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1000 ‎Rochester Hills Dr‎. ‎

Rochester Hills, MI ‎

48309‎

(‎248‎) ‎656‎-‎4600‎

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Rochester Hills

Minutes

Planning Commission

7:00 PM

1000 Rochester Hills Drive

Tuesday, November 16, 1999

CALL TO ORDER

Chairperson Eric Kaiser called the Regular Meeting to order at ‎7‎:‎30 ‎p‎.‎m‎. ‎in ‎

the Auditorium‎.‎

ROLL CALL

Present PC‎: ‎Chairperson Eric Kaiser‎

William Boswell‎

Paul Corneliussen‎

Greg Hooper‎

Leah Potere‎

Christian Ramanauskas‎

James Rosen‎

Audrey Ruggiero‎

Absent PC‎: ‎None‎

Quorum present‎

Also present‎: ‎Patricia Goodwin, Planning Director‎

Susanne Vergeldt, Recording Secretary‎

APPROVAL OF MINUTES

2000-1980

September ‎21‎, ‎1999 ‎Regular Meeting‎

MOTION‎ by Hooper, seconded by Ramanauskas, that the Minutes dated ‎

September ‎21‎, ‎1999 ‎be accepted as printed‎.‎

Ayes‎:‎ All‎

Nays‎:‎ None ‎MOTION CARRIED‎.‎

Approved

COMMUNICATIONS

A‎.‎ The Chair read the following proclamation in honor of Planning ‎

Commission Member John Gaber whose term of service has expired‎. ‎

MOTION‎ by ‎Ruggiero, seconded by Ramanauskas,‎

RESOLVED,‎ that the Planning Commission commend the work, ‎

dedication and commitment of Planning Commission City ‎

Council Representative John Gaber who, taking time from family ‎

and career and other more ordinary pursuits, always made sure ‎

to study and analyze issues and topics, but more importantly ‎

always contributed to discussion and decisions, not hiding his ‎

motives behind politics nor rule by the most recently or loudly ‎

heard and likewise was willing to listen to the views and ‎

arguments of others with an open mind‎. ‎

Be it further resolved‎ that the Planning Commissioners ‎

commend John Gaber for his civic‎-‎minded awareness that we ‎

cannot just take from a community, nor do we satisfy our ‎

obligations to our neighbors by merely paying our share for ‎

services, and that a true citizen is known by his acts for the whole ‎

community and not just himself and special interests‎. ‎John ‎

Gaber serves as an example for others to follow‎."‎

Ayes‎:‎ All‎

Nays‎:‎ None‎ MOTION CARRIED‎.‎

B‎.‎ Zoning News, August ‎1999‎, from American Planning Association, ‎

"‎Zoning and Development Definitions for the Next Century‎" ‎which ‎

was included with the packets‎.‎

C‎.‎ Vision and Strategic Plan for the City of Rochester Hills‎

D‎.‎ Mugs were presented to commissioners in appreciate of their service ‎

E‎.‎ Letter dated October ‎21‎, ‎1999‎ from Edward K‎. ‎Brooks, Quail Ridge ‎

Homeowners Association Board President, regarding a piece of land ‎

for sale on Hamlin Road, for which no plan has been submitted to the ‎

city yet, urging the preservation of the existing neighborhood‎.‎

F‎.‎ The Chair recognized the presence of new Mayor Pat Somerville in the ‎

audience‎.‎

G‎.‎ Memo from Jim Dietrick regarding Agenda Item IV‎.‎A‎.‎

H‎.‎ New street maps were distributed to all members‎

NEW BUSINESS

2000-1981

Proposed Ordinance Amendment ‎(‎Public Hearing‎) - ‎Municipal Civil Infractions‎: ‎

