Hearings Officer: Z0519-25 - July 23, 2026

Notice

 Applicant:   Christ the Vine Lutheran Church (Contact: Richard Beals)

Property Owner:  Christ the Vine Lutheran Church (Contact: Galen Breckenridge) 

Proposal: Conditional Use for the placement of two modular buildings on tax lot 00701 to be used as four Kindergarten through Grade 5 classrooms and associated site improvements including landscaping, walkways, a fire access turn around, and stormwater mitigation.

Applicable Zoning and Development Ordinance Criteria:  Sections 202, 316, 1001, 1002, 1003, 1005, 1006, 1007, 1009, 1015, 1021, 1203, and 1307. These criteria may be viewed online.

Site Address: 18677 SE HWY 212, Damascus, 97089 

Assessor’s Map:  TS2, RE3, Section 08B, Tax Lots 00700, 00701, and 00707, W.M.

Property Size:  6.51 Acres 

Zoning:  Rural Area Residential 2-Acre (RA-2) and Rural Residential Farm Forest 5-Acre (RRFF-5)

How to obtain additional information

Staff Contact: Georgia McAlister, Senior Planner; 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: Damascus – Inactive .

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 July 13, 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. Z0519-26

Applicant's Proposal: Conditional Use for the placement of two modular buildings on tax lot 00701 to be used as four Kindergarten through Grade 5 classrooms and associated site improvements including landscaping, walkways, a fire access turn around, and stormwater mitigation.

Staff Recommendation: Approval with Conditions

Date of Staff Report: July 16, 2026

Date of Hearing: July 23, 2026

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

Applicant: Christ the Vine Lutheran Church (Contact: Richard Beals)

Owner of Property: Christ the Vine Lutheran Church (Contact: Galen Breckenridge)

Zoning: Rural Area Residential 2-Acre (RA-2) and Rural Residential Farm Forest 5-Acre (RRFF-5)

Assessor's Map & Tax Lot(s): T2S R3E Section 08B, Tax Lots 00700, 00701, and 00707

Site Address: 18677 SE HWY 212, Damascus, 97089

Community Planning Organization (CPO) for Area: Damascus (Inactive)

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 at https://aca-prod.accela.com/CLACKAMAS. 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 available at www.clackamas.us/planning/supplemental.html 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.

STAFF RECOMMENDATION:

Staff recommends Approval with Conditions.

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 December 24, 2026 and additional documents submitted on June 2, 2026, June 9, 2026, June 10, 2026, and June 30, 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 applicant shall install signs in the parking area reserving the required twelve parking spaces for school use only during school hours. [1015.02]

5. Any frontage improvements in, or adjacent to Clackamas County right-of-way, or on-site, shall be in compliance with Clackamas County Roadway Standards.

6. Prior to issuance of a Building Permit:

* The applicant to shall submit plans showing the twelve required bicycle parking spaces. [1015.03]

* The applicant is required to confirm with Clackamas County Service District No. 5 Street Lighting if street lighting will be required and provide evidence to the Planning Department. [1006.02]

* A septic permit approving the applicant's onsite wastewater treatment plan/system is required prior to the issuance of building permits for the placement of the modular school units. [1006.05]

* The applicant shall submit the following to the Clackamas County Engineering Office:

o 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.

* 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.[1021]

7. 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)]

8. APPLICABLE APPROVAL CRITERIA

This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Section(s) 202, 316, 1000-series, 1203 and 1307.

PUBLIC AND AGENCY COMMENTS

Notice was sent to applicable agencies and owners of property within 2,640 feet. Staff received comments from Clackamas County Septic Department (Exhibit 9), Clackamas County Sustainability and Solid Waste (Exhibit 11), and The Oregon Department of Transportation (Exhibit 12). The Planning Department is awaiting comment from the Clackamas Department of Engineering. No public comments were received. 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:

Christ the Vine Church was established in 1977 under a Conditional Use Permit, CU-14-77. The original approval permitted a 6,000 square foot church facility with a sanctuary, social hall, Sunday school classrooms, and associated parking. Following the original, approval a series of Conditional Use permits were approved expanding the church campus and approved uses on the site. The subsequent Conditional Use permits are listed below:

* 908-82-C – Conditional Use approval for the construction of a multipurpose classroom and dining building addition to the church.

* 601-85-C – Conditional Use approval for the use of an existing classroom for conducting parochial preschool for up to twenty-eight students and two teaches.

* Z0291-99-C – Conditional Use approval for a three-phase expansion of church worship space, classroom facilities, and associated parking.

Following the approval of Z0291-99-C a "temporary" modular classroom was placed on site with the intent to construct a permanent classroom. However, the temporary classroom was never removed and the permanent classroom was not constructed.

In 2024, a Modification to Conditional Use permit, Z0031-24, was approved for a 900 square foot shop and maintenance building, and 1,800 square foot modular building to support existing church uses.

The applicant's narrative states that Christ the Vine Church has operated an early childhood center with classes for 3-5 year old students intermittently over the past 30 years. The campus currently includes the primary church building, one modular building currently in use as a school, one modular building currently in use as office/flex space, a maintenance building, playground, parking, landscaping including a small "vineyard" and screening, and volley ball court.

With this proposed development the applicant is seeking to expand the educational use of the property through the addition of two new 1,800 square foot modular school buildings. Each modular unit includes two classrooms, each of which accommodate 16 children. The existing modular school building includes two classrooms also accommodating 16 children each. The applicant states the total expected maximum enrollment to be 96 children between Kindergarten and Fifth Grade.

In addition to the placement of two new modular classrooms, the proposed development includes the construction of walkways connecting the modular units to the existing walkway system, landscaping adjacent to the walkway and modular buildings, additional landscape screening along the east property line, a fire access turn around, "soccer area", and storm water improvements.

2. ZDO Section 316, Rural Residential 2-Arce (RA-2)

2A. Subsection 316.03 & Table 316-1 – Uses Permitted:

Finding: The subject property is located in the RA-2 zoning district. The proposed use is the addition of two modular school units, each containing two classrooms for Kindergarten through 5th Grade students. Associated site improvements include landscaping, onsite walkways, a fire access turn around and stormwater. The site currently includes a Church and one modular school unit. The proposed use is a Conditional Use in the zone. The applicants have successfully applied for a conditional use permit and, with approval, this standard is met.

2B. Subsection 316.04 & Table 316-2 – Dimensional Standards:

Dimensional standards applicable in the rural and future urban residential zoning districts are listed in Table 316-2, Dimensional Standards in the Rural Residential and Future Urban Residential Zoning Districts.

Finding: Relevant dimensional standards for the proposed development are limited to setbacks from adjacent property lines. The minimum lot size standards are not applicable as no land divisions are proposed. There is not a maximum lot coverage or minimum building separation requirement. The minimum setbacks in the RA-2 Zone are 30' from the front lot line, 30' from the rear lot line, and 10' from the side lot lines. The modular units are proposed to be sited 30' from the rear lot line, greater than 400' from the front lot line adjacent to State Highway 212 and ~155' from the front lot line adjacent to SE 187th Avenue, and ~180' from the side lot line. These standards are met.

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 therefore 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.

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. ZDO Subsections 1005.02(F), 1005.02(H), 1005.02(I), 1005.02(J), 1005.02(K), and 1005.02(L) are not applicable to the proposed development as no parking is proposed, the development is not located along a major transit stop, the project site is not within the PMU, OC, HDR, RCHDR, or SHD zoning districts, and there are no minimum floor area requirements. The applicant requests a Modification to the requirements of ZDO Subsection 1005.02(E) in accordance to ZDO Subsection 1005.06, further addressed in the findings below.

The two modular units are sited on the north portion of the property, behind the existing church and adjacent to the existing modular units on site, with the longest facades of the units facing south. The applicant's materials the modular units are clustered to the extent feasible, with the new units sited 12' apart and less than 100' from the existing modular units. No changes to the existing on-site vehicle circulation and parking are proposed. The proposed development includes the addition of an illuminated 5' wide walkway, connecting the entrances of both modular units to the existing interconnected walkways system. No walkways through vehicular areas or adjacent to parking are proposed.

