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Rochester Hills

Minutes

Planning Commission

Chairperson William Boswell, Vice Chairperson Deborah Brnabic

Members: Gerard Dettloff, Kathleen Hardenburg, Greg Hooper, Nicholas O. Kaltsounis,

David A. Reece, C. Neall Schroeder, Emmet Yukon

7:30 PM

1000 Rochester Hills Drive

Tuesday, March 18, 2008

CALL TO ORDER

Chairperson William Boswell called the regular meeting to order at 7:30

p.m. in the Auditorium.

ROLL CALL

William Boswell, Deborah Brnabic, Gerard Dettloff, Kathleen Hardenburg,

Greg Hooper, Nicholas Kaltsounis, David Reece, C. Neall Schroeder and

Emmet Yukon

Present

9 -

APPROVAL OF MINUTES

2008-0117

March 4, 2008 Regular Meeting

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

Approved as Presented.

The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Dettloff, Hardenburg, Hooper, Kaltsounis, Reece,

Schroeder and Yukon

9 -

COMMUNICATIONS

A) Letters to A. Lombardo, G. Windingland and Q. Kiriluk, dated March 7,

2008 re: Thank you letters for speaking at the March 18, 2008 meeting.

NEW BUSINESS

2008-0086

Request for Conditional Land Use Approval - Pei Wei Asian Diner Outdoor Seating,

located at the Boulevard Shoppes on Walton Blvd., east of Livernois, zoned B-2, General

Business, Pei Wei Asian Diner, applicant.

(Reference: Staff Report prepared by Derek Delacourt,

dated March 18, 2008, had been placed on file and by

reference became part of the record thereof.)

Chairperson Boswell advised that a Conditional Land Use

was a Public Hearing and that if anyone wished to speak,

they should fill out a card and turn it in to the Secretary.

Present for the applicant were Ed Unangst, Operating

Partner, and Brian Drought, Development Partner for Pei

Wei Asian Diner/P.F. Chang’s, Inc. in Michigan. Applicant

on record was listed as Matt Clark, Clark Commercial

Development, LLC, 2916 Agave Loop, Round Rock, TX

78681.

Mr. Delacourt stated that the applicant was proposing 16

outdoor seats to be located at the Pei Wei Asian Diner at

the Boulevard Shoppes on Walton, east of Livernois. He

recalled that the Boulevard Shoppes was a recently

constructed mixed-use retail and office building. He

advised that the outdoor seating would be located in the

corridor between two halves of the building and under the

archway. It could be accessed by either the front or the rear

parking lot. He further advised that the outdoor seating had

been reviewed by the Fire and Building Departments, and

there was no concern with the proposed seating.

Mr. Unangst mentioned that there was concern about the

tables and chairs being of a non-combustible material, and

he stated that they would be stainless steel.

Mr. Schroeder asked if it had been reviewed regarding the

access through the corridor, and Mr. Delacourt confirmed

that the seating area would not interfere with the access.

Mr. Schroeder asked if there would be a fence around the

seating. Mr. Unangst advised that there was nothing

proposed. Mr. Schroeder questioned whether they might be

concerned about customers walking away, and Mr. Unangst

said they had to pay upfront. Mr. Delacourt believed the

railing was only required if a restaurant was serving

alcohol.

Mr. Schroeder asked if they had considered water fees,

noting that oftentimes, when there were additional tables

outside, the water fees were increased and that got missed

in the calculation. Mr. Delacourt said he would look into

that.

Mr. Yukon asked about the service hours and months of

operation. Mr. Unangst related that they opened at 11 a.m.

and closed about 9:15 p.m. The seating area would be

open depending upon the weather, and that would probably

be from the beginning of May until the end of September.

They would then remove the tables and put them in outside

storage in Sterling Heights. Mr. Yukon referred to outdoor

lighting, noting that there would be porch lamps, and he

asked if that would be the only lighting. Mr. Unangst said

that they would not require any additional lighting.

Mr. Dettloff recalled that when the outdoor seating was

approved for C. J. Mahoney’s, the Commission stipulated

that it would be allowed from April 15th to the end of

October. He thought they should follow those dates for Pei

Wei.

