- Court: Oregon Land Use Board of Appeals
- Area(s) of Law: Land Use
- Date Filed: 08-20-2018
- Case #: 2018-030
- Judge(s)/Court Below: Opinion by Zamudio
- Full Text Opinion
Petitioner
In the first and fourth assignments of error, petitioner argues the city erred in deferring the conclusion as to whether the proposed development complies with certain street, utility, and storm drainage requirements to the final plan stage. While the feasibility of a proposed development must be shown at the preliminary plan stage—requiring substantial evidence that solutions to certain problems posed by the project are possible, likely, and reasonably certain to succeed—detailed technical matters involved in selecting particular solutions and requiring expert evaluation may be deferred to the final plan stage for administrative review and approval. LUBA disagrees with petitioner that the city’s decision failed to include adequate feasibility findings with respect to the street and utility requirements, however, LUBA agrees with petitioner that the city’s decision failed to address storm drainage at all. Petitioner’s first and fourth assignments of error are therefore sustained in part and denied in part and the city’s decision is REMANDED.