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HomeMy WebLinkAbout26-06 Ordinance RECORD OF ORDINANCES Dayron Legal Blank [nc. Form No 30Odl 26-06 Ordinance No. Passed , 20 ACCEPTING AN ANNEXATION OF 226.6 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (M/I HOMES - CARMEL FARMS) WHEREAS, on February 14, 2006, the Franklin County Commissioners approved the Expedited Type II annexation petition for 226.6 acres, more or less, from Washington Township, Franklin County, to the City of Dublin, as filed on January 10, 2006 by Harrison W. Smith, Jr., Agent for Petitioners Fredrick F. Campbell, Bishop of Diocese of Columbus, 198 E. Broad Street, Columbus, Ohio 43215; Florence Wuertz, Trustee, 7495 Rings Road, and Charles Ewing, Carmel Farms, Inc., 5375 Cosgray Road, Dublin, Ohio 43016; and Dennis E. Wuertz and Carolyn L. Wuertz, 6851 Weldon Road, Plain City, Ohio 43064; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the petition for the annexation of 226.6 acres, more or less (see attached legal description, Exhibit "A") to the City of Dublin, Ohio is hereby accepted. Section 2. That this Ordinance shall take effect and be in force from and after the earliest date allowed by law. Passed this th day of , 2006. Mayor -Presiding Officer Attest: ~~Clerk ouncil I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. .9 D ty Clerk of Council, Dublin, Ohio PROPOSED ANNEXA TION OF 226.6E ACRES TO THE Cl TY OF DUBLIN FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO VIRGINIA MlLI TAR Y S~JR I/EYS No. 7835 ~c 6953 TOWNSHIP OF WASHINGTON, r RANKLIN COUNTY, OHIO 50, fit N~1E' Q~31I3;i~~ Carmel Forms /nc. Jock L & Tm Porte' /v Heie, a!. Culp ' `W' = Carmol Formes /ne. O.R. 12453 806 I PlD 272-000338 m Parcel l I 0 : ~ P/O 272-000201 1 John Francisco Jr., ~ • Orig/no/ 40 Ac. ~ Trostao I O.R. 1245,7 808 PlD 27?-000158 P/D 272-OOOG57 , ~ ~ _ ~ : 1 Sharon Gi/liarn `£s 0 1 P/D 272-000323 '$a o q~ OI ~ a~~ < I a ~ Margaret A. Haney , 0 : P/D 272-000340 RINGS ROAD ~ ~5 f ~ gb~,.~,, 1 .•~r...- b Am/in United ® ® t~ ® ~ ~ arm L, Ferrel! 1i Methodist Church [ ® ® ® Lomaster _ 80f 305'! ...-----...~/-J ~ .k P/D 272-000108 1 exa G dl Samuel J t ~i~~/ /J' ' 2 t406f v~ / 6 ~ ~ Fred~k F. Compbe/%// ~ O.R.1 32466 I14 Jeffrey D. Bryn6r / %H' 1 i~i!~/ / Bishop of the Diocese New York Central Linos PID 274-00100 3000 Ac. / of Columbus /.N. ?00109210217553 Corme/ Forms, Inc. , 20.240 Ac. 1.34 Ac. Pl0 272-000404 ~ Porte! 4~ N. 200503250055374/ LN. 200212180325201 ~ ~ PID 274-001005 p 83.1 Original 24.97 Ac. P/D 272-000024 O.R. 12453 808 ~p~. ~ PID 272-000053 18p1t (R&t Aa) N~ Carmel Forms Inc. ~ Cosgroy Rood LLC 1 o Parcel /l/ ~~1(.!~ • N ~ P/D 274-001004 $3 Original 53.79 Ac. Elise L. Karl, Trustee ~ ~ Existing City of Dub//n \ m 295 ~ • ~ 3,~ f Corp. Lase \ H O.R. 12453 806 plD 272-000 N _ P10 272-00015% Ord /IS3-02 ~ l.N. 200205190131862 fm11y 8r Lad~3651Bf Jeffrey R. Fisher PID 272- 60't PID 2 72-0006 1 7 226.6.1' Ac. - - - - / • o Donald D. ~ g orlon Bryvn P. Monesi PlD 271- PID: 272-000616 - Florenco Htrortz, Trustee - - - _ - - a O.R. 24603 878 ~ ~ Brian C. & L~ndO 023dman~ • y I.N. 2 0 0 112 050282225 yy~ P!D 272-D00 o' /.N. 200112050282224 In ro $ P/D 272-000159 ~ / Be. / J. ~ Leslie G Newell ' N ~ PlD 2 72-00031 0 ~ ~1/ / 60't ~ Proposed City of 7T3f/~ DWb/In Cavp. Lms 't ~ ~ ~ Case j/9-G5 Nu - Margaret F. Scott/• P!D 272~00~/ Dennis E. Wuertz & M ~ E. 8 / ~ I ® Delmar L d• Tamara S Smith Cordyn L. N4re,•tz Cathie L. Briskey Johnny ~ doro J. Koren C. Rot/iN P/D 272-000280 ' 36.858 Ac. P10~~~~ Meade, Trustees P/D 272-000332 1 D.B. 3668, Pg. 317 PID 272-000079 0 P/D 272-000284 ?yeoston Donald S 65 I • ® Brace A dr ' Pf0 272-0004 ,H I ® Gregory L. & P/D 272 Kin~~ Oon B. ~ PlD 27?-000329 • 1G3Bt John E Liso G. Morris _ - - ~ ' Pl0 272-Oi00~j„ Lillian Bc'I`~nno to /Pl~/// 3 Q 0 Dominion Nome /nc. ~ Douglas R. Jr. ~ - ~ Cero/O L. & •1} P/D 272-000627 Cathleen M. Hover Roger A. rk Potr/cio R. Bickhart • PID2-0004/1 _ _ Samuel L. Lemoster Annie McBrayw PlD 272-000462 / PlO 272-000304 P/D 272-000464 7221 pinion Names, Ina • P1D 2 72-0 0013 7 ; 1439.1 - - i 1 Loyd d Kurtz 1 P/D 272-000067 ~ /~~~~t!` ~ li~ ANNEXATION 6 2006 ~ DBCIS~I7oN JAN 0 AC(:EPTASLH En ineer UBAN C. RINGLE, P.E.. P.S. FranklinCouniy 9 F.RANlL[,iNCO(31dFYfiNGII~EEII pean C. Ringle, P.E.,P.S. By Date ~ i ~ ~ Byr ` ~ I le I4 Professkvra/ Surveyor Na 7840 Dede• August2~2005 wa FNCU+Fps,strRVev~s,n.