To consider an amendment to Section ‎23‎.‎09 ‎of Zoning Ordinance No‎. ‎200 ‎to ‎

clarify and reaffirm that violations of the zoning ordinance are municipal civil ‎

infractions subject to a civil fine of not more than five hundred dollars ‎(‎$‎500‎.‎00‎)‎, ‎

plus costs and other sanctions and remedies authorized by law; and to repeal ‎

inconsistent ordinances‎.‎

The Chair requested cards from persons in the audience wishing to address the ‎

commission regarding the subject proposed ordinance amendment‎. ‎The Chair also ‎

explained the public hearing procedure‎.‎

Ms‎. ‎Goodwin explained that the purpose of the proposed ordinance amendment was ‎

to clarify that all zoning ordinance violations are municipal civil infractions instead of ‎

misdemeanors‎. ‎Since the ordinance was adopted in ‎1997‎, several various ‎

amendments since then have still inadvertently referenced misdemeanors instead of ‎

civil infractions‎. ‎The purpose is to clarify and blanket the entire zoning ordinance and ‎

provide a consistent penalty for all zoning ordinance amendments adopted between ‎

1997 ‎and ‎1999‎. ‎The hope is that the technical clarification would avoid a successful ‎

defense of a zoning violation penalty by not being explicitly stated‎. ‎The proposed ‎

ordinance amendment is essentially a clean up‎. ‎Ms‎. ‎Goodwin stated that the ‎

proposed ordinance amendment would be changed on Page ‎2 ‎to reflect the signature ‎

of the new mayor‎.‎

The Chair ‎opened the public hearing‎. ‎No persons came forward to speak ‎

regarding the subject ordinance amendment, and the Chair ‎closed the public ‎

hearing‎.‎

MOTION‎ by Rosen, seconded by Hooper, to ‎recommend approval‎ of an ‎

amendment to Section ‎23‎.‎09 ‎of Zoning Ordinance No‎. ‎200 ‎to clarify and reaffirm that ‎

violations of the zoning ordinance are municipal civil infractions subject to a civil fine of ‎

not more than five hundred dollars ‎(‎$‎500‎.‎00‎)‎, plus costs and other sanctions and ‎

remedies authorized by law; and to repeal inconsistent ordinances‎.‎

Ayes‎:‎ Boswell, Corneliussen, Hooper, Kaiser, Potere, Ramanauskas, Rosen, ‎

Ruggiero‎

Nays‎:‎ None ‎MOTION CARRIED‎.‎

(‎Ref‎: ‎Letter from Beier Howlett dated October ‎12‎, ‎1999‎; proposed ordinance ‎

amendment dated ‎10‎/‎12‎/‎99‎; Notice of Public Hearing; City Council Meeting Minutes ‎

of May ‎28‎, ‎1997 ‎and May ‎21‎, ‎1997‎; Planning Commission Meeting Minutes of ‎

March ‎4‎, ‎1997 ‎and February ‎18‎, ‎1997‎.)‎

Recommended for Approval to the City Council Regular Meeting

UNFINISHED BUSINESS

2000-1909

Request for a Tree Removal Permit ‎- ‎File No‎. ‎98‎-‎012 ‎- ‎Powerhouse Center, a ‎

29‎,‎000 ‎square‎-‎foot health‎/‎fitness club, commercial building and branch bank ‎

with drive‎-‎through on ‎5‎.‎825 ‎acres, located on the south side of Auburn, east of ‎

Rochester Road, Parcel No‎. ‎15‎-‎35‎-‎100‎-‎043‎, zoned B‎-‎3‎, Shopping Center ‎

Business, Minoru Yamasaki, Inc‎.‎, ‎6841 ‎North Rochester, Suite ‎300‎, Rochester ‎

Hills, MI ‎48306‎, Applicant‎.‎

(‎Reference‎: ‎Staff Report prepared by Patricia A‎. ‎Goodwin dated November ‎8‎, ‎1999 ‎

has been placed on file and by reference becomes part of the record hereof‎.) ‎

Present were Philip Vestevich and his brother Tom Vestevich, Robert Szantner of ‎

Minoru Yamasaki‎.‎

Ms‎. ‎Goodwin described the subject request and reviewed the history of the subject ‎

site‎. ‎The subject project has been under review since November ‎1998‎. ‎Since that ‎

time the concept has changed in terms of greenbelt dimensions along the east property ‎

line, the mix of retail components, and the amount and layout of the parking areas‎. ‎

