Oregon 
Theodore R KjibngDski, Governor 
NOTICE OF ADOPTED AMENDMENT 
Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
Mis. 
8/19/2010 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: Polk County Plan Amendment 
DLCD File Number 002-10 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Wednesday, September 01, 2010 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Jerry Sorte, Polk County 
Jon Jinings, DLCD Community Services Specialist 
Gary Fish, DLCD Regional Representative 
<paa> YA 
• I[1 person ^ eiociroiiiu • mailed 
2 DLCD DEPTOF 
Notice of Adoption AUG12 *m 
THIS FORM MUST BE MAILED TO DLCD C O N S E R VAT(ON 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION A N ° DEVELOPMEWT 
PERORS 197.610, OAR CHAPTER 660 -DIVISION 18 i l , t !>! s:0lll> 
Jurisdiction: Polk County Local file number: PA 10-02 & ZC 10-02 
Date of Adoption: 8/11/2010 Date Mailed: 8/11/2010 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 5/10/2010 
Comprehensive Plan Text Amendment ^ Comprehensive Plan Map Amendment 
D Land Use Regulation Amendment Zoning Map Amendment 
D New Land Use Regulation O Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
The adopted amendments consist of a Comprehensive Plan Map amendment from Agriculture (AG) and 
Unincorporated Community Commercial (UCC) to Unincorporated Community Industrial (UCI), a 
Comprehensive Plan text amendment to include a "physically developed" exception to Statewide Planning 
Goal 3, and a Zoning Map amendment to change the zoning from Exclusive Farm Use (EFU)/Limited Use 
Overlay (LU) and Unincorporated Community Commercial General (UC-CG)/LU to Unincorporated 
Community Light Industrial (UC-IL). 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: AG & UCC to: UCI 
Zone Map Changed from: EFU/LU & UC-CG/LU to: UC-IL 
Location: 12680 South Pacific Highway West, Monmouth, Oregon Acres Involved: 2 
Specify Density: Previous: 80 acres (EFU) & No min parcel size (UC-CG) New: : No min parcel size 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? ^ YES • NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? Yes • No 
If no, do the statewide planning goals apply? D Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes Q No 
DLCD File No. 002-10 (18103) [16275] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
ODOT 
Local Contact: Jerry Sorte 
Address: 850 Main Street 
City: Dallas Zip: 97338 
Phone: (503) 623-9237 Extension: 
Fax Number: 503-623-6009 
E-mail Address: sorte.jerry@eo.polk.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This form must be mailed to DLCD within 5 working days after the final decision 
perORS 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.uIIoa@state.or.us - ATTENTION: 
PLAN AMENDMENT SPECIALIST. 
http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27, 2006 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
BEFORE THE BOARD OF COMMISSIONERS 
FOR THE COUNTY OF POLK, STATE OF OREGON 
In the Matter of Plan Amendment PA 10-02 and Zone Change ) 
ZC 10-02 on an approximately 2- Acre Property Zoned Exclusive ) 
Farm Use / Limited Use Overlay and Unincorporated Community ) 
Commercial General / Limited Use Overlay at Township 9S, ) 
Range 4 W, Section 31, Assessment Map Tax Lot 100 ) 
ORDINANCE NO. 10-09 
WHEREAS, the Board of Commissioners held a public hearing on July 28, 2010 with due notice 
of such public hearing having been given, and provided an opportunity for public comments and 
testimony; and 
WHEREAS, the Board of Commissioners received a recommendation in support of Plan 
Amendment PA 10-02 and Zone Change ZC 10-02 from the Polk County Hearings Officer based upon 
his public hearing and conclusions; and 
WHEREAS, the Board of Commissioners received a recommendation in support of Plan 
Amendment PA 10-02 and Zone Change ZC 10-02 from Polk County Planning staff based upon the 
findings and evidence in the record; and 
WHEREAS, the Board of Commissioners on July 28, 2010, publicly deliberated and 
unanimously passed a motion to approve Plan Amendment PA 10-02 and Zone Change ZC 10-02; now, 
therefore: 
THE POLK COUNTY BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS: 
Sec. 1. That Polk County adopts the findings for Plan Amendment PA 10-02 and Zone Change ZC 10-02 
located in the Hearings Officer's recommendation as shown on Exhibit C. 
Sec. 2. That Polk County adopts as part of the Polk County Comprehensive Plan a "physically 
developed" exception to Oregon Statewide Planning Goal 3 for the subject property. Polk County 
amends Appendix F.l of the Polk County Comprehensive Plan to include the "physically 
developed" exception findings located in the Hearings Officer's recommendation. 
Sec. 3. That Polk County amends the Polk County Comprehensive Plan Map for the subject property 
from Agriculture (AG) and Unincorporated Community Commercial (UCC) to Unincorporated 
Community Industrial (UCI) as shown on Exhibit A. 
Sec. 4. That Polk County amends the Polk County Zoning Map for the subject parcel from Exclusive 
Farm Use (EFU)/Limited Use Overlay (LU) and Unincorporated Community Commercial 
General (UC-CG)/Limited Use Overlay (LU) to Unincorporated Community Light Industrial 
(UC-IL) as shown on Exhibit B. 
Sec. 5. An emergency is declared, and the provisions of this ordinance become effective upon its 
adoption. 
Ordinance 10-09 
j 0 1 3 8 3 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
Dated this 11th day of August 2010 at Dallas, Oregon. 
POLK COUNTY BOARD OF COMMISSIONERS 
Ron Dodge, Commissioner 
mn. 
Tom Ritchey, Commissioner 
Appro^d as to form: 
Recording Secretary: 
Ordinance 10-09 
This map was produced (rom ihe Polk County geographic 
databases to support Us governmental activities. 
This product is for informational purposes and may nol have 
been prepared for, or be suitable for legal, engineering, 
or surveying purposes. The County is nol responsible 
for any map errors, possible misuse, or misinterpretation. 
110 220 
I 
440 Feet 
I 
N 
A 
7-7 7-6 7:5. 7-4 
r 
8-8 8-7 8-6 .8 S . * 
9-8 9-7 ; !) .6 ; 9-5 - 9 - 4 / 
10-8 10-7 
1 ( n 
This map was produced from Ihe Polk Counly geographic 
databases to support ils governmental activities. 
This product is /or informational purposes and may not have 
been prepared for, or be suitable for legal, engineering, 
or surveying purposes. The County is nol responsible 
for any map errors, possible misuse, or misinterpretation. 
