Resolution 43-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: July 20, 2021
Initiated By: Megan D. O’Callaghan, PE, Deputy City Manager/Chief Finance and
Development Officer
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Jean-Ellen M. Willis, PE, Deputy Director of Transportation & Mobility
Re: Resolution 43-21 – Authorizing the City Manager to Enter into a Developer’s
Agreement with the Union County Engineer’s Office and Glacier Pointe
Development, LTD, for the Glacier Pointe, Section 2 Development
Background
The Glacier Pointe neighborhood, which is situated between Mitchell-Dewitt and McKitrick Roads, is
currently under development in Jerome Township in Union County. Based on the coordination and
cooperation between Union County and Dublin over many years, Union County included Dublin in
the development and review of the traffic study. As a result, Dublin is included in a three-party
Developer’s Agreement related to the neighborhood development and will receive funding for
improvements to the Hyland-Croy Road corridor. The proposed Developer’s Agreement, between
Union County, City of Dublin, and Glacier Pointe Development, LTD, is attached for your reference.
Jerome Township approved the 439 single family unit residential development for Glacier Pointe on
approximately 249-acres of land outside Dublin. The land, also known as the Diocese Tract, is on
the north sides of Mitchell-Dewitt Road and McKitrick Road, between US 33 and the Glacier Ridge
Metro Park. The project location and site layout is shown in Figure 1 below.
Figure 1. Glacier Pointe Site Layout
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Resolution 43-21 – Glacier Pointe Developer’s Agreement
July 20, 2021
Page 2 of 3
The roadways adjacent to the development are under the jurisdiction of Union County, while
Hyland-Croy Road, between Mitchell-Dewitt Road/Brand Road and McKitrick Road, is under the
jurisdiction of the City of Dublin. The development is currently requesting Union County’s approval
of the final plat for Section 2.
Summary
As a component of its development process, Glacier Pointe Development, LTD commissioned a
traffic impact study (TIS) to determine the impact that the proposed development would have on
the roadway network over the ten-year period from 2018 to 2028. The TIS was finalized in June
2020 by Advanced Civil Design. The TIS evaluates impacts of the additional traffic on the
surrounding roadway network and suggests mitigation measures for these impacts to roadways in
both Union County and the City of Dublin.
Given the proximity of the site to Dublin and the relationship the City has built with Union County,
Dublin staff had the opportunity to review the TIS and the associated Developer’s Agreement.
Union County and the development team were responsive to the City comments.
The final TIS identified future improvements to achieve acceptable levels of service at the
intersections of Hyland-Croy Road and McKitrick Road, as well as Hyland-Croy Road and Brand
Road/Mitchell-Dewitt Road within the City of Dublin, along with Mitchell-DeWitt Road and McKitrick
Road; US 42 and Industrial Parkway; and Mitchell-DeWitt Road and Industrial Parkway in Union
County. The study forecasts that improvements would be needed by 2028. The segment of
Hyland-Croy Road between Brand Road/Mitchell-Dewitt Road and McKitrick Road is expected to
operate acceptably with the intersection improvements. The development will contribute to traffic
at the Dublin controlled intersections as follows:
Hyland-Croy Road and McKitrick Road: The intersection will require mitigation for the
background condition. A roundabout is programmed in the current Capital Improvements
Program for construction in 2023. The Glacier Pointe development will contribute 3.07% of
the traffic at this intersection.
Hyland-Croy Road and Brand Road/Mitchell-DeWitt Road: The intersection will
require mitigation for the background condition. An estimated improvement of $500,000
has been used for other infrastructure agreements in the area. The Glacier Pointe
development will contribute 5.62% of the traffic at this intersection.
Off-Site Improvements Table – Dublin Intersections
Intersection Improvement Improvement
Estimate
Percent Site
Contribution
Site
Contribution
Hyland-Croy Rd and McKitrick Rd $2,500,000 3.07% $76,750
Hyland-Croy Rd and Brand Rd/
Mitchell-Dewitt Road $500,000 5.62% $28,100
Total $3,000,000 3.5% $104,850
Dublin will receive one half of the site contribution for these two intersections, in the amount of
$52,425, prior to recording the final plat of Section 2, Phase 2. The remainder of the site
Resolution 43-21 – Glacier Pointe Developer’s Agreement
July 20, 2021
Page 3 of 3
contribution ($52,425) is due prior to recording the final plat for any subsequent section, as
described in items 5 and 6 in the Developer’s Agreement. The developer constructed an eastbound
left turn lane from Mitchell-Dewitt Road into the site access (Glacier Pointe Drive), with the first
section of the Development. The developer also agrees to additional off-site improvements and
contributions to Union County, per the Developer’s Agreement.
