Special interest coalition asks county for rezone

Monday, September 19, 2005 1:47 PM PDT

Larry Meyer - Argus Observer

VALE - A local special interest group including realtors, property owners and others asked the county to consider rezoning low value, or low productive, farmland to clear the way for housing development.

Pat Phillips, Ontario resident and realtor, read a letter to the Malheur County Court Wednesday for the group, asking the court to request the creation a new zone similar to one adopted by Crook County, called a non-resource lands zone.

"We envision other uses, primarily rural residential, with additional restrictions, such as minimum number of acres, criteria for set-backs, building size and type restrictions, landscaping requirements, road requirements, sanitation," Phillips read from the letter.

Noting a soil survey of the county recognized 36 soil "series" and each of those is given a capability rating of one to eight, with one being the best and eight being the worst, Phillips said those lands rated the worst for productivity should be zoned something besides exclusive farm use. Only units one through six are considered productive farm ground, she said.

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Between Malheur Butte and Snowmoody Ridge, to the east, there are approximately 2,500 acres of ground rated as capability 8, or least productive, Phillips said. The group of citizens feels this ground could be better utilized if it were zoned differently, she said.

Members of the court said they would take the issue under advisement.

On other zoning issues, county officials are preparing to hear the first Ballot Measure 37 cases filed with the county from people seeking relief from zoning regulations which have affected their land.

Ballot Measure 37, passed in 2004, was the second land use measure approved by voters, after the first one was overturned by the courts on a procedural issue. The measure essentially requires state and local governments to compensate land owners when regulations lower power values or else waive the rules.

Malheur County Planner Jon Beal said the first two are fairly simple issues since the property owners purchased their land before the zoning laws were adopted. In both cases, he said the property owners have less than 80 acres and want to split off part of the land with the houses. This is not allowed under current regulations.

Beal said the property owners are asking the court to waive the zoning regulations involved. The county will not provide compensation, he said.

The court will hear these cases Oct. 5.

Meanwhile, Ballot Measure 37 faced its first legal challenge in Marion County Circuit Court last week, as opponents claimed the law has constitutional flaws in it.

There is no word on when the judge will rule in the case. In other county news, the county court Wednesday approved and signed the intergovernmental agreement with the Oregon Department of Aviation, making the county the sponsor of the proposed Jordan Valley Airport.

As proposed, the cost of construction will be covered primarily by the Federal Aviation Administration, with matching funds from the state.

The county will be responsible for maintenance, but ODA officials said the FAA will be providing funding for upkeep.

"There is absolutely no county dollars in this at all," Stephanie Williams, county counsel, told the court.

The Associated Press contributed to this story.