Category: land use

City Council Proposal Would Repeal Law That Allowed Housing Near Stadiums

By Erica C. Barnett

Seattle City Councilmember Eddie Lin will introduce legislation later this week to repeal a law that would have allowed apartments in the Stadium District just south of downtown, undoing a longstanding priority of housing developers and handing a significant win to the Port of Seattle and unions representing port workers.

The legislation, sponsored by former councilmember Sara Nelson, would have allowed more than 900 new housing units in the area (half of them affordable “workforce” units), which is largely occupied by warehouses, vacant lots, and businesses like the Showbox and a Showgirls strip club. It’s also home to the current (and future second) SoDo light rail station, which gets minimal use because the area has few businesses and very little housing.

Opponents of the bill argued it would irreparably harm the city’s industrial businesses, and said the city should not build housing near busy, polluted freight corridors; proponents countered that the stadium district hasn’t been in industrial use for many years, and said the city needs more housing everywhere, including near the stadiums.

The Port sued the city, and late last year, the state’s Growth Management Hearings Board invalidated the ordinance as written on both substantive and procedural grounds. Among other “procedural” findings, the board ruled that the city had done a sloppy job of reviewing the proposal, failing to conduct a separate environmental analysis and bypassing public feedback requirements to push the zoning change through last year. The city appealed on the substantive issues but not the procedural ones.

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Lin told PubliCola the ruling effectively gives the city no choice other than repealing the ordinance; to do otherwise, he said, could put the city at risk of being found out of compliance with the Growth Management Act, threatening transportation and housing funds as well as the city’s Comprehensive Plan. “In my opinion, we have a Growth Management Hearings Board order and there were procedural and substantive issues that they invalidated our ordinance on,” Lin said.

The city, Lin conceded, could try to fix the issues the hearings board identified by a May deadline for compliance. Lin suggested the current council has little interest in taking on that battle, which was contentious enough the first time. The council could also include language in the city’s ongoing comprehensive plan update that leaves the door open to more housing in areas with “urban industrial” zoning, a kind of mixed-use zoning that underlies the stadium overlay.

Lin, who chairs the council’s land use committee, said he’s “open to having that discussion later, although I’m not sure how much anybody else wants to have that discussion,” adding, “It’s not my first priority to put housing [in the stadium district.] I think we should be focused on centers and corridors.” The council will start working to upzone those two types of areas—”neighborhood centers” where lower-density apartments will be allowed within 800 feet of existing commercial nodes or frequent transit stops, and “corridors” where apartments can be built directly on arterial roads—this year.

Privately Owned Trees Are Better Than Trees in Parks and Public Spaces, Councilmembers Argue

Photo by Josh Feit

By Erica C. Barnett

This post has been updated to include more information about SDOT’s pothole budget.

Several recently elected members of the City Council raised a novel objection to pro-housing advocates who argued the city should allow more density and plant more public trees yesterday: Trees in the private yards of single-family houses, they argued, are better for people than those in parks and public rights-of-way.

The arguments against public trees took place during a discussion about the impact proposed changes to the city’s comprehensive plan would have on tree canopy. Two years ago, the city updated its tree code to place new restrictions on some tree removals; since then, groups like Tree Action Seattle have argued that the tree code will lead to the “clearcutting” of Seattle.

Whatever individual tree advocates’ motivations, the impact of forcing Seattle property owners to retain trees in their private lawns is to prevent density in Seattle’s traditional single-family neighborhoods, worsening Seattle’s housing shortage as the population grows. (For people motivated by the desire to keep renters out of “their” neighborhoods, trees have largely replaced the blunter objections of the past, such as complaints that renters ruin people’s property values.) Advocates want to revamp the two-year-old tree code to make it difficult or impossible to remove large private trees for development or any other purpose, and Moore is their main champion on the council.

Addressing several staff for the city departments that deal with planning, land use, and trees, Moore kicked things off by saying that planting trees in street rights-of-way, such as planting strips and medians, is “problematic” and potentially “not sustainable” because sometimes the city ends up removing those trees anyway; for example, Moore said, a SDOT was “wanting to cut down all those trees” on a landscaped median on Beacon Avenue.

