BOARD OF ZONING APPEALS
GREENE COUNTY, OHIO
SPRING VALLEY TOWNSHIP

Case No. 001-00 ORDER GRANTING CONDITIONAL USE; FINDINGS OF FACT AND CONCLUSIONS OF LAW

IN THE MATTER OF:

AMERICAN AGGREGATES CORPORATION, A wholly owned subsidiary of MARTIN MARIETTA MATERIALS, INC.,

APPLICATION FOR A CONDITIONAL USE

This application for a conditional use permit to operate a mineral extraction operation was filed on February 4, 2000 with the Spring Valley Township Board of Zoning Appeals (The "BZA" pursuant to Sections 1002 and 523 of the Spring Valley Township Zoning Resolution). The application was filed by American Aggregates Corporation and Martin Marietta Materials, Inc., and concerned an approximate 200 acre parcel owned by the applicant near Cook Road in Spring Valley Township, Greene County, Ohio. The original application was later supplemented by the applicant with 31 conditions by which the applicant intends to be bound.

Written notice via certified mail was sent to interested persons informing them of the scheduled hearing of on the application and proper public notice was also given. The first hearing was on March 27, 2000, and the matter was continued for additional hearings on April 24^th, May 15^th, June 5^th, June 19^th, and June 26, 2000. Proper public notices were published prior to each hearing date. The hearing included testimony and evidence submitted by the applicant, as well as testimony and evidence presented by persons opposed to the application. All proceedings were recorded by a registered court reporter who preserved the evidence. All testimony was presented under oath. The transcript of the proceedings constitutes the minutes of the BZA regarding the application. Deputies form the Greene County Sheriff¹s Office were present at the hearings to preserve order.

On June 26, 2000, BZA board members Rhett Rohrer, David Wisecup, Harold Simison, Dale Henkener, and Roger Beam conducted the final hearing to determine whether the application, the supporting materials and the oral testimony supported the granting of the conditional use permit for mineral extraction.

Based upon the 1) Application 2) The addendum to the application 3) Exhibits, and 4) Evidence presented by witnesses at the hearing, the Board of Zoning Appeals makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPLICATION OF AMERICAN AGGREGATES CORPORTATION TO ESTABLISH A SAND AND GRAVEL MINING OPERATION IN AN A-10 AGRICULTURAL AND FP-FLOOD PLAIN ZONED DISTRICT IN SPRING VALLEY TOWNSHIP

The Board took testimony at multiple public hearings at which proponents and opponents provided testimony to the Board as well as exhibits. From the hearings, testimony and exhibits, the arguments of counsel, the Board makes the following findings:

