A regular meeting of the Charter Township of Oxford Planning Commission held Thursday, May 25, 2006, at the Oxford Veterans Memorial Civic Center.

 

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

 

Members Absent:      None.

 

Also Present:             Planner Lopatin, Planning & Zoning Coordinator Walkaus, Recording Secretary Harrison, 2 Visitors, (no CATV Cameraman)

 

The meeting was called to order by Chairman Silvester at 7:30 pm

 

RESPECTS TO THE FLAG

 

NOTING OF ROLL CALL

 

APPROVAL OF AGENDA

Bell moved, Fitchena seconded to approve the May 25, 2006 Agenda as presented.

                  Ayes:   9              Nays:  0           Absent:  0               Motion Carried

 

APPROVAL OF THE MINUTES

Joint Township & Village Special Planning Commission Meeting – April 18, 2006

Black moved, Lepping seconded to approve the Joint Township & Village Special Planning Commission Meeting Minutes of April 18, 2006 as presented.

                  Ayes:  9               Nays:  0           Absent:  0               Motion Carried

 

Ordinance Review Sub Committee Meeting – May 1, 2006

Black moved, Curtis seconded to approve the Ordinance Review Sub Committee Meeting Minutes of May 1, 2006 as presented.

                  Ayes:  9               Nays:  0           Absent:  0               Motion Carried

 

Planning Commission Regular Meeting – May 11, 2006

Black moved, Lepping seconded to approve the Planning Commission Regular Meeting Minutes of May 11, 2006 as presented.

Discussion:  Secretary Harrison asked if the last sentence of the second paragraph on page 2 was understandable, she did not want the public to read that and think dialing 211 was the same as dialing 911.  Commissioner Fitchena suggested it read that 211 is an assistance hotline for clothing, food, medical care, heat assistance, not for emergency response.  Commissioner Roesner noted that on page 6 during the discussion of the motion, she was not “comfortable approving it as such”.

 

Black amended, Lepping re-supported the approval of the Planning Commission Regular Meeting Minutes of May 11, 2006 as amended.

                  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 Black inquired if there was feedback from the Attorney on the proposed wine shop from the last meeting.  Chairman Silvester said there has been no response as of yet.

Commissioner Curtis commented that he and Commissioner Bell attended last night’s Township Board meeting.  He noted that RLM Industries appeared before the Board requesting a waiver on the safety path because it would fall in an Oakland County right-of-way.  During that discussion it was mentioned that they will be adding additional machines and employing at least 50 additional people.  The Planning Commission approved their site plan as a cold storage addition with no additional employees and Mr. Wilson stated they would put in the safety path.  This manufacturing change poses issues with water & sewer, parking, and traffic ingress/egress.  Mr. Curtis was concerned that once a site plan leaves the Planning Commission, substantial changes could possibly be made and the Commission would not be aware of them.  Somehow changes like these need to get communicated to the Planning Commission.  Planner Lopatin commented that after approval has been given by the final authority, the project goes through the administration process so the Building Department should be that link and responsible to make sure that approvals of the Commission and/or Board are implemented or sent back to the Planning Commission.

It was noted that Oxford Crossing also appeared before the Township Board requesting a safety path waiver due to it’s location in the Ray Road right-of-way and the County’s correspondence that they would not allow it.  Planner Lopatin recommended that dialogue be started with the Road Commission as their actions are hindering the Townships ability to set in place some of it’s-non motorized infrastructure.

Commissioner Fitchena commented that Mr. Wilson is an inspector for Oxford Township so in some instances he is inspecting his own architectural work.  Chairman Silvester stated that he understands Mike Darling also inspects everything that Mr. Wilson is involved with.

Commissioner Bell reported that the Township Board has hired Giffels-Webster as the new Township Engineer.  Jim Sharpe is the point person and is a resident of Oxford Township.  Effective June 5th they will be taking on new projects and transition of existing projects will be worked out next week.

Commissioner Lepping commented that about a month ago he spoke with Independence Village and helped them decide what to replace the dead Ash trees with.  As of today, the dead trees where still there and no new ones planted. 

Commissioner Fitchena reported that two months ago she attended a public hearing with the residents that surround the proposed Cherry Ridge subdivision and the owner has been issued an MDEQ violation.  She noted the Commission should be monitoring this closely.  As far as the Commission knows, the violation has not been resolved.  Chairman Silvester asked Coordinator Walkaus to follow-up on this issue.

Commissioner Curtis noted that Jim McGowan, the applicant of the proposed Oakwood Bluff development on Lakeville Road, has gone to the Village requesting they annex the parcel (which would include the piece purchased from the Township).  There was an article in the paper and it appears the Village is in favor of it.

Commissioner Bell stated that on the Township’s Road Master Plan and Oakland County’s, at the mouth of Ray Road it is a proposed 120 foot right-of-way.  It is the County’s intention to eventually make that area into 5 paved lanes and that is why they do not want Oxford Crossing to impose on that.  Chairman Silvester inquired if they have the right to do that.  Coordinator Walkaus has been in contact with Oakland County regarding this and is waiting on documentation from that department.

