001Okay, we'd like to call to order tonight's Charter Township of Oxford Planning Commission regular meeting Thursday, May 14th, 2026. We can start the meeting. Uh everybody rise and pay respects to our flag. Thank you very much. Moving on to number three, uh noting of the roll. Noted, there is a quorum. Moving on to number four, approval of tonight's agenda. Motion to approve the agenda. Second. We have a motion, we have a second, any discussion? All in favor? Aye. Any opposed? That carries. Number five, conflict of interest ex parte contact. Does anybody have anything they need to disclose before we continue? See none. Uh number six, approval of minutes 3/26/2026. So, motion to approve minutes for 3/26/2026 Planning Commission regular meeting minutes. I'll second. We have a motion, we have a second, any discussions or any
002changes to those minutes anybody noticed? See none. All in favor? Aye. Any opposed? That carries as well. Number seven, public comment for items not scheduled for public hearing or on tonight's agenda. Does anybody have anything they would like to bring up that's not on the agenda? Anyone? All right, moving on to number eight, public hearings, we have none. Nine, unfinished business, master deed, Sanctuary Hills, Oakland County Condominium Subdivision. Applicant, Clearview Homes LLC, 445 South Livernois, Suite 324, Rochester Hills, Michigan, 48307. We can start with you to bring us up to speed on what was unfinished. Sure. So, good evening, Mr. I'm Mike Loxley. I'm with Carlisle Wortman Associates. We are the planning consultants for the township. Uh so, this evening you have under unfinished business uh a master deed for Sanctuary Hills kind of got
003uh condominium document uh for your review and approval. Um and then we'll get to it as well under new business you have a similar situation. >> [clears throat] >> Um just to kind of explain the process before we go into it with these documents um is you have three primary consultants, legal, engineering, and planners, myself, who look at these documents prior to them coming to the planning commission. In the past we did we did do it where planners would have a report, legal would have a report, the engineers would have a report. And what we were finding is that the building department was getting three separate redlines back with three separate parties arguing about three separate things. So, maybe a year ago we kind of worked with the legal consultant and the engineer to say,
004"The way we want to do this is the the legal consultants take the first run and redline the documents, send it to planning and engineering, and then we kind of coordinate our redlines with them, and everything then gets sent back through legal and back up through the building department." So, in tonight's packet or not in the packet with the actual confidentiality, you have the legal review from the Kelly firm regarding to both documents, but those documents came to you as a culmination of both the feedback from engineering as to what they needed to see and planning what we needed to see. So, we can in the future, if you if the commission prefers it, provide the three separate reports. We found it from an from an internal process standpoint, running it all through legal. And
005then, so long as all three were satisfied, the legal's letter would basically let you know that everyone's happy. That's kind of That's for for purposes of understanding what you have in front of you this evening, that's kind of the way we've done it. Okay. Um that can be modified, that can be changed, but we'll talk a little bit later in the meeting about some process. The process of reviewing these documents that we might propose a change to anyways. Um so, that's just the overall picture of of how these documents got to this evening. That being said, the first one in front of you it actually relates to the Clearview Homes um development that is along East Drainer Road across from Camp Oakland. So, this project they actually got final site plan approval back in December
006of '23. Um I know some of the commissioners who were here this evening were not on the commission at that time. Um but it did receive final site plan approval. Um they did work through getting their permits. Um I know that they've had some land improvement permits for the land. They've They have uh cleared and are doing a lot of the surface or the grading for the property. Um they did intend to bring these documents to you in 2025, late 2025, um but there were some issues with the legal descriptions and the way that the lots were being described that needed to be cleared up, and that's what kind of held them up to this evening. So, it's kind of a long evening in the making, um but essentially the uh the condo documents for
007you in front of you this like to that property across from Camp Oakland. Um again, all three the engineering has reviewed the exhibit B's, has confirmed that they're good. Planning has reviewed it from the perspective of that project was an open space development, if you recall or some of you recall, where half of the site could be developed so long as the other half is preserved. Um so, we did go through these documents to make sure that that is that that is adhered to by the condo association once the developer turns the property over. And then, obviously, legal make sure that it conforms with all of the state laws and local laws that it relates to condo docs. Uh with that, if you have any other questions, our representative uh is from the Kelly Firm,
008and he may I would invite him up to introduce himself and again take any questions that you might have. And then the applicant is here as well. Okay. Does anybody have any questions for Mateo before Okay. I guess you're off the hook. Okay. Okay. Thank you, uh Mr. Chair. Thanks again, everybody. Uh Zach Lieberman on behalf of uh the Kelly Firm. I'm here Okay, I got to find that sweet spot. So, there is a letter in the packet. I Not sure if you guys reviewed it, but I'm basically going to just summarize our office's review of the Sanctuary Hills Condominium Association agreement. So, that agreement was reviewed in conjunction with the Charter Township zoning ordinance, particularly Article 13, which covers condominium development and open space requirements, um as well as the Michigan Condominium Act. And
