GRAND RAPIDS CHARTER TOWNSHIP REGULAR TOWNSHIP MEETING 1836 EAST BELTLINE N.E. January 6, :00p.m.

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1 1. Pledge of Allegiance. GRAND RAPIDS CHARTER TOWNSHIP REGULAR TOWNSHIP MEETING 1836 EAST BELTLINE N.E. January 6, :00p.m. ADA 2. Brief Public Comment. (Brief 2-3 minutes per person relating to agenda items). *3. Approve minutes of the regular Township Board meeting ofdecember 16, *4. Consider cash disbursements. *5. Consider bills to be paid. *6. Dave Pierangeli will be sworn in as a new trustee. *7. Consider appointments to Personnel Committee and Zoning Board of Appeals. a) David Van Dyke to Personnel Committee b) Beverly Wall as Planning Commission representative to ZBA *8. Consideration of the final preliminary site condominium plan amendments for Sycamore Woods. *9. Consider adoption of Ordinance No. 502 re: rezoning of2333 East Beltline Ave from R-1 to NC PUD. *10. Consideration of approval of the 2015local road projects. 11. Board Comments. 12. Public Comments. (Please limit comments to less than 5 minutes and state your name and address for the recording secretary). 13. Adjournment.

2 GRAND RAPIDS CHARTER TOWNSHIP REGULAR TOWNSHIP BOARD MEETING December 16,2014 A meeting of the Grand Rapids Charter Township Board was called to order at 7:00pm by Supervisor Michael DeVries. The meeting was held in the Township Hall. The following were present: Supervisor Michael DeVries, Clerk Edward Robinette, Treasurer Chris Afendoulis, Trustees Rusty Merchant, Robet1 Roth, David Van Dyke and Lee Van Papering. There were five people in the audience. 1. PLEDGE OF ALLEGIANCE. 2. BRIEF PUBLIC COMMENT. There was no public comment. REQUEST TO AMEND THE ADA: Rusty Merchant, seconded by Lee Van Papering, moved the addition of the purchase of a computer to ltem 7. The motion passed unanimously. Rusty Merchant, seconded by Chris Afendoulis, moved the addition of the purchase of office chairs to the Bills to be Paid. The motion passed unanimously. 3. APPROVE MINUTES OF THE REGULAR TOWNSHIP BOARD MEETING OF DECEMBER 2, Lee Van Papering, seconded by Rusty Merchant, moved approval of the minutes as presented. The motion passed unanimously. 4. CONSIDER BILLS TO BE PAID. Lee Van Papering, seconded by Robert Roth, moved payment of the bills as presented. The motion passed unanimously. 5. CONSIDER ADOPTION OF RESOLUTION IN SUPPORT OF 911 DISPATCH CHANGE. Lee Van Papering, seconded by Robert Roth, moved approval of the Resolution as presented. A roll call vote was taken: AYES: Afendoulis, DeVries, Robinette, Van Papering NAYS: Merchant, Roth, Van Dyke ABSENT: None The Resolution is approved. 6. CONSIDER APPROVAL OF 2015 LAWN SERVICE PROPOSAL. Robert Roth, seconded by Rusty Merchant, moved approval of the proposal as presented. The motion passed unanimously. 7. CONSIDER APPROVAL OF PURCHASE OF A PRINTER AND COMPUTER. Lee Van Papering, seconded by Rusty Merchant, moved approval of the purchase of a printer in an amount not to exceed $ and a computer in an amount not to exceed $ The motion passed unanimously.

3 GRAND RAPIDS TOWNSHIP REGULAR BOARD MEETING DECEMBER 16, 2014 Page 2 of2 8. CONSIDER APPROVAL OF 5 YEAR EXTENSION TO THE WATER & SANITARY SEWER AGREEMENT WITH THE CITY OF GRAND RAPIDS. Lee Van Popering made a motion to table the Extension Agreement until information regarding connection fees is received from the Rate Review Sub Committee of the Utility Advisory Board. The motion to table was approved. 9. CONSIDERATION AND DISCUSSION OF THE RESIGNATION AND REPLACEMENT OF THE TOWNSHIP TREASURER. Rusty Merchant, seconded by Lee Van Popering, moved to accept the resignation of Treasurer Chris Afendoulis. The motion passed unanimously. Rusty Merchant, seconded by Lee Van Popering, moved the appointment of David A. Van Dyke to the office of Treasurer for the remainder ofthe term. The motion passed unanimously. Edward Robinette, seconded by Lee Van Popering, moved appointment of David M. Pierangeli to the office of Trustee for the remainder of the term. The motion passed unanimously. 10. CONSIDER APPROVAL OF THE PURCHASE OF 533 EAST BELTLINE AVE SE. Robert Roth, seconded by Lee Van Popering, moved approval of the Purchase of 533 East Beltline Ave SE in the amount of $100,000, and amend General Fund line item# from 0 to $100,000, as presented. The motion passed unanimously. 11. BOARD COMMENTS: The board expressed their appreciation for the years of service of Chris Afendoulis and wished him well in his new office of State Representative. 12. PUBLIC COMMENTS. There were none. The meeting was adjourned at 7:44 pm. Edward J. Robinette, Clerk GRAND RAPIDS CHARTER TOWNSHIP

4 12/30/ : 25 AM User : BGRISWOLD DB : Grand Rapids To CHECK REGISTER FOR GRAND RAPIDS TOWNSHIP CHECK DATE FROM 12/01/ /31/2014 Page : 1/2 Check Date Bank Check Vendor Vendor Name Amount Bank ERAL CHECKING 12/05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /09/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /19/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ AQUATIC DO CARDMEMBER CENTRAL IN COMCAST CONSUMERS COVERALL GRT GR USDE GREAT LAKE JAGER K C AA KC ROAD CO KCTA LUSCIOUS L MARSHALL & MI ST FIRE MAMC MIKA MEYER OFFICE DEP ORKIN PRIORITY SPECTRUM RE/MAX RE/MAX ABSOPURE APPLIED IM ARGUS COMCAST CE ST LTS DEVRIES ELECTION S EVERKEPT FLEET UINE GR S&W GRAND VALL KCI KC EMS KC TREASUR KCT LAW KENT RECOR KERKSTRA LOWES LUSCIOUS L MARATHON F NFPA BILLI ORKIN PLEUNE RIVER C WI RMC ROBINETTE SPECTRUM SUPERIOR B TDS METROC TENDER LAW ADDORIO ADVANCE ALLEGRA K C AA KC CLERK KC ROAD CO K C TREAS MARSHALL & MOORE & BR OFFICE DEP PRECISION SHELDON SPECTRUM WI ARC OM AMDG ARCHT CANNONS BUR HSBC MENAR CARDMEMBER CATHOLIC COMCAST CONSUMERS CONS LIFE COVERALL AQUATIC DOCTORS LAKE MGMT CARDMEMBER SERVICE CENTRAL INTERCONNECT INC COMCAST CONSUMERS ENERGY COVERALL OF WEST MICHIGAN GRAND RAPIDS CHARTER TWP GRAND RAPIDS CITY TREASURER GREAT LAKES PAVING JAGER APPRAISAL KENT COUNTY ASSESORS ASSOCIATION KENT COUNTY ROAD COMMISS. KENT COUNTY TREAS ASSOC LUSCIOUS LANDSCAPES MARSHALL & SWIFT MI STATE FIREMEN ' S ASSOC. MICHIGAN ASSOC MUNICLERKS MIKA MEYERS BECKETT/JONES OFFICE DEPOT ORKIN INC PRIORITY HEALTH SPECTRUM HEALTH OCCU SVCS RE/MAX SUNQUEST RE/MAX SUNQUEST ABSOPURE WATER CO. APPLIED IMAGING ARGUS-HAZCO COMCAST CONSUMERS ENERGY DEVRIES, MICHAEL ELECTION SOURCE EVERKEPT FLEET SERVICES - WEX BANK UINE PARTS CO-GRAND RA GRAND RAPIDS CITY- WTR SYS GRAND VALLEY METRO COUNCIL KCI KENT COUNTY EMERCY MED KENT COUNTY TREASURER KENT COUNTY TREASURER KENT RECORD MANAGEMENT INC KERKSTRA LOWE ' S LUSCIOUS LANDSCAPES MARATHON FLEET - WEX BANK NFPA BILLING CENTER ORKIN INC PLEUNE SERVICE COMPANY RIVER CITY WINDOW CLEANING LLC RMC INC ROBINETTE, ED SPECTRUM HEALTH OCCU SVCS SUPERIOR BUSINESS SOLUTIO TDS METROCOM TENDER LAWN CARE ADDORIO TECHNOLOGIES LLC ADVANCE NEWSPAPERS ALLEGRA PRINT & IMAGING KENT COUNTY ASSESORS ASSOCIATION KENT COUNTY CLERK KENT COUNTY ROAD COMMISS. KENT COUNTY TREASURER ' S OFFICE MARSHALL & SWIFT MOORE & BRUGGINK OFFICE DEPOT PRECISION DATA PRODUCTS SHELDON CLEANERS SPECTRUM HEALTH OCCU SVCS WI ARC OM AMDG ARCHITECTS INCORPORATED CANNONSBURG WOOD PRODUCTS CAPITAL ONE COMMERCIAL CARDMEMBER SERVICE GR CATHOLIC SECONDARY SCHOOLS COMCAST CONSUMERS ENERGY CONSUMERS LI FE INSURANCE COMPANY COVERALL OF WEST MICHIGAN , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

