Dry Creek Ranch 10970 SE Juniper Canyon Rd Prineville, OR 97754
Farm & Ranch D I V I SIO N
650 SW Bond St, Ste 100 Bend OR 97702
PAM MAYO-PHILLIPS & BROOK HAVENS PRINCIPAL BROKERS 541.480.1513 | 541.604.0788 pam.mayo-phillips@sothebysrealty.com brook.havens@sothebysrealty.com www.desertvalleygroup.com
All Brokers are licensed in the Sate of Oregon. Each office is independently owned & operated. All information is deemed reliable, but not guaranteed by Cascade Sotheby’s International Realty. Purchaser shall have sole responsibility to inspect the property and inform themselves of the true condition thereof. Purchaser accepts the responsibility before submitting any offer or executing contract. Any grazing permits /leases/water rights are NOT Guaranteed by Seller or Cascade Sotheby’s International Realty, Buyer is responsible for due diligence.
Dry Creek Ranch Address: 10970 SE Juniper Canyon Road and Map and Tax Lot: 161700 00800, 161612 01200, 161601 00105, 161601 00100, 151700 02100 Property: • One of kind livestock and recreational property with potential for future development-RRM5 zoning. • Ranch is 1671 deeded acres with 20 acres of well irrigation water rights • 3500+/- acres of BLM/State grazing allotments (324 AUMS), 3 ponds, additional catch ponds on property for livestock water and seasonal creek. • Improvements include: two ranch homes, refurbished barn, two shops, fenced, cross fenced and gated. Own an entire valley with abundant wildlife and future investment. • Property is 7 miles from Prineville and 7 miles from Prineville Reservoir. • 2nd Dwelling is a legal residence and will shown on second showing or with an accepted offer. • Main Home: Heat Pump is newer but has never been hooked up/used. • Buyer is responsible for due diligence on water rights, BLM allotment and potential development for the portion of the property zoned RRM5. • Homes are Sold As-Is. Seller will need 30 days after COE to vacate property. Irrigation: TL 1200: Total of approx 53.8 ac primaryDry Creek irrigation water rights and 11 ac supplemental irrigation Groundwater rights TL 800: Total of 22.6 ac primary irrigation Dry Creek water rights - See email from State Water Master – Buyer Responsible for due diligence. Dry Creek is seasonal. Domestic Water: Private Well Utilities: CEC Central Electric Coop Taxes: $2840.19 Tax Year 2016 – Property is in farm tax deferment. Buyer responsible for maintaining after the close of escrow. Zoning: EFU2 Exclusive Farm Use Zone and RR5 Recreation Residential Zone Price: $1,900,000.
MLS 201704629
Shown By Appointment Only See Video at www.drycreekranch-prinevilleoregon.com All information Provided by Cascade Sotheby’s International Realty and Agents is deemed reliable but not guaranteed, Buyer is responsible for any/all due diligence. | 541-923-1376 | www.desertvalleygroup.com
SE KOEHN RD
SE IOWA AVE
SE GOBLE DR
SE MAIER RD
S E T HO MA S R D
1517000002100 640.2 AC
SE HILLTOP RD
SE COYOTE LN
DRY CREEK 05135 ANTELOPE
SE RIORDAN RD
1616010000105 195.2 AC
1616010000100 388.2 AC
DRY CREEK 05135 LOWER DRY
1616010000102 5.15 AC
1617000000800 292.72 AC
1616010000101 2 AC
DRY CREEK 05135 DRY CREEK
DRY CREEK 05135 WEST PARCELS
1616010000104 5.2 AC
CT
1616010000103 5.41 AC
Dry Creek Ranch
SE
SN
OW
FL
AK
E
1616120001200 155.49 AC
Grazing Allotments Parcel of Interest
SE MEADOWLARK CT
Grazing Allotment and Pasture Feet 250
500
1,000
Disclaimer
[
This map was derived from data provided by Crook County and the BLM. AmeriTitle has provided this information as a courtesy and assumes no liability for errors, omissions, or positional accuracy in the data, and does not warranty the fitness of this product for any particular purpose.
SE JU N IPER CANYO N RD
SE DAVIS LOO P
SE MEADOWLA RK LN
SE HOOD CIR
SE HOOD CIR
SE SLO GOIN RD
5/1/2017
SE REDTAIL LN
Drryy D Crree e C e kk
DRY CREEK 05135 HORSE
DRY CREEK 05135 EAST ANTELOPE 0
Other Parcel
www.amerititle.com DRY CREEK 05135 HIGHWAY Copyright © 2017 by AmeriTitle. All Rights Reserved. Printed in the USA.