Recommendation
Staff recommends approval of Resolution 43-21 authorizing the City Manager to enter into a
Developer’s Agreement in cooperation with Union County and Glacier Pointe Development, LTD for
the Glacier Pointe, Section 2 Development.
DEVELOPER’S AGREEMENT
Glacier Pointe – Section 2
This Agreement made and entered into this day of , 2021, by and between the Board of
Commissioners of Union County, Ohio, hereinafter referred to as the County, the City of Dublin,
Ohio, a municipal corporation duly organized and validly existing under the Constitution and laws
of the State of Ohio and its Charter, hereinafter referred to as Dublin (with the County and Dublin
collectively hereinafter referred to as the Jurisdictions), and Glacier Pointe Development, LTD.,
hereinafter referred to as the Developer (with the Jurisdictions and Developer collectively
hereinafter referred to as the Parties), Witnesseth:
WHEREAS, the Developer is presently engaged in the improvement of certain lands in
Jerome Township, Union County, Ohio and is desirous of constructing public streets, curbs and
gutter, open ditches, storm sewers, catch basins, manholes and related public facilities to service
the lots located in a subdivision known as Glacier Pointe Section 2 now being developed by the
Developer and, hereinafter referred to as the Subdivision, and
WHEREAS, the Developer has already constructed and platted previous sections of
Glacier Pointe, and will develop and plat subsequent sections of Glacier Pointe, with each section
consisting of the following number of single family lots:
Section 1: 79 single family lots
Section 2, Ph1: 41 single family lots
Section 2, Ph2: 57 single family lots
Section 3: 44 single family lots (Estimate)
Section 4: 122 single family lots (Estimate)
Section 5: 96 single family lots (Estimate)
Total: 439 single family lots (Estimate)
WHEREAS, the Developer has commissioned a traffic impact study (TIS), titled “Glacier
Pointe – Traffic Impact Study”, prepared by Advanced Civil Design, Inc. and dated June 2020,
that has been reviewed and approved by the Jurisdictions, and
WHEREAS, the parties hereto desire to effectuate an Agreement providing for the
construction and maintenance of the public streets, curbs and gutter, open ditches, storm sewers,
catch basins, manholes and related public facilities (collectively, the “Improvements”) within the
7th July
approved construction documents titled, “Street, Storm & Water Improvement Plans for Glacier
Pointe Section 2”, subject to certain terms and conditions as hereinafter set forth, and
WHEREAS, the parties hereto desire to effectuate an Agreement providing for the
construction of and the contribution towards certain transportation improvements to the
surrounding roadway network to mitigate the impact of the additional traffic generated by the
Subdivision,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and
set forth, it is mutually agreed as follows:
1. The Developer has furnished a southeastbound left turn lane from Mitchell-Dewitt Road
into the site access (Glacier Pointe Drive), as identified in the TIS solely at the Developer’s
cost. This on-site improvement was constructed as part of the first section of the overall
Glacier Pointe Development.
2. The Developer agrees to construct a southeastbound left turn lane from Mitchell-Dewitt
Road onto McKitrick Road as identified in the TIS, solely at the Developer’s cost. This
off-site improvement shall be constructed prior to or concurrently with the development of
Section 4 OR prior to the platting of the 222nd lot within the Glacier Pointe Development,
whichever occurs first.
