request for proposals to purchase real property · real estate services and consulting 1785 west...

Request For Proposals To Purchase

Real Property

6.082 +/- Acres

City of Troy, Michigan Troy School District

GREAT NORTHERN CONSULTING GROUP REAL ESTATE SERVICES AND CONSULTING

1785 West Stadium, Suite 202 Ann Arbor, MI 48103

__________________

Phone (734) 996-9979 Mobile (586) 703-9882

Facsimile (734) 994-5702 [email protected]

Table of Contents

I. Introduction – Proposal Process DescriptionII. Fact Sheet/Community InformationIII. Location/Site MapsIV. Zoning/Woodlands Ordinance/Open Space V. Survey/Wetlands Study/Lot Split/Concept PlanVI. Legal Documents

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no represen-tations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information con-tained herein.

I. Introduction – Proposal Process Description


GREAT NORTHERN CONSULTING GROUP

REAL ESTATE SERVICES AND CONSULTING

1785 West Stadium, Suite 202 Ann Arbor, MI 48103

__________________

Phone (734) 996-9979 Mobile (586) 703-9882

Facsimile (734) 994-5709 May 23, 2018

To: Prospective Purchasers

From: Great Northern Consulting Group

Re: Request For Proposals To Purchase 6.082 +/-acres located on the North side of Square Lake Road, East of John R Road, Troy, Michigan.

Thank you for your interest in submitting a Proposal to purchase the above-referenced vacant real property owned by the Troy School District (the “School District”). The subject vacant property is a 6.082 +/-acre site located on the North side of Square Lake Road, East of John R Road (the “Property” or the “Site”) (See Survey Section V for further details). The Site has 841.77 +/-feet of Square Lake Road frontage. The Site is part of a larger 70.647 +/-acre parcel. The 6.082 acre Property will be subdivided from its larger parent parcel prior to Closing. The balance of the parent parcel along with an additional 11.28 +/-acre parcel owned by the School District will remain as permanent open space. The Property is currently zoned R-1D one-family residential. The R-1D single family zoning allows single family residential lots with a minimum of 75 feet of frontage and a minimum of 8,500 square feet of lot area. Under the R-1D zoning, the Property will accommodate approximately of 17-20 lots. However, in 2016 the City of Troy created a Woodlands Ordinance that will potentially impact how the Site is developed.

Further, the City has adopted a new Cluster and Open Space Ordinance. The new Cluster and Open Space Ordinance allows for flexibility in lot size and layout and grants potential density increases if certain conditions are met by the successful purchaser. The Cluster Ordinance grants a 10% density bonus for every 10% of open space that is saved above the 20% required by the Ordinance. As the majority of the School District parent parcel will remain as open space this will allow for a significant increase in density on the Property, potentially up to 100%. Both of these documents are included in the Zoning Section IV of this RFP. The School District desires the development to be family friendly and requires all Proposals to include a concept plan proposed for the Site and elevations of the homes planned for the project Site. We have included a traditional/parallel plan in this RFP (See Concept Plan under Section V for further details). The School District requires that the prospective purchasers provide a plan that will create meaningful open space and buffer to the existing neighborhood within their Proposal.

The School District has received a Level 3 Wetland Identification Review on the entire 70.647 +/-acre site plus the additional 11.28 +/-acre site. The letter provided by the Michigan Department of Environmental Quality (“MDEQ”) indicates the 6.082 +/-acre Site being offered in this RFP has no regulated wetlands. We have included the MDEQ letter in the Survey Section V of this RFP.

Great Northern Consulting Group is marketing this Property for Troy School District on a fee basis as consultants. The School District is seeking Proposals to purchase the Property that must be submitted to Rick West, Assistant Superintendent, Business Services, Troy School District, 4400 Livernois Road, Troy, Michigan 48098 on or before 3:00 P. M. Local Time on June 26, 2018. No phone, fax or electronic transmission Proposals will be accepted. If mailed, no responsibility is assumed for postal delays.

NOTWITHSTANDING THE FOREGOING, THE SCHOOL DISTRICT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS IN WHOLE OR IN PART. THE SCHOOL DISTRICT ALSO RESERVES THE RIGHT TO WAIVE ANY IRREGULARITIES CONTAINED IN ANY PROPOSAL OR REQUIREMENTS OF THIS REQUEST FOR PROPOSALS.

The attached package includes the following information: (I) Introduction – Proposal Process Description; (II) Fact Sheet/Community Information; (III) Location/Site Maps; (IV) Zoning/Woodlands Ordinance/Open Space Cluster; (V) Survey/Wetlands Study/Lot Split/Concept Plan; and (VI) Legal Documents.

The School District requires that all Proposals include a signed Proposal Form as set forth in Section VI of this RFP, along with a concept plan, a detailed description of the proposed concept plan/home elevations for Site. Please note that the legal documents represent the form of agreement acceptable to the School District. Proposals that include modified terms more favorable to the purchaser (and, hence, less favorable to the School District) may be rejected on that basis. Of course, modifications that are favorable to the School District would be preferred and may enhance a potential purchaser’s position in the selection process. An earnest money deposit of $25,000 will be required within three (3) business days of acceptance of the Offer by the School District.

While Troy School District reserves the right to accept or reject any and all Proposals, in whole or in part, a number of finalists may be selected and asked to provide additional information, including financial qualifications and more detailed concepts plans for the development of the Property. The additional information will facilitate the final selection of the successful purchaser(s). Further, the additional information will allow the School District to select a purchaser financially able to perform on the contract and proceed with a development perceived to be positive for the School District as well as the community at large. It is important to note that the highest price may not necessarily represent the Proposal that the School District determines in its sole discretion to be, in its totality, in the best interest of the School District.

The finalists will be notified shortly after the deadline for submission of its Proposal. Troy School District may request the finalists to make revisions to their Proposals that the School District deems necessary to select a successful purchaser(s). This is a Request For Proposals only. Proposals will be treated as offers to enter into the Offer To Purchase Real Estate included in Section VI of this RFP. Once a Proposal is accepted by the School District it shall be known hereinafter as the “Offer.”

Upon final acceptance of Offer(s) there will be a 90 day period for physical due diligence (“Inspection Period”). There will then be an additional 90 days for government approvals, however the $25,000 earnest money deposit shall become nonrefundable after the initial 90 day Inspection Period. Many standard contingencies are included so that the purchaser may satisfy itself as to the Property’s suitability for development during the 90-day Inspection Period. Closing is anticipated to occur within 10 days after the expiration of the Inspection Period, or if extended, the Extension Period.

Please note that we are making no representations regarding the suitability of this Property for any particular purpose. It is the purchaser’s sole responsibility to determine suitability during the Inspection Period. Within the constraints of this limitation, please address all questions regarding this Property to Great Northern Consulting Group.

Great Northern Consulting Group is representing Troy School District as a fee based consultant in this matter. As a result, there is no real estate commission to be paid. Brokers must look to their purchaser for compensation.

Please note again that all Proposals, including a signed Proposal Form on the form provided and an Affidavit of Compliance-Iran Economic Sanctions Act, must be submitted to Rick West, Assistant Superintendent, Business Services, Troy School District, 4400 Livernois Road, Troy, Michigan 48098 on or before 3:00 P.M. Local Time on June 26, 2018. Any proposed changes/modifications to the form of Offer To Purchase provided in this package under Section VI MUST be specifically enumerated and be submitted as part of its Proposal, together with an explanation as to the reason such terms and conditions of the RFP or form of Offer To Purchase cannot be met. No phone, fax or electronic transmission Proposals will be accepted. If mailed, no responsibility is assumed for postal delays.

Thank you again for your interest in this Property. We are looking forward to receiving your Proposal.

Respectfully,

Great Northern Consulting Group

William W. Bowman, IV

President

II. Fact Sheet/Community Information


Troy School District

RFP Fact SheetPROPERTY ID: PART OF 20-01-300-016

LOCATION: NORTH SIDE OF SQUARE LAKE ROAD EAST OF JOHN R ROAD

MUNICIPALITY: CITY OF TROY, OAKLAND COUNTY, MICHIGAN

SIZE: 6.082 +/- ACRES

UTILITIES: ALL UTILITIES AVAILABLE. PLEASE SEE SURVEY FOR DETAILS.

ZONING: R-1D ONE FAMILY RESIDENTIAL

PRICE: NO PRICE HAS BEEN SET

TERMS: CASH NO SELLER FINANCING AVAILABLE

RIGHTS OF OWNER: TROY SCHOOL DISTRICT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS, IN WHOLE OR IN PART. THE SCHOOL DISTRICT ALSO RESERVES THE RIGHT TO WAIVE ANY IRREGULARITIES CONTAINED IN ANY PROPOSAL OR REQUIREMENTS OF THIS REQUEST FOR PROPOSALS.

ALL PROPOSALS, INCLUDING A SIGNED PROPOSAL FORM, ON THE FORM PROVIDED, AND AN AFFIDAVIT OF COMPLIANCE- IRAN ECONOMIC SANCTIONS ACT, MUST BE SUBMITTED TO RICK WEST, ASSISTANT SUPERINTENDENT, BUSINESS SERVICES, TROY SCHOOL DISTRICT, 4400 LIVERNOIS ROAD, TROY, MICHIGAN 48098, ON OR BEFORE 3:00 P.M. LOCAL TIME ON JUNE 26, 2018. NO PHONE, FAX OR ELECTRONIC TRANSMISSION OFFERS WILL BE ACCEPTED. IF MAILED, NO RESPONSIBILITY IS ASSUMED FOR POSTAL DELAYS.

COMMISSION: NO REAL ESTATE COMMISSION TO BE PAID BY TROY SCHOOL DISTRICT. GREAT NORTHERN CONSULTING GROUP IS A FEE-BASED ADVISOR TO THE SCHOOL BOARD. BROKERS MUST LOOK TO PURCHASER FOR COMPENSATION.

City of Troy

Elected Officials Contacts

Mayor: Dane Slater Mayor Pro Tem: Edna Abrahim E-mail: [email protected] E-mail: [email protected] Phone: 248-524-3500 Phone: 248-524-3500 Manager: Mark Miller Clerk: Aileen Dickson E-mail: [email protected] E-mail: [email protected] Phone: 248-524-3330 Phone: 248-524-3516 Treasure: Sandra L. Kasperek E-mail: [email protected] Phone: 248-524-3333

City Council

Member: Ellen Hodorek Member: Ethan Baker E-mail: [email protected] E-mail: [email protected] Phone: 248-524-3500 Phone: 248-813-8331 Member: Dave Henderson Member: Ed Pennington E-mail: E-mail: [email protected]

[email protected] Phone: 248-321-0151 Phone: 248-210-8835 Member: David Hamilton E-mail: [email protected] Phone: 248-524-3500

Department Phone Directory

Assessor 248-524-3311 Nico Licari, Assessor Attorney 248-524-3320 Lori Grigg Bluhm Building Department 248-524-3344 Code Enforcement 248-524-3359 Paul Evens, Zoning and Compliance Specialist Community Affairs 248-524-1147 Cindy Stewart, Director

Economic Development 248-524-3314 Glenn Lapin, Economic Development Specialist Engineering 248-524-3383 Steve Vandette Finance 248-524- 3411 Lisa Burnham, Accounting Manager Fire Department 248-524-3419 David Roberts, Chief Human Resources 248-680-7296 Jeanette Menig, Director Planning 248-524-3364 R. Brent Savidant, Director Police Department 248-524-3477 Gary G. Mayer, Chiefs Public Works 248-524-3392 Kurt Bovensied, Director Purchasing 248-680-7291 Marybeth Murz, Manager Recreation 248-524-3484

Tax Information

Homestead Non-Homestead Summer 2017: 30.6282 36.8741 Winter 2017: 6.9661 13.2120 Total 2017: 37.5943 50.0861 Source: City of Troy Assessor

III. Location/Site maps

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no representations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information contained herein.

Location

BENCHMARKBENCHMARK

( 120' R.O.W. )E. Square Lake Rd.

( 60'

R.O

.W. )

May

appl

e D

r.

CAUTION!!

Slat

e D

r.

Limited Topographic Survey

1 of 3

SCALE:

Part of the SW 1/4of Section 1T.2N., R.11E.,City of Troy,Oakland County, Michigan

Know what's belowCall before you dig.

R

Troy School District4400 Livernois RoadTroy, MI 48098

Contact: Rick West248.823.4022 - Phone

Troy School District -Vacant Parcels:20-01-300-016(E. Square Lake Road) and20-01-451-001(Evanswood Road)

SEAL

April 30, 2018

PROJECT

CLIENT

PROJECT LOCATION

SHEET

DATE ISSUED/REVISED

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K363NFE JOB NO.

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

04-30-18 survey issued

Site

Location Map

NF

N

1" = 50'02550 25 50 75

NF

N

M. Carnaghi

K. Navaroli

LEGEND

IV. Zoning/Woodlands Ordinance/Open Space


Aut

horit

y a

nd

Ad

min

istra

tion

De

velo

pm

ent

Re

gul

atio

nsPr

oc

ess

es

and

Pr

oc

ed

ure

sSu

pp

lem

ent

al D

esig

n Re

gul

atio

nsN

onc

onf

orm

ity,

Ap

pe

als,

Am

end

me

nts

50

ZONINGORDINANCE

Article 4District Regulations

'HÀQLWLRQVZoning MapTable of Contents Figures & Maps Tables

6(&7,21�� 21(�)$0,/<�5(6,'(17,$/�',675,&76�5��$�7+528*+�5��(

A. Intent. The Master Plan recognizes that single-family residential neighborhoods are vital components of the City, and comprise the majority of the land area within the City. The intent of the R-1A through R-1E Districts is to provide areas for single-family dwellings with the primary distinction being a range of densities, implemented through varying lot sizes. The R-1A through R-1E Districts are further intended to preserve and improve upon the quality of residential neighborhoods while permitting a limited number of other compatible uses which support residential neighborhoods.

%�� 8VH�5HJXODWLRQV��Section 4.21 sets forth permitted, accessory, and special land uses within the R-1A through R-1E Districts.

C. Dimensional Requirements. The following dimensional requirements shall apply to the R-1A through R-1E Districts:

BACK FORWARD

Autho

rity and

A

dm

inistratio

nD

eve

lop

me

nt Re

gula

tions

Proc

esse

s and

Pro

ce

dure

sSup

ple

me

ntal D

esig

n Re

gula

tions

No

nco

nform

ity, A

pp

ea

ls,Am

end

me

nts51

ZONINGORDINANCE



0LQLPXP�/RW�6L]H�3HU�'ZHOOLQJ�8QLW Maximum HeightMinimum Yard Setback (R)

(Per Lot in Feet)

Minimum Floor Area Per

8QLW��6TXDUH�)HHW�Maximum % of Lot Area

Covered by Buildings8VH�District

Area in

6T��)W�Width

in Ft.

