1033 High Street (former UMCH)
In October 2020, Lifestyle Communities filed an application with the City to rezone the former site of the United Methodist Children’s Home (UMCH) at 1033 High Street from its current zoning (S-1, R-10, C-2 and C-3) to a Planned Unit Development consisting of single-family homes, multi-family townhomes and apartments, commercial and medical offices. They also filed an application for a Certificate of Appropriateness for the Architectural Review District. The development review process resulted in a recommendation of denial of the rezoning by the Municipal Planning Commission and denial of the Certificate of Appropriateness by the Architectural Review Board in October 2021. The recommendation of denial for the rezoning was forwarded to City Council. In December 2021, City Council voted to deny the rezoning.
- In March 2022, Lifestyle Communities filed a ten-count complaint against the City in U.S. District Court alleging various violations of equal protection, due process, free expression, first amendment retaliation, and regulatory taking. The City, in May 2022, filed a motion to dismiss the complaint.
- On March 15, 2023, the Court granted the City’s motion to dismiss eight of the ten counts. The Court’s opinion states that “It is Worthington City Council that makes final decisions on zoning within the City, and it has complete discretion in rendering those decisions.” The Court determined that Lifestyle could proceed on the regulatory taking count “to the extent it alleges a partial regulatory taking under the federal constitution and a taking under the Ohio Constitution” and on the declaratory judgment count “to the extent Lifestyle seeks declaratory judgment for its surviving taking claims”.
- On April 12, 2023, Lifestyle Communities filed a motion to reconsider which is currently pending decision.
- On May 16, 2023, a mediation was held which did not result in resolution of the litigation.
- On August 11, 2023, the Court ruled that “Lifestyle’s Motion for Reconsideration is GRANTED as to Lifestyle’s first amendment retaliation claim (Count VII) and the corresponding declaratory judgment claim (Count VIII) and is DENIED as to its procedural due process and equal protection claims (Counts I, II, and IV).”
While seven of the ten counts in Lifestyle Communities’ complaint have been dismissed, it is anticipated that litigation on the remaining counts may take several more years to conclude.
Some residents have encouraged Council to purchase the property, however Lifestyle Communities has not indicated that they have any interest in selling the property to the City. The City’s legal team will continue to vigorously defend the City’s interests on the remaining claims in the trial court and any subsequent appeals.
Ohio Southern District Court Records (Account registration required by U.S. District Court)
|*Proposals that meet the current zoning requirements are still subject to review and approval by the Architectural Review Board.|
S-1 (majority of the property)
|S-1 or Special allows for a variety of public and semi-public uses. Examples include parks, recreational facilities, government buildings, service buildings for the storage and maintenance of equipment and material, schools, colleges, hospitals, churches or other religious uses and daycare centers. Additionally, Municipal Planning Commission can grant approval through the conditional use process for a public service facility, cemetery and/or caretaker’s residence.|
C-3 (about 9.2 acres along High Street)
|C-3 is Institutions and Offices and allows for administrative and business office; medical/dental office or clinic; business services; religious, charitable or philanthropic institutions, and the public and semi-public uses listed above. Additionally, Municipal Planning Commission can grant approval through the conditional use process for such uses as laboratories, nursing homes, banks, mortuaries, animal hospital or veterinary care center, child daycare or nursery school and public service facilities.|
C-2 (about 0.6 acres near High Street)
|C-2 is Community Shopping Center and allows for retail stores, administrative and business offices, medical and dental offices, personal services, essential services, entertainment facilities, restaurants, and public uses such as parks, recreational facilities, government buildings, service buildings for the storage and maintenance of equipment and material, and schools. Additionally, Municipal Planning Commission can grant approval through the conditional use process for such uses as lawn and garden centers, public service facilities, bakeries, dog and cat day care, and animal hospital or veterinary care center.|
R-10 (about 0.5 acres along Larrimer)
|R-10 is Low Density Residence and allows for single-family dwellings, public uses such as parks, recreational facilities, government buildings, service buildings for the storage and maintenance of equipment and material, and schools. Additionally, Municipal Planning Commission can grant approval through the conditional use process for a public service facility, plant production, child daycare, colleges, hospitals, churches and/or other religious uses.|
|The full list of permitted and conditional uses for all zoning categories is available in Chapter 1147 of the Codified Ordinances.|