The project site is located within the UGB, and therefore Subsection 1005.02(E), which requires that a minimum of 50% of the street frontage of the development is sited at the minimum front setback line, applies. The applicant has requested a Modification to this standard due to the nature of the development, further described in Finding 6E below. The entrances of the proposed modular units are oriented towards HWY 212, the adjacent major transit street.

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 proposed modular units are located on the north side of the site, behind the existing church, which is the sites primary building. Existing landscaping, vegetation, and structures will screen the modular units from the view of HWY 212. Cypress trees are proposed along SE 187th street as well as the north and west property line to screen the modular units from most adjacent viewpoints. The modular units will likely be visible from portions of SE 187th Avenue's Right-of-Way. While the units will be mostly obscured from sight, the selected modular units meet most minimum building design standards included in ZDO Subsection 1005.03. The applicant requests a Modification to the requirements of ZDO 1005.03(D), which is further addressed in Finding 6E below.

The proposed modular units will match the existing "office" modular unit. The modular units' design is simple, which is due to the fact they are pre-manufactured and opportunities for alteration to the facades are minimal. Even so, the facades primary walls are punctuated by windows and a covered entry area breaking up the massing. The units are small, which does not allow much space for the mixing of materials or addition of a variety of architectural features. The units are human scaled, with a classic ranch like design which is cohesive with the existing buildings throughout the development. Entries are clearly defined with a 6' deep overhang, framed by adjacent landscaping. As mentioned above, the applicant's request a Modification to the roof overhang standards included in ZDO Subsection 1005.03(D). Lap-siding is the primary material used throughout the façade, with cedar trim accents. The selected materials are durable, and appropriate for the proposed use and location.

The new units are clustered near the other buildings at the center of the campus which increases surveillance opportunities. Walkways will be illuminated similarly to the existing walkway illumination. Parking and automobile areas will not be altered by this proposal. Sight obscuring landscaping is not proposed between the new buildings and the existing campus structures, creating no new visual obstructions. No mailboxes or fencing are proposed. The existing play areas will not be altered and will continue to be visible from the south facing windows of the new buildings.

The primary façade of each new unit is south facing and each classroom has one south facing window. The north facing windows, which are protected from the sun's rays, allow light into the classrooms but minimize solar radiation effects from extensive window surfaces. Consequently, the siting and design of the buildings provides south facing solar orientation but minimizes the heating effects of extensive south-facing glazed surfaces.

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 applicant will install walkway lighting, VOLT® Solar Integrated

LED Path Light- VSPL-1045 illumination. The installation of these lights will be similar to the exiting walkway lights seen in the adjacent photograph. They will be close to the walkway and integrated into the grass and bark chip landscaping. The walkway lighting does not exceed the height of the proposed classroom buildings and is top shielded aiming the light downward and not toward the walls. The proposed lighting continues the type and aesthetic of the lighting that illuminates the existing walkways that serve classrooms. Wall mounted is proposed at the primary entryway of each new building. The selected lights are LED-type RAB BRISK17FA20 lights. (See Exhibit I.2 Building light.) The placement of the entry light is less than 12 feet above the porch surface. The lighting is placed between the two primary entry doors, which is both efficient and suitable for the purposes of illuminating both entryways. The lighting is shielded by a canopy roof ensuring that the lighting does not leak upward. 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 279,693 square feet, therefore the maximum of five design elements are required. The applicant proposes to minimize negative impacts on solar access by locating the smaller modular buildings to the north of the taller existing primary building. The modular units are placed so the existing outdoor play area is to the south. Landscaping exceeding the minimum landscaping standard by 10% is proposed for a total of 79,672 square feet of landscaped area equaling 28.4% of the site area. Rain barrels are proposed at the ends of the new modular units to collect rainwater that will be used to water the site's landscaping. Landscaping and bark mulch will be integrated adjacent to new walkways, enhancing the user's experience. The applicant proposes at least five design elements/techniques that are required. As described in the applicant's narrative and shown on the submitted plans, 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 has requested staff to consider modifications to ZDO Subsection 1005.02(E) a minimum of 50% of the street frontage of the site shall have buildings located as the minimum front setback line and ZDO Subsection 1005.03(D)1 which requires buildings with pitched roofs have eaves with overhangs of 24 at least 24 inches. The applicant also requests modifications to ZDO Subsections. ZDO Subsections 1005.03(C) and 1005.03(B)2 which both only apply if ZDO Subsection 1005.02(E) applies. Since staff agrees with the applicant's justification for the modification to ZDO 1005.02(E) staff analysis regarding the ZDO Subsection 1005.03(C) and 1005.03(B)2 is not necessary.

Modification Request 1 – ZDO Subsection 1005.02(E)

Developments within the UGB are subject to maximum setbacks along road frontages. Specifically, 50% of the building façade is required to be sited at the minimum front setback. The applicant argues that while the project site is located within the UGB the area is more rural than urban. The property is in a rural residential zone and surrounded by lower density housing developments. A principal purpose of the RRFF-5 and RA-2 zones is to promote and support low-density residential development, rather than high-density commercial or employment centers. Mandating that main entrances face and connect to streets, with street-facing architecture, is a zoning strategy often used for dense commercial areas to boost pedestrian activity and reduce car use. The intent to create a lively, walkable centers and public use spaces is not applicable to a modular classroom on this property. However, locating the three classroom buildings close together and connecting them by paved walkways will allow for more efficient sharing of existing walkways and parking areas. In addition, placing modular classrooms for Kindergarten through 5th grade young children with direct access to an arterial such as Oregon Hwy 212 would not create a lively, safe and attractive streetscape that is conducive to the children's safety.

Staff finds it is important to note that the primary development on the site is the existing church. Locating the modular school units in front of the primary building would inappropriately draw attention away from the sites primary use/building. Additionally, as a Conditional Use siting the units away from the adjacent streets so the visual impact on the surrounding area is minimized is appropriate.

Staff agrees with the applicant's justification for the proposed modification. This criteria is met.

Modification Request 2 – ZDO Subsection 1005.03(D)

ZDO Subsection 1005.03(D) requires that buildings with pitched roofs have eaves with overhangs of at least 24 inches. The modular units proposed have pitched roofs but overhangs of only 5 inches.

The applicant's narrative states that the standard modular buildings are proposed for the new classrooms because they offer a cost effective and a low-impact solution that minimizes on-site disruptions, preserves natural vegetation, and requires less intensive foundation work compared to traditional, stick built construction. Also, the construction impact on the church grounds is significantly reduced because the modulars are constructed in a factory setting:

• Minimal Site Disturbances because the modules are prefabricated.
• Reduced foundation impact. This preserves existing topsoil and root systems.
• Controlled site access. Construction traffic is drastically reduced.
• Smaller Footprint. The modular buildings have a compact design and can be placed close together leaving more space for existing green space.
• Preservation of Existing landscape. The quick installation process means natural habitats are preserved.
• Environmentally Friendly Setup. Factory construction means construction waste is reduced by up to 90%

The standard overhang is 5" on the modular buildings. The proposed standard modular buildings will include a large, covered porch on each building with bollard style lighting to easily locate the entry. This design feature will better support community interaction as it gives the children a covered outdoor space to interact in.

As discussed above, the new modular classrooms are prefabricated buildings. There is little opportunity for the manufacturer to alter the basic design. In addition, Clackamas

County approved the design of the existing modular building which does not have a 24-inch roof overhang. The buildings will, however, have 6-foot by 16- foot covered entries which will provide shelter from the rain and shade on the south-facing façade. Placing the new modules in the center of the property adjacent to the approved modular building uses the site configuration and natural features. For these reasons, modifying the 24-inch roof overhang is consistent with the purpose of ZDO 1005.01.F and I.

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. The project site is within the Portland Metro UGB and street lighting may be required. A Condition of Approval requires the applicant consulate with Clackamas County Service District No. 5 Street Lighting to determine if street lighting will be required prior to issuance of Building Permits. 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: Sunrise Water Authority is the water provider. 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 1006.05 Onsite Wastewater Treatment.

A. All development that requires onsite wastewater treatment shall receive approval for the system from the County prior to submittal of a land use application for development. Onsite wastewater treatment systems shall be installed pursuant to: Oregon Revised Statutes 454.605 through 454.745; Oregon Administrative Rules chapter 340, divisions 71 and 73; and the policies of the County.

