Category: Development

Developers Ask for Mandatory Affordable Housing Fee Holiday as Permits for New Apartments Dry Up

By Erica C. Barnett

A group of apartment builders is asking Mayor Katie Wilson and the City Council to consider rolling back the fees they pay every time they build new housing. The developers, calling themselves the Seattle Housing Roundtable, are asking the city to reduce Mandatory Housing Affordability fees by 90 percent this year, followed by an 80 percent reduction next year and a 75 percent reduction in 2028, with a goal of permanent MHA reforms by the following year.

According to Ian Morrison, an attorney with the land use firm McCullough Hill, MHA “was a good idea when it was originally envisioned, at a time when interest rates were much lower and the economic climate was a lot more positive and predictable.” But, he added, “What we’re seeing now, using the city’s own data, is MHA as a part of a project that was viable in the late 2010s no longer work.   That means housing will not be built in Seattle today.”

The Seattle City Council approved MHA in 2019 as the final component of former mayor Ed Murray’s Housing Affordability and Livability Agenda (HALA). The program made developers build affordable housing or pay a fee every time they built new apartments in Seattle’s multifamily areas (at the time, Seattle still had single-family zoning). In exchange, they were allowed to build more densely.  The framework took for granted that new market-rate apartments have a negative impact on neighborhoods that developers must mitigate by funding affordable housing.

This consensus has shifted just in the seven years MHA has been in effect, as scarcity has made apartments increasingly unaffordable and more people understand that density is an environmental necessity and an answer to growing demand for housing. At the same time, the funding MHA produces for affordable housing has plunged from a high of $74 million in 2021 to just $22 million last year as development has slowed. Last year, developers filed applications to build fewer than 2,000 new apartment buildings, a drop of almost 90 percent from a peak of 17,400 units in 2020.

Developers and land use attorneys we spoke to seemed reluctant to say outright that the city should get rid of MHA altogether, although it negatively impacts their bottom line. Holly Golden, a land use attorney at HCMP Law Offices, said that with lower fees, “you’d still see millions of dollars of MHA fees, plus new construction jobs and permit fees to keep [the Seattle Department of Construction and Inspections running during the building downturn. … Getting projects started provides a huge financial benefit to the city budget at a time when they really need it.”

Taxes on construction are inherently volatile, and there’s a real question about whether MHA aligns with the reality of Seattle as a majority-renter city with an acute housing shortage. If the city agrees to an MHA “holiday” and development rebounds, a surge in other funding sources like the Real Estate Excise Tax could help offset the loss of MHA dollars.

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Not every jurisdiction funds affordable housing by charging a fee on development. PubliCola has reported on a concept called funded inclusionary zoning, in which developers get tax breaks for including affordable housing in their projects. The concept flips the script on development, treating density (i.e. apartments, i.e. renters) as a good thing while also ensuring that affordable housing gets built. Developers aren’t charitable organizations—if a project doesn’t make sense to them, they won’t build it—so instead of penalizing new housing with fees, cities like Portland are trying incentives to build new housing at all income levels.

“There are ways to ensure that inclusionary zoning programs work for the long term and are well calibrated to ensure they don’t impede housing,” Morrison said. “But getting those details right takes time.”

Eddie Lin, the head of the city council’s land use committee, told us on a recent episode of Seattle Nice that he’s “open to a temporary reduction in MHA fees. It needs to be tailored to the right size to get construction going, but not more than we need.”

Eliminating MHA completely, Lin continued, is a nonstarter; the fee, he said, remains “incredibly important for developing additional affordable housing. … We want to be mindful of not giving away too much more than we need to.” MHA reform, he said, might include addressing the fact that developers currently have to pay a fee for building in low-rise zones but not in neighborhood residential—the former single-family zones that now allow essentially the same density as low-rise areas.

Ray Connell, managing director at the developer Holland Partner Group, said it’s possible the impact of MHA and other taxes and regulations in real time by looking east across Lake Washington. “All the cranes are in Redmond,” where fees are lower, “so projects get started,” Connell said. “It’s amazing to go over there and see a bunch of new projects and cranes in the sky. Why is it happening over there? It’s not a hard cost issue, and it’s not an interest rate issue. Yes, it’s the jobs… but it’s also the additional fees that we have to face on this side of the lake.”