Frontage

in Ft.In Stories In Feet

Front Sides Rear

Least

One

Least

Two

R-1A

30No Sewer 30,000 150 150 2 1/2 40 15 30 45 1,400 ��

Sewer 21,780 120 120 2 1/2 40 15 30 45 1,400 ��

R-1B

30No Sewer 21,780 110 110 2 1/2 40 15 30 45 1,400 ��

Sewer 15,000 100 100 2 1/2 40 10 25 45 1,400 ��

R-1C

30No Sewer 21,780 110 110 2 1/2 30 15 30 40 1,200 ��

Sewer 10,500 85 85 2 1/2 30 10 20 40 1,200 ��

R-1D

30No Sewer 21,780 110 110 2 1/2 25 15 30 40 1,000 ��

Sewer 8,500 75 75 2 1/2 25 8 20 40 1,000 ��

R-1E

30No Sewer 21,780 110 110 2 1/2 25 15 30 35 1,000 ��

Sewer 7,500 60 60 2 1/2 25 5 15 35 1,000 ��

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

De

velo

pm

ent

Re

gul

atio

nsPr

oc

ess

es

and

Pr

oc

ed

ure

sSu

pp

lem

ent

al D

esig

n Re

gul

atio

nsN

onc

onf

orm

ity,

Ap

pe

als,

Am

end

me

nts

52

ZONINGORDINANCE



D. Supplemental District Standards.

1. Whenever a lot or acreage parcel abuts a major arterial, the yard setback DEXWWLQJ�VDLG�PDMRU�DUWHULDO�VKDOO�EH�DW�OHDVW�ÀIW\��IHHW�IURP�WKH�H[LVWLQJ�ULJKW�RI�ZD\�OLQH��ZKLFKHYHU�LV�JUHDWHU��7KLV�RUGLQDQFH�GRHV�QRW�SURKLELW�H[SDQVLRQ�EHKLQG�WKH�ÀIW\��IRRW�VHWEDFN��7KLV�UHTXLUHPHQW�VKDOO�QRW�DSSO\�WR�VXEGLYLVLRQV�for which Tentative Approval was granted prior to January 1, 1976.

2. Whenever a lot or parcel abuts I-75, the yard setback abutting the right-of-way RI�,��VKDOO�QRW�EH�OHVV�WKDQ�VHYHQW\�ÀYH��IHHW�

3. The side yard abutting upon a street shall not be less than the greater of the side yards required for the District in which located when there is a common rear yard relationship in the block and a common side yard relationship with the block directly across the common separating street. In the case of a rear yard abutting a side yard or when a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the minimum front yard of the District in which located, and shall be considered as a front yard.

4. Variation in Appearance. In any one-family residential district, there shall be variation in the appearance of the one-family detached residential dwellings. 9DULDWLRQ�VKDOO�EH�GHÀQHG�DV�D�PLQLPXP�RI�WKUHH��VXEVWDQWLDO�VWUXFWXUDO�RU�architectural differences. A dwelling’s front elevation shall only occur in the same or a substantially similar structural or architectural form once within three (3) contiguous lots on the same street frontage. Substantial architectural differences include but are not limited to the following:

a. Hip roof versus gable roof.b. Standard window versus bay window projections.c. Side entry garage versus front entry garage.d. Two car garage versus three car garage.e. Gable roof versus reverse gable roof.f. Differing window designs involving architectural styles and sizes.J�� 8VH�RI�GRUPHUV�YHUVXV�QR�GRUPHUV�

�� 0D[LPXP�lot coverage�PD\�EH�PRGLÀHG�IRU�SURMHFWV�REWDLQLQJ�6XVWDLQDEOH�'HVLJQ�3URMHFW�VWDWXV�IRU�PHDVXUHV�VSHFLÀFDOO\�UHODWHG�WR�WKH�SURSRVHG�PRGLÀFDWLRQ��DV�VHW�IRUWK�LQ�Section 12.01, Sustainable Design Options.

6. Lot Frontage on Corner Lots, Curved Roads, and Culs-de-Sac.

a. On all corner lots, the frontage set forth shall be measured on one (1) street only.

BACK FORWARD

Autho

rity and

A

dm

inistratio

nD

eve

lop

me

nt Re

gula

tions

Proc

esse

s and

Pro

ce

dure

sSup

ple

me

ntal D

esig

n Re

gula

tions

No

nco

nform

ity, A

pp

ea

ls,Am

end

me

nts53

ZONINGORDINANCE



b. For lots on curved streets that have curvilinear frontages, frontage shall be determined by measuring the linear distance along the curve.

c. In the event that the lot is situated on a cul-de-sac, the frontage shall be measured along the minimum setback line for the zone in which said lot is located.

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

De

velo

pm

ent

Re

gul

atio

nsPr

oc

ess

es

and

Pr

oc

ed

ure

sSu

pp

lem

ent

al D

esig

n Re

gul

atio

nsN

onc

onf

orm

ity,

Ap

pe

als,

Am

end

me

nts

54

ZONINGORDINANCE



SECTION 4.07 RT ONE-FAMILY ATTACHED RESIDENTIAL DISTRICT

A. Intent. The intent of the RT, One-Family Attached Residential District is to provide medium density residential areas in those areas which are served with public sewer and water, and where attached forms of residential development achieves the objectives of the Master Plan. The District is designed primarily to permit attached residential dwellings which may serve as a transition between high intensity or non-residential use areas, and lower density residential land use areas. The RT District is further intended to provide medium density residential development in compact areas so as to encourage walkability.

%�� 8VH�5HJXODWLRQV��Section 4.21 sets forth permitted, accessory, and special land uses within the RT District.

C. Dimensional Requirements. The following dimensional requirements shall apply to the RT District:

BACK FORWARD

Autho

rity and

A

dm

inistratio

nD

eve

lop

me

nt Re

gula

tions

Proc

esse

s and

Pro

ce

dure

sSup

ple

me

ntal D

esig

n Re

gula

tions

No

nco

nform

ity, A

pp

ea

ls,Am

end

me

nts55

ZONINGORDINANCE



0LQLPXP�/RW�6L]H�3HU�'ZHOOLQJ�8QLW Maximum Height Minimum Yard Setback

Minimum Floor Area Per

8QLW��6TXDUH�)HHW�Maximum % of Lot Area

Covered by BuildingsArea in

6T��)W�Width

in Ft.Frontage

in Ft.

In Stories In Feet

Front Sides Rear

Least

One

Total

Two

15,000 without sewers

75 N/A

2 1/2 30 25 5 15 35 1,000 ��5,000 with

sewers40 40

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

De

velo

pm

ent

Re

gul

atio

nsPr

oc

ess

es

and

Pr

oc

ed

ure

sSu

pp

lem

ent

al D

esig

n Re

gul

atio

nsN

onc

onf

orm

ity,

Ap

pe

als,

Am

end

me

nts

56

ZONINGORDINANCE



D. Supplemental District Standards.

1. All units that abut a major arterial shall have a yard setback�RI�QRW�OHVV�WKDQ�ÀIW\�(50) feet in depth as measured from the right-of-way line of the major arterial.

2. Whenever a lot or parcel abuts I-75, the yard setback abutting the right-of-way RI�,��VKDOO�QRW�EH�OHVV�WKDQ�VHYHQW\�ÀYH��IHHW�

3. The side yard abutting upon a street shall not be less than the greater of the side yards required for the District in which located when there is a common rear yard relationship in the block and a common side yard relationship with the block directly across the common separating street. In the case of a rear yard abutting a side yard or when a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the minimum front yard of the District in which located, and shall be considered as a front yard.

4. Variation in Appearance. In any one-family residential district, there shall be variation in the appearance of the one-family detached residential dwellings. A dwelling’s front elevation shall not re-occur in the same or a substantially similar structural form on another dwelling within the same street frontage without there being at least one (1) other dwelling with a different elevation between the dwellings that repeat the frontage elevation. Different colors alone will not constitute different front elevations.

�� 0D[LPXP�lot coverage�PD\�EH�PRGLÀHG�IRU�SURMHFWV�REWDLQLQJ�6XVWDLQDEOH�'HVLJQ�3URMHFW�VWDWXV�IRU�PHDVXUHV�VSHFLÀFDOO\�UHODWHG�WR�WKH�SURSRVHG�PRGLÀFDWLRQ��DV�VHW�IRUWK�LQ�Section 12.01, Sustainable Design Options.

BACK FORWARD

Autho

rity and

A

dm

inistratio

nD

eve

lop

me

nt Re

gula

tions

Proc

esse

s and

Pro

ce

dure

sSup

ple

me

ntal D

esig

n Re

gula

tions

No

nco

nform

ity, A

pp

ea

ls,Am

end

me

nts57

ZONINGORDINANCE



This page intentionally left blank

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

304

ZONINGORDINANCE

Article 13Site Design Standards


e. All off-street parking and loading facilities required by this Section shall be maintained free of accumulated snow, debris or other materials which SUHYHQW�IXOO�XVH�DQG�RFFXSDQF\�RI�VXFK�SDUNLQJ�IDFLOLWLHV��H[FHSW�IRU�WHPSRUDU\�SHULRGV�RI�QR�PRUH�WKDQ�ÀYH��GD\V�LQ�WKH�HYHQW�RI�KHDY\�UDLQIDOO�or snowfall.

f. The storage of and/or the repair of merchandise, materials, equipment or vehicles are prohibited on required off-street parking or loading spaces.

SECTION 13.07 WOODLAND PROTECTION

A. Purpose and Intent. It is the intent of these regulations to help prevent unregulated and, in many cases, unnecessary removal of trees and related natural resources. The protection of trees, woodlands and woodland resources will promote the preservation of important physical, aesthetic, recreational and economic assets for ERWK�SUHVHQW�DQG�IXWXUH�JHQHUDWLRQV��6SHFLÀFDOO\��LW�LV�IRXQG�WKDW�

1. Trees and woodlands provide for public welfare and safety through the UHGXFWLRQ�RI�HURVLRQ��VLOWDWLRQ��DQG�ÁRRGLQJ�

2. Trees and woodlands help protect water quality by protecting groundwater recharge areas, reducing risk of groundwater contamination and maintaining EDVH�ÁRZV�LQ�VWUHDPV�DQG�ULYHUV��WKXV�UHGXFLQJ�WKH�ULVN�RI�GHJUDGLQJ�YHJHWDWLRQ��wildlife, wetlands and surface water systems throughout the city;

3. Trees and woodlands increase the economic value of land for most uses;

4. Tree and woodland growth protects public health through the absorption of DLU�SROOXWDQWV�DQG�FRQWDPLQDWLRQ�DQG�UHGXFHV�FDUERQ�GLR[LGH�FRQWHQW�RI�WKH�ambient air; and

5. Tree and woodland growth serves as an essential component of the general welfare of the City by maintaining natural beauty, recreation, and natural heritage.

The purpose of this section is as follows:

1. To encourage the preservation of trees and related natural resources of the woodland ecosystem on undeveloped and underdeveloped land and in connection with the development of land;

2. To provide for the protection, preservation, proper maintenance and use of trees and woodlands in order to minimize damage from erosion and siltation, loss of wildlife and vegetation, and/or from the destruction of the natural habitat;

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment

RegulationsProcesses and

Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

305

ZONINGORDINANCE



3. To protect trees and woodlands (including woodland resources) for their economic support of local property values when allowed to remain uncleared DQG�RU�XQKDUYHVWHG�LQ�ZKROH�RU�LQ�VLJQLÀFDQW�SDUW��DQG�IRU�WKHLU�QDWXUDO�EHDXW\��FKDUDFWHU��DQG�HFRORJLFDO�RU�KLVWRULFDO�VLJQLÀFDQFH��DQG

4. To provide for the paramount public concern for these natural resources in the interest of the health, safety and general welfare of the residents of the City, consistent with Article II, Section 201 of the Michigan Zoning Enabling Act of 2006, and in keeping with Article IV, Section 52 of the Michigan Constitution of 1963 and the intent of the Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994.

B. Applicability:

1. The provisions of tree protection shall apply prospectively to all parcels in the City where site plan review is required as set forth in Section 8.02, and any Subdivision as set forth in Chapter 41 of the City Code.

2. If it is determined that based on associated historical aerial photographs or other evidence, an owner or developer of property required to comply with this section KDV�UHPRYHG�RU�FOHDUHG�SURWHFWHG�WUHHV�ZLWKLQ�ÀYH��\HDUV�RI�WKH�WLPH�RI�VLWH�plan or subdivision approval , the Planning Commission may require the property owner or developer to install additional landscaping as required by the site plan or subdivision approval and to offset the impact of the new development upon adjacent properties.

&��3URWHFWHG�7UHHV�DV�'HÀQHG��

1. Landmark Tree: A woody plant, in a healthy, live condition (has a health and FRQGLWLRQ�VWDQGDUG�IDFWRU�RI�RYHU��EDVHG�RQ�VWDQGDUGV�HVWDEOLVKHG�E\�WKH�International Society of Arboriculture). The following species that meet the minimum size (DBH) requirement are considered landmark trees.

Common Name Botanical Name Size (inches)Basswood Tilia 18”Beech, American Fagus grandifolia 18”Black Cherry Prunus serotina 18”Black Walnut Juglans nigra 18”Buckeye, Ohio Aesculus glabra 18”Douglas Fir Pseudotsuga menziesii 18”Fir Abies 18”Kentucky Coffeetree Gymnocladus dioicus 18”

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

306

ZONINGORDINANCE



London Planetree/American Sycamore

Platanus 18”

Pine (All species) Pinus 18”Spruce Picea 18”Tulip Poplar Liriodendron tulipifera 18”Hickory Carya 16”Honey Locust Gleditsia tricanthos 16”Maple (Red) Acer rubrum 16”Maple (Sugar) Acer saccharum 16”Oak (All species) Quercus 16”Arborvitae Thuja 12”Bald Cypress 7D[RGLXP�GLVWLFKXP 12”Birch Betula 12”Black Tupelo Nyssa sylvatica 12”Cherry, Flowering Prunus spp. 12”Crabapple/Hawthorne Malus/crataegus 12”Dawn Redwood Metasequoia

glyptostroiboides12”

Ginkgo Ginkgo 12”Hackberry Celtis occidentalis 12”Hawthorn Crataegus 12”Hemlock Tsuga 12”Larch/Tamarack /DUL[ 12”Magnolia Magnolia 12”Pear Pyrus spp. 12”Persimmon Diospyros virginiana 12”Sassafras Sassafras albidum 12”Sweetgum /LTXLGDPEHU�VW\UDFLÁXD 12”Yellow Wood Cladrastis lutea 12”Blue-Beech/Hornbeam Carpinus caroliniana 8”Butternut Juglans cinera 8”Cedar of Lebanon Cedrus spp. 8”Chestnut Castanea 8”Dogwood, Flowering &RUQXV�ÁRULGD 8”Hop-Hornbeam/

IronwoodOstrya virginiana 8”

Maple, Mountain/Striped Acer spicatum/pensylvanicum

8”

Paw Paw Asimina triloba 8”

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

307

ZONINGORDINANCE



Redbud Cercis canadensis 8”Serviceberry Amelanchier 8”$Q\�KHDOWK\�WUHH�ZLWK�D�'%+��µ�RU�JUHDWHU��H[FHSW�LQYDVLYH�VSHFLHV��RU�a healthy tree of the species described above with the minimum DBH listed.

