The purpose of Chapter
19.700 is to ensure that development, including redevelopment, provides public facilities that are safe, convenient, and adequate in rough proportion to their public facility impacts. The purposes of this chapter include the following:
(Ord. 2025 § 2, 2011)
(Ord. 2025 § 2, 2011; Ord. 2059 § 2, 2013; Ord. 2140 § 2, 2017; Ord. 2218 § 2 (Exh. B), 2022)
Chapter
19.700 applies to the following types of development in all zones:
E. Modification or expansion of an existing structure or a change or
intensification in use that results in any one of the following. See
Subsections 19.702.2-3 for specific applicability provisions for single
detached residential development and development in downtown zones.
2. Any increase in gross floor area.
3. Any projected increase in vehicle trips, as determined by the City
Engineer.
Chapter
19.700 applies to single detached and duplex residential expansions as described below. The City has determined that the following requirements are roughly proportional to the impacts resulting from single detached and duplex residential expansions.
A. For expansions or conversions that increase the combined gross floor area of all structures (excluding nonhabitable accessory structures and garages) by 1,500 sq ft or more, all of Chapter
19.700 applies.
B. For expansions or conversions that increase the combined gross floor area of all structures (excluding nonhabitable accessory structures and garages) by at least 800 sq ft, but not more than 1,499 sq ft, right-of-way dedication may be required pursuant to the street design standards and guidelines contained in Subsection
19.708.2.
C. For expansions or conversions that increase the combined gross floor area of all structures (excluding nonhabitable accessory structures and garages) by less than 800 sq ft, none of Chapter
19.700 applies.
D. Single detached and duplex residential expansions shall provide adequate public utilities as determined by the City Engineer pursuant to Section
19.709.
E. Construction or expansion of garage and carport structures shall comply with the requirements of Chapter
12.16 Access Management. Existing nonconforming accesses may not go further out of conformance and shall be brought closer into conformance to the greatest extent possible.
Chapter
19.700 does not apply to the following types of development in all zones:
A. Modifications to existing single detached and duplex residential
structures that do not result in an increase in gross floor area.
B. Construction or expansion of nonhabitable residential detached accessory
structures. Garage and carport construction or expansions are only
partially exempt. See Subsection 19.702.2.E above.
C. Property line adjustments.
D. Redevelopment of a structure following partial or total accidental
destruction when all of the following criteria are met:
1. The redeveloped structure has a gross floor area no larger than the
structure that was destroyed.
2. The use of the structure remains the same as the use that existed
before the structure was destroyed.
3. A building permit is submitted and approved by the City within 2
years of the date of accidental destruction.
If redevelopment of a structure following accidental destruction does not meet all three of these criteria, the redeveloped structure shall be subject to Subsections 19.702.1. and 2 as applicable. Redevelopment of a structure following nonaccidental destruction shall constitute new construction and is not exempt from Chapter 19.700.
|
E. Operation, maintenance, and repair of existing public facilities.
F. Public capital improvement projects.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2059 § 2, 2013; Ord. 2140 § 2, 2017)
For all proposed development that requires a land use application and is subject to Chapter
19.700 per Section
19.702, the applicant shall schedule a preapplication conference with the City prior to submittal of the land use application. The Engineering Director may waive this requirement for proposals that are not complex.
For all proposed development that is subject to Chapter
19.700 per Section
19.702, one of the following types of applications is required.
A. Development Permit Application
If the proposed development does not require a land use application, compliance with Chapter
19.700 will be reviewed as part of the development permit application submittal.
B. Transportation Facilities Review (TFR) Land Use Application
If the proposed development triggers a transportation impact study (TIS) per Section
19.704, a TFR land use application shall be required. Compliance with Chapter
19.700 will be reviewed as part of the TFR application submittal and will be subject to a Type II review process as set forth in Section
19.1005. The TFR application shall be consolidated with, and processed concurrently with, any other required land use applications.
If the proposed development does not trigger a TIS per Section
19.704, but does require the submittal of other land use applications, compliance with Chapter
19.700 will be reviewed during the review of the other land use applications.
For all proposed development that is subject to Chapter
19.700 per Section
19.702, the required development permit and/or land use application shall demonstrate compliance with the following approval criteria at the time of submittal.
