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Orion Township


ADOPTION OF ORDINANCE 78-236 AMENDMENT TO ORD. 78 . . .



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July 09, 2014 - NOTICE

CHARTER TOWNSHIP OF ORION

ADOPTION OF ORDINANCE 78-236 AMENDMENT TO ORD. 78,

ZONING ORDINANCE

ARTICLE XXX

PUD

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 7, 2014, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Article XXX, for the Charter Township of Orion, Michigan; changing the text in Section 30.03, to modify the review process including plan review and public hearing procedures and eliminate the appeal process; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.

THE CHARTER TOWNSHIP OF ORION ORDAINS:

SECTION 1 of Ordinance

Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Article XXX is amended by adding the herein after language in the Article as follows:

ARTICLE XXX Administrative Procedures & Standards

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Section 30.03 Planned Unit Development (PUD)

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A. Intent. A Planned Unit Development (PUD) may be applied for in any zoning district. The granting of a PUD application shall require a rezoning by way of amendment to this Ordinance upon the recommendation of the Planning Commission and approval of the Township Board. The procedure for rezoning is that which is authorized by the Zoning Enabling Act (Public Act 110 of 2006, as amended), as contained in Section 503.

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G. Procedures for Review and Approval.

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5. Concept Plan. Following the optional pre-application conference, the applicant shall submit a Concept Plan and application for the proposed PUD.

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e. Public Hearing. The Concept Plan shall be noticed for a joint public hearing before the Planning Commission and Township Board, in accordance with the procedures, public notice, and hearing requirements for rezoning approval as set forth in Section 30.04. If the number of Township Board members attending the public hearing constitutes a quorum, then the public hearing required by the Township Board (Section 30.03 (G)(6)(e)) shall be fulfilled and an additional public hearing at the Final PUD stage shall not be necessary. If the number of Township Board members attending the public hearing constitutes less than a quorum then only the public hearing of the Planning Commission shall be considered fulfilled and the Township Board shall fulfill its requirement to hold a public hearing at the Final PUD stage. If any Township Board member or Planning Commissioner is unable to attend the joint public hearing, they may submit written comments to the Township Clerk, who will read them into the minutes of the hearing.

If, during the pre-application conference, the Township representatives determine that a Minor PUD may be submitted, the concurrent Concept Plan and Final Plan shall be noticed for a joint public hearing before the Planning Commission and Township Board, in accordance with the procedures, public notice, and hearing requirements for rezoning approval set forth in Section 30.04. If the number of Township Board members attending the public hearing constitutes a quorum, then the public hearing required by the Township Board (Section 30.03 (G)(6)(e)) shall be fulfilled and an additional public hearing by the Township Board shall not be necessary. If the number of Township Board members attending the public hearing constitutes less than a quorum, then only the public hearing of the Planning Commission shall be considered fulfilled and the Township Board shall fulfill its requirement to hold a public hearing separately. If a Township Board member or Planning Commissioner is unable to attend the joint public hearing, they may submit written comments to the Township Clerk, who will read them into the minutes of the hearing.

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g. Planning Commission Action. Following the public hearing, or at a subsequent Planning Commission meeting, the Planning Commission shall review the Concept Plan and shall take one of the following actions:

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h. Township Board Action. If the Concept Plan has been recommended for approval, recommended for approval with conditions, or recommended for denial by the Planning Commission, the Township Board shall take the following action:

Upon finding that the Planning Commission has issued a recommendation on the Concept Plan, the Township Board may approve, approve with conditions, or deny said Concept Plan. The Township Board may also refer the Concept PUD plan back to the Planning Commission with comments. Applicant may still submit a Final Plan in accordance with Section 30.03 (G)(6), regardless of action taken by the Township Board on the Concept Plan.

i. Development Agreement. After approval of the Concept Plan by the Planning Commission, the Township shall instruct the Township Attorney to prepare a Development Agreement setting forth the conditions upon which such approval is based; which Agreement, after approval by the Township Board, shall be executed by the Township and the applicant and recorded in the Office of the County Register of Deeds. Approval of the Agreement shall be effective upon recording.

6. Final Plan. Following receipt of the Planning Commission comments on the Concept Plan, and action by the Township Board, the applicant shall submit a Final Plan and supporting materials conforming to this section. If a Final Plan is not submitted by the applicant for final approval within twelve (12) months of Township Board Concept Plan approval, the Concept Plan approval becomes null and void. The Planning Commission may, however, issue a waiver for greater periods of time if it is determined to be appropriate, as a condition of Concept Plan approval. Such extension and request of waiver shall be made prior to the expiration date.

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d. Planning Commission Action. The Planning Commission shall review the Final Plan and shall take one of the following actions:

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e. Township Board Final Action. The Township Board shall schedule a public hearing in accordance with the procedures, public notice, and hearing requirements for rezoning approval as set forth in Section 30.04. The public hearing conducted by the Township Board may be part of the first or second reading for a PUD zoning amendment. If the public hearing for the PUD Concept stage has been noticed as a joint meeting and a quorum of the Township Board were present, there is no need for a second public hearing to be conducted by the Township Board. If the proposed development has been approved, approved with conditions, or denied by the Planning Commission, the Township Board shall take the following action:

Upon finding that the Planning Commission has issued a recommendation on the Final Plan, the Township Board may approve, approve with conditions, deny or refer the Final Plan back to the Planning Commission. If approved the requirement for a Notice of Amendment Adoption described in Section 30.04 (G) shall also apply.

f. All actions on the Concept Plan or Final Plan by the Planning Commission and the Township Board shall state the reasons for approval, conditional approval, postponement, denial or referral back within the body of the motion.

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CHARTER TOWNSHIP OF ORION

PUD REVIEW PROCESS

MINOR PUD

Pre-Application Conference

(determination of a Minor PUD)

Submit Concept and Final PUD Plan Application

no less than four (4) weeks before meeting

Set Joint Public Hearing Date

Public Hearing, conducted by

Planning Commission and/or the Township Board

if a Board quorum is present

Planning Commission makes a recommendation

to the Township Board regarding the

Concept and Final PUD Plan

Township Board conducts Public Hearing (unless previously held with quorum) and takes action on PUD rezoning and PUD Agreement

Master Deeds, Bylaws, Exhibit B, and PUD

Agreement are approved by the Township and recorded with the County

CHARTER TOWNSHIP OF ORION

PUD REVIEW PROCESS

MAJOR PUD

Pre-Application Conference

Submit Concept PUD Plan Application no less than

four (4) weeks before meeting

Set Joint Public Hearing Date for

Planning Commission

and Township Board

Joint Public Hearing Conducted by

Planning Commission and Township Board

(if a Board quorum is present)

Planning Commission makes a recommendation to the Township Board regarding the Concept PUD Plan

Township Board takes action on Concept PUD Plan

Submit Final PUD Plan within 12 months of

Concept Plan Approval and no less than

four (4) weeks before the meeting

Planning Commission makes a recommendation

to the Township Board regarding PUD zoning

Township Board conducts Public Hearing

(unless previously held with quorum) and takes

action on PUD rezoning and PUD Agreement

Master Deeds, Bylaws, Exhibit B, and PUD

Agreement are approved by the

Township and recorded with the County

* * *

SECTION 2 of Ordinance

All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.

SECTION 3 of Ordinance

The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

SECTION 4 of Ordinance

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.

SECTION 5 of Ordinance

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 7th day of July, 2014, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 07.09.14

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