110 
i 
220 
_ I 
N 
440 Feet 
_ J 
G 8 ~ 6-7 6-6 6-5 6-4 (> 3 -
7-8 7-7 7-6 7-5 7-4 
8-8 8-7 8-6 .-8-5 ; 
9-8 9-7 9,6 . 9-5 | 9-4 
10-8 10-7 10-6 i 0-5 ^ 
1 m 3 8 6 
Exhibit C 
BEFORE THE PLANNING DIVISION 
FOR POLK COUNTY, OREGON 
In the Matter of the application of ) 
H. E. & J. M. Pope Joint Revocable Trust) 
POLK COUNTY 
COMMUNITY DEVELOPMENT 
Plan Amendment 10-02 
Zone Change 10-02 
SUMMARY OF PROCEEDINGS 
This matter arose on the application of Howard E. Pope and Judith M. Pope Joint Revocable 
Trust (Wallace Lien PC, Applicants' representative) for a Polk County Comprehensive Plan (PCCP) 
Map amendment, a PCCP text amendment, and a zoning amendment. The subject property is 
located at 12680 South Pacific Highway West, Monmouth, Polk County, Oregon. The applicable 
review and decision criteria are Polk County Zoning Ordinance (PCZO) 111.140, 111.275, 115.050; 
Oregon Administrative Rules (OAR) 660-004-0025 and 660-012-0060; and the Oregon Statewide 
Planning Goals. 
The applicant is proposing a PCCP Map amendment from Agriculture and Unincorporated 
Community Commercial to Unincorporated Community Industrial; a PCCP text amendment to 
adopt a "physically developed" exception to Statewide Planning Goal 3, and a zone change from 
Exclusive Farm Use (EFU)/Limited Use Overlay (LU) to Unincorporated Community Light 
Industrial (UC-IL) for a 2-acre portion of an approximately 431-acre parcel. The 2-acre "subject 
property" is located in the Suver Junction Unincorporated Community, near the intersection of 
Highway 99W and Suver Road. In order to take into account the presence of Highway 99W, which 
abuts the subject property, and to provide consistency on the PCCP and Zoning Maps, the proposed 
PCCP Map amendment, zone change, and reasons exception would extend to the center of Highway 
99W. 
The applicant has proposed amending the Zoning Map so that the subject property is zoned' 
Unincorporated Community Light Industrial Zone (UC-IL). The subject property is currently used 
for an agricultural welding business. If these applications are approved, that use would be outright 
permitted. PCZO 167.040(C) permits any use allowed in PCZO 166.040(C). PCZO 166.040(C)(9) 
permits tractor and heavy equipment sales and service (SIC 352) subject to the small scale low 
impact standards. Within the uses permitted under SIC 352 is SIC 3523. SIC 3523 references farm 
machinery and equipment manufacturing, which would encompass an agricultural welding shop. 
The small scale low impact standards are subject to a building size limitation of 40,000 square feet. 
Based on a review of the 2008 Polk County Aerial Photograph, and using the measurement tools in 
the Polk County GIS, the buildings associated with the existing agricultural welding shop contain 
approximately 11,000 square feet. If these applications are approved, the existing agricultural 
welding shop would be outright permitted and would comply with the small scale low impact 
standards of the UC-IL zone. 
The applications were submitted on January 6, 2010. The applications were originally 
submitted to request a PCCP Map amendment to designate the subject property Unincorporated 
Community Commercial and a zone change to zone the subject property Unincorporated 
Community Commercial General. The Department of Land Conservation and Development 
(DLCD) 45-day notice was mailed on February 4, 2010. On May 7, 2010, the applicant amended 
the applications to request a PCCP Map amendment to designate the subject property 
Unincorporated Community Industrial and a zone change to zone the property Unincorporated 
Community Industrial Commercial. Staff mailed an amended 45-day notice to DLCD on May 10, 
2010. 
Table 1. Comprehensive Plan and Zoning Designations. 
Location Comprehensive Plan 
Designation 
Zoning Classification 
(See Zone map Attachment B) 
Subject Property Agriculture & Unincorporated Community Commercial 
Exclusive Farm Use/Limited Use Overlay 
& Unincorporated Community 
Commercial General/Limited Use 
Overlay 
Property North Agriculture Exclusive Farm Use 
Property South 
Unincorporated Community 
Commercial 
Unincorporated Community Commercial 
General 
Property East Agriculture Exclusive Farm Use 
Property West 
Unincorporated Community 
Commercial 
Unincorporated Community Commercial 
General 
(Property Description) 
The area subject to this application, described in this report as the "subject property" is a 2.0 
acre section of an approximately 431.0 acre parcel located at 12680 South Pacific Highway West, 
Monmouth, Oregon. The 431.0 acre parcel is identified on the Assessment Map as T9S, R4W, 
Section 31, Tax Lot 100; T9S, R4W, Section 29, Tax Lot 300; T9S, R4S, Section 30 Tax Lot 600; 
T9S, R4W, Section 32, Tax Lot 300. The subject property is that portion of Tax Lot 100 (T9S, 
R4W, Section 31) that is located in the Suver Junction Unincorporated Community. The subject 
property is located approximately 200 feet north of the intersection of Highway 99 W and Suver 
Road. Based on a review of the Polk County 2008 aerial photograph, the information in the record, 
and Polk County Assessor's records, the 2.0 acre subject property contains four commercial 
buildings. 
The 2.0 acre subject property is not identified as containing significant resources on the Polk 
County Significant Resource Areas Map. Based on a review of the National Wetland Inventory map, 
Lewisburg quadrangle, the subject property does not contain wetlands. The subject property is not 
located within an identified floodplain, pursuant to Federal Emergency Management Agency (FEMA) 
Flood Insurance Rate Map (FIRM) panel number 41053C0575F dated December 19,2006. 
The subject property was approved for a conditional use in 1988 by Polk County Planning 
Authorization CU 88-15 and Administrative Action No. 177, dated May 17, 1988. At that time, the 
subject property was zoned EFU, and the conditional use permit authorized an agricultural 
equipment repair and fabrication shop on the subject property as a commercial activity in 
conjunction with farm use. On September 12, 1990, Polk County approved applications CU 90-35 
and VAR 90-3 under Administrative Action No. 90-40. Those applications approved an expansion 
of the agricultural equipment repair and fabrication shop and permitted a variance to specific 
parking lot development standards. On September 28, 1992, Polk County approved LD 92-10 and 
CU 92-41 under Administrative Action No. 92-39. LD 92-10 permitted a partition of the 431.01 
acre parcel into a 2.00 acre parcel and a 429.01 acre parcel. The 2.00 acre parcel authorized under 
LD 92-10 would have contained the agricultural equipment repair and fabrication shop and would 
have been similar in configuration to the 2.00 property that is the subject of these applications. 
