Hearings Officer: Z0246-26 - Sept. 10, 2026

Notice

File Number:  Z0246-26

Applicant:   David Richards, Estacada Cemetery Maintenance District Board Member

Property Owner:  Donald Robert Smith

Proposal: Provide the Estacada Cemetery with the ability to expand onto the property to the north by moving the existing fence 150 feet.

Applicable Zoning and Development Ordinance Criteria:  Sections 202, 406, 1203, 1307, and the applicable 1000s.

These criteria may be viewed online

Site Address and/or Location: No situs, The property is approximately 600 feet north of the intersection of S Metzler Park Rd and S Warnock Rd.

Assessor’s Map:  T04S, R04E, Section 08, Tax Lot(s) 00600, W.M.

Property Size:  36.8

Zoning:  Timber (TBR) 

How to obtain additional information

Staff Contact: Joy Fields ; 503-742-4510 or jfields@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: Estacada - 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 Aug. 27, 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.

Actions

x Closed Hearing:

x Closed Record

• Decision expected within 2 weeks.

Decision

Before the Land Use Hearings Officer
Clackamas county, Oregon

Regarding an application by David Richards to expand the existing Springwater Cemetery, located at 25365 S. Metzler Park Road, by moving the existing fence north onto a portion of the abutting property, in unincorporated Clackamas County, Oregon

Case File No: Z0246-26 (Springwater Cemetery)

Final Order

A. Summary

1. The applicant, David Richards Estacada Cemetery Maintenance District Board Member, requests conditional use approval to expand the existing Springwater Cemetery, by moving the existing fence 600 feet north, onto a 40,469 square foot portion of the abutting vacant property. The existing Springwater Cemetery is located on a 2.7-acre parcel at 25365 S. Metzler Park Road (the “existing cemetery”). The parcel to the north of the existing cemetery is known as tax lot 00600, Section 08 ,Township 4 South, Range 4 East, of the Willamette Meridian, Clackamas County (the “site”). The site and properties to the north and west are zoned TBR (Timber). Properties to the south, including the existing cemetery, southwest, and east are zoned EFU (Exclusive Farm Use). The applicant proposes to create an easement over a 40,469 square foot portion of the site for expansion of the existing cemetery, (the “easement area”).

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 September 3, 2026, (the “Staff Report”). The applicant accepted the findings and conditions of approval as recommended by County staff, as amended at the hearing, without exception. One person submitted written testimony in support of the application, (Exhibit 3). No one else testified orally or in writing, other than public service providers and agencies.

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 September 10, 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 Joy Fields summarized the Staff Report and her PowerPoint presentation.

a. She noted that the applicant proposed to expand the existing Springwater Cemetery by moving the existing fence 600 feet north, onto the site. The applicant proposes to create an easement over a 40,469 square foot portion of the site for expansion of the existing cemetery.

b. The existing Springwater Cemetery is a nonconforming use. Therefore, the County is reviewing the proposed expansion as a new cemetery. The site and tax lot 700 to the southwest are owned by the same person and constitute a single tract of more than 50 acres. Therefore, the application complies with the minimum lot size requirement of ZDO 808.01.

c. No buildings, utilities, lighting, are proposed and the expansion is not expected to generate any additional traffic. Therefore, the application complies with ZDO 1203.03.D.

d. She requested the hearings officer modify proposed condition of approval 4 to state that the applicant may implement the use for purposes of ZDO 1203.05 by submitting a statement that they have relocated the fence to the north boundary of the easement on the site and begun mowing the easement.

3. The applicant, David Richards, testified in support of the application. He accepted the findings and conditions in the Staff Report, as modified at the hearing, without exceptions. He waived the applicant’s right to submit a final written argument.

4. At the end of the public hearing, the hearings officer closed the record and announced his intention to approve the application subject to the findings and conditions in the Staff Report, as modified at the hearing.

C. Discussion

The hearings officer adopts the following findings as his own.

1. ZDO Section 202, Definitions

Section 202 provides definitions for certain terms found within the Zoning and Development Ordinance (ZDO).

INSTITUTIONAL USE: The use of land and/or structures for activities such as child care, adult daycare and pre-school facilities, public and private schools, colleges, universities, art, music, trade and other educational and training facilities, convalescent care facilities, nursing homes, hospitals, places of worship, fraternal lodges, municipal and civic buildings, transit centers and park-and-ride facilities, parks, swimming pools and other recreational facilities open to the public or a membership group, senior and community centers, libraries, museums, cemeteries and mausoleums, utility facilities, and similar public and private uses.

