Published on December 22, 2020

BEFORE THE BOARD OF COUNTY COMMISSIONERS

FOR COLUMBIA COUNTY, OREGON

In the Matter of the Application by the Port        )

of Columbia County for a Comprehensive Plan  )                                               NOTICE OF REVISED SCHEDULE

Amendment, Zone Change and Goal 3                )                                                FOR REMAND PROCEEDINGS

Exception to Reclassify and Rezone Property     )                                                           (PUBLICATION)

from Primary Agriculture (PA-80) to Resource   )

Industrial Planned Development (RIPD) for an   )

837 Acre Expansion of Port Westward on           )

Remand from the Oregon Land Use Board of     )

Appeals                                                                 )

1. Notice is hereby given the Board of County Commissioners (the “Board”) has revised the schedule for remand proceedings in this matter.

2. The Board will conduct remand proceedings on the Port of Columbia County’s application for a Comprehensive Plan Map Amendment, Zone Change and an Exception to Statewide Planning Goal 3 for an 837-acre expansion of the Port Westward Rural Industrial Area (Port Westward) (see County File No. PA 13-02 and ZC13-01). The subject property is located at the Port Westward Industrial Site in Clatskanie, Oregon. It is identified in the County Assessor’s records as Tax Map Nos. 8N4W1600500; 8N4W2000 200, 300; 8N4W2100300, 301, 400, 500, 600; 8N4W2200400, 500, 600, 700; 8N4W2300900; and 8N4W23B0400, 500, 600, 700.

3. The applicant seeks to change the Comprehensive Plan Map designation of the expansion area from Agricultural Resource to Resource Industrial and to change the zoning from Primary Agriculture (PA-80) to Resource Industrial Planning Development (RIPD). An exception to Goal 3, which provides for the preservation of agricultural lands, is required to change the Comprehensive Plan designation from an agricultural use to an industrial use. The County approved the Port’s original application in 2014. The County’s decision on the Port’s original application was appealed to LUBA, which affirmed parts of the decision and remanded others (see LUBA Final Order 2014-17/18). In response to the remand, the Port modified its application. The County approved the modified application in 2018 (see Ordinance No. 2018-1). The County’s decision on the modified application was appealed to LUBA, which affirmed parts of the decision and remanded on a single issue (see LUBA Final Order 2018-020). LUBA remanded Ordinance No. 2018-1 for the County to “adopt more adequate findings, supported by substantial evidence, regarding the compliance with the requirement of OAR 660-004-0020(2)(d).”
4. The purpose of this remand proceeding is for the County to determine whether the proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts pursuant to OAR 660-004-0020(2)(d).

5. Written evidence, arguments and testimony shall be limited to the single issue of whether the proposed uses are “compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts” pursuant OAR 660-004-0020(2)(d). Any evidence, argument or testimony not related to this issue will be rejected and not entered into the record.

6. The Board has extended the period for submission of written evidence, arguments and testimony, as follows:

1. 1. The open comment period for interested parties to submit written evidence, arguments and testimony is extended to January 27, 2021.

1. 2. Interested parties may submit written evidence, arguments and testimony in rebuttal of evidence beginning January 28, 2021 and submitted no later than February 17, 2021 .

1. 3. Unless waived by the applicant, the applicant shall have until March 3, 2021 to submit final written arguments in support of the application. 

7. All evidence, argument and testimony must be submitted to the Board of County Commissioners’ Office, Room 338, 230 Strand Street, St. Helens, Oregon 97051 or by email to Jacyn Normine by email at jacyn.normine@columbiacountyor.gov on or before the applicable deadline identified in paragraph 6, above.  

8. Failure to raise an issue accompanied by statements or evidence sufficient to afford the Board and the parties an opportunity to respond to the issue precludes appeal to LUBA based on that issue.

9. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Board to respond to the issue precludes an action for damages in circuit court.

10. The staff report is available at this time.

11. A copy of the staff report, applicable criteria, applicant’s request for remand proceeding and compatibility study, and written materials will be available for inspection at no cost.  Copies of these materials will be provided at a reasonable cost upon request. Additional information about this application may be obtained from Jacyn Normine at (503) 397-4322 ext. 8400.

12. Following the period for the applicant to submit final arguments, the Board will schedule a meeting to deliberate towards a decision. The Board may announce a tentative decision at the meeting or carry over the matter for consideration to a later date. The decision will not be considered final until it is put in writing and notice of the decision is sent out to all of the parties to the proceeding. 

Dated this 18th day of December, 2020.

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        FOR COLUMBIA COUNTY, OREGON

                                                                        By:  s/Alex Tardif

                                                                             Alex Tardif, Chair

Chronicle: Please publish in your December 23, 2020 issue.

Chief: Please publish in your December 23, 2020 issue.