001Yep. We're here. >> I'd like to call to order tonight's Charter Township of Oxford Planning Commission regular meeting, Thursday, January 22nd, 2026. Um we'll start in a second with uh standing and paying respect for the flag. But what I'm asking before is when everybody stands just for take a quick moment of silence. Uh many of you know we lost uh a very key person to this committee uh and township uh Cheryl. So, if we could uh just take a a moment of silence and then uh we'll uh do the respects for the flag. Thank you. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Thank you for both. Um, number three, can we note the
002role? >> Noted. There is a quorum. >> Okay. Uh, moving on to number four, approval of tonight's agenda. >> Move to approve tonight's agenda. >> Second. >> We have a motion. We have a second. Any discussion or anything needs to be brought up for this? >> Seeing none, all in favor? >> I. >> Any opposed? Seeing none, the motion carries. Uh, item number five, conflict of interest, exparte contact. Does anybody have anything they need to share in regards to this? Seeing none, uh, number six, moving to approval of minutes, planning commission regular meeting December 11th, 2025. >> So move to approve minutes planning commission regular meeting December 11th, 2025. >> Okay, we have a motion. We have a second. Any discussion or things that need to be changed in the minutes? Seeing none, uh, all
003in favor? >> I. >> Any opposed? Motion carries. Move on to number eight. Uh, commissioner's comments. Does anybody have anything they need to bring up? Like to bring up? >> Skip public comments. >> We did skip public comments. We'll go back to number seven. public comments on items not scheduled on this agenda. Seeing none, we will move to number eight, commissioner's comments. Anybody have anything? All right. Seeing none, uh nine, unfinished business, review and approval, denial of the peninsula of Tore, the villages of Tullmore residential planned unit development, master deeds and bylaws. Good evening, commissioners. Matt, associates with the consultants for the township. Uh before we get going tonight, um you know, we just CWA office system township and it staff as it relates to the loss of Cheryl. We had the pleasure of working
004with her on a daily basis and it was a pleasure. She was a huge asset and a massive level of support for us here. So, she is sorely missed our thoughts. Um, on a lighter note, I would say um with me tonight is Benny Bono. He's a new hireer at the company. He's going to be assisting me here in Oxford. So, in the coming months, you'll see Benny here and there with office hours. Might even wolves in front of you guys for a site plan or two, but he is working with the company. He's been up here today meeting everybody, kind of simulating his work. So, I'm looking forward to bringing Benny on. He's a sharp I said 43 there are now people like me that I have to say. So this is a mentioned
005informally as we started the meeting. Uh so with that uh yeah the only item to discuss tonight is review of the village of Telour and peninsula master and bylaws. included in your packet um confidential not included in your packet but confidentially provided to you was the memo from the attorney who kind of sums up the process under which the planning commission review these documents under requirement from the ordinance that you review them just as kind of a big picture these these master deeds and bylaws in some ways is kind of the site plan in writing u it's our ability to track that the development is going to be built the way that they said it was going to be built it's going to be run and maintained the way that is portrayed in the plans.
006Um, you know, when we talk about wetlands and easements, how are those going to be protected in writing? You know, different recreational things that were included, how developed, who will have rights to them, so on and so forth. Um, it's, you know, it's a fun read, I guess I could say. But what I can what I can guarantee you is that your consultants have worked with the applicants over the last two months to get them here tonight. So they go through planning ringer, they go through engineering's ringer, they go through your attorney's ringer, and collectively we all kind of need to sign off on them before they're comfortable coming from you. That's not to say that you have questions or you have concerns, we work through them. But I will tell you, applicants will attest
007to this that, you know, we've we've been working at this for two months to kind of get these where everybody was comfortable with the way that they were structured, the rules, you know, all of that. So with that again, um the Kelly memo kind of sums up the process. Um, it is up to commission to approve section 13.9 of the zoning ordinance. And with that, I'm happy to answer any questions that you may have. >> Okay. Any questions? We'll start down at this end. >> I have some questions. >> Sure. Um, it didn't look like the bylaws clearly set forth things like numbers of directors, term lengths, election procedures, vacancy removal processes, board quorum and voting requirements. Is that something that should have been in there? Am I missing? >> This is pretty typically what's
008in bylaw. So, >> yeah. No, no. And I do recall the sections um memorized in my mind. I I would more defer which obviously not this evening as to whether that was a standard or unique in some way. I do I know the sections are in there but I I do recall what you're asking the applicant can offer up there whether or not that lang the other condo developments have done but my okay then I have a number of questions regarding the document itself. Is this something we should How do you suggest we handle this? >> Well, I mean, I guess well, continue with your question. >> All right. The um the other piece I've noticed I was looking for, you know, the developer control and transition. So, I was didn't see things that clearly
