43-06 Ordinance RECORD OF ORDINANCES
Dayton Leal Blank, Inc. Form No. 300x3
43-~6 Passed 20
Ordinance No.
AN ORDINANCE TO ACCEPT AN ANNEXATION OF
4.182 ACRES, MORE OR LESS, IN WASHINGTON
TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF
DUBLIN (PETITIONER: LS DUBLIN REALTY, LLC)
WHEREAS, on May 9, 2006 the Franklin County Commissioners approved the
Expedited Type 2 annexation petition for 4.182 acres, more or less, from
Washington Township, Franklin County, to the City of Dublin, as filed on April
4, 2006 by Jackson B. Reynolds III, Agent for Petitioner LS Dublin Realty LLC;
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, l~ _ of the elected members concurring:
Section 1. That the petition for the annexation of 4.182 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.
Mayor -Presiding Officer
Attest:
A,!
w~ ~
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.
puty 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: August 2, 2006
Initiated By: Frank Ciarochi, Interim Director of Land Use and Long Range Planning
Gary P. Gunderman, AICP, Assistant Director of Land Use and Long Range
Planning
Re: Ordinance 43-06 -Accepting an Annexation of 4.182 Acres, More
or Less, from Washington Township to the City of Dublin (LS
Dublin Realty LLC) - Eiterman and Shier Rings Roads)
Summary
This proposed annexation is for 4.182 acres and includes no right-of-way. Per the Ohio
Revised Code regarding annexations, the City of Dublin is required to provide
resolutions stating what services the municipality will provide and that the City will
require a buffer to separate the use of the annexed property if it is incompatible with the
uses permitted under the township zoning on the adjacent unincorporated land.
Resolutions 42-06 and 43-06 were passed by City Council on April 18, 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 petition. This hearing took place on May 9, 2006 and the
Commissioners approved the annexation with Resolution 352-06. (Note: the
Commissioners approved a correction to their record of May 9, 2006 on June 13, 2006.
A copy of that Resolution 469-06 is also attached.)
Per Ohio Revised Code, the transcript of the County Commissioners hearing is
forwarded to the Clerk of the municipal corporation to which annexation is proposed.
The Clerk is required to hold the transcript for a period of 60 days. Following the
expiration of 60 days, at the next regular Council meeting, an ordinance accepting the
annexation is introduced. The Council shall then accept or reject the petition for
annexation within a period of 120 days after the first reading of the ordinance. If
approved at the second reading/public hearing, Ordinance 43-06 will be effective 30
days after passage, and the property will be incorporated into the City of Dublin.
Recommendation
Staff recommends approval of Ordinance 43-06, accepting the annexation of 4.182
acres in Washington Township, Franklin County, to the City of Dublin.
~ry~ r~.~ ulL~
NOTICE OF FILING OF ANNEXATION PETITION
TO: Anne Clarke, Council Cierk
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017
In accordance with the provisions of Section 709.023 of the Ohio Revised Code, you are
hereby notified that, on the 4`h day of April, 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 4.182 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: `
ckson B. Reynolds, I
Agent for Petitioner
RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED
THIS o~ day of d r j / , 20~f~.
.
CLE OFFICE
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NOTICE OF FILING OF ANNEXATION PETITION
TO: Joyce Robinson, Township Clerk
Washington Township
5965 Wilcox Place, Suite B
Dublin, OH 43016
In accordance with the provisions of Section 709.023 of the Ohio Revised Code, you are
hereby notified that, on the 4`'' day of April, 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 4.182 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:
kson B. Reynolds, I
gent for Petitioners
RECEIPT OF~HE AFOREMEN IONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED
THIS ~ day of , 20 C7~
CLE FFICE
F:Docs`s&hannex'2006'~=t.182landstrate~~ies-twp.not (4i3/06-ncp)
AFFIDAVIT OF NOTICE OF FILING OF ANNEXATION PETITION
WITH TOWNSHIP CLERK
STATE OF OHIO }
COUNTY OF FRANKLIN } SS:
Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is the agent for
petitioner(s) in that certain Annexation Petition wherein it is prayed that 4.182 f acres, more or
less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation
Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code
with the Franklin County Board of County Commissioners on the 4~' day of April, 2006. A copy
of the Annexation Petition, map and legal description was served personally on the Township
Clerk of Washington Township on the 4`~ day of April, 2006 by the affiant. Said personal service
on the Washington Township Clerk was done within five (5) days of the filing the Annexation
Petition with the Franklin County Board of County Commissioners according to Ohio Revised
Code Section 709.023.
