single-family home and several accessory structures. One of these structures was a large workshop known as a “bottega,” which was to be a later phase of the development. Significant work was done to install water, sewer, and electric utility infrastructure for the bottega, but the structure was not built.
In 2006, the property owner re-approached the city about the bottega. The original zoning certificate had lapsed but he wanted to proceed with construction. The matter was heard by the Planning Commission and an extension of the original zoning certificate was approved. Again, however, the bottega was not constructed.
The owner still desires to build the bottega, but the zoning code has changed since it was approved. For reasons unrelated to the development of 1911 Ridgeway Road, the code now limits the height of detached accessory structures to 18’, which is substantially shorter than the 41’ height that has been approved twice for this property. There is no height variance available under the current code.
This project has been vetted twice by the Planning Commission through its public hearing process, and has been approved twice. 1911 Ridgeway is a uniquely large property that can accommodate a larger structure without adverse impact to the surrounding neighborhood. As such, this resolution would exercise Council’s authority under Section 1009.1(G) of the Zoning Code to grant an extension of the zoning certificate previously issued for this bottega.
Council is mindful that despite two prior approvals, this project has not been completed. For that reason, this resolution establishes a one year deadline to obtain permits and commence construction. After that deadline, no further extensions will be considered or granted.
Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Hilton that the resolution be passed.
Due to a potential conflict of interest, Mayor Duncan recused himself from the vote.
Upon call of the roll on the question of the motion, the following vote was recorded:
There being four (4) yea votes and no (0) nay votes thereon, said resolution was declared duly passed and it was so ordered.
A copy of the resolution, having been placed on the desks of each member of Council prior to introduction, was read by title.
Vice Mayor Byington explained that Ohio is included in ongoing litigation involving the national prescription opioid epidemic. This is complex, multi-district litigation occurring nationwide, and there are many defendants including opioid distributors and manufacturers. The City recently became aware of a proposed settlement of Ohio claims involving three distributors: AmerisourceBergen, Cardinal Health, and McKesson. Under the proposed terms, an estimated total of nearly $805 Million would be paid to Ohio over 18 years. The money would be restricted for use in abating the opioid epidemic.
Up to 30% of the money would be allocated to a pool that provides direct payments to local governments, including Oakwood. There is an incentive structure to ensure the participation of as many jurisdictions as possible. If 95% of Ohio jurisdictions participate, the payout would be 70% of the pool. At 100% participation, the payout increases to 100% of the pool.
Oakwood’s allocation is 0.0665% based on population. (For comparison, Kettering’s is 0.3384% and Dayton’s is 1.3853%.) However, the numbers are not as large as they may seem because the settlement is structured over 18 years. At the 95% participation level, Oakwood’s share would be an estimated $93,000, or about $5,500 per year. At the 100% participation level, that would increase to an estimated $134,000, or about $7,500 per year.
Aside from the direct payments, other settlement funds will be directed to 19 regions throughout the state, of which Montgomery County is one. There will be additional funding opportunities through those disbursements for opioid abatement projects that are of regional value.