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HomeMy WebLinkAboutResolution 061-16RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. _ 61 -16 _ Passed , 20 A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 47.366 ACRES, MORE OR LESS, FROM JEROME TOWNSHIP, UNION COUNTY TO THE CITY OF DUBLIN. WHEREAS, a Regular Annexation petition for 47.366 acres, more or less, from Jerome Township, Union County to the City of Dublin was filed in the offices of the Union County Commissioners on September 27, 2016, by Tom Hart, Attorney /Agent for Petitioners, Johnston H. Means, R. Oliver Griffith and Deborah L. Griffith; and WHEREAS, Section 709.03 (D) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the Municipal 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 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 area contained in the Dublin Community Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City of Dublin will provide the following municipal services for the 47.366 acres, more or less in Jerome Township, Union County immediately upon the annexation of the area to the City of Dublin, Ohio: Police. 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 and EMS. Washington Township Fire Department currently provides fire protection and EMS services to Dublin residents. Dublin will ensure that this area of Dublin is provided with fire protection and EMS services at the same or similar level now being provided to other areas of the City by either Washington Township or a comparable fire and EMS department upon annexation. Solid Waste Collection. Residential refuse collection services are contracted by the City and are currently provided at no charge. Section 2. The pity has Water and Sanitary ewer Service Agreements with the City of Columbus, and the subject property is within the Dublin Exclusive Service area of both 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 properly at the current time. Section 3. This resolution shall be effective immediately upon passage, as provided under Section 4.04(x) of the Revised Charter. PAIsed this,,---� d of ��Q i��6?� -C!� , 2016 ayor - PreocjfngJO ATTEST Clerk of Council Initiated By: Vince A. Papsidero, FAICP, Planning Director Jennifer D. Readler, Law Director Paul Hammersmith, P.E., Director of Engineering /City Engineer Claudia D. Husak, AICP, Senior Planner Re: Resolution 61 -16 - Adopting a Statement of Services for a Proposed Annexation of 47.366 +/- Acres from Jerome Township, Union County (Petitioner: Means /Griffith — Autumn Rose Woods) On September 27, 2016, attorney /agent Thomas L. Hart filed an annexation petition with the Union County Commissioners on behalf of Johnston H. Means, R. Oliver Griffith and Deborah L. Griffith. The petition is for 47.366 t acres. This application was the subject of a pre- annexation agreement approved by City Council on August 22, 2016. The petition was filed pursuant to O.R.C. 709.02, as a "Regular" annexation. The Union County Commissioners must schedule a hearing not less than 60 or more than 90 days after the filing of the petition. The Commission's hearing is currently scheduled for December 15, 2016. For a Regular annexation the City must adopt a Statement of Services at least 20 days prior to the Union County hearing. The Commissioners must adopt a resolution either approving or denying the petition within 30 days following the hearing. Reparations A Regular annexation permits the City to determine the Township designation of the property after annexation. In previous annexations, the City has placed properties into Washington Township in order to secure Washington Township Fire and EMS services. This action requires the City to pay reparations to Jerome Township on a declining scale over a 12 -year period. As has been the case in most recent annexations, the developer has agreed to pay the required reparations as specified in the Pre - Annexation Agreement approved in August of this year. Background Zoning and Community Plan The current Jerome Township zoning classification for this property is Agricultural. 