009define the triggering events for the transition, whether the transition is automatic or discretionary, you know, which powers remain with the developer post transition. Um, so I'm just looking for a clearer definition of the transition mechanics so we don't end up, you know, with disputes in the future. >> Sure. >> Um, the other thing I didn't see is that the laws didn't clearly describe who may initiate amendments, required owner voting thresholds, whether mortgage e consent is required, and some recording requirements. on just something that's that's including the you know the article an amendment article consistent with the you know with the Michigan condominium that um fourth area I I didn't notice well there was um some there were some internal consistency and drafting issues so there's section numbering bunch of cleanup work that needs to be
010done cross referencing the sections that appear mis, you know, appear to be misnumbered. Um, and then there were some what I thought would look like inconsistent use of some defined terms, you know, coowner versus coown owner versus co-owner. Um, I think it just, you know, some kind of a technical cleanup needs to happen. Um, the fifth thing was the let's see, so the bylaws themselves require the association to collect and remit assessments to the community association. However, the the timing and the enforcement priority, those things weren't weren't clearly defined. Basically, what I mean by that, bylaws don't clearly say when the community assessments are paid or how they're enforced if someone's delinquent. So, just asking for for some clarification on that. Um the other piece is dispute resolutions between associations is not addressed. Multiple associations
011have to work with two associations have to work with each other. Um you know they're two basically two separate legal entities within the documents. You know the documents require them to work together but they don't see how disputes are handled, you know, if they don't. So, um, some other things that that could be considered, you know, how do we, you know, bring it a little more up to date and times, you know, electronic notices, email notices, you know, is there is there remote meetings allowed? Is there electronic voting allowed? Stuff like that. Those those were the those were kind of my Yeah, concerns as I went through the document and found it looks like it missing and cleaned up. >> So, the applicants this evening, they may be able to speak to some of this.
012However, I don't I don't necessarily have your attorneys. So, we may be able to answer some of your questions if you need further clarification discuss how our address. >> Sure. >> But if you're okay with it, we'll work through the rest and then the Sure. >> That was >> anymore. That's it. >> That's it. >> You got yours? >> Okay. >> I'm good. >> I just have one comment about the pickle ball courts. If it's worth it to have some sort of time frame baked into the use of those courts from a nuisance or sound standpoint for the people that surround that in the community. I don't know if that's something you bake into a document like this or if it should be just done after the the board is created. >> Sure. >> That's
013my only comment. Thank you. >> The the only question I really had and I didn't see anything in there was and uh Mr. Wagner sort of touched on it, but you have two associations and you have to go through one to get to the other. Um is there a working agreement between the two of them, especially like plowing? Um, you know, first one doesn't plow, it's going to be difficult for the ones to get in the back. Um, is there a master association possibly for over both of them so that they play nice? >> Yeah. I would defer to them. >> Okay. Thank you. >> Thank you. Good evening, Mr. Chairman, members of the commission. My name is Kevin. I'm the attorney for the developer. I drafted those condominium documents. I've drafted condominium documents in
014Michigan and condominium law is one of my specialies. So, I can briefly start with the overview. There is a master association here. The master declaration was approved by the in December, December 10th, when they approved the DU agreement, a second agreement they approved with the master declaration of covenants, conditions, and restrictions, which ties together these two associations. And it's the master association that will maintain these roads in perpetuity. It'll maintain the storm drainage system in perpetuity. It'll maintain the open space forever. The master association composed has a board of directors that's composed of two members from each association that's designed for harmony. It takes three votes to get everything done. And so uh the intent of the master association is to through that structure and I've used that in other communities throughout southeast Michigan and
015across the state uh that the association will work together over time to uh protect their common interests which are significant here in terms of the roads, the drainage, the open space. Uh and uh that's the baseline of the structure. Then we have independent condominiums and uh if I might just pause I didn't quite hear your question Mr. So >> it was regarding the pickle ball courts. >> Yes. >> And whether or not um within this document or documents they should establish a time frame that they should be could be used so that it's not disturbing the neighbors if someone's trying to have a cup of coffee at 7 a.m. and then somebody jumps on a pickle ball courts and starts smacking the ball around. You know what I mean? >> Understood. >> So, I wasn't
016sure if that's something that should be considered. That's all. >> So, yeah. Thank you. Just to address that and then I'll go to Mr. Wman's questions as well. The pickle ball courts are a common element of the whole condominium. They're open uh to use as are the lakes uh and the pathways to all the residents of the Tal North community, both the single family and the multifamily. Specific hours of uh operation and usage of the pickle ball courts haven't been established, but over time once they're put into use, reasonable rules and regulations are provided for in both the master declaration and in the separate bylaws of uh each of the condominiums and I would expect that there would be you know appropriate uh you know the master associations and controlled by the two associations they'll
