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HomeMy WebLinkAboutResolutions - 2018.01.17 - 23231ommissioner Phillip J. Weipert, District #8 Chairperson, Planning and Building Committee MISCELLANEOUS RESOLUTION #17348 December 7, 2017 BY: Commissioner Phillip J. Weipert, Chairperson, Planning and Building Committee IN RE: PARKS AND RECREATION — SUPPORT OF REQUEST TO CONVERT MICHIGAN NATURAL RESOURCES TRUST FUND-ASSISTED PROPERTY AT ADDISON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission received a grant (TF07-030) from the Michigan Natural Resources Trust Fund ("MNRTF") for a trail development project at Addison Oaks County Park; and WHEREAS MNRTF policy indicates that "Property acquired or developed with Michigan Natural Resources Trust Fund assistance shall be retained and preserved in its natural state including development needed to provide for outdoor public recreation use as set forth in the MNRTF application"; and WHEREAS MNRTF policy further indicates that "property acquired or developed with MNRTF assistance shall not be wholly or partially converted to other than public outdoor recreation use without the approval of the Department of Natural Resources (DNR) and MNRTF Board and the implementation of mitigation measures approved by the DNR and the Board"; and WHEREAS on April 22, 2004, the Oakland County Board of Commissioners approved a License Agreement that permitted the construction and installation of a 175-foot cell tower within the park, with access from Lake George Road; and WHEREAS in FY2016 the cell tower generated $28,566 in revenue for the park system; and WHEREAS this use is considered a conversion of grant-assisted property; and WHEREAS the MDNR has indicated a conversion area of .29 acres including the tower site and access drive from Lake George Road; and WHEREAS Oakland County Parks and Recreation Commission has preliminary approval for mitigation of this conversion with the recently acquired parcel at White Lake Oaks County Park; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the request to the Michigan Department of Natural Resources and the Michigan Natural Resources Trust Fund Board to convert .29 acres of MNRTF-assisted property at Addison Oaks County Park. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of th,46regoing resolution. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Quarles absent. .-GAKLANDCOUNTYPARKS OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA NOVEMBER 1, 2017 REVISED AGENDA ITEM NO. 7 PLANNING & RESOURCE DEVELOPMENT To: Chairman Fisher and Commission Members From: Sue Wells, Manager of Parks and Recreation Operations Melissa Prowse, Supervisor - Planning & Resource Development Submitted: November 1,2017 Subject: Public Hearing - Addison Oaks Cell Tower Trust Fund Conversion Mitigation INTRODUCTION AND HISTORY Addison Oaks County Park was purchased in 1969 with GSA funding (U.S. Department of Housing and Urban Development — Open Space Land Program). There are also 4 subsequent development grants that have encumbered the park (see attached maps): • TF07-030 Addison Oaks Trail Connector • RP12-406 — Universally Accessible Boat Launch and Fishing Pier • BF91-025 — Renovation of sanitary lagoon system • 26-01023R1- Campground Improvements at Addison and Groveland In 2009, a 175-foot cell tower was installed within the west-central part of Addison Oaks. The cell tower generated $28,566 in FY2016. However, as it was placed on grant-assisted property, it is considered a conversion of grant-funded land. As this part of the park is now technically "removed from public recreation," it is required that OCPR mitigate the conversion of the 0.29 acres (0.16 acres for the access road and 0.13 acres for the area around the tower). Staff is preparing the paperwork for the recent Girl Scouts acquisition at White Lake Oaks to serve as the mitigating parcel. The process requires that the public be given 30 days to comment on the conversion, and that a public hearing be held. A public hearing and public comment notice (attached) was run in the following publications: Oakland Press Oakland Press Oakland Press Oakland Press Oakland Press ATTACHMENTS 9/27/17 9/28/17 9/29/17 9/30/17 10/01/17 Theoaklandpress.com Royal Oak Tribune Royal Oak Tribune Royal Oak Tribune Royal Oak Tribune 9/27/17 9/27/17 9/28/17 9/29/17 10/01/17 • OCPR Resolution • BOC/Planning and Building Resolution • Public Hearing Notice • Map of Addison Oaks grant-assisted acquisitions • Addison Oaks Cell Tower Boundary Map • Map of Addison Oaks grant-assisted development • Map of White Lake Oaks acquisition Page 2 ignimman STAFF RECOMMENDATION Staff recommends that the Commission approve the attached resolution in support of the conversion of .29 acres of grant-assisted property at Addison Oaks County Park. MOTION Move to approve the attached proposed resolution recommending OCPR convert the 0.29 acres of grant-assisted property at Addison Oaks County Park - (0.16 acres for the access road and 0.13 acres for the area around the tower) and mitigate said conversion with the recent Girl Scouts acquisition at