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Home My WebLink About14-06 Resolution RECORD OF RESOLUTIONS --.---- __~t!~~ _L~g.al ~~~ Inc., Form NQ. 3~Q.~~_______ ------ --.. -------------- ..._"'-~._--------- -- ------ - --.-------- -- -----.--------.-- ---- - -'" 14-06 Resolution No, Passed ,20_ - -.--.---- -----------.- -------.--- ------------..-- -- _____.___.. _n.____.__ -..--.--.--- ----.-------.- A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 95.0 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 (JJK COSGRAY LLC - RINGS ROAD - CASE NO. 05-193ANNEX). WHEREAS, a petition for an Expedited II method of annexation of 95.0 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 January 24, 2006 by Harrison W. Smith, Jr., agent for Petitioner Jonathan E. Kass, Manager, JJK Cosgray LLC, 150 E. Broad Street, Suite 800, Columbus, Ohio 43215; 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, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed territory 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 territory proposed for annexation is adjacent to the City of Dublin to the north, adjacent areas to the west and east are unincorporated Washington Township and areas to the south are pending annexation to the city at this time. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 'f of the elected members concurring that: Section 1. The City of Dublin adopts the following statement for the 95.0 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 RECORD OF RESOLUTIONS - ----------.--- _ _ ~~~~Legal BI~~~_!!~..c.". F_orr12~o-.:. ~Q9.i~_____________ ------.--- - - - -------.--.-----.- --- - - ------- ---- -- 14-06 Page 2 Resolution No, Passed .20_ --.------.----- ----..------------ - ---.------.--- -- ------ - --- -------.-------- -- -----------.------ - -- -- -- ------ ----- ------- --.-..-------- - -- ---- -- permi ts 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, III the zomng 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 adj acent 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 &b day ok+eh y UCU'--:J~ ,2006. ~#~A' IJ f et..Mayor - Pres' ng Officer ATTEST: ~C!-~_ 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 Revised Code. Dep Office of the City Manager CITY OF DUBLIN. 5200 Emerald Parkway · Dublin, OH 43017 Memo Phone: 614-410-4400. Fax: 614-410-4490 To: Members of City Council From: Jane S. Brautigam, City Managef..T~.::5. 0~ Date: February 2,2006 Initiated By: Paul A. Hammersmith, P.E., Director of EngineeringlCity Engineer Daniel D. Bird, F AICP, Director of Land Use and Long Range Planning J2dJ3 Gary P. Gunderman, AICP Assistant Director of Land Use and Long Ran?~ing Barbara A. Cox, P.E., Assistant Director of Engineering - DevelopmentiO''1- Stephen J. Smith, Director of Law 5J5 Re: Resolution 13-06 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 95.0 Acres, more or less, from Washington Township, Franklin County, to the City of Dublin, Ohio. Resolution 14-06 - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 95.0 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. Summary On January 24,2006, attorney/agent Harrison W. Smith Jr. filed an annexation petition on behalf of petitioner Jonathan E. Kass, Manager, JlK Cosgray LLC. The petition is for 95.0 acres more or less of land, located along the north side of Rings Road between Cosgray and Houchard Roads in Washington Township. The petition was filed pursuant to R.C. 709.023, the "Expedited Two" annexation method. Under this process the City must first adopt an ordinance or resolution relating to municipal services within twenty days after the petition is filed. Second, within twenty days 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 13-06 and 14-06 have been prepared for these purposes and for your consideration. The Franklin County Commissioners will grant the proposed annexation, without a hearing, if neither the municipality nor the township object to the annexation by ordinance or resolution Memo to City Council Re: Resolutions 13-06 and 14-06 February 2, 2006 - Page 2 within twenty-five days of the petition being filed. If neither the municipality nor the township objects, 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 95.0 acres more or less, including pieces of the right-of-way of 7.298 acres on Rings and Cosgray Roads. This annexation will fill in a gap between two pending annexations to the north and south of this site. Background ZONING AND COMMUNITY PLAN The current Washington Township zoning classification for this property is R-SRR Semi-Rural Residential District, which allows agricultural and single-family dwellings on a minimum of five acres. Upon annexation, the property will be automatically zoned R-Rural District, under the Zoning Code of the City of Dublin. This would allow farm operations and single-family dwellings on a minimum five-acre lot on this property. The Community Plan anticipated this area would not be annexed until 2010. The adopted Future Land Use Map