HomeMy WebLinkAbout6.1 ZoningOrdAmendPD
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE:
June 13, 1994
SUBJECT:
Public Hearing: PA 94-015 Zoning Ordinance
Amendment to the Planned Development District
provisions
C(lV-
Carol R. Cirelli, Senior Planner
REPORT PREPARED BY:
EXHIBITS ATTACHED:
/EXhibit A:
Draft Ordinance Amendment
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1)
2)
3)
4)
5)
continue public hearing and hear staff
presentation.
Take testimony from the public.
Question staff and the public.
Close public hearing and deliberate.
Waive second reading and adopt the
Zoning ordinance Amendment relating to
Planned Development Districts (PA 94-
015).
RECOMMENDATION:
FINANCIAL STATEMENT:
None
DESCRIPTION:
On May 23, 1994, the city Council held a pUblic hearing on the
Draft Zoning Ordinance Amendment relating to the PD (Planned
Development) District provisions. At that meeting, the City Council
waived the first reading, introduced the Zoning Ordinance Amendment
and continued the public hearing item to this meeting.
The Draft Zoning Ordinance (EXhibit A) includes provisions to
allow separate processing for PD District zone changes and Land Use
and Development Plan approvals for projects requiring many stages of
project approval. A Land Use and Development Plan may be processed
either as a single phased project addressing the entire PO District
area, or as a multiple phased project addressing portions of the PD
District area. One or more Land Use and Development Plans shall be
adopted as part of a PD District zoning, and may be processed
concurrently with, or independent of, the initial PD District zoning.
In addition, a new section has been added to Article No. 4
Commercial and Industrial Districts of the Zoning Ordinance specifying
that PD Districts may also be applied to non-residential districts,
and that such applications would be under the same PO District
provisions of Article No. 2 Agricultural and Residence Districts.
Staff recommends that the city council waive the second reading
and adopt the Draft Zoning Ordinance Amendment relating to PO
Districts.
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PA 94-015
CITY CLERK
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ORDINANCE NO.
- 94
AN ORDINANCE OF THE CITY OF DUBLIN REPEALING CERTAIN PROVISIONS OF
CHAPTER 2 TITLE 8 OF THE DUBLIN ZONING ORDINANCE REGARDING PD (PLANNED
DEVELOPMENT) DISTRICT REGULATIONS AND ADOPTING ARTICLE 2 AND ARTICLE 4
OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE WHICH MODIFIES
THE CITY OF DUBLIN PD (PLANNED DEVELOPMENT) DISTRICT REGULATIONS
The city council of the city of Dublin does ordain as follows:
Section 1. section 8-31.0 through Section 8-31.19 are hereby amended
to read as follows:
Sec. 8-31.0 PLANNED DEVELOPMENT DISTRICTS. INTENT. Planned
Development Districts, hereinafter designated as PD
Districts, are established to encourage the arrangement of a
compatible variety of uses on suitable lands in such a
manner that the resulting development will:
a) Be in accord with the policies of the General plan of
the city of Dublin;
b) Provide efficient use of the land that includes
preservation of significant open areas and natural and
topographic landscape features with minimum alteration
of natural land forms;
c) Provide an environment that will encourage the use of
common open areas for neighborhood or community
activities and other amenities;
d) Be compatible with and enhance the development of the
general area; _ - - --
e) Create an attractive, efficient and safe environment.
