View Agenda for this meetingNOVI PLANNING COMMISSION
REGULAR MEETING
WEDNESDAY, DECEMBER 4, 2002, 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER 
45175 W. Ten Mile Road, Novi, Michigan 48375
(248) 347-0475 
    Proceedings had before the NOVI PLANNING COMMISSION, taken before me, 
Maureen A. Haran, CSR-3606, a Notary Public, within and 
for the County of Oakland, State of Michigan, at 
45175 W. Ten Mile Road, Novi, Michigan, on Wednesday, December 4, 2002. 
    PRESENT: 
    Chairperson:  Antonia Nagy 
    Commission Members:  Lowell Sprague, Lynne Paul, 
Tim Shroyer, Gwen Markham, Larry Papp, David Ruyle, 
John Avdoulos  
    ABSENT/EXCUSED:  
Commission Member Lynn Kocan 
    ALSO PRESENT: 
Planning Director:  David Evancoe
City Attorney:  Gerald A. Fisher
Planner:  Timothy R. Schmitt
City Engineer:  Nancy McClain 
             21 
                REPORTED BY: 
             22 
                      Maureen A. Haran, CSR 3606         
             23 
             24
 
                                                                        1
 
              1                              Novi, Michigan 
              2                              Wednesday, December 4, 2002  
              3                              7:35 p.m.                      
              4                           _ _ _ 
              5 CALL TO ORDER 
              6                      CHAIRPERSON NAGY:  Good evening.  I'd  
              7       like to call the Planning Commission meeting to  
              8       order.   
              9                      Mr. Schmitt, if you would please call  
             10       the roll.   
             11 ROLL CALL 
             12                      MR. SCHMITT:  Member Avdoulos?  
             13                      MEMBER AVDOULOS:  Here.  
             14                      MR. SCHMITT:  Member Kocan? 
             15                      CHAIRPERSON NAGY:  Absent. 
             16                      MR. SCHMITT:  Excused.   
             17                      Member Markham? 
             18                      MEMBER MARKHAM:  Here 
             19                      MR. SCHMITT:  Chairperson Nagy?         
             20                      CHAIRPERSON NAGY:  Here.   
             21                      MR. SCHMITT:  Member Papp?   
             22                      MEMBER PAPP:  Here. 
             23                      MR. SCHMITT:  Member Paul? 
             24                      MEMBER PAUL:  Here.
 
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              1                      MR. SCHMITT:  Member Ruyle?   
              2                      MEMBER RUYLE:  Here.   
              3                      MR. SCHMITT:  Member Shroyer?  
              4                      MEMBER SHROYER:  Here. 
              5                      MR. SCHMITT:  And Member Sprague?       
              6                      MEMBER SPRAGUE:  Here.  
              7                      MR. SCHMITT:  Thank you. 
              8                      CHAIRPERSON NAGY: Thank you.  
              9                      Mr. Avdoulos, if you would lead us in  
             10       the Pledge of Allegiance, please.   
             11 PLEDGE OF ALLEGIANCE 
             12                           (Pledge of Allegiance was recited  
             13                           at this time.) 
             14 APPROVAL OF AGENDA 
             15                      CHAIRPERSON NAGY:  Are there any  
             16       deletions or additions to the Agenda?  
             17                      Mr. Ruyle? 
             18                      MEMBER RUYLE:  Thank you,  
             19       Madam Chair.   
             20                      Under Matters for Consideration, we'd  
             21       like to add Number 2, and we'll just call it the  
             22       Twelve Mile Road - Napier Study Plan.  
             23                      CHAIRPERSON NAGY:  Under Matters for  
             24       Discussion or Consideration?
 
                                                                        4
 
              1                      MEMBER RUYLE:  No.  Matters for  
              2       Consideration. 
              3                      CHAIRPERSON NAGY:  Twelve Mile? 
              4                      MEMBER RUYLE:  Because we have to vote  
              5       on it. 
              6                      CHAIRPERSON NAGY:  Okay.  Twelve Mile?  
              7                      MEMBER RUYLE:  Twelve Mile - Napier  
              8       Study Plan.  
              9                      CHAIRPERSON NAGY:  Mr. Fisher?  
             10                      MR. FISHER:  Mr. Ruyle has made the  
             11       request.  Thank you very much. 
             12                      CHAIRPERSON NAGY:  Commissioner  
             13       Markham?  
             14                      MEMBER MARKHAM:  I'd like to add an 
 
             15       item under Matters for Discussion:  Training  
             16       materials. 
             17                      CHAIRPERSON NAGY:  Okay.   
             18                      Member Kocan is not here this evening  
             19       and she was the person that wanted to put under  
             20       Matters for Discussion the discussion on scheduling  
             21       the joint meeting with City Council.  And I would  
             22       like to postpone that to the next Agenda and make  
             23       discussion on subcommittee meetings Item Number 1,  
             24       and the Training materials, Item Number 2.  If no one 
 
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              1       has any objection.   
              2                      MEMBER RUYLE:  Move for approval as  
              3       amended.  
              4                      MEMBER PAUL:  Second.  
              5                      CHAIRPERSON NAGY:  All in favor say  
              6       aye.   
              7                      ALL MEMBERS:  Aye.   
              8                      CHAIRPERSON NAGY:  All opposed say  
              9       nay.   
             10                           (No response from the Members.) 
             11                      CHAIRPERSON NAGY:  Motion passes.   
             12 AUDIENCE PARTICIPATION 
             13                      CHAIRPERSON NAGY:  We have our first  
             14       audience participation and this is with regard to  
             15       anyone who would like to address the Commission on  
             16       anything other than the public hearings this  
             17       evening.  The two public hearings this evening will  
             18       be the Master Plan Amendment on Ten Mile and Beck,  
             19       and the second Master Plan Amendment is the -- I  
             20       better put my glasses on. Pardon me.  
             21                      The second Master Plan Amendment is  
             22       Master Plan for Single Family Residential to Multiple  
             23       at Thirteen and west of M-5.  If there is anyone that  
             24       would like to address this Commission on any other 
 
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              1       topic, other than those two, please come forward. 
              2                      Yes, sir.  Mr. Mutch.  And if you  
              3       would please state your name and address, and spell  
              4       your last name for the court reporter. 
              5                      MR. MUTCH:  Court reporter tonight,  
              6       okay.   
              7                      Andrew Mutch.  64541 Hampton Court.   
              8       Last name, M-u-t-c-h.   
              9                      CHAIRPERSON NAGY:  Thank you.  
             10                      MR. MUTCH:  Good evening, Madam Chair  
             11       and members of the Planning Commission.  
             12                      My comments tonight are directed  
             13       towards the Master Plan Amendment for Catholic  
             14       Central High School, which is under Matters for  
             15       Consideration.   
             16                      At the last meeting when this item was  
             17       discussed, I came forward with the concept of looking  
             18       at some alternative land use ideas for this  
             19       property.  And at that time, I suggested that there  
             20       was a Public Land Use designation on our Master Plan,  
             21       which might better fit that property.  And the  
             22       Commission discussed that and some other  
             23       alternatives, and tabled that to give some  
             24       consideration to all the alternatives, and tonight 
 
                                                                        7
 
              1       you will most likely vote on one of those.   
              2                      I think in some of the discussion and  
              3       in some of the comments that I've read, that there  
              4       seems to be a focus on whether there's a right or  
              5       wrong answer to this question, and I don't think  
              6       there is one single right answer or wrong answer.  
              7       I think there's a slew of alternatives and we have  
              8       to decide which is the best alternative that meets  
              9       the needs of the Applicant, the needs of the City and  
             10       the needs of the surrounding property owners.  And I  
             11       think the best alternative is the Public Land Use.     
             12                     Now, the first question is:  Does the  
             13       Public Land Use designation allow the Applicant to  
             14       move forward with the Catholic Central High School  
             15       plan, if the Commission is inclined to accept that?  
             16       And it does.   
             17                      In fact, the language of Public Land  
             18       Use specifically includes private schools, such as  
             19       what is proposed under the Catholic Central Master  
             20       Plan Amendment.  So this Applicant can move forward  
             21       with that designation on that property and fulfill  
             22       their vision for this property with that  
             23       designation.   
             24                      Now the second question is:  Does the 
 
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              1       Public Land Use designation meet the needs of the  
              2       City?  And I think it most definitely does.  In fact,  
              3       of all the alternatives, I think it's the one that  
              4       best meets the needs of the City.   
              5                      The Planning Commission could simply  
              6       designate this for Single Family Residential as has  
              7       been proposed.  But, if you designate this as Public  
              8       Land Use, you are giving specific direction to these  
              9       property owners and future property owners that that  
             10       is your vision for this piece of property.  Not  
             11       single family developed homes, subdivision  
             12       development, or other land uses of that nature.  In  
             13       fact, I would guess that, save for this proponent  
             14       coming forward with the suggestion, that you would  
             15       not be considering residential land use for this  
             16       area.   
             17                      The Planning Commission, when it  
             18       amended the Master Plan in 1999, did look at this  
             19       area in-depth, and endorsed the Plan as it now  
             20       stands.  So from the City's viewpoint, the Public  
             21       Land Use is the most appropriate, and it gives you  
             22       the most control.  If this Applicant, for whatever  
             23       reason, walks away and Catholic Central does not  
             24       become a reality, you have another opportunity to 
 
                                                                        9
 
              1       review the future land use of that area with other  
              2       proponents.  If you just simply make it Single Family  
              3       Residential, then anybody can come forward and under  
              4       your Master Plan, those visions of that property  
              5       which may not jive with yours, can simply be  
              6       approved.   
              7                      And finally, I think the Public Land  
              8       Use designation best meets the needs of the  
              9       neighboring property owners.  Clearly, designating  
             10       Single Family Residential on that property does not  
             11       match what will be there if Catholic Central is  
             12       developed.  A high school of that size, with those  
             13       type of facilities, has much different impacts on the  
             14       surrounding property owners, and has much different  
             15       impacts in terms of land use.  And clearly, the  
             16       Public designation recognizes those impacts, and  
             17       better gives the surrounding property owners, who we  
             18       all realize are in a very awkward position, much  
             19       better alternatives for the future.  Thank you.  
             20                      CHAIRPERSON NAGY:  Thank you,  
             21       Mr. Mutch.   
             22                      We have Mayor Clark.   
             23                      MAYOR CLARK:  Thank you, Madam Chair,   
             24       but I do come here tonight simply as a private 
 
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              1       citizen to speak in support of Item Number 1, Matters  
              2       for Consideration, the request for the Master Plan  
              3       Amendment for Catholic Central.   
              4                      I'll just take a few moments of your  
              5       time and I'd like to point out a couple of things.   
              6       We have the distinction in this community of having  
              7       one of the outstanding public educational systems in  
              8       the State of Michigan.  It's been recognized  
              9       nationally.  To have one of the finest private  
             10       educational institutions anywhere, would only be a  
             11       plus and a positive for this community.   
             12                      I would have to respectfully disagree  
             13       with the last speaker.  I don't think Public Land Use  
             14       would be appropriate here for two reasons:  Number  
             15       one, if Catholic Central did not develop, certainly  
             16       there's no other public school that's going to build  
             17       on that site.  And nor will there be any other  
             18       governmental building, given the constraints and how  
             19       the voters have expressed their concerns in recent  
             20       elections relative, for example, to a new library.  I  
             21       think the message is clear.  You add to that, the  
             22       state budget cuts that are coming, I don't think  
             23       you'll see any government or public institutional  
             24       buildings going up for a long time into the future.  
 
                                                                        11
 
              1       Certainly not in Novi.   
              2                      Residential will allow Catholic  
              3       Central to be built.  It is appropriate, and I say  
              4       that for two reasons:  There was a concern addressed,  
              5       but what if Catholic Central doesn't build?  Number  
              6       one, as everyone knows, Catholic Central was  
              7       fortunate enough to receive a donation of this  
              8       acreage from Mr. Pellerito.  That property was looked  
              9       at in years past by several entrepreneurs for  
             10       purposes of development, and they walked away.  They  
             11       said the site is just too difficult and too costly to  
             12       develop.   
             13                      Secondly, Catholic Central has already  
             14       raised $24 million that they will commit to this  
             15       project.  And when this project is finished, it will  
             16       be well in excess of that number.  They're raising  
             17       additional funds as we speak.  They are committed to  
             18       Novi.  They have every intention to build that school  
             19       here.   
             20                      This facility will add to the quality  
             21       of life in our community, it certainly will do  
             22       nothing to detract, but only add to everyone's  
             23       property values, as some families who do have  
             24       children who attend or in the future will attend,  
 
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              1       will look at Novi as a place to live.   
              2                      Finally, I am concerned and aware of  
              3       the concerns of the four homeowners who appeared at  
              4       your last meeting.  I watched the meeting.  And they 
 
              5       have some legitimate concerns, but I think adopting  
              6       the request of Catholic Central will in no way  
              7       devalue their property, but if anything, will add to  
              8       its value.  If in the future, someone would make an  
              9       offer on their property for some sort of -- certainly  
             10       a business venture, they always have the option to  
             11       come in and make an offer saying subject to getting a  
             12       zoning change, and I think in light of the  
             13       circumstances, and certainly I can't speak for  the  
             14       ZBA, but I think that they would certainly look with  
             15       favorable eye at that proposal, given what is going  
             16       on in that area and what is across the street from  
             17       where the high school is proposed to be.  
             18                      And to say that, for example, well,  
             19       if this ended up being just Residential, it's not  
             20       good for the City of Novi.  I find that one a little  
             21       hard to understand.  Or the concept that, well, no  
             22       one would build homes in that area.  Over 20 years  
             23       ago when I came out to Novi, I almost ended up in  
             24       Northville Township, and I can take you to an area at 
 
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              1       Six and Bradner where there are homes now in an area  
              2       where we almost built, and three or four of those  
              3       homes are within 75 feet of the rail spur that goes  
              4       through Northville.  And those homes now are valued  
              5       at about $300,000.  So you'd be surprised where  
              6       people will build homes.  Where we may not build a  
              7       home, someone else will.  But I don't think we really  
              8       have to be concerned about that.   
              9                      Catholic Central has the land and as  
             10       I've indicated, they've raised a substantial portion  
             11       of the funds already that they need to make this  
             12       project a reality.  They have every intention to come  
             13       to Novi, to be good citizens in Novi, and are  
             14       hopefully looking forward -- if this project moves  
             15       ahead -- to opening their doors to the entering class  
             16       in 2005.  Thank you.  
             17                      CHAIRPERSON NAGY:  Thank you very  
             18       much, Mr. Clark.   
             19                      Do we have anyone else in the audience  
             20       who would like to address the Commission on any  
             21       matters other than these two public hearings?  
             22                           (No response from the audience.) 
             23                      CHAIRPERSON NAGY:  Seeing no one, I  
             24       will close the audience participation.  
 
                                                                        14
 
              1 CORRESPONDENCE       
              2                      CHAIRPERSON NAGY:  Madam Vice Chair,  
              3       do we have any correspondence on anything other than  
              4       the public hearings? 
              5                      MEMBER MARKHAM:  No.  We have several  
              6       letters but they're all related to the public  
              7       hearings. 
              8 COMMUNICATIONS/COMMITTEE REPORTS 
              9                      CHAIRPERSON NAGY:  Okay.  Do we have  
             10       any communication and/or community reports?  None? 
             11 PRESENTATIONS       
             12                      CHAIRPERSON NAGY:  Do we have any  
             13       presentations, Mr. Evancoe? 
             14                      MR. EVANCOE:  No, ma'am.  We do not. 
             15                      CHAIRPERSON NAGY:  Thank you very  
             16       much.   
             17                      With that, the Commission will move on  
             18       to the next item which is the Consent Agenda -  
             19       Removals and Approvals.   
             20 CONSENT AGENDA - REMOVALS AND APPROVAL 
             21                      CHAIRPERSON NAGY:  Do we have any  
             22       removals or approvals? 
             23                      MEMBER RUYLE:  Move to approve.   
             24                      CHAIRPERSON NAGY:  All in favor say
 
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              1       aye.  
              2                      ALL MEMBERS:  Aye.   
              3                      CHAIRPERSON NAGY:  Motion passes  
              4       six -- seven -- eight to zero.   
              5 PUBLIC HEARINGS 
              6 MASTER PLAN AMENDMENT - ASPEN GROUP/BECK LLC 
              7                CHAIRPERSON NAGY:  The next item on the  
              8       Agenda is the public hearings, and the first public  
              9       hearing is public hearing on the request of Aspen  
             10       Group/Beck LLC to amend the Master Plan from Single  
             11       Family Residential to Local Commercial.   
             12                      The subject property is located in  
             13       Section 29 on the southwest corner of Ten Mile and  
             14       Beck Road.  The subject property is 4.0 acres.   
             15                      Mr. Schmitt. 
             16                      MR. SCHMITT:  Thank you,  
             17       Madam Chair.  
             18                      The request this evening is for a  
             19       Master Plan Amendment, as you mentioned, from Single  
             20       Family Residential to Local Commercial.   
             21                      I just want to stress for the members  
             22       of the audience that are watching at home and here in  
             23       the chambers, that this is not involving a rezoning  
             24       request at this time.  A rezoning request may follow, 
 
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              1       however this is simply for the Master Plan Amendment.  
              2                      To give a brief overview of the area,  
              3       if I can get the overhead.   
              4                      As you can see, the subject property  
              5       is located at the southwest corner of Ten Mile and  
              6       Beck Roads.  It is surrounded by single family homes,  
              7       generally low density.  Catty-corner across Ten Mile  
              8       and Beck at the northeast corner, is a Local  
              9       Commercial designation, which is currently developed  
             10       as the Briar Pointe Plaza Shopping Center.  A small  
             11       strip center of approximately 12,000 square feet.      
             12                        Further to the north is higher  
             13       density Single Family, and as I mentioned other  
             14       Single Family all around.  
             15                      There are three main subdivisions in 
 
             16       the area:  Greenwood Oaks to the north, Briarwood to  
             17       the northeast, and Broadmoor Park to the southeast.    
             18                      The request would allow for the future  
             19       rezoning of the property to B-1, Local Commercial.  
             20       This would be the same zoning that is located at the  
             21       Briarpointe Shopping Center.  It would allow for  
             22       small retail uses that you would see on a general   
             23       strip center type development.  This would not allow  
             24       for items such as a gas station or a fast food 
 
                                                                        17
 
              1       restaurant, or large big box realtor.   
              2                      The general character of the area is  
              3       strongly residential.  As you travel from this  
              4       building to the west on Ten Mile Road, you'll see the 
 
              5       side of the residential character along the road.   
              6       Many subdivisions abut the road and have homes that  
              7       actually have their rear yards along Ten Mile Road.   
              8       There's very little Commercial in the area, which I  
              9       believe prompted this request to provide for the  
             10       local community commercial needs.  
             11                      The entire area is currently Master  
             12       Planned at 1.65 units per acre on the Single Family  
             13       map, Master Plan density map.  This would -- this  
             14       request would remove this parcel from that density  
             15       and not contribute to the overall residential density  
             16       of the area.  However, it would add a moderate  
             17       impact, moderate traffic count user to the area,  
             18       adding approximately -- estimated between 500 and  
             19       1300 additional trips per day in the area.  Specific  
             20       traffic numbers will be available at the time of  
             21       rezoning, however the estimate was given on the  
             22       possible rezoning request.   
             23                      There are no woodlands on the property  
             24       and there's a very tiny amount of wetlands on the 
 
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              1       southwest corner.   
              2                      The most important thing to look at,  
              3       especially in this area, is the participation survey  
              4       that was recently completed by the City.  Within that 
 
              5       survey and within the 1999 Master Plan for land use,  
              6       there was a decided slant towards not adding  
              7       additional Commercial throughout the City.  The City  
              8       has focused the Commercial efforts along the 
 
              9       Grand River corridor, most notably the West Market  
             10       Square Shopping Center just north of this property at  
             11       Beck and Grand River, which has a Home Depot, a  
             12       Kroger, several restaurants, and other small  
             13       commercial ventures, which serve the local community  
             14       needs.   
             15                      In terms of compatibility with the  
             16       surrounding areas, this Commercial development will  
             17       be somewhat out of the character with the rest of the  
             18       area, however it will be much along the lines of the  
             19       Briarpointe Plaza, a corner Commercial area amongst  
             20       residential.   
             21                      It is the staff's recommendation that  
             22       the Master Plan remain unchanged for the property.   
             23       We feel that the Residential designation is  
             24       appropriate, especially given the surrounding 
 
                                                                        19
 
              1       parcels, which will probably not be developed in a  
              2       major way, and more than likely will remain Single  
              3       Family Residential.   
              4                      If you have any questions, feel free  
              5       to ask. 
              6                      CHAIRPERSON NAGY:  Thank you very  
              7       much.   
              8                      If the Applicant would like to come  
              9       forward and address the Commission.  And after that,  
             10       we'll have audience participation.   
             11                      MR. SABLE:  Good evening.  My name is  
             12       Richard Sable.  I'm an attorney.  Address,  
             13       12900 Hall Road, Sterling Heights.   
             14                      When we submitted the application, we  
             15       also submitted a supplemental package to the Planning  
             16       Commission members, which explain the reasons why for  
             17       the zoning designation change that we're seeking.  
             18                      Now, listening to the Planner here,  
             19       he made a number of comments that I agree with.  In  
             20       looking at the map that he showed me on the screen,  
             21       it's pretty obvious that, to me, it makes sense to  
             22       take this corner and put it into the Local Family  
             23       Commercial.  Obviously, we disagree with his  
             24       recommendation, that's why we're standing here.  
 
                                                                        20
 
              1                      I'm not going to go over some of the  
              2       comments that he made because, again, there was  
              3       what's surrounding in the area, that's correct.  The  
              4       parcel itself is four acres.  Looking at the current  
              5       zoning designation, as we indicated in our request,  
              6       we spent some time and money and did a design here  
              7       for Single Family Residential under the existing  
              8       zoning.  In order to be able to do any Single Family  
              9       Residential here and meet your ordinances, the most  
             10       we could get out of this parcel is three single  
             11       family lots, which would be somewhere in the vicinity  
             12       of half acre lots.   
             13                      Just the very cost of meeting the  
             14       ordinances, developing this site, with the road  
             15       improvements that would have to be done, the  
             16       utilities that have to be taken care of, literally  
             17       take us far in excess of $160,000 per lot for these  
             18       three lots, to be able to develop the lots.  And as  
             19       we know just from the whole market in this area,  
             20       there isn't any single family half acre lots that  
             21       sell for anything over 150, and more likely on the  
             22       average of $125,000 per lot.   
             23                      We're not in any position that -- this  
             24       parcel in looking at its configuration, it doesn't 
 
                                                                        21
 
              1       even make sense to take a corner, develop the  
              2       cul-de-sac and have three single family lots.   
              3                      Now, looking at some of the reasons  
              4       why, independent of the fact that we can't  
              5       economically develop Single Family on this property,  
              6       we look right to what you've done in the past and,  
              7       again, right on the north side of the street.  And  
              8       looking to your Master Plan, we put that in our  
              9       presentation, Page 46:   
             10                      The Master Plan provides that the       
             11            community should provide for appropriate          
             12            location for a variety of high quality            
             13            commercial land uses, and to provide for the      
             14            convenient shopping needs of existing and         
             15            planned residential neighborhoods in suitable     
             16            locations that minimize the impact on             
             17            residential areas.   
             18                      This parcel meets that test under your  
             19       Master Plan.  This parcel meets for providing for a  
             20       neighborhood commercial center.   
             21                      Looking at your whole community with  
             22       the uses all along in this whole area, there's a  
             23       limited amount of Commercial here that serves the  
             24       needs of the community.  Our studies have shown that 
 
                                                                        22
 
              1       there's an existing demand.  In fact, we have users  
              2       where we can actually use this site be able to have  
              3       the site (unintelligible), would not be a spec site,  
              4       literally a site for where we have available users.   
              5       That's why we're seeking this zoning request.   
              6                      Now, independent of that, is this  
              7       community, City of Novi, you have other commercial  
              8       areas.  The other commercial developments and the  
              9       Commercial zoning designations don't look to provide  
             10       sufficient Commercial for what all the planned  
             11       Residential is in this area.  That's the reason for  
             12       the zoning classification that you have with the  
             13       Neighborhood Commercial.  It's going to be within the  
             14       neighborhood.  It's going to be within an area that  
             15       abuts Single Family Residential.  That's obviously  
             16       why you approved the shopping center designation over  
             17       on the north side of Ten Mile Road.  That's obviously  
             18       why we don't have any problem with coming in with  
             19       seeking these zoning requests.  It's pretty obvious  
             20       from the way that the planned development took place  
             21       in this area, that this corner was looked at with  
             22       property splits and all the other developments that  
             23       were approved of looking at, more likely than not,  
             24       that this would be a Commercial shopping center 
 
                                                                        23
 
              1       designated area.   
              2                      I have nothing more to present to you  
              3       at this time, other than to say that we have filed a  
              4       report.  I'm sure all of you have read it, and we're  
              5       available here to ask any question -- answer any  
              6       questions that you may have concerning our requests. 
              7       Thank you.  
 
