February 11, 2019 - Hearing 19-04

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

February 11, 2019

Chair, Mike Kabler, called hearing HTZC 19-04 for Starfall, LLC to order at 9:00 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: Robin Lobenstein, Joni Manson, Mike Kabler, Alan Czako, Tom Nied Bill Needham

Sherrie Steele

Not 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

Robin Lobenstein, Joni Manson, Mike Kabler, Alan Czako, Tom Nied Bill Needham

Sherrie Steele

Not 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

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 on Monday, February 11, 2019 at the Harlem Township Firehouse, 3883 South State Raute 605, Galena, Ohio 43021 as fallows:

Tract 5, Application H1ZC 19-02 at 7:00 p.m. Tract 6, Application H1ZC 19-03 at 8:00 p.m. Tract 7; Application H1ZC 19-04 at 8:30 p.m. Tract 8, Application H1ZC 19-05 at 9:00 p.m.

The hearings are open to the public.

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

Township Firehouse, 3883 Sauth State Raute 605, Galena, Ohio 43021.

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 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 10.838 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 if the 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 as in the

previous hearing 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 how the lot would be further split. Mr. Dickens stated there would be 2 lots in the front and 3 in the back. Mr. Nied stated that was due to the road frontage. Mr. Dickens stated that was correct. Mr. Kabler stated any further lot splits would be handled by Delaware County Regional Planning Commission. Mr. Kabler stated DCRPC meets once a month if anyone from the public is interested in attending. Their meetings are posted on their website.

Richard Gray, 13701 Bevelheimer Road asked ifthere would be wells or water on the lots. Dickens stated the water would be furnished by Del Co Water.

Marlene Schiefer, 5350 Green Cook Road, asked who has the final say on this, the Trustees or Regional Planning. Mr. Kabler stated the Trustees will hold a hearing to approve or deny the

rezoning of the land. Mr. Kabler stated the Trustees do not handle the lot splits, that is handled by Delaware County Regional Planning Commission. Mr. Kabler stated Mr. Dickens can sell the entire lot or he can split the lots.

Ms. Manson stated the Zoning Commission and the Trustees have no say on the splitting of the lots.

Mrs. Shiefer stated she still has concerns of traffic issues. Ms. Manson stated traffic concerns are addressed through the County and Regional Planning. Ms. Manson continued the Trustees can consider the safety and welfare of the Township.

Mr. Kabler stated if the Trustees approve the application the public has an opportunity to send the decision to referendum. A referendum requires 8% of the registered voters of the

Township to sign a petition. The petition is then presented to the Board of Elections to be

placed on the ballot. The Board of Elections must verify the signatures and that they were

legally obtained and the matter is then placed on the ballot. Mr. Kabler stated if anyone has

concerns they should come to the Trustees hearing and present their case to the Trustees. The Zoning Commission only makes a recommendation to the Trustees and they can approve or

overturn the recommendation.

John Kopec, 13492 Center Village Road, stated the reason the Township has remained rural to this point is there is no sewer in the Township. This property borders New Albany. Ms. Manson stated the border of New Albany is only as far as Walnut Street. From Walnut Street to the

County line is a part of Plain Township. Ms. Manson continued it is possible that the City of

Columbus could end up with the land from Walnut Street to Bevelheimer. Mr. Kopec stated

that would allow for the potential of annexation. Ms. Manson stated annexation would be with the City of Columbus. Ms. Manson stated there is a deal between New Albany and Columbus that allows New Albany to go east and Columbus to go north of Walnut Street. Mr. Kabler

stated there is an agreement between Delaware County and the City of Columbus.that

Delaware County will provide the sewer lines and Columbus will dispose of the waste.

Mr. Kabler asked if there were any further comments from the public. Being none, Mr. Kabler closed the public portion of the hearing and reopened the hearing to Commission members for comments and questions.

Mr. Nied asked about utilities for the parcels and stated the frontages for the 5 acre lots are

close to the minimum frontage required. Was net acreage looked at as carefully.

Mr. Dickens stated they did consider net acreage. Mr. Dickens stated water would be provided by Del Co Water. Aspire Energy would provide gas to the parcels. There is currently a gas line that was run along Fancher Road. Electric will be provided by Consolidated Electric and cable is through Spectrum. Mr. Nied asked other than water would any of the lines be underground. Mr. Dickens stated that would be the lot owners' decision.

Mr. Kabler asked if there were any other comments from Commission members.

Mr. Czako state he would like to make a motion that in as much as application HTZC 19-04

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 who will meet on

February 20, 2019. Mr. Kabler stated the Trustees would set a date and time for their hearing at their February meeting. Mr. Kabler stated if anyone would like to know of the hearing date they can contact the zoning secretary, the Township Fiscal Officer or the Zoning Inspector.

Mr. Kabler adjourned hearing HTZC 19-04 at 9:27 p.m.

Respectfully submitted,

Sherrie Steele, Secretary