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Home My WebLink AboutResolution 040-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 40 -17 Passed , 20 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 2.9 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, an Expedited Type II annexation petition for 2.9 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 April 26, 2017, by Aaron Underhill /David Hodge, Attorney /Agent for Petitioners, Walter Lee Shier, Mary Ann Sorden, Robert E. Shier and Mark A. Shier ("the Property'; 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 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 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, the Dublin Codified Ordinances requires that upon annexation, the annexed territory be automatically rezoned ID -4 (Research Mixed Use) District subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and WHEREAS, the territory proposed for annexation is surrounded on all sides by property in the City of Dublin. NOW, T REFORE BE IT RECOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City of Dublin adopts the following statement for the 2.9 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) the municipal zoning permits uses in the annexed territory that Dublin City Council 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 RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 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(x) of lev, ised Charter. Pas,A this P-61 da � .2017. 40 -17 Page 2of2 Passed .20 ATTEST: � Clerk of Council Ir�n,,,rn�nc Office of the City Manager � n Resolution 40 -17 5200 Emerald Parkway ° Dub6n, ON 43017.1090 Phone: 614 - 410 -4400 °Fax; 614 - 410.4490 emo To., Members of Dublin City Council Frump Dana L McDaniel, City Mana Datep May 4, 2017 initiated By, Jennifer D Readier, Law Director Paul Hammersmith, P.E., Director of Engineering/City Engineer Claudia Husak, AICP, Senior Planner Re; Resolution 39 -17 - Adopting a Statement of Services for a Proposed Annexation of 2,9 Acres, More or Less, from Washington Township, Franklin County to the City of Dublin, Ohio. (Petitioners: Walter Lee Shier, Mary Ann Sarden, Robert E. Shier and Mark A. Shier) Resolution 40 -17 - Adopting a Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 2,9 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 (Petitioners; Walter Lee Shier, Mary Ann Sorden, Robert E. Shier and Mark A. Shier) Summary On April 26, 2017, Aaron Underhill/David Hodge, Attorney/Agent for Petitioners, Walter Lee Shier, Mary Ann Sorden, Robert E. Shier and Mark A Shier, bled an annexation petition with the Franklin County Commissioners, The petition is for 2.9 acres, more or less, The petition was filed as an Expedited Type II annexation petition, Under this process the Clty must first, within ZO days after the petition is fled, adopt an ordinance or resolution relating to municipal services. Second, within ZO 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, Resolution Nos, 39 -17 and 40 -17 have been prepared for these purposes and for Council 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 ZS days of the petition being filed, If neither the municipality nor the township object, the commissioners must grant the proposed annexation without hearing, if certain criteria in R,C, 709023 have been established, This proposed annexation is for 2.9 acres, more or less, and includes no right�of -way, Memo re, Res, 39.17 and 40 -17 — Annexation of 2,9 Acres from Washington Township May 4, 2017 Page 2 Background Zoning and Community, Plan Upon annexation, properties are typically automatically zoned R. Rural District, under the Zoning Code of the City of Dublin, However, the site is located in the Innovation District, and pursuant to Cade Section 153,004(D) it will automatically be zoned to the appropriate Innovation District (ID- 4) per the adapted Economic Advancement Zone Plan, This would allow multifamily uses up to 10 units per acre as well as office, and research and development use, A rezoning application will