��:RRGODQGV��7UHHV�LQ�D�:RRGODQG��ZKLFK�LV�GHÀQHG�DV�RQH�TXDUWHU��õ��DFUH�RU�PRUH�RI�FRQWLJXRXVO\�ZRRGHG�ODQG�ZKHUH�WKH�ODUJHVW�WUHHV�PHDVXUH�DW�OHDVW�VL[��inches in diameter at breast height (DBH). The acreage is to be measured from WKH�GULSOLQH�WR�GULSOLQH�RI�WUHHV�RQ�WKH�SHULPHWHU��&RQWLJXRXV�VKDOO�EH�GHÀQHG�DV�WKH�PDMRULW\�RI�WKH�RQH�TXDUWHU��õ��DFUH�EHLQJ�XQGHU�WKH�YHJHWDWLRQ�GULSOLQH�

D. Tree Inventory. A Tree Inventory is required as a component of the preliminary site plan submission as set forth in Section 8, and any Subdivision as set forth Chapter 41 of the City Code.

1. Tree Inventory shall contain the following:

D��/RFDWLRQ�RI�DOO�WUHHV�RYHU�VL[��LQFKHV�LQ�'%+��

E��&RPPRQ�DQG�ERWDQLFDO�QDPHV�RI�DOO�LGHQWLÀHG�WUHHV��WKHLU�VL]H�LQ�LQFKHV�DW�WKHLU�DBH, and a description of each tree’s health.

c. Indication of all trees to be removed.

d. Indication of all trees to be preserved.

��$�7UHH�,QYHQWRU\�PXVW�EH�SUHSDUHG�E\�HLWKHU�D�FHUWLÀHG�IRUHVWHU�RU�5HJLVWHUHG�Landscape Architect.

E. Tree Replacement:

1. When as part of a site plan or subdivision approval the Troy Planning Commission authorizes the removal of Landmark Trees and trees within a Woodland, the removal shall be mitigated as follows:

D��:RRGODQG�7UHHV�VL[��LQFKHV�RU�ODUJHU�'%+�VKDOO�EH�PLWLJDWHG�E\�LQVWDOODWLRQ�RI�UHSODFHPHQW�WUHHV�HTXDO�WR�D�PLQLPXP�RI�ÀIW\�SHUFHQW��RI�WKH�RULJLQDO�DBH removed.

b. Landmark Trees (including those located within Woodlands to be removed) shall be mitigated by installation of replacement trees equal to a minimum of RQH�KXQGUHG�SHUFHQW��RI�WKH�RULJLQDO�'%+�RI�WKH�WUHH�V��UHPRYHG��

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

308

ZONINGORDINANCE



c. Replacement trees shall be non-sterile varieties of species native to southeast Michigan, and not prohibited by Chapter 28 of the City of Troy ordinance. The minimum size of a deciduous replacement tree shall be two and one-half (2.5) inch caliper. The minimum size of a coniferous UHSODFHPHQW�WUHH�VKDOO�EH�VL[��IHHW�LQ�KHLJKW��'HFLGXRXV�UHSODFHPHQW�of one-half (.5) caliper inch is equal to one foot in height for coniferous replacement.

��$�7UHH�5HSODFHPHQW�3ODQ�PXVW�EH�SUHSDUHG�E\�HLWKHU�D�FHUWLÀHG�IRUHVWHU�or Registered Landscape Architect. The property owner shall have the proposed Tree Replacement Plan approved by the Planning Commission.

3. These tree replacement requirements are separate from and in addition to the landscape requirements set forth in Article 13.02

F. Tree Replacement Alternatives:

��$Q\�LGHQWLÀHG�:RRGODQG�DQG�/DQGPDUN�7UHH�WKDW�LV�UHWDLQHG�RQVLWH�DV�SDUW�of the development may count towards two (2) times the inch for inch replacement requirement.

2. When reviewing site plans, the Planning Commission prioritizes Landmark and Woodland Tree protection and mitigation in order as follows:

D��3URWHFWLQJ�DQG�SUHVHUYLQJ�H[LVWLQJ�RQVLWH�/DQGPDUN�DQG�:RRGODQG�7UHHV�

b. Providing all required mitigation on the site of development.

*��([HPSWLRQV�IURP�5HSODFHPHQW�

��7KH�IROORZLQJ�VKDOO�EH�H[HPSW�IURP�WKH�UHTXLUHPHQWV�RI�WKHVH�7UHH�Replacement as set forth in Section 13.07.F:

a. Parcels of land that are not subject to site plan review.

b. Tree trimming and removal necessary to the operation of essential service facilities of a municipal or other governmental department or agency or public utility franchised to operate in the City.

F��7UHH�FOHDULQJ�ZLWKLQ�DQ�H[LVWLQJ�SXEOLF�URDG�ULJKW�RI�ZD\�RU�DQ�H[LVWLQJ�private road easement.

d. The removal of any tree which is demonstrated by the property owner to the Zoning Administrator or designee’s satisfaction to have a health and condition standard factor of less than 50 percent based upon the standards established by the International Society of Arboriculture.

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

309

ZONINGORDINANCE



e. Trees that are considered invasive by the International Society of Arboriculture

f. Removal of trees that have become a potential danger to human life or property.

+��7UHH�3URWHFWLRQ��3URWHFWHG�WUHHV��VKDOO�EH�SUHVHUYHG�WR�WKH�JUHDWHVW�H[WHQW�practicable through the use of site development techniques including but not limited to the following:

1. In general, Landmark Trees should not be removed for development. Site design should consider any Landmark Tree on a site as an important design element.

2. Locate development in areas of the site that are already disturbed or cleared of trees and woody vegetation.

��0LQLPL]H�FOHDULQJ�DQG�JUDGLQJ�RI�WKH�VLWH�E\�ZRUNLQJ�ZLWK�WKH�VLWH·V�H[LVWLQJ�topography. Grading, roads, walkways, utility lines, and all other aspects of soil GLVWXUEDQFH�VKDOO�EH�PLQLPL]HG�WR�WKH�H[WHQW�SRVVLEOH�FRQVLGHULQJ�VWDQGDUGV�RI�sound design and public safety. Clearing for buildings should be limited to the smallest area needed for safe and effective building work.

��8VH�UHWDLQLQJ�ZDOOV�DQG�RWKHU�WHFKQLTXHV�WR�PLQLPL]H�JUDGH�FKDQJHV�QHDU�WUHHV�

5. Maintain trees along the perimeter of sites to provide buffer.

6. Maintain grades and moisture conditions within the Critical Root Zone (CRZ) of trees, being that area in which the loss, disturbance, or damage to any roots will adversely affect the tree’s long term health and structural stability. Many of WKH�QDWLYH�KDUGZRRG�WUHHV��RDNV��KLFNRULHV��PDSOHV�DQG�EHHFKHV��IRU�H[DPSOH��and most old trees do not adapt to environmental changes brought about by construction. Grading changes should not occur within the CRZ of a tree. In addition, grading on a site should neither increase or decrease moisture conditions within a tree’s CRZ. The area of concern around an important tree PD\�EH�VLJQLÀFDQWO\�ODUJHU�WKDQ�WKH�&5=��7KH�GULS�OLQH�RI�WKH�WUHH�VKDOO�EH�XVHG�IRU�comparison, and if larger than the CRZ, the dripline should be used to determine how best to protect an important tree.

7. Locate utility lines away from trees to be retained. If this is not possible, install utility lines through bored tunnels instead of trenches.

��&RQGXFW�DQ\�QHFHVVDU\�H[FDYDWLRQ�DURXQG�WUHHV�E\�KDQG�

9. Applicant must provide a Tree Protection Plan that is compliant with requirements as set forth Chapter 28, Tree Regulations.

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

310

ZONINGORDINANCE



��8SRQ�UHDVRQDEOH�QRWLFH�WR�WKH�SURSHUW\�RZQHU�DQG�RU�$SSOLFDQW��WKH�&LW\�shall have the right to periodically inspect the site during site plan review, land clearing, and/or construction to ensure compliance.

I. Tree Removal as a Result of Construction Activity:

��$Q\�SURWHFWHG�WUHH�LGHQWLÀHG�IRU�SUHVHUYDWLRQ�RQ�DQ�DSSURYHG�VLWH�SODQ�WKDW�KDV�died within three years (3) of the start of construction shall be replaced under the appropriate Landmark Tree and Woodland replacement requirement.

J. Site Plan Approval and Enforcement:

1. Tree protection and mitigation as approved by the Planning Commission is a condition of Site Plan approval and enforced as such.

K. Appeals and Variances. All appeals or requests for variances from the provisions of this section shall be made to the City of Troy Zoning Board of Appeals in accordance with Article 15 of the City of Troy Zoning Ordinance.

L. Violations and Penalties. Violations of the provisions of this section are violations of the City of Troy Zoning Ordinance and subject to Article 3 of the City of Troy Zoning Ordinance.

SECTION 13.08 TRAFFIC IMPACT ANALYSIS

$�WUDIÀF�LPSDFW�DQDO\VLV�PD\�EH�UHTXLUHG�E\�WKH�Zoning Administrator, in consultation ZLWK�WKH�7UDIÀF�(QJLQHHU��WR�DQDO\]H�WKH�HIIHFW�RI�GHYHORSPHQW�XSRQ�H[LVWLQJ�VWUHHW�WUDIÀF��7KH�WUDIÀF�LPSDFW�DQDO\VLV�VKDOO�EH�SDLG�IRU�E\�WKH�DSSOLFDQW�DQG�VKDOO�H[DPLQH�H[LVWLQJ�DQG�SURSRVHG�WUDIÀF�ÁRZ��WULS�JHQHUDWLRQ�VWXGLHV��LPSDFWV�RQ�PDMRU�intersections, turning movement analysis, roadway capacity, parking generation DQG�VLWH�LQJUHVV��HJUHVV��7KH�WUDIÀF�LPSDFW�DQDO\VLV�VKDOO�EH�SUHSDUHG�E\�D�UHJLVWHUHG�professional engineer or transportation planner.

SECTION 13.09 ACCESS MANAGEMENT

A. Where Required. The standards set forth in this Section shall apply to all uses which access a public street.

B. General Requirements.

1. Adequate ingress and egress to the parking facility shall be provided by clearly GHÀQHG�GULYHZD\V��$FFHVV�WR�SXEOLF�URDGV�VKDOO�EH�FRQWUROOHG�LQ�WKH�LQWHUHVW�

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

229

ZONINGORDINANCE

Article 10Development Options


4. Occupancy permits for residential structures may not be granted until all utility and street improvements and related rights-of-way or easements have been accepted by the City, in accordance with Engineering Division procedures.

E. Improvements.

1. Principal access and circulation through a site condominium shall be provided E\�SXEOLF�VWUHHWV�FRQVWUXFWHG�WR�&LW\�VWDQGDUGV��ZLWKLQ�VL[W\��IRRW�ZLGH�ULJKWV�RI�way. Secondary access and circulation through such developments, on which some of the residential parcels may have their sole frontage, may be provided by twenty-eight (28) foot wide streets constructed to City public street standards, within forty (40) foot private easements for public access.

�� 3ULQFLSDO�DFFHVV�WR�VLWH�FRQGRPLQLXP�RI�ÀYH��DFUHV�RU�OHVV�LQ�DUHD�PD\�EH�provided by way of twenty-eight (28) foot wide streets constructed to City public street standards, within forty(40) foot private easements for public access, when in the opinion of the City Council�WKH�SURSHUW\�FRQÀJXUDWLRQ�LV�VXFK�WKDW�WKH�provision of conforming dwelling unit parcels is impractical.

3. All entrances to major or secondary thoroughfares shall include deceleration, acceleration and passing lanes as required by Engineering Standards of the City of Troy.

4. Sidewalks shall be constructed, in accordance with City Standards, across the IURQWDJH�RI�DOO�GZHOOLQJ�XQLW�SDUFHOV��8WLOLWLHV�VKDOO�EH�SODFHG�ZLWKLQ�VWUHHW�ULJKWV�RI�way, or within easements approved as to size and location by the City Engineer.

5. All shall be served by public water, sanitary sewer, storm sewer and detention/UHWHQWLRQ�V\VWHPV�FRQVWUXFWHG�WR�&LW\�VWDQGDUGV��DW�WKH�H[SHQVH�RI�WKH�GHYHORSHU��Easements over these systems shall be conveyed and recorded before occupancy permits are issued for dwelling units.

SECTION 10.03 OPEN SPACE PRESERVATION OPTION

A. Intent. An applicant may elect to apply for an Open Space Preservation option in the R-1A and R-1B One-Family Residential zoning districts, provided the standards set forth in this Section are met. The Open Space Preservation Option is intended to:

1. Provide a more desirable living environment by preserving the natural character RI�WKH�SURSHUW\��VXFK�DV�PDWXUH�WUHHV��ZHWODQGV��ÁRRGSODLQV��WRSRJUDSK\��and open space for enjoyment by residents of the Open Space Preservation development.

2. Encourage developers to use a more creative approach in the development of residential areas.

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

230

ZONINGORDINANCE



�� (QFRXUDJH�D�PRUH�HIÀFLHQW��DHVWKHWLF�DQG�GHVLUDEOH�XVH�RI�WKH�ODQG�ZKLOH�recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles.

4. Encourage the provision of open space�VR�EHQHÀWV�PD\�DFFUXH�GLUHFWO\�WR�residents of the Open Space Preservation development and to further encourage the development of recreational facilities.

5. Ensure an Open Space Preservation development shall result in a recognizable DQG�VXEVWDQWLDO�EHQHÀW�WR�UHVLGHQWV�RI�WKH�SURSHUW\�DQG�WR�WKH�RYHUDOO�TXDOLW\�RI�OLIH�in the City.

B. Eligibility Criteria. To be eligible for the Open Space Preservation Option, property must be zoned R-1A or R-1B, and meet each of the following standards:

1. The area preserved as open space shall remain in a perpetually undeveloped state.

2. The site shall be under the control of one owner or group of owners acting jointly and shall be capable of being planned and developed as one integral unit.

