Request pulled

Portland City Council won’t be deciding on US Aggregates’ rezoning request, at least not for now.

Jay/Portland Building and Planning Department reported Tuesday that US Aggregates has pulled its request to rezone land in order to allow an expansion of its stone quarry.

Portland Plan Commission on April 1 voted 6-2 to recommend that Portland City Council deny the rezoning request. That decision then had to be certified within business 10 days, with Portland City Council then to act on the request within the next 90 days.

Rather than having the request move to city council, US Aggregates’ attorney Josh Atkinson requested that the application be withdrawn. City attorney Bill Hinkle determined that plan commission rules allow for such a withdrawal, so the request has been honored.

In an official statement, the company indicated plans to modify its application for rezoning in an effort to gain approval both from the plan commission and city council.

“US Aggregates … felt that it was important that they have favorable support from the Planning Commission prior to moving forward and want to work with the members of the commission to understand the issues that remain of concern related to the rezoning,” the statement said. “Once US Aggregates has had an opportunity to evaluate and see if they can address the concerns they plan to resubmit their application for rezoning and have another meeting with the Planning Commission, where they hope to gain their support.”

The company reiterated its desire to continue to be a part of the community.

It noted that the public can send questions, concerns and letters of support to [email protected].

US Aggregates has been advocating for a couple of months for the rezoning of a parcel of land (about 115 acres total), the bulk of which is between county road 100 South and Tyson Road, east of county road 200 West. The company hopes to open a new quarry site on the property, which sits north of its current site at 2228 W. 125 South.

Officials from the company have said there is three to five years worth of material remaining at the current site. The new site, they said, would extend the life of the operation by about 30 years.

US Aggregates representatives first spoke about the request publicly at the Feb. 16 Jay School Board meeting and made their first presentation to Portland Plan Commission three days later.

Its proposal was met with opposition from the start, with those who live in the Beacon Heights addition, on Tyson Road, on Rose Drive and elsewhere in the vicinity of the proposed expansion attending meetings and sending letters to the building and planning department. They have raised a variety of concerns, including about property values, noise, dust, traffic, well water levels, aesthetics and other issues.

US Aggregates officials have consistently maintained that the company wants to be a good neighbor. In response to concerns it has noted that it must follow regulations laid out by a variety of federal and state agencies.

The issue came to a vote at the April 1 Portland Plan Commission meeting after a presentation from US Aggregates, about an hour of public comment and discussion among the commission members.

The nine-member plan commission, which currently has one seat vacant, first deadlocked 4-4 on a vote to recommend to Portland City Council that the rezoning be approved. It then voted 6-2 to recommend to city council that the request be denied. City council makes the ultimate decision on all rezoning requests.

Had city council denied the request, US Aggregates would have to wait a year before resubmitting.

Having pulled the request, US Aggregates has the option to modify it and resubmit it.

If a rezoning request is eventually approved, US Aggregates would need to seek a special exception from the city’s board of zoning appeals to allow mining at the site.