A regular meeting of the Charter Township of Oxford Planning Commission held Thursday, July 13, 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 Wortman, Engineer Sharpe, Planning & Zoning Coordinator Walkaus, Recording Secretary Harrison, CATV Camerman, and approximately 19 visitors

 

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

 

RESPECTS TO THE FLAG

 

NOTING OF ROLL

 

APPROVAL OF AGENDA

Coordinator Walkaus clarified that item 9a. is two items, a Master Deed Amendment and a Revised Site Plan.

Black moved, Lepping seconded to approve the July 13, 2006 Agenda as presented.

                  Ayes:   8              Nays:  0            Absent: 1                 Motion Carried

 

APPROVAL OF THE MINUTES

Planning Commission Regular Meeting – June 22, 2006

Black moved, Berger seconded to approve the Planning Commission Regular Meeting Minutes of June 22, 2006 as presented.

                  Ayes:   8              Nays:  0            Absent:  1                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:  None

 

PC and ZBA Coordinator Comments:  Included in the electronic packet was the Planning Commission Log of meetings year-to-date, this will be updated and included the first of each month. 

 

The rock on the berm on Oxford Road (bought to the attention of the Planning Commission at the June 8th meeting) has been removed.  After further inspection by the mining operation manager, the other rocks have been marked for removal.

 

Flexible black piping has been placed across existing paths on the north side of the Koenig property due to increased trespassing and additional “No Trespassing” signs have been installed. 

 

The Village of Oxford will be holding a Public Hearing on July 18th regarding rezoning of the business district.

 

Zoning Administrator Comments:  On behalf of Zoning Administrator Darling, Coordinator Walkaus  had no comments.

 

Recording Secretary:  No comments

 

PUBLIC HEARING(S):  None

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Commissioner Fitchena arrived 7:38 pm

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OLD BUSINESS

MASTER DEED AMENDMENT – Hills of Oxford, Condominiums, REVISED SITE PLANS – Applicant Developer – Oxford Hills Development, LLC, 33493 West 14 Mile Road, Suite 80, Farmington Hills, MI  48331-1587 (PC 05/11/2006)

Tom Wujczyk, Hills of Oxford requests to “flip flop” the location of a 10-unit townhouse building with a 14-unit building.

Mr. Joe Ferrari , Treasurer of Oxford Township, inquired if parcel and lot number issues have been rectified.  Mr. Wujczyk replied, yes, and submitted documents to that effect.

Commissioner Roesner asked why the reason for the change and if the buildings are identical.  Mr. Wujczyk replied that it is a better location for the townhouse building and the footprints are the same, density will not change.

Rowe review dated 06/30/06 and Planner review dated 6/28/06 had no concerns.  Attorney’s review dated 6/30/06 noted the parcel number discrepancy (rectified as mentioned above with Oakland County) and that there were two prior Master Deed Amendments in 2005 that were handled administratively.  Chairman Silvester responded that such amendments require Planning Commission approval and clarified that this third Master Deed amendment includes the first two.

Black moved, Kucemba seconded to approve the amended Site Plan of Oxford Hills Development LLC dated 5/11/2006.

                  Ayes:   8              Nays:  1            Absent:  0                Motion Carried

Black moved, Curtis seconded to approve the third amendment of the Master Deed of the Hills of Oxford Condominiums.

Black amended, Curtis re-supported the motion to include the date of April 26, 2006.

                  Ayes:   8              Nays:  1            Absent:  0                Motion Carried

 

PRELIMINARY PUD – Oxford North Shopping Center (formerly known as JFK Investments) Development of Commercial Shopping Center – Parcel #04 22-200-004 – C-3 – Applicant:  J.R. Kosik, JFK Investment Co., LLC, 43252 Woodward Ave., Suite 210, Bloomfield Hills, MI  48302 (PAC 01/26/2006)

Mr. Kosik, owner, of JFK Investment stated that due to a possible zoning discrepancy of the southeast corner of the parcel, a PUD was recommended.  They are proposing a shopping and commercial center and presented a plan that encompassed the entire piece.  They have one firm tenant, Tractor Supply Company (TSC).  He commented that the consultant reviews were mostly technical issues and items that will be corrected on the next submittal.  The biggest concern are the three (3) proposed entrances onto M-24 and he explained why they need that access.  Another consultant concern was pedestrian traffic throughout the facility which a large pedestrian-way has been added running north and south (one will be added east/west once the entrance issue has been resolved).  The location of the safety path will be corrected, green space and open space has not been consolidated yet, and he addressed the Engineer’s retention pond comment.

