Board of Trustee Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, SEPTEMBER 24, 2007
PRESENT: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
Also present, Attorney William Hampton
ABSENT: None
Supervisor Payne welcomed the public and led the Pledge of
Allegiance.
ITEM #1 Approved Study Session Minutes of September 6,
2007 & Board Minutes of September 10, 2007
ITEM #2 West Hills Middle School Presentation – Township
Recreation Plan
The Board welcomed the eight students involved in the
public park/recreation plan. The Gary M. Doyle Center was the
chosen location for this project.
The following students performed the presentation:
Evan Arbit
Stephanie Podolsky
Sydney Galinsky
Ashley Silbert
Tegan Servo
Haley Belden
Griffin Anderson
Michelle Coles
Sarah Hershey, sixth grade teacher, Andy Gignac, sixth
grade teacher and Amy Burke, seventh grade teacher, were also
in attendance.
The descriptive account took into consideration the need
for equipment, sports fields, maintenance of the park,
gardens, nature trails, and even a budget.
MOTION by Devine and SUPPORT by Barnett to APPROVE that the
Board take the Bloomfield Township Public Park Concept as
Presented under Advisement for Future Consideration.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #3 2007 Gypsy Moth Risk Assessment/Recommendations
for 2008 Treatment Season – Presented by Dr. Mark Ticehurst
The gypsy moth population has increased dramatically in
Michigan, but no trees have been lost in Bloomfield Township
due to this insect. The gypsy moth cannot be eradicated, only
managed. Other communities, such as Troy and West Bloomfield,
also impact the Township’s levels.
Two treatment options were presented to the Board. Option I
would cost approximately $207,000.00 and is a continuation of
previous years’ treatments. This option uses fungal
inoculations as well as periodic ground-based spraying. Option
II consists of aerial spraying and would cost approximately
$700,000.00. The Township’s engineering department recommended
continuing Option I.
MOTION by Barnett and SUPPORT by Buckley to APPROVE Option
I of the Gypsy Moth Management Recommendation as Presented for
2008.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #4 Introduction of Ordinance 589, Amendment to the
RP Research Park District
MOTION by Savoie and SUPPORT by Stefanes to APPROVE
Introduction of Ordinance 589, Amendment to the RP Research
Park District.
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. 589
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF BLOOMFIELD
TOWNSHIP, CHAPTER 42, ZONING TO AMEND THE PERMITTED USES OF
THE RP RESEARCH PARK DISTRICT
THE TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1. Article III, Division 11, RP Research Park
Districts, Section 42-452 Purpose and intent, of the
Bloomfield Charter Township Code, is hereby amended to read as
follows:
The RP Research Park Districts as herein established are
intended to provide for a community of research, technical,
office, service, training uses and related facilities and to
exclude therefrom-incongruous uses. This area is further
designed to insure the compatibility between the research
operations therein and the existing activities and character
of the community in which the park is located. The District is
specifically intended to prohibit commercial establishments of
a retail nature or other activities which require constant
short-term parking and traffic from the general public which
could reasonably be located in designated commercial areas
elsewhere in the community, such as banks or real estate
offices or other similar uses.
Section 2. Article III, Division 11, RP Research Park
Districts, Section 42-453 Principal uses permitted, of the
Bloomfield Charter Township Code, is hereby amended to read as
follows:
Sec. 42-453. Principal uses permitted.
In a RP Research Park District the use of land, the
location and erection of new buildings, or structures, and the
alteration, enlargement, and moving of existing buildings or
structures from other locations and/or districts shall conform
to the following specified uses, unless otherwise provided in
this Ordinance:
(1) Any use charged with the principal function of basic
research, design, and pilot or experimental product
development.
(2) Any use charged with the principal function of
technical training.
(3) Sales as an adjunct use to the principle use only.
(4) Office buildings for any of the following type uses:
executive, administrative, accounting, data processing and
computer centers, clerical, graphic, drafting or sales, and
other general service/office uses, such as insurance, or
other similar uses.
(5) Hospital and clinics.
(6) In those instances wherein a parcel of land within a
Research Park District has a common boundary with a
Residential District, a church, hospital, clinic,
convalescent home and/or office uses not incident to the
research use, shall be permitted on said parcel within the
Research Park District as to serve as a further transition
with the abutting Residential District, and shall be subject
to the standards set forth for these uses, in Sections
42-180, 42-205, 42-406, and 42-453.
(7) Signs shall comply with requirements provided in
Section 42-568.
(8) Automobile off-street parking shall be provided as
required in Section 42-560.
(9) Accessory uses customarily incidental to the above
permitted uses, such as wholesale activities, warehouses,
and light industrial operations.
Section 3. Article III, Division 11 RP Research Park
Districts, Section 42-454 Uses permitted after review and
approval, of the Bloomfield Charter Township Code, is hereby
amended to read as follows:
Sec. 42-454. Uses permitted after review and approval.
The following uses shall be permitted after review and
approval of the site plan by the Planning Commission subject
to the conditions hereinafter imposed for each use:
1. Restaurants or other places serving food and/or
beverages except those having the character of an open
front store or a drive-in.
2. New car sales agencies when such agencies are
developed as a planned center or complex specializing in
new car sales and consisting of more than two individual
franchised new car agencies subject further to the
following conditions:
a. The minimum lot area shall be ten (10) acres and
so arranged that ample space is available for motor
vehicles, which are required to wait or be stored or
parked.
b. Uses normally accessory to new car sales
establishments such as major engine repair or
rebuilding, body repair, painting, and undercoating
shall be permitted, provided such uses are clearly
subordinate and incidental to the principal use and
provide further that such uses shall be conducted
within a completely enclosed building.
c. Outdoor sales space for used motor vehicles
shall be permitted as an accessory use to the
principal uses of new car sales subject to the
requirements of Section 42-339 (1). Establishments
principally or solely for the sale of used vehicles
shall be prohibited.
3. Fully enclosed industrial operations involving the
manufacturing, processing, assembling or packaging of
finished or semi-finished products from previously
prepared material subject to the following conditions:
a. Industrial developments shall be permitted only
as part of a "Planned Industrial Park," consisting of
at least fifteen (15) acres and being platted and
developed in at least five (5) individual sites having
an internal service road system with the following
setback considered as minimum:
Minimum Controlling
Setback Footnote
(in feet) (Sec. 42-527)
Yard 40
Front Yard (abutting internal street) 40
Front Yard (abutting major thoroughfare) 40
Side Yard (abutting internal street) 40 (m)
Side Yard (abutting major thoroughfare) 40 (m)
Side Yard (internal between buildings) Equal to
Bldg. Height (m)
Rear Yard (external abutting residence) 50 (n)
b. The industrial operation shall not include any
stamping or grinding in the preparation of the product
unless it is incidental to the primary use.
c. The processing of material for shipment in bulk
form, to be used in an industrial operation at another
location, shall not be permitted.
d. Open storage shall not be permitted.
e. A twenty (20) foot greenbelt shall be provided
on those sides of the property abutting land zoned for
residential use and shall be set aside as a dedicated
easement for greenbelt purposes. The greenbelt shall
be reviewed and approved by the Planning Commission in
conformity with the requirements of Section 42-565.
f. Accessory structures and uses customarily
incidental to the above permitted uses.
