LU 22-0031: Mitigation for Ministerial Development

The Planning Commission is reviewing conceptual recommendations for a new process to require the mitigation of impacts on public infrastructure through the provision of public improvements to offset the impacts of ministerial development.

These recommendations are being developed in order to comply with ORS 197.307(4) (“clear and objective standards for housing”) and as a follow-up to the City Council’s recent adoption of code amendments to comply with the middle housing requirements of House Bill 2001 (HB 2001). Now that the HB 2001 code amendments are effective, middle housing – including duplexes, triplexes, quadplexes, townhouses, and cottage clusters – may be permitted under what is termed a ministerial process in the development code. This process will be used in the future instead of the minor development process previously used by the City for the approval of structures containing three-or-more dwellings – which requires more extensive review. Due to the fact that the HB 2001 code amendments did not include changes to provide the City with the opportunity to require mitigation for ministerial development, staff is recommending that code amendments be adopted to establish a process to apply such mitigation to all ministerial development.

This effort is based on the City Council goal to “Conserve the community’s quality of life by planning for change and growth”, and specifically, the Council Initiative, to “Adopt codes that comply with HB 2001 that are consistent with the community’s sense of place, neighborhood character, and livability.” Although adopting ministerial mitigation requirements is not a required element of HB 2001, it is consistent with direction provided by City Council and the Planning Commission to develop a new process to provide public infrastructure to accommodate added density.