March 20, 2017

HARRISON TOWNSHIP ZONING APPEALS BOARD

HEARING MINUTES

MARCH 20, 2017

The Harrison Township Zoning Appeals Board continued a Zoning hearing for a Conditional Use application on Monday, March 20, 2017 at 7:00pm at the Harrison Township Building, 2746 Weigand Road, Lockbourne, Ohio  43137.  This is a continuation of a hearing which began on Monday, February 6, 2017 and continued on Monday, March 6, 2017.  Columbus Bituminous Concrete and the Shelly Company have requested a Conditional Use for Sand and Gravel Mining on Parcels D1200020032900, D1200020033000 & D1200020033100.  The Parcels are located South and East of the US 23 and Weigand Road Intersection in Harrison Township.

The hearing was called to order by Chairman Leah Black at 7:00pm.  Chairman Leah informed everyone that tonight’s meeting will be recorded.  Jayme Fountain from the Pickaway County Prosecutor’s Office swore in those who had not been sworn in at the March 6 meeting and wish to speak tonight.  Present were Zoning Appeals Board members:  Leah Black, Peg Egbert, Kenny Cookson, Frank Miles, Debi Hulse Appeals Board Secretary and Dale Hoover, Harrison Township Zoning Inspector.  Absent was:  Buck Spangler.

Also in attendance were: Kevin Hulse, Bill Black, Robert Black, Donna Collier, Deborah Crolla, James Hopkins, Mary Ann Hopkins, Kevin Cooperrider, Paul Rice, David Hartt, Victoria Turner, Doug Mill, Justin Hartfield, Russ Krock, Tim Manbevers, Heather Manbevers, Andy Chiloeski, Judi Reynolds, Billy Caldwell, Margaret A. Caldwell, Sammy Stoffer, Eddie Thompson, Gina Thompson, Zachery Smith, Kelsea Smith, Donna Schaffer, Brian Williams, Curtis Duty, Matt Koppitch, Chris Slagle, Jenn Matteson, Kerry Armbrester, Bernard Rathmell, Ellen Havens, David Renick, Herbert Thacker, Sam Justice, John Christman, Shirley Tompkins, William Walton, Chad Kuhlwein, Ryan Scribner, Tim Colburn, Craig Stevensen.

Debi Hulse read letters from concerned neighbors:  The Colliers, The Manbevers, The Turners and The Hines.

Richard Brahm, Attorney for Columbus Bituminous Concrete and Shelly Materials began calling witnesses to speak in favor of the Conditional Use. 

Justin Hartfield from ADR and Associates explained the Flood Plain Study.  He performed a Hydraulic study and report which is Exhibit 7.  He surveyed the site.  Mining will not raise the 100 year flood elevation. 

Exhibit 8 is a permit from the Pickaway County Building Department approving the Building Plan for the site and the Flood Plain.ADR & Associates did a Spill Plan. The Spill Plan is done by the Ohio EPA.  It will be submitted if project is approved. 

Doug Mill from ADR performed a Sound Study.  They identified noise levels present now and noises which will be similar to noises during operation.  This is Exhibit 10.  The mounds will decrease the sound by at least 10 decibels.  The Dredge is 72 decibels, Crusher is 87 decibels, and Traffic from US 23 is 52.7 decibels.  With vegetative mounds, sounds from the plant should not be higher than what is already there.  It should be less than 3 decibels higher from what is already here.

Exhibit 15 is the Complaint Procedure from the company.  It tells how to get a hold of someone from Shelly to respond if there is a problem.

Exhibit 11 describes what the sign will look like and its dimensions.

Exhibit 13 is the North Gate Alliance Comprehensive Plan. David Hartt explained the Comprehensive Plan as it relates to this site.

  1. Planning & Zoning Parameters
  2. Standards and Criteria
  3. The proposal
  4. Document

He stated that if the plan meets the standards it should be permitted.

Exhibit 14 is the Comprehensive Plan.  There is Sand and mining permitted on the West side of US 23.  They believe that it is more realistic to have mining on the East side of US23.  The Plan is only a guide.  The land in question is zoned for General Business.  They have owned the land for 26 years.

The Truck Traffic study states that there will be approximately 180 trips per day.  The hours of operation will be 7am – 6pm.  Handout 12F states how they plan to be compliant.

Richard Brahm rested at this point in time.

Citizens were allowed to speak. 

Donna Collier:  How high will the berms be?  Answer 20 feet.

