Comprehensive Plan Implementation: Phase 1
Consultation has concluded
FINAL ADOPTION HEARING WITH CITY COUNCIL ON APRIL 19TH!
INFORMATION AND LINKS BELOW.
NEW TREE CODE ADOPTED ON April 19, 2022 ! EFFECTIVE DATE: MAY 19, 2022.
FINAL ADOPTION OF HOUSING/PARKING CODE ON May 3, 2022. Effective date will be June 3, 2022.
City Council Hearing #7: April 5, 2022 for Final deliberations of the proposed Housing, Parking, and Tree codes.
Latest version of code amendments, updated on March 30, available here.
City Council continued public hearing #6 was held on March 29, 2022. Staff made a brief presentation, public testimony was taken, and Council continued deliberations. The hearing was continued to April 5 for final Council deliberation, with an anticipated vote to adopt on April 19.
Key changes:
- No off-street parking required for middle housing EXCEPT:
- 0.5 spaces/unit required for middle housing located on arterial and collector streets
- 0.5 spaces/unit required for townhouse developments over 8 units
- 0.5 spaces/unit required for cottage clusters
- Minimum lot size for single detached homes is 5,000 sq ft. Minimum lot size for townhouses and cottages in a cottage cluster remains at 1,500 sq ft and for duplexes, triplexes and quadplexes at 3,000 sq ft.
- All ADUs permitted up to 800 sq ft with 5 ft rear and side yard setbacks
City Council continued public hearing #5 was held on March 15, 2022. Staff presented responses to Council's questions from the March 1 hearing, public testimony was taken, and Council began deliberations. The hearing was continued to March 29 for continued Council deliberation, specifically on proposed parking regulations and the proposed 3,000 sq ft minimum lot size.
City Council continued public hearing #4 was held on March 1, 2022. The Housing and Parking discussion began with the staff presentation, clarifying questions from Council, and public testimony. No Council deliberation began. The hearing was continued to March 15 for the start of the Housing and Parking Council deliberation.
City Council continued public hearing #3 was held on February 15, 2022. Although Housing and Parking was slated to begin, the focus of the hearing was the proposed Tree Code and Tree Code Fees. The hearing was continued to March 1 for the start of the Housing and Parking discussion.
City Council continued public hearing #2 was held on February 1, 2022: Focus was the proposed Tree Code and Tree Code fess. Hearing continued to Feb. 15: Tree Code, Tree Code Fees, and the start of Housing and Parking.
City Council public hearing #1 was held on January 18, 2022: Focus was the proposed TREE CODE. Hearing continued to Feb. 1: Tree Code and Tree Code Fees.
City Council discussion #2 held on January 4, 2022. Topics included: lot coverage, parking, and flag lots
City Council work session #1 held on December 21, 2021: key takeaway: remove stories from max. building height - keep at 35 ft.
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PLANNING COMMISSION HEARINGS:
- OCTOBER 12, 2021
- OCTOBER 26, 2021
- NOVEMBER 9, 2021 - Final vote to recommend approval
What does this mean?
The Planning Commission held three public hearings on the proposed code amendments and the public had the ability to provide comments on those proposed amendments. The Planning Commission made a recommendation to City Council who will hold more public hearings on the proposed code amendments, which started on January 18, 2022. The City Council has the final authority to vote and adopt the proposed code amendments.
How can I comment?
You can comment in two ways:
- Submit written comments to, Project Manager, Vera Kolias via email at KoliasV@milwaukieoregon.gov or mail in comments to Attn: Vera Kolias, Milwaukie Planning Department, 6101 SE Johnson Creek Blvd. Milwaukie, OR 97206.
- Provide verbal comments during the public testimony portion of the City Council hearing on January 18, 2022.
- Written comments are due January 26, 2022 to be included in the City Council February 1st packet, but comments can be submitted until the day of the hearing and will be forwarded to Council.
What is this project?
The city is updating Milwaukie’s land use code to reflect the new/revised policies in the recently adopted Comprehensive Plan and the state requirements in House Bill 2001 to increase the type of housing options in neighborhoods along with updates to residential parking and protection/preservation of trees on private residential property.
What are the highlights of the proposed code amendments?
I have questions on the proposed Tree Code
Contact Natalie Rogers, the Climate and Natural Resources Manager, at RogersN@milwaukieoregon.gov or 503-786-7668
I want more details on the code amendments, where can I find that?
