Tag: development

Morning Crank: “Poor People Are People”

KIRO’s Jason Rantz was there, too.

1. A sharply divided standing-room-only crowd gathered last Thursday at 415 Westlake—an airy South Lake Union events center that ordinarily hosts weddings, fundraisers, and bat mitzvahs—and both sides came ready to shout. About 200 people (including former Republican gubernatorial candidate Bill Bryant) crammed into the space, many of them jostling for standing room in the back, to hear a presentation on a proposed “tiny house village” in South Lake Union and register their support or protest. Representatives from a new group called Unified Seattle handed out fact sheets and glossy campaign-style signs to fellow tiny-house opponents in the audience—a stark contrast to the hand-drawn, crayon-colored reading “We Welcome Our New Neighbors” that supporters of another tiny house village, at 18th and Yesler, held aloft at a similar meeting last month.  Unified Seattle—a group that, according to its website, includes Safe Seattle and the Neighborhood Safety Alliance and until last week also listed Speak Out Seattle among its backers—purchased Facebook ads to encourage people to show up at the meeting. “The City Council is trying to put a new shack encampment in our neighborhood. Join us to tell them NO!” the event page urged.

The “village”—a collection of garden-shed-like temporary housing units that will occupy a city-owned lot on 8th Avenue North and Aloha Street that was previously used as a parking lot—is the subject of a lawsuit by the Freedom Foundation, a statewide group that is best known for trying to thwart the Service Employees International Union from organizing home health care workers; according to the Seattle Times, the suit contends that the city did not adequately inform the community of the proposal, did not do a required environmental review, and has exceeded the maximum number of tiny house villages allowed under city law. The opening date for the encampment, (originally scheduled for July, then quietly bumped to November in the latest version of Mayor Jenny Durkan’s “bridge housing” plan) could end up getting pushed back even further.

As of January 2018, there were at least 4,488 people living unsheltered in Seattle; All Home King County acknowledges that this is an undercount, and that the total number is in reality higher.

Opponents of the tiny house village, which would be run by the Low-Income Housing Institute and would provide temporary shelter to about 65 people, focused on the fact that the encampment will not be an explicitly clean and sober environment; although drugs and alcohol will be prohibited in all common areas (and smoking prohibited throughout the site), LIHI will not go into people’s individual sheds and search for contraband, which means, in practice, that people can drink and use drugs in the houses. When Seattle homelessness strategy division director Tiffany Washington noted that this is precisely the city’s policy for dealing with people who live in regular homes (“If I’m using drugs in my house, how will you know?”)—opponents in the crowd erupted in shouts and boos. “The taxpayers don’t pay for your house!” someone yelled. “I provide my kids with rules,” a speaker said moments later, adding that if he thought they were up to no good, “I might search the room.” That prompted another shout from the back: “They’re not kids!”

Elisabeth James, one of the leaders of Speak Out Seattle, suggested that the city would be foolish to give up the revenue it receives from the parking lot where the village would be located. “I look at this parking lot that generates over a million dollars a year, then we’re going to give up that and pay to house people on a parking lot? That seems like a waste of money to me,” she said. Brandishing a four-page, folded color flyer that LIHI handed out at the meeting, James continued, “I look at this fancy folder that you guys have and I think this is a waste of money! And this is one of the reasons that the neighbors are so upset and frustrated.”

Another neighbor, condo owner and retired police officer Greg Williams, suggested that instead of allowing “the ‘homeless,’ as you call them” to live on the site and “destroy it,” they should be required to provide free labor as payment. “They can give us four hours a day. They can clean. They can do something for us to offset” what they cost the community Williams said. “We don’t live free. Why should they live free? If they want to do something, get that experience of a job. Get that experience having to be somewhere on time every day.” According to an annual survey commissioned by All Home King County, 20 percent of King County’s homeless residents have jobs; 25 percent cited job loss as the primary reason they became homeless; and 45 percent were actively looking for work.

