Catoosa commissioners will appeal asphalt plant ruling
Thursday February 8, 2007 4:24:12pm
Catoosa will appeal a decision by a Superior Court judge that sidelines the requirement for a special use permit for certain industrial projects.
The case that is upsetting a section of Catoosa County’s Planning and Zoning ordinances is R.N. Talley Properties, LLC vs. Catoosa County. Judge Jon “Bo” Wood ruled in late January that the ordinance requiring a special use permit was “vague and unenforceable.”
Talley wants to build an asphalt plant off Loving Road in Rabbit Valley but many area residents have protested the project.
Catoosa County Board of Commissioners voted on Feb. 8 to have County Attorney Clifton “Skip” Patty appeal the decision by Judge Wood to the Georgia State Supreme Court.
“This is a good action,” said Chairman Bill Clark. “We will fight this as long as we can.”
A former board voted 3-2 to allow 13 acres on Lines Drive adjacent to the Stone Man Quarry off Lovingood Road could be zoned industrial back in 2002.
Roger Talley of Talley and Krech said then that he wanted to build a shop there and park some of his trucks on the property.
However, area residents suspected then that the move was the first step to the eventual placement of an asphalt plant by Talley who also owns Southeastern Materials. The group provided the board with a petition with 450 signatures urging that the area remain agricultural.
Former Commissioner Pat Page said at that time that in order for the company to place an asphalt plant there, it would have to go through the special permit process and she did not believe such a request could pass the planning commission.
An asphalt plant is not the result Page said she voted in favor of in 2002.
Attorneys for Talley in January 2006 came to the Board of Commissioners to request a ruling on a special use permit but commissioners said they would need to go through the planning and zoning process.
With the judge’s ruling overturned the county’s requirement, without a win in the appeals process, Catoosa County may not be able to prevent an asphalt plant from being built.
Several area residents attended the Feb. 8 meeting. Some among them were Millie Cheek, John Lines and Robert Gordy.
Cheek said despite the fact they live on Lovingood Road, the fight against the asphalt plant affects more than the neighbors.
“Its about Catoosa County’s future and the type of industry that’s allowed to locate here,” she said. “It is going to be a sad situation for the folks who have invested their lives to call the county home.”
According to Patty, the decision by Judge Wood does not affect the specific businesses listed in the ordinance which are required to acquire a special use permit such as a glue factory; it is just those businesses which were regulated under a nuisance section of the code: “any industrial or commercial use that may emit injurious or annoying noises, vibrations, smoke, dust, fumes, gas or odors.”
He said since this process began the county commissioners updated the ordinance to specifically require a special use permit for asphalt plants.
While that new ordinance does not cover Talley, this move will likely thwart an attempt by another company to build nearby in the event Talley is successful.
Brian Lawrence, vice president of environmental affairs for C.W. Matthews Contracting Co. Inc. of Marietta, Ga., said in a Jan. 10, 2006 letter to The Catoosa County News if Southeastern Materials is successful and its asphalt plant is built, CWM also would like to build an asphalt plant near Stone Man and will submit an application to do so.
According to Lawrence, CWM attempted to build an asphalt plant near Stone Man quarry in 1995 and received a positive vote from the Catoosa County Planning and Zoning Commission to receive a special use permit. Commissioners later denied the permit in a 4-1 vote, he said.
The Catoosa County News left a message requesting comment from Roger Talley at noon Jan. 8 and is awaiting a response.
In other business Tuesday, Feb. 8 at the Governmental Building the Catoosa County Board of Commissioners voted unanimously to:
* Approve an intergovernmental agreement with Fort Oglethorpe for the West Chickamauga Creek sewer project.
* Nominate Angela Tobias, L. Wesley Smith, Tom Weldon, Dr. Darrell Weldon, Clifton M. Patty, Jr. and Randall Peters as candidates to fill two seats on the Board of Trustees for the Hospital Authority of Walker, Dade and Catoosa.
* Re-affirm E-911 fees charged to telephone customers.
* Approve gift of a surplus 2002 Dodge Intrepid to the Post Volunteer Fire Department.
* Appoint Killian & Clark as the architect for the Catoosa County Learning Center addition and approve contract in the amount of $28,300.
* Approve several agreements for maintenance of copy and postage machines for various government departments for total of $2,397.
[ad1]
The case that is upsetting a section of Catoosa County’s Planning and Zoning ordinances is R.N. Talley Properties, LLC vs. Catoosa County. Judge Jon “Bo” Wood ruled in late January that the ordinance requiring a special use permit was “vague and unenforceable.”
Talley wants to build an asphalt plant off Loving Road in Rabbit Valley but many area residents have protested the project.
Catoosa County Board of Commissioners voted on Feb. 8 to have County Attorney Clifton “Skip” Patty appeal the decision by Judge Wood to the Georgia State Supreme Court.
“This is a good action,” said Chairman Bill Clark. “We will fight this as long as we can.”
A former board voted 3-2 to allow 13 acres on Lines Drive adjacent to the Stone Man Quarry off Lovingood Road could be zoned industrial back in 2002.
