Pulte/Hagy Rezoning to Urban Development

We are organizing to oppose Pulte’s special urban style rezoning of the Hagy Farm located on Palmer Rd. west of Mink St. in Etna, OH. This area is planned rural development. We are not against development, just this special urban development requested in our rural area. Also, the use of the PMUD (Planned Mixed Use Development) Zoning is improper for a residential only development. If this is allowed, this will set a very bad precedent. What developer wouldn’t do the same to the other land available?

Etna Township passed this rezoning on 4/28/21. We submitted our Petition for Referendum on 4/25/21 to place this on the ballot for 11/2/21. Etna Township certified the petition on 6/8/21 and sent it to the Board of Elections. The Board of Elections certified the referendum on 7/9/21 at which time Pulte initiated a protest. On 8/6/21 we won the protest hearing keeping it on the ballot!


A PAC (Political Action Committee) named We Love Etna was created to promote the NO Vote for the rezoning on the November 2nd ballot. To be clear, a NO vote is needed to vote down the rezoning passed by Etna Township Trustees. More information on the PAC can be found at WeLoveEtna.com

http://www.WeLoveEtna.com

To stop the rezoning, you must vote NO on the ballot issue. Paid for by We Love Etna

We have covered all legal fees! Thank you for your support. There was no Supreme Court filing so the referendum is on the November 2nd ballot!

The Licking County Board of Elections referred the conduct of Andrew King and his false affidavit to the prosecutor’s office for investigation and review. Due to a conflict, the Licking County Prosecutor transferred it to the Coshocton County Prosecutor.


We need $4,492.76 more in donations to cover the legal fees of this winning fight! ($2,246.38 with the matching funds).

We received the final bill for the referendum fight. The total cost to fight back Pulte/Hagy from removing this from the ballot came to $25,727.42. We had already paid $10,000 leaving a balance due of $15,727.42. We have a reserve of $6,727.91 donated which will be forwarded to the attorneys leaving a balance of $4,492.76.

These legal fees were a huge increase due to not only the absurdity of Pulte/Hagy with their unfounded motions, claims and tactics, but the filing of a false affidavit by a connected attorney and Granville resident (Andrew King) in which he lied stating there were no resolution or exhibits attached when he signed (again he was a Granville resident signing our Etna registered voter only petition) caused enormous additional fees defending the claim and proving it was false.

We clearly showed Andrew king lied in his affidavit through identifying indent writing that pressed through the signature pages into the Resolution and Exhibits he said were not there when he signed. The Board of Elections is even considering forwarding this to the prosecutor at their upcoming 9/1/21 meeting.

Even with the generous matching donation offer up to $7,500 made on 8/4, we are $4,492.76 short of our legal expenses. $4,506.75 came in since that matching offer. We can fully fund the fight that kept this referendum on the ballot (WE WON AND YOU CAN VOTE), we need another $2,246.38 in donations (with the matching donation covering the rest).
We fought hard against people willing to strip you of your right to vote on this matter and one attorney that would lie on an affidavit to stop your vote.

I have put over a thousand of hours into this effort over the last year and a half and have sacrificed much to protect our township from this improper rezoning. I am asking that you please support the effort with any contribution you can make to reach our goal. It would be greatly appreciated.

I will be uploading the protest hearing video this week for all to see the absurdity we had to fight against. There is about 7 hours of video I am editing, taking out the breaks to make it a bit more watchable and adding descriptions to the sections.

PLEASE DONATE NOW!

https://www.gofundme.com/f/pultehagyfarmrezoning


Or a check can be mailed to NEACA, 91 Olde North Church Rd., Etna, OH 43147 (memo referendum) 


The referendum is on the ballot!




UPDATE….. we have a matching funds supporter which will match all donations to help us defend the referendum and your right to vote on it up to $7500. That means we could raise the $15,000 we need to cover the legal costs!
 
We need referendum donations.
 
I just talked our attorney who is defending the referendum. Pulte is continuing to fight this aggressively and beyond reason. This is causing our attorney to respond bringing more fees. We need a total of $10,000-15,000 to finish this fight. We need this quickly too.
 
Please consider a donation or an additional donation if you have in the past. If we cannot finish this fight, it would have been for nothing and they win. We cannot let this happen.
 
Also, talk to others that support our effort and ask them to donate. It’s now or never.
 
The following is a link for online donations, or a check can be made to NEACA (memo referendum) 91 Olde North Church Rd, Etna, OH 43147.
 
We are winning this, we just need to finish it. Thank you!

https://www.gofundme.com/f/pultehagyfarmrezoning


Protest Hearing set for Friday 8/6 at 10am, Licking County Board of Elections

This is a public meeting in which Pulte will try to get the Board of Elections to remove the referendum from the ballot. Our attorney will defend the referendum to keep it on the ballot and allow the residents to vote on the rezoning.

Numerous people have been subpoenaed and evidence will be presented. Pulte issued 10 subpoenas which were overreaching. Our attorney issued one initial subpoena for the individual that filed the false affidavit, Andrew King. 

Depending on how the board votes, this could go to the Secretary of State (in case of a tie). It will likely proceed to the Ohio Supreme Court for a final decision based on how Pulte/Hagy are proceeding. Pulte/Hagy’s attorneys are doing everything they can to remove this from the ballot and not allow you to vote on this.

The address for the hearing is 20 S Second Street, Newark, OH.

WE NEED YOUR SUPPORT. PLEASE DONATE TO HELP US DEFEND THE REFERENDUM!

https://www.gofundme.com/f/pultehagyfarmrezoning


We need your support! Donate!

https://www.gofundme.com/f/pultehagyfarmrezoning

Pulte and Hagy are fighting our referendum to keep it off the ballot and not allow YOU to have a voice in the rezoning as should be. We have retained a law firm who is representing us and defending the referendum. They will be present at not only at the contested hearing at the Board of Election but at the Ohio Supreme Court.

We have raise approximately $12,000 so far but litigation is expensive. We estimate to need another $10-15,000 for a full fight.

Please donate today! We have set up a GoFundMe account through which you can donate. You can also mail/drop off a check made payable to NEACA (New England Acres Civic Association) with referendum in the memo. NEACA, 91 Olde North Church Rd., Etna, OH 43147. All donated funds and referendum expenses are accounted for separately.

Please donate $50, $100, $250 or $500+ to this critical effort. If we do not take a stand now, the developers and their trustees (Carlisle’s re-election fundraiser was full of developers and their attorneys), there will be nothing stopping them from doing anything they want using the PMUD zoning in residential areas.

If you don’t take a stand now and donate, it will be too late in the future to make a difference. We must see this through to the end. Pulte and Hagy are counting on us not being able to fight. Let’s show them they are wrong!


The mailer against the referendum by the PAC created by the Etna Zoning Commissioner’s husband shows it was paid for by Charles Hagy, landowner who is suing to stop the referendum.

And they claim to represent the residents?!? They are supporting the landowner and developer, not residents. Shameful.


See full story at link below…

https://www.newarkadvocate.com/story/news/2021/07/10/etna-township-referendum-certified-ballot-but-protest-hearing-set/7917080002/?fbclid=IwAR2e6ydt2n9Oh55DHbZlueqGoyl0Sqed6YQdtS9uWFcjtlLFJE_vnb6Dny8


7/9/21 Licking County Board of Elections Certification Meeting

The Board of Elections will be taking up the certification of the petition for referendum we have submitted. It should be non-eventful. However, as Pulte/Hagy’s attorneys tried at the township meeting, they will try to turn this into a circus and get the board to not certify. If their attorneys disagree, it should be taken up at a protest hearing (which they already said they would protest).

