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Arguments continue over Talent asphalt plant Appeal contests county's OK of Mountain View's switch from concrete to asphalt Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jun. 2, 2015 at 5:13 PM By Tony Boom for the Mail Tribune Posted Jun. 2, 2015 at 5:13 PM » Social News Change from a concrete batch plant to asphalt in 2001 represents a significant land-use alteration that should prevent Mountain View Paving from continuing its operations near Talent, opponents of the plant argued Monday. Jackson County Land Use Hearings Officer Donald Rubenstein listened for more than three hours as both sides argued whether the county was right in giving Mountain View's application for the alteration tentative approval last March. Steve Rouse, president of Rogue Advocates, which appealed the county's decision, contended the switch to asphalt represents a different use and adversely impacts neighbors. “We believe the application must be denied as a requirement of law,” he said. Rubenstein is expected to issue a ruling by Sept. 25. The property is “grandfathered” for uses that existed prior to its current zoning, set in 1973. The site has been used for aggregate and batch operations since the 1960s. County criteria do not allow for a different use or adverse impacts. Neighbors have complained of odors, noise and dust from the operation for about five years. Since 2012, there have been multiple rulings from the county, its hearings officer and Oregon’s Land Use Board of Appeals. “They are essentially paying legal rent to get by with this unlawful use,” said Maura Fahey of Crag Law Center, attorney for Rogue Advocates, who noted that efforts to gain legal status for the operation began in 2011. “This is a legal, nonconforming use on my client’s property,” Mountain View attorney Dan O’Connor said in opening statements at the county courthouse. The site was legally used for a concrete operation prior to its conversion and has no greater impact on neighbors, he said. The nature and extent of the previous concrete operation, a criteria for approval, has not been firmly established, opponents argued. The county's decision was based in part on written testimony from Howard DeYoung, who owned the property from 1963 to 2002, said Rouse. Fahey pointed to inconsistencies in written testimony submitted in a 2001 application for conversion to asphalt use and testimony since 2012 on various batch plant and aggregate operations at the site over the decades. “This ever-evolving story can’t be relied upon as the truth,” said Fahey. DeYoung testified that Best Concrete operated at the site during the 1990s. During that time, he said, a second road was built into the site because of the high volume of truck traffic. He said the current operation is much less impactful on neighbors. DeYoung had also written that complaints were lodged over the heavy use with Talent City Council and the city manager during the 1990s. But Talent Mayor Darby Stricker testified that a 16-hour city staff search of council minutes, enforcement complaints and the manager’s records found no complaints regarding the plant during that period. Batch plant consultant Tom Chasm, speaking at the request of Rogue Advocates, said there were significant differences between asphalt and concrete operations. An asphalt operation emits noxious gases at multiple points and uses fuels and fire not found in concrete production, he said. Mountain View Paving is in compliance with Oregon Department of Environmental Quality air standards. Fires and explosions, which can occur at asphalt batch plants, constitute a greater adverse impact according to LUBA, Fahey stated. Five citizens spoke in opposition to the plant’s approval. Rubenstein will leave the record open until June 15 for additional comments. Responses to those comments are due by June 29 and O’Connor has until July 20 to rebut those filings. Tony Boom is a freelance writer living in Ashland. Reach him at [email protected] . By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jun. 2, 2015 at 5:13 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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