Explanation
Background:
Wagenbrenner Development and the City have entered into an Economic Development Agreement for its Marble Cliff Quarry project that will redevelop property located at the northeast corner of Dublin Road and Trabue Road. The City committed in the Economic Development Agreement to form a new community authority pursuant to ORC Chapter 349 to support that redevelopment. On August 26, 2019, a Petition for the Organization of the Marble Cliff Quarry Community Authority was submitted to City Council. City Council, as the organization board of commissioners, is now required by ORC Chapter 349 to determine the sufficiency of the Petition and set a public hearing date on the Petition.
Emergency Justification: Emergency action is requested in order to facilitate the development of this project in a timely manner.
Fiscal Impact: No funding is required for this legislation.
Title
To determine that the petition to establish the Marble Cliff Quarry Community Authority is sufficient and complies with the requirements of the Ohio Revised Code; to set the time and place for a hearing on the petition and authorize the notice of such hearing by publication; and to declare an emergency.
Body
WHEREAS, Wagenbrenner Development (the “Developer”) has proposed to redevelop property located at the northeast corner of Dublin and Trabue Road by constructing a mixed use commercial and residential development known as the Quarry Project consisting of approximately 40,000 square feet of Class A office space, up to 600 apartment units with up to 440 single family homes and condominiums and up to 50,000 square feet of retail uses, together with green space and bikeways; and
WHEREAS, to support the redevelopment of the project site, the City agreed in the Economic Development Agreement to support the formation of a new community authority for the site; and
WHEREAS, a Petition for the Organization of the Marble Cliff Quarry Community Authority (the “Authority”) under ORC Chapter 349 (the “Petition”) has been submitted to this Council; and
WHEREAS, the Authority’s 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; and
WHEREAS, this Council has reviewed the Petition, and by this resolution desires to legislatively determine, pursuant to ORC Section 349.03, that the Petition complies with the requirements of that section as to form and substance, to set the time and place of a hearing on the Petition and authorize the notice by publication of the hearing on the Petition; 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 regarding the sufficiency of the Petition in order to facilitate the redevelopment of the project site and 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. This Council hereby acknowledges and determines that, pursuant to ORC Section 349.01(F)(3), it is the “organizational board of commissioners” of the Authority for all purposes of ORC Chapter 349.
Section 2. This Council has examined the Petition and finds and determines that the Petition is sufficient and complies with the requirements of ORC Section 349.03 in form and substance.
Section 3. This Council hereby determines to hold a public hearing on the Petition on October 10th, 2019, at the City Department of Development Offices, 111 North Front Street, 8th Floor, at 2p.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 Revised Code Section 7.16, in a newspaper of general circulation within Franklin County, Ohio, pursuant to ORC Section 349.03(A). All prior notices published for such hearing are hereby ratified.
Section 4. 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.