Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, OCTOBER 8, 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.

Hearing of Special Assessment: Eastover Farms Sanitary Sewer Extension

The Hearing of Special Assessment opened at 8:05 p.m.

Wayne Domine, Director of Engineering & Environmental, gave the presentation.

The Eastover Farms Sanitary Sewer Extension will service six residents. The Township received five bids for this project; the lowest bid came from Stante’s Excavation Co., Inc.

The project cost will total $273,000.00 amounting to an assessment for each home of $45,500.00. The assessment will not be applied until the time of connection and will utilize a lien agreement form signed by the owner of the property.

John Pantalone, 3340 Sunnyhill Ct., spoke during public comment for the Eastover Farms Sanitary Sewer Extension Hearing of Special Assessment.

The Lakecrest Dr. Sanitary Sewer Public Hearing was closed at 8:13 p.m.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Eastover Farms Sanitary Sewer Extension Special Assessment As Presented and Resolution #5.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

[Eastover Farms Sanitary Sewer Extension]

[Resolution No. 5]

RESOLUTION CONFIRMING 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 October 8, 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 improvements including 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 $273,000.00, 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;

Thereafter, the Township Board adopted its Resolution No. 4, setting a public hearing on the special assessment roll. The hearing duly noticed according to law for the purpose of hearing objections with respect to the assessment roll and held on October 8, 2007, in accordance with the notice.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Township Board has determined that it is satisfied with the special assessment roll; that the proposed assessments are in proportion to the benefits received or to be received as a result of the Project; and that it would be appropriate to approve and confirm the special assessment roll and proceed with the Project.

2. The special assessment roll for Special Assessment District No. 402 in the amount of $273,000 shall be and is hereby adopted and confirmed.

3. The Township Clerk is directed to endorse on the special assessment roll the date of this confirmation, which shall be final and conclusive for the purpose of the Project unless the special assessment is contested in the State Tax Tribunal within the time and manner provided by ordinance and state law.

4. The special assessment against each property within the District shall not become due and owing until such time as the septic sewer system serving each property fails, and the Township determines the property must connect to the public sanitary sewage disposal system. The property owner shall not be required to pay the finance charge on the special assesement which accrued within the special assessment period prior to failure of the septic sewer system serving the property. Such finance charge on the special assessment shall begin to accrue on the date the special assessment becomes due and owing on each property within the District.

5. At time of connection of sewer the property owner and the Township shall enter into an agreement placing a lien on the property for the full assessment period (20 years) for which the Township will not subordinate the transfer of sale of the property.

6. At the time the property within the District connects to the public sanitary sewage disposal system and properly abandons an existing septic sewer system, the special assessment against any property as made on the roll, or any part of such special assessment, may be paid in full on or before 30-days from the date of connection to the public sanitary sewage disposal system (the "Cash Payment Date").

7. Once the special assessment installment period commences in accordance with Paragraph No. 6 above, all amounts of an assessment not paid on or before the Cash Payment Date shall be assessed against each property in the District in approximately equal installments, the first of which shall be due and payable successively in intervals of 12 months from the due date of the first installment.

8. Any portion of an assessment that has not been paid on or before the Cash Payment Date shall bear interest until paid, at a rate equal to six percent (6%) per annum. Interest shall be due on the due date of the principal assessment installment payments, as noted above, commencing on the date the first assessment payment is due, as stated above. If any installment is not paid when due, the installment shall be deemed to be delinquent and a penalty shall be collected at the rate of one percent for each month or fraction of a month that the installment remains unpaid before being reported to the Township Board for reassessment upon the Township tax roll.

9. The Township Clerk is directed to attach her warrant as required by law to the roll and to direct the roll, with her warrant attached, to the Township Treasurer.

10. The Township Treasurer shall collect the special assessments in accordance with the terms of this Resolution, the warrant and the statutes of the State of Michigan.

11. On the first day of July following the date when the installment shall become due, the Township Treasurer shall submit to the Township Board a delinquent special assessment roll for reassessment on the annual Township tax roll.