009it was reviewed under Section 13.8 of the Condominium of the Township's zoning ordinance. And in that review, and your review respectfully, and under the zoning ordinance, um master deeds must satisfy specific requirements for uh the plan for planning commission approval. So, these requirements include adequate easements, descriptions, provisions to ensure ongoing maintenance responsibilities for road utilities, uh language requiring future amendments to come back before the planning commission uh for approval. So, if they amend that thing, they got to come back and get approval. Um an acknowledgement that the condominium project remains subject to the Township ordinances. Some special language in there that needs to be in there. Uh and provisions addressing the eventual transfer of developer responsibility to the condominium association. So, my colleague Brittany and I reviewed uh um the kind of it the master
010the master the the bylaws and conjunction with 13.8 as well as condominium Michigan Condominium Act. And um 13.8 prohibits the master deed provisions that would conflict with condominium the Condominium Act, violate the township, state, local, county, federal laws, impair public health, safety, and welfare, or impair the effective operation of the condominium association. That That being said, uh we evaluated compliance with the open space requirements as well as the bridge trail. Um that includes reviewing whether the proposed documents restrict the use of designated open spaces and and incorporated language requested by the township planner. Um based on our review, it's our opinion that the proposed master deed and bylaws substantially comply with applicable provisions of uh Article 13 and the Michigan Condominium Act. So, um we in our opinion the documents adequately address the require- our
011easements, maintenance obligations, all those things outlined in Section 3 of Article 13.8. And included in the packet is a draft uh proposed motion for you to read that I would advise you guys to you obviously speak and discuss whatever you want, but it's our opinion that this does satisfy all those requirements. And um if so, after your discussion, I that's the proposed motion you guys can read if you believe it does on your own, too. So. Okay. Okay. Thanks for the opportunity, everybody. Thank you. >> any questions, I'm also here. Perfect. Thank you. Any Any questions, sir? >> a question. So, [clears throat] other than the open space language, were there any other significant changes made to the document? And uh as opposed to when versus when versus when? Well, when he when he reviewed
012the document, there were obviously there were changes that were made to it when he got between the groups. So, other than the open space language, were there any other significant changes? >> I get Yeah, that's a good question. Brittany did was involved in that process so I wasn't there from the very beginning to the very end. So, that might be a more appropriate material question. Okay. Maybe Mr. Yeah. Um yeah, there was some conversation I would say more around terminology in that just ensuring that what's on the final site plan you guys approve is the same terminology used in the plan. Some of it is not word for word but based on conversation through the applicant and the attorney we we came to an understanding about how all that terminology is used and how the
013phasing is being done and things of that nature. Okay. But I would say nothing more than the normal redline back and forth. All right. Nothing else significant. Okay. And just out of curiosity and I don't think it really has any bearing on this, are they doing phase one, phase two and will there be any changes if there is different phases of this? As of excuse [clears throat] me. No, right now it's still proposed as phase one and phase two. Correct, Lisa? Okay. So, it's still phase one and phase two like you saw and really because of the the open space act I mean it's literally a 50/50 cut. So, there isn't any kind of room for development expansion in that project. Okay. And that that 50/50 development in your ordinance actually mimics state law. So,
014even amending is kind of a tough road to go down. Okay. Okay. Any more questions for Matteo? Seeing none. Okay. Okay. So, I I move to approve the master deed and bylaws of St. >> Hang on one second. >> Excuse me. Do we need to go through with petitioner or we good? I think Lisa prepared a packet worth of information to talk about. So, I If you have Just just if there's Yeah. I'll give you your We'll give you you your 15 minutes We just applied with all the Okay. Okay. Just to make sure there's no questions for her before we Okay, I guess we're good. All right then I again I will move to approve the master deed and bylaws of the Sanctuary Hills development and direct the developer of the project to record
015same in accordance with state law and township ordinances. I'll second. Okay, we have a motion, we have a second. Any discussion? Anything you still have questions or want to bring up? >> [clears throat] >> Seeing none here. Okay, can we get a roll call vote, please? Turner. Yes. Bailey. Yes. Dirth. Yes. Wagoner. Yes. Fosdick. Yes. Blankenship. Yes. Motion passes. Thank you very much. >> [clears throat] >> All right, with that we will move to new business. Great Pines Estate Amendment 3 to the consolidating master deed. Yeah, so for new business as relates to Great Pines, there is amendment proposed that was provided in the packet as it relates to the some of the units accessing certain roads and not accessing certain roads and modifying their amendments as such so that uh the way in which
016dues are collected um and used, people who aren't along the internal roads of the development who aren't using those roads aren't necessarily assessed dues for the payments of those roads. Um legal would have a stronger hand in this one, so I'm going to turn it over to Don, but I'll assist if needed along the way. Okay. Thanks. See, appreciate it, Dale. Okay. Good evening. Good evening, everybody again. Um Um, before the amendment, it's a proposed before the uh the board is a proposed third amendment to the consolidated master deed for Great Pines Estate. Uh this amendment concerns allocation of responsibility for private roads. Specifically, this amendment would modify section of the master deed to exclude certain units, units 1 through 4, from contributing towards the cost of private road maintenance, repair, replacement, and reserve funds
