Josephine County Board of Commissioners Cherryl Walker, Chair; Keith Heck, Vice Chair; and Simon G
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Josephine County Board of Commissioners Cherryl Walker, Chair; Keith Heck, Vice Chair; and Simon G. Hare, Commissioner Josephine County Courthouse, 500 N.W. 6th Street Dept. 6, Grants Pass, OR 97526 541) 474- 5221, Fax( 541) 474- 5105 http:// www.co.josephine.or.us WEEKLY BUSINESS SESSION Agenda October 8, 2014, 5: 30 p.m. 2" d Wednesday ofMonth is Evening Meeting) Anne G. Basker Auditorium 604 N.W. Sixth Street, Grants Pass, Oregon 1. ADMINISTRATIVE ACTION( S) IN CONSIDERATION OF: a. Approval of Findings of Fact and Conclusions of Law Approving the Land Use Applications for the Sunny Valley Aggregate Mining Operation b. Approval of Contract with Munitor Construction, LLC for Dimmick Tower Demolition Project 2. REQUESTS/COMMENTS FROM CITIZENS: ( Each person will be given three( 3) minutes to speak) 3. APPROVAL OF CONSENT CALENDAR: a. Minutes( Draft minutes are available for viewing in the Board' s Office) Convening as the Governing Body of the North Valley General Service District—September 23, 2014 Weekly Business Session— September 24, 2014 Executive Session Meeting( Open Session)— September 24, 2014 b. Vehicle Purchase— Transit c. Resolution 2014-038 In the Matter of Appointments to the Board of Property Tax Appeals( BoPTA) 4. OTHER: ( ORS.192. 640( 1) ". notice shall include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability ofa governing body to consider additional subjects.') 5. MATTERS FROM COMMISSIONERS: The Board requests that you follow the rules and procedures for meetings as described in ORDINANCE 92-27, SECTION 7 Meetings shall at all times be orderly and respectful. When permitted, each person shall be given three( 3) minutes to speak or such other longer time as may be allowed by the presiding officer. No person shall be heard until he or she states their name and address for the record. The presiding officer may terminate the meeting when necessary or refuse to recognize anyone who: a. Is disorderly, abusive or disruptive; b. Takes part in or encourages audience demonstrations, such as applause, cheering, display of signs, shouting or other conduct disruptive of the meeting; c. Speaks without first receiving recognition from the presiding officer and stating his or her full name and residential address( when requested); or d. Presents irrelevant, immaterial or repetitious comments. If special physical or language accommodations are needed for this Public Session, please notify the Commissioners' Office at( 541) 474- 5221 at least 48- hours prior to Session. TDD( Hearing-Impaired) 1- 800- 735-2900. 4 P' o of:-_/_7x", YA Josephine County Board of Commissioners Cherry! Walker, Chair o Keith Heck, Vice Chair[1 Simon G. Hare, Commissioner AGENDA REQUEST FOR BOARD OF COMMISSIONERS Agendas are limited to Requests received no later than NOON on Monday of the week scheduled for Administration Workshop Requests received after that time will be placed on the Administration Workshop agenda for the following week Incorrect or incomplete documents will be returned to the contact person If sending documents electronically- send to both twharton • co.' ose• hine.or.us and lmcelmur A• co.' ose• hine.or.us REVISED Date submitted to BCC 9- 30- 2014 FEBRUARY 2014 Requested Meeting Date ( Administration Workshop) 10- 2- 2014 Requested Meeting Date( Weekly Business Session) 10-08-2014 AGENDA TITLE: Sunny Valley Sand and Gravel Mining Decision- Findings Department Planning Contact Person: Include Title& Extension# Dennis Lewis, Planning Director, 5428 Presenter: Include Name(s) and Title(s) Dennis Lewis, Planning Director, 5428 Background information Review of draft Findings on the Sunny Valley Aggregate Mining decision Action you are requesting from the Board Make any final amendments and move the matter to Weekly Business Session Review by CFO ( Yes, No, or N/ A) No Review by Legal Counsel ( Yes, No, or N/ A) Yes Revenue or Cost to County 0 Notes or Special Instruction to BCC Staff Final draft Findings to be submitted by end of day 9-30-2014 Title of Document(s) Number of Are all signatures Will a state or federal Are additional Will additional Submitted original on the documents? agency be signing signatures needed? signatures be received All exhibits to a documents Y/N or BCC only the document? Y/N YIN document must be submitted electronically? YIN clearly marked) No Sunny Valley Sand and One No No No Gravel Mining Decision Findings DOCUMENT DISTRIBUTION: If all signatures are on the document: Board staff is required to submit one fully executed original for recording in the County Clerk's office. If multiple originals are submitted, all but one original will be returned to the contact person. State and federal agencies— if all signatures are not on the document: Original documents: Board staff retain one original with Board signatures and return the remainder originals to the contact person to obtain the remaining signatures. Upon department receipt of the fully executed document, one fully executed original