Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . Icd.state.or.us 
NOTICE OF ADOPTED AMENDMENT 
04/19/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: Yamhill County Plan Amendment 
DLCD File Number 003-09 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Monday, May 02, 2011 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day 
notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings 
leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of 
Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Ken Friday, Yamhill County 
Jon Jinings, DLCD Community Services Specialist 
Gloria Gardiner, DLCD Urban Planning Specialist 
Steve Oulman, DLCD Regional Representative 
<paa> Y 
H] In person Q electronic Hj mailed 
• - • r o h 
* 0 l g 2{)11 
1,1 "• QEVELOPtlfif ' 
fyl 
For OfTioe Use Only 
Jurisdiction: Yamhill County Local f ie number: PA-01-Q9 
Date of Adoption: 3/31/11 Date Mailed: 4/8/11 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? X Yes • No Date: 5/8/09 
G Comprehensive Plan Text Amendment X Comprehensive Plan Map Amendment 
O Land Use Regulation Amendment • Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached'. 
T h e addition of 24 acres to the Urban Growth Boundary tor the city of Amity, 
jgfl E 2 DLCD 
Notice of Adoption 
Thi.> Forni 2 must L>e mailed t.o DLCD within 5-Workine Days after the Final 
Ordinance is signed by the public Official Designated by the jgHsdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
Does the Adoption differ from proposal? Please select one 
Yes, the adoption is tor 24 acres and the proposal was for 44 acres. 
Plan Map Changed from; to: Future Urbanizable 
Z on e M ap Ch anged from: to: 
Location: north and east of the city of Amity Acres Involved: 24 
Specify Density: Previous: New: 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 S 9 10 II 12 13 14 15 16 17 18 19 • • • • • • • • • • • • • • • • • D O 
Was an Exception Adopted? • YES X NO 
Did DLCD receive a Notice of Proposed Amendment. .. 
45-days prior to first evidentiary hearing? X Yes No 
If no, do the statewide planning goals apply? • Yes • No 
If nor did Emergency Circumstances require immediate adoption? L Yes • No 
0 0 3 - 0 9 (17571) [16603] 
OLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts; 
City pf Amity 
Local Contact: Stephanie Armstrong 
Address: 525 NE 4lh St. 
Phone: (503) 434-75H Extension: 3635 
Fax Number: 503-434-7544 
E-mail Address: arms(rDngs@co.yamhiILor.us City: McMinnville Zip: 97128 
the eytj ic official designated by the turisdicliun to sign the approved ordinajieefsj 
per ORS 197.615 and OAR Chapter 660. Division ? S 
1. This Form 2 must be sub mi tied by local jurisdictions only {not by applicant). 
2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green 
pa pe r if ava i!a b 1c. 
3. Send this Form 2 and one cumplete paper copy fdocumems and maps) oflhe adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption m u s L include the final signed ordinance(s), all supporting finding(s). 
exhibit(s) and any other supplementary information {ORS 197,61 5 )• 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by EJLCD 
of the adoption fORS 197.B30to 197M5 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 
7. Submit one complete paper copy via United Stales Postal Service. Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp. 
Please mail the adopted amendment packet to: 
9. Need More Copies? Please print forms on -1/2x11 green paper only if available. If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x.238 or e-mail plan.amend ments(5.sta te.or.us. 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON y73(H-254U 
h i tu: // w w w. o rego n - go v/ LC D/ fo rm s. s htm i Updated March 17,2011 
BEFORE THE BOARD OF COMMISSIONERS OF THE STATE OF OREGON 
FOR THE COUNTY OF YAMHILL 
SITTING FOR THE TRANSACTION OF COUNTY BUSINESS 
In the Matter of Amending 'the Amity Urban Growth Boundary 
(UGB) to take in approximately 24 acres into the Amity UGB, 
Applicant the city of Amity, Planning Docket PA-01-09, 
and Declaring an Emergency 
) 
) Ordinance 864 
) 
) 
THE BOARD OF COMMISSIONERS OF YAMHILL COUNTY, OREGON (the Board) 
sat for the transaction of county business on March 31,2011, Commissioners Mary P. Stem, Leslie 
Lewis and Kathy George being present. 