017reserve receipts. So, like as required in your uh zoning ordinance, any amendments need uh uh planning commission approval. Um that's why this is here. And this amendment, to explain kind of why it's it's coming about, um th- this amendment, the rationale presented is uh units 1 through 4 are directly on Seymour Lake Road, and that's a private that's a public road. And they don't utilize the condominiums' internal private roads for ingress and egress. So, from the township's perspective, um so essentially, what th- this amendment would do would exclude them from contributing towards the cost of private road maintenance when they're not on the private road, and they don't they wouldn't have a vote as to the private roads of the condominium association stuff because of where they're located, which is a public road. Um and
018essentially, for this amendment, our letter definitely emphasizes that the question is is just simply whether this amendment is is the important issue is not whether this amendment is fair between co-owners, which is a private matter, uh nor whether the condominium association proper could properly comply with its own internal uh requirements in bringing about about the amendment, but the review tonight is strictly under under the ordinance under article 13 uh subsection 8 13.8 of the township regarding review of condominium related matters tied to zoning and site functionality. Uh and that would be entail determining whether this amendment creates a zoning concern, municipal infrastructure concern, or whether it otherwise is otherwise interferes with the effective operation of the condominium project. So, from our review with respect to the substance of the amendment, this amendment does not eliminate
019the obligation to maintain private roads. So, taking these four units out of the condominium association will not jeopardize the association's ability to maintain its own private roads. Um it it just reallocates responsibility to the remaining uh units, and there's enough there to satisfy and maintain the private roads from our perspective. Um and that seems to be it unless you guys have any other questions. It's kind of a unique more unique circumstance. Okay. Fair down here? Who proposed this amendment? >> [clears throat] >> And that was my question. Yeah, I wasn't involved in this, and I thought He's He's here He's here to see you, Nate. Oh, great. Yeah. I thought I'm one of I can stand up here. Oh, yeah. I have assumed it was some of the four units were saying, "Hey, you know,
020we don't want to be part We don't pay We're not on a on private road. We're on a public road, and we don't want to pay these things." So, that was my question, but uh respectfully, I yield the floor. That's all right. Okay. Uh Andrew DeGroat, I'm one of the owners of two of the lots uh 1 through 4. Um when we purchased back in 20 18, um the HOA board took upon themselves to already exclude lots 1 through 4 from paying into the road reserve road maintenance. One member said that our bylaws did not allow that, so then they said that they hadn't followed bylaws. So, it went back to everyone paid equal shares. They said, "We have no issue if lots 1 through 4 would like to go through the legwork, do the
021work to write up the amendment. So, five six years later, here I am, finally got to it. Um I guess if there's any questions on the amendment, um I have 75% uh approval from the members. Um I think there was only two that told me no. And then the other ones I was not able to uh get contact with. Okay. Mr. Chair. Sure. I see the signatures that Mr. Frank sent on the uh Out of So, that's only two out of the whole development did not agree or did not did not agree, and then there's four I think four or five houses that I I knocked half a dozen times, no one ever came to the door, so Okay. I had my percentage. I wanted to ask everybody, even if they said no, like I
022wanted to give everybody the opportunity to voice their opposition or favor of of this. Okay. Thank you. Any other questions? Uh how much is this going to save you in the way of its expenses for road work? So, units one through four should save roughly about $200 a year per unit. Um that was the the the annual savings. Mhm. I'm looking at more when they come to repave the road in five years, eight years. That was more my concern. Paying, since I own two units, Sure. paying a lot of money for something I do not use to access my house. Okay. Any other questions? Okay. >> Thank you. Thank you. Okay. So, I will move to approve the third amendment to the consolidating master deed of Great Pines Estates subject to the understanding that the
023planning commission's approval is limited to township review under section 7 of the master deed and section 13.8 of the township zoning ordinance and does not determine whether the association properly adopted the amendment under its governing documents or applicable law. I'll second that. Okay. We have a motion, we have a second, any final discussion, questions? Is this is this a common thing to exclude homes like this in this situation? Do you know? Uh I would so I mean it's a novel I I mean it's novel from my perspective. I mean I I actually don't do a ton of condominium association work. I mean I've had some exposure to it but it's a no I've never come to this. It's a Okay. >> added it to It's interesting. >> Yeah, I thought it was. Two other lawyer
024firms, they read through our bylaws they said you guys are already excluded. So then we took it back to the HOA board and they said they took it to their attorney and their attorney said no you're not excluded. So instead of fighting lawyers back and forth I like Dueling attorneys. >> go this route and special everyone's going to >> [laughter] >> Okay. >> I I just my question would be is is it common to have four houses on a main road part of an association Well you're >> [clears throat] >> you're giving them ideas Corey. >> [laughter] >> There could be odd mixes like that in my review even where parts of condominium association parcels are owned by the state by the municipality you know that just that aren't even owned by the condominium association.
