Quarry approval sought

A local firm has officially requested that the city's Board of Zoning Appeals look at granting a special condition for a rock quarry that was turned down five years ago.

The proposed quarry would be located on 101.4 acres at 196 L. Fisher Road.

Last week, Tennessee's Supreme Court refused to hear the City of Shelbyville's appeal of a ruling won by Norma and Tommy Wright, Wright Paving Co. Inc. and Custom Stone LLC.

The Wrights claimed in a suit that the city did not give adequate notice of a change in zoning laws they say impacted their property where they had wanted to place a rock quarry.

City attorney Ginger Shofner stated last week that Shelbyville will now have to follow the law that was set down in the case "according to how the middle district court ruled."

In November, the Tennessee Court of Appeals at Nashville ruled that the city's published notice in regards to the 2004 zoning change "failed to provide reasonable notice to landowners that their property may be affected" and found the notice to be insufficient.

As a result, the ordinance the council passed in 2004 was declared invalid by the Court of Appeals.

Shofner stated late Friday that the Wrights filed another application Thursday for a special exception for a rock quarry and crusher under I-2 zoning, "the law as it stood in 2004."

Currently, the city also has an I-3 zone, which was reinstated by the council in January, but the Wrights want to apply for the quarry under I-2 "based on their interpretation of the court of appeals decision," Shofner said.

She added that the city is currently looking at how they are going to respond to the request, and will likely do so sometime this week.

However, sources have told the T-G that the matter will not come before the Board of Zoning Appeals until late June.

Old issue

The application also states that neighboring property owners on Horse Mountain Road and Bethany Lane have been notified about the quarry request.

The issue of the Wrights' proposed quarry was controversial when it arose five years ago.

At the Nov. 18, 2004 meeting of Shelbyville Municipal Planning Commission, many citizens attended to oppose the proposed quarry, which would have been several hundred feet from another quarry on Railroad Avenue.

Planning commissioners at that meeting unanimously denied an application for the site under I-2, but the Wrights submitted a new application on Dec. 2, 2004, for a rock quarry under I-3 zoning.

The city council turned down their request in January 2005 "on the basis that the proposed location is close to residential development and community facilities and a rock quarry at that location would adversely affect property values and property use."

Before the Wrights' suit, Shelbyville only possessed two industrial zones -- I-1 and I-2. Mining and quarrying activity was allowed as a conditional use in the I-2 zone.

However, the city council introduced an ordinance in May 2004 that added an I-3 industrial zoning district which deleted certain uses, including stone quarrying and crushing, from I-2.

The council voted to re-enact the creation of a Special Impact Industrial District (I-3) geared for specific facilities in January of this year.

The new ordinance includes a list of facilities permitted as conditional uses, or special exceptions, in the I-3 district, such as correctional institutions, junk yards and quarrying activities.

Shofner has said that the appeal court's decision would not impact the ordinance passed in January.