Many people wanted to know whether LIHI or the city would be doing “background checks” on the people who want to live in the village, either to see whether they have active warrants inside or outside Washington State, or to determine whether they are local residents, as a way of weeding out homeless people who aren’t “from here.” The short answer to each question is that the city won’t exclude anyone, except registered sex offenders, from shelter because of their criminal history, and they can’t exclude people based on where they came from, because that would be housing discrimination. The longer answer is that homeless people frequently have criminal records because of minor, nonviolent offenses, either because they committed low-level crimes like shoplifting or because they violated laws against loitering, lying down, sleeping, urinating, or having an open container in public. (Open containers are illegal for everybody, but homeless people are uniquely unable to drink, or perform many other activities housed people take for granted anywhere but in public.) Basically any activity that housed people do in the privacy of their own homes becomes illegal when you do it in public; denying shelter to every homeless person who has been caught doing one of these things and locking them in jail instead would be a logistical and civil-rights nightmare, not to mention a tremendous burden on public resources.

Amid all the opposition, several people spoke up in favor of LIHI’s plan. They included Kim Sherman, a Beacon Hill resident who hosts a formerly homeless man in a backyard guest house through a program called the BLOCK Project; Mike McQuaid, a member of the South Lake Union Community Council; and Sue Hodes, a longtime activist who worked on the pro-head tax “decline to sign” effort. Hodes made an impassioned plea for the people who opposed the encampment to recognize that “poor people are people” but got shouted down when she pointed out  that opponents of stopgap survival measures like tiny house villages and encampments are “mostly white, mostly middle-class.” “She’s saying nasty things! She’s attacking us!” members of the mostly white, mostly middle-class audience shouted.

Image via Fourth and Madison Building, fourthandmadison.com

2. The city’s Office of Planning and Community Development is proposing changes to the existing incentive zoning program for commercial properties, which allows developers to build taller and denser in exchange for building or funding affordable child care and housing. OCPD strategic advisor Brennon Staley presented the proposed changes, which are aimed at making the city’s various incentive zoning programs more consistent and easier to use, to the Seattle Planning Commission last Thursday.

Although most of the changes won’t have an immediate, dramatic impact on the street level in places like downtown, South Lake Union, and the University District (making it easier for developers to preserve historic buildings and affordable housing through transfers of development rights, for example, will have the result of keeping the streetscape the same), one change that could make a visible impact is the proposed update to the city’s privately owned public space (POPS) program. POPS, which developers are required to provide as part of any new development, are often hard to find, hostile to the general public, and inaccessible outside business hours. (The quintessential example is the 7th-floor plaza at the Fourth and Madison Building, accessible only from inside the building and marked only by a small sign  at the building’s base. Thank former city council member Nick Licata for that modest marker!)

The proposed changes would provide more flexibility for developers to build smaller, more flexible open spaces, allow cafes, movable seating, and games to help “activate” smaller public spaces, and require that all privately owned public spaces be open between 6am and 10pm, the same hours as public parks. One commissioner, Amy Shumann, suggested that OCPD require larger signs than the small, green-and-white markers that currently point pedestrians to these spaces; another, David Goldberg, asked whether developers might be able to pay a fee instead of providing open space on site, an idea Staley shot down by pointing out that when the city has tried to do this kind of program in the past, they’ve ended up having to give the money back because they haven’t been able to collect enough money to build the spaces elsewhere.

Supporters Outnumber Naysayers as Backyard Apartments Move Closer to Reality

A couple of weeks ago, I schlepped up to the Queen Anne public library to watch a presentation by Marty Kaplan, the architect and homeowner who sued the city to stall a proposal that will make it easier for homeowners to build backyard cottages and basement apartments on their property. Kaplan’s lawsuit effectively forced the city to do a full environmental review, or Environmental Impact Statement (EIS), on the policy—a review that concluded that not only do garage apartments not harm the environment, they provide significant benefits, such as reducing the number of single-family homes that are torn down and redeveloped as McMansions and improving equity in neighborhoods that were originally designed to keep poor people of color out.

The “full build-out” scenario, included in the EIS for illustrative purposes only, shows massive single-family houses on every lot, an outcome that is already allowed under current rules.

