Oregon 
Theodore R KjibngDski, Governor 
NOTICE OF ADOPTED AMENDMENT 
Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
Mis. 
8/4/2010 
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 010-10 
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: Tuesday, August 17, 2010 
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: Stephanie Armstrong, Yamhill County 
Jon Jinings, DLCD Community Services Specialist 
Gary Fish, DLCD Regional Representative 
<paa> YA 
j & i 12 DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
I I In person O electronic O mailed 
DEPTOF 
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JTL 
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IP 
JUL 28 2010 
LAND CONSERVATION 
AND DEVELOPMENT 
For Off ice Use Only 
Jurisdiction: Yamhill County Local file number: Z-03-10 
Date of Adoption: July 21, 2010 Date Mailed: July 2010 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? X Yes • No Date: 5/17/10 
• Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment X Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Zone change from AF-80, Agriculture/Forestry to F-80, Forestry. 
Does the Adoption differ from proposal? NO 
Plan Map Changed from: to: 
Zone Map Changed from: AF-80 to: F-80 
Location: East of intersection of Willamina Crk. Rd. & Tindle Crk Rd. Acres Involved: 300 
Specify Density: Previous: 1/80 New: 1/80 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
• • X x • • • • • • Q • • • • • • • • 
Was an Exception Adopted? • YES X NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? X Yes Q No 
If no, do the statewide planning goals apply? • Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes D No 
DLCD file No. 010-10 (18319) [16252] 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
SWCD, West Valley Fire District, Department of Forestry, County Public Works, Water Master 
Address: 525 NE Fourth St. 
City: McMinnville 
Local Contact: Stephanie Armstrong 
Zip: 97128 
Phone: (503) 434-7516 Extension: 3635 
Fax Number: 503-434-7544 
E-mail Address: armstrongs@co.yamhill.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public 
official designated by the jurisdiction to sign the approved ordinanceCs") 
per ORS 197.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting, please print this Form 2 on light green paper if available. 
3. Send this Form 2 and One (1) Complete Paper Copy and One (1) Electronic Digital CD (documents and 
maps) of the Adopted Amendment to the address in number 6: 
4. Electronic Submittals: Form 2 - Notice of Adoption will not be accepted via email or any 
electronic or digital format at this time. 
5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction. 
The Final Decision must include approved signed ordinance(s), finding(s), exhibit(s), and any map(s). 
6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper Copy and One (It 
Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to 
the DLCD Salem Office and stamped with the incoming date stamp, (for submittal instructions, 
also see # 5)] MAIL the PAPER COPY and CD of the Adopted Amendment to: 
7. Submittal of this Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other 
supplementary information (see ORS 197.615 ). 
8. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption 
(see ORS 197.830 to 197.845 ). 
9. In addition to sending the Form 2 - Notice of Adoption to DLCD, please notify persons who participated in 
the local hearing and requested notice of the final decision at the same time the adoption packet is mailed to 
DLCD (see ORS 197.615 ). 
10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. You may also 
call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518. 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
Updated December 22, 2009 
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 Approval of a Zone Change from AF-80 
Agriculture/Forestry, to F-80 Forestry, Applicant Old Elk 
Mountain Tree Farm LLC, Tax Lot 5725-1000, Planning 
Docket Z-03-10, and Declaring an Emergency 
) Ordinance 856 
THE BOARD OF COMMISSIONERS OF YAMHILL COUNTY, OREGON (the Board) 
sat for the transaction of county business on July 21, 2010, Commissioners Kathy George, Leslie 
Lewis, aad Mary P. Stem being present. 
IT APPEARING TO THE BOARD that Old Elk Mt. Tree Farm, LLC applied for a Zone 
Change from AF-80, Agriculture/Forestry to F-80, Forestry, and 
IT APPEARING TO THE BOARD that the Planning Commission heard this matter at a 
duly noticed public hearing on July 1,2010 and heard from the applicant (there being no opponents), 
then voted unanimously to approve the application, NOW, THEREFORE, 
IT IS HEREBY ORDAINED BY THE BOARD, that the application is approved 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 21st day of July, 2010, at McMinnville, Oregon. 
ATTEST: YAMHILL COUNTY BOARD OF COMMISSIONERS 
APPROVED AS TC 
By 
Deputy Anne Britt 
REBEKAH STERN 
County Clerk KATHY GEORGE 
MARY P. STERN 
LESLIE LEWIS 
Rick Sanai 
Senior Assistant County Counsel 
Ordinance 856 - Old Elk Mountain Tree Farm LLC 
Findings - Docket Z-03-10 (Old Elk Mountain Tree Farm, LLC) 
Page 2 
FINDINGS FOR APPROVAL 
DOCKET NO.: Z-03-10 
REQUEST: Zone change from AF-80, Agriculture/Forestiy to F-80, Forestry. 
