November 7, :00p.m.

Transcription

1 1. Pledge of Allegiance. GRAND RAPIDS CHARTER TOWNSHIP REGULAR TOWNSHIP MEETING 1836 EAST BEL TLINE N.E. November 7, :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 of October 17, 2017, the special Township Board meeting of October 20, 2017 and the Personnel Committee meeting of October 17, *4. Consider cash disbursements. *5. Consider bills to be paid. *6. Consider adoption of Ordinance No. 516, re: Amendment to Swimming Pool Ordinance (re: fencing). *7. P 1 reading of Ordinance No. 517, re: amendment to rezone 881 Kirk Dr SE & 890 Delray Ave SE and schedule the Public Hearing for November 21, *8. P 1 reading of Ordinance No. 518, re: Shared Driveway, OR-PUD, ZBA and miscellaneous text amendments and schedule the Public Hearing for November 21, *9. Consider authorization for copy machine purchase. *10. Consider approval ofpersonnel Committee recommendations for salary increases and health care changes. *11. Consider approval ofthe 2018 Grand Rapids Township Meeting & Holiday schedule. *12. Consider renewal of AT&T video franchise agreement. *13. Consider authorization to plow the Crahen Valley Park parking lot. 14. Consider approval of the 10% increase in the Lakes Special Assessment Districts. 15. Board Comments. 16. Public Comments. (Please limit comments to less than 5 minutes and state your name and address for the recording secretary) 17. Adjournment.

2 GRAND RAPIDS CHARTER TOWNSHIP REGULAR TOWNSHIP BOARD MEETING October 17,2017 A meeting ofthe Grand Rapids Charier Township Board was called to order at 7:00 pm by Supervisor Michael DeVries. The meeting was held in the Township Hall. The following were present: Supervisor Michael DeVries, Clerk Edward Robinette, Treasurer David Van Dyke, and Trustees Vas Christopoulos, David Pierangeli, Lee Van Papering, and Philip Yeiter. There was no one in the audience. 1. PLEDGE OF ALLEGIANCE. 2. BRIEF PUBLIC COMMENT. There were none. Supervisor DeVries requested that two items be added to the agenda: Add the Estimate from Hydro-Turf Irrigation for ski trail grooming to item 7. Add a request from the Treasurer to add two new banks to the list of approved depositories. Lee Van Papering, seconded by David Pierangeli, moved to amend the agenda as requested. The motion passed unanimously. 3. APPROVE MINUTES OF THE REGULAR TOWNSHIP BOARD MEETING OF OCTOBER 3, Lee Van Papering, seconded by David Pierangeli, moved approval of the minutes as presented. The motion passed unanimously. 4. CONSIDER BILLS TO BE PAID. Lee Van Papering, seconded by Philip Yeiter, moved approval ofthe bills as presented. The motion passed unanimously. 5. 1st READING OF AMENDMENT TO SWIMMING POOL ORDINANCE (re: FENCING). This Ordinance Amendment will be considered at the November 7, 2017 meeting. 6. CONSIDER REQUEST TO RECOMMIT FUNDS FOR PLAINFIELD A VENUE SIDEWALK EXTENSION. Lee Van Papering, seconded by David Pierangeli, moved to recommit to the grant application in conjunction with the City of Grand Rapids. The motion passed unanimously. 7. CONSIDER APPROVAL OF EXPENDITURE FOR TRAIL GROOMER AND LABOR ESTIMATE TO GROOM THE SKI TRAILS. Philip Yeiter, seconded by David Van Dyke, moved to purchase the trail groomer and budget $15,000 to provide for labor for trail grooming. The motion passed unanimously. 8. CONSIDER APPROVAL OF RESOLUTION OF PROPERTY TAX AFFIDAVIT. Lee Van Papering, seconded by David Van Dyke, moved approval of the resolution as presented. The motion passed unanimously.

3 GRAND RAPIDS TOWNSHIP REGULAR BOARD MEETING October 17, 2017 Page 2 of 2 9. CONSIDER APPOINTMENT OF STEVEN W AALKES TO GRAND RAPIDS TOWNSHIP PARKS & REC COMMITTEE. Lee Van Papering, seconded by David Pierangeli, moved approval of the appointment as presented. The motion passed unanimously R 0 QUARTER GRAND RAPIDS TOWNSHIP BUDGET REPORT. The Board received the 3rc 1 Quarter Budget Repott. 11. CONSIDER APPROVAL OF 2017 GRT BUDGET AMENDMENTS. Lee Van Papering, seconded by David Pierangeli, moved approval of the budget amendments as presented. The motion passed unanimously. 12. CONSIDER ADDING GRAND RIVER BANK AND OLD NATIONAL BANK TO THE LIST OF APPROVED DEPOSITORIES FOR GRAND RAPIDS TOWNSHIP. David Van Dyke, seconded by Lee Van Papering, moved to add the two banks to the list of approved depositories. The motion passed unanimously. 13. BOARD COMMENTS. There were none. 14. PUBLIC COMMENTS. There were none. 15. ADJOURNMENT. The meeting was adjourned at 7:30 pm. Edward J. Robinette, Clerk GRAND RAPJDS CHARTER TOWNSHIP

4 GRAND RAPIDS CHARTER TOWNSHIP SPECIAL TOWNSHIP BOARD MEETING October 20, 2017 A meeting of the Grand Rapids Charier Township Board was called to order at 11:25 am by Supervisor Michael DeVries. The meeting was held in the Township Hall. The following were present: Supervisor Michael DeVries and Trustees Vas Christopoulos, David Pierangeli, Lee Van Papering, and Philip Yeiter. There was no one in the audience. 1. BRIEF PUBLIC COMMENT. There were none. 2. CONSIDER APPROVAL OF THE AMENDMENT TO WATER MAIN AND SANITARY SEWER PAYBACK AGREEMENT FOR MICHIGAN STREET SANITARY SEWER AND WATER MAIN. Lee Van Papering, seconded by David Pierangeli, moved approval ofthe amendment as presented. The motion passed unanimously. 3. BOARD COMMENTS. There were none. 4. PUBLIC COMMENTS. There were none. 5. ADJOURNMENT. The meeting was adjourned at 11 :29 am. Edward J. Robinette, Clerk GRAND RAPIDS CHARTER TOWNSHIP

5 Personnel Committee October 17, :30pm The Personnel Committee was called to order at 6:30pm by David Pierangeli, committee chair. Members present were David Pierangeli, David Van Dyke, and Edward Robinette. Supervisor DeVries was present. There was no public present at the meeting. 1. Call to Order 2. Final review of the 2018 Wage/Benefit Schedule for consideration at the 2018 GRT Budget Public Hearing on 11/21/2017. Edward Robinette, seconded by David Van Dyke, moved to recommend the 2018 Wage/Benefit Schedule to the Township Board for adoption. The motion passed unanimously. 3. Consider recommendation to the Township Board re: Health care insurance change of provider, and funding of Pediatric Dental coverage and fee allocation. David Van Dyke, seconded by Edward Robinette, moved to recommend the change in health insurance provider, the funding of Pediatric Dental coverage and the proposed fee allocation to the Township Board for adoption. The motion passed unanimously. 4. Items from members. There were none. 5. The committee adjourned at 6:42 pm. Respectfully submitted, Edward J. Robinette Clerk

6 10/31/ : 41 AM User : RECEPTIONIST DB : Grand Rapids To CHECK REGISTER FOR GRAND RAPIDS TOWNSHIP CHECK DATE FROM 10/01/ /31/2017 Page : 1/1 Check Date Bank Check Vendor Vendor Name Amount Bank ERAL CHECKING 10/05/ /05/ /05/ /05/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /23/ /23/ /23/ /23/ COMCAST CONSUMERS FLEET MARATHON F CONSUMERS CONS LIFE COVERALL DELL DESIGN EDG DEVRIES EVERKEPT GR S&W HAMMOND KC DRAIN KCT LAW LUSCIOUS L MIKA MEYER OFFICE DEP PLEUNE C PRECISION RIVER C WI ROCKF AD SPECTRUM TENDER LAW VERSLUYS R HOLST JAGER B KCI KC SET KC TREASUR K C TREAS KDL KISD KENT RECOR LOWES MAA MAA MML MOORE & BR NORTHVIEW NYE UNIFOR OFFICE DEP PRIORITY SHELDON SPECTRUM ST CONST C VANDUINEN WERDON L ABSOPURE APPLIED IM BREATHING DESIGN EDG EC SHAW FHPS GRCC GRAND VALL GREAT LAKE HAMMOND COMCAST CONSUMERS DTE TDS METROC COMCAST CONSUMERS ENERGY FLEET SERVICES - WEX BANK MARATHON FLEET - WEX BANK CONSUMERS ENERGY CONSUMERS LIFE INSURANCE COMPANY COVERALL OF WEST MICHIGAN DELL MARKETING LP DESIGN EDGE DEVRIES, MICHAEL EVERKEPT GRAND RAPIDS CITY-WTR SYS HAMMOND, STEVE KENT COUNTY DRAIN COMMISS KENT COUNTY TREASURER LUSCIOUS LANDSCAPES MIKA MEYERS OFFICE DEPOT PLEUNE, CHARLES M PRECISION DATA PRODUCTS INC RIVER CITY WINDOW CLEANING LLC ROCKFORD ADVERTISING SPECTRUM HEALTH OCCU SVCS TENDER LAWN CARE VERSLUYS, ROBERT HOLST, JANICE JAGER, BRYAN KCI KENT COUNTY SET KENT COUNTY TREASURER KENT COUNTY TREASURER ' S OFFICE KENT DISTRICT LIBRARY KENT INTERMEDIATE SCHOOL DISTRICT KENT RECORD MANAGEMENT INC LOWE ' S MI ASSESSORS ASSOCIATION MI ASSESSORS ASSOCIATION MICHIGAN MUNICIPAL LEAGUE MOORE & BRUGGINK INC NORTHVIEW PUBLIC SCHOOLS NYE UNIFORM COMPANY OFFICE DEPOT PRIORITY HEALTH SHELDON CLEANERS SPECTRUM HEALTH OCCU SVCS STATE OF MICHIGAN VANDUINEN ELEVATOR CO. WERDON, LUKE ABSOPURE WATER CO APPLIED IMAGING BREATHING AIR SYSTEMS DESIGN EDGE E. C. SHAW COMPANY FOREST HILLS PUBLIC SCHOO GRAND RAPIDS COMM COLLEGE GRAND VALLEY METRO COUNCIL GREAT LAKES PAVING HAMMOND, STEVE COMCAST CONSUMERS ENERGY DTE ENERGY TDS METROCOM , , , , , , , 610. ' SO :::, 1, , , , , , , , , , , TOTALS : Total of 62 Checks : Less 0 Void Checks : Total of 62 Disbursements : 1 90, ,492.06

7 10/23/ : 06AM User : RECEPTIONIST DB : Grand Rapids To Claimant I NVOICE APPROVAL BY VENDOR REPORT FOR GRAND RAPIDS TOWNSHIP POST DATES 10/23/ /23/2017 ON JOURNALIZED BOTH OPEN AND PAID Amount Claimed Amount Owed Page: 1/1 Amount Rejected Bb 1. COMCAST 2. CONSUMERS ENERGY 3. DTE ENERGY 4. TDS METROCOM ***TOTAL ALL CLAIMS*** , ,

