A
regular meeting of the Charter Township of Oxford Planning Commission held Thursday,
March 9, 2006 at the
Members Present:
Members Absent: None.
Also Present: Planner Wortman, Zoning Administrator Darling, Planning
& Zoning Coordinator Walkaus, Recording Secretary Harrison, Cameraman, and
approximately 15 visitors
The
meeting was called to order by Chairman Silvester at 7:30 pm.
RESPECTS
TO THE FLAG
NOTING
OF ROLL
APPROVAL OF AGENDA
Chairman Silvester amended the Agenda switching items
9(b) and 9(c) and Commissioner Black noted that the “approved” date under 9(a)
should be 03/24/2005 not 03/24/2006.
Black moved, Fitchena seconded to approve the March 9,
2006 Agenda as amended.
Ayes: 9 Nays: 0 Absent:
0 Motion
Carried
APPROVAL OF THE MINUTES
Planning Commission Regular
Meeting – February 23, 2006
Black moved, Lepping seconded to approve the Planning Commission Regular Meeting Minutes of February 23, 2006 as amended to omit the word “problems” after tree and make tree plural in the last paragraph on page 3; at the top of page 4, omit “if asked by the Building Department” (the applicant agreed to provide the referenced plans); add to the end of the sentence in the third paragraph from the bottom on page 3, “having nowhere to turnaround if the parking lot is full”; and change Mr. Koza to Mr. Serra where applicable under the Oxford Crossing preliminary site plan review (Mr. Serra was present not Mr. Koza).
Ayes: 9 Nays: 0 Absent: 0 Motion
Carried
CITIZENS’ COMMENTS ON ITEMS NOT SCHEDULED FOR PUBLIC
HEARING OR ON AGENDA
No Citizen’s Comments on items not on the Agenda were
given.
COMMISSIONERS’
COMMENTS, INFORMATION FROM ZONING ADMINISTRATOR AND COORDINATOR
Commissioners’
Comments:
Commissioner Lepping noted a forum being held
Saturday, April 1st from 8:00 am to 12:45 pm at OCC Highland Lakes Campus about
Suburban Gridlock. The cost is $10.00.
PC and ZBA
Coordinator Comments:
Ms. Walkaus commented that she met with the Oxford
Village Manager, Planner and the Developer for
Zoning Administrator Comments: Zoning Administrator Darling had no comment.
PUBLIC HEARING(S) - None
OLD BUSINESS
REQUEST FOR
EXTENSION of FINAL SITE PLAN (approved
03/24/2005) – until 03/24/2007) - Metamora Industrial Park - Planned
Development Review - W&L Investments Co., LLC – (formerly known as: Proposed M-1 Industrial Sites) Located west of Metamora Road, east of Penn
Central Railroad right-of-way, between Oakwood and Davison Lake Roads – Parcel
#04-04-326-009 (Applicant: W & L Investment Company LLC (Richard Larsen),
by Project Control Engineering, P.O. Box 307 , 2420 Pte Tremble Road, Algonac,
MI 48001)
Craig Hanby of
Project Control Engineering, represented the applicant. They are requesting an extension of the
approval of the PDR Final Site Plan and the applicable other approvals (acreage
division, land development, private road, wetland, etc). The project is light industrial with 9 splits
and a private road. The request for the
extension is due to the lack of purchaser interest in the parcels.
Commissioner
Berger asked about the Fire Department approval referenced in their letter
dated March 1, 2006. Mr. Hanby said that he worked directly with
the lieutenant at the Fire Department to come up with a system that will
accommodate the Fire Department’s needs.
Commissioner
Roesner inquired about the referenced other applicable approvals, what if
circumstances change. Mr. Darling commented that these items are
connected with the site plan.
Commissioner
Fitchena suggested they contact Oakland Economic Development. They recruit businesses to look at plans in
different communities to try and bring them in.
Black moved,
Fitchena seconded to extend the final site plan of W & L Investment Company
LLC from 3/24/2005 to 3/24/2007.
Discussion: The Plan was
approved in 2005 so the extension should be from 2006 to 2007.
Black amended the motion, Fitchena re-supported to
make the extension from 3/24/2006 to 3/24/2007.
