BEFORE THE CITY COUNCIL
FOR THE CITY OF HOOD RIVER, OREGON

ORDINANCE NO. 2036

An ordinance amending Title 17 (Zoning) of the Hood River Municipal Code, by repealing the following sections in their entirety:

• In Chapter 3 (Establishment of Land Use Zones): §17.03.020 Urban Standard Density Zone (R-2); §17.03.030 Urban High Density Zone (R-3); and §17.03.040 Office/Residential Zone (C-1)

• In Chapter 16 (Site Plan Review): §17.16.010 (Applicability); §17.16.040 (Decision Criteria); and §17.16.050 (Multi-Family and Group Residential Decision Criteria)

• In Chapter 19 (Townhouse Projects): §17.19.010 (Applicable Zones); and §17.19.020 (Standards)

And adopting the following amendments or new code sections in Title 17 (Zoning) of the Hood River Municipal Code regulating townhouse projects consistent with State-wide Planning Goal 10 and statutes applicable to needed housing:

• In Chapter 1 (General Provisions): §17.01.060 Definitions for Townhouse, Townhouse Building and Townhouse Project

• In Chapter 3 (Establishment of Land Use Zones): §17.03.020 Urban Standard Density Zone (R-2); §17.03.030 Urban High Density Zone (R-3); and §17.03.040 Office/Residential Zone (C-1)

• In Chapter 16 (Site Plan Review): §17.16.010 (Applicability); §17.16.040 (Decision Criteria); §17.16.050 (Multi-Family and Group Residential Decision Criteria); and 17.16.053 (Townhouse Project Decision Criteria)

• In Chapter 19 (Townhouse Projects): §17.19.010 (Applicable Zones); and §17.19.020 (Standards).

 The Hood River City Council finds as follows:

 WHEREAS, the City exercises exclusive comprehensive land use planning and permitting pursuant to the Statewide Planning Goals, ORS chapter 197 and 227, the City’s acknowledged Comprehensive Plan and land use regulations in Hood River Municipal Code (HRMC) Title 17 (Zoning); and

 WHEREAS, Statewide Planning Goal 10 (Housing) and ORS 197.295 to 197.314 limit the City’s ability to regulate or impose design requirements on all forms of “needed housing” to just clear and objective criteria, and ORS 197.303 defines “needed housing” to include townhouses; and

 WHEREAS, the City has required a conditional use permit for townhouses in the R-2, R-3 and C-1 zones; which involves the application of discretionary criteria and is not limited to clear and objective standards as required by state law; and

 WHEREAS, the City’s 2015 Housing Needs Analysis recommended that the City amend HRMC Title 17 to allow townhouses as a permitted use in R-2 and R-3 and bring the City’s land use regulations into compliance with Oregon’s needed housing requirements; and 

 WHEREAS, to comply with Statewide Planning Goal 10, the Housing Strategy notes that the City must adopt standards for townhomes in the R-2 and R-3 zoning districts that are clear and objective and do not restrict the development of townhomes through unreasonable cost or delay; and
 WHEREAS, the City’s Planning Commission held duly-noticed public hearings and workshop sessions to consider specific amendments to HRMC to implement this recommendation on October 3, 2016, November 7, 2016, December 19, 2016 and January 30, 2017, resulting in a set of specific amendments to the HRMC; and 
 
 WHEREAS, the City Council held a duly noticed public hearing to accept public testimony and consider the Planning Commission’s recommendation at the Council’s February 13, 2017 regular meeting at which time the Council accepted written and oral testimony; and

 WHEREAS, at the conclusion of the February 13, 2017 hearing, the Council deliberated a majority voted in favor of adoption of amendments to the Hood River Municipal Code to bring its townhouse regulations into compliance with Oregon’s needed housing laws in Statewide Planning Goal 10 (Housing) and ORS 197.295 to 197.314.

 NOW, THEREFORE, the Hood River City Council ordains as follows:

Section 1.  Repeal:  The following sections in Title 17 (Zoning) of the Hood River Municipal Code are hereby repealed in their entirety:

• In Chapter 3 (Establishment of Land Use Zones): §17.03.020 Urban Standard Density Zone (R-2); §17.03.030 Urban High Density Zone (R-3); and §17.03.040 Office/Residential Zone (C-1)
• In Chapter 16 (Site Plan Review): §17.16.010 (Applicability); §17.16.040 (Decision Criteria); and §17.16.050 (Multi-Family and Group Residential Decision Criteria)
• In Chapter 19 (Townhouse Projects): §17.19.010 (Applicable Zones); and §17.19.020 (Standards)
 

Section 2.  Adoption:  The new code sections addressing townhouses set forth in Exhibit A, attached hereto and incorporated herein by this reference, are hereby adopted as the following sections in Title 17 (Zoning) of the Hood River Municipal Code:

• In Chapter 3 (Establishment of Land Use Zones): §17.03.020 Urban Standard Density Zone (R-2); §17.03.030 Urban High Density Zone (R-3); and §17.03.040 Office/Residential Zone (C-1)

• In Chapter 16 (Site Plan Review): §17.16.010 (Applicability); §17.16.040 (Decision Criteria); §17.16.050 (Multi-Family and Group Residential Decision Criteria); and 17.16.053 (Townhouse Project Decision Criteria)

• In Chapter 19 (Townhouse Projects): §17.19.010 (Applicable Zones); and §17.19.020 (Standards).

Section 3.  Amendment.  Title 17 (Zoning) of the Hood River Municipal Code, Chapter 1 (General Provisions), §17.01.060 Definitions is hereby amended to incorporate the following definitions:

TOWNHOUSE (attached single family) means a single-family dwelling unit located on its own lot that shares one or more common or abutting walls with one or more single family dwelling units on adjacent lot(s).
TOWNHOUSE PROJECT means one or more townhouse buildings constructed on a building site where the land has been divided to reflect the townhouse property lines and the commonly owned property, if any.


Read for the First Time this February 27, 2017. 
Read for the Second Time and approved March 1, 2017.  This ordinance shall take effect on the 31st day following the second reading.

AYES: 
NAYS: 
ABSTAIN: 
ABSENT:           
      Paul Blackburn, Mayor

ATTEST:

     
Jennifer Gray, City Recorder