Hearings Officer: Z0032-26 - April 30, 2026

Notice

Applicant: David Hobbs / Oregon City School District 62  

Property Owner: Oregon City School District 62 

Proposal: The Oregon City School District seeks approval of a Conditional use permit application at Candy Lane Elementary School to permit a building addition and associated site improvements. The proposal includes the construction of a new cafeteria building of approximately 4,520 square feet as an addition to an existing gymnasium. Other proposed improvements include the reconfiguration and expansion of an existing parking lot, construction of a driveway to Portland Avenue, construction of a retaining wall along Portland Avenue, relocation and improvement of a playground, construction of trash enclosure, and the construction of storm water facilities. 

Applicable Zoning and Development Ordinance Criteria: Sections 702, 805, 1002, 1005, 1006, 1007, 1009, 1010, 1011, 1015, 1021, 1203, and 1307. These criteria may be viewed online.

Site Address and/or Location: 5901 SE Hull Avenue, Milwaukie Oregon, 97267

Assessor’s Map: T2S, R2E, Section 18, Tax Lot(s) 2600, W.M.

Property Size: 6.09 acres 

Zoning:   Open Space Management District  

How to obtain additional information

Staff Contact: Georgia McAlister, 503-742-4521 or gmcalister@clackamas.us 

A copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost. In addition, a staff report on the application will be available for inspection at no cost at least seven days prior to the hearing. Copies may be purchased at the rate of $2.00 per page for 8 1/2” x 11” or 11” x 14” documents, $2.50 per page for 11” x 17” documents, $3.50 per page for 18” x 24” documents and $0.75 per sq ft with a $5.00 minimum for large format documents, or you may view these materials:

1. By emailing or calling the staff contact; or
2. View online through Accela. After selecting the “Planning” tab, enter the File Number to search. Select Record Info and then select “Attachments” from the dropdown list, where you will find the submitted application.

Community Planning Organization for Your Area: The following recognized Community Planning Organization (CPO) has been notified of this application and may develop a recommendation. You are welcome to contact the CPO and attend their meeting on this matter, if one is planned. If this CPO currently is inactive and you are interested in becoming involved in land use planning in your area, please contact Clackamas Clackamas County Community Engagement at communityinvolvement@clackamas.us. CPO: Jennings Lodge Contact: jenningslodgecpo@gmail.com 

How to submit testimony on this application

• All interested parties are invited to “attend” the hearing remotely online or by telephone and will be provided with an opportunity to testify orally, if they so choose. One week prior to the hearing, specific instructions will be available online.
• Written testimony received by April 16, 2026, will be considered by staff prior to the issuance of the staff report and recommendation on this application.  However, written testimony will continue to be accepted until the record closes, which may occur as soon as the conclusion of the public hearing.
• Written testimony may be submitted by email, fax, or regular mail.  Please include the permit number on all correspondence and address written testimony to the staff contact who is handling this matter.  
• Testimony, argument, and evidence must be directed toward the criteria identified above, or other criteria in the Zoning and Development Ordinance or Comprehensive Plan that you believe apply to the decision.  Failure to raise an issue in person at the hearing or by letter prior to the close of the record, or failure to provide statements or evidence sufficient to afford the Hearings Officer an opportunity to respond to the issue, precludes an appeal to the Oregon Land Use Board of Appeals based on that issue.
• Written notice of the Hearing Officer’s decision will be mailed to you if you submit oral or written testimony or make written request for notice of decision and provide a valid mailing address.

Procedure for the conduct of the hearing

The hearing will be conducted by one of the Land Use Hearings Officers, who are appointed by the Board of County Commissioners to conduct public hearings and issue decisions on certain land use permit applications. The following procedural rules have been established to allow an orderly hearing:

1. The length of time given to individuals speaking for or against an item will be determined by the Hearings Officer prior to the item being considered.
2. A spokesperson representing each side of an issue is encouraged.
3. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, argument, or testimony regarding the application. The Hearings Officer will either continue the hearing or leave the record open for additional written evidence, argument, or testimony.

Staff Report to the Hearings Officer 

Permit Type: Conditional Use

File No. Z0032-26

Applicant’s Proposal: The Oregon City School District seeks approval of a Conditional use permit application at Candy Lane Elementary School to permit a building addition and associated site improvements. The proposal includes the construction of a new cafeteria building of approximately 4,520 square feet as an addition to an existing gymnasium. Other proposed improvements include the reconfiguration and expansion of an existing parking lot, relocation of the existing parking lot entrance off Hull Avenue to Portland Avenue, reconstruction and expansion of the drive off Portland Avenue, construction of a retaining wall along Portland Avenue, relocation and improvement of a playground, construction of trash enclosure, and the construction of storm water facilities.

Staff Recommendation: Denial

Date of Staff Report: April 23, 2026

Date of Hearing: April 30, 2026

Issued By: Georgia McAlister, Senior Planner, GMcAlister@clackamas.us, 503-742-4521 

Applicant: David Hobbs, OCSD Capital Bond Director 

Owner of Property: Oregon City School District #62 

Zoning: Open Space Management (OSM)

Assessor’s Map & Tax Lot(s): T2S R2E Section 18DA Tax Lot 02600 

Site Address: 5901 SE Hull Ave, Milwaukie, 97267

Community Planning Organization (CPO) for Area:

Jennings Lodge, jenningslodgecpo@gmail.com

Community Planning Organizations (CPOs) are part of the county’s community involvement program. They are advisory to the Board of County Commissioners, Planning Commission and Planning and Zoning Division on land use matters affecting their communities. CPOs are notified of proposed land use actions and decisions on land within their boundaries and may review these applications, provide recommendations or file appeals. If this CPO currently is inactive and you are interested in becoming involved in land use planning in your area, please contact Clackamas County Community Engagement at 503-655-8751.

Opportunity to Review the Record and Decision: The complete decision, including findings and conditions of approval, and the submitted application are available for review online. Select the Planning tab and enter the file number to search. Select Record Info and then select Attachments from the dropdown list, where you will find the submitted application. A copy of the decision, application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost by contacting the Planner listed above. Copies of all documents may be purchased at a cost established by the County fee schedule. 

Appeal Rights: This decision will not become final or effective until the period for filing an appeal with the County has expired without the filing of an appeal. Any person who is adversely affected or aggrieved or who is entitled to written notice of the decision pursuant to Subsection 1307.09(C) of the Clackamas County Zoning and Development Ordinance may appeal this decision to the Clackamas County Land Use Hearings Officer by filing a written appeal. An appeal must include a completed Appeal Form and a $250.00 filing fee and must be received by the Planning and Zoning Division by the appeal deadline identified above.

Appeals may be submitted in person during office hours (8:00 am to 4:00 pm Monday through Thursday, closed Friday and holidays). Appeals may also be submitted by email or US mail.   

A person who is mailed written notice of this decision cannot appeal this decision directly to the Land Use Board of Appeals under ORS 197.830.

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.

Clackamas County is committed to providing meaningful access and will make reasonable accommodations, modifications, or provide translation, interpretation or other services upon request. Please contact us at 503-742-4545 or email DRenhard@clackamas.us.