Redmond recently adopted an aggressive inclusionary zoning package that says 10 percent of all new units in housing with 10 or more units must be affordable. In four years, Connell said, “there won’t be cranes in certain areas of Redmond. … We can’t get those areas of Redmond to work anymore.”

Downtown Seattle Association Leader Discusses Density, Return-to-Office Mandates, and Surveillance

By Erica C. Barnett

Jon Scholes, head of the Downtown Seattle Association, had a lot to say about the present and future of downtown when he came on Seattle Nice late last week—most of it surprisingly positive.

Yes, the DSA is still focused on filling up vacant office space with people who may prefer working from home, a goal that seems at odds with the group’s stated commitment to reducing climate change. (The most recent Commute Seattle survey found that drive-alone commutes into downtown grew at twice the rate of trips by transit.) According to the State of Downtown economic report, 32 percent of the office vacancies in the central business district remains vacant six years after the start of the pandemic, suggesting a long-term trend.

And yes, Scholes had plenty to say about how taxes are supposedly driving companies out of Seattle and into Bellevue, where employment has grown 12 percent.

But there were parts of our conversation that may surprise some listeners—starting with Scholes’ apparent optimism that at least some existing office buildings could still be converted into housing . “I think there’s great public good to be gained from more of us living more closely together,” Scholes said.”And if we care about climate change and protecting the environment and driving down carbon emission, we need to live more closely together, and we need to live close to transit, and we need to live where we’re maximizing the investment we’ve already made in utilities and sidewalks and parks.”

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Scholes isn’t wide-eyed about the potential for new housing downtown, however. In fact, I was amused to hear the skepticism in Scholes’ voice when we talked about former county executive Dow Constantine’s big plan to create a whole new office and residential district centered around Sound Transit’s future light rail station two blocks west of the King County Courthouse. (Current County Executive Girmay Zahilay briefly mentioned the plan in his remarks at the DSA’s State of Downtown event last week).

“The reality,” Scholes said, is that despite decades of robust development downtown, “we somehow still have a hole in the ground” across the street from City Hall and the county courthouse. “But I commend the executive for continuing to advance it and to figure out what is possible, what can be phased, what might be more incremental. It’s the right thing to do.”

We were wrapping things up when Scholes told us we were being too polite, and asked if we were going to talk about the city’s police surveillance cameras—an issue Mayor Katie Wilson has hedged on after expressing strong opposition during her campaign. Unless Wilson reverses course, the city will install many more cameras in the downtown stadium district for the World Cup games in June.

Seattle Council Approves Eight-Unit Apartment Buildings Everywhere

By Erica C. Barnett

Maybe calling them “stacked flats,” rather than “apartments,” was a stroke of genius.

On Tuesday, the City Council adopted legislation that will allow eight-unit apartment buildings on every residential lot in the city—or up to ten units if the developer preserves trees or adds “green“ landscaping features, like bioswales and green roofs, to new housing construction. These apartments are known as “stacked flats” because they’re on top of each other, unlike multi-level townhouses that are generally offered for sale, not for rent, at prices far out of reach to most Seattle residents.

The legislation, part of the comprehensive plan package the city council adopted this week, doesn’t spell out eight units, but if you do the math, that’s what it works out to on a 5,000-square-foot lot with a standard 60 percent lot coverage.

Developers who go for the green bonuses will also get to build up to four stories, rather than the standard three. (Logically, four stories makes more sense for eight-unit buildings, allowing two per floor, but maybe some enterprising new councilmember will suggest revisiting that limit). That’s more density than the state required cities to allow under 2023’s HB 1110, which allows four units on all residential lots statewide, or six if two of the units are affordable. The council adopted interim rules to comply with HB 1110 earlier this year.

