A
regular meeting of the Charter Township of Oxford Planning Commission held Thursday,
June 8, 2006, at the
Members Present:
Members Absent: Berger,
Black, Lepping
Also Present: Planner Wortman, Planning & Zoning Coordinator
Walkaus, Recording Secretary Harrison, Cameraman, approximately 11 visitors
The meeting was called to order by Chairman Silvester
at 7:31 pm
RESPECTS TO THE FLAG
NOTING OF ROLL
APPROVAL OF AGENDA
Curtis moved,
Ayes: 6 Nays: 0 Absent:
3 Motion
Carried
APPROVAL
OF THE MINUTES
Planning Commission Regular
Meeting – May 25, 2006
Fitchena moved, Curtis seconded to approve the Planning Commission Regular Meeting Minutes of May 25, 2006 as presented.
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
CITIZENS’
COMMENTS ON ITEMS NOT SCHEDULED FOR PUBLIC HEARING OR ON AGENDA
Larry Roesner, 1830 Cobblestone, commented on the
amount of dust that gravel trucks stir up on
COMMISSIONERS’
COMMENTS, INFORMATION FROM ZONING ADMINISTRATOR AND COORDINATOR
Commissioners’ Comments:
Chairman Silvester introduced Mr. Jim Sharpe of
Giffels-Webster, the new Township Engineer.
He was present in the audience to observe the meeting.
PC and ZBA Coordinator Comments:
Coordinator
Walkaus informed the Commissioners that there were reviews from the Sheriffs
Office on Bellina Pines and Ledgestone, hard copies were distributed and were on
the travel drive for tonight’s meeting.
The Commissioners
who drove to the class in
Barb noted that
the next joint meeting between the Township and the Village Planning
Commissions regarding
REI will be
having a preconstruction meeting next Tuesday for the construction of the
traffic light at
There is a
joint meeting between the Township Board and the Planning Commission at 7:00
pm, Tuesday, June 13th. It
will be a single issue Closed Session.
The proposed
wine shop issue has been forwarded to the Attorney for their opinion.
In regards to the Cherry Ridge MDEQ violation. They have 6 months to reapply for an MDEQ
permit and will be required to pay twice the original application fee which is
essentially a $2,000 fine and will not be required to restore it. They can continue with site plan
presentations but cannot do any work. A
site plan revision has been applied for and information will be sent to the
consultants.
Zoning Administrator Comments:
On behalf of Zoning Administrator Darling, Ms. Walkaus reported he had no comments.
Recording Secretary Comments: None
OLD
BUSINESS
FINAL SITE PLAN – Barroncast Warehouse Addition 2006 –
Parcel #04-09-127-003 – Applicant: Paul E. Barron,
Jim Wilson, the Architect, was present and is seeking
final site plan approval. Corrections
were made to the site plans per consultant and Commissioner comments from the
3/9/06 Planning Commission meeting and resubmissions made.
There were no
comments or questions from the Commissioners on the review letters or revised
plans.
Bell moved, Silvester seconded to approve the final
site plan for Barroncast Warehouse Addition 2006, 215 Plexus Drive; in
accordance with Rowe Engineering letter dated 5/26/06, Carlisle Wortman letter dated
5/23/06 (specifically the Oakland County Health Department approval on well and
septic), and the Fire Department letter of 5/15/06.
Discussion:
Commissioner Curtis inquired about the safety path. It was noted the path is on the plans. They will still need to request a permit from
MDOT for the path pending this approval.
Mr. Wilson conferred with Mr. Barron, the owner, and he would like to
opt for making a contribution to the Safety Path Fund. It was noted that if it is approved by the
appropriate bodies that a payment to the Safety Path Fund be made in lieu of
construction, the amount is determined by the Township Engineer.
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
FINAL SITE PLAN – 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) –
Re-submittal of Plan B, tabled from January 13, 2005, January 27, 2005.
Mr. Weckle was
present and addressed comments on the consultant review letters. He noted that several of the Planner’s and
Engineer’s concerns are addressed on the Civil Engineering drawings which he
submitted but the consultants did not receive. Chairman Silvester informed
Mr. Weckle that site plan approval is based on architectural/site plan drawings
not engineering, any request made by a consultant has to appear on the site
plan. He would like to go through the
reviews to discuss items that aren’t addressed by the engineering drawings so
any additional comments or concerns can be added to the site plan as well. Although the construction drawings are
effectively done, if anything changes during final site plan, those will have
to be amended.