The applicant is currently proposing to construct a ‎29‎,‎000 ‎square foot shopping ‎

center; much of the leasable area is proposed for a health club known as Powerhouse; ‎

the balance of the floor space is proposed for additional retail tenant spaces and a ‎

drive‎-‎through bank‎. ‎There are ‎155 ‎parking spaces now proposed in conjunction with ‎

the center‎. ‎The setback on the east property line to the closest point of the building is ‎

now ‎87‎.‎6 ‎feet‎. ‎Within the setback is a ‎50 ‎foot buffer where there can be no parking ‎

or loading‎/‎unloading‎. ‎That area is also restricted from any parking spaces being ‎

located within ‎75 ‎feet, which is now shown on the plan‎. ‎On the west property line ‎

there is a total of ‎51 ‎parking spaces in the side yard which abuts the Meijer's parking ‎

lot‎. ‎Staff has recently been working through some of the footnotes in the off‎-‎street ‎

parking requirements; and despite the fact that the past practice over the last ‎20 ‎years ‎

has been where there is an existing commercial development that abuts another ‎

commercial development, the off‎-‎street parking has been permitted within the side ‎

yard‎. ‎Footnotes k and j reference different exceptions to off‎-‎street parking‎. ‎It ‎

appears that the B‎-‎3‎, Shopping Center district is not explicitly excepted in any of the ‎

pertinent footnotes‎. ‎Therefore, the ‎51 ‎parking spaces proposed in the side yard ‎

directly abutting Meijer's parking lot would not conform to that standard as it is ‎

currently written‎. ‎In order to accommodate the development as now proposed, a ‎

variance would need to be granted by the ZBA‎. ‎The applicant has made application ‎

to the ZBA‎. ‎Otherwise, an ordinance amendment would be required to ‎

accommodate that circumstance‎. ‎Previously those parking spaces were shown in the ‎

same area and the issue was not addressed‎.‎

Continuing, Ms‎. ‎Goodwin described that there are ‎162 ‎trees surveyed on the ‎

property, with ‎93 ‎trees proposed to be removed and ‎69 ‎trees to remain‎. ‎Most of the ‎

trees are accommodated within the existing berm area‎. ‎The applicant is being ‎

required to replace all of the trees proposed to be removed‎. ‎Thirty‎-‎one of the trees ‎

would be replaced with ‎8‎-‎foot evergreens and ‎32 ‎trees would be ‎3‎-‎inch caliper ‎

deciduous trees‎. ‎The berm is also being raised from its current height of ‎6 ‎feet as ‎

measured from the residential side of the east property line to ‎12 ‎feet‎. ‎Per the ‎

recommendation of Linda Lemke, the applicant is replacing the removed pines with ‎

shade trees to the east of the existing pines‎. ‎This would complete the Type A buffer ‎

requirements for the property line abutting residential zoning‎.‎

Ms‎. ‎Goodwin referenced the additional memo from the City Engineer which covers ‎

the latest review of the site plan before the Planning Commission this evening‎. ‎Based ‎

on Johnson & Anderson's review of the site plan and the detention calculations ‎

provided, both the consultant and Engineering Services believe that the conceptual site ‎

plan is acceptable and that any additional drainage issues can be addressed during ‎

construction plan review‎. ‎Mr‎. ‎Dietrick was recommending a condition be added that ‎

the runoff coefficient calculations be corrected on the construction plan per his memo‎. ‎

Johnson & Anderson has noted that there is a need to have a minor correction‎: ‎the C ‎

factor is actually ‎.‎63‎, not ‎.‎65 ‎as noted on the plan‎. ‎Ms‎. ‎Goodwin noted that the ‎

previous plan contained a sheet indicating off‎-‎street improvements to Auburn Road‎. ‎

That sheet has not been included in the current plan‎. ‎It is the recommendation of the ‎

City's Traffic Engineer that those improvements continue to be provided to further ‎

improve traffic safety and circulation in and around the proposed development site‎.‎

The Chair clarified if a variance were not granted and there were no ordinance ‎

amendment, the applicant would need to revise the plan to reduce the parking ‎

required on the site‎. ‎The site plan approval could be conditioned on the granting of a ‎

variance or a change in the ordinance‎.‎

Ms‎. ‎Goodwin added that the parking calculation should be shown on the print, and ‎

the number of parking spaces proposed is the number required, which is one space ‎

for every ‎150 ‎square feet for a ‎29‎,‎000 ‎square foot building‎.‎

Mr‎. ‎Szantner confirmed that the drawing depicting Auburn Road improvements is still ‎

part of their proposal; it was an omission from their previous submittal and will be ‎

