For second reading by Township Board on 9/15/15 CHARTER TOWNSHIP OF GRAND RAPIDS COUNTY OF KENT, MICHIGAN At a regular meeting of the Township Board of the Charter Township of Grand Rapids, held in the Township Hall, 1836 East Beltline Avenue, N.E., Grand Rapids, Michigan, on the 15th day of September, 2015, at 7:00 p.m. PRESENT: ABSENT: Members: DeVries,Merchant,Pierangeli,Robinette,Roth,VanDyke Members: Van Popering The following ordinance was offered by Member Rusty Merchant and supported by Member David Van Dyke. ORDINANCE NO. 506 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CHARTER TOWNSHIP OF GRAND RAPIDS [Amendment No. 3 of Evergreen Lake Office Park North Planned Unit Development] THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: WHEREAS, on July 8, 2000, the Township Board adopted Township Ordinance No. 400, whereby lands at approximately 3000 East Beltline Avenue NE were rezoned from the C-2 Residential Suburban Office District to the PUD-3 Low Density Office Planned Unit Development District in accordance with the final development plan of the Evergreen Lake Office Park North Planned Unit Development (PUD); WHEREAS, on May 7, 2002, the Township Board adopted Township Ordinance No. 418, whereby Amendment No. 1 in the Evergreen Lake Office Park North PUD was amended to add additional lands to the PUD, for the purpose of the design, development and use of Evergreen Lakes Condominiums, a residential condominium development, consisting of 60 attached condominium dwellings, for one single-family each, located on Woodridge Circle, a private street within the PUD;
WHEREAS, on December 5, 2006, the Township Board adopted Township Ordinance No. 454, whereby Amendment No. 2 in the Evergreen Lake Office Park North PUD, then zoned in the PUD-4 District (formerly the PUD-3 District), was amended to permit a proposed office park development sign; WHEREAS, Evergreen North, LLC has applied for Amendment No. 3 in the Evergreen Lake Office Park North PUD, now zoned in the OR-PUD District (formerly the PUD-4 District), to permit the construction and use of an office building on Unit 9 of the Evergreen Lake North Condominium, designated as Kent County Condominium Subdivision Plan No. 583, and as it has been amended, located within the PUD; WHEREAS, on August 25, 2015, the Township Planning Commission held a public hearing on the ordinance to approve Amendment No. 3 in the PUD, after the giving of public notice as required by law, and recommended that the Township Board adopt the ordinance approving Amendment No. 3; WHEREAS, on September 1, 2015, the Township Board held a first reading on this ordinance approving Amendment No. 3, and thereafter posted the entire text of this ordinance on the Township website, and published notice of such posting in the local newspaper as required by law; WHEREAS, on September 3, 2015, the Township Site Plan Review Committee reviewed the revised PUD plan and made further requirements, which have been incorporated into this ordinance; and WHEREAS, on the date hereof, the Township Board held a public hearing on this ordinance approving proposed Amendment No. 3, after the giving of public notice by publication and mailing as required by law. Section 1. Amendment No. 3 in PUD. Township Ordinance Nos. 400, 418 and 454 covering the Evergreen Lake Office Park North PUD, and which together amended Section 3.3 of 2
the Township zoning ordinance, the Zoning Map, to rezone lands to the OR-PUD District (formerly the PUD-4 District), are hereby amended in accordance with the revised final development plan of the PUD (the Development ), to permit the design, construction and use of an office building and other site amenities on Unit 9 of the Evergreen Lake North Condominium, as located within the PUD, upon the terms and subject to the conditions of this ordinance. Section 2. Revised PUD Plan of the Development. The design, construction and use of the proposed office building, and the construction and use of the site thereof within Unit 9, shall comply with the revised PUD plan (the Plan ) submitted by the applicant and dated July 20, 2015, except as the Plan has been revised or augmented by the terms of this ordinance, in which case this ordinance shall control. Section 3. Lands Affected. This ordinance regulates the design, development, construction and use of the following described lands: Unit 9 of Evergreen Lake North, a condominium, as described in Kent County Condominium Subdivision Plan No. 583, recorded in Liber 6110, page 178 of the records of the Kent County Register of Deeds, and as amended by that certain First Amendment to Master Deed thereof, together with a route of motor vehicle access by means of North Evergreen Drive and other streets, all within the Evergreen Lake Office Park North Planned Unit Development, located in the southwest quarter of Section 2, T7N, R11W, Grand Rapids Township, Kent County, Michigan. Section 4. Conditions on the Planned Unit Development. The amendment of Township Ordinance Nos. 400, 418 and 454, for the Development, is further expressly subject to all of the following terms and conditions: (a) Land Uses. The Development shall be constructed and used only for the office uses permitted in the OR-PUD District as stated in Section 17.2.2 of the Township zoning ordinance, together with off-street parking areas, driveways, landscaping signage, storm water management, open space and other associated uses, as shown on the Plan, but subject to the terms and conditions of the ordinance. 3
