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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, June 18, 1996

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 Funk ‎(‎enter ‎7‎:‎45 ‎p‎.‎m‎.)‎

Paul Krupa‎

Eugene Nowicki‎

Christian Ramanauskas‎

James Rosen‎

Patricia Somerville‎

Absent PC‎: ‎Audrey Ruggiero‎

Quorum present‎

Also present‎: ‎Patricia Goodwin, Planning Director‎

Paul Rizzardi, Planner‎

Angelene Jones, Recording Secretary‎

APPROVAL OF MINUTES

2000-1641

May ‎7‎, ‎1996 ‎Regular Meeting‎

MOTION‎ by Boswell, support by Somerville, to ‎approve ‎the minutes of ‎

May ‎7‎, ‎1996 ‎as submitted‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Funk, Ruggiero ‎MOTION CARRIED‎

Approved

2000-1642

May ‎21‎, ‎1996 ‎Regular Meeting‎

MOTION‎ by Boswell, support by Nowicki, to ‎approve‎ the minutes of May ‎

21‎, ‎1996 ‎as submitted‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Funk, Ruggiero ‎MOTION CARRIED‎

Approved

COMMUNICATIONS

None‎

NEW BUSINESS

2000-1643

Request for Approval of Service Activities ‎- ‎File No‎. ‎96‎-‎026 ‎- ‎Steel Stallions ‎

Boutique, located at the northeast corner of Rochester and Auburn Rds‎.‎, within ‎

the Hampton Village Shopping Center, Various parcels, zoned B‎-‎3‎, Shopping ‎

Center Business, Anthony Plewa, ‎53256 ‎Eastbourne Dr‎.‎, Shelby Township, MI ‎

48316‎, Applicant ‎

The applicant, Mr‎. ‎Anthony Plewa, was present‎.‎

Mr‎. ‎Rizzardi noted that the Steel Stallions Boutique is a franchise whose ‎

product line includes new and used motorcycles, new and used personal ‎

watercraft, mountain bicycles, and denim and leather apparel‎. ‎While the ‎

retail facet of the use is permitted in the B‎-‎3 ‎zoning district, the service of ‎

vehicles sold from the premises would require approval by the Planning ‎

Commission to ensure that the proposed service would not adversely affect ‎

the character of the B‎-‎3 ‎area or surrounding properties‎. ‎

The applicant is proposing to locate Steel Stallions Boutique within Building ‎

"‎K‎" ‎of the Hampton Village Centre‎. ‎Building ‎"‎K‎" ‎is comprised of one tenant ‎

(‎Chuck‎-‎E‎-‎Cheese‎) ‎and one vacant space‎. ‎The applicant is proposing to ‎

locate in the vacant space‎.‎

The applicant would like to install a service bay door on the north side of ‎

Building ‎"‎K‎". ‎There are currently two barrier free parking spaces located ‎

on the north side of the building‎. ‎The remaining area is not striped for ‎

parking‎. ‎Therefore, a service bay would not require the removal of any ‎

parking spaces‎.‎

(‎Staff report dated ‎6‎/‎12‎/‎96 ‎has been placed on file and by reference ‎

becomes part of the record hereof‎.)‎

Mr‎. ‎Plewa explained that a Steel Stallion is like a Harley Davidson ‎

motorcycle, made from after‎-‎market components which are higher in quality ‎

than a Harley Davidson, therefore it is a more expensive motorcycle‎. ‎He ‎

said the motorcycles range in price from $‎18‎,‎000‎.‎00 ‎to $‎25‎,‎000‎.‎00‎. ‎The ‎

