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PLANNING COMMISSION
REGULAR MEETING
WEDNESDAY, JANUARY 24, 2007 7:00 PM
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 7:15 PM.

ROLL CALL

Present: Members Brian Burke, Victor Cassis, Andrew Gutman (7:21 PM), David Lipski (8:00 PM), Michael Lynch, Michael Meyer, Wayne Wrobel

Absent: Members John Avdoulos, Mark Pehrson

Also Present: Barbara McBeth, Director of Planning; Tim Schmitt, Planner; Mark Spencer, Planner; Kristen Kapelanski, Planner; Ben Croy, Engineer; David Beschke, Landscape Architect; Tom Schultz, City Attorney

PLEDGE OF ALLEGIANCE

Chair Cassis led the meeting in the recitation of the Pledge of Allegiance.

APPROVAL OF AGENDA

Moved by Member Wrobel, seconded by Member Lynch:

VOICE VOTE ON AGENDA APPROVAL MOTION MADE BY MEMBER WROBEL AND SECONDED BY MEMBER LYNCH:

Motion to approve the Agenda of January 24, 2007. Motion carried 5-0.

[Note that comments by the City Manager can be found immediately before Item 4 of Matters for Consideration.]

AUDIENCE PARTICIPATION

No one from the audience wished to speak.

CORRESPONDENCE

There was no Correspondence to share.

COMMITTEE REPORTS

There were no Committee Reports.

PLANNING DIRECTOR REPORT

Director of Planning Barbara McBeth said that at the last City Council the ITC Helistop was approved. The access control gates were also approved for that project.

Ms. McBeth said that each Planning Commission member received their own copies of reports prepared by the Planning Department. The Pathways and Sidewalk Prioritization Plan was prepared under the helm of Planner Mark Spencer and will be used for the CIP and budgeting processes. The report on maximum building heights was updated to reflect the increased height allowances for the TC District and the OST District. Maps were included to provide clarity on the matter.

Ms. McBeth reminded the Planning Commission that they need to bring forward their Committee requests for the FY2007-08 budget.

The City Council Five Year Goals were provided to the Planning Commission. This report encapsulates their January 13, 2007 meeting.

Member Gutman arrived at 7:21 PM.

1. PLAN REVIEW CENTER ANNUAL REPORT FOR 2006

Planner Kristen Kapelanski presented the 2006 Plan Review Center Annual Report. Ms. Kapelanski said that the Planning Department now produces this annual report based on a suggestion found in the Sikich Pride Report.

In 2006 there were 64 projects initiated. This resulted in 1,279,218 square feet of new office space, 218,165 square feet of retail space, 180,530 square feet of industrial space, 499 new residential units, and 347 new hotel rooms. Notable developments include Providence Park Medical Building and Orthopaedic Center, Ryder Systems, and ITC Headquarters.

The Planning Department also processed nine zoning map amendments and eleven text amendments. The Pathways Prioritization Plan, the OST Study, and the Fiscal Analysis and Benchmarking Report Update were all completed.

The Planning Department brought 102 items before the Planning Commission, and provided information to City Council on 150 items. 133 scheduled meetings were held by the Planning Department in 2006.

CONSENT AGENDA - REMOVALS AND APPROVAL

1. ORCHARD HILLS NORTH SITE PLAN NUMBER 05-05B

Consideration of the request of Claudio Rossi of Mirage Development for revised Landscape Plan approval. The subject property is located in Section 26, south of Ten Mile 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.

2. SET A PUBLIC HEARING FOR FEBRUARY 14, 2007 FOR ZONING ORDINANCE TEXT AMENDMENT TO EXPAND POSSIBLE LOCATIONS FOR VETERINARY CLINICS

Moved by Member Gutman, seconded by Member Burke:

ROLL CALL VOTE ON CONSENT AGENDA MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER BURKE:

Motion to approve the Consent Agenda as presented. Motion carried 5-0.

PUBLIC HEARINGS

There were no Public Hearings.

MATTERS FOR CONSIDERATION

1. BECK NORTH CORPORATE PARK, PHASE 2–UNITS 2 and 3, SP06-57

Consideration of the request of Amson Dembs Development for Beck North Corporate Park, Phase II – Units 2 & 3 for Preliminary Site Plan and Storm Water Management Plan approval. The subject property is located in Section 4, west of Hudson Drive, south of Nadlan Drive, in the I-1, Light Industrial District. The subject properties are 3.11 acres combined and the Applicant is proposing to construct a speculative light industrial building.

Planner Tim Schmitt described the project. South of this project is Peary Court, the last cul-de-sac in Phase 1. This property has woodlands and wetlands. The wetlands have been placed into a Conservation Easement and will not be affected by this project.

The property is master planned for Light Industrial, as are the properties to the north, south and east. In the City of Wixom, the Master Plan calls for Light Industrial as well. The zoning is Light Industrial to the north, south and east. The zoning in Wixom is M-1, which is also Light Industrial.

