File #: 2006-0254    Version: 1
Type: Project Status: Passed
File created: 3/27/2006 In control: City Council Regular Meeting
On agenda: Final action: 4/5/2006
Title: Request for Site Plan Approval Pursuant to the May 26, 2005 Amended Consent Judgment - City File No. 05-030.2 - Wal-Mart, a proposed 203,819 square-foot building on approximately 22 acres, located at the southwest corner of Adams and M-59, zoned ORT - Office Research Technology, Parcel No. 15-30-276-003, Wal-Mart Stores, Inc., applicant
Attachments: 1. Agenda Summary.pdf, 2. Report Staff (3).pdf, 3. TC Approvals.pdf, 4. Letter AH 03-28-06.pdf, 5. Letter Anzek 03-21-06.pdf, 6. Wal Mart Site Plan.pdf, 7. Suppl info - Citizen letters-emails.pdf, 8. 0254 Resolution.pdf
Title
Request for Site Plan Approval Pursuant to the May 26, 2005 Amended Consent Judgment - City File No. 05-030.2 - Wal-Mart, a proposed 203,819 square-foot building on approximately 22 acres, located at the southwest corner of  Adams and M-59, zoned ORT - Office Research Technology, Parcel No. 15-30-276-003, Wal-Mart Stores, Inc., applicant
 
Body
Whereas, in accordance with Section 9 of the First Amendment to Consent Judgment entered May 26, 2005, in Grand/Sakwa Acquisitions, LLC v City of Rochester Hills, Oakland County Circuit Court Case No. 02-046199-AW, the City has processed and reviewed the site plan for a proposed Wal-Mart store to be located on the eastern portion of the Grand/Sakwa site located south of M-59 and east of the new M-59/Adams interchange; and
 
Whereas, through the First Amendment to Consent Judgment, a Wal-Mart store with building elevations and materials in substantial conformity with Exhibit 2 attached to the First Amendment was granted Conceptual Site Plan approval; and
 
Whereas, a Technical Review Committee comprised of representatives from the Building, Engineering, Fire, Planning and Development, Parks and Forestry and Assessing Departments, along with the City's Landscape Architect and the City's Engineering Consultant has reviewed the site plan for technical compliance with the provisions of the Consent Judgment, as amended, and applicable City Codes and Ordinances; and
 
Whereas, the Technical Review Committee has advised the Rochester Hills City Council that the Site Plan for Wal-Mart is in substantial technical compliance.
 
Resolved that the Rochester Hills City Council hereby approves the Site Plan, dated received March 28, 2005, and grants a Buffer Modification to permit a retaining wall with guardrail to be built within the 25-foot buffer along the southeastern property line for Wal-Mart, a proposed 203,819 square-foot store located at Adams Road and M-59, in accordance with the provisions set forth in the First Amendment to Consent Judgment.
 
Further Be It Resolved that the applicant shall pay into the City Tree Fund an amount of $31,110.00 for those trees that are removed and not being replaced on site, and that a Landscape Performance and Maintenance Bond or Letter of Credit in the amount of $191,436.00 be placed on file with the City. Both payments shall be made prior to the issuance of a Building Permit.
 
Further Be It Resolved that the light poles shall be approved at a height of twenty-four feet (24') as measured from the top of a base measuring no greater than three feet in height for a maximum total height of twenty-seven feet (27') when measured from the grade to top of fixture, and to limit the wattage of lights to reduce the maximum light to 12 lumens or less and the average to 1.5 lumens or less.
 
Further Be It Resolved that the hours of operation be limited to eighteen (18) hours, from 6:00 a.m. to midnight, as is done at the Wal-Mart store in Livonia, Michigan.
 
Further Be It Resolved that the parking lot be signed to prohibit overnight parking by RVs or large trucks.
 
Further Be It Resolved to add more trees along the northwestern boundary if they can be accommodated in the landscaping as approved by the Landscape Architect and the tree fund amount adjusted accordingly.
 
Further Be It Resolved that landscape irrigation not be performed at peak times of 5:00 a.m. to 9:00 a.m. and 5:00 p.m. to 9:00 p.m.
 
Be It Finally Resolved at approximately six months and one year after opening there be a meeting with representatives of Wal-Mart, the representatives of the Oakland County Sheriff's Department (OCSD), and the Rochester Hills City Council to evaluate the impact on OCSD operations.