PUD Ordinance -
Heathmoor #8 of 1991
CASCADE CHARTER TOWNSHIP
Ordinance 8 of 1991
AN ORDINANCE TO AMEND THE CASCADE CHARTER TOWNSHIP ZONING ORDINANE,
BEING ORDINANCE 8 OF 1991, TO ESTABLISH THE HEATHMOOR PHASE III
CONDOMINIUM DEVELOPMENT PROJECT
CASCADE CHARTER TOWNSHIP ORDAINS:
SECTION I. AN AMENDMENT TO THE CASCADE CHARTER TOWNSHIP ZONING
ORDINANCE.
That the application received from B and A Development, or their
assigns (hereinafter referred to as the "Developer") for Planned Unit
development designation for the proposed Heathmoor Phase III
development (hereinafter referred to as the "Premises") was
recommended for approval by the Cascade Charter Township Planning
Commission on August 5, 1991. The Premises are recommended for
rezoning from its former zoning classification, PUD – Planned Unit
Development because of changes to the original concept plan, thereby
requiring this amendment to the Cascade Charter Township Zoning
Ordinance being Ordinance No. 11 of 1988, and Zoning Map to
incorporate the Planning Commission’s recommendation and the Cascade
Township Board’s action on August 28, 1991.
SECTION II. LEGAL DESCRIPTION.
The legal description of the property is as follows:
That part of the NE 1/4, Section 17, T6N, R10W, Cascade Township,
Kent County, Michigan, described as: BEGINNING at a point on the South
line of said NE 1/4, which is S 89 degrees 30’37"W 50.01 feet from the
E ¼ corner; thence S 89 degrees 30’37" W 609.25 feet along said South
line; thence N 40 degrees 50’ E 425.98 feet; thence N 89 degrees
30’37" E 180.0 feet; thence N 21 degrees 58’E 188.78 feet; thence S 83
degrees 30’ E 80.0 feet; thence Southerly 197.57 feet along the
Westerly line of Thornhills Avenue (100 feet wide) on a 1372.21 foot
radius curve to the left, the chord of which bears S 2 degrees 22’31"W
197.40 feet; thence S 1 degree 44’58" E 287.56 feet along said
Westerly line to the place of beginning. This parcel contains 3.844
Acres.
SECTION III. GENERAL PROVISIONS.
The following provisions shall hereby apply to the aforementioned
Premises in addition to any other provisions so specified in the
Cascade Charter Township Zoning Ordinance (Ordinance No. 11 of 1988).
SECTION IV. PURPOSE AND INTENT.
The Premises occupies a 3.844 acre tract of land that may be
developed in phases over a period of five years. The Premises shall
not contain more than 11 residential dwelling units that will be sold
as individual condominiums.
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
the development with adjacent land uses and the natural environment;
to permit flexibility in the regulation of land development; and to
encourage the provision of useful open space.
The provisions of this Ordinance are not intended as a substitute
for more specific requirement contained in 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.
SECTION V. PERMITTED USES.
For land and buildings, the permitted uses for the Premises shall
be limited to single family residential units.
SECTION VI. DESIGN STANDARDS.
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
residential dwellings for Heathmoor Phase III be limited to 11
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 - The minimum gross floor area for each
residential dwelling unit shall be 2,000 square feet, with a
minimum of 1,400 square feet on the first floor.
D. Minimum Parking Requirements – Each residential dwelling
unit shall have provided 2.5 parking spaces with a minimum of two
(2) enclosed off-street parking spaces per dwelling unit. The use
of outside parking areas for the storage of campers, mobile homes,
trailers, snowmobiles, recreation vehicles, boats, or commercial
trucks is prohibited.
E. Minimum Setback and Spacing Requirements – All buildings and
structures (except signs) shall adhere to the following setback
requirements:
1. a) Front – 25 feet from edge of paved road
b) Rear – 25 feet from property line
c) Between building and structures – 20 feet
2. The setback and spacing requirements may be reduced by
the Planning Director by 10 feet if the reduction will:
a) Save trees which are a minimum diameter of 20 inches
b) The reduced setback will cause grade changes of less
than 2 feet.
F. Stormwater Drainage - The Premises shall be designed to
maintain stormwater drainage at pre-development rates. All
proposed stormwater drainage facilities shall be reviewed and
approved by the Township Engineer and the Kent County Drain
Commissioner prior to development of the Premises.
G. Exterior Lighting – The Developer shall provide street
lighting within the Premises at his expense. All street lighting
shall be consistent with Section 19.09 of the Zoning Ordinance.
SECTION VII. PRIVATE ROAD CONSTRUTION REQUIREMENTS.
A. The Developer shall submit a road construction, maintenance
and pavement plan. The Developer may establish a private road with
a minimum width of 20 feet to serve the Premises provided the road
is built to the following specifications:
1. The private road shall be served by a paved road built
to the construction standards of the Township Engineer. The
private road must lie within a 66 foot wide right-of-way
easement.
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 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 may 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.
C. The developer shall install an entrance flair onto the
Premises to facilitate southbound turning movements onto the
Premises. The entrance flair shall be a minimum of 120 feet in
length.
SECTION VIII. TEMPORARY BUILDINGS.
No structure of a temporary nature; trailer, tent, or construction
shack shall be constructed, placed or maintained on the Premises
except accessory to and during construction of a permanent building.
SECTION IX. BUFFERYARD AND LANDSCAPING REQUIREMENTS.
