Oregon Department of Land Conservation and Development 635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
(503)373-0050 
Fax (503) 378-5518 
www.lcd.state.or.us 
Theodore R. Kulongoski, Governor 
AMENDED NOTICE OF ADOPTED AMENDMENT 
August 29, 2007 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT: City of Cave Junction Plan Amendment 
DLCD File Number 005-07 
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: September 10, 2007 
This amendment was submitted to DLCD for review 45 days prior to adoption. 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 
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 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. 
Cc: Doug White, DLCD Community Services Specialist 
John Renz, DLCD Regional Representative 
Charles Polk, City of Cave Junction 
(LUBA). 
<paa> ya/ 
I I In person CH electronic Q] mailed 
£ 2 DLCD DEPTOF 
Notice of Adoption AUG 2 2 » 
THIS FORM MUST BE MAILED TO DLCD LAND CONSERVATION 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION AND DEVELOPMENT 
PER ORS 197.610, OAR CHAPTER 660-DIVISION 18 f " ' u 
Jurisdiction: City of Cave Junction Local file number: A-443-67 
Date of Adoption: 8/13/2007 Date Mailed: 8/20/2007 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Select oneDate: 5/31/2007 
• Comprehensive Plan Text Amendment £<] Comprehensive Plan Map Amendment 
• 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" 
Amend zoning map from RR-5 to SR for lot annexed into City of Cave Junction. 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: RR5 to: SR 
Zone Map Changed from: RR5 to: SR 
Location: 650 Caves Highway Acres Involved: 1 
Specify Density: Previous: 5 acre New: 7,000 sq ft 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES |E1 NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? Yes • No 
If no, do the statewide planning goals apply? • Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
DLCD file No. OPS-CD ( J L / ^ S ) 
- a 
ORDINANCE NO. 506-1 
com> 
AN ORDINANCE PROCLAIMING THE ANNEXATION OF A CERTAIN PROPERTY 
TO THE CITY OF CAVE JUNCTION, JOSEPHINE COUNTY, OREGON AND 
AMENDING ORDINANCE 242 REGARDING THE BOUNDARIES OF THE ZONING 
MAP OF THE CITY OF CAVE JUNCTION. 
THE CITY OF CAVE JUNCTION ORDAINS AS FOLLOWS: 
Section 1. That by Ordinance No. 506 adopted by the Common Council of the City of Cave 
Junction and approved by the Mayor of the City of Cave Junction on the 11th day of June, 2007, 
the Council provided that no election should be held within the corporate limits of the City of 
Cave Junction for the submission to the legal voters of said City, the question of whether or not 
the hereinafter described property should be annexed to the City of Cave Junction, but provided 
in lieu thereof, a hearing should be held at the approximate hour of 7:00 p.m. on the 23rd day of 
July, 2007 in the Council Chambers of City Hall, Cave Junction, Josephine County, Oregon, by 
the Common Council on the question of whether or not the hereinafter described real property 
should be annexed into the City of Cave Junction and said hearing was held at the said time and 
place as provided by Ordinance No. 506. 
Section 2. At the said public hearing on the 23rd day of July, 2007, the Common Council 
determined and does hereby determine that in its judgement, the real property hereinafter 
described should be annexed to the City of Cave Junction, Josephine County, Oregon, and that it 
is to the best interest of the City of Cave Junction, and the inhabitants thereof, that the said 
property should be annexed to the City of Cave Junction, Josephine County, Oregon, and that 
said property is located in Josephine County, Oregon, and is described as follows: 
Parcel: Assessor's Map: 39-08-22-CA 
Tax Lot: 2002 
Legal Description: The legal description of the parcel is attached as Exhibit "B" of this 
ordinance. 
Section 3. That in previous Ordinance No. 506, the submission of the question of said 
annexation to the registered voters by election was thereby dispensed with and it further 
appearing that there be no good reason or protest against said annexation and that the provisions 
of annexation under ORS 222.170 were complied with and the Common Council of the City of 
Cave Junction does hereby ordain that the above described property by annexed to the City of 
Cave Junction, Josephine County, Oregon, on the following terms and conditions: 
1. Property to be annexed as Single Family Residential (SR). 
2. Any and all charges incurred by the City for the annexation of the above described 
property shall be at the property owner's expense (advertising, recording, etc.). 