Site Plan:

Parking Circulation:

Landscaping Plan:

Building Elevation:

Staff Recommendation: 

Staff recommends denial of the Conditional Use permit due to insufficient information in the applicant’s materials addressing ZDO Subsection 1203.03(D) regarding the impact of relocating the entrance of the parking area from SE Hull Avenue to SE Portland Avenue. Additionally, staff found the landscape plan to be out of compliance with the landscape strip requirement in ZDO Subsection 1009.06(C). Staff believes that application can be approved if additional evidence addressing both Subsection 1203.03(D) and Subsection 1009.06(C) is submitted prior to, or at the time of the hearing. 

If the Hearings Officer moves to approve the application, staff recommends the following Conditions of Approval: 

Recommended Conditions of Approval: 

The conditions listed are necessary to ensure that approval criteria for this land use permit are satisfied. Where a condition relates to a specific approval criterion, the code citation for that criterion follows in parentheses. At all times, the use shall be sited and conducted in compliance with these conditions of approval. Noncompliance may result in code enforcement action or revocation of this permit. 

1. Approval of this land use permit is based on the submitted written narrative and plan(s) filed with the County on February 4, 2026 and additional documents submitted on February 27, 2026, March 13, 2026, April 10, 2026, April 13, 2026, and April 22, 2026. No work shall occur under this permit other than which is specified within these documents, unless otherwise required or specified in the conditions below. It shall be the responsibility of the property owner(s) to comply with these documents and the limitation of any approval resulting from the decision described herein. 
2. The surfaces of metal exterior building materials that are subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and the surfaces of metal exterior building materials with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. [1005.03(E)]
3. The height of pole-mounted outdoor light fixtures shall not exceed 25 feet. At entrances, outdoor lighting shall be glare-free. Entrance lighting may not exceed a height of 12 feet and must be directed downward. [1005.04(A)] 
4. The proposed development is located within the service area of Oak Lodge Water Services for sanitary sewer, water and surfacewater and shall be subject to the Oak Lodge Rules and Regulations and Design and Construction Standards for applicable utilities.
   • Property owner or designee shall apply for a utility permit from OLWS for each tax lot.
   • Property owner or designee shall apply for an erosion and sediment control/surface water management permit from OLWS.
5. All frontage improvements in, or adjacent to Clackamas County right-of-way, or on-site, shall be in compliance with Clackamas County Roadway Standards.
6. The applicant shall grant an 8-foot wide public easement for sign, slope, and public utilities along the entire SE Hull Avenue right-of-way, consistent with Clackamas County Standards Drawing C110.
7. Drainage facilities for frontage improvements within the public right-of-way shall be designed and constructed in accordance with Clackamas County Roadway Standards Chapter 4, as modified by approved Design Modification RW026926. Coordination with Oak Lodge Water Services shall be required for stormwater management of on-site improvements, as applicable. 
8. All traffic control devices associated with the development, including those located on private property or within the public right-of-way, shall conform to the Manual on Uniform Traffic Control Devices and relevant Oregon supplements
9. The applicant shall provide and maintain minimum intersection sight distance of 280 feet at the driveway intersection with SE Portland Avenue, in accordance with Clackamas County Roadway Standards Section 240.
10. Primary Inspector:
    • The applicant shall enter into a Developer/Engineer Agreement for primary inspection services per Section 180 of the Clackamas County Roadway Standards.  This form will be provided to the applicant and shall be signed and returned to County Plans Reviewer.
    •  Prior to Certificate of occupancy, the applicant shall provide a Certificate of Compliance signed by the Engineer of Record stating all materials and improvements have been completed. 
11. Prior to issuance of a Building Permit: 
    • The applicant to shall submit plans showing sheltered entries, of at least 4ft, on the north and south façade.[1005.02(B)1]
    • The applicant must obtain a Development Permit from the Engineering Division for review and approval of frontage improvements and on-site access. The Permit shall be obtained prior to commencement of site work and issuance of a building permit. 
    • The applicant shall submit the following to the Clackamas County Engineering Office:
      • Written approval from the Clackamas Fire District #1 for the planned access, circulation, fire lanes and water source supply. The approval shall be in the form of site and utility plans stamped and signed by the Fire Marshal.
      • Written approval from Oak Lodge Water Services for adequate water supply source to serve the development. The approval shall be in the form of utility plans stamped and signed by the Water District representative.
      • Written approval from Oak Lodge Water Services for surface water management facilities, surface water detention facilities, and erosion control measures.
      • A set of street and site improvement construction plans in conformance with Clackamas County Roadway Standards Section 140, to Clackamas County's Engineering Office for review and obtain written approval, in the form of a Development Permit.
12. Prior to Certificate of Occupancy 
    • All required improvements shall be constructed and inspected, or financially guaranteed in the form of a performance bond. Performance bonds shall be in the amount of 125% of the approved engineer's cost estimate of the required improvements, and shall be accepted only when access has met minimum Substantial Completion requirements, per Clackamas County Roadway Standards Section 190.
    • All landscaping shall be installed in accordance with the approved landscaping plan. [1009]
    • The developer shall either submit a signed maintenance contract for the one-year period or provide a performance surety pursuant to Section 1311, Completion of Improvements, Sureties, and Maintenance, covering the landscape maintenance costs for the one-year period [1009.10(F)]
13. Prior Final Occupancy:
    • The applicant shall design and construct frontage improvements along the SE Hull Avenue frontage in accordance with the approved Design Modification (RW026925) and Clackamas County Roadway Standards. A detailed list of required improvements is included in the Engineering Advisory Notes. 
    • The applicant shall design and construct on-site parking and maneuvering areas as follows:
      • Adequate on-site circulation shall be provided for the parking and maneuvering of all vehicles anticipated to use the site. 
      • All parking and maneuvering areas shall be paved and constructed per Clackamas County Standard Drawing R100.
      • Parking spaces shall meet minimum dimensional requirements of ZDO Section 1015, and Clackamas County Standard Drawings P100 or P200, as applicable.  The plans shall list the number of parking spaces required and the number of parking spaces provided.
      • All curbs shall typically be type "C", or curb and gutter if curb line slope is less than one percent, if they carry, direct or channel surface water. Alternative curbs will be considered when it is determined by the Clackamas County Department of Transportation and Development that type “C” curbs or curb and gutter are not appropriate. Extruded curbs for carrying, directing or channeling surface water, or used as a vehicle wheel stop, shall not be allowed.
      • The applicant shall show the paths traced by the extremities of anticipated large vehicles (delivery trucks, fire apparatus, garbage and recycling trucks), including off-tracking, on the site plan to insure adequate turning radii are provided.
      • Fire access lanes shall be clearly identified and maintained. Where required, fire lanes shall be striped and signed “No Parking – Fire Lane” in accordance with Fire District requirements. 
14. Prior to issuance of a Development Permit and/or prior to issuance of a building permit for the trash enclosure, the applicant shall submit detailed enclosure plans that clearly outline a waste and recycling enclosure that meets the requirements specified in ZDO 1021. The applicant shall work with Clackamas County’s Sustainability & Solid Waste staff to finalize plans that comply with design standards.
15.  APPLICABLE APPROVAL CRITERIA

This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Section(s) 202, 702, 1000-series, 1203 and 1307. 

