A Regular Meeting
of the Charter Township of Oxford Planning Commission held
September 28, 2006
Members Present:
Members Absent: Black, Roesner
Also Present: Planner Lopatin,
Engineer Sharpe, Planning & Zoning Coordinator Walkaus, Recording Secretary
Harrison, and approximately 6 visitors
The meeting
was called to order by Chairman Silvester at
RESPECTS
TO THE FLAG
NOTING OF THE
ROLL
APPROVAL OF AGENDA
Curtis moved, Fitchena seconded
to approve the
Ayes: 7 Nays: 0 Absent:
2 Motion
Carried
APPROVAL
OF THE MINUTES
Planning
Commission Regular Meeting –
Berger moved, Curtis seconded to
approve the Planning Commission Regular Meeting Minutes of
Ayes: 7 Nays: 0 Absent: 2 Motion
Carried
AUDIENCE COMMENTS ON ITEMS NOT SCHEDULED
FOR PUBLIC HEARING OR ON AGENDA
Buck Cryderman, 28f55
COMMISSIONERS’
COMMENTS, INFORMATION FROM ZONING ADMINISTRATOR AND COORDINATOR
Commissioners’
Comments: Commissioner Curtis
commented that some electronic files are illegible, namely the ones marked “Label
Service Oakland County Enterprise”. Barb
explained that some files do not scan well.
PC and
ZBA Coordinator Comments: The
Township Offices moved over the weekend to the new building. Ms. Walkaus spoke to Michelle Morgan of
Oakland County Health Division, she is now the representative for
Zoning
Administrator Comments: Per
Coordinator Walkaus, Administrator Darling had no comments. Chairman Silvester, after reviewing the
Agenda, excused him from tonight’s meeting.
Recording
Secretary Comments: Commissioner
Roesner called in her absence and will be out of service until October 16th
due to health issues.
OLD
BUSINESS - None
NEW
BUSINESS
DETERMINATION – Amendment of Approved Site
Plan – Proposed Removal of Planter Boxes – Applicant: Oxford Free Methodist Church, 790 S. Lapeer
Rd., P.O. Box 63, Oxford, MI 48371
(04/1989)
Doug
Van Doran, Chairman of the Trustees of the
The Commissioners discussed this request and
how it would affect Ordinance requirements.
They determined to approve the applicant’s request but in doing so, they
need to add trees along Glaspie to break up the “sea of asphalt”. Commissioner
Lepping suggested that if traffic control becomes a problem, moveable above
ground concrete planters could be used.
It was agreed the applicant would not be required to provide an amended
site plan, conditions would be set forth in writing on the drawings on hand
tonight and signed by the Commissioners.
Discussion:
Planner Lopatin commented the Commission needs to “approve” not
“recommend for approval” the request. Also,
since there is not an actual amended site plan, the size or nature of the new trees
should be specified; and that the resulting dimensions of the parking lot,
spaces, aisles, and circulation meet the Township’s Ordinance -- the applicant
implied they would like to make the space into regular parking. Commissioner
Bell clarified that the areas be re-stripped with hash marks making them
painted islands.
Bell
amended and restated the motion, Curtis re-supported to approve this amended
site plan date stamped Received 8/23/06 amended 9/28/06 with the following
conditions: a) remove the four traffic
islands, b) repave the traffic islands and re-stripe as islands, c) locate four
new trees along Glaspie which must meet the 2½” caliper or the 6’ evergreen
requirement, and d) all parking lot Ordinance dimensions must be met.
Ayes: 7 Nays: 0 Absent: 2 Motion
Carried
PRE-APPLICATION CONFERENCE (3) – Proposed
Gas Mart and Leased Space – 1225 S. Lapeer Road, Oxford, MI 48371 – Applicant: Weesha Investments, LLC (Joseph Saigh) 1010 S.