~+raxs,saErrnsrs tee: 4Q0' EVANS, MECHWART, HAMBLETON Bc TILTON, INC. ZDLl~r079B 170 MILL STREET ~ GAHANNA.OHIO x3230 rELErxoNE(61gm-slso AREA TD BE ANNEXED FACSaiH.E (6U)a71-9286 Sheet' ~ ~ REV/S/ONS EX1S71NC dTY OF DUBLIN C(MP. LINE MARK DATE DESCR/P770N TiV4Y 6^IfA75 AahledRkxls Rdb Cos,7reyRd PRGWOSED dTY 01~ DUBLIN CORP. LINE 7AA~tlS Re~AFSdperafWXOOwxnerKa TNW 8r3fAT.5 Spoilnp2 7NW A3T125 AaU9dRa'rosaeaespe broekabwn NOte.' 77VW ftY1 Rev/sedbshowPnpafedAnnereebn Casel f9-0Sper COUntyEngirreev Total perimeter of annexation area is 21,880 feet, of which 2,764 feet is contiguous with the City of Dublin by i~jy ,i~;+~~ ,r1; Ordinance Number 63-02, giving 13X ,~,i, perimeter contiguity. 400' 0 400' 1300' L OCA 770N MAP GRAPHIC SCALE Nor To scALE (/N FEET) M/1 Homes of Centro/ Ohio, LLC Carmel Farms Annexation 2005-0798 5079 _ _ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY OF DUBLIN.. To: Members of Cit Council Memo Y From: Jane S. Brautigam, City Manager Date: April 26, 2006 Initiated By: Frank Ciarochi, Interim Director of Land Use and Long Range Planning Gary P. Gunderman, AICP Assistant Director of Land Use and Long Range Planning Re: Ordinance 26-06 -Accepting an Annexation of 226.6 Acres, More or Less, in Washington Township, Franklin County to the City of Dublin (M/I Homes -Carmel Farms) Summary This proposed annexation is for 226.6 acres including pieces of the right-of-way of 1.66 acres on Rings and Cosgray Roads and .94 acres in railroad right-of-way. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide resolutions stating what services the municipality will provide and that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. Resolutions 08-06 and 09-06 were passed by City Council on January 23, 2006. Copies of the resolutions and the informational memo are attached for reference. These resolutions were forwarded to the Franklin County Commissioners for their hearing on the annexation of the 226.6. acres. This hearing took place on February 14, 2006 and the Commissioners approved the annexation with Resolution 135-06. A copy of the resolution is attached. Per Ohio Revised Code, the City shall accept or reject the annexation petition by ordinance or resolution at City Council's first regular meeting sixty days after the Clerk of Council receives record of the county resolution. If approved, Ordinance 23-06 will be effective 30 days after passage and the property will be incorporated into the City of Dublin. Recommendation This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the water and sewer agreements with the City of Columbus. Staff recommends approval of Ordinance 26-06 accepting the annexation of 226.6 acres, more or less, in Washington Township, Franklin County to the City of Dublin. D ~ ~ ~ ~ ~ February 14, 2006 RESOLUTION NUMBER 13 5 - 0 6 CLERK OF COUNCIL CITY OF DUBCIN REVIEW OF PETITION TO ANNEX 226.6 ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY THE CARMEL FARMS, INCORPORATED, AND FLORENCE, DENIMS, AND CAROLYN WUERTZ. CASE #ANX-EXP2-O1-06. WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize the petition that the Carmel Farms Incorporated, Florence Wuertz, Dennis Wuertz, and Carolyn Wuertz filed on January 10, 2006 and solicited to and/or been heard by all persons desiring to be reviewed for or against the granting of the Expedited 2 petition, and having considered all the facts with reference thereto, being fully advised, and WHEREAS, the Commissioners make the following findings based upon the exhibits and testimony presented at the review of this matter: 1. The petition meets all the requirements set forth in, and was filed in the manner provided in, section 709.021 of the Revised Code. 2. The persons who signed the petition are owners of the real estate located in the territory proposed for annexation and constitute all of the owners of real estate in that territory. 3. The territory proposed for annexation does not exceed five hundred acres. 4. The temtory proposed for annexation shares a contiguous boundary with the municipal corporation to which annexation is proposed for a continuous length of at least five percent of the perimeter of the temtory proposed for annexation. 5. The annexation will not create an unincorporated area of the township that is completely surrounded by the territory proposed for annexation. 