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HomeMy WebLinkAboutItem 6.1 ZoningOrdAmendPD (2) ~ ~ . , . . . - ._~,...~~-~~.~" .......,.,,~_.,"-_._~._..__.- ~ e e 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 iT ~ (,~~ 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. ~~;;-;~~-~--------------~----~~;~;;-~~~--;~~i~;-;~~~~;-------- PA 94-015 CITY CLERK FILE ~ ,,;,,:_, e e 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 t 940,Sord 1 EXHIBIT A e e 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 , , 9<101 Sord 2 ",- - . 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 , , 940150rd 3 ,. . . e . 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 " 9401 Sord 4 ,~- l ~'4' e . 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 ~ , 940150rd 5