Tag: density

Affordability, City Council, Density, Development, housing, neighborhoods, zoning

Takeaways From Seattle’s Upzoning Endgame

After another epic committee meeting—lengthened, this time, not by public comment but by a barrage of amendments intended to chip away at modest density increases on the edges of urban villages—the city council moved one big step closer yesterday to finalizing the remaining citywide portion of the Mandatory Housing Affordability plan, which has been in the works for the past four years. (MHA has already been implemented in several neighborhoods, including downtown, South Lake Union, and parts of the University District).

City of Seattle

The plan, on the whole, is modest. It allows developers to build taller, denser buildings inside multifamily and commercial areas and urban villages, and expands some urban villages (areas where, under the neighborhood plans first adopted in the 1990s, density is intensely concentrated as a way of “protecting” single-family areas) to include about 6 percent of the land currently zoned exclusively for single-family use. One reason the plan is modest is that the upzones are small, generally increasing density by one zoning step (from Neighborhood Commercial-65, for example, to NC-75, a height increase of 10 feet) in exchange for various affordability contributions. The second reason is that by continuing to concentrate density along arterial slivers instead of legalizing condos, townhouses, duplexes, and small apartment buildings in the two-thirds of Seattle’s residential area that’s preserved exclusively for detached single-family houses, the changes can’t be anything but modest: 6 percent of 65 percent is still just a sliver.

Most of the amendments the council passed yesterday—generally with opposition from the two at-large council members, Lorena Gonzalez and Teresa Mosqueda, and District 5 (North Seattle) member Debora Juarez—were aimed at decreasing the size of even that tiny concession.

For example: All of the amendments proposed by District 6 representative Mike O’Brien in the Crown Hill neighborhood, as well as his proposal to create a new, entirely speculative protection for a strip of houses in Fremont’s tech center that some people feel might have historic potential, were downzones from the MHA proposal. O’Brien, who was unable to attend yesterday’s meeting, has said that the proposals to shrink MHA in Crown Hill and Fremont came at the behest of “the community,” and that they were all offset by increased density along 15th Ave. NW, making them a win-win for density proponents and the Crown Hill community. (Lisa Herbold, in District 1, made a similar argument for her own proposal to downzone parts of the Morgan Junction neighborhood from the MHA proposal, saying that “I feel really strongly that the work, not just that I’ve done with the community, but that community leaders have done with other folks that have engaged with this effort, should be honored.”)

O’Brien’s Crown Hill downzones all passed, along with corresponding upzones that will further concentrate density (to put a human point on it, apartment buildings occupied by renters) on the noisy, dirty quasi-highway that is 15th Ave. NW, where it intersects with NW 85th St.:

The intersection where “the Crown Hill community” says they will allow renters to live.

Council member Teresa Mosqueda—who told me before the vote that the revelation that 56 affordable units would be lost if all the downzones passed increased her resolve to vote against all of them—pointed out the environmental justice implications of banning renters in the heart of a neighborhood and restricting them to large buildings on busy arterials: “When we look at neighborhood changes that would squish the zoning changes to an area along 15th, which we know to be a high traffic area with noise and pollution… it doesn’t feel like an equitable way to best serve our community. … I think it’s important that we take the opportunity to create not just access to housing along 15th, but really talk about how we equitably spread housing throughout the neighborhood.”

District 5 council member Debora Juarez added, “Of course [residents of a neighborhood] can organize, and of course they’re going to find a way to opt out or reduce their responsibility or their role or how they would like to see their neighborhoods grow. I know what happens when you do that, because then the burden shifts to those neighborhoods that we are trying to protect particularly from displacement.” Although District 3 council member Kshama Sawant countered that the people in Crown Hill are largely “working-class homeowners” at high risk for displacement, citywide council member Lorena Gonzalez quickly put that notion to rest, pointing out that the city’s own analysis found that Crown Hill is a neighborhood with high access to opportunity and a low displacement risk.

O’Brien’s amendments passed 5-3.

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Other amendments that came up yesterday:

Although several of District 4 council member Rob Johnson’s amendments to reduce density in the Roosevelt and Ravenna-Cowen neighborhoods passed, a proposal to preserve a single-family designation for a single block of houses in Roosevelt failed, sparking some pointed comments from both Mosqueda and Gonzalez about the need to build housing near transit corridors and future light rail stations like the one four blocks from the block Johnson proposed keeping single-family. “We have to, as a city, either be committed to the urban village growth model or not, and to me this is an example where we need to be committed to that urban village growth strategy,” Gonzalez said.

• A proposal by O’Brien to reduce the proposed zoning along N 36th Street near the Fremont Troll statue by two full stops (from Low-Rise 3, which allows apartments, to Low-Rise 1, which allows townhouses), lost on a unanimous vote. Council members pointed out that not only is the street O’Brien wanted to downzone within spitting distance of high-tech companies like Google and Tableau, making it a prime location for new housing, the houses on it do not have any historic designation, which was one of O’Brien’s primary justifications for the amendment. “This is quite literally a dense area,” an exasperated Mosqueda said.

• A suite of Herbold amendments to reduces some of the proposed upzones near the West Seattle Junction, and the site of the future Link Light Rail station, from low-rise (1 through 3, depending on the lot) to residential small lot all passed. Herbold justified the downzones from the MHA proposal by noting that Sound Transit hasn’t finalized its alignment through West Seattle yet, and expressing her “commitment” to come back and adopt some kind of upzone in the area once they do. As she has before, Herbold suggested that not upzoning would be a cost-saving measure, because Sound Transit will have to purchase some land in the area for station construction, and land zoned for higher density typically costs more. When Juarez, whose district includes two future light rail stations (at Northgate and N. 130th St.), noted that her district clamored for more density around the stations, not less, Herbold said that Sound Transit currently has “three different options, and they’re spread across about 10 different blocks.” Mosqueda chimed in, saying that her “argument would be that it’s precisely because we have a new [light rail] line… that we should be doing everything we can now to raise the bar, so that when a decision is made [any new density] would be in addition to that baseline.

The committee declined to reduce a proposed height increase in southwest Delridge, in an area that, Herbold said, “provides a very wonderful view of Mount Rainier… in a low-income neighborhood in an area that doesn’t see a lot of city investment.” Both Gonzalez and Mosqueda pointed out that the downzone from MHA that Herbold was requesting wouldn’t actually reduce heights at all—the only difference would be how much low-rise housing property owners could build on private property—and District 7 council member Sally Bagshaw said she had been swayed by Mosqueda’s argument that the point of MHA is “build back in the opportunity for people to live in areas that they were excluded form living in.” However, Bagshaw added, she had already committed to supporting the amendment, which ultimately failed on a 4-4 vote.

• Two other Herbold amendments—one sweeping, the other potentially precedent-setting—are worth noting. The first, which supporters referred to as “the claw-back provision,” would nullify all the MHA upzones if a court overturns MHA’s affordability requirements at any point in the future. Mosqueda argued forcefully against the provision, saying, “I am not interested in sending a message that we would have some sort of moratorium [on development]. I think that could have adverse impacts on our ability to build affordable housing.” Johnson, who said that he “philosophically agreed” with Mosqueda, argued nonetheless that the amendment was “purely intent language”; it would only go into effect if a court overturned MHA’s affordability requirements in the future. That amendment passed.

