Explanation
In 2018, the City adopted a new residential Community Reinvestment Area policy based on the 2016 study from HR&A that evaluated the effectiveness of real property tax abatements. Chapter 4565 of the City Code was established by Ordinance 2184-2018 that outlines the eligibility requirements to apply for and receive a tax abatement on property used for residential purposes. Chapter 4565 of the City Code also requires the City to evaluate the policy and CRA categorization every 3 years. The Kenny and Henderson CRA was updated through Ordinance 1878-2022 to reflect the recent changes made to Chapter 4565 of the City’s Code; however, as a result of going through the implementation process and with additional review, it has been determined that there is a need to amend this ordinance to make administrative corrections. This ordinance will modify the Kenny and Henderson Community Reinvestment Area by clarifying the transition from the 2018 policy to the 2022 policy
Title
To amend the Kenny and Henderson Community Reinvestment Area to align with the updates located in Chapter 4565 of the Columbus City Codes; to provide that the City’s existing Community Reinvestment Area Housing Council shall serve as the Housing Council for the Kenny and Henderson Community Reinvestment Area; and to declare an emergency.
Body
WHEREAS, the City of Columbus has established a goal of fostering private sector investment to build mixed income neighborhoods dispersed throughout the City; and
WHEREAS, Ordinance No. 1698-78, approved August 3, 1978, authorized the Department of Development to carry out a Community Reinvestment Program, pursuant to Sections 3735.65 to 3735.70 of the Ohio Revised Code, and approved certain administrative procedures for the program; and
WHEREAS, Ordinance 3469-2018 created the Kenny and Henderson Community Reinvestment Area and authorized real property tax exemptions within it, as provided per Ohio Revised Code; and
WHEREAS, Ordinance 1878-2022 amended the Kenny and Henderson CRA to adopt the revised residential incentive policy codified in Chapter 4565 of the Columbus City Code; an
WHEREAS, the City’s current CRA Housing Council formed by the passage of Ordinance 2412- 2003 on November 10, 2003, as required by R.C. Section 3735.69, shall serve as the CRA Housing Council for the Kenny and Henderson CRA; an
WHEREAS, as a result of going through the implementation process and with additional review, it has been determined that there is a need to amend this ordinance to make administrative corrections; and
WHEREAS, an emergency exists in the usual daily operations of the Development Department in that it is necessary to continue the implementation process of the new incentive policy enacted by Ordinance 1878-2022. NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Council finds and determines that the area within the Kenny and Henderson CRA is one in which housing facilities or structures of historic significance are located and new housing construction and repair of existing facilities or structures are discouraged. Council finds that the construction of new structures and the remodeling of existing structures are declared to be a public purpose for which exemptions from real property taxation may be granted. Council also finds and determines that amending the Kenny and Henderson CRA is in the City’s best interest and will incentivize the construction or remodeling of affordable housing within this area designation. Hereafter, additions of new language are underlined and deletions are marked as stricken.
Section 2. That Section 4 of Ordinance 1878-2022 is repealed and replaced with the following:
That transition to the amendments in Section 3 of Ordinance 1878-2022 as it existed prior to the effective date of this Ordinance, shall apply to all projects that have an executed agreement or memorandum approved by City Council prior to the effective date of this ordinance, or that adhere to the following timeline:
a. Obtains all necessary building permits on or before August 31, 2023; or has closed on all project construction financing and obtained at least 50% of the project’s building permits by August 31, 2023.above are effective when all necessary building permits have been issued on or prior to August 31, 2023, or when the Development Project has closed on all project construction financing and obtained at least 50% of the project’s building permits by August 31, 2023.
Section 3. Section 6 of Ordinance 1878-2022 is repealed and replaced with the following:
That the CRA Housing Council formed by City Council by the passage of Ordinance No. 2412-2003 on November 10, 2003, and any subsequent amendments thereto, including re-appointments and new appointments of members as authorized by that legislation, is appointed as the CRA Housing Council for the Kenny and Henderson CRA to fulfill the duties required by R.C. Section 3735.69. That a Community Reinvestment Area Housing Council shall be created, consisting of two members appointed by the Mayor of the City of Columbus, two members appointed by the Council of the City of Columbus and one member appointed by the Planning Commission of Columbus. The majority of those members shall then appoint an additional member who resides within the CRA. Terms of the members of the Council shall be for three years. An unexpired term resulting from a vacancy in the Council shall be filled in the same manner as the initial appointment was made for the remainder of the term of the vacated seat. Pursuant to R.C. 3735.66, Council designates the City’s Development Director as the Housing Officer as defined in R.C. 3735.65(A).
Section 4. All other provisions of Ordinance 3469-2018, as amended by Ordinance 1878-2022, regarding the Kenny and Henderson Community Reinvestment Area, which are not amended herein, remain unchanged and effective as adopted prior to this Ordinance.
Section 5. That the CRA Housing Council shall make an annual inspection of the properties within the district for which an exemption has been granted under R.C. Section 3735.66, and shall hear appeals as required by R.C. 3735.70.
Section 6. Upon passage, the Clerk of this Council is directed to forward a copy of this Ordinance to the Franklin County Auditor for information and reference. The Clerk of this Council is further directed to cause notice of the passage of this Ordinance in a newspaper of general circulation in the City once a week for two consecutive weeks immediately following its passage, as required by Section 3735.66 of the Ohio Revised Code.
Section 7. Not later than sixty days after passage of this Ordinance, the Director shall petition the State Director of Development Services to confirm the findings described in this Ordinance. The petition shall include all documents and information required by R.C. 3735.66.
Section 8. This Council further authorizes and directs the Mayor, the Clerk of Council, the Director of Development and/or other appropriate officers of the City, to prepare and sign all agreements and documents and to take any other actions as may be appropriate or necessary to implement this Ordinance.
Section 9. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.