neeA to be filed for any development outside of these parameters. Planning and Engineering staff' have been working with Kaufman Development on a proposal for a residential community, including 130 single-family units 202 multi - family units, community spaces, and amenities on 64 acres (including this site ). The proposal has been informally reviewed twice by the Planning and Zoning Commission and was generally viewed favorably. At their April 20, 2017 meeting, Commissioners encouraged the applicant to place an emphasis an sustainable development that is innovative and forward - thinking, in accordance with the intent of the District. The and staff will need to identify the appropriate zoning process in the future, Service Assessment City is working on an update to the West Innovation District as a significant amount of development activity has required the City Police Protection The Ciry of Dublin has fve police districts and deploys a minimum of hve cruisers per shift. The Property is located approximately 3,0 driving miles from the Justice Center, the Division of Pal!ce headquarters. The City of Dublin provides 24 -hour police and communications services and has mutual aid agreements with other jurisdictions, The Property will be fully served with these services at the same or similar level now being provided to other areas of the City. to take a coordinated approach to an update of the plan far the West Innovation District, including impacts on land use, development character, road infrastructure and other planning recommendations, The plan update was shared with City Cauncii at a work session in gctober of 2016 and was briefly reviewed at the Joint Ciry Council and Planning and Zoning Commission work session on April 17, 2017, This proposal is ahead of the planning work by the City, dire Protection and Emergency Medical Service (EMS) The Washington Township Fire Department provides fre protection to this area of Dublin. Dublin will ensure that the Property will be provided with fire protection and EMS services at the same or similar level now being provided to other areas of the Ciry by either Washington Township or a comparable f re and EMS department upon annexation, Solid Waste Collection The City of Dublin provides residential solid waste collection at no additional fee. The Property will be served with solid waste services at the same or similar level now being provided to other areas of the City. Memo re. Res. 39 -17 and 40 -17 — Annexation of 2,9 Acres from Washington Township May 4, 2017 Page 3 e Water Distribution The Property is located within the Exclusive Dublin Expansion Area of the Water Service Agreement with the City of Columbus, Service to the area will be provided by constructing new public mains that will connect into existing water mains located slang Casgray Road, r Sanitary Sewer (Wastewater) Collection The Properly is located within the Exclusive Dublin Expansion Area within the Sanitary Service Agreement with the City of Columbus, This site will be served by constructing a new sanitary sewer that wil{ extend westward to the site from existing mains that are located near the intersection of Eiterman Road and Shier Rings. Stormwater Management and Floodplain The siCe will be required to meet the requirement of the Dubiin Stormwater Management Code and the Ohio EPA, This will be met via the construction of new public storm sewer, storm structures and stormwater management features, such as wet panels, No existing fiaodplain exists on this site. Roadway Maintenance and Improvements A traffic impact study will be completed for this annexation area in conjunction with the City of Dublin rezoning process, The City of Dublin will work with the Frankiin County Engineer to implement recommendations of this study and determine financial contributions, Recommendation This Propert}r 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 39.17 regarding the Statement of Services and Resolution 4017 Regarding Incompatible Land Uses are recommended, Upon City Council's approvai, these approved Resolutions will be forwarded to the Frankiin Counfiy Commissioners far their required hearing. P� v� Dv� SITE WASHINGTON TOW SHI TRAFALGAR LN c z m y2o Qv �' LIMW-- 0 0 Annexation of Acres 0 250 500 Washington Township to o the City of Dublin MMMMMME� City of Dublin 7026 Shier Rings Road Feet Auun�fbr�hcPtddnnerx.