NOTICE IS HEREBY GIVEN, That at its Regular meeting on May 15, 2018, the Charter Township of Independence Board of Trustees approved a second reading of the Pine Vista PUD for a 79 unit single family detached condominium development and adopted an ordinance to amend the Charter Township of Independence Zoning Ordinance for the purpose of reclassifying certain property situated in Section 23 of the Township to Planned Unit Development (PUD)/R-1B pursuant to Chapter 50, “Zoning Ordinance,” Article 9, “Planned Districts, Overlay Districts, and Other Special Development Regulations,” Section 9.02, Planned Unit Development,” and to provide regulations for the development and use of such property.

A true copy of this Ordinance is on file and available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Ctr. Dr., Clarkston, MI 48346 and available on the Township’s website at: www.indtwp.com.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2018-50-003

ORDINANCE GRANTING

THE PINE VISTA

PLANNED UNIT DEVELOPMENT

(Text and Map Amendment to Zoning Ordinance)

An Ordinance to amend the Charter Township of Independence Zoning Ordinance for the purpose of rezoning certain property situated in Section 23 of the Township to R-1B/Planned Unit Development (PUD) pursuant to Chapter 50, “Zoning Ordinance,” Article 9, “Planned Districts, Overlay Districts, and Other Special Development Regulations,” Section 9.02, “Planned Unit Development,” and to provide regulations for the development and use of such property.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1 of Ordinance

The approximately 38.17 acres of property in Section 23 of the Township, known as Parcels 08-23-200-006, 08-23-200-007, 08-23-200-008, and 08-23-200-0015 and more particularly described on the attached and incorporated legal description (referred to as the “Property”), is hereby rezoned in the Zoning Ordinance and on the Zoning Map, from Rural Residential (R-1R) to R-1B/Planned Unit Development (PUD), subject to and in accordance with this amendatory ordinance, referred to as the “Pine Vista PUD Ordinance.”

Section 2 of Ordinance

This amendment to the Township Zoning Ordinance is granted subject to, and all improvement and use of the Property shall be subject to and in conformity with, the following:

(A) Chapter 50, Article 9, Section 9.02 of the Independence Township Code of Ordinances.

(B) The Permit Conditions for the Pine Vista Planned Unit Development, dated May 9, 2018.

(C) The PUD Plans for the Pine Vista Planned Unit Development attached to the Permit Conditions identified in (B), above, which PUD Plans are approved by the adoption of this Pine Vista PUD Ordinance.

(D) The Development Agreement for the Pine Vista Planned Unit Development, dated the effective date of this ordinance.

(E) Any and all conditions of the approvals of the Charter Township of Independence Board of Trustees and Planning Commission relating to the Pine Vista Planned Unit Development, as reflected in the official minutes of such approvals.

(F) All applicable Township ordinances and design standards for the R-1B District of the Township Zoning Ordinance which are deemed to apply to this Planned Unit Development pursuant to Section 9.02.C.4 of the Township Zoning Ordinance, except for the following deviations, which have been approved as part of the  PUD Plans and Permit Conditions: (1) deviations from the R-1B zoning requirements for  front setbacks; and, (2) deviation from the density requirements of the R-1B district.

(G) Recordation with the Oakland County Register of Deeds Office of the Development Agreement upon this Pine Vista PUD Ordinance becoming effective.

(H) All applicable Township ordinances and all Township design standards.

To the extent that there are conflicts or discrepancies between the respective provisions or contents of items (A) through (H), above, interpretation shall be based upon the more strict regulation of the Property, and interpretation shall be subject to the determination of the Township Board in its reasonable discretion.

Section 3 of Ordinance

Savings.  Amended only as specified in this Ordinance, the Zoning Ordinance shall remain in full force and effect.

Section 4 of Ordinance

Severability.  If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 5 of Ordinance

Effective.   The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication.  If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined.  A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.

Section 6 of Ordinance

Enactment.  This ordinance is declared to have been enacted by the Township Board of the Charter Township of Independence at a meeting called and held on May 15, 2018, and ordered to be given publication in the manner prescribed by law.

Ayes: Kittle, Pallotta, Brown, Aliaga, Loughrin, Ritchie, Schroeder

Nays: None

Abstentions: None

Absent: None

STATE OF MICHIGAN           )                                                                                                               ) ss.

COUNTY OF OAKLAND         )

I, the undersigned, the qualified and acting Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Township Board of the Charter Township of Independence at a meeting held on May 15, 2018, the original of which is on file in my office.                                                                       CHARTER TOWNSHIP OF INDEPENDENCE

By

Barbara A. Pallotta, Township Clerk

INTRODUCED:          January 23, 2018

PUBLISHED:             February 14, 2018

ADOPTED: May 15, 2018

PUBLISHED              June 6, 2018

EFFECTIVE