HomeMy WebLinkAbout03/02/1998 RECORD OF PROCEEDINGS
Minutes of Meeting
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Mayor Kranstuber called the meeting to order at 7:00 p.m.
Mr. Reiner led the Pledge of Allegiance.
w R Il all
Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr.
McCash, Mr. Peterson, and Mr. Reiner. Ms. Hide Pittaluga was absent (excused).
Staff members present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Ms.
Clarke, Mr. Kindra, Ms. Puskarcik, Ms. Crandall, Mr. Hahn, Ms. Bearden, Mr. Lenz, Mr.
Husenitza, Chief Geis, Ms. Heal, and Mr. Hermann.
Auaroval of Minutes of February 17, 1998
Mr. Adamek noted a revision to page 3 in the third paragraph, where the density should be
17,500 square feet per acre instead of 17.5.
Mr. Reiner moved approval with this correction.
Mrs. Boring seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring,
yes; Mayor Kranstuber, yes; Mr. Reiner, yes.
CorresRondence
The Clerk reported that no correspondence was received requiring Council action.
Comments from Visitors
Wallace Maurer, 7451 Dublin Road stated the following:
1) He has not completed his research at this time regarding the constitutional issues
~ contained within the minutes from the Charter Commission.
2) On behalf of the Dublin Irish Celebration, he invited Council and citizens to a poetry
reading by famous Irish poet, Eavan Boland, who will in Dublin at the 1919 building on
May 1 at 8:00 p.m.
Randy Roth~6987 Grandee Cliffs Drive, President of Citizens for Dublin requested that
Council once again consider adopting an ethics statement as suggested by Citizens for
Dublin last year. He urged Council to work on this project and offered the assistance of
their group. He noted that although there are currently no issues in the City regarding
campaign financing and conflicts of interest, they have occurred in the past and could
recur. He added that their group will be sending letters to the media indicating their
support of Council's adoption of such a policy.
Following brief discussion, Mayor Kranstuber moved to refer development of an ethics
code to the Administrative Committee with the expectation that Council will have a
recommendation from the Committee within 60 days.
Mr. McCash seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner,
yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Proclamation/Recognition
~ Mayor Kranstuber proclaimed Monday, March 16 as "Lacrosse Day" in the City of Dublin
and recognized the coaches and players who participate in the sport in Dublin.
Staff Comments
Mr. Helwie reported:
1. The street lights on Emerald Parkway are now operational at all four phases.
2. Mr. McDaniel is overseeing the demolition of the Union 76 station and it was
completed today. Staff has distributed tonight a preliminary interim plan for use
for that property. They are seeking Council feedback on the proposal.
3. The prohibitive left turn signage at Post and Avery has been installed and is being
enforced with warning tickets at this time.
Mayor Kranstuber requested that the proposal for the Union 76 site be discussed at the
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next Council meeting.
Mr mith reported that the matter of the Marathon station acquisition will go to trial in
approximately 60 days. Hopefully, it will be resolved by summer.
LEGISLATION
Second Reading & Public Hearing -Ordinances
Ordinance No. 12-98 - An Ordinance Accepting an Annexation of 92.888+/- Acres
from Jerome Township, Union County to the City of Dublin. (Applicant: Dublin
Schools)
Mr. Smith noted that this annexation will provide land for the third high school site. It
conforms with the Community Plan and has been approved by the Union County
Commissioners. Staff is recommending approval by Council at this time.
Vote on the ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Introduction & First Reading -Ordinances
Ordinance No. 13-98 - An Ordinance Amending the Annual Appropriations
Ordinance for the Fiscal Year Ending December 31, 1998 for the Purpose of
Obtaining a Permanent Access Easement Related to the Construction of the
Columbus Southern Power Substation.
Mrs. Boring introduced the ordinance.
Mr. Hansley stated this allows for the AEP substation to be constructed at the end of
David Road. Staff requests that this be held over for public hearing at the next meeting.
There will be a second reading and public hearing at the March 16 Council meeting.
Ordinance No. 14-98 - An Ordinance Declaring Improvements to a Certain Parcel of
Real Property to be a Public Purpose, Describing the Public Infrastructure
Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof To
Make Service Payments in Lieu of Taxes, Providing for Payment of a Portion of
Those Service Payments to the Dublin City School District, Establishing a
Municipal Public Improvement Taz Increment Equivalent Fund for the Deposit of
the Balance of Those Service Payments, and Declaring an Emergency. (Daimler
Project at Frantz Road/SR 161)
Mrs. Boring introduced the ordinance.
Ms. Grigsby stated that this item will be discussed under the "other" portion of the agenda
in conjunction with the Daimler development proposal. She noted that there was one TIF
originally identified for this project, but it was determined that it should be broken out into
two separate ordinances. However, only one ordinance was advertised for the March 2
meeting, and therefore the second ordinance will be introduced at the March 16 meeting.