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 one -acre lot. A rezoning application will need to be filed for any development outside of these parameters. The Community Plan anticipated annexation of this area. Memo to Council re. Res. 61 -16 — Statement of Services November 17, 2016 Page 2 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 three driving miles from the Justice Center, the Police Department's headquarters. The City of Dublin provides twenty -four hour police and communications services and has mutual aid agreements with other jurisdictions. The annexed area will be fully served with these services at the same or similar level now being provided to other areas of the City. • Fire Protection and Emergency Medical Service (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin. Most previous annexations in this area have been transferred from Jerome Township and placed in Washington Township. The Brand Road station is approximately 2.8 miles from the annexation area. If changed, 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. • 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. • Water Distribution The property is located within the Exclusive Dublin Expansion Area of the Water Service Agreement with the City of Columbus. A 12 -inch waterline is located on the east side of Hyland -Croy Road and will provide service to this property. • Sanitary Sewer (Wastewater) Collection The property is located within the Exclusive Dublin Expansion Area within the Sanitary Service Agreement with the City of Columbus. This property is located in a tributary of the North Fork Indian Run trunk sewer. There are sanitary sewer facilities adjacent to the site that were designed to accommodate development in this. This will be accessible to the subject property by constructing new sewer lines to the existing sanitary sewer lines. • Stormwater Management and Floodplain The property is relatively flat, drains northwest to southeast, and is located in the tributary of the North Fork Indian Run watershed as defined by the Stormwater Master Plan. This property is not in a FEMA designated floodplain. Recommendation This property is within the proposed annexation areas of the Community Plan and is located in the exclusive Dublin Service Area as defined in the water and sewer agreements with the City of Columbus. Approval of Resolution 61 -16 regarding the Statement of Services is recommended. Upon City Council's approval, this approved Resolution will be forwarded to the Union County Commissioners for their required hearing. 16- 086C/PDP/PP Concept Plan/Rezoning 0 250 500 Preliminary Development Plan /Preliminary Plat City of Dublin Autumn Rose Woods PUD Feet 7540 7660 Hyland-Croy Road I/PDP/PP Concept ncept Plan/Rezoning 0 300 600 Preliminary Development Plan /Preliminary Plat City of Dublin Autumn Rose Woods PUD Feet 7540 7660 Hyland-Croy Road PETITION FOR REGULAR ANNEXATION (UNDER OHIO REVISED CODE SECTIONS 709.02 to 709.11) TO THE CITY OF DUBLIN OF47.36ti ACRES, MORE OR LESS, FROM JEROME TOWNSDIP, UNION COUNTY TO THE BOARD OF CO UNTY COMMISSIONERS OF UNION COUNTY, OHIO The undersigned, petitioners in the p emises, and being THB MAIORITY DF THE OWNERS OF REAL ESTATE in the territory described, consisting of 47,366 acres, more or Tess, with a total length of dw annexation perimeter of 6,2691ineal feet, more or less, in the Township of 7¢rome, which area is contiguous along 31196 heal feet, or 819` is contiguous to the City of Dublin, de hereby pray tat 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 aBeched hereto ro Exhibits "A "and "B" and made pad hereof In support of said Petition, the petitioners siate that there are witirin the territory so prayed to be annexed three (3) OWNBRS DF REAL ESTATE who have signed this Ptlilicn. Thomas L. Had, whose address is Isaac Wiles Burkholder & Teetor L1C,1'wo M¢anova Place, Ste. 700, Columbus, Ohia 43213, is hereby appointed agent for the undersigned peitioners, as requhud by Section 109.02 of the Revisal Code of Ohio. Said agent is hereby authorized with full power to take ell actions necessary to obtain the granting of this Petition and to make any amendment andlor deletion which in his absolute and complete discretion is necessary or proper under the circurostaaces then existing, end in padiculaz to make such amendment in order to correct any discrepancy or mistake rimed by the Union County Engineer in his ezaminatlon of an amended plat and description m the Board of Commissiorxrs on, before, ar after the date set for hearing on this PetiOon. RECEIVE SEP 212016 Union CounPj Commissioners NAME pA AREA � 7660 Hyland Croy Road J Plain City, OH 43064 LJ�G ohnston .Means 1540 Hyland Croy Road ! � jd Plain City, OH 43064 R. O1rverGntiith 1540 Hyland Croy Road Plain City, Ol{ 43064 S Q 6 Deborah 1. Gr ih EXffIBITS Rxhibit A= Legal Descriptim� Exhibit B= Plat Map Exhibit C= Parcel Owner List of Territory to Be Annexed and Adjacent Parcel Qwner list 379811 1.1.01131 00018 EXHIBIT A Cad L Finarm mwcr' C°n�vhara, Im. DESCRIPTION OF NEWANNEXATION ON 47366ACRBTRACT FROM TOWNSHIP OF JEROMC TO CITY OF DUBLIN UNION COUNTY, OIGO Situated i1 I Stet of Ohio, Coaaryof Union; Towaldpof Jemmq Virginia Military SuMNo, 3452, and losing pan of a 32323 aanad(Pmacl NBmhct 1700290110000, MapMwbm 14709COMO deedtd0J. PL Main in Bad Book 278 , Page 