H SE PAULINA
WY
HW Y
R NI PE SE JU N RD O CAN Y
SE DAVID WAY S E JE R RY D R
SE KENNEDY WAY
ULI NA
kk ee Cr er n ip Ju
SE P A
SE JERRY DR
SE IOWA AVE
SE THOMAS RD
SE HILLTOP RD
( 635.84 AC )
SE BAN TA LN
1616010000105 195.2 AC
VE S T GAL
SE ME AD O
SE
SE BRIDGE RD SE SOUTH WOOD DR
B ER
RD SE SEN ECA
RD
Dry Creek Ranch
SE MOSI LN
Grazing Allotments
SE
RD
ZA
SE C OUG AR
CCrr oooo kkee dd
SA LN
State Agency
YL N
Other Parcel
ND
W
BLM
[
SA
NT
GE SE
N
SE P
I CA SE W
Grazing Allotment and Pasture
Feet
SE
LN N
IA
AY
R TI D AVA
Approx Acreage
D GE R
W
DR
FA SE
AY IS W Y AV WA D OT SE RO R TE BI T SE
Parcel of Interest
RID
NA
SE
A LT
RRii vvee rr
SE PECOS RD
SE CAYUGA RD
EA G L E DR
SE HOPI RD SE UTE RD
L DE N
SE CREEK RD
GO
SE PUEBLO RD
LN
SE
N RD
SE MOKI RD
BO
AT BC
I N G TO
SE YUMA RD
SE TACOMA RD
SE
R EM
SE TETON RD
RD
Ow O wll CCrr eeee kk
SE LEE WAY
IE LD S T SE SP RIN G F
SE IDLEWAY ST
SE CHOCTAW RD SE MODO C RD
ER
L AKE A CCES S
SE APACHE RD
SE DAKOTA RD SE NAVAJO RD
SE WASCO RD
SE CHEYENNE RD
SE PAIUTE RD
P
DRY CREEK 05135 LOWER ANTELOPE
SE PRIN E VI L LE
AN RO W SE
SE SHAWNEE RD
SE TUMB LEWE ED DR
SE CROW RD
SE UMPQUA RD
SE WINTOON RD
SE YAKIMA RD
H AT
OO YL
SE PRAI RI E S C HO ON
S E EA SY ST SE LOA FER AVE
SE UMATIL LA LOOP
DRY CREEK 05135 HIGHWAY
SE WALTH ER LO OP
OP
WE SE
I
AY
LO
SE GLOCK ST LL ENE SE B
LN
W
R
SE YUROK RD
N ES O M E D OV E R D SE LO SE M A DIS O N A VE
SE KRAG ST SE RUGER RD S EG SE AT W LI IN CH SE BERETTA WAY S E ES BR TE OW NI NG ST
S E PA WN E E LO O P
N RD
kk
SE
Y R HW IVE
SE CAHVI LLA RD SE HURON RD
S E O LS EN L N
LN
PSO
ST LT
R ED OK
SE CHIPPEW A RD
G
S IM SE
SE DOCIA DR
CO
SE CHEROKEE RD
IN
LN
NG
SE TILLAMOO K LOOP
NN
DRY CREEK 05135 HORSE
S E E T H A N LO O P
SE
SE ER IE RD
SC RO
SE SIOUX LOOP
SE CAY USE RD
SE LOS T LAKE DR
SE WAP ITI LN
eee Crre yC r D
MA
W LA RK
AAnn tteell oopp ee CC rreeee kk
( 161.45 AC )
S E R E E D RD
S
SE CUSTER RD
DRY CREEK 05135 EAST ANTELOPE
SE WAGON WHEEL LN
SE BRIDG E CT
SE KLAM AT H RD
DRY CREEK 05135 PORFILY
1616120001200 155.49 AC
SE V IE W TO P LN
ES
1617000000800 292.72 AC
1616010000104 5.2 A C
1616010000103 5.41 AC
CT
C AC
( 265.02 AC )
1616010000101 2 AC
SE HOND O CT
SE INDIAN LN
SE LANDINGS WAY
RD S E FOX
DRY CREEK 05135 LOWER DRY
1616010000102 5.15 AC
O N LO O P
SE MAPHET RD
1616010000100 388.2 AC
SE PURDY PL
XA S TE
SE RIDG E VIEW RD
CIR
OC T AM AL SE
ESS A R D SE OD
SE
SE
SE WOODSTOCK WAY
DRY CREEK 05135 ANTELOPE
SE RIORDAN RD
SE DA L LAS RD
DRY CREEK 05135 DRY CREEK
1517000002100 640.2 AC
( 81.66 AC )
ST A' S AR CL SE
SE GOBLE DR
SE COYOTE LN
S E L A R ED O R D
SE WOLF RD
SE MAIER RD
DR
DRY CREEK 05135 WEST PARCELS
SE KOEHN RD
SE GRAVETT RD
SE PINSTER DR
SE BANTA LN
IC
SE MOUNTAIN RD
S E B ON N I E R D
SE HARTSOOK LN
EN
SE HIGHLAND RD
SE BLUEBIRD DR
SE DAVID WAY
SC
SE MARK RD
SE QUAIL CANYON RD
GH HI SE
SE
SE CANYON RD
LN
DA CE SE
SE VI CKIE DR
SE AKINS DR
R
DR
SE DAVIS LOOP
SE LA UREN DR
SE
PA R
0 5001,000
K LA
ND
2,000
Disclaimer
This map was derived from data provided by Crook County and the BLM. AmeriTitle has provided this information as a courtesy and assumes no liability for errors, omissions, or k Crreeeek positional accuracy in the data, and does not warranty C Deeeerrthe D fitness of this product for any particular purpose.
DR
SE
V IS
EEK
P
LT CR
RD
C reeeekk kaallii Cr A lk
Crrooookkeedd R Riivveerr C
SA
O LO TA
SE
5/22/2017 CCrr oooo kkee dd RRii vvee rr
www.amerititle.com
Copyright © 2017 by AmeriTitle. All Rights Reserved. Printed in the USA.
