A regular meeting of the Charter
Township of Oxford Planning Commission held Thursday, May 11, 2006, at the
Members
Present:
Members Absent: None.
Also Present: Planner Wortman, Planning & Zoning Coordinator Walkaus, Recording Secretary Harrison, 2 Camera people, and approximately 11 visitors
The meeting was called to order by Chairman Silvester at 7:30 pm
RESPECTS TO THE FLAG
NOTING OF ROLL
APPROVAL OF AGENDA
Black moved, Roesner seconded to approve the May 11, 2006 Agenda as presented.
Planning Coordinator Walkaus noted that the address listed in item 10 (c) is incorrect and should be 3921.
Black amended his motion, Roesner re-supported to approve the May 11, 2006 Agenda with the above correction.
Ayes: 9 Nays: 0 Absent: 0 Motion Carried
APPROVAL
OF THE MINUTES
Ordinance Review Sub Committee Meeting – April 3, 2006
Black moved,
Ayes: 9 Nays: 0 Absent: 0 Motion Carried
Planning Commission Regular Meeting – April 13, 2006
Black moved, Kucemba seconded to approve the Planning Commission Regular Meeting Minutes of April 13, 2006 as presented.
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 Hartland Township Ordinance that prohibits telephone poles and that the Township might want to consider this. Commissioner Fitchena will mention it to the Township Board.
Commissioner Bell reported that he was able to
get the drawings from Oxford Community Schools regarding the
Commissioner Fitchena commented on a Homeland
Security Seminar she attended by
Commissioner Fitchena noted that tomorrow is the Plant & Barn sale at Crossroads for Youth and said that a lot of bargains can be found there.
PC and ZBA Coordinator Comments:
Ms.
Walkaus reminded the Commission that the Michigan Zoning Enabling Act class is
on Tuesday, May 30th.
Commissioners Berger, Roesner, and members of the ZBA attended the class
on Monday evening. Commissioner Berger said it was very informational.
Zoning Administrator Comments:
Coordinator Walkaus noted no comments from Zoning Administrator Darling.
PUBLIC
HEARING(S)
None.
OLD
BUSINESS
AMENDED FINAL SITE PLAN – The PROMENADE at
WATERSTONE –
Paul Aragona, the Developer, made a presentation seeking approval on their amended final site plan. Based on comments from prospective tenants, the following modifications were made: the middle road was slightly shifted westward to provide more parking bay area in the center, eliminated building marked Retail B, rotated the restaurant (Chili’s) and moved the entrance and “To Go” area, and placed the potential drugstore building lengthwise along Lapeer Road. In regards to the Planner’s review letter, he would like to respond to the comments at a later submission. The building set aside as Phase II (potential drugstore) may be incorporated into Phase I upon negotiations with CVS which will address these concerns. Per the Engineer’s review, he noted the ingress/egress easement will be provided on the Alta Survey and be included on the engineering drawings and noted the rest of the items will be addressed depending on the CVS negotiations.
Commissioner Berger asked about the drive-thru window on Retail A and wanted to make sure there was no problem with the truck turning radius along the east part of the plan. Mr. Aragona explained the drive-thru traffic pattern and that signage may be needed to make sure people don’t enter it the wrong way. He also noted that the truck turning scenarios were presented at an earlier meeting and in addition to that drive, they’ve incorporated loading zones that are generous in size.
Commissioner Lepping commented that there is a note on the landscape plans that the drawings are conceptual subject to change. Mr. Aragona replied that the plans are final and the note should not have been on there.
Black
moved, Fitchena seconded to approve the amended site plan of the Promenade at
Waterstone Commercial Village Retail, applicant Oxford Waterstone, LLC –
Discussion
Chairman Silvester recommended the date of the amended plans, April 7, 2006, be included in the motion.
Black moved, Fitchena re-supported to amend the motion to include the date of April 7, 2006.
Discussion
It
was agreed that the motion should state “Phase I only”. Commissioner Roesner
commented that she still does not like the traffic circulation design.
Black moved, Fitchena re-supported to amend the motion to include Phase I only.
Ayes: 8 Nays: 1 Absent: 0 Motion Carried
ORDINANCE 67 REVIEW – Revised Draft Article
9 (Signage)
Chairman Silvester noted that only minor changes have been made and it has been taken before the Township Board. There will be couple of modifications: 1) clarifying political signs and expression signs, and 2) better clarification of vehicle signs vs. billboards. Commissioner Fitchena asked about a NOTA van that has an advertisement on it, will that be permitted? Chairman Silvester said yes, the Ordinance is based on how long a vehicle is parked – greater than 3 consecutive days would be in violation. There are two sections regarding vehicle signs, what is allowed and what is not. He said they may need to make a better distinction in these two areas. Commissioner Roesner commented on residential, agricultural, and home occupation signs, the residential setback of 15 feet would make most of these existing signs non-conforming. After discussion it was decided that the Ordinance Review Sub Committee would review it again.