IT APPEARING TO THE BOARD "that the city of Amity submitted an application to 
amend the Urban Growth Boundary to take in approximately 24 acres into the Amity UGB, and 
IT APPEARING TO THE BOARD that the matter was heard at a duly noticed Amity 
Urban Area Management Commission public hearing on December 13, 2010, and the Amity city 
council approved it on January 5, 2011. The Board of Commissioners head this matter at a duly 
noticed public hearing on March 10, 2011, and voted to approve it. NOW, THEREFORE, 
IT IS HEREBY ORDAINED BY THE BOARD, that the application is approved as 
detailed in Exhibit "A," the Findings for Approval, hereby incorporated into this Ordinance by this 
reference. This ordinance, being necessary for the health, safety, and welfare of the citizens of 
Yamhill County, and an emergency having been declared to exist, is effective immediately. A map 
is appended as Exhibit "B". 
DONE this 31st day of March, 2011, at McMinnville, Oregon. 
ATTEST: OF COMMISSIONERS 
DOLL 
LESLIE LEWIS 
APPROVED AS TO FORM: 
t u d ^ 
Commissi^n^t KATHY GEORGE 
Rick Sanai, County Counsel 
B.6. U 
DOCKET NO.: PA-01-09 
REQUEST: To amend the Urban Growth Boundary (UGB) to take in approximately 24 
acres into the Amity UGB. Approval of the request would allow eventual inclusion of the property 
into the city limits. ~ 
APPLICANT: City of Amity 
TAX LOT: See map attached as Exhibit "B" 
LOCATION: The majority of the area is north of "the Amity city limits with, a small' area 
on the eastern boundary. 
CRITERIA: Yamhill County Comprehensive Plan Goals and Policies, Amity Urban 
Area Management Agreement, Statewide Planning Goals, Oregon Revised Statute 197.298 and the 
Oregon Administrative Rules, including OAR 660-012 and 660-024. 
FINDINGS: 
A. Background Facts: 
1. Site Characteristics'. A detailed analysis of the areas for inclusion are found on pages 29-32 
of the application narrative dated September 23, 2010 and are incorporated here by reference. The 
24 acres proposed for inclusion in the Amity urban growth boundary (UGB) will be referred to as 
the "subj ect sites." 
2. Water and sewer: City of Amity. 
3. Surrounding Land Use and Zoning: The areas in the County surrounding "the subject sites 
proposed for inclusion into the UGB are zoned EF, Exclusive Farm use and AF-20, 
Agriculture/Forestry. These areas are a mixture of farm and forest uses. 
4. Fire Protection: Amity Rural Fire District. 
5. Soils: See "Appendix E" titled Soils Capability Classes within Evaluated Areas included in 
the application, incorporated herein by 'this reference. 
6. Flood Hazard Overlay: Approximately 6.33 acres of the area west of the railroad tracks 
and north of 1st Street (Tax Lots 5420CA-801,1100 and 1200) is in the Flood Hazard Overlay, 
FIRM 41071C0602D. See "Appendix F" of the application. The Department of Land Conservation 
and Development has recommended not including this area in the UGB due to the steep slopes, 
riparian corridors, floodplain and floodway. 
7. , Coordinated Population Projection: ORS 195.036 requires the County to establish and 
maintain a population forecast for use in maintaining and updating comprehensive plans, and to 
coordinate the forecast with each of the cities in the County. Statewide Planning Goal 14 requires 
a 20-year population forecast for UGB amendments. Both the city and the County are proposing to 
Amity UGB Amendment - Ordinance 864 
Page 3 
adopt the safe harbor population forecast to the year 2030 for the city of Amity concurrent with the 
adoption of the UGB amendment. The application states the population forecast for the city of 
Amity in 2030 will be 2,481. The population projection is discussed further in Section 2.0 of the 
application. The city of Amity would like to adopt 2,481 as the coordinated population projection 
for 2030 as part of this application and the County has no objections to adopting this number. 
8. Procedure: The original application, which was to add 44 acres, has since been modified after 
the city met with 1000 Friends of Oregon. This meeting resulted in the city amending their application 
to remove a 20 acre portion south of Rice Lane, which is zoned EF-80 and is prime farmland. The 
application was reviewed and recommended for approval at the December 13,2010 Amity Urban Area 
Management Commission hearing and then the city council approved it on January 5, 2011. 
B. Urban Area Growth Management Agreement Provisions 
1. Criteria addressed in this UGB amendment includes the Amity Urban Area Growth 
Management Agreement, the statewide planning goals, and the city and County Comprehensive 
Plans. These review standards are detailed in Section 5.2 of'the application submitted by the city. 
Consideration of "the Yamhill County Goals and Policies will be discussed further below. Even 
though the majority of the Yamhill County Goals and Policies are aspirational and are not to be 
mistaken for, or treated as, approval criteria, it is important that "they be considered. It is a fact that 
some of the goals and policies conflict with one ano ther. They are simply to be used as a guide to 
aid decision makers. For example, where goals or policies conflict 'the decision makers need to 
weigh the evidence and decide which goal or policy the request satisfies. Therefore, in each case, 
the AUAMC decided whether the subject site and exclusion site were more appropriate to be 
preserved as farm land or it is better suited for orderly urban development. The following goals 
and policies are part of this determination. 