              8                      CHAIRPERSON NAGY:  Thank you very  
              9       much, Mr. Ryan.   
             10                      At this point, we have members of the  
             11       audience that would like to come in and address the  
             12       Commission, and the first person is Mr. Frank  
             13       Brennan.  If you would please come forward and state  
             14       your name and address for the court reporter.  
             15                      MR. BRENNAN:  Good evening, thank you 
 
             16       very much.   
             17                      Frank Brennan, 23876 Heartwood,  
             18       Echo Valley.  We're just a bit west of this site.      
             19                      Maybe a little bit of history.  This  
             20       site was owned by the Klussenger (phonetic) family,  
             21       that is just south of the property.  They owned it  
             22       for probably 30 years.  When Mr. Klussenger got a  
             23       little ill a number of years ago, he sold the  
             24       property to Max Sheldon.  Sheldon ultimately sold it 
 
                                                                        24
 
              1       to someone else.   
              2                      Echo Valley, in particular, is well  
              3       served for our commercial needs with the commercial  
              4       strip that is on Grand River and we fought long and  
              5       hard to get Kroger to move up there, and we're very  
              6       pleased to have our residential community.   
              7                      There's been considerable discussion  
              8       in this community regarding what some have viewed as  
              9       an over-build of commercial development.  Now, while  
             10       one can point to the overall economy as the culprit,  
             11       there is some extended history and troubling recent  
             12       events that should bring concern about rezoning  
             13       additional commercial.  Specifically, four items:   
             14       The Town Center has struggled since its beginning, to  
             15       achieve lease capacity.  West Oaks still has empty  
             16       shelves at Service Merchandise and Kmart.  Main  
             17       Street struggles - Vic's is gone, golf store is gone,   
             18       LaTouche is gone.  What was long ago the Novi Inn  
             19       sits idle.   
             20                      And closer to the issue before you  
             21       tonight, the referenced Briarpointe Commercial  
             22       district has had the video store and Center Street  
             23       Market closed for two years.  Do we really need to  
             24       create more Commercial zoning?  
 
                                                                        25
 
              1                      Secondly, let me have just a couple of  
              2       comments on the Master Plan.  There's been  
              3       considerable time and effort in developing our Master  
              4       Plan, specifically as we look at the build-out of the  
              5       west side of the City, which has been designated  
              6       Beck-West.  The Master Plan is focused on large lot  
              7       residential housing as its preference.  This, in  
              8       fact, was the nucleus of debate with Aspen and their  
              9       clients for the northwest corner.  They were seeking  
             10       to have much higher density.  And if you recall, the  
             11       case went to ZBA, has since gone to Circuit Court and  
             12       our ruling was upheld.   
             13                      There's no reason why this property in  
             14       discussion cannot be built Residential.  I agree,  
             15       two, three large lots could fit on this gorgeous  
             16       site.  Would it be easy?  No.  Will it take a little  
             17       work?  Yes.  But it would blend with the neighborhood  
             18       community.   
             19                      Aspen, just like their purchase on the  
             20       northwest corner, bought this property and it was  
             21       zoned residential.  They should have had due  
             22       diligence in to consider whether rezoning was  
             23       possible or achievable.  They didn't do their  
             24       homework, that's their problem.  I encourage you to 
 
                                                                        26
 
              1       decline this rezoning request. 
              2                      CHAIRPERSON NAGY:  Thank you,  
              3       Mr. Brennan.   
              4                      The next member of the audience is  
              5       a Mr. John -- hopefully I'm pronouncing your name  
              6       correctly -- Kuenzel?  
              7                      MR. KUENZEL:  Close enough.  
              8                      CHAIRPERSON NAGY:  Thank you.  Please  
              9       state your name and address for the court reporter.  
             10                      MR. KUENZEL:  Yes.  My name is  
             11       John Kuenzel.  I live at 23819 Heartwood in Novi, in  
             12       Echo Valley.   
             13                      My concern -- I share Frank's  
             14       sentiments with regard to the need for additional  
             15       commercial development.  We have the vacant units  
             16       over there in the Briarpointe.  They've been vacant  
             17       for a long time.  And any of the needs that might be  
             18       addressed by a commercial development on that  
             19       southwest corner, can be met right there at the  
             20       CVS Pharmacy.  Basically, if you're looking for, you  
             21       know, a 7-Eleven type facility, those needs can be  
             22       met at that pharmacy.             
             23                      So what could be put into the small  
             24       development?  It kind of boggles your mind to try and 
 
                                                                        27
 
              1       figure out what they would put there when there are  
              2       vacant units right across the street where anybody  
              3       that wanted to put something in, could put something  
              4       in.             
              5                      I have a greater concern, however,  
              6       with the traffic.  And that is -- that was addressed  
              7       by the gentleman who spoke earlier for the City.  He  
              8       talks about 500 to 1500 vehicles going in and out of  
              9       this development.  I drive through that intersection  
             10       almost daily, and it is an almost blind intersection  
             11       by the way the roads slope up towards Beck Road, and  
             12       when you add additional traffic going in and out of  
             13       short drives near that corner, you're presenting a  
             14       safety hazard to the community that's totally  
             15       unnecessary.   
             16                      I agree with Mr. Brennan.  These  
             17       people bought it knowing it was zoned residential.   
             18       It needs to be built and developed residential.  We  
             19       need to maintain the integrity of the community.   
             20       Please don't change the Plan.  Thank you. 
             21                      CHAIRPERSON NAGY:  Thank you, sir.  
             22                      The next member of the audience is  
             23       Jackie Haas.  Mrs. Haas, if you would step forward  
             24       and state your name and your address. 
 
                                                                        28
 
              1                      MS. HAAS:  Jackie Haas.  22726  
 
              2       Summer Lane, Autumn Park Subdivision.   
              3                      My husband and I, as well as many of  
              4       our neighbors, are opposed to the Master Plan  
              5       Amendment and any future zoning changes at the  
              6       southwest corner of Ten and Beck from Residential to  
              7       Commercial.   
              8                      There is no need for more commercial  
              9       space in the middle of a residential area, especially  
             10       when the commercial space at the northeast corner has  
             11       been vacant, more than 50 percent vacant, for more  
             12       than 18 months.  Adding more commercial would only  
             13       serve as more traffic that the infrastructure cannot  
             14       support.  It will be a breach of good faith by the  
             15       City to all who have bought houses in this area with  
             16       the understanding that it was a residential corner  
             17       with the exception of Briarpointe, which was already  
             18       in existence.   
             19                      Novi, currently, has a high vacancy  
             20       rate of commercial property throughout the City.  The  
             21       citizens would be better served by a moratorium  
             22       enacted until the current glut of commercial space is  
             23       negated.  Thank you very much. 
             24                      CHAIRPERSON NAGY:  Thank you very 
 
                                                                        29
 
              1       much.  
              2                      The next member of the audience is a  
              3       Mr. Dennis Cline.  Sir, if you would like to step  
              4       forward and spell your last name for the court  
              5       reporter.  
              6                      MR. CLINE:  Good evening.  My name is  
              7       Dennis Cline.  We will be residing at 47527  
              8       Greenwich.  I currently live in Novi; I've been a  
              9       15-year resident.   
             10                      We just purchased this house, and our  
             11       backyard will back right up to the northwest field  
             12       that Aspen also owns that they've tried to rezone.   
             13       Our contention is that we really don't like the idea  
             14       of more commercial in that area.  One of the reasons  
             15       we bought that home was because it was R rated, R-1,  
             16       and all the way around there-  
             17                      VOICE:  (Unintelligible) 
             18                      MR. CLINE:  Yeah, R rated.             
             19                      The Ten and Haggerty area where we  
             20       currently reside is heavily commercial, and we have  
             21       seen it over the last 15 years, traffic has gotten to  
             22       be really, really, bad in that area.  And one of the  
             23       reasons why we moved out there is because it's more  
             24       residential and there's less traffic on that.  And I 
 
                                                                        30
 
              1       don't think they need to have another shopping  
              2       center.  Novi doesn't need one at every single corner  
              3       of every major intersection in this town.  You know,  
              4       if you go a mile and a half up the road and there's a  
              5       major section up there, where it has everything that  
              6       you want on that.   
              7                      And so I'm just opposing it and  
              8       hopefully you do too.  Thank you for your  
              9       consideration. 
             10                      CHAIRPERSON NAGY:  Thank you, sir.  
             11                      The next member of the audience is a  
             12       Mr. Alan Gleichman -- did I pronounce that correctly? 
             13                      MR. GLEICHMAN:  Yes.   
             14                      CHAIRPERSON NAGY:  I have a request  
             15       of the audience members.  I happen to be a court  
             16       reporter myself, and I would appreciate it if  
             17       everyone spoke just a little bit slower so -- she's  
             18       not familiar with all the names and places in our  
             19       City -- so that she can correctly understand it, and  
             20       do a correct verbatim transcript.  And I appreciate  
             21       your cooperation.   
             22                      MR. GLEICHMAN:  My name is Alan  
             23       Gleichman, G-l-e-i-c-h-m-a-n.  I reside at 47162  
             24       Scarlet Drive South, which is in the Briarwood 
 
                                                                        31
 
              1       Village, just north of the Briarwood Pointe  
              2       commercial that was spoken about earlier, which was  
              3       not approved by the Commission.  It was sued into  
              4       existence.  So let's clear that up.   
              5                      We do not need commercial as was  
              6       stated before.  There is plenty of commercial  
              7       available in the immediate area and very close by on  
              8       Grand River.  Our residents do not feel the need and  
              9       have not expressed needs for additional commercial  
             10       space.   
             11                      Thank you very much.  
             12                      CHAIRPERSON NAGY:  Thank you,  
             13       Mr. Gleichman.   
             14                      Our next member of the audience that  
             15       would like to address the Commission is Mr. Patrick  
             16       Ramsey.  If you would please come forward.  
             17                      MR. RAMSEY:  Patrick Ramsey,  
             18       R-a-m-s-e-y.   
             19                      Good evening, Madam Chairperson. 
             20                      CHAIRPERSON NAGY:  Good evening,  
             21       sir.   
             22                      MR. RAMSEY:  I come to you, not just  
             23       as a citizen in Roma Ridge Subdivision, but as their  
             24       subdivision Homeowner's Association president for the 
 
                                                                        32
 
              1       last four years.  And I had a number of people come  
              2       to me when we when the proposal to change the  
              3       property zoning came forward, and express some  
              4       concern, and as a result we drafted a letter which  
              5       was sent to the attention of Donna Howe, part of the  
              6       Planning Commission.  I have some spare copies if  
              7       that hasn't been distributed to the members.  
              8                      CHAIRPERSON NAGY:  Has it?              
              9 
             10                      MR. EVANCOE:  Madam Chair, I believe  
             11       it's in the stack of letters provided to the  
             12       secretary. 
             13                      CHAIRPERSON NAGY:  Thank you.  
             14                      MR. RAMSEY:  There's four points,  
             15       really, I'd like to cover in the letter.  And first,  
             16       one that has been mentioned a number of times, is  
             17       that kitty-corner from this property there's a  
             18       commercial center, that is far from being fully  
             19       utilized.  It doesn't seem to make sense to have  
             20       another property that would be under utilized.   
             21                      I keep hearing tonight, meeting the  
             22       commercial needs of the homeowners.  And as a  
             23       homeowner, I have to admit, instead of meeting my  
             24       commercial needs, I feel very over saturated in terms 
 
                                                                        33
 
              1       of commercial development, and I just don't see how  
              2       this would add any value to our neighborhood, to our  
              3       community.   
              4                      The second point I'd like to mention  
              5       is that point that was mentioned by the  
              6       representative of the Aspen Group, and some other  
              7       folks in terms of a commercial corridor.  The  
              8       Grand River area has been designated as a commercial  
              9       corridor, and a few years ago there was a proposal at  
             10       Eight and Beck that did not proceed as a commercial  
             11       property.  And again, the direction of the City has  
             12       been to push new development to that corridor.  And  
             13       again, if there's a need, I think that is the place  
             14       where it should be, and so do the homeowners in our  
             15       association.   
             16                      Third, is the traffic, and it's  
             17       mentioned over and over.  And I can tell you that I'm  
             18       not someone who has done traffic studies, but I can  
             19       tell you I know many people who have been involved in  
             20       serious accidents at that intersection.  Making a  
             21       left-hand turn at that corner is difficult.  I can  
             22       say from personal experience with our friends next  
             23       door at the police department, who I have met on a  
             24       few occasions, thanks to my Mustang which has gotten 
 
                                                                        34
 
              1       me into trouble, that I'm not known to be a cautious  
              2       driver, especially with my right foot.   
              3                      Having said that, I don't go through  
              4       that intersection because it scares the heck out of  
              5       me.  I know too many people who have been injured in  
              6       left-hand turns trying to go through there, either  
              7       proceeding eastbound on Beck or making a left-hand  
              8       turn onto Ten Mile.  It's not a good intersection.   
              9       The grade is part of the problem, but another part is  
             10       capacity.  It just cannot handle additional traffic.   
             11                      Now I do know that there's been a  
             12       right-hand turn lane that has just been added in the  
             13       last week.  That does not alleviate any of the  
             14       difficulty in the sight lines and capacity for trying  
             15       to make a left-hand turn at that intersection.   
             16                      I think the last point that I'd like  
             17       to mention, is that the area from a visual standpoint  
             18       I believe would be negatively impacted by having  
             19       another development in the area that's primarily  
             20       residential.  And a number of people feel very  
             21       strongly about that and I think I want to echo that  
             22       on behalf of the people in our association as well.    
             23                      I thank you for your time, and as  
             24       representing Roma Ridge we really strongly would like 
 
                                                                        35
 
              1       a denial on moving forward with this development.  
              2       Thank you. 
              3                      CHAIRPERSON NAGY:  Thank you, sir.  
              4                      The next member of the audience is --  
              5       and forgive me if I don't pronounce your name  
              6       correctly -- Michael Rajkovic.  
              7                      MR. RAJKOVIC:  Thank you. 
              8                      CHAIRPERSON NAGY:  If you would spell  
              9       your name for the court reporter, your last name.      
             10                      MR. RAJKOVIC:  I'm Michael Rajkovic. I  
             11       live on 47330 Baker Street in Broadmoor Park  
             12       Subdivision, that's directly across from Ten Mile  
             13       Road where this proposed development would be.   
             14                      I am before you for the third time, I  
             15       think, in two years fighting developers who want to  
             16       put commercial property on those corners where we  
             17       live.  A number of my neighbors are behind me in  
             18       Broadmoor Park.  I know some of them do not intend to  
             19       speak tonight, but I do know how they feel because  
             20       we've been through this twice before.   
             21                      The Commission has rightly denied  
             22       rezoning of the two corners south of Ten Mile  
             23       before.  Once on the west side, once on the east  
             24       side.  They were both rezoning proposals for daycare 
 
                                                                        36
 
              1       centers.  They were denied primarily due to safety  
              2       issues.  Your own City consultants, JCK Associates,  
              3       has identified a line-of-sight issue on that  
              4       intersection.  A line-of-sight issue is when a  
              5       vehicle doesn't have -- when it's pulling out into  
              6       Ten Mile, it doesn't have enough time to clear before  
              7       another vehicle coming at 50 miles an hour, which is  
              8       the speed at that intersection, hits it.   
              9                      Imagine if you have a car coming at 50 
 
             10       miles an hour through the light, and somebody trying  
             11       to put out on the left-hand side into the  
             12       intersection, because the grade is high, the vehicle  
             13       coming from the right cannot be seen in time.  It  
             14       takes about eight seconds to close that distance  
             15       before a vehicle pulls out.  Now, you be the judge as  
             16       to how many seconds a person needs to pull out  
             17       safely.  JCK has demonstrated that when we talked  
             18       about the daycare centers.  
             19                      I live on the third house from  
             20       Beck Road on Baker Street, on the southeast corner.  
 
             21       And I can't tell you how many times a night my kids  
             22       and my wife and I get woken up by sounds of  
             23       ambulances coming through that corner, and police  
             24       cars.  That is a dangerous corner as it is, as many 
 
                                                                        37
 
              1       of my neighbors have already pointed out.   
              2                      Mr. Sable, the attorney from  
              3       Sterling Heights who spoke here earlier, talked about  
              4       neighborhood commercial center.  My neighborhood  
              5       doesn't want another commercial center.  The  
              6       commercial center across the street is half empty as  
              7       our other neighbors have correctly pointed out.  A  
              8       lot of commercial centers in the town are under  
              9       utilized.  Grand River again and again has been  
             10       mentioned as the commercial area that this city has  
             11       designated, and it's a mile and a half down.  I don't  
             12       need another one across the street from me.   
             13                      There's about 15 homes there in that  
             14       corner, that average about a half million dollars  
             15       apiece in market value right now.  That's about how  
             16       much we paid for it.  It ranges from $400,000 to  
             17       $600,000 in that area.  I can tell you, any realtor  
             18       that you want to talk to or any appraiser that you  
             19       want to talk to, will tell you, you put commercial  
             20       centers there, our property values will go down.   
             21                      We sent letters into the Planning  
             22       Commission when the daycare center proposals were  
             23       there from appraisers and from realtors, that ranged  
             24       in the estimates from five to ten percent reduction 
 
                                                                        38
 
              1       in property values.  You add up 15 homes at half a  
              2       million bucks each, that's $7.5 million.  Okay.  Ten  
              3       percent down, that's three-quarters of a million out  
              4       of our pockets of our money if we put these  
              5       commercial areas in.  
              6                      I think I'm repeating some of the  
              7       things that have already been said.  But again, we  
              8       live there, we don't want this commercial property  
              9       next to our homes.   
             10                      And again, I want to respectfully  
             11       remind you of the survey that was done.  The survey  
             12       clearly said the residents don't want this property  
             13       rezoned, and I encourage you again, please do not  
             14       allow it.  Thank you. 
             15                      CHAIRPERSON NAGY:  Thank you very  
             16       much, sir.   
             17                           (Applause from the audience.) 
             18                      CHAIRPERSON NAGY:  Obviously, you have  
             19       strong support.  
             20                      The next person from the audience is   
             21       Reagan Schwarzlose.  If you would please spell your  
             22       last name for the court reporter.  
             23                      MR. SCHWARZLOSE:  Thank you.  My name  
             24       is Reagan Schwarzlose, S-c-h-w-a-r-z-l-o-s-e.  
 
                                                                        39
 
              1       I live at 23937 Beck Road.  This is just south of  
              2       the proposed four-acre parcel.  I abut the tract that  
              3       surrounds the four acres.  
              4                      Many of the comments that I was  
              5       planning to make have already been addressed by the  
              6       people who have made comments before.  So I really  
              7       don't choose to go back over those again.  But  
              8       probably the most important one is that being that  
              9       I've lived at that residence over ten years now, come  
             10       before this Commission and the Council several times,  
             11       each time a zoning change or proposed development has  
             12       been planned or proposed for that center.   
             13                      And each time the developer has  
             14       brought forth that he was bringing something that was  
             15       going to present or help the needs of the community,  
             16       it was something that the community wanted.  And each  
             17       time we come forth in the chambers, there's always  
             18       been a strong opposition to any change in zoning in  
             19       any commercial development.  So it's hard for me to  
             20       comprehend how you could be serving the needs of  
             21       community, when the community itself at each and  
             22       every meeting, and each and every time it's  
             23       presented, has stated their opposition.   
             24                      And to your credit, the Planning Board 
 
                                                                        40
 
              1       and the Council's credit, to this point has stood  
              2       behind the Master Plan.  Thank you.  
              3                      CHAIRPERSON NAGY:  Thank you, sir.     
              4                      A Ms. Rosina DeGiulio.  If you could  
              5       please spell your last name.   
              6                      MS. DeGIULIO:  Good evening.  My name  
              7       is Rosina, my first name is spelled R-o-s-i-n-a, and  
              8       my last name is D-e-G, like in George, -i-u-l-i-o,  
              9       and I reside at 24116 Woodham, which is in Echo  
             10       Valley sub.   
             11                      And the points that I wanted to bring  
             12       up have already been made, but the one that I want to  
             13       emphasize is the problem with the traffic and the  
             14       safety issues there.   
             15                      Whenever the expressway closes down or  
             16       there's an accident for some reason, we get the  
             17       overflow on Ten Mile when the expressway closes.  And  
             18       Monday morning, for example, when we had bad weather,  
             19       it was bumper to bumper out on Ten Mile.  I couldn't  
             20       even get out at nine-thirty in the morning.            
             21                      The other thing is with all the  
             22       construction in the area, we have a lot of  
             23       construction vehicles, and nobody obeys the speed  
             24       limit on that road.  I've seen those big construction 
 
                                                                        41
 
              1       trucks go at 55 miles an hour and they go right  
              2       through that intersection at Ten Mile and Beck and  
              3       run amber lights all the time.   
              4                      And school busses are another issue.  
              5       With all the schools we have at that end of town, the  
              6       visibility is reduced by school busses.   
              7                      We don't need any more commercial.   
              8       I'm sick of looking at ugly buildings like at  
              9       Briarwood where it's half empty and it's been that  
             10       way for over two years now, and we don't need anymore  
             11       traffic.  I'm concerned about the quality of my life  
             12       here in Novi.  I lived at Nine Mile and Haggerty and  
             13       moved to the west side because the commercial  
             14       corridor was supposed to be Grand River, and that's  
             15       the reason I moved there to keep the quality of life  
             16       intact and get away from the traffic and the over  
             17       development.            
             18                      So I would like to thank everybody  
             19       here, the Council for addressing these issues, and I  
             20       respectfully ask you to deny this request.  Thank  
             21       you. 
             22                      CHAIRPERSON NAGY:  Thank you, ma'am.  
             23                      The next member of the audience is  
             24       Mr. Ran Ahluwalia -- am I close?
 
                                                                        42
 
              1                      MR. AHLUWALIA:  Pretty close, yes. 
              2                      CHAIRPERSON NAGY:  Thank you.  If  
              3       could you spell your last name for the reporter,  
              4       please.   
              5                      MR. AHLUWALIA:  Good evening.  My name  
              6       is Ran Ahluwalia.  My last name is A-h-l-u-w-a-l-i-a,  
              7       and I reside at 47445 Greenwich Drive, Novi, in the  
              8       Greenwood Oaks Subdivision.  
              9                      Tonight I'm representing the  
             10       Homeowners Association Board of Directors, of which  
             11       I'm a member, and also the views of the residents in  
             12       the Greenwood Oaks Subdivision.   
             13                      I apologize if a number of comments  
             14       that I'm going to bring up have already been  
             15       discussed, but it's important that we reiterate our  
             16       position.   
             17                      The first point of bringing a business  
             18       commercial development is that you must note that the  
             19       development in Briarpointe is already in existence  
             20       and it has a number of vacancies, and it has had  
             21       those vacancies for a number of years now.  So  
             22       bringing an additional business development when you  
             23       already have business developments which are under  
             24       utilized is an issue and a concern we have.  
 
                                                                        43
 
              1                      The other concern we had was the  
              2       traffic flow is going to increase substantially with  
              3       this new proposed development.  The four corners of  
              4       that Ten Mile and Beck area are highly residential,   
              5       and many of our homeowners in Greenwood Oaks  
              6       purchased homes on that basis.  And quite frankly,  
              7       when you have businesses on Grand River and Beck  
              8       which are also under utilized as well, you really  
              9       have to question the need for additional development  
             10       in that area.  It's clearly over saturated and, you  
             11       know, as homeowners we're all concerned about  
             12       potential effects on property prices, et cetera.   
             13                      We appreciate your careful  
             14       consideration in keeping this development out of the  
             15       community.  Thank you.  
             16                      CHAIRPERSON NAGY:  Thank you, sir.  
             17                      Our next member is Mr. Chris Pargoff.  
             18                      MR. PARGOFF:  Good evening.  My name  
             19       is Chris Pargoff.  P, as in Paul, -a-r-g-o-f-f, as in  
             20       Frank.             
             21                      I'm also opposed to altering of the  
             22       Master Plan at this time.  Everytime we play with the  
             23       Plan, the citizens of Novi have our vision of the  
             24       City shattered.  A complete study is necessary 
 
                                                                        44
 
              1       because this is not the only corner in question.   
              2       There are two other empty corners at Ten Mile, two at  
              3       Nine Mile, and three at Eleven Mile.  Any one of  
              4       these corners could be the next one to be Master  
              5       Planned out of its current zoning.  We need the  
              6       Master Plan to be in existence for its integrity.   
              7       There were many months of study put into the present  
              8       Master Plan, and we should not just willy-nilly  
              9       piecemeal it out of existence.   
             10                      I work in a city with its shopping  
             11       center on almost every major intersection, and all of  
             12       these centers have at least one, and sometimes many  
             13       empty stores.  This is not the fate I want to see for  
             14       the City of Novi.  Thank you. 
             15                      CHAIRPERSON NAGY:  Thank you, sir. 
             16                      The next member of the audience is  
             17       Mr. Dennis Ringvelski.   
             18                      MR. RINGVELSKI:  I'll definitely  
             19       spell it. 
             20                      CHAIRPERSON NAGY:  Thank you.  
             21                      MR. RINGVELSKI:  My name is Dennis  
             22       Ringvelski.  That's R-i-n-g-v-, as in Victor,  
             23       -e-l-s-k-i.  And I live at 24359 Nantucket Drive, and  
             24       that's in Greenwood Oaks-I.  
 
