017-98 OrdinanceORDINANCE NO. 17-98
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 AND
TO SUBJECT THAT PARCEL AND RELATED PARCELS TO CERTAIN
COVENANTS AND RESTRICTIONS ENFORCEABLE BY THE CITY,
PROVIDING FOR PAYMENT OF A PORTION OF THOSE SERVICE
PAYMENTS TO THE DUBLIN CITY SCHOOL DISTRICT AND
ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX
INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF THE
BALANCE OF THOSE SERVICE PAYMENTS.
WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 provide that this Council
may declare improvements to a parcel of real property located in the City to be a public purpose, thereby
exempting those improvements from real property taxation for a period of time, specify public infrastructure
improvements to be made to benefit that parcel, provide for the making of service payments in lieu of taxes
by the owner thereof, provide for the distribution of the applicable portion of those service payments to the
overlapping Dublin City School District and establish a municipal public improvement tax increment
equivalent fund into which the balance of such service payments shall be deposited; and
WHEREAS, Daimler Equities, acting through its related entity Capitol Square, Ltd. , has acquired
certain real property located in the City, which property is described in Exhibit A hereto (the "Property"),
and contemplates making improvements to the Properly, and this Council expects to make the public
infrastructure improvements described in Exhibit B hereto, that once made would benefit the Property; and
WHEREAS, the City has determined that it is necessary and appropriate and in the best interests of
the City to provide for service payments in lieu of taxes with respect to the Property pursuant to Section
5709.42 of the Ohio Revised Code; and
WHEREAS, in consideration for the City's determinations herein that the Improvements (as
hereinafter defined) to the Property will be a public purpose, thereby enabling the City to provide for the
making and financing of the public infrastructure improvements described in Exhibit B hereto and benefitting
the Property, the owner of the Property has agreed that it, its successors and assigns and the Property and
certain related parcels will be subject to and bound by the covenants and restrictions (the "Covenants and
Restrictions") described in Exhibit C hereto, which Covenants and Restrictions will be enforceably by the
City;
WHEREAS, this City Council finds and determines that notice of this proposed Ordinance has been
delivered to all affected school districts in accordance with Section 5709.83 of the Ohio Revised Code and
hereby ratifies the giving of that notice;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and
Delaware Counties, Ohio, that:
Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.40,
this Council hereby finds and determines that 100% of the increase in true value of the Property subsequent
to the effective date of this Ordinance (which increase in true value is hereinafter referred to as the
"Improvement" as defined in Section 5709.40) is hereby declared to be a public purpose, and shall be exempt
from taxation for a period commencing on the date of passage of this Ordinance and ending with the earlier
of thirty (30) years from such date of passage or the date on which the City can no longer require semiannual
service payments in lieu of taxes under Sections 5709.40 and 5709.42 of the Revised Code, all in accordance
with the requirements of said Sections 5709.40 and 5709.42.
Section 2. The public infrastructure improvements set forth in Exhibit B hereto and to be made by
the City are hereby designated as those public infrastructure improvements that directly benefit, or that once
made will directly benefit, the Property (the "Infrastructure Improvements").
Section 3. As provided in Section 5709.42 of the Revised Code, the owner of the Improvement is
hereby required to, and shall make, service payments in lieu of taxes to the County Treasurer on or before
the final dates for payment of real property taxes, applicable portions of which service payments shall be (i)
distributed by the Franklin County Treasurer to the Dublin City School District, or (ii) deposited in the Upper
Metro Place Project Municipal Public Improvement Tax Increment Equivalent Fund established in Section 4
hereof, all pursuant to Ohio Revised Code Sections 5709.40 and 5709.42 and as provided in Section 4 of this
Ordinance. The Tax Increment Financing Agreement between and among the City and Capitol Square, Ltd.,
in the form presently on file with the Clerk of Council, providing for, among other things, the payment of
such service payments in lieu of taxes and containing the agreement by Capitol Square, Ltd. that it and any
successors and assigns to the Properly and the Property and certain related parcels will be bound by the
Covenants and Restrictions, is hereby approved and authorized with changes therein not inconsistent with this
Ordinance and not substantially adverse to this City and which shall be approved by the City Manager and
Director of Finance. The City Manager and Director of Finance, for and in the name of this City, are hereby
authorized to execute that Agreement, provided further that the approval of changes thereto by those officials,
and their character as not being substantially adverse to the City, shall be evidenced conclusively by their
execution thereof. This Council further hereby authorizes and directs the City Manager, the Clerk of Council,
the Director of Law, the Director of Finance, or other appropriate officers of the City, to make such
arrangements as are necessary and proper for collection from the owner of said service payments in lieu of
taxes.