12. All or any part of the unpaid assessment may be paid at any time with interest accrued through the month in which the payment is made.

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 October 8, 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

SPECIAL ASSESSSMENT DISTRICT

(Properties to be included within the district)

Assessments will not be applied to the property until the property owners connect to the sewer. In addition to the above assessment, the property owner will be required to pay the applicable sewer debt connection charge, presently at $2,000.00, per Township ordinance.

MOTION by Barnett and SUPPORT by Buckley to AWARD the Bid for the Eastover Farms Sanitary Sewer Extension Project to Stante’s Excavation Co., Inc.

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 October 8, 2007.

_____________________

Public Hearing: Forest Lake Outlet Structure Improvement

The Public Hearing opened at 8:15 p.m.

Randy Ford, Engineer, Hubbell, Roth and Clark, Inc., made the presentation.

The project consists of total rehabilitation of the weir. The weir is over 40 years old and is badly in need of replacement. The walls of the structure have deteriorated beyond repair. The proposed plan would also simplify operation, as a crank would be used instead of removing/replacing boards.

The Board approved Resolution No. 2 at their meeting on September 10, 2007. If Resolutions 3 and 4 are approved, a public hearing will be held at the Board meeting on November 13, 2007 to award the bid and confirm assessment roll. Certain West Bloomfield Township residents are also affected by this project and their Board approved these resolutions earlier in the evening.

There were seven residents who spoke to the Board regarding The Forest Lake Outlet Structure:

The Forest Lake Outlet Structure Public Hearing was closed at 8:36 p.m.

MOTION by Barnett and SUPPORT by Buckley to APPROVE Resolution No. 3 for the Forest Lake Outlet Structure Project.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

[Forest Lake Outlet Structure]

[Resolution No. 3]

RESOLUTION DIRECTING ASSESSOR TO PREPARE

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 October 8, 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 the cost of the Project.

The Project includes reconstructing a control structure located on a portion of Lot 36, Indianwood Subdivision, the improvement to be referred to as the Forest Lake Outlet Structure to benefit and provide service to the following properties:

Properties within the Upper Long Lake Lake Board District

Properties within the Lower Long Lake Lake Board District

Properties within the Forest Lake Lake Board.

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. 401 (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.

Plans for the Project, and an adjusted estimate of the cost of the Project in the amount of $114,344.73, have been prepared and notice of public hearing has been given, according to law, to the owners of property in the District to inform them of their opportunity to present comments and objections to the Project, and to the District.

The hearing was duly conducted consistent with the Notice, and the Township Board has determined to proceed with the Project and with the establishment of the District.

NOW THEREFORE, be it resolved as follows:

1. The Township shall proceed with the Project.

2. The plans and specifications prepared for the Project and the adjusted cost estimates are approved following a public hearing.

3. The District shall consist of the properties identified in the special assessment district attached to this Resolution and against which $95,197.41 of the $114,344.73 total cost of the Project shall be assessed, the remaining $19,147.32 to be assessed against a District being established in West Bloomfield Township.

4. The special assessments shall be paid in a one-time installment as specified by the Township Board's Resolution confirming the special assessment roll.

5. The Township Assessor shall prepare a special assessment roll that includes all lots and parcels of land within the District with the names of the respective record owners of each property, if known, and shall also include the total amount to be assessed against each property. The amount to be assessed against each property shall be based upon the proportionate amount of special benefit to be received by each property from the Project. The amount spread in each case shall be based upon the detailed estimate of costs as approved by the Township Board.

6. On or before October　26 2007, the Assessor shall complete the assessment roll and file it with the Township Clerk for presentation to the Township Board, along with his certification that the roll has been made pursuant to law and this Resolution of the Township Board and that, in making the assessment roll, the Assessor has in his best judgment conformed in all respects to the law and the directions contained in this Resolution. Upon receipt, the Township Clerk shall forthwith present the roll and the Assessor’s certification to the Township Board.