customer is a more affluent and accomplished customer who likes ‎

motorcycling‎. ‎He referenced a paragraph from the Steel Stallions ‎

Franchise Agreement which reads as follows‎:‎

7‎.‎3‎.‎2‎. ‎Products and Services Offered‎. ‎You must offer and sell all the ‎

products and services and only the products and services that ‎

Steel Stallion Motorcycles has authorized you to provide‎. ‎

Specifically, but not by way of limitation, you may not carry helmets ‎

that are not approved by the United States Department of ‎

Transportation, drug paraphernalia, or publications or other ‎

materials that are deemed by Steel Stallion Motorcycles, in its ‎

sole discretion, to be unsuitable for sale in a retail outlet catering to ‎

a family‎-‎oriented clientele‎. ‎You may not offer tattooing services‎.‎ ‎

Mr‎. ‎Plewa said the building is isolated, therefore, any sound from the ‎

motorcycles would have very little impact on neighbors or tenants nearby‎. ‎

He feels that one of the reasons this space has been vacant since its ‎

construction in ‎1992 ‎is because it is isolated from the rest of the shopping ‎

center‎. ‎

Member Somerville asked what the prospective hours would be‎.‎

Mr‎. ‎Plewa said the service department hours would probably be ‎8‎:‎00 ‎- ‎

5‎:‎00‎, and the sales room would be open later‎. ‎They will probably be open ‎

Monday through Saturday, although he did not want to rule out the ‎

possibility of Sundays‎.‎

Member Nowicki asked how big the service department would be and how ‎

many employees would be involved in the service area‎.‎

Mr‎. ‎Plewa said if his business grew as large as he would like, he would ‎

probably not have more than ‎3 ‎service employees‎. ‎He said that for an ‎

extended period of time, there will probably be only one service employee‎. ‎

He said they propose a service area of about ‎2‎,‎000 ‎square feet‎. ‎Due to ‎

the expense of these motorcycles, they don't anticipate a very intense ‎

activity or flow of customers‎.‎

Member Nowicki asked Mr‎. ‎Plewa if the service activity would be ‎

conducted on the motorcycles with the service bay door closed‎.‎

Mr‎. ‎Plewa said that is correct‎. ‎He said they have monoxidant systems ‎

inside the service area that they can attach to the exhaust system to keep ‎

the noise level down‎. ‎If they need to test brakes or transmissions, they take ‎

it out on the road‎.‎

Member Ramanauskas asked how they would handle the noise from ‎

customers who would be test driving the motorcycles‎.‎

Mr‎. ‎Plewa explained that it is not typical in this industry to allow customers ‎

to test drive these motorcycles‎. ‎The risk is too high‎. ‎He said they have ‎

policies where they would be very liberal on taking back a vehicle if a ‎

customer didn't like it for some reason‎. ‎

ENTER MEMBER FUNK ‎- ‎7:45‎ P‎.‎M‎.‎

Member Rosen expressed concern about the nearest residence being only ‎

1‎,‎000 ‎to ‎1‎,‎200 ‎feet away from the building‎. ‎He asked how he might handle ‎

any potential noise complaints from neighboring residents‎.‎

Mr‎. ‎Plewa said he doubted there would be any noise complaints, other than ‎

a customer driving in and out of the site‎. ‎He said the Chuck‎-‎E‎-‎Cheese ‎

Restaurant next door is a very busy, high energy establishment with a noise ‎

level of its own‎. ‎The restaurant recently moved a wall about ‎5‎' into the ‎

vacant space and added extra insulation so they wouldn't disturb the ‎

potential tenant coming into that space‎. ‎He believes that the use of ‎

monoxidant systems, which will pipe the exhaust out through a ventilation ‎

system will keep that noise level down as well as keeping the exhaust out of ‎

the shop‎. ‎He said if he got a complaint, he would apologize and explain ‎

that they will begin walking the motorcycles in and out of the service area ‎

rather than driving them‎. ‎He noted that they would be closing up shop about ‎

the time Chuck‎-‎E‎-‎Cheese was getting busy, which would minimize any ‎

impact to the restaurant‎.‎

Member Krupa asked what else would be in the service area like oil, ‎

transmission fluid, etc‎.‎

Mr‎. ‎Plewa said there would be plastic cans of oil, biodegradable cleaning ‎

solvents, which are located in another enclosed building at the back of the ‎

service area‎. ‎They do not intend to keep gasoline in stock‎. ‎The only ‎

gasoline will be what's inside the customers' tank‎. ‎He said the biggest part ‎

of their service business will be the addition of chrome pieces and ‎

accessories onto new motorcycles or changing a tire‎. ‎He believes they ‎

would be servicing primarily new bikes‎. ‎They do not intend to do any ‎

sanding, grinding or repainting‎. ‎They may do some touch up with a spray ‎

can, but can not do any type of refinishing‎. ‎

MOTION‎ by Somerville, support by Krupa, in the matter of File No‎. ‎96‎-‎026‎, ‎

Steel Stallions Boutique, that the Planning Commission ‎approve‎ the site ‎

for the servicing of motorcycles and personal watercraft, conditioned as ‎

numbered ‎1‎-‎4 ‎in the staff report, with an additional condition that the ‎

service hours be limited from ‎8‎:‎00 ‎a‎.‎m‎. ‎until ‎5‎:‎00 ‎p‎.‎m‎.‎, Monday through ‎

Saturday‎.‎

Member Boswell questioned why Condition No‎. ‎4 ‎is there and how would it ‎

be enforced‎. ‎It states that only vehicles sold from the premises may be ‎

serviced on the premises‎. ‎

Mr‎. ‎Plewa said that condition bothers him also‎. ‎If a kid down the street ‎

needed a flat tire repaired on his bicycle, this condition would not allow ‎

them to make that repair unless the bike was purchased from Steel ‎

Stallions Boutique‎. ‎He didn't know why this condition was included in staff's ‎

recommendation‎.‎

Mr‎. ‎Rizzardi said the B‎-‎3 ‎district does not permit automotive service as a ‎

use‎. ‎Without this limit, the applicant could service any number of bikes ‎

instead of this being an accessory use to the retail sales‎. ‎

Mr‎. ‎Plewa said it is their intention to service only the products they sell‎. ‎

