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HomeMy WebLinkAbout31-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 31-06 Ordirutnce No. Passed . 20 AN ORDINANCE TO ACCEPT AN ANNEXATION OF 4.814 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN (PETITIONERS: DUBLIN BAPTIST CHURCH - 7200 COFFMAN ROAD) WHEREAS, on January 24, 2006, the Franklin County Commissioners approved the Expedited Type 2 annexation petition for 4.814 acres, more or less, from Washington Township, Franklin County, to the City of Dublin, as filed on December 22, 2005 by Michael Wise, Agent for Petitioners Dublin Baptist Church, 7195 Coffinan Road, Dublin, Ohio 43017; 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 4.814, more or less, acres (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 ~ day of , 2006. Mayor -Presiding Officer Attest: g~~~ Clerk of Council 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 Revise ld Code. ~~1~~~ do ~ Depu Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway -Dublin, Ohio 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY OF DUBLIN. Memo To: Members of City Council f-, From: Jane S. Brautigam, City Manager _ ,~f ~`,'?.~~-o.. ~ --~tiL' Date: May 11, 2006 Initiated By: Gary P. Gunderman, AICP, Assistant Director of Land Use and Long Range Planning Re: Ordinance 31-06 -Accepting an Annexation of 4.814 Acres, More or Less, From Washington Township, Franklin County to the City of Dublin. (Dublin Baptist Church - 7200 Coffman Road) Summary This proposed annexation is for 4.814 acres and includes no 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 04-06 and 05-06 were passed by City Council on January 9, 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 4.814 acres. This hearing took place on January 24, 2006 and the Commissioners approved the annexation with Resolution 56-06. A copy of the resolution is attached. Per the Ohio Revised Code, the transcript of the County Commissioners' hearing is forwarded to the Clerk of the municipal corporation to which annexation is proposed. The Clerk is required to hold the transcript for a period of 60 days. Following the expiration of 60 days, at the next regular Council meeting, an ordinance accepting the annexation is introduced. The Council shall then accept or reject the petition for annexation within a period of 120 days after the first reading of the ordinance. If approved at the second reading/public hearing, Ordinance 31-06 will be effective 30 days after passage and the property will be incorporated into the City of Dublin. 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. Recommendation Staff recommends approval of Ordinance 31-06, accepting the annexation of 4.814 acres in Washington Township, Franklin County, to the City of Dublin. January 24, 2006 RESOLUTION NUMBER 5 6 -0 6 REVIEW OF PETITION TO ANNEX 4.9 ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY THE DUBLIN BAPTIST CHURCH. CASE #ANX-EXP2-49-OS WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize the petition that the Dublin Baptist Church filed on December 22, 2005 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 territory 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 territory 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 # 04-06, passed on January 09, 2006 by the City of Dublin Council_ Therefore, upon the motion of Commissioner Kilroy seconded by Commissioner Stokes BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN 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 J K ROY ~s 'rREBY CE FY THAT THE A.BO`JE IS A TRUE AND DEWEY TOKES ERECT COP OF RESOLUTION NO. ~5`L8 ~ "`PTED R`t E FRAN1tLIN COUNTY R ARD~O~~F ~C~~~ SSIONE S ~ _ - ~iA~,A BROOKS PRESIDENT _ BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: MARY JO KII.,ROY DEWEY R. STOKES PAULA BROOKS, PRESIDENT BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO TJN c: Development Department ' FRANKLIN COUNTY DEVELOPMENT DEPARTMENT 280 EAST BROAD STREET 2ND FLOOR COLUMBUS, OHIO 43215-6304 COMMISSIONERS: MARY JO KILROY DEWEY R STOKES PAULA L. BROOKS EXPEDITED II ANNEXATION CASE #ANX-EXP2 REVIEW DATE APPLICATION FOR ANNEXATION 1) Type of Annexation: Expedited Type 2 Annexation Petitions by all property owners where territory to be annexed is not excluded from the township, unless otherwise provided by an annexation agreement or a CEDA (Cooperative Economic Development Agreement)_ Consent of the municipality and the township is not necessarily required. Please email the legal description and the map to: Jthomp~a franktincounttiohio_Qov I) Number of Acres to be Annexed 4 9 2) Address of Subject Property ~20~ C'n f fm~ n Rd Parcel Number ~ 7 !1- 0 0 0 3 3 0 3) Township Location Washington 4) To which City Dublin 5) Name of Applicant Dublin Baptist Chur,4q}plicant's Phone Number 614 - 8 8 9- ~ 0 7 6) Applicant's Address 719 S Coffman Rd (Street) Dublin OH 43017-1033 (City) (State) ~ (Zip) "WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE." 7) Property Owner(s) Signing the Pe io ,3~prttes B. ~ Trustee ~ 2 1 ~oS ,N~e~u Hil Trustee ! Z jZ o S r Da ~ McGinty; Trustee 8) Attorney or Agent James B . Dobbs 9) Attorney/Agent's Address 4937 W. Broad St. (Street) Columbus OH 43228 (City) (State) (Zip) 10)Attorney/Agent's Phone6~Y-870-3000 Fax 614-870-3033 EmaildobbslawAattg.net ~ ~rs~ ~ o~ COMPANY 2740 Last Main Street Bc3xaey, Ohio 43209-2577 November 17, 2005 (614) 235-8677 TE3lefax 235-4559 Appr•o~:inrately 4.9 Acres located in ,='1`is~~~,t ~ Washington TowrrsJrip, Franlclirt County, Ohio, 3 t to be annexed to the City of Dublin, Ohio ~ ~F Situated in the State of Ohio, County of Franklin, Township of Washington, being part of the Dublin Baptist Church 4.814 Acre tract (Instrument Number 200102210034931), Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's Office, unless otherwise noted) and being more particularly described as follows: Beginning at a point of intersection of the existing City of Dublin Corporation Line (Ordinance Number 78-87; Official Record Volume 11892 H-04) with a northerly line of said 4-.814 Acre tract and the south line of the Dickson H. & Joanne H. Call 1.157 Acre tract (said point being 22.5 feet east of the centerline of Coffman Road); Thence, along the northerly line of said 4.814 Acre tract, the south line of said 1.157 Acre tract and the south line of the Dickson H. & Joanne Call 1.242 Acre tract, EASTCRLY, approximately 525.5 feet to a southerly corner of the Jon L. Reynolds & Colleen M. McLoughlin 2.319 Acre tract; Thence, along a northerly line of said 4.814 Acre tract and a southerly line of said 2.319 Acre tract, SOUTHEASTERLY, approximately 121.7 feet to the southeast corner of said 2.319 Acre tract and the southwest corner of the Barbara S. McLoughlin 2.044 Acre tract; Thence, along a northerly line of said 4.814 Acre tract and the south line of said 2.044 Acre tract, SOUTHEASTERLY, approximately 239.6 feet to the northeast corner of said 4.814 Acre tract, the southeast corner of said 2.044 Acre tract and in a westerly line of the Lee A. & David R Jetilcins, trustees 6.342 Acre tract; Thence, along the east line of said 4.814 Acre tract and a westerly line of said 6.342 Acre tract, SOUTHERLY, approximately 171.6 feet to the southeast corner of said 4.814 Acre tract, a westerly corner of said 6.342 Acre tract and the northeast corner of the Albert A. & Lucille A. Gabel, trustees 6.679 Acre tract; Thence, along the south line of said 4.814 Acre tract and the north line of said 6.679 Acre tract, WCSTLRLY, approximately 851.7 feet to a point of intersection of said Corporation Line with the south line of said 4.814 Acre tract and theaiorth line of said 6.679 Acre tract (said point being 22.5 east of the centerline of said Coffman Road); Thence, across said 4.814 Acre tract, along said Corporation Liue and being 22.5 east and parallel with the centerline of said Coffman Road, NORTHERLY, approximately 271.3 feet to the place of beginning CONTAINING APPROXIMATELY 4.9 ACRES. J d "a' a . 9io j . mot"', F '~v`/. I ~ v ' ° COFFMAN ~ :~~jj ~ o ~n ~ p~ ~ A r. ~ ~ ~ ~ b ~ n Y n h a ~ ~ b ~ a a o T ~ o ~ ~ C7 A > s ~ a ~ ~ n ~ 3 r~ ~ N a at n m U1 , r N s• ~ m g• n u . . COFFMAN RpAD / City of OnpRn Corporotion ling ( d. 78--87; ORK 11892 H-04 • ~ _ la i o . ~ / ~ m c~ ~ a - f ..r{! ~ ~ Cp ~ ~ o y ti. V'r ~ rii - ~ ~ N bof...rna i b'tibb•.