The site plan indicates the location of the Conservation Easement. There are some retaining walls proposed to prevent any further impacts to the conservation area. There are no additional wetland or woodland impacts proposed. The Woodland Review does indicate that a survey of the trees is requested. Prior to this time a sampling method was used to guesstimate the woodland composition.

There are no substantial issues with this proposal. The Applicant complies nearly completely with the necessary requirements of the Preliminary Site Plan. There are some issues that will be addressed on the Final Site Plan submittal. No waivers are required, and no issues are substantial.

Mr. Larry Stoby addressed the Planning Commission on behalf of Amson Dembs. He offered to answer any questions the Planning Commission had.

Moved by Member Gutman, seconded by Member Meyer:

In the matter of the request of Amson Dembs Development for Beck North Corporate Park, Phase 2 – Units 2 and 3, SP06-57, motion to grant approval of the Preliminary Site Plan subject to: 1) The Applicant creating the actual parcel prior to Stamping Set approval; 2) The Applicant providing all necessary woodland and wetland information for review; and 3) Compliance with all conditions and requirements listed in the Staff and Consultant review letters; for the reason that the plan is otherwise in compliance with the Master Plan for Land Use.

DISCUSSION

Member Lynch confirmed with Mr. Schmitt that it was not necessary to notify Wixom of this pending project since it did not require a Public Hearing.

Chair Cassis said that this Applicant does a commendable job presenting a plan that is readily approvable.

ROLLCALL VOTE ON BNCP PHASE 2, UNITS 2 AND 3, SP06-57, PRELIMINARY SITE PLAN MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER MEYER:

In the matter of the request of Amson Dembs Development for Beck North Corporate Park, Phase 2 – Units 2 and 3, SP06-57, motion to grant approval of the Preliminary Site Plan subject to: 1) The Applicant creating the actual parcel prior to Stamping Set approval; 2) The Applicant providing all necessary woodland and wetland information for review; and 3) Compliance with all conditions and requirements listed in the Staff and Consultant review letters; for the reason that the plan is otherwise in compliance with the Master Plan for Land Use. Motion carried 6-0.

Moved by Member Gutman, seconded by Member Wrobel:

ROLL CALL VOTE ON BNCP PHASE 2, UNITS 2 AND 3, SP06-57, STORMWATER MANAGEMENT PLAN MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER WROBEL:

In the matter of the request of Amson Dembs Development for Beck North Corporate Park, Phase 2 – Units 2 and 3, SP06-57, motion to grant approval of the Stormwater Management Plan subject to compliance with all conditions and requirements listed in the Staff and Consultant review letters, for the reason that the plan is otherwise in compliance with the Stormwater Management Plan Ordinance. Motion carried 6-0.

2. FLAGSTAR BANK, SP06-59

Consideration of the request of Dennis Miller of Flagstar Bank for Preliminary Site Plan, Stormwater Management Plan and a Section 9 Waiver approval.  The subject property is located in Section 22, at the northwest corner of Ten Mile and Novi Road, in the B-3, General Business District.  The subject property is approximately .74 acres and the Applicant is proposing a 2,784 square foot bank.

Planner Mark Spencer described the Flagstar proposal to the Planning Commission. The site was previously a gas station and was later used for a cell phone store. Mr. Spencer commended the Applicant for working so well with the City.

To the north is Pine Ridge Center, zoned B-3 and master planned for Local Commercial. To the east is a Speedway, zoned B-3 and master planned for Local Commercial. To the southwest is Walgreen’s, zoned B-1 and master planned for Local Commercial. To the south is a Marathon, zoned B-3 and master planned for Office. To the west is the Eaton Center, zoned B-3 and master planned for Local Commercial.

There are no wetlands, floodplains, woodlands or natural features priority habitat areas.

The Applicant is proposing to use the existing curb cuts and to make the drive on Novi Road right-in/right-out only. Due to the size of the site and the fact that it was developed long before the City’s Stormwater Management Ordinance was in place, the Applicant is proposing to build an underground detention system to control stormwater runoff from the site. The Engineering Review finds this acceptable for such a small site.

The Applicant is asking for a Planning Commission Waiver of the loading area requirement and has provided the required documentation addressing the sensitive nature of their pickups and deliveries. Staff supports this request.

Although it is not required by the Ordinance, the Applicant has worked with the City to provide a corner landscape treatment, a wall which could include a City of Novi identity feature, benches and pedestrian lighting at the southeast corner of the site, as called for by the Novi Road Corridor Plan.

The Applicant is requesting several minor Landscape Waivers. This plan was designed with an effort to save some of the existing vegetation along the right-of-way. There is a need to work around the overhead utility wires. Additionally, the site is very small and therefore, the Applicant could benefit from these Waivers. The City’s Landscape Architect recommends granting these Waiver requests.