Further Affiant Sayeth Naught.
l
e JGG~Sro y vl S
Sworn to befog me and signed in my presence; a Notary Public in and for said State and
County on this ~ day of ; \ , 20~j .
Notary Public
o'~~~ s~
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AFFIDAVIT OF NOTICE OF FILING OF ANNEXATION PETITION
WITH MUNICIPAL COUNCIL CLERK
STATE OF OHIO }
COUNTY OF FRANKLIN } SS:
Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is the agent for
petitioner(s) in that certain Annexation Petition wherein it is prayed that 4.182f acres, more or
less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation
Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code
with the Franklin County Board of County Commissioners on the 4`'' day of April, 2006. A copy
of the Annexation Petition, map and legal description was served personally on the Council
Clerk of Dublin on the 4`~ day of April, 2006 by the affiant. Said personal service on the Dublin
Council Clerk was done within five (5) days of the filing the Annexation Petition with the
Franklin County Board of County Commissioners according to Ohio Revised Code Section
709.023.
Further Affiant Sayeth Naught.
ame ~ y~J ~S
Sworn to before me and signed in my presence; a Notary Public in and for said State and
County on this day of ~/`t ~ , 20~~.
Notary Public
a~tM~
t ~WITALE C. FMTRlp(
riolry ~d pllp
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AFFIDAVIT OF NOTICE TO SURROUNDING PROPERTY
OF FILING OF ANNEXATION PETITION
STATE OF OHIO }
COUNTY OF FRANKLIN } SS:
Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is agent for
petitioner(s) in that certain Annexation Petition wherein it is prayed that 4.182 acres, more or
less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation
Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code
with the Franklin County Board of County Commissioners on the 4`t' day of April, 2006. A copy
of the Annexation Petition, map and legal description was mailed by First Class U.S. Mail on the
4~' day of April, 2006 to each of the surrounding property owners shown on the attached sheet
within five (5) days of the filing of the Annexation Petition as required in Section 709.023 of the
Ohio Revised Code.
Further Affiant Sayeth Naught.
r
'a
ame ~~~5~0~1 ~ lY S~
Sworn to before me and signed in my presence; a Notary Public in and for said State and
County on this ~ ~ day of ~t ~ , 20~.
Notary Public
i ~IATAt.E C. P11TRIp(
Of V'
F: Docsls&hannex\2006\landstrategies-anxpet-prop. aff (4/ 18/06-ncp)
EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 7(~1.0~23)
TO THE City of Dublin
OF 4.182 ACRES MORE OR LESS
IN THE TOWNSHIP( OF Washington
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 ~ 4.182 acres with a total
perimeter boundary of 1, 716 ,more or less, in the Townships) of Washington
which area is contiguous along 805' or 47 % 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 full 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 one (1) ~ OWNER(S) OF REAL ESTATE.
Jackson B. Reynolds, III whose address is 37 West Broad Street, Suite 725, 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 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 Frankl ; n 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 ITS DUTIES REQUIRED BY
LAW FOR SAID SPECIAL ANNEXATION PROCEDURE.
NAME DATE ADDRESS
By' ~-._....~...~~~~/t =3~~z--~f<~~' 635 BROOKSEDGE BLVD., WESTERVILLE, OHIO
LS Dublin Rea y LLC - ME ER 43081
Page of
FOR ANNEXATION PURPOSES ONLY
From: Washington Township
To: The City of Dublin
Situated in the State of Ohio, County of Franklin, Township of Washington, in the
Virginia Millitary Survey Number 3452, and being 4.182 acres out of the tract of
land conveyed to LS Dublin Realty, LLC, (Auditor's Tax Parcel Number
272-000356), by the deed recorded in the Recorder's Official Record
200512230270233, and being further described as follows:
Beginning for reference at the Franklin County Monument FCGS 7752 at the
centerline intersection of Shier Rings Road and Eiterman Road, thence with the
centerline of said Eiterman Road (being established as a 90 foot wide Right of
Way), in a northerly direction approximately 70 feet;
thence in an easterly direction perpendicular to the aforementioned Eiterman
Road, a distance of approximately 35 feet to a point on the easterly right of
way of said Road and being the true point of beginning of the land to be
described;
thence in a northerly direction a distance of approximately 422 feet along the
line common to the westerly line of the previously mentioned LS Dublin Realty,
LLC tract, an existing easterly corporation line for the City of Dublin, as