6. The municipal corporation to which annexation is proposed has agreed to provide to the territory proposed for annexation the services specified in the relevant service ordinance # 08-06, passed on January 23, 2006 by the City of Dublin Councii_ Therefore, upon the motion of Commissioner Stokes seconded by Commissioner Kilroy ' BE IT RESOLVED BY THE BOARD OF COUNTY COIVIlVIISSIONERS OF FRAIVKI,IN COUNTY, OHIO: That, in accordance with the findings made in the preamble, which are incorporated herein, the prayer of the Petition be approved, and the territory sought to be annexed by the petition filed herein shall be annexed to the City of Dublin, Ohio, in accordance with the law; that the orders and proceedings of this board relating to the Petition, and map and description attached thereto, and all papers on file relating to this matter be delivered forthwith to the Clerk of Council, City of Dublin, Ohio. Voting Aye thereon: , MARY JO ROY ESL ,,~,,t .,s a ; -r~~~- ~ P, r qrw DEWEY STOKES ULA BROOKS, PRESIDENT LE C BOARD OF COUNTY COMIVIISSIONERS i FRANKL,IN COUNTY, OHIO Voting Nay thereon: MARY JO KILROY DEWEY R. STOKES PAULA BROOKS, PRESIDENT BOARD OF COUNTY COMNIISSIONERS FRANI~,IN COUNTY, OHIO TJN c: Development Department ~~C`'~'~VED ANNEXATION 226.6+/-ACRES JAN 0 6 2006 TO: CITY OF DUBLIN ~=rankiin bounty i`ngineer Lean C. Ringie, PE.,PS. FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, VIRGINIA MILITARY SURVEYS NUMBER 7835 AND 6953, BEING ALL OF THE 20.240 ACRE TRACT CONVEYED TO FREDERICK F. CAMPBELL, BISHOP OF THE DIOCESE OF COLUMBUS BY DEED OF RECORD IN INSTRUMENT NUMBER 200503250055374, THE REMAINDER OF AN ORIGINAL 24.97 ACRE TRACT CONVEYED AS PARCEL II, AND THE REMAINDER OF AN ORIGINAL 53.79 ACRE TRACT CONVEYED AS PARCEL III TO CARMEL FARMS, INC. BY DEED OF RECORD IN OFFICIAL RECORD 12453 B06, ALL OF THE 36.856 ACRE TRACT CONVEYED TO DENNIS E. WUERTZ AND CAROLYN L. WUERTZ BY DEED OF RECORD IN DEED BOOK 3668, PAGE 317, ALL OF THE 100 ACRE TRACT CONVEYED TO FLORENCE WUERTZ, TRUSTEE BY DEEDS OF RECORD IN OFFICIAL RECORD 24603 B18, AND INSTRUMENT NUMBERS 200112050282224 AND 200112050282225, PART OF THE 1.34 ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF RINGS ROAD AND COSGRAY ROAD, (ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE 10.0 ACRE TRACT CONVEYED TO SHARON L. FERRELL AND SHEILA G. LEMASTER AND SAMUEL J. LEMASTER BY DEED OF RECORD IN OFFICIAL RECORD 32466 I14, BEING IN THE EASTERLY LINE OF SAID 134 ACRE TRACT, AND BEING AN ANGLE POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED BYORDINANCE NUMBER 63-02, AND RECORDED IN INSTRUMENT NUMBER 200205290131862; THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 616 FEET, WITH SAID EASTERLY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (63-02), TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 1802 FEET, ACROSS SAID 1.34 ACRE TRACT, AND WITH THE SOUTHERLY LINE OF SAID 20.240 ACRE TRACT, CONTINUING WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (63-02), TO A POINT' IN THE EASTERLY RIGHT-OF-WAY LINE OF COSGRAY ROAD; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 346 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (63-02), TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID COSGRAY ROAD, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE THEREOF; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 287 FEET, WITH SAID WESTERLY RIGHT-0F-WAY LINE, TO A POINT IN THE SOUTHERLY" LINE OF THE REMAIlVDER OF SAID ORIGINAL 24.97 ACRE TRACT; =~x'1= I='~~ r _ _ ~ f~ i E~ F SS ~7 ~ 3 S p ANNEXATION 226.6+/- ACRES -2- THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 1111 FEET, WITH SAID SOUTHERLY LINE, TO A POINT IN THE EASTERLY LINE OF THE REMAINDER OF SAID 53.79 ACRE TRACT; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 991 FEET, WITH SAID EASTERLY LINE, TO A POIN"I' IN THE NORTHERLY LINE OF SAID 36.856 ACRE TRACT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1112 FEET, WITH SAID NORTHERLY LINE, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 60 FEET, WITH SAID WESTERLY RIGHT-0F-WAY LINE, TO A POINT IN A SOUTHERLY LINE OF SAID 36.856 ACRE TRACT; THENCE, WTTH THE LINES OF SAID 36.856 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: WESTERLY, A DISTANCE OF APPROXIMATELY 428 FEET, TO A POINT; SOUTHERLY, A DISTANCE OF APPROXIMATELY 1111 FEET, TO A POINT ; WESTERLY, A DISTANCE OF APPROXIMATELY 722 FEET, TO A POINT; NORTHERLY, A DISTANCE OF APPROXIMATELY 511 FEET, TO A POINT; WESTERLY, A DISTANCE OF APPROXIMATELY 1038 FEET, TO A POINT IN THE EASTERLY LINE OF SAID 100 ACRE TRACT; THENCE, WTTH THE LINES OF SAID 100 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTHERLY, A DISTANCE OF APPROXIMATELY 486 FEET, TO A POINT; WESTERLY, A DISTANCE OF APPROXIMATELY 1439 FEET, TO A POINT; NORTHERLY, A DISTANCE OF APPROXIMATELY 3049 FEET, TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD; THENCE EASTERLY, A DISTANCE OF APPROXIIv1ATELY 32 FEET, WITH SAID SOUTHERLY RIGHT-OF-WAY LINE, TO A POINT'; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID RIGS ROAD, TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE THEREOF; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 