calls for medium density residential, one to two dwelling units per acre for the entire tract. The existing adjacent properties include: largely undeveloped property to the north, west, and south, and scattered housing and a mobile home park to the east with some adjacent areas to the east developed in the Amlin area. FUTURE DEVELOPMENT Part of this area was shown on the plan presented by the Edwards Land Company showed Single Family Residential in this area. Until the City takes action on the annexation, no land use planning for this area will be considered. The site is currently vacant. SERVICE ASSESSMENT . POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.98 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 ofthe 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 3.4 miles away on Shier-Rings Road. The annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the City with similar land use and population. Memo to City Council Re: Resolutions 13-06 and 14-06 February 2, 2006 - Page 3 . SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. If the property develops as a commercial use, a hired collection service will be necessary for solid waste removal. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas ofthe City. . WATER DISTRIBUTION These properties are located within the exclusive annexation area of the Water Service Agreement with City of Columbus. Currently, the nearest public water in the City of Dublin is located within the Ballantrae subdivision along Rings Road. A waterline will have to be extended to serve this property. . SANITARY SEWER (W ASTEW ATER) COLLECTION The properties are located within the exclusive annexation area within the Sanitary Service - Agreement with City of Columbus. These properties are located within the tributary area the Upper Scioto West Subtrunk: sewer. Sewer will have to be extended to serve this site. . STORMW ATER MANAGEMENT AND FLOODPLAIN These properties are located outside the watersheds as defined by the Stormwater Master Plan. These properties generally drain to the south and east. The Hayden Run provides the drainage outlet. This property does not contain FEMA designated floodplain. . ROADS AND STREETS The primary roads serving this acreage are Cosgray, Rings and Houchard Roads, which are all classified as scenic roadways on the Thoroughfare Plan. Cosgray Road is classified as a major arterial and is required to have 100 feet of right-of-way according to the Thoroughfare Plan. Houchard and Cosgray Roads are classified as collector roads and are required to have 70 feet of right-of-way. The adopted Thoroughfare Plan shows new portions of Cosgray Road within these properties. Accommodations for right-of-way dedications will be expected. Any new roads or streets dedicated to the City, as a result of the proposed development, would be maintained to the same degree and extent that these public facilities are maintained in areas with similar land use and population. Recommendation: This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the Water and Sewer Agreements with the City of Columbus. Staff recommends approval of the resolutions regarding the Statement of Services and Possible Incompatible Land Uses. Upon City Council's approval, these resolutions will be forwarded to the Franklin County Commissioners for their consideration ofthe annexation of the 95.0 acres, more or less. ~~- PROPERTY OWNER ATIORNEY JJK Cosgray LLC Jackson B. Reynolds, III 150 East Broad Street, Suite 800 Smith & Hale Columbus, OH 43215 37 W. Broad Street, Suite 725 272-000053 Columbus, OH 43215 fRROUNDING PROPERTY ,VNERS David H. Gease Robert A. & Lynda K. Duhl Grace Jenkins 5713 Cosgray Road 7100 Rings Road 5570 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000019 272-000022 272-000073 Johnny Meade & Amlin United Methodist Church David W. Patch, Jr. Clara J. Meade 5440 Cosgray Road P.O. Box 156 5428 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Amlin, OH 43002 272-000079 272-000106 272-000114 Ronald G. & Beverly J. Wilcox Freda Whitmer Florence Wuertz, Tr. P.O. Box 57 8500 Carters Mill Road 7495 Rings Road Amlin, OH 43002 Plain City, OH 43064 Dublin, OH 43016 272-000129 272-000153 272-000159 Washington Township Dorian R. Legg Conrad & Nina Jones lard of Trustees 5510 Cosgray Road 5524 Cosgray Road 65 Wilcox Place, Suite B Iblin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000162 272-000186 272-000275 Sharon Gilliam Francisco LLC Jack L. & Helen M. Culp P.O. Box 72 1600 Fishinger Road 7188 Rings Road Amlin, OH 43002 Columbus, OH 43221 Dublin, OH 43016 272-000323 272-000333 272-000338 Margaret A. Haney David G. Smith Jeffrey D. Bryner 7590 Rings Road 5456 Cosgray Road 7393 Rings Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000340 272-000377 272-000404 John & Sherri Rister John J. Francisco, Jr. Edwards Golf Communities 3449 Lacon Road P.O. Box 20434 495 South High Street Hilliard, OH 43026 Columbus, OH 43220-0434 Columbus, OH 43215 272-000615 272-000158 274-000304