Tim Manbevers:  What will the mining do to the Water levels?  What about the dust?  ADR stated that there will be a very minimal change in water level.  The dust should not be a factor, this is wet mining.  Tim also brought up that the material will be stockpiled and it will dry out.  Richard Brahm stated that the Ohio EPA will govern the dust.  They will use water to control the dust.  Paul Rice brought up what Kevin Cooperrider stated that water would be used.  Tim also brought up the noise from the trucks.  Richard Brahm stated they could only control what happens inside the plant.  He also stated that mining won’t affect quantity or quality of water.  The Ohio EPA will control the water issue.

Victoria Turner used to work for Workman’s Comp.  She brought up the dust and problems associated with dust.  When the gravel does through the crusher, it is dry dust. 

Eddie Thompson:  How far will the Wash Plant be from the entrance?  Shelly – 250 feet from the entrance.  Eddie:  There will be dust. The dust follows the trucks.  It will be carried to the road.

Bill Walton:  How will the water be affected?

Tim Colburn, Berger Hospital Systems:  Stated that they plan to build on site adjacent to this property.  They have owned the property since 2005.  They believe the Strategic Land Plan should be followed.  They believe that the Zoning Appeals Board should reject the Conditional Use because it does not follow the Land Use Plan.

Craig Stevenson, surveyor:  After land is used for the Sand and Gravel Mining, there will likely be problems for homeowners who try to put in septic systems on the 5 acre lots.

Ryan Scribner, from P3:  He is representing the P3 Board.  He has serious concerns with non-compliance with the Land Use Plan.  He believes there are serious concerns with US 23 Corridor.  ODOT is not allowing new entrances on US23.  There will be an increase in truck traffic on an already busy highway.  He stated that the Comprehensive Land Use Plan is not arbitrary.  It is a guide and a plan needed to protect us and to facilitate guided growth.

Chris Slagel, Legal Consul for Berger Hospital:  Handed out Notebooks to all Zoning Appeals Members.  The notebook has information regarding Zoning including the Land Use Plan.

Sammy Stanford:  Stated he has heard more negatives than positives.  What is the benefit?  He encouraged the board to say, “No.”

Bill Walton:  Stated that Rathmell Road should be looked at.  It is very hazardous with a light on US 23.  What will it be like at Weigand Road with no light?

Jenn Mattason:  Who is responsible for the lake after Shelly is done?  Answer:  The Lake will be owned by homeowners or homeowners association.  It will be a privately owned lake in Harrison Township.

Ellen Havens:  Is it a Flood Zone?  Answer:  Not all of the land.

Chad Kuhlwein:  He is concerned that there is no way to stop traffic turning right onto Weigand Road.  Truck drivers will follow the quickest way on a GPS – which is to take Weigand and Bulen Pierce Roads.

Brian Williams:  How many trucks per day?  Answer:  90 trucks in and 90 trucks out.  Brian:  Is most of the product going to Shelly Materials Plant?  Richard Brahm answered, “I don’t know”.  Brian:  When there have been 90 trucks in and 90 trucks out, will they shut the entrance?  Richard Brahm answered, no.  Brian:  Shelly uses twice that amount a day.  Is there Limestone under that gravel?  Brahm answered, I don’t know the answer. 

Chad Kuhlwein:  Is 85 feet deep the farthest you will go.  Shelly representative; Yes, there is material under that but we will mine only to 85 feet.

There was a discussion on whether the binder should be read and discussed at another meeting.  It was decided that that would not happen at this time. 

Leah Black asked Richard Brahm if he had anymore to present.  Leah Black asked if the Zoning Appeals Board had any questions.

Frank Miles made a motion.  I make a motion to deny the application for Conditional use for gravel and sand mining operations.  This motion was seconded by Peg Egbert.

Voting on the Motion:

Kenny Cookson:                I vote to Deny the application

Frank Miles:                    I vote to Deny the application

Peg Egbert:                     I vote to Deny the application

Leah Black                       I vote to Deny the application

Buck Spangler                 Absent from the hearing

The Harrison Township Zoning Appeals Board unanimously voted to deny the Conditional Use for Sand and Gravel mining, 

Chairman Leah informed Columbus Bituminous Concrete and Shelly Materials that their application for Conditional Use was denied.  The applicant may re3fer this matter to the Pickaway County Common Pleas Court.

Peg Egbert moved to adjourn the meeting.  Kenny Cookson 2nd the motion.  Meeting adjourned.

Debi Hulse

Harrison Township Zoning Appeals Board Secretary