14-73 OrdinanceORDINANCE NO. ~~'7„~ VILLAGE OF DUBLIN, OHIO
AN ORDINANCE AMENDING ORDINANCE NO. 21-70
KNOWN AS THE ZONING CODE OF THE VILLAGE OF
DUBLIN, OHIO; CREATING A NEW ZONING DISTRICT
TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT
DISTRICT ;AND DECLARING AN EMERGENCY
WHEREAS, this ordinance was submitted to the Planning Commission for
its approval, disapproval or suggestions; and
WHEREAS, the Planning Commission has reported to Council that it
recpmmends the passage of said ordinance; and
WHEREAS, on I~,FJRc~+ ~~ 1973, Council held a public
hearing thereof after giving due and proper notice thereof; and
WHEREAS, the report of the Planning Commission together with the
text' of this ordinance has been on file in the office of the Clerk available for
public examination during the thirty (30) days immediately preceding the public
hearing:
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of
Dublin, State of Ohio, ~p of the elected members concurring:
SECTION 1. That Section 450 be, and it hereby is, added to
Article IV of Ordinance No. 21-70 as follows:
PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
AND PROCEDURES
SECTION 450 (PUD) REGULATIONS AND PROCEDURES FOR PLANNED
UNIT DEVELOPMENT (PUD) DISTRICTS ADOPTED,
Planned Unit Development Zoning Districts may be
established by application in accordance with the
provisions of this ARTICLE and the requirements
contained herein which shall take precedence over
other conflicting regulations contained in this
Ordinance.
450.01 REGULATIONS OF THE USE AND DEVELOPMENT OF
LAND AND STRUCTURES. Regulations pertaining to the use of land and/or
structures, and the physical development thereof within a Planned Unit
Development (PUD) Zoning District in ARTICLE II, and as may be drawn on
the zoning district map are hereby established and adopted.
450, 02 PURPOSE OF THE PUD REGULATIONS, The purpose
of .the regulations and procedures contained in this ARTICLE is to provide a
permissive, voluntary, and alternate zoning procedure, in order to encourage
imaginative architectural design, flexibility in building styles and types,
proper relationships between buildings and between buildings and the land, to
permit development of the land in an orderly, coordinated and comprehensive
m~.nner by preserving the natural quality and beauty of the land and to provide
supporting community facilities in the development of diverse, sound, urban
environments consistent with accepted land planning, landscape architecture
practices and engineering principals under conditions of approved site and
development plans
450.03 PERMITTED USES, Within the Planned Unit
Development (PUD) Zoning District, permitted uses shall include single and
multiple family residential dwelling units, commercial activities customarily
considered typical of shopping center uses (such as retail sales and services,
general and professional offices), public and semi-public uses, open space
and recreational uses, and activities permitted in the OLR Zoning District
as regulated by SECTION 348 of this Ordinance or a compatible combination
of any or all of these uses provided the proposed location of any of the uses
will not adversely affect adjacent property, and/or public health, safety and
general welfare.
450.04 GENERAL PROCEDURES, Procedures and conditions
set forth for determination of Planned Unit Development Districts and
development therein shall be strictly followed except when a written statement
by the applicant clearly showing that such procedures or conditions do not apply
in the specific case, accompanies the application. Such statement shall be
subject to approval by the Council.
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450.05 AREA OF PUD. The Planned Unit Development
regulations contained in this ARTICLE may only be applied to contiguous
areas comprising at least ten (10) acres.
450.06 PLAN CONTENTS, The following descr-ibed contents
shall be provided to secure approval for Planned Unit Development (PUD)
District Zoning. The basic process shall require submittal and approval of
a Concept Plan, a Preliminary Development Plan and a Final Development
Plan. All plans shall be drawn to a scale suitable to the scope of the project
and acceptable to the Village. Fifteen copies of each plan shall be submitted
to the Village Administrator,
450, 061 Contents of Concept Plan. It is the intent of these
regulations that the concept plan shall generally indicate overall design of
the proposed PUD project and show accurate boundaries of the entire project,
north point and scale, location of the site in the Village, approximate
allocation of land use by acreage and type, general location of principal
thoroughfares and open space, the location of any lands to be dedi~ted to
any public agency and estimated population of the project together with
anticipated combination of housing types, and the relationship of the proposed
project to the surrounding area, As supporting data accompanying the
application and Concept Plan, the following shall also be submitted:
-Topography with Slope Classification system
-Existing roads, buildings and permanent facilities
-Jurisdictional boundaries
-Easements, right-of-way, abutting property boundaries
-Physical features and natural conditions of the site
including the location of substantial tree masses
-Surface drainage and areas subject to flooding
-Existing utility systems
-Regional transportation system
450. 062 Contents of Preliminary Development Plan. Following
approval of the Concept Plan, a Preliminary Development Plan may be
submitted for all or any part of the approved Concept Plan. Such plan shall
include in text or map form
(1) North point and scale.