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 October 8, 2007.

CHARTER TOWNSHIP OF BLOOMFIELD

________________ _______________________________

Date JANET RONCELLI, Township Clerk

MOTION by Stefanes and SUPPORT by Savoie to APPROVE Resolution No. 4 for the Forest Lake Outlet Structure Project.

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 October 8, 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 reconstructing a control structure located on a portion of Lot 36, Indianwood Subdivision, the improvement to be referred to as the Forest Lake Outlet Structure to benefit and provide service to the following properties:

Properties within the Upper Long Lake Lake Board District

Properties within the Lower Long Lake Lake Board District

Properties within the Forest Lake Lake Board.

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. 401 (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 $114,344.73, 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 $95,197.41 of the $114,344.73 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 November　13, 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.

2. At the conclusion of the hearing, if the roll is approved by Township Board, it may confirm the Special Assessment District and roll.

3. 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 October 8, 2007.

CHARTER TOWNSHIP OF BLOOMFIELD

________________ _______________________________

ITEM #1 Approved Board Minutes of September 24, 2007

ITEM #2 Bond Proceeds Investment Proposal – Presented by Edward Schwartz, President, Gregory J. Schwartz and Co.

The Capital Building Program Bonds of $26,000,000.00 would be invested in the following manner:

Money Market Funds - $8,500,000.00

Treasury Bonds - $8,000,000.00

U.S. Government Securities Funds - $8,000,000.00

Bank CDs - $1,500,000.00

Using the above investment strategy, the return would be $863,917.00 between the years 2007-2009.

MOTION by Savoie and SUPPORT by Barnett to ACCEPT the Bond Proceeds Investment Proposal as Presented.

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 October 8, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #3 High Strength Sewer Surcharge Resolution for 2007

This is a yearly resolution and is actually a reduction from last year. This charge is passed on to commercial residents only and is based on the size of the meter in their facility.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the High Strength Sewer Surcharge Resolution for 2007.

WHEREAS, the U.S. District Court in case of U.S.A. v. State of Michigan, No. 77-71100 per Order dated July 27, 1981, ordered the collection effective July 1, 1981, of certain charges as set forth herein; and

WHEREAS, the City of Detroit and the Oakland County Department of Public Works have informed the Township of certain rate decreases for sewage disposal effective October 1, 2007; and

WHEREAS, Section 2.01 (c) of Ordinance No. 158 of the Township of Bloomfield provides that services for which a special rate should be established may be such as established by resolution of the Township Board; and

WHEREAS, it is necessary to levy a high strength surcharge and a nonresidential flow surcharge as defined herein.

NOW, THEREFORE, effective on billings rendered on or after October 1, 2007 the following charges for service shall be made to-wit;

HIGH STRENGTH SURCHARGE

A high strength surcharge shall be levied against industrial and commercial customers contributing sewage to the system with concentration of pollutants exceeding the levels described as follows:

(a) 275 Milligrams per liter (mg/1) of Biochemical Oxygen Demand (BOD)

(b) 350 milligrams per liter (mg/1) of Total Suspended Solids (TTS)

(c) 12 milligrams per liter (mg/1) of Phosphorus (P)

(d) 100 milligrams per liter (mg/1) of Fats, Oils and Grease (FOG)

Total Charge per Pound

Amounts of High Strength Surcharge of Excess Pollutants

Biochemical Oxygen Demand (BDO) $0.268

Total Suspended Solids (TSS) 0.290

Phosphorus (P) 3.703

Fats, Oils and Grease (FOG) 0.201

Normal domestic customers do not contribute sewage with concentrations of pollutants exceeding the above levels, therefore, High Strength Surcharge will not apply to domestic customers. Further, the above High Strength Surcharge shall not apply to restaurants.

The surcharge shall not be based upon the parameters assigned to each user by regulations established by Environmental Protection Agency (EPA) under Water Pollution Control Act of 1972, as amended by (PL 92-500).

