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33-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 33-06 Ordinance No. Passed 20 AN ORDINANCE TO ACCEPT AN ANNEXATION OF 95 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (JJK COSGRAY, LLC, RINGS ROAD). WHEREAS, on March 7, 2006, the Franklin County Commissioners approved the Expedited Type 2 annexation petition for 95 acres, more or less, from Washington Township, Franklin County, to the City of Dublin, as filed on January 24, 2006 by Harrison W. Smith, Jr., Agent for Petitioner Jonathan E. Kass, Manager, JJK Cosgray, LLC, 150 East Broad Street, Suite 800, Columbus, Ohio 43215; 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 ORDAINED, by the Council of the City of Dublin, State of Ohio, T of the elected members concurring: Section 1. That the petition for the annexation of 95 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 ~ day of , 2006. ~}e~-~ -Mayor - P esiding Offi r 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. uty Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 M e m o CITY OF DUBLIN_ To: Members of City Council From: Jane S. Brautigam, City Manager Date: May 31, 2006 Initiated By: Gary P. Gunderman, AICP, Assistant Director of Land Use and Long Range Planning Re: Ordinance 33-06 -Accepting an Annexation of 95 Acres, More or Less, From Washington Township, Franklin County to the City of Dublin. (JJK Cosgray, LLC -Rings Road) Summary This proposed annexation is for a total of 95 acres and includes 7.298 acres of 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 04-06 and 05- 06 were passed by City Council on January 9, 2006. 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 95 acres. This hearing took place on March 7, 2006 and the Commissioners approved the annexation with Resolution 187-06. A copy of the resolution is attached. Per Ohio Revised Code, sixty days after the Clerk of Council receives record of the county resolution, legislation shall be scheduled on City Council's next regular meeting to accept or reject the annexation petition by ordinance or resolution. If approved, Ordinance 33-06 will be effective 30 days after passage and the property will be incorporated into the City of Dublin. 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. Completion of this annexation will extend the city boundary to the edge of the City of Dublin's exclusive annexation area in the Southwest corner of that service area. Recommendation Staff recommends approval of Ordinance 33-06, accepting the annexation of 95 acres, more or less, in Washington Township, Franklin County to the City of Dublin. March 7, 2006 RESOLUTION NUMBER 187-06 REVIEW OF PETITION TO ANNEX 95.0 ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY JJK COSGRAY LLC. CASE #ANX-EXP2-OS-06. WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize the petition that JJK Cosgray LLC filed on January 24, 2006 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 meets 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 temtory. 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 temtory proposed for annexation the services specified in the relevant service ordinance # 13-06, passed on February 6, 2006 by the Ciry of Dublin Council. Therefore, upon the motion of Commissioner Kilroy seconded by Commissioner Stokes 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 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. Voting Aye thereon: MAR J KILROY DEWEY STOKES PAULA BROOKS, PRESIDENT BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: s "~~;Cr3Y t'F1~?"' ~'~'+qT ~'I~iE A..~?nVE 1S A TRUE AND MARY JO KILROY P"t~~.I. C~?1~~Y ~ R~:uOLt1T40i~~ #!aC). ~U _ ~1i...15''" ~ +'~"Y~r 1 ~'7% E"!"11~i:~ii+a~_~f~ ~%~~.,~-7~ €.~vR~ i~l9f'~'S10iV R O / o~ DEWEY R. STOKES lER PAULA BROOKS, PRESIDENT BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO RLB C: Economic Development & Planning Department NOTICE OF FILING OF ANNEXATION PETTI'ION TO: Anne Clarke, Council Clerk City of Dublin 5200 Emerald Parkway Dublin, OH 43016 In accordance with the provisions of Section 709.023 of the Ohio Revised Code, you are hereby notified that, on the 24`h day of January, 2006, 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 95.0 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. f ~ ~ Dated: 1 Z , Harrison W. Smith, Jr. ~ Agent for Petitioners RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~7 day of T 20~_- C K'S OFFICE E: Docs\s&hannex\2006\micarmel2-mun. not EXPEDITED TYPE 1I PETITION FOR ANNEXATION (SECTION 709.023) TO THE City of Dublin OF 95A ACRES MORE OR LESS 14 q: l~ fN THE TOWNSHIP(S) OF Washington RECrIU~G TO THE BOARD OF COUNTY COMMISSIONERS OF Franklin COUNTY, OHIO: The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of 95:0 acres with a total perimeter boundary of 15.716' ,more or less, in the Township(s) of Washington which area is contiguous along 1.914 or 12 % and adjacent to the Citv oT 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 foil 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 islare within the territory so prayed to be annexed one OWNER(S) OF REAL ESTATE. Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 725, Columbus, Ohio 4321 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 in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the Franklin County Engineer in his examination of the Petition and Plat. Said amendment shall be made by the presentation of an amended plat and description to the Board of County Commissioners on, before, or after the 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 CN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM IT5 DUTIES REQUIRED BY .LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME _ _ DATE ADDRESS - f-i e-o ~ iso E. 6,~a~1 S?rcc~F 3Su+7-c gds .~K osgray L C Mr,ra'er G' P.docs~s&hanncx12006~95.0-expedited.pct (Ii5~06) pvp ANNEXATION 95.0+/- ACRES TO: CITY OF DUBLIN FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, VIRGINIA MILITARY SURVEYS N-UMBER 6953 AND 7835, BEING ALL OF THE REMAINDER OF AN ORIGINAL 40 ACRE TRACT CONVEYED AS PARCEL I, AND THE 50.45 ACRE TRACT CONVEYED AS PARCEL II TO JJK COSGRAY, LLC BY DEED OF RECORD IN INSTRUMENT 200511020231056, AND PART OF RINGS ROAD AND ~OSGRAY ROAD, (ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKI.,Il~I ~OUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY LINE OF THE TRACT CONVEYED TO DAVID HOWARD GEASE BY DEED OF RECORD IN OFFICIAL RECORD 11577 Fll, AT THE COMMON CORNER OF THE 26245 ACRE TRACT CONVEYED TO SUBURBAN IMPROVEMENT OF COLUMBUS, INC. BY DEED OF RECORD IN INSTRUMENT NUMBER 200412170285825 AND SAID 50.45 ACRE TRACT, BEING AN ANGLE POINT II~ THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED BY ORDINANCE NUMBER 99-01, AND RECORDED IN INSTRUMENT NUMBER 200110110234970; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 1905 FEET, WITH THE EASTERLY LINE OF SAID 50.45 ACRE TRACT, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (99-01), TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1146 FEET, WITH SAID NORTHERLY RIGHT-OF- WAY LINE, TO THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 497 FEET, WITH SAID WESTERLY RIGHT-OF- WAY LINE, TO A POINT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 10 FEET, WITH SAID WESTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1276 FEET, WITH SAID WESTERLY RIGHT-OF- WAY LINE, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (99-01), TO A POINT; THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 107 FEET, ACROSS SAID COSGRAY ROAD, AND WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (99-01), TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE THEREOF; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 977 FEET, WITH SAID EASTERLY RIGHT-OF- WAY LINE, TO A POINT; TIIENCE EASTERLY, A DISTANCE OF APPROXIMATELY 10 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE SOUTFERLY, A DISTANCE OF APPROXIMATELY 222 FEET, WITH SAID EASTERLY RIGEIT-OF- WAY LINE, TO A POINT; "THENCE WESTERLY, A DISTANCI: OF APPROXIMATELY 10 FEF,T, WITH SAID EASTERLY RIGHT-OF-WAY LINE, TO A POINT; AlvivEXA"TION 95.0+/- ACRES -2- THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 333 FEET, WITH SAID EASTERLY RIGHT-OF- WAY LII~IE, TO THE INTERSECTION OF SAID EASTERLY RIGHT-OF-WAY LINE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY IO FEET, WITH SAID NORTHERLY RIGHT-OF- W AY LINE, TO A POINT; THENCE SOUTHERLY, ACROSS SAID RINGS ROAD, A DISTANCE OF pPPROXIIvIATELY 289 FEET, WTTH SAID EASTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY IO FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 266 FEET, WITH SAID EASTERLY RIGHT-OF- WAY LINE, TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID COSGRAY ROAD, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE THEREOF; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 346 FEET, WITH SAID WESTERLY RIGHT-OF- WAY LINE, TO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 3409 