Oregon Department of Land Conservation and Development 635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
(503) 373-0050 
Fax (503) 37S-551S 
www.lcd.s ta te .or .us 
NOTICE OF ADOPTED AMENDMENT 
12/26/2008 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT' City of Newport Plan Amendment 
DLCD File Number 004-08 
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, January 07, 2009 
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. 
MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED 
TO YOU ON A DIFFERENT DATE THAT IT WAS MAILED TO DLCD. AS A 
RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE 
DATE SPECIFIED. 
Cc: James Bassingthwaite, City of Newport 
Gloria Gardiner, DLCD Urban Planning Specialist 
Laren Woolley, DLCD Regional Representative 
Bill Holmstrom, DLCD Transportation Planner 
<paa> YAJ 
*NOTE. THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS 
FORM 2 
D L C D NOTICE OF ADOPTION ii)EPT OF This form must be mailed to DLCD within 5 working days after the final decisio j 
per ORS 197.610, OAR Chapter 660 - Division 18 
(See reverse side for submittal requirements ) DEC 18 2008 
UND CONSERVATION 
AND DEVELOPMENT 
Jurisdiction: City of Newport Local File No.: 5-CP-08 
(If no number, use none) 
Date of Adoption: December 15, 2008 Date Mailed: December 17. 2008 
(Must be filled in) (Date mailed or sent to DLCD) 
Date the Notice of Proposed Amendment was mailed to DLCD: September 24. 2008 
Comprehensive Plan Text Amendment 
Land Use Regulation Amendment 
New Land Use Regulation 
x_ Comprehensive Plan Map Amendment 
Zoning Map Amendment 
Other: 
(Please Specify Type of Action) 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." 
Amend Comprehensive Plan map designation of approximately 1.5 acres of a 1.6.5 acre-
property from High Density Residential to Industrial. The 16.5 acre property is 
designated as 1-3 (Heavy Industrial) on the Zoning map and all bn<- i-hP apprnv. I S 
acres is designated as Industrial on the Comp Plan map. 
Describe how the adopted amendment differs from the proposed amendment. If it is the same, write 
"Same." If you did not give notice for the proposed amendment, write "N/A." 
"Same." 
Plan Map Changed from : H 1§ h Density Residential t0 Industrial 
Zone Map Changed from: No change to No change (already 1-3(Heavy Industrial' 
Location: Assessor's Map 11-11-20-AB Tax Lot 10(Acres Involved: approx. 1.5 
Specify Density: Previous: Z^Z New: — 
Applicable Statewide Planning Goals: l, 2, 9, and 12 
Was an Exception Adopted? Yes: No: X 
DLCD File No.: 
Did the Department of Land Conservation and Development receive a notice of Proposed 
Amendment FORTY FIVE (451 davs prior to the first evidentiary hearing. Yes: _X* No: 
^mailed in time for DLCD to receive 45 days prior to first ev. hearing If no, do the Statewide Planning Goals apply. Yes: No: 
If no, did The Emergency Circumstances Require immediate adoption. Yes: No: _ 
Affected State or Federal Agencies, Local Governments or Special Districts: citv of Newport. 
ODOT 
James Local Contact: Bassingthwaite Area Code + Phone Number: 541-574-0626 
Address: 169 SW Coast Hwy 
City: Newport Zip Code+4: 97365-4713 
ADOPTION SUBMITTAL REQUIREMENTS 
This form must be mailed to DLCD within 5 working davs after the final d e c i s i o n 
per ORS 197.610, OAR Chapter 660 - Division 18. 
1- Send this Form and TWO (2) Copies of the Adopted Amendment tor 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
2. Submit TWO (2) copies the adopted material, if copies are bounded please submit TWO (2) 
complete copies of documents and maps. 
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 of this Notice of Adoption must include the text of the amendment plus adopted 
findings and supplementary information. 
5. The deadline to appeal will 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 copy this form on to 8-1/2x11 green paper only; or call the 
DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518; or Email your 
request to Larry.French@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. 