025I mean just cuz there's all there can there can't be weird configurations. Okay. >> Yeah. Okay. So this does not exclude you from membership That is correct. >> association. >> has to do with the the language in the road where we no longer pay for any maintenance, any road repairs, replacement, and then we don't get to vote on anything to do with that road. Okay. Okay. So, we have a motion, we have a second, any final discussion? Can we have a roll call vote, please? Turner? Yes. Wagner? Yes. >> Blankenship? Yes. Blostic? Yes. Bailey? Yes. Sturt? Yes. Motion passes. Thank you. All right. Number 11, communication and or committee reports. Do we have anything Um the only so ORC met today. Um we are continuing to work on some some larger ordinance language that the
026plan will be to bring kind of to do with this ordinance language like we did with mixed use and maybe use is to kind of come to you guys with an unofficial kind of drafted language on on these ordinance amendments and kind of solicit your feedback and then take the next step to prepare for a public hearing. I would anticipate that both that first [clears throat] look at those ordinance changes as well as the ORC's proposed 2016-2017 work plan will be in front of you at one of the June meetings. Okay. I Just as a side note, you may have noticed that the agenda is a little bit different than it's what it's been in the past and I know that you introduced yourself earlier, but Deborah Walton is now working in the Township of
027the Plain Department, a very happy addition. Um no one was happier than me cuz if I can't do the planning commission planning together, I would go to open up a window and never come back, but um Deb's been a great addition. She actually went through the bylaws and saw that this is actually how your agenda's called out to be laid out. Um, it works, it doesn't work. You guys can give us feedback, you know, I think bylaws are not the end of the world. You should stick by them cuz as long as you're consistent with the way you lay things out, it's not the end of the world to deviate a little bit. Um, but this is this is influenced by that. Um, I can update just looking at a few of the things. I
028can do any other updates under um, communication or commissioner comments, comments from building official and zoning so if you have any questions about this committee up report, I can go there but otherwise I can stay up here for the next thing, too. Yeah, next thing is the engineer report and uh, everybody we have it has in the packet. Right. Um, so yeah, we'll move 13. Okay. Um, one other thing I would put out there, too, is so for right, we just went through the exercise. We've we've done the second the second time now that we've done condominium docs with the planning commission. And one of the things that the ORC's considering or probably have on their work plan for you to review is there are a lot of other communities, not every community, but other
029communities that I work with make the the condominium document review and approval process um, possible administratively. It's not to say that those documents can't come before the planning commission or if there's something regarding those changes that would um, alter a site plan that you approved that that information would come back in front of back in front of you but if it's being reviewed and approved as a formality, not as a rubber stamp, they still have to get the approvals of the township, there are ways in which that information doesn't come to the planning commission. Um, I know you all couldn't wait to get here tonight. I know you all read this thing cuz condo docs in nauseam, um, >> [clears throat] >> but there is a way if the planning commission has an appetite for
030it for this to be reviewed and approved administratively. Um, but again, we can kind of going to about that more when you see the full bar seats, what the plan is. Okay. The only other update I would give is that last night the board graciously extended our contract another 3 years. So, you are stuck with me for another 3 years. But, I would say that I was very happy that we're, you know, going to continue our relationship. I do enjoy working with this commission. Um we've had we've had moments of from across the room that were, you know, just staring at the office and we've been able to laugh, too. This is not an easy gig. Planning commission is not easy. Being on these types of boards is not easy. But, I can tell you
031that I do enjoy working with this group. So, it's great to have you back and we'll be able to do that for another 3 years. So, thank you guys for all the hard work and that you put into this as well. Thank you. We appreciate the partnership. Okay. With that, we will take a motion for adjournment. Motion to adjourn. I'll second. All in favor? Aye. Any opposed? We are adjourned. Thank you. Thanks, guys.