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PLANNING COMMISSION
REGULAR MEETING
ACTION SUMMARY
WEDNESDAY, OCTOBER 27, 2004 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER
45175 W. TEN MILE, NOVI, MI 48375
(248) 347-0475

CALL TO ORDER

The meeting was called to order at or about 7:30 p.m.

ROLL CALL

Present: Members John Avdoulos, Victor Cassis, Richard Gaul, Lynn Kocan, David Lipski, Mark Pehrson, Lowell Sprague, Wayne Wrobel

Absent: Member Andrew Gutman

Also Present: Barbara McBeth, Director of Planning; Tim Schmitt, Planner; Darcy Schmitt, Planner; Lance Shipman, Landscape Architect; Ben Croy, Civil Engineer; Dave Gillam, City Attorney

PUBLIC HEARINGS

1. MASTER PLAN FOR LAND USE

The purpose of the Public Hearing is for the City of Novi Updated Master Plan For Land Use.

The Planning Commission took an informal vote to hold a special meeting for the Master Plan review and adoption on December 1, 2004 at 7:30 p.m. The adoption will require a vote of six. There will be a Public Notice because it will be a special meeting.

2. THE PRESERVE RUD, SITE PLAN NUMBER 03-46

Public Hearing on the request of Terra Libra, LLC for Preliminary Site Plan, Woodland Permit, Wetland Permit and Storm Water Management Plan approval. The subject property is located in section 30 on the north side of Nine Mile, east of Napier Road in the R-A (Residential Acreage) District. The Applicant is proposing to construct a 70-unit site condominium with RUD option. The subject property is approximately 111.280 acres.

In the matter of the request of Robert J. Halso of Terra Libra, LLC for the Preserve, SP03-46b, motion to approve the Preliminary Site Plan subject to: 1) A Planning Commission finding that the Preliminary Site Plan conforms substantially to the RUD Plan and RUD Agreement, for the reasons indicated in the Planning Review; 2) A Planning Commission Waiver for use of a screen wall in lieu of the required four foot berm along Nine Mile; 3) A Planning Commission Waiver for twelve trees along Nine Mile due to the Applicant’s desire to preserve existing natural features that would prevent the placement of additional trees; 4) The Staff and Applicant reconsidering the geometry of the proposed eight-foot wide trail system to be redirected across the wetland per Dr. Tilton’s description; 5) The Staff receiving input from Police and Fire regarding the safety of the path (and a subsequent update to the Planning Commission) 6) The comments on the attached review letters being addressed at the time of the Final Site Plan review; and 7) The Applicant has agreed to dedicate 43 feet for future Nine Mile Right of Way purposes and the City, through the Planning Commission, accepts that offer; for the reasons that the plans meet the general requirements of the RUD and the requirements of the Zoning Ordinance. Motion carried 8-0.

In the matter of the request of Robert J. Halso of Terra Libra, LLC for the Preserve, SP03-46b, motion to approve the Woodland Permit, for the reasons that it meets the City’s Woodland Protection Ordinance and the project layout links all on-site and off-site woodland areas, allowing travel lanes for wildlife. Motion carried 8-0.

In the matter of the request of Robert J. Halso of Terra Libra, LLC for the Preserve, SP03-46b, motion to approve the Wetland Permit for the reason that it meets the City of Novi’s Wetland and Watercourse Protection Ordinance as stated in the Zoning Ordinance. The Applicant is required to include in The Preserve’s By-laws, language requesting the homeowners not to use phosphorous fertilizers within 25 feet of the wetlands. Motion carried 8-0.

In the matter of the request of Robert J. Halso of Terra Libra, LLC for the Preserve, SP03-46b, motion to approve the Stormwater Management Plan subject to the Consultants’ letters, for the reason that it meets the general requirements of the Stormwater Management Ordinance. Motion carried 8-0.

3. INFINITY MEDICAL, SITE PLAN NUMBER 04-34

Public Hearing on the request of J.B. Donaldson Company for Preliminary Site Plan, Wetland Permit, Woodland Permit and Stormwater Management Plan approval. The subject property is located in Section 12 on the west side of Haggerty Road, north of Twelve Mile in the OST, Planned Office Service Technology District. The project proposes a 42,064 square foot two-story building for medical use on a five acre site.

In the matter of the request of JB Donaldson Co. for Infinity Medical, SP04-34a, motion to grant approval of the Preliminary Site Plan subject to: 1) A Planning Commission finding for modification of the side yard parking setback requirements from twenty feet to 17.4 feet on the south side yard, and five feet on the north side yard, based on the proposed setbacks not reducing the total area of setbacks on the site below the minimum setback requirements (2,000 square feet of deficient parking setback and a surplus of 48,000 square feet of parking setback at the rear of the site); 2) A Planning Commission Waiver for the screening of the loading area based on the loading area location near the rear southwest corner of the building abutting OST zoned property to the south (evergreens are proposed along the entire property line adjacent to the loading area); 3) A ZBA variance of 34.8 feet for the building setback on the south side of the property (15.2 feet proposed, fifty feet required);

4) The comments on the attached review letters being addressed at the time of the Final Site Plan review; 5) Consideration of a Preservation Easement or determination that that the woodlands will not be developed; 6) The Applicant’s use of parking lot lighting not to exceed 25 feet in height; and 7) The Applicant contributing to the tree fund in lieu of planting the perimeter trees on the northern boundary of the parking lot (the area proposed for the variance); for the reasons that the plan does meet the intent of the surrounding area and is compliant with the Master Plan for Land Use. Motion carried 7-0.