The Applicant is also requesting Same Side Driveway Spacing Waivers and Opposite Side Driveway Spacing Waivers. The Engineering and Traffic reviews support these requests, since the driveways are already in place and the Novi Road driveway will be right-in/right-out only. No matter where these entrances are placed, a Waiver would be required.

The Applicant was asked by the Traffic Engineer to connect the west and front sidewalk. This sidewalk segment could be used by the public, but will most likely be used by the bank’s employees.

The Applicant is also asking for a Section 9 Waiver to permit an excess amount of asphalt shingles. The City’s Façade Consultant supports this request.

Several other minor items need to be addressed on the Final Site Plan submittal, and the Applicant has agreed to correct these issues.

Approval of the Preliminary Site Plan is recommended, contingent upon the conditions suggested in the prepared motion sheet.

Jason Covalle of George Covalle Architects addressed the Planning Commission. He introduced Dennis Miller of Flagstar and Ryan Johnson from Nowak and Fraus. He offered to answer any questions.

Member Wrobel was glad to hear that this corner was planned for redevelopment. He confirmed with Mr. Miller that the underground storage tanks have already been removed. The State’s closure letter was received about four months ago. There is no ground contamination that must be addressed.

Member Wrobel liked the corner landscaping plan. His concern was with the traffic that backs up on Ten Mile, specifically at the peak Friday bank time. Otherwise, he felt this was a nice improvement to the area. Mr. Spencer responded that some of this problem will be mitigated by the right-in/right-out Novi Road driveway design. This is the worst area for traffic. On Ten Mile, the drivers will be turning away from the light.

Traffic Consultant Sara Merrill said that it is typical for a gas station to be placed on a corner of an intersection. When traffic is backed up, it is anticipated that drivers will leave a space for other drivers to use in their navigation of the area. She recognized that this intersection is congested, but she did not think this proposal would further compound the problem.

Member Burke said this is a difficult area during peak traffic hours and after the high school lets out, when there is a host of young drivers trying to turn north onto Novi Road from Ten Mile. He understood what she meant about gas stations coping with their intersection placement. He thought an eastbound turn out of this site presented a potential problem. Ms. Merrill thought that this was possible, and noted that the driveways are already in place. She hoped most drivers would be cognizant of other drivers during peak traffic times. There is not a whole lot that can be done.

Member Burke noted that there is an island designated on the plan that would maintain the right-in/right-out nature of the Novi Road drive. He confirmed that the island will conform to standards that allow a fire truck to navigate the site.

Member Burke was glad to see a project come forward for this site. He hoped this Applicant worked in harmony with his neighbors, and wondered if this bank could tie into the Pine Ridge parking lot. Mr. Spencer said that this Applicant had conversations with the surrounding property owners and the City regarding cross access. Some of the owners have interest in this concept, but not all owners have agreed upon a plan. The City struck out with bringing Novi Fine Wines on board with this concept. If an opportunity presents itself for connectivity, the City will pursue it.

Member Burke asked again about connectivity to the north. Mr. Spencer said that he spoke with Pine Ridge about cross access to this site and to Novi Fine Wines. Because Novi Fine Wines didn’t want to participate, the conversation went no further.

Member Burke found more value in connecting the bank to Pine Ridge. Mr. Spencer said there are difficulties with the idea – there is a grade change. In order to design a connection a considerable number of parking spaces would be lost, and maneuverability is questionable. If the wine shop were included, there would be a wider path that might allow for a meandering drive that could work.

Mr. Spencer said that this bank use will yield fewer trips per day than a gas station. Member Burke noted that this site was a gas station years ago when traffic was lighter.

Member Burke supported the project but still had concerns about eastbound Ten Mile traffic. He was satisfied with the entry design supporting a fire apparatus.

Member Lynch thought the design looked nice. He thought the corner landscape was wonderful. He didn’t want to see the traffic at this intersection get worse. He didn’t think this bank would exacerbate the traffic problem. He didn’t think that the Applicant should be held responsible for the traffic in this area. He thought the design improved a bad situation, from both traffic and aesthetic points of view.

Member Gutman asked whether the City was working on Ordinance language to address every bank’s need for the same kind of waivers. Director of Planning Barbara McBeth said that the Implementation Committee sent forward language that has been approved that now allows the Planning Commission to grant a waiver, as opposed to the Applicant needing a variance from the ZBA, for the loading zone requirement. The driveway spacing waivers are part of the Design and Construction Standards requirements and the Planning Department felt comfortable with leaving that language as is. There will always be sites that can’t meet the spacing standards.

