Tag: frequent transit service

New State Housing Laws Could Mean Big Changes for Seattle

Under the new law, the area within a quarter mile of frequent transit, like light rail, can have up to six units per residential lot. Photo by Brett V, via Wikimedia Commons

By Ryan Packer

House Bill 1110, which allows new multifamily housing near transit stops, will impact residential neighborhoods in cities of all sizes across Washington state.

But some of the biggest changes will be in Seattle. The legislation, which passed last week, ties density to public transit infrastructure, allowing significantly more density—up to six units per lot—in areas near frequent transit stops.

The bill requires larger cities, including Seattle, to allow four residential units on every lot, and to allow six units on lots within a quarter-mile walking distance of bus rapid transit, light rail, and streetcar stops.

That means that in significant segments of Queen Anne, Madrona, Wallingford, and Mount Baker, where property owners are currently limited to building two accessory dwelling units—like a basement apartment and a backyard cottage—courtyard apartments, six-unit apartment buildings, and townhouses will now be legal.

Seattle’s lobbyists quietly worked to support bills like HB 1110 throughout the session, while trying to make sure they wouldn’t interfere with the city’s own density laws, such as Mandatory Housing Affordability; MHA requires developers to provide affordable housing or contribute to an affordable housing fee when building in the cities’ designated “urban villages.”

“It’s still Seattle and there’s still a process that we still have to go through, but I do think by having these frameworks in place now, it’s going to be able to help accelerate some of the development that we need, and have needed for a long time.”—Sen. Joe Nguyen (D-34)

“I think it’s going to have a huge impact on Seattle,” Senator Joe Nguyen (D-34), whose district includes Pioneer Square, West Seattle, and Burien, said.

“Obviously, I don’t think it will be perfect, because it’s still Seattle and there’s still a process that we still have to go through, but I do think by having these frameworks in place now, it’s going to be able to help accelerate some of the development that we need, and have needed for a long time,” he said.

The legislature also made some significant changes to how the State Environmental Policy Act (SEPA) affects individual housing projects. Currently, as part of the official SEPA review process, anyone can appeal a proposed housing project over its potential impacts, such as loss of views, increased noise, or traffic. These delays can add months or years to project timelines, even if they’re ultimately dismissed. A group called Save Madison Valley, for example, appealed a proposed mixed housing and retail development featuring a PCC in both 2018 and 2020, delaying the project.

Senate Bill 5412, sponsored by Senator Jesse Salomon (D-32, Shoreline), will limit those appeals. Under the adopted bill, if a proposed housing project complies with a city’s existing comprehensive plan, it will be categorically exempt from SEPA review, eliminating the lengthy appeal process that’s now common for developments that are controversial for reasons that have nothing to do with local environmental law.

The final version of the bill includes a provision that allows projects in Seattle to take advantage of it before other cities in Washington.

“A lot of the costs that are associated with delay and with litigation get passed on in the high cost of housing,” Councilmember Andrew Lewis, who represents downtown, Queen Anne, and Magnolia, said. “Ultimately as consumers we pay for all the lawyers that interject into these processes along the way.”

“We can legalize increased density, but it’s not going to come very quickly if you keep in place a lot of the tactics and methods that people use to slow it down or to whittle the ambition of the projects down,” he said.

“The debate [now] really is about how we can be thinking about new nodes of development, or new corridors where denser development will happen. How are we thinking about integrating things like corner stores, or other basic or essential services, into those neighborhoods?”—Futurewise Executive Director Alex Brennan

Lewis says intense environmental review of dense housing in the middle of cities is counterproductive and notes that dense housing provides an environmental benefit in its own right. “In the aggregate, it has a colossal environmental benefit. If we are unable to build a significant amount of new housing units in the City of Seattle, in an efficient amount of time, we’re just going to have compounding challenges relating to climate.”

A spokesman for the Seattle Department of Construction and Inspections said it was too early to say how the new batch of housing legislation would impact SDCI’s work.

