Allendale Charter Township
City Zoning Code
City Zoning Code
ARTICLE 12
PUD Planned Unit Development District
§ 470-12.01 Intent.
A Planned Unit Development (PUD) zone is intended to allow substantial flexibility in planning and designing a project. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. Through proper planning and design, each planned unit development should include features which further, and comply with, the following objectives:
To allow on the same site uses, structures, facilities, housing types and open space in a manner compatible with each other and with existing and planned uses on nearby properties.
To allow for development to achieve better utilization of property than is possible through strict application of standard zoning and subdivision controls.
To encourage property development and re-development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic conditions, and does not adversely affect wetlands, floodplains, the natural drainage pattern, and other natural site features.
To promote the efficient use of property resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources.
To promote creativity in design and construction techniques.
To provide for the regulation of legal property uses not otherwise authorized within this chapter.
To provide for single or mixed use developments that advance and are consistent with the goals and objectives of the Allendale Charter Township Master Plan.
To promote the principles of neo-traditional design which include smaller lots, shorter building setbacks, alleys, street trees, street lights, sidewalks, and civic open space and parks to create a sense of community and opportunities for interaction among neighbors.
§ 470-12.02 PUD authorization.
A Planned Unit Development zoning district may be approved by the Township Board after receiving a recommendation from the Planning Commission in any location within Allendale Township in accordance with the procedures, regulations and standards of this chapter. Approving a PUD rezoning application shall require an amendment of the Zoning Ordinance and Zoning Map.
§ 470-12.03 Qualifying conditions.
[Amended 1-13-2014 by Ord. No. 2014-2]
Minimum size. The property proposed for rezoning to PUD shall consist of a minimum of three contiguous acres although the Township Board after receiving a recommendation from the Planning Commission may approve a PUD with less than three acres is not a means to circumvent the Zoning Ordinance development standards and procedures which would normally apply to the proposed use and that the PUD will satisfy one or more of the following standards:
The PUD proposes amenities which are not typically provided by uses allowed on parcels of less than three acres in the zoning district recommended by the Master Plan or by similar existing uses in the Township;
The PUD will result in a living environment which is more or equally desirable than if the PUD were to be built on a site of three acres or more.
The PUD could not be built without some modification of the standards of the underlying zoning district recommended by the Master Plan as they apply to the proposed parcel and the proposed use and design of the development are not typical of the uses which would otherwise by allowed in the zoning district recommended by the Master Plan.
Common ownership. The property proposed for rezoning shall be under unified ownership or control such that there is one person, group of persons or legal entity having responsibility for the completion and outgoing maintenance of the development in compliance with this chapter. This requirement for unified ownership or control shall not prohibit a transfer of ownership or control for the entire PUD or individual properties within the PUD provided that all requirements approved by the Township Board continue to be met and there is still unified control for the development and operation of the PUD as required by the chapter.
§ 470-12.04 Permitted uses.
[Amended 1-13-2014 by Ord. No. 2014-2]
The use or uses of land permitted within a PUD shall be in accordance with the uses allowed for that zoning district recommended by the current Master Plan of Allendale Charter Township for the parcel or parcels requested for PUD rezoning.
However, the Township Board (the Board), after receiving a recommendation from the Planning Commission, may permit other land uses not otherwise permitted in that zoning district recommended by the Master Plan if, in the opinion of the Board, the other uses; complement and are compatible with the permitted uses; are not the primary use of the property; are compatible with nearby existing and permitted land uses; and meet the intent of the PUD chapter and the intent of the Master Plan.
The Board shall base this determination on how well the other proposed property uses satisfy the objectives of this article; how well the operational characteristics, building design and effects of the other proposed uses are compatible with the permitted uses of the underlying zone and the existing and proposed property uses nearby; and how well the other proposed property uses meet the intent of the Master Plan.
§ 470-12.05 Development requirements for all PUD's.