J:\pa\paa\forms\noticead.fim revised: 7/29/99 
CITY OF NEWPORT 
ORDINANCE NO. 1969 
AN ORDINANCE AMENDING ORDINANCE NO. 1621 (AS AMENDED) OF 
THE CITY OF NEWPORT, OREGON, TO AMEND THE COMPREHENSIVE 
PLAN MAP OF THE CITY OF NEWPORT COMPREHENSIVE 
PLAN: 1990-2010 
Summary of Findings: 
1. Applicants Gary, Vernon, Robert & Loren Tryon (Dennis L. Bartoldus, authorized 
representative), submitted a land use request on September 19, 2008, for a minor 
Comprehensive Plan map amendment (Newport File No. 5-CP-08) to change the 
Comprehensive Plan classification of approximately 1.5 acres of a 16.5 acre property 
(currently identified as Tax Lot 100 of Lincoln County Assessor's Map 11-11-20-AB-
4003 S. Coast Hwy) from "High Density Residential" to "Industrial". The applicant also 
contended that the amendment may be considered a Comprehensive Plan map error 
amendment. The entire 16.5 acre property was designated as I-3/"Heavy Industrial" on 
the Newport Zoning Map as part of an annexation and rezone ordinance amendment in 
File No. 1-AX-07/2-Z-07. All but approximately 1.5 acres in the southeast corner of the 
property is designated as Industrial on the Comprehensive Plan map. The 1.5 acres is 
currently designated as High Density Residential on the Comprehensive Plan map. 
Through the annexation and rezone ordinance amendment process in File No. 1-AX-
07/2-Z-07, both the Planning Commission and City Council agreed as requested by the 
property owner that the 1.5 acre portion of the subject property should be in the 1-3 zone 
so that the entire parcel was zoned 1-3. The proposed Comprehensive Plan map 
amendment was identified as a condition of approval as part of the annexation involving 
the subject property in Newport File No. 1-AX-07/2-Z-07 as adopted in Ordinance No. 
1922 (Section 3 (A)) and amended in Ordinance No. 1931 in order to bring the 
Comprehensive Plan map designation into conformance with the Zoning map 
designation. 
2. The Planning Commission of the City of Newport, after providing the required public 
notification including the notification to the Department of Land Conservation & Development, 
held a duly noticed public hearing on November 10, 2008, on the proposed amendment (Newport 
File No. 5-CP-08) for the purpose of reviewing the proposed amendments and providing a 
recommendation to the City Council. The Planning Commission voted unanimously to 
recommend approval of the amendment as a minor comprehensive plan map amendment to the 
City Council. 
3. The City Council of the City of Newport, after providing the required public notification, held 
a duly noticed public hearing on December 1. 2008, and voted unanimously (with Councilor 
Bertuleit not participating in the hearing) in favor of adoption of the proposed amendments after 
Page 1 ORDINANCE No. 1969 . Amending Ordinance No. 1621 (as amended) to amend the 
Comprehensive Plan Map. 
considering the recommendation of the Planning Commission, the Planning Staff Report and 
attachments, and the evidence and argument presented at the public hearing. 
THE CITY OF NEWPORT ORDAINS AS FOLLOWS: 
Section 1. Ordinance No. 1621 (as amended) is amended to establish a Comprehensive Plan 
Map (General Land Use Plan Map) designation of "Industrial" for an approximately 1.5 acre 
portion of property that is currently designated as "High Density Residential" in the southeast 
corner of a 16.5 acre property currently identified as Tax Lot 100 of Lincoln County Assessor' 
Map 11-11-20-AB (4003 S. Coast) as illustrated in Exhibit "A" so that the entire property is 
designated as "Industrial". 
Section 2. The City Council adopts the findings of fact and conclusions contained in Exhibit 
"B" in support of approval of the amendment to the Newport Comprehensive Plan Map. 
Date adopted on initial vote and read by title only: 
Date adopted on final roll call vote: 
, 2008. 
Page 2 ORDINANCE No. 1969 , Amending Ordinance No. 1621 (as amended) to amend the 
Comprehensive Plan Map. 