Based on a review of Polk County Planning and Survey records, LD 92-10 was not executed. CU 
92-41 permitted modifications to specific conditions in CU 88-15. 
(PCCP and Zoning History) 
Polk County underwent a legislative process to evaluate the Suver Junction Unincorporated 
Community boundary in 1999 and 2000. One result of this planning process was to include the 
subject 2.0 acre property in the Suver Junction Unincorporated Community and to zone the property 
to more closely reflect its use as an agricultural welding and repair service. This planning process 
acted to supersede the conditions of the conditional use permits granted in 1988, 1990, and 1992. 
The current PCCP and zoning designations of the subject property are the product of three 
conflicting ordinances. These ordinances are described below. 
Ordinance 00-04 was adopted by the Polk County Board of Commissioners on May 10, 
2000, and adopted findings for a "reasons" exception to Oregon Statewide Planning Goal 3 for the 
subject 2.0 acre property. This project was identified as Legislative Amendment 99-4. With regards 
to the subject property, Exhibit A to Ordinance 00-04 states that the request was to amend the 
PCCP designation of the 2.0 acre subject property from Agriculture to Unincorporated Community 
Industrial, change the zoning from EFU to Unincorporated Community Light Industrial with a 
limited use overlay, and include the area within the Suver Junction unincorporated community. The 
limited use overlay described in Ordinance 00-04 would restrict the use of the subject property to an 
agricultural welding and repair service. 
Ordinance 00-05 was also adopted by the Board of Commissioners on May 10, 2000, and 
adopted the PCCP and Zoning Maps for Legislative Amendment 99-4. These maps were intended to 
implement the changes described in Ordinance 00-04. The adopted PCCP and zoning map; 
however, only shows changes for a one acre portion of the subject property. That map depicts the 
1.0 acre area with a PCCP designation of Unincorporated Community Commercial and zoned 
Unincorporated Community Commercial General with a limited use overlay. The maps adopted by 
Ordinance 00-05 also depict the Suver Junction Unincorporated Community to only include that 1.0 
acre. 
The maps adopted by Ordinance 00-05 conflict with the description of the project in 
Ordinance 00-04 with regards to the size of the property, the PCCP designation, and the zoning 
designation. In an effort to clarify these discrepancies, Polk County adopted Ordinance 03-04 on 
September 17, 2003. Ordinance 03-04 adopted findings acknowledging that a "reasons" exception 
to Goal 3 was adopted by Ordinance 00-04. The findings adopted by Ordinance 03-04 also state that 
the Agriculture PCCP designation would apply to the 2.00 acre area. The Exclusive Farm Use zone 
would also apply to the subject property in addition to a limited use overlay zone in order to limit 
the uses of the property to those approved by the adopted "reasons" exception. The maps adopted 
by Ordinance 03-04 depict the unincorporated community boundary to include the 2.00 acre subject 
property. The PCCP and zoning maps adopted by Ordinance 03-04; however, conflict with the 
adopted findings. The maps adopted by Ordinance 03-04 clearly show that the limited use overlay 
applies to the 2.0 acre subject property. It is also clear that the 2.0 acre subject property was 
included in the Suver Junction Unincorporated Community. It is not clear; however, if the 
underlying PCCP designation or zoning designation changed. Based on a review of the maps 
adopted by Ordinance 03-04, Staff concluded the southern 1.0 acre of the 2.00 acre subject property 
was designated on the PCCP map as Unincorporated Community Commercial and the northern 1.0 
acre was designated Agriculture. The adopted zoning map shows the southern 1.0 acre of the 
property zoned Unincorporated Community Commercial General with a limited use overlay and 
northern 1.0 acre zoned Exclusive Farm Use with a limited use overlay. 
As described above, Ordinances 00-04, 00-05, and 03-04 all contain conflicting elements. It 
is the position of Staff that Ordinance 00-04, which adopted the "reasons" exception to Goal 3 for 
the subject property provides the intended PCCP map designation, zoning map designation, and 
unincorporated community boundary. Ordinance 00-05 failed to correctly implement Ordinance 00-
04, and Ordinance 03-04 failed to correct Ordinance 00-05. Staff concluded that the current, 
adopted designations of the subject property are depicted on the PCCP and zoning maps adopted by 
Ordinance 03-04. Those maps depict the 2.0 acre subject property entirely within the Suver Junction 
Unincorporated Community. The northern 1.00 acre of the subject property is designated 
1 O l 3 8 9 
Agriculture on the PCCP map and zoned EFU and contains what is practically an expanded use 
overlay rather than a limited use overlay to permit an agricultural welding and repair service. The 
southern one acre of the subject property is designated Unincorporated Community Commercial 
and zoned UC-CG with a limited use overlay to permit an agricultural welding and repair service. 
Functionally, a zoning designation of EFU with a limited use overlay to allow the industrial 
uses approved in the "reasons" exception adopted in Ordinance 00-04 would act as an expanded use 
overlay. The desired industrial use of the property for an agricultural welding and repair service 
operation is not specifically permitted in the EFU zone. 
Staff has concluded that the current PCCP and zoning designations are in error, and the 
subject property should have the designations described in Ordinance 00-04. As described in 
Ordinance 00-04, the subject property should be entirely located within the unincorporated 
community of Suver Junction, designated Unincorporated Community Industrial on the PCCP Map, 
and zoned Unincorporated Community Light Industrial with a limited use overlay to restrict use of 
the subject property to an agricultural welding and repair service. 
Table 2. Soil characteristics of the 2.00 acre subject property, as identified in the Natural 
Resources Conservation Service Soil Survey of Polk County, Oregon utilizing the Polk County 
Geographic Information System. 
Type Name Class High 
Value 
25 Dayton silt loam IVW Yes 
Note - The applicant states that the entire 2.0 acre subject property is covered by 10 to 12 
inches of compacted rock. 
(Notification) 
Notice of the June 29, 2010 public hearing before the Polk County Hearings Officer and the 
July 28, 2010 hearing before the Board of Commissioners was provided as required by PCZO 
111.340 to 111.370. Notice was mailed to property owners located within 750 feet of the outside 
perimeter of the subject portion of the subject property on June 3, 2010. Notice was printed in the 
local Itemizer-Observer newspaper on June 9, 2010. Notice was posted on the subject property on 
or prior to June 9, 2010. 