                                                                        45
 
              1                      I'm not going to repeat what everybody  
              2       said here, because I agree with all of them on the  
              3       traffic and on the density and all that sort of  
              4       thing.  My wife is a board member of the Greenwood  
              5       Oaks I and II, and asked me to come.  She could not  
              6       come tonight.   
              7                      Basically, I moved into -- oh, by the  
              8       way, I want to tell you why I moved into Novi,  
              9       especially where I did, west of Beck.  I like the R  
             10       rating also.  24 years ago, when I moved into Novi  
             11       into Echo Valley, whom we have many members here  
             12       tonight, I very carefully checked the zoning and what  
             13       Master Plan existed at that time.  Ten years ago,  
             14       when I moved into Greenwood Oaks-I, I again closely  
             15       followed the area of this corner and what was going  
             16       on with the Master Plan, and decided that this is  
             17       where I want to stay.  I want to stay in Novi, just  
             18       two blocks north of where I used to live.   
             19                      When I did that though, I did my  
             20       homework.  I checked the zoning, I checked the Master 
 
             21       Plan.  I knew what I was buying.  I knew what the  
             22       largest investment of my life would be.  I think the  
             23       gentlemen here, the Applicants, should have done  
             24       their homework a little more carefully.  I really 
 
                                                                        46
 
              1       don't like to see them coming here, crying the blues,  
              2       that they can only put three or four homes on this  
              3       property now.  They well knew that what that was  
              4       before they brought this property.  I don't have  
              5       lawyers, real estate agents, architects, traffic  
              6       planners, or anybody working for me, but I was able  
              7       to figure that out for myself.  So I would ask you  
              8       to, again, deny this request.  Thank you.  
              9                           (Applause from the audience.) 
             10                      CHAIRPERSON NAGY:  Thank you very  
             11       much.   
             12                      Your enthusiasm, I think, is probably  
             13       appreciated by all the members of the audience, and  
             14       we at the Planning Commission are always thrilled  
             15       with your enthusiasm too, but we don't really need  
             16       the clapping anymore.   
             17                      Okay.  The next person is  
             18       Mr. Paul Vogel.  
             19                      MR. VOGEL:  Good evening.  My name is  
             20       Paul Vogel.  That's V-, as in Victor, -o-g-e-l.   
             21       24614 Venice Drive, Roma Ridge Subdivision.   
             22                      Madam Chair and Board Members, before  
             23       I forget, I haven't had the opportunity, I appreciate  
             24       the efforts and the volunteerism that you put in to 
 
                                                                        47
 
              1       serving on this board.   
              2                      The reason I came to Novi, it's a  
              3       great community.  It's built upon all the people in  
              4       this audience and we shouldn't forget it's also built  
              5       upon developers who are interested in coming into  
              6       this community and investing in it.  But I'm  
              7       adamantly opposed to any consideration of a change to  
              8       the Master Plan.  The Master Plan has served as a  
              9       document that's guidance, and there has been a lot of  
             10       reiteration of things about traffic.  I think the  
             11       most important thing the lack of utilization of  
             12       existing commercial development that would be  
             13       kitty-corner from this.   
             14                      And with all the energy that's in the  
             15       audience and the effort that's being put into this  
             16       meeting tonight, I'd like to see the City stick by  
             17       the Master Plan so the developers understand how  
             18       adamant the citizens are about what's already been 
 
             19       decided in a democratic forum, and that the energy  
             20       that's here tonight can be used to assist these  
             21       developers and get them where we need them, on  
             22       Grand River, where we've got some real needs.  And I  
             23       appreciate your consideration, and hopefully you will  
             24       deny the request to change the zoning.  Thank you.
 
                                                                        48
 
              1                      CHAIRPERSON NAGY:  Thank you, sir.     
              2                      Is there anyone else who would like to  
              3       address the Commission that has not spoken?  
              4                      Yes, sir.  If you would please come  
              5       forward, state your name and address, and spell it  
              6       for the court reporter.  
              7                      MR. McCARTHY:  Good evening.  My name  
              8       is Dick McCarthy, M-c-C-a-r-t-h-y.  I live at  
              9       23898 Broadmoor Park Lane, which is catty-corner to  
             10       the area in question.   
             11                      I agree with what everyone has said  
             12       but I am a business owner in Novi right now, and I'd  
             13       like to just present an idea that should be  
             14       considered.  If they were to build this mall, this  
             15       little strip mall, as a business owner I'm not sure  
             16       that I would want to participate in renting a place  
             17       because of the horrendous traffic problems.  At times  
             18       in the morning and the evening the traffic is backed  
             19       up about a half mile in each direction.  I know the  
             20       impact that it had on the one owner at Grand River  
             21       and Novi Road, the Oak and Pine Designs.  It  
             22       basically put them out of business because of the bad  
             23       traffic.   
             24                      But if I was to sit -- after the unit 
 
                                                                        49
 
              1       was built, and I was to sit there and look at the  
              2       traffic situation, there's no way I would rent one of  
              3       the units because no one could come and participate  
              4       in my business.  As a business person, I have to make  
              5       money and if no one can get in or get out, I'm not  
              6       going to make any money.  So if the unit was built,  
              7       we would just have a number of vacant properties just  
              8       like we have now across the street.  I don't really  
              9       think it's a good idea.  Thank you. 
             10                      CHAIRPERSON NAGY:  Thank you very  
             11       much.   
             12                      Is there anyone else that would like  
             13       to address the Commission?   
             14                      Seeing no one else, I will close the  
             15       audience participation.   
             16                      MR. EVANCOE:  Madam Chair?  
             17                      CHAIRPERSON NAGY:  Yes, sir? 
             18                      MR. EVANCOE:  With your permission,  
             19       Madam Chair, I'd like to address one point that I  
             20       think may need some clarification that's been raised  
             21       in the comments so far, just so the Commission is  
             22       aware as they proceed. 
             23                      CHAIRPERSON NAGY:  Yes, thank you,  
             24       Mr. Evancoe. 
 
                                                                        50
 
              1                      MR. EVANCOE:  Thank you.  I  
              2       appreciate that.   
              3                      There was reference, I believe, made  
              4       by the Petitioner that if the property were to remain  
              5       zoned R-1, Single Family, that only three lots could  
              6       be put there, and I think one of the audience members  
              7       also alluded to that statistic also.   
              8                      I've done just a very rough  
              9       calculation here, and what I'm finding is that you  
             10       can actually get, looks like perhaps seven lots, and  
             11       something in that vicinity on that property.  So it  
             12       is a little bit more developable, I believe, as  
             13       Single Family than what may have been indicated.   
             14                      CHAIRPERSON NAGY:  Thank you,  
             15       Mr. Evancoe.  I think the Commission really  
             16       appreciates that information.   
             17                      If there are no further comments, I'm  
             18       going to turn it over to the Commission.   
             19                      MEMBER MARKHAM:  We have  
             20       correspondence.   
             21                      CHAIRPERSON NAGY:  I'm sorry, I  
             22       apologize.  We have correspondence and the  
             23       Vice Chair, if you would read it, please.   
             24                      MEMBER MARKHAM:  We have lots of 
 
                                                                        51
 
              1       correspondence tonight.  I'm going to try and hit the  
              2       highlights of all of these letters, and not read  
              3       complete texts for the sake of time.   
              4                      The first letter is from the  
              5       Roma Ridge Homeowners Association, Mr. Patrick  
              6       Ramsey.  And he spoke tonight and covered his four  
              7       points of the fact that the commercial center across  
              8       the street is half vacant, that commercial  
              9       development should be on the Grand River corridor,  
             10       that traffic will be an issue, and that the visual  
             11       impact is not a positive thing if the commercial  
             12       development goes in.  
             13                      The next letter is from Richard and  
             14       Margaret Sayles, 45785 Willingham Drive.  We are  
             15       writing to request that the Commission not approve  
             16       the proposed change of this property from Single  
             17       Family to Community Commercial.  We've lived in  
             18       Wesmont Village for seven years.  We've noticed  
             19       almost constant vacancies in the CVS shopping center  
             20       located in the northeast corner.   
             21                      The next letter is from Gilmer,  
             22       22616 Summer Lane, Novi.  We, the homeowners in  
             23       Autumn Park, are against the primary zone for  
             24       commercial development within the western section of 
 
                                                                        52
 
              1       Novi.  Please advise.  Thank you.  
              2                      The next letter is from Alan Kennedy,  
              3       47183 Sunnybrook Lane, expressing strong objection to  
              4       proposal to rezone the property.  I do not know the  
              5       criteria by which the Planning Commission makes such  
              6       decisions, but it would seem to me the first would be  
              7       whether the area residents need another commercial  
              8       establishment.  The clear answer to this is no, we do  
              9       not need another gas station, fast food outlet, strip  
             10       mall, Home Depot.  We do not need additional traffic,  
             11       or visual degradation that this would bring.  And I  
             12       believe this will decrease our property values. 
             13                      The next one is from Enamul and  
             14       Sultana Haque, H-a-q-u-e, 47553 Greenwich Drive,  
             15       Novi, expressing strong opposition to the proposal to  
             16       rezone.  We strongly feel the present owner can make  
             17       a substantial profit by utilizing this property for  
             18       residential use.  This property is surrounded by  
             19       subdivisions and using it for commercial will not  
             20       only make all these subdivisions unsafe, but  
             21       dramatically reduce the property values.   
             22                      The next letter is from, I believe  
             23       it's George Odmmen, O-d-m-m-e-n.  I strongly oppose  
             24       any business or condominium development on this 
 
                                                                        53
 
              1       property.  Development should proceed only for the  
              2       current zoning.  We will not hesitate to drag this  
              3       issue to any length if this property is rezoned.  
              4                      The next letter is from Richard  
              5       Meyer, 47506 Greenwich Drive.  I am unable to attend  
              6       the public hearing, however I would like to express  
              7       my opposition to this proposal as a homeowner in  
              8       Greenwood Oaks.  I feel rezoning would adversely  
              9       affect the property values, not to mention adding  
             10       traffic. 
             11                      The next two letters are from  
             12       James Edwards and Denise Edwards, 23880 Forest Park  
             13       Drive, Novi.  I understand there's a rezoning.  When  
             14       I moved to Novi a year and a half ago, I moved to  
             15       this area specifically because of the residential  
             16       country atmosphere.  I formerly lived in Westland who  
             17       allowed new strip malls to be built without first  
             18       filling the older vacant ones.  Livonia, too, where I  
             19       just moved from had the same problem.  If you drive  
             20       around Novi, in just the year and a half we have  
             21       lived there there have become many vacant stores that  
             22       need to be filled, not only to beautify, but to  
             23       increase the reputation of what Novi is not known  
             24       for.
 
                                                                        54
 
              1                      The next letter is from Lynne and  
              2       Frank Shipp.  There's no address.  They say they are  
              3       residents of the Roma Ridge Subdivision.  Another  
              4       commercial development is not needed there.  Nor do  
              5       we think it would be economically profitable adding  
              6       additional blight to that corner with vacated  
              7       buildings.  It would add congestion and greatly  
              8       decrease the residential appeal of that area.   
              9                      The next letter is from Richard E.  
             10       Copp, C-o-p-p.  24438 Redwing Drive, Novi.  Please  
             11       leave this area as a residential area.  The area at  
             12       the intersection is already under used with only CVS  
             13       staying in business.  We don't need more empty  
             14       businesses or empty buildings.  
             15                      The next letter is from Douglas Gee  
             16       and Barbara Gee, G-e-e.  We reside in Broadmoor Park  
             17       Subdivision located at Ten Mile and Beck.  Additional  
             18       commercial property at this location is totally  
             19       unnecessary.  Grand River has been designated as a  
             20       primary zone and developing this corner within the  
             21       heart of the residential is inconsistent with that  
             22       direction.   
             23                      The next letter is from Megan Lilly, 
 
             24       25258 Buckminister Drive.  In the past years Novi has 
 
                                                                        55
 
              1       been beautiful with many aspects of nature such as  
              2       trees and meadows, but now if someone were to drive  
              3       through Novi, all they would see would be the  
              4       construction of more subdivisions and commercial  
              5       buildings.  When construction of commercial buildings  
              6       continue, older buildings are being emptied and left 
 
              7       vacant -- she cites Novi Town Center and Fountain  
              8       Walk and Twelve Oaks Mall as an example.  Even with  
              9       all of the shopping options, someone could still have  
             10       a hard time finding a specific item.  
             11                      An option in replacing building,  
             12       commercial buildings, would be to build something  
             13       that Novi does not yet have.  There are no museums in  
             14       the area that someone could go to, why not work on a  
             15       museum.  Also there are no nice parks so people could  
             16       sit and stop to talk, visit with friends or let their  
             17       children play outside.  
             18                      The next letter is from Jodi  
             19       Emmenecker, E-m-m-e-n-e-c-k-e-r, 24481 Redwing Drive.   
             20       13-year resident of Briarwood.  The center that  
             21       exists at Ten Mile and Beck has never been full.  As  
             22       a matter of fact, it has dwindled to just a couple of  
             23       open stores.  I didn't build this far out to be  
             24       surrounded by commercial property.  Don't mess with 
 
                                                                        56
 
              1       that.  
              2                      The next letter is from Greg and  
              3       Paula Buran, 22502 Autumn Park Boulevard.  We were  
              4       recently made aware of the proposed rezoning.  We  
              5       vehemently oppose any commercial development.  We  
              6       have ample vacant commercial space at Main Street,  
              7       Grand River corridor, and across from the proposed  
              8       site in the CVS strip mall.  
              9                      The next letter is from Jim Krystoff,  
             10       K-r-y-s-t-o-f-f, 47631 Greenwich Drive.  First of  
             11       all, what has been the developers' effort to date in  
             12       developing the parcel as zoned, if they bought it  
             13       knowing it was R-1, they must have had some plans for  
             14       developing it in that manner, otherwise why would  
             15       they have bought it?  To claim economic and/or  
             16       physical infeasibility now leads me to someone didn't  
             17       do his or her homework upfront.  I have to question  
             18       claims that more convenient store space is needed in  
             19       the area.   
             20                      The next letter is from Jeremy W.  
             21       Holt, H-o-l-t.  Lived here for 13 years.  No address.   
             22       Cites five points -- five practical issues.  It will  
             23       create further danger at a busy intersection.  Create  
             24       more retail space in an area where space is 50 
 
                                                                        57
 
              1       percent utilized.  Add to the Ten Mile and Beck  
              2       congestion.  Detract from the intended commercial  
              3       corridor on Grand River, and create community safety  
              4       issues.  We should not allow the visual appeal and  
              5       safety of this community to be diminished.   
              6                      And that is all of the letters.   
              7                      CHAIRPERSON NAGY:  Thank you very  
              8       much.   
              9                      And now I will turn this over to the  
             10       Commission for discussion.   
             11                      MR. SCHMITT:  Madam Chair, if I may  
             12       interrupt for a moment.   
             13                      CHAIRPERSON NAGY:  Yes, Mr. Schmitt.    
             14                      MR. SCHMITT:  Due to the amount of  
             15       traffic discussion that has occurred tonight, we have  
             16       our City Engineer here this evening, and she would  
             17       like to discuss some of the improvements that are  
             18       going on in the area.  
             19                      CHAIRPERSON NAGY:  Thank you,  
             20       Ms. McClain. 
             21                      MS. McCLAIN:  Just for your  
             22       information, in October the City Council approved a  
             23       change order to an existing contract so that we can  
             24       do some work at Beck Road.  Part of that you already 
 
                                                                        58
 
              1       see out there, that's the right turn lane that has  
              2       been added.   
              3                      In addition, signal improvements have  
              4       been designed and they are -- I should say, getting  
              5       the equipment and getting ready to do the  
              6       installation of individual left turn heads for that  
              7       intersection.   
              8                      So there will be some assistance for  
              9       the residents there.  And it should be completed by  
             10       spring, unless the winter continues as it has for the  
             11       past couple of days.  So there will be some work on  
             12       the traffic.                     
             13                      Additional improvements to that  
             14       intersection will require additional right-of-way.   
             15       As money becomes available through the City budget  
             16       and as any proposals come for those three properties,  
             17       we will be able to get that additional right-of-way  
             18       and do additional improvements at that intersection. 
             19                      CHAIRPERSON NAGY:  Thank you very  
             20       much.  That was very useful information.  
             21                      Does anyone else have anything from  
             22       the Department?   
             23                      MR. EVANCOE:  No, Madam Chair.  We are  
             24       waiting for your comments.  Thanks.
 
                                                                        59
 
              1                      CHAIRPERSON NAGY:  Thank you very  
              2       much.   
              3                      With that, I'll turn it over to the  
              4       Commission.  Mr. Ruyle.   
              5                      MEMBER RUYLE:  Sir, would you come to  
              6       the podium?   
              7                      CHAIRPERSON NAGY:  Excuse me.  Could  
              8       you identify yourself; is it Mr. Ryan?  
              9                      MR. SABLE:  No.  It's Richard Sable.   
             10                      CHAIRPERSON NAGY:  I'm sorry. 
             11                      MEMBER RUYLE:  Mr. Sable, when you  
             12       first came to the subcommittee, which ended up in a 2  
             13       to 2 vote -- 2 to go forward, 2 to deny -- I asked  
             14       you at that time, because I serve on that committee,  
             15       what were you planning on putting there.  And I also  
             16       very strongly suggested not a strip mall.   
             17                      Have you got an answer to that  
             18       question? 
             19                      CHAIRPERSON NAGY:  Sir, you have to  
             20       come to the podium.   
             21                      MR. SABLE:  This is one of the  
             22       members of the Aspen Group.  I have brought him here.   
             23                      MR. GOLWICK:  My name is David Golwick  
             24       (phonetic).  I'm here on behalf the Aspen Group.  I 
 
                                                                        60
 
              1       wasn't necessarily prepared to discuss what our uses  
              2       were on the property, I know that was part of this  
              3       forum.  But having been asked, the mention has been  
              4       over and over about a strip mall.  Really is not  
              5       really our intention.  First of all, after you net  
              6       out right-of-way on that parcel, it's a three-acre  
              7       parcel.  It was not in our intention ever to design  
              8       it as a strip mall that's been mentioned, it would be  
              9       a one or two user property, and depending, you know,  
             10       if someone was to look at the permitted uses within  
             11       the B-1 district, some of those included office uses  
             12       as well.   
             13                      The corner would be well served as a  
             14       bank or a medical use to serve Providence Hospital  
             15       which is within two miles of the property.  So I just  
             16       wanted, I guess since I've been asked, to let it be  
             17       known that a, quote-unquote, strip mall has been  
             18       comparing our property to what's going on at  
             19       Briarwood is really not a fair comparison and a grave  
             20       assumption.  
             21                      MR. SABLE:  I guess to continue with  
             22       that, Mr. Ruyle, is -- as you are well aware and I'm  
             23       sure I don't have to indicate, that a zoning request  
             24       it's difficult to say, here is our proposed use, 
 
                                                                        61
 
              1       because technically if you were to approve it, we're  
              2       authorized to build, you know, what's ever authorized  
              3       under the zoning classification.   
              4                      But as a practical matter what happens  
              5       when you look at the site, it's not really feasible  
              6       to turn around and say that we'd be putting a strip  
              7       center in here.  There's other uses, freestanding  
              8       buildings.  That's why I listed the uses in there.   
              9       And really, the overall intent is for a couple of  
             10       freestanding buildings, that if we were involved in a  
             11       planning situation that you'd have plenty of  
             12       provisions in the ordinances for setbacks,  green  
             13       belts, architectural detail and design standards,  
             14       that really can make something that's beneficial.   
             15                      And I guess the reason I wanted to  
             16       have one of the members of the Aspen Group appear and  
             17       just mention to you, no, their intention is not to  
             18       really build a strip center here.  Obviously, when  
             19       you're looking at that, and we can't make the thing  
             20       called contract zoning. 
             21                      CHAIRPERSON NAGY:  Can you speak up? 
             22                      MR. SABLE:  Contract zoning is not  
             23       something that we can propose here.   
             24                      So our intent has not been to build a 
 
                                                                        62
 
              1       strip center, our intent is to have a couple of  
              2       freestanding buildings and freestanding buildings are  
              3       uses that are authorized under our proposed  
              4       rezoning.  Thanks.   
              5                      MEMBER RUYLE:  Thank you, sir.   
              6                      In going over what I've heard  
              7       tonight, and correct me, Madam Secretary or Madam  
              8       Vice Chair, we have 14 negative comments in the  
              9       audience and 16 negative comments from letters.   
             10                      MEMBER MARKHAM:  I didn't count.  
             11                      MEMBER SHROYER:  I have 30 total.   
             12                      MEMBER RUYLE:  30 total.  I didn't  
             13       hear one positive recommendation from any of the  
             14       citizens in Novi.  And without an agreement from the  
             15       Petitioner that we would not have a strip mall or  
             16       something of that nature in that area, I would be  
             17       voting not to change the Master Plan.  Thank you.  
             18                      CHAIRPERSON NAGY:  Thank you,  
             19       Mr. Ruyle.   
             20                      Mr. Avdoulos?   
             21                      MEMBER AVDOULOS:  I guess nothing has  
             22       been left unturned, based on the comments of our  
             23       residents.   
             24                      I live about two miles from the 
 
                                                                        63
 
              1       proposed site.  My personnel commercial needs are  
              2       met.  I guess meeting commercial needs can be a  
              3       perceived statement.  I didn't receive any kind of  
              4       market study.  I was never asked if everything around  
              5       me is satisfying our family needs.  The Beck  
              6       corridor, I think, acts as it should.  At Beck and  
              7       M-14 we have a big commercial development there.  At  
              8       Grand River and Beck we have another commercial  
              9       development there.  And then we have a nice little  
             10       gas station at Seven Mile and Beck, and then we have  
             11       our CVS and our dry cleaning at Ten Mile and Beck.     
             12                      When Home Depot opened up at  
             13       Grand River, I was overcome with joy.  My wife liked  
             14       the Kroger's better, and then I was bookended by  
             15       another Home Depot at Five Mile and Beck, and I was  
             16       even more pleased.  I guess the only thing I would be  
             17       looking for in that area around Ten Mile and Beck  
             18       would be a good pizza place, which could be  
             19       accommodated in the vacant spaces.   
             20                      But I do tend to agree with all the  
             21       comments that residents have made.  I cannot support  
             22       a change or an amendment to the Master Plan.  I think  
             23       we should leave it as is, and keep the character of  
             24       Beck Road residential, as it is now.  Thank you, 
 
                                                                        64
 
              1       Madam Chair.   
              2                      CHAIRPERSON NAGY:  Thank you.           
              3                      Commissioner Paul.   
              4                      MEMBER PAUL:  I asked Glenn Lemmon,  
              5       our City Assessor, what some of the homes in  
              6       Broadmoor Park on Baker Street, Trafalgar, if I said  
              7       it correctly, and Tottenham are worth, and there is a  
              8       sale list and I have those listed.  These all abut  
              9       Beck Road and there's eleven homes here, all are  
             10       between the range of $379,000, which is the lowest,  
             11       all the way up to 525 -- I'm sorry, $560,000.  With  
             12       that, it's hard for me to understand, since these  
             13       abut Beck Road, that any of the sites that are zoned  
             14       residential on the corner of Beck and Ten Mile would  
             15       not be viable for residential.  Therefore, I don't  
             16       see a hardship.   
             17                      I did a small retail vacancy survey of  
             18       my own on Ten and Beck, Briar Ridge, that is vacant.   
             19       Ten and Novi Road, Pine Ridge has some vacancies.   
             20       Grand River and Novi Road, the Antique Pine Design is  
             21       empty.  Grand River and Novi Road on the southwest  
             22       corner has some vacancies.  Town Center, West Oaks,  
             23       Beck and Grand River at Providence Park, Main Street,  
             24       Vic's and LaTouche.  In that one and a half mile 
 
                                                                        65
 
              1       radius, there are many vacancies.  And I have not  
              2       heard any compelling reason why we should zone  
              3       anything else as B-1 in the area of Beck and Ten  
              4       Mile, since these are in the same market retail  
              5       areas.   
              6                      Therefore I'm prepared to make a  
              7       motion:  In the matter of Aspen Group/Beck LLC,  
              8       Master Plan Amendment to amend the City of Novi  
              9       Master Plan for land use, to designate the four-acre  
             10       property located in Section 29 on the southwest  
             11       corner of Ten Mile and Beck Road from Single Family  
             12       Residential to Local Commercial.   
             13                      Motion to deny the Aspen Group/Beck  
             14       LLC Master Plan Amendment for the following reasons:  
             15       This request is premature due to all the current  
             16       vacancies in very close proximity in the same retail  
             17       market.  The many citizens who are in close proximity  
             18       to the site brought their property -- bought their  
             19       property, excuse me, with the knowledge of the Master  
             20       Plan being zoned Residential.  Residential is very  
             21       viable on Beck Road.  Traffic concerns are many at  
             22       the intersection of Ten Mile and Beck Road.   
             23       Therefore, health and safety are in jeopardy in the  
             24       site and this would be zoned Commercial which would 
 
                                                                        66
 
              1       increase traffic volume, and would therefore lead to  
              2       more unsafe travel on Beck and Ten Mile.  Thank you.  
              3                      CHAIRPERSON NAGY:  Can we have a  
              4       second to that motion?   
              5                      MEMBER PAPP:  I'll second it.  
              6                      CHAIRPERSON NAGY:  Mr. Papp seconded  
              7       the motion.   
              8                      Do you have any further discussion?   
              9                      Member Shroyer.   
             10                      MEMBER SHROYER:  Thank you, Madam  
             11       Chair.   
             12                      Just a couple of points in  
             13       clarification.  This will go to the City, please.   
             14                      Mr. Evancoe, or a member of your  
             15       staff.  The Applicant indicated it was a three-acre  
             16       parcel, and our records show it's a four-acre parcel.  
             17                      MR. SCHMITT:  It's actually a  
             18       four-acre parcel.  I believe the Applicant stated  
             19       that after the right-of-way was parceled out, it  
             20       would be more like a three-acre parcel.  But as of  
             21       this time, it is a four-acre parcel.  
 
             22                      MEMBER SHROYER:  Okay, thank you.   
             23       And what other properties in Novi are similar in size  
             24       and also zoned B-1?  
 