[Amended 1-13-2014 by Ord. No. 2014-2; 10-12-2020 by Ord. No. 2020-4]
Modification of zone requirements. The lot area, lot width, building height, setback and yard requirements, general provisions, signs, landscaping and screening requirements, lighting and parking regulations contained in this chapter for the zoning district recommended by the Master Plan shall be met except that the Township Board, after receiving a recommendation from the Planning Commission, may modify these regulations in order to achieve the objectives of this article. In making its recommendation and its decision respectively, the Planning Commission and Township Board shall each consider the following standards:
Whether the modification requested will result in a development which better satisfies the intent and objectives of this chapter.
The modification will be compatible with adjacent existing and future property uses and will not significantly adversely affect the use and enjoyment of nearby property.
The modification will result in the preservation of existing vegetation or other natural features on site.
The modification is necessary due to topography, natural features or other unusual aspects of the site.
The modification will improve or not impede emergency vehicle and personnel access on the site.
The modification will improve or not impede safe pedestrian circulation on the site.
The modification will result in safe traffic movement on the site and at ingress and egress points to the site, will not result in visual blight, distraction, or clutter, and will otherwise promote the public health, safety and general welfare.
Private roads. Private roads within a PUD shall conform to the private road requirements of this chapter. The Planning Commission and Township Board however, may modify the requirements for private roads in accordance with the intent of this article and if the Planning Commission and Board determine that the standards in § 470-12.05A above are met.
Utilities. Public water and sewer service shall be provided to all PUDs according to the requirements of § 405-23A(7) of Chapter 405, Subdivision of Land of the Allendale Charter Township Code, as amended. Stormwater management shall comply with the requirements of Allendale Charter Township and other applicable county or state requirements.
§ 470-12.06 Development requirements for PUD's with residential uses.
[Amended 10-28-2013 by Ord. No. 2013-19; 1-13-2014 by Ord. No. 2014-2; 8-22-2022 by Ord. No. 2022-07; 11-25-2024 by Ord. No. 2024-06; 1-27-2025 by Ord. No. 2025-02]
For Planned Unit Developments which will devote all or a portion of the site to residential use, the following requirements shall apply in addition to the requirements of § 470-12.05.
Formula to determine base number of dwellings in a single-family residential development.
Parallel plan. The base number of dwelling units permitted within a Single-Family PUD shall be determined through the completion and submission of a parallel plan. The parallel plan shall satisfy the following requirements:
The parallel plan shall contain enough detail to permit the Township to evaluate the feasibility of development for each lot or site and each dwelling unit in the PUD.
The parallel plan shall be drawn to comply with the requirements of the underlying zoning district, particularly with respect to access, lot area, lot width, density, lot coverage, setbacks, dwelling unit sizes and other applicable provisions of the underlying zoning district.
All lots or sites shown on the parallel plan shall be buildable, which, for the purposes of this section, shall mean lots or sites that have an area of sufficient size and shape to accommodate the proposed principal building, required driveways, streets or other means of permitted access, and stormwater detention or other means of stormwater control. The infrastructure used to control stormwater within the parallel plan shall be the same method used within the Base Single-Family PUD Plan and Final PUD Site Plan. Areas of wetlands, water bodies, and other such areas shall be considered unbuildable but may be included in the lot or site calculations if the lot or site has sufficient other areas to accommodate any proposed improvements.
The resulting acreage is the Net Development Acreage (also referred to as "Net Site Area," as defined by this chapter) or Parallel Plan, which excludes existing and proposed public or private right-of-ways.
Base single-family PUD plan. The Base Single-Family PUD Plan shall be permitted the same number of lots or sites resulting within the Parallel Plan. However, the Base Single-Family PUD Plan shall contain the minimum open space required by § 470-12.06E. Subsequently, the lots or sites may be reduced in area or width or both from the Parallel Plan.
Additional dwellings.
Additional dwellings beyond what is allowed above may be permitted at the discretion of the Township Board following a recommendation by the Planning Commission if the development provides amenities or preserves additional open space or both which would result in a significant recognizable benefit to the Township and residents of the PUD. The minimum lot width, depth, and area of the proposed additional dwellings shall be at the discretion of the Township Board based on:
The overall character of the proposed development.
