HomeMy WebLinkAboutMiddle Housing Land Divisions Department of Community Development
ry 380 A Avenue
Post Office Box 369
V l w ) Lake Oswego, OR 97034
503-635-0290
OREGON
www.ci.oswego.or.us
MIDDLE HOUSING LAND DIVISIONS
What is Senate Bill 458?
The Oregon Legislature adopted SB 458 in May 2021 in order to facilitate land divisions for middle housing
to allow units to be sold or owned individually. SB 458 allows the Expedited Land Division process for
middle housing where the original or"parent" lot complies with applicable middle housing requirements and
only applies to middle housing land divisions permitted on or after June 30, 2022.
How does Senate Bill 458 relate to middle housing and House Bill 2001?
Senate Bill 458 was adopted as a follow-up to House Bill 2001 (HB 2001(2019)) — the bill that required
many cities throughout the state, including Lake Oswego, to allow middle housing development in areas
zoned for single-family residential use. SB 458 was passed to address the difficulty of making middle
housing units available for individual ownership under a typical condominium conversion process. It allows
"middle housing land divisions"for any middle housing type required to be allowed under HB 2001 —
including duplexes, triplexes, quadplexes, townhouses, and cottage clusters — as long as the housing was
built in accordance with applicable local zoning standards and other state rules for middle housing (ORS
197.758). Middle housing land division applications may be processed either concurrently with an
application for, or after the issuance of a building permit.
What is the difference between a typical land division and a middle housing land division?
A land division is a type of land use process that creates new legal lots. In Lake Oswego, land divisions are
processed as either partitions— which involve the division of a parcel of land into two or three lots — or
subdivisions — which involve the division of a parcel of land into four or more lots. Typical partitions and
subdivisions result in lots that are granted full developments rights, and may result in lots or parcels that
contain more than one dwelling unit. Both partitions and subdivisions can be processed as either an
expedited land division (ORS 197.360 et. seq.)or as a standard land division under the minor development
procedure in the Community Development Code (LOC Ch. 50).
A middle housing land division pursuant to SB 458 allows the creation of new lots within a legal "parent lot"
solely for the purpose of expanding ownership opportunities with middle housing units. New lots created
through the SB 458 middle housing land division process cannot be granted additional, non-middle housing
development rights, must be maintained to meet the standards applicable to the "parent" lot, and are
limited to one middle-housing dwelling unit per resulting lot or parcel. Middle housing land divisions must
be processed as an expedited land division using the procedures outlined in ORS 197.360 - .380. Unlike the
typical land division processes available within the City's code, middle housing land divisions under SB 458
do not necessitate an increase in the density permitted on a given parent lot or parcel. Lake Oswego's
Development Code, per HB 2001, now permits an increased number of dwelling units on parcels that meet
minimum lot requirements, and land division applications are not necessary to develop middle housing on
parcels previously zoned for single-family residential use.
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divisions are allowed in order
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What is an Expedited Land Division?
The statutory"expedited land division" process provides an alternative to the standard land use process for
land division requests that meet specific eligibility requirements. Per SB 458, a middle housing land division
that meets all of the eligibility requirements (see "What are the Requirements to Qualify for a Middle
Housing Land Division?" below) must be processed as an expedited land division.
Is an Expedited Land Division Faster than the Standard Land Division Process?
The legislature intended an expedited land division (ELD) process to be more streamlined compared to the
process and time that standard land divisions could follow under state law. The City of Lake Oswego
typically processes partition applications within 42-56 days of the "complete"date. ELDs must be processed
within 63 days of the"complete"date. Therefore, in Lake Oswego, the processing time for standard land
divisions and ELDs is about the same. (Processing an appeal is additional; see "Who Makes the Decision?"
on next page.)
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What are the Requirements to Qualify for a Middle Housing Land Division?
SB 458 established a series of rules for how affected cities must process middle housing land division
applications. All middle housing land division applications must include [codified ORS 92.031]:
• A proposal for development of middle housing in compliance with the Oregon residential specialty
code and land use regulations applicable to the original lot under the City's development code;
• Separate utilities for each dwelling unit;
• Proposed easements necessary for each dwelling unit on the plan for:
o Locating, accessing, replacing and servicing all utilities;
o Pedestrian access from each dwelling unit to a private or public road;
o Any common use areas or shared building elements;
o Any dedicated driveways or parking; and
o Any dedicated common area;
• Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as
common areas; and
• Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with
applicable building codes provisions relating to new property lines and, notwithstanding the creation
of new lots or parcels, how structures or buildings located on the newly created lots or parcels will
comply with the Oregon residential specialty code.
What Conditions of Approval are required for a Middle Housing Land Division?
The City will require or condition the following for a middle housing land division:
• Prohibition of further division of the resulting lots or parcels;
• A notation in the final plat indicating approval was provided under ORS 92.031, limiting use to the
proposed middle housing development.