The collective impact of changes to statewide zoning will impact Seattle’s comprehensive plan update, due in 2024, as city planners grapple with how to accommodate at least 112,000 new units of housing—Seattle’s share of King County’s growth target—over the next two decades. The zoning provisions in HB 1110 automatically take effect six months after that update to the comprehensive plan.

Alex Brennan, the director of Futurewise, a statewide smart growth advocacy group, says allowing four housing units per lot increases Seattle’s options for future growth. “We don’t have to fight for that baseline anymore,” he said. “So, the debate really is about how we can be thinking about new nodes of development, or new corridors where denser development will happen. How are we thinking about integrating things like corner stores, or other basic or essential services, into those neighborhoods?”

Morning Crank: A Proposal to Bar Renters from Parking on City Streets

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1. This morning at 9:30, the council’s Planning, Land Use, and Zoning (PLUZ) committee will hold a public hearing on a proposal that would reform parking requirements to allow more housing to be built without parking in dense, transit-rich neighborhoods. The parking update would also require developers who do build parking to charge separately for rent and parking, so that people who don’t own cars wouldn’t have to pay for parking spaces they don’t use. (A 2012 study of 95 Seattle apartment buildings Seattle concluded that about 35 percent of parking spaces sit vacant at night, meaning that developers are building more parking than they need. On-site parking, according to a 2013 report from the Sightline Institute, inflates the cost of rent by around 15 percent. Essentially, many renters are paying for an extra 200 square feet of housing for cars they don’t have.)

The legislation would also change the definition of “frequent transit service” to an average frequency taken by measuring actual arrival times over an hour and ten minutes, a change that would effectively expand the areas where new apartments can be built without parking. Currently, the city allows developers to construct buildings without parking if they’re located within a quarter mile of frequent transit service, defined as service that arrives every 15 minutes or less. The problem is that if this rule is interpreted in the most literal possible way—by standing at the bus stop and measuring when each bus arrives—even one late bus per hour can disqualify a whole neighborhood. Since this is obviously ridiculous, the new rules propose to redefine “frequency” by measuring average arrivals over an hour and ten minutes; if buses arrive every 15 minutes, on average, then the service counts as frequent.

Despite the fact that the city has a longstanding official goal of reducing car ownership and solo car trips in the city,  the idea of allowing—not requiring, but allowing—new apartments that don’t come with “free” parking on site remains intensely controversial. (About half of all apartments in Seattle include parking in the cost of rent, according to the city’s Department of Construction and Inspections). Council member Lisa Herbold, who recently questioned the city’s conclusion that much of the new parking that’s being built goes unused, wrote a blog post last Friday arguing that despite the fact that many renters don’t own cars (about 40 percent of those who live in the quarter of Seattle’s Census tracts with the largest percentage of renters), plenty of residents in other parts of town still have cars, and shouldn’t have to fight for on-street parking with tenants in apartment buildings that lack garages. Specifically, Herbold said she still has “concerns” about changing the definition of frequent transit service to a more flexible standard that acknowledges factors like traffic. “I still have to analyze the impacts of the proposed changes, but my fundamental concern is still that I question whether the case has been made to demonstrate a correlation between transit ridership and a reduction in car ownership, and therefore not needing a place to park a vehicle,” Herbold wrote.

Herbold’s blog post includes several maps that do, in fact, indicate that some areas in Herbold’s district—where, she notes pointedly, 82 percent of people own cars—will newly qualify as having “frequent transit service” under the new rules. This, she suggests, could indicate that the council is being too hasty in expanding the areas of the city where developers can build without parking based on access to frequent bus service. However, what Herbold doesn’t note is that most of the areas where the definition of “frequent” service will be expanded are inside urban villages or future urban villages, where developers can already build without parking, and where the percentage of renters is already high—in her own district, for example, the neighborhoods where transit will be considered “frequent” under the new rule include Highland Park and South Park, where, according to Herbold’s maps, between 50 and 68 percent of residents rent, and where far fewer households (37 percent and 29 percent of renters and homeowners, respectively), don’t own cars.

