Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rezoning topic
No spam. Unsubscribe anytime.
Planning commission recommends rezoning for 1701 Spalding after neighbors raise cleanup and easement concerns
Summary
The commission voted to recommend reverting the expired PUD 97 at 1701 Spalding Avenue back to ARC zoning, while neighbors urged conditions including removal of a paved path, termination of a claimed easement, remediation of cleared land and tree plantings.
The Cascade Charter Township Planning Commission voted April 7 to recommend that the township board rezone 1701 Spalding (previously approved as PUD 97 in 2017) back to its original ARC designation after staff and legal review found the PUD had expired and required elements were not implemented.
Staff told the commission that PUD 97 had expired because required development steps were not completed and that substantial elements of the planned development — roads, buildings and infrastructure — were not constructed. "We did find that the PUD was expired, and that reverting back to the original zoning before the planned unit development was the best move to just have a clean slate on this property," a staff member said.
Public commenters urged stronger conditions and enforcement before future approvals. Neighbor AJ Basheira, who said he lives at 4810 Cavalcade, asked the township to require removal of a 729-foot paved path that bisects private yards, to terminate a legal easement he said has not been maintained, and to require significant tree plantings to create a natural buffer. "We want to see this easement terminated. The landowner has not held up to their end of the bargain," Basheira said.
Staff and legal counsel said enforcement of unpermitted land-moving and soil-erosion violations typically rests with the county and that citation through the civil-infraction process would be required for enforcement. Staff added that the planning commission itself cannot unilaterally force cleanup of private property but can consider violations when evaluating future applications and can recommend the township board or county pursue enforcement.
Commissioners discussed options to condition future approvals — for example, requiring removal or maintenance of the existing path, higher surety deposits, or staging development — but staff said these options depend on legal review of recorded easements and applicable citations. Staff committed to reviewing the easement documentation and returning with a recommendation.
After public comments and follow-up discussion, the commission moved to recommend rezoning the parcel from PUD to ARC under section 16.082 of the Cascade zoning ordinance, noting the township board had requested the rezoning and that the applicant failed to fulfill PUD requirements or commence construction within a year. The motion carried unanimously.
Next steps: staff will review easement records and enforcement options and report back to the commission; the recommendation will proceed to the township board for final action.
