Tag: mandatory housing affordability

Maybe Metropolis: The Solution Is More Density, Not Just More Taxes

Image of three developments allowed in some former single-family areas, from least to most dense: residential small lot, low-rise 1, and low-rise 2.
MHA’s modest upzones on a sliver of Seattle’s single-family land include (l-r) residential small lot, low-rise 1, and low-rise 2. Images via City of Seattle.

By Josh Feit

The JumpStart tax, city council member Teresa Mosqueda’s payroll tax on big employers like Amazon, is posting standout numbers. This year, JumpStart will fund $97 million in affordable housing investments, including nearly $80 million for 1,769 units of affordable rental housing. Last year, the $71.4 million it provided toward affordable housing amounted to almost half the $153 million total raised by all the city’s affordable housing funding streams.

The Jump Start tax teases out the nexus between surging tech job growth and housing prices by capturing nouveau corporate Seattle’s impact on the market. That is: As the hyper growth of tech companies like Amazon inflate local housing prices, the city is taxing them to help fund affordable housing. It’s a good look, and it seems like a logical offset for the influx of high-earning tech employees. And, let’s be honest: It also feels good.

However, as much as I agree with the logic of an Amazon tax, and as much as it’s bringing in, I think there’s a more germane and effective way to raise affordable housing dollars. Luckily, it’s already part of our affordable housing strategy—sort of.

I’m talking about 2019’s Mandatory Housing Affordability program, a fee on new development in designated parts of the city, which brought in an impressive $50 million in 2021 itself.

Given that Jump Start outpaced MHA by $20 million, why am I focusing on  MHA as the smarter policy? For starters, MHA, which came with a series of targeted upzones that allow more housing in more places, actually attempts to undo the root cause of our housing crisis: prohibitive zoning laws that discriminate against multi-family housing in the vast majority of the city. These historical zoning laws cordon off nearly 75 percent of the city from multifamily housing, pinching supply and thus fueling steep housing prices.

While conventional wisdom holds that upzones and new development inflate housing costs, a 2021 UCLA report found that the latest studies show the opposite: Five out of six studies looking at the impact of market-rate housing determined that new market-rate density “makes nearby housing more affordable across the income distribution of rental units.”

Conversely, those who warn that upzones lead to gentrification, have a hard time explaining why gentrification is alreday happening in Seattle today, under our status-quo zoning that prohibits the very density urbanists are calling for. More logically, the prohibition on new development in so much of the city is spiking prices for the limited housing that is available.

Seattle gained 130,000 people between 2010 and 2020 (13,000 a year) and another 8,400 during the first year of the pandemic, many of them tech transplants. These newcomers didn’t cause the housing shortage, though—they merely brought it into sharper relief. The MHA strategy, which encourages housing development, is actually in the position to do something about it.

MHA, which came with a series of targeted up-zones, actually attempts to undo the root cause of our housing crisis: prohibitive zoning laws that discriminate against multi-family housing in the vast majority of the city.

And MHA might be worth more money than JumpStart. The MHA data point that interests me most is $13.4 million, a subset of MHA dollars raised. This figure represents the amount of money MHA raised specifically from developments built on land where it was previously prohibited: multifamily housing built on land that was upzoned in Seattle’s previously exclusive single-family zones.

Passed in 2019, MHA didn’t merely tack a fee onto new development; it also upzoned tracts along the edges of 27 single-family zones, allowing small-scale density in some previously single-family-only neighborhoods by expanding low-rise and neighborhood commercial zones and creating a new “residential small lot” zoning designation. These modest upzones, which the city adopted on just 6 percent of single-family land, allow new housing that fits in seamlessly with single-family houses.

Interestingly, this modest bit of geography— 6% of the single-family zones, or  4% of the city’s total developable land—accounted for nearly 20 percent of all MHA dollars. This outsized production could represent an upward trend. Last year, the same modestly upzoned fraction of single-family areas brought in 12 percent of the money raised from MHA overall, $8.3 million out of MHA’s $68.3 million.

This disproportionate performance indicates that pent-up demand for development on formerly cordoned-off land could be a spigot of affordable housing cash. Consider: There’s a lot more developable land where that 6 percent came from, and the city could increase the potential density of those areas more dramatically than it has to allow multifamily and commercial development, for example. If the city council and Mayor Bruce Harrell had the courage to stand up to Seattle’s NIMBY class by extending the upzones further into exclusive single-family areas and by opting for denser upzones, Seattle would generate far more cash for affordable housing.

Sure, $80 million from the JumpStart tax  is helping a lot. But the truth is, we need far more money for housing. According to the Office of Housing, MHA helped fund 990 units in 2021. But, according to the Regional Affordable Housing Task Force , we need 12,000 a year. Unfortunately, JumpStart’s impressive figures could dampen any move to expand the more on-point MHA approach, which raises money for affordable housing (and could raise a lot more) while actually addressing the crux of the housing problem by freeing up land for development.

In this way, JumpStart could unwittingly play to the interests of single-family homeowners (and their ever-appreciating property values) by shifting the focus away from the central role these homeowners play in the housing crisis, holding them harmless and avoiding bold policy solutions by taking their communities off the table.

According to the MHA numbers, the 4 percent of Seattle that we timidly opened up to more housing construction is trying to tell us something: The table is bigger than we think.