TRACT: One or more contiguous lots of record under the same ownership…

2. ZDO Section 406, Timber District (TBR)

Section 406 of the Clackamas County Zoning and Development Ordinance regulates the Timber District, including allowed uses. Table 406-1 identifies “Cemeteries” as a conditional use subject to 406.05(A)(1) & (6).

Finding: The applicant describes the proposed use on the subject property as a cemetery. The subject property is located in the Timber zoning district and “Cemeteries” are a Conditional use in the TBR district. The applicant submitted a conditional use permit for review. This criteria is met.

ZDO Subsection 406.05

A. General Criteria

1: The use may be allowed provided that:

a. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands; and

b. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel.

Finding: The applicant describes the impact to farm and forest uses and fire risk by stating in Exhibit 2 page 3 and 4:

There will be no significant change needed in the use of the TBR zoned property surrounding the easement parcel, and there are only positive impacts to fire risk by maintaining vegetation control in the cemetery area. ECMD standards dictate naturally non-combustible stone monuments further reducing fire risk.

Although the subject property does not currently contain a cemetery use, the property to the south has been and will continue to be used as a cemetery. Expanding that use onto the subject property by 40,469 square feet will not materially change the use of the access road or the surrounding area.

The local fire district has no comments regarding the proposal as seen in Exhibit 4.

These criteria are met.

6. A land division for the use may be approved pursuant to Subsection 406.09(D).

Finding: The applicant is not proposing a land division for the proposed cemetery use. This criterion is not applicable.

ZDO Subsection 406.07 Dimensional Standards

Subsection 406.07 establishes standards in the TBR District.

Finding: The applicant’s proposal, which includes no structures other than a fence, complies with the dimensional standards of the TBR district as modified by Subsection 903.07. Subsection 903.07 establishes that fences and walls have no setbacks unless explicitly identified in the underlying zone. The Timber zone does not have specific standards for fences. This criterion is met.

ZDO Subsection 406.08 Development Standards

A. Fire-Siting Standards for New Structures: Fuel-free break standards shall be provided surrounding any new structure approved after April 28, 1992, pursuant to a land use application, as follows:

Finding: As discussed above, the fence is not considered a structure for setback purposes, including fuel-free break requirements. The expansion area is outside the vegetation buffer area of the River and Stream Conservation area located on the property to the west and outside of the Willamette River Greenway. The applicant is not proposing new grave sites or structures in the expansion area at this time. These criteria are not applicable.

3. ZDO Section 800, Special Use Requirements

ZDO Subsection 808: Cemeteries And Crematories

808.01 Cemetery Standards

Cemeteries shall comply with the following standards:

A. Minimum Lot Size: The minimum lot size is 50 acres.

B. Location of Graves: Graves shall be located a minimum of 30 feet from any public right-of-way.

Finding: The Clackamas Tax Assessor’s office indicates that Donald R Smith owns the site, map and tax lot # 44E08 00600, and the adjacent parcel to the southwest, map and tax lot # 44E08 00700. Together these properties contain more than 50 acres. Therefore, the minimum lot size requirement is met. The applicant is not proposing grave sites at this time and did not indicate the location of future grave sites on the site plan. As conditioned these criteria can be met.

4. ZDO Section 1000, Development Standards

As stated in ZDO 1001 “Section 1000 applies to all development, as identified in Table 1001-1, Applicability of Section 1000.”

Institutional uses include cemeteries and are subject to the following:

5. 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 currently vacant timber land. The easement portion of the site, where the cemetery is proposed, is generally flat, but there are steeper slopes in the northern portion of the site. The property is located outside of the deer and elk winter range, as identified on Comprehensive Plan Map III-2. The subject property is outside both the Metropolitan Service District Boundary and the Portland Metropolitan Urban Growth Boundary and the proposed use is more than 390 feet from any river and stream corridor standards that are subject to ZDO 1002.04. There is no evidence of excessive tree removal on site. This land use application will approve the removal of many trees on site, as needed for future grave sites. These criteria, as applicable, are met.

6. 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 easement portion of the site, where the cemetery is proposed, 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, is not within the flood hazard area, and contains no steep slopes. The site plan provided by the applicant included one-foot contours. Thus, the site plan gave the impression of steep slopes. The applicant’s narrative for pre-application conference ZPAC 0115-25 (Exhibit 5) indicates slopes are 6-18 percent in the easement area. The 10-foot contour lines included in the image below show the easement expansion area is relatively flat.

