HomeMy WebLinkAbout42-05 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 42-05 Passed ,20_
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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.
WHEREAS, a petition for an Expedited II method of annexation of 65.5 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 May 25,2005 by
Harrison W. Smith, Jr., agent for Petitioners Floyd and Joyce Miller, 5274 Cosgray
Road, Dublin, OH 43016; 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 ofthe 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 right-of-ways; 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 east and portions of the north, adjacent to the City of Columbus to the south, and
adjacent to unincorporated territory to the west and portions of the north.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, 7 of the elected members concurring that:
Section 1. The City of Dublin adopts the following statement for the 65.5 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
RECORD OF RESOLUTIONS
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Resolution No. 42-05 Passed Page 2 ,20
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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. This Resolution shall be effective immediately upon its passage as
provided under Section 4.04(a) of the Revised Charter.
Passed this UtI,. day of ~~ ,2005.
1
, ,
Mayor - Presiding Officer
ATTEST:
~(I~
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.