(2) The proposed location and size of areas of residential use,
indicating dwelling unit densities, dwelling unit types, the
total number of dwelling units for each density area, and
the total number of dwelling units proposed in the Development
Plan.
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(3) The proposed size, location, and use of non-residential
portions of the tract, including usable open areas, parks,
playgrounds, school sites, and other public areas and open
spaces with the suggested ownership of such areas.
(4) The proposed provision of water, sanitary sewer, and
surface drainage facilities, including engineering
feasibility studies or other evidence of reasonableness.
All utility services shall be underground.
(5) The proposed traffic circulation patterns, including public
and private streets and parking areas, indicating their
``" relationship to topography and existing streets, or showing
other evidence of reasonableness.
(6) The proposed schedule of site development, construction
of structures, and associated facilities. Such schedule shall
include the proposed use or reuse of existing features such
as topography, structures, streets, easements and natural
areas.
(7) The relationship of the proposed development to existing
and future land use in the surrounding area, the street system,
community facilities, services and other public improvements.
(8) Space for appropriate Council Ordinance Number approving
Preliminary Development Plan.
450. 063. Contents of Final Development Plan. Following
approval of the Preliminary Development Plan a Final Development Plan may
be submitted for all or any part of the approved Preliminary Development
Plan, provided that no details of any Final Development Plan shall necessitate
revision of portions of the approved Preliminary Development Plan located
outside of the area to be included within boundaries of the Final Development
Plan. If revision of any portion of the Preliminary Plan is required,
a revised Preliminary Development Plan shall be approved by the Commission
and Council all in accordance with the provisions of Sections 450. 083 and
450.084 before approval is granted to the Final Development Plan. Final
Development Plans are intended to be detailed refinements of plans for
development and as such shall be accurate, detailed representations of the
total aspects of the approved Preliminary Development Plan. Contents of the
Final Development Plan shall include:
(1) The boundaries of the property the subject of the Final
Development Plan with accurate distances and bearings from
an established monument on the project tc~ the three (3)
nearest established street lines or official monuments;
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(2) All municipal, corporation, township and county lines and
section lines traversing or immediately adjacent to the
property the subject of the Final Development Plan, and
adjacent subdivision boundaries within two hundred (200) feet
of said property, accurately referenced to the boundaries
of the project by bearings and distances;
(3) A bar scale, north point, legal description and total acreage
of the area the subject of the Final Development Plan;
(4) Accurate location of all monuments, which shall be concrete
6" x 6" x 30" with iron pipe cast in center, one such
monument to be placed at each corner and at each change of
direction of the boundary, at each street intersection and
at the beginning and end of curves on one side of the street;
(5) A certificate by a surveyor registered in the State of Ohio
that the Plan represents a survey made by him and that the
monuments shown actually exist and that all dimensional
and geodetic details are correct;
(6) Accurate outlines, dimensions and legal descriptions of any
areas to be dedicated or reserved for public use, with the
purposes indicated thereon, and of any area to be reserved
by deed convenant for the common use of all property owners,
and the acreage of such reserved areas;
(7) The lines of adjoining streets and alleys, with their width
and names;
(8) All lot lines and easements with their dimensions;
(9) Radii, arcs, points of tangency, central angles for all
curvilinear streets, and radii for all rounded corners;
(10) The dimensions and locations of proposed structures,
buildings, streets, parking areas, yards, playgrounds,
school sites, open spaces and other public or private
facilities;
(11) A detailed statement of all uses proposed to be established
indicating the areas to be occupied by each use and the
anticipated density of population and building intensity;
(12) Detailed engineering plans for the provision of all streets
and utilities including provisions for off-site connections
and facilities necessary to serve the entire area the subject
of the Final Development Plan.
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(13) Detailed engineering site grading plans including proposed
finished grades and proposed drainage facilities;
(14) Detailed landscaping plans;
(15) Architectural drawings demonstrating the design and
character of the proposed structures, buildings, uses and
facilities and the physical relationship of all elements;
(16) All proposed restrictions or reference made thereto and
proper acknowledgment of owners and/or holders of
mortgages accepting such restrictions;
(17) Evidence that the applicant has sufficient control over the
land in question to initiate the proposed project within five
(5) years;
(18) A certificate to the effect that the owner will dedicate to
public use those appropriate uses, streets, parks and other
lands intended for public use, provided those areas are
acceptable to the Village;
(19) A tabulation showing the exact area of each lot, reserve or
other parcel shown on the plan (other than streets and alleys),
such areas to be computed inclusive of and after the
extensions of lot or parcel lines to the centerlines of
contiguous public ways, such as streets and parking areas;
(20) Approval of detailed water and sewer engineering plans by
the appropriate Departments of Health;
(21) Space for signature of the Commission Chairman and date
of approval.
