A regular meeting of the Charter Township of Oxford Planning Commission held Thursday, March 23, 2006, at the Oxford Veterans Memorial Civic Center.

 

Members Present:      Bell, Berger, Curtis, Fitchena, Kucemba, Lepping, Roesner

 

Members Absent:       Black, Silvester

 

Also Present:              Planner Lopatin, Zoning Administrator Darling, Planning & Zoning Coordinator Walkaus, Recording Secretary Harrison, Cameraman, approximately 8 visitors

 

The meeting was called to order by Vice-Chairman Berger at 7:31 pm.

 

RESPECTS TO THE FLAG

 

NOTING OF ROLL CALL

 

APPROVAL OF AGENDA

Commissioner Roesner requested to add under New Business, item 10(a) Voting Requirements Under By-Laws (pertaining to the recent recommendation to rezone 544 Lakeville Road.  Also Old Business 9(a) and 9(b) were switched so as not to hold up the applicant.

Fitchena moved, Lepping seconded to approve the March 23, 2006 Agenda as amended.

                  Ayes:  7               Nays:  0            Absent:  2                Motion Carried

 

APPROVAL OF THE MINUTES

Ordinance Review Sub Committee Meeting – March 6, 2006

The minutes need to be amended to show the correct date of March 6, 2006.

Berger moved, Fitchena seconded to approve the Ordinance Sub-Committee Meeting Minutes of March 6, 2006 as amended.

                  Ayes:   7              Nays:  0            Absent:  2                Motion Carried

 

Planning Commission Regular Meeting – March 9, 2006

Curtis moved, Fitchena seconded to approve the Planning Commission Regular Meeting Minutes of March 9, 2006 as presented.

                  Ayes:  7               Nays:  0            Absent:  2                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 Roesner noted an area on Lakeville Road and the Polly Ann Trail adjacent to the Willow Lake development that is washing out onto the trail.  Mr. Hubbard, who was present, said that he would take care of it.  She also commented that the problem area is noted as a “park” on the plans but is sloped and not usable.  She suggested the Commission needs to look at items like this on future plans.  Planner Lopatin said there are PUD provisions and parts of the new Ordinance that address “open space” and it’s usability.

Commissioner Bell presented Articles 1 thru 5 to the Township Board.  They took exception with Article 4 where the Planning Commission had stricken out “Township Board approval” on some of the items.  The Board wants the Planning Commission to be a recommending body and want approval over all items in the Article.  Their other major concern was the description of height restrictions and exceptions to it, how will it be monitored?  Commissioner Bell commented he wasn’t sure how this could be curtailed as it wouldn’t be feasible to list everything that could possibly be erected on a roof.

Commissioner Fitchena commented that she and Coordinator Walkaus attended the Cherry Hill DEQ public hearing.  The DEQ will be sending a packet pertaining to the meeting to the homeowner and to the Township. 

 

PC and ZBA Coordinator Comments:

Coordinator Walkaus commented that she received documents from Trustee Ferrari regarding Articles 1 thru 5, do they need to be returned to the ORSC or to the Planning Commission?  She also has an REU report that was approved by the Township Board and will put it in the Commissioners’ mailboxes.  She noted a couple of educational items that were in the manila folders.  She and Commissioner Kucemba will be attending a Citizen’s Planner class on Saturday.  She has attended an Access Oakland class with Trustee Ferrari and learned how to look up mapping and various other records through their informational system.  She will be reporting back to Fire Chief LeRoy on a set of programs Oakland County has specific to fire departments.  Also, there is a workshop on March 28th for Permit and Flood Plain Requirements, information in folder.

 

Zoning Administrator Comments:  Zoning Administrator Darling had no comments

 

Recording Secretary Comments: No comments

 

PUBLIC HEARING(S)

PRELIMINARY PUD PLAN – Lakeshore Village – Attached Village Homes in CAD District (VMF) – Parcels: TWP 04-23-301-003, VILLAGE 04-23-351-001, 04-23-351-002 (NOTE: Village parcels not included in this hearing) Applicant: 143 Development Company, 101 W. Long Lake, Bloomfield Hills, MI  48304 (Mark E. Hubbard)

Jim Eppink of J Eppink Partners was present and represented the applicant.  They are proposing a 90 unit condominium development along N. Oxford Road where is meets Glaspie, north of the Polly Ann Trail.  It is approximately a 21 acre development which falls within the Township and Village.  They have created two separate neighborhoods that are designed and will be built as one but require separate Township approval and Village approval.  He noted there is a joint meeting on April 18th so the two entities can discuss the proposal together.  He went on to give details of their plan and the following are some of their proposals in response to consultant review comments and Village feedback:

-        Due to the CAD zoning which talks of building separation and a cottage type atmosphere and that they don’t anticipate any “cut-through” traffic, they are proposing a 24 foot wide front of curb (or 27’ back of curb) street.  This would allow parking but within a 50 foot right-of-way which would also allow them face to face setbacks or “separations” that the Ordinance calls for.  The Township standard is 66 foot wide right-of-ways.