5 12/30/ :25 AM User : BGRISWOLD DB : Grand Rapids To CHECK REGISTER FOR GRAND RAPIDS TOWNSHIP CHECK DATE FROM 12/01/ /31/2014 Page : 2/2 Check Date Bank Check Vendor Vendor Name Amount 12/30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ /30/ DELL DTE EVERKEPT FEHSENFELD GR S&W JAGER KC DRAIN KC TREASUR KCTA KENTWOOD KUYPER COL LUSCIOUS L MMTA MIKA MEYER MOORE & BR OFFICE DEP PRECISION RADAKO ROB REDLINE EX ROTHLEY R ST OF MIC VERSLUYS R WAM X-CEL DELL MARKETING LP DTE ENERGY EVERKEPT FEHSENFELD, DON GRAND RAPIDS CITY-WTR SYS JAGER APPRAISAL KENT COUNTY DRAIN COMMISS KENT COUNTY TREASURER KENT COUNTY TREAS ASSOC KENTWOOD OFFICE FURNITURE KUYPER COLLEGE LUSCIOUS LANDSCAPES MICHIGAN MUN TREAS ASSOC MIKA MEYERS BECKETT/JONES MOORE & BRUGGINK OFFICE DEPOT PRECISION DATA PRODUCTS RADAKOVITZ, ROBERT REDLINE EXCAVATING ROTHLEY, ROBIN STATE OF MICHIGAN VERSLUYS, ROBERT WESTERN AMERICAN MAILERS X-CEL CHEMICAL SPECIALTIES CO , , , , , , , , , TOTALS : Total of 102 Checks : Less 0 Void Checks: 215, Total of 102 Disbursements: 215,192.23

6 12/16/ : 42 AM INVOICE APPROVAL BY VENDOR REPORT FOR GRAND RAPIDS TOWNSHIP User : BGRISWOLD EXP CHECK RUN DATES 12/19/ /19/2014 DB : Grand Rapids To UN JOURNALIZED BOTH OPEN AND PAID Claimant Amount Claimed Amount Owed Page : 1/1 Amount Rejected 1. ADDORIO TECHNOLOGIES LLC 2. ADVANCE NEWSPAPERS 3. ALLEGRA PRINT & IMAGING 4. KENT COUNTY ASSESORS ASSOCIATION 5. KENT COUNTY CLERK 6. KENT COUNTY ROAD COMMISS. 7. KENT COUNTY TREASURER ' S OFFICE 8. MARSHALL & SWIFT 9. MOORE & BRUGGINK 10. OFFICE DEPOT 11. PRECISION DATA PRODUCTS 12. SHELDON CLEANERS 13. SPECTRUM HEALTH OCCU SVCS 14. WIARCOM ***TOTAL ALL CLAIMS*** , , , , ,

7 12/30/ : 07 AM INVOICE APPROVAL BY VENDOR REPORT FOR GRAND RAPIDS TOWNSHIP User : BGRISWOLD EXP CHECK RUN DATES 12/30/ /30/2014 DB : Grand Rapids To UN JOURNALIZED BOTH OPEN AND PAID Claimant Amount Claimed Amount Owed BD Page : 1/1 Amount Rejected 1. AMDG ARCHITECTS INCORPORATED 2. CANNONSBURG WOOD PRODUCTS 3. CAPITAL ONE COMMERCIAL 4. CARDMEMBER SERVICE 5. COMCAST 6. CONSUMERS ENERGY 7. CONSUMERS LIFE INSURANCE COMPANY 8. COVERALL OF WEST MICHIGAN 9. DELL MARKETING LP 10. DTE ENERGY 11. EVERKE PT 12. FEHSENFELD, DON 13. GR CATHOLIC SECONDARY SCHOOLS 14. GRAND RAPIDS CITY- WTR SYS 15. JAGER APPRAISAL 16. KENT COUNTY DRAIN COMMISS 17. KENT COUNTY TREAS ASSOC 18. KENT COUNTY TREASURER 19. KENTWOOD OFFICE FURNITURE 20. KUYPER COLLEGE 21. LUSCIOUS LANDSCAPES 22. MICHIGAN MUN TREAS ASSOC 23. MIKA MEYERS BECKETT/JONES 24. MOORE & BRUGGINK 25. OFFICE DEPOT 26. PRECISION DATA PRODUCTS 27. RADAKOVITZ, ROBERT 28. REDLINE EXCAVATING 29. ROTHLEY, ROBIN 30. STATE OF MICHIGAN 31. VERSLUYS, ROBERT 32. WESTERN AMERICAN MAILERS 33. X- CEL CHEMICAL SPECIALTIES CO ***TOTAL ALL CLAIMS*** 1, , , , , , , , , , , , , ,

8 MICHAEL J. DEVRIES S UPERVISOR EDWARD J. R O BINETTE CLERK CHRI S AFENDOULIS TREASURER RusTY MERCHANT R obert W. R oth D AVID A. V AN D YKE L EE V AN P OPERING Item# 6 January 6, 2015 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. De Vries Township Supervisor Swearing in of David M. Pierangeli RECOMMENDATION Clerk Robinette will administer the oath of office to Dave Pierangeli as Grand Rapids Charter Township Trustee. BACKGROUND 1836 EAST BELTLINE N.E. GRAND RAPIDS, Ml PHONE: (616) FAX: (616) WEB SITE :

9 MICHAEL J. D E V RIES SuPERVISOR EDWARD J. R OBINETTE CLERK CHRI S AFENDOU LI S T REASURER RusTY MERCHANT R obert W. R oth D AVID A. V AN D YKE LEE V AN P OPER ING Item# 7a January 6, 2015 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor Personnel Committee appointment RECOMMENDATION Consider the appointment of Grand Rapids Township Treasurer, David A. Van Dyke, to the Personnel Committee. BACKGROUND Dave joins Ed Robinette and Bob Roth to fill the vacancy of former Treasurer, Chris Afendoulis EAST BELTLINE N.E. GRAND RAPIDS, Ml PHON E : (616) F AX : (61 6 ) WEB SITE :

10 M ICHAEL J. D E V RIES SUPERV ISOR E DWARD J. R OBINETTE CLERK C HRIS AFENDOULIS T REASURER R usty M ERCHANT R OBERT W. R OTH D AVID A. V AN D YKE L EE V AN P OPERING Item# 7b January 6, 2015 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor Zoning Board of Appeals resignation and appointment RECOMMENDATION Consider acceptance of resignation ofmark Prein as Planning Commission member of the Zoning Board of Appeals, and the appointment of Beverly Wall as the Planning Commission representative to the ZBA. BACKGROUND See attached correspondences EAST BELTLINE N. E. GRAND RAPIDS, M l P HONE: (616) F AX: (616) W EB S ITE:

11 Mike DeVries From: Sent: To: Cc: Subject: Prein, Mark > Tuesday, December 09, :00AM Mike DeVries Kara Hammond ZBA Resignation Mike, This is to confirm our conversation of last week. Due to scheduling conflicts, I am no longer able to serve on the ZBA and by this am confirming my resignation from the position. I intend to stay on the Planning Commission and look forward to my continued involvement with the Township. Sincerely, Mark R. Prein, P.E. Prein&Newhof t f Evergreen Drive NE I Grand Rapids, Ml Website I Blog I Linkedln 1

