Updated: October 10, 2022
In late 2020, The Community Builders, a developer of mixed-income housing, submitted a zoning application for approval of a proposed multi-site mixed-income development to be located at 2300 East Livingston Avenue (27 1-3 bedroom units) and 420 North Cassady Avenue (18 1-bedroom units). The project was submitted to a competitive annual federal tax credit program in early 2021 and, after not being selected for that years’ funding, was resubmitted and approved for the 2022 round.
With a federal tax credit award in hand, this project is awaiting finalization of zoning entitlements and architectural review approval.
In 2021, residents in the vicinity of the 2300 East Livingston Avenue site appealed the City’s Board of Zoning and Planning decision. City Council initially declined to hear the appeal out of concern that some council members had a conflict of interest, but after a Common Pleas judge determined their conflict of interest concerns were not relevant Council heard the appeal and upheld the decision of the BZAP. The Council decision was then appealed to the Common Pleas Court, where it was reversed in a decision released in August of 2022. The developer and the City of Bexley have both separately appealed that decision. The City’s appeal is consistent with standard practice to defend decisions of the City’s Board of Zoning and Planning as upheld by City Council, and is being overseen by the City Attorney with the participation of outside zoning counsel.
While the 2300 East Livingston zoning question is reviewed by the 10th District Court of Appeals, the applicant is still in the process of continuing due diligence in their application, including moving forward with architectural review. A decision from the 10th District will take some time to arrive, and this development is expected to continue to have a protracted timeline.