�� 7KH�RSWLRQ�KDV�QRW�SUHYLRXVO\�EHHQ�H[HUFLVHG�RQ�WKH�SDUFHO��

C. Application Requirements. The Open Space Preservation Plan shall contain the following, in addition to the information required on a complete site plan:

1. A complete description of the land proposed to be dedicated to the City or to the common use of lot owners (herein called dedicated open space) shall be provided, including the following:

a. Legal description of dedicated open space, including dedicated easements.

b. Topographical survey of dedicated open space.

c. Types of soil in dedicated open space.

d. Description of natural features on dedicated open space.

e. Other relevant information necessary to show that the proposed development TXDOLÀHV�IRU�DSSURYDO�DV�DQ�2SHQ�6SDFH�3UHVHUYDWLRQ�GHYHORSPHQW�

2. The proposed plan of development of the dedicated open space shall be submitted with the application and shall include the following:

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

231

ZONINGORDINANCE



a. The proposed manner in which the title to land and facilities is to be held by the owners of land in the Open Space Preservation development.

b. The proposed manner of regulating the use of the common facilities and areas so as to eliminate possible nuisances to other property owners and cause for enforcement by the City.

c. The proposed uses of dedicated open space and the proposed improvements to be constructed by the proprietor.

'�� 'ZHOOLQJ�8QLW�'HQVLW\��7KH�QXPEHU�RI�dwelling units allowable within the Open Space Development shall be determined through the preparation of a “parallel plan.”

1. The applicant shall prepare a parallel plan for the project that is consistent with State, County and City requirements and design criteria for a tentative preliminary plat or unplatted site condominium. The parallel plan shall meet all standards for lot/unit size, lot/unit width and setbacks as normally required for the applicable One-Family zoning district.

2. The City shall review the design and determine the number of lots that could be GHYHORSHG�IROORZLQJ�WKH�SDUDOOHO�SODQ��7KLV�QXPEHU�VKDOO�EH�WKH�PD[LPXP�QXPEHU�of dwelling units allowable in the Open Space Preservation development.

(�� 5HJXODWRU\�)OH[LELOLW\��7R�FRPSO\�ZLWK�WKH�RSHQ�VSDFH�SUHVHUYDWLRQ�SURYLVLRQV�RI�WKH�0LFKLJDQ�=RQLQJ�(QDEOLQJ�$FW��WKH�&LW\�PD\�SHUPLW�VSHFLÀF�GHSDUWXUHV�IURP�WKH�requirements of the Zoning Ordinance for yards and lots as a part of the approval process. The applicant may cluster the dwellings on smaller lots, provided the following:

�� 2YHUDOO�GHQVLW\�VKDOO�QRW�H[FHHG�WKH�QXPEHU�RI�ORWV�GHWHUPLQHG�LQ�WKH�SDUDOOHO�plan.

2. Setback provisions shall be as follows:

a. Setback requirements for main buildings at the perimeter of the development VKDOO�EH�HTXDO�WR�WKH�H[LVWLQJ�XQGHUO\LQJ�]RQLQJ�

b. Setback requirements for main buildings on the interior of the development shall be provided to newly created streets, an interior property line, or from the RSHQ�VSDFH�SUHVHUYDWLRQ�DUHD��,I�SURSHUW\�OLQHV�GR�QRW�H[LVW�EHWZHHQ�EXLOGLQJV��the setbacks shall be measured to an imaginary line between the buildings.

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

232

ZONINGORDINANCE



The minimum setbacks shall be as follows:

Front 25’ Rear 35’ Sides 10’

3. All regulations applicable to parking and loading, general provisions, and other requirements shall be met.

4. The permitted uses shall be restricted to single family detached residential development, residential accessory structures, and non-commercial recreation uses.

F. Open Space Requirements.

1. Minimum Requirements. An Open Space Preservation development shall maintain a minimum of twenty (20) percent of the gross area of the site as dedicated open space, which shall remain perpetually in an undeveloped state by means of one of the tools included in subsection 5 below. Land in an undeveloped state may be, but is not required to be, dedicated to the use RI�WKH�SXEOLF��([FHSW�DV�QRWHG�LQ�Section 10.04.F.3, any land area maintained in an undeveloped state within the boundaries of the site meeting the open space standards herein may be included as required open space. The required open space shall be accessible to all residents of the Open Space Preservation development or the City of Troy.

2. Common Open Space. Common open space, other common properties and facilities, individual properties, and all other elements of an Open Space 3UHVHUYDWLRQ�GHYHORSPHQW�VKDOO�EH�VR�SODQQHG�WKDW�WKH\�ZLOO�DFKLHYH�D�XQLÀHG�open space, community green or plaza and recreation area system, with open space and all other elements in appropriate locations, suitably related to each other, the site and surrounding lands. All land within a development that is not devoted to a residential unit, an accessory use, vehicle access, vehicle parking, a roadway, or an approved land improvement, shall be permanently set aside as common land for community use, recreation or conservation.

3. Areas Not Considered Open Space. The following land areas are not included as dedicated open space for the purposes of this Section:

a. Area proposed as single-family residential lots/units.

b. Area proposed as limited common elements of condominium developments, or land within a condominium development, which is convertible to general common elements that will not remain in a perpetually undeveloped state or land convertible to limited common elements.

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

233

ZONINGORDINANCE



c. The area of any street right-of-way or equivalent private road easement.

4. Location of Open Space. Common open space shall be planned in locations accessible to all residing within the Open Space Development. The common open space may be centrally located along the road frontage of the GHYHORSPHQW��ORFDWHG�WR�SUHVHUYH�VLJQLÀFDQW�QDWXUDO�IHDWXUHV��RU�ORFDWHG�WR�connect open spaces.

5. Protection of Open Space.

a. The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the City, such as: recorded deed restrictions, restrictive covenants, or conservation easements, plat dedication, or other legal means that run with the land. As used in this section, the phrase “conservation easement” means an interest in land that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition LQ�D�GHHG��ZLOO�RU�RWKHU�LQVWUXPHQW�H[HFXWHG�E\�RU�RQ�EHKDOI�RI�WKH�RZQHU�RI�the land or body of water or in an order of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition.

b. Such conveyance shall assure that the open space will be protected from all IRUPV�RI�GHYHORSPHQW��H[FHSW�DV�VKRZQ�RQ�DQ�DSSURYHG�VLWH�SODQ��DQG�VKDOO�never be changed to another use. Such conveyance shall:

(i) Indicate the proposed allowable use(s) of the dedicated open space.

(ii) The dedicated open space shall forever remain open space, subject only to uses authorized by state law and approved by the City on the approved site plan or subdivision plat. Open space may include a recreational trail, children’s play area, greenway or linear park.

6(&7,21�� 21(�)$0,/<�&/867(5�237,21

A. Intent. The Cluster Option is offered as an alternative to traditional residential development. The Cluster Option is intended to:

1. Encourage the use of property in accordance with its natural character.2. Assure the permanent preservation of open space and other natural features.3. Provide recreational facilities and/or open space within a reasonable distance of

all residents of the Cluster development.

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

234

ZONINGORDINANCE



�� $OORZ�LQQRYDWLRQ�DQG�JUHDWHU�ÁH[LELOLW\�LQ�WKH�GHVLJQ�RI�UHVLGHQWLDO�GHYHORSPHQWV�5. Facilitate the construction and maintenance of streets, utilities, and public

VHUYLFHV�LQ�D�PRUH�HFRQRPLFDO�DQG�HIÀFLHQW�PDQQHU�6. Ensure compatibility of design and use between neighboring property.7. Encourage a less sprawling form of development, thus preserving open space as

undeveloped land.�� $OORZ�IRU�GHVLJQ�LQQRYDWLRQ�WR�SURYLGH�ÁH[LELOLW\�IRU�ODQG�GHYHORSPHQW�ZKHUH�WKH�

normal development approach would otherwise be unnecessarily restrictive or contrary to other City goals.

%�� 8VHV�

1. To be eligible for Cluster consideration, property must be zoned R-1A, R-1B, R-1C, R-1D, or R-1E.

2. The permitted uses shall be limited to single-family detached residential development, residential accessory structures, non-commercial recreation uses and open space.

�� 7ZR��IDPLO\��GZHOOLQJV�DUH�SHUPLWWHG�DV�D�6SHFLDO�8VH�LQ�WKH�5�$��5�%��5�&��5�'��and R1E Zoning Districts with the following regulations:

a. The site shall have frontage on and primary access to a major or minor arterial.b. Perimeter Setback: Perimeter setback for principal structures from all of

the borders of the development shall be equal to the rear-yard setback requirement for the underlying zoning district of the property directly adjacent to each border. The required open space areas may be located partially or completely within the required perimeter setback..

F�� &RPSO\�ZLWK�WKH�6SHFLDO�8VH�VWDQGDUGV�DV�VHW�IRUWK�LQ�6HFWLRQ��

&��%DVH�1XPEHU�RI�8QLWV�

�� 7KH�QXPEHU�RI�GZHOOLQJ�XQLWV�SHUPLWWHG�VKDOO�QRW�H[FHHG�WKH�QXPEHU�RI�GZHOOLQJ�units customarily developable in the zoning district in which the proposed development is located, developed with a conventional layout and all applicable ordinances and laws observed. In order to calculate density with a conventional subdivision or site condominium layout, the applicant shall submit a concept site plan of the property with a conventional layout. The plan shall indicate the topography of the site at two (2) foot contour intervals and the limits RI�DOO�ÁRRGSODLQV��ZDWHU�ERGLHV��ZHWODQGV��HDVHPHQWV��DQG�RWKHU�DUHDV�ZKLFK�would be set aside and preserved due to impracticality, economic unfeasibility, contractual prohibition, or based upon applicable law or ordinance. In addition, the concept plan with the conventional layout shall include the general street SDWWHUQ�DQG�ORW�FRQÀJXUDWLRQV��,Q�JHQHUDO��WKH�SODQ�VKDOO�EH�GUDZQ�ZLWK�VXIÀFLHQW�detail to permit the Planning Commission to determine the density that would be achieved by conventional development.

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

235

ZONINGORDINANCE



2. If all requirements 10.04.D are met, the underlying density established by 10.04.C.1 PD\�EH�LQFUHDVHG�E\�WZHQW\�SHUFHQW��

D. Open Space Requirements.

1. The following land areas are not included as dedicated open space for the purposes of the Cluster development option:

a. The area of any street right-of-way.b. The submerged area of any lakes, rivers, ponds or streams.c. The required front and side setbacks surrounding a residential structure.d. Required building separations.H�� 6WRUP�ZDWHU�GHWHQWLRQ�RU�UHWHQWLRQ�IDFLOLWLHV��ZLWK�WKH�H[FHSWLRQ�RI�ELR�UHWHQWLRQ�

areas that provide an active or passive recreation function, which can be considered open space.

f. Non-functional open space due to limited width or depth as determined by the City Council.

2. All land within a development that is not devoted to a residential unit, limited common elements, accessory structures, vehicle access, vehicle parking, a roadway, or an approved improvement, shall be set aside as common land for recreation, conservation, or preserved in an undeveloped state.

�� $�&OXVWHU�GHYHORSPHQW�VKDOO�PDLQWDLQ�D�PLQLPXP�RI�WZHQW\�SHUFHQW��RI�WKH�gross area of the site as dedicated open space held in common ownership.

�� %HQHÀW��7KH�SURSRVHG�RSHQ�VSDFH�VKDOO�SURYLGH�DW�OHDVW�RQH��RI�WKH�IROORZLQJ�RSHQ�VSDFH�EHQHÀWV�

D�� 6LJQLÀFDQW�1DWXUDO�)HDWXUHV��3UHVHUYDWLRQ�RI�VLJQLÀFDQW�QDWXUDO�IHDWXUHV�contained on the site, as long as it is in the best interest of the City to preserve the natural features that might be negatively impacted by conventional UHVLGHQWLDO�GHYHORSPHQW��7KH�GHWHUPLQDWLRQ�RI�ZKHWKHU�WKH�VLWH�KDV�VLJQLÀFDQW�natural features shall be made by the City Council, after review of a Natural Features Analysis, prepared by the applicant, that inventories these features; or

E�� 5HFUHDWLRQ�)DFLOLWLHV��,I�WKH�VLWH�ODFNV�VLJQLÀFDQW�QDWXUDO�IHDWXUHV��LW�FDQ�TXDOLI\�with the provision of usable recreation facilities to which all residents of the development shall have reasonable access. Such recreation facilities include areas such as a neighborhood park, passive recreational facilities, VRFFHU�ÀHOGV��EDOO�ÀHOGV��ELNH�SDWKV��RU�VLPLODU�IDFLOLWLHV�WKDW�SURYLGH�D�IHDWXUH�RI�FRPPXQLW\�ZLGH�VLJQLÀFDQFH�DQG�HQKDQFH�UHVLGHQWLDO�GHYHORSPHQW��Recreational facilities that are less pervious than natural landscape shall not FRPSULVH�PRUH�WKDQ�ÀIW\��SHUFHQW�RI�WKH�RSHQ�VSDFH��7KH�GHWHUPLQDWLRQ�RI�ZKHWKHU�WKH�VLWH�KDV�VLJQLÀFDQW�QDWXUDO�IHDWXUHV�VKDOO�EH�PDGH�E\�WKH�&LW\�

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

236

ZONINGORDINANCE



Council after review of a Site Analysis Plan, prepared by the applicant, that inventories these features; or

c. Preservation of Common Open Space or Creation of Natural Features. If WKH�VLWH�ODFNV�VLJQLÀFDQW�QDWXUDO�IHDWXUHV��D�SURSRVHG�GHYHORSPHQW�PD\�also qualify if the development will preserve common open space or create VLJQLÀFDQW�QDWXUDO�IHDWXUHV�VXFK�DV�ZHWODQGV��7KH�GHWHUPLQDWLRQ�RI�ZKHWKHU�WKH�VLWH�KDV�VLJQLÀFDQW�QDWXUDO�IHDWXUHV�VKDOO�EH�PDGH�E\�WKH�&LW\�&RXQFLO�DIWHU�review of a Site Analysis Plan, prepared by the applicant, which inventories these features.

5. The common open space may be centrally located along the road frontage of WKH�GHYHORSPHQW��ORFDWHG�WR�SUHVHUYH�VLJQLÀFDQW�QDWXUDO�IHDWXUHV��RU�ORFDWHG�WR�connect open spaces throughout the development.

6. Connections between the dedicated open space of the development and DGMDFHQW�RSHQ�VSDFH��SXEOLF�ODQG�RU�H[LVWLQJ�RU�SODQQHG�VDIHW\�SDWKV�LV�SUHIHUUHG�and may be required by the City Council.