The amenity and or open spaces proposed.
The design mechanisms within the development to minimize conflict with adjacent uses.
Whether the resulting development is consistent with the Township Master Plan.
The area dedicated to the amenity or additional open space shall each be an area no less than the average lot size and average lot width within the development, as established in the Net Development Acreage (Parallel Plan).
The minimum open space required by § 470-12.06E of this chapter shall be provided separately from additional open space for the purpose of additional dwellings.
Examples of amenities which could be added to a PUD so it may be eligible for consideration for additional dwelling units shall include one or more of the following items as well as similar items:
Provision of recreational facilities such as playground areas with play equipment, ball fields, golf course, bike path, man-made lake, and community building or similar recreation facilities.
Additional landscaping to preserve or enhance the view along the roadway.
Enhancement of existing wetlands, subject to applicable regulations.
Provision of additional unique open space or mature stands of trees which would be of recognizable benefit to Allendale Township residents.
Provision of additional open space off the PUD site but within the Township which would be of benefit to Allendale Charter Township by adding property for recreational opportunities, adding property to existing Township owned property, or allowing for the preservation of property along the Grand River or other natural area.
Formula to determine base number of dwellings in a two-family or multiple-family residential development.
Base PUD Plan. No Parallel Plan is required for a Two-Family or Multiple-Family PUD. The Base PUD Plan shall be based on:
The Net Development Acreage (also referred to as "Net Site Area," as defined by this chapter, which excludes existing and proposed public or private right-of-ways) to calculate the maximum average density.
In the event there is no public or private right-of-way internal to the site, the Net Development Acreage shall also exclude internal shared drives that serve as the main access point to each individual building driveway.
The Base Two-Family PUD Plan or Multiple-Family PUD Plan shall contain the minimum open space required by § 470-12.06E, as applicable.
Density.
The maximum average density for dwellings or bedrooms in a Two-Family or Multiple-Family PUD shall generally be the density as set forth in the Residential Density Table at the time the application for the PUD approval is submitted to the Township. The Planning Commission shall have the discretion to recommend to the Township Board the density and number of dwellings or the number of bedrooms that should be permitted in the PUD based upon the Master Plan classification recommended for that area. The Planning Commission shall base its recommendation on the following standards:
The impact that the number of occupants allowed by either of the density options will have on nearby existing land uses, roads, public utilities and services.
A determination regarding which of the density options and the number of dwellings or bedrooms allowed by that option is most compatible with the recommendations for the nearby area as set forth in the Master Plan.
The Township Board, after receiving a recommendation from the Planning Commission, may choose to allow fewer dwellings or bedrooms than recommended by the Planning Commission if, in the opinion of the Township Board, a reduction in the number of dwellings or bedrooms recommended would better achieve the intent and standards of this article. In making this determination the Township Board shall also consider the standards above utilized by the Planning Commission contained in this subsection.
The type and placement of the dwellings proposed, however, shall be subject to the approval of the Township Board after receiving a recommendation from the Planning Commission.
Residential Density Table | |
|---|---|
Master Plan Classification | Maximum Average Density |
Agricultural and Residential Estate | 0.75 dwelling unit per net development acre |
Low Density Residential (LDR) | 2.175 dwelling units/net development acre |
Moderate Density Residential (MOD) | For single family detached dwellings: • 3.26 dwelling units per net development acre with public sanitary sewer • 2.175 dwelling units per net development acre w/o sanitary sewer |
Medium Density Residential (MDR) | For two family dwellings: • 5.025 dwelling units per net development acre with public sanitary sewer • 9,000 sq.ft./two family dwelling regardless of bedrooms per dwelling unit Public sanitary sewer and water required For Multiple Family Dwellings: • 15 bedrooms/net development acre Public sanitary sewer and water required |
High Density Residential (HDR) | For two family dwellings: • 9,000 sq. ft./two family dwelling regardless of bedrooms per dwelling unit Public sanitary sewer and water required For Multiple Family Dwellings: • 27 bedrooms/net development acre Public water and sewer required |
Additional dwellings and bedrooms.
