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HomeMy WebLinkAbout128-01 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 128-01 Passed , 2~ AN ORDINANCE DIRECTING THE LAW DIRECTOR OF TAE CITY OF DUBLIN TO PETITION THE COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO FOR ANNEXATION OF APPROXIMATELY 3.36 ACRES OF LAND, LOCATED AT 6950 DUBLIN ROAD, TO THE CITY OF DUBLIN AND REPEALING ORDINANCES NO5.82-01 AND 110-01, AND DECLARING AN EMERGENCY. WHEREAS, the City acquired a 1.79 acre parcel of land in 1991, located at 6950 Dublin Road, from Earl J. and Christine L. Gockenbach as included in the description and depiction in the attached Exhibits "A" and "B"; and WHEREAS, the subject property is owned by the City of Dublin and is located contiguous and adjacent to the City of Dublin; and WHEREAS, the City built a portion of the Emerald Parkway Bridge on said property; and WHEREAS, it is necessary to annex the subject property to the City of Dublin for the purpose of providing emergency services to the portion of the Emerald Parkway Bridge that was recently built on the parcel for the residents of the City of Dublin; and WHEREAS, the Franklin County Engineer's Office made the recommendation to include a portion of State Route #745 (Dublin Road) and a portion of the Scioto River in the annexation petition, thereby bringing the total land area to be annexed to 3.36 acres of land; and WHEREAS, the municipal annexation procedure must be initiated by petition to the Franklin County Board of Commissioners pursuant to Ohio Revised Code Sections 709.14 through 709.16; WHEREAS, it is necessary to repeal Dublin Ordinance Nos. 82-01 and 110-01 based on the revisions in the annexation map as proposed by the Franklin County Engineer's Office and revisions in the legal descriptions prepared by the surveying company; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. Council considers it necessary to annex the subject property to the City of Dublin for the purpose of providing emergency services to the portion of the Emerald Parkway Bridge that was recently built on the parcel for the residents of the City of Dublin. Section 2. The Law Director of the City of Dublin is hereby directed to petition the Franklin County Commissioners for annexation of 3.36 acres of land located in Washington Township, Franklin County, Ohio, in accordance with Ohio Revised Code Section 709.16. Section 3. That this Ordinance is declared to be an emergency measure necessary to protect the health, safety and welfare of the citizens of Dublin, and therefore shall take effect on passage. Passed ~ day of ~ L~'ro ~ G!/- , 2001. M r- Presiding Officer ATTEST: C,'~-cam. - [ Clerk of Council I herehy r;-;tify that ~a~res at tfts Ord~Iaasnce/Rpsaluti~n wale posted in t City of Oublin in auardance wit'I Section 13;,25 of the 01;?a Revised Cade. (~r~.t1~ , C4er of Council, Dublin, Ohio ~ PETITION FOR ANNEXATION TO THE CITY OF DUBLIN, OHIO, OF 3.36 ACRES OF LAND, MORE OR LESS IN THE TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY TO THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO The undersigned, being a majority of the owners of real estate in the territory, hereby petition for the annexation of the territory, described in Exhibit "A," to the City of Dublin, Franklin County, Ohio, according to the statutes of the State of Ohio. The territory consists of 3.36 acres, more or less, and is adjacent and contiguous with the City of Dublin. Attached to this Petition, in Exhibit "B," is an accurate plat map showing the boundaries of the territory sought to be annexed. There is ONE (1) OWNER OF REAL ESTATE, the City of Dublin, in the territory sought to be annexed. Stephen J. Smith, City of Dublin Law Director, Schottenstein, Zox & Dunn, 41 South High Street, Suite 2600, Columbus, Ohio 43215, (614) 462-2249, is appointed agent for the petitioner as required by R.C. 709.02, with full power to amend, increase or decrease the area, to do any and all things essential thereto, and to take any action necessary for obtaining the granting of this Petition, without expressed consent of the petitioner. The agent's authority includes, but is not limited to, the authority to make any amendment and/or deletion in order to correct any discrepancy or mistake noted by the Franklin County Engineer in his examination of this Petition, description and plat. An amendment for that purpose shall be made by presentation of an amended plat and description to the Board of County Commissioners