Mayor Kranstuber stated that this ordinance will be discussed with the development
proposal, and will be held over for public hearing at the March 16 Council meeting.
Mr. Smith noted that the following 7 resolutions can be handled in one action of Council
as they are relate to the same project.
Resolution 21-98 - A Resolution to Appropriate a 0.281 Acre, More or Less, Fee
Simple Interest, a 0.150 Acre, More or Less, Permanent Utility Easement and a
0.023 Acre, More or Less, Temporary Construction Easement in Property Owned
by Church of Christ on Martin Road, Located on the East Side of Dublin Center
Drive and the South Side of Stoneridge Lane, in the City of Dublin, County of
Franklin, State of Ohio.
Resolution 22-98 - A Resolution to Appropriate a 0.067 Acre, More or Less,
Temporary Construction Interest in Property Owned by Department of Medicine
Foundation, Inc., Located on the West Side of Dublin Center Drive and the North
Side of Stoneridge Lane, in the City of Dublin, County of Franklin, State of Ohio.
Resolution 23-98 - A Resolution to Appropriate a 0.003 Acre, More or Less, Fee
Simple Interest and a 0.011 Acre, More or Less, Temporary Construction Easement
in Property Owned by Harley G. Dougherty and Nancy J. Dougherty, Located on
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the East Side of Dublin Center Drive and the North Side of Martin Road, in the
City of Dublin, County of Franklin, State of Ohio.
Resolution 24-98 - A Resolution to Appropriate a 0.069 Acre, More or Less, Fee
Simple Interest in Property Owned by Raymond C. Davis, Located on the East Side
of Dublin Center Drive, in the City of Dublin, County of Franklin, State of Ohio.
Resolution 25-98 - A Resolution to Appropriate a 1.029 Acre, More or Less, Fee
Simple Interest in Property Owned by Daniel F. Hunter, Jr. and Francis L. Hunter,
Located on the East Side of Dublin Center Drive and the North Side of Martin
Road, in the City of Dublin, County of Franklin, State of Ohio.
Resolution 26-98 - A Resolution to Appropriate a 0.003 Acre, More or Less, Fee
Simple Interest an a Combined 0.125 Acre, More or Less, Temporary Construction
Easement in Property Owned by Italia Homes, Inc., Located on the West Side of
Dublin Center Drive and the North Side of Martin Road, in the City of Dublin,
County of Franklin, State of Ohio.
Resolution 27-98 - A Resolution to appropriate a 0.340 Acre, More or Less, Fee
Simple Interest and a 0.693 Acre, More or Less, Temporary Construction Easement
in Property Owned by Security Capital Atlantic, Inc., Located on the West Side of
Krier Drive and the South Side of Martin Road, in the City of Dublin, County of
Franklin, State of Ohio.
Mayor Kranstuber moved to introduce the resolutions, to waive Council's Rules of Order,
and to have the Clerk read the names of the property owners.
Mr. Reiner seconded the motion.
Vote on the motion -Mrs. Boring, no; Mr. Adamek, yes; Mr. Reiner, yes; Mayor
Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes.
Mrs. Boring noted that one of the property owners involved was not notified of this
impending action and is in Florida for the winter. Therefore, she does not support taking
action tonight.
Mr. Smith stated that his staff sent out the notification letters for the property owners as
they always do. These resolutions are simply notice of an intent to appropriate -these do
not actually appropriate the property. He will call Mr. Hunter in Florida and discuss this
matter with him.
In response to Mrs. Boring, Mr. Helwig stated that construction will take place in the
second and third quarters of this year.
Vote on resolutions 21-98 through 27-98 - Mr. McCash, yes; Mr. Reiner, yes; Mrs.
Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes.
Other
Mayor Kranstuber announced that the final plat for Bellepoint Place would be delayed
until a later time as the applicant is not present at this time.
Concept Plan -Bash Property~Svcamore Ridge Apartments, Phase 2
Mr. Smith stated that he was contacted by Mr. Kass who informed him that he will not be
present tonight. Mr. Kass understands that Council plans to vote on the matter tonight.
Staff noted that the information provided by Danter was forwarded in the packet.
Mayor Kranstuber invited those present to testify on this matter.
No one came forward.
Vote on the concept plan - Mr. McCash, abstain; Mr. Reiner, abstain; Mrs. Boring, no;
Mayor Kranstuber, no; Mr. Adamek, no; Mr. Peterson, no.
Presentation of Development Proposal
by Daimler Group at Southwest Corner of Frantz
Road/S.R. 161
Mr. Helwig stated that the presentations tonight will include Planning Director Bobbie
Clarke, who will give a history of the zoning for the site; Mr. Ghidotti of Daimler Group
who will present the proposal; and Ms. Grigsby who will provide information on the TIF
legislation.