Roger Talley of Talley and Krech said then that he wanted to build a shop there and park some of his trucks on the property.
However, area residents suspected then that the move was the first step to the eventual placement of an asphalt plant by Talley who also owns Southeastern Materials. The group provided the board with a petition with 450 signatures urging that the area remain agricultural.
Former Commissioner Pat Page said at that time that in order for the company to place an asphalt plant there, it would have to go through the special permit process and she did not believe such a request could pass the planning commission.
An asphalt plant is not the result Page said she voted in favor of in 2002.
Attorneys for Talley in January 2006 came to the Board of Commissioners to request a ruling on a special use permit but commissioners said they would need to go through the planning and zoning process.
With the judge’s ruling overturned the county’s requirement, without a win in the appeals process, Catoosa County may not be able to prevent an asphalt plant from being built.
Several area residents attended the Feb. 8 meeting. Some among them were Millie Cheek, John Lines and Robert Gordy.
Cheek said despite the fact they live on Lovingood Road, the fight against the asphalt plant affects more than the neighbors.
“Its about Catoosa County’s future and the type of industry that’s allowed to locate here,” she said. “It is going to be a sad situation for the folks who have invested their lives to call the county home.”
According to Patty, the decision by Judge Wood does not affect the specific businesses listed in the ordinance which are required to acquire a special use permit such as a glue factory; it is just those businesses which were regulated under a nuisance section of the code: “any industrial or commercial use that may emit injurious or annoying noises, vibrations, smoke, dust, fumes, gas or odors.”
He said since this process began the county commissioners updated the ordinance to specifically require a special use permit for asphalt plants.
While that new ordinance does not cover Talley, this move will likely thwart an attempt by another company to build nearby in the event Talley is successful.
Brian Lawrence, vice president of environmental affairs for C.W. Matthews Contracting Co. Inc. of Marietta, Ga., said in a Jan. 10, 2006 letter to The Catoosa County News if Southeastern Materials is successful and its asphalt plant is built, CWM also would like to build an asphalt plant near Stone Man and will submit an application to do so.
According to Lawrence, CWM attempted to build an asphalt plant near Stone Man quarry in 1995 and received a positive vote from the Catoosa County Planning and Zoning Commission to receive a special use permit. Commissioners later denied the permit in a 4-1 vote, he said.
The Catoosa County News left a message requesting comment from Roger Talley at noon Jan. 8 and is awaiting a response.
In other business Tuesday, Feb. 8 at the Governmental Building the Catoosa County Board of Commissioners voted unanimously to:
* Approve an intergovernmental agreement with Fort Oglethorpe for the West Chickamauga Creek sewer project.
* Nominate Angela Tobias, L. Wesley Smith, Tom Weldon, Dr. Darrell Weldon, Clifton M. Patty, Jr. and Randall Peters as candidates to fill two seats on the Board of Trustees for the Hospital Authority of Walker, Dade and Catoosa.
* Re-affirm E-911 fees charged to telephone customers.
* Approve gift of a surplus 2002 Dodge Intrepid to the Post Volunteer Fire Department.
* Appoint Killian & Clark as the architect for the Catoosa County Learning Center addition and approve contract in the amount of $28,300.
* Approve several agreements for maintenance of copy and postage machines for various government departments for total of $2,397.
CLICK ON THESE LINKS
FEEDBACK: Send a
letter to the editor
SUBSCRIBE: Get The Catoosa County News each Wednesday
GO
BACK: Return to our homepage
[ad1]
Post a comment: You must be logged in order to comment.
<< < Prev - Next > >>
Login
| Password: |
Newest Users
Popular Blogs
What makes me mad in Walker County is...
What makes me mad in Catoosa County is...
The Watercooler
Disappearance of Theresa Parker, 911 dispatcher in Walker County
Larry Brooks: And then there was this -- the mind-numbingly stupid
Gas crunch, rising prices in Walker and Catoosa
Jeannie Babb Taylor: Palin pros and cons
Jeff O’Bryant: Sarah Palin -- Tougher in Alaska
Jeannie Babb Taylor: Got melamine? Formula-fed infants are at risk both at home and abroad
Bumper Stickers
Recent Blogs
Handgun found in restroom at Ridgeland High
Jeannie Babb Taylor: Got melamine? Formula-fed infants are at risk both at home and abroad
New policy requires Walker County students to make up time for bomb threats
Naman Crowe: The Russia/Georgia Conflict and America
Jeannie Babb Taylor: Palin pros and cons
Northwestern, Coosa Valley tech colleges will merge services
Gas crunch, rising prices in Walker and Catoosa
Northwestern Tech, Coosa Valley could merge under state savings proposal
Jeff O’Bryant: Sarah Palin -- Tougher in Alaska
The right connection? Walker hopes to connect with interstate to lure VW
Comments: 574
Joined: 07/24/2006
All Clark wants is whatever will get him elected as sole commissioner so he can run things the way he wants. Until he is gone, we have no hope of any sensible leadership in our county.
It is going to be a long 2 years.