The Hamblin County Planning Commission on Oct. 6 unanimously recommended denial of a request to rezone 57 acres from A-1 (agricultural) to I-1 (industrial) so Mac Materials could operate a quarry.

The rezoning would have applied to 57 acres of a larger 361-acre tract along McLeister Road and Chucky River Road. The commission’s recommendation goes next to the Hamblin County Commission, which will make the final legislative decision.

Supporters of the rezoning, represented by attorney Ben Mullins and company representatives Philip Carlisle and others, told the commission the applicants had obtained required state permits and had reduced their request to 57 acres “in order to make sure that we are only asking for the amount that we need and we can maintain control over the surrounding parcels to make sure there's a buffer,” Mullins said.

Mullins argued the state permitting process addressed environmental controls and that county zoning decisions must be made within legal standards: “State passed enabling statutes and your authority to do that is limited by that,” he told the commission. He added that neighbors’ “speculations, fears, and concerns of an aesthetic nature, however sincere, aren't the basis for denial.”

Opponents, led by attorney Doug Drennan and property owners including Mark Fullington and others living near the site, said state permits do not trump local zoning and stressed the rezoning would create an industrial footprint in a sea of agricultural land. Drennan told the commission the NPDES and other TDEC permits “do not impart a right to mine. It does not provide the state's approval for the placement of or zoning of a mine site. It does not supersede any local or county rules or regulations. Point blank period.”

Neighbors raised traffic, stormwater, potential expansion of industrial uses and property-value concerns. Resident Will Spaniel, who said he moved to the agricultural area three years ago, said he and his family “want to maintain and grow up in a good agricultural area that we don't have to worry about industrialization happening close to us.”

Company representative Philip Carlisle said the applicants had spent months obtaining state permits and had trimmed the rezoning request after the commission’s prior review. Carlisle said the proposed quarry would provide local aggregate and competition: “Having competition is good for business. Having an option, that can help, regulate, the price per ton for aggregates,” he said, and noted expected tax revenue and severance taxes.

Commission discussion focused on legal standards for rezoning, whether the request constituted spot zoning and whether the county’s adopted zoning map, and adjacent industrial uses, affected the analysis. Planning staff and the county attorney were asked for legal context during the meeting. County Attorney Capps told the commission that decisions over rezoning can be litigated and appealed to higher authorities if parties choose; he did not direct the commission toward a particular outcome.

After a motion to deny was made and seconded, the commission conducted a roll call vote. The commission recorded a unanimous vote recommending denial; the chair declared the finding unanimous and directed parties that the decision and record would be transmitted to the county commission.

The matter now moves to the Hamblin County Commission, where opponents and proponents may press their positions again. The applicants retain the ability to seek the county commission’s approval, and, if necessary, pursue legal remedies through the courts.

Ending: The commission paused briefly to clear the courtroom for remaining plats and appeals; proponents and opponents were told the rezoning recommendation would be part of the record forwarded to the county commission.