Title
Temporary Construction Yard at Ohio Turnpike and Stow Road
Brief Description: Beaver Excavating is stating a need to utilize the current construction yard until July 5, 2026, the end date of the lease agreement established with the previous owner.
Body
Legislative History
None
Purpose & Explanation
Please see the attached memorandum
Beaver Excavating is utilizing a temporary construction yard at Stow Road and the Turnpike (PP#3009781). The city has processed ZC 23-728 for a one year term with three subsequent six month extensions as permitted under the LDC allowances of 1206.04(c). The current, final extension will expire on January 27, 2026.
Beaver Excavating entered into a Property Lease and Easement Agreement with the previous owners allowing use of the property for a 36-month period ending on July 5, 2026. This 36-month agreement does not align with the maximum timeline allowed under the Land Development Code (30 months). The contractor had initially anticipated completing the project this Fall; however, the project will not be fully completed until Summer 2026.
Beaver Evacating is stating a need to utilize the current construction yard until July 5, 2026, the end date of the lease agreement. Since the City purchased the property while the lease from the previous owner was still in effect, the Solicitors office anticipates the need to negotiate a settlement agreement to allow the use of the property under the expired permit until the lease expiration and to require liquidated damages of $500 a day (per the standards of LDC 1212) to ensure they vacate per the lease expiration in July and that the site be properly restored.
Timing Considerations
None
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
N Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends City Council review the attached memorandum and provide applicable direction on the anticipated settlement agreement to be prepared for Council review.
Submitted by,
Thomas J. Sheridan, City Manager
Brian Griffith, Asst City Manager
Greg Hannan, Community Development Director