(22) Location and character of all signs.
450.07 BASIS OF PLAN APPROVAL. The basis for approval of
a Preliminary Development Plan shall be:
(1) that the proposed development is consistent in all respects
with the purpose, intent, and applicable standards of this
Zoning Ordinance;
(2) that the proposed development is in conformity with
appropriate comprehensive planning or portion thereof as
it may apply;
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(3) that the proposed development advances the general welfare
of the Village and immediate vicinity;
(4) that the benefits, improved arrangement and design of the
proposed development justify the deviation from standard
residential development requirements included in this
Zoning Ordinance;
(5) Various types of land or building proposed in the project;
'~ (6) the relationship of buildings and structures to each other and
to such other facilities as appropriate with regard to land
area; proposed density of dwelling units may not violate any
contractural agreement contained in any utility contract then
in effect;
(7) traffic and circulation systems within the proposed project
as well as its appropriateness to existing facilities in the
surrounding area;
(8) building heights of all structures with regard to their visual
impact on adjacent facilities;
(9) front, side and rear yard definitions and uses where they
occur at the development periphery;
(10) gross commercial building area;
(11) area ratios and designation of the land surfaces to which
they apply;
(12} spaces between buildings and open areas;
(13) width of streets in the project;
(14) setbacks from streets;
(15) off-street parking and loading standards;
(16) the order in which development will likely proceed in complex
multi-use developments;
(17) estimates of time required to complete the development and its
various. stages.
450.08 PROCEDURE FOR APPROVAL OF PUD. Except as
provided in Section 450. 10 hereof, the following procedure shall be used to
secure approval of a Planned Unit Development (PUD) and the appropriate
change of zoning resulting therefrom.
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450.081 The Concept Plan together with an application shall
be filed with the Village Administrator. After the Village Administrator insures
that the Concept Plan and accompanying application and supporting documents
comply in all respects with applicable regulations concerning content and
completeness, the application will be officially accepted for detailed review
and approval. Within three days after official acceptance, the Concept Plan and
application shall be forwarded to individual members of the Commission,
member s of the Council who do not also serve on the Commission, the Village
Clerk, Village Solicitor, Village Engineer, Consulting Planner and such other
individuals as the Village Administrator may deem an interested party. Upon
receipt of the Concept Plan, the Commission shall initiate its study of the
`- proposed project which shall culminate in recommendation by the Commission
to the Council.
450. 082 Following official acceptance of the Concept Plan and
application, the Commission shall have thirty (30) days in which to submit its
report of recommendations to the Council. Said recommendation may be for
approval, denial, or approval with suggested modifications. Within sixty (60)
days of the receipt of the report of recommendations from the Commission or
as soon thereafter as practicable, the Council shall approve, deny, or approve
with modifications, the Concept Plan. Approval of the Concept Plan shall be
authorization to prepare and submit a Preliminary Development Plan.
The approval or approval with modifications either by the
Commission or the Council shall be of no binding effect and shall in no wise
vest any rights in the applicant or effect a zoning of the land.
450.083 Within one hundred and eighty (180) days of notice of
approval of the Concept Plan, the applicant may submit a Preliminary
Development Plan for approval. Failure to submit a Preliminary Development
Plan within one hundred and eighty (180) days shall invalidate any prior
approval or fee payments. Submittal of said plan shall be to the Village
Administrator who shall insure that the plan and all supporting documentation
concerning content and completeness comply with regulations of this ARTICLE
before accepting the plan for detailed review and further processing. No
preliminary development plan will be officially accepted for processing and
review unless it is in conformance with the previously approved Concept Plan.
Within three (3) days of official acceptance, the Preliminary Development
Plan and accompanying documents shall be forwarded to the Council where an
ordinance shall be drawn concerning the requested zoning change. The
Preliminary Development Plan, accompanying documents and ordinance shall
then be forwarded to the Commission for study and recommendation. Copies
of the Preliminary Development Plan shall also be forwarded to the Village
Engineer, Planner and Solicitor for report, which reports shall have been
received by the Commission prior to the Commission's recommendations being
made to Council.
