Ordinance 028-17Dayton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
28 -17
Form No. 30043
Passed .20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INFRASTRUCTURE AGREEMENT WITH
PULTE HOMES OF OHIO, LLC, AND UNION COUNTY, FOR
THE AUTUMN ROSE WOODS DEVELOPMENT
WHEREAS, the Community Plan shows future land use for the approximately 47 -acre site
on the east side of Hyland -Croy Road, between Park Mill Drive and Tullymore Drive, which
is pending annexation to the City of Dublin, as Mixed Residential — Rural Transition; and
WHEREAS, Pulte Homes of Ohio, LLC ( "Developer's desires to develop the site as Autumn
Rose Woods, with 73 single- family housing units ( "the Development'7; and
WHEREAS, the Developer has performed a traffic impact study (TIS) as required for the
rezoning necessary for the Development; and
WHEREAS, the Parties agree to enter into this Agreement relating to construction of, and
Developer's contribution of the Development's proportionate share for, certain transportation
improvements to the surrounding roadway network to mitigate the impact of additional traffic
generated by the Development; and
WHEREAS, some of the impacted roadways are under the jurisdiction of Union County.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware,
Franklin, and Union Counties, State of Ohio, of the elected members concurring,
that:
SECTION 1. The City Manager is hereby authorized to execute the attached Infrastructure
Agreement with Pulte Homes of Ohio, LLC, and Union County for the Autumn Rose Woods
development, in substantially the same form as attached, with changes not inconsistent with
this Ordinance and not substantially adverse to the 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 Ordoa fte shall take effect upon the earliest date permitted by law.
Iassed this / ay of �, , 2017.
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Mabor — Presidjhg O
ATTEST:
Clerk of CKAncil
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TOO Members of Dublin City Council
From: Dana L. McDaniel, City Mana
Initiated by: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
C. Aaron Stanford, PE, Senior Civil Engineer
Jennifer D. Readler, Law Director
Thaddeus M. Boggs
Date,,, April 20, 2017
Re: Ordinance 28-17 - Autumn Rose Woods Infrastructure Agreement
This memorandum pertains to a proposed infrastructure agreement between Pulte Homes, the
City of Dublin, and Union County. Execution of an infrastructure agreement is a condition of
approval recommended by Planning and Zoning Commission for the Rezoning and Preliminary
Development Plan.
The TIS indicated that improvements will be necessary, during the 2016-2026 period, to
achieve acceptable levels of service at the intersections of Hyland-Croy Road and Park Mill
Drive; Hyland-Croy Road and Post Road, and Hyland-Croy Road and Brand Road/Mitchell-
Frost Brown Todd LLC
Memo re. Ordinance 28-17 - Autumn Rose Woods Infrastructure Agreement
April 20, 2017
Page 2 of 3
DeWitt Road. The study forecast that improvements would be needed, and the developmenl
would contribute to traffic, at these intersections as follows by 2026-4
Additionally, the TIS states that northbound and southbound dedicated turn lanes will bit
needed on Hyland-Croy Road to accommodate traffic entering the site. The developer will
construct these improvements, contributing 100% of the cost.
at
The proposed infrastructure agreement provides for developer contributions to the off-sitC,
improvements as shown in the table below,
Off-Ske Improvements Table
Intersecti"on
IMPrOvement
Percent Sifte
I
S"te Contro'but"
I ion
m rovement
I p
Esti"mate
Contri"bub"on
Hyland-Croy Road
and Park Mill Drive
$ if 000f 000
3.0%
$30,000
Hyland-Croy Road
and Post Rod
a
$2,500,000
1 . 7%
$42f 500
Hyland-Croy Road
and Brand
Road/M itchel I -DeWitt
$500,000
1.7%
I
$8f 500
Road
Total_
$4r
Of OOP
Za130/o
$81000
Memo re. Ordinance 28-17 - Autumn Rose Woods Infrastructure Agreement
April 20, 2017
Page 3 of 3
The agreement also addresses the potential for change in jurisdiction controlling these
intersections. The intersections of Hyland-Croy Road and Park Mill Drive, and of Hyland-Croy
Road and Post Road, are currently under Union County"s jurisdiction. If these intersections are
annexed prior to the due date for contributions to these intersections/ improvements, then the
contributions will be paid to Dublin. Otherwise, they will be paid to Union County.
, A
Staff recommends approval of Ordinance No. 28-17 authorizing the City Manager to enter int
an Infrastructure Agreement with Pulte Homes of Ohio I LLC, and Union County for the Autum
Rose Woods development at the second reading/public hearing on May 22, 2017.
INFRASTRUCTURE AGREEMENT
FOR THE
AUTUMN ROSE WOODS DEVELOPMENT
This Infrastructure Agreement (the "AgreemenY� dated , 2017, by and
between the CITY OF DUBLIN, OHIO ("Dublin), a municipal corporation duly organized and
validly existing under the Constitution and laws of the State of Ohio (the "State) and its Charter,
UNION COUNTY, OHIO ("Union County' and collectively with Dublin, the "Jurisdictions'), a
county duly organized and validly existing under the laws of the State of Ohio, and PULTE
HOMES OF OHIO LLC ("Developer" and collectively with Dublin and Union County, the
"Parties'), a foreign limited liability company authorized to conduct business in the State of Ohio,
witnesseth:
WHEREAS, the Developer is presently engaged in the improvement of certain land pending
annexation into the City of Dublin, Ohio (within Union County) and is desirous of constructing
public street infrastructure, and related public facilities to service the residential lots located in a
development known as Autumn Rose Woods (the "Developmenn;
WHEREAS, the Developer has commissioned a traffic impact study, titled "Autumn Rose Traffic
Study ", prepared by Smart Services, Inc. and dated May 2016, most recently revised February
22, 2017 ("775') for the Development, that has been reviewed and approved by the Jurisdictions;
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; and
WHEREAS, the Developer intends to construct the Development in two phases, with the first
phases consisting of development of thirty -seven (37) lots and the second phase consisting of
development of thirty-six (36) lots; and
WHEREAS, the traffic impacts used in this Agreement to calculate cost contributions were
developed based on the TIS prepared for the Developer;
NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows:
The Developer agrees to construct a southbound left turn lane from Hyland -Croy Road into
the site as identified in the TIS, solely at Developer's cost. This on -site improvement shall be
constructed as part of the first phase of the Development, and is subject to the same
requirements for conditional acceptance as the other on -site improvements for the first
phase of the Development.