(b) Building; Setbacks; Design. (1) The proposed two-story office building shall have about 29,227 square feet. (2) The building shall not exceed a height of 35 feet as measured from the ground at the main entry to the building. (3) The building shall be set back from the boundary lines of Unit 9 and within the building envelope as shown in the Plan. The building shall be located entirely to the east of the existing sanitary sewer easement which extends across Unit 9, to the rear of the proposed building. (4) The building shall be designed to avoid massive walls or facades, flat roofs and other adverse exterior features which would be out of character or out of scale with the existing nearby buildings in the PUD. (5) There may be wall-mounted light fixtures on the front wall of the building, but such light fixtures shall not project illumination into the parking lot in front of the building. (c) Motor Vehicle Access; Off-Street Parking. (1) The primary entrance to and exit from the Development shall be a driveway extending from North Evergreen Drive, as shown on the Plan. (2) Off-street parking and loading areas, including maneuvering lanes, shall be constructed with materials equal to or better than those in accordance with standards established by the Kent County Road Commission for commercial driveways. (3) The entrance drive shall be constructed in accordance with the standards for private streets for a commercial development in accordance with Chapter 27 of the Zoning Ordinance. 4
(4) Off-street parking areas and internal access drives shall be maintained in good condition, free from dust, trash and debris. (5) All aspects of the off-street parking and loading spaces shall comply with Chapter 28 of the zoning ordinance. (6) There shall be a total of 131 off-street parking spaces, including five barrier-free spaces. Each parking space shall be at least nine feet wide and 19 feet long. Each maneuvering aisle in the parking area shall be at least 24 feet wide, in accordance with Table 28-1 of Section 28.6 of the zoning ordinance. (7) Other aspects of the off-street parking area, including the sidewalk at the front of the building and the parking area setback from the boundary lines of Unit 9, shall be as shown on the Plan. (d) Sewer System and Water Supply. (1) The Development shall be served by the public water supply system and the public sanitary sewer system. The necessary sewer and water mains, laterals and other appurtenances necessary to supply potable water to the building and to collect and transmit sewage from the building in the Development shall be installed according to Township specifications, at the sole expense of the Developer, and dedicated to the public upon completion. All aspects of the sanitary sewer system and water supply system shall be subject to the approval of the Township engineer. (2) The Developer shall obtain Township approval of the connection of the building in the Development to the public sanitary sewer system under the terms of the Township water and sewer ordinance. All other aspects of the design, installation, operation and maintenance of the sanitary sewer system within the Development shall comply with the terms of said ordinance. 5
(3) Domestic water supply to the building within the Development shall be provided by means of the public water supply system within the time specified for connection under the terms of the Township water and sewer ordinance. (e) Storm Water Drainage. (1) The applicant shall submit a storm water drainage plan for the Development. The storm water drainage plan and the design, construction and operation of the storm water drainage system shall comply in all respects with the Township storm water ordinance. The drainage plan and storm water drainage system for the Development shall be reviewed by the Township engineer and the Township Site Plan Review Committee, and shall be subject to the engineer s and the Committee s approval, under the terms of the storm water ordinance. No permit for the construction of the proposed building shall be issued until the storm water drainage plan has been submitted and approved. (2) The use of the surface water drainage system in the Development and the discharge of waters from the storm sewer system, and other elements of the surface water drainage system, shall be accomplished so as to have no significant adverse effect upon the Development lands, or upon adjacent or nearby lands or surface waters, by reason of flooding, erosion, pollution or otherwise. (3) A storm water system maintenance agreement for the building and site shall be submitted to the Township, or the existing storm water system maintenance agreement for the PUD shall be appropriately amended so as to include all necessary storm water maintenance arrangements for Unit 9, as approved for development hereunder, and such agreement, whether exclusively for Unit 9 or whether included in the overall agreement for the PUD, shall be subject to approval of the Township engineer. The applicant shall comply with any resulting Township engineer requirements as to storm water management and control. 6
