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 Kiibng^ ):^  Governor 
NOTICE OF ADOPTED AMENDMENT 
03/03/2009 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM. Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT: Clatsop County Plan Amendment 
DLCD File Number 003-08 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the 
adopted plan amendment is available for review at the DLCD office m Salem and the local government 
office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, March 17, 2009 
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 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 THAT IT WAS MAILED TO DLCD. AS A 
RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE 
DATE SPECIFIED. 
Cc: Michael Weston, Clatsop County 
Doug White, DLCD Community Services Specialist 
Laren Woolley, DLCD Regional Representative 
<paa> Y 
[~1 In person 3 electronic |)Q mailed 
1 2 DLCD 
Notice of Adoption 
THIS FORM MUST BE MAILED TO DLCD 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 
PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 
RM® S I M M Y 
'February 26, 2009 
DEPAMMOFIM) 
CONSSVABON k DMPMBfT 
Jurisdiction: Clatsop County Local file number: 2009020013,20080386 
Date of Adoption: 2/17/2009 Date Mailed: 2/24/2009 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 6/24/2008 
Comprehensive Plan Text Amendment [x] Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment Zoning Map Amendment 
• New Land Use Regulation [X] Other: Exception Goal 3 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached" 
The amendment rezones a parcel of land approximately 5 acres in size from EFU to RA-2. The site was 
originally thought to be Cranberry bogs, but soils on the site are elevated and non-conducive to cranberry 
harvesting. 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: Rural Agricultural Lands to: Rural Lands 
Zone Map Changed from: Exclusive Farm Use 
Location: T7N, R10W, Section 27, TL 201 & 202 
Specify Density: Previous: 1:80 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 
to: Residential Agriculture 2 
Acres Involved: 5 
New: 1:2 
12 13 14 
8 • 
M YES • NO 
15 16 17 18 19 
• • • • • 
Was an Exception Adopted? 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? IEI 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. 003-08 (17043) 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Clatsop County, DLCD, ODA, Gearhart RFPD 
Local Contact: Michael Weston II, MPA 
Address: 800 Exchange Street, Suite 100 
City: Astoria Zip: 97103-
Phone: (503) 325-8611 Extension: 1702 
Fax Number: 503-338-3666 
E-mail Address: mweston@co.clatsop.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This form must be mailed to DLCD within 5 working days after the final decision 
per ORS 197.610, OAR Chapter 660 - Division 18. 
1 Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit 
an electronic copy, by either email or FTP You may connect to this address to FTP proposals and 
adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 
503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us, 
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days 
following the date of the final decision on the amendment. 
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings 
and supplementary information. 
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working 
days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, 
the Notice of Adoption is sent to DLCD. 
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who 
participated in the local hearing and requested notice of the final decision. 
7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please 
print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax 
your request to: (503) 378-5518; or Email your request to mara.ulloa@state.or.us - ATTENTION: 
PLAN AMENDMENT SPECIALIST. 
http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27, 2006 
BEFORE THE BOARD OF COMMISSIONERS Clatsop County 
In The Matter of 
AN ORDINANCE 
CLATSOP COUNTY 
AMENDING THE 
COMPREHENSIVE 
PLAN / ZONING MAP AND ADOPTING A 
GOAL EXCEPTION 
PLANNING GOAL 3 
TO STATEWIDE 
ORDINANCE #08-11 
DOC #2009020013 
Date of Mailing: Feb. 24, 2009 
TO: All persons who participated in the proceedings leading to the final decision 
in the above captioned matter. 
Pursuant to ORS 197.615(2)(a) and ORS 215, notice is hereby given by mail to all 
persons who participated in the proceedings culminating in the Clatsop County Board of 
Commissioners' final decision made at a public meeting held February 11, 2009, to adopt 
an Ordinance Amending the Clatsop County Comprehensive Plan Zoning Map and Text 
and associated Goal Exceptions. 
The Board of Commissioners' action occurred at its meeting of February 11, 2009 and 
the Board of Commissioners signed the ORDINANCE, adopting the "Findings of Fact 
and Conclusions of Law" on the 17,h day of February, 2009. 
The Ordinance together with the "Findings of Fact and Conclusions of Law" adopted 
thereby may be reviewed during normal business hours at the Clatsop County 
Department of Community Development, which is located at 800 Exchange Street, Suite 
100, Astoria, Oregon; in addition a scanned version of this Ordinance and accompanying 
Findings will be made available on the County's Land Use Web Page1 (-Sec Footnote for Web 
Address") This office is open from 8:00 a.m. to 5:00 p.m., Monday through Friday. 
The requirements for appeal of this decision are set forth in ORS 197.830 to 197.845. In 
general, the requirements for appeal require a "Notice of Intent to Appeal" the decision, 
to be filed with the Oregon Land Use Board of Appeals, in Salem, Oregon. The Notice 
of Intent to Appeal the Decision shall be so filed no later than 21 days after the date the 
decision sought to be reviewed became final with this, February 24, 2009 Mailed Notice. 
There are specific and detailed requirements for the filing of the Notice of Appeal, which 
are set forth at ORS 197.830 to 197.845. Any party wishing to appeal this action is 
advised to seek qualified legal assistance. 
Dated this 24th, day of February 2009. 
Michael V^stSfifPTanner 
Department of Transportation & Development Services, 
Clatsop County 
Transportation and 
Development Services 
800 Exchange Street 
Suite 100 
Astoria, Oregon 97103 
Land Use Planning 
Telephone (503) 325-8611 
Fax (503) 338-3666 
www.co.clatsop.or.us 
1 http://www.co.clatsop.or.us/default.asp?paqeid=616&deptid=12 
BEFORE THE BOARD OF COMMISSIONERS 
FOR THE COUNTY OF CLATSOP 
AN ORDINANCE AMENDING THE 
CLATSOP COUNTY COMPREHENSIVE 
PLAN / ZONING MAP AND ADOPTING A 
GOAL EXCEPTION TO STATEWIDE 
PLANNING GOAL 3 
In the Matter of: 
D o c # JtPPfOAO Ol 3 
Recording Date: J. ' / 7 - O^ 
ORDINANCE NO. 0 8 - 1 1 
RECITALS 
WHEREAS, on June 24, 2008 Betty Sandy & Lois Moon filed an application for an amendment to 
the Clatsop County Comprehensive Plan / Zoning Map to amend the comprehensive plan designation of 
property in Clatsop County (the "property") described as T7N, RI0W, Sec. 27, Tax Lots 201 & 202 from 
Conservation Agricultural Lands to Rural Lands and amend the zoning from EFU {Exclusive Farm Use} 
to RA-2 {Residential Agricultural 2). Furthermore in order to satisfy the criteria the applicant is 
requesting a Goal Exception to Statewide Planning Goal 3. 
WHEREAS, the application was considered by the Planning Commission at a public hearing on 
September 9, 2008 and October 8, 2008 the Commission unanimously recommended approval, which is 
attached as Exhibit "PC"; and 
WHEREAS, consideration for this ordinance complies with the Post Acknowledgement rules of 
the Oregon Land Conservation and Development Commission and the Clatsop County Planning 
Commission has sought review and comment and has conducted the public hearing process pursuant to 
the requirements of ORS 197.732, 215.050 and 215.060, and the Board of Commissioners received and 
considered the Planning Commission's recommendations on this request and held a public hearing on this 
ordinance pursuant to law on; and 
WHEREAS, public notice has been provided pursuant to law; now therefore, 
THE BOARD OF COMMISSIONERS OF CLATSOP COUNTY ORDAIN AS FOLLOWS: 
SECTION 1. The Clatsop County Comprehensive Plan / Zoning Map is hereby amended as shown in the 
attached Maps. 
SECTION 2. The Board of Commissioners hereby approves the application and findings of fact 
contained in the Exhibit "PC" Planning Commission recommendation. 
SECTION 3. In support of this ordinance, the Board adopts the September 2, 2008 Staff Report and 
recommendation as Exhibit "A" and appended to Exhibit "PC". 
. / f t -
SO ORDERED this / / day of February, 2009 
THE BOARD OF COUNTY COMMISSIONERS 
Enclosures: 
Map 1 • Indicating Proposed Zone Change 
Map 2: Vicinity Map 
Map 3 Current Zoning Map 
Exhibits: 
PC: Resolution & Order 081007 Planning Commission Recommendation 
A. Staff Report and Findings w/ Associated Exhibits 
MAP "1" Proposed Zone Change 
§ 2 DLCD 
Notice of Adoption 
THIS FORM MUST BE MAILED TO DLCD 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 
PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 
• In person [ 3 electronic (Xl mailed 
DEPT OF 
FEB 25 2009 
LAND CONSERVATION AND DEVELOPMENT 
Jurisdiction: Clatsop County Local file number: 2009020013,20080386 
Date of Adoption: 2/17/2009 Date Mailed: 2/24/2009 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 6/24/2008 
Comprehensive Plan Text Amendment [>3 Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment [x] Zoning Map Amendment 
• New Land Use Regulation [X] Other: Exception Goal 3 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
The amendment rezones a parcel of land approximately 5 acres in size from EFU to RA-2. The site was 
originally thought to be Cranberry bogs, but soils on the site are elevated and non-conducive to cranberry 
harvesting. 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: Rural Agricultural Lands to: Rural Lands 
Zone Map Changed from: Exclusive Farm Use to: Residential Agriculture 2 
Location: T7N, R10W, Section 27, TL 201 & 202 
Specify Density: Previous: 1:80 
Applicable statewide planning goals: 
X 2 3 4 5 6 7 8 9 10 11 12 13 
Acres Involved: 5 
New: 1:2 
14 15 16 17 18 19 
• • • n • 
Was an Exception Adopted? £<] YES • NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? 0 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. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts. 
Clatsop County, DLCD, ODA, Gearhart RFPD 
1 > U j 5 ^ 0 0 3 ^ ( ' 1 oH3 
Local Contact: Michael Weston II, MPA 
Address: 800 Exchange Street, Suite 100 
City: Astoria Zip: 97103-
Phone: (503)325-8611 Extension: 1702 
Fax Number: 503-338-3666 
E-mail Address: mweston@co.clatsop.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This form must be mailed to DLCD within 5 working days after the final decision 
per ORS 197.610, OAR Chapter 660 - Division 18. 
1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit 
an electronic copy, by either email or FTP You may connect to this address to FTP proposals and 
adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP call Mara Ulloa at 
503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us. 
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days 
following the date of the final decision on the amendment. 
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings 
and supplementary information. 
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working 
days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, 
the Notice of Adoption is sent to DLCD. 
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who 
participated in the local hearing and requested notice of the final decision. 
7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please 
print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax 
your request to: (503) 378-5518; or Email your request to mara.ulloa@state.or.us - ATTENTION: 
PLAN AMENDMENT SPECIALIST 
http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27, 2006 

7 
BEFORE THE PLANNING COMMISSION 
FOR THE COUNTY OF CLATSOP 
A N O R D I N A N C E A M E N D I N G T H E 
C L A T S O P C O U N T Y C O M P R E H E N S I V E 
P L A N / Z O N I N G M A P A N D A D O P T I N G A N 
E X C E P T I O N T O S T A T E W I D E P L A N N I N G 
G O A L 3 
In the Matter of: 
RESOLUTION AND ORDER 
# 081007 
Recording Date: November 3rd. 2008 
ORDINANCE #08-11 
RECITALS 
THE ABOVE ENTITLED MATTER came before the Planning Commission at its meetmg of 
October 14th, of the year 2008, for public hearing and consideration of a Comprehensive Plan / Zoning 
Map Amendment and Goal Exception to Statewide Planning Goal 3. 
The Planning Commission after reviewing the findings of fact in Exhibit "A" (Staff Report) has 
determined the proposed zone change is consistent with the criteria as depicted in Clatsop County's Land 
Water Development and Use Ordinance Section 5.412, and where appropriate an exception has been 
taken to Statewide Planning Goal 3 in accordance with the exception criteria defined in OAR Chapter 660 
Division 4. 
THE PLANNING COMMISSION considering all evidence and public testimony provided by the 
Planning Department Staff and the Applicant at the public hearing, hereby RECOMMEND THE 
CONDITIONAL APPROVAL OF THE PROPOSED REQUEST FOR COMPREHENSIVE PLAN / 
ZONING MAP AMENDMENT & COINCIDING GOAL EXCEPTION AS DESCRIBED IN EXHIBIT 
"A" Staff Report, attached hereto and by this reference made part hereof. 
WHEREFORE, the Planning Commission finds and resolves: 
1. To recommend the Board modify Clatsop County's Comprehensive Plan / Zoning map to reflect 
the change from the Exclusive Farm Use zone to Residential Agriculture 2 zone as depicted on 
Map 1 attached to this document. 
2. To amend the Goal 3 element of Clatsop County's Comprehensive plan to reflect the change as 
shown on Map 1 
Sandy '08 Resolution and Order Page 1 
8 
SO ORDERED this 3rd day of November, 2008 
THE PLANNING COMMISSION FOR 
CLATSOP COUNTY 
Brian Pogue, Chairperson 
Clatsop County Planning Commission 
Sandy '08 Resolution and Order Page 
9 
10 
Clatsop County 
Transportation & Development Services 503-325-8611 
Land Use Planning Division 503-338-3666 
800 Exchange Street, Suite 100 e m : comdev(g),co.clatsop.or.us 
Astoria, OR 97103 www.co.clatsop.or.us 
*•""• »-»• ••• •~,-nr,*,*J~tnirr~iT-iiiTiginmm^ 
Staff Report 
OWNER: Betty Sandy 
89224 Dellmoor Loop Rd 
Warrenton, OR 97146 
REQUEST: The Applicants request a zone change from Exclusive Farm Use (80 acre minimum) to Residential 
Agiiculture-2 Zone, and a Goal Exception to Statewide Planning Goal 3. 
PROPERTY: Twp. 7N, Rng. 10W, Sec. 27, Tax Lots 201 & 202 
SIZE: 5.57 acres 
LOCATION: The Property is located to the west of Dellmoor Loop Road and north of the Cranberry Bogs 
currendy in operation at the corner of Dellmoor Lp. and Lounsberry Ln. 
Z O N I N G : Exclusive Farm Use 
STAFF RECOMMENDATION: Continue Hearing to produce Goal 7 findings. 
EXHIBITS: 1 Comments 
2: Public Notices 
3: Zone Change Application Materials 
4: Goal Exception Application Materials 
5: OAR 660 Div 4 
6: ORS 197.732 
I. BACKGROUND 
O n June 24, 2008 Betty Sandy , submitted to the Clatsop County Transportation and Development 
Department applications for a comprehensive plan / zoning map amendment and an associated goal 
exception for 5 V2 -acres of land located west of Dellmoor Loop (See maps below). The applicant proposes 
changing the property's zoning from Exclusive Farm Use, [80 acre minimum] to Residential Agriculture-2 
[two-acre minimum lot size]. The applicant also seeks an exception to Statewide Planning Goal 3 
(Agricultural Lands) pursuant to Oregon Administrative Rule (OAR) Chapter 660 Division 4 and Oregon 
Revised Statute (ORS) 197.732. 
II. PROPERTY STATUS AND CONDITIONS 
Lot of Record Status 
The subject property is comprised of two contiguous parcels described as T7N, R10W, Section 27 TLs 201 & 
202. The parcels were created prior to the conception of Clatsop County's Zoning Ordinance but were not in 
separate ownership at the time the EFU zoning was adopted. A lot of Record determination was submitted 
verifying the status of the two lots. The determination was issues in August of 2007, declaring that both tax 
lots {201 & 202} are considered one buildable lot with a maximum of one building site on the subject parcel. 
III. SUMMARY OF STAFF CONCLUSIONS 
This report is lengthy and complex. It contains a variety of staff analyses and findings, maps, technical 
information, policies, approval criteria, and many exhibits. The following table lists the main criteria that 
apply to the request, a summary of staffs conclusions pertaining to each criterion, and a reference to the page 
numbers of this report where the pertinent staff analysis can be found. 
September 2, 2008 Staff Report Page 1 of 22 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
1 1 
Table 1. Summary of Criteria and Staff Conclusions 
Criterion Conclusions Page(s) 
Zone Change Criterion No. 1 -
Consistency with Comprehensive Plan 
Satisfied. 
5-22 
Goal 1 Element - Citizen Involvement Satisfied. 5 
Goal 2 Element - Land Use Planning Satisfied 5-8 
Goal 3 Elements - Agriculture Lands Satisfied With Conditions of Approval 8-10 
Goal 4 Elements - Forest Lands Satisfied. 10 
Goal 5 Element - Open Spaces, 
Scenic, Historic & Natural Resources 
Satisfied. With Condition of Approval. 
10 
Goal 6 Element - Air, Water & Land Satisfied. 10 
Goal 7 Element - Natural Hazards Not Satisfied. 11 
Goal 8 Element - Recreation Satisfied. 11 
Goal 9 Element - Economy Not Satisfied. 11 
Goal 10 Element - Population and 
Housing 
Satisfied. 
14-19 
Goal 11 Element - Public Facilities Shall be satisfied by complying with LWDUO 80-14 19-20 
Goal 12 Element Transportation Satisfied. 20 
Goal 13 Element Energy Satisfied. 20 
Goal 14 Element - Urbanization Satisfied. 20 
Goal 16 & 17 Elements - Shorelands Satisfied. 21 
Goal 18 Element - Beach and Dunes Satisfied. 21 
Clatsop Plains Community Plan 
Element 
Satisfied 
21-21 
Zone Change Criterion No. 2 -
Consistency with Statewide Plan Goals 
Satisfied. Refer to Goal 3 element for a relevant condition of approval. 
21 
Zone Change Criterion No. 3 - Adequacy 
of Public Facilities and Services 
Satisfied. 
21 
Zone Ch. Criterion No. 4 - Transportation Satisfied. 22 
Zone Ch. Criterion No. 5 - Compatibility Satisfied with condition. See analyses for Goal 2, Goal 3, Goal 7, Goal 9 and 
Clatsop Plains Community Plan 22 
Zone Ch. Criterion No. 6 - Suitability Satisfied. 22 
Zone Ch Criterion No. 7 Appropriate Satisfied. 22 
Zone Ch. Criterion No. 8 - Health/Welfare Satisfied. 22 
Goal Exception Criteria Satisfied. 23-25 
IV. N E I G H B O R H O O D C O N D I T I O N S 
The neighborhood is comprised primarily of single-family residences on rural lots outside the urban growth 
boundary of Gearhart. The cranberry bogs that have a long history in Clatsop County as a commercial 
agricultural product characterize the area. Access to the parcel is provided via Del lmoor Loop and the area is 
September 2, 2008 Staff Report p a g e 2 of 22 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
i n 
surrounded on two stdes by Restdenual Agriculture 2 Zone (2 acre mrmmum) and on two stdes by E x c l u d e 
Farm Use. See aerial photograph (Mag 2 Neighborhood Condtuons) on following page. 
~ ~ ~ Page 3 of 22 
WiV' 
fiwjfj,"* 
[ffifHitUH jSiui; 
Subject Parte! 
2 1 | 
500: 
7.62 NZ 
Scale (appx.) 1"=800" 
iirrsrt 
Map 2. Neighborhood Conditions 
(no scale) 
_r _j j j _i j -J -i _i _i '-> -J -i -i J 
V. APPLICABLE CRITERIA 
T h e applicable criteria for this land use application is contained in L W D U O Section 5.412 which reads: 
Section 5.412. Zone Change Criteria. 
The governing body shall approve a non-legislative zone designation change if it finds compliance with Section 
1.040, and all of the following criteria 
(1) The proposed change is consistent with the policies of the Clatsop County Comprehensive Plan. 
(2) The proposed change is consistent with the statewide planning goals (ORS 197). 
(3) The property in the affected area will be provided with adequate public facilities and services including, but 
not limited to: 
(A) Parks, schools and recreational facilities 
(B) Police and fire protection and emergency medical service 
(C) Solid waste collection 
(D) Water and wastewater facilities 
September 2, 2008 Staff Report Page 4 of 22 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
14 
(4) The proposed change will insure that an adequate and safe transportation network exists to support the 
proposed zoning and will not cause undue traffic congestion or hazards. 
(5) The proposed change will not result in over-intensive use of the land, will give reasonable consideration to 
the character of the area, and will be compatible with the overall zoning pattern. 
(6) The proposed change gives reasonable consideration to peculiar suitability of the property for particular 
uses. 
(7) The proposed change will encourage the most appropriate use of land throughout Clatsop County. 
(8) The proposed change will not be detrimental to the health, safety and general welfare of Clatsop County. 
Additional criteria relating to the applicant's request for Clatsop County to adopt an exception to Statewide 
Planning Goals 4 (Forestry) & 14 (Urbanization) are contained in Oregon Administrative Rule Chapter 660 
Division 4 (attached; Exhibit 5) and Oregon Revised Statute 197.732 (attached; Exhibit 6). 
VI. EVALUATION OF APPLICATION 
As part of its land use application (attached. Exhibit 3), the applicant evaluates the application against the applicable 
criteria of LWDUO § 5.412 and offers findings of fact for the county's consideration. In the following sections, staff 
examines the application versus the eight applicable criteria of LWDUO § 5.412 (l)-(8) and proposes findings of fact 
for the Planning Commission's review and consideration. Proposed findings pertaining to the Goal Exception aspect 
of this application begin on page 23 of this report. 
Zone Change Criterion No. 1: LWDUO §5.412(1) - Consistency with Comprehensive Plan 
Comprehensive Plan. Goal 1 element — Citizen Involvement Analysis: 
The Goal one element of the comprehensive plan is satisfied through the implementation of the planning processes as 
dictated by the County's ratified Comprehensive Plan. The Plan designates that the Planning Commission as the 
Committee for citizen involvement. The proposed amendments do not conflict with requirements of Goal 1 which will 
be satisfied through the proceedings leading up to an eventual approval or denial of the application and request. 
Finding of Fact: 
Based on the analysis above, the application satisfies the applicable citizen involvement policies of the Goal 1 
element of the Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 1 Element. 
Comprehensive Plan. Goal 2 element — Land Use Planning Analysis: 
The County's Comprehensive Plan implements Statewide Planning Goal 2, in addition Statewide Planning Goal 2 
establishes the process for taking exceptions to Goals 3 & 14, which is required when processing this request. The 
exception to Goals 3 is necessary to change the zoning from Exclusive Farm Use and allow non-farm uses and change 
the comprehensive plan from Agricultural Lands to "Rural Lands"(see below for "Rural Lands" description). The 
exception to Goal 14 is required in accordance with the new interpretations of the Goal 2 Exception Process as 
Amended by LCDC in January of 2008. The interpretation is contained in Exhibit 5 and stated for reference below. 
(i) For rural residential areas designated after the effective date of this rule (Januaiy 2008), the affected 
county shall either 
(A) Require that any new lot or parcel have an area of at least ten acres, or 
(B) Establish a minimum si^e of at least two acres for new lots or parcels in accordance 
with the requirements for an exception to Goal 14 in OAR chapter 660, Ddivision 014. 
The minimum lot sis^e adopted bj the county shall be consistent with OAR 660-004-0018, 
"Planning and Zoningfor Exception Areas." 
The following excerpts from the Goal 2 element of the comprehensive plan apply to this request: 
2. Rural Agricultural hands 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
Agricultural lands are those lands that are to be preserved and maintainedfor farm use, consistent with 
existing and future needs for agricultural products, forest and open space.* 
In land use changes involving a change from Conservation Forest Lands or 'Rural Agricultural Lands to 
Rural Lands or Development designations an Exception to the Agricultural Lands or Forest Lands Goals 
must be taken. * 
Conservation areas provide important resource or ecosystem support functions but because of their value for low-
intensity recreation or sustained yield resource (e.g. forestry), or because of their unsuitability for development 
(e.g. hazard areas) should be designatedfor nonconsumptive uses. Nonconsumptive uses are those uses which 
can utilise resources on a sustained yield basis while minimally reducing opportunities for otherfuture uses of 
the area's resources.* 
In accordance with the requirements of the County's Comprehensive Plan the applicant is requesting a goal 
exception to Statewide Planning Goal 3; furthermore the applicant is requesting a Goal Exception to 
Statewide Planning Goal 14 in accordance with recent interpretations of the exception requirements as 
detailed above and in Statewide Planning Goal 2. 
6. Rural Lands 
Rural Lands are those that are outside the urban growth boundary, outside of rural community boundaries, 
and are not agricultural lands or forestlands. Rural lands includes lands suitable for sparse settlement, 
small farms or acreage homesites with no or hardly any public services, and which are not suitable, 
necessary or intended for urban use. 
The site includes two parcels totaling 5 Vz acres in size each is suitable for sparse settlement as described in the 
preceding paragraph. 
Rural Lands in Clatsop County 
A diversity of housing options ranging from high density urban environments to low density farm-forest home 
sites has been a recognized need in Clatsop County since the County's first Comprehensive Plan was adopted 
in 1969. While developing the present Comprehensive Plan, citizens and elected and appointed officials 
stressed the economic and cultural importance of providing for the demand for recreational and year round 
rural homesites. 
Because of the rural character of the County along with its geographic proximity to the northern Willamette 
Valley population centers, there has been a steady demand for second homes and rural homesites located on 
small rural tracts (see Housing Element and Background Report). The demand for rural tracts is expected to 
continue. In order to continue to meet the demand for affordable rural homesites the County has looked to 
those which are "built upon and/or irrevocably committed" rural areas which generally have: 
(a) Some level ofpublic facilities and services, especially surfaced public roads, fire protection, and piped water; 
(b) A pattern of parcel si^es generally smaller than 15 acres; 
(c) Existing residential development at a density generally higher than 1 dwelling unit per 10 acres; and 
(d) Natural boundaries, such as creeks and roads, separating the exception area from adjacent resource lands. 
