Milwaukie City Zoning Code
CHAPTER 19
700 PUBLIC FACILITY IMPROVEMENTS
§ 19.701 Purpose
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)
§ 19.701.1 For Transportation Facilities.
A.
Provide standards and procedures to implement provisions of the State Transportation Planning Rule (OAR 660, Division 12) and local, regional, and state transportation system plans.
B.
Protect the functional classification, capacity, and level of service of transportation facilities.
C.
Ensure that transportation facility improvements are provided in rough proportion to Development impacts.
D.
Provide an equitable and consistent method of requiring transportation facility improvements.
E.
Ensure that transportation facility improvements accommodate multiple modes of travel, including pedestrian, bicycle, transit, and auto.
§ 19.701.2 For Public Facilities.
A.
Ensure that public facility improvements are safe, convenient, and adequate.
B.
Ensure that public facility improvements are designed and constructed to City standards in a timely manner.
C.
Ensure that the expenditure of public monies for public facility improvements is minimized when improvements are needed for private development.
D.
Ensure that public facility improvements meet the City of Milwaukie Comprehensive Plan goals and policies.
§ 19.702 Applicability
(Ord. 2025 § 2, 2011; Ord. 2059 § 2, 2013; Ord. 2140 § 2, 2017; Ord. 2218 § 2 (Exh. B), 2022)
§ 19.702.1 General.
Chapter 19.700 applies to the following types of development in all zones:
A.
Partitions.
B.
Subdivisions.
C.
Replats.
D.
New construction.
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.
§ 19.702.2 Single Detached and Duplex Residential Expansions.
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.
§ 19.702.3 Downtown Zones.
A.
Purpose
The purpose of the specific exemptions for some types of development in downtown Milwaukie is to encourage new uses in, and revitalization of, existing structures in downtown and to recognize that the transportation infrastructure in downtown is more complete than in other areas of the city.
B.
Exemptions
1.
For expansions or conversions that increase the combined gross floor area of all structures by 1,500 sq ft or less, frontage improvements are exempt, as described in the approval criterion of Subsection 19.703.3.B.
C.
Limitation to Exemptions
No more than one exempt increase in gross floor area, as described in Subsection 19.702.3.B.1, is allowed every 5 years. The 5-year period starts from the date the City issues an occupancy permit or final inspection for the expanded or converted development.
Chapter 19.700 applies to subsequent development that would exceed this limitation as follows.
1.
Subsequent development is exempt per Subsection 19.702.3.B.1 if the total floor area of the initial development and subsequent development does not exceed 1,500 sq ft.
§ 19.702.4 Exemptions.
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.
§ 19.703 Review Process
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2059 § 2, 2013; Ord. 2140 § 2, 2017)
§ 19.703.1 Preapplication Conference.
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.
§ 19.703.2 Application Submittal.
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.
§ 19.703.3 Approval Criteria.
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:
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:
§ 19.703.4 Determinations.
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.
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.
 |
§ 19.703.5 Remedies.
B.
Appeals
Appeal of a land use decision is subject to the provisions of Chapter 19.1009. Appeal of a rough proportionality determination (Subsection 19.702.2 and Section 19.705) or street design standard determination (Subsection 19.708.2) not associated with a land use decision is subject to the provisions of Section 19.1006 Type III Review.
§ 19.704 Transportation Impact Evaluation
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)
§ 19.704.1 TIS Determination.
A.
Based on information provided by the applicant about the proposed development, the Engineering Director will determine when a TIS is required and will consider the following when making that determination.
1.
Changes in land use designation, zoning designation, or development standard.
2.
Changes in use or intensity of use.
3.
Projected increase in trip generation.
4.
Potential impacts to residential areas and local streets.
5.
Potential impacts to priority pedestrian and bicycle routes, including, but not limited to, school routes and multimodal street improvements identified in the TSP.
6.
Potential impacts to intersection level of service (LOS).
B.
It is the responsibility of the applicant to provide enough detailed information for the Engineering Director to make a TIS determination.
C.
A TIS determination is not a land use action and may not be appealed.
§ 19.704.2 TIS General Provisions.
A.
All transportation impact studies, including neighborhood through-trip and access studies, shall be prepared and certified by a registered Traffic or Civil Engineer in the State of Oregon.
B.
Prior to TIS scope preparation and review, the applicant shall pay to the City the fees and deposits associated with TIS scope preparation and review in accordance with the adopted fee schedule. The City's costs associated with TIS scope preparation and review will be charged against the respective deposits. Additional funds may be required if actual costs exceed deposit amounts. Any unused deposit funds will be refunded to the applicant upon final billing.
C.