Josh@PubliCola.com

Big Rent Increases Are Coming For Some Affordable Housing Residents

Bellwether Housing's Anchor Flats building in South Lake Union
Bellwether Housing, whose properties include the Anchor Flats apartment building in South Lake Union, is limiting rent increases this year. Image via Bellwether Housing

By Katie Wilson

It’s no secret that rents are rising. Landlords are making up for lost time after pandemic-era rent freezes, and passing inflation-driven cost increases on to tenants. After a brief exodus from urban areas, many renters who left have now returned. Climbing interest rates are forcing potential homebuyers to wait, crowding the rental market.

With all these pressures driving up market-rate rents, it must feel great to live in an affordable, rent-restricted apartment right now. Right?

Maybe not. A quiet wave of large rent hikes is coming. For some, it’s already here. Earlier this month, seniors at a building operated by Mercy Housing in Bellingham hit the streets to protest a 9 percent rent increase that left some residents owing more than 60 percent of their monthly income to their nonprofit landlord—twice as much as the US Department of Housing and Urban Development (HUD)’s definition of “affordable” housing.

Every April, HUD releases income and rent limits for certain types of affordable housing, based on area median income. Once upon a time, these limits might rise in King County by 1 or 2 percent a year, but starting in 2017, the annual increase jumped as high as 7 percent. The pandemic briefly slowed this ascent, but the increase announced this April is truly startling: In HUD’s calculation, King County’s median family income rose by 16.3 percent from 2021 to 2022. That means rents at properties governed by HUD’s formulas may also rise by 16.3 percent this year—or even more, if a unit wasn’t already priced at its upper limit.

Of course, the fact that King County’s median household is now pulling in $134,600 instead of $115,700 doesn’t mean that lower-income households suddenly have more money to spend on rent. Seniors and people with disabilities living on fixed incomes, working families earning near the minimum wage—they’re not getting raises like that. Therein lies the problem.

Although many types of affordable housing are protected from large rent increases, many buildings financed with federal low income housing tax credits (LIHTC) and tax-exempt bonds are not. The same is true for most units whose rents are restricted through state and local multifamily tax exemptions (MFTE) and programs like incentive zoning and Seattle’s Mandatory Housing Affordability program.

When the HUD limits began rising sharply several years ago, the city of Seattle changed the rules for new MFTE units so that maximum rents wouldn’t go up more than 4.5 percent a year. That change has kept rent hikes within reason for more than 200 units so far, but tenants living in older MFTE units—about 5,600—are subject to the escalating HUD limits.

That’s how Fatima ended up with a rent increase of over $600 a month. (We’ve changed the names of renters to protect their privacy).

More than a year ago, Fatima moved into an MFTE unit in North Seattle thanks to a rapid rehousing program run by a domestic violence organization. (Rapid rehousing is a form of temporary rent subsidy that helps low-income renters pay for housing). The rent was $1,500 for a 2-bedroom—significantly less than the going rent for the area, possibly because there weren’t many takers during the pandemic slump

Fatima’s housing advocate said the building’s owners assured her the rent wouldn’t go up by much—$100, or maybe $300. When they got the final lease papers, they were shocked: The new rent was more than $2,100 a month, an increase of more than 40 percent.

Fatima said her landlord assured her that the rent wouldn’t go up drastically. After the rapid rehousing support ended, she was selected for an emergency housing voucher, a federal COVID relief program similar to Section 8 (now known as Housing Choice) that pays for a portion of a tenant’s rent.

Fatima’s housing advocate said the building’s owners assured her the rent wouldn’t go up by much—$100, or maybe $300. When they got the final lease papers, they were shocked: The new rent was more than $2,100 a month, an increase of more than 40 percent.

“We said, hold on, you told us it wouldn’t be that much. They said, you know, it’s based on the market,” said the housing advocate. “That put it over the [rent] limit for her voucher.” 

This week, Fatima’s landlord agreed to lower her rent to fit her voucher limit, allowing her to stay in her home. But not every renter is able to negotiate that kind of agreement.

Seniors on fixed incomes are an especially vulnerable group. King County’s area median income has been rising faster than social security payments for some time now. When the rent rises beyond seniors’ means, “we simply have nowhere else to go,” said Sarah, who lives in a senior housing complex in Seattle.

Sarah’s building was financed through the federal LIHTC program, and up until four years ago, it was run by a nonprofit. “Rent increases were minimal, and management was responsive to tenants’ needs,” she said. Then a national for-profit company bought the building. By that time, many tenants were also voucher holders, seeking out lower-cost units as market-rate rents rose beyond what their vouchers would cover. The corporation quickly showed itself to be all business.

“A tenant association begun under previous ownership was not allowed to use common rooms for meetings,” said Sarah, and a manager threatened to evict a tenant who started a Facebook group for residents. The corporation also tried to require electronic rent payments, until residents pointed out that this is illegal in Seattle.

Now some tenants are facing rent increases of $175 a month, surpassing some residents’ voucher limits. “Because some voucher holders have disabilities involving psychological difficulties, this situation caused much anguish,” said Sarah. “All tenants, including those with vouchers, know that buildings like ours are their only answer—they are shut out of market-rate housing and waiting lists for low-income apartments are years long.”