The second, an amendment that triggers a new neighborhood planning process whenever “more than 25 percent of the [Morgan Junction] urban village could be affected by proposed zoning changes,” impacts a small area but could set a precedent for throwing MHA zoning changes (or other future zoning changes) back to community groups whenever they start to appreciably change the way an area looks and feels (which is, some might argue, the entire point of zoning changes). “I’m not hearing a rational basis for the establishment of a 25 percent benchmark,” Gonzalez said. “I’m worried about the establishment of a benchmark … based on a feeling or a sense that that that seems to be the right place to engage in the conversation. I’m not sure that’s wise policy. I’m not really sure how we even quantify what 25 percent” means.

That amendment passed 6-2, with Juarez and Mosqueda voting against.

The full MHA package passed the committee unanimously, with O’Brien absent. It now heads to the full council for a vote on March 18.

City Council, Density, Development, Historic Preservation, housing, land use, Mayor Durkan

Anxious About Durkan’s Decision, Council Members and Housing Advocates Scheduled Last-Minute Press Conference on Density Plan
Image via City of Seattle

For months, advocates for a denser, more affordable city have been waiting with gritted teeth to see how Mayor Jenny Durkan would put her imprint on the citywide Mandatory Housing Affordability plan, which was developed under her predecessor, Ed Murray. The plan, which has already been implemented in a handful of neighborhoods, allows more types of housing—duplexes, townhouses, and apartment buildings—in more parts of the city, including 6 percent of the land currently zoned exclusively for single-family housing. Given Durkan’s somewhat spotty record on key urbanist issues—stalling bike lanes downtown and in North Seattle, siding with housing opponents on the Showbox, and delaying the First Avenue streetcar—density advocates worried that any changes Durkan made would only water down the proposal.

Last week, it looked like the advocates were about to get the bad news they were expecting: Durkan, under pressure from the city attorney’s office, was reportedly poised to call for a supplemental environmental impact statement (SEIS) to examine the plan’s potential impacts on historic resources (like the Admiral Theatre, above)—an additional layer of process that would have added months of delay and created new avenues for MHA opponents to appeal the plan, perhaps into oblivion. Instead, MHA advocates wanted the city to limit its additional historical-resources analysis—required by an otherwise favorable ruling by the city’s hearing examiner last November—to an addendum to the final environmental impact statement, which would require only a 14-day public comment period and could not be challenged. The ruling marked the conclusion of a yearlong appeal by single-family neighborhood activists, who argued that MHA should not go forward because of its supposed negative environmental impacts.

The city attorney, whose spokesman said he could not comment on any legal advice the office provides to the mayor, reportedly expressed concern that doing an addendum, rather than a full SEIS, could open the city up to legal liability.

Durkan’s office did not respond to questions about whether she initially leaned toward recommending the more arduous, time-consuming EIS process. But representatives from the Housing Development Consortium, Vulcan, the Chinatown/International District Public Development Authority, and several city council members were apparently concerned enough about the potential for more delay that they planned a press conference this past Friday morning at Sound Transit’s Union Station to encourage the mayor to move forward quickly with the plan.

According to a planning email obtained by The C Is for Crank, pro-MHA city council member Teresa Mosqueda’s office billed the event—officially a kickoff to Affordable Housing Month— as an opportunity for participating organizations “to speak directly with members of the press about the importance of moving MHA forward by March… and why you and/or your organization is excited to support this legislation that has been years in the making!” In addition to Mosqueda, council members Rob Johnson and Lorena Gonzalez were scheduled to speak.

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And then, without notice, the press conference was called off. One participant says they showed up to find no one there. Mosqueda would not comment on why the event was canceled; nor would Johnson, the chairman of the council’s land use committee and a longtime vocal MHA proponent.

However, sources inside and outside city hall who spoke on background say that Durkan met last week with a coalition of MHA advocates, including developers whose plans would be impacted by more delay, who strongly urged her to go with the less onerous addendum option. As, indeed, she ultimately did: The city’s Office of Planning and Development will publish the addendum on Thursday, eliminating one of the last potential roadblocks to MHA’s approval. At some point between now and March, the council will approve the plan (with amendments) and a companion resolution, which could call for mitigation plans to protect historical resources inside the MHA boundaries.

The mayor’s office provided a statement about the decision to move MHA forward:

Mayor Durkan believes the Mandatory Housing Affordability requirements are critical to building more affordable housing while ensuring that our fastest-growing neighborhoods can be vibrant, livable places for the next generation. In November 2018, the Seattle Hearing Examiner ruled that the environmental analysis of MHA conducted by the City adequately addressed the impacts of the proposal with the exception of the analysis of historic resources. As required by the Hearing Examiner’s remand, the City has been working diligently to conduct a thorough environmental review of historic resources, and this week OPCD will publish the addendum in order to move forward on a path for the City Council to pass MHA this Spring. Understanding appellants have challenged MHA every step of the way, the City will continue to successfully work to increase development capacity and support affordable housing requirements.

If MHA does move forward in March, it will mark the end of delay tactics that have resulted in the loss of hundreds of units of affordable housing, worth an estimated $87 million, over the year that MHA has been locked up in appeals. It will also represent a significant moment in the Durkan administration—a decision to move forward, rather than delay, a program that will create a significant amount of new housing despite the fact that it’s controversial with the single-family homeowners who helped the mayor get elected.

It’s not clear exactly why Durkan made this decision when she did—whether, for example, she was swayed by the specter of a big press conference starring three council members, Vulcan, and the county’s largest affordable housing coalition, or by direct appeals from developers themselves. But tensions were reportedly high at City Hall right up until Friday, after Durkan decided to support the fast-track option— if you can say that a process that has taken nearly two years is on a fast track.

Affordability, City Council, Density, Development, Equity, homelessness, housing, Poverty

As Council Moves to Protect Mobile Home Park, It’s Important to Remember How We Got Here

Next week, the city council is expected to adopt an emergency one-year moratorium on development at the Halcyon Mobile Home Park in North Seattle, to prevent developers from buying the property while the council crafts legislation to preserve the park in perpetuity. That future legislation, which will be developed in council member Rob Johnson’s land use committee, would most likely create a new zoning designation allowing only mobile or manufactured homes on the two properties, similar to a law Portland adopted last year.

If this is the first you’re hearing about the plight of the Halcyon Mobile Home Park,  you’re not alone. Although the park, which houses dozens of low-income seniors and their families, has been on the market since last June, it recently caught the attention of council member Kshama Sawant, who called a special meeting of her human services and renters’ rights committee last Friday afternoon to discuss her emergency legislation, which she said was necessary to prevent “US Bank, a big financial institution that does not care about ordinary people, [from] selling the property to a corporate developer called Blue Fern.”

Urging Halcyon’s elderly residents to write to the council and turn out in force for public comment at the full council meeting on Tuesday afternoon, Sawant did not mince words. “It’s important to remind the council that if they don’t act on this, they will be kicking Grandma out, and that’s going to be on their conscience, so we need to make sure that they understand what political price they have to pay for it,” Sawant said.

“It’s important to remind the council that if they don’t act on this, they will be kicking Grandma out, and that’s going to be on their conscience, so we need to make sure that they understand what political price they have to pay for it.” —Council member Kshama Sawant, urging residents of the Halcyon Mobile Home Park to write the council

The sudden “emergency” was news to  council member Debora Juarez, who said she couldn’t attend Sawant’s special committee meeting on Friday due to a prior commitment. (Sawant’s committee ordinarily meets on the second and fourth Tuesdays of every month, although it has only met once since last July.) On Tuesday, after Sawant repeated her claim that “the developer, Blue Fern, could vest literally any day now,” Juarez took the mic to “correct the record.”