The TIS shall be submitted with a transportation facilities review (TFR) land use application pursuant to Subsection 19.703.2.B and associated application materials pursuant to SubSection 19.703.3. The City will not accept a TFR application for processing if it does not include the required TIS. The City will not accept other associated land use applications for processing if they are not accompanied by the required TFR application.
D.
The Engineering Director may require a TIS review conference with the applicant to discuss the information provided in the TIS. This conference would be in addition to the required preapplication conference pursuant to Subsection 19.703.1. If such a conference is required, the City will not accept the TFR application for processing until the conference has taken place. The applicant shall pay the TIS review conference fee at the time of conference scheduling, in accordance with the adopted fee schedule.
§ 19.704.3 TIS Requirements.
A.
TIS Scope
The Engineering Director shall determine the study area, study intersections, trip rates, traffic distribution, and required content of the TIS based on information provided by the applicant about the proposed development.
1.
The study area will generally comprise an area within a ½-mile radius of the Development site. If the Engineering Director determines that development impacts may extend more than ½ mile from the development site, a larger study area may be required.
B.
TIS Content
A project-specific TIS checklist will be provided by the City once the Engineering Director has determined the TIS scope. A TIS shall include all of the following elements, unless waived by the Engineering Director.
1.
Introduction and Summary
This section should include existing and projected trip generation including vehicular trips and mitigation of approved development not built to date; existing level and proposed level of service standard for City and County streets and volume to capacity for State roads; project build year and average growth in traffic between traffic count year and build year; summary of transportation operations; proposed mitigation(s); and traffic queuing and delays at study area intersections.
2.
Existing Conditions
This section should include a study area description, including existing study intersection level of service.
3.
Impacts
This section should include the proposed site plan, evaluation of the proposed site plan, and a project-related trip analysis. A figure showing the assumed future year roadway network (number and type of lanes at each intersection) should also be provided.
4.
Mitigation
This section should include proposed site and areawide specific mitigation measures. Mitigation measures shall be roughly proportional to potential impacts pursuant to Section 19.705.
5.
Appendix
This section should include traffic counts, capacity calculations, warrant analysis, and any information necessary to convey a complete understanding of the technical adequacy of the TIS.
C.
TIS Methodology
The City will include the required TIS methodology with the TIS scope.
D.
Neighborhood Through-Trip Study
Any nonresidential development projected to add more than 25 through-vehicles per day to an adjacent residential local street or neighborhood route will require assessment and mitigation of residential street impacts. Through-trips are defined as those to and from a proposed development that have neither an origin nor a destination in the neighborhood. The through-trip study shall include all of the following:
§ 19.704.4 Mitigation.
A.
Transportation impacts must be mitigated at the time of development when the TIS identifies an increase in demand for vehicular, pedestrian, bicycle, or transit transportation facilities within the study area. With phased developments, transportation impacts must be mitigated at the time that particular phase of development identified in the TIS creates the need for the improvements to occur.
B.
The following measures may be used to meet mitigation requirements. Other mitigation measures may be suggested by the applicant or recommended by a state authority (e.g., ODOT) in circumstances where a state facility will be impacted by a proposed development. The City Engineer or other decision-making body, as identified in Chapter 19.1000, shall determine if the proposed mitigation measures are adequate.
1.
On-and off-site improvements beyond required frontage improvements.
2.
Development of a transportation demand management program.
3.
Payment of a fee in lieu of construction.
4.
Correction of off-site transportation deficiencies within the study area that are not substantially related to development impacts.
5.
Construction of on-site facilities or facilities located within the right-of-way adjoining the development site that exceed minimum required standards and that have a transportation benefit to the public.
§ 19.705 Rough Proportionality
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)
§ 19.705.1 Impact Mitigation.
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.
§ 19.705.2 Rough Proportionality Guidelines.
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.
§ 19.707 Agency Notification and Coordinated Review
(Ord. 2025 § 2, 2011; Ord. 2112 § 2 (Exh. B), 2015)
§ 19.707.1 Agency Notification.
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.
§ 19.707.2 Coordinated Review.
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.
§ 19.708 Transportation Facility Requirements
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)
§ 19.708.1 General Street Requirements and Standards.
C.
Development in Downtown Zones
Street design standards and right-of-way dedication for the downtown zones are subject to the requirements of the Milwaukie Public Works Standards, which implement the streetscape design of the Milwaukie Downtown and Riverfront Plan: Public Area Requirements (PAR). Unless specifically stated otherwise, the standards in Section 19.708 do not apply to development located in the downtown zones or on street sections shown in the PAR per Subsection 19.304.6.
D.