305 FEET, WITH SAID NORTHERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE SOUTT~RLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID RINGS ROAD, TO A POINT IN THE SOUTT-IERLY RIGHT-OF-WAY LINE THEREOF; r4r3,~T~ j~'' L ~ ~ _ z. ANNEXATION 226.6+/_ ACRES -3- THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1406 FEET, WITH SAID NORTHERLY RIGHT-0F-WAY LINE, TO A POINT' IN THE EASTERLY LINE OF SAID 100 ACRE TRACT; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 440 FEET, WITH SAID EASTERLY LINE, TO A NORTHWESTERLY CORNER OF THE REMAINDER OF SAID ORIGINAL 53.79 ACRE TRACT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 283 FEET, WITH A NORTHERLY LINE OF THE REMAINDER OF SAID ORIGINAL 53.79 ACRE TRACT, TO A POINT; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 443 FEET, WITH A WESTERLY LINE OF THE REMAINDER OF SAID ORIGINAL 53.79 ACRE TRACT, TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1425 FEET, WITH SAID SOUTHERLY RIGHT-0F-WAY LINE, TO A NORTHEASTERLY CORNER OF THE REMAINDER OF SAID ORIGINAL 24.97 ACRE TRACT; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 391 FEET, WITH AN EASTERLY LINE OF THE REMAINDER OF SAID ORIGINAL 24.97 ACRE TRACT, TO A POINT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 602 FEET, WITH A NORTHERLY LINE OF THE REMAINDER OF SAID ORIGINAL 24.97 ACRE TRACT, TO A POINT' IN THE WESTERLY RIGHT-OF-WAY OF SAID COSGRAY ROAD; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 44 FEET, WITH SAID WESTERLY RIGHT-0F-WAY LINE, TO A POINT'; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1523 FEET, ACROSS SAID COSGRAY ROAD, WITH THE NORTHERLY LINE OF SAID 20.240 ACRE TRACT, AND ACROSS SAID 1.34 ACRE TRACT, TO TIC POINT OF BEGINNING, CONTAINING APPROXIMATELY 226.6 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON & TILTON, .INC. P mi _ _ O F py/, JAMES M. PEARSALL DATE: ~~F-'~ ~,i_L REGISTERED SURVEYOR N0.7840 ~ f= % „ : ~ - _ 0~~. ~`GrSTE"G~.- JMP:tnw/Oct05 SS~OivAL S'`' 226_6 aC annex 50798.dce u ~ n u ~ ~i~E~~ ~f d Office of the City Manager CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 Me m o To: Members of City Council From: Jane S. Brautigam, City Manage~i'~~ Date: January 18, 2006 ~Sn Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer r Daniel D. Bird, FAICP, Director of Land Use and Long Range Planning,~.~ Gary P. Gunderman, AICP Assistant Director of Land Use and I~~~h~ange Planning Barbara A. Cox, P.E., Assistant Director of Engineering - Development(~Q,~~. Stephen J. Smith, Director of Law ~~ll// Re: Resolution 08-06 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 226.6 acres, more or less, from Washington Township, Franklin County, to the City of Dublin, Ohio. Resolution 09-06 - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses And Zoning Buffer for a Proposed Annexation Of 226.6 Acres, More Or Less, from Washington Township, Franklin County to the City Of Dublin, Ohio As Required By Section 709.023(C) Of The Ohio Revised Code. Summary On January 10, 2006, attorney/agent Harrison W. Smith Jr. filed an annexation petition, on behalf of Petitioners Fredrick F. Campbell, Bishop Diocese of Columbus, Florence Wuertz, Trustee, Dennis Wuertz, Carolyn Wuertz, and Charles Ewing, Carmel Farms, Inc. with the Franklin County Commissioners. The petition is for 226.6 acres more or less of land, located south of Rings Road at Cosgray Road in Washington Township. The petition was filed pursuant to R.C. 709.023, which is also known as the "Expedited Two" annexation method. Under this process the City must first, within twenty days after the petition is filed, adopt an ordinance or resolution relating to municipal services. Second, within twenty days after the petition is filed, the City must adopt an ordinance or resolution relating to land uses and zoning buffers, if the territory proposed to be annexed is currently subject to either county or township zoning. Resolutions Nos. 08-06 and 09-06 have been prepared for these purposes and for your consideration. The Franklin County Commissioners will grant the proposed annexation, without a hearing, if neither the municipality nor the township object to the annexation by ordinance or resolution within twenty-five days of the petition being filed. If neither the municipality nor the township object, the commissioners must grant the proposed annexation without a hearing, if certain criteria in R.C. 709.023 have been established. Memo to Dublin City Council Re: Res. 08-06 and 09-06 January 18, 2006 -Page 2 This proposed annexation is for 226.6 acres more or less, including pieces of the right-of--way of 