�|odun/\oncxohonPr�iiionin�ho[)[Dccof\bcBonrdo[Cuoo�yCouxnis�ionum ofPnonk]inCnonty.()hio8uidPoCidonpn�xfo,onouuo1ionio�hcC�(yofDobUn,(}hin.o[2.9O�ucocxin [)uCod� ' made a part hereof. �TOF OCDNE0T8lS88R8BY�CK0O&I8DOBDT8|S --- .4 rt"d11K�1i1 Where Government Warks- Cammissianers Marilyn Brats +�, PraSiuent Paula gooks Icahn O'Grady Economic Development &Planning department "rimes Schim:ner, Ciretor Applica�i�n far Annexation Petition Property Information &te Address 7026 Shier -Rings Road, Dublin, Ohio 43016 Parcel ICjs) Total Acreage I 272 - 000134 � 2,9+1- -� ! From TowisNp Tc klunicipallrp �- Washington City of Dublin Property Owner Information Mama P Waiter L. Shier; Mary Ann Sorden, Robert E. Shier and Mark A. Shier Address 7026 Shier -Rings Road Dublin, Ohio 43016 l _. Prone # Fax # Email AttarneyfAgent Information Name Aaron L. Underhill, Esq., Underhill &Hodge LLC l Hdar�es 8000 Walton Parkway, Suite 260 -... I New Albany, Ohio 43054 Phone # 614,335.9320 Fa: <# I 614,335.9329 Emai i aaran @uhlawfirm.Uam Case # Hearing date. Date filed �� / Fee paid � Feceipt # Notifications deadline. 5tlays Svc statemank deadline 20 days Document Submission - The following doouments must accompany this application on letter-sized 8 Yz' x i1" paper Legal tlesoripkion of properly kvlaplplak of property 1,isk of adjacent properties Waiver of Right to App�ai WWOEVER SIGNS THIS PETITION EXPRESSLY WAIVES TWEIR RIGWT TO APPEAL. IN LAW OR EQUITY FROM TWE 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 j ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL. ANNEXATION PROCEDURE, Properly Dvmer ��,.,� � Date Property t�vner peke Property weer �� pate 1SQ South Front Street, F5� suite 10r Coiutnbus, OMc 43215 71C4 Tel; 6x4 -525 -3094 Fa>f: G14- 525 -;155 wwwFran' <IinCounty0hia,gcv Property Owner peke VVI'I7,IATF, WIT14', II PUTITIOi5� N�()1�:11ViiIrt,�.��T1()iv' SI',CTI(�N 7f19.0�� "I'U TII� C'I I "�' �I I)[1�LIlV OF ± 2,9 ACRES MORE Oil I,ESS IN TIII TQ��i�'SIICI' OI�''1�'ASIIINGmCUi1 TO THE BOARD ()F ('()BT'Y (M9M[SSI(:)ItilR OF FRANKLIN C'Of'NIN, 01II0: �C'he ttndersi;�ned. petitioners in th� I�ren�is��s, tta�il laein�, �11�L, OI IhII�; O1�'NII�� (�I� I�L�I� I.S I'ATF in the terrilttri herein<tfter deseribed. eottsistino oI'�-?.ta ages, tno�re or less. with it total I�e�'i�t�eter ha�tndai °y of L,��)(i feel,. ntt�t °� or Iess,itt the L'mtttshil� ttf ��`ashin��!lon,l�hieh Iaerii7teter is 100% ca»iiguotis with lhe ittGUtieillGtl boundary ctfllte City ol` I)ublin. do hereby lT(fLiCsl that said territory he annexed to the C'il� of Ih�hlin aeeordin�r to the str�tttles of the St4tte of (�)hio, and specilically the expedited procedure slteeilied in Ohio Revised (ocfe Seclia» 709.02). and That no island of uninC0n'porated arert will he created hv this annexation. A I11I1 and tteeurale description and plat of the rcquesled annexation territory are a(tae,hed hereto and made Dart herc'of. Lit sttpport of staid P�titiott, ytttir �etilioners State tltttt There at °e �yithin the territory try he annexed f)WNIRS OF REA, h:STAT�L ��aron L.. LJttrlerhill and I)avit�I I,. Ilodoe. whose address is 8OOQ GValton I'arhtiyav, quite 76O. New �1lhany, Ohio 4'O"4, are hereby tthpt>iltted AUnts 1'01111C undersi(I)ned L'etitioner(s), as recIuired by Seelion �0�,0? of the l)ltio I�ewised Code. Lrtclt oi'said agents litre hereby uxlividuall}- €uilhorized ttt lttahe an } a�ttendntent, �eletiott, and/al' suhplententation which in his absolute and complete diseretitttt is necessary or �rol�cr under the eire�unst�utees then e�;istirt�, and in partieulttr to do s��t in order to correct any discrepancy or mistake noted by the I�eIallarL' ('otult } Iin�aineet in Iris eKiltl1ti]ithOn o'f the �etttlolt ilnd�(°II" L�litl, �ald alttendlitent shall be nlacle by the prf'Sel']tatl(7Ct (lf alb amendcrl plat and description tit the L3�tar�l �thC "otulty Cortttttissiotters opt, hcl�ore. or aftLr thc date Set .for ltcttrin�,t on this I'��tition, "I'I�IS SPF1["ILL �.Nl�'li",XA�'ION 1'R(:)C'�;llI;IZF, �iLTHf)(iG�l A WI7I"l' OF IVIAIV7��1��iI!