Steps and resources for application preparation:

Two new POP on West side parcel  -4S12E 01 TL 500  179.31 AC  

 1)    behind the pond house(attempted blueberry patch) – this is the POP that was initially begun earlier but was not followed through concurrent with the approval we are now extending.

2)    Additional POP alongside prior proposal or over in wooded area along the west side.

You would need to:

·       Confirm configuration for two parts of parcel in appropriate layout to be 2-20 acres in size, leave a parent parcel of 160 acre min, and provide for adequate building envelope considering agricultural setbacks.  Must be composed predominantly of class 7 soils – work with County GIS / Surveyor

·       IF can’t configure two parts of parcel in appropriate layout to contain mostly class 7 soils then either do one POP as previously configured or figure out an alternate layout and challenge soil classifications with soil scientist

·       AUM rating will need to be challenged for both

·       If soils and AUM can be demonstrated to be poor enough to qualify as a non-farm parcel then

·       Prepare preliminary survey map – may need / want to include building envelope to account for agricultural setbacks or any setbacks from streams or irrigation channels…

·       Submit land use application 

·       Complete land use application

·       If no appeal then – prepare final partition plat and record, work toward meeting conditions of approval until building permit can be sought…  If selling may wish to consider special disclosure statements and documentation that the buyer understands the terms, conditions, and timeframe within which they must build.

OR

1)    New location in wooded area along west side

2)    New location in wooded area along west side

You would need to:

·       Confirm most desirable location for two POP in an area where soil appears least productive and most likely to be determined to be predominantly of class 7 soils by a soil scientist brought out to challenge current classification.

·       Confirm configuration for two parts of parcel in appropriate layout to be 2-20 acres in size, leave a parent parcel of 160 acre min, and provide for adequate building envelope considering agricultural setbacks. 

·       AUM rating will need to be challenged for both

·       If soils and AUM can be demonstrated to be poor enough to qualify as a non-farm parcel then

·       Prepare preliminary survey map – may need / want to include building envelope to account for agricultural setbacks or any setbacks from streams or irrigation channels…

·       Submit land use application 

·       Complete land use application

·       If no appeal then –  prepare final partition plat and record, work toward meeting conditions of approval until building permit can be sought…  If selling may wish to consider special disclosure statements and documentation that the buyer understands the terms, conditions, and timeframe within which they must build.

Additional POP on East side parcel - 4S 13E 00 TL 1200   (4S 13E 06 TL 900 - Easter Lake POP came from)

This would only be possible IF you could vacate the existing POP to start over with a lot created prior to July 1, 2001. 

You would need to:

·       determine whether there is sufficient acreage to leave a 160 ac parent parcel with a second POP

·       sufficient class 7 soil on remainder of site to allow for approval of a non farm parcel

·       re-permit the existing POP – should only require resubmitting the application previously submitted

·       likely challenge AUM rating for parcel

NOTE: if water rights are present on any resulting non-farm parcel and they are required to be extinguished or moved prior to receiving a building permit the transfer of the rights can take a considerable amount of time and require additional expert assistance. 

Costs are Variable Depending on Field Work Required:

Conservative estimates for services mentioned above would be-

Challenging the Grazing Capacity of the land – (AUM)

NRCS Farm Services – can calculate site specific AUM numbers and the County will now accept their assessment.  No known fee (will call to confirm)

IF

NRCS cannot do so in a timely manner a resource specialist qualified in rangeland management can prepare a site specific report on grazing capacity of any selected site. (prior contract 4-6,000.00 to look at a couple of sites and write up a report to challenge one.  Sample estimate from prior work (done w/in past 3 yrs) below.

Proposal of Costs: All of the above activities will be carried out on each DE (specific land units identified for evaluation)

 1.     Considering that the first “Part of Parcel” portion of a property identified as “Parent Parcel” is an independent entity at this point, this work will be completed for $800.00. This includes of course all related travel and other related expenses of the contractor

2.     The remaining DEs can be approached two ways; if it is known that all DEs will be included in the agreement, they could be priced on a single package basis of $6,000.00.

3.     If it is undecided whether to do all 15 DEs, they can be handled on a per day fee of $500.00. Partial days are considered, in the sense that only actual time of an 8 hour day worked will be charged, using 2 hour increments. In case we have an agreement on doing determinations on other “DE” parcels I think it may be an advantage if they are handled on a per day basis. 

