City council plans to streamline land division process to create more housing

Another code update that would increase housing production is on its way to the City Council for review and public hearing. Recommendations for updating the Land Division Code would allow owners of large residential lots to divide their land into smaller parcels, which could then be developed with additional housing units.

Land divisions are the process by which large, undeveloped properties are divided into several new lots, along with utilities and services that support the new development. Land divisions can be large subdivisions with many lots and new roads, as well as small partitions of two or three lots that may not require infrastructure improvements.

Background

On March 26, the Planning Commission heard testimony from the public on the proposed land division code update. Most of the testimony focused on proposed updates to the landslide hazard map, which is used to determine whether additional geotechnical study is needed when applying for a land division.

After reviewing public testimony, the planning commission voted unanimously on April 23 to forward the package of code changes to the City Council with its recommendation.

The recommended draft of the Land Division Code update is now available for review. City Council will hold a public hearing on the recommended draft on Wednesday, July 17 at 2:45 p.m. Community members are invited to provide testimony on the recommended changes at the hearing or in writing.

What does the draft code amendment contain?

The Land Division Code Update Package includes many minor and technical changes as well as more substantive changes to simplify and streamline the land review process, including:

• Create a clear and objective set of approval standards. The approval standards for a land use review set clear expectations for application requirements, as opposed to discretionary criteria. This means it takes less time to complete and review a land sharing application. Discretionary criteria define qualitative measures that could be met in various ways, but they also introduce uncertainty and judgment into the review. This proposal allows applicants to meet the new clear and objective standards or, where site conditions warrant greater flexibility or the applicant is unable to meet a standard, discretionary criteria remains an available alternative.
• Updated the Landslide Potential Hazard Area Map to reflect the most recent data from the State of Oregon Department of Geology and Mineral Industries. As a result, this code update removes approximately 15,000 properties from the current landslide hazard map and adds approximately 5,000 new properties. The map identifies areas that are at potential landslide hazard and is used only to determine application requirements for land division proposals. The map does not necessarily indicate areas that will experience an actual landslide and is therefore not useful for determining insurance assessments or applying for other types of development applications. Properties designated on this map will require further evaluation by a geotechnical engineer when the owner decides to apply for land division.
• Recalibrate standards, thresholds and review procedures to better accommodate the size and complexity of the sites to be divided, as well as to reduce regulatory complexity and costs.

Read the details of the project proposals

Tell the City Council What You Think

Tell the commissioners what you think about the code changes made by staff and recommended by the Planning Commission. Community members can review the recommended project and testify in writing or in person before the city council.

Provide written testimony

Community members are encouraged to provide written testimony about the recommended project via the Map app. Submitting testimony via the Map app is as simple as sending an email (be sure to click the “testify” button). Written testimony must be received by the time of the hearing.

Provide written testimony via the Map app

Testify verbally

The hearing on Wednesday, July 17 at 2:45 p.m. will be a hybrid format with the option to participate in person at 1900 SW Fourth Avenue, Room 2500, or virtually using a computer, mobile device or telephone. You must register in advance to testify. The Board Clerk will post the agenda with public testimony registration links on Friday, April 19 at 9 a.m. To testify before the City Council in person or virtually, visit the Council Hearing page for instructions.