B. Inside the Portland Metropolitan Urban Growth Boundary (UGB), Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village, all land divisions or other development that requires onsite wastewater treatment shall be prohibited except for:

1. A lot of record that is outside of a sewage service district and was created:

a. Prior to January 31, 1980; or

b. On or after January 31, 1980, and prior to inclusion in the UGB;

2. Lots of 10 acres or larger in the FU-10 District;

3. Lots that do not have a sanitary sewerage system that is legally and physically available as defined in OAR 340-071-0160(4)(f)(A) and (B), including lots that have unique topographic or other natural features that make sewer extension impractical as determined on a case-by-case basis by the sewer service provider; and

4. Areas under a sewer moratorium with sewer services five years or more away if the area is annexed into a city or district that can assure that future delivery of sewerage services is planned.

Finding: The development is located within the UGB but is not located within a sewer district and sewer service is not readily available for the site. The application submitted an application for Septic Authorization to the Clackamas County Septic Department but was denied. See the denial letter included in Exhibit 5 of the materials as well as the comments provided by the Clackamas County Septic Department, Exhibit 9. While the Septic Authorization was denied the letter indicates an alternative path to approval is feasible. A Condition of Approval requires that Septic Approval is obtained prior to Certificate of Occupancy and Development Permit approval. As conditioned, 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: Clackamas County 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 to expand Christ the Vine Church's existing educational program through the addition of two modular school buildings as well as site improvements include the construction of a fire access turn around. The proposal does not include any proposed modifications to the existing site access, adjacent roadways, or onsite circulation. The property is located at an intersection with frontage on SE HWY 212 and SE 187th Avenue. The two modular school buildings will allow for a total of 96 students. The Clackamas County Department of Engineering waived the requirements for a Traffic Impact Study due to the anticipated minimal increase in PM vehicle trips.

The property is located in the RA-2 zoning district which exempts the development from the following subsections of ZDO 1007:

• ZDO 1007.04(C) – Requirements for Pedestrian and Bicycle Facility Construction
• ZDO 1007.04(D) – Requirements for Sidewalk Construction
• ZDO 1007.06(A) – Street Tree Requirements within the UGB

At the time of Staff Report publication the Planning Department is awaiting final comments and Conditions of Approval from the Engineering Department. However, the preliminary review indicates the standards of ZDO Section 1007 are met as proposed. Staff provided hearing materials and Findings addressing ZDO 1007 will be updated prior to the Hearing on July 23, 2026, to demonstrate compliance with ZDO 1007.

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: The minimum landscaping standard for Conditional Uses in the RA-2 zoning district is 25%. The applicant's materials demonstrate that through a combination of existing landscaping, preserved natural areas, and new landscaping adjacent to the modular units and along the property lines, the minimum landscape standard will not only be met but will exceed 25% of the lot. In total, 79,672 square feet of the site, or 28.4% of the site, will be landscaped.

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).

Cypress trees provided along the perimeter of the property will be used as screening to buffer the Conditional Use from the adjacent residential properties.

The applicant proposes a landscape strip of less than the minimum required 5-foot wide landscape strip along the SE 187th Avenue frontage. These standards are met.

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: While the project site is located with the UGB the Climate Friendly and Equitable Communities (CFEC) rules in effect pursuant to OAR 660, Division 12 Per OAR 660-012-0450, prohibiting minimum parking requirements does not apply as the site is not served by both public water and sewer. As such minimum parking requirements apply. Table 1015-1, Automobile Parking Space Requirements, requires two bicycle parking spaces per classroom for Elementary Schools for a total of twelves spaces. The applicant proposes to use a portion of the existing parking area to serve the classrooms. The existing parking area includes ninety-six parking space, which is adequate to serve both the school and existing uses on site. A Condition of Approval will require the applicant to install signs reserving the twelve parking spaces for school parking only during school hours.

Table 1015-3, Minimum Required Bicycle Parking Spaces, requires two bicycle parking spaces per classroom for Elementary Schools. The six classrooms require twelves bicycle parking spaces. The applications materials do not demonstrate that that twelves parking spaces will be provided. A Condition of Approval requires the applicant submits updated plans with the twelve required bicycle parking spaces demonstrating the minimum bicycle parking requirements included in ZDO Section 1015 are met.

As conditioned, 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 states there is an existing 10' x 5' trash and recycling area near the main entrance of the primary building (northwest corner of main parking lot) set on a concrete pad, enclosed with a chain link fence with privacy slats, and "No parking" signage posted on the front. The applicant anticipates the existing receptacles have capacity to manage any additional generation from the new modular classrooms and states they will increase receptacle sizes, if necessary.

The garbage/recycling company reports the current service level is a 1.5yd garbage container (84"W x 36"D) and a 95gal recycling cart (30"W x 34"D) serviced weekly. The existing enclosure does not satisfy the spacing requirements and may be missing other elements (bumper curb and gate details missing). The garbage/recycling company has confirmed they cannot increase the receptacle sizes due to space limitations; however, they can increase frequency if more service is needed. There is adequate space to expand the enclosure to establish suitable services, or the applicant can request modification pursuant to 1021.08.

Based on the submitted materials it is not clear that the requirements of ZDO Subsections 1021.04 are met. Specifically, the plans do not show if the required gate restrainers or bumper curb are installed. The spacing requirements of ZDO Subsection 1021.05 are not currently met. 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, these standards 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 December 24, 2025, which was deemed incomplete on January 22, 2026. Additional materials were submitted on June 2, 2026, June 9, 2026, and June 10, 2026. The application was deemed complete on June 10, 2026. Additional materials were submitted on June 30, 2026. This standard is met.

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 RA-2 zoning district. The proposed use is the addition of two modular school units, each with two classrooms for Kindergarten through Fifth Grade, which is a Conditional use in the zoning district. 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 expansion of Christ the Vine Church's educational program with the additional of two modular school buildings is compatible with the subject site. The educational program has been operating in varying capacities for around 30 years. Schools are often integrated within residential neighborhoods, allowing for convenient access and community connection. Additionally, churches also commonly include childcare or educational programs. 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. The site is flat and the placement of the modular school building will not require significant alteration of the site's topography. The existing church and landscaping provide screening from offsite view. The existing parking area is large enough to accommodate parking and queuing during drop-off and pick-up time. 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: The applicant's narrative materials states the following regarding transportation system safety:

The 11th edition of the Institute of Transportation Engineers (ITE) Manual indicates that an elementary school generates approximately 0.26 peak hour trips per student. The proposed modular classrooms will house a maximum of 96 students in grades 1 through 5. Therefore, the potential peak hour total impact of school use of the Applicant's educational facilities is 25 peak hour trips. The primary access to and from the site is via Oregon Highway 212. A representative of the Oregon Department of Transportation (ODOT) wrote that ODOT did not require a transportation impact statement (TIA). Clackamas County Engineering Department also waived a traffic analysis.

Clackamas County Development Engineering staff and Oregon Department of Transportation staff reviewed the proposal for compliance with 1007.07 and determined that the transportation system is adequate to support the proposed use. 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: As described in the applicant's narrative materials and is evident with a review of the site's permitting history, Christ the Vine Church has operated educational facilities of varying degrees for over 30 years. The area surrounding the subject property is rural residential and low density residential. No evidence has been presented that the expansion of the existing educational program with the addition of two modular school buildings and other minor site improvements will substantially limit, impair or preclude the use of the surrounding properties for their primary use. To staff knowledge, the existing education programs have been operating in harmony with the surrounding land uses for the 30 years of operation.

A common concern related to schools in residential areas is the impact of drop-off and pick-up on traffic patterns in the area. The applicant submitted a drop-off and pick-up plan demonstrating that the existing parking area can accommodate the queuing of 50 cars, which should be sufficient for the anticipated maximum of 96 students. Additionally, Clackamas County Engineering reviewed the proposal and did not have concerns regarding increased PM vehicle trips.

