CU24-028 BOC Order - Laserfiche WebLink

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Exhibit A While the mulch is delivered to farms in the area, the Board found during the hearing that MVTS was unable to show a connection to the local agriculture community. The primary purpose of the activity is to sort and dispose of logs that do not have any connection to local agriculture. While the woodchips are provided to farmers, this only occurs during short time periods. The applicant states that they generate woodchips "for 40-60 hours annually". While those woodchips may enhance the local agriculture community, the rest of the operation, which occurs year-round, does not. The storage and sorting of logs in conjunction with the large 18-wheelers that bring the equipment and logs to and from the subject property do not enhance the local agriculture community. Testimony from neighboring farmers and property owners contest that it detrimentally affects their living conditions and ability to farm. Additionally, there wasn't sufficient evidence that there is an adequate number of local farms able to receive the mulch from the operation for use on local farms. The Board finds that this criterion is not met. (c) The agricultural and commercial activities must occur together in the local community to satisfy the statute. As discussed in the findings above, The Board found that the commercial activity did not demonstrate a sufficient connection to the local agriculture community. Only a small portion of the activity had any connection to farm uses and the rest of the use was negatively affecting neighbors and farmers due to noise and heavy truck traffic. Based on this evidence, the agricultural and commercial activities undertaken by MVTS do not occur together and are separate uses. Much of the material is only stored on the property for a limited time, never turned into mulch and then hauled off. Applicant did not state where the unchipped wood was hauled. The mulching operation occurs for 40-60 hours a year, but the log sorting and storage use occurs year-round. This demonstrates how the uses do not occur together, but rather the mulching is an incidental by-product of the log sorting and hauling. While the mulch may have some connection to the local agriculture community, the Board found there was insufficient evidence to demonstrate this, as stated above in section (b). The Board has already found that this use does not enhance the local agriculture community, thus the Board also finds there is a lack of evidence to show how the agricultural and commercial activities occur together in the local community. The criterion is not met. (d) The products and services provided must be essential to the practice of agriculture. MCC 17.136.060(D)(4) implements state law and codifies requirements from caselaw. The criterion requires that a proposed commercial activity be "essential" to the practice of agriculture. Applicant argues that the mulching operations and resulting product is essential to the practice of agriculture. Applicant provided information regarding the uses and benefits of mulch in agricultural operations to support the contention that the service is essential for CU 24-028 - ORDER Klopfenstein Page 5