The City cannot, however, require or condition the following for a middle housing land division beyond the
proposed middle housing development:
• Additional driveways, vehicle access, or parking not required on the parent lot;
• Minimum or maximum street frontage;
• Minimum lot size or dimensions; or
• Any approval criteria other than those outlined in SB 458 (see "What are the Requirements to
Qualify for a Middle Housing Land Division?"above).
Did Senate Bill 458 address Vertical Divisions of Middle Housing? (One or more units of
middle housing are not located on the ground floor)
SB 458 did not specifically address vertical divisions of middle housing. However, SB 451 also includes a
requirement that each lot or parcel resulting from a middle housing land division contain exactly one
dwelling unit, which precludes cities from allowing vertical divisions to be approved as a middle housing
land division.
Pre-Application Conference Required
A Pre-Application Conference (Pre-App) is required for all middle housing land divisions prior to submitting
the land use application. The purpose of the Pre-App is to discuss the development proposal, the applicable
criteria, requirements for completing an application, and the decision making process. Please refer to the
City's Pre-App handout for more detailed information on this process.
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Application Procedure
Following the pre-application conference, the applicant files a formal application with the Planning and
Building Services Department using the Land Use Application form available on our website at
www.ci.oswego.or.us or at the Planning Department counter. The applicant also provides information and
materials specified in the Pre-App report. Please refer to the attached "Submittal Requirements" section for
a list of the typical materials that will be required for a middle housing land division application. A complete
list of the required application materials for your proposal will be provided at the Pre-App.
Submitted plans and attachments are routed to all concerned City departments for review. Using the
expedited land division process, the City has 21 days to determine whether the application is"complete". If
the application is"incomplete,"a letter will be sent to the applicant indicating what additional information is
necessary. When the application is"complete,"the City mails a Notice of Application to surrounding
property owners and affected neighborhood associations, which begins a 14-day public comment period.
Who Makes the Decision?
The application will be evaluated on the basis of the information provided by the applicant, the criteria
listed in Senate Bill 458, the pertinent sections of the City's Community Development Code and other
applicable codes, public comment, and inspection of the property.
Staff makes the decision on a middle housing land division application using the statutory expedited land
division process; there is no option to refer the application to the DRC because ORS 197.365 specifically
prohibits review of the application at a public hearing. City-recognized Neighborhood Associations are not
eligible for fee waivers for any appeal of a staff decision on an ELD. Appeals of the staff decision are
reviewed by an ELD referee appointed by the City Council. The ELD referee will have seven days following
appointment to notify the applicant, the City, the appellant if other than the applicant, any person or
organization entitled to notice, and all providers of public facilities and services entitled to notice to advise
the manner in which they may participate in the appeal. The ELD referee may use any procedure consistent
with the interests of the parties to ensure a fair opportunity to present information and argument. Appeal of
the referee's decision can be made to the Oregon Court of Appeals.
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Process and Timelines for Middle Housing Land Divisions
The flow chart below identifies the typical review process and timelines for a middle housing land division.
The process time cannot exceed 63 days from the date the application is "complete"for a final decision by
City staff. The ELD referee typically makes a decision within 42 days from the date of appeal.
Pre-Application Conference
2 weeks
Application Preparation and Submittal
Varies
Applicability and Completeness Review If not complete, prepare revisions
21 days Up to 180 days allowed
Public Comment Period
14 days
Staff Report/Notice of Decision
2-4 weeks
Appeal Period If no appeal is filed, the
14 days decision becomes final
Contact by ELD Referee (if appealed)
c„ 7 days following appointment
i
ELD Referee Decision If no appeal is filed, the
decision becomes final
Appeal to Oregon Court of Appeals
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SUBMITTAL REQUIREMENTS
A complete application is required before the City can proceed with technical analysis and make an
informed decision on your application. Following is a list of materials that are typically required for middle
housing land division applications; however, as each request is unique, additional items may be identified at
the Pre-App Conference. Only digital submissions of materials will be accepted. Please do not submit your
application until all the items on the list that apply to your proposal have been included. Consult with the
Planning and Building Services Department if you have a question. All application materials are public
records.
GENERAL
Please submit an electronic copy of each of the following items, including any additional items requested by
the City in the Pre-Application Checklist:
• Completed Land Use Application form signed by the property owner(s). Agent authorization is
required if application is not signed by owners of all subject parcels.
• Proof of ownership such as a copy of deed or title report.
• A survey map that is prepared, stamped and signed by a licensed surveyor that illustrates the
existing structure(s) on the site, existing setbacks, two-foot contour lines, utilities, easements,
and all trees that are 6" in diameter or greater on or in close proximity to the site.
• Preliminary plat showing dimensions and square footage for each lot and any easements for
utilities, pedestrian access, common use areas or shared building elements, dedicated
driveways/parking, and dedicated common area.
• A narrative addressing all applicable standards listed in the Pre-App Checklist in detail.
• Payment of application fee.
• Additional information as identified by the City in the Pre-App Checklist.
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