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Quarry neighbors hope to force two-thirds vote


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Neighbors of Murfreesboro-Rutherford County Quarry in the Blackman Community have taken a page from the Bible Park playbook and filed a petition in opposition to the quarry’s proposed expansion.

Filed earlier this month, surrounding landowners filed notarized petitions with the Rutherford County Regional Planning Commission in hopes of forcing a two-thirds vote in the county commission when the quarry’s rezoning comes to a vote.

“I think the county commissioners are smart and they care about the residents of the county,” said Jay Jackson of Mitchell and Mitchell the law firm representing the quarry opposition. “When they get all the information about this they’ll make the right decision.”

Jackson said he researched the deeds and compiled a list of eligible landowners to ensure the petitions are valid.

Gerald Sullivan is a eligible neighbor who signed a petition against the quarry expansion. He has lived next to the quarry for 18 years and is tired of the dust and traffic from the quarry.

“I’m protesting the rezoning because they want to expand and that gives them more time to work it,” Sullivan said. “I may not be around in 25 years … but I’m helping protest it for my neighbors, too.”

Sullivan and his neighbors took advantage of Section 4.05 of Rutherford County’s Zoning Resolution. The provision allows for 20 percent of landowners with a common boundary or across a public road to submit petitions in opposition to the rezoning.

Should the petitions be verified, the county commission must approve the request with a two-thirds majority vote.

According to paperwork submitted with the petitions, representatives of the neighbors counted 29 eligible landowners, meaning only six of the petitions must be verified to force a two-thirds vote.

But 13 neighbors, or 44 percent, have submitted petitions. The Planning Department, along with County Attorney Jim Cope are working to determine if the petitions are valid.

Rogers Group got the nod of approval from the Regional Planning Commission last week to expand the quarry by 135.9 and extend its life by about 20 years.

The conditional-use permit will “secure access to additional reserves,” but not increase current production levels, said Tom Kenley with the Rogers Group.

The company, which bought the quarry in 2000, has 25 years worth of rock in the area it is currently quarrying and the new land will not be used until the current reserve is exhausted.

In a 10-2 vote the planning commission gave its recommendation to the company’s request for a conditional-use permit to rezone land adjacent to the current quarry from residential to industrial. The request now goes to the Rutherford County Board of Commissioners for final approval in September.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.
 
 
 
Tagged under  BPU, Quarry


Member Opinions:
By: Sputnik on 8/20/08
Looks like we have killed all future development in Rutherford County with this biased rule that two thirds of contiguous homeowners can stop any rezoning. This is a serious mistake for our county. When the minority can rule the majority, we have lost the republic we have so proudly built. This is still America, the majority should rule. I challenge the RCPC to seriously rethink this rule!

By: ashleymh007 on 8/21/08
I disagree, that is the beauty of America, where laws like this one can help give a voice to those who don't have one.
While it is their property and can do what they want, they shouldn't be able to do it at the expense of their neighbors.
I love America and I am all for capitalism, but in recent years capitalism has become almost communistic in some cases,where some companies and corporations have more control than the general public, which shouldn't be. What you end up getting is a few companies that run everything, with government support.
If the 2/3 vote is passed, I'm sure this company will find a way to expand its needs in a way that doesn't harm its neighbors. It will be harder, but it will force them to go about it in a more community friendly way than they are doing now.

By: Farmall on 8/21/08
Kind of enforces the good neighbor policy, doesn't it.

By: mypopculture on 8/21/08
The quarry expansion passed because the Roger's Group was offering a community friendly approach. They made many voluntary concessions that were not required of them. They agreed to help widen Burnt Knob road. They will build 25'-50' tall berms (landscape buffers) around the property to insulate noise and dust. They are enclosing part of their plant which was previously open (to reduce noise and dust). They up-graded the back-up beepers on their trucks to newer technology to reduce or eliminate the noise from traveling a great distance. They agreed to stop all operation (and conduct scheduled maintenance) during the dinner hour (for 2-3 hours). They are creating a neighborhood focus group that will meet at least quarterly to incorporate neighborhood feedback into plant operation. They agreed to never construct a concrete or asphalt plant on the premises.
The Roger's group made these concessions on their current operation which wasn't even up for review. The RCRPC had the choice of denying the expansion and losing in court once again (and losing all the concessions) or approving the plan and trying to make the situation better for the neighbors. Decisions like this one are always more complicated than they appear. No one wants to live near a quarry, why would you? But if you do, wouldn't you at least like to take advantage of improvements when they are offered? It was a tough call, but I think the RCRPC made the right one.

By: HuskyLover on 8/21/08
One point of contention about the widening of Burnt Knob Road Rogers has offered to do...

They are only offering to widen 1 mile of a 4+ mile road and it isn't even the more dnagerous section of the road. If they really want to sway public opinion, they shoud widen all of Burnt Knob since their trucks travel down both directions on a daily basis.

By: Sputnik on 8/21/08
Request for rezoning from...churches, quick marts, townhouses, storage facilities, recreation facilities...all of the things that are a result of growth now face the likelihood of being voted down because the homeowners don't want it in their backyard. What if the homeowners around The Avenues had pulled this rule out of the closet? What if the owners of property around the continuous growth of MTSU pulled this rule? Do you want a church as your next door neighbor? What about the Chamber of Commerce? Maybe a new Hooters? Everyone sees it differently, even though it may be good for the masses, not just the big businesses as ashleymh007 expressed. In a democratic republic, the majority rules, not just the big guys.

By: wood9642 on 8/23/08
you would not be so supportive of the rogers group if you had to deal with the dust snd the truckd on a regular basis. I BET YOU favored the BFI landfill also!


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