Explanation
This legislation authorizes the Transportation Division to reimburse $55,592.95 to T & R Gender LLC for costs associated with the signal construction at the intersection of Gender Road and Upperridge Drive. Ordinance No. 0577-2002 passed on April 29, 2002 rezoned 3510 Gender Road from Apartment Residential District (AR-12) to Commercial Planned Development District (CPD). The companion zoning application Z02-017 proposes to construct a shopping center anchored with a 65,000 square foot grocery store along with smaller retail stores. Among several roadway improvements identified by the traffic impact study is the signalization of the main driveway opposite Upperridge Drive. The zoning text commits the developer, T&R Gender LLC, to pay for 50% of the installation and annual maintenance costs of a traffic signal when warranted. The City of Columbus is responsible for the other 50% of the installation cost.
FISCAL IMPACT: The Transportation Division budgeted $60,000.00 in the 2004 Capital Improvements Budget for this reimbursement within the Roadway Improvements project. This ordinance authorizes an expenditure of $55,592.95.
Emergency action is requested to reimburse the amount owed to the developer in a timely manner to comply with the spirit of the City's zoning text commitment.
Title
To authorize the Public Service Director to make payment to T&R Gender LLC for the reimbursement of construction costs for the traffic signal at the intersection of Gender Road and Upperridge Drive for the Transportation Division; to authorize the expenditure of $55,592.95 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($55,592.95)
Body
WHEREAS, Ordinance 0577-2002 was passed on April 29, 2002 to rezone 3510 Gender Road from Apartment Residential District (AR-12) to Commercial Planned Development District (CPD); and
WHEREAS, the companion zoning application Z02-017 proposed to construct a shopping center anchored with a 65,000 square foot grocery store along with smaller retail stores; and
WHEREAS, the traffic impact study recommended the signalization of the main driveway opposite Upperridge Drive; and
WHEREAS, Ordinance 0577-2002 requires that applicant T&R Gender LLC enter into an agreement with the City of Columbus to pay for fifty percent (50%) of the installation and annual maintenance costs of a traffic signal at an access point in general alignment with Upperridge Drive; and
WHEREAS, the City will enter into an agreement with to pay T&R Gender LLC for fifty percent (50%) of the construction costs; and
WHEREAS, the signal has been installed and was activated on October 16, 2003; and.
WHEREAS, it is now necessary for the City to authorize the expenditure of an $55,592.95 for reimbursements in connection with the final construction of the signal installation; and
WHEREAS, an emergency exists in the usual daily operation of the Transportation Division, Public Service Department, in that is immediately necessary to provide for timely reimbursement of these costs to the developer to comply with the spirit of the City's zoning text agreement, thereby preserving 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 Public Service Director be and hereby is authorized to reimburse T&R Gender LLC, 3895 Stoneridge Lane, Dublin Ohio 43017, for the Transportation Division in accordance with the terms of the agreement being developed for this purpose.
SECTION 2. That for the purpose of paying the cost of said reimbursement, the sum of $55,592.95, or so much thereof as may be needed be and hereby is authorized to be expended from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530161.
SECTION 3. 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.