Ordinance 018-16RECORD OF ORDINANCES
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Ordinance No. 19-16 Passed '0
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INFRASTRUCTURE AGREEMENT WITH SCHOTTENSTEIN
HOMES, LLC. FOR THE BALLANTRAE WOODS DEVELOPMENT
WHEREAS, the Community Plan has stated objectives to implement the Thoroughfare
Plan with development opportunities to ensure that roadway are committed and to
maintain an acceptable balance between public and private sector responsibilities for
roadway improvements; and
WHEREAS, the SCHOTTENSTEIN HOMES, LLC. C' Developer's desires to create the
Ballantrae Woods development; and
WHEREAS, the Developer has performed a traffic impact study MS) as required for
rezoning for the Ballantrae Woods development; and
WHEREAS, the Parties agree to enter into this Agreement relating to the contribution
to certain transportation improvements to the surrounding roadway network to
mitigate the impact of the additional traffic generated by the Development.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached
Infrastructure Agreement with Schottenstein Homes, LLC for the Ballantrae Woods
Development in substantially the same form as attached, with changes not inconsistent
with this Ordinance and not substantially adverse to this City and which shall be approved
by the City Manager. 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.
Section 2. This Ordinance shall take effect upon and be in force upon the earliest
date permitted by law.
ATTEST:
0— e
Clerk of Council
4 Office of the City Manager
5700 Emerald Parkway # Dublin, OH 43017 -109D
o
f Dub] i n Phone. 514- 410 -4400 a Fax; 614 -410-4490
To: Members of Dublin City Council
From; Dana L. McDaniel, City Manage"'
date; April 21, 2016
Initiated By; Paul A. Hammersmith, PE, Director of Engineeringf City Engineer
C. Aaron Stanford, PE, Senior Civil Engineer
Re: Ordinance 18-16 — An Ordinance Authorizing the City Manager to Enter into
an Infrastructure Agreement with Schottenstein Homes, ILC, for the
Ballantrae Woods Development
Summary
Schottenstein Homes, LLC, is currently proposing to develop a residential development on a site
located just north of Amlin and south of Churchman Road. As this requires the property to be
rezoned, staff has been working on the proposal to ensure that the plans meet the criteria for
review and approval as described in Section 153.050 of the Zoning Code, The Developer was
required to submit a trafhc impact study (TIS) to the City for review and approval The TIS
evaluates the impacts the additional traffic will have on the surrounding roadway network and
suggests mitigation measures for any impacts, The study found that the Churchman Road
improvement currently being constructed will provide adequate turn lanes to the proposed
development. This study also found that there were some minor decreases in level of service for
some of the off -site intersections analyzed and that a left turn lane from Cosgray Road to
Churchman would likely be warranted within the study's horizon year (2025). With a roundabout
anticipated to be constructed at the intersection of Churchman Road and Cosgray Road prior to
this horizon year, the developer has been required to donate the value of the turn lane in lieu of
constructing this turn lane.
As stipulated by the agreement, the Developer wil! commit to dedicate to the City of Dublin the
necessary right•of -way and temporary construction easements needed for the construction of
Churchman Road. The second phase of Churchman Road was bid an April 7, 2016, and
construction is scheduled to begin in the coming weeks.
The projected contribution to mitigate the development`s traffic impacts less the value of the right -
of-way to bedonated is $130,000. This contribution shall be made prior to the recording of a final
plat far any section of the development, or by December 31, 2017, whichever comes first.
In order to memorialize the contribution of Schottenstein Homes, llC to the above- referenced
mitigation measures, staff drafted the attached Infrastructure Agreement. The Infrastructure
Agreement has terms that define the contribution amount and when the contribution is to be made
to the City of Dublin, Schottenstein Homes, LLC has reviewed the Infrastructure Agreement and
has agreed to the terms contained therein.
Recommendation
Staff recommends approval of Resolution 1$ -16, authorizing the City Manager to enter into an
Infrastructure Agreement with Schottenstein Homes, LLC. far the Ballantrae Woods development.