1 
EXHIBIT "A" 
Newport File No. 5-CP-08 
Newport File No. 5-CP-08 
Subject Property: Assessor's Map 11-11-20-AB Tax Lot 100 
EXISTING COMP PLAN ANP ZONING MAP 
DESIGNATIONS: 
lndustrial/l-3 (Heavy Industrial) 
High Density Residential (portion of property)/!-} (Heavy Industrial) 
PROPOSED COMP PLAN MAP 
DESIGNATION: 
PROPOSED Industrial (Portion of property currently designated 
High Density Residential on Comp Plan Map with 1-3 (Heavy 
Industrial) on Zoning Map) 
ORDINANCE NO. / Exhibit "A" / Illustration of Comprehensive Plan Map Amendment 
EXHIBIT "B" 
Newport File No. 5-CP-08 
FINDINGS FOR A COMPREHENSIVE PLAN MAP AMENDMENT 
TO CHANGE THE COMPREHENSIVE PLAN MAP 
DESIGNATION OF A PORTION OF PROPERTY 
FINDINGS OF FACT 
1 Applicants Gary, Vernon, Robert & Loren Tryon (Dennis L. Bartoldus, authorized 
representative), submitted a land use request on September 19, 2008, for a minor 
Comprehensive Plan map amendment to change the Comprehensive Plan classification of 
approximately 1.5 acres of a 16.5 acre property from "High Density Residential" to 
"Industrial". The applicant also contends that the amendment may be considered a 
Comprehensive Plan map error amendment. The entire 16.5 acre property was 
designated as I-3/"Heavy Industrial" on the zoning map as part of an annexation and 
rezone ordinance amendment in File No. 1-AX-07/2-Z-07. All but approximately 1.5 
acres in the southeast corner of the property is designated as Industrial on the 
Comprehensive Plan map. The 1.5 acres is currently designated as High Density 
Residential on the Comprehensive Plan map. Through the annexation and rezone 
ordinance amendment process in File No. 1-AX-07/2-Z-07, both the Planning 
Commission and City Council agreed as requested by the property owner that the 1.5 acre 
portion of the subject property should be in the 1-3 zone so that the entire parcel was 
zoned 1-3 The proposed Comprehensive Plan map amendment was identified as a 
condition of approval as part of the annexation involving the subject property in Newport 
File No. 1-AX-07/2-Z-07 as adopted in Ordinance No. 1922 (Section 3 (A)) and amended 
in Ordinance No. 1931 in order to bring the Comprehensive Plan map designation into 
conformance with the Zoning map designation. To receive approval for the requested 
amendment, the applicant would have to demonstrate that either the criteria for a minor 
Comprehensive Plan map amendment or the criteria for a Comprehensive Plan map error 
amendment has been met. The applicant does not have to demonstrate that both sets of 
criteria have been met. 
2. The subject property is located on Tax Lot 100 of Lincoln County Assessor's Map 11-
11-20-AB (4003 S. Coast Hwy). The property includes a substantial portion of the 
proposed SE 40 t h Street currently under construction. The size of the subject property is 
approximately 16.5 acres, but only a portion (approximately 1.5 acres) is involved in the 
requested Comprehensive Plan amendment. The subject property size will see a reduction 
in size with the planned dedication of the right-of-way for the proposed SE 40 t h Street 
currently under construction. 
3 Staff reported the following facts associated with the request: 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 1 
A. Existing Comprehensive Plan Designation: Industrial for all but 
approximately 1.5 acres, which is designated High Density Residential. 
B. Existing Zone Designation: I-3/"Heavy Industrial". 
C. Surrounding Land Uses: The South Beach neighborhood contains a mix of 
public, commercial, water-dependent and water-related, industrial and residential 
uses. Land uses in the area near the subject property include a mix of developed 
and undeveloped industrial land, residential zoning that allows for single-family 
and multi-family uses, a trailer park, a mix of commercial uses, the Central 
Lincoln PUD warehousing and substation facility, and public uses such as Mike 
Miller Park, the Oregon Coast Community College central campus site (under 
construction) and the Newport Waste Water Treatment facility. See Planning 
Staff Report Attachment "C" and "C-l". 
