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HomeMy WebLinkAbout09-08 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, inc. Form No. 30043 09-08 Ordinance No. Passed . 20 1 ii AN ORDINANCE TO ACCEPT AN ANNEXATION OF 5.352 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (PETITIONER: COSTNER CONSULTING COMPANY; PROPERTY ADDRESS, 7679 POST ROAD) WHEREAS, on November 27, 2007 the Franklin County Commissioners approved the Expedited Type 2 annexation petition for 5.352 acres, more or less, from Washington Township, Franklin County, to the City of Dublin as filed on October 22, 2007 by Stephen D. Martin, Esq. on behalf of Costner Consulting Company, 7679 Post Road; 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. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the petition for the annexation of 5.352 acres, more or less (see attached legal description, Exhibit "A") to the City of Dublin, Ohio is hereby accepted. Section 2. That this Ordinance shall take effect and be in force from and after the earliest date allowed by law. Passed this i~ day of , 2008. Mayor -Presiding Officer Attest: Clerk of Council 1 Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1006 CITY OF DUBLIN Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manage~U.,...~-5. F~ Date: February 14, 2008 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Gary P. Gunderman, AICP, Planning Manager, Land Use and Long Range Planning Re: Ordinance 09-08 -Accepting an Annexation of 5.352 Acres, More or Less, from Washington Township, Franklin County, to the City of Dublin. (Petitioners: Costner Consulting) (Case No. 07-075ANEX) Summary This proposed annexation is for 5.352 acres and includes no right-of--way. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide resolutions stating what services the municipality will provide and that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. Resolutions 65-07 and 66-07 were approved by City Council on November 5, 2007. This property was the subject of a pre- annexation agreement approved by the City council on June 18, 2007. Copies of the resolutions and the informational memo are attached for reference. These resolutions were forwarded to the Franklin County Commissioners for their hearing on the annexation of the 5.352 acres. This hearing took place on November 27, 2007 and the Commissioners approved the annexation with Resolution No. 1011-07. Copies of the resolution are included in the attached materials. Per the Ohio Revised Code, the transcript of the County Commissioners' hearing is forwarded to the clerk of the municipal corporation to which annexation is proposed. The clerk is required to hold the transcript for a period of 60 days. Following the expiration of 60 days, at the next regular Council meeting, an ordinance accepting the annexation is introduced. The Council shall then accept or reject the petition for annexation within a period of 120 days after the first reading of the ordinance. If approved at the second reading/public hearing, Ordinance 09-08 will be effective 30 days after passage and the property will be incorporated into the City of Dublin. Recommendation Staff recommends approval of Ordinance 09-08, accepting the annexation of 5.352 acres in Washington Township, Franklin County, to the City of Dublin. _ _ _ _Union County ~ Franklin County ~- °a ~ P~a~n c~Ey R° o Ub~~n' o a ~ .c Site $ 6 Location Map (not to scale) in rn cn S04'45'35"E 56.83' ~L Place of Beginning - -RAW fi C X N ~ Onr+ ~a~~ moon ~ n fi~ m O O O > O o~r-o ~~rn ~ 0 J ~ N l co (D m n fi ~ ~ h o z o o c a_ o? o 0 p v, O J J W w w rr ~ 0 rn N -~ Area in Road Right of way is C ~ remainder part of Panasonic r- ~ Co ier of Central Ohio Inc 's o o ~ RAW/ p ~ o_ ~ in 6.041 acre tract described in ~B~N) Purposes / O ~ Instrum(0.689 a10e0j0041001~ `vp,RiABi'erRl~ to9e`322o3243~1 ~/~ ~i p ~ CS ,R • 16 Ohio Eos 117 6' P / 3155 06 ~ t e / 72 ~ Reference ~-~~ Ft0 ~'~ StateOeed v°i~ N r' Beginning 1N C' 7~15'Ei/ / ~ o Cho% g 72 I J DvB`"INIP~A N74. 527$.7 o. i v' .3g 36 43 ._ N7 ° a ~ 29i ~ "- Ch%8 92 , R' S ~ - ~~0 970„ ~1~ 4531 IZ 0 N ~ ~? ~ ~ J ~ ~ (,, I ~ I~ f~ rR,3$59 : ~}4 5=13877 ,~ 0/17 ~ ' / / / 5.352 Acres / / Part of Panasonic Copier of Central Ohio, Inc.'s / 6.041 acre tract described in / / Instrument 200103010041007 / ,Parcel No. 272-000563 / Sg4 53'00"W 708.58' JDC Developments LTD Instrument 1Lo 800150147850 I TALG Limited LLC Instrument 200o30g020094559 I << ~~ in rn Irn O J ~ ~ -P ~ I LEGEND: I Fish el Industrial Park No• 1 Amended Subdivicsi on78 lat Plat Book 66, p 9 - - Existing City of Dublin Corporation Line I - - - - - Proposed City of Dublin Corporation Line ~~ / ~ Proposed Area of Annexation RECEIVED OCT 1 U 2007 Drawing Prepared By: Paul R. lapsaddle, R.S. 40 SCALE IN FEET 100 50 0 50 100 Paul R. Clapsaddle and Associates REGISTERED ENGINEERS AND SURVEYORS 19019 WEST DARBY ROAD, MARYSVILLE OHIO 43040 (937) 747-2599 Paul R. Clapsaddle, P.E., P.S. Franklin :aunty En~in~~r Dean CC, 1F.