MINUTES OF MEETING
April 30, 2008 – 7:00 p.m.
Member present
were Glen Johnstone, David Ross and Linda Zaleski, presiding. Ms. Zaleski opened the hearing introducing
the Board, Trustees, Doug Baum, Lee Strad and Don Charnetzky; Zoning Inspector,
Ms. Zaleski went on the explain, to those present, Township Government, how it works, and the purpose of each Board. She then read the legal ad that published in The Press News, April 17, 2008.
The first order of business was Application #08-003, dated April 3, 2008, submitted by L. Wayne Wood who was requesting a text change to the B-1 and B-2 Commercial districts to permit strip and surface mining in those districts as follows:
SECTION FIVE, Title I (C) (7) add to B-1 Commercial
(page 34): Strip mining, or surface
mining, subject to subsections (6), (7), (10), (14), (16), (17), (22), (23),
(24), (25), and (32).
SECTION FIVE, Title II (C) (7) add to B-2 Commercial
(page 36): Strip Mining, or surface
mining, subject to subsections (6), (7), (10), (14), (16), (17), (22), (23),
(24), (25), and (32).
Ms. Zaleski also read the recommendation from Stark County Regional Planning Commission (SCRPC) which recommended denial of the proposed text change, without stating their reason for denial. The Zoning Inspector contacted Mrs. Butera of SCRPC and requested a reason for denial and Mrs. Butera’s response was “Several township residents attended the RPC meeting and objected to the zoning amendment, which resulted in the Planning Commissions’s recommendation for denial”. The Zoning Inspector then asked for a copy of the minutes of the meeting, and those were e-mailed to her. Ms. Zaleski read the minutes of the meeting that applied to this application:
PI #3 Proposed Text Change - An amendment to the
Resolution is proposed
to Section V, which would add strip and
surface mining as a
conditionally permitted use in the Office and Neighborhood Business District
(B-1) and Commercial Business District (B-2).
(complete amendment
on file in office) Applicant: L. Wayne
Wood
1. This amendment proposes to add strip and
surface mining as a
conditionally
permitted use in both the Office and Neighborhood Business District (B-1) and
the Commercial Business District (B-2), subject to the same conditions required
for mining in their One and Two Family Residential District (R-1) and both
industrial districts.
2. Strip and surface mining are temporary uses,
because the
property can be
reused when reclamation is completed, as required in the zoning
resolution. The applicant stated on the
application, "in commercial districts the property could continue to be
used for its intended zoned usage after reclamation."
3. About one-half of the zoned townships permit
strip and surface
mining as a
conditional use in their business districts.
Some townships may not permit mining in their business districts due to
some business tracts being smaller and not able to meet setbacks required for
mining.
4. It appears that prior to 2000, strip and
surface mining was a
conditionally
permitted use in any district. However,
in 2000 when the township adopted a completely revised zoning resolution and
map, strip and surface mining was removed from both business districts.
5. While the conditional use requirements appear
to be
comprehensive,
township officials may want to review them again to ensure that they are
adequate to meet the needs of the township and protect neighboring properties.
Butera said that the last four words under
item #1 should be deleted. Abraham moved
and Revlock seconded a motion to recommend approval of the proposed text
change, provided the township's legal counsel has reviewed for legal
sufficiency.
Leach questioned fact #1, and asked whether
mining is a permitted use in their One and Two-Family Residential District.
Meidlein said it is
a conditionally permitted use. Leach
said he knows of one commercial district close to the park in
Meidlein replied
that setbacks are required both by the
township in their conditional uses, and by ODNR, including: at least 200 ft. setback from any residential
dwelling; 150 ft. from any adjacent residential property line in a residential
district; and 100 ft. from any adjacent business or industrial property line in
a business or indistrial district. Hours
of operation shall only be conducted as agreed to by the permit holder and the
Board of Zoning Appeals, as determined to be good for the community.
Paul Mosberger, property owner to the
northeast of land owned by Wayne Wood, stated that a month ago more than 60
citizens met when the applicant requested a strip mining permit on the back 14
acres, and it was denied. Now, he is
trying to move the operation 80% closer.