Not every resident of affordable housing is in trouble. Programs that receive federal operating funds typically limit the amount of rent tenants must pay to 30 percent of the person’s income; this includes many buildings owned and managed by the King County Housing Authority and the Seattle Housing Authority. Housing Choice voucher holders are similarly protected—as long as they live in units with rent low enough that a voucher will pay for them. Many nonprofit housing providers also receive operating funds from other sources that come with limits on rent hikes.

“The city of Seattle is a funder in most of our buildings,” said Michelle House, director of compliance at Community Roots Housing. “This year, Seattle restricted [rent increases] to 4.2 percent. We did follow that guideline for most of our apartments.”

Susan Boyd, CEO of Bellwether Housing, says that rent increases at their properties depend “on the building and which entities regulate the building, if any.” But Bellwether made a decision this year to limit rent hikes to an average of 3 percent.

“Notwithstanding ever-increasing rents in the market and significant inflation in operation costs, this will be the first year since 2019 that we have raised rents at all. We are very careful to ensure that our residents do not get overwhelmed by steep rent increases, regardless of what is happening with the HUD rent levels,” she said.

Continue reading “Big Rent Increases Are Coming For Some Affordable Housing Residents”

Inslee Issues Pro-Housing Partial Veto; Another Avoidable Outbreak Preempts Planned Sweep; Affordable Housing Data Supports Single-Family Upzones

1. An important follow-up story to our Olympia coverage: On Thursday, Governor Jay Inslee vetoed several sections of a supposedly pro-accessory dwelling unit bill that ADU advocates convinced him failed the smell test. A pro-affordable housing coalition starring the AARP, Sightline, the Sierra Club, and the Washington State Labor Council, initially supporters of the legislation, wrote Inslee a letter after the session ended telling him the bill would actually end up being detrimental to the pro-housing movement.

PubliCola wrote about this bill all session, noting that housing development antagonist State Rep. Gerry Pollet (D-46, Seattle), the House Local Government Committee chair, derailed the bill with, among other objections, odd complaints about “profit tourism” (a scary-sounding, but frankly meaningless epithet).

State Sen. Marko Liias (D-32, Edmonds) originally passed the bill on the Senate side, but by the time it came back from the House, thanks to Rep. Pollet and Rep. Sharon Shewmake (D-42, Bellingham), the legislation was watered down to the point that the affordable housing advocates felt compelled to send their letter urging Inslee to veto major portions of the bill, including provisions that gave cities veto power over ADU mandates.

Inslee’s message was clear: Let’s actually do something to create more affordable housing stock.

Now that the governor has weighed in, I’ll be working to pass an even stronger bill in 2022.

After Inslee’s partial veto, Liias told PubliCola:

“We need more housing options. Renters and homeowners both benefit from ADUs. I was disappointed in the House amendments. Now that the governor has weighed in, I’ll be working to pass an even stronger bill in 2022.”

A key piece of Liias’ bill did survive Inslee’s pen, a section that prohibits local rules barring non-related people (such as roommates) from sharing housing.

2. A new outbreak of an unspecified gastrointestinal illness temporarily halted a planned sweep at a homeless encampment near White Center this week, after King County Public Health recommended strongly against uprooting people with severe symptoms such as diarrhea and vomiting.

The Centers for Disease Control has recommended that cities refrain from sweeping encampments during the pandemic, because redistributing large numbers of people throughout cities causes an obvious risk of community transmission. But the city has begun ramping up sweeps of homeless encampments in recent months anyway, citing the need to keep parks and playfields safe and clear for kids going back to school, among other justifications.

“In general, we recommend taking into account potential communicable disease risks if there is a plan to move an encampment where there is either an active disease investigation or an active outbreak.”—King County Public Health

A spokeswoman for the public health department, Kate Cole, said the county is trying to figure out what pathogen is making people at the encampment sick. There have been several reported outbreaks of shigella among homeless people in the last year; the disease spreads rapidly when people lack access to sinks with soap and running water, which the city, under Mayor Jenny Durkan, has been reluctant to provide.

“In general, we recommend taking into account potential communicable disease risks if there is a plan to move an encampment where there is either an active disease investigation or an active outbreak,” Cole said. “We understand there are many health and safety factors that play into the City’s decisions about moving encampments and we maintain regular coordination with the City to address these complicated situations.”

The city identifies a list of “priority” encampments each week and directs outreach providers to offer shelter to people living at these sites before removing them. In addition the the White Center encampment, the city just placed encampments in Ballard and on Capitol Hill on its priority list.

3. We’ve got some more data to help put the city’s recent Mandatory Housing Affordability report in context. Last week, you’ll remember, we added some initial context to the report: Based on the total affordable housing dollars generated by development in the 6 percent sliver of the city’s single family zones that the council upzoned in 2019, it appeared that those areas were producing more funds for affordable housing than expected. Continue reading “Inslee Issues Pro-Housing Partial Veto; Another Avoidable Outbreak Preempts Planned Sweep; Affordable Housing Data Supports Single-Family Upzones”

Queen Anne Project Approval, Delayed for Years, Illustrates Issues with Seattle’s Design Review Process

By Erica C. Barnett

In a three-hour meeting Wednesday night, Seattle’s West Design Review Board approved the design for a new Safeway-anchored apartment building in the Upper Queen Anne neighborhood, capping off several years of debate over virtually every element of the project, from the placement of flower pots to brick colors to the number of doorways that will open into the 50,000-square-foot urban grocery store.