12 Mike DeVries From: Sent: To: Subject: Beverly Wall Friday, December 19, :17 AM Mike DeVries RE: Special Planning Commission Meeting Would be pleased to serve in that role Beverly Wall, CEO Languages International Inc th Street SE, Suite A1101 Grand Rapids, Ml (616) ; fax (616) WBE Certified na From: Mike DeVries Sent: Friday, December 19, :15AM To: Beverly Wall Cc: Harrall, Wayne Kara Hammond Subject: RE: Special Planning Commission Meeting Thanks Bev and Wayne and I were hopeful that you would consider becoming the P/C rep. to the ZBA because Mark Prien is unable to be available on the 2nd Tuesday of each month. Please let us know. Michael J. DeVries, Supervisor Grand Rapids Charter Township 1836 East Beltline NE Grand Rapids, Ml phone fax mdevries@grandrapidstwp.org From: Beverly Wall [mailto:beverly@lang-int.com] Sent: Friday, December 19, :09AM To: Mike DeVries Subject: RE: Special Planning Commission Meeting I can be there Beverly Wall, CEO Languages International Inc th Street SE, Suite A1101 Grand Rapids, Ml (616) ;fax(616) WBE Certified na~ 1

13 M ICH AEL J. DEVR IES S UPERVISOR E DWARD J. R O BI N ETTE CLERK C HRIS A FENDOU LI S T REASURER R ust Y M ERCHANT R obert W. R oth D AVID A. V AN D YKE L EE V AN P OPERING Item# 8 January 6, 2015 TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Michael J. De Vries Township Supervisor Sycamore Woods site condominium project RECOMMENDATION Consider approval of the attached resolution approving minor amendments and the proposed community sanitary sewer agreement to the final preliminary site condominium plan for Sycamore Woods. BACKGROUND See attached resolution and plan EAST BELTLINE N.E. GRAND RAPIDS, Ml PHON E : (616) F Ax: (616) WEB SITE:

14 CHARTER TOWNSHIP OF GRAND RAPIDS COUNTY OF KENT, MICHIGAN At a regular meeting of the Township Board of the Charter Township of Grand Rapids, held at the Grand Rapids Charter Township Hall, l 836 E. Beltline Avenue, N.E., Grand Rapids, Michigan, on the day of, 2015, at 7:00 p.m. PRESENT: ABSENT: The following preamble and resolution were offered by Member and seconded by Member RESOLUTION APPROVING MINOR AMENDMENTS IN FINAL PRELIMINARY SITE CONDOMINIUM PLAN AND APPROVING PROPOSED COMMUNITY SANITARY SEWER SYSTEM AGREEMENT (Sycamore Woods Site Condominium) WHEREAS, on April 5, 2005, the Township Board approved the Final Preliminary Site Condominium Plan for Sycamore Woods Site Condominium; WHEREAS, on August 17, 2005, the Township entered into an agreement with Sycamore, LLC and Sycamore Woods Condominium Association, with respect to a community sanitary sewer system for Sycamore Woods Site Condominium; WHEREAS, on October 15, 2013, the Township Board adopted a resolution confirming its previous approval of the Final Preliminary Site Condominium Plan and amending the same; WHEREAS, the successor owner of the site condominium is Sycamore Woods, LLC; WHEREAS, Sycamore Woods, LLC has proposed changes in the site condominium and has submitted a revised Final Preliminary Site Condominium Plan and has requested approval thereof, under the terms of Chapter 25 of the Township zoning ordinance; { I}

15 WHEREAS, Sycamore Woods, LLC also requests that the Township enter into a superseding agreement with respect to the community sanitary sewer system for the site condominium; and WHEREAS, the Township Board desires to approve the revised Preliminary Site Condominium Plan and the proposed agreement for the community sanitary sewer system. TT IS, THEREFORE, RESOLVED AS FOLLOWS: I. Changes in Final Preliminary Site Condominium Plan. Upon the terms and subject to the conditions of this resolution, the Township Board hereby approves the revised Final Preliminary Site Condominium Plan submitted by the successor developer, dated, 2014, and determines that the proposed changes are minor under the terms of Section of the zoning ordinance. The changes include: (a) The number of condominium units is being reduced from 41 to 37. (b) The land area occupied by the reduced number of condominium units is approximately the same as the land area occupied by the original units. (c) The dedicated open space within the site condominium is being reduced by a boundary adjustment of the excepted parcel along the west line of Unit 30, such adjustment reducing open space by I,656 feet. Additional open space, in the amount of 6,328 square feet, has been added adjacent to the west line of Unit I, for a net increase in open space of 4,672 square feet. (d) The location of the community sanitary sewage treatment system remains the same as the previous plan. 2. Rescission of Previous Approval for Individual Septic Systems. Under the terms of the October 15, 2013 resolution, the Township Board authorized the installation and use of two individual septic tanks and drain field systems on a temporary basis within the site { I} 2

16 condominium. The successor developer now indicates that all of the dwellings in the site condominium will be connected to the proposed community sanitary sewer system. Accordingly, paragraph 4 of the October 15, 2013 resolution is hereby rescinded. 3. Community Sanitary Sewer System Agreement. The Township Board has reviewed and hereby approves the community sanitary sewer system agreement to be entered into between Sycamore Woods, LLC, Sycamore Woods Condominium Association and the Township, as submitted at this meeting. The agreement supersedes and replaces the former agreement of August 17, The Township supervisor and clerk are hereby authorized to sign the agreement on behalf of the Township. 4. Scope of this Resolution. (a) This resolution amends or otherwise alters the October 15, 2013 Township Board resolution only in the respects specifically stated herein. All other terms of the resolution remain in full force and effect, including the time limitation on commencement of common improvements, as stated in paragraph 6 thereof. (b) This resolution does not cover the proposed first amendment of the master deed of the site condominium which is subject to subsequent approval by the Township attorney, consistent with this resolution. AYES: NAYS: RESOLUTION DECLARED ADOPTED. Township Clerk { I} 3

17 Draft No.1 COMMUNITY SANITARY SEWER SYSTEM AGREEMENT (SYCAMORE WOODS SITE CONDOMINI UM) This Community Sanitary Sewer System Agreement is entered into as of the day of, 2015, by and among Sycamore Woods, L.L.C., a Michigan limited liability company, of 3200 Eagle Park Drive NE, Suite I 05, Grand Rapids, Michigan (the "Developer"); Sycamore Woods Condominium Association, a Michigan nonprofit corporation, of 3200 Eagle Park Drive NE, Suite I 05, Grand Rapids, Michigan, (the "Association"); and Grand Rapids Charter Township, a Michigan charter township, of 1836 East Beltline Avenue NE, Grand Rapids, Michigan (the ' Township"), upon the following terms and conditions: I. Background A. The Developer is developing a residential site condominium known as Sycamore Woods, which will consist of not more than 37 site condominium units, for one single-family detached dwelling each (the "Development"). The Developer is currently the owner of all ofthe lands comprising the Development, such lands being more fully described on attached Exhibit A (the "Premises"). B. The Developer proposes to install a community (non-governmental) sanitary sewer collection and disposal system, shown on attached Exhibit B (the "Sewer System") to serve all of the units of the Development. C. The Association is the assoctatton of co-owners of Sycamore Woods Site Condominium. All parties who acquire ownership of a unit in the Development will be required to be members of the Association under the master deed for the Development. The Association will hold fee simple title to the Sewer System and the lands on or in which it is located, and the Association shall be responsible for the continued maintenance, operation, repair, replacement and improvement of the Sewer System. D. The Developer is required by law to obtain the approval of the Michigan Department of Environmental Quality (MDEQ) for the Sewer System. Under MDEQ Rule ( 4), it is provided that if the owner of a proposed sanitary sewer system is not a governmental agency, the application for an MDEQ permit shall include a resolution from the local governmental body having jurisdiction, stating that the local governmental body has agreed to assume responsibility for the effective and continued operation and maintenance of the proposed sewer system, if the owner thereof fails in any way to carry out these obligations. { I )

