Although neighboring residents turned out in force to protest, an amendment to consent judgment between Orion Township and Dutton Partners, LLC concerning a proposed development on Squirrel Road has been approved by the board of trustees.
The parcel is the same one that developer James Faycurry had petitioned to have annexed to Auburn Hills because of issues over the density allowed on the property by Orion Township. Faycurry withdrew his petition when the township agreed to settle the matter in court.
A consent judgment has been accepted by the board, which in exchange for several things from Faycurry, he would be allowed to build on a 176-acre parcel on both sides of Squirrel Road, between Dutton and Silverbell.
The eastern portion is to be detached housing with 189 units, with 174 duplex units on the other side of Squirrel.
As part of the amendment to the consent judgment, Faycurry asked to add a 38-acre parcel to the project, adding two duplex units, one building and 100 detached single family homes to the north.
‘We got here based upon an annexation petition that was filed,? explained Faycurry’s attorney Joe Galvin at the Oct. 18 board of trustees meeting. ‘If successful, this property would have gone to Auburn Hills.?
Galvin explained that as part of the settlement of the court case, the consent judgment, Faycurry agreed to do several things: Contribute an 11-acre park, which would go to a 15-acre park if the amendment went through; pay $400,000 to the township general fund, contribute $200,000 for the creation of a skate park, and put $75,000 in an escrow account for dealing with traffic issues.
In addition, Faycurry has also agreed to donate $25,000 to the Polly Ann Trail, and $10,000 to the Orion Veterans Memorial.
‘This consent judgment is in place, it is effective,? Galvin said. ‘We’re talking about whether or not to add another 38 acres to the judgment or leave it as is.?
Along with the four acres of park land that would be added to the already-agreed upon 11 acres, improvements including four soccer fields, a baseball field, playground and improved parking would be included.
Galvin said the amendment would ‘freeze the amount of land to be put in duplex units.?
‘In a word, this provides to the township immediate and substantial benefit at no cost to the township,? he said. ‘You are in a situation which is truly a win-win situation.
‘When the benefits are added up, I think it’s something very appropriate for the township to do,? Galvin added.
Many residents who spoke during the public hearing held by the board disagreed.
‘I will have 100 homes in my backyard,? said Lisa Bjork, who lives on nearby Woodside Court. ‘Our schools are at maximum right now…there comes children with these homes.?
Bjork said a few of the members of the board had visited her home while running in the recent primary election.
‘I didn’t get one of you coming to my door asking me what do you think of this coming in your backyard,? she said. ‘I’m not against change and development…but not when it will devalue my home.
‘I see it as bribery,? Bjork said.
Several other residents said they were upset that the board was not following their master plan for the area, which would have called for eight suburban estates to be developed in the area in question. Others were concerned about the drainage issues more homes would bring.
‘Mr. Galvin has said this is a win-win situation,? said Michael Bjork, Lisa Bjork’s husband. ‘I beg to differ with that…it could be if you reduce it back to suburban estates.
‘Mr. Galvin has offered all kinds of money,? he said. ‘In essence, legal bribery…this will increase our fire and police protection as well.
‘If (the park offered by Faycurry) is so important to (the board),? Bjork said. ‘You can feel free to address those issues in a ballot issue…not to have it jammed and forced upon us.?
Gordon Wolverton of Roxbury Court said he didn’t believe the plan would integrate well with the existing neighborhoods.
‘How is (this) consistent with the neighborhoods?,? he asked. ‘I’m not opposed to development…but I support a less dense population there.?
Wolverton also wanted to know what the new homes would cost.
‘The homes in my area are $300,000 to upwards of $500,000 easily,? he said. ‘What will it do for the tax value of the area? People move to the township because of the master plan…why is there no compromise between eight (homes) and 100??
Wolverton’s wife, Janet, a member of the Lake Orion School Board who said she was there to speak only as a parent in the district and a resident, urged the board to look at the broader issue.
‘I urge you to think about not just how this will affect this small part of the community, but everyone,? she said. ‘You need to look out for the best interests of all of us.?
Galvin said the homes in the area would go for $400,000 to $450,000, and the ‘accelerating tone of indignation? he was hearing from the residents.
‘Some of the facts being presented here are not entirely accurate,? he said. ‘The single most repeated statement…what is the meaning of the master plan. I know very few people in this room will agree with what I have to say…in this section of the township, the existing master plan is indefensible.?
Galvin said the idea of suburban estates in that area would ‘not pass constitutional muster.?
‘It is a win-win because the township must deal with existing land uses in the area, and the opening of Dutton,? he said, adding that nearby Oakland Ridge where many of the residents who spoke lived, was created by consent judgment.
‘The density allowable (in Oakland Ridge), but not built out, is pretty much what we are proposing in that area,? he said. ‘I’m not asking you to behave emotionally…I’m asking you to do what’s in the best benefit of all the citizens of this township.?
Trustee Michael Gingell said that had the board allowed the property to be annexed to Auburn Hills, a lot of other people would have been upset.
‘There would have been a lot of people here saying we didn’t do our job,? he said. ‘If this is not done, there will be another developer in here arguing that it can hold more than eight homes.?
Galvin said Faycurry would be presenting an engineering plan to deal with the drainage issue.
‘We know we have an obligation not to increase it,? he said.
Clerk Jill Bastian said the idea of putting a buffer between the development and existing homes was a ‘significant issue.?
‘The berm would have to be unique…it will have to be a berm that will block noise, lights, etc…and so it will not have that drainage backing up,? she said.
The board voted to approve the concept plan for the amendment to the consent judgment, including: A berm going from the park to lot 21, with a drainage plan to be presented by the engineers; and doubling the density of the trees there from those required by the ordinance.
Also: Removing lots 38-42 and making them into parking for the park with appropriate landscaping; and making the lots on the western border near Oakland Ridge 100 feet wide each.
Faycurry will also be responsible for developing the design and getting an architect for the skate park, with the specifications and location to be decided by the township.