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HomeMy WebLinkAbout57-05 Resolution RECORD OF RESOLUTIONS Dayton Legal Blank, !~C,' Forfl1.t-.!o- _~OO4~__ 57-05 Resolution No. Passed .20_ A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 82.3 ACRES, MORE OR LESS, FROM JEROME TOWNSHIP, UNION COUNTY, TO THE CITY OF DUBLIN. WHEREAS, an Expedited Type II annexation petition for 82.3 acres, more or less, from Jerome Township, Union County, to the City of Dublin was filed in the offices of the Union County Commissioners on July 27, 2005 by Harrison W. Smith, Jr., Agent for Petitioners, Suburban Improvement of Columbus, Inc., and Cheistoff P. Steuerwald and Sandra Sue Steuerwald; 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 82.3 acres, more or less in Jerome Township, Union County, upon the annexation of the area to the City of Dublin, Ohio: Police. The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 5.6 driving miles from the Justice Center, the Division of Police headquarters. 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 and EMS. The City of Dublin will provide, cause to provide, or contract with Washington Township to provide fire protection and EMS services to this area of Dublin at the same or similar level now being provided to other areas of the City with similar land use and population. The closest Washington Township station is approximately 2.69 miles away at Brand Road. 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 McKitrick Road in the area of this annexation and will continue to do so at the same levels upon annexation of this property and will add maintenance along Jerome Road. 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 in this area to serve this property. The water distribution and sanitary sewer and wastewater collection will be RECORD OF RESOLUTIONS Dayton_~egal Blank, .Inc" Form_ ~o30045___ 57-05 Page 2 Resolution No. Passed .20_ available to this site within approximately five years. The remainder of the services will be available immediately 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 /5-fh day of ~ ,2005. 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. Office of the City Manager 5200 Emerald Parkway · Dublin, OH 43017 CITY OF DUBUN. Phone: 614-410-4400 . Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manag~5. ~ ~ Date: August 10, 2005 Initiated By: Paul A. Hammersmith, P.E., Director ofEngineeringlCity Engineer Daniel D. Bird, AICP, Director of Land Use and Long Range Planning ~ Gary P. Gunderrman, AICP Assistant Director of Land Use and Long Rang?F~ing Barbara A. Cox, P .E., Assistant Director of Engineering - Development ~~ Stephen J. Smith, Director Of~ Re: Resolution No. 57-05 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 82.3 acres, More or Less, from Jerome Township, Union County, to the City of Dublin, Ohio. Resolution No. 58-05 - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses And Zoning Buffer for a Proposed Annexation Of 82.3 Acres, More Or Less, from Jerome Township, Union County to the City Of Dublin, Ohio As Required By Section 709.023(C) Of The Ohio Revised Code. Summary Qn July 27, 2005, attorney/agent Harrison W. Smith Jr. filed an annexation petition, on behalf of ~uburban Improvement of Columbus, Inc., and CheistoffP. Steuerwald and Sandra Sue Steuerwald, with the Union County Commissioners. The petition is for 82.3 :i acres of land, located at the northwest comer of Jerome Road and McKitrick Road in Jerome 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. Under this process the City must first, within twenty days after the petition is filed, adopt an ordinance or resolution relating to municipal services. Second, within twenty 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. Resolutions Nos. 57-05 and 58-05 have been prepared for these purposes and for your consideration. The Union 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 days of the petition being filed, if certain criteria in R.C. 709.023 have been established. Memo to Members of City Council RE: Annexation