A regular meeting of the Charter Township of Oxford Planning Commission held Thursday, June 22, 2006, at the Oxford Veterans Memorial Civic Center.

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

Members Absent: 0

Also Present: Planner Lopatin, Planning & Zoning Coordinator Walkaus, approximately 2 visitors, and CATV cameraman.

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

RESPECTS TO THE FLAG

NOTING OF ROLL CALL

APPROVAL OF AGENDA

Black moved, Lepping seconded to approve the June 22, 2006 Agenda as presented.

Ayes: 9 Nays: 0 Absent: 0 Motion Carried

APPROVAL OF THE MINUTES

Ordinance Review Sub Committee Meeting – June 5, 2006

Black moved, Berger seconded to approve the June 5, 2006 Ordinance Review Sub Committee Meeting Minutes as presented.

Ayes: 9 Nays: 0 Absent: 0 Motion Carried

Planning Commission Regular Meeting – June 8, 2006

Black moved, Fitchena seconded to approve the Planning Commission Regular Meeting Minutes of June 8, 2006 as presented.

Ayes: 9 Nays: 0 Absent: 0 Motion Carried

CITIZENS’ COMMENTS ON ITEMS NOT SCHEDULED FOR PUBLIC HEARING OR ON AGENDA

Ron Davis, Oxford Township Parks & Recreation Director, seeks direction to construct a bathroom facility for Kid’s Kingdom at Seymour Lake Township Park. A local developer has offered to build the facility and a local electrician and plumber have offered to donate their services as well. He noted they would be using bathroom fixtures stored from the High School/Middle School renovations. He would like to move forward with this project as soon as possible so as not to lose the availability of the donated services.

It was the consensus of the Commissioners that this would be an accessory building and could be handled by the Building Department administratively. Appropriate sanitary and building permitting would need to be obtained. Mr. Davis was also directed to talk to Mr. Darling about the possibility of waiving some of the Township fees for this project. Coordinator Walkaus will notify Mr. Darling of this direction.

COMMISSIONERS’ COMMENTS, INFORMATION FROM ZONING ADMINISTRATOR AND COORDINATOR

Commissioners’ Comments: Commissioner Black reported that the redesign of the M-24 median from north of town to Ray Road will begin. around July 5^th and go through Labor Day. This construction will also include a traffic light at East Market Street. It was noted that the median will be too small for any plantings which was to be the responsibility of REI. Commissioner Lepping commented that they could put landscaping along the outside edges of the road.

Commissioner Fitchena attended a SEMCOG meeting on June 20^th and the M-24 corridor was a main topic of study. The Oakland County Road Commission and MDOT were present at the meeting and expressed that Oxford should develop an Access Management Plan. She had some materials that she gave to Chairman Silvester of what they have planned and are looking at doing in the community. Ms. Walkaus noted that she received notice from Mr. Ferrari that there will be an Access Management Meeting on July 25^th in the morning and will e-mail more information to the Commissioners. Ms. Fitchena said she informed the Road Commission representative about the difficulties the Planning Commission is having with projects coming in for approval and the Road Commission not allowing the placement of required safety paths. She told them that plans will now be going directly to them for input after being discussed by the Planning Commission. Chairman Silvester said he will speak to Supervisor Dunn about getting more representation at the SEMCOG meetings.

Commissioner Curtis inquired about the copies of the meeting DVDs mentioned in Attorney Rentrop’s letter regarding safety path and sidewalk regulations. They want to review the verbiage of those meetings pertaining to RLM’s site plan approval, they need the one from the Township Board meeting of May 24^th and one from a Planning Commission meeting where Mr. Wilson stated they would not be adding any additional employees. Ms. Walkaus has forwarded the Board meeting DVD to the attorney and is in the process of determining which Planning Commission meeting is needed.

Commissioner Curtis commented on the old purple and yellow awning building that sold flooring, he noticed there is excavating going on inside the building. Ordinance Enforcement Officer Kava will be going there tomorrow to take pictures.

Commissioner Black reported that he met with Chris from American Aggregate today, she gave him an entire set of aerial drawings and discussed the rock problem bought up by Mr. Roesner at the last meeting. She will look at the rocks and remove them if she feels they pose a danger. He commented the berm does show some erosion and will be seeded.

PC and ZBA Coordinator Comments: Coordinator Walkaus had a draft of a letter to RLM requesting their presence at the July 13^th Planning Commission meeting. Mr. Dunn and Ms. Walkaus spoke with Mr. Murphy who is the local manager of RLM and he is aware they have to reappear. Chairman Silvester will review the draft after the meeting.

The Township Board will be taking action at their June 27^th meeting to send the Oakwood Bluff rezoning vote issue back to the Planning Commission for reconsideration. Barb said she received a letter from the Village Manager of Oxford which Commissioner Bell interpreted it to say they are requesting to switch parcels of almost identical acreage, the proposed Oakwood Bluff parcel and the Village portion of Lakeshore Village. Commissioner Curtis noted that an article in this week’s Oxford Leader reported that an annexation by the Village of the Oakwood Bluff parcel would be costly. Supervisor Dunn will look to see if something can be worked out.

