PUD Ordinance -
Briarcliff Acres #13 of 1993
CASCADE CHARTER TOWNSHIP
ORDINANCE #13 OF 1993
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE BRIARCLIFF ACRES SITE CONDOMINIUM
PLANNED UNIT DEVELOPMENT PROJECT
CASCADE CHARTER TOWNSHIP ORDAINS:
Section I. An Amendment to the Cascade Charter Township Zoning
Ordinance
That the application received from Robert Somerville or his assigns
(hereinafter referred to as the "Developer") for Planned Unit
Development designation for the proposed Briarcliff Acres Site
Condominium Project (hereinafter referred to as the "Premises" was
recommended by the Cascade Charter Township Planning Commission for
approval on August 2, 1993. The Premises are recommended for rezoning
from R1, Residential to PUD, Planned Unit Development permitting site
condominiums, thereby requiring this amendment to the Cascade Charter
Township Zoning Ordinance and Zoning Map to incorporate the Planning
Commissions recommendation and the Cascade Charter Township Board of
Trustees action on August 25, 1993.
Section II. Legal Description
The legal description of the Premises is as follows:
That part of the NW Ό of Section 3, T6N, R10W, Cascade Township,
Kent County, Michigan, described as: Commencing at the NW corner of
Section 3; thence S 00 degrees 5408" W 325.60 feet along the West
line of Section 3; thence S 89 degrees 56E 420.06 feet along the
South line of the North 325.60 feet of said NW Ό to the PLACE OF
BEGINNING of this description; thence S 89 degrees 56 E 530.0 feet
along said South line; thence S 00 degrees 5330"W 890.26 feet to the
Northeasterly line of Briarcliff Drive (60 wide); thence N 50 degrees
0927"W 346.62 feet along said Northeasterly line; thence
Northwesterly 171.77 feet along said Northeasterly line on a 338.97
foot radius curve to the left, the chord of which bears N 64 degrees
4028" W 169.94 feet; thence N 79 degrees 1130" W 107.27 along said
Northeasterly line; thence N 00 degrees 5330"E 575.96 to the place
of beginning. This parcel contains 8.461 Acres. Subject to an easement
for private airplane runway over the Northerly 150 feet thereof.
Section III. General Provisions
The following provisions shall hereby apply to the aforementioned
Premises in addition to those Provisions outlined in Chapter 16 of the
Cascade Charter Township Zoning Ordinance (Ordinance No. 11 of 1988).
Section IV. Purpose
The Premises occupies 8.46 acres of land that is proposed to be
developed into a site condominium project containing six (6) building
sites. The site condominium technique has been chosen by the Developer
and the eventual owners of each condominium unit to provide more
control over the development aesthetics and appearance. The technique
also provides the Developer with the ability to develop the Premises
in a manner to meet market expectations where more traditional
mechanisms such as creating land subdivisions fail.
The regulations contained herein are established to define the
procedures necessary to insure high quality development on the
Premises. Additionally, they are designed to achieve integration of
this development with adjacent land uses.
The provisions of this ordinance are not intended as a substitute
for the Cascade Charter Township Zoning Ordinance and General
Development Plan, nor do they in any way relieve the Developer from
obtaining all approvals and permits required by the township except as
provided herein. In the event that a development issue or site plan
element is not addressed by this Ordinance, the specifications and
requirements of the Cascade Charter Township Zoning Ordinance shall be
enforced.
Section V. Permitted Uses
The permitted uses for the Briarcliff Acres Site Condominium
Project are as follows:
Single family residences
Accessory buildings customarily incidental to a single family
residence (subject to the provisions of Section 4.08 and 4.09 of
the Cascade Township Zoning Ordinance, as may be amended).
Section VI. Design Guidelines and Requirements
The development of all permitted uses within the Premises shall
conform to the following design standards.
A. Maximum Number of residential Units The maximum number of
single-family detached site condominium within the Premises shall
be limited to six (6) units.
B. Maximum Height The maximum building or structure height
erected on the Premises shall not exceed thirty-five (35) feet or
two and one-half (2-1/2) stories, whichever is lesser.
C. Minimum Floor Area Each site condominium unit shall
contain a minimum of 2,000 square feet of finished livable area
above grade level, exclusive of the garage, decks, porches, and
breezeways.
D. Minimum Setback Requirements All buildings and structures
(except signs) shall meet the following minimum setback
requirements.
Front Yard Setback 35 feet from the front yard area line
Front Yard Averaging Where the average front yard setback of
two (2) or more condominium units within two hundred (200) feet of
the site in question and on the same side of the street is greater
than the minimum front yard setback prescribed by this Ordinance,
then the required front yard setback of such unit shall not be
less than the average existing front yard setback of such
buildings.
Side Yard Setback 10 feet minimum from the side yard area
line for one side and 25 feet minimum with both sides combined.
Rear Yard Setback 25 feet from the rear yard area line.
E. Minimum Parking Requirements Each site condominium
dwelling unit shall have a minimum of two (2) enclosed off street
parking spaces.
F. Stormwater Drainage All proposed stormwater drainage
facilities shall be reviewed and approved by the Township Engineer
and the Kent County Drain Commission prior to the development of
the Premises.
G. Signs Signs for the Premises shall conform with Section
6.02 of the Cascade Charter Township Sign Ordinance (Ordinance 12
of 1988).
