County adopts new development rules

It will be around three months before the county’s new rules for large subdivisions kick in, but the wording of the regulations ensure that any development started before that time will still have to meet the appropriate standards.

The Crook County Commissioners convened in a special meeting last week to discuss the large acreage subdivision regulations, consider the public comments received and ultimately adopt the new rules via resolution.

According to that resolution, the commission felt it necessary to create the regulations because the county, “Is experiencing a significant increase in lands being developed in large acreage developments.” The rules, state the resolution, will help the county fulfill its charge of promoting, “The health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of Crook County.”

The commission had hosted a public hearing the week before and, on Wednesday, duly considered the comments received both orally and in writing. Public interest in the new rules was high, with County Attorney Joe Baron noting that, in all his years serving the county, he has never received written comments on a set of rules.

Baron explained the changes that had been made in response to the comments, or gave further explanation in cases where no alterations were felt to be necessary.

Grandfathering

Perhaps the most important issue raised in the public comments was that of whether the rules will be applied retroactively. Baron explained that, once enacted, the regulations will apply to any land between 35 and 140 acres in size in the unincorporated parts of the county.

“It happens – right then,” he said.

However, Baron explained, there is a list of five or six exemptions that can be requested by an applicant, such as that the land is greater than 140 acres in size or that the applicant is only requesting a boundary adjustment.

The regulations include a 2008 cut-off date. The owner of any land that has not been changed since that time has the right to claim an exemption to the rules.

There are numerous subdivisions within the county that have been in existence for years, most of which have a plat and covenants and, in some cases, an improvement district. Even though these may not have been developed before 2008, said Baron, they will not be required to make any changes if they “substantially conform” to the new rules, and exemptions can be granted as needed.

Baron stressed that the language of the new rules is intended to convey that the developer needs to come before the commission and request that exemption – they are not exempt simply because they started work on the subdivision before the rules were adopted.

Public Input

Another of the comments spoke to the issue of timing.

“The concern is that this was sprung on the public,” said Baron. “The fact of the matter is that this has been going on for a year and a half.”

Baron outlined the process that has been followed during this time, including the opportunities for public involvement and advertising. “There’s been plenty of time and notice,” he said.

Roads

In response to a commenter’s query about the 60-foot right-of-way required on new roads, Baron explained that this has been put in place because it’s tough to scrape up enough dirt to build a road in 30 feet, and also because it’s a logical request when other subdivision and county roads are required to meet that standard.

However, he pointed out that a developer can ask for a variance if a 60-foot right-of-way is unavailable due to, for example, the topography.

Commissioner Kelly Dennis stated that he would prefer to keep the 60-foot requirement for the sake of EMS and fire. In the middle of the night, when things get tough, he said those emergency vehicles need to be able to meet in the road.

Commissioner Fred Devish agreed; in his experience of firefighting out in the county, he said that sometimes, “It gets a little ticklish”.

Dennis added that it’s likely that some of these large-acre developments will later be subdivided again into lots of around five to ten acres, which will all still need to be serviced by that same road.

“I’d like to leave that requirement and deal with it on a case-by-case basis,” he said, recognizing that there will be some cases where 60 feet is just not possible.

The requirement for a developer to upgrade the county road leading to a new subdivision to county standards was removed in response to comments received.

Additional Comments

One commenter expressed concern that the rules would effectively prevent anyone from subdividing their land. That’s not the case, said Baron, “It just means you’ve got to follow the rules.”

Similarly, he confirmed that variances have been granted in the past and can still be granted in the future, and will be evaluated on their merits on a case-by-case basis.

At the request of Commissioner Jeanne Whalen, an item will be added to the checklist for approval of a new large-acre subdivision with the Planning Department to provide information to developers on topics including tree programs and hazardous fuel mitigation.

Whalen also queried whether a statement should be added to the regulations explaining that the county is under no obligation to provide fire protection. Baron responded that this would be better included in the county fire warden’s review of a new subdivision plan.

Adoption

Baron pointed out that it will take time to get the forms and applications put together, which means the rules cannot be practically enforced at this time.

“If this thing is enacted today and somebody shows up tomorrow, there’s not a form yet,” he said.

Planning Administrator Tim Lyons requested 90 days to complete the development of that paperwork, bearing in mind his current workload. The commission agreed, approving and adopting the regulations with an effective date of December 1.