on, before, or after the date set for hearing of this Petition. Dublin City Council enacted Ordinance No. 128-O1 on October 15, 2001 authorizing the Law Director to file this Petition to annex the territory. A certified copy of Ordinance No. 128- 01 is attached hereto as Exhibit "C." Petitioner's Name Address Date l o i "7 0~ City of Dublin, Ohio 5200 Emerald Parkway Dublin, Ohio 43017 $y_ L~~~,v' Timothy C. Hansley, City Manager RECEIVE D .lOaEr~P-f +~r'. TESTA OCT 1 ~ ?nn1 t=~2';k~K ' 'C3@.fi~'CY t~U~OTOR (H0122264. I ~ ~Y LtiYJ' ~~'7tiTY AUDITOW August 8, 2001 Approximately 3.36 Acres located in Washi~zgtou Township, Franklin County, Olzio, to he A~tnexed to the City of Dublin, Ohio t.~ Situated in the State of Ohio, County of Franklin, Township of Washington, being part of the Scioto River, part of State Route #745 (Dublin-Bellepoint Road), part of Lots 17 and 18, and all of Lot 16 of Luther Mitchell's Scioto Shores Subdivision of record in Plat Book 18, Page 37, Recorder's Office, Franklin County, Ohio, conveyed to the City of Dublin (Official Records Volume 16726 E-ll, said recorder's Office) and being more particularly described as follows: Beginning at the intersection of the north line of said Lot 16 extended easterly with the easterly bank of said River, in a westerly line of the City of Dublin 5.057 Acre tract, said westerly line of 5.057 Acre tract being an existing City of Dublin. Corporation Line, as established by Ordinance Number 14-65, of record in Miscellaneous Record 138, Page 617, said Recorder's Office; Thence, southerly, along the easterly bank of said River and the westerly line of said 5.057 Acre tract and along said Cor[~oration Line, approximately 167 feet, to the intersection of the easterly bank of said River with the northerly Limited Access Right- of-Way of Interstate Route 270 (Ohio Department of Transportation, FRA-270-7.47N, Sheet 273/275 22/24); Thence, westerly, along said northerly Right-of--Way, across said River, across said Lots 17 and 18, across said State Route #745, approximately 647 feet, to the intersection of said line with the original westerly Right-of--Way of said State Route #745, said Right-of--Way of State Route #745 being an existing City of Dublin Corporation Line, as established by Ordinance Number 13-65, of record in Miscellaneous Record 139, Page 282, said Recorder's Office; Thence, northerly, along said original Right-of--Way of State Route #745 and said Corporation Line, approximately 47 feet, to an angle point in said Right-of--Way; Thence, continuing northerly, along .,aid Right-of--Way and said Corporation Line, approximately 256 feet, to the intersection of said line with the north line of said Lot 16 extended westerly; Thence, easterly, across said State Route #745, along the north line of said Lot 16 and across said River, approximately 632 feet, to the place of beginning CONTAINNING APPROXIMATELY 3.36 ACRES. ~.r ` ~ FRANKLIN COUNTY DEVELOPMENT DEPARTMENT 280 EAST BROAD STREET, ROOM 202 • COLUMBUS, OHIO 4321 $-6304 ~ ~ (61 4) 462-3094 • FAx (61 4) 462-71 BB ~iJy ~ ` y~ WEB ADDRESS: WWW.CO.FRANKLIN.OH.US/DEVELOPMENT 5 CQQ I Q~ DAN/EL .J. /NICHTER~ D/RECTOR A<< THINGS p~~ I~ November 7, 2001 Anne Clarke, Clerk City of Dublin Municipal Bldg. 6665 Coffman Road Dublin, Ohio 43017 Dear Ms. Clarke: Enclosed is the transcript of the proceedings on the petition of The City of Dublin for annexation of 3.36± Acres in Washington Township to the City of Dublin, Ohio. Please acknowledge receipt of the transcript on the enclosed letter and return said copy to: Franklin County Development Department 280 East Broad Street -Room #202 Columbus, Ohio 43215 ATTN: Julie Litteral Sincerely, BOARD OF COUNTY COMMISSIONERS FRANI~L,IN COUNTY, OHIO enclosure l 0 ~l ~V~ FRANKLIN COUNTY BOARD OF COMMISSIONERS ARLENE SHOEMAKER OEWEY R. STOKES MARY JO K/LROY WEB ADDRESS: WWW.CO.FRANKL/N.OH. US/COMM/SS/ONERS//NOEX.HTM a _ I ~O ~ 0 ~ ~ td.E ~ ` ~ vi t+. r.+ ~ ~ `ti ®d~Wi1JQ7 ~ ~ ~ Il" Qa cv p c, ~ ~ ~ U ~ ~ ~ II ~ Z~tu~O ~ ~ o a Zc~V~U v y, ib ~ o a ®~m , a~ Q o tL v .C ~ o ~ •o ~ 0 0 L" N~ ~ r q 0 ~ ~ xo E., ,O V o •6d '8£ l ~a~ u 140 ) 9 ~~!`',~~r~~' ~ H • ~ f/1 • a . jj ? ~ ~ • ~ ~ I C ~ ~i~ ~ . ~ ~ o ~ ~ o , a ~ ~ ~ \ i ~ ~ i \ V C Q • • / (j ~ / 9b 8 l l O l 6 l lO l / n ~ I 1 ~ 3 ~ ~ $ 2 Y - • • O i ~ t w i Y O ~ • V ~ ~ w ~ a , L • O N ~ v~ ~ v ~ ~ ~ ~ o j 3 10 ~ i w : ~ ~ ~ • a ~ L • a ' ~ ~ ~ j J ^ r ~ a, ~ ~ f • • o o • . ~ ~ O N j ~ ~ rJ L I I ~ ~ ~ ~r • ~ • I ~ • ~J ' }y{ 6u,}s,za ~ ~w ~~~'iJ?