Land Use and Development Review Code Tune-Up Project

Milwaukie’s Zoning Code is over 60 years old and is in need of an update. It suffers from more than a half century of incremental changes that have made it complicated, inconsistent and cumbersome. This tune-up project will result in a Zoning Code that will put adopted City-wide plans (products of extensive public input) to work for a better city.

Following the 2009 Smart Growth Code Assessment of the Milwaukie Zoning Code, City Council and Planning Commission set this tune-up project as a priority for the City to complete before the City tackles other issue-based policy projects.

Project Overview

The Planning Department is undertaking a massive effort to update its Land Use and Development Review processes. It's a complex project, and this Self-Guided Tour aims to break it all down so the user can go as deep as they want to understand the proposed changes.

Click here to get started.

The purpose of the project is to modernize and improve the effectiveness of the City’s land use and development review process. This process is a basic and important City function that is meant to provide fair and timely review of development proposals, allow for meaningful public involvement, and facilitate quality development. The project includes amendments to the Zoning Code (Title 19 of the Milwaukie Municipal Code) and Comprehensive Plan, with the most substantive amendments to the following code and policy provisions:

• Nonconforming Uses and Development (existing Chapter 19.800)
• Amendments to Maps and Ordinances (existing Chapter 19.900)
• Code Interpretations and Director Determinations (existing sections in Chapters 19.800 & 19.1000)
• Conditional Uses (existing Chapter 19.600)
• Development Review (NEW application)
• Extensions to Expiring Approvals (NEW application)
• Modifications to Existing Approvals (NEW application)
• Variances (existing Chapter 19.700)
• Review Procedures (existing Chapter 19.1000)
• Citizen Involvement (existing Comp Plan Chapter 1)
• Plan Review and Amendment Process (existing Comp Plan Chapter 2)

Please see the Draft Documents section below for more detailed information about the types of amendments being proposed.

Project Schedule

All property owners potentially affected by the draft amendments were mailed a Property Owner Notification on January 5, 2011. The first public hearing on the draft amendments was on January 25, 2011, and the hearing was continued to February 8, 2011. The Planning Commission unanimously recommended approval of the proposed amendments on February 8. City Council will hold a public hearing on the amendments on March 1, 2011. Staff will take comments on the proposal throughout the hearing process.

Draft Documents

The draft code amendments were developed with extensive input from the Planning Commission. These drafts will be updated as the amendments move through the adoption process. A final draft will be posted prior to the City Council hearing.

• February 2011 Draft Code Amendments (for review by City Council at the March 1 public hearing)
• February 2011 Draft Code Commentary (27 pages)
• Comparison between Current and Proposed Policies for Public Involvement (2 pages)
• Project Overview (1 page)

If you have any trouble accessing this documents, or would prefer a copy in a different format, please contact staff at the email or phone # listed below.

Meeting Materials and Minutes

The Planning Commission reviewed and discussed policy changes and draft amendments during 6 worksessions throughout the summer and fall of 2010. A subcommittee of the Planning Commission met an additional 3 times for more in depth discussions. To find materials from Planning Commission and City Council meetings at which the project has been discussed, click here.

Project Outcomes

Updating the City’s land use and development review process is expected to result in a smart, flexible, and local code.

Smart. A smart code is one that contains everything it should and nothing it shouldn't. Its structure and procedures are easy to understand and follow, serving to help property owners and developers effectively manage their development projects. Its application approval criteria allow for an appropriate amount of analysis and discretion consistent with an application's level of review.

Flexible. A flexible code is one the enables the City to meet all of its legal requirements for processing land use and development permit applications while not hampering its ability to facilitate quality development and maintain high service standards.

Local. A local code is one that provides for meaningful public involvement in a way that reflects Milwaukie's character and that results in desired development consistent with the community's vision in the Comprehensive Plan.

Staff Contact

Susan P. Shanks, Senior Planner
(503) 786-7653
shankss@ci.milwaukie.or.us