SPECIFIC RESPONSES TO AREA COMMISSION OPPOSITION :

Transcription

1 SPECIFIC RESPONSES TO AREA COMMISSION OPPOSITION : Area Commission reasons for opposition in black APPLICANT S RESPONSE IN RED. The comprehensive planning and design of stream restoration efforts must be prioritized and completed before approval of any development plans for this area. RESPONSE: THE APPLICANT S PLAN PERMANENTLY PROTECTS THE STREAM CORRIDOR AND THE APPLICANT HAS AGREED TO CONVEY THE STREAM CORRIDOR TO COLUMBUS RECREATION AND PARKS FOR USE AS PUBLIC PARKLAND AND FUTURE CONSIDERATION OF STREAM RESTORATION. THERE IS NO CITY ZONING OR OTHER REQUIREMENT THAT THE APPLICANT PERFORM STREAM RESTORATION PRIOR TO THE APPROVAL OF DEVELOPMENT PLANS. CITING REGULATION THAT DOES NOT EXIST SHOULD NOT BE A REASON FOR AN AREA COMMISSION TO ACTIVELY OPPOSE A DEVELOPMENT PLAN APPLICATION. As this is designated as a Special Pilot LEED area intended to serve as a model for sustainable development, deeper review is required of density allocations if LEED certification is not being pursued or attained. RESPONSE: THE CITY PLANNING STAFF REVIEWED THE APPLICANT S LEED SCORING SHEETS AND DEEMED THEM COMPLIANT WITH BIG DARBY ACCORD REQUIREMENTS. (SEE PLANNING STAFF REPORT TO THE BDA RELATED TO DECEMBER 11, 2018 MEETING.) THE BIG DARBY ACCORD DOES NOT CALL FOR ACTUAL LEED CERTIFICATION BUT REFERS TO LEED NEIGHBORHOOD DESIGN PRINICIPLES WHICH THE APPLICANT HAS COMPLIED WITH. ACTUAL LEED NEIGHBORHOOD DESIGN (LEED ND) CERTIFICATION IS IMPOSSIBLE AT THIS SITE BECAUSE LEED ND APPLIES TO URBAN INFILL SITES AND ASSUMES/REQUIRES DENSITIES OF 7 DU/AC OR MORE. THE BIG DARBY ACCORD CALLS FOR DENSITY AT OR NEAR 3.0 DU/ACRES ON A GROSS BASIS. Need for a thorough and comprehensive traffic plan in this area is required before the addition of a large scale neighborhood. Nearby corridors have not been improved with respect to current traffic conditions significantly impacting the daily lives of current residents. THIS DEVELOPMENT WILL MITIGATE THE NEW TRAFFIC IT GENERATES AND HELP FUND AND SOLVE EXISTING TRAFFIC PROBLEMS, GENERATED BY OTHERS. A MAJOR, MULTI- JURISDICTIONAL TRAFFIC IMPACT STUDY WAS BEGUN LAST JUNE AND COMPLETED ON JANUARY 22 ND OF THIS YEAR, WITH REVIEW COMMENTS RECEIVED FROM AND FOLLOW UP MEETINGS WITH THE CITY, COUNTY AND HILLIARD IN LATE FEBRUARY. AT THAT TIME, THE CITY TRAFFIC MANAGEMENT REQUESTED A FOCUSED EFFORT ON STRATEGIES TO IMPROVE PRE- EXISTING TRAFFIC FLOW AT THE KEY RENNER-ROME HILLIARD ROAD INTERSECTION. THE CITY S TRAFFIC MANAGEMENT TEAM IS APPROPRIATELY EVALUATING HOW TO HARNESS THIS NEW DEVELOPMENT AND THE FINANCE MECHANISMS IT BRINGS TO THE TABLE TO HELP ADDRESS, PRE-EXISTING AND FUTURE TRAFFIC CHALLENGES. THERE IS A CLEAR RECOGNITION BY ALL THAT PRE-EXISTING TRAFFIC CONDITIONS WILL CONTINUE, IF UNADDRESSED, WITH OR

