Planning and Zoning

On occasion the Clackamas County Planning & Zoning Division mails color postcards to property owners in specific zones to notify them that a change in land use regulations has been proposed that could affect how an owner could use their property. The notice has the following statement at the top:

THIS IS TO NOTIFY YOU THAT CLACKAMAS COUNTY HAS PROPOSED A CHANGE IN LAND USE REGULATIONS THAT MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY AND OTHER PROPERTY.

Here are answers to a few questions you might have if you received such a notice.

"My heart arose in gratitude to God that we had been spared to reach this land! Six long months have elapsed since we left our native land, and now after having passed through dangers seen and unseen, sickness, trial and difficulty, toil and fatigue, we are safely landed on the Pacific shores!"

Ester Hanna
September 16, 1852

The Barlow Road in Clackamas County

Many early pioneers recorded their journey along the Barlow Road, the westernmost segment of the Oregon Trail, in their diaries and journals. In doing so, they not only documented their daily life along the trail, but described the location of this historic roadway.

With this information and physical evidence from the historic roadway, history buffs, property owners and archeologists have been able to determine the location of the Barlow Road in Clackamas County. The preservation of the Barlow Road began with the pioneers, has been managed through numerous property owners and historians, and is now the responsibility of the current land owners.

In 1993, the Barlow Road Management Plan was adopted by the Clackamas County Board of Commissioners through an extensive public process. The Plan outlined ways to preserve the Barlow Road for education and enjoyment today and in the future, and identified the need to develop a brochure to aid property owners in maintaining their portion of the Barlow Road.

Today there are traces of the original Barlow Road on only 11 miles of the total 50-mile Barlow Road Historic Corridor in Clackamas County. Much of the road has vanished (often in recent years) due to residential and commercial development, agricultural use and natural erosion. The low visibility of many of the remaining traces also makes them vulnerable, particularly when involving a variety of property owners who may be unaware of the remnants, have varying degrees of interest or do not know how to care for the road. Therefore, the following information is provided to help protect and preserve existing road remnants and the historic landscape to avoid further loss.

Eight simple guidelines

1. Let low native grasses grow
   Native vegetation helps prevent erosion of the land.
2. Leave the larger trees (over 18 inches in diameter)
   These trees help date the road and may determine when the road was abandoned.
3. Leave rocks and boulders in place
   Rocks were often moved by pioneers to make way for their wagons.
4. Do not disturb the surface of the roadway
   Leave the soil and original grade of land intact for research purposes.
5. Prune trees if needed
   Prune during the spring or fall to avoid damage to their natural growth pattern.
6. Remove seedlings, fallen trees and brush from the roadbed
   This should not be done with heavy equipment, which may disturb the road surface.
7. Search for artifacts
   Look for nails, barrel rims, horseshoes, ox shoes, signs of structures, etc. on the surface and for 200 feet either side of the trail. Leave objects where they are found, but mark the spot or document the object's location so it can be used in the future by research historians. Seek assistance when unable to determine the historical nature of possible artifacts.
   Contact the Clackamas County Department of Transportation and Development with any information which can be included with other Barlow Road documentation.
8. Remove non-historic items
   Remove any trash or objects foreign to the historic character of the roadbed.

Preserving the road

Preservation, in general, means the least change and the most respect for historic sites which, in this case, is primarily the land and vegetation itself. The Barlow Road, being the final segment of the Oregon Trail, is different from other portions in the United States because it traverses through land forested with Douglas-fir. Most wagon ruts are no longer visible and vegetation is often very dense. The road now appears as a flat open swale or depression of land roughly 8 to 10 feet wide, often overgrown with brush or berries with larger trees and sometimes boulders on either side of the swale. In order to retain the atmosphere of what the settlers may have seen along the way, the width of the road and its contour should not be altered. The older trees and plants should be preserved because the trees can help date the trail and the other native vegetation protects it from erosion. Therefore, the property can be maintained with a small amount of effort.

Not every property along the Barlow Road Historic Corridor has clearly visible remnants of the road. However, those properties with little physical evidence are important because they are part of the historic corridor and contribute to the continuity of the entire Barlow Road.

Why preserve?

Preserving historic roads creates a connection with and appreciation for how people traveled and lived during the Western emigration. The remaining bits of evidence along the road may be few and far between, but they are elements of an important chapter in Oregon history. Each property is part of a network that makes up the history of the Barlow Road, and the Barlow Road Historic Corridor can only he managed through a partnership with the property owners. Participation in this preservation program is voluntary. Property owners who are active in maintaining their land should be praised for their dedication and hard work, and encouraged to continue their efforts. Property-owner stewardship is essential for saving this invaluable and irreplaceable piece of history and the only way to keep the Barlow Road Historic Corridor intact for future generations.

