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Resolution 25-12RECORD OF RESOLUTIONS Blank, Inc. Foam No. M45 25 -12 Resolution No. A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 3.4 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE WHEREAS, a petition for an Expedited II method of annexation of 3.4 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, 2012 by Daniel F. Hoy, agent for Petitioners Alexander and Harvey Vesha, 7796 Inisheer Court, Dublin, OH 43017; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, this resolution must state that: should (a) the territory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street rights -of -way; and bicycle and pedestrian paths and sidewalks; and WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed territory be automatically rezoned to R Rural District subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to the west; adjacent areas to the north and south are unincorporated Washington Township territory. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, � of its elected members concurring, that: Section 1. The City of Dublin adopts the following statement for the 3.4 acres, more or less, of land in Washington Township, Franklin County: Should the territory (a) be annexed and (b) subsequently become subject to zoning pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses in the annexed 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. Passed RECORD OF RESOLUTIONS Resolution No. 30045 25 -12 Page 2 of 2 Passed 20 Section 2. This resolution shall be effective immediately upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this yd day of 2012. i . . ig Officer ATTEST: Clerk of Council Office of the City Manager 520 Emerald Prkway* City of Dublin Phone: 614-410 • Fax:b614 --410 -4490 1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: April 19, 2012 Initiated By: Steve Langworthy, Director Land Use and Long Range Planning Paul Hammersmith, P.E., Director of Engineering /City Engineer Gary Gunderman, Planning Manager Barbara Cox, P.E., Engineering Manager — Development Memo Re: Resolution 24 -12 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 3.4 Acres, More or Less, from Washington Township, Franklin County (Petitioner: Daniel F. Hoy Kevin Knight & Co., 70 West Olentangy Street, Powell, Ohio 43065, agent for Alexander and Harvey Vesha, 4796 Inisheer Court, Dublin, OH 43017) (Case No. 12 -024 ANNEX). Resolution 25 -12 - A Resolution Adopting a Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 3.4 Acres, More or Less, from Washington Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.023(C) of the Ohio Revised Code. Request for Fee Waiver Summary On April 4, 2012, agent Daniel Hoy filed an annexation petition on behalf of Alexander and Harvey Vesha. The petition is for 3.4 acres, more or less, of land located on the east side of Dublin Road in Washington Township. The petition was filed pursuant to R.C. 709.023, the "Expedited 2" annexation method. Under this process, the City must adopt an ordinance or resolution relating to municipal services within twenty days after the petition is filed. In the same time period, 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 24 -12 and 25 -12 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 3.4 acres, more or less, and includes a substantial right -of -way of Dublin Road. Memo re. Resolutions 24 -12 and 25 -12— Annexation Petition - Vesha April 19, 2012 Page 2 of 3 Fee Waiver The applicant has requested that the City waive the annexation fees of $3,700. Staff supports this request in keeping with some previous City annexations where properties in township "islands" were proposed for annexation. Background Zoning The current Washington Township zoning classification for this property is R1A - Suburban Residential District, which allows for single family housing on