The property is outside the Urban Growth Boundary and it has unknown wildfire risk since the Oregon Wildfire Risk maps produced by ODF and Oregon State University has been repealed by the passage of 2025 Senate Bill 83. The property is served by Estacada Fire District #69. The Estacada Fire District did not have any comments for the proposal (Exhibit 4).

The subject property is not a Historic Landmark, and the site is not located in a Historic District or Historic Corridor. Therefore, there are no known historic resources on the subject site.

These criteria, as applicable, are met.

7. 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.

Finding: The applicant has indicated that no buildings, parking areas, or lighting are proposed in the cemetery expansion area considered by this application. These criteria are not applicable.

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

Section 1006 addresses the coordinated installation of utilities that are consistent with the rules and regulations of the regulatory authority, including any required easements. Utility service lines are required to be underground unless otherwise prohibited by the utility district or company.

Finding: Non new roads or intersections are proposed, eliminating the need for street lights. No water, sewer, septic, or impervious area is proposed in this application. These criteria are not applicable.

9. ZDO Section 1007, Roads and Connectivity

The location, alignment, design, grade, width, and capacity of all roads shall be planned, coordinated, and controlled by the Department of Transportation and Development and shall conform to Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards. Where conflicts occur between Section 1007, the Comprehensive Plan, and the Clackamas County Roadway Standards, the Comprehensive Plan shall control.

Right-of-way dedications and improvements shall be required of all new developments, including partitions, subdivisions, multifamily dwellings, two- and three-family dwellings, condominiums, single-family dwellings, and commercial, industrial, and institutional uses, as deemed necessary by the Department of Transportation and Development and consistent with Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards.

Developments shall comply with the intersection sight distance and roadside clear zone standards of the Clackamas County Roadway Standards.

Transportation Facilities Concurrency applies to the following development applications, with exceptions: design review, subdivisions, partitions, and conditional uses.

Finding: The Clackamas County Development Engineering division reviewed the application materials and provided no comments. The applicant indicated that there are less than 8 vehicle trips a week for 150 gravesites and that the use of the expansion area is unknown at this time.

The applicant is required to provide adequate on-site circulation for the parking and maneuvering of all vehicles anticipated to use the site in accordance with ZDO Section 1015 and applicable Roadway Standards requirements. The minimum width of the access road would need to meet the roadway standards.

As proposed, these standards can be met with conditions.

10. ZDO Section 1009, Landscaping

The location, type, design, maintenance, and amount of landscaping is subject to the requirements of this section. Buffering and screening as well as parking lot landscaping are established by this section.

Finding: The standards of Section 1009 apply to all institutional developments and conditional uses. However, the Minimum Landscaped Area established by Table 1009-1 for conditional uses does not require a minimum area within the TBR zone. The proposed use is the expansion of the existing cemetery on the property south of the site. The expansion does not include any new lights or noise that need to be buffered or screened from adjacent residential properties. The traffic impacts identified by the applicant in Exhibit 2 indicate that there are approximately 8 visitor to the existing cemetery per week. These criteria are not applicable.

11. ZDO Section 1010, Signs

1010.08 Signs in for Institutional Uses. Pursuant to Section 1010.07, any signage associated with and institutional use in the Natural resource districts (e.g. EFU, TBR and Ag/F) is subject to the applicable standards of Section 1010 and Subsection 1010.08.

Finding: The standards of Section 1010 apply to all institutional developments; however, the applicant has not proposed any additional signage with this development. Therefore, the standards of this section are not applicable at this time. Any future signage on site shall comply with this section. A condition of approval is included to offer guidance on allowed signage should the applicant choose to provide signage at a later date. As proposed, these standards are not applicable.

12. ZDO Section 1015, Parking and Loading

Outside the Urban Growth Boundary (UGB), areas used for parking, loading, and maneuvering of vehicles shall be surfaced with screened gravel or better, and shall provide for suitable drainage [1015.01(B)]. Off-street parking areas are governed by Subsection 1015.02(A) and minimum automobile parking space requirements are provided in Table 1015-1.

Finding: Section 1015 provides the standards for off-street motor vehicle parking requirements. In the event that a use or structure is not specifically listed in Table 1015-1, it is subject to the requirements for the most similar use. The land use categories in Table 1015-1 do not provide parking requirements for cemeteries. Parking requirements for Places of Worship is calculated on a per seat basis. However, with no structures or meeting spaces, the proposed cemetery is not similar to the Places of Worship for calculating parking requirements. Thus the hearings officer finds that the proposed cemetery is not similar to any of the uses listed in Table 1015-1; however, the parking demand is most similar to “on-site vehicular parking for employees, customers and visitors, determined through Conditional Use process” like the surface mining standards.

