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Home My WebLink AboutResolution 70-14RECORD OF RESOLUTIONS Da L"B � N o. IONS 70-14 ResoledionNo. _ Passed 20 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 2.7 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 H method of annexation of 2.7 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 August 6, 2014 by Jackson B. Reynolds, III, agent for Petitioner Jay W. Liggett, David W Patch, Jr., Valerie N. Finch, and William S. Darling; 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 south and, adjacent areas to the north and south and east are unincorporated Washington Township territory. NOW, THERCFORE, BE IT [ORDAINED or RESOLVED] by the Council of the City of Dublin, f i of its elected members concurring, that: Section 1• The City of Dublin adopts the following statement for the 4.6 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 RECORD OF RESOLUTIONS l ei 8l . M .. Fa W. 3 70 -14 Resolution No. Page 2 of 2 Passed 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. �rl I I i Section 2. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. I+ Passed this day of (. a q k5T 2014. ayor - Presiding Officer Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager \&%-- Date: August 7, 2014 Memo Initiated Steve Langworthy, Director Land Use and Long Range Planning By: Paul Hammersmith, P.E., Director of Engineering /City Engineer Gary P. Gunderman, Planning Manager Barbara Cox, P.E., Engineering Manager — Development Re: Resolution 69 -14 - A Resolution adopting a Statement of Services for a Proposed Annexation of2.7 acres More or Less from Washington Township, Franklin County by Jackson B. Reynolds, III, agent for Petitioner Jay W. Liggett, David W Patch, Jr., Valerie N. Finch, and William S. Darling. (Case No. 14 -075 ANNEX). Resolution 70 -14 - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses And Zoning Buffer for a Proposed Annexation Of 2.7 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. Request for Fee Waiver from Jackson B. Reynolds, III Background On August 6, 2014, agent Jackson B. Reynolds, III, filed an annexation petition on behalf of Jay W. Liggett, David W Patch, Jr., Valerie N. Finch, and William S. Darling. The petition is for 2.7 acres, more or less of land, located north of and adjacent to the Village of Amblin, east of and adjacent to the Railroad Tracks, in Washington Township. The petition was filed pursuant to R.C. 709.023, 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. 69 -14 and 70 -14 have been prepared for these purposes and for your consideration. Memo re. Resolutions 69 -14 & 70 -14 August 7, 2014 Page 2 of 5 Liggett Annexation August 2014 Memo re. Resolutions 69 -14 & 70 -14 August 7, 2014 Page 3of5 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 2.7 acres, more or less, and includes undeveloped right - of -way which is not likely to be utilized for Right of Way purposes and will likely be vacated as part of development review in the City of Dublin. The proposed annexation also includes .3 acres of New York Central Lines Railroad Right of Way. Fee Waiver The applicant has requested that the City waive the annexation fees of $3,700. Staff supports this request in keeping with some previous city annexations where property in a township island was proposed for annexation. Background ZONING The current Washington Township zoning classification for this property is Village Center Overlay District, which allows for single family housing on smaller lots of 10,800 square feet. Upon annexation, the property will be automatically zoned R Rural District, under the Zoning Code of the City of Dublin. This could allow up to four single family residence on this property without any re- platting of the property. The adjacent properties are either parcels that front Rings Road and have houses that help make up the Village Amblin area on the south or are the open fields currently mostly used for agricultural purposes on the north and east. FUTURE DEVELOPMENT AND COMMUNITY PLAN The Dublin Community Plan calls for this location to be