established by Ordinance Number 142-01 and recorded in the Recorder's Official
Record 200507050130816, and said easterly right of way line of Eiterman Road,
to a point at the southwesterly corner of a 4.640 acre tract of land owned by
the Township of Washington Ohio (Offical Record 200402030024250);
thence with the southerly line of said 4.640 acre tract and the northerly line of
said LS Dublin Realty, LLC, in an easterly direction a distance of approximately
377 feet to a point, said point also being the northwesterly corner of a 4.823
acre tract of land owned by the Fellowship Baptist Church of Dublin (Official
Record 18349 B18);
thence in a southerly direction approximately 536 feet with the westerly line of
said Fellowship Baptist Church 4.823 acre tract and the easterly line of
aforementioned LS Dublin Realty, LLC tract to a point on the southwesterly
corner of said Fellowship Baptist Church 4.823 acre tract and on the northerly
right of way line of Shier Rings Road (being 35 feet from the centerline);
thence in a westerly direction approximately 331 feet along the north right of
way line of Shier Rings Road, being a common line of the southerly line of said
LS Dublin Realty, LLC tract and an existing northerly corporation line for the City
of Dublin, as established by Ordinance Number 142-01 and recorded in the
Recorder's Official Record 200507050130816, to a point;
thence in a northwesterly direction approximately 50 feet along the northerly
right of way Shier Rings Road to a point in the easterly right of way of
Eiterman Road, said point being 35 feet east of the centerline thereof and being
the Place of Beginning, containing approximately 4.182 acres, more or less.
The above description was prepared by Professional Surveyor James Page
(S-6034), of Page Engineering, Inc., located at 112 E Fifth Street, Marysville,
Ohio, in March of 2006, from the best available County Records. This
information was not derived from an actual field survey. The above description
is not valid for the transfer of real property, and is not to be utilized in place
of a boundary survey as defined by the Ohio Administrative Code in Chapter
4733-37.
ANNEXATION
PI.A`I' & DECRIP'TIUN
A+CCEPTAI3L>r
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PROPERTY OWNER
LS Dublin Realty LLC
635 Brooksedge Blvd. SURROUNDING PROPERTY
Westerville, OH 43081 OWNERS
272-000356
TPnnifer S Skelton & Jack & Marilyn Seibert Joseph A & Rosemary A Ewing
in T Bendeck 6744 Stone Circle Way 6740 Stone Circle Way
57 Shire Bings Road E Dublin, OH 43016 Dublin, OH 43016
Hilliard, OH 43026 274-001208 274-001209
274-001207
Theodore P & Rosemarie Sekinger Richard P Dipaolo Jr. Carl & Susan M Palmer
6728 Stone Circle Way 6708 Bantry Court 6704 Bantry Court
Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016
274-001212 274-001183 274-001184
Douglas A & Kendall Santa Cruz Fellowship Baptist Church of Dublin Township of Washington Ohio
6700 Bantry Court 6720 Shier Rings Road 5965 Wilcox Place, Suite B
Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016
274-001185 272-000120 272-000619
Bates Property Management Ltd Donald E & Jean A Hoffman 5800 ShierbRinOs Road
5500 Stanley Steemer Parkway 6756 Stone Circle Way Dublin, OH 43016
Dublin, OH 43016 Dublin, OH 43016
272-000130 274-001205 274-001088
F:Docs\s&hlabels\2006\landstrategies-
annex.lbl (3/27/06-ncp)
t-
MINUTES OF ACTIONS
TAKEN IN WRITING AND WITHOUT A MEETING
BY THE SOLE MEMBER OF
LS DUBLIN REALTY, LLC
The undersigned, being the sole Member of LS Dublin Realty, LLC, an Ohio limited tiabilit~
comp y ("Company"}, does hereby take the following actions in writing and without a meeting effective
the ~ day of December, 2005.
The following resolutions regarding the adoption of the Written Declaration, electiun ul the
Manager, and the formation of the Company are hereby adopted:
RESOLVED, that the Written Declaration in the form attached hereto as Exhibit
A be, and it hereby is, adopted as the Written Declaration of the Company and the same
be, and it is, incorporated in the Record of Proceedings of the Company;
FURTHER RESOLVED, Timothy R. Foley is hereby designated as the Manager
of the Company to serve until his successor is duly designated or elected; and
FURTHER RESOLVED, that the Manager of the Company be, and he hereby is,
authorized to pay on behalf of the Company, all usual, customary and reasonable
expenses. incurred in connection with the formation of the Company; and
FINALLY RESOLVED, that the Manager of the Company be, and he hereby is.
authorized to execute such other documents as necessary to establish and maintain bank
accounts in the name of the Company.