Chairman Silvester reminded the Commissioners that they have training next Tuesday evening and after the meeting he asked that they figure out who will be driving together and where to meet.

 

PC and ZBA Coordinator Comments:

Coordinator Walkaus reported that Mr. Taft of Rowe Engineering called, and it appears some underground work has been done at the Multi -Tenant project that they were not aware of and have not inspected.  Chairman Silvester asked that Mr. Kava take a look.

An attorney representing the homeowners on the south border of Bellina Pines reviewed the township file for the site and landscape plans.  Chairman Silvester asked that this site be visited as well.

Larry Lax contacted Coordinator Walkaus and informed her that a contractor has been selected to construct the through cuts and traffic signal at East Market Street and Lapeer Road with work to begin within the next 30 days.

Tony Serra of Oxford Crossing called and asked if he could submit engineering drawings for review prior to final site plan approval in order to save time between approvals.  It was the consensus of the Commissioners that it’s not a good idea in case the final site plan is not approved.  Barb was directed to inform him that his request was declined.

Coordinator Walkaus explained the summary report that was included on the memory stick this evening.  It is a directory of what has been done at each Planning Commission meeting so far this year.  It will be updated and supplied every two months.

 

Zoning Administrator Comments:

On behalf of Zoning Administrator Darling, Ms. Walkaus reported he had no comments.

 

Recording Secretary Comments:  Recording Secretary Harrison had no comments.

 

OLD BUSINESS

FINAL SITE PLAN EXTENSION – REI – East Market Street Landscaping – Applicant:  REI, Inc. 40900 Woodward Ave., Suite 130, Bloomfield Hills, MI  48304

Richard Zanotti of REI was present and is requesting a one-year extension for the East Market Street landscaping and irrigation due to the construction of the shopping center to the north (The Promenade at Waterstone) and the work that is to begin on Lapeer Road in the next month.  He stated that once the work begins on The Promenade, the trees will be installed.

Chairman Silvester wanted assurance that it will be done this time being that this is their second extension request and that the landscaping includes irrigation.  Mr. Zanotti responded that he believes there is irrigation within the median and that it is part of their agreement with Aragona and the Lapeer Road work that Aragona would not go ahead with their project until REI had permits from MDOT.  He also noted that there are two curb cuts needed for the shopping center in East Market Street which was all to be done as a whole.

Commissioner Roesner reiterated that East Market Street is not a legal road until it has a cul-de-sac or legal termination.  She was concerned that The Promenade will use it even though it is non-conforming.  Commissioner Curtis responded that Aragona was told they could not use the road which he agreed to.  He also expressed that the landscaping should be done now and that the site is an eyesore.  It was noted that the site plan was approved with East Market Street going all the way through to Oxford Road south of the high school.

Mr. Zanotti noted that the road has an 86 foot right-of-way with two 22 foot roadways and a 16 foot median.  It can be maneuvered in the same diameter as an approved private road.  He said that they discussed with Rowe the ability to turn in a cul-de-sac versus the turning radius required for a boulevard and they were in agreement that a truck could turn around and there was no need to construct a cul-de-sac.  He also noted that the Private Road Ordinance addresses single roads not boulevards.  The road has MDOT approval and is only missing, per the plan, landscaping and irrigation.

There was some discussion about cashing in the Bond but was determined that it is difficult to do and the Commission is not in the construction business.

Planner Lopatin asked Mr. Zanotti what he thought was reasonable to expect the landscaping to be installed. He responded before the end of summer, he doesn’t want to put it in while the shopping center is being constructed.

Chairman Silvester asked for the status of the Terraces.  Coordinator Walkaus said that at their last appearance, they would be ready to start some kind of construction by the end of summer, and believes that construction drawings are at the engineers.  She also noted that Aragona had a preconstruction meeting yesterday and is waiting on a letter from the Attorney regarding bonding, at which time they can start bringing in equipment.

 

Lepping moved, Black seconded to require REI to put in a cul-de-sac at the end of East Market Street by June 30, 2006 and that the landscaping be done by September 30, 2006.

 

Discussion – Planner Lopatin expressed concern about the motion taking alternative action than what was brought before the Commission (i.e. a modification to the site plan without drawings).  The decision should be whether or not to grant the extension or to table it for more information.  There was discussion among the Commissioners that a cul-de-sac was not shown on the approved site plan but was stipulated in the motion.

 

Lepping withdrew the motion, Black withdrew his support.

 

Commissioner Black commented that he would like it to be tabled so that they can review the approved set of drawings.  Commissioner Roesner would like to look up the motion.

Commissioner Fitchena read the letter from Lawrence Lax dated May 16, 2006 whereas he stated that due to the anticipated site work relating to the proposed shopping center north of East Market Street, they are requesting a 12 month extension, or an extension long enough to coordinate the landscaping with the landscaping of the shopping center.  Being that construction on The Promenade should begin within the next couple of weeks, she would give them a deadline of September 30th.