A. Procedures, Requirements, and Standards
Development and related public facility improvements shall comply with procedures, requirements, and standards of Chapter
19.700 and the Public Works Standards.
B. Transportation Facility Improvements
Development shall provide transportation improvements and mitigation at the time of development in rough proportion to the potential impacts of the development per Section
19.705 Rough Proportionality, except as allowed by Chapter
13.32 Fee in Lieu of Construction.
Development in downtown zones that is exempt per Subsection
19.702.3.B shall only be required to provide transportation improvements
that are identified by a Transportation Impact Study as necessary
to mitigate the development's transportation impacts. Such development
is not required to provide on-site frontage improvements.
C. Safety and Functionality Standards
The City will not issue any development permits unless the proposed
development complies with the City's basic safety and functionality
standards, the purpose of which is to ensure that development does
not occur in areas where the surrounding public facilities are inadequate.
Upon submittal of a development permit application, an applicant shall
demonstrate that the development property has or will have all of
the following:
1. Adequate street drainage, as determined by the Engineering Director.
2. Safe access and clear vision at intersections, as determined by the
Engineering Director.
3. Adequate public utilities, as determined by the Engineering Director.
4. Access onto a public street with the minimum paved widths as stated
in Subsection 19.703.3.C.5 below.
5. Adequate frontage improvements as follows:
a.
For local streets, a minimum paved width of 16 ft along the
site's frontage.
b.
For nonlocal streets, a minimum paved width of 20 ft along the
site's frontage.
c.
For all streets, a minimum horizontal right-of-way clearance
of 20 ft along the site's frontage.
6. Compliance with Level of Service D for all intersections impacted
by the development, except those on Oregon Highway 99E that shall
be subject to the following:
a.
Level of Service F for the first hour of the morning or evening
2-hour peak period.
b.
Level of Service E for the second hour of the morning or evening
2-hour peak period.
There are 4 key determinations related to transportation facility
improvements that occur during the processing of a development permit
or land use application. These determinations are described below
in the order in which they occur in the review process. They are also
shown in Figure 19.703.4. In making these determinations, the City
Engineer will take the goals and policies of the TSP into consideration
and use the criteria and guidelines in this chapter.
A. Impact Evaluation
For development that is subject to Chapter
19.700 per Subsection
19.702.1, the City Engineer will determine whether the proposed development has impacts to the transportation system pursuant to Section
19.704. Pursuant to Subsection
19.704.1, the City Engineer will also determine whether a Transportation Impact Study (TIS) is required, or for smaller developments, if an Access Study or Transportation Memo is sufficient. If a TIS is required, a transportation facilities review land use application shall be submitted pursuant to Subsection 19.703.2.B.
For development that is subject to Chapter
19.700 per Subsection
19.702.2, the City has determined that there could be impacts to the transportation system if the proposed single detached residential expansion/conversion is greater than 800 sq ft.
B. Street Design
Given the City's existing development pattern, it is expected that most transportation facility improvements will involve existing streets and/or will serve infill development. To ensure that required improvements are safe and relate to existing street and Development conditions, the City Engineer will determine the most appropriate street design cross section using the standards and guidelines contained in Section
19.708 or in conformance to the Public Works Standards. On-site frontage improvements are not required for downtown development that is exempt per SubSection 19.702.3.B.
C. Proportional Improvements
When transportation facility improvements are required pursuant to this chapter, the City Engineer will conduct a proportionality analysis pursuant to Section
19.705 to determine the level of improvements that are roughly proportional to the level of potential impacts from the proposed development. Guidelines for conducting a proportionality analysis are contained in Subsection
19.705.2.
D. Fee in Lieu of Construction (FILOC)
If transportation facility improvements are required and determined to be proportional, the City will require construction of the improvements at the time of development. However, the applicant may request to pay a fee in lieu of constructing the required transportation facility improvements. The City Engineer will approve or deny such requests using the criteria for making FILOC determinations found in Chapter
13.32 Fee in Lieu of Construction.
The Engineering Director will determine whether a proposed development
has impacts on the transportation system by using existing transportation
data. If the Engineering Director cannot properly evaluate a proposed
development's impacts without a more Detailed study, a transportation
impact study (TIS) will be required to evaluate the adequacy of the
transportation system to serve the proposed development and determine
proportionate mitigation of impacts. The TIS determination process
and requirements are detailed below.
