Friday, July 11, 2014

GAS WELLS, ZONING ISSUES, TRANSPARENCY (OR LACK THEREOF) AND MORE



ANOTHER GAS WELL IN CITY?
At this week’s Council meeting Building Commissioner Dale Grabfelder reported that residents had contacted the city after receiving a letter from an energy company, informing them that a “frac” gas well was going to be installed on residential property located at 916 Lander Road.
Grabfelder stated that the city hadn’t received any documentation concerning the purported gas well.

Typically drilling companies use independent contractors (aka “landsmen”) to obtain necessary drilling leases, thereby insulating themselves from liability for anything the landsmen do or say.

Pretty sweet, no?

Ohio law requires 20 contiguous (touching) acres of land in order to drill a gas well. 
While drilling companies can apply to the Ohio Department of Natural Resources to force property owners to join a drilling pool, they can only do that after they obtain almost all of the land they need on their own.

One tactic that drilling companies and landsmen have been known to use is to categorically state that a gas well is going in and then use that statement to pressure and/or leverage residents into signing drilling leases.
They convince residents that a gas well is a “fait accompli”-----even if it isn’t.

The financial reality of gas wells isn’t necessarily what you’d think.

It’s not like the Beverly Hillbillies.

Wholesale gas prices have dropped dramatically over the last few years.
Gas wells have a fairly limited life and typically are most productive during the first two years, after which production falls dramatically.
And royalties are paid not based on gross production but on “net” revenue----as determined by the drilling companies themselves.

If that sounds like a good deal to you, I’ve got a bridge in Brooklyn I’d like to sell you.

To keep gas wells out of residential neighborhoods, residents need to do just one simple thing:

Just Say No

If a drilling company doesn’t have lease rights to 20 touching acres of land, they can’t drill.
It’s that simple.

INCREASING LACK OF TRANSPARENCY
This week’s Council agenda included these two items:

  • 5. Proposed Ordinance assessing the cost of abating a certain nuisance, and declaring an emergency.
  • 6. ..Proposed Ordinance 15-2014 approving the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances of Highland Heights and declaring an emergency.

I know, I know.
There they go again, declaring every piece of legislation an emergency…even when it’s not.
I read the agenda and thought:
What Nuisance? What Ordinances?

Guess it’s a secret.

While no one wants an agenda the size of a paperback book, it would take little space to add a property address or list the numbers of the ordinances being amended.

But, increasingly it seems, Council seems to want to keep everything “hush, hush”.
Which makes me wonder:

Public business Is Supposed To Be Public….Isn’t It?

BISHOP ROAD WOODLAND PRESERVE…
CLOSER TO REALITY?

The Euclid Creek Watershed Partnership included this item in their latest newsletter:

“Planting Day in Highland Heights
Sat, Oct. 10, 9:00am-1:00pm. Bishop Road property.
More details coming closer to the date.”
www.EuclidCreekWatershed.org

Sounds like the city’s new Woodland Preserve is moving ever closer to becoming a reality.
Mark your calendars and get your shovels ready!


MAJOR EXPANSION OF FORMER
BROWN FLYNN PARKING LOT

The former Brown Flynn building on Wilson Mills Road (across from FitWorks) is sitting on what used to be a residential lot.
The front part of the property was rezoned several years ago, to allow for business use.
The back portion is still zoned for residential use.

The Brown-Flynn building has been sold.
The individual who bought it (who has been referred to as an anesthesiologist, but who a source in the know tells me is a nurse anesthetist) apparently intends to install a billing company there.

It must be quite a large company.

The new owner wants to double the parking lot…which means removing many mature trees and expanding access to the rear of the building.
Needless to say, the abutting neighbors are quite upset.

Traffic, noise, lower property values and a loss of privacy are just a few of their concerns.

At this week’s Council meeting, Councilman Bob Mastrangelo, a Planning & Zoning Commission (P&Z) member, indicated that the business owner had agreed to modify his plan, reducing the number of new parking spots to be installed from 13 to 9.

The city’s zoning code contains setback and landscape buffer requirements that apply to business parking lots.

Nearby neighbors will be out of luck trying to oppose the expansion if the parking lot meets those requirements.


POOL DECK CONTROVERSY CONTINUES

I recently blogged about an enormous deck that was built adjacent to an established above-ground pool on Rutland Drive.
The edge of the deck is approximately 11 feet away from the rear property line.

Impacted neighbors have pushed back, insisting that the city enforce the 40 foot setback requirement applicable to decks set out in the Highland Heights zoning code.

City Law Director Tim Paluf, backed up by Mayor Scott Coleman, insists that the self standing deck is not a "deck" at all, but a part of the previously installed above-ground pool.
Calling it a "pool" renders the deck legal because pools can be as close as 10 feet from property lines.

There's one problem with Paluf's reasoning....

It's called the Highland Heights zoning code.

Pools are unambiguously defined in the zoning code.
Ordinance 1319.01 states that a "pool" is an "excavation or depression...designed or constructed to hold or retain water". Period.

Is a deck an "excavation designed to hold water"?

According to Paluf and Mayor Coleman the answer, apparently, is yes.
The neighbors, quite sensibly, disagree.

They appeared before P&Z this week, after filing an appeal challenging the building department’s after-the-fact issuance of a deck permit to the pool owners.
Watching from the sidelines were the pool owners and what appeared to be 8 family members.

Spokesperson Grant Mackay, who lives directly behind the pool, described some of what now sits on the enormous deck: an outdoor storage unit, a full set of patio furniture, over 100 LED lights and a potted tree.
Comparing the size of the pool with the size of the deck, Mackay commented:

You can have more people on the deck than in the pool.

Mackay told P&Z:

“We aren’t looking to make trouble and I know that mistakes happen. Mistakes happened here, but we weren’t the ones that made the mistakes. We are looking (to the city’s zoning code) for protection.”

The matter has been set down for a public hearing on Monday July 28th.