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PLANNING COMMISSION
REGULAR MEETING
ACTION SUMMARY
WEDNESDAY, SEPTEMBER 28, 2005 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 Victor Cassis, Andrew Gutman, Lynn Kocan, David Lipski, Mark Pehrson, Wayne Wrobel

Absent: John Avdoulos (excused), Michael Meyer (excused)

Also Present: Barbara McBeth, Director of Planning; Tim Schmitt, Planner; Jason Myers, Planner; Lance Shipman, Landscape Architect; Ben Croy, Civil Engineer; Dr. John Freeland Wetland Consultant; Larry DeBrincat, Woodland Consultant; Doris Hill, Woodland Consultant; David Gillam, City Attorney

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

AUDIENCE PARTICIPATION

CORRESPONDENCE

COMMITTEE REPORTS

PLANNING DIRECTOR REPORT

CONSENT AGENDA - REMOVALS AND APPROVAL

PUBLIC HEARINGS

1. ZONING MAP AMENDMENT 18.656

Public Hearing on the request of Todd Rosenzweig for possible recommendation to City Council for Zoning Map Amendment 18.656, rezoning of property in Section 1, south of Fourteen Mile Road, between the M-5 connector and Novi Road, from RA, Residential Acreage, to R-4, One Family Residential District. The subject property is approximately 10 acres.

In the matter of the request of Zoning Map Amendment 18.656 for Todd Rosenzweig, motion to recommend denial to City Council to rezone the subject property from R-A to R-4, for the following reasons: 1) The traffic impacts already in the area, which need to be addressed prior to increasing density in this area; 2) The possibility of a PRO, which is an option and would solidify a plan which could control density and preservation; and 3) With the understanding that this request could be readdressed at a future time when the City has more information regarding future traffic measures to be taken in the area. Motion carried 6-0.

In the matter of the request of Todd Rosenzweig, motion to recommend denial on Zoning Map Amendment 18.656, from R-A to R-4, with the following comments: 1) Traffic impacts should be mitigated prior to rezoning; 2) The possibility of a PRO to control density and preservation; and 3) The issue could be re-addressed at a future time when additional traffic information is provided. Motion carried 6-0.

2. ORCHARD HILLS NORTH, SITE PLAN NUMBER 05-05A

Public Hearing on the request of Claudio Rossi of Mirage Development for Preliminary Site Plan, Woodland Permit, Wetland Permit, and Storm Water Management Plan approval. The subject property is located in Section 26, south of Ten Mile Road, between Meadowbrook Road and the CSX Railroad Tracks, in the R-4, One Family Residential District. The applicant is proposing to develop the 9.1 acre parcel for 12 single-family residential site condominiums.

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to grant approval of the Preliminary Site Plan, subject to: 1) The modification of the plans to preserve additional woodlands to the extent feasible, which includes the removal of Lot 3, to maintain the intent and integrity of the Woodland Ordinance; 2) A City Council Waiver for the lack of sidewalk on the south side of the proposed Doncaster Drive; 3) A City Council Design and Construction Standards Waiver for the length of the proposed cul-de-sac without a secondary point of access (975 feet proposed vs. 800 feet permitted); 4) A Planning Commission Waiver for the lack of a berm adjacent to Novi Ridge Apartments, with the inclusion of additional evergreens; 5) A Planning Commission Waiver for the right-of-way berm and plantings in those areas along Ten Mile with substantial wetlands up against Ten Mile; 6) A Planning Commission Waiver for street trees in those areas along Ten Mile with substantial wetlands; 7) Modification of plans to include the berm adjacent to Orchard Hills Elementary School, with the understanding that the berm will not be 4.5 feet high but needs to be three feet high; and 8) With regard to these landscaping issues, the Applicant will continue to work with Staff regarding the landscaping; for the reason that this is an R-4 subdivision and the development that is being proposed with the removal of the one lot does maintain all of the intent and integrities of the Ordinance. Motion carried 6-0.

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to approve the Preliminary Site Plan subject to: 1) The modification of the plans to preserve woodlands to the extent feasible by eliminating Lot 3; 2) A City Council Waiver for the lack of sidewalk on the south side of the proposed Doncaster Drive; 3) A City Council Waiver for the length of the proposed cul-de-sac without a secondary point of access (975 feet proposed vs. 800 feet permitted); 4) A Planning Commission Waiver for the lack of a berm adjacent to Novi Ridge Apartments, with additional evergreens proposed on the Final Site Plan submittal; 5) A Planning Commission Waiver for the right-of-way berm and plantings in those areas along Ten Mile with substantial wetlands; 6) A Planning Commission Waiver for street trees in those areas along Ten Mile with substantial wetlands; 7) Modification of plans to include a three-foot high berm adjacent to Orchard Hills Elementary School; and 8) The Applicant continuing to work with the Staff on the landscaping; for the reason that the development, with the removal of Lot 3, meets the intent of the Zoning Ordinance. Motion carried 6-0.

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to grant approval of the Wetland Permit for the reason that the plan meets the intent of the Ordinance. Motion carried 6-0.

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to approve the Wetland Permit subject to all comments in the staff and consultant review letters, for the reason that the plan meets the intent of the Ordinance. Motion carried 6-0.

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to grant approval of the Woodland Permit, with the preservation of Lot 3, which includes a significant number of sugar maples, because it would maintain the intent and integrity of the Woodland Ordinance. Motion carried 5-1 (Yes: Gutman, Kocan, Lipski, Pehrson, Wrobel; No: Cassis).

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to approve the Woodland Permit, with the removal of Lot 3 to maintain existing sugar maples, to maintain the intent and integrity of the Woodland Ordinance. Motion carried 5-1 (Yes: Gutman, Kocan, Lipski, Pehrson, Wrobel; No: Cassis).