18 E. The Developer has requested that the Township adopt a resolution stating that the Township will assume the responsibility for the effective and continued operation and maintenance of the Sewer System if the owner of the Sewer System fails, in any way, to carry out these responsibilities. F. As a condition of the adoption of such a resolution, the Township requires that the Developer and the Association enter into this Agreement, to determine and describe the relative rights, responsibilities and duties of the parties hereto. II. Construction and Operation of the Sewer System A. The Developer agrees to construct or cause to be constructed, at its own cost and expense, the Sewer System on the Premises, at no cost or expense to the Township, in substantial compliance with the plans and specifications for the Sewer System, as described in Exhibit B, prior to the occupancy of any dwelling constructed on any unit ofthe Development. B. The Developer agrees to comply fully with all MDEQ requirements for the construction of the Sewer System, all of the plans and specifications for which are subject to prior approval by MDEQ. C. The Sewer System shall be a general common element of the Development, appurtenant to all of the units, and maintained and operated by the Association, without cost or expense to the Township. The Township shall review all plans and specifications for construction of the Sewer System, and the same shall be subject to Township approval, prior to the issuance of a permit for construction. The master deed for the Development shall include the obligation for all dwellings within the Development to be connected to the Sewer System. D. The Association shall operate, maintain, repair and improve the Sewer System, in a timely and effective manner, consistent with prevailing standards for the operation of sewer systems of similar type and nature. lf the interest of the Association is transferred or conveyed to a successor in interest, such successor shall be equally bound by the terms and provisions of this Agreement, and shall assume all of the Association's responsibilities, as stated herein; provided, however, that neither the Developer nor the Association shall assign all or any part of its interest in the Sewer System to any other party, without the express written approval of the Township prior thereto. E. The Township, by its agents and employees, shall have the right, from time to time, in its sole discretion, to inspect, or cause to be inspected, the Sewer System and all of the components thereof. The cost for any such inspection shall be paid by the Association. F. The Township agrees to accept and be responsible for the effective and continued operation and maintenance of the Sewer System, and the cost and expense thereof, if the Association becomes insolvent or otherwise is unable, or fails, to continue the operation and maintenance of the Sewer System, at any time after its completion. 1. The agreement of the Township to assume such responsibility for the effective and continued operation and maintenance of the Sewer System pertains only to the insolvency or other failure of the Association, and not to any third party assuming an ownership { I } 2

19 interest in the Sewer System, unless such assumption by a third party has specifically been approved by the Township. 2. Any such assumption of responsibility by the Township shall be limited to only the costs and expenses thereof, and not as to any assumption of liability to any third party. 3. In any such assumption of responsibility, the Township shall not accept responsibility for any environmental contamination or pollution of any kind or nature that may exist at the time of any such assumption of responsibility for the continued operation and maintenance of the sewer system. Further, prior to any such transfer of responsibility, the Association shall provide written confirmation by an appropriate professional that, if such is the case, there is no such contamination or pollution on the property, surface waters, ground water, or other natural resources over which the Township would have jurisdiction, in its operation and maintenance of the Sewer System. III. Indemnification A. The Developer, as the current owner of all condominium units in the Development, and the Association, as the entity responsible for maintenance of all general common elements of the Development, agree to indemnify, defend and hold harmless the Township (including Township officers, employees and agents) from and against all liabilities, losses, expenses (including, but not limited to, any expenses incurred by the Township pursuant to the Township performance of the provisions under Section 11 hereof and any and all other expenses incurred by the Township with regard to the Sewer System), damages, fines, penalties, claims, lawsuits and actions brought against the Township (including all related costs, reasonable attorney's fees and expenses) that result, directly or indirectly, from the construction, installation, operation, maintenance, connection or disconnection of the Sewer System, from any di scharge or release from or through the Sewer System of sewage, industrial wastes or other polluted waters, directly or indirectly, to a natural outlet, ground water or watercourse within the Township, and from the discharge, release, placement, depositing or presence of sewage or other effluent waste, contamination or byproduct from the Sewer System on or in the ground. B. The Association agrees to provide the Township with a yearly financial statement, setting forth the estimated cost to operate the Sewer System, based upon then-known facts and figures. Such information shall be provided to the Township not later than 60 days after the expiration of the preceding calendar year. If necessary, the letter of credit described below shall be increased to cover anticipated operating costs of the Sewer System. IV. Lien for Expenses of the Township A. If the Township assumes responsibility for the effective and continued operation and maintenance of the Sewer System or if, for any reason, the Association or the owners of the Premises in any way fail to perform such responsibilities, then the entire expense incurred by the Township, including all liabilities, losses, expenses, damages, fines, penalties, claims, lawsuits, and actions brought against the Township (including all related costs, reasonable attorney's fees and expenses) that result, directly or indirectly, from the construction, installation, operation, maintenance, connection or disconnection of the Sewer System, from a discharge or release from { I } 3

20 or through the Sewer System of sewage, industrial wastes or other polluted waters, directly or indirectly, to a natural outlet, ground water or watercourse within the Township, and from the discharge, release, placement, depositing or presence of sewage or other effluent waste, contamination or byproduct from the Sewer System on or in the ground, shall be a lien of the Township upon the Premises which are served by the Sewer System. B. Such lien, as described above, shall be placed on the property tax assessment roll of the Township for the condominium units in the Development, if the Township is not fully and timely reimbursed for all such costs and expenses within 30 days after the same are incurred by the Township. V. Letter of Credit A. The Developer shall provide to the Township an irrevocable letter of credit, payable to the Township, in the amount of One Hundred Thousand Dollars ($1 00,000), issued by a bank or other financial institution acceptable to the Township. The letter of credit, in form and content satisfactory to the Township, shall be provided to the Township prior to the issuance of any building permit for any dwelling on any unit in the Development. The letter of credit shall provide that the Township may have immediate access to the funds described therein, upon submitting to the issuer a written request for such funds, signed by the Township supervisor, stating only that such funds are needed for the construction, operation or maintenance of the Sewer System. B. The letter of credit shall be renewed prior to any expiration date thereof, and shall continue to be renewed, prior to each expiration date, so that there shall be no period of time during which the letter of credit is not fully effective. C. The letter of credit shall remain in effect so long as this Agreement continues. VI. Sewer System Maintenance and Repair Account A. ln addition to the cash deposit given to the Township by the Developer, the condominium documents shall require the Association to establish a sewer maintenance and repair account (the "Sewer Account") and fund the Sewer Account with assessments of unit owners of at least $15.00 per unit, per month. The Sewer Account shall have on deposit at least $33,000, not later than five years from the date that the master deed is recorded. The Sewer Account shall be an interest bearing account, and shall be held by the Association and used only for Sewer System maintenance and repair. B. There shall be no limit upon the amount of money accumulated in the Sewer Account. lf, at a later time, the Association desires to impose a limit on the amount of funds in the Sewer Account, it may request permission from the Township to do so. These provisions shall be incorporated to the master deed. C. If the Township assumes responsibility for the Sewer System, as provided in this Agreement, the Sewer Account shall automatically be deemed to be transferred to the Township, for the Township's use in its sole discretion, and the Association shall, in that event, sign any documents required to facilitate the transfer. { I ) 4

21 D. During the five-year period noted above, to the extent that the Sewer Account is not fully funded either at the end of the five-year term, or at such earlier time as repairs may be required for the Sewer System, and an amount in excess of the funds in the Sewer Account is required for the maintenance and repairs, the Developer shall contribute capital to the Sewer Account to bring the funds in that account up to the amount of$33,000 at the end of the five years. If the use of funds from the Sewer Account causes the account to fall below $33,000 once that balance has been achieved, the Association shall collect sufficient assessments from the owners of units in the Development, to restore the account to a balance of $33,000 within one year. E. The Township shall review the condominium documents prior to their recording, to verify that the provisions of this Agreement are fully incorporated therein. VII. Special Assessment District A. The Developer, the Association and each owner of any unit of the site condominium in the Development hereby petition for and consent to the establishment of a special assessment district for the providing and funding of sanitary sewer service for the Premises, at such time as the Township Board of the Township proposes to establish a special assessment district for such purposes, in connection with the Township accepting and becoming responsible for the continued operation and maintenance of the Sewer System under the terms of this Agreement. B. In its discretion, the Township may use any funds from the Sewer Account, as necessary to establish the special assessment district. C. These provisions with respect to a special assessment district shall be included in the master deed of the condominium. VIII. Easements, Rights of Way and Licenses A. The Developer and the Association grant and convey to the Township a nonexclusive easement, right-of-way and license over and across the Premises, and any part thereof, for purposes of the Township carrying out the terms ofthis Agreement, as required from time to time, including the rights of maintenance, construction, reconstruction, repair, replacement and improvement of the Sewer System, and ingress and egress for such purposes. B. In addition, the Developer and the Association grant and convey to the Township a non-exclusive easement, right-of-way and license over and across that part of the Premises located within the private streets shown on the condominium subdivision plan, for purposes of constructing, reconstructing, maintaining, repairing, replacing and improving the public sanitary sewer system and all components thereof. IX. Binding Effect. This Agreement and all of its terms and provisions shall be binding upon each of the parties and their respective successors and assigns. The obligations provided herein shall run with all of the land described in Exhibit A, and shall be binding upon any parties acquiring any interest in the Premises from and after the date hereof. X. Amendment. This Agreement may be amended only by a written agreement entered into by all of the parties. { I } 5