one of the Village Centers. This is intended to provide daily retail, major grocers and other conveniences to serve the Dublin community within a 3 to 5 -mile radius. Village Centers incorporate moderately -sized nodes of commercial activity. Integrated office uses are encouraged in a manner appropriate to the overall area. Mixed Residential uses are encouraged and should be integrated to facilitate pedestrian activity and to provide support for commercial uses. Building heights generally range from one to 2.5 stories, consistent with historic development character. It is also possible that this area could be proposed for development with adjacent land to the north which has been an area of interest in the last two years Memo re. Resolutions 69 -14 & 70 -14 August 7, 2014 Page 4 of 5 The Community Plan anticipated annexing this area. This site is currently vacant except for unused sheds. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located 4.13 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 located 2.69 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. • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. • WATER DISTRIBUTION The property is located within Dublin's exclusive annexation area of the Water Service Agreement with City of Columbus. This site will be served by the extension of public water mains installed by development to the north of this area that will connect to a 12 -inch water main that will be installed along future Churchman Road. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within Dublin's exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is located within the tributary area of the Cramer North trunk sewer. Service to this property will be provided by the construction of new sanitary sewer to the north that will connect to an existing 10 -inch sanitary sewer along Marmion Drive. • STORMWATER MANAGEMENT AND FLOODPLAIN This property is located in an area that is not identified to have any existing floodplain or stream corridor protection zone present. The property has limited topography and drains generally west to east. Memo re. Resolutions 69 -14 & 70 -14 August 7, 2014 Page 5 of 5 Any proposed development of this property will be required to comply with Chapter 53, Stormwater Regulations. It should be noted that there are likely existing drain tiles that will need to be accommodated by any proposed storm sewer system. • ROADS AND STREETS Within the annexation area there are existing platted rights of way for two street and three alleys. These areas are unimproved rights of way that do not contain any actual street or alleys. These rights of way will very likely be vacated at a later date by an appropriate act of City Council and may require action from Franklin County to fully vacate the rights of way. 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 and a motion for a fee waiver. Upon City Council's approval, these resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation of the 2.7 acres, more or less and approval of a fee waiver. NOTICE OF FILING OF ANNEXATION PETITION TO: Anne Clarke, City of Dublin Clerk 5200 Emerald Parkway Dublin, OH 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 6 day of August, 2014, 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 2.7 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: U /v/ J son B. Reynol , III gent for Petitione s RECEIPT OF THE AFOREMENTI ED DPCUMENT(S) IS HEREBY ACKNOWLEDGED THIS l a day of ' �'f , 20 schott- liggett- filepet.not (nct) 8/4/14 F:Docs /s &hannex/2014 f/ Z yE RKf 6 P"FFICE Iwo AUG 0 6 2: logo CLERK OF COUNCIL CITY OF DUBLIN EXPEDITED TYPE II PEIMON FOR ANNEXATION (SECTION 709.023) TO THE CITY OF DUBLIN OF 2.7 ACRES MORE OR LESS IN THE TOWNSHIP OF WASHINGTON TO THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: 111e undersigned, Petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the te rritory hereinafter described, consisting of 2.7 acres with a total perimeter boundary of 1,658', more or less, in the Township of Washington which area is contiguous along 873 or 52.6 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 