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to grant approval of the Stormwater Management Plan for the reason that the plan is feasible and meets the intent of the Ordinance. Motion carried 6-0.

In the matter of the request of Claudio Rossi of Mirage Development for Orchard Hills North, SP05-05a, motion to approve the Stormwater Management Plan subject to the comments in the staff and consultant review letters, for the reason that the plan meets the intent of the Ordinance. Motion carried 6-0.

3. TUSCANY RESERVE RUD, SITE PLAN NUMBER 02-30D

Public Hearing on the request of Bob Porteous of Novi Investment Company for recommendation to City Council for a revised Residential Unit Development plan and phasing plan. The subject property is located in Section 32, north of Eight Mile Road, east of Garfield Road in the R-A, Residential Acreage District. The subject property is approximately 77.37 acres.

In the matter of the request of Tuscany Reserve, SP02-30d, motion to recommend approval to City Council for the phasing plan, with the finding that the revised phasing plan to construct the road for Phase Two with Phase One addresses health, safety and welfare for the subdivision. The Applicant must construct an all-weather road base capable of supporting 35 tons, connecting to Garfield Road in Phase II during Phase I construction and a bond will be established to pay an amount equal to the remaining construction, in case, for some reason the road doesn’t get constructed, the bond would be available to complete that project. Motion carried 6-0.

In the matter of the request of Tuscany Reserve, SP02-30d, motion to recommend approval to City Council for the phasing plan, subject to: 1) The Applicant must construct an all-weather road base capable of supporting 35 tons, connecting to Garfield Road in Phase II during Phase I construction; and 2) The Applicant establishing bonds for the completion of the road construction. Motion carried 6-0.

In the matter of the request of Tuscany Reserve RUD, SP02-30d, motion to recommend denial to City Council of the revised RUD Plan because: 1) With regard to the gated access, gates are prohibited by the City’s Fire Prevention Code; 2) The intent of the RUD 2404.7.a requires preservation of the rural community character; 3) With regard to the stub street connection to Maybury, the Subdivision Ordinance 4.04a requires access streets every 1,300 feet around the perimeter; and 4) The City’s Construction Standards 11-194 requires secondary access within a development option; for the reason that the Ordinances and Design and Construction Standards were developed to address the health, safety and welfare of all the residents of Novi. Motion carried 4-2 (Yes: Gutman, Kocan, Pehrson Wrobel; No: Cassis, Lipski).

In the matter of the request of Tuscany Reserve, SP02-30d, motion to recommend denial to City Council for the revision to the RUD plan with regard to the gates, which are prohibited by the Fire Prevention Code, and the RUD requires the preservation of the rural character. The Planning Commission also recommends denial of the stub removal, pursuant to Section 4.04.A requiring stub street connections every 1300 feet around the perimeter of the sub, and the Design and Construction Standards require a second point of access for health, safety and welfare reasons. Motion carried 4-2 (Yes: Gutman, Kocan, Pehrson Wrobel; No: Cassis, Lipski).

4. SINGH DEVELOPMENT (ELEVEN MILE AND BECK) ZONING MAP AMENDMENT 18.654 AND PLANNED REZONING OVERLAY, SITE PLAN NUMBER 05-29

Public Hearing on the request of John Houser of Singh Development for possible recommendation to City Council for rezoning of property located in section 20, south of Eleven Mile Road and west of Beck Road, from R-A, Residential Acreage, to R-1, One Family Residential, with a Planned Rezoning Overlay. The site is approximately 38.86 acres and the applicant is proposing 58 dwelling units.

In the matter of Zoning Map Amendment 18.654 and Planned Rezoning Overlay SP05-29 for Singh Development, motion to recommend denial to the City Council to rezone the subject property from R-A to R-1 with a Planned Rezoning Overlay, for the following reasons: 1) There are significant deviations from the R-1 Ordinance and the Cluster Option; 2) The density number proposed is a maximum number, not a guaranteed number per the Ordinance; 3) There are significant natural features on the property that could not be developed in any type of development; 4) The setback between the buildings is minimal and there is no visual break or clustering; and 5) The traffic study does not consider increased traffic from Detroit Catholic Central and Providence Hospital. Motion carried 6-0

In the matter of Zoning Map Amendment 18.654 and Planned Rezoning Overlay SP05-29 for Singh Development, motion to recommend denial to the City Council to rezone the subject property from R-A to R-1 with a Planned Rezoning Overlay, for the following reasons: 1) There are significant deviations from the R-1 Ordinance and the Cluster Option; 2) The density number proposed is a maximum number, not a guaranteed number per the Ordinance; 3) There are significant natural features on the property that could not be developed in any type of development; 4) The setback between the buildings is minimal and there is no visual break or clustering; and 5) The traffic study does not consider increased traffic from Detroit Catholic Central and Providence Hospital. Motion carried 6-0

ADJOURNMENT

The meeting adjourned at 11:26 p.m.

SCHEDULED AND ANTICIPATED MEETINGS

WED 10/04/05 ZONING BOARD OF APPEALS 7:30 PM

MON 10/10/05 CITY COUNCIL MEETING 7:00 PM

WED 10/12/05 PLANNING COMMISSION MEETING 7:30 PM

MON 10/17/05 IMPLEMENTATION COMMITTEE 6:00 PM

MON 10/17/05 CITY COUNCIL INTERVIEWS 7:00 PM

MON 10/24/05 CITY COUNCIL MEETING 7:00 PM

WED 10/26/05 PLANNING COMMISSION MEETING 7:30 PM

TUE 11/1/05 ZONING BOARD OF APPEALS 7:30 PM

WED 11/09/05 PLANNING COMMISSION MEETING 7:30 PM

FRI 11/11/05 CITY OFFICES CLOSED

* Actual language of motions subject to review.