FEET, WITH SAID SOCJTIIERLY RIGHT-OF- WAY LINE, TO A POINT; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 227 FEET, ACROSS SAID RINGS ROAD, AND WITH A WESTERLY LINE OF THE REMAINDER OF SAID ORIGINAL 40 ACRE TRACT, TO A POINT; TI-IENCE WESTERLY, A DISTANCE OF APPROXIMATELY 306 FEET, WITH A SOUTHERLY LINE OF THE REMAINDER OF SAID ORIGINAL 40 ACRE TRACT, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF IIOUCHARD ROAD; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 872 FEET, WITH SAID EASTERLY RIGHT-OF- WAY LINE, TO A POINT II~1 A NORTHERLY LINE OF THE REMAINDER OF SAID ORIGINAL 40 ACRE TRACT; THENCE, WITH THE LINES OF THE REMAINDER OF SAID ORIGINAL 40 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: EASTERLY, A DISTANCE OF APPROXIMATELY 820 FEET, TO A POINT; NORTHERLY, A DISTANCE OF APPROXIMATELY 3SI FEET, TO A POINT; EASTERLY, A DISTANCE OF APPROXIMATELY 582 FEET, TO A POINT IN TIIE WESTERLY LINE OF SAID 50.45 ACRE TRAC"I ; "I~HENCE NOR"I~HERLY, A DISTANCE OF .APPROXIMA"I'ELY 518 FEET, WITH SAID WESTERLY LINE, TO A NOR"I'IIWESTERLY CORNER OF SAID _>"0.45 ACRE TRACT; ANi~IEXATION 95A+1- ACRES -3- THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1157 FEET, WITH THE NORTHERLY LINE OF SAID 50.4 ACRE TRACT, TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 95.0 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED TRANSFER. ON & TILTON INC. ,'~P-~E.OF py/,, EVANS, ECHWART, NAMBLET ~ ~ • • p ; ( j ~ = JAMES yt = PEARSALL AMES M. PEARSALL DATE = ~ = 7840 = ~ = ~ o = o ; REGISTERED SURVEYOR N0.7840 •••`.cc+srER`G= -'~~SS~~NAL Sv~~~''~` JM P: jem/1an06 ~ ~ ~ u ~ ~ n ~ 95 0 ac annex 50798.doc rrrvrv~tu ANNEXA TION OF 95.0E ACRES TD THE CITY OF DUBLIN FROM WASHINGTON TOWNSH/P, FRANKLIN COUNTY, OHIO VIRGINIA M/L/TARP SUR I/EYS No. 7835, 6953, & 14150-14400 TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY, OHlO III ~ De.ip ,.e,ere G.e,. OR 1)31) FJI III ;Q Pro TlT-000010 L: 11J1't / Svnvroon rmpro.wnfn! oI )0)Y CNUmevA rnc 16.745 Ac. rrv. POOIIT/10165613 Pi0 771-0000653 ~I I lrfloe B Imirm,r )rv,r.. /////~/J / Pro 177-00013. 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JER ME TOWN COS ra Annexation g Y U ION OUN ~6~ ~ ~ ~ ~ ~ ~ , FRA KL I N Po r R Ao ~ i UN , ~ ~ I, ~ ~ RO D~U~BLI ~I 1ME~'E ~ ~ DUBLIN ~ ,i rt ~ _ i .SHIER-RINGS OA - - i ~ 't=~',-'~~ ' ~ i G~} Pending _.~uB ` ~ 1 Annexation ~ NER- O I , Mp~E ROA P nding ~ II ~ ~ ~ I Geas -`Whitener ! c~ An exation O ~ 1 ? o I D r i ~ R A© r r ~ f - i RWGS ROAD ~ ~ I ~ ~ I ~ Pe~ding ' ~~41~ I , i ~ LI Carmsl- Wuertz - Annexation I----- r ~ ~-r r WAS ETON l TOWNSHIP ~ ~ 2,000 1,0 0 2,000 Feet' Office of the City Manager CITY OF DUBLIN. 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of City Council From: Jane S. Brautigam, City Manager-~,,..~ 5. iJ Date: February 2, 2006 Initiated By: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer Daniel D. Bird, FAICP, Director of Land Use and bong Range Planning,) Gary P. Gunderman, AICP Assistant Director of Land Use and Long Ran~'__"ing Barbara A. Cox, P.E., Assistant Director ofEngineering - Development~p- Stephen J. Smith, Director of Law Re: Resolution 13-06 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 95.0 Acres, more or less, from Washington Township, Franklin County, to the City of Dublin, Ohio. Resolution 14-06 - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 95.0 Acres, More or Less, from Washington Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.023(C) of the Ohio Revised Code. Summary On January 24, 2006, attorney/agent Harrison W. Smith Jr. filed an annexation petition on behalf of petitioner Jonathan E. Kass, Manager, JJK Cosgray LLC. The petition is for 95.0 acres more or less of land, located along the north side of Rings Road between Cosgray and Houchard Roads 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 adopt an ordinance or resolution relating to municipal services within twenty days after the petition is filed. Second, within twenty days 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 13-06 and 14-06 have been prepared for these purposes and for your consideration. The Franklin County Commissioners will grant the proposed annexation, without a hearing, if neither the municipality nor the township object to the annexation by ordinance or resolution Memo to laity l;ounctl Re: Resolutions 13-06 and 14-06 February 2, 2006 -Page 2 within twenty-five days of the petition being filed. If neither the municipality nor the township objects, 