However, he would not want to send a customer away because he isn't ‎

permitted to service any their second bike just because it's not a Steel ‎

Stallion‎.‎

The Chair asked the applicant how they could keep him from becoming ‎2‎% ‎

retail and ‎98‎% ‎service business‎.‎

Mr‎. ‎Plewa said he never intends on having more than ‎3 ‎technicians ‎

because their space isn't big enough for that‎. ‎Three technicians would not ‎

create a very highly intense atmosphere‎. ‎

Member Boswell said he doesn't believe this condition should be placed ‎

upon the applicant‎.‎

Member Somerville suggested that the condition read‎: "‎Let the service ‎

activities be incidental to the primary business of retail sales‎."‎

The motion on the floor was ‎amended‎ as follows‎:‎

MOTION‎ by Somerville, support by Krupa, in the matter of File No‎. ‎96‎-‎026‎, ‎

Steel Stallions Boutique, that the Planning Commission ‎approve‎ the site ‎

for the servicing of motorcycles and personal watercraft, based on the ‎5 ‎

findings in the staff report and conditioned on the ‎3 ‎preprinted conditions ‎

and a ‎4‎th new condition that the service be incidental to the primary activity ‎

of retail sales, further adding a ‎5‎th condition that the service only take place ‎

between the hours of ‎8‎:‎00 ‎a‎.‎m‎. ‎and ‎5‎:‎00 ‎p‎.‎m‎.‎

FINDINGS‎:‎

1‎)‎The applicant is proposing to establish a business which would ‎

specialize in the sale of new and used motorcycles and personal ‎

watercraft‎.‎

2‎)‎As similar to the purchase of automobiles, clients expect dealers to ‎

provide service for such expensive items‎.‎

3‎)‎The applicant is able to install a service bay without adversely affecting ‎

the amount of parking on the site‎.‎

4‎)‎The location of the proposed establishment in Building ‎"‎K‎" ‎would be able ‎

to adequately migrate impacts associated with servicing ‎

motorcycles and personal watercraft‎. ‎Building ‎"‎K‎" ‎is isolated from ‎

the bulk of the retail outlets located in the shopping center‎.‎

5‎)‎The applicant is proposing to occupy a tenant space which has been ‎

vacant since the building was constructed in ‎1992‎.‎

CONDITIONS‎:‎

1‎)‎No service activities may occur outside of the building‎.‎

2‎)‎Vehicles awaiting service may not be stored outside of the building ‎

without amending the site plan for Hampton Village Centre to ‎

indicate the location of the storage area‎.‎

3‎)‎Service activities may not occur while the service bay door or any other ‎

door‎/‎window of the service area is open‎.‎

4‎)‎That the service be incidental to the primary activity of retail sales‎.‎

5‎)‎That the service only take place between the hours of ‎8‎:‎00 ‎a‎.‎m‎. ‎and ‎5‎:‎00 ‎

p‎.‎m‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Approved

2000-1644

Request for a Buffer Modification ‎- ‎File No‎. ‎96‎-‎002 ‎- ‎Physical Therapy Center, ‎

located at the northwest corner of Rochester Rd‎. ‎and Cloverport, Parcel No‎. ‎

15‎-‎15‎-‎428‎-‎031‎, zoned B‎-‎2‎, General Business, Dr‎. ‎Osa Jackson‎-‎Wyatt, ‎134 ‎W‎. ‎

University, Suite ‎302‎, Rochester, MI ‎48307‎, Applicant‎

The applicant, Dr‎. ‎Osa Jackson‎-‎Wyatt, and her architect, Mr‎. ‎Michael ‎

Trautman, were present‎.‎

Mr‎. ‎Rizzardi explained that the applicant is proposing to convert an existing ‎

nonconforming residential use in the B‎-‎2 ‎zoning district into a physical ‎

therapy center, which is a use that is conforming to that of the zoning ‎

district‎. ‎There is very little area on the site and it's impossible to meet the ‎

requirements of the Zoning Ordinance‎. ‎The applicant is proposing to keep ‎

the existing building, which is a legal nonconforming building‎. ‎

Mr‎. ‎Rizzardi noted that Dr‎. ‎Jackson‎-‎Wyatt received two variances for this ‎

property‎. ‎One is for a loading space‎. ‎The other is for the separation of the ‎

proposed access drive off of Cloverport from the existing R‎-‎4 ‎district ‎

located west of the site‎. ‎Two other modifications are needed before site ‎

plan approval can be granted‎. ‎The Zoning Ordinance requires a ‎25‎' rear ‎

yard buffer when adjacent to an R‎-‎4 ‎zoning district‎. ‎In designing the site, ‎