`n~l~. P.E.,P.~. ~~~~~ `~~4il68i91~4I' ~~ ~ PAUL ~` Ft. 4- Jv S ... .. .~ ..),1~~i.~ PI >:1 <,> Q~- ~4 a Proj: panasonic907 Dwg: PanasonicAnnex907.dwg Scale: 1" = 100' Date: 9/26/07 Bearings indicated hereon are based upon the north line of Fishel Industrial Park No. 1 being North 84'53'00"East as shown on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78 ANNEX. N0. ORD. NO PROPOSED ANNEXATION OF 5.352 ACRES TO THE CITY OF DUBLIN FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO DATE: SCALE: 1 "=100' PROPOSED ANNEXATION From: ~Yashington Township To: City of Dublin STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, V.M.S. 6748 ~~~ Philip S. & Marcia M. Holbrook Instrument 200304110105466 Lot 11 ANNEXAI'IQN PLAT Bt pECRIP'TION ACC)E~'I'AB]LE ~ BEAN C. tiINGtE, P.E., P.S. P~ COUNTY. ENCII~ER Hy ~~ ~ ,,,,,_Datc ~ b ~ ~ ~'? .~ Franklin County Where Government Works Commissioners Mary 1o Kilroy, President Paula Brooks Marilyn Brown Economic Development & Planning Department James Schimmer, Director *MEMORANDUM Date: 12/12/2007 To: Anne Clarke, Clerk of Council City of Dublin From: R. Lee Brown, Planning Administrator Franklin County Planning Department Subject: Transmittal of annexation transcript, Case #EXP2-23-07 Pursuant to Ohio Revised Code §709.033(C)(1), enclosed is a certified copy of the transcript of the proceedings on the petition of Panasonic Copier of Central Ohio, Inc. for the annexation of 5.352 + acres in Washington Township to the City of Dublin, Ohio. O.R.C. §709.03.3 (C)(1) states: If the board granted the petition for annexation, the clerk shall deliver a certified copy of the entire record of the annexation proceedings, including all [...] papers on file, [...] to the auditor or clerk of the municipal corporation to which annexation is proposed. Two copies of this letter are enclosed. Please acknowledge receipt of the transcript on one of these letters and return the copy with the acknowledgement to: Annexation Clerk Franklin County Economic Development & Planning Department 280 East Broad Street -Suite #202 Columbus, Ohio 4321 S Thank you. DEC 1 4 2007 CLERH Ot COUNCIL -___ Ci1Y 0i OUB! IN 280 East Broad Street, Columbus, Ohio 43215-6304 Tel: 614-462-3094 Fax: 614-462-7155 www.FranklinCountyOhio.gov November 27, 2007 RESOLUTION NUMBER 1011-07 REVIEW OF PETITION TO ANNEX 5.352 +/- ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY PANASONIC COPIER OF CENTRAL OHIO, INC. CASE #ANX-EXP2-23-07 (ECONOMIC DEVELOPMENT & PLANNING) WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize the petition that Stephen D. Martin, Esq. filed on behalf of Panasonic Copier of Central Ohio, Inc. filed on October 22, 2007 and solicited to and/or been heard by all persons desiring to be reviewed for or against the granting of the Expedited 2 petition, and having considered all the facts with reference thereto, being fully advised, and WHEREAS, the Commissioners make the following findings based upon the exhibits and testimony presented at the review of this matter: 1. The petition has met all the requirements set forth in, and was filed in the manner provided in, section 709.021 of the Revised Code. 2. The persons who signed the petition are owners of the real estate located in the territory proposed for annexation and constitute all of the owners of real estate in that territory. 3. The territory proposed for annexation does not exceed five hundred acres. 4. The territory proposed for annexation shares a contiguous boundary with the municipal corporation to which annexation is proposed for a continuous length of at least five percent of the perimeter of the territory proposed for annexation. 5. The annexation will not create an unincorporated area of the township that is completely surrounded by the territory proposed for annexation. 6. The municipal corporation to which annexation is proposed has agreed to provide to the territory proposed for annexation the services specified in the relevant service ordinance #66-07, passed on November 5, 2007 by the City of Dublin. Therefore, upon the motion of Commissioner Brooks ,seconded by Commissioner Brown C TRUE GO Y gy. ,C:c~l~ Date ~ Franklin County Economic Deweiopment ~ Planning Department RESOLUTION NUMBER November 27, 2007 Page 2 REVIEW OF PETITION TO ANNEX 5.352 +/- ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY PANASONIC COPIER OF CENTRAL OHIO, INC. (ECONOMIC DEVELOPMENT & PLANNING) BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: That, in accordance with the findings made in the preamble, which are incorporated herein, the prayer of the Petition be improved, and the territory sought to be annexed by the petition filed herein shall be annexed to the City of Dublin, Ohio, in accordance with the law; that the orders and proceedings of this board relating to the Petition, and map and description attached thereto, and all papers on file relating to this matter