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File #: 0483-2014    Version: 1
Type: Ordinance Status: Passed
File created: 2/19/2014 In control: Development Committee
On agenda: 3/3/2014 Final action: 3/6/2014
Title: To set forth a statement of municipal services and zoning conditions to be provided to the area contained in a proposed annexation (AN14-004) of 1.0 + acres in Orange Township to the City of Columbus as required by the Ohio Revised Code; and to declare an emergency.
Attachments: 1. ORD0483-2014 AN14-004 Legal Description, 2. ORD0483-2014 AN14-04 Map (1 acre 3890 Powell Road)
Explanation
 
AN14-004
 
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 Orange 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 Delaware County for this property. A service ordinance must be passed before the annexation meeting takes place before the Board of County Commissioners of Delaware County. Information regarding municipal services that would be available, should the subject site be annexed, has been compiled and is reflected in this ordinance. If the petition is approved by the County Commissioners, a second City ordinance accepting the annexation will be necessary 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 (AN14-004) of 1.0 + acres  in Orange 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 Orange Township was duly filed by Attorney Amy K. Kuhn, on behalf of Douglas and Lori Rini on February 18, 2014; and
 
WHEREAS, a hearing on said petition is scheduled before the Board of County Commissioners of Delaware County on March 20, 2014 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 adopt an ordinance stating zoning buffering conditions; and
 
WHEREAS, The annexation involves a single family residence served by an access easement to Powell Road and the intended use is land assemblage for mixed-use development; and
 
WHEREAS, the property is located within the boundaries of the adopted Far North Area Plan, currently under revision; 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 Delaware 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 1.0 + acres in Orange Township upon the annexation of said area to the City of Columbus:
 
Public Safety:      The City of Columbus, Department of Public Safety will be able to provide the appropriate level of safety related services to the proposed annexation area. Such services will include police and fire protection as well as emergency medical service to the subject property.
 
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: Single family homes would qualify for city provided 90-gallon front curb or 300-gallon alley refuse service, the method of which to be determined by Division of Refuse Collection management.  Any other development would require compliance with Title 13 requirements; Commercial/business uses are required to provide their own refuse collection.  
 
Transportation: Maintenance will be available for any additional right-of-way that may be included in this annexation request. If this annexation contains existing signalized intersections, those intersections and signals are subject to Transportation Division Policy, which appeared in the December 6, 2003 Columbus City Bulletin, and any subsequent updates thereto.
 
Water:  The Division of Water will be able to serve the site, but a water main extension of approx. 2000' +/- from the 12'' water main located at the intersection of Gemini Pkwy and Orion Pl will be needed.
 
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: Sanitary sewer service in this area is subject to the terms of a City of Columbus-Delaware County sewer agreement.   Columbus records indicate that this property can be served from an existing 30-inch sanitary sewer (CC-7915) situated approximately 2,390 feet to the southeast from the southeast property line of the subject property. This sanitary sub trunk is located in the vicinity of the Powell Road and Worthington Road intersection.  Mainline extension is required to serves the property and would be performed at the owner's expense.
 
Storm: All storm sewers necessary for development/redevelopment of the area shall be designed in accordance with design policy and applicable codes in effect at the time of development.
 
Section 2.      If  this 1.0+ 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 Orange 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 Orange 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.