The process for approving the development has dragged on for more than three years, as Queen Anne Greenways’ Mark Ostrow has meticulously documented on Twitter. Barrientos Ryan is the third developer to take a crack at the site, after community groups rejected plans by two previous developers.

Delaying the project, which will replace an outdated one-story Safeway and a large surface parking lot, has added between $750,000 and $800,000 to the cost of the project so far, an amount that accounts only for the cost of redesigns, sketches, and studies of changes suggested by the DRB. Delay typically adds significant costs to projects themselves, as the cost of labor and materials tends to go up, not down. This makes housing more expensive, and contributes to the city’s ongoing lack of affordability, as Seattle’s ongoing population growth forces renters to compete for a limited number of apartments.

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The building, which will replace an existing Safeway with a large surface parking lot, will add more than 320 new apartments to the neighborhood, including 30 that will be affordable under the city’s Mandatory Housing Affordability legislation. (Barrientos Ryan will contribute another $6 million to build affordable housing elsewhere in the city.) It will also include a 2,000-square-foot public plaza, outdoor seating, a mural, and four additional pedestrian entrances to mimic the appearance of many small sidewalk-facing storefronts.

At Wednesday’s public hearing and at previous meetings, neighborhood residents pleaded with the board to move forward with the project. “I have thoughts about the design elements that have just been discussed in the last 70 minutes, but I’m not going to offer them because the only thing I want is for the Design Review Board to move forward,” Queen Anne Community Council member Justin Allegro said. “Design review shouldn’t be about appeasing a few neighbors who show up but about the whole neighborhood,” another commenter, Joshua Whitney, added.

SO MUCH BRICK

Design review was not originally intended to give neighborhood residents effective veto power over every element of a project. Over the years, though, it has turned into a tortuous process, one where individual preferences for Juliet balconies or garage-style rolling windows can hold up an entire project for months or years. Design review is frequently used as a cudgel to prevent projects or impose personal preferences that aren’t really about design at all—such as mandatory parking and whether people living in apartments have air conditioning or washers and dryers in their units.

Seattle’s design review process, it’s important to know, isn’t inevitable or—as public commenter Whitney put it—”a natural law.” And we don’t have to abandon all community control over building design to prevent development from being hijacked by individual residents who oppose housing or just have strong personal opinions about design.

In Portland, design review is done by a single, seven-person commission, made up primarily of professionals with experience in design, engineering, construction, and development, along with one representative of the general public. In contrast, Seattle’s eight neighborhood design review boards have five members each, all from the neighborhoods surrounding the projects they review.

With Public Meetings Shut Down, Housing Developers Seek Temporary Relief from Seattle Process

The Standard towers in the University District, one of dozens of projects caught in limbo when COVID-19 led to the cancellation of all public meetings.

Nonprofit affordable housing providers and other developers were alarmed when a proposal from Mayor Jenny Durkan’s office that would make it possible for their projects to move forward during the COVID crisis was abruptly removed from this week’s city council agenda. The legislation would allow projects to go through the shorter “administrative” design review process, in which projects are reviewed and approved by trained city staff, instead of the usual “full” design review, which involves public meetings and sometimes-lengthy deliberations. Similarly, the city’s Historic Preservation Officer would be empowered to approve or deny changes to landmarked buildings for six months.

The changes would last for six months, or until the city has developed a system for design-review and landmarks board meetings to take place online. Without a process for projects to move forward, land-use attorney Jack McCullough says, a lot of planned developments could be “dead in the water.”

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“If we have to tell everyone who’s in the pipeline or ready to get in, ‘We can’t tell you when you’ll ever be able to move forward,’ people will mothball their projects. They may not kill them, but they’re going to say, ‘If there’s not a path, why am I spending money money on this?”

The council was prepared to adopt the proposal on Monday, but after an executive session at which the city’s law department reportedly expressed concerns that it could open up the city to appeals to the state Growth Management Board, the legislation was yanked from the agenda. (City council president Lorena Gonzalez was unable for comment Thursday, and a city council spokeswoman did not return a call.) On Thursday, after both for-profit developers and low-income housing builders raised a ruckus, it’s back on next week’s agenda.

The city’s eight design review boards are supposed to ensure that their designs are high-quality, comply with regulations, and are appropriate for the neighborhoods where they’re being built. (This process, of course, can be quite contentious and subjective.) Twenty-nine projects, totaling 3,500 new housing units, were supposed to get hearings between March 11 and May 4, according to the city’s Department of Construction and Inspections, and another 30 were starting the community outreach process that precedes design review.  SDCI spokesman Bryan Stevens says many of these projects will provide affordable housing funds through the city’s Mandatory Housing Affordability Program or include affordable units through the Multifamily Tax Exemption program. The 30 projects that were just starting out include four affordable-housing buildings.

Chris Persons, the head of Capitol Hill Housing, says he has two projects in the development pipeline, including one that requires approval by the landmarks board. “It’s stuck, but it could be resolved by this legislation,” Persons says. Continue reading “With Public Meetings Shut Down, Housing Developers Seek Temporary Relief from Seattle Process”

Morning Crank: “We Have Zoned Our City Backwards”

“I’m not calling anyone a racist. I am calling out the reality that we are living in a city that has a history of …  housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history.”

