South Lincoln Apartment Complex Rezoning Denied by Kent Council

Apartment complex proposals and rezoning requests are two different things, and members of made that clear Wednesday.

A majority of council members expressed support for a 596-bed apartment project proposed by Edwards Communities Development Company for about 10 acres on South Lincoln Street.

But not enough council members voted for the rezoning request that would have paved the way for construction of the project.

The development company's rezoning request to change the property from R-3 residential to R-4, which permits much more dense housing, was denied by the Kent Planning Commission in December. However, ultimate authority on rezoning requests lies with council.

Kent Law Director Jim Silver told council members that, in voting on the rezoning request Wednesday night, they should consider whether the request meets requirements set forth in the zoning code and not consider the actual apartment complex proposal.

Specifically, Silver said the city's zoning code states two requirements for rezoning requests. To rezone land, the applicant must show the change would lead to an equal or better zoning code than exists. A change also requires evidence that the existing zoning is unreasonable with respect to the particular property and limits the land owner's reasonable use, Silver said.

"Limitation on financial gain shall not constitute limitation of reasonable use," Silver said.

Kent Economic Development Director Gary Locke said the firm told the city in an August letter that the primary reason for the rezoning request had to do with the project's profit margin.

“The property is not financially feasible to develop under the R-3," Locke said, quoting the letter. "They’re telling you there’s an issue with the financial gain here.”

Based on Silver's statement, Councilman Robin Turner said he could not vote for the rezoning request even though he liked the apartment complex proposal laid out by the firm.

“I believe this project would be of great benefit to the city, personally," Turner said. "But as pointed out to us, we’re not voting on the project.”

Kent Councilman Wayne Wilson disagreed with Turner and said he thought the developer met the conditions for the rezoning request. Wilson said he thought the council that changed the zoning of the area in the 1980s to the lesser density R-3 may have made a mistake.

“I think maybe that’s why that property has not been developed,” Wilson said. "I think we may end up with a lesser project if it's left at R-3."

The current, R-3, zoning permits a maximum eight residential units per acre. The proposed R-4 zoning allows up to 32 residential units per acre.

Representatives for the development firm and some council members shared Wilson's concern that the land, if left zoned R-3 will lead to smaller, less-attractive projects with little or no continuity or green space.

Tom Weise, one of the property owners who signed an option with the development firm, said he was planning to build 16 duplexes on his six acres before the firm offered to buy his property.

"That’s the best I could do to utilize the property," Weise said. "I do think what they’re proposing is a better use.”

Councilman Erik Valenta, who voted against the rezoning request, said he opposed it for the simple fact there were no guarantees that Edwards Communities would build the project as proposed if the request was approved.

Like Turner, Valenta said he liked the apartment complex project as proposed. But Valenta said he feared a much more dense project could rise there if this project fell through.

“I can’t take that risk and jeopardize that neighborhood," Valenta said.

Ryan Szymanski, a vice president at the Columbus-based development firm, said the company has agreed to development limitations in the past. He said the approximately $25 million project would generate about $240,000 in property taxes to benefit the .

"If there was any way to commit to it, we would be right behind it,” he said.

Still, council members adhered to the zoning code requirements and denied the rezoning request. Council members who opposed the request were Turner, Valenta, Tracy Wallach, Heidi Shaffer and Garret Ferrara. Council members who supported the rezoning request were Kuhar, Wilson, Michael DeLeone and Jack Amrhein.

"I realize we’re looking at a zoning change and not a specific developer," Kuhar said. "But there’s an awful lot of evidence that with that change this particular developer will move forward with an attractive project."