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Master Plan for Land Use

Adoption Master Plan for Land Use Amendments

Discussion on proposed amendmen ts to the City of Novi Master Plan for LandUse. The Planning Commission is asked to approve a resoluti on adopt ing theproposed amendments as drafted or with a mendment(s).

Required ActionApprove/postpone a resolution adopting the proposed 2010 Master Plan forLand Use Amendments incl ud ing the proposed Future Land Use Map with orwithout amendment.

August 25, 2010

Motions

Adoption of Alternative Procedure to Adopt Master Plan for Land UseAmendments

Motion to approve the following alternative procedure for adoption of theproposed Master Plan for Land Use because the proposed Master Plan for LandUse Amendments is a very large document that covers many subjects:

a. Divide the proposed amendments into the following sections orsubjects to be acted upon separately for inclusion in the finialdocument:a. Special Planning Project Area 1 future land use map

designations;b. Other subject(s) if any;c. Balance of the proposed Master Plan for Land Use amendments

proposed July 14,2010 including minor changes presented tothe Planning Commission on July 14,2010.

b. Discuss each of the above proposed Master Plan for Land Usesections or subjects and entertain motions to approve sections orsubjects as presented with changes (if any);

c . Vote on motion and include sections or subjects in the final draft ofthe Master Plan for Land Use that receive a simple majority of thevote; and

d . Entertain motion to approved resolution to adopt entire proposedMaster Plan for Land Use and vote on motion (2/3 vote ofmembership needed to adopt Master Plan for Land Useamendments) .

Motions

Adopt-proposed Master Plan AmendmentsMotion to approve a resolution adopting the proposed 2010 Master Plan forLand Use Amendments with the changes proposed by the Ma ster Plan andZoning Committee on July 7, 2010, including the proposed Future Land Use Map,subject to the following revisions:

a. (if any)

for the following reasons:

1. The Master Plan & Zoning Committee and the Planning Commission,with the assistance of the Community Devel opment DepartmentPlanning Staff , reviewed the current Master Plan for Land Use's goal s,objectives, and implementalion strategies, and the Future Land UseMap use designations for the entire City, and evaluated each of thethree Master Plan Study Areas in detail;

2. Public c omments regarding the future land uses in the study areas andCity at large were solici ted and people provided input throughanswering questionnaires, written comments and in person at City Hall,public meetings and public open houses;

3. The proposed Master Plan for Land Use amendments reflect thedesires of the City's citizens, promote natural fea ture protection, fosterquality development, encourage inve stment in the City, an d providedesign guidance for future transportation improvements; and

4. The proposed amendments foster sound land use planning byinclUding the following new land use goals:• Provide for planned development areas that provide a transition

between high intensity office, industrial and commerc ia l uses andone-family residential uses.

• Develop the Grand River Avenue and Beck Road Study Area in amanner that supports and complements neighboring areas.

• Create, preserve, and enhance quality residential areas in theCity.

• Continue to promote active living and healthy lifestyles in the Cityof Novi and continue to achieve a high level of recognition underthe State of Michigan's "Promoting Active CommunitiesProgram."

Postpone - proposed Master Plan AmendmentsMotion to postpone action on the proposed Master Plan for Land UseAmendments and request the Master Plan and Zoning Committee to review thePlanning Commission's concerns and present a revised set of proposed MasterPlan Amendments that address these concerns.

Proposed Master Plan for Land Use Amendment Adoption Resolution

PLANNING COMMISSION RESOLUTION ADOPTING THE 2010AMENDMENTS TO THE CITY OF NOV I'S

MASTER PLAN FOR LAND USE

City of NoviCounty of Oakland, Michigan

WHEREAS, the City of Novi, through its Planning Commission, adopted aMoster Plan for Land Use in 2004 and was amended in 2008, and

WHEREAS, the City determined in December 2008 to review the entireMoster Plan for Land Use, undertake the study of certain areas and to alsodiscuss some additional areas or aspects of the City land use plan; and

WHEREAS, the Planning Commission decided in particular to focus on thefollowing study areas:

• Special Planning Project Area 1 (Ten Mile and Novi Roods);• Grand River Avenue and Beck Rood• Eleven Mile and Beck Roods