After nearly five years of public hearings, open houses, legal challenges, amendments, and debate, the city council adopted the “citywide” Mandatory Housing Affordability plan on Monday by a 9-0 vote. The legislation (which does not actually apply citywide) will allow developers to build more housing in parts of the city where density is already allowed, and will allow additional housing, ranging from a second house to small apartment buildings, on about 6 percent of the land that is currently zoned exclusively for detached single-family houses.

In exchange for greater density, developers are required to build or pay a fee to build housing affordable to people making 60 percent or less of the Seattle median income. The amount developers will pay to build will be higher in areas where the city has determined the risk of displacement is high and access to opportunities is low, and lower in areas with low displacement risk and high access to opportunity. The city hopes that MHA will result in 6,000 units of new low-income housing over the next 10 years. The plan has already been partially implemented—six neighborhoods, including downtown, South Lake Union, and the University District—were upzoned two years ago

The rest of the city’s single-family areas, which occupy about 75 percent of the city’s developable residential land, will be untouched by the changes.

Public comment on Monday was dominated, as usual, by homeowners who argued that the proposed changes will “destroy” neighborhoods, rob property owners of their views, and—a perennial favorite—”ghettoize” places like Rainier Beach by forcing low-income people of color to live there.

The specter of “ghettos” was both explicit—two white speakers mentioned “ghettos” or “ghettoization” in their comments—and implicit, in comments from several white homeowners who expressed concern that their (unnamed, absent) friends and family of color would be displaced from their current neighborhoods. “I want to provide affordable housing to my children and grandchildren, who are of all colors, but I want to protect her [Seattle’s] natural beauty,” one speaker said, after inveighing against the potential loss of views from North Capitol Hill. Another speaker (also white) invoked her “many… friends and family of color [who] have been displaced from the Central District and particularly from Columbia City… to the Rainier Beach area, and now it s up for upzoning.” Where, she wondered, would these anonymous friends and family be forced to move next?

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After listening to more than an hour of such comments—including one white speaker who claimed that “upzoning is the new redlining”—the council’s women of color were eager to correct the record. Lorena González, whose own Mexican-American family would have been excluded from much of the city under both the formal racial covenants that ended in the 1940s and the unofficial redlining that replaced them, noted first that “this legislation is not even close to citywide—there are approximately 127 neighborhoods in the city, and this legislation only relates to 27 of them.” The remaining 100 neighborhoods, she said, are still “currently and strictly zoned exclusively single-family.”

She continued: “I’m not calling anyone a racist. I am, however, calling out the reality that we are living in a city that has a history of implementing and preserving housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history and to support legislation to begin the process of dismantling… laws that are intended to exclude people who look like me from owning or living in a single-family home.”

Teresa Mosqueda added more historical context. “What we have done over the last few decades is we have zoned our city backwards,” she said, referring to the fact that as recently as the middle of the last century, multifamily housing was allowed on much of the land Seattle now preserves for exclusive single-family use. “I’m sad that we’re not actually having a conversation about citywide changes. That is the next conversation we need to have.”

“The only way to create universal access to housing is by building a housing-rich city.” – Council member Rob Johnson

Today’s vote served as a bit of a swan song for council member Rob Johnson, who is widely expected to step down after the end of April to start his new job as a transportation advisor to Seattle NHL. Johnson, who spent much of his single term shepherding the legislation, sounded a bit wistful as he closed out debate and called for a vote. After thanking city staffers, other council members, and his wife Katie, Johnson  noted the signs all over Seattle that oppose “build the wall” rhetoric. “Well, zoning is building a metaphorical wall around our city.” By adopting MHA, he said, “We’re starting the process of dismantling walls around our neighborhoods that have given exclusive groups sole access to the resource-rich communities around our city. … The only way to create universal access to housing is by building a housing-rich city.”

The battle over MHA is not over, of course. SCALE, the group that spent much of the last year and a half appealing the plan in front of the city’s hearing examiner, said in a statement Monday that they were “considering appealing the inadequately considered impacts of the MHA legislation to the [state] Growth Management Hearings Board.”

2. González and Mosqueda weren’t the only ones feeling salty before Monday’s big vote. Sally Bagshaw, who is also leaving the council after this year, took the opportunity to correct an op/ed by Queen Anne homeowner and anti-density activist Marty Kaplan that ran in this Sunday’s Seattle Times. Kaplan has spent much of the last several years appealing a city proposal that would allow homeowners to add up to two accessory dwelling units (one attached, one in the backyard) to their properties. The Times ran Kaplan’s factually challenged rant alongside a pro-MHA piece by Johnson, suggesting that an elected city council member and a neighborhood activist who spends his time fighting people’s right to build garage apartments are on roughly the same level.

“Here’s what makes me grumpy,” Bagshaw began. “There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” Kaplan’s piece, Bagshaw continued, said that the city was “railroading” neighborhoods and would “eliminate all single-family zoning,” and “nothing could be further from the truth. We are going to be retaining 94 percent of the single-family zones,” Bagshaw said.