                                                                        67
 
              1                      MR. SCHMITT:  The Walgreen's at  
              2       Ten Mile and Novi Road, while not being zoned the 
 
              3       same, is virtually -- would be the exact same size  
              4       after the right-of-way is taken out.  And we probably  
              5       have the exact same type of development.   
              6                      The Briarwood Plaza Shopping Center is  
              7       a similar size, a slightly larger parcel, I believe.  
              8       And further down Ten Mile Road at Meadowbrook and  
              9       Ten Mile, is a similar B-1 designation, although the  
             10       parcels are slightly larger. 
             11                      MEMBER SHROYER:  Okay.  Thank you.   
             12                      Member Ruyle had asked concerning what  
             13       type of building was going to be built or buildings,  
             14       because in the Applicant's discussion he did indicate  
             15       that they were looking at high quality, quote- 
             16       unquote.  I think that was answered appropriately.   
             17                      I will mention that I am not totally  
             18       opposed to a medical office or a bank, and I'm a  
             19       hundred percent opposed to any type of strip mall or  
             20       commercial property along that line.   
             21                      I am very, very, concerned right now  
             22       that we have not had an opportunity to review the  
             23       current Master Plan for the entire City and this  
             24       major corridor of Beck and Ten Mile.  Consequently, 
 
                                                                        68
 
              1       down the road, I can see the possibility of a  
              2       change.  But right now, until things have changed, I  
              3       have to agree with the citizens that have come out in  
              4       force, and with the letters that have come forth,  
              5       indicating that at least now it is not the time to  
              6       consider anything other than residential.   
              7                      So for those reasons alone, I'm going  
              8       to be supporting the motion that was made.   
              9                      Thank you, Madam Chair. 
             10                      CHAIRPERSON NAGY:  Thank you.          
             11                      Commissioner Markham.  
             12                      MEMBER MARKHAM:  I first would like  
             13       to make a distinction so that everybody is clear on  
             14       what we're talking about tonight.  We're talking  
             15       about a Master Plan amendment and not a zoning  
             16       change.  The zoning change would come later, if the  
             17       Master Plan were amended.  So just so everybody knows  
             18       that's the process.   
             19                      One concern I have with what the  
             20       Petitioner said was that they do plan -- if they did  
             21       get their Master Plan change and their rezoning is  
             22       approved, that they would put something like a bank  
             23       or an office on this piece of property.  But if it  
             24       were rezoned to B-1, Local Business, there are a lot 
 
                                                                        69
 
              1       of other things that would be allowed there, and  
              2       things such as groceries, baked goods, dry cleaners,  
              3       you know, lots of similar things to what are  
              4       currently in the development kitty-corner, and  
              5       there's nothing after the City, if it were to make  
              6       those changes, that would prevent this developer from  
              7       selling to someone else who might actually build a  
              8       strip mall on that corner.  So I'm very reluctant to  
              9       support a change at this time.   
             10                      I was on the Planning Commission when  
             11       Kroger tried to come into the northwest corner, about  
             12       four or five years ago, and I'm really happy to see  
             13       that we held our ground and did strengthen the  
             14       commercial corridor on Grand River and the needs are  
             15       now met there that weren't when I first moved into  
             16       this part of the town.   
             17                      So I will be supporting the motion to  
             18       deny, and those are my reasons.  Thank you.   
             19                      CHAIRPERSON NAGY:  Commissioner Papp.  
             20                      MEMBER PAPP:  I just want to go back  
             21       to the Citizens' Perception Survey that was presented  
             22       to the Planning Commission on August 7.  The survey  
             23       clearly stated that the results -- I'm sorry, that  
             24       the location of shopping in Novi satisfies their 
 
                                                                        70
 
              1       needs.  3.4 rating out of 4.0.  That's the citizens  
              2       telling us no more shopping centers, and really  
              3       putting the point across in the survey.  Therefore, I  
              4       will be supporting the motion. 
              5                      CHAIRPERSON NAGY:  Thank you.   
              6                      Do we have any further comments?   
              7                      Mr. Sprague.   
              8                      MEMBER SPRAGUE:  Thank you, Madam  
              9       Chair.   
             10                      I just wanted to weigh in.  Really, as  
             11       far as Master Plan amendments go, I'm not a strong  
             12       proponent of amending the Plan on a routine basis.   
             13       The criteria applied to any change, is whether it  
             14       fundamentally changes what we're trying to do with  
             15       that property?  And if it does, is it a significant  
             16       improvement over what we currently have.  
             17                      I think in this case, it does  
             18       fundamentally change it but I think as we've heard  
             19       from the residents, nobody believes that it's  
             20       significant and positive for the City, and I would  
             21       concur with that.  So I would be in support of the  
             22       motion.   
             23                      CHAIRPERSON NAGY:  Thank you.   
             24                      Mr. Ruyle.
 
                                                                        71
 
              1                      MEMBER RUYLE:  Thank you, Madam Chair.  
              2                      To jump on Commissioner Markham's  
              3       comments, I want to make it clear to the citizens  
              4       that the Master Plan is a living, breathing,  
              5       document.  It's not something that is carved in  
              6       stone.  And when it is conducive to the City to  
              7       change the Master Plan, then by all means we should  
              8       change the Master Plan.  This does not mean that this  
              9       particular parcel should be changed.   
             10                      We've got to remember that the Master  
             11       Plan is a document that guides us.  Not anything else  
             12       other than that.  And that's why we have one, to make  
             13       sure we do it right for you as citizens.   
             14                      Thank you, Madam Chair. 
             15                      CHAIRPERSON NAGY:  Thank you.   
             16                      Does anyone else have any comments?     
             17                      I'd just like to put my comments on  
             18       the record.   
             19                      I am a member of the Master Plan and  
             20       Zoning Committee.  I did not support the Master Plan  
             21       Amendment at the committee level, even though it was  
             22       a 2-2 vote.   
             23                      At the present time, I feel that we  
             24       have to -- first and foremost, we are obligated to 
 
                                                                        72
 
              1       oversee the health, safety, and welfare of our  
              2       residents and those that work and have businesses  
              3       within our city.  I feel that we must keep the  
              4       integrity of the Master Plan intact.  I will be  
              5       supporting the motion.   
              6                      And I also want to say I appreciate  
              7       the Applicant coming in, and all the members of the  
              8       audience and everyone who participated.   
              9                      And with that, I'd like to call the  
             10       roll, Mr. Schmitt.   
             11                      MR. SCHMITT:  Mr. Avdoulos?   
             12                      MEMBER AVDOULOS:  Yes. 
             13                      MR. SCHMITT:  Commissioner Markham? 
             14                      MEMBER MARKHAM:  Yes. 
             15                      MR. SCHMITT:  Commissioner Nagy? 
             16                      CHAIRPERSON NAGY:  Yes. 
             17                      MR. SCHMITT:  Commissioner Papp? 
             18                      MEMBER PAPP:  Yes.                     
             19                      MR. SCHMITT:  Commissioner Paul? 
             20                      MEMBER PAUL:  Yes. 
             21                      MR. SCHMITT:  Commissioner Ruyle? 
             22                      MEMBER RUYLE:  Yes. 
             23                      MR. SCHMITT:  Commissioner Shroyer:    
             24                      MEMBER SHROYER:  Yes.
 
                                                                        73
 
              1                      MR. SCHMITT:  Commissioner Sprague:  
              2                      MEMBER SPRAGUE:  Yes.   
              3                      MR. SCHMITT:  Motion passes 8 to 0.     
              4                      CHAIRPERSON NAGY:  Thank you very  
              5       much.   
              6                      At this point, the Commission will  
              7       take a break for 15 minutes.   
              8                                (A brief recess was taken.) 
              9                      CHAIRPERSON NAGY:  I'd like to call  
             10       the meeting back to order, please. 
             11                      Thank you.  
             12 PUBLIC HEARINGS 
             13 MASTER PLAN AMENDMENT - SEIGAL TUOMAALA ASSOCIATES 
             14                      CHAIRPERSON NAGY:  The next item on  
             15       our Agenda is the Master Plan Amendment Public  
             16       Hearing on the request of Leonard G. Seigal of Seigal  
             17       Tuomaala Associates, Architects, and Planners, to  
             18       amend the Master Plan from Single Family Residential  
             19       to Multiple Family.   
             20                      The subject property is located in  
             21       Section 1, north of Thirteen Mile Road and west of  
             22       the M-5 connector.  The subject property is  
             23       approximately 61.5 acres.                     
             24                      Mr. Schmitt. 
 
                                                                        74
 
              1                      MR. SCHMITT:  Thank you, Madam Chair.   
              2               MEMBER RUYLE:  Excuse me, Madam Chair.  
              3                      CHAIRPERSON NAGY:  Oh, I apologize,  
              4       Mr. Ruyle.  
              5                      MEMBER RUYLE:  Yes, Madam Chair.  For  
              6       matters already stated on the record, I ask to be  
              7       recused from this matter.   
              8                      CHAIRPERSON NAGY:  Thank you very  
              9       much.  
             10                      MR. SCHMITT:  Thank you, Madam Chair.   
             11                      The request before you this evening is  
             12       for the rear half of the Brightmoor Christian Church  
             13       parcel located at the corner of Thirteen Mile and the  
             14       M-5 connector.  As you can see here, this is the  
             15       entire parcel.  It's currently designated Single  
             16       Family.  Has density of 1.65 units per acre.  As you  
             17       can see to the west, there's a PD-1 option, Multiple  
             18       Family Development.  That is the Erickson Retirement  
             19       Community Development that is currently under  
             20       development.  To the north is the Maple's PUD, a  
             21       quasi neighborhood park serving the Haverhill Farms  
             22       Subdivision, and a vacant long and narrow piece that  
             23       has previously been in front of the Commission for  
             24       other developments, and it's currently vacant.    
 
                                                                        75
 
              1                      In terms of the overall corridor, once  
              2       again this is the subject parcel.  This is a mobile  
              3       home park further to the west.  As you can see  
              4       Erickson is currently under development, and to the  
              5       south you have multiple single family homes along  
              6       Thirteen Mile Road.   
              7                      The request this evening as was  
              8       mentioned is to redesignate this parcel from Single  
              9       Family Residential to Multiple Family Residential. At 
 
             10       the Master Plan Zoning Subcommittee meeting on  
             11       October 21, a recommendation was forwarded to the  
             12       full Planning Commission that the property be  
             13       redesignated to Multiple Family Residential with the  
             14       intent of developing -- with the intent of producing  
             15       a Development Agreement at the time of rezoning.     
             16                      As I mentioned, the Development  
             17       Agreement would be done at the time of the rezoning.  
             18       There would be input from staff, the Planning  
             19       Commission, and City Council on the terms of that  
             20       Development Agreement, along with the assistance of  
             21       the developer.  However, at this time, no document  
             22       has been produced or authorized by the City Council,  
             23       so there's no need to worry about that yet.  
             24                      In terms of the character of corridor, 
 
                                                                        76
 
              1       it's decidedly dense in nature, to be honest.  The  
              2       Multiple Family development, Erickson is a very large  
              3       dense development, although it doesn't have the same  
              4       impact as a normal Multiple Family development.  The  
              5       mobile home park is fairly dense, and the single  
              6       family residential in the area is developed at  
              7       densities of 2.0 and 1.65 units per acre.   
              8                      As part of the Development Agreement,  
              9       the Applicant and the Master Plan Zoning Committee  
             10       agreed that the development will not exceed 200  
             11       units.  These units would be in the form of duplexes  
             12       which will be built on the site.   
             13                      The overall reason for the Multiple  
             14       Family designation is because the Applicant is  
             15       wishing to develop a two-family development. Normally  
             16       you would go with the RT zoning, however as recently  
             17       indicated in the Trilium Village discussion, lot  
             18       lines are required in an RT development.  The  
             19       Applicant has indicated they would like to develop  
             20       without lot lines, which is how he's done it  
             21       previously in the past.  And, therefore, we have  
             22       chosen as a staff and with the developer's input, to  
             23       go with the Multiple Family development and develop  
             24       the Development Agreement, to provide for the 
 
                                                                        77
 
              1       necessary setbacks, height restrictions and density  
              2       limitations.   
              3                      You've been given a copy of the  
              4       conceptual plan that we're currently working off of  
              5       with the developer.  As you can see, there's a large  
              6       amount of woodlands and wetlands on the site.  The  
              7       developer has kept this in mind throughout the  
              8       process and firmly intends on protecting as much of  
              9       that area as possible.  However, those effects will  
             10       be looked at at the time of site plan and mitigated  
             11       thusly at that time.   
             12                      In conclusion, the overall character  
             13       of the area is fairly residential.  There's a large 
 
             14       amount of residential development in the area and  
             15       given that this development will occur behind the  
             16       Brightmoor Christian Church parcel, it will not have  
             17       an overall impact on the feeling of the area, the  
             18       character.   
             19                      The traffic impact will be looked at 
 
             20       at the time of rezoning.  However, it can be expected  
             21       that approximately 200 units of apartments, which is  
             22       currently how we've looked at this, will produce  
             23       approximately 1300 weekday trips.  Obviously, that  
             24       will change as the number of units changes and we get 
 
                                                                        78
 
              1       more firmly intact into the two-family designation.    
              2                      And finally, it should be noted that  
              3       the property currently has no taxable value to the  
              4       City, given that it is developed as a church.  This  
              5       proposal will bring the rear 61 acres of the parcel  
              6       back onto the City tax rolls, producing taxable  
              7       income once again for the City.   
              8                      It is the staff's recommendation that 
 
              9       this Master Plan amendment be approved with the  
             10       contingency that a Development Agreement will be  
             11       produced at the time of rezoning.  The Applicant has  
             12       worked with the Master Plan Zoning Committee and the  
             13       staff to iron out some of the initial details of  
             14       this, and further details will be dealt with later.  
             15       However, at this time, the Master Plan Amendment  
             16       would be an appropriate step towards future  
             17       development.  Thank you. 
             18                      CHAIRPERSON NAGY:  Thank you.   
             19                      Does the Applicant have anything that  
             20       they would like to address the Commission with?  
             21                      Please state your name and spell it  
             22       for the court reporter.    
             23                      PASTOR FOLINO:  Yes.  Thank you.  
 
             24                      My name is Pastor Thomas Folino, F as 
 
                                                                        79
 
              1       in Frank, -o-l-i-n-o.  I am the Business  
              2       Administrator and Chief Financial Officer of  
              3       Brightmoor Christian Church, Franklin Road Christian  
              4       School.   
              5                      In 19 -- or in 2001, we moved into the  
              6       facility.  It's the church on the hill on the corner  
              7       of M-5 and Thirteen Mile.  We have a 101-acre  
              8       parcel.  Approximately 40 of it has always been the  
              9       intention of the church to use it for the  
             10       ecclesiastical purposes and education purposes that  
             11       we currently have.  It's always been the intention of  
             12       our congregation to somehow develop the northern part  
             13       of the property in a manner that would be beneficial  
             14       to the community and citizens, beneficial to the  
             15       City, and beneficial to the church.   
             16                      As you all know, the Thirteen Mile  
             17       corridor has significantly changed in its development  
             18       dynamics based on what's happening at the Erickson  
             19       property.  So over the course of the last 15 months,  
             20       we have diligently examined what would be the best  
             21       use of this property given the surrounding  
             22       conditions.   
             23                      We've examined everything from Single  
             24       Family Residential, which it's currently zoned at, 
 
                                                                        80
 
              1       all the way up to some intense use Multifamily, to  
              2       the level of 450 to 500 apartments Multifamily  
              3       dwelling.  And in our desire to be a good citizen,  
              4       and in our desire to partner in with the community to  
              5       do what we feel is in the best interest of not only  
              6       the church, and the community itself, we've searched  
              7       diligently developers in the area, because being a  
              8       church we're not a developer, but we wanted to  
              9       partner in with a developer that would come into  
             10       agreement with our vision for what's going to  
             11       happen.  We also have a desire to serve our senior 
 
             12       citizens and our constituency in our church, and this  
             13       developer is sympathetic to that.   
             14                      So what we're proposing is a Master  
             15       Plan Amendment that would be the first phase in us  
             16       developing the type of development that we feel is in  
             17       the best interests of the City, best interests of the  
             18       citizens, and best interests of the church.  That  
             19       developer is PT Commerce and representing them is  
             20       Mr. Jim Galbraith and Mr. Mark Kasab (phonetic).  The  
             21       church has entered into a Development Agreement with  
             22       them conditional as to what happens here, and of  
             23       course the City Council, relative to Master Plan  
             24       Amendment and site development and rezoning.  
 
                                                                        81
 
              1                      So in order to explain the development  
              2       to you, I'd like to introduce to you Mr. Jim  
              3       Galbraith.  Thank you.  
              4                      MR. GALBRAITH:  Thank you, Tom.   
              5                      CHAIRPERSON NAGY:  If you could,  
              6       please spell your name, last name for the court  
              7       reporter.   
              8                      MR. GALBRAITH:  Yes.  My name is Jim  
              9       Galbraith.  It's G-a-l-b-r-a-i-t-h.  My office is in  
             10       Farmington Hills, Michigan.   
             11                      And I don't know that I have a great  
             12       deal more to say from what both staff and Pastor Tom  
             13       have said this evening.  I will indicate to you and  
             14       affirm to you that we have entered into a Development  
             15       Agreement with the Brightmoor Church, to develop what  
             16       we refer to as the residual 60 acres of the site.   
             17                      We have worked over the course of the  
             18       late summer months and fall with the Master Plan  
             19       Amendment Committee, having met in review sessions on  
             20       a number of occasions, and have come forth with a  
             21       conceptual plan at this stage, which we believe  
             22       recognizes the environmental characteristics of the  
             23       site, which are quite significant.   
             24                      We have done a woodlands inventory and 
 
                                                                        82
 
              1       a wetlands inventory, and in your packets you'll see  
              2       a conceptual plan that has attempted, at this level  
              3       and stage of refinement, to respect those, staying  
              4       out of those areas in terms of the development core  
              5       of the property, and developing primarily the upland  
              6       meadow areas of the site.  We would be preserving the  
              7       wetland core and the woodland core in the northwest  
              8       portion of the site up against the Erickson parcel.   
              9                      We believe that a Master Plan  
             10       Amendment to Multifamily is appropriate, if not  
             11       compelling, because of the relationship of the  
             12       residual property to the M-5 Connector, which it  
             13       abuts immediately to the east.  The Erickson  
             14       property, which it abuts to the west, the other  
             15       density characteristics in the area.  We also have a  
             16       wonderful natural buffer in transition to the  
             17       Haverhill Single Family Development.  It's really  
             18       contained on their property, it's not contained so  
             19       much on the Brightmoor property, but it's a  
             20       continuation of that wetland/woodland system that is  
             21       common to the  Erickson piece, the Brightmoor piece  
             22       and the Haverhill property.   
             23                      I don't have a great deal more to say  
             24       than that.  I would be happy to answer any questions 
 
                                                                        83
 
              1       you might have.  What we're hoping to do here if the  
              2       Planning Commission sees fit to recommend an  
              3       Amendment to the Master Plan, is to then come forth  
              4       with a rezoning request, a Development Agreement to  
              5       develop the community into 200 duplex condominiums.  
              6       They're essentially attached single family units of  
              7       approximately 1500 square feet.   
              8                      We've had a great deal of experience  
              9       in developing this product throughout Oakland County,  
             10       and we believe that it would be a real asset to the  
             11       community in terms of offering an additional element  
             12       to the housing product lines, and would be a real  
             13       asset to the Brightmoor Church congregates, who might  
             14       like to live in proximity to the church.  And as we  
             15       go through the site planning process, we'll be  
             16       relying on a very heavy pedestrian orientation to the  
             17       church, so it's being done in a very unified fashion.  
             18                      And with that, I thank you for your  
             19       time this evening, and we'll be happy to answer any  
             20       questions that the Commissioners or staff might have.  
             21       Thank you. 
             22                      CHAIRPERSON NAGY:  Thank you, sir.      
             23                      This is a public hearing.  Is there  
             24       any member of the audience that would like to address 
 
                                                                        84
 
              1       the Commission?  
              2                      Seeing none.  Do we have any  
              3       correspondence, Vice Chairman Markham?                 
              4                      MEMBER MARKHAM:  No, Madam Chair, we  
              5       have no correspondence.   
              6                      CHAIRPERSON NAGY:  With that, I will  
              7       close the public hearing -- I'm sorry.   
              8                      Mr. Evancoe.   
              9                      MR. EVANCOE:  Thank you, Madam Chair.   
             10                      With your permission, I'd like to add  
             11       a couple of comments that might assist the Commission  
             12       as they deliberate over this case.   
             13                      CHAIRPERSON NAGY:  Thank you.   
             14                      MR. EVANCOE:  Thank you, Madam Chair.   
             15                      I believe that Tim may have  
             16       inadvertently left out a portion of our staff  
             17       recommendation, and I wanted to bring that to your  
             18       attention.   
             19                      We had at the end of our  
             20       recommendation, a suggestion to the Commission that  
             21       if it so chooses to adopt this Amendment, that it  
             22       would direct that the residential patterns map, which  
             23       is the map that I'm showing here, which you're all  
             24       familiar with, which is on the reverse side of our 
 
                                                                        85
 
              1       land use map, that the subject property be changed to  
              2       3.25 units per acre as opposed to the 1.65 that it  
              3       currently indicates.  That density would be in  
              4       accordance with the Development Agreement that  
              5       eventually will be put forth here, and I say that not  
              6       presupposing that the Council will authorize that  
              7       Development Agreement, but if the Council does choose  
              8       to authorize the staff to work with the Petitioner on  
              9       the Development Agreement, that would be the density  
             10       we would be looking towards.   
             11                      CHAIRPERSON NAGY:  Thank you.   
             12                      Before the Commission proceeds, I have  
             13       one question for you.  I am on the Master Plan Zoning  
             14       Committee, and when Mr. Galbraith indicated 200  
             15       units, 3.5, 200 duplexes, you're not talking 400  
             16       units, are you? 
             17                      MR. EVANCOE:  No.  And I may need to  
             18       ask Tim, but according to Tim, the density that was  
             19       being sought was 3.25.  A maximum of 3.25 per acre.    
             20                      CHAIRPERSON NAGY:  Okay.               
             21                      MR. EVANCOE:  And I might just add one  
             22       note too.  This is actually is a procedure that  
             23       probably should become a standard part of our process  
             24       when we amend the Master Plan for Residential, that 
 
                                                                        86
 
              1       we would pretty much automatically update that other  
              2       map as well. 
              3                      CHAIRPERSON NAGY:  I think that's very  
              4       important.  Thank you.   
              5                      Is there anything else?   
              6                      MR. EVANCOE:  No, ma'am.  Thank you. 
              7                      CHAIRPERSON NAGY:  Thank you very  
              8       much.   
              9                      I will close the public hearing and  
             10       turn it over to the Commission.   
             11                      Vice Chairman Markham.   
             12                      MEMBER MARKHAM:  Thank you, Madam  
             13       Chair.   
             14                      I'd like to continue on that same  
             15       question.  If we amended the density pattern part of  
             16       the Master Plan, would the parcel that the church  
             17       would be on then be excluded from the Master Plan?     
             18                      And where I'm going with that, is I'm  
             19       on the Master Planning Committee as well, and when we  
             20       deliberated over this, the density question was, to  
             21       me, the most important question.  The fact that this  
             22       developer -- or the Brightmoor Church ended up with  
             23       Erickson going in next door, really changed the  
             24       character of the property and its potential.  So 
 
                                                                        87
 
              1       understanding that they wanted to do something a  
              2       little more dense than originally sought, I still was  
              3       concerned that we maintain that 1.65 density for that  
              4       general area, so that we didn't over tax the  
              5       infrastructure of that part of the community.   
              6                      So my question would be, if we're  
              7       going to change this parcel to reflect a 3. --  
              8       whatever it was -- 3.2 -- what was it?  3.25, then  
              9       the church parcel, in my view, would come out of this  
             10       map.   
             11                      MR. EVANCOE:  I would agree with that,  
             12       yes.  I don't think there it anything that would  
             13       compel us to follow precisely existing property lines  
             14       for this.  So I think we could very easily divide off  
             15       and not include the church property as a part of  
             16       that, because there is no residential plan there. 
             17                      MEMBER MARKHAM:  Okay.  I do  
             18       appreciate that the developer is trying to work with  
             19       the parcel and be sensitive to the environment  
             20       there.  It is a really nice parcel.  There's a lot of  
             21       beautiful woodlands, high quality woodlands and  
             22       wetlands on the parcel, and I think if we proceed  
             23       this way, that there's a potential for having a very  
             24       nice residential development.  But I would stress 
 
                                                                        88
 
              1       that I will only agree with something that includes  
              2       that limit on the number of units, to keep that  
              3       density of the general range of what was originally  
              4       planned out there.  That's all.  Thank you.   
              5                      CHAIRPERSON NAGY:  Member Sprague.      
              6                      MEMBER SPRAGUE:  Thank you.   
              7                      Just to follow that up.  Is the 3.25  
              8       density ratio on the 61 and a half acres, or is it on  
              9       the entire lot, the entire 100 acres? 
             10                      MR. EVANCOE:  My understanding is it  
             11       would only be for the 60 acres where the residential  
             12       is planned, not the portion that includes the church  
             13       and school.  
 
             14                      MEMBER SPRAGUE:  Okay.  And I think  
             15       somewhere in the notes -- and I did want to say it  
             16       was clear the Committee has spent a lot of time and a  
             17       lot of effort on this -- that it looked like the 101  
             18       acres, the way it's set forth now, could house a 168  
             19       units; is that correct?   
             20                      MR. EVANCOE:  That would sound about  
             21       right, based on 1.65, yes. 
             22                      MEMBER SPRAGUE:  And so is it a fair  
             23       assumption to say the infrastructure for that area is  
             24       designed to support 168 units as opposed to 200 units 
 
                                                                        89
 
              1       or any other higher number?                      
              2                      MR. SCHMITT:  I've actually spoken  
              3       with the City Engineer about this.  The sewer lines  
              4       are being -- in the process of being built, and they  
              5       are programmed to support the residential to the rear  
              6       of the Brightmoor parcel. 
              7                      MEMBER SPRAGUE:  At what level?   
              8                      MR. SCHMITT:  Mr. Coburn indicated  
              9       that the 200 units are easily supportable under the  
             10       current programing. 
             11                      MEMBER SPRAGUE:  That was -- you know,  
             12       as I looked through all this, and all the work that  
             13       was done, it is clear that the density matches  
             14       everything else, but that the density for the parcel  
             15       next to it was a big issue and an exception, and I  
             16       just wondered why we would be going over the 168  
             17       units.   
             18                      I mean, if we put 168 units on there,  
             19       plus the church, then we've already added more  
             20       density from that perspective.  There's more than it  
             21       originally called for.  I'm wondering why we would go  
             22       to the 200.   
             23                      MR. EVANCOE:  If I may respond to  
             24       Commissioner Sprague.  
 