The placement of the modular school buildings are proposed to be placed at the rear of the property with a significant distance between the buildings and adjacent Right-of-Ways. The applicant proposes to plant cypress trees as landscape screening along the east property line, and will utilize the existing cypress trees on the north and west property line to screen the visual impact of the modular school buildings. The applicant's narrative states that the only view of the two new modular buildings will be from the intersection of SE Highway 212 and SE 187th Avenue and from portions of SE 187th Avenue. The view will be obscured and structures are setback a significant distance from the property line.

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 finds this criterion is met.

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.

While the applicant's narrative did not specially address Chapter 4, staff found the proposal consists of a conditional use permit that includes findings to site-related criteria which ensures that the proposed expansion of the Christ the Vine Church educational program are evaluated for compliance in accordance with the policies within Chapter 4.

The applicant's narrative addresses Chapter 5 requirements for coordination with the Oregon Department of Transportation stating that the applicant contacted the Oregon Department of Transportation (ODOT) staff as directed. ODOT did not require a Traffic Impact Analysis and did not require any improvements to Highway 212.

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

The applicant's narrative addresses the stormwater related provisions of Chapter 7 stating that the existing stormwater facilities will be used to detain and treat excessive run off. The narrative includes an analysis of the impact of additional impervious surfaces and states that at the time of building placement and fire access lane installation, the applicant will comply with all applicable stormwater and erosion control regulations at the time of development.

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.

Actions

X Closed Hearing:

X Left the Record Open:

• Record left open 1 week(s), until 4:00 p.m. on July 30, 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 August 6, 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 August 13, 2026 for the applicant to submit final written argument in support of the application.
• Decision expected within 5 weeks.

BEFORE THE LAND USE HEARINGS OFFICER CLACKAMAS COUNTY, OREGON

FINAL ORDER Case File No: Z0519-25 (Christ the Vine School)

Regarding an application by Christ the Vine Lutheran Church to place two modular buildings for use as four grades K-5 classrooms on the site of the existing church at 18677 SE Highway 212, in unincorporated Clackamas County, Oregon

A. SUMMARY

1. The applicant, Christ the Vine Lutheran Church, requests conditional use approval to expand the educational facilities of the existing Christ the Vine Lutheran Church located on a 6.51-acre parcel at 18677 SE Highway 212; also known as tax lots 00700, 00701, and 00707, Section 08B, Township 2 South, Range 3 East, of the Willamette Meridian, Clackamas County (the “site”). The majority of the site (tax lots 00700 and 00701) and properties to the south, across SE Highway 212, and east, across SE 187th Avenue, are zoned RA-2. Tax lot 00707 and abutting properties to the southwest are zoned RRFF-5 (Rural Residential Farm Forest, 5 acre minimum lot size). Properties abutting the north and northwest boundaries of the site are located in the City of Happy Valley.

a. The Christ the Vine Church was established on the site in 1977 pursuant to Conditional Use Permit, CU-14-77. The original approval permitted a 6,000 square-foot church facility with a sanctuary, social hall, Sunday school classrooms, and associated parking. The County subsequently approved the following additional permits for expansion and modifications of the church:

i. In 1982 the County approved construction of a multipurpose classroom and dining building addition to the church. (Case No. 908-82-C);

ii. In 1985 the County approved the use of an existing classroom for conducting parochial preschool for up to twenty-eight students and two teachers. (Case No. 601-85-C);

iii. In 1999 the County approved a three-phase expansion of church worship space, classroom facilities, and associated parking, including placement of a “temporary” modular classroom on site. (Case No. Z0291-99-C). The temporary classroom was never removed and the permanent classroom was not constructed:

iv. In 2024 the County approved the addition of a 900 square-foot shop and maintenance building, and an 1,800 square-foot modular building to support existing church uses. (Case No. Z0031-24).

b. The applicant’s narrative states that Christ the Vine Church has operated an early childhood center on the site with classes for 3-5 year old students intermittently over the past 30 years. The campus currently includes the primary church building, one modular building currently in use as a school, one modular building currently in use as office/flex space, a maintenance building, playground, parking, landscaping including a small “vineyard” and screening, and volley ball court.

c. With this proposed development the applicant is seeking to expand the educational use of the site through the addition of two new 1,800 square-foot modular school buildings. Each modular unit includes two classrooms, each of which can accommodate 16 children. The existing modular school building includes two classrooms also accommodating 16 children each. The applicant states the expected maximum enrollment to be 96 children between kindergarten and fifth Grade.

d. In addition to the placement of two new modular classrooms, the proposed development includes the construction of walkways connecting the modular units to the existing walkway system, landscaping adjacent to the walkway and modular buildings, additional landscape screening along the east property line, a fire access turn around, “soccer area,” and storm water improvements.

2. Hearings Officer Joe Turner (the "hearings officer") held an online public hearing about the application. County staff recommended that the hearings officer approve the application, subject to conditions. See the Staff Report and Recommendation to the Hearings Officer dated July 16, 2026 (the “Staff Report”). Representatives of the applicant testified in support of the application. One other person testified in support of the application. Two persons testified in opposition. Principal contested issues in the case include:

a. Whether the traffic from the proposed development will exceed the capacity of area streets or otherwise create a hazard;

b. Whether the applicant should be required to provide a traffic study;

c. Whether the applicant can be required to provide a left-turn lane at SE Wyeast Avenue;

d. Whether the applicant can be required to provide a sidewalk along the site frontage; 

e. Whether the applicant is required to post “School Zone” signs on streets abutting the site; and

f. Whether assertions that the applicant is currently operating a school on the site without County approval are relevant to the applicable approval criteria.

3. Based on the findings provided or incorporated herein, the hearings officer finds that the applicant sustained the burden of proof that the proposed use does or can comply with the relevant approval standards of the Clackamas County Zoning and Development Ordinance (the “ZDO”), provided the applicant complies with conditions of approval recommended by County staff or warranted by the facts and law to ensure the proposed use does comply in fact with those standards. Therefore the hearings officer approves the application subject to the conditions at the end of this final order based on the findings and conclusions incorporated herein.

B. HEARING AND RECORD HIGHLIGHTS

1. The hearings officer received testimony at the public hearing about this application on July 23, 2026. All exhibits and records of testimony are filed at Clackamas County Department of Transportation and Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias, or conflicts of interest. The following is a summary by the hearings officer of selected testimony at the public hearing.

2. County planner Georgia McAlister summarized the Staff Report and her PowerPoint presentation (Exhibit 16).

a. She noted that the applicant is requesting conditional use approval to place two modular buildings on the site of the existing Christ the Vine Church for use as classrooms for students in kindergarten through fifth grade. The applicant will also provide additional landscaping, walkways, a fire access turnaround, and stormwater facilities on the site.

b. She opined that the proposed school use will not alter the character of the surrounding area. The Church has been providing educational activities on the site for more than 30 years and schools are commonly located in residential neighborhoods. The applicant proposed to locate the modular buildings behind the existing church building and setback from neighboring properties. The school use is not expected to generate additional noise. The design of the proposed buildings is similar to the existing modular building on the site, which approved as an office. There is adequate space on the site to accommodate vehicle queues for students being dropped off and picked up at the site.

c. The applicant requested approval of a modification to ZDO 1005.02(e), which requires that a minimum of 50% of the street frontage of the development be sited at the minimum front setback line. The applicant wants to locate the school buildings closer to, and behind, the church in order to cluster the buildings on the site, reduce the visual impact of the development, and increase safety for students. The existing church is the primary use on the site.

d. The applicant also requested approval of a modification to ZDO 1005.03(D), which requires that buildings with pitched roofs have eaves with overhangs of at least 24 inches. The eves on the proposed modular buildings have a five-inch overhang.

e. She requested the hearings officer delete the last paragraph of section 13.D of the Staff Report, as that section is a carryover from a prior Staff Report.

f. The applicant submitted information regarding the traffic impacts of the proposed use and County engineering staff determined that a traffic study was not required, as the volume of traffic generated by the proposed school will not meet the County standard for requiring a study. (Exhibit 5).

g. ODOT has jurisdiction over Highway 212 and determined that a sidewalk is not needed on this site at this time.

