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Rochester Hills, MI

48309

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Rochester Hills

Minutes

Planning Commission

Chairperson William Boswell, Vice Chairperson Deborah Brnabic

Members: Gerard Dettloff, Dale Hetrick, Greg Hooper, Nicholas O. Kaltsounis, David A.

Reece, C. Neall Schroeder, Emmet Yukon

7:00 PM

1000 Rochester Hills Drive

Tuesday, March 2, 2010

CALL TO ORDER

Chairperson Boswell called the meeting to order at 7:00 p.m. in the auditorium.

ROLL CALL

William Boswell, Deborah Brnabic, Dale Hetrick, Greg Hooper, David

Reece, C. Neall Schroeder and Emmet Yukon

Present

7 -

Gerard Dettloff and Nicholas Kaltsounis

Absent

2 -

APPROVAL OF MINUTES

2010-0103

February 2, 2010 Regular Meeting

A Motion was made by Schroeder, seconded by Hetrick, that this matter be

approved as presented. The motion carried by the following vote:

Aye

Boswell, Brnabic, Hetrick, Hooper, Reece, Schroeder and Yukon

7 -

Absent

Dettloff and Kaltsounis

2 -

COMMUNICATIONS

Planning and Zoning News, February, 2010

UNFINISHED BUSINESS

2009-0393

Conditional Rezoning Recommendation Request (Public Hearing) - City File No.

04-013, located at the northeast corner of Hamlin and Livernois, Parcel Nos.

15-22-351-001, -002, from R-3 One Family Residential to O-1 Office Business;

Signature Associates, applicant.

(Reference: Memo prepared by Ed Anzek, dated February 25, 2010 had been placed on

file and by reference became part of the record thereof.)

Mr. Delacourt commented that at the last meeting Commissioners asked for clarification

of the exact acreage and right-of-way property. The applicant is requesting conditional

rezoning from R-3 Residential to O-1 Office for two parcels totaling 4.256 acres. Staff

has verified this acreage is consistent with what was publicly noticed last month and

what is shown on the legal description. The City has obtained all necessary

right-of-way for the intersection either through an easement or a deed. If there are

questions, Mr. Delacourt will respond.

Present for the applicant were Craig Chappell and Cathy Wilson, Signature Associates,

One Towne Square, Suite #1200, Southfield, MI 48076. Mr. Chappell indicated the

correct acreage has been verified and conditions of the rezoning have been refined.

MOTION by Brnabic, seconded by Yukon, in the matter of City File No. 04-013

(Signature Associates), the Planning Commission recommends to City Council approval

of the request to Conditionally Rezone 4.2 acres, identified as Parcel Nos.

15-22-351-001 and 002, from R-3, One Family Residential to O-1, Office Business with

the following conditions:

Conditions

1. That the proposed building will comply with all building elevation and design

restrictions of the Planning Commission upon submission for site plan approval.

2. That any building proposed for the site will be limited to a maximum of two story

and 32 feet.

3. That any proposed building will have a maximum first story floor plate of 28,000

square feet in size, and a maximum building square footage of 48,000 sq feet.

4. That 30% of the existing regulated trees defined in the City’s Tree Conservation

Ordinance will be maintained on site.

5. That any regulated trees removed from the site will be replaced in conformance

with the City’s Tree Conservation Ordinance.

6. That the developer will comply with right-of-way requirements as determined by

the City of Rochester Hills.

7. That the raising and keeping of animals will not be proposed or permitted on the

site.

8. That roadside stands and markets and Christmas tree sales will not be permitted

on or proposed on the site.

9. That wireless telecommunication facilities relating to monopole facilities will not

be proposed or permitted on the site.

10. That transit passenger stations will not be proposed or permitted on the site.

A motion was made by Brnabic, seconded by Yukon, that this matter be

Recommended for Approval to the City Council Regular Meeting. The motion

CARRIED by the following vote:

Aye

Boswell, Brnabic, Hetrick, Hooper, Reece, Schroeder and Yukon

7 -

Absent

Dettloff and Kaltsounis

2 -

2007-0221

Request for Recommendation of an additional Extension of the Tentative

Preliminary Plat, for Grace Parc, City File #04-011, a 16-lot subdivision located

north of South Boulevard between Livernois and Rochester Roads, zoned R-4,

Parcel Nos. 15-34-402-035 & -057, Grace Street Development, applicant.

(Reference: Memo prepared by Ed Anzek, dated February 25, 2010 had been placed on

file and by reference became part of the record thereof.)