frill 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 four (4) OWNER(S) OF REAL ESTATE. Jackson B. Reynolds, III, whose address is 37 West Broad Street, Suite 460, 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 m his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment m 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 LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS ENTRY OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM M DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS By Jay W. Liggett Trust — Jay W. David W. P eh, J . Valerie N. Finch William S. Darling Page 1 of 1 achott- liggea -OW-pa (nct) 6111114 F: DocaftMannex/2o14 6/0 0141 Liggett, Trustee yoo�/ RECEIVED AUG - 6 2014 Franklin County Planning Department Franklin County, OH Christopher Howard Craig J & Terry J Vlies David May Matthew I Wolfe 7006 Rings Road P.O. Box 83 7012 Rings Road Dublin, OH 43016 Amlin, OH 43002 Dublin, OH 43016 272-000043 272-000044 272 -000039 Harold F Jr. & Catherine D Elson Lois A Parsell Northwest Chapel Grace Brethren Chu P.O. Box 33 6930 Rings Road 6700 Rings Road Amlin, OH 43002 Dublin, OH 43016 Dublin, OH 43016 272 - 000049 272- 000050 272- 000051 Patricia A Gallup Nidovi Ltd. Joseph A Bucci Jr. 6960 Rings Road P.O. Box 1494 7032 Rings Road Dublin, OH 43016 Dublin, OH 43017 Dublin, OH 43016 272 - 000062 272 -000072 272- 000107 New York Central Lines Tax Dept. 500 Water Street (J -910) Jacksonville, FL 32202 272 -000149 schott- liggett- annex - parcel.lbl (nct) 7/22/14 F:Docs/s &hlabels/2014 CM & Ensbcnmarml Conudpms, hv 2.7 +/-Acre Annexation Situated in the State of Ohio, County of Franklin, Township of Washington, being located in Virginia Military Survey 6953, and also being a portion of Ida m. Cramer's and Others Amended Plat and Addition, as recorded in Plat Book 8, Page 12 -A, and a portion of a New York Central Lines, LLG Right of Way, all records are to the Franklin county Recorder's Office, Franklin County Ohio: Beginning at the Northeasterly corner of said Ida m. Cramer's and Others Amended Plat and Addition being the southerly line of a 29.753 acre tract of land, in the name of Jay W. Liggett, Trustee, as recorded in IN. 200101260016924, and also being an existing Corporation line established by Ordinance No. 27-00 as described in IN.200004270082022; Thence Southerly, with said Easterly One of said Addition, being the Southerly line of said 29.753 ace tract and also being said existing corporation line a distance of approximately 190 feet to the Northerly right of way line of a 15 — foot Alley; Thence Westerly, with a Proposed Corporation Line, being the Southerly One of Lots 7 -14, inclusive, and the Westerly extension thereof, a distance of approximately 558 feet, to the westerly line of a New York Central Lines, I.I.C. fight of Way; Thence Northwesterly, with said Proposed Corporation Line being the Westerly line of said Railway a distance of approximately 227 feet to an Existing Corporation Line established by Ordinance No. 99-01 as described In IN. 200110110234982; Thence Easterly, partly with said Existing Corporation line then with said Existing Corporation Line established by Ordinance No. 27-00 being the Northerly line of said Addition and the Westerly extension thereof, also being Southerly line of said 29.753 acre tract and the Westerly extension thereof, passing a Southerly corner of said Existing Corporation Line established by Ordinance No. 99 -01 at approximatey 115 feet in the Easterly One of said Railway, a total distance of approximately 683 feet, to the Place of Beginning containing approximately 2.7 acres more or less. 8740 Orion Place, Suite 100 1 Columbus. OH 43240 1 p: 614 -540 -6633 f: 614 -540 -6638 1 www.cecinc.com O / `1 0 1, - 1-0141 RIJEFFF16% ; J John J. Raab, P.S. 7863 Date y t` • •• ?fSTEP j�,: ••'• ";0NAL SV�.