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PLANNING COMMISSION ACTION SUMMARY
CITY OF NOVI
Regular Meeting
Wednesday, March 10, 2010  |  7 PM
Council Chambers | Novi Civic Center | 45175 W. Ten Mile
(248) 347-0475

CALL TO ORDER

The meeting was called to order at or about 7:00 PM.

ROLL CALL

Present:  Members David Baratta, Victor Cassis, Andy Gutman, Brian Larson, Michael Meyer, Mark Pehrson

Absent:  Members David Greco (excused), Michael Lynch (excused), Leland Prince (excused)

Also Present:  Barbara McBeth, Deputy Director of Community Development; Kristen Kapelanski, Planner; Mark Spencer, Planner; Lindon Ivezaj, City Engineer; David Beschke, City Landscape Architect; Rod Arroyo, City Traffic Consultant; Tom Schultz, City Attorney

APPROVAL OF AGENDA

A motion to approve the March 10, 2010 Agenda.  Motion carried 6-0.

PUBLIC HEARINGS

1.        CVS PHARMACY CHILLER EQUIPMENT, SCREEN WALL AND PARKING LOT, SP10-09

Public Hearing of the request of CVS Pharmacy for Preliminary Site Plan and Special Land Use Permit approval.  The subject property is located in Section 22, west of Novi Road, south of Grand River Avenue, in the I-1, Light Industrial District.  The subject property is approximately 22 acres and the applicant is proposing to remove 7 parking spaces in order to place an 888 square foot chiller equipment and screen wall compound and add an additional 11 parking spaces to serve the existing 460,000 square foot CVS distribution center building.

In the matter of CVS Distribution Center Chiller Equipment, Screen Wall and Parking Lot, SP10-09, a motion to approve the Preliminary Site Plan for accessory chiller equipment, screen wall and parking lot modifications subject to the following:  a).  Obtaining a variance from the Zoning Board of Appeals for the following:  Location of accessory equipment in side yard; Permit roof top equipment that exceeds five feet; and Permit roof top equipment without screening.  b).  Planning Commission waiver to replace raised parking lot islands with striped islands because the new parking spaces would be located on existing pavement; c) Compliance with all conditions and requirements listed in the staff and consultant review letters.  This motion was made for the reasons that it is otherwise in compliance with Article 19, Section 2400 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance.  Motion carried 5-1.

In the matter of CVS Distribution Center Chiller Equipment, Screen Wall and Parking Lot, SP10-09, a motion to approve the Special Use Permit for accessory chiller equipment, screen wall and parking lot modifications subject to the following: 

a) a) Planning Commission finding under Section 2516.2.c for the Special Land Use permit:  Relative to other feasible uses of the site:

• The proposed use will not cause any detrimental impact on existing thoroughfares due to the fact that the addition of the accessory cooler and additional parking spaces will not create any additional traffic.

• The proposed use is compatible with adjacent uses of land in terms of location, size, character, and impact on adjacent property or the surrounding neighborhood due to the fact that the proposed equipment will not be visible and should not generate an excessive amount of noise since it will be located on the opposite side of the building from the neighboring residential and surrounded by a screen wall;

• The proposed use is consistent with the goals, objectives and recommendations of the City’s Master Plan for Land Use.

• The proposed use will promote the use of land in a socially and economically desirable manner.

• The proposed use is in harmony with the purposes and conforms to the applicable site design regulations of the zoning district in which it is located as noted in the staff and consultant’s review letters;

b) Obtaining a variance from the Zoning Board of Appeals for the following:  Location of accessory equipment in the side yard; Permit roof top equipment that exceeds five feet; and Permit roof top equipment without screening.

c) The applicant providing a Noise Analysis demonstrating acceptable noise levels at Final Site Plan submittal;

d) Compliance with the amended Consent Judgment between the City of Novi and CVS Michigan Distribution, Inc. and CVS Pharmacy, Inc. on February 13, 2004 especially not causing an attendant increase in noise coming to the neighboring residential properties; and

e)  Compliance with all conditions and requirements listed in the staff and consultant review letters.

Motion carried 5-1.

2.        ZONING MAP AMENDMENT 18.694

Public Hearing of the request of Novi Mile, LLC, for Planning Commission’s recommendation to City Council for rezoning of property in Section 16, east of Beck Road, between I-96 and Grand River Avenue, from OST, Planned Office Service Technology, to FS, Freeway Service District with a Planned Rezoning Overlay (PRO).  The subject property is approximately 1.81 acres.

