PUD Ordinance -
Riverwood #10 of 1998
CASCADE CHARTER TOWNSHIP
Ordinance #10 of 1988
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINACNE
AND ZONING MAP TO ESTABLISH THE RIVERWOOD SITE CONDOMINIUM PLANNED
UNIT DEVELOPMENT PROJECT
CASCADE CHARTER TOWNSHIP ORDAINS
SECTION I. AN AMENDMENT TO THE CASCADE CHARTER TOWNSHIP ZONING
ORDINANCE.
That the applications received from Norvin Noteboom of LaBourg
Limited Partnership or its assigns (hereinafter referred to as The
"Developer") for Planned Unit Development designation for their
proposed Riverwood Site Condominium Project (hereinafter referred to
as the "Premises") was recommended by the Cascade Township Planning
Commission for approval on November 21, 1988. The Premises is
recommended for rezoning from R-1A, Residential to PUD, Planned Unit
Development, thereby requiring this amendment to the Cascade Charter
Township Zoning Ordinance and Zoning Map to incorporate the Planning
Commission’s recommendation and the Cascade Township Board action on
November 28, 1988.
SECTION II. LEGAL DESCRIPTION.
The Legal description of the Premises is as follows:
That part of the NE ¼, Section 9, T6N, R10W, Cascade Township, Kent
County, Michigan, described as: BEGINNING at a point on the North line
of Section 9, which is N 89 degrees 34’28"W 840.0 feet form the NE
corner of Section 9; thence S 00 degrees 00’W 263.53 feet parallel
with the East line of said Section; thence S 89 degrees 34’28"E 840.0
feet; thence S 00 degrees 00’W 66.0 feet along the East line of
Section 9; thence N 89 degrees 34’28" W 390.00 feet along the South
line of the North 10 Acres of the E ½ of said NE ¼; thence S 00
degrees 00’W 380.47 feet; thence S 14 degrees 30’40" W 208.53 feet;
thence N 75 degrees 40’W 907.24 feet; thence N 00 degrees 01’26"W
694.19 feet along the West line of the E ½ of said NE ¼; thence S 89
degrees 34’28" 481.57 feet along the North line of Section 9 to the
place of beginning. This parcel contains 15.052 Acres.
SECTION III. GENERAL PROVISIONS.
The following provisions shall hereby apply to the aforementioned
Premises in addition to those Provisions outlined in Section 13.11 and
13.13 of the Cascade Charter Township Zoning Ordinance (Ordinance No,.
2 of 1978), as amended through October 26, 1988.
SECTION IV. PURPOSE.
The Premises occupies approximately 15.052 acres of land that is
proposed to be developed into a site condominium project containing
six (6) 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 development aesthetics and appearance.
The technique also 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 subdivisions fail.
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. PERMITTED USES.
The permitted uses for the Riverwood Site Condominium Project are
as follows:
A. Single family residences; and
B. Accessory buildings customarily incidental to single family
residences.
Professional or quasi-professional offices within a residence may
be permitted by review of the Planning Commission pursuant to Sections
14.3 through 14.8 of the Zoning Ordinance provided the use does not:
1) generate traffic by members of the general public, and 2) the use
is purely ancillary to an office established elsewhere.
SECTION VI. DESIGN GUIDELINES AND REQUIREMENTS.
The development of all permitted uses within the premises shall
conform to the R-1A, Residential height, setback and dimensional
requirements setforth in Chapter 7 of the Zoning Ordinance. Specific
controls relating to architectural elements, construction materials,
size and space requirements, improvements and outbuildings, specific
prohibitions and rules of conduct shall be governed by the Premises
"Use and Occupancy Restrictions" and shall become a part of this
Ordinance. (for the purpose of this Ordinance said restrictions are
attached and Labeled "Attachment A – Use and Occupancy Restrictions").
With respect to the common elements of the proposed development,
all maintenance, repair and replacement thereof shall be in accordance
with the Premises description of common elements. This description
shall become a part of this Ordinance with the document labeled and
attached in the following manner:
"Attachment B – Description of Common Elements".
SECTION VII. SITE CONDOMINIUM PLANS
The Premises shall be developed in accordance to the site plan
approved by the Township Board and signed by the Township Supervisor.
The site plan shall indicate where each condominium unit will be
located and provide appropriate measurements demonstrating compliance
with Section 13.13 B of the Zoning Ordinance. Engineering plans and/or
documents relating to utilities, topography, 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 13.13D 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.
SECTION VIII. UTILITIES.
A. The Developer shall provide all necessary easements within the
Premises for telephone, electricity, gas and able television to the
appropriate utility provider without cost. The Developer shall also
provide to the Township an easement for future sewer and water service
to serve the Premises. Said easements shall be recorded with the Kent
County Register of Deeds and provided to each utility provider for
their records.