There are three options:
1. Find the proposed code language under "Important Documents & Links" on the right-hand side of this page.
2. Go to the application page on the City of Milwaukie website with the proposed code language and public hearing date(s)
2. Click through the stations below to find out the key components of the draft code amendments and specific details! Feel free to comment and/or ask questions in the feedback section below each station. We've loved seeing the community's comments and question so far and hope you all continue to stay engaged!
How can I continue to stay engaged and informed on this project?
- Hit the "Subscribe" button under the "stay informed" section at the top right of this page.
- Sign up for the email notification list on project updates
- Do this by going to the city's email subscription website by clicking HERE!
- On the webpage click the box next to "Comprehensive Plan Implementation", put your email in the box at the bottom of the page and clicking "subscribe."
- Confirm your subscription and check your email for a confirmation message. You'll need to confirm your subscription in the email. If you don't confirm, you won't get on the list. So don't forget to check your email after subscribing!
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2 Responses
The Comprehensive Plan Implementation Project Phase 1 is about Milwaukie’s livability. The project strives to achieve the Comprehensive Plan goals related to housing, parking and trees.
Through updates to the City’s zoning code the following policy mandates will be addressed:
- Increasing the supply of middle and attainable housing, and providing equitable access and housing choice for all
- Increasing the tree canopy and preserving existing trees to support the City's goal of 40% tree canopy
- Managing parking to enable middle housing and protect trees
The City is also required by Oregon House Bill 2001 (HB 2001) to expand housing opportunities throughout the city, including middle housing.
HB 2001 requires middle housing options to be permitted in ALL residential areas zoned for detached single-unit dwellings. Middle housing includes duplex, triplex, quadplex, townhouse and cottage cluster development – the types of housing that fill the gap between single-unit housing and apartment or mixed-use buildings.
The addition of middle housing to Milwaukie’s neighborhoods will be gradual and piecemeal as vacant sites are built on and redevelopment occurs. The intent of the code amendments is for the new housing options to fit the form and scale of existing development.
Future phases of code updates will address transportation and broader natural resource policies. When complete, the proposed amendments move Milwaukie closer to achieving its vision of becoming “a flourishing city that is entirely equitable, delightfully livable, and completely sustainable” by 2040.
How Has the Public Been Involved?
Over the past year, multiple committee meetings, over 660 community comments, 220 survey responses and 32 interviews with stakeholders helped frame the priorities for adding middle housing to residential neighborhoods. The key take-aways were:
- Scale and form of new housing is important in the context of the existing neighborhood development patterns.
- Trees and housing should be prioritized over on-site parking.
- Site Design Flexibility is important to encourage middle housing, such as allowing for creative design to have multiple buildings on a site for multi-plex housing rather than having one long and skinny building.
The public will have many opportunities to provide additional input as the code language moves through adoption. Click HERE to go to Station 6 that details the upcoming hearings process.
Where Are We Now?
After a year of technical evaluation, analysis and public input, draft code and map amendments have been developed. The next step is the final code adoption through the Planning Commission and the City Council public hearing process.
To learn more about the draft amendments related to the Zoning Map, go to the next slide!
QUESTIONS/COMMENTS ABOUT THIS STATION? COMMENT BELOW!
City staff will answer any questions listed below.
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Key Takeaway: Amendments to the existing single-unit residential zones reduce the number of residential zones in Milwaukie and broaden the range of housing types permitted throughout the City for a wider range of incomes.
Currently, the eight single-unit residential zones on the zoning map include a list of permitted and prohibited uses and have different development standards. The current zoning code does not comply with new Comprehensive Plan policies and HB 2001 and must be amended.
The proposed amendments update Milwaukie’s Comprehensive Plan zoning map and Municipal Code, Title 19 zoning ordinance to consolidate the existing residential zones into three new zones, with an updated list of permitted land use designations that includes middle housing wherever detached single-unit dwellings are permitted.
The proposed code amendments consolidate eight residential zones into three residential zones. The zoning maps show the current eight residential zones, and the proposed three draft residential zones.
Proposed Code Amendments
The proposed code amendments, and the comprehensive plan policy they address, are included on the table below. The references are links to the specific code language. As the code amendments move through the adoption process, the most recent draft of the code language will be available at these links.