Kaplan’s presentation, delivered to several dozen members of the Queen Anne and Magnolia Community Councils, was ostensibly about the results of that review, but anyone who actually read or even skimmed the 364-page document would be understandably confused by his interpretation of the report. The city’s preferred alternative, Kaplan claimed, would lead to the development of “three houses on every lot,” with “12 [unrelated] people on every lot. … If you’ve got a big family, 20 people could live there, I guess.” And without rules requiring homeowners to provide parking for all those new tenants, Kaplan continued, “if there’s 12 people living on site and ten of them own cars, then they’re going to park them in the neighborhood,” contributing to an already untenable parking situation in neighborhoods like Queen Anne. (As he said this, I thought of the four parking spots directly in front of the library that I had walked past on my way into the meeting.) In the background, as Kaplan spoke, was a slide of the city’s theoretical “full build-out” scenario (above), which Kaplan characterized as what the city hopes will happen within the next few years. Moreover, Kaplan said, backyard units would never be affordable to regular people: “It’s proved that in order to build a unit, you’re going to spend $300,000,” he said. “You’re not going to rent that out for $80 a month.” (Fact checks on all of those claims below.)

The preferred alternative, Alternative 2 in the EIS, shows the actual anticipated development pattern after 10 years under the new rules.

It was refreshing, then, to go to a well-attended public meeting at city hall a few days later—a meeting that Kaplan had told his neighbors would be “basically Madison Avenue coming in and telling you what you should like”—and see that the proponents of the long-delayed proposal outnumbered the naysayers by a factor of about 15 to 1. (Maybe the housing opponents were put off when Kaplan told them it wouldn’t make any difference if they showed up?) Tech workers in their 20s talked about their desire to share the city with people who didn’t have the good fortune to work in industries that pay six-figure starting salaries; homeowners talked about wanting to build backyard apartments so that they could share the city with new neighbors; and environmental advocates talked about density as an important solution to the climate crisis. Several people said they hoped the city would go even further than the preferred alternative and allow three accessory units per property—two inside the main house, and one in the backyard.

But my favorite comment of the night came from Zach Shaner, a renter who lives on Beacon Hill. Shaner (whose name you may recognize because he used to write for Seattle Transit Blog) started off by noting that in the time the city has been working on the EIS, the cost of a median home in Seattle has risen from $591,000 to more than $725,000. “This political process is not morally neutral,” Shaner said. “While we’ve talked and studied and dithered, owning a home has gotten $131,000 harder. In the meantime, my family has given up on owning a home in Seattle.” Shaner and his wife would like to help their friends build an extra unit on their property, he continued, but the current rules make it illegal for them to do so. “I really dream of the day that we have painstaking processes to stop housing rather than to permit it, but in the meantime this is a small but substantive step in the right direction.”

Now for that fact check: In reality, the preferred alternative would increase the number of unrelated people who can live on a lot from the eight allowed under existing rules to 12, and would allow homeowners to build one backyard cottage and retrofit their basement into a living space. The maximum number of buildings on a single lot, in other words, would be two—and any new construction would still be subject to the same rules that limit the amount of lot coverage on single-family land today. The “full build-out” scenario, which Kaplan portrayed as the city’s desired outcome, is clearly captioned, “The Full Build-Out Scenario is included for illustrative purposes only and is not an expected outcome of any alternative analyzed in the EIS.” And it actually looks overbuilt not because of backyard cottages, which are the small red boxes in the image above, but because of all the enormous single-family houses that are technically legal now but have not been built because most homeowners would rather live in charming homes with backyards than cover their lots with eight-bedroom megamansions. The city’s parking study concluded that “each additional ADU would generate between 1 and 1.3 additional vehicles using on-street parking,” not 10. And although higher-cost garage apartments can certainly cost well over $300,000 to build,  many cost substantially less; and it would require a breathtaking ignorance of the current rental market to actually believe that you could rent so much as a bean bag in the corner of an unfinished basement in Seattle for $80 a month.

Support

Is It Time for Mixed Industrial-Housing Zones?

