NOTICE IS HEREBY GIVEN that at a special meeting held on March 30, 2021, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI 48346, the Charter Township of Independence Board of Trustees approved the Adoption of an Amendment to the Township’s Code of Ordinances, Chapter 50, pursuant to Article 9, Planned Districts, Overlay Districts, and Other Special Development Regulations, Section 9.02, “Planned Unit Development.” It is the purpose of this Ordinance to rezone certain property situated in section 22 of the Township to Planned Unit Development (“PUD”) and to provide regulations for the development and use of such property.
A true copy of the Ordinance is on file and available for viewing 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.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF INDEPENDENCE
ORDINANCE NO. 2021-50-003
Section 1 of Ordinance
The approximately 68.01 acres of property in Section 22 of the Township, known as Tax Parcel Nos.: 08-22-351-057, 08-22-351-056, 08-22-351-010, 08-22-351-011, 08-22-351-009, 08-22-351-016, 08-22-351-058, 08-22-351-018, and 08-22-351-017, more particularly described on the attached and incorporated legal description (referred to as the “Property”)(Exhibit “A”), is hereby rezoned in the Zoning Ordinance and on the Zoning Map, from Multiple-Family Residential (R2), Local Business (C1), and Planned Shopping Center (C2), to Planned Unit Development (PUD), subject to and in accordance with this amendatory Ordinance, referred to as the “Waldon Village II PUD Ordinance.”
Section 2 of Ordinance
States that the amendment is subject to all improvements and use the property being in conformity with, the following: Chapter 50, Article 9, Section 9.02 of the Independence Township Code of Ordinances; The Permit Conditions for the Waldon Village II Planned Unit Development, dated March 31, 2021; the PUD Plans for the Waldon Village Planned Unit Development attached to the Permit Conditions identified above, which PUD Plans are approved by the adoption of this Waldon Village II PUD Ordinance; the Development Agreement for the Waldon Village II, dated the effective date of this Ordinance; any and all conditions of the approvals of the Charter Township of Independence Board of Trustees and Planning Commission relating to the Waldon Village II Planned Unit Development, as reflected in the official Minutes of such approvals; all applicable Township Ordinances and design standards for the R-2 District of the Township Zoning Ordinance which are deemed to apply to Phase I and Phase II of this Planned Unit Development and design standards which are deemed to apply to Phase I and Phase II of this Planned Unit Development pursuant to Section 9.02.C.4 of the Township Zoning Ordinance, except for deviations, which have been approved as part of the PUD Plans and Permit Conditions; recordation with the Oakland County Register of Deeds Office of the Development Agreement upon this Waldon Village II PUD Ordinance becoming effective; all applicable Township Ordinances and all Township design standards.
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 March 30, 2021 and ordered to be given publication in the manner prescribed by law.
Ayes: 6
Nays: 0
Abstentions: 0
Absent: 1
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
I, the undersigned, the qualified and acting Township 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 Board of Trustees of the Charter Township of Independence at a meeting held on the 30th day of March_, 2021, the original of which is on file in my office.
CHARTER TOWNSHIP OF INDEPENDENCE
By: Cari J Neubeck, Clerk
Introduced: November 10, 2020
Published: November 18, 2020-Clarkston News
Adopted: March 30, 2021
Published: April 7, 2021
Effective: April 15, 2021