1.66 acres on Rings and Cosgray Roads and .94 acres in railroad right-of--way. Staff also anticipates an additional annexation for property north of this area that will bring in much of the right-of--way frontage along Rings Road adjacent to this annexation. Background ZONING AND COMMUNITY PLAN The current Washington Township zoning classification for this property is R-SRR Semi-Rural Residential District, which allows agricultural and single-family dwellings on a minimum of five acres. Upon annexation, the property will be automatically zoned R-Rural District, under the Zoning Code of the City of Dublin. This would allow farm operations and single-family dwellings on a minimum five-acre lot on this property. The Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for medium density residential, one to two dwelling units per acre for the entire tract. The existing adjacent properties include: largely undeveloped property to the north, west, and south, and scattered housing to the east with some adjacent areas to the northeast developed in the Amlin area. FUTURE DEVELOPMENT Part of this area was shown on the plan that was presented by the Edwards Land Company which showed Single Family Residential in this area. Until the City takes action on the annexation no land use planning for this area will be considered. The existing farmstead and out buildings will probably be demolished as new development takes place. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.5 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides police and communications services on a twenty-four hour basis and has mutual aid agreements with other jurisdictions. The annexation area will be fully served with police and communications services at the same or similar level now being provided to other areas of the City with similar land use and population. • FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. The closest station is less than three miles away on Shier-Rings Road. The annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the City with similar land use and population. • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas of the City. rviemo to liuniin ~:ity ~:ouncit Re: Res. 08-06 and 09-06 January 18, 2006 -Page 3 • WATER DISTRIBUTION These properties are located within the exclusive annexation area of the Water Service Agreement with City of Columbus. Currently, the nearest public water in the City of Dublin is located within the Ballantrae subdivision along Rings Road. A waterline will have to be extended to serve this property. • SANITARY SEWER (WASTEWATER) COLLECTION The properties are located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. These properties are located within the tributary area of the Upper Scioto West Subtrunk sewer. Sewer will have to be extended to serve this site. • STORMWATER MANAGEMENT AND FLOODPLAIN These properties are located outside the watersheds as defined by the Stormwater Master Plan. These properties generally drain to the east. The Hayden Run originates in this area and provides the drainage outlet. This property contains FEMA designated floodplain for the Hayden Run. • ROADS AND STREETS The primary roads serving this acreage are Cosgray, Rings and Houchard Roads, which are all classified as scenic roadways on the Thoroughfare Plan. Cosgray Road is classified as a major arterial and is required to have 100 feet of right-of--way according to the Thoroughfare Plan. Houchard and Cosgray Roads are classified as collector roads and are required to have 70 feet of right-of--way. If the City of Dublin plans to extend the four-lane divided roadway initiated by Franklin County on Cosgray Road, additional right-of--way will be needed from this property. The adopted Thoroughfare Plan shows new portions of Cosgray Road, Tuttle Crossing Boulevard, and Houchard Roads within these properties. Accommodations for right-of--way dedications will be expected. Any new roads or streets, within a proposed development, which would be dedicated to the City, would be maintained to the same degree and extent that these public facilities are maintained in areas with similar land use and population. Recommendation: This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the Water and Sewer Agreements with the City of Columbus. Staff recommends approval of the resolutions regarding the Statement of Services and Possible Incompatible Land Uses. Upon City Council's approval, these resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation of the 226.6 acres, more or less. RECORD OF RESOLUTIONS Day Legel Blenh Inc Flllln NO J0045 I~n 08-06 - - i Rrsulurion