D. Topography and Vegetation: Level on westerly area with slope on southeast 
corner to the east with second plateau on east. The property is cleared to a 
significant degree, but there is still natural vegetation on the southeast area. 
E. Existing Structures: Pole building on eastern portion of property. 
F. Utilities: City services to the site are under construction. 
H. Development Constraints: Potential jurisdictional wetland area and steeper 
sloped areas. 
I- Current and Past Land Use Actions: 
File No. 3-PAR-08: Proposed minor partition filed on November 4, 2008, 
of subject property to create two parcels of approximately 12.8 
acres in size and 3.5 acres in size. This is a Community 
Development Director decision following notice to surrounding 
property owners and an opportunity to submit written comment. 
File No. 4-VAR-08: Proposed Type I variance filed on November 4, 
2008, of subject property to allow creation of an 1-3 parcel of 
approximately 3.5 acres, which is below the required 5 acre 
minimum 1-3 parcel size. This is a Planning Commission decision 
following a public hearing scheduled for December 8, 2008. 
File No. 1 -CP-06/1 -UGB-06/2-CP-06/2-Z-06: South Beach Neighborhood 
Plan (SBNP) as adopted in December 2006 by Newport Ordinance 
No. 1899 (concurrence with Urban Growth Boundary (UGB) 
adjustment by Lincoln County Ordinance No. 447 adopted April 
18, 2007). Portion of subject property in SE corner designated as 
High Density Residential as part of the South Beach Neighborhood 
Plan Comprehensive Plan map amendments. 
File No. 1-AX-07/2-Z-07. By Ordinance No. 1922 adopted 6/18/07 
(appealed to the Land Use Board of Appeals by ODOT) and 
amended by Ordinance No. 1931 adopted 8/6/07 (incorporating a 
settlement agreement with ODOT and the parties involved to allow 
the annexation/zone designations in Ordinance No. 1922 to 
become judicially final), annexed approximately 96.5 acres 
(subsequently determined to be 102.225 acres upon completion of 
a revised legal description of the property to be annexed) 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 2 
(including approximately 16.5 acres of Tax Lot 100 of Assessor's 
Tax Map 11-11-20-AB) and established a mix of zoning 
designations consistent with those designations adopted as part of 
the South Beach Neighborhood Plan. The proposed 
Comprehensive Plan map amendment in File No. 5-CP-08 was 
identified as a condition of approval as part of the annexation. 
4. The Department of Land Conservation & Development was mailed notification of the 
proposed amendments on September 24, 2008, using the DLCD Notice of Proposed 
Amendment green form. All applicable city departments and other public agencies and 
affected property owners within 300 feet of the subject property were notified on October 
21, 2008, for the Planning Commission hearing and on November 10, 2008, for the City 
Council hearing. Notification was published in the Newport News-Times on October 29, 
2008, for the Planning Commission hearing and on November 21, 2008, for the City 
Council hearing. 
5. The Planning Commission reviews this request and makes a recommendation to the 
City Council. The Planning Commission held a public hearing on the proposed 
amendment on November 10, 2008. The Planning Commission voted unanimously (7-0) 
(Patrick, Brusselback, Fisher, Mclntyre, Rehfuss, Newman, and Atwill) in favor of the 
requested minor Comprehensive Plan map amendment. The Planning Commission did 
not vote on whether or not the amendment would also qualify as a Comprehensive Plan 
map error amendment. Testifying in support of the application at the Planning 
Commission hearing was Dennis Bartoldus, representing the applicants. No testimony in 
opposition was received by the Planning Commission. See Planning Staff Report 
Attachment "F" (PC Draft 11/10/08 Minutes). 
