Hearings Officer: Z0023-26 - May 28, 2026

Notice

File Number:  Z0023-26

Appellant/applicant:   Jim McCartan/Nathaniel Torj

Property Owner:  Sustainable Housing LLC

Proposal:  Appeal of a time extension for a 12-lot subdivision.

Planning Director’s Initial Decision:  Approved

Applicable Zoning and Development Ordinance and Comprehensive Plan Criteria:  Zoning and Development Ordinance Sections 315, 1105, 1307, and 1310. These criteria may be viewed online.

Site Address and/or Location:  16305 SE Oatfield Road, Milwaukie, 97267

Assessor’s Map:  T2S, R2E, Section 07CD, Tax Lot(s)  6400, W.M.

Property Size:  Approximately 2.63 acres

Zoning:  R 8.5

How to obtain additional information

Staff Contact: Lindsey Nesbitt; 503-742-4505 or lnesbitt@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: Oak Grove Community Council, Contact: Joseph Edge (503) 974-6422, land-use@oakgrovecpo.org.

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 prior to the close 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 Decision

NOTICE OF DECISION ON A TYPE II LAND USE PERMIT

Decision: Approved with Conditions

Permit Type: Time Extension  
File No. Z0023-26
Proposal: Time Extension of Z0334-21
Decision Date: March 26, 2026
Deadline for Filing Appeal: April 7, 2026, at 4:00 pm 
Issued By : Lindsey Nesbitt, Planning Manager, LNesbitt@clackamas.us 
Assessor’s Map & Tax Lot(s): T2S R2E Section 07 Tax Lot 06400
Site Address: 16305 SE Oatfield Road, Milwaukie, 97267
Applicant: Jim McCartan / Sustainable Housing LLC. 
Owner of Property: Sustainable Housing LLC
Zoning: R-8.5

Community Planning Organization (CPO) for Area: 
OAK GROVE COM COUNCIL
JOSEPH EDGE (503) 974-6422
land-use@OAKGROVECPO.ORG

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 the Community Involvement Office at 503-655-8552. 

OPPORTUNITY TO REVIEW THE RECORD: The submitted application is available for review online at https://aca-prod.accela.com/clackamas/Default.aspx. 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. The complete application file is available for inspection at no cost by contacting the Planner listed on the first page of this decision. Copies of all documents 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.
APPEAL RIGHTS: Any party disagreeing with this decision, or the conditions of approval, may appeal this decision to the Clackamas County Land Use Hearings Officer. An appeal must include a completed County Appeal Form and a $250.00 filing fee and must be received by the Planning and Zoning Division by the appeal deadline identified on the first page of this decision.
Please check https://www.clackamas.us/planning for our current hours of in-office operation.  Appeals may be submitted in person during office hours.  Appeals may also be submitted by email or US mail.   
The County Appeal Form is available at www.clackamas.us/planning/supplemental.html. Any party or parties appealing this decision may withdraw their appeal at any time prior to the hearing or final decision by the Hearings Officer.  A party wishing to maintain individual appeal rights may file an individual appeal and pay the $250.00 fee, even if an appeal by another party or parties has been filed.
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.

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.
503-742-4545:¿Traducción e interpretación? |Требуется ли вам устный или письменный перевод?翻译或口译？| Cấn Biên dịch hoặc Phiên dịch? | 번역 또는 통역?

CONDITIONS OF APPROVAL

1. 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 Approval of this land use permit is based on the submitted written narrative and plan(s) filed with the County on January 22, 2026 and all elements of the previously issued land use decisions (Z0334-21) including conditions of approval. 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 this document(s) and the limitation of any approval resulting from the decision described herein.
2. This Decision authorizes a two-year time extension from the original effective date of land use permit no. Z0334-21 (New Approval Period expires March 26, 2028).

APPLICABLE APPROVAL CRITERIA: 
This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Section(s) 315, 1307, 1370, 1105, and 1310. 

PUBLIC AND AGENCY COMMENTS:
Notice was sent to applicable agencies and owners of property within 300 feet.  No comments were received.

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.

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 decision.

1. PROJECT OVERVIEW: The applicant is requesting an extension to the time limit set forth in file Z0334-26. The applicant requests more time finish completing the required conditions of approval for this 12-lot subdivision.
2. ZDO Section 1301.01(A) – Type II Time Extensions
   1. The time extension application shall be submitted prior to, but not sooner than one year prior to, the expiration of the initial approval period for the land use permit. However, if the land use permit was modified pursuant to Section 1309, Modification, the application for a time extension shall be submitted prior to, but not sooner than one year prior to, the expiration of the approval period for the modification;
      
      Finding: The original land use decision expired on January 24, 2026.  This land use application was submitted on January 22, 2026. There have been no requests to modify the original land use approval pursuant to ZDO Sec. 1309. This criterion is met.
   2. The proposed development as originally approved, or as modified pursuant to Section 1309, Modification, shall be consistent with the relevant provisions of this ordinance in effect on the date the application for a time extension is submitted, provided that the application is complete when submitted or is made complete pursuant to subsection 1307.07(E)(4)
      
      Finding: The standards subdivisions set forth in ZDO Sec. 1105, dimensional standards in ZDO Sec. 315, Density standards in ZDO Sec. 1012, and all other sections of the 1000s have not changed substantially. In particular, Minimum lot size, minimum and maximum density standards, and subdivision standards have not been changed in any way that would render the proposed lot configuration with Z0334-21 out of compliance with the County ZDO. This criteria is met. These criteria are met.
   3. There shall have been no changes on the subject property or in the surrounding area that would be cause for reconsideration of the original decision 
      
      Finding: Staff has not identified any changes to the subject property or the immediate vicinity. There has been a subdivision approved, north of the subject property, known as Fawn Meadows. However, since there is no definition of “surrounding area,” or “clear and objective” criteria to evaluate “cause for reconsideration,” and since there are have been no objections raised by any County Divisions, or outside agencies, staff finds that there is no need to reconsider the original decision. This criteria is met.

ADVISORY NOTES

Advisory notes are not a part of the decision on this land use permit. The items listed below are not conditions of land use approval and are not subject to appeal. They are advisory and informational only but may represent requirements of other agencies/departments. As such, they may be required by these other agencies/departments in order to complete your proposed development. 
No Advisory notes to provide.