Planning Commission – July 22 2021

NOTICE OF PUBLIC HEARING

Malheur County Planning Commission will hold a telephonic hearing on July 22, 2021 at 07:30 pm.

Directions to join the public meeting:
Login by computer/tablet/smartphone: https://www.GoToMeet.me/MCPZ/PC
Call in: (312) 757-3129
Access Code: 644-177-621


Applicant A: Nagaki Farms LLC: the consideration of a Conditional Use Permit for a Non-Farm Dwelling in Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-1, 6-6-8-2 and OAR 660, Division 33, Agricultural Lands, for each of the following three parcels:

a. Tax Lot 10100, Sections 23 and 26, T.16S, R.47E, W.M. Planning Department File #2021-06-001; Malheur Co. Ref. #6327. The property is located east of the intersection of Cherry Rd and Holly Rd, in Ontario OR.

CONDITIONAL USE APPLICATION
STAFF REPORT
SIGNED ORDER OF APPROVAL

SUPPORTING DOCUMENTATION:
Exhibit 1: Email from Payette Rural Fire
Exhibit 2: Email from Owyhee Irrigation District (with water rights map)

b. Tax Lot 9800, Section 23, T.16S, R.47E, W.M. Planning Department File #2021-06-002; Malheur Co. Ref. #6323. The property is located south-east of the intersection of Juniper Rd and Hwy 201, in Ontario OR.

CONDITIONAL USE APPLICATION
STAFF REPORT
SIGNED ORDER OF APPROVAL

SUPPORTING DOCUMENTATION:
Exhibit 1: Email from Payette Rural Fire
Exhibit 2: Email from Owyhee Irrigation District (with water rights map)

c. Tax Lot 10400, Section 23, T.16S, R.47E, W.M. Planning Department File #2021-06-003; Malheur Co. Ref. #6322. The property is located south-west of the intersection of Juniper Rd and Pioneer Rd, in Ontario OR.

CONDITIONAL USE APPLICATION
STAFF REPORT
SIGNED ORDER OF APPROVAL

SUPPORTING DOCUMENTATION:
Exhibit 1: Email from Payette Rural Fire
Exhibit 2: Email from Owyhee Irrigation District (with water rights map)


Applicant B: Darren Lee: Action #1: Post acknowledgement plan amendment to include approximately 54 acres of tax lot 3200, a 308.42 acre parcel, assessor’s map 16S47E, in the Comprehensive Plan goal 5 Resource Inventory as a significant aggregate site. Planning Department file #2021-03-010. Site is located west of the intersection of Hwy 201 and Mesquite Road, about 1 mile west on Mesquite Rd.

Action #2: Conditional use application for aggregate mining and processing in an exclusive farm use zone. MCC Title 6, Chapter 3, section 6-3A-3(E); Chapter 6, section 6-6-8-4 and OAR 660 division 23.

Malheur County Court will hold two public hearings on Wednesday, July 28, 2021 and Wednesday, August 11, 2021 both at 10:00 a.m. at the Malheur County Courthouse Room 106, 251 B Street W, Vale, Oregon, for reading and the adoption of the Ordinance #228.

The login information for the Malheur County Court hearings is:
https://www.gotomeet.me/MCPZ/malheur-county-court or call in: (571) 317-3129 access code: 299-510-653.
A toll-free number is available upon request if needed – please call 541-473-5124 for assistance.

Ordinance #228 – an ordinance adopting a post acknowledgement comprehensive plan amendment to include approximately 54 acres of tax lot 3200, a 308.42 acre parcel, assessor’s map 16S47E on the Malheur County Comprehensive Plan Goal 5 Resource Inventory as a significant aggregate site. The owner of the property is Dallas Head. MCC Title 6, Chapter 10.

CONDITIONAL USE APPLICATION
Application Supplement 
Map of the proposed sites
STAFF REPORT
Supplemental Staff Report

SUPPORTING DOCUMENTATION:
Exhibit 1: Gravel Quality Analysis
Exhibit 2: Letter from Petra Blasting & Drilling
Exhibit 3: Operation Plan
Exhibit 4: Reclamation Plan
Exhibit 5: Traffic Impact Assessment Map
Exhibit 6: Letter from Malheur County Road Master
Exhibit 7: Letter from Payette Rural Fire
Exhibit 8: Letter from Malheur County Roadmaster
Exhibit 9: Letter from Ontario Rural Road District
Exhibit 10 A: Letter of opposition from Mike Hastings, dated 05.27.2021
Exhibit 10 B: Letter of opposition from Dinah Lord, dated 05.27.2021
Exhibit 11: Email from Mike Hastings, dated 05.28.2021
Exhibit 12: Email from Owyhee Irrigation District
Exhibit 13: Email from Mike Hastings, dated 06.22.2021
Exhibit 14: Email from Mike Hastings, dated 06.23.2021
Exhibit 15: Email from Robert Cassity, dated 06.24.2021
Exhibit 16: Email from Jennifer Gerulf (with 3 video attachments)
Video #1
Video #2
Video #3
Exhibit 17: Email from Robert Cassity, dated 06.24.2021 (with pictures)
Exhibit 18: Email from Dinah Lord, dated 06.24.2021
Exhibit 19: Email from Bill Downing, dated 07.01.2021
Exhibit 20: Amended Plan Head Quarry from Darren Lee
Exhibit 21: Email from Patty Dickinson, dated 07.21.2021
Exhibit 22: Email and Letter from Mike Hastings, dated 7.20.2021
Exhibit 23: Email from Mike Hastings, dated 07.21.2021
Exhibit 24: Email from Dinah Lord, dated 07.22.2021
Exhibit 25: Letter from Rural Road District
Exhibit 26: Email from Robert & Tina Cassity, dated 07.22.2021

The Malheur County Court hearings for the PAPA applications will be held July 28 & August 11, 2021
Memo to Court with all attachments

SIGNED ORDER OF DENIAL


Please note, the call-in number is not toll free, this shouldn’t be a problem if you are calling from a cell phone. A toll-free number is available upon request, by calling the Planning & Zoning office at (541) 473-5185.

Interested persons may appear and will be provided an opportunity to be heard. For the health and safety of the Planning Commission members and members of the public, Malheur County encourages people to join electronically. Written comments may be received prior to the hearing by sending them to Eric Evans, Planning Director, 251 B Street West #12, Vale, Oregon 97918 or Eric.Evans@MalheurCo.org.

Testimony, arguments and evidence must be directed toward the criteria set out above, or other substantive criteria in Malheur County’s Comprehensive Plan or land use regulations that the person believes apply to the application.

Failure to raise an issue at the hearing, in person, or by letter, or failure to provide sufficient specificity to afford the Planning Commission an opportunity to respond to the issue precludes an appeal to the Malheur County Court or the Land Use Board of Appeals based on that issue.

A copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at the Malheur County Planning Department Monday – Friday from 8:30 a.m. – 12:00 (noon) and 1:00 p.m. to 4:30 p.m. or on the county website www.malheurco.org/planning-department at no cost. Copies can be provided for $0.25 per page. In addition, copies of the Staff Report will be available at least seven (7) days prior to the hearing at a reasonable cost or can be viewed on the County website or in the planning department office at no cost. Please contact the Planning Director (541-473-5185) for additional information.


Public Hearing Transcribed Minutes