Planning Commission – April 27 2023

NOTICE OF PUBLIC HEARING

Malheur County Planning Commission will hold a telephonic public hearing on April 27, 2023 at 07:30 pm.

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


Applicant A: Ashlee Garcia: the consideration of a Conditional Use Permit for a non-farm dwelling in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-1 and OAR 660, Division 33, Agricultural Lands, for tax lot 801, Section 10, T.18S, R.46E, W.M. Planning Department File #2023-03-015; Malheur Co. Ref. #20441. The property is located about 6 miles west of Ontario, on Butler Blvd, in Ontario, OR.

STAFF REPORT
SIGNED ORDER OF APPROVAL

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Ontario Rural Fire Protection District
Exhibit 3: Letter from Ontario Rural Road Assessment District No. 3
Exhibit 4: Partition Plat 11-05


Applicant B: Rodriguez Farm Holdings LLC: a continuance from the March 23, 2023 hearing for the consideration of a Conditional Use Permit for commercial activity in conjunction with farm use in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7 and OAR 660, Division 33, Agricultural Lands, for tax lot 400, Section 11, T.18S, R.46E, W.M. Planning Department File #2023-02-017; Malheur Co. Ref. #7477. The property is located about 1.6 miles west of Ontario, on Sugar Ave.

STAFF REPORT
SIGNED ORDER OF APPROVAL

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Ontario Rural Fire Protection District
Exhibit 3: Letter from Rural Road Assessment District No. 3
Exhibit 4: Letter of opposition from Fred Trenkel
Exhibit 5: Letter of opposition signed by multiple neighbors
Exhibit 6: Road pictures submitted by Walt Longtin
Exhibit 7: Materials submitted by Richard Oleson as provided by Idaho DEQ under the Freedom of Information Act:

a. Partners Produce – complaint 07/2009
b. Partners Produce – facility plan (waste water and drinking water) – DEQ comment letter 02/17/2016
c. Partners Produce – waste water lab results 06/18/2018
d. Clay Peak – waste water receipt report 04/09/2020
e. Partners Produce – Complaint Investigation photo log 04/09/2020
f. Partners Produce – Waste Water disposal receipts 04/09/2020
g. Partners Produce – Complaint Investigation file note 04/14/2020
h. Partners Produce – Apparent violations discovered from complaint investigation 04/15/2020
i. RE: Partners Produce 04/30/2020
j. Partners Produce – Notice of Violation 08/18/2020
k. Partners Produce – Notice of Violation Transmittal Letter 08/25/2020
l. Partners Produce – Consent Order 09/2020
m. Partners Produce – Response to Notice of Violation 11/04/2020
n. Partners Produce – Revised Consent Order 3/22/21
o. Partners Produce – Revised Consent Order Transmittal Letter 3/24/21
p. Partners Produce – Status Update and Secondary Disposal Agreement 03/29/2021
q. Partners Produce – Clay Peak Disposal – 05/2021
r. Partners Produce – Clay Peak Disposal and RO Flow – 09/2021
s. Partners Produce – Byproduct Water Analytical 10/21/2021
t. Partners Produce – Byproduct Water Analytical 02/24/2022
u. Partners Produce – Byproduct Water Analytical 04/20/2022
v. Partners Produce – Byproduct Water Analytical 05/17/2022
w. Partners Produce – spreadsheet

Exhibit 8: Supplementary materials submitted by the applicants
Exhibit 9: Partners Produce PowerPoint – presented by Larry Hinton
Exhibit 10: Email submitted by Todd Winegar
Exhibit 11: Walt Longtin’s testimony


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