3. The Parties agree that the Subdivision, in addition to previous and subsequent Sections,
adds traffic to the US 42 and Industrial Parkway intersection. The Developer agrees to
contribute $202,000.00 (4.04% of the estimated cost of $5,000,000.00) towards this future
intersection improvement project. The estimated cost is based upon a cost estimate
provided by the engineer currently designing the improvement at the US 42 and Industrial
Parkway intersection. This contribution will be paid to the County in phases,
commensurate with the number of lots platted with that section, and due to the County
prior to the recording of the final plat of that subject section. Based on the lot counts laid
out in this agreement, payment amounts will be phased as following:
a. Prior to recording the final plat of Section 2, Phase 2: $68,680.00 due to County
b. Prior to recording the final plat of Section 3: $54,540.00 due to County
c. Prior to recording the final plat of Section 4: $46,460.00 due to County
d. Prior to recording the final plat of Section 5: $32,320.00 due to County
4. The Parties agree that the Subdivision, in addition to previous and subsequent Sections,
adds traffic to the Mitchell-Dewitt Road and Industrial Parkway intersection under Union
County jurisdiction. The Developer agrees to contribute $58,800.00 (16.80% of the
estimated cost of $350,000.00) towards this future intersection improvement project. The
estimated cost is based upon the average cost of an improvement at the intersection using
either a signalized configuration. This contribution will be paid to the County in phases,
commensurate with the number of lots platted with that section, and due to the County
prior to the recording of the final plat of that subject section. Based on the lot counts laid
out in this agreement, payment amounts will be phased as following:
a. Prior to recording the final plat of Section 2, Phase 2: $19,404.00 due to County
b. Prior to recording the final plat of Section 3: $15,876.00 due to County
c. Prior to recording the final plat of Section 4: $13,524.00 due to County
d. Prior to recording the final plat of Section 5: $9,996.00 due to County
5. The Parties agree that the Subdivision, in addition to previous and subsequent Sections,
adds traffic to the Hyland-Croy Road and Brand Road/Mitchell-Dewitt Road intersection
under both County and Dublin’s jurisdiction. The Developer agrees to contribute
$28,100.00 (5.62% of the estimated cost of $500,000.00) for the proposed intersection
modification at this location. One half of this contribution amount ($14,050.00) will be
due prior to recording the final plat of Section 2, Phase 2. The remaining contribution
amount will be due prior to recording the final plat for any subsequent section.
6. The Parties agree that the Subdivision, in addition to previous and subsequent Sections,
adds traffic to the McKitrick Road and Hyland-Croy Road intersection under both County
and Dublin’s jurisdiction. The Developer agrees to contribute $76,750.00 (3.07% 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 a roundabout configuration, which is designed and
programmed for construction by Dublin in the near future. One half of this contribution
amount ($38,375.00) will be due prior to recording the final plat of Section 2, Phase 2. The
remaining contribution amount will be due prior to recording the final plat for any
subsequent section.
7. The Developer agrees to furnish and install all necessary Improvements to serve the
Subdivision. All easements necessary for the construction shall be acquired by the
Developer.
8. The Developer has paid to the Union County Engineer the sum of $29,368.62 to cover plan
review costs.
9. The Developer shall assume all costs in connection with the construction of the
Improvements including: engineering, testing, furnishing all labor, material and
equipment, and the cost of inspections. The Union County Engineeer will hire a 3rd party
consultant to provide inspection and testing services of the public improvements to the
Subdivision. The Developer will be invoiced by the Union County Engineer the actual
costs incurred for the inspection and testing services provided by the 3rd Party Consultant.
The Develpoer shall make prompt payments of the invoiced amounts.
10. Each contractor involved in the construction of the public facilities shall submit proof of
Liability Insurance amounting to $500,000/1,000,000 bodily injury, prior to working on
the project site.
11. The Developer shall provide for all material or construction testing which may be required
by the Union County Engineer. All testing required shall be completed and the material or
construction deemed acceptable by the Union County Engineer before the Developer
requests approval of the public facilities by the Union County Engineer. In
communications with the Developer, the County and the Union County Engineer shall
respond in a timely manner and approvals of the County or the Union County Engineer
will not be unreasonably withheld, conditioned or delayed.
12. Prior to the approval of the Improvements by the Union County Engineer, the Developer
shall furnish a statement of actual cost to the Union County Engineer, itemizing the total
cost of the Improvements constructed under this Agreement. The costs shall include
construction and testing costs.
13. The Developer shall repair, replace or correct any improvements, which have proved faulty
or been improperly installed during the Maintenance Period. The length of the
Maintenance Period shall be established in accordance with Section 330 of the Union
County Subdivision Regulations. Following the expiration of the Maintenance Period, the
County shall accept all maintenance responsibility for such Improvements constructed
under this Agreement.
14. Upon completion of the Improvements, the Developer shall deposit a guarantee bond,
amounting to a minimum of twenty percent (20%) of the actual total cost of the
Improvements as a guarantee that all equipment and materials were properly installed and
that the Improvements will perform satisfactorily during the Maintenance Period.
15. Snow removal, mowing, and other maintenance tasks are the responsibility of the
Developer during the Maintenance Period. The County or Township may perform such
tasks if requested by the Developer. The Developer shall pay the actual costs for the
County or Township to provide such services.
