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HomeMy WebLinkAboutResolution 052-19RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 52-19 Passed , 20- A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 1.1,0 ACRES, MORE OR LESS, FROM �i[/ASF-IINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE (PIETITIONER MC SHIER RINGS LLC). WHEREAS, an E,,Xpedited Type II annexation petition for 11.0 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 September 11, 2019) by Jackson B. Reynolds, 191, Attorney/Agent for Petitioner, MC Shier Rings LLC ("the Property"); and WHEREAS, the Fxpoldited 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 rust adopt a 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 CJode or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for armexation is currently subject to township zoning pursuant to Chapter 510 of the Ohio Revised Code; and WHEREAS, pursuant to Section -/09.023(C) of the Ohio Revised Code, this resolution rust state that should (a) the territory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning pewfiits uses in the annexed territory that the municipal corporation deto rmines 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, than the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the anne;ced 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 1'09.023(C) of the Ohio revised Code, "buff .r" 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 Dubli;� Codified Ordinances requires that upon annexation, the annexed territory b,�) automatically rezoned R, Rural District. NOW, THEREFO BE �'Ir RESOL\/ED 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 11.0 acres, more or less, in Washington Township, 1- ranklin 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 RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. Passed , 20 City Council determines are. dearly 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. his resolution shall fiFective immediately upon its passage as provided under Section 4.04( o the Devised Charter Pas e this f4 da of , 2019. Wiybr - Presidi office ArEST: Lv" Clerk of Council Office of the City Manager 5200 7City of Dublin Phone: 614-1410-4 0 • Fax:hlin614--410-4490 1090 Mem o To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 17, 2019 Initiated Jennifer D. Readler, Law Director By: Paul Hammersmith, P.E., Director of Engineering/City Engineer Claudia Husak, AICP, Senior Planner Re: Resolution 51-19 - Adopting a Statement of Services for a Proposed Annexation of 11.0 Acres, More or Less, from Washington Township, Franklin County, to the City of Dublin (Petitioner: MC Shier Rings LLC) Resolution 52-19 - Adopting a Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Expedited II Annexation of 11.0 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 (Petitioner: MC Shier Rings LLC) Summary On September 11, 2019, Jackson B. Reynolds, III, Attorney/Agent for Petitioner, MC Shier Rings LLC, filed an annexation petition with the Franklin County Commissioners. The petition is for 11 acres, more or less. The petition was filed as an Expedited Type II annexation petition. Under this process the City must first, within twenty days after the petition is filed, adopt a resolution relating to municipal services. Second, within twenty days after the petition is filed, the City must adopt a 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. 51-19 and 52-19 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 objects 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 hearing, if certain criteria in R.C. 709.023 have been established. Memo re. Annexation of 11.0 acres — MMC Shier Rings LLC September 17, 2019 Page 2 Background Zoning and Community Plan The site will be zoned R, Rural District, upon annexation pursuant to Zoning Code Section 153.015(D). The Future Land Use Map in the Community Plan depicts the recommended future land use of the site as Mixed Residential -Low Density, which is a designation for residential neighborhoods that may incorporate a variety of single- and multiple -family dwellings, generally in larger projects intended to provide a mix of housing options and transition from existing single-family neighborhoods at a typical density of 3.0 du/ac. Staff has been engaged with the applicant in early discussions regarding the intent of pursuing a rezoning to PUD, Planned Unit Development District, for a single-family development targeted toward empty -nesters. Service Assessment Police Protection The City of Dublin has five police districts and deploys a minimum of five cruisers per shift. The Property is located approximately 3.1 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides twenty- four 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. • Fire Protection and Emergency Medical Service (EMS) The Washington Township Fire Department currently provides fire protection to this area of Dublin. Washington Township will continue to provide fire protection and EMS services to the Property 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. • Water Distribution The Property is located within the Exclusive Dublin Expansion Area of the Water Service Agreement with the City of Columbus. A 16 -inch water main is located adjacent to the Property along the eastern edge of Cosgray Road, which will provide service to the annexation area. • Sanitary Sewer (Wastewater) Collection The Property is located within the Exclusive Dublin Expansion Area within the Sanitary Service Agreement with the City of Columbus. The Property is located Memo re. Annexation of 11.0 acres — MMC Shier Rings LLC September 17, 2019 Page 3 within the tributary area of the Cosgray trunk sewer. An 8 -inch line is located adjacent to the Property to the south, which will provide service to the annexation area. • Stormwater Management and Floodplain The Property is located in the Cosgray Creek watershed as defined by the Stormwater Master Plan. The Property generally slopes from west to east. A drainage system currently exists along the east side of Cosgray Road and the southern side of Shier -Rings Road. With the development of the Property, additional drainage infrastructure will be needed to meet the water quality and water quantity requirements of Chapter 53: Stormwater Management and Stream Protection Code and the Ohio EPA. • Roadway Maintenance and Improvements Access to the Property is from Shier -Rings Road. Shier -Rings Road will be maintained to the same degree and extent as other roadways are maintained in areas with similar land use population. 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 51-19 regarding the Statement of Services and Resolution 52-19 Regarding Incompatible Land Uses is recommended. After City Council action, these Resolutions will be forwarded to the Franklin County Commissioners for their required hearing.