714,fleso mm Nun* 20i=(1001329,panads 9.3672 acre== hiect Nil 17 0 0 79010 0 0 0 4MapNnmbor 1410000009000) Wwof a 66325 out come (Pamo] Number17 0029020NVO, Map Number147000OMBORdiiitoR .Oliv Grifih Deborah L, Griffith in Docd Book 236, Page 186, all hung ofraord in Ne Raorder's Office, Lloan County, No and being more particularly described as follows; BEGINNING U a point coremon l jai d32J28 amottamat d4ecomely righkf way line of Hylaad•Cay Road and ho so nnglc point in At 6sling 0 ofDaNin CoTomdon Linea eaiabliahoil y Name Numbs12749; Them; None SS°12'O5 "Bali At the Oman line aid32.3 28 ads and ofBi ill op's Cr ing Subdmmon, ofmcxd in N Book 5, Page I I7 and in ill said corporation line, 2distma of 197918 fat m 1 common coma of said 32,328 acs Vactaid of Id27 in aidBehop'a Consul; Subdivision aid It westerly line of Lot 107 in Pink PlsxSedim4, of I=d iaFlat GMntt S, Pege7042 and being an angle point in said atpoat m It aq Thais, Soi 16°3638 "Eat, with the common Sea ofsaid 32328 aamd pukplate Salon 4, and along InWop shim line a e&abl allied 4 Omens Number 11 3.9g, OR. 136, ?8113 Q, a dimmce a1fi8R37 facto ache smihast coma oP sold 32328 one tract and also peeing apdol oa e nmtberly Ilnc of Reaervc "P ", ReplmrdLdl3,PmkPlete Secdm 7 arA RcmrveF, PaskPycc 9ad0 4, etreasd is Met GMod3, Pogo 146 adBeing ea anglepdntin eaidedpmuioa Ono, TOtau, South BS °16'43" WtP, wirh the common lint oPaeid 32.328 aaa eod said Replet of Lot 73, Pak PI as 8adm 3 coed Rctax F, Pads Plue Saviors 4, and ailh acid coryaotinn 1 im, a di adaa d 424.71 ftcr toapdntan theemtherlyliutafaaid 32 .318 sera and huglOenonhnsd,amtrafadd 9.3672 ore Vat adheing m anglepoimin saidroryaatmnlinc; Thcnce, South 4°24"!6" Em4 w4tlr ammm lim of aid 9.3 fi71 ams and aid Perk Plea 8acion 4 and with ai d cory omdou Ila, a disuace of 400,23 frd tu>hc aoutheal caner of sa id 9.M72 coma end aOa being o pcim crammwithrAtavaterly line 1x173 in Park Flax Sation3,of ramd inPlmCaMad S, Pagt 65 mtl being an anglepoim ie:aidarpmalinn line; TNmoo, South 83 °I3N3 "War, wltlt 6aamnm line afaaM9J672mres andof and 6,6728 urea and raid Pak Place Bap m 3, and of Pak Flax Salon 2 of taoM In PI m CeMn d S, Page 41, end of ParkPlmtSadon 1, of acordinPlatCebind3, Pegt 33.33, mdwiO, said osryoafion line,adidanu of 1702.94 Bat ro rdeaaurty righsafwry One ofHyimdCroy md6tiegm angltpamlin aid eagaaNm line; Thence, Nodh4 °13'23" Wa1,wiO said eattrlyriglikf>prey linamdnew xryamim ling 1012.36 kd to Iht TRVC PoINTOFBEGCGNMG, eatu'nng4736fi ara, more or Ira Baia o4 Badng is bead nn o6arvadans, mawrtments, end alcal�oas of Ae l Dori' m at �t 6owday eridmx, aferenadro egddmaidian afNOnO4 °1323 "Waefarde xnMlioeofHyhnd� Croy Road addemtined by sour atatnwtioa and pas paansedby m N08 OP113 mlwdon 5,196 fioeal kdof tM1e 6,2691inal faabemn dtscnbed(82.9%),isamdrptoa with Ott aiming CiryoPDo8lia tarycadonlim. Forlid of cumntaffatadedjoimrssa Atlachmat "A," , % CML 7 ONMENfALCONSULTANTS, INC. s AuN BMITM Muk4lan Smith PS. Date %� $AT82. �: Ragistaed Surveyor NaB232 Pagetof2 130 OldWlsan Bridge Road, Sute 2301 WanNagten, Oh10 43085 � p' 614540.6611 1;6q•540.6618I www.tadnecom ANNEXATION of 47.366 AC. FROM JEROME TOWNSHIP TO CITY OF DUBLIN. $xIMIEO M ME STAM OF ONn, coGxtt OF (MON. 1MN411P OF JEiWK VMCMM NN w E. NO. 3{93 ��— —�— L�11 1�' \ �1 , LEa�9 11 N, Icy �tmH Ym Tu�v\ — — F G'Nti�ACM/JI/.b2 ,m „N`p w I '7 B5'1Y 'E r91A18' �2 � \\ � eiwouACavm¢Imv ME WYSx J `^ �'M 11 COM14u1tt CALCULgnox ',Ay///S/pV M YEWS 5198 'JNFAL FEEF OF PEN. 6 CgITGllpl$ PASEII - /TpjgJ1. m` m IU I M �1MMEx —.G OtlRPoR w 11NE OF ENE CRY N I1. M Yp/ OyXW)!p �•'.1L.KS ♦EOM OF BSMI xHFII rtEf W M'HEYD P MT& O. O AR r Rn LID / OONENOCFAOLV50.VTIO ME F� t C CI Y p r O�OW0.1Ix1E/, IS W, v A Mw /aC a 0I IX P A/1 N mkt — / S 1 1 Ilww w VICINITY MAP w / \� � 1 GINId Bmxo —e�bl GUnn1 © �YHry re rcTANN6N 9RESLAT tT.939 ACPE9T0 M4R1( TMO OFENALII FAN TOWNGHIPOFJEA COME. W NORTH sM1TM uxwxcrourrrr,onu S. e p= PULTEHOMES SCNE M FE£F S9 •R5a^ {TiLb MF.P�G.GgIFFliH FPAC a vo eoo .bNAV S��� R — F.XH1B[T C C— ADJACENT ppflCEL OWNER5 Updated 912112016 Owners' Parcel Information. EXHIBIT 1. Parce11700290200D00 R. Oliver Griffith and Deborah L, Gdifrth 7540 Hyland Croy Road Plain City, OH 43064 2. Parce11700290110000 Jahnslon H. Means 7660 Hyland Croy Aoad Plain City, OH 43064 Adjacent Parcel Owners: 1, Parcel 3900290100810 Bishops Crossing Circle Dublin, OH 43016 City of Dublin 2. Parce1390029006100D Wistlam Lane Dublin, OH 43017 City of Dublin 3, Parce13900290062520 6652 Park Mill Dave Dublin, OH 43017 City of Dublin 4. Parce11700280090000 7825 Hyland Croy Road Board of Park Commissioners 7825 Hyland Croy Roatl Plain City, OH 43064 5. Perce11700310370000 7525 Hyland