Board of Zoning Appeals upholds notice of noncompliance for Rocky Ridge site on Angola Road after public hearing

The Toledo Board of Zoning Appeals on an administrative hearing upheld a notice of noncompliance that ordered a halt to mining- and reclamation-related work at 4004 Angola Road and related parcels, leaving the city and state permitting questions unresolved.

The board’s decision follows an appeal from Rocky Ridge Development and its representatives, who asked the panel to rescind the July 16, 2025 notice that directed cessation of “mining and mining-related activities.” Rocky Ridge representatives said they had stopped excavation and asked that the notice be lifted so they could complete reclamation of a fill site with drinking water treatment material.

Rocky Ridge representative Ed Moore, identified himself as representing Rocky Ridge Development, told the board the company “honored [the notice] in the spirit of cooperation, and we ceased all excavation and trucking activities immediately.” Moore said the company’s intent, if the order were lifted, would be to “complete the reclamation of the site by bringing material in and closing the hole” and that the parcel would be returned to agricultural use when finished.

Planning staff and members of the public raised unresolved issues the board said could not be ignored. Josh Landowski, zoning compliance manager with the Toledo Planning Department, told the board the city’s analysis found the prior activity and any future addition of “spent lime” (drinking water treatment material) would likely require separate city approvals, including a special‑use permit and updated floodplain documentation.

Several neighbors described ongoing health, dust and noise impacts during periods when trucks and earthmoving equipment were active at the site. Resident Cynthia McAtney Lee said the work had been “absolutely a nightmare,” reporting daily dust, nuisance noise and damage she attributed to site operations. Neighbor Bill Hoag, who said he owns property across Burn Road, described health impacts in his household and urged that the stop‑work order remain in place until investigations and cleanup are complete.

Rocky Ridge and its counsel disputed some factual claims in public testimony and urged the board to treat the matter narrowly as an appeal of the validity of the notice. Attorney Chris Parker, representing Rocky Ridge, said the company had complied with state permits and argued the Toledo Municipal Code’s definition of mining applies to removal of material intended for off‑site use; he said no off‑site removal was occurring at present. Rocky Ridge also cited state permits from the Ohio EPA and Ohio Department of Natural Resources and asserted aspects of state law bearing on the permitted beneficial reuse of drinking water treatment material.

Planning staff countered that material had left the site previously and that permits and floodplain approvals remained open or unresolved. Staff also warned the board that lifting the notice could bypass other city review processes that would address long‑running neighborhood concerns. The board said those unresolved jurisdictional and permitting issues should be addressed by the bodies responsible and that the hearing record did not provide the confidence to lift the notice.

After deliberation the board voted to uphold the notice of noncompliance, keeping the stop‑work direction in place. The board did not rescind the order and directed that related questions about special‑use permitting, floodplain documentation and outstanding state investigations be addressed through the appropriate city and state agencies.

The board’s written order and any conditions or follow‑up tasks will be issued separately by the secretary’s office and by the city departments with authority to act on floodplain and permitting requirements.