CHARTER TOWNSHIP OF CALEDONIA COUNTY OF KENT, MICHIGAN. at the Township and Village Hall, 8196 Broadmoor Avenue, Caledonia, Michigan on the

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1 First Reading CHARTER TOWNSHIP OF CALEDONIA COUNTY OF KENT, MICHIGAN At a regular meeting of the Township Board of the Charter Township of Caledonia, held at the Township and Village Hall, 8196 Broadmoor Avenue, Caledonia, Michigan on the day of, 2013, at 7:00 p.m. PRESENT: ABSENT: The following ordinance was offered by and supported by. ORDINANCE NO. 13- Z AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CHARTER TOWNSHIP OF CALEDONIA [Amendment No. 2 of the Cherry Valley Planned Unit Development (formerly John Lepard Planned Unit Development)] THE CHARTER TOWNSHIP OF CALEDONIA ORDAINS: WHEREAS, on August 19, 1998, the Township Board adopted Caledonia Township Ordinance No Z, establishing the John Lepard Planned Unit Development; WHEREAS, on July 17, 2001, the Township Board adopted an ordinance comprising Amendment No. 1 in the John Lepard Planned Unit Development; WHEREAS, on August 16, 2004, the Planning Commission adopted a resolution granting a special land use to authorize certain subdivision identification signs in the Planned Unit Development; WHEREAS, the Planned Unit Development, as originally established and as previously amended, consisted of Cherry Valley Woods, a site condominium subdivision and Cherry Valley Meadows, a condominium subdivision of attached and detached condominium dwellings; { }

2 WHEREAS, CVL Land Investments has applied for a second amendment in the Planned Unit Development in order to accomplish certain revisions therein, whereby the Planned Unit Development would consist of three condominium subdivisions, Cherry Valley Woods, Cherry Valley Meadows and Cherry Valley Trails, but with differing numbers of dwelling units and other proposed major changes; WHEREAS, in view of a change in the ownership of the undeveloped lands in the Planned Unit Development, it is desirable for convenience to change the name thereof to the Cherry Valley Planned Unit Development; and WHEREAS, the Planning Commission has held a public hearing on the requested Amendment No. 2 in the Planned Unit Development (PUD) and has recommended that the Township Board adopt the amending ordinance. Section 1. Amendments in Township Ordinance No Z, as Amended. Township Ordinance No Z, being the original John Lepard PUD Ordinance, and Amendment No. 1 of the PUD Ordinance, are hereby amended only in the respects specifically as stated in this Ordinance. All other parts of Ordinance No Z, Amendment No. 1, and the resolution for special land use approval for signage dated August 16, 2004, remain in full force and effect. Section 2. Terms and Conditions. The amending of the above stated Ordinance No Z, and Amendment No. 1 thereof, and the rezoning of the lands described in Ordinance No Z to the Planned Unit Development District, in accordance with the revised final development plan of the PUD (the Development ) is expressly subject to all of the following terms and conditions: { } 2

3 (a) Revised Development Plan. The Development shall comply in all respects with the development plan as previously approved by Ordinance No Z and Amendment No. 1, except (1) that the layout of streets and units within the area designated Cherry Valley Trail shall comply with the development plan dated May 14, 2013 for that portion of the Development; and (2) in those respects in which the overall plan may otherwise be modified or superseded by the terms of this Ordinance, in which case the Ordinance terms shall control. The final approved version of the development plan (the Plan ) shall be authenticated by the signature of the Township Supervisor and shall be subject to all of the terms and conditions of this Ordinance. For purposes of this Ordinance, the term Development shall include Cherry Valley Woods, Cherry Valley Trails, and Cherry Valley Meadows. Where provisions are made which are specific to one of the condominiums, that condominium will be expressly identified herein. (b) Land Uses. The Development shall be constructed and used only for residential purposes, and for the other permitted uses stated herein, as follows: Cherry Valley Woods shall consist of site condominiums, with one single family dwelling on each unit, as shown on the Plan. It may be constructed in two phases, and shall consist of 33 site condominium units. Cherry Valley Trails shall consist of 24 site condominium units, with one single family dwelling on each unit as shown on the Plan. It shall be constructed in one phase. (iii) Cherry Valley Meadows shall consist of conventional condominium dwellings as follows: 53 units with one single family dwelling on each unit; 14 attached condominium buildings, of two units each, for a total of 28 units; six buildings of three { } 3

