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File #: 0416-2010    Version: 1
Type: Ordinance Status: Passed
File created: 3/5/2010 In control: Zoning Committee
On agenda: 4/5/2010 Final action: 4/6/2010
Title: To amend Ordinance #1964-2005, passed on January 23, 2006 (CV04-044), for the property located 435 WEST TOWN STREET (43215), by amending Section 4 to extend a deadline for recording a public easement for pedestrian and vehicular access on Lucas Street between Town and Rich Streets. (CV04-044A)
Attachments: 1. ORD0416-2010attachments.pdf, 2. City Council Data Form_CV04-044A.pdf
Explanation
 
COUNCIL VARIANCE AMENDMENT:  CV04-044A
 
Ordinance #1964-2005, passed January 23, 2006 (CV04-044), allowed renovation of buildings on multiple parcels to develop a maximum of 134 multi-family dwelling units in conjunction with restaurant, theater and office uses that are permitted in the M, Manufacturing District.  One of the features of the approved project is the vacation of  Lucas Street between Town and Rich Streets.  During negotiations between Staff and the applicant, Staff requested language to ensure that if this project is not developed, the public would still have access to Lucas Street between Town and Rich Streets.  The applicant has not been able to comply with this condition.  This ordinance will extend the proposed deadline for recording a public easement for pedestrian and vehicular access on Lucas Street between Town and Rich Streets for another four years.  No other provision of the ordinance will change.
 
CITY DEPARTMENTS' RECOMMENDATION:   Approval.
 
 
 
Title
 
To amend Ordinance #1964-2005, passed on January 23, 2006 (CV04-044), for the property located 435 WEST TOWN STREET (43215), by amending Section 4 to extend a deadline for recording a public easement for pedestrian and vehicular access on Lucas Street between Town and Rich Streets. (CV04-044A)
 
 
 
Body
 
WHEREAS, Ordinance #1964-2005, passed on January 23, 2006 (CV04-044), allowed the construction of 134 multi-family dwelling units in conjunction with restaurant, theater and office uses with reduced development standards 435 WEST TOWN STREET (43215),  in the M, Manufacturing l District; and
 
WHEREAS, this ordinance will amend Ordinance #1964-2005 by extending the proposed deadline for recording a public easement for pedestrian and vehicular access on Lucas Street between Town and Rich Streets another four years; and
 
WHEREAS, all other development standards and commitments contained in Ordinance #1964-2005 are unchanged by this ordinance and will remain in effect, now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1.  That the existing Section 4 of Ordinance #1964-2005, passed on January 23, 2005 (CV04-044), be hereby repealed and replaced with a new Section 4 reading as follows:
 
SECTION 4.  That this ordinance is further conditioned on the applicant recording a public easement for pedestrian and vehicular access on Lucas Street between Town and Rich Streets if a certificate of occupancy is not issued for either "401 West Town Street" or "425 West Town Street" and the parking lot on Lucas Street is not constructed per the "PROPOSED SITE PLAN", prepared by Wandel and Schnell Architects Inc., dated January 13, 2006 and signed by Jeffrey L. Brown, attorney for the applicant.within four years of passage of this ordinance including the proposed entry gates shown on the north and south ends of Lucas Street on the aforementioned site plan.  
 
SECTION 2.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.