The following resolutions regarding the acquisition of certain real property by the Company are
hereby adopted:
RESOLVED, that the Company be, and it hereby is, authorized and directed to
acquire certain real property being a four and seventeen hundredths (4.17) acres parcel,
more or less, located at the northeast corner of the intersection of Eiterman Road and
Shier Rings Road, Dublin, Ohio as such is labeled and identified in the attached Real
Estate Purchase Contract, as amended, attached hereto as Exhibit B (the "Contract"): and
FURTHER RESOLVED, that the execution of the Contract and all other past
actions in pursuit of fulfilling the Contract and acquiring the Property b~ 1 imoth~ R.
Foley on behalf of the Company be, and they hereby are, ratified and adopted by the
Company; and
FURTHER RESOLVED, that the Company be, and it hereby is, authorized and
directed to pursue the closing on the purchase of the Property pursuant to the terms and
conditions of the Contract, and upon further terms and conditions as the Members shall
deem reasonable (the '`Transaction"): and
FURTHER RESOLVED, that ~l-imothy R. Foley be, and he hereby is, authorized
and directed to execute any documents and to take any actions as are reasonably
necessary to adopt, approve, ratil-v or consummate the Transaction_ including, but nub
limited to. the execution at closinc of a Settlement Statement: and
FURTHER RESOLVED, that the Company be, and ii hereby is, authorized and
directed to obtain a loan from FS Real Estate Development, LLC in the amount of up to
One Hundred Twenty Five Thousand and 00/100 Dollars ($125,000.00), for the purpose
of acquiring the Property; and
FURTHER RESOLVED, that the Company be, and it hereby is, authorized and
directed to obtain a loan from National City Bank in the amount of up to Two Hundred
Fifty Thousand and 00/100 Dollars ($250,000.00) (the "Loan"), for the purpose of
acquiring the Property; and
FURTHER RESOLVED, that the Company be, and it hereby is, authorized and
directed to take any actions as are reasonably necessary to induce National City Bank to
provide the Loan, including without limitation, the delivery as collateral for the Loan the
Property or any other assets of the Company as it determines necessary to obtain and
secure the Loan; and
FINALLY RESOLVED, that Timothy R. Foley be, and he hereby is, authorized
and directed to take any future actions as may be necessary to acquire the Property,
including but not limited to obtaining appropriate zoning for the Company~s intended use
of the Property, financing to acquire the Property, pledging the Property to secure the
acquisition of financing, and executing any and all documents reasonably required to
accomplish the acquisition and any required financing.
These minutes constitute a complete record of actions taken by the sole Member of the Compan}
to be effective on the date first set forth above.
MEMBER:
FS REAL ESTATE DEVELOPMENT. LLC, an Ohio
limited liability company
By: ~ ~
thy R. Foley, uthori d Memb
ti \N'Pti0\MI{Gump\I ti RI{AI. I{SI 11. 1~I?VLLUI'MI{N I\LS Ihihlm Kcalt~ ~Mcmhtr \lnuitc, duc
//~a""r /
r t
SMITH ~ HALE HARRISON W SMITH
HARRISON W. SMITH, JR. 1900-197B
BEN W~ HALE, JR. ATTORNEYS ANO COUNSELORS AT LAW
JEFFREY L. BROWN 37 WEST BROAD STREET
GLEN A. DUGGER
JACKSON B. REYNOLDS, III COLUMBUS, OHIO 43215-4199
NICHOLAS C. CAVALARIS
DAVID L. HODGE
614/221-4255
AARON L. UNDERHILL
April 19, 2006
- ~`.~r~
The Franklin County Board of County Commissioners
c/o Franklin County Development Department
280 East Broad Street, Room 202
Columbus, OH 43215
RE: 4.1821 acre annexation to the City of Dublin -filing materials
Dear Commissioners:
1, on behalf of the petitioners, for the annexation of 4.182 acres from Washington
Township to the City of Dublin I hereby file the following documents in accordance with Section
709.023 of the Ohio Revised Code:
1. Affidavit of Filing Petition with Township Clerk(s)
2. Affidavit of Filing Petition with Council Clerk
3. Affidavit of Notice to Surrounding Property Owners
4. Service Resolution #42-06 & 43-06 from the Dublin City Council
It should be noted that the Service Resolution was filed with the Board of County
Commissioners by the 20~' day after the filing of the annexation petition with your office thereby
meeting the timing requirements of Section 709.023 of the Ohio Revised Code.