Public and Agency Comments

Notice was sent to applicable agencies and owners of property within 300 feet. Staff received comments from Clackamas County Development Engineering (Exhibit 11), Clackamas County Sustainability and Solid Waste (Exhibit 8), Oak Lodge Water Services (Exhibit 13), and two written comments from the public (Exhibit 9 and 10). Comments or issues raised related to relevant review criteria are addressed in this report.   

Findings

The findings below identify the standards and criteria that are relevant to this decision, state the facts relied upon in rendering the decision, and explain the justification for the recommendation.   

1. Background/Overview of Applicant’s Proposal:

   Candy Lane Elementary was first established in 1968 under a Conditional Use Permit, CU44-68. At the time of approval, the property was zoned R10. Following the construction of the school the site was rezoned OSM. Subsequent approvals on the site include an alteration of non-conforming use (Z0115-14-E) and Open Space Review (Z0116-14-OSR) for an expansion of the community garden in 2014, and a Conditional Use for the addition of four modular classrooms in 2022 (Z0124-22). 

   The project site is developed with the main Candy Lane Elementary School building, four modular classrooms, a modular restroom, a bus loop with limited parking, a parking area taking access off SE Hull Avenue and existing to SE Portland Avenue, a playground, a covered play area, an uncovered hardscaped play area, open space, and onsite walkways. 

   The applicant proposes to construct a 4,520 square foot cafeteria addition to the existing Candy Lane Elementary School, reconfiguration of the existing parking including driveway relocation, a new trash enclosure, relocation of the covered play area, new stormwater facilities, landscaping improvements, and street improvements along SE Hull Avenue. The proposed improvements are not anticipated to result in additional traffic. However, the relocation of the driveway entrance from SE Hull Avenue to SE Portland Avenue will have an impact on traffic patterns and the queueing during drop-off and pick-up at the school.

   The lot coverage of the proposed addition exceeds 25% of the original lot coverage approval precluding the development from being reviewed as a Modification to the original approval and requiting a new Conditional Use permit. Additionally, the relocation of the access requires Conditional Use review. 

2. ZDO Section 702, Open Space Management (OSM) District

   2A. Subsection 702.02, 702.03, and 702.05 Primary, Accessory, and Conditional Uses:

   Finding: The subject property is located in the OSM zoning district. The proposed use is an addition to a public school, which is a Conditional use in the zoning district “when associated with open space or recreational facilities”. 

   The Candy Lane Elementary School site includes outdoor play areas, covered play areas, and fields for recreation, some of which will be altered as a part of this application. None of the recreation facilities are proposed to be removed as a part of the application. "Public and private outdoor recreation facilities” are permitted as primary uses; play equipment and ball fields are included as examples of allowed primary uses in ZDO Section 702.03. Therefore, the school is on a property that has a recreational facility and is allowed with an approved conditional use permit. The applicants have successfully applied for a conditional use permit and, with approval, this standard is met. 

   2B. Subsection 702.02 Development Standards:

   Development in the OSM District is subject to the applicable provisions of Sections 1000, Development Standards, and 1100, Development Review Process. In addition, improvements shall comply with the following standards:

   1. Landscape the site to produce a setting appropriate to its function. 
   2. Provide an efficient internal circulation system and facilities layout plan. 
   3. Maximize access for pedestrians, bicyclists, transit riders, and people with disabilities in active recreation areas. 
   4. Provide conveniences for users with disabilities. 
   5. In the case of parks, conform to the classifications and standards in Comprehensive Plan Table 9-1. 
   6. Locate principal and accessory buildings a minimum of 10 feet from any lot in a residential zoning district. 
   7. Community and Design Plans: Development within a Community or Design Plan area identified in Chapter 10, Community Plans and Design Plans, of the Comprehensive Plan shall comply with the specific policies and standards for the adopted Community or Design Plan.

   Finding: Applicable standards of ZDO Section 1000 for institutional uses are provided in this report. Comprehensive Plan Map IV-6: North Urban Area Land Use Plan Map, identifies the project site as a Public and Community Use Open Space (PCU). However, the regulations of ZDO Section 1100 are not applicable, because the project does not have development impacting any of the open space resources described in ZDO Section 1011. 

   Staff incorporates the findings provided by the applicant in their submitted project narrative. There is not a minimum requirement for the percent of development site landscaping in the OSM zone. Instead, landscaping shall be designed appropriately for the function of the site. The landscape plan included on Sheet L7.12 of Exhibit 7 shows landscaping incorporated throughout the parking area, adjacent to the covered play area, and within stormwater facilities. The majority of the site will remain turf to support the play activities of students. Trees are planted along the frontage of SE Hull Avenue and SE Portland Avenue, buffering the parking area from offsite view and providing and attractive and inviting atmosphere. Trees are proposed for retention where possible. The proposed landscaping is appropriate for the function of the site. 

   The proposed internal circulation system is a critical component of the application. The applicant proposes to alter the parking area, which also serves as the drop-off and pick-up loop, to add additional parking and consolidate the access to SE Portland Avenue, removing the access from SE Hull Avenue. The provided narrative notes how the changes to the parking/drop-off and pick-up area, will increase the available area for the queueing of cars. Current site conditions include two parent drop-off/pick-up parking spaces, and allows for the queuing of seven cars onsite. The proposed reconfiguration includes the addition of seven drop-off/pick-up parking spaces and will allow for the queuing of nineteen vehicles on site. In addition to changes to the sites vehicles circulation, the site improvements include alterations to the onsite pedestrian walkway system. Walkways extend from the entrance of the school to the parking area, the play areas, and SE Hull Avenue which has sidewalks connecting to SE Portland Avenue, providing adequate and safe site circulation for pedestrians. The layout of facilities on the site efficiently serve the needs of students, parents, visitors, and employees of Candy Lane Elementary, which complies with the applicable standards in Section 1000. 

   702.06(C) requires developments to maximize access for pedestrians, bicyclists, transit riders, and people with disabilities in active recreation areas. The site is designed with pedestrian access in mind, as described above. Improvements along SE Hull Avenue will ensure convenient access for bicyclists and transit riders as well. Improvements to the site include a new ADA accessible soft-scape play structure for the convenient use of users with disability. The upgraded interconnected walkway system and improvements along SE Hull Avenue will be ADA compliant. ADA parking is provided on site as well. The site has been designed for equal access to users of all abilities, to the extent possible. 

   The proposed use is not a park and therefore not subject to the classifications and standards in Comprehensive Plan Table 9-1.

   702.06(F) requires the development to locate principal and accessory buildings a minimum of 10 feet from any lot in a residential zoning district. The school is surrounded on all sides by residentially zoned land. SE Portland Avenue separates the school from adjacent residential development to the south by more than 50’.  The cafeteria addition is setback over 100’ from SE Hull Avenue, providing sufficient separation from adjacent residential land. 

   The property is not within a Community Plan Area identified in Comprehensive Plan Chapter 10 are being met.

   These standards are met, or can be met with conditions.    

3. ZDO Section 1001, General Provisions

   Section 1001.03 and Table 1001-1 establishes the applicability of Section 1000 for Institutional uses. A school is an “institutional use”. Applicable sections are reviewed below. 

