January 11, 2018 - Hearing 17-09

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

January 11, 2018

Chairman, Mike Kabler, called hearing HTZC 17-09 for John Mccann, out of recess at 7:33 p.m. Mr. Kabler asked for a roll call of members.

Members Present: Tom Nied, Mike Kabler, Joni Manson, Robin Lobenstein

Members Absent: Alan Czako

Secretary: Sherrie Steele

Zoning Inspector: Not Present

Public Present:

Brittany Bowers, 10736 Fancher Road, Westerville, Ohio 43082

Nate Holmes, 10736 Fancher Road, Westerville, Ohio 43082

Susi Perry, 10725 Fancher Road, Westerville, Ohio 43082

Kevin Perry, 10725 Fancher Road, Westerville, Ohio 43082

Jeff Barr, 1561 Marietta Road, Lancaster, Ohio 43130

Jim Gehrig, 2680 Skelton Lane, Blacklick, Ohio 43004

Gary Smith, 7137 Parsons Road, Canton, Ohio

Sue Rasche, 6962 Harlem Road, Westerville, Ohio 43082

Mark Rasche, 6962 Harlem Road, Westerville, Ohio 43082

Herman Berk, 10745 Fancher Road, Westerville, Ohio 43082

Jennifer Slater, 10823 Fancher Road, Westerville, Ohio 43082

Juanita Berk, 10745 Fancher Road, Westerville, Ohio 43082

Mr. Kabler stated that when the hearing was called to recess the Commission was reviewing the proposed development plan. Commission members had reviewed pages 1-3.

Ms. Manson stated she would like to comment that she had served on the Commission for ten years and would like to tell the applicants that the Trustees have never approved an application with this many changes. Ms. Manson stated she believes these changes should have been handled in the preliminary meeting. Ms. Manson continued that a lot of changes have been made and does not believe the Trustees will approve the application. Ms. Manson stated she believes the application should be withdrawn and resubmitted with the corrections made.

Mr. Kabler stated this was a technical issue. Mr. Kabler stated the procedure for an application is that the application fee is non refundable. The acreage fees can be refunded up to the night of the Trustees hearing.

Mr. Smith stated he does not want the Zoning Commission to feel pressure or send something to the Trustees that would be denied due to cumbersome editing.

Mr. Kabler stated the Commission did not realize they would be making this many changes.

Mr. Smith stated we can go through the changes and submit a clean copy.

Ms. Manson stated our normal procedure is to submit the original request along with a list of changes to the Trustees.

Mr. Kabler stated the applicant could withdraw the application and we could hold a second Preliminary Meeting to address the changes.

Mr. Smith stated he has never heard of a procedure like this. Mr. Smith stated a Planned District always has changes. Mr. Smith suggested the Commission seek legal counsel to check on procedure.

Mr. Kabler stated the Trustees do not like to see this many changes.

Mr. Smith stated what if they go all the way back, resubmit the application and still find more changes that need to be made.

Ms. Lobenstein stated the point is taken. Further delay is unnecessary and the decision should be based on the changes the Zoning Commission has made.

Mr. Smith stated the decision should be based on the application with the revised date. At the preliminary meeting there is no public input. Mr. Kabler stated a preliminary meeting is advertised and is a public meeting.

Mr. Kabler stated the Commission could continue to review the document. The Commission would then make a recommendation based on the original application and the list of changes made.

Mr. Smith stated the applicant could submit a revised copy of text and drawings before the Zoning Commission votes. The Commission could check with legal counsel on procedure.

Mr. Nied questioned if the Commission could vote on an amended copy with the changes as a separate document. Continue tonight, see what further changes are made and let the applicants come back with a clean revised document.

Mr. Smith stated if it delays the application going to the Trustees for a month they are okay with that.

Ms. Lobenstein stated the Commission should go with the normal procedure and vote on the list of changes.

Mr. Kabler stated the Commission can either act tonight or recess.

Mr. Smith stated they are comfortable with making further changes tonight.

Mr. Kabler stated the Commission can go through the document, make changes, then decide to go with the normal procedure or go with a clean copy.

Mr. Kabler stated the Commission would now go back to the review of the document.

The secretary was asked to make copies of the proposed text for the public present. Mr. Smith asked for a moment to set up his projector.

