February 11, 2019 - Hearing 19-03

Harlem Township Zoning Commission

3883 South State Route 605

Galena, Ohio 43021

February 11, 2019

Chair, Mike Kabler, called hearing HTZC 19-03 for Starfall, LLC to order at 8:00 p.m. Mr. Kabler asked for a roll call of members.

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

Alternate Present: Bill Needham

Secretary: Sherrie Steele

Zoning Inspector: Not Present

Public Present: Phyllis Davidson, 4884 Green Cook Road, Westerville, Ohio 43082

Marcia Vargo, 12514 Fancher Road, Westerville, Ohio 43082

Lou Vargo, 12514 Fancher Road, Westerville, Ohio 43082

Valerie Pederson, 13245 Woodtown Road, Galena, Ohio 43021

Roger Cherry, 12793 Fancher Road, Westerville, Ohio 43082

Tom Tomastic, 10811 Keller Pines Court, Galena, Ohio 43021

Judy Lovell, 5824 Miller Paul Road, Westerville, Ohio 43082

David Lovell, 5824 Miller Paul Road, Westerville, Ohio 43082

Bob Manns, 13189 Fancher Road, Westerville, Ohio 43082

Ruth Manns, 13189 Fancher Road, Westerville, Ohio 43082

Timothy Dickens, 1876 Africa Road, Galena, Ohio 43021

David Snyder, 13269 Bevelheimer Road, Westerville, Ohio 43081

Michael Chappelear, 6537 Bevelheimer Road, Westerville, Ohio 43081 John Johnson, 12737 Bevelheimer Road, Westerville, Ohio 43081

Lisa Johnson, 12737 Bevelheimer Road, Westerville, Ohio 43081

Steve Mosher, 13725 Bevelhymer Road, Westerville, Ohio 43081

Richard Gray, 13701 Bevelheimer Road, Westerville, Ohio 43081

Jordan Cordi, 13015 Fancher Road, Westerville, Ohio 43082

John Kopec, 13492 Center Village Road, Galena, Ohio 43021

Randy Schiefer, 5350 Green Cook Road, New Albany, Ohio 43054

Marleen Schiefer, 5350 Green Cook Road, New Albany, Ohio 43054 Bryn Smathers, 1150 Tranquil Drive, Worthington, Ohio 43085

Joe Cordi, 13015 Fancher Road, Westerville, Ohio 43082

Melinda Schlaegel, 3815 Green Cook Road, Westerville, Ohio 43081 Judy Bachman, 3141 Green Cook Road, Westerville, Ohio 43081

Ed Valeska, 3658 South State Route 605, Galena, Ohio 43021

June Jackson, 13938 Fancher Road, Westerville, Ohio 43082

Gary Jackson, 13938 Fancher Road, Westerville, Ohio 43082

Steve Morgan, 5945 Tarrycreed Drive

Brad Gamble, 13151 Fancher Road, Westerville, Ohio 43082

Mr. Kabler introduced Commission members and the secretary. Mr. Kabler explained the

hearing rules and procedures. Mr. Kabler opened the hearing and asked the secretary to read the publication notice.

PUBLIC NOTICE

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

Starfa/1 LLC, 1876 Africa Road, Galena, Ohio 43021, is seeking to rezone 4 Tracts from Current Zoning, AR-1 Agricultural Residential to Fr-1 Farm Residential.

There are no physical addresses for the parcels. The parcels are located on Fancher Road at the corner of State Route 605 South.

The hearings will be held an Monday, February 11, 2019 at the Harlem Township Firehouse, 3883 South State Route 605, Galena, Ohio 43021 as follows:

Tract 5, Application HTZC 19-02 at 7:00 p.m. Tract 6, Application HTZC 19-03 at 8:00 p.m. Tract 7, Application HTZC 19-04 at 8:30 p.m. Tract 8, Application HTZC 19-05 at 9:00 p.m.

The hearings are open to the public.

The application and accompanying documents are on display at the rear door of the Harlem

Township Firehouse, 3883 South State Route 605, Galena, Ohio 43021.

Mike Kabler, Chairman

Mr. Kabler asked the secretary ifthe application was on the correct form. The secretary stated the application was on the correct form. Mr. Kabler asked if the agent or applicant had signed the application. The secretary stated the agent had signed the application.

Mr. Kabler asked the secretary what the specific zoning request was. The secretary stated to

rezone 11.064 acres from AR-1 Agricultural Residential to FR-1 Farm Residential.