Among those corrections: Blue Fern has not filed plans to develop the property. The property is not owned by US Bank. And no development plans are in the offing.

It’s true that the property, which was owned by one family but is now part of a trust, of which the University of Washington is a beneficiary, is on the market—with US Bank as the trustee and Kidder Matthews as the broker—but Blue Fern, after inquiring about the preapplication process last October and attending a meeting with the city in December, has decided they do not plan to move forward with the proposal. According to a spokesman for Blue Fern, Benjamin Paulus, “Neither Blue Fern Development, LLC or its affiliated companies are under contract to purchase this property.”

The sudden panic—the last-minute committee meeting, the declaration of emergency, the chartered bus that ferried Halcyon residents and supporters to today’s council meeting—was, in other words, at least partly based on misinformation. Confronted by her colleagues about this, Sawant said the specific details didn’t matter, because “it is only a matter of time before another corporate developer comes along and decides to buy this property, so the residents haven’t been misled.”

Every individual decision to “save” a property, however justifiable in isolation, puts off until another day a discussion we’ve been avoiding since well before the current building boom. Imagine if the city had reexamined  single-family zoning and adopted mandatory affordable housing laws 20 years ago, back when the council was busy arguing over every dilapidated apartment building being torn down in South Lake Union. Maybe we would have built thousands of units of affordable housing, and the “luxury” apartments of that era would be affordable to middle-income renters today. Maybe residents of Halcyon Mobile Home Park, and other naturally-occurring affordable housing, wouldn’t feel so desperate at the prospect of moving elsewhere if we had built somewhere else for them to go.

Many of the residents themselves—one of whom fell down during yesterday’s council meeting, causing a brief hush in the room —appeared to believe, as late as yesterday afternoon, that they were at imminent risk of losing their homes. Several residents choked back tears as they testified, saying they were terrified about becoming homeless. These are real, legitimate fears—of nine mobile home parks that existed in Seattle in 1990, when the city council passed a series of similar development moratoria,  just two remain—but it’s hard to see how stoking them, by suggesting that the bulldozers are practically at the gate, serves the interests of vulnerable low-income seniors.

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Mobile homes are naturally occurring affordable housing, and developing them into other kinds of housing—in this case, townhouses or apartments—creates a very literal kind of physical displacement. It’s understandable that the city council, faced with the prospect of tossing dozens of senior citizens out of their homes, would do everything in their power to prevent that from happening, including creating special new zones that protect mobile home parks in perpetuity.

But there’s a larger question such parcel-by-parcel anti-displacement efforts elide: Why are apartments still illegal almost everywhere in Seattle?  Every time the city decides to preserve one apartment building, or one mobile home park, without asking about the opportunity cost of that decision, they are putting off a crucial conversation about Seattle’s housing shortage, and how to solve it. Every time the city walls off another block from development—whether it’s the Showbox, which also got the “emergency moratorium” treatment, or a mobile home park for low-income seniors—without addressing the astonishing reality that two-thirds of Seattle is zoned exclusively for suburban-style detached single-family houses, they are making a deliberate decision that this same thing will happen again.

None of these choices happen in a vacuum. Every individual decision to “save” a property, however justifiable in isolation, puts off until another day a discussion we’ve been avoiding since well before the current building boom. Imagine if the city had reformed single-family zoning and adopted mandatory affordable housing laws 20 years ago, back when the council and anti-displacement advocates were busy litigating the fate of every dilapidated apartment building being torn down in South Lake Union. Maybe we would have built thousands of units of affordable housing, and the “luxury” apartments of that era would be affordable to middle-income renters today. Maybe the residents of Halcyon Mobile Home Park, and other naturally-occurring affordable housing, wouldn’t feel so desperate at the prospect of moving elsewhere, if we had built somewhere else for them to go.

City Council, Density, Development, housing, Mayor Durkan, Morning Crank, neighborhoods, Transportation, zoning

Bonus Crank: “Why Can’t It Be an ‘And’?”

1. In a letter sent on Tuesday to members of the city council’s select committee on Mandatory Housing Affordability, the Seattle Coalition for Livability, Affordability, and Equity (SCALE) urged council members to adopt a raft of amendments scaling back the (already watered-down) citywide Mandatory Housing Affordability plan, which would allow duplexes, townhomes, and some small apartment buildings on six percent of the city’s exclusive single-family areas.

SCALE’s letter encourages the council to adopt all “neighborhood self-determined amendments and resolutions,” which I wrote about last week, and zeroes in on a few specific amendments, including:

• An amendment reverting the MHA zoning back to whatever it was before the council adopted the plan, “should the courts find the affordability housing requirement sections (e.g. requirements to build on site or in-lieu fees) not legal.” MHA requires developers to fund or build affordable housing in exchange for the higher densities allowed by the plan.

• An amendment requiring “one-for-one replacement” of any housing removed as the result of development under MHA. The city has argued that mandatory one-for-one replacement discourages new development and does not accomplish the broader goal of producing more affordable housing throughout the city than is lost directly to development through physical displacement.

• Another, similar amendment requiring that any new development that results from developers paying a fee into an affordable housing fund be inside the same urban village as, or no more than 10 minutes’ walking distance from, the new development. This would also have the impact of reducing development, and thereby lowering the number of new affordable housing units built under MHA.

• Amendments mandating large new setbacks (15 feet in the front and rear, and between 5 and10 feet on the sides) and yards for new development, including small, low-rise apartment buildings, which would be required to have “at least one 20′ x 20′ area at grade for landscape and a large tree planted in natural soil.”

• An amendment changing the definition of “family-sized housing,” which is required in some affordable-housing developments, to three bedrooms (from the current two). The letter justifies this change, which would likely prevent some development because larger apartments are both more expensive and less lucrative, by arguing that “[f]amily sizes for low income, immigrants and refugees and people of color tend to be larger.” The average household size in Seattle, as of the 2017 American Community Survey, was 2.11—1.85 for renters.

The city council took up the first set of district-specific MHA amendments, including some proposed by residents and some from council members themselves, on Monday; on Wednesday, they’ll consider the second batch. I wrote about all those amendments here.

Mayor Jenny Durkan and citywide mobility director Mike Worden

2. As the longest (by one week) Seattle highway closure in history enters its third weekday, predictions of “viadoom” and “carpocalypse” haven’t come to fruition. But as city, state, and county leaders reminded the city at a press event last week, the “period of maximum constraint” is a long-term issue, which is one reason, Mayor Jenny Durkan explained, that the city needed to hire retired Air Force general Mike Worden, one of the two finalists for the Seattle Department of Transportation director job that was ultimately filled by Washington, D.C.’s Sam Zimbabwe, to oversee the city’s “mobility operations.”

It didn’t get coverage at the time (most of the assembled press were focused, understandably, on the coming permanent closure of the Alaskan Way Viaduct), but Durkan offered her most detailed explanation yet of why she believes the city needs not only a new SDOT director and a director of downtown mobility, but a “director of citywide mobility operations coordination,” which is Worden’s full, official title.

“Both Sam and the General came up through the SDOT search, and both of them were enthusiastically supported by the search committee, who said, ‘Either one, you’re going to get a winner.’ And I said, ‘Why does it have to be an or? Why can’t it be an and?'”

