Ordinance 011-19RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO
11-19
Ordinance No.
Passed
AN ORDINANCE AMENDING CODE SECTION 152.086,
RELATIVE TO THE SUBDIVISION REGULATIONS, TO PROVIDE
FOR APPRAISAL OF PROPERTIES WHEN CALCULATING FEES -
IN -LIEU OF REQUIRED OPEN SPACE DEDICATION AND
REPEALING ORDINANCE 76-18 WHICH PREVIOUSLY
ESTABLISHED FEE -IN -LIEU FOR OPEN SPACE DEDICATION.
WHEREAS, the thoughtful mix of built environments and open spaces provides a
distinct sense of place within the City of Dublin; and
WHEREAS, the presence of open spaces within the City provides opportunities for
recreation and improves the quality of life for residents and visitors; and
WHEREAS, Council referred the question of the City's open space dedication and fee -
in -lieu -of -dedication requirements to the Community Development Committee to
consider whether current policies sufficiently served the City's objectives to encourage
the thoughtful mix of open space with new development; and
WHEREAS, the Community Development Committee considered this question at its
February 4, 2019, meeting, and determined by consensus that the use of a fair -market -
value appraisal, rather than the current practice of a Council -established uniform value,
would encourage dedication of open space by preventing the fee -in -lieu from being
artificially low and better accommodate varying property values within the City; and
WHEREAS, the Community Development Committee recommends that the appraisal
method be uniform between the Subdivision Regulations and the Bridge Street District
zoning regulations; and
WHEREAS, City Council may directly amend the method of determining value in the
Subdivision Regulations, without prior review and recommendation from the Planning
and Zoning Commission, whereas a similar amendment for the Bridge Street District
would be pursued through the ongoing Bridge Street Code update process.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, of its elected members concurring, that:
Section 1. Section 152.086, Open Space Requirements, is hereby amended to read
as follows:
§ 152.086 OPEN SPACE REQUIREMENTS.
(A) Land dedication. The basic land dedication requirement
shall be that 2% of the total gross site area, plus .03 acres per
dwelling unit proposed, shall be set aside as open space except
that in no case shall the open space requirement exceed 25% of
total gross site area. Such area shall constitute ground suitable
for public parks and playground facilities as reviewed and
approved by the Planning and Zoning Commission, I t4e
(B) Provisions or private recreation facilities. If the resulting
land dedication is determined to be of insufficient size or
inappropriately located, or if public ownership and operation of
such recreational areas is not feasible, the municipality may
request that an applicant plan for the provision of privately
financed and owned recreational facilities. Such private park
areas shall be not less than 65% of the land area otherwise
required under division (A) above, provided that such park areas
Form 6220S
BARRETT BROTHERS - DAYTON, OHIO
Ordinance No.
RECORD OF ORDINANCES
11-19
Form 6220S
Page 2 of 3
Passed
shall be privately developed for recreational uses. The applicant
shall be required to indicate:
(1) The proposed size and location of the park area.
(2) The proposed recreational facilities and site
improvements to be made.
(3) A schedule indicating how actual construction of the
proposed park and improvements are to be phased in
relationship to overall project phasing.
(4) How both ownership and maintenance of such park
areas is to be undertaken.
(C) Park fee. Should both previous options be deemed
inappropriate or infeasible, the municipality may request an
applicant to pay a park fee in lieu of land dedication. The per
unit fee will be collected at the time final plat approval is
requested and shall be based on the total number of units
contained within the final plat as determined by using the
following formula:
(1) Total site gross acreage
(2) Required land donation: (1) x .02
(3) Total number of dwelling units
(4) Required land donation: (3) x .03
(5) Total land donation: (2) + (4)
(6) Estimated aveFage--value of land per acre at the site
shall be
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determined by an appraisal of the site obtained
by the City. The City shall obtain an estimate of the reasonable
cost of the appraisal and the applicant shall pay such cost to the
ON in advance of the ON contracting for the appraisal The
applicant shall also reimburse the City all reasonable costs
incurred by the ON in excess of the initial estimate for the
appraisal.
(7) Value of land donation: (6) x (5)
(8) Per unit park fee: (7) divided by (3)
(D) Residential dwelling units which are not constructed as
part of a planned unit development or subdivision. In those
instances where residential dwelling units are constructed not as
apart of a subdivision or planned unit development, each such
residential dwelling unit shall pay such fee as determined by the
park fee formula in division (C) hereof, except that in no event
shall such calculated fee exceed $500 per each residential
dwelling unit, regardless of total acreage involved.