Mr. Delacourt agreed the Commission put a timeframe on

that project, and he said the Commission could certainly do

so again if they chose. Mr. Drought said they would be

happy to abide by those dates. Mr. Dettloff asked about a

maintenance plan. In his experience with outdoor seating,

there was often an issue with food and drink that had to be

cleaned. He presumed that they would regularly power

wash the sidewalk. Mr. Unangst said that they contracted

with a janitorial company to clean the restaurant, and they

would extend the contract to keep the patio area

maintained. Mr. Dettloff clarified that they would maintain

the proper insurance to cover the extra liability.

Mr. Kaltsounis questioned whether the restaurant needed a

CLU if people purchased food and then went outside to sit

and eat. If there were no waitresses, it would seem to be

similar to a picnic area.

Mr. Delacourt said that if there was no sale or service of

food outdoors, the City would not require a CLU, but for this

instance, the waitresses were going to serve the food

outside. People paid upfront and the food was brought to

them.

Mr. Kaltsounis clarified the dates of operation as

recommended by Mr. Dettloff. Mr. Schroeder did not feel

they needed to stipulate the hours of operation because

there were not residents immediately adjacent, as there

were by C. J. Mahoney’s. Chairperson Boswell said he

tended to agree with Mr. Schroeder, and added that the

seating area would be largely inside the corridor.

Chairperson Boswell opened the Public Hearing at 7:40

p.m. Seeing no one come forward, he closed the Public

Hearing. Mr. Kaltsounis moved the following motion:

MOTION by Kaltsounis, seconded by Yukon, in the matter

of City File No. 77-505.2, the Planning Commission

Recommends City Council Approve the Conditional Land

Use for outdoor sales and service of food for Pei Wei Asian

Diner, located at 1206 Walton Blvd. in the Boulevard

Shoppes, based on the site plan dated received by the

Planning Department on February 8, 2008 with the

following five (5) findings and subject to the following two

(2) conditions:

Findings:

1. The subject site will be internal between two buildings,

and does not appear that it will be detrimental,

hazardous, or disturbing to existing or future

neighboring uses, persons, property or the public

welfare.

2. The existing development does promote the intent and

purpose of this chapter.

3. The subject site has been designed, constructed,

operated, maintained and managed so as to be

compatible, harmonious and appropriate in

appearance with the existing or planned character of

the general vicinity, adjacent uses of land, the natural

environment, the capacity of public services and

facilities affected by the land use, and the community

as a whole.

4. The subject site is served adequately by essential public

facilities and services, such as highways, streets,

police and fire protection, drainageways, refuse

disposal, or that the persons or agencies responsible

for the establishment of the land use or activity shall

be able to provide adequately any such service.

5. The subject site does not create additional requirements

at public cost for public facilities and services that will

be detrimental to the economic welfare of the

community.

Conditions:

1. All tables and chairs must be of a non-combustible

material; no umbrellas are to be used in the area, and

signage shall be placed, indicating that combustibles

are not to be stored in the outdoor seating area, per

Building Department memo of February 20, 2008.

2. Dates of operation for outdoor seating will be from April

15th until October 31st.

A motion was made by Kaltsounis, 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, Dettloff, Hardenburg, Hooper, Kaltsounis, Reece,

Schroeder and Yukon

9 -

2007-0190

Request for Approval of the Final Site Condominium Plan - The Commons South, a

twelve-unit site condominium development on 3.98 acres, Zoned R-4, located off of

Shortridge, east of Livernois; D & F Development, L.L.C., applicant

Present for the applicant was Bob Lindh, Urban Land

Consultants, 8800 23 Mile Rd., Shelby Township, MI

48316, representing the applicant.

Mr. Delacourt noted that the request was for Final Site

Condominium Plan recommendation to City Council for a

12-unit, single-family detached development located off of

Shortridge, east of Livernois. The project had gone through

Preliminary Plan approval, an extension, Construction Plan

approval, and Final Plan review, and Mr. Delacourt advised

that the Final Plan was consistent with the Preliminary

Plan. Also included were submission of the Exhibit B,

Master Deed and Bylaws, which were signed off by the City

Attorney. There were minor details to be worked out with

the Exhibit B with the Engineering Department, but other

than that, all departments recommended approval of the

Final Plan.