“Here’s what makes me grumpy. There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” – Council member Sally Bagshaw

Bagshaw didn’t get around to demolishing all of the false and absurd claims in Kaplan’s editorial one by one, so I’ll add a couple more. Kaplan claims in his piece that allowing homeowners to build backyard or mother-in-law apartments on their own property will “eliminate single-family housing regulations citywide, erasing 150 years of our history.” Single-family zoning didn’t even exist 100 years ago, much less in 1869, 15 years after the Denny Party landed at Alki. Moreover, allowing people to retrofit their basements to produce rental income or add an apartment for an aging relative does not constitute a “threat to single-family neighborhoods”; rather, it’s a way for homeowners to stay in the neighborhoods where they live, and provide new people with access to those neighborhoods—a rare commodity in a city where the typical single-family house costs more than three-quarters of a million dollars. Kaplan even  suggested that “lame-duck politicians, who know they can’t get reelected” (four of the nine council members who voted for MHA are not running again) should not be “allowed” to vote on zoning policy, as if only universally popular politicians who plan to keep their seats forever should be allowed to vote in a democracy.

Kaplan isn’t done with his own fight against density. In an email to supporters last week, he vowed to continue appealing the environmental impact statement on the accessory dwelling unit proposal. Unlike some of Monday’s public commenters, Kaplan didn’t couch his opposition to density in concern for low-income homeowners or renters at risk for displacement. Instead, he was straightforward (not for the first time) about whose interests he cared about (emphasis mine): “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners,” Kaplan wrote. “Representing every Seattle neighborhood, our team of volunteers, professional consultants, and attorneys continue to advance our appeal to prove that the Environmental Impact Statement (EIS) is deficient and inadequate in studying and transparently revealing the true impacts to every Seattle property owner.

3. Right at the beginning of yesterday’s meeting, council members voted to move the nomination of interim Human Services Department director Jason Johnson as permanent director out of Kshama Sawant’s human services committee and into the select committee on homelessness and housing, which is chaired by Bagshaw and includes the entire city council. Sawant has opposed Johnson’s nomination, arguing that Mayor Jenny Durkan did not institute a “transparent and inclusive process” for choosing an HSD director, and has held multiple hearings to give Johnson’s opponents opportunities to denounce him publicly. On Monday, she cited the results of a survey of HSD employees that revealed widespread dissatisfaction with management, particularly among workers in the Homeless Strategy and Investments division. Sawant said the council was “stabbing [communities] in the back” with the “shameful” decision to move the appointment out of her committee. Bagshaw’s proposal passed 7-2, with Mike O’Brien joining Sawant in opposition to the move.

Evening Crank: “There Is No Plan to Close SHARE Shelters.”

Image via Seattle City Council on Flickr

1. City council member Rob Johnson, who has already accepted a post-council position as a transportation advisor to Seattle NHL, has carefully dodged rumors that he will be leaving the council much sooner than the end of his term. But here are the facts: Johnson’s signature legislation, the Mandatory Housing Affordability plan, will pass on March 18. Another major milestone—the final meeting of Sound Transit’s Elected Leadership Group, which will issue recommendations on route and station locations for light rail to Ballard and West Seattle—takes place April 26. After that, Johnson has nothing scheduled.  (He’s actually the one who pointed this out to me, while refusing to officially confirm he’s leaving early.) Meanwhile, council members are quietly discussing who might replace him. All of which leads to the conclusion that Johnson will probably leave in May, sparking a potentially contentious process for appointing someone to fill his seat for the remaining seven or so months of his term.

If Johnson left the council after the filing deadline for the November election, which is May 17, the appointee would serve as a placeholder—filling the position until the next elected council member could be sworn in, most likely in November rather than January 2020, when other elected council members will take office. This happened, most recently, in October 2017, when Kirsten Harris-Talley was appointed to replace at-large council member Tim Burgess, who became mayor after incumbent Ed Murray resigned and was not running for reelection. Teresa Mosqueda won the seat formerly held by Burgess and was sworn in on November 28.

If Johnson decides to leave earlier, whoever gets the appointment could theoretically enter the race for his position, although they would probably face pressure to agree not to run.

Support The C Is for Crank
If you like the work I’m doing here, and would like to support this page financially, please support me by becoming a monthly donor on Patreon or PayPal.  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 time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses.  If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and I’m truly grateful for your support.

2. A fight over funding for the controversial shelter and housing provider SHARE/WHEEL continued to play out in council chambers this morning, with council member Lisa Herbold curtly correcting council member Kshama Sawant’s assertion that Mayor Jenny Durkan had “threaten[ed] the closure of the SHARE/WHEEL shelters at the end of June.”

Last week, Sawant accused Durkan of retaliating against SHARE for opposing the nomination of Jason Johnson as director of the Human Services Department by ending the organization’s city contract early, in June, with further funding contingent on improved performance. (This is what Sawant was characterizing as a “threaten[ed] closure.”) Specifically, SHARE supported a Sawant resolution (which failed today) that would have blocked Johnson’s nomination and established a new process, led by a committee including HSD employees and service providers who receive HSD contracts, to find a director.

God forbid we talk to each other and try to make something good, something better, something that doesn’t violate our charter or our responsibilities.

Herbold, a longtime SHARE supporter, said, “There is no planned closure of SHARE shelters in June,. It is true that they have been given only a half-year contract and [HSD has] identified specific  areas of desired improvement.” But, she reiterated, “There is no proposal for SHARE shelters to close in June.”