6. A Planning Staff Report was prepared for the City Council public hearing held on 
December 1, 2008. The following attachments were included with the City Council 
Planning Staff Report: 
Attachment "A" Applicant Request 
Attachment "A-l" Topography Map of Property 
Attachment "A-2" Applicant Photographs 
Attachment "B" Notice of Public Hearing and Map 
Attachment "C" Comp Plan Map and Zoning Map Designations 
Attachment "C-l" Comp Plan Map of Area prior to adoption of SBNP 
Attachment "D" Ordinance No. 1922 
Attachment "D-l" Ordinance No. 1931 
Attachment "D-2" Kit of Parts from File No. l-PD-07 
Attachment "E" Portion of PC 6/26/06 Minutes 
Attachment "E-l" Portion of PC 7/10/06 Minutes 
Attachment 1 "E-2" Portion of PC 5/14/07 Minutes 
Attachment "F" PC Draft 11/10/08 Minutes 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 3 
7. The City Council held a public hearing on December 1, 2008. Councilor Bertuleit 
disclosed that he was the owner of property within the notification area and stepped down 
from the hearing pursuant to the Newport Zoning Ordinance requirement prohibiting 
participation by members of the approving authority who own property within the 
notification area. The City Council received a Planning Staff Report with attachments 
and the material in the file was entered into the record and is hereby incorporated by 
reference into the findings. The minutes of the December 1, 2008, hearing are hereby 
incorporated by reference into the findings. The City Council allowed for both written 
and oral testimony (as identified in the Council minutes and the material in the file) at the 
public hearing on the proposed amendments. 
8. Following the City Council public hearing and deliberation on December 1. 2008, the 
Council voted unanimously to approve the requested amendments. 
9. The City Council finds that the applicable criteria are as follows: 
A. Criteria for the Proposed Comprehensive Plan Map Minor Amendment (p. 
286 of the Comprehensive Plan): 
1. Change in one or more goal or policy; and 
2. Demonstrated need to accommodate unpredicted population 
trends, housing needs, employment needs, or change in 
community attitudes; and 
3. Orderly and economic provision of key public facilities; and 
4. Ability to serve the subject property with City services without 
an undue burden on the general population; and 
5. Compatibility of the proposed change with the surrounding 
neighborhood and community. 
B. The applicant also contends that the request may meet the criteria identified in 
the Newport Comprehensive Plan for an error amendment. Findings regarding 
the following are required for an error amendment (p. 287 of the Comprehensive 
Plan): 
1. An error was made in the establishment of a map designation or 
boundary; and, 
2. The correction of the error by the amendment of a map designation 
or boundary is necessary to resolve an issue created by the error. 
C. With post-acknowledgement plan amendments, the applicant would need to 
submit findings regarding compliance with any applicable statewide planning 
goal requirements. The applicant has submitted findings in regard to the 
statewide planning goals. 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 4 
CONCLUSIONS 
1. The City Council concludes that the following findings demonstrate compliance with 
the applicable criteria for a Minor Comprehensive Plan Amendment as follows: 
A. Findings as applicable have been submitted demonstrating: "A change in one 
or more goal or policy" 
1. The City of Newport adopted the South Beach Neighborhood Plan 
(SBNP) in 2006 by Ordinance No. 1899. New goals and policies were 
adopted for the South Beach neighborhood which changed the 
Comprehensive Plan as it existed prior to the adoption of the SBNP. The 
SBNP includes the subject property. No amendments to the text of the 
Comprehensive Plan, as amended by the SBNP, are being requested as 
part of this application. The applicant notes that they are not seeking a 
change in a goal or policy of the recently adopted SBNP, they are simply 
seeking to make the designation on the Comprehensive Plan map 
consistent with the designation under the Zoning Ordinance. The 
requested change can be considered a minor map amendment under the 
Comprehensive Plan provisions and only a portion of the parcel is 
affected. 
2. As previously noted, the property had a Plan designation of Industrial 
under the County Zoning Ordinance and a City Comp Plan map 
designation of Industrial. Through the SBNP process, the property 
received a designation of High Density Residential on the southeast corner 
of the property. In the annexation process, the property owner requested 
that the 1-3 zone designation be applied to the whole parcel (including the 
southeast corner portion). The Planning Commission and City Council 
agreed to the property owner's request for the 1-3 zone designation and a 
mechanism was placed in the ordinance annexing the property to allow the 
change of the Comp Plan map designation to Industrial for the southeast 
portion of the parcel to occur after the annexation. See Planning Staff 
Reports Attachments "E", "E-l", "E-3", and "D" 
B. Findings as applicable have been submitted demonstrating that there is a. 
"Demonstrated need to accommodate unpredicted population trends, housing 
needs, employment needs, or change in community attitudes." 