(Ord. 2025 § 2, 2011; Ord. 2218 § 2 (Exh. B), 2022)
The purpose of this section is to ensure that required transportation facility improvements are roughly proportional to the potential impacts of the proposed development. The rough proportionality requirements of this section apply to both frontage and off-site, or nonfrontage, improvements. A rough proportionality determination may be appealed pursuant to Subsection
19.703.5.
The Engineering Director will conduct a proportionality analysis for any proposed Development that triggers transportation facility improvements per this chapter, with the exception of development subject to Subsection
19.702.2. The Engineering Director may conduct a proportionality analysis for development that triggers transportation facility improvements per Subsection
19.702.2.
When conducting a proportionality analysis for frontage improvements,
the Engineering Director will not consider prior use for the portion
of the proposed development that involves new construction. The Engineering
Director will, however, consider any benefits that are estimated to
accrue to the development property as a result of any required transportation
facility improvements.
The following general provisions apply whenever a proportionality
analysis is conducted.
(Ord. 2025 § 2, 2011)
Mitigation of impacts, due to increased demand for transportation facilities associated with the proposed development, shall be provided in rough proportion to the transportation impacts of the proposed development. When a TIS is required, potential impacts will be determined in accordance with Section
19.704. When no TIS is required, potential impacts will be determined by the Engineering Director.
The following shall be considered when determining proportional
improvements:
A. Condition and capacity of existing facilities within the impact area in relation to City standards. The impact area is generally defined as the area within a 1/2-mile radius of the proposed Development. If a TIS is required pursuant to Section
19.704, the impact area is the TIS study area.
B. Existing vehicle, bicycle, pedestrian, and transit use within the
impact area.
C. The effect of increased demand associated with the proposed development
on transportation facilities and on other approved, but not yet constructed,
development projects within the impact area.
D. The most recent use when a change in use is proposed that does not
involve new Construction.
E. Applicable TSP goals, policies, and plans.
F. Whether any route affected by increased transportation demand within
the impact area is listed in any City program including, but not limited
to, school trip safety, neighborhood traffic management, capital improvement,
and system development improvement.
G. Accident history within the impact area.
H. Potential increased safety risks to transportation facility users,
including pedestrians and cyclists.
I. Potential benefit the development property will receive as a result
of the construction of any required transportation facility improvements.
J. Other considerations as may be identified in the review process.
(Ord. 2025 § 2, 2011; Ord. 2112 § 2 (Exh. B), 2015)
In addition to the general notice provisions set forth in Chapter
19.1000 for land use applications, the City shall provide notice of applications that are subject to Chapter
19.700 to the following agencies:
A. Oregon Department of Transportation (ODOT): If the proposed development
generates more than 100 vehicle trips per day, is within 200 ft of
a State highway, or is within 1,320 ft of a State highway interchange
ramp.
B. ODOT Rail Division: If the proposed development is within 300 ft
of a public railroad crossing or if a modification is proposed to
an existing public railroad crossing. Private crossing improvements
are subject to review and licensing by the private rail service provider.
C. Metro and Clackamas County: If the proposed development is within
200 ft of a designated arterial or collector roadway, as identified
in Figure 8-1 of the TSP.
D. Metro: If the proposed development is within 200 ft of a designated
regional multiuse trail, as identified in the Regional Transportation
Plan.
E. TriMet: If the proposed development (excluding single-family development
on an existing lot) is within 200 ft of an existing or proposed transit
route as identified on the current TriMet service map and Figure 7-3
of the TSP.
The City shall coordinate application review and land use findings
and conditions, if any, with the agencies listed above. The City shall
include the deadline for review comments in its notice. Agencies shall
indicate in their comments if additional public facility permits or
approvals are required through their agency separate from City permits
and approvals.
This section contains the City's requirements and standards
for improvements to public streets, including pedestrian, bicycle,
and transit facilities. For ease of reading, the more common term
"street" is used more frequently than the more technical terms "public
right-of-way" or "right-of-way." As used in this section, however,
all three terms have the same meaning.
