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File #: 2076-2013    Version: 1
Type: Ordinance Status: Passed
File created: 8/26/2013 In control: Development Committee
On agenda: 9/16/2013 Final action: 9/19/2013
Title: To authorize and direct the Director of the Department of Development to enter into an Agreement of Understanding and Access with The Annex at River South II, Ltd. in conjunction with a Clean Ohio Brownfield Fund grant application for the environmental cleanup and demolition of The Trautman and The HUB Buildings at 203-213 and 221 South High Street in Downtown Columbus and to authorize the application to the State of Ohio for a Clean Ohio Brownfield Fund grant of up to $1,000,000.00 for asbestos and universal waste abatement, demolition, infrastructure improvements, and other eligible program expenses at the project site; and to declare an emergency.
Explanation
 
BACKGROUND: The purpose of this legislation is to authorize the Director of the Department of Development to enter into an Agreement of Understanding and Access with The Annex at River South II, Ltd. and to file an application with the State of Ohio to participate in the Clean Ohio Brownfield Fund (Program). The application would support the environmental cleanup and demolition of The Trautman and The HUB Buildings at 203-213 and 221 South High Street, respectively, in Downtown Columbus.
 
The 0.538 acre project property consists of a five-story structure with an attached one-story wing, an attached-three story wing and a detached three-story auxiliary structure located at 203-213 S. High Street ("The Trautman Building"), as well as an adjacent three-story structure located at 221 S. High Street ("The HUB Building"). The Trautman Building has been utilized for a wide array of commercial purposes dating back to the late 1800's, including an opera house and printing shop in the basement of the structure. Similarly, The HUB Building has been utilized for varying commercial purposes, including a bank, retail shops and office space.
 
Records show that the two main structures on the project property have been separately owned by a series of individuals and real estate companies for the majority of their existence. The HUB Building was purchased by the Columbus Downtown Development Corporation ("CDDC") in December 2006, followed by The Trautman Building, which was purchased by CDDC in May 2007. On May 14, 2013, the project property was purchased by The Annex at River South II, Ltd., an affiliate of Lifestyle Communities, Ltd.  Planned environmental cleanup activities for the project property include universal waste abatement, demolition of The Trautman Building, demolition of The HUB Building and any auxiliary structures, recycling of building products, infrastructure upgrades to prepare the site for development, and development of a new structure.
 
The current development design is for an eight-story, mid-rise mixed-use structure that will cover the entire 0.538 acre site, LC RiverSouth Phase II.  The project will consist of 106 top quality apartments, street level retail space, and a partially subterranean parking garage. The building is configured in a "U" shape around a center courtyard which will open to Rich Street and feature more than five thousand square feet of outdoor urban green space. The Annex at River South II, Ltd. will invest approximately $20,900,000 in the project for property acquisition, site preparation and construction.
 
This legislation is submitted as an emergency to commence the Clean Ohio grant application process immediately to ensure meeting State of Ohio deadlines.
 
FISCAL IMPACT:  There are no costs to the City of Columbus associated with applying for a Clean Ohio Brownfield Fund grant.  If the application is approved, the City will receive a Clean Ohio Brownfield Fund grant from the Ohio Development Services Agency in an amount of up to $1,000,000.00 to apply toward asbestos and universal waste abatement, demolition, infrastructure improvements, and other eligible program expenses.
 
 
Title
 
To authorize and direct the Director of the Department of Development to enter into an Agreement of Understanding and Access with The Annex at River South II, Ltd. in conjunction with a Clean Ohio Brownfield Fund grant application for the environmental cleanup and demolition of The Trautman and The HUB Buildings at 203-213 and 221 South High Street in Downtown Columbus and to authorize the application to the State of Ohio for a Clean Ohio Brownfield Fund grant of up to $1,000,000.00 for asbestos and universal waste abatement, demolition, infrastructure improvements, and other eligible program expenses at the project site; and to declare an emergency.
 
 
Body
 
WHEREAS, the State of Ohio, through the Clean Ohio Council and the Ohio Development Services Agency, provides financial assistance to local governments for the purpose of addressing local needs related to environmental cleanup and redevelopment of contaminated or abandoned properties; and
 
WHEREAS, the Columbus Department of Development desires to participate in the Program to receive financial assistance for the LC RiverSouth Phase II project under the Clean Ohio Revitalization Fund; and
 
WHEREAS, the Columbus Department of Development has the authority to apply for financial assistance and to administer the amounts received from the State of Ohio, Clean Ohio Revitalization Fund; and
 
WHEREAS, the Council of the City of Columbus must direct and authorize the Director of the Columbus Department of Development to act in connection with the application and to provide such additional information as may be required; and
 
WHEREAS, Clean Ohio grant funding will greatly complement the efforts of the developer, The Annex at River South II, Ltd., as the company plans to invest approximately $20.9 million for property acquisition, site preparation and construction of 106 top quality apartments, street level retail space, and a partially subterranean parking garage in Downtown Columbus; and
 
WHEREAS, Clean Ohio grant funding could provide up to $1,000,000.00 in cleanup, demolition, infrastructure improvement costs, and other eligible program expenses; and
 
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus whereby it is immediately necessary to authorize the Director of the Columbus Department of Development to apply for Clean Ohio Brownfield Funding in order to commence the Clean Ohio grant process immediately to ensure meeting State deadlines, all for the preservation of 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 Columbus Department of Development is hereby authorized and directed to enter into an Agreement of Understanding and Access with The Annex at River South II, Ltd. in conjunction with a Clean Ohio Brownfield Fund grant application of up to $1,000,000.00 for environmental cleanup, infrastructure improvements, and demolition of The Trautman and The HUB Buildings at 203-213 and 221 South High Street in Downtown Columbus and is authorized and directed to apply to the State of Ohio for a Clean Ohio Brownfield Fund grant of up to $1,000,000.00 for environmental cleanup, demolition, infrastructure improvements, and other eligible program expenses at the project site.
 
Section 2.      That the Council of the City of Columbus authorizes the Director of the Columbus Department of Development to serve as the official representative of the City of Columbus application to participate in the Program, and provide all information and documentation required in said Application for the submission to the State of Ohio.
 
Section 3.      That the Columbus Department of Development hereby approves filing an application for financial assistance under the Clean Ohio Revitalization Fund.
Section 4.      That the Columbus Department of Development hereby understands and agrees that participation in the Program will require compliance with program guidelines and assurances.
 
Section 5.      That the Columbus Department of Development hereby commits itself to provide the match as described in the application.
 
Section 6.      That for 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.