Section 4. Pursuant to Ohio Revised Code Sections 5709.40 and 5709.42, the County Treasurer shall
distribute to the Dublin City School District from those payments in lieu of taxes provided for in Section 3
of this Ordinance, and at the same time and in the same manner as real property tax payments, amounts equal
to the amounts that School District would otherwise receive as real property tax payments derived from the
Improvement absent the passage of this Ordinance.
This Council hereby establishes pursuant to and in accordance with the provisions of Section 5709.43
of the Ohio Revised Code, the Upper Metro Place Project Municipal Public Improvement Tax Increment
Equivalent Fund (the "Fund"). The Fund shall be in custody of the City and shall receive from those
payments in lieu of taxes all amounts not distributed to the Dublin City School District. Those annual service
payments in lieu of taxes with respect to the Improvements on the Property, so deposited and distributed
pursuant to law as provided in Section 5709.42 of the Ohio Revised Code, shall be used solely for the
purposes authorized in Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43. The Fund shall remain
in existence so long as such service payments are collected and used for the aforesaid purposes, after which
said Fund shall be dissolved in accordance with said Section 5709.43 of the Ohio Revised Code.
Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this Council is hereby
~- directed to deliver a copy of this Ordinance to the Director of the Department of Development of the State
of Ohio within fifteen days after its passage. On or before March 31 of each year that the exemption set forth
in Section 1 hereof remains in effect, the Clerk or other authorized officer of this City shall prepare and
submit to the Director of the Department of Development of the State of Ohio the status report required under
Section 5709.40(E) of the Ohio Revised Code.
Section 6. This Council finds and determines that all formal actions of this Council concerning and
relating to the passage of this Ordinance were taken in an open meeting of this Council and that all
deliberations of this Council that resulted in those formal actions were in meetings open to the public in
compliance with the law.
Section 7. This Ordinance shall be effective at the earliest date permitted by law.
Signed:
;~ i'
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siding Officer
Attest:
Clerk of Council
Passed: 1998
w~.
Effective:: 1998
1 hereby certify that copies of this Qtditwncel a Wei pasted in the
City of Dublin in accer~once with Section 131.25 of the O~ae ihvised Code.
~~ ark Council, biin, Ohio
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The following real estate situated in the City of Dublin, County of Franklin and State of Ohio, as
bounded and described as follows:
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A-1
EXHIBIT A
DESCRIPTION OF I.84a ACRE TRACT AT T8E SOLrTFi4VEST
CORNER OF U.S ROUTE 33/S.R 161 AND FRANTZ ROAD, _
DUBLIN, OHIO
Situated in the State of Ohio, County of Franklin, City of Dublin, in Virginia Military Survey
No. 2542-and being 1.842 acres-out ofa Z3.70d acre tract of land conveyed to Capitol Square,
Ltd., by decd of. record in lnstrum~rrt 199802450026186 Recorder's Office, Franklin County,
""~" Ohio, and bounded and described as follows:
„~„ $¢ginning, for referettco, at a point in the centerline of Finatz Road (variable width) and at the
southeast comer of said'23.704 acre tract, said point being S S° 0?' 30" W a distance of 811.25
feet from a monumetrt box assctnbly found at the irmtcrsection. of the centerline of Frantz Read
with the ccntcr]ine of U.S. 1Zoute 33/ S.R. 16T.. said .intersection being at centerline station
207+47.80 (U.S_ Route 33) and 4+$2.80 (Frantz Read) as shown on Sheet 14 of 2d, of the 1965
Ohio Department of Transportation Right-of--Way Plans., FRA-270-7.47N;
thence N 83° I S' 23" W along a portion of the south tine of said 23.704 acre tract and along a
portion of the north Line of Reserve "A, as shown upon the plai of Metrocenter, of record in Plat
Book 55. Pages 8 and 9, Recorder's Office, Franklin County, Ohio a distance of 82.03 foot to a
3/4" l,D. iron pipe set at the intersection of the proposed west rig6trvf--way line of Frantz Road
with the north line of said Reserve "A" and at the true place of beginning of the tract herein
intended to be described (passing a point in the existing west right-of-way line of Frantz Road at
50.02 feet);
thence continuing N 83° 1S' 23" W along a portion of the south line of said 23.704 acre tract
along a portion of the north line of said Reserve "A" and along a portion of the north line of Lot
Number One (1), as shown upon said plat of Metrocerrter, a distance of 400,18 feet to a 3/4" I.D.
