Explanation
BACKGROUND:This ordinance is submitted to Council for the purpose of approving the application of Continent Commercial 1, LLC and Continent French Quarter, LLC in order to designate the Continent as a Community Entertainment District. The Ohio Revised Code requires that City Council approve the designation of a Community Entertainment District within 75 days of the date of application. Processing time and required public hearings create a time constraint. All of the above creates the necessity for emergency legislation in order to meet the deadline.
FISCAL IMPACT:The designation of a Community Entertainment District will have no fiscal impact. However, a successful Community Entertainment District has the potential to create additional tax revenue to the city.
Title
To approve the application of Continent Commercial 1, LLC and Continent French Quarter, LLC, for the designation of the Continent as a Community Entertainment District and to declare an emergency. (AMENDED BY 2547-2003 PASSED 12/8/2003)
Body
WHEREAS, section 4301.80 of the Ohio Revised Code provides for the designation of Community Entertainment Districts; and
WHEREAS, Columbus City Ordinance 2143-00 provides a procedure to designate Community Entertainment Districts in Columbus; and
WHEREAS, Continent Commercial 1, LLC and Continent French Quarter, LLC, has properly filed an application to designate the Continent as a Community Entertainment District; and
WHEREAS, a public hearing was held on June 19, 2003, at which there was no opposition to the application; and
WHEREAS, the Administration and the City Council have reviewed this application and determined that the designation of the Continent as a Community Entertainment District meets all provisions of both section 4301.80 of the Ohio Revised Code and City Ordinance 2143-00; and
WHEREAS, it is in the best interest of the city of Columbus to approve the application of Continent Commercial 1, LLC and Continent French Quarter, LLC, to designate the Continent as a Community Entertainment District; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to approve the application of Continent Commercial 1, LLC and Continent French Quarter, LLC, to designate the Continent as a Community Entertainment District in order to meet the deadlines established by section 4301.80 of the Ohio Revised Code all for the preservation of the public peace, property, health safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That pursuant to section 4301.80 of the Ohio Revised Code and City Ordinance 2143-00 the application of Continent Commercial 1, LLC and Continent French Quarter, LLC, to designate the Continent, an area generally bounded by I-71 to the east, Shapter Avenue and Mediterranean Avenue to the south, Busch Boulevard to the west and Atlantic Avenue to the north as a Community Entertainment District be, and the same is hereby approved. Said territory is described in more detail as follows:
Beginning at the intersection of the east right-of-way line of Busch Boulevard (S.R. 710) as shown on Ohio Department of Transportation Plan No. FRA-710-0.00 and the south right-of-way line of Atlantic Avenue as dedicated in Plat Book 46, Page 12; thence along the south right-of-way line of said Atlantic Avenue the following two (2) courses:
1.) South eighty-seven degrees fifteen minutes twenty-four seconds East (S87°15'24"E) for nine and 34/100 feet (9.34') to a point;
2.) on a curve to the left with a radius of three hundred thirty and 00/100 feet (330.00') for an arc distance of two hundred nine and 09/100 feet (209.09'), chord bearing North seventy-four degrees thirty-five minutes thirty-one seconds East (N74°35'31"E) for two hundred five and 61/100 feet (205.61'), delta angle of said curve being thirty-six degrees eighteen minutes nine seconds (36°18'09") to a point at a west corner of a 16.437 acre tract of land as conveyed to Continent Village LLC by deed recorded in Instrument No. 200103050043976;
thence along the west and south lines of said 16.437 acre tract for the following 11 courses:
1.) South thirty-six degrees nine minutes fifty-two seconds East (S36°09'52"E) for thirty-seven and 96/100 feet (37.96') to a point at a corner thereof;
2.) on a curve to the right with a radius of seventy-five and 00/100 feet (75.00') for an arc distance of fifty and 96/100 feet (50.96'), chord bearing South sixteen degrees forty-one minutes fifty-six seconds East (S16°41'56"E) for forty-nine and 99/100 feet (49.99'), delta angle of said curve being thirty-eight degrees fifty-five minutes fifty-two seconds (38°55'52") to a point at a corner thereof;
3.) South two degrees forty-six minutes zero seconds West (S02°46'00"W) for two hundred eleven and 70/100 feet (211.70') to point at a corner thereof;
4.) on a curve to the right with a radius of one hundred ten and 00/100 feet (110.00') for an arc distance of seventy-two and 24/100 feet (72.24'), chord bearing South twenty-one degrees thirty-four minutes forty-eight seconds West (S21°34'48"W) for seventy and 95/100 feet (70.95'), delta angle of said curve being thirty-seven degrees thirty-seven minutes thirty-six seconds (37°37'36") to a point at a corner thereof;
5.) on a curve to the left with a radius of one hundred forty and 00/100 feet (140.00') for an arc distance of ninety-one and 94/100 feet (91.94'), chord bearing South twenty-one degrees thirty-four minutes forty-eight seconds West (S21°34'48"W) for ninety and 30/100 feet (90.30'), delta angle of said curve being thirty-seven degrees thirty-seven minutes thirty-six seconds (37°37'36") to a point at a corner thereof;