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450. 084 The Commission shall have a reasonable time not
less than thirty (30) days to consider the Ordinance and the Plan and to report
its recommendations to Council. When the report and recommendations of the
Commission are received by Council, the Council shall establish a date for a
public hearing on the Ordinance and the Plan giving notice in accordance with
the provisions of Section 716 of this ordinance. Such public hearing shall be
held within ninety (90) days after the receipt of the report of the Commission.
Each member of the Commission shall be given reasonable notice of the
public hearing before Council and shall be permitted in his official capacity as
a member of the Commission to participate in the hearing and provide advice
to Council.
~.
The report of recommendations of the Commission on the
Preliminary Development Plan and the ordinance as well as the Plan and the
ordinance shall be available for public inspection for the period of thirty (30)
days immediately preceding the public hearing. Adoption of the ordinance
including the Preliminary Development Plan shall constitute a rezoning of the
property included in the Preliminary Development Plan subject to the applicant's
compliance with the provisions of Sections 450.085 through 450.089 prior to
the development or the construction of improvements contained in the Preliminary
Development Plan.
450.085 Within two hundred and forty (240) days of notice of
approval of the Preliminary Development Plan, the applicant may submit a
Final Development Plan for approval. Failure to submit a Final Development
Plan for at least ten percent of the gross area contained within the approved
Preliminary Development Plan where mixed uses are included within the plan
or ten percent or ten (10) acres whichever is greater where only residential
uses are included within the Plan within two hundred and forty (240) days shall
invalidate any prior approval or fee payments. Submittal of said plan shall be
to the Village Administrator who shall insure that the plan and all supporting
documentation concerning content and completeness comply with the regulations
of this ARTICLE before accepting the plan for detailed review and further
processing. Within three (3) days of official acceptance, the Final Development
Plan and accompanying documents shall be forwarded to the Commission for
study and approval. Copies of the Final Development Plan shall also be forwarded
to the Village's Engineer, Planner and Solicitor for report, which report shall
have been received by the Commission prior to the Commission's approval of
the Final Development Plan.
450. 086 Following receipt of a Final Development Plan and
accompanying documents from the Village Administrator, it shall be the duty
of the Commission to review said plan and determine whether it complies with
regulations of this ARTICLE, that it represents a detailed and precise expansion
and delineation of the previously approved Preliminary Development Plan and
that it complies with all conditions which may have been given at the time of
approval of the Preliminary Development Plan or that before it can be considered,
it requires an amendment of the Preliminary Development Plan as set forth in
Section 450.063.
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450.087 If the Commission finds that the Final Development
Plan complies in all respects with the regulations of this ARTICLE and the
previously approved Preliminary Development Plan, the Commission shall
approve the Plan and the Chairman of the Commission shall affix his 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 within
boundaries of the Final Development Plan, it shall require that an amended
Preliminary Development Plan be submitted and approved in accordance with
the provisions of Section 450. 062, 450. 07, 450.083 and 450. 084 before
considering the Final Development Plan. At such time as said amended
Preliminary Development Plan is so approved consideration to said Final
Development Plan shall be given by the Commission in accordance with this
section and Section 450.086. Following approval of the Final Development
Plan and the attestation of such action by the Chairman of the Commission, the
applicant shall provide one (1) Mylar copy of all plans a pat•t of the Final
Development Plan for records of the Village.
At any time the applicant and/or his successors in title to the
property 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 said amended Preliminary
Development Plan shall in all respects be considered as if it was the originally
adopted Preliminary Development Plan.
450. 088 Following approval of a Final Development Plan by the
Commission, a Final Subdivision Plat for the area covered by the Final
Development Plan shall be prepared for Council approval prior to appropriate
recording.
450.089 No Final Plat shall be approved by the Council as a
Final Plat unless:
(1) the owner shall have completed or shall have agreed in
writing to complete, all public improvements required by the Final Development
Plan within one (1) year from the date of approval of the Final Plat or such
extension of time as may be granted by Council and shall have agreed that he
will maintain such public improvements for a period of one (1) year after their
acceptance by the Village.
(2) the owner has agreed that all construction work and materials
used in connection with public improvements in the area platted will conform to
the requirements of the Village and be installed under the Village Engineer's
general supervision; that he will notify the Village Engineer in writing three (3)
days or more before any construction has begun on such improvements in order
to permit inspection; that he will hold the Village free and harmless from any
and all claims for damages of every nature arising or growing out of the
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construction of such improvements, and shall defend, at his cost and expense,
any suit or action brought against the Village by reason thereof, until the
improvement has been accepted by the Village; that in the event of any
violation of or non-compliance with, any of the provisions and stipulations of
the agreement, the Village shall have the right to stop the work forthwith and
complete or cause the completion of such improvements according to the
approved plat and agreement and that in such event the owner shall reimburse
the Village for any and all expenses incurred thereby.