(Services) 
The subject property has frontage along Highway 99W, a principal arterial, as designated in 
the Polk County Transportation Systems Plan, Figure 3. It is located within the area served by the 
Luckiamute Domestic Water Coop. It would be served by a private sewage (septic) system. 
(Comments) 
The Oregon Department of Transportation has no land use problems with the application. 
Preliminary research shows an existing road permit (#30518) at the driveway that serves the subject 
property. 
No other written comments were received prior to the public hearing. 
PUBLIC HEARING 
A duly advertised public hearing was held in the Polk County Courthouse on June 29, 2010. 
In attendance were staff, applicant Howard Pope, and Wallace Lien, applicant's attorney. The 
Hearings Officer called the meeting to order, identified the subject property, and recited the 
admonitions required by law and ordinance. There were no objections as to notice, jurisdiction or 
conflict of interest. Staff identified the applicable review and decision criteria, summarized its 
report, and recommended approval of the application. Lien spoke in support of the application. He 
summarized the convoluted history of the subject parcel's PCCP designation and zoning, and 
1 O'? : ' S O 
endorsed the staff report and recommendation. No one else spoke for or against the application, so 
there was no occasion for a rebuttal. There was no request for a continuance or that the record be 
left open for additional submissions. There being no further business, the Hearings Officer declared 
the record closed and adjourned the meeting. 
Robert W. Oliver, Polk County Hearings Officer, presided. He had been given authority by 
the Polk County Board of Commissioners to conduct the hearing and make a recommendation for 
Board action on the matter. 
FINDINGS 
The authorizations for a PCCP amendment and a zone change are provided under PCZO 
115.050 and 111 .275. Under these provisions, the Hearings Officer conducts a public hearing 
pursuant to PCZO 115.030 and 111.190 and makes a recommendation to the Polk County Board of 
Commissioners. The Board conducts a public hearing pursuant to PCZO 115.030 and 111.200 and 
makes a final local decision. Staff findings and analysis are included below. The applicant provided 
findings that are included by reference in the findings, and are attached and identified as 
Attachment E of the staff report. 
(Comprehensive Plan Amendment) 
Amendments to the Comprehensive Plan Map must meet one or more of the following 
criteria: [PCZO 115.050(A)] 
A. The Comprehensive Plan designation is erroneous and the proposed amendment 
would correct the error, or [PCZO 115.050(A)(1)] 
B. The Comprehensive Plan Designation is no longer appropriate due to changing 
conditions in the surrounding area; and [PCZO 115.050(A)(2)] 
Applicant states that the clarification of the PCCP designation for the subject property as 
Unincorporated Community - Industrial, not Agriculture is governed by PCZO 115.050. 
PCZO 115.050(A) provides the threshold question for any quasi-judicial plan amendment, and 
allows the change if the current plan designation is in error and the application would correct that 
error. PCZO 115.050(A)(1). As discussed above, Ordinance 00-04 was intended to include the 
subject property in the unincorporated community of Suver Junction and to designate and zone it 
accordingly. While the property was mapped as being inside the Suver Junction boundary, the 
zoning and plan designations did not follow, and over a series of other land use actions was changed 
to be even more inconsistent. The ordinances attached to the original application clearly show the 
error, and how it was made worse over the years, so that now the subject property is inside the 
unincorporated community boundary, in full industrial use serving the surrounding community, but 
is zoned and planned only for agricultural use. This application corrects this error by putting back 
in place the UC-I plan designation and the UC-IL zone that were originally adopted, and thereby 
fulfills the mandates of PCZO 115.050(A). 
PCZO 115.050(B) deals with the scale and impact of buildings to be constructed in areas 
designated as unincorporated communities. In this case, no expansion of the Agriweld operation is 
proposed, and no new buildings are planned or sought as a result of this application. The existing 
buildings on the subject property are all under 4,000 square feet. No change in the way the business 
has operated or the customers or area that is served has taken place since 2000, or since 1988 when 
the business was first allowed under a conditional use permit (CU 88-15). 
This application complies with this criterion, because it is a pre-existing use of small scale and 
low impact and where no new buildings are being proposed. In addition, the existing use is local in 
nature, serves the surrounding agricultural community and employs local personnel, all of which 
confirm the decision of Ordinance 00-04 that the subject property should be designated 
Unincorporated Community - Industrial. 
In addition, because the property is already located inside the boundaries of the Suver Junction 
unincorporated community, it follows that it should have the corresponding plan designation. The 
erroneous Agriculture plan designation is not compatible with the mandates of the unincorporated 
community, and is inconsistent with the purposes and intent of the rural community. This 
inconsistency must be corrected, and the change to Unincorporated Community - Industrial is the 
best current fit, given the designation on other properties in the community and the pre-existing use 
of the subject property for its industrial uses. The PCCP amendment criteria are satisfied, and the 
correction should be made. 
Staff stated that the applicant contends that the current PCCP designation is erroneous and that 
the proposed amendment would correct the error. The applicant makes reference to discrepancies of 
past ordinances that have been adopted regarding the subject property. Staff agreed with the 
applicant that the current PCCP designations for the subject property are erroneous. 
As described above, Ordinances 00-04, 00-05, and 03-04 all contain conflicting elements with 
respect to the PCCP designation of the subject property. It is the position of Staff that Ordinance 00-
04, which adopted the "reasons" exception to Goal 3 for the subject property, provides the intended 
PCCP Map designation, Zoning Map designation, and unincorporated community boundary. To 
confuse matters, Ordinance 00-05 failed to correctly implement Ordinance 00-04, and Ordinance 
03-04 failed to correct Ordinance 00-05. Although erroneous, the current, adopted designations of 
the subject property are depicted on the most recently adopted PCCP and Zoning Maps, which are 
those adopted by Ordinance 03-04. Those maps depict the 2.0 acre subject property entirely within 
the Suver Junction Unincorporated Community. The northern 1.00 acre of the subject property is 
designated Agriculture on the PCCP map and zoned EFU and contains what is practically an 
expanded use overlay rather than a limited use overlay to permit an agricultural welding and repair 
service. The southern one acre of the subject property is designated Unincorporated Community 
Commercial and zoned UC-CG with a limited use overlay to permit an agricultural welding and 
repair service. 