22 XI. Recording. This Agreement or a memorandum thereof shall be recorded with the Kent County Register of Deeds. XII. Effective Date. This Agreement shall be effective as of the date and year first above written. SYCAMORE WOODS, L.L.C. GRAND RAPIDS CHARTER TOWNSHIP By: By: By: Michael J. DeVries, Supervisor By: Edward J. Robinette, Clerk SYCAMORE WOODS CONDOMINIUM ASSOCIATION By: Its President Acknowledged before me by Michael J. DeVries, Grand Rapids Charter Township Supervisor, and Edward J. Robinette, Grand Rapids Charter Township Clerk, a Michigan charter township in Kent County, Michigan on,notary Public County, Michigan Acting in County, Michigan My Commission Expires: Acknowledged before me by and on behalf of Sycamore Woods, L.L.C. on,notary Public ----, County, Michigan Acting in County, Michigan { I } 6

23 My Commission Exp!res: Acknowledged before me by, president of Sycamore Woods Condominium Association, on , Notary Public County, Michigan Acting in--,----, ,----- County, Michigan My Commission Expires: { I } 7

24 EXHIBIT A D ESCRIPTION OF THE PREMISES OEsa!JPllON Of S'I'CM(ORE ~S; Port of the Northeast frocuonal 1/4 of Section 1, 17N, Rt1W. Grand Rapids Town!'Jhlp. K011t County, Mlctllgon, de:a.cribed as: Commencing at the East 1/4 comer of s:okl Section; thmjce North 89~14'49 West oloog tha East-West 1/4 Hno of :-s<jid Section feet to the We3t llne of tha East t /2 of the Norlheost fractional 1/4 of sold Sectlon; thence North OJ t6;37. East oloog the West line of the East 1/2 of the Northeast froctlonot 1/4 of sold Section feet to tho PLACE OF SECINNING; thence North 01.11'i'Jr East along the West Hno of the East 1/2 of tho Northeast fractional 1/-4 of said StteUon feet to the North llno of th11 South 3/4 of the Eo!'lt 1/2 of the NorthCKlst fractfonol 1/4 of aoid Section; thence South 89 10'04 East along the North lffu, of the South J/4 of tho Eo:tt 1/2 of the Northeast fractional 1/4 of sold Se<:tkln feel: theoc.o South J3 J1'Jr East feet to tho We!.ll line of tho Eosl reet of th11 t-lortheost fractional 1/4 of sald Section.; thence South o1 31'1J" West along th11 W~t line of tho East fo~t of the Northeast fractional 1/4 of sold Sectlon <t58.73 feet to thd North line of tho South f1tat of the Northeast fract!onol 1/-'t of said Section; thence North 89.H'49 West porollol with tho Eos l-w~t 1/4 line of sold ~tlon feet to the Eo:tt line of th~ West fe~t of the ost 1/2 of th11 Northeast frcctlonol 1/4 of sold Section; thence North 01"16'Jr East dothj the East lln11 of the West feet of the East 1/2 of the Northoo:d froctlonol 1/4 of sotd Section feet; thenc11 N'orlh 89"1+'49 West parallel with tho Ear:~t - West t/4 ltno of sold Sectlon 67a79 fet&t; thence South 06"24'58" East feet; thence South 06 54'.34.. West feet to thtt Norlt1 llno of the South feet of the Northeo:~t fractional 1/4 of sold Section; thence North 89"14'49 Wosl pwollcl with the East- West t/-'t Uno of sold. Section feet to the Ploco of Beginning. Sold parcel Is subjact to on easement for Ingress, egr~:~s and public utbittes ovor th11 Southern most feet thereof for Noorthoek Drive. Except that part of tho Northeast froctlonol 1/4 of Section l, T7N, R11W, Grand Rapids Township, Kent County, Michigan, dollcrfbod Q~ Commencing at th11 East 1/4 comer of sotd Sectlon; thence North 89"14'49 West ~;~long tha East-West 1/4 lloe of sold Section 1Jo6.05 feet to tho WI!St llno of the Eaat 1/2. of sold Northaost fractional 1/4 of sold Section: thence North 01'16'3/ Eost olong tho West Uno of 'tho East 1/2 of the NorthmJst fractional 1/4 of eald S~tlon 10n.J2 feet; thl!nce South s9 14'49 East parallel with tho East-West 1/4 llno of said section feet to the Ploce of Beginning; th1111ce North 01 16'37 East parotlol wlth the West llne of the Eo.st 1/2 of th11 Northeast froctlonot 1/4 of sold Section feet; thence South 8a"43'2J~ East 1SUI4 feilt; the11co Southeosterly reet olonq a foot r<jd! u:~ curve to tho left, thtt chord of whlch bears South 14 o1 13" Eost feet; thence South 20.32'10M Eost feet.; thence South ro sj'39" West 263.«ft~ct to the PIOCII of Beginning. { I } A -I

25 EXHffiiTB COMMUNITY SANITARY SEWER SYSTEM { I } B-1

26 MICHAEL J. DEVRIES S UPERVISOR E DWARD J. ROBI NETTE CLERK CHRI S AFENDOU LI S T REASURER RusTY MERCHANT R obert W. R oth D AVID A. V AN D YKE LEE V AN P OPERING Item# 9 January 6, 2015 TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Michael J. DeVries Township Supervisor Adoption of Ordinance No. 502 RECOMMENDATION Consider the adoption of Ordinance No. 502 regarding the rezoning of2333 East Beltline Avenue from R-1 (single family residential) to NC-PUD (neighborhood commercial). BACKGROUND See attached ordinance EAST BELTLINE N. E. GRAND RAPIDS, Ml PHONE : (616) F Ax: (61 6 ) WEB SITE :

27 As Recommended by Planning Commission on November 24, 2014 First Reading by Township Board, December 2, 2014 CHARTER TOWNSHIP OF GRAND RAPIDS COUNTY OF KENT, MICHIGAN At a regular meeting of the Township Board of the Charter Township of Grand Rapids, held in the Township Hall, 1836 East Beltline Avenue, N.E., Grand Rapids, Michigan, on the day of, 2015, at 7:00p.m. PRESENT: Members: ABSENT: Members: The following ordinance was offered by Member and supported by Member ORDINANCE NO. 502 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CHARTER TOWNSHIP OF GRAND RAPIDS [Pinnacle Ventures Planned Unit Development] THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: Section 1. Planned Unit Development. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Section 3.3 thereof, the zoning map, so as to zone the following described lands to the NC-PUD Neighborhood Commercial Planned Unit Development District, in accordance with the Preliminary Development Plan of the Pinnacle Ventures Planned Unit Development, subject to all of the terms and conditions of this ordinance: Part of the Southeast 1/4 of Section 1 0, Town 7 North, Range 11 West, Grand Rapids Township, Kent County, Michigan described as: Commencing at the East 1/4 Corner of Said Section 1 0; thence N ' 08" W, feet along the East - West 114 Line of Said Section 10 to the West Right-of-Way line ofeast Beltline Ave. (STL M-44) and the PLACE OF BEGINNING; thence S 01 06'08" W, feet along Said West Right-of-Way line and parallel with the East line of Said Section 1 0; thence S 88 53'52" E, feet along Said West Right-of-Way line; thence S 01 06' 08" W, feet along Said West Right-of-Way line; thence S 88 53'52" E, feet along Said West Right-of-Way line, thence S 01 06'08" W, feet along Said West Right-of-Way line to the South line of the North feet of the { }

