A tire recycling company hoping to locate in Grove City will go before city council without a recommendation of approval from the city planning commission.

A tire recycling company hoping to locate in Grove City will go before city council without a recommendation of approval from the city planning commission.

The planning commission on March 15 voted 3-1 to recommend that council reject Entire Energy and Renewables' planned facility at 3570 Sunshine Park Place. The company would use 48 tons of shredded tires per day to create products such as a pigmentation medium, scrap steel and synthetic natural gas.

Gary Leasure, Marvin Holt and Mike Linder voted "no" on a recommendation for zoning approval. City administrator Chuck Boso voted "yes." Member Dan Havener was absent.

City chief building official Mike Boso earlier ruled Entire Energy doesn't meet the city zoning code. The city and the city's attorney met with Gary Curry and his attorney Feb. 24 to discuss the issue, Chuck Boso said.

Curry owns the building at Sunshine Park Place and is part of the Entire Energy joint venture. The parties later agreed to take the issue to the planning commission.

Council will give a first reading to the zoning request on April 2. A public hearing will be held April 16.

Stephen Smith, special counsel for the city, is unable to represent the city because his firm, Ice Miller LLP, also represents Curry.

The city instead is using Columbus attorney Donald Plank. Boso said the city has a $5,000 purchase order open for Plank's services. The final cost could be higher or lower, depending upon the amount of time Plank works.

The current zoning of SD-4 miscellaneous "seems to be a hodgepodge," Plank said. The zoning code allows for "offensive" uses, some of which are more intense than the one in question, such as sanitation and sewage processing, he said.

Grove City's zoning code has a difficult time keeping up with technology, Plank said. Uses that could have been offensive 10 or 15 years ago when codes were written are "becoming common-place."

When Holt and Leasure voiced concern about emissions and risks involved in storing carbon black, Plank said the planning commission should not consider a facility's process or logistics when determining appropriate land use.

Three people who oppose Entire Energy's plan spoke to the planning commission.

Charles Brown said truck traffic created by Entire Energy would pose a safety risk.

"I can't see anything good about having this kind of situation in downtown historical Grove City," he said.

The Rev. Robert Tolar Jr. of the First Presbyterian Church of Grove City agreed that Sunshine Park Place is not the best site for Entire Energy.

Chris Ingram of Vorys, Sater, Seymour and Pease LLP, representing Curry, said the hearing was unnecessary because the proposed use falls under existing regulations. Entire Energy's carbon black does not involve combustion or natural gas flames, he said.

In determining appropriate land use, he said, the planning commission should evaluate the facility's process, not the product. Entire Energy "squarely fits" in the refuse systems use category, he said.

"I guess I still have concerns about the hazards," Leasure said.

Lt. Bill Dolby of the Jackson Township Fire Department said if council approves the zoning request, Entire Energy would have to comply with building and fire codes.

"I don't think everybody should be afraid that their concerns are not going to be addressed at some point in this whole process," he said.

Ingram told ThisWeek that Entire Energy's proposed operations are "clearly a permitted use" that falls under collecting and disposing refuse. The tire shreds are refuse and are completely disposed of, he said.

Any disapproval of this use "violates (Curry's) constitutional rights," Ingram said.