February 6, 2017

HARRISON TOWNSHIP ZONING APPEALS BOARD

Meeting Minutes

February 6, 2017

The Harrison Township Zoning Appeals Board met on Monday, February 6, 2017 at 7:00pm at the Harrison Township Building, 2746 Weigand Road, Lockbourne, OH.  The purpose of tonight’s meeting is to hear, review and vote on a zoning request application for Conditional Use from the Columbus Bituminous Concrete Company.  The Zoning request for Conditional Use is to allow sand and gravel mining on Parcels:  D1200020032900; D1200020033000; and D1200020033100.  These parcels are South of Weigand Road and East of US 23 in Harrison Township.

The meeting was called to order by Chairman, Leah Black, at 7:00pm.  Present were:  Leah Black, Peg Egbert, Frank Miles, Kenny Cookson, Buck Spangler, Debi Hulse and Doug Czako.  Also present were:  Robert Black, Donna Collier, Andy Chilcski, Ryan Scribner, Dan Matteson, Kerry Armbrester, Craig Rose, Carl D. Wheeler, Zak Smith, Kelsea Smith, Sam Justice, Chris Slagle, W. Water, Valerie Green, Tim Colburn, Mark Leatherwood, C. Joe Allen, Deborah Sayre, Dave Smith, Kendra Miles, Ryan Thompson, Matt Rayburn, Bill Caldwell, Margaret Caldwell, James Hopkins, Gina Thompson, Eddie Thompson, Sammy Stafford, Leonard Brown, Tim Manbeavers, Heather Manbeavers, Shirley Tompkins, Linda Eckel, Justin Hartfield, Paul Rice, Richard Brahm, Douglas Mill, Kevin Cooperrider, Barry McConnell, Curtis Duty, Chad Kuhlwein, Madelene Burns, Morgan Burns, Margie Pettibone, Keith Pettibone, Robert Thompson, Steve Scott, Jud Hines, Michelle Hines, Ellen Havens, Keith Hilderbrand, John Christman, Berny Rathmell, Tamara Blackburn, Scott Mogan, Deborah Ciolla, Sheryl Baker, and 1 illegible name.

Debi Hulse, Secretary, read the Legal Notice which was published in The Circleville Herald.  Debi read the Rules & Procedure for the meeting.  She stated that everyone would be allowed to speak by addressing the board and the time limit was 3 minutes per person.  Doug stated what the application was requesting.  He also explained the Strategic Use Plan for the area in question. 

Craig Ross, Registered Professional Reporter from Spectrum Reporting, LLC was not introduced but was recording the proceedings of the meeting under direction of Richard Brahm, attorney for Columbus Bituminous Concrete Corp. and Shelly Materials, Inc.

Paul Rice and Richard Brahm introduced themselves as attorneys representing the Columbus Bituminous Concrete Corporation and Shelly Materials, Inc.  Richard Brahm spoke.  He stated the following:

  • They were here asking the Board for a Conditional Use
  • The zoning on the property will not change. It will still be zoned as General Commercial.  The land surrounding the site is Residential Agriculture, but this site is General Commercial.
  • Part of the land is in the Scioto Flood Plain.
  • No Asphalt Plant or Ready Mix Plant will be built
  • This will be wet mining.
  • The mining operation will not affect neighboring wells
  • The Pickaway County Engineer has recommended this use.
  • The county has agreed to make improvements on Weigand Road and US 23 to handle the traffic.
  • No traffic will pass any houses on Weigand Road.
  • This property is zoned for General Commercial. It is between the Ready Mix Batch Plant and US 23.  There are no houses between these 2 points.  It is approximately 179 acres.
  • The mining will be progressive. Any agricultural buildings will come down as the mining operation nears them.
  • This industry is highly regulated. ONR will issue the permit to operate. 
  • There will be a Reclamation Plan. The mining operation will last 12 – 15 years.  After that time, single family 5 acre lots along Weigand Road will back up to the newly formed lake.
  • The EPA will control emissions from the plant. Dust, safety hazards and more will be controlled.
  • The State Fire Marshall controls what materials will be stored and how.
  • There has been an Access and Traffic Study. They estimated 90 trucks into the facility and out of the facility per day.  This is 180 trips per day.  They believe the study is high and there will likely be only 150 trips per day. (75 trucks per day X 2 – in and out).
  • There will be no buildings on site. This will be a Dredge Operation. 
  • He also stated that we would be hearing from experts to explain other aspects of the operation.

Richard Brahm stated that this was not a meeting, but was a hearing.  He asked that the witnesses be sworn in at this time.  He addressed the Board and spoke to Chairman Leah Black and asked if she would swear in the witnesses.  Leah stated that this was something that had never been done by this board.  She stated that she was not prepared for this and did not have the authority to swear in witnesses.  Richard Brahm stated that the Court Reporter is here to swear in witnesses.  Anyone who expects to testify tonight will raise their hand and be sworn in.  When they speak, they should state their name and address and that would be recorded.  Richard Brahm asked if Leah would now swear in the witnesses.  Leah stated. No.”  Richard Brahm objected.

The neighbors and interested citizens present asked if the property could be rezoned to Farm/ Residential.  Doug Czako spoke and replied no.  The property owner would need to request that change. 

Tim Colburn, Berger Hospital representative, stated that Columbus Bituminous Concrete had legal counsel and the Zoning Appeals Board does not.  He also stated that the Zoning Appeals Board Chairman should be running the meeting not Richard Brahm.  Christopher Slagle, attorney for Berger Hospital, suggested that the Zoning Appeals Board consult Legal Counsel before continuing this meeting.

Paul Rice, attorney representing Columbus Bituminous Concrete Corp., suggested that the meeting be continued for 30 days.  This will allow the Zoning Appeals Board time to consult Legal Counsel.  They are consenting to voluntarily extending the hearing until March 6, 2017.

Buck Spangler moved to table this action and resume the meeting on March 6, 2017.  Frank Miles 2nd.  Motion carried.  The Zoning Appeals Board will meet again on March 6, 2017. 

Peggy moved to adjourn and meeting.  Kenny 2nd.  Meeting adjourned.

Debi Hulse

Secretary

Harrison Township Zoning Appeals Board