4. ZDO Section 1002, Protection of Natural Features 

   Section 1002 addresses the protection of various natural features including hillsides, the excessive removal of trees prior to development, the protection of trees and wooded areas through development, river and stream corridors, the winter ranges of deer and elk populations, certain open spaces near Mount Hood, significant natural areas, and significant landforms and vegetation.

   Finding: Staff incorporates the findings provided by the applicant. The site is generally flat and does not contain any slopes of 20% or greater. The subject property is within the Metropolitan Service District Boundary or the Portland Metropolitan Urban Growth Boundary and so the excessive tree removal standards apply. Staff has not seen any evidence that excessive tree removal has occurred on site in the last five years. The property is not within 100 feet of a resource identified on Comprehensive Plan Map X-MH-2. There are no designated Type F river and stream corridors on the subject property. The property is located outside of the deer and elk winter range, as identified on Comprehensive Plan Map III-2.  

   One tree is proposed for removal and two trees adjacent to construction are proposed for retention, as shown on Sheet L7.12 of Exhibit 7. Tree protection fencing is proposed for installation surrounding the two trees to be retained to provide protection during construction. 

   The standards of Section 1002, as applicable, are met.

5. ZDO Section 1003 and 1004,Hazards to Safety and Historic Preservation

   Section 1003 addresses various hazards to safety including flood, soils, fire, and mass movement areas. Section 1004 addresses standards related to historic preservation. 

   Finding: The property is not within a mass movement hazard area and does not include soil hazards, as identified on the State Department of Geology and Mineral Industries Bulletin 99 maps. The property is not within the flood hazard area and was not identified as an area of significant fire hazard on the repealed State wildfire maps (reference Senate Bill 83). As applicable, the standards are met.

6. ZDO Section 1005, Site and Building Design

   Section 1005 addresses the development of sites and design of buildings so as to efficiently utilize land, create lively, safe, and walkable centers, support the use of non-auto modes of transportation, reduce impact of development of natural features, utilize opportunities arising from a site’s configuration, design illumination so dark skies are maintained when possible and accommodate the needs of users of developments. It applies to institutional, commercial, and industrial development; multifamily dwellings; and developments of more than one, two- or three-family dwelling. 

   6A. Subsection 1005.02 – General Site Design Standards establishes standards for the sites of commercial, industrial, and multifamily developments and addresses standards for the placement and orientation of buildings, on-site pedestrian circulation, the placement and orientation of building entrances, and other use- and zone-specific standards. 

   Finding: Staff incorporates the findings made by the applicant in their written narrative. Subsections 1005.02(F) through 1005.02(F) are not applicable to the proposed development as the parking area is less than three acres, the development is not a new building, and the project site is within the OSM zoning district. Due to the fact the proposal is an addition to an existing building, meeting many of the building orientation standards within ZDO Subsection 1005.02 are not feasible. Constraints that hinder meeting the standards are addressed within the report findings and applicant’s narrative. No new buildings are proposed onsite. However, the existing buildings and proposed covered play area are clustered to the extent practical on the site. The existing school is not oriented such that the longest building elevation is within 20 degrees of true south. Aside from the requirement for all buildings to be at least 10’ from adjacent residentially zoned properties, there are no minimum or maximum setback requirements to meet.

   Proposed site improvements include modifications to the existing interconnected walkway system, as shown on Sheet C2.00 of Exhibit 7 and the applicants submitted Sidewalk Connectivity Plan included in Exhibit 7. A minimum of 5’ wide concrete walkways are proposed extending from the main school entrance to the proposed parking area, play areas, and the proposed sidewalk along SE Hull Avenue, which connects to the existing sidewalk along SE Portland Avenue. A walkway is also provided from the cafeteria to the play area and the rest of the interconnected walkway system. A raised crosswalk is proposed from the walkway to the parking in the center of the parking area for safe pedestrian crossing. All proposed walkways will be illuminated. 

   The project site is located within the UGB, and therefore Subsection 1005.02(E), which required that a minimum of 50% of the street from of a development is sited at the minimum front setback line, would typically apply. However, the OSM zoning district does not have a true “minimum setback”. Instead, buildings are required to be sited at least 10’ from adjacent residentially zoned properties. It would not be possible, or practical, to site the cafeteria 10’ from the adjacent residentially zoned parcels, therefore Subsection 1005.02(E) does not apply. 

   As applicable, the standards of Subsection 1005.02 are met. 

   6B. Subsection 1005.03 – Building Design provides standards for building facades, entrances roof design, exterior building materials, the screening of mechanical equipment, and other use- and zone-specific standards. 

   Finding: Staff incorporates the findings made by the applicant in their written narrative and concludes that the proposed design meets the standards of this subsection, as practical. The cafeteria addition does not include the primary entrance for the school, however will be visible from public ROW and therefore façade enhancement requirements apply. As noted in Finding 6A, staff has determined that Subsection 1005.02(E) does not apply to the addition of the cafeteria, therefore Subsection 1005.03(C) is also not applicable. While the applicant’s narrative claims that the requirements for building entries do not apply as no changes to main building entries are proposed, staff disagrees with that interpretation. The entries on the north and south portion of the addition will be used by students and staff regularly. Staff has consistently interpreted that Subsection 1005.03(B)1 applies to entries such as this. While the entries are clearly defined and highly visible, the submitted architectural plans do not show and overhang or architectural feature with a depth of at least four feet to shelter the doorways. No public entrances are proposed along the west façade. Staff recommends a condition of approval requiring the applicant to submit plans at the time of building permit showing sheltered entries on the north and south façade. 

   The proposed addition is designed to be complementary with the existing architecture of the school. Great care has been taken to ensure human scale design, with thoughtful placement of a variety of architectural treatments, enhancing both the design and functionally of the building. The façade includes a mix a materials including earth toned masonry with 4 inch blocks, larger ground face CMU blocks in two neutral shades of tan, metal wall panel in terracotta, and storefront style glazing with dark bronze frames. The smaller masonry blocks reflect the materials of the existing building incorporated with the larger CMU blocks for a visually interesting pattern The terracotta metal wall panels provides additional interest to the building design, which matches the existing building materials, tying the new and old portions of the school together harmoniously. Glazing breaks up the faced in strategic locations and will provide natural light to the interior of the structure. The neutral color pallet with terracotta accents blend seamlessly with the existing building and surrounding neighborhood. The roofline of the proposed building is flat. A parapet is proposed to break up the flat roofline and enhance the overall design. The proposed materials are of durable and high quality. The applicant’s architectural plans note the exposed masonry will be treated with graffiti restraint coating. A condition of approval requires that the surfaces of metal exterior building materials shall be coated to inhibit rust and corrosion. 

   The building and site have been designed to maximize safety including placing the building to limit the impact on the existing surveillance of school entryways, walkways, parking, and recreation areas. Landscaping is also designed to maximize surveillance. The submitted lighting plan demonstrates the site will be adequately illuminated to meet safety needs. 

   The applicant has request a modification to the requirement to screen rooftop mechanical equipment, addressed in Finding 6E. As conditioned, these standards can be met. 

   6C. Subsection 1005.04 – Outdoor Lighting provides standards to ensure that onsite lighting is compatible with the site and surrounding uses while preventing light trespass and pollution.

