PUD Ordinance -
Forest Hills Golf Club #5 of 1991
CASCADE CHARTER TOWNSHIP
ORDINANCE #5 OF 1991
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE FOREST HILLS GOLF CLUB PLANNED UNIT
DEVELOPMENT PROJECT
CASCADE CHARTER TOWNSHIP ORDAINS:
SECTION 1. AN AMENDMENT TO THE CASCADE CHARTER TOWNSHIP ZONING
ORDINANCE
That The application received from Forest Hills Golf Club, Inc. or
their assigns (hereinafter referred to as the "Developer") for Planned
Unit Development designation for the proposed Forest Hills Golf Club
Project (hereinafter referred to as the "Project" was recommended by
the Cascade Charter Township Planning Commission for approval on April
1, 1991. The Project is recommended for rezoning from R1, Residential
to PUD, Planned Unit Development permitting a golf course,
condominiums, and 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 April 24, 1991.
SECTION II. LEGAL DESCRIPTION.
The legal description of the Project is as follows:
Part of Sections 5, 6, and 7, Town 6 North, Range 10 West, Cascade
Township, Kent County, Michigan, described as follows: BEGINNING South
0 degrees 2710" West 1023.75 feet (as measured along the East section
line) and North 89 degrees 3250" West 165.00 feet from the Northeast
corner of said Section 7; thence North 79 degrees 30 West 253.58
feet; thence south 57 degrees 00 West 160.00 feet; thence South 17
degrees 00 East to the South line of the North one-half of the
Northeast one-quarter of Section 7; thence Westerly along said line to
a point being 208.71 feet East of the North-South one-quarter line;
thence North 208.71 feet; thence West 208.71 feet; thence North along
said one-quarter line to North line of said Section 7; thence East
along North section line to West line of East one-half of Southeast
one-quarter of Section 6; thence West 500.00 feet; thence north 824.53
feet; thence East 440.00 feet; thence North to point 185.0 feet South
of east-West one-quarter line; thence East 380.00 feet; thence
Northerly at 80 degrees 28 deflection left to extended South line of
Lot 32, Cascade Gardens; thence East to East line of Galbraith Avenue
as platted; thence North to southwest corner of Lot 97; said plat;
thence East to southeast corner of Lot 154, said plat; thence North
407.7 feet; thence East 30.0 feet; thence South 400.00 feet; thence
south 49 degrees 45 East 133.0 feet; thence West to point on section
line being 15.5 feet South of one-quarter corner; thence south 100
feet; thence East 300 feet; thence North to centerline of Cascade
Road; thence Southeast along centerline to a point being 214 feet
Northwest of East line of West one-half, West one-half, southwest
one-quarter of Section 5; thence South 239.5 feet; thence Southeast
214.0 feet; thence south along said East line to Walden Lake; thence
South along shoreline to a line bearing North 20 degrees 4524" East
from point on South line of Section 5 that is 218.87 feet West of
Southeast corner of West one-quarter, Southwest one-quarter, Section
5; thence south 20 degrees 45 24" West 210.0 feet; thence North 88
degrees 1436" West 100 feet; thence South 1 degree 4524" West 200.00
feet; thence West along section lines 574.13 feet; thence South 0
degrees 27 10" West to beginning.
TOGETHER with Lots 97 through 102 inclusive, Cascade Gardens, AND
EXCEPT 260 feet wide Consumers Power right of way as it exists within
the North one-half of the Northeast one-quarter of aforementioned
Section 7.
SECTION III. GENERAL PROVISIONS.
The following provisions shall hereby apply to the aforementioned
Project in addition to those Provisions outlined in Chapter XIV of the
Cascade Charter Township Zoning Ordinance (Ordinance No. 11 of 1988).
SECTION IV. PURPOSE.