After staffers responded that most of those trees were actually going to stay in place—the city puts signs on trees to indicate that they could be removed, not that they will—Moore made her case that trees in people’s private yards are actually better than trees in parks and other public spaces.

“While you say everybody is 10 minutes’ walking distance from a park, not everybody is mobile,” Moore said, addressing city staffers who had been describing the city’s tree planting and maintenance program. “And also, I don’t think that you can necessarily get the benefit of a tree by it being in a park. I mean, sometimes the benefit of the tree is that you’re standing outside your apartment building or your house when it’s 90 degrees and you’re getting some relief from the heat. You have the benefit of looking out a window and seeing a tree that you might not see in a park.”

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Moving beyond parks, Moore said that planting trees in public rights-of-way could also be “problematic,” because the city might have to remove the trees later for unanticipated reasons. For example, she’s “received a lot of emails about Beacon Avenue,” where the city has to repair sidewalks damaged by the roots of large street trees, “[and] SDOT wanting to cut down all those trees,” Moore said. “I appreciate the idea of wanting to put trees in the right-of-way, but that, too, comes with with issues.”

The trees Moore was referring to were marked with evaluation notices earlier this year; as a staffer noted in response to Moore, most will be retained thanks to sidewalk redesigns that allow the trees to keep growing while keeping the sidewalk accessible to people with disabilities.

Moore also brought up her favorite straw-man argument, one I’ve never heard anyone actually make: People who want to allow private property owners to remove trees, she said, inaccurately believe that any new housing that gets built in its place has to be affordable. (In other words, she’s saying that you probably believe any townhouse that goes up in your neighborhood is reserved for a low-income person).

“So this narrative that [if we remove trees for development], suddenly we’re going to have affordable housing, is incorrect,” Moore said. “I challenge the department, [the Seattle Department of Construction and Inspections], to show me how many of these permits were for affordable housing, I submit to you that none of them were affordable housing.” This is the point when I started yelling “Literally no one has ever said that!” at my laptop screen.

Moore wasn’t the only council member to come up with reasons that forcing property owners to keep trees in their private yards was superior to planting and maintaining public trees.

Rob Saka, who set aside $2 million in last year’s budget to remove a traffic barrier that prevented illegal left turns into his children’s preschool, pointed out that if trees are allowed to grow tall in city rights-of-way, it makes it harder to remove them later for other “transportation purposes.”

“I definitely recognize that the right of way is it is an appropriate place to to plant trees and build our tree canopy,” Saka said, but “there are associated costs, nontrivial costs, associated with maintaining these tree canopies in our public right of ways.” Every year, SDOT’s budget for trees seems to “grow and grow. … I love arborists out there [but we’re] getting to a point, getting to a state where our ongoing annual maintenance costs for maintaining tree canopy alone, in shrubbery alone, eclipses our ability what we spend to repair basic potholes.”

“Planting trees is expensive,” Moore chimed in later, adding that the city should create a new fund to move existing trees, like a sequoia whose owner has become the target of protests, to other locations because the trees the city is planting now aren’t comparable to the ones in people’s existing yards. (City staff who compared new tree plantings to evergreens planted when Seattle was being developed were also being “disingenuous,” Moore said, because the new trees won’t live as long.)

SDOT’s general-fund budget for tree planting and maintenance is $11 million this year, up from $6.9 million in 2024 and $7.5 million in 2021. The general fund budget also includes $19 million for pavement maintenance and repair, which includes potholes—roughly the same amount as last year, and up from $15 million in 2023. Of that total, according to SDOT, about $4.2 million pays for pothole repair. Repairing each pothole costs a few hundred dollars.

The voter-approved 2024 transportation levy has an additional $29 million for urban forestry and citywide tree planting, and $67 million for pavement spot improvements, including potholes.

Planting “trees in a specific location,” Saka continued, has other inherent problems: “It limits our freedom to operate, and removes any flexibility, sense of flexibility or agility, that we need as a city. … So when you plant a lot of trees in rights-of-way and fully leverage that space, again, it limits our flexibility to accommodate new travel, new modes of travel, new traffic patterns, and make the most beneficial use of our roads that works for all.”

