Redmond planning commission continues code-amendment hearing after state housing office flags townhouse setback, open-space and alley concerns

The Redmond Urban Area Planning Commission on Wednesday continued a public hearing on a focused package of development code amendments (file 711-25-000216-TA), heard a findings report from the Housing Accountability and Production Office and debated whether to forward the package to city council with edits.

City staff member Kyle told commissioners the package centers on five livability topics — alley pavement width, rear setbacks for alley-loaded townhouses, usable open-space rules, fire evacuation routes and prohibiting turf in planter strips — and that most proposed changes drew no stakeholder objection. "The vast majority of the amendment package is pretty solid," Kyle said, but he added that HAPO’s findings identified concerns on about 20% of the package and that staff had revised several sections in response.

HAPO, the state office that evaluates compliance with Oregon housing law, received a complaint from the Central Oregon Builders Association (COBA) in early December and issued a findings report on Jan. 13 that is now part of the meeting record (Exhibit C). Kyle said HAPO’s letter focused on three items in this package: alley width standards, the proposed increase to townhouse rear setbacks, and open-space language.

On rear setbacks, Kyle summarized the proposed change: current code sets a five-foot rear setback for alley-loaded townhouses; the amendment would raise that to 20 feet to match the requirement for detached single-family dwellings in the same zones. "For the time being, I have left that amendment in this package as is," Kyle said, noting staff wants more review of legal interpretation before making a final change.

Commissioner Rogers, who identified himself as a regulatory compliance professional in the banking industry, voiced concern that the draft language could trigger state-level prohibitions by effectively creating accessory parking. "We're trying to create parking," Rogers said, arguing the code’s phrasing could run afoul of provisions in the Oregon Revised Statutes. He proposed aligning townhouse setback language with existing single-family code text or otherwise changing wording to remove any implication of creating additional parking spaces.

Other commissioners questioned the practical and legal risks of moving contested items forward. A staff/legal representative explained HAPO’s findings are proposed rather than final, that HAPO had offered technical assistance in some cases, and that a hold period extends through March 13, 2026, after which enforcement avenues (including LUBA or court action) could be pursued if matters remain unresolved.

Kyle described revisions staff had already made addressing several HAPO points: clarifying exemptions in a new minor site-and-design-review process (so single-family and middle housing would not be routed through a full review), removing a discretionary exemption for transportation-system analysis that lacked objective standards, and changing the open-space metric language (removing "units" and measuring by lots to avoid an Oregon administrative rule conflict that prevents scaling open space by unit count).

Discussion of possible compromises continued. Staff and commissioners explored lowering the setback to 10 feet, specifying parking orientation (parallel rather than perpendicular) to avoid creating a formal parking stall, or changing the language to make the public-safety intent explicit. Several commissioners urged caution about being the first local government to adopt novel language that might attract state scrutiny or litigation.

Commissioner Rogers moved to recommend that city council approve the proposed amendments with added language making alley-loaded townhouse rear setbacks 20 feet consistent with detached single-family dwellings in the same zoning district; a second was recorded and discussion continued. The transcript ends before a final recorded vote on that recommendation.

The hearing will move next to city council, where staff said councilors will take the ultimate action. Kyle said staff will continue to refine language, consult with stakeholders and consider HAPO technical assistance as the matter proceeds.