 

The Fair-Haired Dumbbell building, on Portland’s Central Eastside.

The full version of this story is available at Sightline

Seattle’s Interbay industrial district is a landscape dominated by warehouses, small manufacturing plants, and parking lots, with hardly a sidewalk to be found. Unlike other former manufacturing districts in Cascadia’s first city, like Amazon-occupied South Lake Union, Interbay has very few buildings that would qualify as “mixed-use,” and that’s by design; for decades, the district, like Seattle’s other industrial areas, has been “preserved” by zoning that prohibits most non-industrial uses, including office space, large retail stores, and housing.

In recent years, though, the city’s housing shortage has led developers to take a new look at the city’s previously sacrosanct industrial areas and ask: Why couldn’t people live here? Jeff Thompson, president of the Freehold Group, owns several properties in the area. A couple of years ago, he did some back-of-the-envelope math and discovered that by taking just five percent of the city’s vacant industrial land—about 28 acres—and rezoning it to allow six-story buildings, the city could accommodate 6,800 new apartments, without touching Seattle’s famously development-averse single-family neighborhoods. It’s a possibility relevant not only in Seattle but across Cascadia and beyond, everywhere housing shortages are escalating rents and pinching off opportunity for urbanites.

“Most of our industrial areas are derelict—full of potholes, with streets that were never meant to be places for people,” Thompson says.

Developers could improve those areas, adding sidewalks and paving crumbling streets themselves at a lower cost (and a lower lifespan) than expensive, heavy-duty reinforced concrete pavement typically found in industrial areas. In exchange, they would be allowed to build housing for some of the thousands of people who continue to pour in to Seattle every year—more than 100,000 of them between 2010 and 2017 alone.

Yes, those new residents might find themselves living next to warehouses where trucks go in and out day and night. Yes, they may have to get used to the sound of railroad traffic. But how is that different, Thompson asks, than living in the middle of any big city?

“You can go to Brooklyn or Chicago and find an apartment next to an elevated rail line,” Thompson says. “Is it inhumane of us to provide housing like that?”

Like Seattle’s evolution from sleepy outpost to big city, the definition of “industrial” has been quietly changing for at least the past several decades. Instead of factories spewing toxic fumes and “enormous vats of splashing and spluttering metal,” Thompson says, the term now encompasses firms that make software that enables customers to make their own robots at home, or labs where food production companies test new products. Or companies like Interbay’s Thermetrics, which makes mannequins that measure how fast an air conditioner cools down a car, or how effectively a sleeping bag retains a person’s body heat.

The idea that people might choose to live in an industrial area is no longer revolutionary. At the TAXI development in Denver’s River North industrial area, a company that manufactures boots for snowboards sits cheek to jowl with an outpost of the international advertising firm Saatchi and Saatchi. The firm is just downstairs from 48 units of housing, which overlook a pool built from recycled shipping containers that offers a view of an active railroad line. Also on site: Business incubators, a pot shop, design and architecture studios, and several software firms. Several nearby developments follow a similar mixed industrial-housing model, and developers have proposed hundreds of units of affordable housing as part of a future project in the area.

The success of the TAXI project, Thompson says, proves that industrial areas are compatible with housing. “It’s an industrial area, and it is a popular, cool place to be,” Thompson says. “People may say, ‘No one will want to live [in an industrial area]—well, they do want to live there.”

Read the rest of the story at Sightline.org.

Morning Crank: Resolutely Pro-Housing

1. Queen Anne homeowner and anti-housing activist Marty Kaplan, who scored a victory in his fight against backyard cottages and mother-in-law apartments in 2016 when a city hearing examiner ruled that the city must do a full environmental impact statement on new rules that would make it easier for homeowners to build secondary units on their properties, is taking his show on the road.