+ i ,i ti F Q. ~ o ~~AA $Ty . w ~ ~`A b r z4, ~ a AI~. r~ 4 O O r. ~ R N f I•• LI V. ~ ry ~ f~ A8 I+/ rQ `may, r. b 't o ct,. ~ :V~~ ti~~ CC~b'Oe • .V ~,b~tonO baO ~•b• r C 4 ' b Q• ti ah O ~yc~ilb- • b ~m n ; ' ~wR~ b to b_ I x ~ ~ ' , o a4ao i ~ 0.00 da't ~ b q x n ?a O '1 ''t ''r 171 orb V~ b , 1 ~ I I i// 3 + r ~ NSA ~ m ~ P o n ~ ~ ~ ° ~ o ~ ,e co C,p'"., 1i pp . a c a o A~ a ~ ~ t7' ~o n ~ ~ ~ ~ ~ .,t ~ ~ ~ ~ ~ • ~ ~ - ~ x ~ ~ 'd • . .C. ~ G ~ ~ _ ~ o q m ~ a ~ w ' . ( ado < ~ ~ _ rn o P ro osed Annexation of 4.9 Acres p ~ DUBLIN WASHINGTON TOWNSHIP Bran DUBLIN d R°ad Earlin ton Par ~ kwa v t ~ I ~ ~ ° v a t iv DUBLIN N City of Dublin 05-194ANNEX .,fps Land Use and Dublin Baptist Church Long Range Planning 7200 Coffman Road ~ 400 80Feet CITY OF DUBLIN. M e m o To: Members of City Council From: Jane S. Brautigam, City Manager'~~5- Date: January 5, 2006 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer'~~~~"~ Gary P. Gunderman, AICP Assistant Directed Use and Long Range Planning ~ Barbara A. Cox, P.E., Assistant Director of Engineering - Development~lr°- Stephen J. Smith, Director a~~w Re: Dublin Baptist Church Annexation Resolution No. 04-06 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 4.814 acres, More or Less, from Washington Township, Franklin County, to the City of Dublin, Ohio. Resolution No. OS-06 - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses And Zoning Buffer for a Proposed Annexation Of 4.814 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. Request for a Fee Waiver Summary On December 27, 2005, agent Michael Wise filed an annexation petition, on behalf of the Petitioner Dublin Baptist Church with the Franklin County Commissioners. The petition is for 4.814 acres more or less, located on the east side of Coffman Road, 480 feet south of Brand Road in Washington Township, which is to be annexed into the City of Dublin. 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. 04-06 and OS-06 have been prepared for these purposes and for your consideration. !/5~~ ~ ~ ~ Memo to City Council Re: Res. 04-06, Res. OS-06 and Fee Waiver Request January 5, 2006 -Page 2 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. This proposed annexation is for 4.814 acres more or less includes no Right of Way since Coffman Road is akeady within the City limits. FEE WAIVER Dublin Baptist Church has requested that the City waive the annexation fees of $2,600 for this proposed annexation of property located at 7200 Coffman Road. This area is located within a Washington Township enclave (island} that is completely surrounded by the City of Dublin. A review of past Council minutes indicates that it has been the practice of the City to waive any fees associated with the annexation of township enclaves so as to encourage the consolidation of City boundaries. Copies of recent minutes in which this was done are attached for your review. Background ZONING and COMMUNITY PLAN The proposed site and the surrounding areas within Washington Township are zoned R-SR Rural Residential District, which allows agricultural and single-family dwellings on a minimum of two acres. The Dublin Baptist Church facility on the west side of Coffman Road is currently zoned PUD for church use. Upon annexation, this property on the east side of Coffman Road will be automatically zoned R-Rural, under the Zoning Code of the City of Dublin. This would automatically allow Church Uses of the property. The Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for medium density residential, 1-2 dwelling units per acre for the entire tract. The existing adjacent properties include: single family homes on large parcels to the north, west and south and Church uses to the east within the City. 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 1.38 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 1.2 miles away on Brand 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. Memo to City Council Re: Res. 04-06, Res. OS-Gb and Fee Waiver Request January 5, 2006 -Page 3 • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. However, it appears that this property has an existing commercial use therefore, they will be required to use a hired collection service for their solid waste removal. • WATER DISTRIBUTION The property is located within the exclusive annexation area of the Water Service Agreement with City of Columbus. A 16 inch public watermain exists on the west side of Coffinan Road and is adequate to serve this property. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is located within the tributary area of the both the North Fork Indian Run trunk sewer. This trunk is located approximately 660 feet south of the south property line. Sewer will have to be extended to serve this site. • STORMWATER MANAGEMENT AND FLOODPLAIN This property is located within the North Fork Indian Run watershed as defined by the Stormwater Master Plan. The site generally drains to from west to east. This rear of this property is located within the FEMA designated floodplain for the North Fork Indian Run. • ROADS AND STREETS The primary road serving this acreage is Coffinan Road, which is classified as a minor arterial on the Thoroughfare Plan. Coffinan Road is required to have 80 feet of right-of--way according to the Thoroughfare Plan and is already within the corporation limits of the City. 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 approved Resolutions will be forwarded to the Franklin County Commissioners for their hearing on the annexation of the 4.814 acres more or less. Staff recommends that Council waive the annexation fees associated with the annexation of the Dublin Baptist Church property at 7200 Coffinan Road by motion. RECORD OF RESOLUTIONS Da on Le al Blank, Inc., Form No. 30045 04-06 Resolution No. Passed 20 A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 4.814 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN. I WHEREAS, an Expedited Type II annexation petition for 4.814 acres, more or less, I from Washington Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on December 27, 2005 by Michael Wise, Agent for Petitioners, Dublin Baptist Church, 7195 Coffinan Road: Dublin Ohio 43017; and 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 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: -d.--- Section 1. The City of Dublin will provide the following municipal services for i the 4.814 acres, more or less in Washington Township, Franklin County 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 1.38 driving miles from the Justice Center, the Division of Police headquarters. The annexation area will be fully I 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 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 1.2 miles away on Brand Road. Solid Waste Collection. Residential refuse collection services are contracted by the City and are currently provided at no additional charge. Commercial use of this site will require private trash pickup by the property owners. . ~ Street Maintenance. The City's Streets and Utilities Division provides excellent ' ~ service in the area of street and road maintenance. The City currently maintains Coffinan Road in the area of this annexation and will do so at the same levels as other similar streets in the City. Section 2. The City has Water and Sanitary Sewer Service Agreements with the City 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 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 I RECORD OF RESOLUTIONS De ron Le al Blank, Inc.. For Na. 300a5 04-06 Page 2 Resolution No. Passed 20 ' property. The water distribution system is currently available to this site along Coffman Road. The sanitary sewer and wastewater collection will be available to this site within approximately five years. The remainder of the services will be available immediately upon annexation. Section 3. This resolution shall be effective immediately upon passage, as provided under Section 4.04(a) of the Revised Charter. Passed this _ day of , 2006. ~I ~ Mayor -Presiding Officer I i ATTEST Clerk of Council i i, 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 R~eJv/ise~dQCod~e. ~ ~ D ty Clerk of Council, Dublin, Ohio i RECORD OF RESOLUTIONS Da un Le al Blank, inc., For No 30045 OS-06 Resolution No. Passed 20 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 4.814 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. WHEREAS, a petition for an Expedited II method of annexation of 4.814 acres, more or less, from Washington Township, Franklin County, was filed in the offices of the Board of County Commissioners of Franklin County, Ohio on December 27, 2005 by Michael Wise, agent for Petitioner Dublin Baptist Church, 7195 Coffman Road: Dublin, Ohio 43017; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the territory proposed to be annexed 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 WHEREAS, the territory proposed for annexation is currently subject to township j zoning pursuant to Chapter 519 of the Ohio Revised Code; and I 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 permit 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 I 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; 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 