Medical office, therapy or health facility.
Recreation uses, including but not limited to sports
facilities, clubs, recreational and community center
buildings, and dance and exercise studios.
Section 4. Repealer.
All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this
Ordinance full force and effect.
Section 5. Savings.
All proceedings pending and all rights and liabilities
existing, acquired or incurred at the time this Ordinance
takes effect, are saved and may be consummated according to
the law when they were commenced.
Section 6 Severability.
If any section, clause or provision of this Ordinance shall
be declared to be unconstitutional, void, illegal or
ineffective by any Court of competent jurisdiction, such
section, clause or provision declared to be unconstitutional,
void or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and
be in full force and effect.
Section 7. Effective Date.
The provisions of this Ordinance are hereby ordered to take
effect immediately upon publication in the manner prescribed
by law.
Section 8. Adoption.
This Ordinance is hereby declared to have been adopted by
the Township Board of the Charter Township of Bloomfield at a
meeting thereof duly called and held on the ____ day of
__________, 2007, and ordered to be given publication in the
manner prescribed by law.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #5 Introduction of Ordinance 590, Zoning Ordinance
Amendment to Establish Regulation for Wind Energy Systems
The Township has received inquiries regarding wind energy
systems and there are only a few ordinances within other
municipalities that address these structures. An ordinance
establishing guidelines will also assist the Planning
Commission during reviews.
MOTION by Barnett and SUPPORT by Stefanes to APPROVE the
Introduction of Ordinance 590, Zoning Ordinance Amendment to
Establish Regulation for Wind Energy Systems.
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. 590
An Ordinance to Amend the Code of Ordinances of
Bloomfield Township Chapter 42 Zoning
to Regulate the Installation and Operation
of a Residential Use and Commercial Wind Energy System.
THE TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1. Article I, Section 42-3 Definitions of the
Bloomfield Charter Township Code, is hereby added to read as
follows:
Anemometer, means a device to measure wind speed.
Blade, means the aerodynamic surface that catches the wind.
Height, wind energy system, means the distance between the
ground at the base of the wind energy system and the highest
point of the wind energy system with the blade in the
uppermost vertical position.
Rotor, means the rotating part of a wind turbine – either
the blades and blade assembly, or the rotating portion of a
generator.
Shadow Flicker, means the alternating changes in light
intensity caused by the moving blade of a wind energy system
casting shadows on the ground and stationary objects, such as
a window at a dwelling.
Wind energy system, means a wind energy conversion system
that converts wind energy into electricity through the use of
wind turbine generator and includes the turbine, blades, and
tower as well as related electrical equipment. This does not
include wiring to connect the wind energy system to the grid.
For purposes of this Chapter, the term wind energy system
shall include an anemometer tower or wind turbine generator
tower.
Section 2. Article III, Division 2, R-1 through R-3
One-Family Residential Districts, Section 42-180. Principal
Uses permitted subject to special conditions, of the
Bloomfield Charter Township Code, is hereby added to read as
follows:
(10) Residential wind energy system
One residential wind energy system.
A residential wind energy system shall be for the primary
purpose of serving the residential lot. The commercial sale of
surplus energy is prohibited.
The minimum site area for a residential wind energy system
shall be five (5) acres.
The maximum residential wind energy system shall be the
minimum height necessary or reasonable to serve its intended
function or no more than one hundred (100) feet, whichever is
less.
A residential wind energy system shall be setback from any
property line a minimum distance equal of six (6) times the
height of the wind energy system.
A residential wind energy system shall comply with all of
the conditions as set forth in Section 42-481 as applicable,
unless otherwise noted in this section.
Section 3. Article III, Division 12, ML Light
Manufacturing Districts, Section 42-481. Area and
bulk requirements renumbered to Section 42-482, and Section
42-481 principal uses permitted subject to special conditions,
of the Bloomfield Charter Township Code is hereby amended to
insert a new Section 42-481 to read as follows:
Section 42-481. Principal Uses permitted Subject to Special
Conditions:
The following use shall be permitted after review and
approval of the site plan by the Planning Commission subject
to conditions hereafter imposed:
(1) One residential wind energy system, intended to
primarily serve the needs of the site, unless otherwise
provided, shall comply with all of the following
standards:
Sufficient Wind Resources.
The proposed site shall have documented annual wind
resources sufficient for the operation of the proposed
wind energy system provided, however, this standard shall
not apply to an anemometer tower. No wind energy system
shall be approved without submission of a wind resource
study documenting wind resources on the site over a
minimum of one year. Said study shall indicate the
long-term commercial economic viability of the project.
The commercial sale of surplus energy is prohibited. The
Township may retain the services of an independent,
recognized expert to review the results of the wind
resource study prior to acting on the application for a
special use permit.
Minimum Site Area.
The minimum site area for a wind energy system shall be
a minimum of five (5) acres, subject to meeting the
required setbacks and any other applicable standards of
this ordinance.
Setbacks.
Each proposed wind energy system shall meet the
following applicable setback requirements:
i. Each wind energy system shall, in all cases, be
setback from property lines, public or private road
right-of-way, or easement, a minimum distance of six
(6) times the height of the wind energy system, or
greater if data provided by the applicant and prepared
by a qualified professional demonstrates any potential
blade and ice throw may cross the property line. The
data shall also demonstrate sound levels will not
exceed 65 decibels on the DB(A) scale at the property
line from the proposed setback. Data provided shall be
specific to the proposed tower in the proposed
location taking into consideration prevailing winds,
topography, existing vegetation, and other relevant
factors.
ii. Adjacent wind energy system locations must be
spaced at least one-half (1/2) mile apart.
Maximum Height.
iii. The maximum wind energy system height shall be
150 feet.
iv. The Planning Commission may approve an
increased height for a wind energy systems, not to
exceed 200 feet, if the increased height will result
in the preservation of a substantial stand of trees,
existing land forms or structures that would otherwise
be removed to increase wind velocity.
v. The increased height will not result in
increased intensity of lighting on the tower due to
FAA (Federal Aviation Association) requirements.
Minimum Rotor Wind Vane or Blade Clearance.
The lowest point of the arc created by a rotating
wind vane or blade on a wind energy system shall be no
less than twenty (20) feet. The Planning Commission may
require additional clearance if potential safety
concerns are identified.
Maximum Noise Levels.
Any proposed wind energy system shall produce sound
levels that are no more than sixty-five (65) decibels as
measured on the dB(A ) scale at the property lines of the
site in question. A noise report shall be submitted with
any application for a wind energy system. A noise report
shall be prepared by a qualified professional and shall
include the following, at a minimum.
vi. A description and map of the project’s noise
producing features, including the range of noise levels
expected, and the basis of the expectation.
vii. A description and map of the noise sensitive
environment, including any sensitive noise receptors, i.e.
residences, hospitals, elder care developments, libraries,
schools, places of worship, parks, areas with outdoor
workers and other facilities where quiet is important or
where noise could be a nuisance within two (2) miles of
the proposed facility.
viii. A survey and report prepared by a qualified
engineer that analyzes the preexisting ambient noise
(including seasonal variation) and the affected sensitive
receptors located within two (2) miles of the proposed
project site. Potential sensitive receptors at relatively
less windy or quieter locations than the project shall be
emphasized and any problem areas identified;
ix. A description and map of the cumulative noise
impacts with any problem areas identified
x. A description of the project’s proposed noise
control features and specific measures proposed to
mitigate noise impacts for sensitive receptors as
identified above to a level of insignificance.
