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144-99 Ordinance RECORD OF .ORDINANCES Da on Le al Blank Co. rm 004 Ordinance No Passed AN ORDINANCE EXTENDING THE TEMPORARY REZONING MORATORIUM IN THE SOUTHWEST AREA OF THE , CITY, AND DECLARING AN EMERGENCY WHEREAS, Dublin City Council enacted emergency Ordinance 77-98 on the 6th 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, Dublin City Council enacted emergency Ordinance 130-98, a copy of which is attached hereto and incorporated herein, on the 5th day of January, 1999 extending the temporary rezoning moratorium for an additional six (6) month period to July 5, 1999 for the retention of a Consultant; and WHEREAS, Dublin City Council enacted emergency Ordinance 69-99, a copy of which is attached hereto and incorporated herein, on the 21st day of June, 1999 extending the temporary rezoning moratorium for an additional three (3) month period to October 5, 1999 for finalization of the Southwest planning process; and WHEREAS, Dublin City Council approved by motion on October 4, 1999, an extension of the temporary rezoning moratorium in the Southwest Area until January 1, 2000; and WHEREAS, it has been recommended that the temporary rezoning moratorium in the Southwest Area be extended for an additional sixty (60) day period in order to complete 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 Ordinances 77-98, 130-98, and 69-99, 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, T~FORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The temporary rezoning moratorium as set forth in Ordinance 77-98 and extended by Ordinance 130-98, Ordinance 69-99, and Council motion is hereby extended for an additional sixty (60) days through February 29, 2000. Section 2. 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. Section 3. 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. RECORD OF ORDINANCES Dayton Legal Blank Co Form No. 30043 Ordinance No Passed Page Two . Section 4. 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 ~ ~L' . - , 1999. ayor -Presiding Officer ATTEST: Clerk of Council wr,.,. I hereby certify that copies of this Ordinance/ City of Dublin in accordance with Section 731.25 0~~ orReVOised t tl$hr f }s5r Clerk o Crs f!, Dablin. io (yi,... i c. 4 trr 'k; = 8~I ,f'1: ! ~ } 4 t.. -,L- c. ~7 ~ I t. ~ t sa,a~ _ LSD ~,s, a _ ~ a ~ g t s ~ ,y t1 . M~ 1 ' Hillia 'a ~5 ;'c ~ Lcgcnd CO M N1 U N ITY Mun(c(pal Boundary Anncx by 2000 pL~ N Proposed Metro Park Boundary Anncx by 2010 City of - DUBLIN Moratorium Area Ohlo Prepared with the aeslotance ofi LDK IntcrneUona~ Inc. Southwest Area Moratorium 0 4000 8000 Fcct I a __-a._..~~~....~ ~ . _ _ _-6.... RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 i Ordinance No.--------------------- Passed------- ------------------------------------------19-------- 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 I 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 fords 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 I growth and development in the Southwest Area. ~ I NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: 1 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 j ~ resolution, extend the rezoning moratorium for an additiona190 days if deemed necessary. I j 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 j 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. I ;r.y... i I or - re iding Officer I hereby certify that copies •f this Ordinance/Rerofntiutr~iere posted in th ~j City of Dublin in accordance with Section 731.21 of the Ohio Revised,' Code. Attest: ~ ~ Clerk of Council, Dublin, Ohio - I Clerk of Council 'I I RECORD OF ORDINANCES Dayton Legal flank Co- Form No. 30043 i ~ 130-98 ---19-------- ~ Ordinance No.------------------------ Passed-------~--------------------------------------- AN ORDINANCE EYTENDING THE TEMPORARY ZONING MORATORIUM I\T THE SOUTHWEST AREA OF THE CITY, AND DECLARING AN EMERGENCY i 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 i 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 t<vo 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: Sect>.;?n 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. ,5.~.~tion 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 ternls 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; II Avery Village Commons, Avery Road; approved Concept Plan. 4 _..-1._._„~........~....m.~.- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ' Page ri Ordinance No•------------------------ Passed------- 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 ~ Section 5. 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. i Passed this- day of , 199~.~ ' i I Ma - residing Officer I ATTEST: ~ ~ ' Clerk of Council ~ i i • ~ he.e`+" rerli{',' that coo~es of f'ds Or;lnancelResolution were posted in the Gty of ~.biin in acro~•'~nte vr't5 Section 131.25 of the Ohio Revised Lode. i ~s5~j, (ler f Council, Dublin, Ohio ..w I S:\DATA\COUNCIL\ORDINANC'STFI~VST.~10R I I ~z^. el .~~;r=:. ' T • .ti. i `r `r~ ~..ti-, ~ I sR psi • S ~,s, _ Y: - ~ a _ ~ ~1 µ fi~ • e. _ ~i Hlllla i p: 1 .R! Lcgcnd COMMUNITY Munfc(pal Boundary Anncx by 2000 ~L~ N Proposed Metro Park Boundary Anncx by 2010 City of DUBLIN Moratorium Area Ohio Prepared with the aealstancc ofi LDK International, Inc. D 4000 8000 Fcct Southwest Area Moratorium.