A
regular meeting of the Charter Township of Oxford Planning Commission held
Members Present:
Members Absent: Black,
Roesner
Also Present: Planner Wortman, Planning & Zoning Coordinator
Walkaus, Recording Secretary Harrison, Cameraman, approximately 16 visitors
The
meeting was called to order by Chairman Silvester at
RESPECTS
TO THE FLAG
NOTING
OF ROLL
APPROVAL
OF AGENDA
Fitchena moved, Kucemba seconded to approve the
Ayes: 7 Nays: 0 Absent:
2 Motion
Carried
APPROVAL OF
THE MINUTES
Planning Commission Regular Meeting –
Fitchena moved, Kucemba seconded
to approve the Planning Commission Regular Meeting Minutes of
Ayes: 7 Nays: 0 Absent: 2 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
Fitchena commented a citizen at last night’s Board meeting asked the Board to
take action on adopting the State’s dog leash law. The woman has been attacked by a problem dog
in her neighborhood several times, Supervisor Dunn will take her complaint to
the Attorney as the current Ordinance reads.
Ms. Fitchena stated this is something the Township really needs to look
at.
Commissioner
Curtis noted that a waterline for the water system loop may be encroaching on a
deed restricted undisturbed greenbelt near his home. This was per a conversation he had with
someone surveying the area. He asked
Commissioner Fitchena to make the Board aware of his and the other homeowners’
concern. Ms. Fitchena responded that
she will inform Mr. Christopher of this and suggested a meeting between him and
the homeowners. She added that Mr.
Christopher has been very cooperative regarding this transition.
Commissioner Lepping reported that the missing trees
have been planted at the Rite Aid store.
PC and ZBA Coordinator Comments: Regarding East
Market Street landscaping, Mr. Lax has agreed to plant 3½” calipher trees to
make up for the loss of two growing seasons.
At an earlier meeting, he was directed to have landscaping in by the end
of this month. There was an issue about
lining the trees up with the anticipated crossovers. Chairman Silvester directed Barb to inform
Mr. Lax that if there is any deviation from the approved site plan, a site plan
amendment will be required.
Coordinator
Walkaus had a conversation with Mr. Harvey of PEA (the company that did the
Roads Master Plan) regarding an inquiry about how many items on the Master Plan
and Roads Master Plan have been accomplished.
She reported they were pleased to find that some projects have been
completed or are in process already.
Ms. Walkaus
noted the
The Township
offices will be moving to the new building on
There will be a
Public Hearing in the Village for their Zoning Map and text amendments on
September 19th.
In the
Commissioner’s mail is a letter from OCDC regarding an October 4th meeting of
the Clinton River Watershed stakeholders.
Treasurer Ferrari informed Barb that amendments to the
Water & Sewer Ordinance are proceeding.
A date has been set to discuss water project payments for September 20th. Originally that was the date for the budget
workshop, as of yet that has not been rescheduled.
Zoning
Administrator Comments:
Coordinator Walkaus commented that Administrator Darling provided paperwork for an item on the Agenda. Per Ms. Walkaus, Mr. Darling had no other comments.
PUBLIC
HEARING(S)
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
(Applicants: The Douglas Company, 1716 Perrysburg-Holland Road, Holland,
Ohio 43528, Matt Phlabaum and David A.
Weckle, 75 Burdick Woods Court, Oxford, MI
48371 Tabled from 02/21/2004, 01/13/2005,
01/27/2005, 06/08/2006
OPEN PUBLIC HEARING
Berger moved,
Ayes: 7 Nays: 0 Absent: 2 Motion
Carried
Matt Phlabaum, representing
the Douglas Company made a presentation seeking Final Site Plan approval for a
36 unit, 60,000 sq. ft. senior citizen housing project. He presented an artist’s rendering of the
building and parking lot layout and landscaping. He noted that carports have been reduced to 6
from the original proposal.
There were no
public comments.
Curtis moved,
Ayes: 7 Nays: 0 Absent: 2 Motion
Carried
Commissioner Berger
inquired about the “gap” referred to in the Attorney’s review letter. Mr.
Phlabaum responded that was a result of when the parcels were originally mapped
and they would be willing to split the land with the adjoining owner and more
define the property line. He clarified they
comply with the side yard setback because it is based on the property line of
record.
Commissioner
It was noted
there are 3 separate sidwell numbers for the parcels being used for the
project. Mr. Phlabaum agreed to combine
the 3 parcels. The final site plan can
still be approved adding this as a condition and then handled administratively.
Planner’s review
revision dated
Rowe Engineering’s
review dated
Sheriff’s
review – There were no comments.
