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PLANNING COMMISSION          Approved
CITY OF NOVI
Regular Meeting
Wednesday, January 28, 2009  |  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 Victor Cassis, David Greco, Andrew Gutman, Brian Larson, Michael Lynch, Michael Meyer,

Mark Pehrson

Also Present: Barbara McBeth, Deputy Director of Community Development; Mark Spencer, Planner; Beth Kudla, City Attorney

PLEDGE OF ALLEGIANCE

Member Lynch led the meeting in the recitation of the Pledge of Allegiance.

APPROVAL OF AGENDA

Moved by Member Gutman, seconded by Member Lynch:

voice vote on approval of agenda motion made by Member Gutman and seconded by Member Lynch:

A motion to approve the January 28, 2009 Planning Commission Agenda. Motion carried 7-0.

AUDIENCE PARTICIPATION

No one from the audience wished to speak.

CORRESPONDENCE

There was no Correspondence to share.

COMMITTEE REPORTS

There were no Committee Reports.

COMMUNITY DEVELOPMENT DEPUTY DIRECTOR REPORT

Deputy Director of Community Development Barbara McBeth told the Planning Commission about the

January 26, 2009 City Council meeting. The second reading of the FaÁade Ordinance Text Amendment was approved. The second reading of the Outdoor Sales Text Amendment was also approved. The first reading of the Woodland Map Update and Woodland Ordinance Text Amendment was approved.

CONSENT AGENDA - REMOVALS AND APPROVAL

1. BECK NORTH CORPORATE PARK PHASE 2, LOTS 12 & 13, SP06-47

Consideration of the request of Amson Dembs Development for a one-year Preliminary Site Plan extension. The subject property is located in Section 4 at the northwest corner of Cartier and Hudson Drive in the I-1, Light Industrial District. The subject property is approximately 2.77 acres and the Applicant is proposing a 40,013 sq. ft. speculative light industrial warehouse building.

Moved by Member Cassis, seconded by Member Gutman:

roll call vote on consent agenda approval made by Member Cassis and seconded by Member Gutman:

A motion to approve the Consent Agenda. Motion carried 7-0.

PUBLIC HEARINGS

1. FAITHFULLY FIT, SP08-48

The Public Hearing was opened on the request of Faithfully Fit, Inc., for Special Land Use Permit approval. The subject property is located in Section 24, south of Grand River Avenue and west of Haggerty Road in the B-3, General Business District. The subject property is approximately three acres and the Applicant is proposing a fitness center.

Planner Mark Spencer described the project. The proposed business will be located in a 1,365 square-foot tenant space in the 2.9 acre Pheasant Run Plaza, which is located on the southeast corner of Grand River Avenue and Karim Blvd. The surrounding land uses include a self storage facility and an automobile repair/body shop to the north; a drive-through restaurant to the east; an office building to the south; and the Grand Oaks retail center to the west

The zoning of the property is B-3, General Business, as is the property to the east. Properties to the north are zoned

I-1, Light Industrial; to the south OS-1, Office Service; and to the west NCC, Non-Center Commercial. The subject property is master planned for Community Commercial as are the properties to the east and west; properties to the north are master planned for Light Industrial and to the south they are master planned for Office. Wetlands and a creek touch the southeast corner of this property, but they are not a concern since this is an existing site with no new construction.

Mr. Spencer said that Indoor recreation facilities, including fitness centers, are permitted uses in the B-3 District subject to meeting the Special Land Use requirements of Section 2516.

A Noise Impact Statement is also required for this Special Land Use request. The statement was provided and Staff concurs with statementís conclusion that the proposed use is unlikely to generate noise that exceeds the allowable noise standards of the Ordinance.

The Planning Commission, in exercising its discretion over Special Land Use permit approval, should consider whether the proposed use, relative to other feasible uses of the site:

Will cause any detrimental impact on existing thoroughfares, public services and public facilities;

Is compatible with the natural features and characteristics of the land and adjacent uses;

Is consistent with Cityís Master Plan for Land Use; and

Will promote the use of land in a socially and economically desirable manner.

The Planning Staff does not anticipate any issues with the proposed use and it recommends approval of the requested Special Land Use Permit because the request meets the intent and requirements of the Zoning Ordinance.

Mr. Chuck Alawan, Property Manager, addressed the Planning Commission. He thanked Deputy Director of Community Development Barbara McBeth and Mr. Spencer for their assistance in bringing this request before the Planning Commission.

Member Gutman read the Public Hearing correspondence into the record.

Fahzi Tomey, Jimmy Johnís: Approved of the request.

Katy Corey, Novi Urgent Care: Approved of the request.

Melissa Agosta, Gina Agosta: Approved of the request.

No one from the audience wished to speak so Chair Pehrson closed the Public Hearing.

Moved by Member Gutman, seconded by Member Lynch:

In the matter of Faithfully Fit, SP08-48, a motion to approve the Special Use Permit for a fitness center for the reasons that the Planning Commission finds that relative to other feasible uses of the site, the proposed use: 1) Will not cause any detrimental impact on existing thoroughfares or the capabilities of public services and facilities; 2) Is compatible with the natural features and characteristics of the land and adjacent uses of land; 3) Is consistent with the goals, objectives and recommendations of the Cityís Master Plan for Land Use; 4) Will promote the use of land in a socially and economically desirable manner; and 5) 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.

DISCUSSION:

Member Cassis noted the curious location of this fitness facility between aromatic restaurants. He supported the request.