temtory be automatically rezoned to R-Rural District subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and WHEREAS, the temtory proposed for annexation is adjacent to the City of Dublin to the west and adjacent areas to the east, north and south are adjacent to unincorporated territory. I NOW, THEREFQRE, BE IT RESOLVED by the Council of the City of Dublin, I State of Ohio, of the elected members concumng that: I Section 1. The City of Dublin adopts the following statement for the 4.814 acres, more or less, in Washington Township, Franklin County: ~ Should the territory (a) be annexed and (b) subsequently become subject to zoning pursuant to the Dublin Codified Ordinances, and (c) should the municipal zoning permit uses in the annexed temtory that Dublin City Council i . RECORD OF RESOLUTIONS Damon ~eaai eianw mc. Foam rso eooas OS-06 Page 2 Resolution No. Passed 20 determines are 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. 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. Mayor -Presiding Officer ATTEST: Clerk ofCouncil i I~ i_.,, ~ 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. / _ uty Clerk of Counci ,Dublin, Ohio i - December 28, 200 ~ • The honorable Anne Clarke Clerk of the City of Dublin 5200 Emerald Parkway Dublin, OH 43017 Re: Request for Annexation to the City of Dublin Dear Ms_ Clarke: This fetter is notify you that Dublin Baptist Church has requested the Franklin County Commissioners [o approve the annexation to the City of Dublin our property located at 7200 Coffman Road, Dublin, OH 43017. The petition/application for annexation was filed with the Franklin County Development Department Tuesday afternoon, December 27, 2005. A copy of the petition/application and the survey of the property are attached for your review. Should you have any questions, please contact me at 889-2307. In His Service, 4~~ Michael Wise Minister of Business Administration Enclosures 15 O K pc COU~yC1l i ttC~ ~ ~~B'L~N a5-)g ~u~x DEC 2 2005 ~C~~yl2 P~ • RECORD OF f ~CEEDINGS Mintt[~s..of_. Dublin City Council Page 6 _ _Mceting Held March 5, 2001 IYEAftI Mr. Smith explained that this relates to a lot on the south side of Woercr-"Temple where a temporary easement is needed for construction to enlarge the roadway. Mrs. Boring asked that staff be very sensitive in their work in view of the close proximit}~ to the residence. Vote on the Resolution - Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes. OTHER Policy regarding fee waivers related to the tree preservation ordinance Ms. Newcomb provided a brief overview and history of the ordinance. The tree preservation ordinance was approved by Council in October of 1998. Within the landscape code, Dublin always has had a policy which required preservation of trees during the development process. What changed with the ordinance in 19913 was a new requirement for tree replacement, based upon an inch for inch replacement. The funnul? was designed to be simple to implement and enforce. If inch lur inch replacement ~Y~ould result in overcrowding, there was an option to pay a fee to be used for planting of frees un ~ public property. Overall, the ordinance has been very successtid, resulting in shifting of buildings on sites to preserve trees, better location of utilities iu relation to trees, and better tree preservation methods in general. Staff has recently pruvided a couple oC memos regarding the proposed guidelines for fee waivers. Staff also reviewed the sliding scale proposed by Mr. McCash, but it did not yield the results us hoped. Staff is now recommending the formula as originally proposed in October of 2000 that takes into consideration whether all codes have been utet ou the site and if methods have been used to minimize tree destruction. If both of these have been met, staff would then recommend a fee waiver or reduced fee, based on a tree for tree replacement as apposed to inch for inch. In addition, based on discussion at Council and Natural Resources Advisory Commission, landmark trees of 24 inches in diameter or greater would be replaced instead on an inch for inch basis. Mrs. Boring asked that the definition of landmark tree and the location of those trees be included in materials provided to developers. She then asked how adoption of this pulic~ would affect the pending Preserve development. Ms. Newcomb stated that the developer would have to file for a waiver from