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 95.0 acres more or less, including pieces of the right-of--way of 7.298 acres on Rings and Cosgray Roads. This annexation will fill in a gap between two pending annexations to the north and south of this site. Background ZONING AND COMMUNITY PLAN The current Washington Township zoning classification for this property is R-SRR Semi-Rural Residential District, which allows agricultural and single-family dwellings on a minimum of five acres. Upon annexation, the property will be automatically zoned R-Rural District, under the Zoning Code of the City of Dublin. This would allow farm operations and single-family dwellings on a minimum five-acre lot on this property. The Community Plan anticipated this area would not be annexed unti12010. The adopted Future Land Use Map calls for medium density residential, one to two dwelling units per acre for the entire tract. The existing adjacent properties include: largely undeveloped property to the north, west, and south, and scattered housing and a mobile home park to the east with some adjacent areas to the east developed in the Amlin area. FUTURE DEVELOPMENT Part of this area was shown on the plan presented by the Edwards Land Company showed Single Family Residential in this area. Until the City takes action on the annexation, no land use planning for this area will be considered. The site is currently vacant. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.98 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. • FIIZE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. The closest station is less than 3.4 miles away on Shier-Rings Road. The annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the City with similar land use and population. Memo to (;ity Council Re: Resolutions 13-06 and 14-06 February 2, 2006 - Fage 3 • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. If the property develops as a commercial use, a hired collection service will be necessary for solid waste removal. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas of the City. • WATER DISTRIBUTION These properties are located within the exclusive annexation area of the Water Service Agreement with City of Columbus. Currently, the nearest public water in the City of Dublin is located within the Ballantrae subdivision along Rings Road. A waterline will have to be extended to serve this property. • SANITARY SEWER (WASTEWATER) COLLECTION The properties are located within the exclusive annexation area within the Sanitary Service - Agreement with City of Columbus. These properties are located within the tributary area the Upper Scioto West Subtrunk sewer. Sewer will have to be extended to serve this site. • STORMWATER MANAGEMENT AND FLOODPLAIN These properties are located outside the watersheds as defined by the Stortnwater Master Plan. These properties generally drain to the south and east. The Hayden Run provides the drainage outlet. This property does not contain FEMA designated floodplain. • ROADS AND STREETS The primary roads serving this acreage are Cosgray, Rings and Houchard Roads, which are all classified as scenic roadways on the Thoroughfare Plan. Cosgray Road is classified as a major arterial and is required to have 100 feet of right-of--way according to the Thoroughfare Plan. Houchard and Cosgray Roads are classified as collector roads and are required to have 70 feet of right-of--way. The adopted Thoroughfare Plan shows new portions of Cosgray Road within these properties. Accommodations for right-of--way dedications will be expected. Any new roads or streets dedicated to the City, as a result of the proposed development, would be maintained to the same degree and extent that these public facilities are maintained in areas with similar land use and population. Recommendation: This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the Water and Sewer Agreements with the City of Columbus. Staff recommends approval of the resolutions regarding the Statement of Services and Possible Incompatible Land Uses. Upon City Council's approval, these resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation of the 95.0 acres, more or less. PROPERTY OWNER ATTORNEY JJK Cosgray LLC Jackson B. Reynolds, III 150 East Broad Street, Suite 800 Smith & Hale Columbus, OH 43215 37 W. Broad Street, Suite 725 272-000053 Columbus, OH 43215 IRROUNDING PROPERTY ;VNERS David H. Gease Robert A. & Lynda K. Duhl Grace Jenkins 5713 Cosgray Road 7100 Rings Road 5570 