(E) Use offee. All fees shall be used solely for the acquisition
of recreational facility sites, open space and/or parkland. None
of the fees collected pursuant to this section may be used for
any other purpose including but not limited to development,
maintenance and operation of such publicly owned recreational
sites and facilities.
(F) Deposit of fees. All fee money collected under this
section shall be placed in a separate fund to be entitled
Recreation Fee Fund.
(G) Prohibition.
(1) No certificate of zoning compliance for the construction
of a residence shall be issued unless and until the fee provided
for in this section is paid.
(2) No person, firm or corporation shall receive or be
entitled to receive the certificate of zoning compliance for the
construction of a residence structure unless and until the fee
BARRETT BROTHERS - DAYTON, OHIO
Ordinance No. _
RECORD OF ORDINANCES
11-19 Page 3 of 3
_ Passed
provided for in this section is paid on each such certificate of
zoning compliance issued.
(3) Nothing contained in this section shall relieve or be
interpreted as relieving any person, firm or corporation from
complying with all other ordinances, laws, rules, regulations of
the municipality or of any other governmental agency where
they are now in force or hereafter enacted, regulating and
governing the issuance of building permits for the construction
of residence structures in the municipality.
(H) Effective period. The fee imposed by this section shall
be levied, collected and paid concurrently with all certificate of
zoning compliance applications for residential property on and
after June 4, 1981.
Section 2. Council finds that all deliberations and actions of the public body relating
to this Ordinance were taken in an open meeting in compliance with Section 121.22 of
the Ohio Revised Code.
Sectin 3. This Ordinance shall ake effect at the earliest date allowed by law.
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Clerk of Council
Form 6220S
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Office of the City Manager
5200 Emerald Parkway # Dublin, OH 43017-1090
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To: Members of Dublin City Council
From.,, Dana L. McDaniel, City Manag /41
Date,: Tuesday., March 12, 2019
rnitiated By: Vincent A. Papsidero, FAICP, Director of Planning
Jennifer D. Readler, Law Director
Claudia D. Husak, AICP, Senior Planner/Current Planning Manager
City Council passed Ordinance 76-18 on November 19, 2018 for an increase in the parkland
dedication fees to $65,000 per acre. The dedication of parkland and open space for municipal use
is required as part of a Final Plat in the Subdivision Regulations Sections 152.086 Open.5pace
Requirements and 152.087 Land Dedication for Municioality�; Portion of Recreational Facilities
(both requirements are eligible for the fee -in -lieu for the parkland acquisition fund).
During Council's discussion of the recommended fee, concern was expressed that the raw land value
does not necessarily represent other types of land values throughout the City and that the appraisal
should include multiple criteria on which the estimate is based.
Memo re. Parkland Dedication Fees
March 12, 2019
Page 2 of 2
Additionally, the Zoning Code requires open space dedication for all types of development 'in the
Bridge Street District and also contains a fee -in -lieu provision, however, the Code does not speak to
the value of said fee or how the amount should be established.
Recommendation
Staff requests approval of Ordinance 11-19 at the second reading/public hearing on April 8, 2019.
Community Development Committee
Monday, February 4, 2019
Page 13 of 17
Mr. Papsidero responded the conditional use review stays with the Planning Commission.
There has been no change to that process.
Ms. De Rosa stated if there is a development agreement in place, and there is a conditional use
requirement for an item, would that go to PZC? There is a strikeout on the chart included.
Mr. Papsidero stated that the decision or administrative appeal for a conditional use is shown
under Council. There is a footnote referencing the conditional use provisions. He did not
research this, but as far as he knows, this has never been applied.
Vice Mayor Amorose Groomes noted these have always been reviewed by PZC.
Mr. Papsidero stated that staff will double check this item.
Ms. De Rosa stated that the redlined version was very helpful in reviewing the changes.
Mr. Reiner summarized that staff now has direction regarding next steps for Section 153.066
Mr. Papsidero asked if the Committee wants to review this at their next meeting with the edits
shown, or is this ready to move to Council?
Vice Mayor Amorose Groomes responded this is ready to go to Council.
The Committee members agreed.
Ms. De Rosa asked if there should be communication back to PZC and other groups involved
regarding these changes. It seems appropriate to communicate what has taken place at the
Committee level, given their hard work and recommendations.
Mr. Papsidero responded that staff will do so.
Mr. Reiner thanked Mr. Elliott for his assistance with this process.
Mr. Elliott responded that he is aware that some are frustrated with the BSD process and some
are dissatisfied with the results, but many cities would be thrilled to have the quality of
development that Dublin has in the District.
