Planning Commission – October 2022

NOTICE OF PUBLIC HEARING

Malheur County Planning Commission will hold a telephonic public hearing on October 27, 2022 at 07:30 pm.
In person attendance is available at the Malheur County VA Building: 316 NE Goodfellow St, Ste. #2 in Ontario.
For the health and safety of the Planning Commission members and members of public, Malheur County encourages people to join electronically.

Directions to join remotely:
Login by computer/tablet/smartphone: https://www.GoToMeet.me/MCPZ/PC
Call in: (312) 757-3129
Access Code: 644-177-621


Applicant A: Oregon Trail Mennonite Church: a continuation from the July 28th hearing for the consideration of a Conditional Use Permit for private school in a Rural Residential zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-3C-3(E), for tax lot 400, Section 29, T.17S, R.47E, W.M. Planning Department File #2022-06-009; Malheur Co. Ref. #15899. The property is located southwest of the intersection of Foothill Dr and Chester Rd, in Ontario, OR.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Ontario Rural Fire Department
Exhibit 3: Letter from Ontario Rural Road Assessment District #3
Exhibit 4: Letter from Oregon Health Authority – Drinking Water Services


Applicant B: Janine Grund: a continuance from the September 22nd hearing for the consideration of a Conditional Use Permit for a non-farm dwelling in an Exclusive Farm Use zone. Applicant withdrew proposal on September 29th, 2022.

WITHDRAWAL NOTICE


Psilocybin Ordinance: a recommendation to County Court to adopt Ordinance 230 that regulates the psilocybin land uses in the unincorporated areas of the Malheur County.

ORDINANCE 230
FINDINGS OF FACT


Applicant C: Carol Trevino: the consideration of a Conditional Use Permit for a non-farm dwelling in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-1 and OAR 660, Division 33, Agricultural Lands, for tax lot 1200, Section 10D, T.17S, R.47E, W.M. Planning Department File #2022-08-014; Malheur Co. Ref. #6497. The property is located about 4 miles east of the intersection of US Hwy 201 and Boat Landing Rd, in Ontario.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Owyhee Irrigation District
Exhibit 3: Letter from Rural Road District No.3
Exhibit 4: Letter from Payette Rural Fire Department


Applicant D: Weston Wettstein: the consideration of a Conditional Use Permit for a non-farm dwelling in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-1 and OAR 660, Division 33, Agricultural Lands, for tax lot 400, Section 10, T.18S, R.46E, W.M. Planning Department File #2022-09-009; Malheur Co. Ref. #6667. The property is located about 3 miles west of Ontario, on Foothill Dr.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Water rights map provided by Owyhee Irrigation District
Exhibit 3: Letter from Ontario Fire Department


Applicant E: ShaleAnn Cluff: the consideration of a Conditional Use Permit for a non-farm dwelling in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-1 and OAR 660, Division 33, Agricultural Lands, for tax lot 300, Section 11, T.18S, R.45E, W.M. Planning Department File #2022-09-014; Malheur Co. Ref. #13644. The property is located about ½ mile north of the intersection of Foothill Dr. and Hillcrest Dr., in Vale.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Butler & Looney P.C. regarding the recorded road easement agreement
Exhibit 3: Letter from Owyhee Irrigation District
Exhibit 4: Letter from Vale Rural Fire Protection District
Exhibit 5: Letter of opposition from Jeff & Diana Burkhardt
Exhibit 6: Letter from Malheur County Roadmaster
Exhibit 7: 10/27/2022 Letter from Corey Rossi


Applicant F: Mike Eicher: the consideration of a Home Business in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7 for tax lot 1200, Section 12, T.20S, R.45E, W.M. Planning Department File #2022-09-010; Malheur Co. Ref. #9959. The property is located about 14 miles SW of Nyssa, on Cow Hollow Rd.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Nyssa Rural Road Assessment District #2
Exhibit 3: Letter from Nyssa Rural Fire Department
Exhibit 4: Letter of opposition from Curtis Sauref
Exhibit 5: Letter from Malheur County Building Department


Applicant G: Huntington Travel Plaza: the consideration of a truck repair shop in a Rural Service Center zone pursuant to MCC 6-3F-5 and Performance Standards 6-3G-4. Tax Lot 700, Section 4, T.15S, R.45E, W.M. Planning Department File #2022-09-013; Malheur County Ref. #14781. The property is off Exit 353 on I84-W in Huntington, OR.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Huntington Fire Department
Exhibit 3: Letter from ODOT


Applicant H: Jennifer & Steve Gerulf: the consideration of a Conditional Use Permit for a Home Business in an Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-6 (C) and OAR 660, Division 33, Agricultural Lands, for tax lot 503, Section 17, T.17S, R.47E, W.M. Planning Department Files #2022-09-011; Malheur Co. Ref. #20861. The property is located about 3 miles north of Ontario.

STAFF REPORT

SUPPORTING DOCUMENTATION:
Exhibit 1: CONDITIONAL USE APPLICATION
Exhibit 2: Letter from Ontario Rural Road Assessment District #3 
Exhibit 3: Letter from Ontario Fire Department
Exhibit 4: Letter from Malheur County Building Official


Please note, the call-in number is not toll free, this shouldn’t be a problem if you are calling from a cell phone. A toll-free number is available upon request, by calling the Planning & Zoning office at (541) 473-5185.

Interested persons may appear and will be provided an opportunity to be heard. For the health and safety of the Planning Commission members and members of the public, Malheur County encourages people to join electronically. Written comments may be received prior to the hearing by sending them to Eric Evans, Planning Director, 251 B Street West #12, Vale, Oregon 97918 or Eric.Evans@MalheurCo.org.

Testimony, arguments and evidence must be directed toward the criteria set out above, or other substantive criteria in Malheur County’s Comprehensive Plan or land use regulations that the person believes apply to the application.

Failure to raise an issue at the hearing, in person, or by letter, or failure to provide sufficient specificity to afford the Planning Commission an opportunity to respond to the issue precludes an appeal to the Malheur County Court or the Land Use Board of Appeals based on that issue.

A copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at the Malheur County Planning Department Monday – Friday from 8:30 a.m. – 12:00 (noon) and 1:00 p.m. to 4:30 p.m. or on the county website www.malheurco.org/planning-department at no cost. Copies can be provided for $0.25 per page. In addition, copies of the Staff Report will be available at least seven (7) days prior to the hearing at a reasonable cost or can be viewed on the County website or in the planning department office at no cost. Please contact the Planning Director (541-473-5185) for additional information.