Resolution 049-18RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No.
49-18
Passed , 20
RESOLUTION ACCEPTING
THE LOWEST AND BEST BID FOR THE
HYLAND-CROY ROAD /RIVIERA CONNECTOR PROJECT
WHEREAS, formal advertising and competitive bidding procedures have been
conducted, pursuant to Section 8.04 of the Dublin Charter and Chapter 37 of the
Dublin Code, for the Hyland -Croy Road / Riviera connector project; and
WHEREAS, the connection was identified in the Traffic Impact Study and a condition
of zoning approval for the Riviera development; and
WHEREAS, the connection was agreed to in the Infrastructure Agreement between
the City and the developer and said agreement was adopted by City Council via
Ordinance 36-15 (Amended); and
WHEREAS, Council has determined 'that the bid submitted by Strawser Paving
Company, Inc. constitutes the lowest and best bid.
NO THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The bid submitted by Strawser Paving Company, Inc. in the total
amount of $1,980,015.77 is accepted.
Section 2. The City Manager is hereby authorized to enter into contracts with
Strawser Paving Company, Inc. for performance and completion of the Hyland -Croy
Road / Riviera connector project pursuant to the Advertisement, Proposal and
Contract Documents for said project on file in the office of the City Engineer.
Section 3. This Council further hereby authorizes and directs the City Manager,
the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to prepare and sign all other agreements and instruments and to
take any other actions as may be necessary to implement this Resolution and
complete the Project.
ATTEST:
a..,
Clerk of Council
ion passage in accordance with
2018.
Office of the City Manager
5200 Emerald Parkway ® Dublin, OH 43017-1090
I� ® n Phone, 614-410-4400 4 Fax; 614-410-4490
Memo
To; Members of Dublin City Council
From, Dana L, McDaniel, City Mana:w ;r
Date: August 23, 2018
Initiated By: Paul A. Hammersmith, P,E,, Director of Engineering/City Engineer
Michael 5, Sweder, P,E,, Civil Engineer II
Re: Resolution No, 4918 —Bid Acceptance for the Hyland -Croy Road
Riviera Connector
Summary
On August 8, 2018, four (4) bids were received, publicly opened, and read by Engineering staff for
the Hyland -Croy Road / Riviera connector project, This project provides a new roadway connecting
the Riviera neighborhood site with Hyland -Croy Road, the extension of Cacchio Lane constructed
with Riviera, Section 3, This connection was identified in the Traffic Study and a condition of
zoning approval, For Council's reference, a reduced set of project construction drawings has been
placed in the Council Planning Room.
Ordinance 35-15, passed on June 8, 2015, rezoned the development from Rural District (R) and
Restricted Suburban Residential District (R-1) to Planned Unit Development (PUD), A condition of
the rezoning approval was entering into an Infrastructure Agreement between the developer and
the City, Ordinance 36-15 (Amended), passed on June 8, 2015, authorized the City Manager to
enter into an Infrastructure Agreement with Davidson Phillips, Inc, for the Riviera Development,
The agreement requires the Developer to work with the City to program a direct connection to
Hyland -Croy Road prior to the approval of a final plat that includes the Firenza Place connection to
Tartan West, Once this project is completed, the connection at Firenza Place can be opened per
the Agreement terms,
The Engineer's estimate for this project is $2,300,000, The budgeted funds for this roadway
connection in the 2018-2022 Capital Improvement Program are $2,150,000 from account ET165.
Funding will be from an advance from the General Fund to be repaid by anticipated service
payment revenue from the Riviera TIF,
Strawser Paving Company, Inc, submitted the lowest and best bid of $1,980,01577, Staff has
reviewed all bids and a summary of the bids received is listed below,
Bid as Read
Bidder
Bid as Read
over (+) or Under (.)
Corrected Bid
Strawser Paving Company, Inc,
$1,980,015.77
Engineer's Estimate,���
-13.9%
d
Miller Bros, Construction Inc,
1991272,06
-13,4°l0 `^
._,.,..__.._..
I George J, Igel & Company, Inc,
$21093,773.90
o
- 9.0 to
I -,
.
