HomeMy WebLinkAbout68-05 Resolution
RECORD OF RESOLUTIONS
Dayto.n _Legal~I<1_~k, Inc:, Form.t\J9...: 30045
68-05
Resolution No, Passed ,20_
A RESOLUTION ADOPTING A STATEMENT
REGARDING POSSIBLE INCOMPATIBLE LAND USES
AND ZONING BUFFER FOR A PROPOSED
ANNEXATION OF 71.3 ACRES, MORE OR LESS, FROM
WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO
THE CITY OF DUBLIN, OHIO AS REQUIRED BY
''''0-. .", SECTION 709.023(C) OF THE OHIO REVISED CODE.
WHEREAS, a petition for an Expedited II method of annexation of 71.3 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 October 4, 2005 by
Harrison W. Smith, Jr., agent for Petitioners Jay W. Liggett, 6315 Meaghan Drive,
Dublin, Ohio 43016; Charles W. Buck, 5595 Brickstone Place, Hilliard, Ohio 43026;
and Steven A. Buck, 5176 Cosgray Road, Amlin, Ohio 43002; 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 and west, and a portion to the south and east are unincorporated territory.
..," 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 71.3 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
RECORD OF RESOLUTIONS
Dayton Lega! B_la_~~_,_!0c~, Form No. 30045
Resolution No, 68-05 Page 2
Passed ,20
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, 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 /7fA. day of OC:1oh~ ,2005.
L
Mayor - Presiding Officer
ATTEST:
~ (l ~
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 Memo
em OF DUBLIN_ Phone: 614-410-4400. Fax: 614-410-4490
To: Members of City Council
From: Jane S. Brautigam, City ManagerV~ S .()~~~
Date: October 12, 2005 ~
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer j'
Daniel D. Bird, FAlCP, Director of Land Use and Long Range Plannin,_
Gary P. Gunderman, AlCP Assistant Director of Land Use and Lon
Planning
Barbara A. Cox, P.E., Assistant Director of Engineering - DevelopmentQl..>>7-
Stephen J. Smith, Director of Law ~
Re: Resolution No. 67-05 - A Resolution Adopting a Statement of Services
for a Proposed Annexation of 71.3 acres, More or Less, from
Washington Township, Franklin County, to the City of Dublin, Ohio.
Resolution No. 68-05 - A Resolution Adopting A Statement Regarding
Possible Incompatible Land Uses And Zoning Buffer for a Proposed
Annexation Of 71.3 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 October 4, 2005, attorney/agent Harrison W. Smith Jr. filed an annexation petition, on behalf
of Petitioners Jay W. Liggett, and Steven A and Charles W. Buck with the Franklin County
Commissioners. The petition is for 71.3 :i:: acres of land, located on the west side of Cosgray
Road 1167 feet south of Shier Rings 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.
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
zomng. Resolutions Nos. 67-05 and 68-05 have been prepared for these purposes and for your
consideration.
Memo to Members of City Council
RE: Annexation of 71.3 +/- Acres -Liggett/Buck
August 10, 2005
Page20f3
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
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 a hearing, if certain
criteria in R.C. 709.023 have been established.
This proposed annexation is for 71.3 ::I:: acres including pieces of the right-of-way of Cosgray
Road extended past the frontage of the annexation.
Background
ZONING and COMMUNITY PLAN
The current Washington Township zoning classification for this property is R-SR Suburban
Residential District and R-SRR Semi-Rural Residential District, which allows agricultural and
single-family dwellings on a minimum of 2 acres and 5 acres respectively. 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 20 10. 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
This area was shown on the plan that was presented by the Edwards Land Co. which 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 existing farmstead and out buildings will probably
be demolished as new development takes place.
SER VICE ASSESSMENT
. POLICE PROTECTION
The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject
annexation is located approximately 3.25 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 2 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 Members of City Council
RE: Annexation of 71.3 +/- Acres -Liggett/Buck
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
within the Ballantrae subdivision across Cosgray Road. A 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 both
the Cramer Trunk Sewer (east side of the railroad) and the Upper Scioto West Subtrunk sewer
(west side of the railroad). Sewer will have to be extended to serve this site.
. STORMW A TER MANAGEMENT AND FLOODPLAIN
This property is located both inside and outside watersheds as defined by the Stormwater Master
Plan. The portion of the property east of the railroad tracks drains to both the Cosgray Creek and
the South Fork of Indian Run. The property in this area drains to the north and to the east. The
western portion (on the west side of the railroad tracks) drains to the west and south towards the
Hayden Run.
