City Council - Regular Meeting

Number two, agenda, public hearing for the rezoning portion from A1 to A2.

District, Central District, Central District, Central District, Parcel 2201, Franklin County, property number 47, located at Greenhall Road, Parcel 15.58, out to the Miller agent for his last thought, property owner. This is a portion of the fellow community. If anybody wishes to speak in against this, please raise your hand. Be recognized. You can come forward to the podium, state your name. And congressional comments to the commission. You will have five minutes to speak if anybody wishes to do that. Yes, sir.

My name is Neil Merritt. I'm a resident of Greenhall Road next to the quarry. I have a list of a petition here if y'all want these, a name sign opposing the quarry. So in order to make this decision to zone or not to zone, right? I'd like to point out the article two of the zoning resolutions of Franklin County. Part of that, which says promoting such this is this is the purpose statement of the zoning resolutions. Promoting such distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water, and supply, drainage, sanitation, education, opportunity, recreation, soil conservation, and fertility, food supply, and the protection of both urban and non-urban development, property, and building values. So the rest of that that I didn't read, it pretty much just says make everybody happy, which, you know, I don't envy your job. So, but it was, A key phrase here is such distribution of land. These are the zones, right, that the document is named after. Put things together of similar land use, right? Well, when you come to certain things like mining rock, it kind of gets hard to do, right, because you got to dig rock where the rock is. So the authors of the zoning regulations, in their wisdom, saw fit to create the I-1 industrial special type of zoning. So in this, it allows to, and one of the purposes that's allowed within that type of zoning is landfills and mining of rock. So if we look at this purpose statement of Article 9, which contains the industrial district special, to provide suitable areas and standards for intense and potentially noxious industrial uses, including open land operations, while affording the maximum practicable degree of protection of property values, land, air, and water quality, and other environmental factors for the long-term future of Franklin County inhabitants. So notice the stronger wording in the Article 2, as will tend to facilitate the conservation and conserve adequate provisions for. However, in the purpose statement for the I-1 special, affording maximum practicable degree of protection of property values. So when we take this all together, and also if there's a list of requirements, stringent requirements for such for quarrying, right? And one of those, section two, subsection 2.15, is a rehabilitation plan, right? It has a long list of things, thou shouts. And part D, the method of disposing of any equipment and structures used in the operation of the excavation upon completion of the excavation. So, the whole purpose of the I-1 special could be summarized as do what you have to do to dig the rock, but make every effort to minimize the impact on the environment and surrounding property and put things back as close as possible when you're done. So, I-1 special is a it's a allowable temporary spot zoning. They knew more times than not, a quarry is going to have to be put somewhere amongst a bunch of other land uses that don't fit. But the argument made here is we have to put it back the way we found it. So, and all of you have a a letter that I sent you that contains in greater detail, but I'm going to summarize for the sake of time. So what is being asked now is to put, shop an office truck. Things that are not required for mining rock. I know they're not required because they've been mining rock for five years, and there's a huge chunk of that hill that's missing. So it is not necessary for the mining of rock, and it is inconsistent with the surrounding zoning. Now, at some point, some years down the road, that quarry is going to cease to be digging rock.

Hi, my name is Kim Cunningham, and I live at 5278 Greenhall Road.

We moved here in Franklin County about a year and a half ago. I used to come down here for work and I just fell in love with the area, absolutely love the area. So when the opportunity came for me to transfer down here, we jumped on it 100%. Sold what we had, put our life savings into our dream home, a little one and a half acre lot right by the woods where we're gonna retire. I didn't know at the time the price of living so close to a mine quarry. I know that now and I'm paying that price. However, there's a light at the end of the tunnel. One day they're going to end, they're going to run out of rock to mine. And we'll have that quiet, peaceful home, you know, that we worked so hard and dreamed for. If this zone is changed, there's no light at the end of the tunnel for us. We're living next to an industrial area. It's going, I'm sorry, I'm very nervous. Before I came, I did a Google search for industrial areas for sale in Franklin County and found no less than six. This is not necessary. This is not required. You can't swing a dead cat around without hitting a Dollar General. It'll be the same way with an industrial park. I don't know that this is a good fit for Franklin County, and I know it's not a good fit for the folks that live in that area down the street or on Green Hall Road. I know that. Thank you.

