Metro Parks board approves policy for granting easements or sale of park property

The Metro Parks board of commissioners has adopted a policy on how and when it will approve easements or sell property as more developers approach the district asking for utility, road, or other types of access through park land.

"The Columbus region is booming, is growing," Metro Parks board member Aryeh Alex said. "We'll be confronted with future development challenges. What are we going to do?"

The new policy addresses that, requiring the Columbus-Franklin County Metro Parks board to look at "how approval would impact park visitors, the park itself, or programs."

"Metro Parks is not in the business of divesting itself of land holdings and this shall only occur in the most extreme of situations," the policy states.

"While this may seem as being uncooperative by some, it is not. Our ownership in land has been and should be considered by all as permanent. Any allowance differing from this has the potential of harming our reputation as a stable land steward," the policy states.

"Another factor that deserves consideration is the overall reputation of Metro Parks — we should not be seen as obstructionists nor should we be seen as pawns in a bigger game."

Tim Moloney, Metro Parks' executive director, said that now when developers ask about easements, "we can just send them the policy."

"We’re not putting it up as a hindrance. We believe this will help," he said.

The board adopted the policy last month in the wake of some controversy that occurred after Columbus City Council approved a zoning change allowing North Carolina-based Zimmer Development to build a 750-unit apartment complex adjacent to Scioto Audubon Metro Park.

Zimmer wanted an easement from Metro Parks for a strip of land Columbus officials said was needed for a new entrance and driveway to handle the estimated 1.5 million more vehicle trips a year to and from that would result if the apartments were developed.

During a July 11 Columbus City Council meeting, Council member Rob Dorans cited easements Metro Parks granted over the years, including those to privately owned utilities.

At the meeting, Moloney said that those easements were for the public good, and that a transfer can't be for something that's not consistent with the public purpose for acquiring the land, which in that case would have been for a private driveway.

In addition, some of the park property where the developer wanted to build the new road would have come from land set aside for Scioto Audubon's dog park, already relocated from another area of the metro park because of land needed by the Ohio Department of Transportation for interstate improvements.

As a result, the apartment development is proceeding but traffic from the apartments will be funneling onto a section of West Whittier Street where traffic travels to and from the Scioto Audubon Metro Park.

Alex said the Metro Parks' new policy provides clear-cut guidelines requiring that any requests to the Metro Parks for easements or sale of land must provide "clear and convincing proof" of meeting certain criteria. That includes:

∎ That if a request is made by a government entity, it will benefit either the community-at-large or a larger-scale public purpose.

∎ That the request has a clear and direct benefit to Metro Parks and park visitors.

∎ That requests from utilities or developers will not significantly impact parks.

Alex said that board members and staff often get a lot of questions from developers.

"This is to codify that. Here’s the language. It kind of lays out a level to engage to work though that process. To shore up and say, 'Here is our starting place. What are our values as a park district?" he said.

Moloney said there have been several requests for easements this year. He mentioned a proposed development near Pickerington Ponds Metro Park where the developer wanted utility easements.

In April, the Metro Parks board approved a resolution that cleared the way for a utility easement requested at Battelle Darby Creek Metro Park by Invenergy for a transmission line related to its 2,400-acre Pleasant Prairie solar project.

Moloney said the Thrive Companies project at Quarry Trails Metro Park is different because there was no park or development on that 600-acre site until both decided to develop it at the same time.

Alex said he has heard from residents concerned about development in general and about protecting Metro Parks land. He said he understands why developers are looking at building near parks.

"People want parks in their backyard," he said.

mferench@dispatch.com

@MarkFerenchik

This article originally appeared on The Columbus Dispatch: New policy on requests for easements or buying land from Metro Parks