2. The Yamhill County Comprehensive Plan, Section I.A., Goal 1, directs the County: 
To encourage the containment of growth within existing urban centers, 
provide for the orderly, staged, diversified and compatible 
development of all of the cities of Yamhill County, and assure an 
efficient transition from rural to urban land use. 
and, Section II, Goal 1, states: 
To conserve Yamhill County's farm land for the production of crops and 
livestock and to ensure that the conversion of farm land to urban 
use where necessary and appropriate occurs in an orderly and 
economical manner. 
To assure there is an efficient transition from rural to urban land uses the Board finds there has 
been a demonstration of the need for additional urban land, and a detennination of the most 
suitable location for land of that identified need. Based on the city's currently available housing 
and the projected population forecast, the city determined the need for future residential land to 
be included in the city's UGB. The city identifies an estimated 52 gross acres of residential land 
and public infrastructure to meet the housing needs of the community by the year 2030. With 28 
acres available within the UGB the city has a need to expand the UGB by 24 gross acres. After 
identifying the need, the next step is to evaluate the best locations/alternatives for locating the 
use. The first alternative is to look inside the existing UGB. If land is not available, the next 
step is to look at land outside of the UGB and to go through the priority list of lands available for 
expansion. 
The majority of the property that will be taken into the UGB has historically been in farm use. 
The report submitted by the applicant shows two other alternative locations that were 
considered for expansion of the UGB but were excluded. The alternatives had attributes 
that made them not as suitable for inclusion in the UGB. The first site, which is located 
south of Ash Swale and is currently in a rural residential zone, was excluded due to the 
inability of the city, for economic purposes, to efficiently serve this area with public 
facilities during the 20-year planning period. A report is included from the city engineer 
shows that this area is not serviceable and would require extensive upgrades of over one-
million dollars to the city's infrastructure. This site does exhibit soils that are considered 
high-value, however, these parcels are within an exception area and are not protected by 
Goal 3 and would be considered a priority for inclusion into the UGB, however, due to 
the economic factors related to including this area, it is not practicable. The second site, 
which is currently zoned EF-80, was excluded because of "the severe building limitations 
identified on the majority of the parcels" combined with the fact that the soil on the 
properties are Class n and 12. The application goes through this analysis in further detail. 
Based on substantial evidence in the record, the Board finds that the UGB amendment is 
necessary and the subject sites are the best location compared with the other alternatives. 
Based on the evidence in the record, the request would be an efficient transition from 
rural to urban use. 
The Yamhill County Comprehensive Plan, Section H, Goal 2, Policy a. states: 
Yamhill County will continue to preserve those areas for farm use which exhibit Class I 
through IV soils as identified in the Capability Classification System of the U.S. 
Soil Conservation Service. 
As noted above, 'the Board finds that the addition of the subject sites will provide 'the best 
opportunity for orderly development of property by providing needed area for urban 
expansion adjacent to the city, where services are available or can be readily extended and 
avoiding, to the maximum extent possible, those properties zoned for farm and/or forest 
use which exhibit Class I through IV soils. Based on the findings provided in the 
application, it appears 'the city made every effort to ensure minimal loss of higher class 
soils. 
Amity UGB - Ordinance 864 
Page 5 
4. The Yamhill County Comprehensive Plan, Section I. E, Goal 1, Housing directs the County: 
To assure the provisions of safe, sanitary and decent housing for all residents of the 
county at a reasonable cost. 
The Board fmds this UGB expansion will provide additional housing opportunities for citizens 
of the community and encourage establishment of housing within an urban area, thereby, 
minimizing the impact on property designated as resource land. 
CONCLUSIONS: 
1. The request is to amend the Amity Urban Growth Boundary (UGB) to add approximately 24 
acres of land for residential use. 
2. The applicant has demonstrated that the request satisfies the Yamhill County Comprehensive 
Plan goals and policies. 
DECISION: 
The Board finds that the city of Amity's proposed UGB amendment is consistent with the comprehensive 
plan. Based on the evidence in the record, the Board approves "the request, and finds it will be an 
efficient transition from rural to urban use. 
SiAAJ 
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This map was produced using the Yamhill County GIS data. The GIS data is 
maintained by the county to support its governmental activities. The 
county is not reponsiblefor map errors, omissions, misuse or misinterpretation. 1 in. = 900 ft. 
N i l 3/21/2011