I have to admit, “street trees are a problem because you can’t move them” was a new one for me. So it was almost comforting to hear Moore return to a very, very old argument against adding density in single-family areas.

Contrary to what urbanists claim, Moore said, “it is disingenuous, I think, to talk about, you know, ‘if we don’t build density, then we’re going to sprawl.’ We are constrained by the Growth Management Act. If we don’t have density in Seattle, we’re not going to sprawl out, because we’re constrained by state law. So that’s a red herring, frankly. … People recognize when they’ve been sold a bill of goods.”

In reality, the red herring here is that the Growth Management Act prevents sprawl. King County’s growth management boundary—where, according to Moore, sprawl is prohibited— includes every sprawling bedroom community in the region, from Black Diamond and Maple Valley to North Bend and the Issaquah Highlands. (That sprawl exists, by the way, because developers cut down actual forests, as opposed to the “forest” of individual trees in people’s private yards that’s the subject of so much handwringing in Seattle.)

Moore’s wrong about the reason it’s happening, too. Seattle has created a housing shortage by adopting policies that prevent housing. That increases housing prices in Seattle and forces middle- and working-class people to move out into the sprawl that surrounds the city. The “bill of goods” is that Seattle’s anti-housing policies—and, yes, proposals to prevent development by forcing property owners to retain trees are anti-housing—don’t have consequences for the entire region.

Turning Park-and-Rides Into Housing

Aerial view of Shoreline Park-and-Ride via Google Maps.

By Josh Feit

We (Ed: Actually, Erica) gladly paid $7 an hour on a recent Friday afternoon for a  street parking spot behind Capitol Hill’s Stoup Brewing. The reasonable fee is part of SDOT’s data-driven demand management program, which puts an appropriate price on parking, recognizing—sort of like NYC’s congestion pricing program—that popular destinations should be subsidized by the car-centric culture their urban density offsets. After all, density makes Capitol Hill’s go-to clubs, bars, restaurants, and shops possible in the first place.

Applauding the high cost of parking was on point because the event we were attending was a happy hour thrown by Sightline Institute, where more than 50 people crowded in to celebrate, I kid you not, a parking reform bill.  Sightline, which has become an incubator of green metropolis legislation in Olympia, helped draft the bill, which had just passed the state legislature the day before.

Demand management is well and good. But the Sightline bill takes the next step: It prevents cities from requiring too much parking in the first place. The bill, which was sponsored by urbanist rock star Sen. Jessica Bateman (D-22, Olympia), caps parking mandates statewide. For example, the bill says cities can’t require more than one parking space for every two units in new multifamily housing. Developers could still build more parking, but they’ll no longer have to.

There were free stickers on the tables proclaiming, in the style of parking signs: “End Parking Mandates.” And when Sightline’s parking reform guru Catie Gould jumped up on a table with a handful of drink tickets to thank everyone for coming—identifying herself as “the one who wrote” SB 5184—the crowd feted her like she was Bernie or AOC behind the mic on the “Fighting Oligarchy” tour.

Certainly, three cheers for the parking caps; I grabbed one of the free stickers. But it’s another bill that sets my war-on-cars heart aflutter. Where the Bateman/Sightline bill limits new parking, the one I’m giddy about actually nukes existing parking infrastructure—parking infrastructure that (unsurprisingly to those who have been predicting a transit future for years) is sitting largely empty.

According to King County Metro spokesman Jeff Switzer, only about 30 percent of the parking spaces in park-and-rides across the system are full on a typical day—and the most heavily used lots, at Northgate and on the Eastside, are only 60 to 70 percent full.

King County lobbied for a change in state law to allow for a different use at these properties: Affordable housing. Appropriately enough, the reform—which authorizes  Metro to overhaul three pilot sites for now—came as an amendment to state Sen. Julia Reed’s (D-36, Seattle) transit-oriented development bill, broader legislation that’s about incentivizing affordable housing near transit hubs. (I wrote about Reed’s bill and its innovative funded inclusionary zoning progam earlier this session.)