Areas generally falling under the above set of criteria are designated Rural Lands throughout the 
Comprehensive Plan. Rural Lands are those lands, which are outside the urban growth boundary and are not 
agricultural lands or forestiands. Rural Lands include lands suitable for spare settlement, small farms or acreage 
homesites with no or hardly any public services, and which are not suitable, necessary or intended for urban 
use. Most of these lands contain agricultural site class II-IV and forest site class FA-FD. 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
Residential Agricultural 2 zoning surrounds the site on two sides, the other two sides are surrounded by EFU Zoning. 
To the south is a lot consisting primarily of wetlands not suitable for the development of a homesite, and further south 
Cranberry bogs are harvested for commercial purposes. The 5 acres in question is separated from the rest of the farm 
by Dellmoor Loop it is not large enough to provide an equitable return from farm operations. Furthermore topographic 
constraints on the subject property would limit development from extending beyond the natural borders established by 
the creek traversing the parcel along the western edge of 201 & 202 and the wetlands to the south of the subject 
property. The site contains many of the characteristics of "Rural Lands" as described above. 
The Coastal Shorelands Goal #17 requires that shorelands in rural areas other than those in major marshes, 
significant wildlife habitat areas etc. be used for appropriate: 
"f. Subdivisions, major and minor partitions and other uses only upon a finding bj the governing body of the 
county that such uses satisfy a need which cannot be accommodated at other upland locations or in urban or urbani^able 
areas and are compatible with the objectives of this goal to protect riparian vegetation and wildlife habitat; and 
g. A single family residence on existing lots, parcels or units of land when compatible with the objectives and 
implementation standards of this goal." 
These are areas of coastal shorelands which are "built upon or are irrevocably committed" to development and 
cannot be used for agricultural or forest use. 
In developing the data base and criteria used to identify exception areas the County planning staff relied heavily 
on information provided by the six CACs, individual land owners, realtors and builders as well as the opinions 
of appointed and elected officials. Most of the information used to substantiate commitment of those lands 
was gathered over a 5-year period through the public hearings process, which resulted in the current 
Comprehensive Plan. In addition, the various needs of each subarea were examined and weighed against the 
goals. After completion of each subarea plan, each plan's specific goals and objectives and recommended land 
use allocations were compared against the County as a whole. 
Generally, lands which fall under the general criteria enumerated in this Exception Process and Committed 
Lands Identification section are designated Rural throughout the Comprehensive Plan. Characteristically, these 
lands have scattered residences on parcel one-half to 15 acres in size and are clustered along roads throughout 
the unincorporated County. 
The subject parcels are not identified as Coastal Shorelands and satisfy the general criteria for an exception under the 
Committed Lands criteria. 
Designation of Rural Lands Policy: 
Generally parcels less than 15 acres and that are "built upon or irrevocably committed" to a non-resource use is 
to be placed in a residential, industrial or commercial zone. 
Residential 
Residential densities are generally designated through the following additional criteria: 
a. Where subdivisions or partitioning or both have occurred in a one-acre pattern of development the area will be placed 
in one of the one-acre ^ones; 
b. In areas with a development pattern of two to five acre parcels (some smaller and some larger), the areas will be 
placed in a two-acre 3one; 
c. In areas adjacent to resource (forest, agriculture, wetlands, estuary areas) lands, or Camp Rika, the areas will be 
placed in a five-acre ^one; 
d. In areas where large parcels (15 acres or gpater) of non-resource land are located, the areas will be placed in a five-
acre %one; 
e. In addition to criteria a through d, minimum lot si^es increase with increasing distance from the following anas: 
1. all urban growth boundaries 
2. Svensen center 
3. Knappa center 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
Since approximately 90% of the total County land area is forest land, it is not surprising that most of the lands 
identified as Rural in the Plan contains forest land class FA-FC and/or agricultural site class soils II-IV (see 
Forestry and Agricultural Background Report). 
Ideally the County's Comprehensive plan would call these sites to be designated as RA-5 in accordance with 
criteria " c " above; however the subject parcels only constitute 5 Va acres together; furthermore the site abuts 
RA-2 zones on two sides. It is not logical to zone this area as RA-5, because the parcels would essentially 
create island zoning. Therefore staff finds the applicable criteria are satisfied. 
Finding of Fact: 
Based on the analyses above, the application is consistent with the applicable "Rural Agricultural Lands" and 
"Rural Lands" policies of the Goal 2 element of the Clatsop County Comprehensive Plan. LWDUO § 
5.412(1) - Goal 2 Element. 
Comprehensive Pian. Goal 5 element - Agricultural Lands 
Staff concurs with the applicant's assertions on page 5 of Exhibit 3 that the Goal 3 element of the 
comprehensive plan does not apply to this request. 
Finding of Fact: 
Based on the analysis above, the Goal 3 element of the Clatsop County Comprehensive Plan does not apply 
to the request. L W D U O § 5.412(1) - Goal 3. _ _ _ 
Goal 3 - Agricultural Lands 
Goal 
To preserve and maintain agricultural lands. 
Policies 
1 The County shall provide areas for the continued practice of agriculture and permit the 
establishment of only those new uses, which are compatible with agriculture activities. 
The proposed use does not impact the agricultural uses of the area. Cranberry Bogs are identified as the 
agricultural use of the area with some minor uses for grazing lands. The County provides a wide variety of 
agricultural lands throughout the county The site in question is used primarily as and alternate summer 
pasture for horses it is not considered a primary agricultural site. 
2. Existing farming communities which constitute the mainstay of the agricultural economy in the 
County shall be preserved by Exclusive Farm Use (EFU) zoning. 
This proposal will not affect existing farming communities. 
3. The County shall encourage the consolidation of EFU land into large efficient farm units. 
The consolidation of these lands would only result in a five acre agricultural plot that has a single family 
dwelling on the site; furthermore the site can not be used for the primary purpose of the zoning in this area 
because it is not equipped with the right conditions for the cultivation and harvesting cranberries which are 
highly water dependent. This site consists primarily of sand looms and uplands areas as depicted in the map 
above. 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
4. All divisions of E F U land shall be reviewed by the County for compatibility with the Agricultural 
Goals of the State and County policies. 
This will not be applicable upon the adoption of the proposed goal exception and map amendment. 
5. Non-farm uses permitted on EFU land shall be minimized to allow for maximum agricultural 
productivity. 
This will not be applicable upon the adoption of the proposed goal exception and map amendment. 
6. Agricultural land, which also meets the criteria for forest land, and which is primarily utilized for 
livestock grazing or forestry in sufficient parcel size, shall be conserved for forest uses. 
This subject parcel is not substantial in size and would not satisfy the description above; therefore this 
criterion is not applicable. 
7. The County shall encourage the division of underutilized agriculture land into small tracts to 
maximize the potential for part-time hobby farms where large farms are impractical or where the 
area is determined to be committed to other uses. 
In approving the zone change the county is satisfying the intent of this criteria. 
8. The County recognizes that there is an increasing problem with elk herds on agricultural lands. In 
order to continue the productivity of the County's agricultural lands, the County will do the 
following: 
a. Wildlife refuges and game management areas shall be limited. New proposals shall require a 
zone change and an assessment of public need and impacts of establishing additional wildlife 
refuges or game management areas adjacent to agricultural activities. 
b. The State Wildlife Commission shall be officially requested to resolve the existing adverse 
impacts on agricultural lands associated with elk, including but not limited to, one or more of 
the following measures: 
1 revision of hunting laws to sustained management levels. 
2. reduce the elk population in Clatsop County. 
3. indemnify the owners for damage on their property resulting from elk. 
4. pay for and install adequate fencing. 
*** The following requirements will need to be met in order to assess compliance with this criterion. *** 
These will be attached as a condition of approval to the request. 
Riparian Setbacks: 
All riparian, greenbelt, and waterway setbacks shall be maintained. ODFW recommends the proposed development be 
designed around these setbacks (i.e. do not waive setbacks to allow development within. 
Stream-Road Crossings: 
Anj stream-road crossings (including utilities) are to comply with fish passage requirements. Laws regardingfish passage maj be 
found in O R J 509.580 through 910, and in OAR 635, Division 412. ODFW shall approve in advance any instream structure 
(Ron Rehn 503 842-2741). 
Wildlife Damage Exclusion: 
Wording to be included into a covenant to the deed of each lot: 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
This property is in an area of known biggame andfurbearer animal use. Any and all present andfuture owners of this property agree 
to indemnify and hold harmless the Oregon Department of Fish "and Wt Id life, Clatsop Countyor any other governmental agency for 
any damage and/ or inconvenience caused by these animals to persons, real property* and/ or personal property. 
This agreement fhaUimW: Mtftttwty - . A s altered without 
prior contact and agpeemerit by the 'bhgmi^epartMiHHfFub'UMi^ldi^e'^r Clatsop COunty. " y:" 
H*'" - " ••'••:•* '"* • r . 3,-iti.--'i,. i i -'''It:'-" A .-„ 'it^iJa r^'-K^". 
Sensitive Resources: 
No sensitive resources exits within 1 mile of the project area, (i.e.eagle nest, Heron rookery, etc.). ; : 
Comprehensive Plan. Goal 4 Element - Forest Lands 
Staff concurs with the applicant's asserdons on page 5 of Exhibit 3 that the Goal 4 element of the 
cqinprehensive plan does.not apply to this request. . • ; ^ . : ^ -
Finding of Fact: 
Based on the analysis above, the Goai 4 element of the Ciatsop County Comprehensive Plan does not apply 
to the request. L W D U O § 5.412(1) - Goal 3. 
Comprehensive Plan. Goal 5 element - Open Spaces. Scenic & Historic areas and Natural Resources: 
Finding of Fact: 
Staff finds that the analysis provided on page 5 of Exhibit 3, satisfactorily address the criteria and policies 
of Goal 5. The site is identified as a Peripheral Big Game Range and as such, any and all present and 
future owners of this property agree to indemnify and hold harmless the County, Oregon Department of 
Fish and Wildlife, and any other Governmental agency involved in the granting of this request, for any 
damage a n d / o r inconvenience caused by these animals to persons, real property, and /or personal 
property. 
The County has coordinated efforts with the Oregon Department of Fish and Wildlife and has confirmed 
that the site is otherwise not identified as a significant Goal 5 resource. In addition conditions have been 
applied to this recommendation {see above}, which will ensure the satisfactory compliance with the 
provisions of Goal 5. 
Comprehensive Plan. Goal 6 element - Air. Water, and Land Quality: 
The applicant evaluates the application against the applicable plan policies of the Goal 6 element of the 
comprehensive plan in pages 5 of Exhibit 3. Staff concurs with the applicant that the proposal does not 
conflict with the applicable plan policies of Goal 6. The Clatsop County Land and Water Development 
and Use Ordinance (LWDUO) contains multiple development standards that would apply to the future 
development of the subject property to assure the protection of air, water, and land quality standards in 
accordance with Goal 6. 
Finding of Fact: 
Based on the analysis above, the application satisfies the applicable plan policies of the Goal 6 element of the 
Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 6 Element. 
Comprehensive Plan. Goal 7 element - Natural Hazards 
The applicant's analyses contained in page 6 of Exhibit 3 are insufficient to address the criteria. Furthermore 
the site is in and identified natural hazard zone. Findings addressing the Natural Hazard criteria need to be 
satisfied before the application can proceed. 
Finding of Fact: 
September 2, 2008 Staff Report 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
Page 11 of 22 
21 
Based on the analysis above, the application does not satisfy the applicable plan policies of the Goal 7 element 
of the Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 7 Element-
Comprehensive Plan. Goal 8 element - Recreational Lands 
The subject property is not an identified recreational resource. The proposal does not conflict with the 
applicable plan policies of the Goal 8 element of the Clatsop County Comprehensive Plan. 
Finding of Fact: 
Based on the analysis above, the application satisfies the applicable plan policies of the Goal 8 element of the 
Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 8 Element. 
Comprehensive Plan. Goal 9 element — Economy 
The applicant's analyses contained on page 6 of Exhibit 3 does not demonstrate that the application 
conforms to the applicable plan policies of the Goal 9 element of the Clatsop County Comprehensive Plan. 
The applicant needs to address findings of economic significance and potential impacts the effect of reducing 
the amount of Farm land through in the county may have upon the commercial farming and cooperative 
farming in the region. This has not been satisfactorily addressed in the application. 
Finding of Fact: 
Based on the analysis above, the application does not satisfy the applicable plan policies of the Goal 9 element 
of the Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 9 Element. 
Comprehensive Plan. Goal 10 element - Population and Housing 
Population Policies 
1. Community plans should provide for orderly growth, which reduces the cost of essential services 
while preserving the basic elements of the environment. 
Implemented through the County's Clatsop Plains Community Plan 
2. Promote population to locate in established service areas. 
The area is located in an established service area. Development in this area is consistent with the. 
establishment of irural residences near 'established cdnuriunities arid public services. .. '':'.• 
3. Promote the accommodation of growth within areas where it will have minimal negative impacts on 
the County's environment and natural resources. 
This proposal should have little to no Negative impacts on the County's Environment arid Natural Resources. 
4. Utilize current vacant land found between developments or within committed lands. 
The development of thele two sites kdiacerit to Dellmoor Loop fits the description of tends that are to be 
considered corrimitted lands. ' " ^^ 
5. Direct new urban growth within Clatsop County to existing urban growth boundary or rural service 
areas where under utilized public or semi-public facilities exist or utility and/or investments have 
already been made. 
The subject site in a rural area outside of Gearhart urban growth boundaries. The site meets the general 
description for rural lands as depicted previously. The subject parcel is ideally suited for infill development 
and does not encourage sprawling development along throughout the area. This site has adequate access to 
transportation facilities arid public services and provides rural residential housing. 
September 2, 2008 Staff Report 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
Page 11 of 22 
2 1 
6. Encourage development of land with less resource value. 
The parcel cannot feasibly be used for commercial farm use; therefore encouraging development of the 
subject land is consistent with the spirit of this policy. 
7 Coordinate planning efforts of local governments and special districts to maximize efficiency of 
public facilities, and have land use actions reflect the goals and policies of the Plan. 
Housing Policies 
Residential Development 
1 Clatsop County shall encourage residential development only in those areas where necessary public 
facilities and services can be provided and where conflicts with forest and agricultural uses are 
minimized. 
As a condition of approval the applicant shall record a disclaimer on their deed indicating the applicant, 
owner and successors shall not indemnify farming operations on surrounding parcels. 
Staff concurs that this request is consistent with this policy. 
2. Clatsop County shall assist in planning for the availability of adequate numbers of housing units at 
price ranges and rent levels commensurate with the financial capabilities of County residents. 
Staff concurs in part with the applicant's findings. This may help meet the County's Housing needs but this 
request is not significant enough to really have a substantial impact. 
3. Clatsop County shall encourage planned developments and subdivisions to cluster dwelling units. 
The clustering of dwellings in small numbers and the provision of common open space assures 
good utilization of the land, increased environmental amenities, and may be used as an open space 
buffer between the residential use and adjacent agricultural or forest uses. 
The applicant will only be able to partition the lots into what previously existed before the zoning came into 
effect. This zone change will have little to no negative impacts on surrounding areas and will not encourage 
sprawl in the area. 
4. Clatsop County shall permit residential development in those designated areas when and where it 
can be demonstrated that: 
a. Water is available which meets state and federal standards; 
b. Each housing unit will have either an approved site for a sewage disposal system, which meets 
the standards of the County and the Department of Environmental Quality or ready access to 
a community system; 
c. The setback requirements for the development of wells and septic systems on adjacent parcels 
have been observed; 
d. Development of residential units will not result in the loss of lands zoned or designated for 
agriculture or forestry and will not interfere with surrounding agricultural or forestry activities. 
In accordance with Clatsop County's LWDUO # 80-14 these criteria shall be required to be met prior to the 
issuance of a development permit on the subject site. 
5. Clatsop County shall permit temporary siting of mobile homes in specified locations in the event of 
an emergency. 
Not Applicable. 
6. Clatsop County shall encourage multi-family housing and mobile home park developments to 
develop within die various urban growth boundaries. 
September 2, 2008 Sta ff Report Page 12 of 22 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
?? 
Not Applicable. 
7. Clatsop County shall encourage the development of passed over lots that already have services such 
as water and roads to be preferred for development over tracts requiring an extension of services. 
This site serves as a perfect example of lots that were passed over for development that the County should 
encourage for development. Staff agrees with the applicants findings on page 6 of exhibit 3. 
Clatsop County shall make provisions for housing in areas designated for Rural, Urban Growth 
Boundaries, and Rural Service Areas which provide variety in location, type, density and cost where 
compatible with development on surrounding lands. 
Staff Concurs with the applicant's analysis on page 6 of Exhibit 3. 
Governmental Cooperadon and Coordination 
9. Clatsop County shall cooperate with governmental agencies and Clatsop County Housing Authority in 
promoting unified housing policies and in ensuring an equitable distribution of assisted housing 
throughout the County. 
Not Applicable. 
10. Clatsop County shall encourage state and federal agencies to develop programs and funding sources 
to increase the level of support for the maintenance and rehabilitation of existing housing and for the 
development of additional housing. 
Not Applicable 
Housing Rehabilitation 
11 Clatsop County shall develop and maintain an inventory of the type and condition of the current 
housing stock. The rural housing needs should be reexamined every two years to reflect the market 
changes and new information. 
No t Applicable. 
12. Clatsop County shall encourage the retention of the current housing stock and, where necessary and 
feasible, will assist in the rehabilitation of substandard housing units. 
Assisted Housing 
13. Clatsop County shall set aside tracts of lands which it owns within the cities and their urban growth 
boundaries which can be used for low cost housing. The lands should be inventoried and a program 
developed through the Northwest Oregon Housing Association to release those lands for this 
purpose. Clustering techniques, common wall and townhouse construction, both for sale and for 
rent, could be employed in the development of these lands. 
Not Applicable. 
14. Clatsop County shall activate support programs, which serve to improve housing conditions of those 
homeowners who are physically or financially unable to make improvements on their own. 
Not Applicable. 
Urban Growth Boundary Population Projections 
Clatsop County cities in cooperation with the County have developed population projections for the six 
Urban Growth Boundary areas (see Table 8, 8-1, 8-2, 8-3 and Chart 8, 8-1, 8-2). The information contained in 
September 2, 2008 Staff Report Page 13 of 22 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
23 
these tables and charts are based on the 2000 U. S. Census and historical growth figures compiled by the 
Center for Population Research and Census, Pordand State University. The forecasted growth is based 
largely on historical data and information received from the cities. For the most part, the cities forecasts 
include bo th the city limit boundary and portions of the urban growth boundary, and in some cases die 
Census Tract may extend beyond both. The growth forecast to year 2030 does not take into account the 
JURISDICTION 
ACTUAL 1 % OF COUNTY 
POPULATION 
FORECASTS 
1990 2000 1990 2000 
2020 Urban Area 
Totals2 
2030 Urban Area 
Totals' 
% of County 
Population4 
Average Annual 
Growth Rate 
2000-2030 
Astoria 10,069 9,813 30.24% 27.54% 11,826 12,953 28.30% 0.94% 
Cannon Beach" 1,221 1,588 3.67% 4.46% 1,859 2,037 4.45% 0.79% 
Gearhart 1,027 995 3.08% 2.79% 1,254 1,373 3.00% 1.16% 
Seaside 5,359 5,900 16.09% 16.56% 7,337 8,037 17.56% 1.10% 
WarrentonJ 
Hammond 
2,681 
589 
4,096 9.82% 11.50% 5,741 6,289 13.74% 1.70% 
CITY 
TOTAL 
20,946 22,392 62.90% 62.85% 28,017 30,689 67.05% 1.13% 
UNINCORPORATED 
TOTAL 
12,944 13,238 38.87% 37.15% 13,771 15,082 32.95% 0.20% 
COUNTY TOTAL 33,301 35,630 - - 41,788 45,771 0.80% 
vacation or seasonal population of rentals or secondary homes and the impacts they may have on water, 
sewer, transportation or other public facilities and services. The growth forecast is an estimate based on 
historical information and may not accurately reflect changing conditions. 
Using the methodology employed by the City of Cannon Beach in projecting its population to the year 2025 
(refer to City of Cannon Beach Ordinance No. 06-09 and Clatsop County Ordinance No. 07-05 for more 
details), Clatsop County revised Population Table 8-1, Chart 8, and Chart 8-1 to reflect population projections 
for all cities and the unincorporated areas to the year 2030 (the population projections previously ended at the 
year 2020). In establishing the year 2025 and year 2030 population projections, the county held constant the 
forecasted year 2020 percentage of population allocated to each city and the unincorporated areas through to 
the year 2030 (see Chart 8-1). 
In recognition of the City of Cannon Beach's need for coordinated population projections to the year 2025, 
and in recognition of similar work currendy being undertaken by the City of Seaside that requires population 
projections to the year 2030, Clatsop County adopted, as an interim measure, the year 2025 and year 2030 
population projections contained in this section until such time that officials f rom all cities and the county can 
meet to discuss new shifts in area demographics or conditions (i.e., recent annexations by the City of 
Gearhart, new home construction as a result of Measure 37/49 claims, etc.) that may compel adjustment to 
these figures. 
Population Policy: 
Review of the forecast should occur every three to five years. 
TABLE 8: Clatsop County Population Projections 
JURISDICTION 2 0 0 0 
(actual) 2 0 0 5 2 0 1 0 2 0 1 5 2 0 2 0 2 0 2 5 2 0 3 0 
Clatsop County1 35,630 36,919 38,376 40,018 41,788 43,727 45,771 
Incorporated Cities:^ 
Astoria 9,813 10,152 10,649 11,205 11,826 12,375 12,953 
Cannon Beach 1,588 1,642 1,707 1,780 1,859 1,946 2,037 
Gearhart 995 1,107 1,151 1,200 1,254 1,312 1,373 
Seaside 5,900 6,206 6,546 6,927 7,337 7,678 8,037 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
Warrenton 4,096 4,426 4,813 5,278 5,741 6,008 6,289 
Unincorporated 13,238 13,386 13,510 13,628 13,771 14,408 15,082 
1 Center for Population Research and Census. Portland State University; United States Census. 
JURISDICTION 1900 1 9 1 0 1920 1930 1940 1 9 5 0 1960 1970 1980 1990 2 0 0 0 
Clatsop County 12,765 16,106 23 ,030 21 ,124 24,697 30,776 27 ,380 28 ,473 32,489 33 ,301 35,630 
Astoria 8,381 9,599 14,027 10 ,349 10,389 12,331 11,239 10,244 9,998 10,069 9,813 
Cannon Beach n/a n/a n/a n/a n/a n/a 495 778 1,187 1,221 1,588 
Gearhart n/a n/a 127 125 319 568 725 829 967 1,027 995 
Seaside 191 1,270 1,802 1 ,565 2,902 3,886 3 ,877 4 ,402 5,193 5 ,359 5,900 
Warrenton n/a 339 7 3 0 683 1,365 1,896 1,713 1,825 2,493 2 ,681 4,096 
Hammond n/a 957 547 2 4 4 422 522 4 8 0 5 0 0 516 589 -
2. City totals projected based on previous percentages of county population and percent growth. 
3. Warrenton annexed Hammond in 1999, thus the substantial change in population. 
4. Based on the previous growth rates and percentage of county population. 
5. County projection from the Office of Economic Analysis, Department of Administrative Services, State of Oregon. 
6. Cannon Beach numbers reflect the City's assumption that their existing percentage of County population will be maintained. 
TABLE 8-1: Clatsop County Population Projections 
2000 - 2030 
1 County projection from the Office of Economic Analysis, Department of Administrative Services, State of Oregon. 
2. City totals projected based on previous percentages of county population (see above), growth and county projection. 
TABLE 8-2: Previous Population Projections for 
Clatsop County 
1970 1980 1985 1990 1995 
High 28,473 32 ,500 35,000 38 ,000 41,200 
Medium 28,473 32 ,000 34,000 36 ,400 38,800 
Low 28,473 31 ,700 32,500 3 3 , 5 0 0 34,300 
ACTUAL 28,473 32,489 32,452 33,301 34,300 
Sources: Projections: Clatsop County Comprehensive Plan; Actual U.S. Census 
TABLE 8-3: Clatsop County Historic 
Population 
Source: Population Research Center, Portland State University 
n/a = not applicable because they were not incorporated as cities yet 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
50000 
45000 
40000 
35000 
30000 
25000 
20000 
15000 
10000 
5000 
0 
Chart 8: Population Projections 2000- 2030 
• Clatsop County 
• Astoria 
0 Cannon Beach 
• Gearhart 
f l Seaside 
• Warrenton 
® Unincorporated 
Chart 8-1: Percent of County Population for 2030 
Forecast 
17.56% 
Finding of Fact: 
Based on the analysis above and that provided by the applicant in Exhibit 3 page 6, the application satisfies 
the Population plan policies # 1 # 7 of the Goal 10 element of the Clatsop County Comprehensive Plan. 
L W D U O § 5.412(1) - Goal 10 Element (Population). 
Based on the analysis above, the application satisfies the housing plan policies # 1 and # 8 of the Goal 10 
element of the Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 10 Element (Housing). 
Comprehensive Plan. Goal 11 element - Public Facilities and Services 
Analysis. 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
The following excerpted Overall Policy Regarding Appropriate Levels of Public Facilities in the Rural Lands 
Plan designation applies to the request: 
Rural Lands - Most of the areas built upon or committed to non-resource use in the County are in this Plan 
designation. Much of the area is currendy served by community water systems. 
Clatsop County is concerned that development not outstrip the capacity of the service area districts. Clatsop 
County requires that a proof of an adequate source of water be available before any development permit (e.g. 
residential, commercial or industrial), excluding land divisions, is approved. 
Public water supply is an appropriate public facilities in this Plan designation, but is not essential for development. 
Rural fire protection districts are present in many of the areas in this Plan designation. This is often a desired rural 
service and is appropriate in this Plan designation but is not a prerequisite for RA zoning. Some rural residents are 
more willing to pay high fire insurance premiums than taxes to maintain a local fire district. Development is 
scattered enough in this Plan designation, as compared with RSAs or cities, that fire protection is not a requirement 
for development. 
Community sewage systems are not appropnate in this Plan designation. 
