PUD Ordinance -
Timbers #2 of 1991
CASCADE CHARTER TOWNSHIP
ORDINANCE #2 OF 1991
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE
AND ZONING MAP TO ESTABLISH THE TIMBERS SITE CONDOMINIUM PLANNED UNIT
DEVELOPMENT PROJECT
CASCADE CHARTER TOWNSHIP ORDAINS:
SECTION I. AN AMENDMENT TO THE CASCADE CHARTER TOWNSHIP ZONING
ORDINANCE.
That the application received from Eastbrook Development company or
their assigns (hereinafter referred to as the "Developer") for Planned
Unit Development designation for the proposed Timbers Site Condominium
Project (hereinafter referred to as the "Premises" was recommended by
the Cascade Charter Township Planning Commission for approval on
January 22, 1991. The Premises is recommended for rezoning from R1,
Residential to PUD, Planned Unit Development permitting site
condominiums, thereby requiring this 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 6, 1991.
SECTION II. LEGAL DESCRIPTION.
The legal description of the Premises is as follows:
That part of the southeast ¼ and part of the Southwest ¼ of Section
4, T6N, R10W, Cascade Township, Kent County, Michigan described as:
Commencing at the Southwest corner of said southeast ¼; thence N 00
degrees 17’ 49" W 1319.20 feet along the West line of said Southeast ¼
to the POINT OF BEGINNING; thence N 89 degrees 36’ 41" E 330.44 feet
along the South line of the Northwest ¼ of said Southeast ¼; thence N
00 degrees 18’39"W 659.73 feet along the West line of the East 330.00
feet of the West ½ of the Northwest ¼ of said Southeast ¼; thence S 89
degrees 35’ 20" W 330.28 feet; thence S 89 degrees 34’ 00" W 99.00
feet (the previous 2 courses being, in part, along the South line of "TAMMARRON
NO. 2", as recorded in Liber 78 of Plats, Page 45); thence S 00
degrees 17’ 49" E 659.58 feet; thence N 89 degrees 34’ 41"E 99.00 feet
along the South line of the Northeast ¼ of said Southwest ¼ to the
POINT OF BEGINNING. Subject to a right-of-way for highway purposes
over the South 40.00 feet for Laraway Lake Drive (80 feet wide).
SECTION III. GENERAL PROVISIONS
The following provisions shall hereby apply to the aforementioned
Premises 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 Premises occupies approximately 6.50 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.
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 Timbers Site Condominium Project are as
follows:
A. Single family residences.
B. Accessory buildings customarily incidental to a single
family residence (subject to the provisions of Section 4.08 and
4.09 of the Cascade Township Zoning Ordinance, as may be amended).
SECTION VI. DESIGN GUIDELINES AND REQUIREMENTS
The development of all permitted uses within the Premises shall
conform to the following design standards.
A. Maximum Number of Residential Units – The maximum number of
single-family detached site condominiums within the Premises shall
be limited to six (6) units.
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 site condominium unit shall
contain a minimum of 1,600 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
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
E. Minimum Parking Requirements – Each site condominium
dwelling 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 – Signs for the Premises shall conform with Section
6.02 of the Cascade Charter Township Sign Ordinance (Ordinance 12
of 1988).
H. The Developer, or any future condominium lot owner, shall
provide the Township with written approval from the Kent County
Health Department stating that the lot is capable of sustaining an
on-site septic system and well (assuming public utilities are not
available at the time) prior to the application for a building
permit from the Township Building Inspector.
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 Premises "Use Restrictions" Exhibit A and
shall become a part of this Ordinance. (For the purpose of this
Ordinance said restrictions are attached and labeled "Attachment A
– Use 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 – Common Elements".
SECTION VII. SITE CONDOMINIUM PLANS.
A. The Premises 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 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 building sites may be reduced or consolidated
within the Premises 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 VIII. UTILITIES.
A. The Developer shall provide all necessary easements within
the Premises for telephone, electricity, gas and cable television
to the appropriate utility provider without cost. The Developer
shall also provide to the Township an easement(s) for future sewer
and water service to serve the Premises. 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.
B. The Developer shall be required to enter into a special
assessment agreement for the construction of sewer and water lines
to serve the Premises.
C. 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.
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 Premises provided the road is built to the following
specifications:
1. 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.
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 Premises shall meet the
specifications of the Township Engineer.
4. All private road(s) shall be sufficiently drained to
prevent stormwater runoff from causing soil erosion or
trespass onto adjoining property.
5. All private roads serving the Premises shall be posted
with street sign(s) stating the street(s) name(s). These
sign(s) shall be consistent with Kent County Road Commission
standards and requirements and shall be installed at Developer
cost.
6. The private road(s) 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 Premises. This "clear vision triangle" shall
be developed to the specifications established by the Kent
County Road Commission.
7. Complete maintenance of the private roads shall be the
responsibility of the condominium association.
8. Sites Numbers 1 and 6 shall have no direct access to
Laraway Lake Drive and shall be served by the internal private
road.
B. No combustible building materials 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.
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 Hansen,
supported by Board Member Boonenberg. 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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