be delivered forthwith to the Clerk of Council, City of Dublin, Ohio. Voting Aye thereon: ~ `' MAR JY O KI~,ROY, PRES 'ENT J-/ _ PAULA BROOKS MARILYN B WN BOARD OF C TY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: MARY JO KILROY, PRESIDENT PAULA BROOKS MARILYN BROWN BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO C: Economic Development & Planning Department Franklin County Where Government Works Commissioners Mary Jo Kilroy, President Paula Brooks Marilyn Brown Economic Development & Planning Department James Schimmer, Director RESOLUTION SUMMARY REVIEW OF PETITION TO ANNEX 5.352 +/- ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY PANASONIC COPIER OF CENTRAL OHIO, INC. Description: Attached is a resolution to consider the annexation of 5.352-acres, more or less, from Washington Township to the City of Dublin. The petition case number is ANX-EXP2-23-07. Applicant: Panasonic Copier of Central Ohio, Inc. Agent: Stephen D. Martin, Esq. Site: 7679 Post Road -Washington Township Analysis: The applicant has met all statutory requirements outlined in Section 709.21 of the Ohio Revised Code. The applicant was to meet all requirements concerning notification, and timeline and has provided a service resolution from the City of Dublin stating the services that will be provided once the annexation has been approved. Recommendation: Pending any questions, staff would request your approval of this annexation. ;Director conomic Development & Planning Department !~i • •, 280 East Broad Street, Columbus, Ohio 43215-6314 Tel: 614-462-3094 Fax: 614-462-7155 www.FranklinCountyOhio.gov ~~ Franklin County Where Government Works Commissioners Mary Jo Kilroy, President Paula Brooks Marilyn Brown Economic Development ~ Planning Department lames Schlmmer, Director MEMO JOURNALIZATION TO: Debbie Willaman, County Clerk Franklin County Commissioners Office FROM: R. Lee Brown, Planning Administrato Franklin County Economic Development Planning Department CC: James Schimmer, Director Franklin County Economic Development & Planning Department RE: Description of Expedited Type 2 annexation case to be journalized on the October 30, 2007 General Session Agenda for a hearing on November 27, 2007. Case #ANX-EXP2-23-07- An annexation ANX-EXP2-23-07 was filed in our office on October 22, 2007. The petition is requesting to annex 5.352 +/- acres from Washington Township to the City of Dublin. The applicant is Panasonic Copier of Central Ohio, Inc. The agent is Stephen D. Martin, Esq. Site: 7679 Dublin-Plain City Road 280 East Broad Street, Columbus, Ohio 43215-6314 Tel: 614-462-3094 Fax:614-462-7155 www.FranklinCountyOhio.gov ®FranklinCounty Wher• Government Wo-kc Commisslonen Mary ]o Kilroy, President Paula Brooks Marilyn Brown Econom{c Development ti Planning Department James Schimmer, Director Application for Annexation Petition Expechted Tyl.i~ Property Information . Site Address 7679 Post Road Parcel ID{s) Total Acreage 272-000563-00 5.352 ._ From Township To Municipality Washin lson Property Owner lnformatlori Name Costner Consultin Com an Address Company and Panasonic Copier of Central Ohio, Inc. __.... 8407... Tartan. Fields Drive__.. _ _ _ .. ..__ Dublin - Phone # Fax # (6_l4) 628-8400..... ___ _ __ ___. ._.(_614)..._224-3260_ _ _ _ 6 Email bcostner comdoc n AttorneylAgent Information Name to n Address Manos, Martin, Pergram & Dietz Co.. LPA 50 North Sandusk3t Street_ _ __ ___ _ ___ __. _ Delaware - Phone # Fax # (740) 363-1313.... __ _ __ __. __ _____ _ _ (740) 362-3288. Email 2 Document The following documents must accompany this application on letter-sized 8 %" x 11" paper: ^ Legal description of property ^ Map/plat of property ^ List of adjacent properties Waiver of Right to WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCUEDURE. 1 ~~~ ~~~ f"J~ ~ ~ G~ Property weer ~ Date William Costner, President Property Owner Date Property Owner Date . Property Owner Date 280 East Broad Street, Columbus, Ohio 43215-6314 Te1:614-462-3094 Fax: 614-462-7155 www.FranklinCountyOhio.gov 0276 PROPOSED ANNEXATION OF 5.352 ACRES TO THE CITY OF DUBLIN FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO October 8, 2007 The following described 5.352 acre tract of land is situated in the State of Ohio, County of Franklin, Township of Washington, V.M.S. 6748, being part of Panasonic Copier of Central Ohio, Inc.'s original 6.041 acre tract described in Instrument 200103010041007, and said 5.532 acre tract more particularly described as follows: Beginning for reference at a PK nail found at the intersection of the centerline of Dublin- Plain City Road (State Route #161) (variable right of way width) with the south terminus point of the centerline of Fulk Road, said PK nail being in the east line of V.M.S. 6954 and in the west line of V.M.S. 6748, said nail marking the northwest corner of said 6.041 acre tract and the northeast corner of The City of Dublin, Ohio's 157.339 acre tract described in