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File #: 2119-2005    Version: 1
Type: Ordinance Status: Passed
File created: 11/28/2005 In control: Utilities Committee
On agenda: 12/12/2005 Final action: 12/14/2005
Title: To extend the current moratorium on extension of Columbus City Sewer and Water Pipelines into the Big Darby Watershed; originally enacted by initiative Petition through ordinance 1700-02 and extended through ordinance 1397-2004; due to expire on December 31st, 2005; for the purose of completing a comprrehensive planning effort; to June 30th, 2006; and to declare an emergency.
Explanation
 
BACKGROUND:  On November 22, 2002, City Council passed ordinance 1700-02, enacted by Initiative Petition, which suspended extension of Columbus City water and sewer service infrastructure development into the Big Darby Watershed for a two-year period.  Ordinance 1397-2004 extended the moratorium. To December 31st, 2005.  The purpose of this ordinance is to extend this date to June 30th, 2006.
 
The purpose of the original moratorium was to provide time for the City of Columbus and other governmental entities with land use jurisdiction in the Darby Watershed to consider and/or implement a comprehensive land use development plan therein.  The moratorium was also intended to protect the interests of all affected landowners against immediate residential and commercial construction that might be inconsistent with the provisions of any comprehensive plan that may ultimately be put in place.  The City has joined with nine other local jurisdictions to form the Big Darby Accord.  Since passage of the original ordinance, the Accord members have made significant progress in completing the comprehensive land use development plan The Accord members have agreed on a Mission Statement that sets forth the purposes and goals of the land planning effort.  The Accord Members have retained a consultant who has developed a preliminary development plan for the area. This additional extension of the aforementioned moratorium will allow time for the completion of this plan by the various jurisdictions.
 
FISCAL IMPACT:  There will be no fiscal impact associated with passage of this ordinance.
 
Title
 
To extend the current moratorium on extension of Columbus City Sewer and Water Pipelines into the Big Darby Watershed; originally enacted by initiative Petition through ordinance 1700-02 and extended through ordinance 1397-2004; due to expire on December 31st, 2005; for the purose of completing a comprrehensive planning effort; to June 30th, 2006; and to declare an emergency.
 
Body
 
WHEREAS, the City desires to sustain the Big and Little Darby Creeks so that they continue to be healthy, biologically diverse, and a recreational treasure for current and future generations; and
 
WHEREAS, the City passed legislation prohibiting the extension of Columbus City Sewer and Water Pipelines into the afore-described area on November 25, 2002; and
 
WHEREAS, the City passed ordinance 1397-2004 extending the moratorium through December 31, 2005; and
 
WHEREAS, the City has joined with nine other local jurisdictions in establishing the Big Darby Accord to perform comprehensive, multi-jurisdictional land use planning for the area of the Big Darby; and
 
WHEREAS, the members of the Big Darby Accord, including the City, have agreed on a Mission Statement that sets forth the goals of the land use planning effort, and have jointly retained a consultant to assist with the land use planning efforts; and
 
WHEREAS, the Big Darby Accord members, along with the consultant, have conducted public input efforts, as well as water quality modeling, to develop a preliminary draft land use plan;  and
 
WHEREAS, the Accord Members, including the City, need additional time to complete the land use plan and implementation strategy; and
 
WHEREAS, the Moratorium is necessary while the land use plan is being finalized; and
 
WHEREAS, the City therefore needs to extend the moratorium through June 30, 2006, and
 
WHEREAS, Hilliard City Schools are facing a critical need for  additional high school capacity; and  
 
WHEREAS, it is immediately necessary to extend this moratorium to June 30, 2006 to allow for the development of a comprehensive, intergovernmental plan for the protection and sustenance of the Darby Watershed for the preservation of the public health, property, safety, and welfare,  now therefore,
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1.  That the original moratorium, which was enacted by Initiative Petition and ordinance number 1700-02 (passage of which occurred on November 25th, 2002) and extended by ordinance 1397-2005 through December 31st, 2005, is hereby extended to June 30th, 2006; with the exception that should Hilliard City Schools identify a necessary school site such moratorium shall not apply to that  site.
 
SECTION 2.  That the time extension will allow affected jurisdictions to address land use issues, infrastructure needs, stormwater management practices, and other issues as determined.
 
SECTION 3.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force and after its passage and approval by the Mayor or ten day after passage if the Mayor neither approvals nor vetos the same.