~C~~ • ~ ~'9~0 •M/b Wu rio • «aZ v : ~ ~ a . 3 ~o . ~ a • o : a • , 1 _ I ~ I o ~r~ - ..~..~e : t ~ ~ • 'v a ~ ~ ~ v Q k ~ ~ ~ i ~ ~ II N ~ p C . i Q V ~ ~ ~ ~ iy ~ n°'~ ~ . o, ~ o ~ ~ v ~ c jj i ~ a: W ~ Q c ~ A i ~ ~ a YY._..~.._..r ~ - ` RECORD OF ORDINA ES Form No. 30043 Dayton Legal Blank, Inc. Ordinance No. 128-01 Passed ~ 20 AN ORDINANCE DIltECTING THE LAW DIRECTOR OF THE CITY OF DUBLIN TO PETITION THE COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO FOR ANNEXATION OF APPROXIMATELY 3.36 ACRES OF LAND, LOCATED AT 6950 DUBLIN ROAD, TO THE CITY OF DUBLIN AND REPEALING ORDINANCES NOS. 82-O1 AND 110-01, AND DECLARING AN EMERGENCY. WHEREAS, the City acquired a 1.79 acre parcel of land in 1991, located at 6950 Dublin Road, from Earl J. and Christine L. Gockenbach as included in the description and depiction in the attached Exhibits "A" and "B"; and WHEREAS, the subject properly is owned by the City of Dublin and is located contiguous and adjacent to the City of Dublin; and WHEREAS, the City built a portion of the Emerald Parkway Bridge on said property; and WHEREAS, it is necessary to annex the subject property to the City of Dublin for the purpose of I providing emergency services to the portion of the Emerald Parkway Bridge that was recently built on the parcel for the residents of the City of Dublin; and WHEREAS, the Franklin County Engineer's Office made the recommendation to include a portion of State Route #745 (Dublin Road) and a portion of the Scioto River in the annexation petition, thereby bringing the total land area to be annexed to 3.36 acres of land; and WHEREAS, the municipal annexation procedure must be initiated by petition to the Franklin County Board of Commissioners pursuant to Ohio Revised Code Sections 709.14 through 709.16; WHEREAS, it is necessary to repeal Dublin Ordinance Nos. 82-01 and 110-01 based on the revisions in the annexation map as proposed by the Franklin County Engineer's Office and revisions in the legal descriptions prepared by the surveying company; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. Council considers it necessary to annex the subject property to the City of Dublin ~ for the purpose of providing emergency services to the portion of the Emerald Parkway Bridge that was recently built on the parcel for the residents of the City of Dublin. a, Section 2. The Law Director of the City of Dublin is hereby directed to petition the Franklin ~ County Commissioners for annexation of 3.36 acres of land located in Washington Township, Franklin County, Ohio, in accordance with Ohio Revised Code Section 709.16. Q O Section 3. That this Ordinance is declared to be an emergency measure necessary to protect the health, safety and welfare of the citizens of Dublin, and therefore shall take effect on passage. a ~ r, ~ Passed day of (~G'~o ~ ~f/ , 2001. I ~ - o o 4 c o _ M r- Presiding Officer s. s _ ~ 0 ATTEST: ' Clerk of Council ,~awrrnr~rvrtir ._,m.~ r - - n*~~~ 4,.._ a a August 8, 2001 Appro_rimately 3.36 Acres located in {']Uaslt111gt01t Township, Franklin Corulty, Olrio, to he AJm~Yed to tl:e City of Dublin, Ohio Situated in the State of Ohio, County of Franklin, Township of Washington, being part of the Scioto River, part of State Route #745 (Dublin-Bellepoint Road), part of Lots 17 and 18, and all oFLot 16 of Luther Mitchell's Scioto Shores Subdivision of record in Plat Book 18, Page 37, Recorder's Office, Franklin County, Ohio, conveyed to the City of Dublin (Official Records Volume 16726 E-11, said recorder's Office) and being more particularly described as follows: Beginning at the intersection of the north line of said Lot 16 extended easterly with the easterly bank of said River, in a westerly line of the City of Dublin 5.057 Acre tract, said westerly line of 5.057 Acre tract being an existing City of Dublin Corporation Line, as established by Ordinance Number 14-65, of record in Miscellaneous Record 138, .Page 617, said Recorder's Office; Thence, southerly, along the easterly bank of said River and the westerly line of said 5.057 Acre tract and along said Corporation Line, approximately 167 feet, to the intersection of the easterly bank of said River with the northerly Limited Access Right- of-Way of Interstate Route 270 (Ohio Department of Transportation, FRA-270-7.47N, Sheet 273/275 22/24); Thence, westerly, along said northerly Right-of--Way, across said River, across said Lots 17 and 18, across said State Route #745, approximately 647 feet, to the intersection of said line with the original