HomeMy WebLinkAbout41-05 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 41-05 Passed .20
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A RESOLUTION TO SET FORTH A ST ATEMENT OF
SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED
ANNEXATION OF 65.5 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 65.5 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 May 25,2005 by Harrison W.
Smith, Jr., Agent for Petitioners Floyd Miller and Joyce Miller, 5274 CosgrayRoad,
Dublin,OH 43016; and
WHEREAS, Section 709.023(C) 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 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, -4-- of the elected members concurring that:
Section 1. The City of Dublin will provide the following municipal services for
the 65.5 acres, more or less in Washington Township, Franklin County, upon the
annexation of the area to the City of Dublin, Ohio:
Police. The City will provide Police and communications service on a twenty-four
hour basis and also has mutual aid agreements with other municipalities. Dublin
operates with a minimum of five cruisers on duty. The annexation area lies
approximately five driving miles southwest of the Justice Center, Dublin's Police
headquarters. A response time of approximately ten minutes for an emergency
situation should be expected for this area.
Fire. A well-staffed fire department in Washington Township will provide fire and
emergency medical services protection. The City of Dublin is contracted with
Washington Township for emergency services. They, too, have mutual aid
agreements with other municipalities and townships. This annexation would not
change Fire Department jurisdictional boundaries, therefore, response times for fire
and emergency medical services will not be affected. Washington Township Fire
Station #91 is located approximately three miles northeast of the annexation area, and
normal response time should be approximately six minutes.
Solid Waste Collection. Residential refuse collection services are contracted by the
City and are currently provided at no additional charge.
Street Maintenance. The City's Streets and Utilities Division provides excellent
service in the area of street and road maintenance. The City currently maintains Cosgray
Road and Rings Road in the area of this annexation and will continue to do so at the
same levels upon annexation of this property.
RECORD OF RESOLUTIONS
---- Dayton Le8.<:l!_~_~nk, Inc., F9~f!1._No 30045 ____._ .__ _ - - ______n....'_.__. ____
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Resolution No. 41-05 Passed Page 2 .20_
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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 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 on the north side of
Rings Road to serve this property and will be available 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!.t..:th- day of r ,2005.
ATTEST
~C?--(1A~
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.
De
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
CITY OF DUBLIN_ Phone: 614-410-4400 . Fax: 614-410-4490
Memo
To: Members of City Council
From: Jane S. Brautigam, City Manager~~S. 0~
Date: June 1,2005 ~~
Initiated By: Paul A. Hammersmith, P .E., Director of Engineering/City Engineer
Barbara A. Cox, P.E., Assistant Director of Engineering - Development
Daniel D. Bird, FAICP Director of Land Use and Long Range Plannin~
Gary P. Gunderman, AICP Assistant Director of Land Use and Long Range PI~#
Re: A Resolution Adopting a Statement of Services for a Proposed Annexation of 65.5
Acres from Washington Township, Franklin County, to the City of Dublin, Ohio
(Applicant: Floyd and Joyce Miller)
A Resolution Adopting a Statement regarding possible Incompatible Land Uses and
Zoning Buffer for a Proposed Annexation of 65.5 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
This proposed annexation is for 65.5 acres including approximately 1.2 acres of right-of-way on Cosgray
Road. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide a
resolution stating what services the municipality will provide and a resolution 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. The following information is provided to support
the information contained within the two resolutions.
Background
ZONING and COMMUNITY PLAN
The current Washington Township zoning classification for this property is R-SR, Suburban Residential,
which allows single-family dwellings on a minimum two-acre lot. Upon annexation, the property will be
automatically zoned R, Rural, 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 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: CSX railroad and undeveloped property to the east, an MIl Homes residential
subdivision project in the City of Columbus to the south, and existing large lot single family homes to the
north and west.
Memo to Members of City Council
RE: Annexation of 65.5 Acres on Cosgray Road
June 1, 2005
Page 2 of3
FUTURE DEVELOPMENT
The City has been approached by an applicant regarding developing this property as medium density
residential (retirement community with clubhouse) with approximately two dwellings per acre within a
planned district. The existing home and outbuildings located at 5274 Cosgray Road are not included in the
area to be annexed.
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 4.9 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 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.
. 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 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 near Rings Road. Franklin County is planning on widening Cosgray Road to a divided four-
lane roadway. A 16-inch watermain is planned with the roadway work to the southern property line of the
Miller parcel to be annexed. This waterline will have to be extended to serve this property.
. SANITARY SEWER (W ASTEW A TER) 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 Upper Scioto West Subtrunk
sewer. This 36-inch sewer was installed to provide service to the Hayden Run area developments as a
cooperative project between the City of Columbus and the developers. This sewer will have to be
extended to this site and to the northwest edge of the property in order to provide service to adjacent
properties.
. STORMW ATER MANAGEMENT AND FLOODPLAIN
This property is located outside the watersheds as defined by the Stormwater Master Plan. The property is
relatively flat and drains both easterly and westerly. The east portion will drain into the recently installed
42-inch storm sewer that crosses the Homewood parcel to the east. The western portion drains across
Cosgray Road into the Faust County Ditch (top reach of the Hayden Run).