Mr. Kabler stated the Commission would review the changes they had already discussed to see if any further corrections needed to be made.

Mr. Kabler asked the secretary to state the corrections made to date.

The secretary stated there were no changes made to page one.

Page 2, Use of Property: line 3,

Change From: A maximum of 132,000 square feet of enclosed storage shall be permitted on the property, as well as an outdoor area for the storage of boats and recreational vehicles to be located at the rear of the property as indicated on the Development Plan Exhibit "C".

Change To: A maximum of 118,000 square feet of enclosed storage, and 14,000 square feet of three sided storage shall be permitted on the property, as well as an outdoor area of 90,000 square feet for the storage of boats and recreational vehicles to be located at the rear of the property as indicated on the Development Plan Exhibit 'C'.

Page 2, Hours of Operation:

Change From: 6 a.m. ta 10 p.m.

Change To: 7 a.m. to 9 p.m.

Commission members also moved to strike the word initially from Hours of Operation, line 3,

Change From: The facility will initially be unmanned with new rentals being controlled via an on-site kiosk, daytime phone number, website, and/or phone app.

Change To: The facility will be unmanned with new rentals being controlled via an on-site kiosk, daytime phone number, website, and/or phone app.

The secretary continued with the list of changes.

Page 2, Hours of Operation: Delete the last sentence: '􀀎n an-site employee may be added in the future as the business grows"

Page 3, Landscaping, Add item

5. All landscaping and screening will be maintained in good condition.

Page 3, Security, Item 3,

Change From: Surveillance: Video surveillance shall be provided to ensure the safety and security of items stored within the facility and to deter unauthorized access.

Change To: Video Monitoring: Video monitoring shall be provided to deter unauthorized access.

Page 3, lighting:

Change From: lighting: lighting for the facility shall be provided through the use of LED wall pack lights mounted to the sides of the storage buildings. All light fixtures shall be installed to direct light downward and avoid light pollution, and shall be controlled by a photocell. On the western side of the buildings nearest the residential properties to the west, light fixtures shall have cut off shielding installed so the light source is less visible from adjacent properties and shall be controlled through either the use of a timer that turns off the fixtures at the end of business each day, or by motion sensors such that lights on that side of the building are normally shut off during non-business hours.

Change To: lighting: lighting for the facility shall be provided through the use of LED wall pack lights mounted to the sides of the storage buildings. All light fixtures shall be installed to direct light downward and avoid light pollution, and shall be controlled by a photocell. On the western side of the buildings nearest the residential properties to the west, light fixtures shall have cut off shielding installed so the light source is less visible from adjacent properties and shall be controlled by motion sensors such that lights on that side of the building are normally shut off during non-business hours.

Page 3 Add item number

6. No manufacturing, repairs for hire or sales shall be conducted by the renter within a storage unit.

Mr. Kabler asked Commission members if they had any further changes on pages 1-3.

Mr. Nied informed the public on Page 2 the Commission eliminated an on-site employee. The only way the applicant could now have an on-site employee would be to come back in before the Commission and request a modification to their plan.

Mr. Nied referred to the newly proposed change of adding item 5 and questioned if the word will should be changed to shall. Commission members agreed to the change.

Page 3, add the following language:

5. All landscaping and screening shall be maintained in good condition.

Page 3, Landscaping, Buffering and Storm Water, Item number 4:

Change From: Storm Water Retention: A large storm water retention pond shall be provided at the rear of the facility as indicated on the Development Plan Exhibit 'C'.

Change To: Storm Water Retention: A large storm water retention pond shall be provided on the southwest corner of the facility as indicated on the Development Plan Exhibit 'C'. To inhibit the breeding of mosquitoes the pond shall be treated chemically or with the installation of an aeration system.

Page 3, Security, line 8, last sentence,

Change From: From that point, around the rear of the property, and extending to the existing concrete wall on the eastern boundary, the applicant shall install a black or green vinyl coated chain link fence for security purposes.

Change To: From that point, around the rear of the property, and extending to the existing concrete wall on the eastern boundary, the applicant shall install a 6' black or green vinyl coated chain link fence for security purposes.

Page 3, Security, Item 5, line 3 correct the word ordinances to ordnance.

Commission members discussed the sign and agreed to the following changes.