3. The address of said proper property shall be 650 Caves Hwy. 
This instrument filed for record as an accommodation 
only. It has not been examined as to Its 
uecutiofl or as to its effect upon the title, 
fiat American Title Co. 
3 
Ordinance 506-1 Page 2 
Section 4. The parcel of land identified as Assessor's Map 39-08-22-CA, Tax Lot 2002, is 
hereby rezoned from Josephine County Zone Rural Residential 5 (RR5) to City of Cave Junction 
Zone Single Family Residential (SR) and the City Zoning Map is hereby amended. 
Section 5. The map entitled "Zoning Map of Cave Junction" and identified as Exhibit "A" of 
Ordinance No. 242 is amended to include the above described property indicated in Exhibit "A" 
and more particularly identified in Exhibit "B" of this ordinance. 
PASSED by the Common Council of the City of Cave Junction this 13th day of August, 2007. 
SUBMITTED TO AND APPROVED by the Mayor of the City of Cave Junction this 14th day 
of Anmict ">f»f>7 
EXHIBIT "A" of Ordinance 506-1 
Parcel: Assessor's Map 39-08-22-CA Tax Lot 2002 
650 Caves Hwy 
EXHIBIT "B" of Ordinance 506-1 
Parcel: Assessor's Map: 39-08-22-CA Tax Lot: 2002 
Legal Description: A parcel of land situated in the Northeast Quarter of the Southwest Quarter of 
Section 22, Township 39 South, Range 8 West of the Willamette Meridian, Josephine County, 
Oregon, described as follows: 
Commencing at the Northwest corner of the Northeast Quarter of the Southwest Quarter 
of said Section22; thence East along the North line of said legal subdivision, 187 feet; 
thence South 0°03'40" East 450 feet to the Southwest corner of property described in 
Volume 246, Page 93, Josephine County Deed Records, the true point of beginning; 
thence South 89° 30' East 110 feet to the Southeast corner of said property described in 
Volume 246, Page 93, Josephine County Deed Records; thence South 0°03'40" East 406 
feet, more or less, to the North line of the Oregon Caves Highway; thence North 
68°43'40" West along said North line 125 feet, more or less, to a point which bears South 
0°03'40" East 381.58 feet from the true point of beginning; thence North 0°03*40" West 
381.58 feet to the true point of beginning. 
EXCEPTING THEREFROM the North 50 feet thereof. 
ALSO: A parcel of land in the Northeast Quarter of the Southwest Quarter of Section 22, 
Township 39 South, Range 8 West, of the Willamette Meridian, Josephine County, 
Oregon, more particularly described as follows: Commencing at the Northwest corner of 
the Northeast Quarter of the Southwest Quarter of said Section22; thence South 89°30' 
East 306.00 feet along the North line of the Northeast Quarter of the Southwest Quarter 
of said Section 22; thence South 0°03'40" East 450.00 feet to the true point of beginning; 
thence South 0°03'40" East 423.12 feet to an iron pipe on the northerly boundary of 
Oregon Caves Highway; thence South 68°44' East 15.03 feet along the Northerly 
boundary of Oregon Caves Highway; thence North 0°03'40" West 428.45 feet; thence 
North 89°30' West 14.00 feet to the true point of beginning. 
EXCEPTING THEREFROM the North 50 feet thereof. 
(!) 
JOSEPHINE COUNTY OFFICIAL RECORDS 
GEORGETTE BROWN, COUNTY CLERK 
$40.00 
" 08/15/2007 10:06:05 fill 
DEE-CIO Cnisl Stn=4 RECEIPTS 
$25.00 $11.00 $4.00 
/ i c c o m . 
Josephine County 
Clerk & Recorder's Office 
CERTIFICATE 
PAGE 
This page MUST be included 
if document is re-recorded. 
DO NOT remove from original document. 
(,,t f /; ('/>(•< . "A/i, - saw 
CITY OF CAVE JUNCTION 222 W. Lister St.. Cave Junction. OR 97523 (541) 592-2156 
July 16, 2007 
Date of Hearing: Monday, July 23 ,2007 @ 7:00 p.m. 