Our attorney and I will be present at this meeting. I will also be live-streaming to allow everyone to see the proceedings. I know many have asked about attending the meeting, but the venue is small. Live-streaming will allow everyone to witness the proceeding and not crowd the space. If for some reason the live-stream fails, I will upload the video soon after the meeting. The BoE has already indicated they would work with me by providing Wi-Fi access to stream.

The Pulte/Hagy attorney has sent more documents today to the BoE to try and sway the board. They are grasping at straws and make false claims and reference a false affidavit submitted by a Granville resident that has dubious connections. I have included photos of their letter. Why are they fighting so hard to keep you from having a vote?

I look forward to the protest hearing that will likely be held at the end of July or early August. There will also be a preliminary hearing tentatively set for July 15th. We will knock these attempts down to keep you from voting on this rezoning. I believe we can conclusively prove not only that Andrew King lied on his affidavit but the claims made by Pulte/Hagy’s attorney are false and without merit.

However, I am sure they will appeal this all the way to the Ohio Supreme Court to keep you from having a say in this matter. We have an experienced and capable law firm fighting for us but it is expensive. While we raised some funds, we need more support! Please make a donation towards the legal defense of this referendum.

If we don’t take a stand now, this will set a bad precedent. Doing nothing will help them defeat us. Please support the referendum!
https://www.gofundme.com/f/pultehagyfarmrezoning


6/8/21 Pulte/Hagy are fighting the referendum.

After a contentious meeting, the township has certified the petition and is forwarding it to the Licking County Board of Elections. They will also forward under separate cover, numerous “exhibits” provided to them from Pulte/Hagy’s attorneys.
 
Pulte & Hagy are trying to keep Etna residents from being able to vote on the rezoning this November by stopping this referendum. They don’t want you to have a voice in the matter.
 
Pulte/Hagy attorneys claimed those signing the petition for referendum were misled, based their decision on false information, stated a petition circulator was not from Licking County, petition was incomplete, among other specious arguments. They asked the trustees to not certify the petition and thus end the referendum. They don’t want to let you vote on it because they are afraid people want to protect our township and they will lose their development.
 
After a brief recess for the trustees to talk to the Licking County Prosecutor, the trustees came back and indicated they are not triers of fact and will proceed to certify the petition. This should have been a simple meeting. Apparently, once we turned in the petition, Pulte/Hagy were given it and started the attack.
 
One supporting Pulte/Hagy in attendance was Craig Zacher, the individual who mailed the postcard and started “Etna Residents for Responsible Growth”. He was seen in close discussion with the Pulte and Hagy team as well as shaking hands with Pulte’s Matt Callahan during the break outside. I’m not sure who the “residents” are his group is representing, it looks more like the developers he is siding with. As stated previously, he is also husband to the Etna Zoning Commission Member who voted for the rezoning.
 
Once at the Board of Elections, they will verify signatures and certify the petition. It will be at that time, Pulte/Hagy will challenge it. Our attorney will defend it. Depending on the outcome there, it could (and likely will be) appealed to the Ohio Supreme Court.
 
We are in for a fight and we need your continued support. We have raised some funds to cover costs but not enough for the full fight. Please donate what you can so that we can continue to defend the referendum and allow residents to have a say. So much time, effort and funds have already been expended protecting our township from this higher density development, we need to see this through and defend this referendum!
 
Please click below to donate.
 

Etna Township Trustee Special Meeting – Certification of Petition for Referendum (Other township matters edited out. Full meeting video available.)
Resolution by Etna Township Trustees Certifying the Petition for Referendum


The following article shows why we are trying to protect against this higher density rezoning.

See full story at the link below…

https://www.newarkadvocate.com/story/news/local/pataskala/2021/05/28/southwest-licking-schools-study-housing-boom-swell-enrollment/7414952002/?fbclid=IwAR3DsP5WUZUs6M7fLgUaqqbxhLIjwg7GpVln2qShjqybAu0Gt9rnd7VNENE


This mailer was sent out by a PAC started by the husband of a current Etna Township Zoning Commission member. It is not accurate. Here is a brief explanation as to the inaccuracies. You have to ask yourself, why are they fighting so hard to stop the residents from having a vote?

https://www.newarkadvocate.com/story/news/local/pataskala/2021/05/29/referendum-effort-halt-pulte-development-hits-petition-goal/7452445002/?fbclid=IwAR3QphT0wbqA-VPflGlnsGbzLpR-P9zB0d4y72pdx9uFpjtFYI–hwn32ic


We did it and in record time! The petition for referendum is complete!
 
We only needed 298 signatures to place the rezoning on the ballot. We obtained 604, double the required, in just over two weeks. 
 
We could have gotten more but due to the townships prior delay and their now refusal to accept the petitions on the Friday 5/28 deadline, we were forced to submit them early on Tuesday/Wednesday. Our plan is to submit them to the township Tuesday to avoid any issues Wednesday if there is no one in the office to accept them.

THANK YOU TO EVERYONE THAT CAME OUT AND SIGNED TO GET THIS ON THE BALLOT AND THE VOLUNTEERS THAT HELPED COLLECT SIGNATURES.

The next step will be the certification by the Board of Elections. We will see if Pulte challenges the petition. Hopefully they will honor the will of the residents. If they do challenge, our law firm is ready to defend it, all the way to the Ohio Supreme Court if necessary.
 
I will post any updates as they occur. You can also check out Keep Etna Rural on Facebook for updates and other information on this and other development concerns in the area.
 
Let us all continue to work towards protecting our township, schools and ensuring responsible development for not only us but future generations in our township.

Referendum Signature Drive

The first few events were a success getting us to 62% of our goal. Now we must collect the rest.
WE NEED YOU TO COME AND SIGN IF YOU ARE AN ETNA REGISTERED VOTER!
(If you are not registered, you can register on site.)
 
 
(Added Date)
Sunday, May 16th, 9am – 3pm
Etna Park (310 & Pike St)
950 Pike St, Etna, OH 43018
 
 
#4
Thursday, May 20th, 4:30-7:30pm
Cumberland Crossing Neighborhood Green Space
Corner of Cumberland Crossing Dr & Addax Dr/Copland Dr
This event coincides with the Taco Mania food truck that will be on site. Food truck hours may be different. We are not affiliated with the food truck.

Visit link below for full article…..

https://www.dispatch.com/story/news/local/pataskala/2021/05/10/opponents-etna-township-housing-launch-referendum-effort/5027194001/?fbclid=IwAR2II877JGynUrIgrRcHlBbu6qvNTm6V8mcWZJxD9XkosYywJcaGQ2QgGB0


Referendum Signature Drive

Saturday, May 8 10am-2pm

950 Pike St, Etna, OH


Well, they passed the rezoning calling it a “model” for the area. They have ignored the Comprehensive Plan and existing zoning to shove this through.

We are proceeding with the petition for referendum. Unfortunately, the township is not providing a copy of the resolution so that we may collect signatures to place this on the ballot this November for the residents to decide, instead of just three people.

As on Monday 5/3 at noon (5 days after passage), Etna Trustees are still withholding the production of the resolution passed on 4/28 regarding the Pulte rezoning. Without this, we cannot proceed with the petition and it eats into our 30 days to secure signatures.
 
The trustees have also ignored our attorney’s request for the document.
 
This is not how you serve residents. I am shocked but not surprised by these actions.
They may want to update the Etna Township website…. they are definitely following what they say:
 
“We, the Etna Township elected officials, employees, and appointed board members are here to serve YOU and to operate our local government in the best interest of the entire Etna community.”
 
Walter Rogers, Etna Fiscal Officer, said “sue me”. We may just have to!
 