28 Said Southeast 1/4; thence N ' 08" W, feet along Said South line to West line ofthe East 112 ofthe Northeast 114 ofthe Southeast 114 ofsaid Section 10; thence N 01 09'29" E, feet along Said West line to the NW corner of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Said Section I 0; thence S '08" E along the East - West 1/4 line of Said Section 10, feet to the point of beginning. In the case of conflicts or discrepancies between any part of the Preliminary Development Plan and the terms of this ordinance, this ordinance shall control. Section 2. (a) Approval oflndividual Building Sites; Final Site Plan Approval; Phasing. Preliminary Development Plan. In accordance with Section 13.6 of the Zoning Ordinance, approval is given for a Preliminary Development Plan, with last revision date of November 3, 2014, which illustrates the overall design elements of the Development, including the layout of vehicular and pedestrian access and circulation, parking areas, general building size and location, general parking requirements and layout, proposed grading, open spaces, utilities, and storm water management facilities. (b) Building Sites; Buildings. (1) The Development shall consist of three building sites, as depicted in the Plan. The land in the northwest quadrant of the Development shall remain open and undeveloped for storm water detention and similar uses and shall not be used as a building site. The building sites may be developed in any order, subject to the requirements of this ordinance. (2) Building "A" shall have a gross floor of no more than 15,000 square feet, subject to increase by up to ten percent (10%) during final site plan approval, if the Planning Commission determines the increase in size is consistent with the standards of approval and if sufficient parking is available on that building site. It shall be located on the building site in the southwest quadrant ofthe Development, as shown in the Plan. This building site shall have at least 85 parking spaces, unless a different number is required or permitted during final site plan approval based upon the projected use ofthe building. { } 2

29 (3) Buildings "B" and "C" shall be connected to each other, or constructed as one building, with a total gross floor area of no more than 23,000 square feet, subject to increase by up to ten percent (1 0%) during final site plan approval, if the Planning Commission determines the increase in size is consistent with the standards of approval and if sufficient parking is available on that building site. Buildings "B" and " C" shall be located on the building site in the southeast quadrant of the property, as shown in the Plan. This building site shall have at least 110 parking spaces, unless a different number is required or permitted during final site plan approval based upon the projected use of the building. (4) Building "D" shall have a gross floor area of no more than 5,000 square feet, subject to increase by up to ten percent (1 0%) during final site plan approval, if the Planning Commission determines the increase in size is consistent with the standards of approval and if sufficient parking is available on that building site. It shall be located on the building site in the n011heast quadrant of the Development, as shown in the Plan. This building site shall have at least 41 parking spaces, unless a different number is required or permitted during final site plan approval based upon the projected use ofthe building. (c) Final Site Plan Review. ln accordance with Section 13.6 of the Zoning Ordinance, the conditions set forth in this Ordinance shall govern the overall design elements of the Deve lopment. As each building site is developed, final site plans will be reviewed and approved by the Site Plan Review Committee, but such review and approval shall be subject to final approval by the Planning Commission. Each building site shall be developed substantially as depicted on the Preliminary Development Plan, and in compliance with the general conditions set forth below, and in accordance with applicable provisions of the Township Zoning or other Ordinances. (d) Review of Overall Design Elements. Prior to or in connection with Final Site Plan Review for the first building site to be developed, the Site Plan Review Committee, shall { } 3

30 review and approve, subject to final approval by the Planning Commission, the final details of the overall site elements of the Development as a whole, including the following, or such of them as may be required by the Site Plan Review Committee, subject to Planning Commission final approval: (1) Landscaping, benning and sidewalks along the entire East Beltline frontage. (2) Final entrance drive location, geometry and boulevard entrance. (3) Development signage. (4) Final design of public water and sewer utilities to serve the Development and the Herkner Parcel (as defined below). (5) Storm water management and detention for the entire site. (6) Such other elements of the site design that are intended to serve the entire Development, and to provide access and utilities to the Herkner Parcel. (e) Phasing; Construction. Prior to issuance of a certificate of occupancy for the first ofthe buildings to be constructed in the Development, the following overall site elements and requirements shall be completed, in addition to improvements required to be completed for that site itself, or such of the site elements as may be required by the Site Plan Review Committee, subject to Planning Commission final approval: (1) All required berming, landscaping, and sidewalks shall be installed along the entire Development frontage of the East Beltline. (2) The entrance driveway shall be completed as shown on the final approved plan extending from the East Beltline to the cul-de-sac at the approximate location shown on the Plan, including the boulevard entrance. { } 4

31 (3) Internal sidewalks shall be completed across the width of the building site. (4) Public water and sewer shal l be extended to approximately the western boundary of the cul-de-sac and made ready for potential future connection of the Herkner Parcel. (5) The easement for access and utilities in favor of the Herkner Parcel shall have been reviewed, approved and recorded as set forth in Section 3 below. (6) Other elements which serve all of the building sites 111 the Development. Section 3. Conditions on the Planned Unit Development. The rezoning of the abovedescribed lands to the NC-PUD District for the Pinnacle Ventures Planned Unit Development (the "Development") is fut1her expressly subject to all of the following terms and conditions: (a) Land Uses. The Development shall be constructed and used only for the neighborhood commercial uses permitted in the NC-PUD District, together with off-street parking areas, driveways, landscaping, signage, storm water management, open space and other associated uses, as shown on the Plan, but subject to the requirements of this ordinance. (b) Building Heights; Setbacks; Design. (1) The buildings shall not exceed a height of35 feet. (2) The buildings shall be set back at least 140 feet from the outside edge of the nearest through-lane of East Beltline Avenue. There shall be a distance of at least 25 feet between each building and the nearest East Beltline Avenue right-of-way line. (3) The Township Board determines that the minimum rear yard building setback and that the minimum side yard building setback for the buildings in the Development shall be 25 feet, based on the criteria stated in Section of the Township Zoning Ordinance, pertaining to the NC-PUD District. { } 5

32 ( 4) The buildings shall be designed to avoid massive walls or fa9ades, flat roofs and box-like building appearances which would be out of character or out of scale with existing nearby buildings, as required under the terms of Section 21.3.l.g of the Zoning Ordinance, pertaining to the NC-PUD District. (c) Access and Off-Street Parking and Loading. (I) The primary entrance to and exit from the Development shall be a private driveway extending westerly from East Beltline Avenue, as shown on the Plan. The entrance onto East Beltline Avenue, including the boulevard at the entrance, shall be subject to the approval of the Michigan Department of Transportation. (2) The location and confirmation of the entrance at East Beltline Avenue shall comply with Section 23.9 of the Zoning Ordinance, pet1aining to the Northeast Beltline Overlay District. (3) The applicant shall prepare and record with the Kent County Register ofdeeds an easement for access and installation of public utilities, including water and sewer in the approximate location shown on the Plan from East Belt] ine A venue to the west boundary of the property, to provide access and to serve potential future development on lands generally described as the North 675 feet of the West I /2 of the Northeast 114 of the Southeast 114 of Section 10, currently owned by Herkner Holdings, LLC (the "Herkner Parcel"). The easement shall permit access through the Development, and across the entrance drive to be constructed as pat1 of this Development, and shall permit the owner or party in interest of the Herkner Parcel to construct a road extension across the Development to connect with the entrance drive. The applicant shall prepare and record with the Kent County Register of Deeds all necessary easements for that purpose, and for the purpose of utilities as described below. No building permit for a building or other construction in the Development shall be issued until the applicant has recorded the easement and has submitted proof { } 6

33 of such recording to the Township. Such proof of recording shall be in the form of copies of the recorded instruments, showing the stamp of the Register of Deeds, the dates of recording, and the document numbers assigned to the instruments. (4) A person or persons in control of the Development may, as a condition of use ofthe easement as described above for access, require that the owners of the Herkner Parcel agree to pay a pro-rata share of the costs of maintenance of that portion of the driveway extending from East Beltline Avenue to the cul-de-sac. The cost sharing arrangement may be negotiated among the parties, but in the event of lack of agreement, the owners of the Herkner Parcel shall not be required to pay more than one-half of the cost of maintenance of that portion of the entrance driveway from the cul-de-sac to East Beltline A venue. (5) In connection with Final Site Plan Review for the buildings on the building sites, the Site Plan Review Committee, subject to final approval by the Planning Commission, may require that cross-access easements be provided to properties adjacent to the north, south and west. If such easements are required, no building permit for any building or other structure on that site shall be issued until the applicant has submitted proof of recording of the easement to the Township, in the form of a recorded copy or other instrument showing the stamp of the Register of Deeds, the date of recording, and the document number assigned to the instrument; provided, however, that the Site Plan Review Committee, subject to final approval by the Planning Commission, may require that such cross-access easements be submitted and recorded at some other time. (6) When easements are required under the terms hereof, the easements and other necessary legal instruments shall be subject to the approval of the Township attorney prior to recording. Accordingly, the applicant shall submit copies of all such instruments to the Township attorney, for review before they are recorded with the register of deeds. All of such easements or { } 7