Maximum Vibrations.
Any proposed wind energy system shall not produce
vibrations humanly perceptible beyond the property on
which it is located.
Transmission Lines.
The on-site electrical transmission lines connecting
the wind energy system to the public utility electricity
distribution system shall be located underground.
Interference with Residential Reception.
Any wind energy systems shall be constructed and
operated so that they do not interfere with television,
microwave, navigational or radio reception to neighboring
areas.
Landscaping.
Each proposed wind energy system shall meet the
following landscaping requirements; provided, however, the
Planning Commission may reduce such requirements if it
finds that because of the remote location of the site, or
other factors, the visual impact of the wind energy system
would be minimal.
xi. For any wind energy system, a landscaping strip
shall be provided along the property perimeters adjacent
to roadways. Such landscaping shall be designed to obscure
year-round the view of the wind energy system from the
roadway. Where deemed appropriate by the Planning
Commission, additional landscaping along the property
perimeter shall be provided to screen the wind energy
system from existing or future residential land uses.
Existing natural vegetation may fulfill this requirement
in whole or in part upon Planning Commission approval.
xii. Existing natural landforms on the site which
effectively screen the wind energy system from adjacent
residential property used for residential purposes shall
be preserved to the maximum extent possible.
xiii. To ensure compliance with these landscaping
standards, the Planning Commission may require additional
landscaping on the site after the installation of the wind
energy system.
State or Federal Requirements.
Any proposed wind energy system shall meet or exceed
any standards and regulations of the FAA (Federal Aviation
Association), the Michigan Public Service Commission,
National Electric Safety Code, and any other agency of the
state or federal government with the authority to regulate
a wind energy system or other tall structures in effect at
the time the special use permit is approved.
l. Soil Conditions.
A proposal for any wind energy system shall be
accompanied by a report of the soils present on the site
based on soil boring, and a description of the proposed
foundation size, materials, and depth. Such foundation
shall be installed below plow depth to allow for feasible
future reuse of the land unless the applicant provides a
financial assurance that the foundation will be removed in
the event that the tower is removed. Stormwater run off
and soil erosion measures shall be installed in
conformance with the Township Code.
m. Aesthetics and Lighting.
Any proposed wind energy system shall meet the
following requirements:
xiv. Each wind energy systems shall either maintain a
galvanized steel finish or, subject to any applicable
standards of the FAA, be painted a neutral color so as to
reduce visual obtrusiveness.
xv. Each wind energy system, including turbine
generator and all accessory structures, shall, to the
extent possible, use materials, and colors that will blend
them into the natural setting and surrounding buildings. A
medium gray shade is the preferred color for any wind
energy system; however, the Planning Commission may
approve an alternate color if the facility is suspected to
be located within an avian migratory route or if an
alternate color would otherwise benefit the community.
xvi. Each wind energy system shall not be artificially
lighted, unless required by the FAA or other applicable
governmental authority. If lighting is required, the
lighting alternatives and design chosen;
1. Shall be the lowest intensity allowable under FAA
regulations.
2. Shall not be strobe lighting or other intermittent
white lighting fixtures, unless expressly required by
the FAA. Such intermittent lighting shall be alternated
with steady red lights at night if acceptable to the
FAA.
3. May be a red top light that does not pulsate or
blink. All tower lighting required by the FAA shall be
shielded to the extent possible and acceptable to the
FAA to reduce glare and visibility from the ground.
4. Where acceptable to the FAA, the Township will
approve white lights over red lights, and steady lights
over strobed or intermittent lights.
5. Each wind energy system shall be sited on the
property in a location that reduces to the maximum
extent possible any adverse impacts on significant view
corridors from adjacent properties, while at the same
time maintaining contact with economically viable wind
resources. A visual simulation model is required to
assess the visual impacts.
6. Each wind energy system shall be a monopole or
monotube-style construction (as distinguished from a
lattice-style tower) and shall not utilize guy wires.
iv. The Planning Commission may require design changes
in order to lessen the visual clutter associated with the
siting of a wind energy system.
Sign.
A sign no more than four (4) square feet in area
displaying an address and telephone number for emergency
calls and informational inquiries shall be posted at the
wind energy system erected prior to a wind turbine
generator. The emergency telephone number shall allow a
caller to contact a responsible individual to address
emergencies at any time during or after regular business
hours, on weekends or holidays. No wind energy systems or
site shall include any advertising sign.
Shadow Flicker.
The applicant shall provide a shadow flicker model for
any proposed wind energy systems. The model shall:
Map and describe within a one-mile radius of the
proposed project site the topography, existing residences
and location of their windows, locations of other
structures, wind speeds and directions, existing
vegetation and roadways. The model shall represent the
most probable scenarios of wind constancy, sunshine
constancy, and wind directions and speeds;
Calculate the locations of shadow flicker caused by the
proposed project and the expected durations of the flicker
at these locations, calculate the total number of hours
per year of flicker at all locations;
Identify problem areas where shadow flicker will
interfere with existing or future residences and roadways
and describe proposed measures to mitigate these problems,
including, but not limited to, a change in siting of the
facility, a change in the operation of the facility, or
grading or landscaping mitigation measures.
The facility shall be designed such that shadow flicker
will not fall on, or in, any existing dwelling. Shadow
flicker expected to fall on a roadway or a portion of a
residential parcel may be acceptable under the following
circumstances:
a. The flicker will not exceed 30 hours per year; and
The flicker will fall more than 100 feet from an
existing residence;
b. The traffic volumes are less than 500 vehicles per
day on the roadway.
Hazard Planning.
An application for a wind energy system shall be
accompanied by a hazard prevention plan. Such plan shall
address the following at a minimum:
1. Certification that the electrical wiring between the
wind energy system and the utility right-of-way does not
pose a fire hazard.
2. The landscape plan accompanying the application shall
be designed to avoid spread of fire from any source on the
wind energy system; such preventative measures may address
the types and location of vegetation below the wind energy
system and on the site.
3. The following shall be submitted with the application
for a special use permit for a wind energy system;
a. A listing of any hazardous fluids that may be used
on site shall be provided.
b. Certification that the turbine has been designed to
contain any hazardous fluids shall be provided. A
statement certifying that the turbine shall be routinely
inspected to ensure that no fluids are released from the
turbine.
c. A Hazardous Materials Waste Plan shall be provided.
Removal of Abandoned or Unsafe Wind Energy System.
