HIGHFILL — A public hearing was held in conjunction with the Highfill Planning Commission meeting on Aug. 28 to consider the the application for a conditional use permit submitted by Larry W. and Kathy K. Barnes for property located at 13998 W. Holland Avenue in Highfill.

According to unofficial minutes, Larry Barnes addressed the planning commission and explained that his reason for requesting a conditional use permit at this time was to bring the property into compliance with city zoning. He said the poultry houses for which he was requesting the Conditional Use Permit were constructed in 2011, following his purchase of the property in 2010, and that he has been operating a poultry business there since that time.

He said he had provided notices of the public hearing to all of the property owners as required to comply with the Highfill Municipal Code and he had spoken with some of the neighbors, Gary Holland, Chris Holland and Kenneth Insco, none of whom had any objections to his request. He said he received no response from Matthew Offenbeck, who was not present at the meeting; and he said Regina Richardson refused service of the notice.

Barnes said he purchased the property in 2010 from the city’s former mayor and building inspector (Chris and Rob Holland) and, at the time, believed the property was in compliance with all city codes. He received a building permit in November of 2010 and began construction of the poultry houses. He said he was informed in April of 2011 thatthe use of the property was not in compliance with the Highfill Zoning Code and was told that he needed a conditional use permit in order to continue operations. He said the prior city officials had told him this use of the property was not an issue and would be in compliance with the Highfill Municipal Code.

He said his business has been in operation for over a year without any complaints or adverse effects on any of the neighbors or others in the area and noted that he significantly improved and cleaned up the property and has not received any complaints from anyone in the area.

Barnes said he desired to continue the use of the poultry house operations on the property and requested that the Planning Commission approve the request for a conditional use permit to allow the poultry house operations, including a stacking shed.

Butch Wiand, Highfill’s water and sewer operator and acting code enforcement officer, said Barnes had been very cooperative from the beginning and indicated he wanted to take whatever steps were necessary in order to correct the situation.

Mayor Stacy Digby said the city had received no complaints regarding the operations on the property since Barnes had purchased it and had been operating the poultry houses. He also said Barnes had been very cooperative with the city since the error was discovered and that Barnes was highly respected in the poultry business.

According to unofficial minutes, it was also noted that a properly managed stacking shed produced less odor than an incinerator would on the property.

There were no questions or further comments from the public and the hearing was closed.

In the Planning Commission Meeting, commission members took up Barnes’ request for a conditional use permit so that he could continue use of the property for his poultry growing operation.

Pam Harwell, chairperson of the commission, said the city has certain conditions that are typically placed on a permit of this type:

1. The permit will be issued to the owner and will be non-transferable.

2. The owner and the property shall at all times comply with the requirements of the Highfill Municipal Code, including the Zoning Code and other Highfill ordinances and regulations. The conditional use permit may be revoked for any violation of the Highfill Municipal Code requirements or any other ordinances or regulations.

3. Any changes to the property affecting ingress and egress or the use, setback, parking, height, building and area regulations and requirements for this zoning district must be first approved by the Planning Commission.

4. No structure, use or other element of the approved site plan shall be eliminated, significantly altered, or provided inanother manner unless an amendment to the conditional use permit is first approved by the Planning Commission.

5. The area where the poultry complex will be located shall be maintained so as to reduce and minimize the adverse effects of the use and insure compatibility with surrounding properties as determined by the city. This shall include screening with trees and other plants, as required by the city, to reduce sight and sound impacts resulting from the operations.

Barnes stated he had no objection to the conditions, the unofficial minutes state. The commission unanimously approved the permit.

The meeting was attended by Planning Commission members James “Butch” Wiand, Dwayne Evans, Pam Harwell, Stacie Williamson and Don Nash. Also in attendance was the city’s attorney, Stephen J. Miller.

Also discussed at the meeting, according to unofficial minutes, were questions regarding paperwork - submission of revised building plans after a downsizing of original building plans for the construction of a building on property owned by the Highfill Baptist Church. No official commission action was taken.

News, Pages 7 on 09/26/2012