Moved by Member Gutman, seconded by Member Burke:

In the matter of Flagstar Bank, Ten Mile and Novi Roads, SP06-59, motion to approve the Preliminary Site Plan subject to: 1) A Planning Commission Waiver of the loading space requirement; 2) A Planning Commission Waiver to permit slightly reduced required street tree and right-of-way landscape planting requirements; 3) A Planning Commission Waiver to waive a portion of the required right-of-way berm where existing vegetation is to remain; 4) A Planning Commission Waiver to permit the substitution of sub-canopy trees as street trees; 5) The Applicant providing the pedestrian and landscape features in the southeast corner of the site as depicted in the submitted concept sketch, and working with the City’s Landscape Architect to complete details for this area; 6) A Planning Commission Waiver of Same Side and Opposite Side Driveway Spacing requirements on Novi Road and Ten Mile Road since the driveways are existing and their relocation will not eliminate the need for the waivers; 7) A Planning Commission Section 9 Waiver to permit up to 46% asphalt shingles as submitted; and 8) The conditions and items listed in the Staff and Consultant review letters being addressed on the Final Site Plan; for the reason that the plan otherwise complies with the Master Plan.

DISCUSSION

Chair Cassis asked how the Stormwater Management Plan would work. Civil Engineer Ben Croy explained that it would be designed with concrete, stone and gravel. The basin would be underground and it will lead to the storm sewer system at Novi Road.

Chair Cassis recognized that the site is small. He understood that the use is light. This will be a small building. There are so many banks in the area that none gets the traffic that it used to get. He had a problem with this Ten Mile exit out of the site. He wished to see a porkchop island that would prohibit a left turn onto Ten Mile. He disagreed with the consultant. The intersection includes a bank across the street, the fine wine store, a gas station on two other corners and the new Vantage Point shopping center. He said this much business on this corner requires him to stand firm, that this project requires a right-out only on its Ten Mile exit. He appreciated that this is a bank with lighter traffic than what other uses would yield but, he said, this is a difficult corner.

Chair Cassis asked the Applicant for his input. Mr. Covalle said that if the Ten Mile exit was limited, it would make it difficult for a customer to go east. The Novi exit would allow for a right turn, but the driver would have to make it all the way over to the left turn lane. Chair Cassis said that was the point of his comment. Mr. Covalle thought that people who live to the east should have a way to get to the east. Mr. Covalle said it would be easier to navigate if there was a boulevard.

Ms. Merrill disagreed with Chair Cassis’ suggestion. She said that there would be more safety issues created by a driver trying to get out on Novi Road to turn left on Ten Mile than what is created by a driver turning left out the Ten Mile driveway.

Ms. McBeth asked Mr. Miller to discuss further the access to Pine Ridge. He responded that this site plan design does not work as well with the cross access. He offered to continue to work on the access concerns. Mr. Miller also thought that Pine Ridge had a parking issue. Ms. McBeth said that a north access to Pine Ridge may help alleviate the problem, as people might feel more comfortable using the Pine Ridge exit. Chair Cassis said this would make him feel more comfortable.

Member Lynch understood Chair Cassis’ point. He hoped that the Applicant would indeed continue to work on the design. He asked the Applicant to go and observe the corner of Twelve Mile and Orchard Lake Road and how the congestion is at that corner. He hoped that this may sway the Applicant to improve further the design of this site.

Member Wrobel did not notice a grade difference between this site and the shopping center. Mr. Covalle thought the difference was three to four feet. The shopping center parking lot is lower.

Member Meyer didn’t want to delay the consideration any longer. He thought the Planning Department should keep a close eye on this site, particularly after the bank opens, so if the entrance does in fact require a right-out only, it can be added. At this point, he did not want anyone to stand in the way of this site plan moving forward. He was cognizant of the abandoned buildings along Novi Road, and he was pleased to have this site under consideration for redevelopment. He reiterated that the Traffic Consultant and the Planning Department must continue to ensure that this design works.

ROLL CALL VOTE ON FLAGSTAR BANK, SP06-59, PRELIMINARY SITE PLAN MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER BURKE:

In the matter of Flagstar Bank, Ten Mile and Novi Roads, SP06-59, motion to approve the Preliminary Site Plan subject to: 1) A Planning Commission Waiver of the loading space requirement; 2) A Planning Commission Waiver to permit slightly reduced required street tree and right-of-way landscape planting requirements; 3) A Planning Commission Waiver to waive a portion of the required right-of-way berm where existing vegetation is to remain; 4) A Planning Commission Waiver to permit the substitution of sub-canopy trees as street trees; 5) The Applicant providing the pedestrian and landscape features in the southeast corner of the site as depicted in the submitted concept sketch, and working with the City’s Landscape Architect to complete details for this area; 6) A Planning Commission Waiver of Same Side and Opposite Side Driveway Spacing requirements on Novi Road and Ten Mile Road since the driveways are existing and their relocation will not eliminate the need for the waivers; 7) A Planning Commission Section 9 Waiver to permit up to 46% asphalt shingles as submitted; and 8) The conditions and items listed in the Staff and Consultant review letters being addressed on the Final Site Plan; for the reason that the plan otherwise complies with the Master Plan. Motion carried 6-1 (Yes: Members Burke, Gutman, Lipski, Lynch, Meyer, Wrobel; No: Chair Cassis).

