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Molalla staff previews draft parkland-dedication ordinance; DLCD flags duplex calculation

Molalla City Council · April 24, 2025
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Summary

Associate Planner Jamie Viveras briefed the Molalla City Council on a draft ordinance to update parkland-dedication requirements to the city’s adopted parks plan standards, including a 0.007-acre-per-person factor and guidance for fees in lieu; the state’s Department of Land Conservation and Development raised concerns about counting duplexes as two units.

Associate Planner Jamie Viveras presented a draft ordinance (2025‑O4) April 23 that would update Molalla’s municipal code to reflect the city’s Parks, Recreation, and Trail System Plan and set parkland-dedication requirements consistent with the plan’s standard of 7 acres per 1,000 residents. "Tonight, we'll be discussing the draft ordinance for the parkland dedication or fee in lieu," Viveras said.

The draft would set the per-person dedication factor at 0.007 acres and use household-occupancy assumptions of 2.7 persons per dwelling for developments up to 12 dwelling units per acre and 2.0 for denser developments. For multifamily projects, the ordinance would allow a reduction equal to 15% of buildable acres to account for required common open space so developments are not required to provide duplicative amenities. Minimum local standards include a contiguous park parcel of at least 0.25 acre and required access via right of way or easement.

Viveras said fee-in-lieu payments would be set by council resolution in dollars per acre based on the Clackamas County assessor’s real market value, and staff noted the assessor's published values were current as of January 1, 2024. Viveras read a DLCD comment that urged a unit-neutral method (such as floor-area ratio) because counting units can impose a disproportionate burden on duplexes. "DLCD said the city's methodology categorically requires double the exaction of duplexes by assuming each unit has three occupants," Viveras explained, citing DLCD’s initial email.

Councilors discussed how the city has previously treated duplexes under state housing law (HB 2001) and whether to wait for a definitive DLCD response before changing all calculations. Assistant City Manager Matt Cortell and Councilor Bartholomew said treating duplexes as single dwelling units was consistent with prior code choices and would maintain internal consistency while DLCD reviews the proposal. Viveras said staff expects DLCD’s full review by May 7 and recommended returning the ordinance for a first reading and public hearing on May 28.

The presentation included technical details on dedication procedures (final plat requirements for subdivisions and deed or easement records for multifamily projects), how required parkland would be calculated for single-family and multifamily proposals, and that fee-in-lieu revenues are restricted to park capital and improvements. Council members asked whether the Council could set resolution language to reference the assessor’s most current value automatically; staff said the resolution could reference the assessor’s RMV "as of the date of application," allowing administrative updates.

Staff will return with updated ordinance language and DLCD's guidance; no final ordinance vote was taken at the April 23 workshop.