Ayes: 9 Nays: 0 Absent: 0 Motion
Carried
TO AMEND PLANNING COMMISSION MOTION of
4/14/2005 regarding the Private Road Transitional Maintenance Agreement (now
included in the Road Maintenance Agreement dated xx/xx/xxxx) for Terraces at
Waterstone - Proposed Attached Condominium Development to be Located south of
Ray Road between M-24 and North Oxford Road – Property Zoned CAD, Central Area
Development District, Village Multiple Family Use –Parcel #04-22-200-017 (Applicant:
Crosswinds Communities, 41050 Vincenti Court, Novi, MI 48375)
Christopher
Salata, Attorney and Drafter of the Agreement, represented the applicant stated
that the Motion for Final Site Plan approval for Terraces at Waterstone that
was granted in April of 2005 included a draft of the Private Road Maintenance
Agreement. The final version was sent to
the Planning Commission through the Township Attorney and is the appropriate
Agreement they are requesting be approved.
The only substantial change between the Agreements is an additional
clarification in paragraph 5 which addresses the transitional control date.
Chairman Silvester
read into the minutes Rentrop & Morrison’s Resolution dated 3/9/06.
Commissioner
Roesner asked about the reference to Terraces at Waterstone 1. Mr.
Salata responded that is the name of the development because they have the ability
to phase the project. The Agreement
would cover the entire road from
Black moved, Kucemba seconded to approve the Resolution
concerning the Private Road Maintenance Agreement for Terraces of Waterstone 1.
Ayes: 9 Nays: 0 Absent: 0 Motion
Carried
REQUEST FOR EXTENSION of FINAL SITE PLAN
(approved 04/14/2005) until 04/14/2007 - Terraces at Waterstone – Proposed Attached
Condominium Development to be Located south of Ray Road between M-24 and North
Oxford Road – Property Zoned CAD, Central Area Development District, Village
Multiple Family Use –Parcel #04-22-200-017
(Applicant: Crosswinds Communities, 41050 Vincenti Court, Novi, MI
48375)
Nicole
Andrianni of Crosswinds Communities was present and requested a one year
extension of their Final Site Plan approval that was granted 4/14/2005. They have recently resubmitted engineering
plans to the Township for another review and are in the process of getting
their construction approvals and permits which she anticipates will happen
later this summer.
The
Commissioners expressed concern with the further development of
Black moved,
Roll Call Vote:
Ayes:
Nayes: Berger, Lepping, Roesner
Absent: 0
Motion Carried
(6-3-0)
NEW BUSINESS
PRELIMINARY SITE PLAN – Barroncast
Warehouse Addition 2006 - Parcel # 04-09-127-003– Applicant: Paul E. Barron,
215 Plexus Drive, Oxford, MI 48371 – WAREHOUSE
ADDITION – Jim Wilson, Architect, presenter.
Mr. Wilson, representing
Barroncast, requests Site Plan approval for the addition of warehousing space
for parts used in Mr. Barron’s business (Mr. Barron was also in attendance). Mr. Wilson submitted a response letter dated
3/1/2006 to the Commission addressing the consult review letters.
Chairman
Silvester referenced a letter from Rentrop & Morrison regarding “Land
Transfer Follow-Up” dated 3/9/06. Mr. Wilson
received it but felt it did not relate to their project. The owner did purchase a piece of property to
give him frontage on M-24 and
The safety path requirement was discussed. Commissioner Berger commented it would be
unsafe if constructed where it is shown on the plans. It was noted that a safety path has to be put
in if on the plans unless it is recommended by the Planning Commission and
Safety Path Committee and approved by Township Board to accept payment into the
Safety Path Fund in lieu of it’s construction.
Fire Department
Review– Agreed to install the dry hydrant and will comply with everything else.
Rowe Inc.
Review – The applicant was directed to turn the trash enclosure another 45
degrees, centering it, to address item #4.
Will be adding a “separation unit” in the line in response to item #5. Mr. Wilson explained their response to item #6
and will be making the change on the drawings for engineering review. Item #7, they are submitting a plan to the
Health Department showing there are no well or septic modifications. Item #10, Commissioners had no problem with
their response other than them having to remove the encroachment on
M-24.
Carlisle
Wortman Review– Does not plan on adding the island as suggested in item #1,
Commissioners were ok with that. Will
comply with everything else.
Rentrop &
Morrison Review– Item #2 - Commissioners agreed applicant did not need to
comply, everything else has been addressed by the applicant.
