In co-opting the use of the single bridge in and out of Grand Island and putting 175 trucks per day, including Saturday, on the island roads, the applicant will significantly impact and disrupt the direct marketing agriculture that is taking place on Grand Island. Such impacts are not minimizable.
The county has the right and duty to protect high value farmland and to look at all activities of agriculture including the marketing practices as an agricultural practice in determining impact.
For example,
In Eugene Sand & Gravel v. Lane County, 74 P.3d 1085 (Or. Ct. App. 2003), the Oregon
Court of Appeals upheld the county’s consideration of a farm stand as an accessory use in denying the defendant’s rezoning request in an exclusive farm use area. Id. at 1092. The
court held that the farm stand was an “agricultural use,” and therefore it was proper for
the county to consider the effects of rezoning, including increased traffic, dust, and lost
resources, on the farm stand. Id. at 1086.
1.3 Identification of Impact Area.
OAR 660-23-0180(5) states:
"(4) For significant mineral and aggregate sites, local governments shall decide whether mining is permitted. For a PAPA application involving an aggregate site determined to be significant under section (3) of this rule, the process for this decision is set out in subsections (a) through (g) of this section. A local government must complete the process within 180 days after receipt of a complete application that is consistent ~with section (8) of this rule, or by the earliest date after 180 days allowed by local charter.
(a) The local government shall determine an impact area for the purpose of identifying conflicts with proposed mining and processing activities. The impact area shall be large enough to include uses listed in subsection (b) of this section and shall be limited to 1,500 feet from the
boundaries of the mining area, except where factual information indicates significant potential conflicts beyond this distance. (emphasis added)
(b) The local government shall determine existing or approved land uses within the impact area that will be adversely affected by proposed mining operations and shall specify the predicted conflicts. For purposes of this section, "approved land uses" are dwellings allowed by a residential zone on existing platted lots and other uses for which conditional or final approvals have been granted by the local government. For determination of conflicts from proposed mining of a significant aggregate site, the local government shall limit its consideration to the following:
(A) Conflicts due to noise, dust, or other discharges with regard to those existing and approved uses and associated activities (e.g., houses and schools) that are sensitive to such discharges;
(B) Potential conflicts to local roads used for access and egress to the mining site within one mile of the entrance to the mining site unless a greater distance is necessary in order to include the intersection with the nearest arterial
identified in the local transportation plan. Conflicts shall be determined
based on clear and objective standards regarding sight distances, road capacity,
cross section elements, horizontal and vertical alignment, and similar items in
the transportation plan and implementing ordinances. Such standards for trucks associated with the mining operation shall be equivalent to standards for other trucks of equivalent size, weight, and capacity that haul other materials;
(C) Safety conflicts with existing public airports due to bird attractants, i.e., open
water impoundments as specified under OAR Chapter 660, Division 013;
(D) Conflicts with other Goal 5 resource sites within the impact area that are shown on an acknowledged list of significant resources and for which the requirements of Goal 5 have been completed at the time the PAPA is initiated;
(E) Conflicts with agricultural practices;
and
(F) Other conflicts for which consideration is necessary in order to
carry out ordinances that supersede Oregon Department of Geology and Mineral Industries (DOGAMI) regulations pursuant to ORS 517.780
Grand Island is unique, irreplaceable, unduplicatable, high-value farmland and a singular farming community. The impact area of the application goes far beyond the stated 1500 ft and impacts the entire island, creates myriad, unminimizable conflicts with multiple family businesses and the future of the new farming that will sustain agriculture in Yamhill County.
As recently as last year, 2009, Yamhill County developed the Yamhill County Agri-Business Economic and Community Development Plan with the stated objective “to ensure its local agriculture industry can continue to thrive – operate profitably, grow in place and contribute to community livability in all parts of the county.” Amending the General Plan to allow Baker Rock Products to mine and thereby destroy not only 175 acres of prime, irreplaceable high-value farmland and the family farming legacy and bright future of Grand Island flies in the face of this goal.
A rare resource – high-value farmland with available water
The coincidence of good quality abundant water with Class I and II soils on Grand Island makes this high-value farmland a rare resource in Yamhill County. By contrast, the Oregon Department of Geology and Mineral Industries identifies another 172 known sites for aggregate resources within Yamhill County alone, an abundant resource.
