PUD Ordinance -
Eastmont Meadows #2 of 1992
CASCADE CHARTER TOWNSHIP
Ordinance #2 of 1992
AN ORDINANE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE EASTMONT MEADOWS PLANNED UNIT
DEVELOPMENT PROJECT.
Cascade Charter Township Ordains:
Section I. An Amendment to the Cascade Charter Township Zoning
Ordinance
The application received from Noorman Associates Land Company or
their assigns (hereinafter referred to as the "Developer") for Planned
Unit Development designation for the proposed Eastmont Meadows
Subdivision Project (hereinafter referred to as the "Premises" or the
"Project") was recommended by the Cascade Charter Township Planning
Commission for approval on February 3, 1992. The Project is
recommended for rezoning from ARC, Agricultural Rural Conservation to
PUD, Planned Unit Development permitting the development of a 59 lot
subdivision in at least two (2) development phases and the
preservation of 13 acres of wetland and open space for a private
conservation park. This recommendation 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 February 12, 1992.
Section II. Legal Description.
The legal description of the Project is as follows:
Part of the NW fractional ¼ of Section 6, T6N, R10W, Cascade
Township, Kent County, Michigan, described as: Commencing at the
Northwest corner of Section 6; thence East along the North section
line to a point 1402.0 feet West of the North ¼ corner; thence
southerly to a point on the east and West ¼ line which is 1365 feet
West of the center of section; thence West to West ¼ corner; thence
North to beginning; EXCEPT that part described as: Commencing at the
Northeast corner of said NW fractional ¼; thence N 90 degrees 00’W
1402.0 feet along the North line of said NW fractional ¼; thence S 1
degree 12’W 577.87 feet along the centerline of an existing ditch, to
the place of beginning; thence S 1 degree 12’W 1812.79 feet to a point
on the south line of said NW fractional ¼, being 1367.0 feet West of
the SE corner of said NW fractional ¼; thence N 88 degrees 40’W 855.28
feet along the South line of said NW fractional ¼; thence N 2 degrees
36’E 489.18 feet; thence N 66 degrees 02’E 213.31 feet; thence S 78
degrees 12’E 247.0 feet; thence N 38 degrees 30’E 266.65 feet; thence
N 3 degrees 07’E 599.12 feet; thence S 87 degrees 22’W 451.78 feet;
thence N 1 degree 08’ W 282.43 feet; thence N 65 degrees 07’W 155.0
feet; thence N 4 degrees 27’ W 118.75 feet; thence N 88 degrees 57’E
842.28 feet to the place of beginning; ALSO EXCEPT the West 180.0 feet
of that part lying North of a line which is 60 feet South of and
parallel to the centerline of Hall Street.
Section III. General Provisions.
The following provisions shall hereby apply to the Project, in
addition to those Provisions outlined in Chapter 14 of the Cascade
Charter Township Zoning Ordinance (Ordinance No. 11 of 1988, as
amended) and the Cascade Charter Township Subdivision Ordinance
(Ordinance No. 1of 1978, as amended).
Section IV. Purpose.
The Project occupies approximately 49.33 acres of land that is
proposed for the development of a single family residential plat and
the preservation and enhancement of existing wetlands and open space
on the property. The regulations contained herein are established to
define the procedures necessary to insure high quality development of
the Project. 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 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
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 Eastmont Meadows Subdivision Project are
as follows:
A. Single family detached dwelling units and accessory
buildings customarily incidental to single family residences
(subject to the provisions of Section 4.08 and 4.09 of the Cascade
Charter Township Zoning Ordinance, as may be amended); and
B. A private conservation park for the use and enjoyment of the
property owners and residents of the Project.
Section VI. Design Guidelines, Requirements and Limitations.
The development of all permitted uses within the Project shall
conform to the following design standards.
A. Single Family Detached Dwelling Units –
1. Maximum Number of Lots – The maximum number of individual
lots or site condominium parcels shall be limited to fifty-nine
(59) lots or parcels.
2. Minimum Lot Size – Each lot shall contain a minimum of
15,000 square feet of lot area.
3. Minimum Lot Width – Each lot must have a minimum width of
one hundred (100) feet, as measured thirty-five (35) feet from the
front property line or right-
of-way line.
4. 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 the lesser.
