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HomeMy WebLinkAbout089-89 Ordinance " RECORD OF ORDINANCES Dayton Legal Blank Co. Form No, 30043 Ordinance No, nnnB9.-_B.9m Passed..m. ._nnnmmmnmmmmmm19.. AN ORDINANCE AMENDING SECTIONS 1103.09 (PRELIMINARY PLAT APPROVAL), 1109.04 (FINAL PLAT APPROVAL), 1181.07 (P~U.D. - CONTENTS OF FINAL PLAT APPROVAL) , 1181.07 (PROCEDURE FOR APPROVAL OF P.U.D.) AND 1181.09 (PROCEDURE FOR APPROVAL OF P.C.D.) OF THE DUBLIN CODIFIED ORDINANCES TO REGULATE PLATTING REQUIREMENTS~ AND DECLARING AN EMERGENCY WHEREAS, the Planning and Zoning Commission Chairperson is currently required to sign all preliminary and final plats attesting to their approval; and WHEREAS~ the staff reviews all preliminary and final plat documents for consistency with Commission and Council actions; and WHEREAS ~ the requirement of the Planning and Zoning Commission Chairperson' signature on an approved preliminary plat is generally perfunctory; and WHEREAS ~ the Dublin Planning and Zoning Commission has reviewed this amend- ment and recommended approval on October 5, 1989; and WHEREAS, the Dublin Planning and Zoning Commission adopted an amendment to its rules and regulations appointing the Planning Director as secretary of the Commission; and WHEREAS, periodic amendments to the Planning and Zoning Code are necessary to accommodate the needs and desires of the community and to protect the health, safety, and welfare of the residents; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That Chapter 1103, Section 1103.09(c), Preliminary Plat Approva by Council, be amended to read as follows: The approval of the preliminary plat does not constitute an acceptance of the subdivision, but merely authorizes the developer to proceed with work of the final plat. One copy of the approved preliminary plat signed by the secretary of the Planning and Zoning Commission, attesting to such approval, and the Mayor, shall be retained in the office of the Clerk-Treasurer. One signed copy shall be given to the subdivider and one copy to the Municipal Engineer. Section 2. That Chapter 1109, Section 1109.04(b), Final Plat Approval, be amended to read as follows: At the first meeting of the Planning and Zoning Commission after a copy of the final plat, together with the Planning and Zoning Commission chairperson's certificate, has been received by the Commission, the Commission shall approve the final plat and the secretary of the Commission shall attest to such approval on the plat. Failure of the Commission to approve or disapprove the plat within the time fixed or I such further time as the applying party may agree to, shall constitute approval of the plat, and the certificate of the secretary of the Commissio I as to the date of submission of the plat for approval and the failure to take action thereon shall be issued on demand and shall be sufficient in lieu of the written endorsement of approval. If the Commission disapproves the final plat, it shall enter in its minutes the reasons for such dis- approval. Section 3. That Chapter 1181, Section 1181.07(g)(3)(V) shall be amended to read as follows: Space for signature of the Planning and Zoning Commission secretary and the date of Commission approval. ~ # RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. mJ39.:-:!3.9.nn Passed mm m... mnmm.nn ..19. Page Two Section 4. That Chapter 1181, Section 1181.07(i)(7) shall be amended to read as follows: If the Planning and Zoning Commission finds that the final development plan complies in all respects with the regulations of this chapter and the previously approved preliminary development plan, the Commission shall approve the plan and the secretary of the Commission shall affix his/her signature and approval date thereto attesting to such approval. If the Commission finds that the final development plan necessitates revision of portions of the approved preliminary development plan located outside of the area to be included with boundaries of the final development plan, it shall be required that an amended preliminary development plan be I submitted and approved in accordance with the provisions of subsections (g)(2)(h) and (i)(3) and (4) hereof before considering the final development, plan. At such time as such amended preliminary development plan is so approved, consideration to such final development plan shall be given by the Commission in accordance with this paragraph (7) and paragraph (6) hereof. Following approval of the final development plan and the attestatio~ of such action by the secretary of the Commission, the applicant shall provide one mylar copy of all plans as part of the final development plan for records of the Municipality. At any time the applicant and/or his/her successors in title to the propertYI may submit an amended preliminary development plan. In such event the same! procedures shall be followed as in the case of an original preliminary development plan and if approved such amended preliminary development plan shall in all respects be considered as if it were the originally adopted preliminary development plan. Section 5. That Chapter 1181, Section 1181.09(f)(2)(C) shall be amended to read as follows: It shall be the duty of the Planning and Zoning Commission to review the plan and determine whether it complies with the regulations of this chapter, that it represents a detailed and precise expansion or delineation of the previously approved Composite Plan, that it complies with, all conditions which may have been given at the time of approval of the i Composite Plan and that it contains the matters required by subsection (d) II (3) hereof. Such determination shall be made within sixty days of the submission of the Development Plan. If the Planning and Zoning Commission finds that the Development Plan complies in all respects with the regula- tions of this chapter and the previously approved Composite Plan and Development Text, the Commission shall approve the plan and the secretary of the Commission shall affix his/her signature and approval date thereto attesting to such approval. In the event that the Planning and Zoning Commission does not approve the plan, each applicant shall be notified of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission. Section 6. That this Ordinance be declared an emergency as it is necessary to regulate platting requirements to promote the general health, safety, and welfare of the residents. Section 7. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 6th day of November , 1989. MX:sid~~ Attest:~ U~ , : !.;r r ~ ,.,ro IT:!,1'l !;, . /.Z-n-l.Lo J hereby certify thaf CalMS of t..,> Q,n.mL_. ..(loJu..on were posted k f cY?J 'l .. . . er 0 ounc~ City of Dublin in a:~o:d:mc() I!/i:i Sec~:on 731.25 of riD lti10 Revhed Code, /7 ~ _ ~~~./ /lA? ~. '( Oerk of Council, Dublin, Ohio