Mr. John Kranjec, owner of Belamere Suites has withdrawn his appeal with the BZA regarding the decision to terminate the zoning application review for the hotel. As a result the scheduled July 30 public hearing has been officially cancelled. The legal actions between Mr. Kranjec and the land owner continue. A non-oral hearing was scheduled for July 15 but there has not been a ruling at the time of this post.
The Orange Township Board of Zoning Appeals (BZA) has scheduled a public hearing on July 30, 2013 at 7:30pm. Mr. John Kranjec, owner of Belamere Suites, has filed an appeal with the BZA regarding the decision to terminate the zoning application review for the hotel.
As previously reported, the owner of the land has terminated the purchase agreement. Both parties have filed claims with the Delaware County Courts and going through the respective legal procedures.
We are not sure how this will impact the decision of the BZA. You can read the notice on the Orange Township web site here.
OTCW will provide further information as we learn more.
Thank you for those who attended the Ditch Petition hearing held Thursday, June 27. The 45 minute hearing resulted in the Delaware County Commissioners unanimously dismissing the ditch petition filed by John Kranjec, owner of Belamere Suites.
What happens next?
Any developer who wants to build on the land in question will have to file a ditch petition and go through the same review and hearing process. The litigation between the land owner and Mr. Kranjec will have to proceed on its course.
We will keep you updated as we learn more information.
As a follow up to the previous email, public attendance at this hearing is encouraged for the Ditch Petition hearing filed by John Kranjec, owner of Belamere Suites. The hearing will be held on Thursday, June 27, 10am at 101 North Sandusky Street, Delaware, OH 43015 – Delaware County Commissioner’s Hearing Room.
In our previous email we discussed how any developer may need to file a ditch petition if the new construction requires a ditch to be moved or altered. You can read the previous email by clicking here.
The Ditch Petition is filed with the Delaware County Commissions office. This office has reviewed the land in question, the development plans for the hotel, and the needed alterations to the ditch. Approval or denial of such alterations by the county will be based on three factors:
- Is the proposed improvement necessary?
- Is the improvement conducive to the public welfare?
- Will the costs of the improvement be less than the benefit?
There will be opportunities to speak both for and against the petition, however, the speaking points must be directed solely at the three points above or the comments will not be heard. An OTCW representative will provide comment at the hearing.
Land owner responds to complaint and files countercomplaint.
On May 28, 2013, Mr. John Kranjec, owner of Belamere Suites, filed a complaint with the Delaware County Courts against the land owner, North Orange Development, LLC, after they terminated the purchase agreement. On June 10, 2013, the land owner filed a response to this complaint as well as a countercomplaint. You can view the full document here.
On Monday, June 17, Delaware County Commissioners performed a site review for a ditch petition previously filed by Belamere Suites. The site review was performed in order to provide first hand knowledge of the actual physical location to the County Commissioners in order to offer proper perspective for the upcoming hearing. OTCW representatives were in attendance for the viewing as was John Kranjec, owner of Belamere Suites.
What is a “ditch petition”?
In many large open areas, you may notice a small, artificial pond or ditch that is meant to collect run-off water from the surrounding land. The location and depth of these ditches have been carefully designed by county engineers, even in undeveloped land. If any future development requires such a ditch to be altered, the developer would need to file a “ditch petition” with the Delaware County Commissioner’s office. Delaware County engineers would then review the site, review the intended plans to change the ditch, and then approve or deny the ditch petition based on the potential impact on the surrounding development.
As a follow up to our last email earlier this week, OTCW has been informed that the land owner sent official notice to the Orange Township Board of Trustees and Zoning Inspector stating their termination of the purchase agreement with Belamere Suites. As a result, the Zoning Inspector has discontinued his review of the hotel zoning application.
Belamere Suites not on June 3 agenda.
Because of this latest news, Belamere Suites is not a topic on the June 3 Trustee Meeting agenda. A large community following is not needed, but as always, public comment is permitted at regularly scheduled Trustee meetings.
Is this finally over?
This week’s developments have been very encouraging, but the short answer is no. The owner of Belamere Suites has officially filed a complaint against the land owner with the Delaware County Court of Common Pleas regarding this purchase termination. Court dates have not been set yet, but now it becomes a legal issue between seller and buyer.
Below are the actual documents filed with Delaware County and Orange Township regarding termination and the official complaint. (All files are PDF.)
- NOD-official-notice-of-termination.pdf (51KB)
This letter was sent by the land owner, North Orange Development, LLC, to the Orange Township Zoning Department indicating their decision to terminate the land purchase agreement with Belamere Suites owner, John Kranjec.