34 other instruments shall run with the land and shall otherwise be in such legal form as will provide permanent vehicle access in accordance with this ordinance. In addition, the applicant shall submit to the Township attorney last owner of record searches or other satisfactory, certified land title information, so as to establish the identity of all of the owners of the affected lands. All of such owners, including mortgagees and holders of other interests, shall sign the cross-access easements or other instruments as to which such owners, mortgagees, lien-holders or others have interests. The requirements of this ordinance with respect to easements shall not be deemed satisfied unless all relevant owners, including mortgagees and other lien-holders, have signed the relevant instruments. Such last owner of record search or other certified land title information shall be submitted to the Township attorney at the time such easements are submitted. (7) Off-street parking and loading areas, including all maneuvering lanes, shall be constructed with materials equal to or better than the standards established by the Kent County Road Commission for commercial driveways. (8) The entrance drive shall be constructed in accordance with the standards for private streets for a commercial development in accordance with Chapter 27 of the Zoning Ordinance. (9) All private driveways and parking areas shall be finished with an asphalt surface having a minimum thickness of 3.5 inches. (1 0) Off-street parking areas and internal access drives shall be maintained in good condition, free from dust, trash and debris. (11) All aspects ofthe off-street parking and loading spaces shall comply with Chapter 28 of the zoning ordinance. (12) All off-street parking lots in the Development shall be located at least 90 feet back from the outside edge of the nearest through-lane of East Beltline Avenue, with a { } 8

35 minimum setback of25 feet between each off-street parking lot and the East Beltline Avenue rightof-way, as required by Section of the Township Zoning Ordinance, covering the North East Beltline Overlay District. The minimum 25-foot setback between each off-street parking lot and the East Beltline Avenue right-of-way shall be landscaped in accordance with the requirements ofthis ordinance. (13) On each building site, a minimum of one bicycle parking space shall be constructed and maintained for each 20 motor vehicle spaces in accordance with Section of the North East Beltline Overlay District. (d) Sidewalks. (1) Sidewalks, having a width of five feet, shall be constructed and installed within the interior of the Development, as shown on the Plan. (2) The sidewalk shown along the East Beltline Avenue frontage of the Development shall be a public sidewalk at least five feet in width and constructed with specifications consistent with those of sidewalks elsewhere along East Beltline Avenue or as the Township may otherwise permit. The sidewalk shall be constructed such that its outer edge is set back at least 40 feet from the outside edge of the existing through-lane of East Beltline Avenue, except that the southerly portion of the sidewalk, as shown on the Plan, may gradually curve eastward so as to connect to the existing frontage sidewalk in the Celebration Village development to the south. The applicant and all other parties having an interest in the lands within which the sidewalk would be located, including mot1gagees and other lien-holders, shall grant and convey to the Township an easement for sidewalk and utility purposes, as to all parts of the sidewalk, if any, located outside of the existing East Beltline Avenue right-of-way. The easement shall be submitted to the Township attorney and shall be subject to the attorney's approval prior to being recorded with the register of deeds. Building permits shall not be issued for any building or other structure within the { } 9

36 Development until the easement has been recorded and until proof of such recording has been provided to the Township; provided, however, that the Site Plan Review Committee, subject to Planning Commission final approval, may determine a later date by which such sidewalk easement shall be submitted and recorded. (e) Sewer Systems and Water Supply. (I) The Development shall be served by the pub I ic water supply system and the public sanitary sewer system. The necessary sewer and water mains, laterals and other appurtenances necessary to supply potable water to the buildings and to collect and transmit sewage from the buildings in the Development shall be installed according to Township specifications, at the sole expense of the Developer, and dedicated to the public upon completion. All aspects of the sanitary sewer system and water supply system shall be subject to the approval of the Township engmeer. (2) The Developer shall obtain Township approval of the connection of the buildings in the Development to the public sanitary sewer system under the terms of the Township water and sewer ordinance. All other aspects of the design, installation, operation and maintenance of the sanitary sewer system within the Development shall comply with the terms of said ordinance. (3) Domestic water supply to all buildings within the Development shall be provided by means of the public water supply system within the time specified for connection under the terms of the Township water and sewer ordinance. (4) Sewer and water mains shall be installed at Developer's expense, extending approximately to the end of the cul-de-sac shown on the Plan, with sufficient capacity to serve the Herkner Parcel, unless the Site Plan Review Committee, subject to Planning Commission final approval, determines that such oversizing is not necessary for the reason that the Herkner { } 10

37 Parcel would be provided such utilities by means of some other location. Reimbursement to the Developer for oversizing may be made if future development connects to the sewer or water mains, as determined by the Township at the time of such connection. The easement granted for future street extensions shall permit installation of public sewer and water, and other public utilities, to provide connection to the Herkner Parcel. In the event it is determined by the Township engineer that the public water and sewer easements should be in a different location within the Development, the Developer shall provide easements at a location which shall not unreasonably interfere with Developer's use ofthe building sites as depicted in the Plan. (f) Storm Water Drainage. (1) The applicant shall submit a storm water drainage plan for the entire Development as fully constructed before or in connection with final site plan review for the first building site to be developed. The storm water drainage plan and the design, construction and operation ofthe storm water drainage system shall comply in all respects with the Township storm water ordinance. The drainage plan and storm water drainage system for the Development shall be reviewed by the Township engineer and shall be subject to the engineer' s approval, under the terms of the storm water ordinance. (2) The use of the surface water drainage system in the Development and the discharge of waters from the storm sewer system, and other elements of the surface water drainage system, shall be accomplished so as to have no significant adverse effect upon the Development lands, or upon adjacent or nearby lands or surface waters, by reason of flooding, erosion, pollution or otherwise. (3) A storm water system maintenance agreement for each building and site shall be submitted to the Township, and shall be subject to approval of the Township engineer, { } ]]

38 prior to the time each affected building is occupied. The applicant shall comply with any resulting Township engineer requirements with respect to storm water management and control. (g) Utilities. Natural gas service, electrical service, telephone and cable television service to the Development shall be by means of underground facilities. (h) Soil Erosion and Sedimentation Control. In the construction and use ofthe Development, the applicant shall comply in all respects with any required soil erosion and sedimentation control permit. A copy thereof shall be promptly submitted to the Township, after Issuance. (i) Landscaping and Screening. (1) Landscaping shall be provided and maintained in accordance with the landscaping plan submitted by the applicant. The landscaping plan shall be subject to approval as part of final site plan approval for each building site under Chapter 29 of the zoning ordinance, Section of the NC-PUD District and Section 23.4 ofthe North East Beltline Overlay District. (2) Dumpsters and electrical and mechanical equipment shall be located as shown on the Plan and shall be screened from view. (3) The front, side and rear yards of all buildings shall be screened or landscaped or used for off-street parking and for loading and unloading in accordance with all applicable provisions of the zoning ordinance, and shall also be kept clear and unobstructed and shall not be used for the storage or disposal of any materials, except as otherwise provided herein. (4) The applicant shall establish and complete all required landscaping along East Beltline Avenue, including all landscaping at and around the proposed sign for the Herkner Parcel in the private right-of-way located adjacent to the south line of the Development. Such landscaping shall be completed in accordance with Township requirements prior to the occupancy of the first building to be constructed in the Development. { } 12

39 (j) Outdoor Lighting. Outdoor lighting shall be installed in compliance with Section of the NC-PUD District and Section 23.6 of the North East Beltline Overlay District. A lighting plan shall be submitted to the Site Plan Review Committee and shall be subject to its approval or, in the Committee' s discretion, the approval of the Zoning Administrator. The outdoor lighting plan shall comply with the outdoor lighting requirements of the NC-PUD District and those of the North East Beltline Overlay District. Outdoor lighting shall be installed at the expense of the applicant. (k) Signage. All signage in the Development shall comply fully with Section of the zoning ordinance, pertaining to signs in the NC-PUD District and the applicable requirements of Section 23.7 of the zoning ordinance, and in particular Section , covering signage in NC-PUD lands within the North East Beltline Overlay District. The sign shown at the entrance to the Development shall be a ground sign, as required by the Zoning Ordinance and this ordinance. The Developer shall submit detailed design specifications for all proposed signage, including the size, height, location and general appearance thereof, and the design specifications shall be subject to the approval of the Site Plan Review Committee, or in the discretion of the Committee, such approval may be undertaken by the Zoning Administrator. (I) Fire Protection. The design, layout and construction of the Development shall be reviewed by the Township Fire Chief as to matters of public safety, emergency access and sufficiency of the fire protection water supply. The recommendations, if any, of the Fire Chief on these matters shall be complied with by the applicant, unless otherwise provided by an amendment in this ordinance. (m) Other Matters. (1) All storage within the Development shall take place only entirely inside the buildings shown on the Plan; no outside storage shall be permitted. { } 13