Specifically, Kaplan is going to Bellingham, where he’ll share his experiences “fighting city hall” with the Bellingham Neighborhood Coalition, a group that says it’s fighting “over-densification, parking [problems], congestion, tree canopy loss, noise, and removal of open space” in the small town. As in Seattle, it’s hard to see how allowing homeowners to convert their basements into apartments or build backyard mini-cottages will lead to any of those things (unless we’re now referring to private backyards as “open space”?), but as in Seattle, Bellingham’s homeowner activists appear to be for property rights except for property owners who want to share their property with renters. At any rate, they seem to have adopted some very familiar (and Seattle-specific) rhetoric: The meeting notice suggests that a proposal to allow backyard cottages will lead to “Bellingham being ‘Ballardized’ as city leaders legalize the bulldozing of historic housing stock to be replaced by duplexes, tri-plexes, four-plexes, townhomes, and apartments.”

2. This happened a couple of weeks ago, while I was out of town, but I wanted to highlight it here: Dupre + Scott, the real-estate research firm that since 1979 has been the local source for information about trends in apartment development, sales, rents, and vacancy rates in the Seattle area, announced in late December that they were shutting down at the end of the year. Patty Dupré and Mike Scott, who are married, made the announcement on the Dupré + Scott website on December 27. The closure will leave the city without a critical source of information and analysis about what’s going on in Seattle’s rental market, an especially troubling loss at a time when renters are poised to outnumber homeowners in the city and when rents continue to rise in response to an ongoing housing shortage in the city.

Plus, I’ll miss the hell out of their goofy videos. The latest, and last:

3. Last night, I attended back-to-back public hearings on two proposed developments, both of which could help address Seattle’s housing shortage, albeit in very different ways.

The first meeting was a special review board discussion of a proposed high-rise condo building in Japantown (part of the Chinatown International District), which would be built what is currently a surface parking lot at the intersection of Fifth Avenue S and Main Street. The project, which has to go through a special design review process because of its location in the historic CID, is, predictably, controversial.

Opponents have argued that the 17-story glass-and-steel tower, called Koda Condos, is out of character with the surrounding neighborhood and will contribute to the gentrification of the area. While the building, which is definitely tall and definitely modern, doesn’t look much like the two- and three-story brick-clad, tile-roofed buildings that dominate in the neighborhood, neither did the surface parking lot it will replace. Marlon Herrera, a member of the city’s parks commission, said the building will contribute to the “repeated bastardization of this community” and that the developer’s plan to include “privately owned public space” in the project “is a sham. Only rich white yuppies drinking lattes will be allowed to use this space and everybody else will be forced out by security,” Herrera said. The review board will hold at least one more meeting before deciding whether to permit the project.

The building would add more than 200 new condos to the downtown area, and is one of a small handful of condo projects currently underway in Seattle, where for years developers have focused almost exclusively on new apartment buildings.  Developers tend to favor apartments over condos because the state subjects condos to higher quality assurance standards than any other type of housing in Washington state, making rental units a safer bet.  Although condos don’t generally constitute affordable housing, they are still cheaper than single-family houses—about one-third cheaper, according to Sightline—making them a viable homeownership option for people who can’t afford the median $725,000 house in Seattle. The Koda condos will start in the mid-$300,000 range, according to the developer’s website—if the city allows them to be built.

The second meeting last night, of course, was a public hearing on a planned development on long-vacant Army surplus land at Fort Lawton, in Magnolia next to Discovery Park. Opponents say the proposal, which would include between 75 and 100 units of affordable rental housing, 85 supportive housing units for seniors, and up to 50 affordable houses for purchase, is too dense for a part of the city that several speakers described as “isolated” and “remote.” (Notably, some of the speakers who disparaged the area as an unlivable wasteland lacking bus service, shops, grocery stores, sidewalks, and other basic amenities  live in the area themselves and somehow manage.)

One speaker, Aden Nardone with SOS Seattle, said building housing at Fort Lawton would be tantamount to putting low-income people “in internment camps”; others suggested that nothing should be built at Fort Lawton until there was enough infrastructure (sidewalks, bus routes, retail stores, groceries, sewer lines, etc.) to support it.