0
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSE ONLY
1,000
2,000
3,000
T.16S. R.17E. W.M. CROOK COUNTY
4,000 Feet
16S17E
1" = 2000'
0
19.81 CH = 1307' NORTH
0
79.81 CH = 5226'
NORTH
80.57 CH = 5318'
NORTH
80.23 CH = 5295'
0
0
0
20.23 CH = 1335'
0 77.40 CH = 51.08'
MAP
0
SEE
20.28 CH = 1338'
N 00º03' W
20.28 CH = 1338'
N 00º01' W
N 00º06' W
18.58 CH = 1226'
N 00º04'30" E
18.58 CH = 1226'
38.76 CH = 2558'
N 00º27'30" E
1353.83'
SEE
MAP
SEE
0 0
HW Y
100
N 89º22' W
1500
15 1700
39.09 CH = 2580'
14
13
580.00 AC
2002
MAP
100
16S 17E 16C N 89º32' W
80.04 CH = 5283'
0
0
80.12 CH = 5288'
N 89º54' W
N 89º51' W
0
80.30 CH = 5300'
N 89º40' W
80.80 CH = 5333'
MAP
16S 17E 20A 480.00 AC
21
23
JU NIP E
R
2800
IN 29D
MAP
P RD
AM R BO AT TY
CO UN
83.86 CH = 5535'
PP -04 98 19
33
0
20.18 AC
CS 1821
100
0
ER VO
IL LE
N 89º41' W
80.52 CH = 5314'
3300
640.00 AC
80.00 CH = 5280'
100'
0
SEE
2607
40.00 AC
17S
36
35
Revised: EB 7/1/2008
2602
40.00 AC
CS 1872
80.00 CH = 5280'
MAP
3200
160.00 AC
19.19 AC
2615 P1 PP -40 20.23 AC 01 0 2613 P2 20 20.32 AC
N
80.00 CH = 5280'
PP -16 01 20
34
2605 P1 2614 P1 19.19 20.09 AC P2 AC 2612 P2 2608
17E
RD CANY O
80.20 CH = 5293'
100
21.49 AC
S 89º35' E
0
PRINEVILLE RESERVOIR
0
0
SE
100
23.96 CH = 1581'
S 86º48' W
2104
80.00 AC
P2
SEE MAP 16S
0
80.28 CH = 5298'
0
R
WEST
17E
33BD
33CA
4 47.61
NIP E
32
0
P1 2611
0
JU
17E
16S
20.56 AC
K
16S
31
SEE MAP
2600
25
26
EE
2 47.19
79.90 CH = 5273'
100
CR
SE
CS NOV 68 & NOV 676
SEE MAP 16S 17E 32B
SEE
27
E ILL EV
0
0 100
AT PL RT -10 PA 995 1 S 89º48' W
PR
17E
SE
16S
NE V
28 SEE MAP
PR I
29C
MAP
'
80.00 AC
16S
17E
1968
RD
SEE
E
0
83.43 CH = 5506'
1 46.98
29
2900
L A KE º26'
0
S 89º47' E
MA 29 P B
0
S
100
4 46.76 23.43 CH = 1546'
80.00 CH = 5280'
O SAN F
E
S 65
E
17E
0
0
30 3 46.54
N 89º28' W
0
80.10 CH = 5287'
80.00 CH = 5280'
0
0
SE 16 E S 17
100
S 89º37' W
80.14 CH = 5289'
120.00 AC
0
MAP
S 89º54' W
2700
2871'
110.00 AC
16S 17E 29BC
80.00 CH = 5280'
100
0
SEE
S 89º52' W
0
80.00 CH = 5280'
0
0
1 46.11
2 46.32
RE S
AC C E SS
100A1 S 89º54' W
0
0
83.00 CH = 5478'
0
S 89º44' E
24
18E
4 46.00 23.00 CH = 1518'
RD
IR
SEE MAP 16S 17E 20D
22
16S
SEE MAP 16S 17E 20C
100
3 46.00
MAP
2100
19
100'
0
100
2 46.00
3 47.40
0
80.80 CH = 5333'
SEE
16S 17E 20B
80.00 CH = 5280'
20.00 AC SEE
16S 17E 17D
0
1 46.00
19.96 CH = 1317'
CS MAY 63
NORTH
RD
1383.03' 1383.03'
PARCEL 3
N 88º51' W
200.00 AC
16
40.35 CH = 2663'
260.00 AC
16S 17E 17C
S 89º47' E
83.00 CH = 5478'
N 87º22'30" W
2000
MAP
SEE
CANYON
20.58 CH = 1358'
N 00º02'00" W
40.17 CH = 2651'
N 00º38'30" W
20.19 CH = 1333'
20.19 CH = 1333'
20.19 CH = 1333'
N 00º35'00" W
1347.63'
100
N 88º26' W
0
16E
40.93 CH = 2701'
60'
21
1
40.00 AC
79.95 CH = 5277'
PARCEL 3 N 87º50'30" W
12
40.00 AC
1100
80.15 CH = 5290'
0
0 16S
80.00 AC
38.93 AC
1400
40.00 AC
10
17E
16S
0
100 20.53 CH = 1355'
20.10 CH = 1327'
40.35 CH = 2663'
40.35 CH = 2663'
17
1353.93'
10-16-90
CS
1900
N 88º26'00" W
1353.93'
R PO RT PA AT 1 PL 91-0 19 N 89º54' W
0
75.27 AC
0
PAR 2
S 88º57'30" W
S 87º50' W
16S 17E 17B
80.20 CH = 5293'
-10 96 19
SEE MAP
20.21 CH = 1334'
2
0
1301
11
0
4 45.90 23.00 CH = 1518'
R PO AT PL RT 09 PA 97 PAR 3 9 1
18
20.57 CH = 1358'
23.48 CH = 1550'
MAP
MAP 1105
0
164.29 AC
40.70 CH = 2686'
100'
9
N 89º38' W 80.79 CH = 5332'
1300
100
0
0
82.59 CH = 5451'
1002
20.49 CH = 1352'
PAR 3
ON ITI RT S 89º43' W PA AT PL
S 89º40' E
43.47 CH = 2876'
S 88º30'00" W
S 87º50'00" W
SEE
80.00 AC
0
0 100'
4 45.30
N 84º22'00" W
41.35 CH = 2729'
584.80 AC
N 89º55' W
1200
0
40.85 CH = 2696'
N 86º54'30" W
1000
MAP 17E 7D
SEE 16S
1005
0
80.55 CH = 5316'
PAULINA
8
N 86º42'00" W 41.32 CH = 2727'
100
177.12 AC
1
80.00 AC
0
N 89º51' W
100
3 45.50
3 45.70
102
0
0
N 89º39' W
SEE
2 45.50
1 39.95
272.78 AC
0