The Project occupies approximately 203 acres of land that is
proposed to be developed as two uses. The first use consists of 89
site condominium units and 18 condominiums (hereinafter referred to as
"Premises A"). The second use consists of an 18-hole golf course,
practice driving range, clubhouse with banquet facilities, and pro
shop (hereinafter referred to as "Premises B"). The site condominium
and Planned Unit Development 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
Project 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 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 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 Forest Hills Golf club Project are as
follows:
Premises A
A. single family site condominiums in the Forest Hills country
Club Village; and accessory buildings customarily incidental to
single family residences (subject to the provisions of Section
4.08 and 4.09 of the Cascade Township Zoning Ordinance, as may be
amended);
B. Two-unit condominiums in the Forest Hills Country Club Villas;
Premises B
A. An 18-hole golf course and practice driving range;
B. A clubhouse with banquet facilities and pro shop;
C. An ancillary restaurant/lounge serving alcoholic beverages,
being public in nature;
D. Buildings necessary for the maintenance and upkeep of Premises
B.
SECTION VI. DESIGN GUIDELINES AND REQUIREMENTS.
The development of all permitted uses within the Project shall
conform to the following design standards.
1. Premises A Condominiums
A. Maximum Number of Residential Units -
1) The maximum number of single-family detached site
condominiums within the Premises shall be limited to
eighty-nine (89) units. These site condominiums shall be known
as Forest Hills Country Club Village.
2) The maximum number of two-unit condominiums shall be
limited to nine (9) buildings, containing eighteen (18)
dwelling units. These condominiums shall be known as Forest
Hills Country Club Village.
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 condominium unit shall contain a minimum of 1,500
square feet of finished liveable 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 lot 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.
Wetland Setback 25 feet from the Wetland Boundary as
depicted on the approved site plan.
E. Minimum Parking Requirements
Each 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
Premises "A" shall be permitted three (3) ground mounted
monument signs, each not to exceed thirty-two (32) square feet
in sign area. The signs must be setback at least 25 feet from
any property line. The signs may be illuminated provided they
are in compliance with section 5.05 of the Cascade Charter
Township Sign Ordinance, (as amended).
H. Water and Sewer
All condominium units shall be served by public water and
public sanitary sewer.
I. Use Restrictions
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 the "Use Restrictions"
for Premises "A". These restrictions shall become 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
condominiums, all maintenance, repair and replacement thereof
shall be in accordance with the description of common elements
for Premises "A". This description shall become a part of this
ordinance with the document labeled and attached in the
following manner: "Attachment B Common Elements".
2. Premises B Gold Course and Club House
A. Additions -
Any future modifications to the Clubhouse or its associated
buildings may be approved by the Planning Commission through
the site plan review process outlined in Chapter XVI of the
Cascade Township Zoning Ordinance (as may be amended). This
will assure compliance with this Ordinance and the Cascade
Township Zoning Ordinance.
B. Setback Requirements
The required yard regulations are as follows:
Front Yard Setback 100 feet from the front yard property
line.
Side Yard Setback 25 feet from the side yard property line.
Rear Yard Setback 50 feet from the rear yard property line.
C. Height
No building shall exceed a height of 3 stories or 35 feet
above the average grade at the front of the building.
D. Parking
The minimum parking area for Premises "B" shall be 185
spaces. If future additions to the facility are planned,
parking shall be provided in accordance with the Cascade
Charter Township Zoning Ordinance.
E. Signs
Premises "B" shall be permitted to maintain the existing
signs which identify the Premises.
SECTION VII. BUFFERYARD AND LANDSCAPING REQUIREMENTS.
A. Minimum Bufferyard and Landscape Requirements
For the purposes of screening the Premises, the Developer
shall provide bufferyard and landscaping materials consistent
with the following requirements setforth below:
1. A minimum 25 foot wide bufferyard along the Cascade Road
and Spaulding Avenue frontage with the following minimum
number of landscape materials per 100 lineal feet:
2 Canopy Trees
4 Understory Trees
2 Evergreen/conifer Trees
2. A minimum 25 foot wide bufferyard along the following
property lines:
a) The south line of Unit 77
b) The south and west line of Unit 78
c) The north line of Unit 8
d) The north and east line of Unit 7
e) The north line of Units 5 and 6
f) The east line of Unit 1
The following minimum number of landscape materials per 100
lineal feet shall be provided along these lot lines:
2 Canopy Trees
4 Understory Trees/Evergreen Trees
In addition, the south line of Unit 77 and the west line of
Unit 78 shall contain an additional 3 evergreen trees along
each lot line.
3. Bufferyards shall be located on the outer perimeter of
the Project to the logical extent possible. Any existing plant
material which satisfies the requirements of this Section may
be counted toward satisfying their respective landscape
requirement for the lineal feet in which they occupy. It
cannot be credited towards other bufferyard areas.
