May 6, 2019 - Hearing 19-09
Harlem Township Zoning Commission 3883 South State Route 605
Galena, Ohio 43021
May 6, 2019
Chair, Mike Kabler, called hearing HTZC 19-09 to order at 7:45 p.m. Mr. Kabler asked for a roll call of members.
Members Present: Alan Czako, Joni Manson, Mike Kabler
Members Absent: Robin Lobenstein, Tom Nied
Alternate Present: Bill Needham
Secretary: Sherrie Steele
Zoning Inspector: Not Present
Public Present: Karen Coffman, 173 N. Sandusky St., Delaware, OH 43015
Tim Dickens, 1876 Africa Road, Galena, OH 43021
Matt Kea, 1 W. Winter St. Suite 410, Delaware, OH 43015
Mr. Kabler introduced Commission members and the secretary. Mr. Kabler next explained the hearing rules and procedures. Mr. Kabler opened the hearing and asked the secretary to read
the notice published in the Delaware Gazette.
The Harlem Township Zoning Commission is being asked to consider the following:
Star/all LLC, 1876 Africa Road, Galena, Ohio, Is seeking to rezone 9.513 acres from Current
Zoning, AR-1 Agricultural Residential to FR-1 Form Residential.
There is no physical address for the property. The property is listed at PIO# 316-430-02-016-
021, on Fancher Road east of State Route 605.
The hearing will be held on Monday, May 6, 2019 at 7:45 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 applicant or agent had signed the application. The secretary stated the application had been signed by the agent, Karen
Mr. Kabler asked the secretary what the specific zoning request was. The secretary stated to
rezone 9.513 acres from Current Zoning AR-1 Agricultural Residential to FR-1 Farm Residential.
Mr. Kabler asked Commission members if the correct 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 that all adjacent, adjoining, contiguous property owners had been notified by first class mail. The secretary stated she had received three letters back. The first letter was to Lemuel Repass II. The secretary stated she had put the incorrect
zip code on the envelope but had reissued the letter with the correct address. The secretary
stated she had also received return letters from Renee French and Larry French. The secretary stated the letters had been returned as the house on the property had been torn down. The
secretary stated she had checked the auditor's webs1te for a tax mailing address and it listed
the address as 13030 Fancher Road the address the original letters had been sent to.
Mr. Kabler stated he had received an e-mail from Tom Nied. Mr. Nied stated he had accessed the Delaware County Recorder's website this morning and found 3 property transfers in the past 2 months that have an impact on the 2 Starfall parcels that are the subject of tonight's hearings. Mr. Nied stated the 3 property transfers are adjoining or adjacent properties. Mr. Nied stated two of these sales pre-date the date of the rezoning applications and should have been known by Karen Coffman and should have been on her list of notified parties. Mr. Nied stated in his e-mail that not all property owners had been notified. Mr. Nied stated he would object to holding the hearings as scheduled and would vote against approval.
Ms. Manson stated she had also found a property owner on the Franklin County side of the property being considered for rezone that had not been notified. The property is within the 200' buffer zone and is owned by Hodges.
Mr. Kabler stated the applications were received on April 8, 2019.
Ms. Coffman stated the three properties that Mr. Nied had questioned were transferred after the application was submitted on April 8, 2019. Ms. Coffman stated the list was created a few days prior to submission with the help of Jon Trainer. Ms. Coffman stated Mr. Trainer had reviewed the list before he left the Country.
Commission members discussed that the use of the 200' buffer on the GIS DAUS is not the actual adjacent, adjoining, contiguous property owners.
Mr. Kabler stated the Commission would come back to this issue after they finish the application procedure check.
Mr. Kabler asked the public 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 public. The secretary stated there were no waivers.
Mr. Kabler asked Commission members if there were any other errors noted. Commission members found no other errors.
Mr. Kabler asked for the recommendation from Delaware County Regional Planning Commission. The secretary read the recommendation into the record.
Staff recommends Approval of the rezoning request by Starfo/1 LLC (9.512 ac.) from AR-1 to FR-1 to the DCRPC, Harlem Twp. Zoning Commission and Harlem Twp. Trustees.
The secretary stated there were no conditions listed.
Mr. Kabler then opened the hearing to Commission members and asked if they had any questions for the applicant. Commission members had no questions for the applicant.
Mr. Kabler opened the hearing to the public for comments and questions. There were no questions or comments from the public. Mr. Kabler closed the public portion of the hearing.
Mr. Kabler reopened the hearing to the Commission. Mr. Kabler stated there was one issue of concern regarding the property owner on the Franklin County side that had not been notified of the hearing. Mr. Kabler asked Commission members if the Commission should move forward on the matter or should they stop at this point and notify the Franklin County property owner.
Mr. Czako had pulled up the Franklin County Auditor's website and stated he had verified that the property owner in question was close but was not contiguous.
Ms. Coffman stated that Delaware County creates a mailing list for the applicant. Franklin County does not create a list and therefore the list is visiual.
Mr. Needham questioned the use of the 200' buffer.
Mr. Czako stated what was presented to the Commission meets code regulations but does not meet past practices.
Mr. Kabler referred to the Harlem Township guidelines, item #3, and stated the guidelines do not specify the 200' buffer.
Mr. Czako stated the review of the map on line is in compliance with the code but not the 200' buffer.
Mr. Kabler asked Commission members how they would like to proceed. Mr. Czako stated ln as much as application HTZC 19-09 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 Townshlp Zoning Commission recommend to the Harlem Township Board of Trustees said application be approved. Mr. Needham seconded the motion. Mr. Kabler stated he had a motion and a second and asked if there was any discussion on the motion.
Ms. Manson stated she is still uncomfortable with this and would prefer the Commission table the hearing until the Hodges property owner Is notified of the hearing.
Mr. Kabler stated the Commission would need to put language of the 200' buffer notification requirement in the Zoning Resolution and the Procedural Guidelines to enforce this issue. Mr. Czako agreed the issue of the 200' buffer needs to be clarified in the code and guidelines.
Mr. Czako and Mr. Needham agreed they are okay with the application the way it is. Mr. Kabler stated he was okay with this as well.
Mr. Kabler asked the secretary for a roll call vote on the motion. Bill Needham, aye. Mike Kabler, aye. Alan Czako, aye. Joni Manson, nay. Motion carried.
Mr. Kabler stated the application would be forwarded to the Trustees who will meet on May 15, 2019. The Trustees at that time will set a hearing date and time for their decision on the application. If the Trustees approve the application there will then be a 30 day waiting period to allow for public referendum.
Mr. Kabler adjourned hearing HTZC 19-09 at 8:24 p.m.
Sherrie Steele, Secretary