County Court approves new land-use zone
Saturday, March 17, 2007 11:46 PM PDT
Larry Meyer Argus Observer
VALE
In approving ordinances to create a new land-use zone for the county and to rezone the proposed site of a planned bio-refinery, the Malheur County Court Wednesday adopted a series of findings and conclusions supporting the applicant’s positions and refuting arguments by opponents.
The findings of fact and conclusions were prepared by Robert Van Brocklin, attorney for Treasure Valley Renewable Resources, the developer of the bio-refinery. The documents were reviewed by members of the court before their vote in the afternoon session.
One ordinance created an M-3 Agricultural Processing Plant Industrial Zone for agriculture processing which are large enough to become industrial in nature.
Findings for the new zone include a statement that it will allow processing plants to take advantage of agricultural production, creating new opportunities for employment and to diversify the economic base of the county.
The M-3 zone has a narrow list of uses intended as a measure to protects the rural quality of life.
Another finding is the zone is intended to encourage the continuation and expansion of the existing agricultural industry in the county, intended to promote the development of new industry in the county.
The new zone will be applicable anywhere in the county, but given the acreage requirements of such plans, they will generally require a location outside of urban growth boundaries. The finding, however, said the county is not proposing to apply the M-3 Zone to a wide spectrum of properties throughout the county.
The second ordinance approved by the court has rezoned about 115 acres south of Ontario from exclusive farm use to the new M-3 zone.
To do that the court had to grant an exception to state land-use planning Goal 3 which says agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products.
The court also accepted findings that the proposed bio-refinery must be close to a short line railroad spur; be situated in a central location; have availability of water, power, natural or bottle gas; be in a relatively sparsely populated area; host quality of soil to support plant facilities; be close to transportation corridors; have a willing seller; and be a minimum of 70 to 75 acres and proximity to wheat, barley and corn crops.
The court accepted findings the property meet the necessary criteria for the bio-refinery.
Those findings rejected arguments from opponents of the proposed location, that the proposed use is or will create an urban and an exception to state land-use Goals 11 and 14 as required.
The court disagreed with arguments the applicant failed to demonstrate there is inadequate industrial land available and the bio-refinery project could use less land than proposed.