3. Planner Eric Eisemann and Richard Beals appeared on behalf of the applicant, Christ the Vine Lutheran Church.

a. Mr. Eisemann accepted the findings and conditions in the Staff Report without objections. He argued that the majority of school related traffic will occur during non-peak hours. The school will operate with a staggered schedule on different days of the week. The County and ODOT both agreed that a traffic study is not needed for this use.

b. Mr. Beals testified that the existing preschool operates from 8:45 am to 3:00 pm on Tuesday and Thursday for three year olds and from 8:30 am to 3:45 pm Monday, Wednesday, and Friday for four year olds.

4. Michelle Kid-Giddings argued that the County approved a preschool on the site, but the applicant began providing grade school education without prior approval. She testified that existing traffic volumes make it difficult to exit her neighborhood onto Highway 212 under existing conditions. There have been several accidents on the section of Highway 212 between Tong Road and the site. There is a need for a left-turn lane at the SE Wyeast Avenue/Highway 212 intersection. ODOT recently reduced the posted speed limit on Highway 212 to 35 mph, which makes it difficult to judge the speed of oncoming traffic. School use on the site will generate additional traffic that will exacerbate these issues. A nearby daycare was required to provide a traffic analysis. This use should be subject to a similar requirement.

5. Gail Roach testified in support of the application, arguing that the church has been “a good neighbor” for the past 30 years. Traffic from the school will not cause significant delays.

6. Jaki Johnson argued that the applicant should be required to provide a traffic study.

7. At the conclusion of the public hearing, the hearings officer held the record open for two weeks, subject to the following schedule:

a. For one week, until 4:00 p.m. on July 30, 2026, for all parties to submit additional testimony and evidence; and

b. For a second week, until 4:00 p.m. on August 6, 2026, for the applicant to submit a final written argument.

8. Exhibits 17-22 were submitted during the open record period. Exhibit 23 was submitted after the record closed and therefore must be excluded from the record.

C. DISCUSSION

 1.   ZDO Section 316, Rural Residential 2-Arce (RA-2)

1A.Subsection 316.03 & Table 316-1 – Uses Permitted:

Finding: The subject property is located in the RA-2 zoning district. The proposed use is the addition of two modular school units, each containing two classrooms for Kindergarten through 5th Grade students. Associated site improvements include landscaping, onsite walkways, a fire access turn around and stormwater. The site currently includes a Church and one modular school unit. The proposed use is a Conditional Use in the zone. The applicants have successfully applied for a conditional use permit and, with approval, this standard is met.

1B. Subsection 316.04 & Table 316-2 – Dimensional Standards:

Dimensional standards applicable in the rural and future urban residential zoning districts are listed in Table 316-2, Dimensional Standards in the Rural Residential and Future Urban Residential Zoning Districts.

Finding: Relevant dimensional standards for the proposed development are limited to setbacks from adjacent property lines. The minimum lot size standards are not applicable as no land divisions are proposed. There is no maximum lot coverage or minimum building separation requirement. The minimum setbacks in the RA-2 Zone are 30 feet from the front lot line, 30 feet from the rear lot line, and 10 feet from the side lot lines. The modular units are proposed to be sited 30 feet from the rear lot line, greater than 400 feet from the front lot line adjacent to State Highway 212 and approximately155 feet from the front lot line adjacent to SE 187th Avenue, and approximately180 feet from the side lot line. These standards are met.

2.   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.

3.   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: 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 therefore the excessive tree removal standards apply. There is no 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.

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

4.   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.

5.   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 dwellings.

5A. 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: ZDO Subsections 1005.02(F), 1005.02(H), 1005.02(I), 1005.02(J), 1005.02(K), and 1005.02(L) are not applicable to the proposed development as no parking is proposed, the development is not located along a major transit stop, the project site is not within the PMU, OC, HDR, RCHDR, or SHD zoning districts, and there are no minimum floor area requirements. The applicant requests a Modification to the requirements of ZDO Subsection 1005.02(E) pursuant to ZDO Subsection 1005.06, which is addressed in the findings below.

The two modular units are sited on the north portion of the site, behind the existing church and adjacent to the existing modular units on the site, with the longest facades of the units facing south. The applicant’s materials show that the modular units are clustered to the extent feasible, with the new units sited 12 feet apart and less than 100 feet from the existing modular units. No changes to the existing on-site vehicle circulation and parking are proposed. The proposed development includes the addition of an illuminated 5-foot wide walkway, connecting the entrances of both modular units to the existing interconnected walkways system. No walkways are proposed through vehicular areas or adjacent to parking.

The project site is located within the UGB; therefore Subsection 1005.02(E), which requires that a minimum of 50% of the street frontage of the development be sited at the minimum front setback line, applies. The applicant has requested a Modification to this standard due to the nature of the development, further described in Finding 5E below. The entrances of the proposed modular units are oriented towards Highway 212, the adjacent major transit street.

As applicable, the standards of Subsection 1005.02 are met.

5B. 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: The proposed design meets the standards of this subsection to the extent practical. The proposed modular units are located on the north side of the site, behind the existing church, which is the primary building on the site. Existing landscaping, vegetation, and structures will screen views of the modular units from the of Highway 212. Cypress trees are proposed along SE 187th street as well as the north and west property lines to screen the modular units from most adjacent viewpoints. The modular units will likely be visible from portions of the SE 187th Avenue right-of-way. While the units will be mostly obscured from sight, the selected modular units meet most minimum building design standards included in ZDO Subsection 1005.03. The applicant requests a Modification to the requirements of ZDO 1005.03(D), which is further addressed in Finding 5E below.

The proposed modular units will match the existing “office” modular unit. The modular units’ design is simple, which is due to the fact they are pre-manufactured and opportunities for alteration to the facades are minimal. Even so, the facades primary walls are punctuated by windows and a covered entry area, breaking up the massing. The units are small, which does not allow much space for the mixing of materials or addition of a variety of architectural features. The units are human scaled, with a classic ranch like design which is cohesive with the existing buildings throughout the development. Entries are clearly defined with a 6-foot deep overhang, framed by adjacent landscaping. As mentioned above, the applicant requests a Modification to the roof overhang standards included in ZDO Subsection 1005.03(D). Lap-siding is the primary material used throughout the façade, with cedar trim accents. The selected materials are durable, and appropriate for the proposed use and location.

The new units are clustered near the other buildings at the center of the campus which increases surveillance opportunities. Walkways will be illuminated similarly to the existing walkway illumination. Parking and automobile areas will not be altered by this proposal. Sight obscuring landscaping is not proposed between the new buildings and the existing campus structures, creating no new visual obstructions. No mailboxes or fencing are proposed. The existing play areas will not be altered and will continue to be visible from the south facing windows of the new buildings.

The primary façade of each new unit is south facing and each classroom has one south facing window. The north facing windows, which are protected from the sun’s rays, allow light into the classrooms while minimize solar radiation effects from extensive window surfaces. Consequently, the siting and design of the buildings provides south facing solar orientation but minimizes the heating effects of extensive south-facing glazed surfaces.

As conditioned, these standards can be met.

5C. 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 applicant will install walkway lighting, VOLT® Solar Integrated LED Path Light- VSPL-1045 illumination. The installation of these lights will be similar to the exiting walkway lights on the site. They will be close to the walkway and integrated into the grass and bark chip landscaping. The walkway lighting does not exceed the height of the proposed classroom buildings and is top shielded, aiming the light downward and not toward the walls. The proposed lighting continues the type and aesthetic of the existing walkway lighting on the site. Wall mounted lights are proposed at the primary entryway of each new building. The selected lights are LED-type RAB BRISK17FA20 lights. (See Exhibit I.2 Building light.) The placement of the entry light is less than 12 feet above the porch surface. The lighting is placed between the two primary entry doors, which is both efficient and suitable for the purposes of illuminating both entryways. The lighting is shielded by a canopy roof ensuring that the lighting does not leak upward. As conditioned, these standards can be met.

