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 
10/05/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Lincoln City Plan Amendment 
DLCD File Number 009-11 
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: Thursday, October 20, 2011 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day 
notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings 
leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of 
Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Debra Martzahn, City of Lincoln City 
Angela Lazarean, DLCD Urban Planning Specialist 
Matt Spangler, DLCD Regional Representative 
îBuA 
<paa> YA 
S 2 DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
• In person • electronic • mailed 
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SEP 2011 
For bfftce Use Only 
Jurisdiction: Lincoln City Local file number: CPA/ZC 2011-02 
Date of Adoption: 09/12/11 Date Mailed: 09^29/11 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes • No Date: 05/20/11 
• Comprehensive Plan Text Amendment K Comprehensive Plan Map Amendment 
Land Use Regulation Amendment Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached" 
The ordinance changes the comprehensive plan map and zoning map designations for thirty-two (32) tax lots. The 
project is primarily intended to accurately designate properties that are publicly owned open space or parks. One 
privately-owned property is proposed for rezoning to a single-family designation; that parcel was subject of a land 
transaction to provide better connectivity to tne City's "Agnes Creek Open Space". 
Does the Adoption differ from proposal? Please select one 
Yes. In the review process, two additional properties were added, Both are publicly owned; one is owned by 
the C ty of Lincoln (,.ty, and the other by the U S. Dept. of I ish and Wildlife. Subsequent DLCD notices to add 
these two properties (on 07/12/11 and 08/01/11). 
Plan Map Changed from: n/a to n/a 
Zone Map Changed from: n/a to n/a 
Location: various locations city-wide Acres Involved: 240 
Specify Density: Previous: various New: n/a 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
I 0 D D I D D I D S S D D D D D Q D D 
Was an Exception Adopted? • YES SI 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? • Yes ' No 
If no, did Emergency Circumstances require immediate adoption? Q Yes • No 
DLCD file No. 009-11 (18841) T167821 
Please list all affected State or Federal Agencies, Local Governments or Special Districts. 
Lincoln County ; State of Oregon, Depar tment of Parks and Recreat ion; U.S. Dept. of Fish and Wildl ife 
Local Contact: Kate Daschel . Assistant Planner 
Address PO Box 50 
City: L incoln City Zip: 97367 
Phone: (541) 996-1232 Extension: 
Fax Number: 541-996-1284 
E-mail Address: kated!a>lincolncity.org 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by PL,CD no later than 5 working davs after the ordinance has been signed hv 
the public official designated bv the jurisdiction to sign the approved ordinance(s) 
per ORS 197.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local ]urisdictions only (not by applicant). 
2. When submitting the adopted amendment, please p nt a completed copy of Form 2 on light green 
p a p e r 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 tliis Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementär}' 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 iORS 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 v.a United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office ana stamped with the incoming date stamp. 
8. Please mail the adopted amendment packet to: 
ATTENTION: PLAN A M E N D M E N T SPECIALIST 
D E P A R T M E N T OF LAND C O N S E R V A T I O N A N D D E V E L O P M E N T 
635 CAPITOL STREET NE, SUITE 150 
SALEM, O R E G O N 97301-2540 
9 Need More Copies? Please pi int forms on 8/4 -1/2x11 g reen p a p e r only if avai lable. 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 p lan .amendinen ts@sta te .o r .us . 
http://www.oregon.gov/LCD/forms.shtml Updated March 17,2011 
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ORDINANCE NO. 2011-13 
AN ORDINANCE OF THE CITY OF LINCOLN CTTV AMENDING THE LINCOLN 
CITY COMPREHENSIVE PLAN M A P AND ZONING MAP, AFFECTING THIRTY-
ONE PUBLICLY-OWNED PROPERTIES A N P ONE PRIVATELY-OWNED 
PROPERTY; AND AMENDING ORDINANCE NO. 84-01 (AS AMENDED) 
THE CITY OF LINCOLN CITY FINDS THAT: 
A. The Planning Commission held a duly-noticed public hearing on amendment of the City's 
Comprehensive Plan Map and Zoning Map (adopted by Ordinance No 84-01, as amended) on August 16, 
2011 and recommended approval; and 
B The Oregon Department of Land Conservation and Development was notified of the proposed 
amendment on May 20, 2011; and 
C. The City Council heid a duly-noticed public hearing on amendment of the Comprehensive Plar 
Map and Zoning Map on August 22, 2011; and 
D. The proposed Comprehensive Plan Map and Zoning Map amendments conform to and are 
consistent with the City's Comprehensive Plan Policies and Statewide Planning Goals for the reasons set 
forth in Exhibit "A"; and 
E. The proposed Comprehensive Plan Map and Zoning Map amendments are consistent w ifh aii 
applicable provisions of the Zoning Ordinance including, but not limited to, required initiation, 
processing and noticing requirements. 
