HomeMy WebLinkAbout72-05 Resolution
RECORD OF RESOLUTIONS
Dayt<:J~ ~~.a~I_~lank, Inc., Forrlll'>J?-. ~OO_45
72-05
Resolution No. Passed .20 -
A RESOLUTION ADOPTING A STATEMENT
REGARDING POSSIBLE INCOMPATIBLE LAND USES
AND ZONING BUFFER FOR A PROPOSED
ANNEXATION OF 207.9 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 annexation of 207.9 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 25,2005 by Harrison W.
Smith, Jr., agent for Petitioners David H. Gease, 5713 Cosgray Road, Dublin, Ohio
43016 and Freida B. Whitmer, Trustee, 8500 Charters Mill Road, Plain City, Ohio
43065; 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
become 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 east, and portions on the south, north and west are adjacent unincorporated
territory.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, 1 of the elected members concurring that:
Section 1. The City of Dublin adopts the following statement for the 207.9 acres,
more or less, in Washington Township, Franklin County:
RECORD OF RESOLUTIONS
[Jaytc:ln~eaal Blank, Inc.. Form No. 30045
Resolution No. 72-05 Page 2
.20_
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
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 '7ft. day of.J1JO U-(h1 h-c/ ,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.
--^ _.~_._-_._-
PROPOSED ANNEXA nON OF 207.9::t ACRES TO THE CITY OF DUBLIN
FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO
VIRGINIA MILITARY SUR VEY Nos. 6953, 14150-14400, &- 7835
TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY, OHIO
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Total ".-fmetr of onnuatlon _ /$ 16194
IHt of ""1dI .1134 feet ere cont/guotA
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GRAPHIC SCALE LOCA TlON MAP
(IN FEET) NOT TO SCAlE
NonCT OF FlUNG ()F ANNEXA TlON PET[TION
T(). Ann Clarke, Council Clerk
City of Dublin
5200 Emerald Park wa y
Duhlin. Ohio 43017
[n accordance \"ith the provisions of Section 709.03 of the Ohio Revised Code, you are
herehy notified that, on the 25'h day of Octoher, 2005, the undersigned, as Agent fl.)r 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 207.9 acres, more or
less. in Washington Tmvnship.
:\ copy of said Petition, with description and plat, is attached hereto and made a part
hereof
I )ated. 10 IZo-ltJ S- ~9/
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Harrison W. Smith, Jr.
Agent for Petitioners
RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED
THIS c25-f-J.\ day of Dt!--iCJhcr- ,20 t'6 .
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CLERK'S OFFICE
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Fdocs\s&hanncx\2005\c1arke-gease-2079-petillOn.not (10/20/05) Ith
EXPEDITED TYPE II PETITION FOR ANNEXA TION (SECTION 709.023)
TO THE riry nf nlln1iT1
OF 207.9 ACRES MORE OR LESS
IN THE TOWNSHIP(S) OF Washington
TO THE BOARD OF COUNTY C01\HvlISSIONERS
OF Franklin COL:"NTY. OHIO
The undersigned, petitioners in the premises. and bell1g .\LL OF THE 0\\ "NERS OF
RE.--\L ESTATE in the territory hereinafter described. consisting of ~Y' 9 acres with a tutal
perimeter boundary of 16.194 '. more or less, in the: To\\nship(s) of ',-Jashington
which area is contiguous along 3,13-'+ ' IJr 19 and adpcent 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 tillS annexatIon
.--\ full and accurate description and a plat of said territory so prayed ll) be annexed are
attached hereto and made part hereof
[n support of said Petition, your petitioners stale that there ls'are within the territory S,J
prayed to be annexed two OW'iERiS) OF RE.\L ESL\ TE.
Harrison W. Smith, Jr. "..-hose address IS 37 \Vest Broad Stred, Suite 725. Columbus,
Ohio 43215, is hereby appointed Agent for the undersigned Petitioner(s), as required by Section
70902 of the Revised Code of Ohio. Said agent is hereb> authorized to make any amendment
and/or deletion \vhich in his absolute and complete discretion is necessary or proper under the
circumstances then existing, and in panicular 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 Jare
set for hearing on this Petition.
