Zoning issues again top court docket
Malheur County leaders send one request back to planning board
By Larry Meyer
Argus Observer
Thursday, September 18, 2008 10:27 AM PDT
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| Property shown here, owned by John Faw, by Oak Road near Bellows Drive, is the subject of a rezoning request now before the Malheur County Court. |
VALE — The Malheur County Court Wednesday issued a final order remanding one zone change request back to the county planning commission and conducted the first hearing on a second zone change issue.
The remand order concerned a request by Kelly Bench to rezone property along Oak Road, north of Ontario, from exclusive farm use to rural residential. County hearings regarding exceptions to statewide planning goals regarding the protection of farmland for the property were held on Aug. 20 and Sept. 10.
During the hearings, Bench and his attorney, R. David Butler, said they wanted to change the property configuration, currently proposed as 12 to 14 lots, to four lots, with three lots, 10 acres each.
Members of the court decided a new analysis of the state planning goals by the planning commission was needed and a new application, with the larger lots, would have to be submitted. The normal six-month waiting period to re-file an application was waived by the court. Bench said he will be filing a new application.
In Wednesday’s hearing, John Faw, also represented by Butler, aimed to change the zone on about 36 acres he owns along Oak Road and near Bellows Drive from exclusive farm use to rural residential, proposing 12 lots of between two and three acres, with one six-acre parcel.
“I’m not asking for a spot zone change. I’m asking that a current zone be extended,” Faw told the court. He was referring to the rural residential zone that the neighboring Bellows Subdivision occupies. It is the residents of that subdivision who are the main opponents.
Of the 36 acres, only 16 acres are farmable, Faw said, but they are divided into three fields, with the largest being seven acres.
“It is not large enough to be economically farmed,” he said, but he agreed the parcel is farmable.
He counted more than 200 homes within a mile of the site, he said, and not all the traffic from his proposed subdivision would empty out onto Bellows Road because there would be another route.
Tamara Maguson, a resident of Bellows Drive, said the statewide planning goal of protecting farmland must be followed.
“The farming has not been incompatible with the subdivision,” she said. Another issue is whether there are enough lots in rural areas to build homes.
“I don’t think there is a need,” she said.
Another opponent, Charles Moss, said the property has been irrigated, has had cattle on it and has excellent soils.
Malheur County Planner Jon Beal said the planning commission recommended the zone change application be denied because it did not meet requirements that there had been an irrevocable change from agriculture practices on the property.
The second hearing on the Faw application will be Oct. 1.