 

Fitchena moved, Curtis seconded to require REI to install the East Market Street landscaping by September 30, 2006.

 

Fitchena amended the motion, Curtis re-supported to clarify that this completes the site plan which includes landscaping and irrigation.

 

 

Discussion – Commissioner Roesner expressed concern that Aragona will be allowed to use the road.

                  Ayes:  8               Nays:  1           Absent:  0               Motion Carried

 

Mr. Zanotti was directed to seek a site plan amendment for the boulevard cuts Aragona’s development will need.

 

NEW BUSINESS

DISCUSSION – Status of Safety Path and Funding – Trustee Ferrari

Trustee Ferrari was present.  He stated that their packet includes information relating to the Safety Path program and that there is not a lot of money in the fund.  Most of the money that is received is used for lawn cutting, snow removal, and emergency repairs.  He explained where the money that is currently in the fund came from and how he has researched alternative financing to no avail.

Chairman Silvester stated that it is his understanding of the Ordinance that maintenance decisions are to be made by the Safety Path Committee so would like to see the Committee meet on a more regular basis and the Planning Commission receive feedback from those meetings.  It was noted that the Township Board is the body that contracts the maintenance.

Planner Lopatin informed Mr. Ferrari of the disconnect between who makes the decision on final site plan approvals and who makes the decision on safety path waivers or variances, referring to RLM and Oxford Crossing, as discussed earlier.  He commented that perhaps Ordinance 117 be revised making the Planning Commission the final authority in both cases, to eliminate one governing body being “played” against the other.

Chairman Silvester offered a couple of solutions: a safety path be required to be put in on everything with no exceptions, or don’t issue an Occupancy Permit until the safety path is put in or payment is made in lieu of.

Commissioner Curtis (a member of the Safety Path Committee) commented that Committee meetings are not needed all the time, but contact does need to be maintained between the members on a more regular basis.  Speaking with Mr. Ferrari is how he found out about RLM and Oxford Crossing wanting safety path waivers.  To that, Chairman Silvester instructed Coordinator Walkaus to e-mail Commission members the Township Board Agenda and they can decide if they need representation.

Commissioner Berger noted that it is an Ordinance stipulation that a safety path be shown on all site plans and if a developer doesn’t want to put it in, the first place they go, after the Planning Commission has seen it, is to the Safety Path Committee.  It is at their discretion to recommend if the path is to be waived and a payment (determined by the Township engineer) be placed in the fund.

Chairman Silvester’s direction to the Safety Path Committee was:  1) look for alternate sources of funding, 2) review the Safety Path Ordinance with both the Planner and the Township Attorney, and 3) to set up a meeting with the Township Board or Mr. Dunn, Mr. Darling, and Mr. Kava to discuss only issuing an Occupancy Permit once a safety path has been put in or payment has been received in lieu of.  He directed Coordinator Walkaus to coordinate the latter.

Chairman Silvester also asked for a joint meeting between the Township Board and the Planning Commission where these issues can be discussed.  Coordinator Walkaus recommended Wednesday, July 19th.  He asked that the Safety Path Committee meet before then and that if any of the Commissioners would like to discuss anything else at this meeting, that they let him know by July 1st.

Chairman Silvester requested that Mr. Curtis attend the closed session that was discussed at the Township Board meeting last night.

DISCUSSION – Electronic Data – Packets, E-mail

Chairman Silvester noted that it has been requested by about half of the Commissioners and all of the consultants to receive paper (hard copies) of the packets.  He commented that it was the intent to go electronic to minimize work for the Coordinator.

It was the consensus of the Commissioners they would like to receive hard copies of just the site plans.  It’s easier and less time-consuming to review.  They can go back and forth between pages, write down notes, and judge scale sizes.  It was also agreed that digital copies of the site plans were still valuable.

It was Chairman Silvester’s direction that everyone receive the same materials.  All site plans including landscaping, grading, utilities, etc. would be provided as hard copy as well as in digital form, and all other documents would be digital as well.  Coordinator Walkaus is to request that all digital documents from applicants come in PDF format with no exceptions.

Coordinator Walkaus asked if there was a preference for Friday or Saturday delivery of packets, she coordinates this with Mr. Kawa’s schedule.  Everyone agreed that either day is fine.

 

TOWNSHIP PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES

Planner Lopatin had nothing additional to report.

 

Commissioner Comments:

Commissioner Roesner asked if a typo can be corrected on the Master Plan.  She would like Leonard Elementary School (even though it is in Addison Township) added to the list of Oxford Schools.

 

ADJOURNMENT

Black moved, Roesner seconded to adjourn the meeting at 9:34 pm

                  Ayes:  9               Nays:  0           Absent:  0               Motion Carried

 

 

 

______________________________                                        ____________________________

Donald T. Silvester, Chairman                                                               Tom Lepping, Secretary

 

 

Date approved:        06/08/2006

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