7. The dedicated open space shall be set aside by the developer through an irrevocable conveyance, such as deed restriction, restrictive covenant, conservation easement, plat dedication, or other legal document that is subject to review and approval by the City Council, after review and recommendation by the City Attorney. The irrevocable conveyance document shall be approved EHIRUH�WKHUH�FDQ�EH�ÀQDO�DSSURYDO�RI�WKH�GHYHORSPHQW��ÀQDO�VLWH�SODQ�DSSURYDO��and the developer shall record such documents with the Oakland County 5HJLVWHU�RI�'HHGV��7KH�&LW\�RI�7UR\��RU�WKH�FRPPRQ�RZQHUV��VKDOO�EH�VSHFLÀFDOO\�LGHQWLÀHG�DV�WKH�EHQHÀFLDU\�RI�LWV�SURYLVLRQV�

a. The dedicated open space shall be perpetually maintained by parties that

have an ownership interest in the open space.b. Standards for scheduled maintenance of the open space.c. If the owners of the dedicated open space have failed to maintain it so

that it becomes a public nuisance, then the City shall undertake all future maintenance, and shall annually assess the costs for such maintenance upon WKH�SURSHUW\�RZQHUV�LQ�WKH�DVVRFLDWLRQ��EDVHG�RQ�WKH�EHQHÀW�DOORFDWLRQ�IRU�each property as determined by the City assessor.

d. The irrevocable conveyance shall assure that the open space will be SURWHFWHG�IURP�DOO�IRUPV�RI�GHYHORSPHQW��H[FHSW�DV�VKRZQ�RQ�WKH�DSSURYHG�Final Site Plan. Such conveyance shall indicate the proposed allowable use(s) of the dedicated open space. The open space restrictions shall prohibit uses or activities that negatively affect the dedicated open space, including the following:

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

237

ZONINGORDINANCE



(i) Dumping or storing of any material or refuse.(ii) Activity that may cause risk of soil erosion or threaten any living plant

material.�LLL��&XWWLQJ�RU�UHPRYDO�RI�OLYH�SODQW�PDWHULDO�H[FHSW�IRU�UHPRYDO�RI�G\LQJ�RU�

diseased vegetation.�LY��8VH�RI�PRWRUL]HG�RII�URDG�YHKLFOHV��Y��&XWWLQJ��ÀOOLQJ�RU�UHPRYDO�RI�YHJHWDWLRQ�IURP�ZHWODQG�DUHDV��YL��8VH�RI�SHVWLFLGHV��KHUELFLGHV�RU�IHUWLOL]HUV�ZLWKLQ�DQ\�ZHWODQGV�DUHD�

e. The irrevocable conveyance shall provide the following:

(i) The dedicated open space shall be perpetually maintained by parties that have an ownership interest in the open space.

(ii) Standards for scheduled maintenance of the open space.(iii) If the owners of the dedicated open space have failed to maintain it so

that it becomes a public nuisance, then the City shall undertake all future maintenance, and shall annually assess the costs for such maintenance XSRQ�WKH�SURSHUW\�RZQHUV�LQ�WKH�DVVRFLDWLRQ��EDVHG�RQ�WKH�EHQHÀW�allocation for each property.

(iv) The dedicated open space shall forever remain open space, subject only to uses approved by the City on the approved Final Site Plan.

(v) Any structures or buildings accessory to a recreation or conservation use may be erected within the dedicated open space. These accessory VWUXFWXUHV�RU�EXLOGLQJV�VKDOO�QRW�H[FHHG�RQH��SHUFHQW�RI�WKH�UHTXLUHG�open space area.

8. Maintenance of Open Space. The applicant shall provide documentation to guarantee to the satisfaction of the City Council that all open space portions of the development will be maintained as approved and that all commitments for such maintenance are binding on successors and future owners of the subject property. All such documents shall be subject to approval by the City Attorney. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the City, and that the continued maintenance guarantees remain satisfactory to the City, and the land uses continue as approved in the Cluster development.

9. Cohesive Neighborhood. The proposed development shall be designed to create a cohesive community neighborhood through common open space areas for passive or active recreation and resident interaction. All open space areas shall be reasonably accessible to all residents of the development.

��8QLÀHG�&RQWURO��7KH�SURSRVHG�GHYHORSPHQW�VLWH�VKDOO�EH�XQGHU�VLQJOH�RZQHUVKLS�RU�control, such that there is a single person or entity having proprietary responsibility IRU�WKH�IXOO�FRPSOHWLRQ�RI�WKH�SURMHFW��7KH�DSSOLFDQW�VKDOO�SURYLGH�VXIÀFLHQW�documentation of ownership or control in the form of agreements, contracts,

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

238

ZONINGORDINANCE



covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed. All documents shall be subject to the review and approval by the City Attorney.

11. Density Impact. The proposed type and density of use shall not place an unreasonable impact on the subject and/or surrounding land and/or property owners and occupants and/or the natural environment. An unreasonable impact VKDOO�EH�FRQVLGHUHG�DQ�XQDFFHSWDEOH�VLJQLÀFDQW�DGYHUVH�HIIHFW�RQ�WKH�TXDOLW\�of the surrounding community and the natural environment in comparison to the impacts associated with conventional development.

(�� %XON�5HJXODWLRQV�DQG�5HJXODWRU\�)OH[LELOLW\��7KH�&LW\�VKDOO�SHUPLW�VSHFLÀF�GHSDUWXUHV�from the dimensional requirements of the Zoning Ordinance for yards and units as a part of the approval process. The applicant may cluster the dwellings, as long as the IROORZLQJ�UHTXLUHPHQWV�DUH�VDWLVÀHG�

�� 2YHUDOO�GHQVLW\�VKDOO�QRW�H[FHHG�WKH�QXPEHU�RI�UHVLGHQWLDO�FOXVWHU�XQLWV�GHWHUPLQHG�in Section 10.04.C unless a density bonus as set forth in Section 10.04.H has been granted by the City Council.

2. Setback provisions shall be as follows:

a. Perimeter Setback: The perimeter setback for principal structures from all of the borders of the development shall be equal to the rear yard setback requirement for the underlying zoning district of the property directly adjacent to each border. The required open space areas may be located partially or completely within the perimeter setback.

b. Setback requirements for principal structures on the interior of the GHYHORSPHQW�VKDOO�EH�DV�IROORZV��,I�SURSHUW\�OLQHV�GR�QRW�H[LVW�EHWZHHQ�KRXVHV��the setbacks shall be measured to an imaginary line of equal distance EHWZHHQ�WKH�KRXVHV��$�GXSOH[�VKDOO�EH�WUHDWHG�DV�D�VLQJOH�GHWDFKHG�UHVLGHQFH�for the purpose of determining required setbacks. The minimum setbacks shall be as follows.

�L�� )URQW��7ZHQW\��IHHW��7KHUH�VKDOO�EH�DW�OHDVW�WZHQW\�ÀYH��IHHW�EHWZHHQ�the garage door and the closest edge of the sidewalk to allow for an automobile to be parked in the driveway without obstructing the sidewalk.

�LL��5HDU��7ZHQW\�ÀYH��IHHW�

(iii) Side: Seven and one-half (7.5) feet. For detached units with “rear-to-side” UHODWLRQVKLSV��WKH�UHTXLUHG�VHWEDFN�VKDOO�EH�ÀIWHHQ��IHHW�IRU�HDFK�XQLW��IRU�a total of thirty (30) feet.

�� 5HTXLUHG�VWUHHW�IURQWDJH��7KH�H[WHQW�RI�VWUHHW�IURQWDJH�VKDOO�EH�GHWHUPLQHG�E\�

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

239

ZONINGORDINANCE



the Planning Commission, in its discretion, with greater deviations from minimum frontage requirements applicable in the district to be permitted in proportion WR�WKH�H[WHQW�DQG�LPSRUWDQFH�RI�QDWXUDO�UHVRXUFHV�WRSRJUDSKLFDO�FRQGLWLRQV��ÁRRGSODLQV�DQG�ZHWODQGV�WR�EH�SUHVHUYHG�RQ�WKH�SURSHUW\��DQG�WDNLQJ�LQWR�consideration the size and shape of the development site, public safety factors, aesthetics and impact upon the surrounding developments.

4. All applicable zoning district regulations to height, parking, loading, general provisions, and other requirements shall be met.

�� 5HJXODWRU\�)OH[LELOLW\��7KH�&LW\�&RXQFLO��EDVHG�XSRQ�D�UHFRPPHQGDWLRQ�IURP�WKH�Planning Commission, may waive the front, side, rear, and perimeter setback provisions as set forth in 10.4.E.2 provided that the applicant has demonstrated innovative and creative site and building designs and solutions, which would otherwise be unfeasible or unlikely to be achieved absent this provision.

F. Landscaping. Required landscaping shall be in accordance with section 13.02.F Subdivision and Site Condominium Landscaping.

G. Access. Principal access to the development shall be provided by twenty-eight (28) IRRW�ZLGH�SXEOLF�VWUHHWV�FRQVWUXFWHG�WR�&LW\�VWDQGDUGV�WKDW�DUH�ORFDWHG�ZLWKLQ�VL[W\�(60) foot wide rights-of-way or by twenty-eight (28) foot wide streets constructed to City public street standards that are located, within forty (40) foot private easements for public access. Sidewalks shall be constructed across the frontage of all dwelling unit parcels in accordance with City standards. Public utilities shall be placed within street rights-of-way, or within easements approved as to size and location by the City Engineer.

H. Density Bonus. To encourage the use of the cluster development as set forth in the objectives in Section 10.04.A, a variable density bonus may be allowed at the discretion of City Council, based on a recommendation from Planning Commission. Density bonuses may be based upon a demonstration by the applicant of the following elements:

�� 2SHQ�6SDFH��)RU�HYHU\�WHQ�SHUFHQW��DGGLWLRQDO�RSHQ�VSDFH�DERYH�WKH�minimum required amount that is not encumbered by rights-of-way or utility HDVHPHQWV��D�WHQ�SHUFHQW��ERQXV�GHQVLW\�PD\�EH�DSSOLHG��RU�IUDFWLRQ�thereof above the base yield number of units as established in 10.04.C.1.

2. Housing Diversity and Options. A bonus above the base yield number of units established in 10.04.C.1 may be provided for a development that provides a diverse variety of housing types or provides a type of housing that is desired, but not currently offered in the city. The following requirements shall be met for the all ERQXV�XQLW�LQ�H[FHVV�RI�WKH�EDVH�\LHOG�QXPEHU�RI�XQLWV��

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

240

ZONINGORDINANCE



D�� 0D[LPXP�KRPH�VTXDUH�IRRWDJH�VKDOO�QRW�H[FHHG��VT�IW��DQGE�� 0DVWHU�ÀUVW�ÁRRU�EHGURRP�DQG�EDWKURRP�VKDOO�EH�SURYLGHG��DQG

�� 6XVWDLQDEOH�'HVLJQ��$��XQLW�ERQXV�DERYH�WKH�EDVH�\LHOG�QXPEHU�RI�units established in 10.04.C.1 may be provided for a development that utilizes sustainable design best practices including, but not limited to green infrastructure, stormwater best management practices, and green buildings. A sustainable design bonus shall be discretionary from the City Council, based on recommendation from the Planning Commission.

4. Such density bonuses are in addition to the bonus established in 10.04.C.2

I. Standards for Review.

1. Review. In reviewing any application for a Cluster Development, the Planning Commission shall identify and evaluate all factors relevant to the application, and VKDOO�UHSRUW�LWV�ÀQGLQJV�LQ�IXOO��DORQJ�ZLWK�LWV�UHFRPPHQGDWLRQV�IRU�GLVSRVLWLRQ�RI�WKH�application, to the City Council.

2. Findings. The applicant shall demonstrate that through the use of the Cluster RSWLRQ��WKH�GHYHORSPHQW�ZLOO�DFFRPSOLVK�D�VXIÀFLHQW�QXPEHU�RI�WKH�IROORZLQJ�objectives, as are reasonably applicable to the site, providing:

a. Long-term protection and preservation of natural resources, natural features, DQG�RSHQ�VSDFH�RI�D�VLJQLÀFDQW�TXDQWLW\�DQG�RU�TXDOLW\�LQ�QHHG�RI�SURWHFWLRQ�or preservation, and which would otherwise be unfeasible or unlikely to be achieved absent these regulations.

E�� ,QQRYDWLYH�DQG�FUHDWLYH�VLWH�GHVLJQ�WKURXJK�ÁH[LELOLW\�LQ�WKH�VLWLQJ�RI�GZHOOLQJV�and other development features that would otherwise be unfeasible or unlikely to be achieved absent these regulations.

c. Appropriate buffer and/or land use transitions between the Cluster development and surrounding properties.

G�� $�FRPSDWLEOH�PL[WXUH�RI�RSHQ�VSDFH��ODQGVFDSHG�DUHDV��DQG�RU�SHGHVWULDQ�amenities.

e. Sustainable design features and techniques, such as green building, stormwater management best practices, and low impact design, which will promote and encourage energy conservation and sustainable development.

f. A means for owning common open space and for protecting it from development in perpetuity.

J�� $Q\�GHQVLW\�ERQXV�LV�FRPPHQVXUDWH�ZLWK�WKH�EHQHÀW�RIIHUHG�WR�DFKLHYH�VXFK�bonus.

h. The cluster development shall be adequately served by essential public facilities and services, such as: streets, pedestrian or bicycle facilities, police DQG�ÀUH�SURWHFWLRQ��GUDLQDJH�V\VWHPV��UHIXVH�GLVSRVDO��ZDWHU�DQG�VHZDJH�facilities, and schools. Such services shall be provided and accommodated

BACK FORWARD

Authority a

nd

Ad

ministra

tionD

evelopment


Proced

uresSupplem

ental Design

RegulationsN

onconformity,

Appeals,A

mend

ments

241

ZONINGORDINANCE



without an unreasonable public burden.i. The architectural form, scale, and massing shall ensure buildings are in

proportion and complementary to those of adjacent properties and the selected building materials are of high, durable quality. The garage shall not be the dominant feature of a residential building.

J. Application Requirements. In addition to the information required by the City of Troy for all other site plans, any development proposing to utilize the Cluster Plan shall contain the following:

1. A complete description of the land proposed to be dedicated for the common use of lot owners in the association or to the City, including the following:

a. A legal description of dedicated open space.b. A topographical and boundary survey of dedicated open space.F�� $�1DWXUDO�)HDWXUHV�$QDO\VLV�WKDW�LQYHQWRULHV�DOO�VLJQLÀFDQW�QDWXUDO�IHDWXUHV�RQ�

the property and on abutting properties, if applicable.

2. Information regarding current and proposed ownership and use of the dedicated open space, including the following:

a. The proposed ownership and control of the open space.b. The proposed methods of regulating the use of the common facilities and

areas so as to eliminate possible nuisances to other property owners and/or nuisances that require enforcement by the City of Troy.

c. The proposed and/or potential uses of dedicated open space and the proposed improvements to be constructed by the developer.

�� $�GHWDLOHG�QDUUDWLYH�DQG�JUDSKLF�SODQ�WKDW�LQGLFDWHV�D�VSHFLÀF�PHWKRG�V��IRU�SURWHFWLQJ�VLJQLÀFDQW�QDWXUDO�IHDWXUHV�LQFOXGLQJ��3URWHFWHG�7UHHV��ZHWODQGV��ZDWHU�courses, and open space during construction. The plan shall be consistent with the City’s Woodland Protection requirements as set forth in Section 13.07, and shall be agreeable to the developer, who shall so indicate with his/her signature on the detailed narrative and graphic plan.

