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HomeMy WebLinkAbout77-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Ordinance No.__ AN ORDINANCE IMPLEMENTING A TEMPORARY REZONING MORATORIUM IN THE SOUTHWEST AREA OF THE CITY, AND DECLARING AN EMERGENCY ,..,.~ WHEREAS, the area of the City located generally south of S.R. 33 and west of I-270, more specifically set forth in Exhibit "A" is experiencing increasing development pressures; and WHEREAS, the recently adopted Community Plan anticipated development of this area at a significantly slower pace; and WHEREAS, the infrastructure improvements needed for development of the Southwest Area will have major fiscal impacts on the City's capital improvements budget; and WHEREAS, in view of the multi jurisdictional issues for this area in regard to school district boundaries and roadways, Council has directed staff to re-examine the annexation policy contained in the Community Plan; and WHEREAS, Council finds it necessary to impose a temporary zoning moratorium in this area to allow for the update of this portion of the Community Plan to ensure compatible growth and development in the Southwest Area. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~_ of the elected members concurring that: Section 1. City Council and the Planning and Zoning Commission shall not formally act upon any rezoning applications for land located within the Southwest Area of the City for a period of six months from the effective date of this ordinance, or until the aforementioned issues have been addressed by staff to the satisfaction of Council. Section 2. Due to the nature and complexity of the issues raised, Council may, by resolution, extend the rezoning moratorium for an additiona190 days if deemed necessary. Section 3. This moratorium shall not apply to any complete rezoning application which was properly submitted to the City for approval prior to the effective date of this ordinance. Section 4. This Ordinance is declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare, and for the further reason that the development issues specific to the Southwest Area need to be addressed immediately to ensure compatible growth and development in the Southwest Area. This ordinance shall therefore be effective upon passage. Passed ~ day of , 1998. ~ ~ - YresTdint? O Attest: Form No. 30043 Passed--- -- -- - --- - - -- - -- -- -19 I hereby certify that copies of this Ordinance/ City of Dublin in occardance with Section 731.25 op~;orRevised lode. Clerk of Council, Dublin, Ohio Clerk of Council Division of Planning 5800 Shier-Rings Road • Dublin, Ohio 43016-1236 CITY OF DUBLIPI Phone: 614-761-6550 • Fax: 614-761-6566 ~~ ~- To: Richazd Helwig, Assistant City Manager/Director of Development From: Barbara M. Clazkanning Director ~ Date: July 2, 1998 Re: Southwest Rezoning Moratorium -Ordinance 77-98 .~. Memo „~,,, City Council has proposed a temporary hold on new rezoning applications in the Southwest Area, pending prepazation of a new area plan. There are several issues which I would like to raise in response to this. • Given the general length of time to process a rezoning application, asix- month suspension period should not cause unacceptable levels of delay. Six months should also be adequate to undertake an area study. Within that period, the major study conclusions should be appazent, even if it is not fully complete or adopted. • Within the area, there is one rezoning application currently in process. It has been "on hold" at the applicant's request for neazly six months. • There are two approved PUD concept plans which have not yet proceeded to the rezoning phase. These would be stalled. • The staff has not been informed of any rezoning applications within the area which are to be filed in the immediate future. • Some of the zoning in the Southwest Area is LI, RI, and G.I. These industrial zones have woefully inadequate development standazds and permit a wide range of objectionable uses. Occasionally, an application is filed to change the industrial district to a more acceptable zone (for example, the recent Duke application). This might forestall a zoning improvement. • The Assistant Law Director recently advised staff to process zoning of several parcels in the Southwest Area. These aze annexed pazcels which still cazry Washington Township zoning. These can be prepazed for processing at the end of the moratorium period rather than during it. This should still accomplish the goal. • There is at least one right-of--way acquisition in the Southwest Area in which the property owner has indicated an interest intent in commercial rezoning as a pazt of the settlement. This too, would be postponed. In brief, there may be occasional problems raised by the proposed moratorium. The anticipated problems aze expected to be manageal~lg. SUBMITTED TO COUNCIL BMC/laf ~ °~ 8 F0~ ~-7L~~P/iUC~~.c'~.'y 6 ... RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 130-98 - -------19-------- Ordinance No.