The changes were part of the council’s final vote of 2025 on the city’s comprehensive plan, the long-debated, much-delayed document that governs how and where Seattle can grow. The council’s comprehensive plan committee already adopted most of the changes that were finalized this week back in September, but had to put off a final vote while the city’s planning department completed environmental review on some new amendments and gave the public an opportunity to comment on the changes

Mayor Bruce Harrell’s comprehensive plan proposal came in a year behind schedule, a delay that has pushed some comprehensive plan legislation to next year, including legislation to enact new zoning in low-rise areas, establish new boundaries for dense “regional centers” and urban centers, and potentially add more “neighborhood centers” near transit stops where taller apartment buildings will be allowed.

Density opponents on the council will have another opportunity to argue that Seattle isn’t ready for more housing, and that the city hasn’t done sufficient outreach to “neighborhoods,” meaning single-family homeowners, before allowing renters to live in new parts of the city. But, thanks mostly to Harrell’s delays, they’ll be joined by two new council members who are fans of density, Eddie Lin and Dionne Foster, and a mayor who’s an unabashed urbanist.

This Week on PubliCola: August 23, 2025

Big bonuses for top cops, election fallout, anti-LGBTQ group relocates provocative event, and more.

Monday, August 18

Harrell Fared Worst In Southeast Seattle District He Once Represented on City Council

A geographic breakdown of primary election results shows that Mayor Bruce Harrell lost badly in the primary on his own home turf—Southeast Seattle’s 37th District, where he won just 36 percent of the vote to challenger Katie Wilson’s 56 percent. Harrell also failed to win a majority in any Seattle district.

City Plans Major Overhaul of Affordable Housing Tax-Break Program

The city is getting ready to overhaul a program that provides tax breaks to developers who agree to keep 25 percent of their apartments affordable for 12 years, known as the Multifamily Tax Exemption program (MFTE). It’s the city’s main program for providing housing affordable to moderate-income people, but in recent years, developers have become less likely to participate in the voluntary program.

Tuesday, August 19

SPD Chiefs Received $50,000 Bonuses Meant to Address Police Hiring Shortage

Two of the top-level staff hired by new Police Chief Shon Barnes, Deputy Chief Andre Sayles and Assistant Chief Nicole Powell, received lateral hiring bonuses that were created to hire more trained police officers, not as incentives for command staff. SPD told us the two top executives were “eligible” for the bonuses.

Christian Nationalist Rally, Planned for Cal Anderson Park, Will Move to Gas Works Park

The anti-LGBTQ organizers of the August 30 “Revive in ’25” event planned for Cal Anderson Park, in the heart of Seattle’s historic LGBTQ neighborhood, agreed to move the event to Gas Works Park after negotiations with city officials, including the mayor and City Councilmember Joy Hollingsworth. The voluntary relocation came after the city determined that they didn’t have legal authority to deny the permit or force the group to move.

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Wednesday, August 20

New Police Chief Shon Barnes Accepted $50,000 Hiring Bonus Created for Rank and File Officers

After reporting on the hiring bonuses SPD provided to a new deputy chief and assistant chief, PubliCola confirmed that Police Chief Shon Barnes also received the $50,000 bonus created to increase the number of deployable police officers. SPD said Barnes’ bonus was allowed under the legislation that created and the bonus.

Friday, August 22

County Executive Candidate Balducci Proposes Dedicated Funding for Retail Theft Prosecutions

Claudia Balducci, a King County Council member who’s running for county executive, announced plans to introduce a measure that would dedicate a portion of a recently approved countywide 0.1-cent sales tax increase to create a permanent retail crimes task force. Balducci, who came in second in the primary behind her council colleague Girmay Zahilay, said prosecuting retail theft would help prevent store closures like that of a Fred Meyer in Kent.

Chamber CEO Leaves, Mayor’s Office Contradicts SPD Explanation for Police Chief’s Bonus, Progressives Prevail in Burien, and More

Friday’s Afternoon Fizz included stories about the departure of Seattle Chamber of Commerce CEO Rachel Smith; conflicting explanations for Chief Barnes’ $50,000 bonus; progressive victories in Burien, a city that recently passed a complete ban on sleeping in public aimed at barring homeless people from the city; and details from the permit for the relocated “Revive in ‘25” event at Gas Works Park.