Any wind energy system that is not operated for a
continuous period of twelve (12) months shall be
considered abandoned. Any tower found to be unsafe or not
in compliance with the special land use conditions related
to noise or shadow flicker placed upon it by the Planning
Commission, shall be found to be in violation of the
special land use permit. The owner of any wind energy
system that is abandoned or in violation of the special
land use permit shall remove the same within ninety (90)
days of receipt of notice from the Township of such
abandonment or violation. In addition to removing the wind
energy system, the owner shall restore the site of the
wind energy system to its original condition prior to
location of the wind energy system, subject to reasonable
wear and tear. Any foundation associated with a wind
energy system shall be removed to a minimum depth of five
(5) feet below the final grade and site vegetation shall
be restored. Failure to remove an abandoned wind energy
system within the ninety (90) day period provided in this
subsection shall be grounds for the Township to remove the
wind energy system at the owner’s expense. Any expenses
incurred by the Township including costs and reasonable
attorneys’ fees shall be reimbursed at the Owner’s
expense. The Planning Commission shall require the
applicant to file a bond equal to the reasonable cost of
removing the wind energy system and attendant accessory
structures as a condition of a special use permit given
pursuant to this section.
New Technology.
These regulations pertaining to wind energy system are
intended to respond to equipment available at the time of
adoption. The Township recognizes that this is an emerging
technology and that new means of collecting wind energy
are under development. The Township, therefore, reserves
the right to withhold approval on any wind energy system
utilizing technology and equipment not widely in use as of
and not addressed in this ordinance, pending appropriate
study and, if necessary, alteration of these regulations
pursuant to Section 42-53.
Section 42-482. Area and Bulk Requirements:
See section 42-527 for the schedule of regulations limiting
the height and bulk of buildings.
Section 4. Repealer.
All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this
Ordinance full force and effect.
Section 5. Savings.
All proceedings pending and all rights and liabilities
existing, acquired or incurred at the time this Ordinance
takes effect, are saved and may be consummated according to
the law when they were commenced.
Section 6 Severability.
If any section, clause or provision of this Ordinance shall
be declared to be unconstitutional, void, illegal or
ineffective by any Court of competent jurisdiction, such
section, clause or provision declared to be unconstitutional,
void or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and
be in full force and effect.
Section 7. Effective Date.
The provisions of this Ordinance are hereby ordered to take
effect immediately upon publication in the manner prescribed
by law.
Section 8. Adoption.
This Ordinance is hereby declared to have been adopted by
the Township Board of the Charter Township of Bloomfield at a
meeting thereof duly called and held on the ____ day of
__________, 2007, and ordered to be given publication in the
manner prescribed by law.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #6 Introduction of Ordinance 591, Proposed MX Mixed
Use Overlay District
MOTION by Buckley and SUPPORT by Barnett to APPROVE the
Introduction of Ordinance 591, Proposed MX Mixed Use Overlay
District.
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. 591
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF BLOOMFIELD
TOWNSHIP, CHAPTER 42, ZONING TO ESTABLISH
A MIXED USE OVERLAY DISTRICT
THE TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1. Article III, Division 1, District Regulations,
Section 42-143 Districts, of the Bloomfield Charter Township
Code, is hereby amended to read as follows:
For purposes of this article, the township is hereby
divided into the following districts:
R-1 One-Family Residential District
R-2 One-Family Residential District
R-3 One-Family Residential District
RM Multiple-Family Residential District
PRD Planned Residential District
B-1 Local Business District
B-2Community Business District
B-3 General Business District
B-4 Planned Business District
O-1 Office Building District
OR-1 Office-Retail District
MX Mixed Use Overlay District
RP Research Park District
ML Light Manufacturing District
P-1 Vehicular Parking District
Section 2. Article III, Division 10A, MX Mixed Use Overlay
District, Sections 42-440 through 42-445, of the Bloomfield
Charter Township Code, are hereby added to read as follows:
DIVISION 10A. MX Mixed Use Overlay District
Sec. 42-440 Purpose and intent.
The MX Mixed Use Overlay District is intended to
accommodate a mixture of uses that help support adjacent
commercial uses, add new neighborhood commercial
opportunities, and serve as a transitional use to the nearby
single family residential neighborhoods. Retail uses are
encouraged along street frontages. Residential uses are to be
combined with shopping, restaurant, and office uses to create
compact, pedestrian-friendly developments which integrate well
with adjacent properties.
Applicants may elect to develop under the MX Mixed Use
Overlay District when additional floors, construction of a new
building, or additions which affect the building frontage are
proposed within the boundaries of the MX Mixed Use Overlay
District. The construction activity within the MX Mixed Use
Overlay District shall be required to follow the Site Plan
standards contained in Sec. 42-571
Section 42-441 Principal uses permitted.
In a MX Mixed Use Overlay District, the use of land, the
location and erection of new buildings, or structures, and the
alteration, enlargement, and moving of existing buildings or
structures from other locations and/or districts shall be
limited to those allowed in the underlying zoning district,
unless otherwise specifically provided for herein.
(1) Retail uses, with frontages encouraged at the first
floor level.
(2) Specialty foods, such as ice cream parlors, bakeries,
and coffee shops.
(3) Personal service uses, such as barber and beauty
salons, cleaners and tailors.
(4) Other uses similar to the above uses;
(5) Accessory structures and uses customarily incidental
to the above permitted uses.
(6) Upper stories uses may be commercial, office or
residential uses, provided that:
(i) no commercial or office use shall be located on a
story above a residential use
(ii) a minimum of 50% of the gross square footage of a
third floor shall be dedicated to residential use.
(iii) the third floor shall be set back a minimum of 8
ft. from the exterior wall of the second for all building
elevations fronting on a street.
(7) No dwelling units shall occupy any portion of a
commercial or office building at ground level or below
ground level.
(8) In those instances where a residential use is
proposed to occupy the same floor as an office business, the
Planning Commission shall determine the compatibility of the
residential use and the office business. Such findings may
include:
(i) compatibility of hours of operation
(ii) noise of the operation that would be detrimental
to either use, and excessive foot traffic.
(9) A use, once established, shall not require Planning
Commission review when a change of occupancy occurs,
provided that the same or similar type of use is continued
with the change of occupancy.
Sec. 42-442. Uses permitted after review and approval.
The following uses shall be permitted after review and
approval of the site plan by the Planning Commission subject
to the conditions hereinafter imposed for each use:
(1) Restaurants
(2) Dance and exercise studios.
(3) Medical office, therapy or health facility.
Sec. 42-443 Required conditions.
(a) The maximum overall height shall be no more than 45
feet.
(b) Buildings shall comply with the underlying setback
provisions pursuant to Sec. 42-547 Schedule of Regulations,
except the Planning Commission may:
(1) adjust the required front setback to the match the
front setback of an abutting building.
(2) allow the rear setback reduced or eliminated.
(c) Loading docks and service areas shall be permitted
only within rear yards. Doors for access to interior loading
docks and service areas shall not face a public street.
(d) The orientation of the building shall parallel the
street with a pedestrian entrance provided on the principal
frontage of the building.
(e) Parking requirements shall be determined by a shared
parking plan that incorporates the appropriate parking
ratios for the development as approval by the Township
traffic engineer.
(f) Signage standards.
(1) Signage in the MX Mixed Use Overlay District shall
be integrally designed with the building.
