Explanation
Background: The Short North Alliance, Inc. (the “Developer”) is an Ohio non-profit corporation serving both the property owners and business owners of the Short North Arts District and surrounding area to nurture commercial corridors as vibrant, creative, and inclusive communities and leading arts destinations. Warren & High LLC and the Developer entered into a 75-year ground lease dated as of April 25, 2025 for a pocket park covering a 0.021-acre portion of Franklin County Tax Parcel ID No. 010-057234 (the “Initial Property”). By Resolution Nos. 0121X-2025 and 0153X-2025, City Council, as the “organizational board of commissioners” pursuant to R.C Chapter 349, previously established the Short North New Community Authority and the Short North New Community District over the Initial Property. The Developer desires to add properties to the Short North New Community District pursuant to R.C. Section 349.03 via written consents (the “Consents”) authorized by additional property owners within and around the Short North Arts District (the “Additional Properties”). On or about July 18, 2025, the Developer submitted to the Clerk of Council the Consents to add the Additional Properties to the Short North New Community District. By this Resolution, City Council, as the organizational board of commissioners described and required by R.C. Chapter 349, will determine the sufficiency of the Consents, set a public hearing date on the Consents, and authorize notices for such hearing. Furthermore by this resolution, City Council authorizes the Director of the Department of Development, or his or her authorized designee, to hold the required hearing and to forthwith certify to City Council that the hearing was held as advertised.
Emergency Justification: An emergency exists in the usual daily operation of the Department of Development that in order to provide notice in a newspaper for three consecutive weeks prior to a public hearing and set the public hearing date within 30-45 days of the date after the Consents were filed in accordance with R.C. Chapter 349 to allow for the addition of properties to the Short North New Community District.
Fiscal Impact: No funding is required for this legislation.
Title
To determine that the collective and respective Written Consent to Add Property to the Short North New Community Authority that provides for the addition of certain property owned or controlled by additional property owners in and around the Short North Arts District to the Short North New Community District is sufficient and complies with the requirements of Chapter 349 of the Ohio Revised Code; to set the time and place for a public hearing on such consent(s); to authorize the notice of such public hearing by publication in a newspaper for three consecutive weeks; and to declare an emergency. ($0.00)
Body
WHEREAS, pursuant to Ohio Revised Code (“R.C.”) Chapter 349, on May 13, 2025, a petition (the “Petition”) for the establishment of the Short North New Community Authority (the “Authority”) was filed with the Clerk of Council by the Short North Alliance, Inc. in its capacity as statutory developer of the Authority under R.C. Section 349.01(E) (the “Developer”); and
WHEREAS, City Council, as the “organizational board of commissioners” within the meaning of R.C. Section 349.01(F)(3), adopted Resolution No. 0121X-2025 to determine that the Petition complied as to form and substance with the requirements of R.C. Section 349.03(A), fixed the time and place for a hearing on the establishment of the Authority, and authorized notices for such hearing, which was held on June 12, 2025; and
WHEREAS, City Council adopted Resolution No. 0153X-2025 to certify the public hearing was properly conducted, to determine that the Authority and its new community district (the “District”) would be conducive to the public health, safety, convenience and welfare and that it was intended to result in the development of a new community as described in R.C. Chapter 349 of, and to declare the Authority is organized as a body corporate and politic in the State of Ohio; and
WHEREAS, the Petition describes the initial boundaries of the District and allows for the addition of property to the territory of the District from time to time pursuant to R.C. Section 349.03(B); and
WHEREAS, the owners and persons controlling territory through leases of at least forty (40) years’ duration, options, or contracts to purchase listed and depicted on Exhibit A attached hereto and incorporated herein by reference (collectively, the “Additional Properties”) authorized written consents (the “Consents”) to be filed by and with the written consent of the Developer to the Clerk of Council on or about July 18, 2025 to request that the Additional Properties be added to the District under R.C. Section 349.03(B); and
WHEREAS, by also signing the Consents, the Developer acknowledged and agreed that the Developer has not filed a written objection with the Clerk of Council with respect to the Consents and represented and warranted to City Council that it shall not file any such written objection; and
WHEREAS, pursuant to R.C. Section 349.03(A), City Council, as the organizational board of commissioners for the Consents, will determine the Consents are sufficient and in compliance with the required statutory requirements, and herein will fix a time and place for a public hearing on the Consents and cause notice of such hearing as required by statute; and
WHEREAS, pursuant to R.C. Section 349.03(A), City Council, as the organizational board of commissioners for the Consents, is permitted at any time to amend the Consents in form and substance to conform to the facts by correcting any errors in the description of the proposed new community district or in any other particular; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to make the legislative determinations regarding the sufficiency of the Consents in order to provide notice in a newspaper for three weeks prior to a public hearing and set the public hearing date within 30-45 days of the date after the Consents were filed in accordance with the requirements of R.C. Chapter 349, all for the immediate preservation of the public health, peace, property, safety, and welfare of the City; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Sufficiency of Consents. That this Council acknowledges and determines that it is the “organizational board of commissioners” for all purposes of Chapter 349 of the Ohio Revised Code; that this Council has examined the Consents and finds and determines that the Consents comply with the requirements of Section 349.03 of the Ohio Revised Code as to form and substance.
SECTION 2. City-Owned Property. That this Council approves and authorizes the Director of the Department of Development, or his or her designee, to endorse and file Consents to add certain City-owned property to the District as one of the Additional Properties; hereby ratifies all prior Consents filed on behalf of such City-authorized representatives following their endorsement; and consents to the inclusion of that certain City-owned property. As the organizational board of commissioners, this Council finds and determines that such Consents for City-owned property are sufficient and comply with the requirements of Section 349.03(B) of the Ohio Revised Code as to form and substance.
SECTION 3. Amended Consents Petition. That the zoning map for the Additional Properties and the District included under the cover letter from the Developer for the Consents filed with the Clerk of Council is hereby amended in form and substance to conform to the facts by identifying other Additional Properties of the District that were included in the Consents and to identify the zoning for such other Additional Properties and the District including adjacent zoning thereto. The Consents will be amended such that the “Zoning Map” referenced in any Exhibit C of the Consents shall now reference Exhibit C to this Ordinance instead; such zoning map originally attached and filed with the cover letter and the Consents is hereby repealed and replaced with Exhibit C attached hereto.
SECTION 4. Time and Place of Hearing. That the Director of the Department of Development, or his or her duly authorized representative, shall hold a public hearing on the Consents to expand the District to include the Additional Properties, and such hearing shall be held at 2:00 p.m. on August 21, 2025, in the Michael B. Coleman Government Center’s Parking Garage Conference Room, 141 N. Front Street, Columbus, Ohio 43215. That the Director of the Department of Development, or his or her duly authorized representative, shall certify to City Council in writing that the hearing was held as advertised.
SECTION 5. Notices. That the City Attorney, City Clerk, the Director of the Department of Development, or any of them individually, shall arrange for notice of the public hearing by publication once each week for three consecutive weeks in a newspaper of general circulation in Franklin County pursuant to Section 349.03(A) of the Ohio Revised Code; provided that each such publication shall appear prior to the public hearing described in Section 4 hereof.
SECTION 6. Effective Date. That for the reasons stated in the Preamble hereto, which is hereby made a part hereof, this Resolution 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 the passage if the Mayor neither approves nor vetoes the same.