Proposed Amendment Comprehensive Plan Policies and HB 2001 compliance Proposed Municipal Code Section Amends Comprehensive Plan Land Use Map to consolidate residential land use designations into two new zones. Implements Equity (Housing 7.1.2, 7.1.3, 7.2.2)
Implements HB 2001
19.107.1
19.107.2
Amends Zoning Map to consolidate residential land use designations into three zones (currently R-1, R-1-B, and R-2 zones). Implements Equity (Housing 7.1.2, 7.1.3, 7.2.2)
Implements HB 2001
19.107.1
19.107.2
Amends definitions of housing types to permit new forms of middle housing and represent number of units on lots based on lot size Implements Equity, Affordability (Housing 7.1.2, 7.1.3, 7.2.2, 7.3.1, 7.3.2)
Implements HB 2001
19.201 Amend Comprehensive Plan Land Use Designations to reflect changes to permitted housing types and density ranges in Title 19 Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.2.2, 7.2.3)
Implements HB 2001
19.300 Amend base residential zones, permitted uses and development standards to permit middle housing Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.2.2, 7.2.3, 7.2.4, 7.3.1, 7.3.2, 7.4.3, 7.4.4, 7.4.5)
Implements HB 2001
19.300
19.301.5
19.302.5
To learn more about the draft amendments related to housing, go to the next slide!
QUESTIONS/COMMENTS ABOUT THIS STATION? COMMENT BELOW!
City staff will answer any questions listed below.
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Key Takeaways - In addition to reducing the number of residential base zones, code amendments related to housing provide greater detail as to how housing permitted under the new base land use zones will be designed and built. They address the form of the housing allowed in the residential zones which provides the ability to apply standards based on the site conditions and lot size.
Under the existing zoning code, the standards limit the form and type of housing allowed within the existing zones. The proposed amendments update Milwaukie’s Municipal Code, Title 19 zoning ordinance, to simplify existing residential zones, permit a broader range of middle housing types, and remove certain development standards and approval standards for middle housing types so they are subject to the same level of review currently used for single dwellings. These updates meet the policy goals of creating housing that is priced at a range of income levels citywide and clarify existing code language. All housing types must address certain development standards including: maximum lot coverage, minimum landscaping, minimum setbacks, maximum building heights and side yard height plane.
Lot Size Permitted Housing Types (Currently) Permitted Housing Types (Proposed) 1,500 sq. ft. Rowhouse (Townhouse) Rowhouse (Townhouse) 3,000-4,999 sq. ft. Rowhouse (Townhouse)
Detached single dwelling (with legal lot of record)
Detached single dwelling
Detached single dwelling + ADU
Duplex5,000-6,999 sq. ft. Detached single dwelling
Detached single dwelling + ADU
DuplexDetached single dwelling
Detached single dwelling + ADU
Duplex
Triplex7,000 sq. ft. and greater Detached single dwelling
Detached single dwelling + ADU
DuplexDetached single dwelling
Detached single dwelling + ADU
Duplex
Triplex
Quadplex
Cottage Cluster
Stacked, Attached, and Detached Units
Under the proposed design standards, a duplex could be two units stacked, attached, or detached allowing more flexibility on placement of dwellings on a site. All other design standards would still apply. This concept of having stacked, attached, or detached units can apply to triplex and quadplex units as well.
Proposed Code Amendments
The proposed code amendments, and the comprehensive plan policy they address, are included on the table below. The references are links to the specific code language. As the code amendments move through the adoption process, the most recent draft of the code language will be available at these links.