017be posting rules and regulations and timing requirements as to the use of pickle ball courts. Now, as to through the chair, Mr. Wagner's comments, uh the bylaws address every item that he's mentioned that was mentioned by Mr. in detail in each of the bylaws. Starting with the last one, remote voting uh electronic voting that's provided for by both for both the boards of directors and for the individual uh association members. The uh terms owners and co-owners we have two different types of condominiums here. One is the difference to a single family subdivision. site condominiums came into being when I'd been practicing law a year or two and I was involved in you know deeply involved in efforts to uh get approval from the state uh through the attorney general uh that said companies were valid
018uses of the county act which ultimately the attorney general ru they were and they became much more popular uh but they were really in effect pl subdivisions you know They're designed to function in the same way. They're more powerful because of the condominium act. There's no statute that governs platted developments. So we use typically the word owner, although in the definition section of both documents, it says coowner and owner are used interchangeably and mean the exact same thing. So in the set condominium bylaws you'll see and the master de you'll see the phrase owner defining you know the lot owner because in effect these are platted lots you know what we would consider people are around in the 80s or 90s or live in platted subdivisions it's a platted lot so that's why owner and
019coowner are used but they're defined to mean the same thing uh the uh and I I've covered the multiple associations and the master association and the method of dispute resolution being each getting equal votes. Uh the uh collection and enforcement of assessments are in the bylaws article two and are provided in detail including the the right to foreclose on units if assessments aren't paid. That's an essential element of any condominium because you have to get the dues. It's like a community taxation. If you don't collect the dues then uh you can't operate the association. So uh that's covered in detail and provides the remedies the notice requirements all in accordance with commission the uh any section numbering and cross referencing plus I welcome you to uh Mr. if you could transmit those to attorney Ellis
020so that I have them. We clearly will correct those. Uh and I'll look through the documents, review the documents carefully, of course uh one more time before they're uh they're reported. In terms of amendments, the amendments, the association, let me just mention the transfer of control. statute provides that in any condominium in Michigan that within the earlier to occur of 54 months after the first sale of a unit where a deed is recorded or within 120 days after 75% of the units in the condominium have been sold. The transition to the the association and control of the association by the non-developer owners must occur. So we know that under the condominium act within four and a half years after we record those master deeds which we hope to report this spring that's our plan uh
021that within four and a half years after we record the master deed and then close on the first units in each of the condominium ideally sometime late this year then non-developer owners will control each of these associations. That's the statute that's mandatory and it's in all the documents. It's in the it's in the bylaws of both documents uh that that transition has to occur. So uh the association has the right to initiate amendments. The developer will control the association until that transition control occurs. The developer also independently has a right to initiate amendments and the developer has that right even after the transition control date for certain specified things. The developer other rights and powers after the transitional control bay to protect its interest in the sale of units in the condominium. Uh and those
022rights include amending the master deed to correct errors to make dedications that are required of a public authority uh and to conduct sales to have a sales office and a residential community and matters along those lines. All protecting the developers interesting and at the same enhancing the community's interest because a successful soldout community is in everybody's interest. And uh that uh I think that goes through I believe I've covered uh all of the items that uh were raised here by the commission. If I haven't one or two, please let me know any of them and I'll address them. But we would welcome your approval of these forward. Thank you. >> Does anybody have any last questions or clarifications? >> Maybe just one more question. So, you didn't talk about and and maybe I missed this
023stuff as I read through it, but certainly, you know, things like the numbers of directors, term length, selection procedures, vacancy, and removal processes, those are in the bylaws. >> Articles 8, n bylaws cover that. In fact, there's three board members in each condominium. uh they're elected to staggered terms. The way the way it works is at that first annual meeting, that's what we call it. And if you look in the definitional section, you'll see first annual meeting in the definitional section. That's the meeting that occurs when the transfer of control happens. And at that meeting, uh a board majority controlled by the develop by the association. The developer has the right under certain conditions to hold one seat in the board, but the majority of the board has to be elected by non-developer owners at
024that transition meeting. And typically in condominiums like this, it would typically be, not always, the whole board gets elected by homeowners. And the way it works is the two highest vote getters are elected for a two-year term, and the the third vote getter, three seats, is elected for a one-year term. So that There's a staggered board set up on day one. The board members themselves vote within 10 days who the president and vice president, secretary of the association are. Uh and then uh removals can can occur by vote of the homeowners initiated by a petition that has to be signed by onethird of all the owners in the community. And they could petition to remove a director in that way. to have a special meeting to remove a director. It's rare in my experience, but