Partition and subdivision proposals in this Plan designation will be referred to the local school district for 
comment. 
The following Goal 11 plan policies also apply to the request: 
General Public Facilities Policies 
1. Clatsop County recognizes the level of public facilities and services described in the section "Overall Policy 
Regarding Appropriate Levels of Public Facilities in the County" above, as that which is reasonable and 
appropriate for development in different Plan designations in the County. Development of facilities and 
services in excess of those levels and types shall not be approved by the County. 
9. When a Comprehensive Plan or Zone Change or both are requested that would result in a higher residential 
density, commercial or industrial development it shall be demonstrated and findings made that the appropriate 
public facilities and services (especially water, sanitation (septic feasibility or sewage) and schools) are available 
to the area being changed without adversely impacting the remainder of the public facility or utility service area. 
Water Supply Systems Policies 
4. Clatsop County shall encourage existing community water supply systems to be improved and maintained at a 
level sufficient to: 
a. provide adequate fire flow and storage capacity to meet the service area requirements, 
b. meet the anticipated long-range maximum daily use and emergency needs of the service area, and 
c. provide adequate pressure to ensure the efficient operation of the water distribution system. 
The applicant has provided evidence that water is available to the site from the City of Warren ton Water 
district, this eveidence conforms to the applicable plan policies of the Goal 11 element of the Clatsop County 
Comprehensive Plan. 
In addition appropriate mechanisms are in place in the LWDUO to ensure that prior to land use approvals 
and before development permits are issued for new development on the subject property, appropriate public 
services and facilities will be in place to service the property. 
Finding of Fact: 
Based on the analysis above, the proposal satisfies the applicable plan policies of the Goal 11 element of the 
Clatsop County Comprehensive Plan, the application must demonstrate a suitable source of water prior to the 
issuance of a development permit. In addition the application has not addressed impact to the Gearhart and 
Seaside school district. Regardless the proposal only calls for two sites (One addition) the impact from one 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
more homesite should not be sufficient to cause inefficiencies in the school district. Staff finds that this 
alteration will cause no more impact and the Goal 11 element of L W D U O § 5.412(1) - is satisfied. 
Comprehensive Plan. Goal 12 element - Transportation 
Analysis. 
The proposal will have litde impact on the access roads. The addition of 10 average daily trips is allocated in 
the County's Transportation system plan for that area. The only point of contention is the utilization of the 
101 corridor, which is already substantially overburdened in summer months. Regardless the impacts from 
one additional homesite in the Dellmoor loop area will be insubstantial. 
Finding of Fact: 
Based on the analysis above, consistency with the Goal 12 Transportation element of the Comprehensive 
Plan is satisfied. L W D U O § 5.412(1) - Goal 12 Element. 
Comprehensive Plan. Goal 13 element — Energy Conservation 
Analysis. 
The application and zone change will have minor unsubstantial consequences to energy conservation. The 
addition of one home and and the effects on energy consumption that home may have are inconsequential to 
the area as a whole. The application satisfactorily demonstrates that the application conforms to the 
applicable plan policies of the Goal 13 element of the Clatsop County Comprehensive Plan. 
Finding of Fact: 
Based on the analysis above, the application satisfies the applicable plan policies of the Goal 13 element of 
the Clatsop County Comprehensive Plan. LWDUO § 5.412(1) - Goal 13 Element. 
Comprehensive Plan. Goal 14 element - Urbanization 
Analysis: 
The application does not involve lands located within or adjacent to an urban growth boundary. The 
applicant does not propose amending any urban growth boundary. The Goal 14 policies of the 
comprehensive plan speak to urban growth management agreements, district agreements, rural communities, 
and other urbanization matters that do not apply to the application. The applicant's proposed exception to 
Statewide Planning Goal 14 (Oregon Administrative Rule Chapter 660 Divisions 4 and 14) that is required as 
a function of the request to reduce parcel sizes and increase densities on the subject property is addressed 
under the Goal 14 exception criteria. 
Upon the adoption of the Goal Exception and Comprehensive Plan Amendment the proposal will satisfy the 
requirements for compliance with the Goal 14 element of the County's Comprehensive Plan. 
Findings Of Fact: 
Based on the analysis above, the application satisfies the applicable plan policies of the Goal 14 element of 
the Clatsop County Comprehensive Plan. L W D U O § 5.412 — Goal 14 Element. The applicant's proposed 
exception to Statewide Planning Goal 14 is addressed later in this report. 
Comprehensive Plan. Goal 16 and 17 elements - Estuarine Resources and Coastal Shorelands 
Analysis: 
The applicant's findings on pages 6 of Exhibit 3 satisfactorily address the applicable plan policies of the Goal 
16 and 17 elements of the Clatsop County Comprehensive Plan. 
Finding of Fact: 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
Based on the analysis above, the application satisfies the applicable plan policies of the Goal 16 and 17 
elements of the Clatsop County Comprehensive Plan. L W D U O § 5.412(1) - Goal 16 & 17 Elements. 
Comprehensive Plan. Goal 18 element — Beaches and Dunes 
Finding of Fact: 
The area is in an identified Beaches and Dune overlay. The site most suitable for development of a single 
family residence is the area located on the top of the old railroad grade. This site is a stabilized dune with no 
wedands in the impact area; however wetiands do exist within the immediate vicinity approximately 50-100 
feet to the west of this area. It is unlikely that the development of a homesite on the established dune will 
cause any more impact that what has already transpired in the area. 
Comprehensive Plan. Clatsop Plains Community Plan element 
The applicable goals and policies of the Clatsop Plains Community Plan are contained in the following 
section. Staff analyses are interjected throughout the section. 
Southwest Coastal Community Plan 
Consistency with the Elements of the Clatsop Plains Community Plan are assessed through compliance with 
the Comprehensive plan elements previously discussed. Staff finds the applicant has not adequately addressed 
these criteria through out the proposed findings provided in pages 1-8 of Exhibit 3 LWDUO § 5.412(1) — 
Clatsop Plains Community Plan Element. 
Zone Change Criterion N o . 2: L W D U O §5.412(2) - Consistency with Statewide Planning Goals 
Clatsop County has a ratified comprehensive plan. Consistency with Statewide Planning Goals is determined 
through the consistency with the County's Comprehensive Plan. Staff finds that all applicable Statewide 
Planning goals can adequately be addressed; however insufficient findings at this time require the applicant to 
address these issues before progressing. 
Finding of Fact: 
Based on the analysis above, the application has not satisfied Zone Change Criterion No. 2. L W D U O § 
5.412(2). 
Zone Change Criterion No . 3: L W D U O §5.412(3) - Adequacy of Public Facilities and Services 
Staff concurs with the applicant that adequate public facilities and services exist to be provided to the subject 
property. 
Appropriate mechanisms are in place in the LWDUO to ensure that prior to development approvals on the 
subject property, adequate public facilities and services will be installed. 
Finding of Fact: 
The application satisfies Zone Change Criterion No. 3. L W D U O § 5.412(3). 
Zone Change Criterion N o . 4: L W D U O §5.412(4) - Adequacy of Transportation Facilities 
Analysis: 
Staff concurs with the applicant that adequate transportation facilities exist for the proposal. Appropriate 
mechanisms are in place in the L W D U O to ensure that prior to development approvals on the subject 
property, adequate transportation facilities will be in place. 
Finding of Fact: 
September 2, 2008 Staff Report Page 19 of 22 
Sandy, Plan Map/Zoning Map Amendment and Goal Exception 
?Q 
Based on the analysis above, the application satisfies Zone Change Criterion No. 4 LWDUO § 5.412(4). 
Zone Change Criterion N o . 5: L W D U O §5.412(5) - Compatibility with Axea 
Through the analysis provided by the applicant and the conditions provided herein compatibility with the area 
can be ensured. 
Finding of Fact: 
Based on the analysis above, the application satisfies Zone Change Critenon No. 5. L W D U O § 5.412(5). 
Z o n e Change Criterion N o . 6: L W D U O §5.412(6) - Peculiar Suitability of Site for Particular Uses 
Analysis: 
The site is well suited for rural residential site development. The area is restricted from further development 
by the geologic feature of a Creek to the west and wedands to the south sides of the subject parcel. The site is 
not suitable for commercial farm use and is best suited as an acreage homesite. 
Finding of Fact: 
Based on the analysis above, the application satisfies Zone Change Criterion No. 6. L W D U O § 5.412(6). 
Z o n e Change Criterion N o . 7: L W D U O §5.412(7) - Zone Change Promotes Appropriate Use of Land 
in County 
Analysis: 
Surrounding areas are zoned residential agriculture 2. Lands to the east and south are zoned Exclusive Farm 
Use, natural barriers prevent the continued development of the area to these sites. In parUcular natural 
wedands constitute 90% of the parcel to the south, making development of these sites virtually non-
economical. The areas to the east are held in contiguous ownership and result in a large tract of land zoned 
Exclusive Farm use and compatible to commercial farm uses. Rezoning this 5 acre section of EFU is 
appropriate when considering that this plot was originally designated EFU for the purposes of Cranberry 
cultivation ; however the site is not suitable for cranberry cultivation because of a natural lack of substantial 
wedands on the parcel. 
Finding of Fact: 
Based on the analysis above, the application satisfies Zone Change Criterion No. 7. L W D U O § 5.412(7). 
Zone Change Criterion N o . 8: LWDUO §5.412(8) - Health, Safety, and General Welfare 
Analysis: 
The application does not hinder the health or safety of Clatsop County. Analyses and findings in this report 
Finding of Fact: Based on the analysis above, the application satisfies Zone Change Criterion No. 8. L W D U O § 5.412 (8). 
Goal Exception 
The applicant is proposing to take a goal exception to Statewide Planning Goals 3 & 14 in order to process 
the application for a Zone Change. In order to satisfy the goal exception criteria the applicant chose the 
committed route declaring the parcel was irrevocably committed to residential use. In doing so a number of 
criteria need to be satisfied and addressed. In reviewing the applicants goal exception criteria and in an effort 
to avoid redundancy Staff has found the applicant's findings to satisfactorily address the criteria. This is 
addressed throughout Exhibit 4 pages 1 to 13. In summation of the findings provided by the applicant the 
following are the criteria addressed by the applicant and the Staffs Assessment for analysis: 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
(a) Characteristics of the exception area: 
Predominately pasture but not substantial enough to warrant commercial farming operations. 
Developed Rural residential lands to the North and west in favor of an exception. Addressed 
on pages 14-15 of the applicant's findings, Exhibit 4. 
(b) Characteristics of adjacent lands: 
Adjacent lands consist of Farm and Conservation lands on a large scale and in separate 
ownership. The fact that the lands only constitute 5 V2 acres in size and were previously 
independent lots weigh in favor of a goal exception. See Applicants findings page 14 Exhibit 
4. 
(c) Relationship between the exception areas and adjacent lands: 
Staff agrees with the applicant, this area is far better suited as rural residential homesites than 
farm lands. The reasoning is that the site is only 5 V2 acres in size, this is hardly suitable or 
sustainable for commercial farm operations. See Applicants Findings Page 14-15, Exhibit 4 
(d) Exist ing adjacent uses: 
Agricultural Lands and Rural Lands surround the site. See Applicant's Findings Page 14-15 of 
Exhibit 4. 
(e) Exis t ing public facilities and services: 
Existing city services are located at the access to Dellmoor Loop including City water service. 
(f) Parcel size and ownership patterns: 
This site is relatively small in size. Across the street large acreage farmlands suitable for 
commercial farm uses exist. To the south EFU Lands are used in conjunction with a co-op to 
produce cranberries for commercial sale on the market. 
(g) Ne ighborhood and regional characteristics: 
The surrounding neighborhood conditions are conducive to a development of this type and 
nature. The regional characteristics are one of increasing demand for parcels of this type. 
Rural Residential Homesites provide a variety of housing options for low moderate and high 
income residents. The Characteristics of the region are one of growing demands and rural 
settings, the area is especially desirable due to the proximity of the site to the ocean and 
attractions that come with that type of activity. 
(h) Features separating the exception from adjacent resource land. 
West Lake traverses the westerly boundary of the site and wedands cover 90% of the property 
to the south, Dellmoor Loop is located to the immediate east and serves as a border to the 
proposed zone change, these topographical feature act as a natural barrier between the Farm 
lands to the east and the lands better suited for residential development to the North. 
(i) Physical Development 
Currently there exist a single family residentce on the site which would lead toward aa claim 
that the area is physically developed; however the site is 5+ acres in size and the other parcel 
really does not have physical development on the site that would lend any relevance to a goal 
exception to statewide planning goal 3. This aspect would weigh against a goal exception; 
however the criteria does not require that a structure be built on the site only that the site itself 
has been committed to a use other than what is currentiy permitted. In that sense the site is 
restricted in size and neighborhood characteristics and therefore satisfies the criteria for a goal 
exception, 
(j) Other relevant factors 
See applicant's findings page 14-15 exhibit 4. 
In accordance with OAR 660-014-0030 the applicant's conclusion is supported by the reasons and 
facts indicating the land is irrevocably committed. This conclusion also justifies an exception under 
the policies of Goal 2 to allow development in excess of 1 home site per 10 acres as mentioned 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 
earlier. Furthermore the conclusion and Findings provided by the applicant on pages 14 -15 of 
Exhibit 4 reasonably indicate that the land is committed to urban levels of development. 
At this time however Staff recommends the Planning Commission continue the hearing, allowing the 
applicant an opportunity to address the Goal 7, and Goal 9 issues addressed by Staff in it earlier 
analyses. 
IX. EXHIBITS 
Immediately follow. 
Respectfully submitted, 
Michael Weston II, MPA 
Planner, Transportation & Development 
***Conditions*** 
Riparian Setbacks: 
All riparian, greenbelt, and waterway setbacks shall be maintained. ODFW recommends the proposed development be 
designed around these setbacks (i.e. do not waive setbacks to allow development within. 
Stream-Road Crossings: 
Any stream-road crossings (including utilities) are to comply with fish passage requirements. I^aws regardingfish passage may be 
found in O R J 509.580 through 910, and in OAR 635, Division 412. ODFW shall approve in advance any mstream structure 
'(RonRehn 503 842-2741). 
Wildlife Damage Exclusion: 
Wording to be included into a covenant to the deed of each lot: 
This property is in an area of known big game andfurbearer animal use. Any and all present andfuture owners of this property agree 
to indemnify and hold harmless the Oregon Department of Fish and Wildlife, Clatsop County, or any other governmental agency for 
any damage and Ior inconvenience caused by these animals to persons, real property, and/ or personalproperty. 
This agreement shall inure in perpetuity to all successors, assignors, and heirs. This agreement cannot be deleted or altered without 
prior contact and agreement by the Oregon Department of Fish and Wildlife & Clatsop COunty. 
Land Uses and Practices - Purchaser recognises that lands in the adjacent area may be managed for commercial farm use 
Purchaser acknowledges that adjacent land owners have the right to conduct such commercial farm management activities which are 
regulated by state farm practice rules and regulations, and will not attempt to impose additional restrictions on these activities 
All development shall occur consistent with Clatsop County's Land Water Development and Use Ordinance 
and all State and Federal Laws regarding the development of the proposed site. 
September 2, 2008 Staff Report Page 17 of 22 
Sandy, Plan Map/Zoning Map .Amendment and Goal Exception 
71 

(9/3/2008) Mike Weston - Re: Betty S_and/s_rezoning request 
From: 
To: 
Date: 
Subject: 
"Rodney Blacker" <rambytesrb@gmail.com> 
"Mike Weston" <MWESTON@co.clatsop or.us> 
8/29/2008 5:08 PM 
Re: Betty Sandy's rezoning request 
I agree that the zoning doesn't make sense for the amount of acres. However, 
many people with horses feed hay and don't use pastures year round. You 
can't have a horse in the city. And if you look at the north end of Dellmoor 
Loop, you will find on the west side of the road several 1 acre plots that 
have 3 or more structures on them. And they are all located on the railroad 
bed since the lower ground near Dellmoor Loop is too wet to build on without 
filling in the wetlands. I just don't want to see a small city with houses 
against each other on railroad bed. 
I would say, because of the unique environmental features of these lots 
(much wetland with little high ground), the zoning rules should treat them 
as maybe quarter acre building lots on 1 to 4 acre plots. A quarter acre 
would be roughly 50' x 200' Since the railroad bed averages maybe 50' wide, 
no lot should be less than 200 feet wide in order to get a quarter acre 
building site. So if Betty has 400 feet of railroad bed she should have to 
sell 200 feet of it at least along with however much of the lower pasture 
she wants in order to have a second buildable lot on the railroad bed for an 
additional house. Or have a rule of at least 100 feet between adjoining 
houses which would make it hard to place 2 on a one or two acre plot. What 
I'm saying is the lower acreage doesn't matter, the railroad acreage 
does. The density of houses on the railroad bed will determine how congested 
the area becomes and how much it feels like living in the country compared 
to suburbia. 
I also wonder how much the tax will change if the zoning changes. Lower 
taxes are another reason I picked this area to live in. I feel I paid in 
essence additional taxes to install the water hydrant for the city of 
Warrenton. If you change the zoning and my taxes increase with no additional 
benefits, I won't be happy with the new zoning. And i doubt if you would 
change the zoning to reduce taxes. 
I'm not trying to tell you or her what she can or can't do with her land. I 
don't know what she wants to do. Hopefully it won't affect me at all. I'm 
just letting you know my concerns for the whole area. Thank you kindly for 
considering my concerns. 
Respectfully, 
Rod Blacker 
On Fri, Aug 29, 2008 at 3:57 PM, Mike Weston <MWESTON@co.clatsop.or.us>wrote: 
> H Rod, 
> I have received your email and I will enter your concerns in the record. As 
? for the outcome I have no idea at this point which way it will go. That 
> decision is essentially up to the Planning Commission and the Board of 
> County Commissioners. However, I do write the recommendations and 1 will 
> consider the issues you have presented to me in this letter when drafting a 
> recommendation to the Planning Commission. Before I get to that point 
> though, is there any conditions to this zone change on the two acres that 
> might ease your concerns? 1 want to preserve the rural nature of the 
> property but the parcel does not appear to be suitable for cranberry 
> cultivation and two acres is not very much land to pasture horses on 
| (9/3/2008) Mike Weston - Re: Betty Sandy's rezoning request 
> indefinitely. It really doesn't make sense to make the parcel into a hay 
> field either as it would be lucky to produce even a couple tons of hay which 
> is hardly economically viable. With that in mind the applicants at this 
> point do have a decent claim, but again perhaps there are conditions that we 
> can impose that might limit the effect a single family dwelling would have 
> on the site. 
> Just a thought, 
> Mike W 
> 
> Michael J. Weston II, MPA 
> Planner, Trans & Dvlpmt. 
> Clatsop County 
> (503) 325-8611 ext. 1702 
"This message has been prepared on resources owned by Clatsop County, 
Oregon. It is subject to the internet and online services use policy and 
procedures of Clatsop County." 
> > » "Rodney Blacker" <rambytesrb@gmail.com> 8/29/2008 1:07 PM » > 
> I am adjacent to south boundary of Betty's property. I understand she is 
> not 
> wanting to change the zoning for her own use, but to develop the property 
> for additional housing for profit. To me this is a commercial operation, 
> not 
> a private one. The property is designated as mostly wetlands. The only area 
> not wetlands would be the old railroad bed where her house is located. To 
> place another house on the property would mean it would have to go on the 
> railroad bed closer to me unless she would fill in the wetlands where the 
> pasture is now. 
> 
> In 2006 I had a nice double wide trailer (1536 sq. ft.) on my 2 acres. I 
> wanted to build a new house and retain the trailer for guests. Because of 
> the wetland issue, I had to give my double wide away and build the new 
> house 
> on the exact same site. I was glad to do it to preserve the wetlands even 
> though I had to pay $5611 to install a water hydrant because I was 
> considered a developer since l had to build a new foundation for my 
> replacement house. I think an additional house on Betty's property would 
> impact the wetlands with more roads and expansion of the high ground on the 
> railroad bed to accommodate the new house. They have already impacted the 
> area with the new gate built on the wetlands and the bulldozed access road 
> from the railroad bed to the pasture (wetlands). 
> 
> Personally I did not move here in 2004 to have a lot of nearby neighbors. I 
> wanted a house in an agricultural area so there would not be a lot of next 
> door neighbors. If I wanted to live in a residential area, I had plenty of 
> opportunities elsewhere, Dellmoor Loop is nice, at least on the south end, 
> because houses are not packed close together. I chose my property because 
> of 
> the location and the existing zoning. If you capriciously change the zoning 
> of an area, you are messing with the personal values and investments of the 
> neighbors who chose to live there for the very reasons you are now 
> eliminatinq. 
39 
(973/2008) Mike Weston Re. Betty Sandy's rezoning request Page 3 
> I would not be against Betty building another house for her own use, but I 
> am against developing the rural setting and bringing in more people to 
> populate it. It just changes everything...the atmosphere will go from rural 
> to suburbia, quiet to noisy, peaceful to busy. I am very happy with all my 
> other neighbors. 
> 
> I was not initially happy to have to pay for a water hydrant which should 
> have been put in 25 years ago. But that just cost me money This change 
> will 
> cost me my lifestyle. I will be very unhappy if you change the zoning to 
> lower the quality of life I invested in when I bought my present property. 
> 
> Sincerely yours, 
> 
Rod Blacker 
> 89164 Dellmoor Loop 
> 503-717-0377 
> 
> This message has been prepared on resources owned by Clatsop County, 
> Oregon, It is subject to the Internet and Online Services Use Policy and 
> Procedures of Clatsop County 
% 
(9/3/2008) Mike Weston - Betty Sandy's rezoning request Page 1 
From: 
To: 
Date: 
Subject: 
8/29/2008 1:07 PM 
Betty Sandy's rezoning request 
<mweston@co.clatsop.or.us> 
'Rodney Blacker" <rambytesrb@gmail.com> 
I am adjacent to south boundary of Betty's property. I understand she is not 
wanting to change the zoning for her own use, but to develop the property 
for additional housing for profit. To me this is a commercial operation, not 
a private one The property is designated as mostly wetlands. The only area 
not wetlands would be the old railroad bed where her house is located. To 
place another house on the property would mean it would have to go on the 
railroad bed closer to me unless she would fill in the wetlands where the 
pasture is now. 
!n 2006 I had a nice double wide trailer (1536 sq. ft.) on my 2 acres. ! 
wanted to build a new house and retain the trailer for guests. Because of 
the wetland issue, I had to give my double wide away and build the new house 
on the exact same site. I was glad to do it to preserve the wetlands even 
though I had to pay $5611 to install a water hydrant because I was 
considered a developer since I had to build a new foundation for my 
replacement house i think an additional house on Betty's property would 
impact the wetlands with more roads and expansion of the high ground on the 
railroad bed to accommodate the new house. They have already impacted the 
area with the new gate built on the wetlands and the bulldozed access road 
from the railroad bed to the pasture (wetlands). 
Personally I did not move here in 2004 to have a lot of nearby neighbors. I 
wanted a house in an agricultural area so there would not be a lot of next 
door neighbors. If I wanted to live in a residential area, I had plenty of 
opportunities elsewhere. Dellmoor Loop is nice, at least on the south end, 
because houses are not packed close together. I chose my property because of 
the location and the existing zoning. If you capriciously change the zoning 
of an area, you are messing with the personal values and investments of the 
neighbors who chose to live there for the very reasons you are now 
eliminating. 
I would not be against Betty building another house for her own use, but I 
am against developing the rural setting and bringing in more people to 
populate it. It just changes everything...the atmosphere will go from rural 
to suburbia, quiet to noisy, peaceful to busy. I am very happy with all my 
other neighbors. 
I was not initially happy to have to pay for a water hydrant which should 
have been put in 25 years ago. But that just cost me money. This change will 
cost me my lifestyle. I will be very unhappy if you change the zoning to 
lower the quality of life I invested in when I bought my present property. 
Sincerely yours, 
Rod Blacker 
89164 Dellmoor Loop 
503-717-0377 
41 
.Vi'wV -"-.O?- .... " 
"V, " >I ;•.- • .;•: • 
, . • 1 
..... 
" •'> . - i'" " , : 
• i ', if 
•H. 
42 

Clatsop County 
Transportation & Development, Planning Div. 
800 Exchange Street, Suite 100, 
Astoria, OR 97103 
NOTICE OF PUBLIC HEARING 
BEFORE THE CLATSOP COUNTY PLANNING COMMISSION 
In The Matter of Ordinance 08-XX. an Ordinance Amending the Comprehensive 
P l a n / Z o n i n g Map. T h e proposed zone change will rezone approximately 3.5 acres of 
Exclusive Farm U s e to Residential Agriculture 2. T h e Property is located to the west of 
Delmore L o o p Road north of the Cranberry B o g s currently in operation at the corner of 
De lmoor Lp. and Lounsberry Ln. and identified by address as 89224 Dellmoor Loop Rd. T h e 
legal description for the property is identified as: T 7 N , R10W, Section 27 TL 201. 
For m o r e i n f o r m a t i o n s e e d e s c r i p t i o n o n top o f P a g e 2. 
ph: 503-325-8611 
fx: 503-338-3666 
em: comdev@co.clatsop.or.us 
www.co.clatsop.or.us 
D A T E O F H E A R I N G : 
T I M E : 
L O C A T I O N : 
C O N T A C T P E R S O N : 
Sep tember 9, 2008 
1:00 p m 
J u d g e G u y Boyington Building, 857 Commercia l Street , 
Astoria, O r e g o n 97103 
Michael W e s t o n II , Clatsop Coun ty Planner 
You are receiving this notice because you either own property within 750 feet of the property that serves as 
the subject of the land use application described in this letter, or you are considered to be an affected state or 
federal agency, local government, or special district. A vicinity map for the subject property is attached. 
NOTICE IS HEREBY GIVEN that the Planning Division of Clatsop County's Department of 
Transportation and Development has scheduled a public hearing on this matter before the Planning 
Commission at 11:00 AM on Tuesday, September 9m, 2008 at the Judge Guy Boyington Building, 857 
Commercial St, Astoria, OR 97103. 