Review of Code Section 152.086(C) of the Subdivision Regulations
(Fee in Lieu of Land Dedication)
Ms. Husak stated that this topic came from a Council meeting in November when the review of
the parkland appraisal was done. This is the basis for the parkland fee charged when land is not
donated by a developer who opts to pay a fee instead. Based on concerns expressed by Council
about the value of land reflected in the study, staff was asked to review options that could be
considered. As this provision is part of the Subdivision Regulations, staff has worked with the
Law Director on this item. Changes to the Subdivision Regulations do not require a
recommendation from PZC and can be considered directly by Council.
The options explored by staff to address the concerns include:
1) Continue enforcing the Subdivision Regulations Fee in Lieu of Dedication as was done
with the approval of Ordinance 76-18 (accepting the updated average per acre value)
2) Continue to evaluate parkland fees in lieu of dedication in accordance with an appraisal
for raw land value as outlined in the Subdivision Regulations and specifically for land
within the Bridge Street District (leading to two different fees)
Community Development Committee
Monday, February 4, 2019
Page 14 of 17
3) Require a developer to engage a third -party appraiser to estimate the value of land to
be dedicated and charge the parkland fee in lieu of dedication accordingly (also requiring
the developer to use an appraiser as approved by the City)
4) Determine appropriate land value as shown on the most recent estimate by the County
Auditor
5) Require the developer to pay a fee in lieu of dedication based on an individual appraisal
by the City to be reimbursed by the developer
Staff did some research and found the City has rarely charged the Fee in Lieu of dedication as
most, if not all, developments typically dedicated all, and more, of the required parkland. A list
of recent developments is outlined in the staff memo, together with the required open space
and what was dedicated. Staff is now seeking input from the Committee in terms of how to
proceed.
Mr. Reiner stated that in the November review, Council members expressed concern that the
dollar amount for a fee paid in lieu of dedication was very low in comparison to all of the land
acquisition done by the City or considered by the City for purchase. Based on the land
acquisition costs for acre for the City over the past years, the fee in lieu of numbers did not
seem appropriate.
Vice Mayor Amorose Groomes stated that, on the other hand, the City wants to encourage
parkland to be "sprinkled" throughout the Bridge Street District. Instead, the City is receiving
fees in lieu of dedication for this area, with everything going to the Riverside Crossing Park.
The City is receiving very little public space dedicated throughout the BSD. There are outdoor
spaces, but these are typically associated with a private use, i.e. patios, etc. It is very cost
advantageous for the developer to pay the fee in lieu of dedication of the land versus providing
that space on their parcel. While the appropriate fee needs to be established, as Mr. Reiner has
suggested, the second item is to encourage dedication of public space sprinkled throughout the
Bridge Street Corridor.
Ms. Husak responded that there have staff discussions with the Landscape Architect in the
Parks Department about updating the Parks Master Plan, as the Plan does not include the
Bridge Street District. She noted that only in C Block and B Block was the parkland dedication
not what was required, and the applicant used Riverside Crossing Park toward a portion of the
dedication requirements.
Vice Mayor Amorose Groomes stated that these comprise two of five existing blocks in Bridge
Park.
Mr. Papsidero pointed out that there are development agreements in place for B Block and C
Block, which include provisions that resulted in this parkland dedication.
Mr. Reiner stated that Council is interested in determining the real value of the land for a basis
of the fee in lieu of dedication. The goal, however, is to have public space dedicated — not for a
developer to write a check. Based on this, is option 5 the preferred one?
Ms. De Rosa asked why recent sales prices are not part of the appraisal.
Vice Mayor Amorose Groomes responded that if the price Crawford Hoying paid for the property
that is presently A through D Blocks, the price paid was significantly different. Taking the recent
sale of that property versus its appraised value today, the number would likely be 200-300
Community Development Committee
Monday, February 4, 2019
Page 15 of 17
times greater. Crawford Hoying purchased the entire strip center for $1.8M or thereabouts.
Ms. De Rosa clarified she is referencing recent sales, as Crawford Hoying bought that land
several years ago. How up-to-date is the County Auditor's most recent valuation for parcels?
Ms. Goss responded it is updated annually, based on property sales. But in terms of the
comprehensive land valuations, the Franklin County Auditor typically does those updates in a 5-
10 year interval.
Ms. De Rosa noted that, given this, it is not possible to obtain the current value for the land.
Therefore, option 4 would not provide the current land value.
Vice Mayor Amorose Groomes stated that only by having an appraisal done for a property will
the City have the correct value for this basis. The question is if the City will do the appraisal or
the property owner.
Ms. Husak stated that from a process standpoint, looking at land outside of the Bridge Street
District that is developed residentially under the Subdivision Regulations, there is one governing
rule. The Bridge Street District does not really have a rule, currently, as to how the fee is
calculated. There is a rule about how much open space is needed. As the Code updates are
being done, if Council believes the rule should be different within the Bridge Street District, that
can be done as part of this process. The Zoning Code regulates the BSD, but other areas are
regulated by the Subdivision Regulations.