Page 4, Signage,

Change From: A small sign, meeting all of the requirements of Section 22.04(b) of the Harlem Township Zoning Resolution, shall be placed on the west side of the entry as show on the development plan Exhibit 'C'. The proposed sign shall be illuminated through the use of ground mounted landscape lighting.

Change To: A small sign, as shown in Exhibit E, meeting all of the requirements of Section 22.04(b) of the Harlem Township Zoning Resolution, shall be placed on the west side of the entry as show on the development plan Exhibit 'C'. The proposed sign shall be illuminated through the use of low voltage ground mounted landscape lighting.

Page 4, Item 4 ( C)

Change From: Surface Drainage: One detention pond, located to the rear of the property as shown on Development Plan Exhibit 'C', shall be provided to accommodate the storm water requirements for the project.

Change To: Surface Drainage: One detention pond, located on the southwest corner of the property as shown on Development Plan Exhibit 'C', shall be provided to accommodate the storm water requirements for the project.

Commission members discussed formatting and stated to keep with the same formatting the following subtopics needed to be added to Page 4, Item number 5, paragraph one:

A. Entrance and Circulation:

Page 4, Item number 5, paragraph two:

B. Traffic Analysis:

Page 5, Item number 6, paragraph one:

A. Commercial Properties:

In keeping with the formatting, Page 5, Item number 6, Change From: letters a through g, Change To: numbers 1 through 7.

Commission members discussed the list of properties and the zoning shown in items now known as 1 through 7. Mr. Smith stated he had taken the list from the Township Zoning Map.

Page 5, Item number 7, paragraph one:

A. Institutional Facilities:

Page 5, Item number 8, Change From:

A. Start of Construction/Phase 1: Begin spring/summer 2018

B. Completion of Phase 1: Completed by Spring 2021 (anticipated)

C. Start and completion of Phase 2A. 2B. and 3: All subsequent phases shall be started and completed as demand dictates as described below.

Change To:

A. Start of Construction/Phase lA: Begin 2018

B. Completion of Construction/Phase lA: One year from date of Delaware County Approval

Cl Start of Construction/Phase lB: Upon completion of Phase lA

D. Completion of Phase lB: Completed by Spring 2021 (anticipated)

E. Start and completion of Phase 2A. 2B. and 3: All subsequent phases shall be started and completed as demand dictates as described below.

Page 5, Item 9, the lettering sequence will change from A through D and now will be A through E.

Page 5, Item 9, Change From:

A. Phase 1: Construction planned to begin spring/summer 2018 and will continue until completed. Phase 1 will be the buildings and improvements indicated on the Development Plan, Exhibit 'C", and will include a total of six buildings, the asphalt entry drive and apron, the compacted aggregate circulation areas, the sign, the storm water detention area, the fire hydrant, and all landscaping, fencing, and gates as shown on the plan. It is the intent of the applicant to do all final engineering, and secure a zoning certificate from the township, for all of the phase 1 construction as show. The applicant will construct the driveway, parking, circulation areas, fencing, landscaping & buffering, sign, fire hydrant, and buildings# 1, 2, and 3 first, prior to opening the facility. After completion of those items, the facility will be opened and then buildings# 4, 5, and 6 will be constructed as the market demand dictates. It is anticipated that the completion of construction of Phase 1 will occur by the spring of 2020. As indicated above the applicant may desire to adjust the location of different building types within this phase to accommodate changes in market demand. The applicant understands that no changes will be permitted unless the applicant first requests a modification from the township, and the township issues approval for the same. Modifications to the development plan, if requested by the applicant, will not be permitted if such changes increase the total square footage of the facility as permitted above in Section 15.05(b)(2)(A). Until buildings #'s 4, 5, and 6 are constructed, the applicant intends to use the compacted aggregate areas in those locations for the temporary outdoor storage of

boats, and RVs. Such temporary use will only be permitted until the compacted aggregate areas outlined in Phase 2A are constructed, or the outdoor storage oreo in Phase 3 is constructed, whichever is first.

Change To:

A. Phase lA: Construction planned to begin 2018 and will continue until completed. Phase 1A

shall include all of the grading, underground utilities, and stormwater facilities, as well as the asphalt entry drive and apron, and the compacted aggregate circulation areas which are indicated as being a part of Phase 1 on the Development Plan, Exhibit 'C'.