WHEREAS, the Planning Commission notified each municipality locatedwithin or contiguous to the City, the County Commission, each public utilitycompany and railroad company owning or operating a public utility or railroadwithin the City, the Rood Commission of Oakland County, the MichiganDepartment of Transportation and every governmental entity that hodregistered its nome and moiling address with the City for purposes of notificationof its intent to discuss amendments to its Moster Plan for Land Use; and

WHEREAS, relying, upon public input, the City's Planning stoff and thePlanning Commission 's Moster Plan and Zoning Committee developed a set ofproposed 2010 text and mop amendments to the City's Moster Plan for LandUse; and

WHEREAS, the proposed 2010 Amendments to the City's Moster Plan forLand Use were submitted to City Council, which authorized distribution of theproposed amendments; and

WHEREAS, the proposed 2010 Amendments to the City's Moster Plan forLand Use were distributed to each municipality located within or contiguous tothe City, the County Commission, each public utility company and railroadcompany owning or operating a public utility or railroad within the City, theRoad Commission of Oakland County, the Michigan Department ofTransportation and every governmental entity that had registered its name andmailing address with the City for purposes of notification, for review andcomment; and

WHEREAS, the Planning Commission received comments in reference tothe proposed Moster Plan for Land Use from certain of these entities; and

WHEREAS, on June 29, 2010, the Oakland County Coordinating ZoningCommittee voted to endorse the proposed 2010 Amendments to the City'sMoster Plan for Land Use, finding that the proposed amendments were notinconsistent with the Plan of any surrounding communities; and

WHEREAS, on July 7, 2010, the Moster Plan and Zoning Committee of thePlanning Commission commented on the proposed 2010 Amendments to theCity's Moster Plan for Land Use; and

WHEREAS, on July 14, 2010, after proper public notice, the PlanningCommission held a public hearing on the proposed 2010 Amendments to theCity's Moster Plan for Land Use, during which members of the public were giventhe opportunity to comment on the proposed amendments; and

WHEREAS, the Planning Commission has determined that the proposed2010 Amendments to the City's Moster Plan for Land Use, with theaccompanying maps, charts and descriptive matter accurately reflects thePlanning Commission's recommendations for the development of the areas ofthe City affected by the proposed amendments.

NOW, THEREFORE, IT IS RESOLVED that the City of Novi PlanningCommission hereby adopts the proposed 2010 Amendments to the City's MosterPlan for Land Use, doted April 28, 2010 with changes proposed by the MosterPlan and Zoning Committee on July 7, 2010 (as amended by the PlanningCommission on August 25, 2010).

IT IS FURTHER RESOLVED that the Secretory of the Planning Commissionsholl submit a copy of the 2010 Amendments to the City's Moster Plan for LandUse to each municipality located within or contiguous to the City , the CountyCommission, each public utility company and railroad company owning oroperating a public utility or railroad within the City, the Rood Commission ofOakland County, the Michigan Deportment of Transportation and everygovernmental entity that hod registered its nome and moiling address with theCity for purposes of notification.

AYES : ( )NAYS: ( )ABSENT: ( )ABSTENTIONS: ( )

RESOLUTION DECLARED ADOPTED.

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CERTIFICATION

I hereby c ertify that the foregoing Resolution constitutes a true andcomplete copy of the resolution duly adopted by the Planning Commission ofthe City of Novi, County of Oakland, Michigan, at a meeting of the City of NoviPlanning Commission duly called and held on August 25, 2010, and that publicnotice of the meeting was given in full conformity with Act 267 of the Public Actsof 1976, and that the minutes of the meeting were kept and will be madeavailable as required by law.

Maryanne Cornelius, City Clerk

CHAIRPERSON'S CERTIFICATION

I hereby certify that the foregoing resolution accurately reflects the actiontaken by the Planning Commission on August 25, 2010.

