Planning Commission weighs code changes to clear-and-objective housing rules, design departures and reduced notice

City staff and consultants returned to the Tualatin Planning Commission on June 17 with draft Development Code amendments intended to provide clear-and-objective standards for residential housing and to align the code with recent state housing laws.

Madeline (staff) and Kate (consultant, MIG) told commissioners the project updates procedures, design standards and allowed uses across multiple code chapters and responds to new state rules such as House Bill 4037, which restricts public hearings and third-party appeals for housing applications that meet fully objective standards. "For housing subject to clear and objective standards, public hearings cannot be required and only the applicant is allowed to appeal the decision," the consultant said, describing a modified administrative procedure referred to in the packet as "Type 2x."

Key change: Multifamily design standards were rewritten to be objective, and staff proposed a new design-departure framework that allows applicants to request limited flexibility without demonstrating the hardship required for a variance. Under the draft, an applicant requesting up to four design departures would receive a staff-level Type 2 review; requests for five or more departures would be elevated to a Type 3 public hearing.

Public-notice dilemma: House Bill 4037 also restricts the notice area the city may require for objective-review applications. The draft offers two main options for multifamily projects that meet objective standards: a size-based approach (projects under 20 units receive Type 1 ministerial review with minimal notice; 20+ units use Type 2x with limited notice) or a uniform Type 2x approach that provides consistent notice (100'500 feet per statute) for all multifamily projects. Several commissioners argued the city should preserve as much notice as state law allows to keep neighbors informed and to capture potentially relevant, code-based concerns. "If we take away notices, that is dissolving further trust that the community is going to have in the government," one commissioner said.

Zoning question: The commission also discussed a single parcel in the CR (commercial-recreational) zone that contains an existing riverfront RV park (Roemer's Rest). Staff asked whether multifamily housing and manufactured-dwelling parks in the CR zone should be allowed by right with objective standards or prohibited. Commissioners generally recommended prohibiting residential uses in that zone because much of CR is in the floodplain and the zone's purpose emphasizes highway- and river-oriented commercial activity.

Handling comments: Staff explained that under administrative review comments become exhibits and staff must evaluate whether they address applicable approval criteria; if a comment reveals a substantive issue (traffic, easement, code compliance), staff will address it and, if necessary, revise analyses or request additional review from technical divisions.

Next steps: Staff will convey the commission's feedback to City Council at a July 13 work session, refine the draft code amendments and publish a public review draft later this summer ahead of fall adoption hearings. No formal vote was taken; the commission expressed general support for the uniform Type 2x notice approach while asking staff to pursue state guidance about notifying neighborhood organizations and CIOs under the new statute.

Article note: all quotations and attributions are drawn from the Planning Commission meeting transcript.