The proposed cemetery will operate as an unstaffed facility. There is a need to accommodate at least one vehicle for occasional maintenance and inspection needs of the unstaffed facility. At least one 8.5 feet wide by 16 feet long parking space shall be provided. Designated vehicle parking spaces will be required to comply with ZDO Section 1015 dimensional requirements and require a surface of screened gravel or better. The 2025 aerial image for the existing cemetery shows that there is a gravel drive that currently serves the parking needs for visitors and maintenance workers:

The applicant is required to provide adequate on-site circulation for the parking and maneuvering of all vehicles anticipated to use the site in accordance with ZDO Section 1015 and applicable Roadway Standards requirements. The Transportation and Engineering Staff indicated that they will evaluate the permit needs with the applicant prior to initiation of the proposed use.

As conditioned, this criterion can be met.

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

This section outlines the standards for refuse and recycling for commercial developments.

Finding: The requirements and standards of Section 1021 are applicable to an “institutional use”; yet since the development site will be an unstaffed cemetery and the proposal does not include any administrative offices, workshop, or other areas for employees to work, it is unlikely that there is any garbage or recycling generated by this proposed use. Based on the scope of work of the proposal the hearings officer finds that there is no need for solid waste and recycling material collection on site. These criterion are not applicable.

14. ZDO Section 1203 Conditional Uses

ZDO Subsection 1203.01 Purpose and Applicability

Section 1203 is adopted to provide standards, criteria, and procedures under which a conditional use may be approved.

Finding: The applicant submitted a conditional use application for a new cemetery use on a Timber zoned property as required by ZDO Section 406. This criterion is met.

ZDO Subsection 1203.02, Submittal Requirements

Finding: The application includes a site plan, application fee, and a completed land use application form application addressing the criteria in ZDO Section 1203. The application was deemed complete on July 27, 2026, after receiving additional information about the usage of the cemetery proposed on the site.

Preliminary statements of feasibility are not warranted for this application as no buildings, water, onsite wastewater treatment, or parking areas are proposed. This criterion is met.

ZDO Subsection 1203.03, General Approval Criteria

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

Finding: Cemeteries are listed as a conditional use in TBR zone. This application is limited to the proposed cemetery use within the 40,469 square foot easement area of the site. The existing cemetery use on the adjacent parcel to the south, map and tax lot # 44E08 00800, is not part of this application and approval. Therefore, no findings are included for the nonconforming use criteria in ZDO Section 1206.

This criterion 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.

Finding: The subject property is a vacant forested parcel in the Timber zone. The proposed expansion area is outside of any known environmental overlays or stream buffer and stream corridor areas. The shape, size, relatively flat topography, location adjacent to an existing cemetery, and existing improvements of the road to the site all show the site is suitable.

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.

1007.07 TRANSPORTATION FACILITIES CONCURRENCY

A. Subsection 1007.07 shall apply to the following development applications: design review, subdivisions, partitions, and conditional uses.

B. Approval of a development shall be granted only if the capacity of transportation facilities is adequate or will be made adequate in a timely manner. The following shall be exempt from this requirement:

1. Development that is located:

a. In the Light Industrial, General Industrial, or Business Park District; and

b. North of the Clackamas River; and

c. West of Highway 224 (south of Highway 212) or 152nd Drive (north of Highway 212); and

d. South of Sunnyside Road (east of 82nd Avenue) or Harmony Road (west of 82nd Avenue) or Railroad Avenue (west of Harmony Road); and e. East of Interstate 205 (south of Milwaukie Expressway) or the city limits of Milwaukie (north of the Milwaukie Expressway).

2. Modification or replacement of an existing development (or a development that has a current land use approval even if such development has not yet been constructed) on the same property, provided that an increase in motor vehicle traffic does not result;

3. Unmanned utility facilities, such as wireless telecommunication facilities, where no employees are present except to perform periodic servicing and maintenance;

4. Mass transit facilities, such as light rail transit stations and park-and-ride lots;

5. Home occupations to host events, which are approved pursuant to Section 806; and

6. Development in Government Camp that is otherwise consistent with the Comprehensive Plan land use plan designations and zoning for Government Camp.

Finding: The proposed use is a cemetery. The proposal is an expansion of the existing cemetery located on the property to the south. However, that cemetery use does not have current land use approval and is not on the same property.

The applicant states in reference to ZDO 1007.07:

Expansion of the cemetery will result in absolutely NO increased traffic to the cemetery.