larger lots. Upon annexation, the property will be automatically zoned R Rural District, under the Zoning Code of the City of Dublin. This would allow a single family residence on this property, along with other associated uses. The adjacent properties are similar parcels of large lots stretching from Dublin Road to the Scioto River -- some vacant parcels and some with single family homes. Future Development and Community Plan The Community Plan contemplated annexation of this area. The adopted Future Land Use Map calls for Residential Low Density development for this area. This site is currently undeveloped. Service Assessment POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located 2 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides police and communications services on a 24 -hour basis and has mutual aid agreements with other jurisdictions. The annexation area will be fully served with police and communications services at the same or similar level now being provided to other areas of the City with similar land use and population. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. Station 92 located at 4497 Hard Road and Station 93 located at 5825 Brand Road are each located approximately 1.2 miles from the proposed annexation site. The annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the City with similar land use and population. SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. WATER DISTRIBUTION The property is located within Dublin's exclusive annexation area of the Water Service Agreement with the City of Columbus. The existing 24 -inch waterline, located on the west side of Dublin Road will provide water service to this property. SANITARY SEWER (WASTEWATER) COLLECTION The property is located within Dublin's exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is located within the tributary area of the Deer Memo re. Resolutions 24 -12 and 25 -12— Annexation Petition - Vesha April 19, 2012 Page 3 of 3 Run trunk sewer. Service to this property will be provided by the 36 -inch trunk sewer located within an easement on the property. STORMWATER MANAGEMENT AND FLOODPLAIN This property is located in an area that drains directly into the Scioto River. The property has significant topography change from west to east. The west side of the property at Dublin Road is at an approximate elevation of 838 and drops to an approximate elevation of 764 along the river frontage -- a change of 74 feet. Any proposed development of this property will need to be in compliance with Chapter 53, Stormwater Regulations. A portion of this property is located within the FEMA designated floodplain for the Scioto River. ROADS AND STREETS The primary road serving this acreage is Dublin Road. It is classified as a minor arterial on the Thoroughfare Plan, which indicates Dublin Road with 80 -feet of right -of -way. If development occurs on this property, additional right -of -way will need to be dedicated to the City. Dublin Road, along the frontage of this property, is currently within the jurisdiction of Franklin County for management and maintenance purposes. This annexation proposes to annex a portion of Dublin Road into the City. This will provide an appropriate consolidation of services in this area. 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. This annexation includes the full width of right -of -way for Dublin Road immediately in front of the annexation parcel and a considerable distance north and south of the parcel. This section of right - of -way is currently one of only two gaps in the City jurisdiction of Dublin Road between the I -270 bridge location and Shawnee Hills. The City already maintains this area and annexation will provide the police with a more consistent enforcement boundary. 