Chairperson Boswell asked Mr. Lindh if he had anything

further to add, and Mr. Lindh responded that Mr. Delacourt

had summarized everything well, and upon questioning,

advised that he had seen the five conditions of approval by

Staff.

Mr. Schroeder moved the following motion, supported by

Mr. Dettloff:

MOTION by Schroeder, seconded by Dettloff, in the matter

of File No. 05-011 (The Commons South Site

Condominiums), the Planning Commission recommends

City Council approve the Final Site Condominium Plan

based on plans dated received by the Department of

Planning and Development on January 11, 2008, with the

following four (4) findings and subject to the following five

(5) conditions.

Findings:

1. All applicable requirements of the One-Family

Residential Detached Condominiums Ordinance and

Zoning Ordinance can be met.

2. Adequate public utilities are currently available to

properly service the proposed development.

3. The Final Plan represents a reasonable and acceptable

plan for developing the property.

4. The Final Plan is in conformance with the Preliminary

Plan approved by City Council on February 15, 2006.

Conditions:

1. The applicant shall submit a Performance Bond for

proposed trees and landscaping of $13,590.00, as

adjusted if necessary by the City, prior to issuance of

a Land Improvement Permit.

2. Tree protective fencing shall be installed, inspected

and approved by the City’s Landscape Architect, prior

to the issuance of the Land Improvement Permit for

this development.

3. The applicant must obtain a Land Improvement Permit

and any outstanding permits (i.e., Oakland County

Drain Commission) prior to grading and construction

commencing, per Public Services memo of January

23, 2008.

4. Add two notes to Sheet 3 per Fire Department memo of

January 24, 2008, prior to Final Approval by Staff.

5. Address two conditions of Building Department memo

dated January 28, 2008, prior to Building Plan

Approval by Staff.

Ms. Brnabic asked if the changes to the Plan would be

made before the item went to City Council, specifically,

regarding addition of the notes requested by the Fire

Department and addressing the Engineering requirements.

Mr. Delacourt informed that they could be, but if not, the

conditions would be corrected prior to the Plan being

stamped approved by Staff. If they were to make the

changes, it would require the Plan to be re-submitted and

sent to the appropriate departments, and that would add

time to the process. The conditions would stay on the

resolution to Council so Staff would make sure of the final

corrections.

Mr. Kaltsounis thanked the applicant for adding the park

with benches and pavers. He noted that he used to live in

the area and walked through it often. The park was

something little, but it meant a lot, and he wished he had

one in his subdivision. He asked about the timeframe for

starting the development.

Mr. Lindh thought it could be started in the summer. It was

a small project, and a good connector to the development

to the north. He thought there would be a demand for

smaller, more economical homes in the current housing

market. Mr. Kaltsounis agreed that times were tough these

days.

A motion was made by Kaltsounis, seconded by Dettloff, that this matter be

Recommended for Approval to the City Council Regular Meeting.

The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Dettloff, Hardenburg, Hooper, Kaltsounis, Reece,

Schroeder and Yukon

9 -

Chairperson Boswell stated for the record that the motion

had passed unanimously.

2008-0106

Buffer Modification - City File No. 07-015 - A proposed 7,872 square-foot Medical Office

Building at 1220 West Auburn, located on one acre north of Auburn, west of Livernois,

Parcel No. 15-28-476-067, zoned B-1, Local Business, GAV Associates, applicant.

(Reference: Staff Report prepared by Derek Delacourt,

dated March 18, 2008 had been placed on file and by

reference became part of the record thereof.)

Present for the applicant was Charles Marchetti, GAV

Associates, Inc., 31471 Northwestern Hwy., Suite 2,

Farmington Hills, MI 48334, architects.

Mr. Delacourt summarized that the applicant was proposing

a 7,800 square-foot medical office building on Auburn west

of Livernois. It was a one-acre site zoned B-1, which

allowed the use. He noted that it currently had a home

converted into a bookstore, which would be demolished.

The only real issue remaining regarded a small reduction in

the north buffer to allow the access drives. Having two

access drives was important to the Fire Department. He

stated that the applicant had done a very good job. They

were requesting underground retention, and the detailed

engineering work was shown. The City Engineer was

satisfied that it would be maintained properly in the future.

