PUD Ordinance -
Highgrove #23 of 1994
CASCADE CHARTER TOWNSHIP
Ordinance 23 of 1994
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE HIGHGROVE SITE CONDOMINIUM PLANNED
UNIT DEVELOPMENT PROJECT.
Cascade Charter Township Ordains:
Section I. An Amendment to The Cascade Charter Township Zoning
Ordinance.
The application received from Mountain Ridge Development
Corporation or their assigns (hereinafter referred to as the
"Developer"), for Planned Unit Development designation for the
proposed Highgrove Project (hereinafter referred to as the "Project")
was recommended by the Cascade Charter Township Planning Commission
for approval on October 17, 1994. The Project is recommended for
rezoning from ARC, Agricultural Rural Conservation to PUD, Planned
Unit Development permitting a site condominium development. 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 November 9, 1994.
Section II. Legal Description
The legal description of the Project is as follows:
That part of Section 2, T6N, R10W, Cascade Township, Kent County,
Michigan, described as: BEGINNING at a point on the South line of the
SW ¼, Section 2, which is N 89 degrees 58’24"W 1209.00 feet form the S
¼ corner of Section 2; thence N 89 degrees 58’24" W 124.98 feet along
the South line of said Section 2; thence N 01 degrees 29’53" W 2026.66
feet along the West line of the East ½ of said SW ¼ and the East line
of country Brook Estates and Buttrick Acres; thence N 50 degrees
24’05"E 1632.40 feet to the Southwesterly R.O.W. line of the Grand
Trunk Railroad; thence S 50 degrees 43’46" E 151.55 feet along the
Southwesterly R.O.W. of said Railroad and the Northeasterly line of
Grand River Drive (66.00 feet wide); thence S 16 degrees 29’08" W
35.79 feet; thence S 50 degrees 43’46"E 738.75 feet along the
centerline of Grand River Drive; thence S 21 degrees 57’27"W 2352.03
feet; thence N 68 degrees 36’00" W 299.79 feet; thence N 89 degrees
58’24"W 440.00 feet; thence S 22 degrees 00’00"W 428.00 feet to the
place of beginning. Subject to highway R.O.W. for Bolt Drive and Grand
River Drive. This parcel contains 80.465 Acres including highway R.O.W.
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 approximately 80.465 acres of land that is
generally vacant and heavily wooded. The project is proposed to be
developed into a site condominium development containing 33 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 Project’s aesthetics and appearance. This development
technique 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 subdivision plats do not.
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.
Section V. Approval Limitations
A. 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.
B. 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.
C. This PUD approval is expressly contingent upon all
conditions of approval herein remaining fully effective and valid.
If any condition imposed here in 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.
D. 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.
E. 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.
F. 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 Condominium Documents and Plans
A. Specific controls relating to architectural elements, common
elements of the site condominium project, construction materials,
size and space requirements, improvements and out buildings,
specific prohibitions and rules of conduct shall be governed by
site condominium bylaws and master deed. These restrictions shall
become part of this Ordinance with the documents labeled and
attached in the following manner:
"Exhibit A – Bylaws"
"Exhibit B – Master Deed"
B. The Premises shall be developed in accordance with the site
plan approved and signed by the Township. 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 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 as "Approved", and forward them to the
Developer. Only approved plan documents shall be recorded with the
appropriate county and state agencies.
C. The number of building sites may be reduced or consolidated
within the Premises upon review and approval of the Township
Planning Department. The proposed changes to the site / survey
plan to reduce or consolidate building sites shall be reviewed by
the Planning Department to insure compliance with the Cascade
Charter Township Zoning Ordinance and this PUD Ordinance. Once
approved by the Planning Department, the amended site / survey
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 recorded site / survey plan shall be forwarded
to the Planning Department, so that accurate files regarding the
development can be maintained.
D. The Premises shall be limited to thirty-three (33) building
sites for single family detached condominium units. The number of
building sites within the Premises shall not be increased by the
Township Board.
Section VII. Permitted Uses
The permitted uses for the Highgrove PUD are as follows:
Sing 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 Charter Township Zoning Ordinance, as may be
amended.