NOW THEREFORE, THE CITY OF LINCOLN CITY ORDAINS AS FOLLOWS: 
Section 1. The Comprehensive Plan Map of Lincoln City is hereby amended to change the 
Comprehensive Pian Map designation on the 32 parcels listed in attached Exhibit "B" and depicted on the 
map in attached Exhibit "C". 
Section 2. The Zoning Map of Lincoln C_ y hereby amended to change the zoning designation on the 
32 parcels listed in attached Exhibit "B" and as depicted on the map in attached Exhibit "C". 
Section 3. Th ordinance does not restrict 1 i any way existing zoning ordinance standards related to 
construction of a single-family dwelling or other residential use of private real property in Lincoln City 
In the event this ordinance is interpreted, construed, or applied in such a manner as to give rise to a claim 
for compensation tor a reduction in fair market value of property under ORS 195.310, then to the extent 
necessary or desired to avoid an obligation to pay compensation under ORS 195.310(5)(a). the city may 
elect to authorize the use of property without application of this land use regulation as provided in ORS 
195 310(5)(b). 
Sectiou 4. To the extent possible, this ordinance shall be construed and interpreted in such a way as to 
give effect to all its provisions. 
Ordinance 2011-13 Page 1 
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Section 5. If any portion of this ordinance is determined invalid by a court of competent jurisdiction, 
with all appeal rights exhausted or the time for appeal having expired, then the invalid portion shall be 
deemed severed from this ordinance and the remainder shall continue in full force and effect. 
Section 6. This ordinance shall take effect thirty (30) days from the date of its adoption. 
DOPTED by the City Council of the City of Lincoln City this of 
ATTEST: 
Attachments: 
Exhibit A: Findings Related to Goals 
Exhibit B: List of Subject Properties 
Exhibit C: Map of Subject Properties 
Ordinance 2011-13 Page 2 
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EXHIBIT A 
FINDINGS RELATING TO CONFORMITY WITH 
THE STATEWIDE PLANNING GOALS AND 
THE LINCOLN CITY COMPREHENSIVE PLAN 
CPA & ZC 201102 - PARK AND OPEN SPACE REZONING 
CPA and ZC 2011-02 represent comprehensive plan amendments and zone changes to change the land 
use and zoning designation to either Park (P) or Open Space (OS) on thirty-one parcels of publicly-owned 
land. One additional parcel, which is residential and privately-owned, is proposed to be rezoned Single-
Family Residential (R-l-5). The project is initiated by the City of Lincoln City. 
A. Statewide Planning Goals. 
Pertinent sections of the Statewide Planning Goals are addressed below. 
Goal 1. Citizen Involvement 
Goal 1 is "To develop a citizen involvement program that insures the opportunity for citizens to be 
involved in all phases of the planning process." 
The City has developed a Citizen Involvement Program. In addition, the public hearing process, with 
notice to the public and adjacent property owners and review of the application by the Planning 
Commission (a citizen board) establishes conformance with this goal. 
Goal 2. Land Use Planning 
Goal 2 is "To establish a land use planning process and policy framework as a basis for all decisions and 
actions related to use of land and to assure an adequate factual base for such decisions and actions. 
The Comprehensive Plan and Zoning Ordinance provide the process and framework for land use 
planning. The plan language relating to minor revisions to the Comprehensive Plan and Zoning Map 
have been incorporated into Chapter 17.88 of the Zoning Ordinance. Review of the application in 
accordance with Chapter 17.88 and the plan amendment procedures outlined in the Plan establishes 
conformance with this goal. 
Goal 5. Natural Resource. Scenic and Historic Areas, and Open Spaces 
Goal 5 is "To protect natural resources and conserve scenic and historic areas and open spaces." 
The proposed comprehensive plan amendment and rezoning will set aside lands for open space purposes, 
which is directly in accordance with the goal. It will ensure that the City has open space in the future, 
protect the scenic and natural resources of the open space parcels, promote healthy and visually attractive 
environments in harmony with the landscape character. 
Goal 8. Recreational Needs 
Goal 8 is "To satisfy the recreational needs of the citizens of the state and visitors and where appropriate 
to provide for the siting of necessary recreational facilities including destination resorts." 
Ordinance 2011-13 
Exhibit A - Findings 
Page 1 
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The open space parcels will serve the recreational needs of Lincoln City by providing areas for hiking, 
biking, bird watching, picnicking, nature walks, and other similar uses. The properties proposed for 
rezoning to Park are already developed and function as city or state parks. 
Goal 10. Housing 
Goal 10 is "To provide for the housing needs of citizens of the state." 