White Lake Oaks, and forward it to the Oakland County Board of Commissioners for final approval. OAKLAND COUNTY PARKS AND RECREATION COMMISSION, MICHIGAN NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD ON PROPOSED CONVERSION MITIGATION Notice is hereby given that the Oakland County Parks and Recreation Commission will hold a public hearing on Wednesday, November 1, 2017 at 1:00 p.m. in the Commission Meeting Room (2800 Watkins Lake Road, Waterford, MI 48328) for the purpose of receiving comments on the proposed mitigation of converted property at Addison Oaks County Park (1480 Romeo Road, Leonard, MI 48367). In 2009, a 175-foot cell tower was installed within the west-central part of Addison Oaks County Park, within 250 feet of the western park boundary fence. The cell tower was placed on property that was acquired with state grant funding, and is considered a conversion of grant-funded land. It is required that Oakland County Parks and Recreation Commission mitigate this conversion by acquiring additional property to off-set the loss of land available for public recreation. In May 2016, the Oakland County Parks and Recreation Commission purchased 40.2 acres of property adjacent to White Lake Oaks County Park in White Lake, Michigan. Oakland County Parks and Recreation staff have been working with the Michigan DNR to utilize this acquisition as the mitigation for the converted property at Addison Oaks County Park. Copies of documentation on the proposed conversion mitigation are available for review on the Oakland County Parks and Recreation Web site at: https://www.oakgov.com/parksigetinvolved/Pages/Planning.aspx or at the Oakland County Parks and Recreation offices (2800 Watkins Lake Road, Waterford, MI 48328) during regular business hours. Written comments may be mailed to: Melissa Prowse, Planning Supervisor, 2800 Watkins Lake Road, Waterford, MI 48328. Comments via e-mail may be sent to prowsem@oakgov.com . Per the Americans with Disabilities Act, individuals who require special accommodations should contact OCPR Planning at: (248) 249-2801 at least two business days prior to the hearing. The regular Oakland County Parks and Recreation Commission meeting will follow the public hearing. AKLANID COUNTY PARKS 0 1,000 2,000 Feet Oakland County Parks and Recreation 2800 Watkins Lake Road Waterford, Ml 248-858-0905 www.DestIn atio n0a Ida nd.corn 186 a Addison Oaks County Park -Grant Assisted Acquisitions- 0 Addison Oaks Park Boundary 77 Michigan Natural Resources Trust Fund GrantAssisted Land Acquistion coaOpen Space Land Program (federal) Grant Assisted Land Acquistion MA Non-Grant Assisted Land Acquistic n Addison eaks Location Map Cell Tower Location 0 www.DestinationOakiand.corn PI U!JOl 'nz BF91-025 26-01023R1 II 6,000 Feet • L".[_d Addison Oaks Park Boundary Oakland County Parks and Recreation 2800 Watkins Lake Road Waterford, MI 248-858-0906 www.DestinatinnOakland.com 3,000 Addison Oaks County Park Development Grant Project Boundaries TF07-030 RP12-406 BF91-025 26-01023R1 188 UP+11%. reelieb W.%647,0 -f- Propcised - Oakland County Parks Parcel , 41 5 Acres Resolution #17348 December 7, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #17348) January 11,2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: PARKS AND RECREATION — SUPPORT OF REQUEST TO CONVERT MICHIGAN NATURAL RESOURCES TRUST FUND-ASSISTED PROPERTY AT ADDISON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Resolution authorizes the request to the Michigan Department of Natural Resources and Michigan Natural Resources Trust Fund ("MNRTF') to convert .29 acres of MNRTF-assisted property at Addison Oaks County Park as property removed from public outdoor recreation use due to the installation of a cell tower. 2. MNRTF policy indicates that "property acquired or developed with MNRTF assistance shall not be wholly or partially converted to other than public outdoor recreation use without the approval of the Department of Natural Resources (DNR) and MNRTF Board and the implementation of mitigation measures approved by the DNR and the Board". 3. Oakland County Board of Commissioners approved a License Agreement on April 22, 2004 that permitted the construction and installation of a 175-foot cell tower within the park, with access from Lake George Road; the cell tower was installed in 2009. 4. Oakland County Parks and Recreation Commission has preliminary approval for mitigation of this conversion with the recently acquired Girl Scout property at White Lake Oaks County Park (MR. #16022) 6. A budget amendment is not required. Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Zack absent. Resolution #17348 January 17, 2018 Moved by Bowman supported by Dwyer the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Jackson, KowaII, Long, McGillivray, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Berman, Bowman, Crawford. (17) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). 1 WNW APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 17, 2018, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 17th day of January, 2018. Lisa Brown, Oakland County