westerly Right-of--Way of said State Route #745, said Right-of--Way of State Route #745 being an existing City of Dublin Corporation Line, as established by Ordinance Number 13-65, of record in Miscellaneous Record 139, Page 282, said Recorder's Office; Thence, northerly, along said origi~lal Right-of--Way of State Route #745 and said Corporation Line, approximately 47 feet, to an angle point in said Rigllt-oF Way; Thence, continuing northerly, along said Right-of--Way and said Corporation Line, approximately 256 feet, to the intersection of said line with the north line of said Lot 16 extended westerly; Thence, easterly, across;said State Route #745, along the north line of said Lot 16 and across said River, approximately 632 feet, to the place of beginning CONTAINNING APPROXItbIATELY 3.36 ACRES. . ~.y ~~yy~~ ;e.,,,,,, .r~.' ' N ~ I ~1 ~ 3~ 71~ g~ o - mi ~•a~ y O ~ •,d~ ~ •.h. . jj i.T V+ Q I n Iii,. 9 ~n ,~.R s: . ' 3~ ~ I~ ee*-~ 139. P zee) 6' ~ ~yqM\' \ \ . ~ C \ \ \ ~ ` ~ n N . ~ \ Y LOT t ~~\\\l``' r \ 9 LOT 18 ' `:\~T ~ ~ . D ~ . U ~ . pp~n Core U^rP yN j X A 7 _C P9 n O O x n ~ ~ ~ ~ G ~ G p O ~ N ~ at O ~ .7• N o y c w c n $ ~ ~ ~ w oq 1 ^ ~ d m > C ~ ~ J ^ `7 n n ~ J O O .x_I '1 Iv 7 ' m Q 9 n ~ ^A o ~ ~ m O ~ ~ ~ „ O O ^ cn Qj~ a y u 1 b ~ I ~ n ~ ~ O m 3 i _ S f October 30, 2001 RESOLUTION NUMBER 1198-01 HEARING ON PETITION TO ANNEX ~,F 3.36+ ACRES IN WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN, OHIO BY THE CITY OF DUBLIN FIXED FOR WEDNESDAY, NOVEMBER 7, 2001 AT 10:00 A.M. CASE #ANX-79-O1 WHEREAS, the Board of County Commissioners of Franklin County, Ohio, are presented the petition for annexation of certain adjacent territory to the City of Dublin, Ohio, filed by The City of Dublin, signed by Timothy C. Hansley, City Manager for the City of Dublin, and appointing Stephen J. Smith, as agent for the said territory being described as follows: Situated in the State of Ohio, County of Franklin, Township of Washington, being part of the Scioto River, part of State Route #745 (Dublin-Bellepoint Road), part of Lots 17 and 18, and all of Lot 16 of Luther Mitchell's Scioto Shores Subdivision of record in Plat Book 18, Page 37, Recorder's Office, Franklin County, Ohio, conveyed to the City of Dublin (Official Records Volume 16726 E-11, said Recorder's Office) and being more particularly described as follows: Beginning at the intersection of the north line of said Lot 16 extended easterly with the easterly bank of said River, in a westerly line of the City of Dublin 5.057 acre tract, said westerly line of 5.057 acre tract being an existing City of Dublin Corporation Line, as established by Ordinance Number 14-65, of record in Miscellaneous Record 138, Page 617, said Recorder's Office; Thence southerly, along the easterly bank of said River and the westerly line of said 5.057 acre tract and along said corporation line, approximately 167 feet, to the intersection of the easterly bank of said River with the northerly Limited Access right-of--way of Interstate Route 270 (Ohio Department of Transportation, FRA-270-7.47N, Sheet 273/275 22/24); Thence westerly, along said northerly right-of--way, across said River, across said Lots 17 and 18, across said State Route #745, approximately 647 feet, to the intersection of said line with the original westerly right-of--way of said State Route #745, said right-of--way of State Route #745 being an existing City of Dublin Corporation Line, as established by Ordinance Number 13-65, of record in Miscellaneous Record 139, Page 282, said Recorder's Office; Thence northerly, along said original right-of--way of State Route #745 and said , corporation line, approximately 47 feet, to an angle point in said right-of--way; Thence continuing northerly, along said right-of--way and said corporation line, approximately 256 feet, to the intersection of said line with the north line of said Lot 16 extended westerly; Thence easterly, across said State Route #745, along the north line of said Lot 16 and across said River, approximately 632 feet, to the place of beginning, CONTAINING APPROXIMATELY 3.36 ACRES. WHEREAS, together with a map of said territory accompanying said petition filed with the Board of County Commissioners, Franklin County, Ohio, on October 19, 2001, be and the same are hereby filed in the Office of the County Auditor; . . ~ WHEREAS, the Ohio Revised Code in Section 709.031 stipulates that the County Commissioners can ask the County Engineer for a report on the accuracy of the map or