79.95 CH = 5277'
84.00 CH = 5544'
WEST
100
7
23.35 CH = 1541'
2 39.85
200
2
0
0
0
83.00 CH = 5478'
1 45.30
201
300
1 45.90
22.59 CH = 1491'
100
3 39.76
80.00 AC S 89º17' E
2 45.70
4 39.67
SE
3
100
283.83 AC
200.97 AC
POR PAR 2
= 1518'
100
4
1 39.83
2 40.21
3 40.59
101
643.22 AC
5
17E
4 40.97
400
598.65 AC
16S
1 41.06
0' 10
7 46.10 23.00 CH
500
2 40.89
3 40.72
4 40.55
0
6
AT 6 PL 46.34 RT -07 PA 08 0 2
1 40.16
'
13534.73 AC
R PO
2 39.55
3 38.94
4 38.33
MAP
SEE
Cancelled 700 801 1001 1003 1004 1101 THRU 1104 1600 1701 1800 2001 2003 2004 2005 2006 2007 THRU 2009 2010 2011 2012 2013 2014 2101 THRU 2103 2200 THRU 2500 2601 2603 2604 2606 2609 2610 2801 THRU 2806 3000 3100
17E
60
5 46.58
600
1 34.70
2 34.59
100
NORTH 79.00 CH = 5214'
292.72 AC 3 34.38
84.10 AC 4 37.52
15S
0
18.98 CH = 1222'
100
800
900
NOT A PART OF PLAT
20.57 CH = 1358'
MAP
SEE 23.47 CH = 1549'
80.00 CH = 5280'
0
16S17E
0 0
From: Subject: Date: To: Cc:
VANLANINGHAM Sam J * WRD Sam.J.Vanlaningham@oregon.gov RE: Water Rights - Juniper Canyon June 7, 2017 at 4:03 PM Brook Havens brookmhavens@gmail.com GIFFIN Jeremy T * WRD Jeremy.T.Giffin@oregon.gov
OK here you go: 161612 TL1200 Primary Irriga7on NENE approx 2 ac (of 3.6 ac in QQ) cert 81653, source is Dry Creek, priority 1952 NWNE approx 30 ac (of 32.4 ac in QQ) cert 81653, source is Dry Creek, priority 1952 SWNE 6 ac cert 81653, source is Dry Creek, priority 1952 NENW approx 7.8 ac cert 81653, source is Dry Creek, priority 1952 SENW approx 8 ac (of 10.08 ac in QQ) cert 81653, source is Dry Creek, priority 1952 Supplemental Irriga7on NWNE approx 11 ac (of 14.8 ac in QQ) cert 61073, source is GROUNDWATER, priority 1976 Total of approx 53.8 ac primary irriga7on and 11 ac supplemental irriga7on on TL1200 161700 TL800 (all water rights are in Sec7on 6) Primary Irriga7on SENW 1.2 ac cert 81653, source is Dry Creek, priority 1952 NESW 10.1 ac cert 81653, source is Dry Creek, priority 1952 NWSW 2.8 ac cert 81653, source is Dry Creek, priority 1952 SWSW 8.2 ac cert 81653, source is Dry Creek, priority 1952 SESW 0.3 ac cert 81653, source is Dry Creek, priority 1952 Supplemental Irriga7on None Total of 22.6 ac primary irriga7on on TL800 Where I state “approx” indicates that the tax lot covers less land than the en7re QQ and thus I es7mated WR acreage in those QQs. Addi7onally, there are some discrepancies in the remaining right cer7ficate map and the actual cer7ficated acreage. But this gives a good idea +/- a few acres. Take care, Sam Disclaimer: This listing is the result of a manual search of the records of the Watermaster's Plat Cards and the WRIS database. The listing has not been field checked. That a right is of record is no guarantee that is has not been abandoned under the conditions of ORS 540.610. The plat card records are listed by the 40.0 acre quarter-quarter within a section. Only a survey could accurately depict exact acreage of water rights at the tax lot level.
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Crook County Code Title 18 ZONING1
Page 43 of 313
Chapter 18.20 EXCLUSIVE FARM USE ZONE, EFU-2 (PRINEVILLE VALLEY-LONE PINE AREAS) Sections: 18.20.005
Regulations designated.
18.20.010
Uses permitted outright.
18.20.020
Conditional uses permitted.
18.20.025
Commercial and noncommercial energy criteria.
18.20.030
Goal 5 conditional mining uses subject to planning commission review.
18.20.040
Limitations on conditional uses.
18.20.050
Use limitations.
18.20.060
Farm dwelling.
18.20.070
Land divisions.
18.20.080
Limitations on nonfarm residential uses.
18.20.081
Wildlife policy applicability.
18.20.090
Dimensional standards.
18.20.100
Yards.
18.20.110
Signs.
18.20.120
Special nonfarm parcel criteria.
18.20.130
Parcel size exception.
