Hearings Officer: Z0085-26 - Sept. 24, 2026

Notice

Applicant: Rex Atkinson

Property Owner: Tina Horn

Proposal: Conditional Use Review for a utility facility otherwise not listed for a two single story, unmanned 864 SF premanufactured fiber optic utility building(s) that will act as an infrastructure component to their underground fiber-optic network. The building(s) are a precast concrete building with a smooth gray painted finish, that is set on and anchored to a concrete foundation. There will be no antennas, towers, or dishes at the site for these buildings. The facility will be an unoccupied facility that is not open to the public and locked at all times. Access is only permitted by trained and authorized service personnel on a very infrequent basis. The building(s) will be within a 110x86 fence lease area that will also include ground equipment and two generators.

Applicable Zoning and Development Ordinance Criteria: Sections, 202 Definitions, 316 (RRFF-5 Base Zone), 1000s (Development Standards) and 1203 (Conditional Uses). These criteria may be viewed online.

Site Address and/or Location: 59565 E Hwy 26, Sandy, 97055

Assessor’s Map: T2S, R6E, Section 22DB, Tax Lot(s) 00200, W.M.

Property Size: 4.30 acres

Zoning: Rural Residential Farm Forest – 5 acre 

How to obtain additional information

Staff Contact: Aldo Rodriguez; 503-742-4541 or arodriguez@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: Hoodland CPO Contact: Marti Browne, email: Hoodlandcpo@gmail.com, phone: 503-516-4494

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 Sept. 17, 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.