Land Use Hearings

Hearing continued from May 13th for BCC deliberation and decision only.

Oregon Administrative Rule (OAR) 660-012 outlines the requirements for Transportation Planning and includes specific requirements for Pedestrian System Planning and Bicycle System Planning. File ZDO-292 will amend Appendix A of the Comprehensive Plan to include the Walk Bike Clackamas (WBC) Plan and update the active transportation policies of Comprehensive Plan Chapter 5: Transportation System Plan.

File nos. Z0197-24 and Z0198-24 include a proposed Comprehensive Plan map amendment to change the land use plan designation for approximately one acre of the subject property from Unincorporated Community Residential (UCR) to Rural Commercial (RC), with a corresponding zone change from Rural Area Residential 1-Acre (RA-1) to Rural Commercial (RC).The application does not itself propose, nor would its approval authorize, any new development.

Ordinance ZDO-288, Utility Facilities, is a package of text amendments to the Clackamas County Comprehensive Plan (Plan) and Zoning and Development Ordinance (ZDO). It is intended to more comprehensively define “utility facility” and related terms and to allow a broader range of utility facilities to qualify as primary or accessory uses rather than conditional uses. The significance of this is that utility facilities that are primary or accessory uses would not require a land use application in most cases; the exception would be where the facility is subject to certain environmental or hazard regulations, such as floodplain or stream buffer requirements.

Minor and Time-Sensitive Comprehensive Plan and ZDO Amendments is a Planning project that is intended to be completed annually and focuses on changes to the County’s Comprehensive Plan and Zoning and Development Ordinance (ZDO) to comply with any new state and federal mandates, clarify existing language, correct errors, or adopt optional provisions that require only minimal analysis. This year, however, this amendment package is also proposed as a vehicle for the adoption of new land use allowances in state law.

The 2023-2024 Minor and Time Sensitive Amendments and New Housing Options package, Ordinance ZDO-285, is a narrowly-focused package of amendments that primarily responds to certain land use legislation approved in the 2021, 2022 and 2023 Oregon legislative sessions and recent state rulemaking.

This hearing is for consideration of File ZDO-273 (on remand), which contains amendments to the County’s Zoning & Development Ordinance (ZDO) related to the allowance of short-term rentals (STRs). These amendments are being brought before the Board to remedy issues that the Land Use Board of Appeals (LUBA) identified through an appeal of the previously-adopted ZDO amendments related to STRs.

Ordinance ZDO-282 primarily contains amendments that are needed to comply with House Bill 2001 (HB2001), a bill from the 2019 OregonLegislature that mandates jurisdictions, including Clackamas County, allow people to build middle housing --duplexes, triplexes, quadplexes, cottage clusters, and townhomes --in urban areas zoned for single-family detached housing. In unincorporated Clackamas County, these requirements will apply to properties in urban zoning districts R-5, R-7, R-8.5, R-10, R-15, R-20, R-30, VR-5/7, and VR-4/5.

1. A Comprehensive Plan Map amendment to change the land use plan designation of the subject property from Rural (R) to Rural Industrial (RI); 2. A corresponding zone change of the subject property from Rural Residential Farm Forest 5-Acre (RRFF-5) District to Rural Industrial (RI); and 3. A partition of the subject property into two parcels.

A proposed Comprehensive Plan Amendment for an exception to Statewide Planning Goal 3 (Agriculture), pursuant to ORS 660, for use of the property, including an existing residence and accessory buildings, as an ‘addiction recovery farm'.

Three phases of amendments to the county’s Zoning & Development Ordinance (ZDO) to provide zoning opportunities to help alleviate the housing shortage in unincorporated Clackamas County. This hearing is to consider additional options to two of the three strategies presented at the Oct. 6 meeting.

File numbers Z0079-21-Cp and Z0080-21 ZAP contain a proposed Comprehensive Plan Map Amendment from a Forest (F) to an Urban Low Density Residential (LDR) land use designation and a corresponding zone change from Timber (TBR) to Future Urban 10-acre (FU-10) or to Urban Low Density Residential (R-30), to facilitate future development of a single family residence on a vacant property. 

ZDO-280 is a package of legislative text amendments to the Clackamas County Comprehensive Plan and Zoning and Development Ordinance (ZDO). The proposed amendments, included in Attachment A, respond to a directive in the adopted Long-Range Planning Work Program for 2019-2021 (Attachment B). Per the Work Program, this project, “Project O-1”, is intended to make relatively minor changes to County land use regulations that are necessary to comply with new state and federal mandates, clarify existing language, correct errors, and adopt optional provisions that require only minimal staff analysis.

Planning files Z0167-21-CP and Z0168-21-ZAP contain a proposed Comprehensive Plan Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR) and a corresponding zone change from Medium Density Residential (MR-1) zone to High Density Residential (HDR) zone to facilitate a future multifamily development, subject to a separate Design Review land use approval process.

ZDO Section 202 (Definitions): the definition of “dwelling unit” would be amended to make it clear that the rental of a dwelling unit on a short-term basis is allowed; and ZDO Section 833 (Guest Houses): existing text that specifically prohibits using a guest house as a source of rental income would be removed and replaced with text that makes it clear that the rental of a guest house on a short-term basis is allowed. Specific facilities allowed and not allowed in guest houses would also be clarified.

Comprehensive Plan Amendment and Zone Change from Medium Density Residential to Light Industrial

Z0079-20-CP & Z0080-20-ZAP contain a proposal to change the Comprehensive Plan designation from Rural to Rural Industrial and to change the zoning designation of the subject property from Rural Residential Farm Forest 5-Acre, RRFF-5, to Rural Industrial (RI) to facilitate ongoing industrial operations on the site, comprised of two separate tax lots located at 23020 and 23340 SE Eagle Creek Rd.

The adopted Long-Range Planning Work Program for 2019-2021 includes a project titled “Minor and Time-Sensitive ZDO Amendments”, an effort intended to make relatively minor changes to the County land use regulations that are necessary to comply with new and pending state and federal mandates, clarify existing language, correct errors, and adopt optional provisions that require only minimal analysis.

Allied Homes and Development (the “Applicant”) requests a 6.42-acre expansion of the City of Sandy’s urban growth boundary (UGB).

Z0546-19-HL contains a proposal to remove the Historic Landmark (HL) overlay on the property located at 17800 Springwater Road.