The following provisions shall apply to all PUD applications:
(a) Ownership. The entire parcel for which application is made must be under one ownership or the application must be made with the written authorization of all property owners.
(b) Establishment; Amendment Procedure. A PUD shall be approved or amended to the standards and procedures set forth in this chapter.
(c) Standards for Approval. Based upon the following standards, the Zoning Board may deny or approve the proposed PUD.
(1) The uses proposed will have a beneficial effect on present and potential surrounding land used and will not adversely affect public health, safety, welfare, convenience or the environment or any combination thereof. This beneficial effect for the Village (not the developer) shall be one which could not be achieved under any other single zoning classification.
(2) The uses proposed shall be consistent with the Village of Stryker Comprehensive Plan.
(3) The Zoning Board may, if deemed appropriate require for a PUD more or less open space than otherwise required by this title.
(4) Off-street parking sufficient to meet the minimum required by the Table of Parking Requirements section of the Zoning Ordinance.
(5) Landscaping shall be provided so as to insure that proposed uses be adequately buffered from one another from surrounding public and private property.
(6) Vehicular and pedestrian circulation should allow for safety, convenience, prevent congestion, and have a well defined movement plan.
(7) Major natural, environmental, historical, and architectural features of the area shall be preserved.
(d) Approval Procedure. The PUD approval shall involve two phases. The preliminary phase shall consist of a review of the conceptual PUD site development plan to determine its suitability. The final phase shall require detailed PUD plans for any part of the conceptual PUD plan prior to approval by the Zoning Board and issuance of building permits.
(e) Preliminary Phase Material to be Submitted. The applicant for any PUD plan shall submit the following information to the Zoning Board:
(1) A PUD site plan that meets the requirements of permitted uses.
(2) The PUD site plan shall indicate the entire contiguous holdings of the petitioner or owner who wishes to develop the entire parcel or any who wish to develop the entire parcel or any part thereof, and shall include the area and use of the land adjacent to the parcel to be developed, which plan shall exhibit any unusual problems of topography, utility service, land usage or land ownership; and said plan shall also exhibit all existing structures, existing and proposed streets, open spaces and other features as required by ordinance or the land development regulations.
(3) A statement of the development's objectives and purposes to be served; economic feasibility; conformity to the plans and policies of the Village of Stryker; market needs, impact on public schools, utilities and circulation facilities, impact on natural resources, impact on the general area and adjacent property; and a staging plan showing the general time schedule of and expected completion dates of various elements of the plan.
(4) Any additional graphics or written materials requested by the Zoning Board in visualizing and understanding the proposal shall be submitted (i.e. work study model).
(f) PUD Preliminary Plan Review.
(1) The Zoning Board shall hold a public hearing, after public notice and notification of property owners within the Village within 300 feet of property lines, on the proposed PUD Plan.
(2) Prior to the hearing the Petitioner shall submit to the Village Administrator sufficient copies of the PUD plan together with an appropriate fee of fifty dollars ($50.00) and five dollars ($5.00) per lot to the Village of Stryker. Copies of the plan shall be distributed by the Village Administrator to the appropriate agencies for review to determine if the PUD plan can be accommodated by the existing facilities, or if any additions to, or extensions of facilities are necessary for the project.
(3) The Village Administrator shall notify the Petitioner of any questions raised by any Village Department, County Department, State Agency, or Utility. The planner shall submit the same information to the Zoning Board along with a report which evaluates the proposed PUD project and its impact on the present and future development of that part of town in which it is located.
(4) The Zoning Board shall approve or disapprove the proposed PUD plan and issue a written decision on the reasons for the decision within thirty days of the conclusion of the public hearing. The petitioner shall be supplied a copy of the written decision.
(5) The Zoning Board may impose conditions, or require modifications in the proposed PUD Plan prior to approval and the petitioner shall modify the plan accordingly.
(g) Effect of Preliminary Phase Approval of PUD Plans. Approval of the proposed PUD plan by the Zoning Board shall confer upon the owner the right to proceed through the subsequent planning phase in accordance with the regulations or ordinances in effect at the time of the Commission's approval for a period not to exceed three years from date of approval, unless subsequent regulations or ordinances are specifically made applicable to developments which have been so approved. If final phase PUD plans have not been submitted for approval before the end of the five year period, then the PUD Plan shall conform to the regulations, ordinances and laws in effect at the time said site plan is submitted.
(h) Final PUD Plan Approval.
(1) The Petitioner shall submit to the Village Administrator sufficient copies of the final PUD site plan for all or any part of the development, in accordance with the uses and concepts as shown on the approved PUD site plan. The final PUD plan for each stage shall include all the information required by this chapter and shall also comply with any additional requirements of the Zoning Board when granted preliminary approval.
(2) Copies of the final PUD site plan as submitted shall be distributed promptly by the Village Administrator to the appropriate Village Departments, County Departments, and Utilities for review of the Village of Stryker and Williams County.
(3) The Zoning Board shall approve or disapprove the proposed final PUD plan and issue a written decision on the reason for the decision within thirty days of the conclusion of the public hearing. The petitioner shall be supplied a copy of the written decision.
(4) Approval of the final PUD site plan shall entitle the owner to apply for building permits.
(i) Appeals. Any person, firm, corporation, department, board or Village, aggrieved at the decision of the Zoning Board regarding a Planned Unit Development, other than a recommendation as to rezoning an area to a PUD district, may appeal that decision to the Williams County Common Pleas Court, in the manner provided by statute.
(j) Time for Completion of Development. The proposed PUD and construction of all proposed buildings, parking spaces, landscaping, usable open space, and amenities must be started within one and one-half years of the final approval of the PUD plan and completed within three years. This three year period may be extended by the Zoning Board following public notice and public hearings in the same manner as required by statute. Failure on the part of the owner to secure the written extension shall result in stoppage of all construction.
(k) Deviations from Approved PUD Site Plan.
(1) Minor changes to a previously approved PUD site plan may be approved without the necessity of Zoning Board taking any action thereon if the Village Administrator certifies in writing that the proposed revision constitutes a minor alteration and does not alter the basic design nor any specific conditions of the plan as agreed upon by the Zoning Board. The Village Administrator shall record all such changes in the original PUD site plan and shall advise the Zoning Board of all said minor revisions at the next meeting of the Zoning Board. Minor alterations or revisions under this section, which do not conflict with State, Village or County laws shall be limited to:
A. Addition or relocation of all fire escapes.
B. Alteration of building heights and elevations, providing such shifting does not significantly alter the conceptual integrity of the plan.
C. Construction of additional or alteration of approved sidewalks, provided that pedestrian movement through and around the site is not inhibited thereby.
D. Shifting of, additions to, or changes in species of landscape materials, provided that such changes do not reduce the minimum landscape requirements.
E. Internal rearrangement of parking lots and curb cut locations provided such functional rearrangement does not reduce the total number of parking spaces required and further provided that the minimum landscape requirements are maintained and further provided that such rearrangement does not inhibit good traffic flow.
F. Any decrease in building size or changes in bedroom counts per dwelling unit in no more than ten percent (10%) of the total number of units.
G. Installation of recreational or maintenance facilities that do not require the erection of a structure intended for human use or occupancy.
(2) A PUD final plan approval shall not be approved until after Zoning Board's preliminary approval of the PUD Plan. When final approval of a PUD Plan is granted, a PUD becomes a permitted use and the zoning map will be changed to a PUD zone district. Any deviation from the approved PUD plan, except as authorized in appeal section above, shall be considered a violation of this ordinance and subject to the enforcement procedures therein.
(Ord. 1995-14. Passed 10-9-95.)