8 MICHAEL J. DEVRIES SUPERVISOR EDWARD J. ROBINETTE CLERK DAVID A. VAN DYKE TREASURER LEE VAN P OPERING TRUSTEE DAVID M. P IERANGELI TR USTEE BEVERLY S. WALL TR USTEE PHILIP D. YEITER TR USTEE November 7, 2017 Item #_6_ TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. De Vries Township Supervisor Consider adoption of Amendment to Swimming Pool Ordinance RECOMMENDATION Consider adoption of Ordinance No. 516, the Amendment to Ordinance No.3 regarding swimming pools. BACKGROUND See attached: Attorney Jim Brown's letter addressing the change to not regulate pool fencing if an automatic cover is installed EAST BELTLINE N.E. GRAND RAPIDS, Ml PHONE: (616) FAx : (616) WEB SITE:

9 Mika Meyers"', Attorneys at Law 900 Monroe Ave NW Grand Rapid s, Ml Tel (616) Fax (616) W eb mikameyers.com David R. Fernstrum Fredric N. Goldberg John H. Gretzinger Richard M. Wilson, Jr. Douglas A. Donnell' Daniel R. Kubiak Scott E. Dwyer William A. Horn 5 Mark A. Van Allsburg Neil L. Kimball George V. Saylor, Ill Elizabeth K. Bransdorfer Randall L. Velzen John C. Arndts James F. Scales Ross A. Leisman Neil P. Jansen Andrea D. Crumback Daniel J. Parmeter, Jr. Mark E. Nettleton 2 Nathaniel R. Wolf Jennifer A. Puplava Benjamin A. Zainea Christopher D. Matthysse Ronald M. Redick David S. Lefere Kimberly M. Large 1 Nikole L. Canute 3 Daniel J. Broxup Joshua D. Beard Bradley A. Fowler Michael J. Huff Benjamin C. Dilley Paige M. Szymanski Of Counsel James R. Brown John M. DeVries Michael C. Haines James K. White Timothy J. Tornga Philip M. ldema David N. Keyser Stephen J. Mulder Scott S. Brinkmeyer Daniel J. Kozera, Jr. Also Admitted in ' Delaware 2 111inois 3 New York ' Ohio 5 Wisconsin October 1 0, 2017 Mr. Michael J. DeVries Township Supervisor Charter Township of Grand Rapids 1836 East Belt) ine A venue, N.E. Grand Rapids, MI Mr. Edward J. Robinette Township Clerk Charter Township of Grand Rapids 1836 East Beltline A venue, N.E. Grand Rapids, MI Re: Township Swimming Pool Ordinance- Amendment Regarding Powered Safety Covers for Swimming Pools Dear Mike and Ed: I enclose a proposed ordinance which would amend Township Ordinance N o. 3, the Township Swimming Pool Ordinance, which became effective on October 3, I have prepared this in order to cause this Township swimming pool provision to be consistent with current Section R326.1 of the Michigan Residential Code, which now provides that a swimming pool which has a powered safety cover that complies with the applicable Standard specified in the International Swimming Pool and Spa Code need not be fenced. The amending provision includes the applicable Standard which must be complied with by a powered pool safety cover. The Township regulations on swimming pools are set forth in Ordinance No. 3, not in the zoning ordinance. Accordingly, this ordinance does not require consideration or a public hearing by the Planning Commission. It can be adopted by the Township Board after First Reading and Second Reading, with the usual website posting of the text of the ordinance and the publication of the notice of website posting in the local newspaper. Please let me know after the ordinance has been considered on First Reading. I will then prepare the notice of website posting and forward it to the newspaper. At the next Board meeting thereafter, the ordinance could be considered on Second Reading and adopted. After adoption, I { I }

10 Mr. Michael J. DeVries Mr. Edward J. Robinette October 10, 2017 Page 2 will prepare a notice of adoption and forward it for publication in the newspaper. The ordinance would become effective the day after publication of the notice of adoption. Yours very truly, klk By Enclosure ' { I }

11 CHARTER TOWNSHIP OF GRAND RAPIDS COUNTY OF KENT, MICHIGAN For First Reading by Township Board on Changes from current text are in red type 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, 2017, at 7:00p.m. PRESENT: ABSENT: The following ordinance was offered by Member and supported by Member ORDINANCE NO.~ AN ORDINANCE TO AMEND TOWNSHIP ORDINANCE NO.3, AN ORDINANCE TO REGULATE THE LOCATION, CONSTRUCTION, OPERATION AND MAINTENANCE OF SWIMMING POOLS (THE "TOWNSHIP SWIMMING POOL ORDINANCE") THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: Section 1. Section 8 of the Township Swimming Pool Ordinance, which became effective as of October 3, 1966, is hereby amended to read in its entirety as follows: Section 8. Fences. (a) Subject to subsection (c) of this section, A~ll swimming pools as defined in this Ordinance (pools having a depth of at least two (2) feet or more at any point) shall be enclosed by a fence which shall be at least four (4) feet in height of a type not readily climbed by children. However, if the entire yard of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval of the yard's enclosure, or if the pool is of a portable type with a waist height of at least four ( 4) feet above the surrounding ground surface and of such construction as not to be readily climbed by children, then the ends of the fence may be attached to the pool structure and the fence need be erected only around the immediate area of the ladder, and other means of access to the pool. Gates shall be of a self-closing latch type with the latch on the inside of the gate, not readily available for children to open. (b) Pools constructed or erected after the date of this Ordinance shall be enclosed by such a fence before water is placed in the pool. subject to subsection (c) hereof. Pools which have been { I }

12 constructed or erected prior to the date of this Ordinance shall be enclosed by such a fence, subject to subsection (c) hereof, on or before May 1, (c) Swimming pools which are equipped with a powered and functioning safely cover that complies with Section R326.1 of the Michigan Residential Code portion of the Township Construction Code and the American Society for Testing and Materials Standard ASTM F 1346, shall not be required to be fenced as stated in this section. Section 2. Publication/Effective Date. This Ordinance shall become effective the day after its publication or the day after the publication of a notice of its adoption and summary of its regulatory effect. AYES: NAYS: ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Township Supervisor Edward J. Robinette, Township Clerk I hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Charter 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, Township Clerk First Reading: Second Reading: Ordinance becomes effective: { I } 2

13 MICHAEL J. DEVRIES SuPERVISOR EDWARD J. ROBINETTE CLERK DAVID A. VAN DYKE TREASURER LEE VANPOPERING TRUSTEE DAVID M. PIERANGELI T RUSTEE BEVERLY S. WALL TRUSTEE PHILIP D. YEITER T RUSTEE Item# 7 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor P 1 Reading of Amendment to rezone 881 Kirk Dr SE & 890 Delray Ave SE RECOMMENDATION Consider scheduling the Public Hearing and consideration of Ordinance No. 517 at the November 21, 2017 Township Board Meeting. BACKGROUND See attached EAST BELTLINE N. E. GRAND RAPIDS, Ml PHONE: (6 16) F Ax: (616) WEB SITE :

14 Mika Meyers M Attorneys at Law 900 Monroe Ave NW Grand Rapids. Ml Tel (616) Fax (616) Web mikameyers.com David R. Fernstrum Fredric N. Goldberg John H. Gretzinger Richard M. Wilson, Jr. Douglas A. Donnell' Daniel R. Kubiak Scott E. Dwyer William A. Horn 5 Mark A. Van Allsburg Neil L. Kimball George V. Saylor, Ill Elizabeth K. Bransdorfer Randall L. Velzen John C. Arndts James F. Scales Ross A. Leisman Neil P. Jansen Andrea D. Crumback Daniel J. Parmeter, Jr. Mark E. Nettleton 2 Nathaniel R. Wolf Jennifer A. Puplava Benjamin A. Zainea Christopher D. Matthysse Ronald M. Redick David S. Lefere Kimberly M. Large 1 Nikole L. Canute 3 Daniel J. Broxup Joshua D. Beard Bradley A. Fowler Michael J. Huff Benjamin C. Dilley Paige M. Szymanski Of Counsel James R. Brown John M. DeVries Michael C. Haines James K. White Timothy J. Tornga Philip M. ldema David N. Keyser Stephen J. Mulder ScottS. Brinkmeyer Daniel J. Kozera, Jr. Also Admitted in 'Delaware 2111inois 3 New York ' Ohio 5 Wisconsin October 26, 2017 Mr. Michael J. DeVries Township Supervisor Charter Township of Grand Rapids 1836 East Beltline Avenue, N.E. Grand Rapids, Michigan Mr. Edward J. Robinette Township Clerk Charter Township of Grand Rapids 1836 East Beltline Avenue, N.E. Grand Rapids, Michigan Re: Application of Steven Millman (Naco Provisions/Kennedy Floral) for Rezoning to C District, 881 Kirk Drive, S.E. and 890 Delray A venue, S.E. Dear Mike and Ed: l enclose a proposed ordinance which would amend the Township zoning ordinance and the zoning map to rezone a parcel of land at 881 Kirk Drive and 890 Delray Avenue from the R-1 Single Family Residential District to the C General Commercial District, as applied for by Steven Millman, in behalf ofnoco Provisions and Kennedy Floral. The Planning Commission held a public hearing on this proposed rezoning at the October 24 meeting. Following the public hearing and discussion by the Planning Commission members, the Commission voted to recommend that the Township Board adopt the ordinance and thereby rezone the land to the C District. The applicant has requested the rezoning in order to develop and use the land as an overflow parking lot for the Naco Provisions Restaurant, located across Delray A venue, and for Kennedy Floral, located at the south line of the subject property. In order for the proposed parking lot to be located on the property, it is necessary to rezone the land to the C District, because the current R-1 District does not permit a parking lot as a principal use. Typically, in any rezoning of land, the particular use proposed by an applicant is not necessarily a major factor in considering the rezoning, because all zones permit a variety of land uses. However, in this instance, the applicant has been very clear that if rezoned, the land would [ I }

15 Mr. Michael J. DeVries Mr. Edward J. Robinette Grand Rapids Charter Township October 26, 20 I 7 Page 2 be used only for the proposed overflow parking lot. A detailed plan of the parking lot has been prepared and was submitted to the Planning Commission. Earlier, the site plan review committee reviewed the parking lot plan and recommended various changes. In addition, the applicant has applied for several variances which are necessary if the land is to be developed for the requested 56 parking spaces. The hearing by the Zoning Board of Appeals on the requested variances is scheduled for November 14. If the variances are granted, they would be conditional on the rezoning of the land to the C District. The subject land is located between Delray A venue on the west and Kirk Drive on the east, and adjacent on its south line to the north I ine of the frontage property (Kennedy Floral) on Cascade Road. This general area, between Delray Avenue on the west and the Township line on the east, and bounded on the south by Cascade Road and on the north by Ada Drive, is identified as Target Area 7 in the Township' s 2007 Comprehensive Plan. The Plan calls for potential redevelopment of the small residential lots along the northsouth streets extending north from Cascade Road, east of Forest Hill Avenue. These include Delray Avenue, Kirk Drive and Orlando A venue. The text of Target Area 7 in the 2007 Plan includes the following: An older single-family neighborhood exists on the east side of Delray. These homes face the parking lots of commercial uses fronting on Forest Hill Avenue, creating a situation that may not be desirable for long-term single-family residential use. This single-family neighborhood extends eastward of Delray and consists of homes along Kirk Drive and Orlando A venue... The single-family neighborhood has the potential to be re-developed for more intensive use... This area is bounded by commercial uses to the east and south and institutional uses to the north. The single-family houses and lots in this area are smaller than contemporary housing and a number of the houses in this area are showing signs of needed repair and updating. It is anticipated that over time land values may exceed the value of the houses creating an opportunity for re-development. The subject land is located in the Southeast Cultural Area of Supplement No. I of the Township Comprehensive Plan, adopted in The Supplement also recognizes that the small parcels of land in this area are likely suited for non-residential development as local conditions warrant. The Supplement states in part: { I }