I look forward to meeting with the Commissioners to review the submitted documents for
the annexation to the City of Dublin as required under Section 709.023(E). If you have any
questions please give me a call.
V t y y urs,
son B. Reynold II
JBR/ncp
Enclosure
F: Docs\s&hannex\2006\landstrategies-fcddanx.ltr
Franklin County
Where Government Works
Commissioners
Mary Jo Kilroy
Dewey R. Stokes
Paula Brooks, President
Economic Development & Planning Department
May 16, 2006
Anne Clarke
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Dear Ms. Clarke:
Pursuant to Ohio Revised Code §709.03.3 (C)(1), enclosed is a certified copy of the transcript of
the proceedings on the petition of LS Dublin Realty LLC for the annexation of 4.182+ Acres in
Perry Township to the City of Dublin, Ohio.
O.R.C. §709.03.3 (C)(1) states:
If the board granted the petition for annexation, the clerk shall deliver a
certified copy of the entire record of the annexation proceedings, including all
papers on file, to the auditor or clerk of the municipal corporation to
which annexation is proposed. (emphasis added)
Two copies of this letter are enclosed. Please acknowledge receipt of the transcript on one of
these letters and return said copy to:
Franklin County Development Department
280 East Broad Street -Room #202
Columbus, Ohio 43215
ATTN: Julie Litteral
The other copy is for your records. ~ ~ ~ ~ ~ -~5
Sincerely, MAY 2 2 2006
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO CLERK Of COUNCIL
CITY Of DUBLIN
280 East Broad Street, Columbus, Ohio 43215-6304
Tel: 614-462-3094 Fax: 614-462-7155 www.FranklinCountyOhio.gov
RESOLUTION NUMBER 469-06 June 13, 2006
RESOLUTION AMENDING THE TITLE OF RESOLUTION
NO.352-06, ADOPTED MAY 9, 2006 TO READ: REVIEW OF
PETITION TO ANNEX 4.182 ACRES FROM
WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY
LS DUBLIN REALTY LLC.
CASE #ANX-EXP2-10-06. (ECONOMIC DEVELOPMENT & PLANNING)
WHEREAS, on May 9, 2006, the Commissioners of Franklin County, State of Ohio, passed
Resolution No. 352-06, which incorrectly noted the above-captioned annexation was from Perry
Township when in fact the annexation was from Washington Township, and
WHEREAS, all other contents of Resolution No. 352-06 were correct.
Therefore, upon the motion of Commissioner Kilroy seconded by Commissioner
Stok_~_~
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN
COUNTY, OHIO:
That the title of Resolution 352-06 is hereby amended to read: Review of petition to annex 4.182
acres from Washington Township to the city of Dublin by LS Dublin Realty, LLC.
Voting Aye thereon: ~
I-~;~~?~t~`r` L ~ - ~~l,'I°. 1~ A.TRUE AND Y~O KILROY ` "
~DUP~~D ~Y "i't~f;^ : a L:i3U~lTl( RU~?RD OF - ~ ~
MiV11SSJ0~I~RS ! . ~ STOKES
PA LA BROOKS, PRESIDENT
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
Voting Nay thereon:
MARY JO K[LROY
DEWEY R. STOKES
PAULA BROOKS, PRESIDENT
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
RLB/daw
May 9, 2006
RESOLUTION NUMBER 352-06
REVIEW OF PETITION TO ANNEX
X4.182 ACRES FROM PERRY TOWNSHIP
TO THE CITY OF DUBLIN BY
LS DUBLIN REALTY LLC.
CASE #ANX-EXP2-10-06. (ECONOMIC DEVELOPMENT & PLANNING)
WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize
the petition that LS Dublin Realty LLC filed on April 4, 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
~I
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
t provided in, section 709.021 of the Revised Code.
f
2. The persons who signed the petition are owners of the real estate located in the
territory proposed for annexation and constitute all of the owners of real estate in that
territory.
~ 3. The territory proposed for annexation does not exceed five hundred acres.
~ 4. The temtory 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 temtory proposed for annexation.
I 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 # 42-06, passed on April 18, 2006 by the City of Dublin Council.