Ms. Clarke stated that this property is zoned CCD or Community Commercial and has
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been zoned since the time the Village of Dublin first adopted its zoning code over 20 years
ago. The zoning provides for a range of commercial uses, including shopping centers,
restaurants, retail, offices, hotels or entertainment. The main access to this site was to be
provided to the south on a new access road which would extend north from Metro Place
North. The access road was never constructed, although it was in the plans for 20 years.
This past year, the right of way was dedicated for the access road and is included as part
of this overall plan. In the Community Plan process, the best use for the site was
determined to be a mixed use -office development and hotels. From the staff perspective,
this proposal is the best the City could have hoped for with its combination of high quality
office and hotels. It completes the north side of Metro Center and the hotel use mixes
well with the office use in terms of its impact on traffic.
The site is prezoned and therefore has no architectural control, is not within a protected
corridor, and has no zoning overlay. The Planning Commission will review on Thursday
the preliminary plat which establishes five lots and the roadway. The site has high
visibility and is a gateway area along the perimeter of the freeway as well as the
intersections of Frantz Road and Post Road with 161. The developer has been very
responsive to the needs as articulated by staff for this site. He has agreed to enter into a
development agreement which would address items such as the height of buildings, the
architecture, setbacks, landscape design, etc. This agreement will run with the land. She
is optimistic that the agreement can be worked out to the satisfaction of both parties.
Paul Ghidotti, Daimler Group General Counsel and Development Director addressed
Council. This project has brought together Daimler Equities Joint Venture, Maddox
NBD, Myers Schmalenberger, Bird and Bull and Corporex - a regional franchisee for
Embassy Suites located in Cincinnati. The architect for Embassy Suites from Chicago and
their counsel from Cincinnati are also present tonight. He noted that he is a resident of
Dublin and is very excited about this project for Dublin. He stated that the site is narrow
and includes large setbacks along 161, a limited access freeway. The roadway location
was already established in connection with the Frantz Road improvements, and this
presented another challenge. In addition, the land price for the site was very high. Three
options were looked at for the site: first, a "Sun Center" approach of bringing in many
retailers who would pay top dollar for the site location; second, a "big box" retailer similar
to a Sam's Club which would not require a roadway; and the third option, determined to
be the best one - a mixed use development with a high end landmark hotel and an office
building consistent with the other buildings in Metro Center, plus an ancillary use such as a
business service type hotel and sit down restaurants.
Daimler Group began meeting with staff in August of 1997 on this proposal. An issue for
the City will be the handling of the right-of--way dedication to the City for the already
underway Frantz Road improvements. Issues also arose with the seller of the property
during this time and Daimler was unable to extend contingencies. At this point, they are
proposing a 100,000 square foot, three story office building at the west end of the site on
7.75 acres. It would be a brick structure with some precasts around the entrance. It
would look very similar on the backside. The existing tree cluster on the site will be
w preserved. At this time, Embassy Suites is also proposing a 275 room, all suite hotel, with
full services, 8 stories tall with 236,000 square feet on 6.5 acres of the site. In addition to
or as part of the hotel, they would have 12,000 square feet of conference space and a full
service, sit down restaurant. The renderings presented to Council indicate a brick and
precast type exterior. Corporex would construct the property and would also own it.
They are from Cincinnati and own two other Embassy Suite properties -one in Covington,
Kentucky and one in Tampa, Florida. A Cooker Restaurant would be at the northeast
corner of the site on 2.6 acres and would be similar to the one on Route 23 in the
Worthington area. They also have a contract with a party who would construct a business
oriented, limited service hotel inside the roadway - possibly a Club Hotel which is a
Doubletree product.
The proposal Daimler is making for a TIF calls for them to front the costs which would
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ultimately be reimbursed through the TIF. The roadway, utilities, lighting along the
roadway, sidewalks along the property between the McKitrick site and Metro Place North
and the landscaping along the 161/Frantz Road corridor would be fronted by them.
The City would therefore not have to issue bonds and no interest would have to be paid by
the City on the funds. It basically would constitute an interest free loan.
He noted that the pre-1994 TIF already in place for the Cooker and for the Lee's Inn site
contemplated that the City would construct the roadway to connect Frantz Road and
Metro Place North. In this case, the developer has agreed to construct the road of
approximately 1,600 feet in length and that would be included in the TIF. The road has
now been expanded since the 1994 proposal from 32 feet back of curb to back of curb to
36 feet, thereby permitting a center turn lane.
As noted previously, the Frantz Road improvements are currently being done outside the
existing right-of--way owned by the City. The developer would be willing as part of the
TIF to deed the right-of--way to the City at no cost to the City.
They are also willing to restrict the site by way of deed restrictions for offices/hoteUand
casual, sit down dining restaurants.