18.20.005 Regulations designated. In an EFU-2 zone, the following regulations shall apply. In addition, provisions of Chapter 18.124 CCC (Supplementary Provisions) may apply. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020, 2003) 18.20.010 Uses permitted outright. In an EFU-2 zone, the following uses and accessory uses thereof are permitted outright: any use authorized by ORS 215.283(1), in conjunction with any other applicable provisions in this chapter. (Ord. 280 § 4 (Exh. D), 2015; Ord. 231 § 1 (Exh. A), 2010; Ord. 190 § 2, 2007; Ord. 18 § 3.020(1), 2003) 18.20.020 Conditional uses permitted.
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
Crook County Code Title 18 ZONING1
Page 44 of 313
In an EFU-2 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of Chapter 18.160 CCC and in conjunction with any other applicable provisions of this chapter: any use authorized by ORS 215.283(2), (3) and (4). (Ord. 280 § 4 (Exh. D), 2015; Ord. 231 § 1 (Exh. A), 2010; Ord. 18 § 3.020(2), 2003) 18.20.025 Commercial and noncommercial energy criteria. In addition to the uses permitted under CCC 18.20.010 and 18.20.020, noncommercial and commercial wind and photovoltaic energy systems are permitted in the zone to the extent they are consistent with current state law and the applicable criteria in Chapters 18.160, 18.161 and 18.162 CCC. (Ord. 280 § 4 (Exh. D), 2015; Ord. 245 § 1, 2011; Ord. 229 § 1 (Exh. A), 2010) 18.20.030 Goal 5 conditional mining uses subject to planning commission review. See uses and procedures described in Chapter 18.144 CCC. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020(3), 2003) 18.20.040 Limitations on conditional uses. In addition to the general standards and conditions that may be attached to the approval of a conditional use as provided by Chapter 18.160 CCC, the following limitations shall apply to a conditional use permitted in CCC 18.20.020. A use allowed under CCC 18.20.020 may be approved where the county finds that the use will not: (1) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or (2) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. An applicant for a use allowed under CCC 18.20.020 may demonstrate that the standards under subsections (1) and (2) of this section will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020(4), 2003) 18.20.050 Use limitations. No conflicting use shall be allowed in any Goal 5 mining impact area designated in the comprehensive plan without first obtaining approval under the standards and criteria set forth in this section. (1) Review and Approval Criteria. An application for review shall be required for a conflicting use in an impact area prior to commencement of construction of the use. The approving authority shall review and approve the application provided: (a) The proposed use is consistent with the ESEE analysis in the comprehensive plan; and
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
Crook County Code Title 18 ZONING1
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(b) The proposed use will not prevent the adjacent aggregate operator from meeting the standards and conditions set forth in Chapter 18.144 CCC. (2) Waiver of Remonstrance. The applicant for site plan approval of a conflicting use in the Goal 5 mining impact area shall sign and record in the Crook County real property records, in a manner acceptable to the Crook County clerk, a statement declaring that the applicant and his or her successors will not now or in the future complain about the allowed surface mining activities on the adjacent surface mining site. (3) Development Agreement and Performance Bond. As a condition of approval, the applicant will be required to execute a development agreement with the county and to provide security approved by the county to ensure full and faithful performance of any required improvements. The agreement and security will be in accordance with CCC 17.40.080 and 17.40.090. (Ord. 296 ยง 6 (Exh. D), 2016; Ord. 280 ยง 4 (Exh. D), 2015; Ord. 18 ยง 3.020(5), 2003) 18.20.060 Farm dwelling. The resource dwellings identified in CCC 18.20.010 and 18.20.020 may be approved for a commercial farm or ranch based upon the following: (1) The size of the entire resource unit including all contiguous land in the same ownership; the types of farm crops and acreage for each type; operational requirements for the particular farm activity; the number of other permanent or temporary dwellings on or serving the entire farm or ranch unit (permanent or seasonal); the extent and nature of the work to be performed by occupants of the proposed dwelling. (2) The dwelling will be situated on a parcel currently employed for farm use as defined in ORS 215.203. Land is not in farm use unless the day-to-day activities on the subject land are principally directed to the farm use of the land consistent with accepted farming practices. (3) Notice of the proposed administrative approval of a dwelling in conjunction with farm use as provided for in CCC 18.20.010 shall be mailed to adjoining property owners. Within 10 days following notice to adjoining property owners, the application shall be considered for approval by the planning director. An objection by an adjoining property owner shall result in a review of the application by the planning commission as a conditional use permit. (4) Farm Hand or Secondary Resource Dwelling. When determining whether a proposed farm hand or secondary dwelling may be provided, the farm owner or operator shall demonstrate that an occupant of the proposed dwelling is required to assist in the commercial farm or ranch operation. (5) Commercial Resource Determination. When determining whether an existing or proposed parcel is a commercial farm or ranch unit, the standards of the section shall be met and the following factors shall be considered: soil productivity; drainage; terrain, special soil and land conditions; availability of water; type and acreage of crops grown; crop yields; number and type of livestock;
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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processing and marketing practices; and the amount of land needed to constitute a commercial agricultural enterprise as defined in CCC 18.08.030. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020(6), 2003) 18.20.070 Land divisions. Divisions of land shall be only allowed when consistent with the requirements of CCC 18.20.090, and the following: (1) Farm Parcels. Division of land for farm parcels shall be appropriate for the continuation of the existing commercial agricultural operations in the area, but shall not be less than the minimum parcel size established in ORS 215.780 and CCC 18.20.090. (2) Nonfarm Parcels. Division of land for nonfarm parcels shall comply with the following requirements including CCC 18.20.080: (a) Nonfarm dwellings have been approved for the proposed parcels pursuant to CCC 18.20.020; (b) The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully created prior to July 1, 2001; (c) Two nonfarm parcels may be created as long as the remainder of the original parcel meets or exceeds the minimum standards established by CCC 18.20.090; (d) For those existing parcels that are below minimum size established by CCC 18.20.090, but are greater than 40 acres, compliance with CCC 18.20.120 is required. (3) Minimum lot size shall be 320 acres within the elk wintering range as designated in the county’s comprehensive plan, Goal 5 element. Minimum lot size for critical deer winter range shall be 160 acres, as designated by the county’s comprehensive plan, Goal 5 element. Minimum lot size for general winter range shall be 80 acres. (4) A land division for a nonfarm dwelling may be approved only if the nonfarm dwelling has first been approved under CCC 18.20.020. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020(7), 2003) 18.20.080 Limitations on nonfarm residential uses. The county may approve a nonfarm residential dwelling upon a finding that the proposed dwelling: (1) Accepted Farm or Forest Practices. Will not seriously interfere with or force a significant change in accepted farm or forest practices, as defined in ORS 215.203(2)(C), on nearby or adjacent lands devoted to farm or forest use, including but not limited to increasing the costs of accepted farm or forest practices on nearby lands devoted to farm use. (2) Land Use Pattern. The dwelling will not materially alter the stability of the overall land use