Moved by Member Gutman, seconded by Member Wrobel:

ROLL CALL VOTE ON FLAGSTAR BANK, SP06-59, STORMWATER MANAGEMENT PLAN MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER WROBEL:

In the matter of Flagstar Bank, Ten Mile and Novi Roads, SP 06-59, motion to approve the Stormwater Management Plan subject to the conditions and items listed in the Staff and Consultant review letters being addressed on the Final Site Plan; for the reason that the plan is otherwise in conformance with the Stormwater Management Ordinance. Motion carried 7-0.

Member Lipski arrived at 8:00 PM.

3. LOTUS BANK, SP06-60

Consideration of the request of Bill Hass of Barber McCalpin Associates for Preliminary Site Plan and Stormwater Management Plan approval. The subject project is located in Section 10, at the northeast corner of Twelve Mile and Dixon Road, in the OS-1, Office Service District. The subject property is 1.2 acres and the Applicant is proposing a 5,200 square foot one story bank.

Planner Mr. Spencer described the project for the Planning Commission. The property is zoned OS-1 and master planned for Office as are a couple of parcels to the north. Further north are large lot Single Family Residential homes zoned R-A. To the south is Fountain Walk, zoned RC and master planned for Regional Commercial uses. To the East is the Manchester Office, zoned OS-1and master planned for Office. To the west is Liberty Park, zoned R-A and developed pursuant to a court order, and master planned for Multiple Family Residential.

There are no regulated wetlands, floodplains, woodlands or natural feature habitat priority areas on the site.

The Applicant is proposing a 5,300 square foot bank with accessory drive-up and drainage facilities on 1.2 acres of land located at the northeast corner of Twelve Mile Road and Dixon Road. The Applicant proposes an entrance on both Twelve Mile and Dixon Road. Due to the small size of the site, the Applicant is proposing underground stormwater detention.

Since this site is adjacent to a residential district across Dixon Road, a lighting plan was required. The Applicant proposes decorative wall fixtures instead of the ninety-degree cutoff fixtures required by the Ordinance. The Ordinance allows the Planning Commission to waive the requirement if it finds that the use of a decorative fixture is appropriate.

The Applicant is asking for a Planning Commission Waiver of the loading area requirement and has provided the required documentation addressing the sensitive nature of their pickups and deliveries. Staff supports this request.

Dixon Road is listed as a natural beauty road in the Master Plan. As such, the City’s Natural Beauty Road Ordinance suggests maintaining a fifty-foot natural vegetation buffer along the right-of-way to preserve the natural character of the road. This is only a suggestion and cannot be enforced as a requirement. The City’s Landscape Architect recommends approval of the site plan subject to the Applicant preserving five trees at the corner of Twelve Mile and Dixon. The Applicant has agreed to work with the City on this request. The Applicant has been asked to provide a 22-foot Conservation Landscape Easement along Dixon road. This would provide about a fifty-foot wide strip of landscaping between the road and parking lot. The City and the City Attorney will work on the language of the easement so that the Applicant is allowed to maintain the area. It may not be appropriate for the area to be overgrown with weeds.

Because of the small amount of frontage on this site a Same Side Driveway Spacing Waiver is required, regardless of where the driveway is placed. On Dixon Road, there wouldn’t be an issue, even if there were two drives on Dixon. Spacing requirements are based on speed limits. The Traffic Engineer is also recommending that the driveway on Twelve Mile be an entrance only to restrict possible conflicts between through-traffic and exiting traffic. Currently there is a right turn lane partially in existence. The Applicant does not support this request. The City’s Engineers are also asking for an access easement and stub to the northerly property; the Applicant has agreed to provide one, as he owns that property as well.

The Applicant will address other minor items at the time of Final Site Plan submittal.

Satish Jasti addressed the Planning Commission. He is the president and CEO of Lotus Bank. Their temporary headquarters will open on Grand River in the third week of March. They chose Novi for their headquarters because Novi does not have a bank headquartered here at this time. They like the demographics of Novi. A community bank is the economic engine of a community. He introduced John Fountain and Bill Hass from Barber McCalpin Associates.

Mr. Fountain stated that they have designed a beautiful site and that the plan enhances the natural beauty road. He said they would continue a stretch of landscaping going north along the road. He has agreed to add an access to the northerly property.

Mr. Fountain said that they have responded to the reviews and have conceded on all points brought to their attention except for two items. First, they maintain their request for the two-way approach on Twelve Mile. Second, they want to keep the wall mounted light fixtures.

