PUD Ordinance - Fountain Estates #4 of 1991

CASCADE CHARTER TOWNSHIP

ORDINANCE #4 OF 1991

AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANCE AND ZONING MAP TO ESTABLISH THE FOUNTAIN ESTATES 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 D. Ray Fountain or his assigns (hereinafter referred to as the "Developer") for Planned Unit Development designation for the proposed Fountain Estates Site Condominium Project (hereinafter referred to as the "Premises" was recommended by the Cascade Charter Township Planning Commission for approval on March 18, 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 March 22, 1991.

SECTION II. LEGAL DESCRIPTION.

The legal description of the Premises is as follows:

That part of the W ½, Section 4, T6N, R10W, Cascade Township, Kent County, Michigan, described as: BEGINNING at the W ¼ corner of Section 4; thence N 00 degrees 34’ 22" W 156.73 feet along the West line of Section 4; thence N 89 degrees 34’ E 558.39 feet; thence S 00 degrees 26’ E 815.79 feet; thence S 89 degrees 34’ W 557.99 feet along the South line of the N ¼, SW ¼, Section 4; thence N 00 degrees 26’ 07" W 659.06 feet along the West line of Section 4 to the place of beginning. This parcel contains 10.450 Acres. Subject to and together with a 66 foot wide easement for ingress and egress and for underground utilities.

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 10.45 acres of land that is proposed to be developed into a site condominium project containing no more than three (3) building sites each containing not less than 3.1 acres. 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 Fountain Estates 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 three (3) 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 3,500 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

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, common elements, construction materials, size and space requirements, improvements and out buildings, specific prohibitions and rules of conduct shall be governed by the Premises "Condominium Bylaws" Exhibit A and shall become a part of this Ordinance. (For the purpose of this Ordinance said restrictions are attached and labeled "Attachment A – Condominium Bylaws").

With respect to the common elements of the proposed development, all maintenance, repair and replacement thereof shall be in accordance with the Master Deed. The Master Deed shall become a part of this ordinance with the document labeled and attached in the following manner: "Attachment B – Master Deed".

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. In the event that certain lots of the Premises are served with a new private street, 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.

B. No combustible building materials shall 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 Parrish, supported by Board Member Hansen. The roll call vote being as follows:

YEAS: Carpenter, Henning, Julien, Parrish, Hansen

NAYS: None

ABSENT: Boonenberg

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 27th day of March, 1991.

Brenda J. Henning

Cascade Charter Township Clerk

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