Instrument 199801050001735; Thence South 04°45'35" East 56.83 feet, departing from the centerline of Dublin-Plain City Road, following the east line of V.M.S. 6954 and said 157.339 acre tract and the west line of V.M.S. 6748 and said 6.041 acre tract, to an iron pin found with cap marked "CLAPSADDLE RS #6140" in the south right of way line of Dublin-Plain City Road and at an angle point in the existing corporation limits of the City of Dublin (reference City of Dublin Ordinance 04-98 and Franklin County Recorder Instrument 199803030047299), said iron pin marking the place of beginning; Thence following the south right of way line of said Road along a curve to the left 129.70 feet, said curve having a radius of 583.98 feet, a tangent of 65.12 feet, and a delta of 12°43'31", the chord of which bears North 70°39'36" East 129.43 feet, to a 5/8 inch iron pin found with cap marked "CLAPSADDLE RS #6140"; Thence following the south right of way line of said Road along a curve to the left 278.77 feet, said curve having a radius of 3859.72 feet, a tangent of 139.44 feet, and a delta of 4°08' 17", the chord of which bears North 74°57' 15" East 278.71 feet, to an iron pin set; Thence North 72°53'06" East 313.11 feet, continuing with the south right of way line of said Road, to a 1 inch iron pin found at the northwest corner of Charley Paige's 1.6949 acre tract described in Instrument 200701220012389; Thence South OS°13'02" East 402.38 feet, following the west line of said 1.6949 acre tract and the east line of said 6.041 acre tract, to a 1 inch iron pipe found in the north line of Lot 11 of Fishel Industrial Park No. 1, Amended Subdivision Plat as recorded in Plat Book 66, page 78; Thence South 84°53'00" West 708.58 feet, following the north line of Lot 11, Lot 10, and Lot 9 of said Fishel Industrial Park and the south line of said 6.041 acre tract, to a S/8 inch iron pin found with cap marked "CLAPSADDLE RS 6140" at the northwest corner of said Fishel Industrial Park, in the east line of said 157.339 acre tract, in the existing east Corporation line of the City of Dublin, in the west line of V.M.S. 6748, and in the east line of V.M.S. 6954; Thence North 04°45'35" West 257.44 feet, following the west line of said 6.041 acre tract and V.M.S. 6748, the east line of said 157.339 acre tract and V.M.S. 6954, and the existing east Corporation line of the City of Dublin, to the place of beginning, containing 5.352 acres, more or less, and subject to all valid, prior easements and restrictions of record. It is the intent that the above described tract includes all of said 6.041 acre tract that is outside the right of way of Dublin -Plain City Road. Of said 6.041 acre tract, 0.689 acre is within the right of way of Dublin -Plain City Road. The above description was prepared from an actual field survey made under the supervision of Paul R. Clapsaddle, Registered Surveyor #6140 during the month of September ?.007. Iron pins set are 5/8 inch by 30 inch reinforcing rods with caps marked "CLAPSADDLE RS #6140." Bearings indicated herein are based on the north line of Fishel Industrial Park No.l being North 84°53'00" East as shown on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78. The above description is to be used for Annexation purposes only. ATTEST: ~ 'I;~ Paul R. Cl saddle, R.S. #6140 19019 WeS~t Darby Road Marysville, Ohio 43040 (937) 747-2599 ~~~~~~~ OCT 1 0 2007 Franklin ~%qur-ry E»nyir~y~,, Haan C. F°nqi:~. ~'E.,k'S. A,NNF,~CATION PLAT dz DECBIP'TION ACCEPTABLE t)EAP~ C. RINGLE, P.E., P.S. FRANKLIN COUNTY ENGINEER 8 ~~ Date ~~ ~ ©'1 y ~~~re~adrsi~ ,O;~s ~ ~ O ~ U,+4,I ~ - .. r a a is' p ,- w _ z, rp$n , r , Y~., ,th ,R .~,- LIST OF ADJACENT PROPERTY OWNERS Kenneth W. Fulk, Trustee 93 Grandview Drive Dublin, Ohio 43017 Weldon Holding Co. 316 Murray Hill Road Columbus, Ohio 43228 Robert E. Williams, II 7608 Dublin Plain City Road Plain City, Ohio 43064 Charley Paige 7515 State Route 161E Plain City, Ohio 43064 Philip S. & Marcia M. Holbrook 294 Leland Avenue Columbus, Ohio 43214 JDC Developments Ltd. 5303 West Vienna Road Clio, Michigan 48420 Talg Limited LLC 7672 Fishel Drive N Dublin, Ohio 43016 City of Dublin, Ohio 5200 Emerald Parkway Dublin, Ohio 43017-1066 {H0948664.1 } Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 CITY OF DUBL[N_ Phone: 614-410-4400 • Fax: 614-410-4490 M e m o TO: Members of Dublin City Council FROlV1: Jane S. Brautigam, City Manag~~,,,,~,~5. ` ,,,.,,J DATE: November t, 2007 INITIATED BY: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Steve Langworthy, Director Land Use and Long Range Planning Gary P. Gunderman, Planning Manager Barbara A. Cox, P.E., Engineering Manager -Development Stephen J. Smith, Director of Law RE: Resolution No. 65-07 (Amended) - A Resolution Adopting a Statement of Services for a Proposed Annexation of S.3S2 acres, More or Less, from Washington Township, Franklin County, to the City of Dublin, Ohio. (Petitioner: Costner Consulting