------~---------------- Passed----------------------------------------- - AN ORDINANCE EXTENDING THE TEMPORARY ZONING MORATORIUM IN THE SOUTHWEST AREA OF THE CITY, AND DECLARING AN EMERGENCY WHEREAS, Dublin City Council enacted emergency Ordinance 77-98 on the 6`h day of July, 1998 implementing a temporary rezoning moratorium in the Southwest Area for a six (6) month period; and WHEREAS, the aforementioned ordinance, a copy of which is attached hereto and incorporated herein, described the Southwest Area of the City as the area located generally south of- S-.R: 33 and west of I-270, as an area experiencing increasing development pressures; and WHEREAS, during this six (6) month period, Staff and Council's Community Development Committee have interviewed and retained a consultant to prepare a Southwest Area Study which is the first in a two step process to fully develop a revised plan for this area; and WHEREAS, the Community Development Committee met on November 9, 1998 to review a proposal submitted by Wallace Roberts & Todd to serve as urban planning and design consultants for the Southwest Area Plan; and WHEREAS, the Community Development Committee recommended that the temporary rezoning moratorium in the Southwest Area be extended for an additional six (6) month period and that the aforementioned consultants be retained to finalize the planning process; and WHEREAS, Staff has recommended that four development proposals which entered the rezoning process prior to the implementation of the temporary moratorium, be exempted from this moratorium extension in order that they may proceed with development; and WHEREAS, for all the reasons set forth above, and for the reasons set forth in Ordinance 77-98, Council finds it necessary to extend the temporary rezoning moratorium in the Southwest Area to enable the planning process to continue to insure compatible growth and development within the Southwest Area. NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section l . The temporary rezoning moratorium as set forth in Ordinance 77-98 is hereby extended for an additional six (6) months through July 5, 1999. Section 2. Except as set forth in Section 3 herein, during this extended moratorium period, City Council and the Planning Commission shall not formally act upon any rezoning applications for land located within the Southwest Area of the City unless the aforementioned issues have been addressed by Staff to the satisfaction of Council. Section 3. The following parcels/developments shall be exempt from the terms and provisions of this moratorium; Young Tract, Eiterman Road; Rezoning Application 97-0972; Windmiller Parcel, Wilcox Road; Rezoning Application 97-0332; Trees Tract, Avery Road; approved Concept Plan 97-035Cp; Avery Village Commons, Avery Road; approved Concept Plan. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._______..________________ Passed__ Page two Section 4. This moratorium shall not apply to any complete rezoning applications which were properly submitted to the City for approval prior to the effective date of Ordinance ~"""' 77-98. i ~""" ~~. This Ordinance is declared to be an emergency for the immediate preservation of the public health, safety and welfare,and due to the fact that development issues specific to the Southwest Plan are currently being addressed in order to preserve the character and nature of that section of the City of Dublin, and to meet the goals of the Community Plan. Passed this- day of 199~.~ Officer ATTEST: Clerk of Council 1 rere!,~ rsrtif~~ thn; codes of this Or:f-nance~~esnlution were posted in the City et D}blip in acco~-.'~n~e wad Section 131.25 of the dhio Revised Code. it ~}s~ Cler f Council, Dublin, Ohio ., i S:\D.4TA\COLJNC[L\ORD[NANC\STH WST.MOR ~.. >: Steve Smith From: Kim Littleton Subject: Projects Potentially Exempted From Southwest Area Moratorium Date: November 20, 1998 Young Tract, Eitermau Road; 97-0972 (Rezoning application filed, pre-moratorium) The request is to rezone the parcel from R-113 (Washington Township) to PIP, Planned Industrial Park. After postponing the case in August of 1997, the case was later tabled by the Commission on December 11, 1997. The application remains on file and "on hold" at the applicant's request. Windmiller Parcel, Wilcox Road; 97-0332 (Rezoning application filed pre-moratorium) This site was rezoned PCD, Planned Commerce District in 1990 as a larger mixed use plan. An updating of the Thoroughfare Plan forced several changes to the approved PCD. Staff encouraged the applicant to file a plan revision because the old plan was not compatible with the new rights-of--way. The proposal was tabled at the October 3, 1998 Planning and Zoning Commission meeting and referred to a subcommittee. The subcommittee met ~n October 12 and October 27, 1998. Mr. McCash offered to bring the matter up with Council at its next meeting. . rees Tract, Avery Road; 97-035CI' (Approved concept plan) ""A concept plan was approved for this property by Council on June 23, 1997. This requires rezoning to PUD, Planned Unit Development to permit an office or day-care use and 11, two-family dwellings. Mo Dion of the Stonehenge Company has approached the City regarding exemption from any extension of the moratorium. Approval of the concept plan is non-binding. It expires after 180 days if a preliminary development plan has not been filed, but this time limit has never been enforced by Dublin. Avery Village Commons, Avery Road; (Approved concept plan) A concept plan was approved for this property by Council in 1996. The request was to rezone the parcel to PUD, Planned Unit Development to permit amulti-family residential development. Approval of the concept plan is non-binding, and it expires after 180 days if a preliminary development plan has not been filed. Again, Dublin has never enforced this time limit. A rezoning application (preliminary development plan) was filed on October, 1997 tc rezone the property to PUD to permit a combined multi-family and single-family development (it was different from the concept plan). The Planning and Zoning Conunission recommended disapproval of the application in March of 1998 and Council voted to disapprove; the application in May of that year. Swicard Property, Avery and Woerner Temple Roads; 98-1182 (New rezoning application) This application was filed on October 30, 1998 during the current moratorium. The request is to rezone the property to PCD, Planned Commerce District to permit a neighborhood retail development. The applicant has been informed ,,,~„ that the application will be deferred until the moratorium expires. 