Explanation
Background: The City of Columbus, Ohio,("City") has acquired certain real property interests from TGM Worthington Green, Inc.("TGM") for the purpose of the FRA Hard Road Phase B Project #561001, a road widening and improvement project. By virtue of the City's action in acquiring said real property interests, the City has caused the remaining TGM real property to be non-conforming under the existing City zoning code relative to 'land to building ratios', 'building setback lines', and 'application of the zoning code subsequent to a catastrophic event', resulting in the imposition of undetermined present and future costs and expenses upon TGM. The purpose of this ordinance is to clarify the status of the remaining TGM real property as it relates to the City's existing zoning code, and to eliminate the undetermined TGM costs and expenses which arise as a direct result of the City's acquisition of certain TGM real property interests. Fiscal Impact: N/AEmergency Justification: The City, as part of the real property acquisition process, has filed an appropriation action in Franklin County Common Pleas Court to determine the value of the real property interests acquired from TGM for the FRA Hard Road Phase B Project. Integral to this court action is the potential costs and expenses imposed upon the remaining TGM real property by virtue of the City's acquisition. The City cannot settle this court action until the status of the TGM real property is determined. Therefore, it is in the best interest of the City to immediately pass this ordinance, thereby clearing the way to settle and terminate said court action.
Title
To authorize the Director, Department of Development, to execute an instrument prepared by the Real Estate Division, Department of Law, declaring that certain real property located on Hard Road and owned by TGM Worthington Green, Inc. is non-conforming but legal, and clarifying the status of said real property relative to the existing zoning regulations, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City") is in the process of widening and improving Hard Road; and
WHEREAS, as part of the Hard Road improvement the City found it necessary to acquire real property interests in certain real property owned by TGM Worthington Green, Inc. ("TGM"); and
WHEREAS, the City's acquisition of property rights from TGM has resulted in the residue real property being "non-conforming"; and
WHEREAS, classification of the TGM residue real property as "non-conforming" places said real property in direct conflict with the Columbus City Zoning Code relative to the issues of 'land to building ratios', 'building setback lines', and 'application of the existing zoning code subsequent to a catastrophic event'; and,
WHEREAS, "but for" the City's action of acquiring a portion of TGM's real property for a public roadway improvement, said real property would be classified as "conforming" as that term relates to the Columbus City Zoning Code; and,
WHEREAS, the Columbus City Zoning Code does not expressly state that real property may be "non-conforming" but legal (i.e. "non-conforming and legal" or "legally non-conforming"); and
WHEREAS, the City of Columbus, on November 12, 2002, filed an eminent domain appropriation action against TGM for the purpose of appropriating a certain portion of TGM's real property; and,
WHEREAS, settlement of said appropriation action is inextricably connected to rectifying the foregoing described conflict between TGM's "non-conforming but legal" residue real property and the Columbus City Zoning Code; and,
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, Ohio in that it is immediately necessary to authorized the Director, Department of Development, to execute an instrument prepared by the Real Estate Division, Department of Law, certifying that the TGM Worthington Green, Inc. residue real property located on Hard Road is "non-conforming but legal" (i.e. "non-conforming and legal", or "legally non-conforming"), and clarifying the status of said real property relative to the existing Columbus City Zoning Code, for the immediate 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, Department of Development, is hereby authorized to execute an instrument prepared by the Real Estate Division, Department of Law, expressly certifying that the TGM Worthington Green, Inc. residue real property located on Hard Road is "non-conforming but legal" ("non-conforming and legal" or "legally non-conforming") as to the existing Columbus City Zoning Code, and also clarifying the status of said real property relative to the existing Columbus City Zoning Code.
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.