PATA History Pages

Official's statements related to Diley annexation

Historical comments and annexation commitments

The last phases of the former Diley Farm Annexation (now Diley LLC better known as DOMINION HOMES) are about to be voted on by the Pickerington City Council July 17, 2001.

The Ordinances involved are:
Ordinance 2001-73 “AN ORDINANCE TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 245.52 ACRES, MORE OR LESS, IN VIOLET TOWNSHIP (THE DILEY PROPERTY) TO THE CITY OF PICKERINGTON, OHIO AND THE DECLARATION OF AN EMERGENCY.” Introduced by Council Member Maxey.
Ordinance 2001-74 “AN ORDINANCE TO ESTABLISH ZONING ON ANNEXATION OF 245.52 ACRES (THE DILEY PROPERTY), TO APPROVE THE FINAL DEVELOPMENT PLAN OF DILEY ROAD ASSOCIATES, LLC AND THE DECLARATION OF AN EMERGENCY.” Introduced by Council Member Maxey.

For those that haven’t been following this issue for some time, you might be interested in the comments and quotes that were made in the December 7, 1999 meeting of Council. At this meeting the Pre-Annexation agreement was questioned by area residents and voted on by Council with the now too often “Emergency” Legislation mode. This pre-annexation agreement, though requested , was not available until after the vote taken on December 7, 1999.
Here are the quotes for the minutes of that meeting.

Ms. Bushman stated, “ The pre-annexation agreement does not assign zoning, it does not annex the property. It sets out what the expectations are at the time of the annexation proceeds and the time the zoning is requested. This is a Planned Unit Development and the City has a responsibility to the citizens to provide them with amenities like parks and other things.” “In the process they also hammer out the granting of a school site.” She continues “The reason it was passed as an emergency was so the applicant could proceed with the filing.” “The pre-annexation is not the actual annexation.”

Ms. Bushman stated, “the pre-annexation agreement does not zone the property, it states the terms that the City will agree to accept the property and allow it to be annexed to the City.”

Mr. Postage stated, “he would like to make something clear, there will not be any emergency legislation completed for zoning, it never has happened and will not happen.”

Mr. Postage stated, “they (Council) are in the business to do what is right for the City and the total community.”

Mr. Hughes stated, “he feels this body (Council) is very conscious of the schools and there are several members of Council who are involved in various ways with the schools.” He continues, “that he teaches at the High School and Mr. Postage has several family members who work within the school district.” “Anything they can do to help out the school system they try to do.”

Now noted will be the following –

1. Through the public hearing process the only copies of the developer’s plans have stated “Preliminary & Final Plans”.
2. There is no land donation to the Schools in the plans. When questioned – no one on Council was aware of any request for monetary assistance requested from Dominion. Citizens made these requests in 1999, and in the more recent public meetings of the City Service Committee and the full Council.
3. Issues related to land use noted as a “Business Park” in the City’s 1993 Comprehensive Land Use plan of 1993 for the western section of this land were dismissed.
4. Issues related to the limitations of the City’s aquifer noted in the Burgess & Niple report of March 2001 were dismissed.

Below is a section of the Pre-Annexation Agreement with Diley LLC (DOMINION). This pre-annexation agreement was only made available to the public after the December 7, 1999 meeting. A meeting in which Council suspended their rules and gave the issue (3) readings on the same evening – with “Emergency” passage.

ZONING Section 3.

The property sought to be annexed currently has township zoning. Contemporaneously with the annexation, the City will re-zone the Diley property to the “PR4” district within the City of Pickerington in substantial compliance with a preliminary development plan prepared by Gary Schmidt dated the 5th day of April 1999.

(A) At the request of the Diley LLC, the City will hold off on the acceptance of the annexation until the zoning ……., issues are settled to the satisfaction of Diley LLC.
(B) If for some reason the zoning cannot be accomplished and / or the zoning is referred or defeated for any reason, ….., the City agrees that is wil not annex the property at the request of Diley LLC.
(C) If the annexation vote occurs approving the annexation to the City of Pickerington, but a PR4 zoning is not adopted,………., then within thirty (30) days of the date of the original annexation vote, the City agrees it will reconsider it’s vote and reject the annexation.
(D) If the annexation vote occurs annexing the property, but the PR4 zoning does not occur, ………, and more than thirty (30) days have lapsed since the annexation resolution or ordinance has passed, the City agrees it will cooperate and agree by ordinance to consent to a R.C. # 709.38 procedure at the request of Diley, LLC, its successors or assigns. (R.C. #709.38 refers to land becoming unincorporated and reverting back to township statue.)

Armed with these facts – YOU BE THE JUDGE - of whose concerns are being addressed by the actions of Council.

"This Week in Pickerington" July 12, 2001

A request has been made for an url to their article titled -

DEVELOPER'S PLANS QUESTIONED - Harding asks what Dominion Homes will be "giving back".

....at this time the url is unaccessable.

Columbus Dispatch 7/27 - Homebuilders record profits

Article sites profits of Dominion and M/I Homes.