Vice Mayor Amorose Groomes stated that she believes the City should do the appraisal. The
City may disagree with the comparables that a developer wants to use for appraisal purposes —
Grove City versus the Arena District, etc.
Ms. De Rosa stated she agrees with the City doing the appraisal, and the appraisal cost being
reimbursed by the developer as outlined.
Mr. Reiner agreed.
Vice Mayor Amorose Groomes noted that in this way, all appraisals will be consistent, using
appropriate comparables.
Mr. Reiner summarized that the Committee recommendation is for Option 5.
Vice Mayor Amorose Groomes added that the City would need to have guidelines established for
the comparables.
Ms. Goss asked about a situation where a realtor would refute the City's appraisal. Would the
City allow them to do their own appraisal to establish another value?
Vice Mayor Amorose Groomes responded she would not want to codify that — it would be more
of a policy decision.
Ms. De Rosa noted that this goes back to the intent. The intent is for the City to have dedicated
parkland. The intent is not necessarily to have an agreeable number for the valuation — it is to
encourage park development. The fee in lieu of dedication should not be encouraged.
Vice Mayor Amorose Groomes stated she could envision a situation such as the area by the AMC
Theater, where the City may not want land located under the power lines to be dedicated.
Perhaps the City would negotiate, keeping this in mind. There are likely other examples of
circumstances that would drive decisions about what is in the City's best interest.
Ms. Husak asked for clarification — the fee in lieu of dedication process is to be for the Bridge
Community Development Committee
Monday, February 4, 2019
Page 16 of 17
Street District only or for the City as a whole? There would be two processes needed to
address both.
The Committee agreed this updated fee in lieu of dedication process would be for the City as a
whole in the interest of fairness.
Mr. Papsidero stated that staff concurs. The appraisals were sometimes based on properties in
other communities that are vacant and zoned single-family. The reality may be far different.
For example, the AC Hotel valuation is over $15 million, although he acknowledged that is
commercial property.
Vice Mayor Amorose Groomes added the comparables are the critical item. It is important to be
fair and reasonable, but these can vary widely across the region.
Other Discussion
Ms. De Rosa asked what items are scheduled to come before this Committee in the future.
Ms. Husak responded that the Beautify Your Neighborhood Grant applications will need to be
reviewed in March.
Mr. Papsidero noted that at the next CDC meeting, for the Dublin Corporate Area Plan, Ms.
Puranik and consultant Greg Dale will present options for rezonings. The goal will be to get a
sense of Council's priorities.
Ms. Husak responded these are both anticipated to be scheduled for the March 4 CDC agenda.
The Council packet for February 11 includes a memo with a request to refer the DCAP to the
CDC for review.
Mr. Papsidero noted that he believes that Economic Development is requesting referral of the
Economic Development Strategy to the CDC.
Ms. Goss responded that is anticipated for review at the March meeting as well.
Ms. De Rosa stated that she wants to ensure that, if possible, this Committee has time on their
agenda for advancing some of the objectives for Economic Development.
Vice Mayor Amorose Groomes asked what items will be outstanding after the March 4 CDC
meeting.
Mr. Papsidero responded that one item will be the Bridge Street Code major update and
guidelines. These can be referred to CDC or considered by the entire Council. This is likely four
months out.
Mr. Reiner agreed that the best course of action is to have the Committee review these and
make recommendation to Council.
Ms. De Rosa suggested that — after the retreat -- the Committee put forth a list of the items for
CDC for the next 6-9 months and schedule them appropriately. She wants to ensure time to
address their priority items.
Ms. Goss stated that would be helpful for staff, as well.
Mr. Papsidero noted that another item that may be appropriate for CDC is the new zoning
district for the Historic District and the updated Design Guidelines.
Ms. De Rosa stated she wants to balance the economic development items with these other
items in terms of priority.
Vice Mayor Amorose Groomes asked that for the March 4 CDC meeting, an outlook for the next
nine months for CDC work be provided by staff.
Ms. De Rosa stated that for some items, it might make sense to have work sessions, too. That
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
BARRETT BROTHERS - DAYTON, OHIO Form 6101
Held November 19, 2018 Page 6 of 15
Mr. Rogers responded this has been the City's past practice — not to pay double-time to
non -permanent employees. Much of this resulted from union contracts where those
groups had negotiated for double-time pay for the permanent employees who work in
those bargaining units. In order to be consistent across the permanent workforce, this
provision was added for non-union permanent employees some years ago. It was viewed
as an added benefit for the permanent workforce who worked year round. All three
bargaining unit contracts have this provision. Working the second day of their normal
days off results in double-time pay for that 7t" day. The sixth day is paid time and a half.
