Explanation
In 2002 the City of Columbus (the "City") began aggressively encouraging the development of downtown housing. In response, a number of development companies began rehabilitating existing structures into residential units and in 2006 The Edwards Companies ("Edwards") officially notified the City that they were interested in converting a large number of surface parking lots and underutilized buildings into a residential neighborhood conveniently located close to many downtown attractions. Their plan was to construct a total of approximately 260 townhouse residential units within that area bounded on the west by Fourth Street, on the north by Long Street on the east by Grant Street and on the south by Gay Street (the "Gay Street Condominium area"). Edwards submitted private development plans (2484 DR. E. - Gay Street Condominiums, Section 1, Phases 1, 2, & 3) to the City in late 2006 and construction of Section 1 began in 2007. The Edwards plan called for installation of privately funded landscaping and other decorative elements (the "private amenities") within the public rights-of-way. To accommodate the installation and continued maintenance of these amenities, the City entered into a Landscaping Permit and Maintenance Agreement (the "landscape agreement") with Gay Street Condominium, LLC.
Concurrent with development of the Edwards plan the City developed plans for the improvement of Gay Street from Front Street east to Cleveland Avenue (2426 DR. E). The City's plan called for the conversion of Gay Street from one-way traffic to two-way traffic and included the installation of publicly funded decorative medians, landscaping, irrigation systems and other decorative elements (the "public amenities"). The above referenced landscape agreement also included provisions for the private maintenance of these public amenities.
In late 2006 Edwards approached the City with a request that the City sell rights-of-way, including Young Street from Gay Street north to Elm Street, and narrow strips along the east side of Fourth Street and the north side of Gay Street, totaling 0.171 acres, to them to facilitate their residential development. Ordinance 0310-2007 authorized the sale of these excess rights-of-way to Gay Street Condominium, LLC, at no charge. One of the justifications for transferring at no charge was the acknowledgment by both parties that Gay Street Condominium, LLC was committed to dedicating 0.656 total acres of additional right-of-way within the Gay Street Condominium area to the City in exchange for the City's release of 0.236 acres of existing right-of-way within the Gay Street Condominium area.
As Section 1 construction progressed the City discovered portions of the new buildings including footers and architectural enhancements were being constructed within City right-of-way. Additional enhancements, including flower boxes, planters and signs also encroach into the City's right-of-way. The following legislation will authorize the Director of the Public Service Department to execute those documents, including, but not limited to permits, maintenance agreements and deeds, necessary to memorialize existing encroachments and to facilitate the continued residential redevelopment of the Gay Street Condominium area.
Emergency Justification: Sales of the condominium units in Section 1, Phases 1, 2 and 3, of the Gay Street Condominiums have exceeded all expectations. Gay Street Condominium, LLC has requested the City expedite those processes necessary to allow them to begin construction on Section 2 of their development in August of this year. The directors of the Development Department and the Public Service Department are in agreement with this request. The following legislation will authorize the Director of the Public Service Department to execute those documents, including, but not limited to permits, maintenance agreements and deeds, necessary to memorialize existing encroachments and to facilitate the start of construction on Section 2 of the Gay Street Condominiums as currently scheduled.
Title
To authorize the Director of the Public Service Department to execute those documents, including but not limited to permits, maintenance agreements and deeds needed to memorialize existing encroachments and to facilitate the continued residential redevelopment of the Gay Street Condominium area which is bounded on the west by Fourth Street, on the north by Long Street, on the east by Grant Avenue and on the south by Gay Street; to waive the Land Review Commission and the Competitive Bidding requirements of Columbus City Codes to the extent that they may apply to any transfers or sales contemplated by this ordinance; and to declare an emergency.
Body
WHEREAS, in 2002 the City of Columbus ("City") began aggressively encouraging the development of downtown housing; and
WHEREAS, the Edwards Companies ("Edwards") officially notified the City that they were interested in converting a large number of surface parking lots and underutilized buildings within an area bounded on the west by Fourth Street, on the north by Long Street, on the east by Grant Avenue and on the south by Gay Street into a residential neighborhood conveniently located close to many downtown attractions; and
WHEREAS, they submitted private development plans (2484 DR. E. - Gay Street Condominiums, Section 1, Phases 1, 2 and 3) to the City in late 2006 and construction of Section 1 began in 2007; and
WHEREAS, as Section 1 construction progressed it became apparent that portions of the new buildings including footers and architectural enhancements were constructed within City rights-of-way; and
WHEREAS, it is necessary to authorize the Director of the Public Service Department to execute those documents necessary to memorialize the existing encroachments; and
WHEREAS, sales of the condominium units in Section 1 have exceeded all expectations; and
WHEREAS, Gay Street Condominium, LLC is preparing to submit development plans for Section 2 of their Gay Street Condominium project; and
WHEREAS, Gay Street Condominium, LLC has requested the City expedite those processes necessary to allow them to begin construction on Section 2 of their development in August of this year; and
WHEREAS, the directors of the Development Department and the Public Service Department are in agreement with this request; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of Public Service to execute those documents, including but not limited to permits, maintenance agreements and deeds needed memorialize existing encroachments and to facilitate the continued residential redevelopment of the Gay Street Condominiums for the preservation of the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Public Service Department be and hereby is authorized to execute those agreements which will allow Gay Street Condominium, LLC, its successors and/or its assigns to install and maintain private amenities within public rights-of-way and which will require Gay Street Condominium, LLC, its successors and/or its assigns to maintain the publicly installed amenities within those public rights-of-way within the boundaries of the Gay Street Condominiums' area.
Section 2. That the Director of the Public Service Department be and hereby is authorized to grant encroachment easements to Gay Street Condominium, LLC that will memorialize the existence of those items, including but not limited to footers, planters, flower boxes and architectural enhancements within Section 1 and will allow additional encroachments as necessary to accommodate the residential development of the Gay Street Condominiums.
Section 3. That concurrent with construction of Section 2 of their development Gay Street Condominium, LLC will dedicate additional rights-of-way within the Section 2 boundaries to the City of Columbus in accordance with their site plan.
Section 4. That upon receipt of requests from Gay Street Condominium, LLC, and in accordance with its approved development plans, the Director of the Public Service Department be and is hereby authorized to execute those instruments prepared by the Department of Law, Real Estate Division, which will, subject to the retention of general utility easements, transfer specific portions of public right-of-way needed to facilitate their Gay Street Condominium development to them at no charge.
Section 5. That this Council has determined it is in the best interest of the City of Columbus to allow any rights-of-way transferred pursuant to this ordinance to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.25 with regards to any such transfers of right-of-way.
Section 6. That this Council has determined it is in the best interest of the City of Columbus to allow any rights-of-way transferred pursuant to this ordinance to be transferred without requiring a recommendation from the Land Review Commission and hereby waives the Land Review Commission provisions of Columbus City Codes (1959) Revised, Section 328.01 with regards to any such transfers.
Section 7. 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.