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 Resolutions 24 -12 and 25 -12. Upon City Council's approval, these resolutions will be forwarded to the Franklin County Commissioners for their consideration regarding the proposed annexation. In addition, staff recommends approval of the fee waiver as requested by the applicant. RW KEVIN KNIGHT & COMPANY tf SIGNEtS•t GIlOFtS 70 West Olentangy Street Powell, Ohio 43065 Phone: 614.8852400 FAX 614.885.1610 April 9, 2012 Members of Dublin City Council 5200 Emerald Parkway Dublin, OH 43017 RE: Expedited 2 Annexation Petition for 3.4 Acres Located at 7094 Dublin Road in Washington Township to the City of Dublin Property Owners — Harvey R. and Alexander Vesha Dear Council Members, I am the agent for the owners of property located at 7094 Dublin Road and have filed an Expedited 2 annexation petition with Franklin County Commissioners on April 4, 2012. I am requesting that Council waive the $3,700 annexation fee based on the fact that this is a portion of a pocket of township land within the City of Dublin and that Council has previously waived annexation fees for such parcels. Thank you for your consideration. Sincerely, Daniel F. Hoy, Agent for Petitioners Kevin Knight & Co. 70 West Olentangy Street Powell, OH 4306005 c: Barb Cox, Engineering Steve Langworthy, Land Use & Long Range Planning Gary Gunderman, Land Use & Long Range Planning Vesha Property Annexation Case: 12 -024 10 Z 0 U ti W J 1 m �.1 O J O Z Q� � u 0 J b M J J a z he Y t AMMIL Y I WASHINGTON TOWNSHIP £M . .4 LD PKWV 41 O H TULL8R RD IY Q Annexation Site City of Dublin Vesha Property Annexation 0 300 600 Feet ZAN Case: 12-024 w L r 27 -270 %L 0 300 600 Feet ri KEVIN KNIGHT & COMPANY OE516Nf1S.10110f1S 70 West Olentangy Street Powell, Ohio 43065 Phone: 614.885.2400 FAX 614.885.1610 Re: Notification of Petition for Annexation from Franklin County to City of Dublin Adjacent property owner: This is to notify you of a pending annexation from Washington Township, Franklin County to the City of Dublin for Lot 5, Scioto Shores Subdivision, the Alexander & Harvey Vesha property. In addition the City of Dublin requests that we attach the said lot with the section of Dublin Road that is currently in Washington Township, Franklin County to the Vesha property annexation. This notification is pursuant of the notification requirements required by Franklin County, Economic Development & Planning Department. Regards, Daniel F. Hoy Agent for Alexander & Harvey Vesha Kevin Knight & Co. 70 West Olentangy Street Powell, Ohio 43065 Encl: Franklin County Annexation Petition application Legal Description of the proposed annexation Map of the proposed annexation List of adjacent property owners to the annexation Franklin County Where Government Works Commissioners Marilyn Brown, President Paula Brooks John O'Grady Economic Development & Planning Department James SNimmar, alrector Application for Annexation Petition Property Information Name V t site Address 'j,j3t_[rv C 1i.1 { Phone 611-t L i 0 Z . -- - S; 7- Fax a Parcel 10(s) Total Acreage Emah c am' r`t: c,.CLl !Z From Towo" To Municipality V4 5%-5 tt (t-1 c.� 47 -„= .. t:,1 Property Owner Informa Name V t Addres Lill(, 7pix - Stm- - TL C'_ i 'j,j3t_[rv C 1i.1 { Phone 611-t L i 0 Z . -- - S; 7- Fax a Emae V L E� X bI7 s) rye A C. - ('.'.1 kA L l�� Attorney /Agent Information Name _ Address OW, FSI— Phone # Fax # Nottkations aeadlina 5 days gl,?Il Svc statement dean dine Emah c am' r`t: c,.CLl APR .. t 2012 ':n�i)')7i1 GJULL , SR'7T1g;:T a /hVX - G-l'N2 p P —/ Z Hearan sate / Data aka Fee paq o;-So neceiola OW, FSI— Nottkations aeadlina 5 days gl,?Il Svc statement dean dine 20 clays !Z Document Submission rho fosowirtg doaxnents must accompany axs application on latter-sized a X' x I V paper � L egal description of property L7 Map/plat of property "t of arracent properbes Waiver of Right to Appeal WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE. Property ( Owner Date Properly Owner Date 3 Property Owner Dale Property Owner Date 150 South Front Street, FSL Suite 10, Columbus, Ohio 43215 7104 Tel: 614 -525 -3094 Fax: 614 - 525 -7155 www.FrankhnCountyONo.gov �{� l.