Scappoose council holds first reading to adopt hearings officer's approval for Buxton Ranch development

The Scappoose City Council on Nov. 4 conducted the first reading of Ordinance 9-20, a measure intended to implement a hearings officer's final order that approves the Buxton Ranch consolidated land-use application and related permits.

Community Development Director Lori Oliver Joseph told the council the matter has a long procedural history: the council originally approved the project on Dec. 19, 2022; the decision was appealed to the Land Use Board of Appeals and the Court of Appeals and remanded to the city on four distinct issues. The council previously delegated decision authority to a hearings officer, who held a public hearing Sept. 30, 2024 and issued a final order Oct. 28, 2024. "On October 28, the hearings officer issued a final order approving the Buxton Ranch application, with the inclusion of 53 conditions of approval," Oliver Joseph said. She added staff "recommends that the council adopt Ordinance 9-20, thereby approving the Buxton Ranch consolidated application and accept the findings and conditions of approval as presented."

Oliver Joseph emphasized that the hearings officer's report evaluated testimony and arguments only as they related to the remanded issues and contained findings tied to the applicable development-code criteria in effect when the application was submitted. She also said the hearings officer record is closed and that public testimony was considered at the hearings officer hearing, not during the council's ordinance adoption.

Before the council took the ordinance up, the mayor asked whether any councilor wished to declare bias, ex parte contact or a conflict of interest. Councilor Lefrenz said his home and property lie in close proximity upstream of the proposed development and "this ordinance may result in a detriment to myself and property," and he stated he would recuse himself. Other councilors disclosed receiving emails or one-way contacts from a community member, Joel Haugen, but each said the contacts did not prevent them from deciding the matter impartially. Councilor Jacobs described multiple approaches from the public but stated she could render a neutral decision.

Councilor Holmes moved to approve Ordinance 9-20 and accept the hearings officer's findings and conditions; Councilor Santiago seconded. The mayor read the ordinance title for the first time. The council did not vote to adopt the ordinance at this meeting; the body scheduled a second reading and vote for Nov. 14, 2024.

The ordinance as presented would amend the Scappoose zoning map and adopt the hearings officer's final order implementing the Buxton Ranch plan development overlay, conditional-use and sensitive-lands development permits. The hearings officer's order and its 53 conditions are part of the administrative record the city would adopt by ordinance. The council's action on Nov. 14 will be the next formal opportunity for a vote on final adoption.

Council members and staff also noted logistics related to Councilor Lefrenz's recusal and advised him to leave the meeting for the matter. The mayor announced an executive session later in the evening on labor negotiations under ORS 192.660(2)(d).