(2) A retail use with frontage on two streets may have
a sign on each street elevation subject to the combined
sign area for both signs do not exceed the total allowed
by the Sec. 568 Signs.
Sec. 42-444 Area and bulk requirements.
(a) The design of buildings and sites shall be regulated
by the provisions of this Division.
(b) The provisions of the overlay zoning district, when
in conflict with other articles of the Zoning Ordinance,
shall take precedence.
(c) The provisions of this article shall specifically
supersede the regulations contained in Sec. 42-527 Schedule
of Regulations.
(d) The provisions of the building regulations in Chapter
10 of the Bloomfield Township Code, when in conflict with
the MX Mixed Use Overlay District, shall take precedence.
Sec. 42-445 – 42-451 Reserved.
Section 3. Repealer.
All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this
Ordinance full force and effect.
Section 4. Savings.
All proceedings pending and all rights and liabilities
existing, acquired or incurred at the time this Ordinance
takes effect, are saved and may be consummated according to
the law when they were commenced.
Section 5 Severability.
If any section, clause or provision of this Ordinance shall
be declared to be unconstitutional, void, illegal or
ineffective by any Court of competent jurisdiction, such
section, clause or provision declared to be unconstitutional,
void or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and
be in full force and effect.
Section 6. Effective Date.
The provisions of this Ordinance are hereby ordered to take
effect immediately upon publication in the manner prescribed
by law.
Section 7. Adoption.
This Ordinance is hereby declared to have been adopted by
the Township Board of the Charter Township of Bloomfield at a
meeting thereof duly called and held on the ____ day of
__________, 2007, and ordered to be given publication in the
manner prescribed by law.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #7 Introduction of Ordinance 592, Amend Zoning Map
to Establish Mixed Use Overlay District
MOTION by Buckley and SUPPORT by Barnett to APPROVE the
Introduction of Ordinance 592, Amend Zoning Map to Establish
Mixed Use Overlay District.
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. 592
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
OF
BLOOMFIELD TOWNSHIP, CHAPTER 42, ZONING TO
amend the
zoning map to ESTABLISH the MX MIXED Use
Overlay District.
THE TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1. Chapter 42, Zoning, Section 42-144 Zoning Maps,
is hereby amended by amending the Zoning Map included therein
and made part thereof, as follows:
To create an overlay zoning designation of MX Mixed Use
Overlay District for the following described properties
located on the southeast corner of West Big Beaver Road and
Woodward Avenue.
19-25-126-001
Site Address - 37000 WOODWARD AVE
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO.
5 PART OF LOTS 1 & 2 DESC AS BEG ON W LINE LOT 1 DIST S
26-11-00 E 14.42 FT FROM NW COR LOT 1, TH N 89-10-00 E ALG S
LINE OF BIG BEAVER RD 410.59 FT, TH S 26-11-00 E 290 FT, TH S
89-10-00 W 410.59 FT, TH N 26-11-00 W ALG W LINE OF LOTS 1 & 2
290 FT TO BEG
19-25-126-002
Site Address - 36880 WOODWARD AVE STE 220
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO.
5 PART OF LOT 2 BEG AT PT DIST N 26-11-00 W 173.42 FT FROM SW
LOT COR, TH N 26-11-00 W 110 FT, TH N 89-10-00 E 410.59 FT, TH
S 26-11-00 E 110 FT, TH S 89-10-00 W 410.59 FT TO BEG
19-25-126-003
Site Address - 36800 WOODWARD AVE
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO.
5 PART OF LOT 2 BEG AT SW LOT COR, TH N 26-11-00 W 173.42 FT,
TH N 89-10-00 E 410.59 FT, TH S 26-11-00 E 181.61 FT, TH N
89-48-40 W 414.14 FT TO BEG
19-25-126-025
Site Address - 36700 WOODWARD AVE
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO 5
LOTS 15 TO 18 INCL
19-25-126-021
Site Address - 50 BIG BEAVER RD W
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO 5
LOT 3 EXC ELY 150 FT MEAS ON N & S LOT LINES, ALSO EXC THAT
PART IN BIG BEAVER RD
19-25-126-023
Site Address -
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO 5
PART OF LOT 2 & PART OF PRIVATE ROADWAY ALL BEING DESC AS BEG
AT PT DIST W 38 FT FROM NE COR OF LOT 2, TH S 00-50-00 E 66.77
FT, TH N 89-46-30 W 335.97 FT, TH N 26-11-00 W 379.24 FT, TH N
89-10-00 E 30 FT, TH S 26-11-00 E 312.42 FT TO SW COR OF LOT
3, TH ELY 337.19 FT ALG SLY LINE OF LOT 3 TO BEG
19-25-126-024
Site Address -
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO 5
PART OF LOT 2 BEG AT SE LOT COR, TH N 89-48-40 W 286.89 FT, TH
N 26-11-00 W 202.37 FT, TH S 89-46-30 E 335.97 FT, TH N
00-50-00 W 66.77 FT TO SLY LINE OF LOT 3, TH N 89-10-00 E 38
FT, TH S 00-50-00 E 248.38 FT TO BEG
19-25-126-022
Site Address - 60 BIG BEAVER RD W
Legal Description: T2N, R10E, SEC 25 SUPERVISOR'S PLAT NO 5
ELY 150 FT OF LOT 3 MEAS ON N & S LOT LINES, EXC THAT PART IN
BIG BEAVER RD
To create an overlay zoning designation of MX Mixed Use
Overlay District for the following described properties
located on the southwest corner of Square Lake Road and
Telegraph Road.