Company; Property address -7679 Post Road) Resolution No. 66-07 (Amended) - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 5.352 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. (Petitioner: Costner Consulting Company; Property address -7679 Post Road) Summary On October 22, 2007, attorney/agent Stephen D. Martin filed an annexation petition, on behalf of Costner Consulting Company with the Franklin County Commissioners. The petition is for 5.352 acres of land, located on the south side of SR 161 between Houchard Road and Cosgray Road in Washington Township, and 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 II" annexation method. This property was the subject of apre-annexation agreement approved by the City Council on June 18, 2007. Under this process the City must within twenty days after the petition is filed, adopt a resolution relating to municipal services, and adopt a resolution relating to land uses and zoning buffers, if the territory proposed to be annexed is currently subject to either county or township zoning. Amended Resolutions No. 65-07 and 66-07 have been prepared for those purposes and for your consideration. The Franklin County Commissioners must grant the proposed annexation, without a hearing, so long as certain criterian in R.C. 709.023 have been established. Memo to Council re Costner Annexation November 1, 2007 Page2of3 Background ZONING and COMMUNITY PLAN The current Washington Township zoning classification for this property is R-8, Suburban Residential District, which allows agriculture and single-family dwellings. Upon annexation, the property will be automatically zoned R, Rural District, under the Zoning Code of the City of Dublin. The 1997 Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for Mixed Use Employment Emphasis for the entire tract. The existing adjacent properties include largely undeveloped property to the north, west, east and industrial uses to the south. SEf?VlCE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 3.1 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 these services at the same or similar level now being provided to other areas of the City. • FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin. The closest station is approximately 2.3 miles away at Washington Township Fire Department Station 91 on Shier Rings Road. If changed, 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. • SOLID WASTE COLLECTION The annexation azea wilt be served with solid waste collection at no additional fee. However, based on the Future Land Use plan, it appears that this property will have a commercial use; therefore, they will be required to use a hired collection service for their solid waste removal. • WATER DISTRIBUTION The property is located within the exclusive annexation area of the Water Service Agreement with the City of Columbus. A 16-inch water main exists at the southeast corner of SR 161 and Cosgray Road. An extension to this property will be needed to provide service. As outlined in the Pre-annexation Agreement, this water system extension has been included for construction in the City's Capital Improvement program for 2008. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area of the Sanitary Service Agreement with the City of Columbus. This property is located with the tributary area of the South Fork Indian Run trunk sewer. This trunk sewer is currently located north of the Sports Ohio Complex on Cosgray Road. A sewer extension will be necessary to provide service to this project. As Memo to Council re Costner Annexation November 1, 2007 Page 3 of 3 outlined in the Pre-annexation Agreement, this sewer extension has been included for construction in the City's Capital Improvement program for 2008. • STORMWATER MANAGEMENT AND FLOODPLAIN The property is relatively flat and drains north to southwest and is located within the tributary of the South Fork Indian Run watershed as defined by the Stormwater Master Plan. As agreed in the Pre-annexation agreement, an easement on the adjacent City-owned parcel will be needed to access an outlet point for stormwater drainage on this property. This property is located outside any FEMA designated floodplains. • ROADS AND STREETS The primary road serving this acreage is SR 161, which is classified as a scenic major arterial and is required to have 100 feet of right-of--way per the current Thoroughfare Plan. The proposed Thoroughfare Plan, currently under review, indicates that SR 161 is a major arterial and is planned to have 135-140 feet of right-of--way. As agreed in the Pre-annexation Agreement, an easement on the adjacent City-owned parcel is needed for cross-access to this parcel and 32 feet ofright-of--way will be dedicated along the SR 161 frontage. If new roads or streets within a proposed development would be dedicated to the City, they would be maintained to the same or similar level being provided to other areas of the City. 