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Staff outlines "policy‑light" zoning amendments and state childcare changes; council schedules follow‑up

City of Milwaukie — Work Session · April 8, 2026
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Summary

City planning staff reviewed a package of mainly housekeeping code updates and state‑required zoning changes to permit childcare in more zones (per HB 3560) and proposed edits to ADU and accessory‑structure rules; staff will return with visuals in the next round and additional state‑driven changes.

Staff presented a multi‑topic set of zoning code amendments described as "policy‑light" (housekeeping/clarifying edits) and some changes required by state law, and council members asked clarifying questions and asked staff to return with additional visuals and a second round of review.

Senior planner (presenting) said the first set of proposed edits removes several attached ADU design constraints that were written before the city allowed many more housing types, and clarifies how staff should review street‑facing facade changes when an attached ADU is added. Staff noted planning commission asked staff to consider striking most attached‑ADU design standards and the proposal follows that direction.

Other housekeeping changes include clarifying fence standards for downtown and mixed‑use zones, adding back‑lot language, and tightening applicability language for downtown design review so renovations and conversions are reviewed consistently. Staff also proposed expanding the existing ADU treatment for converting legally established accessory structures (garages, carports) to apply to plex conversions in limited circumstances, while preserving building‑code and permit requirements to prevent gaming the system.

On state implementation, staff described how House Bill 3560 requires jurisdictions to allow childcare in certain zones by right. The amendments remove previously permitted size limits on some childcare uses, treat family childcare homes consistent with ordinary residential activity (rather than as a restricted "home occupation"), and propose allowing adult‑day services in many of the same zones where childcare will be allowed (with industrial exceptions).

Staff said the package is round one; planning commission will continue work and staff will return to council with visuals and a second round of review before adoption. No land‑use approvals were adopted at the meeting.