Durkan went on to joke that Worden would benefit from his past experience under “enemy fire” and reiterated that Worden’s job wasn’t just monitoring traffic, but coordinating responses from “29 city departments” (which is, incidentally, all of the city departments). For example, “When a tree comes down and blocks a road, that’s not necessarily a Seattle Department of Transportation issue; it could be a City Light issue because it could take wires with it. It could be a Parks Department issue, because the tree was originally in a park.”

Worden also cited his military experience as something that uniquely prepared him for his new job as, effectively, the city’s traffic czar. “My experience with coming together on the eve of a crisis with a bunch of strangers who are arriving from different locations, different countries, facing a crisis, and the ability to work with them to build relationships, to get everyone on a common frame of reference, to achieve the objectives, may come into play … as we transform like a butterfly into the city that everybody wants to be,” Worden said.

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Affordability, City Council, Density, Development, housing, land use, Mayor Durkan, Mayor Murray, neighborhoods, Urbanism

At Long Last, Council Takes Up Mandatory Housing Affordability Upzones

As the city council prepares to finally take up former mayor Ed Murray’s Mandatory Housing Affordability plan—which alters zoning and land use across the city, and would allow duplexes and small apartment buildings on 6 percent of the land currently reserved exclusively for detached single-family houses—today, the council’s seven district members are also proposing dozens of amendments to the plan.

Many of the amendments involve undoing or reducing the proposed density increases, although some proposals do call for higher densities in certain areas. It’s highly improbable that every one of the downzoning amendments will pass, but if they did, it would be tantamount to rejecting the very premise of MHA, which allows developers to build more densely in a small swath of the city in exchange for funding new affordable housing. If all the amendments, including both downzones and upzones, passed, the overall result would still be lower density overall than MHA proposes). And even if MHA were passed unamended, the vast majority of Seattle would still be preserved for suburban-style single-family houses.

The implications of not adopting MHA as drafted (or of downzoning the proposal, block by contested block) go beyond just density. Exempting some commercial and multifamily areas from the plan will mean that developers who build in those areas will not have to build affordable housing (either on-site or by contributing money to a city fund), which have two effects: First, it will make MHA-exempt areas more attractive to developers, not less, because they won’t have to contribute to affordable housing, making development cheaper; second, because developers who build in exempted areas won’t have to contribute to affordable housing, less affordable housing will get built, making it harder for the city to reach its goal of 6,000 units of affordable housing in the next 10 years. Council members who act to exempt certain multifamily areas from upzones in order to prevent displacement may, in other words, actually be encouraging development in those areas.

Here are some of the amendments the council will consider this week, starting at today’s special MHA committee meeting in council chambers at 2:30, listed by district. All the amendments are available in in this 100-page document, which lists the amendments in district order; amendments that are tagged “Additional Environmental review needed” are outside the scope of the city’s Final Environmental Impact Statement for the proposal (which the city’s hearing examiner recently upheld after a lengthy appeal process), and are less likely to move forward than those within the scope of the FEIS. Many of the amendments in each district are proposed by the council member for that district; however, because this isn’t true of every amendment (many of the amendments came from council central staff or from constituents in that district), I’ll refer to the amendments by district rather than author, with one exception. Also, when I refer to “downzones” and “upzones,” I am generally referring to those changes relative to what is proposed in the MHA plan, not to the current zoning.

 District 1 (Lisa Herbold)

The amendments proposed for Herbold’s West Seattle District would reduce the proposed upzones in areas that are currently zoned single-family from low-rise (a catchall term for zones that allow multifamily development) to lower-density designations. Seven of the 11 District 1 amendments call for scaling back the MHA density increases to Residential Small Lot zoning, which allows no more than one unit per 2,000 square feet of land area and limits the size of new houses to 2,200 square feet. Other amendments would undo every proposed upzone in the areas of the West Seattle Junction that are currently single-family, while upzoning a swath of land known as the Triangle, along Fauntleroy Way SW, from 65 feet to 95 feet.

In practice, Residential Small Lot, a new zoning designation, imposes a density limit of about two units on a typical 5,000-square-foot Seattle lot—far less than, say, Low-Rise 3, which is supposed to encourage “infill housing at medium to high densities,” according to the city.

District 2 (Bruce Harrell)

Areas around the Mount Baker light rail station would not be upzoned, or would receive more modest upzones, under two District 2 amendments, and a proposed expansion of the North Beacon Hill Urban Village (along with an upzone within the existing urban village, which is served by the Beacon Hill light rail station) would be eliminated. Getting rid of upzones on Beacon Hill has been a priority of the anti-density SCALE coalition, whose environmental appeals have stalled the implementation of MHA, and Harrell’s amendments would largely accomplish this goal.

The District 2 amendments also include small, specific upzones and downzones in far southeast Seattle (including lower heights and densities around the Rainier Beach light rail station).

District 3 (Kshama Sawant)

Most of the proposed MHA amendments in District 3 consist of downzones on North Capitol Hill east of 15th Ave. and north of Thomas St.—generally speaking, one of the wealthier parts of Sawant’s district, which includes the rest of Capitol Hill as well as the Central District small parts of Mount Baker and Beacon Hill. Geographically, the majority of the proposed District 3 downzones are in the Madison-Miller Urban Village, along 19th Ave. E between East Aloha and East Thomas Streets, and between 20th and 24rd Aves. E on Capitol Hill.

The District 3 amendments also include a few small upzones on individual properties and blocks—all of them, with one exception, in the Central District or further south.

District 4 (Rob Johnson)

Johnson is a vocal proponent of MHA and of increasing density in his own Northeast Seattle district. Many of the amendments in District 4, not surprisingly, would upzone parts of Johnson’s district even more than MHA calls for, particularly around the two light rail stations that are being built near the University of Washington and in the Ravenna-Roosevelt neighborhood. The amendments would also increase potential building heights near the Roosevelt station, on 12th Ave. NE between NE 65th and 67th Streets, from 65 feet to 125 feet, and would add 20 feet to the potential height of new apartments around University Village.

The District 4 amendments also include a few proposed downzones—one for the block just north of Roosevelt High School, two for a site just north of Ravenna Park, and one on the northern boundary of his district, where he has proposed reducing part of the Wallingford Urban Village from low-rise to residential small lot.

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District 5 (Debora Juarez)

The amendments proposed for District 5, which stretches from the northern boundary of Johnson’s district to the border between Seattle and Shoreline, also include a number of upzones centering on three dense (and densifying) areas of North Seattle—Northgate, where a light-rail station is under construction, Lake City, and Aurora Avenue North, in the Aurora-Licton Urban Village.

District 3 council member Sawant has also proposed an amendment in Juarez’s district that would cancel an upzone planned for commercially zoned two mobile home parks located just south of N 125th Street, which are slated for an upzone from 40 to 55 feet. It’s unclear whether Sawant consulted with Juarez on her amendment about the mobile home park, which is also the subject of a special committee meeting Sawant is holding in her renters’ rights committee on Friday afternoon.

District 6 (Mike O’Brien)The 15 proposed amendments in District 6, which includes all of Northwest Seattle, largely sidestep Ballard’s historical center and the area around a potential light rail station, along NW Market Street. Instead, the proposed changes center on the Crown Hill Urban Village, where nine amendments would reduce MHA’s proposed upzones, mostly by lowering proposed densities in areas that are currently single-family from low-rise to residential small lot.