WHOEVER SIGNS THIS PETITION EXPRESSL Y W AlVES THEIR RlGHT TO
APPEAL IN LAW OR EQUITY FROt\! THE BOARD OF COUNTY COM:VlISSIONERS'
ENTR Y OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION
PROCEDURE SET FORTH IN SECTION 709023. AL THOUGH r\ WRIT OF tvIANDAMUS
MA Y BE SOUGHT TO COMPEL THE BO.\RD TO PERFOR1\l ITS DUTIES REQUIRED BY
LA \V FOR SAID SPECIAL ANNEXATION PROCEDURE
NArvIE DATE ADDRESS
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RECEIVED
Page of OCT 25 '05PM10:04
)PERTY OWNER PROPERTY OVvTNER
la Whitmer David H Gease
o Carters Mill Road 5713 Cosgray Road
11 City, Of-{ 43064 Dublin, OH 43016
-000165 272-000019
:z )UNDfNG PROPERTY
<1'" LRS
mel Farms Inc. Florence Wuertz TR Margaret A Haney
5 Cosgray Road 7495 Rings Road 7590 Rings Road
)lin, Oil 43016 Dublin, OH 43016 Dublin, OH 43016
-000057 272-000159 272-000340
vard F & Kerri L Hoffmeier Inland Corp Jay W Liggett
5 Houchard Road P.O. Box 1548 6315 Meaghan Drive
)lin, OH 43016 Warrenville, IL 60555 Dublin, OH 43016
-000138 272-000337 272-000104
.lrban Improvement of Columbus Inc. Edwards Golf Communities
Vest Broad Street, Suite 725 495 South High Street
Jlnbus, OH 43215 Columbus, OH 43215
.000655 274-000297
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ANNEXA nON
207.9+/- ACRES
TO: CITY OF DUBLIN
FROM: TOWNSHIP OF WASHINGTON
SITUATED IN THE STATE OF OHIO, COUNTY Of FRANKLIN. TOWNSHIP OF WASHINGTON, VIRGINIA
MILITARY SURVEY NUMBERS 6953. 14150-14400, AND 7835, BEING ALL OF THE TRACT CONVEYED TO
DA VID HOWARD GEASE BY DEED OF RECORD IN OFfICIAL RECORD 11577 Fll, PART OF THE 120.07
ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT
JMBER 200212180325201, ALL OF THE 99.371 ACRE TRACT CONVEYED TO FREIDA B. WHITMER,
JJSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 199908110205207, ALL OF THE 5.5504 ACRE
L KACT CONVEYED TO FREIDA B. WHITMER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT
NUMBER 199908110205206, AND PART OF COSGRA Y ROAD, RINGS ROAD, AND HOUCHARD 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 SOUTHERLY LINE OF SAID GEASE TRACT, AT THE COMMON CORNER OF THE
26.245 ACRE TRACT CONVEYED TO SUBURBAN IMPROVEMENT OF COLUMBUS, INC. BY DEED OF
RECORD IN INSTRUMENT NUMBER 200412170285825 AND THE 50.45 ACRE TRACT CONVEYED AS
PARCEL IV TO CARMEL FARMS, INC. BY DEED OF RECORD IN OFFICIAL RECORD 12453 B06, BEING
AN ANGLE POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED BY
ORDINANCE NUMBER 99-01, AND RECORDED IN INSTRUMENT NUMBER 200110110234982, AND BEING
AN ANGLE POINT IN A PENDING CITY OF DUBLIN CORPORATION LINE;
THENCE WITH SAID PENDING CITY Of DUBLIN CORPORATION LINE, THE FOLLOWING COURSES
AND DISTANCES:
WESTERLY, A DISTANCE OF APPROXIMATELY 1157 FEET, WITH SAID SOUTHERLY LINE, TO A POINT
IN THE EASTERLY LINE OF SAID 99.371 ACRE TRACT, BEING IN THE LINE COMMON TO SAID SURVEY
NUMBER 6953 AND VIRGINIA MILITARY SURVEY NUMBER 14150-14400;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 518 FEET, WITH THE EASTERLY LINE Of SAID 99.371
~RE TRACT, AND SAID SURVEY LINE, TO A SOUTHEASTERLY CORNER OF SAID 99.371 ACRE
~ACT;
WESTERLY, A DISTANCE OF APPROXIMATELY 582 FEET, WITH A SOUTHERLY LINE OF SAID 99.371
ACRE TRACT, TO A POINT;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 351 FEET, WITH AN EASTERLY LINE OF SAID 99.371
ACRE TRACT, TO A SOUTHEASTERL Y CORNER THEREOF;
WESTERL Y, A DISTANCE OF APPROXIMA TEL Y 820 FEET, WITH THE SOUTHERLY LINE Of S1\ID 99.3 71
ACRE TRACT, TO A POINT IN THE EASTERLY RIOHT-OF-W A Y LINE OF SAID HOUCHARD ROAD;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 1101 fEET, WITH SA1D EASTERLY RIGHT-Of-WAY
LINE, AND ACROSS SAID RINGS ROAD, TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE
THEREOF;
WESTERLY, A DISTANCE OF APPROXIMATELY 32 FEET, WITH SAID SOUTHERLY RIGHT-OF-WAY
LINE, TOAN ANGLE POINT IN SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID PENDING CITY OF
DUBLIN CORPORATION LINE;
ANNEXA TlON
207.9+/- ACRES
- 2 -
THENCE WESTERLY, A DISTANCE OF APPROXIMA TEL Y 28 FEET, CONTINUING WITH SAID
SOUTHERLY RIGHT-OF-WA Y LINE, TO A POINT;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 4250 FEET, ACROSS SAID RINGS ROAD, AND
WITH THE WESTERL Y RIGHT-OF-WAY LINE OF SAID HOUCHARD ROAD, TO A POINT;
THENCE EASTERLY, A DISTANCE OF APPROXIMA TEL Y 1458 FEET, ACROSS SAID HOUCHARD ROAD,
AND WITH TI-IE NORTHERLY LINE OF SAID 99.371 ACRE TRACT, TO THE NORTHEASTERLY CORNER
