Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
NOTICE OF ADOPTED AMENDMENT 
09/19/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Newport Plan Amendment 
DLCD File Number 002-11 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, October 04, 2011 
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: Derrick Tokos, City of Newport 
Angela Lazarean, DLCD Urban Planning Specialist 
Matt Spangler, DLCD Regional Representative 
Angela Lazarean, DLCD Urban Planner 
ÎBUA 
<paa> YA 
n In person | | electronic CU mailed 
DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is sinned by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
A 
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A 
DEPT OF 
SEP 14 2011 
L » N D CONSERVATION 
AND DEVELOPW ' IT 
For Office Use Onlv 
Jurisdiction: City of Newport Local file number: 2-Z-11 
Date of Adoption: 9/6/2011 Date Mailed: 9/13/2011 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ^ Yes • No Date: 6/30/2011 
• Comprehensive Fian Text Amendment Q Comprehensive Plan Map Amendment 
D Land Use Regulation Amendment ^ Zoning Map Amendment 
LJ New Land Use Regulation Q Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Request by Pacific Communities Health District to rezone roughly .41 acres (Lots 11 & 12, Block 16, Bayley 
& Case's Addition and adjoining Case Street right-of-way) from R 3/"Medium Density Multi-Family 
Residential" to R-4/"High Density Multi-Family Residential." The purpose of the change is to allow the 
District to convert a large single family residence, formerly a 9 plex apartment complex, into a medical 
office/storage facility. Hospital use is permitted in the R-4 zone (NZO 2-2-1.025) 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from to: 
Zone Map Changed from R-3 to: R-4 
Location 749 SW 11th St, plus adjacent SW Case St ROW Acres involved: .41 
Specify Density: Previous: 34.85 units/ac New: 34.85 units/ac 
Applicable statewide planning goals: 
1 2 3 4 5 ^ S ^ 10 11 12 1 14 15 16 11 18 l i 
Was an Exception Adopted? • YES | K I NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? [X] Yes Q No 
If no, do the statewide planning goals apply? G Yes Q No 
If no, did Emergency Circumstances require immediate adoption? • Yes Q No 
DLCD File No. 002-11 (18882) [16757] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
None. 
Local Contact: Derrick L Tokos, AICP 
Address: 169 SW Coast Hwy 
City: Newport Zip: 97365-
Phone: (541) 574-0626 Extension: 
Fax Number: 541-574-644 
E-mail Address: d.tokos@newportoregon.gov 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received bv DLCD no later than 5 working days after the ordinance has been signed by 
the public official designated by the jurisdiction to sign the approved ordinance(s) 
per ORS J 97,6 J 5 and OAR Chapter 660, Division 18 
1 This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green 
paper if available. 
3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD 
of the adoption (ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 
7. Submit one complete paper copy via LTnited States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp. 
8. Please mail the adopted amendment packet to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
9. Need More Copies? Please print forms on SVi -1/2x11 green paper only if available. If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@state.or.us. 
http://www.oregon.gov/LCD/forms.shtml Updated April 22,2011 
CITY OF NEWPORT 
ORDINANCE NO. 2021 
AN ORDINANCE AMENDING ORDINANCE NO. 1308 (AS AMENDED) OF 
THE CITY OF NEWPORT. OREGON, TO AMEND THE ZONING MAP OF 
THE CITY OF NEWPORT 
Summary of Findings: 
1. A request by Pacific Communities Health District on behalf of the owner Donald K. 
Shaw, (J. Christopher Minor, attorney, authorized representative) was filed on June 28, 
2011 for an amendment to the Zoning Map of the City of Newport Zoning Ordinance 
(Ordinance No. 1308, as amended). 