Challenging the Productivity of Soils for Crops – (Soil Classification)

Qualified Soil Scientist would need to review site and prepare report meeting with NRCS requirements.  Sample estimate from prior work (done w/in past 3 yrs) below.

 > This is how I break down billing:

>    Professional time:  $70/hr x 5 = 350 (field and map work)

>    Travel time:          $30/hr x 4 = 120

>    Mileage:  250 RT x  $0.50 = 125      Total:  $595

>   One more day to do field work ($525) and report writing (sound and

>   scientific) (6-8 hrs, $420-560), copying and mailing $50.  Estimate to be

>   for final product if  >51%  is $1520-$1660.  If <50% 595 x 2 = $1190.

 Water Rights Transfer or Extinguishing Water Rights

Costs vary too greatly to estimate based on prior work.  Have request for more specific estimates in to Ben @ Tenneson.  Based on phone conversation this week, he will be able to provide estimates to you.

Land Use Permitting

Work on these POP permits has run from 2,500 – 4,000 per permit.  Some cost savings are likely with work on more than one permit for the same area running concurrently, likewise some additional costs are to be expected based on need to coordinate with specialists to challenge standard mapped data on soils and grazing capability.  Fees for land use permit would be time and materials basis 70.00 per hour with 2,000.00 retainer per POP to be processed. 

Other Considerations in Determining how Best to Proceed:

 Agricultural Setbacks

 The structural setbacks from Agricultural lands are greater than typical setback distances and this needs to be considered when sizing and configuring lots.

 1. Setback

a. Property Line

(1) All dwellings (farm and non farm) and accessory structures not in

conjunction with farm use, shall comply with the following property line

setback requirements:

(a) If adjacent land is being used for perennial or annual crops, the

setback shall be a minimum of 200 feet from the property line.

(b) If adjacent land is being used for grazing, is zoned Exclusive Farm

Use and has never been cultivated or is zoned F-1 or F-2, the setback

shall be a minimum of 100 feet from the property line.

(c) If the adjacent land is not in agricultural production and not designated

Exclusive Farm Use, F-1 or F-2, the setback shall be a minimum 25

Feet from the property line.

(d) If any of the setbacks listed above conflict with the Sensitive Wildlife

Habitat Overlay the following shall apply and no variance shall be

required:

i. The structure shall be set back a minimum of 25 feet from the road

right of way or easement;

ii. The structure shall be located within 300 feet of the road right of

way or easement pursuant Section 3.920(F)(2), Siting Standards;

and

 iii. As part of the application the applicant shall document how they

are siting the structure(s) to minimize impacts to adjacent

agricultural uses to the greatest extent practicable.

(2) Farm structures shall be set back a minimum of 25 feet from the property

line.

Permitting of Campsites is possible through creation of a campground – initial standards (below) preclude hooking sites up to services.

14.Private Parks, Playgrounds and Campgrounds

a. The campground is established on a site or is contiguous to lands with a park

or other outdoor natural amenity that is accessible for recreational use by the

occupants of the campground.

b. Except on a lot or parcel contiguous to a lake or reservoir, private

campgrounds shall not be allowed within three miles of an urban growth

boundary unless an exception is approved pursuant to ORS 197.732 and

OAR chapter 660, division 4.

c. A campground shall be designed and integrated into the rural agricultural

and forest environment in a manner that protects the natural amenities of the

site and provides buffers of existing native trees and vegetation or other

natural features between campsites.

d. Campgrounds shall not include intensively developed recreational uses such

as swimming pools, tennis courts, retail stores or gas stations.

e. Campsites may be occupied by a tent, travel trailer, yurt or recreational

vehicle. Separate sewer, water or electric service hook-ups shall not be

provided to individual camp sites except that electrical service may be

provided to yurts allowed for by subsection f below.

f. No more than one-third or a maximum of 10 campsites, whichever is smaller,

may include a yurt. The yurt shall be located on the ground or on a wood

floor with no permanent foundation.

As used in this paragraph, “yurt” means a round, domed shelter of cloth or

canvas.…

DeVaney Consulting, Inc.  -  509 637 4311