iron pipe set at the southeast corner of a proposed 2399 acre tract of land being conveyed out of
said 23,704 acre tract;
thence N S° 07' 30" 6 crossing a portion of said 23.704 acre tract and parallel with the centerline
of Franb. Road and along the east lino of said proposed 2.399 acre tract a distance of 199.20 feet
to a 3/4" I.D. iron pipe set in the south line of proposed Upper Metro Place (proposed to be 60
feet in width) and at the northeast corner of said proposed 2.399 acre tract;
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thence S 82° 16' 03" E crossing a portion of said 23.704 acre tract and along a portion of the
south line o~ said proposed Upper Metro Place a distance of 393.46 feet to a 3/4" I.D. iron pipe
set at rho northwesterly end of a line connecting the south line of proposed Upper Metro Place
with the proposed west tight of--way line of PYarttz Road:
thence S 38° 34' 16" E crossing a portion of said 23.704 aeretrsct and along said connecting line
a distance of 36.15 feet to a 3/4" I.D, iron pipe set in the proposed west right-of--way lint of
1~rantz Road;
thence S 5° 07' 30" W along the proposed west right-of-way line of Frantz Road a distance of
98.83 feet to a 3/4" I.D. iron pipe set at an angle point in the proposod west rigbtof--way line of
Frantz Road;
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EXHIBIT A
thenco N 84° 52' 30" W along the south line of the proposod west right-of-way liar of Fzaatz
Road and perpendicular to the caaterline of Frartb, Road a distance of 18,00 feet to a 3/4" I.D,
iron pipe set at an angle point in the proposed west right-of-way liar of Frarb. Road;
thence S 5° 0?' 30" W along the proposed west right-of--way line of Frantz Road a distance of
67.63 feet to the true place of beginning;
containing 1.842 acres of land more or Less and bring subject to all easements and restrictions of
record.
;,,~,,, The abovo description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird
~ R.J. Bull, Inc.; Consulting Engineers & Surveyors, Columbus, Ohio, firom an actual field
survey performed under 1Sis suporvision in December, 1997. Basis of bearings is the north lines
of Res¢rve "A" and Lots Nos. 1, 2, and 3, boing N 83° 15' 23" W, as shown upon the plat of
Metrocenter of record in Plat Book 55, Pages $ and 9, Recorder's Off cc, Frastktin County, Ohio.
Kevin L. Baxter
Ohio Sorveyvr ~?697 ~A~~ OF C?,S,f
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EXHIBIT B
DESCRIPTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS
The Public Improvements consist of the construction of approximately 1,800 lineal feet of road
through Upper Metro Place connecting Metro Place North to Frantz Road. The public roadway improvements
include three-lane pavement, curbs and gutters, street lighting, storm sewers, sidewalks and/or bikeways and
landscaping within the right-of--way or public easements. In addition, the public improvements include related
sewer and water improvements, design and other related costs, right-of--way acquisition, final plat preparation
as required, erosion and sediment control measures, grading and other related work, survey work, soil
engineering for the public street, construction staking and all other matters and activities necessary and
appurtenant to those public improvements.
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Exhib~~t ~
CARLILE PATCHEN & MURPHY
MEMORANDUM DATE: March 12, 1998
TO: Dublin City Council
.-.
FROM: Stephen J. Smith
RE: The Daimler Group -Development of S.R. 161/Frantz Road
Property (Former McKitrick Property)
Below please find a revised list of deed restrictions that have changes and additions which
have occurred since our Council meeting on March 2, 1998:
1. Enforcement by the City -the City would be named specifically as a beneficiary of the
covenants with the ability to enforce them.
2. Use of the Proper -the use of the property would be limited to offices, hotels and sit-
down or full-service restaurants. All hotels on the site shall be such that there will only
be interior corridor access to the rooms. Further, all air conditioning units shall be central
and not have outside individual units
3. Densi -any office use of the property would be limited to 17,500 square feet per acre.
4. Building Height -within 250 feet of Frantz Road, building heights would be limited to 40
feet. Elsewhere on the property, building heights would be limited to 98 feet.
5. Building and Parking Setbacks -
(a) Along the I-270 and S.R. 161 rights-of--way -
(i) Buildings - SO feet
(ii) Parking - 50 feet
(b) Along the Loop Road (the new road through the development) right-of--way -
__
__
(i) North side -
SJS/BJG/290684
035505.667
(A) Buildings - 40 feet except for the Embassy Suites parcel which is 30
feet.
(B) Parking - 18 feet [The Division of Planning must approve the
landscaping, including berm height and opaque screening of at least
3.5 feet, between curb and parking with the intent of screening the
view of parked cars from Loop Road.]
The arkinQ lots will be satisfactorily screened from the road A
plan, which includes the ROW ~radin~ perimeter bermin
evergreen plantm~ and/or other materials will be co operatively
designed by the developer and the City
(ii) South Side -
(A) Buildings - 30 feet, but 35 feet will be encouraged by the
Developer.
(B) Parking - 18 feet [The Division of Planning must approve the
landscaping, including berm height and opaque screening of at least
3.5 feet, between curb and parking with the intent of screening the
view of parked cars from Loop Road.]