'ending Plats/Permits There are a number of other projects that received zoning approval prior to the moratorium that leave either received plat approval or are in various phases of construction. These projects were exempted under the previous moratorium, and these are not listed. Staff assumes a moratorium extension is not intended to apply to zoned land. Division of Planning 5800 Shier-Rings Road • Dublin, Ohio 43016-1236 Phone: 614-761-6550 • Fax: 614-761-6566 i CITY OF DUBLIN ~ /(A ~ O To: Dublin City Council Members )EYom: Tim Hansley, City Manager Initiated By: Rick Helwig~,A~s~si~stant City Manager ~ it of of Development Bobbie Clarke;'~irector of Planning Date: September 1, 1998 Update: Southwest Area Study After interviewing two national firms to prepare the Southwest Area Study, Wallace, Roberts and Todd was selected. The Wallace, Roberts and Todd study team includes Duncan Associates (development standazds specialists), Eric Damian Kelly (land use law) and Randall G.Arendt (land conservation /open space). This team seemed to be much stronger in its ability to give us solid legal advice and a framework to proceed. The success of the Southwest Area Study depends upon Dublin's ability to vupl~u~nt its vision for that area. 'Implementation is expected to involve adoption of new growth management tools (for example, ordinances on adequate ... ~ public facilities, growth phasing, etc.). l . As a result of our assessment that the plan must be "do-able, " it was decided to split this study into two phases. The purpose of the first phase is to draft a legal context memorandum. It will be a written report addressing Dublin's potential use of these growth management tools and regulations. Following receipt and assessment of that, the second phase will be undertaken by Wallace, Roberts and Todd or another consultant. The balance of the original study will take place in the second phase under a separate contract. The revised scope and contract for the first phase are being reviewed by Wallace, Roberts and Todd. The contract amount is $26,500 for the first phase. The second, and more expensive, phase of the study will need to be based on the findings under this first contract. Staff expects to receive the :.signed contract by September 4, 1998 for the first phase. I ~~ of D~L~ M e m o To: Dublin City Council Members From: Tim Hansley, City Manager Initiated By: Rick Helwig, Assistant City Manager/Director of Development Bobbie Clarke, Director of Planning Date: September 17, 1998 Update: Southwest Area Study This is a brief update on our progress on the goal adopted by City Council regarding an in-depth planning study of the Southwest area of Dublin. The revised scope and contract for the first phase of the Southwest Area Study have beat signed by Wallace, Roberts and Todd. The first phase will center on implementation tools and legal mechanisms of development control. The second phase of the study will need to be based on tln findings under this first contract. An all day work session (to begin Phase I) is scheduled for September 21: This meeting is to involve the Chairperson of the Development Committee, the °~"'~'" Chairperson of the Planning Commission, the City's legal counsel, a Washington Township representative, and City staff. The purpose of the September 21 work session is to identify and review growth management issues with the planning and legal consultants and to establish the parameters for the legal feasibility study. In the morning session, Eric Damion Kelly (legal consultant) will make a presentation on growth management tools followed by a group discussion of issues. The afternoon session is geared toward consultant interviews with key persons in attendance. The information obtained from this work session will be made a part of the legal feasibility study. The Phase I process is to be completed by October 22, 1998 ~~ manager and legal advisor and WRT's partner-in-charge and project director. City staff will determine the format o~the presentations and discussions to be conducted during the day (workshops, presentations to City boards, etc.). Estimated Cost: ,~,,, Labor (52 hours) $6,322 Direct Expenses $2,375 Total $8,697 SOUTHWEST AREA PLAN CITY OF DUBLIN, OH TENTATIVE SCHEDULE 11 /24/1998 Local Perspective Interviews Development Subcommittee/Public Workshop #1: Issues, Threats, and Opportunities Submission of Alternatives Report Council Community Development Committee Concept Review and Refinement/Public Workshop #2 Submission of Preliminary Draft Plan Submission of Draft Plan and Ordinance Submission of Final Draft Plan and Ordinance Public Workshop #3: Final Review and Adoption December 2 to 4, 1998 January 5 or 6, 1999 Week of February 15, 1999 Week of March 1, 1999 Week of March 29, 1999 Week of May 10, 1999 June 1, 1999 June 1999 Note: The above schedule assumes aone-week turnaround