- Orange_Township-Belamere-review-termination.pdf (25KB)
This letter was sent from the Orange Township Zoning Inspector’s office to Mr. Kranjec. The document states that the review of the Zoning Application for Belamere Suites has been terminated.
- Kranjec_suit-vs-north-orange-development.pdf (1.4MB)
This is the official complaint filed by Mr. Kranjec against the land owner, North Orange Development, LLC at the Delaware Court of Common Pleas contesting the termination of the purchase agreement.
These are all public records and can be obtained from the Delaware County Clerk of Courts web site or by request from Orange Township.
We will keep you informed as we learn more over the upcoming weeks.
Thank you again for your patience and support!
Since our last communication on May 22, there has not been any new development. The Zoning Inspector is still proceeding with the review of the Belamere Suites development plans and is expected to announce his decision at the next regularly scheduled Trustee Meeting set for next Monday, June 3 at 7:00 p.m. At the time of this mailing, the agenda for this meeting was not available.
If the zoning application review for Belamere Suites continues as planned, we encourage all to attend this meeting and ask any questions you may have. Representatives of OTCW will also be in attendance.
Slow progress is better than no progress.
As you can imagine, the news of the landowner’s decision to terminate the purchase agreement was a welcome surprise. We are continuing to investigate how the termination of the purchase agreement by the landowner will affect the Orange Township Zoning Inspector’s responsibility to either deny or approve the applicant’s plans.
Please know we are all anxious to learn more and are eager for next steps. We are grateful for your continued patience. We will publish another message as soon as we learn more about the June 3 Trustee Meeting. Thank you for your support!.
On May 20, a regularly scheduled Orange Trustee Township Trustee Meeting was held. While Belamere Suites development was not an official agenda item, the following items were discussed:
- Belamere Suites appears they will fight the decision by the land owner to terminate the sale contract.
- The Orange Township Zoning Department is proceeding with the review of the Belamere Suites development plans.
- Within the next two weeks, the Zoning Inspector is expected to announce his decision on the Belamere Suites zoning application.
At this point, it is still unclear how the termination of the sale contract by the land owner impacts the zoning decision process. The Zoning Inspector has 30 days to make a decision since he received the requested additional information last week. The Trustees would not disclose why the zoning decision can still proceed and why the decision cannot wait until the the contract termination process finalizes.
What can happen now?
Below is the normal zoning application timeline:
- Developer submits plans to Orange Township
- Zoning Inspector has 30 days to approve/decline the plans
- Any interested party can file for an appeal within 20 days of the Zoning Inspector’s decision.
- Orange Township Board of Zoning Appeals will set a date for a hearing at some point in the future.
OTCW is proceeding as if the the Belamere Suites contract has not been terminated and will submit the appeal if the zoning application is approved. OTCW will continue to learn more and will share new information with you as soon as possible.
On Friday, May 17, OTCW released information that the land owner has terminated its purchase agreement for the proposed site of the Belamere Suites project. You can read the full email on our Facebook Page or our website.
Since Friday’s message, Orange Township Zoning office received additional information and plans of the Belamere Suites project as requested by the Zoning Inspector. Normally, the Zoning Inspector has 30 days from any newly requested information to approve or decline the plans. OTCW is in contact with the Orange Township Zoning Department and the Board of Trustees to determine how last week’s news will impact this process. We will provide an update as soon as we have information.
Today’s Orange Township Trustee Meeting
As an FYI, a regularly scheduled Trustee Meeting will be held today at 7pm at Township Hall (1680 E. Orange Road). Based on the meeting agenda, there are no items discussing Belamere Suites considering the open questions stated above.
There are agenda items that may be of interest, such as the Orange Township Zoning Report or the Park Report. While these issues are not directly related to Belamere Suites, awareness of development plans is the first step in taking an active role in supporting our community. As with any scheduled meeting, there is an opportunity for public comment and your attendance is always welcomed by the Trustees. Representatives from OTCW will attend.
OTCW would like to announce that it has discussed the Belamere Suites project with representatives of the landowner. During those discussions, the owner’s representatives communicated that the owner of the property has terminated its purchase agreement for the proposed site of the Belamere Suites project. It is OTCW’s understanding that the owner of the property has communicated the same message to the owner(s) of Belamere Suites and representatives of Orange Township. OTCWappreciates this development and is supportive of the owner’s decision.
It remains unclear whether Belamere Suites will attempt to continue with the project. Given these circumstances, OTCW will continue to be vigilant in monitoring this project to insure that any proposed development complies with appropriate and applicable zoning.