Mr. Kabler asked Commission members if the legal description was furnished in text and map and do they reinforce each other. Commission members found no errors.

Mr. Kabler asked the secretary ifthe adjacent, adjoining, contiguous property owners had been notified of the hearing. The secretary stated the adjacent, adjoining, contiguous property

owners had been notified of the hearing by first class mail. The secretary stated there had been no letters returned. Mr. Kabler asked if there were any non-notified property owners present. There were no non-notified property owners present. Mr. Kabler asked the secretary if there were any waivers for non-notified property owners. The secretary stated there were no

waivers.

Mr. Kabler asked if there were any other errors noted. Ms. Lobenstein stated that on the

property owners map there was only one parcel number shown for lots 5 and 6. The 1.34 acre lot has a parcel number of 316-430-03-011-000 that had not been listed. The owner of this

parcel was notified of the hearing because of ownership on an adjacent parcel.

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

Commission. The secretary stated the Delaware County Regional Planning Commission

recommended approval of the rezone.

Mr. Kabler asked if the Review Team had been utilized. The secretary stated the Review Team had been utilized.

At this time Mr. Kabler opened the hearing to Commission members for comments and

questions.

Ms. Manson asked if there would be Deed Restrictions to maintain current drainages that go east to west on the property. Mr. Dickens stated that Delaware County Soil & Water requires drainages will not be disturbed. Mr. Dickens stated there are no plans to make any changes to what currently exists. Mr. Kabler stated Delaware County Soil & Water are responsible for

ensuring that there is no negative drainage impact on neighbors.

Mr. Nied questioned if consideration would be given to shortening the properties that would touch the stream bed to the South of Tract 5 and Tract 6. Mr. Dickens stated soil tests would be done and the only parcels that would touch the stream bed would be Tract 5 and Tract 6. Mr. Dickens stated the boundaries that have been drawn will allow for the stream bed to stay.

Mr. Dickens stated the stream is a large stream and is not the size of a swale. There would be less chance ofthe stream backing up.

Mr. Nied asked how many lots Tract 6 would be divided into. Mr. Dickens stated there could be 5 lots. Three lots would be on the road and 2 flag lots in the back and that would be based on the soil tests. Mr. Dickens stated there are no Common Access Drives planned for these lots.

Mr. Kabler stated Fancher Road is a Class A road that requires 130' setback from the center line of the road. Frontage requirements for 2 acre lots are 175' and for 5 acre lots is 300' in FR-1.

Ms. Manson commented that traffic studies for the area would have been useful for this application.

Mr. Kabler asked Commission members if they had any additional comments at this time. Being none, Mr. Kabler opened the hearing to the public for comments and questions.

Mr. Kabler stated he had received an e-mail from a resident in the Keller Pines subdivision. Mr. Kabler read the e-mail into the record.

I am a Harlem Twp resident residing in the Keller Pines residential community along Harlem Road.

It has came ta my attention that a hearing has been scheduled with regard ta a proposed development of approximately 100 acres of farmland at the corner af State Route 605 and Fancher Road which has been purchased by Starfall LLC. I also understand that they have obtained approval from the County to divide the land into 12 separate parcels with eight af the 12 parcels ar tracts containing approximately 84 acres. I a Isa understand that Starfall has submitted a request ta re-zone 4 af these 8 parcels from AR-1 ta FR-1, which under the FR-1 zoning district the minimum lat size is 2.0 net acres; thus, there could be approximately 40 individual lots created on this 84 acres.

I would like to inform you that it is my desire for the zoning commission and the Harlem Twp trustees to support this proposal provided that the health, safety and welfare issued raised the by the Harlem Township Civic Association are properly addressed. I feel that this proposal is in the best interest of allowing for residential development while keeping the rural character of the township.

I would appreciate someone forwarding this email to trustee Dave Jackson since he has na email contact information.

Also, I understand that Tom Tamastic, a fell aw resident within the Keller Pines community will be attending the hearing on February 11 and I want you ta know that I am in support af any views or comments that he intends ta make at the meeting.

Thanks.

Larry Twyman

Mike Chappalear, 6537 Bevelheimer Road, stated that he did not feel flag lots are the way to go. Mr. Chappalear stated he recommends the hearings be tabled until all hearings can be heard at the same time. Mr. Chappalear stated he does not believe this is the idea the community wants for Harlem Township.

