PUD Ordinance -
Centennial Business Center #3 of 1995
CASCADE CHARTER TOWNSHIP
Ordinance 3 of 1995
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE CENTENNIAL BUSINESS CENTER
PLANNED UNIT DEVELOPMENT PROJECT.
Cascade Charter Township Ordains:
Section 1. An Amendment to The Cascade Charter Township Zoning
Ordinance
The application received from Silveri Company or their assigns
(hereinafter referred to as the "Developer"), for Planned Unit
Development designation for the proposed Centennial Business Center
Project (hereinafter referred to as the "Project" or the "Premises")
was recommended by the Cascade Charter Township Planning Commission
for approval on February 21, 1995. The Project is recommended for
rezoning from PUD, Planned Unit Development to PUD, Planned Unit
Development permitting the development of three office buildings. This
action requires an amendment to the Cascade Charter Township Zoning
Ordinance and Zoning Map to incorporate the Planning Commission’s
recommendation and the Cascade Charter Township Board of Trustees’
action on March 22, 1995.
Section II. Legal Description
The legal description of the Project is as follows:
Lots 26, 27, 29, and 40, foremost Centennial Park No. 2 (Liber 76
of Plats, Pages 13-15, part of the NW ¼, Section 17, T6N, R10W,
Cascade Township, Kent County, Michigan.
Section III. General Provisions
The following provisions shall hereby apply to the Project, in
addition to those Provisions outlined in Chapter 16 of the Cascade
Charter Township Zoning Ordinance (Ordinance No. 11 of 1988, as
amended).
Section IV. Purpose
The Project occupies 11.9 acres of land that is vacant and wooded
with an apple orchard. The Project is proposed to be developed into a
series of three freestanding office buildings totaling 223,000 square
feet. The PUD technique has been chosen by the Developer to provide
more control over the Project’s aesthetics and appearance. This
development technique provides the Developer with the ability to
develop the Project in a manner to meet market expectations and to
develop the project in a unified manner. The regulations contained
herein are established to define the procedures necessary to insure
high quality development on the Project. Additionally, they are
designed to achieve integration of this development with adjacent land
uses.
Section V. Approval Limitations
The provisions of this Ordinance are not intended as a
substitute for the Cascade Charter Township Zoning Ordinance and
the General Development Plan, nor do they in any way relieve the
Developer from obtaining all approvals and permits required by
the township, except as otherwise expressly 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.
Except as otherwise provided herein, the Developer and his
assigns must meet all applicable provisions and regulations of
Cascade Charter Township, as well as federal and state law, and
must obtain all necessary approvals from state and county
governmental agencies that are required for operation or use.
This PUD approval is expressly contingent upon all conditions
of approval herein remaining fully effective and valid. If any
condition imposed herein is determined to be illegal or contrary
to law as a result of a successful legal challenge by the
Developer or its assigns, or any other party, the Township
reserves the right to review the entire project under the PUD
provisions of the Cascade Charter Township Zoning Ordinance, and
further, to withdraw its approval of this PUD if it finds that,
absent the effect of any condition imposed herein, the PUD no
longer meets the standards for PUD approval contained in the
Zoning Ordinance.
All conditions contained herein shall be binding upon the
Developer, as well as its successors, tenants and assigns. The
conditions may be modified or amended only pursuant to a formal
amendment of the PUD approval and ordinance amendment.
This approval document shall be recorded with the Kent County
Register of Deeds by the Developer prior to construction
occurring on site and shall run with and bind the lands
involved. Copies of this recorded document shall be supplied by
the Developer to the Cascade Charter Township Clerk.
Failure to comply with the site plan or any condition of
approval herein shall be deemed a violation of the Cascade
Charter Township Zoning Ordinance.
Section VI. Site Plans and Phasing
The Project shall be developed in accordance with the overall
site plan approved and signed by the Township. The site plan
shall indicate where each office building will be located and
provide appropriate measurements demonstrating compliance with
the Zoning Ordinance. Engineering plans and documents r4elating
to utilities, topography, drainage, and the survey of the
Project shall be reviewed and approved by the Township Engineer.
Approval of these documents shall be based upon their meeting
the requirements 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 as
"Approved", and forward them to the Developer.
Because the Project is anticipated to be constructed over
several years, the Developer, for each individual phase of the
Project, shall submit an application and all necessary
architectural and planning drawings for consideration to the
Planning Department. Site plan approval by the Planning
Department shall only be granted in accordance with Chapters 16
and 21 of the Zoning Ordinance (as may be amended). All phases
of the Project shall comply with the Permitted Uses listed in
Section VII and the Design Guidelines, Requirements and
Limitations contained in Section VIII of this Ordinance.
Section VII. Permitted Uses
The permitted uses for the Centennial Business Center PUD are as
follows:
Office and associated uses as provided in Chapter 12 of the
Cascade Charter Township Zoning Ordinance (as may be amended).
1) No more than 20% of the total square footage of any
building shall be occupied by medical or dental offices.
Section VIII. Design Guidelines, Requirements and Limitations
The layout of the Project shall be developed in accordance with the
site plan approved by the Township. No alterations, expansions or
additions may take place to the Project without an amendment to this
Ordinance, unless authorized otherwise herein.
The maximum number of office buildings on the Premises shall
be limited to three (3). These buildings shall contain a maximum
square footage as follows:
Building 1 – 15,000 square feet on two stories
Building 2 – 104,000 square feet on three stories
(not including underground parking).
Building 3 - 104,000 square feet on three stories
(not including underground parking)
Provided that all other requirements of this Ordinance are adhered
to (setbacks, bufferyards, parking, height, signs, etc.), changes in
the proposed square footage of the individual buildings may be varied
with the approval of the Planning Director provided that the combined
total square footage of such buildings shall not exceed the maximum
allowable square footage of 223,000 square feet as setforth above. It
is the intent of this subparagraph to provide for some flexibility in
final building design to meet tenant requirements while maintaining
the minimum and maximum standards imposed by this Ordinance.