plat; now, therefore, upon the motion of Commissioner Kilroy seconded by Commissioner Shoemaker BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: Section 1. That a hearing upon said petition shall be held in the County Commissioners' . Hearing Room, 26th Floor of the Franklin County, Courthouse at 10:00 A.M. on November 7, 2001; and Section 2. That the Zoning Director to the Board of County Commissioners be and hereby is directed to notify the agent of the petitioners of the time and place of said hearing; and Section 3. That the map or plat of The City of Dublin is hereby referred to the County Engineer of Franklin County, Ohio, for the checking of its accuracy of description. Voting Aye thereon: I .STOKES,PRES NT ARLENE SHO R MAR JO ILROY BOARD OF COUNTY COMMISSIONERS e;~... FRANKLIN COUNTY, OHIO Voting Nay thereon: DEWEY R. STOKES, PRESIDENT ARLENE SHOEMAKER MARY JO KILROY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO DJN:jI c: Journal Development Department HE~iESY CERTIFY THAT THE ABA1,~E !5 A T ~ C~~~~ aF REBO'~4.:3'1.:~~1 NU, ~ 1 . 1 A+~`~F"~:.~ x"Wi`t' F1~ANl~L1N COUNTY BO RA D OF C i~~ii~1~l± ~ b ~ ~ ~ ~ N,. November 7, 2001 RESOLUTION NUMBER 1271-O1 RESOLUTION TO APPROVE THE PETITION OF THE CITY OF DUBLIN OF 3.36+ ACRES IN ~ WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN, OHIO -CASE #ANX-79-O1 WHEREAS, the Commissioners of Franklin County, State of O 'o, proceeded on the 7`~ day of November, 2001 to hear the petition of The City of Dublin, October 19, 2001, and having in open hearing heard all persons desiring to be heard for or ainst the granting of the petition, and having considered all the facts with reference thereto, g fully advised, and WHEREAS, the Commissioners make the following findings based pon the exhibits and testimony presented at the hearing of this matter: 1. The Petition contains all of the matters required by Ohio Revised Code Section 709.02 including, without limitation: A. A full description and accurate map or plat of the territory to be annexed; B. A statement of the total number of owners of real estate in the territory to be annexed; C. The name of the person to act as agent for the petitioner. 2. The territory sought to be annex is adjacent and contiguous to the City of Dublin, Ohio. 3. Notice of the petition and the h 'ng has been published as require~by law, and all notices of filing the petition and the hearings thereon have been given and delivered as required by law. 4 The persons whose names are subscribed on the petition are owners of real estate in the territory sought to be annexed, and as of the time the petition was filed, the number of valid signatures on the petition constituted a majority of the owners of real estate in the temtory proposed to be annexed. 5. The map or plat and the description of the territory contained in the petition are accurate. 6. The City of Dublin has complied with Division (B) of Ohio Revised Code Section 709.031. 7. The territory sought to be annexed is not unreasonably large. 8. The general good of the territory sought to be annexed will be served if the annexation petition is granted and the annexation is allowed. Therefore, upon the motion of Commissioner Shoemaker seconded by Commissioner xilroy BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANIZI,IN COUNTY, OHIO: That the prayer of the Petition be APPROVED, 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. I ,,.,ag i Voting Aye thereon: DEWEY OKES, PRES ENE SHOE R MARY J KIL OY BOARD OF COUNTY CO SSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: i DEWEY R. STOKES, PRESIDENT ARLENE SHOEMAKER MARY JO KILROY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO DJN:jI c: Journal Development Department i !i I -v~. !i - s I November 7, 2001 TO THE CLERK OF THE CITY OF DUBLIN ,OHIO We, the members of the Board of County Commissioners of Franklin County, Ohio, pursuant to Ohio Revised Code Section 709.033, do hereby certify that the papers hereto attached constitute the original papers and true transcript of all proceedings had by the Board of County Commissioners of Franklin County, Ohio, in connection with the petition filed by The City of Dublin, owning real estate within the territory sought to be annexed; praying for the annexation of certain adjacent and contiguous territory in Washington Township to the City of Dublin, Ohio, as described in said petition filed October 19, 2001. Certifying these papers to be true: DEWS .STOKES, PRESID ARLENE SHO R MARY J OY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Sharon Bice, Clerk DJN:jI c: Journal Development Department 1 Flla?