Explanation
1. Background:
As a part of the Department of Development's plan to redevelop the former Schottenstein site, the City of Columbus, Department of Public Service desires to vacate the portion of the Goethe Avenue right-of-way between Barthman and Innis Avenues, the unnamed alley north of Barthman Avenue between Washington and Goethe Avenues and the unnamed alley north of Reeb Avenue between Washington and Goethe Avenues. Vacation of these rights-of-way will allow for the development of property currently owned by the City of Columbus, adjacent to the former Schottenstein site, bounded by Washington Avenue on the west, Parsons Avenue on the east, Barthman Avenue on the south and Innis Avenue on the north.
After investigation by Division of Planning and Operations staff it was determined that the vacation of these rights-of-way will enhance the redevelopment potential of the site. It was also determined that the City will not be adversely affected by the vacation of these rights-of-way.
2. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow this vacation to occur as soon as possible, thereby allowing the Department of Development to proceed with the proposed development of the site without delay.
Title
To vacate the portion of the Goethe Avenue right-of-way between Barthman and Innis Avenues, the unnamed alley north of Barthman Avenue between Washington and Goethe Avenues and the unnamed alley north of Reeb Avenue between Washington and Goethe Avenues; to the extent they may apply, to waive the Land Review Commission requirements of Columbus City Codes; and to declare an emergency.
Body
WHEREAS, as a part of the Department of Development's plan to redevelop the former Schottenstein site, the City of Columbus, Department of Public Service desires to vacate the portion of the Goethe Avenue right-of-way between Barthman and Innis Avenues, the unnamed alley north of Barthman Avenue between Washington and Goethe Avenues and the unnamed alley north of Reeb Avenue between Washington and Goethe Avenues; and
WHEREAS, after investigation by Division of Planning and Operations staff it was determined that the vacation of these rights-of-way will enhance the redevelopment potential of the site; and
WHEREAS, it was also determined that the City will not be adversely affected by the vacation of these rights-of-way; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to vacate the portion of the Goethe Avenue right-of-way between Barthman and Innis Avenues, the unnamed alley north of Barthman Avenue between Washington and Goethe Avenues and the unnamed alley north of Reeb Avenue between Washington and Goethe Avenues so redevelopment of the former Schottenstein site can proceed without delay preserving the public health, peace, safety and welfare now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the portion of the Goethe Avenue right-of-way between Barthman and Innis Avenues, the unnamed alley north of Barthman Avenue between Washington and Goethe Avenues and the unnamed alley north of Reeb Avenue between Washington and Goethe Avenues, be and hereby is vacated.
SECTION 2. That this Council has determined it is in the best interest of the City of Columbus to allow these rights-of-way to be vacated without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the vacation of these rights-of-way.
SECTION 3. That a general utility easement in, on, over, across and through the above described rights-of-way shall be and hereby retained unto the City of Columbus for those utilities located within said rights-of-way.
SECTION 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easement area the Director of the Department of Public Service is hereby authorized to execute those documents necessary to release the retained general utility easement with no additional compensation due to the City and with no further legislative action required by the City.
SECTION 5. 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.