Explanation
AN11-006
BACKGROUND: This ordinance approves the acceptance of certain territory (AN11-006) by the City and authorizes its transfer from Plain Township to Montgomery Township per an annexation agreement between the City of Columbus and Plain Township. The Ohio Revised Code stipulates that once an annexation has been approved, it must be accepted by the receiving municipality. City acceptance must take place a minimum of 60 days (but not more than 180) from the receipt by the City Clerk of the approval notice from the county. Should City Council not take such action within this timeframe, the annexation will not take place. This petition was filed with Franklin County on May 31, 2011. Franklin County approved the annexation on June 14, 2011 and the City Clerk received notice on June 23, 2011. No service ordinance was required or filed for this annexation because it was filed as a Type 1 application as defined by the Ohio Revised Code. A service statement, reflecting the City's ability to provide services for this site upon annexation is included as Attachment A.
This type of application is stipulated for annexations in Plain Township as a consequence of an annexation agreement between the City and that jurisdiction. The annexation agreement also requires that territory annexed to the City of Columbus from Plain Township be transferred to Montgomery Township. Therefore, this ordinance authorizes the submission of a petition to the Board of County Commissioners of Franklin County, Ohio, requesting that the boundary lines of Montgomery County be changed to make them identical with the corporate limits of the City of Columbus for this annexation. The petition will be filed in accordance with Section 503.07 of the Ohio Revised Code.
FISCAL IMPACT: Provision of municipal services does represent cost to the City; however the annexation of land also has the potential to create revenue to the city.
Title
To accept the application (AN11-006) of Martha L. O'Neal and Paul and Delia Cochenour for the annexation of certain territory containing 5.5 ± acres in Plain Township and to authorize the submission of a petition to the Board of Commissioners of Franklin County, Ohio, requesting a change in the boundary lines of Montgomery Township so as to make the boundary lines of this annexation identical with the corporate boundaries of the City of Columbus.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was duly filed by Jill Tangeman, Esq., on behalf of Martha L. O'Neal and Paul and Delia Cochenour on May 31; and
WHEREAS, while a service ordinance is not required for this type of annexation, the City did conduct a review of the proposed annexation to determine what services would be available to the site upon annexation, the results of which are reflected in attachment A; and
WHEREAS, the subject site is located in the City's Northeast Pay-As-We-Grow (PAWG) area and the funding mechanisms that were developed for that area will apply to this site, should it be developed; and
WHEREAS, the applicants attorney has been notified that an application to rezone the site for residential development will require the applicant, at the time of filing, to enter into a Memorandum of Understanding with the City obligating the property owner, or their successor, to participate in the PAWG funding arrangement with specific details to be developed at time of development; and
WHEREAS, said petition was duly considered by the Board of County Commissioners of Franklin County, Ohio, and the annexation of said hereinafter described territory to the city of Columbus was approved by said Commissioners by order dated June 14, 2011; and
WHEREAS, the Board of County Commissioners of Franklin County certified the transcript of the proceedings in connection with the said annexation with the map and petition required in connection therewith to the City Clerk who received the same on June 23, 2011; and
WHEREAS, sixty days from the date of said filing have now elapsed in accordance with the provisions of the Ohio Revised Code; and
WHEREAS, it is in the best interest of the city of Columbus to accept the annexation of the territory sought to be annexed by the aforesaid petition; and
WHEREAS, the annexation agreement between Plain Township and the City of Columbus requires the City to transfer territory annexed from Plain Township to the City and to conform the boundaries of Montgomery Township to make them identical with the corporate limits of the City; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the proposed annexation as applied for in the petition of Martha L. O'Neal and Paul and Delia Cochenour being the majority of owner(s) of real estate in the territory sought to be annexed and filed with the Board of County Commissioners of Franklin County, Ohio on May 31, 2011 in which said petition prayed for annexation to the city of Columbus, Ohio, of certain territory adjacent thereto as hereinafter described, and which said petition was approved for annexation to the city of Columbus by the Board of County Commissioners by order dated June 14, 2011 be and the same is hereby accepted and said territory is hereby annexed to the city of Columbus. Said territory is described as follows:
Situated in the State of Ohio, County of Franklin, Township of Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being part of that 2.869 acre tract conveyed to Martha L. O'Neal of record in Instrument Number 200006290128236 and Instrument Number 200502090024964 (A.P.N. 220-000657) and part of that 2.869 acre tract conveyed to Paul D. and Delila A. Cochenour of record in Official Record 3455E19 (A.P.N. 220-000673), and described as follows:
Beginning in the west line of said O'Neal tract and in the south right-of-way line for Warner Road, said south right-of-way line being an existing City of Columbus Corporation Line (Case No. 60-03, Ord. No. 432-04, I.N. 200407190166446);
Thence Easterly, across said O'Neal and Cochenour tracts and along said south right-of-way line (20 feet southerly from the centerline of Warner Road), the same being said corporation line, about 500 feet to the east line of said Cochenour tract;
Thence Southerly, along said Cochenour's east line, about 480 feet to the southeast corner thereof, in an existing City of Columbus Corporation Line (Case No. 22-86, Ord. No. 2982-86, O.R. 8860E19);
Thence Westerly, along the south line of said Cochenour and O'Neal tracts, the same being said corporation line and an existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511), about 500 feet to the southwest corner of said O'Neal tract;
Thence Northerly, along the west line of said O'Neal tract, about 480 feet to the Point of Beginning. Containing approximately 5.5 acres of land, more or less. The above description was written by John C. Dodgion, P.S. 8069 on April 07, 2011. A drawing of the above description has been prepared and is a part hereof.
The total length of the annexation perimeter is about 1960 feet, of which about 1000 feet are contiguous with existing City of Columbus Corporation Lines, being about 51% contiguous. This annexation does not create any islands of township property.
Section 2. That pursuant to the provisions of Section 503.07 of the Ohio Revised Code the Director of the Department of Development be and is hereby authorized and directed on behalf of the City of Columbus to present to the Board of Commissioners of Franklin County, Ohio, a petition requesting such changes in and extent ions of the boundary lines of Montgomery Township as may be necessary so that said township may include therein that portion of Plain Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on June 14, 2011 was approved for annexation to the City of Columbus, so as to make the boundaries of Montgomery Township co-extensive with the corporate limits of the said City of Columbus in accordance with the maps attached to said petition.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.