2 WITHOUT THIS DEVELOPMENT. DEVELOPER S TRAFFIC ENGINEERS HAVE PROVIDED SOLUTION OPTIONS FOR REGIONAL ISSUES, OFF-SITE ISSUES FOR CITY TRAFFIC MANAGEMENT AND DEPARTMENTAL REVIEW. THE APPLICANTS WILL REACH A COMPREHENSIVE AGREEMENT WITH THE CITY AND OTHER JURISDICTIONS TO ADDRESS SITE TRAFFIC AND IMPROVE OVERALL TRAFFIC FLOW IN THE AREA PRIOR TO ANY FINAL VOTE ON THE REZONING APPLICATION. IN TERMS OF THE AREA COMMISSION S STATEMENT AND BASIS FOR OPPOSITION, LEGAL STANDARDS GOVERN DEVELOPER S TRAFFIC RESPONSIBILITY. PROPOSED NEW, LEGAL LAND USES CANNOT BE REJECTED SOLELY BECAUSE OF PRE-EXISTING TRAFFIC CONDITIONS. IF THAT WERE THE CASE, MANY EXISTING HOMES WOULD NOT HAVE BEEN BUILT AND THE ECONOMY WOULD STOP BECAUSE ANY NEW DEVELOPMENT ACTIVITY, ANY ECONOMIC, CIVIC, SPORTS, ACTIVITIES ETC., GENERATES SOME ADDITIONAL TRAFFIC. PRE-EXISTING USES IN THIS AREA, AND PREVIOUS, OLDER DEVELOPMENT WERE NOT CURTAILED BASED ON THEIR GENERATING MORE TRAFFIC. PRE-EXISTING TRAFFIC CHALLENGES WILL CONTINUE TO GROW WITH OR WITHOUT NEW DEVELOPMENT OCCURRING. THERE IS NO CHOICE BUT TO ADDRESS PRE- EXISTING TRAFFIC PROBLEMS AND NEW DEVELOPMENT CAN BRING FUNDING AND DESIGN SOLUTIONS TO THE TABLE FOR THAT PURPOSE. Review of the economic impact of large-scale, residential-only housing on school system tax base. Ever-increasing property taxes weigh heavily on many residents ability/desire to stay. A healthier tax base includes mixed-use, commercial revenue to help offset increasing student population and school funding. THIS IS NOT A SITE THAT WILL SUPPORT COMMERCIAL DEVELOPMENT. THIS SITE IS VERY NEAR A MAJOR EXISTING COMMERCIAL CORRIDOR. COMMERCIAL DEVELOPMENT BRINGS WITH IT MORE INTENSE TRAFFIC CHALLENGES AS THE EXISTING COMMERCIAL CORRIDOR MAKES CLEAR. AS THE APPLICANT HAS DOCUMENTED, THE VALUES OF THE PROPOSED HOMES AND THE MIX OF UNIT TYPES WILL MEAN GREATER PROPERTY TAXES PAID AND FEWER STUDENTS GENERATED THAN THE AVERAGE HOME VALUE IN THE COLUMBUS PORTION OF THE HILLIARD SCHOOL DISTRICT. THE APPLICANTS WILL CONTINUE DIALOGUE WITH THE DISTRICT TO DETERMINE EXACT IMPACT AND EVALUATE THE DISTRICT S FUTURE PLANS AND NEEDS. Design and access for any new parkland and trails related to the stream restoration need proper review before development plan approval. This should include connectivity of existing wetlands and wooded areas to preserve wildlife corridors. THIS SITE PRESERVES OVER 75 ACRES OF NATURAL AREAS THAT WILL BE PERMANENTLY PRESERVED AND CONVEYED TO THE CITY RECREATION AND PARKS. ALL WETLANDS ON THE SITE ARE ENHANCED AND BUFFERED. OTHER AREAS ARE TO BE PLANTED AND RESTORED FOR PRAIRIES AND WOODLANDS. THIS AMOUNTS A SIGNIFICANT AMOUNT OF WILDLIFE HABITAT. THE STREAM RESTORATION ACTIVITY WILL LIKELY BE COMPLETED BY GOVERNMENTAL BODIES,