Council. They received a full waiver for the first phase of the project, but they have been informed that the policies are changing. The developer has indicated that the project is not feasible without a waiver. Staff will prepare a report on the efforts they have made to preserve trees on the site to date, and will make a recommendation to Council for this and the other developments for which waivers have been requested. Mr. Reiner stated that he is encouraged to hear that better planning for utility placement and structures has been an outcome of the tree preservation ordinance. Mr. Adamek moved to amend the proposed formula as outlined in the Octuber 2~, 2UUu memo to provide that landmark trees, those 24 inches in diameter or greater, arc exempt from the tree for tree replacement and will instead be replaced on an inch for inch basis. Mrs. Boring seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mr. Adamek moved to adopt the policy as amended. Mrs. Boring seconded the motion. Vote on the motion -Mayor Krunstubcr, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes, ~~4rs. Boring, ves. Conncil Round Table/Committee Reports Ms. Chinnici-Zuercher noted: 1, A letter was included in the packet from attorney Michael Close regarding a fee waiver for the atu~exation of hldian Run subdivision. Mr. Hansley stated that staff is reconunending that Council waive this fee in keeping with their policy to annex islands of township within the City limits. Ms. Chinnici-Zuercher moved to waive the annexation fee for hiditu~ Run subdivisiun. RECORD OF f ~CEEDINGS _ Minutes of_ . Dubliaa City Council Page 7 Meeting. Held March 5, 2001 (YEAR) Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. 2. A memo was included in the packet from Mr. Kindra regarding the interior painting of the water tanks on Avery Road and Blazer Parkway, with funding from the City's water fund. What is the current balance of this fund'? Ms. Grigsby stated that the balance in the water fund is approximately S 10 million. The sutplus is being built up to provide funds for future water towers. Mr. Hansley added Chat this item was unanticipated, as the condition of both tanks upon inspection was worse than expected. Therefore, this item was not budgeted for this year. 3. The tone and content of the letter regarding Code compliance sent by Greg Jones to the property owners in the Historic District was very nice and well done. 4. She will attend the NLC Congress of Cities conference in Washington, D.C. this weekend as part of her service on the Public Safety and Crime Prevention Committee. 5. She suggested that a staff member attend the March 28 Intelligent Ti ansportatio? System seminar. Mr. Peterson: 1. Reminded Cowicil members that board and commission candidate interviews have been scheduled for the evenings of Munday, March 12 and Wednesday, March 14 at 7 p.m. He asked that everyone make au elfort to be present. 2. Asked about the staff response sent to the Waterford resident who was irate with the perimeter fencing restrictions and the resulting loss of use of a portion of his yard. Mayor Kranstuber stated that, personally, he did not envision this type of siuauiun resulting from the Code changes approved by Council. Mr. Hansley stated that staff is reviewing this situation in terms of creation of a "devil strip" for fences on adjoining properties. Mayor Kranstuber stated that he would prefer that fences be discouraged, but at the same time permitted to some extent and made as attractive as possible. Mr. Adamek stated that he worked with Mr. McCush on this matter. ']'he intent was to discourage/eliminate the stockade effect offence upon fence. Restricting perimeter fencing was a means to this end. Mrs. Boring commented drat there is a cost factor involved, as neighbors can uo longer share fences. In addition, more fencing material is needed if fi=acing cannot br shared between two properties. Mayor Kranstuber noted that the Planning staff has indicated that they have received many complaints since this amendment was enacted. Mr. Hansley stated that it may be advisable to help residents understand the goals of the fencing restrictions, in terms of improving aesthetics for the community. Mayor Kranstuber asked if Council would support revisiting the fence code provisions. Mrs. Boring, Mr. Peterson, Ms. Chinnici-Zuercher and Mayor Kranstuber indicated they would support having staff provide options regarding other ways to achieve the goal of improving aesthetics, while discouraging fences. Mr. Adamek and Mr. Reiner stated that they would not support revisiting the ordinance. Mr. Adamek added that Council has worked hard to ensure no-build zones and ope? vistas, and installing asix-foot fence is not in keeping with these efforts. Mr. Gibson pointed out that there is a provision in the Code to allow perimeter fencing for lots over 30,000 square feet. Mayor Kranstuber moved to direct staff to provide information on what the fencing issues have been, how BZA has handled them, and other ways to achieve Council's goal. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mr. Adamek, no; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. 3. Mr. Peterson indicated that he and Mr. Hansley will meet tomorrow evening with a potential facilitator for goal setting. ' RECORD OF f JCEEDINGS _Minutes_of _ _ _ _ Dublin City Council N,~eting Page 7 Meeting Held > (YFARI 7) That signs indicating future road extension be installed at all stubs; and 8) That a revised final plat incorporating the above changes be submitted prior to scheduling for City Council review. Ms. Clarke stated this is the final plat which relates to comments made by Ms. Diamond at the beginning of tonight's meeting. When this phase is built, there will be the ability to disconnect Dan-Shetri Avenue from direct access onto Avery Road. The residents on Dan-Sherri Avenue would then take their access through the subdivision. Mayor Kranstuber moved approval of the final plat of Kendall Ridge, Section 2. Mr. Adamek seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Re~nPCt for Waiver of nnexation Fee for Dublin M•tnor subdivision Mr. Hansley stated that the current annexation fee is $2,050, and Mr. Close is representing the applicants in this matter. He added that it has long been Council's policy to encourage annexations of the "islands" of township within Dublin. Tonight's request relates to the subdivisions located off of Dublin Road in the Bellaire area. _r~dge Mich•iel Close 7360 Bellaire Avenue Dublin stated that this area is comprised of three subdivisions -Dublin Manor, Lanshire, and Manor Court. Three months agu, he initiated a request to staff for an engineering study regarding the provision of water service to their area. There are approximately 50 lots on Manor Court, Bellaire Court, Bellaire and Limerick, and all but 14 of the lots are within the City of Dublin. When hr surveyed the neighbors about water service, many asked about the possibility of amnexation. He has been assisting with this effort, and is here to request that Council waive the annexation fee for this area in keeping with their policy direction to aiulex township islands. In response to Mayor Kranstuber, Mr. Close stated that not all of the property owners in this area will be annexing at this time, but he believes that, eventually, all of these loss will be incorporated. They don't want to force amlexation on ~myone. Seven ul'thr 14 township lots owners have indicated they will pursue annexation, another three are probable, and another two have indicated that cost is a factor in their decision. "fhe law does allow that even Though these lots are not contiguous to each other, this um~rxatiou can be done in one application, with one legal description. Mayor Kranstuber moved to waive the annexation fee for the properties in the area of township in the Dublin Manor, Lanshire and Manor Court area as represented iu tonight's discussion with Judge Close. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes, Mr. Adamek, yes. Adontion of Council Meeting Schedule for Ye•,r 2000 Vice Mayor Boring noted that a revised meeting schedule has been prepared based upon the discussion at the last meeting. Mr. Reiner noted that he will be out of the country in February of 2000. Mayor Kranstuber moved to adopt the proposed schedule of Council meetings for the year 2000. Mr. McCash seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, abstain; Mr. McCash, yes. Discussion re Changeable 4igna~_Regu ~t fog r Schools Mr. Hansley stated that a report from staff was included in the packet. Mr. Smith stated that the legal department researched this matter. As indicated in the memo, such a Code change would apply equally across the board to all schools in Dublin, both public and private.