Councilmember Cathy Moore (District 5) released the following statement on Interim HB 1110 legislation, otherwise known as the ‘middle housing’ bill, currently being considered by the Select Committee on the Comprehensive Plan. Councilmember Moore announced that she will be offering an amendment to the temporary regulations that would maintain current setbacks.
We need to build more housing and preserve and maintain Seattle’s urban canopy. We can do both in the update to Neighborhood Residential (NR) Zones required by state law, but we must get the balance right. We need areas to preserve mature trees, as well as flexibility in setbacks to allow development that protects trees. Unfortunately, the ‘interim’ legislation before the Council to adopt Middle Housing standards for a few months misses that balance, reducing setbacks without any tree or amenity area elements.
This has left the Council in an awkward position on legislation that could be in effect for only a few months, but would allow permits to vest. The ‘interim’ legislation stands in contrast to the draft version released in October, which included a more balanced approach—with both an amenity area and reduction in setbacks, to allow more building, while also offering protections. I worked on an amendment to include amenity areas, but it is complicated to restore this balance in the ‘interim’ legislation, due to state law.
Fortunately, models already exist in Seattle’s Code to provide protection for trees, and flexibility in reducing setbacks, in other land use zones. Lowrise zones already include an amenity area that can include trees; the tree code, while imperfect, allows the Seattle Department of Construction and Inspections (SDCI) to reduce setbacks by 75% in multifamily zones to save trees, more than is allowed in NR zones. In multifamily zones, projects that undergo Design Review, height can be increased, and floor area increased to preserve trees (SMC 23.41.012), as shown in a design proposal coming up at the May 19 Design Review Board meeting.
Consequently, I am proposing an amendment to the ‘interim’ legislation to maintain the status quo for setbacks. This will give us a pause needed to get the balance right in the permanent legislation that will be before the Council next month.
In the permanent legislation, I support ensuring that an amenity/tree area, along with flexibility in setbacks, are both included. I also support incentivizing stacked flats through higher floor area ratio; examining bonuses for social housing; and standards for courtyard cottages. These items are not included in the “interim” legislation.
Background
Interim HB 1110 legislation is designed to ensure that Seattle meets the June 30 implementation deadline for the state’s Middle Housing bill, giving Councilmembers and the community additional time to consider the Mayor’s proposed One Seattle Comprehensive Plan and permanent HB 1110 legislation.
Earlier this year the proposed plan received six separate legal challenges, delaying the process of adoption of the permanent regulations. In April, all six were dismissed by the Seattle Hearing Examiner. While clearing the way for the City Council to continue consideration of both the Comprehensive Plan and permanent HB 1110 legislation, it does not give the City enough time to meet the June deadline.
What the legislation does
The interim HB 1110 legislation requires cities to allow a wider variety of housing types such as duplexes, triplexes, and stacked flats in primarily single-family zones, and places limits on the regulation of middle housing.
What’s next
The next meeting of the Select Committee on the Comprehensive Plan is May 21.