resubmitted to the Planning Department for review‎. ‎Mr‎. ‎Szantner explained the ‎

changes from the previous plan‎. ‎The building has been shifted farther to the west to ‎

increase the buffer from ‎75 ‎feet to ‎87‎.‎5 ‎feet; parking spaces have been removed ‎

within the ‎75 ‎foot setback area along the east property line; the overall size of the ‎

project has been reduced as a result of the elimination of those parking spaces; the ‎

overall height of the building has been reduced by one foot; the finish floor elevation ‎

has been reduced by one foot to reduce the effective visual height of the building to the ‎

neighbors to the east‎. ‎They have regraded the site so they have been able to lower ‎

the entire building down one foot, reducing the apparent height overall of the structure ‎

by ‎2 ‎feet‎. ‎The proposed branch bank was not delineated on the previous plan either‎.‎

Mr‎. ‎Vestevich added that the footprint of the building has been reduced to ‎27‎,‎515 ‎

square feet‎. ‎The previous submittal was ‎30‎,‎500 ‎square feet all on one floor‎. ‎They ‎

have added a mezzanine area of ‎1‎,‎485 ‎square feet‎. ‎Mr‎. ‎Vestevich believed they have ‎

addressed all of the issues raised last time‎.‎

The Chair requested comments from the public although this was not a public hearing‎.‎

John Przybysz, ‎3120 ‎Primrose,‎ stated it appeared that the same issues are ‎

still unresolved; the building setback should be at least ‎100 ‎feet; the dumpster is still ‎

facing the residences; the building is too tall because of the mezzanine;‎

Armeda Dee, ‎511 ‎Buttercup‎, expressed concern about possible water ‎

problems and the added traffic to an already congested area‎. ‎She distributed pictures ‎

showing water in the existing detention basin and asked where the water will go once ‎

the site is built‎. ‎She cautioned about overbuilding‎.‎

Letter from ‎Adrienne Przybysz, ‎3120 ‎Primrose, ‎dated November ‎14‎, ‎1999 ‎

read into the record, stating that the size and shape of the site are not realistic for the ‎

proposed development; wanted to be convinced that the site is a buildable site; and ‎

addressed concerns regarding drainage, building setback; light and noise levels, ‎

loading docks‎.‎

There were no more comments from the public‎.‎

Mr‎. ‎Vestevich responded to the concerns expressed by the public‎. ‎The project has ‎

been changed; it is effectively two feet shorter than it was; it is smaller than it was; it is ‎

farther to the west than it was; the parking on the east side of the building is gone‎. ‎

They have tried to accommodate all the reasonable concerns they have heard‎. ‎The ‎

existing drainage network is not currently working properly, but the applicant will ‎

remedy it; they will connect the appropriate infrastructure to get the water moved off ‎

the site to the retention ponds where it belongs‎. ‎There will be a network of collection ‎

basins and pipes that will take the water where it was designed to go‎. ‎Mr‎. ‎Szantner ‎

added that the system will be sufficient and efficient when it is operating properly‎. ‎

Currently Meijer's water is dumping onto the adjacent subdivision and is supposed to ‎

go through a culvert at the south side to go into the detention basin‎. ‎The culvert is ‎

currently jammed‎. ‎They will correct that problem by regrading that end of the subject ‎

site as well as some area off‎-‎site to create positive drainage away from the property‎. ‎

Any standing water on the subject site will not go ‎4 ‎feet up the berm into the ‎

subdivision; it will be funneled toward the storm catch basins and into the detention ‎

basin which is much lower in grade than the top of the berm‎. ‎This system has been ‎

confirmed by Johnson & Anderson, Nowak & Fraus, and the city staff‎.‎

Mr‎. ‎Vestevich stated to resolve the parking issue they could move the building back ‎

closer to the east property line‎. ‎To reduce the building size would be entirely ‎

economically unfeasible‎. ‎

Member Rosen explained the necessary criteria in Section ‎24 ‎of the zoning ordinance ‎

for the ZBA to find in order to grant a variance‎. ‎

Member Boswell found it curious that the ordinance would require a side yard ‎

setback for a parking lot next to a parking lot‎. ‎He thought that the ordinance should ‎

be changed in that case‎. ‎

The Chair reviewed the past issue of Meijer's revised site plan approval and a ‎

condition that Meijer's wanted to review a site plan for the subject site‎. ‎If the subject ‎

site is indeed part of Meijer's site plan, then the parking next to parking is not an issue‎.‎