   Finding: The applicants submitted a photometric plan that includes footcandle information and light fixture details. The proposed light fixtures do not shine light skyward. The pole-mounted site lighting can be mounted at a maximum height of 25 feet. Entrance lighting may not exceed a height of 12 feet. The proposed plans suggest that these standards will be met. As conditioned, these standards can be met. 

   6D. Subsection 1005.05 – Additional Requirements requires projects to employ one additional design element per 20,000 square feet of site area. Regardless of site size, a minimum of one and a maximum of five techniques are required. 

   Finding: Section 1005.05 requires applicants to employ one “Additional Requirement” for every 20,000 square feet of site area. The site area is 265,027 square feet, therefore the maximum of five design elements are required. The applicant proposes to modulate the building masses to maximize solar access while avoiding winter shading of the south side and optimize summer shading on the west side of the building by siting the addition on the southwest corner of the school. Deciduous trees are proposed throughout the landscaped areas to provide summer shade and allow winter sun. The renovated outdoor spaces are sited on the south and west sides of the building. Clerestory windows are installed to provide ample natural lighting. The applicant proposes at least five design elements/techniques that are required. As described in the applicant’s narrative, the standard is met. 

   6E. Subsection 1005.06 – Modifications provides a path to modify the requirements of ZDO Subsection 1005.02 and 1005.03, provided the proposed modification will result in a development that achieves the purpose stated in ZDO Subsection 1005.01, as well or better than the listed requirement.  

   Finding: The applicant request a modification to the requirement to screen roof top mechanical equipment listed in Subsection 1005.03(J). Instead, the applicant proposed to paint the roof top mechanical equipment in a similar color as the building materials to reduce the visual impacts. The existing mechanical units are not screened. The applicant argues that screening the equipment would draw more attention to the rooftop and would be incompatible with existing building design. Additionally, given the distance between the ROW and the building the visibility of the equipment is minimal, as demonstrated on Sheet A321 of Exhibit 5. Staff agrees with the applicant’s justification for the proposed modification. This criteria is met. 

7. ZDO Section 1006, Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control

   Section 1006 addresses the provision of appropriate infrastructure for utilities, water supply, and sewage disposal, as well as the management of surface water and site erosion. 

   7A. Subsection 1006.01 General Standards. Except where otherwise prohibited by the utility district or company, utility service lines shall be installed underground. 

   Finding: The proposal demonstrates compliance with this subsection; all utility lines will be underground. Easements will be provided by the applicant if deemed necessary by the water, sewer and surface water management authorities. This standard is met. 

   7B. Subsection 1006.02 Street Lights. Street lights are required for all development inside the Portland Metropolitan Urban Growth Boundary (UGB).

   Finding: No new roads are proposed as a part of the development. There is an existing streetlight located at the intersection of SE Hull Avenue and SE Portland Road which will remain. This standard is met.

   7C. Subsection 1006.03 Water Supply. Development which has a need for, or will be provided with, public or community water service shall install water service facilities and grant necessary easements pursuant to the requirements of the district or company serving the development. Approval of a development that requires public or community water service shall be granted only if the applicant provides a preliminary statement of feasibility from the water system service provider.

   Finding: Oak Lodge Water Services is the water provider in this area. A signed preliminary statement of feasibility was provided by the applicant confirming that water service, including fire flows, is available in levels appropriate for the development and adequate water system capacity is available in source, supply, treatment, transmission, storage, and distribution, or such levels and capacity can be made available through improvements completed by the developer or the system owner. This criterion is met.

   7D. Subsection 1006.04 Sanitary Sewer Service. All development that has a need for sanitary sewers shall install the facilities pursuant to the requirements of the district or company serving the development. Approval of a development that requires sanitary sewer service shall be granted only if the applicant provides a preliminary statement of feasibility from the sanitary sewage treatment service provider and the collection system service provider.

   Finding: Oak Lodge Water Services is the sewer provider in this area. A signed preliminary statement of feasibility was provided by the applicant confirming that sanitary sewer capacity in the wastewater treatment system and the sanitary sewage collection system is available to serve the development or can be made available through improvements completed by the developer or the system owner. This criterion is met.

   7E. Subsection 1006.06 Surface Water Management. Positive drainage and adequate conveyance of surface water shall be provided from roofs, footings, foundations, and other impervious or near-impervious surfaces to an appropriate discharge point. Approval of a development shall be granted only if the applicant provides a preliminary statement of feasibility from the surface water management regulatory authority. The statement shall verify that adequate surface water management, treatment and conveyance is available to serve the development or can be made available through improvements completed by the developer or the system owner.

   Finding: Oak Lodge Water Services is the surface water management authority for onsite surface water management; a signed preliminary statement of feasibility was provided by the applicant confirming that adequate surface water management, treatment, and conveyance is available to serve the development or can be made available through improvements completed by the developer or the system owner with conditions. Clackamas County Development Engineering will review the stormwater management related to street improvements during Development Permit review. This criterion is met. 

8. ZDO Section 1007, Roads and Connectivity

   Section 1007 addresses road and connectivity requirements ensuring a safe and functioning transportation system. 

   Finding: The applicant proposes a Conditional Use application to modify the existing Candy Lane Elementary School, including construction of a new cafeteria building, reconfiguration of on-site parking and circulation, and associated site improvements. The proposal includes removal of the existing access from SE Hull Avenue and consolidation of parent pick-up and drop-off access to SE Portland Avenue.

   The proposed development consists primarily of site modifications, including construction of a new cafeteria building, playground improvements, and reconfiguration of on-site parking and circulation. Based on the information provided, the proposal is not anticipated to result in a significant increase in student enrollment or traffic generation beyond existing conditions. The proposed development is subject to the provisions of the Clackamas County Zoning and Development Ordinance (ZDO), including Section 1007 pertaining to roads and connectivity and Section 1015 pertaining to parking and loading, as well as the Clackamas County Roadway Standards, including Chapter 4, for surface water management.

   Consistent with ZDO Section 1007, development applications are required to bring adjacent roadway frontage up to current standards through frontage improvements, as applicable. The project site includes frontage along SE Hull Avenue and SE Portland Avenue, both classified as local roadways. SE Hull Avenue is currently unimproved along the site frontage, lacking curb, sidewalk, and associated frontage improvements. SE Portland Avenue is improved with curb and sidewalk along the site frontage. Frontage improvements along SE Hull Avenue is required as part of the proposed development. No additional frontage improvements are required along SE Portland Avenue. The applicants submitted materials show proposed improvements along SE Hull Avenue. 

   A Design Modification (RW026925), approved by Clackamas County, modifies the applicable roadway standards for the SE Hull Avenue frontage. The approved modification allows the existing 50-foot right-of-way width to be maintained in lieu of additional right-of-way dedication and adjusts standard frontage improvements, including removal of the landscape strip, construction of a 5-foot sidewalk, omission of stormwater management within the frontage, and installation of a single ADA curb ramp at the SE Hull Avenue and SE Portland Avenue intersection. 