Functionally, the maps adopted by Ordinance 03-04 are not consistent with the PCZO, which 
further supports the fact that they are erroneous. A zoning designation of EFU with a limited use 
overlay to allow the industrial uses approved in the "reasons" exception adopted in Ordinance 00-04 
would act as an expanded use overlay. The desired industrial use of the property for an agricultural 
welding and repair service operation is not specifically permitted in the EFU zone; therefore, those 
uses could not be permitted by limiting the permitted uses in the EFU zone. 
It is Staffs position that the current PCCP and zoning designations, which are those adopted by 
Ordinance 03-04, are in error. The subject property should actually have the designations described 
in Ordinance 00-04. As described in Ordinance 00-04, the subject property should be entirely 
located within the unincorporated community of Suver Junction (this is the only area in which 
Ordinance 00-04 and Ordinance 03-04 agree), designated Unincorporated Community Industrial on 
the PCCP Map, and zoned Unincorporated Community Light Industrial with a limited use overlay 
to restrict use of the subject property to an agricultural welding and repair service. 
Based on the findings above, staff and the Hearings Officer conclude that the existing PCCP 
designations for the subject property of Agriculture and Unincorporated Community Commercial 
are erroneous. The correct PCCP designation should be Unincorporated Community Industrial, and 
the applicant's proposal would provide the needed correction. 
(Physically Developed Exception) 
A. 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. [OAR 660-004-0025(1)] 
B. 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 
i a i 3 9 2 
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. [OAR 660-004-0025(2)] 
Applicant contends that a property that is physically developed to the extent it is no longer 
available for resource use may be exempted from the application of the resource goals (3 and 4). 
OAR 660-004-025(1). The physically developed exception is site specific, and must be clearly 
mapped. The nature of the physical development must be detailed. OAR 660-004-025(2). 
In this case the area to which the exception applies is identified generally as that approximate 
two acres of land that is in the southwest corner of TL 100. The location of the subject property is 
shown on the zone map in cross hatching. See Exhibit G of the application. The physically 
developed area is shown graphically on the aerial photographs attached hereto as Exhibit H of the 
application, and in several of the ground photographs in Exhibit I of the application. Finally the 
exception area is mapped in Exhibit J of the application. As close as can be estimated, the 
exception area is 225' wide by 400' long, which is just over two acres in size. 
The nature of the development is two shop buildings, a storage building and an office trailer 
together with a storage and display parking area that is compacted gravel that is between 10" and 
12" deep throughout the exception area. The physical development of the site can be seen in the 
aerial photography as Exhibit H and in several of the ground photos in Exhibit I of the application. 
All the development was lawfully established on the site. The welding business has been in 
existence for a long tim e and appears to have originally been grandfathered. The construction of the 
shop buildings was approved, and the use was legitimized in 1988 when Polk County approved 
Agriweld as a conditional use. The current level of gravel covering the parking lot was placed 
during the summer of 2000 after the site was included in the Suver Junction unincorporated 
community boundary and was appropriately zoned. 
The level of physical development is such that it precludes use of the site for resource 
purposes. It is impracticable and uneconomical to remove the gravel and buildings from the site in 
order to return them to resource use. In addition, the county has already included this site in the 
Suver Junction unincorporated community, making commercial type uses preferred over resource 
use. Retaining this site for the purpose of enhancing Suver Junction, on balance is more important 
than attempting to return the subject property to a resource use it has not been put to in over 20 
years. 
The UC-IL is an acknowledged zone that appropriately limits the type and size of uses that 
are allowed in the unincorporated community under the applicable OAR. As stated above, the 
approval of Agriweld in this instance will not conflict with adjacent uses; is compatible with the 
purpose and intent of the zone and PCCP designations; will have no effect on public facilities, and 
the size of the subject property at two acres is within the densities contemplated by the 
unincorporated communities rule, and is similar to the other parcel sizes that are also in the 
boundaries of Suver Junction. 
Applicant argues that all of the criteria for approval of the subject property as a physically 
developed exception have been satisfied and the exception should be granted. Staff agreed, and the 
Hearings Officer concurs. 
Staff says the applicant has identified the subject property on the plot plan, which is included 
as Attachment A of the staff report. The subject property consists of that portion of Tax Lot 100 
(T9S, R4W, Section 31) that is located in the Suver Junction Unincorporated Community. The 
subject property contains approximately 2.0 acres. In order to take into account the presence of 
Highway 99W, which abuts the subject property, and to provide consistency on the PCCP and 
-i O'l 3 9 3 
Zoning Maps, the proposed PCCP Map amendment, zone change, and reasons exception would 
extend to the center of Highway 99 W. 
(Zone Change) 
A. A zone change is a reclassification of any area from one zone or district to another, 
after the proposed change has been reviewed and a recommendation made by the 
Hearings Officer or the Planning Commission. Such change shall be an ordinance 
enacted by the Board of Commissioners after proceedings have been accomplished 
in accordance with the provisions of this chapter. [PCZO 111.140] 
Authorizations for a PCCP amendment and a zone change are-provided under PCZO 115.050 
and 111 .275. Under these provisions, the Hearings Officer conducts a public hearing pursuant to 
PCZO 115.030 and 111.190 and makes a recommendation to the Polk County Board of 
Commissioners. The Board conducts a public hearing pursuant to PCZO 115.030 and 111 .200 and 
makes a final local decision. The application is following the proper review process and meets this 
criterion. 
B. Pursuant to Section 111.160, a zone change maybe approved, provided that the 
request satisfies all applicable requirements of this ordinance, and provided that 
with written findings, the applicant(s) clearly demonstrate compliance with the 
following criteria: 
1. The proposed zone is appropriate for the comprehensive plan land use 
designation on the property and is consistent with the purpose and policies for 
the applicable comprehensive plan land use classification; [PCZO 111.275 (A)] 
a. The Unincorporated Community Industrial Plan designation applies to 
areas within designated unincorporated communities suitable for industrial 
business activities. These sites are often associated with processing or 
storage of farm or forest products produced in the surrounding area and are 
connected to the historic development of these communities. In addition to 
industrial uses which make use of rural resources, industrial uses within 
unincorporated communities also include other uses which are small-scale 
and low impact. 
It is the intent of the Unincorporated Community Industrial Plan 
designation to protect existing employment and provide limited employment 
opportunities for some of the residents living in and nearby unincorporated 
communities. 