of 82.3:1:: Acres on McKitrick and Jerome Roads August 10, 2005 Page 2 of3 This proposed annexation is for 82.3 :I:: acres including pieces of the rights-of-way of McKitrick and Jerome Roads extended past the frontage of the annexation. Background ZONING and COMMUNITY PLAN The current Jerome Township zoning classification for this property is U-I Rural District, which allows agricultural and single-family dwellings on a minimum one and half acre unsewered lot. Upon annexation, the property will be automatically zoned R, Rural, under the Zoning Code of the City of Dublin. This would allow fann operations and single-family dwellings on a minimum five-acre lot on this property. The Community Plan anticipated annexing this area by the year 2000. 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: undeveloped property to the north and west and existing large lot single family homes to the south and east. FUTURE DEVELOPMENT The City has been approached by an applicant regarding developing this property as part of a larger development that could contain commercial or some type of higher density residential development at the location of this annexation, although the overall density for the entire development will be considerably less. Until the City takes action on the annexation no land use planning for this area will be considered. The existing fannstead and out buildings will probably be demolished as new development takes place. 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 5.6 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. Previous annexations in this area have been removed from Jerome Township as they were annexed and then placed into Washington Township. This option is not available when property is annexed in an "Expedited Two" process. To account for fire and EMS service in this area the City is attempting to reach an agreement with the Jerome and Washington Townships for permitting Washington Township to provide primary service to this area. That agreement is Ordinance. 41-05, proposed for a second reading by City Council on August 15. Should the Ordinance not be executed then the city will provide or cause to be provided such services. 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. The closest station is approximately 2.69 miles away at Brand Road. . Memo to Members of City Council RE: Annexation of 82.3 :% Acres on McKitrick and Jerome Roads August 10, 2005 Page 3 of3 . 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 near the Tartan West subdivision at the comer of Hyland-Croy and McKitrick Roads. At a minimum, a 12-inch water main is needed along the southern side of McKitrick Road to serve this property. . SANITARY SEWER (WASTEWATER) 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 North Fork Indian Run trunk sewer. This trunk sewer is currently located in the Tartan West subdivision and will be accessible to the subject parcels just east of the intersection of Hyland-Croy and McKitrick Roads. This sewer will have to be extended to serve this site. . STORMW ATER MANAGEMENT AND FLOODPLAIN The property is relatively flat and drains both easterly and southerly. This property is located both inside and outside the watersheds as defined by the Stormwater Master Plan. The western portion of the site is located in the North Fork Indian Run watershed and the eastern portion is in an unstudied area. This property is located outside any FEMA designated floodplains. . ROADS AND STREETS The primary roads serving this acreage are McKitrick and Jerome Roads. McKitrick Road is classified as a scenic major arterial and is required to have 80 feet of right-of-way per the Thoroughfare Plan. Jerome Road is shown as a local roadway and should have 60 feet of right-of-way according to the Thoroughfare Plan. 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 defined 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 Union County Commissioners for their hearing on the annexation of the 82.3 :% acres. \ I , - . 'I I "TO. n - / ~ \.J . Suburban Improvement- 82.3 Acres ~/ ~ I Jp..jl' -:]. ~ \ ' " , .