the applicant has put in the minimum required parking spaces and a ‎22‎' ‎

minimum width for a driveway access into the site‎. ‎The applicant is ‎

requesting a buffer modification because they cannot meet the ‎25‎' buffer ‎

requirement‎. ‎The applicant proposes a buffer width varying from ‎11‎-‎14 ‎

feet‎. ‎The Zoning Ordinance requires one landscaped island, however, ‎

there is not any room on the site for this island, therefore, the applicant is ‎

requesting a waiver of that entire requirement‎. ‎

In conclusion, Mr‎. ‎Rizzardi noted that the use proposed by the applicant is ‎

probably the lowest intensity use possible in the B‎-‎2 ‎district‎. ‎He referenced ‎

a landscape cost estimate that has been distributed this evening, noting ‎

that an approval should be conditioned upon the provision of a bond in that ‎

amount‎. ‎

The Chair referenced a memo dated ‎6‎/‎10‎/‎96 ‎from Jim Dietrick, City ‎

Engineer‎. ‎He asked Mr‎. ‎Rizzardi of what importance is that information for ‎

their purposes this evening‎.‎

Mr‎. ‎Rizzardi said the applicant has not yet demonstrated that the storm ‎

water detention capacity is sufficient‎. ‎The Engineering Services Division ‎

feels it can be done most likely, but they need the numbers to be worked ‎

through again‎. ‎He believes that the architect and Engineering Department ‎

have met to discuss this matter‎.‎

Mr‎. ‎Trautman responded that they did meet today and neither of them ‎

believe it will be a problem‎.‎

The Chair asked Member Rosen if he would conclude that it's likely that the ‎

two bases upon which they can grant relief on the modification and the ‎

variance are met, as recited on page ‎3 ‎of the staff report‎.‎

Member Rosen said he would agree, with respect to the buffer on the west ‎

side, there isn't enough of land left‎. ‎

Mr‎. ‎Trautman clarified that the property is ‎83‎' deep and the front and rear ‎

yard setbacks are ‎50‎' each, which would put them ‎17‎' in the hole before ‎

they could draw a line on the paper‎. ‎That is why the variances and relief ‎

was necessary on certain things‎.‎

MOTION‎ by Rosen, support by Nowicki, in the matter of ‎96‎-‎002‎, Physical ‎

Therapy Center, that the Planning Commission ‎approve the buffer ‎

modification‎ based on the ‎3 ‎findings in the staff report dated ‎6‎/‎12‎/‎96‎, with ‎

two additional findings which states that the purpose of the subsection ‎

cannot be met because the site has a negative building envelope and all ‎

available land has been used to provide the parking, further that ‎

compliance with the requirement would impose a practical difficulty and ‎

would create safety hazards to motorists‎.‎

FINDINGS‎:‎

1‎)‎The applicant has only between ‎11 ‎and ‎14 ‎feet of buffer area available‎.‎

2‎)‎The applicant is providing the six foot high opaque screen and the ‎

intermittent visual obstruction‎.‎

3‎)‎The applicant has no available land to provide additional buffer area‎.‎

4‎)‎The purpose of the subsection cannot be met because the site has a ‎

negative building envelope and all available land has been used to ‎

provide the parking‎.‎

5‎)‎Compliance with the requirements would impose a practical difficulty on ‎

the applicant and would create safety hazards to pedestrians or ‎

motorists‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Approved

2000-1645

Request for a Landscape Island Waiver ‎- ‎File No‎. ‎96‎-‎002 ‎- ‎Physical Therapy ‎

Center‎

MOTION‎ by Rosen, support by Nowicki, in the matter of File No‎. ‎96‎-‎002‎, ‎

Physical Therapy Center, that the Planning Commission ‎grant a waiver of ‎

the landscape island‎ based on the ‎3 ‎findings in the staff report dated ‎

6‎/‎12‎/‎96 ‎with ‎2 ‎additional findings‎.‎

FINDINGS‎:‎

1‎)‎The site plan indicates that limited area is available for the parking lot ‎

location‎.‎

2‎)‎The parking lot is situated between a proposed ‎11 ‎foot rear yard buffer ‎

area and ‎10 ‎foot wide landscape strip along Rochester Road‎.‎

3‎)‎The applicant can only meet the minimum amount of required parking ‎

spaces‎. ‎There are no ‎"‎surplus‎" ‎parking spaces which can be ‎

sacrificed for a landscaped island‎.‎

4‎)‎The purpose of the subsection cannot be met because the site has a ‎

negative building envelope and all available land has been used to ‎

provide the parking‎.‎

5‎)‎Compliance with the requirements would impose a practical difficulty on ‎

the applicant and would create safety hazards to pedestrians or ‎

motorists‎. ‎Because the access on Cloverport is required to be ‎22‎' ‎

wide, that eliminates the opportunity to provide landscape islands‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Granted