3 BUT THIS PLAN FACILITATES SUCH RESTORATION AND THE DEVELOPMENT CREATES A LOGICAL FUNDING STREAM FOR SUCH ACTIVITY. Cooperation and collaboration to develop a school site preferably within the boundaries of the development to address safety and connectivity concerns. EXISTING SCHOOL FINANCE STRUCTURE, CURRENT VOTED MILLAGE, ACCESS TO SCHOOLS FOR NEW CHILDREN, AT WHAT POINT AND HOW THE DECISION IS TRIGGERED TO CONSTRUCT NEW SCHOOLS ARE ALL BEYOND THE DEVELOPER S CONTROL. THIS IS A LAND USE APPLICATION AND REZONING CONSIDERATION, NOT HEARINGS ON SCHOOL ACCESS, FINANCING OR SCHOOL SITING DECISIONS. THERE IS NO LEGAL OR REGULATORY STANDARD TO CONTROL SCHOOL ACCESS OR FUNDING REQUIREMENTS FOR NEW DEVELOPMENT OR NEW CHILDREN THAT IS DIFFERENT FROM EXISTING DEVELOPMENTS AND EXISTING RESIDENTS. THE SUGAR FARMS/RENNER SOUTH DEVELOPMENT WILL DO ITS FAIR SHARE TO SUPPORT SCHOOLS BASED ON HIGHER HOME VALUES. THE NEW HOME VALUES WILL GENERATE MORE SCHOOL PROPERTY TAX REVENUE THAN THE AVERAGE EXISTING HOME VALUE IN THE DISTRICT AND THE SURROUNDING NEIGHBORHOODS. THE MIX OF HOUSING TYPES WILL GENERATE FEWER STUDENTS PER UNIT AND PER PROPERTY TAX DOLLAR THAN MOST SINGLE-FAMILY- ONLY DEVELOPMENTS BASED ON THE INCLUSION OF EMPTY NESTER HOMES AND MULTI- FAMILY MARKETED TO YOUNG PROFESSIONALS. WITH THOSE POINTS MADE, THE APPLICANTS ARE SENSITIVE TO IMPACTS ON THE SCHOOL DISTRICT. WE WILL CONTINUE OUR DIALOGUE WITH THE SCHOOL DISTRICT AND WILL CONTINUE TO WORK WITH THEM DISTRICT TO QUANTIFY AND ATTEMPT TO MITIGATE IMPACT. There is a lack of comprehensive plan details with respect to future multifamily units including height and style in addition to extremely limited information on single family housing designs/elevations. HEIGHT DETAILS ARE PROVIDED IN THE TEXT, HAVE BEEN INCLUDED IN THE TEXT FOR MONTHS AND ARE SIMILAR TO MANY OTHER DEVELOPMENTS IN COLUMBUS AND CENTRAL OHIO. A MULTI-FAMILY DEVELOPER HAS NOT BEEN IDENTIFIED AT THIS TIME AND THE TWO DEVELOPERS INVOLVED DO NOT BUILD MULTI-FAMILY HOUSING. IT IS DIFFICULT TO ATTRACT A MULTI-FAMILY DEVELOPER WHILE THE SITE IS PENDING APPROVAL. THE SINGLE-FAMILY HOMES ARE GOVERNED BY TEXT STANDARDS WITHIN THE PUD AND THE HOME ELEVATIONS PROVIDED ARE ILLUSTRATIVE OF WHAT COULD BE BUILT UNDER THOSE STANDARDS. PULTE HOMES IS A NATIONAL BUILDER WITH A SIGNIFICANT FOOTPRINT IN CENTRAL OHIO. FURTHER PULTE PRODUCT EXAMPLES ARE ON THEIR WEBSITE AND AT COMPARABLE DEVLEOPMENTS. HARMONY DEVELOPMENT BUILDS THEIR OWN HOMES IN SOME CASES, BUT IN OTHERS DEVELOPS LOTS FOR OTHER BUILDERS. HARMONY S DECISION ON WHETHER TO BUILD THEMSELVES OR CONTRACT WITH OTHER BUILDERS IS PENDING THE OUTCOME OF THE ZONING APPLICATION.

