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HomeMy WebLinkAbout29-03 Resolution RECORD OF RESOLUTIONS Dayton legal Blank Co., Form No, 30045 Ii !I Resolution No. uuuuuuuZ9.::-0J I! Passed " ..........., I, YEAR -+ A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 1.186 ACRES, MORE OR LESS, FROM CONCORD TOWNSHIP, DELAWARE 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 1.186, more or less Acres from Concord Township, Delaware County was filed in the offices of the Board of County Commissioners of Delaware County, Ohio on May 22, 2003 by Robert E. Albright, 600 South High Street, Columbus, Ohio 43215, Agent for Petitioner South Heidelberg, Inc., 4333 Sharon A venue, Columbus, Ohio 43214; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) ofthe Ohio Revised Code, requires that within 20 days ofthe 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 ofthe annexed territory to provide a buffer separating the use ofthe 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-Rura1 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 Glick Road to the north, the City of Columbus to the east, the City of Dublin to the south, and the Village of Shawnee Hills to the west; thereby apparently leaving no adjacent unincorporated territory that would require a buffer. 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 1.186, more or less acres in Concord Township, Delaware County: RECORD OF RESOLUTIONS Dayton legal Blank Co" Farm No, 30045 -- ~...~--- Resolution NO'HH29-03HHH Passed " 'HHH',H, Page2H " YEAR 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 ofthe annexed territory to provide a buffer separating the use ofthe 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 1-th.___.dayof ,2003. - ATTEST: ~ e ~ 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. - - ~ < ~ ! n IIIC, .. . . elber.. Scale: , = 60 \'Ie"d so,,\~ '"e Date: 5-/6-200/ carl" \..' , \'Iill$ 94 rev 8-3-rog3 (nole) {S~a",r.ee 10, P. G. rev 4-16 - 20 . Qe 0 '11 p.B. rev 5-12- 2IXJ3 (corp.) . . 9 '1/,\10 O'ded' rev 5-20- 2003l.brg/dlS1/miscl E~i$\'" 94, Rec ord. NO. \ --- Location Map nls G) r LEGEND _ o ~ ~ ~ Area to be Annexed ::J ~ % ~ z ":. CD NOTES: ~ - ~ 0 (Jl :: ~ 1) Total length of contiguity with Boundary of Dublin = 374 L.F. ~ 2) Total length of the perimeter of the 1.1 86 Acre = 1122 L.F. " 0 :.;;;- 3) We hereby certify that the Total Percentage of perimeter contiguity = 33 % ' -- '. - ~:.' ~. - n 4) No island of unincorporated area is being created by this annexation. B-~h!-~ ~ y. Joseph . Myers , 60 mYl!rs~~ggp~rv "' 0"""0' PR~~?~~?,~~~~~?:,,,,, '000" 2740 East Main Street Situated in the State of Ohio, County of Delaware, Township of Concord, part of Bexley, Ohio 43209 Virginia Military Survey No. 2545, being 1.186 Acres +1_ to be Annexed to the (614) 235-8677 _ _ :relefax 235-4559 City of Dubhn