(A) Boundaries of the development area in relation to highways, streets, streams or otherwise. The boundaries of the development area are the same as the district boundaries of the Downtown Development Authority, as previously adopted by §§ 154.01 through 154.20, as amended. For a map of the boundaries, see Map 1 attached to the ordinance codified herein.
(B) The location and extent of existing streets and other public facilities and present and future public and private uses within the development area and a legal description of the development area. The development plan, as amended proposes the change of the designation of land uses as those stated herein of the township's DDA development plan and tax increment financing plan as amended or modified in the future by resolution of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto.
(C) A description of existing improvements to be demolished, repaired or altered in the development area, as amended and an estimate of the time for completion.
(1) Finish realignment and reconstruction Davis Road. Estimated time to complete: 50 years from March 31, 2014; and
(2) Any existing improvement to be demolished, repaired or altered in the development area and the estimated time for completion, as identified herein, as amended or modified in the future by resolution of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto.
(D) Location, extent, character and estimated costs of improvements contemplated for completion. The following is proposed:
(1) Land use and traffic study of development area with a particular emphasis on the need for improved traffic circulation within the development area. Estimated time to complete: 50 years from March 31, 2014; estimated cost: cannot be determined at this time;
(2) Negotiation and acquisition of easements sufficient to make road improvements as indicated by (1) above. Estimated time to complete: 50 years from March 31, 2014; estimated cost: cannot be determined at this time;
(3) Implementation of additional road system and traffic improvements within the district and maintain such additional roads and traffic improvements. Estimated time to complete: 50 years from March 31, 2014; estimated cost: cannot be determined at this time. Costs of and time to complete other public improvements will be estimated as they are contemplated;
(4) Construction, repairing, replacing and maintaining and/or improving public utilities within the district or as authorized by the Act, including, but not limited to:
(a) Improving lighting and landscaping;
(b) Constructing streetscapes;
(c) Constructing multi-use paths;
(d) Constructing sidewalks; and
(e) Creating a public park. Estimated time to complete: 50 years from March 31, 2014; estimated cost: cannot be determined as this time.
(5) The purchase of or the aiding or assisting of “distressed properties” within the development area. For purposes of this plan, DISTRESSED PROPERTIES shall mean parcels of land which are in jeopardy of being sold for proposed development that is of a lesser character and quality than that which is desired for the development area, and existing buildings which are being utilized or which are proposed to be utilized for purposes less desirable than their initially approved purpose. Costs of the purchase or the aiding or assisting of distressed properties and time to complete the projects will be estimated as the projects are contemplated;
(6) The repair or replacement of public utilities or improvements which are inadequate or which are causing distress on parcels within the development area. Costs of the projects and time to complete the projects will be estimated as the projects are contemplated; and
(7) The locations, extent, character and estimated costs of additional improvements contemplated for the development area and estimated time for completion as indicated in Exhibit C.
(E) Stages of construction planned and estimated time to complete each stage. The stages of construction planned and the estimated time to complete each stage is indicated herein, as amended or modified in the future by resolution of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto.
(F) Description of any parts of development area to be left as open space and uses contemplated for the space. the development plan contemplates the designation of certain area(s) within the development area as “pocket parks”. At this time, the exact locations and/or size(s) of the park(s) cannot be determined. In addition, certain areas within the development area identified herein, as amended or modified in the future by resolution of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto, are identified as open space and discusses the contemplated use for the open space identified.
(G) Description of any portions of the development area which the Authority desires to sell, donate, exchange or lease to or from the township and the proposed terms. At this time, it is contemplated that the Authority will sell, donate, exchange or lease the “pocket park(s)” and other open space as identified herein, as amended or modified in the future by resolution of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto, to the township under terms and conditions which have not yet been determined.
(H) Description of desired zoning changes and changes in streets, street levels, intersections and utilities.
(1) Desired zoning changes. Within the DDA expansion area, the DDA desires that, as development occurs, zoning be changed in accordance with the township’s master plan.
(2) Desired changes in streets.
(a) The following desired street changes are included in the development plan, but are subject to Township Board’s approval: Tharldson Drive will be defined through the Bay Plaza Development. Davis Road will be improved from Hampton Place to the Consumers Energy easement. Kochville Road will be improved west of Bay Road.
(b) A number of streets will be added in the DDA expansion area through the course of this development plan, if approved by the Township Board. Fashion Square Boulevard will be extended to Pierce Road. Trautner Drive will be extended to the west for approximately one mile. A through route for Kabobel Drive will be extended to the west. A north/south connector road will be developed just west of Kokokmo Drive to connect Tittabawassee Road to the W. Trautner Drive extension. A north-south road will be connected to Bueker Drive and extend to Liberty Road. Liberty Road will be extended to the west to connect to the proposed north/south road. Bay Park Drive will be re-aligned and extended to the west to connect to the proposed north/south road. Loeffler Lane will be extended to the west to connect to the proposed north/south road. Ashley Drive will be extended to the west to connect to the proposed north/south road. Beattie Drive will be extended to the east to the proposed Fashion Square Boulevard extension. As development expands, additional access roads will be constructed in the mixed-use area, north of Loeffler Lane. Bus turn-outs will be added along M-84. Any other street will be added in the DDA district as deemed necessary by the DDA Board.
(3) Desired changes in street levels or intersections. As the roads described above are added to the development district, several new intersections will be created. Stop signs, traffic lights and other appropriate traffic control measures will be added as needed.