2000-1646

Request for Site Plan Approval ‎- ‎File No‎. ‎96‎-‎002 ‎- ‎Physical Therapy Center‎

MOTION‎ by Rosen, support by Nowicki, in the matter of File No‎. ‎96‎-‎002‎, ‎

Physical Therapy Center, that the Planning Commission ‎approve the site ‎

plan‎ based on the ‎5 ‎findings and ‎1 ‎condition in the staff report dated ‎

6‎/‎12‎/‎96‎, further conditioned upon the provision of a landscape bond, surety ‎

or letter of credit in the amount of $‎930‎.‎00‎.‎

FINDINGS‎:‎

1‎)‎The site plan indicates that all applicable ordinance requirements can be ‎

met, or the applicant has taken the steps to obtain the necessary ‎

variance, modifications, or waivers‎.‎

2‎)‎The proposed physical therapy center will be compatible with the ‎

adjacent residential uses‎. ‎The center will be located in a building ‎

which was built for residential purposes‎. ‎The building is similar in ‎

scale and design with residences located in the Yawkey & ‎

Chapman's Addition‎.‎

3‎)‎The site plan indicates a proposed vehicular access onto Cloverport‎. ‎

The increased traffic should not affect the residential neighborhood ‎

located further to the west‎.‎

4‎)‎The site plan would enable a longstanding nonconforming use of property ‎

to be converted to a conforming use within the B‎-‎2 ‎zoning district‎.‎

5‎)‎The development is not expected to have any harmful effects on natural ‎

features and characteristics of the site as documented in the ‎

applicant's Environmental Impact Statement‎.‎

CONDITIONS‎:‎

1‎)‎The applicant should submit revised storm water runoff calculations to the ‎

satisfaction of the Engineering Services Division‎.‎

2‎)‎Provision of a bond, surety or letter of credit in the amount of $‎930‎.‎00 ‎to ‎

cover the cost of landscaping‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

The Chair asked Dr‎. ‎Jackson what the building was going to look like‎.‎

Dr‎. ‎Jackson said it will be compatible with the decor of the Cadillac ‎

Dealership across the street‎.‎

(‎Ref‎: ‎Site Plan dated Received ‎6‎/‎5‎/‎96 ‎prepared by Trautman Associates‎.)‎

Approved

2000-1647

Request for a Wetland Use Permit ‎- ‎File No‎. ‎95‎-‎047 ‎- ‎M & N Plastics, located on ‎

Rochester Industrial Lane, north of Hamlin, Parcel Nos‎. ‎15‎-‎21‎-‎476‎-‎031‎, ‎-‎044 ‎

and ‎-‎045‎, zoned I‎-‎1‎, Light Industrial, Curran Development Co‎.‎, Inc‎.‎, ‎4600 ‎

Arrowhead Rd‎.‎, W‎. ‎Bloomfield, MI ‎48323‎-‎2302‎, Applicant‎

Messrs‎. ‎Tom Curran, Developer, Brooks Williams, Brooks Williams & ‎

Assoc‎.‎, and Bob Schron, Engineer, were present‎.‎

Mr‎. ‎Rizzardi summarized the details of the site and the requests outlined in ‎

the staff report‎. (‎Staff report has been placed on file and by reference ‎

becomes part of the record hereof‎.)‎

Mr‎. ‎Curran noted that the square footage referenced in the staff report is ‎

incorrectly shown‎. ‎Phase I is proposed to be ‎55‎,‎685 ‎square feet with a ‎

possible ‎30‎,‎000 ‎square foot Phase II addition to the warehouse‎.‎

MOTION‎ by Funk, support by Nowicki, in the matter of File No‎. ‎95‎-‎047‎, that ‎

the Planning Commission ‎recommends approval of the Wetland Use ‎

Permit‎ for M & N Plastics based on the findings and conditions in the staff ‎

report dated ‎6‎/‎12‎/‎96‎.‎

FINDINGS‎:‎

1‎)‎The wetlands boundaries on the subject parcel have been accurately ‎

plotted on the site plan‎. ‎In addition, the ‎25‎-‎foot wide natural features ‎

setback has also been accurately plotted on the site plan‎.‎

2‎)‎The site contains ‎0‎.‎20 ‎acres of wetlands with ‎0‎.‎19 ‎acres located within ‎