..__.n
Complete General Construction
I
$2,510,459.12
9,2 /o
Resolution 49-18 - Bid Acceptance for the Hyland -Croy Road 1 Riviera Connector
August 23, 2018
Page 2 of 2
The project is scheduled to be complete by May 31, 2019. To keep the residents informed of this
project, direct mailings were sent, a public meeting was conducted on October 25, 2017 and
additional information was made available on the City of Dublin website. All efforts will be made to
maintain access to the existing residences during construction, The City will have a designated
Engineering Project Inspector assigned to this project, who will provide project coordination and
be available to answer questions and manage access needs at adjacent residences throughout the
project.
Recommendation
Staff has reviewed the bid submitted by Strawser paving Company, Inc. Previous experience with
Strawser Paving Company, Inc. has been favorable, including these recent projects: 2017 Street
Maintenance Program; 2017 Parking Lot and Shared -Use Maintenance Program; 2016 Street
Maintenance Program, Part 2; 2016 Parking Lot and Shared -Use Path Maintenance Program and
2015 Street Maintenance Program, Staff is confident Strawser Paving Company, Inc. will perform
well on this project,
Staff recommends Council approval of Resolution No, 49-18, accepting as lowest and best the bid
of Strawser Paving Company, Inc, in the amount of $1,980,015.77 and authorizing the City
Manager to enter into a contract with Strawser Paving Company, Inc, for this project,
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Dgton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
36-15 (AMENDED)
Forth No. 1W 43
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INFRASTRUCTURE AGREEMENT WITH
DAVIDSON PHILLIPS, INC. FOR THE RIVIERA DEVELOPMENT
WHEREAS, the Community Plan has stated objectives to implement the
Thoroughfare Plan with development opportunities to ensure that roadway and utility
improvements are committed and to maintain an acceptable balance between public
and private sector responsibilities for roadway and utility improvements; and
WHEREAS, Davidson Phillips, Inc. ("Developer') desires to create the Riviera
development; and
WHEREAS, the Developer has performed a traffic impact study (TIS) as required for
rezoning for the Riviera development; and
WHEREAS, the Developer has completed sanitary sewer modeling for the
Development that has been reviewed and approved by the City of Dublin; and
WHEREAS, the Parties agree to enter into this Agreement relating to the
construction of certain transportation improvements to the surrounding roadway
network to mitigate the impact of the additional traffic generated by the
Development and certain sanitary sewer improvements to the downstream trunk
sewer to address existing system capacity deficiencies and mitigate the impact of the
additional sewer flow generated by the Development.
NOfyW�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 Davidson Phillips, Inc. for the Riviera Development in
substantially the same form as attached, with changes not inconsistent with this
Resolution 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 the earliest date permitted by law
Passed this —,Rk— day of �f�Yt�� , 2015.
J
ayor - Presiding Officer
ATTEST:
�I �rof
Co
City of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090 Memo
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: June 4, 2015
Initiated By: Megan D. O' Callaghan, PE, Public Works Director
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Steve Langworthy, Planning Director
C. Aaron Stanford, PE, Senior Civil Engineer
Claudia D. Husak, AICP, Planner II
Re: Ord. 35-15 - Rezoning approximately 152.2 acres from R, Rural District and R-1,
Restricted Suburban Residential District to PUD, Planned Unit Development
District for the potential development of the site with up to 185 single-family lots
and approximately 76 acres of open space on the west side of Avery Road, north
of the intersection with Belvedere Green Boulevard under the provisions of
Zoning Code Section 153.050 and a preliminary plat for 185 single-family lots,
rights-of-way, and open space in accordance with Chapter 152, the Subdivision
Regulations (Case #14-068Z/PDP/PP).
Ord. 36-15 (Amended) - An Ordinance Authorizing the City Manager to Enter
Into An Infrastructure Agreement with Davidson Phillips, Inc. for the Riviera
Development
Summary
Both ordinances were introduced at the May 18, 2015 City Council meeting. Council members
requested the applicant reconsider addressing tree preservation by relocating or removing Lots
40 and 41 from the preliminary development plan, and provide additional requirements in the
architectural standards for the proposed development. Council members requested information
regarding landmark trees, asphalt driveways, open space maintenance, proposed sanitary sewer
upgrades and the benefits and funding of the Hyland -Croy Road connection.