5. Minimum Floor Area – There shall be a minimum ground floor
area of 1,300 square feet for each one story single family
dwelling unit. All two story dwellings shall be a minimum floor
area of 1,600 square feet, with a minimum of 800 square feet on
the ground floor. The minimum floor areas shall only include
finished liveable area at or above ground level exclusive of the
garage, decks, porches and breezeways.
6. Minimum Front Yard Setback – The minimum front yard setback
as measured from the front property line or right-of-way shall be
thirty-five (35) feet or the average front yard setback within two
hundred (200) feet of the subject lot, whichever is the most
restrictive.
7. Side Yard Setback – The combined side yard setback shall be
a minimum of twenty-five (25) feet, with one side having a minimum
setback of ten (10) feet.
8. Rear Yard Setback – The minimum rear yard setback as
measured from the rear property line shall be twenty-five (25)
feet.
9. Minimum Off-Street Parking Requirements – Each dwelling
shall have a minimum of two (2) enclosed off-street parking
spaces.
10. Sidewalks – All residential lots shall provide a concrete
sidewalk along the street side(s) of their property. The
sidewalk(s) shall have a minimum width of five (5) feet and shall
have a minimum concrete thickness of four (4) inches. Construction
of the sidewalk(s) must be completed before an occupancy permit
will be issued to the property owner. In the event that sidewalk(s)
cannot be installed prior to occupancy (due to extenuating
circumstances accepted by the Township) the property owner shall
submit to the Township a financial guarantee equal to two and
one-half (2-1/2) times the cost of sidewalk installation. The
financial guarantee must assure installation of the sidewalk
within 180 days of occupancy of the dwelling or one construction
season, whichever is the lesser.
11. Street Trees – All residential lots must provide a minimum
of two (2) shade trees along the street side(s) of the property
prior to the issuance of an occupancy permit. The shade trees
shall be installed between the sidewalk and the street at property
owner expense. Each tree shall have a minimum caliper of two and
one-half (2-1/2) inches. In the event that the street trees cannot
be installed prior to occupancy, (due to extenuating circumstances
accepted by the Township) the property owner shall submit to the
Township a financial guarantee equal to cost (including
installation cost) of the required trees. The financial guarantee
must assure the installation of the street trees within 180 days
of completion of the dwelling or one growing season, whichever is
the lesser.
12. Residential Landscape Requirements – Where a lot has been
disturbed or cleared for residential development, the disturbed
area shall be graded and landscaped, except for driveways,
sidewalks and required parking areas. Seeding and sodding shall be
the minimum acceptable landscaping of any lot. The landscaping
shall be installed within 180 days of occupancy of the dwelling,
or one growing season, whichever is the lesser. The Building
Inspector may demand the posting of a financial guarantee in the
amount of one thousand ($1,000.00) dollars to assure installation
of the landscaping and may extend the 180 day time limit an
additional 90 days if conditions warrant.
B. Private Conservation Park
1. Ownership and Responsibilities – The private conservation
park shall be placed under the ownership of a neighborhood
association comprised of the property owners with the Eastmont
Meadows Subdivision Project. The Developer of the Project shall
convey a conservation easement to Cascade Charter Township which
shall insure that the park is left in its current undeveloped
state in perpetuity.
2. Use Restrictions – The private conservation park shall be
limited by the following restrictions:
a) No buildings, structures, fences, driveways or streets
as defined by the Cascade Charter Township Zoning Ordinance,
shall be erected, constructed or placed within the
conservation park.
b) There shall be no surface mining on the property.
c) There shall be no draining or filling of wetlands within
the conservation park.
d) There shall be no tree or vegetation cutting or removal
within the conservation park except to remove fallen, dead,
diseased or dangerous trees or vegetation. Vegetation such as
cattails, purple loosestrife and other wetland vegetation
deemed by the Michigan Department of Natural Resources as
noxious to a wetland environment may be removed upon approval
of the neighborhood association and Cascade Charter Township.
e) The construction of a sidewalk to connect Lot 12 and Lot
13 of Eastmont Meadows is permitted. This sidewalk shall be
installed when residential units have been constructed on both
lots. The installation cost of the sidewalk shall be the
responsibility of the adjoining property owners or the
neighborhood association and shall not be the responsibility
of Cascade Charter Township.
f) There shall be no playground equipment, picnic tables or
other recreation equipment stored, installed, or placed in the
conservation park.
g) A boardwalk may be placed within the conservation park
to serve passive recreational needs provided it receives
approval of the neighborhood association and Cascade Charter
Township.
h) The Developer of the project may construct up to three
(3) stormwater detention ponds within the conservation park
for the purpose of providing on-site storage facilities for
runoff.