Coordinator Walkaus received a new one-page amendment (amendment #2) to the final site plan of Oxford Crossing. It will go to the Planner and the Engineer for review. They have placed a safety path on the outer edge of the 120 foot right-of-way which was discussed this afternoon at a meeting between Lee Liston of the Road Commission for Oakland County (RCOC), Shannon Parry, Planner Lopatin, Supervisor Dunn, Mike Darling, and Ms. Walkaus. Mr. Lopatin will discuss this further during his comment time.

Zoning Administrator Comments: Coordinator Walkaus had no comments from Mr. Darling who was not present.

Recording Secretary Comments: No comments, Recording Secretary Harrison was not present.

PUBLIC HEARING(S)

None

OLD BUSINESS

None

NEW BUSINESS

PROPERTY TRANSFER – From Winding Creek Estates (Site Condominium), Co-Owner: Jack Henry Burger, 1564 Seymour Lake Road, Oxford, MI 48371, Parcel # 04-20-400-034 TO: Carol Karwowski, 1640 Seymour Lake Road, Oxford, MI 48371, Parcel # 04-20-400-030.

Mr. Burger was present and stated he owns 9 acres of land on Seymour Lake Road known as Winding Creek Estates (a two unit condominium project) which has a private road running through it known as Oakwood Ridge. On one side of the road is approximately 2 acres of wetland which the homeowner on the corner would like to purchase to extend their backyard.

Coordinator Walkaus was briefed by Mr. Darling. Several letters from the Attorney and documentation from the last couple of years were included in the meeting packet. In one of the letters, the Attorney had issues about the ownership of the subject property which has been resolved (Attorney’s letter of June 7^th). According to the drawing and aerial submitted, it appears the homeowner purchasing the property (who is not one of the condominium owners) has a structure that crosses the lot line onto the wetland.

Planner Lopatin commented that it appears to him from the Attorney’s June 7^th letter that the remaining two issues are that the parcels resulting from this transfer of land meet the Township’s dimensional requirements and that they have appropriate frontage on either a public or an approved private road. It was noted that the private road gives access to land behind the said property and the purchasing homeowner’s driveway exits onto it which would probably mean it meets the dimensional requirements. He then asked if the private road was approved through a formal Township process? Mr. Burger replied, yes.

The Commissioners expressed concern if the wetland proposed for transfer was used to calculate open space or green space which awarded the ability to build the condominium project. Commissioner Fitchena would like to see the Master Deed to that effect, she does not remember seeing this project or the private road approval. There was discussion as to when the project was developed, the Master Deed was executed in 2000 and utility and survey plans where dated 8/24/2000. It was concurred that in the absence of Zoning Administrator Darling and more back-up information, the Commission can not act on this request tonight. It was suggested the condo documents provided for Planning Commission approval be located along with the private road approval. There was also some question as to who Carol Karwowski is, Mr. and Mrs. Hedlund are the homeowner’s names.

Black moved, Curtis seconded to postpone until the Zoning Administrator can be present to answer all and any questions.

Ayes: 9 Nays: 0 Absent: 0 Motion Carried

Chairman Silvester will contact Mr. Darling but also instructed Ms. Walkaus that Mr. Darling needs to attend the meeting when this goes back on the agenda and will contact Mr. Burger when that will be.

TOWNSHIP PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES

Planner Lopatin commented they have submitted a letter suggesting the Township consider having formal displays made of the official Zoning map, the official Future Land Use map, and the Greenways map. They have a cost estimate to have them professionally plotted and mounted of $380.00 and to have them laminated would be $450.00. Chairman Silvester will speak to Supervisor Dunn to see if this is within the budget, if so, will put it on the agenda for next month.

Mr. Lopatin reported on the meeting this afternoon noted above. The purpose of the meeting was to talk about the safety path issue in general and specifically the Oxford Crossing and RLM properties. The Road Commission’s position is that in the majority of instances where major County primary roads have an existing 66 foot or 33 foot half right-of-way, there is very little room (from their prospective) for a safety path considering everything else that has to go in there; drainage, utilities, etc. They did comment that it is not their intent to hinder the Township’s efforts to promote safety paths. They would prefer that safety paths be put in the future 60 foot half right-of-way that most of the County’s primaries are or will be.

Being that the meeting just took place this afternoon, Mr. Lopatin hasn’t had a chance to consider what the ramification are and what might have to change. Mr. Liston responded that the majority of other Townships in the County that have extensive safety path projects, the Township initiated the construction, funded by a millage, and done more comprehensively instead of on a single parcel basis which allows for better coordination of how the space is used. Also in most cases the Township’s are apparently securing easements outside the 33 foot right-of-way and placing them where they would go in the future 60 foot right-of-way.

Mr. Lopatin inquired about Oxford Crossing’s proposal to bury the culvert in the ground and the path to come out over it. Mr. Liston eluded that this is generally what their policy is, in instances where there is an engineering solution, they would be willing to work with the Township.

Mr. Liston has offered to come before the Planning Commission to talk about this issue. It was suggested this be planned for the meeting of July 27^th and that County Commissioner Bill Patterson be invited and Mr. Ferrari. There was also discussion whether Attorney Kaye should be there since he has been directed to rewrite Ordinance 117.

ADJOURNMENT

Bell moved, Black seconded to adjourn the meeting at approximately 8:40 pm.

Ayes: 9 Nays: 0 Absent: 0 Motion Carried

______________________________ ____________________________

Donald T. Silvester, Chairman Tom Lepping, Secretary

Date approved: 07/13/2006

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