�� - ANNEXATION APR 04 ?01Z PLAT & DECRIPTION PROPOSED ANNEXATION ACCEPTABLE .4f ACRES DEAN C. RINGLE, PE., , P.S. �=ranklirt i;c:an,;. OF 3 iN.. TO �6 FR ANKL IN COUNTY ENGINEER I n, llIngjj ; P;, - FROM THE WAS O F TOWNSHIP THE CITY F DUBLIN Situate in the State of Ohio, County of Franklin, Township of Washington, lying gi in •: Virginia Military Survey 2543, being all of Lot 5 of SCIOTO SHORES, of record in Plat Book 18, Page 37, owned by Alexander and Harvey Vesha (Parcel Number 270 - 000760), part of Dublin Road and part of the Scioto River, and being bounded and more particularly described as follows: Beginning at the westerly common corner of Lots 3 and 4 of said SCIOTO SHORES, being in the easterly right -of -way line of Dublin Road (60 feet wide) and in the existing City of Dublin Corporation Line, as established by Ordinance Number 61 -80 and recorded in Official Record 504A 19, said Lot 4 owned by Shawn Q. Carpenter (Parcel Number 270 - 000169); Thence Southerly, a distance of approximately 100 feet, along the easterly right -of way fine of said Dublin Road and the westerly line of said Lot 4, to the westerly common comer of said Lots 4 and 5; Thence Easterly, a distance of approximately 796 feet, along the line common to said Lots 5 and 4, and the easterly extension of said Lots, to a point in the Scioto River, being the intersection of the easterly extension of said Lots 5 and 4 and the existing City of Dublin Corporation Line, as established by Ordinance Number 3 -74 and recorded in Misc. Record 161, Page 354; Thence Southerly, a distance of approximately 96 feet, along the Scioto River and the said existing City of Dublin Corporation Line, to the intersection of said existing City of Dublin Corporation Line and the easterly extension of the southerly line of said Lot 5 and the northerly line of Lot 6 of said SCIOTO SHORES, said Lot 6 owned by Desiree N. Stavroff (Parcel Number 270 -000171); Thence Westerly, a distance of approximately 769 feet, along the easterly extension of the line common to said Lots 5 and 6 and continuing along said line common to said Lots 5 and 6, to the westerly common comer of said Lots 5 and 6 and in the easterly right -of -way line of Dublin Road; Thence along the easterly right -of -way line of said Dublin Road, and the westerly lines of Lots 6 -15, inclusive, of said SCIOTO SHORES, the following three (3) courses and distances: Southerly, a distance of approximately 556 feet, to a point; Southerly, a distance of approximately 254 feet, to a point; Southerly, a distance of approximately 186 feet, to the westerly common comer of Lots 15 and 16 of said SCIOTO SHORES, and the intersection of the easterly right -of -way line of said Dublin Road and the northerly right -of -way line of Emerald Parkway, being in the existing City of Dublin Corporation Line, as established by Ordinance Number 128 -01 and recorded in Instrument Number 200112190295957; Thence Westerly, a distance of approximately 61 feet, across said Dublin Road and along said existing City of Dublin Corporation Line (Ord. #128 -0 1), to a point in the westerly right -of -way line of said Dublin Road and at the easterly common comer of Lots 10 and 9 of KILLILEA SECTION 1, of record in Plat Book 87, Page 7, being in an easterly line of the existing City of Dublin Corporation Line, as established by Ordinance Number 13 -65 and recorded in Misc. Record 139, Page 282; Thence along the westerly right -of -way line of said Dublin Road, and the easterly lines of Lots I, 3 -9, inclusive, and 20 of said KILLILEA SECTION 1, and Lot 43 of KILLILEA SECTION 2, of record in Plat Book 93, Page 91, and said existing City of