5D. 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: The site area is 279,693 square feet, therefore the maximum of five design elements are required. The applicant proposes to minimize negative impacts on solar access by locating the smaller modular buildings to the north of the taller existing primary building. The modular units are placed so the existing outdoor play area is to the south. Landscaping exceeding the minimum landscaping standard by 25% is proposed for a total of 79,672 square feet of landscaped area equaling 28.4% of the site area. Rain barrels are proposed at the ends of the new modular units to collect rainwater that will be used to water the site’s landscaping. Landscaping and bark mulch will be integrated adjacent to new walkways, enhancing the user’s experience. The applicant proposes at least five design elements/techniques that are required. As described in the applicant’s narrative and shown on the submitted plans, the standard is met.

5E. 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 has requested modifications to ZDO Subsection 1005.02(E), which requires that a minimum of 50% of the street frontage of the site have buildings located at the minimum front setback line, and ZDO Subsection 1005.03(D)(1), which requires that buildings with pitched roofs have eaves with overhangs of at least 24 inches. The applicant also requests modifications to ZDO Subsections 1005.03(C) and 1005.03(B)(2), both of which only apply if ZDO Subsection 1005.02(E) applies. Approval of the modification to ZDO 1005.02(E) makes ZDO 1005.03(C) and 1005.03(B)(2) inapplicable.

Modification Request 1 – ZDO Subsection 1005.02(E)

Developments within the UGB are subject to maximum setbacks along road frontages. Specifically, 50% of the building façade is required to be sited at the minimum front setback. The applicant argues that while the project site is located within the UGB the area is more rural than urban. The property is in rural residential zones and surrounded by lower density housing developments. A principal purpose of the RRFF-5 and RA-2 zones is to promote and support low-density residential development, rather than high-density commercial or employment centers. Mandating that main entrances face and connect to streets, with street-facing architecture, is a zoning strategy often used for dense commercial areas to boost pedestrian activity and reduce car use. The intent to create a lively, walkable centers and public use spaces is not applicable to a modular classroom on this property. However, locating the three classroom buildings close together and connecting them by paved walkways will allow for more efficient sharing of existing walkways and parking areas. In addition, placing modular classrooms for Kindergarten through 5th grade children with direct access to an arterial such as Oregon Highway 212 would not create a lively, safe and attractive streetscape that is conducive to the children’s safety.

The primary development on the site is the existing church. Locating the modular school units in front of the primary building would inappropriately draw attention away from the sites primary use/building. Additionally, as a Conditional Use, it is appropriate to site the units away from the adjacent streets so the visual impact on the surrounding area is minimized.

The hearings officer agrees with the applicant’s justification for the proposed modification. This criteria is met.

Modification Request 2 – ZDO Subsection 1005.03(D)

ZDO Subsection 1005.03(D) requires that buildings with pitched roofs have eaves with overhangs of at least 24 inches. The modular units proposed have pitched roofs but overhangs of only 5 inches.

The applicant’s narrative states that the standard modular buildings are proposed for the new classrooms because they offer a cost effective and a low-impact solution that minimizes on-site disruptions, preserves natural vegetation, and requires less intensive foundation work compared to traditional, stick built construction. Also, the construction impact on the church grounds is significantly reduced because the modulars are constructed in a factory setting:

• Minimal Site Disturbances because the modules are prefabricated.
• Reduced foundation impact. This preserves existing topsoil and root systems.
• Controlled site access. Construction traffic is drastically reduced.
• Smaller Footprint. The modular buildings have a compact design and can be placed close together leaving more space for existing green space.
• Preservation of Existing landscape. The quick installation process means natural habitats are preserved.
• Environmentally Friendly Setup. Factory construction means construction waste is reduced by up to 90%

The standard overhang is 5-inches on the modular buildings. The proposed standard modular buildings will include a large covered porch on each building with bollard style lighting to easily locate the entry. This design feature will better support community interaction as it gives the children a covered outdoor space to interact in.

As discussed above, the new modular classrooms are prefabricated buildings. There is little opportunity for the manufacturer to alter the basic design. In addition, Clackamas County approved the design of the existing modular building which does not have a 24-inch roof overhang. The buildings will, however, have 6-foot by 16-foot covered entries which will provide shelter from the rain and shade on the south-facing façade. Placing the new modules in the center of the site adjacent to the approved modular building uses the site configuration and natural features. For these reasons, modifying the 24-inch roof overhang is consistent with the purpose of ZDO 1005.01.F and I.

This criteria is met.

6.   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.

6A. 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.

6B. 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. The project site is within the Portland Metro UGB and street lighting may be required. A Condition of Approval requires that the applicant consulate with Clackamas County Service District No. 5 Street Lighting to determine if street lighting will be required prior to issuance of Building Permits. This standard is met.

6C. 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:Sunrise Water Authority is the water provider. The applicant provided a signed preliminary statement of feasibility 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.

6D. Subsection 1006.05 Onsite Wastewater Treatment.

A.    All development that requires onsite wastewater treatment shall receive approval for the system from the County prior to submittal of a land use application for development. Onsite wastewater treatment systems shall be installed pursuant to: Oregon Revised Statutes 454.605 through 454.745; Oregon Administrative Rules chapter 340, divisions 71 and 73; and the policies of the County.

B.    Inside the Portland Metropolitan Urban Growth Boundary (UGB), Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village, all land divisions or other development that requires onsite wastewater treatment shall be prohibited except for:

1.    A lot of record that is outside of a sewage service district and was created:

a.    Prior to January 31, 1980; or

b.    On or after January 31, 1980, and prior to inclusion in the UGB;

2.    Lots of 10 acres or larger in the FU-10 District;

3.    Lots that do not have a sanitary sewerage system that is legally and physically available as defined in OAR 340-071-0160(4)(f)(A) and (B), including lots that have unique topographic or other natural features that make sewer extension impractical as determined on a case-by-case basis by the sewer service provider; and

4.    Areas under a sewer moratorium with sewer services five years or more away if the area is annexed into a city or district that can assure that future delivery of sewerage services is planned.

Finding: The development is located within the UGB but is not located within a sewer district and sewer service is not readily available for the site. The application submitted an application for Septic Authorization to the Clackamas County Septic Department but was denied. See the denial letter included in Exhibit 5 of the materials as well as the comments provided by the Clackamas County Septic Department, Exhibit 9. While the Septic Authorization was denied the letter indicates an alternative path to approval is feasible. A Condition of Approval requires that the applicant obtain Septic Approval prior to Certificate of Occupancy and Development Permit approval. As conditioned, this criterion is met.

6E. 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: Clackamas County is the surface water management authority for onsite surface water management. The applicant provided a signed preliminary statement of feasibility 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.

7.   ZDO Section, 1007, Roads and Connectivity

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

Finding: ZDO Subsection 1007.01(A) requires that the location, alignment, design, grade, width, and capacity of all roads shall conform to Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards (CCRS). The applicant proposes to expand Christ the Vine Church’s existing educational program through the addition of two modular school buildings as well as site improvements including the construction of a fire access turn around. The proposal does not include any proposed modifications to the existing site access, adjacent roadways, or onsite circulation. The property is located at an intersection with frontage on SE Highway 212 and SE 187th Avenue. The two modular school buildings will allow for a total of 96 students. The Clackamas County Department of Engineering waived the requirements for a Traffic Impact Study due to the anticipated minimal increase in PM vehicle trips.

The property is located in the RA-2 zoning district, which exempts the development from the following subsections of ZDO 1007:

• ZDO 1007.04(C) – Requirements for Pedestrian and Bicycle Facility Construction
• ZDO 1007.04(D) – Requirements for Sidewalk Construction
• ZDO 1007.06(A) – Street Tree Requirements within the UGB

Based on the scope of the proposed project and exemptions listed above, no improvements to the frontages along SE Highway 212 and SE 187th Avenue or the roads themselves are required at this time. The County cannot require sidewalks or other frontage improvements without ODOT approval. In addition, there is no evidence in the record that the cost of sidewalks or other frontage improvements would be roughly proportional to the impacts of the proposed use.

SE Highway 212 will continue to function as the primary roadway serving the development. SE Highway 212 is a Principal Arterial within Oregon Department of Transportation Right-of-Way (ROW) and jurisdiction. The current tax map shows Highway 212’s ROW is 60 feet. ODOT’s submitted comments (Exhibit 12) state that given the limited frontage along Highway 212 and lack of nearby pedestrian/bike facilities nearby, no improvements are recommended by ODOT at this time. However, Comprehensive Map 5-2a Planned Bikeway Network (Urban) shows a future bikeway planned along the Highway 212 frontage. ODOT is supportive of a Condition of Approval requiring ROW dedication along the Highway 212 frontage to accommodate development of a bikeway in the future. 