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000019 272-000022 272-000073 Johnny Meade & Amlin United Methodist Church David W. Patch, Jr. Clara J. Meade 5440 Cosgray Road P.O. Box 156 5428 Cosgtay Road Dublin, OH 43016 Amlin, OH 43002 Dublin, OH 43016 272_000106 272-000114 272-000079 Ronald G. & Beverly J. Wilcox Freda Whitmer Florence Wuertz, Tr. P.O. Box 57 8500 Carters Mill Road 7495 Rings Road Amlin, OH 43002 Plain City, OH 43064 Dublin, OH 43016 272-000129 272-000153 272-000159 Washington Township Dorian R. Legg Conrad & Nina Jones yard of Trustees 5510 Cosgray Road 5524 Cosgray Road 65 Wilcox Place, Suite B Dublin, OH 43016 Dublin, OH 43016 blip, OH 43016 272-000186 272-000275 ;2-000162 Sharon Gilliam Francisco LLC Jack L. & Helen M. Culp P.O. Box 72 1600 Fishfinger Road 7188 Rings Road Amlin, OH 43002 Columbus, OH 43221 Dublin, OH 43016 272-000323 272-000333 272-000338 Margaret A. Haney David G. Smith Jeffrey D. Bryner 7590 Rings Road 5456 Cosgray Road 7393 Rings Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000340 272-000377 272-000404 John & Sherri Rister John J. Francisco, Jr. Edwards Golf Communities 3449 Lacon Road P.O. Box 20434 495 South High Street Hilliard, OH 43026 Columbus, OH 43220-0434 Columbus, OH 43215 272-000615 272-000158 274-000304 RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 13-06 Resolution No. Passed . 20 A RESOLUTION ADOPTING A STATEMENT OF ~ SERVICES FOR A PROPOSED ANNEXATION OF 95.0 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (JJK COSGRAY LLC -RINGS ROAD) WHEREAS, an Expedited Type II annexation petition for 95.0 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 January 24, 2006 by Harrison W. Smith, Jr., Agent for petitioner Jonathan E. Kass, Manager, JJK Cosgray LLC, 150 E. Broad Street, Suite 800, Columbus, Ohio 43215; and WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the legislative 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 95.0 acres, more or less, in Washington Township, Franklin County immediately 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 4.98 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 less than 3.3 miles away 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 City will maintain 7.298 acres ofright-of--way in the area of this annexation and will do so at the same levels as other similar streets in the City. 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 the agreements. Conditioned upon the ability of the City of Columbus to provide water supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public water distribution and sanitary sewer collection systems exist in this area to serve this RECORD OF RESOLUTIONS Dayton Leqal Blank, Inc„ Form No. 30045 13-06 Paget Resolution No. passed 2U property. The water distribution and sanitary sewer and wastewater collection will be available to this site within approximately five years. 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 r 2006. V 1 C~Vlayor -Pre ing Officer ATTEST _ ~ ~y 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. Dep Clerk of Council, Dublin, Ohio RECORD OF RESOLUTIONS Dayton Legal Blank Inc Form No 30045 14-06 Resolution No. Passed 20 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES ' AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 95.0 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 (JJK COSGRAY LLC - RINGS ROAD -CASE NO. OS-193ANNEX). WHEREAS, a petition for an Expedited II method of annexation of 95.0 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 January 24, 2006 by Harrison W. Smith, Jr., agent for Petitioner Jonathan E. Kass, Manager, JJK Cosgray LLC, 150 E. Broad Street, Suite 800, Columbus, Ohio 43215; 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 i WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to the north, adjacent areas to the west and east are unincorporated Washington Township and areas to the south are pending annexation to the city at this time. 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 adopts the following statement for the 95.0 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 RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No, 30045 14-06 Page 2 Resolution No. Passed 20 permits uses in the annexed territory that Dublin City Council determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township should land adjacent to the territory be determined to be unincorporated territory. Section 2. 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