The Chair stated that the applicant has made efforts to address the Planning ‎

Commission's concerns‎. ‎The issue should not be dragged out any longer‎.‎

Ms‎. ‎Goodwin explained that the detention basins are on private property, and the city ‎

may not be able to enter private property to maintain them on behalf of the property ‎

owner without an easement and‎/‎or executed maintenance agreement‎. ‎At the time the ‎

Meijer's property was designed and developed, it met the city‎’‎s standards for ‎

drainage and retention of water and maintained the runoff coefficient‎. ‎To the extent ‎

that the applicant has indicated there is an obstruction causing the water to back up is ‎

a private matter‎. ‎The private property owner should fix it‎. ‎The city has not had a role ‎

in the maintenance of the pond‎. ‎The city could seek nuisance or other action against ‎

Meijer's if it chose to address the problem‎. ‎

Mr‎. ‎Vestevich informed the Planning Commission that after the March ‎1999 ‎meeting ‎

he contacted Mr‎. ‎Lahiff, the attorney for some of the Wildflower Subdivision ‎

homeowners, and invited him to exchange ideas, and he heard nothing back from him‎.‎

Several commissioners clarified details and dimensions with the applicant regarding ‎

square footage, finished floor area, elevations, building materials, and other details to ‎

assure there would be consistency between the site plan, utility plan, and landscaping ‎

plan‎.‎

Commissioners were generally satisfied with the provisions for handicap parking, the ‎

dumpster location and the lighting plan‎. ‎Ms‎. ‎Goodwin stated that the average ‎

maintained foot‎-‎candle over the entire site is below ‎2 ‎foot‎-‎candles; and in no instance ‎

does the lighting exceed one foot‎-‎candle at the property line, consistent with ordinance ‎

standards‎.‎

Member Rosen was not convinced that the proposed plan satisfies harmony and ‎

compatibility requirements of Section ‎21‎.‎16‎.‎g‎.‎4 ‎and ‎5‎. ‎The proposed plan does not ‎

make an effective use of the greenspace and‎/‎or the buffers to achieve that harmonious ‎

relationship with the neighborhood to the east‎. ‎All but ‎1‎.‎25 ‎feet of the building is ‎

above the height of the existing berm and that is because the site has been raised in ‎

elevation‎. ‎The proposed building is located near the eastern side of the parcel‎. ‎These ‎

three factors result in a site design that imposes over the neighborhood to the east‎. ‎

The applicant has rejected any other alternatives beyond what is currently proposed ‎

on the basis of economic return‎. ‎The proposed development as proposed will have a ‎

detrimental effect on the adjacent neighborhood‎. ‎The building is still within ‎13 ‎feet of ‎

the minimum setback line to the east and could be moved farther to the west‎. ‎No ‎

evidence has been presented of the physical site limitations or conditions that would ‎

require the building to be in the proposed location‎. ‎The chosen size and location are ‎

necessary to maximize economic return‎. ‎The building is designed with the finished ‎

floor ‎1‎.‎25 ‎feet below the top of the existing berm due to stormwater drainage‎. ‎

Alternative provisions could be engineered to accommodate a lower elevation, ‎

including such things as underground storage, aboveground storage or impoundment ‎

with pumping; possible parking alternatives or building configurations that would ‎

support and complement a lower elevation‎. ‎Lowering the building and moving it ‎

farther to the west would allow a more effective buffering of the site‎. ‎There must be a ‎

recognition of how the subject parcel came to be; the parcel is not what was originally ‎

envisioned either by the city in ‎1985 ‎when the Meijer's revised site plan was ‎

approved; the applicant should have known the difficulties and assumed risks in ‎

developing the subject parcel‎. ‎The Planning Commission is not required or enabled to ‎

reduce the financial risk of developing a difficult parcel to the applicant‎. ‎The Planning ‎

Commission is, however, required and empowered to exercise discretion to help the ‎

applicant meet the city‎’‎s objectives as expressed in the ordinance‎.‎

MOTION‎ by Hooper, seconded by Corneliussen, in the matter of File No‎. ‎98‎-‎012 ‎