Signs. Provided all signs for the Premises shall conform with
Section 6.02 of the Cascade Charter Township Sign Ordinance
(Ordinance 12 of 1988, as amended).
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.
Maximum Number of Residential Units – The maximum number of
single family detached site condominium units within the
Premises shall be limited to thirty-three (33) units.
Maximum Building or Structure Height – 35 feet or 2-1/2
stories whichever is the lesser.
Setback Requirements – All buildings and structures (except
signs) shall meet the following minimum setback requirements:
1. Front Yard Setback: 35 feet from the front 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 questions and on the
same side of the street is greater than the minimum front
yard setback prescribed above, then the required front yard
setback of such unit shall not be less than the average
existing front yard setback of such condominium units.
2. Side Yard Setback – 10 feet minimum from the side yard
area line for one and 25 feet minimum with both sides
combined.
3. Rear Yard Setback: 25 feet from the rear yard area
line.
Minimum Floor Area – Each site condominium unit shall contain
a minimum of 1,600 square feet of finished livable area above
grade level, exclusive of the garage, decks, porches and
breezeways.
Minimum Parking Requirements – Each site condominium dwelling
unit shall have a minimum of two (2) enclosed off-street parking
spaces.
Section IX. Private Street Development
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:
4. The road grades shall not exceed more than an 8
percent grade, unless approved otherwise by the Township
Engineer and Fire Department. All grades shall be sufficient
to allow safe ingress / egress of emergency vehicles.
5. The minimum acceptable curve radii for any cul-de-sac
shall be 40 feet (paved).
6. The private road shall have a minimum paved road width
of 18 feet and shall be sufficiently drained to prevent
stormwater runoff from causing soil erosion or trespass onto
adjoining property.
7. 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 the Developer’s cost.
8. A clear vision triangle shall be established by the
Developer to insure safe turning movements to and from the
Premises onto Spaulding Avenue. This "clear vision triangle"
shall be developed to the specifications established by the
Kent County Road Commission.
9. Complete maintenance of the private road shall be the
responsibility of the condominium association.
10. Any private road shall intersect any public road at a
90 degree angle.
11. Copies of any permits required by the Kent County
Road Commission to connect private road to any public shall
be provided to the Township Planning Department by the
Developer.
No combustible building materials may be erected on the
Premises until a temporary access road is constructed to
within 100 feet of the furthest point of a structure. Such
road shall be a minimum 18 feet wide and be able to support
20 tons on a single axle with dual wheels and standard road
tires.
Section X. 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 XI. Utilities.
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 Premises. 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.
The Developer shall provide all necessary easements within
the Premises 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 XII. 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 Premises. This plan shall be reviewed and approved
by the Township Engineer prior to commencing any building on the site.
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 Department may require such guarantees at any
time they deem necessary to insure completion of the improvements.
Section XIV. 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. Current and future residents will recognize the benefits of
a residential development which offers a low density land use pattern.
In relation to the underlying zoning (ARC, Agricultural Rural
Conservation), 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 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.
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 Project has been determined to be a "Rural Estate" use,
which is consistent with the Cascade Township General Development
Plan.
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. Due to the large site condominium unit sizes, the amount of
open space is arguably more in this type of development than a more
typical subdivision plat.
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 until a
majority of the site condominium units are purchased for single family
residential purposes.
Section XVII. Effective Date
This Ordinance shall become effective upon publication of the
ordinance, or a summary thereof, in The Grand Rapids Press, a
newspaper a general circulation within Cascade Charter Township.
The foregoing Ordinance was offered by Board Member VanStrien,
supported by Board Member Carpenter. The roll call vote being as
follows:
YEAS: Carpenter, Hansen, Henning, Johnson, Julien, Timmons and
VanStrien.
NAYS: None
ABSTAIN: None
ABSENT: None
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 9th day of November, 1994.
Brenda J. Henning
Cascade Charter Township Clerk
EXHIBIT A: BYLAWS
EXHIBIT B: MASTER DEED
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