Dublin Corporation Line (Ord. #13 -65), the following three (3) courses and distances: Northerly, a distance of approximately 175 feet, to a point; Northerly, a distance of approximately 250 feet, to a point; Northerly, a distance of approximately 771 feet, to an angle point in said existing City of Dublin Corporation Line (Ord. #61 -80); Thence Easterly, a distance of approximately 62 feet, across said Dublin Road and along said existing City of Dublin Corporation Line (Ord #61 -80), to the Point of Beginning, containing 3.4t acres, more or less. The above description was prepared from record information, and is for annexation purposes only. A field survey is not required for annexation purposes. O LANDMARK SURVEY GROUP, INC. APR — 2012 ;d . -310-1 'Scott D. Grundei, P.S Da e O ? \ U Registered Surveyor No 8047 Franld, i _uur,L, 018P 0I'1AL V�`Z ,fNX M/ Z ..... . nF -/2 Kenneth h Jr & Jane E Mitchell 6866 Bryne Ct Dublin Ohio 43017 Craig P Cowman 6851 Killilea Drive Dublin Ohio 43017 Irene B Mathews Tr 6844 Killilea Drive Dublin Ohio 43017 James E Tr & Geraldine Tr Nicholls 4760 McGreevy Court Dublin Ohio 43017 Domonic F. Ciminillo 4752 McGreevy Court Dublin Ohio 43017 Nadia Osman 4744 McGreevy Court Dublin Ohio 43017 Andrew P Pschesang 4736 McGreevy Court Dublin Ohio 43017 Ali A & Tahany S Gawish 4728 McGreevy Court Dublin Ohio 43017 Steven S & Denise L Gahman 4720 McGreevy Court Dublin Ohio 43017 Bruce R Hamed 4712 McGreevy Court Dublin Ohio 43017 Stephen W & Steven G Meagher 6992 Dublin Road Dublin Ohio 43017 Lawrence W Tr & Karen A Tr Noll 7016 Dublin Road Dublin Ohio 43017 Mark D & Kathleen M Vogel 7044 Dublin Road Dublin Ohio 43017 Bernard J & Lynn G Hodapp 7050 Dublin Road Dublin Ohio 43017 Desiree N Stavroff 7078 Dublin Road Dublin Ohio 43017 Shawn Q Carpenter 7106 Dublin Road Dublin Ohio 43017 v r 1 A-M E . M JR. 6: 0 LK 200106 LEGEND M 273- 010235 0 100' 150' 200' 8? giro LINE W t a SCALE IN FEET PROPOSED arc OF DIM N... �/� O F OR COO. �, SCALE: 1•-100' CORPORA710N 111E �� p AREA T7 BE OT (o r 8'A?J \�� L 3 ° $ µ /. a \�`� APR i 2012 ` � F No zl oo, - -�� LOT 4 `1�� ,znKlb taunt, w; l, a: uIp ; ' �� 1N �� LLILEA i /wvY'jrtTaly ��o� / DRIVE r � y LOT 6 � , LOT 3 �oezle " ° o b� Lor Lo T 4 p$ 'VakAvc J. p/p ealoof. 0 pD? Iq2 f Ut z7J 'Op6z� 50 j o - OOpI) ll ad" Lor CFL - Pll} ?7�opgU p°?0illa"0u Lf LOT S 0 00 017 LOT / 2 0r L OT 1 N a c LO ° c) I z T 6 A BRAND RD . Z 1 V � 2f1 Ai u p?m LNw�N1�� a C r. , e ,,� G 200z10 I y p* �Dl- � IPA ' oso PKINY S� { r F �"�2 ro, :la, Lor (� LO p 1 zl0- p� 1) 1-270 p- n rn m T 7 N `• ` /y " fF LOT 1 2 a vwrlmr MAp ` dkl J lO °t _I (Nor m saLE1 LO� r LOT P60P09&D ANNEXATION OF J R 13 3.4t ACRES FROM TOWNSHIP OF WASHINGTON Lor s m TO THE CrrY OF DUBLIN O1 Q VIRGINIA UIUTARY SURVEY NO. 2543 1F F kR fq�� r- L oT -c 1 4 TOWNSHIP OF WASHINGTON. 7 �? e kv COUNTY OF FRANKLIN ANO ?�� Sq w1V STATE OF OHIO (( p nos O.R. D � 2 Nle - " ^ ER p `° 27 oR 22'0 x°2 R B© ILMIDUK SURVEY LoT 1 ° BI' � 27 pr000n a LOT 1 s GROUP, mcoRponAirED _� 10" WEST FW1N AVENUE. COUAMA OW 43:12 PHONE: p1/1 167 -60W FAX. (614) 067 1 165 -6 EMERALDI PARKWAY �- Lo7• ` \� DAT:: 3/6/12 ME NO. 134661 E L �aoR BUN 1 ft......,. I.N. 2W11219 0293637 - ,'�,`A�• 7C O " _ t ' ,- "• ANNEX. N0. _ OED. N0. NOTE THIS 000117 WAS PREPARED FROM RECORD WNUAnON, ' 0 AND K FOR ANNEXATON PURPOSES ONLY. ! - 0 G1%jIgDEI s} e O '/ O y , v:` SCOTT O. ORINOEL P.S. OAR: REMSFERED SURVEYOR No. 6017 ••••..••" DATE: RECEIVED M APR - 5 2012 Franklin County Planning Department Franklin County, 011 RECEIPT The person who has signed below states that he /she has received the Petition for Annexation and related documentation for the Vesha Property. This is done to meet the requirements of the Franklin County Economic Development and Planning Department. Si t r Af R � 2012 CLERK OF COUN L Zs; // CITY CF DUBLIN Date 1 &6CA�( APR 0 5 2012