The original proposal has been reduced from 7 buildings on the site to 5, reducing the
density. They have also presented to staff a conceptual landscape plan to address the
Frantz Road/161 corridor needs.
They have agreed to grant a permanent easement to the City along Frantz Road and 161
` to give the City~the ability to install an entrance or welcome sign at the corner of Frantz
and 161.
In terms of architectural control, they have agreed to restrict the site to certain uses.
Renderings have been presented for all of the sites along 161. Their goal is to have the
sites uniform in materials or at least complimentary.
They are working with the Corporex group encouraging them to use comparable brick for
the hotel.
The existing boundary trees will be integrated into parking bays or the landscape plan.
The landscape plans along 161 and Frantz will include a small stone wall approximately 30
inches tall -atypical Dublin wall.
Ms. Grigsby noted that the state law changed in 1994 in regard to tax increment financing.
The map distributed previously highlighted the two existing pre-July of 1994 TIF districts
which allow for the City to receive 100 percent of the incremental increase on the
improvements. Those dollars are then used 100 percent to reimburse the on-site
improvements. The other two sites identified as new TIF's are for Embassy Suites and for
an additional hotel or restaurant and will be set up similar to the Rings Road TIF - a non-
school district TIF.
She noted that the office building is not included in the TIF. Therefore, the property taxes
and income taxes from the office building will be allocated to the usual entities without
any requirement for revenue sharing. Stan's estimate for reimbursement period for the
two TIF's is approximately 5.7 years to reimburse the costs of the improvements installed
by the developer.
A significant difference with this TIF is that the developer will front the costs for the
improvements.
It is estimated that an additional $240,000 in income tax will be generated each year on
the office site. The hotels will generate significant dollars in hoteUmotel tax -estimated at
$350,000 for Embassy Suites and $90,000 for the second hotel.
There are therefore three separate financing tools on this site: pre-1994 TIF's, post-1994
TIF's and an office building with no TIF.
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Mr. McCash noted that the information provided to Council indicated a payback period of
3.6 years.
Ms. Grigsby responded that staff had initially considered a straight TIF where the City
" would receive 75 percent in service payments, but a determination was made that the best
option was to have anon-school district TIF.
Mayor Kranstuber asked about the cost of the landscaping and how it involves bed tax
dollars.
Ms. Crrigsby responded that the landscaping figure is estimated at $400,000 and staff
proposes to use one-third of the additional hoteUmotel taxes generated to reimburse the
developer for those costs. The current description of the public improvements, however,
includes the landscaping, so taking out the landscaping and reimbursing it with hoteUmotel
tax funds would shorten the reimbursement period to 4.2 years.
Mrs. Boring noted that she has concerns with the TIF running with the land and not being
associated with a specific user.
Ms. Grigsby noted that the improvements identified in the TIF agreements are identified as
a certain user - a hotel or restaurant in these cases. The City would have to enter into an
agreement with the developer and could choose not to if the user changed.
Discussion followed about the reasons that the office building site is not included in a TIF
agreement.
Mr. Hansley stated that because there would be income tax revenue sharing with the
schools involved, staff is recommending not to TIF the office site.
~ Mayor Kranstuber pointed out that since the developer is fronting the costs and
subsidizing the interest, the City does not have a vested interest in the length of time that it
takes to pay back the improvements.
Mrs. Boring noted that she has a major concern with a policy decision being made on
using hoteUmotel tax dollars for private improvements. This should have been reviewed
by Finance Committee.
Ms. Grigsby responded that for this reason, staff included the landscaping under the
description of public improvements. Council could opt to use hoteUmotel taxes for
landscaping if they desire.
Mayor Kranstuber suggested that Council determine if there is consensus regarding use of
hoteUmotel taxes for this purpose.
Mr. Adamek stated that he supports the previous policy of Council, that of including the
landscape improvements in the public improvements of the TIF and not funding them with
hoteUmotel tax.
Mr. Peterson, Mr. Reiner, Mayor Kranstuber and Mr. McCash agreed with this.
Mayor Kranstuber summarized that a majority of Council then supports the current policy
on this matter.
Mrs. Boring indicated her second concern is with the timing of the proposal and the fact
that it is on the Planning Commission agenda on Thursday. Will the process continue if
Council does not approve it tonight?
Ms. Grigsby responded that she assumes that the TIF agreement is a critical part of the
development proposal.
Mrs. Boring further noted that she discussed the matter with Mr. Ghidotti by telephone.
The developer's willingness to install the roadway and to then be reimbursed by the City
is an attractive aspect of this proposal.
Mr. Hansley clarified that staff is not seeking a vote, but rather informal feedback for P&Z
and for staffwho continue to work on the proposal. The vote will be at the time of public
hearing of the TIF and the second TIF.
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Mr. Adamek asked what liability the City would be subject to if the second hotel would
not come on line.