16 Mr. Michael J. DeVries Mr. Edward J. Robinette Grand Rapids Charter Township October 26, 20 I 7 Page 3 A new retail center on the south side of Ada Drive between Forest Hill Avenue and Delray A venue has recently been completed. To the east of Delray Avenue and north of Cascade Road are many small lots, long established and developed as homes along Kirk Drive and Orlando A venue, north of the commercial properties along Cascade Road and extending to the east Township line. The future redevelopment of a portion of this land, to provide commercial opportunities could be considered if proposed in a redevelopment plan that would respect the residential and other viable uses along and near Ada Drive and that would provide convenient internal access from Cascade Road and/or Forest Hill A venue. Accordingly, the Township Board may wish to consider whether the requested rezoning and the proposed parking lot would be consistent with the recommendations of the Comprehensive Plan, in that the Plan contemplates the potential redevelopment of the area, over time as conditions change, for commercial uses. Board members will also wish to review the minutes of the October 24 Planning Commission meeting as to the reasons for the rezoning as stated by the applicant and comments made by persons attending the public hearing. The ordinance could be considered on First Reading at the November 7 meeting. Thereafter, the ordinance should be posted on the Township website. l will prepare the notice of website posting and have it published as required in the local newspaper. Thereafter, the ordinance could be considered on Second Reading and for potential adoption at the November 21 meeting, or at any subsequent meeting. Yours very truly, dlo Enclosure By cc: Wayne A. Han all Kara L. Hammond { I }

17 Recommended by Planning Commission on 10/24/17 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 A venue, N.E., Grand Rapids, Michigan, on the day of, 2017, at 7:00p.m. PRESENT: ABSENT: The following ordinance was offered by Member and supported by Member ORDINANCENO.?17 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CHARTER TOWNSHIP OF GRAND RAPIDS [Steven Millman, Rezoning to C District- 881 Kirk Drive & 890 Delray Avenue] THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: Section 1. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Section 3.3 thereof, the zoning map, to rezone the following described lands from the R-1 Single Family Residential District to the C General Commercial District: Lot 43 and that part of Lot 42 lying South of a line which commences at a point on the West line of Lot 42, feet South of the Nmihwest comer thereof, and continues Easterly to a point on the East line of said Lot 42, which is feet South of the Nmiheast comer thereof; Lots 48 and 49; all such lands being in Orchard Homes, a recorded plat, Section 36, Town 7 North, Range 11 West, Grand Rapids Township, Kent County, Michigan. { I }

18 Section 2. 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. ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Supervisor Charter Township of Grand Rapids Edward J. Robinette, Clerk Charter Township of Grand Rapids STATE OF MICHIGAN ) ) ss. COUNTY OF KENT ) I hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Chmier Township of Grand Rapids at a public 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 First Reading: Second Reading: Ordinance Becomes Effective: { I } 2

19 MICHAEL J. DEVRIES SuPERVISOR EDWARD J. ROBINETTE CLERK DAVID A. VAN DYKE TREASURER LEE VANPOPERING TRUSTEE DAVID M. PIERANGELI TRUSTEE BEVERLY S. WALL T RUSTEE PHILIP D. YEITER T RUSTEE Item# 8 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. De Vries Township Supervisor 1st Reading of Amendments to the Zoning Ordinance RECOMMENDATION Consider scheduling the Public Hearing and consideration of Ordinance No. 518 at the November 21, 2017 Township Board Meeting. BACKGROUND See attached EAST BELTLINE N.E. GRAND RAPIDS, Ml PHONE: (616) FAx: (61 6 ) WEB SiTE :

20 Mika Meyers." Monroe Ave NW Grand Rapid s, Ml Tel (616) Fax (616) Web mikameyers.com Attorneys at Law David R. Fernstrum Fredric N. Goldberg John H. Gretzinger Richard M. Wilson, Jr. Douglas A. Donnell' Daniel R. Kubiak Scott E. Dwyer William A. Horns Mark A. Van Allsburg Neil L. Kimball George V. Saylor, Ill Elizabeth K. Bransdorfer Randall L. Velzen John C. Arndts James F. Scales Ross A. Leis man Neil P. Jansen Andrea D. Crumback Daniel J. Parmeter, Jr. Mark E. Nettleton 2 Nathaniel R. Wolf Jennifer A. Puplava Benjamin A. Zainea Christopher D. Matthysse Ronald M. Redick David S. Lefere Kimberly M. Large' Nikole L. Canute 3 Daniel J. Broxup Joshua D. Beard Bradley A. Fowler Michael J. Huff Benjamin C. Dilley Paige M. Szymanski Of Counsel James R. Brown John M. DeVries Michael C. Haines James K. White Timothy J. Tornga Philip M. ldema David N. Keyser Stephen J. Mulder Scott S. Brinkmeyer Daniel J. Kozera, Jr. Also Admitted in ' Delaware 2 111inois 3 New York 4 0 hio 5 Wisconsin October 30, 20 I 7 Mr. Michael J. DeVries Township Supervisor Charter Township of Grand Rapids 1836 East Beltline Avenue, N.E. Grand Rapids, Michigan Mr. Edward J. Robinette Township Clerk Charter Township of Grand Rapids 1836 East Beltline Avenue, N.E. Grand Rapids, Michigan Re: Zoning Ordinance Amendments- Shared Driveways; OR-PUD District; ZBA Special Exception Use; SR and R-1 Districts; Commercial Landscaping Special Land Use Dear Mike and Ed: 1 enclose a proposed ordinance to amend the Township zoning ordinance with respect to the above topics. A marked copy, showing changes from the current text of the ordinance, and an unmarked copy, are enclosed. The Planning Commission held a public hearing on the proposed ordinance at the October 24 meeting. Following the public hearing and discussion, the Commission members voted to recommend that the Township Board adopt the ordinance, except that the Commission members did not make a recommendation as to Sections 4, 5 and 6 of the ordinance, with respect to the commercial landscaping special land use. After discussion, the members asked that I prepare a revised draft of these provisions, for review at the Commission' s November meeting (See further comment below). I offer the following comments about the provisions of the enclosed ordinance. A. Shared Driveway Amendments I. Part A of the ordinance amends some of the shared driveway provisions in Chapter 27. A shared driveway can serve two or three lots or buildings; a private road can serve four or more lots or buildings. { I }

21 Mr. Michael J. DeVries Mr. Edward J. Robinette Grand Rapids Charter Township October 30, 2017 Page 2 2. Currently, shared driveways can be approved only by the Site Plan Review Committee. However, in view ofthe many specific requirements for shared driveways, it has been suggested that approval can be given by the Zoning Administrator, after verification from the applicant's shared driveway plan that all requirements would be satisfied. This would be a less time consuming procedure, yet would assure that the many specific requirements for shared driveways would be complied with. 3. A shared driveway easement extending off a public street must be at least 40 feet wide, as is currently provided, but a new provision specifies that if the Zoning Administrator determines that other lands adjacent or near the lands to be served by the shared driveway are reasonably likely to be developed at a future time and could be served by a public street, then the shared driveway easement is to be at least 66 feet wide. 4. A shared driveway easement must be located within a parcel of land that has at least 66 feet of frontage on a public or private street, for each lot or parcel served by the shared driveway. 5. A shared driveway easement must be separated from another shared driveway easement by at least 66 feet, as measured along the street right-of-way. 6. In addition to current application requirements, an applicant' s shared driveway plan must include a diagram of the driveway profile, showing compliance with all construction requirements. 7. If a shared driveway is a part of a planned unit development, a condominium or a platted subdivision, then it may be approved by the Planning Commission and Township Board in their approval of these types of developments. B. OR-PUD District I. Section 17.2.l.c would be amended to provide that a multi-family building in the Office-Residential Planned Unit Development (OR-PUD) District could have up to four dwelling units, rather than the 12 dwelling units currently provided. It has been noted that two of the other PUD districts in the Township already provide for greater numbers of dwelling units in a multifamily building, and accordingly a reduction of dwelling units in the case of the OR-PUD District may be desirable in the interest of avoiding future concentrations of large multi-family buildings. 2. For example, the R-PUD District specifies that a multi-family building may have more than four dwellings units per building if authorized by the Township Board if the PUD includes an additional amount of open space and if the floor area of each dwelling unit is a specified percentage greater than the minimum floor area otherwise required. Also, the Healthcare M ixeduse Planned Unit Development (HC-PUD) District permits multi-family dwelling un its or townhouses up to a maximum of I 0 dwelling units per acre, but the Township Board may permit a greater dwelling unit density if certain street-access requirements are satisfied. { I }

22 Mr. Michael J. DeVries Mr. Edward J. Robinette Grand Rapids Charter Township October 30, 20 J 7 Page 3 C. Zoning Board of Appeals- Special Exception Use I. Part C of the amending ordinance includes a new Section 34.1 I. Under this provision, the ZBA could approve a special exception use to provide reasonable accommodations for dwellings for persons who are handicapped or who have disabilities. 2. These provisions would be added to the zoning ordinance only for the purpose of satisfying certain provisions in the U.S. Fair Housing Act and the Americans with Disabilities Act. Of course, the Township does not discriminate in its zoning policies or procedures as to persons with disabilities. However, it will be helpful to include these provisions in the ordinance to demonstrate the Township's policies on non-discrimination toward handicapped or d isabled persons in their occupancy of housing in the Township. 3. The ZBA could, for example, approve a special exception use for a handicapped ramp for entry at a location that might not otherwise be available. D. Miscellaneous Part D of the ordinance includes minor corrections in certain rear yard building setback requirements in the SR and R-1 Districts. These are only to correct typographical errors. E. Commercial Landscaping Special Land Use (SR and R-1 Districts) I. There is currently a discrepancy between the commercial landscaping special land use as stated in Sections 6.5 and 7.5, as compared to the commercial landscaping minimum provisions stated in Section B.5. The former provisions prohibit retail sales; the latter provision includes certain retail sales if specifically permitted. 2. The proposed amendment would specify that retail sales are not permitted u nless approved by the Planning Commission, and if they are approved, they may take place only in accordance with limitations imposed by the Planning Commission. 3. The Planning Commission discussed these provisions extensively at its October 24 meeting, but decided not to make a recommendation at this time, but asked that an expanded version of the provisions be prepared for discussion at the next meeting, which would include standards under which retail sales could be permitted. In the discussion, some Commission members favored a prohibition on retail sales, others favored only limited retail sales. 4. Jn the interest of correcting the current discrepancy in the provisions, it is desirable that the Board at least approve provisions that would specifically limit retail sales, but then consider at a later time any further recommendation which the Planning Commission may provide as to particular standards under which retail sales might be permitted. { I }