APPLICANT: Old Elk Mt. Tree Farm, LLC 
TAX LOT: 5725-1000 
LOCATION: East of the intersection of Willamina Creek Road and Tindle Creek Road 
AREA SIZE: The entire parcel is 415.3 acres. The area proposed to be rezoned is 
approximately 300 acres. 
CRITERIA: Sections 401, 403 and 1208 of the Yamhill County Zoning Ordinance; the 
Yamhill County Comprehensive Plan Goals and Policies. 
FINDINGS: 
A. Background Facts 
1. Lot Size: Approximately 415.3 acres. 
2. Access: The parcel has frontage on Willamina Creek Road. 
3. On-Site Land Use: The application states the parcel is currently in forest use with some areas 
that are open fields. The application contains a detailed description of the previous forest 
operations. The parcel contains one single family dwelling. 
4. Surrounding Zoning and Land Use: The surrounding area to the south and west is zoned AF-
10, Agriculture/Forestry, and the property to the north and east is zoned F-80, Forestry and 
AF-80, Agriculture/Forestry. The surrounding area is primarily forested with some rural 
residences. The area parcel sizes range from approximately 10 to 100 acres. 
5. Water: Grand Ronde Water District. 
6. Sewage Disposal: Existing septic system. 
7. Soils: See the Yamhill County Soil Analysis Detail in the file. 
8. Fire Protection: West Valley Rural Fire District. 
9. Taxes: The Yamhill County tax records show the parcel is receiving forest deferral. 
10. Overlay Zones: None. 
Ordinance 856 - Old Elk Mountain Tree Farm LLC 
Findings - Docket Z-03-10 (Old Elk Mountain Tree Farm, LLC) 
Page 3 
B. Ordinance Provisions and Analysis 
1. The Board finds that the request complies with the review criteria found in Section 1208.03 
of the Yamhill County Zoning Ordinance, as follows: 
Review Criteria for Amendments to or within Exclusive Farm Use and 
Agricultural/Forestry Zones 
A quasi-judicial zone change to (1) amend the designation of land from Exclusive Farm Use, 
Agriculture/Forestry, or Forest to another of these zones, or (2) change the minimum lot size 
of land designated Exclusive Farm Use or Agriculture/Forestry, may be authorized, pursuant 
to Subsection 1208.01, provided that the request satisfies all applicable requirements of this 
ordinance, and also provided that the applicant demonstrates compliance with the following 
criteria: 
A. The proposed amendment shall comply with the goals, policies, and other applicable 
provisions of the comprehensive plan. 
B. The proposed designation shall be appropriate for the existing or intended use of the 
property. 
C. The proposed amendment shall result in an area of at least 160 contiguous acres with 
the requested designation, including adjacent land. 
D. For proposed changes within or to an Exclusive Farm Use designation, the new 
minimum lot size shall be appropriate to maintain the existing commercial 
agricultural enterprise in the area. 
E. For proposed changes within or to an Agriculture/Forestry designation, the new 
minimum lot size shall be shown to assure: 
1. The opportunity for economically efficient forest and agriculture practices 
typically occurring in the area; and 
2. The opportunity for the continuous growing and harvesting of forest tree 
species; and 
3. The conservation of other forest values found on forest lands. 
F. Any amendment that would change the zone map designation to reduce the minimum 
lot size on property within an Exclusive Farm Use or Agriculture/Forestry district 
shall not be grantedfinal approval by Yamhill county until the amendment has been 
considered and approved by the Land Conservation and Development Commission 
pursuant to ORE 215.780(2). The following rules shall apply: 
Ordinance 856 - Old Elk Mountain Tree Farm LLC 
Findings - Docket Z-03-10 (Old Elk Mountain Tree Farm, LLC) 
Page 4 
1. Conditional approval. Following receipt of an application for a zone change 
as otherwise provided by this ordinance, the county shall determine whether 
to grant or deny the application in accordance with criteria established in this 
section 1208.03. If the application is granted, the county shall enter an order 
of conditional approval, subject to final approval by the Land Conservation 
and Development Commission. 
2. Referral of Order of Conditional Approval. After conditional approval by 
Yamhill County, the application, county findings, order of conditional 
approval and a request for Commission action shall be referred to the 
Department of Land Conservation and Development. 