The Developer agrees to construct a northbound right turn lane from Hyland -Croy Road into
the site as identified in the TIS, solely at Developer's cost. This on -site improvement shall be
constructed as part of the first phase of the Development, and is subject to the same
requirements for conditional acceptance as the other on -site improvements for the first
phase of the Development.
The Parties agree that the Development adds traffic to the Hyland -Croy Road and Post Road
intersection under Union County's jurisdiction. The Developer agrees to contribute
$42,500.00 (1.7% of the estimated cost of $2,500,000.00). The estimated cost is based
upon the average cost of an improvement at the intersection using either a signalized or
roundabout configuration. This contribution shall be paid to Union County, except as
otherwise provided in Paragraph 7.
4. The Parties agree that the Development adds traffic to the Hyland -Croy Road and Park Mill
Drive intersection under Union County's jurisdiction. The Developer agrees to contribute
$30,000.00 (3% of the estimated cost of $1,000,000.00). The total cost of this improvement
is estimated at $1,000,000.00 whether the intersection is improved with a signal or a
roundabout. This contribution shall be paid to Union County, except as otherwise provided
in Paragraph 8.
The Parties agree that the Development adds traffic to the intersection of Hyland -Croy Road
and Brand Road /Mitchell- DeWitt Road under both Dublin's and Union County's jurisdiction.
Page 1 of 3
INFRASTRUCTURE AGREEMENT FOR THE AUTUMN ROSE WOODS DEVELOPMENT
DATE OF AGREEMENT:
The Developer agrees to contribute a total of $8,500.00 (1.7% of the estimated cost of
$500,000.00) for the intersection modification. This contribution shall be paid to Dublin.
The contributions provided in Paragraph 3 shall be made prior to recording the final plat for
the first phase of the Development. The contributions provided in Paragraphs 4 and 5 shall
be made prior to recording the final plat for the second phase of the Development (i.e., the
plat including the thirty- eighth lot in the Development), or December 31, 2025, whichever is
earlier.
7. If the Hyland -Croy Road and Post Road intersection is annexed to be under the jurisdiction
of the City of Dublin, and if such annexation occurs prior to the designated date for
payment of the contribution for that intersection, then the contribution for that intersection
shall be paid to the City of Dublin.
8. If the Hyland -Croy Road and Park Mill Drive intersection is annexed to be under the
jurisdiction of the City of Dublin, and if such annexation occurs prior to the designated date
for payment of the contribution for that intersection, then the contribution for that
intersection shall be paid to the City of Dublin.
9. The Developer will submit detailed plans and specifications, for the improvements to be
installed by the Developer to the Jurisdictions for their review and approval. No work shall
begin until such time that the Jurisdictions have granted the appropriate approval of the
plans and specifications.
10. The Developer shall repair, replace, or correct any improvements that have been improperly
installed or which have been proven faulty during the Maintenance Periods. The length of
the Maintenance Period shall be in accord with the Section 330 of the Union County
Subdivision Regulations or the Dublin Subdivision Regulations.
11. Prior to the approval of the infrastructure by the Union County Engineer or the Dublin City
Engineer, the Developer shall deposit a guarantee bond, amounting to a minimum of twenty
percent (20 %) of the actual total cost of infrastructure installed by Developer as a
guarantee that all equipment and materials were properly installed and that the
infrastructure will perform satisfactorily during the Maintenance Period.
12. Indemnification and Hold Harmless. The Developer agrees to defend, indemnify, protect and
hold harmless the Jurisdictions, their 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.
13. 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 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
Page 2 of 3
INFRASTRUCTURE AGREEMENT FOR THE AUTUMN ROSE WOODS DEVELOPMENT
DATE OF AGREEMENT:
5800 Shier -Rings Road
Dublin, Ohio 43016 -7295
(b) As to Union County:
Union County, Ohio
Attn: County Engineer
233 West Sixth Street
Marysville, Ohio 43040
(c) As to Developer:
14. 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.
15. 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.
This Agreement may be amended only by a writing signed by authorized representatives of
all Parties.
16. 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, Union County, and the Developer have caused this Agreement
to be executed in their respective names by their duly authorized representatives, all as of the
date written above.
Developer:
Board of Commissioners, Union County,
Ohio
Signature Date
Printed Name:
Signature
Date
Company Name: Pulte Homes of Ohio LLC
Charles Hall, Commissioner
City of Dublin, Ohio
Signature
Date
Gary Lee, Commissioner
Signature Date
Signature
Date
Dana L. McDaniel, City Manager
Steve Stolte, Commissioner
Approved as to form:
Approved as to form:
Signature Date
Signature
Date
Jennifer D. Readler, Law Director
David Phillips, Prosecuting Attorney
Page 3 of 3