Na. PusJed 20 A RESOLUTION ADOPTING A STATEMENT OF SERVICES ail FOR A PROPOSED ANNEXATION OF 226.6 ACRES, MORE I OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN. I WHEREAS, an Expedited Type II annexation petition for 226.6 acres, more or less, from Washington Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on January 10, 2006 by Harrison W. I Smith, Jr., Agent for petitioners Fredrick F. Campbell, Bishop of Diocese of Columbus, 138 E. Broad Street, Columbus, Ohio 43215; Florence Wuertz, Trustee, 7495 Rings Road, and, Charles Ewing, Cannel Farms, Inc., 5375 Cosgray Road, Dublin, Ohio 43016; and Dennis E. Wuertz and Carolyn L. Wuertz, 6851 Weldon Road Plain Cit Ohio 43064' and Y WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the legislative authority shall adopt a statement indicating what services the municipal corporation will provide to the territory proposed for annexation and an approximate date by which it will provide services to the territory proposed for annexation, upon annexation; and ~I WHEREAS, the area proposed for annexation lies within Dublin's exclusive water I~ and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the annexation strategy ~ contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, ~ State of Ohio, ~ of the elected members concurring that: I Section 1. The City of Dublin will provide the following municipal services for the 226.6 acres, more or less, in Washington Township, Franklin County immediately j upon the annexation of the area to the City of Dublin, Ohio: I Police. The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.5 driving miles from the Justice Center, the Division of Police headquarters. The annexation area will be fully served with police and communications services at the same or similar level now being provided to other areas of the City with similar land use and population. I Fire and EMS, The City of Dublin will provide, cause to provide, or contract with Washington Township to provide fire protection and EMS services to this area of Dublin at the same or similar level now being provided to other areas of the City with similar land use and population. The closest Washington Township station is less than 3 miles away on Shier-Rings Road. Solid Waste Collection. Residential refuse collection ervi s ces are contracted b the Y I City and are currently provided at no addtttonal charge. Street Maintenance. The City's Streets and Utilities Division provides excellent service in the area of street and road maintenance. The City will maintain 1.66 of I right-of-way in the area of this annexation and will do so at the same levels as other similar streets in the City. I~I~' Section 2. The Cit has Water and Sanitar Sewer Service A eements with th 't y y gr eCty of Columbus, and the subject property is within the exclusive service area of the agreements. Conditioned upon the ability of the City of Columbus to provide water RECORD OF RESOLUTIONS ~aylun Leeel Blank ii Fo n Na JOOCS 08-06 Paget Rrsufution Nu. Passed 2U supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public water distribution and sanitary sewer collection systems exist in this area to serve this property. The water distribution and sanitary sewer and wastewater collection will be available to this site within approximately five years. Section 3. This resolution shall be effective immediately upon passage, as provided under Section 4.Oa(a) of the Revised Charter. j ~ Passed this~day of , 2006. ~ , _ Mayor - Presidtng Officer ATTEST III ~ ~ ~ Clerk of Council I I ~i i i RECORD OF RESOLUTIONS On io ei Bian~. i~r F~~r~i No 30Ua5 Re.vulr~rio,i No. 09-06 Pusa'ed ?0 A RESOLUTION ADOPTING A STATEMENT ~ REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 226.6 ACRES, MORE OR LESS, FROM i WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE. III WHEREAS, a petition for an Expedited II method of annexation of 226.6 acres, more I or less, from Washington Township, Franklin County was filed in the offices of the it Board of County Commissioners of Franklin County, Ohio on January 10, 2006 by attorney/agent Harrison W. Smith, Jr. for petitioners: Fredrick F. Campbell, Bishop of Diocese of Columbus, 138 E. Broad Street, Columbus, Ohio 43215; Florence Wuertz, Trustee, 7495 Rings Road, and Charles Ewing, Carmel Farms, Inc., 5375 Cos ra g Y I Road, Dublin, Ohio 43016; and Dennis E. Wuertz and Carolyn L. Wuertz, 6851 Weldon Road, Plain City, Ollio 43064. I WHEREAS t he Ex edited II metho c dofa p nnexation ursuant to Section 70). p O23(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the ~ ~~j municipality to which annexation is proposed must