Remand Public Hearing for LUBA Case No. 2023-001 - Buxton Ranch Planned Development and Subdivision

The City of Scappoose will hold a public hearing on Monday, September 30, 2024, at 6:00 p.m. in the Scappoose City Hall Council Chambers, 33568 E. Columbia Avenue, in the City of Scappoose, Oregon, in regard to the following matter:

REMAND HEARING FOR DOCKET # SB1-22, ZC1-22, CU1-22, SLDP (1-22, 2-22, 3-22, 4-22): David Weekley Homes has requested approval for Tentative Subdivision Plat Approval (SB1-22) to subdivide Columbia County Assessor Map No. 3212-CB-00401 into 44 single family residential lots in the Low Density Residential (R-1) zone. (David Weekley Homes initially requested approval for a 48-lot subdivision; however, the City authorized no more than 44 lots with a minimum square footage of 4,000 square feet as a condition of approval in its final decision). The applicant also requests approval for a Planned Development Overlay Zone Change (ZC1-22), Conditional Use Permit (since Planned Developments are listed as a Conditional Use in the R-1 zone), and Sensitive Lands Development Permits for the sensitive lands on site, including Floodplain (SLDP1-22), Wetlands (SLDP2-22), Slope Hazard (SLDP3-22) and Fish and Riparian Corridor (SLDP4-22). The site is 17.3 acres and is located south of the Captain Roger Kucera Way and SW JP West Road intersection.

Scope of Remand

This remand hearing results from LUBA Case No. 2023-001, which requires the City to consider four specific assignments of error (each of which are stated below). The remand hearing is limited in scope to only the four assignments of error and the City will not accept any evidence, arguments, or testimony beyond the scope that is stated below. Written and verbal arguments (defined as assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision, not including facts) may be made with regard to any of the assignments of error using information already in the record. Written and verbal evidence (defined as facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the offeror to be relevant to the decision, that do not already exist in the record) shall be limited to the second assignment of error, as stated below. Any evidence not related to the second assignment of error will be rejected and will not be considered by the decision-maker.

The four assignments of error are:

• Second assignment of error: The City must allow interested parties to respond to the applicant’s statement that “44 was the number of lots the applicant could make ’pencil’ while protecting the creek and providing a minimum lot size of 4,000 square feet”;
• Third assignment of error: The City must adopt written findings concerning whether a reduction in lots from 48 to 44 and requiring a minimum lot size of 4,000 square feet would make the project non-compliant with the applicable criteria for approval;
• Fourth assignment of error: The City must adopt written findings that address whether the construction of stormwater ponds are a permitted use within the floodplain;
• Seventh assignment of error: The City must adopt written findings to adequately explain how the evidence in the record leads to the conclusion that the City Planner and City Engineer approved an exemption from the City’s block length standards in Scappoose Development Code (SDC) Section 17.154.040 and to explain why the street is not a cul-de-sac, or if it is a cul-de-sac, adequately address the cul-de-sac standards.

The City’s final decision on the above applications must be based on findings that a specific set of criteria have or have not been met, including the following:

1. Applicable goals and policies of the Scappoose Comprehensive Plan.
2. Applicable sections of Title 17 (Land Use and Development) of the Scappoose Municipal Code, with particular emphasis on Chapters 17.01 (Introduction); 17.22 (Amendments to the Maps); 17.44 (R-1, Low Density Residential); 17.81 (Planned Development Overlay); 17.84 (Sensitive Lands - Flooding); 17.85 (Sensitive Lands – Wetlands); 17.86 (Sensitive Lands – Slope Hazard); 17.89 (Sensitive Lands- Fish and Riparian Corridor); 17.100 (Landscaping, Screening and Fencing); 17.104 (Street Trees); 17.130 (Conditional Use); 17.150 (Land Division – Subdivision); 17.154 (Street and Utility Improvement Standards); 17.162 (Procedures for Decision Making--Quasi-Judicial); and 17.164 (Procedures for Decision Making—Limited Land Use).

Public Testimony

Both verbal and written testimony may be provided at this remand hearing. Time limitations (3 – 5 minutes) may be placed on verbal testimony during the hearing so that adequate time is provided for anyone who wishes to speak. The City Council has elected to appoint a Hearings Officer to facilitate the public hearing on this matter.

Interested parties may submit written comments and new evidence (only as described above) to the City of Scappoose, Community Development Director, 33568 E. Columbia Avenue, Scappoose, Oregon, 97056 or email comments to loliver@scappoose.gov by 3:00 p.m. Thursday, September 26, 2024.

Failure to raise an issue in person, by letter, or email prior to the close of the public comment period, or failure to provide sufficient specificity to afford the decision-maker an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue.

October 27, 2022 Planning Commission Meeting (evidentiary public hearing)

November 17, 2022 Planning Commission Meeting (recommendation made)

CITY COUNCIL

December 5, 2022 City Council Meeting (public hearing)

December 12, 2022 City Council Meeting

December 19, 2022 City Council Meeting (decision rendered)

REMAND HEARING

Monday, September 30, 2024 at 6:00 pm

Materials for this meeting, including the staff report, will be published on this page on Monday, September 23, 2024.

Join in person

Scappoose Council Chambers

33568 E Columbia Ave

Scappoose OR, 97056

Join online via Microsoft Teams

Meeting link to join

Meeting ID: 267 034 499 706

Passcode: 5DoPzd

Dial in by phone: +1 (971) 337-3491,,11302474#

Phone conference ID: 113 024 74#