Explanation
Background: Pursuant to the Big Darby Accord Watershed Master Plan and Resolution 0216X-2008 adopted by City Council on April 20, 2009, three revenue generation sources were identified: tax increment financing (TIF), new community authority (NCA) development charges, and per unit developer contributions for Big Darby Accord public improvements and other regionally beneficial public improvements within the Big Darby Accord area (the “Big Darby Revenue Program”). Redwood Galloway Alton Darby Creek Road OH P1 LLC (the “Owner”) owns ±42.22 acres of property along the east side of Alton Darby Creek Road north of West Broad Street located at approximately 400 Alton Darby Creek Road and identified as tax parcel ID 470-318353 (the “Developer Property,”). Ordinance 2636-2022 passed by Council on October 10, 2022 rezoned the Developer Property to allow the Owner to cause a private investment of approximately $28.25 million to construct 217 multi-family single-story apartment homes.
Pursuant to Ordinance 1501-2023 passed by City Council on June 12, 2023, the City and the Owner entered into the Big Darby - Redwood Farms Development Agreement dated July 28, 2023 to outline the plans and respective commitments for the fulfillment of Big Darby Revenue Program. This includes adding the Developer Property to the “Big Darby West Broad Street NCA” established in accordance with the petition submitted by Crown Pointe LLC, and assigned to Metro Development, LLC, pursuant to Resolution 0060X-2021, Resolution 0242X-2021, and Ordinance 1291-2022. On October 2, 2023, an application for the Written Consent to Add Property to the Big Darby West Broad Street NCA (the “Consent”) was filed by the Owner with the Clerk of City Council. By this resolution, City Council, as the organizational board of commissions described and required by Chapter 349 of the Ohio Revised Code, will determine the sufficiency of the Consent, authorize a public notice, and set a public hearing date for the Consent.
Emergency Justification: Emergency action is requested and necessary in order to provide immediate authorization to 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 Consent was filed in accordance with Ohio Revise Code Chapter 349.
Fiscal Impact: No funding is required for this legislation.
Title
To determine that the application for the Written Consent to Add Property to the Big Darby West Broad Street NCA filed with the City Clerk by Redwood Galloway Alton Darby Creek Road OH P1 LLC 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 the consent; to authorize the notice of such public hearing by publication in a newspaper; and to declare an emergency.
Body
WHEREAS, Redwood Galloway Alton Darby Creek Road OH P1 LLC (the “Owner”) plans to cause the development of 217 multi-family single-story apartment homes on its ±42.22-acre site located along the east side of Alton Darby Creek Road north of West Broad Street and identified as tax parcel ID 470-318353 (the “Developer Property”) within the municipal corporate boundaries of the City of Columbus, Ohio (a municipal corporation, hereafter, the “City”) pursuant to Ordinance 2636-2022 rezoning the Developer Property; and
WHEREAS, Ordinance 1501-2023 authorized the City and the Owner to enter into the Big Darby - Redwood Development Agreement dated July 28, 2023 (the “Big Darby Agreement”) to outline the plans and respective commitments of the Developer Property to fulfill the “Big Darby Revenue Program” requirements required by Resolution 0216X-2008; and
WHEREAS, the Big Darby Revenue Program and the Big Darby Agreement require including the Developer Property in a new community district of a new community authority pursuant to Ohio Revised Code (“R.C.”) Chapter 349; and
WHEREAS, on April 7, 2021, Crown Pointe LLC (since assigned and assumed by Metro Development, LLC pursuant to Ordinance 1291-2022, the “Developer”) submitted to the Clerk of the Council of the City (“Council”), pursuant to R.C. Section 349.03, a Petition for Establishment of the Big Darby West Broad Street New Community Authority under R.C. Chapter 349 (the “Petition”); and
WHEREAS, the “Big Darby West Broad Street New Community District,” as described in the Petition, is located entirely within the municipal corporate boundaries of the City and this Council, as the legislative authority of the City, is therefore the organizational board of commissioners for purposes of the Petition in accordance with R.C. Chapter 349; and
WHEREAS, on April 26, 2021, pursuant to R.C. Section 349.03, Council adopted Resolution 0060X-2021, which determined that the Petition is sufficient and complies with the requirements of R.C. Section 349.03 in form and substance; and
WHEREAS, pursuant to Resolution 0242X-2021 adopted by Council on December 13, 2021, a new community authority with the corporate name designated in the Petition (such name being, the “Big Darby West Broad Street New Community Authority”) was organized as a body politic and corporate, and the boundaries of the Big Darby West Broad Street New Community District were made consistent with the boundaries described in the Petition encompassing the property owned by Crown Pointe LLC; and
WHEREAS, on September 9, 2022, applications for the Written Consent to Add Property to the Big Darby West Broad Street NCA (the “Applications”) were filed by GMT Property Holdings LLC, Rock Capital Holdings LLC, and Darby Crossing Apartments LP with the Clerk of Council; and
WHEREAS, City Council adopted Resolution 0182X-2022 and Resolution 0226X-2022 to approve the sufficiency of the Applications, notice the public and hold a hearing on the Applications, and to add the property thereunder to the Big Darby West Broad Street New Community District; and
WHEREAS, on October 2, 2023, another application for the Written Consent to Add Property to the Big Darby West Broad Street NCA (the “Consent”) was filed by the Owner with the Clerk of Council; and
WHEREAS, this Council has reviewed the Consent, and by this resolution desires to legislatively determine, pursuant to R.C. Section 349.03, that the Consent complies with the requirements of that section as to form and substance; pursuant to R.C. Section 349.03, to set the time and place of a hearing on the Consent; and further pursuant to R.C. Section 349.03, authorize the notice by publication of the hearing on the Consent; 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 described herein regarding the sufficiency of the Consent 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 Consent was filed in accordance with R.C. Chapter 349 all for the preservation of the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT RESOLVED by the Council of the City of Columbus that:
SECTION 1. Organizational Board of Commissioners. This Council hereby acknowledges and determines that, pursuant to R.C. Section 349.01(F)(3), it is the “organizational board of commissioners” of the Big Darby West Broad Street New Community Authority for all purposes of R.C. Chapter 349.
SECTION 2. Petition’s Sufficiency and Compliance with R.C. Section 349.03. This Council has examined the Consent and finds and determines that the Consent is sufficient and complies with the requirements of R.C. Section 349.03 in form and substance.
SECTION 3. Time and Place of Hearing. Pursuant to R.C. Section 349.03, this Council hereby determines to hold a hearing about the Consent on November 8, 2023 at 1:30 p.m. in the offices of the City Department of Development, 111 N. Front Street, Columbus, Ohio 43215, and this Council hereby authorizes each of the City Attorney, the Clerk of Council, and the City Director of the Department of Development, or any of them individually, to cause notice of the hearing to be published once a week for three consecutive weeks, or as provided in R.C. Section 7.16, in a newspaper of general circulation within Franklin County, Ohio, pursuant to R.C. Section 349.03(A).
SECTION 4. Effective Date. 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.