SE 187th Avenue is under Clackamas County’s jurisdiction and is classified as a Local Urban roadway. Traffic to the Christ the Vine development will make minimal use of SE 187th Avenue, with the majority of traffic accessing the site off of Highway 212. The applicant proposes a Fire Access off SE 187th Avenue for the use of emergency vehicles only. As stated above, the development is exempt from the requirements of ZDO 1007.04(C), 1007.04(D), and 1007.06(A). Therefore, although the road is not improved to current Clackamas County Roadway Standards, no improvements are required in association with the proposed Conditional Use. The current tax map shows SE 187th Avenue’s ROW is 40 feet. ZDO 1007.01(B) requires ROW dedication for new institutional developments. Standard drawing C110 allows for minimum 24 from centerline to meet Urban Alternative 1, per Roadway Standards section 215. A Condition of Approval requires that the applicant dedicate additional ROW for a total of 24 feet of ROW from centerline. An 8-foot Public Utility Easement (PUE) is required along SE 187th Avenue and is included as a Condition of Approval.

Access spacing requirements included Clackamas County Roadway Standards (CCRS) Section 220.03 are met, with an excess of 100 feet between the proposed Fire Access and Highway 212. Submitted plans were reviewed for compliance with sight distance standards included in CCRS Section 240 Table 2-6. The required minimum sight distance along SE 187th Avenue where the fire access is proposed is 280 feet and the current sight distance at the access is in excess of 330 feet, meeting the minimum standard. The required roadside clear zone included in CCRS Section 245.3, Table 2-11, is 18 feet. A Condition of Approval requires that the applicant maintain minimum sight distance.

State law authorizes, but does not require, posting of “School Zone” signs along streets abutting the site. (See ORS 8101.462).

8.   ZDO Section 1009, Landscaping

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

Finding: ZDO Table 1009-1 requires that landscaping on a minimum 25% of the site area for Conditional Uses in the RA-2 zoning district. As proposed, the applicant will exceed the minimum requirement application materials demonstrate that 79,672 square feet of the site, or 28.4% of the site, will be landscaped through a combination of existing landscaping, preserved natural areas, and new landscaping adjacent to the modular units and along the property lines.

The proposed plantings are a mix of native and non-native species. A variety of plants are proposed 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 included in ZDO Subsection 1009.01(B).

Cypress trees proposed along the perimeter of the site will be used as screening to buffer the Conditional Use from the adjacent residential properties.

The applicant proposes a five-foot landscape strip along the SE 187th Avenue frontage. These standards are met.

9.   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.

10. 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: While the site is located with the UGB the Climate Friendly and Equitable Communities (CFEC) rules in effect pursuant to OAR 660, Division 12 Per OAR 660-012-0450, prohibiting minimum parking requirements do not apply as the site is not served by both public water and sewer. As such minimum parking requirements apply. Table 1015-1, Automobile Parking Space Requirements, requires two bicycle parking spaces per classroom for Elementary Schools for a total of twelves spaces. The applicant proposes to use a portion of the existing parking area to serve the classrooms. The existing parking area includes ninety-six parking spaces, which is adequate to serve both the school and existing uses on the site. A Condition of Approval will require the applicant to install signs reserving the twelve parking spaces for school parking during school hours.

Table 1015-3, Minimum Required Bicycle Parking Spaces, requires two bicycle parking spaces per classroom for Elementary Schools. The six classrooms require twelves bicycle parking spaces. The application materials do not demonstrate that that twelves parking spaces will be provided. A Condition of Approval requires the applicant submit updated plans with the twelve required bicycle parking spaces demonstrating the minimum bicycle parking requirements included in ZDO Section 1015 are met.

As conditioned, these standards are met.

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

Private schools are an institutional use as defined by ZDO 202. Therefore, this use is subject to the standards for the design, placement, and accessibility of trash enclosures in Section 1021.

Finding: The applicant states there is an existing 10-foot x 5-foot trash and recycling area near the main entrance of the primary building (northwest corner of the main parking lot) set on a concrete pad, enclosed with a chain link fence with privacy slats, and “No Parking” signage posted on the front. The applicant anticipates the existing receptacles have sufficient capacity to manage any additional waste and recycling generated by the new modular classrooms and states they will increase receptacle sizes, if necessary.

The garbage/recycling company reports the current service level is a 1.5 yard garbage container (84-inches wide x 36-inches deep) and a 95 gallon recycling cart (30-inches wide x 34-inches) that are serviced weekly. The existing enclosure does not satisfy the spacing requirements and may be missing other elements (bumper curb and gate details missing). The garbage/recycling company has confirmed they cannot increase the receptacle sizes due to space limitations; however, they can increase frequency if more service is needed. There is adequate space to expand the enclosure to establish suitable services, or the applicant can request modification pursuant to 1021.08.

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. As conditioned, these standards can be met.

12. 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 December 24, 2025, and deemed incomplete on January 22, 2026. Additional materials were submitted on June 2, 2026, June 9, 2026, and June 10, 2026. The application was deemed complete on June 10, 2026. Additional materials were submitted on June 30, 2026. This standard is met.

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

12A. Finding: The subject property is located in the RA-2 zoning district. The proposed use is the addition of two modular school units, each with two classrooms for Kindergarten through Fifth Grade, which is a Conditional use in the zoning district. 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.

12B. Finding: The site is suitable for the proposed expansion of Christ the Vine Church’s educational program with the additional of two modular school buildings. The educational program has been operating on the site in varying capacities for around 30 years. Schools are often integrated within residential neighborhoods, allowing for convenient access and community connection. Additionally, churches also commonly include childcare or educational programs. There is ample space to provide for the expansion on the site. As described in the above findings, the location of the addition was carefully considered to ensure for optimal functioning on the site. The site is flat and the placement of the modular school buildings will not require significant alteration of the site’s topography. The existing church and landscaping provide screening from offsite view. The existing parking area is large enough to accommodate parking and queuing during drop-off and pick-up time. 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.

12C. Finding: County engineering staff provided the following findings:

Table 5-2a of the TSP establishes the applicable motor vehicle capacity evaluation standards for the urban area. Those standards apply during the midday and PM peak hours, rather than the AM peak hour. Accordingly, the County’s transportation policies do not require an AM peak-hour capacity analysis for this application.

The school’s primary weekday traffic occurs during the morning arrival and afternoon dismissal periods. The proposed modular classrooms represent a relatively small expansion of the existing school use and are expected to have a negligible effect during the midday peak hour. The school’s afternoon dismissal traffic also does not coincide with the highway PM peak hour. The additional trips associated with the expansion therefore would not reasonably be expected to cause the County mobility standard to be exceeded.

Although the AM peak hour is not one of the applicable County mobility-analysis periods, that does not mean morning traffic concerns are irrelevant. Even assuming that some of the additional school traffic would coincide with the OR 212 AM peak, the anticipated increase is relatively small and would not be expected to create a material operational impact requiring a formal Traffic Impact Study.

The site takes access directly to OR 212, and there are no County roadway facilities in the vicinity that would be materially affected by the proposal. ODOT is the roadway authority responsible for OR 212, and ODOT also determined that a Traffic Impact Study was not necessary. The County’s review also considers whether a proposal presents an identifiable traffic safety concern requiring additional evaluation or mitigation. The documented crash history near the site does not indicate a crash pattern associated with the school access or another safety condition that would warrant a formal traffic study.

For these reasons, the absence of a separate AM peak-hour discussion in the original waiver email should not be interpreted to mean that morning traffic was disregarded. Rather, the AM peak hour is not an applicable County capacity- evaluation period, and the scale of the proposed expansion does not indicate that it would create a material operational or safety impact.

(Exhibit 20).