I
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:
MARY O ROY
DEWEY S OKES
PAULA BROOKS, PRESIDENT
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
Voting Nay thereon:
MARY JO KILROY
HGREgY CERTI THAT THE AE30VE !S A TRUE Al~D
;t ERECT COSY F RESOLUTION NO. ~Sa~ -d
~I ?~TEO BY TY. fRANKLIN COUNTY 8(yARD OF DEWEY R. STOKES
;U IS JONER t ~ °~Q
ER
PAULA BROOKS, PRESIDENT
BOARD OF COUNTY COMMISSIONERS
FRANKI..IN COUNTY, OHIO
RLB
C: Economic Development & Planning Department
FOR ANNEXATION PURPOSES ONLY
From: Washington Township
To: The City of Dublin
Situated in the State of Ohio, County of Franklin, Township of Washington, in the
Virginia Millitary Survey Number 3452, and being 4.182 acres out of the tract of
land conveyed to LS Dublin Realty, LLC, (Auditor's Tax Parcel Number
272-000356) by the deed recorded in the Recorder's Official Record
200512230270233, and being further described as follows:
Beginning for reference at the Franklin County Monument FCGS 7752 at the
centerline intersection of Shier Rings Road and Eiterman Road, thence with the
centerline of said Eiterman Road (being established as a 90 foot wide Right of
Way), in a northerly direction approximately 70 feet;
thence in an easterly direction perpendicular to the aforementioned Eiterman
Road, a distance of approximately 35 feet to a point on the easterly right of
way of said Road and being the true point of beginning of the land to be
described;
thence in a northerly direction a distance of approximately 422 feet along the
line common to the westerly line of the previously mentioned LS Dublin Realty,
LLC tract, an existing easterly corporation line for the City of Dublin, as
established by Ordinance Number 142-01 and recorded in the Recorder's Official
Record 200507050130816, and said easterly right of way line of Eiterman Road,
to a point at the southwesterly corner of a 4.640 acre tract of land owned by
the Township of Washington Ohio (Offical Record 200402030024250);
thence with the southerly line of said 4.640 acre tract and the northerly line of
said LS Dublin Realty, LLC, in an easterly direction a distance of approximately
377 feet to a point, said point also being the northwesterly corner of a 4.823
acre tract of land owned by the Fellowship Baptist Church of Dublin (Official
Record 18349 B18);
thence in a southerly direction approximately 536 feet with the westerly line of
said Fellowship Baptist Church 4.823 acre tract and the easterly line of
aforementioned LS Dublin Realty, LLC tract to a point on the southwesterly
corner of said Fellowship Baptist Church 4.823 acre tract and on the northerly
right of way line of Shier Rings Road (being 35 feet from the centerline);
thence in a westerly direction approximately 331 feet along the north right of
way line of Shier Rings Road, being a common line of the southerly line of said
LS Dublin Realty, LLC tract and an existing northerly corporation line for the City
of Dublin, as established by Ordinance Number 142-01 and recorded in the
Recorder's Official Record 200507050130816, to a point;
thence in a northwesterly direction approximately 50 feet along the northerly
right of way Shier Rings Road to a point in the easterly right of way of
Eiterman Road, said point being 35 feet east of the centerline thereof and being
the Place of Beginning, containing approximately 4.182 acres, more or less.
The above description was prepared by Professional Surveyor James Page
(S-6034), of Page Engineering, Inc., located at 112 E Fifth Street, Marysville,
Ohio, in March of 2006, from the best available County Records. This
information was not derived from an actual field survey. The above description
is not valid for the transfer of real property, and is not to be utilized in place
of a boundary survey as defined by the Ohio Administrative Code in Chapter
4733-37.
ANNEXATION
Pf.AT & DECRIPTIUN
ACCEPTABLE
DEAN C. RiNGLE, P.E.. P.S.
F12AiV~K~LIN~/COUNTY ENGIT~E~i:it
Sy ~"T! bale ~~1_._G% .
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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~~,,,,t.~5-+('~
Date: April 13, 2006
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Frank Ciarochi, Interim Director of Land Use and Long Range Planning
Gary P. Gunderman, AICP Assistant Director of Land Use and Long Range
Planning
Barbara A. Cox, P.E., Assistant Director of Engineering -Development
Stephen J. Smith, Director of Law
Re: Resolution 42-06 - A Resolution Adopting a Statement of
Services for a Proposed Annexation of 4.182 Acres, more or
less, from Washington Township, Franklin County, to the City of
Dublin, Ohio.
