Rezoning Section 16
 

COLOMA CHARTER TOWNSHIP

 

BERRIEN COUNTY, MICHIGAN

 

ORDINANCE NO. 88

 

ADOPTED: JANUARY 11, 2006

 

EFFECTIVE: EIGHT (8) DAYS FOLLOWING
PUBLICATION AFTER ADOPTION

 

            An ordinance to amend the Coloma Charter Township Zoning Ordinance by the rezoning, with conditions, of certain property located in Land Section 16 from the “C-1” Commercial District zoning classification to the “R-3” Multi-Family Residential District zoning classification; and to repeal all ordinances or parts of ordinances in conflict herewith.

 

THE CHARTER TOWNSHIP OF COLOMA

BERRIEN COUNTY, MICHIGAN

 

ORDAINS:

           

SECTION I

REZONING OF PROPERTY IN LAND SECTION 16

 

            The Official Zoning Map as incorporated by reference in the Coloma Charter Township Zoning Ordinance is hereby amended so as to rezone, subject to the conditions referenced in Section II of this Ordinance, the following described properties from the “C-1” Commercial District zoning classification to the “R-3” Multi-Family Residential District zoning classification:

 

Commencing 1038.5 feet South and 133 feet West of the Northeast corner of Section 16, Township 3 South, Range 17 West, thence West 50 feet, thence North 311 feet, thence West 145.6 feet, thence South 541.3 feet to the centerline of highway, thence North 76 degrees 20 minutes East 199.86 feet, thence North 183.7 feet to the point of beginning.

 

That part of the East fractional Half of the Northeast fractional Quarter of Section 16, Township 3 South, Range 17 West, described as follows: Beginning 988.5 feet South of the Northeast corner of said Section 16; thence West 183 feet; thence South 50 feet, thence East 50 feet; thence South to the center of Paw Paw Lake Road; thence North 76 degrees 34 minutes East along the center of said Paw Paw Lake Road to the East line of said Section 16; thence North along said East line of said Section 16 to the place of beginning.

 


That part of the East fractional Half of the Northeast fractional Quarter of Section 16, Town 3 South, Range 17 West, described as follows: Beginning 827.5 feet South of the Northeast corner of said Section 16, thence West 183 feet, thence South 161 feet, thence East 183 feet, thence North 161 feet to the place of beginning.

 

SECTION II

CONDITIONS TO REZONING

 

            Attached to this Ordinance and incorporated by reference herein as a part of this Ordinance and as an amendment to the Coloma Charter Township Zoning Ordinance is a Statement of Conditions setting forth, as authorized under MCL 125.286i, conditions attached to the rezoning of the properties described in Section I of this Ordinance.  The Statement of Conditions and each of the individual terms set forth therein shall be fully enforceable and binding in the same manner as any other provision of the Coloma Charter Township Zoning Ordinance.

 

SECTION III

EFFECTIVE DATE

 

            This Ordinance shall take effect eight (8) days following  publication after adoption.  All ordinances or parts of ordinances in conflict herewith are repealed.

 

 

Nancy Baiers, Clerk

Charter Township of Coloma

 


STATEMENT OF CONDITIONS

 

Pursuant to Act 577 of the Public Acts of 2004

 

            THIS STATEMENT OF CONDITIONS, is made this 11th day of January, 2006, by MBR Development, LLC., a Michigan limited liability company, having its registered office at 5632 N. Watervliet Road, Watervliet, Michigan 49098

 

WITNESSETH

 

            WHEREAS, MBR Development, LLC. is the owner of the real estate described herein which is located in the Charter Township of Coloma; and,

 

            WHEREAS, MBR Development, LLC. made an offer of conditional rezoning to the Charter Township of Coloma as part of its application to rezone the lands described herein from the C-1 Commercial District to the R-3 Multi-Family Residential District; and,

 

            WHEREAS, MBR Development, LLC. now desires to enter into this Statement of Conditions to give record notice of the existence of said Conditions.

 

            NOW THEREFORE, this Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Charter Township of Coloma to accomplish the rezoning of the lands described herein to the R-3 Multi-Family Residential District.

 

1.         Lands Subject to the Statement of Conditions:

 

The lands situated in the County of Berrien, Charter Township of Coloma, State of Michigan, and described as follows:

 

            Parcel 1

 

Commencing 1038.5 feet South and 133 feet West of the Northeast corner of Section 16, Township 3 South, Range 17 West, thence West 50 feet, thence North 311 feet, thence West 145.6 feet, thence South 541.3 feet to the centerline of highway, thence North 76 degrees 20 minutes East 199.86 feet, thence North 183.7 feet to the point of beginning.

            Property Tax Code No. 11-08-0016-0030-14-5

 

            Parcel 2

 

That part of the East fractional Half of the Northeast fractional Quarter of Section 16, Township 3 South, Range 17 West, described as follows: Beginning 988.5 feet South of the Northeast corner of said Section 16; thence West 183 feet; thence South 50 feet, thence East 50 feet; thence South to the center of Paw Paw Lake Road; thence North 76 degrees 34 minutes East along the center of said Paw Paw Lake Road to the East line of said Section 16; thence North along said East line of said Section 16 to the place of beginning.