C. Minimum Plant Size Requirements -
For the purposes of this development all landscaping
materials shall meet the following minimum size standards:
Plant Type Size
Canopy Tree 2-1/2 inch caliper
Understory Tree 1-1/2 inch caliper
Evergreen Tree 6 feet
Species listed in Section 20.11 of the Cascade Township
Zoning Ordinance shall not be credited as meeting the
landscape requirements contained in this Ordinance.
D. Other Landscape Requirements
1. Landscaping shall be installed within ninety (90) days
of completion of each phase, or unless permitted in writing by
the Planning Director at a later date.
2. 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.
3. Where appropriate, plantings should be grouped or
clustered to provide the maximum visual effect.
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. SITE PLAN.
A. The Project 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 and golf course related building will be located and provide
appropriate measurements demonstrating compliance with Section
14.12.2 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 14.12.4 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 condominium building sites within Premises "A"
may be reduced or consolidated 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 X. UTILITIES.
A. All buildings shall be served with public water and sewer at
the developers expense. The on-site water and sewer design and
the connection 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.
B. The Developer shall provide all necessary easements within
the Project for 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.
SECTION XI. PRIVATE STREETS.
A. The Developer shall submit a street construction,
maintenance and pavement plan consistent with Section 14.12.4.f of
the Zoning Ordinance. The Developer may establish a private road
to serve the Project provided the road is built to the following
specifications:
1. The private road intersections shall meet the commercial
driveway standards established by the Kent County Road
Commission. Commercial driveway permits shall also be
required.
2. All 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.
3. All cul-de-sacs within the Project shall meet the
specifications of the Township Engineer.
4. All private roads shall be sufficiently drained to
prevent stormwater runoff from causing soil erosion or
trespass onto adjoining property.
5. All private roads serving the Project shall be posted
with street signs stating the street names. These signs shall
be consistent with Kent County Road Commission standards and
requirements and shall be installed at Developer cost.
6. All private roads shall intersect with public roads only
at 90 degree angles. A clear vision triangle shall be
established by the developer to insure safe turning movements
to and from the Project. This "clear vision triangle" shall be
developed to the specifications established by the Kent County
Road Commission. Every effort shall be made to align entrances
of the private roads across from one another and across from
public roads.
7. Complete maintenance of the private roads shall be the
responsibility of the condominium association.
8. All condominium units shall be served by the internal
private roads. No direct access shall be permitted to
Spaulding Avenue or Cascade Road by any individual condominium
unit.
9. Exterior Lighting Street lighting shall be provided
within the Project at the Developers expense. All street
lighting shall be low sodium luminaries (lamps), which do not
extend more than twenty (20) feet in height. Luminaires shall
be shrouded to minimize the emission of light rays and may not
exceed .5 foot candles as measured at ground level.
10. The use of speed bumps on the private road shall be prohibited.
11. The Developer shall be required to construct a
gatehouse at each entrance to the Forest Hills Country Club
Village to help deter through traffic movements.
SECTION XII. MISCELLANEOUS DEVELOPMENT REQUIREMENTS.
A. The applicant 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 site.
This plan shall be reviewed and approved by the Township Engineer
prior to commencing any building on the site.
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 construction.
C. The Township Planning Department shall receive all
correspondence and permits from the Kent County Drain Commissioner
regarding storm water disposal.
SECTION XIII. 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 XIV. MASTER DEVELOPMENT PLAN, PHASING.
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 April 24, 1991. In the event the Developer
elects to develop the Project in separate distinct phases, he shall be
required to submit site plans of each phase. The Planning Commission
shall review and approve these plans prior to the construction of the
intended phase to insure consistency with the master development plan.
This review shall be conducted at no monetary charge to the Developer,
provided that no amendment or variance to this Ordinance or the
Cascade Charter Township Zoning Ordinance is required.
SECTION XV. 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 Hansen,
supported by Board Member Julien. The roll call vote being as follows:
YEAS: Boonenberg, Carpenter, Hansen, Julien, Parrish
NAYS: None
ABSENT: Champion, Henning
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 24th day of April, 1991.
Brenda J. Henning
Cascade Charter Township Clerk
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