I wondered on Twitter what the speakers claiming to support “infrastructure” at Fort Lawton would say if the city actually did divert its limited resources toward funding infrastructure to an uninhabited area, rather than the many neighborhoods that are always complaining they don’t have frequent bus service or sidewalks. And:

A big crowd in the back, which dissipated a little more than an hour into the meeting, seemed to be the source of most of the night’s heckling. People in the back booed a woman who was talking about how affordable housing reflects Seattle’s values as a welcoming city for all people, and repeatedly shouted that people who own homes in Magnolia were somehow being prevented from speaking. For example:

For the most part, though, the speakers at last night’s meeting were resolutely pro-housing, a welcome change from many meetings about homelessness and affordable housing, including several at the same venue (the Magnolia United Church of Christ), that have been dominated by anti-housing activists. A majority of those who spoke, including many who identified themselves as homeowners in Magnolia, renters in Magnolia, people who were born and raised in Magnolia, and people who were priced out of Magnolia, supported the proposal. And some people with actual experience living in affordable housing spoke up about the stability it brought to their lives  as children:

To read all my tweets from last night’s meeting, check out my Twitter feed.

 

Why “I See Lots of Apartments Going Up” Is Not an Argument Against Building More

Last week on KUOW, former Seattle Times editorial board member Joni Balter took issue with my statement that the reason apartments are so expensive in Seattle is that we simply aren’t building enough of them. “I don’t know, have you been to Ballard lately?” she asked (rhetorically, I think, although the answer is yes I have.) I managed to get out the words, “But the numbers don’t support that. Numbers-wise, we aren’t—” before she interrupted me and directed a question to the other guest: “So here’s a question for you, Tim Burgess…”

That’s cool. I get that the only real response to facts that defy arguments based specious anecdata is to deflect or change the subject, and I’m used to people doing it. “But I know someone who…” is basically always the first response any time I bring up an economic or land-use fact that defies the wisdom of the anecdote. So here’s my response to Joni Balter’s claim that we’re building more than enough housing for everyone who’s moving here, based not on that one time I went to Ballard and barely recognized it anymore, but on numbers.

According to new-ID statistics from the state Department of Licensing, which is a fairly accurate proxy for the in-migration (it fails to count people who don’t update their IDs, like students and short-term residents, so it’s a lowball, which is fine for our purposes), 60,527 people moved into King County from elsewhere (out of county or out of state) in the first ten months of 2017. Taking the monthly average (which varies widely and does not depend strictly on season) and assuming growth of 6,053 people a month for November and December, we arrive at total in-migration to King County of 72,632 people in 2017.

Now let’s look at apartment growth. According to a recent analysis by the Seattle Times, the city is on pace to add a record number of units this year—nearly 9,900 of those in Seattle alone. Overall, King County as a whole is on pace to add just over 10,600 units. Next year, that record pace is expected to continue, with apartment forecasting firm Dupre + Scott, the source for the Times’ information, predicting that more than 12,500 units will open in Seattle.

 

Notice a difference between those “record” numbers of units opening up and the number of people moving here? Me too. It’s a ratio of about 1 to 7.

I’ve been listening to a great podcast series about the rise of the flat-earth movement—people who literally believe that the earth is shaped like a pizza, with walls around the edges so we don’t fall off. The specifics vary—some flat-earthers think the sky is just a giant dome built by the government, others believe that there is no such thing as “space” and we only think there is because of implanted memories. But all have one thing in common: They rely on an absolute belief in what you can perceive with your senses. Plainly, the horizon is flat because that’s how it looks. Clearly, the earth isn’t spinning because we aren’t dizzy.

Obviously, we’re building more than enough apartments because just look at all that construction.