[UPDATE]: We still have not received a copy but at least the township replied Monday at 12:34pm. I find it shocking it would take them a week to provide this when I have indicated during the entire process, this would be needed. Our attorney indicated it is typically provided that evening or the day after.
 
According to the township, it will be provided as soon as tomorrow or as late as Wednesday. Unbelievable. This was approximately the same time frame for Hagy to request his road extension and them to begin paving it. They can move quickly when they want. They were well aware of the request before the 4/28 meeting and that evening. In my opinion, this was a deliberate delay, especially after what Mr. Rogers said the night of the meeting. Here is the townships response:
 
Dear Mr. Clinger and Mr. Colombo,
I am in receipt of your public records requests dated April 29 and May 3.
I am the sole individual tasked with responding to public record requests. I was not in the office on April 29 or April 30. I am not in the office on May 3. Accordingly, I do not have access to the records. However, I will provide the records to you as soon as I have access to the same, which I anticipate to be as soon as May 4 or as late as May 5.
Sincerely,
Laura Brown
Secretary
Board of Trustees

Great article on the passage of the rezoning, our effort for the referendum, the tentative May 8/9th drive in petition signing (depends if Etna finally complies with production of documents, our attorney is working on that) and the school’s reaction.

Tentative Drive-in petition for referendum signing (Registered Etna Township voters only can sign, others can volunteer):
Saturday and Sunday, May 8th & 9th at Etna Square (High Point Park), 950 Pike St, Etna, OH. (Adjacent to Etna Township Hall)
Hours and more information to be announced. If you would like to volunteer to help with the referendum process, please contact Mark Evans at mark.evans@newenglandacrers.com or 614-831-1600 call/text.
You can also donate funds towards the referendum and likely challenge defense at gofundme.com/manage/pultehagyfarmrezoning

Etna trustees OK Pulte residential plan in Licking County; opponents vow referendum effort

https://www.newarkadvocate.com/story/news/local/pataskala/2021/04/30/etna-trustees-ok-pulte-development-opponents-vow-referendum-effort/7399611002/?fbclid=IwAR2QiF2cgQcM5N8Y_vIWd2vgyNrgDyjr679kLDe3QtgIkoEJ8hvj0QCHK-U


Pulte Rezoning Final Meeting!

Wednesday, April 28, 2021 5pm – Etna Garage
 
They were all set to vote on this Monday but Pulte couldn’t commit at that time to a building schedule. Carlisle did everything he could to get this pushed through in that last meeting.
 
They will approve this higher density development Wednesday!
 
It would be great to have a show of opposition at this last meeting. Once it is approved, we will move forward with the petition for referendum.
 
Anyone that can make this meeting, please do so! Let’s show the trustees they are making the wrong decision.

Hope to see you there!

4/26/21 Meeting Update: Trustee Carlisle did everything he could to get the rezoning passed Monday. Racing through the text (which he previously said would take 2-3 meetings and discuss the design elements). Instead, they struck most of the language I believe to push it through. Pulte couldn’t answer one question or make a commitment on the build timeline so it was continued to Wednesday.

It was so obvious the trustees are voting to approve. At the end, Trustee Foor asked Pulte to describe their “alternate” option under current zoning and threatened subsidized housing. This plan was not proper and did not meet the current zoning in my opinion. The Etna zoning inspector stated that Pulte could build over 170 units under current zoning yet in October of 2020, he stated it was 85-95. The real number I have calculated is 146-150ish depending on road layout and such. 

Carlisle asked Pulte if they could commit to limiting the houses built to a certain number a year to not flood the schools with students. Carlisle and the township still are not working with our schools. If he were interested in protecting the schools and preventing a flood of students and likely tax increase needed to fund them, he would abide by the current Comprehensive Plan and zoning.

We are moving forward with the petition for referendum once they approve. Stay tuned for the announcement on how you can sign to get this on the ballot for everyone to vote on, not just three people as they are doing.

Etna Township Pulte Rezoning Meeting

Monday 4/26/21 @ 5:30 pm, Etna Garage
 
They are getting ready to approve this, they just need to go over the text. I believe it may be today that they approve it (against the Comprehensive Plan and existing zoning.) The minimum lot size is 1/6 acre which is half of the 1/3 required. They have 276 lots, current zoning would allow 150!
 
The trustees comments about concern over lot sizes and rural areas apparently was just talk. They obviously have no intention of abiding by the Comprehensive Plan or current zoning. Further evidence of this is using the PMUD (Planned Mixed Use Development) which has no density or lot size restrictions. This isn’t even ‘mixed use”. They are bypassing regular zoning allowing them to make up what they want.
 
Three people are overriding and disregarding what a community, the zoning commission and Licking County Planning Commission worked on and decided over 3 years.
 
The text language also states the “emergency access only” stubs are to be reevaluated once fully built. Therefore, we cannot rely on them staying emergency access only.
I have included the updated plan along with text changes submitted by Pulte to the township.
 
If we do not hold the township and developers to our Comprehensive Plan and current zoning, what good is having it when three people can just decide to do what they please for several land owners and developers. We are not against development, just call for it to follow existing requirements and maintain the rural character of the township, as was planned. If we do not hold them accountable for this and other developments, our township and schools will be negatively impacted.
 
If approved, we plan to proceed with the petition for referendum and place it on the ballot for residents to decide. A resident near the JBW development (Adjacent to Cumberland Trails off 310) also plans of initiating a petition regarding that higher density development. It’s time we stand up as a community and fight this together. Otherwise, it won’t be long before the development or it’s impacts are at your door.
 
If you would like to assist in the petition for referendum by volunteering, signing or offering financial assistance, please contact me at 614-831-1600 or mark.evans@newenglandacres.com. We have an election law attorney retained to assist with the petition and any anticipated court challenge.
 
You can go to www.KeepEtnaRural.com for more information and gofundme.com/manage/pultehagyfarmrezoning to donate.
 
I have personally helped others in the area, include in Violet Township with their high density development concerns. The Violet Township Rockford development was ultimately turned down by their trustees. Unfortunately ours, will approve this despite the objections.
If you can make it to the meeting tonight to show them the community is still watching it would be appreciated. e this rezoning, if/when it is approved, on the ballot for township residents to vote on.
 
Again, we would appreciate your continued support to fight for our townships future. We will need to collect signatures and additional funds should they challenge the petition at the Board of Elections or Supreme Court.
 
You can contact me at mark.evans@newenglandacres.com or 614-831-1600.
Mark Evans, President NEACA
 

Etna Township Pulte Rezoning Meeting

Wednesday 4/7/21 @ 5pm, Etna Garage
We will see what Pulte comes back with after the last meeting and how the trustees react. As with Pulte, they indicated concern over the density on the JBW development by Cumberland Trails. Well, at the meeting last night for JBW, that concern seemed to wain as they seemed fine with 1/6 acre lots, 20′ back yards, 15′ between houses and 55′ wide lots. That is not rural!
 
We need to keep pressure on these trustees and hold them accountable. Otherwise, they will do as they please, residents and township be damned.  Though the public comment period is closed, attending still sends a message. Also, the monitor social media, especially the local Facebook pages (Etna Community, Pataskala, ect.) for comments. Talk to your friends and neighbors, discuss your concerns online. It makes a difference. Also, email and call them to indicate your concern about overall development density.
 
The trustees could again continue this meeting, vote the rezoning down or approve the rezoning. We need your continued support to ensure the trustees act in the interest of our neighborhood and community.
 
If the trustees approve the rezoning against the comprehensive plan or community interest, we will proceed with the Petition for Referendum to place it on the ballot. The same ballot two of the trustee positions will be on.
 