1. The applicant notes in the findings that the change in the plan will help 
address the City's need to provide adequate land for industrial purposes. 
The economic provisions of the Comprehensive Plan highly recommend 
that additional land, particularly industrial, be considered for employment 
lands expansion by the City for the 20-year planning horizon. The 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 5 
Comprehensive Plan also recommends a reserve of industrial land for 
unanticipated developments. 
C. Findings as applicable have been submitted demonstrating an: "Orderly and 
economic provision of key public facilities." 
1. The applicants' findings indicate that utilities are being installed along 
SE 40 t h Street during the construction of the street and are adequate to 
serve the property. SE 40 Street is being constructed and provides access 
to the applicant's property. The applicant notes that the traffic studies 
provided to ODOT for the annexation of the property were performed with 
the property designated as Industrial. An agreement was entered into and 
signed between the applicant, Landwaves, the City of Newport, and 
ODOT that acknowledged compliance with the TSP if the property was 
used for industrial purposes. City services to the property will be provided 
as part of the overall services to the property. It is the applicant's intent to 
have two parcels of property with each parcel having frontage on an 
access off of SE 40 t h Street. 
D. Findings as applicable have been submitted demonstrating an: "Ability to 
serve the subject property with City services without an undue burden on the 
general population." 
1. The applicants note that as stated above, City services are being 
provided to the subject property with the construction of SE 40 t h Street, 
and the cost allocations have already been established by the parties 
benefiting from the road and utilities 
E. Findings as applicable have been submitted demonstrating the: "Compatibility 
of the proposed change with the surrounding neighborhood and community." 
1. The applicants conclude that the plan designation of Industrial will 
"square o f f ' the Industrial designation in the area. The property to the 
north, the west, and a portion of the south line of the property is zoned 
Industrial. Presently, there are many Industrial uses on the adjoining 
property that is planned and zoned Industrial. See Planning Staff Report 
Attachments "C" and "C-l". 
2. The historic zoning on the property is Industrial as the property had 
been zoned Plan Industrial (IP) in the County and Industrial on the City 
Comprehensive Plan map. Under the county's ordinance, previously there 
was an auto wrecking yard on the property, which was consistent with an 
Industrial use. 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 6 
2. The City Council concludes as follows regarding the applicable criteria for a 
Comprehensive Plan Map Error Amendment: 
A. Findings are required demonstrating: "An error was made in the establishment 
of a map designation or boundary; and the correction of the error by the 
amendment of a map designation or boundary is necessary to resolve an issue 
created by the error ". 
1. The applicant contends that the request may also be an error 
amendment. The Comprehensive Plan on page 286 explains the 
categories of errors as follows: 
Errors may include, but are not limited to cartographic mistakes, scrivener's 
errors in a description of a designation or boundary, incorrect map designations 
of property based on an erroneous assumption of property ownership, the need 
to reconcile conflicts between a comprehensive plan map designation and a 
zoning map designation of a property, or the need to adjust comprehensive plan 
designations or boundaries based on the correction of errors in the Urban 
Growth Boundary under the Newport Comprehensive Plan process for 
resolution of errors in the Urban Growth Boundary. [Emphasis added] 
2. Both the Planning Commission and the City Council reviewed the 
annexation and zoning map ordinance amendments in File No. 1-AX-
07/2-Z-07 and supported the designation of the subject property entirely 
with the 1-3 zone designation. As this created a conflict with the 
Comprehensive Plan map designation change of a portion of the southeast 
corner to High Density Residential approved in the SBNP and 
subsequently acknowledged by DLCD between the Planning Commission 
and City Council hearings, the Council included a condition of approval in 
Ordinance No. 1922 for the property owner to seek a comprehensive plan 
map amendment to reconcile the conflict between the High Density 
Residential Comprehensive Plan map designation on the southeast portion 
of the property established as part of the SBNP process and the 1-3 zoning 
map designation established as part of the annexation/rezone ordinance 
amendment process. As explained in the Comprehensive Plan on page 
286, the types of defined errors may include "the need to reconcile 
conflicts between a comprehensive plan map designation and a zoning 
map designation of a property". 