Resolution 43-06 - A Resolution Adopting A Statement Regarding
Possible Incompatible Land Uses And Zoning Buffer for a
Proposed Annexation Of 4.182 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 April 4, 2006, attorney/agent Jackson B. Reynolds III filed an annexation
petition on behalf of Petitioner LS Dublin Realty LLC. The petition is for 4.182
acres, more or less of land, located at the northeast corner of Eiterman and
Shier-Rings Roads in Washington Township. The petition was filed pursuant to
R.C. 709.023, the "Expedited Type tl" 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
Memo to City Council
Re: Resolutions 42-06 and 43-06
April 13, 2006 -Page 2
annexed is currently subject to either county or township zoning. Resolutions
Nos. 42-06 and 43-06 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 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 4.182 acres, more or less, and includes no right-
of-way.
Background
ZONING AND COMMUNITY PLAN
The current Washington Township zoning classification for this property is SR
Suburban Residential District, which allows agricultural and single-family
dwellings on a minimum of two 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 annexing this area by the year 2010. The
adopted Future Land Use Map calls for Mixed Use Employment Emphasis for the
entire tract. The existing adjacent properties include largely undeveloped
property to the west and the Fellowship Baptist Church to the east. The
Ballantrae development is south across Shier Rings Road and the new
Washington Township building is immediately to the north.
FUTURE DEVELOPMENT
This site is vacant. This area is within the Central Ohio Innovation Center
boundaries. The recently proposed elderly housing for Erickson is the second
property east of this tract.
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 2.5 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
Memo to City Council
Re: Resolutions 42-06 and 43-06
April 13, 2006 -Page 3
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 less than one mile 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.
However, it appears that this property has an existing commercial use or will
have a commercial use. Therefore, they will be required to use a hired collection
service for their solid waste removal.
• WATER DISTRIBUTION
This property is located within the exclusive annexation area of the Water
Service Agreement with City of Columbus. An existing 16-inch water line is
located on the west side of Eiterman Road and a 12-inch waterline exists on the
south side of Shier-Rings Road.
• SANITARY SEWER (WASTEWATER) COLLECTION
The property is located within the exclusive annexation area within the Sanitary
Service Agreement with City of Columbus. This property is tributary to an
existing 8-inch sanitary sewer that is located at the southeast corner of the
property. This was installed by the City with the improvements to the Shier-
. Rings and Eiterman Roads intersection.
• STORMWATER MANAGEMENT AND FLOODPLAIN
This property is located in the Cosgray Creek watershed as defined by the
Stormwater Master Plan. This property generally drains to the northeast into the
Cosgray Creek, which runs along the north property line and provides the
drainage outlet. This property does not contain FEMA designated floodplain for
Cosgray Creek.
• ROADS AND STREETS
The primary roads serving this property are Shier-Rings and Eiterman Roads,
which are both classified as scenic roadways on the Thoroughfare Plan.
Eiterman Road is classified as a collector road and is required to have 70 feet of
right-of-way. Shier-Rings Road is classified as a minor arterial and is required to
have 100 feet of right-of-way.
Memo to City Council
Re: Resolutions 42-06 and 43-06
April 13, 2006 -Page 4
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. Upon City Council's approval, these
resolutions will be forwarded to the Franklin County Commissioners for their
consideration of the annexation.
RECORD OF RESOLUTIONS
, N~
-
i,t-~~<,r<<a~„~ v~ 42-06
- - ~ - ~~r.„ r
~ - _ zo--
A RESOLUTION ADOPTING A STATEMENT OF SERVICES
FOR A PROPOSED ANNEXATION OF 4.182 ACRES, MORE
~ OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN
COUNTY, TO THE CITY OF DUBLIN. ~
WHEREAS, an Expedited Type II annexation petition for 4.182 acres, more or
i less, from Washington Township, Franklin County to the City of Dublin was
filed in the offices of the Franklin County Commissioners on April 4, 2006 by
I~' Jackson B. Reynolds III, agent for Petitioner LS Dublin Realty LLC, 635
Brooksedge Boulevard, Westerville, OH 43081; 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 indicatin what services the munici al cor oration will r vi
9 p o de to the
P
P
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 servi
ce extension area as rovided under the a reem
. p g ents
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.
i
NOW, THEREFO E, 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 4.182 acres, more or less in Washington Township, Franklin County
'i immediately upon the annexation of the area to the City of Dublin, Ohio:
I' Police. The City of Dublin has five police districts and de to s a
~ Y
minimum of five cruisers. The subject annexation is located
approximately 2.5 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 Washin t
on Townshi to rovi
g de fire rotection and EMS
P p P
services to this area of Dublin at the same or similar level n w
o bean
9
provided to other areas of the Cit with similar land use and o ulati
Y p p on.