 

            Property Tax Code No. 11-08-0016-0032-02-4

 

            Parcel 3

 

That part of the East fractional Half of the Northeast fractional Quarter of Section 16, Town 3 South, Range 17 West, described as follows: Beginning 827.5 feet South of the Northeast corner of said Section 16, thence West 183 feet, thence South 161 feet, thence East 183 feet, thence North 161 feet to the place of beginning.

 

            Property Tax Code No. 11-08-0016-0032-01-6

 

2.         Statement of Conditions of Development and Use of the Subject Land:

 

The use and development of the subject land shall be limited to a residential condominium project which shall consist of the following:

 

            a.         Eighteen (18) total units with attached garage.

 

            b.         Each unit shall have a total of 1600 to 2050 sq. feet.

 

            c.         The condominium project will be built in three phases:

 

1st phase will consist of the construction of a ten (10)

residential condominium unit building.

 

2nd phase will consist of the construction of a four (4)

residential condominium unit building.

 

3rd phase will consist of the construction of a four (4)

residential condominium unit building.

 

d.         Each condominium unit will contain three (3) bedrooms and two baths.

 

e.         Due to the topographical nature of the site, the condominium project will contain no expandable nor contractible areas.

 

f.          The condominium project boundary will be fenced with either landscaping as fencing or other type fencing which will be specified in the condominium development plan submitted to the Township and in all regard comply with the applicable Township ordinances.

g.         MBR Development, LLC. will comply with all requirements of Article XXVI - Planned Unit Development and Article XXVIII - Additional Condominium Requirements as contained in the Coloma Charter Township Zoning Ordinance.

 

            h.         The proposed residential condominium project shall commence within 180 days from the date all necessary approvals from the various governmental units have been received and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Township Board if (1) it is demonstrated to the Township Board's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and (2) the Township Board finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

                                                                       

3.         Statement of Conditions Runs with Land:

 

MBR Development, LLC. hereby acknowledges this Statement of Conditions runs with the land and is binding upon any successor owners of the land.

 

4.         Conformance to the R-3 Multi-Family District Requirements:

 

Upon the rezoning of the subject property to the R-3 Multi-Family Residential District taking effect, the use of the subject land shall conform thereafter to all of the requirements regulating use and development within the R-3 Multi-Family Residential District as modified by the more restrictive provisions contained in this Statement of Conditions.

 

5.         Compliance with Conditions:

 

Any person who establishes a development or commences a use upon the subject land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in this Statement of Conditions. Any failure to comply with a condition contained within this Statement of Conditions shall constitute a violation of the Coloma Charter Township Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

 

No permit or approval shall be granted under the Coloma Charter Township Zoning Ordinance for any use or development that is contrary to this Statement of Conditions.

 

6.         Reversion of Zoning:

 

If approved development and/or use of the subject land does not occur within the time frame specified under Section 2.h above, then the subject land shall revert to its C-1 Commercial District zoning classification as set forth in MCL 125.286i.  The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the subject land to its former  C-1 Commercial District zoning classification.  The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

 

7.         Subsequent Rezoning of Land:

 

If the subject land being rezoned with this Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Section 6 above or otherwise, this Statement of Conditions shall cease to be in effect.  Upon the owner’s written request, the Township Clerk shall record with the Berrien County Register of Deeds Office a notice that this Statement of Conditions is no longer in effect.

 

8.         Township’s Right to Rezone:

 

Nothing in this Statement of Conditions shall be deemed to prohibit the Township from subsequently further rezoning to another zoning classification all or any portion of the subject land.  Any such subsequent rezoning shall be conducted in compliance with the Coloma Charter Township Zoning Ordinance and the Township Zoning Act (MCL 125.271 et seq.).

 

9.         Recording of the Statement of Conditions:

 

This Statement of Conditions may be recorded by the Charter Township of Coloma with the Berrien County Register of Deeds Office.

 

 


10.       Verification of Ownership:

 

The signer of this Statement of Conditions certifies that the signer has authority to bind MBR Development, LLC., that MBR Development, LLC. is the owner of the lands described herein, and that it voluntarily offers and consents to the provisions contained within this Statement of Conditions.

 

 

            IN WITNESS WHEREOF, MBR Development, LLC., by and through its Managing Member, has executed this Statement of Conditions on the date set forth below.

 

                                                         MBR DEVELOPMENT, LLC.

                                                           

                                                                                               //S// 

                                                         By:     Brian Niven

                                                         Its:    Managing Members

                                                                                               

                                                          Dated: January 11, 2006

 

 

STATE OF ILLINOIS )

                                          )ss.

COUNTY OF COOK       )

 

    The foregoing instrument was acknowledged before me this 11th day of January, 2006 by Brian Niven, as Managing Member of MBR Development,  LLC.

 

                                                                                              //S// 

                                                                                , Notary Public

                                                            Cook County, Illinois

                                                            My Commission Expires:

                                                            Acting in Cook County, Illinois

 

 

 

Prepared By:

Donald D. Dettman (P26766)                   

Burch, Dettman, Banyon & Ford                                        

1211 E. Napier Avenue

Benton Harbor, MI 49022                                 

269-926-6135

 


 
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