I will plan on live streaming the meeting on the Keep Etna Rural and Etna Community Facebook group pages for those that cannot attend. (Please keep pushing the trustees to live stream the meetings themselves. A resident shouldn’t have to do this.)
 
As usual, there was just over 24 hours notice for this meeting. It’s the legally required notice but many times the trustees know in advance and wait until literally minutes before posting/notifying the public. I have demanded they let us know so we can plan and asked that they hold these meetings later so residents can attend. I doubt it will change.

Pulte rezoning was tabled (continued) on 2/24/21 to a date to be announced (as usual, they will probably only provide notice as close to the required 24 hours). Pulte came back with a 335 home proposal. They also produced a “scary” alternative using what they claimed was current zoning with 170ish units (some apartments) clustered against our neighborhood without meeting the current requirements for the bonus density. We have been threatened with a hog farm, running trucks through our neighborhood and now apartments.
 
Trustees indicated they would like to see 250-280. I still believe that it too dense as others have also indicated. Trustee Johnson said he thinks it should be less also.
 
With the trustees giving a low limit of 250, I can’t see Pulte coming back with anything less.
One bit of good news. Violet Township and Fairfield County sent Etna a letter indicating they want the connections at Cape Cod Way and Olde Post Road to be green emergency only access., no through traffic. We will keep pushing Licking County/Etna for the same on Faneuil Hall Rd.
 
The feedback I have received about density at our annual association meeting was most people wanted to stick with the current density of 147 under the existing PRCD previously calculated. If there is any increase, it would be only if the streets are not connected and the density is kept at or below 175-200.

Etna Township Pulte Rezoning Meeting

Wednesday 2/24/21 @ 5pm, Etna Garage
This meeting was requested by Pulte. Pulte last requested a tabling after the trustees indicated a concern over the development. Pulte may be coming back with changes.
 
The trustees could again continue this meeting, vote the rezoning down or approve the rezoning. We need your continued support to ensure the trustees act in the interest of our neighborhood and community.
 
If the trustees approve the rezoning against the comprehensive plan or community interest, we will proceed with the Petition for Referendum to place it on the ballot. The same ballot two of the trustee positions will be on.
 
I will plan on live streaming the meeting on the Keep Etna Rural and Etna Community Facebook group pages for those that cannot attend. (Please keep pushing the trustees to live stream the meetings themselves. Residents shouldn’t have to do this.)

ARTICLE: Etna Trustees delay Pulte Homes rezoning request – Craig McDonald, Newark Advocate

https://www.newarkadvocate.com/story/news/local/pataskala/2021/01/16/etna-trustees-table-pulte-homes-rezoning-request/4165502001/

Trustee John Carlisle said of the project, “In my opinion, I don’t believe it’s in the right area for this township. I think the people that we represent have spoken very clearly and very loudly, that they don’t want this… I really don’t believe that Etna Township is ready for this.”

Carlisle said, “We don’t want to model ourselves after Olentangy, or Hilliard… We just want to be Etna.” He added that he wants to retain Etna’s “rural nature.”

That prompted Hart to ask for additional “consideration. Frankly, we’ve been at this for months, and this is the first time we’ve heard feedback that this plan is in the wrong direction.”

Trustees unanimously voted to table the proposed rezoning for review of documents by legal counsel and further consideration at a date to be determined later.


Etna Township Trustee Meeting – Pulte Rezoning – 01/13/21

Pulte Rezoning 1/13/21 Quick Recap

  1. Trustees started out discussing the minute details such as fencing. Johnson wanted to go to the overall development to determine if that was suitable before they addressed the details.
  2. Johnson questioned the benefit to the township of this development. Carlisle then stated he did not see this as an appropriate development for the area (maybe more to the west) based on the lot size. Foor asked if they should have to start again due to the 18 pages of changes from the initial proposal.
  3. They did not vote on the rezoning tonight. Instead, the trustees are seeking the opinion of the prosecutor regarding the amount of changes and the process. Pulte will come back with any additional proposal/changes based on the trustees stated concerns.
  4. This was great to hear! The trustees mentioned the concerns of the residents and said they are similarly concerned.
  5. The meeting was continued, future date unknown and to be decided.
  6. Foor indicated they were reviewing a contract to stream the township meetings the next week. If they move forward, they could have the meetings streamed in 5-6 weeks. Thank you Randy for moving forward with this!
  7. I wanted to thank the trustees for voicing their concerns regarding the development.
  8. Pulte and their lawyer were not happy. I approached Mr. Hart to offer to work with them for a proper development and he was not very professional in his response (I’ll leave it at that).
  9. This is happening because we are voicing our opinions and concerns. Let’s keep engaged (this is not over until they vote).
If you haven’t watched the video, it is worth it to see the dramatic change in the direction of this rezoning. Carlisle’s statement against starts 51 minutes in.

Pulte… they still do not want to negotiate!

Previously, we attempted to negotiate with Pulte on the Hagy Farm rezoning. Since then, I have repeatedly offered to sit down with Pulte (as our group’s representative) to find a development plan that will fit our area’s rural character.
 
During the negotiations between Pulte, Etna (Carlisle) and our attorney, Pulte would not budge one house on density or one square foot on lot size. Before the last negotiation meeting, they even scheduled the rezoning meeting to occur to the surprise of our attorney. Our attorney told me they said that the last offer (no change in density/lot size, basically the same plan with partial sidewalks) was final, if we didn’t like it, take it to court. And if we opposed the plan, they would take away the sidewalks.
 
I have offered to Pulte and their counsel numerous times to continue negotiations. They refused unless we agree to conditions (including dictating what we will give up without them stating any concessions, along with dictating who will be present on OUR side in the negotiations).
 
After the rezoning meeting on Wednesday (1/13), when Trustee Carlisle and the others stated they had serious concerns about the development and gave Pulte the opportunity to table the meeting and return with modifications, I approached Mr. Hart (counsel for Pulte) and Matt Callahan (Pulte Rep) to ask if they would like to talk to discuss the development. Mr. Hart’s response was:
“Go to hell.”
“Get away from me.”
 
Mr. Hart also called another resident that questioned his response to me a “punk”.
 
I do believe Mr. Hart is doing his client a disservice. His response was not only rude and unprofessional, but unproductive. Mr. Hart stated at the meeting they have not been ridged regarding the development, citing they reduced the lots to 355. However, that was only AFTER we rejected their unchanged “final offer” containing 365 lots.
 
We would like nothing more than to work with a willing developer regarding the concerns of our neighborhood and community in this rezoning matter.
 
I again offer to Pulte to discuss this development with them if they truly wish to work with the community. Mark Evans, President NEACA

Etna Township Pulte Rezoning Meeting Scheduled for Wednesday 1/13/20 at 5pm 
 
Will be held in the Etna Garage, 1145 South St, Etna, OH.
 
****I will be live streaming the meeting. I will post the link in the Etna Community, Keep Etna Rural, and NEACA Facebook groups. I will start the stream at 4:55pm. If for some reason there is an issue with streaming, I will upload the video after the meeting with summary.****
 
While there will not any public comment regarding the Pulte rezoning, you can attend to view the questions and discussion between the trustees and Pulte.
 
The trustees may decide to vote for approval at this meeting or it could be continued again with additional questions and discussion. I would encourage your attendance.
 
We will need to be ready to proceed with the petition for referendum should they approve the rezoning. We would have 30 days from the approval to collect and submit the signatures. If you would like to add to our volunteer effort to organize and/or collect the signatures, please contact Mark Evans at 614-831-1600 call/text, or mark.evans@newenglandacres.com
 
At the last Pulte meeting, Mark Evans had a racial note (apparent threat) left on his truck. The alleged perpetrator, based on witness accounts, is the realtor for Charles Hagy with alleged condoning by Charles Hagy, property owner. The trustees refuse to release the video footage from the meeting they have which a sheriff’s deputy confirms was captured and was requested from the public records.