4 attached condominium dwellings each, for a total of 18 units. In total, Cherry Valley Meadows shall consist of 99 dwelling units. The condominium buildings would be built, or are already existing, in three phases, as shown on the Plan. (iv) Including all phases, Cherry Valley Woods, Cherry Valley Trails, and Cherry Valley Meadows would have a total of 156 dwelling units, at full development. (v) Access to the Development shall be from 76th Street and Cherry Valley Avenue, as shown on the Plan. (vi) The dwellings in the Development shall have the minimum lot area, minimum lot width and minimum building setbacks shown on the Plan; provided, however, that the minimum front yard building setback in Cherry Valley Trails may be 30 feet. (vii) The detached dwelling units shall have at least the minimum floor area specified for the R-R District. The attached dwelling units shall have at least the minimum floor area specified for the R-3 District. (c) Streets and Sidewalks; Shared Driveway. The streets in the Development shall be private streets, and shall comply with all Township private street requirements, including established right-of-way of 66 feet in width. All streets shall be available for use of all residents within the Development. Access to all units in the Development shall be from the private streets, and no condominium unit shall have direct vehicular access to Cherry Valley Avenue or to 76th Street. (iii) Sidewalks shall be installed across the street frontage of the lots in the Development, as shown on the Plan. The sidewalk in front of each building in the { } 4

5 Development shall be installed not later than the completion of the building. Sidewalks shall be at least five feet wide and shall otherwise comply with Township sidewalk requirements. (iv) Black Cherry Way in Cherry Valley Trails shall be completed to connect the segments of that street extending from 76th Street and Cherry Valley Avenue. (v) A traffic calming feature as shown on the color renderings submitted to the Township in connection with the application for Amendment No. 2 shall be installed in Black Cherry Way near the South boundary of Cherry Valley Trails, as shown on the drawing submitted to the Township. (d) Storm Water Drainage. The developer of each phase of the Development shall prepare and submit to the Township a storm water drainage plan, subject to the approval of the Township Engineer, and in compliance with the Township Storm Water Ordinance. The use of the storm water drainage system in the Development and all other aspects of surface water drainage shall be accomplished so as to have no significant adverse effect upon the lands in the Development or upon adjacent or nearby lands or surface waters, by reason of erosion, pollution or otherwise. (iii) The developer of Cherry Valley Trails shall comply with other storm water drainage requirements as stated in the Township Engineer s letter of September 10, 2012, as applicable, and shall also comply with other requirements of the Township Engineer resulting from the Engineer s review of the applicant s storm water drainage plan, when submitted, and the developer of all other phases shall comply with all requirements of the Township Engineer pertinent to that phase. { } 5

6 (e) Water Supply, Sanitary Sewer Service and other Utilities. The Development shall be served by the public water supply system and the public sanitary sewer system, and the connections to such systems and other aspects of the on-site water and sanitary sewer systems shall comply with the Township Water System Ordinance and Sanitary Sewer System Ordinance. The Township Engineer has noted in his letter of September 10, 2012 that with respect to the existing Cherry Valley Meadows and Cherry Valley Woods, the Michigan Department of Environmental Quality (MDEQ) required that a public water main loop to the existing water main in 76th Street near, Highway M-37, prior to the connection of 108 water service connections in the Development, be constructed. The Engineer has also noted that the Development is currently served by a long dead-end water main, with about 63 dwelling units now connected. Prior to the connection of 108 or more service connections in the Development, the described water main loop shall be completed at no expense to the Township or other public authority, so as to assure greater water system reliability and water quality. The design, construction and installation of the water main loop shall be subject to applicable Township ordinance requirements and Township Engineer approval. (iii) A detailed water system plan and sanitary sewer plan shall be submitted for review by the Township Engineer and shall be subject to the Engineer s approval under the terms of the applicable Township ordinances. (f) Signage. Signage shall be as stated in Township Ordinance No Z, and as further permitted by the special land use resolution for additional signage approved by the Planning Commission on August 16, 2004, except that in addition, previously approved signage for the areas of Lots 1 and 23 in Phase 1 of Cherry Valley Woods may be installed, { } 6