2. The subject property is approximately .41 acres in size, consisting of Lots 11 and 12, 
Block 16, Bayley and Case's Addition to Newport, together with a portion of vacated SW 
Case Street attaching thereto by Ordinance No. 2003, recorded May 10, 2010 (Lincoln 
County Assessor's Map 11-11-08-CA, Tax Lot 9100), and the unvacated portion of SW 
Case Street right-of-way lying adjacent to and southerly of said lots. 
3. Existing improvements include a large single family residence that was once a nine (9) 
unit apartment complex. The address for the dwelling is 749 SW 11th Street. 
4. Pacific Communities Health District, which owns the nearby Samai an Pacific 
Hospital Facility, has indicated that they desire to purchase the privately owned property 
from Mr. Shaw so that it can be used for hospital med' :al offices and record storage. 
5. The Comprehensive Plan Map designation for the property is High Density 
Residential, and the Zoning Map designation is R-3 (Medium Density Multi-Family 
Residential). The R-3 zoning dist ct does not allow hospital or professional office uses. 
6. With this amendment, the Zoning Map designation for the property will be changed to R-4 
(High Density Multi-Family Resident' il), which is consistent with the current Comprehensive 
Plan de: gnation. The R-4 zoning district lists hospital uses as a permitted use and professional 
offices as a conditional use. 
7. The Newport Planning Commission reviewed the proposed revisions to the Zoning Ordinance 
(Newport File No. 2-Z-ll) at a public hearing on August 22, 2011, and voted unanimously to 
recommend adoption of the amendment, as furthering a public necessity and promoting the 
general welfare for the following reasons: 
a. R-4 zoning exists to the south and west of the subject property, and at .41 acres this 
constitutes a minor adjustment to the boundary between the R-3 and R-4 districts. 
The zone change will not result in spot zoning. 
b. The Samaritan Pacific Hospital Facility resides immediately to the west, so this 
proposal provides for the logical extension of that facility, which provides essential 
medical services to the community. 
Page 1 ORDINANCE No. 2021, Amending Ordinance No. 1308 (as amended) to amend the Zoning Map. 
c. Consistent with OAR 660-012-0060(1) thif zone change will not significantly affect 
existing or planned transportation fac es because the change to R-4 zoning will not 
have the effect of allowing more veh :le trips than the existing R-3 zoning. This is 
due to the small size of the zone change (.41 acres), and the fact that the R-3 and R-4 
zoning distiiCts allow the same res lential densities. R-4 zoning provides for a 
broader range of non-residential uses; however, such fie: bility will have a negligible 
impact to the transportation system because the more limited list of non-residential 
uses allowed in the R-3 zone provides for a comparable intensity of development. 
8. The City Council held a public hearing on September 6, 2011 regarding the question 
of the proposed revisions, and voted to accept the Planning Commission's 
recommenda ?n after considering evidence and argument in the record. 
9. Information in the record, including affidav;*s of mailing and publication, demonstrate 
that approp ^ate public notification was provided for both the Planning Commission and 
City Council public hearings. 
THE CITY OF NEWPORT ORDAINS AS FOLLOWS: 
Section i . The above findings are hereby adopted as support for the Council's following 
amendments. 
Section 2. The City Council further adopts the analysis and recommendation contained 
in the Planning Staff Report as supplemental findings in support of approval of the 
requested Zor lg Map amendment, attached hereto as Exhibit "A" and incorporated 
herein by this reference. 
Section 3. Ore nance No. 1308 (as amended) is hereby amended to rezone Lots 11 and 12, 
Biock 16, Bayley and Case's Addition to Newport, together with a portion of vacated SW Case 
Street attaching thereto by Ordinance No. 2003, recorded May 10, 2010 (Lincoln County 
Assessor's Map 11-11-08-CA, Tax Lot 9100), and the unvacated portion of SW Case Street 
right-of-way lying adjacent to and southerly of sait lots, from "R-3/Medium Density Multi-
Family Residential" to "R-4/High Density Residential," as illustrated on Exhibit "B", attached 
hereto and incorporated herein by tl <s reference. 