Mr. Ghidotti responded that there would be no liability to the City given the nature of the
,.~-z transaction and the commitments being made by the developer. Not having a second hotel
on line as initially projected would simply slow the TIF based growth and revenues
available as well as the timing of reimbursements to the developer.
Mr. Adamek noted that he believes this project has potential as a great asset for the City.
He asked who will be responsible for the maintenance of the permanent easement.
Mr. Ghidotti responded that they will accommodate the City's wishes in regard to
maintenance of the easement area and the area along 161.
Mr. Helwig added that the Grounds and Facilities division has indicated their desire to
maintain this area in view of its gateway location to the City.
Mr. Adamek suggested that the land then be dedicated to the City as opposed to a
permanent easement.
Mr. Ghidotti responded that if the land is dedicated, the City's right-of--way begin from the
property line which reduces the available space on the site.
Mr. Adamek noted that the 5 foot setbacks on the southern boundary do not seem
consistent with the other areas of Metro.
Mr. Ghidotti responded that the Pizzuti project's southern boundaries has setbacks of 15
feet for buildings and 10 feet for parking. Accommodating a second hotel inside of the
loop road on a 1.8 acre site resulted in reduced setbacks.
Mr. Reiner asked if drawings are available showing site positioning, setbacks and the
building arrangement.
Mr. Ghidotti showed drawings to Council, indicating the 50 feet greenbelt and the other
buildings on the site. He also showed pictures of the office building, the Embassy Suites,
front and back. They have a general conceptual plan of the landscaping. He noted that
the Embassy Suite will have a center atrium area.
Mr. Reiner suggested that the parking lot be sunken to hide the cars from the freeway and
from 161. Hopefully, this could be done without generating undue hardship. The goal
would be to minimize the view of automobiles from the roadways.
Mr. Ghidotti responded that 161 as a limited access road requires a 6-foot high opaque
berm which they hope to accomplish with mounding and stone walls with trees on top of
that. However, coming east on 161 and going over 270 will bring the cars higher than the
site and make it impossible to hide all of the parking areas. Within the loop road, they
have discussed having trees which will deflect the view of the parking areas.
Mr. Reiner asked if that will be part of the covenants.
Mr. Ghidotti indicated that this would be part of the landscaping plan which would have to
be approved by staff.
Mr. Reiner indicated for the record that he did have a conversation with Mr. Ghidotti by
telephone and also with Todd Sloan. In regard to the maintenance issue, he suggested an
. easement where the City could add to the landscaping. He is not supportive of spending
City dollars to maintain all of the landscaping.
Mr. Smith responded that an easement could be written to allow the City to add perennials
or annuals and the developer could be required to maintain them.
Mr. Hahn stated that if the City maintains the landscaping, there will be major operating
cost impacts. The City would have complete control, however, of the quality level of this
strip and mowing could be done all on the same day. The Daimler Group has indicated
they are open to any suggestions.
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Mr. Hansley suggested that a compromise could be to write the easement to allow the
developer to do the maintenance, but giving the City the right to take over the
maintenance if the City is not satisfied with the quality level.
Mr. Ghidotti commented that in view of three different property owners along 161 on the
site, it may make sense for the City to maintain the easement for uniformity reasons.
Mr. Ghidotti stated that there is an outline included in the information from Squire,
Sanders and Dempsey listing the items in the agreement. In discussions with Corporex
counsel prior to this meeting, they have indicated they are uncomfortable with the 95-foot
height restriction and would like an additional three feet for their site only. In addition,
the portion where the property is transferred to the City, then out of the City, and then
back to the developer seems to be confusing. As the developer, they want all rights to
review all of the architecture.
Mr. Reiner asked for clarification that everyone is in agreement regarding the architecture
on the site, i.e., that the materials will all be the same -the same color brick and trim with
uniformity.
Mr. Ghidotti confirmed this. Under their contract, they will have the right to review the
plans for the purchasers of the property. The Planning division will not review the
architecture since this is not a PUD.
Mr. Smith clarified that the deed restrictions are an attempt to put PUD standards on the
site in terms of materials, setbacks, architectural style. The deed restrictions will run with
~.a • the land and the City will be the third party beneficiary able to enforce them.
Mrs. Boring stated that her understanding is that the deed restrictions are tied to the City's
granting of the TIF.
Mr. Smith confirmed this.
Mr. Smith emphasized that if Council has additional concerns, they can be addressed in the
deed restrictions, but not in the platting process with P&Z. This is not a rezoning case.
In regard to the right-of--way issue mentioned by Mr. Ghidotti, the City had previously
obtained right of entry from Mr. McKitrick for the Frantz/161 road improvements project.
The case was never settled, however, and the numbers ranged from $150-200,000 for the
strip of land owned by Mr. McKitrick. Daimler purchased the land as part of this site and
is willing to deed the right-of--way to the City with the project.