� �IAk' I3E SOIIC�HT TO C'Oi��I'�h,L 'I'}Ih, 130��I��1 T� I�E��ORi�I ITS IICI� "I��S IZh,(�IiII�I�D II]' Ia��W BUR SAID SI' �( "I:AL Ai`v'IS'EXATI01r I'�(l(iEUI1�E. '�>ttrtat� ASt�rrt�rutt�ras art �aflatrtn�r�xt�xe� ._ . P�t�eLofi ,4 84/17/2817 l2�49 6148738364 PCPL PAGE 83/86 NAME DATE ADDRESS � ' � t �11ct1 "1' r��C?l "t�tt1 , ADINUISS N DATF' AI)DRESS ------ ''-----'--- v � ' �� DATJ ADDRFSS rANNEXATION PLAT & DECRIPTION ACCEPTABLE DEAN C. RINGLE, P.E., PS. FRANKLIN COUNTY ENGINEER gyDate ANNEXATION DESCRIPTION 2.9 +/- ACRES FROM: WASHINGTON TOWNSHIP TO: CITY OF DUBLIN IWCEIWD M?R U 2 2017 Frankh County Eli W Dow C. RWa, PE, PS. Situated in the State of Ohio, County of Franklin, Township of Washington, located in Virginia Military Survey Number 6748, being all of the remainder of that 3.000 acre tract conveyed to Walter Lee Shier, Mary Ann Sorden, Robert E. Shier and Mark A. Shier by deeds of record in Official Record 34787716 and Instrument 200808190126446 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows: BEGINNING at the intersection of the northerly right -of -way line of Shier -Rings Road with the easterly line of said 3.000 acre tract, being the common corner of the remainder of said 3.000 acre tract, the remainder of that 64.219 acre tract conveyed to S.R. Associates by deed of record in Official Record 12935AOI, that 0.629 acre tract conveyed to City of Dublin, Ohio by deed of record in Instrument Number 201206220089839, and that 0.144 acre tract conveyed to City of Dublin, Ohio by deed of record in Instrument Number 201207060097096, being an angle point in the existing City of Dublin Corporation line as established by Ordinance Number 62 -02, of record in Instrument Number 200205290131857, and in the northerly City of Dublin Corporation line as established by Ordinance Number 12 -13, of record in Instrument Number 201305160081017; thence South 84° 26' 15" West, with the line common to the remainder of said 3.000 acre tract and said 0.144 acre tract, with said existing Corporation Line (12 -13), a distance of 250.00 feet to a point, being the common corner of the remainder of said 3.000 acre tract, said 0.144 acre tract, that 1.503 acre tract conveyed to City of Dublin, Ohio by deed of record in Instrument Number 201206220089839, and the remainder of said 64.219 acre tract; thence with said existing Corporation Line (62 -02), the line common to said 3.000 and 64.219 acre tracts, the following courses and distances: North 05° 34' 42" West, a distance of 497.70 feet to a point; North 84° 26' 15" East, a distance of 250.00 feet to a point; and South 05° 34' 42" East, a distance of 497.70 feet to the POINT OF BEGINNING, containing approximately 2.9 acres of land. THIS DESCRIPTION IS FOR ANNEXATION PURPOSES ONLY AND IS NOT TO BE USED FOR DEED TRANSFER. E O F '' ,: CAP ........... Oyu'; * HEATHER KING off`•. �S -8307 p� 0c� F64STER��'�F,� ss /OVAL HLK: icp 2_9 ac 20161547 -VS- ANNX- 01.dmx EVANS, MECHWART, HAMBLETON & TILTON, INC. 31z/7 Heather L. King Registered Surveyor No. 8307 PROPOSED ANNEXATION OF 2,9± ACRES TO CITY OF DUBLIN FROM WASHINGTON TOWNSHIP Iff ITA0 Cl!DVVVAiJQ VvPVT[Im flip, rr., V4, rAA,lKl,J,N,,)J/klL UT st j 1: e I JAP AND BANTROUND N4M', lu,ir; ,J�rj "rJO,jr �e lo NO, To KAL� 41 r > r. l7 x 72 r 72 r P +�R(�I;I. ��) L /IyI AA�Yi1[I�IWM„fl ADJAC f3e4ttriee I�rorran 7C)�3 Shier Ria�Uti Ro�rd ,Dublin, ()Ino X3()16 I'rapert� to be nncxed anti Adjacent erty Owners Walter L. Shier Mary A. Sorb l�obert E, ,Shier rind Mark A. Shier 7Q2b Shier Rine Road Dublin, (�)hio P,N: 272-0001 Nlieha��l 4tnd Sht�ron Rainse� G] 1 I h[��Ilidtiy Lane Dublin, Ohio X3016 430 [ma Mor�re � 70SS Shier Rin�,� R��ad C)ub11n, Oi110 X13016 ADJACENT T PARCELS: SR Associates 1ilLl Ashford Raa�P ! Dublin, C)hio X3017 I