The three contracts are slightly different in how these provisions are worded. The intent
is that for those who work both of their regular days off, the second regular day off is
double-time pay.
Ms. Fox stated that if it is for a non -permanent employee who works just three months
per year, she understands. But for non -permanent employees who work the majority of
the year, working side-by-side with permanent employees for similar hours — and called
in to work both of their days off — they are not receiving that same hourly pay.
Mr. Rogers responded that Council could certainly direct a change in policy or practice, if
they desire. He would need to draft a separate ordinance from what is before Council
tonight to make this change.
Mr. McDaniel clarified these non -permanent employees are capped at working for nine
months and do not receive the same level of pay as the permanent employees receive. If
this is a policy issue Council wants to discuss, he can put this on the list for their
consideration. Staff has discussed to some degree having benefit packages, etc. for the
non -permanent employees as well. That is something that has not been acted upon. He
would like to have a conversation with Council about these items.
Ms. Fox responded that it is not about benefit packages. It seems the City is using more
and more seasonal and contractual employees. To attract people to work in Dublin,
working alongside permanent employees, it may make sense to compensate them for
working a seven-day work week as well.
Mr. McDaniel stated that the City is not using more seasonal workers; two budget cycles
ago, the City converted two seasonal employees to full-time positions in divisions. The
City tries to maintain a balance of full-time and seasonal workers. If Council wants to
have another discussion about benefits to other than full-time staff, that can occur.
Mr. Keenan stated that when full-time positions become available, they often are filled
from the seasonal list. Supervisors have had the opportunity in the field to see how they
perform.
Mr. McDaniel added that the recruiting pool is from the seasonal employees. The City
invests heavily in training for these seasonal employees.
Mr. McDaniel stated that in regard to part-time or seasonal employees, it is rare to have
someone work a seventh day in a week. Perhaps that would occur for the Irish Festival,
but that is not common throughout the year.
Ms. Fox asked that this topic be added to Council's policy discussions in 2019.
Vote on the Ordinance: Mr. Reiner, yes; Mayor Peterson, yes; Ms. De Rosa, yes; Mr.
Keenan, yes; Ms. Fox, yes; Ms. Alutto, yes.
Ordinance 76-18
Accepting the Updated Estimated Average Per Acre Value of Land for Park Fees
in Lieu of Land Dedication.
Mr. McDaniel stated that at the last reading, there was discussion relative to the appraisal
that was conducted in support of the ordinance. Staff has determined that the appraisal
was conducted in accordance with Section 152.086C of the Subdivision Regulations.
Therefore, staff is recommending passage of this ordinance tonight. However, staff is
also recommending that the policy and regulations related to this section be brought back
either to Council as a whole or to the Community Development Committee in terms of
considering a modification of those regulations. There is no development project in the
pipeline at this time that would result in loss of potential funds related to park fees.
Staff's intent would be to complete this review by the end of the first quarter.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
BARRETT BROTHERS - DAYTON, OHIO Form 6101
Held
November 19, 2018 Page 7 of 15
Mayor Peterson stated that this item was discussed at the agenda review meeting, and
the City has clearly outgrown the existing policy. There are portions of the community
where the per acre land value is exponentially higher than an appraisal for farmland at
the western border. He agrees with referral to the Community Development Committee
and having this addressed as quickly as possible.
Mayor Peterson moved to refer this matter to the Community Development Committee
for further review of the policy associated with Section 152.086C of the Subdivision
Regulations.
Ms. Alutto seconded the motion.
Vote on the motion: Mayor Peterson, yes; Ms. Alutto, yes; Ms. Fox, yes; Ms. De Rosa,
yes; Mr. Reiner, yes; Mr. Keenan, yes.
Mayor Peterson asked for confirmation that Ordinance 76-18 must be passed in
accordance with the requirements of the Subdivision Regulations.
Mr. McDaniel responded there is a timing issue, as the Code requires this be updated
every two years and it is due for update for the period of 2019 and 2020.
Mayor Peterson summarized that the ordinance can therefore be approved to enact the
updated land value for 2019 and 2020, and the policy and ordinance can later be
amended, if necessary.
Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Ms. De Rosa, yes; Ms. Fox,
yes; Ms. Alutto, yes; Mayor Peterson, yes.
Mr. Reiner asked staff to notify the Committee when the information is ready for review
so that a meeting can be scheduled.