Proposed Amendment Comprehensive Plan Policies and HB 2001 compliance Proposed Municipal Code Section Amend base residential zones, permitted uses and development standards to permit middle housing Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.2.2, 7.2.3, 7.2.4, 7.3.1, 7.3.2, 7.4.3, 7.4.4, 7.4.5)
Implements HB 2001
19.300
19.301.5
19.302.5
Allow detached single dwelling and duplexes on 3,000 square foot lots Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.2.2)
Implements HB 2001
19.501.1 Remove allowances for encroachments into side yard height plane to limit the size of single detached dwellings Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.4.3) 19.501.3 Permit more than one primary dwelling per lot in residential zones Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.2.2)
Implements HB 2001
19.502.2 Amend single detached dwelling and duplex building design standards to include triplexes and quadplexes Implements Equity, Affordability (Housing 7.1.1, 7.1.2, 7.2.2, 7.2.3, 7.2.4, 7.3.1, 7.3.2, 7.4.3, 7.4.4, 7.4.5)
Implements Process (Urban Design/Land Use 8.3.1, 8.3.2)
Implements HB 2001
19.505.1 Remove minimum structure size for manufactured homes to treat same as single dwellings currently Implements Equity and Affordability (Housing 7.1.1, 7.1.3, 7.2.2, 7.2.6) 19.506.4 Amend review type for ADUs and duplexes to allow outright (same as single detached units) Implements Equity (Housing 7.1.1, 7.1.2, 7.1.3)
Implements Process (Urban Design/Land Use 8.3.1, 8.3.2)
Implements HB 2001
19.910 Update some ADU standards for clarity. Implements Equity and Affordability (Housing 7.1.1, 7.1.3, 7.2.2, 7.2.4)
Implements Process (Urban Design/Land Use 8.3.1, 8.3.2)
19.910 Remove cottage cluster standards and implement new cottage cluster code development and design standards Implements Equity and Affordability (Housing 7.1.1, 7.1.3, 7.2.2, 7.2.6)
Implements Process (Urban Design/Land Use 8.3.1, 8.3.2)
Implements HB 2001
19.505.4 Amend current rowhouse standards Implements Equity and Affordability (Housing 7.1.1, 7.1.3, 7.2.2, 7.2.6)
Implements Process (Urban Design/Land Use 8.3.1, 8.3.2)
Implements HB 2001
19.505.5 To learn more about the draft amendments related to parking, go to the next slide!
QUESTIONS/COMMENTS ABOUT THIS STATION? COMMENT BELOW!
City staff will answer any questions listed below.
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Key Takeaways: The proposed code amendments reduce on-site parking requirements and provides alternatives for locating parking which can reduce the cost of housing and decrease impervious surface.
Current code requirements for off-street parking does not count parking in the driveway toward the requirement of at least one parking space per dwelling unit. The current parking requirements do not comply with HB 2001 and must be amended.
The proposed amendments update Milwaukie’s Municipal Code, Title 19.600 off-street parking and loading to clarify the locations for on-site parking, lower the minimum number of on-site parking spaces required for each dwelling unit, and modify code language to allow for flexible approaches to parking.
The proposed amendments to the off-street parking requirements increase flexibility on where parking can be located on a site. See the graphic below that illustrates the additional flexibility proposed.
Image shows how this parking proposal would look in Milwaukie.
Proposed Code Amendments
The proposed code amendments, and the comprehensive plan policy they address, are included on the table below. The references are links to the specific code language. As the code amendments move through the adoption process, the most recent draft of the code language will be available at these links.
Proposed Amendment Comprehensive Plan Policies Proposed Municipal Code Section Amend minimum on-street parking requirements to one space per dwelling unit Implements Built Environment (Climate Change/Energy 6.1.5. 6.1.6)
Implements Equity and Affordability (Housing 7.1.1, 7.1.3, 7.2.2, 7.2.3)
Implements HB 2001
19.605.1 Allow the location of off-street parking space be within front setback or within 15 feet of front lot line or within side setback. Implements Built Environment (Climate Change/Energy 6.1.4)
Implements Equity and Affordability (Housing 7.1.1, 7.1.3, 7.2.2, 7.2.3)
Implements Livability (Urban Design/Land Use 8.2.2)
19.607 To learn more about the draft amendments related to trees, go to the next slide!
QUESTIONS/COMMENTS ABOUT THIS STATION? COMMENT BELOW!
City staff will answer any questions listed below.
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Key Takeaway: Amendments related to trees on private property are intended to make the existing Milwaukie tree code consistent with the policies in the Comprehensive Plan and Urban Forestry Management Plan.
The current tree code addresses only trees in the public right of way or on public property, like park or street adjacent trees. In order to meet the City’s goal of a 40% tree canopy, as identified in the Climate Action Plan, Urban Forestry Management Plan, and Comprehensive Plan policy, trees on private residential property must also be preserved and protected. In Phase 1 of the Comprehensive Plan Implementation, private tree code is being developed to protect canopy on private residential property. For residential development projects, tree canopy protection is prioritized, and tree replacement will be required if trees are removed. For other healthy non-development tree removal on private property, a permit will be required as well as tree replacement or mitigation. There will be exceptions and a streamlined processes for unhealthy or dying trees, trees posing safety hazards, invasive species, and trees significantly impacting infrastructure without practical mitigation.
