October 29, 2018

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

October 29, 2018

Chairman, Mike Kabler, called hearing HTZC 18-02 for Mark and Carmela Jordan to order at 7:30 p.m. Mr. Kabler asked for a roll call of members.

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

Alternate Present: Bill Needham

Secretary: Sherrie Steele

Zoning Inspector: Jon Trainer

Public Present: Bill Schwartz, 15871 Robins Road, Johnstown, OH 43031

Terisa Sites, 15871 Robins Road, Johnstown, OH 43031

Jackie Miller, 15820 Robins Road, Johnstown, OH 43031

Carmela Jordan, 3736 Dolomite Drive, Gahanna, OH 43230

Mark Jordan, 3736 Dolomite Drive, Gahanna, OH 43230

Tim Burcham, 3681 S. County Line Road, Johnstown, OH 43031

Mr. Kabler introduced Commission members, the Zoning Inspector and the secretary. Mr.

Kabler then explained the hearing rules and procedures.

Mr. Kabler opened the hearing and asked the secretary to read the public notice into the

record.

PUBLIC NOTICE

The Harlem Township Zoning Commission is being asked to consider the following:

Mark and Carmela Jordan, 3736 Dolomite Drive, Gahanna, Ohio 43230, are seeking to rezone 6.684 acres from Current Zoning, AR-1 Agricultural Residential to FR-1 Farm Residential.

There is not a physical address for the property. The parcel is fisted as Tract 1, Parcel ID# 316- 440-01-001-001. The property is located on the southwest corner of Robins Road at County Line Road.

The hearing will be held on Monday, October 29, 2018 at 7:30 p.m. at the Harlem Township

Firehouse, 3883 South State Route 605, Galena, Ohio 43021. The hearing is open to the public.

Mike Kabler, Chairman

Mr. Kabler asked the secretary if the application was on the correct form. The secretary stated the application was on the correct form. Mr. Kabler asked if the applicants had signed the

application. The secretary stated both applicants had signed the application.

Mr. Kabler asked what the specific zoning request is. The secretary stated to rezone 6.684

acres from Current zoning, AR-1 Agricultural Residential to FR-1 Farm Residential.

Mr. Kabler asked if the adjacent, adjoining, contiguous property owners had been notified of

the hearing. The secretary stated all adjacent, adjoining, contiguous property owners had been notified by first class mail. The secretary stated she had received one notice for David T. Boley that had been returned as No Such Number. The secretary stated she had apparently

transposed the numbers on his letter. The secretary stated Mr. Boley's spouse laura R. Boley had been sent a letter that had not been returned so there was one notification of the hearing sent to the correct address.

Mr. Kabler asked if there were any non-notified property owners present tonight. There were no non-notified property owners present. Mr. Kabler asked if there were any waivers for non­notified property owners. The secretary stated there were no waivers.

Mr. Kabler asked if there were any other errors noted. Commission members found no other errors.

Mr. Kabler asked for the recommendation of the Delaware County Regional Planning

Commission. The secretary stated Delaware County Regional Planning Commission

recommended approval of the application.

Mr. Kabler wanted it noted the application had been reviewed by the Zoning Inspector but had not gone before the review team.

Mr. Kabler asked Commission members if the correct legal description had been furnished in

text and map.

Mr. Kabler stated in his review of the site plan and the application there was a small

discrepancy in the legal description and on the map. Mr. Kabler stated the map indicated

861.35 feet and the legal description indicates 861.32 feet, a discrepancy of three one hundreds of a foot. Mr. Kabler stated Delaware County Regional Planning had not commented on the

discrepancy but he would like it noted in the record. Mr. Trainer stated he had attended the

hearing for Delaware County Regional Planning and the matter had not been brought up.

Mr. Nied and Mr. Czako stated in their review of the legal description and map they found no discrepancy. Mr. Kabler stated it is the inside measurement that is listed at 861.35 feet but the outer measurement does indicate 861.32 feet. Commission members had no further concerns.

Mr. Nied asked the applicants if they had walked the property. The applicants stated they had walked the property. Mr. Nied asked if the stream was a wet stream or a dry bed. Mr. Jordan stated there is always water in the stream. Mr. Nied asked the applicants if they were aware

they could not build on the stream. The applicants stated they were aware they could not build on the stream. Mr. Nied asked if part of the stream runs along the South County Line. Mr.