 

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The un-pave paradise amendment, a friendly add from state Sen. Yasmin Trudeau (D-27, Tacoma), says WSDOT can select up to three park-and-ride facilities in King County so Metro can conduct a pilot affordable housing program that “releases [Metro from] any covenant imposed for highway purposes and replace it with a covenant requiring affordable housing.” “Gaining this flexibility,” Metro spokesman Switzer said, “would be really important to help both the state and King County Metro achieve their shared goals around transit oriented development and building housing conveniently near frequent and reliable transit service.”

You don’t have to convince me, Jeff. Turning parking into housing is an urbanist’s version of turning swords into ploughshares.

Switzer declined to specify which park-and-rides are being liberated, but the legislation specifies three large surface parking lots—each with between 300 and 1,000 parking spaces—in Kirkland, Shoreline, and South King County.

Go figure. Parking lots with 300 to 1,000 stalls are going underutilized. Props to King County Metro for turning those empty stalls into an opportunity for fulfilling the potential of transit infrastructure as a prompt to build affordable housing. Transit policy is land use policy. And King County needs more land use policy like this that authorizes affordable housing.

Josh@PubliCola.com

Cathy Moore Wants to Make it More Expensive to Build Middle Housing

By Erica C. Barnett

In a recent meeting of the Seattle City Council’s special committee on the comprehensive plan, Councilmember Cathy Moore laid out her case for imposing fees on new housing in the city’s traditional single-family areas, where—under a state law passed two years ago, HB 1110—the city is required to allow up to four units on each lot (or six within a quarter-mile of frequent transit stops or when two of the units are affordable.)

The council is gearing up to adopt “interim” zoning changes to comply with HB 1110, which Seattle must do by June; ordinarily, the city would have adopted the new rules as part of the city’s overall comprehensive plan update, but Mayor Bruce Harrell introduced his legislation far behind schedule, leaving the council with little time to consider the plan.

A half-dozen homeowner groups have appealed the plan, arguing that specific new “neighborhood centers”—commercial areas near transit where the proposed plan would allow apartment building—will harm the character of their historically single-family areas.

Simultaneously, the city is considering changes to its Mandatory Housing Affordability (MHA) legislation that would expand MHA to the new neighborhood centers, adding 21 percent to the area of the city that’s subject to MHA, while continuing to exempt the new “neighborhood residential” zones—the new name for the city’s former single-family areas—from the fees.

Moore’s objections boiled down to two main points. First, she argued against the concept of neighborhood centers, noting that the city is already increasing the amount of housing that can be built “throughout the city,” by allowing up to four units on every single-family lot. (Moore specifically opposes a new neighborhood center in Maple Leaf, which she argued would amount to “sacrificing” the entire neighborhood to density.)

Second, and more vociferously, she argued that the city should impose Mandatory Housing Affordability (MHA) requirements on all new housing in former single-family areas, effectively mandating that developers build or fund the construction of at least one affordable unit for every three to five market-rate units they build.

MHA, which has been in place since 2019, allows developers to build more housing in certain parts of the city; in exchange, they agree to build affordable housing on site or pay the city’s Office of Housing, which funds housing elsewhere. The size of the fee varies depending on where in the city the new housing is located, and by how much of a height bonus developers receive. As housing construction slows, so do MHA revenues; currently, the City Budget Office projects that MHA will bring in $22 million in both 2025 and 2026, down from $68 million in 2022 and $59 million in 2023.

“We’re going to open up the city to tremendous development and density, which is good, but we need to make sure that we’re utilizing all our tools,” Moore said, “and MHA is a powerful tool. It can be tweaked, but to simply say it shouldn’t apply across the board, I think, is a missed opportunity. And again, it’s a calibration of, what are the costs that we consider valuable in this society?”

Representatives from the mayor’s office, the Office of Planning and Community Development, and two consultants that looked at the impact of the MHA program on housing in Seattle, BERK and Heartland pointed to 2024 BERK/Heartland study showing that developers of low-rise housing—the townhouses, fourplexes, and other low-density housing types that will be allowed in single-family zones under 1110—opted to build these units outside MHA areas because the additional height bonus didn’t benefit low-rise developers enough to make up for the large fees they would have to pay to build in those areas.