Croy Aoetl Kan Zhao 7525 Hyland Croy Roatl Pain City, OH 43084 6. Parce11700310500000 7505 Hyland Croy Road Andrew W, &Sandra K. Hite 7505 Hyland Croy Road Plain City, OH 43064 7. Paroe11700310470D00 7485 Hyland Croy Road Arthur G. & Elizabeth I. Wesner 7485 Hylantl Croy Aoad Plain City, OH 43064 8. Paroe1390029W61010 7471 Wisdom Lane Keith J & Hollis Olstewski 7471 Wistlom Lane Dublin, OH 43017 9. Parce13900290061020 7479 Wistlom Lane Tirupatl Balage & Sujaiha Ravatla 7479 Wisdom Lane Dublin, OH 43016 10. Paroe13900290061030 7487 Wistlom Lane Richard Y. & 5usame L, Ryu 7487Wisdom Lane Dublin, OH 43017 11. Parce1390029006104D 7495 Wistlom Lane Christopher G, 8 Rachael T. Black 7495 Wisdom Lene Dublin, OH 49016 12. Parce13900290061170 7502 Barrister Drive Yegiu Zhac 7602 Barrister Drive Dublin, OH 43016 13. Parce13900290061430 W Marston lane Michael R. & Kathleen M, McFadin 7505 Marston Lane Dublin, CH 43017 14. Parce1390D290061440 7513 Marston Lane Tom E. 8 Deborah H, Rodgers 7513 Marston lane Dublin, OH 43017 15. Parce13900290061450 7521 Marston Lane Francis P, & Nichols A. Sudal, Jr, 1521 Marstan Lane Dublin, CH 43016 i6. Parce13900290061460 7529 Marston lane Natasha S, Holland, Trustee 7529 Marston Lane Dublin, CH 43017 17. Parce13900290061470 7537 Marston Lane Robert V. & Kelly A, Heavilin 1537 Marston Lane Dublin, OH 43017 18. Parce1390D290D61480 7545 Marston Lane Alycia E, & Gabriel B. Cassini 7545 Marslon Lane Dublin, CH 43017 19. Parce139D029006150D 6778 Park Mill Ddve Robed C. & Margaret A. Whipple 6718 Park Mill Dme Dublin, CH 43017 20. Paroe13900290062000 6770 Park Mill Drive Timothy L. & Senay Y. Merimee fi770 Pa4r Mill Drive Dublin, OH 43017 21. Parce13900290082010 6762 Park Mill Drive Lavanya Kumar Munaswamy 6762 Park Mill Drive Dublln, OH 43017 22. Parce1390CQ90062020 6754 Park Mill Drive Tarun & Payal Kumar 6754 Padc Mill Drive Dublin, OH 43017 23. Parce13900290D62030 6736 Pa4c Mill Drive Chowtlari &Lavanya Garapati 6736 Park Mill DrNe Dublin, OH 43017 24. Paroe1390029006240D 6598 Park Mill Drive Sindhu & Rajgopal Padmini 6598 Park Mill Ddve Dublin, OH 43011 25. Parcel 390029006239D 6604 Park Mill Drive Alexander J, Kahng 6604 Park Mill Drive Dublin, DH 43017 26. Parce13900290D62380 6614 Park Mill Drive Brian S, 8 Andrea L Gunnae 6614 Park Mill Drive Dublin, OH 43017 27. Parce13900280062370 6622 Park Mill Drive Cynft R, Woadrulf, Trustee 6622 Park Mill Drive Dublin, OH 43017 26. Parce13900290062360 6630 Park Mill Drive Lauralee C. McCloskey 6630 Park Mill Drive Dublin, OH 43017 29, Parce138D0290062350 6638 Park Mill Drive Ted G. Oiler 6638 Park Mill Driue Dublin, OH 43017 30. Parce139D029D062070 7501 Pharoah Court Anterpreels & Poonam Nekl 7501Pharoah Court Dublin, OH 43016 31. Paroe13900290062060 7493 Pharoah Courl Taehoon Kim & Jihyun Lee 7493 Phaoah Coud Dublin, OH 43016 32. Paroe13900290100820 6851 Bishops Crossing Circle Jinghong Yu & Liping Xu 6851 Bishops Crossing Circle Duhlin, CH 43016 33. Parce1390D290100830 6643 Bishops Crossing Cirole Huawen Zhu & Xiangqun Chen 6643 Bishops Crossing Cirole Dublin, OH 43016 34. Parce1 3 9002901 00840 6835 Bishops Crossing Circle Mallappa & Barki Kasturi Ganesh 6835 Bishops Crossing Circle Dublin, DH 43016 35, Parce13900280100850 6821 Bishops Crossing Circle Nigel &Gail Williams 6827 Bishops Crossing Circle Dublin, CH 43016 36. Parce1390029D100860 6819 Bishops Crossing Circle Eric 5hariman 6819 Bishops Crossing Circle Dublin, OH 43016 31. Parce13900290100870 6511 Bishops Crossing Circle Guohong Shen & Xiacging Yang 6511 Bishops Crossing Circle Dublin, OH 43016 38. Parce13900290100860 68D3 Bishops Crossing Circle Mark D, a Jill C. Blazek 6803 Bishops Crossing Circle Dublin, DH 43416 39. Parce13900290101500 7602 Mill Springs Drive Xiangrong Zhang & Anbo Wang 7602 Mill Springs Drive Dublin, OH 43016 44. Parce13900290101660 6791 Burnside Lane Jerry T. &Cheryl E. Allen 6181 Burnside Lane Dublin, DH 43016 41. Parce13900290101670 6783 Burnside Lane Dominic F. & Rebecca A. Ciminilo 8783 Bumslde Lene Dublin, CH 43016 42. Parce13900290101880 6775 Burnside Lane George L. & Kyoko H. Grahovac 6775 Bumslde Lane Dublin, OH 43016 43. Parce13900290101690 8767 Burnside Lane Mark H. & Kathleen F. Cripe 6767 Burnside Lane Dublin, OH 43016 44, Parce13900290101700 6759 Bumslde Lane Ankur & Auna Gupta 6759 Bumsitle Lane Dublin, OH 43016 45. Parce13900290101710 6751 Burnside Lane Yuchun Mu & Yuanbo Wang 6751 Burnside Lane Dublin, DH 43016 46. Parce13900290101720 6743 Bumslde Lane Raymond T. &Lesley M. Cagan 6743 Burnside Lane Dublin, OH 43016 47. Parce13900290101730 6735 Bumsitle Lane Robert P. & Margaret M. Clawson 6735 Burnside lane Dublin, OH 43016 4B. Parce13900290101740 6727 Burnside Lane J, Bret & Julia