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. Recommendation: Approval of Amended Resolutions 65-07 and 66-07 regarding the Statement of Services and Possible Incompatible Land Uses is recommended. Upon City Council's approval these Resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation of the 5.352 acres. RECORD OF RESOLUTIONS Leyal Blarrk, Irrc ,Form No. 30(145 Re.+'uftuiun Nu 65-07 (Amended) Passer! 20__ A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 5.352 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (PETITIONER: COSTNER CONSULTING COMPANY; PROPERTY ADDRESS, 7679 POST ROAD, DUBLIN, OH 43016). WHEREAS, an Expedited II Annexation petition for 5.352 acres, more or less, from Washington Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on October 22, 2007, by Stephen D. Martin, Attorney/Agent For Petitioner, Costner Consulting Company; and WHEREAS, Section 709.03 (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, _~ of the elected members concurring that: Section 1. The City of Dublin will provide the following municipal services for the 5.352 acres, more or less in Washington Township, Franklin 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 3.1 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 2.3 driving miles away at Station 91 on Shier Rings 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 State of Ohio (Ohio Department of Transportation) currently maintains SR 161 in the area of this annexation and will continue to do so at the same levels upon annexation of this property. 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 RECORD OF RESOLUTIONS Blank, Inc., Funn Nu. 30045 Re.rulutinn Nu 65-07(Amended) Page 2 Passed 2U water distribution and sanitary sewer collection systems exist in this area to serve this property. 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~_ day of /1/pye.rnbe f" , 2007. Mayor -Presiding Officer ATTEST 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. De~Cty Clerk of Council, Dublin, Ohio RECORD OF RESOLUTIONS 66-07 (Amended) Resolution No. Pnssed zn A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 5.352 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 (PETITIONER: COSTNER CONSULTING COMPANY; PROPERTY ADDRESS, 7679 POST ROAD, DUBLIN, OH 43016) ~I _I 0 c• o ~~~ ~~~ r; ~~-a -er. R e e ~ m' v. e_ ~' ~~ ~ ~. ., e, e o -O C ~ n ~' y • i p~~ d~ d o o. ~• s o S ~~ ~~ _. m WHEREAS, a petition for an Expedited II method of annexation of 5.352 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 22, 2007, by Stephen D. Martin, Attorney/Agent for Petitioner, Costner Consulting Company; 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 temtory 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 temtory 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 n 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 along the west side and is adjacent to Washington Township on all other sides. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State ofOhio, /el~~- of the elected members concurring that: Section 1. The City of Dublin hereby adopts the following statement for the 5.352 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 temtory 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 RECORD OF RESOLUTIONS Resolution No. 66-07(Amended) Page 2 ,o Passed township from which [he 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 temtory. Section 2. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this day of /V p (J ~{Y~~, 2007. Mayor -Presiding Officer ATTEST: Clerk of Council Costner Annexation -- w~ MEMORIAL DRIVE 2a ~ G~~ o ~A9 z-~ ~'° -~ v.~ JEROME ~~ TOWNSHIP '~~ PO' .OV~~\N~ 111,`•` UNION COUNTY P~ _ ~~, ..~, FRANKLIN COUNTY t••••~••~..~.,~..~,.~ ~, -. , l ITE I o - ~'`,,~~ ~ DUBLIN ~i ~ -- .l ~, ~'~ ~ \~~FISH ~~E!~ ~__ v l1 -- o - ~--" v WASHINGTON _ _ ,:. ~ ~ TOWNSHIP ': ' _ -~` ~`` ~'~ DUBLIN ~~~~ - - ---- -- - -- `~ ~~ - ~, ' _ ~: ~ - - - '~ ----- _ - ==1 j j-' ~ I ~ 1 ~/ _ - -, - ` _~ ~~ 1~ ` -- Costner Annexation ~. f- 0 750 1,500 Feet ,', - - PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on ~ ~~ ~ 1 2007, by and between Costner Consulting Company, formerly known as Digital Imaging Solutions Company and Panasonic Copier of Central Ohio, Inc. ("Costner Co."), an Ohio corporation, and the City of Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties"). RECITALS WHEREAS, Costner Co. is the owner of certain real property located on 7679 Post Road in Washington Township (the "Property"), being more fully described in the Franklin County Auditor's information attached as "Exhibit A" and incorporated herein; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of Dublin; and WHEREAS, Costner Co. desires to annex the Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property in order to obtain and serve the economic potential of the Property and surrounding roadway for its citizens and residents. WHEREAS, Costner Co. desires to develop the Property as Mixed Use Employment Emphasis as provided for by the Community Plan's Future Land Use Map with the intent to use the Property as office space . NOW THEREFORE, in consideration of the mutual promises and covenants contained ~, therein, and intending to be legally bound, tl-ie Parties hereby agree as follows: r~ n ~- ~1. Annexation: Dublin will provide assistance to Costner Ca. in annexing the Property to ~ ~~e City. This assistance will include, but not be limited to, the assistance of Dublin's ~ ~, ~ ~.aw Department in any annexation proceedings. -~ ~ o ~ ~. Dublin will prepare and hereby agrees to file a petition to annex the Property to .