Memo re. Ord. 35-15 Riviera — Rezoning/Preliminary Development Plan/Preliminary Plat and Ord. 36-15
Riviera Infrastructure Agreement
June 4, 2015
Page 2 of 6
Rezoning
Tree PreservaG"on
The applicant has revised the
development text and the
preliminary development plan to
address some of the requests by
Council. To preserve the trees on
Lot 41, the applicant has
decreased the size of Lots 30
through 40, as they exceeded 100
feet in width in the previous plan.
The revised lots still meet the text
requirement of 100 -foot lots within
this Subarea but allow the location
of Lot 40 to adjust away from the
trees. A lot was relocated between
Lots 86 and 93 to adjust the location of Lot 41. The revised plan continues to show 185 lots on
the 152.2 -acre site for an overall density of 1.22 units per acre. The lot relocation also adjusted
the distribution of open space, however, the overall number remains the same at 76.1 (50%).
The Zoning Code defines a protected tree as a tree that is 6 inches in diameter or larger.
Replacement is required for such trees removed that are in good or fair condition. There is no
definition for Landmark trees, however, when Tree Waivers are requested of Council, Landmark
trees are listed as those over 24 inches in diameter. Several years ago, there was a community
volunteer effort that inventoried landmark trees in the City, which was translated into a GIS
database. However, at this point much of this data is over 20 years old.
The current proposal more effectively preserves significant trees. The applicant has made efforts
to identify those trees that existed prior to the development of the golf course (around the
stream and the two large oak trees). To ensure tree protection during construction, the
development text includes requirements for metal or wood fencing around landmark trees and
City inspections and approval of tree protection fencing prior to issuance of construction permits.
In addition, the development text indicates more detailed tree protection measures with the final
development plan, which is appropriate, as more details regarding utilities and grading as well as
tree conditions will be available.
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trees. A lot was relocated between
Lots 86 and 93 to adjust the location of Lot 41. The revised plan continues to show 185 lots on
the 152.2 -acre site for an overall density of 1.22 units per acre. The lot relocation also adjusted
the distribution of open space, however, the overall number remains the same at 76.1 (50%).
The Zoning Code defines a protected tree as a tree that is 6 inches in diameter or larger.
Replacement is required for such trees removed that are in good or fair condition. There is no
definition for Landmark trees, however, when Tree Waivers are requested of Council, Landmark
trees are listed as those over 24 inches in diameter. Several years ago, there was a community
volunteer effort that inventoried landmark trees in the City, which was translated into a GIS
database. However, at this point much of this data is over 20 years old.
The current proposal more effectively preserves significant trees. The applicant has made efforts
to identify those trees that existed prior to the development of the golf course (around the
stream and the two large oak trees). To ensure tree protection during construction, the
development text includes requirements for metal or wood fencing around landmark trees and
City inspections and approval of tree protection fencing prior to issuance of construction permits.
In addition, the development text indicates more detailed tree protection measures with the final
development plan, which is appropriate, as more details regarding utilities and grading as well as
tree conditions will be available.
Memo re. Ord. 35-15 Riviera - Rezoning/Preliminary Development Plan/Preliminary Plat and Ord. 36-15
Riviera Infrastructure Agreement
June 4, 2015
Page 3 of 6
Open Space Provision and Maintenance
Tartan West (42% of the site) is maintained by the HOA.
The proposal continues to include
all open space to be owned by
the City of Dublin, exceeding the
required open space dedication in
the Subdivision Regulations by 63
acres. The central open space will
provide an important preservation
of the stream corridor and a
community connection to the
open spaces in Belvedere and
Shannon Glen and farther south
to Avery Park, Westbury Park and
the Metro Park as well as to the
north in Tartan Ridge.
The City will maintain
approximately 55 acres of open
space, which consist of the
largest reserves around the
stream in the center of the site
and the reserves containing
stormwater management ponds.
The Public Services Committee of
Council recently met to discuss
the topic of Homeowners
Association maintenance of City -
owned open space. It is
noteworthy from that discussion
that the maintenance
responsibilities of Homeowners
Associations vary widely in the
City; for example, all of the open
space in Oak Park (50% of the
site) is maintained by the City,
while all of the open space in
Staff has re-evaluated the anticipated cost associated with maintaining the open space for both
the City of Dublin and the HOA. The estimated costs are only for maintenance and do not include
any costs for improvements or equipment such as pond aerators, landscaping and furnishings.