T, Turley 6727 Burnside Lane Duglin, OH 43016 t916Si61:01731WW8 RECORD OF ORDINANCES 28 -16 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PRE - ANNEXATION AGREEMENT WITH PULTE HOMES OF OHIO, LLC DESCRIBING THE INTENTIONS OF THE PARTIES TO ANNEX CERTAIN REAL PROPERTY LOCATED IN JEROME TOWNSHIP WHEREAS, Pulte Homes of Ohio, LLC ("the Petitioner'l Is in contract to purchase certain real property located on the east side of Hyland -Croy Road, in ]erome Township (the "Property', being more fully described in the Union County Auditor's information attached as Exhibit "A" and Incorporated herein; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of the City of Dublin ("the Gty'l; and WHEREAS, the Petitioner seeks annexation of the Property to the City in order to obtain municipal services to support the Property; and WHEREAS, the City desires to accept the annexation of the Property. NOW, THEREFORE, BE IT ORDAINED by the Coun 'I of the City of Dublin, Franklin, Delaware and Union Counties, State of Ohio, of its elected members concurring, that: Section I. The City Manager is hereby authorized to execute a Pre - Annexation Agreement substantially similar to the Agreement attached hereto on behalf of the CIty stating the Intention of the parties regarding the annexation of the Property. Section 2. This Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to prepare and sign all other agreements and instruments and to take any other actions as may be necessary to implement this Ordinance. Section 3. This Ordinance shall take effect and be in force from and after the earliest dot ermittedd.by law�. //% P dthis�Yl�[daypf2016. ATTEST: 0-� a cep. Clerk of Council &. M� "MURANDUM 14(); Dublin City Council Dana. l,r, McDaniel, C "ity Manaf;cf� p,�, "'�, .. 1^�Rt:�M; lcnnifer I). IZeadler, Law Director [7A I'F;, August 1 6, 2010 CAP;. trdinance 28-10 - Pre-Annexation Agrecmei�t for Means!(irilfith parcels on lfyland -Croy Load (l'l7c Pulte Project} INTRODUCTION: l'ulte Cionres of Ohia, l.,lC' ( "l?ultc ") is in cantraet witli the property owners of ccrCain real property located an the cast side of l-Iyland -Cray road, in Jerome Township, which is more fully described in the Union County Auditor's information attached as Exhibit `'A," which is comprised of "approximately Sl acres ("the Property "). The Properly is not in the City of Dublin ( "the City") and does not have public water and sewer service, Tulle. through its attorney, Tom Hart, approached the City with its desire to annex the property to the Cily in order to t7htain municipal services. The City° and Tulle wish la cammenu�r� ►te their understanding of the terms of the annexation in the att� ►ched prcannexation agreement, prior to Pulte filing an annexation petition with the l.lnian ('aunty C'ammissioncrs lJl'1)AT�', �ftO1Vl COIJNfal, Qr1ESTl(�'.`�S AT �'I�ST R�AOCN(z. �t tl�e first reading of C)rdinancc �� -lb, we were asl�ed to prepare an estimate of the reparations payments that will be due Pram the City to �eramc 'Cawnship, which shall be reimbursed by f'ullc. 'These payments are required by the C)hio >�cvised C "ode (Section 7Ch�,19) in the event that Dt ►blm f ►les a boundary ad�ustnlent pet1tlon far ll]1S p ►'operty. f'ulte has 1 "ep1'eSCl1ted that the current plan would be to build 73 hanes, which would have an average value of $SdO,O00. The absarplian rate is projected to be ?0 homes per year, As discussed at the first reading af� this Ordinance, bath the Planning and toning ( "ommissian and t;'ity Cormcil will have the opportunity to review all rc��nung applications and the final decision an the �a►ling and land use is yet la come. Clowever, based on Jcrame'fownship's effective millage rate ��fU,d mills and floe projections provided by l'ulte, the estimated payments as follows. Total Pulte Property Agr¢ement Signed Reparations Annual Value inCY2016 Year Percentage Payment 11528,820 2017 1 80,0% $489.22 11528,820 2018 2 80.0% $469,22 1,646,615 2019 3 80.0% $2,44692 2D,323,308 2020 4 S2.S% $4,267.89 31,580,827 2021 S 52.5% $6,631,97 36,$00,000 2022 6 40.0% $$,840.00 36,500,000 2023 7 40.0% $5,840,00 36,SOO,ODO 2024 B 40,0% $5,840,00 361500,000 2025 9 40,0% $5,840,00 36,500,000 2026 10 ON $5,840.00 36,500,000 2027 11 21.5% $4,015.00 36,500,000 2028 12 27.5% $4,D15.00 If a boundary adjustment petition is filed and approved, the City will present an invoice to Pulte each year the payments are due. The actual payment will be based on the taxable land value. 