B. NON-RESIDENTIAL FLOW SURCHARGE

Non-residential users shall be defined as all users other than structures designed for habitation including but not limited to single family homes, apartment dwellings, condominiums, townhouses and mobile homes.

The Non-residential Flow Surcharge shall be based on the size of the water meter used by the non-residential user of the system in accordance with the following schedule:

Where metered water is not available, an "assigned water meter size" shall be designated based on the current Oakland County Department of Public Works schedule of the unit assignment factors in accordance with the following schedule:

WHEREAS, the foregoing levy of a high strength surcharge and non-residential flow surcharge, as ordered by the U.S. District Court in the case of the

U.S.A. v. State of Michigan, No. 77-711 – per Order dated July 27, 1981, is effective on bills rendered on or after October 9, 2007.

NOW, THEREFORE, BE IT RESOLVED, that the Township Board resolution dated July 24, 2006, related to high strength surcharge and non-residential flow surcharge is hereby rescinded.

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 October 8, 2007.

ITEM #4 Interlocal Agreement for Ballot Layout and Coding Services

MOTION by Barnett and SUPPORT by Devine to APPROVE the Interlocal Agreement for Ballot Layout and Coding Services.

RESOLUTION APPROVING AGREEMENT FOR BALLOT LAYOUT

AND PROGRAMMING SERVICES WITH OAKLAND COUNTY

RECITALS:

The Agreement For Ballot Layout and Programming Services ("Agreement") to which this Resolution is attached, was presented to the Township for approval after it had been approved by the Oakland County Board of Commissioners on September 20, 2007.

IT IS THEREFORE RESOLVED to approve the Agreement to which this Resolution is attached and authorize it to be signed and submitted to the County Clerk on behalf of the Township.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

CERTIFICATION

I hereby certify that this Resolution was adopted by the Board of Trustees of the Charter Township of Bloomfield at a regular meeting held on October 8, 2007.

IN WITNESS WHEREOF, I have signed this Certification on October 10, 2007.

_______________________________

Janet Roncelli, Clerk

Charter Township of Bloomfield

ITEM #5 Consider Adoption of Ordinance 589, Amendment to the RP Research Park District

MOTION by Buckley and SUPPORT by Roncelli to ADOPT Ordinance 589, Amendment to the RP Research Park District.

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.

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.

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 8th day of October 2007, and ordered to be given publication in the manner prescribed by law.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

ORDINANCE 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 an ordinance adopted by the Board at their regular meeting held on October 8, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #6 Consider Adoption of Ordinance 590, Zoning Ordinance Amendment to Establish Regulation for Wind Energy Systems

Treasurer Devine expressed his concerns regarding the height of the structure, fees associated with removing the structure over and above the bond collected and if a lien could be added to the tax roll. Attorney Hampton stated that lien information was not included in the ordinance. It was determined that the ordinance could be adopted now and amended at a later date to include lien information.

MOTION by Devine and SUPPORT by Stefanes to ADOPT Ordinance 590, Zoning Ordinance Amendment to Establish Regulation for Wind Energy Systems.

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 land forms 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 montube-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 8th day of October 2007, and ordered to be given publication in the manner prescribed by law.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

ORDINANCE 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 an ordinance adopted by the Board at their regular meeting held on October 8, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Consider Adoption of Ordinance 591, Proposed MX Mixed Use Overlay District and Ordinance 592, Amend Zoning Map to Establish Mixed Use Overlay District

MOTION by Buckley and SUPPORT by Barnett to ADOPT Ordinance 591, Proposed MX Mixed Use Overlay District.

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:

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 8th day of October 2007, and ordered to be given publication in the manner prescribed by law.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

ORDINANCE 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 an ordinance adopted by the Board at their regular meeting held on October 8, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

MOTION by Barnett and SUPPORT by Savoie to ADOPT Ordinance 592, Amend Zoning Map to Establish Mixed Use Overlay District.

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 88-2