Tag: hearing examiner

Ruling: No Need to Review New Tree Regulations’ Impact on New Housing

Trees! Better than housing?

By Erica C. Barnett

On Thursday, the Seattle Hearing Examiner ruled against the Master Builders of Seattle/King County in a case involving a proposed new citywide tree ordinance, concluding that the city does not have to undertake any additional review under the State Environmental Policy Act (SEPA) to move forward with the new law.

The proposed new law, supported by TreePAC and City Councilmembers Dan Strauss and Alex Pedersen, would lower the size threshold for “significant” and “exceptional” trees and make them harder or illegal for private property owners to remove; removing a tree larger than 12 inches in diameter, for example, would require a developer to either replant the tree on site or pay a fee based on the value of the tree.

MBAKS, which represents small-scale multifamily developers, argued that the new rules will discourage density in Seattle, “protecting” single-family neighborhoods in leafy parts of Seattle where people of color were historically barred from living, while doing nothing to improve tree coverage in sparsely canopied, more diverse parts of the city. They argued that the city needs to do more environmental analysis to consider the potential negative effects the ordinance would have on housing development and density.

In response to the ruling, MBAKS Seattle Government Affairs Manager Aliesha Ruiz said, “Although MBAKS is disappointed in the decision of the hearing examiner, we look forward to working with our housing partners and City Council to create legislation that supports both trees and housing.”

In his ruling, Hearing Examiner Ryan Vancil said the developers didn’t clear the very high bar for requiring additional environmental review, essentially by failing to prove a negative: “Appellants’ arguments that the Proposal will increase the costs of development, and will have negative impacts on the City housing supply were based on speculation, not any actual quantitative analysis that was introduced into evidence, Vancil wrote.

“Appellants’ expressed concern that development will be more expensive, uncertain, and problematic on some unidentified number of lots is not enough to demonstrate that the Proposal will likely have significant adverse impacts to future housing in the City.”

Vancil also ruled that the tree ordinance, which defines an “exceptional” tree (the most protected category) as any tree more than two feet in diameter, is consistent with the city’s Comprehensive Plan, which guides development policy in the city and will be overhauled in 2024. (That process is just getting underway). In their appeal, the developers argued that in addition to doing more environmental analysis, the city should consider requiring developers to add street trees whenever they build new detached single-family houses, which do nothing to achieve the comprehensive plan’s density goals.

In addition to more analysis that looks at density, not just privately owned trees, MBAKS has asked the city to consider requiring street trees when developers build new detached houses in single-family zones.

In a statement Thursday afternoon, Strauss, who represents Northwest Seattle, said, “Seattle is called ‘the Emerald City’ for a reason, and we need to do better at preserving our cherished urban forestry. We know trees add value to existing homes and development and many parts of our city need more tree canopy. I am excited to finally be able to create stronger tree protections here in the Emerald City.”

 

Extra Fizz: Challenge to Fort Lawton Housing Is On Its Last Legs

Photo: Alex Crook for Seattle magazine.

A legal challenge to proposed affordable housing at Fort Lawton, the former Army base next to Discovery Park, appears to be on its last legs. If the city’s hearing examiner dismisses the case, which has been going on, in various forms, since 2008, the city will finally be able to proceed on plans to build hundreds of units of housing on the site, which the Army formally mothballed in 2011.

Elizabeth Campbell, the Magnolia activist who has filed appeal after appeal to stall the development, did not show up at a scheduled meeting with the hearing examiner last week, which had already been postponed for a month at Campbell’s request so that she could get an attorney to represent her. (Campbell asked for a stay, initially, because of a planned vacation; later, she asked for more time because of an illness. The result has been additional months of delay.)

At the meeting last week, hearing examiner Ryan Vancil set a schedule for the rest of the hearing process, but noted that because Campbell has missed numerous deadlines for providing evidence, calling witnesses, and appointing counsel, any arguments she makes from this point forward must be restricted to purely legal theory, and can’t include any new facts or evidence.

At the conference last week, Vancil noted that Campbell had not called to let him know she would not be showing up, and noted that he would be justified in dismissing the case based on her “failure to prosecute,” but said that “out of an abundance of caution,” that he wanted to give her one last chance to reply to the city in the case. In his order, Vancil wrote that:

Appellants’ failure to appear at the pre-hearing conference, failure to file exhibit and witness lists, and apparent failure to secure counsel as a result of the stay are sufficient grounds for this matter to be dismissed. However, the Appellants will be afforded a final opportunity to pursue their case. As there is no opportunity remaining for Appellants to introduce new evidence or testimony, the hearing for this matter scheduled for Monday October 29, 2018 is canceled. The parties will address any remaining issues in this matter in the form of legal briefing.

Campbell, who did not respond to a request for comment, has until this Friday, November 2, to file a closing brief in her case.