Planning Commission – November 19 2020


In light of the ongoing developments as a result of the COVID-19 pandemic, the Malheur County Planning Commission will hold a telephonic hearing on November 19, 2020 at 07:30 pm.

Applicant A: Malheur County Development Corporation (MCDC): Joint hearing of Nyssa City and Malheur County Planning and Zoning Commissions to review preliminary plat to divide 297 acres partially zoned Nyssa Industrial UGA and partially zoned Malheur County EFU into 6 lots; Lot 2: 65 acres for the Treasure Valley Reload Center (TVRC); Lots 1, 3, 4, and 5: 150 acres for Malheur County Industrial Park; and Lot 6: 81 acres to remain zoned as Exclusive Farm Use;

 The criteria for the preliminary partition plat are: Urban Growth Area Joint Management Agreement between Malheur County and the City of Nyssa; ; Revised Nyssa Public Facilities Plan; Transportation Impact Study; Nyssa City Code Title 9 Chapter 3 Article C: Access and Circulation, Article F: Public Facilities; Nyssa City Code Title 9 Chapter 4 Article A: Type III Procedure (Quasi-Judicial Review; Public Hearing), Article C: Land Divisions and Property Line Adjustments, 9-4C-2: General Requirements, 9-4C-5: Preliminary Plat Approval Criteria, 9-4C-7: Final Plat Submission Requirements and Approval Criteria, and 9-4C-8: Filing and Recording; Malheur County Code Title 6 Chapter 12: Quasi-Judicial Land Use Hearings.

 SITE: Map 19S47E17, Tax Lot 100, County Reference No. 9641; Approximately 1.5 miles north of Nyssa, along Arcadia Boulevard. The property is also accessed from Gable Rd and Gem Ave.

Applicant B: Sherwin Koehn – a continuance from the October 22, 2020 hearing.

Applicant C: Abby Michaelis – the Consideration of a Conditional Use Permit for a Non-Farm Dwelling and a Non-Farm Partition in Exclusive Farm Use zone pursuant to MCC Title 6, Conditional Uses 6-6-7, 6-6-8-1, 6-6-8-2 and OAR 660, Division 33, Agricultural Lands. Tax Lot 500, Section 23, T.22S, R.46E, W.M. Planning Department File #2020-08-023; Malheur Co. Ref. #16036. The property is located about ½ mile south-west of the intersection of Woodbridge Rd and Succor Creek Hwy (Hwy 201 S), about 7.5 miles south of Adrian on US Hwy 201-S.

Directions to join the public meeting:
Login by computer/tablet/smartphone:
Call in: (312) 757-3129
Access Code: 644-177-621

Please note, the call-in number is not toll free, this shouldn’t be a problem if you are calling from a cell phone. A toll-free number is available upon request, by calling the Planning & Zoning office at (541) 473-5185.

Interested persons may appear and will be provided an opportunity to be heard. For the health and safety of the Planning Commission members and members of the public, Malheur County encourages people to join electronically. Written comments may be received prior to the hearing by sending them to Eric Evans, Planning Director, 251 B Street West #12, Vale, Oregon 97918 or

Testimony, arguments and evidence must be directed toward the criteria set out above, or other substantive criteria in Malheur County’s Comprehensive Plan or land use regulations that the person believes apply to the application.

Failure to raise an issue at the hearing, in person, or by letter, or failure to provide sufficient specificity to afford the Planning Commission an opportunity to respond to the issue precludes an appeal to the Malheur County Court or the Land Use Board of Appeals based on that issue.

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 Malheur County Planning Department Monday – Friday from 8:30 a.m. – 12:00 (noon) and 1:00 p.m. to 4:30 p.m. or on the county website at no cost. Copies can be provided for $0.25 per page. In addition, copies of the Staff Report will be available at least seven (7) days prior to the hearing at a reasonable cost or can be viewed on the County website or in the planning department office at no cost. Please contact the Planning Director (541-473-5185) for additional information.


Exhibit E: Transportation Impact Study
Exhibit F: Ordinance 663-18
Exhibit G: Nyssa 2018 Public Facility Plan
Exhibit H: Post-Construction Stormwater Management Plan
Exhibit I: Letter from Nyssa Road Assessment District #2
Exhibit J: Intergovernmental Agreement between Malheur County and City of Nyssa; Recorded Instrument #85-716, pages 9 & 10

Supplemental STAFF REPORT

Exhibit 1: Email from Robin Froerer, dated 01/13/2021 including Gem Crossing times
Exhibit 2: Email from Robin Froerer, dated 01/13/2021 including a site video
Exhibit 3: Email from Robin Froerer, dated 01/14/2021 including a memo


Exhibit 1: Letter from Payette Rural Fire
Exhibit 2: Letter from Rural Road District No.3
Exhibit 3: Water rights map for the parent parcel and the partition sites


Exhibit 1: Letter from Adrian Rural Fire Department
Exhibit 2: Letter from Ridgeview Irrigation District
Exhibit 3: Letter from ODOT

Public Hearing Transcribed Minutes