Developer and city sought review of decision of the Land Use Board of Appeals (LUBA) remanding the city’s decision granting conditional use and preliminary site plan approval for a waterfront office and hotel development.
The Court of Appeals held that:
- LUBA properly rejected city’s interpretation of comprehensive plan provision on development in flood prone areas;
- Comprehensive plan provision regarding building in flood prone areas required developer’s proposed waterfront hotel and office building project to meet the requirements of the floodplain overlay zone; and
- Comprehensive plan provision did not require developer to map the 100-year floodplain on the site affected by its proposal.