Interested persons are invited to testify in person by attending the hearing, or they may submit testimony in 
writing by addressing a letter to the Clatsop County Planning Commission, 800 Exchange Street, Suite 100, 
Astoria, OR 97103. Written comments may also be sent via FAX to 503-338-3666 or via email to 
comdev@co-clatsop.or.us. Written comments must be received in this office no later than 5PM on 
Monday, September 8th, 2008 in order to be presented by Staff for submittal at the September 9 ' \ 2008 
public hearing. 
NOTE: Failure of an issue to be raised in a hearing, in person, or by letter, or failure to provide statements or 
evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes an appeal 
based on that issue. 
Notice to Mortgagee, Lien Holder, Vendor or Seller: ORS Chapter 215 requires that if you receive this 
notice it must prompdy be forwarded to the purchaser 
4 ? 
**THE LAND USE APPLICATION DESCRIBED** 
The applicant (Betty Sandy) is requesting to rezone approximately 3.5 acres of Exclusive Farm Use 
(EFU) zoned property to Residential Agriculture 2 for the purposes of developing a home site. The 
applicant claims that the parcel was improperly zoned at the conception of the ordinance for cranberry 
harvesting. The site has since not been used for the cultivation of cranberries but rather for grazing 
livestock. There are little to no wetlands on the subject parcel that would foster the cranberry 
cultivation and the applicant request is limited to the area west of Deilmoor Loop, south of the current 
farmhouse. 
The following criteria from Clatsop County Land and Water Development and Use Ordinance (LWDUO) 
apply to the request: §2.035 (Type IV Procedures for Land Use Applications), §2.105-§2.125 (Notice 
Requirements for Public Hearings). §2.300 (Legislation). § 3.200 (Residential Agriculture 2 acre), §3.560 
(Exclusive Farm Use 80 Acre), §4.050 (Beaches and Dunes Overlay),§5.400 (Zone Changes), & §5.350 
(Transportation System Impact Review). 
In addition the following elements of Clatsop County's Standards Document apply to the request: Chapters 
1-3 (Site Oriented Development), Chapter 4 (Environmental Protection), Chapter 5 (Vehicle Access Control 
and Circulation). 
In addition, the following elements of the Clatsop County Comprehensive Plan apply to the request: Goal 1 
(Cidzen Involvement), Goal 2 (Land Use Planning), Goal 3 (Agricultural Lands), Goal 4 (Forest Lands), Goal 
5 (Natural Resources, Scenic and Historic Areas and Open Spaces), Goal 6 (Air, Water, and Land Quality), 
Goal 7 (Natural Hazards) Goal 8 (Recreational Needs), Goal 9 (Economic Development), Goal 10 (Housing), 
Goal 11 (Public Facilities & Services), Goal 12 (Transportation), Goal 13 (Energy Conservation), Goal 14 
(Urbanization) and the Clatsop Plains Community Plan. 
These documents are available for review at the Clatsop County Planning Office, 800 Exchange Street, Suite 100, 
Astoria, Oregon and on-line at the county's website, www.co.clatsop.or.us. 
A copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria 
are available for inspection at the Planning Office during normal business hours (M-F, 8-5) at no cost and will be 
provided at reasonable cost. A copy of the staff report will be available for inspection at the Clatsop County Planning 
office at no cost at least seven days prior to the hearing and will be provided at a reasonable cost. 
If you have questions about this land use matter or need more information, please contact Michael Weston II, Clatsop 
County Planner, at (503) 325-8611 or via email at mweston@co.clatsop.or.us. 
I LL 
CO 
ILD fc 
44 
TaxlotKey Account Owner line Owner Address City State Zip Code 
710270001400 
710270003213 
71022D001703 
710270000300 
710270003229 
710270000400 
71022C001100 
710270000401 
710270000500 
710270000301 
710270000200 
710270000100 
710270003215 
710270003202 
71022DC00800 
71022D001702 
71022DC00700 
71022D001701 
710270003211 
71022D001704 
Laren Wooley 
Clatsop Soil & 
Water 
Conservation 
1165 Avenue A 
1807 Grindmore St 
17778 Ryan Joan V 
Major John 
17847 E/Danny 
Thompson Phillip 
17699 A 2657 Hwy 101 N #15 
Bresko 
Barbara/Jacob 
17747 Brown 3217 SE Yelm Ave #26 
Hazen 
53891 Roy/Carolyn 33571 Wild Daffodil Ln 
17750 Ausland Susan Tr 582 Granite Hill Rd 
Clatsop County 
17631 Dev Train Ctr 
Kaino Ronald 
17751 E/LoisA 
Taylor Marvis 
17752 A/Marjory 
Blacker Rodney 
17749 A/Elizabeth E 
Sandy Betty/Lois 
51889 Moon 
Johnston-
Finucane Cheryl 
17741 A 
Klemp Dennis 
17849 M/MelodiG 
Carlson Roy A 
17836 Jr/Kathy J 
65 N Hwy 101 #205 
89111 Dellmoor Lp 
89123 Dellmoor Lp 
89164 Dellmoor Lp 
89224 Dellmoor Loop Rd 
89248 Dellmoor Loop Rd 
89253 Hwy 101 
89276 Dellmoor Lp 
17712 Mork Constance I 89300 Dellmoor Lp 
Monfelt Gary 
17698 Dean/Kathy Jean 89307 Dellmoor Lp 
Macomb Walter 
17711 E/Kathleen D 89308 Dellmoor Lp 
17697 Smith Delores J 92036 Spirit Place Rd 
Trenholm 
53892 MarilynAVilford Po Box 2039 
Newhall 
17700 John/Nancy PO Box 2593 
DLCD - Oregon 
Coast 
Seaside 
Las Vegas 
Seaside 
Olympia 
Warrenton 
Grants 
Pass 
Warrenton 
Warrenton 
Warrenton 
2226 Coast Highway, Bx 320 Newport 
750 Commercial St, #207 Astoria 
OR 
NV 
OR 
WA 
OR 
OR 
OR 
OR 
OR 
Warrenton OR 
Warrenton OR 
Warrenton 
Warrenton 
Warrenton 
Warrenton 
OR 
OR 
OR 
OR 
Warrenton OR 
Warrenton 
Warrenton 
Gearhari 
Gearhart 
OR 
OR 
OR 
OR 
OR 
OR 
97138 
89135 
97138 
98501 
97146 
97526 
97146 
97146 
97146 
97146 
97146 
97146 
97146 
97146 
97146 
97146 
97146 
97146 
97138-
2039 
97138 
97365 
97103 
4 5 
CREST 
Christine 
Marcia 
Clarke W 
Mike 
Cary 
Brian 
750 Commercial St, #205 
1255 SW 9,h Street Bridgens 
Harper-Vellutini P.O Box 697 
Powers 89975 Surf Pines Landing 
Road 
Autio 93750 Autio Loop 
Johnson 37751 Hwy 30 
Pogue 35103 Hwy26 
Astoria OR 
Warrenton OR 
Warrenton OR 
Warrenton OR 
Astoria 
Astoria 
Seaside 
OR 
OR 
OR 
97103 
97146 
97146 
97146 
97103 
97103 
97138 
AC. 

Development Permit 
Clatsop County Planning and Development 
800 Exchange St Ste 100 
Astoria, OR 97103 
Ph. (503) 325 -8611 Fax (503)338 - 3666 
For Department Use Only 
Permit #: 20080387 
Permit Type: Type IV 
Entry Dale: 6/24/2008 
Entered By: Michael Weston 
Assigned To: Michael Weston 
Permit 
Status Pending 
Permit Timeiine 
User Status Date 
Michael Weston Entered 06/24/2008 
Michael Weston Assigned 06/24/2008 
-
Proposed Use 
Proposed Use: Zone Change 
Zone: EFU 
Overlay District: BDO 
Description: Zone Change EFU to RA-2 
Project Location 
Address: 
City: 
TaxLot Desc. T R S Q S Qq S Taxlot 
State: OREGON 7 10 27 0 0 00201 
Directions. 
Applicant/Owner/Agent 
Applicant: 
Owner: Name: Sandy Betty Lena Tr & Sandy Betty L Trust Ph. #: ( ) -
Address: 89224 Dellmoor Loop Rd Cell: ( ) -
City, State, Zip: Warrenton, OR 97146 Fax:( ) -
Agent: Name/Type: Ph. #: ( ) -
Address: Ceil: ( ) -
City, State, Zip: Fax: ( ) -
Fees 
Fee Type: Permit Fee Total: 
Planning/Development $2,175.00 
Total: $2,175.00 
Receipt 
Payor Name: Pymnt Type Check # Pymnt Date Pymnt Amount: 
Sandy Betty Lena Tr Credit Card 06/24/2008 $2,175.00 
Balance Due: $0-0? 
Signatures 
1. For Commercial and industrial uses, Include parking and loading plan, sign plan and erosion control plan. 
2. For residential and other uses, include an erosion control plan. 
3. Review attached applicant's statement and sign below. 
I have read and understand the attached APPLICANT'S STATEMENT and agree to abide by the terms thereof. 
Applicant Signature. Date: 
Owner Signature: Date: 
Agent Signature: Date: 
6/24/2008 Page 2 of 3 
48 
Development Permit For Department Use Only 
Clatsop County Planning and Development 
800 Exchange St Ste 100 
Astoria, OR 97103 
Permit #: 20080387 
Ph (503) 325-8611 Fax (503)338 3666 
Zoning District Requirements 
Property Access Info. - ••-
Access to Property 
County Permit Required? 
State Permit Required? S1 
S2: 
R: 
Direction 
Setbacks 
Req. Actual 
Property Information 
Compliance/Conditions of Approval 
Clatsop County Compliance 
Except as noted, the Clatsop County Community Development Department finds the proposed use(s)/action(s) in compliance with the Clatsop County 
Land & Water Development and Use Ordinance and with the Clatsop County Comprehensive Plan. 
The evaluation of the land parcels outlined above is based on the information presented at this time, standards provided in the Clatsop County Land & 
Water Development & Use Ordinance, and policies of the Comprehensive plan, and the Zoning/ Comprehensive Plan Map. 
The applicant or property owner must comply with the conditions noted below and on the attached applicants statement. 
This permit is not valid unless the conditions are met. 
Entered by: Michael Weston 
Entered Date: 06/24/2008 
Applicants Signature: 
Clatsop County Authorization. 
6/24/2008 
Date: 
Date: 
Page 2 of 3 
49 
Development Permit 
Applicant's Statement 
1 Pertaining to the subject property described, I hereby declare that I am the legal owner of record, 
or an agent having the consent of the legal owner of record, and am authorized to make the 
application for a Development Permit/Action so as to obtain the following permits; Building, 
Sanitation, U.S. Army Corps of Engineers, Oregon Division of State Lands, Oregon Department of 
Transportation, Oregon Department of Parks and Recreation, or a Clatsop County Road Approach. 
I shall obtain any and all necessary permits before I do any of the proposed uses or activities. The 
statements within this application are true and correct to the best of my knowledge and belief. I 
understand that if the permit authorized was based on false statements, or it Is determined that I 
have failed to fully comply with all conditions attatched to and made a part of this permit, this permit 
approval is hereby revoked and null and void. 
2. It Is expressly made a condition of this permit that I at all times fully abide by all State, Federal, and 
local laws, rules, and regulations governing my activities conducted or planned pursuant to this 
permit. 
3. As a condition for issuing this Development Permit/Action, the undersigned agrees that he/she will 
hold Clatsop County harmless from and indemnify the County for any and all liabilities to the under-
signed, his/her property or any other person or property, that might arise from any and all claims, 
damages, actions, causes of action or suits of any kind or nature whatsoever, which might result 
from the undersign's failure to build, improve or maintain roads which sen/e as access to the 
subject property or from the undersign's failure to fully abide by any of the conditions included in or 
attached to this permit. 
4. WAIVER OF VESTED RIGHTS DURING APPEAL PERIOD FOR ZONING AUTHORIZATIONS 
I have been advised that this Land and Water Development Permit/Action by the Clatsop County 
Community Development Director may be appealed within twelve (12) calendar days of the date of 
of permit issuance and authorization (note, if the twelfth day is a Saturday, Sunday or legal holiday, 
the appeal period lasts until the end of the next day which is not a Saturday, Sunday or legal 
holiday) I understand that if the approval authorized by the County and referenced above is 
reversed on appeal, then the authorization granted prior to the end of the appeal period will be null 
and void. I further understand and consent to the fact that any actions taken by me in reliance 
upon the authorization granted during the appeal period shall be at my own risk, and that I hereby 
agree not to attemp to hold Clatsop County responsible for consequenses or damages in the event 
that removal of improvements constructed during the appeal period is ordered because an appeal 
is sustained. 
5.1 am aware that failure to abide by applicable Clatsop County Land and Water Development and 
Use Ordinance 80-14, as amended and Standards Document regulations may result in revocation 
of this permit or enforcement action by the County to resolve a violation and that enforcement 
action may result in levying of a fine. 
6.1 understand that a change in use, no matter how insignificant, may not be authorized under this 
permit and may require a new Development Permit/Action (check first, with the Clatsop County 
Community Development Department). 
7.1 understand that this Development Permit/Action expires 180 days from the date of issuance 
unless substantial construction or action pursuant to the permit has taken place. Upon expiration, 
a new development permit must be obtained. 
6/24/2008 Page 2 of 3 
50 
Betty L. Sandy 
The following documents are submitted by Betty L. Sandy of 89224 Dellmoor 
Loop Rd., Warrenton, Oregon to support a zone change and show that a zone 
change from EFU to RA2 is consistent with all requirements as outlined below. 
A zone change and goal exception may be permitted if the following requirements 
are met. 
1) It is consistent with the Clatsop County Comprehensive Plan Elements 1-18. 
2) It is consistent with the applicable Community Plan, (Clatsop Plains) and complies with 
Section 5.412 of the Clatsop County Land and Water Development and Use Ordinance #80-14. 
3) The zone change meets certain goal exception criteria as set forth in ORS 197.732 Goal 
Exception; criteria, rules; review 
The documents are submitted in the following order. 
Sect ion 1: Application for Zone Change. Ownership and Property details pages 2-4 
1) Application 
2) Owner/Applicant — Betty L. Sandy 
3) Property Detail 
Section 2: Clatsop Plains Community Plan Elements (Goals 1-18) pages 5-7 
Section 3: Clatsop County Land and Water Development and Use Ordinance 
Section 5.412 page 8 
Section 4: Exception to Goal 3; Application, criteria, and findings to support 
a goal exception. pages 9-15 
Section 5: Exhibits pages 16-35 
Section 6: Sources page 36 
1 
51 
COMPREHENSIVE PLAN/ZONING 
MAP AMENDMENT 
Fee: $977.00 (required with application) 
$2175.00 (required with application) 
PROPOSED USE: ft 
Zoning Comprehensive Plan Designation 
Current: £ f U A y I c J l c ^ 
Proposed: 
I A I R\ 1 7 C R M M I A M ( \ r H D A T ) ! ; N T V * L i t u m j uaov^ iu i n u n V/JI i i \ u i I 
T. ? R: (6 S: 7 TL. M } ACRES: 2,(el 
OTHER ADJACENT PROPERTY OWNED BY THE APPLICANT: 
T" 7 R. (0 S: "7t 7 T L . H ^ j T ACRES / . ? ? 
T: T: / 0 S: 17 TL ACRES: / 
APPLICANT 1: (Mandatory) 
Name: / £ / . Phone # (Day): ? ? 
Mailing Address: P ^ / t ^ ^ n — . £ F A X #: 
City/State/Zip: / j A ^ w ^ Z ^ t f t 6 Signature: / 
PROPERTY OWNER. (Mandatory if different than applicant) 
Name: , Phone # (Day) 
Mailing Address FAX #: 
City/State/Zip: Signature 
PROPERTY OWNER #2 / SURVEYOR / AGENT / CONSULTANT / ATTORNEY: (optional) 
Name: Phone # (Day): 
Mailing Address: FAX #: 
City/State/Zip: Signature: 
Community Development Department 
800 Exchange, Suite 100 * Astoria Oregon 97103 * (503) 325-8611 * FAX 503-338-3666 
W:\PL\appsandf l lve r s \ comp plan zone map a m e n d m e n t . d o c S / 1 / 0 3 
52 
Each of the following criteria and standards must be addressed by the applicant The information needed to 
address these criteria should be submitted on separate 8.5" by 11" sheets of paper, typed. 
1. The map change must be consistent with the Comprehensive Plan. The Comprehensive Plan includes the 
following elements: 
Goal 1 - Citizen Involvement 
- Goal 2 - Land Use Planning 
¥ Goal 3 - Agricultural Lands 
Goal 4 - Forest Lands 
Goal 5 - Open Space 
* Goal 6 - Air, Water and Land Resources Quality 
Goal 7 - Natural Hazards 
¥ Goal 8 - Recreational Needs 
Goal 9 - The Economy 
K Goal 10 - Housing 
Goal 11 - Public Facilities and Services 
Goal 12 - Transportation 
* Goal 13 - Energy Conservation 
¥ Goal 14 - Urbanization 
Goal 16 - Estuarine Resources 
Goal 17 - Coastal Shorelands 
Of; Goal 18 - Beaches and Dunes 
Southwest Coastal Community Plan 
Northeast Community Plan 
Elsie/Jewell Community Plan 
Seaside Rural Community Plan 
Lewis and Clark/Olney/Walluski Community Plan 
^ Clatsop Plains Community Plan 
Some of these elements of the Comprehensive Plan are not applicable to the proposed map amendment. County 
staff will help identify applicable plan elements and policies. 
2. Also address the following from Section 5.412. Zone Chanae Criteria of the Clatsop County Land and Water 
Development and Use Ordinance #80-14. 
1 The proposed change is consistent with the policies of the Clatsop County Comprehensive Plan. 
2. The proposed change is consistent with the statewide planning goals (ORS 197) 
3. The property in the affected area will be provided with adequate public facilities and sendees including, but 
not limited to: 
1 Parks, schools and recreational facilities 
2. Police and fire protection and emergency medical service 
3. Solid waste collection 
4. Water and wastewater facilities 
4. The proposed change will insure that an adequate and safe transportation network exists to support the 
proposed zoning and will not cause undue traffic congestion or hazards. 
5. The proposed change will not result in over-extensive use of the land, will give reasonable consideration 
to the character of the area, and will be compatible with the overall zoning pattern. 
6. The proposed change gives reasonable consideration to peculiar suitability of the property for particular 
uses 
7. The proposed change will encourage the most appropriate use of land throughout Clatsop County 
8. The proposed change will not be detrimental to the health, safety, and general welfare of Clatsop County. 
W : \ P L \ a p p s a n d f l l y e r s \ c o m p plan z o n e m a p a m e n d m e n t , d o c 8 ' ' i / 0 3 
S3 
3 The property in the affected area must be presently provided with adequate public facilities, sendees and 
transportation networks to support the use: or the governing body by condition requires their provision by 
condition attached to any approval of use. 
OFFICE USE ONLY date received application #: 
date complete: R&O/Ords: 
W \PL\nppsandf l lyers \comp plan z o n e m a p amendment.dr>i_8'l 03 
V 
Betty L. Sandv 
SECTION 2: County wide elements for land use for the proposed re-zoning of 
Betty L. Sandy property; tax lots 201, 202 and 1006 located on Dellmoor Loop 
Rd., "Warrenton, Oregon. 
Goal It Citizen Involvement. 
Citizens will be provided the opportunity to be involved consistent with policies set forth in 
the goals and guidelines for Land Use Planing in Clatsop County as stated in the Clatsop 
County Comprehensive Plan codified May 29, 2007. 
Goal 2: Land Use Planning. 
The Clatsop County Comprehensive Plan recognizes the increased demand for rural housing 
in Clatsop County. The proposed zone change from EFU to RA2 will help meet this goal. 
The proposed zoning change will allow for more County property available for residential use 
in an area that has; public facilities, services, roads, fire protection, and city water. Also, the 
property is less than 15 acres. In general the area is primarily residential and falls within a 
residential development pattern of 2 to 5 acre parcels. Re-zoning is consistent with the 
existing development patterns in the Dellmoor Loop area. There will be little or no impact on 
stated goals for land use in Clatsop County with regard to forest lands, natural areas or rural 
agricultural lands. 
Goal 3t Agricultural Lands. 
The zone change to RA2 will not change existing agriculture. Currently, South of tax lot 201, 
cranberries are the primary agricultural product. However, residences are located immediately 
South, East, and North of tax lot 201. The lot size prohibits its use for a profitable 
agricultural venture, thus its highest and best use is residential with no impact on existing 
agricultural operations. The requested zone change is consistent with goals for agricultural 
lands that are committed to other uses, specifically for RA2.(See detailed reasons submitted with 
Goal 3 Exception application). 
Goal 4: Forest Lands. 
There will be no impact on forest lands. 
Goal 5: Open Spaces, Scenic and Historic Areas and Natural Resources. 
The zoning change requested will have no impact on stated goals; to conserve open space, and 
to protect natural and scenic resources. 
The wildlife present is primarily elk, deer, coyote, and water fowl that use West Lake. The 
proposed zoning change will not effect these as the area is a well developed residential area 
co-existing with wildlife that is present. 
Goal 6: Air. Water and Land Quality. 
There will be no impact on air, water, and land quality as Warrenton water is provided on 
Dellmoor Loop Rd. and sand filters or septic systems are utilized by existing residents. 
5 
55 
Betty L. Sandy 
Goal 7: Natural Hazards. 
There are no natural hazards on the property for which the zone change is requested. 
Goal 8: Recreational. 
There are no public recreation areas on the property and there will be no impact on existing 
recreation in the area, i.e. Cullaby Lake, Cullaby Creek, West Lake or Horse Arena (Whiterail 
Acres). 
Goal 9: Economy. 
The primary potential effect on the economy of the State or Clatsop County for the proposed 
change to RA2 are, the potential impacts associated with cost of site preparation and building 
of a residence, other property improvements, increased taxes, and greater use of recreational 
facilities in the area. 
Goal 10: Population and Housing. 
The proposed zone change to RA2 will help meet the housing needs of Clatsop County 
citizens as stated in the Clatsop County Comprehensive Plan. 
The public facilities and services required for a zone change exists on Dellmoor Loop Rd. A 
single family residence will not significantly impact population growth projections for the 
area. 
Goal 11: Public Facilities and Services. 
There will be no significant impact on public facilities and sendees as these are currently 
provided to residences on Dellmoor Loop Rd. The impact would be that necessary to "hook 
up" necessary utilities for a residence. 
Goal 12: Transportation. 
No direct access to Hwy. 101 is proposed as Dellmoor Loop Rd provides access to Hwy. 101 
North and South of the property. 
Goal 13: Energy Conservation. 
Any buildings, (residence, etc.) that may be built will comply with all building codes required 
by Clatsop County for Warrenton, Clatsop Plains, and the State of Oregon. 
Goal 14: Urbanization. 
The property lies outside any existing Urban Growth Boundaries. 
Goal 15: Not applicable. 
Goal 16 and 17: Estuarine and Coastal Shore Lands. 
No impact on existing estuaries or coastal shore lands. 
b 
56 
Betty L. Sandv 
Goal 18: Beaches and Dunes. 
The property is a non-beach, stabilized old dune area; therefore, no impact on stated goals and 
policies for protection, conservation, and restoration of coastal beach and dune areas. 
7 
57 
Betty L. Sandy 
SECTION 3: Clatsop Plains Elements for Land Use Plan for the proposed 
zone change for Tax Lots 201, 202, and 1006. 
The land is predominantly flat and the old stabilized sand dune provides an excellent residential 
building site. The zone change requested is consistent with the existing residential development 
of the area. Further, a zone change would not diminish any forest, dunes, open space, views, 
wildlife habitat, recreation, scenic, or historic area of Clatsop Plains. 
The Clatsop Plains aquifer policy will be complied with as zone changes are subject to review 
by the Planning Commission and Department of Planning and Development. 
A zone change to RA2 provides the opportunity to meet stated housing goals for Clatsop 
Plains; without requiring additional public facilities, fire protection, or access roads. 
In summary, the requested zone change from EFU to RA2 is compatible with the predominant 
characteristics of a primarily residential development in the Clatsop Plains. Further, the 
requested zone change is consistent with Section 5.412. Zone change criteria as stated in the 
Clatsop County Land and Water Development Land Plan. 
5 
58 
Betty L. Sandv 
•pages 9-12 
-page 13 
pages 13-14 
SECTION 4: 
1) Application 
2) Exception Criteria-
3) Findings 
5 9 
This Page Left Blank Intentionally 
* 
60 

Development Permit 
Clatsop County Planning and Development 
800 Exchange St Ste 100 
Astoria, OR 97103 
Ph. (503) 325 -8611 Fax (503) 338 - 3666 
For Department Use Only 
Permit 20080386 
Permit Type: Type IV 
Entry Date: 6/24/2008 
Entered By: Michael Weston 
Assigned To: Michael Weston 
Permit 
Pending Status. 
Permit Timeline 
User 
Michael Weston 
Michael Weston 
Status 
Entered 
Assigned 
Date 
06/24 /2008 
06 /24 /2008 J 
Proposed Use 
Proposed Use; Goal Exception 
Zone: EFU Description: Goal Exception 
Overlay District: BDO 
Project Location 
Address: TaxLot Desc: I R S Q S Qq S Taxlot 
Ciiy: A n C A A M Oicue. ur\L«ui i i n 17 n n tV i*l W v Q02Q1 
Directions: 
Applicant/Owner,'Agent 
Applicant: 
Owner: Name: Sandy Betty Lena Tr & Sandy Betty L Trust Ph. #: ( ) -
Address: 89224 Dellmoor Loop Rd Cell: ( ) -
City, State, Zip: Warrenton, OR 97146 Fax: ( ) -
Agent: Name/Type: Ph. #: { ) -
Address: Cell: ( ) -
City, State, Zip: Fax: ( ) -
Fees 
Fee Type: Permit Fee Total: 
Planning/Development $2,481.00 
Total: $2,481.00 
Receipt 
Payor Name. Pymnt Type Check # Pymnt Date Pvmnt Amount: 
Sandy Betty Lena Tr Credit Card 06/24/2008 $2,481.00 
Balance Due: $0.00 
Signatures 
1. For Commercial and industrial uses, include parking and loading plan, sign plan and erosion control plan. 
2. For residential and other uses, include an erosion control plan. 
3. Review attached applicant's statement and sign below. 
I have read and understand the attached APPLICANT'S STATEMENT and agree to abide by the terms thereof. 
