Applicant sought a narrow amendment to File LRP2005-00003 for the purpose of relocating screening berms along the OR-140 (Blackwell Road) frontage of the subject property. The provision of screening berms was a condition of approval for LRP2005-00003 and their locations were depicted in the approved Site and Operations Master Plan for the Applicant’s aggregate operations facility. In 2013, the Applicant submitted an application (File ZON2013-00797) to the Jackson County Board of Commissioners for the amendment of two conditions of approval (Nos. 9 and 19) of Board Order No. 433-07, upon which the Board adopted Order No. 5-14 to remove condition No. 19 in its entirety and to modify condition No. 9 as follows (underlined emphasis added):
The applicant will dedicate 20 feet of right-of-way (ROW) ownership for the future expansion of Blackwell Road on Tax Lots 1303, 1900, and 1800. The applicant shall agree to make changes to the location of the existing berms as determined by any necessary changes to the right-of-way for a future widening project. ODOT will construct turn lanes and approach as part of a future project.
In addition, the screening berm along OR 140/Blackwell Road will be constructed and planted in accordance with the plans submitted by the applicant. The berm will be constructed once ODOT determines the right-of-way and alignment of OR 140/Blackwell Road.
ODOT has completed its planning for the widening of OR-140 (Blackwell Road), and the project resulted in the acquisition of an approximately 80-foot wide swath of land from the Applicant’s current frontage. The Applicant proposed to amend the Site and Operations Master Plan for LRP2005-00003 to relocate the screening berms to accommodate the OR-140 (Blackwell Road) right-of-way widening, but with 60-feet more right-of-way than was anticipated when the 2013 amendment was approved. The amendment proposed herein did not include any other modifications to the Site and Operations Master Plan, nor does it include any changes to the approved and on-going aggregate mining operations.
