By Carrie Richter
Restore Oregon’s Policy and Advocacy Committee is weighing in on and/or monitoring a number of bills that may impact historic preservation this session. What many of these bills have in common is that they mandate one-size-fits-all zoning on communities without any understanding of the local circumstances – essentially depriving communities of the same notice, citizen involvement, and direct political accountability that would be the case if these proposals were considered at the local level.
HB 2558 – OPPOSE – This bill requires local governments to allow development of multifamily buildings of at least 3 floors, or that achieves a density of 45 units per acre, through a building height up to five floors, in areas located within 1/8th of a mile of a “fixed guideway corridor” transportation system which includes light rail and dedicated lane bus service (and perhaps areas with frequent service bus routes).
As currently drafted, this bill does not include any exceptions for historic areas, including historic districts or individually designated landmarks within this 1/8th mile radius. The effect will be a tremendous pressure for demolition of designated historic resources and the potential for incompatible new development within historic districts. It will impact historic districts and resources in Portland, Hillsboro, Springfield, Eugene, Albany and likely other communities. As drafted, the bill does exclude areas subject to natural hazards and scenic vistas but does not include any consideration of historic or cultural protections.
SB 108 – SUPPORT, with modifications – The authorization for historic properties to enroll in Special Assessment is set to expire at the end of 2021. SB 108 sets forth a replacement program which is limited solely to commercial structures. The current program includes residences. The State Historic Preservation Office explanation for this change is that commercial properties are causing most of the reinvestment in Oregon’s communities and providing this benefit to residential homeowners is not furthering the threshold for inclusion and access across the state. This bill allows qualified commercial owners to secure an automatic 10 year renewal so long as there is still work to be done, but the property will be reassessed between terms. Currently, renewal requires a formal renewal application and review.
Another significant change is that buildings must already be on the National Register in order to qualify, rather than secure a Historic designation within two years after enrollment. As regrettable as it is to see this program exclude residences, this last element causes particular concern, as it is participation in Special Assessment that often paves the way for securing financing for these projects.
HB 2488 and others – ENGAGE – There are a number of climate change adaptation and mitigation bills making their way through the legislature this session. Although none of them are directed at altering historic preservation directly, it is this continued lack of acknowledgment of the contribution that adaptive reuse makes to the fight against climate change that is the problem.
HB 2283, SB 458, and HB 2565 – WATCH – These bills expand middle housing opportunities by allowing land divisions to create the same number of parcels as the number of units the zoning would allow, including middle housing authorizations. In other words, if a fourplex is allowed by right in the zone, those four residential units could be located on a single lot or the land divided into four lots allowing for shared-wall townhomes to be built. Thus, although these bills do not allow any additional density, they would effectively eliminate the minimum lot sizes where residential density is proposed. Opponents have argued that the bill lacks sufficient direction with respect to setbacks, building permit and other life safety issues. Although these bills are not directed at historic resources per se, they create an economic impetus that favors demolition and new construction over restoration and adaptive reuse.
Legislation is typically amended as it moves through committees and hearings. Look for updates in the months ahead. The 2021 session is scheduled to end on June 28th.