Silvester
moved, Bell seconded to approve the Preliminary Site Plan for Barroncast
Warehouse Addition 2006 Parcel #04-09-127-003 contingent upon the following
consultant review letters Rentrop & Morrison dated 2/24/06, Rowe Inc. dated
2/24/06, Fire Department dated 2/20/06, Carlisle Wortman dated 2/24/06, and to
additionally include on the plans the required 1 foot setback safety path from
the property line and to get the driveway were it encroaches onto M-24 entirely
onto their site.
Ayes: 8 Nays: 1 Absent: 0 Motion
Carried
PRELIMINARY CONDOMINIUM SITE PLAN REVIEW
– Cherry Ridge – a single family site condominium with five (5) units on 10.01
acres located on the south side of Drahner Road between Coats & Sanders
Road – Applicant: Cherry Ridge Land Dev. LC, Judith Fulkerson, 2711 W. Drahner,
Oxford, MI 48371
Mr. James
Scharl, Kieft Engineering, represented the applicant. They are proposing a 5 unit condominium
development with each lot/unit in excess of 1 acre in size. Because there is no sanitary sewer, the lot
sizes meet Oakland County Health Department requirements for septic. The site does have an existing house and pond. He noted that they will have to relocate the
existing house’s septic field to construct the proposed driveway.
Mr. Scharl
noted they have requested a Wetland Permit from the MDEQ because a portion of
wetland needs to be filled in to facilitate the construction of a road. Thus a Public Hearing has been scheduled for
March 21st by the MDEQ at 7:00 pm on the first floor of this
building.
There was much
concern and discussion among the Commissioners regarding the removal of trees and
grading that took place prior to any Township approvals. A Violation was issued and all activity has stopped.
Attorney’s
review 2/24/06 – Mr. Scharl replied that he can not identify size of buildings
at this time, the Master Deed and Bylaws will be worked out as they go through
the approval process, and agreed to show limits of disruption on the final site
plan. All other comments will be
satisfied.
Planner’s
review 2/22/06– In response to item #4, he will work out an appropriate
prorated share for Ms. Fulkerson’s portion of maintenance for the road easement
and write it into the condominium document.
Engineer’s
review 2/4/06 – He will fix the discrepancy on the drawing referenced in item
#7. Commissioners decided #8 is not
required; and item #12, are proposing 1 foot vertical to 3 foot horizontal.
Sheriff’s
review 2/2/06 – Will comply with all comments
Fire
Department’s review 2/22/06– Had no concerns.
Parks & Rec
review 1/26/06– Had no concerns.
- - - - -
10:27 pm - Black moved, Roesner seconded to extend the
meeting until 11:00 pm.
Ayes: 7 Nays: 2 Absent: 0 Motion
Carried
- - - - -
Dr. Donald Peck,
Jack McIntyre,
2623 W. Drahner, owner of the property located east of the proposed development
noted his property is lower than the development site and is experiencing an
increased velocity of water run-off since some of the clearing has taken
place. Also, there is a high water drain
from the existing pond that runs onto his property, how will this development affect
that? Mr. Scharl explained the detention pond basin improvements they will be
making as a result of a change made by OCDC.
The rate should be no more than before construction. Chairman Silvester commented that the
Township Engineer reviews the plans and looks at the effect to adjacent
property. It was noted that Rowe
needs to take into consideration their plans to fill a portion of the wetland
as well.
Mike Kubiak,
2730 W. Drahner, was also concerned with water run-off onto his neighbor’s
property and the noise and light pollution, etc. this amount of houses is going
to create. Chairman Silvester replied that they will pay close attention to run-off
issues.
Commissioner
Roesner noted there should be a buffer between the proposed road and the surrounding
SF-2 properties.
Secretary
Lepping commented that had the Wood Lot Protection Ordinance been approved by
the Township, some of what is being heard tonight could have been prevented.
Berger moved,
Kucemba seconded to approve the Preliminary Condominium Site Plan commonly
known as Cherry Ridge located on the south side of
Roll Call Vote:
Ayes: Berger, Kucemba, Roesner, Silvester
Nayes:
Absent: 0
Motion Denied
(4-5-0)
Black moved, Fitchena seconded to postpone for one
month.
Discussion: Chairman Silvester asked for clarification as
to what needs to be done during the postponement. The applicant is being asked to provide the Commissioners
with assurance that the drainage system they are proposing will work and it was
suggested that a representative from the Planning Commission attend the MDEQ
meeting to obtain more information for consideration.