2. Anti-development activist Chris Leman circulated an email last week urging recipients to testify or write letters condemning the proposed new “frequent transit” definition. “On-street parking is no frill or luxury,” Leman writes. “It’s central to neighborhood safety and livability; to business success; and to mobility for children, seniors, the disabled, everyone.” (The entire concept behind Safe Routes to School, by the way, is that kids should be able to get to school safely without being driven there in a car). “Without on-street parking,” the email continues, “our residents could not go about their lives, and our restaurants and other small businesses would suffer or fail.” It goes on to suggest several policy “solutions,” including new rules barring renters from parking on city streets once they get above 85 percent capacity.

This, then, is the logical conclusion of some property owners’ (incorrect) belief that they have a “right” to park in front of their house: A two-tiered system in which only property owners have the right to access public spaces. I’m sure it won’t be long before we hear this argument applied to other public spaces, such as parks and libraries, too: If we’re willing to ban people without assets from using public streets, why wouldn’t we be willing to ban them from using other public assets? A truly fair system, of course, would be one in which everyone pays equally for parking (instead of getting subsidized parking on the street in front of their house for free), but I won’t hold my breath waiting for anti-development activists to advocate for that one.

3. After holding a typically boisterous committee hearing to protest cuts to hygiene centers and to shelters run by SHARE/WHEEL (I called it a “rally,” she called it a “town hall”), council member Kshama Sawant got her wish: The council restored $1 million in funding for SHARE/WHEEL and Urban Rest Stops, ensuring that they will be funded for another year. (The money was restored as part of legislation approving the sale of city-owned land in South Lake Union, which I’ve covered in more detail here and here.) According to a Human Services Department document explaining why the group didn’t receive funding, SHARE and WHEEL’s shelter proposals cost too much per bed and did not address racial equity goals; SHARE’s application, in particular, was “the lowest scoring application among shelters serving single adults, and had poor performance data; lack of specific examples; lack of specificity about actions/policies in cultural competency; high barriers to entry; more focus on chemical dependency compliance than on housing; concerns about fiscal capacity.” (The Seattle Times covered some of the controversies surrounding SHARE back in 2013).

Oh, and if you’re wondering how the council came up with that $1 million: They found the money lying around in last year’s real estate excise tax (REET) revenues, which, according to the city’s calculations, came in $1 million higher than originally estimated.  That allowed them to reallocate $1 million that was supposed to go to a new fire facility to the programs that were cut last year.  All this new funding comes from one-time expenditures, meaning that the city will have to find long-term funding sources in future years if they want to keep them going—a proposition that, like everything else that relies on tax dollars, is easier to do in boom times than in bad.

4. Mayor Jenny Durkan hit many of the themes she’s been talking about during her first three months in office in her first State of the City speech yesterday at Rainier Beach High School (which also happened to be the first State of the City speech by a female mayor in Seattle’s history.) The speech, which I livetweeted from the auditorium, was generally sunny and full of promises, like free college for every Seattle high school graduate and free ORCA transit passes for every high school student —typical in years when the economy is booming. Durkan also touched on the homelessness crisis, the possibility of an NHL franchise (put deposits down for your season tickets starting March 1, she said), and her campaign promise to pass a domestic workers’ bill of rights. And she alluded briefly to the fact that the economy can’t stay on an upswing forever—an unusual admission in such a speech, although one that was somewhat contradicted by her promises to put more money into education, homeless shelters, and transportation. And, as I noted on Twitter,  Durkan also said she supported building new middle- and low-income housing across the city: “We need to speed up permitting, add density, and expand our housing options in every part of this city,” she said. But that, too, was somewhat undercut by a comment later in Durkan’s speech, when she said—citing a sentiment that has become conventional wisdom, fairly or not—that “growth” itself “has made it hard for the middle class” to get by.