Town Hall Meeting: Proposed Extension of Sunset Drive Laura J. Genovich Attorney for City of Potterville 1700 E Beltline NE – Suite 200 Grand Rapids MI 49525 616.726.2238 lgenovich@fosterswift.com

Town Hall Meeting Overview History: 2008 Consent Judgment Proposed Road Extension Benefits of Road Extension Funding the Construction What Happens Next? Q & A

Aerial View

Consent Judgment Lawsuit filed in 2006: Independence Commons Ltd Partnership v City of Potterville et al, Case No. 1:06-cv-0867, in the United States District Court for the Western District of Michigan Lawsuit was about how Independence Commons could lawfully develop its vacant land in the City. About 75 acres was at issue, between existing Independence Commons manufactured housing development and Valley Springs development.

Consent Judgment Independence Commons wanted to expand development but City denied rezoning request that would allow additional mobile home units on the southern part of vacant parcel. Independence Commons sued the City for money damages and equitable relief.

Consent Judgment Lawsuit settled in 2008 with entry of “Consent Judgment” – an agreement with the force and effect of a court order, signed by judge. Provided: City and I.C. agreed that a road connecting Sunset Drive to M-100 was necessary. City can construct road subject to county/state approval (MDOT, DEQ, etc.). Construction can be financed by special assessment.

Consent Judgment Effect of Road Construction (per Consent Judgment): If the City fails to construct the road within 10 years after entry of the Consent Judgment (i.e., May 28, 2018), then I.C. can construct at least 50 additional units to the existing development (in addition to 110 already approved) and seek rezoning of the north parcel for possibly 259 more units. If the City does timely construct the road, then I.C. can instead develop up to 128 single-family homes on the north parcel. Will connect to City water/sewer. Site plan for these homes approved in Consent Judgment.

Road Requirements under Consent Judgment Consent Judgment specifies as follows for the road: Must be a 30’ green belt buffer on either side of the road. Must be a 3’ to 5’ meandering berm on either side of the road. Deciduous (3” caliper min.) or evergreen trees (min. 8-10 feet tall) must be planted at 30’ intervals. Six deciduous shrubs must be planted at intervals of 40’. Two curb cuts allowed on north side of I.C. property and one curb cut on the south side, for emergency access. For other parcels on road: max one curb cut per 500’ feet on each side. From M-100, must be a boulevard entry. Costs of these can be included in special assessment.

Site Plan for 128 Homes If road built: (Site Plan from Consent Judgment)

Proposed Location of Road

Proposed Location of Road

Rough Aerial Depiction

Benefits of Road Extension How will the road extension benefit property owners? Easier access to M-100, I-69, schools, and downtown. Easier access for City police, fire, and EMS

Benefits of Road Extension Other benefits: Fewer manufactured homes and more single-family homes with higher property values. Remember: if the road is not built, then Independence Commons can add mobile homes to the existing development and, potentially, a significant number to the north parcel, if rezoning is sought. If the road is build, then Independence Commons can instead develop(higher value) single family homes on the north parcel.

Funding the Construction How much will it cost to build the road and complete the related improvements? Current estimate: $1.6 million Who will pay for that? City investigating possible grants/low-interest loans from US Department of Rural Development. If the City builds the road, then the City anticipates paying for half the cost itself ($800,000). The other half of the cost would be spread across all of the properties benefited by the road, by the creation of a special assessment district.

Funding the Construction What is a special assessment district? A special assessment district (authorized by state law and the City’s charter and ordinances) allows the City to spread the cost of a public improvement across the properties benefited by the improvement. Will I get notice before I’m assessed? Yes. The City must provide you with notice by first-class mail and publication in the newspaper before approving the assessment.

Funding the Construction Will I have a chance to object or express my support in front of City Council? Yes. There will be one or more public hearings scheduled. You will receive notice of the date, time, and location of any hearing(s). How much will my assessment be? Current estimate for Sunset Hills homes is $3,200 per home over 20 years – so, $160/year, on your tax bill.

What Happens Next? If the City moves forward, the next step in the special assessment process will be to prepare some reports and adopt resolutions that make official decisions about the assessment, like which properties should be assessed and how much the City is paying. The City will then prepare a “roll” showing how much each parcel would pay. Then the City would schedule a public hearing and send notice to the owners of the assessed parcels.

What Happens Next? Also, even if the special assessment is approved by City Council, the City will still have to obtain all necessary approvals from the County Road Commission and the State of Michigan. Construction of the road must be completed by May 28, 2018.

Conclusion In sum: Extending the road will allow Sunset Hills residents to more conveniently access major thoroughfares, and it will allow for the development of single-family homes rather than more manufactured homes. Questions?

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