16. a. Upon completion by the Developer of all the Improvements to be constructed under this
Agreement and upon approval of those by the Union County Engineer, the Developer shall
dedicate to Union County, or to public use, the applicable public facilities, rights-of-way
and easements constructed, created or acquired for the subdivision, and shall dedicate the
public water and sanitary utilities to the applicable service provider, OR
b. Upon presentation of acceptable surety guaranteeing the completion of all the
Improvements in the Subdivision and upon approval of the detailed plans and
specifications by the Union County Engineer, the Developer shall dedicate to Union
County, or to public use, the applicable Improvements, rights-of-way and easements
required and shall dedicate the public water and sanitary utilities to the applicable service
provider.
17. After approval of the Improvements by the Union County Engineer and after dedication of
the Improvements by the Developer, the Union County Commissioners will begin levying
Ditch maintenance assessments to cover direct and indirect maintenance costs associated
with the collection and control of storm water. The assessments may be revised from time
to time.
18. The Developer shall insert all applicable “Standard Deed Restrictions for Union County,”
dated November 18, 2005 in the Final Plat deed restrictions for the subdivision, as directed
by the Union County Engineer.
19. Prior to the date of approval of the Improvements by the Union County Engineer, the
Developer shall furnish the Union County Engineer with a complete set of reproducible
drawings, revised as constructed (“As-Built”). Approval of the Improvements will not be
issued until the As-Built drawings have been delivered to the Union County Engineer. All
As-Built information shall be shown in red ink and each sheet of the drawings shall be
marked “As-Built” in red ink.
20. The Developer shall pursue, through the County, and in cooperation with Union Soil &
Water Conservation District, the ditch petition process placing all applicable storm sewers,
retention/detention basins, outlets, and ditches on public maintenance. Maintenance of
such facilities will be performed by the Union Soil & Water Conservation District, with
funds made available by the petition process and tax assessment to each property in the
subdivision. All necessary easements will be dedicated by the Developer to allow access
for maintenance to occur. This process shall be completed before the Final Plat can be
filed. Specific improvements to the existing ditches will be required and must be
performed by the Developer, at the direction of the Union County Engineer and/or Union
Soil & Water, as part of the project, and prior to the commencement of the Maintenance
Period.
21. The Developer agrees to obtain and comply with all Ohio EPA NPDES Construction
General Permit requirements as applicable and maintain stormwater records/plans as
required by Ohio EPA. Permit shall be submitted to the Union County Engineer prior to
construction and before filing of the Final Plat.
22. The Developer agrees to obtain and comply with all Army Corp of Engineers requirements,
if applicable, regarding the preservation of or permissible work on existing ditches and
wetlands on the property. Developer shall obtain 404 permit (if necessary) and submit to
Union County Engineer prior to the commencement of work and before filing of the Final
Plat.
23. All work shall be completed by ________
24. The specified haul route for all construction equipment, construction-related traffic and
deliveries to the subdivision shall be as follows:
US Route 33 to US-42;
thence southerly on US-42 to Industrial Parkway (CR-1);
left onto Inustrial Parkway (CR-1);
thence easterly on Industrial Parkway (CR-1) to Mitchell DeWitt Road (CR-9);
thence left onto Mitchell DeWitt Road (CR-9);
thence northeasterly on Mitchell DeWitt Road (CR-9) to the subdivision
construction entrance.
25. The Developer agrees to abide by this haul route and will require all contractors,
subcontractors and suppliers to abide by this route. Failure to comply with the specified
haul route may result in a stop work order being issued by the Union County Engineer.
The Developer will also be responsible for any and all costs associated with pavement
repairs on roads that are damaged by construction equipment if the specified haul route is
not used. Repairs must be made and paid for by the Developer before the Improvements
will be placed on the public maintenance period.
26. The Developer is hereby granted one, and only one, temporary construction driveway and
culvert (if necessary), to be located at the main entrance to the Subdivision. The drive and
culvert are to be installed at the commencement of construction. This is the sole entrance
to the project site for all c onstruction equipment, construction-related traffic and deliveries.
No other access points are permitted. Failure to comply with this requirement may result
in revocation of the temporary driveway permit.
This Agreement shall be binding upon the heirs, executor, successors and assigns of all parties
hereto. Signatures to be set forth on Pages 7 and 8 of this Agreement.
IN WITNESS THEREOF, the parties hereto have set their hands the date above mentioned.
12/31/22
Witnesses: City of Dublin, Ohio
__________________________________ __________________________________
Signature Date Signature Date
Printed Name: Dana L. McDaniel, City Manager
__________________________________
Signature Date
Printed Name:
Approved as to form:
__________________________________
Signature Date
Jennifer D. Readler, Law Director