23 Mr. Michael J. DeVries Mr. Edward J. Robinette Grand Rapids Charter Township October 30, Page 4 5. The amending ordinance now includes the following provisions as to on-site retail and wholesale sales: a. Jn the commercial landscaping special land use in the SR and R-1 Di stricts, on-site retail and wholesale sales would not be permitted unless approved by the Planning Commission; even if approved, the sales would be limited to only minor and incidental sales, and also limited to natural and other products used in the special land use. b. The Planning Commission, if it approves on-site sales, could limit the quantity and frequency of sales involving landscape commodities, such as top soil, mulch and the like. c. Also in approving the special land use, the Planning Commission could limit the quantity and bulk of top soil, mulch and other landscaping commodities that may be stockpiled on the site and transported from the site. 6. As requested by the Planning Commission, I will prepare a further revi sion of Section B.5, covering the minimum provisions for the commercial landscaping special land use. The Commission members will consider a draft of potential further amendments at the November meeting. If any such amendments proceed to public hearing and recommendation, some further amending provisions may be forwarded to the Board in the early part of The enclosed ordinance could be considered on First Reading at the November 7 Township Board meeting. Thereafter, the ordinance should be posted on the Township website. I wi ll then prepare the notice of website posting and have it published in the local newspaper. Second Reading and potential adoption of the ordinance could take place at the November 21 meeting, or at any subsequent meeting. Yours very truly, dlo Enclosure By cc: Wayne A. Harral! Kara L. Hammond { I }

24 For First Reading by Township Board on 11/07/17 Changes from current text of zoning ordinance are in red type; deletions are struck through 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, Grand Rapids, Michigan, on the~- day of, 201 7, at 7:00p.m. PRESENT: ABSENT: The following ordinance was offered by Member and supported by Member ORDINANCE NO AN OF ORDINANCE TO THE CHARTER AMEND TOWNSHIP THE OF ZONING GRAND 0RDINANCE RAPIDS [Shared Driveways; OR-PUD Board of Zoning Appeals (Special Other Amendments] THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: CONTENTS THJS 0RDTNANCE CONSISTS OF THE FOLLOWING PARTS: Exception District; Use); PART A CHAPTER 27- SHARED DRIVEWAYS PARTB CHAPTER] 7- OR-PUD DISTRICT PARTC CHAPTER 34- ZONING BOARD OF APPEALS (REASONABLE ACCOMMODATIONS) PARTD MISCELLANEOUS ZON ING ORDINANCE AMENDMENTS I 0 PARTE OTHER MATTERS... I I Part A - Chapter 27- Shared Driveways { }

25 Section I. The Zoning Ordinance ofthe Charter Township of Grand Rapids is hereby amended by the amendment of Chapter 27, Private Roads, as follows: Section 27.1 Definitions. For purposes of this chapter, the following words and phrases shall be defined as follows:... [No change] A!! "shared drivevlay" or "existing shared driveway" is a path or roaddriveway existing as of January 19, 2000, and extending from a public street or private road to serve two lots, buildings, dwellings, dwelling units or ether-structures, intended to provide ingress and egress primarily for the occupants thereof, but not including any extension thereof after January 19, 2000, except in compliance with Section of this chapter; provided, however, that a shared driveway may be approved for the purpose of providing access to a specified greater number of lots, buildings. dwellings, dwelling units or other structures, in accordance with Section 27.2 of this chapter. A 'shared driveway" is a driveway constructed after January and extending from a public street or private road to serve either two or three lots, buildings, dwellings, dwelling units or structures, or any combination thereof. A " private road" is the entire length of any undedicated path, drive or road which is privately owned and maintained and which provides or is intended to provide the primary means of ingress and egress to tvvoserves or is intended to serve four or more lots, buildings. dwell ings, dwelling units or structures ~ or ill!y..combination thereof. Drivevrays providing access to a single building, dwelling or structure, or shared drive\vays approved under Section , are not considered to be part of a private road. The PQrivate road provisions of this chapter shall not apply to internal roads serving only one lot or parcel of land which has direct public or private street frontage and is under the control of one person, corporation, or association, and which is to be developed for uses subject to site plan review under this Ordinance. Such internal roads shall not provide the principal means of access to any abutting lot or parcel of land. Examples of access roads that may be exempted from the provisions of this chapter include those serving multi-family dwellings, nursing homes, hospitals, factories, schools, mobile-home parks, and shopping centers. [Re-number current 4, 5, 6, 7, 8 and 9 as 5. 6, 7, 8, 9 and I 0.] [No change] Section 27.2 Existing Shared Driveways; Certain Appreved Shared Driveways. CJLA.. PTER 61. After the effective date of this chapter (January 19, 2000), no shared driveway shall be constructed, extended, improved or relocated, nor shall an existing driveway be used or extended to provide access to an additional lot, building or dwelling unit which was not existing and which was not provided access by the driveway as of the effective date of this chapter; provided, howe, er that a shared driveway may be approved for the purpose of providing access to a specified greater number of lots, dwellings, dwelling units or other buildings. under the terms of subsection 2 of this Section CHAPTER 72. A shared driveway mayshall be permitted designed, constructed and used only in accordance with this subsection 2. CHAPTER 8a. A shared driveway, located within an easement, may be permitted to shall serve not more thaneither two or three lots, dwellings, dwelling units or buildings. or any combination thereof. included in an { } 2

26 approved platted subdivision, an appro'red condominium or site condominium or parcels created by an approved land division, if such shared driveway is approved by unanimous vote of the members, present and voting, of the Site Plan Reviev<' Committee, and determined to be necessary in the circumstances, upon factual findings supporting the following land use factors, and if the shared driveway complies \Vith the minimum standards for design and construction of shared driveways as stated in Section 27.3: 1. The nature of the terrain over which the available access to approved parcels and building sites is such that the construction and use of a private road for such access would be impractical or would require extraordinary efforts to alter the land involved, such as by greatly reducing steep slopes, filling or substantially impinging on wetlands, removal of substantial numbers of mature trees or other degradation of the land or reduction of favorable landscape views. i+._i. The construction and use of a private road for providing access to the approved lots and building sites is not necessat)', in view of the relatively small number of lots and building sites to be served, and thus the anticipated low or moderate level of motor vehicle traffic for ingress to and egress from the lands involved. ClL-\PTER 9 A shared drivewav shall be located only within an easement established by recorded instrument. CIU.. PTER 10 A shared driveway easement extending off a public street shall be at least 40 feet wide for its entire length; provided, however. that if the zoning administrator or other approving body determines that other lands adjacent or near the lands to be served by the shared driveway are reasonably likely to be developed at a future time, and could be served by a public street constructed at the location of the shared driveway, then the shared driveway easement shall be at least 66 feet wide for its entire length. CW.. PTER 11 A shared driveway easement extending off an approved private street shall be at least 40 feet wide for its entire length. CIL-\PTER 12 The easement in which the shared driveway is to be located shall have a minimum cleared width of20 feet. CHl.. PTER 13 A shared driveway easement shall be located within a parcel of land that has at least 66 feet of frontage on the public street or private road right-of-way from which the shared driveway easement extends, for each lot or other parcel of land served by the shared driveway within the easement. CHi.. PTER 14 A lot or other parcel of land served by a shared driveway easement extending off a public street shall have at least 33 feet of frontage on the shared driveway easement. { } 3

27 CH,.. PTER 15 A lot or other parcel of land served by a shared driveway easement extending off an approved private street-road shall have at least 20 feet of frontage on the shared driveway easement. CHi.. PTER 16 A shared driveway easement shall be separated from another shared driveway easement by at least 66 feet as measured along the right-of-way line of the public street or private road from which the shared driveway easement extends. Such minimum separation distance between shared driveway easements shall continue for the entire length of the shared driveway easements. i\ building permit for a dvvelling or other building to be served by a shared driveway approved by the Committee under this Section?7.2.2 shall not be issued un less the applicant for the permit furnishes proof of such Committee approval of the shared driveway, together with a copy of the approved shared driveway plan required by Section CIIA.PTER 17 The driving surface portion of the~ shared driveway easement shall be at least 12 feet wide. CHAPTER 18 All shared gravel shared driveways shall be constructed with a min imum 12: inch sand subbase with a minimum of at least 6 inches of MOOT 22A compacted road gravel on the top thereof. CHAPTER 19 All shared paved shared driveways shall be constructed with a minimum 12: inch sand subbase with a minimum base of at least 6 inches of MOOT 22A grade road gravel on top thereof, and a minimum top road surface of 3 inches of asphalt. CH,A.. PTER 20 The driving surface portion of the shared driveway easement shall be adequately maintained by the property owners having legal rights to use the shared driveway. CHAPTER 21 House numbers shall be visibly displayed at the intersection of the shared driveway and the public street or private road. In its approval of the shared driveway, the Site Plan Review Committee may impose terms, conditions and limitations. CHAPTER 22 A shared driveway shall be subject to Township review and approval in accordance with this subsection 3. The applicant for approval of a shared driveway shall prepare and submit an accurate plan of the shared driveway, with dimensions, and demonstrating the location of the driveway in rel ation to propetiy lines ~ and including a diagram of the shared driveway profile demonstrating compliance with the shared driveway construction requirements ofthis Sectionother relevant locations. The shared driveway plan shall be subject to the approval of the Site Plan RevievJ Committee the Township fire chief and the zoning administrator. CII,A.. PTER 23 +He-A._shared driveway shall be subject to the approval of the Township fire chief with respect to safe and convenient access for fire department vehicles and other emergency vehicles. CHAPTER 24 A shared driveway which is pati of a planned unit development, condominium, site condominium or platted subdivision may be approved by the Pl anning Commission and Township Board, under the terms of this Section and Section , as a part of their-its approval of such development proposals or, in the discretion of the Planning Commission, consideration and decision as to the shared drivevmy may be referred to the Site Plan Review Committee. A shared driveway which is proposed to serve parcels of land established by land division approval shall be subject to the approval of the zoning administrator. Section 27.3 Shat ed Driveways; Approved by the Site Plan Review Committee [Delete in its entirety] { } 4