`'�� . suss RECEIVED VED ANNEXATION PLAT&DBC wn0N JUN 0 2 2014 ACCCPfABLE Pis F RANKLIN COMMy EN , R RenM OM* f w .as 8740 Orion Place, Suite 100 1 Columbus. OH 43240 1 p: 614 -540 -6633 f: 614 -540 -6638 1 www.cecinc.com RImNI I.r- sM�slwvl -ms oMw �+'ex,^urMr/ 6sAl �aV7ury - �A Q O A ee -Z4 1 0 Z N N a a 9 9 11 o Sb �� m y ° 0 � 6e t y � E {� �0m5 � a 3f1N3PV O O x n - g g l=I >O �MM+Dt� y Z S_ y 1 s y 4 Igo � O - mo a W I N 0 0— P : F ? m Si 65 ; T v yy) 3m 3ry aN003s OR •41nn,pd _. Z QQ 0 Z yy ss O O 0 0 O� OD " I ll " AQb ,tA%b 170 Z. + = k Mranklln County Where Government Works commiasionere 11.1lyn Brown, President Paula Brooks Jahn O'Grady Economic Development 6 Planning Department James Economic Director Application for Annexati ® Petiti ®n Property Information Address Site Address 6960 Rings Road, Dublin, OH 43016 Parcel ID(s) Toted Acreage 272 - 100/113/63/208/131 2.7 acres From Township To Munidpdity W ashinittgn Dublin Property Owner Information Name see attached list Address Phone Fax# Emal Attorney /Agent Information Name Jackson B. Reynolds, III c/o Smith 6 Hale LLC Address 37 West Broad Street, Suite 460 Columbus, OH 43215 Phone 221 -4255 Fax# 221 -4409 Email jre yn olds @smithandhale.com fi Ls BUG - 6 ?014 The following documems must accompany this application on latterstred 8'A" x 11" paper Er � descriptlon of property 2 of property 10 List of adjacent properiles Waiver of 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 PROCEDURE. Property Owner Date Property Owner Date Property Owner Date Property Owner Date 150 South Front Street, FSL Suite 10, Columbus, Ohio 43215- 7104 Tel: 614 -525 -3094 Fax: 614-525-7155 www.FranklInCountyChio.gov Frar lain Caunz` 'taw), JE•.�alTnlBnl' Franklin ^ry,-n! f�l: ®Franklin County Where Government Works Commissioners Marilyn Brown, President Paula Brooks John O'Grady Economic Development & Planning Department Samos S Immer, Director Application for Annexation Petition Property Information Address Site Address 6960 Rings Road, Dublin, OR 43016 Parod ID(s) Faxq 221 -4409 Totel Aampe 272 - 100/113/63/208/131 2.7 acres From Township To Municipality W ashinaton Dublin Property Owner Information Name see attached list Address Phone # Fax p Emm7 Attorney /Agent Information Name Jackson B. Reynolds, III c/o Smith S Hale LLC Address 37 West Broad Street, Suite 460 Columbus, OR 43215 Phone re 221 -4255 Faxq 221 -4409 Emil jreynolds @smithandhale.com The following documems must accompany this application M latter-slrad 8 %"x 11" paper i epl description of property 2 " MMap /plat of property L7 List of adjacent properties Waiver of Right 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 PROCEDURE. Property Owner Date Property Owner Date Property Owner Date Property Owner Date 150 South Front Street, FSL Suite 10, Columbus, Ohio 43215- 7104 Tel: 614 -525 -3094 Fax: 614 - 525 -7155 www.FranklInCounty0hio.gov Franklin Court.} !an l y j(-.partnli rranv!ir "(): r)); JEFFREY L. BROWN SMITH & HALE LLC GLEN A. DUGGER ATTORNEYS AND COUNSELORS AT LAW JACKSON B. REYNOLDS, III DAVID L. HODGE 37 WEST BROAD STREET COLUMBUS, OHIO 43216-4199 www.smithandhale.com 614/221 -4255 The City of Dublin City Council Attn: Anne Clarke - Council Clerk 5200 Emerald Parkway Dublin, OH 43017 August 6, 2014 RE: Fee Waiver - 2.7t acres - Cramer Street Dear Members of Council: HARRISON W. SMITH. JR. 1926-2009 OF COUNSEL BEN W. HALE, JR. I am requesting a waiver of the annexation for the filing of the 2.7± acre tract located off Rings Road. The subject property is located in a small pocket of land that remains in Washington Township that is encircled by the City of Dublin. The annexation of the ground will reduce the amount of Township area north of Rings Road and west of the Conrail Railroad track. It is my understanding that it is the City's policy to waive the annexation fee in instance where pockets of Township areas within the City's existing boundaries, so on behalf of the owner of the property I hereby request that the annexation fee be waived as the proposed annexation meets the City's policy criteria. Thank you for your consideration of the waiver request and look forward to determination of the request. JBR/nct dublin - schott- liggett.ltr (nct) 8/5/14 F:Docs ECEWE AUG 0 6 H CLERK OF COUNCIL CITY OF DUBLIN Ve 1 your , ( j 4 v� - ckson B. Reyn ds, III