Council Amendments to Comprehensive Plan Reveal Competing Priorities

Maritza Rivera’s amendments would shrink neighborhood centers—areas where 3-to-6-story apartments would be newly legal—across her northeast Seattle district.

The comprehensive plan sets rules for how Seattle develops in the future, including where the city will allow its renter majority to live.

By Erica C. Barnett

After nearly a year of delays, the city council is finally getting ready to put its stamp on Mayor Bruce Harrell’s proposed 10-year Comprehensive Plan—a document Harrell has branded with his campaign slogan as the “One Seattle Plan.” The council has been meeting for months to discuss elements of the plan, including the creation of a few dozen new “neighborhood centers” where apartments will be allowed for the first time in decades, but this week was the council’s first opportunity to propose tweaks to the plan—107 amendments in all.

The comprehensive plan sets policies for growth and development, designating where new housing, transportation, and other infrastructure should go and placing limits on housing density in the city’s neighborhoods. It’s updated every 10 years, with periodic amendments, and inevitably reflects the political priorities of whoever is in office at the time.

We’ve reported previously on the Harrell Administration’s reluctance to allow significantly more housing in Seattle’s traditional single-family neighborhoods as part of the plan.

After killing an early draft of the plan that would have allowed significantly more density, Harrell released a plan last year that fell far short of the changes necessary to create enough housing for new and current residents—including renters—to live in Seattle affordably. After intense criticism of that proposal—the city’s Planning Commission said it upheld exclusionary policies rooted in redlining and failed to provide the housing Seattle needs—the mayor came back with a new plan that allowed slightly more housing, though still less than the proposal most members of the current city council said they supported when they ran for election in 2023.

The council’s proposed amendments are a mixed bag. Several proposals would collectively shrink the size of the proposed “neighborhood centers”—areas within 800 feet of certain frequent transit stops where 3-to-6-story apartments would be allowed—by hundreds of acres, in a blatant retreat to old single-family zoning patterns that benefit people who already own property and don’t want renters living in “their” neighborhoods.

Others would impose new restrictions on any new development that requires removing trees, including one that would give the city free rein to force builders to redo projects if even one tree, of any size, was threatened.

Still others would provide new incentives for developers to build dense housing, serving as a counterpoint to other councilmembers’ proposals to shrink the areas of the city where people who can’t afford to buy a house in Seattle are allowed to live.

Breaking the substantive amendments down into broad categories, we have:

Expanded Neighborhood Centers

On balance, the proposed amendments that make it easier to build housing—including everything from density bonuses for affordability to expanded and brand-new neighborhood centers—outweigh NIMBY proposals to restrict housing, although some of the proposals are probably nonstarters—or negotiation starters—in their current forms.

Harrell’s final comprehensive plan proposal included 3o neighborhood centers—down from 48 in an early draft, but more than the 24 included in an early version of the plan. Since then, though, there’s been intense pressure on the council to further reduce the number of neighborhood centers in the plan, coming primarily from incumbent  homeowners in neighborhoods like Wedgwood, Madrona, and Maple Leaf.

Although several council members did end up proposing amendments that would scale down the size of neighborhood centers, in some cases dramatically, the amendments to add new areas of potential density outweigh those proposals, meaning that if every proposed change to the neighborhood centers was adopted, the amount of land in designated neighborhood centers would increase significantly.

Council members who proposed new or expanded neighborhood centers included Dan Strauss (who proposed a new East Ballard neighborhood center and called for expanding the boundaries of five others, including in Magnolia), Bob Kettle (who proposed a new North Queen Anne/Nickerson Neighborhood Center) and Alexis Mercedes Rinck, who’s proposing eight new neighborhood centers, one in each council district.

“Seattle needs more housing,” Rinck said. “Seattle also needs full and thriving communities, and we’ve heard an overwhelming call from constituents to achieve these goals with more housing, especially in high-opportunity neighborhoods which haven’t seen proportional growth.”

Build This, Not That

Other proposed amendments would add density bonuses and incentives for different types of housing, such as stacked flats and affordable apartments.

Kettle, for instance, proposed getting rid of an “amenity area” requirement for new housing in neighborhood residential zones, freeing up more land for housing.