'PERMS OF THE AGREEMENT: The key terms of the Agreement are as follows: 1. AnnexaHoo and Rezoning. Under the A�eement, the City agrees to accept the annexation, provided City Council approves the proposed rezoning that will be filed concurrently with the annexation petition. Pulte is proposing a aingl¢ family subdivision of approxunately 73 homes and 21 acres of open space. The Planning and Zoning Commission informally reviewed a conceptual development plan in May of 2015 and was generally supportive of the proposal. The Crossroads Area Plan recommends that this property b¢ used far single family residential development. Under the proposed concurrent review process, the Dublin Planning and Zoning Commission would review the rezoning application and make a recommendation to Council after the annexation petition has been filed with the Uruon County Commissioners, Council would then wnsider bath the rezoning application and the legislation accepting the annexation at the same Council meegngs. 2. Boundary Adjustment; Since the petition will be filed as a regular annexation ,the City, if desired, may change the underlying township designation from Jerome to Washington for purpos¢s of providing Washington Township fire and EMS services. The City may aceomplish tltis by filing a petition for a boundary adjustment, after the annexation is effective, which will result in the Property conforming to the Washington Township boundaries, ]f such an option is exercised, the City will make reparation payments to Jerome Township of a p¢rcentage of the Township taxes that would have been due to the 3 `hownship if, tl)e annexation had not takken place• 'l'his payn�ealt is rcyuired by the Ohio Revised (ode. Under the Agreement, I'ulte will compensate the City I`or all reparation payments naade to the Townshi }a. 30 Council Action: All of the obligations and commitments in the Agreement are subj• ect 10 Council approval Several different levels of review � "ill need. to be completed in order to bully effectuate the annexation, The following are the steps that tt�ust be taken to complete the aunexation� Dublin Cihr Council Consideration of Pre-Annexation Agreement 1)ablln Clay" COUt1C ►� Resolution of Statement of Services Union County i3aarci of Cammissianers Consideration of Annexation Petition I" Reading on August l �l� "`� Pending an August 22 Dublin Planning end Zoning Commission Review of rezoning i°e�ucst and rccommendatio►) to C�'ity Council Dublin City t�anncil Ordinance Accepting Annexation (ilapproved b }- •Union County) - 2 readings C)rdinancc on Rezoning l�cqucst - 2 readings Ordinance Authorizint; Filing of Boundary Adjustment Petition (if annexation <rpproved by Union County) —� readil)gs Union County Board of (; "ammissianers Consideration of Boundary Adjustment Petition CQN�:[,l1�ION AND I�UCON%M�;NI)A "PION: 'l'he I,aw Department ► °ecornmends approval oi' the l're- Annexation Agreement at the second readii7g on August 2�, ?01 f�• MEM(IRAN ➢%rIr `I "Cl: Dublin City Council � Dana I,, McDaniel, �'ity Mana , � �. [� ROM: Jennifer D. Readier, I,aw Director aA�r: August 4, 20IC RP: Ord, 28.16 - Pre-Annexation Agreement for MeanslCiriffith parcels on Hyland- CroyRoad (`hhe I'ulte Project,) 1NTR()Dl1CTZ()N; I'ulte 1 -Comes of Ohia, LLC ( "I'ulte'') is in cantract with the property owners of certain real property located an the east side ol'IJyland -Croy Road, in Jerome "C'ownship, which is more fully described in the [lnion County Auditor "s in %rmation attached as Exhibit ``�, " which is comprised of approximately 51 acres ("the I'ropefty "). `fhe Property is not in the City ol' Dublin ( "the Laity") and does not have public water and sewer service. I'ulte, through its attorney, Tom Hart, approached the City with its desire to annex the property to the City in order to obtain municipal services, The L'ity and I'ulte wish to commemorate their understanding of the terms of the annexation in the attached preannexation agreement, prior to Pulte Tiling an annexation petition with the Union County Commissioners, TERMS OF THE ACREEIbiENT: �'he key terms of the Agreement are as follows: I, Annexation anti Rezanin�: Under the Agreement, the City agrees to accept the annexation, provided City Council approves the proposed re�aning that will be tried concurrently with the annexation petition I'ulte is proposing a single family subdivision of approxunatcl}r 73 homes and 21 acres ol` open space, 'I�he Planning andloning Commission informally reviewed a conceptual development plan in May of 201 S and was generally supportiSc of the proposal, "I'he Crossroads Area flan recommends that this property be used Tor single family residential development. Under the proposed concurrent review process, the Dublin Planning and Zoning Commission would review the rezaning application and make a recommendation to Council after the annexation petition has been Iiled with the Union County Commissions. Council would then