                                                                        90
 
              1                      One way to look at it, perhaps, is to  
              2       be reminded that within that RM-1 zoning district the  
              3       density is actually allowable as high as 10.9  
              4       dwelling units.  So through the Development Agreement  
              5       and by notating it on this map, you would be locking  
              6       in a density that's really quite a bit lower than  
              7       what normally be required within the district, if  
              8       that adds any comfort.  I just wanted to mention  
              9       that. 
             10                      MEMBER SPRAGUE:  The current zoning or  
             11       with the Amendment if it was approved? 
             12                      MR. EVANCOE:  With the amendment.  If  
             13       this goes to RM-1 and you did not have this  
             14       Development Agreement, you could have densities in  
             15       the range that I mentioned. 
             16                      MEMBER SPRAGUE:  But if we don't make  
             17       the Amendment, then the density would be- 
             18                      MR. EVANCOE:  (Interposing) No.  Then  
             19       it remains at the Single Family level.   
             20                      MEMBER SPRAGUE:  Could I ask the  
             21       Petitioner why we're at 200 units instead of 168?  
             22                      MR. GALBRAITH:  Well, I think from our  
             23       view, from a land use standpoint, given the character  
             24       of the surrounding areas, that your Master Plan as it 
 
                                                                        91
 
              1       stands today, is probably in our view, in our  
              2       opinion, no longer appropriate for that parcel  
              3       because of the impact of the M-5 Connector and the  
              4       Erickson parcel.   
              5                      We felt that -- likewise, we also felt  
              6       that it was inappropriate to be asking for a straight  
              7       up Mult Family zoning on the piece, the residual  
              8       piece, that could result in densities in the 8 to 10  
              9       units per acre range.  We felt that this represented  
             10       an appropriate residential transition between the  
             11       Erickson parcel and the Connector itself.  In  
             12       recognizing that these are also two-bedroom units,  
             13       that tend to be lifestyle change units, and appealing  
             14       to empty nesters.  The impact on infrastructure tends  
             15       to be much less than it is if they were three and  
             16       four-bedroom units, in that range. 
             17                      MEMBER SPRAGUE:  There already have  
             18       been a number of comments about the desire for senior  
             19       housing.  Is it intended that all of these will be  
             20       senior housing?   
             21                      MR. GALBRAITH:  No.  I don't mean to  
             22       imply that at all.  These are sold as condominiums on  
             23       the open market.  But we know from having developed a  
             24       number of communities with this type of product in 
 
                                                                        92
 
              1       them, that the greatest appeal is to a lifestyle  
              2       change buyer.  And they also tend to be people that  
              3       are already situated in the community where we're  
              4       selling.  They tend to be folks that are coming out  
              5       and buying.   
              6                      They already live within three to five  
              7       miles of the site, and their desire is to stay in the  
              8       community, but their desire is also is to no longer  
              9       have to support a large single family home and so  
             10       forth.  It will appeal to a cross section of buyers.   
             11       It just happens to be weighted on the lifestyle  
             12       change end of things.   
             13                      MEMBER SPRAGUE:  Thank you.   
             14                      CHAIRPERSON NAGY:  Thank you. 
             15                      Commissioner Shroyer.   
             16                      MEMBER SHROYER:  Thank you, Madam  
             17       Chair.   
             18                      I don't have any questions, but I do  
             19       have a couple of comments I want to make.   
             20                      Having served on the Master Planning  
             21       Zoning Subcommittee as well, we've had many, many,  
             22       meetings and quite a bit of discussion centered  
             23       around this.  I'd like to thank the church  
             24       representatives and the developer for working with us 
 
                                                                        93
 
              1       to share what I consider a very viable development.   
              2       It's bringing a tax base to the City.  It's not over  
              3       building like many of our developer's come in and  
              4       want to do.  It has a preservation of our wetlands  
              5       and our woodlands.  It's just a win-win all the way  
              6       around, and I will be supporting this Amendment and  
              7       encourage my fellow commissioners to do the same.     
              8       Thank you, Madam Chair.     
              9                      CHAIRPERSON NAGY:  Thank you.           
             10                      Mr. Avdoulos.   
             11                      MEMBER AVDOULOS:  Yeah, going through  
             12       the information that was presented, I commend both  
             13       the Committee and the Applicant.  I think this  
             14       project would be a good transition from the  
             15       development, the Erickson Development, and in the M-5  
             16       Connector area I think it's appropriate.   
             17                      There are a couple of comments that  
             18       the commissioners made during their meetings, and the  
             19       one that stuck out in my mind, is Member Shroyer had  
             20       encouraged creativity.  And I think that's what we  
             21       look for in a lot of developments, to not only  
             22       provide amenities for those who live in the  
             23       community, but also for those who are around the  
             24       area.  And what I mean by encouraging creativity is, 
 
                                                                        94
 
              1       Commissioner Shroyer indicated he'd like to develop  
              2       more green space, bike paths, sidewalks.   
              3                      And I like to see community churches  
              4       being used, such as I think an example of Northville  
              5       Christian on Six Mile, where the Township uses their  
              6       soccer fields for the Northville Soccer Association.  
              7       It's not a church directed program, but it's a  
              8       city-wide community directed program, and everybody  
              9       gets to utilize the space, and I think that works out  
             10       very well for the community.   
             11                      I'm encouraged by what I've seen thus  
             12       far, and I will support the Amendment.  Thank you.     
             13                      CHAIRPERSON NAGY:  Thank you.   
             14                      Commissioner Paul. 
             15                      MEMBER PAUL: I'm in agreement with all  
             16       of the previous commissioners.  I am very thrilled to  
             17       see the site come forward.  I'd like to see the field  
             18       space also, because I think the park space is  
             19       necessary in our city, and we currently don't have  
             20       the funds to add additional land for park space.   
             21                      And with that, I'd like to make a  
             22       motion:  In the matter of the request of Brightmoor  
             23       Christian Church to send a positive recommendation to  
             24       the Planning Commission -- I'm sorry.  
 
                                                                        95
 
              1                      In the matter of the request of  
              2       Brightmoor Christian Church to rezone the 61.5-acre  
              3       parcel-                      
              4                      CHAIRPERSON NAGY:  Master plan.   
              5                      MEMBER PAUL:  Master Plan.  The 61.5  
              6       acre parcel from RA to RM-1 and Master Plan Amendment  
              7       to designate the property from Single Family to  
              8       Multiple Family with a Development Agreement which  
              9       would include the following standards:  10-foot side  
             10       yard setback.  25-foot front yard setback.  35-foot  
             11       rear yard setback.  35-foot heighth, not to exceed a  
             12       total number of 100 dwellings, which is 200 units,  
             13       and to preserve as much open space as possible, and  
             14       all the provisions of Section 25-16 of the zoning  
             15       ordinance.   
             16                      CHAIRPERSON NAGY:  Do we have a second  
             17       to that motion?   
             18                      MEMBER AVDOULOS:  Second. 
             19                      CHAIRPERSON NAGY:  Any further  
             20       discussion?   
             21                      Mr. Papp.  
             22                      MEMBER PAPP:  I just have one  
             23       question.  Looking at the aerial map, I notice a lot  
             24       of green space north.  Is that privately owned?  Or 
 
                                                                        96
 
              1       who's the owner of north of this property?  
              2                      MR. EVANCOE:  Right.  That's owned by  
              3       the neighborhood association of Haverhill  
              4       Subdivision.  So it's what we call a quasi public  
              5       park. 
              6                      MEMBER PAPP:  I was just curious  
              7       because any time I see green space I think of a  
              8       developer coming in and putting another subdivision  
              9       in.   
             10                      MR. EVANCOE:  Right.  Most of that, I  
             11       believe, is wetland.   
             12                      MEMBER PAPP:  Thank you.  No further  
             13       questions. 
             14                      CHAIRPERSON NAGY:  Mr. Shroyer.   
             15                      MEMBER SHROYER:  Should we be  
             16       including in this motion the density issue?  
             17                      CHAIRPERSON NAGY:  Mr. Fisher?          
             18                      MR. FISHER:  Well, I think that is  
             19       what Mr. Evancoe had requested.  And, I mean, for  
             20       this purpose, in this specific property, you've got  
             21       the density covered with the 200 units, but I think  
             22       in terms of the actual Master Plan designation, you  
             23       want to specify that.   
             24                      MEMBER SHROYER:  Okay.  Would the 
 
                                                                        97
 
              1       motioner be open to adding the 61.5-acres at a  
              2       density of a maximum of 3.25 acres -- or units per  
              3       acre?   
              4                      CHAIRPERSON NAGY:  Excuse me.  61.5  
              5       not 65.                        
              6                      MEMBER SHROYER:  61.5.   
              7                      MEMBER PAUL:  Yes.
 
              8                      CHAIRPERSON NAGY:  And the second?      
              9                      MEMBER AVDOULOS:  Yes.  
             10                      CHAIRPERSON NAGY:  Thank you.           
             11                      Commissioner Markham.   
             12                      MEMBER MARKHAM:  Madam Chair, or the  
             13       rest of the Commission.  Do we want to include the  
             14       rezoning?  I think your motion included the rezoning.  
             15       Do we want to do that at this time, or do we only  
             16       want to do the Master Plan Amendment?   
             17                      MR. EVANCOE:  Only the Master Plan. 
             18                      MEMBER MARKHAM:  That's what I 
 
             19       thought.  
             20                      CHAIRPERSON NAGY:  So we need to amend  
             21       the motion, to remove the part where you said rezone  
             22       the 65 acre parcel from RA to RN.   
             23                      MEMBER MARKHAM:  All we're doing is  
             24       changing the Master Plan to designate the property 
 
                                                                        98
 
              1       from Single Family to Multifamily.   
              2                      MEMBER PAUL:  Agreed. 
              3                      CHAIRPERSON NAGY:  Mr. Avdoulos?        
              4                      MEMBER AVDOULOS:  Yes.  I agree.   
              5                      CHAIRPERSON NAGY:  Anybody else --  
              6       I have a question.   
              7                      Mr. Fisher, when we're doing this, is  
              8       there, in any way, the question that Ms. Markham  
              9       asked about what we do on the Master Plan for land  
             10       use, designate the church.  Is this in anyway --  
             11       should we do anything special with regard to that?     
             12                      Do you remember her original question? 
             13                      MR. FISHER:  I guess the question is  
             14       does the application cover the church as well, or is  
             15       the application relating only to this additional  
             16       property.  And if that's the case, I don't think  
             17       there's any need to-  
             18                      CHAIRPERSON NAGY:  (Interposing) It's  
             19       contained within our motion. 
             20                      MR. FISHER:  Yes.   
             21                      CHAIRPERSON NAGY:  61.5.   
             22                      MR. FISHER:  Because that's the 
 
             23       proposal before the Commission.   
             24                      MR. EVANCOE:  Just to clarify.  There 
 
                                                                        99
 
              1       is no change being proposed for the church portion of  
              2       this. 
              3                      CHAIRPERSON NAGY:  Right, I understood  
              4       that.  But there should be maybe, that's my concern.   
              5       Should there be?   
              6                      MR. FISHER:  My understanding of the  
              7       consensus of the discussion was no.  
              8                      CHAIRPERSON NAGY:  Okay. 
              9                      MR. FISHER:  Tonight. 
             10                      CHAIRPERSON NAGY:  The other question  
             11       that I do have is with regard to the wetlands in  
             12       there, and this is near Haverhill, isn't that where  
             13       we're having some problems, some of the residents are  
             14       having problems?   
             15                      As I recall they were before the  
             16       Council, and I want to know if maybe Mr. Evancoe, you  
             17       could answer this, if that in any way impacts that  
             18       subdivision?   
             19                      MR. EVANCOE:  I don't believe it would  
             20       at all.  If I'm correct, and maybe somebody can  
             21       correct me, I believe the drainage is flowing in a  
             22       southerly direction, isn't it?   
             23                      CHAIRPERSON NAGY:  Is that correct,  
             24       Mr. Schmitt?   
 
                                                                        100
 
              1                      MR. SCHMITT:  Yeah, that is correct,  
              2       and so any drainage from this property is going to  
              3       not go to the north, to Haverhill.   
              4                      MR. FISHER:  Madam Chair, I would  
              5       suggest getting a confirmation of that from the  
              6       developer.  I assume they'll concur with that.  
              7                      MR. GAILBRAITH:  Yes, Mr. Fisher, I  
              8       would concur with that.  The drainage patterns in  
              9       this area are from the north to the south.  And  
             10       therefore, any storm water coming off of our property  
             11       would not go into the system to the north into the  
             12       Haverhill property.  And we're very sensitive to the  
             13       wetlands on the piece and we'll be developing a storm  
             14       water management program as part of the detailed site  
             15       planning and engineering that we do, and we'll have,  
             16       I'm sure, numerous opportunities to review that with  
             17       the Engineering Department and the Planning staff and  
             18       your Commission. 
             19                      CHAIRPERSON NAGY:  Thank you very  
             20       much.  
             21                      Ms. McClain, do you have anything to  
             22       add to that?  Because I saw you running all the way  
             23       downstairs, I might as well give you that  
             24       opportunity. 
 
                                                                        101
 
              1                      MS. MccLAIN:  Well, it's a good thing  
              2       I had the TV on.   
              3                      This area, and I want to step around  
              4       to the other side.  
              5                      The area right up in here, which is  
              6       the wetlands, does connect into this.  
              7                      CHAIRPERSON NAGY:  Right. 
              8                      MS. McCLAIN:  But that's not the area  
              9       that's having the problem.  The area that's having  
             10       the problem is up here, and the drainage does not go  
             11       up to the north, to this section, up by Fourteen  
             12       Mile.  The drainage splits about in the middle, about  
             13       near the cul-de-sac on the south side of Haverhill  
             14       and flows north and south. 
             15                      CHAIRPERSON NAGY:  Thank you very  
             16       much.  I appreciate you coming down and answering  
             17       that question.  
 
             18                      I happen to think that -- I was on the  
             19       Master Planning Committee, and I do think there is a  
             20       market for this type of housing.  Very rarely do you  
             21       see this type of housing developed anymore,  
             22       preferably one-story.  We do have an aging population 
             23       of which I am one, and I think this is a very  
             24       marketable idea.  I think it's very good for the 
 
                                                                        102
 
              1       community, and I'm in support of the motion.  And if  
              2       there's no further comments by any of the  
              3       commissioners, I had like to call for the vote.   
              4                      Are there any other comments?  
              5                      Commissioner Markham. 
              6                      MEMBER MARKHAM:  At the risk of  
              7       beating a dead horse.  I just want to make sure that  
              8       somewhere in the notes we remember when we ultimately  
              9       amend the Master Plan, that the piece that the church  
             10       is on, gets taken out of the residential density  
             11       pattern.   
             12                      MR. EVANCOE:  I think the record  
             13       reflects that.  We'll do it that way. 
             14                      MEMBER MARKHAM:  It's hard to remember  
             15       it, whether it's in the motion or not.   
             16                      I guess it doesn't need to be in the  
             17       motion, I just wanted it to be noted somewhere for  
             18       future updates of the Master Plan.
 
             19                      CHAIRPERSON NAGY:  Any other  
             20       comments?   
             21                      If not, Mr. Schmitt, would you please  
             22       call the roll.   
             23                      MR. SCHMITT:  Commissioner Markham?  
             24                      MEMBER MARKHAM:  Yes.
 
                                                                        103
 
              1                      MR. SCHMITT:  Chairperson Nagy?  
              2                      CHAIRPERSON NAGY:  Yes. 
              3                      MR. SCHMITT:  Commissioner Papp?        
              4                      MEMBER PAPP:  Yes. 
              5                      MR. SCHMITT:  Commissioner Paul? 
              6                      MEMBER PAUL:  Yes. 
              7                      MR. SCHMITT:  Commissioner Ruyle?     
              8                      Commissioner Shroyer?  
              9                      MEMBER SHROYER:  Yes. 
             10                      MR. SCHMITT:  Commissioner Sprague?     
             11                      MEMBER SPRAGUE:  Yes. 
             12                      MR. SCHMITT:  Commissioner Avdoulos?  
             13                      MEMBER AVDOULOS:  Yes. 
             14                      MR. SCHMITT:  The motion passes 7-0.    
             15                      CHAIRPERSON NAGY:  And Mr. Ruyle  
             16       recused himself.   
             17                      MR. SCHMITT:  Oh, that's right.  My  
             18       apologies.  
             19                      CHAIRPERSON NAGY:  Thank you very  
             20       much.  Good luck, gentlemen.   
             21                      MR. GALBRAITH:  Thank you for your  
             22       consideration this evening.   
             23 
             24
 
                                                                        104
 
              1 MATTERS FOR CONSIDERATION 
              2 MASTER PLAN AMENDMENT - DCC HIGH SCHOOL 
              3                      CHAIRPERSON NAGY:  Moving on to the  
              4       Matters of Consideration.   
              5                      Our first Matter of Consideration is  
              6       Master Plan Amendment.  Consideration of the request  
              7       of Detroit Catholic Central High School to amend the  
              8       Master Plan from Office and Light Industrial to  
              9       Single Family Residential.  The subject property is  
             10       located in Section 18 on the west side of Wixom Road  
             11       and south of Grand River Avenue.  The subject  
             12       property is approximately 60 acres.   
             13                      Mr. Evancoe.  
             14                      MR. EVANCOE:  Thank you very much.      
             15                     Madam Chair, members of the  
             16       Commission, I want to begin like we normally do by  
             17       reminding folks of the location of the property.  I  
             18       will try not to dwell on that because we're all quite  
             19       familiar with it.  But for those who might not be  
             20       aware, that are watching by television, if we can get  
             21       the image from the overhead onto the screen.  Thank  
             22       you.  
             23                      This is the Catholic Central  
             24       property.  It is located directly to the north of the 
 
                                                                        105
 
              1       Island Lake Development.  It's on the west side of  
              2       Wixom Road.  It's across from the existing Target  
              3       Store, and it is directly south of properties that  
              4       have frontage on Twelve Mile Road.   
              5                      The future land use map with which we  
              6       are most concerned with this evening, currently  
              7       indicates that the property has several designations,  
              8       actually.  It has Light Industrial, as well as Office  
              9       designations on it at this time.  In terms of zoning,  
             10       the property has three zoning designations.  It has  
             11       primarily OST, which is the light blue.  It has a  
             12       small portion of I-1 zoning along its northern edge,  
             13       and then a small portion in the southeast corner is  
             14       zoned as R-1, Single Family Residential.   
             15                      And I might just note, too, that in  
             16       terms of surrounding zoning, we have the four houses  
             17       that currently front Wixom Road are zoned R-1, as is  
             18       the Island Lake Development.  And of course, the I-1  
             19       and I-2 to the north.  
             20                      I want to begin this evening by  
             21       providing a little bit of an overview of where we're  
             22       at with this particular matter.  The Master Plan and  
             23       Zoning Committee, as you'll recall, conducted a  
             24       meeting on September 16, and they recommended that 
 
                                                                        106
 
              1       this property be designated as Single Family  
              2       Residential, from its current designation on the  
              3       Master Plan for land use.  The staff agreed with  
              4       that, that recommendation, and forwarded a  
              5       complementary recommendation along with the  
              6       committee.   
              7                      The Commission had made a  
              8       recommendation to designate the property as Single  
              9       Family, at which time an alternate suggestion was  
             10       made to possibly designate the property as Public.   
             11       And after some discussion, the Commission determined  
             12       that it would be best to table the matter to this  
             13       evening in order to offer the staff some opportunity  
             14       to give further study and consideration to the Public  
             15       designation.   
             16                      Staff did prepare a supplemental  
             17       report which addressed the possibility of the Public  
             18       designation and then reaffirmed its agreement with  
             19       the Master Plan and Zoning Committee, and we do  
             20       continue to recommend the Single Family land use  
             21       designation on the Master Plan.   
             22                      Before I go on, I do want to clarify a  
             23       few terms, because I think that there has been, I  
             24       don't know if it's confusion, but there's been some 
 
                                                                        107
 
              1       use of terminology that I think we need to make sure 
 
              2       we are indeed clear on.  That we are only dealing  
              3       here with the land use designation and not zoning,  
              4       and I think we've addressed that even earlier this  
              5       evening on the other cases.   
              6                      The question of what zoning district  
              7       is most appropriate for the Catholic Central property  
              8       is going to be addressed at your  
              9       December 18th meeting.  So just to keep us focused,  
             10       we are really only going to be taking action this  
             11       evening with regard to the land use designation, not  
             12       the zoning.   
             13                      This -- I also would like to  
             14       just add a reminder too, that we are only dealing  
             15       with the Catholic Central property.  That's the only  
             16       property that has been requested to be changed at  
             17       this time.  There are no changes proposed for the  
             18       land use or the zoning for the surrounding  
             19       properties.  And in either case, should the  
             20       Commission decide to stay with the Single Family  
             21       designation or to go with the Public designation, the  
             22       zoning, nevertheless, will need to be Single Family.   
             23       R-1, has been the suggestion, but again, that is not  
             24       before you this evening to make that determination.  
 
                                                                        108
 
              1       That will come up later on this month.   
              2                      I want to highlight the Planning  
              3       Department's report, and I know that you all had a  
              4       chance to look at that, and I want to break that  
              5       into, really, two sections.  First of all, why do we,  
              6       along with the Master Planning and Zoning Committee,  
              7       recommend the Single Family designation.  And then  
              8       I'll look at the other Public designations.  So I'm  
              9       going to add this to our overhead, and we can just  
             10       quickly go through these.   
             11                      Why do we recommend the Single Family  
             12       designation.  First of all, it is compatible with the  
             13       adjacent single family residences to the south and  
             14       east.  Again, those properties are currently zoned  
             15       R-1.  They are used as residences, and so to  
             16       designate the property directly behind them as  
             17       Residential would be compatible land use.   
             18                      Secondly, there are other areas of the  
             19       community, and this was highlighted at the last  
             20       Planning Commission meeting, that are proving to be a  
             21       better location for office uses, such as the Haggerty  
             22       corridor, as well as the OST corridor along  
             23       Meadowbrook Road.  It is our feeling that Office  
             24       would be out of character really, with the 
 
                                                                        109
 
              1       surrounding land uses, being that they are  
              2       Residential primarily.   
              3                      Thirdly, it provides the most logical  
              4       basis for the Single Family zoning, which is to  
              5       follow at your December 18th meeting.  There really  
              6       is no land use, future land use designation, that  
              7       would be more supportive of a Single Family zoning  
              8       than indeed the Single Family land use designation.   
              9                      And then, fourthly, in the event that  
             10       a high school does not locate there, Residential  
             11       development will have the least impact on nearby  
             12       residents, and can most easily conform to the site's  
             13       unique natural features.  That was alluded to in our  
             14       report that, as you know, and because you've reviewed  
             15       many site plans, Single Family Residential  
             16       development is a much more flexible style of  
             17       development that has the ability, particularly with  
             18       the many, five or so, development options that we  
             19       offer for Residential, including the new Open Space  
             20       Amendment recently adopted by the City Council.        
             21                      These are all mechanisms that make it  
             22       possible for Single Family development to weave its  
             23       way, if you will, through and around sensitive  
             24       natural features.  And this is much more difficult to 
 
                                                                        110
 
              1       do with properties that are zoned Office-Industrial,  
              2       essentially Non Residential, because of the large  
              3       footprint that those buildings tend to have and the  
              4       expansive parking lots that usually accompany them. 
              5                      In terms of why we do not recommend  
              6       the Public designation with a Development Agreement,  
              7       I'll begin by saying that the existing zoning is less  
              8       compatible with the nearby existing Residential than  
              9       the proposed Single Family designation zone.  And  
             10       again, this is kind of like a repeat of the converse  
             11       of what was mentioned earlier.   
             12                      Secondly, it creates uncertainty for  
             13       surrounding property owners about how the property  
             14       could be developed in the future without the Detroit  
             15       Catholic Central property.  And that is because with  
             16       the Development Agreement, at least going on the  
             17       suggestion that was made at the last meeting, the  
             18       notion is that you might designate it Public on the  
             19       land use map, subject to a Development Agreement that  
             20       would have the property revert back to its present  
             21       zoning, or something other than Single Family, if the  
             22       high school does not locate there.  That, really, if  
             23       I were living near that, would give me a certain  
             24       degree of uncertainty, I guess, as to what ultimately 
 
                                                                        111
 
              1       would be developable there.  With Single Family, we  
              2       know exactly what that means.  It's very clear to  
              3       anyone around it what would be entailed.  With having  
              4       a mix of Industrial or Office, there's quite a few  
              5       permitted uses and special land uses that are  
              6       possible.   
              7                      Number four, as far as why we do not  
              8       recommend the Public.  The Public designation has  
              9       historically been reserved for facilities that are  
             10       truly under public ownership.  And I know that the  
             11       Land Use Plan does enable private schools to be  
             12       included as public.  I'm not exactly sure why that  
             13       was done, but I think that we need to be careful  
             14       about protecting some of our classifications.  I  
             15       think there's a danger in watering down, if you will,  
             16       what we mean when we say public.  And I think there's  
             17       something to be said for reserving the Public  
             18       designation for truly public projects.   
             19                      And then finally, reverting the  
             20       property to a Non Residential zone would permit  
             21       developments that are more likely to harm the site's  
             22       natural features than Single Family.  I've already  
             23       mentioned that as one of the reasons for the Single  
             24       Family designation. 
 