Under the current proposal, 20 percent of the space around new apartment buildings in the city’s traditional single-family areas would be reserved for open space, typically a yard, for residents to “recreate on site”—as if what apartment dwellers in cities really want is a tiny lawn where they can all hang out together.

An amendment from Sara Nelson would retain a requirement that residential buildings, including new apartments in all parts of the city, be exempt from environmental review under the State Environmental Policy Act (SEPA); that exemption is otherwise set to expire next month, making housing harder to build.

Other amendments, from Hollingsworth, Nelson, Kettle, and Rinck, would provide bonus density for developers who agree to build specific types of housing, including social housing, accessory dwelling units, and low-income or affordable housing. Several proposals would create incentives for developers to build stacked flats—apartments spread out across a single story of a building—including density bonuses for retaining trees and amendments that would allow stacked flats to be denser than other types of apartments in neighborhood residential (former single-family) zones.

Rob Saka also has an amendment that would give a density bonus for one- or two-story “cottage” apartments surrounding a large common area, a style that resembles single-family housing more than the three-to-six-story apartments that will be allowed in the new neighborhood residential zones under the current plan.

Strauss proposed an amendment that would increase the maximum height in these areas from six to seven or eight stories immediately next to a major transit stop, and Rinck proposed changing the definition of “major transit stop” to include high-frequency buses.

15-Minute City

Several amendments would reduce or remove mandatory parking requirements. The most ambitious, from Rinck, would “remove parking requirements citywide for all land uses in all zones,” a phrase that brings joy to my car-hating little heart. (Yes, I own a car. No, I don’t think the city should socially engineer car culture, as it currently does.)

Builders wouldn’t be barred from including parking in their developments, but they wouldn’t be forced to do so, as they are in many places under the city’s current code.

Another amendment from Rinck, essentially a backup if her first parking proposal fails would reduce parking mandates to comply with a statewide parking reform bill that requires cities to eliminate some of their parking mandates by 2028. Another proposal, from Strauss, would establish parking maximums in the city’s regional centers—the densest areas, including downtown, Capitol Hill, and Strauss’ home turf of Ballard. In a concession to the tree-preservation lobby, Rinck’s amendments also include one that would eliminate parking mandates for developments that preserve trees.

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A proposal to allow corner stores in neighborhoods could also see some meaningful changes.

In the past, we’ve dunked on Harrell’s proposal to allow corner stores in neighborhoods, because it would only allow new stores and restaurants  on literal corner lots, with restrictions that don’t apply to other businesses in the city, such as a mandatory 10pm closing time. Several amendments attempt to remedy those issues. The amendments range from extremely modest (a Nelson amendment that would remove the literal-corner requirement but retain restrictions on business type, size, and closing hours) to ambitious, by Seattle standards (a Rinck proposal that would remove the corner requirement, allow businesses to be open past 10pm, and add bars to the list of businesses that are legal in neighborhoods.

Three amendments, from Rinck, Strauss, and Nelson, would make it easier to open stores and restaurants in residential neighborhoods where they’re currently banned. As we’ve reported, Harrell’s comp plan proposal would allow corner stores in neighborhoods, but only on literal corners, with additional restrictions such as mandatory 10pm closures and a stipulation that they can include restaurants, but not bars.

The amendments range from modest (amendments from Strauss and Nelson to allow stores throughout residential zones, not just on corners) to ambitious (a Rinck proposal that would allow restaurants and bars throughout these areas, eliminate a requirement that businesses be closed from 10pm to 6am, and ditch a 2,500-square-foot size restriction included in the mayor’s proposal). Allowing bars in neighborhoods, a policy that works fine in big cities across the country, may be a bridge too far for censorious Seattle, but a compromise between these proposals could be a first step toward creating more 15-minute neighborhoods in Seattle.

Homeowners vs. Renters

Of course, it wouldn’t be a zoning update without some NIMBY poison pills. Although no one, including newly appointed District 5 Councilmember Debora Juarez, has proposed reviving former D5 councilmember Cathy Moore’s quixotic effort to remove an entire neighborhood center from Maple Leaf, several councilmembers have proposed reducing the amount of land in their districts where people who rent apartments can live.