Mark Pehrson, Chairperson

3

Alternative Adoption Procedure Memo

cityofnovi.org

TO:

FROM:

THROUGH:

SUBJECT:

DATE:

ME1\110 RAN0 UMPLANNING COMMISSION r-1MARK SPENCER, A/CP, PLANNER yUC~ /;1Q/lA~BARBARA MCBETH, AICP, DEPUTY DIRECTOR

OF COMMUNITY DEVELOPMENT

MASTER PLAN FOR LAND USE AMENDMENTS

AUGUST 17, 2010

The Master Plan for Land Use is an important policy document that guides thedevelopment of the City. Although the Plan is a living document that changes fromtime to time. it is also a refledion of the City's land use gods and objedives at aparticular point of time. The State of Michigan's Planning Enabling Act includes a largeset of requirements for creating and adopting a master plan. As a principal guide formaking zoning decisions, a Master Plan and its supporting documents are often used tosupport a City's rezoning decisions in the courts. Thus, it is important that the Planinclude a future land use designation for all properties, in the event that a rezoning isproposed. The City's planning staff and City Attorney recommend that the PlanningCommission adopt a Master Plan that includes a future land use designation for allproperties within the City.

Further Discussion about Master Plan vs. ZoningThe Master Plan attempts to define the "vision" of what the community will look like overa timeframe spanning from 10 to 20 years and can provide a basis for orderly andefficient development planning through zoning and development decisions. The StateLaw says that each community's Zoning Ordinance is based on the Master Plan. TheZoning Ordinance provides the means to implement the vision created in the MasterPlan. Here's an excerpt from the State Law:

Sec. 203. (1) The zoning ordinance shall be based upon a plan designed:• to promote the public health, safety, and general welfare,• to encourage the use of lands in accordance with their character and adaptability,• to limit the improper use of land,• to conserve natural resources and energy,• to meet the needs of the state's residents for food, fiber, and other natural resources, places of

residence, recreation, industry, trade, service, and other uses of land,• to insure that uses of the land shall be situated in appropriate locations and relationships, to avoid

the overcrowding of population,• to provide adequate light and air, to lessen congestion on the public roads and streets,• to reduce hazards to life and property,• to facilitate adequate provision for a system of transportation , sewage disposal , safe and

adequate water supply, education , recreation, and other public requirements, and• to conserve the expenditure of funds for public improvements and services to conform with the

most advantageous uses of land, resources, and properties .

The zoning ordinance shall be made with reasonable consideration to the character of each district, itspeculiar suitability for particular uses, the conservation of property values and natural resources, and thegeneral and appropriate trend and character of land, building, and population development.

1

The future land use map in the Master Plan is not. however, the same thing as a zoningmap. The zoning map establishes the current, allowable uses for a property. The futureland use map reflects the City's goals and objectives for a particular parcel -of property.It may coincide with the zoning map or it may deviate in places where the actual orcurrently-appropriate use does not reflect the long-term, planned-for use. The MasterPlan is the City's "vision" for the uses of particular areas or properties, and the zoningordinance generally must be aimed at achieving that vision. However, at any givenmoment of time, achieving the long-term vision may depend on other factors or planscoming into play, and thus the zoning map-the actual, regulated, permitted use ofproperties throughout the City-might not match that vision.

While state Law ollows City Councils and other governing bodies to adopt the MasterPlans if they choose, in Novi, the Planning Commission has been the body that hasadopted the Master Plan. In addition to other factors [which are generally highlightedin the Staff and Consultant's reports), the Planning Commission has typically used theMaster Plan as a basis for rezoning recommendations. For Planned Rezoning Overlayrequests, the Concept Plan is also reviewed for consistency with ordinance standards ofthe district proposed.

Master Plan Amendment Process RecapBetween December 2008 and April 2010, the Planning Commission's Master Plan andZoning Committee, with assistance from the City' s planning staff, reviewed the adoptedMaster Plan for Land Use. This review included a section-by-section review of the futureland use designations of all properties in the City. In addition, three study areas [SpecialPlanning Project Area 1, Eleven Mile and Beck Roads and Grand River Avenue andBeck Road) were identified and reviewed in greater detail. Based on this process, theMaster Plan and Zoning Committee and the planning staff produced a Master Plan forLand Use Review that was approved by the Planning Commission in March of 2010. ThisReview was included a set of recommended Master Plan for Land Use amendmentsthat included designating the area currently designated Special Planning Project Areaon the Future Land Use Map Community Office and Industrial, Research, Developmentand Technology.

This set of proposed amendments was approved by the Planning Commission fordistribution on April 28, 2010 and by City CounCil on May 17,2010. After receivingcomments from neighboring communities, Oakland County and the public, a revisedset of amendments were presented to the Planning Commission for adoption on July14,2010. The Commission discussed the proposed amendments including theproposed future land use designations for the properties within the Special PlanningProject Area Study Area.