4. Other relevant information necessary to show that the proposed development TXDOLÀHV�IRU�DSSURYDO�DV�D�&OXVWHU�GHYHORSPHQW�

5. Public Hearing and Notice Requirement. All applications for a Cluster Plan approval require public notice and a public hearing. Section 3.04, Public Notice 5HTXLUHPHQWV��VHWV�IRUWK�QRWLÀFDWLRQ��

BACK FORWARD

Aut

horit

y a

nd

Ad

min

istra

tion

Dev

elop

men

t Re

gula

tions

Proc

esse

s and

Pr

oced

ures

Supp

lem

enta

l Des

ign

Regu

latio

nsN

onco

nfor

mity

, A

ppea

ls,A

men

dm

ents

242

ZONINGORDINANCE



This page intentionally left blank

BACK FORWARD

V.Survey/Wetlands Study/Lot Split/Concept Plan


BENCHMARKBENCHMARK


( 60'

R.O

.W. )

May

appl

e D

r.

CAUTION!!

Slat

e D

r.

Limited Topographic Survey

1 of 3

SCALE:



R




SEAL

April 30, 2018

PROJECT

CLIENT

PROJECT LOCATION

SHEET

DATE ISSUED/REVISED

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K363NFE JOB NO.


46777 Woodward Ave.


Tel. (248) 332-7931

Fax. (248) 332-8257

04-30-18 survey issued

Site

Location Map

NF

N

1" = 50'02550 25 50 75

NF

N

M. Carnaghi

K. Navaroli

LEGEND

CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 www.michigan.gov/deq • (800) 662-9278

STATE OF MICHIGAN

DEPARTMENT OF ENVIRONMENTAL QUALITY LANSING

RICK SNYDER GOVERNOR

C. HEIDI GRETHER DIRECTOR

January 9, 2018

Mr. Rick West Assistant Superintendent for Business Services Troy School District 4400 Livernois Road Troy, Michigan 48098-4799 Dear Mr. West: SUBJECT: Wetland Identification Report Wetland Identification Site Name: 63-East Square Lake Road-Troy MiWaters Submission Number: HN7-FPES-HQGW4 The Department of Environmental Quality (DEQ) conducted a Level 3 Wetland Identification Review of approximately 80 acres on property (Property Tax Identification Numbers 20-01-300-016 and 20-01-451-001) located in Town 02 North, Range 11 East, Section 01, city of Troy, Oakland County on November 8, 2017. The wetland identification was conducted in accordance with Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), and Rule 4 (1), Wetland Identification and Assessment (R 281.924), of the Administrative Rules for Part 303. This is a report of our findings in response to your Wetland Identification Program (WIP) application. Based on our on-site investigation which included a review of plants, hydrology, and soils, the DEQ confirms, in part, the wetland boundary lines flagged by your consultant. The DEQ also reviewed other pertinent information such as aerial imagery, soil survey data, topographic mapping data, and surface hydrology data. One wetland area was overlooked and omitted by the consultant. The DEQ extended the consultant’s wetland delineation boundaries in one location within the central portion of the WIP Review Area to encompass additional wetland area. This additional portion of Wetland A showed evidence of sustained surface (or near-surface) hydrology occurring during the growing season and was associated with hydrophytic plant species and hydric soil. Modified wetland boundaries were documented on the enclosed site map (Figure 2). The site map of the review area was created by combining information from your consultant and the DEQ. The new map identifies areas containing regulated wetland, unregulated wetland, and non-wetland (upland).

Mr. Rick West Page 2 January 9, 2018 Approximately 43.59 acres (98 percent) of the wetland within the WIP Review Area are regulated by the DEQ because of wetland size and/or proximity to a pond, lake, or stream/drain. For those areas identified as regulated wetland on the site map, please be advised that any of the following activities require a permit under Part 303:

a) Deposit or permit the placing of fill material in a regulated wetland. b) Dredge, remove, or permit the removal of soil or minerals from

regulated wetland. c) Construct, operate, or maintain any use or development in a

regulated wetland. d) Drain surface water from a regulated wetland.

For the areas identified as non-wetland (upland) and unregulated wetland on the site map, the DEQ lacks jurisdiction under Part 303 for activities occurring in those areas. This Wetland Identification Report is limited to findings pursuant to Part 303 and does not constitute a determination of jurisdiction under other DEQ-administered programs. Any land use activities undertaken within the review area may be subject to regulation pursuant to the NREPA under the following programs:

Part 91, Soil Erosion and Sedimentation Control Part 301, Inland Lakes and Streams

Please be aware that this wetland identification report does not constitute a determination of the jurisdiction under local ordinances or federal law. The United States Army Corps of Engineers (USACE) retains regulatory authority over certain wetlands pursuant to Section 404 of the Clean Water Act (CWA), and specifically those wetlands associated with traditionally navigable waters of the state. Navigable waters are generally the Great Lakes, their connecting waters, and river systems and lakes connected to these waters. In other areas of the state, the DEQ is responsible for identification of wetland boundaries for purposes of compliance with the CWA under an agreement with the United States Environmental Protection Agency. Your WIP Review Area is not likely to be within those areas also regulated by the USACE. Additional information may be obtained by contacting the USACE at 313-226-2218.

Mr. Rick West Page 3 January 9, 2018 You may request the DEQ reassess the wetland boundaries and regulatory status of wetlands within any portion of the review area, should you disagree with the findings, within 60 days of the date of this report. A written request to reassess the Wetland Identification review area must be accompanied by supporting evidence with regard to wetland vegetation, soils or hydrology different from, or in addition to, the information relied upon by DEQ staff in preparing this report. The request should be submitted to:

Wetland Identification Program Department of Environmental Quality Water Resources Division P.O. Box 30458 Lansing, Michigan 48909-7958

The findings contained in this report do not convey, provide, or otherwise imply approval of any governing act, ordinance, or regulation, nor does it waive the obligation to acquire any applicable federal, state, county, or local approvals. This Wetland Identification Report is not a permit for any activity that requires a permit from the DEQ. Should you need to apply for a permit for future work within this site, please use the same site name listed within the subject line of this letter when you are listing the site location within the MiWaters online permit application. The findings contained in this report are binding on the DEQ until January 9, 2021, a period of three years from the date of this Wetland Identification Report unless a reassessment has been conducted. Please contact me at 517-243-5002; [email protected]; or DEQ, P.O. Box 30458, Lansing, Michigan 48909-7958, if you have any questions regarding this report.

Sincerely,

Keto Gyekis Wetland Identification Program Coordinator Water Resources Division

Enclosures cc: Oakland County Soil Erosion Enforcement Agent (CEA) Oakland County Health Division City of Troy Clerk Ms. Dana Knox, ASTI Environmental Mr. Andrew Hartz, DEQ Ms. Susan Tepatti, DEQ

Ryan Rd

John R Rd

Dequindre Rd

Mound Rd

18 M

ile R

d

17 M

ile R

d

Livernois Rd

Rochester Rd

Au

bu

rn R

d

19 M

ile R

d

Van Dyke Ave

E W

att

les

Rd

Do

bry

Dr

So

uth

Blv

d W

W H

am

lin

Rd

Utica R

d

W U

tic

a R

d

E L

on

g L

ake

Rd

Fo

x H

ill

Dr

Ru

by

E S

qu

are

La

ke

Rd

S Livernois Rd

Shelby Rd

E H

am

lin

Rd

Merrill Rd

Crooks Rd

Gra

ce

So

uth

Blv

d E

Northfield Pky

W W

att

les R

d

GeraldMelvin

Metr

op

oli

tan

Pkw

y

Harrison

Emmons

Wright

18 1

/2 M

ile

Rd

Ott

aw

a

Longview

E L

ov

ell

Pond View Dr

Hessel

Culbertson

Donaldson

Eck

ford

Hazelt

on

Naw

akw

a

Grant

W L

on

g L

ak

e R

d

Ham

lin

Rd

Fra

nk

lin

Park

Dr

Norton

Als

do

rf

Rex St

Eastern

Hu

rst

Harry St

Mu

er

Bo

yd

Hah

n S

t

Vernmoor

La

ng

ePinebrook Dr

Melt

on

St

Atkin

s Rd

Hig

hbur

y

Bendelow

Co

leb

roo

k

Hartline

Bo

ula

n

Tri

nw

ay

Edith

Forsyth

Kir

k L

n

Norton Lawn

Burton Dr

Anvil Dr

Hart

wig

Allison

Midvale

Daniels

Betty St

Kraft Dr

Frankson

Elmoor

Tallman

Sh

ort

rid

ge

Waco St

Mic

hels

on

Oriole St

Jan

is S

t

Bla

nc

he

Cass Ave

Sim

s D

r

Le

eto

nia

Para

go

n

Rh

od

e D

r

Milli

s R

d

Devondale

Patte

rson

Dr

Fa

biu

s

Sco

ne

La

mb

Rd

Houghten

Donley

Folkstone Dr

Davis Dr

Gla

se

r

Pac

ton

Dr

Cre

ek

Dr

Faith Dr

Asp

inw

all

Hanks Ln

Canmoor

Renshaw DrTo

pa

z

Calka Dr

Den

so

n D

r

Ham

pton

Cir

Hart

Platt St

Hab

ran

d

Tro

yw

oo

d

Eas

tla

wn

Nath

an

W

Barclay Cir

Gulliver Dr

Hickory Lawn

Balfour

Wa

ll S

t

Ju

ne

Cre

sto

n

Ran

da

ll D

r

Sta

rk

Av

alo

n

Hale

Butler Dr

Le

hig

h

Fairfield Dr

Corporate Dr

Wa

lke

r D

r

Tara

Co

tter

Av

e

Cad

mu

s

Walsh

Fa

lco

n D

r

Alto

n D

r

Forge Dr

Hilmore

Sylv

an

wo

od

Blair Dr

Reilly

Park

lan

d D

r

Cumberland Dr

Engel Dr

Woodall Rd

Can

al R

d

Byers Dr

Joseph St

Cri

mso

n D

r

Hoptree

Den

ton

Vineyard Rd

Ham

man

Dr

Firwood

Mary

An

n A

ve

Lehigh Dr

Flis Dr

Sp

eed

wa

y D

r

Walbridge

Evanswood

Tu

cke

r D

r

Rea

gan

Dr

Talbot

Niles

Frederick Rd

Bay

lea

f D

r

Agar Dr

Rola

nd S

t

Win

ter

Dr

Kilmer

Tre

vin

o D

r

Fa

rmd

ale

Dr

Orp

ing

ton

Rd

Sco

ttsdale

Dr

Nia

ga

ra D

r

Harrington

Va

nd

erp

oo

l

Barc

lay S

t

Trillium Dr

Bri

dg

e P

ark

Dr

Springhill Dr

En

gli

sh

Dr

Baron

Forest Park Dr

Ravenna Lo

nd

on

Dr

Sto

ne

tre

e

Product Dr

Northpoint Dr

Sumpter Dr

Bo

yk

en

Dorfield

Westchester Rd

Bentle

y Rd

No

ll S

t

Le

e A

ve

Wil

ton

Aurora Dr

Cal A

ve D

en

ise

Ly

ste

r L

n

Willow Grove Rd

To

wn

Ce

nte

r D

r

Bate

s D

r

La

ke

wo

od

Dr

Shad

ywo

od

Bu

rro

ug

hs A

ve

Sta

r B

att

Dr

Phoenix Dr

Whitfield Dr

GlasgowW

alter D

rWinchester

Orchardview

Wes

ley

Nath

an

E

Din

a

Oriole

Martell

Reb

er

Dr

Kalh

aven

Burkoff

Bra

nch

St

Hillc

resc

en

t D

r

Fo

res

t M

ead

Dr

Sh

ore

lin

e

Stoddard Dr

Str

eam

vie

w

Day

lily D

r

Greendale

Ho

ped

ale

Pic

ad

illy

Douglas Dr

Au

sti

n A

ve

Hall

mark

Dr

Bin

gham

Dr

Argyle

Str

eam

woo

d D

r

Fra

nc

is S

t

Hamlin Ct

Drexel Dr

Ten

nys

on

Dr

Kin

loc

k

Jasmine

Av

on

Mn

r

Wil

by

St

Emily Dr

Gravel Rdg

Wa

ldo

Ave

Ru

by S

t

Steede Dr

Dorset

River Bend Dr

Ab

bo

tsfo

rd

Wayfarer Dr

Tria

ng

le D

r

Ban

mo

or

Ga

ge C

res

Victoria Dr

Lake

For

est

Delo

y

Mad

iso

n D

r

Dylan Dr

Yearego Dr

Cata

lpa A

ve

Dar

tmou

th D

r

Rambling Dr

Commerce Dr

Fieldstone

Ivy

Ln

Lion S

t

Yo

rkto

wn

Ln

Ash

ley D

r

Map

le L

ea

f D

r

Bra

mfo

rd D

r

Fli

ntl

oc

k R

dg

Fulham Dr

Co

ng

res

s D

r

Yanich

En

fie

ld

Ben

jam

in D

r

Jord

an D

r

Hillview Dr

Public Works Dr

Aster

Davenport Ln

Sable Blvd

Can

ne

s D

r

Og

den

Dr

Morningdale Dr

Nor

cros

s

Shady Creek DrDray Dr

Jade

Red Oak Dr

Wav

erly

Dr

Gra

ce

Metr

op

oli

tan

Pkw

y

Gra

ce

Mound Rd

Devondale

Gerald

59

75

Map

cre

ated

: D

ecem

ber 2

017

K. G

yeki

s,

Wet

land

s, L

akes

, an

d S

tream

s U

nit,

DE

Q W

RD

Figu

re 1

.W

etla

nd A

sses

smen

t Loc

atio

nDE

Q W

IPEa

st S

quar

e La

ke R

oad

Troy

WIP

Rev

iew

Are

a

Oakl

and

Coun

ty

00.

751.

52.

253

0.37

5M

iles

Rev

iew

Are

aL

oc

ati

on

N8

N2

M9

M6M3

K8

K5

K2 J3

I9

I1

H5

G8G4

E5

D7D2

C7

B2

A7

N25

N20

M18M13

K16

L35

L32

L28

L22

L18

L10

J12

H17

H13

G12

F54

F50

F36

F24

F19

F13

E66

E62

E56

E54

E51

E48

E42

E36

E30

E23

E12

D12

C11

B73

B69

B66

B63B60

B55

B49

B40

B38B34

B30

B15

A62 A58 A51

A34

A25

A14

N32 end

F60 end

E Square Lake Rd

Eva

ns

wo

odSilv

ers

ton

e D

r

RobartShoreline

Ronald

Sla

te

Ranieri

Pearl

Ch

ipp

ew

a D

r

Britta

ny T

ree

Dr

Topaz

Marb

le D

r

Tuscany Dr

Dia

mo

nd

Cliffs

ide D

r

Oa

kw

oo

d

Dina

Normandy Dr

Sem

ino

le D

r

Marble Ct

Saxony Dr

Bonito

Marily

n D

r

Map created: December 2017K. Gyekis,

Wetlands, Lakes, and Streams Unit, DEQ WRD

Figure 2.Wetland Assessment DetailDEQ WIPEast Square Lake RoadTroy

DEQ Regulated Wetland

Additional Regulated Wetland Delineated by DEQ (0.44 acre)

WIP Review Area Boundary

Wetland Boundary Flag

This drawing showing thoseareas containing wetland

and not containing wetlandis an approximation of the

boundaries flagged on-site.

