The following is an issue probably of little interest except to the people of Bellevue. I am posting this as a public service.
From Sheri Weiner
SOLID WASTE BOARD IS RECONSIDERING THE 3RD C & D LANDFILL
WE NEED AS MANY PEOPLE TO ATTEND AS POSSIBLE
METRO SOLID WASTE REGION
WHERE: HOWARD OFFICE BUILDING CONFERENCE CENTER
WHEN: Wednesday June 27, 2012
The Metro Solid Waste Regional Board will meet to consider the following:
approved at March 29, 2012 meeting.
HERE IS A COPY OF THE LETTER I WROTE CO-SIGNED BY COUNCILMEN TYGARD & MITCHELL:
June 23, 2012
To: Mr. John E. Sherman, Solid Waste Board
From: Councilwoman Sheri Weiner, District 22,
Councilman Bo Mitchell, District 35, Councilman Charlie Tygard, At-Large
cc: Mayor Karl Dean; Vice Mayor Diane
Neighbors; Members, Metro Council; Billy Lynch, Public Works Dept.; Bill
Herbert, Codes Dept.; Members, Davidson County Regional Solid Waste Board; Chris
Whitson, Board of Zoning Appeals; Members, Board of Zoning Appeals; Joey
Hargis, Board of Zoning Appeals; Jamie Hollin, Attorney; Tom White, Attorney
Dear Mr. Sherman,
On January 18, 2012 we attended a meeting at Public Works regarding the aforementioned
property at 7739 Charlotte Pike which was downzoned in 2011 (prior to Weiner’s election) from residential (R40) to AR2A. At that meeting, Councilwoman Weiner was told, “Congratulations, you’ve inherited a landfill.” It’s been a dump for over 30 years accepting inert material, so we were led to believe. We were advised that the property owner wanted to change it to accept Construction & Demolition materials. We were told that we had the opportunity to have this landfill with benefits or to have this landfill without benefits. As it had already been rezoned by the Council, we were advised we had no direct control over the use; basically, we were stuck with it. The benefit proposed was that of a Recycle Convenience Center on 3 acres on Charlotte Pike like the ones at Omohundro and at Anderson Lane. Responding to them, (Weiner) stated “my support hinges on the neighbors response.”
We (Bo Mitchell and Weiner) scheduled a meeting for March 13 at Gower School and required
that notices be sent to residents beyond the ‘requirement’ so that more homeowners were notified.
Anticipating push back, we were quite surprised that, although there were serious questions asked, no one said no. You will see a letter (from Weiner) of support in the record written to you prior to hearing from the neighbors that they were opposed. You see no one reached out to us between that March 13 meeting and May 29. As soon as we received phone calls on May 29 from neighbors, we called an immediate meeting for May 31 at which time they shared with Councilman Tygard and Weiner their specific reasons for opposition. Weiner wrote Joey Hargis (Board of Zoning
Appeals) on June 3, 12 and 14 to let him know of opposition to the proposal and to confirm and clarify her opposition consistent with the commitment in January that her support hinged on the neighbor’s response.
As a result of yesterday’s BZA hearing, we learned that such a use (convenience center
like Omohundro, Anderson Lane and Dr. Richard Adams Dr.) is not permitted on AR2A, only on IR zoning. We relied on the information provided to us by Public Works, Mr. Charlie Mitchell (the applicant), his staff David Lowry, his engineer Joe House and his attorney Tom White. We and the neighbors were told all along that this was a permitted use on AR2A and that they needed BZA, Solid Waste and TDEC permission to proceed. Charlie Mitchell committed to us that, once
the C & D permits were completed, he would donate the prepared property for the Recycle Convenience Center.
In a nutshell, we feel the applicant Charlie Mitchell used a need in the community (convenience center) to make the case that the combination of that accessory use with another C & D facility would be warranted, when such a use is prohibited in this land use policy for AR2A. In his application to you, Mr. Mitchell interchangeably uses the words Collection and Convenience Center which is misleading and inconsistent with standing regulations. Given that we feel misled, we respectfully urge you to reconsider and reverse your prior decision of March 29 to amend
the Solid Waste 10 Year Plan to include another C & D facility. We also respectfully request the Solid Waste Board rescind its approval issued to Mr. Mitchell on March 29, 2012 and correspondingly send TDEC notice of your actions. In order for this to be accomplished, we understand a special emergency meeting of the Solid Waste Board may need to be held. If this is the case, please make the appropriate arrangements to have this meeting set at the earliest date
possible prior to July 19,2012 when the BZA meets again to consider further information relative to the applicant’s request to site a C & D Landfill in the 22nd Council District.
Thank you for your urgent attention to this matter.