the lower Karas Drain‎. ‎Because the wetlands within the lower Karas ‎

Drain are not regulated by the City of Rochester Hills, only ‎0‎.‎01 ‎

acres of regulated wetlands are affected‎.‎

3‎)‎The lower Karas Drain, which has a ‎60‎-‎foot wide easement, is a city ‎

drain, but not a designated county drain‎. ‎Because it is a city drain, ‎

the wetlands within the drain are not subject to regulation by the City ‎

of Rochester Hills per Ordinance No‎. ‎355‎. ‎However, the wetlands ‎

within the drain are regulated by MDEQ per Part ‎303 ‎- ‎Wetlands ‎

Protection, P‎.‎A‎. ‎451‎.‎

4‎)‎The Michigan Department of Environmental Quality has issued a ‎

wetlands permit ‎(‎#‎96‎-‎10‎-‎0194‎) ‎to M & N Plastics for both the lower ‎

Karas Drain and the ‎0‎.‎01 ‎acres of city regulated wetlands‎.‎

5‎)‎The applicant did explore alternatives‎. ‎The applicant has originally ‎

proposed enclosing the entire lower Karas Drain‎.‎

6‎)‎The impact to the wetlands, in the opinion of J & L Consulting Services, ‎

appears to be within the established criteria of the city's Wetlands ‎

and Watercourse Protection Ordinance ‎(‎Codified Ordinance #‎355‎).‎

CONDITIONS‎:‎

1‎)‎The site is to be developed in accordance with the approved site plan ‎

and per the conditions contained in the MDEQ permit ‎(‎Permit ‎

#‎96‎-‎10‎-‎0194‎).‎

2‎)‎Erosion control measures must be in place prior to mass grading of the ‎

site as well as in regard to the placement of the three culverts in the ‎

lower Karas Drain‎. ‎These measures must include a temporary ‎

sediment trap at the northern end of lower Karas Drain where exit ‎

flow leaves the site‎. ‎In addition, the ‎200 ‎feet of the drain that is not ‎

to be enclosed is to remain in a natural condition with a natural ‎

vegetation cover‎.‎

3‎)‎Wetland monitoring is to be required during the actual installation of the ‎

three drain crossings‎. ‎As part of this monitoring, a construction ‎

report is to be submitted to the City of Rochester Hills, including ‎

photographs of the lower Karas Drain‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Recommended for Approval to the City Council Regular Meeting

2000-1648

Request for a Natural Features Setback Modification ‎- ‎File No‎. ‎95‎-‎047 ‎- ‎M & N ‎

Plastics‎

MOTION‎ by Funk, support by Nowicki, in the matter of File No‎. ‎95‎-‎047‎, that ‎

the Planning Commission ‎approve the natural features setback ‎

modification‎ for M & N Plastics based on the findings and condition noted ‎

in the staff report dated ‎6‎/‎12‎/‎96‎.‎

FINDINGS‎:‎

1‎)‎Only a small portion, ‎0‎.‎01 ‎acres, of a much larger city regulated wetland ‎

is located on the property‎. ‎However, the area of the buffer greatly ‎

exceeds the amount of regulated wetlands on the property‎.‎

2‎)‎The applicant has reduced the impact to a non‎-‎regulated wetland on the ‎

site‎. ‎Since the non‎-‎regulated wetlands represents a much larger ‎

area than the regulated wetland, the impacts associated with water ‎

quality, storm water run‎-‎off, and wildlife habitat, are being improved ‎

through preservation of a non‎-‎regulated wetland rather than the area ‎

of regulated wetlands‎.‎

3‎)‎MDEQ has issued a permit permitting the fill of ‎0‎.‎01 ‎acres of the natural ‎

feature on the site‎. ‎However, the ‎25‎-‎foot natural features setback ‎

that is measured from the wetland located off‎-‎site to the north ‎

encroaches into the subject property‎.‎

4‎)‎The applicant is proposing a ‎7‎.‎4‎-‎foot landscape strip between the ‎

wetland and the pavement‎. ‎In addition, the applicant is installing ‎

concrete curbing to prevent any run‎-‎off from directly entering the ‎

wetland‎.‎

CONDITION‎:‎

1‎)‎That a Wetlands Use Permit for filling ‎0‎.‎01 ‎acres of city regulated ‎

wetlands is granted by the City Council‎.‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Approved

2000-1649

Request for Approval of a Building Length in excess of ‎300 ‎feet ‎- ‎File No‎. ‎95‎-‎047 ‎