Application: Annexation Request by Robert D. Johnson-650 Caves Hwy (39-08-22-CA TL 2002) 
Prepared By: Dick Converse, Rogue Valley Council of Governments/Helen Early, Planning Clerk 
1.0 REQUEST 
An application and notarized consent to annex were submitted by Robert D. Johnson for property located at 650 
Caves Highway more particularly described as part of Assessor's Map 39-08-22-CA, Tax Lot 2002. Applicant 's 
reason for annexation is to partition the lot. 
2.0 APPROVAL CRITERIA 
2.1 City of Cave Junction and Josephine County Intergovernmental Agreement 
2.2 Oregon Revised Statutes ORS Chapter 222.005 - 222.183 
2.3 Cave Junction Municipal Code 17.60.040 "Zoning of Annexed Areas" 
2.4 City of Cave Junction Comprehensive Plan 
2.5 Illinois Valley Fire District - Uniform Fire Code 
2.6 City of Cave Junction Transportation System Plan 
2.7 State of Oregon Transportation Planning Rule. 
2.1 CRITERIA 
1. City of Cave Junction and Josephine County Intergovernmental Agreement 
"Annexations to the City of Cave Junction shall be approved only upon findings that urban level services can be 
provided Any and all water service made available to annexed property shall be done at the property owners expense, 
including all main charges and connection fees. Any and all streets installed on annexed property shall be at the 
complete expense of the property owner and shall meet all city specifications " 
2. Oregon Revised Statutes 222.111 
Authority and procedure for annexation. (1) When a proposal containing the terms of annexation is 
approved in the manner provided by the charter of the annexing city or by ORS 222. Ill to 222.180 or 
222.840 to 222.915, the boundaries of any city may be extended by the annexation of territory that is not 
within a city and that is contiguous to the city or separated from it only by a public right of way or a stream, 
bay, lake or other body of water. Such territory may lie either wholly or partially within or without the same 
county in which the city lies. 
3. City of Cave Junction Comprehensive Plan - Goal 14 Policies (approved by DLCD 11/20/011 
1. Land within the Urban Growth Boundary shall be available for annexation to the City as services 
can be economically provided; 
2. Before land is annexed to the City, the owner must demonstrate to the City that urban services are 
available to the property or that the owner will pay the costs of service extensions; 
3. The City limits of Cave Junction shall be contiguous; 
4. Islands of county property within the city limits shall be annexed into the City as rapidly as possible; 
5. Annexation of county property within the city limits shall be given top priority; 
6. A change in the Urban Growth Boundary shall constitute a major plan amendment; 
7. All land use actions on unincorporated lands within the Urban Growth Boundary shall be subject to 
the joint management agreement with Josephine County for planning coordination. This agreement 
is adopted into this plan. 
3.0 FINDINGS 
3.01 Current and Comprehensive Plan Zoning 
Tax Lot 2002 is currently zoned Rural Residential 5 (RR5) and is within the urban growth boundary. It is 
contiguous with Tax Lots 800, 900 and 904 to the north, which are located in the city, across Caves Highway, a 
public right of way. It is in the Comprehensive Plan to become Single Family Residential (SR). 
3.02 Existing Structure^) 
There are five structures on the property, which includes a single family residence built in 2006, two detached 
garages, and out buildings. All structures conform to city setbacks. 
3.03 Water 
Tax Lot 2002 has a well, and does not have city water services. Water services are available by extension of the 
main line at property owner's expense. There is a eight inch water main line at Caves Highway and N. Old Stage 
Rd., which is 1275 ft from the west boundary of the property. There is also a six inch water line at Frederick Court 
that is 970 ft from the west boundary of the property. Water extension would require tying into both lines in order 
to provide water circulation. The city's water system is adequate to provide service to the property. 
3.04 Sewer 
Tax Lot 2002 has a septic system and does not have city sewer services. City sewer service is available by 
extension of the main sanitary sewer line at property owner's expense. The nearest sewer line is at Frederick Ct., 
1000 ft from the west boundary of the property. The sewer system can accommodate the proposed annexation. 
3.05 Street and Access 
Access to subject property will be from Caves Highway, which is under the jurisdiction of the Oregon Department 
of Transportation. The driveway approach is paved 
3.06 Notice of Public Hearing 
On May 31, 2007 a copy of the Annexation Request, Owner Consent, and Assessor's Map was mailed to the 
Department of Land Conservation and Development (DLCD). The City has received no comment from DLCD. 