Don Ketler, representing TSC, made a brief presentation about their company and answered questions and comments from the Commissioners.

There was Commissioner concern regarding the project meeting PUD eligibility criteria and what recognizable benefit there would be to Oxford Township.  Commissioner Bell inquired about sanitary sewer capacity, the Engineer’s letter noted that there were not enough REU’s allocated for this development.

 

There was a lengthy discussion on the proposed three (3) entrances.  Commissioner Fitchena recommended Mr. Kosik attend an upcoming meeting on July 25th at 10:00 am with the Road Commission, the M-24 Corridor Task Force, and other businesses along M-24.

Chairman Silvester directed the applicant to cover all the consultant concerns on their next submittal.  The Commissioners discussed tabling or postponing this issue until after the noted meeting on July 25th where the entrance issue could possibly be worked out.

Black moved, Roesner seconded to postpone.

                  Ayes:   9              Nays:  0            Absent:  0                Motion Carried

Discussion:  Commissioner Bell asked if a date or time limitation should have been included in the motion as was once discussed when postponing issues.  Chairman Silvester commented that his point was well taken.

 

FINAL SITE PLAN REVIEW – Parcel #04-26-353-025, 912 South Lapeer Road, Oxford, MI  48371, Applicant:  Paul A. Reasoner, 146 S. Washington St., Oxford, MI.  Proposed Use:  Law Office (PC 12/22/2005).

Paul Reasoner, owner, seeks Final Site Plan approval for the law office being remodeled at 912 South Lapeer Road.  He noted that changes were made, not to the site plan but to the drawings that were previously submitted and is requesting approval of those.

Mr. Reasoner’s builder clarified that there will only be one outdoor recessed light installed in the front porch canopy.  The Commissioners agreed they will not need a photometric grid.

Mr. Reasoner provided documents from the Township that showed the sewer was connected and inspected in 1973.  He commented that the safety path is on the plans and will be built and will install a Knox box as required by the Fire Department.  He contacted Oakland County regarding the well and their determination was it is a “Type 3 Non-Public Water Source” and has no further regulatory requirements.  Mr. Reasoner will provide a copy of the documents for the Planning Commission and Water & Sewer Department files.

Bell moved, Black seconded to approve the Final Site Plan known as parcel #04-26-353-025 commonly known as 912 South Lapeer Road for Mr. Paul A. Reasoner contingent upon the installation of a Knox box.

                  Ayes:   9              Nays:  0            Absent:  0                Motion Carried

 

AMENDED FINAL SITE PLAN REVIEW (2) – Oxford Crossing, Part of Parcel #04-22-200-008 (Outlot of Meijer on Ray Rd.) – Applicant:  Majio Koza, 31492 Glendale, Livonia, MI  48150 – SHOPPING CENTER – To reflect Ray Rd. 120’ ROW, Safety Path & Drainage (PC 06/08/2006)

Mr. Serra, the Architect, was present.  He noted the safety path has been added to the plans outside of the County’s right-of-way that exists now and added landscaping around the refuse area and the transformer.  There were no other consultant concerns.

Black moved, Bell seconded to approve the amended Final Site Plan of Oxford Crossing, part of parcel #04-22-200-008 (outlot of Meijer on Ray Road), applicant: Mr. Koza.