(4) Desired changes in utilities. Utilities along Tittabawassee Road will be relocated. Utilities on Bay Road will be buried. Water and sanitary sewer will be added on the Fashion Square Boulevard Extension. Water and sewer will be extended to the west end of the DDA District along Bueker Drive. Water and sewer will be extended along the proposed north/south road that connects Bueker Drive to Liberty Road. Utility lines will be buried as deemed necessary by the DDA Board. Infrastructure improvements such as water, sewer storm, sanitary sewer will be added or modified as deemed necessary by the DDA Board. Any new construction or any existing structure that is being reconstructed or modified where the cost of reconstruction or modification exceeds 50% of the taxable value that is located in the DDA district shall bury all utilities (electric, phone, gas, cable, water, sewer and the like) located on the property.
(I) Estimate of the cost of the development and a statement of the proposed method of financing the development and the ability of the Authority to arrange the financing. At this time, the Authority’s best estimate of the cost of the development set forth above is $60,265,000, plus the new amounts established herein, as amended or modified in the future by ordinance of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto. The moneys currently on deposit with the Authority are not sufficient to pay for the development. The Authority intends to apply for grants from public and/or private sources and to accept in-kind donations as they become available, to supplement the tax increment revenues available to finance the development set forth above. Notwithstanding the foregoing, the Authority will, in its discretion, with the approval of the governing body, levy an ad valorem tax pursuant to M.C.L.A. § 125.1662, not to exceed two mills on real and tangible personal property not exempt by law located within the development area. The Authority believes that as it begins work on the development plan set forth that tax values will increase and that the aforesaid millage together with the aforesaid grants and in-kind donations will supplement the tax increment financing which in turn will make financing possible. The Authority may also issue revenue bonds or utilize any other legal method of financing to pay for all or a part of the development set forth above.
(J) The procedures for bidding for the leasing, purchasing or conveying in any manner of all or a portion of the development upon its completion, if there is no express or implied agreement between the authority and persons, natural or corporate, that all or a portion of the development will be leased, sold, or conveyed in any manner to those persons: does not apply at this time.
(1) At this time, all bidding for the leasing, purchasing or conveying in any manner of all or a portion of the development upon its completion, if there is no express or implied agreement between the Authority and person, natural or corporate, that all or a portion of the development will be leased, sold or conveyed in any manner to those persons shall be approved by the DDA Board and the Township Board.
(2) If, in the future, the DDA Board desires to, the DDA Board shall develop procedures for bidding. Any procedures established by the DDA Board shall include language that the Township Board shall have the authority to approve or deny the lease, sell or conveyance.
(K) Designation of the person or persons, natural or corporate, to whom all or a portion of the development is to be leased, sold or conveyed in any manner and for whose benefit the project is being undertaken if that information is available to the Authority.
(1) At this time, there will be no person or persons, natural or corporate, to whom all or any portion of the development is to be leased, sold or conveyed in any manner.
(2) The DDA Board reserves the right to lease, sell or convey property to person or persons, or corporation that is deemed to be in the best interest of the DDA district or that promotes economic growth and development. However, the DDA shall not lease, sell or convey property to any organization or corporation that is considered to be a tax exempt or non-profit organization or corporation, unless approved by the Township Board.
(3) To ensure conformity with the master plan, zoning, Cardinal Square requirements and other township regulations, the DDA shall not lease, sell or convey property to person or persons, or corporations without the approval of the Township Board.
(L) Estimates of number of persons residing in the development area and number of families and individuals to be displaced. The estimated number of persons residing in the development area are stated herein, as amended or modified in the future by resolution of the governing body and attached to the ordinance codified herein as Exhibit B and is incorporated by reference hereto.
(M) Plan for establishing priority for the relocation of persons displaced by the development in any new housing in the development area. The development plan does not contemplate the displacement of any persons by the development. Therefore, a plan for establishing priority is not being established at this time.
(N) Provision for costs of relocating persons displaced by the development and financial assistance and reimbursement of expenses in accordance with the standards and provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. For the reasons stated in division (L) above, no provision for costs of relocating persons displaced by the development and/or for financial assistance and reimbursement of expenses has been made.
(O) A plan for compliance with Pub. Act 227 of 1972, being M.C.L.A. §§ 213.321 to 213.332. For the reasons stated in division (L) above, no provision has been made for relocation assistance advisory services for displaced persons.
(P) Empowerment to use funds. The development plan contemplates that the Authority shall be empowered to use funds received by it from whatever source, including, but not limited to, the tax increment financing plan specifically to:
(1) Administer the Authority including the hiring of staff, legal counsel, certified public accountants and other professional assistance, as deemed necessary and appropriate by the Authority in accordance with the tax increment financing plan for the development area;
(2) Hire appropriate consultants, designers, engineers, legal counsel and the like for the purpose of implementing the development plan;
(3) Reimburse other units of local government for services performed in the furtherance of the development plan on an actual cost basis, including the cost of overhead;
(4) Fund the implementation and construction of the projects and services identified in the development plan; and
(5) Provide for the safety of individuals, business owners and businesses in the DDA district by providing law enforcement protection, fire protection and any other services that are public safety in nature.
(Ord. 89-6DDA, passed 5-1-1989; Ord. 93-4-DDA, passed 8-16-1993; Ord. 02-02-DDA, passed 5-21-2002; Ord. 06-05 (DDA), passed 2-21-2006; Ord. 06-09 (DDA), passed 7-21-2006; Ord. 09-03 (DDA), passed 9-15-2009; Ord. 14-10, passed 12-10-2014)