The Unincorporated Community Industrial Plan designation will be 
implemented through the Unincorporated Community Industrial-
Commercial (UC-IC), Unincorporated Community Industrial Park (UC-IP), 
Unincorporated Community Light Industrial (UC-IL), and Unincorporated 
Community Heavy Industrial (UC-IH). Within the unincorporated 
community of Eola, the Unincorporated Community Industrial Plan 
designation is accomplished through the Eola Unincorporated Community 
Industrial (Eola UC-I) zone and Eola Unincorporated Community 
Industrial Commercial (Eola UC-IC) zone. Within the unincorporated 
community of Rickreall, the Unincorporated Community Industrial Plan 
designation is accomplished through the Rickreall Unincorporated 
Community Industrial (Rickreall UC-I) zone and Rickreall Unincorporated 
Community Industrial Commercial (Rickreall UC-IC) zone. 
Within the unincorporated communities of Grand Ronde, Valley Junction, 
and Fort Hill, the Unincorporated Community Industrial Plan designation is 
accomplished through the Unincorporated Community Industrial 
Commercial (UC-IC), Unincorporated Community Light Industrial (UC-IL) 
and the Unincorporated Community Heavy Industrial (UC-IH) zones. 
[PCCP, Section 4] 
Applicant maintains that the subject property is located inside the boundaries of the Suver 
Junction Unincorporated Community. However, it mistakenly is zoned for farm use (EFU). Here 
the EFU zone is not appropriate to carry out the purposes and intent of the unincorporated 
community designation. Once an unincorporated community is designated, the zones allowed in 
that area must be those associated with such communities and which allow industrial and other non 
resource uses which are not allowed in the EFU zone - that serve the surrounding community. 
The zone proposed here is the Unincorporated Community - Light Industrial (UC-IL) zone, 
which is a zone that is compatible with the Suver Junction Unincorporated Community plan, and 
the UC-I designation proposed above. This is also the original zoning that was intended for the 
subject property in Ordinance 00-04. This criteria is complied with. 
Staff stated that, as described in Section 4 of the PCCP, the Unincorporated Community 
Industrial PCCP Designation is implemented by several industrial zones. These include the 
Unincorporated Community Light Industrial zone (UC-IL), which is proposed by the applicant. The 
UC-IL zone is therefore an appropriate zone to implement the Unincorporated Community 
Industrial PCCP designation. 
As stated above, "It is the intent of the Unincorporated Community Industrial Plan 
designation to protect existing employment and provide limited employment opportunities for some 
of the residents living in and nearby unincorporated communities." Application of the UC-IL zone 
would allow continued operation of the existing agricultural welding and repair service. 
Continuation of this business would provide service to the local agricultural community and 
employment opportunities in the Suver Junction Unincorporated Community. 
Staff concluded that the application complies with this criterion, and the Hearings Officer 
concurs. 
2. The proposal conforms with the purpose statement of the proposed zone; 
[PCZO 111.275 (B)] 
The purpose of the Unincorporated Community Light Industrial (UC-IL) 
Zoning District is to implement the Comprehensive Plan policies related to 
industrial development by providing for industrial uses with limited off-site 
impacts such as noise, dust, or odor. This zone is applied to designated 
industrial lands within unincorporated communities. [PCZO 167.010] 
Applicant stated that the subject property is a small-scale low impact pre-existing commercial 
enterprise that has served the surrounding agricultural uses in the Suver community since 1988. 
Polk County has previously recognized the compatible nature of this agricultural welding and 
fabrication business to the local agriculture community in Ordinance 00-04. This use has limited 
off-site impacts and produces little noise, and no dust or odor. This criteria is complied with. 
Staff concluded that a zone change on the subject property to UC-IL would allow the existing 
agricultural welding and repair service to continue to be outright permitted. PCZO 167.040(C) 
permits any use allowed in PCZO 166.040(C). PCZO 166.040(C)(9) permits tractor and heavy 
equipment sales and service (SIC 352) subject to the small scale low impact standards. Within the 
uses permitted under SIC 352 is SIC 3523. SIC 3523 references farm machinery and equipment 
manufacturing, which would encompass an agricultural welding shop. The small scale low impact 
standards have a building size limitation of 40,000 square feet. Based on a review of the 2008 Polk 
County Aerial Photograph, and using the measurement tools in the Polk County GIS, the buildings 
associated with the existing agricultural welding shop contain approximately 11,000 square feet. If 
these applications are approved, the existing agricultural welding shop would be outright permitted 
1 O"? 
L t -
and would comply with the small scale low impact standards of the UC-IL zone. 
The existing agricultural welding and repair service was permitted through the conditional use 
process in 1988. It has operated since that time and Polk County has not received complaints on the 
property with regard to noise, dust or odor. Further, as with all industrial uses permitted in the UC-
IL zone, the agricultural welding and repair service would need to comply with the industrial 
performance standards listed in PCZO 112.410(C)(7). The industrial performance standards 
regulate heat, glare, light, noise, and vibration emissions. These standards were developed to limit 
off-site impacts of common industrial emissions. 
Based on the above findings and statements by the applicant, the Hearings Officer finds that 
the application complies with this criterion. 
3. The uses allowed in the proposed designation will not significantly adversely 
affect allowed uses on adjacent lands; [PCZO 111.275(C)] 
Applicant says the proposed zone is controlled by PCZO 167.040 as to permitted uses, and 
PCZO 167.050 as to conditional uses. The welding shop use that is pre existing here is an outright 
permitted use under PCZO 167.040(C)(3). Agriweld has been in business at this location, and 
approved as a conditional use by Polk County since 1988. During the last 21 years there have been 
no issues of compatibility or adverse impact generated to neighboring properties by this use, and 
none are expected. Essentially, almost all the welding and fabrication are done either in the 
buildings on the subject property or on site at a customer's location. There is some outdoor storage 
and display areas, and some limited traffic coming and going during normal business hours. 
Otherwise, there is no impact to the adjacent lands. It should also be noted that the north and east 
boundaries of the subject property are part of TL 100, which is owned by the applicants. The 
western boundary is the right of way for Highway 99W, across from which is commercial and 
industrial uses. The property to the south has one dwelling associated with its commercial shop . 
area. The subject property has not, and is not expected in the future, to adversely affect the allowed 
uses on adjacent lands, let alone significantly do so. 