4 Consideration of existing neighbors with respect to density and site articulation in addition to open questions regarding water quality and drainage issues. QUESTIONS ON DENSITY, WATER QUALITY AND STORMWATER DRAINAGE CONTROLS AND REGULTORY PRACTICES WERE IN FACT ASKED IN ANSWERED IN THREE NEIGHBORHOOD, CIVIC ASSOCIATION, AND AREA COMMISSION MEETINGS, AT THE BIG DARBY ACCORD BY THE APPLICANTS AND HAVE BEEN ADDRESSED BY BOTH THE PLANNING (AT THE BIG DARBY ACCORD) AND ZONING STAFF (AT THE DEVELOMENT COMMISSION) REPORTS. THE APPLICANT HAS ALSO DIRECTLY RESPONDED TO THESE QUESTIONS TO THE AREA COMMISSION AND CIVIC ASSOCIATION IN WRITING. THE QUESTION ON ARTICULATION WOULD NEED FURTHER EXPLANATION. THE APPLICANT IS WILLING TO MEET WITH THE AREA COMMISSION AGAIN TO DIRECTLY ADDRESS ANY UNANSWERED OR NEW QUESTIONS AND HAS OFFERED TO DO SO IN WRITING. Development adjacent to parkland should be oriented in such a way that it faces the park (houses should not back up to parkland). APPROXIMATELY 148 SINGLE-FAMILY HOMES FRONT OPEN SPACES, OR ROADS THAT BORDER OPEN SPACES. IT IS LIKELY THAT MOST OF THE MULTI-FAMILY HOUSING WILL BE DESIGNED TO FRONT STREETS THAT ALSO BORDER OPEN SPACES. MOST OF THESE OPEN SPACES, WHERE HOMES FRONT ON GREEN SPACES, ARE TO BE MAINTAINED AS PRIVATE OPEN SPACES, CARED FOR BY THE HOAS. IT WOULD BE DIFFICULT TO FIND ANOTHER MODERN SUBDIVISION DESIGN THAT INCLUDES THIS MANY HOMES AND HOUSING UNITS FRONTING OPEN SPACE. THE NUMBER OF HOMES FRONTING OPEN SPACE NEEDS TO BE BALANCED BY OTHER GOALS. MORE OPEN SPACE FRONTING WOULD CALL FOR SINGLE LOADED STREETS. THIS IS AN INEFFICIENT USE OF INFRASTRUCTURE. THIS APPROACH INCREASES IMPERVIOUS SURFACES, CONTRARY TO THE GOALS OF THE BDA, AND INCREASES LONG-TERM INFRASTRUCTURE MAINTENANCE COSTS. 28 aces of wooded open space across Alton Darby Creek Road should not be counted in open space calculations. SHORT ANSWER IS THE STATEMENT IS NOT AN OBJECTIVE OR FAIR READING OF THE BIG DARBY ACCORD. THE ACCORD ALLOWS OUTSTANDING NATURAL AREAS THAT ARE SET ASIDE FOR PERMANENT PROTECTION TO BE COUNTED AS OPEN SPACE. TO NOT ALLOW THIS PERMANENT PROTECTION OF OPEN SPACE TO COUNT UNDER THE ACCORD WOULD AMOUNT TO A PENALTY FOR SUCH CONSERVATION, WHICH IS THE OPPOSITE OF THE ACCORD S INCENTIVIZED APPROACH TO SAVING OUTSTANDING OPEN SPACE. THIS ISSUE WAS RAISED AND ADDRESSED AT THE FEB. 6 TH CIVIC ASSOCIATION MEETING AND AT THE BIG DARBY ACCORD MEETINGS. THE BIG DARBY ACCORD PROVIDES A MUCH MORE FLEXIBLE APPROACH TO SAVING OUTSTANDING OPEN SPACE THAN IS REFLECTED IN THE ABOVE COMMENT. ON PAGE 4-8 THE ACCORD STATES: AT LEAST 75% OF THE OPEN SPACE

