County staff previews ZDO 2-93 code amendment package covering expedited land divisions, CFEC parking, docks and other changes

Clackamas County planning staff on Feb. 23 gave commissioners a preview of ZDO 2-93, a legislative package of minor and time-sensitive amendments to the county Zoning and Development Ordinance. The package groups changes into state-mandated items, technical housekeeping and one public-request item; staff said the Planning Commission will hold a public hearing May 11 and the Board will consider the package later in the summer.

Staff explained several state-driven items that must be implemented in code. Among the most consequential: changes to middle-housing land-division procedures and a new expedited land-division track that, under state law, limits local notice and appeal rights in certain straightforward urban cases. "One of the big things these changes do is it takes away the requirement for public notice," staff said, expressing mixed feelings about reduced transparency while noting the provisions are mandatory.

Staff also described a new "urban housing application" that applies in urban areas to a narrow set of residential application types, with a limited notice and comment period and no initial public hearing; appeals can trigger a hearing. Another group of state-mandated changes adds required allowances for certain uses, including residential treatment facilities, crisis stabilization centers and expanded childcare siting in many zones.

The package codifies several DLCD rule updates and court-driven clarifications for exclusive farm use and resource zones. Among the technical changes, staff noted DLCD's clarification that an IRS tax transcript may be required to demonstrate the farm-income test (the $80,000 threshold used to qualify for a farm dwelling on high-value soils), and other definitions and tests that implement recent rulemaking and case law.

On parking, staff reviewed implementation of Climate Friendly and Equitable Communities (CFEC) rules. Because the county had not adopted local code changes by July 1, 2024, staff said the county cannot require minimum off-street parking in the urban unincorporated area; developers have nonetheless continued to provide parking in most recent projects. The staff proposal would codify current practice and add some maximums and design standards.

The package also contains clarifications and edits intended to reduce developer and staff confusion: proposed language to make setback measurements consistent across irregular lot shapes, clarify how access easements are treated for setback calculations, and clean up references to a now-repealed state wildfire map that remain in county code.

Staff presented a set of Willamette River Greenway edits. Notably, they proposed to remove a county prohibition on private noncommercial docks in the Greenway's limited-use areas, saying the practical impact is small (staff estimated it might allow up to three additional private docks because most limited-use riverfront lots already have docks) and noting state and federal permitting (Department of State Lands, U.S. Army Corps of Engineers) would also apply. The packet also includes a public-request item from Willamette View asking the county to drop a 35-foot residential height limit within a narrow set of high-density parcels along River Road; staff said few lots would be affected and that the board asked staff to explore the change.

Staff said they will present the package to the Board of County Commissioners in a policy session on March 10, and the Planning Commission public hearing is scheduled for May 11. Staff encouraged commissioners to read the draft materials and said they would provide bill numbers, rule citations and attachments requested by commissioners.