The closest Washington Township station is located on Shier-Rings
Road, .8 miles from the subject site.
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 th
a area of street and road maintenance. The it
C y
already maintains right-of-way adjacent to this annexation and will
continue to do so at the same levels as other similar streets in the City.
I
I
RECORD OF RESOLUTIONS
~dr„~
~N~~~ d~~~ ~ F~~„~ v~ ,o~a~
~ k~•.,~,r~,~,~„< w~,. _ 42-06 Page 2
- N«.,.,~-d zo
-
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 rovide water su I and to r v'
P pp y p o ide sufficient sanitary sewerage disposal
capacity, sufficient public water distribution and sanita sewer collection
ry
systems exist in this area to serve this 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 immediate) u on assa e a
s
Y P P 9 ,
rovided under
p Section 4.04(a) of the Revised Charter.
i
Passed this ,a ~h day of , 2006.
i
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I%
!I
I
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Sectiun
731.2> of t
he Ohio Revised Code.
I~I~
D uty Clerk of Council, Dublin, Ohio
I
RECORD OF RESOLUTIONS
- _ -
_
- -
~l, >uliuiun N~ . 43-06
- - r~~,,, ~i ~o ,
- - -
- -
j A RESOLUTION ADOPTING A STATEMENT
REGARDING POSSIBLE INCOMPATIBLE LAND USES j
AND ZONING BUFFER FOR A PROPOSED j
ANNEXATION OF 4.182 ACRES, MORE OR LESS, FROM
III WASHINGTON TOWN !
SHIP, 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 Type II method of annexation of 4.182
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
April 4, 2006 by Jackson B. Reynolds III, agent for Petitioner LS Dublin Realty
LLC, 635 Brooksedge Boulevard, Westerville, OH 43081; 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
',i 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
I
townshi
zonin
ur
suant to Cha ter 1
5 Soft
P 9 P p he Ohio Revised Code and
i
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)
sub
~ se uentl becomes su '
q y b ect to munici al zonin and
1 c the munici al ,
P 9. O P
zoning permits uses in the annexed territory that the municipal cor oration I
P
I
determines are clearly incompatible with the uses permitted under t ~
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 permittn the incom atible uses the owner of th
9 P e
annexed territory to provide a buffer separating the use of the annexed
territory and the adjacent land remaining within the township; and I
WHEREAS ursuant to Section 7
09.023 C of
P ( ) the Ohio Revised Code,
I!~ "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 re it !
( ) qu es
i
i that upon annexation, the annexed territory be automatically rezoned to R- i
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 we
st and south, adjacent areas to the north are pending
I
annexation and adjacent areas to the east are unincorporated Washington
Townshi territo
P rY
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of
•hi~, ~f the elected members concurring that:
I
Section 1. The City of Dublin adopts the following statement for the 4.182
i!
acres, more or less, in Washington Township, Franklin County:
Should the territory (a) be annexed and (b) subsequently
',I become subject to zoning pursuant to the Dublin Codified
RECORD OF RESOLUTIONS
- - _
43-06 Page 2
Re.rulutio'i Nu. N<ae~ed ~p
I
Ordinances, and (c) the municipal zoning permits uses in the
annexed territory that Dublin City Council determines are clearly
I
incom atible with the uses ermitted under Curren
P t count or
III P Y
township zoning in the adjacent land remaining in the township
from which the territory was annexed, then the Dublin City
I' 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 territor .
Y
I
Section 2. This resolution shall be effective immediate) u on its assa
e as
Y P P
9
rovided un r
p de Section 4.04 a of the Revised Charter.
Passe
~ this ~ day •f Y/ ~ , 2006. ~
c-L..c
Mayor -Presiding Officer
I~,
ATTEST:
i
nn
(~Y~_
Clerk of Council
i
I,
i
I
i
i
i
i
I
i I hereby certify that copies of this
Ordinance/Resolution were posted in thr
City of Dublin in accordance with Section
73125 ol'the Ohio Revised Code.
~ '
Ii _ _
De y Clerk of Council, Dublin, Ohiu
' nexation
LS Dublin Realt An
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o DUBLIN
DUBLIN
SHIER-RINGS ROAD
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DUBLIN ~
W OERI~ER\
Legend rFMA<~
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Proposed Annexation
Dublin
Unincorporated ~ o
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City of Dublin 06-067ANNEX
Land Use and LS Dublin Realty tv
Long Range Planning Shier-Rings Road and Eiterman Road Feet
0 250 500 1,000