(4) It has been noted that at other locations along Evergreen Lake, discharges from storm sewers have caused periodic washouts of the trail system, though it is unknown at this time whether such events may occur as to that part of the trail system located on Unit 7. The applicant shall be responsible for maintaining the walking paths within Unit 7 in good condition, including any prompt repairs of washouts which may occur. (5) The applicant shall comply with the requirements of the Township engineer as stated in his letter of September 3, 2015. (f) Utilities. Natural gas service, electrical service and telephone service to the Development shall be by means of underground facilities. (g) Soil Erosion and Sedimentation Control. In the construction and use of the Development, the applicant shall comply in all respects with any required soil erosion and sedimentation control permit. A copy thereof shall be promptly submitted to the Township, after issuance. (h) Landscaping and Screening. (1) The applicant has submitted a landscape plan for the Development. The landscape plan shall comply with all applicable provisions of Chapter 29, Landscaping, of the zoning ordinance, including but not limited to Section 29.5, as to size and type of landscape materials; Section 29.8, with respect to front yard landscaping; and Section 29.9, with respect to offstreet parking area landscaping. Any additional matters as to landscaping shall be subject to the approval of the zoning administrator. (2) The dumpster shall be located as shown on the Plan, and shall be screened from view from all sides, except when the screening around the dumpster is opened to permit deposit or removal of trash or debris. The door or front portion of the screening around the dumpster shall be kept entirely closed when there is no need to deposit or remove trash. 7
(3) The front and side yards of the building shall be screened or landscaped or used for off-street parking and for loading and unloading in accordance with all applicable provisions of the zoning ordinance, and shall also be kept clear and unobstructed and shall not be used for the storage or disposal of any materials, except as otherwise provided herein. (4) That part of the rear yard of the proposed building located between the rear line of the building and the east line of the existing sanitary sewer easement, shall be landscaped in accordance with the applicant s landscape plan, but subject to approval of the Site Plan Review Committee. That part of the rear yard of the building located between the east line of the sanitary sewer easement and the west line of Unit 9 shall be established, maintained and preserved as an undeveloped green space area. The existing trees in that area shall be preserved if feasible; other trees and plantings may be added, either in accordance with the landscape plan or otherwise consistent with the required green space nature of the described area. The existing walkway within this area, and the use thereof, are consistent with the green space requirements for this area, and may continue. (i) Outdoor Lighting. Outdoor lighting shall be installed in compliance with applicable Township ordinance requirements, including Section 4.22 of the zoning ordinance. The light poles and fixtures shall not exceed a height of 20 feet. The site plan shall be revised to correct the height of the outdoor light fixtures to be 20 feet. A revised site plan shall be promptly submitted to the Township zoning office. A lighting plan shall be submitted to the zoning administrator and shall be subject to the administrator s approval. No permit for the construction of the proposed building shall be issued until the outdoor lighting plan has been submitted and approved. 8
(j) Signage. (1) All signage in the Development shall comply with the requirements for wall signs and ground signs in the OR-PUD District, as stated in Table 30.11 of Section 30.11 of the zoning ordinance. The applicant shall submit detailed design specifications for all proposed signage, including the size, height, location and general appearance thereof. All signage shall be subject to the approval of the zoning administrator. A certificate of occupancy for the proposed building shall not be issued until the signage plan has been submitted and approved. (2) The site plan shall be revised to correctly show the applicable sign requirements: the proposed ground sign shall not exceed 24 square feet in area nor shall it exceed a height of eight feet. The sign shall be set back at least five feet from the right-of-way line of North Evergreen Drive. All wall signs on the building together with the ground sign shall not exceed a total sign area, for all signs on the site, of 32 square feet. A revised site plan shall be promptly submitted. (k) Fire Protection. The design, layout and construction of the Development shall be reviewed by the Township Fire Chief as to matters of public safety, emergency access and sufficiency of the fire protection water supply. The recommendations, if any, of the Fire Chief on these matters shall be complied with by the applicant, unless otherwise provided by an amendment in this ordinance. (l) Required Open Space. In accordance with the Plan, a total of at least 55% of the area of Unit 9 shall consist of undeveloped green space. (m) Other Matters. (1) All storage within the Development shall take place only entirely inside the building shown on the Plan; no outside storage shall be permitted. 9