Mr. Delacourt advised that the project had been reviewed

by all applicable departments and was recommended for

approval.

Chairperson Boswell clarified that Finding Three for the

Buffer Modification should read four feet, six inches, rather

than six inches.

Mr. Marchetti pointed out that they would also take down an

old fence on the property and replace it with a nice masonry

screen wall. In addition, upon the Landscape Architect’s

advice, they would maintain the dense plantings to buffer

the residential area more.

Chairperson Boswell asked Mr. Marchetti if he had seen the

conditions of approval, which he confirmed.

Mr. Schroeder agreed that it was a good plan. He referred

to Sheet P-2, regarding underground detention, and said

there was a riser in each line for maintenance, but in a

small area of the middle section there were no risers. He

questioned how they would access for maintenance.

Mr. Marchetti said he would have to speak to his Engineer,

but he agreed there probably should be some risers there

for cleaning. Mr. Marchetti said he would make a note of it.

Mr. Schroeder moved the following motion, seconded by

Mr. Yukon:

MOTION by Schroeder, seconded by Yukon, in the matter

of City File No. 07-015 (1220 W. Auburn Medical Building),

the Planning Commission grants a Buffer Modification to

reduce the buffer width along the northern property line to

20’-6”, measured to the face of the curb, based on plans

dated received by the Planning and Development

Department on February 11, 2008 with the following four (4)

findings:

Findings:

1. The applicant is supplementing the buffer area with

plantings to be consistent

with the intent of the “Type B” buffer requirement for

the subject site.

2. The landscape/screening plan will protect the character

of new and existing residential neighborhoods against

negative impacts such as noise, glare, and light

pollution.

3. The parking requirements have required a reduction in

the buffer width of four feet, six inches.

4. The proposed plan meets the criteria of Section 138-

1218 to allow the Planning Commission to modify or

waive the buffer requirements for the proposed

development.

Mr. Reece clarified that the building was one-story, not two

stories, as noted in the Staff Report. Mr. Reece referred to

the elevations, and said there was a reference to E.I.F.S.,

and he asked where it would be used.

Mr. Marchetti advised that it would be limited, and that it

would be above the windows. Mr. Reece confirmed that

cast concrete stone would still be used. Mr. Marchetti said

it would be used for the bands underneath the windows. He

had brought samples of the stone and showed the

Commissioners the stone for the columns. Mr. Reece said

that the elevation called for cast concrete stone above the

masonry (brick band), and he said it was confusing on

Sheet A-103 for the east and north elevations. Mr. Marchetti

agreed, and confirmed that the E.I.F.S. would be strictly

above the windows. Mr. Reece asked if he would use wood

fascia and frieze boards. Mr. Marchetti said they would use

a pre-finished metal. Mr. Reece said that was better, but

since it was called out as wood fascia and frieze board, he

suggested that it should be corrected. Mr. Reece asked if

GAV Associates was the architect for the project and if Mr.

Marchetti was a Licensed Architect, which was confirmed.

Mr. Kaltsounis asked how old the building on the property

was. Mr. Delacourt was not sure. Mr. Kaltsounis

commented about the "historical" look of the gray color, and

said that it was in bad shape, and that the corner needed a

change. He felt the proposed building was definitely a step

in the right direction. Chairperson Boswell restated the

motion for the record, correcting Finding Three. Mr.

Marchetti clarified that the Buffer would be measured to the

face of the curb, which was added to the motion.

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

Granted.

The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Dettloff, Hardenburg, Hooper, Kaltsounis, Reece,

Schroeder and Yukon

9 -

2007-0742

Site Plan Approval - City File No. 07-015 - A proposed 7,872 square-foot Medical Office

Building

Mr. Kaltsounis noted that at the bottom of each page of the

Plan it read, “Not to be used as Construction Drawings,” and

he asked if that was typical. Mr. Delacourt said that it was

required by Ordinance, to make sure there was no

confusion between the approved Site Plans and the

Construction documents. Mr. Kaltsounis moved the Final

Site Condominium Plan, seconded by Mr. Reece.

