Sep 12, 2006 By Amy Zalar 4 min read

Two Fayette County commissioners have rejected a request by a Monroeville developer to rezone property in Springhill Township to allow for the construction of multi-family units in a tax-free Keystone Opportunity Zone. Commissioners Angela M. Zimmerlink and Vincent A. Vicites each turned down the request Monday by Crystal Springs Development Inc. to change the zoning of 229 acres from agricultural to residential. Commissioner Joseph A. Hardy III, hosting the 84 Lumber Classic PGA at Nemacolin Woodlands Resort and Spa in Farmington this week, has not yet ruled on the request.

During the rezoning hearing, Hardy had only indicated he would be in favor of the development moving forward. However, the majority decision by Zimmerlink and Vicites makes Hardy’s opinion a moot point either way.

Adhering to his longstanding position, Vicites said Monday he voted against the rezoning request because he believes residential development in a KOZ is “fundamentally wrong.”

“I don’t believe it’s fair to the rest of the taxpayers,” Vicites said. “I felt that way about the last rezoning and my position has not changed.”

Zimmerlink said government-directed, taxpayer-funded economic development programs have failed in Fayette County. “It is bad enough single-family homes can be built on this site now. I’m not going to expand this selective tax break to include multi-family dwellings,” Zimmerlink said.

Underscoring her point, Zimmerink added, “The KOZ has been in Fayette County since 1999, yet look at the economic statistics and how Fayette County ranks. These unfair selective tax incentives, our economic development agencies and (the) politicians who support these tax-free programs have failed Fayette County.

“They claim economic development and population growth cannot occur without tax-free programs, so they support and vote for unfair and unjust tax preferences. Economic growth can occur in Fayette County, but not with that type of mindset.”

Single-family homes are currently allowed on the Fay Penn Economic Development Council owned property because of a decision in 2003 by prior Commissioners Sean M. Cavanagh and Ronald M. Nehls to change the zoning from manufacturing to agricultural. Vicites, the only current commissioner in office for that decision, voted against it. At the time, another developer planned to build a golf course and construct upscale homes at the site. The proposal never came to fruition.

Vicites said that he is 100 percent in favor of development and growing the county and its tax base, but it has to be done fairly. He predicted that completion of the West Virginia link of the Mon/Fayette Expressway will lead to development in the area and said it will happen without the KOZ.

Crystal Springs had planned to construct a development with single-family homes, townhouses and garden apartments and quads, provided the zoning was changed. During a hearing before the commissioners last month, developer Elliott Edelstein said the homes would cost approximately $300,000 each for single-family homes, $200,000 each for townhouses and $175,000 each for quad units and garden apartments.

Although the homeowners would be exempt from paying the state personal income tax of 3.07 percent and local earned income tax of 1 percent until expiration of the KOZ, Edelstein said he didn’t see a down side, because contributions would be made to the local taxing bodies in lieu of taxes and the homes would eventually go on the tax rolls. The KOZ designation expires in 2013.

Edelstein previously said the development would occur regardless of the rezoning decision, although it may take a different look.

According to developer Larry Edelstein, an alternative plan the developer will not pursue includes building 300 homes in a “gated community” that would likely cost more than $300,000 and likely in the range of $500,000 each.

Larry Edelstein said Monday the “bottom line is nothing is changed as far as we’re concerned.” Larry Edelstein said the developers still “absolutely” plan on developing the property. He said they are more than willing to proceed with Plan A, but added that he was concerned that the rezoning rejection was a “political and not a financial decision.”

The commissioners will officially vote on the request at the monthly meeting on Sept. 28.