B. The Developer shall be required to enter into a special
assessment agreement for the construction of sewer and water lines
which serve the Premises. This agreement in as much as it deals with
the establishment of a Special Assessment district under Act 188 of
1954, as amended, is not a waiver by any Developer or his assigns, of
any right to contest the confirmation of any special assessment roll
as provided in the Act.
SECTION IX. PRIVATE STREETS – PATHWAY.
A. The Developer shall submit a street construction, maintenance
and pavement plan consistent with Section 13.13D.6 of the Zoning
Ordinance. The Developer may establish a private road to serve the
Premises provided the road is built to the following minimum
standards:
1. The road(s) shall be paved with asphalt or concrete;
2. The road(s) shall have a minimum width of eighteen (18) feet
as measured from edge to edge. The road(s) shall also have
turn-outs at locations approved by the Fire Marshall.
3. The road curb cut shall meet the commercial driveway
standards established by the Kent County Road Commission. A
commercial driveway permit shall also be required. Said curb cut
shall be of a sufficient curb radii (30 foot minimum) to provide
safe turning movements for resident vehicles and for emergency
vehicles.
4. 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.
5. All cul-de-sacs within the Premises shall have a minimum radii
of 40 feet.
6. All private road(s) shall be sufficiently drained to prevent
stormwater runoff from causing soil erosion or trespass onto
adjoining property.
7. All private roads serving the Premises shall be posted with
street sign(s) stating the street(s) name(s). Where appropriate,
the township shall require stop signs or other traffic safety
signs. These sign(s) shall be consistent with Kent County Road
Commission standards and requirements and shall be installed at
Developer cost.
8. The private road(s) shall intersect with public roads only
at 90 degree angles. A clear vision triangle shall be established
by the developer with approval by the Township Engineer to insure
safe turning movements to and from the Premises. This "clear
vision triangle" shall be developed to the specifications
established by the Township Engineer upon an on-site
investigation.
9. All private roads connecting to a public road shall have
acceleration and deceleration tapers meeting Kent County Road
Commission standards.
10. The cul-de-sac and easement at the end of Hawthorne Ridge
shall not be used for ingress/egress for the Premises.
11. The service drive from Hawthorne Ridge, serving condominium
unit number 6, shall be removed and the slope restored and
landscaped to at least a 1 on 3 slope and landscaped within nine
(9) months. A landscaping plan shall be submitted to the Planning
Director for approval.
B. The Developer shall provide the Township with a ten (10) foot
wide easement for the future construction of a sidewalk/bike path
along the frontage of Thornapple River Drive.
SECTION X. 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 Ellinger,
supported by Board Member Parrish. The roll call vote being as
follows:
Yeas: Carpenter, Champion, Ellinger, Henning and Parrish.
Nays: None
Absent: Hansen and Rowland.
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 28th day of November, 1988.
Brenda J. Henning
Cascade Charter Township Clerk
CASCADE CHARTER TOWNSHIP
Ordinance #1 of 1991
AN ORDINANCE TO AMEND ORDINANCE #10 OF 1988 WHICH REGULATES THE
DEVELOPMENT OF THE RIVERWOOD SITE CONDOMINIUM PLANNED UNIT DEVELOPMENT
PROJECT.
CASCADE CHARTER TOWNSHIP ORDAINS THE FOLLOWING AMENDMENT TO
ORDINANCE #10 OF 1988.
AMENDMENT
SECTION VII. SITE CONDOMINIUM PLANS (Original Text)
The Premises shall be developed in accordance to the site plan
approved by the Township Board and signed by the Township Supervisor.
The site plan shall indicate where each condominium unit will be
located and provide appropriate measurements demonstrating compliance
with Section 13.13 B of the Zoning Ordinance. Engineering plans and/or
documents relating to utilities, topography, 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 13.13 D 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.
SECTION VII. SITE CONDOMINIUM PLANS (Amended Text is underlined).
The Premises shall be developed in accordance to the site plan
approved by the Township Board on February 6, 1991, and signed by the
Township Supervisor. The site plan shall indicate where each
condominium unit will be located and provide appropriate measurements
demonstrating compliance with Section 13.13 B of the Zoning Ordinance.
Engineering plans and/or documents relating to utilities, topography,
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 13.13.D 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.
EFFECTIVE DATE
This Ordinance shall become effective upon its publication in the
Grand Rapids Press, a newspaper of general circulation within Cascade
Township.
THE FOREGOING ORDINANCE WAS OFFERED BY BOARD MEMBER HANSEN,
SUPPORTED BY BOARD MEMBER HENNING. THE ROLL CALL VOTE BEING AS
FOLLOWS:
Yeas: Boonenberg, Carpenter, Champion, Hansen, Henning and Parrish.
Nays: None
Absent: Julien
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 6th day of February, 1991.
Brenda J. Henning
Cascade Charter Township Clerk
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