The City recognizes the importance of balancing the need for
improved transportation facilities with the need to ensure that required
improvements are fair and proportional. The City also acknowledges
the value in providing street design standards that are both objective
and flexible. Objective standards allow for consistency of design
and provide some measure of certainty for developers and property
owners. Flexibility, on the other hand, gives the City the ability
to design streets that are safe and that respond to existing street
and development conditions in a way that preserves neighborhood character.
The City's street design standards are based on the street classification
system described in the TSP. Figure 8-1 of the TSP identifies the
functional street classification for every street in the City and
Figure 10-1 identifies the type and size of street elements that may
be appropriate for any given street based on its classification.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2059 § 2, 2013; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2168 § 2, 2019; Ord. 2218 § 2 (Exh. B), 2022)
Table 19.708.2 contains the street design elements and dimensional
standards for street cross sections by functional classification.
Dimensions are shown as ranges to allow for flexibility in developing
the most appropriate cross section for a given street or portion of
street based on existing conditions and the surrounding development
pattern. The additional street design standards in Subsection 19.708.2.A
augment the dimensional standards contained in Table 19.708.2. The
Engineering Director will rely on Table 19.708.2 and Subsection 19.708.2.A
to determine the full-width cross section for a specific street segment
based on functional classification. The full-width cross section is
the sum total of the widest dimension of all individual street elements.
If the Engineering Director determines that a full-width cross section
is appropriate and feasible, a full-width cross Section will be required.
If the Engineering Director determines that a full-width cross section
is not appropriate or feasible, the Engineering Director will modify
the full-width cross section requirement using the guidelines provided
in Subsection 19.708.2.B. Standards for design speed, horizontal/vertical
curves, grades, and curb return radii are specified in the Public
Works Standards.
A. Additional Street Design Standards
These standards augment the dimensional standards contained
in Table 19.708.2 and may increase the width of an individual street
element and/or the full-width right-of-way dimension.
1. Minimum 10-ft travel lane width shall be provided on local streets
with no on-street parking.
2. Where travel lanes are next to a curb line, an additional one ft
of travel lane width shall be provided. Where a travel lane is located
between curbs, an additional 2 ft of travel lane width shall be provided.
3. Where shared lanes or bicycle boulevards are planned, up to an additional
6 ft of travel lane width shall be provided.
4. Bike lane widths may be reduced to a minimum of 4 ft where unusual
circumstances exist, as determined by the City Engineer, and where
such a reduction would not result in a safety hazard.
5. Where a curb is required by the City Engineer, it must be designed
in accordance with the Public Works Standards.
6. Center turn lanes are not required for truck and bus routes on street
classifications other than arterial roads.
7. On-street parking in industrial zones must have a minimum width of
8 ft.
8. On-street parking in commercial zones must have a minimum width of
7 ft.
9. On-street parking in residential zones must have a minimum width
of 6 ft.
10.
On-street parking on local streets in residential zones adjacent
to middle housing, community service use, or other uses as allowed
by code and as approved by the City Engineer may include diagonal
parking, with minimum dimensions as provided in Table 19.708.3. Diagonal
parking would be allowed as determined by the City Engineer, where
sufficient right-of-way exists outside of the paved street area, and
where it would not result in a safety hazard.
Table 19.708.3
Street Parking Design Standards
|
---|
Angle (A)
|
Width (B)
|
Curb Length (C)
|
Depth (D)
|
---|
Full and Mid-Size Vehicles
|
0° (parallel)
|
8
|
22
|
8
|
30°
|
8
|
16
|
16.5
|
45°
|
8
|
11.5
|
18.5
|
60°
|
8
|
9.5
|
19
|
90° (perpendicular)
|
8
|
8
|
18
|
Compact Size Vehicles
|
0° (parallel)
|
7
|
20
|
7
|
30°
|
7
|
14
|
14.5
|
45°
|
7
|
10
|
16.5
|
60°
|
7
|
8.5
|
17
|
90° (perpendicular)
|
7
|
7
|
16
|
Figure 19.708.1 Parking Dimension Factors
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11.
