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HomeMy WebLinkAboutOrdinance 60-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 60-23 Ordinance No. Passed 20. AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH PROPERTY OWNER HEATHER PROPERTIES, LLC ALONG THE INDIAN RUN MEADOWS PLANNED USE DEVELOPMENT CORRIDOR FOR LANDSCAPE MAINTENANCE WHEREAS, Heather Properties LLC, (the “Grantor”) own the real property known as Franklin County Auditor’s Parcel No 273-003024-00 (the “Grantor's Property”); and WHEREAS, the Indian Run Meadows Planned Unit Development was approved by the Dublin City Council with development text identifying this corridor as a prominent “gateway” through the community and including a roadway maintenance buffer requirement for all associated property owners; and WHEREAS, the buffer extends nearly a mile, beginning just south of Valley Stream Drive to the northern edge of Scottish Corners Park, on both sides of Muirfield Drive; and WHEREAS, the landscape treatment is applicable to residential, institutional, and commercial properties, and includes landscaping standards for the Muirfield Drive median which is already maintained by the City of Dublin; and WHEREAS, Grantor is responsible for all other maintenance associated with the easement, to include all lawn care such as mowing, fertilization, aeration and others to be consistent with the standards reflected in Dublin City Code; and WHEREAS, an updated inventory was conducted in 2019, and it was determined that approximately 184 trees were needed to cure deficiencies in the buffer; and WHEREAS, the Dublin City Council has created the “Greenway Corridor Program” designed to assist property owners with their responsibilities related to the buffer by ensuring appropriate screening with the necessary tree scape and maintenance at no cost to the property owners; and WHEREAS, Grantee desires a landscape easement over those portions of the Grantor’s Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the “Easement Area”) for the purpose of installing and maintaining certain trees; and WHEREAS, Grantor desires to grant a landscape easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Landscape Easement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, __[p _ of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute all necessary documentation with the Grantor for an Easement necessary to provide landscape maintenance of 0.037 acres, more or less, with changes not inconsistent with the Ordinance and not substantially adverse to the City and which shall be approved by the City Manager (Exhibit C.) 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. 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 take any other actions as may be appropriate to implement this Ordinance without further legislation being required. Section 3. — This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 60-23 Ordinance No. Passed Page 2 20. Passed this__I[* day of Deven ber , 2023. New, Ahh Mayor - rey ing Offide/ , ATTEST: aw Obes Clerk of Coun¢il CU To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: December 5, 2023 Initiated By: Matt Earman, Director of Parks and Recreation Re: Ordinance 60-23 through 62-23 – Authorizing the City Manager to Execute Easements along the Indian Run Meadows Planned Use Development Corridor for Landscape Maintenance – Follow-Up Information Background As a follow up to the November 27, 2023 meeting regarding Ordinance 60-23 through 62-23 - Authorizing the City Manager to Execute Easements along the Indian Run Meadows Planned Use Development Corridor for Landscape Maintenance, Council inquired about the removal of invasive honeysuckle along the corridor and what species would be planted in its place. Per City Code, the removal of invasive trees and shrubs such as honeysuckle is not a requirement. However, to be consistent with the buffer requirements honeysuckle alone is not considered appropriate screening and must be removed in order to plant the required number of appropriate trees and shrub species. During the first phase of the buffer planting plan, there are several properties where honeysuckle has been removed and replaced with new trees and shrubs to meet the required screening for the buffer program. In these situations, many species were included as replacements including evergreens and deciduous trees and shrubs depending on the conditions that existed. A list of species that have been planted along the corridor thus far is attached for reference. In situations where both honeysuckle and other appropriate species exist, and where these conditions meet the screening requirements, staff has encouraged property owners to have the honeysuckle removed and replaced with desired species of columnar evergreens such as arborvitae and junipers. On property easements where this condition remains, staff will continue to encourage property owners to have the honeysuckle removed and replaced with these species. Some property owners have chosen to accept this practice, to which staff has responded with an updated planting plan for these easements. Recommendation This memo is for informational purposes only. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Avery-Muirfield Easement Tree and Shrub Species Inventory Arborvitae ‘Green Giant’ Norway Spruce ‘Cupressina’ White Pine ‘Fastigigiata’ Jiniper ‘Spartan’ Alaskan Cedar American Holly Magnolia ‘Brackens Beauty’ Redbud ‘Forest Pansy’ Crabapple ‘Adirondack’ Dogwood ‘Cherokee Chief’ Upright Oak ‘Streetspire’ European Beech ‘Red Obelisk European Beech ‘Dawyck Gold’ American Hornbeam ‘Firespire’ Birch ‘Dakota Pinnacle’ Zelkova ‘Musashino’ Norway Maple ‘Crimson Sentry’ European Beech ‘Riversii’ Sweetbay Magnolia ‘Ned’s Northern Belle’ Serviceberry European Hornbeam ‘Frans Fontaine’ Dawn Redwood ‘Goldrush’ Willow ‘Trista’ To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: November 21, 2023 Initiated By: Matt Earman, Director of Parks and Recreation Re: Ordinance 60-23 through 62-23 – Authorizing the City Manager to Execute Easements along the Indian Run Meadows Planned Use Development Corridor for Landscape Maintenance Background Ordinances 60-23 through 62-23 are to continue securing landscape maintenance easements associated with the Greenway Corridor Program that was initiated by City Council in 2020 for the properties adjoining Avery-Muirfield Drive in the Indian Run Meadows subdivision. This program includes securing landscape maintenance easements from property owners along the corridor for the City to take over the responsibility to maintain the appropriate tree and shrub screening as reflected in the development text. Documents from previous Council meetings related to the implementation of this program, as well as additional details about the required screening are attached for reference. Staff has completed the first phase of the replanting plan along the corridor, which included the removal of 84 trees/shrubs that were in poor or dead condition and the planting of 123 new trees/shrubs for 22 properties to achieve the minimum screening requirements. This phase of improvements was completed on June 1, 2023. The landscape easements included in the subject ordinances include three additional property owners who have submitted documents affirming their desire to participate in the program. A map of the property locations is also attached. Property Owner Address Auditor Parcel ID Number Tyler & Elizabeth Stafford 6933 Fallen Timbers Drive 273-002195-00 Heather Properties LLC 6973 Fallen Timbers Drive 273-003024-00 Jason & Megan Miller 6981 Fallen Timbers Drive 273-003025-00 The improvements required on these additional properties are estimated to cost approximately $2,000, which will be funded using existing operating budget allocations. Of the 31 total properties along this corridor, 25 properties will now be included in the program. The remaining six property owners have decided not to participate. These six properties are currently in compliance with the required screening and will be responsible to continue to meet the minimum requirements at their own expense going forward. Recommendation In accordance with City Council’s direction to implement the Greenway Corridor Program, staff recommends approval of Ordinances 60-23 through 62-23, authorizing the City Manager to execute easements along the Indian Run Meadows Planned Use Development Corridor for landscape maintenance. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo HUYNH LUAN7162 MOJAVE STHIDINGER LEVI7351 PUEBLO CTCROSBY TIFFANY7348 PUEBLO CTTESTA MARYANNE6009 HOLYWELL CTWEAVER MEGHAN6001 HOLYWELL DRCARNEY SCOTT T6861 RUNNING DEER PLSHAW CHARLES6365 VALLEY STREAMBLUM MERRI6871 RUNNING DEER PLWALTERS THOMAS6879 RUNNING DEER PLPURNAMA CHANDRA6887 RUNNING DEER PLKALAIARASU PRAKASH6895 RUNNING DEER PLGARRETT MATTHEW6901 RUNNING DEER PLCHOUDHARY KRISHNA K6905 RUNNING DEER PLWILLIAMS HOLLY6919 FALLEN TIMBERS DRFRANCIS DAVID6925 FALLEN TIMBERS DRSTAFFORD TYLER6933 FALLEN TIMBERS DR0.23 ACDEARING CHARLES6941 FALLEN TIMBERS DRLYTLE AMY6949 FALLEN TIMBERS DRWILCOX HAYES6957 FALLEN TIMBERS DRBRENNAN CHAD6965 FALLEN TIMBERS DRHEATHER PROPERTIES LLC6973 FALLEN TIMBERS.22 ACMILLER JASON6981 FALLEN TIMBERS DR.22 ACPARISH STEVEN6989 FALLEN TIMBERSMYERS TERI6997 FALLEN TIMBERS DRWEBER JACK7005 FALLEN TIMBERS DRGASPER KEITH7222 SUNDOWN CTSALLUSTRO ANTHONY7228 SUNDOWN CTROSTON CAROL7234 SUNDOWN CTKIELIAN MICHAEL7183 MOJAVE STSHERMAN ROBIN7175 MOJAVE STDAY MARK7234 SUNDOWN CT70'-0"25'-0" 25'-0"LEGENDProposed Landscape EasementParcelMuirfield DriveTara Hill DrScottish CornersFallen Timbers Drive• Three Additional Easements•Total Number of Easements – 25 out of 31• Six Remaining Easements Currently in Compliance• All 25-Feet Easements from the Sidewalk