Ordinance 77-18
Amending Figure 153.061-A to Address Street Connections based on Recent
Developments within the Bridge Street District and Analysis of the District
Transportation Plan. (Case 18-053ADMC)
Mr. Papsidero stated that a memo was included in the packet that responded to questions
raised at the first reading. He offered to respond to any further questions regarding
alleys or service drives. Staff recommends approval of this Code amendment.
Ms. De Rosa asked if changes were made to the exhibits, based on the discussion.
Mr. Papsidero responded staff did not do so.
Ms. De Rosa asked what staff reviewed after the previous discussion.
Mr. Keenan responded that there was some confusion on the maps and how they were
identified as existing and proposed.
Ms. Fox stated that there was discussion about the alleys and streets not being noted.
What was the outcome of the follow-up on those comments?
Mr. Papsidero responded that the Code references service streets and alleys. As noted in
the memo, the Design Guidelines being brought forward to Council will speak to this issue
in depth. Including them in the map is not recommended, because they are very site
specific relative to a very specific development. Placing them on the map would be very
arbitrary and would not necessarily reflect the reality as a block may be created in the
future. It seemed the best option is to go in depth in the Guidelines on this topic.
Ms. Fox stated this is a good point. It likely does belong in the Guidelines. When plans
come before PZC, there are three or four paragraphs in the Code that address alleys and
streets. But they don't really speak to when to utilize those, when is the most
appropriate time to utilize those, and what the criteria would be to encourage those. It
does speak to reducing vehicular compromise when it comes to pedestrians and
driveways. She hopes that ways can be found to incorporate alleys and service streets
into the Guidelines. These will help with loading, service, and pedestrian access. Without
guidelines, the PZC does not really consider how these can be utilized.
Mr. Papsidero stated that staff will ensure these are addressed in the Guidelines.
Vote on the Ordinance: Mayor Peterson, yes; Ms. De Rosa, yes; Mr. Keenan, yes; Mr.
Reiner, yes; Ms. Fox, yes; Ms. Alutto, yes.
Minutes
RECORD OF PROCEEDINGS
Dublin City Council Meeting
November 5, 2018 Page 11 of 24
desirable office space. This application was considered for a fagade improvement grant
due to the importance of the sloping roof to the front elevation.
Mr. Reiner moved to approve the Facade Improvement Grant for 24 South High Street.
Vice Mayor Amorose Groomes seconded the motion.
Vote on the motion: Mayor Peterson, yes; Ms. De Rosa, yes; Ms. Fox, yes; Vice Mayor
Amorose Groomes, yes; Mr. Reiner, yes; Ms. Alutto, yes; Mr. Keenan, yes.
Ordinance 75-18
Amending Various Sections of Ordinance 15-17 (Compensation Plan for Non -
Union Personnel).
Mayor Peterson introduced the Ordinance.
Mr. Rogers stated that this is companion legislation to the Operating Budget for 2019 and
proposes modification of the Plan for non-union personnel. It will accomplish the
following, if approved:
• Creates a Deputy Chief of Police position in support of the recommendation of the
Chief of Police in the 2019 Operating Budget proposal. Details will be presented
by the Chief in his presentation to the Public Services Committee on Wednesday.
• Proposes the creation of a new pay band, 2.2, in the pay table to accommodate
the creation of the Deputy Chief position. This, in turn, results in renumbering of
the pay bands for the Department Director positions from 2.0 to 2.1 to be
consistent with the remainder of the table.
• Titles of divisions and associated directors have been updated. The Division of
Volunteer Resources would become the Division of Outreach and Engagement and
the Division of Criminal Justice would become the Division of Court Services.
• It reclassifies the current Landscape Architect position to a Landscape Manager.
It combines the Contract Specialist and the Public Art Specialist into a new lower
graded Landscape Architect position in support of the request from the Director of
Parks & Recreation in the Operating Budget. This proposal will also be discussed
in the Public Services Committee meeting on Wednesday evening.
• The remainder of the changes update and clarify various sections to include the
wording of compensatory time versus paid holidays; eligibility for longevity pay;
short-term disability limits; repayment of tuition reimbursement; double time
eligibility; and the on duty status.
Staff recommends approval at the second reading/public hearing on November 19.
There were no questions.
There will be a second reading/public hearing on November 19.
Ordinance 76-18
Accepting the Updated Estimated Average Per Acre Value of Land for Park Fees
in Lieu of Land medication.
Mayor Peterson Introduced the Ordinance.
Mr. Earman stated that this is the updated appraisal for raw land value for Council's
consideration. This value is updated every two years and provides the basis for which
fees are collected in lieu of land dedication for development.
The Horner appraisal group completed the analysis for land in the Dublin area and is
recommended an average price increase of $5,000 per acre — taking this from the current
$60,000 to $65,000 per acre. This fee will be applied in January of 2019 and will remain
in effect for the next two-year cycle.