ROLL CALL VOTE ON FAITHFULLY FIT, SP08-48, Special Land Use APPROVAL MOTION MADE BY Member Gutman AND SECONDED BY Member Lynch:

In the matter of Faithfully Fit, SP08-48, a motion to approve the Special Use Permit for a fitness center for the reasons that the Planning Commission finds that relative to other feasible uses of the site, the proposed use: 1) Will not cause any detrimental impact on existing thoroughfares or the capabilities of public services and facilities; 2) Is compatible with the natural features and characteristics of the land and adjacent uses of land; 3) Is consistent with the goals, objectives and recommendations of the Cityís Master Plan for Land Use; 4) Will promote the use of land in a socially and economically desirable manner; and 5) 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. Motion carried 7-0.

MATTERS FOR CONSIDERATION

1. SET A PUBLIC HEARING FOR FEBRUARY 25, 2009 FOR ZONING ORDINANCE TEXT AMENDMENT 18.235 RELATED TO FITNESS CENTERS WITHIN CERTAIN ZONING DISTRICTS

Planner Mark Spencer said that the Staff does not find that smaller fitness centers such as Faithfully Fit will have an adverse impact upon a shopping centerís noise, traffic or parking. For this reason, Zoning Ordinance Text Amendment 18.235 has been prepared for the Planning Commissionís consideration. It will remove the Special Land Use requirement for fitness centers like Faithfully Fit.

Member Cassis asked whether there is a size restriction. Mr. Spencer responded that this Amendment applies to fitness centers of less than 2,000 square feet. Beyond that size, fitness centers attract AM and PM peak traffic crowds that might present issues. Member Cassis agreed that larger operations bring other ramifications to consider.

Member Gutman thanked the Staff for their proactive approach to presenting this Text Amendment to address an Ordinance issue identified during the Faithfully Fit request for a Special Land Use. This removes a burden from the community and Staffís effort in making adjustments to the Ordinance makes sense.

Moved by Member Gutman, seconded by Member Meyer:

roll call vote on motion made by Member Gutman and seconded by Member Meyer:

A motion to set a February 25, 2009 Public Hearing date for Zoning Ordinance Text Amendment 18.235, relating to fitness centers within certain zoning districts. Motion carried 7-0.

CONSENT AGENDA REMOVALS FOR COMMISSION ACTION

There were no Consent Agenda Removals.

MATTERS FOR DISCUSSION

1. PLANNING COMMISSION COMMITTEE MEMBER APPOINTMENTS

Chair Pehrson said that over the past months the Planning Commission has lost members to the Zoning Board of Appeals and City Council. Some adjustments must be made to the Planning Commission Committees. Deputy Director of Community Development Barbara McBeth said that on February 2, 2009 the City Council will be holding interviews for these vacancies; new members will likely be named shortly after those interviews.

Member Cassis requested to fill a vacancy on the Master Plan and Zoning Committee.

Member Lynch offered to upgrade from alternate to being a full member of the Master Plan and Zoning Committee.

Chair Pehrson suggested that these members be placed on the Master Plan and Zoning Committee after he informally polled the Planning Commission and no objections were raised.

Planner Mark Spencer said that naming a new Master Plan and Zoning Committee alternate was not a requirement, but the Planning Commission may wish to do so in light of the 2009 Master Plan update and the intensity of the work involved. Member Greco offered to be named the alternate.

Chair Pehrson asked whether any Planning Commission member wished to be considered for the ZBA liaison. Member Cassis agreed to be considered.

Chair Pehrson explained that the Administrative Liaison Committee is comprised of the Planning Commissionís officers. Member Wrobelís departure requires the Planning Commission to fill the Vice-Chair vacancy. Chair Pehrson asked the Planning Commission to consider moving Member Gutman into that position. Member Cassis seconded the suggestion. Ms. McBeth did not believe that a roll call vote was necessary. Member Gutman thanked the Planning Commission for the honor as serving as Vice-Chair. Member Gutman nominated Member Greco to be Planning Commission Secretary. Chair Pehrson accepted a second from one of the Planning Commission members. Member Greco accepted the position.

A recapitulation of the new appointments for the Planning Commission and its Committee vacancies are:

Master Plan and Zoning Committee: Victor Cassis and Mike Lynch; David Greco (alternate)

ZBA Liaison recommended to City Council for consideration: Victor Cassis

Planning Commission Officers and Administrative Liaison Committee:

Mark Pehrson, Chair

Andrew Gutman, Vice-Chair

David Greco, Secretary

SUPPLEMENTAL ISSUES

There were no Supplemental Issues.

AUDIENCE PARTICIPATION

No one from the audience wished to speak.

ADJOURNMENT

Moved by Member Lynch,

Motion to adjourn.

Chair Pehrson notified the Planning Commission that the February 11, 2009 Planning Commission meeting may be cancelled in favor of creating a more complete Agenda for February 25, 2009.

The meeting adjourned at 7:24 PM.

SCHEDULED AND ANTICIPATED MEETINGS

WED 01/28/09 BUDGET COMMITTEE MEETING 6:00 PM

MON 02/02/09 CITY COUNCIL MEETING 7:00 PM

THU 02/05/09 MASTER PLAN AND ZONING COMMITTEE 7:00 PM

MON 02/09/09 CITY COUNCIL MEETING 7:00 PM

TUE 02/10/09 ZONING BOARD OF APPEALS MEETING 7:00 PM

WED 02/11/09 PLANNING COMMISSION MEETING 7:00 PM

SAT 02/14/09 CITY COUNCIL MEETING 8:30 AM

MON 02/16/09 CITY OFFICES CLOSED

TUE 02/17/09 CITY COUNCIL MEETING 7:00 PM

WED 02/25/09 PLANNING COMMISSION MEETING 7:00 PM

Transcribed by Jane L. Schimpf, Signature on File

Customer Service Representative Angela Pawlowski, Planning Assistant Date

February 9, 2009

Date Approved: February 25, 2009