Applicant Signature: Date. 
Owner Signature: Date: 
Agent Signature: Date: 
6/24/2008 Page 1 of 3 
Development Permit For D e p a r t m e n t Use O n l y 
Clatsop County Planning and Development 
800 Exchange St Ste 100 
Astoria. OR 97103 
Ph. (503)325- 8611 Fax (503) 338 - 3666 
Permit 20080386 
V;. Zoning District Requirements 
Property Access Info. 
Access to Property Setbacks I Direction Req. Actual: 
County Permit Required? I F: i 
State Permit Required? ! 31 : : 
• S2: \ 
R: 
Property information 
Compliance/Conditions of Approval 
Clatsop County Compliance 
Except as noted, the Clatsop County Community Development Department finds the proposed use(s)/action(s) in compliance with the Clatsop County 
Land & Water Development and Use Ordinance and with the Clatsop County Comprehensive Plan. 
The evaluation of the land parcels outlined above is based on the information presented at this time, standards provided in the Clatsop County Land & 
Water Development & Use Ordinance, and policies of the Comprehensive plan, and the Zoning/ Comprehensive Plan Map. 
The applicant or property owner must comply with the conditions noted below and on the attached applicants statement. 
This permit is not valid unless the conditions are met. 
Entered by: Michael Weston 
Entered Date: 06/24/2008 
Applicants Signature: 
Clatsop County Authorization: 
6/24/2008 
Date: 
Date: 
Page 2 of 3 
63 
Development Permit 
Applicant's Statement 
1. Pertaining to the subject property described, I hereby declare that / am the legal owner of record, 
or an agent having the consent of the legal owner of record, and am authorized to make the 
application for a Development Permit/Action so as to obtain the following permits: Building, 
Sanitation, U.S. Army Corps of Engineers, Oregon Division of State Lands, Oregon Department of 
Transportation, Oregon Department of Parks and Recreation, or a Clatsop County Road Approach. 
I shall obtain any and all necessary permits before I do any of the proposed uses or activities. The 
statements within this application are true and correct to the best of my knowledge and belief. I 
understand that if the permit authorized was based on false statements, or it is determined that I 
have failed to fully comply with all conditions attatched to and made a part of this permit, this permit 
approval is hereby revoked and null and void. 
2. It is expressly made a condition of this permit that I at all times fully abide by all State, Federal, and 
local laws, rules, and regulations governing my activities conducted or planned pursuant to this 
permit. 
3. As a condition for issuing this Development Permit/Action, the undersigned agrees that he/she will 
hold Clatsop County harmless from and indemnify the County for any and all liabilities to the under-
signed, his/her property or any other person or property, that might arise from any and all claims, 
damages, actions, causes of action or suits of any kind or nature whatsoever, which might result 
from the undersign's failure to buiid, improve or maintain roads which serve as access to the 
subject property or from the undersign's failure to fully abide by any of the conditions included in or 
attached to this permit. 
4. WAIVER OF VESTED RIGHTS DURING APPEAL PERIOD FOR ZONING AUTHORIZATIONS. 
I have been advised that this Land and Water Development Permit/Action by the Clatsop County 
Community Development Director may be appealed within twelve (12) calendar days of the date of 
of permit issuance and authorization (note: if the twelfth day is a Saturday, Sunday or legal holiday, 
the appeal period lasts until the end of the next day which is not a Saturday, Sunday or legal 
holiday). I understand that if the approval authorized by the County and referenced above is 
reversed on appeal, (hen the authorization granted prior to the end of the appeal period will be null 
and void. I further understand and consent to the fact that any actions taken by me in reliance 
upon the authorization granted during the appeal period shall be at my own risk, and that I hereby 
agree not to attemp to hold Clatsop County responsible for consequenses or damages in the event 
that removal of improvements constructed during the appeal period is ordered because an appeal 
is sustained. 
5.1 am aware that failure to abide by applicable Clatsop County Land and Water Development and 
Use Ordinance 80-14, as amended and Standards Document regulations may result in revocation 
of this permit or enforcement action by the County to resolve a violation and that enforcement 
action may result in levying of a fine. 
6.1 understand that a change in use, no matter how insignificant, may not be authorized under this 
permit and may require a new Development Permit/Action (check first, with the Clatsop County 
Community Development Department). 
7.1 understand that this Development Permit/Action expires 180 days from the date of issuance 
unless substantial construction or action pursuant to the permit has taken place. Upon expiration, 
a new development permit must be obtained. 
6/24/2008 Page 1 of 3 
APPLICATION FOR 
GOAL EXCEPTION 
Fee: £2.481 (Required with application) 
• 10 • 12 D 14 
D amend existing exception 
PROPOSED USE: J I 
ZONE. 
EXCEPTION TO GOAL D 4 
0 16 D17 D18 D other: 
LEGAL DESCRIPTION OF PROPERTY: 
T: 7 R: jO S: 1 7 TL: M l ACRES: 3-6 3 
OTHER ADJACENT PROPERTY OWNED BY THE APPLICANT: 
T: R / 6 S: A 7 TL. 3 2 A C R E S : « f ^ 
T : . J L _ R'- S: TL; ACRES: h ?Y 
APPLICANT 1: (mandatory) 
Name: / • < ^ i t ^ y i ^ ^ i Phone # (Day): 
Mailing Address: f j ^ j j L e J l ^ S ^ k L ' ^ - f Fax*: 
City/State/Zip: (Pp. cf 7 S i g n a t u r e : 
PROPERTY OWNER: (mandatory if different than applicant) 
Name: Phone # (Day):. 
/ - Z m ^ 
Mailing Address:. 
Citv/State/Zip: 
Fax#: 
Signature: 
ARCHITECT/ENGINEER/SURVEY OR/CONSULT ANT: (optional) 
Name: Phone # (Day): 
Fax #: M a i l i n g Address : . 
Ci ty /Sta te /Zip: Signature: 
Community Development Department 
800 Exchange, Suite 100 * Astoria, Oregon 97103 * (503) 325-861 1 * FAX 503-338-3666 
\o 
W:\PLAappsMwtfllyers\goal exccption.doc8/l/03 
65 
Each of the following criteria and standards must be addressed by the applicant. The 
information needed to address these criteria should be submitted on separate 8.5" by 11" 
sheets of paper, typed. 
1 exception.is a comprehensive plan provision, including an amendment to an 
—Acknowledged comprehensive plan, that: 
a.^ik applicable to specific properties or situations and does not establish a planning or 
{^  "'"zoning policy of general applicability, 
b. does not comply with some or all goal requirements applicable to the subject properties 
or situations; and 
cj. complies with standards for an exception. 
£=•5. There are three kinds of goal exceptions • 
a. The land subject to the exception is physically developed to the extent that it is no 
longer available for uses allowed by the applicable goal 
jllie land subject to the exception is irrevocably committed to uses not allowed by the 
p'plicable goal because factors make uses allowed by the applicable goal impracticable. i f 
c. The following four-part test is met (a reasons exception'): 
(1) Reasons justify why the state policy embodied in the applicable goals should 
not apply. 
(2) Areas which do not require a new exception cannot reasonably accommodate 
the use, 
(3) The long term environmental, economic, social and energy consequences 
resulting from the use at the proposed site with measures designed to reduce 
adverse impacts are not significantly more adverse than would typically 
result from the same proposal being located in areas requiring a goal 
exception other than the proposed site; 
(4) The proposed uses are compatible with other adjacent uses or will be so 
rendered through measures designed to reduce adverse impacts. 
Requirements for exception V ' are described under paragraph 3, below. Requirements for 
^exception "b" are found l r fparagrap^^ exception1^" are in paragraph 5. 
lie county may adopt an exception to a goal when the land subject to the exception is 
ysically developed to the extent that it is no longer available for uses allowed by the applicable 
goal. Whether land has been physically developed with uses not allowed by the applicable goal 
| } 
W \i ;L'.appsan(iniyers\goal except ion. doc i>/1<03 
66 
will depend on the situation at the site of the exception. The exact nature and extent of the areas 
found to be physically developed shall be clearly set forth in the justification for the exception. 
The specific area(s) must be shown on a map or otherwise described and keyed to the appropriate 
findings of fact. The findings of fact shall identify the extent and location of the existing 
physical development on the land and can include information on structures, roads, sewer and 
water facilities, and utility facilities. Uses allowed by tine applicable goal(s) to which an 
exception is being taken shall not be used to justify a physically developed exception. 
tie county may adopt an exception to a goal when land is irrevocably committed to uses not 
owed by the applicable goal because factors make uses allowed by the goal impracticable. 
Whether land is irrevocably committed depends on the relationship between the exception area 
and the lands adjacent to it. The findings for a committed exception must address: 
a. characteristics of the exception area; 
b. characteristics of adjacent lands; 
c. the relationship between the exception area and adjacent lands; 
d. adjacent uses; 
e. existing public facilities and services; 
f. parcel size and ownership patterns on the exception area and on adjacent lands; 
g. neighborhood and regional characteristics; 
h. natural or man-made features or other impediments separating the exception area 
from adjacent resource land; 
i. physical development; 
j. other relevant factors. 
5 The county may adopt an exception to a goal if all four of the following standards are met: 
a. Reasons justify why the state policy embodied in the applicable goals should not 
apply; 
b. Areas which do not require a new exception cannot reasonably accommodate the use; 
c. The long term environmental, economic, social and energy consequences 
resulting from the use at the proposed site with measures designed to reduce 
adverse impacts are not significantly more adverse than would typically result from 
the same proposal being located in areas requiring a goal exception other than the 
proposed site; 
I 
W:\PlAappsandniyttrs\goal exception.docS/i/03 
67 
d The proposed uses are compatible with other adjacent uses or will be so rendered 
through measures designed to reduce adverse impacts. 
Oregon Administrative Rules Chapter 660, Division 4. provide a great deal of information 
about the exception requirements for this type of exception County Community Development 
department staff can provide a copy of these rules, or they can be obtained from the Oregon 
Department of Land Conservation and Development. 
application #. 
T, R>. , I N rvaiu/L'ruF: 
W:\PL\appsandtllycrs\sGal CACcplion.docS/l/OS 13 
68 
Betty L. Sandv 
G o a l E x c e p t i o n Cri ter ia used as being applicable to the request for an exception to Goal 3 
as follows: 
"The land subject to the exception is irrevocably committed to uses not allowed by the 
applicable goal because factors make uses allowed by the applicable goal impracticable." (ORS 
197.732) 
The 5.99 acres of the subject property is of insufficient size to support a viable agricultural use 
and properties in the general area are irrevocably committed to residential uses and are zoned 
RA2, not EFU. (Exhibit A; p 17-18) 
Goal 3: (Agricultural Lands) of the Clatsop County Comprehensive Plan 
states: To Preserve and maintain agricultural lands. 
Pol i c i e s : Among the stated policies the primary emphasis is on; preserving existing farming 
communities, encourage consolidation of EFU land into large efficient farm units, conserve 
agricultural land meeting criteria for forest land in sufficient parcel size for forest uses, and 
encourage division of underutilized agricultural land into small tracts for part-time hobby 
farming where large farms are impractical or where the area is determined to be committed to 
other uses. 
The above policy is relevant to the subject property consisting of 5.99 acres. The properties to 
the North are zoned RA2, with established residences. There are residences to the South and 
East of the subject property. Immediately adjacent to the West is RA2 property and West Lake. 
Agricultural uses of other properties located on Dellmoor Loop Rd are the cranberry bogs to the 
South. A public stable is located to the East. However, the subject property is in an area 
primarily committed to residential uses. 
The size of the property prohibits the economic feasibility of agricultural uses for 5.99 acres. 
The findings to support this are: 
Findings: 
1) The Clatsop County Soil Survey of 1984 indicates the major soil to be of Gearhart type 
primarily suitable for cropland, homesites and wildlife habitat. The primary crops are berries, 
grasses, and legumes; all requiring adequate fertilization of nitrogen, phosphorus, potassium, 
and lime. Also, the Soil Survey states that to maximize production it is necessary to prevent 
wind erosion, rotate crops and/or grazing, control weeds, and fertilize annually. Irrigation would 
slightly increase the crop yield per acre. Also, there is some Bergsvik type soil that is not 
suitable to agricultural uses according to the Soil Survey Study. (Exhibit B , pages 19-23,25) 
6 9 
Betty L. Sandv 
2) The primary agricultural operation in the area is the growing of cranberries. According to 
local cranberry growers on Dellmoor Loop Road, Warrenton, the subject property may provide 
for about 3 acres of cranberry bogs. To begin land preparation for cranberry bogs one must 
secure the appropriate permits from various agencies such as; the Corp of Engineers, Soil 
Conservation, Wildlife and Environmental Protection. This is a lengthy, costly process and a 
difficult if not impossible task to accomplish. Estimated costs, after permits, to prepare 3 acres 
for cranberry bogs is $62,000.00 plus the costs of a pond, irrigation system, pump, equipment 
for maintenance of bogs and harvesting of fruit produced. Irrigation and maintenance requires a 
source for water and sand which is not readily available to the property 
It takes 4-5 years for a bog to start producing an estimated 50 barrels / acre on the Dellmoor Loop bogs. 
The market price for cranberries in 2007 was $52.00 / barrel. Thus, a 3 acre bog would provide for 
about $8500.00 gross revenue per year. According to a Washington State grower a really "good" 
grower could make a meager living on $62,500.00 gross revenue per year. Market price is federally 
regulated and is set each year based on a growers sales history. Local Oregon growers market the 
cranberries through the Western Growers Alliance. (Local Growers - 4) The payback period for land 
preparation exceeds 7 years and annual revenue of $8,500.00 would not provide for annual maintenance 
costs, as well as, provide sufficient profit to make growing of cranberries on 3 acres an economically 
feasible undertaking. Generally, a cranberry farm averages 15 -20 acres. (Oregon Cranberries - 5) 
3) The use of the land for grazing is not economically feasible. The available pasture land 
could support two horses at $50.00 per month per horse or approximately $600.00 per year. 
According to the Soil Survey good management practices requires rotation on grazing land, 
fertilizing, etc. Thus grazing is not economically feasible for the property with approximately 3 
acres available for grazing.(Exhibit B; page 21, and Suppliers/owners - 6) 
4) The use of 3 or 4 acres for the growing of hay is not economically feasible either. The 
available acreage could provide about 3 tons per acre without irrigation and about 4 tons per 
acre with irrigation. A yield of about 9 tons of hay at a market price of $260.00 per ton provides 
a gross annual revenue of $2,200.00 for a non irrigated crop and an additional $260.00 for an 
irrigated crop. (Exhibit B; page 26 and Suppliers - 6) 
The use of the land as a homesite is the most economically viable use of the land and is 
consistent with the overall use of the surrounding land zoned RA2 and meets the conditions for 
the soil as set forth by the Soil Survey of 1984. (Exhibit B; page 20) 
Given the most likely agricultural uses of 5.99 acres and approximately 3-4 acres available for 
cropland and/or grazing the acreage can not sustain a profitable agricultural undertaking. The 
use of the land as a homesite is the most economically viable undertaking and is consistent with 
the current usage of adjacent lands. Also, this use of the subject property meets the conditions 
for the soil type as set forth by the Soil Survey 
\S 
70 
Betty L. Sandy 
SECTION 5: Exhibits 
A Clatsop County Site Map. (1 and 2) pages 16-18 
B Soil Survey Map page 19 
C Soil Survey type - Gearhart pages 20 - 22 
D Soil Survey type - Bergsvik pages 23 - 25 
E Land Capability - Gearhart soil page 26 
F Land Capability - Bergsvik soil page 27 
G Plat Map of Tax Lots 201,202, and adjacent lands page 28 
H Photos of Tax Lot 201. (1 - 5) pages 29 - 33 
I City of Warrenton Water availability statement. page 34 
J Letter from Gearhart Volunteer Fire Dept. page 35 
I lo 
7 1 
^ l & i f l ^ S f t 
Wv/^mm 
C-
7 2 
r \ 
LO* 
7 3 
I<? 
74 
Install culverts to carry seasonal runofl where roads 
I cross natural drainageways. . „ 
Seed road cuts and fills to permaneni vegetation. 
9C—Gearhart fine sandy loam, 3 to 15 percent 
position 
iLihart soil and similar inclusions - 85 percent 
Wasting inclusions - 15 percent 
Gearhart Soil 
jtion on landscape: Stabilized dunes 
e range: 3 to 15 percent 
yaiion: 15 to 70 feet 
vve plants: Shore pine, Sitka spruce, grasses, 
~ Scotch-broom, salal, strawberries, western 
swordfern 
snic mat on surface: Moss, needles, and twigs 1 
inch thick 
'leal profile: 
0 to 11 inches - black fine sandy loam 
11 to 16 inches - dark brown loamy fine sand 
16 to 45 inches - dark gray fine sand 
45 to 60 inches - gray sand 
pth class: Very deep (60 inches or more) 
' "mage class: Somewhat excessively drained 
.rmeability: Rapid 
Mailable water capacity: 4 to 7 inches 
' tential rooting depth: 60 inches or more 
unoff: Slow 
'ward of erosion: By water - slight; by 
wind - moderate 
Included Areas 
'Is that have slopes of more than 15 percent 
lis that are wet 
i l s that have a layer of iron accumulation in the profile 
jor Uses . opland, homesites, wildlife habitat 
ajor Management Factors 
'/•related factors: Erosion by wind, permeability, 
hazard of seepage 
Climatic factors (mean annual): 
Precipitation - 70 to 100 inches 
Soil temperature - 49 to 53 degrees F (varies less 
than 9 degrees from summer to winter) 
Frost-free period - 210 to 245 days 
Cropland 
IGeneral management considerations: 
Most climatically adapted crops can be grown. 
I Suitable crops for planting are grasses and legume; 
Grasses and legumes grow well if they are 
adequately fertilized. 
Most crops respond to nitrogen, phosphorus, 
potassium, and lime. 
Legumes respond to phosphorus and lime. Addition 
of potassium may also be needed, 
v The high content of sand reduces the amount of 
moisture available to plants. 
able management practices: 
tIrrigate during the dry period in summer. 
Apply enough water to wet the root zone but not sc 
much that it leaches plant nutrients. 
Reduce the risk of wind erosion by maintaining a 
plant cover and using minimum tiiiage. 
'.Maintain the quality and quantity of forage by 
rotating grazing, mowing and clipping, controlling 
weeds, and applying fertilizer annually. 
Jlng Site Development 
moral management considerations: 
r Excavation for roads can expose material that is 
highly susceptible to wind erosion. 
UJCutbanks are not stable and therefore are subject ti 
slumping. 
Gnsite sewage disposal systems may not be 
suitable because of the risk of polluting the 
ground water, 
pf the density of housing js' moderate to high, a 
community sewage system may be needed. 
pie management practices 
fiRevegetate disturbed areas at construction sites as 
soon as possible to reduce the risk of wind 
erosion. 
Design buildings and roads to offset the limited 
| ability of the soil to support a load. 
SSSStSeed road cuts and fills to permanent vegetation. 
3D—Gearhart fine sandy loam, 15 to 30 percent 
JS. 
^position 
hart soil and simitar inclusions • 85 percent 
isting inclusions - 15 percent 
Gearhart Soil 
tion on landscape: Dunes 
ge range: 15 to 30 percent 
wmtiorv 25 to 70 feet 1 
ire plants: Shore pine, Sitka spruce, grasses, 
§|p|teotch-broom. salal, strawberries, western 
(swordfern 
anic mat on surface: Moss, needles, and twigs 1 
"Inch thick 
J l 
Soil Survey sp County, Oregon 
2P 
75 
/3-e-tf y £-
41 
Typical profile: 
0 to 11 inches - black fine sandy loam 
11 to 16 inches - dark brown loamy fine sand 
16 to 45 inches - dark gray fine sand 
45 to 60 inches - gray sand 
Depth class: Very deep (60 inches or more) 
Drainage class: Somewhat excessively drained 
Permeability: Rapid 
Available water capacity: 4 to 7 inches 
Potential rooting depth: 60 inches or more 
Runoff: Slow 
Hazard of erosion: By water - slight; by 
wind - moderate 
Included Areas 
Soils that have slopes of less than 15 percent 
Major Uses 
Wildlife habitat, cropland, homesites 
Major Management Factors 
Soil-related factors: Erosion by wind in some areas, 
permeability, hazard of seepage 
Climatic factors (mean annual): 
Precipitation - 70 to 100 inches 
Soil temperature - 49 to 53 degrees F (varies less 
than 9 degrees from summer to winter) 
Frost-free period - 210 to 245 days . 
Cropland 
General management considerations: 
Most climatically adapted crops can be grown. 
Suitable crops for planting are grasses and legumes. 
Grasses and legumes grow well if they are 
adequately fertilized. 
Most crops respond to nitrogen, phosphorus, 
potassium, and lime. 
Legumes respond to phosphorus and lime. Additions 
of potassium may also be needed. 
The high content of sand reduces the amount of 
moisture available to plants. 
Suitable management practices: 
Maintain or improve fertility by using a cropping 
system that includes grasses, legumes, or grass-
legume mixtures and by using minimum tillage. 
Reduce the risk of erosion by using minimum tillage 
and seeding disturbed areas to native or tame 
pasture plants. 
Reduce the risk of wind erosion by maintaining a 
plant cover and using minimum tillage. 
Maintain the quality and quantity of forage by 
adjusting stocking, especially on the steeper 
slopes; rotating grazing; discouraging selective 
grazing; controlling weeds; and applying fertilizer 
annually. 
XI 
7 6 
tsop County, Oregon 
L S/>«->d y 
i4y 
4 when moist or dry. The content of clay is 22 to 30 
:rcent. 
The BC horizon has hue of 10YR or 7.5YR, value of 4 
5 when moist and 5 or 6 when dry, and chroma of 4 
6 when dry. The content of clay is 18 to 27 percent. 
earhari Series 
:The Gearhart series consists of very deep, somewhat 
lessively drained soils on stabilized sand dunes. 
~se soils formed in eolian sand. Slope is 3 to 30 
rcent. The mean annual precipitation is 70 to 100 
Les. The mean annual air temperature is 48 to 52 
ees F. 
.ypical pedon of Gearhart fine sandy loam, 3 to 15 
>ont clnnoc /fin 1 i n an aroa nf natiua uanatatinn-^ v v n V w , v f v w • ' / » ~ ' * : . — . — 
•a stabilized dune 20 feet south of Camp Kiwanilong 
"d and about 500 feet southwest of its junction with 
Fort Stevens Road; in the NW1/4SE1/4 of sec. 20, 
N., R. 10 W., Willamette Meridian: 
:i inch to 0; leaves, needles, moss, and twigs. 
I to 11 inches; black (10YR 2/1) fine sandy loam, 
very dark gray (10YR 3/1) dry; weak medium 
granular structure; soft, very friable, nonsticky and 
|nonplastic; many fine and very fine roots; many very 
line irregular pores; very strongly acid; abrupt 
•smooth boundary. 
II to 16 inches; dark brown (7.5YR 3/3) loamy fine 
isand, brown (7.5YR 5/4) dry; weak fine subangular 
jbiocky structure parting to single grain; loose, 
inonsticky and nonplastic; common very fine roots; 
"any very fine irregular pores; common reddish 
own (2.5YR 4/4) streaks; very strongly acid; 
Tadual Irregular boundary. 
16 to 45 inches; dark gray (10YR 4/1) fine sand, 
jjght gray (10YR 6/1) dry; single grain; loose, 
nsticky and nonplastic; many very fine irregular 
res; few reddish brown (2.5YR 4/4) streaks; very 
jrongly acid; diffuse wavy boundary, 
i to 60 inches; gray (10YR 5/1) sand, light gray 
jOYR 6/1) dry; single grain; loose, nonsticky and 
nplastic; many very fine irregular pores; very 
ongly acid. 
mean annual soil temperature is 49 to 53 degrees 
difference between the mean summer and mean 
soli temperature is less than 9 degrees. The 
epipedon is 10 to 20 inches thick. 
A horizon has hue of 10YR or 7.5YR, value of 2 
;en moist and 3 or 4 when dry, and chroma of 1 
en moist or dry. The content of clay is 10 to 15 
't 
"Bw horizon has hue of 5YR, 7.5YR, or 10YR, 
f^ 3 or 4 when moist and 5 or 6 when dry, and 
of 3 or 4 when moist or dry. The content of clay 
5 percent. In some pedons a few iron stains that 
je of 2.5YR are on the peds. 
Figure 14.—Profile of Gearhart fine sandy loam, 3 to 15 percent 
slopes. 
The C horizon has hue of 10YR, 2.5Y, or 5Y, value of 
4 or 5 when moist and 6 or 7 when dry, and chroma of 1 
to 4 when moist or dry. The content of clay is 3 to 5 
percent. 
r ft- A-r\ f.. O c 
V 0 -V H 
L 
MmmtWm 
77 
18 f-t^j L S'ffoJd y Soil Survey 
Manage regeneration carefully to reduce the 
competition of less desirable plants and provide 
shade for seedlings. 
Improve stands by thinning before trees reach 
commercial size and by selective cutting of 
mature trees. 
4—Beaches. 
Kind of material: Sand and coarse fragments (fig. 2) 
Slope range: 0 to 3 percent 
Use: Recreation 
Effect of waves and wind: Periodic deposition and 
removal of material 
Special features: Some pockets of quicksand in winter 
and early in spring 
Major management factors: Erosion by wind; erosion by 
water; gravel, cobbles, and stones in some areas; 
load supporting capacity 
5A—Bergsvik mucky peat, 0 to 1 percent slopes. 
