2. PANERA BREAD DRIVE-THROUGH JSP12-48

Public hearing at the request of Panera Bread for recommendation to the City Council for Preliminary Site  Plan approval, Special Land Use permit approval and Stormwater Management Plan approval.   

Panera Bread is located in the existing City Center Plaza in Section 22, at 25875 Novi Road, on the northeast corner of Novi Road and Flint Street in the TC-1, Town Center District.  The subject property is approximately 5.3 acres and the applicant is proposing to construct a drive-through lane adjacent to the existing Panera Bread along with a 468 square foot building addition.

In the matter of Panera Bread Drive-through, JSP12-48, motion to recommend approval of the Special Land Use permit based on the following findings:

Relative to other feasible uses of the site:

· The proposed use will not cause any detrimental impact on existing thoroughfares (as indicated by the submitted traffic study);

· The proposed use will not cause any detrimental impact on the capabilities of public services and facilities (because the plan adequately addresses management of the increased stormwater volumes);

· The proposed use is compatible with the natural features and characteristics of the land (because the plan does not impact any natural features);

· The proposed use is compatible with adjacent uses of land (because the proposed use is accessory only to an existing retail use and larger retail center);

· 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; and

· The proposed use is (1) listed among the provision of uses requiring special land use review as set forth in the various zoning districts of this Ordinance, and (2) is in harmony with the purposes and conforms to the applicable site design regulations of the zoning district in which it is located because the plan is otherwise in compliance with Article 16, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance. 

Motion carried 5-0.

In the matter of Panera Bread Drive-through, JSP12-48, motion to recommend approval of the Preliminary Site Plan, subject to the following:

1. City Council modification of the southern exterior side yard setback from a maximum of 10 feet to 176 feet because (1) the modification will not impair the health, safety, or general welfare of the City as related to the use of the premises or adjacent premise; (2) the modification would result in a more desirable relationship between a proposed building and an existing building; and (3) the adherence to a minimum or maximum required setback would result in the establishment of non-usable land area that could create maintenance problems.

2. Zoning Board of Appeals variance for the deficient front yard parking setback (20’ required, 10’ provided);

3. Zoning Board of Appeals variance for the lack of a drive-through bypass lane;

4. The conditions and items listed in the staff and consultant review letters being addressed on the Final Site Plan submittal

5. Same-side driveway spacing waiver (105’ required, 82’ provided); and

6. City Council waiver to allow a reduction in the required greenbelt width from 20 ft. to 10 ft.

This motion is made because the plan is otherwise in compliance with Article 16, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance.  Motion carried 5-0.

In the matter of Panera Bread Drive-through, JSP12-48, motion to recommend approval of the Stormwater Management Plan, subject to the conditions and items listed in the staff and consultant review letters being addressed on the next plan submittal.  This motion is made because the plan is otherwise in compliance with Chapters 11 and 12 of the Code of Ordinances and all other applicable provisions of the Ordinance.  Motion carried 5-0.

3. CROSSFIT GYM, JSP12-70 

Public hearing at the request of Phil DiPrima for Preliminary Site Plan approval, Special Land Use permit approval and Stormwater Management Plan approval.  The subject property is located in Section 16, at 46039 Grand River Avenue, east of Beck Road in the I-1, Light Industrial District.  The subject property is approximately 7.7 acres and the applicant is proposing to occupy a 5,500 square foot space for an indoor fitness facility and create eight parking spaces on the site.

In the matter of Crossfit Gym, JSP12-70, motion to approve the Special Land Use permit based on the following findings:

Relative to other feasible uses of the site:

· The proposed use will not cause any detrimental impact on existing thoroughfares (given the size of the new use);

· The proposed use will not cause any detrimental impact on the capabilities of public services and facilities (given the size of the new use);

· The proposed use is compatible with the natural features and characteristics of the land (because the plan does not impact any natural features);

· The proposed use is compatible with adjacent uses of land (because the proposed use is located far from the existing adjacent residential);

· 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; and

· The proposed use is (1) listed among the provision of uses requiring special land use review as set forth in the various zoning districts of this Ordinance, and (2) is in harmony with the purposes and conforms to the applicable site design regulations of the zoning district in which it is located; because the plan is otherwise in compliance with Article 19, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance.  Motion carried 5-0.

In the matter of Crossfit Gym, JSP12-70, motion to approve the Preliminary Site Plan, subject to the following:

a. Staff updating and the applicant signing the revised agreement indicating no tenants may occupy any portion of the northwestern building on the site or the remaining space in the northeastern building on the site until additional parking is provided;

b. The applicant relocating spaces ‘7’ and ‘8’, as indicated in the fire review letter;

c. Waiver of the required Noise Impact Statement (because the applicant will not be adding any noise generating equipment to the site); and

d. The conditions and items listed in the staff and consultant review letters being addressed on the Final Site Plan submittal.

This motion is made because the plan is otherwise in compliance with Article 19, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance.  Motion carried 5-0.

In the matter of Crossfit Gym, JSP12-70, 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 next plan submittal.  This motion is made because the plan is otherwise in compliance with Chapters 11 and 12 of the Code of Ordinances and all other applicable provisions of the Ordinance.  Motion carried 5-0.

4. ZONING ORDINANCE TEXT AMENDMENT 18.264 TO PROVIDE LIGHTING AT RESIDENTIAL ENTRANCES ON MAJOR THOROUGHFARES

Public hearing for Planning Commission’s recommendation to the City Council for an Ordinance to amend the City of Novi Zoning Ordinance at Article 25, General Provisions, Section  2511, Exterior  Lighting; in order to modify the standards for lighting at residential development entrances. 

Motion to recommend approval to the City Council of Text Amendment 18.264 regarding lighting at residential entrances on major thoroughfares and incorporating the comments provided at the meeting by the City Attorney.   Motion carried 5-0.

5. ZONING ORDINANCE TEXT AMENDMENT 18.265 TO MODIFY THE STANDARDS FOR COMMUNICATION ANTENNAS

Public hearing for Planning Commission’s recommendation to the City Council for an Ordinance to amend the City of Novi Zoning Ordinance at Article 25, General Provisions, Section  2508, Uses Not Otherwise Included within a Specific District; in order to modify the standards for communication antennas.

Motion to recommend approval to the City Council of Text Amendment 18.265 to modify the standards for communication antennas and incorporating the additional revisions provided at the meeting by the City Attorney.   Motion carried 5-0.

MATTERS FOR CONSIDERATION

1.  APPROVAL OF THE OCTOBER 24, 2012 PLANNING COMMISSION MINUTES

Motion to approve the October 24, 2012 Planning Commission minutes.  Motion carried 5-0.

2. APPROVAL OF THE NOVEMBER 14, 2012 PLANNING COMMISSION MINUTES

Motion to approve the November 14, 2012 Planning Commission minutes.  Motion carried 5-0.

ADJOURNMENT                                                                                                                                                                                                                        

The meeting was adjourned at 8:19 PM.

Actual Language of motions subject to review.