Jackie Truax, Mayor of East Sparta, said
that
A vote was taken on the previous motion and
failed, with 5 for and 6 against. Leach
moved, Umpleby seconded, and the motion carried for denial of the proposed text
change, at a vote of 7 for and 2
against.
Ms. Zaleski asked Mr. Wood to explain his reasoning for applying for this text change.
Attorney, Rex Miller addressed the Board for Mr. Wood and
explained the purpose of zoning districts for townships collecting similar uses. He stated that
Robert Mosberger of
Attorney Miller responded that this was a request for a text change, not a conditional use permit.
Paul Mosberger commented that one half of the townships did not allow mining in a commercial area and that zoning was enacted to protect the citizens of the township.
Mayor Truax commented that the mining was not good for the
park. Mr. Wood had already piled dirt up
against the park property and she was speaking for the residents of
Paul Zantelli stated he couldn’t see how this would be a benefit to the township. Dust is created when the sand is filtered.
Bob Mauter of
Kathy Patterson addressed Mr. Wood voicing her disapproval
and questioned how he could subject these resident to the dust, etc. She also asked Attorney Miller how many
requests were granted in
Attorney Miller stated he didn’t know, but those property owners at least were permitted to request mining in that township.
Mr. Wood made the statements that he would never do anything to hurt the park. That he planned a small operation, with a small section at a time. He had experts tell him that the aquifer would not be affected. He stated that he had put in the ball fields himself and that his intention was not to hurt anyone, and that he just wanted to utilize his property.
Paul Mosberger made the statement that Mr. Wood had requested a seven day operation at the previous meeting to mine same and gravel.
Some arguments ensued. Ms. Zaleski asked that the comments not be of a personal nature, that the text change affects all commercial district in the township.
Ken Byrd, East Sparta Councilman, commented that there are
stringent regulations in the flood plain about removing and once removed,
nothing can be put back. They
experienced that situation with the cemetery in
Renny Patterson,
Bill Bowman of
Mike Farber, Riceland.
Commented that the driveway from the park and the farming operation
creates more dust than a small sand and gravel operation. It also would not create the noise of and
would look 10 times better than the four wheelers that travel around the
Bob Mosberger replied that the farming lasts 3 days, not 20 years the mining would last.
Cheryl Shine,
Township attorney, Charles Hall addressed the board and stated that the focus was misdirected to one property in the township.
Ms. Zaleski asked the Commission for their comments.
David Ross, upon examination of the area expressed his opinion that the text should be changed to include mining.
Glen Johnstone noted that, once the change is made to the text, it’s very difficult to change back.
Linda Zaleski commented that she didn’t recall why the text was changed in 2000 but stated the township had so few commercial areas and SR 800 was the most logical area for commercial development.
Mike Caudill, East Sparta Council member to Attorney Miller. Argumental reference to landfill.
Renny Patterson commented that Mr. Wood might have a good operation, but that a different owner might not have the same consideration for the neighborhood.
Attorney Miller. Zoning allows mining in a residential district and there is no comprehensive reason for prevention of mining in a commercial district.
Louis Grooms, Jr. commented that the change would be of no benefit to any other commercial area in the township, as they are not large enough to meet the setbacks.
Mr. Moslyn requested the application be denied.
Nancy Snyder asked Attorney Miller if he would explain what he meant by parochial interest.
Attorney Miller stated that SCRPC is made up of representatives from various entities and that Mr. Leach and Mayor Truax were representing their own interests.
\Ms. Zaleski closed the floor to discussion and asked for a vote from the Commission Members:
David Ross voted for approval of text change application.
Glen Johnstone voted to deny the text change application.
Linda Zaleski voted to deny the text change application.
The vote was 2 to 1 in favor of denying a text change to permit strip and surface mining in B-1 and B-2 commercial districts.
David Ross made a motion to adjourn the Hearing. Seconded by Glen Johnstone. The hearing was adjourned at 8:22 p.m.
OTHER BUSINESS:
The commission continued the meeting to discuss windmills and outdoor furnaces with several residents and Attorney Hall.
A meeting was scheduled for May 28, 2008 at 7:00 p.m. to review their text in regards to windmills and outdoor furnaces.
The meeting was adjourned at 8:45 p.m.
Minutes read and
approved:
Glen Johnstone (date)
David Ross (date)
Linda Zaleski (date)