Mr. Delacourt presented the request for extension. Due to the economy, staff has seen

many more requests for extensions. The Planning Commission and City Council

requested a policy be written to guide the review of extension requests. That policy has

been established. The applicant has met all the requirements for the extension regarding

taxes, understands that some of the standards have changed, and has agreed during the

next review, that the plat will be evaluated against the updated standards. If the new

standards require significant changes to the plat, the applicant also understands that

revised tentative preliminary plat approval may be required. Mr. Delacourt confirmed

the plat is still in good standing and that staff is proposing the extension be recommended

for approval through April 20, 2011. Mr. Delacourt asked if there were any questions.

Present for the applicant was William Mosher, Apex Engineering, 560 Whims Lane,

Rochester, MI 48306. Mr. Mosher indicated the owner will continue working with the

Engineering and Planning Departments to assure that the new requirements are met

once the extension is granted. Mr. Mancini is no longer involved with the project.

Chairperson Boswell asked what changes might be necessary because of the new

requirements, to which Mr. Delacourt explained the most significant potential is the

retention basin volume and discharge.

MOTION by Schroeder, seconded by Reece, in the matter of City File #04-011 (Grace

Parc Subdivision), the Planning Commission recommends that City Council approve an

Extension of the Tentative Preliminary Plat until April 20, 2011.

A motion was made by Schroeder, seconded by Reece, that this matter be

Recommended for Approval to the City Council Regular Meeting. The motion

CARRIED by the following vote:

Aye

Boswell, Brnabic, Hetrick, Hooper, Reece, Schroeder and Yukon

7 -

Absent

Dettloff and Kaltsounis

2 -

NEW BUSINESS

2010-0109

Request for review and recommendation of the Historic Districts Study

Committee Report for Stiles School, 3976 S. Livernois Road, located at the

northwest corner of Livernois Road and South Boulevard, as it relates to the

City's Master Land Use Plan.

(Reference: Memo prepared by Derek Delacourt, dated February 23, 2010 had been

placed on file and by reference became part of the record thereof.)

Mr. Delacourt explained a recommendation for designation was previously made to

Council, but neither the applicant nor Council was comfortable with the size of the

designation. City Council then asked the Study Committee to consider a smaller district.

The Committee is now proposing a smaller boundary for the district, encompassing the

contributing portions of the building and some of the surrounding area for context. The

Study Committee felt this change was significant enough to schedule another public

hearing for input and to submit the revised report to the Planning Commission. Mr.

Delacourt asked if there were questions.

Mr. Schroeder asked if the Stiles School owner agrees with the revised report. Mr.

Delacourt replied he does not know. The school representative arrived late to the public

hearing and did not provide any comment for the record. Mr. Schroeder feels we

should have the property owner’s concurrence with the report and Ms. Brnabic agreed.

Mr. Delacourt indicated the owner will be granted full opportunity to provide their input

and voice any concerns to City Council.

MOTION by Schroeder, seconded by Hetrick, Resolved, that the Planning

Commission has reviewed the December 2009 revised Preliminary Report prepared by

the Historic Districts Study Committee regarding the proposed designation of a portion

of the property known as 3976 S. Livernois Road (Stiles School) and has determined

that the proposed designation will not have any impact on the property with respect to

the City’s Master Land Use Plan.

A motion was made by Schroeder, seconded by Hetrick, that this matter be

Accepted. The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Hetrick, Hooper, Reece, Schroeder and Yukon

7 -

Absent

Dettloff and Kaltsounis

2 -

2010-0108

Request for review and recommendation of the Historic Districts Study

Committee Report for 2040 S. Livernois Road, located on the west side of

Livernois Road, south of Hamlin Road, as it relates to the City's Master Land

Use Plan.

(Reference: Memo prepared by Derek Delacourt, dated January 14, 2010 had been

placed on file and by reference became part of the record thereof.)

Mr. Delacourt explained the Study Committee has completed their preliminary report

recommending designation of the parcel, as it meets the National Register of Criteria for

architecture, and may be National Register eligible. The property is zoned single family

and the designation isn’t going to impact the Master Land Use Plan or the zoning

district, and won’t have a negative impact on its use as a single family property.

Chairperson Boswell asked if the Planning Commission agrees there is no impact on the

Master Land Use Plan, is it also an acceptance of the designation recommendation of

the preliminary report? Mr. Delacourt responded no and reiterated the Commission is

not evaluating whether the property meets the criteria for designation, only whether the

designation will have an impact on the Land Use Plan.

MOTION by Schroeder, seconded by Brnabic, Resolved, that the Planning

Commission has reviewed the Preliminary Report prepared by the Historic Districts

Study Committee regarding the proposed designation of the Historic District known as

2040 S. Livernois Road and has determined that the proposed designation will not have

an impact on the property with respect to the City’s Master Land Use Plan.

