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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

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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