Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
New state rules narrow 'limited land use' process; Scappoose to change notices and hearings
Summary
Community Development staff told the Scappoose City Council that Senate Bill 1537, effective Jan. 1, requires cities to follow a narrower process for limited land use decisions — reducing mailed notice from 200 to 100 feet and prohibiting hearings for initial limited land use decisions — prompting code amendments and interim procedural changes.
Scappoose — City staff on Feb. 3 briefed the City Council on changes required by Senate Bill 1537 and related Oregon statutes, explaining how the law narrows procedures for "limited land use" decisions and what Scappoose will do in the short term as it updates local code.
Community Development Director Lori told the council SB 1537 took effect Jan. 1 and establishes a specific procedure for limited land use decisions. Under the law, cities "shall apply the procedures in this section and only the procedures in this section" to those decisions, Lori said, and where local code conflicts with the statute the city must follow state law.
Key changes staff flagged: current city code required mailed notice to owners and occupants within 200 feet; state statute now limits notice to 100 feet, and the city must comply with the 100-foot requirement. More significantly, SB 1537 bars a hearing for an initial limited land use decision — hearings are still required on appeals, but not for the initial decision — which conflicts with Scappoose's code because the planning commission currently holds public hearings and serves as the approval authority for many limited land use items.
Staff proposal and timeline: As part of the broader "50-year plan" code update the city will adjust its development code so limited land use decisions become staff decisions where appropriate. Lori outlined thresholds staff has already proposed for staff-level approval: for subdivisions, staff would be allowed to approve projects of 5 acres or less, 20 lots or fewer, or 20 dwelling units or fewer; for site development review, staff-level thresholds proposed include gross floor area of 5,000 square feet or less, site size under 1 acre, and trip generation not exceeding 100 average daily trips. Staff said those changes had been vetted with the stakeholder advisory committee and planning commission and would be folded into the final code amendments later this year.
Interim practice: Until the code is formally amended, staff said the city will follow state law where it directly conflicts with local code (for example, mailing notices to 100 feet). Where the code is not in direct conflict (for example, who serves as the approval authority), staff said it will continue to follow existing local code while preparing amendments. Lori warned applicants that during this interim period the planning commission meetings will be "pared down" and applicants likely will not speak during the meeting on initial limited land use decisions because the statute restricts hearings.
Questions from councilors focused on transparency and public engagement. Councilors and staff discussed how written comments will still be accepted and incorporated into decisions, and staff said it will continue to provide notice and publish full staff reports so members of the public can review how criteria were applied. Staff also suggested improvements such as an online map to make applications easier for the public to find.
Provenance: Staff presentation on SB 1537 and limited land use process begins when Lori introduces the item and continues through council questions and staff responses about interim procedures and proposed code amendments.
