TOCCOA — A split vote at the Tuesday, Feb. 28, Stephens County Board of Commissioners meeting provided official closure to a 'fowl' argument that has split the community over the past several months.
Acting on three property use requests submitted by Heath Hutto, commissioners cleared the way for Hutto to move forward with an eight-house poultry farm on the 108-acre parcel of property Hutto and his wife, Amythest, purchased in August 2016. Hutto's plans for the property include the use of two existing broiler chicken houses, the removal of four existing, dilapidated chicken houses, and the construction of six new chicken houses, bringing the total of operating houses to eight.
Following the vote, Hutto and his wife told AccessWDUN that they were grateful for the board's decision, and thankful for support they have received from members of the community.
"I just want to say, I appreciate all the people that came out and supported us and we really just felt an outpouring of love and prayers from this community and we want to thank everybody for being there for us," Amythest Hutto said.
The property, which sits just off Buena Vista Drive, 1.9 miles from Fieldale Farms' 421-acre Liberty Hill operation, has been vacant for several years and the home has fallen into disrepair. The property was formerly a working six-house chicken farm, but was in foreclosure at the time, in 2014, that the county adopted the zoning map that accompanied Stephens County's new land use ordinance. Under the county's zoning boundaries, the area surrounding the Huttos' property, at 140 Freeman Creek Road, is a mixed use region, with parcels zoned single family residential (RS), general/residential agriculture (AR/AG), and intensive agriculture (AI). The Hutto property was zone AR, with adjoining properties zoned both AI and RS.
"At the time of the origination of the [Stephens County] zoning map, had the property been in conservation use, it would have been zoned agricultural intensive,” County Manager Phyllis Ayers quoted from the planning commission report on the issue. The planning commission recommended to the board that all three requests from Hutto be approved.
"In my opinion, this property always should have been AI," Board Chair Debbie Whitlock said. "We are talking about 107 acres of open space farmland that is bordered by other AI property and if it had not been for a mistake [during the zoning map creation], it would have been AI property. And, in my opinion, it meets the criteria for conditional use also; there is plenty of open space that has a history of poultry operations. And under No. 10 of the reasons for [approving] conditional uses, it is to protect and preserve agriculture in Stephens County. Our farmers are an important and integral part of our community and always have been."
In addition to the Hutto property, several smaller parcels of property in the nearby area have historically been home to operating chicken houses, although it appears that none are currently active.
Interspersed with the agricultural properties are pockets of residential properties, and the Ga. 17 Bypass passes within three miles of the Freeman Creek Road parcel, bringing both residential and commercial/retail neighborhoods in closer proximity to the proposed poultry operation.
The Herron family, which owns a parcel adjoining the Huttos' farm, has requested that the county not approve the zoning change necessary for Hutto to begin operation of the poultry farm. Prior to Tuesday's meeting, a group of residents met outside the old courthouse in Toccoa, discussing objections to the proposed zoning changes, but declined to comment.
Following the board vote, a member of the small group, who identified himself as Tom Herron, said only, "This is not over."
The Herrons have expressed, over the past months, concerns about the reopening of the poultry farm that sits adjacent to their home. According to published media reports, Mike Herron recounted nuisances that occurred in the past, when the farm was operating under a different owner, and asked the board not to approve the zoning change request. He expressed concern over possible noxious odors, scavenger animals, unsafe traffic and reduced property values that he believes would accompany the return of an active poultry operation to the Freeman Creek Road property.
The Huttos, who lived for several years in Moultrie, where Heath served as broiler house manager for KDMC Farms, have lived in Florida in recent years, but sold their property in Lynn Haven, Fla., to purchase the Freeman Creek Road property with the intent of moving their family, including their four children, to the property and opening the poultry farm. The family has been living in a mobile home elsewhere in the county while they await the resolution of the zoning matter.
During Tuesday's meeting, Whitlock read into record a letter from KDMC Farms that confirmed Hutto's prior employment and position with the firm, and complimented Hutto's qualifications and experience in running and managing a poultry farm.
Community sentiment on the matter has been divided, with some supporting the Hutto family, while others have echoed Herron's objections — many referencing problems with odors that occurred at the Wilbros facility several years ago. Online petitions were created in support of both sides, with many residents logging strong opinions, both objecting to and supporting the rezoning request and Hutto's proposed poultry farm.
No citizens signed up to speak, and there were no public comments during either the work session or regular board of commissioners meeting.
"No matter what side you are on, we are all from Stephens County and want the best for this county,: Whitlock said during the meeting. "In the end, we are all still going to be residents of Stephens County and neighbors, so I hope tonight we remember that."
THE VOTES
Rezoning request, proposed by William Heath Hutto, to rezone 140 Freeman Creek Road from agricultural general/residential to agriculture intensive.
Motion to approve by Commissioner Dennis Bell, passed 4-1, with Commissioner Dean Scarborough casting the dissenting vote.
Conditional use permit request, submitted by Hutto. A conditional use permit is required, under the Stephens County Zoning Ordinance, in order to operate a poultry farm on property zoned agricultural intensive.
Motion to approve by Commissioner Dennis Bell, passed 3-2, with Scarborough and Commissioner Stanley London voting against the granting of the permit.
Variance request, submitted by Hutto, to allow reductions in the required setbacks. The request would reduce the required distance from the property line by 130 feet for one existing chicken house and by 58 feet for a second existing chicken house.
Motion to approve by Commissioner Dennis Bell, passed 3-2, with commissioners London and Scarborough voting against the motion.
