Development FAQs

Annexation applications are subject to the public hearing process and public noticing requirements. Comments received from property owners, agencies and other interested parties may affect the decision. Special conditions may be attached to any approval. Annexation applications will be reviewed at a public hearing before the Estacada Planning Commission, who will forward a recommendation to the City Council. The City Council will then review the application at a public hearing and render a final decision. City Council decisions may be appealed to the State Land Use Board of Appeals (LUBA), subject to the criteria in EMC 16.132.050.

The process of annexing land to the City allows for orderly expansion of the City and for the adequate provision of public facilities and services. For annexation to proceed, the land must be within the City’s urban growth boundary, adjacent to existing city limits, and align with the goals and policies of the Comprehensive Plan. Proposals must demonstrate that adequate services can be provided within three years, and all property owners must consent.

Much of rural Clackamas County is not located within an incorporated city (e.g., Estacada, Canby, Sandy). The post office often assigns addresses to properties in these areas that include the nearest city name, irrespective of jurisdictional boundaries. In our area, this means that many rural properties have "Estacada" in their address, though they are not within Estacada city limits, or under the City's jurisdiction. In these cases, all land use approval authority is held by Clackamas County (https://www.clackamas.us/planning). If you aren't sure whether or not a property is within City limits, feel free to contact the Community Development Department and we can let you know.

If you’ve noticed more traffic in Estacada, you’re not alone. The Planning Department hears about these concerns often, as traffic on our roads and intersections has been increasing for several reasons.

Estacada continues to grow, attracting new residents and businesses. Many people are also living farther from work, which adds to congestion, especially during morning and evening commutes. Additionally, our expanding industrial park has brought more warehouses and distribution centers, increasing truck traffic in the area.

The City of Estacada tracks traffic volume in a variety of ways. Larger development projects are required to complete traffic impact studies that analyze project-related trips. The City has an adopted Transportation System Plan (TSP) that identifies street classifications and lists transportation projects, among other things. Lastly, the City closely coordinates with Clackamas County and ODOT, which are also concerned with traffic patterns in our area, and have their own lists of transportation projects.

It is worth noting that traffic impacts and mitigation for development projects, as in other cities, are analyzed using the City's adopted performance thresholds, which are identified in the TSP. This is sometimes unsatisfying to the general public because traffic studies are perceived as saying that traffic is "no problem," which is not the intended message. Many projects do generate more traffic, but do not trigger "failures" at intersections based on these adopted thresholds. If you have questions on this topic, feel free to reach out to planning staff.

A pre-application conference (often shortened to "pre-app") is often the required first step when a project applicant is looking to develop or build a project. It is an opportunity to gain valuable input from the people and parties that will be analyzing and reviewing the development or land use application once it is submitted, and includes representatives from City Planning, Public Works, Engineering, Estacada Fire District, and other relevant agency partners.

Discussions in the pre-app often confirm the availability of public utilities and services, clarify the City's expectations for public improvements (e.g., right-of-way dedications and sidewalks), and identify issues with a project design before it is finalized.

Planning Staff evaluates land use proposals against the policies and requirements of the Comprehensive Plan and Development Code, and presents findings and recommendations to the Planning Commission, the Downtown Design Review Committee, and/or the City Council for their consideration. Here’s how the review process works:

1. Public Notice and Hearing: Specific criteria that land use applications must follow are outlined in the public notice and discussed during the public hearing(s). These criteria typically relate to the zoning designation of the subject property and the type of land use proposed.
2. Compliance with Codes and Laws: Applications are evaluated based on whether they meet the City's development code standards. If an application complies with all applicable standards, it cannot be denied. Property owners have the right to develop their property as long as they adhere to all applicable laws and regulations. Denying applications that meet all requirements could result in claims with the Land Use Board of Appeals (LUBA) and potential lawsuits against the City.
3. Denial for Non-Compliance: If the City's findings demonstrate that an application does not and cannot comply with all applicable development code standards, the application may be denied.
4. Estacada Comprehensive Plan: In addition to development code requirements, land use applications must also align with the applicable goals and policies of the Estacada Comprehensive Plan. This ensures that proposed developments are consistent with the overall vision and planning objectives for the community.

This thorough review process ensures that all land use applications are evaluated fairly and consistently, adhering to established codes, laws, and community plans.

Completion Review – 30 days: Once a land use application is submitted and the associated fee is paid, City Staff have 30 days to determine whether the application is complete or incomplete.

Application Review & Decision – 120 days: After an application is deemed complete, the City must issue a final decision within 120 days. This includes a 15-day appeal period.

Maximum timeline for a complete land use application: From the initial application submittal to the final decision, the maximum timeline is 150 days (5 months).

Minimum time required between application submittal and the first public hearing: The first public hearing will occur at least 9 weeks after the application is submitted.

Due to our proximity to the Portland Metro area, the state's housing shortage, and our community's reputation for having a high quality of life, Estacada continues to experience intense pressure to grow. While the Planning Department and Planning Commission are tasked with evaluating consistency between development proposals and applicable regulations, neither party initiates development. Development proposals come before decision makers (Planning Commission and/or City Council) when property owners decide to utilize the development capacity on their property, which is based on zoning standards. As such, the amount of development occurring in Estacada at any point in time is largely a function of market forces.

Subdivision applications are subjected to a thorough review process requiring a recommendation from the Planning Commission and final approval from the City Council. Here’s how it works:

1. Public Notice and Hearing: The specific code criteria that subdivision applications must meet are identified in the public notice and are discussed during the public hearing(s). These criteria generally relate to the zoning designation of the subject property, the type(s) of housing proposed, and the transportation / utility infrastructure that must be built concurrently with the development.
2. Compliance with Codes and Laws: If an application meets all the requirements outlined in the City’s code, it cannot be denied. Property owners have the right to develop their property as long as they follow the applicable laws and regulations. Denying an application that meets all requirements could lead to claims with the Land Use Board of Appeals (LUBA) and potential lawsuits against the City.
3. Denial for Non-Compliance: If the City's findings demonstrate that an application does not and cannot comply with all applicable development code standards, the application may be denied.
4. Estacada Comprehensive Plan: In addition to development code requirements, the application must also align with the applicable goals and policies of the Estacada Comprehensive Plan.

This process ensures that all new subdivisions are reviewed fairly and consistently, allowing development that adheres to adopted community standards and legal requirements.

Applications that require Planning Commission approval only:

• Conditional Use (CU)
• Temporary Use (TU)
• Variance (VAR)
• Land Partition (LP)
• Parking Adjustment (PA)

Applications that require Downtown Design Review Committee approval only:

• Downtown Design Review (DR) - only in certain circumstances, see 16.26.050 Downtown Design Guidelines And Standards)

Applications that require a Planning Commission recommendation and City Council approval:

• Annexation (ANNEX)
• Subdivision (S)
• Planned Development (P-D)
• Zone Change (ZC)
• Code Amendments and Plan Amendments (ORD)