~, " , ~ ~-'/---. \:n -j1~ ~T\\ !' ~ 1\ .... r:----- Y "'\ I ,\ ~ I ~ l-f1 - n11 \1 J ~ _ \ ~ I ~ -\A ~ ~ ~ n '\ ~. \~ ~-~ ~ )- - ~~ ~ ':f--1 ONCOR..r- -- ---1 \ (") OWNS P ,.- - ---1 Q '-= -: ~= ::=' ~ 7l Ql ~ / ->-- = f'-.. r J - .- OME : - t-- I I J NSHIP -',i ---< F / t!;! 1 I 7// - - m \ \ \ \ =-1 TA TAl rIm" r-. ~ ~ ~- -= J - ~~ i~\ \ Y ~~ ~ '/ ~'~.~f ~ ~ ~r ~ ~ ~~ 0 \ -1-..<=,,,, nc:nR \ ~~~ \ \ - - N A FROM :MAYOR CHINNICI-ZUERCHER FAX NO. :6143360893 Aug. 10 2005 11:24AM P1 A-10-0S;10:50AM;Smlth ~no H~I~ ;f\14:J?14409 *' ~.. / 2 SMITH & HALE .'^F>I'tI~ON W. SMfTH H...I'l~ISON W. ~MTH. JR. I!!:N W. HAL~. .JR. A1'TORNEYS ",NO COUNS~LOFHI AT L.AW 1900-1978 JI:FFRE."Y ~. I5F<OWN 37 WE:5i BROAD STREE:T GLEN ,.. OUCllGECR _IACI\90N e. R1o:YNOLDS. III COLUMBUS, OHIO 43?1!!!.4\e~ NICI-iOLAI!i r;. C)lMO.LARIS C1AVlO L HOPC3E: AARON I.. UNDERHILL eI4/'Z~1-4a!!!!5 July 26, 2005 The Board of County Commissioners of Union County County Office Building 233 West Sixth Street Marysvllle, Ohio 43040 RE: 82.3 1: acres Annexation Petition from Jerome Township to tbe City of Dublin Dear Commissioners: I am filing a petition for annexation of 82.3 :t acres from Jerome Township to the City of Dublin on behalf of Suburban Improvement of Columbus Ine., Cheistoff P. Steuerwald and Sandra Sue Steuerwald on July 27,2005. I, on behalf of the petitioners, am requesti.ng consideration of the anneJr;.ation petition under Section 709.023 of the Ohio Revised Code, or as more commonly known, Expedited Type 2. There is 100% signature rate of property ownetS and all the requirements under the applicable s~clions of the Ohio Revised Code have been or will be satisfied by the dates required under the new law. I willfolWard to the Clerk the necessary documentation prior to your review and should there be any questions prior to our scheduled meeting, please give me a call. '" mR/jth t':d()(:$~11lIIlnex\2005\.Q1/)urbanimprovcmeaI4[euerwalCl-ll:t.3.br (1/U>/05) Jtb I 08/10/2005 WED 11:22 [TXlRX NO 5820] ~001 NOTICE OF FILING OF ANNEXATION PETITION TO: Anne Clark, Council Clerk City of Dublin 5200 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 27th day of July, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Union County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 82.3 acres, more or less, in Jerome Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated: 7/z~!05 ~t~ Agent for Petitioners RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS d.. 7fi) day of cYu/t ,20 0..5 . oo~ @ ~ U \YJ ~ill ~2!,~Q.b~!!JWu CLE '8 OFFICE I JUL 2 7 2005 CLERK Of COUNCIL CITY Of DUBUN - F:docsls&hannex\2005\clark-dublin-82.3.not (7/26/05) jth EXPEDITED TYPE II PETITION FOR ANNEXATION (SECfION 709.023) TO THE City of Dublin RECEIVED OF 82.3 ACRES MORE OR LESS IN THE TOWNSIllP(S) OF Jerome TO THE BOARD OF COUNTY COMMISSIONERS JUL 2 7 2005 OF Union COUNTY, OHIO: Union County Commissioners The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of 82.3 :t acres with a total perimeter boundary of 15.396' , more or less, in the Township(s) of Jerome which area is contiguous along 5.467' or 36% 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 three (3) OWNER(S) OF REAL ESTATE. Harrison W. Smith, Ir. 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 Union 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 TillS PETmON 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 SECfION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAYBE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS B frpS J7 uJ. &.J'7f. {wI" lZ!:'{4(.tO Su~rban Improv.;~ent. Columbus nc. <.{.~'S- (i<t~;;Q. 7 ~1~r;'iO'-t-;P 1/~j-- 9955/:.Sj/ul"", p.'.:JA,.6I,^, ()J~;C' >. Cheistoff . Steuerwald '/3(1! 1 r; I" '" r- ~ r .{' "I {>II}. 4~ })''' 1\ l/ !, ~ ,&1,:.1. /jt; I tuli" ~ f--$LL 1- 'j. C5 Sandra Sue Steuerwald LH5;-:> , .\f.1.:t-tlvrJ.}~\1i;V ~~..