Composition 
Bergsvik soil and similar inclusions - 90 percent 
Contrasting inclusions 10 percent 
Bergsvik Soil 
Position on landscape: Depressional areas 
Slope range: 0 to 1 percent 
Elevation: 5 to 20 feet 
Native plants. Sitka spruce, western hemlock, western 
redcedar, willow, salmonberry, skunkcabbage, 
sedges, rushes, Douglas spirea 
Typical profile: 
0 to 36 inches dark reddish brown, black, and 
very dark grayish brown mucky peat 
36 to 60 inches - very dark brown and very dark 
grayish brown fine sand 
Depth class: Very deep (more than 60 inches) 
Drainage class: Very poorly drained 
Permeability: In the organic layer moderate; in the 
sandy layer - moderately rapid 
Available water capacity: 16 to 22 inches 
Potential rooting depth: 60 inches or more for water 
tolerant plants 
Runoff: Ponded 
Hazard of erosion by water: None 
Depth to water table: 12 inches above the surface to 
36 inches below the surface throughout the year 
Figure 2.—Area of Beaches at low tide. 
K3etf^| L. S*""1 y 
County, Oregon 
quency of flooding by slow-moving 
twater: Occasional in December through April 
Included Areas 
JiV that are sandy throughout the profile 
(its that are organic material throughout the profile 
)jls that are sandy in the upper 3 to 12 inches 
ajor Uses 
Ifjiand wildlife habitat, cropland 
ijor Management Factors 
related factors: Wetness, inadequate drainage 
foutlets in some areas, load supporting capacity, 
^subsidence 
iiatic factors (average annual): 
Precipitation - 70 to 100 inches 
Soil temperature - 49 to 52 degrees F (varies less 
than 9 degrees from summer to winter) 
| Frost-free period - 180 to 220 days 
jland 
9ral management considerations: 
Yater tolerant plants can be grown. 
Suitable crops for planting are cranberries, 
blueberries, and cole crops. 
Seasonal ponding limits the production and , 
harvesting of crops. - ' 
sroviding drainage is difficult because most areas 
have poor outlets and are seasonally flooded. 
Drainage should be maintained throughout the 
growing season. 
The low load supporting capacity of the soil limits 
, the harvesting of most crops. 
b/e management practices: 
jpSelect plants that tolerate wetness or provide 
drainage. 
Jse open ditches or tile drains to remove water on 
or near the surface. 
ansider the low load supporting capacity of the soil 
when selecting equipment. 
1/ 
r * 
7 Q 
RCounty, Oregon 141 
Series 
Ascar series consists of moderately deep, well 
(soils in mountainous areas. These soils formed 
I colluvium. Slopes are 30 to 90 percent. The 
nnual precipitation is 70 to 100 inches. The mean 
|air temperature is 45 to 50 degrees F. 
I pedon of an Ascar extremely gravelly loam in 
iof Ascar-Rock outcrop complex, 60 to 90 
t slopes; 8 miles southeast of Seaside, about 200 
rth of a logging road in the SE1/4NW1/4NE1/4 
115. T. 5 N., R. 9 W„ Willamette Meridian: 
hches to 0; leaves, twigs, roots, and woody 
sterial. 
112 inches; dark reddish brown (5YR 3/2) 
Iremely gravelly loam, dark brown (7.5YR 4/4) 
y; moderate very fine granular structure; slightly 
rf, friable, slightly sticky and slightly plastic; many 
> fine roots; many very fine irregular pores; 65 
|rcent gravel and 10 percent cobbles; very strongly 
d; gradual wavy boundary. 
! to 35 inches; dark reddish brown (5YR 3/4) 
ttremely gravelly loam, brown (7.5YR 5/4) dry; 
derate very fine subangular blocky structure; 
ghtly hard, friable, slightly sticky and slightly 
Sastic; many very fine roots; common very fine 
[tegular pores; about 50 percent gravel and 15 
ercent cobbles; very strongly acid; abrupt smooth 
undary. 
i inches; basalt breccia. 
i mean annual soil temperature is 47 to 52 degrees 
! difference between the mean summer and mean 
r soil temperature is less than 9 degrees. The 
;epipedon is 10 to 15 inches thick, Depth to basalt 
140 inches. 
! A horizon has hue of 5YR or 7.5YR, vaiue of 2 or 
en moist and 3 or 4 when dry, and chroma of 2 or 3 
i moist and 2 to 4 when dry. It is 55 to 70 percent 
land 5 to 15 percent cobbles. The content of clay 
115 percent. 
i Bw horizon has hue of 5YR or 7.5YR, value of 3 
[when moist and 4 or 5 when dry, and chroma of 4 
fwhen moist or dry. It is 40 to 60 percent gravel and 
i 20 percent cobbles. The content of clay is 12 to 18 
ent. 
•gsvlk Series 
he Bergsvik series consists of very deep, very poorly 
I organic soils in depressional areas between 
istal dunes and between the dunes and the adjacent 
, These soils formed in partially decomposed wood 
j herbaceous plant material underlain by sand. Slopes 
|0 to 1 percent. The mean annual precipitation is 70 
|]00 inches, and the mean annual air temperature is 
ito 51 degrees F 
Typical pedon of Bergsvik mucky peat, 0 to 1 percent 
slopes, 0.3 mile south on Hawkins Road from its 
intersection with Cullaby Lake Road, about 75 feet west 
of road in the NE1/.4SE1/4NW1/4 of sec. 15, T. 7 N. R. 
10 W„ Willamette Meridian: 
0—2 inches to 0; leaves, twigs, moss, roots, and other 
woody material. 
Oe1—0 to 4 inches; dark reddish brown (5YR 3/2, 
broken) mucky peat, dark reddish brown (5YR 2/2, 
rubbed and pressed); about 45 percent fibers, 20 
percent rubbed; many very fine and fine roots; 
extremely acid; clear smooth boundary. 
Oe2—4 to 15 inches; black (5YR 2/1, broken or rubbed 
and pressed) mucky peat; about 85 percent fibers, 
40 percent rubbed; many very fine and fine roots; 
extremely acid; gradual smooth boundary. 
Oe3—15 to 32 inches; very dark grayish brown (10YR 
3/2, broken) mucky peat, black (10YR 2/1, rubbed 
and pressed); black (10YR 2/1) coatings; about 80 
percent fibers, 40 percent rubbed; common very fine 
and fine roots; few wood fragments 1 to 2 inches in 
diameter; extremely acid; clear smooth boundary. 
Oe4—32 to 36 inches; black (10YR 2/1 broken or 
rubbed and pressed) mucky peat; about 50 percent 
fibers, 30 percent rubbed; 40 percent mineral 
material; massive; slightly sticky and slightly plas 
common very fine roots; extremely acid; abrupt 
smooth boundary. 
201—36 to 43 inches; very dark brown (7.5YR 2/2) fine 
sand, dark brown (7.5YR 3/2) dry; single grain; 
loose, nonsticky and nonplastic; few fine roots; very 
strongly acid; gradual smooth boundary. 
2C2—43 to 60 inches; very dark grayish brown (2.5Y 
3/2) fine sand, grayish brown (2.5Y 5/2) dry; single 
grain; loose, nonsticky and nonplastic; very strongly 
acid. 
The mean annual soil temperature is 49 to 52 degrees 
F The difference between the mean summer and mean 
winter soil temperature is less than 9 degrees. Depth to 
the underlying sand is 18 to 51 inches. 
The surface tier has hue of 5YR or 10YR, value of 2 
or 3, and chroma of 1 to 3 when moist. Fiber content 
ranges from 35 to 85 percent unrubbed and 15 to 40 
percent rubbed. A mantle of sand 3 to 12 inches thick 
overlies the organic material in some areas. 
The subsurface tier has hue of 5YR, 7.SYR, or 10YR, 
value of 2 or 3 when moist, and chroma of 1 to 3 when 
moist. Fiber content ranges from 40 to 80 percent 
unrubbed and 20 to 50 percent rubbed. The lower part is 
0 to 45 percent mineral material. 
The 2C horizon has hue of 7.5YR or 2.5Y, value of 2 
to 4 when moist and 3 to 6 when dry, and chroma of 1 
or 2 when moist or dry. 
'^S < 
t3e Ft y A. S^^iy 
isop County, O r e g o n 199 
TABLE 5.—LAND CAPABILITY CLASSES AND YIELDS PER ACRE OF CROPS AND PASTURE—Continued 
Soil name ana 
map symbol 
hart -
brook 
brook 
brook 
ijlov-Kilchls 
a-Haldport 
oss 
oss-Klistan 
Btropepts 
| tropepts-
uepts— 
ils-Rock outcrop 
mdall 
n-Harslow 
n-Harslow 
Stchie 
Lanfi 
capability 
Vile 
l ie 
l ie 
Ille 
IVe 
Vie 
Hie 
IVe 
IVe 
VIIs 
IW 
IVw 
Vie 
Vie 
Vie 
Vie 
VIv 
VIIs 
III* 
Vie 
VI Ie 
Vie 
l i e 
lie 
Ille 
IVe 
Ille 
IVw 
IIIw 
Pasture 
N 
W 
footnotes at end of table. 
15.0 
15.0 
15.0 
7 . 5 
5.0 
12.0 
13.5 
9.0 
8.0 
15.0 
~1 
19.5 
12.0 
18.0 
18 .0 
(jrass-iegume nay 
Tons 
5.0 
5.0 
5.0 
3.0 
4.0 
4.5 
2.5 
5.0 
Tons 
6.5 
4.0 
4.5 
6 0 
Green chop 
N 
Tons 
r 
15.0 
15.0 
15.0 
8.0 
15.0 
Tons 
1 9 . 5 
19.5 
81 
Ii&tt y L S A » d y 
198 Soil 
TABLE 5.—LAND CAPABILITY CLASSES AND YIELDS PER ACRE OF CROPS AND PASTURE 
[Yields in the N columns are for nonirrigated soils; those in the I columns are for irrigated soils. Yiej 
are those that can be expected under a high level of management. Absence of a yield indicates that 
soil is not suited to the crop or the crop generally is not grown on the soil] 
Soil name and 
map symbol 
Land 
capability 
N I 
Pasture 
H— 
TUH5" "StJH^ 
Grass-legume hay 
TT 
Tons 
Green chop 
~~TT~ 
Tons Tons 
ID, I E — 
Alstony 
IF 
Alstony 
Aliunde 
Ascar-Rock outcrop 
4** 
Beaches 
5A 
Bergsvik 
6A 
Brsllier 
7D 
Braun-Scaponia 
Braun-Scaponia 
8A 
Brenner 
9D, 9E 
Cater1-Laderly 
10B 
Chitwood 
IOC 
Chitwood 
UA 
Coquille-Clatsop 
12A 
Coquille-Clatsop 
13A 
Coquille Variant 
14A 
Croquib 
15** 
Dune land 
16D 
Ecola 
Vie 
Vile 
VIIs 
VII Iw 
Vw 
Vw 
Vie 
Vile 
IIIw 
Vie 
Ille 
IVe 
VIw 
IVW 
IIIw 
IVw 
VI H e 
Vie 
Ille 
IVe 
VIw 
IVw 
IIIw 
IVw 
8.0 
10.0 
8.0 
15.0 
15.0 
8.0 
15.0 
19.5 
19.5 
9.5 
2.7 
3.3 
3.3 
5.0 
5.0 
2.5 
5.0 
6.5 
6.5 
3.0 
8.0 
10.0 
10.0 
15.0 
15.0 
3.0 
See footnotes at end of table. 
8 2 
ffisscsmsasasg: 
ffrepg 
83 




£ 
Contact Phone number 7 - ? - f - . b ' ' - ? ^ 
CITY OF WARRENTON 
WATER AND/OR SEWER AVAILABILITY STATEMENT 
REQUESTED BY: B f i t f u S i m / 
T 
To Wliom It May Concern: 
SEWER IS AVAILABLE: WATER IS AVAILABLE: 
DATE: S /($"/08 
X" 
SEWER IS NOT AVAILABLE: X WATER IS NOT AVAILABLE: 
TO THE PROPERTY OR BUILDING LOCATED AT: 
ADDRESS: 
MAP & TAX LOT NO: H i t ) 7 7 
LOT NO: J 1 0 / 
BLOCK NO: 
REMARKS: "T&C/^.. < -K<U> | iCyx.te^ ( p i ^ru I rJpl pT>- OT) h f J A rrurvS Lp 
j ( 
WATERCOST^l 2>o0-<5O 
SEWER COST: K3/A--
(signature) 
PUBLIC WORKS OFFICIAL 
(Date) 
This form is for one single family residence water <£ sewer availability including a '/. inch meter unless otherwise noted. 
W A R R E N T O N UTILITY D E P A R T M E N T 
W O R K O R D E R fcr Water and/or Sewe. Co.mcUIvm 
•rs 
K 
r 
( A p p l i c a n t ) 
(Service Address) 
( A p p l i c a n t S i g n a t u r e ) 
Meter Only/Admin $_ 
Complete Service. . $_ 
Sewer Admin $_ 
Full Service Sewer S 
Ref. Number_ 
Meter Size 
Meter No. 
Install Date 
N> 
t -
v 
P o r o f f i c e u s e o n l y - p l e a s e in i t i a l & d a t e 
B&P Cashier PW UB 
3H 
89 
<2 
Volunteer Fire Department 
P.O. Box 2530*Gearhart, OR 97138 
503-738-7838 / 503-738-9385 (fax) 
May 28, 2008 
Betty L. Sandy 
89224 Dellmoor Loop Road 
Warrenton, Oregon 97146 
RE: Zone Change; EFU to RA2 
Tax Lot 201 
The proposed zone change you are requesting will not place a burden on the Fire 
Department. The building of a single family residence shall meet the current Oregon Fire 
Code and Application Guide for Access & Water Supply. Access & Water Supply 
requirements shall be determined when applying for a building permit and completing the 
Clatsop County Agency Review & Approval Form. I acknowledge there is currently a 
hydrant located at the southeast comer of tax lot 201. 
If you should have any questions please feel free to contact me. 
Ms Sandy, 
Thank you. 
Bill H. Eddy 
Fire Chief 
Gearhart Fire 
cc: File 
3$ 
9 0 
Betty L. Sandv 
SECTION 6: Sources 
1) Clatsop County Comrehensive Plan Goals and Policies, Codfied May 29, 2007 
2) Clatsop County Land and Water Development Land Use Ordinances dated August 23,2007. 
p5-325 
3) Soil Survey of Clatsop County, Oregon; National Cooperative Survey, 1984. 
4) Telephone conversations with Oregon and Washington State Cranberry Growers; Steve 
Kelley (Wa.), L & R Kaino (Or.), Bob Whannell (Or.) May and June, 2008 
5) Oregon Cranberry History, Oregon Cranberry Network, http://www.oregoncranberry.net. 
2004. 
6) Consultations with hay suppliers and stable owners. 
7) Oregon State University, Clatsop County Extension Service 
Master Gardeners; May, 2008 
8) AGMRC, Arthur Cooper Cooperative Center Case Study Series No. 03 - 01 
Ocean Spray at the crossroads, 2003, http://www.agmac.org. 
9) Cranberries: the most intriguing native North American Fruit, Feature Article November, 
2000. http://www.apsnet.org 
91 
This Page Left Blank Intentionally c5 
9 2 
9 3 
LAND CONSERVATION AND DEVELOPMENT DEPARTMENT 
DIVISION 4 
INTERPRETATION OF GOAL 2 EXCEPTION PROCESS 
(As Amended by LCDC January 24, 2008; no amendments to other rules in this division) 
660-004-0040 
Application of Goal 14 (Urbanization) to Rural Residential Areas 
(NOTE: no amendments to sections (J) through (6) of this rule.) 
(7)(a) The creation of any new lot or parcel smaller than two acres in a rural residential 
area shall be considered an urban use. Such a lot or parcel may be created only if an 
exception to Goal 14 is taken. This subsection shall not be construed to imply that creation 
of new lots or parcels two acres or larger always complies with Goal 14. The question of 
whether the creation of such lots or parcels complies with Goal 14 depends upon 
compliance with all provisions of this rule. 
(b) Each local government must specify a minimum area for any new lot or parcel that is to 
be created in a rural residential area. For the purposes of this rule, that minimum area shall 
be referred to as the minimum lot size. 
(c) If, on the effective date of this rule, a local government's land use regulations specify a 
minimum lot size of two acres or more, the area of any new lot or parcel shall equal or 
exceed that minimum lot size which is already in effect. 
(d) If, on the effective date of this rule, a local government's land use regulations specify a 
minimum lot size smaller than two acres, the area of any new lot or parcel created shall 
equal or exceed two acres. 
(e) A local government may authorize a planned unit development (PUD), specify the size 
of lots or parcels by averaging density across a parent parcel, or allow clustering of new 
dwellings in a rural residential area only if all conditions set forth in paragraphs (7)(e)(A) 
through (7)(e)(H) are met: 
(A) The number of new dwelling units to be clustered or developed as a PUD does not 
exceed 10. 
(B) The number of new lots or parcels to be created does not exceed 10. 
(C) None of the new lots or parcels will be smaller than two acres. 
(D) The development is not to be served by a new community sewer system. 
(E) The development is not to be served by any new extension of a sewer system from 
within an urban growth boundary or from within an unincorporated community. 
94 
(F) The overall density of the development will not exceed one dwelling for each unit of 
acreage specified in the local government's land use regulations on the effective date of 
this rule as the minimum lot size for the area. 
(G) Any group or cluster of two or more dwelling units will not force a significant change 
in accepted farm or forest practices on nearby lands devoted to farm or forest use and will 
not significantly increase the cost of accepted farm or forest practices there. 
(H) For any open space or common area provided as a part of the cluster or planned unit 
development under this subsection, the owner shall submit proof of nonrevocable deed 
restrictions recorded in the deed records. The deed restrictions shall preclude all future 
rights to construct a dwelling on the lot, parcel, or tract designated as open space or 
common area for as long as the lot, parcel, or tract remains outside an urban growth 
boundary. 
(f) Except as provided in subsection (e) of this section, a local government shall not allow 
more than one permanent single-family dwelling to be placed on a lot or parcel in a rural 
residential area. Where a medical hardship creates a need for a second household to reside 
temporarily on a lot or parcel where one dwelling already exists, a local government may 
authorize the temporary placement of a manufactured dwelling or recreational vehicle. 
(g) In rural residential areas, the establishment of a new mobile home park or 
manufactured dwelling park as defined in ORS 446.003(32) shall be considered an urban 
use if the density of manufactured dwellings in the park exceeds the density for residential 
development set by this rule's requirements for minimum lot and parcel sizes. Such a park 
may be established only if an exception to Goal 14 is taken. 
(h) A local government may allow the creation of a new parcel or parcels smaller than a 
minimum lot size required under subsections (a) through (d) of this section without an 
exception to Goal 14 only if the conditions described in paragraphs (A) through (D) of this 
subsection exist: 
(A) The parcel to be divided has two or more permanent habitable dwellings on it; 
(B) The permanent habitable dwellings on the parcel to be divided were established there 
before the effective date of this rule; 
(C) Each new parcel created by the partition would have at least one of those permanent 
habitable dwellings on it, and 
(D) The partition would not create any vacant parcels on which a new dwelling could be 
established. 
(E) For purposes of this rule, "habitable dwell ing" means a dwel l ing that meets the criteria 
set forth in O R S 215.283£l]([ t ]s)(A)-IMI (D). 
(i) For rural residential areas designated after the effective date of this rule, the affected 
county shall either: 
(A) Require that any new lot or parcel have an area of at least ten acres, or 
(B) Establish a minimum size of at least two acres for new lots or parcels in accordance 
with the requirements for an exception to Goal 14 in OAR chapter 660, ©division 014 
The minimum lot size adopted by the county shall be consistent with OAR 660-004-0018, 
"Planning and Zoning for Exception Areas." 
(8)(a) Notwithstanding the provisions of Section 7 of this rule, divisions of rural residential 
land within one mile of an urban growth boundary for any city or urban area listed in 
paragraphs (A) through (E) of this subsection shall be subject to the provisions of 
subsections (8)(b) and (8)(c). 
(A) Ashland, 
(B) Central Point; 
(C) Medford; 
(D) Newberg; 
(E) Sandy 
(b) If a city or urban area listed in sSubsection (8)(a): 
(A) has an urban reserve area that contains at least a twenty-year reserve of land and that 
has been acknowledged to comply with OAR chapter 660. ©division 021, or 
(B) is part of a regional growth plan that contains at least a twenty-year regional u rban 
reserve of land beyond the land contained within the collective urban growth boundaries of 
the participating cities, and that has been acknowledged through the process prescribed for 
Regional Problem Solving in ORS 197.652 through 197.658; then any division of rural 
residential land in that reserve area shall be done in accordance with the acknowledged 
urban reserve ordinances or acknowledged regional growth plan. 
(c) Notwithstanding the provisions of Ssection (7) of this rule, if any part of a lot or parcel 
to be divided is less than one mile from an urban growth boundary for a city or urban area 
listed in Ssubsection (8)(a), and if that city or urban area does not have an urban reserve 
area acknowledged to comply with OAR chapter 660, ©division 021, or is not part of an 
acknowledged regional growth plan as described in Ssubsection (b), Pa ragraph (B), of 
this section, the minimum area of any new lot or parcel there shall be ten acres. 
(d) Notwithstanding the provisions of Ssection [7\, if [the Portland metropolitan service 
district] Metro has an urban reserve area that contains at least a twenty-year reserve of 
land and that has been acknowledged to comply with OAR chapter 660, ©division 21 or 
division 27, any land division of rural residential land in that urban reserve [afea] shall be 
done in accordance with the applicable acknowledged [urban reserve ordinance] 
comprehensive plan and zoning provisions adopted to implement the urban reserve. 
(e) Notwithstanding the provisions of Ssection (7), if any part of a lot or parcel to be 
divided is less than one mile from the urban growth boundary for the Portland metropolitan 
3 
9 6 
area and is in a rural residential area, and if the [Portland metropolitan area does not have ] 
Metro has not designated an urban reserve [aeea] that contains at least a twenty-year 
reserve of land [and that has been] acknowledged to comply with either OAR 660, 
©division 021 or OAR 660, division 27, the minimum area of any new lot or parcel there 
shall be twenty acres. If the lot or parcel to be divided also lies within the area governed by 
the Columbia River Gorge National Scenic Area Act, the division shall be done in 
accordance with the provisions of that act. 
(f) Notwithstanding the provisions of Ssection {7}, and Ssubsection (8)(e), a local 
government may establish minimum area requirements smaller than twenty acres for some 
of the lands described in Ssubsection (8)(e). The selection of those lands and the minimum 
established for them shall be based on an analysis of the likelihood that such lands will 
urbanize, of their current parcel and lot sizes, and of the capacity of local governments to 
serve such lands efficiently with urban services at [the] densities of at least 10 units per 
net developable acre [set forth in-the Metre 2040 plan]. In no case shall the minimum 
pared area requirement set for such lands be smaller than 10 acres. 
(g) A local government may allow the creation of a new parcel, or parcels, smaller than a 
minimum lot size required under subsections (a) through (f) of this section without an 
exception to Goal 14 only if the conditions described in paragraphs (A) through (-E-) (G'l of 
this subsection exist: 
(A) The parcel to be divided has two or more permanent, habitable dwellings on it; 
(B) The permanent, habitable dwellings on the parcel to be divided were established there 
before the effective date of OAR 660-004-0040; 
(C) Each new parcel created by the partition would have at least one of those permanent, 
habitable dwellings on it; 
(D) The partition would not create any vacant parcels on which new dwellings could be 
established; and 
(E) The resulting parcels shall be sized to promote efficient future urban development by 
ensuring that one of the parcels is the minimum size necessary to accommodate the 
residential use of the parcel. 
(F) For purposes of this rule, habitable dwelling means a dwelling that meets the criteria 
set forth in ORS 215.283(1 )(ts)(A) - (D), and, 
(G) The parcel is not in an area designated as rural reserve under OAR chapter 660, 
division 27. 
(9) The development, placement, or use of one single-family dwelling on a lot or parcel 
lawfully created in an acknowledged rural residential area is allowed under this rule and 
Goal 14, subject to all other applicable laws. 
Slat. Auth.: ORS 483 & 197; ORS 197.040; Chapter 141 
Stats. Implemented: ORS 197.175 & 197.732; ORS 195.145; ORS 195.141 
Hist..- LCDD 7-2000, f. 6-30-00, cert. ef. 10-4-00; LCDD 3-2001, f. & cert. ef. 4-3-01, 
LCDD 3-2004, f. & cert. ef. 5-7-04 
97 
Exhibit 5 
Oregon Administrative Rules 
(filed through December 14 2007) 
LAND CONSERVATION AND DEVELOPMENT DEPARTMENT 
DIVISION 4 
INTERPRETATION OF GOAL 2 EXCEPTION PROCESS 
660-004-0000 
Purpose 
(1) The purpose of this rule is to explain the three types of exceptions set forth in Goal 2 "Land Use Planning, 
Part H, Exceptions " Except as provided for in OAR chapter 660, division 14, "Application of the Statewide 
Planning Goals to Newly Incorporated Cities and to Urban Development on Rural Lands" and OAR chapter 
660, division 12, "Transportation Planning", section 0070, "Exceptions for Transportation Improvements on 
Rural Land" this division interprets the exception process as it applies to statewide Goals 3 to 19. 
(2) An exception is a decision to exclude certain land from the requirements of one or more applicable statewide 
goals in accordance with the process specified in Goal 2, Part 11, Exceptions, The documentation for an 
exception must be set forth in a local government's comprehensive plan. Such documentation must support a 
conclusion that the standards for an exception have been met. The conclusion shall be based on findings of fact 
supported by substantial evidence in the record of the local proceeding and by a statement of reasons which 
explain why the proposed use not allowed by the applicable goal should be provided for. The exceptions process 
is not to be used to indicate that a jurisdiction disagrees with a goal. 