-        The architecture of the buildings will be mostly single story similar to those in Burdick Woods geared towards “empty nesters”.  As a result, the garages would be in front of the house allowing the residents room for backyard activity.  He feels they can build attractive buildings with quality materials and workmanship.

-        The project is essentially internalized, the buildings face inside towards the lake with the backyards along Oxford Road and Glaspie.  They are proposing substantial landscaping along those roads for privacy and for drive-by aesthetics.

-        They are proposing to put in a sidewalk from the southern entrance down to the Polly Ann Trail where there is a Stop sign instead of putting one down Oxford Road and Glaspie.  The reason being, this would encourage people to safely cross at that Stop sign where there is an existing sidewalk up the western side.  Also, the land becomes narrow at Willow Lake to the crest of the hill where the sidewalk would end with no Stop sign for pedestrian crossing.  He is looking for direction on this matter from the Commission.

OPEN PUBLIC HEARING

Bell moved, Roesner seconded to open the Public Hearing

                  Ayes:  7               Nays:  0            Absent:  2                Motion Carried

Mr. Larry Roesner, 1830 Cobblestone, commented that the Commission continues to give consideration to similar multi-family projects which propose the same downfalls, parks that are too small (in this case, also close to the street), street right-of-ways that are not big enough, units too close together, and garages that face the street which tend to create an eyesore.  He mentioned the issue of a sidewalk down Oxford Road and Glaspie.  He noted that at one of the last meetings, extensions were discussed because of the poor economy, will this happen here as well?  He stated traffic is always an issue and the Commission should be looking for “office/professional use” developments instead of more projects like this.  Later in the Public Hearing, he commented on real estate taxes and feels that new construction does not pay their fair share.

Mr. Darrell Stalnaker, 56 N. Washington, expressed concern regarding the financing of the project, the Township can not afford to undertake this development.  Vice-Chairman Berger explained that the Township would not be financing this venture.  He also commented on increasing taxes.

Mr. Buck Cryderman, 2855 Ray Rd., inquired if the applicant was seeking greater density than the property is zoned for.  The response was, no, less density.

Mr. Thomas Brenner, resides south of the development, commented that he was glad to see this proposal and the existing stamping plant go.  He agreed there is a traffic problem with the high school on Ray Road and the new Stop sign on Glaspie Street.  He would like to see a recommendation made to lower the speed limit on N. Oxford Road.  Mr. Brenner is on the Village Council and looks forward to the joint meeting.

Mr. Dave Weckle, 75 Burdick Woods Ct., stated that this project would be an asset to the community and commended them for only using about 30% of the density that is available to them.  He stated that developer will be taking a piece of property that’s been neglected for sometime and make it something useful.

 

Roesner moved, Bell seconded to close the Public Hearing

                  Ayes:  7               Nays:  0            Absent:  2                Motion Carried

 

After some discussion, the Commissioners agreed that the applicant was directed to follow the PUD Ordinance for this project to allow flexibility to work with the Village to obtain approvals.  The majority of the Commissioners also agreed, though, that the applicant did not demonstrate recognizable and substantial benefit to both the end users of the development and the Oxford community.  It was also agreed that this is a good plan and a good use of this property and that the applicant can achieve PUD approval.

The Commissioners gave the following direction:  create open space of greater significance by possibly widening the lake overlook point making it more of a focal feature or eliminate/reconfigure the southwestern most unit to provide a public trailhead to the Polly Ann Trail and to give it more screening, look at other variations of garage placement, and that sidewalks on both sides of the internal streets would be valuable.

Other concerns that need to be addressed or resolved were:  road maintenance responsibility, mail delivery (Village is normally delivered door to door), the right-of-way width issue, the presence of steep slopes, sidewalks on Oxford Road and Glaspie, and garbage pick-up.

Mr. Eppink responded they are proposing all roads to be public within the development and have made application to the County for a variance.  He commented that snow removal and parking would essentially be the same as with the 27 foot wide streets throughout the Township and the Village was ok with their proposal.  He apologized for not putting the points out strong enough to prove PUD eligibility and will go back and more clearly define those reasons.  He commented that when the landscape plans and final details of the project are presented, there will be much more than just one recognizable benefit.  He also noted that the plan submitted does show sidewalks on both sides of the streets within the development and that they are willing to put in sidewalks on Oxford and Glaspie.  Hopefully all concerns can be worked out at the joint meeting.

 

Bell moved, Fitchena seconded that under the criteria for the PUD, recommends that the Preliminary PUD Lakeshore Village Attached Village Homes in the CAD District be postponed until the applicant makes the modifications discussed and brings forth his criteria at which time can than proceed further.

