Zoning plans put on the backburner

Can Crook County control its own future without zoning?

This question has been troubling the Crook County Commissioners, who dedicated time on Wednesday for further discussion on the problem of large-acre parcels and subdivisions cropping up with little opportunity for input from the county.

However, it’s unlikely the commission will consider moving forward on zoning until the soon-to-be-approved large-acre subdivision rules have been given a chance to solve ongoing concerns about lack of oversight on new development.

The Process

The new large-acre subdivision regulations, which the commission expects to consider for final approval next month, would allow the county to set rules for parcels larger than 35 acres. Current regulations only cover smaller parcels and have not been applicable to the larger developments now underway around the county.

Zoning would be an alternative way to tackle this problem, and was tentatively discussed as an option last month in the event that the new rules are not sufficient.

On Wednesday, the idea of zoning was touched on again when Heath Turbiville and Mike Oakley of HDR Engineering visited the commission at the request of the Land Use Planning commission.

“At the last board meeting, we talked a little about zoning and they wanted us to come talk to you about your needs,” Turbiville said.

He presented a document outlining HDR’s recommended process and timeline to introduce zoning, which would take approximately ten months to complete. It came from an internal expert on writing regulations, he said, and involves, “Starting with reviewing what you currently have…then moving into public engagement.”

Oakley later added that public engagement is perhaps the most important part of the process, as it allows the commission to attune fully to the thoughts and desires of the public, which in turn helps to make the kind of changes that genuinely reflect the lifestyle and needs of this area.

Input from stakeholders, said Turbiville, “can be as little or as much as you’d like,” but usually pays off in the end.

County Input

During the conversation, the commission touched on the various reasons oversight is needed.

Commissioner Kelly Dennis explained that regulations will help the county figure out what resources it has or needs to support larger developments, such as fire, EMS and infrastructure. Requiring that a developer runs their plans past the commission also offers an opportunity to share expertise.

For example, Dennis said, the commission and county staff know which parts of the county can handle new development and which cannot. A certain area, for instance, might not have enough water to support 20 new houses.

Turbiville confirmed that a zoning map could include notation as to which areas are more easily developed. This, pointed out Commissioner Jeanne Whalen, might not prevent someone from wanting to develop in a less amenable spot, but might at least, “Make them slow down and think about it.”

Heads Up

According to Whalen, the commission has been given very little information about the new developments occurring around the county. With regulations in place, developers would be obligated to present their plans to the commission.

“Nobody’s come here because they don’t have to,” she said, adding that she’s “had it up to here” with never receiving direct information.

“I’m not wild about zoning, period,” said Whalen. However, she expressed that she strongly supports the new large-acre subdivision regulations and feels they will be a “great asset”.

Ducks in a Row

Without oversight, the county cannot compel a developer to include specific infrastructure in their plans. However, the county will still be obliged to provide services to that subdivision, which means the infrastructure will still be needed.

For example, emergency services cannot reach a destination without roads.

Current residents should not be on the hook to pay for these things, said Commissioner Fred Devish – it should fall to the developer.

“They’re the ones making money on the deal, they should be paying for it,” he said.

Way of Life

Oversight from the county has the upside of allowing the commission to protect current residents from development that would impact their way of life.

Said Whalen, for example, the commissioners would be able to provide input in a situation where someone’s “little bit of heaven” is about to be spoiled by a three-story building right in the middle of their view. Devish added another example: hog farmers in the middle of a residential area.

But do county residents want zoning?

“As we all know, zoning kind of has a bad taste for people,” commented Devish.

“I think that’s changing,” responded Dennis.

“To a degree,” Devish agreed. That, he said, is why public engagement would be such an important component of developing the zoning rules: to make sure people know that the commission is here to help.

The county doesn’t want to dictate what people can and can’t do, he continued. The commission’s interest lies in helping people “protect their way of life”.

“I don’t know if zoning is the ultimate answer or not,” Devish said, but, “eventually it’s coming” and it would be best to do it right.

Zoning is a lengthy process, so it’s not something that would be introduced overnight. That’s good, joked Whalen, because, “It might take ten months to convince me to do this.”

Devish reiterated that the large acre subdivision rules might answer a lot of the concerns raised by the commission. Road & Bridge Foreman Morgan Ellsbury added that it will also, “Be a good indication of how popular zoning may be”, while Devish pointed out that it may help people understand what zoning actually is and what it’s intended for.

“We’re not here to dictate your business, but you should tell us what you want out of the deal,” Devish said, speaking to his hope that the community will provide feedback on what they think about zoning and its potential impacts – good and bad – on their lifestyle.

Let’s implement those large-acre subdivision regulations, said Dennis, and see what the response is and whether they are enough to solve the issues. By winter, he added, it will be possible to see if more is needed and make a decision on whether to move ahead with zoning.

“We’d rather do it right than hurry,” he said.