March 6, 2017

HARRISON TOWNSHIP ZONING APPEALS BOARD

HEARING MINUTES (CON’T)

3-6-2017

The Harrison Township Zoning Appeals Board met on March 6, 2017 at the Harrison Township Building, 2746 Weigand Road, Lockbourne, to continue a hearing on a Conditional Use requested by Columbus Bituminous Concrete Co. and Shelley Co.  The hearing was continued from February 6, 2017.

The hearing was called to order by Chairman Leah Black at 7:00pm. Chairman Leah informed everyone that tonight’s meeting will be recorded. Present were:  Leah Black, Peg Egbert, Frank Miles, Kenny Cookson, Debi Hulse, Dale Hoover, Harrison Township Zoning Inspector, Jayme Fountain Pickaway County Prosecutor’s Office.  Absent was Buck Spangler.  Also present were Robert Black, Kendra Miles, Leonard Brown, Al Razem- Hydrogeologist with Eagon, Kevin Hulse, Robert Thompson, Steve Scott, William A. Walton, Deborah Crolla, Donna C. Collier, Kathy Cotball, Court Reporter, Bill Black, Dorena Stuart, Paul Rice – Attorney for Applicants, Doug Mill – ADR and Associates, Russ Krock  – ADR & Associates, Kevin Cooperrider – Shelly Materials, Inc., David Hartt – Shelly Materials, Inc., Jim Kuhlwein, Chad Kuhlwein, Donna Schaffer – South Bloomfield Council Member, Deborah Sayre, Dave Smith, Brian Williams, Ryan Scribner, Craig Stevenson, C. Joe Allen, Dick Brahm, Attorney for Columbus Bituminous Concrete, Kerry Armbrester, Andy Chileski, Tim Colburn, Billy Caldwell, Margart Caldwell, Curtis E. Duty, Keith Pettibone, Ellen Havens, Victoria Turner, Heather Manbevers, Tim Manbevers, Mary Ann Hopkins, James Hopkins, Daniel T. Matteson, Michelle Hines, Matt Koppitch, Chris Slagle, Jud Hines, Bernard Rathmell, Judi Reynolds, Edward Thompson, Gina Thompson, Sammy Stafford, Reba Stafford, Sheryl Baker, John Christman, Aaron Thomas, Scott Mogan, Zak Smith, Mathew Koan, Tamara Blackburn, Tom Ramsay, Chuck Wise – Mayor of Ashville, Kelsea Smith, Valerie Coreen, Allen Coreen, Franklin Christman-Village of Ashville.

Debi Hulse, Secretary for the Harrison Township Zoning Board of Appeals read the Minutes from the February 6, 2017 meeting.  Leah announced that the meeting would not go past 9:00 pm.  If we were not done, the meeting would be continued.  At this time, Jayme Fountain, legal counsel from the Pickaway County Prosecutor’s Office,  swore in the witnesses.  This included witnesses from the Columbus Bituminous Concrete/ Shelly Co as well as neighbors and interested citizens who wish to speak.  Letters were read by Debi Hulse from the following individuals and groups:  Sterlin Mullins, Pickaway County Engineer, Berger Hospital, Pickaway County Commissioners, South Bloomfield Village Council, Ashville Village Council, the Collier Family, Pickaway Progress Partnership, Tim & Heather Manbevers and Richard & Victoria Turner.  She then read the Procedures for the Hearing.

Richard Brahm, Attorney for Columbus Bituminous Concrete & Shelly Corp. stated that several things in the letters were incorrect.  These inaccuracies and points he wanted to comment on are:

  • The Commissioners have nothing to do with the Zoning Process.  The letter stated that but he wanted to reinforce that point.
  • We never said the Commissioners approved of the Conditional Use.  The Engineer approved the ingress/egress from the site to Weigand Road and then to US23. 
  • There will be no blasting.  This will be a wet sand and gravel operation.
  • It is incorrect that the Zoning Appeals Board can deny it for any reason.  The property owner has the right to use their property.
  • The Board cannot consider EPA or ODNR  uses. 
  • The Comprehensive Plan is just a plan.  It is not a binding contract.
  • The Alliance Plan.  CEDA doesn’t affect this area.  It only affects the Rickenbacker Area.
  • The Mining Operation will only last 12 – 15 years.   The Comprehensive Plan is for 22years.
  • They will state how the Plant will operate.  Most of the traffic will leave the plant, turn left and go to 23.

