Explanation
Background:
Silver Development and Construction, LTD (“Developer”) is the prospective owner/developer of approximately 142.5± acres of property located at 7642 Hayden Run Road (the “Subject Property”). The Subject Property was annexed into the City of Columbus pursuant to Ordinance No. 2634-2024, adopted by Columbus City Council on October 21, 2024. An application to rezone the Subject Property (Rezoning Application #Z24-038) was approved by the Development Commission in May 2025, and is currently pending approval by Columbus City Council. The Subject Property is located within the Hayden Run corridor and is subject to Columbus Pay As We Grow (PAWG) program requirements for the Northwest PAWG area (the “Northwest PAWG”).
In following the City's Northwest PAWG policy to generate revenue that will pay for regional improvements, the Developer shall: 1) support the inclusion of the Subject Property within one or more Tax Increment Financing (TIF) Districts to be established by the City in accordance with Ohio Revised Code (“R.C.”) 5709.40; 2) make one-time per unit contributions of up to $1,700 for an estimated 1,227 residential units constructed, which may be reduced for credit given to account for land conveyances and regional improvements; and 3) take all necessary steps to establish the Hayden Place Community Development District in accordance with R.C. Chapter 349 (the “Authority”). The Developer shall encumber the Subject Property with a Declaration of Covenants and Restrictions (the “Declaration”) for the District that shall require each current and future owner of all or any portion of the Subject Property to pay an annual Community Development Charge, as such term is defined in Section 349.01 of the Ohio Revised Code, to the Authority in an amount of no less than 0.004 multiplied by the "Assessed Value" of such property for a minimum period of twenty (20) years commencing one (1) year after the date of completion of the construction of each residential structure (as evidenced by a Certificate of Occupancy). Within ninety days of the execution of the Pay as We Grow Agreement, the Developer will take all necessary steps to establish the Authority, including, without limitation, filing a petition with the Clerk of Council.
This legislation authorizes the Director of the Department of Development to enter into a Pay As We Grow Agreement (“PAWG Agreement”) with the Developer outlining the plans and respective commitments of the City and Developer for the fulfillment of Northwest PAWG requirements as it relates to the Subject Property.
Fiscal Impact: No funding is required for this legislation.
Title
To authorize the Director of the Department of Development to enter into a Pay As We Grow Agreement with Silver Development and Construction, LTD for fulfillment of Pay As We Grow requirements for property located at 7642 Hayden Run Road, subject to Rezoning Application # Z24-038. ($0.00)
Body
WHEREAS, Silver Development and Construction, LTD (the “Developer”) is the prospective owner/developer of approximately 142.5± acres of property located at 7642 Hayden Run Road (the “Subject Property”); and
WHEREAS, an application to rezone the Subject Property (Rezoning Application #Z24-038) was approved by the Development Commission in May 2025 and is pending Columbus City Council approval; and
WHEREAS, the Subject Property is situated within the Hayden Run corridor and subject to Columbus Pay As We Grow (PAWG) program requirements for the Northwest PAWG area (the “Northwest PAWG”); and
WHEREAS, the purpose of the PAWG program is to align sufficient, satisfactory regional improvements with planned and balanced development in the City’s PAWG areas; and
WHEREAS, the City and the Developer desire to enter into a Pay As We Grow Agreement (“PAWG Agreement”) for fulfillment of Pay as We Grow requirements in the Northwest PAWG area; and
WHEREAS, the City and the Developer agree that the Developer’s participation in the Northwest Pay As We Grow program will assist and benefit the City in planning, designing, and constructing regionally beneficial improvements in the northwest quadrant of Franklin County; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Development or his or her designee (the “Director”), on behalf of the City, is hereby authorized to enter into a Pay As We Grow Agreement with Silver Development and Construction, LTD or subsequent owners (the “PAWG Agreement”), along with any changes or amendments thereto not inconsistent with this Ordinance and not substantially adverse to the City and which shall be approved by the Director and the City Attorney, provided that the approval of such changes and amendments thereto, and the character of those changes and amendments not being substantially adverse to the City, shall be evidenced conclusively by the execution and delivery of the Amendment. The PAWG Agreement shall include Developer commitments to: 1) support the inclusion of the Subject Property within one or more Tax Increment Financing (TIF) Districts to be established by the City in accordance with Ohio Revised Code (“R.C.”) 5709.40; 2) make one-time per unit contributions of up to $1,700 for an estimated 1,227 units constructed, which may be reduced for credit given to account for land conveyances and regional improvements; and 3) take all necessary steps to establish the Hayden Place Community Development District in accordance with R.C. Chapter 349 (the “Authority”). The Developer shall encumber the Subject Property with a Declaration of Covenants and Restrictions (the “Declaration”) for the District that shall require each current and future owner of all or any portion of the Subject Property to pay an annual Community Development Charge, as such term is defined in Section 349.01 of the Ohio Revised Code, to the Authority in an amount of no less than 0.004 multiplied by the "Assessed Value" of such property for a minimum period of twenty (20) years commencing one (1) year after the date of completion of the construction of each residential structure (as evidenced by a Certificate of Occupancy). Within ninety days of the execution of the Pay as We Grow Agreement, the Developer will take all necessary steps to establish the Authority, including, without limitation, filing a petition with the Clerk of Council
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.