consider both the rezoning application and floe legislation accepting the annexation at the same Council meetings. Ord. 28.16 Pre - Annexation Agreement —The Pulte Proiect August 4, 2016 Page 2 2. Boundary Adjustment; Since the petition will be filed as a regular annexation, the City, if desired, may change the underlying township designation li"om Jerome to Washington for purposes of providing Washington Township fire and EMS services. The City may accornplish this by filing a petition for a boundary adjustment after the annexation is effective, which will result in the Property Uhl fo III ilag to the Washington Township boundaries, if such an option is exercised, the City will make reparation payments to Jerome 'Township of a percentage of the '1 "ownship taxes that would have been due to the 'Township if the annexation had .not taken place. This payment is required by the Ohio Revised ( "ode. Under the Agreement, Pulte will compensate the City for all reparation payments made to the'1`ow��ship. 3 Council Aetion; All of the obligations and commitments in the Agreement are subject to Council approval. TIMING; Several diff:erent levels of" review will need to be completed in order to fully effectuate the annexation. The following are the steps that must be taken to complete the annexation; Dublin City Council Consideration of "Pre- Annexation Agreement Dublin Clty CODUCII Resolution of Statement of Sel °vices Union C" "aunty Board of Commissioners Consideration of °Annexation :Petition 1'` Reading on August 1012 "� Reading on August 22 Dublin Planning and Zoning Commission Review of rezoning request and recommendation to City Council Dublin City Council Ordinance Accepting Annexation (il' approved by Union County) -- 2 readings Ordinance on Rezoning Request _. 2 readings Ordinance Authorizing filing of Boundary Adjustment Petition (if annexation approved by Union County) -� 2 readings CoNCILSION AND Rli✓CaMMrNDATION; The law llepartment recommends approval ofthe 1're- Annexation Agreement. This Pre- Annexation Agreement ("Agreement's is entered into on 023 am 2016, by and between Pulte Homes of Ohio, LLC, a Michigan Limited Liability Company C the Petitioner"), whose principal mailing address is 4900 Tuttle Crossing Blvd., Dublin, Ohio 43016, and the City of Dublin ( "Dublin "), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties'). RECITALS WHEREAS, the Petitioner is in contract with the property owners to purchase and develop certain real property located on the east side of Hyland -Croy Road, in Jerome Township (the "Property "), being more fully described in the Union County Auditor's information attached as Exhibit "A" and incorporated herein; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of Dublin; and WHEREAS, the Petitioner desires to annex the Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Arnexation: Dublin will accept the annexation of the Property, unless Dublin does not approve the rezoning application that will be filed concurrently with the annexation petition. in the event the rezoning is disapproved, Dublin agrees that it will not accept the annexation petition. 2. Boundary Adjustment: (a) In the event that Dublin elects to file a petition for a boundary adjustment after the acceptance of the Property by City Council, such action will practically result in the exclusion of the Property from Jerome Township jurisdiction. Currently, pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Jerome Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Years 1 through 3 80.0% Years 4 through 5 52.5% Years 6 through 10 40.0% Years I I through 12 27.5% After year 12 0% (b) If Dublin elects to pursue a Township boundary adjustment, the Petitioner and its successors and assigns hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Jerome Township. To that end, the Petitioner agrees to make a lump sum payment to Dublin upon the approval of the annexation by Dublin City Council in the amount of five thousand dollars ($5,000.00) as a deposit on the reparations payments that will be due to Jerome Township. (c) Dublin will deposit all monies received under this subsection in an Agency Fund maintained by Dublin for the purpose of making reparations payments to Jerome Township. In the event that Dublin does not elect to pursue a Township boundary adjustment, Dublin will reimburse the Petitioner or its successors or assigns for all monies received pursuant to this subsection. Additionally, should Dublin elect to pursue a Township boundary adjustment and should there be any excess funds after the expiration of the reparations period they shall be returned to the Petitioner. (d) The Petitioner and its successors and assigns agree to reiterate these requirements in any deed subsequently conveying the Property. The Petitioner and its successors and assigns also agree that they will reiterate these requirements in any zoning text in the event the Property is rezoned to a Dublin planned development classification. 