19-08-203-002
Site Address - 1275 SQUARE LAKE RD W
Legal Description: T2N, R10E, SEC 8 REPLAT OF FOREST LAKE
COUNTRY CLUB ESTATES NO. 2 LOT 127
19-08-203-003
Site Address - 1263 SQUARE LAKE RD W STE 101
Legal Description: T2N, R10E, SEC 8 REPLAT OF FOREST LAKE
COUNTRY CLUB ESTATES NO. 2 LOT 126
19-08-227-001
Site Address - 2510 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 8 PART OF NE 1/4 BEG AT
PT DIST S 89-50-55 W 808.95 FT & S 00-09-05 E 33 FT FROM NE
SEC COR, TH S 54-47-08 E 200 FT, TH S 35-12-52 W 100 FT, TH N
69-16-51 W 273.14 FT, TH N 00-09-05 W 100 FT, TH N 89-50-55 E
150 FT TO BEG EXC N 27 FT TAKEN FOR RD 0.76 A
19-08-227-019
Site Address - 2520 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 8 PART OF NE 1/4 BEG AT
PT DIST S 89-50-55 W 958.95 FT & S 00-09-05 E 133.00 FT FROM
NE SEC COR, TH S 69-16-51 E 273.14 FT, TH N 35-12-52 E 100.00
FT, TH S 51-14-09 E 130.00 FT, TH S 28-00-24 W 197.57 FT, TH S
89-53-22 W 342.02 FT, TH N 02-12-32 E 272.00 FT, TH S 87-47-28
E 9.81 FT TO BEG 2.00 A
19-08-227-020
Site Address - 2550 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 8 PART OF NE 1/4 BEG AT
PT DIST S 01-51-19 E 582.67 FT & S 88-08-41 W 33.00 FT FROM NE
SEC COR, TH S 89-53-22 W 1007.28 FT, TH N 02-12-32 E 549.40
FT, TH N 89-50-55 E 60.75 FT, TH S 00-09-05 E 100.00 FT, TH S
69-16-51 E 273.14 FT, TH N 35-12-52 E 100.00 FT, TH S 54-47-08
E 749.64 FT TO BEG EXC N 27 FT TAKEN FOR SQUARE LAKE RD, ALSO
EXC NELY PART TAKEN FOR TELEGRAPH RD, ALSO EXC BEG AT PT DIST
S 89-50-55 W 958.95 FT & S 00-09-05 E 133.00 FT FROM NE SEC
COR, TH S 69-16-51 E 273.14 FT, TH N 35-12-52 E 100.00 FT, TH
S 51-14-09 E 130.00 FT, TH S 28-00-24 W 197.57 FT, TH S
89-53-22 W 342.02 FT, TH N 02-12-32 E 272.00 FT, TH S 87-47-28
E 9.81 FT TO BEG 4.41 A
19-08-227-003
Site Address - 2600 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 8 PART OF NE 1/4 BEG AT
PT DIST S 00-01-38 E 800.44 FT & S 89-53-53 W 33.00 FT FROM NE
SEC COR, TH S 89-53-53 W 1016.56 FT, TH N 02-15-25 E 217.79
FT, TH N 89-53-22 E 933.84 FT, TH S 51-11-40 E 63.17 FT, TH S
28-08-12 E 52.70 FT, TH S 00-01-38 E 131.55 FT TO BEG 5.00 A
To create an overlay zoning designation of MX Mixed Use
Overlay District for the following described properties
located on the southeast and southwest corners of Long Lake
Road and Telegraph Road.
19-16-301-001
Site Address - 4025 ANDOVER RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 24
19-16-301-002
Site Address - 1145 LONG LAKE RD W STE 200
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES W
80 FT OF LOT 23
19-16-301-035
Site Address - 1133 LONG LAKE RD W
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 22, ALSO LOT 23 EXC W 80 FT, ALSO N 6 FT OF W 68.68 FT OF
LOT 27
19-16-301-038
Site Address - 1109 LONG LAKE RD W
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOTS 20 & 21, ALSO N 6 FT OF E 50 FT OF W 118.68 FT OF LOT 27
11-21-06 FR 005 & 036
19-16-301-006
Site Address -
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 19
19-16-301-007
Site Address - 1079 LONG LAKE RD W -1087
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOTS 17 & 18
19-16-301-008
Site Address - 1075 LONG LAKE RD W
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 16
19-16-301-037
Site Address - 4036 TELEGRAPH RD #201
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOTS 11 TO 15 INCL 4-24-02 FR 017 & 018
19-16-301-019
Site Address - 4066 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOTS 9 & 10
19-16-301-020
Site Address - 4080 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOTS 7 & 8
19-16-301-028
Site Address - 4100 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 6
19-16-301-033
Site Address - 4110 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES N
34 FT OF LOT 4 & ALL OF LOT 5
19-16-301-034
Site Address - 4130 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES N
20 FT OF LOT 3 & S 66 FT OF LOT 4
19-16-301-027
Site Address - 4190 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOTS 1, 2 & S 80 FT OF LOT 3 EXC THAT PART IN TELEGRAPH RD,
ALSO ALL OF LOT 31
19-16-301-016
Site Address - 4200 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 32
19-16-301-014
Site Address -
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 30
19-16-301-013
Site Address - 4151 DUBLIN DR
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 29
19-16-301-012
Site Address - 4145 DUBLIN DR
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 28
19-16-301-032
Site Address - 4111 ANDOVER RD E
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES E
1/2 OF LOT 26, ALSO LOT 27 EXC N 6 FT OF W 118.68 FT
19-16-301-031
Site Address - 4111 ANDOVER RD W
Legal Description: T2N, R10E, SEC 16 DEVON HILLS ESTATES
LOT 25, ALSO W 1/2 OF LOT 26
19-16-326-019
Site Address - 4009 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 PART OF E 1/2 OF SW
1/4 BEG AT INTER OF SLY LINE OF LONG LAKE RD & ELY LINE
TELEGRAPH RD, TH SLY ALG ELY LINE TELEGRAPH RD 150 FT, TH ELY
185 FT, TH NLY 150 FT TO SLY LINE LONG LAKE RD, TH W 185 FT TO
BEG, EXC W 54 FT TAKEN FOR RD WIDENING
19-16-326-020
Site Address - 4025 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 PART OF E 1/2 OF SW
1/4 BEG AT PT DIST N 88-27-30 W 1106.96 FT FROM CEN OF SEC, TH
N 88-27-30 W 105.84 FT, TH S 01-56-14 E 33 FT, TH ELY ALG SLY
LINE LONG LAKE RD 90.84 FT, TH S 150 FT, TH W 131 FT TO ELY
LINE TELEGRAPH RD AS WIDENED, TH SLY ALG SD ELY LINE 87 FT, TH
S 88-17-30 E 146.66 FT, TH N 01-32-30 E 270 FT TO BEG
19-16-326-002
Site Address - 865 LONG LAKE RD W
Legal Description: T2N, R10E, SEC 16 PART OF E 1/2 OF SW
1/4 BEG AT PT DIST N 88-27-30 W 806.96 FT & S 01-32-30 W 60 FT
FROM CEN OF SEC, TH S 01-32-30 W 550 FT, TH N 88-27-30 W
501.50 FT, TH N 01-41-00 E 35 FT, TH S 88-27-30 E 466.41 FT,
TH N 01-32-30 E 150 FT, TH N 88-27-30 W 466.04 FT, TH N
01-41-00 E 155 FT, TH S 88-27-30 E 200.66 FT, TH N 01-32-30 E
210 FT, TH S 88-27-30 E 300 FT TO BEG, EXC W 54 FT TAKEN FOR
TELEGRAPH RD WIDENING
19-16-326-004
Site Address - 4101 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 PART OF E 1/2 OF SW
1/4 BEG AT PT DIST N 88-27-30 W 841.96 FT & S 01-32-30 W 425
FT FROM CEN OF SEC, TH S 01-32-30 W 50 FT, TH N 88-27-30 W
466.17 FT, TH N 01-41-00 E 50 FT, TH S 88-27-30 E 466.04 FT TO
BEG, EXC W 54 FT TAKEN FOR TELEGRAPH RD WIDENING
19-16-326-005
Site Address - 4107 TELEGRAPH RD
Legal Description: T2N, R10E, SEC 16 PART OF E 1/2 OF SW
1/4 BEG AT PT DIST N 88-32-30 W 841.96 FT & S 01-32-30 W 475
FT FROM CEN OF SEC, TH S 01-32-30 W 100 FT, TH N 88-27-30 W
466.41 FT, TH N 01-41-00 E 100 FT, TH S 88-27-30 E 466.17 FT
TO BEG, EXC W 54 FT TAKEN FOR TELEGRAPH RD WIDENING
19-16-326-090
Site Address - 4113 TELEGRAPH RD #A-113
Legal Description: T2N, R10E, SEC 16 OAKLAND COUNTY
CONDOMINIUM PLAN NO 54 DEVON SQUARE BLDG A
19-16-326-003
Site Address - 825 LONG LAKE RD W
Legal Description: T2N, R10E, SEC 16 PART OF E 1/2 OF SW
1/4 BEG AT PT DIST N 89-02-10 W 517.71 FT FROM CEN OF SEC, TH
S 00-57-50 E 230 FT, TH N 89-02-10 W 289.25 FT, TH N 00-57-50
W 230 FT, TH S 89-02-10 E 289.25 FT TO BEG EXC N 60 FT TAKEN
FOR HWY
19-16-326-021
Site Address -
Legal Description: T2N, R10E, SEC 16 PART OF SW 1/4 BEG AT
PT DIST N 89-02-10 W 377.75 FT FROM CEN OF SEC, TH S 00-57-50
W 164 FT, TH N 89-02-10 W 139.96 FT, TH N 00-57-50 W 167 FT,
TH S 89-02-10 E 139.96 FT TO BEG 0.53 A ASSESSED WITH OAKLAND
COUNTY CONDOMINIUM PLAN NO 30 WILLOWAY
19-16-326-022
Site Address - 801 LONG LAKE RD W APT A-6
Legal Description: T2N, R10E, SEC 16 OAKLAND COUNTY
CONDOMINIUM PLAN NO 30 WILLOWAY BLDG A, APT 1
19-16-327-002
Site Address - 4043 WILLOWAY PLACE
Legal Description: T2N, R10E, SEC 16 OAKLAND COUNTY
CONDOMINIUM PLAN NO 418 WILLOWAY PLACE UNIT 1, BLDG 1
Section 2. Repealer.