After discussing the merits of office, industrial and retail uses in Special Planning ProjectArea 1 Study Area, the Commission did not reach a consensus on a future land usedesignation for the properties designated Special Planning Project Area . The PlanningCommission then adopted a resolution approving the Master Plan amendments as

2

presented, with the exception of the future land use designations for Special PlanningProject Area 1. The resolution stated that area currently designated Special PlanningProject Area 1 on the Future Land Use Map shall keep this designation for further study.

At the following meeting on July 28th, the Commission discussed the merits of having acomplete Master Plan that did not leave any areas without a future land usedesignation. The Commission then passed a motion unanimously to reconsider theabove adoption. The Commission again discussed potential uses for the SpecialPlanning Project area parcels and was not able to pass a motion adopting the MasterPlan with the required two-thirds of its members [6 votes).

Alternative Approval ProcedureIn order to move forward with the adoption of the Master Plan, Staff and the CityAttorney suggest that the Planning Commission may want to use an olternctiveadoption procedure that is often used by public bodies for adopting complex or largedocuments that require a "super majority" of votes. This procedure involves voting onportions of a document first to reach a consensus through a simple majority, followedby a vote on the entire document. This procedure can assist in the approval ofcomplex documents, while insuring that everyone's point of view is heard.

Although the "super majority" may not agree on each issue, usually two-thirds of theboard can agree, in the best interest of the community, to adopt the document as awhole-even if individual members disagree with discrete or separate parts of thewhole. The City's Annual Budget document is effectively adopted with this procedure.This procedure was also used during the adoption of the last Master Plan for Land Use.The Planning Commission by resolution can agree to use this alternative procedure toadopt the Master Plan for Land Use amendments. Draft motions are attached forpossible use by the Commission: the first provides the alternative procedure fordiscussion and adoption of the plan, and the second motion provides suggestedlanguage for adoption of the overall plan.

Additional Planning Comments on Special Planning Project Area 1 Study AreaThe Planning Commission had previously requested additional information regardingthe considera tion of retail uses for Special Planning Project Area 1. Staff notes that theCity of Novi has had a long history of planning areas for retail nodes to serve residentialareas versus retail strip areas. Node style development is compact and often square inarea. Reduced frontage on a major thoroughfare lessens the visual impact ofcommercial development, especially in regard to parking and signage. Typically,office and industrial establishments have a far fewer signs and less parking, thus there isless visual impact on a neighborhood or from a major thoroughfare.

Recently developed neighborhood retail properties in the City of Novi have limitedroad frontage. Several examples are provided on the attached maps, and asdescribed below. Retail properties at the intersection of Fourteen Mile and Novi Roads,Thirteen Mile and Novi Roads, Nine Mile and Novi Roads, and Beck and Ten Mile Roadsall have less than 1,300feet of planned frontage on main roads. Currently, the plannedretail frontage at Novi and Ten Mile Roads is about 1,500 feet long on Novi Road and

3

1,300 feet on Ten Mile Road. If Specia l Planning Project Area 1 was developed for retailuses, retail propertieswith frontage on Ten Mile Road would exte nd over 3,000 feet ,over one-half of a mile. The planning staff beli eves that creating an extensivecommercial strip along Ten Mile in this area would change the character of the area .

RecommendationStaff's continued recommendation for Community Offi ce and Industrial ResearchDevelopment and Technology for Special Project Planning Area is consi stent withprevious review letters and the Master Plan Review as approved by the PlanningCo mmission.

Attached to this memo is a memo from the City's Economic Development Director, AraTopouzian further explaining his position of recommending that the PlanningCommission consider office and industria l future land use designations for the Specialplanning Project Area 1 properties.

Please feel free to contact me if you have any questions reg arding this memo.

c: Clay Pearson, City ManagerCharles Boulard, Community Development Director

4

NeighborhoodCommercial Frontage

Map 1

( I

City of NovlPlanning Division

Comm unity Development Dept.45175 WTen Mile Rd

Novi. MI 48 375cityo/no vi.org

THIRTEEN MILE

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Master Plan for Land Use Update MemoAra Topouzian, Economic Development Director

August 6, 2010

cityofri ovi.org

TO:

FROM:

SUBJECT:

DATE:

MEMORANDUM

Barbara McBeth, AICP, Community Development

Ara Topouzian , Economic Development Director~Master Plan for Land Use update

August6,2010

Thank you for allowing me to add further input regarding my initial memo to the PlanningCommission (September 10, 2009) addressing the proposed commercial development of TenMile/Novi Road and my recommendation for office and light industrial land uses as opposed to ashopping center.

