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New state housing law will shift many housing reviews to staff; Stayton staff to revise code
Summary
Staff briefed the Stayton Planning Commission on a state housing law (signed in late April, with portions effective July 1) that will require substantial changes to the city's zoning code, change notification radii, and may move many housing-related reviews from the commission to staff.
The Stayton Planning Commission received a staff briefing on June 29 about a recently enacted state housing law that takes effect July 1 for some provisions and will require substantial revisions to the city's Title 17 land-use code.
Staff told commissioners the law distinguishes housing-related land use applications from commercial ones and that many housing site plans (for example, duplexes and triplexes) that previously required commission review may become staff-level decisions under the new statute. “It didn't really give the city much time to address those code requirements,” staff said, noting the city will need to review and rewrite portions of the code.
Staff described changes to notice radii: the city's current 300-foot notification radius would generally shrink to 100 feet, but proposals exceeding 20 dwelling units could trigger a larger radius (staff said it could increase to 500 feet). Staff warned that the code rewrite will be substantial and will be brought to the commission first for recommendation to city council.
Commissioners asked about appeal rights. According to staff, only the applicant may appeal certain staff-level decisions, and those appeals may proceed to the Land Use Board of Appeals (LUBA) depending on the statutory process; staff said they will seek clarifications from the city attorney about appeal steps and whether some types of decisions may still come before the planning commission when standards are not clear and objective. Staff also flagged potential changes to annexation practice, including considering development agreements at annexation and exploring options such as allowing townhouses in medium-density zones and permitting cottage clusters in more locations.
Staff emphasized that these changes will be brought forward in upcoming code amendments and that a multi-step process will be required to align Stayton's Title 17 with the state law.
