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AN ORDINANCE
BY MR. STEPHENS NO 4966
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE OAKWOOD TRAFFIC AND GENERAL OFFENSES CODES.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Mr. Stephens explained that each year, an annual house-keeping ordinance is passed to align Oakwood’s local traffic and general offense ordinances with changes that have been made at the state level. This ordinance will adopt the 2022 replacement pages for the Traffic Code and the General Offenses Code.

This was a first reading of the ordinance, so Mr. Stephens made no motion.

A RESOLUTION
BY VICE MAYOR BYINGTON NO 4966
A RESOLUTION TO APPROVE THE CONTINUED USE OF THE 2004 COMPREHENSIVE PLAN TO GUIDE CITY POLICY AS TO LAND USE AND DEVELOPMENT.

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 the fundamental document that guides Oakwood city policy on land use and development is known as the 2004 Comprehensive Plan. City staff has recently documented accomplishments towards the Comprehensive Plan Goals and Objectives, and conducted a detailed review of the Comprehensive Plan, and the Law Director and City Manager presented the accomplishments and results of that review to the Planning Commission on October 5, 2022. The Planning Commission adopted a motion accepting their report and recommending that Council continue to recognize the 2004 Comprehensive Plan as the city’s official policy guide in the area of land use and development.

Vice Mayor Byington asked Mr. Jacques and Mr. Klopsch to make a presentation to Council.

Mr. Jacques referenced a PowerPoint presentation and provided an overview of the history of planning and zoning; a timeline of Oakwood’s planning and zoning efforts; and Oakwood’s 2004 Comprehensive Plan.

Prior to the 1900’s and before zoning laws, land use was managed by lawsuits, restrictive covenants, eminent domain and police power. Planning and zoning developed in the 20th century to address land use issues that had largely been handled privately and reactively. Daniel Burnham’s “Plan for Chicago” was instrumental in paving the way to comprehensive planning in the United States. The need for zoning then evolved to implement a degree of post-development control. From 1922-1926, the U.S. Department of Commerce developed the “Standard State Zoning Enabling Act” (SZEA), which was a model law to govern land use planning. Nineteen states had adopted it verbatim by 1926, and most others adopted it (with some variation) in the ensuing years. The SZEA stipulates that zoning should not be done without a comprehensive study and created the concept of basing land use on a “plan” or “comprehensive plan.” A Comprehensive Plan is local government’s primary statement of goals, objectives, and policies to guide public and private development within its planning jurisdiction. Comprehensive Plans are not required for municipalities, but case law makes it clear that some kind of plan is better than no plan.

Oakwood’s first zoning ordinance was adopted in 1952. The ordinance was a basic, self-contained ordinance that included the plan itself, as well as rules for enforcing it. Oakwood’s first Comprehensive Plan was written in 1989. Primary objectives stated in the plan were to: (a) reinforce and strengthen existing land use structure of Oakwood; (b) encourage compatible and high-quality new development in selected locations; (c) improve traffic circulation and public transportation services; and (d) enhance the community facilities and municipal services that are a hallmark of Oakwood. Direct results of the 1989 Comprehensive Plan included a number of planning and zoning efforts, including a formal Subarea Plan for the NCR/Sugar Camp site (no longer needed now that the site has been redeveloped), design guidelines for the Far Hills Business District, and the 2000 Zoning Ordinance. The Comprehensive Plan was written as a long-range document, addressing foreseeable problems or possibilities across a 10-20 year timeline.