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the county shall consider the cumulative impacts of new nonfarm dwellings on other lots or parcels in the area. If the application involves the creation of a new parcel for the nonfarm dwelling, the county shall consider whether creation of the parcel will lead to the creation of other nonfarm parcels, to the detriment of agriculture in the nonfarm parcels, or to the detriment of agriculture in the area. To address this standard, the applicant shall: (a) Identify a study area representative of the surrounding agricultural area including adjacent and nearby land zoned for exclusive farm use. Nearby lands zoned for rural residential or other urban or nonresource uses shall not be included; (b) Identify the types and sizes of all farm and nonfarm uses and the stability of the existing land use pattern within the identified study area; and (c) Explain how the introduction of the proposed nonfarm dwelling will not materially alter the stability of the land use pattern in the identified study area. The applicant’s evidence must be sufficient to enable the county to make findings on these as well as other applicable requirements. (3) Unsuitability for Agriculture. (a) The dwelling is situated upon a lot or parcel, or a portion of a lot or parcel, that is generally unsuitable land for the production of farm crops and livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. A lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm use in conjunction with other land. A lot or parcel is not generally unsuitable simply because it is too small to be farmed profitably by itself. If a lot or parcel can be sold, leased, rented or otherwise managed as a part of a commercial farm or ranch, it is not generally unsuitable. A lot or parcel is presumed to be suitable if it is composed predominantly of Class I – VI soils. The existence of a condition or circumstance which renders a lot or parcel unsuitable for particular farm use is not sufficient to find unsuitability if the lot or parcel is suitable for another farm use. (b) If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the forest practices rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel. If a lot or parcel is under forest assessment, the area is not generally unsuitable simply because it is too small to be managed for forest production profitably by itself. If a lot or parcel is under forest assessment, it is presumed suitable if it is composed predominantly of soils capable of producing 20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be found compatible
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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and not seriously interfere with forest uses or surrounding land it must not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding land. (4) Other Conditions Deemed Necessary. Complies with such other conditions as the county considers necessary. (5) Creation of Lot. The dwelling will be sited on a lot or parcel created before January 1, 1993, or on a lot or parcel created after January 1, 1993, pursuant to CCC 18.20.070(4). (6) Disqualification from Farm Deferral. Prior to final approval of a building permit for a use governed by this section, the entire lot or parcel upon which the nonfarm dwelling will be located must be disqualified for farm assessments pursuant to ORS 215.236. (Ord. 280 § 4 (Exh. D), 2015; Ord. 231 § 1 (Exh. A), 2010; Ord. 18 § 3.020(8), 2003) 18.20.081 Wildlife policy applicability. All new nonfarm dwellings on existing parcels within the deer and elk winter ranges must meet the residential density limitations found in Wildlife Policy 2 of the Crook County comprehensive plan. Compliance with the residential density limitations may be demonstrated by calculating a one-mile radius (or 2,000-acre) study area. An applicant may use a different study area size or shape to demonstrate compliance with Wildlife Policy 2 provided the methodology and size of the study area are explained and are found to be consistent with the purpose of Crook County comprehensive plan Wildlife Policy 2. (Ord. 280 § 4 (Exh. D), 2015; Ord. 236 § 1 (Exh. A), 2010) 18.20.090 Dimensional standards. In an EFU-2 zone, the following dimensional standards shall apply: (1) The lot or parcel of 80 acres or more shall be considered a farm unit. (2) The minimum lot area for all nonfarm uses listed under CCC 18.20.020 (except dwellings) shall not be larger than the minimum necessary for the use. (3) A land division for a nonfarm dwelling may be approved only if the nonfarm dwelling has first been approved under CCC 18.20.040. (Ord. 280 § 4 (Exh. D), 2015; Ord. 173 §§ 1, 2, 3, 2006; Ord. 18 § 3.020(9), 2003) 18.20.100 Yards. In an EFU-2 zone, the minimum yard setback requirements shall be as follows: (1) In an exclusive farm use zone (EFU) the minimum setback of a residence or habitable structure from a property line shall be 100 feet. If a parcel in the EFU zone is nonbuildable as a result of the habitable structure setback requirements, the commission may consider a conditional application from the landowner to adjust
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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the setback requirements to make the parcel buildable. (2) The minimum setbacks for all accessory structures are: (a) Front yard setback shall be a minimum of 20 feet for property fronting on a local minor collector or marginal access street, 30 feet from a property line fronting on a major collector ROW, and 80 feet from an arterial ROW unless other provisions for combining accesses are provided and approved by the county. (b) Each side yard shall be a minimum of 20 feet, except on corner lots or parcels where the side yard on the street side shall be a minimum of 30 feet. (c) Rear yards shall be a minimum of 25 feet. (Ord. 280 ยง 4 (Exh. D), 2015; Ord. 18 ยง 3.020(10), 2003) 18.20.110 Signs. In an EFU-2 zone, the following signs are permitted: One sign not more than 32 square feet in area, not illuminated, and located at least 10 feet from a property line. (Ord. 280 ยง 4 (Exh. D), 2015; Ord. 18 ยง 3.020(11), 2003) 18.20.120 Special nonfarm parcel criteria. Standards for land divisions for parcels equal to or below minimum size as established by ORS 215.780. (1) A parcel may be divided into two nonfarm parcels each to contain one dwelling not in conjunction with farm use upon a finding that: (a) Nonfarm dwellings have been approved pursuant to CCC 18.20.080; (b) Parcel was lawfully created prior to July 1, 2001; (c) The original parcel size is larger than 40 acres; (d) Parcels are not capable of producing at least 20 cubic feet per acre of wood fiber; (e) There are not any established water rights for irrigation; and (f) Composed of 90 percent Class VII and VIII soils; or composed of 90 percent Class VI through VIII soils and complying with subsection (2) of this section. (2) Parcels identified in subsection (1)(f) of this section must also demonstrate that the sites are not capable of producing adequate herbaceous forage for grazing livestock. These findings shall include the following: (a) Whether the parcel is in open range or a livestock district.