For more information, contact:

Historic Resource Planner
Clackamas County Department of Transportation and Development

Special thanks to:
Mazamas
US Forest Service

Cover Photo:
Oregon Historical Society
Negative Number OrHi 178 Lot 606

Published 1983. Revised 2008.

• Accessory Dwelling in Conjunction with Farm Use
• Accessory Historic Dwelling
• Address Request
• Agri-Tourism or Other Event or Activity
• Appeal Form
• Comprehensive Plan Map Amendment and Zone Change
• Conditional Use
• Credit Card Authorization Form
• Design Review
• Dwelling in Conjunction with a Farm Use on High or Low Value Farm Land
• Dwelling Not in Conjunction with a Farm Use
• Event Information Form
• Farm Stand
• Floodplain Development - Type I
• Floodplain Development - Type II
• Floodplain Development Information
• Forest Dwelling
• General Land Use Application
• HCA Development
• HCA Map Verification
• HCA WQRA Construction Management Plan Information
• Historic Property Alteration, New Construction, Moving, Demolition
• Historic Property Maintenance
• Home Occupation
• Home Occupation Exception
• Hydrogeologic Review Reports Preparation Guidance
• Lot of Record Dwelling on Low Value Farmland
• Marijuana Processing in AGF or EFU Districts
• Marijuana Processing, Production, or Wholesaling in Industrial Zoning Districts - LUCS Approval
• Marijuana Production in AGF, EFU, or TBR Districts
• Marijuana Production in FF-10 or RRFF-5 Districts
• Marijuana Retailing
• Marijuana Statement of Use or Uses
• Mass Movement Hazard Area Development
• Middle Housing Land Division
• Mobile Vending Unit - Level 2
• Mobile Vending Unit - Level 3
• Modification
• Multiple Dwelling Land Division in AG/F or TBR Districts
• Nonconforming Use
• Partition
• Pre-Application Conference Information and Request Form
• Preliminary Statement of Feasibility
• Principal River Conservation Area Review
• Property Line Adjustment Type I
• Property Line Adjustment Type II
• Recreational Vehicle as Second Dwelling
• Relative Farm Help Dwelling
• Replacement Dwelling Agreement Form
• Replacement Dwelling in AG/F, EFU and TBR Districts
• Replat
• Research Request
• Road Name for a Partition or Subdivision
• Shelter Siting Application
• Sign Without a Building Permit
• Site Plan Sample
• Statement of Use - DMV
• Steep Slope Review as Type I
• Steep Slope Review as Type II
• Stream Conservation Area Review
• Subdivision
• Temporary Dwelling for Care
• Temporary Dwelling While Building
• Temporary Emergency Shelter
• Temporary Use Otherwise Prohibited
• Time Extension
• Utility Facility in EFU District
• Variance
• Vested Right Determination
• Willamette River Greenway
• Willamette River Greenway Dock or Boathouse
• Wireless Telecommunication Facility - Level One
• Wireless Telecommunication Facility - Level Two as a Primary Use
• WQRA Boundary Verification
• WQRA Development Permit
• Zone Change

 FIRST ASSIGNMENT OF ERROR: Goals Exception, House Bill 3214 and amendments to OAR 660-004-0018(2).

1. Despite the LUBA decision requiring a Reasons Exception, the Board finds that House Bill 3214 resulted in amendments to OAR 660-004-0018(2).
2. In House Bill 3214 the Oregon Legislature directed the LCDC as follows: "The [LCDC] shall adopt or amend rules regarding the statewide planning goal criteria described in ORS 197.732(2)(a) and (b). The rules adopted or amended pursuant to this subsection must allow a local government to rezone land in an area physically developed or committed to residential use, as described in ORS 197.732, without requiring the local government to take a new exception to statewide planning goals related to agricultural and forest lands. The rules must allow for a rezoning that authorizes the change, continuation or expansion of an industrial use that has been in operation for the five years immediately preceding the formal land use planning action that was initiated for the change, continuation or expansion of use."
3. The LCDC amended OAR 660-004-0018(2) to allow physically developed or irrevocably committed exceptions "to those that satisfy (a) or (b) or (c) and, if applicable, (d):" which no longer requires compliance with all subsections of Section -0018(2) to avoid a Reasons Exception under Section -0018(4).
4. The Board finds the subject area was never zoned for agricultural or forest use because the County zoned the subject property RRFF-5 and designated it Rural in 1980.
5. The Board finds that its original findings relating to satisfaction of OAR 660-004-0018(2)(b)(A)-(C) together with the LUBA's findings at page 9- "We think the county's findings are adequate to explain why the RI plan and zone designations meet OAR 660-004-0018(2)(b)(A)-(C)." show that an exception to Goals 3 and 4 is not required.

