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ASPHALT PLANT LUBA reverses Mountain View Paving decision Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Sep. 4, 2016 at 11:01 PM By Tony Boom for the Mail Tribune Posted Sep. 4, 2016 at 11:01 PM » Social News TALENT — Jackson County misconstrued its own land development ordinances when it gave approval for Mountain View Paving to use its 11-acre site on Bear Creek to handle recycled asphalt products, Oregon’s Land Use Board of Appeals ruled Monday in reversing the county's decision. The ordinances do not allow the processing of aggregate in the absence of aggregate mining on site, LUBA ruled in responding to an appeal of the approval filed by Rogue Advocates and Christine Hudson, owner of a retirement community across the creek. Mountain View did not propose mining in its application. The rules also don't allow processing materials, such as recycled asphalt, that are not natural occurring, the board said. Jackson County approved Mountain View Paving’s handling of recycled asphalt earlier this year. This followed a multi-year struggle in which the firm and Rogue Advocates fought over the company's right to operate an asphalt batch plant on the site. LUBA ruled in January that the asphalt plant was not allowed and Jackson County fined the firm $21,700 for code violations arising from operations. “As for the implications, it’s basically as if there was not a decision,” said County Counsel Joel Benton. “The decision is null and void, as opposed to a remand, which is to amend or reconsider as part of the decision-making process.” Jackson County or the intervenors, Mountain View owners Paul and Kristen Meyer, could seek judicial review of the LUBA ruling. “At this point we are still analyzing it," Benton said. " I haven’t had a chance to review it and discus it with other county representatives.” He said those discussions were unlikely before next week. Attorney H.M. Zamudio, who represented the Meyers at the LUBA hearing, did not return calls for comment on the ruling or review possibilities. Jackson County did not participate in the LUBA hearing. LUBA rejected an argument by the intervenors that the approval was not a land-use decision because the county planner was required to exercise very little discretion. The board said the county ordinance language clearly required interpretation by the planner and exercise of policy or legal judgements, making it a land-use decision. Jackson County processed Mountain View’s application as a Type 1 use, which did not require notice to neighbors or interested parties. Aggregate handling approval also allowed asphalt batching for 30 days during a 12-month period if it was shown to be necessary to construct an approved public road project. “I don’t know how the county could get it so wrong ... and make two errors,” said Steve Rouse, president of Rogue Advocates. “The use will finally go back to what the zoning is, which is rural residential.” Rouses said he is hopeful this may be the last time Mountain View Paving submits an application for industrial uses of the site. “I think this may be the end of their paying legal rent for five years to operate. That’s what it amounts to,” said Rouse. “Obviously for Rogue Advocates there has been a long outflow of time and money for five years.” — Tony Boom is an Ashland freelance writer. Reach him at [email protected]. By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Sep. 4, 2016 at 11:01 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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