Development in Non-Downtown Zones
Development in a non-downtown zone that has frontage on a street section shown in the PAR is subject to the requirements of the Milwaukie Public Works Standards, which implements the street design standards and right-of-way dedication requirements contained in the PAR for that street frontage. The following general provisions apply only to street frontages that are not shown in the PAR and for Development that is not in any of the downtown zones listed in Subsection 19.708.1.C above:
1.
Streets shall be designed and improved in accordance with the standards of this chapter and the Public Works Standards. ODOT facilities shall be designed consistent with State and federal standards. County facilities shall be designed consistent with County standards.
2.
Streets shall be designed according to their functional classification per Figure 8-3b of the TSP.
3.
Street right-of-way shall be dedicated to the public for street purposes in accordance with Subsection 19.708.2. Right-of-way shall be dedicated at the corners of street Intersections to accommodate the required turning radii and transportation facilities in accordance with Section 19.708 and the Public Works Standards. Additional dedication may be required at intersections for improvements identified by the TSP or a required transportation impact study.
4.
The City shall not approve any development permits for a proposed development unless it has frontage or approved access to a public street.
5.
Off-site street improvements shall only be required to ensure adequate access to the proposed development and to mitigate for off-site impacts of the proposed development.
6.
The following provisions apply to all new public streets and extensions to existing public streets.
a.
All new streets shall be dedicated and improved in accordance with this chapter.
b.
Dedication and construction of a half-street is generally not acceptable. However, a half-street may be approved where it is essential to allow reasonable development of a property and when the review authority finds that it will be possible for the property adjoining the half-street to dedicate and improve the remainder of the street when it develops. The minimum paved roadway width for a half-street shall be the minimum width necessary to accommodate 2 travel lanes pursuant to Subsection 19.708.2.
7.
Traffic calming may be required for existing or new streets. Traffic calming devices shall be designed in accordance with the Public Works Standards or with the approval of the Engineering Director.
8.
Railroad Crossings
Where anticipated development impacts trigger a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval.
9.
Street Signs
The City shall install all street signs, relative to traffic control and street names, as specified by the Engineering Director. The applicant shall reimburse the City for the cost of all such signs installed by the City.
10.
Streetlights
The location of streetlights shall be noted on approved development plans. Streetlights shall be installed in accordance with the Public Works Standards or with the approval of the Engineering Director.
E.
Street Layout and Connectivity
1.
The length, width, and shape of blocks shall take lot size standards, access and circulation needs, traffic safety, and topographic limitations into consideration.
2.
The street network shall be generally rectilinear but may vary due to topography or other natural conditions.
3.
Streets shall be extended to the boundary lines of the developing property where necessary to give access to or allow for future development of adjoining properties.
a.
Temporary turnarounds shall be constructed for street stubs in excess of 150 ft in length. Drainage facilities shall be constructed to properly manage stormwater runoff from temporary turnarounds.
b.
Street stubs to adjoining properties shall not be considered turnarounds, unless required and designed as turnarounds, since they are intended to continue as through streets when adjoining properties develop.
c.
Reserve strips may be required in order to ensure the eventual continuation or completion of a street.
4.
Permanent turnarounds shall only be provided when no opportunity exists for creating a through street connection. The lack of present ownership or control over abutting property shall not be grounds for construction of a turnaround. For proposed land division sites that are 3 acres or larger, a street ending in a turnaround shall have a maximum length of 200 ft, as measured from the cross street right-of-way to the farthest point of right-of-Way containing the turnaround. For proposed land division sites that are less than 3 acres, a street ending in a turnaround shall have a maximum length of 400 ft, measured from the cross street right-of-way to the farthest point of right-of-way containing the turnaround. Turnarounds shall be designed in accordance with the requirements of the Public Works Standards. The requirements of this subsection may be adjusted by the Engineering Director to avoid alignments that encourage nonlocal through traffic.
5.
A street with a permanent turnaround may serve no more than 20 lots.
F.
Intersection Design and Spacing
1.
Connecting street intersections shall be located to provide for traffic flow, safety, and turning movements, as conditions warrant.
2.
Street and intersection alignments for local streets shall facilitate local circulation but avoid alignments that encourage nonlocal through traffic.
3.
Streets should generally be aligned to intersect at right angles (90 degrees). Angles of less than 75 degrees will not be permitted unless the Engineering Director has approved a special intersection design.
4.
New streets shall intersect at existing street intersections so that centerlines are not offset. Where existing streets adjacent to a proposed development do not align properly, conditions shall be imposed on the development to provide for proper alignment.
5.
Minimum and maximum block perimeter standards are provided in Table 19.708.1.
6.