Section 4. This ordinance shall take effect 30 days after adoption. 
Date adopted: September 6,2011 
Signed by the Mayor on September 8,2011. 
Mark McConnell, Mayor 
ATTEST: 
Page 2 ORDINANCE No. 2021, Amending Ordinance No. 1308 (as amended) to amend the Zoning Map. 
Exhibit A 
Ordinance N o QotJ 
Zoning Map A m e n d m e n t 
(File #2 Z - i i ) 
v-.se File: 2-Z-ll 
ualt filed: June >8.201! 
He ng Dile: Auginl 22, 201 I/Planning Commission 
PLANNING STAFF REPORT 
File No. 2-Z-li 
A. APPLICANT & OWNER: Pacific Communities Health District (Donald K. Shaw, 
property owner) (J. Christopher Minor, authorized representative). 
B. REQUEST: The request involves a zoning map amendment. The subject property has a 
zoning designation of R-3/"Medium Density Multi-Family Residential". The applicant is 
requesting that the zoning designation be changed to R-4/"High Density Residential". The 
applicant wishes to purchase the property and convert it to hospital office space and storage 
for records, which is a use allowed outright under an R-4 zoning designation, but not under 
the current R-3 zoning. 
C. LOCATION: The subject property is located on Tax Lot 9100 of Lincoln County 
Assessor's Map 11-11-08-CD (749 SW 11th St). See map in Planning Staff Report 
Attachment "B". 
D. LOT SIZE: The size of the subject property is approximately .41 acres per Assessment 
Maps. 
E. PLANNING COMMISSION ACTION: The Planning Commission reviews this request 
and makes a recommendation to the City Council. 
F. STAFF REPORT: 
1. Report of Fact 
a. Existing Plan Designation: "High Density Residential". 
b. Existing Zone Designation: *-3/"Medium Density Multi-Family 
Residential". 
c. Surrounding Land Uses: The property abuts R-4 zoned property to the west 
and south, and is surrounded by a mix of single-family residences, multi-
family dwellings, and medical offices. Across SW 11th Street is the 
Samaritan Pacitic Hospital property that is zoned P-l. 
d. Topography and Vegetation: The site is flat with normal landscaping. 
e. Existing Structures: Large single-family residence converted from a 9-plex. 
f. Utilities: All city services are available to the site. 
g. Development Constraints: None known. 
h. Past L"nd Use Actions: None known. 
Attachments: 
Attachment "A" Applicant Request 
Attachment "A-l" P ".liminary Title Report 
Attachment "A-2" Assessor's Property Information 
Attachment "A-3" Zoning Map of Property 
Attachment "A-4" Aerial Photo of Property 
Attachment "B" Notice of Public Hearing and Map 
Attachment "C" Draft Ordinance 
Attachment "D" Usti Allowed in the R-3 and R-4 Zones 
Attachment TM" NZO Section 2-3-5 Table "A" 
Attachment "E" Topography Map of Area 
j. Notification. The Department of Land Conservation & Development was 
mailed notification of the proposed amendments on June 30, 2011. 
Applicable city departments, public agencies, and affected property owners 
within 300 feet of the subject property were notified on July 28,2011, for the 
Planning Commission hearing. Notification of the Planning Commission 
hearing was published in the Newport News-Times on August 12,2011. 
2. Explanation of the Reques : 
The large house located on the subject property was converted from a 9-unit 
apartment building and has been used as a single-family residence. The applicant. 
Pacific Communities Health District, owns property across SW 11th Street from the 
subject property. The applicant is wishing to purchase the subject property and 
t emodel it into hospital office space and for storage of r cords. The applicant states 
that no patient health care services will be provided at this location. Office space for 
the hospital would be allowed outright under an R-4 zoning designation, but is not 
allowed under the current R-3 zone. Therefore, the applicant is asking to change the 
zoning designation from R-3 to R-4. The property abuts R-4 zoned property to the 
south and west. The zone change would also include the portion of SW Case Street 
that has not been vacated and lies southerly of and adjacent to the vacated portion of 
SW Case Street. That would make it contiguous to R-4 zoning across SW Case 
Street. 