In the matter of the request of JB Donaldson Co. for Infinity Medical, SP04-34a, motion to grant approval of the Wetland Permit subject to the comments on the attached review letters being addressed at the time of the Final Site Plan review, for the reason that it is compliant with City’s wetland standards. Motion carried 7-0.

In the matter of the request of JB Donaldson Co. for Infinity Medical, SP04-34, motion to grant approval of the Woodland Permit subject to: 1) The comments on the attached review letters being addressed at the time of the Final Site Plan review; and 2) the Applicant working with the City to reduce the impingement on the swale on the property; for the reason that it meets the standards of the City’s woodland permit standards. Motion carried 7-0.

In the matter of the request of JB Donaldson Co. for Infinity Medical, SP04-34, motion to grant approval of the Stormwater Management Plan subject to the comments on the attached review letters being addressed at the time of the Final Site Plan review, for the reason that the plan meets the City’s Stormwater Management Plan standards. Motion carried 7-0.

4. BOLINGBROKE SITE CONDOMINIUMS, SITE PLAN NUMBER 04-43

Public Hearing on the request of Singh Development Company for Preliminary Site Plan, Woodland Permit and Storm Water Management Plan approval. The subject property is located at the intersection of Novi and Old Novi Roads, north of 12˝ Mile and is zoned R-4, Single Family Residential. The Applicant is proposing to develop the 19.783 acre parcel with 46 single family, detached, residential site condominiums.

In the matter of the request of Singh Development Company for Bolingbroke, SP04-43, motion to grant approval of the Preliminary Site Plan subject to: 1) A Design and Construction Standards Waiver for the meandering sidewalk along 12˝ Mile in order to preserve the existing woodlands; 2) A Planning Commission Waiver for the right-of-way berm along 12˝ Mile in order to preserve existing woodlands and character of the road; 3) Resolution of outstanding woodland issues, not limited to but should include the determination of final tree placement, which trees are to remain on the site that are currently dead, and maintaining and further enhance the "purple" areas on the site plan; 4) The Applicant working with the City to determine the best methodology for grading the road to an acceptable twenty-foot standard section from the entrance to Novi Road, along 12˝ Mile, if it does not impact the natural tree line, set to the current Novi Design and Construction standards; and 5) Reduction of the berm requirement at the southeast corner at the location of the detention basin due to the changes in elevation; for the reasons that the plan is consistent with the current zoning and Master Plan for Land Use. Motion carried 6-0.

In the matter of the request of Singh Development Company for Bolingbroke, SP04-43, motion to grant approval of the Woodland Permit subject to: 1) The resolution of the outstanding issues; 2) The comments on the attached review letters; 3) The addition of the preservation area is to include lot 35; 4) The Applicant working with the Woodland Consultant on the placement of the tree protection fencing and additional woodland replacements; and 5) The Applicant providing the additional preservation as depicted in purple on the plan that was brought to the meeting; for the reason that it meets the intent of the City’s Woodland Ordinance. Motion carried 6-0.

In the matter of the request of Singh Development Company for Bolingbroke, SP04-43, motion to grant approval of the Stormwater Management Plan subject to the comments on the attached review letters being addressed at the time of the Final Site Plan review. Motion carried 6-0.

MATTERS FOR CONSIDERATION

1. NOVI FAMILY FUN PARK, SITE PLAN NUMBER 03-57

Consideration on the request of Jeffery Wainwright of Secure Development for a Planning Commission determination regarding a proposed "cultured rock waterfall" as part of the Novi Family Fun Park. The subject property is located on the south side of Grand River Avenue between Taft and Beck roads. The subject site is approximately 10.53 acres.

Motion to accept the additional information being received from the Applicant regarding cultured rock waterfalls, the placement of which is not in the corner clearance and is not in the setback area. The Applicant needs to submit a revised Final Site Plan. Motion carried 6-0.

ADJOURNMENT

The meeting adjourned at 12:34 a.m.

SCHEDULED AND ANTICIPATED MEETINGS

MON 11/08/04 CITY COUNCIL MEETING 7:30 PM

TUE 11/09/04 ZONING BOARD OF APPEALS 7:30 PM

WED 11/10/04 PLANNING COMMISSION MEETING 7:30 PM

THU 11/11/04 CITY OFFICES CLOSED

MON 11/15/04 IMPLEMENTATION COMMITTEE 6:00 PM

MON 11/22/04 CITY COUNCIL MEETING 7:30 PM

THU-FRI 11/24-11/25 CITY OFFICES CLOSED

MON 12/06/04 CITY COUNCIL MEETING 7:30 PM

TUE 12/07/04 ZONING BOARD OF APPEALS 7:30 PM