Therefore, for purposes of concurrency evaluation, the hearings officer considers this to be an expansion of the existing cemetery use on the parcel abutting the south boundary of the site, based on the aerial images reviewed for the last 8 years and the Google Earth aerial from 1985. 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.

Finding: The applicant does not identify the surrounding area or identify the primary uses allowed within that area in the findings for this criteria.

The applicant states:

The proposed use will be most impactful of the area is a freshly moved barbed wire fence. The fence will be similar in character with the existing surrounding area and will have zero impact on the timber growing anywhere near the proposed conditional use.

Using the narrative provided throughout the application, in addition to the photos and plans provided, the hearings officer agrees that expansion of the existing cemetery use onto the vacant property to the north will not limit, impair, or preclude the use of surrounding properties for timber, or farm and forest uses that are the primary uses in the Timber zone for the properties to the north and west, and the farm and forest uses in the EFU zone for the properties to the east, south, and southwest. This criterion is met.

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

Finding: The applicant identified that the use is an expansion of an existing use and is specifically listed as an allowed use under the TBR zoning. The hearings officer finds that the proposal meets the Timber District requirements that implement the goals and policies of the Comprehensive Plan for the Forest plan designation. This criterion is met.

1203.03 F: The proposed use complies with any applicable requirements of the zoning district and any overlay zoning district(s) in which the subject property is located, Section 800, Special Use Requirements, and Section 1000, Development Standards.

Finding: The application shows the proposed use complies with the applicable zoning district requirements, special use requirements and applicable development standards. This criterion is met.

ZDO Subsection 1203.04, VCS District Approval Criteria

In addition to the standards and criteria in Subsection 1203.03, a conditional use—except a wireless telecommunication facility—in the VCS District shall be subject to the following standards and criteria:

Finding: The site is not located in the VCS District. This criterion is inapplicable.

ZDO Subsection 1203.05, Approval Period and Time Extension

1. Approval of a conditional use is valid for four years from the date of the final decision. If the County's final decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void.
   1. Implemented means all major development permits shall be obtained and maintained for the approved conditional use, or if no major development permits are required to complete the development contemplated by the approved conditional use, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained. A major development permit is:
      1. A building permit for a new primary structure that was part of the conditional use approval; or
      2. A permit issued by the County for parking lot or road improvements required by the conditional use approval.
2. If the approval of a conditional use is not implemented within the initial approval period established by Subsection 1203.05(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

Finding: In this case, where no further permits are required and physical development is limited to moving a fence, the applicant may “implement” this approval by submitting evidence to the County demonstrating that the applicant has moved the fence to the northern boundary of the easement on the site and begun mowing the easement area. This criterion can be met as conditioned.

ZDO Subsection 1203.06, Discontinuation

If a conditional use is implemented pursuant to Subsection 1203.05 and later discontinued for a period of more than five consecutive years, the conditional use shall become void.

Finding: This criterion is informational only.

C. Conclusion

Based on the findings and discussion provided or incorporated herein, the hearings officer concludes that Case No.Z0246-26 (Springwater Cemetery) 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 Z0246-26 (Springwater Cemetery) subject to the following conditions:

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 July 22, 2026, and additional information submitted by email on July 27, 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 conditional use approval is valid for four (4) years from the date of the final written decision (ZDO 1203.05). During this four year period, the approval shall be implemented, or the approval will become void. In this case, where no further permits are required and physical development is limited to moving a fence, the applicant may “implement” this approval by submitting evidence to the County demonstrating that the applicant has moved the fence to the northern boundary of the easement on the site and begun mowing the easement area.
3. If the approval of a conditional use is not implemented within the initial approval period established by Subsection 1203.05(A), a two-year time extension may be approved pursuant to Section 1310, Time Extension. [ZDO 1203.05]
4. If a conditional use is implemented pursuant to Subsection 1203.05 and later discontinued for a period of more than five consecutive years, the conditional use shall become void. [ZDO 1203.06]
5. Graves shall be located a minimum of 30 feet from any public right-of-way. [ZDO 808.01(B)]
6. Prior to the installation of any permanent signs, a sign permit is required to evaluate compliance with the standards established in Section 1010. [ZDO 1010]
7. Prior to relocation of the existing fence or commencement of cemetery use within the expansion area, whichever occurs first, the applicant shall consult with Development Engineering regarding proposed and required onsite emergency access and public improvements to determine whether an Engineering permit is required. [ZDO 1007.01; 1015; and 1203.03(C)]

DATED this 21st day of September 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).