                                                                        112
 
              1                      And so with that, Madam Chair, I will  
              2       return and be available for questions, and I  
              3       appreciate your time.  And again, this is not an easy  
              4       matter, and I certainly respect everyone's opinion  
              5       and hopefully we can work through this and have a  
              6       good resolution.  Thank you. 
              7                      CHAIRPERSON NAGY:  Thank you,  
              8       Mr. Evancoe.   
              9                      Would you like to direct some  
             10       questions?  
             11                      MR. RYAN:  Thank you, Madam Chair.      
             12                     My name is Tom Ryan, R-y-a-n.   
             13       My office is at 2055 Orchard Lake Road in  
             14       Sylvan Lake, Michigan 48320.   
             15                      Thank you for hearing us again this  
             16       evening, and we appreciate being here.  We appreciate  
             17       all the time and effort that not only you but the  
             18       staff has put in on the project.  I will speak  
             19       briefly.   
             20                      I would just echo what Mayor Clark  
             21       said.  I appreciate his comments -- we appreciate his  
             22       comments.  He stole a lot of my thunder, so I won't  
             23       repeat myself.  I'd also like to thank Mr. Evancoe  
             24       for his presentation and just pick up on Mr. Ruyle 
 
                                                                        113
 
              1       from the last public hearing.  Again, we are here for  
              2       a Master Plan Amendment.  The Master Plan is a  
              3       living, breathing document which changes.   
              4                      It's my understanding you can review  
              5       the Master Plan in toto in the next couple of years,  
              6       and if for some reason this doesn't work out, you  
              7       have the opportunity again to review it.  I would  
              8       submit, and I won't give it to you for the record,  
              9       but this is Exhibit A.  This was filed today at  
             10       City.  This is our preliminary site plan work.  We  
             11       are going forward with this project.  This is  
             12       something that we will see to fruition.  If for some  
             13       reason it doesn't go through, you have to decide  
             14       whether the City is better off with a Residential  
             15       Master Plan designation or a Public.  And I submit  
             16       for the reasons stated by the Mayor and Mr. Evancoe,  
             17       that Residential makes sense.   
             18                      These four properties on our east that  
             19       are currently used as Single Family Residential and  
             20       zoned as Single Family Residential, but in fact are  
             21       Master Planned Office, you understand that in the  
             22       future, ideally you have your Master Plan designation  
             23       and your zoning in sync.  But when you have issues  
             24       where they're not, you have an issue, perhaps in the 
 
                                                                        114
 
              1       future, with those properties on Wixom Road.  It is  
              2       not our intention to harm those properties  
              3       whatsoever.  We did not generate this land division  
              4       and how the properties are designated on Wixom Road,  
              5       and we are got going to harm our neighbors.   
              6                      You will see -- and we're not here for  
              7       site plan tonight, but you will see that -- and it  
              8       just makes sense.  We have approximately 1,000 feet  
              9       to work with north and south on Wixom Road.  We don't  
             10       own all that frontage, we have these other four  
             11       owners there that we must accommodate, and we  
             12       understand that.  But we have 1,000 feet on  
             13       Wixom Road; we have approximately 2200 feet from east  
             14       to west.  So our orientation, frankly, is away from  
             15       Wixom Road.  It is not Wixom Road.  Our site issues  
             16       are going to be to the -- way to the west.  We will  
             17       not impact the residential use or the future use for  
             18       those four properties on Wixom Road.  We will  
             19       accommodate them, we will screen them, we will buffer  
             20       them so what they do, we assume will be high quality,  
             21       and whatever it is the City will allow, and we won't  
             22       impact and we won't harm them.  If they need  
             23       variances, if they have natural feature issues, we  
             24       will cooperate with them.  Because, really, our 
 
                                                                        115
 
              1       orientation is to the west.  Way to the west.  So we 
 
              2       will not -- we do not see as harming those people in  
              3       the least.   
              4                      They are, again, zoned Single Family  
              5       Residential.  Our zoning, we believe, should be  
              6       Single Family Residential.  As indicated, that issue  
              7       will be front of you in two weeks.  So again, we do  
              8       not want to harm those people, we will not harm those  
              9       people.  We believe that the Single Family  
             10       Residential Master Plan designation makes the most  
             11       sense under the circumstances.  Thank you.  
             12                      CHAIRPERSON NAGY:  Thank you, sir.  
             13                      Does anyone else wish to address the  
             14       Commission?  We ask that you come forward and state  
             15       your name and spell it, and your home address for the  
             16       court reporter, please.  
             17                      MR. HERBEL:  Good evening.  My name is  
             18       Richard Herbel, H-e-r-b-e-l.  I was at home watching  
             19       on T.V. and I wasn't aware that this issue was going  
             20       to be on the Agenda tonight.  I just today  
             21       received from the City of Novi indicating a change of  
             22       zoning, but for the 18th.  And I thought the matter  
             23       was going to be postponed until then, so I didn't 
 
             24       think I had to be here to make any kind of comments. 
 
                                                                        116
 
              1       So I rushed out tonight.  I apologize, I don't know  
              2       what was said in my transition -- in my getting here,  
              3       but I'd just like to say these things.   
              4                      We support Catholic Central being  
              5       here.  We don't think that that is a problem and I  
              6       think it would be a very good thing.  The thing we  
              7       have to keep in mind here though, is that this  
              8       property, even though it's zoned residential was  
              9       zoned residential on a dirt road, before Target,   
             10       before Lakes of Novi.  Now with Target coming in  
             11       there and Lowe's coming in, and with the expressway  
             12       cloverleaf possibly coming in, the traffic is going  
             13       to be quite heavy.  And when the school has  
             14       activities and they have students coming and going  
             15       every day, football games, plays, proms, whatever,   
             16       this is also going to add to the traffic problems in  
             17       the area.   
             18                      The neighbors there and myself, are  
             19       concerned that when the time comes for us to want to  
             20       sell our property, we won't be able to sell it as a  
             21       neighborhood residential area, because who would like  
             22       to see little children playing along a busy traveled  
             23       road.  So if you're going to make any designation for  
             24       Catholic Central, make it for them, to allow them to 
 
                                                                        117
 
              1       accomplish their goals, but don't include the  
              2       properties, the residential properties, on Wixom Road  
              3       because the time -- we're in transition.  What was  
              4       once residential, now is not.  Now it's heavy  
              5       traffic.  There is going to be even more so.  So  
              6       please keep that in mind -- and we welcome them as a  
              7       neighbor. 
              8                      CHAIRPERSON NAGY:  Thank you,  
              9       Mr. Herbel.  We are not rezoning the property this  
             10       evening, we are only changing the Master Plan.  And  
             11       the 18th, yes, the Commission will discuss the  
             12       zoning.  This is only for a Master Plan Amendment,  
             13       and I appreciate your coming down.  
             14                      MR. HERBEL:  It's a good thing I was  
             15       channel chasing.   
             16                      MR. EVANCOE:  Madam Chair?   
             17                      CHAIRPERSON NAGY:  Yes.   
             18                      MR. EVANCOE:  If I may add to the  
             19       comment that you just offered.  We are also not doing  
             20       anything to these properties at all.  This is only  
             21       the Catholic Central property. 
             22                      CHAIRPERSON NAGY:  Mr. Herbel, I don't  
             23       know if you heard Mr. Evancoe, but we are not doing  
             24       anything with the four pieces of property, including 
 
                                                                        118
 
              1       yours.  Only Catholic Central.  
              2                      MR. HERBEL:  Thank you. 
              3                      CHAIRPERSON NAGY:  Thank you very  
              4       much.  
              5                      I'd like to turn this matter over to  
              6       the Commission.  Do we have any comments or  
              7       discussion?   
              8                      John Avdoulos.   
              9                      MR. AVDOULOS:  I'll go first.  
             10                      I guess about two weeks ago, many  
             11       issues were raised by the adjacent owners of the  
             12       property before us, and their concerns were taken  
             13       with serious consideration towards all of the facts.   
             14       And over the past two weeks, I've gone by that site  
             15       about three or four times just to get a good  
             16       familiarity with the surrounding area.  The issue was  
             17       tabled to allow the Planning Commission to thoroughly  
             18       review all the available information before approving  
             19       or denying the Master Plan Amendment.   
             20                      As our last resident indicated,  
             21       Wixom Road is no longer a rural country road.  We are  
             22       in transition.  It has become a main artery for new  
             23       residential developments and for the Grand River  
             24       corridor and expressway.  Residents' concerns are not 
 
                                                                        119
 
              1       that Detroit Catholic Central will occupy the site,  
              2       but what will the surrounding area look like once the  
              3       Detroit Catholic Central is in place.  And the  
              4       concerns were raised that you'll have Target to the  
              5       east, Cadillac Asphalt to the north, and Detroit  
              6       Catholic Central will be to the west of them.   
              7                      If the property is amended and rezoned  
              8       there are two facts:  Detroit Catholic Central will  
              9       occupy the site.  No one disputes the institution's  
             10       integrity, however this is what concerns the  
             11       neighbors, exactly what was stated earlier, that  
             12       they'll be bookended by this development.   
             13                      If, and I think it seems like Detroit  
             14       Catholic Central will go along with this plan, and  
             15       it's been indicated that sensitivity and care and  
             16       cooperation with the neighbors will be paramount  
             17       during these initial planning stages.  The Mayor also  
             18       made comments where during the public process of  
             19       planning, the residents will see what the layout is,  
             20       where the building is going to be located, where the  
             21       amenities will be located, and there are  
             22       opportunities for them to rezone at a future date.  I  
             23       think I agree with the Planning Department, that we  
             24       are looking at this particular property to see what 
 
                                                                        120
 
              1       is the best avenue for the Master Plan at that time.  
              2                      If nothing happens to the Master Plan,  
              3       the property zoning as is remains.  This might be, as  
              4       indicated before, potential for a worse type of  
              5       development for the neighbors, such as office  
              6       buildings or industrial buildings.  There are many  
              7       instances, not only in this general area, but all  
              8       over the state, where schools really co-exist very  
              9       closely with neighborhoods and residences.  I don't  
             10       think it as a negative.   
             11                      Right now, we can't do anything about  
             12       Target.  And I think that was the big issue last week  
             13       that we heard, and we really want to take that to  
             14       heart.  But I think with the cooperation, we can  
             15       consider, you know, all the options possible to make  
             16       everybody happy.  It's next to near impossible.  The  
             17       one thing that I enjoyed going up and down Wixom Road 
 
             18       is the Wizinsky property.  I think it's a fantastic  
             19       landmark.  I'd like to see it be able to co-exist  
             20       with the surrounding neighborhood.   
             21                      I do not feel that Public is an  
             22       appropriate designation for this particular area.   
             23       With all the information presented before us, the  
             24       reaffirmation of the Planning Department to its 
 
                                                                        121
 
              1       previous recommendation, I support the Master Plan  
              2       Committee's recommendation to designate the property  
              3       before us as Residential.  Thank you. 
              4                      CHAIRPERSON NAGY:  Thank you.  Do we  
              5       have any other comments?    
              6                      Commissioner Shroyer.   
              7                      MEMBER SHROYER:  Thank you,  
              8       Madam Chair.   
              9                      Being on the Master Planning and  
             10       Zoning and coming forth with that recommendation  
             11       initially, I was pretty set that this was the right  
             12       way to go.  After the last meeting and the possible  
             13       Public designation, I was totally up in the air.   
             14                      I come this evening still up in the  
             15       air.  My main concern is what do we need to do to get  
             16       DCC located in the City of Novi.  I think that's the  
             17       number one issue that we need to address this  
             18       evening.  And the questions that I have are very  
             19       simple, and I'll address them to Mr. Evancoe.   
             20                      First of all, in regard to building a  
             21       school, what can be done in an area of Master Plan,  
             22       R-1, that cannot be done in area zoned Public -- or  
             23       Master Planned Public? 
             24                      MR. EVANCOE:  If I understand your 
 
                                                                        122
 
              1       question, and if I get off track, please redirect  
              2       me.   
              3                      But the property, because it is a  
              4       school requires a Single Family zoning designation.   
              5       And that has to be R-1 through R-4 essentially.   
              6                      MEMBER SHROYER:  Zoning, next meeting.  
              7                      MR. EVANCOE:  Right.  And so to set  
              8       the foundation for that, you need to have a land use  
              9       designation that is logical towards supporting a  
             10       zoning request like that.  And so the Single Family  
             11       certainly does that.  If they're going to be zoned  
             12       Single Family, it certainly makes sense to designate  
             13       the Land Use Plan, Single Family.  But you can do it  
             14       with that Public as well.  You can do it that way  
             15       too.   
             16                      The important thing, in terms of  
             17       actually allowing for the location of the facility is  
             18       the zoning.  That's what's ultimately going to  
             19       determine whether it's a permitted use or not. 
             20                      MEMBER SHROYER:  So let me paraphrase  
             21       what you're saying here:  It doesn't matter which it  
             22       is Master Planned, whether it be Public or whether it  
             23       be R-1 or Single Family, as long as the zoning is for  
             24       Residential-  
 
                                                                        123
 
              1                      CHAIRPERSON NAGY:  (Interposing)  
              2       Single Family Residential.   
              3                      MEMBER SHROYER:  (Continuing) -Single  
              4       Family Residential, to build the school.   
              5                      MR. EVANCOE:  Well, it does matter  
              6       because you have to choose a land use designation  
              7       that logically supports the underlying zoning.  You  
              8       wouldn't want to, you know, obviously go with a --  
              9       I'm trying to think of something ridiculous, but -- 
 
             10       Commercial.  You wouldn't want to designate this  
             11       Commercial and then try to come back two weeks from  
             12       now and get it zoned Single Family.  So we're looking  
             13       for a land use designation that's compatible.   
             14                      But for the many other reasons that I  
             15       indicated in the presentation, we do feel that there  
             16       is one option better than the other, and we feel that  
             17       the Single Family is a better designation than the  
             18       Public. 
             19                      MEMBER SHROYER:  Is there something  
             20       that they can do under R-1 that they can't do under  
             21       Public? 
             22                      MR. EVANCOE:  Under Single Family  
             23       versus-  
             24                      MEMBER SHROYER:  Yes.  Single Family 
 
                                                                        124
 
              1       versus Public.   
              2                      MR. EVANCOE:  Well, Single Family-     
              3                      MEMBER SHROYER:  (Interposing) Here  
              4       again Master Plan, not zoning.  
              5                      MR. EVANCOE:  You mean the land use  
              6       designation doesn't, per se, indicate what you can  
              7       do.  That's zoning.  It simply says what is the  
              8       desired general future land use for this area. 
              9                      MEMBER SHROYER:  So again to  
             10       paraphrase:  It doesn't matter this evening whether  
             11       we designate the two options that we're considering-  
 
             12                      MR. EVANCOE:  Right.   
             13                      MEMBER SHROYER:  (Continuing) -as long  
             14       as the zoning is appropriate at the next meeting to  
             15       allow them to build the school. 
             16                      MR. EVANCOE:  Well, I wouldn't put it  
             17       in those terms myself, because I think it does  
             18       matter.  Because, again, going back to some of the  
             19       things we indicated in our report.   
             20                      In the event, for example, that the  
             21       school did not locate there, then we need to think  
             22       about what is best if that happens.  And it's our  
             23       opinion, that because there is the Single Family to  
             24       the south and to the east, that the Single Family 
 
                                                                        125
 
              1       designation with the subsequent zoning is much more  
              2       compatible than to have -- have that, quite frankly,  
              3       as it's currently zoned.  I think the way it's  
              4       currently zoned is not compatible with the  
              5       residential that's nearby. 
              6                      MEMBER SHROYER:  That I totally agree  
              7       with.   
              8                      MR. EVANCOE:  Sure.   
              9                      MEMBER SHROYER:  Nothing would prevent  
             10       us, however, from coming in with a Development  
             11       Agreement with this as well, where we revert back to  
             12       the original -- or the current Master Plan  
             13       designation, if DCC decided not to build in the  
             14       future.  
             15                      MR. EVANCOE:  No.  Nothing would  
             16       prevent you.  It does add an additional step though,  
             17       and some uncertainty into the approval process for  
             18       DCC.  Because, again, the City Council has to  
             19       authorize the city attorney to work with the  
             20       Petitioner on the Development Agreement.  That adds,  
             21       potentially, a delay in their process, and some  
             22       additional uncertainty.  When you throw in a  
             23       Development Agreement into the equation, you have one  
             24       more thing that groups of people have to come to 
 
                                                                        126
 
              1       agreement on, both in terms of the Petitioner and the  
              2       City, as well as the political values as well. 
              3                      MEMBER SHROYER:  Okay.  I guess that  
              4       answered the question.  I'm looking for a specific --  
              5       what can't they do under one that they can do under  
              6       the other regarding the building a school? 
              7                      MR. EVANCOE:  Well, under the Public,  
              8       obviously, they can do any kind of public facility.   
              9       I mean, if for some reason -- and again, a lot of  
             10       this it very academic because we have every reason to  
             11       believe that the school is going there, especially  
             12       after today, receiving their official site plans.      
             13       But, for academic purposes, you know, if they didn't,  
             14       then any other public kind of use can go in there: a  
             15       sewage treatment plant, a City Hall annex.  I mean, ,  
             16       I know I'm being a little bit off the wall here, but  
             17       anything that's considered public could go in there.  
             18                      MEMBER SHROYER:  I'll yield the floor  
             19       to Mr. Avdoulos.   
             20                      MEMBER AVDOULOS:  Well, I just wanted  
             21       to ask Commissioner Shroyer a question.   
             22                      Are you indicating that if we  
             23       designated a Master Plan Amendment as Public, then  
             24       can a rezoning occur as an R-1, rather than just 
 
                                                                        127
 
              1       saying Residential and then zoning R-1?   
              2                      I'm trying to figure out what the  
              3       benefit would be if you just say Public, and then you  
              4       rezone the site R-1, I don't know how that jives.   
              5                      MEMBER SHROYER:  I'm trying to get a  
              6       good grasp as to the benefits of one over the other,  
              7       and what I'll do is I'll go back to the last meeting  
              8       when Mr. Ryan had indicated that they definitely  
              9       wanted to stay with the R-1 designation.  And if you  
             10       can come forward.   
             11                      Do you still feel that way and have  
             12       you looked at Public and thought about what you can  
             13       or cannot do in building a school under a Public  
             14       designation?  
             15                      MR. RYAN:  Yes, I have, Mr. Shroyer.  
             16       And we were a little bit surprised by the Public  
             17       discussion last time.  We got to look at it over the  
             18       two weeks.  Really, the Public designation is not  
             19       mentioned in the zoning ordinance.  It's only  
             20       mentioned about -- there are two sets of the Master  
             21       Plan-  
             22                      MEMBER SHROYER:  Right.   
             23                      MR. RYAN:  (Continuing) -which talks  
             24       about waste water treatment, public facilities, 
 
                                                                        128
 
              1       public and private schools.  But there are no  
              2       schedule of regulations in the zoning ordinance which  
              3       foot to that.  So it doesn't make any sense -- all  
              4       due respect, it doesn't make any sense for this  
              5       property, and for our application, to put us in the  
              6       Public, because I don't think it gets the City  
              7       anywhere.   
              8                      I mean, would you rather have to  
              9       defend your Master Plan and your zoning ordinance  
             10       with a Public designation underlying the Master Plan,  
             11       or a Residential?  Again, look at the -- I mean, I  
             12       respectfully say, look at the property you question,  
             13       not just the Applicant.  But we have -- and you'll  
             14       see it when we go for site planning.  We have  
             15       valuable woodlands and wetlands on that property.  I  
             16       mean, I think we're doing the City a big favor, if  
             17       you will, by getting this changed out of Office and  
             18       Light Industrial, because it's totally inappropriate.   
             19       And we all agree, I think, in this room, that it  
             20       should be Residentially zoned.   
             21                      And I know that's in two weeks, but it  
             22       just doesn't seem to make any sense when the history  
             23       of the City has been for private schools that they be  
             24       zoned and that they be Master Plan designated as 
 
                                                                        129
 
              1       Residential.  Because as indicated by Commissioner --  
              2       the commissioner, and also by the Planning Director,  
              3       that it's customary in this country to have schools,  
              4       whether public or private, in Residential zones.   
              5                      And now with the new state law taking  
              6       away from bodies such as the Planning Commission and  
              7       Council, the ability to zone or -- strike that -- the  
              8       ability to regulate how a school is placed on a  
              9       site -- although there's maybe hope in the offing,  
             10       Mr. Fisher.  I know this Northville case was  
             11       apparently granted leave by the Michigan Supreme  
             12       Court, so maybe there's hope in the future, but you  
             13       have no say-so on a public high school facility, or a  
             14       public school.  Whereas with us, we need to go  
             15       through the process.  We need to be zoned  
             16       Residential, and I just say that if it's a toss up,  
             17       and I don't think it is, I agree with Mr. Evancoe,  
             18       that I think it's better for everyone that we be  
             19       Master Plan designated Residential.   
             20                      The map flows -- that yellow line,  
             21       that yellow area flows up through, you know, our  
             22       property, ending on our property from the north and  
             23       the south.  The properties to our east that we are  
             24       very concerned about and talked about, are already 
 
                                                                        130
 
              1       zoned and utilized as Single Family Residential, it  
              2       just seems to make sense to keep it Residential,  
              3       because we're going to be here in two weeks and ask  
              4       for the R-1 zoning.  I hope that helps you in some  
              5       fashion. 
              6                      MR. SHROYER:  Well, somewhat.  Thank  
              7       you. 
              8                      We have an inconsistency within the  
              9       Master Plan as to what's zoned Public and what's  
             10       zoned Residential in regard to schools.  And that's  
             11       something that this whole Commission, or at least the  
             12       Master Planning and Zoning group will have to go back  
             13       and review at a later date.  I was just trying to get  
             14       a clearer understanding this evening as to what can  
             15       be done or what can't be done under one of the  
             16       designations as opposed to the other.  So as I said, 
 
             17       my main concern is allowing you to build and  
             18       welcoming you to our community.  
             19                      MR. RYAN:  I understand that sir.  I  
             20       appreciate that.  And if I didn't say, I don't mean  
             21       to repeat myself, but when you look at the natural  
             22       features on this property, I think it doesn't lend  
             23       itself for Public use, it lends itself to more  
             24       creative Residential use.  
 
                                                                        131
 
              1                      If something, God forbid, happened to  
              2       us and we go away, I would think with the woodlands  
              3       and the wetlands on that property, you would want to  
              4       have a Residential zone underlying a Residential  
              5       Master Plan Amendment, as opposed to Public, because  
              6       you don't want any waste water facility there.  You  
              7       don't want, I mean, maybe a City Hall, but I just  
              8       think that particular property in this particular  
              9       case, cries out for a Residential underlying Master  
             10       Plan Amendment, because of the natural features. 
             11                      CHAIRPERSON NAGY:  Could we limit --  
             12       excuse me.  Could we limit the discussion, in order  
             13       to expedite the matter, strictly to Master Plan.  I  
             14       think that would be of great benefit.   
             15                      MEMBER SHROYER:  And that's all I'm  
             16       trying to talk about, Madam Chair, even though my  
             17       words come out wrong occasionally-   
             18                      CHAIRPERSON NAGY:  (Interposing)  
             19       Mr. Shroyer, I was in no way reprimanding you.  I  
             20       think we're getting beyond the discussion of  
             21       Master Plan, and I think that would expedite matters  
             22       if we stick to the Master Plan.   
             23                      MEMBER SHROYER:  At this point, I  
             24       would like to yield the floor, with the possibility 
 
                                                                        132
 
              1       of requesting it back again later in the evening. 
              2                      CHAIRPERSON NAGY:  Thank you very  
              3       much.  
              4                      Mr. Sprague.   
              5                      MEMBER SPRAGUE:  Thank you.   
              6                      It seems to me, from what I've heard,  
              7       that the conversations between Public or Single  
              8       Family, if you designate it Public, leaves us in a  
              9       greater position of control.  That that's what we  
             10       gain by that.  And as Single Family, what happens is  
             11       there's uncertainty around that property.   
             12                      My question is, whereas Mr. Shroyer  
             13       wants to make sure we attract DCC to the community,  
             14       which I feel is a very positive thing for the  
             15       community and want to do, I want to protect the four  
             16       landowners as well, and I'm wondering which is better  
             17       for the four landowners.  Is it that we have control  
             18       until it can revert back and we have some decision  
             19       making over it, or is the certainty of us zoning it  
             20       Single Family, which does seem to be appropriate for  
             21       this area, give them the ability to know what's going  
             22       to happen with that parcel from a Planning use  
             23       perspective, so they can make the decisions they  
             24       need.  Because it does seem clear that their 
 
                                                                        133
 
              1       properties have been harmed, but I'm not sure I  
              2       believe that it's Detroit Catholic Central that's  
              3       harmed them.  It sounds to me like it's the Target  
              4       development that really put a crimp on their property  
              5       values.   
              6                      I guess I'll ask Mr. Evancoe if that's  
              7       a fair summary of it or not.  
              8                      MR. EVANCOE:  Well, I think those  
              9       points are very well taken.  I think that I tend to  
             10       look at it a little bit differently in this respect.   
             11       That I think that the uncertainty comes in more if  
             12       you do not plan it for Single Family than if you --  
             13       than the other way.  Because if you go with the  
             14       Public designation with the Development Agreement  
             15       that has this revert, potentially, someday back to  
             16       Office or Office and Light Industrial, whatever you  
             17       choose, to me that creates uncertainty about what's  
             18       going to happen.   
             19                      Right now, we can say it's Single  
             20       Family, and it's on the record and everybody knows.   
             21       If we say that this could change some day, at an  
             22       unknown time, and to a district that has a multitude  
             23       of permitted uses and permitted special uses, to me,  
             24       if I were a resident in Island Lake or in one of the 
 
                                                                        134
 
              1       four homes fronting on Wixom Road, I would feel less  
              2       certain under that scenario than the other.   
              3                      So I think I might not agree on that  
              4       one point.  But -- if that's helpful.   
              5                      MEMBER SPRAGUE:  Well, I think that is  
              6       in agreement with my point.  You stated it clearly.    
              7                      I'd actually like to ask the one  
              8       landowner who is here what he thinks, whether the  
              9       certainty is preferable to him as he values his  
             10       property, over us having control.  
 
             11                      MR. HERBEL:  Thank you.  Just to make  
             12       a few comments.  I know it's getting late again.  l  
             13       followed the last discussion and it was quite late as  
             14       well.  
 