Additional dwellings and bedrooms beyond what is allowed above may be permitted at the discretion of the Township Board following a recommendation by the Planning Commission if the development provides additional amenities or preserves additional open space which would result in a significant recognizable benefit to the Township and residents of the PUD. The Planning Commission and Township Board shall consider the amenity and or open spaces proposed, the design mechanisms within the development to minimize conflict with adjacent uses, whether the resulting development is consistent with the Township Master Plan, meets the intent provided within § 470-12.01, and meets the standards for approval within § 470-12.08 of this chapter.
For amenities or additional open space provided for the purpose of additional dwellings or bedrooms, the area dedicated to the amenity or the open space shall each be an area no less than the total square feet of the average dwelling area within the development.
The minimum open space required by § 470-12.06E of this chapter shall be provided separately from additional open space for the purpose of additional dwellings.
Examples of amenities which could be added to a PUD so it may be eligible for consideration for additional dwelling units shall include one or more of the following items as well as similar items:
Provision of recreational facilities such as playground areas with play equipment, ball fields, golf course, bike path, man-made lake, and community building or similar recreation facilities.
Additional landscaping to preserve or enhance the view along the roadway.
Enhancement of existing wetlands, subject to applicable regulations.
Provision of additional unique open space or mature stands of trees which would be of recognizable benefit to Allendale Township residents.
Provision of additional open space off the PUD site but within the Township which would be of benefit to Allendale Township by adding property for recreational opportunities, adding property to existing Township owned property or allowing for the preservation of property along the Grand River or other natural area.
Rules applying to two-family residential, multiple-family residential, and commercial with residential PUDs.
If the property requested for PUD rezoning has more than one Master Plan land use classification the number of dwelling units or bedrooms allowed for each zone corresponding to the Master Plan classification shall be computed separately to determine the total number of dwellings or bedrooms allowed for the entire proposed PUD site. The placement of the dwellings shall be subject to the approval of the Township Board following a recommendation from the Planning Commission during review of the PUD site plan.
Property requested for PUD rezoning devoting a portion of the site to residential use identified on the Master Plan Map as General Commercial or Service Commercial.
If the property requested for PUD rezoning devotes a portion of the site to residential use and is identified on the Master Plan Map as General Commercial or Service Commercial, the Net Development Acreage may be multiplied by the Maximum Average Density for either the Medium Density Residential or the High Density Residential Master Plan classification within the Residential Density Table, as determined appropriate by the Planning Commission. The Planning Commission shall make its determination based on, but not limited to, the following criteria.
The density of surrounding residential uses.
The types of surrounding uses.
The type of residential use proposed in the PUD.
The intended layout of the commercial and residential portions of the PUD related to surrounding properties and uses.
Whether the residential and commercial portions of the PUD complement and serve each other.
Abutting zoning districts and permitted uses.
Abutting master plan classifications and potential uses.
That portion of the PUD devoted to residential use shall calculate its Net Development Acreage based on only the area dedicated to the residential portion of the PUD. In no instance shall more than 50% of the PUD area be devoted to residential use.
Minimum required open space requirements for Residential PUD's. For a planned unit development which will devote all or a portion of the site to residential dwellings, dedicated open space shall be provided according to the following requirements. Dedicated open space which is not contiguous to the proposed PUD property shall not be considered as dedicated open space except as may be permitted by § 470-12.06C.
A mixed-use PUD (one that include both residential and non-residential uses) shall provide and maintain a minimum of 20% of that portion of the PUD site acreage devoted to residential use (including any property occupied by commercial and office buildings with residential uses) as preserved dedicated open space in accordance with the standards of this article. The Township Board, after receiving a recommendation from the Planning Commission, may approve a lesser amount of dedicated open space if it is clear that the proposed PUD substantially meets the intent of the dedicated open space requirement as set forth in § 470-12.06E(5).