Attorney
Rentrop & Morrison, review dated 9/1/06 – The “gap” concern was
covered. Regarding medical waste – Mr. Phlabaum responded that typically it is
handled by independent companies that come in and do patient testing and
medication distribution but they will also provide biomedical specific labeled
containers. The Commissioners agreed
that a passing lane on
Parks & Rec
review dated
Fire Department’s
review dated
OCDC’s review –
Concerns will be addressed during construction review.
Berger moved, Lepping seconded to approve the Final
Site Plan for Bellina Pines – proposed senior citizens housing project in the
RM (Residential-Multiple Family) zoned district on
Discussion – It was agreed to add that the applicant
choose to decline item 6 of the Planner’s review, to use cultured stone on
carports; to include the condition of combining the parcels; and to note the
conditions are based on drawings date received 7/31/06.
Berger amended
the motion, Berger re-supported to include that the Petitioner declined to
satisfy note #6 of the Carlisle Wortman review dated 8/29/06, that all three
parcels must be combined, and it is stated all conditions are based on the
drawings that were date received on 7/31/06.
Ayes: 7 Nays: 0 Absent: 2 Motion
Carried
OLD BUSINESS
REQUEST FOR EXTENSION of SPECIAL LAND
USE / APPLICATION FOR BUILDING PERMITS– Until April 15, 2007 (6 months – 180
days) 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 (Applicants: The Douglas Company, 1716
Perrysburg-Holland Road, Holland, Ohio
43528, Matt Phlabaum and David A. Weckle, 75 Burdick Woods Court,
Oxford, MI 48371 SPECIAL LAND USE -
Approved 08/22/2002, Extension approved 02/12/2004, 03/23/2006, Postponed from
08/10/2006.
Planner Wortman explained that technically since the applicant
has applied for building permits, the Special Land Use has already been
extended, but recommended, for clarification, the Commission consider the
extension.
Silvester moved, Fitchena seconded to extend the
Special Land Use for Bellina Pines until April 15, 2007 reaffirming the
Findings of Fact on the original approval dated August 22, 2002 with the
extensions of approved February 12, 2004, March 23, 2006.
Ayes: Berger, Curtis, Fitchena, Kucemba, Lepping,
Silvester
Nays:
Absent: Black, Roesner
Motion
Carried
CONDOMINIUM
SITE PLAN REVIEW (2) – Cherry Ridge – a single family site condominium with
five (5) units on 10.01 acres located on the south side of Drahner Road between
Coats & Sanders Road – Applicant: Cherry Ridge Land Dev. LC, Judith
Fulkerson, 2711 W. Drahner, Oxford, MI
48371 – From PSF 03/09/2006
Jim Scharl,
Kieft Engineering, made the presentation.
He explained there was some confusion with the proper procedure for this
project. On
Commissioner Curtis
inquired if the parcel had one sidwell number since there is an existing home
that will remain but will not be part of the condominium project. He noted that the safety path is shown only on
the condominium portion and if it is one parcel, being that work will be done
in the area of the home, the safety path should be constructed on the entire
piece giving it uniformity. Mr. Scharl responded that at this time there
is only one sidwell number. Since their
application is only for the condominiums, they are not required to put the
safety path across the home frontage.
When asked if they would consider doing this, Mr. Scharl replied it would be costly because of the dense woods. It was not the consensus of the Commissioners
that a safety path should be placed on the entire site.
There was
discussion on the OCRC’s revision of the site distance from 250 feet to 500
feet due to the upcoming increase in speed limit. Commissioner Curtis was concerned about the
condominium owners pulling out with the increased speed limit. Mr.
Scharl said he submitted plans to the Road Commission showing exactly what will
need to be done to achieve this, they have indicated they will work with them
on this.
Chairman
Silvester asked if there was response to Rentrop & Morrison’s letter of
Commissioner
Fitchena reminded the Commission about neighbor complaints and the illegal work
that took place on the site which the MDEQ had to be brought in on. She inquired why there weren’t any citizens
there tonight. Mr. Scharl apologized for the contractor who began clearing the
property illegally and the Owner has paid a fine and acquired the proper MDEQ
permit. It was noted it was not
required to send out notices of tonight’s meeting because this issue was not a
Public Hearing.
Since there
were no landscape plans provided, Chairman Silvester asked the Commissioners if
they were comfortable making that a contingency? Mr.
Scharl replied they will work with
Berger moved, Kucemba seconded to approve the
Condominium Site Plan of Cherry Ridge – a single family site condominium with
five (5) units on 10.01 acres located on the south side of Drahner Road between
Coats and Sanders Road with the following conditions: 1) the private road
ingress/egress has approval from the Oakland County Road Commission; 2) due to
the fact an MDEQ wetland permit has been obtained, any other engineering
approvals necessary pertaining to the requirements of Rowe’s letter dated
8/11/06 are met; and
3) details of any proposed landscaping shall be submitted and acceptable to the
Planner, Carlisle Wortman.