6.) South two degrees forty-six minutes zero seconds West (S02°46'00"W) for forty-five and 55/100 feet (45.55') to point at a corner thereof;
7.) South eighty-seven degrees fourteen minutes zero seconds East (S87°14'00"E) for two hundred forty-five and 95/100 feet (245.95') to a point at a corner thereof;
8.) South two degrees forty-six minutes zero seconds West (S02°46'00"W) for thirty-three and 57/100 feet (33.57') to a point at a corner thereof;
9.) South eighty-seven degrees fourteen minutes zero seconds East (S87°14'00"E) for four hundred sixty-nine and 00/100 feet (469.00') to a point at a corner thereof;
10.) North two degrees forty-six minutes zero seconds East (N02°46'00"E) for thirty-two and 23/100 feet (32.23') to a point at a corner thereof;
11.) South eighty-seven degrees fourteen minutes zero seconds East (S87°14'00"E) for three hundred forty-five and 05/100 feet (345.05') to a point at a corner thereof;
thence along the west line of a 1.656 acre tract as conveyed to Kantu Patel bye deed recorded in Instrument No. 200003160052117, the west line of a 2.561 acre tract as conveyed to ESA 0590 Inc. by deed of record in Official Record 32856 F-11, the west line of a 2.000 acre tract as conveyed to Cross Country Inns by deed of record in Instrument No. 199808280219129, the west line of a 3.000 acre tract as conveyed to Marriott Residence Inn LP by deed of record in Official Record 11544 I-07, and the west line of a 2.000 acre tract as leased to Donlen Columbus Hotel LP by lease of record in Official Record 10016 F-07 South two degrees forty-two minutes six seconds West (S02°42'06"W) for one thousand two hundred ninety-four and 86/100 feet (1294.86') to point on the north right-of-way line of Mediterranean Avenue as dedicated in Plat Book 46, Page 12 and being the southeast corner of said 25.415 acre tract;
thence along the north right-of-way line of said Mediterranean Avenue and the south line of said 25.415 acre tract North eighty-seven degrees sixteen minutes three seconds West (N87°16'03"W) for eight hundred twenty-nine and 88/100 feet (829.88') to a point said point being the intersection of said north line with the west line of Board Walk Avenue as dedicated in Plat Book 46, Page 12;
thence along said west right-of-way line South two degrees forty-six minutes fifty-four seconds West (S02°46'54"W) for twenty-six and 00/100 feet (26.00') to a point said point being a south corner of said 25.415 acre tract and the northeast corner of a 0.964 acre tract as conveyed to Laurence M. and John Mallo by deed of record in Official Record 16949 F-18;
thence along the north line of said 0.964 acre tract North eighty-seven degrees two minutes sixteen seconds West (N87°02'16"W) for one hundred thirty-seven and 16/100 feet (137.16') to a point, said point being the northwest corner of said 0.964 acre tract, the southwest corner of said 25.415 acre tract, and in the east right-of-way line of said Busch Boulevard;
thence along the west line of said 25.415 acre tract and the east right-of-way line of said Busch Boulevard the following five (5) courses:
1.) on a curve to the left with a radius of eight hundred thirty-eight and 94/100 feet (838.94') for an arc distance of four hundred twenty-three and 24/00 feet (423.24'), chord bearing North thirteen degrees thirty minutes thirty-two seconds West (N13°30'32"W) for four-hundred eighteen and 76/100 feet (418.76'), delta angle of said curve being twenty-eight degrees fifty-four minutes seventeen seconds (28°54'17) to a point;
2.) North twenty-seven degrees fifty-seven minutes forty-one seconds West (N27°57'41"W) for two hundred eighty-eight and 11/100 feet (288.11') to a point;
3.) on a curve to the right with a radius of six hundred eighty-eight and 94/100 feet (688.94') for an arc distance of three hundred sixty-nine and 20/100 feet (369.20'), chord bearing North twelve degrees thirty-six minutes thirty-three seconds West (N12°36'33"W) for three hundred sixty-four and 80/100 feet (364.80'), delta angle of said curve being thirty degrees forty-two minutes seventeen seconds (30°42'17") to a point;
4.) thence continuing along the west line of said 25.415 acre tract and the east right-of-way line of said Busch Boulevard and along the west line of said 15.082 acre tract and said 14.063 acre tract North two degrees forty-four minutes thirty-six seconds East (N02°44'36"E) for seven hundred eighty-seven and 61/100 feet (787.61') to a point , said point being a corner on the east right-of-way line of said Busch Boulevard and a northwest corner of said 14.063 acre tract;
5.) thence continuing along the east right-of-way line of said Busch Boulevard and the north line of said 14.063 acre tract South eighty-seven degrees fifteen minutes twenty-four seconds East (S87°15'24"E) for seventy-four and 00/100 feet (74.00') to a point, said point being a corner in the east right-of-way line of said Busch Boulevard and a north corner of said 14.063 acre tract;
6.) thence continuing along the east right-of-way line of said Busch Boulevard and a west line of said 14.063 acre tract North two degrees forty-four minutes thirty-six seconds East (N02°44'36"E) for twenty and 07/100 feet (20.07') to the POINT OF BEGINNING, containing fifty-six and 180/1000 (39.742) acres, more or less.
Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.