In the matter of USA 2 Go, SP10-11 with Zoning Map Amendment 18.694, motion to recommend approval to the City Council to rezone the subject property from OST (Planned Office Service Technology) to FS (Freeway Service) with a Planned Rezoning Overlay with the following ordinance deviations: (a) Ordinance deviations for the parking setback in the front yard (twenty feet required, ten feet provided), exterior side yard (twenty feet required, five feet provided) and the interior side yard (ten feet required, five feet provided); (b) Ordinance deviation for the lack of required setback for the proposed dumpster (ten feet required, five feet provided); (c) Ordinance deviations for the following landscaping requirements: three foot tall berm along the Beck Road frontage with recommended additional plantings in the right-of-way, three foot tall berm along the I-96 frontage with recommended additional plantings in the right-of-way, three foot tall berm along the access road frontage with a partial berm and partial three foot tall wall with the recommended continuation of this wall along the entire frontage, interior parking lot landscaping deficiency of 333 square feet (2,687 square feet required, 2,356 square feet provided), lack of building foundation planting on the south side of the building and foundation planting area deficiency of 1,482 square feet (2,768 square feet required, 1,286 square feet provided); (d) Ordinance deviation for striped end island (near the northwest corner of the site); (e) Two same-side driveway spacing waivers for the proposed access drives on the new service road (125 feet required, 90 feet and 61 feet provided); And subject to the following PRO Conditions: (f) Applicant shall construct the frontage road for the currently proposed development as shown on the PRO plan to public road standards; (g) Applicant shall provide as part of the PRO Agreement a sixty foot right-of-way for the public collector road from Beck Road to Grand River Avenue as shown on the PRO concept plan; (h) Applicant shall construct the remainder of the public collector road to public road standards at the time the development of any adjacent properties, whether by current owners or their successors and assigns or adjacent owners; (i) Upon construction of the public collector road linking Beck Road and Grand River Avenue with the next development after the gas station development, left turns out onto Beck Road will be prohibited; provided, however, that at the time of any development approval or site plan approval, applicant or its successors and assigns can seek to address left turn issues as part of the development/site plan approval; (j) Applicant shall provide an access easement to the City sanitary sewer force main and MDOT pond in the location shown on the PRO plan; (k) Applicant shall initiate/recommence discussions with MDOT and the City to improve the storm water detention area between the gas station site and the I-96 freeway.  The basin, owned by MDOT, may provide storm water retention benefits beyond the gas station site as a benefit to other parcels in the area; (l) Applicant shall specify and propose future Beck Road access improvements (to be elaborated by the applicant); (m) The following revisions to the PRO concept plan: Applicant shall provide additional loading zone screening along the northern, southern and eastern property lines; Applicant shall provide air dispensing facilities; Applicant shall shift the southerly connection of the proposed road as indicated in the Traffic Review Letter; Application shall redesign the gas station canopy to be in conformance with the façade chart; Applicant shall provide additional vegetation along the easterly property line to screen the loading zone;

(n) Applicant shall comply with all of the conditions and items noted in the staff and consultant review

letters; and (o) Applicant will continue to work with the staff on the proposed signage;  for the following reasons: Approval of the application accomplishes, among other things, and as determined in the discretion of the City Council, the integration of the proposed land development project with the characteristics of the project area, and results in an enhancement of the project area as compared to the existing zoning, and such enhancement would be unlikely to be achieved or would not be assured in the absence of the use of a Planned Rezoning Overlay; and Sufficient conditions are included on and in the PRO plan and PRO Agreement on the basis of which the City Council concludes, in its discretion, that, as compared to the existing zoning and considering the site specific land use proposed by the applicant, it would be in the public interest to grant the rezoning with Planned Rezoning Overlay; as the benefits which would reasonably be expected to accrue from the proposal are balanced against, and have been found to clearly outweigh the reasonably foreseeable detriments thereof, taking into consideration reasonably accepted planning, engineering, environmental and other principles.

Motion carried 6-0.

MATTERS FOR CONSIDERATION

1.        APPROVAL OF THE JANUARY 13, 2010 MINUTES

A motion to approve the January 13, 2010 Planning Commission minutes.  Motion carried 6-0.

2.        APPROVAL OF THE FEBRUARY 24, 2010 MINUTES

A motion to approve the February 24, 2010 Planning Commission minutes.  Motion carried 6-0.

ADJOURNMENT

The meeting adjourned at 9:12 PM.

* Actual Language of motions subject to review.