Staff recommends approval at the second reading/public hearing on November 19.
Vice Mayor Amorose Groomes stated that in reading through the report, the comparables
drawn were primary residential single-family homes. Why would that designation be
used to calculate the parkland acquisition fund number? That is not the type of parkland
that the City now purchases. Most of the housing developments are largely built out.
The $65,000 per acre number would not reflect the parkland that the City is purchasing.
Her question is why is that comparable being used to arrive at this amount.
Mr. Earman responded that, historically, it has been done this way per the ordinance.
Council could certainly modify that.
Vice Mayor Amorose Groomes noted that many of the comparables used are outside of
the City and in areas that are not comparable to what is occurring within the City of
RECORD OF PROCEEDINGS
Minutes
Held November 5, 2018 Page 12 of 24
Dublin. She was disappointed to see what is used for comparables, and would like
information about what the City paid for the last five parkland acquisition projects done.
To her, that would be a comparable number. The fee in lieu primarily being received is in
the more dense urban areas where the price per square foot is much greater. We are
paying in some cases $100,000 more an acre than what we are collecting. Anytime the
City accepts a fee in lieu, the City is losing a lot of money. This is not appropriate.
Ms. Fox stated that if the per acre price is so low, developers will also request to pay a
fee in lieu of land dedication. It is easier not to provide the greenspace.
Vice Mayor Amorose Groomes agreed, that it is easy to pay $65,000 and keep land worth
$165,000.
Ms. Fox stated that she does not believe this value is representative of what the City pays
for parkland acquisition. Secondly, it is a disincentive to creating greenspace within the
developments coming before Council.
Mr. McDaniel stated that staff will certainly reassess this, based on this input. Staff will
also review the Code language in place.
Vice Mayor Amorose Groomes stated that the appraisal report is very lengthy. It is not
necessary to have more appraisal work done; instead, reviewing the historical data on
what the City is paying for parkland would be what is needed.
Mr. McDaniel responded that staff will review the legal aspects of this, as land values are
set on an appraisal basis. The other factor may be land values for properties on the
market. All of these factors must be considered.
Vice Mayor Amorose Groomes clarified that she is not seeking another long appraisal
report being produced.
Mr. Keenan stated that staff could review the last five or ten parkland acquisitions the
City has done and use those as comparables. There is historical data on this.
Mr. McDaniel cautioned that the acquisitions must be those done for parkland purposes.
Most of the recent acquisitions have been commercial property for commercial purposes.
Vice Mayor Amorose Groomes responded that all of the Bridge Street District acquisitions,
all of the Riverside Drive easements and acquisitions should be considered.
Mr. McDaniel stated that for clarity, it seems looking at cases where the City purchased
land for Emerald Fields, for Darree Fields, etc.
Vice Mayor Amorose Groomes noted that the Ferris -Wright property is a good example.
Mr. McDaniel agreed that staff would bring back information for the second reading.
There will be a second reading/public hearing at the November 19 Council meeting.
Ordinance 77-18
Amending Figure 153.061-A to Address Street Connections based on Recent
Developments within the Bridge Street District and Analysis of the District
Transportation Plan. (Case 18-053ADMC)
Mayor Peterson introduced the Ordinance.
Mr. Stang stated that this amendment reflects recent development patterns and
envisioned road connections within the BSD. The street network map for the District
designates roadway classifications for existing and proposed streets to support the mixed-
use development patterns. [He shared a network map currently in the Zoning Code.]
The primary purpose of this amendment is:
• To update the street network map to reflect as built conditions, based off of the
recent development proposals the City has had; and
• To remove a section of Rock Cress Parkway extending from the terminus in
Historic Dublin to the future extension of Shawan Falls Drive to the west.
Highlighted on the screen in blue are the areas of the map being amended to reflect the
as built conditions of roadway alignments. These are based on development proposals
such as Bridge Park and Tuller Flats.
Highlighted in black are the portion of the network being removed entirely, such as the
neighborhood street going through the Penzone's campus as well as that extension of
Rock Cress Parkway.
Dayton Legal Blank, Inc.
Ordinance No.
76-18
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE ACCEPTING THE UPDATED
ESTIMATED AVERAGE PER ACRE VALUE OF LAND
FOR PARK FEES IN LIEU OF LAND DEDICATION.
WHEREAS, Section 152.086(C)(6) of the Dublin Codified Ordinances requires that an
estimated average value of land per acre shall be established by Council based on the
recommendations of qualified land appraiser; and
WHEREAS, the estimated price per acre value provides a base for the payment of the
park fee in lieu of a land dedication; and
WHEREAS, the Horner Appraisal Group, Inc. has completed their update of raw land
transactions within the Dublin area and is recommending an average suggested price
per acre of $65,000 for 2019 and 2020.