H. The Developer, or any future condominium lot owner, shall
provide the Township with written approval from the Kent County
Health Department stating that the lot is capable of sustaining an
on-site septic system and well (assuming public utilities are not
available at the time) prior to the application for a building
permit from the Township Building Inspector.
Specific controls relating to architectural elements,
construction materials, size and space requirements, improvements
and out buildings, specific prohibitions and rules of conduct
shall be governed by "Use Restrictions" for the Premises. These
restrictions shall become a part of this ordinance with the
document labeled and attached in the following manner: "Attachment
A Use Restrictions."
With respect to the common elements of the proposed
development, all maintenance, repair and replacement thereof shall
be in accordance with the Premises description of common elements.
This description shall become a part of this ordinance with the
document labeled and attached in the following manner: "Attachment
B Common Elements".
Section VII. Site Condominium Plans
A. The Premises shall be developed in accordance with the site
plan approved by the Township Board and signed by the Township
Supervisor. The site plan shall indicate where each condominium
unit will be located and provide appropriate measurements
demonstrating compliance with Section 16.11(2) of the Zoning
Ordinance. Engineering plans and/or documents relating to
utilities, topography, drainage, and the survey of the Premises
shall be reviewed and approved by the Township Engineer. Approval
of these documents shall be based upon their meeting the
requirements of Section 16.11(4) of the Zoning Ordinance and
meeting recognized, acceptable engineering standards and
practices. Once it has been determined that the plans have met
Township requirements, the Township Engineer shall sign and mark
these plan documents "Approved" and forward them to the Developer.
Only approved plan documents shall be recorded with the
appropriate county or state agencies.
B. The number of building sites may be reduced or consolidated
within the Premises upon review and approval of the Township
Planning Director. The proposed changes to the site/survey plan to
reduce or consolidate building sites shall be reviewed by the
Planning Director to insure compliance with the Cascade Charter
Township Zoning Ordinance and this ordinance. Once approved by the
Planning Director, the amended site/survey plan shall then be
recorded with the Kent County Register of Deeds Office and the
appropriate state agencies by the developer at his cost. A copy of
the registered site/survey plan shall be forwarded to the Township
Planning Director, so that accurate files regarding the
development can be maintained.
Section VIII. Temporary Buildings
No structure of a temporary nature: trailer, tent, or construction
shack shall be constructed, placed or maintained within the Project
except accessory to and during construction of a permanent building or
infrastructure improvement.
Section IX. Utilities
A. The Developer shall provide all necessary easements within
the Premises for telephone, electricity, gas and cable television
to the appropriate utility provider without cost. The Developer
shall also provide to the Township an easement(s) for future sewer
and water service to serve the Premises. In the event the township
requires additional sewer and water service easements in the
future, the Developer shall provide them at all reasonable
locations. Said easements shall be recorded with the Kent county
register of Deeds and provided to each utility provider for their
records.
B. The Developer shall be required to enter into a special
assessment agreement for the construction of sewer and water lines
to serve the Premises.
C. This agreement in as much as it deals with the establishment
of a Special Assessment District under Act 188 of 1954, as
amended, is not a waiver by any Developer or his assigns, of any
right to contest the confirmation of any special assessment roll
as provided in the Act.
Section X. Private Street
A. The Developer shall submit a street construction,
maintenance and pavement plan consistent with Section 16.11(4)(f)
of the Zoning Ordinance. The Developer may establish a private
road to serve the Premises provided the road is built to the
following specifications:
1. The road grades shall meet with the approval of the
Township Engineer. Said grades shall be sufficient to allow
for safe ingress/egress of emergency vehicles.
2. The cul-de-sac within the Premises shall meet the
specifications of the Township Engineer.
3. The private road shall be sufficiently drained to
prevent stormwater runoff from causing soil erosion or
trespass onto adjoining property.
4. The private road shall be posted with a street sign
stating the street name. This sign shall be consistent with
Kent County Road Commission standards and requirements and
shall be installed at Developer cost.
5. A clear vision triangle shall be established by the
developer to insure safe turning movements to and from the
Premises. This "clear vision triangle" shall be developed to
the specifications established by the Kent County Road
Commission.
6. Complete maintenance of the private road shall be the
responsibility of the condominium association.
7. The private road shall intersect the public road only at
a 90 degree angle.
B. No combustible building materials may be erected on the
property until a temporary access road is constructed to within
100 feet of the furthest point of a structure. Such road shall be
a minimum of 18 feet wide and able to support 20 tons on a single
axle with dual wheels and standard road tires.
Section XI. Effective Date
This Ordinance shall become effective upon publication in The Grand
Rapids Press, a newspaper of general circulation within Cascade
Charter Township.
The foregoing Ordinance was offered by Board Member Henning,
supported by Board Member Hansen. The roll call vote being as follows:
YEAS: Carpenter, Hansen, Henning, Johnson, Julien, VanStrien
NAYS: None
ABSTAIN: None
ABSENT: Boonenberg
Brenda J. Henning
Cascade Charter Township Clerk
CERTIFICATION
I hereby certify the foregoing to be a true copy of an Ordinance
adopted at a Regular Meeting of the Cascade Charter Township Board on
the 25th day of August, 1993.
Brenda J. Henning
Cascade Charter Township Clerk

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