The good news is that despite the overall conditions in this economy , Novi is still able to attractquality business to the community. Having this discussion over land uses for a commercial projectis certainly a far more positive subject to tackle. With that said, much has occurred as it relates tovacancies that supports my initial opinion.

Retail/shopping center vacancies in Novi have been on a steady rise since my September, 2009memo. Below I have outlined some percentages (also see attached graph) which show acomparison between office/industrial to retail/shopping center vacancies. While it is clear thatretail/shopping centers have a lower percentage of vacancies, its percentage is on the rise andremains higher than historical rates.

02 - 20108.9 - 9.8%1' Retail/Shopping Center*18.8% -J,. Office/Industrial

02 -20097.3 - 8.1 %1' Retail/Shopping Center*16.9% -J,. Office/Industrial

'excludes Twelve Oaks Mall since that is defined as a regional mall.

A few weeks ago, I attended the International Council of Shopping Centers (ICSC) annualconference at the Rock Financial Showplace. ICSC is a global trade association representing theshopping center industry. At this conference of over 300 property owners, brokers, and realtors, rhad a chance to talk with several of them regarding their vacancy/occupancy rates (some in Noviand others throughout southeast Michigan) and what they are seeing nationally. Most are strugglingwith keeping tenants in their centers and being forced to reduce rent, ultimately to not show ablighted center. In other words, property owners are working hard and squeezing their rents tomaintain occupancy of the existing retail inventory. *In 2008 in Michigan, square-footage rentalrates averaged at $18 per foot, while presently it is under $12 per foot.

Several strip centers in our community have been hit by the current economic conditions leavinglarge vacancies; several have even changed ownership due to foreclosures. Strong concentrationshould first be to fill vacancies (or at least projects that have been master planned for retail) beforecreating new centers which could face economic hardships in the future.

Finally, when considering the land use for this area, please keep in mind the railroad whichintercepts thru this land. The inventory of Novi properties which have a railroad or spur are limitedbut very attractive for business attraction in Novi. A larger user could ultimately increase propertytax values at a greater value in accordance with previous master plans for land use than anothernew retail development. '

Source:

• CoStar Group, national provider of comm ercial real estate information, marketing and analytic services.

c. Clay Pearson, City ManagerCharles Boulard, Community Development Director

City of Novi - Vacancy Comparisons

27.9 Months

3,434,169 24%

212,635 2%

2,553,623 18%

3,727,199 26%

433 of 433

356

14,088 ,991

<2,670,727> 19%

11,418,264 81%

11,677,150 83%

leasing activity

Vacancy Ratesoccupancy

Existing Bldgs:20 ~'o

# Spaces:\'is".~1,,

18 % Existing RBA:

Vacant

16 0/ 0 Occupied :

Leased:

.814 %

(;) availabilityc::>- 12 % Vacant Avail:u~

(;)u Total Avail:(;)

> 10 °;0 '1.~ rtfb

lb·,) ",/" Direct Avail:

8 0 .' Sublet Avail :' 0

Average Time :6 0 .'

' 0

4 ~~

200 7 2007 200 8 2008 2008 20 08 2009 2009 2009 200 9 2010 2010Q3 Q4 Ql Q2 Q3 Q4 Ql Q2 Q3 Q4 Ql Q2

Curctr

Leasing YTD :

Net Absorp YTD :

131,357

9,410

1%

0%

- Novi - Office, Industrial, Flex Vacancies- Novi Shopping Centers - vacancies- Novi Retail Vacancies (excl. 12 Oaks Mall)

direct triple rent

Whse range:

Whse Avg:

$3.00-$12.00Iyr

$5.63Iyr

This copyrighted report contains research licensed to City of Novi - 495361 .7/27/2010

Proposed Master Plan for Land Use Amendmentsand

Proposed Future Land Use MapPreviously Distributed

(see July 14, 2010 Planning Commission Agenda and Packet atwww.cityofnovLorg)