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Independence Township


THIRD AMENDMENT TO ORDINANCE GRANTING THE McLAREN HEALTH CARE PLANNED UNIT DEVELOPMENT



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January 30, 2013 - NOTICE IS HEREBY GIVEN that at its regular meeting on July 17, 2012 The Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Independence Charter Township Code, as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 83A-12-01

THIRD AMENDMENT TO ORDINANCE GRANTING THE McLAREN HEALTH CARE PLANNED UNIT DEVELOPMENT

LEGAL DESCRIPTION

REVISED OVERALL PARCEL

Part of the Northeast 1/4 of Section 27, T.4N., R.9E., Independence Township, Oakland County, Michigan, described as:

Beginning at the East 1/4 corner of said Section 27;

thence along the East-West 1/4 line of said section 27 as monumented, S8823'42"W, 1330.17 feet to a found concrete monument;

thence continuing along said East-West 1/4 line as monumented, S8815'40"W, 1263.69 feet to the east line of Sashabaw Road (60 feet half width);

thence along said east line, N0107'14"W, 740.33 feet to a point on the north line of Bow Pointe Drive (variable width);

thence along said north line, N8701'07"E, 114.97 feet;

thence continuing along said north line, S8143'07"E, 128.00 feet to a point on the north line of Bow Pointe Drive (70 feet wide);

thence along said north line, N8701'07"E, 131.01 feet;

thence leaving said north line, N0030'14"W, 364.60 feet;

thence S8649'46"W, 376.29 feet to the east line of Sashabaw Road (60 feet half width);

thence along said east line, N0107'14"W, 245.08 feet;

thence N8817'07"E, 1278.90 feet;

thence N0106'15"W, 503.95 feet;

thence N0125'43"W, 263.61 feet to the southerly line of Interstate-75 Highway (variable width);

thence 922.16 feet along said southerly line on the arc of a curve to the left, having a radius of 5926.58 feet, a central angle of 0854'54", and a chord bearing S5822'54"E, 921.23 feet;

thence leaving said southerly line of Interstate-75, S0135'00"E, 839.62 feet;

thence 88.60 feet along the arc of a curve to the right, having a radius of 77.00 feet, a central angle of 6555'51", and a chord bearing S2257'06"E, 83.80 feet;

thence N8825'00"E 497.97 feet to a point on the east line of said section 27 as monumented;

thence along said east line of Section 27, S0135'00"E, 668.01 feet to the Point of Beginning; containing 76.601 acres more or less, and subject to easements and restrictions of record, if any.

An Ordinance to Amend Ordinance No. 83A-07-03, as amended, under the Charter Township of Independence Zoning Ordinance, being Ordinance No. 83, for the purpose of amending the McLaren Health Care Planned Unit Development, also known as the McLaren Planned Unit Development.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1 of Ordinance

The property described on the attached and incorporated legal description (referred to as the "Property") was previously rezoned and reclassified in and under the Charter Township of Independence Zoning Ordinance and on its Zoning Map, from Industrial Office Park (IOP) and Office Service Two (OS-2) to Planned Unit Development (PUD), subject to and in accordance with Ordinance No. 83A-07-03, approved May 14, 2007, as amended by the first amendment to said Ordinance approved November 20, 2007, and by the second amendment to said Ordinance approved May 7, 2009. Said Ordinance 83A-07-03 and the amendments thereto are referred to as the "McLaren PUD Ordinance." This Third Amendment to Ordinance Granting the McLaren Health Care Planned Unit Development is referred to as the "Third Amendment to McLaren PUD Ordinance." The purpose of this Third Amendment to McLaren PUD is to amend the McLaren PUD Ordinance to incorporate amendments to the plans, permit conditions, and development agreement for the McLaren PUD that have been approved by the Charter Township of Independence (referred to as the "Township").

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 III, Division 22 of the Independence Township Code of Ordinances, as amended.

(B) The PUD Plans for the McLaren Health Care Planned Unit Development, as revised to date, and only as approved by the Township Board of Trustees on the date of adoption of this Third Amendment to McLaren PUD Ordinance by the Township Board of Trustees.

(C) The Amended and Restated Permit Conditions for the McLaren Planned Unit Development, dated October 16, 2012.

(D) This Amended and Restated Development Agreement for the McLaren Planned Unit Development, dated October 16, 2012.

(E) The Declaration of Easements, Covenants and Restrictions dated October 18, 2007, and recorded on October 24, 2007, at Liber 39696, Page 609, Oakland County Records, as amended by the First Amendment to Declaration of Easements, Covenants and Restrictions, dated April 20, 2009, and recorded on May 18, 2009 at Liber 41166, Page 538, Oakland County Records; and as re-recorded at Liber 41485, Page 276, Oakland County Records, and as shall be amended by the property owners, upon approval of such amendment by the Township Supervisor, for purposes of incorporating changes necessary to comply with and maintain consistency with the PUD Plans, Amended and Restated Permit Conditions, and Amended and Restated Development Agreement.

(F) Any and all conditions of the approvals of the Independence Township Board of Trustees and Planning Commission relating to the McLaren Health Care Planned Unit Development, as reflected in the official minutes of such approvals.

(G) All applicable Township ordinances and design standards for the Sashabaw Corridor Town Center Area of the Township, of which the McLaren Health Care Planned Unit Development is a part, except for the following items, which have been approved as part of the McLaren Planned Unit Development plan approval: (1) deviations from the setback requirement for parking to allow parking in front of certain specified buildings (2) deviations from the lighting standards which are only required to be met for those light fixtures installed along Sashabaw Road; and (3) deviations from the setback requirement for the rear property line.

(H) Recordation with the Oakland County Register of Deeds Office of the Amended and Restated Development Agreement or an affidavit by the owner of the Property upon this Third Amendment to McLaren PUD Ordinance becoming effective, containing the legal description of the Property, specifying the dates of approval and all amendments of the McLaren Planned Unit Development, and declaring that all future development of the Property has been authorized, restricted, and required to be carried out in accordance with the McLaren PUD Ordinance as amended.

(I) 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 (I), above, between items (A) through (I) in McLaren PUD Ordinance and this Third Amendment to McLaren PUD Ordinance, or between any Township ordinance and any of the provisions or contents of the McLaren PUD Ordinance or this Third Amendment to McLaren PUD Ordinance, 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. This ordinance shall be effective on the date provided by applicable law following publication.

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 the ____ day of __________, 2012, and ordered to be given publication in the manner prescribed by law.

Introduced: July 17, 2013

Adopted:

Published: January 30, 2013

Effective:

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