Pulte Rezoning Meeting on 12/16 5pm to be cancelled and rescheduled for some time in January per Carlisle.
 
All Etna Township Meetings next week, including the Pulte Rezoning Meeting, are being cancelled due to possible Covid exposure at the two meetings this week per Carlisle via a phone call today.
 
Apparently one person at both meetings has tested positive for Covid. The Health Department will be contacting all those present at the Tuesday and Wednesday meetings to determine if anyone had close contact with this individual. Carlisle could not provide the identity of this individual.
 
I will verify the meeting is cancelled when the township announces it. They typically wait until the last minute to announce cancellations.

Wednesday, December 16th, 2020 at 5pm is the next rezoning meeting at the Etna Garage Meeting expected to be cancelled due to possible covid exposures in the township’s meetings 12/9 & 12/10.


Video/audio of 12/9/20 meeting with summary below.


Summary of Etna Township Meeting – Pulte Rezoning of Hagy Farm 12/09/20 5pm (My commentary is in these parentheses throughout.)

Pulte came in with an amended plan of 355 homes versus the 365, which is down 21 homes from their original 376 plan.

The new offer promotes 40% green space, 62 acres (an increase of 5 acres or 3%) and the buffer on the east and south side increased to 100 feet. The setback from Palmer Road would be 200 feet.

The net density was reduced to 2.88 from 2.96 dwelling units per acres. (Lot sizes remained the same.)

There was discussion from Pulte offering to apply for a variance to make the NEA stub connections one-way into their development with two-way access for emergency vehicles. They indicated the variance would be applied after the rezoning approval. It would not be guaranteed the county would approve. John Carlisle asked if this would push more traffic going out to Palmer. Carlisle asked if that would not spur the need for a light at Mink & Palmer. Pulte said if it did, they would have to account for that. Jeff Johnson later asked if the stubs could be made for emergency only access, with knock down bollards. The discussed it would have to be approved by the county engineer and others, but they would have the zoning inspector contact the agencies to determine if that is possible. (If they can avoid connecting into NEA, that would alleviate many of the concerns regarding cut-through traffic into our neighborhood. However, we may still have some for those going out Palmer and coming down Olde North Church Rd/Nantucket to avoid Mink/Palmer.)

Pulte stated the others are ignoring code and the development meets code. After a response from Pulte referencing PRD-2, Carlisle indicated it is only allowable if it is approved.

Randy Foor asked, how does Pulte meet the code. Pulte stated they meet PRD-2 at < 3.0 density and that PRD-2 only requires 15% open space. (The actual PRD-2 requires certain types of open space requirements; it would require more than 15% with the needed retention ponds and such).

Pulte stated they would retrofit sidewalks into the Licking County side of New England Acres.

Pulte stated their blended (patio/single family) house value would be $324,000. Pulte stated the Hilliard/Olentangy similar patio developments created very few students. Pulte stated they shared the information they had with the school district that evening. Pulte claims 85% of the education costs of students from this development would be covered. (I asked Tom Hart, Pulte attorney, for a copy of this and other handouts and he refused to provide it stating to get it from the township).

Pulte stated NEA homes range in cost from 253,000-263,000 with 4br & 2-1/2 bath. Pulte Patios to start at $335,000. This concluded Pulte/Hart’s summary of changes.

Carlisle pushed Hart’s claim they meet code. He stated that Mink runs a long distance and although PRD-2 states it is meant for west of Mink, it does not indicate where within that it is acceptable. (Carlisle was stating that it would be up to them to approve where PRD-2 would be allowed).

Jeff Johnson asked about them not meeting the 10% reduction in density as recommended by the Etna Zoning Commission. Pulte stated the reduction was arbitrary and capricious. Pulte again reiterated any additional reduction was not in their financial plans.

Carlisle questioned about the through traffic into NEA. Stating that the traffic study indicated 40-50% would be cut through. Further stating that if the stubs are made one-way, that would push a lot of traffic to Mink & Palmer necessitating a light sooner.

Carlisle asked about the buildout timeline. Pulte stated it would be 8-10 years. After some discussion, Pulte indicated 30-36 patio homes and 21-28 single family homes per year. Carlisle asked to limit the influx of students to the schools and give the district time to prepare for the new students, could Pulte limit the production per year. Pulte did not provide a direct answer and said they would look into it. Jeff Johnson asked if this would mean 45-75 new students per year would be admitted.

Pulte stated .8 students per unit is average in most areas. Pulte stated they would like the school district to review their numbers. Pulte stated their projected tax revenue for the district is double the average district wide. (I have not seen the numbers to review or verify).

Randy Foor asked how they came up with the average price? Stated Cumberland Trail were in the 340-350-360 range with Powell and Galena in the same price with those areas seemingly at more of a premium price. Pulte indicated Galena and Westerville were in the $354,00 range.

Carlisle asked about them not meeting the 10% reduction in density.

Pulte stated under the RS zoning they mapped out 348 homes. They provided a layout under the RS to the trustees and referred to it as the “ugly” plan. (I have not yet been provided a copy.)

Randy Foor was going through the Planning Commission concerns and stated they covered the lot size and density. (They did not address lot size, only density briefly).

Pulte indicated the Planning Commission report was highly inappropriate and attacked the author over alleged personal bias.

Jeff Johnson asked Pulte how they will make a rural atmosphere? Pulte responded by referencing the buffers provided. (While the buffers are good, it shows that the interior is not rural. Pulte did not address that.)

Randy Foor asked Pulte about their response to Mercer’s (Planning Commission Report author) statement stating lots sizes do not meet the comprehensive plan. Pulte responded by referring to page 63 of the report (This is a general summary involving all residential development and not the specific quadrants. Pulte repeatedly relies on this to ignore the PRCD overlay in the area.) Pulte also disagreed with Mercer taking the pricing from the Pulte sites.

John Carlisle asked Singleton (Etna Zoning Inspector) to produce a side-by-side comparison between the PULTE PMUD and PRD-2 (I believe they should include the PRCD as is currently zoned and called for in the comprehensive plan.)

Randy Foor asked Pulte if they have data on how many empty nesters go into the patio homes. Pulte referenced another builder Epcon which expects 1.5 people per patio. Hilliard has six patio home communities over the 30 years, Pulte claims only 2 kids in the 418 units. Pulte stated these are not age restricted. (My question would be are there specific amenities targeting the empty nesters? Pulte has one such development with a club house, bocce ball, etc. specifically targeting them, in our plan, they do not.) Pulte claims the Olentangy developments have 1000 units with <60 kids. ( I have drive through patio home developments and the people I see are young couples/people in the patio homes).

John Carlisle suggested they submit the request for emergency access on the NEA stub street to the county engineer. Jeff Johnson said he would be more favorable to the plan if it were emergency traffic at the stubs only. Carlisle asked Singleton (Zoning) to talk to the engineer regarding the access.

Randy Foor stated he would like time to review the changes Pulte made and that Etna should contact the school district about the Pulte numbers and impact. Foor would also like to contact Hilliard and Olentangy districts for their experience/input, Carlisle said Singleton should do it.

The meeting was recessed and will continue Wednesday, December 16th at 5pm at the Etna Garage.

END OF SUMMARY

The above is a summary of the meeting. Please view the video for full information. The summary is from handwritten notes and may not be complete. I made it as accurate as possible though it may contain errors.

My opinion is that the trustees were asking some good, hard questions. I was pleased to see them discuss making the stub streets emergency access only. We have been asking for this all along and were told they must connect. I’m hoping since there is such a disparity in the street and neighborhood design between NEA and this development, that they allow the emergency access only at all three connections at Faneuil Hall Rd., Cape Cod Way and Olde Post Rd.

