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CITY OF NOVI
Regular Meeting
June 13, 2012  7:00 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: Member Baratta, Member Gutman, Member Lynch, Member Pehrson, Member Prince

Absent: Member Anthony (excused), Member Greco (excused)

Also Present: Barbara McBeth, Deputy Director of Community Development; Kristen Kapelanski, Planner; Beth Kudla-Saarela, City Attorney; Sarah Fleming, Planner

APPROVAL OF AGENDA

Motion to approve the June 13, 2012 Planning Commission agenda. Motion carried 5-0.

PUBLIC HEARINGS

  1. KROGER SEASONAL OUTDOOR SALES, ZCM12-12

Public hearing for the request of The Kroger Company of Michigan for Special Land Use Permit and Preliminary Site Plan Approval. The subject property is located at 47650 Grand River Avenue, in Section 17 at the northwest corner of Grand River Avenue and Beck Road, in the B-2, Community Business District. The applicant is proposing to occupy a space along the front of the existing Kroger grocery Store in the West Market Square shopping center for outdoor sales of plant materials and produce.

In the matter of the request of The Kroger Company of Michigan for Seasonal Outdoor Sales, ZCM 12-12, motion to approve the Special Land Use Permit, subject to the following:

a. Planning Commission finding under section 2516.2.c for the Special Land Use permit:

Whether, relative to other feasible uses of the site,

  • The proposed use will not cause any detrimental impact on existing thoroughfares due to the relatively minor expansion of an existing business to allow for outside sales of plants and produce, much of which is already available for sale at the Kroger grocery store;
  • 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 location of the outdoor sales which are proposed to be on the existing sidewalk directly adjacent to the retail store;
  • The proposed use is consistent with the goals, objectives and recommendations of the Cityís Master Plan for Land Use;
  • The proposed use will promote the use of land in a socially and economically desirable manner as it is an enhancement to an existing business; and
  • 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 consultantís review letters;

b. Combustible materials shall not be stored under the canopy; and

c. Compliance with all conditions and requirements listed in the staff and consultant review letters because it is otherwise in compliance with Article 14, Article 24 and Article 25 and all other applicable provisions of the Zoning Ordinance.

 Motion carried 5-0.

In the matter of The Kroger Company of Michigan for Seasonal Outdoor Sales, ZCM 12-12, motion to approve the Preliminary Site Plan, subject to the following:

  1. Applicant should maintain a minimum level pathway width of 6 feet along the sidewalk;
  2. Applicant should limit outdoor sales to produce and plant material only;
  3. Determination by the Building Official and the Fire Marshal of the types and quantities of seasonal plant materials to be permitted under the existing building canopy; and
  4. The conditions and items in the staff and consultant review letters being addressed on the Stamping Set

because it is otherwise in compliance with Article 14, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the ordinance. Motion carried 5-0.

2. ZONING ORDINANCE TEXT AMENDMENT 18.255 FOR RETAIL SERVICE OVERLAY EXPANSION

Public hearing for Planning Commissionís recommendation to the City Council for an ordinance to amend the City of Novi Zoning Ordinance at Article 23A, OST, Planned Office Service Technology District, Section 2302A, Retail Service Overlay uses permitted subject to special conditions; in order to expand the areas where the retail service overlay is permitted to the area east of M-5 and north of 12 Mile Road.

Motion to direct staff to amend the ordinance provisions to permit drive-through restaurants in limited instances. Motion carried 5-0.

3. ZONING ORDINANCE TEXT AMENDMENT 18.258 FOR OUTDOOR RESTUARANTS

Public hearing for Planning Commissionís recommendation to the City Council for an ordinance to amend the City of Novi Zoning Ordinance at Article 25, General Provisions, Section 2524, Outdoor Restaurants; in order to revise the approval process and provisions for outdoor seating.

Motion to recommend approval of Text Amendment 18.258 with the following amendment: "seats" should be changed to "occupants" to clarify the intent of the ordinance. Motion carried 5-0.

4. ZONING ORDINANCE TEXT AMENDMENT 18.256 FOR DRIVE-THROUGH RESTAURANTS IN TC-1

Public hearing for Planning Commissionís recommendation to the City Council for an ordinance to amend the City of Novi Zoning Ordinance at Article 16, TC and TC-1 Town Center Districts, Section 1600, Intent and Section 1602, Principal Uses Permitted Subject to Special Conditions: in order to permit drive-through restaurants in the TC-1 Town Center Zoning District.

Motion to direct staff to amend the proposed ordinance to address the items highlighted by the Planning Commission. Motion carried 5-0.

5. ZONING ORDINANCE TEXT AMENDMENT 18.259 FOR AUTOMOTIVE SERVICE ESTABLISHMENT PARKING REQUIREMENTS

Public hearing for Planning Commissionís recommendation to the City Council for an ordinance to amend the City of Novi Zoning Ordinance at Article 25, General Provisions, Section 2505.14(e)3 Automotive Service Establishment, Public Garage: in order to update the formula for calculating parking requirements for this use.

Motion to recommend approval of Text Amendment 18.259. Motion carried 5-0.

MATTERS FOR CONSIDERATION

  1. SET A PUBLIC HEARING FOR JULY 11, 2012 FOR ZONING ORDINANCE TEXT AMENDMENT 18.257 TO PROVIDE REGULATIONS FOR TEMPORARY SPECIAL EXCEPTIONS

    Motion to set a public hearing for Text Amendment 18.257 for July 11th. Motion carried 5-0.

  2. SET A PUBLIC HEARING FOR JULY 11, 2012 FOR ZONING ORDINANCE TEXT AMENDMENT 18.260 AND SIGN ORDINANCE AMENDMENT 12-100.42 TO UPDATE THE DEFINITIONS, STANDARDS AND SIGN REGULATIONS FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICE USES

    Motion to set a public hearing for Text Amendment 18.260 and Sign Ordinance Amendment 12-100.42 for July 11th. Motion carried 5-0.

  3. APPROVAL OF THE MAY 9, 2012 PLANNING COMMISSION MINUTES

    Motion to approve the 5-9-12 Planning Commission Minutes. Motion carried 5-0.

  4. APPROVAL OF THE MAY 23, 2012 PLANNING COMMISSION MINUTES

Motion to approve the 5-23-12 Planning Commission Minutes. Motion carried 5-0.

ADJOURNMENT

The meeting adjourned at 8:15 PM.

*Actual Language of motions subject to review.