NEW BUSINESS
PRE APPLICATION CONFERENCE – Proposed Gas
Mart and Leased Space – 1225 S. Lapeer Rd., Oxford, MI 48371 – Applicant: Weesha Investments, LLC (Joseph Saigh) 1010
S. Lapeer Rd., Oxford, MI 48371 (from
02/24/2005 – same property, different plan)
Bill Colley, the Architect, represented the applicant. They propose to remove everything from the site and construct a 3,200 sq. ft. gas mart with four (4) pumps and two (2) 1,000 sq. ft. lease spaces.
After discussion between the Commissioners and
the applicant some of the concerns were:
the depth of the parking spaces, aisle way, and sidewalk; the limited
space behind the building and the property line (approximately 2 feet) making
it difficult for building maintenance; the location of the loading zone; and
traffic circulation. Mr. Colley responded that the parking
specifications meet Township Ordinance.
It was suggested that the parking spaces be angled on the west side and/or possibly narrow
down the size of the building to allow for better traffic circulation and more
space behind the building for maintenance and rear building exits.
Commissioner Roesner suggested installation of
a safety path or sidewalk along
Commissioner Fitchena requested to see where
the true lot line is for
Chairman Silvester reminded Mr. Saigh of the current Ordinance Violation of Section 1502 (F), whereas he is selling mulch outside on the property. A Special Land Use permit is required for seasonal sales or product not related to the primary business displayed outside. If he intends to do the same at the proposed gas mart he needs to apply for a Special Land Use Permit during site plan approval. Outdoor sales would include ice, mulch, air, etc. and such items need to be shown on drawings.
Commissioner Bell recommended landscaping along the south property line screening the dumpster and loading area. Commissioner Lepping inquired about the landscape plans as well. Mr. Colley responded that they plan on putting a retaining wall on the south property line and landscape plans have not been developed yet.
Chairmen Silvester expressed to the applicants that they will need a variance for the east property line; potentially the south property line, the dumpster is in the setback; and for the size of the parcel. He explained that in order to go before the ZBA, they need to submit a conceptual site plan to the Planning Commission, it has to be denied with reasons. Mr. Silvester also wants to see all truck turning radiuses.
MASTER DEED AMENDMENT – Hills of Oxford
Condominiums, BUILDINGS 6 & 7 REVISION – Applicant: Developer – Oxford
Hills Development, LLC, 33493 West 14 Mile Road, Suite 80, Farmington Hills,
MI 48331-1587
Tom Wujczyk for the Hills of
Chairman Silvester asked for clarification that they are not going to build the 100 Series buildings as proposed in April. There was confusion among the Commissioners because documents they had before them tonight depicted this Series of buildings. The applicants confirmed that proposal was dropped, they are not constructing the Series 100 buildings in Phase I and apologized for the misunderstanding.
Planner Wortman commented then that the plans he reviewed were not correct, the ones he had showed the proposed modifications of adding the Series 100 buildings so his concerns about the shifting of the parking lot further east would be irrelevant. The applicants responded, that is correct.
Commissioner Bell stated the application and what is presented on the agenda is confusing and that corrected information should go to the Planner and Engineer and then come back to the Commission so they can make a better informed decision.
Commissioner Roesner asked if the facades will be the same as what was approved. The applicants said, yes.
Chairman Silvester noted that a different site plan change has already been made administratively. Series 200 and Series 250 buildings were swapped out for each other (this possibility was noted during the original site plan approval). He then asked if the footprints change. The applicants responded, by approximately 4 feet and parking in the rear would change by that same 4 feet but would not be any closer to the wetlands and there would be no adjustments to the roads already in. He then commented that this building swap is minor and can also be handled administratively.
Commissioner Berger disagreed. He commented that this request is a site plan revision and does not touch on any Master Deed issues. He would like the new plans submitted to the Planner and Engineer to be reviewed for consistency with the prior approved plan and the Commission look at it from that point.
Commissioner Curtis retrieved and read the letter from Mr. Shape to Building Official Darling regarding the decision to drop the proposed Series 100 plans.
Silvester moved, Curtis seconded to postpone and refer back to the Building Administrator, the Hills of Oxford Condominiums in regards to the revision of Buildings 6 and 7.
Discussion
Commissioner Black commented the motion should not be to postpone but to just refer back to the Building Administrator.
Silvester withdrew his motion, Curtis withdrew his support.
Silvester moved, Curtis seconded to refer back to the Building Administrator, the Hills of Oxford Condominiums in regards to the revision of Buildings 6 & 7.
Discussion
Commissioner Roesner requested that if Mr. Darling should find that it is more than a minor change, he will send it back. Commissioner Lepping said that Mike probably sent this to the Commission as a courtesy, as a means of communication. Now that the Series 100 issue has been cleared up, it can be referred back to the Building Department with the Commission’s concurrence.
Ayes: 8 Nays: 1 Absent: 0 Motion Carried
DETERMINATION – Proposed Wine Shop –
Property 3941 3921 Barber
Road
Frances Fischer was present and seeks to start a business which stores, supplies, and teaches customers about wine. Her husband builds wine cellars and her idea is to assist those clients fill their cellars. She has applied for an SDM License (a “to go” retail license for beer and wine) with the State. She plans on storing the wine in the wine cellar of Hunters Ridge which the owner has agreed to and she will be delivering the wine to her customers, it will not be a store (although a Special Designated Merchant license does require public be allowed in, but this is not her intent). She purposes no signage or advertising and to use a small room in the front of the house (Hunters Ridge) as an office.