Mr. Fountain said that a bank is a low-volume traffic use. The zoning is classified for lower-volume traffic uses. The site was desirable to them because of the ease of use. Twelve Mile is a boulevard, so their traffic will only head west out of the site. The Twelve Mile approach is in an area set back from the road. This represents a lane for turning activity. The lane continues to the Manchester Office center. They want to maintain the two-way traffic at this approach, because bank traffic entering from Twelve Mile will be able to make an easy turn onto the site. The driver can choose to park and enter the bank, or continue around the building to the drive-through. When those drivers have completed their business, they can return to the front of the site and exit onto Twelve Mile without having to interact with incoming traffic. The traffic moves in an east-west pattern, and the traffic light to the east creates breaks in the traffic that will permit safe ingress and egress. The other approach into the site is on Dixon Road, the natural beauty, unimproved road. Keeping traffic on Twelve Mile is of value, and keeping the Dixon traffic lower in volume is also of value. The plan as proposed does just that. Mr. Fountain hoped the Planning Commission saw this as a favorable design. He noted that the Road Commission of Oakland County has given them preliminary approval on this design.

Mr. Fountain said that they have collaborated well on the preservation of the beauty along Dixon Road. They have volunteered this effort; it is not a requirement.

Mr. Fountain asked the Planning Commission to consider the lighting issue. The wall-mounted lighted fixtures were shown to the Planning Commission. The glass is opaque, so no bulb is exposed. The elevation with fixtures faces the Manchester Office Building. Another elevation is facing Twelve Mile. There are some technical details regarding the lights that were available. It is a low-output enhancement to the building. It is meant to enhance the architectural design. The Applicant did not think the lighting was obtrusive. There are two lights in the drive-through area that the Applicant would agree to remove if the Planning Commission desired.

Member Wrobel thanked the Applicant for choosing Novi. He asked what the City’s rationale was for keeping the Twelve Mile entrance for ingress only. Traffic Consultant Sara Merrill responded that their concern was that exiting traffic wouldn’t know if the oncoming traffic would be turning into the bank, Dixon Road or Manchester. Also, exiting traffic would have to weave out of this decel lane to get into one of the through-lanes. They would have to weave all the way over if their intent is to go eastbound. Ms. Merrill said that there wouldn’t be any issue with vehicular conflicts with this redesign. Vehicles on this site will travel at low speeds. The site will not generate much traffic volume. Motorists and pedestrians alike know to anticipate each other in parking lots.

Member Wrobel asked where the cement ended on Dixon Road. Civil Engineer Ben Croy responded that the approach to Dixon off of Twelve Mile is paved. The entrance on Dixon would be on the chip seal portion of the road. Member Wrobel was concerned that the City has a natural beauty road that is hoped to be kept rustic, yet the request is to force traffic out onto Dixon Road. He thought that was oxymoronic. He did not necessarily agree with the Traffic Consultant’s comments.

Member Wrobel liked the look of the bank. He had no problem with the lighting fixtures. He did feel as though the elevation facing the natural beauty road was very boring.

Member Meyer said that it didn’t make sense to him that people would enter from Twelve Mile, use the drive-through, then have to drive all the way around the building to exit onto Dixon Road. He noted that Twelve Mile does have a boulevard. He would be in favor of the traffic exiting onto Twelve Mile. He thought the Consultant’s suggestion would create more of a traffic safety problem.

Member Lynch agreed. Member Lynch questioned whether it was the Planning Commission’s role to enforce design parameters in order to prevent people from violating traffic laws. He thought that the redesign of the entrance would cause more problems. He didn’t think he could support the one-way entrance from Twelve Mile. He would feel delinquent in his duties by requiring this redesign.

Member Lynch did not have a problem with the lights. These lights are not high intensity. They probably won’t even permeate the foliage. He agreed with Member Wrobel that Dixon is a scenic drive. He didn’t know what the Applicant could do to make the elevation less bland, but if the Applicant couldn’t find a way to improve it, Member Lynch would still support the project.

Chair Cassis asked if the Applicant was asking for the traffic to be able to turn left onto Twelve Mile. Ms. Merrill said that Twelve Mile has a boulevard, so traffic can only go to the right. Ms. Merrill said that their request is for traffic to turn onto Dixon Road, then turn right onto Twelve Mile. The Applicant apologized if Chair Cassis misunderstood his comments to mean that they wanted their traffic to be able to turn left onto Twelve Mile.

Member Gutman asked what the City’s concern was regarding the lighting. Mr. Spencer said that the Zoning Ordinance requires outdoor lighting adjacent to residential to have cut-off fixtures. The Ordinance allows the Planning Commission to waive this requirement for decorative or historic fixtures. It is discretionary. The Planning Department is concerned that lights would be visible from the residential homes. This would be more apparent with higher wattage light bulbs. It is a direct light source rather than an indirect reflection.

