Kent committee denies application to place Forest Lakes parcel in agricultural district after residents and police cite noise and excavation

The Kent City Council’s land-use committee voted Feb. 4 to deny an application by Eric Cobb (Cobb Acres LLC) seeking placement of a 40-acre parcel into an agricultural district, after residents and police described prolonged excavation and a diesel pump that has produced repeated noise complaints.

Outside counsel Ben Chonaki told the committee that state law imposes a strict timetable and evidentiary rules: "If you don't conduct your public hearing within 30 days, the application is considered approved," and the owner must show exclusive agricultural production for the prior three calendar years or participation in a federal conservation program, plus other statutory thresholds. Chonaki urged the council to "show your work" and described options to approve, modify, or reject the application.

Police testimony documented enforcement contacts. Chief Nicholas Scheer said officers had responded multiple times and that the owner had been issued four summonses, three of them in November–December 2025. Scheer told council the pump appears to be used to remove water so excavation equipment can operate and that the department had gathered photos and a daytime video that captured audible pump noise from Johnson Road. Officer Matthew Brooks recounted a Nov. 29 response when a trainee observed a running engine in the field and a summons followed.

Several nearby residents testified that the activity is not normal farming. Darren Hartman, who submitted an affidavit, said Forest Lakes neighbors have observed "large scale excavation and land alteration activity involving multiple excavators, sustained truck hauling and continuous 24/7 pumping operations," and that the work appears aimed at expanding the pond for recreational use rather than agricultural production. Hartman added: "What residents are experiencing is not normal agricultural practice, and the impacts to our community are substantial, ongoing, and undeniable."

City staff confirmed the site’s regulatory history. Bridget Sussell said the property was rezoned to an Open Recreation district in December 2023, that the applicant had obtained a floodplain excavation permit from the Ohio Department of Natural Resources showing a 4.8-acre runway area, and that staff observations show extensive excavation but no clear evidence of agricultural activity on the acres the applicant listed as hay production. Sussell also told the committee that the county auditor’s administrative signature on the applicant’s materials predates the documentation received by the city, raising questions about the supporting evidence in the record.

Councilmembers said the submitted materials and testimony left open critical evidentiary gaps. Several members noted they had not seen evidence that the land had been devoted exclusively to agricultural production for the statutory period or that the scale of hay production claimed in county filings was consistent with field conditions. Councilmember Melissa moved to prepare findings of fact and conclusions denying the application under Ohio Revised Code §9.29; Heidi seconded. A roll-call vote of those present recorded affirmative responses and the motion passed.

The committee’s action will be memorialized in a resolution at the council’s next regular meeting on Feb. 18. The denial means the applicant will need to provide additional, compliant evidence if he intends to seek agricultural-district placement again.