for staff comments on the Preliminary Draft Plan, Draft Plan and Ordinance, and Final Draft Plan and Ordinance. - - EXHIBIT A SCOPE OF SERVICES Phase One: Defining Issues, Threats, and Opportunities I.I Data Collection and Analysis ,~„ The Consultant will review pertinent prior plans and studies, including the Dublin Community Plan and the 1993 Southwest Area Plan. Together with digital and other data provided by the ~,,.,,, City, information from these sources will be used to prepare a series of maps chazacterizing existing conditions, including land use, zoning, and key natural resources. The status of all planned, proposed and committed (approved) developments will be recorded along with the status of all planned public improvements, based on information provided by the City. The Consultant also will review field conditions and photographically record typical conditions. I.2 Local Perspective Interviews As a means of gauging the degree of consensus on community values and future aspirations for the Southwest Area, the Consultant will, over atwo-day and two-night period, conduct a series of brief one-on-one or small group interviews, as deemed appropriate. These interviews will include key staff, council members, planning and zoning commissioners, civic leaders, neighborhood and business associations, key property owners, and members of the farming community, as determined by the City. I.3 Development Patterns and Trends The Consultant will review development permit and population growth data in order to estimate probable future development patterns and loss of presently rural areas to suburban sprawl. Additionally, the entire Southwest Area will be evaluated and ranked in one of several categories, as follows: • Existing Development -- Stable • Existing Development -- Obsolescent • Undeveloped -- Short Term Development Probability ~ Undeveloped -- Long Term Development Probability • Undeveloped -- Protected l.4 Natural Resources and Community Character In conjunction with Task 1.1, the key elements of the character of the Southwest Area will be mapped and evaluated. These will include primary conservation areas (i.e., azeas with development constraints), such as wetlands and floodplains, as well as areas in public ownership or otherwise relatively immune from development pressures. Secondary conservation areas will also be mapped and evaluated. These areas will include unprotected elements of the natural and cultural landscape deserving preservation, such as woodlands and other important habitat and azeas of high scenic, historic or cultural value. These resources may later become the framework that defines greenways, open space and wildlife corridors and other azeas worthy of special protection measures. In addition to the evaluation of natural resources, an overall assessment of elements in the Southwest Area important toy urban design and community character will be conducted, addressing such elements as the characteristics of existing development, gateways and corridors, landmarks, and character zones: 1.5 Workshop One: Issues, Threats and Opportunities *~ In the first of three community workshops, the Consultant will review input received from local perspective interviews, conclusions from the evaluation of development patterns and trends, natural resources, and community chazacter. The Consultant will then facilitate aconsensus- building process to pinpoint key elements of community chazacter worthy of preservation and/or community investments. These identified issues, threats and opportunities will become the focus for the prepazation of development concepts in Phase Two. Phase Two: Concept Development 2.1 Preliminary Alternative Concepts In this phase the Consultant will develop preliminary alternative concepts for the future of the Southwest Area. These concepts will be developed based upon the issues, threats, and opportunities identified in Phase One, and are expected to address the following: 2.1.1 Land Use Patterns The Consultant will depict and describe up to three alternative patterns of land use and density, refining the conceptual land use pattern contained in the Dublin Community Plan to establish an image of the Southwest Area consistent with the character of the rest of the city. 2.1.2 Natural, Scenic and Open Space Systems As part of alternatives development, the primary and secondary conservation areas defined in Task 1.4 above will become the basis for identifying an open space system comprising elements such as greenways, parks, bikeways; wildlife corridors, waterways and other components of a "green" network throughout the Southwest Area. 2.1.3 Elements of Community Character In contrast to the "green" component above, the elements of community character will include characteristics of the man-made environment, including the road network and roadway design features, designated azeas for redevelopment and revitalization, and areas subject to unique design guidelines or development criteria. Additionally, key community landmazks will be addressed including gateways, historic sites and structures, community facilities and infrastructure systems. Likewise, a concept or concepts for the creation of a "village center" in Amlin will be explored. 