Regarding the sidewalks on the Licking County side of NEA, I know several residents indicated they did not want sidewalks. If this becomes part of the development plan, do we want this or not?

I was pleased to see Pulte reduce the number of homes by 10 to 355. This is a move in the right direction. Previously, they were not budging off their 365. Also nice is the increase in buffer to 100’ at the east and south end of the development that is beside New England Acres and Chevington Woods.

Regarding the open space, most of the open space is retention ponds and wild grown areas, besides the walking path. If they are truly modeling this development under the PRD-2, that section requires usable areas and park areas. They plan on leaving the majority wild grown grass to limit maintenance costs. However, if they could make some area(s) small open park for play and other activities, it would greatly enhance the plan and move towards meeting the other zoning requirements.

Even if they rezoned this under the PRD-2, that would limit their homes to 334 under my calculations (21 less than they have now). Current PRCD zoning allows for approximately 148 homes (206 less than they are requesting).

The new camera system has arrived, and I will be working on ensuring I can live-stream the next meeting. I have requested from the Township permission to connect through their wifi but have not heard back yet. If I cannot live-stream, I will post the video the following day.

Keep in mind, one of these future meetings (it may be the 16th), the trustees will vote. If approved and there still serious objections to the plan, we will have to move forward with the referendum.

These are the opinions of Mark Evans, President NEACA


Etna Township Pulte Rezoning Meeting Scheduled for Wednesday 12/09/20 at 5pm 
 
Will be held in the Etna Garage.
 
While there will not any public comment, you can attend to view the questions and discussion between the trustees and Pulte.
 
I’m not sure how many meeting there will be before the trustees vote. It could be this one or another.
 
If they do vote to approve, we will have to begin the petition for referendum.
 
If you have any questions. Contact me on my mobile at (614) 831-1600 or email Mark.evans@newenglandacres.com

Etna Township Pulte Rezoning Meeting for 11/10/20 at 5:30pm Cancelled
 
From the township: “The applicant has requested the Trustees meeting scheduled for tomorrow, November 10, 2020 for the Pulte application be cancelled and will be rescheduled.”
 
I will advise when it is rescheduled. As a reminder, public comment has concluded on this. The additional meeting(s) will be between the trustees and Pulte though the public can be present. At one of the upcoming meetings, the trustees will vote. It will be then that we will see if we have to proceed with the petition for referendum.

Etna Trustee Meeting (Pulte/Hagy) Brief Summary
 
We had a great turnout tonight (10/28). So many that a large amount where outside. We packed the garage. Thank you for your support!
 
After a presentation by Pulte, we were finally able to provide our comments to the trustees. So many voiced their concerns and opposition to the development as planned.
 
The president of the school board make her statement against the development.
 
After public comments, Pulte responded to some of the points but seemed to cherry pick what they were addressing and some answers were lacking.
 
One resident of NEA asked point blank, since it was currently zoned with the PRCD overlay, what was Pulte’s calculation as to the maximum lots permitted under that zoning. She asked this because she heard Pulte disputed some other’s calculations and two people came up with the same 147 calculation. Pulte’s response was that they were not going to provide that calculation. I feel that if they cannot even admit what the current standards are, how can they expect you to compare it with what they are asking for? Based on the net developable acres Pulte submitted, that number is 147. It’s a far cry from 365 lots they plan.
 
It was pointed out earlier that the Licking County Planning Commission approved with conditions, one being a change in lot size (sqft) to match surrounding neighborhoods. Pulte responded by stating the increased the width of some lots. However, they did not increase the minimum lot size in square foot.
 
There seemed to be many half truths stated by Pulte trying to explain things. They brought up that the contacted the school district but didn’t say what the district told them. A school board member told me when contacted, the builder was told that the development couldn’t be handled by the district. They omitted that this evening.
 
Pulte concluded their presentation. Pulte ,after discussion with The trustees, waived the 20 day requirement (procedural requirement) and recessed the meeting. The next meeting is set for 11/10 at 5:30pm.
 
There is no more public comment. The next meeting(s) will involve the trustees asking Pulte about questions they have and discussing amongst themselves. The total number of meetings is unknown. However, at one of them, the trustees will vote on this development.
 
We will not have to rally the people to attend any future meetings but attendance is encouraged to let them know we are paying attention.
 
Should they approve the development, we will proceed with the petition for referendum and will need to immediately work to collect the signatures needed.
 
Let’s hope the trustees consider the residents and the township in their decision.
 
I will request the audio from the township. Hopefully this one is available. Once I do, I will append to the live video recorded to provide better audio. Additionally, a resident recorded the meeting, if that audio and video turned out, we will upload that also.
 
Check back to see what transpires at the next meeting and for further developments.

PUBLIC HEARING DATE- Wednesday, October 28th @ 6pm

This is it! Be there! This will be your last opportunity to provide comment to the trustees!

This will be the meeting when PUBLIC COMMENT will happen.

We had news coverage of the last meeting and so will this one. Show up to not only voice your opinions to the trustees and Pulte but to also show the area our opposition and resolve.

Anyone concerned about the higher density development planned in our area in violation of the Comprehensive Plan should attend.


Etna Zoning: “The number of dwelling units that would be allowed on the Hagy Tract with a PRCD overlay is 85 – 95 dwelling units…”

I received an email from Etna Zoning stating their estimate of the number of dwelling units (essentially lots if single family), was 85-95 if it were developed under the current PRCD overlay. This is below my calculation of 147 maximum and a far cry from Pulte’s requested 365.
 
In my opinion, Etna Zoning did not properly calculate the number and they would not discuss or show specifically how they arrived at that number. Therefore, I do not believe anyone should rely on it without additional documentation or explanation from Etna Zoning.
 
I calculated the 147 max dwelling units by using the Pulte provided net developable acres and following the PRCD zoning text on page 18-8 (Section 1805-B-1&2). The maximum density allowed under the PRCD is 1.2 dwelling units per acre. Pulte is at 2.96, a 147% increase. This is far above what is indicated in the Comprehensive Plan.
 
I have attached the email along with my calculation.
 
Opinions of Mark Evans, President NEACA
614-831-1600
mark.evans@newenglandacres.com
 
[Someone has pulled my email address from these groups and is signing it up for spam. I have your IP address and if needed can locate and identify you. If it stops now, no further action will be taken. I would hope people can have a conversation without childish games and antics.]

Pulte did not respond to our negotiation response.