Section VII. Development Requirements
A. Signs – All signs (type, size, etc.) for the proposed
development shall comply with the Cascade Charter Township Sign
Ordinance, as amended. All permanent development identification
signs shall not exceed five (5) feet in height and must be located
on an easement allowing for its placement on that particular
private property.
B. Stormwater Drainage – All proposed stormwater drainage
facilities shall be reviewed and approved by the Township Engineer
and the Kent County Drain Commissioner prior to the development of
the Project. All stormwater detention basins areas within the
Project shall be designed, at a minimum, to handle a 50-year storm
event.
C. Utility Easements – The Developer shall provide all
necessary easements within the Project for sewer, water,
telephone, electricity, gas and cable television to the
appropriate utility provider without cost. 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.
D. Sewer and Water – All dwellings shall be served with public
water and sewer at the Developer’s expense. The on-site water and
sewer design and the construction to the public water and sewer
systems shall be approved by the Township and the City of Grand
Rapids prior to installation. Said improvements shall be
consistent with the Sewer and Water Master Plans for Cascade
Township.
E. Streets – All streets shall meet the road construction and
design standards setforth and established by the Kent County Road
Commission. 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.
The developer shall limit construction – related traffic to a
specific travel route. This travel route shall be limited to Hall
Street and the proposed Greenhill Drive.
The Township will request that the Kent County Road Commission
place a four-way stop at the intersections of Hall Street, Argo
Street, Patterson Avenue and the proposed Greenhill Drive. In
addition, the Township will request a four-way stop at the East
Meadows/Greenhill Drive intersection.
F. Street Lighting – Street lighting shall be provided within
the Project at the Developer’s expense. All street lighting shall
be low sodium luminaries (lamps), which do not extend more than
twenty (20) feet in height. Luminaries shall be shrouded to
minimize the emission of light rays and may not exceed .5 foot
candles as measured at ground level.
G. 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 VIII. Predevelopment Requirements.
A. 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 plat development on the
Project. This plan shall be reviewed and approved by the Township
Engineer prior to the development of any plats in the Project.
B. The Township Planning Department shall receive all pertinent
correspondence and permits received from the Michigan Department
of Natural resources (MDNR) regarding the status or development of
wetlands within the Project prior to any construction.
C. The Township Planning Department shall receive all
correspondence and permits from the Kent County Drain Commissioner
regarding storm water disposal prior to any construction.
Section IX. 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 Director may
require such guarantees at any time they deem necessary to insure
completion of the improvements.
Section X. Master Development Plan
A. Master Development Plan, Consistency With the Master
Development Plan – The Project shall conform in as much as
reasonably possible to the master development plan approved by the
Township Board and signed by the Township supervisor on February
12, 1992. The development of subdivision plats within the Project
shall be designed to insure consistency with the master
development plan. All subdivision plats shall be reviewed in the
process setforth in the Cascade Charter Township Subdivision
Ordinance, as amended.
B. Subdivision Plat Approval (Phasing) - The Project may be
developed into two or more distinct developmental or subdivision
phases. Each phase of the Project shall be reviewed by the
Planning Commission for consistency with this Ordinance and other
pertinent Township land development ordinances. At the time of
project review, the then existing stormwater conditions shall be
reviewed and evaluated by the Township Engineer to determine the
adequacy of the development’s stormwater system and its affect on
the surrounding neighborhood. If the system is determined to be
inadequate, the Township Engineer shall report and recommend to
the Planning Commission a revised stormwater drainage design
criteria in which future phases shall satisfy. Each phase review
shall require a public hearing. The public hearing shall be
noticed and advertised in a manner consistent with Section 23.06
of the Cascade Charter Township Zoning Ordinance.
C. Subdivision Lot Divisions/Splits – Property owners wishing
to divide or split a lot must follow the procedures setforth in
the Cascade Charter Township Subdivision Ordinance in order to
receive consideration of their request. No lot division or split
shall be granted if the request results in the creation of
additional parcels for additional dwelling units.
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 Julien,
supported by Board Member Boone beg. The roll call vote being as
follows:
YEAS: Boonenberg, Carpenter, Hansen, Henning, Julien
NAYS: None
ABSTAIN: None
ABSENT: Champion, Parrish
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 12th day of February, 1992.
Brenda J. Henning
Cascade Charter Township Clerk

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