Explanation
Background: By Resolution Nos. 0121X-2025 and 0153X-2025, City Council, as the “organizational board of commissioners” pursuant to R.C. Chapter 349, previously approved a petition submitted by the Short North Alliance, Inc. (the “Developer”) and established the Short North New Community Authority (the “Authority”) and the Authority’s new community district (the “District”) for a pocket park covering a 0.021-acre portion of Franklin County Tax Parcel ID No. 010-057234 (the “Initial Property”). To increase participation in the Authority’s new community development program, the Developer desires to add properties to the 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 July 18, 2025, the Developer submitted to the Clerk of Council the Consents to add the Additional Properties to the District. City Council, by Resolution No. 0179X-2025 adopted on July 28, 2025, determined the sufficiency of the Consents and set a public hearing date on the Consents, which was held on August 22, 2025. This resolution certifies that the public hearing was held in compliance with the requirements of R.C. Chapter 349. Therefore, this resolution also: authorizes the expansion of and defines the boundaries of the District by adding the Additional Properties to the Initial Property; expresses City Council’s authorization that the Consents are approved and will be conducive to the public health, safety, convenience, and welfare; and declares that the Additional Properties are intended to result in the development of a new community without jeopardizing the plan of the new community. This resolution will also appoint a replacement citizen member for the remainder of the vacated, unexpired term.
Emergency Justification: Emergency action is requested in order to facilitate the expansion of the District to include the Additional Properties that are immediately conducive to the Authority being able to implement the community development charges for the new community development program.
Fiscal Impact: No funding is required for this legislation.
Title
To approve the consents to add property to the Short North New Community Authority’s new community district under R.C. Chapter 349; to authorize the expansion of such district and define the boundary of the district to include those properties identified in the consents; to certify compliance of the required public hearing on the consents to add property to such district; to appoint a replacement citizen member to the Authority’s board of trustees; and to declare an emergency. ($0.00)
Body
WHEREAS, pursuant to Ohio Revised Code (“R.C.”) Chapter 349, on May 13, 2025, the Short North Alliance, Inc. (the “Developer”) filed a petition (the “Petition”) for the establishment of the Short North New Community Authority (the “Authority”) with the Clerk of City Council; and
WHEREAS, this Council, as the “organizational board of commissioners” as that term is defined in R.C. Section 349.01(F), adopted Resolution No. 0121X-2025 on May 19, 2025, and determined that the Petition complied as to form and substance with the requirements of R.C. Section 349.03(A) and fixed the time and place for a hearing on the establishment of the Authority, which was held on June 12, 2025; and
WHEREAS, this Council adopted Resolution No. 0153X-2025 on June 23, 2025, and determined that the Authority and the Short North New Community District (the “District”) would be conducive to the public health, safety, convenience and welfare, and that they were intended to result in the development of a new community as described in R.C. Chapter 349, and declared the Authority organized as a body corporate and politic in the State of Ohio; and
WHEREAS, R.C. Section 349.03(B) authorizes this Council to add property to the District, with the consent of the owner of the property, so long as the Developer who submitted the Petition does not file a written objection; and
WHEREAS, pursuant to R.C. Section 349.03, on July 18, 2025, the Developer submitted to the Clerk of City Council the written consents (the “Consents”) authorized by additional property owners within and around the Short North Arts District to add their properties to the District (the “Additional Properties” as depicted on Exhibit A attached hereto) to increase participation in the Authority’s new community development program; and
WHEREAS, this Council, as the organizational board of commissioners, adopted Resolution No. 0179X-2025 on July 28, 2025, determined that the Consents complied as to form and substance with the requirements of R.C. Section 349.03(B) and fixed the time and place for a hearing on the expansion of the District, which was held on August 22, 2025; and
WHEREAS, the Department of Development certifies to City Council that the public hearing was held as advertised as attested on the Certificate of Compliance with the Public Hearing Requirements attached hereto as Exhibit B (the “Certification”); and
WHEREAS, Resolution No. 0153X-2025 established an alternative form of selecting successor members to the Authority’s board of trustees that requires this Council from time to time to appoint replacement citizen and local government rep members when such members of the Authority’s board of trustees resign; and
WHEREAS, Maria Mercurio, CFO of the Franklin County Convention Facility Authority, was originally appointed as a citizen member of the Authority’s board of trustees to a term ending June 23, 2027 but resigned effective August 18, 2025;
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to add the Additional Properties to the District that are immediately conducive for the Authority to be able to implement the community development charges for the new community development program, all for the immediate preservation of the public health, peace, property, safety, and welfare; and NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That this Council finds and determines that it is the “organizational board of commissioners” of the Authority for all purposes of R.C. Chapter 349.
SECTION 2. That this Council further finds and determines that the owners of the Additional Properties have consented to the inclusion of the Additional Properties in the District, and the Developer, as statutory developer of the Authority that signed the Petition, has not filed any written objections with the Clerk of City Council.
SECTION 3. That this Council approves and accepts the Consents, and the Consents shall be recorded, along with this Resolution, in the journal of this Council, pursuant to R.C. Section 349.
SECTION 4. That this Council finds and determines pursuant to R.C. Section 349.03 that the expansion of the District to include the Additional Properties: will be conducive to the public health, safety, convenience and welfare; will be consistent with the development of the Authority’s “new community,” as described in R.C. Section 349.01(A); will not jeopardize the plan of that new community; and is intended to result in the development of the new community.
SECTION 5. That this Council defines the boundaries of the District to now also include the Additional Properties described in the Consents as well as those initially described in the Petition as altogether collectively depicted on Exhibit A attached hereto.
SECTION 6. That this Council finds and determines that the public hearing was held as advertised as attested by the Department of Development on the Certification.
SECTION 7. That Ryan Aiello, Partner, Dinsmore & Shohl, is hereby appointed, as a citizen member to represent the interests of the Franklin County Convention Facilities Authority (FCCFA), to the remainder of the vacated, unexpired term, such appointment beginning on the effective date of this resolution and expiring on June 23, 2027; the above-named person shall serve until a successor is appointed or until death, resignation, or removal for cause as determined by this Council and the member appointed herein shall serve without compensation.
SECTION 8. 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.