Minimum and maximum intersection spacing standards are provided in Table 19.708.1.
Table 19.708.1 Street/Intersection Spacing | |||
|---|---|---|---|
Street Classification | Minimum Distance Between Street intersections | Maximum Distance Between Street Intersections | Maximum Block Perimeter |
Arterial | 530' | 1,000' | 2600' |
Collector | 300' | 600' | 1800' |
Neighborhood Route | 150' | 530' | 1650' |
Local | 100' | 530' | 1650' |
§ 19.708.2 Street Design Standards.
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.
Table 19.708.2 Street Design Standards (Dimensions are Shown in Feet) | |||||||
|---|---|---|---|---|---|---|---|
Street Classification | Full-Width Right-of-Way Dimension | Individual Street Elements | |||||
Travel Lane (Center Lane) | Bike Lane | OnStreet Parking | Landscape Strips | Sidewalk Curb Tight | Sidewalk Setback | ||
Arterial | 54′–89′ | 11′–12′ (12′–13′) | 5′–6′ | 6′–8′ | 3′–5′ | 8′–10′ | 6′ |
Collector | 40′–74′ | 10′–11′ | 5′–6′ | 6′–8′ | 3′–5′ | 8′ | 6′ |
Neighborhood | 20′–68′ | 10′ | 5′ | 6′–8′ | 3′–5′ | 6′ | 5′ |
Local | 20′–68′ | 8′ or 10′ | 5′ | 6′–8′ | 3′–5′ | 6′ | 5′ |
Truck Route | 34′–89′ | 11′–12′ (12′–13′) | 5′–6′ | 6′–8′ | 3′–5′ | 8′–10′ | Per street classification |
Transit Route | 30′–89′ | 10′–12′ (12′–13′) | 5′–6′ | 6′–8′ | 3′–5′ | Per street classification | Per street classification |
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  |
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.
§ 19.708.3 Sidewalk Requirements and Standards.
A.
General Provisions
1.
Goals, objectives, and policies relating to walking are included in Chapter 5 of the TSP and provide the context for needed pedestrian improvements. Figure 5-1 of the TSP illustrates the Pedestrian Master Plan and Table 5-3 contains the Pedestrian Action Plan.
2.
Americans with Disabilities Act (ADA) requirements for public sidewalks shall apply where there is a conflict with City standards.
B.
Sidewalk Requirements
1.
Requirements
Sidewalks shall be provided on the public street frontage of all development per the requirements of this chapter. Sidewalks shall generally be constructed within the dedicated public right-of-way, but may be located outside of the right-of-way within a public easement with the approval of the Engineering Director.
2.
Design Standards
Sidewalks shall be designed and improved in accordance with the requirements of this chapter and the Public Works Standards.
§ 19.708.4 Bicycle Facility Requirements and Standards.
A.
General Provisions
1.
Bicycle facilities include bicycle parking and on-street and off-street bike lanes, shared lanes, bike boulevards, and bike paths.
2.
Goals, objectives, and policies relating to bicycling are included in Chapter 6 of the TSP and provide the context for needed bicycle improvements. Figure 6-2 of the TSP illustrates the Bicycle Master Plan, and Table 6-3 contains the Bicycle Action Plan.
B.
Bicycle Facility Requirements
1.
Requirements
Bicycle facilities shall be provided in accordance with this chapter, Chapter 19.600, the TSP, and the Milwaukie Downtown and Riverfront Plan: Public Area Requirements. requirements include, but are not limited to, parking, signage, pavement markings, intersection treatments, traffic calming, and traffic diversion.
2.
Timing of Construction
To assure continuity and safety, required bicycle facilities shall generally be constructed at the time of development. If not practical to sign, stripe, or construct bicycle facilities at the time of development due to the absence of adjacent facilities, the development shall provide the paved street width necessary to accommodate the required bicycle facilities.
3.
Design Standards
Bicycle facilities shall be designed and improved in accordance with the requirements of this chapter and the Public Works Standards. Bicycle parking shall be designed and improved in accordance with Chapter 19.600 and the Milwaukie Downtown and Riverfront Plan: Public Area Requirements.
§ 19.708.5 Pedestrian/Bicycle Path Requirements and Standards.
A.
General Provisions
Pedestrian/bicycle paths are intended to provide safe and convenient connections within and from new residential subdivisions, multifamily developments, planned Developments, shopping centers, and commercial districts to adjacent and nearby residential areas, transit stops, and neighborhood activity centers.