A separate study, from ECONorthwest, showed that “middle housing” developments are extremely sensitive to cost increases, falling off dramatically as the cost to develop each unit increases. That same study found that middle housing is currently feasible in only 19 percent of the proposed new neighborhood residential (former single-family areas), and most of those won’t be redeveloped; imposing new fees on new housing in those areas would make it far less likely that developers would choose to build new housing there.

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OPCD planning manager Geoff Wentlandt noted that by adding new neighborhood centers to the city’s zoning maps, the city will be increasing the areas of the city subject to MHA requirements by 21 percent. But imposing MHA fees on small developments in former single-family areas, Wentlandt said, would reduce the amount developers would make on projects below levels that most developers would be willing to accept. “We really want to prioritize seeing the production of middle housing in the new neighborhood residential zones. Everyone agrees that middle housing is a high priority, and want to make sure it comes to fruition,” Wentlandt said.

Moore pushed back on this, arguing that developers should be willing to accept lower profit margins in exchange for the ability to build in new areas. “My understanding is, in the past, when they were building, they expected 15 to 20 percent return on investment, and they’re still seeking those kinds of high level [returns],” Moore said.

“If you talk to some of the smaller for-profit developers… they’re not looking to make more than 10 percent return on investment. And so things do actually pencil out. When we talk about penciling out, are we talking about we’re penciling out at 15 percent profit, or are we talking about penciling out at 10 percent profit? Nobody’s really answered that question, what does it truly mean to pencil?”

Moore also suggested that OPCD was arguing that “six dollars”—the difference between a typical $22-per-square-foot MHA fee when the program was introduced and the $28 it costs today—is making it so that projects don’t pencil out. “I think we need a policy discussion about whether we think $6 to ensure that we continue to have affordable housing in the city is a cost that we think is appropriate for our developers to absorb and reduce their return on investment a little bit,” Moore said. “I guess I’m unconvinced that the $6 is really, across the board, going to be the thing that prevents affordable housing.” (The $6 change reflects an annual inflation adjustment, not an increase in real terms.)

Christa Valles, a senior advisor in the mayor’s office, pushed back on this, saying, “I would just like to be really clear we do not consider our position on this as backing away from MHA. …  This is a really difficult environment right now for housing development, and we want to make sure that the infill that we hope to see under HB 1110 has the support that it needs to happen.”

According to the BERK study, the MHA fee itself makes up a small percentage of overall development costs; but, as costs for other elements of development increase, the fee can be a deciding factor in whether a project gets built. In real dollars, building four 1,250-square-foot units would add $140,000 to the cost to develop a property, using the current $28 “typical” fee. Even if a developer decided it was worth it to pay an extra $140,000 to build those four units, the fee would get passed on to future renters or buyers, making the housing less affordable.

Moore also suggested “carving out an exemption” to MHA requirements “for people, families, who are wanting to develop their lot,” as opposed to developers building the same type of housing for new residents.

Implementing the changes Moore suggested—that is, eliminating at least some neighborhood centers and imposing fees on all new development in the city’s traditional single-family neighborhoods—would make it far more expensive, less feasible, and less likely that middle housing would be built in neighborhoods across Seattle. Developers would reasonably opt out of building in places where they would make less money, choosing either not to build in Seattle or to concentrate new housing in areas where it has always been allowed—along large, busy arterial roads where Seattle’s renter majority is currently concentrated.

Seattle Nice: Council President Sara Nelson Talks About Housing in the Stadium District, Addiction Treatment, and More

By Erica C. Barnett

Council President Sara Nelson was our guest on this week’s Seattle Nice podcast, where we talked at length about the council’s recent 6-3 vote to allow up to 990 apartments, half of them affordable to moderate-income renters, in a small, industrially zoned area just south of the city’s two stadiums.

Affordable housing groups, nearby neighborhoods, and the Building Trades Union supported the proposal to allow housing as part of a planned “makers’ district” where artists, food producers, and small manufacturers will have access to more affordable work and retail space than they would in other parts of the city. The longshoremen’s union, the Port, and some urbanists opposed the plan: Maritime groups claimed the housing would destroy Seattle’s industrial base in SoDo by clogging the area with too many cars, and some advocates for citywide density said it was just another example of the city putting housing along dirty, traffic-clogged arterials instead of single-family areas.