Uses listed in § 470-23.06 being multi-family, townhouses, and mobile home developments designed for 25 or more dwellings or two-family developments with 25 or more dwellings, shall comply with the open space and other requirements set forth in § 470-23.06. For purposes of this section, "dedicated open space" shall mean that portion of a PUD which is permanently preserved in an undeveloped state through an open space preservation agreement as required herein.
Single family developments of any number of dwellings, or developments being single-family, two-family, multi-family, townhomes, or mobile home developments in combination of or individually, designed for less than 25 dwellings, shall provide at least 20% of the net site area as open space.
Areas not counted as open space.
The area within all public or private road rights-of-ways.
The area within a platted lot, site condominium unit, or metes and bounds parcel occupied or to be occupied by a dwelling unit, a nonresidential building or any similar principal building.
Off-street parking area.
No more than 50% of the required open space may include floodplains, slopes with a grade of more than 33%, wetlands, creeks, streams, existing and proposed ponds, detention or retention ponds, lakes, or other bodies of water.
Standards for open space. The following standards shall apply to the dedicated open space required by this section:
Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, and wetlands.
The open space may include a recreational trail, picnic area, children's play area, community building, a building used to house equipment for maintaining the dedicated open space or other use which, as determined by the Planning Commission, is substantially similar to these uses. These uses, however, shall not utilize more than 50% of the dedicated open space.
Dedicated open space areas are encouraged to be linked with any adjacent open spaces, public parks, bicycle paths or pedestrian paths.
The dedicated open space shall be available for all residents of the development, subject to reasonable rules and regulations and shall be reasonably accessible to the residents of the open space development. Safe and convenient pedestrian access points to the dedicated open space from the interior of the site shall be provided. All open space shall be accessible to the occupants of the development and such access shall be clearly identifiable by the occupants therein throughout the entire year through landscaping, signage, or other improvements above grade level.
If the property contains a lake, stream or other body of water, the Planning Commission may require that a portion of the dedicated open space abut the body of water.
Grading in dedicated open space areas shall be kept to a minimum.
Methods to preserve dedicated open space. The applicant shall provide an open space preservation and maintenance agreement to the Township Board stating that all dedicated open space portions of the development shall be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in title to commitments made as part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the property uses continue as approved in the PUD plan, unless an amendment is approved by the Township Board. The agreement must be acceptable to the Township Board and may consist of a recorded deed restriction, covenants that run perpetually with the property or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980 as amended. The legal instrument shall:
Indicate the proposed permitted use(s) of the dedicated open space.
Identify the parties who have an ownership interest in the dedicated open space. The owners of property which is within the PUD by virtue of an association or other similar entity shall at all times maintain an ownership interest in the dedicated open space.
Require that the open space be maintained and controlled by parties who have an ownership interest in the dedicated open space.
Provide standards for scheduled maintenance of the open space, including periodic removal of underbrush to reduce fire hazard and the necessary pruning and harvesting of trees and new plantings.
(Reserved)
Private road connections to adjacent property. A private road may be required to be extended to the adjacent property line by the Township Board after receiving a recommendation from the Planning Commission. Such recommendation shall be based on both of the following criteria:
The road extension is a logical method to achieve the safe and efficient movement of vehicles and pedestrians between adjoining properties. In making this determination the Planning Commission shall consider the likelihood of the adjacent property being developed, whether the natural site features on the adjacent property preclude or make it very difficult to extend the private road and if the adjacent property is already developed so as to prevent the extension of the private road.
The road extension would not result in future traffic from off-site creating unsafe situations for the residents or owners of the proposed development.
If such a connection is required the applicant shall, at the applicant's sole cost and expense:
Construct the road to the adjacent property line at the time that the private road is built; or
Illustrate the location of the future road on the approved PUD site plan and record an agreement to construct the road connection as shown on the plan when the adjacent property develops and the Planning Commission determines the necessity of the road connection.
At the applicant's sole cost and expense, the applicant shall also grant and record an access easement to allow adjoining properties to utilize the future road for uninterrupted movement of vehicles and pedestrians.
