Commissioners send Springs at 5 & Main brownfield plan to finance after extended questions on wetlands and affordability
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Summary
The committee recommended forwarding a brownfield redevelopment plan for a 284-unit Commerce Township project that would set aside 100 units at up to 120% of AMI and request $13 million in state school-tax capture reimbursement; commissioners raised concerns about the project's use of Brownfield capture for unforeseen infrastructure costs and about building on wetland areas.
County planning staff and the project developer presented a brownfield redevelopment plan for the Springs at 5 & Main project in Commerce Township, a mixed-housing development proposed on about 12.12 acres at M-5 and Pontiac Trail. The plan calls for 284 units across nine three-story buildings, with 100 units designated as affordable or attainable at up to 120% of area median income for a 10-year capture period.
Staff said the developer requests approximately $13 million in state school-tax capture to reimburse site-preparation and infrastructure costs that the developer characterized in the application as "unforeseen circumstances," including dewatering issues. Planning staff noted the project qualifies under a 2023 amendment to the Brownfield Redevelopment Act that allows certain housing developments to use Brownfield tools.
Commissioners pressed for specifics. Commissioner Johnson asked what the unforeseen conditions were and noted a visible wetland in publicly available imagery, asking how such conditions could have been unforeseen. Planning staff said the state ultimately determines eligibility for specific incentives and that the developer had the option to pursue different Brownfield pots, but the project team chose the current approach.
Other questions focused on how the TIF/Brownfield capture affects school tax revenues and whether schools are held harmless through the Brownfield mechanism. Staff explained the local approvals and subsequent state-level steps (including submission of a work plan to the Michigan State Housing Development Authority and state approval for school-tax capture) and said the Brownfield program has mechanisms to make schools whole under statute.
Outcome: The committee voted to move the brownfield plan to the Finance Committee and set a public hearing for 12/11/2025 at 6 p.m. in the Oakland County Board of Commissioners Auditorium. Commissioners requested additional detail on stormwater, parking counts and the developer's reasoning for using the state school-tax capture for infrastructure reimbursements rather than other housing-focused capture allowances.
Next steps: Item moves to Finance and a public hearing is scheduled; staff will provide additional technical details and documentation for financing and environmental review.