All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this
Ordinance full force and effect.
Section 3. Savings.
All proceedings pending and all rights and liabilities
existing, acquired or incurred at the time this Ordinance
takes effect, are saved and may be consummated according to
the law when they were commenced.
Section 4 Severability.
If any section, clause or provision of this Ordinance shall
be declared to be unconstitutional, void, illegal or
ineffective by any Court of competent jurisdiction, such
section, clause or provision declared to be unconstitutional,
void or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and
be in full force and effect.
Section 5. Effective Date.
The provisions of this Ordinance are hereby ordered to take
effect immediately upon publication in the manner prescribed
by law.
Section 6. Adoption.
This Ordinance is hereby declared to have been adopted by
the Township Board of the Charter Township of Bloomfield at a
meeting thereof duly called and held on the ____ day of
__________, 2007, and ordered to be given publication in the
manner prescribed by law.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #8 Introduction of Ordinance 593, Code of
Ordinances Amendment
When codification of the Township’s ordinances was
completed, three were missed due to a publisher’s error. This
ordinance will correct the oversight.
MOTION by Savoie and SUPPORT by Stefanes to APPROVE the
Introduction of Ordinance 593, Code of Ordinances Amendment.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
ORDINANCE NO. 593
AMENDMENT TO CODE OF ORDINANCES ADOPTING ORDINANCE
AN ORDINANCE TO AMEND ORDINANCE NO. 586 ENACTING A CODE OF
ORDINANCES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD, WHICH
INCLUDES REPEALING, REVISING, AMENDING, RESTATING, CODIFYING,
AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE
CHARTER TOWNSHIP OF BLOOMFIELD; PROVIDING FOR A PENALTY FOR
VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH
CODE; AND, PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE.
THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1 of Ordinance. Purpose and Intent.
It appearing to the Township that subsequent to the
adoption of Ordinance 586, the Code of Ordinances Adopting
Ordinance, that due to a publisher’s error that three (3)
ordinances were missing from the Code of Ordinances set forth
in Ordinance 586, those ordinances being No. 257, Disorderly
Persons on School Grounds, No. 548, Nudity, and No. 549,
Ticket Scalping.
Now, therefore, be it resolved by the Charter Township of
Bloomfield that Ordinance No. 586 be amended so as to include
Ordinance Nos. 257, 548 and 549 as part of the Code of
Ordinances adopting Ordinance.
Section 2 of Ordinance.
Other than as set forth herein Ordinance No. 586 is
reaffirmed and adopted except as amended by this ordinance in
every respect.
Section 3 of Ordinance. Severability.
Should any section, subdivision, clause, or phrase of this
Ordinance be declared by the courts to be invalid, the
validity of the ordinance as a whole, or in part, shall not be
affected other than the part invalidated.
Section 4 of Ordinance. Effective Date.
This ordinance shall take effect immediately upon
publication in the manner prescribed by law.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #9 Eastover Farms Sanitary Sewer Extension
MOTION by Barnett and SUPPORT by Devine to APPROVE
Resolution 4 of the Eastover Farms Sanitary Sewer Extension
AND to Call for a Public Hearing of Assessment on October 8,
2007.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
[Eastover Farms Sanitary Sewer Extension]
[Resolution No. 4]
RESOLUTION SETTING PUBLIC HEARING ON SPECIAL ASSESSMENT
ROLL
At a regular meeting of the Board of Trustees (Board) of
the Charter Township of Bloomfield, Oakland County, Michigan,
held at 4200 Telegraph Road, Bloomfield Hills, MI 48303-0489
on September 24, 2007.
R E C I T A T I O N S:
The Township has considered construction of the proposed
improvement described below (the "Project"), and has further
requested the establishment of a special assessment district
to finance and defray the cost of the Project.
The Project includes installation of a 10" public sanitary
sewer extension within portions of the Eastover Farms
Subdivision beginning at Long Lake Road and Greentree Road,
and extending northerly approximately 650 feet, then extending
easterly approximately 350 feet, along Sunnyhill Court to a
terminus manhole, within the public road right-of-way.
The Project is designed and intended to especially benefit
the properties identified in the special assessment district
attached to this Resolution, which shall be designated as
Special Assessment District No. 402 (the "District").
After an initial consideration, the Township Board adopted
its Resolution No. 2 declaring its tentative intent to proceed
with the Project and with the establishment of the District,
and subsequently the Board adopted Resolution No. 3, directing
the Township Assessor to prepare the special assessment roll.
Plans for the Project, the petitions submitted for the
Project, the cost of the Project in the amount of $273,000,
and the special assessment district have been approved by
Resolution of the Township Board, following public hearings.
In accordance with the direction of the Township Board, the
Assessor has prepared a special assessment roll allocating the
total cost of the Project to the property within the District
according to law, and the Assessor has filed such roll with
the Township Clerk;
NOW THEREFORE, be it resolved as follows:
1. A public hearing is hereby set for October 8, 2007, to
be held at the at the Township Hall located at 4200
Telegraph Road, Bloomfield Hills, MI 48303-0489, at which
time and hearing objections may be submitted by any
interested person with respect to the special assessment
roll. The Township Board will review the roll and hear and
consider any objections presented.