2 2.1.4 Preliminary Development Standards "Conceptual support drawings" will be prepared by the Consultant as necessary to depict conceptual approaches to certain key design and development criteria. Drawings will be prepared at suitable scales to depict the following elements: • Roadway cross-sections (and buffer details) • Subdivision design criteria, including conservation subdivision design and/or ,~,. various "neotraditional"forms • Village center • Prototypical neighborhood retail development • Prototypical multifamily development 2.1.5 Development/Redevelopment Strategic Opportunities In addition to exploring the manner in which the City can influence development quality through design criteria and investments in capital improvements (roads, parks, infrastructure, greenways, etc.), this task will explore additional strategic opportunities. These may include areas designated for redevelopment so as to directly control the process of replacing land uses. Also suggested will be opportunities for City acquisition, assembly and disposition of undeveloped areas that would more effectively ensure the creation of the desired community character. 2.2 Workshop Two: Concept Review and Refinement In the second workshop, the Consultant will present the concepts developed in Task 2.1, which are expected to include the following elements: • Land uses and densities • "Green" networks +""""' Community character • Development standards, and °"' • Development/redevelopment strategies Once again, the Consultant's role during this community workshop will be to facilitate a consensus-building process leading to preferred concepts in each of the categories listed above. Phase 3.0: Plan and Ordinance 3.1 District Plan The District Plan will consist of a combination of graphics and text, prepared in format compatible with WordPerfect. As determined by the results of previous phases of the planning process, specific components of the plan may include the following: 3 3.1.1 Illustrative Land Use Plan This plan will consist of acolor-rendered diagram schematically depicting land use and density patterns, along with key elements of "green" networks (open space systems) and community character (village center, roadway corridors, etc.). 3.1.2 "Green "Networks This component will comprise diagrams and text describing areas identified and defined for protection through various incentive tools, ranging from conservation easements to fee simple acquisition. 3.1.3 Elements of Community Character These elements, as stated previously, will include village center development, and development standards pertaining to roadways, single family subdivisions, multifamily development, neighborhood retail, etc. 3.1.4 Development/Redevelopment Strategies Strategies established for development and/or redevelopment will encompass areas designated for land use changes, as well as for direct City involvement in guiding such changes. 3.1.5 Implementation Element The implementation element will set out the estimated costs, responsibilities and "next steps" necessary to attain the goals of the plan. 3.2 Draft Overlay Zone Ordinance The Consultant will draft one Overlay Zone Ordinance for the Southwest Area consistent with Ohio law, including purpose statement, permitted and conditional uses, development standards, procedures, and appeal process. As determined by previous steps of the planning process, the ordinance will incorporate land use and development standards pertaining (as directed) to conservation subdivision development, "neotraditional" design, buffers, setbacks, etc. 3.3 Review and Refinement The Consultant will make adjustments to the graphics and text aihong the above deliverables in response to Staff review. Text prepared for the final presentation will be consistent in format with the "Dublin Community Plan" and will be provided to staff in hard and compatible electronic copies. 3.4 Workshop Three: Final Review and Adoption Over a two to three-day period, the Consultant will participate in a series of public presentations to the Planning and Zoning Commission and the City Council for final review and adoption of the District Plan and the Overlay Ordinance. 4 'Ar i CITY OF DUBLIN ~ ~ ~ O To: Dublin City Council Members mom: Tim Hansley, City Manager ~; Initiated By: Rick Helwig, Assistant City Manager irector of Development ~~3obbie Clarke, Director of Planning Date: December 1, 1998 Update: Southwest Area Study For your information, we have attached two memos that you received explaining the rationale and outlining the process for the first phase of the Southwest Area Study. This first part of the Southwest Area Study (determining possible methods of implementation which could be available in Ohio) is complete. A copy of the Supplemental Recommendations for Implementation has been distributed to City Council and copies will'be distributed to the Planning Commission this week. The second, more involved, part of the six-month study is currently underway. A revised scope of services and schedule aze attached to familiarize you with the process and expected e~-* products/deliverables. The schedule outlines tentative meeting dates and the time frame for deliverables. The study is made up of three phases with a public workshop at the end of each ~"' phase. Representatives from our consulting firm, Wallace, Roberts and Todd are beginning the data collection and analysis phase. They are conducting local perspective interviews from December 2-4, 1998. The first of three public workshops is tentatively scheduled for the week of January 4, 1999. The remaining two workshops are scheduled for early Mazch and early June 1999. The final draft plan and overlay district ordinance will also be submitted in June.