On 6/7/07, a copy of the Annexation Request, Owner Consent, Property Description (Deed) and Assessor's Map 
was mailed to the Oregon Department of Revenue; IV Fire District; Josephine County Planning; Oregon 
Department of Transportation; the Josephine County Assessor. A "notice of public hearing" and Assessor's map 
was mailed to all property owners within 300 ft of subject property; published in the Illinois Valley News and 
posted at the County Building, U. S. Post Office and Home Valley Bank. 
4.00 CONCLUSION 
Subject property is located within the Cave Junction Urban Growth Boundary and the area is contiguous with the 
existing City boundary. The proposed annexation meets all necessary requirements and criteria in order to be in 
compliance with requirements of the Oregon Statutes. Public utilities and services are adequate to accommodate 
urban levels of development on the property. Upon approval of the annexation, the property will be designated as 
Single Family Residential (SR), which is consistent with the Comprehensive plan. 
Current Adjacent Zoning Comprehensive Plan Zoning 
Single Family Residential (SR) 
Single Family Residential (SR) 
Single Family Residential (SR) 
Public 
North: County RR5 
East: County RR5 
West: County RR5 
South: City - Public 
PUBLIC HEARING - ANNEXATION (Johnson - 650 Caves Hwy): The application for 
annexation submitted by Robert Johnson for his property at 650 Caves Hwy and the approval 
criteria was briefed. Documentation provided included the application, map, owner's consent, 
legal description, staff report and email objection from Holger Sommer. 
- No objections were made relating to the Council's jurisdiction to hear the matter. 
- No council members abstained or were determined to be unable to be impartial. 
- No council members had any prior contact with applicant. 
- No council members had visited the site, although Tony and Margaret announced they had 
driven by the lot. 
Helen read the criteria, findings and conclusion as presented in the staff report. Lynne requested 
clarification on if others property owners who were not near the services could connect to them 
and if it would help others along the way. Helen responded that services, if installed, would then 
be available and it would depend on filing for reimbursement. The public hearing as set by 
Ordinance 506 was opened. 
Robert Johnson, applicant, 650 Caves Hwy, was present and requested and received 
clarification regarding the requirement to install water and sewer lines to his property, relating 
his understanding that if he wasn't within 300 feet, he was not required to tie into the city's water 
and sewer. This was confirmed as being true. Robert stated his intent to do a lot split if possible, 
to build a second house in the back to live in and to rent or sell the front residence. No additional 
testimony in support of the application was offered. Testimony in opposition was requested. 
Holger Sommer, 2000 Hugo Road, Merlin, announcing he was not particularly opposed to 
proposal but identified his opposition to the process. He stated his belief that the applicant was 
mislead that he did not have to tie into city services if and when he splits his lot and second, that 
water/sewer cannot be provided because the lot is further than 300 feet. He also expressed his 
opinion that the City does not provide police protection so the annexation cannot be approved. 
He withdrew two issues related to noticing to DLCD and the contiguous status of property 
identified in his previous email. 
Robert Johnson requested verification on the requirement to connect to city services, stating if 
he had to connect, he would withdraw his request. It was verified that he would not be required 
to connect to city services. 
In rebuttal testimony, Robert Johnson responded that he had checked all the appropriate 
agencies and septic and well options were available and possible. 
No additional testimony was offered and the public hearing was closed. 
Lynne made a motion to deny the annexation. The motion died for the lack of a second. Dan 
made a motion to approve the annexation. The motion carried 5-0 on a roll-call vote with Dan, 
Margaret, Russell, Lynn and Tony voting in assent. 
Council Meeting Minutes, Jul 23, 2007 Page 4 
PUBLIC HEARING - ORDINANCE 506-1 (Annexation and Amend Zoning Map): Tony 
made a motion to dispense with the reading of the exhibits of the Ordinance. The motion carried 
5-0 on a roll call vote, with Dan, Margaret, Lynne, Russell and Tony voting in assent. Ordinance 
506-1, proclaiming the annexation of a certain property and amending Ordinance 242, regarding 
the boundaries of the zoning map of the City, was read once in full without the exhibits and once 
by number and title only. This was the first reading of the Ordinance. The hearing was opened. 
No testimony was offered and the hearing was continued to the next meeting for the second 
reading.