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”). The Developer desires for the City to establish a new community authority and new community district pursuant to Ohio Revised Code (“R.C.”) Chapter 349 at first over the Initial Property, and then to add through subsequent legislation additional territory owned or controlled by the Developer or other eligible persons (the “Additional Properties”) to the new community district. The purposes of the new community development program will be to collect community development charges from the Initial Property and Additional Properties to support the provision of community services already provided by the Developer but to also allow for activities related to land acquisition, land development, and community facilities within and without the community development district around the Short North neighborhood. On or about May 13, 2025, the Petition for the Establishment of the Short North New Community Authority under Ohio Revised Code Chapter 349 (the “Petition”) was filed by the Developer with the Clerk of City Council. By this resolution, City Council, as the organizational board of commissions described and required by R.C. Chapter 349, will determine the sufficiency of the Petition and set a public hearing date on the Petition. Furthermore by this resolution, Council authorizes the Director, or his or her authorized designee, to hold the required hearing and to forthwith certify to Council that the hearing was held as advertised.
Emergency Justification: Emergency action is requested in order to facilitate the development of a new community district within the Short North neighborhood of the City and 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 Petition was filed in accordance with R.C. Chapter 349.
Fiscal Impact: No funding is required for this legislation.
Title
To determine that the petition to establish the Short North New Community Authority 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 petition; and to authorize the notice of such public hearing by publication in a newspaper; and to declare an emergency.
Body
WHEREAS, Short North Alliance, Inc. (the “Developer”) and Warren & High LLC 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”) as depicted on Exhibit A attached hereto; and
WHEREAS, pursuant to Ohio Revised Code (“R.C.”) Chapter 349, the Developer plans to develop a new community district located within the municipal corporate boundaries of the City of Columbus, Ohio (a municipal corporation, hereafter, the “City”) at first on the Initial Property, and then by adding additional territory owned or controlled by the Developer or other eligible persons, as such additional territory may be within (or around) the area depicted with the green line on Exhibit A attached hereto, for the purpose of developing new community facilities, maintaining existing facilities, and providing services necessary to meet the current and future development needs of the Short North neighborhood of the City; and
WHEREAS, on or about May 13, 2025 the Developer has filed with the Clerk of City Council , pursuant to R.C. Section 349.03, a Petition for Establishment of the Short North New Community Authority under Ohio Revised Code Chapter 349 (the “Petition”); and
WHEREAS, the Short North New Community District, as described in the Petition and attached hereto as Exhibit A, is located entirely within the municipal corporate boundaries of the City, and City Council, as the legislative authority of the City, is therefore the organizational board of commissioners for purposes of this Petition in accordance with R.C. Chapter 349; and
WHEREAS, City Council has reviewed the Petition, and by this resolution desires to legislatively determine, pursuant to R.C. Section 349.03, that the Petition 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 Petition; and further pursuant to R.C. Section 349.03, authorize the notice by publication of the hearing on the Petition; and
WHEREAS, City Council authorizes the Director of the Department of Development, or his or her authorized designee, to hold the hearing required by R.C. Section 349.03 and to forthwith certify in writing to Council that the hearing was held as advertised; 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 Petition in order to facilitate the development of the Short North New Community District and 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 Petition was filed in accordance with R.C. Chapter 349, all for the immediate 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 Short North New Community Authority described in the Petition 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 Petition and finds and determines that the Petition 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 on the Petition on June 12, 2025 at the City’s Michael B. Coleman Government Center’s parking garage conference room located at 141 N. Front Street, Columbus, Ohio 43215, at 10:30 a.m., and this Council hereby authorizes each of the City Attorney, the Clerk of Council, and the City Director 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), and the Director shall certify to Council in writing that the hearing was held as advertised.
SECTION 4. Dissolution. Pursuant to R.C. Section 349.14, this Council, as the organizational board of commissioners of the Short North New Community Authority, approves of the alternative dissolution method of the Short North New Community Authority as described in the Petition; provided that in accordance with the Petition, subsequent legislation concurring with the dissolution is also approved by this Council at such appropriate time.
SECTION 5. Effective Date. 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.