A handful of other District 6 amendments would modestly increase density on a few specific parcels—including one block just south of Holman Rd. NW, currently the site of a Dick’s Drive-In location—but most of the proposals involve lowering development capacity in the northern half of O’Brien’s district.

District 7 (Sally Bagshaw) 

There are just three proposed amendments in Bagshaw’s district, which includes parts of the city (downtown and South Lake Union) that have already gone through their own upzone process and are not part of the current MHA debate. They include two downzones from the MHA proposal, in Upper Queen Anne, and a reversal of a proposed upzone in Magnolia, near the Kiwanis Memorial Preserve Park, just south of the Ballard Locks.

Mayor Jenny Durkan is likely to want to leave her own stamp on the previous mayor’s upzone proposal; during the campaign, she said she supported Murray’s decision to take single-family housing (mostly) off the table, and commented that in considering changes to the plan, it was important to make sure “that we aren’t impacting neighborhoods, communities, or families in ways that we didn’t think about.”

The plan has already been drastically watered down once, during the Murray administration—from a proposal that would have allowed duplexes and townhomes in the 65 percent of Seattle that is preserved exclusively for single-family houses, to the current version, which upzones just a sliver of that land and keeps the city’s single-family mandate intact. Any further backsliding on MHA will only hinder the city’s ability to create affordable housing for low-income residents, and ensure that more middle-income people are pushed out of the city simply

Affordability, City Council, Density, Development, Historic Preservation, housing, Morning Crank, Transportation

Afternoon Crank: Density Opponents Sharpen Their Pencils, City Seeks Consultant for Quick-Turnaround Showbox Review

1. As the city council begins what could—could—be the final round of discussions about the Mandatory Housing Affordability proposal (the plan, in the works for two years now, would upzone 6 percent of the city’s exclusive single-family areas and require developers to fund new affordable housing), density opponents are sharpening their pencils.

The Seattle Coalition for Affordability, Livability, and Equity (SCALE), which blocked the plan for a year with environmental appeals, produced a list of proposed amendments to the plan that would effectively gut the proposal, by forcing the city to charge developers to pay new “impact fees” to offset the perceived negative impacts of new housing, instituting minimum parking requirements for new developments, quadrupling the fees developers would pay toward affordable housing under the ordinance, and rolling back many of the zoning changes entirely.

The proposed amendments include things like increasing tree canopy requirements (thereby reducing development capacity) in low-income neighborhoods; changing the definition of “family-sized” housing to exclude two-bedroom apartments; requiring large open spaces or even yards for new multifamily developments; and reducing the MHA rezones to reflect the affordable housing targets in existing neighborhood plans, which did not contemplate the massive population growth nor the rise in inequality that Seattle has experienced over the last ten years.

SCALE’s Toby Thaler, who argued the group’s case against MHA before the city hearing examiner, did not respond to an email with questions about the document. While some of the amendments the group is proposing are obviously fanciful—no one is seriously talking, for example, about blowing up the “Grand Bargain” with developers by requiring them to fulfill 50 percent of their affordability requirements with on-site housing—they could serve as a kind of Overton window (or, if you prefer, opening gambit) for the upcoming discussion about neighborhood-specific changes to the plan, which begins next week.

Housing advocates will want to keep an eye out for what citywide and block-by-block changes council members (and Mayor Jenny Durkan) propose, and whether those changes track with the proposals put forward by SCALE. (The amendments aren’t available yet, but I’ll post about them as soon as they are.) Durkan has said in the past that she believes “neighborhoods” should have more input into the city’s development decisions; whether that means acceding to homeowner advocates’ demands during the final stretch of the MHA debate will become clear in the coming weeks.

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2. The city will spend $75,000 this year (of $100,000 allocated in last year’s budget) on a contractor who will advise the mayor and council on whether the Showbox should become a permanent part of the Pike Place Market Historical District. According to the scope of work for the contract, obtained through a public records request, the contractor will “Review the historic significance of the Showbox theater, study the relationship between the Showbox theater and the Pike Place Market, consider amendments to the PPMHD Design Guidelines related to the Showbox theater, draft legislation, conduct outreach to stakeholders, and conduct State Environmental Policy Act (SEPA) review on permanent expansion of the Historical District, as appropriate.” According to a spokeswoman with the city’s Department of Neighborhoods, DON has not chosen a consultant yet, but remains on the schedule outlined in the work plan.

The contractor will have to get all that work done quickly; the city’s schedule calls for any SEPA findings to be published in March, with all the work wrapping up in April, and a council vote to permanently expand the historical district in June. Two to three months is a remarkably short time frame for a single contractor to conduct a full public outreach process, do a thorough environmental review, and draft legislation for the council to consider and pass. To put this timeline in historical context, the Market Historical District has been expanded twice before: Once, in 1986, to include Victor Steinbrueck Park, and again in 1989, to add a parking garage and senior housing. Seattle Times archives show that the debate over the latter addition lasted more than three years, and archival records at the city clerk’s office show that the council was receiving letters on the draft legislation fully nine months before they adopted the expansion.

Under the city’s current schedule, the Showbox building would become a permanent part of Pike Place Market three months before a trial is scheduled to begin in a lawsuit the property owners filed against the city; that suit charges that the city violated the Appearance of Fairness Doctrine, which requires council members to remain neutral on so-called quasi-judicial decisions like historic district boundary expansions, as well as the owners’ First Amendment and due process rights.

The debate over the Showbox’s fate began when a developer, Vancouver-based Onni, filed plans to build a 44-story apartment building on the property, which the council had recently rezoned to allow just such a development. The Showbox itself is owned by Anschutz Entertainment Group, and is a tenant in the building, which is owned by strip club magnate Roger Forbes; AEG’s lease expires in 2021.

3. After pushback over the fact that its original “service area” was confined almost exclusively to  neighborhoods north of I-90 (including many north of the Ship Canal), Uber announced today that its JUMP bikes will be available in South and West Seattle. The company, which launched its bikesharing service in Seattle late last year, got some bad press last week when the Seattle Times reported that riders who left bikes outside the service area could be charged $25. (An Uber spokesman says the company has not imposed the fee on any riders.) Lime Bikes, Uber’s competitor, launched citywide in the summer of 2017.

The red outline on this map shows the new service area, which includes three of four “equity areas” (low-income communities and communities of color) designated by the city. The original, blue-outlined area included just one of the equity areas, which includes the Central District and a sliver of South Seattle that extends down to the Mount Baker light rail station.

This is hardly the first time a “sharing economy” company has decided to serve the wealthier, whiter areas of the city first. Six years ago, Car2Go launched with a service area that excluded the entire South End and West Seattle while serving areas as far north as Bitter Lake.

Cops, Crime, criminal justice, Density, Development, Environment, land use, Morning Crank, Urbanism, zoning

Morning Crank: Incongruous With Their Fundamental Mission

Image result for futurewise logo

1. For years, environmental advocates who support urban density as a tool against sprawl have grumbled about the fact that the anti-sprawl nonprofit Futurewise has two men on its board who make a living fighting against the foundational principles of the organization—attorneys Jeff Eustis and David Bricklin. Both men were ousted from the Futurewise board last month after the board voted to impose term limits on board members, who will be limited to no more than three successive terms from now on.