~ • o ,~ GI 'c the City pursuant to the provisions of Ohio Revised Code Section 709.02 et seq. •~ _ ~ by either the regular or expedited annexation method to be decided at the sole = _ discretion of Dublin. o ~ 0 0 - = Y. The petition will be filed with the Franklin County Commissioners. u~ . d ' a - c. Dublin shall file the petition for annexation within fourteen (14) days of execution o -~ ~ of this Agreement by the t'arties, with the Parties' understanding that (i) it will not a ~ be binding upon Dublin until such time as the City Council of Dublin has passed J m ~ legislation approving and authorizing this Agreement after two (2) readings of the .;~ n~ S L ~~ ~ -,, 'a, ~ '~oso~~~oa 1 .Z d `~ ?-. ~ a n ...~ -~ -a requisite legislation and a 30 day waiting period after an affirmative vote at the second meeting, and (ii) if such legislation is not passed within 180 days after the date Costner Co. executes this Agreement; this Agreement shall automatically be null and void as to all Parties and of no further force or effect. d. Dublin shall enact the statutorily required municipal service resolution and shall provide, if necessary, witnesses for the hearing before the County Commissioners. e. Dublin shall accept the annexation of the Property in the event the County Commissioners approve such petition. Dublin will waive the annexation fee required when annexing land to the City and plans to include the Property in the territory proposed for the Central Ohio Innovation Center. 2. Land Use: Dublin and Costner Co. believe that the annexation of the Property to Dublin would more closely ft within the development parameters set by Ordinance OS-OS for this area identif ed in "Exhibit B". Costner Co. agrees to participate in any future rezoning action prepazed for the Central Ohio Innovation Center. Office uses will be permitted uses in such rezoning. 3. Setbacks and Lot Coverage_ Dublin will support lesser setbacks on the Property if the lesser setback is utilized for building placement and not for a surface or structured pazking and provided proper application to the Planning and Zoning Commission is made. In addition, Dublin will also support seventy percent (70%) lot coverage calculated on a net of Right-of--Way dedication basis for structures, parking and service areas, pedestrian areas, and other hazd- surfaced or paved areas provided proper application to the Planning and Zoning Commission is made and the Property is developed consistent with the development parameters described in Section 2. 4. Ri_g~it-of--Way Dedication: In conjunction with the annexation of the property, Costner Co. will dedicate approximately thirty-two (32) feet of frontage from the Costner property to the City for right-of--way purposes. 5. Utilities: Dublin will extend main water and sewer lines to the Property and Costner Co. will pay its proportionate share of all costs to extend the main lines. The proportionate share of the costs will be determined based on the acreage of the Costner Property as compazed to the total acreage that will be served by the main line extenstion. The proportionate share of the costs shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00) and payment made to Dublin at the time Costner Co. pulls their first taps. Costner Co, will be responsible in constructing the service lines from the main lines to any facilities constructed on the property. Currently, Dublin plans to complete such main utility extension in 2008. 6. Stormwater Easement: The City will provide a 20-foot easement in, over, under, across and through its real property along the shazed property line, as set forth on the attached "Exhibit C " for the purposes of providing access to the stormwater outlet for the Property. Any (HO507770 J } installation of stormwater conveyance (swale, ditch or pipe) in this easement will require approval of the City. 7. Access: As State Route 161 is a state facility, the Ohio Department of Transportation ("ODOT") is responsible for access and management of the roadway. Dublin will provide access to the Property according to ODOT mandates. ODOT has indicated that a single access onto State Route 161 may be permitted due to the existing roadway network in the area. If ODOT determines that the appropriate access point is at the shared property line, the City will provide a maximum of thirty (34) foot by fifty (50) foot cross access easement. The approximate location of this easement is shown on the attached "Exhibit C". If a different roadway network exists in the future and is installed prior to development of this parcel, ODOT reserves the right to re-evaluate the access point. 