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Gordon County commissioners table Sugar Valley poultry conditional-use after notice errors
Summary
The Gordon County Board of Commissioners voted to table a conditional-use request for a poultry operation in Sugar Valley after attorneys and staff said required notices were not sent to all landowners within 1,000 feet; the applicant agreed to re-advertise and return to the planning commission.
The Gordon County Board of Commissioners on an evening meeting agreed to table a conditional-use application for a proposed poultry (chicken house) operation in Sugar Valley after county staff and counsel said required notices were not provided to all landowners within 1,000 feet.
Miss Brownlow, an attorney with Brownlow Ford & Glassman representing the applicant, asked the board to table the application so the applicant could re-advertise and re-notify property owners. “We ask that it be tabled,” she said, explaining the applicant will reissue notices and return to the planning commission and then back to the board per the published schedule.
The county’s planning and legal staff told commissioners the Unified Land Development Code requires notification of adjoining owners and property owners within 1,000 feet for an additional-use trailer poultry operation. County counsel said the certification of notices is a condition precedent to the hearing and that proceeding without proper notice could lead to superior-court remand if a party later challenged the process.
Commissioners discussed scheduling limits: because of the planning commission and board meeting calendars, the earliest practical rehearing dates are the planning commission meeting in July and the board’s August meeting. The applicant acknowledged availability issues for some interested neighbors and agreed to coordinate with county attorneys to accept written objections if necessary.
The board’s motion to table the application passed on a roll call following a second; the board did not take final action on the conditional-use request and no policy or permit was approved at the meeting.
Next steps identified by staff: the applicant must pay for and complete republication and notification consistent with the ULDC, the matter will be reheard by the planning commission, and the planning commission’s recommendation will return to the board for a decision.
