Warren v. Washington County

Under ORS 197.307(4), “buildable land” is not a particular parcel identified in a Buildable Lands Inventory (BLI) as environmentally constrained and the CDC’s significant natural resource standards do apply to development of such constrained lands.

The challenged decision approves intervenor’s six-lot subdivision that consists of a 2.54-acre parcel zoned R-5 (Residential 5 Units Per Acre) (subject property) located between S.W. Birch Street and S.W. Cedarcrest Street, 200 feet to the west of S.W. 80^th Avenue, in the Metzger Progress area of the county, and is included in the Metro urban growth boundary. The central issue on appeal concerns whether the subject property is “buildable land” under ORS 197.307(3) and as defined in ORS 197.295. Not agreeing with the subdivision approval, petitioner subsequently appealed.

Under the first assignment of error, petitioner claims the hearings officer misconstrued ORS 197.307(4) because the property is not “buildable land” as defined by ORS 197.295(1) and the property is not suitable and available for residential uses, pursuant to OAR 660-007-0005(3)(b). Intervenor argues that the subject property is included in the Metro’s 2014 Buildable Lands Inventory (2014 BLI) and has been previously determined to be “buildable land”. Petitioner argues that while the property may be included in the BLI, such inclusion on the BLI does not demonstrate that the entire property is “buildable land.” LUBA agrees with petitioner, remanding for the hearings officer to determine what property is included in the BLI and thus subject to the protections of ORS 197.307(4). REMANDED.