PUD Ordinance -
Ridgewood Creek #2 of 1995
CASCADE CHARTER TOWNSHIP
Ordinance #2 of 1995
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE RIDGEWOOD CREEK SITE CONDOMINIUM
PLANNED UNIT DVELOPMENT PROJECT
Cascade Charter Township Ordains:
Section I. An Amendment to The Cascade Charter Township Zoning
Ordinance
The application received from Margie Bach or her assigns
(hereinafter referred to as the "Developer"), for Planned Unit
Development designation for the proposed Ridgewood Creek Project
(hereinafter referred to as the "Project" or the "Premises") was
recommended by the Cascade Charter Township Planning Commission for
approval on February 6, 1995. The Project is recommended for rezoning
from R-1, Residential 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 February 22, 1995.
Section II. Legal Description
The legal description of the Project is as follows:
That part of the SW ¼, Section 34, T6N, R10W, Cascade Township,
Kent County, Michigan, described as: Commencing at the SE corner of
said SW ¼; thence N 0 degrees 00’ 00" E 1699.00 feet along the East
line of said SW ¼ to the point of beginning; thence S 89 degrees
57’55" W 33.00 feet; thence S 70 degrees 00’00"W 163.64 feet; thence N
82 degrees 00’00" W 171.01 feet; thence S 76 degrees 00’00"W 170.00
feet; thence S 66 degrees 00’00"W 61.79 feet; thence N 86 degrees
00’00"W 202.23 feet; thence N 40 degrees 53’43"W 144.12 feet; thence N
06 degrees 00’00" W 72.07 feet; thence S 89 degrees 57’10"W 564 feet,
more or less to the water’s edge of the Thornapple River; thence
Northerly 250 feet, more or less along said water’s edge to the North
line of the South 2046.00 feet of said SW ¼; thence N 89 degrees
57’10"E 432 feet, more or less along said North line of the South
2046.00 feet; thence S 0 degrees 00’00" W 33.00 feet along the West
line of the East 1003.00 feet, said SW ¼; thence N 89 degrees 57’10"E
286.50 feet; thence S 0 degrees 02’50"E 102.00 feet; thence N 89
degrees 57’10:"E 95.00 feet; thence N 0 degrees 02’50" W 15.00 feet;
thence N 89 degrees 57’10": E 95.00 feet; thence N 0 degrees 02’50" W
120.00 feet; thence N 89 degrees 57’10"E 526.50 feet; thence S 0
degrees 00’00" W 347.00 feet to the point of beginning. Subject to an
easement for highway purposes over the East 33.0 feet thereof.
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 10.7 acres of land that contains
an existing residential structure (cabin) and is otherwise vacant and
wooded. The Project is proposed to be developed into a site
condominium development containing 2 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 Project 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
Project. 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.
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 it 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 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 Condominium Documents and Plans
Specific contr4ols 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 mater 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"
The Project 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 Project 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.
The Project shall be limited to two (2) building sites for
single family detached condominium units. The number of building
sites within the Project shall not be increased by the Township
Board.
Section VII. Permitted Uses.
The permitted uses for the Ridgewood Creek PUD 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 Charter Township Zoning Ordinance, as may be
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 Project
shall be limited to two (2) units.
Maximum Building or Structure Heights – 35 feet or 2-1/2
stories whichever is the lesser.
Setback Requirements – All buildings and structures shall
meet the following minimum setback requirements:
1. Front Yard Setback: 35 feet from the front yard area
line.
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 new 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 new site condominium
dwelling unit shall have a minimum of two (2) enclosed
off-street parking spaces.
Section IX. Access Provisions
The project has access onto Alaska Avenue as well as the
opportunity to utilize an existing access easement along the
north boundary line of this project. This access easement
presently serves the existing structure on this property as well
as several other parcels that are not a part of this PUD.
The Developer shall submit copies of any permits required by
the Kent County Road Commission to connect the private
street/driveway to any public or private road to the Township
Planning Department.
The Developer shall be responsible to fully maintain and keep
their portion of the private access street in good repair at all
times and to ensure that snow and ice is removed in a timely
fashion during the winter.
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 improvements.
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 Project. The Developer shall provide
the Township Planning Department with copies of all
correspondence and permits received from the Kent County Drain
Commissioner regarding stormwater disposal.
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 XII. Soil Erosion Control Requirements
Prior to 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
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, 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 (R-1, Residential) 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 requirements contained herein should provide
adequate and safe access provided that the private streets are
diligently maintained.
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 allow low density
residential 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 at 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 may be 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.
Section XV. 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 Carpenter,
supported by Board Member Hansen. The roll call vote being as follows:
YEAS: Carpenter, Hansen, Henning, Johnson, Julien, Timmons,
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 22nd day of February, 1995.
Brenda J. Henning
Cascade Charter Township Clerk
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