HIGHFILL — In a meeting hall filled with members of the community, the final council decision granting an appeal to a planning commission denial of a conditional use permit for a large chicken growing operation within city limits may have been more than an upset.

With approximately 30 in attendance - many more than at most council meetings - the council considered an appeal by Legacy Bank and TGSS LLC over the denial of a conditional use permit to allow the construction and operation of a confined feeding operation by Georges, Inc., of Springdale, with eight broiler houses on 120 acres of land along Arkansas Highway 12 at the western city limits.

The application for the use of the land currently owned by Legacy Bank was heard by the city's planning commission on July 26. After hearing arguments for and againstthe proposed use which would enable Legacy Bank to sell the land, the commission was split, two in favor and two opposed, with one member abstaining (Dwayne Evans and Stacie Willaimson voted in favor of granting the permit, Inez Long and James Wiand opposed it, and Pam Harwell abstained). With insufficient votes, the conditional use permit was not granted.

After hearing appeals from community members about the smell of chicken houses,ill health effects, declining property values, traffic issues, water runoff and the possibility that the land's owners may wish to add more chicken houses in the future, and hearing assurances from the representatives from Legacy Bank and Georges, Inc., the council voted on a motion made by Toby Lester to grant the appeal. Once again the vote was split, with Lester and Michelle Rieff voting to grant the appeal, Sandy Evans and Paula Pautsky voting against it and Ryan Evans abstaining. After some deliberation, Highfill Mayor Stacy Digby cast the deciding vote in favor of the motion to grant the appeal.

In an appeal filed with the city by Legacy Bank attorney Brian Graves, it was argued that the planning commission decision was arbitrary and illegal because the commission had recently granted a similar conditional use permit to a local resident to build chicken houses closer to the heart of the city and one member of the commission (according to commission minutes) stated that she voted to grant the local permit because she knew and liked the person but didn't have to grant the same permit in other cases.

Plans for the property include building eight 46-by-520-feet broiler houses, a residence and a litter-stacking shed in the northwest corner of the property with a minimum buffer area of 300 feet from the property line. Dead birds would be composted rather than incinerated, according toplans submitted to both the planning commission and the council. Benny McClure, Georges live production manager, said five flocks a year would be raised on the property and no plans were in place to ever do anything else with the remaining acres other than cutting hay and keeping it looking nice.

Local residents voicing opposition to the proposed confined feeding operation included Harlan and Joyce Shedell who voiced concerns about the smell, health issues for Harlan and the decision not being in the best interest of the city. She said she had a petition signed by 40 area residents opposed to the conditional use permit.

Joyce Shedell called Highfill the hub and center of northwest Arkansas, saying Highfill is the town everyone has to drive through to get to the airport.

"What do you want people to think of Highfill, a beautiful town on the way to the airport or a place with smelly chicken houses we have to pass through to get to the airport?" Joyce Shedell said. "I don't feel like we should have to bail out Legacy Bank for a bad loan they made," she added.

Sandy Quam spoke in opposition to the permit and shared concerns of possiblerunoff from the operation during times of heavy rains into Flint Creek and the Illinois River.

McClure said plans were to transport litter to the delta area and out of northwest Arkansas and that the operation would comply with present and future regulations of the Arkansas Department of Environmental Quality.

Graves, speaking for Legacy Bank, said the chicken operation was a compatible use for the land which the city recently rezoned, at Legacy's request, from commercial back to rural residential.

Bryan Vernetti, attorney for Jed Holland, argued that the planning commission's decision was not capricious and asked the council to consider the possibility of future expansions of the operation and make a decision based on what's best for the city's future.

What do you want people to think of Highfill, a beautiful town on the way to the airport or a place with smelly chicken houses we have to pass through to get to the airport?" - Joyce Shedell

News, Pages 1 on 09/21/2011