Sec. 8-31.2 CHANGE IN ZONING DISTRICT REQUIRED. The provisions
of this Article shall become applicable to any given
development only upon change in zoning District to a Planned
Development District in accordance with the provision of
Article 8 (Procedures) of this Chapter, with the following
exceptions to the provisions of said Article 8:
a) The determination that the proposal will benefit the
public necessity, convenience and general welfare be
based, in part on the conformance of the proposal with
provisions of this Article;
b) A Planned Development District shall be established by
the adoption of an Ordinance by the city council
reClassifying the described property to a planned
Development District and adopting provisions which
shall constitute the regulations for the use,
improvement and maintenance of the property within the
boundaries of the district.
c) The provisions shall be sufficiently detailed to be
found consistent with the policies of the General Plan
of the city of Dublin.
d) Any change in zoning district accomplished in
accordance with the Article is subject to review by the
planning commission at the expiration of two (2) years
from the effective date of said change, if during the
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EXHIBIT A
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two (2) year period construction in accordance with the
approved plan is not commenced or if the approved
staging plan has not been followed. At the conclusion
of the review by the Planning Commission, the planning
Commission may recommend to the city council that the
lands affected by the Planned Development District be
rezoned from the planned Development District. said
hearings by the planning Commission and the city
council shall be in accordance with the provisions of
this Chapter.
Sec. 8-31.3 PRELIMINARY PLAN - APPLICATION. Any person desiring a
change in zoning district to a Planned Development District
may, prior to submitting an application for change, submit a
Preliminary Land Use and Development Plan to the Planning
Commission, which will allow formal consideration of the
concept of development prior to detailed design.
Sec. 8-31.4 PRELIMINARY PLAN - PROFESSIONAL SERVICES REQUIRED.
The Preliminary Plan shall contain certifications that a
civil Engineer, a Landscape Architect and an Architect or a
Registered Building Designer have participated in the
preparation of the Preliminary Plan.
Sec. 8-31.5 PRELIMINARY PLAN - INFORMATION REQUIRED.- The
Preliminary Plan shall be in the form specified by the
planning commission. .
Sec'; 'S-31.7PRELIMINARY PLAN -.. NOTICE-TO THE PUBLIC. Upon-
receipt of a preiiminary Plan in the form specified by the
Planning commission notice of hearing shall be 'made by
publication in a newspaper of general circulation in the
city, and by posting said notice in conspicuous places close
to the affected property for at least ten (10) days prior to
the date of such hearing.
Sec. 8-31.8 PRELIMINARY PLAN - ACTION BY THE PLANNING COMMISSION.
After consideration of the Preliminary Plan, the testimony
at the public hearing, and the reports of any interested
referral agency, the Planning commission shall advise the
applicant of its evaluation of the Plan. This evaluation
shall include statements regarding:
a) whether, in the opinion of the planning Commission, the
public interest would be best serv~d by any Planned
Development District within the subject area; and may
include statements regarding;
b) whether, in the opinion of the Planning Commission, the
intent and provisions of this district could be met by
the development as indicated on the Preliminary Plan
and if so, of the specific development objectives that
would tend to render the proposal in compliance with
these provisions, such as: maximum dwelling units
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permitted based on a refinement of the ranges found in
the General Plan;
c) specified developmental objectives relative to
particular characteristics of the site and its environs
that should be obtained in the ultimate development.
Sec. 8-31.11 LAND USE AND DEVELOPMENT PLAN - PERSONS AUTHORIZED
TO PREPARE. Same as provided in section 8-31.4 except when
rezoning is initiated by the city councilor Planning
commission, in which case the plan will be prepared by the
Planning Department.
Sec. 8-31.12 LAND USE AND DEVELOPMENT PLAN - INFORMATION
REQUIRED. The Land Use and Development Plan shall be in the
form specified by the planning commission.
Sec. 8-31.13 LAND USE AND DEVELOP~ PLAN - PURPOSE AND
REQUIREMENTS FOR. The Land Use and Development Plan shall
be part of the Planned Development District zoning process.
The Land Use and Development Plan is intended to provide to
the city a comprehensive plan of the proposed development to
insure that the intent and purposes of the planned
Development District are met. The processing requirements
for ,a Land Use and Development Plan are as follows:
a) ALand Use and Development Plan may proceed as a single
phased project addressing the entire.Planned
Development District area, or-as a multiple phased -
project addressing portions of the planned Development
District area.
b) Prior to issuance of a site Development Review permit,
building permit, or other development permit, a Land
Use and Development Plan shall be required for that
portion of the planned Development District where
development is proposed.
c) A Land Use and Development Plan shall be subject to the
review by the Planning commission and adoption by the
City Council as an amendment to the Zoning Ordinance.