Discussion – No
further comments
Ayes:
Nays: Fitchena, Lepping
Absent: Black, Roesner
Motion
Carried
DISCUSSION
WITH
Steven Shefman,
the applicant’s Attorney, asked for clarification on the purpose of the
discussion. He noted they have
substantially completed construction and have a Temporary Certificate of
Occupancy. Chairman Silvester replied there were some concerns brought up at the
8/24/06 meeting - one being there were several plumbing violations. Mr. Shefman noted that should be an
enforcement concern and the Owner of the building (who did not identify himself)
said that he had all permits.
Commissioner
Bell explained the site plan was approved as a multi-tenant building not
knowing what was going to occupy it. Now
that it will be an automobile repair facility, outdoor storage would require additional
screening. The tenant was asked how long
might a damaged vehicle be there. The tenant responded they plan on keeping
heavily damaged vehicles inside and possibly a couple dented ones outside but
not for any length of time.
Commissioner Fitchena
asked about recycling oil and transmission fluids. The
tenant said they will have an OSHA approved recycling machine for the paint booth
but any leaking fluids from damaged cars would be minimal, most would be lost
at the scene of the accident and on the way to the shop.
Chairman Silvester thanked them for attending and
providing clarification on the above concerns.
After the above attendees left, Commissioner Bell
inquired why a Temporary Certificate of Occupancy had been issued the day of
this meeting after specifying at the last meeting that one not be issued until
the above concerns had been discussed.
Chairman Silvester directed him to write a letter to Supervisor Dunn
with copies to Mr. Darling and himself.
The majority of the Commissioners were in agreement with Mr. Bell. Chairman
Silvester commented that he would like to have the Building Official at all
these meetings from this point forward and asked that he be put on the next
Agenda to report on the Multi-Tenant issue.
NEW BUSINESS –
None
COMMUNICATIONS
AND/OR COMMITTEE REPORTS
Violations
Report
Violation Report dated
Sub Committee Reports
Acreage/Lot
Gravel Inspection Sub Committee – Committee Member Curtis had nothing to report.
Ordinance Review Sub Committee – Committee Member Silvester reported that all of the
new ordinance has been written. Articles
15 through 18 will be presented at the next Township Board and Planning
Commission meetings. At the October
meeting, which will be the last one for any new material, will be Articles 12
and 13.
Reports from Representatives to Other Township
Boards/Committees
Highway/Roads Committee – Committee Member Fitchena commented she has been
attending the M-24 Task Force meetings.
They are trying to reduce the number of curb cuts onto M-24 and would
like to see a safety path on both sides.
Coordinator Walkaus noted there is
a meeting tomorrow and a public meeting in
Professional Services Committee – Committee Member Bell reported that the Committee
has been dissolved.
Safety Path Committee – Committee Member Fitchena commended Coordinator
Walkaus on her efforts to collect monies from developers who agreed to contribute
to the fund in lieu of construction. The
money in the fund has already doubled. Cost
is determined on a per site analysis. It
was noted there is a meeting scheduled for September 28th at
Water and Sewer Committee – Coordinator Walkaus noted the 9/7/06 meeting was
canceled. Applicant Aragona, who was
scheduled to appear at that meeting asked to reschedule and will be on the
9/21/06 Agenda.
ZBA – Coordinator
Walkaus reported that the September’s meeting was canceled.
TOWNSHIP
PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES
Planner Wortman noted they have seen a proliferation
or requests for private waste water treatment plants. These are regulated by the DEQ or County
Health Department. The ORC may want to
develop regulations into the Zoning Ordinance regarding these. One option would be as a Special Use.
BILLS
Giffels-Webster
Invoice 91833 dated
Chairman
Silvester asked if Engineer Sharpe’s attendance at ORSC meetings is in the
contract. The response was no, only the one monthly Township Board meeting and
the 2 monthly Planning Commission meetings, all other task force meetings are
billable.
Roll Call Vote:
Ayes:
Nays: 0
Absent: Black, Roesner
Motion
Carried
Roll Call Vote:
Ayes:
Nays: 0
Absent: Black, Roesner
Motion
Carried
Roll Call Vote:
Ayes:
Nays: 0
Absent: Black, Roesner
Motion
Carried
Chairman Silvester noted the Previously Invoiced
amount, which is for basically all the Articles, which indicates they are under
budget. He commended Carlisle Wortman
for their work on this. Mr. Wortman
thanked the Committee Members for their attendance at Board meetings.
ADJOURNMENT
Ayes: 7 Nays: 0 Absent: 2 Motion
Carried
______________________________ ____________________________
Donald T. Silvester, Chairman Tom Lepping,
Secretary
Date approved: 09/28/2006
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