Planner’s
review dated 5/23/06 – Mr. Weckle will or has complied with all items. The safety path requirement was
discussed. It was noted that the safety
path needs to be shown on the site plan extending the entire length of the
property. Mr. Weckle stated that he
prefers to construct the path even though it does not extend on either side of
the property line. He will supply
documents from the manufacturer on the flat lens lighting fixtures with the
next submittal. The carport siding
recommendation would be costly, Mr. Weckle and his partner may decide not to
include the carports. Lastly, he agreed
using wrought iron instead of the proposed cyclone fencing as security on the storage
areas for the western side that faces
Chairman
Silvester noted that if a safety path location does not show as being proposed
or noted as “future” on the Township’s Greenways Plan, the developer can take
the necessary steps to contribute to the Safety Path Fund in lieu of it’s
construction which is to first make the request to the Planning Commission,
then to the Safety Path Committee, and the final decision made by the Township
Board. The developer has to provide an
estimated cost which the Township Engineer reviews for accuracy. Commissioner
Fitchena commented that it is her
recommendation that a Certificate of Occupancy not be issued to a developer
until payment has been made to the fund.
Commissioner
Roesner asked if a safety path is not shown on the Greenways Plan as noted
above and a developer takes the necessary steps not to put it in, do they then
have to put in a sidewalk? Planner Wortman responded that sidewalks
along a frontage of a road right-of-way is not a requirement of the Ordinance
and varies from project to project.
Engineer’s review
dated 5/26/06 – Mr. Weckle noted that item #1, the placement of the fire
hydrant, was put there by the recommendation of the Fire Chief. All other comments were addressed on the
Civil Engineering drawings. Commissioner Bell asked about the soil
borings. Mr. Weckle replied they
showed all sand and gravel and has good perculation.
Sheriffs review
dated 5/26/06, all items have been addressed and the Parks and Recreation
Department (letter dated 5/3/06) had no comments.
Chairman Silvester directed Mr. Weckle to update the
site plan with everything discussed tonight, re-submit for consultant review
and then appear before the Planning Commission for final approval. Coordinator
Walkaus said there is approximately a 6 week turnaround time from when site
plans are submitted to when it appears before the Planning Commission . She also reminded the Commission that the
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
FINAL SITE PLAN REVIEW (#2) – Ledgestone Commons –
Mechanic Street – Parcel #04-27-404-016
Applicants: Tom Haner and Neil
Millendorf, 4577 S. Lapeer, Suite E, Orion, MI
48359 – Proposed Use: Residential
Condominium (from Planning Commission 12/9/04 and 12/22/05)
Mr. Wilson made
the presentation for the applicants who are seeking final site plan approval
for their residential condominium project.
Mr. Wilson addressed the comments on the consultant review letters.
Planner’s
review dated 5/23/06 – Item #1, Mr. Wilson asked for clarification on the rear
yard, the proposed four units mentioned will be built back to back per an
earlier suggestion. Planner Wortman replied that 35 feet is
required. Item #2, if they cannot get
the proper setback, they will look to do something else. Item #3, the majority of the Commissioners
were ok with the driveway of
Engineer’s
review dated 5/26/06 – Item #2, all lots are proposed with basements. Some of the test borings indicated there was
unsatisfactory bearing capacity. Mr.
Wilson said they will provide engineering with each of those when applying for
the building permits. Item #4 regarding
storm water management, Mr. Wilson will contact Rowe for more clarification and
will do whatever they require. Item #7, the Commissioners recommended that
the applicants submit their plans to the Road Commission prior to
approval. Mr. Darling will be asked to
provide a letter to the Road Commission stating that this project has made
significant progress and the Planning Commission or Township is seeking their
input. Item #9, it was agreed that
this request was not necessary at this point.
Item #10, Mr. Wilson assured the Commission that they will comply with
Health Department regulations when abandoning said well. Item #12, it should be written in the Master
Deed that a driveway cannot go over the easement on lot 12.
Fire Department
review dated 5/26/06 – The fire department would like more than one point of
access to the site or the entrance widened and “
Chairman
Silvester asked if mailboxes would be on both sides of the street or on one
side. Mr. Wilson believes the Post Office will be requiring one central location
but have not indicated yet where they want it.
Sheriff’s
review dated 5/31/06 which included comments from a previous review. Mr. Wilson did not see this revised letter
until tonight but items 1 & 2 will be complied with and the roads are not
private, so vehicle codes can be enforced within the development.
Parks & Rec
review dated 5/2/06 – No comments.
Chairman Silvester recommended this request be
postponed so that the storm water issue and the fire department issue can be
resolved, the Road Commission can review the plans, and the site plan revised. It was agreed that the revised plans be
reviewed by the consultants before coming back for final approval.
Curtis moved, Fitchena seconded, to postpone the Final
Site Plan Review for Ledgestone Commons,
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
AMENDED FINAL SITE PLAN REVIEW –
Mr. Serra, the
Architect, was present and submitted an amended site plan for the proposed
shopping center known as Oxford Crossing.
The site plan received preliminary approval on 2/23/06. Mr. Serra made changes to the plan per a letter
from the Oakland County Road Commission dated 4/11/06 claiming encroachment on
a 120-foot right-of-way they have for future improvements to
Planner’s
review dated 5/23/06 and Engineer’s review dated 5/26/06 - All items will be
satisfied with a discussion to follow on both consultants’ comments on the
safety path requirement.