This drawing does not authorize or permit activities

requiring a permit in accordance with Part 303 of the Natural Resources and Environmental Protection

Act, 1994 PA 451, as amended.

Wetlands A and F

on site are regulated

under Part 303 of NREPA

Oakland County

0 125 250 375 50062.5Feet

RegulatedWetland A

42.31 acres

Regulated

Wetland

Continues

Off Site

Reg

ula

ted

Wetl

an

d C

on

tin

ues

Off

Sit

e

Upland

Reg

ula

ted

Wetl

an

d C

on

tin

ues

Off

Sit

e

Regulated Wetland Continues Off Site

Upland

Upland

Regulated

Wetland

Continues

Off Site

Regulated Wetland

Continues Off Site

Upland

Upland

RegulatedWetland F0.84 acre

UnregulatedWetland

LEGAL DESCRIPTION - PARENT PARCEL


46777 woodward avenue

pontiac, mi 48342

Tel. (248) 332-7931 5-9-2018DATE DRAWN

M.C. 1 of 4K363JOB No. SHEET

EXHIBIT ALOT SPLIT

(PER TITLE COMMITMENT)

LEGAL DESCRIPTION - PARENT PARCEL (AS SURVEYED)


May

appl

e D

r.

Normandy

Eva

nsw

ood

Roa

d

Parent Parcel

5-9-2018DATE DRAWN


EXHIBIT ALOT SPLIT

1" = 400'SCALE

NF

N



pontiac, mi 48342

Tel. (248) 332-7931

LEGAL DESCRIPTION - PARCEL 1



pontiac, mi 48342

Tel. (248) 332-7931 5-9-2018DATE DRAWN


EXHIBIT ALOT SPLIT

LEGAL DESCRIPTION - PARCEL 2


May

appl

e D

r.

Normandy

Eva

nsw

ood

Roa

d

Parcel 1

Parcel 2

5-9-2018DATE DRAWN


EXHIBIT ALOT SPLIT

1" = 400'SCALE

NF

N



pontiac, mi 48342

Tel. (248) 332-7931

LINE TABLE

BENCHMARKBENCHMARK


( 60'

R.O

.W. )

May

appl

e D

r.

CAUTION!!

Slat

e D

r.

LOT 1

LOT 2

LOT 3

LOT 4

LOT 5LOT 6LOT 7LOT 8LOT 9

LOT 10

LOT 11

LOT 12LOT 13 LOT 14 LOT 15 LOT 16 LOT 17

DETENTION AREA

8,550 S.F.

11,690.25 S.F.

8,550.37 S.F.

8,550.37 S.F.8,969.02 S.F.8,550 S.F.8,550 S.F.10,922.85 S.F.

10,614.67 S.F.

14,847.62 S.F.

20,699.62 S.F.

13,513.18 S.F.

13,665.88 S.F.8,550.19 S.F. 8,550 S.F. 8,550 S.F. 11,417.41 S.F.

75' 80.03'75'112.18'

90.84'

67.89'

69.89

'

87.0

8'

75' 75' 100.03'75'

212.77'

114'

116.75'

114'

114'

114'

114'

114' 11

4'

80.8

0'

122.39'

211.98'

167.17'

114'

114'

114'

114'

114'

Concept Plan

1 of 1

SCALE:



R




SEAL

May 9, 2018

PROJECT

CLIENT

PROJECT LOCATION

SHEET

DATE ISSUED/REVISED

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K363NFE JOB NO.


46777 Woodward Ave.


Tel. (248) 332-7931

Fax. (248) 332-8257

SITE

LOCATION MAPN.T.S.

NF

N

S

W E

E. SQUARE LAKE RD.

DEQ

UIN

DRE

RD

.

JOH

N R

RD

.

SOUTH BOULEVARD E.

EVA

NSW

OO

D R

D.

SONG

-BIRD

RANIERIROBART

RONALDDINA

CHIPPEWA

SEM

INO

LE

MANORWOODBRIAR-WOOD

MEA

DO

WLA

RK

HARNED

JARMAN

BURDICCHANC -ERY

STIRLING

RAV

ENN

A

GULLI -VER

ALFRED

SHO

RELI

NE

LAKESIDE

NORMANDY

SILVE

RSTO

NE

SMITH

FIELD

BRITT

ANY

SAXONY

TUSCANY

MAY

APPL

E

1" = 50'02550 25 50 75

NF

N

S

W E

G. Ostrowski

G. Ostrowski

G. Ostrowski

VI. Legal Documents

- Proposal Form - Offer To Purchase - Affidavit of Compliance- Iran Economic Sanctions Act


TROY SCHOOL DISTRICT Request For Proposals To Purchase Real Property

PROPOSAL FORM

Name of Prospective Purchaser: Contact Person:

Address: Phone:

E-Mail:

1. Earnest Money: Twenty-Five Thousand ($25,000.00) Dollars to be submitted within three (3) days of the final execution of the Offer To Purchase Real Estate via certified check.

2. Purchase Price: $

3. Exceptions or Special Conditions: The prospective purchaser acknowledges and agrees that it is submitting this Proposal with the understanding that unless the prospective purchaser sets forth specific exceptions to the terms and conditions of this RFP or the Offer To Purchase Real Estate, that the prospective purchaser will execute the Offer To Purchase Real Estate attached to the RFP with all of the terms and conditions as contained therein. Please set forth any exceptions or special considerations below.

(Attach Additional Sheets or mark-up copy of the Offer To Purchase with changes, if desired) The undersigned represents and warrants to Troy School District that he/she/it has been duly authorized to execute this Proposal on behalf of the prospective purchaser and that if this Proposal is accepted by Troy School District that the same shall be binding upon and fully enforceable against the prospective purchaser. The prospective purchaser acknowledges that the School District may accept or reject any Proposal in whole or in part in its sole and absolute discretion.

Print Name of Prospective Purchaser Print Name and Title of Authorized Agent Signature of Authorized Agent Dated: , 2018

OFFER TO PURCHASE REAL ESTATE 1. THE UNDERSIGNED, Purchaser hereby offers and agrees to purchase the following real property situated in the City of Troy, Oakland County, Michigan, described as follows: 6.082 +/- acres of vacant land located ______________________________

in Troy, Michigan, Sidwell Numbers 20-01-300-016, more particularly described on Exhibit A attached hereto (the “Premises”),

subject to existing building and use restrictions and easements, if any, and zoning ordinances upon the following conditions: THE SALE TO BE CONSUMMATED BY CASH SALE: Delivery of the Warranty Deed attached hereto and marked as Exhibit B conveying marketable title at Closing to the Premises. The term “Premises” shall include all land, and all buildings, improvements and structures thereon, if any, appurtenances, tenements and hereditaments thereon, if any, in connection therewith. The purchase price for the Premises shall be the sum of ____________________________ and 00/100 ($_____________) Dollars (the “Purchase Price”) payable by Purchaser at Closing in cash, certified check, or direct wire transfer at the option of Seller.

2. As evidence of title, Seller agrees to furnish Purchaser as soon as possible a Commitment for Title Insurance (the “Commitment”), issued by First American Title Insurance Company (the “Title Company”) in an amount not less than the Purchase Price bearing date later than the acceptance hereof with policy pursuant thereto to be issued insuring Purchaser. If Purchaser desires Seller to furnish Purchaser with a Commitment “without the standard survey exceptions,” Purchaser shall be responsible to obtain a survey within ninety (90) days of the Date of this Offer and verify that said survey is sufficient to allow the Title Company to issue such a Commitment. Once said survey is obtained and accepted by Seller, the legal description in the survey shall update Exhibit A and become the legal description of the Premises. Upon Closing, Seller shall pay for and order a title insurance policy consistent with the Commitment which Seller shall have updated to the date of Closing. 3. In the event of default of the terms and conditions of this Offer by the Purchaser hereunder, the Seller may, at its option, elect to enforce the terms hereof by specific performance or declare a breach hereunder, terminate this Offer and retain the Earnest Money Deposit as liquidated damages. 4. In the event of default of the terms and conditions of this Offer by the Seller hereunder, the Purchaser may, at its option, elect to enforce the terms hereof by specific performance or demand, and be entitled to, an immediate refund of its entire Earnest Money Deposit in full termination of this Offer. 5. If written objection to the title is made within five (5) days of delivery of the Commitment, that the title is not in the condition required for performance hereunder, the Seller shall have thirty (30) days from the date it receives notice in writing of the particular defects claimed either to: (1) remedy the title defects set forth in said written notice, although Seller shall have no obligation to

- 2 -

cure or to obtain insurance over such defects, or (2) refund the Earnest Money Deposit in full termination of this Offer. Notwithstanding the above, Purchaser may, at any time during the thirty (30) day cure period, waive the conditions of this Paragraph 5 and accept the title in its “As Is” condition. If the Seller is able to remedy such defects within the time specified as evidenced by written notification, a revised Commitment or endorsement to the Commitment, the Purchaser agrees to complete the sale within ten (10) days of receipt thereof or upon the Closing date set forth in Paragraph 13. 6. All special assessments which have been levied and due and payable upon the Premises as of the Date of this Offer shall be paid by the Seller. All special assessments which are levied and due and payable after the Date of this Offer shall be paid by the Purchaser. All real property taxes on the Premises shall be prorated and adjusted as of the date of Closing in accordance with DUE DATE basis of the municipality or taxing unit in which the Premises is located, under the assumptions that taxes are paid in advance and that summer and winter taxes are due and payable July 1 and December 1 respectively. Water and other utility bills shall be prorated and adjusted as of the date of Closing. The Seller shall be responsible for the payment of any applicable transfer taxes associated with this transaction and the Purchaser shall be responsible for all applicable recording fees, including, but not limited to, the fees required for recording the Warranty Deed. Other Closing costs will be split equally between Purchaser and Seller and reflected on the final Closing Statement. 7. It is understood that this Offer is irrevocable for forty five (45) days from the date hereof. If this Offer is accepted by the Seller, the Purchaser agrees to complete the purchase of the Premises within the time indicated in Paragraph 13. 8. Within three (3) business days of the Date of this Offer, Purchaser shall deposit the sum of Twenty Five Thousand and 00/100 ($25,000.00) Dollars (the “Earnest Money Deposit”) to be held by the Seller and applied to the Purchase Price if the sale is consummated. The Seller shall not be responsible to the Purchaser for any interest associated with the subject Earnest Money Deposit. 9. The covenants herein shall bind and inure to the benefit of the executors, administrators, successors and assigns of the respective parties. 10. This Offer and all of Purchaser’s obligations hereunder are contingent upon all of the following: A. Purchaser’s satisfaction with the Premises following Purchaser’s testing,

analysis, inspection and evaluation of the Premises (“Purchaser’s Evaluations”). Purchaser shall have ninety (90) days after the Date of this Offer (“Inspection Period”) in which to conduct such investigations, evaluations and testing of the Premises (both above ground and below ground) as Purchaser deems appropriate in order to determine if the Premises are satisfactory and suitable for Purchaser’s intended use and enjoyment. Purchaser’s Evaluations may include, but shall not be limited to: (i) a physical inspection of all aspects of the Premises; (ii) an environmental analysis and investigation of the Premises; (iii) an analysis of the availability of any federal, state or local tax abatements or property tax reductions

- 3 -

for the Premises; (iv) a verification that there are no existing special assessments affecting the Premises; (v) investigating the availability and condition of utility and sewage services and systems including, but not limited to, gas, water, electricity, sanitary sewer, storm sewer and telephone services and systems; (vi) making soil tests, borings and other engineering, environmental and architectural tests and evaluations; (vii) reviewing and analyzing all applicable building and use restrictions, zoning ordinances, building codes and all other federal, state and local statutes, codes, ordinances, rules and regulations relating to the ownership, development or use of the Premises; and (viii) analyzing the results of any survey. Upon completion of Purchaser’s Evaluations, Purchaser shall, at its sole cost and expense, restore the Premises to a condition as good as its condition prior to such Evaluations. During the term of the Inspection Period and at all times prior to Closing, Purchaser, its employees, agents, representatives, engineers, inspectors and surveyors (collectively “Representatives”), shall have the right of access to the Premises at all times for the purposes of performing Purchaser’s Evaluations provided Purchaser has executed the attached Release and marked as Exhibit C and obtained such a Release from its Representatives. Purchaser shall indemnify, defend and hold Seller free and harmless from and against any liability arising therefrom except as caused by the acts or omissions of Seller or Seller’s agents and employees.

B. In the event that Purchaser is dissatisfied with the results of Purchaser’s

Evaluations and Purchaser has notified Seller in writing prior to the expiration of said Inspection Period, Purchaser shall have the option to rescind and terminate this Offer without penalty or liability, and Seller shall return all of Purchaser’s Earnest Money Deposit paid as of that time, provided that Purchaser delivers to the Seller, free of charge, a copy of, in both electronic and hard copy formats, any and all documents, engineering plans, construction drawings, reports, assessments, surveys or site plans and any other work product prepared by, or on behalf of, Purchaser in accordance with this Paragraph 10 or for the development of the Premises (the “Documents”) and shall represent and warrant to the Seller that upon delivery of the Documents that the Documents are assigned to Seller and/or the Seller has permission from any and all other preparers of the Documents, to use the same in connection with the Premises. All of Purchaser’s Evaluations shall be performed at the Purchaser’s sole cost and expense. At any time during the Inspection Period, Purchaser may elect to purchase the Premises for the Purchase Price, less the Earnest Money Deposit, by notifying the Seller in writing, and the Closing shall take place in accordance with Paragraph 13.