             15                      I think the -- and I understand  
             16       Mr. Shroyer's concern.  I think there is more control  
             17       in the Single Family for the back portion.  Because  
             18       it doesn't really -- this would not hurt us as much  
             19       as, say, Industrial or something like that.   
             20                      But keep in mind when I reiterated  
             21       that our property is in transition.  We may be coming  
             22       back to you some day and ask for flexibility for the  
             23       four properties, because the Catholic Central portion  
             24       is fine, but it doesn't relieve us of the stress that 
 
                                                                        135
 
              1       we are going to be under as time goes by.  We're  
              2       going to have their traffic, which only adds up with  
              3       the other shopping center traffic, and all the heavy  
              4       traffic on the road.  And it would be more  
              5       appropriate if we do go to Single Family, to allow  
              6       the four property owners to have a buffered  
              7       designation, whether it be Commercial or something  
              8       like that, which would not affect Catholic Central in  
              9       any way.  We would be the buffer to them for what  
             10       happens along the road.   
             11                      So just keep in mind that this  
             12       might -- in the future be a little flexible with  
             13       those four property owners should they come before  
             14       you and ask for some consideration.  Thank you. 
             15                      MEMBER SPRAGUE:  Thank you.             
             16                      CHAIRPERSON NAGY:  Member Markham.  
             17                      MEMBER MARKHAM:  I thought a lot in  
             18       the last couple of weeks about the Public designation  
             19       and whether it was to our advantage or not.  And I  
             20       really can see no compelling reason to go to a Public  
             21       designation on the Master Plan.   
             22                      First of all, if I were a resident in 
 
             23       Island Lake or one of those four homeowners or the  
             24       Wizinskys, I would be concerned about changing the 
 
                                                                        136
 
              1       designation to a designation that says you could put  
              2       a fire station, public or private school, or a public  
              3       utility such as waste water treatment or water  
              4       storage.  That, to me, would make me very nervous  
              5       that the designation is changing from what it is now  
              6       to something like that.   
              7                      I think the Single Family is a less  
              8       invasive use, even if Catholic Central didn't come in  
              9       and we ended up putting in Single Family, just for  
             10       the shear fact that we have to be more  
             11       environmentally sensitive in the Single Family  
             12       designation than we do in the OST or the Industrial  
             13       designation that it currently has.  There's been a  
             14       lot of talk about if we went to a Public designation, 
 
             15       we'd have a Development Agreement so that we could  
             16       then revert back to the OST/Industrial designation  
             17       that it currently has, but I don't think that's the  
             18       best designation for the property.  I think that's an  
             19       outdated designation now that we have Commercial  
             20       across the street.   
             21                      I did talk to Member Kocan today and  
             22       she doesn't agree with me, and I will say this  
             23       because she's not here tonight and I know she would  
             24       have liked to have been, she feels that OST is a good 
 
                                                                        137
 
              1       buffer designation for that property between  
              2       Residential and the more aggressive industrial uses  
              3       to the north.  And I want that on the record.   
              4                      I don't agree with that designation  
              5       for that property anymore for two reasons: one is I  
              6       think there are better OST locations in the  
              7       community.  And if I were developing an office  
              8       complex, I wouldn't choose to put it here because I  
              9       don't think it would be as financially viable as it  
             10       might be in another part of the community.  So I  
             11       don't think that is the best designation for this  
             12       property, therefore I don't think it's important for  
             13       a Development Agreement and a Public designation  
             14       which would then revert back to that.   
             15                      We also do not have any other private  
             16       schools in our community that are on publicly  
             17       designated land right now, that I know of.  I mean,  
             18       the ones I could think of have been the ones that you  
             19       stated, Walsh College, the Brightmoor, the Christian  
             20       School at Eleven Mile and Taft.  All of those are not  
             21       on Public land, so I don't see any reason why  
             22       Catholic Central should be on Public land.  And I  
             23       will not support a Master Plan change to Public.  I  
             24       will support a Master Plan change to Single Family 
 
                                                                        138
 
              1       Residential.   
              2                      CHAIRPERSON NAGY:  Member Ruyle.  
              3                      MEMBER RUYLE:  Thank you, Madam  
              4       Chair.   
              5                      I'm looking forward to the day that I  
              6       can say welcome to Novi to Catholic Central High  
              7       School.  I think it's a great organization, great  
              8       institution, and I think it will benefit our  
              9       community quite well.   
             10                      With that, Madam Chair, if you will  
             11       entertain a motion, I would like to make one.  
             12                      CHAIRPERSON NAGY:  No, because not  
             13       every member -- well, yes, you can.  I'm sorry.  We  
             14       can keep the discussion going.  
             15                      MEMBER RUYLE:  In the matter of  
             16       Catholic Central High School Master Plan Amendment to  
             17       amend the City of Novi Master Plan for land use, to  
             18       designate the 60-acre property located on the west  
             19       side of Wixom Road, south of Grand River from Office  
             20       and Industrial to Single Family Residential.  Motion  
             21       to approve the Catholic Central High School Master  
             22       Plan Amendment for the following reason: that it is  
             23       better than the zoning that it is now.  
             24                      MEMBER MARKHAM:  I'll second that.     
 
                                                                        139
 
              1                      CHAIRPERSON NAGY:  We have a second on  
              2       the motion.  Do we have further discussion?   
              3                      Member Paul. 
              4                      MEMBER PAUL:  I still am very  
              5       compelled -- first of all, I have to state I would  
              6       really like Catholic Central to come forward.  That  
              7       is definitely something I think is a good fit for  
              8       that property, being across from Target which is a  
              9       high density area, having another school in that  
             10       area.                     
             11                      When I look at this whole area and it  
             12       has changed with spot zoning on the Master Plan.   
             13       One, Levy used to own this property.  It used to be a  
             14       commercial site, and it's traveled commercial and  
             15       farm land all the way up this corridor.  Now we have  
             16       a change, and mainly not just the residential  
             17       component on the west side of the road, but we have  
             18       Target that's the biggest component, but we also have  
             19       Cadillac Asphalt.  And that site does not seem like  
             20       it should abut Residential, to me.  And that is my  
             21       biggest concern.   
             22                      I looked at the site, and I drove by  
             23       it right out of there this afternoon, when I actually  
             24       did go to our own little private Target because no 
 
                                                                        140
 
              1       one can really see it there.  I looked, when I exited  
              2       right by Carl Wizinsky's property, and I just don't  
              3       see this being zoned Residential.  Even though this  
              4       is a private school, if we had a Development  
              5       Agreement that would Master Plan this as Public, and  
              6       keep it that way.  And if it would change, that for  
              7       some unforeseen reason Catholic Central would not  
              8       come forth, it could revert back to the current  
              9       zoning, and then when the Master Plan actually does  
             10       study this, which I hope is very soon, then maybe  
             11       they can change the zoning at that time.  It may be  
             12       more beneficial for these four residents.   
             13                      My biggest fear is if we were looking  
             14       at this whole parcel with Catholic Central, and these  
             15       four homeowners were part of that, it would make much  
             16       more sense.  But since Catholic Central does not own  
             17       those four pieces of property, it doesn't seem to be  
             18       the best interest of the residents.   
             19                      I think it should be Master Planned as  
             20       Public at this time.  And no one has given me any  
             21       specific reason why we can't when we again look at  
             22       this in two weeks, and put the zoning as we're  
             23       talking about.  So if we're just looking at the 
 
             24       Master Plan, the best Master Plan use is public and 
 
                                                                        141
 
              1       private schools, and that's Master Planned as  
              2       Public.   
              3                      And I have to ask a question legally:  
              4       Why do we have to Master Plan this site, Mr. Fisher, 
              5       at this time?   
              6                      MR. FISHER:  Just for clarification.  
              7       Do you mean why do we have to change the-  
              8                      MEMBER PAUL:  (Interposing) The Master  
              9       Plan.  
             10                      MR. FISHER:  Basically, what we are  
             11       going to have to do if this school is going to be  
             12       established at this site is, we're going to have to  
             13       change the zoning. 
             14                      MEMBER PAUL:  True.   
             15                      MR. FISHER:  And what we do not want  
             16       to do anymore often than we have to, or than this  
             17       Commission feels that we have to, is we do not want  
             18       to zone in a manner that is inconsistent with the  
             19       Master Plan, because the more you do that, the less  
             20       strength we have in ultimately defending the  
             21       Master Plan and defending the zoning ordinance.  So  
             22       therefore, it is important that we modify the  
             23       Master Plan. 
             24                      MEMBER PAUL:  Maybe this is a question 
 
                                                                        142
 
              1       -- thank you, Mr. Fisher -- for Mr. Evancoe.  
              2                      When Catholic Central comes forward  
              3       and the site plan is complete, what remaining parcels  
              4       would be left under this area for Mr. Pellerito to  
              5       possibly come back in and do something else with in  
              6       the future? 
              7                      MR. EVANCOE:  You know, I don't know  
              8       if Tim knows the answer to that, or perhaps the  
              9       Petitioner.  I'm not real familiar with Mr. Pellerito  
             10       and which parcels he specifically still owns.  I'm  
             11       not able to answer that.   
             12                      MR. SCHMITT:  If I could get the  
             13       overhead briefly.  
             14                      My understanding, currently this is  
             15       the Catholic Central parcel.  Mr. Pellerito currently  
             16       owns this large square parcel located right there.  I  
             17       believe he also owns a parcel further to the west  
             18       that's not located on this map.  Most directly  
             19       adjacent would be this parcel.    
             20                      MR. EVANCOE:  Thanks, Tim. 
             21                      CHAIRPERSON NAGY:  Commissioner Paul,  
             22       you still have the floor.   
             23                      MEMBER PAUL:  Thank you.  As a  
             24       Planning Commission, we have denied a Master Plan 
 
                                                                        143
 
              1       Amendment in the last year that was in a Commercial  
              2       area and refused Residential in this area in a   
              3       combined use.  So to be consistent, this is a concern  
              4       to me.  And right now we're being inconsistent if we  
              5       zone this Residential and let a school facility be  
              6       there.   
              7                      So as a consistent basis for us, I  
              8       really believe we should zone this -- Master Plan  
              9       this, excuse me, as Public, and then we can do the  
             10       zoning when it's appropriate.   
             11                      MEMBER MARKHAM:  Can I ask a question?   
             12                      I just didn't understand what you said  
             13       about being inconsistent.  Could you explain that?  
             14                      MEMBER PAUL:  Yes.  When Singh  
             15       Developoment came forward in a commercial area, they  
             16       wanted to do mixed use and we told them no.  How can  
             17       we zone this as Residential and then put a public  
             18       facility there?  It doesn't make sense.  
             19                      MEMBER MARKHAM:  But a school is  
             20       allowed in a residential area, so I don't see how  
             21       they're the same.  
             22                      CHAIRPERSON NAGY:  You know, I really-  
             23                      MEMBER MARKHAM:  (Interposing) I just  
             24       don't understand it.  
 
                                                                        144
 
              1                      MEMBER PAUL:  This isn't a debate.   
              2       This is my concern. 
              3                      MEMBER MARKHAM:  No.  I'm asking a  
              4       question. 
              5                      MEMBER PAUL:  I understand.  And right  
              6       now what I'm saying is that I know that Residential  
              7       allows for private schools, but so does Public and we  
              8       could zone it back to that.  But currently, to me,  
              9       just a standard Residential zoning does not make  
             10       sense across from Target, with the traffic and how  
             11       that whole site is going to be developed, and there  
             12       is no reason why we can't take this, zone it as  
             13       Public -- I'm sorry, Master Plan this as Public, and  
             14       zone it appropriately so that this site would fit.   
             15       There's no compelling reason I've heard tonight, not  
             16       from anybody.   
             17                      And so to stay consistent, to me, I  
             18       cannot support the motion on the table.  I support it  
             19       as Public, and I want Catholic Central to come  
             20       forward very much, and I would do it in that  
             21       circumstance, and then I would beg the City to amend  
             22       this Master Plan as soon as we can, so that we won't  
             23       have this spot zoning that's obviously necessary.  We  
             24       have three sites before us in one evening.   
 
                                                                        145
 
              1                      I really want to protect these four  
              2       residents very, very, much.  I do not think a  
              3       residential subdivision by any means would be great  
              4       across from Target.  If there was not an exit from  
              5       Target, maybe it wouldn't be so bad.  But you have  
              6       trucks coming in and out of there.  You have lots of  
              7       cars, lots of traffic, and I do not think that's a  
              8       good site.   
              9                      Office, to me, when I look at Office,  
             10       the OST district is most important by a highway.  And  
             11       it's very easily accessible to 96.  So that's not a  
             12       compelling reason to change that from Office.   
             13                      I have one suggestion for the  
             14       Applicant.  I think Carl Wizinsky's property is  
             15       lovely.  That white home would be a lovely home for  
             16       you, Father Elmer.  I would like you to be in there  
             17       so that house could stay, and then in the future, you  
             18       can put the far rear of your property as a football  
             19       stadium.  Lighting would not be a concern.  And I  
             20       know this is pie in the sky with your funding, but  
             21       lighting would not be a concern with business, or  
             22       with Target right next to you.  So that was just a  
             23       friendly suggestion that I wanted to offer to you.  
             24                      MR. SCHMITT:  Just for clarification 
 
                                                                        146
 
              1       sake, I'd like to bring up the Pellerito properties  
              2       again.  Just for the Commission's sake, the Pellerito  
              3       property to the west is currently Master Planned for  
              4       Office, but it's currently zoned R-1, and the 
 
              5       property to the north is Master Planned Light  
              6       Industrial and it's currently zoned that way.   
              7                      I think in terms of consistency sake,  
              8       Mr. Fisher's comments should be kept strongly in  
              9       mind, in that the legal basis for zoning is really  
             10       the Master Plan, and to keep it in consistency gives  
             11       us stronger basis for defending it in the courts.  
             12       Thank you. 
             13                      CHAIRPERSON NAGY:  Thank you,  
             14       Mr. Schmitt.   
             15                      MEMBER PAUL:  I am still in support of  
             16       Public.  Even with those comments, I still think that  
             17       this could work.  I don't think this is a legally  
             18       challengeable problem.  If we want to look at the  
             19       zoning, we can look at B-2.  B-2 has a component for  
             20       public schools.  I would not want to do this actual  
             21       Master Plan Amendment.  Even though it's surrounding  
             22       Master Plan, it does not fit with our whole overall  
             23       flow with Island Lakes being there.  So even though  
             24       that's a closed zoning, I looked at I-2, I looked at 
 
                                                                        147
 
              1       Light Industrial, and the best fit for me is still 
 
              2       Master Planned as Public.  Thank you. 
              3                      CHAIRPERSON NAGY:  Do we have any  
              4       further comments?   
              5                      Mr. Papp.   
              6                      MEMBER PAPP:  I promise to be very  
              7       fast.   
              8                      CHAIRPERSON NAGY:  Oh, you can -- just  
              9       don't talk fast.   
             10                      MEMBER PAPP:  I agree with  
             11       Commissioner Paul.  Looking at the Single Family and  
             12       the Office, the people on Island Lake and Single  
             13       Family realized that the property north of them was  
             14       zoned as Office.  And the purpose of the Master Plan,  
             15       I will read this out of the book, the purpose of the  
             16       Master Plan, R-2, Item Number 6, is to protect the  
             17       property values.   
             18                      I think that's very important to the  
             19       four residents, and I, too, am very concerned about  
             20       the four residents that have their property out  
             21       there.  So I, too, would not be supporting the  
             22       motion.   
             23                      CHAIRPERSON NAGY:  Thank you.  Do we  
             24       have any further comments?  
 
                                                                        148
 
              1                      Then I would like to -- do you have  
              2       any comments, Mr. Schmitt?  
              3                      MR. SCHMITT:  I was expecting you to  
              4       call for the vote.   
              5                      CHAIRPERSON NAGY:  No.  I'd like to  
              6       make a couple of comments.   
              7                      We all want Catholic Central to come  
              8       in.  I think that this is a Master Plan problem.  And  
              9       I feel that what we should be looking at is that the  
             10       Committee, which has been making every effort to work  
             11       on the Master Plan, really hasn't been able to work  
             12       in this area as a whole that much.  And even some of  
             13       us on the Committee that are sitting at the Planning  
             14       Commission, probably will not be seeing eye to eye  
             15       with regard to the Master Plan and this corridor.   
             16                      With that being said, I have a couple  
             17       of questions.  The first question that I have is is   
             18       there sewer out there?  Utility, sewers, everything  
             19       is out there?   
             20                      MR. SCHMITT:  Sewer lines are located  
             21       approximately 100 to 200 feet to the south at the  
             22       Island Lake Development, and water is available at  
             23       the site. 
             24                      CHAIRPERSON NAGY:  Second question I 
 
                                                                        149
 
              1       have, and this is one that I don't think has been  
              2       either asked or even answered is, within the  
              3       recommendation there is a discussion regarding the  
              4       possible impact, and I would like to know how -- this  
              5       might be a poorly phrased question, Mr. Evancoe --  
              6       how is it that there would be more impact if we  
              7       designated Public on the Master Plan rather than  
              8       Single Family?  I don't really see that has been  
              9       answered.   
             10                      MR. EVANCOE:  Okay, thank you.   
             11                      The reason that we say that, is going  
             12       with the presumption that there would be a  
             13       Development Agreement attached to the Public  
             14       designation calling for this zoning to revert back to  
             15       Office, primarily Office and maybe some Light  
             16       Industrial, which is how it's currently zoned.  And  
             17       we feel that those uses are not as compatible with  
             18       existing Single Family, as if this area developed as  
             19       Single Family. 
             20                      CHAIRPERSON NAGY:  I guess that's my  
             21       question though.  Is -- and I don't want to belabor  
             22       this point because I really think we can vote on  
             23       this.  My question is:  How would, if you designated  
             24       this Public use, okay, with the caveat that if DCC is 
 
                                                                        150
 
              1       not built -- well, here's my notes -- with the caveat  
              2       that if DCC is not built, and that at that point you  
              3       would revert back to the designation of the  
              4       Master Plan which is Office and Light Industrial, and  
              5       you would exclude any abutting of -- any abutting  
              6       and/or adjacent property, which would eliminate the  
              7       four, why would you need a Development Agreement?      
              8                      Why can't you just say that you amend  
              9       the Master Plan to Public use designation rather than  
             10       the Single Family, and then you have the caveat that  
             11       in the event that Catholic Central is abandoned  
             12       or rather -- yes, is not built, the Master Plan  
             13       designation reverts to the Master Plan designation in  
             14       our Master Plan, which is dated May 19, 1999, and  
             15       would exclude any and all abutting and/or adjacent  
             16       properties.  And at that point, it would be the  
             17       same.   
             18                      And then you could allow the Master  
             19       Plan Committee at some point to Master Plan that  
             20       whole corridor.  Because that's the problem here, as  
             21       I see it, is that we're not in agreement as to what 
 
             22       should be in that corridor.  It's not that they're  
             23       not in agreement as to Catholic Central, it's the  
             24       corridor.  And as I recall, the Public Enabling Act 
 
                                                                        151
 
              1       doesn't even require us to change the Master Plan.   
              2       Am I incorrect on that? 
              3                      MR. FISHER:  It does not require you  
              4       but it is certainly a recommended- 
              5                      CHAIRPERSON NAGY:  (Interposing)  
              6       Right.  Okay.  So why can't you make a motion to that  
              7       effect, and let's just move on, because I think  
              8       that's the problem that the Commission is having.      
              9                      They're trying to Master Plan this  
             10       area, not just looking at this site.  And there is a  
             11       question, and I think it's a very good legitimate  
             12       question that I've heard somewhere, and this has  
             13       happened in Novi before.  You Master Plan something,  
             14       you rezone it, the next property owner comes in and  
             15       says, hey, I want that too.   
             16                      And I'm not being -- by no means do I  
             17       mean to be offensive, but that's exactly what  
             18       happened when we put in Foxrun Village, is that  
             19       everything after that is coming in and asking for,  
             20       now, a change in rezoning.  And I think that is what  
             21       I'd like to see avoided.  Is let's get on with this,  
             22       make the motion, it can always revert back to the  
             23       original zoning, and let these people go home.    
             24                      I mean, to me it seems pretty simple. 
 
                                                                        152
 
              1       We cannot, as a Commission, I think, Master Plan that  
              2       area at the Commission table.  And why would you have  
              3       to have a Development Agreement, Mr. Fisher, if you  
              4       put in a caveat or a proviso?   
              5                      MR. FISHER:  Well, I think what you're  
              6       saying is that you'd put in a proviso that the  
              7       Commission would later revert, that would be intent.   
              8       It wouldn't automatically revert, because you have to  
              9       have a public hearing and all that.  But what you're  
             10       saying is that you'd have a proviso saying that was  
             11       your intent.   
             12                      CHAIRPERSON NAGY:  Right.  If we could  
             13       -- can you make a motion with a proviso and then not  
             14       have to make these people go through the Development  
             15       Agreement? 
             16                      MR. FISHER:  You could do that, if you  
             17       wish.  
             18                      CHAIRPERSON NAGY:  Why wouldn't it be  
             19       binding?  It would be binding. 
             20                      MEMBER MARKHAM:  Because you have to  
             21       have a public hearing. 
             22                      MR. FISHER:  No, it would not be  
             23       binding because in order to modify the Master Plan,  
             24       you have to go through the procedure set forth in the 
 
                                                                        153
 
              1       statute.   
              2                      CHAIRPERSON NAGY:  Okay.  So correct  
              3       me if I'm wrong.   
              4                      You're saying that if we have a  
              5       proviso, then in order for -- five years from now, in  
              6       order for the Commission to revert back to the  
              7       original Master Plan for land use, which is Office  
              8       and Light Industrial, then we would have to have a  
              9       public hearing then? 
             10                      MR. FISHER:  That's correct. 
             11                      CHAIRPERSON NAGY:  Okay.  Well, that  
             12       to me, is simple.   
             13                      We have the motion on the table.  Does  
             14       anybody have anything else to add?   
             15                      Mr. Avdoulos.   
             16                      MEMBER AVDOULOS:  I guess I'm getting  
             17       sort of confused as to -- the process here is to  
             18       amend the Master Plan to allow Catholic Central to  
             19       locate onto this site.  And a lot of the discussion,  
             20       90 percent of the discussion is what if they don't go  
             21       on the site, what if they don't go on the site.        
             22                      Whether it's Residential or whether  
             23       it's Public, and I think Residential, personally, is  
             24       the way to go, they are going to locate on the site.  
 
                                                                        154
 
              1       Period.   
              2                      And so now, I guess the concern is if  
              3       this is Residential, and correct me if I'm wrong, is  
              4       the concern that these other properties to the north  
              5       are going to ask to be zoned or Master Planned  
              6       residential so they can develop that, or are we  
              7       looking here at allowing Catholic Central to locate  
              8       to this City, locate to this property?  The property  
              9       is unique.  It doesn't set itself up for anything  
             10       other than what Catholic Central is doing, or  
             11       residential because of the large amounts of woodlands  
             12       and wetlands.  
             13                      I think the Master Plan Committee  
             14       reviewed the Residential amendment.  The Public issue  
             15       was brought up last meeting, and it's just been  
             16       throwing confusion into everything.  And I think that  
             17       we are really mucking the waters here, and we're not  
             18       really thinking clearly, in all honesty.  Because we  
             19       say Residential, Catholic Central is going to come  
             20       in, we're going to go through rezoning, we're going  
             21       to go through site plan approval, they'll locate  
             22       here, and then that's it.  They're here.   
             23                      And then the Residential does not harm  
             24       the residences that are right next to it, because 
 
                                                                        155
 
              1       it's Residential.  And if they have a real problem,  
              2       as our last resident indicated they could come in and  
              3       we could see what the City could do to work with  
              4       them.  But I think going Public is really, really,  
              5       confusing things.  It's less clear than a  
              6       Residential, and I'd like the recommendation that the  
              7       Master Plan Committee brought forward.   
              8                      CHAIRPERSON NAGY:  Thank you.   
              9                      I don't want anyone to misunderstand  
             10       my comments.  My comments are that, basically, if you  
             11       make a motion with the proviso that it reverts back  
             12       to the original Master Plan use, which is what it  
             13       seems like everybody is worried about, whether or not  
             14       what's going to happen five years from now or ten  
             15       years from now.  If they don't build, it reverts  
             16       back.  I mean, that to me is so simple.  I don't  
             17       understand why we have to keep discussing this.   
             18                      Commissioner Paul.   
             19                      MEMBER PAUL:  There's a motion on the  
             20       table.  I'm prepared, with whatever happens, to make  
             21       a motion to make this Master Plan Amendment Public,  
             22       and then we can further look at this in two weeks to  
             23       go to Residential with the proviso.  I just want to  
             24       make that clear before the vote is called, because 
 
                                                                        156
 
              1       there is a motion already on the table.   
              2                      MEMBER RUYLE:  A couple of questions. 
              3                      CHAIRPERSON NAGY:  Commissioner  
              4       Markham, did you have anything to say?   
              5                      MEMBER MARKHAM:  Well, I agree with  
              6       Mr. Avdoulos.  We have taken a fairly simple process  
              7       with the developer we know is going to develop, and  
              8       we've delayed it two weeks.  We've created all this  
              9       confusion over something that has a 99.9 percent  
             10       chance of never happening, which is that they won't  
             11       develop.  You know they got the money, the property  
             12       was given to them, why don't we just do the simple  
             13       thing, which is Master Plan it Residential, and get  
             14       on with it.   
             15                      We have spent more time discussing a  
             16       moot point in the last two weeks, I just can't  
             17       believe it, and I'm very frustrated.  And I agree  
             18       with Mr. Ruyle - call for the question, and let the  
             19       chips fall where they may.   
             20                      MR. SCHMITT:  Chairperson Nagy? 
             21                      CHAIRPERSON NAGY:  No. 
             22                      MR. SCHMITT:  Commissioner Papp? 
             23                      MEMBER PAPP:  No. 
             24                      MR. SCHMITT:  Commissioner Paul?
 
