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File #: 2816-2024    Version: 1
Type: Ordinance Status: Passed
File created: 10/9/2024 In control: Housing, Homelessness, & Building Committee
On agenda: 10/28/2024 Final action: 10/30/2024
Title: To set forth a statement of municipal services and zoning conditions to be provided to the area contained in a proposed annexation (AN24-011) of 1.837± Acres in Mifflin Township to the city of Columbus as required by the Ohio Revised Code; and to declare an emergency.
Attachments: 1. 2816-2024 AN24-011 Briefing Sheet, 2. 2816-2024 AN24-011 Legal, 3. 2816-2024 AN24-011 Plat

Explanation

 

BACKGROUND: This ordinance is being submitted to set forth the municipal services and zoning conditions the city of Columbus will provide upon annexation of a territory located in Mifflin Township. This ordinance is required by the Ohio Revised Code (ORC) as enacted by the General Assembly of the State of Ohio. An annexation petition has been filed with Franklin County for this property. A service ordinance must be passed before the annexation meeting takes place before the Board of County Commissioners of Franklin County. Information regarding municipal services that would be available, should the subject site be annexed, has been compiled and is reflected in this ordinance. Should the petition be approved by the County Commissioners, a second City ordinance accepting the annexation will be required to complete the process. The time frames specified in the ORC require that this legislation be filed as emergency.

 

FISCAL IMPACT: The statement of municipal services and zoning conditions for a proposed annexation area has no fiscal impact. While provision of the stated services does represent cost to the City, annexation of land also has the potential to create revenue to the city.

 

Title

 

To set forth a statement of municipal services and zoning conditions to be provided to the area contained in a proposed annexation (AN24-011) of 1.837± Acres in Mifflin Township to the city of Columbus as required by the Ohio Revised Code; and to declare an emergency.

 

Body

 

WHEREAS, a petition for the annexation of certain territory in Mifflin Township is anticipated to be filed on behalf of Horizon Science Academy Elementary Inc on October 16, 2024; and

 

WHEREAS, a hearing on said petition is tentatively scheduled before the Board of County Commissioners of Franklin County on November 12, 2024; and

 

WHEREAS, the Ohio Revised Code requires that before said hearing the Municipal Legislative Authority shall adopt a statement indicating what services, if any, the municipal corporation will provide to the territory proposed for annexation upon annexation; and

 

WHEREAS, the Ohio Revised Code requires that before said meeting the Municipal Legislative Authority to adopt an ordinance stating zoning buffering conditions; and

 

WHEREAS, properties proposed for annexation are within the Northeast Area Plan (2007); and

 

WHEREAS, upon annexation, properties will have uniform access to City services as they become available; and

 

WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to present this ordinance to the Franklin County Board of Commissioners in accordance with the Ohio Revised Code all for the preservation of the public peace, property, health safety and welfare; now, therefore,

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

 

Section 1. That the city of Columbus will provide the following municipal services for 1.837± acres in Mifflin Township upon the annexation of said area to the city of Columbus:

 

Fire: The Fire Division completed a Land Annexation Risk/Service Evaluation. The geographic area is currently covered by CFD and mutual aid departments.

 

Public Safety: After reviewing the proposed annexation, it is my opinion that the City of Columbus, Department of Public Safety is able to provide the appropriate level of safety related services to the proposed annexation area. While the petitioner for annexation may have proposed future development plans for the property in question, the Department of Public Safety requests that the City exercise its discretion in the coming development planning and review process to ensure any future development will be properly served by the Department of Public Safety. Discussions between the City and the present property owner or any future developers regarding post annexation changes in zoning or other changes to the property should include the Department of Public Safety and the Department of Development to ensure any proposed development of the annexation property may be adequately accommodated. Specific details for safety services are dependent upon the parameters of future development that is ultimately approved by the City.

 

Sanitation: The station approves this request.

 

Transportation: Per the information provided the property owner is seeking annexation to add a new school and a new gymnasium. The property owner should be advised that any redevelopment of the property should include conversations with the Division of Traffic Management as far as plans for the site, specifically any modification to any existing or creation of new access points.

 

Water: The proposed annexation parcels currently receive water service from the Division of Water. There is a 48” water main along the frontage of Hague Ave that could serve the site if a larger size service is needed, the connection to which will be made the owner’s expense.

 

Sewers: All sanitary and storm sewers required shall be constructed privately by the owners and developers at their own cost and expense with no cost to the City.

 

Sanitary: DOSD has no objection regarding this annexation. Site has access to 8” sanitary sewer RP3662.

 

Storm: All storm sewers necessary for development/redevelopment of the area shall be designed in accordance with design policy and zoning codes in effect at the time of development.

 

All sanitary and storm sewers required shall be constructed privately by the owners/developers at their own expense with no cost to the city.

 

Section 2. If this 1.837± acre site is annexed and if the City of Columbus permits uses in the annexed territory that the City of Columbus determines are clearly incompatible with the uses permitted under current county or township zoning regulations in the adjacent land remaining within Mifflin Township, the Columbus 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 Mifflin Township. For the purpose of this section, “buffer” includes open space, landscaping, fences, walls, and other structured elements: streets and street right-of-way; and bicycle and pedestrian paths and sidewalks.

 

Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.