INFRASTRUCTURE AGREEMENT
FOR THE
BALLANTRAE WOODS DEVELOPMENT
This Infrastructure Agreement (the "Agreement) dated , 2016, by and
between the CITY OF DUBLIN, OHIO ("Dubiiri), a municipal corporation duly organized and
validly existing under the Constitution and laws of the State of Ohio (the "State) and its
Charter, and Schottenstein Homes, LLC, an Ohio Limited Liability Company
("Deveiopei" and collectively with Dublin, the "Parties), a corporation, witnesseth:
WHEREAS, the Developer is presently engaged in the improvement of certain land in the City
of Dublin, Ohio (within Franklin County) and is desirous of constructing public street
infrastructure, and related public facilities to service the residential lots located in a
development known as Ballantrae Woods (the "Development);
WHEREAS, the Developer has completed a traffic impact study ("TIS) for the Development
that has been reviewed by Dublin and the Franklin County Engineer; and
WHEREAS, the Parties agree to enter into this Agreement relating to the contribution to
certain transportation improvements to the surrounding roadway network to mitigate the
impact of the additional traffic generated by the Development;
NOW, THEREFORE, the Parties covenant, agree and obligate themselves as follows:
1. The Developer agrees to contribute $180,000 to the City of Dublin to mitigate the impacts of
the development on the surrounding transportation network. This contribution shall be
made prior to the recording of a plat for any section of the Development, or by December
31, 2017, whichever comes first.
2. The Developer will also agree to dedicate the right -of -way depicted on the attached exhibit
and any temporary construction easements necessary for the construction of Churchman
Road and any associated utility improvements, at no cost to the City.
3. Indemnification and Hold Harmless. The Developer agrees to defend, indemnify, protect
and hold harmless Dublin , its elected officials, officers, employees, agents, and volunteers
from and against any liability for all actions, claims, losses, damages, costs and /or expenses
(including reasonable attorney's fees) to the extent that such actions, claims, losses,
damages, costs and /or expenses arise out or are in any way caused by the performance or
non - performance of this Agreement, either directly or indirectly, irrespective of whether
such actions, claims, losses, damages, costs and /or expenses are caused by the acts,
omissions or conduct of the Developer or its employees, agents and representatives.
4. Notices. Except as otherwise specifically set forth in this Agreement, notices, demands,
requests, consents or approvals given, required or permitted to be given hereunder shall be
in writing and shall be deemed sufficiently given if actually received or if hand - delivered or
sent by recognized, overnight delivery service or by certified mail, postage prepaid and
return receipt requested, addressed to the other Parties at the addresses set forth in this
Agreement or any addendum to or counterpart of this Agreement, or to such other
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INFRASTRUCTURE AGREEMENT FOR THE BALLANTRAE WOODS DEVELOPMENT
DATE OF AGREEMENT:
addresses as the recipients shall have previously notified the sender of in writing, and shall
be deemed received upon actual receipt, unless sent by certified mail, in which event such
notice shall be deemed to have been received when the return receipt is signed or refused.
A duplicate copy of each notice, certificate, request or other communication given
hereunder to the Parties shall be given also to the others. The Parties, by notice given
hereunder, may designate any further or different addresses to which subsequent notices,
certificate, requests or other communications shall be sent.
(a) As to Dublin:
City of Dublin, Ohio
Attention: Director of Engineering
5800 Shier -Rings Road
Dublin, Ohio 43016 -7295
(b) As to Developer:
Schottenstein Homes, LLC
140 Mill Street, Suite A
Gahanna, Ohio 43230
5. Extent of Provisions Regarding the Parties; No Personal Liability. No representation,
warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall
be deemed to constitute a representation, warranty, covenant, agreement, obligation or
stipulation of any present or future official, member, officer, agent or employee of the
Parties in an individual capacity, and to the extent authorized and permitted by applicable
law, no official executing or approving the Parties' participation in this Agreement shall be
liable personally under this Agreement or be subject to any personal liability or
accountability by reason of the issuance thereof.
6. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the
Parties, and their respective permitted successors and assigns. The Parties will observe and
perform faithfully at all times all covenants, agreements and obligations under this
Agreement.
7. Governing Law /Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Ohio, without giving effect to the principles thereof relating to
conflicts or choice of laws.
IN WITNESS WHEREOF, Dublin and the Developer have caused this Agreement to be
executed in their respective names by their duly authorized representatives, all as of the date
first written above.
(Signatures are on next page.)
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INFRASTRUCTURE AGREEMENT FOR THE BALLANTRAE WOODS DEVELOPMENT
DATE OF AGREEMENT:
Developer: Schottenstein Homes, LLC
Signature
Printed Name:
Title:
City of Dublin, Ohio
Date
Signature Date
Dana L. McDaniel, City Manager
Approved as to form:
Signature Date
Law Director
0127206.0607929 4822 - 9224- 0431v1
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