adopt an ordinance or resolution ~ relating to land uses and buffers if the territory proposed to be arutexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or ~ township zoning pursuant to Chapter 519 of the Ohio Revised Code; and W HEREAS, the territo ro osed for amtexation is cu rY p P rrentl subject to townshi Y J I P zoning pursuant to Chapter 519 of the Ohio Revised Code• and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, this resolution must state that should (a) the territory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible ~ with the uses permitted under current county or township zoning in the adjacent land remainin in the townshi g p from which the territor was annexed then the D Y ublin Cit Y I'li Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street rights-of--way; and bicycle and pedestrian paths and sidewalks; and WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed territor be automaticall rezoned to R-R Y ural District Y subject to re ulations and rocedt g p tres contained in the City of Dublin Zonin Code and g amendme nts an d i; WHEREAS, the territory proposed for atutexation is adjacent to the City of Dublin to the east, areas to the north, west and south are adjacent to unincorporated territory. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin, i State of Ohio, of the elected members concurrin that: g Section 1. The City of Dublin adopts the following statement for the 226.6 acres, ~ more or less, in Washington Township, Franklin County: I it I RECORD OF RESOLUTIONS De io iBl c.fo nNO 30045 09-06 Page 2 Resolution No. Passed 2U Should the territory (a) be annexed and (b) subsequently become subject to zoning pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses in the annexed territory that Dublin City Council determines are ,I clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining ~ within the township should land adjacent to the territory be determined to be ' unincorporated territory. i i Section 2. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this~~ day of , 2006. i III i Mayor -Presiding Officer ~ I I ATTEST: ~n~ C~ ~,~.~z2~4i Clerk of Council II I~ III 'i~ i i ~ I'I Proposed Annexation of 226.6 Acres L t _ ~ tii "1L Nt ~~i' - ~ R 1 i e g _ ~ , Z ' ~k , WASHINGTON } TOWNSHIP i a~~. - 4 ~ T • ~ _ (,ice ~ Q - ~f~ :Z~ ~ a 33'' t f Fy~~., {!i L~-~ ~ S r~ ^ ~ LL tr', ~ Y v~ Y Rings Road k3: ~ , ~d a a, - x. ~a• `i`~:~ s WASHINGTON ~r ' TOWNSHIP ~ _ ~ 5_~' J \ ,'t - µYY ti ~ t ~ t CITY OF COLUMBUS 0 CITY OF COLUMBUS BROWN TOWNSHIP a a 05-101 ANNEX City of Dublin Land Use and Carmel Farms, Inc. o soo ~,ooo Long Range Planning Rings Road Feet ~rf.rT~,~~~~ EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023) TO THE City of Dublin OF 226.6 ACRES MORE OR LESS IN THE TOWNSHIP(S) OF Washin t~ on / ~ TO THE BOARD OF COUNTY COMMISSIONERS ~ ``jj OF Franklin COUNTY, OHIO: ~U//v~ The undersigned, petitioners in the premises, and being AL.L OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of 226.6 acres with a total perimeter boundary of 21.880' ,more or less, in the Township(s) of Washington which area is contiguous along 2.764' or 13 % and adjacent to the City of Dublin , do hereby pray that said territory be annexed to the City of Dublin according to the statutes of the State of Ohio and that no island of unincorporated area will be created by this annexation. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. In support of said Petition, your petitioners state that there is/are within the territorv su prayed to be annexed five (,5) OWNER(S) OF REAL ESTATE. Harrison W. Smith, Jr. whose address is 37 West Broad Su•eet, Suite 725, Columbus, Ohiu 43215, is hereby appointed Agent for the undersigned Petitioner(s), as required by Section 709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any ~unendment and/or deletion which in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the Franklin County Engineer in his examination of the Petitiun and Plat. Said amendment shall be made by the presentation of an amended plat and description to the Board of County Commissioners on, before, or after the date set for hearing on this Petition. WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT'I'O APPEAL IN LAW OR EQIJITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION PROCEDURE SET FORTH LN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMiJS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS Bv: Car el Farms, Inc. fZ 5a_ -r5~swea~~ ~UR~~I~o~~ Fredrick F. Campbell, Bi of Diocese of Columbus Florence Wuertz, rustee "lam ~Hgs o~~`,,~~~o?