Both Eustis and Bricklin are crossways with Futurewise on a number of high-profile local issues, including the question of whether Seattle should allow more people to live in single-family areas, which occupy 75 percent of the city’s residential land but house a shrinking fraction of Seattle’s residents. Eustis is currently representing the Queen Anne Community Council, headed by longtime anti-density activist Marty Kaplan, in its efforts to stop new rules that would make it easier to build backyard cottages and basement apartments in single-family areas. Bricklin represents homeowner activists working to stop the city’s Mandatory Housing Affordability plan, which would allow townhouses and small apartment buildings in  7 percent of the city’s single-family areas.

To get a sense of how incongruous this work is with Futurewise’s primary mission, consider this: Futurewise is one of the lead organizations behind Seattle For Everyone, the pro-density, pro-MHA, pro-housing group. Bricklin co-wrote an op/ed in the Seattle Times denouncing MHA and calling it a “random” upzone that fails to take the concerns of single-family neighborhoods into account.

Bricklin’s firm also represents the Shorewood Neighborhood Preservation Coalition, a group of homeowners who have protested a plan by Mary’s Place to build housing for homeless families on Ambaum Blvd. in Burien on the grounds that dense housing (as opposed to the existing office buildings) is incompatible with their single-family neighborhood. The Burien City Council approved the upzone, 4-3, after a heated debate this past Monday night at which one council member, Nancy Tosta, suggested that instead of allowing homeless families to live on the site, the city should preserve it as office space, since “part of the way of dealing with homelessness is to have people make more money.”

Bricklin is still on the boards of Climate Solutions, the Washington Environmental Council, and Washington Conservation Voters.

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2. Seattle City Council members reached no resolution this week on a proposal from the mayor’s office to approve the city’s purchase of GrayKey, a technology that enables police to easily (and cheaply) unlock any cell phone and review its contents, including location data, without putting the technology through a privacy assessment under the city’s stringent surveillance ordinance. If the city determines that a technology is a form of surveillance, the city has to prepare a surveillance impact report that “include[s]  an in-depth review of privacy implications, especially relating to equity and community impact,” according to the ordinance. The process includes public meetings, review by a special advisory group, and approval by the council at a meeting open to the public. In contrast, technologies that intrude on privacy but aren’t considered surveillance only require a “privacy impact analysis” that is not subject to formal public process or council approval. Previous examples of technologies the city has deemed to be surveillance include license-plate readers (used to issue traffic tickets) and cameras at emergency scenes.

The city’s IT department, which answers to the mayor, determined that GrayKey is not a “surveillance technology” after the company submitted answers to a list of questions from the city suggesting that the technology would only be used if the Seattle Police Department obtained a warrant to search a person’s phone. In an email appended to that report, Seattle’s chief privacy officer, Ginger Armbruster, wrote, “If phones are acquired either under warrant or with suspect[‘]s knowledge then this is not surveillance by ordinance definition.” In other words, Armbruster is saying that as soon as SPD gets a warrant to break into someone’s phone and scrape their data, the surveillance rules, by definition, no longer apply.

ACLU Technology and Liberty Project Director Shankar Narayan disagrees with this interpretation, noting that the surveillance law doesn’t include any exemption for warrants. “The ordinance is about the entire question of whether it’s an appropriate technology for an agency to have, and encompasses a much broader set of concerns. If the warrant serves the same function as a surveillance ordinance”—that is, if anything the police do after they get a warrant is de facto not surveillance—”then why do we need a surveillance ordinance? The intent of the council was to put scrutiny on technologies that are invasive—as, clearly, a technology that allows police to open your cell phone and download data about the intimate details of your life is.” It’s the technology, in other words—not how the city claims it will be used—that matters.

The city’s initial privacy assessment is brief and unilluminating. GrayKey skipped many of the city’s questions, answered others with perfunctory, one-word answers, and followed up on many of the skipped questions with the same all-purpose sentence: “this solution is used for Police case forensic purposes only. ”

Proponents of GrayKey’s technology (and GrayKey itself) say that the police will limit its use to child sexual abuse cases—the kind of crimes that tend to silence concerns about privacy because of their sheer awfulness. Who could possibly object to breaking into the phones of child molesters? Or terrorists? Or murderers? As council member Bruce Harrell, who said he does not consider GrayKey a surveillance technology, put it Tuesday, “No one has a right to privacy when they are visiting child pornography sites.”

The problem is that in the absence of review under the surveillance ordinance, even if police claim they will only use GrayKey to investigate the worst kinds of crimes, there will be no way of knowing how they are actually using it. (Narayan says police departments frequently claim that they will only use surveillance technology to hunt down child molesters, or terrorists, to create political pressure to approve the technology or risk looking soft on crime.) The council can state its preference that the technology be limited to certain types of especially heinous crimes, but if the phone-cracking technology isn’t subject to the ordinance which allows the city council to place legally binding limits on the use of surveillance tools, the decision facing the city is essentially binary: Approve (and purchase) the technology and hope for the best, or don’t.

This is why privacy advocates consider it so important to look at surveillance technology thoroughly, and to give the public real opportunities to weigh in on granting the city sweeping authority to review people’s movements and access their data.  Harrell said Tuesday that he didn’t want to “jump every time the ACLU says [a technology] raises issues,” and that he was confident that additional review by the executive would resolve any questions the council might have. But, as council member Lisa Herbold pointed out, there’s no requirement that the mayor’s office present the results of any future internal privacy assessment to the council—they can run it through a privacy impact assessment, reach the same conclusions they’ve already reached, and post it on the website with all the others without any additional input from the council or the public. The only way to ensure that concerns are daylighted before the city buys this, or any other, technology that could invade people’s privacy is to determine that GrayKey is surveillance, and put it through the process. At the end of Tuesday’s meeting, the council’s governance, equity, and technology committee had made no decision on whether to subject GrayKey to additional scrutiny or wait to see what the mayor’s office does next. The city currently plans to purchase the phone-cracking technology sometime in the third quarter of next year.

Affordability, City Council, City Hall, Density, Development, housing, J Is for Judge, land use, Renters, Urbanism, zoning

The J is for Judge: The Most Contrarian Power Point in Seattle

Mild-mannered Office of Planning and Community Development senior planner Nick Welch doesn’t look like the kind of guy who would pick a fight. But if I was him, I would advise against bringing his recent PowerPoint presentation into a local bar.

Welch confined his presentation to the safety of city council chambers last week, where he ran his slide show in front of the Select Committee on Citywide Mandatory Housing Affordability. There were no fisticuffs, but the MHA presentation did draw scoffs from the neighborhood protectionists in the audience and a challenge from their council ally on the dais, West Seattle council member Lisa Herbold.

Particularly Slide No. 10, which is possibly the most contrarian slide ever presented in Seattle.

MHA is a holdover HALA housing plan from former Mayor Ed Murray that exchanges upzones for affordable housing; HALA is expected to produce 20,000 new housing units over the next  decade, including about 6,000 new affordable units from MHA (compared to just 205, if the city simply let the market status quo play out without MHA). With Murray long gone, the remaining piece of the plan—a narrow, stair-step upzone along the fringes of 27 single-family zones —is being shepherded through City Hall by council YIMBY Rob Johnson, whose term ends next year, and with strong support from first-year urbanist all-star, council member Teresa Mosqueda.