Additionally, the current proposal does not include a landscape plan or park development plans
for which costs could be estimated as these details will not be required until the final
development plan stage. Staff has used current contract pricing for all the estimates.
Memo re. Ord. 35-15 Riviera — Rezoning/Preliminary Development Plan/Preliminary Plat and Ord. 36-15
Riviera Infrastructure Agreement
June 4, 2015
Page 4 of 6
City of Dub/in owned and maintained-
- approximately 55 acres
- approximately 6 acres of ponds
- assumption of approximately 50% of land being managed in a natural state
- assumption the remaining 50% to be in mowed and routinely maintained turf
Annual projected maintenance costs = $90,000/ year
City of Dub/in owned/Home Owner Association maintained:
- approximately 21 acres
- assumption of 1 pond (no stormwater function)
- assumption of 100% of the land to be in mowed and routinely maintained turf
- also assumes an entry feature and somewhat routine landscaping
Annual projected maintenance costs = $60,000
With the proposed 185 lots and the assumption that each lot has the same HOA dues, Staff
estimates that each lot owner would incur $325 per year for open space maintenance fees.
Development Text
The applicant has revised the development text to require four -foot wide walks from the home to
the public sidewalk. Asphalt has also been added as a permitted driveway material. The Planning
and Zoning Commissions requested in their approval recommendation that asphalt not be a
permitted driveway material. The Code requires hard surface for driveways and permits asphalt,
concrete and pavers. Staff has conducted research and found that Subarea C of the recently
approved empty -nester Deer Run development does not permit asphalt as a driveway material.
Other Planned Districts refer to the Zoning Code for permitted materials.
Pre/iminary Plat
The proposed preliminary plat subdivides 152 acres of land into 185 single-family lots and
thirteen reserves of open space. The plat also provides rights-of-way for eleven public streets.
The Subdivision Regulations require the dedication of 13 acres (8.5%) of open space based on
the size of the site and the maximum number of units proposed; however, the applicant is
providing 76 acres (50%). The plat includes reserves labelled A through M.
Infrastructure Agreement
This proposed development provides the opportunity for a public roadway connection from the
western edge of this development to Hyland -Croy Road. This connection will help disperse traffic
to multiple access points and to reduce the traffic that would utilize existing roadways in
adjacent residential neighborhoods. The developer will dedicate all right-of-way necessary to
construct this roadway on property that they control. The City will assume all costs to acquire
additional necessary right of way necessary for the connection. The City will coordinate and fund
the design and construction of this roadway connection, as well as a southbound left and
northbound right turn lane on Hyland -Croy Road, as identified in the Traffic Impact Study. These
Memo re. Ord. 35-15 Riviera — Rezoning/Preliminary Development Plan/Preliminary Plat and Ord. 36-15
Riviera Infrastructure Agreement
June 4, 2015
Page 5 of 6
improvements will be programmed prior to the approval of a final plat that includes the Firenza
Place connection to Tartan West. As previously mentioned to Council, staff will propose a 25%
TIF to pay for this improvement.
Sanitary Sewer Capacity Analysis
As previously indicated, a detailed sanitary sewer capacity analysis (study) of the North Fork
Indian Run Sanitary Sewer trunk was required for this development. The applicant retained a
consultant to perform this analysis who modeled the entire tributary area consisting of 3,740
acres. The analysis concluded there are modeled system deficiencies in the North Fork Indian
Run trunk south of I-270 near the Cardinal Health campus, yet north of the Online Computer
Library Center (OCLC). These deficiencies could possibly cause sanitary sewage overflows north
of I-270, even without the Riviera Development. The study conclusions provided four alternative
solutions to the capacity deficiencies, including preliminary cost estimates for each alternative.
The preferred solution is Alternative #3, an augmentation parallel relief sanitary sewer which
provides new pipe segments parallel (and adjacent to) existing pipe segments located south of I-
270 near OCLC. The effect of this improvement is to provide additional system capacity within
this portion of the trunk sewer. The City will fund this improvement and the preliminary cost
estimate is $420,200. The developer previously funded $47,740 toward this analysis.