Anyone else? Anyone in favor wish to address or come to the podium?

Good afternoon, everyone. My name is Clifton Miller. I actually reside at 488 Stovall Hall of Road in Belvedere, Tennessee. I am the agent for Tinsley, work for Tinsley, and they've asked me to speak tonight, give you a few facts. For those of you who were on this commission five, six years back when the Tinsley's got the rezoning of the quarry property, the Tinsley's asked me to say thank you for your efforts, thank you for what you did for the county, and to give you a little bit of information about what you did for this county. In making that decision, Tinsley's become the largest quarrying operation in the county by far. And last year, Tinsley Limestone collected $496,822 in sales tax, of which the county received $120,877. Last year, we paid $66,594 in severance tax. That money went straight into the road funds. The county didn't have to share it with the state or anyone else. It went straight in. Over the past three years, we have represented between 73% and 79% of all severance tax paid into the county road fund. And I suspect once I have the 2024 data completed, I suspect it will be somewhere probably around 80% of the severance tax paid into the county. Tinsley Limestone is a good business, it's a large business, and it impacts the county and helps the county in an economic manner. We also stay abreast of aggregate prices. One of the things that Tinsley's told this commission is that competition within the county would help keep prices down. We estimate, based on the price of aggregate in the surrounding counties, that aggregate in Franklin County is $2 to $4 less in this county than it is in surrounding counties. I can tell you that based upon our production, $2 per ton equates to $1 million in savings each year to the people of Franklin County who buy stone. I'll say that again, $2 equates to $1 million per year of savings to the people who buy stone in this county. So I think Tinsley Limestone has been a great addition to this county and is a good economic partner with the county. What we're asking to do is the 15 acres that is to the south and along Green Hall Road, we're asking for it to be rezoned. We need to build an office. We need to build a shop. And the zoning department said that we need that 15 acres rezone so we can build an office and we can build a shop there along Green Hall Road. And that's what we're asking you to do tonight is to rezone it so then we can go to Boza and get a special use permit so we can complete those tasks. Thank you. Do you have any questions for me before I leave?

Just to be clear, there's not going to be any mining of rock in the area you're talking about here, right? The 15 acres?

The 15 acres. There is a slight corner. You see where that corner protrudes? The mine could, as it proceeds back, could cross. No, no, no, no. No, all that's going to be occupied there, the Tennessee's owner residence there, that house is occupied by an employee of the company and probably will be for the foreseeable future. And then there will be a shop. and an office there in that large field.

If y'all find a lot of trees back when you first started to kind of hide some of this stuff, are y'all going to maybe plant some more trees between you and your neighbor?

We can. The site plan that I have worked on includes a landscaping barrier between the buildings and the road. There's already Bradford pairs that border the driveway going up to the residence, and all of this will be between that driveway, and the quarry berm, which has already got trees. So we can plant more along the road, but there seems to be a good stand of trees there right now. So that's the general plan.

One of the complaints I got was that the neighbor could look over there and they could see trees. Now they like that, so they want to continue to see trees.

We have no plans of taking the trees along the driveway down. I've stayed off of those. intentionally to keep them, and then the plan is to plant trees along the road. Any other questions? Thank you.

Do you have any questions for our planning consultant?

I'd like for him to come up and tell us why his office approved it. Sure.

Eric Bradford, Planning Director, Franklin County. My office didn't approve it. The Planning Commission approved it or recommended for approval to you folks. We did recommend approval through our office. Our staff did. Based on one simple thing, or actually two things. One, it's generally in compliance with the zoning resolution because of number two, that industrial or I-1 special zoning already exists on that one parcel of land, and it being the same parcel that is being requested for additional rezoning, that's why the recommendation was made to approve, based on nothing else but that.

Is there any other designation besides the industrial that could be applied, some commercial?

You could probably go to a commercial, but you're talking about splitting the zoning up again. For zoning applications, you really want to make sure it's unified. This is one of those things that's allowed in I-1 because it's allowed in I. So you kind of have some carryover between the individual zoning districts within one component. I know you all had some questions. Let me go a little bit further on some of this. I know you asked about trees and such as that. When or if I have to say if this measure passes, then the next step is a site plan, plot plan for their idea of what they want to do. At that point in time, the Board of Zoning Appeals can impress upon them to make sure there's some I would have some more trees or whatever we need and is needed to make sure there is some cover for that. Until, and I clarify this too, until this rezoning is or is not passed, there's no point to do a site plan. So that's one reason this comes first, then site plan, then other things. So it all takes a measured steps toward everything. I'm sorry, I cut you.