Maritza Rivera, who has frequently claimed that the city did insufficient outreach to single-family neighborhoods before allowing apartments near frequent transit stops, has three amendments to shrink neighborhood centers in Bryant, Ravenna, and Wedgwood. Her proposal to scale back the Wedgwood center is the most radical of the three, in that it would reduce the size of the center by about 40 percent, limiting apartments to 35th Ave. NE, already a busy arterial, and prohibiting them in the adjacent blocks. (In contrast, one of Rinck’s amendments would expand the Wedgwood neighborhood center to the south; expect strong objections from Rivera to that one).

“Based on months of feedback from community members who live in and near the proposed neighborhood centers, my amendments modify the boundaries of the neighborhood centers in the D4, including Wedgwood, Bryant and Ravenna, to reflect resident concerns….  around the ability of local neighborhood streets to handle increased growth and the infrastructure,” Rivera said.

A Rivera amendment for Ravenna traces a similar line to carve single-family houses in a designated historic district (itself a way for older neighborhoods to oppose density) out of the proposed neighborhood center around Third Place Books, leaving the commercial area but ensuring that there would be no apartments in the neighborhood surrounding the commercial center.

Separately, Rivera proposed an amendment that would give the city the HOA-like authority to dictate what kind of external siding would be allowed on buildings within designated national or local historic districts, based on factors like the “historic character” of an area; this extraordinary new power would also apply to historic districts that might be designated in the future, including those proposed by house owners who oppose new development in their neighborhoods.

Joy Hollingsworth wants to cut the Madrona Neighborhood Center by about seven blocks, concentrating new housing into a smaller area that already includes parks, schools, and other areas where housing can’t be built.

Joy Hollingsworth has proposed shrinking down another controversial neighborhood center in Madrona, whose homeowning residents showed up en masse to oppose the zoning change in their neighborhood. Hollingsworth’s amendment would shrink the Madrona center by nearly 40 percent, slicing off big chunks of current single-family areas on the east and west sides of the proposed center and concentrating any new housing around an existing commercial stretch that includes an elementary school, library, and playfield where housing can’t be built.

Finally, it wouldn’t be a conversation about housing in 2025 without hand-wringing over trees—not planting or maintaining trees in public spaces, which are actions the city could take at any time, or encouraging property owners to plant new trees themselves, but preserving trees that already exist, generally at the expense of new development.

In addition to the tree preservation incentives I mentioned earlier, there’s an amendment from Strauss to “recognize the importance of the natural environment and native species, including trees, bees, salmon, orca, and herons,” plus several from Rivera to make it harder to develop housing if trees are on site.

The most extreme proposal from Rivera—and the one that made Rinck confirm with council staff that the amendment really would do what it appeared to do—would allow the city to require developers to come up with a completely new alternative plan if it turned out their housing proposal would require the removal of any tree, no matter its size, age, or viability.

It’s easy to see how this could grind development in traditional single-family areas to a halt. If someone planted a sapling on a property slated for development, or if there was already unremarkable small tree on site, the city could stop the project and require the developer to start from scratch.

Housing is already tremendously expensive to build in Seattle, and construction permits are declining as developers pull out of the city. Empowering unelected city staffers to force full project redesigns around every existing tree would exacerbate the housing crisis, adding costs to projects that are already financed while reducing the amount of housing that could be built in every project with a tree on site. And forget about expanding the city’s tree canopy—who would plant a new tree on a property they may want to sell in the future, knowing it would instantly reduce their property value?

After Protesters Block Street and Occupy Building Site, Dubiously Named “Grandma Brooks’ Cedar” Comes Down

A crew member removes limbs from the tree late Monday morning.

By Erica C. Barnett

Between 20 and 25 protesters blocked a tree service company that was trying to reach a construction site in the Ravenna neighborhood on Monday morning, where residents and activists from outside the area have been protesting the removal of a western red cedar since earlier this month. About 10 police officers came out later to remove protesters from the development site, arresting at least one who refused to leave. PhotogSteve81, on Instagram, captured the chaotic scene.

