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File #: 0297-2009    Version: 1
Type: Ordinance Status: Passed
File created: 2/19/2009 In control: Rules & Reference Committee
On agenda: 3/9/2009 Final action: 3/12/2009
Title: To amend Section 3310.09 of the Columbus Zoning Code, Title 33 to provide that parcels within the geographic boundary of the territory to be annexed to the City under the terms of the existing Annexation Agreement between the City of Columbus and the Columbus Regional Airport Authority and the First and Second Amendments thereto will immediately upon annexation to the City be assigned the zoning classification most comparable to the zoning applicable to such property.
Sponsors: Priscilla Tyson
Attachments: 1. ORD0297-2009 Exhibit A Rickenbacker Annexation Zoning.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
3/12/20091 CITY CLERK Attest  Action details Meeting details
3/10/20091 MAYOR Signed  Action details Meeting details
3/9/20091 Columbus City Council ApprovedPass Action details Meeting details
3/9/20091 COUNCIL PRESIDENT Signed  Action details Meeting details
3/2/20091 Columbus City Council Read for the First Time  Action details Meeting details
2/27/20091 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
2/27/20091 Dev Drafter Sent to Clerk's Office for Council  Action details Meeting details
2/20/20091 DEVELOPMENT DIRECTOR Reviewed and Approved  Action details Meeting details
2/20/20091 Dev Drafter Sent for Approval  Action details Meeting details
2/20/20091 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
2/20/20091 Dev Drafter Sent to Clerk's Office for Council  Action details Meeting details
2/19/20091 Dev Drafter Sent for Approval  Action details Meeting details
Explanation
 
Background: On September 9, 1996 the City entered into an Annexation Agreement ("Agreement") with the Rickenbacker Port Authority ("RPA"), which requires the annexation of certain Port Authority property to the City.   The RPA was merged with the Columbus Municipal Airport Authority and the new entity, renamed the Columbus Regional Airport Authority ("CRAA"), assumed the obligations of the RPA under the Annexation Agreement. A First Amendment to the Agreement was executed by the City and the CRAA on December 27, 2007.  A Second Amendment to the Agreement was executed by the City and CRAA on February 29, 2008.  The Second Amendment requires that "[t]he City shall use its best efforts, subject to the approval of Columbus City Council, to provide that annexed properties shall immediately upon annexation be assigned the City zoning classification most comparable to the zoning applicable to such property immediately prior to annexation."  This ordinance amends Section 3310.09 of the Columbus Zoning Code, Title 33 to provide that parcels within the geographic boundary of the territory to be annexed to the City under the terms of the Annexation Agreement and the First and Second Amendments thereto will immediately upon annexation to the City without cost, expense or delay to be assigned the zoning classification most comparable to the zoning applicable to such property immediately prior to annexation.  
 
Fiscal Impact:  No funding is required for this legislation. Income tax revenues will be generated within the annexed territory.  
 
 
Title
 
To amend Section 3310.09 of the Columbus Zoning Code, Title 33 to provide that parcels within the geographic boundary of the territory to be annexed to the City under the terms of the existing Annexation Agreement between the City of Columbus and the Columbus Regional Airport Authority and the First and Second Amendments thereto will immediately upon annexation to the City be assigned the zoning classification most comparable to the zoning applicable to such property.
 
 
Body
 
WHEREAS, the City of Columbus and the Rickenbacker Port Authority, now the Columbus Regional Airport Authority, did enter into an Annexation Agreement on September 9, 1996 providing, inter alia, for the annexation of present and future Port Authority property to the City; and
 
WHEREAS, the City of Columbus and the Columbus Regional Airport Authority entered into a Second Amendment to the Annexation Agreement on February 29, 2008, which Amendment requires that the City use its best efforts, subject to the approval of Columbus City Council, to provide that annexed properties shall immediately upon annexation be assigned the City zoning classification most comparable to the zoning applicable to such property immediately prior to annexation without cost, expense or delay; and
WHEREAS, the area to be annexed to the City is expected to result in significant job growth and income tax revenues for the City; and
 
WHEREAS, the City has made and will continue to make significant infrastructure investments within the area to be annexed; and
 
WHEREAS, the City desires to continue to work together with the Airport Authority on this important economic development effort; and
 
WHEREAS, the Council of the City of Columbus deems it to be in the best economic interests of the City, and for the further reason that properties will soon be annexed to the City pursuant to the terms of the Annexation Agreement; now therefore;
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  That the existing Section 3310.09 of the Columbus City Codes, 1959, is hereby amended to read as follows:
 
      Except as otherwise provided herein, all All territory annexed to the city after March 28, 1973, shall immediately upon annexation be classified in the R-rural district and subjected to the regulations and restrictions pertaining thereto including all applicable overlay provisions as adopted pursuant to Chapter 3372.
      Within thirty (30) days of the effective date of the ordinance annexing territory to the city, an owner of property included therein may apply for a change in the zoning of his property to the city's zoning district comparable to the previously applicable township or county zoning for such property immediately prior to annexation. During this thirty (30) day period such applicant is exempt from paying any required filing fee.
      All territory annexed to the city prior to March 28,1973, and not zoned as agricultural, farm residential or rural by township or county resolution, has been classified in the city's zoning district most comparable to the zoning applicable to such property immediately prior to such annexation and is subject to the regulations and restrictions of such city zoning district.
Any territory which lies within an Ldn Contour of sixty-five (65) or greater when annexed to the city shall also become part of the airport environs overlay and subject to the regulations therefor.
Any territory within the geographic boundary of the territory to be annexed to the city under the terms of the existing Annexation Agreement between the city and the Columbus Regional Airport Authority and the First and Second Amendments thereto will be assigned immediately upon annexation the zoning classification that is most comparable to the zoning classification applicable to such property immediately prior to annexation.  The zoning classification may incorporate a limited overlay if appropriate to conform as nearly as possible to the parameters of the zoning classification applicable prior to annexation.  The territory to be annexed to the city under the terms of the existing Annexation Agreement between the city and the Columbus Regional Airport Authority and the First and Second Amendments thereto shall be as indicated on Exhibit "A".
 
Section 2. That this ordinance shall take effect and be in force from and after the earliest period provided by law.