This property is located outside the FEMA designated floodplain for the Cosgray Creek and
South Fork of Indian Run.
. ROADS AND STREETS
The primary road serving this acreage is Cosgray Road, which is classified as a scenic major
arterial on the Thoroughfare Plan. Cosgray Road is required to have 100 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 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 71.3 :l: acres.
NOTICE OF FILING OF ANNEXATION PETITION
TO: Anne Clarke, 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 4th day of October, 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 71.3 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: to/;} /0>
Harrison W. Smith, Jr.
Agent for Petitioners
RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED
THIS 41 '" day of 0 rr:r 0 b G y- ,20 ~.
~a ~
CLERK'S OFFICE
F:docs\s&hannex\2005\clarke-liggell,not (10/3/05) jth
OCT 4 '05 A1'\ 'j:5f;
EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023)
TO THE City of Dublin
OF 71.3 ACRES MORE OR LESS
IN THE TO\VNSHIP(S) OF Washington
TO THE BOARD OF COUNTY COMMISSIONERS
OF F'rrlnklin COUNTY, OHIO:
The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF
REAL EST A TE in the territory hereinafter described, consisting of 71 3 acres with a total
perimeter boundary of 9.969 " more or less, in the Township(s) of Washington
which area is contiguous along 2068 I or 21 % 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, k 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 LA W OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS'
ENTR Y OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION
PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS
MA Y BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY
LA \V FOR SAID SPECIAL ANNEXATION PROCEDURE.
NAME DATE ADDRESS
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Steven A. Buck, Trustee . J ((u-) (./':
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Charles Buck, Trustee /
Page of
ANNEXATION
71.3+/- ACRES
TO: CITY OF DUBLIN
FROM: TOWNSHIP OF WASHINGTON
SITUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON,
VIRGINIA MILITARY SURVEY NUMBER 6953, BEING ALL OF THE 28.10 ACRE TRACT
CONVEYED AS TRACT I, THE 4.07 ACRE TRACT CONVEYED AS TRACT II, AND THE 32.44
ACRE TRACT CONVEYED AS TRACT III TO JAY W. LIGGETT, TRUSTEE (3/4 INTEREST) BY
DEEDS OF RECORD IN INSTRUMENT NUMBERS 200101260016924 AND 200108090183754, AND
TO MARIANNA AND CHARLES W" CO-TRUSTEES AND CHARLES WILLIAM AND STEVEN A.
BUCK, ALTERNATE SUCCESSOR TRUSTEES (1-4 INTEREST), PART OF THE 120.07 ACRE TRACT
CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT NUMBER
200212180325201, AND PART OF COSGRAY ROAD, (ALL REFERENCES ARE TO THE RECORDS
OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, IN A
WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED
IN ORDINANCE NUMBER 27-00, AND RECORDED IN INSTRUMENT NUMBER 200004270082022,
A T A COMMON CORNER OF THE 32.488 ACRE TRACT CONVEYED TO EDWARDS GOLF
COMMUNITIES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200009290198493 AND
THE 0.162 ACRE TRACT CONVEYED AS PARCEL 2 TO JAY W. LIGGETT, TRUSTEE BY DEED OF
RECORD IN INSTRUMENT NUMBER 200102220035905;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMA TEL Y 684 FEET, WITH SAID EASTERLY
RIGHT-OF-WAY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE, TO A
POINT;
THENCE WESTERLY, A DISTANCE OF APPROXIMA TEL Y 2360 FEET, ACROSS SAID COSGRA Y
ROAD, WITH THE SOUTHERLY LINE OF SAID 28.10 ACRE TRACT, AND PARTLY ACROSS SAID
120.07 ACRE TRACT, TO THE SOUTHWESTERLY CORNER OF SAID 28.10 ACRE TRACT, BEING
IN THE LINE COMMON TO SAID SURVEY NUMBER 6953 AND VIRGINIA MILITARY SURVEY