Regardless of the aforementioned, the applicant shall provide an easement, which could be one and the same as those described above, for the purpose of emergency access by fire, police, ambulance, and other related emergency service providers. The easement shall be granted to the Township and in sole control of the Township for this purpose. The Township may construct future connection to adjacent property at any time and by any means necessary.
Wetland determination. The determination of the existence and the extent of wetlands and floodplain areas on a parcel shall be demonstrated to the satisfaction of the Planning Commission through written documentation by the Michigan Department of Environment, Great Lakes, and Energy or successor agency, or by an analysis performed by an environmental professional qualified to make such determination and deemed acceptable to the Planning Commission.
§ 470-12.07 Dedicated open space requirements for nonresidential uses.
[Added 1-27-2025 by Ord. No. 2025-02]
A PUD which proposes nonresidential uses (such as commercial) shall provide dedicated open space, as defined in § 470-12.06E, for the commercial portion in the form of civic space such as a central green for sitting, viewing or small outdoor events, or provide objects or areas of interest such as a fountain or plaza, or provide rain gardens or other bio-retention areas for the purpose of stormwater detention which shall also function as a visual amenity.
Open space areas shall be designed and arranged to contribute to the attractiveness and function of the proposed development and shall, insofar as reasonably possible, be interspersed throughout the site. At least one dedicated open space area shall be a central green, plaza or square which is to function as a focal point for the non-residential portions of a PUD and shall serve as an area where social, civic or passive activities can take place. This area shall contain at least 3,000 sq. ft. or be of sufficient size and design to serve as a visual and functional civic amenity for sitting, viewing, dining, or other similar outdoor activity and which, in the opinion of the Planning Commission, satisfies the intent of this subsection.
§ 470-12.08 Procedures.
[Amended 1-22-2018 by Ord. No. 2018-1; 1-27-2025 by Ord. No. 2025-02]
STEP 1 Pre-Application Conference.
Before submitting a formal application for a PUD rezoning the applicant shall meet with the Zoning Administrator who may request the attendance of the Township Planner or Township Engineer at this meeting. The applicant may provide a conceptual drawing or other information about the development or property.
The purpose of this meeting is to explain the PUD site plan design and review process to the applicant along with Township site development requirements in order to assist the applicant in preparing a site plan for review by the Planning Commission.
No formal action will be taken at a preapplication conference nor will any statements made at the pre-application conference be considered legally binding commitments.
STEP 2 Submit PUD Application.
Following the pre-application conference, applicants seeking approval of a PUD rezoning shall submit a complete application for review to the Township offices. Such application shall include the following:
A completed application form.
Payment of a fee, including an escrow amount as established by the Township Board.
A narrative statement describing:
The objectives of the PUD and how it relates to the intent of the PUD district, as described in § 470-12.01.
The relationship of the PUD to the Allendale Township Master Plan.
Phases of development and approximate time frame for each phase.
Proposed/preliminary deed restrictions, covenant, or similar legal instruments to be used within the PUD.
Anticipated start and completion of construction.
Location, type, and size of areas to be dedicated for common open space.
All modifications from the zoning regulations which would otherwise be applicable to the uses and structures proposed in the absence of this PUD Article and rezoning.
The applicant has the option of submitting either a preliminary or final PUD site plan with the PUD application.
A preliminary PUD plan shall contain the information required by § 470-12.05 and shall follow Steps 3, 4 and 5.
A Final PUD site plan shall contain the information required by § 470-24.06 and shall follow Steps 4 and 5.
The Planning Commission may require an environmental impact assessment to be submitted as part of the preliminary or final PUD site plan review.
Step 3 Preliminary PUD Site Plan Review.
The Township Planning Commission may schedule a public hearing on the PUD rezoning request and the Preliminary PUD site plan in accordance with the requirements of § 470-29.01 herein.
The Planning Commission shall review the preliminary PUD site plan at the public hearing if one is held or at a regular meeting and make a recommendation to the applicant to assist in preparing a Final PUD site plan. The final PUD site plan shall then be processed according to STEP 4 below.
STEP 4 Final PUD Site Plan Review.