28 Part B -Chapter 17- OR-PUD District Section I. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Section 17.2.l.c, as follows: Section Permitted Uses. Except as otherwise provided by this chapter, land in the Office-Residential Planned Unit Development (OR-PUD) District may be used only for the purposes provided below: I. Residential uses, as follows: a. and b. [No change] c. Multi-family buildings with a maximum of Hfour dwelling units per building. d. and e. [No change] Part C Chapter 34 The Zoning Board of Appeals (Reasonable Accommodations) Section I. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the addition of Section 34.11, as follows: Section Special Exception Uses for Reasonable Accommodations for Dwellings for Persons with Disabilities l. Purpose; Policy of Township. a. This Ordinance shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law. including but not limited to. Title Vlll of the Civil Rights Act of as amended by the Fair Housing Act of 1988 (the "Fair Housing Act"). 42 U.S.C ; and Title Il of the Americans With Disabilities Act (the "ADA''), 42 U.S.C b. It is the policy of the Township that the Zoning Administrator, Planning Commission, Zoning Board of Appeals, and other Township officials with zoning-related responsibilities, shall make reasonable accommodations in the policies, practices and procedures of their offices or bodies, so that handicapped or disabled persons or a provider of housing for a handicapped or disabled person are not discriminated against and are afforded an equal opportunity to use and enjoy dwell ings. c. This section provides for the granting of a special exception use by the Zoning Board of Appeals (the "Board of Appeals"), for the purpose of implementing the Township's policy that reasonable accommodations shall be made in the zoning policies and practices of the Township so that handicapped or disabled persons, or those providing housing for them, shall not be discriminated against by reason of any such handicap or disability in the use and enjoyment of dwellings in the Township. 2. Definitions. Words and phrases used in this section shall have the meanings as provided by the Fair Housing Act and ADA, or otherwise by this Ordinance. 3. Request for Reasonable Accommodations; Application. { } 5

29 a. In order to make specific housing available to one or more individuals with disabilities, a disabled person or a person or provider acting on behalf of an individual with a disability (collectively "Applicant") may request a reasonable accommodation relating to this Ordinance as applied to a dwelling. b. If an Applicant has a disability or acts on behalf of an individual with a disability which entitles such Applicant to protection under the ADA or the Fair Housing Act, and the use and enjoyment of the dwelling requires an exception from this Ordinance as a 'reasonable accommodation," as defined bv appropriate federal statut01y authority or relevant case law in effect at the time, the Applicant may apply for a special exception use for a reasonable accommodation. c. The Applicant shall apply for the special exception use on a form provided by the Township and shall provide all information requested by the Township with respect to the proposed special exception use. If requested by the Applicant, the Zoning Administrator shall, in a timely manner, assist the Applicant in obtaining information required for the information required for the purpose of the application, and if requested, shall assist in the filling out of the application. d. A written application for the special exception use for reasonable accommodation shall include the following information: 11. The current zoning of the property on which the dwelling is located The name of the owner of the property and the dwelling (i f other than the Applicant): if the Applicant is not the owner, but resides or will reside in the dwelling, written evidence, such as a lease or rental agreement, that the Applicant has the right to occupy the dwelling. IV. The nature of the disability that requires the reasonable accommodation. If the specific persons who are expected to reside in the dwelling are not yet know to the Applicant, the application shall include details describing the expected range of disabilities of prospective residents of the dwelling. v. VI. The specific type of accommodation requested by the Appl icant, with sufficient detail to enable the Board of Appeals to evaluate all that is requested with respect to reasonable accommodation. The application shall include information as to the impact of the reasonable accommodation on adjacent and nearby lands and uses: the number of persons who are expected to be availing themselves of the reasonable accommodation: and any other information which would assist the Board of Appeals in determining the reasonableness of the accommodation. Whether the proposed reasonable accommodation would require any additional approval from the Township or other government body. { } 6

30 VII. Any other information reasonably requested by the Zoning Administrator to determine the Applicant' s qualification for the requested reasonable accommodation. 4. Confidentiality of Medical Information. a. If the infonnation provided by the Applicant includes medical information or records of the Applicant or proposed residents, including records indicating the identity, medical condition, diagnosis or medical history, the Applicant may, at the time of submitting such medical information, request that the Township, to the extent permitted by law, treat such medical information as confidential information of the Applicant and/or proposed residents. b. In the case of such a request as to confidentiality of medical information provided by the Applicant, the Board of Appeals shall, to the extent permitted by law, review and discuss such medical information only in a closed session. That pa1t of the meeting and public hearing that does not include the information requested to be kept confidential shall be conducted in public session. 5. Recommendation by Zoning Administrator. a. W ithin 30 days after submission of a complete application, the Zoning Administrator shall review the application and make a written recommendation to the Board of Appeals, stating the reasons that the request for the special exception use should be approved, approved with conditions or denied. A copy of the recommendation shall be provided to the Applicant. b. After receiving the recommendation, the Board of Appeals shall conduct a hearing on the application, with prior notice being given by publication and U.S. mail in the same manner and to the same extent provided by the Michigan Zoning Enabling Act for an appeal to the Board of Appeals. 6. Decision by Board of Appeals. a. After the public hearing, the Board of Appeals shall approve, approve with conditions or deny the application for the special exception use. The decision of the Board of Appeals shall be based on the following factors: 1. Whether the requested reasonable accommodation is necessary to afford a person or persons with a disability an equal opportunity to use and enjoy a dwelling. II. Ill. Whether the requested accommodation would require other approval on the part of the Township under the terms of th is Ordinance or other applicable Township ordinances and, in that case. the Board of Appeals shall identify such other required approval. Whether, if such is the case, the Board of Appeals determines that the stated handicap or disability may be reasonably accommodated by means or procedures of lesser scope and impact than those requested by the Applicant; and if so, the Board of Appeals shall identify the reasons that such lesser accommodation would nonetheless afford the Applicant an equal opportunity to use and enjoy the dwelling. { } 7

31 IV. Whether the requested accommodation would impose undue administrative or financial burdens on the Township. 7. Decision. The Board of Appeals shall adopt a resolution stating its decision on the application for the special exception use: the resolution shall include the grounds for approving, approving with conditions or denying the application. 8. Special Exception Use Limited to Applicant. a. The special exception use, if approved, shall be granted to only the Applicant. If the dwelling involved is sold, otherwise changes ownership, or is leased to a party other than the Applicant, or if the Applicant no longer lives in the dwelling, the reasonable accommodation is not transferrable to a different property owner, lessee or any other third party. In the event of any sale of the property, lease of the dwelling to another party or the departure of the Applicant from the premises, the property owner shall promptly notify the zoning administrator. b. ff a new prope1ty owner or new occupant of the dwelling desires to continue the reasonable accommodation because that person is handicapped or disabled, the Township shall provide the new owner or lessee an opportunity to renew and/or modify the reasonable accommodation, in accordance with the requirements and procedures of this section. If. however, the existing reasonable accommodation is not renewed or modified within 60 days from the date of the change in ownership, new lease, departure of the Applicant from the premises or otherwise, the reasonable accommodation shall lapse and be of no fwther effect, whereupon the dwelling shall then comply with all applicable requirements ofthis Ordinance. 9. Effectiveness of the Special Exception Use. a. The special exception use for the reasonable accommodation shall be in force and effect so long as the Applicant owns and/or resides in the dwelling. The reasonable accommodation shall be limited to the number of persons availing themselves of the reasonable accommodation, as approved by the Board of Appeals. b. If the number of persons for whom the reasonable accommodation in or at the dwelling materially increases from the number of persons specified in the special exception use as approved by the Board of Appeals. a new application for such additional or modified reasonable accommodation shall be submitted, and the consideration and decision thereon shall proceed in the same manner and to the same extent as is provided for an original application. I 0. Public Funds. No provision of this section shall require the Township to expend any public funds to achieve a reasonable accommodation except and to the extent required by applicable federal law. II. Maintenance of Records. The Township shall maintain files and records of all applications for a special exception use for reasonable accommodation, the Township's responses thereto and all proceedings resulting from such applications. 12. Additional Fees or Charges. Other than a reasonable application fee, the Township shall not impose any additional fees, costs or charges, nor shall it retaliate in any way, against any person who has exercised his or her right under the Fair Housing Act or the ADA to apply for one or more special exception uses for reasonable accommodation. { } 8

32 Part D- Miscellaneous Zoning Ordinance Amendments Section I. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Table (SR District) of Section 6.5, as follows: Section 6.5. Lot Area, Lot Width and Building Setback Requirements... Table Parcel Served by Either Public/Community Water System or Public/Community Sewage Disposal System, but not Both Minimum required lot area 12,000 square feet Minimum required lot width 85 feet measured at the minimum required front yard setback Minimum required building setbacks Front yard 35 feet. See Table Side yards Two side yards totaling 18 feet, the smallest must be at least seven feet Rear yard -W40 feet Section 2. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Table (SR District) of Section 6.5, as follows: Section 6.5. Lot Area, Lot Width and Building Setback Requirements... Table Parcel Served by Both Public/Community Water System and Public/Community Sewage Disposal System Minimum required lot area I 0,200 square feet Minimum required lot width 85 feet measured at the minimum required front yard setback line; provided, however that the provisions of Section 4.3 shall apply to certain existing lots or parcels Minimum required building setbacks Front yard 35 feet. See Table Side yards Two side yards totaling 18 feet, the smallest must be at least seven feet Rear yard W25 feet Section 3. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Table (R-1 District) of Section 7.5, as follows: Section 7.5. Lot Area, Lot Width and Building Setbacks... { } 9

33 Minimum required lot width 70 feet measured at the minimum required front yard setback line Minimum required building setbacks Front yard 35 feet. See Table Side yards Two side yards totaling 18 feet, the smallest must be at least seven feet Rear yard ~25 feet Section 4. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of line 5 of Table 6.3, Special Land Uses, of Section 6.3 (SR Suburban Residential District), as follows: Section 6.3 Special Land Uses. The special land uses specified tn Table 6.3 may be permitted if approved by the Planning Commission under Chapter Commercial landscaping May not include retail salesretail and wholesale sales not permitted only ifunless approved by Planning Commission; if permitted, may be only minor and incidental sales. Section 5. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of line 5 of Table 7.3, Special Land Uses, of Section 7.3 (R-1 Single Family Residential District), as follows: 5. Commercial landscaping May not include retail salesretail and wholesale sales not permitted only ifunless approved by Planning Commission; if permitted, may be only minor and incidental { } 10

34 Section 6. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of the title in subparagraph 5 of Section B, Special Use Design Standards, as follows: Section Special Use Design Standards... B. Design Standards Applicable to Certain Special Uses Commet cial Greenhouses and/or Landseape Contraetor YardsLandscaping as May be Permitted in the SR and R-1 Districts... c. On-site retail and wholesale sales activities are not permitted unlessassociated 'NitA landscape contractorsa commercial landscaping business must be specifically approved by the Planning Commission:. fl-fl6. Any such sales shall be only a minor and incidental activity of the special land use: such sales shall be limited to natural and manmadeother products used by-t!:te operator in the special land usecarrying out the tradeits commercial landscaping business. The Planning Commission may specify the types of commodities and products eligible for on-site sales and may limit the quantity and frequency of on-site sales of landscaping commodities. The Planning Commission may limit the quantity and bulk of landscaping commodities that are stockpiled on the site, transported and/or sold, including topsoil, other eatthen material, mulch and the like. On site retai l and wt=tolesale sales activities associated with commercial greenhouses shall be limited to products grown on the premises and limited additional items used in the preparation of floral or garden arrangements, as authorized by the Planning Commission... Part E- Other Matters 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. AYES: NAYS: ABSENT: ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Township Supervisor { } II

