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Friday, Feb. 10, 2012

No decision made on agricultural zoning change

Wednesday, July 14, 2010
No action was taken Tuesday night on proposals to regulate high-density commercial agriculture in Bedford County, after a report that county attorney John T. Bobo was still studying the issue.

The changes are a response to a proposed development of 14 chicken houses on Big Spring Road.

Bedford County Planning Commission had recessed its last meeting until 6:30 p.m. Tuesday, presumably so that proposed changes to the county zoning resolution could be adopted and then passed on to Bedford County Board of Commissioners, which met at 7 p.m.

But when planners convened Tuesday night, in front of a crowded Chancery courtroom, secretary Linda Yockey informed the body that the attorney was still researching the issue and nothing was ready for consideration that night. She said that county zoning compliance officer Chris White should continue to work with Bobo and monitor the situation.

So planners adjourned without action or any further discussion. The issue was not mentioned at all during the county commission meeting.

Neighbors of the proposed development appeared before the planning commission July 6 to ask that the county change its zoning resolution to make it more difficult for such developments to be located in the county. Neighbors claim the development will have 14 chicken houses, and planning commission chairman Kennon Threet said a modern chicken house holds about 32,000 birds.

The neighbors claimed their property values would be affected and that the development might have an impact on air quality and water quality.

State planner Bryan Collins, who advises the planning commission, said that there are two attorney general's opinions stating that counties can't use zoning to regulate agriculture, whether that means a family farm or 400,000 chickens.

But Denny Hastings, a property owner in the area who has served on various planning and land use committees in Rutherford County, said such changes can be a deterrent and that Rutherford County's rules governing high-density agriculture have not been challenged.

Planners have been considering creating a special zone for concentrated, high-density agriculture, different from to the A-1 zone in which most farms are located.

Planners recessed their July 6 meeting until two days later, July 8, to allow time for Yockey and Tony Smith -- the two members of the planning commission who are also members of the county commission -- to consult with the county attorney. At the July 8 meeting, it was reported that the county attorney was working on a proposal and the planners should reconvene Tuesday night to consider it. But the planners had nothing to consider when they reconvened.