NUMBER 14150-14400;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1292 FEET, WITH THE WESTERLY
LINES OF SAID 28.10 AND 4.07 ACRE TRACTS, AND SAID SURVEY LINE, TO THE
NORTHWESTERLY CORNER OF SAID 4.07 ACRE TRACT;
THENCE EASTERLY, A DISTANCE OF APPROXIMA TEL Y 2304 FEET, WITH THE NORTHERLY
LINES OF SAID 4.07 AND 32.44 ACRE TRACTS, AND P ARTL Y ACROSS SAID 120.07 ACRE
TRACT, TO A POINT IN THE WESTERLY RIGHT-OF- WAY LINE OF SAID COSGRA Y ROAD;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1254 FEET, WITH SAID WESTERLY
RIGHT-OF-WAY UNE, TO A POINT;
THENCE NORTHWESTERLY, A DISTANCE OF APPROXIMA TEL Y 87 FEET, CONTINUING WITH
SAID WESTERLY RIGHT-OF-WAY LINE, AND PARTLY WITH THE EXISTING CITY OF DUBLIN
ANNEXA nON
71.3+/- ACRES
- 2-
CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 105-98, AND RECORDED IN
INSTRUMENT NUMBER 199906160153555, TO A POINT;
THENCE EASTERLY, A DISTANCE OF APPROXIMA TEL Y 61 FEET, ACROSS SAID COSGRA Y
ROAD, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE THEREOF, BEING A WESTERLY
LINE OF THE EXISTING CITY OF DUBLIN CORPORA TION LINE, AS EST ABLISHED IN
ORDINANCE NUMBER 62-02, AND RECORDED IN INSTRUMENT NUMBER 200205290131857;
THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMA TEL Y 79 FEET, WITH SAID
EASTERLY RIGHT-OF-WAY LINE, AND ACROSS SHIER-RINGS ROAD, AND P ARTL Y WITH
SAID EXISTING CITY OF DUBLIN CORPORA nON LINE (62-02), TO A POINT;
THENCE SOUTHERLY, A DISTANCE OF 1848 FEET, ACROSS SAID SHIER-RINGS ROAD, AND
WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, AND PARTLY WITH
SAID EXISTING CITY OF DUBLIN CORPORATION LINE (27-00), TO THE POINT OF BEGINNING,
CONTAINING APPROXIMATELY 71.3 ACRES OF LAND, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED
FOR DEED TRANSFER.
EVANS, MECHWART, HAMBLETON & TILTON, INC. """"""""'"
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JA S M. PEARSALL DA T~ k ( P;;'0::LL 'J * 1
REGISTERED SURVEYOR NO. 7840 :. <) '. -n40 : Q: ::
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PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER
Jay W Liggett Charles W. Buck Steven A. Buck
6315 Meaghan Drive 5595 Brickstone Place 5175 Cosgray Road
Dublin, OH 43016 Hilliard, OH 43026 Amilin, OH 43002
272-000174 272-000174 272-000174
SURROUNDING PROPERTY
OWNERS
David H Gease Edwards Golf Communities J W Liggett Jr
5713 Cosgray Road 495 S. High Street. Suite ISO 6315 Meaghan Drive
Dublin, OH 43016 Columbus, OH 43215 Dublin, OH 43016
272-000019 274-000334 274-000306
Margarett J Liggett TR J W Liggett J r The Edwards Company
6315 Meaghan Drive 6315 Meaghan Drive Attn: Charlie Driscoll
495 S. High Street, Suite 150
Dublin, OH 43016 Dublin, OH 43016 Columbus, OH 43215
274-000309 274-000296 274-000300
S hen M Kelly TR SR Associates City of Dublin
c )ennis Thiergartner 6724 Perimeter Loop Road, Ste. 201 5200 Emerald Parkway
5 L Chatterfield Drive
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017-1066
272-000166 274-000660 274-001008
Lenore W Roose Subsidiary Development Corp. John R Jr & Anne B Hetrick
5830 Houchard Road c/o Denise Thompson Jewette 4013 Deer Lake Way
Dublin, OH 43016 5987 Cosgray Road Columbus, OH 43204
Dublin, OH 43016
272-000557 272-000086 272-000558
Todd J Hemmert & Barry A Woods Freda Whitmer
Denise A Winner
5824 Houchard Road 5822 Houchard Road 8500 Carters Mill Road
Dublin, OH 43016 Dublin, OH 43016 Plain City, OH 43064
272-000559 272-000560 272-000154
F: Docs/s&hlabels!2005 /edwards-l iggett.l b I
(1013/05-ncp )
PROPOSED ANNEXA TlON OF 71.3r ACRES TO THE CITY OF DUBLIN
FROM WASHINGTON TOWNSHIp, FRANKLIN COUN~ OHIO
VIRGINIA MILITARY SURVEY No. 6953
TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY, OHIO
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