(‎Powerhouse Center‎)‎, to ‎grant the Tree Removal Permit ‎incorporating the ‎

recommendations in the staff report dated November ‎8‎, ‎1999 ‎and Linda C‎. ‎Lemke & ‎

Associates letter dated November ‎1‎, ‎1999‎, based on plans prepared by Minoru ‎

Yamasaki & Associates dated revised October ‎15‎, ‎1999 ‎and received by the City of ‎

Rochester Hills Planning Department on October ‎19‎, ‎1999‎.‎

CONDITION‎:‎

1‎.‎ The applicant to provide a financial guarantee in the form of a bond, letter of credit ‎

or surety in the amount of ‎$29,960.00‎ for tree replacement to ensure ‎

installation and maintenance of the proposed landscaping‎.‎

Roll call vote‎:‎

Ayes‎:‎ Boswell, Corneliussen, Hooper, Kaiser, Potere‎

Nays‎:‎ Ramanauskas, Rosen, Ruggiero ‎MOTION CARRIED‎.‎

(‎Reference‎: ‎Site Plans prepared by Minoru Yamasaki Associates dated revised ‎

October ‎15‎, ‎199 ‎and dated received October ‎19‎, ‎1999 ‎by the City of Rochester Hills ‎

Planning Department; revised landscape plans and utility plans prepared by Minoru ‎

Yamasaki Associates dated revised October ‎15‎, ‎1999 ‎and dated received October ‎

19‎, ‎1999 ‎by the City of Rochester Hills Planning Department; Staff report prepared ‎

by Patricia A‎. ‎Goodwin dated November ‎8‎, ‎1999‎; letter from Linda C‎. ‎Lemke & ‎

Associates dated November ‎1‎, ‎1999‎; Environmental Impact Statement dated ‎15 ‎

October ‎1999 ‎prepared by Minoru Yamasaki Associates, Inc‎.‎; Draft Traffic Analysis ‎

for Proposed Powerhouse Center prepared by Parsons Transportation Group Inc‎. ‎

dated December ‎12‎, ‎1997‎; letter from Nowak & Fraus, PLLC dated March ‎2‎, ‎

1998‎; Auraform Series HID‎. ‎Cut‎-‎Off Luminares prepared by Pappi Lighting; Planning ‎

Commission Meeting Minutes of March ‎16‎, ‎1999 ‎and March ‎2‎, ‎1999 ‎and January ‎5‎, ‎

1999 ‎and November ‎17‎, ‎1998‎.)‎

Granted

2000-1910

Request for Site Plan Approval ‎- ‎File No‎. ‎98‎-‎012 ‎- ‎Powerhouse Center ‎

MOTION‎ by Hooper, seconded by Boswell, in the matter of File No‎. ‎98‎-‎012 ‎

(‎Powerhouse Center‎)‎, to ‎grant Site Plan Approval ‎ incorporating the six findings ‎

and two conditions in the staff report dated November ‎8‎, ‎1999 ‎plus seven additional ‎

conditions based on plans dated revised October ‎15‎, ‎1999 ‎and received by the City ‎

of Rochester Hills Planning Department on October ‎19‎, ‎1999‎.‎

FINDINGS‎:‎

1‎.‎ The provisions of Zoning Ordinance ‎200‎ and other applicable regulatory ‎

standards can be met, subject to the conditions as noted herein‎.‎

2‎.‎ The location and design of driveways providing vehicular ingress to and egress ‎

from the site can promote safety and convenience of both vehicular and ‎

pedestrian traffic; the site is only proposing one access point which is located ‎

onto Auburn Road‎. ‎The access point provides adequate separation from ‎

adjacent driveways to provide safe ingress and egress‎.‎

3‎.‎ The parking area is designed to promote effective internal circulation‎. ‎In addition, ‎

the site plan indicates that a cross‎-‎access with Meijer's is proposed‎.‎

4‎.‎ There can be a satisfactory and harmonious relationship between the development ‎

on the site and the existing and prospective development in the area; the ‎

building is proposed to be constructed with a brick facade‎. ‎The building is ‎

smaller in size than other commercial buildings within this area of the City and ‎

is proposed to be only ‎20‎ feet high‎. ‎The applicant has incorporated design ‎

elements into the eastern building facade to visually break up the length of the ‎