Lapeer Rd., Oxford, MI 48371 (from
02/24/2005 – same property, different plan, 05/11/2006 – same property,
different plan)
Joseph
Saigh, the applicant, was present. He
noted that since his last appearance, he changed architects to one that specializes
more in gas stations. He submitted three
options. After clarification, it was
noted that Option three is the same one that was presented on 05/11/06 adding a
walkway on the east side rear of the building.
Options 1 and 2 are similar except Option 1 shows building movement and
a larger space between the two driveways.
He noted some of the difficulties with this site -- the unique size, the
large M-24 right-of-way, and the reluctance of the adjacent property owner to
sell any of the old railroad bed. He is
seeking input from the Commission as to which option he should proceed with. He noted that both Options 1 & 2 would
need variances.
The
Commissioners discussed the need for variances and the two proposed curb-cuts, and
they would like to see only one curb-cut.
Mr. Kobessi, the Architect, responded that a design could be worked out
to fit the size of the property without needing any variances; but given the
length and radius of the property lines, to put in the elements Mr. Saigh
wants, two variances will be needed.
Mr.
Saigh replied that in today’s industry, in order to make a gas selling business
profitable and functional, it needs to have a convenience store with several
offerings. In regards to the curb cuts,
he commented he attended a recent M-24 Task Force meeting and spoke to an MDOT
representative who implied they would be willing to work with him on the
proposed curb cuts. Commissioner Fitchena also attended that meeting and disagreed with Mr.
Saigh’s comments. Mr. Saigh
responded it is his opinion that Commissioner Fitchena has personal issues with
him and would like her seat replaced when it comes to any future projects he is
dealing with. Chairman Silvester stated that Ms. Fitchena is a member of the Planning
Commission and is tasked to enforce the Ordinance.
Commissioner
Bell commented that if and when this comes back as a site plan, he wants to see
truck turning radiuses and the unloading space for trucks that will be
servicing the retail buildings.
Commissioner
Curtis suggested they come up with a plan that better fits the site and that
would not require any variances.
Chairman
Silvester noted they have more parking spaces than required. He would like to see some of those taken out
of the setbacks and more green space.
Planner
Lopatin reminded Mr. Saigh that this is a non-binding pre-application
conference only and wanted to make him aware that when he applies for actual
site plan approval, there could be many other issues and concerns bought forth by
the Planning Commission and the Consultants especially given the trickiness of
the site.
In summation, Chairman Silvester noted it is
the consensus of the Commissioners they would like to see one entrance/exit
(although this is an issue Mr. Saigh will have to take up with MDOT) and there
is too much being put on the space. In
regards to the three Options, Option 1 is preferred where there is more space
between the entrances. He directed Mr.
Saigh to submit a site plan for approval and if any variances are needed, they
will have to deny the site plan so that it can go before the ZBA for action.
PRE-APPLICATION CONFERENCE – Proposed
Multi-Use Commercial (Mantex property) 1800 Metamora Rd. – Applicant: Balt Properties LLC (Les Thomas and Brian
Auston) 276f5 Metamora Rd., Oxford, MI
48371
Jim
Wilson, the Architect, and Les Thomas, the Owner, were present. This plan was originally bought before the
Commission a couple of years ago and they were directed to come back after a
long range plan had been formulated. The
plan is basically the same except the buildings have been reshaped. They still propose to work the numerous
pieces of property together into one development. There are two existing buildings and two new
ones proposed. The Owner would occupy
the middle building and a sit-down breakfast type restaurant with a possible
drive-thru is suggested for the north building.
There are four parcels involved. They
are seeking direction on how to proceed from here.
Planner
Lopatin clarified that the current zoning of the site is M-1 and the Master Plan’s
designation is Commercial. To proceed
with this project either a straight
re-zoning to a conventional commercial district and possible Special Land Use
has to happen to allow for the proposed uses or they could seek a PUD. With a PUD, both the zoning and the design
elements would be considered concurrently pursuant to Article three4. Given the irregular configuration of the
property and the presence of pre-existing buildings, the PUD might be the
desirable route. He explained that a PUD
allows design flexibility as long as the process standards are met – benefit to
the community in terms of design and other aspects can be demonstrated. A re-zoning followed by a site plan is more
straight- forward one, but there could be unforeseen challenges due to the
shape and arrangement of the property and the pre-existing buildings.