MOTION by Kaltsounis, seconded by Reece, in the matter

of City File No. 07-015 (Medical Office Building), the

Planning Commission approves the Site Plan, based on

plans dated received by the Planning and Development

Department on February 11, 2008, with the following five (5)

findings and subject to the following seven (7) conditions.

Findings:

1. The site plan and supporting documents demonstrate

that all applicable requirements of the Zoning

Ordinance, as well as other City ordinances,

standards and requirements can be met subject to the

conditions noted below.

2. The proposed development will be accessed by ingress

to and egress from both Woodelm Dr. and Walsh Dr.

3. Off-street parking areas have been designed to avoid

common traffic problems and promote safety.

4. There appears to be a satisfactory and harmonious

relationship with existing contiguous development

and adjacent neighborhoods.

5. The proposed development should not have an

unreasonably detrimental nor an injurious effect upon

the natural characteristics and features of the site or

those of the surrounding area.

Conditions:

1. The applicant shall obtain a Land Improvement Permit

prior to starting any work

on site.

2. All off site drainage easements, stormwater

agreements, drive approach paving

and calculations regarding the underground detention

system must be reviewed

and approved by Engineering Services, prior to

Construction Plan Approval.

3. Appropriate approvals from the Oakland County Drain

Commissioner must be

obtained prior to issuance of a Land Improvement

Permit for this project.

4. Tree protective fencing, as reviewed and approved by

the City’s Landscape

Architect, shall be installed prior to issuance of the Land

Improvement Permit.

5. A performance guarantee in the amount of $58,237.00,

as adjusted if necessary

by the City’s Landscape Architect, shall be provided to

ensure the proper

installation of replacement trees and other landscaping.

Such guarantee to be

provided by the applicant prior to issuance of a Land

Improvement Permit.

6. Parking lot island planter calculations on Sheet L.100

shall be corrected, per the

Landscape Architect’s memo of February 25, 2008, prior

to Final Approval by

Staff.

7. Revise elevations (Sheets A.102 and A.103) and replace

wood fascia and frieze boards with metal trim, and

show E.I.F.S. above the windows.

Mr. Hooper thanked the applicant. He recalled that the

owner (Dr. Farhat Osman) had been before the

Commissioners about a year-and-a-half ago for a Rezoning

of a parcel on Auburn just west of the proposed. It was not

a good property for what she wanted to do, and he was very

happy she bought the subject property, and that she was

investing in Rochester Hills. He asked Mr. Marchetti to

convey to Dr. Osman how much they appreciated the fact

that she stayed and was redeveloping in the City.

Chairperson Boswell stated that the motions had passed

unanimously. Mr. Delacourt added that he also wanted to

thank Mr. Marchetti, noting that it was a tough site. He

indicated that it was a good infill piece, zoned for retail, and

that ending up with a very nice, owner-occupied medical

building was great for the City. He did not know if it would

have been possible if Mr. Marchetti had not put in as much

time and effort as he did. It was not an easy site to work

through, and he was glad Dr. Osman stuck with the project

with good professionals.

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

Approved.

The motion CARRIED by the following vote:

Aye

Boswell, Brnabic, Dettloff, Hardenburg, Hooper, Kaltsounis, Reece,

Schroeder and Yukon

9 -

ANY OTHER BUSINESS

Chairperson Boswell reminded that the Commissioners

had been invited to a Traffic Safety and Advisory Board

meeting to review the Master Thoroughfare Plan on April 8,

along with City Council. Mr. Schroeder noted that the

Pathway Committee had developed criteria for prioritizing

the pathways, which had been amended for today’s

conditions. He said that the criteria information was

available, if anyone was interested in seeing it.

Mr. Hooper congratulated Mr. Schroeder, Mr. Yukon and Mr.

Dettloff for their appointments to the Planning Commission

for another three years.

NEXT MEETING DATE

Chairperson Boswell reminded the Commissioners that the next regular

meeting was scheduled for April 1, 2008.

ADJOURNMENT

Hearing no further business to come before the Commissioners, the Chair

adjourned the regular meeting at 8:10 p.m., Michigan time.

_____________________________

William F. Boswell, Chairperson

Rochester Hills Planning Commission

_____________________________

Maureen Gentry, Recording Secretary