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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(a) Whether the parcel is in open range or a livestock district. (b) Whether the parcel is currently fenced. (c) Whether livestock water is available. (d) The size of the parcel. (e) AUM’s (animal unit month) availability determined by on-site study by qualified independent party such as a Crook County soil and water conservation representative or USDA Natural Resources Conservation Representative, or in the private sector, a range consultant or professional in rangeland management certified by the Society of Range Management. The study shall use accepted practices in the identification of herbaceous forage, using best management practices in determining the parcel’s capability for herbaceous forage production. The study shall include the total pounds for current year dry matter herbaceous forage on site. (f) Each site shall have no more than 13,000 pounds current year dry matter herbaceous forage. (3) Parcels approved pursuant to subsections (1) and (2) of this section shall have the following conditions imposed to minimize any impacts to adjacent farming practices: (a) A conservation plan to be submitted prior to issuance of building permit for a nonfarm dwelling addressing animal management, weed control, juniper/fire issues, and erosion control measures if located on sloped land. (b) Nonfarm parcels are to be removed from farm deferral, if on program, prior to final plat approval and recording. (c) Letter of nonremonstrance agreeing not to object to accepted farm practices in the area. The letter shall be signed and recorded in the Crook County real property records in a manner acceptable to the Crook County clerk. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020(12), 2003) 18.20.130 Parcel size exception. Whereas land sections in the area of the county subject to this section are commonly affected by survey adjustments, requirements relative to farm or lot sizes shall be considered as standard metes and bounds land section divisions, i.e., 160, 80, 40, 20, etc. Therefore, lot sizes may be reduced by up to five percent due to a survey adjustment or other manmade barriers such as roads or major canals over which the applicant has had no control. (Ord. 280 § 4 (Exh. D), 2015; Ord. 18 § 3.020(13), 2003)
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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Chapter 18.44 RECREATION RESIDENTIAL ZONE, RR-1 AND RR-5 Sections: 18.44.005
Regulations designated.
18.44.010
Uses permitted outright.
18.44.020
Conditional uses permitted.
18.44.030
Yard and setback requirements.
18.44.040
Dimensional standards.
18.44.050
Signs.
18.44.060
Off-street parking and loading.
18.44.070
Limitations on livestock.
18.44.080
Lot size.
18.44.090
Limitations of conditional uses.
18.44.100
Wildlife policy applicability.
18.44.005 Regulations designated. In an RR-1/RR-5 zone, the following regulations shall apply. (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080, 2003) 18.44.010 Uses permitted outright. In an RR-1/RR-5 zone, the following uses and their accessory uses are permitted outright: (1) Single-family dwelling, including a manufactured dwelling on an individual lot in compliance with CCC 18.132.040. (2) Subdivision or land partitioning for residential purpose, excluding a mobile home subdivision. (3) Planned unit development, excluding a PUD with mobile homes. (4) Residential homes. (5) Noncommercial wind energy systems and meteorological towers that meet the requirements of CCC 18.162.010. (6) Noncommercial photovoltaic energy systems that meet the requirements of CCC 18.162.020. (Ord. 280 § 9 (Exh. I), 2015; Ord. 245 § 1, 2011; Ord. 229 § 1 (Exh. A), 2010; Ord. 18 § 3.080(1),
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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2003) 18.44.020 Conditional uses permitted. In an RR-1/RR-5 zone, the following uses and their accessory uses may be permitted subject to the provisions of Chapter 18.160 CCC: (1) Mobile home subdivision or PUD with mobile homes. (2) Mobile home as a single-family dwelling on an individual lot not permitted by CCC 18.44.010(1), subject to the requirements set forth in CCC 18.132.050. (3) Utility facility necessary to serve the area including energy facilities, water supply and treatment, sewage disposal and treatment and solid waste disposal. (4) Public park, playground, recreation facility or community center owned and operated by a governmental agency or nonprofit community organization. (5) Private or commercial recreation facility including golf course, park, playground, campground or other uses designated to serve recreational needs of the area. (6) Recreation-oriented retail trade establishment including tourists’/travelers’ accommodations, specialty or gift shops, grocery or sporting goods store. (7) Automobile service station or marina. (8) Mobile home park or travel trailer overnight campground. (9) Home occupations carried on by the residents as an accessory use within their dwelling, a garage or other buildings permitted in the zone. (10) Noncommercial wind energy systems and meteorological towers that do not meet the requirements of CCC 18.162.010 are subject to any additional standards of the zone and Chapter 18.160 CCC. (11) Noncommercial photovoltaic energy systems that do not meet the requirements of CCC 18.162.020 are subject to any additional standards of the zone and Chapter 18.160 CCC. (Ord. 280 § 9 (Exh. I), 2015; Ord. 245 § 1, 2011; Ord. 229 § 1 (Exh. A), 2010; Ord. 18 § 3.080(2), 2003) 18.44.030 Yard and setback requirements. In an RR-1/RR-5 zone, the following yards and setbacks shall be maintained: (1) The front setback shall be a minimum of 20 feet from a property line fronting on a local minor collector or marginal access street ROW, 30 feet from a property line fronting on a major collector ROW, and 80 feet from an arterial ROW unless other provisions from combining accesses are provided and approved by the county.
