Explanation
Background: WESTBEND QOZB, LLC (the “Developer”), an affiliate of Thrive Companies LLC, and the City have entered into an Economic Development Agreement dated April 19, 2024, as amended by the First Amendment to Economic Development Agreement dated August 19, 2026, (together, the “EDA”) pursuant to Ordinance No. 1866-2023 passed by City Council on July 31, 2023 and Ordinance No. 1511-2026 passed by City Council on June 22, 2026. The Developer will develop, in multiple phases, the former Buckeye Auto Parts brownfield site consisting of approximately 50.28 acres of the real property bounded generally by McKinley Avenue and the New York Central Railroad to the south and west, the Scioto River to the east, and Lake Shore Drive to the north (“WestBend”). The City committed in the EDA to form a new community authority pursuant to R.C. Chapter 349 to support WestBend. On August 28, 2026, a Petition for the Organization of the WestBend Community Authority (the “Petition”) was submitted to the Clerk of City Council. City Council, by Resolution No. 0190X-2026, passed September 14, 2026, determined the sufficiency of the Petition, set a time and place for a public hearing on the Petition, which was held on September 29, 2026, and authorized notices thereof. This resolution approves the petition, establishes the WestBend Community Authority and its community development district, and certifies the public hearing was properly conducted.
Emergency Justification: Emergency action is requested to immediately establish the WestBend Community Authority as the Developer’s lender is requiring the Developer to close on the apartment financing before the end of the month but the lender will not close unless the City first establishes the WestBend Community Authority and without such financing the apartments may be delayed beyond the deadline in the EDA causing a loss of new housing units and construction jobs.
Fiscal Impact: No funding is required for this legislation.
Title
To declare that the establishment of the WestBend Community Authority will be conducive to the public safety, convenience, and welfare and is intended to result in the development of a new community; to declare the WestBend Community Authority to be organized as a body politic and corporate within the new community district; to define the boundary of the WestBend Community Authority’s new community district; to approve an alternative dissolution method of the WestBend Community Authority; to certify compliance of the requirements of the public hearing; and to declare an emergency. ($0.00)
Body
WHEREAS, WESTBEND QOZB, LLC (the “Developer”), an affiliate of Thrive Companies LLC, and the City entered into an Economic Development Agreement dated April 19, 2024, as amended by the First Amendment to Economic Development Agreement dated August 19, 2026, (together, the “EDA”) pursuant to Ordinance No. 1866-2023 passed by City Council on July 31, 2023 and Ordinance No. 1511-2026 passed by City Council on June 22, 2026; and
WHEREAS, the Developer has proposed to develop, in multiple phases, the former Buckeye Auto Parts brownfield site consisting of approximately 50.28 acres of the real property bounded generally by McKinley Avenue and the New York Central Railroad to the south and west, the Scioto River to the east, and Lake Shore Drive to the north (“WestBend”); and
WHEREAS, WestBend will consist of a mixed-use commercial and residential development of approximately 895 apartment units and up to 8,000 square feet of retail uses, together with about 17 acres of green space and bikeways; and
WHEREAS, to support the redevelopment of WestBend, the City agreed in the EDA to support the formation of a new community authority for the site (the “WestBend Community Authority”) for the purpose of the WestBend Community Authority imposing community development charges for its land acquisition and land development activities, to develop new community facilities, and to provide services to WestBend; and
WHEREAS, a Petition for the Organization of the WestBend Community Authority under R.C. Chapter 349 (the “Petition”) has been submitted by the Developer to the Clerk of City Council on August 28, 2026; and
WHEREAS, the WestBend Community Authority’s new community district (the “District”), as described in the Petition and in Exhibit A attached hereto, 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 September 14, 2026, this Council adopted its Resolution No. 0190X-2026, in which this Council 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 Revised Code Section 349.03, this Council held a public hearing on the Petition on September 29, 2026, notice of which was published as required in R.C. Section 349.03 or as provided in R.C. Section 7.16, and the date of which hearing is not less than thirty nor more than forty-five days after the filing date of the Petition; and
WHEREAS, the Department of Development certifies to this Council that the public hearing was held as advertised as attested on the Certificate of Compliance with the Public Hearing Requirements (the “Certification”), as attached hereto as Exhibit B; and
WHEREAS, this Council has determined that the Petition will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary for the City to fulfill its commitment under the EDA to establish the WestBend Community Authority as the Developer’s lender is requiring the Developer to close on the apartment financing before the end of the month but the lender will not close unless the City first establishes the WestBend Community Authority and without such financing the apartments may be delayed beyond the deadline in the EDA causing a loss of new housing units and construction jobs, 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. Approval of Petition. That the Petition is hereby accepted and shall be recorded, along with this resolution, in the journal of this Council as the organizational board of commissioners for all purposes of Revised Code Chapter 349, and this Council hereby determines that the WestBend Community Authority, and its District as defined in Revised Code Section 349.01(C), will be conducive to the public health, safety, convenience, and welfare, and is intended to result in the development of a new community, as defined in Revised Code Section 349.01(A).
SECTION 2. Establishment of Authority and District. That pursuant to the Petition, the WestBend Community Authority is hereby organized as a body politic and corporate with the corporate name designated in the Petition (such name being the “WestBend Community Authority”), and the boundaries of the District are as set forth in the Petition and Exhibit A attached hereto.
SECTION 3. Dissolution. That, pursuant to R.C. Section 349.14, this Council, as the organizational board of commissioners of the WestBend Community Authority, approves of the alternative dissolution method of the WestBend 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 4. Public Hearing. That this Council finds and determines that the public hearing was held as advertised as attested by the Department of Development on the Certification attached hereto as Exhibit B.
SECTION 5. Effective Date. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is hereby declared an emergency measure and shall take effect and be in force from and immediately after its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.