Changes to state law will require updates to Troutdale Development Code this spring. These changes will permit the development of middle housing in single-family zoned residential areas if certain development standards are met.
Q&A on House Bill 2001
You may have questions or concerns about the state law and its impacts on Troutdale. Listed below are some common questions the city has received:
What is in House Bill 2001?
HB 2001 is an Oregon law that requires cities of a certain size and type to allow for “middle housing” in areas that have historically been zoned exclusively for detached single-family housing.
What is “middle housing”?
See the images above and on page 5. Middle housing includes duplexes, triplexes, quadplexes, townhouses, and cottage cluster development.
Are apartments considered middle housing?
No. Apartments and condominiums are considered high-density housing.
Does this mean that no one can build detached single-family homes?
Detached single-family homes can still be built in the same areas as before. This law states that cities can no longer prohibit middle-housing from being potentially built or have exclusively single-family detached zoning districts.
When was House Bill 2001 adopted into law?
Gov. Brown signed HB 2001 into law in August of 2019. Since that time, the state Department of Land Conservation and Development (DLCD) has developed the rules and a model code that cities must use as a starting point.
What is a model code?
A model code is code language developed by the state that cities can either fully adopt or use as a starting point to refine their own development code. It contains the minimum standards required to be consistent with the new law.
Why is the state requiring this?
Proponents of the law have stated their belief that Oregon communities are not developing enough housing, which is contributing to housing affordability issues, particularly in the Portland region. The belief is that by making zoning less restrictive, additional housing options such as middle housing can add to a community’s housing inventory and thus increase supply to meet demand. Historically, middle housing were often in single-family neighborhoods until the 1940s and 1950s when exclusive single-family zoning became popular.
When will these changes take effect?
Upon City Council adopting the required changes to the development code or on July 1, 2022; whichever comes first. It is expected that the Troutdale Planning Commission will hold hearings in late April and into May.
What is Troutdale’s position on this law?
In 2019, the City Council unanimously adopted a resolution opposing HB 2001 as a one-size-fits-all mandate that did not take into account local efforts and situations. Many other cities had similar concerns at the time.
What is the expected impact on Troutdale neighborhoods?
Although HB 2001 will increase the types of housing allowed in large areas of the city, it is important to know that much of the residential areas of the city are already built out. Staff believes this law will have a greater impact for those communities that have significant areas of residential development yet to occur, such as those in suburban Washington and Clackamas counties.
If properties wished to be re-configured or developed, anything more dense than a duplex will be required to perform an analysis that shows they have limited impacts to utility systems. Since much of Troutdale’s single-family neighborhoods contains infrastructure that was meant to serve that type of density, it may be difficult, if not cost-prohibitive for some development to try to densify a lot beyond a duplex-type arrangement.
I live in a subdivision with restrictive covenants. Does this law apply?
It depends. If a subdivision’s covenants specifically restrict development to only detached single-family homes and the covenants were in effect prior to the bill’s adoption into law, then HB 2001 does not apply. If the covenants do not have a specific prohibition, then HB 2001 does apply.
To see if this law applies to your subdivision, you should review your property covenants or check with your property owners association or management company. The City believes that HB 2001 will apply to most neighborhoods.
How will this impact my property value?
It remains unclear about this particular law. Studies have shown however that allowing for middle housing in single-family neighborhoods has no negative impact on property values, since they are residential uses too. It should also be stated that many single-family zoned neighborhoods of Troutdale already allow for duplexes and several neighborhoods contain a mixture of single-family homes and middle housing via a planned development agreement.
How can I track the progress of this update?
Click here for ways to follow the code amendment process.
Middle Housing Examples
The term “middle housing” is somewhat new, but the types of housing it refers to are not. Shown below are the middle-housing typologies that the new state law will require cities permit in single-family zoned areas. Remember, anything more intense than a duplex requires additional review and engineering study in order to be permitted.
Click on each image below to see a larger version.
Duplex
A duplex features two equivalent dwelling units on a same lot. The example to the left is in Troutdale. Duplexes that are separated by a property line down the middle are now considered townhouses. Duplexes can be side-by-side (as shown), stacked, or detached.
Duplexes are exempt from significant land use review, as are single-family detached homes.
Triplex
A triplex features three dwelling units on the same lot. The example to the left is in Sumner, Washington. Triplexes can be side-by-side, stacked and can be made to look like separate buildings or can be disguised into a larger home.
Applications to develop triplexes must go through a land use review and prove that city utility systems can sufficiently serve them.
Quadplex
A quadplex features four dwelling units on the same lot. The example to the left is in northeast Portland. Quadplexes can be arranged in several configurations, but typically they involve two units on each floor of a larger building.
As with triplexes, quadplexes are required to go through land use review and prove that city utility systems can sufficiently serve them.
Townhouse
A townhouse is a single-family attached dwelling unit that is on its own lot and shares a common wall with another unit. The units shown on the left are in downtown Troutdale. Duplexes that are separated by a lot line are now classified as townhouses based on state law.
Townhouse development will require land use review and must prove that city utility systems can sufficiently serve them.
Cottage Cluster
Cottage clusters are a grouping of smaller-sized homes or cottages around a central courtyard or common area on a single lot. The units shown on the left are in Oregon City. The cottages can be owned via a condo plat or rented. The size of the cottages are less than 1,400 sq. ft. in total floor area.
Clusters require land use review and must prove that utility systems can sufficiently serve them.
Expected changes to Development Code
In order to accommodate the required changes from state law, the Troutdale Development Code (TDC) will require changes to its structure, labeling, and certain terms. The City intends to make other changes to the code to improve its readability and ease of use. Doing so will better articulate the intentions of a zoning district and help clarify where certain development is anticipated or expected. Many of the aspects however will not change.
Zoning District Renaming and Consolidation
- R-10, R-20 zoning districts to become Low Density Residential 1 (LDR-1)
- R-7 zoning district to become Low Density Residential 2 (LDR-2)
- R-5, R-4 zoning districts to become Medium Density Residential (MDR)
- A-2 zoning district to become High Density Residential (HDR)
- CBD zoning district to become Downtown Mixed-Use (MU-1)
- MO/H and NC zoning districts to become General Mixed-Use (MU-2)
New Layout
- Chapter 3 (Zoning Districts) to have use and dimensional tables
- Chapter 8 to hold all design review criteria
- Chapter 9 (Parking) and 11 (Landscaping) to be merged into Chapter 8
- Downtown Design Standards to merge into Chapter 8
New Review Standards
- New process for reviewing duplexes
- New process and design criteria for reviewing triplexes and duplexes
- New design standards for townhouses
- New process and design criteria for reviewing cottage clusters
Review Timeline
These changes are expected to be reviewed by the Planning Commission at a work session on March 9, 2022 and ultimately be reviewed at public hearings currently anticipated for April 27 at Planning Commission and May 8 and May 22 at City Council.
For more details, please contact the Planning Division at 503-674-7230 or email comdev [at] troutdaleoregon.gov (comdev[at]troutdaleoregon[dot]gov)
A version of this article originally appeared in the March-April edition of the Troutdale Champion.