                  Ayes:   9              Nays:  0            Absent:  0                Motion Carried

 

DISCUSSION WITH APPLICANT – RLM Industries Inc. – Parcel #04-09-300-027 – Applicant:  Lou Verville, 100 Hummer Lake Road, Oxford, MI  48371, Ron Lamothe, 3500 Hosner, Oxford, MI  48371 – Regarding: Planning Commission Site Plan Approval with Contingencies 01/12/2006, Safety Path Waiver Request at Township Board Meeting 05/24/06, Additional Employees statements at Township Board Meeting 05/24/2006.

Mr. Wilson, Architect, represented RLM Industries.  Chairman Silvester noted he reviewed the DVD recording from the 5/24/2006 Township Board meeting.  At the beginning of their safety path waiver presentation, Attorney Duke, stated that “this is a benefit to Oxford Township as it will create 50 to 60 new jobs”.  The Commissioners pointed out the Site Plan was approved taking into consideration there would be no additional employees (PC meeting 07/14/05), if that is not the case, sewer/septic inspections would be required and parking and traffic flow would need to be addressed.  Mr. Wilson responded that they do not anticipate, because of this addition, any new employees and the addition is to store 9 to 10 thousand tools.  RLM’s Plant Manager, Marty, concurred that there will be no additional employees.

Mr. Edward Duke, RLM’s Attorney, explained his comments from the Board meeting.  He said he may have been incorrect when asserting that comment but wanted to demonstrate that RLM are good citizens and contribute to the tax and employment base in the area.

During discussion it was bought out that with the addition (which would be for storage), some of the manufacturing space would be increased inside the current structure.  Chairman Silvester referred to a July 2005 Carlisle Wortman letter that noted there are different parking requirements for manufacturing space and warehouse space.  Being that the Site Plan shows approximately 25 land banked spaces, they should have enough to cover this requirement and Mr. Wilson was directed to work it out.

The safety path waiver was discussed.  Mr. Wilson submitted documentation from Oakland County in which they made revisions to the drawings moving the path from the right-of-way.  Chairman Silvester read an affidavit from Mr. Pete, Permit Supervisor, Permits and Environmental Concerns Department Oakland County Road Commission, stating that construction of the path within the right-of-way would prevent the Road Commission from performing routine and/or necessary maintenance including ditching.  Being that the Road Commission will not allow them to construct the path, they went to the Board to request a waiver.  The Board’s recommendation was to send it back to the Planning Commission.

Mr. Bill McEntee, Director of Permits, Environment Concerns Department Oakland County Road Commission was present.  Chairman Silvester asked him how other communities put in safety paths and referenced Orion Township.  He responded that in most cases the paths are designed to fit the terrain.  In this case, there is a conflict with a ditch which is a site-specific concern.  It was asked if the path was narrowed from 8 feet, could it be put in?  His response was they would need to see a revised drawing showing grades and elevations.  Chairman Silvester directed Mr. Wilson to work with the County to come up with an acceptable sized path.  Planner Wortman noted that if the County approves a narrower path, the Township Board may still need to be addressed due to Ordinance and engineering standards.

Mr. Ferrari, Oxford Township Board Member, and Commissioner Black asked about contributing to the Safety Path Fund.  The Plant Manager replied that if they can not construct the path, they would not contribute to the fund and would again seek a waiver.

Commissioner Bell commented that he would like to see the project move forward so they do not lose the construction season, but stipulate they cannot acquire a temporary or permanent Certificate of Occupancy until the safety path issue has been resolved.  There was discussion on how this could be accomplished.

Silvester moved, Bell seconded to refer the RLM Industries site plan to the Building Department for continuation of engineering reviews and construction reviews while the applicant and the county Road Commission work out what type of safety path will fit in the road right-of-way.

Discussion:  Commissioner Bell asked about including a time frame and that they will not be able to occupy the addition under final or temporary C of O until that issue is solved.  Chairman Silvester added that once the safety path has been worked out, they will need to come back to the Planning Commission with a site plan amendment.

Silvester amended, Bell re-supported the motion to include no temporary Certificate of Occupancy or permanent Certificate of Occupancy for the warehouse addition will be granted until the site plan issue has been resolved and the Planning Commission approves an amended Site Plan.