Class I and II soils is rare anywhere but in Yamhill County even where these soils occur, water may be a limiting factor in their use as farmland. Agriculture Profile of Yamhill County, Globalwise, Inc. (November 2008) presented two findings that directly address this:
Soil variability: Valley soils are not uniformly suited to crop production. Heavy clay soil that is poorly drained is interspersed with highly fertile, well-drained soils. Drainage systems are commonly installed to increase the productive capacity of valley soils. Wine grapes in foothill areas are produced on soil that has traditionally been considered unsuitable for agricultural crops.
Supplemental irrigation is needed for most high value crops: wine grapes, tree fruits and nuts, specialty vegetable seeds and berries. About one acre out of every five crop acres is irrigated. Two irrigation districts serve portions of Yamhill County and these districts cannot accept new irrigators due to restricted water supply. Additional irrigation water must be obtained from wells.
The Yamhill County Agri-Business Economic and Community Development Plan identifies several challenges to maintaining a viable agricultural sector in the County. This one speaks to the challenge of providing adequate water:
Managing Water Use: Yamhill agriculture needs reliable water supply systems and strong conservation measures to protect irrigated agricultural production in much of the county the county’s water resources are fully allocated. Unless new water supplies are developed, local domestic water agencies will likely purchase a portion of their water supply from agriculture to meet future municipal demand. The finite water supply may mean many sectors of local agriculture are approaching upper limits for expansion. Securing and conserving water will pay major dividends for the future of agriculture in this county.
Unlike other EFU areas in Yamhill County, Grand Island is water rich. The loss of this high-value farmland is not minimizable.
An abundance of aggregate
By contrast to the rarity of Class I and II soils with adequate water of good-quality water is the abundance of aggregate in Yamhill County.
Baker Rock in its application makes the following case for local aggregate:
“Approval of this application will also allow continuation of a sustainable practice-local production of aggregate to satisfy local demand. Aggregate is essential for construction and maintenance of public infrastructure, and for private commercial, residential, and farm use development. Aggregate is also heavy, and expensive to ship. Local production of aggregate is preferable to long-haul delivery because it generates less greenhouse gas, uses less fuel, and reduces wear and tear on highways. Competitively priced aggregate is essential to local and state economic health, and conserves scarce tax dollars.”
While they are not all owned by Baker Rock Products, the Oregon Department of Geology and Mineral Industries identifies another 172 known sites for aggregate resources within Yamhill County alone. Not only is this aggregate abundant in Yamhill County but many other sites could provide the benefits of local aggregate sourcing to the environment and the taxpayer without the disruption of the economic engine of family agriculture and loss of Class I and II soils with water available that are on Grand Island.
Myriad aggregate locations in Yamhill County
Screen shot from MIOL of many aggregate locations in Yamhill County.
A different, more profitable agriculture
Farmers are the original entrepreneurs. Over the years, the family farmers on Grand Island have responded to the increased costs of production, the lack of revenue control of growing crops for the commodified market and the increasing pressure of urbanization by shifting crops that could succeed in direct farm marketing programs.
These programs – farm stands, pumpkin patches, community-supported agriculture, rent-a-tree, farmers’ markets and direct to restaurant sales rely on consumers coming to the farm multiple times during the production season. The result of making this connection between urban/suburbanites and family farms is a vibrant, profitable farming community that contributes significantly to the local economy.
Part of the 2009 Yamhill County Agri-Business Economic and Community Development Plan, The Future for Agriculture in Yamhill County, states, “At the other end of the spectrum are small scale, labor intensive, artisanal agricultural enterprises. This is the face of “new” agriculture, and includes much of the vineyard and winery segment that has grown up over the last 40 years, and the more recent re-emergence of fresh, natural/organic food production. The ability to sell directly to consumers or command premium wholesale prices is often necessary to achieve sufficient profits for the smaller businesses. Significant growth in small farms, vineyards and wineries offering high value products makes this segment the safe bet for where much of Yamhill agriculture is headed.” The future of Yamhill County agriculture outside of the wine industry is Grand Island.
Direct market farmers typically derive from 30% to 100% of their income from direct marketing or specialty markets depending on whether or not they still participate in the commodified market. Without the willingness of consumers to frequent these farm businesses, this income is lost and the businesses will fail.
This agriculture is profitable. The average gross revenue per acre on Yamhill county farms is $1066 and the net $801. Katie Kulla of Oakhill Organics testified, their net per acre is in the range of
$3300.
She testified that
Gathering Together Farm in Philomath, OR had similar margins.
47
th Avenue Farm that recently moved part of their CSA growing grounds to the island probably has similar margins.
I personally netted around $2500 per acre on my California farm on poorer soils, as did other similarly situated farmers. These numbers are not outliers.