The tree stood on the corner of a lot where a builder, Ashworth Homes, plans to replace a single-family house with four new townhomes—and where Barbara Brooks, the former owner, lived for more than 70 years until she died three years ago at the age of 101.

Although Tree Action Seattle claimed, on its action page for “Grandma Brooks’ Cedar” (later changed to “Grandma’s Cedar”) that Brooks “cherished” and lovingly cared for the tree, Brooks’ daughters said the opposite was true—in fact, they said, their mother “hated” the tree because it shed constantly and was so work to maintain.

The sisters, Barbara and Beverly, said no one in the neighborhood offered to pitch in as their mother, and later Beverly, struggled to keep the roof, sidewalk, and gutters clear of debris from the tree. “My mom would cut back the branches and clean it up just constantly,” Barbara recalled. “We didn’t have a lot of money growing up. Mom always said, ‘If I could afford to get rid of this tree, I would.'”

Although Tree Action and others have suggested that the property developer promised the Brooks family they would keep the tree, both the developer and the builder who bought the property say that wasn’t true. Roque de Herrera, a representative for property developer Legacy Group Capital, said “there were no conversations, promises made, or agreements regarding the tree” when Legacy signed on as the site developer. Erich Armbruster, the president of Ashworth Homes, said no one brought up the tree at any point during the sale.

By 11:00 on Monday morning, the truck the protesters blocked earlier had made its way onto the property, and a crew member was busy limbing the tree from a bucket two stories above the ground. Despite the wind and rain, a handful of people watched from across the street as a pile of branches accumulated on the ground and a swirl of sawdust spun through the air.

One, Lynnwood horticulturist Gabriel Kearns, walked across the street periodically to film the workers and yell at them for removing the tree. She said her biggest issue was that developers were killing healthy trees to build “million-dollar crap” and creating “mini-deserts,” with dead soil and no shade, in the city. Gesturing at an apartment building next to the property, she said, “Those apartments are going to be 100 degrees this summer—they will not have shade. … Trees provide a livable community.”

Kearns said she wanted to see Seattle tighten its tree code to make it more difficult to remove trees, perhaps by imposing a waiting period between when developers remove a tree and when they can begin development.

Another person didn’t want to be quoted but told me they heard I was being paid by developers.

Michelle Tanco, who lives nearby and spent part of the previous night at the protest, told me she has no problem with new housing—”we really need new houses”—but was sad to see the tree cut down. “I spend a lot of time walking up and down with my kids, learning the names of the local trees, and this was the first one one my kids learned—western red cedar,” she said.

Standing with her was Kim Butler, who lives about a mile away. She said that when she heard the tree was going to be removed, she reached out to Armbruster to see if he would agree to keep the tree if advocates could come up with a different site plan that would keep it in place without reducing the value of the final development. As PubliCola reported yesterday, the site plan proposed by Tree Action would have substantially reduced the size of one unit and eliminated two garage parking spaces, lowering the value of the site plan to less than Armbruster paid for it.

“He said he was willing to work with me… to consider keeping the tree, but he couldn’t have it interfering with his development timeline and he couldn’t have any additional expense, so it had to be net neutral,” Butler said. “We were getting there, but it wasn’t ever going to be fast enough—it just wasn’t going to happen.”

Armbruster, who was standing on the site across the street from Butler on Monday, said that even though Butler and other advocates weren’t able to come up with a workable alternative site plan on extremely short notice, he found Butler “a little different” than most of the people who have protested his project, because “she asked a question—’What would it take? Help me understand this from your perspective.'”

Butler said that even though her efforts didn’t save the tree, her conversations with Armbruster gave her hope that the new development, which will include six new on-site trees and one new street tree, will be better. “That’s what I’m doing to honor this tree,” she said. “This line of communication that opened up is integral to having a better process in the future.”

Tanco said one thing she learned during the protests is that the most effective way to ensure trees don’t get cut down is for the property owner to place a protective covenant on the property. (Covenants are a tough sell because they generally lower a property’s resale value.) “This brought a lot of neighbors together,” Tanco said. “It’s good to know more community members, so we can come together and look at other trees in the neighborhood, and reach out to the people who own them to see what they want to do and help them with that process.”