3. Amendments: Given the uncertainties regarding the potential Property development rate, the Parties recognize the possible need to renegotiate the terms of this Agreement in the future. As a result, this Agreement may be amended, modified, or changed by a written agreement properly executed by Parties. 4. Indemnity: For a period of five (5) years from the execution of this Agreement, Petitioner agrees to indemnify, protect, defend, and hold harmless Dublin from and against all loss, liability, damage, actions, causes of action, or claims for injury, death, loss or damage of whatever nature to any person, property or business interest caused by or resulting from an act or . omission of Petitioner or its agents, employees, customers, servants, licensees, tenants, subtenants, guests or invitees in respect to the matters set forth in this Agreement, particularly the reparations outlined above, and from and against any and all costs, expenses or liabilities (including reasonable fees of attorneys, paralegals, experts, court reporters and others) incurred by Dublin in connection with any claim, action or proceeding in respect of any such loss, liability, damage, action, cause of action, or claim. 5. City Services: Dublin agrees it can and will supply water and sewer to the Property and that it has the necessary capacity in both its water and sanitary sewer lines to do so. Petitioner shall pay all applicable fees required to obtain such water and sewer services. 6. Hyland -Croy Right -of -Way. Petitioner agrees that it will dedicate any roadway within its control necessary for improvements to Hyland -Croy to Dublin at no cost should Dublin require it in the future. 7. Concurrent Review. Dublin agrees that Petitioner may file a rezoning application with the Dublin Planning Department, but no Planning and Zoning Commission hearing will be held until after the annexation petition has been filed with the Union County Commissioners. After the annexation petition is filed, such rezoning review shall be limited to Planning and Zoning Commission consideration only, until the consideration of annexation acceptance. City Council will consider the legislation authorizing the rezoning request only if the petition is approved by the Union County Commissioners, and after all Ohio Revised Code waiting periods have expired, and simultaneously with the ordinance accepting the annexation of the property. S. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. 9. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 10. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instrument given in connection with or pursuant to this Agreement shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, of the exercise of any right, power or privilege. 11. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 12. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the parties hereto. 13. Successors and Assigns. This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. 14. Captions. The captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to be construed as a part of this Agreement. 15. Covenants Run With the Land. It is intended that the covenants, easements, agreements, promises and duties set forth in this Agreement shall be construed as covenants which mn with the land. IN WITNESS WHEREOF, the undersigned have set its hand to duplicates hereof, on the day and year first above written. PULTE HOMES OF OHIO, LLC a Michigan limited liability company By: L--- Its: �; Y V zo- CITY OF DUBLIN an Ohio municipal corporation aria L. McDaniel Its: City Manager STATE OF OHIO COUNTY OF F,,^ SS //�' Before me a Notary Public personally coma �fl- � 1(4 �ai✓ on behalf of Pulte Homes of Ohio, a Michigan limited liability company, who acknowledged the foregoing Agreement as its voluntary act and deed. In Witness hereof I have hereunto subscribed my name and affixed my seal on this 2-G day of ,2016. i I KELLY J.BLYBI€ NO L%/! b = _ - 1MliAAYPaBIIC,Sa1E0A0Nla bhC = •',1rYCOAWLSS�.N EXaAE$MAY S,Mn F STATE OF OHIO COUNTY OF FRANKLIN: SS Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Dana L. McDaniel, its City Manager, who acknowledged the foregoing Agreement as his voluntary act and deed on behalf of the City. a p In Witness whereof I have hereunto subscribed my name and affixed my seal on this 99 day of SrPf+Jyn , 2016. !'27G�!t BN/J Notary Public IV '- Candace M. 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