- - - - -
11:00 pm – Black moved, Lepping seconded to extend the
meeting to 11:15 pm.
Ayes: 7 Nays: 2 Absent: 0 Motion
Carried
- - - - -
Mr. Scharl commented
the drainage issue is part of the approval process and that construction cannot
start until all review agents’ concerns are met and approval is granted by the
Township. He doesn’t want to obtain
Engineering and Construction plans when he doesn’t have a Preliminary
approval. Mr. Wortman replied that he just needs to return with revisions subject
to comments from the consultants and from county and state agencies which
should then lead to Preliminary approval.
Roll Call Vote:
Ayes:
Nayes: Berger, Kucemba, Silvester
Absent: 0
Motion Carried
(6-3-0)
COMMUNICATIONS
AND/OR COMMITTEE REPORTS
Violations
Report
Violation Report 2/28/2006 – Commissioner Black noted a date correction.
Sub Committee Reports
Acreage/Lot
Gravel
Inspection Sub Committee – Nothing to
report
Ordinance Review Sub Committee - Chairman Silvester reported they are through Article
10 of 18. He attended the Township Board
meeting and they will be reviewing Articles 1 through 5.
Reports from Representatives to Other Township
Boards/Committees
Highway Roads Committee – The drainage problem and the road in the Brabb-Dewey
Sub Division will be addressed.
Polly Ann Trailway Commission – Nothing to report
Professional Services Committee – Commissioner Bell reported that they sent out for
applications as of March 1st for contracted engineering
services. Should have proposals back by
March 31st and will submit 4 or 5 to the Township Board. The goal is to have someone on board by May 1st.
Safety Path Committee – Nothing to report
Water and Sewer Committee – Commissioner Roesner reported and answered questions
on the information given to the Commissioners on
- - - - -
11:15 pm – Silvester moved,
Ayes: 7 Nays: 2 Absent: 0 Motion
Carried
-- - - -
ZBA – Nothing
to report, the past couple of meetings have been canceled.
TOWNSHIP PLANNER’S REPORT – CARLISLE/WORTMAN
ASSOCIATES
Mr. Wortman reported that he has spoken to MDOT and
they are updating the Access Management Plan for
BILLS
Carlisle/Wortman Associates Invoice 26300 dated 3/1/2006
for period ending 2/28/2006 in the amount of $2,092.50.
Black moved, Curtis
seconded to approve Carlisle/Wortman Associates Invoice 26300 dated 3/1/06 for
period ending 2/28/2006 in the amount of $2,092.50.
Roll Call Vote:
Ayes:
Nayes: 0
Absent: 0
Motion Carried
(9-0-0)
Carlisle/Wortman Associates Invoice 26302 dated 3/1/2006
for period ending 2/28/2006 in the amount of $1,615.00.
Black moved, Fitchena
seconded to approve Carlisle/Wortman Associates Invoice 26302 dated 3/1/06 for
period ending 2/28/2006 in the amount of $1,615.00.
Roll Call Vote:
Ayes:
Nayes: 0
Absent: 0
Motion
Carried (9-0-0)
Rentrop & Morrison Invoice 11185 dated 7/15/2005
in the amount of $180.00.
Black moved,
Fitchena seconded to approve Rentrop & Morrison Invoice 11185 dated 7/15/2005
in the amount of $180.00
Roll Call Vote:
Ayes:
Nayes: 0
Absent: 0
Motion
Carried (9-0-0)
Rentrop & Morrison Invoice 11696
dated 2/15/2006 in the amount of $1,080.00.
Black moved,
Fitchena seconded to approve Rentrop & Morrison Invoice 11696 dated 2/15/2006
in the amount of $1,080.00
Chairman
Silvester commented that this invoice is part of the Ordinance re-write and
will be contacting the Attorney regarding the amount they quoted and how much
has been billed so far.
Roll Call Vote:
Ayes:
Nayes: 0
Absent: 0
Motion
Carried (9-0-0)
ADJOURNMENT
Black moved, Curtis
seconded to adjourn the meeting at 11:25
pm.
Ayes: 9 Nays: 0 Absent: 0 Motion
Carried
______________________________ ____________________________
Donald T. Silvester, Chairman Tom Lepping,
Secretary
Date approved:
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