7 subject to the approval of the Township Planner; and the sign as depicted on the photograph submitted with the application may be placed in the street island opposite Lot 2 of Cherry Valley Trails. (g) Fire Chief Review. The Township Fire Chief has preliminarily reviewed the plan for the Development, with respect to matters of public safety and emergency access, and also with respect to adequate water supply for fire protection purposes. In his correspondence of September 6, 2012, the Fire Chief notes that there is currently only one means of entrance to the North and the South from the Development for fire department vehicles, this being the existing entrances to the Development off Cherry Valley Avenue and 76th Street. As previously provided herein, the North and South segments of Black Cherry Way shall be connected by construction of that street through Cherry Valley Trails. Further, the Fire Chief notes that the only water supply for the Development for fire protection service and domestic use extends from Broadmoor Avenue, to the south of the Development; the Chief points out that if this connection failed or were impeded, the level of fire protection for the buildings in the Development would be greatly compromised. The Chief recommends that the public water system in the Development be connected as soon as possible to the north so as to allow for a water supply system loop, thus providing for greater reliability for sufficient fire protection water supply. { } 7

8 (h) Wetlands and Open Space. The Plan shows wetlands located in portions of Cherry Valley Woods and Cherry Valley Trails. Construction or similar activity with respect to the wetlands shall be subject to applicable state laws and regulations. While the 20% open space requirement of Section 15.5(g) continues to be satisfied, in view of the land area included in the nature preserve and park area, the revised Plan replaces a portion of former open space with Lots 1, 2 and 3 of Cherry Valley Trails. Section 15.5(j), which requires certain buffering of dwelling units, is satisfied for Cherry Valley Trails by Open Spaces A and B and the conservation easement that buffers the existing Cherry Valley Woods. (iii) The open space areas designated as Open Space A and Open Space B within Cherry Valley Trails shall remain in their natural state, and undeveloped and unimproved, except for passive recreational uses. The developer of Cherry Valley Trail shall include provisions in the condominium documents that will establish the areas as open space in perpetuity, and prohibit improvements and other development within such areas. (iv) That area designated conservation easement lying within Cherry Valley Trails and Cherry Valley Woods shall remain in its natural state, and vegetation shall not be removed there from except for dead or diseased vegetation. The condominium documents shall so designate these areas. (v) No trees with a circumference greater than 36 inches at a height two (2) feet above the ground shall be cut or otherwise removed or destroyed, except as necessary to construct approved roads, and buildings within the building footprints shown on the plan dated May 14, No vegetation shall be removed outside an area within 50 feet of the { } 8