The Commissioners discussed what kind of determination to make (special land use, home occupation, etc) and does it fit in this zoning district. Because a liquor license is involved, the determination was difficult and required much discussion. Chairman Silvester read Article 3, page 8, Home Occupation to the Commission which applies to all zoning districts.
It was discovered that no one lives in the house known as Hunters Ridge but it was determined to be an accessory building so it can be used to house a home occupation.
Commissioner Black recommended the issue be given to the Township Attorney for review.
Commissioner Berger suggested it be viewed a home occupation that way certain restrictions would be involved and would be more manageable. He agreed to also consult the attorney.
Chairman Silvester moved, Fitchena seconded to make a determination on the proposed wine shop - property 3921 Barber Road, Oxford, MI, applicant Frances Fischer; that it meets the requirements for home occupation which is permissible in Agricultural zoning and to direct Mr. Darling to consult with the Attorney to make sure the Commission hasn’t overstepped their bounds.
Discussion – Commissioner Roesner clarified that it meets home occupation requirements in all zoning districts not just Agricultural and is comfortable approving it as such without an Attorney review first.
Roll Call Vote:
Ayes:
Nays: Black, Roesner
Absent: 0
Motion Carried
COMMUNICATIONS AND/OR COMMITTEE REPORTS
Violations Report
Violation Report dated May 2, 2006 was submitted by Zoning Administrator Darling. Chairman Silvester directed Coordinator Walkaus to ask Mr. Darling to start working on resolutions so items can be removed.
Sub
Committee Reports
Acreage/Lot
Gravel Inspection Sub Committee – Committee Member Black had nothing to report.
Ordinance Review Sub Committee – Chairman Silvester reported that Articles 12, 13 & 14 have been reviewed and only four articles remain.
Reports
from Representatives to Other Township Boards/Committees
Highway Roads Committee – Committee Member Fitchena had nothing to report.
Professional Services Committee – Committee Member Bell reported that the Township Board has narrowed the outside Engineering firm to three (3). At a meeting scheduled for May 25th, the selected firms will make a presentation and a final selection will be made. The Committee’s next directive is to discuss a possible on-staff Engineer, to review Township Attorney, and then Township Planner.
Safety Path Committee – Mr. Ferrari submitted
a report to the Commission and there hasn’t been a meeting in almost two
years. There was a discussion among the
Commissioners as to how much money is in the fund and how is it being spent. Commissioner Curtis will ask Mr. Ferrari for
a Safety Path Fund report and to appear at the next Planning Commission meeting
so that he can address Commissioners concerns.
Mr. Silvester will also make this
request of Mr. Ferrari. Commissioner
Fitchena commented that a representative from RLM was at the Township Board
meeting and stated that they do not intend to participate in the safety path
program because of a communication they received from the Road Commission that
the proposed path would be in their right-of- way and would not allow it. The Board referred the matter to the Township
attorney. Coordinator Walkaus noted that this scenario will also come up in two
other cases, Barroncast and
Planner Wortman commented on the importance of the Safety Path Committee and their responsibility in conjunction with the Planning Commission to make recommendation to the Township Board to determine whether or not a safety path can be waived or funds contributed in lieu of.
Water and Sewer Committee – Committee
Member Roesner said there was nothing new to report unless there were any
questions. It was noted that the
progress on all the system projects it is on the
Zoning Board off Appeals – Committee Member Roesner commented that there is a meeting scheduled for Monday, May 15th.
TOWNSHIP
PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES
Mr.
Wortman stated that he is happy the Commission Members will be attending the
new zoning legislation training. He suspects
they will cover the Corridor Improvement Act which similar to a DDA.
Chairman
Silvester noted that Coordinator Walkaus was contacted by Oakland County
Planning & Economic Development regarding doing a county-wide Greenways
Plan. He will be contacting Supervisor Dunn
and Parks & Recreation Director Davis to see if this something
BILLS
Chairman Silvester noted that the $455.00 should be paid by the Lakeshore Village T&A account for attendance at the joint meeting.
Black moved, Fitchena seconded to approve Carlisle Wortman Invoice #26500 dated 5/1/06in the amount of $595.00.
Roll Call Vote:
Ayes:
Nays: 0
Absent: 0
Motion Carried
Chairman Silvester noted they have four Articles left to go and should be significantly under the budgeted amount. He commended Carlisle Wortman for that.
Black moved, Fitchena seconded to approve Carlisle Wortman Invoice #26502 dated 5/1/06 in the amount of $1,340.00
Roll Call Vote:
Ayes:
Nays: 0
Absent: 0
Motion Carried
ADJOURNMENT
Discussion
Commissioner
Black asked when the
Ayes: 9 Nays: 0 Absent: 0 Motion Carried
______________________________ ____________________________
Donald T. Silvester, Chairman Tom Lepping, Secretary
Date approved: 05/25/2006
lmh