Unless Oxford Township cooperates, the chances of a piece of property on Lakeville Road being annexed by the village don’t look very promising.
‘This is a very convoluted area of the law,? wrote village attorney Bob Bunting.
Jim McGowan has formally notified both the village and township of his request to have the village annex the 7.94-acre parcel he owns at 544 Lakeville Road.
Located on the south side of Lakeville Road, across from Beaver Stair, McGowan’s property is zoned light industrial and houses his company Oxford Products International.
‘Absent township cooperation and approval,? village attorney Bob Bunting wrote in a May 16 opinion letter it’s ‘unlikely (the annexation) would be successful.?
‘If the developer’s petition to the (state) Boundary Commission were successful,? Bunting wrote, ‘The cost of judicial review likely to be instigated by the township . . .would be prohibitive to the small developer.?
However, Bunting noted, ‘If the owner could withstand the time and expense of the likely judicial action brought by the township, he may well prevail.?
Supervisor Bill Dunn said the township board is scheduled to discuss McGowan’s annexation request at a Tuesday, June 27 closed session board meeting.
As for what action will be taken on the township’s part, Dunn said, ‘That’s up to the board to decide. I can’t speak for everybody.?
McGowan requested annexation by the village following the township board’s 6-1 denial on April 12 of his request to have the property rezoned from light indistrial (M-1) to multiple family residential (RM).
McGowan wishes to sell his property to Robert Coltman, of the Rochester-based RTC Development, who wants to removed the existing light industrial facility and build 55-60 condominiums.
Township officials rejected McGowan’s rezoning request due their preference that the property eventually be used for what the Master Plan shows is as in the future ? office/service.
Given his property is adjacent to the village properties on the west, south and east sides, all of which are zoned residential, and is already serviced by village sewer, McGowan approached the village council about annexing it in May and again at the June 14 meeting.
‘I think there’s definitely a conflict of master plans between the township and the village on that section of Lakeville Road,? McGowan told council last week. ‘It really ends up a hodgepodge . . . There’s really no continuity to the plan.?
McGowan said this ‘conflict? of plans is not good given the area is ‘a very important artery.?
‘It’s one of the four corners into town,? he said.
McGowan also noted that had the former owner of his property not fought the annexation of his parcel years ago when the area that’s now Oxford Lakes was annexed by the village, all this wouldn’t be necessary now. ‘That’s why our one piece there is still in the township,? he told council.
Although they’ve taken no formal action or votes, council’s previous comments have thus far been favorable to the idea of annexation and the concept of building housing on McGowan’s property. The village attorney was directed to research the issue.
Ultimately, it’s up to McGowan to proceed with the annexation process. Bunting’s opinion letter outlined ways McGowan could proceed with or without township cooperation and approval.
So favorable is the village to the idea of housing at 544 Lakeville Road that Manager Joe Young penned a June 19 letter to Supervisor Dunn requesting the township give consideration to ‘rezoning the property at 544 Lakeville to multiple family to allow the development being proposed.?
Given the board’s previous 6-1 vote, Dunn said it’s ‘not very likely? the township board will change its mind and grant McGowan’s rezoning.
‘Nobody appeared to be on the fence. It seemed to be pretty cut-and-dry,? Dunn said.
In both his letters to the municipalities, McGowan noted it would be ‘acceptable? to him for the township to ‘trade? jurisdiction over his property for the village’s jurisdiction over an approximately 8-acre parcel along N. Oxford Road that’s part of a proposed condo development called Lakeshore Village.
‘However, if that is not feasible or agreeable to both entities, I will proceed to annexation of my property into the village,? he wrote the township.
Dunn noted he favors such a trade.