You're good. Is there any reason why that first, that piece wasn't rezoned originally with the rest of it? It's one parcel?

There are two pieces of that parcel that has not been rezoned. That one, and I couldn't tell you why this was done before I was here. There's a parcel to, as you see on the southeastern portion of that property or southwestern portion of the property, is more mountain land, which is not rezoned either. Probably not inhabitable for anything but deer, snake, and bears. Maybe a fox or two. But that front portion there, I couldn't tell you why, but that's probably the flattest ground on that whole piece of ground. Any other questions?

Thank you. Any comments?

Thank you.

Mr. Barrett, I'm going to give you just a second. If you've got another comment, then we're going to move on. Go ahead. Okay.

Kind of a procedural question. So the application was for just industrial, which is appropriate because these are permanent structures that they want to put there. So why was the staff report for industrial special and not industrial special? I'll return the podium.

For unification of zoning, it's I-1. I-1 would be the request.

That didn't answer the question.

One more time, if you don't mind.

The zoning is I-1. The request is for I-1, for unification of zoning.

Anybody else? For unification of zoning, what do you mean?

So that the entire parcel is I-1, not split-zoned, as it is now, with an agricultural and industrial I-1 special.

Yes, sir. We're going to move on. Thank you.

Yes, sir. Sir, this is actually pretty important.

Yeah. Everybody that comes in and addresses the commission goes by the same rules, and I'm going to ask that you go by those rules. Everybody's abided by them. Sir. That's the way we're going to do it. That's all.

You told me I could play the entire recording.

No, I didn't. I told you you would have five minutes to speak. No, you told me that before this meeting. I told you you would have five minutes to speak. Now, that's the rule set forth by the commission that everybody adheres to, and that's what we're going to adhere to.

Can we listen to their recording? No, sir.

You told me I'm going to do it. I told you you had the right to come here and speak. You told me. I know you weren't telling me. We're going to move on. It's not the question. It's not the question. I have a motion and a second just to approve the zoning. It is the rezoning. I will move to approve of Commissioner Kelly's second by Commissioner Riddle. Any further discussion or questions? Please cast your vote. If you wish to change your vote, there's some now, please. Please tally the vote. 14 to 2, motion carries. That takes us to number three on the agenda, approval of the minutes for February 18, 2025. Motion to approve by Commissioner Han, second by Commissioner Johnson. Any further questions or discussion? If not, please cast your vote. Mr. Chair, you're about to do so now. Please tally the vote. Motion carries. Number four is the report of the finance director. Number four on the agenda. Motion to approve by Commissioner Riddle, second by Commissioner Sheddars. Any further questions or discussion? If not, please cast your vote. If you wish to change your vote, leave something out.

Please tally the vote.