Neighbors’ unsupported concerns with the traffic and safety impacts of the proposed use are not sufficient to overcome the expert testimony from County and ODOT engineering staff. There is no dispute that there have been crashes on SW Highway 212 in this area. But, based on the crash history, the number and types of crashes does not rise to the level of concern or indicate a specific hazard. The Institute of Transportation Engineers (ITE) Traffic Access and Impact Studies for Site Development – A Recommended Practice states that “Accident rates vary, but any intersection with more than one accident per million entering vehicles is worth of additional analysis.” The action rate of 1 crash per million entering vehicles is based on reported crashes. Not all crashes are reported. However, there is no substantial evidence that this location experiences an unusually high number of unreported crashes. The hearings officer finds that the reported crash history is the best evidence available regarding the crash history for this area.

The applicant cannot be required to provide a left-turn lane at the SE Wyeast Avenue/SE Highway 212 intersection as this use will generate a minimal increase in the number of left-turn movements at this intersection. Applicants are not required to remedy all perceived and existing deficiencies in the vicinity of a development. The County Code requires an applicant to mitigate impacts a development causes or to which it contributes significantly. Although traffic from this use will contribute to the need for a left-turn lane at this intersection, that need exists largely because of existing development. It would be inequitable to require an applicant to bear the full burden of improvements where the proposed development is only responsible for a small portion of the problem. In addition, based on the U.S. Supreme Court decisions in Nollan v. California Coastal Com., 483 U.S. 825, 836-37 (1987), and Dolan v. City of Tigard, 512 U.S. 374, 391-395 (1994), in order to require a left-turn lane, an exaction, the County must prove that there is an essential nexus between the need for the required exaction and the impacts of the proposed development and that the cost of the exaction is roughly proportional to those impacts. There is no evidence to that effect in the record.

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.

12D. Finding: As described in the applicant’s narrative materials and is evident with a review of the site’s permitting history, Christ the Vine Church has operated educational facilities of varying degrees for over 30 years. The area surrounding the subject property is rural residential and low density residential. The existing education programs have been operating in harmony with the surrounding land uses for the 30 years of operation. As noted above, schools and churches are frequently integrated into residential neighborhoods.

A common concern related to schools in residential areas is the impact of drop-off and pick-up on traffic patterns in the area. The applicant submitted a drop-off and pick-up plan demonstrating that the existing parking area can accommodate the queuing of 50 cars, which should be sufficient for the anticipated maximum of 96 students. Additionally, Clackamas County Engineering reviewed the proposal and did not have concerns regarding increased vehicle trips.

The modular school buildings are proposed to be placed at the rear of the site with a significant distance between the buildings and adjacent rights-of-way. The applicant proposes to plant cypress trees as landscape screening along the east property line, and will utilize the existing cypress trees on the north and west property line to screen the visual impact of the modular school buildings. The applicant’s narrative states that the only view of the two new modular buildings will be from the intersection of SE Highway 212 and SE 187th Avenue and portions of SE 187th Avenue. The view will be obscured and structures are setback a significant distance from the property line.

Assertions that the applicant is currently operating a school on the site without County approval are irrelevant as approval of this application will authorize the school use.

This criterion is met.

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

12E. Finding: The hearings officer 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 are applicable. 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.

While the applicant’s narrative did not specially address Chapter 4, the proposal consists of a conditional use permit that includes findings demonstrating that the proposed expansion of the Christ the Vine Church educational program are in accordance with the policies within Chapter 4.

The applicant’s narrative addresses Chapter 5 requirements for coordination with the Oregon Department of Transportation stating that the applicant contacted the Oregon Department of Transportation (ODOT) staff as directed. ODOT did not require a Traffic Impact Analysis and did not require any improvements to Highway 212.

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

The applicant’s narrative addresses the stormwater related provisions of Chapter 7 stating that the existing stormwater facilities will be used to detain and treat excessive run off. The narrative includes an analysis of the impact of additional impervious surfaces and states that at the time of building placement and fire access lane installation, the applicant will comply with all applicable stormwater and erosion control regulations at the time of development.

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.

12F. Finding: This criterion is met based on the findings regarding ZDO Section 1000 above.

D. CONCLUSION

Based on the findings and discussion provided or incorporated herein, the hearings officer concludes that Case No.Z0519-25 (Christ the Vine School) should be approved, because the application does or can comply with applicable standards of the Clackamas County ZDO, provided it is subject to conditions that ensure timely compliance in fact with the ZDO and relevant Comprehensive Plan Policies.

E. DECISION

Based on the findings, discussion and conclusions provided or incorporated herein and the public record in this case, the hearings officer hereby approves Z0519-25 (Christ the Vine School) subject to the following conditions:

Conditions of Approval:

1.   Approval of this land use permit is based on the submitted written narrative and plan(s) filed with the County on December 24, 2026 and additional documents submitted on June 2, 2026, June 9, 2026, June 10, 2026, and June 30, 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 applicant shall install signs in the parking area reserving the required twelve parking spaces for school use only during school hours. [1015.02]

5.   The applicant shall work with the Oregon Department of Transportation and Clackamas County Department of Engineering to determine the minimum Right-of- Way dedication required to accommodate the future bikeway along HIGHWAY 212 and dedicate the necessary ROW. [1007]

6.   The applicant shall dedicate 4’ of Right-of-Way along the SE 187th Avenue frontage for a total of 24’ of ROW from centerline. [1007]

7.   The applicant shall grant an 8-foot wide public easement for sign, slope, and public utilities along the entire SE 187th Avenue right-of-way, consistent with Clackamas County Standards Drawing C110.

8.   Any frontage improvements in, or adjacent to Clackamas County right-of-way, or on-site, shall be in compliance with Clackamas County Roadway Standards.

9.   Prior to issuance of a Building Permit:

•     The applicant to shall submit plans showing the twelve required bicycle parking spaces. [1015.03]

•     The applicant is required to confirm with Clackamas County Service District No. 5 Street Lighting if street lighting will be required and provide evidence to the Planning Department. [1006.02]

•     A septic permit approving the applicant’s onsite wastewater treatment plan/system is required prior to the issuance of building permits for the placement of the modular school units. [1006.05]

•     The applicant shall submit the following to the Clackamas County Engineering Office: o 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.

•     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.[1021]

10. 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)]

11. Prior to site improvements: a Development Permit is required from the Engineering Department for review and approval of emergency access road, erosion control Best Management Practices implemented, sight distances and onsite illuminated pedestrian walkway. The permit shall be obtained prior to commencement of site work and Certificate of Occupancy. To obtain the permit, the applicant shall submit approvable plans. 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.

12. Prior to Site Improvements: Submit approvable construction Plans showing all required improvements. All proposed and required improvements shall be designed, constructed, inspected and approved pursuant to Clackamas County Roadway Standards:

•     Provide a paved entrance to SE 187th Ave along the northern property lot line meeting requirements of standard drawing D500.

•     Provide an emergency access road minimum 20-feet in width meeting standard drawing R100.

•     Maintain positive drain flow throughout disturbed area using erosion control Best Management Practices.

•     Provide a minimum five-foot wide illuminated pedestrian walkway from the existing pedestrian walkway extending to both proposed modular buildings with positive drainage shall be provided

•     Provide written approval from Clackamas Fire for emergency access, circulation and fire suppression

13. Prior to Final Inspection: the applicant shall provide and maintain minimum intersection sight distances at the proposed shared private road intersection with SE 187th Avenue. Intersection sight distance shall restrict plantings at maturity, retaining wall, embankments, trees, fences or any other objects that obstruct vehicular sight distance. Minimum required intersection sight distance is 280-feet along SE 187th Avenue.

DATED this 18th day of August 2026.

Joe Turner, Esq., AICP

Clackamas County Land Use Hearings Officer

Appeal Rights

ZDO 1307.14(D)(6) provides that, with the exception of an application for an Interpretation, the Land Use Hearings Officer’s decision constitutes the County’s final decision for purposes of any appeal to the Land Use Board of Appeals (LUBA).            State law and associated administrative rules promulgated by LUBA prescribe the period within which any appeal must be filed and the manner in which such an appeal must be commenced.  Presently, ORS 197.830(9) requires that any appeal to LUBA “shall be filed not later than 21 days after the date the decision sought to be reviewed becomes final.” This decision will be “final” for purposes of a LUBA appeal as of the date of mailing (which date appears on the last page herein).