 

Discussion:  Commissioner Bell clarified that under postponement (reading from the PUD) we are not canceling, denying or approving but think this project has intent and can meet the criteria.

 

Roll Call Vote:

                  Ayes:  Bell, Berger, Curtis, Fitchena, Kucemba, Lepping, Roesner

                  Nays:  0

                  Absent:  2

                  Motion Carried

 

Mr. Hubbard, the applicant, responded that he wasn’t aware that this was the time to include such details but will comply.

 

OLD BUSINESS

REQUEST FOR EXTENSION of  SPECIAL LAND USE – Until September 19, 2006 (6 months – 180 days) Bellina Pines – Proposed Senior Citizens Housing Project in RM (Residential-Multiple Family) Zoned District-Located East of Pontiac Street, North of Pochahontas – Parcel #04-27-401-002 through 004 commonly known as 555, 561 and 575 Pontiac Street (Applicant: David A. Weckle, 75 Burdick Woods Court, Oxford, MI  48371 SPECIAL LAND USE - Approved 08/22/2002, Extension approved 02/12/2004. FINAL SITE PLAN – tabled 02/12/2004, 01/13/2005, 01/27/2005

Mr. Dave Weckle, the applicant, is requesting to extend the Special Land Use approval for the proposed Bellina Pines project 180 days.  He commented that the Ordinance states extension of 120 days but feels he can not practically design the project, go through the architectural and engineering that is required, and pull a permit in 120 days.  He explained they had some setbacks which delayed the furtherance of the project but is now very close and would like to break ground this summer.  They have a new architect and drawings have been submitted.

Vice-Chairman Berger inquired that back in January of 2005 they were close to Final Site Plan approval, just waiting for a couple responses back to consultant review letters, what happened?  Mr. Weckle explained their Engineer did not understand the process, the architect at the time set them as a low priority, and they also had issues with the ZBA and water and sewer capacity.

Commissioner Bell asked if the site plan has changed.  Mr. Weckle responded that nothing on the site plan has changed but there maybe some landscape issues.  Because of this and the fact that the Ordinance hasn’t changed, he doesn’t see why the Special Land Use couldn’t be extended.

 

Curtis moved, Kucemba seconded to grant the extension of the Special Land Use for Bellina Pines for 180 days.   Ayes:  7                  Nays:  0               Absent:  2         Motion Carried

 

ORDINANCE 67 REVIEW – Revised Draft Article 6

Commissioner Roesner commented that she liked Section 6.3, AG Exemption.  She asked if it just applies in Article 6?  Planner Lopatin responded that this is the General Provisions Article so they apply universally throughout the whole zoning Ordinance.  She also commented on Accessory Buildings – it states that there has to be a house, she noted that not all farms have houses on them.  Also, there is a statement that says “no plywood or cement block”, she commented that these materials are customary in a lot of AG buildings.

Page 6-4, Section 6.5 (b), in the sentence “…any building moved into a district from without ….”; the word without should be changed to outside the district.

Page 6-4, near the top, Drainage; it states “you can not permit runoff surface water…” .  The word permit will be changed to intensify.

Page 6-5, Section 6.6 (d) regarding walls, Commissioner Roesner asked if it should read “approved by Planning Commission” or is that addressed in a different Article?  Mr. Lopatin said that it is covered in Article 7 and will insert a cross reference to the appropriate Section.

 

NEW BUSINESS

Voting Requirements Under By-Laws

Commissioner Roesner commented on the possible by-law infringement regarding the rezoning recommendation vote of 544 Lakeville Road at the Planning Commission meeting of 2/9/06.  The attendance was 5 members present and 4 absent.  The motion passed with 3 Ayes and 2 Nays.  She read the by-law and highlighted the section that said “adoption of amendments to the Master Plan in the Township, zoning Ordinance amendments, Special Land Uses, re-zonings, and amendments to the by-laws; requires the affirmative vote of a majority of the members of the Commission which is 5 affirmative votes…”.

 

Curtis moved, Bell seconded to get an attorney’s opinion on the accuracy of the voting determination in relation to the by-laws and the rezoning recommendation of 544 Lakeville Road.

Ayes:  7            Nays:  0            Absent:  2         Motion Carried

 

TOWNSHIP PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES

Planner Lopatin had nothing further to report.

 

ADJOURNMENT

Bell moved, Fitchena seconded to adjourn the meeting at 10:02 pm.

                  Ayes:  7               Nays:  0            Absent:  2                Motion Carried

 

 

 

 

 

______________________________                                        ____________________________

Donald T. Silvester,  Chairman                                                        Tom Lepping, Secretary

 

 

Date approved:         04/13/2006

 

lmh