Recommendation from the Planning and Zoning Commission
The Planning and Zoning Commission recommended approval of the Rezoning/Preliminary
Development Plan to City Council on April 9, 2015 with the conditions listed below. The applicant
has addressed the conditions requiring development text updates (Conditions 5 — 11), a revision
to the TIS was submitted fulfilling Condition 3, the plans have been updated to address Condition
12, and Condition 13 will be addressed at the final development plan stage. All other conditions
need to be addressed as part of the Infrastructure Agreement.
Rezoning/Preliminary Development Plan Conditions
1) That the applicant enter into an infrastructure agreement with the City, prior to submitting
the first Final Development Plan, for development thresholds and public project
contributions including the necessary sanitary sewer system improvements;
2) That the applicant work with the City to program a direct site connection to Hyland -Croy
Road to the satisfaction of the City Engineer prior to the approval of a Final Plat that
includes the Firenza Place connection to Tartan West;
3) That the developer update the traffic impact study to the satisfaction of the City Engineer
prior a City Council hearing of the rezoning;
4) That as part of the development of Section 1, the applicant provide a northbound left -turn
lane on Avery Road into the site and a pedestrian crossing system for Avery Road, to the
satisfaction of the City Engineer;
5) That the development text be revised to eliminate vinyl as a permitted window option and
allow the applicant to request approval of specific vinyl window products at the Final
Development Plan stage if so desired;
6) That the development text be revised to eliminate vinyl as a shutter material;
Memo re. Ord. 35-15 Riviera — Rezoning/Preliminary Development Plan/Preliminary Plat and Ord. 36-15
Riviera Infrastructure Agreement
June 4, 2015
Page 6 of 6
7) That the development text be updated to eliminate asphalt as a permitted driveway
material;
8) That the development text be updated to address the language on page AS -1 in accordance
with the Commission comments;
9) That the development text be updated to limit all siding as the building material to 25% of
the total homes within Subareas A and B;
10) That the development text be updated to limit stucco to no more than 50% of the primary
fagade of a home;
11) That the development text regarding the review authority of the Architectural Review
Committee be updated to revise page AS -1, Section II. B. 1. to add architectural character
and level of detail of architectural elements to the review authority of the ARC;
12) That the stormwater management areas be maintained by the City of Dublin and the
development text and plans be updated accordingly; and
13) That consistent mailboxes be submitted for review and approval at the final development
stage.
The Planning and Zoning Commission also recommended approval of the Preliminary Plat to City
Council on April 9, 2015 with the condition listed below, which has been addressed in the
submission to City Council.
Preliminary Plat Condition
1) That the applicant ensure that any minor technical adjustments to the plat, are made prior
to City Council submittal.
Recommendation
Planning recommends City Council approval of Ordinance 35-15 at the second reading/public
hearing on June 8, 2015.
Planning also recommends City Council approval of the preliminary plat on June 8, 2015.
Staff also recommends City Council approval of Ordinance 36-15 at the second reading/public
hearing on June 8, 2015.
Office of the City Manager
City of Dublin Phone: 614I410a 00 Fax:blin614--410-44901090 Memo
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: May 14, 2015
Initiated By: Megan D. O'Callaghan, PE, Public Works Director
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
C. Aaron Stanford, PE, Senior Civil Engineer
Re: Ordinance 36-15 An Ordinance Authorizing the City Manager to Enter into an
Infrastructure Agreement with Davidson Phillips, Inc. for the Riviera
Development
Summary
Davidson Phillips is proposing to develop a residential development on the site of the current
Riviera Golf Club. 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. As a condition of the rezoning approval the applicant is required to
enter into an infrastructure agreement with the City to mitigate impacts of the development.
Transportation Analysis
As the property requires rezoning to a Planned Unit Development District, the developer was
required to have a traffic impact study (TIS) performed. The TIS evaluates impacts of the
additional traffic on the surrounding roadway network and suggests mitigation measures for these
impacts. The Riviera TIS identifies the following improvements for this proposed development:
Avery Road Improvements
A northbound left turn lane will be required on Avery Road at the proposed site entrance.
This improvement will be required with the first phase of development and the developer is
solely responsible for all costs associated with the construction of this turn lane.