3. Final Approval An amendment conditionally approved by Yamhill County 
shall not take effect until the county adopts an order or ordinance authorizing 
final approval after receipt of written confirmation of the county's conditional 
approval by the Land Conservation and Dej^ixspni^lGd&miia^lSnl2/30/96] 
The above criteria are addressed in Findings B.2 through B.5 below. 
2. Regarding criterion (A), applicable goals from the Yamhill County Comprehensive Land Use 
Plan, Section II.A.l, Goal reads: 
To conserve Yamhill County's farm lands 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. 
The majority of the subject parcel is currently in forest use and has been predominantly in 
forest use in the past. According to the application the parcel has been receiving forest deferral 
since at least 1974. The proposed zone, F-80, would more accurately reflect the existing uses 
on the subject parcel. The applicant is not proposing an urban use; the minimum lot size is to 
remain 80 acres. 
Section E1.A.2, Goal reads: 
To conserve Yamhill County's soil resources in a manner reflecting their suitability 
for forestry, agriculture and urban development and their sustained use for the 
purposes designated on the county plan map. 
The Yamhill County Soil Survey shows the majority of the portion of the parcel to be rezoned 
is composed of soils capable of producing at least 145 cubic feet of wood fiber per acre per 
year. The application states the majority of the property consists of hilly ground with slopes 
generally in the 10% to 20% slope range. The requested zone change will preserve the 
County's soil resources for their suitability for forest use. 
Section HB.l, Goal reads: 
Ordinance 856 - Old Elk Mountain Tree Farm LLC 
Findings - Docket Z-03-10 (Old Elk Mountain Tree Farm, LLC) 
Page 5 
To conserve and to manage efficiently the county'sforest andrange resources, thereby 
ensuring a sustained yield of forest products, adequate grazing areas for domestic 
livestock, habitat for fish and •wildlife, protection offorest soils and watershed, and 
preservation of recreational opportunities. 
As described above, the proposed zone change would conserve the county's forest resources 
that currently exist on the property. 
3. Regarding criterion (B), as mentioned above, the maj ority of the subj ect parcel is currently in 
forest use and the applicant states they intend to continue timber use on the property; the zone 
change from an agriculture/forestry zone to a forestry zone would more accurately reflect the 
current and intended use of the property. 
4. Regarding criterion (C), the subj ect parcel is approximately 415.3 acres and approximately 114 
acres of the parcel is currently zoned F-80. Additionally, the subject site is adjacent to land to 
the east that is currently zoned F-80, therefore, the request is consistent with criterion (C). 
5. Regarding criteria (D), (E) and (F), these criteria are not applicable since the request does not 
include reducing the minimum lot size on the property. The applicant wishes to keep the 
minimum lot size at 80 acres. 
CONCLUSION: 
1. The request is for a zone change from AF-80, Agriculture/Forestry to F-80 Forestry Use. The 
total area proposed to be rezoned is approximately 300 acres. 
2. The zone change is appropriate due to the fact that the majority of the parcel is currently in 
forest use and is well suited for forest uses. 
3. The request complies with the criteria listed in Section 1208.03 of the Yamhill County Zoning 
Ordinance and is consistent with the applicable goals found in Yamhill County's 
Comprehensive Plan. 
4. The proposed designation is appropriate for the existing and intended use of the property. 
DECISION: 
Based on the above findings and conclusions, the request by Old Elk Mountain Tree Farm, LLC, for 
a zone change from AF-80, Agriculture/Forestry to F-80, Forestry Use on approximately 300 acres 
of Tax Lot 5725-1000, is hereby approved. 
"B-O'f D-4-3ST 
Ordinance 856 - Old Elk Mountain Tree Farm LLC 
EXHIBIT MAP FOR ORDINANCE NO. 856 
ZONE CHANGE 
ADOPTED BY THE YAMHILL COUNTY BOARD OF COMMISSIONERS 
JULY 21, 2010 
FOR A ZONE CHANGE FROM 
AF-80 Agriculture/Forestry 
TO 
F-80 FORESTRY 
CHANGE APPLIES TO TAX LOT 5725-1000 DESCRIBED AND HIGHLIGHTED ABOVE 
APPROXIMATE SCALE - 1 INCH = 900 FEET 
•^jdao-HSC 
Yamhill County Dept 
of Planning & Development 
525 ME Pourth St. 
McMinnvllle, OR 97128 
http://www,co.yamhjll,or.U5/pl2iV 
•rfSPO 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540