35 Edward J. Robinette, Township Clerk I hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Charter Township of Grand Rapids at a regular meeting held on the date first stated above, and 1 further certify that public notice of such meeting was given as provided by law. Edward J. Robinette, Township Clerk First Reading: Second Reading: Ordinance becomes effective: { } 12

36 For First Reading by Township Board on 11/07/17 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, Grand Rapids, Mi chi gan, on the day of, 2017, at 7:00p.m. PRESENT: ABSENT: The following ordinance was offered by Member and supported by Member ORDINANCE NO~fO AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CHARTER TOWNSHIP OF GRAND RAPIDS [SHARED DRIVEWAYS; OR-PUD DISTRICT; BOARD OF ZONING APPEALS (SPECIAL EXCEPTION USE); OTHER AMENDMENTS) THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: CONTENTS THIS ORDINANCE CONSISTS OF THE FOL LOWING PARTS: PART A CHAPTER 27- SHARED DRIVEWAYS... 2 PARTB CHAPTER 17- OR-PUD DISTRICT... 5 PARTC CHAPTER 34- ZONING BOARD OF APPEALS (REASONABLE ACCOMMODATIONS)... 6 PARTD MISCELLANEOUS ZONING ORDINANCE AMENDMENTS PARTE OTHER MATTERS { }

37 PART A- CHAPTER 27- SHARED DRIVEWAYS Section I. The Zoning Ordinance of the Charter Township of Grand Rapids is here by amended by the amendment of Chapter 27, Private Roads, as follows: Section 27.1 Definitions. For purposes of this chapter, the following words and phrases shall be defined as follows:... I. [No change] 2. An existing shared driveway" is a driveway existing as of January 19, 2000, and extending from a public street or private road to serve two lots, buildings, dwellings, dwelling units or structures, but not including any extension thereof after January 19, 2000, except in compliance with Section of this chapter. 3. A "shared driveway" is a driveway constructed after January 19, 2000, and extending from a public street or private road to serve either two or three lots, buildings, dwellings, dwelling units or structures, or any combination thereof. 4. A "private road" is the entire length of any undedicated path, drive or road which is privately owned and maintained and which serves or is intended to serve four or more lots, buildings, dwellings, dwelling units or structures, or any combination thereof. The private road provisions of this chapter shall not apply to internal roads serving only one lot or parcel of land which has direct public or private street frontage and is under the control of one person, corporation, or association, and which is to be developed for uses subject to site plan review under this Ordinance. Such internal roads shall not provide the principal means of access to any abutting lot or parcel of land. Examples of access roads that may be exempted from the provisions of this chapter include those serving multi-family dwellings, nursing homes, hospitals, factories, schools, mobile-home parks, and shopping centers. [Re-number current 4, 5, 6, 7, 8 and 9 as 5, 6, 7, 8, 9 and I 0.] [No change] Section 27.2 I. 2. Shared Driveways. After the effective date of this chapter (January 19, 2000), no shared dri veway shall be constructed, extended, improved or relocated, nor shall an existing driveway be used or extended to provide access to an additional lot, building or dwelling unit which was not existing and which was not provided access by the driveway as of the effective date of this chapter. A shared driveway shall be designed, constructed and used only in accordance with this subsection 2. { } 2

38 a. b. c. d. e. f. g. h. I. J. k. I. A shared driveway shall serve either two or three lots, dwellings, dwelling units or buildings, or any combination thereof. A shared driveway shall be located only within an easement established by recorded instrument. A shared driveway easement extending off a public street shall be at least 40 feet wide for its entire length; provided, however, that if the zoning administrator or other approving body determines that other lands adj acent or near the lands to be served by the shared driveway are reasonably likely to be developed at a future time, and could be served by a public street constructed at the location of the shared driveway, then the shared driveway easement shall be at least 66 feet wide for its entire length. A shared driveway easement extending off an approved private street shall be at least 40 feet wide for its entire length. The easement in which the shared driveway is to be located shall have a minimum cleared width of 20 feet. A shared driveway easement shall be located within a parcel of land that has at least 66 feet of frontage on the public street or private road right-ofway from which the shared driveway easement extends, for each lot or other parcel of land served by the shared driveway within the easement. A lot or other parcel of land served by a shared driveway easement extending off a public street shall have at least 33 feet of frontage on the shared driveway easement. A lot or other parcel of land served by a shared driveway easement extending off an approved private road shall have at least 20 feet of frontage on the shared driveway easement. A shared driveway easement shall be separated from another shared driveway easement by at least 66 feet, as measured along the right-of-way line of the public street or private road from which the shared driveway easement extends. Such minimum separation distance between shared driveway easements shall continue for the entire length of the shared driveway easements. The driving surface portion of a shared driveway easement shall be at least 12 feet wide. All gravel shared driveways shall be constructed with a minimum 12-inch sand subbase with a minimum of 6 inches of MOOT 22A compacted road gravel on the top thereof. All paved shared driveways shall be constructed with a minimum 12-inch sand subbase with a minimum base of 6 inches of MDOT 22A grade road { } 3

39 gravel on top thereof, and a mmnnum top road surface of 3 inches of asphalt. m. The driving surface portion of the shared driveway easement shall be adequately maintained by the property owners having legal rights to use the shared driveway. n. House numbers shall be visibly displayed at the intersection of the shared driveway and the public street or private road. 3. A shared driveway shall be subject to Township rev1ew and approval 1n accordance with this subsection 3. a. The applicant for approval of a shared driveway shall prepare and submit an accurate plan of the shared driveway, with dimensions, and demonstrating the location of the driveway in relation to property lines, and including a diagram of the shared driveway profile demonstrating compliance with the shared driveway construction requirements of this Section. The shared driveway plan shall be subject to the approval of the zoning administrator. b. A shared driveway shall be subject to the approval of the Township fire chief with respect to safe and convenient access for fire department vehicles and other emergency vehicles. c. A shared driveway which is part of a planned unit development, condominium, site condominium or platted subdivision may be approved by the Planning Commission and Township Board, under the terms of this Section, as a part of their approval of such development proposals. A shared driveway which is proposed to serve parcels of land established by land division approval shall be subject to the approval of the zoning administrator. Section 27.3 [Delete in its entirety] PART B- CHAPTER 17- OR-PUD DISTRICT Section l. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Section l7.2.l.c, as follows: Section Permitted Uses. Except as otherwise provided by this chapter, land in the Office-Residential Planned Unit Development (OR-PUD) District may be used only for the purposes provided below: I. Residential uses, as follows: a. and b. [No change] { ) 4

40 c. Multi-family buildings with a max1mum of four dwelling un its per building. d. and e. [No change] PART C- CHAPTER 34- THE ZONING BOARD OF APPEALS {REASONABLE ACCOMMOOA TIONS) Section 1. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the addition of Section 34. J J, as follows: Section Special Exception Uses fm Reasonable Accommodations for Dwellings for Persons with Disabilities 1. Purpose; Policy of Township. a. This Ordinance shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law, including but not limited to, Title VITI of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988 (the ' Fair Housing Act"), 42 U.S.C ; and Title 11 of the Americans With Disabilities Act (the "ADA"), 42 U.S.C b. It is the policy of the Township that the Zoning Administrator, Planning Commission, Zoning Board of Appeals, and other Township officials with zoning-related responsibilities, shall make reasonable accommodations in the policies, practices and procedures of their offices or bodies, so that handicapped or disabled persons or a provider of housing for a handicapped or disabled person are not discriminated against and are afforded an equal opportunity to use and enjoy dwellings. c. This section provides for the granting of a special exception use by the Zoning Board of Appeals (the "Board of Appeals"), for the purpose of implementing the Township's policy that reasonable accommodations shall be made in the zoning policies and practices of the Township so that handicapped or disabled persons, or those providing housing for them, shall not be discriminated against by reason of any such hand icap or disability in the use and enjoyment of dwellings in the Township. 2. Definitions. Words and phrases used in this section shall have the meanings as provided by the Fair Housing Act and ADA, or otherwise by this Ordinance. 3. Request for Reasonable Accommodations; Application. a. ln order to make specific housing available to one or more individuals with disabilities, a disabled person or a person or provider acting on behalf of an individual with a disability (collectively " Applicant") may request a { } 5

41 reasonable accommodation relating to this Ordinance as applied to a dwelling. b. If an Applicant has a disability or acts on behalf of an individual with a disability which entitles such Applicant to protection under the ADA or the Fair Housing Act, and the use and enjoyment of the dwelling requires an exception from this Ordinance as a "reasonable accommodation," as defined by appropriate federal statutory authority or relevant case law in effect at the time, the Applicant may apply for a special exception use for a reasonable accommodation. c. The Applicant shall apply for the special exception use on a form provided by the Township and shall provide all information requested by the Township with respect to the proposed special exception use. Jf requested by the Applicant, the Zoning Administrator shall, in a timely manner, assist the Applicant in obtaining information required for the information required for the purpose of the application, and if requested, shall assist in the filling out of the application. d. A written application for the special exception use for reasonable accommodation shall include the following information: I. II. Ill. IV. The current zoning of the property on which the dwelling 1s located. The name of the owner of the property and the dwelling (if other than the Applicant); if the Applicant is not the owner, but resides or will reside in the dwelling, written evidence, such as a lease or rental agreement, that the Applicant has the right to occupy the dwelling. The nature of the disability that requires the reasonable accommodation. If the specific persons who are expected to reside in the dwelling are not yet know to the Applicant, the application shall include details describing the expected range of disabilities of prospective residents of the dwelling. The specific type of accommodation requested by the Applicant, with sufficient detail to enable the Board of Appeals to evaluate all that is requested with respect to reasonable accommodation. The application shall include information as to the impact of the reasonable accommodation on adjacent and nearby lands and uses; the number of persons who are expected to be availing themselves of the reasonable accommodation; and any other information which would assist the Board of Appeals in determining the reasonableness ofthe accommodation. { } 6

42 v. Whether the proposed reasonable accommodation would require any additional approval from the Township or other government body. vt. Any other information reasonably requested by the Zoning Administrator to determine the Applicant' s qualification for the requested reasonable accommodation. 4. Confidentiality of Medicallnformation. a. lf the information provided by the Applicant includes medical information or records of the Applicant or proposed residents, including records indicating the identity, medical condition, diagnosis or medical history, the Applicant may, at the time of submitting such medical information, request that the Township, to the extent permitted by law, treat such medical information as confidential information of the Applicant and/or proposed residents. b. In the case of such a request as to confidentiality of medical information provided by the Applicant, the Board of Appeals shall, to the extent permitted by law, review and discuss such medical information only in a closed session. That part of the meeting and public hearing that does not include the information requested to be kept confidential shall be conducted in public session. 5. Recommendation by Zoning Administrator. a. Within 30 days after submission of a complete application, the Zoning Administrator shall review the application and make a written recommendation to the Board of Appeals, stating the reasons that the request for the special exception use should be approved, approved with conditions or denied. A copy of the recommendation shall be provided to the Applicant. b. After receiving the recommendation, the Board of Appeals shall conduct a hearing on the application, with prior notice being given by publication and U.S. mail, in the same manner and to the same extent provided by the Michigan Zoning Enabling Act for an appeal to the Board of Appeals. 6. Decision by Board of Appeals. a. After the public hearing, the Board of Appeals shall approve, approve with conditions or deny the application for the special exception use. The decision of the Board of Appeals shall be based on the following factors: I. Whether the requested reasonable accommodation is necessary to afford a person or persons with a disability an equal oppotiunity to use and enjoy a dwelling. { } 7