Avery Road Pedestrian Crossing
• A pedestrian crossing system will be installed across Avery Road at the intersection with
Memorial Drive. This shall be installed in conjunction with the Avery Road turn lane
improvement as a part of the development of Section 1. The developer will install the
necessary sidewalks, curb ramps, crosswalk markings and pole foundations. The City will
be responsible for installing the pedestrian crossing warning system.
Wand Croy Roadway Connection
• A public roadway connection from the western edge of this development to Hyland -Croy
Road will be necessary to help disperse traffic to multiple access points and to reduce the
traffic that would utilize existing roadways in adjacent residential neighborhoods. The
developer will dedicate all right-of-way necessary to construct this roadway on property
Ordinance 36-15 — Authorizing an Infrastructure Agreement for the Riviera Development
May 14, 2015
Page 2 of 4
that they control. The City will be responsible for the remaining right-of-way costs
associated with the roadway connection. This connection will also necessitate the
construction of left and right tum lanes from Hyland -Croy Road to the new roadway. These
improvements will be programmed prior to the final plat being approved for the phase of
Riviera that would connect to existing Firenza Place to the north.
Other O/% -Site Improvements
• The TIS also identified other off-site intersections that will be impacted by the
development. The following table lists the impacted intersections and the site's
contributions.
Offsite Improvements Table
Intersection Improvement
Improvement
Percent SiteEstimate
Site Contribution
Contribution
Avery Rd and Brand Rd
$2,000,000
3.0%
$60,000
roundabout
Hyland -Croy Rd and Post Rd
$2,000,000
1.3%
$26,000
intersection improvement
Jerome Rd and MclOtrick Rd
$1,000,000
1.8%
$18,000
roundabout
Hyland -Croy Rd and MclOtrick
$1,000,000
1.1%
$11,000
Rd roundabout
Hyland -Croy Rd and Brand Rd
$500,000
2.0%
$10,000
roundabout expansion
Total
$6,500,000
1.92%
1 $125,000
This contribution shall be made with the approval of the Final Plat for the first phase or
December 31, 2015, whichever occurs first.
Sanitary Sewer Capacity Analysis
A detailed sanitary sewer capacity analysis of the North Fork Indian Run Sub -trunk was required
for this development. The Developer retained EMH&T to commission this study. EMH&T modeled
the entire tributary area (3,740 acres) for this sanitary sewer. Capacity analysis was performed
with and without the proposed development.
The analysis concluded that there were system deficiencies, namely pipe segments to the north of
I-270 near the Cardinal Health property, even without the Riviera development. The study also
provided four altematives as solutions to the capacity deficiencies and provided preliminary cost
estimates for each alternative. The preferred solution is Altemative #3, an augmentation parallel
relief sewer. The City will fund this improvement and the preliminary cost estimate is $420,200.
Ordinance 36-15 — Authorizing an Infrastructure Agreement for the Riviera Development
May 14, 2015
Page 3 of 4
Open Space Maintenance
There are significant areas of open space that will be dedicated to the City of Dublin from the
Riviera development. Staff has reviewed the open spaces and the uses planned for the areas and
developed preliminary cost to maintain these areas.
Storm water Features
• Within the open spaces there are 9 ponds. The estimated costs to maintain the ponds are
as follows:
o Pond maintenance: $7,605 per year
o Aerators: $19,440 per year for electrical service. The cost to run electric to each
pond is not yet determined.
o Motors and other electrical equipment: $22,500
The anticipated initial installation cost is $72,945. The annual maintenance operating cost is
estimated to be $27,045 per year thereafter.
Turf Maintenance
• There are over 56 acres of open space that the City will be responsible to maintain with the
proposed development. The anticipated cost to mow and apply fertilizer to these areas
along with maintaining the naturalized/prairie areas is $188,157.
In order to memorialize Davidson Phillips' contribution to the above -referenced mitigation
measures, a draft of the Infrastructure Agreement was created. The Infrastructure Agreement has
terms that define the mitigation measures and when these measures are to be implemented.
Tax Increment Financing (TIF)
In order to provide a revenue stream to finance the City's portion of the public infrastructure
improvements identified in the Riviera TIS and the relief sewer, currently estimated at $2 - $2.5
million, City staff recommends establishing the Riviera Incentive District encompassing the
proposed Riviera development. An Incentive District is a TIF authorized under ORC 5709.40(C),
which can be used to capture incremental value from owner -occupied housing.