   The applicant has proposed these modifications due to existing right-of-way constraints and roadway alignment. Pursuant to Section 170 of the Clackamas County Roadway Standards, modifications may be approved where strict application of the standards is impractical and where the proposed design provides comparable public benefit. In this case, strict application of the standard cross-section would reduce the effective roadway width below what is practical for school-related traffic and would require modification of the on-site parking layout and circulation system, which is constrained by fire access requirements and site geometry. The proposed design maintains adequate vehicular circulation, provides pedestrian connectivity via a continuous sidewalk, and aligns with existing improvements along SE Portland Avenue. The absence of a landscape strip minimizes encroachment into the traveled way while maintaining pedestrian access. The single ADA curb ramp aligns with the existing ramp on the opposite side of SE Portland Avenue, providing a functional and connected pedestrian crossing. The proposal provides a public benefit by introducing pedestrian facilities where none currently exist while accommodating site constraints and school operations.

   Clackamas County Roadway Standards Drawing C110 requires an 8-foot wide public easement for sign, slope, and utilities along the SE Hull Avenue frontage. 

   The school site is currently developed with on-site parking, a parent pick-up and drop-off area, and a separate on-site circulation loop for school bus operations. The proposal removes the existing access from SE Hull Avenue and consolidates all vehicular access to SE Portland Avenue. The proposed improvements primarily affect the parent pick-up and drop-off area and associated parking, while the existing bus circulation loop will remain in place.

   Based on the information provided, the proposed development is not anticipated to result in a significant increase in student enrollment or overall traffic generation beyond existing conditions. The proposed parking lot reconfiguration and modest increase in on-site parking, along with the relocated access on SE Portland Avenue, will increase the available internal circulation length and provide additional on-site queueing capacity. The improved internal configuration allows vehicles to queue within the site more effectively and reduces the potential for vehicle stacking within the public right-of-way.

   SE Portland Avenue is a low-volume, dead-end local roadway serving adjacent residential properties. Engineering staff finds that the roadway and internal site circulation will continue to operate adequately to serve the proposed development and satisfy the requirements of ZDO Section 1007.07.

   The proposed development removes the existing access from SE Hull Avenue and consolidates site access to SE Portland Avenue, a local roadway. The proposed access is shifted west of the existing intersection with SE Hull Avenue, increasing separation from the intersection and improving overall access spacing. Clackamas County Roadway Standards Section 220 establishes access spacing standards for local roadways within the Urban Growth Boundary. The proposed access location meets applicable spacing requirements. Based on the above, the proposed access location is consistent with the access management and spacing requirements of ZDO Section 1007 and the Clackamas County Roadway Standards. 

   Clackamas County Roadway Standards Section 240 requires access points to meet minimum intersection sight distance standards based on roadway classification and design speed. The proposed access location provides adequate intersection sight distance in both directions along SE Portland Avenue, as demonstrated on the submitted site plan. The site frontage is relatively flat and free of significant visual obstructions, allowing for clear visibility between vehicles entering and traveling along SE Portland Avenue. Based on the above, the proposed access location appears to meet applicable intersection sight distance requirements of the Clackamas County Roadway Standards.

   Access is proposed from SE Portland Avenue with a driveway. A minimum 28-foot-wide paved driveway approach is required. The applicant is proposing a 32-foot-wide driveway, which meets the minimum standard. Beyond the paved approach, on-site access, parking, and circulation areas require a paved surface in accordance with ZDO Section 1015.01(A).

   As part of the Development Permit for this project, the applicant will be required to identify intended vehicle dimensions and turning radii, and to verify adequate on-site maneuvering. Parking spaces will be required to meet the minimum dimensional requirements of ZDO Section 1015 and Clackamas County Roadway Standards Drawings P100 and P200. Based on a review of the submitted plans, the development appears to comply with the maneuvering requirements. 

   The project site is located within the Oak Lodge Water Services District. The stormwater management plan for the proposed site improvements will require approval from the Oak Lodge Water Services District.

   With conditions, these standards can be met. 

9. ZDO Section 1009, Landscaping

   The Section 1009 seeks to ensure that sites are design with appropriately selected, designed, installed, and maintained landscape materials and that landscaped areas are used for appropriate purposes. 

   Finding:  There is no minimum required amount of landscaped area for properties in the OSM district. Instead, Section 702.06 requires the applicant to “landscape the site to produce a setting appropriate to its function.” As explained earlier in this report, and in the applicant’s submitted narrative, the proposed landscaping meets this criterion. 

   The applicant’s landscape plan is included on Sheet L7.12 of Exhibit 7. The proposed plantings are a mix of native and non-native species. A variety of plants are propose including evergreen and deciduous; trees shrubs, and groundcover; plants of varying texture; plants of varying widths and heights at maturity; and plants with seasonal color interests, meeting the variety standards include din ZDO Subsection 1009.01(B). 

   A minimum of one tree located every eight interior parking spaces, and 25 square feet of landscaping per interior parking space is required. Only nine of the provided parking spaces would be considered interior. 225 square feet of interior landscaping is required. The applicant exceeds the minimum requirement significantly. Two trees are provided in the landscape areas adjacent to the interior parking spaces, as is required. The two trees are proposed on the north side of the interior parking and a parking lot swale is proposed to the south which does not meet the locational/tree frequency requirements as intended by the ZDO. Where necessary to accommodate other design considerations, variable spacing of the trees required by Subsection 1009.03(A)(4) is allowed, but in no case shall there be less than one tree planted in every 12 parking spaces. This requirement is met.

   

   Trees provided along the perimeter of the property will be used as additional screening for any portion of the waste enclosure visible from offsite. 

   The applicant proposes a landscape strip of less than the minimum required 5-foot wide landscape strip along both the SE Hull Avenue and SE Portland Avenue frontage. The submitted materials do not include measurements, however, staff estimates the strip is just over 3-foot wide along both frontages. The applicant’s narrative claims that the development is not required to meet this standard, however, staff disagrees with this interpretation. Subsection 1009.06(C)2 allows for landscape strips to be reduced if necessary due to setback constraints and the need to accommodate required walkways or pedestrian amenities. The applicant did not included evidence in the submitted narrative addressing this exception. Further, staff is concerned that the landscape strips will not have sufficient space to accommodate the proposed street trees due to the reduced width. Aside from the requirements of ZDO Subsection 1009.06(C) these standards are met. Staff finds that all standards can be met if additional evidence is submitted prior to the hearing.   

10. ZDO Section 1010,Signs

    The provisions of section 1010 are intended to maintain a safe and pleasing environment for the people of Clackamas County by regulating the size, height, number, location, type, structure, design, lighting, and maintenance of signs. 

    Finding: No signs are proposed as a part of this application. ZDO Section 1010 is not applicable.

11. ZDO Section 1015,Parking and Loading

    Section 1015 is designed to ensure that developments in Clackamas County provide sufficient and properly designed parking for motor vehicles and bicycles as well as appropriate off-street loading areas.

    Finding: The Climate Friendly and Equitable Communities (CFEC) rules are in effect pursuant to OAR 660, Division 12. Per OAR 660-012-0450, a minimum number of off-street vehicular parking spaces cannot be required for any development that is within the Urban Growth Boundary (UGB) and is served by and urban water and sanitary service. The property is eligible to follow the CFEC rules; therefore, no minimum vehicle parking is required. However, since the applicant is electing to provide new vehicle parking spaces, the dimensional standards of this subsection apply.  Applicant’s materials demonstrate that the dimensional standards have been met. 