(3) The owner has furnished a bond or bonds payable to the Village
with sureties acceptable to Council conditioned upon performance by the owner
`~ of the agreement, or in lieu of such bond or bonds, some other security
satisfactory to Council. The aggregate amount or value of said bond, bonds
and/or other security shall be equal to the sum of the following: (a) the
estimated cost of constructing the improvements not already constructed; and
'~ (b) 10% of the estimated cost of construction of all required improvements for
the purpose of maintaining them for a period of one year.
450.09 RECORDING AND TRANSFER. When a final plat is
approved by Council the owner shall file and record the same in the office of
the County Recorder within three (3) months unless such time is, for good
cause shown, extended by resolution of Council. If not recorded within this
time the approval of the Council shall become null and void. If construction is
not begun within five (5) years of approval of the Final Development Plan, all
approvals and permits shall be invalidated and cancelled. Original tracings will
become the permanent record of the County Recorder. One copy of this tracing,
reproduced on mylar, showing the date and place of recording, shall be supplied
by the Owner to the Council as local public records.
450. 10 If an applicant for rezoning to the Planned Unit Development
(PUD) District submits with his application the Concept Plan and a Preliminary
Development Plan for the entire property the subject bf the application, the
provisions of Sections 450.081 and 450. 082 may be dispensed with. Said Concept
Plan and Preliminary Development Plan may be contained within a single document.
The Village Administrator shall insure that the plans and all supporting documentations
concerning content and completeness comply with regulations of this ARTICLE
before accepting the plans for detailed review and further processing. Within
three (3) days of official acceptance, the Concept Plan, the Preliminary
Development Plan and accompanying documents shall be forwarded to the Council
where an Ordinance shall be drawn concerning the requested zoning change. The
Concept Plan, the Preliminary Development Plan, the accompanying documents
and Ordinance shall then be forwarded to the Commission for study and
recommendation. Copies of the Concept Plan and Preliminary Development Plan
shall be forwarded to the Village's Engineer, Planner and Solicitor for report,
which reports shall have been received by the Commission prior to the
Commission's recommendations being made to Council. The Commission shall
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have a reasonable time not less than thirty (30) days to consider the ordinance
and the plans and to report its recommendations to Council. Rather than make
such recommendations the Commission may require the applicant to withdraw
the Concept Plan and Preliminary Development Plan and recommence the
procedures by the filing of a Concept Plan in which case the matter shall proceed
as if no Preliminary Development Plan had been filed. When a report and
recommendations of the Commission are received by Council, the Council
shall establish a date for a public hearing on the Ordinance and Preliminary
Development Plan giving notice in accordance with the provisions of Section 716
of this Ordinance. Such public hearing shall be held within ninety (90) days
after the receipt of the report of the Commission. Each member of the
Commission shall be given reasonable notice of the public hearing before Council
and shall be permitted in his official capacity as a member of the Commission
to participate in the hearing and provide advice to Council.
The report of recommendations of the Commission on the
Preliminary Development Plan and on the Concept Plan and the ordinance as
well as the Plans and the ordinance shall be available for public inspection for
the period of thirty (30) days immediately preceding the public hearing. Adoption
of the ordinance including the Preliminary Development Plan shall constitute a
rezoning of the property included in the Preliminary Development Plan subject
to the applicant's compliance with the provisions of Sections 450. 085 through
450. 089 prior to the development or the construction of improvements contained
in the Preliminary Development Plan.
450. 11 FEES. All fees outlined as follows shall accompany
applications and are non-refundable, regardless of action of the Commission
or Council; provided that, a fee may be returned if the Village Administrator
refuses to accept an application for processing.
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Schedule of Fees
Concept Plan $ 250.00
Preliminary Development Plan
1. Less than 100 acres in area $ 500.00
2. More than 100 acres but less
than 500 acres in area $ 750.00
3. Over 500 acres in area $1, 000.00
Final Development Plan
1. Less than 100 acres in area $ 750.00
2. More than 100 acres but less
than 500 acres in area $1, 000.00
3. Over 500 acres in area $1, 500.00
-13- `.
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SECTION 2. That this ordinance be, and the same hereby is, declared
to be an emergency measure necessary for the immediate preservation of the
public peace, health and safety for the reason that there is an immediate need
for planned unit development regulations in the Village, and that this ordinance
shall take effect and be in force immediately upon its passage.
~'
~~
President Pro Temp
Passed this ~ day of ~r~Aflcat 1973.
Clerk -Treasurer
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- 16 -