NOW,T EREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring, that:
Section 1. The report of the Horner Appraisal Group, Inc. is hereby accepted,
estimating the 2019-2020 per acre value for raw land at $65,000 within the City of
Dublin, Ohio for use pursuant to provisions of Chapter 53, Section 152.086(C)(6) of
the Dublin Codified Ordinances.
Section 2. This estimated value per acre shall be retained for a period of two (2)
years commencing with the efF,eAtive date of this Ordinance.
Section 3. This ordinWe shall be effective on January 1, 2019.
Pas 4e this 14:t � of �J v0 i) en%h ell, 2018.
Mayor —Priding officer
TTEST:
Clerk of Council
IGryof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, 01-143017-1090
Phone; 614,410,4400 o Fax; 614,410.4490
To: Members of Dublin City Council;
From; Dana L McDaniel, City Manage A,
r
Date: November 13, 2018
Initiated By: Matt Earman, Director of Parks & Recreation
Re: Ordinance 76-18 - Parkland Fees — 2019 and 2020
Background
I M1
At the November 5, 2018 Council meeting, staff recommended approval of Ordinance 76-18 -
Parkland Fees — 2019 and 2020, referencing Section 162.086, Part C of the Subdivision Regulations
for the City of Dublin, which stipulates that an estimated average value of land per acre shall be
established every two years by resolution of Council based upon the recommendation of a qualified
land appraiser retained by the City to research recent real estate transactions and provide Council
with a suggested price per acre for raw land within the city, (Attached)
This value is to be used by the City when it is determined that money in lieu of land for parkland
donation is in the best interest of the City for residential developments for the period of 2019 - 2020.
The suggested raw land value from the report is $65,000 per acre,
During Council's discussion of the recommended fee, concern was expressed that the raw land value
does not necessarily represent other types of land values throughout the City and that the appraisal
should include multiple criteria on which the estimate is based, However, the basis of the analysis
pertains to vacant, large tracts of land that have a Highest and Best Use of a Single Family
development, and the Ordinance does not speak to the appraisal being comprised of any other types
of use nor potentially higher values of land that could be a result of site improvements, location,
zoning requirements, etc,
Recommendation
Staff has reviewed the appraisal document and found it to be conducted consistent with the
stipulations noted in Section 152,086, Part C of the Subdivision Regulations. Therefore, staff
recommends adoption of Ordinance 76-18, changing the raw sand value for 2019 and 2020 to
$65,000, Passing this Ordinance now ensures that the increased land valuation applies to any new
application,
However, due to concerns raised at the November 5 Council meeting regarding the methodology
and criteria by which the appraisal is conducted, or the application thereof, staff also recommends
that Council refer a formal review of the Regulations to the Community Development Committee of
Council to consider amending the language and ensure it reflects the City's best interest, This review
can be conducted during the first quarter of 2019, so that any new amendments could be put in
place as quickly as possible,
10tvofDu6lin
Office of the City Manager
5200 Emerald Parkways Dublin, OH 43017-1090
Phone; 614,4104400 1 Fax; 614,410,4490
To: Members of Dublin City Council
From: Dana I... McDaniel, City Mana
Date: October 29, 2018
Initiated By: Matt Earman, Director of Parks & Recreation
Re: Ordinance 76-18 Parkland Fees — 2019 and 2020
Background
Attached is the City of Dublin Parkland Fee report from Horner Appraisal Group, Inc, that details the
recommended parkland fee for the years 2019 and 2020, The establishment of this fee is detailed
under Section 152,086, Part C of the Subdivision Regulations for the City of Dublin, which stipulates
that;
"Estimate average value of land per acre shall be estimated every two years by
resolution of Council based upon the recommendation of a qualified land appraiser
retained by the village to research recent real estate transactions and provide Council
with a suggested price per acre for raw land within the City."
The suggested raw land value found in this report is $65,000 per acre, The established value for
2017-2018 was $60,000 per acre and from 2013.2016, it was $45,000 per acre, This value, once
approved, will be used by the City when it is determined that payment in lieu of land for parkland
donation is in the best interest of the City. The summary of the reasons for the land values is in the
attached correspondence, A complete copy of the appraisal report is available for review in the
Council planning room.
Recommendation
Staff has reviewed the appraisal document and found it to be complete and in order and is
recommending adoption of Ordinance 76-18 at the second reading/public hearing on November 19,
2018, changing the raw land value for 2019 and 2020 to $65,000 per acre,