A. Minimum Bufferyard and Landscape Requirements - For the
purposes of screening the Premises the Developer shall provide
bufferyard and landscaping materials consistent with the following
requirements setforth below:
1. The Premises shall be surrounded by a 25 foot wide
bufferyard consisting of the present tree and vegetative
growth. Should the present trees and other vegetative growth,
along the east and south property lines, need to be removed as
a result of development, they shall be replaced with the
following minimum number of landscape materials per 100 linear
feet: 3 canopy trees; 6 understory/evergreen trees.
2. A minimum 25 foot wide landscape screen shall be installed at
the locations identified on the site plan by the Planning Director.
The landscape screens shall contain the following minimum number of
landscape materials per 100 lineal feet by the developer: 2 shade
trees; 2 ornamental trees and 4 evergreen trees.
3. The developer shall install at least two canopy trees
and one understory tree between each residential unit and the
golf course. The trees may be located in a manner to maintain
reasonable scenic views of the golf course.
4. All present trees with a 20 inch diameter or larger
shall not be cut or removed from the Premises unless the
Planning Director or Township Engineer determines any of the
following conditions apply:
a. The affected tree lies within five (5) feet of the
proposed centerline of the sanitary sewer or water line and
causes substantial problems in connecting sewer and water
lines to condominium units.
b. The affected tree if left standing would cause the
development final grade or elevation problems that would make
access hazardous for pedestrians and motor vehicles or cause
potential stormwater drainage problems.
c. The affected tree is severely damaged, diseased or dead.
B. Minimum Plant Material Requirements.
1. For the purposes of this development all landscaping
materials shall meet the minimum size standards setforth in
Section 20.05 of the Cascade Charter Township Zoning
Ordinance.
2. All plant species listed in Section 20.11 of the Cascade
Charter Township Zoning Ordinance shall not be credited as
meeting the landscape requirements contained in this
Ordinance.
C. Other Landscape Requirements -
1. Landscaping shall be installed within ninety (90) days of
completion of each phase, or unless permitted in writing by the
Planning Director at a later date.
2. All landscaping shall be hardy plant materials and maintained
thereafter in a neat and orderly manner. Withered and/or dead plant
materials shall be replaced within a reasonable period of time but no
longer than one growing season.
3. Where appropriate, plantings should be grouped or clustered to
provide the maximum visual effect.
4. All trees lying in construction areas which are intended to
remain on site after development shall be protected from construction
development activity. Fencing shall be installed around the drip line
of each tree to protect tree and tree root damage.
5. Prior to the development of the Premises the developer
shall submit to the township an earth grading plan and a tree
inventory plan. The earth grade plan shall show what elevation
changes are being proposed as well as show which areas will be
cut and filled to achieve final building grades. The tree
inventory plan shall show all trees that are 20 inches or
larger that lie within a utility easement, building footprint,
driveway, or private road right-of-way. The plan shall
indicate which trees are proposed for removal and which are
proposed to remain.
SECTION X. MISCELLANEOUS DEVELOPMENT REQUIREMENTS.
A. The applicant 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 site.
This plan shall be reviewed and approved by the Township Engineer
prior to commencing any building on the site.
B. The Township Planning Department shall receive copies of all
correspondence and permits from the Kent County Drain Commissioner
regarding storm water disposal.
C. The Developer shall amend the Master Deed for the Premises
so that it states the total number of units in the Heathmoor
Condominium Development shall not exceed 50 units. The Developer
shall provide the Township with a copy of the revised Master Deed.
SECTION XI. WATER AND SEWER.
A. All buildings within the Premises shall be served with
public water and sewer at the Developer’s expense. The
construction plans for the connection of public sewer and water
shall be approved by the Township Engineer and the City of Grand
Rapids prior to installation.
B. The developer shall install fire hydrants in locations
prescribed by the Township Fire Marshal and Township Engineer. A
location site plan shall be filed with the Planning Director
showing these approved locations prior to development of the
Premises.
C. All septic tanks on the Premises shall be disconnected from
use. The septic tanks shall either be removed from the Premises or
filled with an inert material to discourage use.
SECTION XII. PERFORMANCE GUARANTEE.
To insure compliance with this Ordinance and any conditions herein,
Cascade Township may require reasonable performance guarantees, as
authorized under Section 14.07 of the Cascade Charter Township Zoning
Ordinance and the Township Rural Zoning Enabling Act to insure
completion of improvements such as, but not limited to, landscaping,
drainage, lighting, roads and utilities.
SECTION XIII. MASTER DEVELOPMENT PLAN, PHASING.
The Premises shall conform in as much as reasonably possible to the
mater development plan approved by the Township Board and signed by
the Township on August 28, 1991. In the event the Developer elects to
develop the Premises in separate distinct phases he shall be required
to submit site plans of each phase. The Planning Commission shall
review and approve these plans prior to the construction of the
intended phase to insure consistency with the master development plan.
This review shall be conducted at no monetary charge to the Developer,
provided that no amendment or variance to this Ordinance or the
Cascade Charter Township Zoning Ordinance is required.
SECTION XIV. 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 Member4 Hansen,
supported by Board Member Boonenberg. The roll call vote being as
follows:
YEAS: Boonenberg, Carpenter, Champion, Hansen, Julien and Parrish.
NAYS: None
ABSENT: Henning
Marlene Kleinheksel
Cascade Charter Township Deputy 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 August, 1991.
Marlene Kleinheksel
Cascade Charter Township Deputy Clerk
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