Chairman
Silvester questioned the zoning of the small parcel to the south, as it doesn’t
appear to have a classification. This
will be discussed at Monday night’s meeting.
Commissioner
Berger’s opinion was that a straight rezoning, making the uses work accordingly
for that zoning, and then a site plan would be the best way to go as this
project may difficult to pursue as a PUD.
Fitchena
recommended a service drive for the tenants rather than adding additional curb
cuts (there are two proposed onto M-24).
This has been the recommendation of the M-24 Task Force. Mr. Wilson
said this is something they will be looking into.
Chairman
Silvester directed Mr. Wilson to read Article three4 (the PUD). He reviewed the two options presented by Mr.
Lopatin earlier along with the re-combination of the lots. It is his opinion that the PUD would be the
easiest way to go.
Mr. Wilson asked for any specific comments to
the types of tenants that could be there.
Planner Lopatin responded that
would be one limitation if he chose a re-zoning. They would have to look closely at that to
make sure they would not be “zoning out” existing tenants. A PUD provides specifically for mixing uses
and the flexible application of zoning provisions.
PROPOSED AMENDMENT TO PLANNING COMMISSION
BYLAWS – to amend Section 2.1(i) (Terms of Office)
Discussion
regarding who maintains the Bylaws. Planner
Lopatin didn’t believe they do, but will coordinate with Ms. Walkaus.
Commissioner
Fitchena submitted a letter dated September 19, 2006 requesting the Bylaws be
changed from a three year consecutive term limit to a five year consecutive term
limit for Officers. She commented in her
letter and at the meeting that the first two years of a Chairperson’s term gets
them adjusted, educated, and experienced, extending that term limit to five
years will allow them to use that knowledge for the benefit of the community
and the Commission. She commended
Chairman Silvester for his service and that the Commission has functioned very
well under his direction. She would like
to see him as Chairman for two more years and by that time some of the newer
Commissioners would be ready for the position.
Commissioner
Bell commented that he supports Commissioner Fitchena’s request. He wanted it noted that the issue is specifically
Officer appointments, and not anyone officer in particular. He clarified that the issue is an Officer is
allowed to stay in that job for three consecutive years and we are talking
about extending that to five consecutive years.
Fitchena moved, Curtis seconded to amend the
By-laws, Section 2.1 ( i ) to read five consecutive terms instead of three.
Roll Call Vote:
Ayes: Berger, Curtis, Fitchena, Kucemba, Lepping
Nays:
Absent: Black, Roesner
Motion
Carried
Commissioner Fitchena asked to make a
statement before going on to item 11.
She responded to Mr. Saigh’s comments.
She stated that she has been a Planning Commissioner for 25 years and
does not treat anyone any differently in the community, and that everyone has
to follow the rules. She has never shown
favoritism or expressed disgust in what they do.
Commissioner Lepping asked if there has been
anymore discussion on an underground wiring Ordinance. Chairman Silvester said they will add this to
Commissioner Comments for Monday’s meeting of the Ordinance Review
Sub-Committee.
Engineer Sharpe commented that sections of the
safety path have been installed and/or repaired on
TOWNSHIP
PLANNER’S REPORT – CARLISLE/WORTMAN ASSOCIATES
Planner Lopatin asked who would be attending
the Planning Conference in Detroit meaning they would be absent at the next
Planning Commission meeting, he will be at the Commission meeting and Mr. Wortman
will be at the conference. It was
concluded there will be a quorum at the next meeting.
ADJOURNMENT
Ayes: 6 Nays: 1 Absent: 2 Motion
Carried
______________________________ ____________________________
Donald T. Silvester, Chairman Tom Lepping,
Secretary
Date approved: 10/26/2006
lmh