(3) The intent of the exceptions process is to permit necessary flexibility in the application of the Statewide 
Planning Goals. The procedural and substantive objectives of the exceptions process are to: 
(a) Assure that citizens and governmental units have an opportunity to participate in resolving plan conflicts 
while the exception is being developed and reviewed; and 
(b) Assure that findings of fact and a statement of reasons supported by substantial evidence justify an exception 
to a statewide Goal. 
(4) When taking an exception, a local government may rely on information and documentation prepared by 
other groups or agencies for the purpose of the exception or for other purposes, as substantial evidence to 
support its findings of fact. Such information must be either included or properly incorporated by reference into 
the record of the local exceptions proceeding. Information included by reference must be made available to 
interested persons for their review prior to the last evidentiary hearing on the exception. 
Stat. Auth.. ORS 197.040 
Stats. Implemented: ORS 195.012, 197.040, 197.712,197.717, 197.732 
Hist.. LCDC 5-1982, f. & ef. 7-21-82; LCDC 9-1983, f. & ef. 12-30-83; LCDC 1-1984, f. & ef. 2-10-84; LCDD 
2-2006, f. & cert. ef. 2-15-06; LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06 
660-004-0005 
Definitions 
For the purpose of this Division, the definitions in ORS 197,015 and the Statewide Planning Goals shall apply. 
In addition the following definitions shall apply: 
(1) An "Exception" is a comprehensive plan provision, including an amendment to an acknowledged 
comprehensive plan, that: 
(a) Is applicable to specific properties or situations and does not establish a planning or zoning policy of general 
applicability; 
(b) Does not comply with some or all goal requirements applicable to the subject properties or situations; and 
(c) Complies with the provisions of this Division. 
(2) "Resource Land" is land subject to the statewide Goals listed in OAR 660-004-0010(l)(a) through (g) except 
subsections (c) and (cl). 
(3) "Nonresource Land" is land not subject to the statewide Goals listed in OAR 660-004-0010( 1 )(a) through (g) 
except subsections (c) and (d). Nothing in these definitions is meant to imply that other goals, particularly Goal 
5, do not apply to nonresource land. 
Page ! of 14 
9 8 
Stat. Auth.. ORS 197 
Stats. Implemented ORS 197.015 & 197.732 
Hist..- LCDC 5-1982, f. & ef 7-21-82; LCDC 9-1983, f. & ef. 12-30-83; LCDD 3-2004, f. & cert. ef. 5-7-04 
660-004-0010 
Application of the Goal 2 Exception Process to Certain Goals 
(1) The exceptions process is not applicable to Statewide Goal 1 "Citizen Involvement" and Goal 2 "Land Use 
Planning." The exceptions process is generally applicable to all or pail of those statewide goals which prescribe 
or restrict certain uses of resource land or limit the provision of certain public facilities and services. These 
statewide goals include but are not limited to: 
(a) Goal 3 "Agricultural Lands"; however, an exception to Goal 3 "Agricultural Lands" is not required for any of 
the farm or nonfarm uses permitted in an exclusive farm use (EFU) zone under ORS Chapter 215 and OAR 
chapter 660 division 033, "Agricultural Lands" ; 
(b) Goal 4 "Forest Lands"; however, an exception to Goal 4 "Forest lands" is not required for any of the forest or 
nonforest uses permitted in a forest or mixed farm/forest zone under OAR chapter 660, division 006, "Forest 
Lands"; 
(c) Goal 14 "Urbanization" except as provided for in OAR chapter 660, division 014 and the applicable 
paragraph (l)(c)(A), (B) or (C) of this rule: 
(A) An exception is not required for the establishment of an urban growth boundary around or including 
portions of an incorporated city; 
(B) When a local government changes an established urban growth boundary applying Goal 14 as it existed 
prior to the amendments adopted April 28, 2005, it shall follow the procedures and requirements set forth in 
Goal 2 "Land Use Planning," Part II, Exceptions. An established urban growth boundary is one which has been 
acknowledged by the Commission under ORS 197.251, 197.625 or 197.626. Revised findings and reasons in 
support of an amendment to an established urban growth boundary shall demonstrate compliance with the seven 
factors of Goal 14 and demonstrate that the following standards are met: 
(1) Reasons justify why the state policy embodied in the applicable goals should not apply (This factor can be 
satisfied by compliance with the seven factors of Goal 14); 
(ii) Areas which do not require a new exception cannot reasonably accommodate the use; 
(iii) The long-term environmental, economic, social and energy consequences resulting from the use at the 
proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would 
typically result from the same proposal being located in areas requiring a goal exception other than the proposed 
site; and 
(iv) The proposed uses are compatible with other adjacent uses or will be so rendered through measures 
designed to reduce adverse impacts. 
(C) When a local government changes an established urban growth boundary applying Goal 14 as amended 
April 28, 2005, a goal exception is not required unless the local government seeks an exception to any of the 
requirements of Goal 14 or other applicable goals; 
(d) Goal 11 "Public Facilities and Services"; 
(e) Goal 16 "Estuarine Resources"; 
(f) Goal 17 "Coastal Shorelands"; and 
(g) Goal 18 "Beaches and Dunes." 
(2) The exceptions process is generally not applicable to those statewide goals which establish planning 
procedures and standards that do not prescribe or restrict certain uses of resource land or limit the provision of 
certain public facilities and services, because these goals contain general planning guidance or their own 
procedures for resolving conflicts between competing uses. However, exceptions to these goals, although not 
required, are possible and exceptions taken to these goals will be reviewed when submitted by a local 
jurisdiction. These statewide goals are: 
(a) Goal 5 "Natural Resources"; 
(b) Goal 6 "Air, Water, and Land Resources Quality"; 
(c) Goal 7 "Natural Disasters and Hazards"; 
(d) Goal 8 "Recreational Needs"; 
(e) Goal 9 "Economy of the State"; 
Page 14 of 14 
9 9 
( 0 Goal 10 "Housing" except as provided for in OAR 660-008-0035 "Substantive Standards for Taking a Goal 
2, Pan 11, Exception pursuant to ORS 197.303(3); 
(g) Goal 12 "Transportation" except as provided for by OAR 660-012-0070, "Exceptions for Transportation 
improvements on Rural Land" 
(h) Goal 13 "Energy Conservation"; 
(i) Goal 15 "Willamette Greenway" except as provided for in OAR 660-004-0022(6); and 
(j) Goal 19 "Ocean Resources." 
(3) An exception to one goal or goal requirement does not assure compliance with any other applicable goals or 
goal requirements for the proposed uses at the exception site. Therefore, an exception to exclude certain lands 
from the requirements of one or more statewide goals or goal requirements does not exempt a local government 
from the requirements of any other goal(s) for which an exception was not taken. 
Stat. Auth. ORS 197 
Stats. Implemented: ORS 197.732 
Hist.. LCDC 5-1982, f. & ef. 7-21-82, LCDC 9-1983, f. & ef. 12-30-83; LCDC 1 1984, f. & ef. 2-10-84, LCDC 
3-1984, f. & ef. 3-21-84; LCDC 2-1987, f. & ef. 11-10-87 LCDC 3-1988(Temp), f, & cert. ef. 8-5-88; LCDC 6-
1988, f & cert. ef. 9-29-88, LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 4-2005, f. & cert. ef. 6-28-05 
660-004-0015 
Inclusion as Part of the Plan 
(1) A local government approving a proposed exception shall adopt as part of its comprehensive plan findings of 
fact and a statement of reasons which demonstrate that the standards for an exception have been met. The 
applicable standards are those in Goal 2, Part 11(c), OAR 660-004-0020(2), and 660-004-0022 The reasons and 
facts shall be supported by substantial evidence that the standard has been met. 
(2) A local government denying a proposed exception shall adopt findings of fact and a statement of reasons 
which demonstrate that the standards for an exception have not been met However, the findings need not be 
incorporated into the local comprehensive plan. 
Stat Auth.. ORS 197 
Stats. Implemented ORS 197 732 
Hist. LCDC 5-1982, f. & ef. 7-21 -82; LCDC 9-1983, f. & ef. 12-30-83 
660-004-0018 
Planning and Zoning for Exception Areas 
(1) Purpose. This rule explains the requirements for adoption of plan and zone designations for exceptions. 
Exceptions to one goal or a portion of one goal do not relieve a jurisdiction from remaining goal requirements 
and do not authorize uses, densities, public facilities and services, or activities other than those recognized or 
justified by the applicable exception. Physically developed or irrevocably committed exceptions under OAR 
660-004-0025 and 660-004-0028 are intended to recognize and allow continuation of existing types of 
development in the exception area. Adoption of plan and zoning provisions that would allow changes in existing 
types of uses, densities, or services requires the applicat ion of the standards outlined in this rule. 
(2) For "physically developed" and "irrevocably committed" exceptions to goals, residential plan and zone 
designations shall authorize a single numeric minimum lot size and all plan and zone designations shall limit 
uses, density, and public facilities and services to those: 
(a) That are the same as the existing land uses on the exception site; 
(b) That meet the following requirements: 
(A) The rural uses, density, and public facilities and services will maintain the land as "Rural Land" as defined 
by the goals and are consistent with all other applicable Goal requirements; and 
(B) The rural uses, density, and public facilities and services will not commit adjacent or nearby resource land to 
nonresource use as defined in OAR 660-004-0028, and 
(C) The rural uses, density, and public facilities and services are compatible with adjacent or nearby resource 
uses; 
(c) For which the uses, density, and public facilities and services are consistent with OAR 660-022-0030, 
"Planning and Zoning of Unincorporated Communities", if applicable, or 
Page 14 of 14 
1 0 0 
(d) That are industrial development uses, and accessory uses subordinate to the industrial development, in 
buildings of any size and type, provided the exception area was planned and zoned for industrial use on January 
1, 2004, subject to the territorial limits and other requirements of ORS 197.713 and 197.714 
(3) Uses, density, and public facilities and services not meeting section (2) of this rule may be approved only 
under provisions for a reasons exception as outlined in section (4) of the rule and OAR 660-004-0020 through 
660-004-0022. 
(4) "Reasons" Exceptions: 
(a) When a local government takes an exception under the "Reasons" section of ORS 197.732(l)(c) and OAR 
660-004-0020 through 660-004-0022, plan and zone designations must limit the uses, density, public facilities 
and services, and activities to only those that are justified in the exception; 
(b) When a local government changes the types or intensities of uses or public facilities and services within an 
area approved as a "Reasons" exception, a new "Reasons" exception is required; 
(c) When a local government includes land within an unincorporated community for which an exception under 
the "Reasons" section of ORS 197.732(l)(c) and OAR 660-004-0020 through 660-004-0022 was previously 
adopted, plan and zone designations must limit the uses, density, public facilities and services, and activities to 
only those that were justified in the exception or OAR 660-022-0030, which ever is more stringent. 
Stat. Auth.. ORS 197 
Stats. Implemented: ORS 197.732 
Hist.: LCDC 9-1983, f. & ef. 12-30-83; LCDC 1-1986, f. & ef. 3-20-86; LCDD 4-1998, f. & cert. ef. 7-28-98; 
LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 8-2005, f. & cert. ef. 12-13-05; LCDD 7-2006, f. 10-13-06, cert. ef. 
10-23-06 
660-004-0020 
Goal 2, Part 11(c), Exception Requirements 
(1) If a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use resource lands for 
uses not allowed by the applicable Goal or to allow public facilities or services not allowed by the applicable 
Goal, the justification shall be set forth in the comprehensive plan as an exception, 
(2) The four factors in Goal 2 Part 11(c) required to be addressed when taking an exception to a Goal are: 
(a) "Reasons justify why the state policy embodied in the applicable goals should not apply"- The exception 
shall set forth the facts and assumptions used as the basis for determining that a stale policy embodied in a goal 
should not apply to specific properties or situations including the amount of land for the use being planned and 
why the use requires a location on resource land; 
(b) "Areas which do not require a new exception cannot reasonably accommodate the use"-
(A) The exception shall indicate on a map or otherwise describe the location of possible alternative areas 
considered for the use, which do not require a new exception. The area for which the exception is taken shall be 
identified; 
(B) To show why the particular site is justified, it is necessary to discuss why other areas which do not require a 
new exception cannot reasonably accommodate the proposed use. Economic factors can be considered along 
with other relevant factors in determining that the use cannot reasonably be accommodated in other areas. Under 
the alternative factor the following questions shall be addressed: 
(i) Can the proposed use be reasonably accommodated on nonresource land that would not require an exception, 
including increasing the density of uses on nonresource land? If not, why not? 
(ii) Can the proposed use be reasonably accommodated on resource land that is already irrevocably committed 
to nonresource uses, not allowed by the applicable Goal, including resource land in existing rural centers, or by 
increasing the density of uses on committed lands? If not, why not? 
(iii) Can the proposed use be reasonably accommodated inside an urban growth boundary? If not, why not? 
(iv) Can the proposed use be reasonably accommodated without the provision of a proposed public facility or 
service? If not, why not? 
(C) This alternative areas standard can be met by a broad review of similar types of areas rather than a review of 
specific alternative sites. Initially, a local government adopting an exception need assess only whether those 
similar types of areas in the vicinity could not reasonably accommodate the proposed use. Site specific 
comparisons are not required of a local government taking an exception, unless another party to the local 
proceeding can describe why there are specific sites that can more reasonably accommodate the proposed use. A 
Page 14 of 14 
101 
detailed evaluation of specific alternative sites is thus not required unless such sites are specifically described 
with facts to support the assertion that the sites are more reasonable by another party during the local exceptions 
proceeding. 
(c) The long-term environmental, economic, social and energy consequences resulting from the use at the 
proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would 
typically result from the same proposal being located in other areas requiring a Goal exception The exception 
shall describe the characteristics of each alternative areas considered by the jurisdiction for which an exception 
might be taken, the typical advantages and disadvantages of using the area for a use not allowed by the Goal, 
and the typical positive and negative consequences resulting from the use at the proposed site with measures 
designed to reduce adverse impacts. A detailed evaluation of specific alternative sites is not required unless such 
sites are specifically described with facts to support the assertion that the sites have significantly fewer adverse 
impacts during the local exceptions proceeding. The exception shall include the reasons why the consequences 
of the use at the chosen site are not significantly more adverse than would typically result from the same 
proposal being located in areas requiring a goal exception other than the proposed site. Such reasons shall 
include but are not limited to, the facts used to determine which resource land is least productive; the ability to 
sustain resource uses near the proposed use; and the long-term economic impact on the general area caused by 
irreversible removal of the land from the resource base. Other possible impacts include the effects of the 
proposed use on the water table, on the costs of improving roads and on the costs to special service districts; 
(d) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed 
to reduce adverse impacts. The exception shall describe how the proposed use will be rendered compatible with 
adjacent land uses. The exception shall demonstrate that the proposed use is situated in such a manner as to be 
compatible with surrounding natural resources and resource management or production practices. Compatible is 
not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. 
(3) If the exception involves more than one area for which the reasons and circumstances are the same, the areas 
may be considered as a group. Each of the areas shall be identified on a map, or their location otherwise 
described, and keyed to the appropriate findings. 
(4) For the expansion of an unincorporated community defined under OAR 660-022-0010, or for an urban 
unincorporated community pursuant to OAR 660-022-0040(2), The exception requirements of subsections 
(2)(b), (c) and (d) of this rule are modified to also include the following: 
(a) Prioritize land for expansion: First priority goes to exceptions lands in proximity to an unincorporated 
community boundary. Second priority goes to land designated as marginal land. Third priority goes to land 
designated in an acknowledged comprehensive plan for agriculture or forestry, or both. Higher priority is given 
to land of lower capability site class for agricultural land, or lower cubic foot site class for forest land, 
(b) Land of lower priority described in subsection (a) of this section may be included if land of higher priority is 
inadequate to accommodate the use for any one of the following reasons: 
(A) Specific types of identified land needs cannot be reasonably accommodated on higher priority land; or 
(B) Public facilities and services cannot reasonably be provided to the higher priority area due to topographic or 
other physical constraints; or 
(C) Maximum efficiency of land uses with the unincorporated community requires inclusion of lower priority 
land in order to provide public facilities and services to higher priority land. 
Stat. Auth.. ORS 197 
Stats. Implemented ORS 197.732 
Hist.. LCDC 5-1982, f .&e f 7-21-82; LCDC 9-1983, f. & ef. 12-30-83, LCDC 8-1994, f. & cert. ef. 12-5-94; 
LCDD 3-2004, f. & cert. ef. 5-7-04 
660-004-0022 
Reasons Necessary to Justify an Exception Under Goal 2, Part 11(c) 
An exception Under Goal 2, Part 11(c) can be taken for any use not allowed by the applicable goal(s). The types 
of reasons that may or may not be used to justify certain types of uses not allowed on resource lands are set forth 
in the following sections of this rule: 
(1) For uses not specifically provided for in subsequent sections of this rule or in OAR 660-012-0070 or chapter 
660, division 14, the reasons shall justify why the state policy embodied in the applicable goals should not 
apply. Such reasons include but are not limited to the following: 
Page 14 of 14 
1 0 2 
(a) There is a demonstrated need for the proposed use or activity, based on one or more of the requirements of 
Goals 3 to 19; and either 
(b) A resource upon which the proposed use or activity is dependent can be reasonably obtained only at the 
proposed exception site and the use or activity requires a location near the resource. An exception based on this 
subsection must include an analysis of the market area to be served by the proposed use or activity. That 
analysis must demonstrate that the proposed exception site is the only one within that market area at which the 
resource depended upon can reasonably be obtained; or 
(c) The proposed use or activity has special features or qualities that necessitate its location on or near the 
proposed exception site. 
(2) Rural Residential Development: For rural residential development the reasons cannot be based on market 
demand for housing, except as provided for in this section of this rule, assumed continuation of past urban and 
rural population distributions, or housing types and cost characteristics. A county must show why, based on the 
economic analysis in the plan, there are reasons for the type and density of housing planned which require this 
particular location on resource lands. A jurisdiction could justify an exception to allow residential development 
on resource land outside an urban growth boundary by determining that the rural location of the proposed 
residential development is necessary to satisfy the market demand for housing generated by existing or planned 
rural industrial, commercial, or other economic activity in the area. 
(3) Rural Industrial Development: For the siting of industrial development on resource land outside an urban 
growth boundary, appropriate reasons and facts include, but are not limited to, the following: 
(a) The use is significantly dependent upon a unique resource located on agricultural or forest land. Examples of 
such resources and resource sites include geothermal wells, mineral or aggregate deposits, water reservoirs, 
natural features, or river or ocean ports; or 
(b) The use cannot be located inside an urban growth boundary due to impacts that are hazardous or 
incompatible in densely populated areas; or 
(c) The use would have a significant comparative advantage due to its location (e.g., near existing industrial 
activity, an energy facility, or products available from other rural activities), which would benefit the county 
economy and cause only minimal loss of productive resource lands. Reasons for such a decision should include 
a discussion of the lost resource productivity and values in relation to the county's gain from the industrial use, 
and the specific transportation and resource advantages which support the decision. 
(4) Expansion of Unincorporated Communities: For the expansion of an Unincorporated Community defined 
under OAR 660-022-0010(10), appropriate reasons and facts include but are not limited to the following: 
(a) A demonstrated need for additional land in the community to accommodate a specific rural use based on 
Goals 3-19 and a demonstration that either: 
(A) The use requires a location near a resource located on rural land; or 
(B) The use has special features necessitating its location in an expanded area of an existing unincorporated 
community, including: 
(i) For industrial use, it would have a significant comparative advantage due to its location (i.e., near a rural 
energy facility, or near products available from other activities only in the surrounding area; or it is reliant on an 
existing work force in an existing unincorporated community); 
(ii) For residential use, the additional land is necessary to satisfy the need for additional housing in the 
community generated by existing industrial, commercial, or other economic activity in the surrounding area. 
The plan must include an economic analysis showing why the type and density of planned housing cannot be 
accommodated in an existing exception area or UGB, and is most appropriate at the particular proposed 
location. The reasons cannot be based on market demand for housing, nor on a projected continuation of past 
rural population distributions. 
(b) Need must be coordinated and consistent with the comprehensive plan for other exception areas, 
unincorporated communities, and UGBs in the area. Area encompasses those communities, exception areas, and 
UGBs which may be affected by an expansion of a community boundary, taking into account market, economic, 
and other relevant factors; 
(c) Expansion requires demonstrated ability to serve both the expanded area and any remaining infill 
development potential in the community at time of development with the level of facilities determined to be 
appropriate for the existing unincorporated community. 
Page 6 of 14 
(5) Expansion of Urban Unincorporated Communities: Expansion of an urban unincorporated community 
defined under OAR 660-022-0010(9) shall comply with OAR 660-022-0040. 
(6) Willamette Greenway: Within an urban area designated on the approved Willamette Greenway Boundary 
maps, the siting of uses which are neither water-dependent nor water-related within the setback line required by 
Section C 3.k of the Goal may be approved where reasons demonstrate the following: 
(a) The use will not have a significant adverse effect on the greenway values of the site under consideration or 
on adjacent land or water areas; 
(b) The use will not significantly reduce the sites available for water-dependent or water-related uses within the 
jurisdiction; 
(c) The use will provide a significant public benefit; and 
(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette Greenway 
Plan approved by LCDC under ORS 390.322. 
(7) Goal 16 X Water Dependent Development: To allow water dependent industrial, commercial, or recreational 
uses in development and conservation estuaries which require an exception, an economic analysis must show 
that there is a reasonable probability that the proposed use will locate in the planning area during the planning 
period considering the following: 
(a) Factors of Goal 9 or for recreational uses the factors of Goal 8; 
(b) The generally predicted level of market demand for the proposed use; 
(c) The siting and operational requirements of the proposed use including land needs, and as applicable, 
moorage, water frontage, draft, or similar requirements; and 
(d) Whether the site and surrounding area are able to provide for the siting and operational requirements of the 
proposed use; 
(e) The economic analysis must be based on Goal 9 element of the County Comprehensive Plan and consider 
and respond to all economic needs information available or supplied to the jurisdiction. The scope of this 
analysis will depend on the type of use proposed, the regional extent of the market and the ability of other areas 
to provide for the proposed use. 
(8) Goal 16 -- Other Alterations or Uses: An exception to the requirement limiting dredge and fill or other 
reductions or degradations of natural values to water dependent uses or to the natural and conservation 
management unit requirements limiting alterations and uses is justified, where consistent with ORS Chapter 541, 
in any of the following circumstances: 
(a) Dredging to obtain fill for maintenance of an existing functioning dike where an analysis of alternatives 
demonstrates that other sources of fill material including adjacent upland soils or stockpiling of material from 
approved dredging projects can not reasonably be utilized for the proposed project or that land access by 
necessary construction machinery is not feasible; 
(b) Dredging to maintain adequate depth to permit continuation of present level of navigation in the area to be 
dredged; 
(c) Fill or other alteration for a new navigational structure where both the structure and the alteration are shown 
to be necessary for the continued functioning of an existing federally authorized navigation project such as a 
jetty or a channel; 
(d) An exception to allow minor fill, dredging, or other minor alteration of a natural management unit for a boat 
ramp or to allow piling and shoreline stabilization for a public fishing pier; 
(e) Dredge or fill or other alteration for expansion of an existing public non-water-dependent use or a 
nonsubstantia! fill for a private nonwater-dependent use (as provided for in ORS 541.625) where: 
(A) A Countywide Economic Analysis based on the factors in Goal 9 demonstrates that additional land is 
required to accommodate the proposed use; and 
(B) An analysis of the operational characteristics of the existing use and proposed expansion demonstrates that 
the entire operation or the proposed expansion cannot be reasonably relocated; and 
(C) That the size and design of the proposed use and the extent of the proposed activity are the minimum 
amount necessary to provide for the use. 
(f) In each of the situations set forth in subsections (7)(a) to (e) of this rule, the exception must demonstrate that 
proposed use and alteration (inc luding, where applicable, disposal of dredged materials) will be carried out in a 
manner which minimizes adverse impacts upon the affected aquatic and shoreland areas and habitats. 
Page 14 of 14 
104 
(9) Goal 17 -- Incompatible Uses in Coastal Shoreland Areas: Exceptions are required to allow certain uses in 
Coastal Shoreland areas: 
(a) These Coastal Shoreland Areas include: 
(A) Major marshes, significant wildlife habitat, coastal headlands, exceptional aesthetic-resources and historic 
and archaeological sites; 
(B) Shorelands in urban and urbanizable areas, in rural areas built upon or irrevocably committed to non-
resource use and in unincorporated communities pursuant to OAR chapter 660, division 022 (Unincorporated 
Communities) that are suitable for water dependent uses; 
(C) Designated dredged material disposal sites; 
(D) Designated mitigation sites. 
(b) To allow a use which is incompatible with Goal 17 requirements for coastal shoreland areas listed in 
subsection (9)(a) of this rule the exception must demonstrate: 
(A) A need, based on the factors in Goal 9, for additional land to accommodate the proposed use; 
(B) Why the proposed use or activity needs to be located on the protected site considering the unique 
characteristics of the use or the site which require use of the protected site; and 
(C) That the project cannot be reduced in size or redesigned to be consistent with protection of the site and 
where applicable consistent with protection of natural values. 
(c) Exceptions to convert a dredged material disposal site or mitigation site to another use must also either not 
reduce the inventory of designated and protected sites in the affected area below the level identified in the 
estuary plan or be replaced through designation and protection of a site with comparable capacity in the same 
area; 
(d) Uses which would convert a portion of a major marsh, coastal headland, significant wildlife habitat, 
exceptional aesthetic resource, or historic or archaeological site must use as little of the site as possible, be 
designed and located and, where appropriate, buffered to protect natural values of the remainder of the site. 