This property is located outside the FEMA designated floodplain for the Cosgray Creek.
Memo to Members of City Council
RE: Annexation of 65.5 Acres on Cosgray Road
June 1, 2005
Page 3 of3
. ROADS AND STREETS
The primary road serving this acreage is Cosgray Road, which is classified as a scenic minor arterial on
the Thoroughfare Plan. Cosgray Road is required to have 60 feet of right-of-way according to the
Thoroughfare Plan. If the City of Dublin plans to extend the four-lane divided roadway, additional right-
of-way will be needed from this property. 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 defmed in the water and sewer and 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 76.884 acres.
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MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
J. Corey Colombo
DATE: June 1, 2005
RE: Resolution Nos. 41-05 and 42-05
SUMMARY:
On May 25, 2005, attorney/agent Harrison W. Smith, Jr. filed an annexation petition, on
behalf of Floyd and Joyce Miller, with the Franklin County Commissioners. The petition is for
65.5 acres of land, located on 5274 Cosgray 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.
The "Expedited Two" annexation method has some timing requirements that are
extremely demanding on municipalities. First, within twenty (20) days after the petition is filed,
the municipality must adopt an ordinance or resolution relating to municipal services. Second,
within twenty (20) days after the petition is filed, the municipality 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 41-05 and 42-05 have been
prepared for these purposes and for your consideration.
The 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 (25) 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.
RECOMMENDATION:
Legal Staff recommends approval of Resolution Nos. 41-05 and 42-05
(H0555193.\ }
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NOTICE OF FILING OF ANNEXATION PETITION
TO: Anne Clark, Council Clerk
City of Dublin
6665 Emerald Parkway
Dublin, Ohio 43017
In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are
hereby notified that, on the 25th day of May, 2005, the undersigned, as Agent for the Petitioners,
filed an Annexation Petition in the office of the Board of County Commissioners of Franklin
County, Ohio.
Said Petition prays for annexation to the City of Dublin, Ohio, of 65.5 acres, more or less,
in Washington Township.
A copy of said Petition, with description and plat, is attached hereto and made a part
hereof.
Dated: 5 (Z!J(05
arrison W. Smith, Jr.
Agent for Petitioners
RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED
THIS ~.....J) fA day of -ma y ,20 1J~5 .
~)~)&d)~~1~
LERK'S OFFICE
F:docs\s&hannex\2005\clark-65.5.nol (5/23/05) jlh
PROPERTY OWNER ATTORNEY AREA COMMISSION
Floyd Miller & Joyce E. Miller Jackson B. Reynolds, III
5274 Cosgray Road Smith & Hale
Dublin, OH 43016 37 W. Broad Street, Suite 725
272-000020 Columbus, OH 43215
~uRROUNDING PROPERTY
OWNERS
Dennis E. & Carolyn L. Wuertz Patch Family LP, clo Betty S. Patch New York Central Lines LLC
6851 Weldon Road 6800 Rings Road 500 Water Street
Plain City, OH 43064 P.O. Box 156 Jacksonville, FL 32202
Amlin, OH 43002
272-000284 010-265638 010-265640
Mil Homes of Central Ohio, LLC Douglas R. Hoover, Jr. & Gerald & Patricia Bickhart
3 Easton Oval Cathleen M. Hoover 5175 Cosgray Road
Columbus, OH 43219 5153 Cosgray Road Dublin, OH 43016
010-265641 Dublin, OH 43016 272-000462
272-000461
John E. & Lillian Badurina Roger A. & Anne I. McBrayer Donald S. Weaston
5195 Cosgray Road 5213 Cosgray Road 5225 Cosgray Road
Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016
272-000463 272-000464 272-000465
lrvin E. & Cathie L. Briskey Bryan D. & Margaret F. Scott Bryan P. Monesi
37 Cosgray Road 5251 Cosgray Road 5308 Cosgray Road
Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016
272-000466 272-000467 272-000616
Rosaline Gosetto & Cosgray Road LLC
Alexis L. Gosetto Russell R. & Bernice D. Everman 6724 Perimeter Loop Road
4295 Braunton Road 5881 Hayden Run Road Suite 201
Columbus, OH 43220 Hilliard, OH 43026 Dublin, OH 43017
274-000026 274-000035 274-001004
F:docs\s&hlabels\2005\burnside-cosgray l.lbl
(5/23/05) jth
RECEPJED
MAV 25 '05 At110=06
EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023)
TO THE City of Dublin
OF 65.5 ACRES MORE OR LESS
IN THE TOWNSHIP(S) OF Washington
TO THE BOARD OF COUNTY COMMISSIONERS
OF Franklin COUNTY, OHIO:
The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF
REAL ESTATE in the territory hereinafter described, consisting of 65.5 acres with a total
perimeter boundary of 10.232' , more or less, in the Township of Washington which area
is contiguous along 2.476' or ~% and adjacent to the City of Dublin , do hereby pray
that 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
attached hereto and made part hereof.
In support of said Petition, your petitioners state that there is/are within the territory so
prayed to be annexed two (2) OWNER(S) OF REAL ESTATE.
Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 725, Columbus,
Ohio 43215, is hereby appointed Agent for the undersigned Petitioner(s), as required by Section
709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any amendment
and/or deletion which in his absolute and complete discretion is necessary or proper under the
circumstances then existing, and in particular to make such amendment in order to correct any
discrepancy or mistake noted by the Franklin County Engineer in his examination of the
Petition and Plat. Said amendment shall be made by the presentation of an amended plat and
description to the Board of County Commissioners on, before, or after the date set for hearing on
this Petition.
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 THE SPECIAL ANNEXATION
PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS
MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY
LAW FOR SAID SPECIAL ANNEXATION PROCEDURE.
NAME DATE ADDRESS
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F:docs\s&hannex\2005\dublin-miller65.5.pet (4/15/05) jth
ANNEXATION
65.5 ACRES
TO: CITY OF DUBLIN
FROM: TOWNSHIP OF WASHINGTON
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON,
LYING IN VIRGINIA MILITARY SURVEY NOS. 6953 AND 3453, BEING PART OF THE
ORIGINAL 64.12 ACRE TRACT (PARCEL I) AND ALL OF THE 8 1/3 ACRE TRACT (PARCEL II)
CONVEYED TO FLOYD AND JOYCE E. MILLER BY DEED OF RECORD IN INSTRUMENT
NUMBER 200411030253231, PART OF THE TRACT CONVEYED TO NEW YORK CENTRAL
LINES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART
OF THE RIGHT-OF-WAY OF COSGRA Y ROAD (ALL REFERENCES REFER TO THE RECORDS
OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS
ESTABLISHED BY ORDINANCE 63-02 OF RECORD IN INSTRUMENT NUMBER
200205290131862, BEING IN THE WESTERL Y RAILROAD RIGHT -OF - WAY LINE OF SAID NEW
YORK CENTRAL LINES LLC TRACT AT THE COMMON CORNER OF SAID ORIGINAL 64.12
AND 8 1/3 ACRE TRACTS;
THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND
ACROSS SAID NEW YORK CENTRAL LINES LLC TRl\CT, A DISTANCE OF APPROXIMA TEL Y
79 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS
ESTABLISHED BY ORDINANCE 89-90 OF RECORD IN OFFICIAL RECORD 16039A18 AND IN
THE EASTERL Y LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT;
THENCE SOUTHEASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (89-90) AND
THE EASTERLY RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT, A
DISTANCE OF APPROXIMATELY 1220 FEET, TO A POINT IN THE EXISTING CITY OF
COLUMBUS CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 1533-02 OF
RECORD IN INSTRUMENT NUMBER 200212260331528;
THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1553-02),
ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT AND WITH THE SOUTHERLY LINE
OF SAID 8 1/3 ACRE TRACT, A DISTANCE OF APPROXIMATELY 751 FEET, TO A POINT IN
THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT;
THENCE SOUTHERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND
THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF
APPROXIMA TEL Y 222 FEET, TO A POINT;
THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND
THE SOUTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, AND ACROSS SAID
COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 2238 FEET, TO A POINT IN THE
WESTERL Y RIGHT -OF - WAY LINE OF SAID COSGRA Y ROAD;
THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY
ROAD, A DISTANCE OF APPROXIMA TEL Y 216 FEET, TO A POINT;
~
ANNEXATION
65.5 ACRES
-2-
THENCE WESTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF
APPROXIMATELY 70 FEET, TO A POINT;
THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY
ROAD, A DISTANCE OF APPROXIMA TEL Y 1113 FEET, TO A POINT;
THENCE EASTERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY
ROAD, A DISTANCE OF APPROXIMA TEL Y 10 FEET, TO A POINT;
THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY
ROAD, A DISTANCE OF APPROXIMA TEL Y 737 FEET, TO A POINT;
THENCE EASTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF
APPROXIMA TEL Y 60 FEET, TO A POINT;
THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY
ROAD, A DISTANCE OF APPROXIMA TEL Y 733 FEET, TO A POINT;
THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY
ROAD, A DISTANCE OF APPROXIMA TEL Y 106 FEET, TO A POINT;
THENCE EASTERLY, WITH THE SOUTHERL Y LINE OF A 11.001 ACRE TRACT CONVEYED
TO FLOYD MILLER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER
200504210074844, A DISTANCE OF APPROXIMA TEL Y 1061 FEET, TO A POINT;
THENCE NORTHERLY, WITH THE EASTERLY LINE OF SAID 11.001 ACRE TRACT, A
DISTANCE OF APPROXIMATELY 439 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN
CORPORATION LINE (63-02);
THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND THE
NORTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF
APPROXIMA TEL Y 1177 FEET, TO THE POINT OF BEGINNING AND CONTAINING
APPROXIMA TEL Y 65.5 ACRES OF LAND, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED
FOR DEED TRANSFER.
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PROPOSED ANNEXA nON OF 65.5::t ACRES TO THE CITY OF DUBLIN
FROM WASHINGTON TOWNSHIp, FRANKLIN COUNTY, OHIO
VIRGINIA MiLl TAR Y SUR VEY NO. 6953 AND NO. 3453
TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY, OHIO
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