C. At the expiration of the Inspection Period, there will be one (1) ninety (90) day extension period available to Purchaser (“Extension Period”). At the commencement of the Extension Period, the Earnest Money Deposit shall become non-refundable to Purchaser, but shall be applied toward the Purchase Price in the event of Closing. This Extension Period shall be deemed automatically exercised by Purchaser unless Purchaser shall give written notice to Seller prior to the expiration of the Inspection Period, that Purchaser is electing its right to terminate this Offer. If Purchaser elects to exercise the Extension Period, Purchaser agrees to

- 4 -

waive all contingencies enumerated in Paragraphs 10(A) and (B) above, except that Purchaser may solely use the Extension Period in which to continue to pursue all necessary governmental approvals from the City of Troy or other governmental entities having jurisdiction over the Premises (hereinafter collectively referred to as the “Governmental Approvals”). Purchaser shall use its best efforts to obtain all necessary Governmental Approvals and agrees to commence the Governmental Approvals process and apply for all necessary Governmental Approvals within thirty (30) days of the Date of this Offer. As part of these Governmental Approvals, Purchaser agrees that it shall secure, at its sole cost and expense, all necessary site plans and other engineering drawings and documentation necessary for the Purchaser to submit to the City of Troy or other governmental agencies having jurisdiction over the Premises to obtain the Governmental Approvals. In the event all Governmental Approvals have not been secured prior to the expiration of the Extension Period, Seller and Purchaser agree that if the Purchaser does not obtain the Governmental Approvals within the Extension Period, Purchaser may terminate this Offer and if terminated, Purchaser shall be entitled to a return of its Earnest Money Deposit, provided Purchaser shall provide to Seller, free of charge, the Documents referenced in Paragraph 10(B) above. D. Seller shall be obligated to obtain the approval and consent of the City of Troy to split the Premises from the approximately 70.647 +/- acre parent parcel and obtaining a new Sidwell number for the Premises (the “Lot Split”).

E. PURCHASER ACKNOWLEDGES THAT ONCE THE INSPECTION PERIOD AND THE EXTENSION PERIOD, IF ANY, EXPIRE PURCHASER HAS ACCEPTED THE PREMISES PURSUANT TO THIS PARAGRAPH AND PURCHASER TAKES THE PREMISES “AS IS”. EXCEPT AS PROVIDED IN PARAGRAPHS 11 AND 12 BELOW, SELLER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO, EXTERIOR (E.G., SOIL, SURFACE WATER AND GROUNDWATER) CONDITIONS OF THE PREMISES, EASEMENTS, BUILDING AND USE RESTRICTIONS, AVAILABILITY OF UTILITIES, OR ANY OTHER MATTER CONTEMPLATED IN THIS PARAGRAPH 10, AND THAT PURCHASER ASSUMES ALL RESPONSIBILITY FOR ANY INJURIES, CONDITIONS OR DAMAGES CAUSED BY ANY SUCH MATTERS UPON TRANSFER OF TITLE. EXCEPT AS SPECIFICALLY PROVIDED IN THIS OFFER, UPON CLOSING, PURCHASER WAIVES AND RELEASES SELLER FROM ALL CLAIMS OR CAUSES OF ACTION THAT PURCHASER MAY NOW OR HEREAFTER HAVE, KNOWN OR UNKNOWN, AGAINST SELLER RELATING TO THE PREMISES, THIS OFFER OR ARISING UNDER ANY FEDERAL, STATE, OR LOCAL LAW, REGULATION, ORDINANCE, OR CODE THAT RELATES TO THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PREMISES.

- 5 -

11. Seller represents and warrants, and this representation shall survive the Closing for a period of six (6) months only, that, to the best of its present knowledge, without any independent inquiry, investigation or testing for Hazardous Materials or any other matter:

A. The Premises are free of Hazardous Materials to the extent that any such presence of Hazardous Materials would have a material adverse effect on the Premises, Purchaser understands and acknowledges that Seller has not conducted, nor shall Seller be obligated to conduct, Phase I or Phase II investigations of the Premises. “Hazardous Materials” shall mean (i) any hazardous or regulated substance as defined by Environmental Laws (ii) any other pollutant, contaminant, hazardous substance, solid waste, hazardous material, radioactive substance, toxic substance, noxious substance, hazardous waste, particulate matter, airborne or otherwise, chemical waste, medical waste, crude oil or any fraction thereof, radioactive waste, petroleum or petroleum-derived substance or waste, asbestos, PCBs, radon gas, all forms of natural gas, or any hazardous or toxic constituent of any of the foregoing, whether such substance is in liquid, solid or gaseous form, or (iii) any such substance the release, discharge or spill of which requires activity to achieve compliance with applicable law. “Environmental Laws” shall mean all federal, state and local environmental laws, including, but not limited to, The Hazardous Materials Transportation Act, (47 USC §§ 1801 et seq.), Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) ("Clean Water Act"), the Resource Conservation & Recovery Act (42 U.S.C. §§ 6901 et seq.) ("RCRA"), Safe Drinking Water Act (42 U.S.C. §§ 300f-j-26), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.) ("CERCLA"), the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et seq. ("EPCRA"), the administrative rules and regulations promulgated under such statutes, or any other similar federal, state or local law or administrative rule or regulation of similar effect, each as amended; and B. Seller has not used the Premises for the purpose of using, generating, manufacturing, transporting, treating, storing, processing, disposing, discharging, emitting or releasing Hazardous Materials, except for Hazardous Materials which are used in the ordinary course of the Seller’s business in a manner which is in material compliance with Environmental Laws.

12. Seller represents and warrants that to the best of its present knowledge there are no judicial or administrative proceedings pending or threatened against the Premises and Seller is not aware of any facts which might result in any action, suit or other proceedings 13. If this Offer is accepted by Seller and if Title can be conveyed in the condition required within this Offer, Purchaser agrees to complete the sale and close within ten (10) days of the later of the satisfaction of the conditions listed in Paragraph 10 of this Offer or delivery of the Commitment to Purchaser (the “Closing”). By the execution of this instrument the Purchaser acknowledges the receipt of a copy of this Offer. The Closing of this sale shall take place at the office of Clark Hill PLC, or as otherwise agreed to by the parties.

- 6 -

14. Purchaser shall indemnify, defend and hold Seller including its Board of Education (in their official and individual capacities), administrators, employees and agents, harmless from any claims, suits, damages, costs, injuries, losses and any expenses resulting and arising from and out of Purchaser’s or their officers, directors, agents and/or employees’ occupancy, possession, use, evaluations and ownership of the Premises herein during the time this Offer is in existence except for such matters arising from the acts or negligence of Seller or Seller’s agents and employees. 15. Seller acknowledges that it has retained the services of Great Northern Consulting Group in negotiating the sale of the Premises and Seller acknowledges its responsibility to pay Great Northern Consulting Group any fees associated with Great Northern Consulting Group’s participation in this transaction. Seller further represents and warrants that no other broker or real estate agency is involved in the negotiation or consummation of this transaction. Purchaser warrants and represents to Seller that it is not obligated to pay any fee or commission to any broker or real estate agency in the negotiation or consummation of this transaction. To the extent permitted by law, each party agrees to indemnify and defend the other and hold the other harmless from any expense, claim or cause of action arising out of the breach of the foregoing warranty. 16. From and after the Date of this Offer, Purchaser shall not initiate a zoning change or other proceeding affecting the Premises or do anything else which may tend to jeopardize or lessen Seller’s interest in or the condition of the Premises without first obtaining prior written consent from Seller. If Seller approves of any such zoning change or proceeding affecting the Premises, Purchaser shall keep Seller informed of the progress of any such zoning change or proceeding and supply Seller with copies of any and all relevant approvals and documents applicable to such zoning change and/or proceeding. 17. For the purposes of the transaction contemplated by this Offer, the “Date of this Offer” is the date of acknowledgment of the signature of the last party to sign this Offer. Once the Seller accepts Purchaser’s Offer, this Offer To Purchase Real Estate shall hereinafter be referred to as the “Offer.” 18. Whenever in this Offer it is provided that notice must be given or an act performed or payment made on a certain date, and if such date falls on a Saturday, Sunday or holiday, the date of the notice of performance or payment shall be the next following business day. 19. No waiver of any of the provisions of this Offer shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. This Offer shall be governed by and construed in accordance with the laws of the State of Michigan regardless of whether any party may or hereafter become domiciled in another state. Venue shall be Oakland County, Michigan. 21. This Offer may be executed in one or more counterparts, all of which together will for all purposes constitute one agreement binding upon the parties. This Offer may be executed by the parties and may be effective when sent by facsimile.

- 7 -

22. This Offer along with all attachments constitutes the entire agreement of the parties regarding the subject matter herein and supersedes and terminates any and all prior or contemporaneous agreements, representations, understandings or dealings between the parties, either oral or written. This Offer may be amended only by a writing signed by the parties. 23. Notwithstanding anything contained herein to the contrary, Purchaser, at its sole cost and expense, shall be obligated to develop and use the Premises in accordance with the planned use and concept attached hereto and made a part hereof as Exhibit D (the “Concept Plan”). The Concept Plan, subject to municipal approval, is an indication of what Purchaser intends to develop and may be only altered based on municipal feedback and requirements as well as reasonable value engineering. To ensure Purchaser’s development of the Premises in accordance with the Concept Plan, Purchaser shall provide Seller with copies of any and all documents that it plans to submit to the City of Troy or any other governmental agency having jurisdiction over the Premises at least ten (10) days prior to such submission to allow Seller the opportunity to review such documents for compliance with this Paragraph and this Offer. These obligations of Purchaser shall survive the Closing. If the Concept Plan is modified substantially by the Purchaser, the Seller shall have a right to approve the modified concept plan or terminate this Offer and retain the Earnest Money Deposit. 24. Seller acknowledges receipt from the Purchaser of the Earnest Money Deposit above mentioned which will be returned forthwith if the foregoing Offer is not accepted within the time above set forth.

PURCHASER:

By: Its: Date: SELLER: TROY SCHOOL DISTRICT By: Its: Superintendent Date:

EXHIBIT A

LEGAL DESCRIPTION

Land situated in the City of Troy, Oakland County, Michigan, and described as follows:

PART OF THE SOUTHWEST ¼ OF SECTION 1, TOWN 2 NORTH, RANGE 11 EAST, CITY OF TROY, OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88 DEGREES 30 MINUTES 57 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 1, 1310.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 14 MINUTES 37 SECONDS WEST ALONG THE EAST LINE OF CHESAPEAKE GROVE, OAKLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 1827, AS RECORDED IN LIBER 40338, PAGE 751, OAKLAND COUNTY RECORDS, 326.81 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 54 SECONDS EAST, 384.58 FEET; THENCE NORTH 32 DEGREES 20 MINUTES 18 SECONDS EAST, 121.26 FEET; THENCE NORTH 84 DEGREES 02 MINUTES 57 SECONDS EAST, 153.43 FEET; THENCE SOUTH 83 DEGREES 40 MINUTES 36 SECONDS EAST, 249.74 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 29 SECONDS WEST, 415.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 1; THENCE NORTH 88 DEGREES 30 MINUTES 57 SECONDS WEST 841.77 FEET TO THE POINT OF BEGINNING.

Sidwell Nos: 20-01-300-016

EXHIBIT B

WARRANTY DEED

This Indenture, made the ____ day of _______, 201__ between TROY SCHOOL DISTRICT (hereinafter called the “Grantor”), whose address is 4400 Livernois Road, Troy, Michigan 48098, and __________________________________________________, (hereinafter called Grantee”), whose address is ________________________________________________________________. The Grantor hereby conveys and warrants to the Grantee the following described premises situated in the City of Troy, Oakland County, Michigan, described as: PART OF THE SOUTHWEST ¼ OF SECTION 1, TOWN 2 NORTH, RANGE

11 EAST, CITY OF TROY, OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88 DEGREES 30 MINUTES 57 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 1, 1310.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 14 MINUTES 37 SECONDS WEST ALONG THE EAST LINE OF CHESAPEAKE GROVE, OAKLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 1827, AS RECORDED IN LIBER 40338, PAGE 751, OAKLAND COUNTY RECORDS, 326.81 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 54 SECONDS EAST, 384.58 FEET; THENCE NORTH 32 DEGREES 20 MINUTES 18 SECONDS EAST, 121.26 FEET; THENCE NORTH 84 DEGREES 02 MINUTES 57 SECONDS EAST, 153.43 FEET; THENCE SOUTH 83 DEGREES 40 MINUTES 36 SECONDS EAST, 249.74 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 29 SECONDS WEST, 415.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 1; THENCE NORTH 88 DEGREES 30 MINUTES 57 SECONDS WEST 841.77 FEET TO THE POINT OF BEGINNING.

Together with all tenements, hereditaments, appurtenances and improvements thereunto belonging or in any way appertaining for the sum of _________________________ and 00/100 ($_________) Dollars paid to the Grantor. Subject to: 1. Easements and building and use restrictions, if any; 2. Rights of the public, and any governmental authority in any part of the land taken, deeded, or used as a street, road or highway; and

3. Restrictions imposed by zoning ordinances or as part of a general plan.

Grantor grants to Grantee the right to make all applicable divisions under Section 108 of the Michigan Land Division Act, being Act No. 288 of the Public Acts of 1967, as amended. This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors and other associated conditions may be used and are protected by the Michigan Right to Farm Act. IN WITNESS WHEREOF, the Grantor has hereunto set his hand the day and year first above written. GRANTOR: TROY SCHOOL DISTRICT By:________________________________________ Its:________________________________________ STATE OF MICHIGAN ) )SS COUNTY OF OAKLAND ) On ____ day of __________, 201__, before me, the undersigned notary public in and for said County, personally appeared_____________________, ______________________________of Troy School District, to me known to be the same person who executed the within instrument on behalf of Troy School District, and who acknowledges the same to be the free act and deed of Troy School District. ____________________________________ , Notary Public County, Michigan Acting in ______________________ County My commission expires: This Instrument Drafted By: When Recorded Return to: Dana L. Abrahams, Esq. Grantee CLARK HILL PLC 151 S. Old Woodward Ave., Suite 200 Birmingham, MI 48009 Recording Fee: ____________ Transfer Tax: Exempt pursuant to MCLA 207.505(h)(i) and 207.526(h)(i) Sidwell Nos: 20-01-300-016

EXHIBIT C

RELEASE AND HOLD HARMLESS

The undersigned, in consideration of the permission of TROY SCHOOL DISTRICT

(“Owner”) to enter upon the Premises owned by the Owner for purposes of inspecting the subject

Premises in the furtherance of the undersigned’s relationship with any prospective purchaser of real

property of the Owner, does hereby release and hold the Owner harmless from any and all damages,

losses, liabilities, expenses, costs (including attorney fees) and claims incurred by the undersigned

resulting in any way from the undersigned’s entering upon and inspecting any real property owned

by the Owner except as may arise from the acts or omissions of Owner or Owner’s agents or

employees.

WITNESSES: ______________________________ _______________________________________

EXHIBIT D

PURCHASER’S CONCEPT PLAN

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below-named prospective purchaser (the “Purchaser”), pursuant to the compliance certification requirement provided in the Troy School District’s (the “School District”) Request For Proposals To Purchase Real Property (the “RFP”), hereby certifies, represents and warrants that the Purchaser (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Purchaser is awarded a contract as a result of the aforementioned RFP, the Purchaser will not become an “Iran linked business” at any time during the course of performing any services under the contract.

The Purchaser further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

PURCHASER:

Name of Purchaser

By:

Its:

Date:

STATE OF ) )ss. COUNTY OF ____________ ) This instrument was acknowledged before me on the _____ day of ____________, 2018, by

__________________________.

_______________________________________

, Notary Public

______________ County, _________________

My Commission Expires:__________________

Acting in the County of :___________________

219680810.1 21968/313532