Maximum Building Height
1. Building one (1) – 29 feet
2. The maximum height of buildings two (2) and three (3)
shall not exceed 35 feet from the average grade as defined
by the Cascade Charter Township Zoning Ordinance.
Setback Requirements – All buildings shall be setback a
minimum of 50 feet from any property line.
Minimum Parking Requirements - The site shall contain a total
of 937 parking spaces. 747 of these spaces shall be surface
spaces with 190 spaces being provided under buildings two and
three (95) each). The parking shall be constructed in phases in
conjunction with the development of each building. The Planning
Director shall assure that the parking provided is adequate for
each building and that is consistent with the overall
development plan.
Signs
3. The Project shall be permitted the following signs:
a. Three (3) monument signs in the general
locations as depicted on the overall site plan.
b. One (1) tenant identification sign in the
general location as depicted on the overall site plan.
c. Wall signs – 100 square feet per building.
d. Directional signs
4. Unless otherwise specified above, all new signs for
the Project shall comply with the height, location, size and
all other requirements set forth in the Cascade Charter
Township Sign Ordinance, as amended.
Landscaping
5. The project shall be required to install a 25 foot
wide "D" type bufferyard (as defined in Chapter 20 of the
Zoning Ordinance) around the perimeter of the property as
well as the internal parking lot landscaping as shown on the
landscape plan dated February 1, 1995.
6. The installation of these bufferyards shall coincide
the Project phasing.
7. Landscaping shall be installed within ninety (90) days
of completion of each Project phase unless permitted in
writing by the Planning Director at a later date.
8. All landscaping shall be hardy plant materials and
maintained thereafter in a neat and orderly manner. Withered
and/or dead plant materials shall be replaced within a
reasonable period of time but no longer than one growing
season.
Pedestrian Walkways – The Developer shall install paved
walkways / pedestrian paths a minimum of six (6) feet in width
along the Charlevoix Drive and Orchard Vista Drive frontages.
This walkway shall be located on the Developer’s property,
constructed at the Developer’s expense, and maintained by the
Developer.
Section IX. 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 building expansions or
infrastructure improvement.
Section X. Utilities
A. Each Project phase shall be served with public water and
public sewer at the Developer’s expense. Any new on-site water and
sewer design and connection to the public water and sewer systems
shall be approved by Cascade Township and the City of Grand Rapids
prior to installation.
B. Stormwater Drainage – All proposed stormwater drainage
facilities shall be reviewed and approved by the township engineer
and the Kent County Drain Commissioner’s office prior to the
development of the Project. The Developer shall provide the
Township Planning Department with copies of all correspondence and
permits received from the Kent County Drain Commissioner and
Michigan Department of Natural Resources regarding stormwater
disposal.
C. The Developer shall provide all necessary easements within
the Project for telephone, electricity, gas and cable television
to the appropriate utility provider without cost. Said easements
shall be recorded with the Kent County Register of Deeds and
provided to each utility provider for their records.
Section XI. Soil Erosion Control Requirements
Prior to each phase of construction, the Developer shall submit a
soil erosion control plan showing all temporary and permanent soil
erosion control measures to be taken before, during, and after
construction on the Project. This plan shall be reviewed and approved
by the Township Engineer prior to commencing any building on the site.
Section XII. Performance Guarantee
To insure compliance with this Ordinance and any conditions herein,
Cascade Township may require reasonable performance guarantees, as
authorized under the township rural Zoning Enabling Act to insure
completion of improvements such as, but not limited to, landscaping,
drainage, lighting, roads, and utilities. The Township Board,
Engineer, or Planning Department may require such guarantees at any
time they deem necessary to insure completion of the improvements.
Section XIII. Consistency With Planned Unit Development (PUD)
Standards
The rezoning to Planned Unit Development will result in a
recognizable benefit to the ultimate users of the Project and to the
community. The project will offer a unified development that provides
shared access, parking, and landscaping improvements.
In relation to the underlying zoning (PUD), the Township finds the
Project will not result in a material increase in the need for public
services, facilities and utilities and will not place a material
burden upon the subject property and the surrounding properties. The
property has always been planned for office development and is
proposed to be utilized in that fashion.
The Project is not anticipated to cause undo impact to the
stormwater drainage of the surrounding area. All stormwater plans have
been approved by the Township Engineer and the appropriate County and
State agencies. Concerns about fire and emergency vehicle access have
been addressed on the site plan and by this PUD Ordinance.
The Project has been determined by the township to be compatible
with the General Development Plan of the Township and with the spirit
and intent of the Planned Unit Development Chapter of the Zoning
Ordinance.
The township finds the Project will not result in an unreasonable
negative economic impact upon surrounding properties.
The Township finds the Project to have at least as much green and
usable open space as would be required by the Township Zoning
Ordinance.
Finally, the Township recognizes the Project will be under single
ownership or control. The Township recognizes that the Developer or
its assigns will retain ownership and control of the Premises.
Section XIV. Effective Date
This Ordinance shall become effective upon publication of the
ordinance, or a summary thereof, in The Grand Rapids Press, a
newspaper of general circulation within Cascade Charter Township.
The foregoing Ordinance was offered by Board Member VanStrien,
supported by Board Member Henning. The roll call vote being as
follows:
YEAS: Carpenter, Henning, Johnson, Julien, Van Strien
NAYS: None
ABSTAIN: None
ABSENT: Hansen, Timmons
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 22nd day of March, 1995.
Brenda J. Henning
Cascade Charter Township Clerk
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