025I generally am not an association attorney. I'm well familiar with how associations operate. Uh but that's rare in my uh experience in doing reports. >> Thank you. >> Um just one question. Do we need to vote separately for >> each of the associations? Okay. Okay. And we don't need to open up a public discussion. So, we can just move right to a motion and open discussion. Okay. If we would like um I'll entertain a motion and then we can discuss before voting or anything you'd like to discuss or clarify with the uh applicant before we do that. Okay. Seeing none, we'll entertain a motion. I move to approve the master deed and bylaws of the peninsula of Colmore and direct the developer of the project to record same in accordance with the state law and
026township ordinances. >> I'll second. >> Okay. So, we have a motion. We have a second. Um and just to clarify, this is for the peninsula to correct. Any discussion? >> Seeing none, can we have a roll call vote? >> Turner. Blankenship. >> Yes. >> Wilson, >> yes. >> Dur. >> Yes. >> Wagner, >> yes. >> Bailey, >> yes. >> Motion pass. >> Thank you. Okay. With that, we'll take a motion for the second. >> I move to approve the master deed and bylaws of the village of Tolmore and direct the developer of the project to record same in accordance with the state law and township ordinances. >> I'll second. Okay, we have a motion. We have a second. Any last discussion? Seeing none, we'll do a roll call vote, please. >> Wagner, >> yes. >>
027Dur. >> Yes. >> Lo, >> yes. >> Blankenship, >> yes. >> Austin, >> yes. >> Turner, >> yes. >> Bailey, >> yes. >> Motion passed. >> Thank you. >> You have approval for both. >> Much appreciated. >> Thank you. Okay, we will move on to number 10, new business, which we have none. Number 11, communication committee reports. Uh, anything from the ordinance review? Uh just to make everybody aware, there's been a lot of information in the various news media about these data centers and the potential for them. And at this point, Oxford Township does not have any ordinance of any type recorded in our ordinances related to data centers. We have been asked by Mr. Curtis to start looking at that. So, we don't know of anybody that's interested in the Oxford area, but if
028somebody comes along, raise the flag and we will start working and looking and Matteo is doing the background check and see because he's also involved in some of the other areas. So I think that's the most significant thing that is in front of us right now. Mr. Chair, sorry question on that. So are we proactively looking at creating some ordinances around that subject or are we waiting for somebody to approach the township? >> Well, the intent is for us to put together ordinances from our perspective of what we think it ought to be if one is or more than one >> okay >> is uh deemed to come to Oxford Township you know there are three there are three different size data centers that are being looked at uh there was a pretty good article
029in Cranes. >> Beans or not? Beans. >> Cranes. Yeah. Cranes. Business magazine on data centers and then basically three different sizes, but the requirements include things like water. They need excess amount of water for cooling their systems. The other was electrical energy to drive these systems. And then the third is the location of size like 5 acres, 50 acres. Some of them are two and 300 acres of land size. So I get that and that can kind of detail into the family as well. So as Mr. Turner said, we're trying to be proactive about drafting language if township CWA has we've represented several communities that have had these proposed. So we are we're learning about as quickly as we can. These things are coming quick and writing ordinances are not It's not you can kind
030of start to cherry pick the really important stuff that you have to hone in on. Make sure that your regulations are clear about what we're doing initially. I would mimic Mr. Turner's message that we have not had a phone call, you know, but all you got to do is watch the so early stages right now. Um on on that project. There's a few other text ordinances or text amendments that we're working on and I I can either pause there or answer some questions or kind of go into >> So I have a quick question. So what are the main points of opposition because that's what I see in the news is a lot of opposition in residents of communities where these want to go. So I guess just the the top you know labor the
031the whole thing but I'm just curious what the the main points of opposition are main points of opposition have been um utility and water consumption noise as it relates to kind of ambient constant hum so these data centers function 247 there's also the event of emergency power generators that would then come on to keep them those and so noise, utility consumption and then I would say relative distance to residential districts and I think that relates more to the performance standards of noise. So those are the kind of things that we're honing on as far as how can we best best both best mitate those circumstances should >> Okay. Thank you. >> Sure. Some other things that we're working on is we have been working on a retail uses in the office district. Right now the
032office district is pretty rigid. what you can do and the world of office is evolving quite quickly especially postco so we're trying to offer some options for properties that another one is use we talked about prior to the new year so we're working on that amendment from a planning perspective I would say that there's potential for there's potential for a public hearing later in February for some of this text um almost definitely in March if So just a planning perspective from a meeting plan perspective I would foresee us having a meeting the second meeting in February the first second meeting all these things might be some that's kind of where we are you folks have any comment that >> Jim Jim has asked that I read his report to you. So, >> thank you. >>
033I really prefer Jim Sharp to be here. >> I'll let him know. >> Yeah, we're waiting on you. We'll continue to sit here and wait. Maybe I should text him. You still coming? >> Meeting's on hold. Waiting for you, Jim. >> Yes. Yeah, he's probably watching, >> right? I'm sure it is. >> Okay, with that, uh, we will take a motion for adjournment. >> Motion to adjurnn. >> Second. >> All in favor? I. >> Any opposed? >> We are adjourned at 1904.