40 (2) The applicant shall fully comply with the requirements of the Township engineer's letter ofnovember 20, 2014, and other requirements of the Township engineer with respect to the development. Section 4. Township Board Findings. The Township Board determines that the Development satisfies the purposes of the NC-PUD District, as stated in Section 21.1 of the zoning ordinance; the purposes of the N01th East Beltline Overlay District, as stated in Section 23.1 ofthe zoning ordinance; and the standards for approval of all PUDs, including, but not limited to, the following: (a) The Development will result in a recognizable and substantial benefit to the ultimate users of the project and to the community where such a benefit would otherwise be unfeasible or unlikely to be achieved. (b) The Development will not result in a material increase in the need for public services, facilities and utilities or place a material burden upon the subject or surrounding land or the natural environment. While the construction and use of the Development would result in an increase in occupied building area, improvements in the utility systems serving this location are adequate to provide the necessary services for the additional building construction and uses. (c) The Development would be generally compatible with the Township Comprehensive Land Use Plan and would be consistent with Chapter 13 of the zoning ordinance, pertaining to planned unit developments. While the Comprehensive Land Use Plan designates the land for the development in the PUD-5 Community Service PUD category, the neighborhood commercial uses that would be included in the Development, under the NC-PUD District, are generally compatible with the existing uses in the Celebration Village development to the south. Accordingly, the Township Board determines that the Development, if developed according to the { } 14

41 terms of this ordinance, would advance the land use goals and objectives of the Township, as stated in the Comprehensive Land Use Plan. (d) The Development will not result in significant adverse effects upon nearby or adjacent lands, and will not change the essential character of the surrounding area. (e) The Development is designed and laid out to preserve natural resources and natural features to the fullest extent possible. (f) The Development will be consistent with the public health, safety and general welfare. The conditions set forth herein with regard to the Development are determined to be those conditions which are necessary to insure that public services and facilities affected by the Development will be capable of accommodating increased public service demands caused by the Development, to protect the natural environment and to conserve natural resources and energy, to insure compatibility with adjacent land uses and to promote the use of land in a socially and economically desirable manner. Section 5. (a) Enforcement. The Township may enforce the provisions of this ordinance and applicable provisions of the zoning ordinance, building code and other ordinances, laws and regulations to the extent and in any manner provided by law. In the event that the applicant shall fail to carry out, either at all or on a timely basis, any provision or requirement of this ordinance or other applicable law, ordinance or regulation, the Township may through its building inspector or other Township agency issue and post a stop work order at the site of any improper or non-complying part of the Development, directing that all further construction of such part of the Development be ceased forthwith, pending compliance with any applicable provisions of this ordinance or of Township ordinances, regulations or state laws. { } 15

42 (b) Upon the issuance of any stop work order, the applicant shall comply fully therewith without delay. Upon the correction of any matters as to which the stop work order was issued, the Township shall promptly rescind and remove the stop work order, whereupon the applicant may again proceed with construction or other permissible activity as to the Development. The issuance and posting of any stop work order shall not be an exclusive remedy, but may be undertaken by the Township in addition to all other lawful means of enforcement. Section 6. Repeal. Ordinance No. 461, the DAR Development PUD Ordinance, is hereby repealed. Section 7. Publication/Effective Date. This Ordinance shall become effective seven days after its publication or seven days after the publication of a summary of its provisions in a local newspaper of general circulation. A YES: NAYS: Members: Members: ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Supervisor Charter Township of Grand Rapids Edward J. Robinette, Clerk Charter Township of Grand Rapids { } 16

43 First Reading: Second Reading: Ordinance Becomes Effective: STATE OF MICHIGAN ) ) ss. COUNTY OF KENT ) I hereby cettify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Chatter Township of Grand Rapids at a regular meeting held on the date first stated above, and I further certify that public notice of such meeting was given as provided by law. Edward J. Robinette, Clerk Charter Township of Grand Rapids { } 17

44 MICHAEL J. DEVRIES SUPERVISOR EDWARD J. R OBINETTE CLERK CHRI S AFEN D OULIS T REASURER RusTY MERCHANT R OBERT W. R OTH D AVID A. V AN D YKE LEE V AN P OPERING Item# 10 January 6, 2015 TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Michael J. De Vries Township Supervisor 2015 road improvement projects RECOMMENDATION Consider authorization to approve the 2015 local road improvement expenditure of $514, BACKGROUND This proposal accelerates the Greenbrier/Forest Hill plat rebuild program to complete the project in The funds are available and the Kent County Road Commission anticipates aggressive pricing for an early bid authorization EAST BELTLINE N. E. GRAND RAPIDS, Ml PHONE : (616) FAx: (616) WEB SITE :

45 KENT COUNTY ROAD COMMISSION LOCAL ROAD CONSTRUCTION AUTHORIZATION Date: Project: LOCAL ROAD SURFACE TREATMENTS Work Order Number._: Township: Grand Rapids Length: 3.21 Miles Type of Work: Mill and Repave. Location: See attached. Do Sanitary Sewers exist on project? Yes No Work Order for Sanitary Sewers# System Date: FINANCING TOTAL BUDGET ESTIMATE: $ 952, ~ KCRC Share Township Share Other $ 476, $ 476, $ Expended $ $ $ Expended $ $ $ Expended $ $ $ Project Complete: Project Carry Over: Note: Estimate Cost Valid Until December 31, 2015 At a meeting of the Township Board held on, the above estimate was approved. The Road Commission is authorized to proceed to accomplish the work and to bill the Township for al l direct costs charged to the project plus an administrative overhead charge of eleven (11 %) of the total direct costs so charged, and the Township hereby agrees to pay same in full. Direct costs include any payments for engineers and other consultants, materials, force account labor and fringes, equipment rental, advertising, and printing. The overhead cost is included in the above estimate. Remarks: Paving done by contractor and prep-work and inspections done by Kent County Road Commission Local Construction and Maintenance Division. Approved by: Date: Note: For correct processing, please return this work order to the attention ofthe Maintenance Department of the K.C.R.C. Fax Number

46 KENT COUNTY ROAD COMMISSION LOCAL ROAD CONSTRUCTION AUTHORIZATION Date: Project: LOCAL ROAD SURFACE TREATMENTS Work Order Number._: Township: Grand Rapids Length:.63 Miles Type of Work: Ultra-Thin Overlays Location: Gascony Dr (Langlois Dr to Forest Hills Ave), Calais Ct (Toulouse Dr to end), Toulouse Dr (Carnoustie Ave to Langlois Dr), Langlois Dr (Toulouse Dr to Loire Valley Rd), Loire Valley Rd (Calais Ct to Langlois Dr) Do Sanitary Sewers exist on project? Yes No Work Order for Sanitary Sewers # System Date: FINANCING TOTAL BUDGET ESTIMATE:$ 76, ~ KCRC Share Township Share Other $ 38, $ 38, $ Expended $ $ $ Expended $ $ $ Expended $ $ $ Project Complete: Project Carry Over: Note: Estimate Cost Valid Until December 31, At a meeting of the Township Board held on, the above estimate was approved. The Road Commission is authorized to proceed to accomplish the work and to bill the Township for all direct costs charged to the project plus an administrative overhead charge of eleven (11 %) of the total direct costs so charged, and the Township hereby agrees to pay same in full. Direct costs include any payments for engineers and other consultants, materials, force account labor and fringes, equipment rental, advertising, and printing. The overhead cost is included in the above estimate. Remarks: Paving done by contractor and prep-work and inspections done by Kent County Road Commission Local Construction and Maintenance Division. Approved by: Date: Note: For correct processing, please return this work order to the attention of the Maintenance Department of the K.C.R.C. Fax Number

47 1836 E Beltline Ave NE Grand Rapids MI I Grand Rapids Township, Fire & Rescue Page 1 of2 Maps & Directions Free Mobile Apps Travel Gas Pnces About Our Ads Enterpnse Services More mapquest - Hotels tn... Grand Rapids Address. busmess, or landmark,~ '<:/ ~ t Get Directtons,{ 1836 E Beltl;ne Ave NE. &and Rapods, Ml ~ MAP SA ElLITE LIIE TRAFFIC Help Ttps Print Send L"chot..rtfio mapquest (()HILc7t'O J rj Z 0 14 J.-IILL cj ;_~-p/j 1/ E Z O I!>' L/ u-t.jl ~ nw.j ovci4a'f' Z OIS' Back to Search Grand Rapods Hotels Grand Rapids Real Estate Return to Oetatls / 12/18/2014