18-2016 August 30, 2016 AN ORDINANCE IMPLEMENTING SECTION 3735.65 THROUGH 3735.70 OF THE OHIO REVISED CODE, EXPANDING THE BOUNDARIES AND ALTERING THE TERMS OF COMMUNITY REINVESTMENT AREA #2, IN THE VILLAGE OF WOODLAWN AND REPEALING ORDINANCE #46-1994 AND ALL OTHER ORDINANCES OR RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE.
WHEREAS, the Council of the Village of Woodlawn (hereinafter “Council”) desires to pursue all reasonable and legitimate incentive measures to assist and encourage development in specific areas of the Village of Woodlawn that have not enjoyed reinvestment from remodeling or new construction; and WHEREAS, A survey of housing required by Section 3735.66 of the Ohio Revised Code (“ORC”) has been prepared for the area to be included in the proposed expanded Community Reinvestment Area; and
WHEREAS, The maintenance and construction of structures in such area would serve to encourage economic stability, maintain real property values, and generate new employment opportunities; and WHEREAS, the remodeling of existing structures or the construction of new structures in this Community Reinvestment Area constitutes a public purpose for which real property exemptions may be granted;
NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Woodlawn, Hamilton County, Ohio, a majority of all members duly elected thereto concurring:
SECTION I The area designated as Woodlawn Community Reinvestment Area #2, constitutes an area in which housing facilities or structures of historical significance are located, and in which new construction or repair of existing facilities have been discouraged.
SECTION II Pursuant to Section 3735.66 of the Ohio Revised Code, Woodlawn Community Reinvestment Area #2, is hereby established in the following described area: The boundaries are as depicted in the shaded area of the map attached to this Ordinance, marked Exhibit A, and by this reference incorporated herein. A list of all parcels within the boundary is also included as Exhibit B. Only commercial and residential properties consistent with zoning restrictions within the designated Community Reinvestment Area will be eligible for exemptions under this Program.
SECTION III All properties identified in Exhibit A as being in the designated Community Reinvestment Area are eligible for this incentive. The proposal is a public/private partnership intended to promote and expand conforming uses in the designated area through the construction or remodeling and rehabilitation of structures within the designated area. As part of the project, the Village of Woodlawn intends to undertake supporting public improvements in the designated area.
SECTION IV Within Woodlawn Community Reinvestment Area #2, the percentage of tax exemptions on the increase in the assessed valuation resulting from improvements to commercial and industrial real property and the term of those exemptions shall be negotiated. The results of the negotiation as approved by this Council will be set in writing in a Community Reinvestment Area Agreement as outlined in ORC Section 3735.671. The percentage and terms will be as follows: (a) The percentage and term (up to 12 years) for existing commercial and industrial facilities shall be negotiated on a case-by-case basis in advance of construction or remodeling and according to the rules outlined in Sections 3765.67 through 3735.673 of the ORC. (b) The percentage and term (up to 15 years) for new commercial or industrial facilities shall be negotiated on a case-by-case basis in advance of construction and according to the rules outlined in Sections 3765.67 through 3735.673 of the ORC. For residential property, a one-hundred percent (100%) tax exemption on the increase in the assessed valuation resulting from improvements as described in Section 3735.67 of the ORC shall be granted upon property application by the property owner and certification thereof by the designated housing officer for the following periods: (c) Ten (10) years for the remodeling of dwellings containing not more than 2 housing units, and upon which the cost of remodeling is at least $10,000, as described in Section 3735.67 of the ORC. (d) Fifteen (15) years for the construction of new residential dwellings, containing not more than 2 housing units and upon which the cost of construction is at least $150,000 per unit. If remodeling qualifies for an exemption, during the period of the exemption, the dollar amount of the increase in market value of the structure shall be exempt from real property taxation. If new construction qualifies for an exemption, during the period of the exemption, the structure shall not be considered to be an improvement on the land on which it is located for the purpose of real property taxation.
SECTION V To administer and implement the provisions of the Ordinance, the Municipal Manager is designated as the Housing Officer as described in Sections 3735.65 through 3735.70, of the ORC.
SECTION VI A “Community Reinvestment Area Housing Council” shall be created, consisting of two members appointed by the Mayor of Woodlawn, two members appointed by the Council of the Village of Woodlawn, and one member appointed by the Planning Commission of Woodlawn. The majority of members shall then appoint two additional members who shall be residents within the area. 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. The Community Reinvestment Area Council shall make an annual inspection of the properties within the district for which an exemption has been granted under Section 3735.67 of the ORC. The council shall also hear appeals under 3735.70 of the ORC. A Tax Incentive Review Council (TIRC) shall be created pursuant to Section 5709.85A(2) of the ORC, consisting of three members appointed by the Board of County Commissioners; two members from the Village of Woodlawn – appointed by the Chief Executive Officer with the concurrence of the Village Council; the County Auditor or his designee; and an individual appointed by the Board of Education of the Princeton School District and Great Oaks vocational school district. At least two members of the Council shall be residents of the Village. The TIRC shall review annually the compliance of all agreements and abatements.
SECTION VII The Council reserves the right to re-evaluate the designation of Community Reinvestment Area #2, after December 31, 2021, at which time the Council may direct the Housing Officer not to accept any new applications for exemptions as described in Section 3735.67 of the ORC.
SECTION VIII Ordinance No. 46, establishing the original Community Reinvestment Area #2, passed by the Village Council on October 25, 1994, is hereby repealed along with all other ordinances or resolutions in conflict with this ordinance.
SECTION IX The Council hereby finds and determines that all formal actions relative to the passage of this Ordinance were taken in an open meeting of this Council, that all deliberations of this Council and of its committees, if any, which resulted in formal action were taken in meetings open to the public, in full compliance with the applicable legal requirements, including Section 121.22 of the ORC.
SECTION X The Mayor of the Village of Woodlawn is hereby authorized to petition the Director of Development Services of the State of Ohio, for confirmation of the findings described in this Ordinance and certification of the proposed area as a Community Reinvestment Area. SECTION XI This ordinance shall take effect and be in force from and after the earliest period allowed by law and upon confirmation of the Director of the Ohio Development Services Agency of the findings in this Ordinance.