Explanation
BACKGROUND: The purpose of this legislation is to join with other jurisdictions in approving a Big Darby Revenue Program that specifies the sources and uses of revenue needed to properly protect the vital environmental resources of the Big Darby and promote managed development. , and to proceed to prepare for future consideration a detailed agreement that will advance the implementation of the Big Darby Accord Plan.
In 2006 Columbus joined with Franklin County and several cities and townships local jurisdictions to develop and adopt the Big Darby Accord Watershed Master Plan. The Accord Plan set a long term vision and general land use plan to protect the area, while allowing balanced and planned development that would be consistent with these environmental purposes. Since that time the jurisdictions have been cooperating with each other and various entities to implement aspects of the Plan. Such steps have included setting up the Accord Advisory Panel to conduct initial land use review and an Open Space Advisory Council (OSAC) to advise on preservation priority. Columbus and partner jurisdictions perceive a need to agree upon a revenue program to make similar progress in making available essential resources and providing some guidance as to their use.
FISCAL IMPACT: No funding is required for this legislation.
Title
To resolve to approve the Big Darby Revenue Program.
Body
Whereas, the Big Darby Accord Watershed Master Plan of June 2006 was prepared and has been adopted by multiple jurisdictions for the purpose of conserving and protecting the vital environmental resources of an 84 square mile area within the Franklin County portion of the watershed, while fostering managed development that is appropriate, balanced and well planned; and
Whereas, as the first paragraph of the Plan's Executive Summary states, "The Big Darby Watershed in central Ohio is one of the most biologically diverse aquatic systems in the Midwest, home to 38 state and federally listed aquatic species. Big and Little Darby creeks have been designated as State and National Scenic Rivers."; and
Whereas, The second paragraph of same states in part: "The Big Darby Accord Plan is intended to serve as a multi-jurisdictional guide for development and conservation. The Plan represents a long-term vision and general land use plan for the future that brings together multiple interests in an effort to protect and preserve the watershed while providing guidance for managed growth."; and,
Whereas, It is understood that the success of any such long-term vision and general plan depends upon ongoing efforts to develop and refine detailed implementation programs and take other necessary steps to implement such vision and plan; and
Whereas, many steps have been taken to implement aspects of the Plan, including establishing the Big Darby Accord Advisory Panel that is conducting initial land use and zoning review of proposed development in the watershed, and establishing the Open Space Advisory Committee (OSAC) that is studying priorities and methods for the acquisition and protection of environmentally sensitive Big Darby land; and
Whereas, a number of governments involved recognize that the time is ripe for moving forward on critical implementation programs and steps needed to effectuate several of the Accord Plan Principles, specifically including (from page 2 of Executive Summary):
· Growth will be served by adequate public facilities, particularly central sewer
· A development policy that provides for mechanisms to acquire environmentally sensitive areas
· A memorandum of understanding among Accord members to implement the agreed upon plan
· Development without the condition of annexation
· Mechanisms for cooperative revenue sharing among Accord members
Whereas, staff members of several jurisdictions have worked cooperatively to prepare a proposed revenue program to address both sources (revenue generation) and uses (revenue allocation) of funds necessary to achieve the objectives of the Big Darby Accord Plan. Said Big Darby Accord Revenue Program (October 14, 2008) (Revised April 9, 2009) has been reviewed within the Big Darby Revenue Working Group and discussed with key stakeholder organizations, and on December 2, 2008, all participating jurisdictions that have adopted the Big Darby Accord Plan and several other entities conducted a Big Darby Accord Community Update and Open House, at which this the revenue program and other implementation efforts were fully presented and discussed; and NOW THEREFORE,
Whereas, on March 5, 2009, the City Council Development Committee and Utilities Committee conducted a Joint Public Briefing to prepare for three pending pieces of legislation important to the successful implementation of the Big Darby Accord Plan, namely:
· This resolution to approve the Big Darby Accord Revenue Program;
· An ordinance to authorize entering into the Participation Agreement for proceeding with the Town Center Master Plan study; and
· An ordinance to authorize entering into City-County sewer and water agreements for close by already zoned land within the Big Darby area.
This public briefing included a presentation by City staff (made available to all Council Members) and testimony by representatives of the Franklin County Economic Development and Planning Department, the Franklin County Sanitary Engineer, Prairie Township, the Darby Creek Association, the Building Industry Association (BIA), the Nature Conservancy, MORPC, and Metro Parks. These representatives and City staff also responded to questions by Council Members; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Columbus City Council hereby approves the attached Big Darby Revenue Program (11-26-08) (Revised April 9, 2009).
Section 2. That the Columbus City Council urges staff and attorneys to work with interested government partners to develop a detailed agreement to implement this revenue program and such other matters as may be required to appropriately achieve the objectives of the Big Darby Accord Plan, and to bring such agreement back before the Columbus City Council and the governing bodies of such partner jurisdictions as may also be considering such an agreement, for consideration and final action as each governing body shall see fit.
Section 3 2. That this resolution shall take effect and be in force from and after the earliest period allowed by law.