43 11. Whether the requested accommodation would require other approval on the part of the Township under the terms of this Ordinance or other applicable Township ordinances and, in that case, the Board of Appeals shall identify such other required approval. ttl. tv. Whether, if such is the case, the Board of Appeals determines that the stated handicap or di sability may be reasonably accommodated by means or procedures of lesser scope and impact than those requested by the Applicant; and if so, the Board of Appeals shall identify the reasons that such lesser accommodation would nonetheless afford the Applicant an equal opportunity to use and enjoy the dwelling. Whether the requested accommodation would impose undue administrative or financial burdens on the Township. 7. Decision. The Board of Appeals shall adopt a resolution stating its decision on the application for the special exception use; the resolution shall include the grounds for approving, approving with conditions or denying the application. 8. Special Exception Use Limited to Applicant. a. The special exception use, if approved, shall be granted to only the Applicant. If the dwelling involved is sold, otherwise changes ownership, or is leased to a party other than the Applicant, or if the Applicant no longer lives in the dwelling, the reasonable accommodation is not transferrable to a different property owner, lessee or any other third party. In the event of any sale of the property, lease of the dwelling to another party or the departure of the Applicant from the premises, the property owner shall promptly notify the zoning administrator. b. If a new property owner or new occupant of the dwelling desires to continue the reasonable accommodation because that person is handicapped or disabled, the Township shall provide the new owner or lessee an opportunity to renew and/or modify the reasonable accommodation, in accordance with the requirements and procedures of this section. lf, however, the existing reasonable accommodation is not renewed or modified within 60 days from the date of the change in ownership, new lease, departure of the Applicant from the premises or otherwise, the reasonable accommodation shall lapse and be of no further effect, whereupon the dwelling shall then comply with all applicable requirements of this Ordinance. 9. Effectiveness of the Special Exception Use. a. The special exception use for the reasonable accommodation shall be in force and effect so long as the Applicant owns and/or resides in the dwelling. The reasonable accommodation shall be limited to the number { } 8

44 of persons availing themselves of the reasonable accommodation, as approved by the Board of Appeals. b. lfthe number of persons for whom the reasonable accommodation in or at the dwelling materially increases from the number of persons specified in the special exception use as approved by the Board of Appeals, a new application for such additional or modified reasonable accommodation shall be submitted, and the consideration and decision thereon shall proceed in the same manner and to the same extent as is provided for an original application. 10. Public Funds. No provision of this section shall require the Township to expend any public funds to achieve a reasonable accommodation except and to the extent requ ired by applicable federal law. I 1. Maintenance of Records. The Township shall maintain files and records of all applications for a special exception use for reasonable accommodation, the Township's responses thereto and all proceedings resulting from such applications. 12. Additional Fees or Charges. Other than a reasonable application fee, the Township shall not impose any additional fees, costs or charges, nor shall it retaliate in any way, against any person who has exercised his or her right under the Fair Housing Act or the ADA to apply for one or more special exception uses for reasonable accommodation. PART D-MISCELLANEOUS ZONING ORDINANCE AMENDMENTS Section I. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Table (SR District) of Section 6.5, as follows: Section 6.5. Lot Area, Lot Width and Building Setback Requirements... Table Parcel Served by Either Public/Community Water System or Public/Community Sewage Disposal System, but not Both Minimum required lot area 12,000 square feet Minimum required lot width 85 feet measured at the minimum required front yard setback Minimum required building setbacks Front yard 35 feet. See Table Side yards Two side yards totaling 18 feet, the smallest must be at least seven feet Rear yard 40 feet { } 9

45 Section 2. The Zoning Ordinance ofthe Charter Township of Grand Rapids is hereby amended by the amendment of Table (SR District) of Section 6.5, as follows: Section 6.5. Lot Area, Lot Width and Building Setback Requirements... Table Parcel Served by Both Public/Community Water System and Public/Community Sewage Disposal System Minimum required lot area l 0,200 square feet Minimum required lot width 85 feet measured at the minimum required front yard setback line; provided, however that the provjsjons of Section 4.3 shall apply to certain existing Jots or parcels Minimum required building setbacks Front yard 35 feet. See Table Side yards Two side yards totaling 18 feet, the smallest must be at least seven feet Rear yard 25 feet Section 3. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of Table (R-1 District) of Section 7.5, as follows: Section 7.5. Lot Area, Lot Width and Building Setbacks... Table Parcel Served by Both Public/Community Water System and Public/Community Sewage Disposal System Minimum required lot area 8,400 square feet Minimum required lot width 70 feet measured at the minimum required front yard setback line Minimum required building setbacks Front yard 35 feet. See Table Side yards Two side yards totaling 18 feet, the smallest must be at least seven feet Rear yard 25 feet Section 4. The Zoning Ordinance ofthe Charter Township of Grand Rapids is hereby amended by the amendment of line 5 of Table 6.3, Special Land Uses, of Section 6.3 (SR Suburban Residential District), as follows: { l 10

46 Section 6.3 Special Land Uses. The special land uses specified 111 Table 6.3 may be permitted if approved by the Planning Commission under Chapter Commercial landscaping Retail and wholesale sales not permitted unless approved by Planning Commission; if permitted, may be only minor and incidental sales. Section 5. The Zoning Ordinance ofthe Charter Township of Grand Rapids is hereby amended by the amendment of I ine 5 of Table 7.3, Special Land Uses, of Section 7.3 (R-1 Single Family Residential District), as follows: 5. Commercial landscaping Retail and wholesale sales not permitted unless approved by Planning Commission; if permitted, may be only minor and incidental sales. Section 6. The Zoning Ordinance of the Charter Township of Grand Rapids is hereby amended by the amendment of the title in subparagraph 5 of Section , Special Use Design Standards, as follows: Section Special Use Design Standards... B. Design Standards Applicable to Certain Special Uses Commercial Landscaping as May be Permitted in the SR and R-1 Districts.... c. On-site retai I and wholesale sales act1v1t1es are not permitted unless specifically approved by the Planning Commission. Any such sales shall be only a minor and incidental activity of the special land use; such sales shall be limited to natural and other products used in the special land use. The Planning Commission may specify the types of commodities and products eligible for onsite sales and may limit the quantity and frequency of on-site sales of landscaping commodities. The Commission may limit the { } II

47 quantity and bulk of landscaping commodities that are stockpiled on the site, transported and/or sold, including topsoil, other earthen material, mulch and the like. PART E- OTHER MATTERS 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. AYES: NAYS: ABSENT: ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Township Supervisor Edward J. Robinette, Township Clerk l hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Charter Township of Grand Rapids at a regular meeting held on the date first stated above, and 1 further certify that public notice of such meeting was given as provided by law. Edward J. Robinette, Township Clerk First Reading: Second Reading: Ordinance becomes effective: { } 12

48 MICHAEL J. DEVRIES SUPERVISOR EDWARD J. ROBINETTE CLERK DAVID A. VAN DYKE TREASURER LEE V ANPOPERING T RUSTEE D AVID M. PI ERANGELI TR USTEE B EVERLY S. WALL T RUSTEE P HILIP D. YEITER TRUSTEE Item# 9 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Susan M. Cady Deputy Treasurer I Office Manager Copy Machine Purchase RECOMMENDATION Consider authorization of the expenditure for a Ricoh C4504ex copy machine at $ from Applied Imaging. BACKGROUND This copier would be replacement equipment for the main copier. The current main copier would be replacing the Assessing copier. We continue to have excellent service from Applied Imaging and would like to maintain a service contract on both machines from the same local supplier. The cost is substantially less than the $ cost from 5 years ago when we purchased the current copier. Applied Imaging is able to offer this savings as part of the MITN Cooperative with the City of Farmington Hills. The MITN Cooperative is comprised of government agencies that work together on cooperative purchasing opportunities. The Kent County Purchasing group does not have copy machine agreements and uses the MiDeal bid process through the state ofmichigan for copiers EAST BELTLINE N. E. GRAND RAPIDS, Ml PHONE: (616) FAx: (616) WEB SITE :

49 M ICHAEL J. DEVR IES SuPERVISOR EDWARD J. R OBINETTE CLERK D AVID A. V AN D YKE TREASURER LEE VAN P OPERING T RUSTEE DAVID M. P IERANGELI T RUSTEE BEV ERLY S. W ALL TRUSTEE PHILIP D. YEITER T RUSTEE Item# 10 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor Consider the recommendations of the Personnel Committee RECOMMENDATION Consider approval of the recommendations of the Personnel Committee regarding 2018 salary and health insurance for BACKGROUND See attached Blue Cross Health Insurance proposal that reduces the rates by 24.6% from the current Priority Health Plan. The coverage changes have been presented to the Grand Rapids Township staff and they are in favor of the change. The salary changes for 2018 reflect increases based on performance and/or increased responsibility EAST BELTLINE N. E. GRAND RAPIDS, Ml P HONE: (616) F AX : (616) WEB SITE :

50 Grand Rapids Charter Township WAGE SCHEDULE Salary Personnel *Supervisor Clerk Treasurer *Office Manager *Assessor *Deputy Assessor *Fire Chief Trustees $75, $39, $19, $72, $72, $62, $65, $27, Hourly Personnel Administrative Assistant Deputy Clerk Receptionist Enforcement Officer Contractual Planning/Zoning $19, Annual Estimate $30, $18, $19, $7, assigned to Supervisor Hourly Personnel Requiring Annual Salary Estimate *Fire Sgt $54, *Fire Sgt $54, *Fire Sgt $54, Paid On Call Fire Fighters $140, *Currently Eligible for Benefits I BENEFIT SCHEDULE SS/Med Pension Health Premium (80%) H.S.A Deductible H.S.A Mise Med *Life AD&D **Total Single 7.65% 12.00% $4, $ $2, $ $30.00 $7, Person 7.65% 12.00% $9, $1, $3, $ $30.00 $14, Family 7.65% 12.00% $12, $1, $3, $ $30.00 $18, *Average For Category-Varies By Age **SS/Med and Pension not included-varies By Salary

51 I N S U R A N C E GRAND RAPIDS CHARTER TOWNSHIP 2018 RENEWAL AND OPTIONS $1,300/$2,600 $1,450/$2,900 $2,000/$4,000 $2,450/$4,900 Deductible/ Coinsurance Deductible/ Coinsurance Deductible/ Coinsurance Deductible/ Coinsurance Deductible/ Coinsurance Deductible/ Coinsurance Deductible/ Coinsurance Deductible/ Coinsurance Prescription Drugs Deductible, then $10 Generic/$40 Form ulary $10 Tier 1AI$30 Tier 1B $60 Tier 2/$80 Tier 3 20%-$200 Tier4/20%-$300 Tier 5 *Rates all include fees and taxes *BCN includes Pediatric Dental