As of 3:30pm on 10/27, we have not received a response from Pulte regarding the proposed negotiation. I have included the text from the email received from Pulte’s attorney below along with our response (copies of emails in comments). We believed some of the conditions outlined by Pulte were lacking, overreaching and unwarranted. These included indicating who from our organization must be present and lack any indication of what they are willing to compromise yet require us to indicate our points of compromise.
In my opinion, I does not seem they were genuinely interested in negotiating, only attempting to explain their previous offer (which we voted down) and to influence our board to change their mind. However, in good faith, we still offered to negotiate. I did not hear from them by the requested time. Therefore, we will proceed with our opposition to the development plan as submitted and will not support any further delay in the public comment meeting scheduled for tomorrow, Wednesday 10/28 at 6pmPlease be there to show your support for our opposition to this development plan!
EMAIL RECEIVED FROM PULTE ATTORNEY 5 DAYS AFTER TABLING MEETING TO NEGOTIATE FURTHER (2 DAYS FROM THE RESCHEDULED PUBLIC MEETING), MONDAY 10/26 @ 11:38AM…
Mr. Evans:
Upon his return from vacation, Mr. Callahan has directed me to offer to meet with the board of the New England Acres Civic Association under the following conditions:
1. We will only meet with the full board, or a voting majority of the Civic Association board members. We will not meet alone with you or any other individual alone; it is important that our points and the discussion are heard by a larger group of the Civic Association board so that there isn’t a singular interpretation relayed back to the community. I also hereby request the full contact list of the New England Acres Civic Association Board (emails and addresses) in order to directly communicate with the board members. We seek to actively communicate with Civic Association decision makers on an ongoing basis and reach those who may not be able to attend such an upcoming meeting, and want to do so directly so our position is clear.
2. Because you are no longer represented by Mr. Moser, we also request that Rick Humphries and John Carlisle join this meeting. Both gentlemen know the extent of changes Pulte has already agreed to and nature and scope of previous discussions. During our three previous meetings with the New England Acres representatives Mr. Carlisle was a positive, neutral and non-partisan facilitator between the parties. He understands the governing law and Township procedure. It will be helpful to all that he continues in this role.
3. At the beginning of the meeting, we will outline the changes we have committed from the previous meetings to make sure all parties understand the status of the discussions. As we have actively negotiated and made additional changes since the Zoning Commission, and we understand the term negotiate to mean both parties offer compromise and move from their standing position, we will ask up front what compromises New England Acres is prepared to offer.
If these conditions are acceptable to the New England Acres Board, please let me know for scheduling purposes. I will confirm with the Township that the garage facility is available and follow up to set the meeting upon receiving your response.
Tom Hart
NEACA RESPONSE TO PULTE (10/26 8:26PM)…
Mr. Hart,
After review of your email dated 10/26/20 11:38am, discussion with our board and subsequent vote, we agree to meet with Pulte to discuss the PMUD rezoning on Wednesday 10/28 at 4:30pm under the following guidelines to be agreed to by Pulte:
1. Pulte shall provide to NEACA their calculation as to the maximum number of lots (dwelling units) permitted should the Hagy property have been developed under the existing PRCD overlay zoning prior to the negotiation, or close estimation thereof. Our attorney has previously stated Pulte disputes our calculations of 147 lots (dwelling units) based on the net developable acres in the Pulte PMUD submittal if developed under the current PRCD zoning overlay. Therefore, it is requested of Pulte to provide their own calculation and number if they believe ours is incorrect. Calculation shall be provided in writing and the process shown in detail as to how the number was derived.
2. All communications from Pulte will be directed through Mark Evans, as President of NEACA. Communications will then be forwarded to our respective board members. If individual board members wish to provide their contact information to Pulte, it will be provided. Mark Evans will provide the board members with Pulte’s contact information if they wish to reach out themselves.
3. The NEACA board has rejected the previous Pulte offer. If Pulte wishes to further negotiate, Pulte must present and offer changes beyond what was offered at the last negotiation meeting on 10/14. This opening offer or points of compromise shall be provided in writing prior to the negotiation meeting.
4. Any agreement to negotiate shall not further delay, cancel, postpone, or table the Etna Trustee Public Meeting scheduled for Wednesday 10/28 at 6pm. Negotiations between Pulte and our association can continue once the public comments have concluded. The public meeting has been rescheduled multiple times. Rescheduling once again will only further impact people’s ability to attend and participate in the public comments. While procedural requirements may require Carlisle to abstain from negotiations in private after the public comments are made, any input from Carlisle and the other trustees can be done in the subsequent trustee meetings.
5. Due to the delayed response from Pulte’s attorney in receiving their negotiation conditions (5 days after indicating they wanted to negotiate and 2 days prior to the public comment meeting they tabled), it may not be possible to gather the full board for negotiations prior to the public comment meeting on 10/28 at 6pm. Mark Evans and those NEACA Board members available to meet shall offer to meet Pulte, and Carlisle at 4:30pm on 10/28 at the Etna Garage for a negotiation meeting. Those board members that cannot attend will be provided the meeting details. For the record, should a quorum be present, this will not be an official NEACA meeting and there would be no official vote of the board at that time. Rick Humphries may be present if he chooses. However, he does not represent the association and he would be there in his previous capacity as Carlisle’s liaison, to communicate his knowledge of the previous negotiations as needed. After this initial negotiation meeting, should there be further meetings between Pulte and the association, it shall include Mark Evans and any board member wishing to be present or representative of the association’s choosing, though none are required. Our association shall leave it to the individual board members to decide if they wish to participate.
New England Acres Civic Association looks forward to negotiating with Pulte and their representatives and are eager to receive the prior requested material and responses.
Please respond to Mark Evans, President NEACA via email at mark.evans@newenglandacres.com prior to Tuesday, October 27th at 3pm to accept. Should Pulte decline or decline to accept by the stated time, we will proceed with our opposition to the development as proposed.
Best Regards,
Mark Evans
President – New England Acres Civic Association, Inc.
91 Olde North Church Rd, Etna, OH 43147
614.831.1600 mobile

BREAKING – SWL School Board issues Resolution Opposing the Pulte Planned Development


Newark Advocate Article

https://www.newarkadvocate.com/story/news/2020/10/22/etna-rezoning-delay-open-house-developer-scheduled/3726102001/?fbclid=IwAR2tA-HNrpegqCNrYf8ShIUuk5u0YAVw0qfU_9CTLVRiUYK7LN1p80LgOdY


PUBLIC HEARING Scheduled Wednesday, October 21, 2020 @ 6pm

This meeting should not be cancelled. However, check KeepEtnaRural.com for any last minute changes or updated information.

Update 3:33pm 10/21: I am hearing through our attorney that Pulte may ask for this to be tabled. We have indicated we object to the tabling of this meeting. We will see what happens when the meeting opens. THE HEARING WAS TABLED. This was done against our wishes. We need everyone to show up at the rescheduled date of 10/28 @ 6pm. We did not agree with this tabling and wanted the public hearing to proceed. Pulte asked for additional time to negotiate with us, yet failed to reach out to our association or respond to attempts to contact them.


Our Board voted on 10/19, 9-0 to reject Pulte’s “offer”. It contained no change in lot sizes nor lot numbers. We will proceed with our opposition to the development as planned. Polling of those in attendance indicated 97% wanted to reject the “offer”.


Special NEACA Board and Member/Neighborhood/Community Supporter meeting Monday 10/19/20 regarding the Pulte/Hagy development rezoning. NEACA Board to meet 6:00pm (Officers and Trustees). Neighborhood and community meeting starts at 6:45pm.

Location to be announced Friday evening. We have a tentative meeting place but I’m trying to secure an indoor facility in case of rain.

The meeting will discuss the result of the negotiations between our attorney (Jack Moser), Liaison (Rick Humphries), the builder (Pulte) and Etna Township (John Carlisle), to determine our course of action prior to the upcoming Etna Township Trustee Meeting (Wed 10/21).

The builder’s position/offer, the township’s (Carlisle’s) input along with our options will be presented and discussed.

Once discussed, we will seek input from our members, other neighborhood residents, and community supporters. After this input, our board will vote on a plan of action. The vote will follow that evening or Tuesday depending on the number of officers and trustees present, and having received sufficient feedback from members, residents and supporters.

I understand this is last minute notice. However, we were not responsible for the timing of the public meeting scheduled for Wednesday 10/21. The last negotiation was held yesterday (Wednesday) evening. I sat down with our attorney and Humphries today to discuss the results.

The decisions we make now will not only affect our neighborhood and community well into the future. I would encourage all NEACA Officers, Trustees and members to attend as well as others within our neighborhood and our community supporters.

