In response to the appeal issued against the Board of Commissioners on their approval of a rezoning request to allow the construction of a new marble manufacturing plant, Hall County is demanding a jury trial if the court refuses to dismiss the appeal altogether.
The appeal was filed in Hall County Superior Court on November 11 by the Cumberland on Lanier Owners Association.
Cumberland on Lanier is a gated community located along Browns Bridge Road about a half mile away from the new 100,000 square-foot proposed facility, which is directly across the street from the current Mincey Marble Manufacturing plant.
Mincey Marble, which has been at its current location for nearly 40 years, is looking to modernize operations with a new state of the art facility.
The concern is that the new plant will further congest traffic along Browns Bridge, to which Ed Myers, civil engineer for Mincey Marble, responded by stating that they would construct a turn lane into the facility to alleviate traffic congestion at the June 20 Hall County Planning Commission meeting. The idea of a red light at the intersection was also brought up at that meeting, which Myers said he favored, but that decision is up to the Georgia Department of Transportation and out of his hands.
Another cause for concern is the release of carcinogens in the air from the plant and the ill health effects it might have on the neighboring residents. Jim Huddleston, Vice President of Operations at Mincey Marble, said in response that they are working with Georgia Tech and OSHA on all their dust and styrene emissions to make sure they are in compliance with EPA regulations.
Perhaps the most substantial complaint in the appeal, however, is the accusation that this is a case of spot zoning and that converting this residential piece of land to industrial goes against the county’s comprehensive plan.
In fact, the Hall County Planning and Zoning staff recommended this request for denial stating in their report that “the proposal expands incompatible industrial uses in a predominant residential area.”
The staff report goes on to state, however, that if the request were to be approved, they would recommend certain conditions to be put in place including all inventory, scrap and by-products be stored inside the facility or in a fenced-in enclosure out back and that the developer seek the architectural approval from the Hall County Planning Director before starting construction on the facility.
The Planning Commission unanimously approved the request with the conditions, while the Board of Commissioners was split with the request narrowly passing with a 3-2 vote during their Oct. 13 meeting.
Hall County adamantly denied all of these accusations in a response letter filed on Dec. 30.