Motion carried. Legislative number five on the agenda, recommendations and communications, Number six, committee and department reports. If it pleases the commission, we can combine those A through D. Motion approved by Commissioner Keller, seconded by Commissioner Bauer. Any further questions or discussion? If not, please cast your vote. I would like to challenge your vote to do so now. Please tally the vote. Motion carries. That's new business. Resolution 3A0325 is a resolution meeting the Franklin County Board of Education general fund budget for Franklin County. Motion approved by Commissioner Bower, seconded by Commissioner Anderson. Any further discussion or questions? If not, please cast your vote. Who wants to change their vote and do so now? Let's tally the vote. I'll just carry this. The text is to number nine. Resolution 3B-0325, resolution amending the Franklin County Board of Education General Fund budget for Franklin County, fiscal year 2030-2025. Motion to approve by Commissioner McMillan, second by Commissioner Hahn. Any further questions or discussion? If not, please cast your vote. If you wish to change your vote, please come out. Please tally the vote. Motion carries. That takes us to number 10 on the agenda, new business. Resolution 3C-325, resolution meaning the general library of solid waste fund budgets in Franklin County for fiscal year 2025. Motion approved by Commissioner Bauer, second by Commissioner Whitlam. Any further questions or discussion? Please, if not, please cast your vote. Would you change your vote, please, from now? Let's tally the vote. Motion carries. That takes us to item number 11 on the agenda. Resolution 3D0325 is a resolution amending the highway fund budget at Franklin County for the fiscal year ending June 30, 2025. Motion to approve by Commissioner Shedd. Second by Commissioner Anderson. Any further questions or discussion? Please cast your vote. I wish to change your vote, but I'll do so now. Please tell me to vote. Please, the commission. Number 12, new business resolution are all multi-year lease for comp years. That would be 3E through 3H. Combine those. Motion to approve by Commissioner Hanson, by Commissioner Wiseman. Any further questions or discussion? If not, please stand to vote. Would you change your vote, please, for now? I'm sorry. There we go. Motion passes. Here it is. 13, new business resolution to affirm the compliance of federal Title VI regulations for Franklin County. Motion to approve by Commissioner McMillan, second by Commissioner Anderson. Any further questions or discussion? If not, please cast your vote. Would you change your vote, if so, now? Please tally the vote. Motion carries. Number 14, Resolution 3J-20325, resolution to request unclaimed balance of accounts submitted to State Treasurer under Unclaimed Property Act. Motion approved by Commissioner Mahan, seconded by Commissioner Wiseman. Any further questions or discussion? If not, please cast your vote. Mr. Chair, your vote moves to now. Please tally the vote. Mr. Chair, Number 15, Resolution 3K0325, Resolution to Approve Annual Review of Debt Management Policies, Cash Flow Statements of Franklin County. Motion to approve by Commissioner Davidson, second by Commissioner Johnson. Any further questions or discussion? If not, please cast your vote. Mr. Chair, your vote moves to now. Please tell me about my securities. That takes us to item number 16, new business resolutions. Please commission we can combine three I's and three P's of highways. Motion approved by Commissioner Riddle, seconded by Commissioner Kelley. Any further questions or discussion? If not, please cast your vote. Would the change of vote do something else? These two resolutions can be combined to hold the speed limit on two different roads. If you'll look at the actual resolutions, the name at the top of the resolution is correct. The name down in the verbiage will have to be changed. I think we can pass this contingent upon that being corrected down to the burden that everybody else wrote. That's just a top graph. Motion approved by Commissioner Shedders, seconded by Commissioner Johnson. For a question or discussion? If not, please state your vote. Move to change your vote. Do so now. Please tally the vote. Motion carries. Number 18, resolution 3S0325, resolution to reduce commercial vehicle, commercial motor vehicle travel on and over certain county roads. It's my recommendation that the commission would take this to a further legal investigation to be conducted. Motion to do that, to table by Commissioner Hance, second by Commissioner Johnson. Any further questions or discussion?

Comments?

If not, please cast your vote. Yeah, we're right. If you wish to change your vote, do so now. Please tell us to vote. Motion carries, 16-0, resolution is taken. Number 19, resolution 310325, resolution to declare items as surplus property. Motion approved by Commissioner McMillan, seconded by Commissioner Davidson. Any further questions, discussion? If not, please cast your vote. Mr. Chang, your vote is so now. Please tally your vote. Tally it up, I'm sorry. Motion carried. Number 20, new business resolution. Approve the social media policy for Franklin County Board handbook. Motion approved by Commissioner McMillan, seconded by Commissioner Bauer. Any further questions or discussion? If not, please cast your vote. Mr. Chang, your vote is so now. Please tally your vote. Motion carries. Twenty-one. Relations to deployments in Desperate Abort Appointment for Johnny Hughes. Motion approved, Commissioner Riddle. Seconded by Commissioner Hosch. Any further discussion or questions? If not, please cast your vote. Would you change your vote if so now? Please tally your vote. Motion carries. Thank you. Twenty-two. Election and Appointments to Approval of 700 publics. Motion approved by Commissioner Kelly, seconded by Commissioner Davis. Any further discussion or questions? If not, please cast your vote. If you wish to change your vote, please come now. Please tally the vote. Motion passes. This is a portion of the Commission meeting. We open it up for public comment or any public comment. Chair, would you invite us for a motion to adjourn? Motion to adjourn by Commissioner Riddle, seconded by Commissioner Davison. Any first questions or discussion, please cast your vote. We'll just change about this one now. Let's have a vote. We are adjourned.