Nelson said she doesn’t understand why “the urbanists” opposed the housing proposal, and said her goal was to create affordable housing while improving public safety in the area, by adding more eyes on the street in a part of the city that has few permanent residents. Hotels are allowed in the area already, but there’s a big difference between people living in a neighborhood and people just passing through.

Opponents may not find Nelson’s arguments convincing, but as I said when she challenged me on this, I’ve never argued that she’s a straightforward NIMBY, despite disagreeing with most of her positions on public safety, workers’ rights, and renter-vs.-landlord issues.

Nelson has taken many centrist or conservative positions during her three-plus years on the council—pushing to eliminate the minimum wage for gig workers, lower testing standards for new police hires, protect landlords who don’t want to reveal how much they charge in rent, and crack down on people who use drugs in public (not to mention those who protest council actions in public meetings).

But beyond “protecting mom and pop landlords” by preserving old apartment buildings (ahem—”naturally occurring affordable housing”), Nelson has not been among the council’s many vocal advocates against housing in neighborhoods, and has voted against proposals that would restrict housing, like former council member Alex Pedersen’s proposed tree removal restrictions that would have made it difficult or impossible to build middle housing in historically single-family areas.

While I have argued vociferously against laws restricting housing to busy arterials (I think we should allow apartments everywhere), I don’t think a policy unfairly restricting housing to certain areas is a reason to ban housing in the stadium district—an area that’s right next to Pioneer Square, another car-choked neighborhood directly adjacent to industrial uses (and a vast new waterfront highway whose opening city officials have celebrated).

Listen to Seattle Nice—where we also discussed the city’s comprehensive plan, the funding Nelson secured in the budget for addiction treatment at Lakeside-Milam, and the council’s upcoming budget challenges.

 

This Week on PubliCola: March 23, 2025

Mayor Bruce Harrell spoke this week at an announcement about the CARE team’s expansion into south Seattle.

Monday, March 17

Seattle Nice: Sound Transit’s New Leader, Katie Wilson’s Run for Mayor, and Ann Davison’s Challengers

On our latest episode of Seattle Nice, we discused King County Executive Dow Constantine’s likely appointment as head of Sound Transit; mayor Bruce Harrell’s first potentially viable challenger, Katie Wilson; and a new candidate, Erika Evans, who’s joining the race against Republican City Attorney Ann Davison.

Tuesday, March 18

PubliCola Questions: City Attorney Candidate Nathan Rouse

Nathan Rouse, a public defender who’s also challenging Davison, talked with PubliCola about his agenda for the office. If elected, he said, he’ll bring back community court, end Davison’s “high utilizers” initiative that targets repeat offenders for extra punishment, and focus more resources on prosecuting wage theft, protecting tenants, and providing resources to crime victims.

Wednesday, March 19

“We’re Gonna Throw It Away.” Dan Strauss, on Losing End of Stadium Housing Vote, Predicts Disaster for Industrial Seattle

After months of deliberation, the council voted 6-3 to allow a limited amount of housing near the city’s two stadiums south of downtown. Dan Strauss, a vocal adversary of the plan, dominated the five-hour meeting with increasingly dour speeches predicting the downfall of the maritime industry in Seattle, due primarily to traffic caused by people living in apartments in the area.

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Thursday, March 20

CARE Crisis Response Team Moves into South Seattle As Council Complains It’s Ineffective

The city’s CARE crisis response team—a team of social workers that responds, accompanied by police, to certain 911 calls—announced this week that it’s expanding citywide. Last week, the city council complained that the the team has not produced visible reductions in misery on Seattle’s streets; in response, CARE’s director noted that the team is limited under an agreement with the police union to 24 responders.

Friday, March 21

When a Top Mayoral Staffer Was Accused of Sexual Assault, These Women Decided It Was Time to Come Forward

Mayor Bruce Harrell’s external affairs director, Pedro Gomez, was accused of raping a woman he met through the mayor’s office last year. After she came forward, several other women spoke to PubliCola about their own experiences with Gomez, including a coworker who said she never reported her own assault. Harrell’s office said there was never any indication that Gomez had any history of inappropriate behavior with women.