Slide #10 is a direct response to what Welch and other OPCD staffers have heard over and over in Seattle neighborhoods (where, in fact, Welch has been gathering input in countless MHA community forums over the last few years): New market-rate housing is a threat to overall housing affordability because it’s more expensive than existing options. It’s a seemingly intuitive take on gentrification that defines the local anti-development storyline and unites everyone from Magnolia First NIMBYs to social justice socialists, from dudes at the Wedgwood Broiler to queer working artists at Kremwerk.

The ubiquity of Seattle’s anecdotal anti-development refrain convinced OPCD to see if that narrative was actually true. So the department looked at the germane historical data—market-rate housing production between 2000 and 2015 in all of Seattle’s census tracts, overlaid with the change in low-income households in the same census tracts over the same period. The finding was definitive. The text to Slide #10 spelled it out for council members: “No correlation between market-rate housing growth and loss of low-income households.”

If anything, the trend line shows the exact opposite: Affordable housing stock increased as market rate housing production increased.

A potential criticism of Slide #10? It defined affordable housing as housing that people making less than 50 percent of the Seattle Area Median Income (AMI) can afford. Affordable housing advocates could certainly contend that people making 60, 70, and 80 percent of AMI are part of the working class too, and are losing ground as more market development comes on line to serve tech bros. But, voila: Slide #11.

This slide overlaid the same snapshots of affordable households  and market-rate housing production, this time defining affordable housing as housing affordable to people making up to 80 percent of AMI. The conclusion was the same. No correlation between new production and economic displacement.

The data didn’t lead OPCD to go as far as saying more market rate housing production actually led to the creation of more affordable housing, but they did present another contrarian slide illustrating their research on another bit of conventional wisdom—that the MHA upzones will lead to physical demolition of existing affordable housing at a rate that neutralizes any new affordable housing production from MHA. Again: Nope. Gaming out future physical displacement based on historic trends of production and teardowns, the data shows that teardowns remain roughly consistent whether the city enacts MHA or not. Without MHA, about 520 households would be  physically displaced by demolition, with no mandatory affordable housing to replace them. Under the city’s preferred MHA alternative, about 574 would be displaced—and those demolitions would be dwarfed by an estimated 5,633 new affordable units created under MHA.

One other bit of conventional wisdom that OPCD tried to fact-check is the notion that new development displaces people and businesses that share a common culture, a phenomenon known as cultural displacement. Perhaps even more than economic displacement, cultural displacement is at the emotional core of anger about gentrification. OPCD couldn’t confirm or disprove this observation. The data—the change in housing production overlaid on change in racial population—was all over the map. The population of some groups, including African-Americans, declined in some census tracts where market-rate housing increased and stayed put in tracts where market-rate housing increased.

Of course, one factor that could have mitigated displacement was missing from that historical data: MHA’s mandate that affordable housing be part of new development.

Affordability, Density, Development, Historic Preservation, housing, land use, Mayor Durkan, Morning Crank, neighborhoods

Morning Crank: Ruling Bolsters Housing Plan, Chides City for Failing to Do “Granular” Analysis Neighborhood Activists Demanded

1. Urbanists celebrated a ruling yesterday that could allow a long-delayed plan to increase density and fund affordable housing to move forward. The ruling by city hearing examiner Ryan Vancil, which mostly affirms that an environmental impact statement on the plan was adequate, came in response to a challenge by a group of homeowners, the Seattle Coalition for Affordability, Livability and Equity (SCALE), who have long opposed the plan. The plan, known as Mandatory Housing Affordability, would allow modest density increases in urban villages and urban centers, and would rezone six percent of the land current zoned exclusively for single-family houses—currently, two-thirds of the city’s land—to allow townhouses and small apartments. Developers who build under the new rules will have to include affordable housing in their buildings or pay into an affordable housing fund.

“This ruling is a step forward for more affordable housing in Seattle,” Durkan said in a statement. Meanwhile, Seattle for Everyone, the group that formed in 2015 to support then-mayor Ed Murray’s Housing Affordability and Livability Agenda, planned a celebration party and issued a statement, titled “Yay for MHA!” celebrating the ruling as “a win for affordable housing.”

We’ll see. Toby Thaler, the leader of the group that challenged the  Seattle Coalition for Affordability, Livability and Equity (SCALE), told the Seattle Times that he plans to keep fighting against the MHA legislation, although it was unclear in what venue (the courthouse or city council chambers) he intends to do so. (Thaler did not immediately return an email last night, but I will update this post if I hear back from him.) Meanwhile, the city will have to do more analysis of how allowing more density will impact designated city landmarks;  according to the ruling, the city failed to consider impacts on historic properties other than those on the National Register of Historic Places, which Vancil called inadequate.

“The more ‘granular’ level of analysis called for and debated at the hearing may have averted at least some of the deeply felt community concern expressed in nearly four weeks of hearing and in a hearing process that has taken the better part of a year.” — Seattle Hearing Examiner Ryan Vancil

Vancil’s ruling also chides the city for failing to include detailed, “granular” analysis of the impact the zoning changes would have on individual neighborhoods in the environmental impact statement, and suggested that including this kind of analysis could have forestalled the whole drawn-out appeal. “[I]t is certainly the case, at least in part, that the choice not to tell a more detailed story of the City’s neighborhoods contributed to why the City faced a very protracted appeal and hearing process from representatives in many of its neighborhoods,” Vancil writes. “While the level of analysis for most of the FEIS satisfies the rule of reason and requirements under SEPA, the more ‘granular’ level of analysis called for and debated at the hearing may have averted at least some of the deeply felt community concern expressed in nearly four weeks of hearing and in a hearing process that has taken the better part of a year.”

Whether you believe that a detailed neighborhood-by-neighborhood breakdown of the upzone’s impact would have made neighborhood opposition evaporate (dubious, given that challenging the EIS for a project is one of the most common obstructionist tactics in the Seattle neighborhood activist playbook), what’s undeniable is that while the upzones have been tied up in appeals, tens of millions of dollars’ worth of affordable housing—and hundreds of units of market-rate housing needed for the thousands of people moving to Seattle every year—remained unbuilt.

“Unfortunately …  this appeal has cost Seattle at least $87 million worth of affordable housing that we could have brought in during the year since the appeal was filed,” council member Rob Johnson, who has led the charge for MHA as head of the council’s land use committee, said in a statement. (Johnson asked for this analysis last month). “Had we been able to adopt MHA across the city without this delay, more neighborhoods would be receiving the investment in affordable housing they need, and more families in our city would have an affordable place to call home.”

2. On Tuesday, Queen Anne Community Council leader Marty Kaplan sent out a bombastic email blast (subject line: “Single-Family Rezone: Negotiation Rejected!”) announcing his intention to “proceed full-speed ahead in preparing and proving our case” against the city, in the ongoing battle over new rules that would make it easier for homeowners to build basement and backyard units on their property.

The “negotiation” Kaplan’s email refers to is apparently a meeting he had on Monday with council member Mike O’Brien, who led the charge to liberalize Seattle rules governing backyard and mother-in-law units, about a final environmental impact statement (FEIS) concluding that the proposal would not have a detrimental environmental impact on the city. was sufficient to allow the long-delayed rules to move forward. The new rules, which would allow homeowners to add up to one unit inside an existing house and one detached unit in the backyard, subject to existing height and lot coverage limits, would produce about 2,500 additional units of housing citywide.