Mr. Reiner asked Ms. Clarke about her opinion in regard to the building setbacks and
height.
Ms. Clarke responded that the building setbacks are not an issue for her. The parking
setback along the internal street meets Code but is lower than staff s expectations. It is
lower than parking setbacks within any major Dublin development she is aware of. Staff
will work with the developer to ensure that the parking lots are completely hidden and
obscured from view. It will require an innovative plan on the developer's part to
accomplish this.
Mr. Reiner asked if the buildings will be internally oriented from the road.
Mr. Ghidotti responded that the front door will be on Metro North.
Mr. Peterson asked if the developer prefers to have one tenant in the ofI•ice building and
for further clarification on the stone wall and the property transfer issue alluded to by Mr.
Ghidotti.
Mr. Ghidotti responded that at this point, they have not actively marketed the office
building. It will be no higher than three stories. The stone wall conceptually will begin
with a monument at the end of the off ramp from I-270 north to 161 east, and then
meander the length of 161. The property is currently titled to an entity named "Capitol
Square Limited" -Daimler's joint venture partner.
Mr. Smith indicated that the deed restrictions will be recorded before the splits occur and
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will run with the entire property. The City will be third party beneficiary to whomever
holds title which will give the City the right to enforce the deed restrictions. The
consideration involved is the granting of the TIF.
Mr. Smith added that he is comfortable with the enforceability of the deed restrictions.
Mr. Peterson asked if the anti-rezoning restriction included in Mr. McKitrick's contract is
unusual.
Mr. Smith responded that there is some owner financing which is tied to time frames
which would be impossible to meet if approval of a rezoning application was needed.
Mr. Ghidotti stated that there are additional reasons that they cannot rezone the property.
They have entered into contracts and if they are breached, they are subject to claims of
breach of contract.
Mr. Peterson asked if the right-in, right-out access from Frantz Road causes any concerns.
Mr. Ghidotti responded that they were not a party to previous conversations between
Cooker, their counsel and the City of Dublin over a two year period. The City engineer
and Daimler Group are not supportive of a signal between Metro Place North and 161 due
to the bottleneck it could create.
Mr. Peterson commented that the project seems to be well thought out and is the kind of
project which is good for Dublin. The income tax dollars and high quality development
will be good for the City. He thanked staff and the developer for their input and patience.
Mr. McCash stated that he does not want the City to be involved in maintaining private
land. The building setbacks on internal property lines do not seem to meet the current
zoning code. They will have to be addressed in the deed restrictions.
Mr. Smith asked for Council's consensus on the issue of the landscaping maintenance.
It was the consensus of Council to have the developer maintain the green space and for
the City to have the right to enhance the landscaping in the corridor.
Ms. Clarke confirmed that the setbacks are adequate in terms of zoning -they meet or
exceed the setback requirements for a straight zone.
Mr. McCash noted that he is not in favor of using hoteUmotel taxes for the payback for
landscaping.
Mr. McCash also noted that he is concerned with the appearance of the height of the
building and how it is set back.
Mr. Ghidotti responded that the architect does not have final plans at this point. The gable
feature may require some flexibility and therefore they have requested an additional 3 feet
in height.
Mr. McCash asked about the appearance of Cooker's Restaurant.
Mr. Ghidotti confirmed that he spoke with Cooker's today and told them they must
comply with using brick materials.
Mr. McCash noted that he has signage concerns, especially in terms of wall signs.
Mayor Kranstuber asked if the Embassy Suites renderings are illustrative or fairly realistic.
Brian Copfer, Corporex stated that the architect has just been retained. They will work
with Daimler Group to coordinate materials, colors and the overall design. They will
follow the Embassy Suites code or prototype. There will be a larger atrium than what
they have shown Council. He confirmed that the front elevations and the back elevations
will be identical.
Mr. Reiner asked about the smaller hotel and whether it will be internally structured.
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Mr. Ghidotti confirmed that the proposed smaller hotel will be in the range of $80 per
night cost.
Mr. Smith suggested that the language indicate an "interior corridor type" hotel.
Mr. Reiner asked how the parking will be hidden.
a- . Mr. Schmalenberger stated that the landscaping and the top soil on the site will assist in
this effort. They will follow Dublin Code in this regard.
Mayor Kranstuber indicated that his concern is incorporating a big mound which is very
distracting and not attractive. He would prefer not hiding the cars if it means hiding a
beautiful building. He prefers the effort be spent in designing a good looking building.
Mr. McCash agreed that there are ways to sensitively screen parking areas aside from
mounding on the outskirts of the site.
Mayor Kranstuber asked for an estimated design completion date for the Embassy Suites.
Mr. Copfer responded that this will be in approximately 6 weeks.
Mayor Kranstuber indicated that he would prefer that the renderings be made part of a
legal document to ensure that the building appearance is as proposed.
