To the surprise of Independence Township Board Trustees and residents in attendance, Orco Investments removed their petition for site specific relief regarding a residential development during the May 3 hearing.
The site specific relief request pertains to a 70-acre parcel located in the northwest corner of Waldon and Sashabaw roads, near the I-75 interchange.
Over the past year, Orco submitted two proposals for the property: a ‘big box? commercial development and a residential development. The commercial development involved a rezoning request from residential to C1 and C2, and was denied on April 27 by the township planning commission.
The residential proposal involved the petition for site specific relief, part of Section 5.30 of the Independence Township Zoning Ordinance. The planning commission first heard from Orco on the residential proposal during a public hearing in October 2005.
The petition went to public hearing at the township board level this past April. The May 3 hearing was a continuation from that date.
‘To say the least we are disappointed,? said Orco representative Robert Jacobs, Esq. during the hearing. ‘All planning was participated in? When we got to the last meeting, we were surprised. There had been a change in attitude, a change in the exchange of information.?
Jacobs reminded the township board that a residential proposal was never their intent for the property. He emphasized the company’s continued stance that a commercial development best suits the parcel.
Jacobs also said the company is unhappy with receiving bills from the township for litigation planning and ‘items? not involved in ‘good faith? talks.
‘I feel that we have been duped,? said Jacobs, who added he sees township officials preparing a defense for their zoning initiative and not truly considering the project.
‘We think we have been led astray. We are withdrawing our petition? We will go forward with our commercial zoning,? concluded Jacobs. ‘Under these circumstances, I do not feel we can go forward.?
According to Supervisor Dave Wagner, Orco was not billed any costs for township ‘defense preparation.?
‘We’ve been very careful with what we billed them,? said Wagner. ‘They’ve been billed just like any other developer for special meetings or consultants and such.?

Township initiative
The township initiative, as referred to by Jacobs, is a rezoning self-initiated by the planning commission.
The rezoning was accepted on April 27 to change the 70-acres in questions from single family residential to local commercial, planned shopping center, office service one, office service two and multiple family. Considerations for the rezoning are based upon recommendations from Township Planner Dick Carlisle’s Sashabaw Corridor Study.
The planning commission’s rezoning was considered during the same time frame as Orco Investment’s commercial and residential proposals.

The aftermath
Immediately after Mr. Jacobs statements, all representatives from Orco Investments left the meeting.
After a five minute break, township attorney Gerald Fisher took the podium and stated into public record that although the petitioner left, the public hearing was not closed and could continue.
At that point, Fisher advised township trustees to adjourn the public hearing for a later date in order to receive legal counsel and discuss options.
‘You may wish to continue the hearing,? said Fisher. ‘We also need time to see what Orco’s next step will be.
‘There were lengthy meetings and discussions, but everyone understands the decision-maker is the township board? All of the discussions were held in good faith, in my opinion.?
A couple trustees voiced surprise at the situation and uncertain of what steps to take next.
‘I’m not sure I want to walk away yet,? said Trustee Dan Travis during the meeting. ‘We have and are generating costs in legal fees and such. We have an investment here as trustees and as township residents. I agree (with Mr. Fisher) and your recommendation makes sense.?
‘They obviously made a strategic legal decision, nothing more than that,? said Trustee Dan Kelly in a later interview. ‘I don’t see what evidence he has that anything was done in bad faith.
‘I find this to be very disingenuous because Mr. Jacobs is an experienced property lawyer. He knows the township speaks through the board, and not through our consultants or directors. No one has been led astray.?
‘Very disappointing. Very, very disappointing,? Wagner said later. ‘We’ve worked very hard to create a residential development that works with the property. I was surprised they just walked away like that.?
At the end of the meeting, trustees voted unanimously to adjourn the public hearing, and continue at the June 20 board meeting.
Wagner said officials are now waiting to hear what Orco’s next step will be. He said township attorneys are currently researching the situation and will meet with township administrators to determine a course of action.
Orco Investments declined to comment when contacted.