Statutorily, the City is able to create an Incentive District for a period not to exceed ten years, and
exempt up to 75% of the improvements without approval from the Dublin City School District or
Toiler Career and Technical Center (the Districts). However, based on the anticipated cost of the
public improvements, staff recommends that the Incentive District be established for a period not
to exceed ten years, and that 25% of the improvements be exempted. Additionally, it is
recommended that the Incentive District be established as a non -school TIF, which would not
financially impact the District adversely.
This would result in the property tax revenue generated on the remaining 75% of improvements
being distributed to all of the taxing jurisdictions as normal. Using conservative projections, it is
estimated that the total value of the housing to be constructed in the development at build -out will
be $113,800,000. With a 25% exemption, the City anticipates receiving $2.7 million in the
aggregate over the ten-year time period, depending on the build -out schedule.
Ordinance 36-15 — Authorizing an Infrastructure Agreement for the Riviera Development
May 14, 2015
Page 4 of 4
The 25% exemption does have a financial impact on Washington Township (the Township).
Without the exemption, based on $113.8 million of value at build -out, the Township would receive
approximately $390,000 in annual property tax revenue. With the exemption, the Township would
receive $292,000 annually.
The process to create an Incentive District includes notification of the intent to create an Incentive
District to the property owners whose property is located within the boundaries of the Incentive
District, a public hearing, and Council consideration of the TIF Ordinance. Given the limited nature
of this TIF structure which is less than that which is authorized under 5709.40(0), a compensation
agreement with any of the overlapping counties is not required. However, there are some
statutorily protected levies in respect of which the service payments attributable to those levies
must be distributed to the appropriate taxing authorities. Included are certain renewal levies
approved after January 1, 2006 for the following purposes:
• MRDD
• Senior Services
• Alcohol, Drug and Mental Health
• Library
• Children's Services
• zoo
Staff will begin the process outlined above in order to create the Riviera Incentive District.
Recommendation
Staff recommends approval of Ordinance 36-15 authorizing the City Manager to enter into an
Infrastructure Agreement with Davidson Phillips, Inc. for the Riviera development.
INFRASTRUCTURE AGREEMENT
FOR THE
RIVIERA DEVELOPMENT
This Infrastructure Agreement (the "Agreement") dated . 2015, by and
between the CITY OF DUBLIN, OHIO ("Dublidj, a municipal corporation duly organized and
validly existing under the Constitution and laws of the State of Ohio (the "State') and its
Charter, and DAVIDSON PHILLIPS, INC. ("Developer' and collectively with Dublin, the
"Parde9l, a corporation, witnesseth:
WHEREAS, the Developer is presently engaged in the improvement of certain land in the City
of Dublin, Ohio (within Franklin, Union and Delaware Counties) and is desirous of constructing
public street infrastructure, and related public facilities to service the residential lots located in a
development known as Riviera (the "Development';
WHEREAS, the Developer has completed a traffic impact study ("TISK for the Development
that has been reviewed by Dublin;
WHEREAS, the Developer has completed sanitary sewer modeling for the Development that
has been reviewed and approved by Dublin;
WHEREAS, the Parties agree to enter into this Agreement relating to the construction of
certain transportation improvements to the surrounding roadway network to mitigate the
impact of the additional traffic generated by the Development and certain sanitary sewer
improvements to the downstream trunk sewer to mitigate the impact of the additional sewer
flow generated by the Development;
NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows:
1. The Developer is solely responsible for the construction of a northbound left turn lane on
Avery Road at the new intersection with the subdivision entrance. The Developer shall
assume all costs to acquire all necessary easements or right of way and to relocate any
private utilities for this improvement. The Developer is responsible for any plan review and
inspection fees required. This improvement shall be made as part of the development of
Section 1.
2. The Developer shall work with the City to install a pedestrian crossing system across Avery
Road at Memorial Drive as part of the development of Section 1 and In conjunction with the
construction of the northbound left turn lane on Avery Road. The system shall comply with
City specifications. The developer shall install the necessary sidewalks, ramps, crosswalk
lines, and pole foundations. The City shall install the pedestrian crossing sign system.