SHARE’s basic shelters, which provide high-barrier, nighttime-only shelter to about 200 people every night, failed to qualify for any funding last year under the city’s new performance standards, which require programs to demonstrate progress toward moving people in to permanent housing. Nonetheless, the council and mayor agreed to fund its shelters on a temporary basis through this year.

Last week, the city’s Human Services Department announced in a memo that funding for SHARE’s shelters after June would depend on whether the organization continued to improve its data collection practices, which “directly impact the ability of the SHARE/WHEEL shelters to serve the most vulnerable population.” Herbold called the memo “a sincere statement on behalf of HSD, not that they are intending to end provision of this service in June, but rather that they are trying to work… to improve the number of people who are participating in the HMIS system.”

Sawant is holding a special meeting of the city’s special committee on homelessness to discuss SHARE funding next Tuesday, in lieu of her regularly canceled human services committee meeting. Sawant has not held a regular committee meeting since last September. She does have another “community speak-out”/”special committee meeting” scheduled for Saturday, March 16, to rally supporters against the demolition of the Chateau Apartments, a 21-unit Section 8 apartment complex in the Central District.

3. Sawant’s resolution to reject Johnson and start a new process may have failed (council member Lisa Herbold said she might have felt “differently” if “council member Sawant had made her expectations known [to Mayor Durkan] prior to the nomination process”), but council member Teresa Mosqueda, who voted with Sawant, has proposed a kind of alternative: A resolution outlining the steps that mayors must follow for department director nominations in the future.

The resolution requires the mayor to describe the process she wants to use to make an appointment in advance, including any advisory groups she wants to appoint; gives the council authority to review the appointment process prior to any nomination, using on a list of criteria that focuses on inclusion and race and social justice; and lays out evaluation criteria for the council to use in the future.

The contents of Mosqueda’s resolution, as council member Lorena Gonzalez pointed out, are not “earth-shaking”; in fact, they’re “pretty run-of-the-mill, ordinary pieces of information that are traditionally transmitted from the mayor to whoever the committee chair responsible for the confirmation process is.” Her comment, which Gonzalez suggested was aimed at the mayor, also read as a subtle dig at Sawant, who has claimed repeatedly that she reached out to the mayor prior to Johnson’s nomination and never heard back. (The mayor’s office maintains that Sawant has not shown up for any of their scheduled monthly check-ins since Durkan took office in 2017).

Debora Juarez, no fan of Sawant’s efforts to derail Johnson’s appointment by forcing Durkan to launch an entirely new appointment process, was less circumspect. Thanking Mosqueda for distributing the legislation in advance and asking her council colleagues for feedback, she said, “I think it’s the height of good government when you give your colleagues an opportunity, notice, an opportunity to question, to discuss. God forbid we talk to each other and try to make something good, something better, something that doesn’t violate our charter or our responsibilities, and is also very clear about our role in the legislative branch.”

After Five Years, Seattle’s Scaled-Back Density Plan Moves Forward

Seattle's density plan gets a green light
Image credit: iStock

This post originally appeared on Seattle magazine’s website.

After almost five years, dozens of hearings, hundreds of public comments, multiple legal challenges, and enough environmental and legal analysis to fill a small apartment, the Seattle City Council is finally poised to pass the citywide Mandatory Housing Affordability (MHA) plan, which has been in the works, as part of the city’s Housing Affordability and Livability Agenda, since 2014.

The city council passed the plan out of committee on a unanimous 8-0 vote last Monday, February 25, a fact that is remarkable in itself. The council spent hours debating some final nuances of the legislation (and ultimately rolled back upzones in some areas), but all nine council members fundamentally agreed on the overall goal of building more housing, including affordable housing, throughout the city—a notable turnaround from just four and a half years ago, when Seattle Times story on a leaked draft of the plan sparked so much backlash that then-mayor Ed Murray decided to scale back the proposal.

MHA allows developers to build taller, denser residential and commercial buildings in the city’s multifamily and commercial areas and urban villages—neighborhood centers, typically located along major arterial streets, that have long been designated for future growth because of their proximity to transit, jobs, and services. It also expands some of those urban villages to allow second houses, townhomes, duplexes, and small apartment buildings on about 6 percent of the land that is currently zoned exclusively for detached single-family houses.

The rest of the city’s single-family areas, which occupy about 75 percent of the city’s developable residential land, will be untouched by the changes. This was a major point of contention during the MHA deliberations. Urbanists pointed to Seattle’s history of redlining and studies showing that exclusive single-family zoning perpetuates racial and income inequality to argue that the city should get rid of single-family zoning altogether.

In exchange for greater density, developers are required to build or pay into a fund to build housing that is affordable to people making less than 60 percent of the Seattle median income—currently $48,150 for a family of two. The city hopes that MHA will result in 6,000 units of new low-income housing over the next 10 years. The plan has already been partially implemented—six neighborhoods, including downtown, South Lake Union, and the University District—were upzoned two years ago. The legislation the council has been considering for much of the last year concerns the rest of the city.

The plan, on the whole, is modest, and its impacts won’t be visible right away. In most places, it bumps land up just one or two zoning designations—allowing two-story stacked flats, for example, in areas where only townhouses are allowed today, or raising the maximum height for apartment buildings from 30 feet to 40. It also restricts most of the biggest changes to major arterials, which already tend to be pretty dense. And since many of the changes in MHA are subtle (houses built under a new type of zoning called Residential Small Lot, for example, may be virtually indistinguishable from houses built under the previous zoning), people living in single-family areas that get upzoned might not even notice the difference.