Staff states that the applicant is proposing to zone the subject property UC-IL. The UC-IL 
zone permits a host of industrial uses which require proximity to rural resources and industrial uses 
which are small scale low impact. The small scale low impact standards place a building size 
limitation of 40,000 square feet on those industrial uses. The uses permitted in the UC-IL zone may 
produce limited off site impacts with regards to noise, dust, and odor. Those uses would; however, 
be subject to the industrial performance standards listed in PCZO 112.410(C)(7). The industrial. 
performance standards regulate heat, glare, light, noise, and vibration emissions. Those standards 
were developed to limit off-site impacts of common industrial emissions. 
Generally, industrial uses may suitably be located in proximity to other industrial uses. Based 
on a review of the Zoning Map, the contiguous property to the north and east is zoned EFU. The 
EFU zone permits an array of farm uses. Farm uses are industrial in nature, and it would be 
appropriate to locate a UC-IL zoned property contiguous to the EFU zone. The property to the south 
of the subject property is zoned Unincorporated Community Commercial General (UC-CG). The 
UC-CG zone permits a variety of service and product oriented commercial activities. The UC-CG 
zone also allows one dwelling per parcel. The intent of the UC-CG zone is to provide commercial, 
rather than residential use of that land, and commercial zoned properties have historically been 
located and compatible with contiguous industrially zoned properties. The contiguous property to 
the west, across Highway 99W is zoned UC-CG and UC-IL. Based on the above information, the 
uses permitted in the surrounding EFU and UC-CG zones are generally compatible with the 
proposed UC-IL zone. 
The applicant indicates that the property owner intends to continue the existing agricultural 
welding and repair service on the subject property. That business was permitted through the 
conditional use process in 1988. The existing agricultural welding and repair service has operated at 
its current location for over 20 years, and Polk County has not received complaints on the property 
with regard to noise, dust or odor. This factor, combined with the general harmony between the UC-
1 f M 
I ( ' — -
IL zone and neighboring zones, provides evidence to indicate that the proposed allowed uses of the 
subject property would not significantly adversely impact allowed uses on adjacent lands. 
As a result, the Hearings Officer finds that the application meets this criterion. 
4. Adequate public facilities, services, and transportation networks are in place, or 
are planned to be provided concurrently with the development of the property; 
[PCZO 111.275(D)] 
Applicant stated that the subject property has its own water supply and septic system. No 
expansion or new facilities are proposed in this application, therefore there is no need for any public 
facilities to be created for sewer and water. This is an industrial operation and does not involve a 
dwelling, therefore there is no impact on schools. The property has its primary access directly onto 
Highway 99W at a safe location with adequate site distance in both directions. There is a secondary 
access onto Suver Road that is shared with the farm operation and which is gated. There is limited 
traffic involved with this operation. There are trips for the employees, suppliers and customers. It 
is estimated that the total average daily traffic count for this use is under 25. 
Staff notes that the applicant is proposing to change the zoning of the subject property to UC-
IL which would allow the property to be used for a variety of industrial uses. The applicant 
indicates that the property owner would continue to use the property for an agricultural welding and 
repair business. The subject property is located within the area served by the Luckiamute Domestic 
Water Cooperative. If applicant plans to obtain water from a community water system, a "Statement 
of Water Availability" would need to be submitted prior to future building permit issuance. The 
applicant must also comply with all applicable state and federal water laws. The proposed zone 
provides limited residential opportunities, so there have been no identified effects on local schools 
of the proposed change. Polk County Fire District #1 and the Polk County Sheriff Department 
provide emergency services at the subject property. Highway 99W adjoins the subject property 
along the western property boundary. The applicant indicates that the property has access to 
Highway 99W and a secondary access onto Suver Road, which is located approximately 230 feet 
south of the subject property. 
Staff concluded that there are adequate public facilities, services, and transportation 
networks available at this time for water provision, sewage disposal and transportation facilities. 
Approval of this proposed PCCP amendment and zone change would not authorize the applicant to 
establish a use that would exceed transportation, water and/or sewage disposal services until such 
services are planned or available. The Hearings Officer finds that the application complies with this 
criterion. 
5. The proposed change is appropriate taking into consideration the following: 
a. Surrounding land uses, 
b. The density and pattern of development in the area, 
c. Any changes which may have occurred in the vicinity to support the 
proposed amendment. [PCZO 111.275(E)(l-3)] 
Applicant states that the UC-IL zone is appropriate because it fits the unincorporated 
community boundary designation, as well as being the same zone that was originally assigned to the 
subject property in Ordinance 00-04. Surrounding land uses to the north and east are in farm use on 
property owned by the applicant here, and as noted above, there have been no conflicts with the 
Agriweld operation from the farm operation, or vice versa. The other business developments to the 
west and south axe similar in type and scale to Agriweld, and the one dwelling has never 
experienced any conflicts with this use. 
Staff concluded that, based on a review of the Zoning Map, the 2008 aerial photograph, and 
Polk County Assessor records, the contiguous property to the north and east is zoned EFU and 
appears to be used for cultivating grass seed. The property to the south of the subject property is 
zoned Unincorporated Community Commercial General (UC-CG) and contains a dwelling. The 
i m 3 9 7 
contiguous property to the west, across Highway 99W is zoned UC-CG and UC-IL. That property 
contains one commercial building and a billboard. 
The proposed PCCP amendment and zone change would add an additional UC-IL property to 
the Suver Junction Unincorporated Community. As discussed above, adjacent properties are used 
for a mix of commercial, farm, and industrial uses. In general it is appropriate to located industrial 
uses in proximity to farm uses and commercial uses. Farm and commercial uses tend to be less 
sensitive to industrial uses than high density residential areas. The applicant indicates that the 
existing agricultural welding and repair business has not conflicted with the neighboring residential 
use during the welding businesses' 20 plus years of operation. 
The proposed UC-IL zone does not have a predetermined minimum parcel size. This is 
consistent with the neighboring properties in the UC-CG and UC-IL zones. Those zones do not 
have predetermined minimum parcel sizes for commercial and industrial uses. 
In consideration of the above factors, Staff concluded that the applicant's proposed zone 
change is appropriate when taking into account the existing land uses on surrounding properties, the 
density and pattern of development in the area, and recent land use changes, and the Hearings 
Officer concurs. 
6. The proposal complies with any applicable intergovernmental agreement 
pertaining to urban growth boundaries and urbanizable land; and [PCZO 
111.275(F)] 
PCZO 111.275(F) requires the proposal comply with any applicable intergovernmental 
agreement pertaining to urban growth boundaries and urbanizable land. This criteria is not 
applicable to this application because there is no intergovernmental agreement or urban growth 
boundary or urbanizable land involved here. 