At the conclusion of the hearing, if the roll is approved
by Township Board, it may confirm the Special Assessment
District and roll.
Notice of such hearing shall be given by publishing the
notice twice before the hearing in a newspaper having
general circulation in the Township, and by sending by
first-class United States Mail, postage fully prepaid, a
copy of the notice addressed to the record owner or party in
interest in whose name the land in the Special Assessment
District is to be assessed on the Township ’s last preceding
tax assessment roll for Ad Valorem tax purposes which was
reviewed by the Township Board of Review, supplemented by
any subsequent changes in the names or addresses of the
owners or parties listed on such roll. If a record owner's
name does not appear on the township tax assessment records,
then notice shall be given by first-class mail addressed to
the record owner at the address shown by the records of the
county register of deeds. The first publication and the
mailing shall be at least 10 days prior to the date of the
hearing. The notice of hearing shall include a statement
that appearance and protest at the hearing in the special
assessment proceedings is required in order to appeal the
amount of the special assessment to the State Tax Tribunal
and the notice shall further include notice that an owner or
party in interest or his or her agent may appear in person
at the hearing to protest the special assessment or appear
by filing his or her appearance or protest by letter.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
CERTIFICATION
It is hereby certified that the foregoing Resolution is a
true and accurate copy of the Resolution adopted by the
Township Board of the Charter Township of Bloomfield at a
meeting duly called and held on September 24, 2007.
CHARTER TOWNSHIP OF BLOOMFIELD
________________ ____________________________________
Date JANET RONCELLI, Township Clerk
Parcel Nos.
19-12-452-011
19-12-452-012
19-12-476-009
19-12-476-010
19-12-476-013
19-12-476-036
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter
Township of Bloomfield, County of Oakland, Michigan, do hereby
certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held
on September 24, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #10 Consider Placement of Multi-Delinquent Specials
on the December 1, 2007 Tax Roll
MOTION by Buckley and SUPPORT by Stefanes to APPROVE the
Placement of Multi-Delinquent Specials on the December 1, 2007
Tax Roll.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
COLLECTION OF MULTI-DELINQUENT SPECIALS
RESOLUTION 2007
WHEREAS, by the Charter Township of Bloomfield Special
Assessment Billing Resolution adopted on May 27, 2003, the
Board of Trustees for the Charter Township of Bloomfield
authorized the Bloomfield Township Treasurer’s Department to
apply any unpaid special assessments on the respective year’s
winter tax statement that would go delinquent to the Oakland
County Treasurer’s Office for collection if still unpaid by
the respective March 1st cut-off date; and
WHEREAS, certain Special Assessments as outlined on the
files in the Treasurer’s Office are unpaid and past due which
requires collection by placement on the December 2007 Tax Roll
and if still unpaid by March 1, 2008, they will be sent to
Oakland County as delinquent; thus allowing Oakland County to
make Bloomfield Township whole and transferring the collection
responsibility to Oakland County.
THEREFORE BE IT RESOLVED that the Board of Trustees for the
Charter Township of Bloomfield authorizes the Bloomfield
Township Treasurer’s Department to place the delinquent amount
as of September 17, 2007, for unpaid and past due Special
Assessments, on the December 2007 Tax Roll.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township
of Bloomfield, County of Oakland, Michigan, do hereby certify
the forgoing is a true and correct copy of a resolution
adopted by the Board at their regular meeting held on
September 24, 2007.
____________________________
JANET RONCELLI
TOWNSHIP CLERK
ITEM #11 Consider Placement of Delinquent Solid Waste
Accounts on the December 1, 2007 Tax Roll
MOTION by Buckley and SUPPORT by Barnett to APPROVE the
Placement of Delinquent Solid Waste Accounts on the December
1, 2007 Tax Roll.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
COLLECTION OF DELINQUENT SOLID WASTE
ACCOUNTS RESOLUTION 2007
That the Township Treasurer may certify to the Supervisor
of the Township, all delinquent charges and accounts for
services furnished by the Township’s waste hauler, Waste
Management Inc., that were delinquent as of August 1, 2007.
That the Supervisor shall cause said delinquent charges to
be placed upon the December 2007 tax roll against the premises
to which said solid waste collection services were rendered;
and that such charges be collected in accordance with the
provisions provided in Bloomfield Township Ordinance 577.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township
of Bloomfield, County of Oakland, Michigan, do hereby certify
the forgoing is a true and correct copy of a resolution
adopted by the Board at their regular meeting held on
September 24, 2007.
____________________________
JANET RONCELLI
TOWNSHIP CLERK
ITEM #12 Approve December 1, 2007 Millage Rate for the
Bloomfield Village Police Department and Bloomfield Village
Volunteer Fire Department for the Fiscal Year April 1, 2008 –
March 31, 2009
MOTION by Devine and SUPPORT by Buckley to APPROVE the
December 1, 2007 Millage Rate for the Bloomfield Village
Police Department and Bloomfield Village Volunteer Fire
Department for the Fiscal Year April 1, 2008 – March 31, 2009.
Department Millage Rate Taxable Value Revenue
Police 1.143 $347,000,710 $396,622
Fire 0.268 $347,000,710 $ 92,996
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township
of Bloomfield, County of Oakland, Michigan, do hereby certify
the forgoing is a true and correct copy of a resolution
adopted by the Board at their regular meeting held on
September 24, 2007.
____________________________
JANET RONCELLI
TOWNSHIP CLERK
ITEM #13 Approve Payroll and Vouchers
MOTION by Savoie and SUPPORT by Stefanes to APPROVE payroll
and vouchers A002584-A002620; B017460-B017671; E002395-E002410
totaling $14,923,069.94.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
ITEM #14 Public Comment
Brian Wezensky, Troy, Michigan, spoke to the Board
regarding agenda item #5.
Charles Soberman, 3727 Franklin, spoke to the Board
regarding imposing a speed limit on Franklin Rd.
Supervisor Payne advised the Board that the City of
Bloomfield Hills had contacted him regarding the Barton Farm
House. The property will be developed with new residential
homes and the Bloomfield Hills School District is considering
moving the historical building to the Bowers Farm property.
There has been discussion of the Township working with the
Bloomfield Hills School District and city to preserve
historical buildings. This assistance would not always result
in monetary contributions, but simply a spirit of cooperation.
The Board was also brought up-to-date on two other issues:
1) the Bloomfield Park conditional approval and conditions
with the Michigan Department of Transportation (MDOT) 2) the
Birmingham/Bloomfield consolidation of police and fire – a
preliminary report should be available for Board review in
January 2008.
Included in Board Packet: Bloomfield Twp. Police Dept –
August 2007 Monthly Rpt
Bloomfield Twp. Fire Dept – July 2007 Monthly Rpt
TABLED ITEMS: Cost Recovery Resolution
(Tabled Indefinitely)
Meeting adjourned at 9:43 p.m.
Per the Michigan Township Association Record Retention
General Schedule #10, MCL 399.5, the audio recordings of Board
minutes will be destroyed upon approval of the written minutes
of the meeting to which the tapes refer.
____________________________________
Janet M. Roncelli, Bloomfield Township Clerk
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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700
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