8. Assignment: Costner Co. may assign the benefits of this Agreement, and delegate its obligations hereunder to any person, partnership, corporation or other entity which is a successor or owner of the Property or any part thereof. 9. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. 10. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. 11. Miscellaneous Terms: Nothing contained herein shall restrict either Costner Co. or Dublin from applying additional incentives to the Property to the extent that is economically feasible to do so. 12. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 13. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 14. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. )H0401J7C.3) '; 15. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the parties hereto. IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and year first above written. COSTNER CONSULTING COMPANY An Ohio Corporation By: Bill Costner Its: President CITY OF DUBLIN An Ohio Municipal Corporation Jane S. Brautigam Its: City Manager (H09D7370.3 y STATE OF c.~~ ~ ~ COUNTY OF ~ /tc~A''"~° : SS Before me a Notary Public personally came Costner Consulting Company, an Ohio corporation, by Bill Costner, its President, who acknowledged the foregoing Agreement as his voluntary act and deed on behalf of the corporation. Witness whereof I have hereunto subscribed my name and affixed my seal on this ~fG day of ~~~ °, 2007. f~'f~-+t Notary Public ~~~ ~. MalLw~cme~ ~,P.:: MMtry PsWit, Ss,1s d Osir ~!' Fleas Mo 6cpratlca Oar.: STATF, OF OHIO sec~ct~n.~A.r COUNTY OF r~f~~~~~~ SS Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Jane S. Brautigam, its City Manager, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this dayof~1,~,~P. ,2007. LINDA L. GLICK Notary Public • State of Ohio Irly Commission Expires May 19, 2009 ~o~omo 3 } RECEIVED NOV - 2 2007 AFFIDAVIT P9~ ' NOW COMES, NELL CHAMBERS, having been first duly sworn, and states and affirms as follows: 1. I have personal knowledge of the facts contained in this affidavit, and I am competent to testify to the matters stated herein. 2. I am a paralegal with the law firm of Schottenstein, Zox & Dunn Co., LPA. 3. On Monday, October 22, 2007, our firm filed an Annexation Petition for property located at 7679 Post Road, Parcel Identification Number 272-000563-00, owned by Costner Consulting Company fka Digital Imaging Solutions Company and Panasonic Copier of Central Ohio, Inc. being Case No. ANX-EXP2 23-07 with the Franklin County Department of Development. 4. I mailed a copy of the Annexation Petition to the Washington Township and City of Dublin Clerks on Monday, October 22, 2007 by Certified U.S. Mail (see attached copies of receipts for said service and a copy of the letter). 5. I sent a copy of the Annexation Petition to the adjacent property owners on Monday, October 22, 2007 by regular U.S. Mail and on Wednesday, October 31, ~H09~60_'6J ~ 2007 by Certified U.S. Mail (see attached copies of receipts for said service and a copy of the letter). 6. In my letter to the adjacent property owners, I advised them that the legal description and map of the property were attached to the Annexation Petition and that they could view the case at the Franklin County Department of Development, 280 East Broad Street, Columbus, Ohio 43215 (see attached copy of letter). 7. Affiant further sayeth naught. Nell ambers ~~ ~oVern{~r Sworn to before me and subscribed in my presence, this day of-9s~el~e~; 2007, in the County of Franklin, in the City of Columbus, in the State of Ohio. SEAL ~ -, ,~ Not Publi My commission expires: ~o` c9~.` KATHY L. STILES Notary Public, State of Ohio '~ ~`` ~' My commission expires 0512512009 S'T~TF'OF O~~O . ~ H0976020. I) '~ SZD SCNOTTENSTEIN ZOX & DUNNroan NELL CF{AMBERS 61a/~62.1090 FAX - 6141228-a681 E-MAIL NCHAM BERS(i+J52D COM October 22, 2007 VIA CERTIFIED U.S. MAIL Joyce Robinson, Township Clerk Washington Township 6200 Eiterman Road Dublin, Ohio 43016 Anne C. Clark, Clerk Dublin City Council 5200 Emerald Parkway Dublin, Ohio 43017 Re: Annexation Petition for Property Located at 7679 Post Road Dear Clerks: Enclosed is an Annexation Petition for property located at 7679 Post Road, Parcel Identification Number 272-000563-00, owned by Costner Consulting Company fka Digital Imaging Solutions Company and Panasonic Copier of Central Ohio, Inc. Should you have any questions, please do not hesitate to contact me directly. Sincerely, a~~~ Nell bers, Paralegal Encl. cc: Tricia C. Bell, Esq. (H0975S64.7 ~ 250 West Street, Columbus, Ohio 43115 ~ Voice: 614.461.2700 ~ Fox: 614.461.5135 ~ www.szd.com