7. The proposal complies with Oregon Revised Statutes, all applicable statewide 
planning goals and associated administrative rules. If an exception to one or 
more of the goals is necessary, the exception criteria in Oregon Administrative 
Rules, Chapter 660, Division 4 shall apply. [PCZO 111.275(G)] 
Applicant contends that Oregon's land use planning scheme allows for the establishment of 
unincorporated communities. OAR 660-022-000 et seq. Ordinances 00-04 and 00-05 adopted this 
concept for Polk County, including Suver Junction. These ordinances set forth complete 
compliance with ORS, OAR and the statewide goals and guidelines. These ordinances were 
acknowledged through the post acknowledgment plan amendment process. Because little has 
changed in Suver Junction since 2000, it is safe to rely on the compliance with state law contained 
in those two ordinances. For further support see Exhibits K and L of the application. Additional 
justification for the exception was detailed in the original Applicant's Statement, see Exhibit A. 
All of the criteria for approval of the change in zone from EFU to UC-IL have been satisfied 
and the zone change should be granted. 
D. Unincorporated Community Goals and Policies - This application complies with all the 
applicable Goals.and Policies for Unincorporated Communities in the PCCP: 
Goal 1 requires citizen participation in the planning of unincorporated communities. This 
application will be subject to public hearings in which the community will be notified and allowed 
to participate. 
Goal 2 relates to the establishment of the boundaries for unincorporated communities and is not 
applicable here because the subject property is already included in the Suver Junction boundary. 
Goal 3 relates to the contribution to local economy of unincorporated communities. As noted above 
and in the findings from Ordinance 00-04, this property provides a unique small scale industrial use 
in the area not otherwise provided for, and therefore enhances the .local economy and provides for 
local jobs. 
1 r n 
Goal 4 encourages small scale development that can be done within the confines of the existing 
infrastructure. The subject property is served by well and septic system so there is no pressure to 
create a community water or sewer system. The property has good and safe access that does not 
create a need for any transportation improvements. 
Goal 5 relates to maintaining a viable economy for the area while not changing the present sense of 
the community. The subject property is only two acres in size and is presently developed with a 
business that has been successfully operating as an integral part of the Suver Junction community 
since 1988. 
Each of the Unincorporated Community Goals stated in the PCCP are complied with in this 
application to correct the plan and zone maps to make the subject property what it was originally 
intended to be. 
Unincorporated Community Policies 1.1-1.5 relate to the original establishment of 
unincorporated communities and do not apply here. Policy 1.6 encourages only uses to be allowed 
that do not adversely affect agricultural or forestry uses. Ordinance 00-04 included findings that the 
long term historic use on the subject property has not adversely affected surrounding fanning. 
There is no forestry activity in the area. The 10 years since Ordinance 00-04 was adopted have 
further confirmed that industrial uses of the type engaged in by the applicants are compatible with 
farming. 
Policy 1.7 deals with cumulative development and ensures that the total impacts from the uses in the 
community will not over-tax the environment or the infrastructure. There has been little if any new 
development in Suver Junction over the last 20 years and almost none in the last 10 years since the 
adoption of Ordinance 00-04. While there remains some vacant land, and some underdeveloped 
land in Suver Junction, Polk County has in place adequate review procedures to ensure that new 
development will not exceed the capacity of the infrastructure or adverse impact the environment. 
Policy 1.8 requires public facility plans and is not applicable here. Policy 1.9 relates to citizen 
involvement in planning, which was addressed above. Policy 1.10 relates to allowed uses within 
the parameters of the OAR, and therefore involves only the text of the UC-IL zone and not 
individual zoning decisions. 
Staff concluded that an exception to Oregon Statewide Planning Goal 3 is necessary in order 
to approve the proposed zoning of the subject property. The uses currently permitted on the subject 
property were justified by a "Reasons" exception approved by Ordinance 00-04. The limited use 
overlay described in Ordinance 00-04 would restrict the use of the subject property to an 
agricultural welding and repair service. The applicant is proposing a zone change that would allow 
all of the uses permitted in the UC-IL zone. As a result, a new Goal 3 exception is required and this 
is addressed in Section III, Number 2 of this staff report above. As described above, the applicant 
'has demonstrated compliance with the criteria for a "physically developed" Goal 3 exception. 
The Hearings Officer finds that the application complies with this criterion. 
CONCLUSIONS 
Based on the Review and Decision Criteria identified above, the Hearings Officer finds and 
concludes that the applications submitted for a PCCP Plan Map amendment, zone change, and 
Statewide Planning Goal 3 Exception; 
1. Are following the proper review process through a public hearing before the Polk County 
Hearings Officer for a recommendation to the Polk County Board of Commissioners, 
2. Have findings to support the proposed changes to the PCCP Map and Zoning Map, 
3. Have findings that address the applicable sections of the Oregon Administrative Rules, the 
PCCP, and PCZO to justify a "physically developed" exception to Statewide Planning Goal 3, 
4. Propose application of zone that is consistent with the proposed PCCP designation and that is 
appropriate for continued operation of the existing agricultural welding operation. 
5. Include property that is served by adequate public facilities for transportation, emergency 
services and onsite sewage disposal. 
RECOMMENDATIONS 
Based on the evidence and information submitted into the record at the time of completion 
of the staff report, and prior to and during the public hearing, the Hearings Officer concurs with 
staff in recommending to the Board of Commissioners that the Board APPROVE the applications 
and: 
1. Change the PCCP Map designation of the subject property from Agriculture and 
Unincorporated Community Commercial to Unincorporated Community Industrial. 
2. Adopt a "physically developed" exception to Statewide Planning Goal 3 (PCCP text 
amendment). 
3. Change the Zoning of the subject property from Exclusive Farm Use/Limited Use Overlay 
and Unincorporated Community Commercial General/Limited Use Overlay to 
Unincorporated Community Light Industrial. 
Dallas, Oregon, July % , 2010. 
Robert W. Oliver 
Polk County Hearings Officer 
1 m 400 
1 A 
Polk County Community Development j-
Polk County Courthouse 
850 Main Street 
Dalias, Oregon 97338 
POLK COUNTY 
TO: 
DLCD 
Plan Amendment Specialist 
635 Capitol STNE, Suite 150 
Salem, OR 97301 
DEPT OF 
AUG 1 2 2010 
i f tND CONSERVATION 
W40 d e v e l o p m e n t