3. The Parties agree that the Development will necessitate a connection to Hyland -Croy Road
from the western end of the Development. In addition to the Development, this connection
will provide a regional benefit to the facilitation of traffic, including improving access to
Dublin School District property. The Developer agrees to dedicate all right-of-way on
property controlled by the Developer that is required for this connection. The City shall
Page 1 of 5
INFRASTRUCTURE AGREEMENT FOR THE RIVIERA DEVELOPMENT
DATE OF AGREEMENT:
assume all costs to acquire additional necessary right of way necessary for the connection.
The City will coordinate and fund the construction of this roadway connection, as well as a
southbound left and northbound right tum lane on Hyland -Croy Road, as identified in the
Traffic Impact Study. These improvements shall be programmed prior to the approval of a
final plat that includes the Firenza Place connection to Tartan West.
4. The parties agree that this Development contributes traffic at the off-site intersections in the
following table. Dublin and surrounding agencies are pursuing intersection improvements at
these locations. The Developer shall contribute $125,000.00 (1.92% of $6,500,000) towards
these roadway improvements. This contribution shall be made when the Final Plat for
Section 1 is approved or December 31, 2015, whichever is first.
Offsite Improvements Table
Intersection Improvement
Improvement
Percent Site
Site Contribution
Estimate
Contribution
Avery Rd and Brand Rd
$2,000,000
3.0%
$60,000
roundabout
Hyland -Croy Rd and Post Rd
$2,000,000
1.3%
$26,000
Intersection improvement
Jerome Rd and McKitrick Rd
$1,000,000
1.8%
$18,000
roundabout
Hyland -Croy Rd and McKitrick
$1,000,000
1.1%
$11,000
Rd roundabout
Hyland -Croy Rd and Brand Rd
$500,000
2.0%
$10,000
roundabout expansion
Total
1 $6,500,000
1 1.92%
1 $125,000
S. The parties agree that this Development contributes additional flow to the North Fork Indian
Run sanitary trunk sewer. The Developer has commissioned a study analyzing the upsizing
improvement to the sanitary trunk sewer at the identified downstream location entitled
"Capacity Analysis for the North Fork Indian Run Sub -Trunk." This study determined a
capacity deficiency which warrants downstream sewer improvements. The Developer
incurred an expense of $47,740 for this study, which shall be used in the design and
construction of the upsizing improvement. Because of the significant benefit to properties
outside of this Development, the City agrees to fund the cost of construction, installation,
project management, coordination, bidding, testing, monitoring and inspection necessary for
the construction of the improvement project.
6. The Developer will submit detailed plans and specifications, for the improvements to be
installed by the Developer, to the appropriate jurisdiction for review and approval. No work
shall begin until such time that the appropriate jurisdictions have granted approval of the
plans and specifications.
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INFRASTRUCTURE AGREEMENT FOR THE RIVIERA DEVELOPMENT
DATE OF AGREEMENT:
7. The Developer shall repair, replace or correct any improvements, which have been installed
by the Developer, that have been improperly installed or which have been proven faulty
during the Maintenance Periods. The length of the Maintenance Period shall be in
accordance with the Dublin Subdivision Regulations.
8. Tax Increment Financing. The Developer acknowledges that the City expects to include the
property within a tax increment financing area and agrees that it will reasonably cooperate
with the City in connection therewith.
9. 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.
10. 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
5800 Shier -Rings Road
Dublin, Ohio 43016-7295
(b) As to Developer:
Davidson Phillips, Inc.
Attention: Charles J. Ruma
4020 Venture Court, Suite D
209 Fast State Street
Page 3 of 5
INFRASTRUCTURE AGREEMENT FOR THE RIVIERA DEVELOPMENT
DATE OF AGREEMENT:
Columbus, Ohio 43215
11. Extent of Provisions Regarding the Partes: 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.
12. 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.
13. 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.)
Page 4 of 5
INFRASTRUCTURE AGREEMENT FOR THE RIVIERA DEVELOPMENT
DATE OF AGREEMENT:
Developer:
Signature Date
Printed Name: Charles J. Ruma, President
Company Name: Davidson Phillips, Inc.
City of Dublin, Ohio
Signature Date
Dana L. McDaniel, City Manager
Approved as to form:
Signature
Law Director
01272060607934 48244M4464M
Page 5 of 5