[I.tU"; vH.Lr~OI7 F:docs\s&hannex\2005\suburban.improv-dublin.pet (6/16/05) jIb ANNEXATION 82.3 ACRES TO: CITY OF DUBLIN FROM: JEROME TOWNSHIP SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, TOWNSHIP OF JEROME, VIRGINIA MILITARY SURVEY NUMBERS 2991, 2925, & 3014 AND BEING ALL OF THOSE TRACTS AS CONVEYED TO SUBURBAN IMPROVEMENT OF COLUMBUS INe. BY DEED OF RECORD IN OFFICIAL RECORD 575, PAGE 125, 57.325 ACRES (P.M. 137-00-00-005.000; P.A. 17-0014026.000) AND 5.002 ACRES (P.M. 137-00-00-035.000, P.A. 17-0014063.000), OFFICIAL RECORD 589, PAGE 56, 4.0 ACRES (P.M. 137-00-00-005.001, P.A. 17-0014026.100), CHEISTOFF P. AND SANDRA STEUERWALD, BY DEED OF RECORD IN OFFICIAL RECORD 509, PAGE 114,5.0 ACRES (P.M. 137-00-00-031.000, P.A. 17-0014027.000), AND A PORTION OF MCKITRICK ROAD AND JEROME ROAD (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO) AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY RESOLUTION NO. 71-02 AND OF RECORD IN COMMISSIONERS JOURNAL 44, PAGE 386, BEING AT THE NORTHWESTERLY CORNER OF THE SUBURBAN IMPROVEMENT OF COLUMBUS INC. 57.325 ACRES; THENCE EASTERLY, WITH SAID CORPORATION LINE, AND BEING THE NORTHERLY LINES OF SAID SUBURBAN IMPROVEMENT OF COLUMBUS INC. 57.325 AND 4.0 ACRES, AND SOUTHERLY LINES OF ANNA JAMES 27.2 ACRES, OFFICIAL RECORD 372, PAGE 219 AND JON C. SHOEMAKER 27.2 ACRES, OFFICIAL RECORD 372, PAGE 216, A DISTANCE OF APPROXIMATELY 2225 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY OF JEROME ROAD; THENCE NORTHERLY, WITH SAID WESTERLY RIGHT-OF-WAY LINE, AND PORTIONS OF SAID EXISTING CORPORATION LINE (71-02), A DISTANCE OF APPROXIMATELY 2741 FEET TO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE AND THE SOUTHERLY RIGHT -OF- WAY LINE OF BROCK ROAD; THENCE EASTERLY, ACROSS JEROME ROAD, A DISTANCE OF APPROXIMATELY 60 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID JEROME ROAD; THENCE WITH SAID EASTERL Y RIGHT-OF - WAY LINE OF JEROME ROAD, THE FOLLOWING COURSES: SOUTHERLY, A DISTANCE OF APPROXIMA TEL Y 1009 FEET TO A POINT; EASTERL Y, A DISTANCE OF APPROXIMA TEL Y 10 FEET TO A POINT; SOUTHERL Y, A DISTANCE OF APPROXIMA TEL Y 785 FEET TO A POINT; WESTERL Y, A DISTANCE OF APPROXIMA TEL Y 10 FEET TO A POINT; SOUTHERL Y, A DISTANCE OF APPROXIMA TEL Y 650 FEET TO A POINT; EASTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT; SOUTHERLY, A DISTANCE OF APPROXIMATELY 1288 FEET TO A POINT; WESTERL Y, A DISTANCE OF APPROXIMA TEL Y 10 FEET TO A POINT; SOUTHERLY, A DISTANCE OF APPROXIMATELY 519 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT-OF-WAY LINE; SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 1168 FEET TO A POINT IN THE UNION AND DELAWARE COUNTY LINE; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 50 FEET, WITH SAID COUNTY LINE, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF JEROME ROAD; THENCE NORTHWESTERLY, WITH SAID WESTERLY RIGHT-OF-WAY LINE OF JEROME ROAD, A DISTANCE OF APPROXIMATELY 1212 FEET TO THE INTERSECTION OF SAID ANNEXATION 82.3 ACRES -2- WESTERLY RIGHT-OF-WAY LINE AND THE SOUTHERLY RIGHT-OF-WAY LINE OF MCKITRICK ROAD; THENCE WESTERLY, WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF MCKITRICK ROAD AND WITH A PORTION OF THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE NO. 21-02 AND OF RECORD IN COMMISSIONERS JOURNAL 44, PAGE 238, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (71-02), A DISTANCE OF APPROXIMA TEL Y 2249 FEET TO A POINT; THENCE NORTHERLY, P ARTL Y WITH THE WESTERLY LINE OF SAID SUBURBAN IMPROVEMENT OF COLUMBUS INC. 5 ACRE AND 57.325 ACRE TRACTS, THE EAST LINE OF SANDRA JEAN KESTERSON AND GLENN J. HOFFMAN TRUSTEES, OFFICAL RECORD 519, PAGE 524, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (71-02), A DISTANCE OF APPROXIMATELY 1400 FEET TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 82.3 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS. I ART. HAMBLETON AND TILTON. INe. ",,"'"''~''''''''' .....,...' ~ E. F 0 ~"" d " ,,~.,......... 'X' ~ t,jJ ~ ::- 0 ,.' .... /. ", a........ 'fIj()5- f * /' JAMES .\~/.~ - M'- AMES M. PEARSALL DATE g 1 PEA'~S : ~ REGISTERED SURVEYOR NO. 7840 ; ~ :.. 784~LL; ff ~ . -? .. 9: . '::., %,..'~G/STE.~<(,.~..~a l "" SS............~~ ,-,- JMP:tl1wlJun05 """,rONAL S\l """, 82_3 ac annex 40278.doc IJIIIIlU\"\'\\