3. Evaluation of the Request: 
a. Comments: DLCD was provided notification on June 30, 2011. All 
applicable property owners, city departments, affected public/private 
utilities/agencies were nc fied on July 28, 2011, of the Planning Commission 
hearing. As of August 15, 2011, no written comments were received by the 
Community Development Department. 
Planning Staff Report / File No. 2-Z-11 / Pacific Communities Health District. 
2 
b. Applicable Criteria: 
Criteria for the Proposed Zoning Map Amendments (Section 2-5-5.005) of 
the Newport Zoning Or inance (No. 1308, as amended): 
1. Thr change furthers a public necessity. 
2. The change promotes the general welfare. 
c. Staff Analysis: 
The proposed findings submitted by the applicant address the criteria 
established in the Comprehensive Plan and Zoning Ordinance for approving 
the request. See Planning Staff Report Attachment "A". Additionally, a list 
of the uses in the applicable zones and a copy of Table "A" of NZO Section 
2-3-5 (summarizing height restrictions, lot coverage restrictions, and other 
items in the different zones) are attached. See Planning Staff Report 
Attachments "D" and "D-l". 
In regard to the applicable criteri for the proposed Zoning M. a 
amendment: 
The change furthers a public necessity and promotes the general welfare. 
The requested zoning map change would allow the applicant to purchase 
property across the stri et from the existing hospital facility and convert the 
structure to offi< e space and records storage for the hospital. In addition, this 
zone change request will not create spot zoning. The subject property abuts 
R-4 zoning along S W 11111 Street to the west and across S W Case Street to the 
south. The applicant proposes changing the zoning for Tax Lot 9100 of Tax 
Map 11-11-08-CA and the portion of SW Case Street that has not been 
vacated and lies to the south and adjacent to the vacated portion of S W Case 
Street that has attached to Tax Lot 9100. At .41 acres, it is reasonable for the 
Planning Commission to view this request as a minor adjustment to the 
boundary of the R-3 and R-4 zoning districts. 
The applicant notes that the existing structure will be extensively remodeled 
to accommodate the anticipated use. In addition, the applicant states that 
adequate parking space is available and will be provided on the existing 
hospital grounds. 
Samaritan Pacific Hospital lies immediately to the west. It would be 
reasonable for the Commiss: n to find that the proposal is a logical extension 
of that facility, which provides essential medical services to the community. 
For these reasons, the Planning Commission can find the proposed zoning 
change to be a public necessity that promotes the general welfare. 
Planning Staff Report / File No. 2-Z-11 / Pacific Communities Health District. 
3 
4. Conclusion: 
The applicant requects the zone change in order to purchase the nt.ghboring property 
and be abl to use it for hospital office space and records storage. The applicant 
believes that the zone ;hange is in conformance > th the applicable requirements of 
the City of Newport; and for this reason, the applicant r quests approval of the 
application. 
The Planning Commission should review the proposed changes to thr Zoning Map 
and the application materials as well as other documentation and testimony that may 
be submitted during the course of the heai ig. The Planning Commission should 
recommend approval of the rr [u ;t as being in compliance with the applicable 
criteria if the Commission finds that the criteria have been met The Commission 
should identify how the request does not comply with the criteria, or should identify 
conditions necessary in order to make the request comply with the criteria, if the 
Commission finds that the criteria have not been met. 
G. STAFF RECOMMENDATION: 
^Derrick I. Tokos, AICP 
Community Development Dil -ctor 
City of I jwport 
August 16,2011 
Planning Staff Report I File No. 2-Z-l 1 / Pacific Communities Health District. 
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LAND CONSERVATION 
AND DEVELOPMENT