The applicant for PUD rezoning shall submit a final development plan to the Township offices in accordance with the requirements for final site plan review as contained in § 470-24.06 of this chapter. Copies of the final PUD site plan shall be forwarded to the Planning Commission.
The Township Planning Commission shall schedule a public hearing for it to consider a Zoning Map amendment ordinance to establish the PUD zoning district for the PUD rezoning request, and the final PUD site plan in accordance with the public hearing requirements of § 470-29.01 herein.
The final PUD site plan shall contain all of the information required for preliminary PUD site plan review plus any other information required by the Planning Commission to ensure proper review of the PUD rezoning request.
Preparation of PUD site plan resolution. Prior to or following the public hearing on the final PUD site plan and the Zoning Map amendment ordinance for the PUD rezoning request, a draft PUD site plan resolution shall be prepared for consideration by the Planning Commission. This resolution shall set forth the permitted uses, development standards and conditions for the proposed PUD. The Planning Commission may hold another public hearing to consider the draft PUD site plan resolution or the Commission may consider it in conjunction with the hearing on the final PUD site plan and Zoning Map amendment ordinance.
The Planning Commission shall review the final PUD site plan and the draft PUD site plan resolution if it is prepared at the public hearing and may direct the applicant to revise the plan as necessary to address Zoning Ordinance requirements or concerns of the Planning Commission.
The Planning Commission shall make any recommendation to the Township Board to approve, approve with conditions, or deny the PUD rezoning and final PUD site plan and shall base its recommendation on compliance with the standards of § 470-12.09 herein.
The applicant shall make any revisions to the final PUD site plan as required by the Commission in its recommendation to the Township Board and shall make these revisions before the final PUD site plan, the Zoning Map amendment ordinance, and the draft PUD site plan resolution is transmitted to the Township Board.
STEP 5 Township Board Action and Public Hearing.
After receiving the recommendation of the Planning Commission, the Township Board shall review the application package, the final PUD site plan, the Zoning Map amendment ordinance, the draft PUD site plan resolution, the record of the Planning Commission proceedings and the Planning Commission's recommendation. The Township Board shall conduct a public hearing and provide notice in the manner set forth in § 470-29.01 of this chapter. Except for a final PUD site plan required by § 470-12.12C of this chapter or otherwise required by the PUD resolution or elsewhere within this article, no final PUD site plan shall be reviewed when the original PUD resolution identifies the available uses within the PUD.
The Township Board shall then make its findings based on the PUD standards for approval in § 470-12.09. Upon a determination that a proposed development meets such standards, conditions, and requirements, the Township Board may approve the final PUD site plan, the Zoning Map amendment ordinance and the PUD site plan resolution.
The Township Board may impose reasonable conditions upon its approval of the PUD. Such condition may include conditions necessary to ensure that public services and facilities affected by the PUD will be capable of accommodating increased service and facility loads caused by the property use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use in a socially and economically desirable manner.
The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Township Board and the landowner.
§ 470-12.09 Standards for approval (for both Planning Commission and Board final review).
[Amended 1-27-2025 by Ord. No. 2025-02]
A PUD shall be approved only if it complies with each of the following standards as applicable.
The PUD complies with all qualifying conditions of this PUD article.
The uses to be conducted within the PUD are substantially consistent with the Allendale Charter Township Master Plan or based on the design of the PUD and the conditions imposed, the proposed uses are appropriate for the proposed location and are not likely to affect the recommendations of the Master Plan for the larger area where the PUD is to be located.
The PUD is compatible with surrounding uses of property and the natural environment.
The PUD will not result in significant adverse effects upon nearby or adjacent lands, and will not significantly change the essential character of the surrounding area.
The proposed development is consistent with the spirit of the PUD District, as described in this article and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning.
The PUD preserves and maintains mature woodlands, fields, pastures, meadows and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.
The individual lots, buildings, roadways, and open space areas within the PUD are designed to minimize the alteration of environmental site features.
The PUD can be adequately served by public utilities such as police and fire protection or public or on-site community water or sanitary sewer.