Mr. Smith responded that the TIF will contain all of the deed restrictions agreed upon. He
is not certain how the renderings can be incorporated if they are not completed within the
next two weeks. He will work on same language to address this concern.
Mr. Ghidotti noted that Corporex could still back out of this deal. Attaching an actual
rendering could restrict their flexibility, and the developer would have a piece of property
which could then not be sold to someone else.
Mr. Smith agreed to discuss with Mr. Ghidotti language which will satisfy Council's
concerns and the applicant's.
Ms. Clarke pointed out that in view of the reliance upon renderings, the Embassy Suite
sign as presented does not conform to Dublin's Code.
Mr. Smith summarized that staff has direction and will bring Council documents to enable
them to approve the TIF in two weeks.
Ms. Clarke clarified that signage is applicable on a site by site basis, and this is not a PUD.
Therefore, signage is not coordinated among the sites unless the developer chooses to do
so.
Mayor Kranstuber asked about the square footage of the office building.
Mr. Ghidotti responded that it is 100,000 square feet and three stories. In terms of overall
density on the site, they are at 12,900 square feet per acre.
Mayor Kranstuber asked if the office building is considered freeway frontage or 161
frontage for purposes of the sign code.
Ms. Clarke responded that she will check on this.
. Mrs. Boring stated that in the previous discussion regarding parking, the applicant has
made a good argument for lowering the parking requirements for the hotel in order to
alleviate the massive amounts of pavement. The shared parking idea was always worth
consideration in any variance hearing.
Mr. Smith suggested that Council could by motion indicate to BZA that Council has
reviewed the proposal and provides this input for them to take into consideration.
Mrs. Boring moved that Council endorse to BZA Daimler's request for a parking variance
based on the criteria outlined in their memo to Rick Helwig dated January 12, 1998.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mrs. Boring,
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yes; Mayor Kranstuber, yes; Mr. Peterson, yes.
Final Plat -Bellepoint Place
Ms. Clarke stated this is a final plat for 6.5 acres located across from Bailey Elementary
School on the southwest corner of Brandonway Drive and Dublin Bellepoint Road. The
site is zoned PLR, with a cul-de-sac that heads southward from Brandonway Drive. It
includes 13 lots, all of them oriented toward the cul-de-sac. There is no direct access for
any of the lots onto Brandonway Drive or onto Dublin Road. At one point in the review
process, this site was under consideration for a fire station building. That issue was
resolved. The subdivision is nearing completion. Parkland is not being provided and a fee
will be paid in lieu of parkland dedication. Staff is recommending approval, and the
Planning Commission recommended approval by a vote of 6-0 with six conditions listed in
the Record of Action dated February 5, 1998:
1) That the issue of Brandon Section 4 Reserve D be finalized to the satisfaction of
the Law Director's office;
2) That the park fee of $30,700 be paid to the City prior to the recording of this final
plat;
3) That the plat be revised to indicate the prohibition offences;
4) That the final plat be revised to indicate a bikepath easement through the affected
lots which backup to Dublin-Bellepoint Road (Lots 1 through 5 and Reserve A);
5) That the appropriate deed restrictions be submitted for review and recorded with
Franklin County; and
6) That all conditions be met prior to scheduling this case for City Council review.
Jim Brundage. 682 Paddlewheel Drive, Westerville, applicant was present to respond to
any questions.
Mrs. Boring asked if the waterline is extended so that the church can tap into it.
Ms. Clarke indicated that the staff report reflected engineering comments that utilities to
the church have been extended with this subdivision.
Mayor Kranstuber moved to approve the final plat of Bellepoint Place.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor
Kranstuber, yes; Mr. McCash, yes.
Council Round Table/Committee Reports
Mr. Adamek reported:
1. The Finance Committee met recently on three items referred to them by Council.
Discussion took place with the Old Dublin Association, Team Columbus and the
Community Relations division regarding events scheduled in Old Dublin this
summer. The Committee has asked the group to meet with the Dublin Kiwanis
regarding a possible combining of events. They will report back to the Finance
Committee.
The Committee also reviewed the existing bed tax criteria and recommends that
applicants seeking City services only continue to bring their request through the
bed tax process.
The Committee also reviewed information from the Planning Division regarding
an interim plan for the Union 76 site and the estimated costs. This information
will be distributed to all of Council and will be an agenda item for an upcoming
Council meeting.
2. He has copied an article from the Columbus Dispatch for Council regarding a
recent Plain City town meeting about development issues.
Mrs. Boring reported:
1. In regard to the board and commission appointment process, she has asked the
clerk to distribute copies of applications and to schedule interviews for Planning &
Zoning Commission and Board of Zoning Appeals applicants. The interview dates
are Thursday, March 12 beginning at 6:30 p.m. and Monday, March 16 prior to
the Council meeting.