The proposed comprehensive plan amendment and zone change would result in the conversion of almost 
240 acres of residentially zoned land (mostly R-l-7.5) to Open Space (OS) or Park (P). One of the 
parcels is proposed for rezoning to a single-family residential zone (R-l-5) from its current designations 
of R-l-10 and Open Space. (This is the Gardner family property, which was the subject of a land trade to 
provide better connectivity in the Agnes Creek corridor.) 
This much property could accommodate several hundred dwelling units if it were fully developable. 
However, a large portion of the proposed open space parcels consists of wetlands, most of which are 
considered "significant" and which therefore are essentially undevelopable. Others consist of steep 
slopes that are prohibitively expensive to serve with necessary infrastructure such as roads and water and 
sewer lines. Nevertheless it is apparent that the proposed rezoning will remove a substantial amount of 
land from the current amount of land that nominally is available for residential development. 
However, the 2005 buildable lands inventory excluded these lands since they were considered committed 
to non-residential uses as parks and open space. Even with these exclusions the buildable lands inventory 
showed that Lincoln City had a supply of buildable residential lands adequate for the 20-year planning 
horizon. 
Goal 11 Public Facilities and Service 
Goal 11 is "To plan and develop a timely, orderly and efficient arrangement of public facilities and 
services to serve as a framework for urban and rural development". 
The proposed open space and parks parcels are located within the areas currently served through existing 
water and sewer infrastructure. The proposed rezoning may ultimately result is a need to extend utility 
services into new areas sooner than would have been the case had these lands remained in the developable 
inventory. In this regard, however, it is important to note that such extensions would be into areas (i.e. 
the Urban Growth Area) into which they are expected to be extended at some time anyway. The only 
difference is that this might occur somewhat earlier than it otherwise would. Moreover, as pointed out 
above the parcels proposed for rezoning are committed to open space and park uses and consist in large 
part of significant wetlands and steep slopes that would not be developed in any event. 
B. Comprehensive Plan. 
Pertinent sections of the Comprehensive Plan are addressed below. 
Land Use Planning Goal 
"To establish a land use planning process and policy framework as a basis for all decisions and actions 
related to use of land and to assure an adequate factual base for such decisions and actions." 
Ordinance 2011-13 
Exhibit A - Findings 
Page 2 
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The Zoning Ordinance provides the process and framework for land use planning. The language relating 
to amendments to the Comprehensive Plan have been incorporated into Chapter 17.88 of the Zoning 
Ordinance. 
Citizen Involvement Goal 
"Develop a Citizen Involvement Program which ensures the continued participation of citizens in the land 
use planning process" 
In addition to the City's public hearing process, the overall Parks Plan that included the open space 
acquisition program was reviewed by the Parks Board, Open Space Committee, Planning Commission 
and City Council. This proposed rezoning project was reviewed and endorsed by the Parks Board. 
Public Services and Utilities Goal 
"To plan and develop a timely, orderly and efficient arrangement of public facility and services which 
complement the area and serve as a framework for urban and rural development." 
As described above, the proposed open space and parks parcels are located within the areas currently 
served through existing water and sewer infrastructure and the proposed rezoning may ultimately result is 
a need to extend utility services into new areas sooner than would have been the case had these lands 
remained in the developable inventory, but into areas (i.e. the Urban Growth Area) into which they are 
expected to be extended at some time anyway. 
Housing Goal 
"To provide for the housing needs of all citizens." 
The conversion of the proposed open space parcels from developable residential lands to park or open 
space will still leave a more than adequate supply of developable residentially-zoned lands within the 
City's UGB. 
Economy Goal 
"To support the tourist industry and achieve a degree of diversity in the community which will allow a 
balanced economy that will, in turn, support an adequate level of services for all members of the area." 
The proposed rezoning includes approximately four acres of land zoned Professional Campus (PC) and 
one acre zoned General Commercial (GC). The PC-zoned land is proposed to be zoned Open Space. A 
large portion of that parcel consists of significant wetlands and would be unsuitable for development 
under the Professional Campus designation. The GC-zoned land is the city-owned Dorchester Park, 
which is already developed with tennis courts and other park amenities. 