Jordan stated there is a culvert that runs under the roadway. Mr. Nied commented so this does not block access to the stream. Mr. Jordan stated that was correct.

Mr. Kabler asked Commission members if they had any other questions at this time. Having no questions at this time, Mr. Kabler opened the hearing to the public for comments and

questions.

Jackie Miller, 15820 Robins Road, asked why the zoning was being changed from Agricultural to Farm. Mr. Kabler stated Farm Residential allows for lots of two acres and Agricultural requires lots of five acres. Mr. Kabler asked the applicant if he would like to comment on the reason for the zoning change. Mr. Jordan stated they are going to split the lot in half and sell one lot to his best friend.

Ms. Miller asked if they could build on both lots due to the stream. Mr. Jordan stated the

stream splits the lot exactly in half and therefore would allow for two houses to be built. Ms. Miller stated so the property will be split for two lots and asked if there would be any farming on the lot. Mr. Jordan stated they would not be farming on the lot.

Ms. Milter asked how the splitting of the lot would affect the property values for the remaining area. Mr. Kabler stated property in Harlem Township continues to increase in value.

Mr. Kabler stated if the zoning is approved the applicant can split the lot. The Master Plan for Harlem Township allows for this area to be set up for .5 houses per acre. The minimum lot size requirement is two acres exclusive of the road right of way and easements.

Bill Schwartz, 15871 Robins Road, stated so the lot split could go to three lots. Mr. Nied stated the applicant would have to have enough road frontage to allow for three lots. Mrs. Jordan

stated the stream divides the property in half so there is only room for two lots.

Ms. Miller stated she is the property beside this lot and part of the front lot is her land. Ms.

Miller stated her lot is also split by the stream. Mr. Kabler stated the land survey gives the

boundaries of the property. The lines for this property are straight on all four sides.

Ms. Miller asked If they would have farm animals such as chickens. Mrs. Jordan stated there

would absolutely be no chickens. Mr. Kabler stated Farm and Agricultural land allow for farm animals but Farm Residential has more restrictions than Agricultural. Local zoning cannot place restrictions on Agricultural Land but can place tighter restrictions on Farm Residential zoning.

Mr. Nied stated he would like it noted that the flow of the stream that crosses both properties cannot be diverted.

Mr. Kabler asked if there were any other comments from the public. Being none, Mr. Kabler

closed the public portion of the hearing.

Mr. Kabler reopened the hearing to Commission members for final comments and concerns.

Mr. Nied asked if David or Laura Boley were present at tonight's hearing. The Boleys were not present.

Ms. Manson asked if a soil inspection had been done for the placement of a septic system. Mr. Jordan stated they had a soil inspection done for both sides of the stream.

Mr. Czako stated that in as much as application HTZC 18-02 conforms to the intent of the

Harlem Township Comprehensive Plan and appears to meet all applicable aspects of the Harlem Township Zoning Resolution, I move that the Harlem Township Zoning Commission recommend to the Harlem Township Board of Trustees said application be approved. Ms. Manson

seconded the motion.

Mr. Kabler stated he had a motion and a second that in as much as application HTZC 18-02

conforms to the intent of the Harlem Township Comprehensive Plan and appears to meet all

applicable aspects of the Harlem Township Zoning Resolution that the Harlem Township Zoning Commission recommend to the Harlem Township Trustees said application be approved.

Mr. Kabler asked if there was any discussion on the motion. Being none, Mr. Kabler asked for a roll call vote on the motion. Robin Lobenstein, aye. Joni Manson, aye. Mike Kabler, aye. Alan Czako, aye. Tom Nied, aye. Motion carried.

Mr. Kabler stated the application would be forwarded to the Township Trustees. The Trustees will meet in November and will set a hearing date, possibly for their meeting In December. If

the Trustees approve the recommendation there would be a 30 day waiting period to allow for the residents to file for a referendum. Ater the 30 day waiting period the zoning goes into

effect and the applicant can meet with the Zoning Inspector and receive their zoning permit.

Mr. Kabler asked if there were any other questions. Being none, Mr. Kabler adjourned hearing HTZC 18-02 at 8:05 p.m.

Respectfully submitted,

Sherrie Steele, Secretary