52 MICHAEL J. DEVRIES SUPERVISOR EDWARD J. ROBINETTE CLERK DAVID A. VAN DYKE TREASURER LEE VANPOPERING TRUSTEE DAVID M. PIERANGELI TR USTEE BEVERLY S. WALL TRUSTEE PHILIP D. YEITER TRUSTEE Item# 11 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. De Vries Township Supervisor 2018 Grand Rapids Township Meeting schedule RECOMMENDATION Consider approval of the 2018 Grand Rapids Township Meeting and Holiday schedule for BACKGROUND See attached EAST BELTLINE N.E. GRAND RAPIDS, Ml PHONE: (616) FAx: (616) WEB SITE :

53 GRAND RAPIDS CHARTER TOWNSHIP SCHEDULE OF MEETINGS & Submission Dates All meetings are held in Grand Rapids Township Hall at 7:00pm unless otherwise specified. It is important to note that all agenda requests must have all of the required documents submitted for review and approval by the Township staff prior to the submission date. January 2 January 16 February 6 February 20 March 6 March 20 April3 April17 May1 May 15 June 5 June 19 TOWNSHIP BOARD MEETINGS July 3 July17 August S *Weds August 21 September 4 September 1S October 2 October 16 November 7 *Weds November 20 December 4 December 1S *Agenda submission s, for the Township Board Meetings, are due by the Wednesday prior to each Board meeting. PLANNING COMMISSION ZONING BOARD OF APPEALS MEETINGS Submissions M EETINGS Submissions Jan. 23 Dec. 12, 2017 Jan. 9 Dec. 12, 2017 Feb.27 Jan. 9 Feb. 13 Jan. 9 Mar. 27 Feb. 13 Mar. 13 Feb. 13 Apr. 24 Mar. 13 Apr. 10 Mar. 13 May 22 Apr. 10 May 9 *Weds. Apr. 10 Jun. 26 MayS Jun. 12 May S Jul. 24 ~ Jun. 12 Jul. 10 Jun. 12 Aug. 2S Jul. 10 Aug.14 Jul. 10 Sept. 25 Aug.14 Sept. 11 Aug. 14 Oct. 23 Sept. 11 Oct. 9 Sept. 11 Nov. 27 Oct. 9 Nov. 13 Oct. 9 No Dec. Meeting No Dec. Meeting Jan. 22, 2019 Dec. 11 Jan. S, 2019 Dec. 11 **Planning and Zoning Board of Appeals Meetings are tentative and will be subject to the call of the chair.** Board of Review: March 6, 12&13, 201S July 17, 201S December 11, 201S The Grand Rapids Charter Township will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered at the meeting, to individuals with disabilities at the meeting or public hearing upon seven days notice to the Township Supervisor. Individual with disabilities requiring auxiliary aids or services should contact Michael). DeVries, Township Supervisor, by writing or calling (616) ext 102. The Office Will be CLOSED for the following ttolt~c!tjs Jan. 1, 201S New Year's Day May 2S, 201S Memorial Day July 4, 201S Independence Day Sept. 3, 201S Labor Day Nov. 22 & 23, 201S Thanksgiving Dec. 24 & 25, 201S Christmas

54 M ICHAEL J. D E V RIES SUPERVISOR E DWARD J. R OBINETTE CLERK D AVID A. V AN D YKE TREASURER LEE VAN P OPERING T RUSTEE DAV ID M. P IERANGELI T RUSTEE BEV ERLY S. WALL T RUSTEE PHILIP D. YEITER T RUSTEE Item # 12 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Supervisor AT&T Video Franchise Agreement renewal RECOMMENDATION Consider approval of the 10 year renewal of the AT&T Video Franchise Agreement. BACKGROUND The State ofmichigan has established a standard video franchise agreement that regulates all cable providers in the state. The local communities must approve the agreement in order to receive funds to use in the Public Right-of-Way EAST BELTLINE N. E. GRAND RAPIDS, Ml P HONE: (616) F Ax: (616) WEB SITE :

55 AT&T Jim Murray President AT&T Michigan 221 N. Washington Square Lansing, Ml Office: (517) Fax: (517) October 18, Via UPS Overnight Delivery I }, V I Edward Robinette Clerk of the Charter Township of Grand Rapids 1836 East Beltline, NE Grand Rapids, Michigan Re: Renewed Video Service Local Franchise Agreement for AT&T Michigan Dear Mr. Robinette: Pursuant to Section 3 of 2006 Public Act 480, MCL ("Act 480") and the January Order ("Order") and the April 16, 2009 Order of the Michigan Public Service Commission ("Commission"), in Case No. U , Michigan Bell Telephone Co. doing business as AT&T Mi chigan ("AT&T"), hereby files the enclosed Uniform Video Service Local Franchise Agreement ("Renewed Agreement") by and between the Cha1ter Township of Grand Rapids, a Michigan municipal corporation (the "Franchising Entity") and AT&T (the ''Provider"). The enclosed Renewed Agreement will have the effect of continuing in place the current terms and conditions in the Uniform Video Service Local Franchise Agreement between AT&T and Charter Township of Grand Rapids dated February 22, 2008 ("Initial Agreement"). The enclosed filing includes the standard form agreement approved by and required for use by the Commission, and it has been completed in accordance with the Commission's Instructions issued in the Order. The Commission's Order and Instructions may be found at the following Commission web link: u-l l pdf In the Initial Agreement AT&T pays a video service provider fee of 5% and a PEG Fee of 1.5%. The same fees are included in the Renewed Agreement. Attachment I to the Renewed Agreement contains Confidential Information. Pursuant to Section II of Act 480, Section "XIII. Confidentiality" of the Renewed Agreement, and page I of the In structions for Uniform Video Service Agreement issued in the Order, AT&T has deemed the "Video Service Area Footprint" as Confidential Information. The Confidential Information for Attachment I has been set lorth in Confidential Attachment A, and has been placed in a separate, sealed envelope and clearly identified by the label ofthe envelope as follows: (AT&T Michigan "CONFIDENTIAL INFORMATION"). Pursuant to Section XIII of the Renewed Agreement, Section II of Act 480, and the Commission's Instructions, the Charter Township of Grand Rapids as the Franchising Entity receiving the information so

56 Mr. Edward Robinette October 18, 2017 Page 2 designated as confidential is required (a) to protect such information from public disclosure. (b) exempt such in formation from any response to a Freedom of Information Act ("FOIA ") request made under MCL to and (c) make the information available only to and for use only by such local officials as are necessary to approve the Agreement or perform any other task for which the information is submitted. The Charter Township of Grand Rapids has 15 business days beginning on October within which to notify AT&T if the Renewed Agreement is complete. If the Chat1er Township of Grand Rapids does not notify AT&T regarding the completeness of the Renewed Agreement within this 15 business day period, pursuant to Section 3(3) of Act 480, the Renewed Agreement shall be deemed complete. Any notice by the Charter Township of Grand Rapids regarding the completeness of the Renewed Agreement must comply with Section 3(2) of Act 480 and must be sent by facsimile to each of the representatives of AT&T identified in Section "XV. Notices" ofthe enclosed Renewed Agreement. If there are any questions concerning the enclosed filing, please contact Yvette Collins, Di rector, External Affairs at Jim Murray President AT&T Michigan Attachments cc: Ruth Gaudard, AT&T External Affairs Manager

57 M ICH AEL J. DEVR IES SuPERVISOR E DWARD J. R O BINETTE CLERK D AVID A. V AN D YKE T REASURER LEE V A N P OPERING T R U STEE D AVID M. P IERANGELI T RUSTEE B E V ERLY S. W ALL TRUSTEE P HILIP D. YEITER TR USTEE Item# 13 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Michael J. De Vries Supervisor Crahen Valley Park snow plowing proposal RECOMMENDATION Consider approval to add snowplowing at Crahen Valley Park to the Tender Lawn Care contract in the amount of$1, BACKGROUND We currently use Tender Lawn Care to plow the Grand Rapids Township facilities and this would add to their annual contract EAST BELTLINE N. E. GRAND RAPIDS, Ml PHO NE: (616) FAx : (616) W EB SITE:

58 Gender awn care. GRAND RAPIDS TOWNSHIP ATTN. BOB VERSLUYS & MIKE DEVRIES 1836 E. BELTLINE AVE NE 10/16/17 GUST # : C: GRAND RAPIDS, Ml SITE: Crahen Valley Park Leonard NE, Thank you for considering Tender lawn Care as your snowplowing service. We look forward to providing you with service for the 2017 I 2018 winter season. Under normal conditions we plow snow once a day after accumulations of 1 W' or more. Our plowing is usually done between the hours of midnight to 7:00AM. For 'late snows' and heavier accumulations, plowing will take longer. Daytime snow accumulations of 3" or less will be considered 'passable' snow and will be plowed the following night. Daytime plowing will be for main parking lot aisles, drives and loading docks. Please return a signed copy of this proposal as soon as possible to confirm your snowplowing arrangements with us for the winter season. Service includes: Drives, Parking Lots, Other- see notes. Season's cost for snow plowing drives & parking lots is $ 1, Total= $ 1, Payable in 5 payments of$ each due the 1Oth of: NOV DEC JAN FEB MAR Notes: 1. Plowing based on 20 times per season ; additional visits will be billed at $54.00 each. 2. Parking lot salting will be billed additional at $95/salting. (cost may be higher for freezing ra in salting) Please check one: ( ) At Tender Lawn Care's discretion. ( ) Only upon customer request. 3. When excessive snow conditions exist, the contractor is authorized to use a front-end loader or other equipment it deems necessary to move or remove piles or to help clear excessive snow accumulations. Unless this occurs during blizzard conditions, we will get permission before doing this type of work. 4. We will do our best to maintain a safe parking lot surface; however, we cannot guarantee a slip free surface or be held liable for any incidents related to winter weather. 5. Payment is due upon receipt of invoice. After 30 days a late fee of 1.5% per month, (an annual percentage rate of 18%) will be charged on past due accounts. Upon your approval we are agreed Tender Lawn Care, Inc will add you as an additional insured on our policy. Prices are valid for 30 days. Your Signature: , /2017 *Please respond to this proposal within thirty days. Thank you. Landscape Maintenance Fertilizing & Weed Control Snow Plowing 2436 Oak Industrial Drive N.E., Grand Rapids, Ml Phone Fax ~

59 M ICHAEL J. D E V RIES SuPERVISOR EDWARD J. R OBINETTE CLERK D AVID A. V AN D YKE T REASURER LEE V AN P OPERING T RUSTEE DAVID M. P IERANGELI T RUSTEE BEVERLY S. WALL T RUSTEE PHILIP D. YEITER T RUSTEE Item# 14 November 7, 2017 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. De Vries Township Supervisor 2017 Lake Management Special Assessment District increases RECOMMENDATION Consider approval of 10% increases in 2017 for all five Lake Management Special Assessment Districts: Dean, Echo, Perch, Reed and Hidden. BACKGROUND Grand Rapids Township received requests from all five of the representatives of the Lakes Management Special Assessment Districts to increase their assessments for The assessment will be applied to the 2017 winter tax bills. The state statute allows for 10% increases without the need for a formal process EAST BELTLINE N. E. GRAND RAPIDS, Ml P HONE : (616) F Ax : (616) WEB SITE : www. G RANDRAPIDS T WP.ORG