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2. A Council appointee is needed to represent the City on the Mid Ohio Regional
Planning Commission. She moved to appoint Council Member Peterson to this
position.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek,
~ yes; Mayor Kranstuber, yes; Mr. Peterson, yes.
3. The Dublin Women's Club celebrates their 20th anniversary this year and plan to
donate an art project to the City. At their board meeting today, they approved
funding for a stained glass window to be incorporated into Phase 2 of the
Recreation Center.
4. She recently received a mailing regarding a development called, "Emerald Village"
proposed for a site behind Inverness Village. This is a proposed development and
she asked Council members to assure residents that the review process for this
proposal has not begun as of this time.
5. Happy Birthday to Mary Bearden and to Steve Smith!
Mr. Peterson commented as follows:
1. He thanked Council for the MORPC appointment. He looks forward to
representing Council in this capacity and working with Mrs. Stillwell.
2. He was contacted by Mr. and Mrs. Halloran regarding the setback issue on Post
Road in connection with the Community Plan.
Mr. Smith responded that he has a draft letter to the Hallorans and to Mr. Cline on this
matter and it will be sent this week. He will copy Mr. Peterson on the letter.
3. There has been some correspondence sent to Council regarding signage
enforcement in Old Dublin, and he asked for an update from staff.
~ Ms. Clarke reported that during the Dublin Road closing for the sewer project, staffwas
not vigorously enforcing signage violations in view of the City's commitment to minimize
the impacts of the traffic rerouting on the Old Dublin merchants. The ARB reviews all
signage for Old Dublin and determines the appropriateness of such signage. She will
check with staff and report to Mr. Peterson on the specific violations which were noted in
the letters.
Mr. McCash reported:
1. He also has concerns about the signage issues for Old Dublin. He asked about the
status of the historic district ordinance which was referred to the Old Dublin
Working Group of the Community Plan.
Ms. Clarke stated that the working group has disbanded following adoption of the Plan,
but other interests are still working on those issues. She will check on the status of the
historic district ordinance introduced by Mr. McCash.
Mr. Hansley added that staff will enforce the existing guidelines for signage in Old Dublin
unless Council directs otherwise. If Council wants to relax the guidelines until the historic
district ordinance review is complete, they can do so.
Discussion followed.
It was the consensus of Council not to relax the existing sign code in Old Dublin.
2. Regarding the residents' petition regarding the street lighting planned for the
Woerner-Temple extension, staff suggests scheduling a discussion on the next
Council agenda under the "Other" portion.
It was the consensus of Council to do so.
3. In regard to the 27-29 S. High Street city-owned building, he has been contacted
by a prospective lessee who would not have to wait for a liquor license. He asked
about the status of the project.
Discussion followed about the number of liquor permits available in the City and the fact
that the number is based upon the population.
Mr. Smith stated that a couple of individuals have indicated an interest in cooperating with
the City on a private census to provide updated population numbers to the Department of
Liquor Control.
Mr. Smith suggested that if Council has an interest in pursuing this, staff can bring
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additional information to them at the next meeting.
Discussion followed about the additional benefits of having an accurate population number
in terms of assessing service needs.
Mr. McCash indicated that the preferred applicant for the City owned building has already
appealed the license issue once. If the census process can lead to occupancy of the
building an at earlier date by making additional licenses available, it would be worthwhile.
4. Mr. McCash asked about the status of the Hayden Run bridge project and whether
Columbus has been paid for the work in view of the problems with the stone.
He noted that it is easier to have warranty work completed when the monies
have not been paid in full.
5. In doing his federal taxes, he noticed that donations for parkland or endangered
species can be made on that form. Is there a possibility of doing this in Dublin for
local income tax refunds?
Ms. Cmgsby responded that this has been studied before, and the amount of money
generated would be very minimal in terms of the administrative work which would be
required. She will share the research work done previously on this matter with him.
Mayor Kranstuber reported:
1. There is federal legislation currently before Congress on takings which would
impact local governments. He asked if the City has communicated a position to
our local Congressional representatives.
Mr. Smith will check on this and report back to Council. He added that the state
annexation bill is being closely watched by municipal governments as it could adversely
impact municipalities.
2. Thanks to Mrs. Boring for attending the Central Ohio Mayors' meeting held in
Columbus recently.
3. He met with the manager of Tuttle Mall recently. Mr. Scales relayed that the mall
has had little trouble with crime and the mall has exceeded expectations in terms of
volume to date.
4. A resident complained about the lottery system for sign-up for recreation
programs. He suggested that if a resident is bumped out of a class that they be
given priority for the next scheduled session. There are additional issues for
working mothers who want their children registered for the summer camp
programs. He wanted staff to be aware of these concerns.
The meeting was adjourned at 10:20 p.m.
i
ayor -Presiding Officer
Clerk of Council