    1015-3, Minimum Required Bicycle Parking Spaces; and 1015-4, Minimum Required Off-Street Loading Berths do not apply because no additional classrooms will be added within the addition. 

    These standards are met. 

12. ZDO Section 1021,Solid Waste and Recyclable Material Collection

    Section 1021 applies to multifamily dwellings, and institutional, commercial, and industrial developments. It provides standards for the design, placement, and accessibility of trash enclosures. 

    Finding: The applicant has proposed a new, 21’4”W x 9’4”D x 6’H CMU trash enclosure set on a 4+in thick Portland Cement concrete pad at ground level and designed to discharge surface water runoff to avoid ponding. It is proposed to house two 4yd dumpsters (one each for trash and recycling) and food waste bins. The receptacles would be serviced in the drive aisle via a ramp. Additional detail is needed to illustrate the proposed enclosure complies with ZDO Subsections 1021.04, 1221.05, 1021.06, and 1021.07, including the receptacle footprints and gate details with the swing and restrainers, spacing details, the slope of the ramp, and any signs. The trash and recycling enclosure is addressed in the submitted narrative, but without detailed plans, it is unclear that the proposed enclosure satisfies all elements for the proposed uses.

    The Clackamas County Sustainability division reviewed the submitted plans and determined that, although minor details were missing from the submittal, the proposal demonstrates that the standards of this section can be met with conditions or if additional information is submitted prior to the Hearing. As conditioned, this section can be met. 

13. ZDO Section 1203, Conditional Uses

    1203.02: Submittal Requirements

    This application includes a completed land use application form, site plan, application fee and completed supplemental application addressing the criteria in ZDO Section 1203. The application also includes a description of the proposed use and vicinity map. All the submittal requirements under Subsection 1203.02 are included in the application. The application was submitted on February 4, 2026 and application was deemed complete on February 27, 2026. 

    1203.03(A): The use is listed as a conditional use in the zoning district in which the subject property is located.

    13A. Finding: The subject property is located in the OSM zoning district. The proposed use is the addition of a cafeteria, improvements to outdoor recreation spaces, modifications to the parking area and access and other associated site improvements, which is a Conditional use in the zoning district “when associated with open space or recreational facilities”. 

    The Candy Lane Elementary School site includes outdoor play areas, covered play areas, and fields for recreation, some of which will be altered as a part of this application. None of the recreation facilities are proposed to be removed as a part of the application. "Public and private outdoor recreation facilities” are permitted as primary uses; play equipment and ball fields are included as examples of allowed primary uses in ZDO Section 702.03. Therefore, the school is on a property that has a recreational facility and is allowed with an approved conditional use permit. This standard is met. 

    1203.03(B): The characteristics of the subject property are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features.

    13B. Finding: The proposed cafeteria addition, and improvements to the outdoor recreation area are suitable for the site. The school and its associated uses were established in the late 1960s. Schools are often integrated within residential neighborhoods, allowing for convenient access and community connection. There is ample space to provide for the expansion onsite. As described in the above findings, the location of the addition was carefully considered to ensure for optimal functioning on the site. When considering the characteristics of the subject property, staff finds that this criterion is met.

    1203.03(C): The proposed use is consistent with Subsection 1007.07, and safety of the transportation system is adequate to serve the proposed use.

    13C. Finding: Clackamas County Development Engineering staff reviewed the proposal for compliance with 1007.07 and determined that the transportation system is adequate to support the proposed use. While traffic patterns are changing, no additional traffic is expected as a result of the addition. This criterion is met.

    1203.03(D): The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs or precludes the use of surrounding properties for the primary uses allowed in the zoning district(s) in which surrounding properties are located.

    13D. Finding: Staff incorporates the findings provided by the applicant. The area surrounding the subject property is majority Low-Density Urban Residential. Adjacent land uses to the northeast, northwest, and southwest include single family residential. A Church is located to the southeast, within the City of Gladstone. Evidence has not be presented that the expansion of the cafeteria and other minor site improvements will substantially limit, impair or preclude the use of the surrounding properties for their primary use. Candy Lane Elementary School has been operating since 1969, in harmony with the surrounding land uses. The development will not include additional classrooms, and therefore increased traffic is not anticipated. Aside from temporary impacts from construction, no new noise-generating features are proposed. Staff agrees with the submitted narrative regarding the impact of the cafeteria expansion and continuation of the existing use. 

    Staff received several calls and submitted comments, included as Exhibits 9 and 10, from concerned neighbors regarding the proposed changes to the access of the site. The submitted comments note that they are generally in support of the project, aside from the potential impact of traffic pattern changes. Specifically, the commenters are concerned about the impact of consolidating the parking area/drop-off and pick-up access to SE Portland Avenue. 

    Currently, the parking area entrance is located on SE Hull Avenue and the exit is located on SE Portland Avenue. The proposed updates to the parking area and access will remove the entrance from SE Hull Avenue and relocate the entrance to SE Portland Avenue. With the new design both vehicles entering the site and leaving the site will be taking access via SE Portland Avenue, which is a dead end street. The submitted comments note traffic congestion is already an issue for residents of SE Portland Avenue during drop-off and pick-up. There is concern that increased traffic and congestion could result in increased conflict between pedestrians and vehicles, along with other safety issues, as well as impair residents’ ability to freely leave and return to their homes as necessary. One comment notes that while SE Portland Avenue is a dead end, there is a bicycle only access connecting SE Jennings Rd to SE Portland Avenue. The commenter is concerned that additional traffic could create conflict with bicyclists. Comments reference a potential pinpoint due to the stormwater swales. Additional concerns were raised by the fact a Traffic Impact Study (TIS) was not included with the application. Staff notes that a TIS is not required, however, could be helpful to better understand the impact of the increased traffic. No improvements are proposed for the frontage of SE Portland Avenue. Submitted comments note their concerns that the road is not adequately sized to accommodate the additional traffic without improvements, and that the existing infrastructure is old and in need of repair.  In summary, the comments submitted by the public are requesting denial due to the potential for the project to alter the character of the area, and impair the primary residential use of the properties located along SE Portland Avenue. 

    The provided narrative notes how the changes to the parking/drop-off and pick-up area, will increase the available area for the queueing of cars. Current site conditions include two parent drop-off/pick-up parking spaces, and allows for the queuing of seven cars onsite. The proposed reconfiguration includes the addition of seven drop-off/pick-up parking spaces and will allow for the queuing of nineteen vehicles on site for a total of 26 vehicles. The applicant’s materials state that the access changes are intended to resolve queueing issues along SE Hull Avenue. The proposed modifications remove vehicles from SE Hull Avenue, potentially improving traffic flow along the road. The applicant submitted a “Queuing Evaluation” completed by a licensed engineer from AKS Engineering & Forestry, LLC on April 22, 2026. Staff was unable to review and incorporate the findings of the study into the staff report. The study is included as Exhibit 12 and will be addressed as a part of staff presentation and the hearing. It is possible the submitted study addresses some or all of the concerns referenced in the submitted comments and staff analysis.  