Pedestrian/bicycle paths may be in addition to, or in lieu of, a public street. Paths that are in addition to a public street shall generally run parallel to that street. These types of paths are not subject to the provisions of this subsection and shall be designed in accordance with the Public Works Standards or as specified by the Engineering Director. Paths that are in lieu of a public street shall be considered in areas only where no other public street connection options are feasible. These types of paths are subject to the provisions of this subsection.
B.
Pedestrian/Bicycle Path Requirements
In addition to sidewalks on public streets, other available pedestrian routes, as used in this subsection, include walkways within shopping centers, planned Developments, community service use developments, and commercial and industrial districts. Routes may cross parking lots on adjoining properties if the route is paved, unobstructed, and open to the public for pedestrian use.
Pedestrian/bicycle paths shall be required in the following situations.
1.
In residential and mixed-use districts, a pedestrian/bicycle path shall be required at least every 300 ft when a street connection is not feasible.
2.
In residential and industrial districts where addition of a path would reduce walking Distance, via a sidewalk or other available pedestrian route, by at least 400 ft and by at least 50% to an existing transit stop, planned transit route, school, shopping center, or park.
3.
In commercial districts and community service use developments where addition of a path would reduce walking distance, via a sidewalk or other available pedestrian route, by at least 200 ft and by at least 50% to an existing transit stop, planned transit route, school, shopping center, or park.
4.
In all districts where addition of a path would provide a midblock connection between blocks that exceed 800 ft or would link the end of a turnaround with a nearby street or activity center.
C.
Design Standards
Pedestrian/bicycle paths shall be designed and improved in accordance with the requirements of this chapter and the Public Works Standards. Paths shall be located to provide a reasonably direct connection between likely pedestrian and bicyclist destinations. A path shall have a minimum right-of-way width of 15 ft and a minimum improved surface of 10 ft. If a path also provides secondary fire access or a public utility corridor, it shall have a minimum right-of-way width of 20 ft and a minimum improved surface of 15 ft. Additional standards relating to entry points, maximum length, visibility, and path lighting are provided in the Public Works Standards.
D.
Ownership and Maintenance
To ensure ongoing access to and maintenance of pedestrian/bicycle paths, the Engineering Director will require one or more of the following:
1.
Dedication of the path to the public and acceptance of the path by the City as public right-of-way prior to final development approval.
2.
Creation of a public access easement over the path prior to final development approval.
3.
Incorporation of the path into recorded easements or tract(s) of common ownership that specifically requires existing property owners and future property owners who are subject to such easements or own such tracts to provide for the ownership, liability, and maintenance of the path into perpetuity. This shall occur prior to final development approval.
§ 19.708.6 Transit Requirements and Standards.
A.
General Provisions
1.
Transit facilities include bus stops, shelters, and related facilities. Required transit facility improvements may include the dedication of land or the provision of a public easement.
2.
Goals, objectives, and policies relating to transit are included in Chapter 7 of the TSP. Figure 7-3 of the TSP illustrates the Transit Master Plan, and Table 7-2 contains the Transit Action Plan.
B.
Transit Facility Requirements
1.
Requirements
Factors that determine the level of transit facility requirements include, but are not limited to, street classification, existing and planned level of transit service on adjacent streets, block length, proximity of major pedestrian destinations, existing and projected ridership, and transit needs of the development. Required improvements may include provision of an easement or dedication of land for transit facilities, benches, shelters, bus turnouts, curb extensions, median refuges for pedestrian crossings, public telephones, or Pedestrian lighting. The required improvements shall reflect a reasonable and proportionate share of the potential impacts of the proposed development pursuant to Section 19.705.
2.
Location of Facilities
Transit facilities shall be located at controlled street intersections, wherever possible. Where a bus stop has already been established within 500 ft of a proposed development, a new bus stop shall only be provided if recommended by TriMet and required by the Engineering Director. Otherwise, the development shall upgrade the existing stop. Upgrades may include, but are not limited to, the installation of benches, shelters, and landscaping.
3.
Design Standards
Transit facilities shall be designed and improved in accordance with current TriMet standards, the requirements of this chapter, and the Public Works Standards.
4.
TriMet Notice and Coordination
The City shall provide notice of all proposed developments to TriMet pursuant to Section 19.707. TriMet may recommend the construction of transit-related facilities at the time of development to support transit use. The City shall make the final determination regarding transit-related facility requirements.
§ 19.709 Public Utility Requirements
(Ord. 2025 § 2, 2011)
§ 19.709.1 Review Process.
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.
§ 19.709.2 Public Utility Improvements.
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:
B.
The Engineering Director may approve one of the following to ensure completion of required utility improvements.
§ 19.709.3 Design Standards.
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.
§ 19.709.4 Oversizing.
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.
§ 19.709.5 Monitoring.
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.