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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(2) There shall be a minimum side yard of 10 feet for all uses, except in the case of a nonresidential use adjacent to a residential use, the minimum side yard shall be 20 feet. (3) The minimum rear yard shall be 20 feet. (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080(3), 2003) 18.44.040 Dimensional standards. In an RR-1/RR-5 zone, the following dimensional standards shall apply: (1) Percent of Lot Coverage. The main building and accessory buildings located on any building site or lot shall not cover in excess of 30 percent of the total lot area. (2) Building Height. No building or structure, nor the enlargement of any building or structure, shall be hereafter erected to exceed two stories or more than 30 feet in height. (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080(4), 2003) 18.44.050 Signs. In an RR-1/RR-5 zone, the following signs are permitted: (1) Any sign, provided the aggregate of the signs does not exceed an area equal to one square foot of sign face for each foot of lot frontage or 100 square feet of sign face, whichever is the least, and the sign is not in or extending over a street ROW. (2) Signs may be illuminated but shall not be intermittently flashing. (3) Signs shall not be placed (post or overhang) or projected into an existing or ultimate street rightof-way. (4) Signs shall be oriented in a manner not to cast direct light on adjacent or nearby residential dwellings. (5) The specific types, sizes, design and number of permitted commercial signs shall conform to the general provisions governing signs found in CCC 18.124.040. (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080(5), 2003) 18.44.060 Off-street parking and loading. In an RR-1/RR-5 zone, off-street parking and loading shall be provided in accordance with the provisions of Chapter 18.128 CCC. (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080(6), 2003) 18.44.070 Limitations on livestock. The following limitations on livestock shall apply in an RR-1/RR-5 zone: (1) Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) allowed on a lot shall be limited to the square footage of the lot divided by the minimum area
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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required for each animal as listed below: Horses – 20,000 square feet of area for each adult animal. Cows – 20,000 square feet of area for each adult animal. Goats – 20,000 square feet of area for each adult animal. Sheep – 20,000 square feet of area for each adult animal. (2) The number of chickens, fowl and/or rabbits (over the age of six months) shall not exceed one for each 500 square feet of property. The number of young under the age of six months allowed on the property at any time shall not exceed three times the allowable number of adult animals. (3) All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot, and at all times shall be confined to the respective owner’s property. (4) Hogs and mink are prohibited. (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080(7), 2003) 18.44.080 Lot size. In an RR-1/RR-5 zone, the following lot sizes shall apply: (1) The minimum lot size for a new parcel north of the State Highway No. 126 shall be five acres in size (RR-5). (2) The minimum lot size for a new parcel south of State Highway No. 126 shall be one acre (RR1). (Ord. 280 § 9 (Exh. I), 2015; Ord. 18 § 3.080(8), 2003) 18.44.090 Limitations of conditional uses. In addition to the standards and conditions that may be attached to the approval of conditional uses as provided by Chapter 18.160 CCC, the following limitations shall apply to conditional uses in an RR-1/RR-5 zone: (1) An application for a conditional use in an RR-1/RR-5 zone may be denied if, in the opinion of the planning commission, the proposed use is not related to or sufficiently dependent upon the recreational resource of the area. (2) An application for a conditional use in an RR-1/RR-5 zone may be denied if the applicant fails to demonstrate that a location in close proximity to the recreation resource to be served is essential to the public interest and to the full development of the recreation resource. (3) The planning commission may require establishment and maintenance of fire breaks, the use of fire-resistant materials in construction and landscaping, or may attach other similar conditions or limitations that will serve to reduce fire hazards or prevent the spread of fire to surrounding areas.
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.
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(4) The planning commission may limit changes in the natural grade of land, or the alteration, removal or destruction of natural vegetation in order to prevent or minimize erosion or pollution. (5) Compliance with the comprehensive plan shall be required for the approval of any application for a conditional use in an RR-1/RR-5 zone. (6) An application for a mobile home pursuant to CCC 18.44.020(2) can only be approved by unanimous vote of the commission, or by the simple majority vote by the county court on appeal in the event that 66-2/3 percent, or more, of the property owners within 250 feet of the property in question object in writing, before the close of the public hearing, to the granting of the conditional use. (Ord. 280 ยง 9 (Exh. I), 2015; Ord. 18 ยง 3.080(9), 2003) 18.44.100 Wildlife policy applicability. The residential density limitations and the lot and parcel size limitations found in Wildlife Policy 2 of the Crook County comprehensive plan do not apply to any nonresource zones. (Ord. 280 ยง 9 (Exh. I), 2015; Ord. 236 ยง 1 (Exh. A), 2010)
The Crook County Code is current through Ordinance 283 (Amd. 1), passed March 16, 2017.