Orion Township trustees have found a way to stop property on Dutton Road from being annexed into Auburn Hills.
At the July 19 meeting, the board approved the settlement of pending litigation with developer James Faycurry of Dutton Properties, all subject to the submission and satisfactory review of a site plan addressing issues laid out in the settlement.
Faycurry was unable to speak to the board at the July 19 meeting, but his attorney Joe Galvin laid out the consent judgment in his place.
‘The basic development is a simple one,? Galvin said. ‘Near the asphalt plant (Ajax Paving), the developer wants duplex units…an 11-acre parcel near Squirrel would be dedicated to township residents for use as a park.?
Galvin said the land use of the property was negotiated to two units per acre, less than the number of units on property in the immediate vicinity.
‘Dutton Properties has shown a willingness to negotiate with the township,? he added. ‘They will contribute $400,000 to the township capital improvement fund.?
Dutton Properties would also put $75,000 in an interest-bearing account to be set aside to help deal with traffic concerns, and would donate up to $200,000 to help the township defray the cost of a skate park.
‘Also as part of the consent judgment, Golden Point Condominiums (at Fernhurst and Indianwood Roads) will be set aside so this property can be constructed (as a parking lot for the Polly Ann Trail),? Galvin said.
According to Galvin, the initial issue was a ‘difference of opinion with township officials.
‘There is no longer, as far as we know, a difference of opinion,? he said.
Galvin said Dutton Properties recognized that all development has an impact on the community, and hoped with the benefits outlined in the consent judgment to lessen that impact for Orion Township residents.
Not included in the consent judgment, but agreed to by Faycurry, would be the dropping of a special assessment district for residents in the area of Fernhurst and Indianwood.
‘Mr. Faycurry wants the SAD requirement deleted from the planned unit development,? Galvin said. ‘There will be no SAD for the people.?
In addition, Faycurry would give $25,000 to the Polly Ann Trail and $10,000 to the Orion Veterans Memorial.
‘This agreement is very beneficial to the township, and very beneficial to Dutton Properties,? Galvin concluded.
John MacMillan of Fernhurst Road, who had opposed the initial proposed development on Indianwood as part of a neighborhood group, said he thought the consent judgment made sense.
‘We’ve been before you with a variety of options, they weren’t all win win,? he said. ‘This is beneficial for the township.?
Trustee Michael Gingell, who made the motion to accept the resolution with a few changes, said the agreement came after a ‘long, drawn out battle.?
‘When the proposal first came, I didn’t think it was a good proposal,? he said. ‘We were able to communicate (with Faycurry) with our attorney…We’ve gotten to something that can work for the developer, I believe, and work for the township.?
Trustee Will Wilsher said he was a supporter of the master plan, but in this case supported the resolution.
‘You have to sit and weigh things out and do what’s best for the township,? he said, adding that the original proposal had higher density.
‘That would have been a problem for the school district,? he said.
‘We have to move forward on this issue to avoid the annexation…at this point it’s the best the board can do,? said trustee Richard Tomczak.
Clerk Jill Bastian said she wished the board would take the next month to become better informed about exactly what was being proposed.
‘This consent judgment is only a draft,? she added. ‘I’m very concerned, even at the least, that this project will be five times denser than what’s master planned.
‘We were elected to represent township residents…to say we’ll get two units per acre doesn’t sound all that bad,? she said. ‘Except those lots won’t be 20,000 square feet…We’re going from the least dense designation to developing under the most dense number of units.?
Bastian acknowledged that Faycurry had offered some ‘nice things? to the township, but said she would like to hear from more residents.
‘We’re taking that planning right away from the planning commission,? she said.
‘We may not be happy with it, but we have to be realistic,? supervisor Jerry Dywasuk said.