- ‎M & N Plastics‎

MOTION‎ by Funk, support by Somerville, in the matter of File No‎. ‎95‎-‎047‎, ‎

that the Planning Commission ‎approve the additional length of the ‎

building‎ for a total of ‎361 ‎for M & N Plastics based on the findings noted in ‎

the staff report dated ‎6‎/‎12‎/‎96‎.‎

FINDINGS‎:‎

1‎)‎The proposed length, at ‎361 ‎feet, is not excessive‎.‎

2‎)‎Adequate fire protection measures will be provided including paved ‎

access around all four sides of the building‎.‎

3‎)‎The building is proposed to be in scale with other industrial buildings ‎

within the Rochester Industrial Park‎.‎

4‎)‎Similar approvals have been granted in the past by the Planning ‎

Commission‎.‎

Member Rosen asked Mr‎. ‎Curran approximately how much of the square ‎

footage would be used for the injection molding operation and how much ‎

would be used for the warehouse‎.‎

Mr‎. ‎Curran said that one‎-‎third of the square footage is for ‎

storage‎/‎warehouse and one‎-‎third is for under crane injection, and one‎-‎third ‎

for material handling‎.‎

Member Rosen asked if the building will have a full fire suppression system ‎

installed‎.‎

Mr‎. ‎Curran replied, ‎"‎yes‎."‎

Ayes‎:‎All‎

Nays‎:‎None‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Approved

2000-1650

Request for Site Plan Approval ‎- ‎File No‎. ‎95‎-‎047 ‎- ‎M & N Plastics‎

There was some discussion for purposes of clarification as to what part of ‎

the site plan is in dispute‎. ‎The property owners of Troy Tooling and M & N ‎

Plastics have made claim to legal ownership of the easterly ‎85 ‎feet of Lot ‎

20‎. ‎The two parties have come to a resolution whereby Troy Tooling will ‎

deed the easterly ‎85 ‎feet of Lot ‎20 ‎to M & N Plastics, except for a small ‎

triangle of land so that Lot ‎18 ‎can maintain the minimum required setbacks‎. ‎

Commissioners expressed concern that the reduced site plans included in ‎

their packets are not consistent with the full size drawings in front of them ‎

this evening‎. ‎

Member Ramanauskas asked Mr‎. ‎Rizzardi if the plan still complies with the ‎

parking requirement‎.‎

Mr‎. ‎Rizzardi said the site plan has changed since the last plans were ‎

reviewed by staff, however, the number of parking spaces shown on the ‎

revised plan does meet the requirements of the Zoning Ordinance‎. ‎

Mr‎. ‎Curran said there were some changes to the restroom facilities and the ‎

shop support area, and they reduced the warehouse square footage off of ‎

the architectural plans‎. ‎They didn't change the site plan; they still meet the ‎

intent of all the parking requirements and other ordinance requirements‎. ‎

There was a need to shift the restrooms to the other side of the fire ‎

separation wall, thereby reducing the warehouse space‎.‎

Mr‎. ‎Rizzardi said that normally when a site plan comes before the Planning ‎

Commission, this type of information is present‎. ‎However, it is common for ‎

changes that might occur between a site plan approval and an actual ‎

building plan‎. ‎At that point, the part that needs to be verified is that any ‎

changes in the building plans are still met by the approved site plan‎. ‎If the ‎

approval is based on the plan that is submitted to the Planning Commission ‎

for review, the applicant has provided this reduced version prior to the ‎

meeting for the benefit of the Planning Commission to get an idea of what's ‎

there‎. ‎The applicant moved on to a more detailed architectural drawing, ‎

providing more information that they would have normally been presented ‎

for this meeting‎.‎

Member Rosen asked if the building footprint‎/‎envelope has changed‎.‎

Mr‎. ‎Curran said that it has not changed‎. ‎

Mr‎. ‎Rizzardi said there's about a ‎1‎,‎400 ‎square foot discrepancy between ‎

the numbers shown on the April ‎4‎th plan and what is shown on this revised ‎

plan this evening‎.‎

Member Rosen asked the applicant if he had a rendering of the front of the ‎

building‎.‎

Mr‎. ‎Curran said they only have the elevations, however, it will be ‎

constructed of brick veneer up to about ‎10‎', metal siding, panels to the ‎

parapet elevation of the warehouse‎. ‎There will be two elevations of ‎

windows with brick composite as the balance‎. ‎In the center of the building ‎

is a tall, two‎-‎story, glass appearance with a band of granite acting as a ‎

canopy over the front entrance‎. ‎The majority of the building for the offices is ‎

basically brick and glass with a small canopy of granite over the front door‎. ‎

The balance is metal siding and block veneer on the warehouse area‎.‎

The Chair asked Mr‎. ‎Rizzardi what impact, if any, these changes might ‎

have on the requirements for parking or any of the aspects outside the ‎

structure itself‎.‎

Mr‎. ‎Rizzardi said the only change will be the parking requirement‎. ‎It will ‎

require approximately ‎7 ‎more parking spaces‎.‎

Member Somerville asked Mr‎. ‎Rizzardi to explain the memo from the City ‎

Engineer dated June ‎17‎, ‎1996‎.‎

Mr‎. ‎Rizzardi said the applicant still needs to demonstrate that ‎100‎-‎year ‎

storm could be passed over the proposed culverts to the drain without ‎

impacting the building‎. ‎Drainage calculations are being reviewed separate ‎

from the site plan‎. ‎He said the City Engineer would like to have as a ‎

condition of approval that it be shown on the site plan that a ‎100‎-‎year storm ‎

can be accommodated through the site‎.‎

Mr‎. ‎Schron said they thought they had satisfied Mr‎. ‎Dietrick's requirements‎. ‎