The city has prevailed against legal challenges to the plan so far. The most recent of these was in November, when a city hearing examiner ruled against neighborhood activists who claimed the city didn’t do a sufficient environmental analysis of the proposal. But the final legislation does include a “clawback” provision, supported by MHA opponents and sponsored by West Seattle council member Lisa Herbold. It states the council’s intent to invalidate any upzones implemented under the plan if a court finds MHA’s affordability requirements invalid in the future.

This was another point of contention. Opponents said including the clawback provision in the bill was an invitation to lawsuits, while proponents argued that the provision ensured that developers wouldn’t get “something for nothing”—that is, if a court ruled against the city’s affordable-housing requirement, they wouldn’t be allowed to build denser housing anyway.

The full council is expected to approve the final MHA plan on March 18.

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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If you like the work I’m doing here, and would like to support this page financially, please support me by becoming a monthly donor on Patreon or PayPal.

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 time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses.

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and I’m truly grateful for your support.

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.

Early Morning Crank: Wills Confirms Council Rumors, Johnson Denies Early Departure, Incentive Zoning Delayed

Image result for heidi wills
via Twitter.

1. Former council member Heidi Wills will soon declare her candidacy for city council in District 6, after District 6 incumbent Mike O’Brien announced that he did not plan to run for reelection. The news came courtesy of Wills’ Facebook page over the weekend, when Wills posted the following in the comments to a post by—of all people—former council member Judy Nicastro, who was ousted along with Wills in the wake of the Strippergate scandal in 2003:

Heidi Wills Thank you, Judy! I ❤️ Seattle. We’re growing so fast and facing big issues. I’d like a seat at the table to elevate all our voices for a more common sense, inclusive, equitable and sustainable city. Campaign logistics will be in place soon. Stay tuned!

I first reported on speculation that Wills would run in December. After losing to one-term council member David Della, Wills spent almost 15 years as the  executive director of The First Tee, an organization that teaches golf to disadvantaged youth.

 

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2. City council member Rob Johnson denies rumors that he plans to leave his council position to start a new job advising the National Hockey League on transportation issues related to KeyArena as early as May. (A more recent rumor had Johnson leaving as early as next month.) “It’s not true,” Johnson says. “I have no plans to leave early.” However, in the next breath, Johnson appeared to leave the door open for an early departure, adding, “I’ve got a firm commitment from [the NHL] that we won’t even start talking about that until we have concluded MHA”—the Mandatory Housing Affordability plan, which will allow more density in some areas in exchange for affordable housing. That process is supposed to wrap up in mid-May.

If Johnson (or any of the other three council incumbents who have said they will not seek reelection when their terms end this year) does leave early, the council will have to appoint a replacement; the last time that happened was when Kirsten Harris-Talley replaced Position 8 council member Tim Burgess, who left the council to serve as mayor after former mayor Ed Murray resigned amid child sexual abuse allegations. Harris-Talley served for 51 days.

3. One issue that won’t come before Johnson’s committee before he leaves is a planned update of the city’s Incentive Zoning program—another density-for-public-benefits tradeoff that has been partly supplanted by MHA. Incentive zoning is a catchall term for a patchwork of zoning designations that allow developers to build more densely in exchange for funding or building affordable housing or other public benefits, such as child care, open space, or historic protection through a transfer of development rights (a program that has been used to protect historic buildings, such as Town Hall on First Hill, from demolition.) Once MHA goes through, incentive zoning will still apply in downtown and South Lake Union as well as parts of the University District, Uptown, and North Rainier neighborhoods.

The whole program was supposed to get an update this year to consolidate IZ standards across the city, strengthen some green building requirements (barring the use of fossil fuels for heating, for example), and impose minimum green building standards throughout downtown (currently, the city’s standard, which requires buildings to be 15 percent more efficient than what the state requires,  are only mandatory outside the downtown core). The proposed new rules would also remove “shopping corridors” and publicly accessible atriums from the list of public amenities allowed under incentive zoning, since these tend to be public in name only.

Last week, the city’s Office of Planning and Community Development sent out a notice saying that “Due to the volume of land use policy and legislation work that the City of Seattle is currently undertaking, the Incentive Zoning Update has been temporarily delayed.” The notice continued, “There is currently no revised schedule for release of public draft legislation or transmission to Council. While there is still a possibility that legislation could be transmitted to Council for consideration in 2019, it is likely that the legislation will be delayed until 2020.”

City staffers say the delay is largely because the city’s law department, which reviews legislation, has been backed up not just with MHA, but with a backlog of litigation, from challenges to city rules allowing backyard apartments to defending legislation gerrymandering the Pike Place Market Historical District to include the Showbox. Developers, meanwhile, may be breathing a sigh of relief. In a letter to OPCD last year, NAIOP, which represents commercial real estate developers, objected to the new green standards, arguing that they would  lead to higher housing costs and jeopardize MHA’s ability to produce more density. NAIOP also argued that because the new energy standards have advanced faster than the technology that would enable builders to comply with them, the city should reduce the amount by which it requires new projects to best the state-mandated energy code. OPCD disputes NAIOP’s characterization of the current standards, but acknowledges that there may come a time when they need to be revisited.