The Commissioners, Planner Wortman, and Mr. Serra
discussed at length the validity of the Road Commission’s claim and the requirement
of the safety path or a payment made in lieu of. It was stressed that the safety path has to
be shown on all site plans. It was also
noted that the County has not yet supplied documentation proving their claim. Commissioner
Roesner wanted it noted that should the County be able to do this, the plans
would then be incorrect. During
discussion, the Commissioners agreed they preferred the approved preliminary site
plan which shows the safety path. The
applicant wants to proceed with the amended plan and agreed to design an 8-foot
safety path and add it to the plan. Planner Wortman reminded the Commissioners
that storm management was also an encroachment issue. Ways to proceed on this request were discussed, and how to help the applicant move
forward.
Silvester moved, Roesner seconded to approve the
Amended Final Site Plan for Oxford Crossings, part of parcel #04-22-200-008, plans
date stamped by the Township 5/2/06 with following two contingencies: the 8-foot
safety path be placed on the plan; the two Planner’s comments from review dated
5/23/06, items 2 & 3 about the screening of the dumpster and the
transformer are adhered to.
Discussion: It was asked where the safety path would
go, how will the storm management be addressed, and who does the applicant submit
the revision to.
Silvester
withdrew the motion, Roesner withdrew support.
Silvester moved,
Curtis seconded, to postpone until the safety path is worked out and placed on
the plan, items 2 & 3 on Carlisle Wortman’s review dated 5/23/06 are
addressed, and the revisions bought back to the Planning Commission for final
review.
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
Mr. Serra asked to submit the civil engineering drawings
for review so that he can make any requested changes not associated with the
safety path to save time. He was told he
can do so, at his own risk.
Silvester moved,
Silvester
amended,
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
During the above discussion, Planner Wortman suggested
a meeting be held with the Road Commission to give the Township’s perspective
on this matter. It was also suggested
this be discussed at Tuesday’s Joint Meeting.
Chairman Silvester directed Coordinator Walkaus to coordinate a meeting
between the Road Commission, Supervisor Dunn, the Township Engineer, and
Planner Wortman. It was recommended that
Mr. Serra wait until after Tuesday’s Joint Meeting to design the safety path
and that Coordinator Walkaus would keep him informed.
NEW BUSINESS
- None
COMMUNICATIONS
AND/OR COMMITTEE REPORTS
Violations Report
No violation report was
submitted. Coordinator Walkaus spoke to
Ordinance Enforcement Officer Kava, he said they closed 5 cases, added 1 new
one, and opened and accessed 2 in May. Commissioner Curtis inquired why some items
on the previous report go back several years.
Sub Committee Reports
Acreage/Lot
Gravel Inspection Sub Committee – The Township received a Freedom of Information Act
request from an Attorney in
Ordinance Review Sub Committee – They reviewed Attorney’s comments at Monday’s
meeting and are down to the last four Articles to be written. Mr. Lopatin was asked to look at the new Zoning
Enabling Act and how it affects what has already been reviewed. Chairman Silvester directed the new Township
Engineer to review the Private Roads article.
Reports from Representatives to Other
Township Boards/Committees
Highway Roads Committee – Committee Member Fitchena had nothing to report but commented
they will need to meet to discuss the issues bought up during the Oxford
Crossing review.
Professional
Services Committee – Nothing to
report
Safety Path
Committee – Committee Member Fitchena
said there is to be a meeting this month but no specific date has been set.
-------------
10:30 pm –
Chairman Silvester moved, Roesner seconded to extend the meeting until 10:40
pm.
Ayes: 5 Nays: 1 Absent: 3 Motion
Carried
--------------
Chairman
Silvester commented that the Committee should use what money is left in the fund
to build a section of safety path so it is not all used on maintenance.
Water and Sewer Committee – Committee Member Roesner commented on the meeting
held last night between the Township and the public to discuss Bonding
issues. The meeting went well. The Agreement to transfer the
ZBA – Nothing to report, as no meeting has been held.
TOWNSHIP
PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES
Planner Wortman
noted that he and Mr. Lopatin have started the amendments for P.A. 110.
BILLS
Roll Call Vote:
Ayes:
Nays: 0
Absent: 3
Motion
Carried
Roesner moved, Curtis
seconded to approve Carlisle Wortman Invoice 26600 dated 6/1/06 for period
ending 5/31/06 in the amount of $1,925.00
Roll Call Vote:
Ayes:
Nays: 0
Absent: 3
Motion
Carried
Kucemba moved,
Roesner seconded to approve Michigan Association of Planning Annual Dues dated
5/10/06 in the amount of $600.00
Roll Call Vote:
Ayes:
Nays: 0
Absent: 3
Motion
Carried
ADJOURNMENT
Fitchena
moved,
Ayes: 6 Nays: 0 Absent: 3 Motion
Carried
________________________ ____________________________
Donald T. Silvester, Chairman Tom Lepping, Secretary
Date approved: 06/22/2006
lmh