Ordinance 2011-13 
Exhibit A - Findings 
Page 3 
PARK AND OPEN SPACE REZONING - 2011 - EXHIBIT B to ORDINANCE 2011-13 
A B C D E F G H 
1 PARCELID Vicinity Identifier OwnName LandApp ImpApp Acres New Old 
2 06-11 -26-00-00501 -00 N. of Villages @ Cascade Head CITY OF LINCOLN CITY $462,280 $0 58.6575 OS R-1-7.5 
3 07-11-02-DC-Ü0803-00 Holmes Road boat ramp pk. Lot CITY OF LINCOLN CITY $333 150 $53,000 0.8822 PARK R-1-7.5 
4 07-11-10-AA-14800-00 Dorchester Tennis Courts CITY OF LINCOLN CITY $391,000 $127,200 0.9642 PARK GC 
5 07-11-11-BB-04303-00 Mitchell acquisition n. of Kirtsis CITY OF LINCOLN CITY $93,850 $0 1.8069 OS RM 
6 07-11-11-BC-00100-00 Skateboard park portion only CITY OF LINCOLN CITY 3568,000 $159.000 1 1907 PARK R-1-7.5 
7 07-11-11-BD-00601-00 N. of 22nd, east of W Devil's Lk Rd. CITY OF LINCOLN CITY $188,270 $0 4.1000 OS PC 
8 07-11-14-BB-05600-00 Devil's Lake State Park STATE OF OREGON $875,800 $0 3.0800 PARK R-1-10 
9 07-11-15-AA-01100-00 Devil's Lake State Park STATE OF OREGON $3,691,350 $530,000 22.2700 PARK R-1-10 
30 07-11-15-AD-00100-00 Devil's Lake State Park STATE OF OREGON $51,010 $0 5.0000 PARK R-1-10 
11 07-11-15-AD-00400-00 SE 1st Street CITY OF LINCOLN CITY $403,200 $0 0.7735 OS RC 
12 07-11-15-DC-15500-00 SW 14th (Agnes Creek area)-portion GARDNER CHESTER R TRUSTEE & 3258,610 $0 1.3300 R-1-5 R-1-10, OS 
13 07-11-15-DC-15601-00 SW 14th (Agnes Creek area)-portion CITY OF LINCOLN CITY 0.2400 OS R-1-10 
14 07-11-22-AB-04600-00 SW 14th (Agnes Creek area) CITY OF LINCOLN CITY SI 9.040 $0 0.214b OS R-1-10 
15 07-11-22-AB-05800-00 SW 14th (Agnes Creek area)-portion CITY OF LINCOLN CITY $302,220 $0 0.2179 OS R-1-10 
16 07-11-22-AC-02200-00 SW Bard Road (Agnes Creek area) CITY OF LINCOLN CITY $28,930 $0 1.6100 OS RM 
17 07-11-27-AQ-00102-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $411,500 $0 33.1248 OS R-1-7.5 
18 07-11-27-A0-00103-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $64,590 $0 5.9507 OS R-1-7.5 
19 07-11-27-AO-00300-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $411,380 $0 32.1797 OS R-1-7.5 
20 07-11-27-A0-00301-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $50,560 $0 0.2416 OS R-1-7.5 
2 1 07-11-27-AO-00306-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $1,120 $0 0.4694 OS R-1-7.5 
22 07-11-27-AO-00500-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $43,130 $0 0.1142 OS R-1-7.5 
23 07-11-27-AB-00100-00 Spyglass (near Ridge Apts.) CITY OF LINCOLN CITY $1,650 $0 0.7287 OS R-1-7.5 
24 07-11-27-AB-00502-00 Spyglass (near OCCC) CITY OF LINCOLN CITY $9,040 $0 3.9376 OS R-1-7.5 
25 07-11-27-AC-00301-00 Spyglass (near OCCC) CITY OF LINCOLN CITY $5,670 $0 2.4746 OS R-1-7.5 
26 07-11-27-AC-00303-00 Spyglass (near OCCC) CITY OF LINCOLN CITY $1,580 $0 0.6920 OS R-1-7.5 
27 07-11 -34-D A-05400-00 Cutler O.S. (west portion only) LINCOLN COUNTY $303,120 $0 2.7332 OS R-1-7.5 
28 07-11-34-DC-10700-00 Cutler Kids/Senior Park CITY OF LINCOLN CITY $75,000 $0 0.1148 PARK R-1-5 
29 07-11-34-DC-10900-00 Cutler Kids/Senior Park CITY OF LINCOLN CITY $76,000 $0 0.1148 PARK R-1-5 
30 07-11-34-DD-08303-00 Cutler O.S. (portion only) LINCOLN COUNTY $11,530 $0 21.2924 OS R-1-7.5 
31 07-11-34-DD-08500-0C SW 69th - n. of Winged Sanctuary CITY OF LINCOLN CITY $930 $0 1.8518 OS R-1-7.5 
32 07-11-34-AD-00100-00 E. of 1 0 1 S. of SE 54th Dr. (portion) U.S. FISH & WILDLIFE $1,395,470 24.6000 OS R-1-7.5 
33 07-11-34-AA-04700 E of 101, bisected by SE 54th U.S. FISH & WILDLIFE $577,180 $0 12.1300 OS R-1-7.5 

ATTN: Plan Amendment Specialist 
Dept. of Land Conservation/Develop. 
635 Capitol Street NE, Suite 150 
Salem, OR 97301-2540 
" trzzà W PITWE * IOWS 
t 02,23° 
. >6554478 SE ' 2 9 ? t1 
MAILED FROM ZIP CODE 97367