B. Phase 1B Shall begin after the completion of Phase lA and shall be the buildings and

improvements indicated on the Development Plan, Exhibit 'C", and will include a total of six buildings, the asphalt entry drive and apron, the compacted aggregate circulation areas, the sign, the fire hydrant, and all landscaping, fencing, and gates as shown on the plan. It is the intent of the applicant to do all final engineering, and secure a zoning certificate from the township, for all of the Phase 1 construction as show. The applicant will construct the driveway, parking, circulation areas, fencing, landscaping & buffering, sign, fire hydrant, and buildings# 1, 2, and 3 first, prior to opening the facility. After completion of those items, the facility will be opened and then buildings# 4, 5, and 6 will be constructed as the market demand dictates. It is anticipated that the completion of construction of Phase 1B will occur by the spring of 2021. As indicated above the applicant may desire to adjust the location of different building types within this phase to accommodate changes in market demand. The applicant understands that no changes will be permitted unless the applicant first requests a modification from the township, and the township issues approval for the same. Modifications to the development plan, if requested by the applicant, will not be permitted if such changes increase the total square footage of the facility as permitted above in Section 15.05(b)(2)(A}. Until buildings #'s 4, 5, and 6 are constructed, the applicant intends to use the compacted aggregate areas in those locations for the temporary outdoor storage of boats, and RVs. Such temporary use will only be permitted until the compacted aggregate areas outlined in Phase 2A are constructed, or until the end of 2021, whichever is first.

Page 6, Item (B now C), Phase 2A, line 15,

Change From: Such temporary use will only be permitted until the compacted aggregate areas outlined in Phase 3 are constructed. Once the compacted aggregate areas in Phase 2A are complete, all items being stored outdoors temporarily in Phasel shall be moved into Phase 2A and such temporary use shall no longer be permitted in Phase 1.

Change To: Such temporary use will only be permitted until the compacted aggregate areas outlined in Phase 3 are constructed or until the end of 2023, whichever comes first.

Page 6, Formatting, Item 10, add Subtopics and division of paragraph:

A. Control of the Lands: The owner/applicant has ownership and control of the land. The Co­Applicants have executed a purchase construct with the owner, contingent upon approval of the rezoning. Upon completion of the rezoning , the Co-Applicants shall execute the purchase of the land and shall assume full control of the property.

B. Engineering Feasibility: A professional engineer has been retained by the Co-Applicants, and has determined there are no significant engineering constraints to the construction of the project as demonstrated on the Development Plan, Exhibit 'C' and the Storm Water Feasibility Study, Exhibit 'F'.

Page 6, Formatting, Item 11, add Subtopic:

A. Divergence:

Remove the comma after Exhibit 'C' in line 2.

Page 7 add the following sentence at the end of Divergence:

All compacted aggregate surfaces shall be maintained in good condition. Page 7, Item 12, add Subtopic:

A. Public Service Facilities:

Mr. Kabler asked Commission members if they had any other questions or comments regarding the document. Commission members had no further comments or questions.

Mr. Kabler stated the Commission now needed to decide ifthey would like to make a motion tonight or recess to allow the applicant to bring back a clean copy and then make a motion.

Ms. Manson asked Mr. Kabler if he would be contacting legal counsel for a determination on procedure. Mr. Kabler stated he would be contacting legal counsel.

Mr. Kabler stated that when the Commission makes a motion the motion will be based on the original document along with the changes. Mr. Kabler stated this development plan has an extraordinary number of changes. Mr. Kabler stated the Commission is considering recessing tonight to check with legal counsel. Normal procedure is to use the original as submitted with a list of changes addressed in the motion. There would be no strike out version. A strike out version would be a supplemental version. Mr. Kabler stated the purpose of recessing tonight would be to review the changes and motion to recommend approval with a vote to approve or deny.

Mr. Smith asked if that would be based on the Prosecutor's decision. Mr. Kabler stated it would be based on the Prosecutor's recommendation.

Mr. Kabler stated the Commission needs to review an accurate copy of all changes.

Ms. Lobenstein made a motion to recess tonight's hearing to Monday, January 22, 2018 at 7:40 p.m. Mr. Nied seconded the motion. Mr. Kabler asked if there was any discussion on the motion. Being none, Mr. Kabler asked for a voice vote on the motion, all aye. Motion carried.

Respectfully submitted,

Sherrie Steele, Secretary