Except that we aren’t. And the longer we make decisions based on people’s gut feelings about how the way things look, the more inadequate our response to the housing shortage will be.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

As City Moves Forward With Modest Upzones, Single-Family Housing Advocates Lawyer Up

Mayor Tim Burgess released the final environmental impact statement for what will likely be the most controversial set of upzones required to implement HALA yesterday.  The proposal, known as the Mandatory Housing Affordability plan, will increase allowable building heights in urban villages, multifamily zones, and commercial areas across the city, including modest upzones to just six percent of the city’s single-family land. The remaining 94 percent, which represents more than 60 percent of the city’s residentially zoned land, will still be preserved exclusively for detached single-family houses). In exchange for increased building heights, developers will have to make between 5 and 11 percent of their units affordable to people of modest means, or pay the equivalent (between $5 and $32.75 per square foot) into a fund that will finance housing construction elsewhere. City staffers say they expect about half of developers will decide to build on site and half will pay into the fund; however, this estimate is based not on empirical data (there isn’t any) but on the fact that the city tried to make the cost of building and the cost of paying the fee roughly equivalent. [*See wonky footnote for more on how this 50-50 split came to pass.]

 

To single-family preservationists, the new rules represent an unprecedented incursion on their right to own property without having to live in close proximity to (and share scarce on-street parking space with) renters who may be younger and lower-income.

 

The MHA proposal splits the baby between two earlier alternatives—one that would spread new density evenly between all parts of the city and one that would limit housing production in areas the city considers at “high risk of displacement” with “low access to economic opportunity,” like Rainier Beach and South Park. To housing advocates, this is maddening—by artificially restricting housing development in the places where demand and the risk of economic displacement is highest, the rules practically ensure that more low-income people will be forced out of those areas. To single-family preservationists, the new rules represent an unprecedented incursion on their right to own property without having to live in close proximity to (and share scarce on-street parking space with) renters who may be younger and lower-income.

 

The city has built some cushion into its timeline for the inevitable lawsuits. Residents and groups that oppose the upzones have until the Monday after Thanksgiving to appeal the FEIS, and neighborhood groups are already lawyering up; last month, the West Seattle Junction Neighborhood Organization (JuNO), the Seattle Displacement Coalition, and Seattle Fair Growth distributed a call for neighborhood groups to sign on to their planned lawsuit against the proposal, and neighborhood groups in Wallingford and Miller/Madison Park have also expressed strong opposition to the proposal. Any appeal would go to the city’s hearing examiner (who has already ruled in favor of single-family preservationists in another case involving backyard cottages); that process generally takes about six months, although a successful appeal could require the city to make changes to the plan and prepare a supplemental EIS, which would take longer. After the city council actually passes the legislation, opponents will have another opportunity to challenge the law, by taking the city to King County Superior Court.

City staffers and officials stuck by their timeline yesterday. Council member Rob Johnson, chair of the council’s land use committee, said the council “can do all the work that is necessary to get the bill ready for a vote while litigation is occurring—we just can’t take action. If we’re still under litigation this time next year, we just won’t be able to vote.”

The plan also includes new tree planting requirements, mandatory setbacks for buildings over a certain size, rules designed to discourage development near freeways, and new standards designed to encourage food-production businesses near the Rainier Beach light rail station, where development has been slow to follow light rail.

Read the EIS for yourself here, or check out the interactive map to see what the city has planned for your neighborhood.

* Wonky footnote, as promised: This is a change, though a subtle one, from the preliminary discussions that led to HALA; originally, during discussions of the voluntary “incentive zoning”  proposal in South Lake Union, council members proposed making the so-called “fee in lieu” more costly than actual construction, to encourage developers to build on site. By abandoning this plan to make the fee roughly equivalent to the cost of building, the city has eliminated the incentive for developers to build, which could push affordable housing away from the most desirable parts of the city. The MHA plan has provisions to mitigate this effect—by “distribut[ing] affordable housing units generated by in lieu MHA payments, and which will be developed by or for the City’s Office of Housing (OH), in locations proportionate to the area’s share of anticipated citywide residential growth”—but acknowledges that the city rejected the notion of encouraging affordable housing development generated by the fees in any particular area as “extremely speculative,” given that the city can’t predict where land will actually become available. The bottom line is that under the proposal, developers can pay fees to build housing in other neighborhoods, and the city has no real ability to require affordable housing in high-end neighborhoods like Wallingford or South Lake Union. A higher fee-in-lieu might have accomplished this.

Here’s how the city expects the distribution of housing generated by the fees to shake out:

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.