~EREOF, BEING IN THE LINE COMMON TO SAID SURVEYS 6953 AND 14150-14400;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMA TEL Y 403 FEET, WITH THE EASTERLY LINE OF
SAID 99.371 ACRE TRACT, AND SAID SURVEY LINE, TO TI-IE NORTHWESTERLY CORNER OF SAID
GEASE TRACT;
TIlENCE EASTERLY, A DISTANCE OF APPROXIMA TEL Y 2360 FEET, WITH THE NORTHERLY LINE OF
SAID GEASE TRACT, P ARTL Y ACROSS SAID 120:07 ACRE TRACT, AND ACROSS SAID COSGRA Y ROAD,
TO A POINT IN TI-IE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRA Y ROAD, BEING TI-IE EXISTING
CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED BY ORDINANCE NUMBER 27-00, AND
RECORDED IN INSTRUMENT NUMBER 200004270082022;
THENCE SOUTIIERLY, A DISTANCE OF APPROXllvlATELY 1929 FEET, WITH SAID EASTERLY RIGHT-
OF-WAY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (27-00), TO AN ANGLE
POINT IN SAID EXISTING CITY OF DUBLIN CORPORATION LINE (99-01);
THENCE WESTERLY, A DISTANCE OF APPROXIMA TEL Y 1205 FEET, ACROSS SAID COSGRA Y ROAD,
P ARTL Y ACROSS SAID 120.07 ACRE TRACT, WITI-I THE SOUTHERLY LINE OF SAID GEASE TRACT,
AND SAm EXISTING CITY OF DUBLIN CORPORATION LINE (99-01), TO THE POINT OF BEGINNING,
CONTAfNTNG APPROXIMA TEL Y 207.9 ACRES OF LAND, MORE OR LESS.
THIS DESCRIPTION WAS PREP AREl) USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED
TRANSFER.
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Gease-Whitmer Annexation
Legend
Dublin
Proposed Annexation
_ Pending Annexations
D Unincorporated 2,000
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Office of the City Manager . j
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 Manager
Date: November 3, 2005 ~
Initiated By: Paul A. [lammersmith, P .E., Director of Engineering/City Engineer ~
Daniel D. Bird, FAICP, Director of Land Use and Long Range Planning
Gary P. Gunderman, AICP Assistant Director of Land ~ Long Range lanning
Barbara A. Cox, P.E., Assistant Director, En' ring - DevelopmentG"',(;.> (
"
Stephen J. Smith, Director of Law .~- <
Re: Resolution No. 71-05 - A Resolution Adopting a Statement of Services
for a Proposed Annexation of 207.9 acres, More or Less, from
Washington Township, Franklin County, to the City of Dublin, Ohio.
Resolution No. 72-05 - A Resolution Adopting A Statement Regarding
Possible Incompatible Land Uses And Zoning Buffer for a Proposed
Annexation Of 207.9 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 25, 2005, attorney/agent Harrison W. Smith Jr. filed an annexation petition,
on behalf of Petitioners David H. Gease and Freda B. Whitmer, Trustee to the Franklin
County Commissioners. The petition is for 207.9 acres more or less of land, located on
the west side of Cosgray Road, 2,480 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 zoning. Resolutions Nos. 71-05 and 72-05 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 within twenty-five days of the petition being filed. If neither the
Memo to Dublin City Council
Re: Resolution 71-05
November 3,2005- Page 2
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 207.9 acres more or less, including pieces of the right-of-
way of Cosgray and Houchard 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 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: undeveloped property to the
north, west and south, and some portions of southern Ballantrae development to the east.
FUTURE DEVELOPMENT
Part of 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 3.65 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 2.25 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 Dublin City Council
Re: Resolution 71-05
November 3,2005- Page 3
. 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.
. SANIT ARY 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 roads serving this acreage are Cosgray and Houchard Roads, which are both
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 Road is classified as collector road and is required to have
70 feet of right-of-way. If the City of Dublin plans to extend the four-lane divided
roadway initiated by Franklin County on Cosgray Road, 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 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 approved Resolutions will be forwarded to the
Franklin County Commissioners for their hearing on the annexation of the 207.9 acres,
more or less.