DCA22-0002 Middle Housing Land Divisions

Development Code Text Amendment

The City of Newberg is proposing to amend its development code to incorporate new information from Senate Bill 458 on Middle Housing Land Divisions. 

Senate Bill 458 was adoped by the Oregon Legislature in 2021. This bill is a follow-up to House Bill 2001, which legalized middle housing in many cities throughout the state. The bill allows lot divisions for middle housing types (duplexes, triplexes, quadplexes, townhouses, and cottage clusters) that enable them to be sold or owned individually. The new "child lots" lots created from Senate Bill 458 are not granted additional development rights and must be maintained to meet the criteria applicable to the "parent lot". Senate Bill 458 went into effect on June 30, 2022. Staff has worked on incorporating the language from Senate Bill 458 into various sections of the Newberg Municipal Code. 

Who this might impact: Property owners of duplexes, triplexes, quadplexes, townhouses, and cottage clusters who may be interested in individual lot divisions. 

Who this won't impact: Property owners of single-family homes or other housing types that are not interested in individual lot divisions. 

We invite you to participate in the land use hearing scheduled before the Planning Commission on February 9, 2023 at 7:00pm. If you wish to participate in the hearing, you may do so in person or be represented by someone else. Oral testimony typically is limited to five minutes per speaker.

If you mail your comments to the City, please put the following information on the outside of the envelope:

Written Comments: File No. DCA22-0002       
City of Newberg                                           
Community Development Department
PO Box 970
Newberg, OR  97132

All written comments must be turned in by noon on Monday February 6, 2023. Written information received after this time will be read out loud at the hearing subject to time limits for speakers, and will be included in the record if there are further proceedings.

You can look over all the information about this project or drop comments off at Newberg City Hall, 414 E First Street. You can also buy copies of the information for a cost of 25 cents a page. A staff report relating to the proposal will be available for inspection at no cost seven days prior to the public hearing. If you have any questions about the project, you can call the Newberg Planning Division at 503-537-1240.                                                                                                                 

Any issue which might be raised in an appeal of this case to the Land Use Board of Appeals (LUBA) must be raised during the public hearing process. You must include enough detail to enable the decision maker an opportunity to respond. The applicable criteria used to make a decision on this application for a comprehensive Plan amendment are found in Newberg Development Code Section 15.100.060.

Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application through a continuance or extension of the record. Failure of an issue to be raised in the hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to the State Land Use Board of Appeals based on that issue.

If you participate in the public hearing process, either by testifying at the public hearing, or by sending in written comments, you will be sent information about any decision made by the City relating to this project.

Additional information and updates such as public hearing schedules and other project information will be posted as evaluation of the project advances.