If the PUD is to be completed in phases, the PUD shall be designed so that each phase is complete in and of itself, in terms of services, facilities and open spaces, and so that each phase contains all the features necessary to insure the protection of natural resources and the health, safety and welfare of the users of the PUD and the occupants of the surrounding area.
§ 470-12.10 Time limits for approved PUD District.
[Amended 1-27-2025 by Ord. No. 2025-02]
Each PUD shall be under construction within 12 months after the date of approval of the PUD final site plan, except as noted in this article.
The Township Board may grant two 12-month extensions if the applicant applies for such extension prior to the date of the expiration of the PUD provided that:
The applicant presents reasonable evidence that the applicant/PUD has encountered unforeseen difficulties beyond the control of the applicant and
Should neither of the provisions of subsection A. be fulfilled, or should an extension expire without construction commencing, the Final PUD approval(s) shall be void.
Should the PUD be voided, the Township Board shall then rezone the property back to the prior zoning classifications(s) or to rezone it to any other zoning classification(s) in accordance with the requirements for rezoning of this chapter.
§ 470-12.11 Existing approved PUDs.
[Amended 8-12-2013 by Ord. No. 2013-18; 1-27-2025 by Ord. No. 2025-02]
Planned Unit Developments that were given either Preliminary or Final PUD Site Plan approval prior to January 23, 2012, and which all or only part of the PUD existed as of the effective date of this ordinance shall be considered to be conforming uses and shall continue to be regulated by the conditions and the site plan, whether preliminary or final, which were previously approved for the particular PUD.
If the ordinance or resolution approving such PUD does not contain zoning regulations or development standards which would otherwise normally apply to the land uses proposed in the PUD then the Township Board, following a recommendation, from the Planning Commission, may apply the normal zoning regulations or development standards or may modify them as requested by the applicant in accordance with § 470-12.06 herein.
A major or minor change to an existing PUD shall be subject to the procedures and requirements as set forth in § 470-12.12 except that for a major change, the number of dwelling units and amount of open space shall remain as approved for the Preliminary PUD Site Plan. All other requirements and procedures for this article, as amended by Ordinance No. 2012-1, shall apply to the major change.
If an existing PUD is proposed to be expanded to include additional property outside the boundaries of the existing PUD then such enlargement shall be subjects to all the requirements and procedures of this article.
§ 470-12.12 Changes to an approved PUD.
[Amended 1-27-2025 by Ord. No. 2025-02]
Changes to an approved PUD shall be permitted only under the following circumstances.
The holder of an approved PUD final site plan shall notify the Zoning Administrator of any desired change to the approved PUD. Where an approved PUD is no longer under single property ownership and any property owner within the PUD seeks a change to the approved PUD other than a minor change, consent to amend the PUD must be requested in writing from all of the remaining property owners. The property owner shall provide proof of service seeking consent for each property owner within the PUD. Proof of service shall be in the form of a United States Postal Service Certified Letter or similar parcel service documentation. Absent written consent, failure to object by any or all property owners within the PUD during the public hearing for the PUD amendment, either in person or in writing, shall constitute consent of the proposed changes. Any objection from a property owner within the PUD may be found insufficient by the Planning Commission or the Township Board, who then may elect to approve the amendment.
Minor changes may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design and character of the PUD, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:
Reduction of the size of any building and/or sign.
Movement of buildings by no more than 20 feet except that buildings shall not move more than 10 feet toward a PUD boundary or public street.
Landscaping or fencing approved in the PUD final site plan that is replaced by similar landscaping or fencing to an equal or greater extent.
Internal rearrangement of a parking lot which does not affect the number of parking spaces or significantly alter access locations or design.
Changes required or requested by the Township, Ottawa County, or other state or federal regulatory agency in order to conform to other laws or regulations or for reasons of public safety.
A proposed change, other than a minor change as determined by the Zoning Administrator, shall be submitted as an amendment to the PUD and shall be processed in the same manner as an original PUD application except that the PUD zoning shall remain in plan. The Zoning Administrator may refer any decision regarding any propose change to an approved PUD final site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator may consult with the Chairperson of the Planning Commission.