                                                                        157
 
              1                      MEMBER PAUL:  No. 
              2                      MR. SCHMITT:  Commissioner Ruyle? 
              3                      MEMBER RUYLE:  Yes. 
              4                      MR. SCHMITT:  Commissioner Shroyer:  
              5                      MEMBER SHROYER:  Yes. 
              6                      MR. SCHMITT:  Commissioner Sprague? 
              7                      MEMBER SPRAGUE:  Yes. 
              8                      MR. SCHMITT:  Commissioner Avdoulos:  
              9                      MEMBER AVDOULOS:  Yes. 
             10                      MR. SCHMITT:  Commissioner Markham? 
             11                      MEMBER MARKHAM:  Yes. 
             12                      MR. SCHMITT:  Motion passes, 5 to 3.  
             13                      CHAIRPERSON NAGY:  I would just like  
             14       to state for the record that my no vote is only  
             15       because I thought someone would put a proviso into  
             16       the motion.  Simply for that reason.   
             17                      MR. RYAN:  Thank you for your time.  
             18       We'll see you in two weeks.    
             19                      MR. FISHER:  Madam Chair, I -- we may  
             20       need -- we need six positive votes for a Master Plan 
 
             21       Amendment.   
             22                      CHAIRPERSON NAGY:  We don't have six  
             23       votes, we only have five.  Two-thirds.   
             24                      MR. FISHER:  Six.  It takes a six 
 
                                                                        158
 
              1       member vote. 
              2                      CHAIRPERSON NAGY:  Member- 
              3                      MEMBER PAUL:  In the matter of Detroit  
              4       Catholic Central High School Master Plan Amendment to  
              5       amend the City of Novi Master Plan for land use, we  
              6       designate the 60-acre property located on the west  
              7       side of Wixom Road and south of Grand River from  
              8       Office and Light Industrial to Single Family  
              9       Residential.   
             10                      I move to amend the Master Plan for  
             11       the 60-acre property to Public use designation with  
             12       the proviso that in the event private school usage is  
             13       abandoned by Detroit Catholic Central, the Master  
             14       Plan designation reverts to the Master Plan  
             15       designation reflected in the Novi 20/20 Master Plan  
             16       dated May 19, 1999 as Office and Light Industrial,  
             17       and to exclude any and all abutting and/or adjacent  
             18       properties for the following reasons:  
 
             19                      Public use designation allows for  
             20       private schools, provides an appropriate transition  
             21       between the residential subdivision to the south from  
             22       Light Industrial to the north and the Commercial to  
             23       the east, to protect property values, and to promote  
             24       a land use pattern that establishes a diversified tax 
 
                                                                        159
 
              1       base.   
              2                      CHAIRPERSON NAGY:  Do we have a second  
              3       to that motion?   
              4                      MEMBER PAPP:  I'll second it.          
              5                      CHAIRPERSON NAGY:  Okay.   
              6                      MR. SCHMITT:  Where did the second  
              7       come from?  I apologize. 
              8                      CHAIRPERSON NAGY:  It came from  
              9       Mr. Papp. 
             10                      Mr. Fisher. 
             11                      MR. FISHER:  Thank you.  I just wanted  
             12       to point out the clarification that the proviso would  
             13       be an expression of intent, rather than an  
             14       automatic.  In other words, it would be the intent  
             15       that you would take action later.  
             16                      CHAIRPERSON NAGY:  Right.  You said  
             17       that if they didn't go in, you could do this five or  
             18       ten years later and they would have to have a public  
             19       hearing.    
             20                      MR. FISHER:  Right.  It would take a  
             21       new hearing, et cetera. 
             22                      CHAIRPERSON NAGY:  Okay.  Mr. Evancoe.  
             23                      MR. EVANCOE:  Thank you, Madam Chair.   
             24       I think I just need to express my concerns about 
 
                                                                        160
 
              1       following up, or following through on that motion.   
              2       Because I think any time you try to pass on an  
              3       obligation to a future Planning Commission whose  
              4       composition is unknown at this time, and a date  
              5       uncertain, I think, you know, we've talked about  
              6       wanting certainty for surrounding property owners,  
              7       and I think this just -- I don't think any of us are  
              8       going to know what's going to happen.   
              9                      It doesn't really resolve anything to  
             10       say that we're going to revert back at some date, and  
             11       we're going to have somebody else to do that.  They  
             12       may not do it.  They may not even be interested in  
             13       discussing the topic three years from now or  
             14       whenever.   
             15                      So I just want to put on the record  
             16       that I have a great concern about that.   
             17                      CHAIRPERSON NAGY:  Thank you for your  
             18       comment.   
             19                      Mr. Schmitt, call for the vote.   
             20                      MR. AVDOULOS:  I have a question. 
             21                      CHAIRPERSON NAGY:  I'm sorry.   
             22       Mr. Avdoulos.   
             23                      MEMBER AVDOULOS:  If this motion  
             24       passes, and there's a rezoning, what is the rezoning;  
 
                                                                        161
 
              1       R-1?   
              2                      MR. SCHMITT:  The rezoning will not  
              3       change.  The rezoning will still come forward as an  
              4       R-1 rezoning.                 
              5                      MEMBER AVDOULOS:  In a Public- 
              6                      MR. SCHMITT:  Yes.   
              7                      CHAIRPERSON NAGY:  Call for the vote,  
              8       please.  
              9                      MR. SCHMITT:  Commissioner Papp?        
             10                      MEMBER PAPP:  Yes. 
             11                      MR. SCHMITT:  Commissioner Paul? 
             12                      MEMBER PAUL:  Yes. 
             13                      MR. SCHMITT:  Commissioner Ruyle? 
             14                      MEMBER RUYLE:  No. 
             15                      MR. SCHMITT:  Commissioner Shroyer:  
             16                      MEMBER SHROYER:  No. 
             17                      MR. SCHMITT:  Commissioner Sprague?  
             18                      MEMBER SPRAGUE:  No. 
             19                      MR. SCHMITT:  Commissioner Avdoulos?  
             20                      MEMBER AVDOULOS:  No. 
             21                      MR. SCHMITT:  Commissioner Markham? 
             22                      MEMBER MARKHAM:  No. 
             23                      MR. SCHMITT:  Commissioner Nagy? 
             24                      CHAIRPERSON NAGY:  Yes.
 
                                                                        162
 
              1                      MR. SCHMITT:  Motion failed, 3 to 5.  
              2                      CHAIRPERSON NAGY:  Oh, my goodness. 
              3                      MEMBER MARKHAM:  State your motion but  
              4       add her proviso. 
              5                      MEMBER RUYLE:  That's what I'm going  
              6       to do.   
              7                      CHAIRPERSON NAGY:  Okay.  Mr. Ruyle.    
              8                      MEMBER RUYLE:  I'm going to go back to  
              9       the same motion that I made prior.   
             10                      In the matter of Catholic Central High  
             11       School Master Plan Amendment, to amend the City of  
             12       Novi Master Plan for land use to designate the  
             13       60-acre property located on the west side of  
             14       Wixom Road, south of Grand River, from Office and  
             15       Industrial to Single Family Residential, motion to  
             16       approve Catholic Central High School Master Plan  
             17       Amendment and -- what do you call it, a proviso?   
             18                      CHAIRPERSON NAGY:  Proviso.   
             19                      MEMBER RUYLE:  (Continuing) - a  
             20       proviso.  That is, if Catholic Central does not build  
             21       on this property, it will revert back to the original  
             22       zoning.   
             23                      CHAIRPERSON NAGY:  Would you like to  
             24       include the verbiage of Ms. Paul?  
 
                                                                        163
 
              1                      MEMBER RUYLE:  As what?  
              2                      CHAIRPERSON NAGY:  As the original  
              3       Master Plan designation.  We can just insert that. 
              4                      MEMBER RUYLE:  As long as it doesn't  
              5       say Public, I don't care.  
              6                      CHAIRPERSON NAGY:  You're adding to  
              7       your motion a proviso.   
              8                      Is there a second to that motion? 
              9                      MR. FISHER:  Hold on.  Again, it's the  
             10       same comment.  It would really be an expression of  
             11       intent.                  
             12                      MEMBER RUYLE:  Right.  Expression of  
             13       intent.  Nothing more than that. 
             14                      MR. FISHER:  Thank you. 
             15                      MEMBER AVDOULOS:  I'll support the  
             16       motion. 
             17                      MR. EVANCOE:  I think the terminology  
             18       may have been mixed there.  I think Commissioner  
             19       Ruyle indicated zoning at the end of his motion.   
             20                      MEMBER RUYLE:  If I did, take zoning  
             21       out.  Master Plan Amendment.   
             22                      CHAIRPERSON NAGY:  It is a Master Plan 
 
             23       Amendment.  If we could just make sure that-  
             24                      MEMBER RUYLE:  All I want is a Master 
 
                                                                        164
 
              1       Plan Amendment.  Nothing about zoning.  Will you  
              2       accept that as a second?  
              3                      MR. AVDOULOS:  Yes, sir.   
              4                      CHAIRPERSON NAGY:  Are you amending  
              5       her motion to include the proviso?   
              6                      MEMBER RUYLE:  Yes.  I'm putting the  
              7       proviso in there.  But I don't want the word Public  
              8       in there at all. 
              9                      CHAIRPERSON NAGY:  No.  It's not.  You  
             10       already said no.   
             11                      Okay.  With that, can we call for the  
             12       motion, please -- I mean for the vote.  
             13                      MR. SCHMITT:  Commissioner Paul? 
             14                      MEMBER PAUL:  Yes. 
             15                      MR. SCHMITT:  Commissioner Ruyle? 
             16                      MEMBER RUYLE:  Yes. 
             17                      MR. SCHMITT:  Commissioner Shroyer? 
             18                      MEMBER SHROYER:  Yes.   
             19                      MR. SCHMITT:  Commissioner Sprague? 
             20                      MEMBER SPRAGUE:  Yes. 
             21                      MR. SCHMITT:  Commissioner Avdoulos:    
             22                      MEMBER AVDOULOS:  Yes. 
             23                      MR. SCHMITT:  Commissioner Markham? 
             24                      MEMBER MARKHAM:  Yes.
 
                                                                        165
 
              1                      CHAIRPERSON NAGY:  Chairperson Nagy?  
              2                      CHAIRPERSON NAGY:  Yes. 
              3                      MR. SCHMITT:  And Commissioner Papp?    
              4                      MEMBER PAPP:  Yes.  
              5                      MR. SCHMITT:  The motion passes  
              6       8 to 0.   
              7                      CHAIRPERSON NAGY:  Thank you very  
              8       much. 
              9                      MR. RYAN:  Thank you again.  Still see  
             10       you in two weeks.       
             11                                (A brief recess was taken.) 
             12                      CHAIRPERSON NAGY:  I'd like to call  
             13       the meeting back to order.   
             14                      MR. EVANCOE:  Madam Chair?  
             15                      CHAIRPERSON NAGY:  Yes, Mr. Evancoe.    
             16                      MR. EVANCOE:  May I, just before you  
             17       continue on to the Twelve Mile and Napier.  I want to  
             18       offer a very sincere thanks to the Commission -- this  
             19       was a struggle, this last case.  We know it was a  
             20       struggle and I just appreciate everybody's serious  
             21       dedication to coming up with a solution.  And I think  
             22       we all deserve a thanks, so. 
             23                      CHAIRPERSON NAGY:  Yes.  Thank you  
             24       very much. 
 
                                                                        166
 
              1                      MEMBER RUYLE:  Madam Chair, I make a  
              2       motion that we extend the meeting beyond the 11:30 
 
              3       deadline to complete the Agenda.    
              4                      CHAIRPERSON NAGY:  All in favor say  
              5       aye.   
              6                      ALL MEMBERS:  Aye.   
              7                      CHAIRPERSON NAGY:  Our next Matter for  
              8       Consideration is the Twelve Mile-Napier Study.         
              9                      Mr. Fisher.  
             10                      MR. FISHER:  Thank you, Madam Chair.    
             11                      I very much appreciate that this  
             12       matter has been added to the Agenda, and you have at  
             13       your places, each of you, a proposed resolution.       
             14                      This relates to property which has  
             15       been subjected to litigation in the City for some 15  
             16       years or longer, and we now have a little bit of a  
             17       window of opportunity, in the sense that we are  
             18       between cases.                  
             19                      There have been three cases or more  
             20       filed in this matter, and we're between cases.  And  
             21       obviously, when the next case is started, two things 
 
             22       will happen: number one, there will be negotiations  
             23       for settlement, which the judge will require us to  
             24       engage in; and number two, it would be very nice if 
 
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              1       we could do something that would obviate the  
              2       litigation, to side track the litigation and settle  
              3       it in another manner.   
              4                      And basically, in the litigation the  
              5       property owner is suggesting that the OS-2 district  
              6       does not provide a reasonable use of the land.  If we  
              7       are going to negotiate for a settlement, it would be  
              8       certainly an enhancement to have the Planning  
              9       Commission's input and have studied, in the customary  
             10       fashion, so that if we did negotiate, we would have  
             11       the benefit of that input.  But even more  
             12       immediately, if we could arrive at a use that was  
             13       reasonable for the property, and I'm just assuming  
             14       that OS-2 isn't, but I'm not positive of that either, 
 
             15       maybe it is a reasonable use.  But in the event that  
             16       we can come up with a use that is concluded to be  
             17       reasonable, and the developer recognized that there  
             18       was no reason to pursue a suit any further, we would  
             19       have done a good service for the community.   
             20                      And so what I'm suggesting here is  
             21       that we merely refer this to the Master Plan Zoning  
             22       Committee for study purposes, to ascertain whether we  
             23       can find an appropriate use for this land. 
             24                      CHAIRPERSON NAGY:  Are you really sure 
 
                                                                        168
 
              1       you want to do that?   
              2                      MR. FISHER:  And it can be with or  
              3       without a proviso.   
              4                      CHAIRPERSON NAGY:  Thank you.   
              5                      MR. EVANCOE:  Madam Chair, does  
              6       everybody on the Commission know what property we're  
              7       talking about?  If not, I'm prepared to show it here. 
              8                      CHAIRPERSON NAGY:  I think that would  
              9       be very good to have a visual effect.   
             10                      MR. EVANCOE:  If we could have the  
             11       overhead come on.   
             12                      We're talking about this property in  
             13       the far northwest corner of the City.  Here is the  
             14       property we just dealt with.  Here is the one that  
             15       Jerry is referring to, Mr. Fisher.   
             16                      CHAIRPERSON NAGY:  May I ask a  
             17       question; what exactly does that person want?   
             18                      MR. FISHER:  Well, in the litigation  
             19       they're asking for a mobile home park.  
             20                      CHAIRPERSON NAGY:  Thank you.   
             21                      MEMBER RUYLE:  This has been going on  
             22       for 15, 20 years.  It's a joke.  
             23                      CHAIRPERSON NAGY:  So, with that, we  
             24       need a motion for someone to refer this to the Master 
 
                                                                        169
 
              1       Plan Committee.   
              2                      MR. FISHER:  It would really be to  
              3       adopt this resolution.   
              4                      CHAIRPERSON NAGY:  To adopt this  
              5       resolution.  I'm sorry. 
              6                      Mr. Ruyle.   
              7                      MEMBER RUYLE:  Be resolved that the  
              8       subject of the appropriate planning and zoning of the  
              9       land designated as Twelve Mile - Napier-  
             10                      MR. FISHER:  (Interposing) Mr. Ruyle,  
             11       you can merely make a motion to approve the  
             12       resolution.   
             13                      MEMBER RUYLE:  Okay, that's fine.  I  
             14       make a motion to approve the resolution as written.   
             15                      MEMBER PAUL:  I'll second it.   
             16                      CHAIRPERSON NAGY:  Commissioner Paul  
             17       seconds the motion.   
             18                      I think that we should take a roll for  
             19       this one:   
             20                      MR. SCHMITT:  Commissioner Ruyle? 
             21                      MEMBER RUYLE:  Yes.   
             22                      MR. SCHMITT:  Commissioner Shroyer?   
             23                      MEMBER SHROYER:  Yes. 
             24                      MR. SCHMITT:  Commissioner Sprague?
 
                                                                        170
 
              1                      MEMBER SPRAGUE:  Yes. 
              2                      MR. SCHMITT:  Commissioner Avdoulos?  
              3                      MEMBER AVDOULOS:  Yes. 
              4                      MR. SCHMITT:  Commissioner Markham?     
              5                      MEMBER MARKHAM:  Yes. 
              6                      MR. SCHMITT:  Chairperson Nagy?   
              7                      CHAIRPERSON NAGY:  Yes.  
              8                      MR. SCHMITT:  Commissioner Papp?        
              9                      MEMBER PAPP:  Yes.   
             10                      MR. SCHMITT:  Commissioner Paul?        
             11                      MEMBER PAUL:  Yes.   
             12                      MR. SCHMITT:  Motion passes 8 to 0.  
             13                      CHAIRPERSON NAGY:  Thank you very  
             14       much. 
             15                      MR. FISHER:  Thank you. 
             16 MATTERS FOR DISCUSSION       
             17                      CHAIRPERSON NAGY:  We move on to  
             18       Matters for Discussion.  The first item is something  
             19       that I asked to be put on, which is a discussion on  
             20       subcommittee meeting dates, and I'm referring to  
             21       Budget, Capital Improvements.  And I think at one  
             22       point Mr. Shroyer talked about yearly calendar  
             23       committee meetings.  Although, I think maybe yearly  
             24       calendar, I'm thinking about, may be a little too 
 
                                                                        171
 
              1       much because sometimes we have one, sometimes we have  
              2       two, sometimes we have none.  So my greatest concern,  
              3       with all due respect, is the Budget and Capital  
              4       Improvements.  And I'd like to see those two  
              5       committees meet and start working on those things,  
              6       because we end up having the budget for the Council  
              7       that starts in, what, April?   
              8                      MR. EVANCOE:  Well, the budget process  
              9       starts even sooner than that, really.  Maybe in  
             10       March, and it ends up getting adopted in June.   
             11                      If I may, just for a moment while I  
             12       have the floor, I think that Beth Brock from my  
             13       office was intending on convening those committees in  
             14       January, along the lines of what I think you're  
             15       hoping to do is to get started soon, so. 
             16                      CHAIRPERSON NAGY:  Okay.  You know,  
             17       then real soon in January, because I think there was  
             18       a point where I was on the Commission, and we didn't  
             19       really even do the Capital Improvements, and since  
             20       we're charged by statute to do that, I would like to  
             21       make sure the Capital Improvements and Budget  
             22       Committee meet.  Those are all the comments I have. 
             23                      Mr. Shroyer, don't -- I'm kidding you. 
             24                      Mr. Shroyer.
 
                                                                        172
 
              1                      MEMBER SHROYER:  Well, I'll tack onto  
              2       that because it was the original intent of my request  
              3       on the yearly meeting, to have all subcommittees have  
              4       specified dates and times, whether it be a quarterly  
              5       meeting or a bimonthly meeting or whatever.  I know I  
              6       serve on four subcommittees, and in the year that 
 
              7       I've been here, we've only -- one of the committees  
              8       that I serve on has met.  None of the other three  
              9       have.  And until we have it, you know, on the  
             10       calendar, I don't think we're going to meet, because  
             11       everybody is so busy.  We're going our own way and we  
             12       don't think about it unless it's brought up.   
             13                      The Capital Improvements is obviously  
             14       very, very, important.  The Budget Committee is very,  
             15       very, important as well.  But we've always discussed  
             16       rules that need to be changed.  We've talked about  
             17       other items that need to be discussed, and I'd still  
             18       like to see the subcommittee meetings, meeting dates  
             19       and times, set on our master calendar.  Thank you. 
             20                      CHAIRPERSON NAGY:  All right.  I think  
             21       that's something that can be worked out.  And if  
             22       there's no further discussion, I'd like to move to  
             23       Item Number 2, unless someone has any comments.        
             24            If not, Item Number 2.  Commissioner Markham.  
 
                                                                        173
 
              1                      MEMBER MARKHAM:  Thank you, Madam  
              2       Chair.   
              3                      In our packet from last week, I think,  
              4       or in that brown envelope that we got, was this flier  
              5       from American Planning Association, the best of  
              6       Contemporary Community Planning.  And in it, they  
              7       suggest they have CD rom package that was developed  
              8       from the APA meeting that was held in the spring. And  
              9       there are nine modules in here that they have on CD  
             10       rom, that you can buy for $245.   
             11                      The topics are pretty good, and I was  
             12       wondering if the City could entertain, potentially,  
             13       buying this package and then it would be available  
             14       for us, or new Planning Commissioners, as training  
             15       tools.  They're all about an hour, if you want to go  
             16       through one of those modules, as well as residents.  
             17       Maybe it's something we can do on a regular basis.  
             18       There are nine different ones.  For example, there's  
             19       one on Effective Capital Improvements Programing.   
             20       You know, how that can -- how a good Capital  
             21       Improvement Program can be developed.  And I think if  
             22       we make improvements in that, we'd certainly pay for  
             23       the $245 that we spend.  So I would like to suggest  
             24       that we might want that think about that.             
 
                                                                        174
 
              1                      I'd rather sit through these at my  
              2       convenience then try to go, actually, to the  
              3       conference wherever it may be held, you know.  
              4                      CHAIRPERSON NAGY:  We're not budgeted- 
              5                      MEMBER MARKHAM:  (Interposing) And  
              6       we're not budgeted for those anyway.   
              7                      CHAIRPERSON NAGY:  Can I just  
              8       interject one comment before you go on.   
              9                      There are on -- for those of us, and  
             10       most of us here, I'm sure, all have computers.  There  
             11       are a lot of web sites that you can go to for free  
             12       information.  There's also an IGA, is that it?  Or IG  
             13       something or other, if you're hooked up through the  
             14       City, you have this password and you can, you know,  
             15       you have all this information from Planning.  Do you  
             16       know what I'm talking about, Mr. Evancoe?             
             17                      MR. EVANCOE:  Well, there is an  
             18       organization that the City Manager belongs to called  
             19       the Innervations Group- 
             20                      CHAIRPERSON NAGY:  That's it, that's  
             21       it.   
             22                      MR. EVANCOE:  -and they do have a lot  
             23       of good information.  And of course the APA web site  
             24       is a wonderful resource.  All kinds of interesting 
 
                                                                        175
 
              1       things there.   
              2                      If I may, those of us that did  
              3       attend the Chicago conference received, at least I  
              4       did, and I assume that Commissioner Kocan and  
              5       Chairperson Nagy probably received a CD rom this  
              6       week -- did you not?  Okay.  I did receive my council  
              7       -- what am I trying to say -- conference proceedings  
              8       CD this week, and you should receive yours too.  But  
              9       I'd be glad to share that with anybody that would  
             10       like to see it.  I haven't opened it up yet, but I  
             11       believe it has the whole Chicago conference.  
             12                      MEMBER MARKHAM:  Maybe this is what  
             13       this is.  
             14                      MR. EVANCOE:  I think it might.  I'd  
             15       like to see what you have, if I could look at that  
             16       later, but it may be that very thing. 
             17                      CHAIRPERSON NAGY:  Okay.  I think  
             18       that's a good idea.   
             19                      Mr. Papp.   
             20                      MEMBER PAPP:  Is there a list of web  
             21       sites that you might recommend that we could look at?   
             22                     MR. EVANCOE:  I would be glad to put  
             23       one together.   
             24                      MEMBER PAPP:  Excuse me, Mr. Schmitt?
 
                                                                        176
 
              1                      MR. SCHMITT:  Just having come out of  
              2       graduate school, I could certainly put one together.  
              3       A long list of planning references for you.   
              4                      CHAIRPERSON NAGY:  Could you, like in  
              5       put that in written form and then maybe just include  
              6       it in our next packet?  
              7                      MR. EVANCOE:  Be happy to. 
              8                      MR. SCHMITT:  Not a problem. 
              9                      We don't have a very good web site for  
             10       our Planning Department.   
             11                      CHAIRPERSON NAGY:  Okay.  Any further  
             12       discussion?   
             13                      If not-  
             14                      MEMBER PAPP:  I'd just like to say  
             15       that the City's web site is very easy to use, and I  
             16       use it quite often to look up ordinances and stuff,  
             17       so it's a very good site.   
             18                      CHAIRPERSON NAGY:  Okay.  With that,  
             19       are there any special reports?   
             20                      MR. EVANCOE:  Not from the staff, no.  
             21                           (Brief discussion off the          
             22                           record.) 
             23                      CHAIRPERSON NAGY:  Is there anyone in 
             24       the audience that would like to address the 
 
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              1       Commission? 
              2                      Seeing no one, I will close the  
              3       audience participation. 
              4                      MEMBER RUYLE:  Move for adjournment. 
              5                      CHAIRPERSON NAGY:  All in favor say  
              6       aye. 
              7                      ALL MEMBERS:  Aye. 
              8                      CHAIRPERSON NAGY:  Meeting adjourned  
              9       at 11:29 p.m.                      
             10                           (Above proceedings ended at 
             11                           11:29 p.m.) 
             12                            _ _ _ 
             13 
             14 
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             16 
             17 
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              1 
              2 
              3                      I, MAUREEN A. HARAN, do hereby certify  
              4       that I have recorded stenographically, the  
              5       proceedings had and the testimony taken in the  
              6       above-entitled matter, at the time and place  
              7       hereinbefore set forth; and I do further certify that  
              8       the foregoing transcript, consisting of 179 (one  
              9       hundred seventy-nine pages), is a full, true and  
             10       correct transcript of my stenographic notes.   
             11 
             12 
             13 
             14 
             15       Signature on File 
             16       Maureen A. Haran, C.S.R. 3606 
             17 
             18       December 12, 2003 
             19       (Date) 
    								Signature on File 
    								Donna Howe 
    		Date Approved:  January 29, 2003 
             20 
             21 
             22 
             23 
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