Mining of sand and gravel is a conditional use in the A-10 prime agricultural and FP-flood plain districts.
The application of Martin Marietta and the subsequent commitments made by Martin Marietta through the hearing process meets all of the terms and conditions of Section 523 of the Spring Valley Township Zoning Code and Section 1002.2 of the Spring Valley Township Zoning Resolution.
Of the approximately 200+ acre site, approximately 116 acres will be mined in accordance with the site plan filed with the application.
Though designated as A-10 prime agricultural ground by way of zoning designation, the property is not prime agricultural productive soil based on the nature and conditions of the soil.
Sand and gravel must be mined where it can be found.
The mining use proposed is not an unnecessary encroachment that either limits land uses or establishes incompatible land use.
Use of the property as proposed in the application does not pose by means of location or mode of operation a threat to surrounding agricultural activities or needless encroachment of prime agricultural soils.
The operation will not have an adverse effect on any public or private water supply. In fact, by changing the use from agricultural to mining, nitrates used for fertilizers and other substances in farming may be eliminated or substantially reduced as a possible contaminant of the water well supply. The applicant has agreed to set up a monitoring program to insure water quantity and quality. The program includes the testing, repair, and replacement, at American Aggregates¹ cost, any neighboring well water if the well is adversely affected by the applicants¹ operations.
American Aggregates Corporation has agreed to undertake road improvements to the surface road within the site itself as well as improvements on Cook Road in accordance with agreements with the county engineer. These improvements improve access both to the site and to the traveling public.
The company has agreed to mound the site in accordance with the zoning ordinance by erecting mounds varying in height from ten (10) feet to twenty (20) feet in locations as shown on the site plan. The mounds will be effective sight and sound barriers.
The Board finds that U.S. 42 has an already established level of background noise in the area of the site. U.S. 42 is a highly traveled roadway, the traffic of which is expected to increase, whether the mining site is opened or not. The plant site will not add measurably to the background noise. In addition, American Aggregates Corporation has agreed to use the best available technology in the operation of the plant in question. A noise plan has been prepared and submitted which will result in the reduction or elimination of objectionable noises from the plant site.
The applicant has agreed to limit its hours of operation from sunrise to sundown, six (6) days per week, Sunday excluded.
The company has agreed to limitations in excess to those required by the zoning resolution in establishing its site. The company has entered into agreement with Little Miami, Inc. to provide Little Miami, Inc. a permanent easement 250 feet wide along the Little Miami River in order to preserve both the river itself and its scenic river status. In addition, the company has provided Little Miami, Inc. property it owns in another location in Spring Valley Township, which will allow further control and protection of the Little Miami River.
The company investigated traffic and a traffic study was completed. There is little or no additional traffic concerns generated by the site. As this site is phased into operation, a site owned by the applicant in another area in Spring Valley Township will decline making truck traffic attributed to the applicant essentially the same as it is today.
A noise study was done, and the Board finds that the noise developed by the plant site will not violate any federal or state standard. In addition, the company has undertaken a noise reduction program, which will eliminate or effectively control any noise generated on the site.
The application is for a sand and gravel operation only and no asphalt or ready-mix batch plant will be located on site.
The applicant will utilize all available dust control measures as allowed by the Ohio EPA. The control measures proposed will be effective to control dust.
Surrounding real estate values will not be adversely effected by the proposed sand and gravel operation.
Sand and gravel is a needed ingredient for construction projects in and around Spring Valley Township and Greene County.
The applicant operates a highly regulated industry and permits from Ohio Department of Natural Resources, Ohio Environmental Protection Agency and other oversight groups are necessary before the permit on site is issued.
The Board finds that the use as a sand and gravel mine is so designed and located and proposed to be operated so that the public health, safety, welfare and convenience will be protected.
The current use of the property is agricultural. The mining use will not result in destruction, loss or damage of a natural, scenic, or historic feature of importance.
The mining use is designed, constructed, operated and maintained so that it will not cause substantial injury to the value of the property in the area or neighborhood where it is to be located.
The use is compatible with the adjoining development and the proposed character of the zoning district where it is located.
The use is served adequately by essential public facilities and services such as highway, street, police, fire protection, drainage structure, refuse disposal, water and sewer, and schools and persons or agencies responsible for the establishment of the proposed use are able to provide any such services adequately.
The use will not create excessive additional requirements at public costs for public facilities and services and is not detrimental to the economic welfare of the community. Taxes paid by the resulting sand and gravel operation far outweigh the taxes generated by the property in its current usage. In addition, the site will provide needed construction material for use in the area and its surroundings.
Adequate landscaping and screening are provided as required by the Zoning Code in Article 5, Section 515.
Adequate off-street parking and loading are provided and ingress and egress are so designed as to cause minimum interference with traffic on abutting streets.
The use conforms to all of the applicable regulations governing the district in which it is located.
The Board finds sand and gravel use is compatible with the standards, objectives and policies of the Greene County Regional Comprehensive Plan for land use.
The use as proposed does not involve uses, activities, processes, materials, equipment or conditions of operation that are detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or vibrations, and the site will be operated in accordance with the conditional use conditions which are made a part of these findings, and attached hereto.