    While the materials provided by the applicant, prior to April 22, 2026, address the issue of queuing vehicles, staff is unable to determine whether the relocation of the access will alter the character of the surrounding area in a manner that substantially limits, impairs or precludes the use of surrounding properties for the primary uses allowed in the zoning district. Staff’s primary concern is the potential for traffic to block the residents of SE Portland Avenue from either accessing their home or leaving their home due to increased congestion. 

    Additional evidence that would support a recommendation for approval may include a TIS, information on the number of vehicles during drop-off and pick-up, the typical duration of drop off and pick up, and/or a plan for the facilitation of safe traffic flow (use of crossing guards, flaggers, etc.). Staff believes that the access relocation could be approval with additional evidence.  However, the applicant has not provided sufficient evidence that the relocation of the parking area’s access will not impair the primary use of the residential properties located along SE Portland Avenue. 

    1203.03(E): The proposed use is consistent with the applicable goals and policies of the Comprehensive Plan.

    13E. Finding: Staff has reviewed this proposal relating to the Comprehensive Plan and finds the goals and policies from Chapter 4: Land Use, Chapter 5: Transportation, and Chapter 7: Public Facilities and Services. The project has been reviewed to ensure compliance with Chapter 5 of the Comprehensive Plan, with particular interest in ensuring that the County Roadway Standards are met. The applicant’s addresses Chapter 4 as follows:

    This proposal consists of a conditional use permit that includes findings to site-related criteria. This ensures that the proposed improvements to Candy Lane Elementary, which is in the OSM zoning district, are evaluated for compliance in accordance with this policy.

    The applicant’s narrative addresses Chapter 7 as follows:

    The applicant for this proposal is the Oregon City School District, who is attempting to make changes that will improve the existing school facilities for students. The proposal is consistent with Chapter 7 as it supports school facilities as a focal point of community activity by providing better on-site services for students and visitors. The proposal will encourage the maximum use of the existing school facility.

    Chapter 5 is address in the findings related to ZDO Section 1007. 

     This criterion is met.

    1203.03(F): The proposed use complies with any applicable requirements of the zoning district and overlay zoning district(s) in which the subject property is located, and Section 1000 Development Standards.

    13F. Finding: Staff reviewed compliance with ZDO Section 1000, as applicable. The findings are included in this staff report. 

Advisory Notes

Development Engineering: 

1. Development Permit is required from the Engineering Division for review and approval of frontage improvements and on-site access. The Permit shall be obtained prior to commencement of site work and issuance of a building permit. To obtain the permit, the applicant shall submit construction plans prepared and stamped by an Engineer registered in the State of Oregon, or plans acceptable to the Engineering Division, and pay a plan review and inspection fee. The fee will be calculated as a percentage of the construction costs if it exceeds the minimum permit fee. The minimum fee and the percentage will be determined by the current fee structure at the time of the Development Permit application.
2. Prior to final occupancy, the applicant shall design and construct frontage improvements along the SE Hull Avenue frontage in accordance with the approved Design Modification (RW026925) and Clackamas County Roadway Standards. These improvements shall consist of the following:
   1. A one half-street pavement width of 16 feet, measured from the centerline of the right-of-way. The structural section for SE Hull Avenue improvements shall be in accordance with Clackamas County Standard Drawing C100 for an urban local roadway.  An overlay, grind and inlay or full depth reconstruction shall be based on Clackamas County Roadway Standards Section 225.5.
   2. The half street improvement design shall include cross sections every 25 feet per Clackamas County Roadway Standards Section 250.7.5. The design shall demonstrate that the new curb line and cross slope to the existing centerline allow for construction of a curb on the opposite side of the road with cross slopes that meet minimum standards.
   3. Standard curb, or curb and gutter if curbline slope is less than one percent, constructed per Clackamas County Standard Drawing S100/S150.   
   4. A minimum 5-foot-wide unobstructed sidewalk shall be constructed along the site frontage in accordance with Clackamas County Standard Drawing S960.
   5. A single ADA curb ramp shall be constructed at the SE Hull Avenue and SE Portland Avenue intersection, aligned with the existing ramp on the opposite side of the street. 
   6. Where the on-site ADA walkways intersect the public sidewalk, a minimum 5-foot by 5-foot landing shall be provided. 
   7. The existing driveway approach on SE Hull Avenue shall be reconstructed to include a pedestrian crossing in accordance with Clackamas County Standard Drawing D675.
   8. A minimum 28-foot wide concrete driveway approach shall be constructed from SE Portland Avenue in accordance with Clackamas County Standard Drawing D675.
   9. Retaining walls and other structures shall be located outside of the public right-of-way to the maximum extent practicable. Where placement within the public right-of-way cannot be avoided, the applicant shall obtain a Revocable Encroachment Permit from Clackamas County prior to construction.

Oak Lodge Water Services: 

1. General:
   • The proposed development is located within the service area of Oak Lodge Water Services for sanitary sewer, water and surfacewater and shall be subject to the Oak Lodge Rules and Regulations and Design and Construction Standards for applicable utilities.
   • The application will be reviewed by the rules, regulations and design and construction standards in effect on the date of complete application to OLWS; not Land Use application.
   • Property owner or designee shall apply for a utility permit from OLWS for each tax lot. 
   • Property owner or designee shall apply for an erosion and sediment control/surface water management permit from OLWS.
   • All fees and charges shall be paid before the permits are issued or plat approval. All costs associated with the design, construction and testing of any applicable utility shall be proved by and at the sole expense of the owner and performed prior to plat approval. 
2. Water and Sewer:
   • Each tax lot shall have separate water and sewer connections to the public systems.
   • No additional domestic water services are proposed as part of the development. Existing lines are proposed to be reused. Meter and service line size will be assessed by OLWS during permit review. A new fire suppression line is proposed. 
   • A water service backflow device for fire supply shall be required and inspected by Oak Lodge. 
   • Sanitary sewer and/or water SDCs will be assessed 
   • Utilities exist to serve the property. OLWS does not require any public utility extensions.
3. Erosion Control and Storm:
   • Oak Lodge records indicate that there is a storm sewer line in Hull Avenue. Any public stormwater utility installations or upgrades or connections are authorized by the utility owner which is Clackamas County. 
   • Property owner shall be responsible for the maintenance of any stormwater facilities constructed on private property. OLWS does not review, approve, or inspect stormwater facilities constructed in the public right-of-way. A maintenance agreement will be required to be recorded against the property. 
   • Stormwater treatment including water quality and detention is required. All water for all new or altered impervious surfaces on private property is to be captured and treated. Stormwater causes by public right-of-way improvements must be captured and treated per Clackamas County requirements. OLWS does not approve or inspect public treatment facilities. Per OLWS MS4 permit, open vegetated systems are required unless they are unfeasible. A written request to use UIC facilities is required prior to approval from OLWS. 

Actions

X Closed Hearing:

X Left the Record Open:

• Record left open 1 week(s), until 4:00 p.m. on May 7, 2026 for anyone to submit additional written evidence, argument, or testimony;
• Record left open an additional 1 week(s), until 4:00 p.m. on May 14, 2026 for any participant to respond to new evidence submitted during the prior open-record period; and
• Record left open an additional 1 week(s), until 4:00 p.m. on May 21, 2026 for the applicant to submit final written argument in support of the application.
• Decision expected within 5 weeks.