(e) Exceptions to designate and protect for water-dependent uses an amount of shorelands less than is required 
by Goal 17 Coastal Shoreland Uses Requirement 2 must demonstrate compliance with the following: 
(A) Based on the factors of Goals 8 and 9, there is no need during the next 20-year period for the amount of 
water-dependent shorelands required by Goal 17 Coastal Shoreland Uses Requirement 2 for all cities and the 
county in the estuary. The Goal 8 and Goal 9 analyses must be conducted for the entire estuary and its 
shorelands, and must consider the water-dependent use needs of all local government jurisdictions along the 
estuary, including the port authority if any, and be consistent with the Goal 8 and Goal 9 elements of the 
comprehensive plans of those jurisdictions. 
(B) There is a demonstrated need for additional land to accommodate the proposed use(s), based on one or more 
of the requirements of Goals 3 to 18, 
(10) Goal 18 - Foredune Breaching: A foredune may be breached when the exception demonstrates an existing 
dwelling located on the foredune is experiencing sand inundation and the grading or removal of sand is: 
(a) Only to the grade of the dwelling; 
(b) Limited to the immediate area in which the dwelling is located; 
(c) Sand is retained in the dune system by placement on the beach in front of the dwelling; and 
(d) The provisions of Goal 1 8 Implementation Requirement 1 are met. 
(11) Goal 18 - Foredune Development: An exception may be taken to the foredune use prohibition in Goal 18 
"Beaches and Dunes", implementation requirement (2). Reasons which justify why this state policy embodied in 
Goal 18 should not apply shall demonstrate compliance with the following: 
(a) The use will be adequately protected from any geologic hazards, wind erosion, undercutting ocean flooding 
and storm waves, or is of minimal value; and 
(b) The use is designed to minimize adverse environmental effects; 
(c) The provisions of OAR 660-004-0020 shall also be met. 
[Publications: Publications referenced are available from the agency.] 
Stat. Auth.. ORS 197.040 
Stats. Implemented: ORS 195.012, 197.040, 197.712,197.717,and 197.732 
Hist.. LCDC 9-1983, f. & ef. 12-30-83; LCDC 1-1984, f. & ef. 2-10-84; LCDC 3-1984, f. & ef. 3-21-84; LCDC 
4-1985, f. & ef. 8-8-85; LCDC 8-1994, f. & cert. ef. 12-5-94; LCDD 7-1999, f. & cert. ef. 8-20-99; LCDD 3-
Page 14 of 14 
105 
2004, f. & cert ef. 5-7-04; LCDD 2-2006, f. &cert. ef. 2-15-06; LCDD 6-2006, f. 7-13-06, cert. ef. 7 14-06; 
LCDD 9-2006, f. & cert. ef. 11-1 5-06 
660-004-0025 
Exception Requirements for Land Physically Developed to Other Uses 
(1) A local government may adopt an exception to a goal when the land subject to the exception is physically 
developed to the extent that it is no longer available for uses allowed by the applicable goal. 
(2) Whether land has been physically developed with uses not allowed by an applicable Goal, will depend on the 
situation at the site of the exception The exact nature and extent of the areas found to be physically developed 
shall be clearly set forth in the justification for the exception The specific area(s) must be shown on a map or 
otherwise described and keyed to the appropriate findings of fact. The findings of fact shall identify the extent 
and location of the existing physical development on the land and can include information on structures, roads, 
sewer and water facilities, and utility facilities. Uses allowed by the applicable goal(s) to which an exception is 
being taken shall not be used to justify a physically developed exception. 
Stat. Auth.. ORS 197 
Stats Implemented ORS 197.732 
Hist.. LCDC 5-1982, f. & ef. 7-21 82; LCDC 9-1983, f. & ef. 12-30-83 
660-004-0028 
Exception Requirements for Land Irrevocably Committed to Other Uses 
(1) A local government may adopt an exception to a goal when the land subject to the exception is irrevocably 
committed to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors 
make uses allowed by the applicable goal impracticable: 
(a) A "committed exception" is an exception taken in accordance with ORS 197.732(l)(b), Goal 2, Part 11(b), 
and with the provisions of this rule; 
(b) For the purposes of this rule, an "exception area" is that area of land for which a "committed exception" is 
taken; 
(c) An "applicable goal," as used in this section, is a statewide planning goal or goal requirement that would 
apply to the exception area if an exception were not taken. 
(2) Whether land is irrevocably committed depends on the relationship between the exception area and the lands 
adjacent to it. The findings for a committed exception therefore must address the following: 
(a) The characteristics of the exception area; 
(b) The characteristics of the adjacent lands; 
(c) The relationship between the exception area and the lands adjacent to it, and 
(d) The other relevant factors set forth in OAR 660-004-0028(6). 
(3) Whether uses or activities allowed by an applicable goal are impracticable as that term is used in ORS 
I97.732(l)(b), in Goal 2, Part 11(b), and in this rule shall be determined through consideration of factors set forth 
in this rule. Compliance with this rule shall constitute compliance with the requirements of Goal 2, Part II. It is 
the purpose of this rule to permit irrevocably committed exceptions where justified so as to provide flexibility in 
the application of broad resource protection goals. It shall not be required that local governments demonstrate 
that every use allowed by the applicable goal is "impossible." For exceptions to Goals 3 or 4, local governments 
are required to demonstrate that only the following uses or activities are impracticable: 
(a) Farm use as defined in ORS 215.203, 
(b) Propagation or harvesting of a forest product as specified in OAR 660-033-0120; and 
(c) Forest operat ions or forest pract ices as specif ied in O A R 660-006-0025(2 ) (a ) . 
(4) A conclusion that an exception area is irrevocably committed shall be supported by findings of fact which 
address all applicable factors of section (6) of this rule and by a statement of reasons explaining why the facts 
support the conclusion that uses allowed by the applicable goal are impracticable in the exception area. 
(5) Findings of fact and a statement of reasons that land subject to an exception is irrevocably committed need 
not be prepared for each individual parcel in the exception area. Lands which are found to be irrevocably 
committed under this rule may include physically developed lands. 
(6) Findings of fact for a committed exception shall address the following factors: 
(a) Existing adjacent uses; 
Page 14 of 14 
106 
( b ) Exis t ing publ ic fac i l i t i es and services (water and s e w e r lines, etc.); 
( c ) Pa rce l size and o w n e r s h i p pa t te rns of the except ion area and ad jacent lands: 
(A) Consideration of parcel size and ownership patterns under subsection (6)(c) of this rule shall include an 
analysis of how the existing development pattern came about and whether findings against the Goals were made 
at the time of partitioning or subdivision. Past land divisions made without application of the Goals do not in 
themselves demonstrate irrevocable commitment of the exception area. Only if development (e.g., physical 
improvements such as roads and underground facilities) on the resulting parcels or other factors make unsuitable 
their resource use or the resource use of nearby lands can the parcels be considered to be irrevocably committed. 
Resource and nonresource parcels created pursuant to the applicable goals shall not be used to justify a 
committed exception. For example, the presence of several parcels created for nonfarm dwellings or an intensive 
commercial agricultural operation under the provisions of an exclusive farm use zone cannot be used to justify a 
committed exception for land adjoining those parcels; 
(B) Existing parcel sizes and contiguous ownerships shall be considered together in relation to the land's actual 
use. For example, several contiguous undeveloped parcels (including parcels separated only by a road or 
highway) under one ownership shall be considered as one farm or forest operation. The mere fact that small 
parcels exist does not in itself constitute irrevocable commitment. Small parcels in separate ownerships are more 
likely to be irrevocably committed if the parcels are developed, clustered in a iarge group or clustered around a 
road designed to serve these parcels. Small parcels in separate ownerships are not likely to be irrevocably 
committed if they stand alone amidst larger farm or forest operations, or are buffered from such operations. 
(d) Neighborhood and regional characteristics; 
(e) Natural or man-made features or other impediments separating the exception area from adjacent resource 
land. Such features or impediments include but are not limited to roads, watercourses, utility lines, easements, or 
rights-of-way that effectively impede practicable resource use of all or part of the exception area; 
(f) Physical development according to OAR 660-004-0025; and 
(g) Other relevant factors. 
(7) The evidence submitted to support any committed exception shall, at a minimum, include a current map, or 
aerial photograph which shows the exception area and adjoining lands, and any other means needed to convey 
information about the factors set forth in this rule. For example, a local government may use tables, charts, 
summaries, or narratives to supplement the maps or photos. The applicable factors set forth in section (6) of this 
rule shall be shown on the map or aerial photograph. 
(8) The requirement for a map or aerial photograph in section (7) of this rule only applies to the following 
committed exceptions: 
(a) Those adopted or amended as required by a Continuance Order dated after the effective date of section (7) of 
this rule; and 
(b) Those adopted or amended after the effective date of section (7) of this rule by a jurisdiction with an 
acknowledged comprehensive plan and land use regulations. 
Stat. Auth.: ORS 183&ORS 197 
Stats. Implemented: ORS 197.732 & ORS 197.736 
Hist.. LCDC 5-1982, f, & ef. 7-21-82, LCDC 9-1983, f. & ef. 12-30-83; LCDC 5-1985, f. & ef. 11-15-85; 
LCDC 4-1996, f. & cert. ef. 12-23-96 
660-004-0030 
Notice and Adoption of an Exception 
(1) Goal 2 requires that each notice of a public hearing on a proposed exception shall specifically note that a 
goal exception is proposed and shall summarize the issues in an understandable manner. 
(2) A planning exception takes effect when the comprehensive plan or plan amendment is adopted by the city or 
county governing body. Adopted exceptions will be reviewed by the Commission when the comprehensive plan 
is reviewed for compliance with the goals, when a plan amendment is reviewed pursuant to OAR chapter 660, 
division 18, or when a periodic review is conducted pursuant to ORS 197.640. 
Stat. Auth.. ORS 197 
Stats. Implemented ORS 197.610-ORS 197.625, ORS 197.628 -ORS 197.646 & ORS 197 732 
Hist.. LCDC 5-1982, f. & ef. 7-21-82; LCDC 9-1983, f. & ef. 12-30-83 
Page 14 of 14 
107 
660-004-0035 
A p p e a l o f a n Except ion 
(1) Prior to acknowledgment, an exception, or the failure to take a required exception, may be appealed to the 
Land Use Board of Appeals, pursuant to ORS 197.830, or to the Commission as an objection to the local 
government's request for acknowledgment, pursuant to ORS 197.251 and OAR 660-003-0000. 
(2) After acknowledgment, an exception taken 
as part of a plan amendment, or the failure to take a required exception when amending a plan, may be appealed 
to the Board, pursuant to ORS 197.620 and OAR chapter 660, division 18 
(3) After acknowledgment, an exception taken as part of a periodic review work task submitted under OAR 660-
025-0130, or failure to take a required exception when amending a plan, may be appealed to the Commission 
pursuant to ORS 197.633 and OAR 660-025-0150 and 0160 
Stat. Auth.. ORS 197 
Stats Implemented ORS 197.610 197.625, 197.732 & 197.830 
Hist.. LCDC 5-1982, f. & ef. 7-21-82; LCDC 9-1983, f. & ef. 12-30-83, LCDD 3-2004, f. & ceit. ef. 5-7-04 
660-004-0040 
Application of Goal 14 (Urbanization) to Rural Residential Areas 
(1) The purpose of this rule is to specify how Statewide Planning Goal 14, Urbanization, applies to rural lands 
in acknowledged exception areas planned for residential uses, 
(2)(a) This rule applies to lands that are not within an urban growth boundary, that are planned and zoned 
primarily for residential uses, and for which an exception to Statewide Planning Goal 3, (Agricultural Lands), 
Goal 4 (Forest Lands), or both has been taken. Such lands are referred to in this rule as rural residential areas. 
(b) Sections (1) to (8) of this rule do not apply to the creation of a lot or parcel, or to the development or use of 
one single-family home on such lot or parcel, where the application for partition or subdivision was filed with 
the local government and deemed to be complete in accordance with ORS 215.427(3) before the effective date 
of Sections (1) to (8) of this rule. 
(c) This rule does not apply to types of land listed in (A) through (H) of this subsection: 
(A) land inside an acknowledged urban growth boundary; 
(B) land inside an acknowledged unincorporated community boundary established pursuant to OAR Chapter 
660, Division 022, 
(C) land in an acknowledged urban reserve area established pursuant to OAR Chapter 660, Division 021, 
(D) land in an acknowledged destination resort established pursuant to applicable land use statutes and goals; 
(E) resource land, as defined in OAR 660-004-0005(2); 
(F) nonresource land, as defined in OAR 660-004-0005(3); 
(G) marginal land, as defined in ORS 197.247, 1991 Edition; 
(H) land planned and zoned primarily for rural industrial, commercial, or public use. 
(3)(a) This rule shall take effect on the effective date of an amendment to Goal 14 to provide for development of 
all lawfully created lots and parcels created in rural residential areas prior to the effective date of the amendment 
to Goal 14. 
(b) Some rural residential areas have been reviewed for compliance with Goal 14 and acknowledged to comply 
with that goal by the department or commission in a periodic review, acknowledgment, or post-acknowledgment 
plan amendment proceeding that occulted after the Oregon Supreme Court's 1986 ruling in 1000 Friends of 
Oregon v. I,CDC, 301 Or 447 (Curry County), and before the effective date of this rule. Nothing in this rule 
shall be construed to require a local government to amend its acknowledged comprehensive plan or land use 
regulations for those rural residential areas already acknowledged to comply with Goal 14 in such a proceeding. 
However, if such a local government later amends its plan's provisions or land use regulations that apply to any 
rural residential area, it shall do so in accordance with this rule. 
(4) The rural residential areas described in Subsection (2)(a) of this rule are rural lands. Division and 
development of such lands are subject to Statewide Planning Goal 14, Urbanization, which prohibits urban use 
of rural lands. 
(5)(a) A rural residential zone currently in effect shall be deemed to comply with Goal 14 if that zone requires 
any new lot or parcel to have an area of at least two acres. 
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(b) A rural residential zone does not comply with Goal 14 if that zone allows the creation of any new lots or 
parcels smaller than two acres. For such a zone, a local government must either amend the zone's minimum lot 
and parcel size provisions to require a minimum of at least two acres or take an exception to Goal 14. Until a 
local government amends its land use regulations to comply with this subsection, any new lot or parcel created 
in such a zone must have an area of at least two acres. 
(c) For purposes of this section, "rural residential zone currently in effect" means a zone applied to a rural 
residential area, in effect on the effective date of this rule, and acknowledged to comply with the statewide 
planning goals. 
(6) After the effective date of this rule, a local government's requirements for minimum lot or parcel sizes in 
rural residential areas shall not be amended to allow a smaller minimum for any individual lot or parcel without 
taking an exception to Goal 14 pursuant to OAR 660, Division 014. 
(7)(a) The creation of any new lot or parcel smaller than two acres in a rural residential area shall be considered 
an urban use. Such a lot or parcel may be created only if an exception to Goal 14 is taken. This subsection shall 
not be construed to imply that creation of new lots or parcels two acres or larger always complies with Goal 14. 
The question of whether the creation of such lots or parcels complies with Goal 14 depends upon compliance 
with all provisions of this rule. 
(b) Each local government must specify a minimum area for any new lot or parcel that is to be created in a rural 
residential area. For the puiposes of this rule, that minimum area shall be referred to as the minimum lot size, 
(c) If, on the effective date of this rule, a local government's land use regulations specify a minimum lot size of 
two acres or more, the area of any new lot or parcel shall equal or exceed that minimum lot size which is already 
in effect. 
(d) If, on the effective date of this rule, a local government's land use regulations specify a minimum lot size 
smaller than two acres, the area of any new lot or parcel created shall equal or exceed two acres. 
(e) A local government may authorize a planned unit development (PUD), specify the size of lots or parcels by 
averaging density across a parent parcel, or allow clustering of new dwellings in a rural residential area only if 
all conditions set forth in paragraphs (7)(e)(A) through (7)(e)(H) are met: 
(A) The number of new dwelling units to be clustered or developed as a PUD does not exceed 10. 
(B) The number of new lots or parcels to be created does not exceed 10. 
(C) None of the new lots or parcels will be smaller than two acres. 
(D) The development is not to be served by a new community sewer system. 
(E) The development is not to be served by any new extension of a sewer system from within an urban growth 
boundary or from within an unincorporated community. 
(F) The overall density of the development will not exceed one dwelling for each unit of acreage specified in the 
local government's land use regulations on the effective date of this rule as the minimum lot size for the area. 
(G) Any group or cluster of two or more dwelling units will not force a significant change in accepted farm or 
forest practices on nearby lands devoted to farm or forest use and will not significantly increase the cost of 
accepted farm or forest practices there. 
(H) For any open space or common area provided as a part of the cluster or planned unit development under this 
subsection, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records. The 
deed restrictions shall preclude all future rights to construct a dwelling on the lot, parcel, or tract designated as 
open space or common area for as long as the lot, parcel, or tract remains outside an urban growth boundary. 
(f) Except as provided in subsection (e) of this section, a local government shall not allow more than one 
permanent single-family dwelling to be placed on a lot or parcel in a rural residential area. Where a medical 
hardship creates a need for a second household to reside temporarily on a lot or parcel where one dwelling 
already exists, a local government may authorize the temporary placement of a manufactured dwelling or 
recreational vehicle. 
(g) In rural residential areas, the establishment of a new mobile home park or manufactured dwelling park as 
defined in ORS 446.003(32) shall be considered an urban use if the density of manufactured dwellings in the 
park exceeds the density for residential development set by this rule's requirements for minimum lot and parcel 
sizes. Such a park may be established only if an exception to Goal 14 is taken. 
(h) A local government may allow the creation of a new parcel or parcels smaller than a minimum lot size 
required under subsections (a) through (d) of this section without an exception to Goal 14 only if the conditions 
described in paragraphs (A) through (D) of this subsection exist: 
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(A) The parcel lo be divided has two or more permanent habitable dwellings on it; 
(B) The permanent habitable dwellings on the parcel to be divided were established there before the effective 
date of this rule; 
(C) Each new parcel created by the partition would have at least one of those permanent habitable dwellings on 
it; and 
(D) The partition would not create any vacant parcels on which a new dwelling could be established. 
(E) For purposes of this rule, "habitable dwelling" means a dwelling that meets the criteria set forth in ORS 
215.283(t)(A)-(t)(D). 
(1) For rural residential areas designated after the effective date of this rule, the affected county shall either: 
(A) Require that any new lot or parcel have an area of at least ten acres, or 
(B) Establish a minimum size of at least two acres for new lots or parcels in accordance with the requirements 
for an exception to Goal 14 in OAR 660, Division 014. The minimum lot size adopted by the county shall be 
consistent with OAR 660-004-0018, "Planning and Zoning for Exception Areas." 
(8)(a) Notwithstanding the provisions of Section 7 of this rule, divisions of rural residential land within one mile 
of an urban growth boundaiy for any city or urban area listed in paragraphs (A) through (E) of this subsection 
shall be subject to the provisions of subsections (8)(b) and (8)(c). 
(A) Ashland; 
(B) Central Point; 
(C) Medford; 
(D) Newberg; 
(E) Sandy. 
(b) If a city or urban area listed in Subsection (8)(a): 
(A) has an urban reserve area that contains at least a twenty-year reserve of land and that has been 
acknowledged to comply with OAR 660, Division 021; or 
(B) is part of a regional growth plan that contains at least a twenty-year regional reserve of land beyond the land 
contained within the collective urban growth boundaries of the participating cities, and that has been 
acknowledged through the process prescribed for Regional Problem Solving in ORS 197.652 through 197.658, 
then any division of rural residential land in that reserve area shall be done in accordance with the acknowledged 
urban reserve ordinance or acknowledged regional growth plan. 
(c) Notwithstanding the provisions of Section 7 of this rule, if any part of a lot or parcel to be divided is less than 
one mile from an urban growth boundary for a city or urban area listed in Subsection (8)(a), and if that city or 
urban area does not have an urban reserve area acknowledged to comply with OAR 660, Division 021, or is not 
part of an acknowledged regional growth plan as described in Subsection (b), Paragraph (B), of this section, the 
minimum area of any new lot or parcel there shall be ten acres. 
(d) Notwithstanding the provisions of Section 7, if the Portland metropolitan service district has an urban 
reserve area that contains at least a twenty-year reserve of land and that has been acknowledged to comply with 
OAR 660, Division 021, any division of rural residential land in that reserve area shall be done in accordance 
with the acknowledged urban reserve ordinance. 
(e) Notwithstanding the provisions of Section 7. if any part of a lot or parcel to be divided is less than one mile 
from the urban growth boundary for the Portland metropolitan area and is in a rural residential area, and if the 
Portland metropolitan area does not have an urban reserve area that contains at least a twenty-year reserve of 
land and that has been acknowledged to comply with OAR 660, Division 021, the minimum area of any new lot 
or parcel there shall be twenty acres. If the lot or parcel to be divided also lies within the area governed by the 
Columbia River Gorge National Scenic Area Act, the division shall be done in accordance with the provisions of 
that act. 
(f) Notwithstanding the provisions of Section 7 and Subsection (8)(e), a local government may establish 
minimum area requirements smaller than twenty acres for some of the lands described in Subsection (8)(e). The 
selection of those lands and the minimum established for them shall be based on an analysis of the likelihood 
that such lands will urbanize, of their current parcel and lot sizes, and of the capacity of local governments to 
serve such lands efficiently with urban services at the densities set forth in the Metro 2040 plan. In no case shall 
the minimum area requirement set for such lands be smaller than 10 acres. 
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(g) A local government may allow the creation of a new parcel, or parcels, smaller than a minimum lot size 
required under subsections (a) through (f) of this section without an exception to Goal 14 only if the conditions 
described in paragraphs (A) through (E) of this subsection exist: 
(A) The parcel to be divided has two or more permanent, habitable dwellings on it; 
(B) The permanent, habitable dwellings on the parcel to be divided were established there before the effective 
date of OAR 660-004-0040; 
(C) Each new parcel created by the partition would have at least one of those permanent, habitable dwellings on 
it; 
(D) The partition would not create any vacant parcels on which new dwellings could be established; and 
(E) The resulting parcels shall be sized to promote efficient future urban development by ensuring that one of 
the parcels is the minimum size necessary to accommodate the residential use of the parcel. 
(F) For purposes of this rule, habitable dwelling means a dwelling that meets the criteria set forth in ORS 
215.283(l)(t)(A) - (D). 
(9) The development, placement, or use of one single-family dwelling on a lot or parcel lawfully created in an 
acknowledged rural residential area is allowed under this rule and Goal 14, subject to all other applicable laws. 
Stat. Auth.: ORS 183 & 197 
Stats. Implemented: ORS 197.175 & 197.732 
Hist.: LCDD 7-2000, f. 6-30-00, cert. ef. 10-4-00; LCDD 3-2001, f. & cert. ef. 4-3-01, LCDD 3-2004, f. & cert, 
ef. 5-7-04 
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Exhibit 6 
Oregon Revised Statutes 
Chapter 197 — Comprehensive Land Use Planning Coordination 
2005 EDITION 
197.732 Goal exceptions; criteria; rules; review. (1) A local government may adopt an 
exception to a goal if: 
(a) The land subject to the exception is physically developed to the extent that it is no longer 
available for uses allowed by the applicable goal, 
(b) The land subject to the exception is irrevocably committed as described by Land 
Conservation and Development Commission rule to uses not allowed by the applicable goal 
because existing adjacent uses and other relevant factors make uses allowed by the applicable 
goal impracticable; or 
(c) The following standards are met: 
(A) Reasons justify why the state policy embodied in the applicable goals should not apply; 
(B) Areas which do not require a new exception cannot reasonably accommodate the use; 
(C) The long term environmental, economic, social and energy consequences resulting from 
the use at the proposed site with measures designed to reduce adverse impacts are not 
significantly more adverse than would typically result from the same proposal being located in 
areas requiring a goal exception other than the proposed site; and 
(D) The proposed uses are compatible with other adjacent uses or will be so rendered through 
measures designed to reduce adverse impacts. 
(2) "Compatible," as used in subsection (l)(c) of this section, is not intended as an absolute 
term meaning no interference or adverse impacts of any type with adjacent uses. 
(3) The commission shall adopt rules establishing: 
(a) That an exception may be adopted to allow a use authorized by a statewide planning goal 
that cannot comply with the approval standards for that type of use; 
(b) Under what circumstances particular reasons may or may not be used to justify an 
exception under subsection (l)(c)(A) of this section; and 
(c) Which uses allowed by the applicable goal must be found impracticable under subsection 
(1) of this section. 
(4) A local government approving or denying a proposed exception shall set forth findings of 
fact and a statement of reasons which demonstrate that the standards of subsection (1) of this 
section have or have not been met. 
(5) Each notice of a public hearing on a proposed exception shall specifically note that a goal 
exception is proposed and shall summarize the issues in an understandable manner. 
(6) Upon review of a decision approving or denying an exception: 
(a) The board or the commission shall be bound by any finding of fact for which there is 
substantial evidence in the record of the local government proceedings resulting in approval or 
denial of the exception; 
(b) The board upon petition, or the commission, shall determine whether the local 
government's findings and reasons demonstrate that the standards of subsection (1) of this 
section have or have not been met; and 
(c) The board or commission shall adopt a clear statement of reasons which sets forth the 
basis for the determination that the standards of subsection (1) of this section have or have not 
114 
been met. 
(7) The commission shall by rule establish the standards required to justify an exception to 
the definition of "needed housing" authorized by ORS 197.303 (3). 
(8) As used in this section, "exception" means a comprehensive plan provision, including an 
amendment to an acknowledged comprehensive plan, that. 
(a) Is applicable to specific properties or situations and does not establish a planning or 
zoning policy of general applicability; 
(b) Does not comply with some or all goal requirements applicable to the subject properties 
or situations; and 
(c) Complies with standards under subsection (1) of this section. 
(9) An exception acknowledged under ORS 197!251, 197.625 or 197.630 (1) (1981 
Replacement Part) on or before August 9, 1983, continues to be valid and is not be subject to this 
s e c t i o n . H983 C.827 619a; 1995 c.521 S3: 2.005 C.67 811 - » — L ' ' " * J 5 O J 
o 
115