Moved by Member Gutman, seconded by Member Wrobel:

In the matter of Lotus Bank, SP06-60, motion to approve the Preliminary Site Plan subject to: 1) A Planning Commission Finding that a loading zone is not required due to the sensitive nature of deliveries that need to occur as close to the front door as practical; 2) The Applicant providing ninety-degree cut-off shielded wall lighting fixtures; 3) The Applicant providing a Conservation Easement along the Dixon Road right-of-way; 4) The Applicant preserving trees numbered 1, 3, 5, 6 and 8; 5) A Planning Commission Waiver of the right-of-way canopy tree requirement to permit the substitution of ten sub-canopy trees; 6) A Planning Commission Waiver of the perimeter greenspace canopy tree requirement to permit the substitution of six canopy trees with 14 sub-canopy trees; 7) A Planning Commission Waiver of the Same Side Driveway Spacing requirements for the location of the Twelve Mile driveway as depicted; 8) The Applicant providing a secondary access easement and driveway stub to the property to the north; and 9) The conditions and items listed in the Staff and Consultant review letters being addressed on the Final Site Plan; for the reason that the plan is otherwise in compliance with the Master Plan.

DISCUSSION

Member Lynch asked about the second stipulation. Director of Planning Barbara McBeth said this stipulation would not allow the decorative fixtures. She said that allowing the use of these fixtures is up to the Planning Commission. Member Lynch thought that the Planning Commission accepted the request to allow the decorative lighting.

Member Gutman said he felt that he needed to support the Zoning Ordinance on this issue.

City Attorney Tom Schultz told Member Lynch if he wanted to amend the motion to remove the stipulation and to allow the decorative fixtures, he could do so.

Moved by Member Lynch, seconded by Member Burke:

In the matter of Lotus Bank, SP06-60, motion to amend the motion to include, "The Applicant being permitted to install decorative fixtures," thereby removing the stipulation, "The Applicant providing ninety-degree cut-off shielded wall lighting fixtures."

DISCUSSION

Chair Cassis was pleased that the Applicant chose Novi. He liked the building. He thought the traffic design was acceptable and would function very well. The exit onto Twelve Mile pleased him as well. Sometimes people don’t want to exit onto a side street. Chair Cassis liked the amendment to the motion. The decorative lighting gives a little bit of life to the walls. The lighting won’t hurt anyone’s eyes.

Member Lipski asked whether this amendment would set a precedent. Mr. Schultz responded that the key question is whether this will have an impact on the residents. This is probably the main issue to consider, as Member Lipski suggested. In terms of a precedent, each waiver opportunity stands on its own merits. The Planning Commission has had the opportunity to evaluate the issue. If the Planning Commission feels the lighting fixture is appropriate then the members can vote accordingly.

Member Lipski asked the Applicant to describe briefly the lighting, and what the lateral impact of the lighting might be. Mr. Fountain said the light projects to the side as opposed to out. It comes with a 14-watt bulb. The use is really illuminating the building. Member Lipski asked whether, in all practicality, this light would project into a neighbor’s yard. Mr. Fountain said no. Member Lipski said that this amendment to the motion would then be appropriate.

Member Gutman thanked the Applicant for his additional input. He would be willing to support the amendment to his motion.

Member Meyer asked the Applicant when these lights would be lit. Mr. Fountain said that the timer would likely turn these lights off at 10:00 or 11:00 PM, along with the site lighting.

The Applicant also asked to confirm that the two-way drive onto Twelve Mile was acceptable to the Planning Commission and was not prohibited by the motion language.

ROLL CALL VOTE ON LOTUS BANK, SP06-60, AMENDMENT TO THE PRELIMINARY SITE PLAN MOTION MADE BY MEMBER LYNCH AND SECONDED BY MEMBER BURKE:

In the matter of Lotus Bank, SP06-60, motion to amend the motion to include, "The Applicant being permitted to install decorative fixtures." Motion carried 7-0.

ROLL CALL VOTE ON LOTUS BANK, SP06-60, PRELIMINARY SITE PLAN MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER WROBEL, AS AMENDED:

In the matter of Lotus Bank, SP06-60, motion to approve the Preliminary Site Plan subject to: 1) A Planning Commission Finding that a loading zone is not required due to the sensitive nature of deliveries that need to occur as close to the front door as practical; 2) The Applicant being permitted to install decorative fixtures; 3) The Applicant providing a Conservation Easement along the Dixon Road right-of-way; 4) The Applicant preserving trees numbered 1, 3, 5, 6 and 8; 5) A Planning Commission Waiver of the right-of-way canopy tree requirement to permit the substitution of ten sub-canopy trees; 6) A Planning Commission Waiver of the perimeter greenspace canopy tree requirement to permit the substitution of six canopy trees with 14 sub-canopy trees; 7) A Planning Commission Waiver of the Same Side Driveway Spacing requirements for the location of the Twelve Mile driveway as depicted; 8) The Applicant providing a secondary access easement and driveway stub to the property to the north; and 9) The conditions and items listed in the Staff and Consultant review letters being addressed on the Final Site Plan; for the reason that the plan is otherwise in compliance with the Master Plan. Motion carried 7-0.