He said they have not yet received a copy of the referenced memo‎. ‎He ‎

said they did provide calculations previously showing that the building ‎

would sustain a ‎100‎-‎year flood‎. ‎He assumed that Mr‎. ‎Dietrick was ‎

requesting additional information beyond what they provided initially‎.‎

The Chair asked if there are entries for employees for the warehouse area‎.‎

Mr‎. ‎Curran said there are several entries‎.‎

The Chair asked if any handicap parking spaces available in the back ‎

area‎.‎

Mr‎. ‎Curran said there are handicap spaces on the west side of the building‎.‎

MOTION‎ by Rosen, support by Boswell, in the matter of File #‎95‎-‎047‎, that ‎

the Planning Commission ‎approve the site plan‎ for M & N Plastics based ‎

on the ‎5 ‎findings and ‎4 ‎conditions noted in the staff report dated ‎6‎/‎12‎/‎96‎, ‎

further conditioned upon the applicant applying for and achieving a land ‎

division and land combination with the approval of the Assessing Dept‎. ‎

regarding Conditions ‎1 ‎and ‎2 ‎pertinent to the northeast corner of the site,; ‎

further conditioned upon the submittal of drainage calculations that ‎

demonstrates satisfactory compliance to the Engineering Services Division ‎

(‎Ref‎. ‎Revised plans dated Received ‎4‎/‎4‎/‎96‎).‎

FINDINGS‎:‎

1‎)‎The site plan indicates that all applicable ordinance requirements can be ‎

met‎.‎

2‎)‎The proposed building is compatible design with other industrial ‎

buildings‎. ‎The front facade will be polished granite and brick‎. ‎The ‎

other sides will have painted block or metal siding‎.‎

3‎)‎The applicant is providing adequate access to the site‎. ‎Two driveways ‎

are proposed along the cul‎-‎de‎-‎sac of Rochester Industrial Lane‎. ‎In ‎

addition, the applicant is granting Troy Tooling a cross‎-‎access ‎

easement for the eastern drive‎. ‎This will allow Troy Tooling to ‎

maintain their current traffic‎/‎access patterns‎.‎

4‎)‎The building will have a positive financial impact on the community by ‎

providing additional tax base to the city‎.‎

5‎)‎The development is not expected to have any harmful effects on natural ‎

features and characteristics of the site as documented in the ‎

applicant's Environmental Impact Statement‎.‎

CONDITIONS‎:‎

1‎)‎The applicant must combine the easterly ‎85 ‎feet of Lot ‎20 ‎(‎excepting the ‎

triangle of land that is necessary for Troy Tooling to meet their ‎

required setbacks‎) ‎with Lot ‎20‎.‎

2‎)‎Troy Tooling splits the easterly ‎85 ‎feet of Lot ‎20 ‎(‎except for the triangle of ‎

land noted above‎) ‎from Lot ‎18‎.‎

3‎)‎The applicant provide documentation of the permanent cross‎-‎access ‎

easement with Troy Tooling‎.‎

4‎)‎The site plan is conditioned upon a bond to be placed in the amount of ‎

$‎7‎,‎981 ‎rather than the cost estimate supplied by the applicant of ‎

$‎7‎,‎531 ‎to reflect the current price of mulch‎.‎

5‎)‎The applicant apply for and achieve a land division and a land ‎

combination with the approval of the Assessing Dept‎. ‎regarding ‎

Conditions ‎1 ‎and ‎2 ‎pertinent to the northeast corner of the site‎.‎

6‎)‎The applicant submit drainage calculations that demonstrate satisfactory ‎

compliance to the Engineering Services Division‎.‎

Ayes‎:‎Krupa, Nowicki, Ramanauskas, Rosen, Somerville, Boswell, Kaiser‎

Nays‎:‎Funk‎

Absent‎:‎Ruggiero ‎MOTION CARRIED‎

Approved

ANY OTHER BUSINESS

Member Rosen brought the Planning Commission up to date on the ‎

Commercial Vehicle Study meeting held on May ‎28‎, ‎1996‎. ‎

NEXT MEETING DATE

July ‎2‎, ‎1996 ‎Regular Meeting‎

ADJOURNMENT

Hearing no further business to come before the Planning Commission, ‎

Chairperson Kaiser adjourned the regular meeting at ‎10‎:‎00 ‎p‎.‎m‎.‎