Subdivision rule changes pass muster

The Crook County Commissioners have approved updates to the regulations for minor subdivisions and the bylaws of the Land Use Planning Commission following a public hearing last week.

The updated versions differ only slightly from the proposals originally put forth by Land Use.

Subdivision Updates

One of the most significant changes to the minor subdivision rules was to reduce the minimum size of an allowable lot from five acres to 2.5 acres.

“It does not mean they have to make 2.5 acre lots, but it gives them that opportunity if they want to do smaller ones,” said Lyons.

Part of the impetus from this change, he explained, was aerial photography of recent developments in the county, which show that many owners are only using half of their five-acre lots. This led the board to consider it may be a better use of available property to allow more people on smaller amounts of land.

The commission heard a comment on this change from a member of the audience who said he moved here precisely because of the low population and does not want to see huge growth encouraged such that Crook County eventually turns into downtown Los Angeles.

Commissioner Bob Latham agreed with the sentiment, but said part of the reason for this change is to encourage developers to build smaller lots that people can afford in closer proximity to the municipalities.

The revisions included a change to the necessary widths of roads. Lyons explained that this is “always a gripe” with developers, who believe 45 feet to be excessive.

However, Latham and Commissioner Fred Devish both objected to this change on the basis that large firefighting vehicles would have issues maneuvering. Latham explained that the county’s firefighters are volunteers, not professional truck drivers.

The commission chose not to accept this revision.

The changes also clarify that, while mineral rights are not included with the purchase of any lot, they are the dominant estate, which means they can be developed by their owner regardless of surface ownership. The surface owner is, however, entitled to damages as determined by statute.

In response to public comment, a change was made to say that the mineral rights “may” not be included with the purchase of a lot, instead of “will” not, to avoid confusion and make it discretionary.

“Other reserved rights” was also added to this clause; County Attorney Joe Baron gave dinosaur bones as an example.

A few other minor “housekeeping” changes were made to the minor subdivision rules, said Lyons, such as to change the name of his department to “Planning” instead of “Growth and Development”.

Bylaw Updates

One of the proposed changes to the bylaws for the Crook County Land Use Planning and Zoning Commission would have altered one of the goals of the comprehensive county land use plan. The intent would have remained the public safety, health and general welfare of the unincorporated areas of the county, but the “morals” of those areas would have been removed.

However, Baron commented that he believed it necessary to leave “morals” in there because that wording is in the statute. He explained that it is intended for regulation of such things as porn shops.

“Right now we do nothing on that stuff, but in the municipalities it’s pretty common to regulate those industries,” said Baron.

This was the only revision rejected by the commission.

Approved revisions included that Robert’s Rules of Order have been removed from the operating procedures of the commission, to be replaced by “standard meeting operating procedures”.

The commission’s secretary will no longer be automatically designated as the county clerk. The position can now also be designated to another county employee or member of the commission.

The chair can now also appoint a designee to render the monthly written or oral report to the county commissioners.

Both documents can be viewed on the county’s website and written or oral comments will be accepted. Written comments should be submitted to the county clerk prior to the hearing.

At the end of the public hearing, Latham moved to accept the revisions except for road widths within the minor subdivision rules, preferring to leave the roads at 24 feet and cul-de-sacs at 45 feet, and the “morals” clause in the bylaws.