5 WITHIN A CONSERVATION DEVELOPMENT (BASED ON GROSS AREA OF THE SITE) SHOULD BE A CONTIGUOUS TRACT. (OEPA 208 PLAN) THE CONTIGUITY REQUIREMENT (THE 75% REQUIREMENT) MAY BE WAIVED IF THE USE OF THE OPEN SPACE IN ANOTHER FASHION IS NECESSARY TO ACHIEVE IMPORTANT ECOLOGICAL PROTECTION OR TO MAXIMIZE ECOLOGICAL BENEFIT. THERE ARE TOTAL ACRES OF OPEN SPACE ON THE SUGAR FARMS/RENNER SOUTH PLAN. THE ACRES OF WOODS PROPOSED TO BE PERMANENTLY PROTECTED WITH A CONSERVATION EASEMENT AND/OR CONVEYED TO A PUBLIC PARK OPERATOR REPRESENTS ONLY 15% OF THE TOTAL OPEN SPACE ON THE PLAN AND 7% OF TOTAL SITE AREA. THIS MEANS THAT 85% OF THE PLAN S OPEN SPACE IS IMMEDIATELY CONTIGUOUS TO THE DEVELOPMENT SITE, A PERCENTAGE THAT IS WELL WITHIN THE ACCORD GOALS. SHOULD THE CONTIGUITY REQUIREMENT APPLY AT ALL, IT WOULD BE APPROPRIATE TO WAIVE IT IN THIS CASE BECAUSE THE RESULT OF THE PLAN DOES ACHIEVE IMPORTANT ECOLOGICAL PROTECTION BY SAVING THE WOODED ACREAGE. THE ACCORD INCLUDES OTHER PROVISIONS IN WHICH FLEXIBILITY IN SETTING ASIDE OUTSTANDING OPEN SPACE IS ENCOURAGED, WHETHER ON-SITE OR OFF-SITE. AT PAGE 3-24, THE IN REFERENCING THE MODEL DEVELOPMENT PRINCIPLES OF THE DARBY CREEK WATERSHED STORMWATER MANAGEMENT STRATEGIES AND STANDARDS FOR NEW DEVELOPMENT, 2001, THE ACCORD STATES; INCENTIVES AND FLEXIBILITY IN THE FORM OF DENSITY COMPENSATION, BUFFER AVERAGING, PROPERTY TAX REDUCTION, STORMWATER CREDITS, AND BY-RIGHT OPEN SPACE DEVELOPMENT SHOULD BE ENCOURAGED TO PROMOTE CONSERVATION OF STREAM BUFFERS, FORESTS, MEADOWS, AND OTHER AREAS OF ENVIRONMENTAL VALUE. OFF-SITE MITIGATION OF OPEN SPACE, STORMWATER MANAGEMENT AND FOREST RESOURCES (EXCLUDING RIPARIAN BUFFERS) WITHIN THE SAME WATERSHED SHOULD BE ENCOURAGED. (PRINCIPLE 20, DARBY CREEK WATERSHED STORMWATER MANAGEMENT STRATEGIES AND STANDARDS, 2001) (ALSO, SEE PAGES 5-20 PARKLAND DEDICATION, 5-21 DEDICATION TRANSFERS, 5-21, 5-22 PURCHASE OF DEVELOPMENT RIGHTS PROGRAMS, AND TRANSFER OF DEVELOPMENT RIGHTS PROGRAMS 5-23, ALL WHICH COVER OFF-SITE OPEN SPACE MITIGATION AND ENCOURAGE SUCH SET ASIDE WHEN DEVELOPMENT OCCURS.) IT IS ALSO NOTED THAT THE ACRES OF WOODS LIKELY MEETS THE CONTIGUITY TEST AS IT IS ONLY PHYSICALLY SEPARATED BY ONE ROADWAY WIDTH FROM THE SITE, AND A FUTURE TRAIL SYSTEM AND CONNECTION, AND SOME PUBLIC USE OF THESE WOODS WOULD BE LIKELY WITH THE APPROVAL OF THE DEVELOPMENT. THIS WOODED ACREAGE IS TIER ONE OPEN SPACE WITHIN THE BIG DARBY PLANNING AREA AND THUS STRONGLY ENCOURAGED TO BE PROTECTED FROM DEVELOPMENT. WITH THAT SAID, THERE IS NO PROVISION UNDER THE ACCORD TO PENALIZE A DEVELOPMENT PLAN FOR MAKING A PRIVATE PURCHASE TO MEET ACCORD PURPOSES AND GOALS IN SAVING TIER ONE AREAS. JUST THE OPPOSITE IS TRUE UNDER ACCORD, AS PURCHASING TIER ONE LANDS TO PROTECT THEM IS ENCOURAGED AND

6 INCENTIVIZED, AND THIS IS TRUE WHETHER THE LAND IS ON-SITE, OFF-SITE IN THE WATERSHED OR ACROSS THE STREET. KEEPING THE SITE IN PRIVATE HANDS WITHOUT CONSERVATION EASEMENTS AND UNDER THE CURRENT OWNERSHIP ASSURES NO FUTURE PROTECTION.