Richard Brahm stated that they will not get through their presentation and witnesses by 9:00pm.

Richard Brahm presented Exhibit 1.  This is the Zoning Map which shows the Parcels are in the General Business and Flood Plain.  In General Business District certain conditions will be met.  We will point this out.

Paul Rice, Attorney, introduced Kevin Cooperrider, property mine services manager for Shelly Co.  He stated that the mine will be to extract sand and gravel which 80% of the material is under the water table.  The material will be mined on the  Southern portion of the property, the reserve area.  The Northern portion (approximately 23 acres) will be for the processing plant and stockpiling of materials.  They will use a suction dredge to extract material.  The plant will consist of 2 parts.  The gravel and sand will be separated.  The sand will be piled and the gravel will be sorted and piled.  A Crusher can be used.  The water from the washing process will be sent back to the quarry. 

All top soil will be used for berms.  The berms will be sound, sight  and safety barriers.  These will be manicured grass on the slopes and berms with Conifer trees staggered on top of the berms. 

Weigand Road was not built for heavy truck traffic.  It will be enhanced.  There will be an additional 6” aggregate base  with 8” asphalt and 1 ½” top coat.  It will be widened to 12’ lanes and 2’ shoulders.  The roads and parking lot on the site will be asphalt.  There will be 10 spots for employee and visitor parking.  To accommodate the large trucks, there will be a 100’ wide entrance.  Trucks will enter and enter the scale house, traverse the haul roads in a counterclockwise direction, cross a wheel wash and exit on Weigand Road.  The trucks will be tarped.

EPA controls spills.  The EPA will issue permits.  Gas and oil will be contained.  The majority of trucks will be heading North of US23.  The lighting for the plant will be Downfacing.  The lighting will be for security.  No hazardous material will be mined.  The plant will use local refuse, fuel, utilities and emergency services.  They will employee 6 – 12 on-site, full-time employees.  There will be approximately 180 trips per day.  This is 90 trucks in and 90 trucks out.  The EPA and ODNR will monitor and follow all state and local government regulations.  They state that there will be negative effects from the mining operation.  Particulate matter is regulated by the EPA.  This is a wet operation.  Water suppresses dust.  The signage for the property will be:  a 8X12 foot sign at the entrance on the berm.  In addition, there will be a sign on the berm at the US23/ Weigand Road Intersection.

The mining operation will last 12 – 15 years.  After the mining, a reclamation plan will be followed.  All machinery and roads will be removed.  The berms will resurface areas.  There will be 5 lots of 5 – 6 acres along Weigand Road.  The Mounds will be 3:1 slopes with manicured 20’ pine trees. 

If Weigand Road gets dirty, they will clean it.  All storm water and water used will run back into the lake.  The project will be bonded.  The reclamation will be done according to law.

Richard Brahm called Al Razan, Hydrogeologist with Eagon & Associates.  He presented  Exhibit 5, the Water well reports.  His company was hired by Shelly Materials and the office of Richard Brahm.  The map showed the site and wells with a 1 mile area.  All wells must be logged in with the State of Ohio.  Water in this area flows West to the river.  No wells should be affected.  It is a non-pumping operation.  They will not be drawing water from the aquifer.  The quality of wells will not be affected.

Russ Krock a licensed engineer spoke next.  There are approximately 32,000 vehicles on US 23 daily.  At the present time, there is no room for trucks at the intersection.  Improvements to be done:  Weigand Road will be widened.  In the Southbound lane, there will be a de-acceleration lane added.  US23 will be widened for Southbound traffic.  Northbound, there will be a 400’ de-acceleration lane before turning right onto Weigand Road.  There will be an acceleration lane added to the Northbound lanes North of Weigand Road  The Pickaway County Engineer deems these plans approvable by him and ODOT.  ODOT will give the final approval of the plan.  Shelly will not operate until an approved plan has been met.  The owners are assuming the cost.

A question was asked by residents in attendance.  It was asked if questions could be submitted to the Zoning Appeals Board before the next meeting.  Questions may be sent before the meeting.  It is now close to 9:00pm.  Peg Egbert moved to continue the hearing on March 20, 2017 at 7:00pm.  2nd by Frank Miles.  Meeting adjourned.

Debi Hulse

Secretary

Harrison Township Zoning Appeals Board