The loss of these farms because the consumer is unwilling of unable to brave the gauntlet of heavy gravel trucks and trailers would be devastating not only to the farm families but to the future of diverse agriculture in Yamhill County.
Heavy gravel trucks with trailers are not compatible with family sedans and SUVs
These alternative marketing programs – farm stands, pumpkin patches, community-supported agriculture, rent-a-tree, farmers’ markets and direct to restaurant sales rely on consumers coming to the farm multiple times during the production season. This type of agriculture is not compatible with an additional 74 gravel truck and trailer passes per day over a blind bridge that is only 18 feet wide. And the cumulative impact is even worse. In the application, the engineering company ran a cumulative case scenario in defense of the Lambert Bend bridge – “If the bridge were subjected to higher numbers of heavier load cycles, of the numbers considered in the proposed applications: 148 trips per weekday, rounded to 150 trips =39,107 trips annually. (emphasis mine)
Beyond congestion, the unwillingness of families to be sandwiched between huge, heavy gravel trucks and their trailers to patronize their local CSA, U-pick, farm stand, or pumpkin patch cannot be underestimated. This coupled with the operating hours requested of 6AM to 10PM including Saturday when most families would have time to visit several farms, leaves no alternative times when gravel trucks would not be on the roads. This business disruption is not minimizable.
 |
| Figure B County dump truck and trailer used for bridge testing |
Figure B shows a typical truck and trailer configuration on the small island roads. Notice that the truck is over the line and still appears to be at the edge of the pavement. This would make the driver of a smaller family vehicle carrying children concerned with lines of sight and safety. There is no room for pedestrian or bicycle traffic in this scenario.
Agrotourism as it is practiced by the farmers on Grand Island is one of the types of tourism contemplated by the Yamhill County Agri-Business Economic and Community Development Plan. This plan recognizes the challenge inadequate infrastructure can create:
Infrastructure is a challenge. Tourism sector expansion could be thwarted by chronic infrastructure problems in Yamhill County’s small communities: inadequate water, sewer and transportation systems. “Getting stuck in a traffic jam is a turnoff.”
Challenges
The primary challenge confronting the development of Yamhill County’s tourism sector is the need to find strategies for encouraging appropriate scale tourism while preserving quality of life in local communities and sustainability of the county’s rich agricultural base. Yamhill County residents are not going to willingly sacrifice their communities’ small town character or their own lifestyles, or watch these erode to accommodate still more day-trip visitors.
Another significant challenge is infrastructure – transportation, water supply, wastewater systems, and other facilities. In some local communities, these systems are at or near their capacity limits. At times, these constraints are visible even to first-time visitors: e.g., traffic congestion on Highway 99W. There’s a lack of funding to support basic infrastructure needs, which in turn are needed to accommodate tourism sector growth.
Traffic study in the application is insufficient
Urban-purview traffic study centered on an off-island intersection with an emphasis on weekday commute times fails to capture the conflicts between heavy gravel hauling trucks with trailers and soccer moms in small SUVs driving to the island to pick up their weekly CSA share on a weekday afternoon or families in vehicles or on bicycles going to island farm stands or to Heiser’s Pumpkin Patch on Saturday. It should not be forgotten that the applicant has asked to run from 6am to 10pm six days per week providing customers of these family businesses no recourse around gravel truck traffic.
In their traffic study the applicant states:
The subject site is expected to yield approximately 325,000 tons of aggregate per year.
Based on this level of production, the site is expected to generate approximately four trucks per hour over a typical eight-hour workday
and yet the application is for 6am to 10 pm or DOUBLE the ‘typical’ workday.
The applicant further states
The Comprehensive Plan designation is currently AFLH (Agriculture/Forestry-Large
Holding). The current planning designation is EFU (Exclusive Farm Use). Both designations generate very few "trips. The trip generation for the current use was assumed to be zero; therefore, the net increase in site trips becomes the trips generated under the proposed Comprehensive Plan/zoning designation. (emphasis added)
Clearly there cannot be a vibrant farming community with a direct marketing focus on Grand Island and have a zero trip assumption be taken seriously.
Note the difference in scale between dump trucks and passenger vehicles then picture 174 trips per day by theses trucks with trailers on a single lane bridge and imagine the impact on farm stands, U-pick, CSAs and pumpkin patches.
Now imagine if your school district wanted to take children on an outing to Grand Island.
In short, the applicant cannot minimize the impact of the rezoning on the existing agriculture including the marketing schema on Grand Island and the application should be denied.