The proposed amendments to the City’s municipal code Title 16 and Title 19 clarify existing code language and update desired tree and plant types to meet City policy goals for greater forest diversity, more native and climate-resilient species, improving the ecological function and creating multi-level, uneven-aged canopy.
Special informational sessions will be held in the upcoming months on the proposed tree code. To know when those sessions are happening, make sure you're subscribed and following this project page!
Trees provide the community many benefits, including community health, habitat, and livability. The preservation of trees on residential properties is important for the overall tree canopy in Milwaukie.
Proposed Code Amendments
The proposed code amendments, and the comprehensive plan policy they address, are included on the table below. The references are links to the specific code language. As the code amendments move through the adoption process, the most recent draft of the code language will be available at these links.
Proposed Amendment Regulate preservation and protection of trees on private property in residential zones, including:
- Define standards for preserving and protecting priority trees
- Create a process for application and development review
- Define priority trees
- Establish minimum tree canopy of 40% per lot
Establish a City Tree Fund with tree permit revenue and in-lieu fees
Implements Flora and Fauna Habitat, Healthy Urban Forest, Sustainable Design and Development (Natural Resources 3.3.1, 3.3.5, 3.4.1, 3.4.2, 3.4.3, 3.4.4, 3.4.5, 3.4.6, 3.5.2)
Implements Built Environment, Adaption and Mitigation (Climate Change/Energy 6.1.2, 6.1.4, 6.1.8, 6.3.5)
Implements Sustainability (Housing 7.3.1, 7.3.2)
Implements Livability (Urban Design/Land Use 8.2.3)
16.32 Add more tree types to be consistent with Urban Forestry Management Plan (conifers, wide-canopied broadleaf, narrow-canopy broadleaf) Implements Flora and Fauna Habitat, Healthy Urban Forest (Natural Resources 3.3.1, 3.4.2, 3.4.5) 16.32 Amend “Vegetation Buffer Requirements” in Willamette Greenway overlay zone to be consistent with updated tree code Implements Willamette Greenway Boundary and Greenway Design Plan (Willamette Greenway 4.1.1, 4.2.3) 19.401 Update “Native Plant List” referenced in Natural Resource Overlay Zone to include other vegetation types and nuisance/prohibited plants Implements Flora and Fauna Habitat, Healthy Urban Forest (Natural Resources 3.3.1, 3.3.6, 3.4.2, 3.4.5)
Implements Adaption and Mitigation (Climate Change/Energy 6.3.5)
19.402 Update native vegetation and native plant definitions to be consistent with new tree code. Implements Flora and Fauna Habitat, Healthy Urban Forest (Natural Resources 3.3.1, 3.3.6, 3.4.2, 3.4.5)
Implements Built Environment (Climate Change/Energy 6.1.5, 6.1.6)
19.201 To learn more about the next steps and how to stay engaged, go to the next slide!
QUESTIONS/COMMENTS ABOUT THIS STATION? COMMENT BELOW!
City staff will answer any questions listed below.
Phase 1 Project Timeline
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Code Audit and Analysis
Comprehensive Plan Implementation: Phase 1 has finished this stageAugust 2020 - November 2020
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Community Engagement Event #1
Comprehensive Plan Implementation: Phase 1 has finished this stageNovember 12-29 2020
Virtual Open House: housing choice, trees, and parking discussion; code audit discussion
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Concept Development
Comprehensive Plan Implementation: Phase 1 has finished this stageOctober 2020 - January 2021
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Community Engagement Event #2
Comprehensive Plan Implementation: Phase 1 has finished this stageMarch 22 - April 15, 2021
Community Review & Testing of Code Concepts
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Draft Amendments - Set 1
Comprehensive Plan Implementation: Phase 1 has finished this stageApril 2021 - June 2021
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Community Engagement Event #3
Comprehensive Plan Implementation: Phase 1 has finished this stageJune 25, 2021
Proposed Code Amendments
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Planning Commission Work Sessions
Comprehensive Plan Implementation: Phase 1 has finished this stageJuly - August 2021
Written public comments accepted
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Final Proposed Code Amendments
Comprehensive Plan Implementation: Phase 1 has finished this stageSeptember 2021
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Planning Commission Public Hearings
Comprehensive Plan Implementation: Phase 1 has finished this stageOctober - November 2021
Public testimony taken at the public hearings
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City Council Hearings and Adoption
Comprehensive Plan Implementation: Phase 1 is currently at this stageDecember 2021 - Spring 2022
Public testimony taken at hearings