Sec. 8-31.15 COMMON AREAS - PROVISION, OWNERSHIP AND MAINTENANCE.
Maintenance of all lands included within the plan not
utilized for building sites, public roads and public uses
shall be assured by recorded land agreements, covenants,
proprietary control or other stated devices which attain
this Objective. The proposed method of assuring the
maintenance of such lands shall be included as part of the
provisions of the district.
Sec. 8-31.16. SEPARATE PROCESSING PERMITTED. One or more Land
Use and Development Plans shall be adopted as part of a
planned Development District zoning. A Land Use and
Development Plan' may be processed concurrently with or
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independent of the Planned Development District zoning. If
processed concurrently, only a single ordinance shall be
required for approval of the Planned Development District
zoning and Land Use and Development Plan. If processed
independently, the Land Use and Development Plan(s) shall be
processed as a separate Planned Development District zoning
ordinance amending the initial Planned Development District
zoning. The initial planned Development District zoning
shall include provisions sufficiently detailed to be found
consistent with the policies of the General Plan of the city
of Dublin.
Sec. 8-31.17 LAND USE AND DEVELOPMENT PLAN SHALL CONTROL. Any
use of land within the boundaries of a Planned Development
District adopted in accordance with the provisions of this
Article shall conform to the approved Land Use and
Development Plan.
Sec. 8-31.18 MINOR MODIFICATIONS OF THE LAND USE AND DEVELOPMENT
PLAN. If, in the opinion of the Planning Commission, a
proposed structure, facility or land use not indicated on a
Land Use and Development Plan approved by the city Council
in accordance with section 8-31.13 of this Article does not
materially change the provisions of the approved Land Use
and Development Plan, the structure, facility or land use
may be permitted subject to securing a Conditional Use
permit as provided by Article 8 of this Chapter.
If, in the opinion of the planning commission, a proposed
structure, facility or land use not indicated on a Land Use
and Development Plan approved by the city Council in
accordance with section 8-31.13 of this Article does
materially change the provisions of the approved Land Use
and Development plan, the structure, facility or land use
shall be permitted only if so indicated on a Land Use and
Development Plan adopted by the city council in accordance
with this Article.
Sec. 8-31.19 DEPOSIT TO COVER COST OF INSPECTIONS. UNDER
DEPOSIT; OVER DEPOSIT. prior to the installation of any
improvements or prior to the issuance of any building permit
for any structure within the boundaries of a Land Use and
Development Plan approved by the city council in accordance
with section 8-31.13 of this Article, there shall be
deposited with the city Finance Department, a sum in the
amount estimated by the city Building Official as being
sufficient to cover the cost of inspection for all
improvements not requiring the issuance of any other permit
by the provisions of the city of Dublin Building, Electrical
and Plumbing Codes. If the amount so deposited exceeds the
actual cost to the city, the depositor shall be reimbursed
for the balance remaining; if the actual cost of inspection
exceeds the deposited amount, the Building Official shall
withhold final inspection and approval of occupancy until
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there is deposited with the city Finance Department an
additional sum as estimated by the Building Official.
section 2. section 8-57.0 PLANNED DEVELOPMENT DISTRICTS is hereby
added to read as follows:
SEC. 8-57.0 PLANNED DEVELOPMENT DISTRICTS. The Planned
Development District provisions stated in Article No. 2
Agricultural and Residence Districts, section 8-31.0 through
section 8-31.19, of the Zoning Ordinance shall also apply to
non-residential districts described in this Article.
PASSED, APPROVED AND ADOPTED this ____ day of ____, 1994, by the
following votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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