May 6, 2019 - Hearing 19-10

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

May 6, 2019

Chair, Mike Kabler, called hearing HTZC 19-10 to order at 8:25 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.

PUBLIC NOTICE

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

Star/all LLC, 1876 Africa Road, Galena, Ohio, is seeking to rezone 12.062 acres from Current

Zoning, AR-1 Agricultural Residential to FR-1 Farm Residential.

There is no physical address for the property. The property is listed at PID# 316-430-02-016-

022, on Fancher Rood east of State Route 605.

i

The hearing wll be held on Monday, May 61 2019 at 8:00 p.m. at the Harlem Township

Firehouse, 3883 South State Route 6051 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

Coffman.

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

rezone 12.062 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 website for a tax mailing address and it listed

the address as 13030 Fancher Road the address the original letters had been sent to.

Mr. Needham noted that the Commission had changed property owner from number 28 to 31 the same as on the first application.

Ms. Manson stated she had the same concerns with this application as with the first application that the property owner Hodges on the Franklin County side had not been notified of the hearing.

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 Recommendations

Staff recommends Approval of the rezoning request by Starfa/1 LLC (12.062 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.

Ms. Manson asked where the driveways would be placed for this parcel. Ms. Coffman stated the driveways had not yet been planned out. Once the property is rezoned the location of the driveways would be confirmed. Ms. Manson voiced concerns of the intersection and traffic accidents. Ms. Coffman stated that all the driveways would come off of Fancher Road and there would be no driveways coming off of State Route 605.

Mr. Needham voiced concerns of the sight distance. Ms. Coffman stated the speed limit on State Route is 55 MPH unless it is posted otherwise. Ms. Coffman stated the Delaware County Engineer would look at all of this and if regulations are not met there would be no signature from them.

Mr. Kabler stated there is currently a study underway for a traffic light for that intersection. Mr. Kabler stated however, that is not a zoning decision but a decision for the County and ODOT.

Mr. Kabler then opened the hearing to the public for comments and questions. There were no comments or questions from the public. Mr. Kabler reopened the hearing to the Commission for final comments and concerns.

Mr. Czako stated that in as much as application HTZC 19-10 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. 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. Being none, Mr. Kabler asked for a roll call vote on the motion. Joni Manson, nay. Bill Needham, aye. Alan Czako, aye. Mike Kabler, aye. 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 19-10 at 8:41 p.m.

Respectfully submitted, Sherrie Steele, Secretary