FAYETTEVILLE -- Washington County's justices of the peace voted Thursday to deny a permit for a red dirt mine on 20 acres off Wedington Drive, west of Fayetteville.
The Quorum Court voted 10-4 to deny the request for permit sought by Bobby Morris for his Heritage Farms project. The Planning Board voted to deny the permit in February and Morris appealed to the Quorum Court. The justices of the peace considered a motion to deny the permit at the Quorum Court's March meeting but didn't move the item past a first reading, leaving it on the agenda for Thursday's meeting.
County zoning
Land in unincorporated Washington County is zoned for agricultural and single-family residential use. Any other use requires the property owner to obtain approval of a conditional use permit by the county’s Planning Board. The decisions of the Planning Board may be appealed to the Quorum Court. Decisions made by the Quorum Court may be appealed to circuit court.
Source: Washington County
A motion to suspend the rules and read an ordinance more than once at a meeting requires 10 votes for approval. The justices of the peace approved a motion Thursday to put the ordinance on its third and final reading before voting to deny the permit.
Morris said he was disappointed but not surprised. He said he will appeal the decision to circuit court.
"All the way, as far as we need to go," Morris said.
Mac Childs, one of the neighbors who opposed the project, applauded the vote by the justices of the peace.
"I'm super excited," Childs said. "The JPs saw what justice was."
According to information submitted, Morris' plans call for red dirt to be mined on about 20 acres. The mining would be done in stages with no more than 6 acres in use at any one time The mining operation could continue for as long as 10 years. During peak times, as many as 75 dump trucks could make trips to and from the mine daily.
Neighbors objected to the plan at the Planning Board meeting in February and at last month's Quorum Court meeting. They complained about the noise and dust from the site; possible contamination of ground water and wells; the hazards of heavy truck traffic on narrow county roads; and the incompatibility of a mining operation with the surrounding residential and agricultural properties.
The Quorum Court also denied a second request for a conditional use permit request Thursday, for the Elite Elevate Training Academy, a youth sports training facility, proposed for a site near Farmington. The Planning board approved the training facility in February and neighbors who opposed the plan appealed that decision to the Quorum Court. The justices of the peace voted 11-2 to deny the permit, with one abstention.
The plans submitted by Manuel and Clarice Whitmore call for an indoor gym for youth baseball and basketball team training and tournaments. The facility would be built on 2 acres of a 25 acres off Bethel Blacktop Road. The project had been tabled by the Planning Board in January after board members raised concerned about the parking planned for the building. The Whitmores brought back plans with added parking and said they had an agreement to operate a shuttle service from a nearby business for overflow parking.
Neighbors objected to the increased traffic in the area and the noise of a sports venue in a residential area. They also said the value of their property would decrease if businesses are allowed in the area.
Farmington Mayor Ernie Penn told the justices of the peace his city is considering annexations and the area on Bethel Blacktop Road is one area under consideration. Pen said the training academy needed to be in a commercial area, not a residential area.
"Our city feels strongly we need to protect the integrity of our neighborhoods," Penn said. "When they are annexed in, we do not want a non-conforming use grandfathered in."
Several justices of the peace agreed during their comments the area should remain residential and urged the Whitmores to find a different site, in an area with other commercial uses.
The Whitmores said they will appeal the decision to circuit court.
"We did everything they asked and more," Manuel Whitmore said. "We went above and beyond what other people have had to do."
Clarice Whitmore said she was disappointed, arguing justices of the peace didn't give equal weight to the support for the project.
"They had 167 signatures in opposition," she said. "We turned in 301 in support. That's doing a disservice to the entire county. They're not representing Washington County, they're representing Bethel Blacktop Road.'
NW News on 04/19/2019