Explanation
1. BACKGROUND: Ordinance 0911-2004, passed June 9, 2004, authorized the abandonment of Poplar Avenue east of High Street to Pearl Street as public right-of-way and transfer control of this asset from the Department of Public Service to the Columbus Recreation and Parks Department. The Recreation and Parks Department is currently engaged in requesting the creation of a tax parcel for this area so it can be recognized as a passive park, known as Poplar Park. The area was surveyed to create a new legal description for the parcel.
This legislation will specify those areas being identified as the “Park” exclusive of those portions of Poplar Avenue currently in the limited access right-of-way of Interstate Route 670. This legislation will also clarify the use of the term “abandon” or “abandoned” in Ordinance 0911-2004 as applied to the portion of Poplar Avenue right-of-way was intended to connote a release from motorized vehicular traffic, and not a vacation.
2. FISCAL IMPACT:
There is no expenditure associated with this Ordinance.
Title
To amend Ordinance 0911-2004 to clarify that the public right-of-way of Poplar Avenue east of High Street to Pearl Street was not vacated but instead was released from vehicular traffic and transferred from the Department of Public Service to the Recreation and Parks Department. ($0.00)
Body
WHEREAS, Ordinance 0911-2004, passed June 9, 2004, authorized the abandonment as public right-of-way of Poplar Avenue east of High Street to Pearl Street and the replacement of the right-of-way with an urban pedestrian mall to provide access to businesses fronting/adjoining Poplar Avenue, outdoor seating for patrons and employees of the Short North and High Street Cap thereby enhancing the aesthetic character of the neighborhood; and
WHEREAS, the Columbus Recreation and Parks Department is currently engaged the creation of a tax parcel for this area so the area can be recognized as a passive park, known as Poplar Park; and
WHEREAS, it is necessary to amend ordinance 0911-2004 to clarify that the Poplar Avenue right-of-way was released from motorized vehicular traffic, not vacated, so the Columbus Recreation and Parks Department can manage and control the area as “Poplar Park”; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Background of Ordinance 0911-2004, passed June 9, 2004, is hereby amended to be revised as follows, with deletions in strike through and additions in underline:
Prior to the start of the B-1 Phase of the I-670 construction, the B-1 Design Task Force requested that Poplar Avenue east of High Street to Pearl Street be abandoned as dedicated public right-of-way released from motorized vehicular traffic by the City of Columbus and that an urban pedestrian mall be constructed in place of this right-of-way for the purposes of providing pedestrian access to the business fronting/adjoining on Poplar Avenue, providing outdoor seating areas for patrons and employees of the Short North and High Street Cap businesses and enhancing the aesthetic character of the neighborhood. As a part of the I-670 work, vehicular access to Poplar Avenue was permanently closed off and the proposed urban pedestrian mall was constructed. The following legislation abandons that portion of Poplar Avenue releases a 0.161 acre portion of Poplar Avenue, as delineated on Exhibit “A”, from the east right-of-way line of North High Street to the west right-of-way line of Pearl Street as dedicated public right-of-way open to motorized vehicular traffic and authorizes the transfer of this asset from the Public Service Department to the Recreation and Parks Department as a passive park.
SECTION 2. That the Title of Ordinance 0911-2004, passed June 9, 2004, is hereby amended to be revised as follows, with deletions in strike through and additions in underline:
To abandon that release a 0.161 acre portion of Poplar Avenue from the east right-of-way line of North High Street to the west right-of-way line of Pearl Street as dedicated public right-of-way open to motorized vehicular traffic; and to authorize the transfer of this asset from the Public Service Department to the Recreation and Parks Department as a passive park.
SECTION 3. That the recitals of Ordinance 0911-2004, passed June 9, 2004, are hereby amended to be revised as follows, with deletions in strike through and additions in underline:
WHEREAS, prior to the start of the B-1 Phase of the I-670 construction, the B-1 Design Task Force requested that Poplar Avenue east of High Street to Pearl Street be abandoned as dedicated public right-of- way released from motorized vehicular traffic by the City; and
WHEREAS, the B-1 Design Task Force requested that an urban pedestrian mall be constructed in place of this dedicated public right-of-way for the purposes of providing pedestrian access to the business fronting on Poplar Avenue, providing outdoor seating areas for patrons and employees of the Short North and High Street Cap businesses and enhancing the aesthetic character of the neighborhood; and
WHEREAS, as a part of the I-670 work vehicular access to Poplar Avenue was permanently closed off and the proposed urban pedestrian mall was constructed; and
WHEREAS, the City of Columbus, Recreation and Parks Department, has agreed to accept this urban pedestrian mall use as a passive park from the Public Service Department; and
WHEREAS, the following legislation abandons releases that portion of Poplar Avenue from the east right-of-way line of North High Street to the west right-of-way line of Pearl Street as dedicated public right-of-way devoted to motorized vehicular traffic and authorizes the transfer of this asset from the Public Service Department to the Recreation and Parks Department; now, therefore
SECTION 4. That Section 1 of Ordinance 0911-2004, passed June 9, 2004, is hereby amended to be revised as follows, with deletions in strike through and additions in underline:
Section 1. That Poplar Avenue from the east right-of-way line of North High Street to the west right-of-way line of Pearl Street, being a 0.161 acre portion of Poplar Avenue, as delineated on Exhibit “A”, be and hereby is abandoned released as public right-of-way devoted to motorized vehicular traffic.
SECTION 5. That the existing Background, Title, Recitals, and Section 1 of Ordinance 0911-2004 are hereby repealed, and all other provisions within Ordinance 0911-2004 shall remain the same.
SECTION 6. That Poplar Avenue from the east right-of-way line of North High Street to the west right-of-way line of Pearl Street shall be converted to a passive park and the request that a tax parcel be issued from the Franklin County Auditor’s Office under the control of the Recreation and Parks Department to be known as Poplar Park.
SECTION 7. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s).
SECTION 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.