The parking lots will be satisfactorily screened from the road A
lp an, which includes the ROW ~radin~ perimeter bermina_
evergreen planting and/or other materials will be co operatively
designed by the developer and the City
(c) Along the Frantz Road right-of--way -
(i) North of the Loop Road intersection -
(A) Buildings -not less than 150 feet from the centerline of Frantz Road
(i.e., the setback will not jog with the road right-of--way).
(B) Parking - as shown on the preliminary plat filed by the Developer.
(ii) South of the Loop Road intersection -
_ (A) .Buildings - as shown on the preliminary plat filed by the Developer.
(B) Parking - as shown on the preliminary plat filed by the Developer.
SJS/BJG/290684
035505.667
2
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(d) Along the South property line -
(i) Buildings - 5 feet, but the Developer will use its best efforts to save any
trees "worth saving" along the property line (whether or not within ~ feet)
which have at least a 6 inch diameter. The Developer and the City's
Division of Planning will jointly identify the trees worth saving.
(ii) Parking -same as building setback.
(e) Along all new interior property lines -
(i) Buildings - S feet on each side of the line, but landscaping along the
interior property lines will be required.
(ii) Parking -same as building setback.
6. Tree Preservation -any trees within road right-of--ways and building and parking setbacks
will not be disturbed. Elsewhere, the Developer will use its best efforts to save all trees
worth saving which have at least a 6 inch diameter, except those in the office building
footprint.
7. Landscaping -all landscaping plans (including trees and other plants, mounding,
sidewalks, fencing and ponds) will need to be approved by the City's Division of
Planning.
Landscaping Maintenance -The Developer shall provide the City of Dublin with an
easement for the landscaping buffer on both 161/33 and Frantz Road The Developer
and/or property owners shall be responsible for the installation and maintenance of all
landscaping on the project. However the City of Dublin shall have the right to enhance
said landscaping at its sole dtscretion and costs
,,,~ Further, in the event that the City determines that the above maintenance program is
inadequate or not bema properly unplemented, the City may, in order to retain a first class
appearance step in and complete and/or take over the maintenance in the above easement
areas. -
8. Street Width -Loop Road will be 36 feet wide measured from the back of the curbs.
9. Si na e -all signage (whether on buildings or on the ground) will need to be approved by
_ the City's Division of Planning. Although it is not reflected on the attached renderings
for the Embassy Suites Hotel, it is anticipated that Embassy Suites will seek a signaQe
variance for their site
10. Outside Lighting -all outside lighting will be consistent with the Metro Center lighting in
terms of style and brightness (foot candles), and shall meet the Dublin Lighting
Guidelines.
SJS/BJG/290684
035505.667
3
11. Architecture - In order to ensure architectural integrity and uniformity within the
development, the Developer will agree to ensure, through its review and approval process
of all improvements to be constructed within the development (or substantial renovations
or improvements thereto), that all improvements will be constructed in accordance with
the same or substantially similar architectural styling to the proposed office building to be
constructed by the Developer on the western-most property within the development. In
addition, the Developer will agree to ensure that all exterior materials and color schemes
will be consistent with afirst-class, office park development so that they will compliment
"~"" the proposed office building styling and building materials. No improvements wilt hP
constructed on any site within the development without the Developer's approval
on all buildin elevations. The re-cast concreteYon the office lbuildin Wlwillebe llimited
solely to the cylindrical entranceway to the office building and the backside of the office
butldm~ will consist solely of brick and glass
..~ ~L lli~l. 111a~ci1tllS. ror
Qurposes o clarifyin~ the immediately preceding sentence structures constructed on Lots
1 4 and 5 shall consist redotrunantl of brick and ma be au merited with re-cast
limestone or cedar accents and trim.
- ~u ~., L111VQJJ ~ui~es notes. the
_uildin~ materials on said exhibits will not vary more than 10% as to the materials mix
unless otherwise approved by the Director of Planning
The following areas must also be addressed in the restrictive covenants or at the time the
covenants are put in place:
Amendments to the Covenants -the City must approve any amendments to or
modifications of the covenants.
2. Term of the Covenants -the City must approve any termination of the covenants.
3. Liens -all mortgages and any other liens currently encumbering the property must be
subordinated to the covenants to ensure the survival of the covenants.
4. Consideration -the consideration received by the Developer and the City should be recited
specifically in the covenants to ensure the enforceability of the covenants by the City.
5. ~ Imposition of the Covenants -All of the above deed restrictions and covenants shall be
imposed upon the entire development The City of Dublin shall be a third party
beneficiary of these deed restrictions and covenants and shall have the authority to enforce
the deed restrictions and covenants. The manner in which the deed restrictions and
covenants are recorded shall be at the discretion of the Director of Law.
SJS/BJG/290684
035505.667
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