~ Dennis E. Wuertz Carolyn L. Wuertz N l F:docs~s&hannex~2005\curmelfanns•226.6-exp.pet Q O/3 U05) jth Nov 16 05 04:39p David Parsley 614 771 0421 p.2 MIPIv i ES or ACTIONS ':AiCEN iN WRITING WITHOJT A MEE.ING HY ALL OF THE DIRECTORS OF Cax~nel Fa:-ms, Inc. August 22, 1968 . The undazsigned, being all of the directors of Carmel Farms, Inc., do hereby take the foliowinq actions on the date set forth above by this writing, signed and approv4d by each of them: RESOLVED, that Charles W. Ewing, as Secretary, is empowered and authorized, on behalf a= the corporation, to negotiate and consummate the sale, purchase, lease, or rental of any property, and the borrowing of money. RESOLVED FURTHER, and without lir..iting the foregoing, that Charles W. Ewing is empowered on behalf o: the corporation to execute alone, or with any other officer, ary and all contracts, deeds, leases, notes, moztgagaz, and other doc~uaents required or desirable in connection with the foregoing. RESOLVED FURTHER. Lhat Charles a7. Ewing, Secretary, be and 2ts hereby is, authorized and empowered to execute any n:~d all documents evidencing tt~e exercise of any and all of .the powers and authorizations granted purssant to the foregoing :eeolutiona. These minutes constitute a complete record of all actions taken by the directors of the corporation on the date set forth above. /4/t-~C- Cha s Ewing J n L. Tarry, M. D.~' cwer76l8 ~4 u. PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER Frederick F. Campbell Carmel Farms Inc. Dennis E. & Carolyn L. Wuertz 19$ East Broad Street 5375 Cosgray Road 6851 Weldon Road Columbus, OH 43215 Dublin, OH 43016 Plain City, OH 43064 272-000024 272-000053 272-000284 'ROPERTY OWNER ATTORNEY Florence Wuertz, Tr. Jackson B. Reynolds, III 7495 Rings Road Smith & Hale Dublin, OH 43016 37 W. Broad Street, Suite 725 272-000159 Columbus, OH 43215 SURROUNDING PROPERTY OWNERS Brian C. & Linda M. Erdman Johnny Meade & Clara J. Meade Amlin United Methodist Church 5301 Cosgray Road 5428 Cosgray Road 5441 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000023 272-000079 272-000106 Freda Whitmer John J. Francisco, Jr. Kelly A. Lynch 500 Carters Mill Road P.O. Box 20434 6951 Rings Road 'lain City, OH 43064 Columbus, OH 43220-0434 Dublin, OH 43016 272-000153 272-000158 272-000254 Tamara S. Smith Sharon L. Ferrell & Elise L. Karl, Tr. 7061 Rings Road Sheila G. Lemaster 5675 Hathaway Court Dublin, OH 43016 P•O. Box 142 Dublin OH 43016 Amlin, OH 43002 272-000280 272-ooo2gs 272-000295 Bruce A. & Becky J. Kinnaird Samuel L. Lemaster Betty J. Newell & 7035 Rings Road 5251 Avery Road Leslie G. Newell Dublin, OH 43016 Dublin, OH 43016 P•O. Box 128 Amlin, OH 43002 272-000303 272-000304 272-0003io Emily Gabriel Donald D. Morlan & Sharon Gilliam 5345 Cosgray Road Anita L. Morlan P.O. Box 72 6625 McVey Blvd. Dublin, OH 43016 Columbus, OH 43235 Amlin, OH 43002 272-000315 272-00031 s 272-000323 Gregory L. Resler & Dan B. Morris & Delmar L. & Karen C. Ratliff Vicki M. Helser Lisa G. Morris 7037 Rings Road 7045 Rings Road 7077 Rings Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000329 272-000331 272-000332 Francisco LLC Jack L. & Helen M. Culp Margaret A. Haney 1600 Fishfinger Road 7188 Rings Road 7590 Rings Road Columbus, OH 43221 Dublin, OH 43016 Dublin, OH 43016 272-000333 272-000338 272-000340 Jeffrey D. Bryner Sharon L. Ferrell Cosgray Road LLC 7393 Rings Road Sheila G. & Samuel J. Lemaster 6724 Perimeter Loop Road llublin, OH 43016 P•0. Box 142 Suite 201 Amlin, OH 43002 Dublin, OH 43016 272-000404 274-001002 274-001004 Bradley R. Pitman & Donald S. Weaston John E. & Lillian Badurina Candace Pitman 5225 Cosgray Road 5195 Cosgray Road 5336 Drumcally, Apt. C Dublin, OH 43017 Amlin, OH 43002 Dublin, OH 43016 272-000015 272-000465 272-000463 Patricia R. Bickhart, Tr. Marvin E. & Cathie L. Briskey Douglas R. Hoover, Jr. & 5175 Cosgray Road 5237 Cosgray Road Cathleen M. Hoover Dublin, OH 43016 Dublin, OH 43016 5153 Cosgray Road 272-000462 272-000466 Dublin, OH 43016 272-000461 Roger A. & Anne I. McBrayer Floyd Miller & Betty J. & Leslie G. Newell Joyce E. Miller 5213 Cosgray Road P.O. Box 128 Dublin OH 43016 5274 Cosgray Road Amlin OH 43002 Dublin, OH 43016 272-000464 272-000020 272-000310 Bryan D. & Margaret F. Scott Donald S. Weaston Dominion Homes X251 Cosgray Road 5225 Cosgray Road 5000 Tuttle Crossing Blvd. lmlin, OH 43002 Amlin, OH 43002 P.O. Box 5000 272-000467 272-000465 Dublin, OH 43016-5555 272-000627 Al A. Helmuth, Tr. Lloyd J. Kurtz 4905 Converse-Huff Road 6221 Virginia City Lane Plain City, OH 43064 Dublin, OH 43016 ~R~~~-~~1~~ 272-000232 272-000267 fir' _t F i3 ~ is E F: docs\s&hlabels\2005\mi-carmelfarms-south 1.161 (10/26/OS)jth