or electronic copy must be returned to the Board staff for recording in the County Clerk's office. Electronic documents: Board staff will retain one original and return one original to the contact person to obtain the remaining signature. Upon department receipt of the fully executed electronic document, one fully executed electronic original must be returned to the Board staff for recording in the County Clerk's office. fa^ BEFORE THE BOARD OF COMMISSIONERS OF JOSEPHINE COUNTY, OREGON FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING THE LAND USE APPLICATIONS FOR THE SUNNY VALLEY AGGREGATE MINING OPERATION In the matter of Applications for: (1) a Post-Acknowledgment Plan Amendment to the Josephine County Comprehensive Plan to Designate a Goal 5 Significant Mineral and Aggregate Resource Site; ( 2) a Comprehensive Plan and Zoning Amendment to Apply the Mineral and COUNTY FILE NOS. Aggregate Resource Zoning( MARZ) 7204 7205 7016 Designation; and (3) a Site Plan Review for Proposed Aggregate Mining and Processing Operations, on Property Located at 153 Daisy Mine Road. PREAMBLE In this matter, the Josephine County Board of Commissioners (" Board") considered applications from Sunny Valley Sand& Gravel, Inc. (" Applicant") for a post-acknowledgment comprehensive plan amendment(" PAPA Application"), corresponding Comprehensive Plan and zoning amendment(" Zone Change Application"), and Site Plan Review(" Site Plan Review Application") to allow development of an aggregate mining and processing operation on undeveloped land located generally at 153 Daisy Mine Road in Josephine County, Oregon. The applications shall be collectively referred to herein as the " Applications." For the reasons explained below, and based upon the identified evidence and argument in the record, the Board finds that the Applications satisfy all applicable approval criteria. The Board has considered the opponents' issues and contentions to the contrary and does not find these to be persuasive for the reasons discussed herein. Accordingly, the Board approves the Applications, subject to the conditions identified below. Summary of Project The Applications request permission to mine and process aggregate materials from an approximately 212- acre site located near the southwest corner of the intersection of Placer Road Page 1— Sunny Valley Sand& Gravel Findings of Fact& Conclusions of Law Josephine County Board of Commissioners and Daisy Mine Road (" Property" or" Site"). The total excavation area is approximately 112 acres in size, will be set back at least 50 feet from the Property lines, and all mining operations will be located above the 100 year floodplain. Fill and excavation activities within wetland areas subject to state and/or federal regulation will also be avoided with the potential exception of a limited ephemeral ditch at the western Property boundary subject to any necessary state/ federal authorizations. The active mining area will be fenced in one area above the existing highway on the eastern portion of the property for safety, and where possible, natural vegetation will remain along the Property lines to provide a visual buffer. Noise mitigation barriers will be located within the setbacks. Applicant has estimated that there are approximately 6,900,000 tons of aggregate resource on the Property. Excavation will occur in eight phases over 20-40 years, generally progressing from the eastern portion of the Site toward the west and then to the southwest and back to the southeast. Once excavated, the material will be processed on-site through a crusher and then hauled off-site. Processing of the aggregate materials will occur in the southeastern portion of the site. The Property will be reclaimed to a series of ponds and lakes with sinuous slopes to provide biologic, hydrologic and geologic diversity along the shoreline. Reclamation will be in accordance with requirements set forth by DOGAMI and will consist of revegetation and stabilization of the mined areas. The Property is primarily undeveloped, with the exception of a caretaker' s residence on Tax Lot 1200. There are two easements on the Property for an electrical transmission line that traverses the Property in a northwest- southeast direction and a buried gas line that traverses the central portion of the Property from north to south. In addition, there is an easement from Daisy Mine Road to the west across the adjacent Tax Lot 1001 which currently provides access to the Property. A new access road is planned to enter the central portion of the Property off of Placer Road. Andreas and Carole Blech, and Blech, LLC, are the owners of the Property. Notice On March 21, 2014 ( and as revised on March 28, 2014) the County transmitted notice of the Applications to the Department of Land Conservation and Development (" DLCD") in accordance with ORS 197. 610. Copies of those notices are set forth in the record. On April 4, 2014, the County mailed notice of the public hearings on the Applications to owners of property located within 1, 500 feet of the Property, Community Planning Organizations, agencies, and other interested persons.