Mr. Kabler stated the Zoning Commission reviews the application and makes a recommendation to the Trustees as to whether the application should be approved or denied. The Trustees receive the recommendation and set a date for their hearing on the application. Mr. Chappalear asked if they would be notified of the Trustees hearing. Mr. Kabler stated the Trustees place an ad in the Delaware Gazette and post a notice on the back door of the

Firehouse. Mr. Kabler stated a letter is not sent out to the property owners.

Val Pederson, 13245 Woodtown Road asked why a soil test had not been done or a traffic

study.

Steven Mosher, 13725 Bevelheimer Road voiced concern of the pressure on Harlem Township

to grow the southern portion of Delaware County. Mr. Mosher stated he likes the look of the

lots that have been developed into large lots. Mr. Mosher stated he does not want to open the door to small lots of 2 acres but is okay with maintaining 5 acre lots.

Richard Gray, 13701 Bevelheimer Road, stated that from Harlem to State Route 62 they have

abided by larger lots. Mr. Gray stated the Township will be setting a dangerous precedent with lots of 2 acres and he would be more comfortable with lots of 3 to 4 acres.

Mr. Kabler stated that the Master Plan of 2007 proposed this area for residential lots of 2 acres. Mr. Kabler continued Mr. Dickens has a legitimate basis for the request from AR-1 to FR-1. Mr. Kabler stated the Zoning Commission has to look at the Zoning Resolution and Master Plan to

see if the zoning request meets those requirements.

Marleen Schiefer, 5350 Green Cook Road stated Fancher Road and State Route 605 is a

dangerous intersection. Mrs. Schiefer asked who requires traffic studies. Ms. Manson stated

that falls under the general welfare which is something the Trustees can consider. Ms. Manson stated she lives near this area and also has concerns of traffic.

Ms. Pederson stated she had asked earlier about soil and water tests as well as a traffic study

and did not get an answer. Mr. Kabler stated the Zoning Commission is aware of these

concerns. Soil and Water as well as septic are handled by the Delaware County Health

Department. Ms. Pederson asked if the flag lots would have mounds for the septic systems.

Mr. Kabler stated the issue of the type of septic would be determined by the Health

Department and the land owner. Mr. Kabler stated Mr. Dickens is selling the lots and septic

would be a matter for the Health Department.

Ms. Lobenstein stated Delaware County Regional Planning Commission approved the rezone of the land with no conditions.

Mr. Kabler stated any further lot splits once the rezone is approved is done through Delaware County Regional Planning Commission. Mr. Kabler stated the lots will be larger than 2 acres

due to right of way and easements.

Jack Johnson, 12737 Bevelheimer Road stated 605 is a State Route and has nothing to do with the County or the Township.

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

closed the public portion of the hearing and reopened the hearing to Commission members.

Mr. Nied stated that Karen Coffman came to the Commission with a first proposal for a possible Planned Residential District. This would allow for higher density with open space. Mr. Dickens stated that without sewer this was not feasible.

Mr. Dickens stated if the zoning is approved they will bring in a soil scientist. Mr. Dickens stated a property is required to have 2 septic systems and this is why the mound system will work.

The mounds are low and aesthetically pleasing.

Mr. Nied asked at what point the septic systems would be laid out. Mr. Dickens stated as soon as the land is rezoned the lots will be pinned then the layout for the houses will be done along with the 2 septic systems. This will all be done before the lot division goes to Delaware County

Regional Planning Commission. Mr. Dickens stated it comes down to what everyone wants on their own lot. Each lot will have its own septic. There will be no shared systems.

Mr. Nied stated he would like to see Mr. Dickens reconsider turning the northern portion from 2 acre lots to Sacre lots. Mr. Dickens stated that is not financially possible.

Mr. Kabler stated he would like to have seen the land developed as a planned district as well. Mr. Kabler stated the township cannot require Mr. Dickens to do this.

Mr. Nied asked if the Commission could recess and make a motion for Tract 6 when they make a motion for Tract 7. Mr. Kabler stated they needed to make a decision now. Mr. Kabler asked Commission members if they had any further questions or comments.

Mr. Czako stated he would like to make a motion that in as much as application HTZC 19-03

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

Mr. Kabler stated the application would be forwarded to the Trustees at their February 20,

2019 meeting. At that time the Trustees will set a date and time for their hearing on the

rezone. If the Trustees make a motion to approve the application there will be a 30 day waiting period before the zoning goes into effect. This 30 day waiting period allows for the option of registered voters to place a referendum on the ballot.

Mr. Kabler adjourned hearing HTZC 19-03 at 8:S9 p.m.

Respectfully submitted,

Sherrie Steele, Secretary