(2) Based on the expected height of the two walls located at the south side of the building and at the north line of the parking area, the applicant shall install permanent railings reasonably sufficient to prevent injury or other adverse effects from persons who may climb or attempt to climb the walls. (3) Although the site plan shows a slight encroachment of the patio behind the building, into the sanitary sewer easement, the applicant has assured that the patio will not in fact encroach into the easement, and such non-encroachment is a requirement of this ordinance. (4) The requirements of the Site Plan Review Committee, as shown in the minutes of its September 3, 2015 meeting, shall be complied with by the applicant. Section 5. Township Board Findings. The Township Board determines that the Development satisfies the standards for approval of a PUD as stated in Section 13.13 of the zoning ordinance, as follows: (a) The Development would result in a recognizable and substantial benefit to the ultimate users of the project and to the community, and such a benefit would otherwise be unfeasible or unlikely to be achieved. (b) The Development would not result in a significant increase in the need for public services and facilities and utilities, nor would it place a significant burden upon surrounding lands or the natural environment. (c) The Development would be generally compatible with the Township Comprehensive Land Use Plan and would be consistent with Chapter 13 of the zoning ordinance, pertaining to planned unit developments. (d) The Development would not result in significant adverse effects upon nearby or adjacent lands, and would not change the essential character of the surrounding area. 10
(e) The Development is designed and laid out to preserve natural resources and natural features to the fullest extent possible. (f) The Development would be consistent with the public health, safety and general welfare. The conditions set forth herein with regard to the Development are determined to be those conditions which are necessary to ensure that public services and facilities affected by the Development will be capable of accommodating increased public service demands caused by the Development, to protect the natural environment and to conserve natural resources and energy, to insure compatibility with adjacent land uses and to promote the use of land in a socially and economically desirable manner. Section 6. (a) Enforcement. The Township may enforce the provisions of this ordinance and applicable provisions of the zoning ordinance, building code and other ordinances, laws and regulations to the extent and in any manner provided by law. In the event that the applicant shall fail to carry out, either at all or on a timely basis, any provision or requirement of this ordinance or other applicable law, ordinance or regulation, the Township may through its building official or other Township agency issue and post a stop-work order at the site of any improper or non-complying part of the Development, directing that all further construction of such part of the Development be ceased forthwith, pending compliance with any applicable provisions of this ordinance or of other Township ordinances, regulations or state laws. (b) Upon the issuance of any stop-work order, the applicant shall comply fully therewith without delay. Upon the correction of any matters as to which the stop-work order was issued, the Township shall promptly rescind and remove the stop-work order, whereupon the applicant may again proceed with construction or other permissible activity as to the Development. 11
The issuance and posting of any stop-work order shall not be an exclusive remedy, but may be undertaken by the Township in addition to all other lawful means of enforcement. Section 7. Scope of this Ordinance. This ordinance amends Township Ordinance Nos. 400 and 454, covering the Evergreen Lake Office Park North PUD, only as specifically stated herein. All other terms and provisions of such ordinances remain in full force and effect. Section 8. 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: Members: Roth, VanDyke, DeVries, Merchant, Pierangeli, Robinette NAYS: Members: None ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Supervisor Charter Township of Grand Rapids Edward J. Robinette, Clerk Charter Township of Grand Rapids First Reading: September 1, 2015 Second Reading: September 15, 2015 Ordinance Becomes Effective: October 4, 2015 12
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 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, Clerk Charter Township of Grand Rapids 13