The dimension and number of vehicle parking spaces provided
for disabled persons must be according to federal and state requirements.
12.
Sidewalk widths may be reduced to a minimum of 4 ft for short
distances for the purpose of avoiding obstacles within the public
right-of-way, including, but not limited to, trees and power poles.
13.
Landscape strip widths shall be measured from back of curb to
front of sidewalk.
14.
Where landscape strips are required, street trees shall be provided
a minimum of every 40 ft in accordance with the Public Works Standards
and the Milwaukie Street Tree List and Street Tree Planting Guidelines.
15.
Where water quality treatment is provided within the public
right-of-way, the landscape strip width may be increased to accommodate
the required treatment area.
16.
A minimum of 6 in shall be required between a property line
and the street element that abuts it; e.g., sidewalk or landscape
strip.
B. Street Design Determination Guidelines
The Engineering Director shall make the final determination
regarding right-of-way and street element widths using the ranges
provided in Table 19.708.2 and the additional street design standards
in Subsection 19.708.2.A. The Engineering Director shall also determine
whether any individual street element may be eliminated on one or
both sides of the street in accordance with Figure 10-1 of the TSP.
When making a street design determination that varies from the full-width
cross section, the Engineering Director shall consider the following:
1. Options and/or needs for environmentally beneficial and/or green
street designs.
2. Multimodal street improvements identified in the TSP.
3. Street design alternative preferences identified in Chapter 10 of
the TSP, specifically regarding sidewalk and landscape strip improvements.
4. Existing development pattern and proximity of existing structures
to the right-of-way.
5. Existing right-of-way dimensions and topography.
The Engineering Director shall review all proposed development subject to Chapter
19.700 per Section
19.702 in order to: (1) evaluate the adequacy of existing public utilities to serve the proposed development; and (2) determine whether new public utilities or an expansion of existing public utilities is warranted to ensure compliance with the City's public utility requirements and standards.
A. Permit Review
The Engineering Director shall make every effort to review all
development permit applications for compliance with the City's public
utility requirements and standards within 10 working days of application
submittal. Upon completion of this review, the Engineering Director
shall either approve the application, request additional information,
or impose conditions on the application to ensure compliance with
this Chapter.
B. Review Standards
Review standards for public utilities shall be those standards
currently in effect, or as modified, and identified in such public
documents as Milwaukie's Comprehensive Plan, Wastewater Master Plan,
Water Master Plan, Stormwater Master Plan, Transportation System Plan,
and Public Works Standards.
Public utility improvements shall be required for proposed development
that would have a detrimental effect on existing public utilities,
cause capacity problems for existing Public utilities, or fail to
meet standards in the Public Works Standards. Development shall be
required to complete or otherwise provide for the completion of the
required improvements.
A. The Engineering Director shall determine which, if any, utility improvements
are required. The Engineering Director's determination requiring utility
improvements shall be based upon an analysis that shows the proposed
development will result in one or more of the following situations:
1. Exceeds the design capacity of the utility.
2. Exceeds Public Works Standards or other generally accepted standards.
3. Creates a potential safety hazard.
4. Creates an ongoing maintenance problem.
B. The Engineering Director may approve one of the following to ensure
completion of required utility improvements.
1. Formation of a reimbursement district in accordance with Chapter
13.30 for off-site Public facility improvements fronting other properties.
2. Formation of a local improvement district in accordance with Chapter
3.08 for off-site public facility improvements fronting other properties.
Public utility improvements shall be designed and improved in
accordance with the requirements of this chapter, the Public Works
Standards, and improvement standards and specifications identified
by the City during the development review process. The applicant shall
provide engineered utility plans to the Engineering Director for review
and approval prior to construction to demonstrate compliance with
all City standards and requirements.
The Engineering Director may require utility oversizing in anticipation of additional System demand. If oversizing is required, the Engineering Director may authorize a reimbursement district or a system development charge (SDC) credit in accordance with Chapter
13.28.
The Engineering Director shall monitor the progress of all public utility improvements by the applicant to ensure project completion and compliance with all City permitting requirements and standards. Utility improvements are subject to the requirements of Chapter
12.08. Follow-up action, such as facility inspection, bond release, and enforcement, shall be considered a part of the monitoring process.