wall adjacent to the residential neighborhood‎. ‎Landscaping covers ‎

approximately ‎36‎ percent of the site and is consistent with other commercial ‎

developments situated adjacent to neighboring residential properties‎.‎

5‎.‎ The proposed development is consistent with the commercial goals and policies of ‎

the Master Plan, and the project can have a positive financial impact on the ‎

community by providing additional tax base to the City in an area that has ‎

been planned and zoned for commercial land uses‎.‎

6‎.‎ The development is not expected to have any harmful effects on the natural ‎

features of the site‎.‎

CONDITIONS‎:‎

1‎.‎ The applicant must obtain either a variance from the Zoning Board of Appeals or ‎

an ordinance amendment must be in effect to allow the proposed parking in ‎

the western side yard setback as shown on the site plan‎.‎

2‎.‎ Provide a performance and maintenance guarantee in the amount of ‎$49,365‎ to ‎

ensure the proper planting and survival of the proposed landscaping‎.‎

3‎.‎ The site plan reincorporate the Auburn Road improvements easterly to the ‎

Brooklands School consistent with Page SA‎2-3‎ of the October ‎15‎, ‎1999‎ ‎

submission‎.‎

4‎.‎ The plan be corrected to show that the screenwall will be brick masonry on each ‎

side‎.‎

5‎.‎ The applicant satisfy the Rochester Hills City Engineer to the degree that the City ‎

Engineer will generate a report prior to a land improvement permit being ‎

issued and after construction plans have been submitted indicating that existing ‎

and future drainage on the site will be fully accommodated and not to the ‎

detriment of the adjacent homeowners to the east‎.‎

6‎.‎ The plan show a note indicating that the total square footage including the ‎

mezzanine would not exceed ‎29,000‎ square feet‎.‎

7‎.‎ The site plan show a finish floor height consistent with the utility plan dated ‎

received October ‎19‎, ‎1999‎ with the finish floor height to be ‎732.75‎ feet‎.‎

8‎.‎ The runoff coefficient calculation be revised per letter dated November ‎4‎, ‎1999‎ ‎

from Johnson & Anderson, consistent with Jim Dietrick's memo dated ‎

November ‎12‎, ‎1999‎ as corrected on the construction plans‎.‎

9‎.‎ The Tree Removal Permit be approved‎.‎

Roll call vote‎:‎

Ayes‎:‎ Boswell, Corneliussen, Hooper, Kaiser, Potere‎

Nays‎:‎ Ramanauskas, Rosen, Ruggiero ‎MOTION CARRIED‎.‎

Granted

ANY OTHER BUSINESS

2000-1982

Recreational Vehicle Parking and Storage Proposed Ordinance Amendment‎

Ms‎. ‎Goodwin referenced Deborah Millhouse's memo dated November ‎5‎, ‎

1999 ‎regarding the subject proposed ordinance amendment which was mailed ‎

under separate cover to Planning Commission members‎. ‎Ms‎. ‎Goodwin ‎

explained that the subject amendment stemmed from enforcement action ‎

pertaining to recreational vehicles have been parked and stored in side yards‎. ‎

The proposed ordinance amendment is an attempt to clarify the ordinance in ‎

terms of where on a property the parking and storage of recreational vehicles ‎

on residential lots could occur‎. ‎Ms‎. ‎Goodwin distributed a diagram illustrating ‎

two interpretations of the current ordinance provisions‎. ‎

Member Rosen summarized the discussions that took place before the Zoning ‎

Board of Appeals when the topic was presented to it for an interpretation‎. ‎

Member Hooper requested that an ordinance enforcement officer be present ‎

at the public hearing scheduled for the November ‎30‎, ‎1999 ‎special meeting‎.‎

Discussed

NEXT MEETING DATE

Chairperson Kaiser reminded Commissioners that the next meeting is a SPECIAL ‎

Meeting scheduled for November ‎30‎, ‎1999‎. ‎The next Regular Meeting is scheduled ‎

for December ‎7‎, ‎1999‎.‎

ADJOURNMENT

Hearing no further business to come before the Planning Commission, Chairperson ‎

Kaiser adjourned the regular meeting at ‎10‎:‎08 ‎p‎.‎m‎. ‎Michigan time‎.‎