3. The applicant also contends the property received the Comprehensive 
Plan designation of High Density Residential in error. As previously 
noted, the property had a Plan Designation of Industrial under the County 
Zoning Ordinance and an Industrial designation under the City 
Comprehensive Plan map. During the SBNP process, there was a 
discussion about changing the designation of the entire parcel to a 
residential classification but ultimately only a portion of the property in 
the southeast corner of the property was designated with a High Density 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 7 
Residential designation. The property owner had requested during the 
SBNP process that most of the property remain designated as Industrial in 
order to allow for the potential relocation of their concrete batch plant. 
During the annexation process, the property owner requested that the 
entire parcel be designated with the 1-3 zone designation. The Planning 
Commission and City Council considered the request through the 
annexation/rezone public hearing process and agreed to designate the 
entire parcel with an 1-3 zone designation. A mechanism was placed in 
the ordinance annexing the property to change the Comprehensive Plan 
map designation of the southeast portion from "High Density Residential" 
to "Industrial" The Findings of Fact adopting Ordinance No. 1922 
recognized the desire to have the property designated as 1-3. 
4. In essence, to support a finding that the applicant has met the criteria 
for an error amendment, the City Council must find first that an error was 
made in the establishment of a map designation or boundary and second 
that the correction of the error is necessary, to resolve an issue on the 
property. The Comprehensive Plan section involving map amendments 
identifies errors as including "the need to reconcile conflicts between a 
comprehensive plan map designation and a zoning map designation of a 
property". In essence, the City Council would have to find that the 
adoption of the annexation/zoning ordinance amendments in File No. 1-
AX-07/2-Z-07 with the 1-3 zone designation applied to the whole parcel 
created a situation in which there was a need to reconcile conflicts 
between a comprehensive plan map designation and a zoning map 
designation on the subject property. As noted previously, Ordinance No. 
1922 adopting the annexation and zone designation ordinance 
amendments contained a provision in Section 3 (A) to provide for an 
opportunity for the property owner to apply for a Comprehensive Plan 
amendment to reconcile the issue created by the inconsistent zoning and 
comprehensive plan designations on the southeast corner of the property. 
5. The Planning Commission did not vote on whether or not the 
amendment would also qualify as a Comprehensive Plan map error 
amendment. 
3. The City Council concludes as follows regarding State Land Use Goals/ 
Administrative Rule Requirements: 
A. In regard to Statewide Planning Goal 1 (Citizen Involvement), the 
acknowledged Newport Comprehensive Plan establishes the City of Newport's 
Goal 1 program on pages 291 and 292. In regard to the specific Policies and 
Implementation Measures, the following information is provided demonstrating 
conformance with the goal of encouraging citizen involvement: 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 8 
1. Policy 1 contains at least three possible implementation measures (IM) 
to implement Policy 1 requirements of encouraging public involvement 
that may be or not be applicable depending on the nature of the proposed 
amendment. The City may use any one of the three implementation 
methods (or combinations thereof) to meet the Policy 1 requirements of 
encouraging public involvement. The current request is for a quasi-
judicial land use amendment application (not a legislative amendment) 
and therefore this policy is inapplicable. 
2. Policy 2 relates to encouraging the participation of citizens in the 
legislative stage of plan and ordinance development rather than in the 
quasi-judicial stage. The proposed comprehensive plan amendment is a 
quasi-judicial amendment (not a legislative amendment) and therefore this 
policy is not applicable. 
B. In regard to Statewide Planning Goal 2 (Land Use Planning), the City of 
Newport's Comprehensive Plan has been acknowledged as being in compliance 
with the Statewide Planning Goals, including Goal 2. The Newport 
Comprehensive Plan section entitled "Administration of the Plan" specifies how 
amendments to the plan are made. The proposed amendment will follow the 
requirements for an amendment found in the Newport Comprehensive Plan and 
will therefore be in compliance with Statewide Planning Goal 2. 