9 edge of pavement of the roads, except for permitted utilities, driveways and dwellings in the locations shown on the plan dated May 14, Provisions to this effect shall be included in the condominium documents. Nature Preserve and Public Park. A significant portion of the Development is an existing nature preserve and park area, and accordingly this portion of the Development is subject to the provisions of Section 2(5) of Amendment No. 1 of the PUD. Such provisions require the conveyance of the nature preserve and park lands to the Township, in accordance with the voluntary agreement on the part of the original applicant. If all of such lands have not yet been conveyed to the Township or to other public agency satisfactory to the Township, the current applicant for Amendment No. 2 shall accomplish such conveyance, to the satisfaction of the Township and in compliance with the terms of Amendment No. 1 in the original PUD Ordinance. Amendment No. 1 also requires the original applicant to prepare and record restrictive covenants or condominium documents that establish the nature preserve and park area in perpetuity, and prohibit improvements and other development therein. The restrictive covenants or other documents are to be recorded and shall run with the land. If such covenants or comparable documents satisfactory to the Township have not been prepared or recorded, the current applicant for Amendment No. 2 shall do so. Such instrument shall be subject to the approval of the Township attorney prior to recording. Such covenants or other instruments shall be signed by all parties having an interest in the land comprising the nature preserve and park area. Other provisions with respect to the nature preserve and park area shall be as stated in Amendment No. 1 and the PUD. { } 9

10 (iii) A pathway across Open Space A in Cherry Valley Trails shall be constructed by the Developer of Nature Valley Trails for access to the nature preserve and park area. The pathway shall be available to all property owners in the Development. (j) Condominium Documents. The existing Master Deed, Condominium Bylaws, First Amendment to Master Deed and Second Amendment to Master Deed for Cherry Valley Meadows have been prepared with respect to the existing portion of the Development and have been recorded with the Kent County Register of Deeds. The Master Deed and Condominium Bylaws and First Amendment to Master Deed for Cherry Valley Woods have been prepared with respect to the existing portion of the Development and have been recorded with the Kent County Register of Deeds. (iii) The Master Deed and the Condominium Bylaws for Cherry Valley Trails have not been submitted and are subject to Township approval. (iv) Any changes in the existing condominium documents for Cherry Valley Meadows and Cherry Valley Woods necessitated by the revisions in these developments proposed by the applicant have not been submitted and accordingly remain subject to Township approval. (v) All aspects of the site condominiums and the multi-unit condominiums within the Development are subject to the provisions of Chapter XXIX of the Township Zoning Ordinance. Accordingly, the relevant site condominium documents are subject to review by the Planning Commission and approval by the Township Board under Sections 29.4, 29.5 and 29.6 of the Township Zoning Ordinance. Revisions of the existing site condominium project plan are subject to the major change provisions of Section The { } 10

11 conventional condominium plans and documents are subject to review by the Planning Commission and final approval by the Township Board under Sections 29.14, and Revisions in existing condominium project plans are subject to the major change provisions in Section (vi) Inasmuch as the new or revised condominium documents have not yet been submitted, the adoption of this Ordinance does not constitute approval of any such documents, including master deeds and condominium bylaws. The applicant shall prepare the necessary documents and submit them to the Township for review by the Township attorney, and they shall be subject to the attorney s approval, consistent with Chapter XXIX and the Michigan Condominium Act. (k) Certain Matters Covered by Previous PUD Ordinance. Except as otherwise stated in this Amendment No. 2, utilities, soil erosion and sedimentation control, garbage and refuse disposal, landscaping and street lighting, and other matters not specifically provided for in Amendment No. 2, shall be as stated in Township Ordinance No Z, as amended by Amendment No. 1. (l) Other Matters. All other aspects of the Development not covered by the terms and conditions of this Ordinance shall comply with the requirements of the R-R Rural Residential District. The findings by the Township Board and the provisions on enforcement of this Ordinance shall be as stated in Ordinance No Z. (iii) The name of the Development is hereby changed to the Cherry Valley Planned Unit Development. { } 11

12 Section 3. This Ordinance shall become effective seven days after its publication or seven days after the publication of a summary of its provisions in a local newspaper of general circulation. AYES: NAYS: ORDINANCE DECLARED ADOPTED. Bryan Harrison, Supervisor Charter Township of Caledonia Jennifer Christian, Clerk Charter Township of Caledonia First Reading: Second Reading: Ordinance becomes effective: I hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Charter Township of Caledonia at a regular meeting held on the date first stated above, and I further certify that public notice of such meeting was given as provided by law. Jennifer Christian, Clerk Charter Township of Caledonia { } 12