                  Ayes:   9              Nays:  0            Absent:  0                Motion Carried

 

DISSCUSSION – Revised Draft Articles 7 & 8 (new)

7.4. A.(1) General Requirements – To last sentence, grass areas in non-residential areas can also be planted with conventional seeding.

 

7.5.C.(9) Prohibited Plant Species – It was decided to eliminate the list of prohibited species.  Commissioner Lepping suggested it read “plants considered nuisances or invasive that pose harmful effects on natural ecosystem shall not be used to satisfy the landscape requirement”.  Enforcing landscape requirements was discussed.  Planner Wortman suggested that before a Final Certificate of Compliance is issued, the Building Department inspects the site for things like parking spaces, lighting, trees and shrubs etc.

7.6.E(1) Timing of Installation –Include more clarification for Phased developments, what landscaping goes with each Phase, the whole exterior of the development should be done and the interior portions done per Phase.

 

No comments on Article 8

 

Discussion – Revised Draft Articles 1-6 & 9 (revised)

Chairman Silvester noted that basically Mr. Lopatin made sure that what has been done already and reviewed complies with the new Zoning Enabling Act.  The only thing updated was noticing requirements.

 

NEW BUSINESS - None

 

COMMUNICATIONS AND/OR COMMITTEE REPORTS

Violations Report

Chairman Silvester stated that any comments can be sent to him or directly to Mr. Darling.  Implementing fines on issues that aren’t resolved in a timely manner was discussed.

 

Sub Committee Reports

Acreage/Lot Split Sub Committee - There are two cases.  There will be a meeting on Monday, July 17th at 8:00 am.

 

Gravel Inspection Sub Committee – Nothing to report.

 

Ordinance Review Sub Committee –Committee Member Silvester reported there was a meeting Monday and they got through Articles 10, 11, & 12.

 

Reports from Representatives to Other Township Boards/Committees

Highway Roads Committee – There is a meeting July 25th at 10:00 am.  Committee Member Fitchena reported the last meeting regarding the M-24 corridor was very informative.

 

Professional Services Committee – Committee Member Bell noted the Planner questionnaire responses were favorable for Carlisle Wortman and everyone was satisfied with the service.  The Attorney questionnaire has just been received and a meeting scheduled for Tuesday, July 18th at 6:00 pm to review them.

 

Safety Path Committee – No meeting has been scheduled.

 

Water and Sewer Committee – Committee Member Roesner reported that there is a sub-committee reviewing REU calculations and asked if anyone had suggestions to let her know. 

 

The fact that Boulder Pointe’s eastside course does not have a site plan on file was discussed at the last meeting due to negotiations that will be going on with that site.  It was recommended that one be obtained.

 

Commissioner Fitchena noted that the Lake Villa well transfer was approved at last night’s Board meeting.

 

ZBA – July’s meeting was cancelled.

 

TOWNSHIP PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES – Nothing to report.

BILLS

Carlisle Wortman Invoice 26700 dated 7/1/06 for the period ending 6/30/06 in the amount of $2,435.00.

Black moved, Bell seconded to approve Carlisle Wortman Invoice 26700 dated 7/1/06 for the period ending 6/30/06 in the amount of $2,435.00.

Discussion:  The two amounts not included in the approval will be paid from a T&A account.

Roll Call Vote:

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

                  Nays:  0

                  Absent:  0

                  Motion Carried

 

Carlisle Wortman Invoice 26702 dated 7/1/06 for the period ending 6/30/06 in the amount of $1,130.00.

Black moved, Kucemba seconded to approve Carlisle Wortman Invoice 26702 dated 7/1/06 for the period ending 6/30/06 in the amount of $1,130.00.

Roll Call Vote:

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

                  Nays:  0

                  Absent:  0

                  Motion Carried

 

ADJOURNMENT

Black moved, Roesner seconded to adjourn the meeting at 10:26 pm.

                  Ayes:  9               Nays:  0            Absent:  0                Motion Carried

 

 

 

 

 

______________________________                                        ____________________________

Donald T. Silvester, Chairman                                                        Tom Lepping, Secretary

 

 

Date approved:  07/27/2006

 

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