C. In regard to Statewide Planning Goal 3 (Agricultural Lands), Goal 4 (Forest 
Lands), Goal 5 (Open Spaces, Scenic and Historic Areas and Natural Resources), 
Goal 6 (Air, Water and Land Resources Policy), Goal 7 (Areas Subject to Natural 
Disasters and Hazards), and Goal 8 (Recreation Needs), there are no applicable 
requirements in these goals in regard to the proposed Comprehensive Plan 
amendment. 
D. In regard to Statewide Planning Goal 9 (Economic Development), the 
applicant notes that the property has been designated on the zoning map as land 
needed to address the industrial needs of the community as is suitable to meet the 
needs set forth in the industrial zooming of the City of Newport's Zoning 
Ordinance. The surrounding property to the north and to the west is zoned 
industrial. The requested change to the Comprehensive Plan map is 
approximately 1.5 acres of a 16-acre parcel that has already been zoned industrial. 
The portion on which the Comp Plan map amendment is requested is under the 
same ownership as the balance of the property that is zoned industrial. 
Additionally, the Newport Comprehensive Plan recommends that the City have a 
reserve of industrial land for unanticipated developments and that industrial land 
be considered for employment lands expansion for the 20-year planning horizon. 
E. In regard to Statewide Planning Goal 10 (Housing), the applicant notes that 
this goal is not applicable because this property has not been considered part of 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 9 
the City's housing inventory. It was only recently annexed into the City, and 
while in the County had a plan and zone designation of industrial under the 
County's acknowledged plan and zoning ordinance. 
F In regard to Statewide Planning Goal 11 (Public Facilities and Services), the 
applicant notes that public facilities and services are available to the property. 
The property owner is dedicating a portion of the larger parcel for a public street 
(SE 40 t h Street) and utilities to serve the property are being installed as part of the 
construction of that street, which is already under construction and nearing 
completion. 
G. In regard to Statewide Planning Goal 12 (Transportation) and the 
implementing Transportation Planning Rule (TPR) requirements, the applicant 
notes that this goal was already addressed in the recent annexation of the property 
into the City of Newport and by settlement agreement with ODOT, it was agreed 
this goal was met by the terms of the settlement agreement. 
H. In regard to Statewide Planning Goal 13 (Energy Conservation), this goal is 
not applicable. 
I. In regard to Statewide Planning Goal 14 (Urbanization), the applicant notes 
that this goal was addressed with the recent annexation of the property and does 
not need to be readdressed as part of this submittal. 
J. In regard to Statewide Planning Goal 15 (Willamette River Greenway), Goal 
16 (Estuarine Resources), Goal 17 (Coastal Shorelands), and Goal 18 (Beaches 
and Dunes), and Goal 19 (Ocean Resources), the proposed Comprehensive Plan 
map amendment will not have an impact on any of these Goals. 
OVERALL CONCLUSION 
Based on the Planning Staff Report and attachments, and other evidence and 
testimony in the record, the City Council concludes that the above findings of fact and 
conclusions demonstrate compliance with the applicable criteria and the requested 
amendment is hereby APPROVED. 
ORDINANCE NO. 1969 / Exhibit "B" / Proposed Findings for Comprehensive Plan Map 
Amendment - Newport File No. 5-CP-08. 10 
OFFICE OF Community Development 
C I T Y O F N E W P O R T 
1 6 9 S W C O A S T H W Y 
NEWPORT, OREGON 97365 
T D D / V O I C E 1 - 8 0 0 - 7 3 5 - 2 9 0 0 
CERTIFICATE OF MAILING OF NOTICE OF ADOPTION AND THE 
ADOPTED TEXT AND FINDINGS AS APPLICABLE 
Local File # S u N b 
Date of Deposit in the U.S. Mail : q j l i l c f c 
Name of Person Mailing VT^AJV--
Signature of Person Mailing 
F I S H I N G S P O R T F I S H I N G O C E A N B E A C H E S T O U R I S T C E N T E R M A R I N E S C I E N C E C E N T E R S E A P O R T L U M B E R I N D U S T R Y 
- A N EQUAL OPPORTUNITY EMPLOYER •