“Unfortunately, I must inform you that CM O’Brien has closed the door to negotiating.,” Kaplan wrote. “He relat[ed] to me unequivocally that the EIS spoke to all his issues leaving no room to consider any compromise.  He remains firmly entrenched in every line-item of his legislation to eliminate every Seattle single-family neighborhood without considering any important neighborhood, property, infrastructure or economic differentiations.  One-size-fits-all!” 

“In addition,” Kaplan’s email continues, “he shared his confidence that every councilmember firmly supports him and his legislation.  He left no door open and even told me directly that there was no reason for us to withdraw our appeal – nothing would change!”

On Wednesday, O’Brien put up a blog post responding to Kaplan’s email. (The post appears to have since been taken down.) In the post, O’Brien wrote that during their conversation over the weekend, “I explained to Marty that while the legislation I plan to introduce was likely to reflect the Preferred Alternative in the EIS, I am open to changes to that legislation as we work through the legislative process.  Furthermore, even if I disagree with certain changes to the legislation, a majority of the Council, not me alone, make the decisions about what changes are acceptable.  …If Marty was asking me to cut a special, secret deal with him so that he would drop the lawsuit, I made it clear to him that I am completely opposed to that type of back room dealing.  … Despite what Marty claims in his email blasts, I explained the many doors that remain open throughout the upcoming process to influence the outcome of the legislation.”

The email concludes with “a quick note on the tenor of city politics that Marty is playing on in all of his communications,” which, O’Brien says, represented “our friendly conversation as a divisive fight.  Instead of communicating where we have common ground and where we differ, explaining the opportunities to influence the process and sharing my willingness to remain open to alternative approaches during the legislative process, Marty choose instead to double down on a mean-spirited and polarizing approach, representing the worst of our current tone in politics.  As a community, we must decide if we are going to let divisiveness prevail and be the new way we govern, or re-embrace what I have known my entire life in Seattle: a collaborative approach to policy making.” 

Kaplan responded more warmly to comments Mayor Jenny Durkan made about the proposal over the weekend, at a community meeting on Queen Anne. According to the  Queen Anne News, when a constituent asked what should happen with the appeal, Durkan said “she’d like to get all parties in a room to hash out a compromise” rather than moving forward with the “litigation” process. (Kaplan’s challenge is currently before the hearing examiner, but litigation is an option if the hearing examiner rejects his argument that the FEIS is inadequate). Durkan, according to the Queen Anne News, expressed concern at the meeting that loosening the rules too much could “fuel a more expensive Seattle by letting people speculate on that land.” That argument—that “developers” will snap up single-family houses and turn the land into triplexes—is belied not only by the FEIS, which concludes, again, that the changes would result in just 2,500 new units citywide, but by the economic logic of development. To wit: If you’re a developer (or, as Kaplan and the mayor suggest, a “speculator”), are you going to build a house with a basement apartment and a small backyard cottage in a single-family zone? Or a 20-unit apartment complex in a multifamily area?

Kaplan did not attend the meeting with Durkan, but says that from conversations with another community council member who was there, “the take-away was that she [opposes] what I have called a one-size-fits-all rezoning of single-family throughout the city.”

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City Hall, Density, Development, Drugs

Morning Crank: Toward a Redefinition of “Single-Family”

Council member Teresa Mosqueda released more details last week about her proposal to do a full race and social justice analysis of the city’s urban village strategy—a neighborhood planning framework that was adopted in collaboration with homeowner-dominated neighborhood groups in the 1990s, long before the city adopted its Race and Social Justice Initiative. The memo suggests that the city might move toward a “redefinition of ‘Single Family,’ that includes attached family-dwellings in areas that may not have frequent transit service, but have good transit service, and access to community assets within walking distance (such as parks, open spaces, and community centers) that are otherwise missing from many of the Urban Villages?”

Mosqueda’s memo notes that single-family zoning currently occupies 86 percent of the residential land in Seattle, but it hasn’t always been so. Prior to the 1930s, when the federal government officially encouraged the separation of multifamily and single-family housing through formal redlining, the city had two residential zoning designations—First Residence, which was single-family-only, and Second Residence, where multifamily housing of all kinds was allowed. Much of what is now single-family was in that second category.

The urban village strategy, adopted in the post-formal-redlining 1990s, concentrates development tightly around arterial streets, preserving the vast majority of the city’s land exclusively for detached single-family houses, a development pattern that has contributed to the city’s housing shortage and helped drive up housing prices to levels that are unaffordable to working- and middle-class people.

Mosqueda’s plan, if it’s allowed to play out, could point the way toward an alternate neighborhood-planning strategy that includes renters, low-income people, and people of color in decision-making—a strategy that would likely lead to more density in areas that have been walled off by existing neighborhood plans. Last week, council members (particularly budget committee chair Sally Bagshaw) raised questions about whether Mosqueda’s plan would duplicate work that has already been done and whether it impacts an ongiong legal challenge by a group of neighborhood activists seeking to invalidate the city’s mandatory housing affordability (MHA) policy, in part, on the grounds that the city didn’t do a race and social justice analysis of the impact of increased density. (More on why that challenge is disingenuous here.)

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In the  memo, Mosqueda’s staff quickly dispensed with the latter concern, noting that a racial equity analysis of existing neighborhood plans would have no bearing on whether one was done for MHA (and that it’s outside the scope of the state environmental policy act, which is the basis for SCALE’s challenge, anyway). In response to Bagshaw’s concern—that the analysis has essentially already been done—the memo notes that all the analysis the city has done of the impacts of housing policy on people of color and low-income people so far, including an oft-cited report by former council member Peter Steinbrueck, “appear[s] to start and end with the proposition that the [Urban Village Strategy] is the preferred growth strategy. None appear to actually question the efficacy of the current strategy [or include] an exploration of whether to engage in a new strategy.”

It’s far from clear that Mosqueda’s colleagues will consider this argument persuasive; last week, even Rob Johnson, who supports the idea of revisiting the urban village strategy in principle, suggested that the council might put it off until later in 2019.

The city continues its budget deliberations next week. Last week’s budget discussions  included a debate over Mayor Jenny Durkan’s proposal to use higher-than-expected revenues from the soda tax to cut general-fund spending on the education and food access programs the tax funds, rather than increasing funding for those programs; a discussion about the availability of enhanced shelter beds (almost nonexistent) and whether the mayor’s homelessness budget spends too much on back-office staff; and a proposal, from Mosqueda and Mike O’Brien, to increase pay for all human service providers that contract with the city by 3.5 percent. Durkan’s budget would increase the pay of front-line workers who provide services to Seattle’s homeless population by just 2 percent, and would only benefit those whose jobs are funded through the city’s general fund; increasing and expanding that wage hike would cost just shy of $6 million a year.

The council also talked about the seemingly moribund proposal—recommended unanimously by the county’s opiate task force in 2016—to open a supervised drug consumption site somewhere in the county. Durkan’s budget carries over $1.3 million for a site from the 2017 budget, but doesn’t actually propose spending the money. Durkan, a council staffer told council members last week, “has indicted that opening a [safe consumption site], either leasing or acquiring property, is unlikely is because of the expense and for this reason they have pivoted to a so called fixed mobile site”—i.e., a van. The city is looking at a variety of models for this theoretical site, ranging from a site that does not offer medically assisted treatment (AKA prescriptions for suboxone, an opiate drug that reduces cravings for more dangerous and addictive opiates) and is open only during 9-5 business hours, to a 70-hour-a-week model that does include MAT. “People struggling with addiction aren’t doing it within the course of a 40-hour work week,” Johnson noted.