Planning commission schedules April 7 hearing to consider rezoning 1701 Spalding after developer failed to complete PUD commitments

Cascade Charter Township planning staff told the Planning Commission on March 10 that many elements of Planned Unit Development No. 97, approved in 2017 for 1701 Spalding, were never fulfilled by the developer, and the commission voted to set a public hearing for April 7 to consider rezoning the parcel back to its original agricultural/rural conservation zoning.

At the meeting, Speaker 3 summarized staff findings and said a confidential legal opinion recommended handling the matter as a township-initiated rezoning. "Many elements of the original planned unit development adopted in 2017 were never fulfilled by the developer," Speaker 3 said, and staff "found that the best way to do this was just to handle the rezoning of the property back to the original zoning in the same way that any rezoning would happen."

Staff identified the property as Planned Unit Development No. 97 and said the prior applicant has withdrawn; staff had not reached the property owner but will provide legal notice and attempt direct contact. Speaker 3 told commissioners the parcel is approximately 32 acres and that township engineering will inspect the site to identify any sediment or environmental issues that should be addressed before further development.

Speaker 1 asked staff to expand the property-notification radius from 300 feet to 900 feet; Speaker 3 and others confirmed the township will notify nearby residents and contact the active neighborhood association. Speaker 3 said a public notice had been drafted and would be sent by the end of the week to meet notice requirements.

After discussion, Speaker 2 moved to set the public hearing for April 7 on the 1701 Spalding zoning map amendment; Speaker 3 seconded and the presiding speaker called the vote. The commission recorded approval: "Hearing is set."

The planning commission will hear public comment at that April 7 meeting and then make a recommendation to the township board; staff said a resolution to effect the rezoning would be introduced later in April and could be adopted in May if the board acts on the recommendation. Until then, staff said the township would treat the parcel as reverting to its pre-PUD zoning status for planning and enforcement purposes.

The legal opinion that staff referenced was described as confidential and was not included in the meeting packet; staff committed to following legally required notice procedures to the property owner and neighbors. The April 7 hearing will be the next formal opportunity for residents to weigh in and for commissioners to record findings and a formal recommendation.