Mark Evans
President NEACA, Neighbor and Community Member
614-831-1600
mark.evans@newenglandacres.com


Our attorney is still negotiating with the Pulte and Carlisle with a planned private meeting this Wednesday. Nothing final has come out of negotiations yet and we will see what happens at this next meeting.

One of two things will happen. Either an agreeable development is reached or we will have to proceed with our opposition which means showing up in force to the public meeting, moving forward with the Petition for Referendum and preparing for a possible lawsuitI will update fully once the meeting between our attorney and other parties concludes at to how this will proceed.

We continue to need your support! Thank you to those who have contributed. If you can contribute more, it will help. If we are going to fight this fully, we need contributions! Those who haven’t contributed… now is the time to step up! Remember, if at the conclusion of this there are excess funds, you can ask for a proportional refund. See the Go Fund Me for more details. There is no excuse not to donate! Again, we need you support! https://www.gofundme.com/f/pultehagyfarmrezoning.

About the notice: I typically receive notices from Etna Township via email. I did not receive this email notification until 10/13, a delay of 4 days. One of the reasons it is important to routinely check the legal publication section.

10/5/20 – Our attorney is still in negotiations with Pulte and Etna Township (Carlisle). We are hoping that we can get them to come to an agreed proper development which fits not only the Comprehensive Plan but is harmonious with the area.


CANCELLED (TO BE RESCHEDULED)
Etna Trustee Public Meeting
Wednesday, September 16th at 6pm

MEETING POSTPONED! Please spread the word. Pulte put in a request to cancel tonight’s (9/16 6pm) meeting. Our attorney had reached out and requested negotiations regarding the development. This postponement allows for those discussions.

Our effort in this matter is bringing the parties to the table. I want to thank everyone for their continued support. I will provide updates as we get them. Hopefully we can get an agreeable development. If not, we will continue our opposition against the urban plan and proceed with a petition for referendum if approved. Let’s hope reasonable minds prevail and we can get this changed.

Please let me know if you have any questions.Mark Evans, President, NEACA 614-831-1600 mark.evans@newenglandacres.com

Etna Township Garage – 1145 South St., Etna, OH 43147
Masks Required

This is the rescheduled Public Meeting Date. This will be your last chance to tell the trustees your opinion. Please attend the meeting AND call or email all the trustees below and request they follow the Comprehensive Plan and maintain a rural character in our area:
John Carlisle (Pres.) jcarlisle@etnatownship.com 740-927-5298
Randy Foor (VP) rfoor@etnatownship.com 740-975-4418
Jeff Johnson jjohnson@etnatownship.com 740-927-0585

Please show up in force and early! A previous meeting on the Tollgate development had many area (and some outside the area) farmers show up and pack the garage causing the residents to be left outside listening to the speaker and only coming in to make their comment. Carlisle and Hagy are bound and determined to push this through. Hagy has been said to be making threats of putting 5,000 hogs on his farm if this rezoning does not go through.


Our attorney will continue to attempt to negotiate with the township and builder to find a suitable solution to the development. However, if the trustees pass this rezoning as submitted, we are ready to move forward with the petition for referendum.


This URBAN development would flood Southwest Licking School District with students!


We distributed another 100 signs throughout Etna!

Unfortunately, signs continue to be stolen. If you see any sign vandalism or theft, please contact us.

Signs must not be placed in the right-or-way, Etna Twp is enforcing placement restrictions.


Our effort made the news! Click photo for article. One correction, meeting is TBD.


We need your support. Please donate!

www.gofundme.com/f/pultehagyfarmrezoning

Should the rezoning be approved, we are preparing a Petition for Referendum to place the rezoning on the ballot for public vote. This will take a lot of time, effort and funds. We have retained an election law attorney for the petition.
In addition, we can challenge this in court if we can raise enough funds.
The New England Acres Civic Association is a voluntary organization, NOT an HOA. Our members voluntarily contribute $35 annual dues to help maintain our entries, produce the newsletter, biennial block party and benefit the neighborhood and area as we can. We have authorized a large portion of our available funds to oppose this rezoning but it is not enough to win. We need neighborhood and community support!

If this is allowed to pass, it will set a precedent for all future development in our area. What other builder wouldn’t want to maximize profits by shoving as many houses on tiny lots in our rural area? Let’s stop this now!


“The lot sizes proposed is a major concern, the lots being proposed are characteristic of urban core versus a suburban or rural area as identified in the comprehensive plan. The lots proposed would be much smaller than lots in other development in the area, including the most recently developed The Preserve at Haaf Farms.
Therefore, the lots would be out of character for the area and the comprehensive plan.”

Licking County Planning & Development

Some of our concerns:

  • 365 homes vs much less under normal zoning
  • Small lots at 7,425 sqft or 0.17 acres vs. New England Acres at 24,765 sqft
  • Small patio homes starting at 1,200 sqft
  • Minimal set-backs at 15′ between houses
  • Increased traffic through New England Acres with increased danger to residents who use our road to walk/bike (we have no sidewalks)
  • This will set a precedent allowing other conversion of farmland to urban development
  • Will turn our area into Reynoldsburg/Whitehall
  • Does not meet Etna’s Comprehensive Plan requiring area to remain rural as indicated by the Licking County Planning Commission review.
  • Increased crime
  • Lower property values


Pulte Patio Homes Example – Reserve at Rocky Fork, Westerville, OH
This is a proposed option for single family home. Conveniently missing are the other houses that would be 15′ from each side.
Lot overlay showing the proposed lots. Proposed minimum lot size is 7,425 sqft. This is approximately 1/6th an acre. We fought to have the R-3 zoning removed which required 12,000 sqft lots. These are markedly smaller.
Proposed Development – 365 Homes! LCPC indicated only 211 homes permitted under the Planned Residential Conservation District (PRCD) when comparing gross permitted density.
864 Corylus Dr.., Pataskala, OH. Example of Pulte Home (Centex). $253,760 (not the mid $300,000’s per Pulte). The LCPC indicated the starting price point in Hazelwood by Centex was $242,990. This is the neighborhood Pulte’s attorney indicated was an example of the single family development proposed.

Let’s combine forces.

These higher density developments and inappropriate commercial warehouses are being forced onto our community throughout the township. We need to come together and fight this as a community. If you have a developer or landowner attempting to rezone against the Comprehensive Plan, current zoning or to the detriment of our area, contact me so we can join forces to stop this assault on our community.


Past Events:

Community Informational Meeting – Pulte/Hagy Urban Rezoning of our Rural Area
 
We are trying to retain the rural character of Etna against the effort of Pulte (developer), Hagy (land owner) and Etna Township (Zoning Commission & likely Trustees). If approved, this would create a bad precedent for all other open land.
 
We have hired an attorney that will represent our concerns at the upcoming Trustee public meeting (date to be announced) and challenge the rezoning through the courts. He will also attempt to negotiate with Etna Township and Pulte to get the rezoning/development to conform with the Comprehensive Plan and existing zoning. This is in addition to the election law attorney for the Petition for Referendum.
 
Ask our attorney questions. Learn what we are doing. See how you can support our efforts.
 
Held outside*. Bring a chair. You will be able to social distance. For latest updates, check KeepEtnaRural.com
 
* Had this been held at one of Pulte’s proposed lots, we would not be able to accommodate many people. That is it held on our rural sized lot (3.5 times the size), we can handle plenty!

[UPDATE] The meeting was a great success. We have well over 100 residents from all over attend and it resulting in additional donations towards our opposition. I figured out the sound system so if we have to do this again, we will have amplified speakers to make it easier for everyone to hear.


Contact:
Mark Evans
President, New England Acres Civic Association
(614) 831-1600 cell
mark.evans@newenglandacres.com

These are the opinions of New England Acres Civic Association