A motion was made by Schroeder, seconded by Brnabic, that this matter be

Accepted. The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Hetrick, Hooper, Reece, Schroeder and Yukon

7 -

Absent

Dettloff and Kaltsounis

2 -

2010-0107

Request for review and recommendation of the Historic Districts Study

Committee Report for 1585 S. Rochester Road, located on the east side of

Rochester Road, north of Hamlin Road, as it relates to the City's Master Land

Use Plan.

(Reference: Staff Report prepared by Derek Delacourt, dated January 11, 2010 had

been placed on file and by reference became part of the record thereof.)

Mr. Delacourt commented the property is incorporated in an approved Planned Unit

Development, City Place, a dense large-scale mixed use development consisting of

office and residential, with a small amount of retail allowed in some of the Rochester

Road facing buildings. The question before the Commission is the same as with the

other properties, only this recommendation does have the ability to impact the Land Use

Plan. Discussions have ensued between the applicant and City Council relative to a

revised PUD, and as such, this designation does have an impact on documents relating

to land use. If Council decides not to delist the district, a discussion regarding the future

land use will occur and the PUD would still have to incorporate a designated property.

Mr. Delacourt suggested the Commission may want to add a condition acknowledging

they are aware the property is part of an approved PUD agreement. The preliminary

report’s recommendation is to delist the property as it no longer meets the criteria for

designation. The PUD, if modified, would return to the Planning Commission for

discussion and public hearing. Mr. Delacourt offered to answer any questions.

Chairperson Boswell indicated reference to the property being part of a PUD could be

made as a finding or clarified within the motion itself.

Mr. Hetrick asked what happens if discussions break down and the PUD is not revised.

Mr. Delacourt stated if Council determines to delist the property, an amendment to the

existing PUD would have to be recorded indicating the delisting. This amendment

would also have to indicate any future development on the property no longer requires

approval of the Historic Districts Commission.

Mr. Reece asked for a synopsis of comments from last night’s Council meeting wherein

this issue was discussed. Mr. Hooper said the applicant is looking for the correct

vehicle to modify the agreement and change the mixture of development. The applicant

proposed reducing the maximum height of the buildings to 3-story, changing the overall

mix of uses, removing the minimums and maximums for the proposed number of

residential units, requesting a change to FB1 zoning as part of the agreement rather than

the current B-2 zoning, and any architectural changes will be reviewed and approved by

the Planning Commission.

In response to Ms. Brnabic’s question relative to zoning, Mr. Delacourt stated prior to

the PUD, the property was zoned single family and master planned for mixed use.

Another impetus for the use of a PUD is that the applicant wanted to discuss a mixed

use development with the City in 2002, but that zoning district did not exist. The B2

rezoning took place to support the PUD.

Mr. Schroeder remembers a lawsuit relative to this property in the 1970’s. Mr.

Delacourt replied he is not aware of any lawsuit that prevented City Council from

moving forward with the PUD agreement.

MOTION by Schroeder, seconded by Hetrick Resolved, that the Rochester Hills

Planning Commission has reviewed a Preliminary Report regarding the proposed

delisting of the property identified as 1585 S. Rochester Road, and has determined that

the proposed delisting will have an impact on the property with respect to the City’s

Master Land Use Plan and the PUD dated May 5, 2004 that is in good standing and

covers the property.

A motion was made by Schroeder, seconded by Hetrick, that this matter be

Accepted. The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Hetrick, Hooper, Reece, Schroeder and Yukon

7 -

Absent

Dettloff and Kaltsounis

2 -

ANY OTHER BUSINESS

Appointment of a Planning Commission Representative to replace E. Yukon on the CIP

Policy Team for 2010. Chairperson Boswell explained Mr. Yukon is unable to serve on

the CIP team this year and asked if any other Commissioner was interested. Mr.

Hetrick indicated his interest in serving. By unanimous affirmation, Mr. Hetrick was

appointed to the CIP PolicyTeam for 2010 replacing Mr. Yukon.

Recommendation of a Planning Commission Representative to the ZBA for a one year

term to expire March 31. 2011. Chairperson Boswell indicated Ms. Brnabic is presently

serving on this Board and wishes to continue in this capacity. By unanimous affirmation,

Ms. Brnabic was recommended to serve as the Planning Commission Representative to

the Zoning Board of Appeals for a one year term to expire March 31, 2011.

NEXT MEETING DATE

The Chair reminded Commissioners that the next regular meeting is scheduled for April 6, 2010.

ADJOURNMENT

Hearing no further business to come before the Planning Commission, the Chair adjourned the regular

meeting at 8:15 p.m., Michigan time.

______________________________

William Boswell, Chairperson

_______________________________

Sandi DiSipio, Recording Secretary