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Columbus council amends subdivision rules to require scaled open space; ordinance passes 9-0 on second reading
Summary
The Columbus City Council approved changes to the subdivision control ordinance that add tiered open-space requirements for new subdivisions and clarify processes for minor re-subdivisions and frontage rules. The measure passed on second reading, 9-0.
The Columbus City Council on Feb. 18 approved revisions to the city—s Subdivision Control Ordinance that add tiered open-space requirements tied to the size of new subdivisions and clarify procedures for minor re-subdivisions and frontage rules.
City planner Jeff Bergman told the council the amendments set a scale-based approach to open space: smaller subdivisions (50—6,299 lots) would by default provide open space held and maintained by homeowners associations (HOAs) while very large subdivisions (300 lots or more) would typically dedicate at least five acres to the Parks Department for maintenance. Bergman said the rules also create flexibility for minor subdivisions, remove a written-consent requirement in some re-subdivision cases, and make clear that alley frontage alone is not sufficient for new lots.
The ordinance establishes a process for an HOA to transfer open space after a minimum period of five years following turnover of the HOA from a developer to lot owners; the Parks Department would have the first right of refusal to accept dedication or purchase of that land before it could be sold for lots, Bergman said. He said the intent is to strike a balance between developer-provided amenities, HOA maintenance and rare circumstances where the city should take on park land.
Council members raised concerns about the rules that allow HOAs to divest open space and then sell or otherwise dispose of it if the Parks Department declines to take it. One council member said requiring developers to create open space and permitting a later divestment appeared to undercut the upfront requirement; Bergman and other council speakers said the change responds to practical experience where some HOAs decline to maintain micro parks and to legal considerations about requiring dedication of private property.
Bergman and other speakers said Planning Commission and an interdepartmental working group, including parks board members, developed the changes and forwarded them with a unanimous favorable recommendation. Councilmembers said the ordinance provides a predictable rule set for staff and developers and helps avoid ad hoc or potentially arbitrary requests for dedication that could raise legal challenges.
The council passed the ordinance on second reading by roll call vote, 9-0.
The ordinance will become part of the Columbus Subdivision Control Ordinance and guide future land division reviews, public improvements approvals and negotiations over dedication or purchase of open space.
For background: the Planning Commission initiated the changes after reviewing several recent development proposals and convening a small working group of planning and parks stakeholders to draft consistent thresholds and processes.