SECOND ASSIGNMENT OF ERROR: Future driveway relocation and ODOT safety requirements.

1. The Oregon Department of Transportation standards require that when a development application is submitted to the County, the access to the site is to be relocated to comply with sight distance safety standards.
2. The Board finds that the location of the future driveway access is approximately 100 feet to the north of the northern existing driveway access to State Highway 213 according to the revised traffic study submitted by Lancaster Engineering.
3. The Board finds that two applicable standards apply to the driveway in its present and relocated position, ODOT sight distance safety standards applicable to Hwy 213 and the County's historical commitment Policy 3.0(a). The Board finds that rezoning the driveway in its present location is permissible without a development application and because that driveway has a clear historical commitment to industrial uses under Policy 3.0(a). When balancing the interests of the County in promoting transportation safety against rezoning the driveway in its present location the Board finds that Conditions of Approval 2 and 3 which require relocation of the driveway access within one year should remain in force which provides the applicant with increased transportation safety on State Highway 213. The Board also finds that when the driveway is abandoned in its present location and relocated according to Conditions of Approval 2 and 3 to preserve transportation safety, the historical commitment to industrial uses which is long standing at the driveway's present location must be balanced against the interest of the County and State in providing safe transportation facilities and that long standing commitment supports the finding of rezoning the driveway in its future location under the Board's sound interpretation of its own Policy 3.0(a).

THIRD ASSIGNMENT OF ERROR: RI use consistency with the rural character of the area.

1. All adjacent and surrounding properties to the north, east, south and west, on the west side of Highway 213 are zoned RRFF-5 and are developed with residential, commercial and industrial uses. These properties have a rural character.
2. The Board finds this extensive record shows Hal's Construction is a paving contractor where the company's work occurs offsite. While there may be up to 40 employees employed by Hal's Construction, the Board finds that any onsite labor consists of clerical and equipment servicing and is only ancillary to the offsite work and is not labor intensive.
3. Because the existing industrial uses permitted under the RI are not labor intensive and because this rural area is a mix of rural uses the RI uses are consistent with the rural character for the area.

SEVENTH AND TENTH ASSIGNMENTS OF ERROR: Driveway Relocation Notice.

1. The subject property has two driveways which provide direct access to State Highway 214. Both driveways have inadequate sight distance to the south according to ODOT standards. The applicant proposed to remove both driveways and construct on new driveway further north based on ODOT safety requirements for sight distance.
2. ODOT has determined that there is a suitable location to construct a driveway to meet the minimum sight distance standards. This location is set out in Exhibit B to the Order.
3. The map showing compliance with the Oregon Department of Transportation's relocation for driveway access was distributed with the Notice for the remand hearing which provides for review and response.

EIGHTH ASSIGNMENT OF ERROR: Site Use Limits.

1. The Board finds that amendments to OAR 660-004-0018(2) required by the Oregon Legislature in HB 3214 provide that the existing conditions of approval regarding site use limits are adequate.

NINTH ASSIGNMENT OF ERROR: Mitigation Based on a Revised Traffic Study and Conditions of Approval 4, 5 and 6.

1. The LUBA decision required a revised Traffic Impact Study by Lancaster Engineering to compare the most traffic generative uses in the RRFF-5 and RI zones in order to determine whether or not mitigation efforts need to be increased.
2. As the County previously found, the increased traffic under the RI zone would significantly affect two transportation facilities.
3. Comparing the most traffic generative uses in the RRFF-5 and RI zones in the revised transportation report, the mitigation efforts set forth in Conditions 4, 5, and 6 are sufficient to comply with the Transportation Planning Rule.
4. The County finds that mitigation set forth in Conditions 4, 5, and 6 need to be completed within 1 year of this Decision.

TENTH ASSIGNMENT OF ERROR: Compliance with CCZO 1202.01(E). 

1. CCZO 1202.01(E) requires that the safety of the transportation system is adequate to serve the level of development anticipated by the zone change.
2. The revised Traffic Study prepared by Lancaster Engineering addresses safety concerns from the relocation of the driveway access for the site. The Board finds that the standard in CCZO 1202.01(E) is satisfied.