Moved by Member Gutman, seconded by Member Meyer:

ROLL CALL VOTE ON LOTUS BANK, SP06-60, STORMWATER MANAGEMENT PLAN MOTION MADE BY MEMBER GUTMAN AND SECONDED BY MEMBER MEYER:

In the matter of Lotus Bank, SP06-60, motion to approve the Stormwater Management Plan subject to the conditions and items listed in the Staff and Consultant review letters being addressed on the Final Site Plan, for the reason that the plan is in compliance with the Stormwater Management Ordinance. Motion carried 7-0.

[City Manager Comments]

City Manager Clay Pearson addressed the Planning Commission. He referenced the Plan Review Center Annual Report, and thanked the Commission for their valuable input and commitment to the City. Mr. Pearson continued that his love for this City is based in part on the quality of the people and the citizens who volunteer.

Mr. Pearson told the Planning Commission that Don Saven, the long-standing Building Official, is retiring in March. With this change, as with any retirement, the City is charged with considering the various options available to it. In this case, Mr. Pearson concluded that in order to continue improving the development process, he would propose bringing together the Planning, Building and Code Enforcement functions of the City, formalizing them under one umbrella known as Community Development. He noted that this organizational strategy is common in other municipalities. Therefore, the City is recruiting a Community Development Director to oversee all of these groups. Ms. McBeth will continue as the lead contact for the Planning Commission. She has accepted the position of Deputy Community Development Director, and her responsibilities will remain with the planning group, but will also include responsibilities associated with the larger group. This will help the City knit together the functions of these departments. Mr. Pearson felt this was a natural progression for the City to take. Mr. Pearson encouraged the Planning Commission members to bring their questions forward now, or at any time in the future as the process unfolds.

Member Lipski stated his support for Ms. McBeth, and Mr. Pearson concurred with that sentiment.

Chair Cassis said that a compliment was in order. Sometimes, when a business comes to a fork in the road, it is necessary for it to change course. This takes courage. Chair Cassis has been following this process as it has been unfolding at City Council, and he was very anxious to watch its success. He can only see the strengths of this reorganization and he believed it was a better way in which to conduct City business. He again complimented the City Manager for his efforts.

Member Lynch agreed that the merging of these departments is a brilliant idea. He believed it would make the process more efficient.

Member Meyer thought this was a wonderful turning point for the City. He credited Mr. Pearson for this change. Member Meyer wished Mr. Saven well.

Mr. Pearson said that this change will also result in the staff being cross-trained so that the customer can be better assisted throughout the development process. This change should ready the City for the next wave, and will maintain the high standards already in place. Mr. Pearson ensured the Planning Commission that all elements of the process will be improved, from office design to paperwork flow.

Member Wrobel thought this was a good step, and was pleased that the City was changing with the times. He cited their previous efforts with Mr. Pearson and the Development Community Roundtable that was conducted in the previous year. Mr. Pearson responded that several themes identified through that process launched many of these innovative changes being proposed.

Member Burke thanked Mr. Pearson for speaking to them. Member Burke’s first hand knowledge of these departments and how well they cooperate with one another leads him to believe that the development community will greatly appreciate their being combined under one umbrella.

4. APPROVAL OF THE DECEMBER 13, 2006 PLANNING COMMISSION MINUTES

Moved by Member Burke, seconded by Member Lynch:

VOICE VOTE ON DECEMBER 13, 2006 MINUTES APPROVAL MOTION MADE BY MEMBER BURKE AND SECONDED BY MEMBER LYNCH:

Motion to approve the Minutes of December 13, 2006. Motion carried 7-0.

CONSENT AGENDA REMOVALS FOR COMMISSION ACTION

There were no Consent Agenda Removals for Commission Action.

MATTERS FOR DISCUSSION

There were no Matters for Discussion.

SUPPLEMENTAL ISSUES

There were no Supplement Issues.

AUDIENCE PARTICIPATION

No one from the Audience wished to speak.

ADJOURNMENT

Moved by Member Wrobel, seconded by Member Wrobel Meyer:

Motion to adjourn.

The meeting adjourned at 9:09 PM.

SCHEDULED AND ANTICIPATED MEETINGS

MON 02/05/07 CITY COUNCIL MEETING 7:00 PM

WED 02/14/07 PLANNING COMMISSION MEETING 7:00 PM

MON 02/19/07 CITY OFFICES CLOSED

MON 02/20/07 CITY COUNCIL MEETING 7:00 PM

WED 02/28/07 PLANNING COMMISSION MEETING 7:00 PM

MON 03/05/07 CITY COUNCIL MEETING 7:00 PM

TUE 03/06/07 ZONING BOARD OF APPEALS 7:30 PM

MON 03/19/07 CITY COUNCIL MEETING 7:00 PM

WED 03/28/07 PLANNING COMMISSION MEETING 7:00 PM

Transcribed by Jane L. Schimpf, February 23, 2007 Signature on File

Date Approved: Angela Pawlowski, Planning Assistant Date