~E~Y DE'~~tFY Ti-1;~~' Tl°sE A~3011E A TRUE RND OF ~;~=~O1sU3`f0~`~ NO. 4_s.~--~- ~ CO~1R~=0~" C.?: ADO~~-ED, EY °~y~ FRANKLIN ~OU DOARD OF COlUl~18~lOtVERS ON Tape #267 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS REZONING AND ANNEXATION HEARING November 7, 2001, 10:00 A.M. The Franklin County Board of Commissioners convened in the Commissioners' Conference Room at 10:00 A.M. on Wednesday, November 7, 2001, present were: Dewey R. Stokes, President Arlene Shoemaker, Commissioner Mary Jo Kilroy, Commissioner Daniel J. Nichter, Director Development Department -Executive Secretary Commissioner Stokes opened the meeting, which was followed by the swearing in of all witnesses by Director Nichter. The first order of business being approval of the Minutes of the October 3, 2001 Board of County Commissioner's Annexation and Boundary Change Hearing. Commissioner Shoemaker moved to approve, seconded by Commissioner Kilroy. The Minutes were unanimously approved. The second order of business being Resolution No. 1261-01. Commissioner Stokes read the case for the record: Rezoning Case #ZON-O1-12: Request to rezone 0.276 acres from a Limited Industrial District (LI) to a Community Service District (CS). Renee Esses, Planner with the Franklin County Development Department presented the case to the Board stating the property is located approximately 60 feet north of the intersection of Harrisburg Pike and Big Tree Drive, known as 1473 Harrisburg Pike in Franklin Township. The Applicant, Three-C Body Shop, Inc., applied for a rezoning in order to expand their Body Shop repair business. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The third order of business being Resolution No. 1109-01. Commissioner Shoemaker made the motion to remove the case from the table, seconded by Commissioner Kilroy. Commissioner Stokes read the case for the record: Annexation Case #ANX-43-O1: Petition to annex 4.964+ Acres in Madison Township to the City of Columbus, Ohio. By Robert Y. Farrington, Applicant/Agent. Director Nichter presented the case to the Board stating all technical requirements have been met. The property is contiguous to the South. Mr. Farrington, 1 x Applicant/Agent stated that his son wants to build a home on the property. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The fourth order of business being Resolution No. 1115-01. Commissioner Shoemaker made the motion to remove the case from the table, seconded by Commissioner Kilroy. Commissioner Stokes read the case for the record: Annexation Case #ANX-SI-O1: Petition to annex 4.536+ Acres in Prairie Township to the City of Columbus, Ohio. By RCSH Development, Ltd. Agent: Brent D. Rosenthal, Attorney. Director Nichter stated the Agent is requesting the case tabled until December 5, 2001 due to lack of proof of service to Columbus Clerk. Commissioner Shoemaker made the motion to table, seconded by Commissioner Kilroy. The case was unanimously tabled by a 3-0 vote. The fifth order of business being Resolution No. 1262-O1. Commissioner Stokes read the case for the record: Annexation Case #ANX-52-O1: Petition to annex 5.8+ Acres in Prairie Township to the City of Columbus, Ohio. By Cornerstone Baptist Church. Agent: Hamson W. Smith, Jr. Director Nichter presented the case to the Board stating all technical requirements have been met and there are no right-of--way issues. Attorney Jackson B. Reynolds, III stated the Church is looking to expand their existing operation. Commissioner Shoemaker: When will the sewer line be expanded? Attorney Reynolds: It is scheduled for 2002. Commissioner Stokes: Are they going to widen the road? Attorney Reynolds: Yes, plans for expansion from Norton & Big Run South. Grove City is interested because of schools. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The sixth order of business being Resolution No. 1263-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-53-O1: Petition to annex 2.7+ Acres in Jefferson Township to the City of Gahanna, Ohio. By Gary E. Green, et al. Agent Franklin E. Eck, Jr., Attorney. Director Nichter presented the case to the Board stating all technical requirements have been met. Attorney Eck stated: We are requesting annexation primarily for sewer & water. ~ Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was approved by a 3-0 vote. The seventh order of business being Resolution No. 1264-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-54-O1: Petition to annex 13.8+ Acres in Jackson Township to the City of Grove City, Ohio. By Robarco, Inc. Agent: Donald T. Plank, Attorney. Director Nichter presented the case to the Board stating all technical requirements have been met. This annexation consists of numerous parcels, one owner. Tributary of Scioto River to the North. Attorney Franklin E. Eck, Jr., Agent, stated the applicant seeks annexation to the City. The service resolution has passed. Fire protection will remain with the township. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved b~ a 3-0 vote. The eighth order of business being Resolution No. 1265-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-55-O1: Petition to annex 20.9± Acres in Franklin Township to the City of~Columbus, Ohio. By Joseph S. Dallas, et al. Agent: Frederick J. Simon, 2 i ~ _ Attorney. Director Nichter presented the case to the Board stating all technical requirements have been met. The address of the property is 3291 McKinley Avenue. This property is contiguous to the City to the South and East. Right-of--way is included. This annexation consists of one owner/numerous parcels. Commissioner Shoemaker: Will this be impacted by the widening of Trabue Road? Director Nichter: Perhaps the Engineer's Department could answer that question. Commissioner Stokes: Dan, will the corner lot on McKinley and Trabue be effected? Attorney Simon: Whatever right-of--way issues we have we'll have to deal with it when we file for rezoning with the City of Columbus. We are requesting annexation due to the trailer park needing to connect to the sewer lines. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The ninth order of business being Resolution No. 1266-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-56-O1: Petition to annex 9.0+ Acres in Jefferson Township to the City of Gahanna, Ohio. By Park National Bank, Trustee, et al. Agent: Harrison W. Smith, Jr., Attorney. Director Nichter stated all technical requirements have been met. Attorney Jackson B. Reynolds, III, Agent stated: We are seeking annexation for water & sewer, which is not available through the township. The water line was extended years ago, but not far enough to reach this site. There were never any plans to extend the sewer. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The tenth order of business being Resolution No. 1267-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-57-O1: Petition to annex 96.2+ Acres in Prairie Township to the City of Columbus, Ohio. By Paul R. Gutheil, et al. Agent: Harrison W. Smith, Jr., Attorney. Attorney Jackson B. Reynolds, III, Agent stated they are requesting this case tabled, due to Columbus not providing a Service Resolution. Commissioner Shoemaker made the motion to table, seconded by Commissioner Kilroy. The case was unanimously tabled by a 3- 0vote. The eleventh order of business being Resolution No. 1268-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-58-O1: Petition to annex 115.399+ Acres in Jackson Township to the City of Grove City, Ohio. By William F. Lotz, Sr., Trustee, et al. Agent: Stephen J. Bowshier, Attorney. Director Nichter presented the case to the Board stating all technical requirements have been met. Attorney Bowshier stated: the petition was filed in order to obtain water service. 100% of the owners are being represented. All technical requirements have been met. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The twelfth order of business being Resolution No. 1269-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-59-O1: Petition to annex 40.3+ Acres in Jackson Township to the City of Grove City, Ohio. By Frank X. Asbeck, III, et al. Agent: Jim Brundage. Director Nichter presented the case to the Board stating this property is contiguous to the East and has floodway issues to the North. Site address: 2566 Hoover Road. Mr. T.A. Ward: All technical requirements have been met. We have 100% of the signatures. The city has provided agreement for sewer & water. Fire protection will remain in the township. Mr. Brundage, Agent: The area is in the floodplain and will be maintained as open space. There is a 3 pond on-site that will be reshaped for water retention. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The thirteenth order of business being Resolution No. 1270-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-60-O1: Petition to annex 10.64+ Acres in Washington Township to the City of Columbus, Ohio. By Mary E. Hubbell, Trustee, et al. Agent: Franklin E. Eck, Jr., Attorney. Director Nichter presented the case to the Board stating all technical requirements have been met. The site address is: 5157 Wilcox Road. Attorney Eck stated: This is a 100% owner annexation. Technical requirements have been met. There is a need for sewer & water, which is the reason for annexing. The owner wants to increase development potential. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. The fourteenth order of business being Resolution No. 1271-01. Commissioner Stokes read the case for the record: Annexation Case #ANX-79-O1: Petition to annex 3.36_+ Acres in Washington Township to the City of Dublin, Ohio. By The City of Dublin. Agent Stephen J. Smith, Attorney. Director Nichter presented the case to the Board stating this petition is brought by The City of Dublin. Contiguity is to the East & West. Right-of--way is included. Attorney Corey Colombo stated: Dublin is the only landowner. The reason for this annexation is because it is completely surrounded by the City and is owned by the City. Commissioner Shoemaker made the motion to approve, seconded by Commissioner Kilroy. The case was unanimously approved by a 3-0 vote. There being no further business to come before the meeting, Commissioner Stokes adjourned the meeting at 10:55 A.M.. Minutes of the November 7, 2001, Rezoning and Annexation Hearing approved this 5~` day of December, 2001. - Y R. TOKES, P~.ES,l~ENT ' , / / ARLENE SH MAKER _ , J~ MARY KIi,ROY _ BOARD OF COUNTY COI~~NIISSIONERS FRANKLIN COUNTY, OHIO 4 ~ } J November 7, 2001 RESOLUTION NiJMBER 1271-01 I RESOLUTION TO APPROVE THE PETITION ~ OF THE CITY OF DUBLIN OF 3.36+ ACRES IN WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN, OHIO -CASE #ANX-79-O1 I WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded ~i,t. 7`~ day of November, 2001 to hear the petition of The City of Dublin, filled October I ~af'• ~ . and having in open hearing heard all persons desiring to be heard for or against tl,e ~ranti7~~ the petition, and having considered all the facts with reference thereto, besng filly aci~-ised, ;?i:;i WHEREAS, the Commissioners _make the following findings based ~ pon the exhibits ~1nc1 testimony presented at the hearing of this matter: I 1. The Petition contains all of the matters required by Ohio Revised Code Section including, without limitation: A. A full description and accurate map or plat ~~1~ !I:~, territory to be annexed; B. A statement of the total number of owners of real estate in c::c territory to be annexed; C. The name of the person to act as agent for the petitioner. 2. The territory sought to be annex d is adjacent and contiguous to the City of Dublin, Ohio. 3. Notice of the petition and the hearing has been published as requ~re~ by law, and all notices of filing the petition and the hearings thereon have been given and cleliver~..:~= required by law. 4 The persons whose names are subscribed on the petition are owners of real estate i;. territory sought to be annexed, and as of the time the petition was filed, the ru:r„hf~r valid signatures on the petition constituted a majority of the owners of real c'.~tr1tC. i;; territory proposed to be annexed. 5. The map or plat and the description of the territory contained in the petition are acc:ur:,tc: 6. The City of Dublin has complied with Division (B) of Ohio Revised Code Section 709.03 l . 7. The territory sought to be annexed is not unreasonably large. 8. The general good of the territory sought to be annexed will be served if the annexati:~s; petition is granted and the annexation is allowed. Therefore, upon the motion of Commissioner Shoemaker seec~rzc,ect Commissioner Kilroy ~ BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FR ~1N1~1.i~~ COUNTY, OHIO: That the prayer of the Petition be APPROVED, and the territory sought to lie ac,nexc~cl by the petition filed herein shall be annexed to the City of Dublin, Ohio, in accc~: cianc with the law; that the orders and proceedings of this board relating to the Petition, tt;,c~ map and description attached thereto, and all papers on file relating to this ~~atter s~,, delivered forthwith to the Clerk of Council, City of Dublin, Ohio. _ _ 1 Voting Aye thereon: l - . - DEWEY R. S~'OKES, PRESIDEN~i' y r ~ ENE SHOEMAKER MARY JO KILROY BOARD OF COUNTY COMMISSI(INI~.RS FRANKLIN COUNTY, OHIO Voting Nay thereon: DEWEY R. STOKES, PRESIDENT i ARLENE SHOEtilAKER MARY JO KILROY BOARD OF COUNTY COMMiSSIC~r~E!?~~ FRANKLIN COUNTY, OH[O DJN: jl c: Journal - Development Department wr.~