Zoning resolution comes under fire in quarry debate on The Murfreesboro Post

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Zoning resolution comes under fire in quarry debate

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By: MICHELLE WILLARD, Post Staff Writer

Posted: Friday, September 12, 2008 10:30 am

Neighbors of the Murfreesboro-Rutherford County Rock Quarry in the Blackman community will have to wait another month before Rutherford County Board of Commissioners makes a final decision about its expansion.

The Rogers Group, which owns the quarry, requested a conditional-use permit to rezone approximately 135.9 acres from residential to industrial for resource extraction.

But, due to conflicting language in the county’s Zoning Resolution, the commission deferred a decision until its next meeting so the county attorney can research the issue.

Jay Jackson, an attorney for some of the quarry’s neighbors, found an apparent discrepancy in the county’s Zoning Resolution, which he presented to the commission during the meeting.

At issue is the setback requirement for resource production and extraction (Section 7.03 of the resolution). In the current resolution, quarries must be set back at least 1,500 feet from surrounding homes zoned residential 100, R-40, R-20, R-10 and R-8.

County Planning Director Doug Demosi researched the surrounding home and found they are all zoned R-15.

“This is what we enforce …,” Demosi said while pointing to a copy of the most current zoning resolution. “This doesn’t have R-15. It says R-20. … This is the resolution I was given and this is what I use.”

However, Jackson found the R-15 designation listed in the 1984 Rutherford County Planning Resolution and no supporting documentation that the county commission voted to repeal the R-15 setback requirement.

The county commission must pass in a simple majority vote all changes in the Zoning Resolution.

If the R-15 designation should be in the current resolution, then the permit request from the Rogers Group would not comply with regulations because some homes are closer than 1,500 feet to the quarry’s boundary.

The Rogers Group, 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.

During the planning process, Rogers Group negotiated with the county and agreed to fund construction and materials to widen Burnt Knob Road to three lanes with a six-foot shoulder from the Murfreesboro-Rutherford County Quarry to the new Beesley Road interchange.

The company also promised to build berms around the property to reduce noise and dust.

The company met with 250 homeowners and determined the primary concern of area residents is Burnt Knob Road.

Other commission agenda items
- Standing committees were confirmed for the coming year, and committee chair and vice chair appointments were made vote on chair and vice chair appointments.

- Commissioner Gary Farley (District-7) was selected as Chairman Pro-Tem. Commissioner Doug Shafer (District-1) was selected as Chaplain.

From the Budget and Finance Committee:
- Unanimously approved the resolution authorizing funding for Buchanan Middle School and north corridor middle school projects in the form of a municipal bond.
- Unanimously approved an initial resolution authorizing the county to inform the public of the intention to borrow up to $85 million in general obligation bonds.
- Unanimously approved a resolution authorizing the County Mayor to request Murfreesboro forego its share of the next bond issue, which totals around $4.8 million.
-Approved in a 20-1 vote, Commissioner Anthony Johnson dissenting, a resolution approving the On-the-Job Injury Program plan document.

From the Steering Committee:
- Unanimously approved a resolution authorizing an increase of $1 to the local litigation tax for General Sessions Judges’ salaries. The local litigation tax will increase from $8.35 to $9.35 per case Oct. 1.
- Unanimously approved a resolution to levy a $10 Privilege Tax to be used exclusively for Jail/Workhouse construction, reconstruction, upgrading or to retire debt, effective Oct. 1.
- Unanimously approved a resolution to levy a $25 Litigation Tax on civil and criminal cases to be used exclusively for courthouse security, effective Oct. 1.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.

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Member Opinions:

By: bornhere on 9/12/08
Need to shut down that quarry altogether. don't need it. Better ways to get rock. Use "Borrow Pits". they are temporary and supposed to be reclaimed when done and make unusable land useful but I guess that would make too much sense............