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Home My WebLink AboutCOW 2025-02-10 Item 4B - Update - Middle HousingCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/10/25 NT ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: NEIL TABOR ORIGINAL AGENDA DATE: 2/10/25 AGENDA ITEM TITLE Middle Housing Briefing CATEGORY ® Discussion Mtg Date 2/10/25 Motion Mt Date Resolution AN Date ❑ Ordinance Mtg Date Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Staff will provide an overview presentation on middle housing requirements, draft work done to date and the upcoming schedule. This item is intended to elicit discussion and initial feedback from Council members. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ LTAC DATE: Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED SN/A APPROPRIATION REQUIRED $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/10/25 Discussion only MTG. DATE ATTACHMENTS 2/10/25 Informational Memorandum dated 2/10/25 Middle Housing Presentation HB 1110 Department of Commerce Middle Housing FAQ 17 18 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Nora Gierloff, Community Development Director BY: Neil Tabor, Senior Planner, DCD, and Isaac Gloor, Senior Planner, DCD CC: Mayor Thomas McLeod DATE: February 3, 2025 SUBJECT: Middle Housing Code Briefing ISSUE The City is required to update middle housing regulations by June 30th, 2025. Staff would like to brief the City Council and field any questions and feedback on the initial standards and the schedule leading up to adoption. BACKGROUND Housing overview As noted in discussions and various previous presentations, Tukwila exists within a region experiencing a severe housing shortage. Projections from the Washington Department of Commerce illustrate the need for 1.27 million new homes by 2044 statewide, while Tukwila's own targets will require about 240 new net units of housing each year, between 2025 to 2044. Tukwila has experienced very limited housing growth in recent decades, with the exception of a few recent projects, largely within the 55+ subset of housing. In order to meet housing targets, and provide broader housing opportunities for our community, the City's development code will need to be revised to better facilitate new development, with consideration for potential impacts to current residents. It is also important to note that much of Tukwila's residential -only zoned land exists within the lowest density allowance, with approximately 87% of residential -only zoned land designated as Low Density Residential (LDR). Standards within this zoning district have remained functionally unchanged since 1995, with development costs increasing significantly over this period. While middle housing is not expected to produce a large proportion of new housing, updating standards will assist in expanding housing options in the community and provide greater opportunities for homeownership in new housing development. Recent Legislation In Spring 2023, the Washington State Legislature passed HB 1110, requiring fully planning jurisdictions to broaden allowances for middle housing types, such as duplexes and townhouses. Other legislation, such as HB 1337 and HB 1293 concerning accessory dwelling unit allowances and objective design review respectively, intersect with requirements for middle housing and have the same deadline for adoption. HB 1110 designated three tiers of requirements for Cities based on population. Tukwila, with a most recently estimated population of 22,930 (OFM 2024), is currently a Tier Three City on the cusp of Tier Two. In the interest of preempting the necessity for a future code change and encouraging more infill housing development, staff has approached the update as a Tier Two City. 19 INFORMATIONAL MEMO Page 2 Table 1: Basic requirements for cities subject to the middle housing bill in the 2024-2027 periodic update. CITY LIMITS: Number of middle housing units that must be allowed per lot within city limits NEAR A MAJOR TRANSIT STOP: Number of middle housing units per lot that must be allowed within V. mile of transit WITH AFFORDABLE HOUSING: Number of middle housing units that must be allowed within city limits if affordable units provided Sec 3(2)(a) TIER ONE: Cities with population of at least 75,000 HB 1110, Sec. 3(1)(b) 4 du/lot on all lots zoned predominantly residential, unless zoning permits higher densities 6 du/ lot within 1/4 mile walking distance of a major transit stop, unless zoning permits higher densities 6 du/lot if 2 are affordable, unless zoning permits higher densities TIER TWO: Cities with population between 25,000 and 75,000 HB 1110, Sec. 3(1)(a) 2 du/lot on all lots zoned predominantly residential, unless zoning permits higher densities 4 du/lot within 1/4 mile walking distance of a major transit stop, unless zoning permits higher densities 4 du/lot on all lots predominantly residential if one is affordable TIER THREE: Cities with population under 25,000 that are contiguous with the UGA of the largest city in a county with a population over 275,000 HB 1110, Sec. 3(1)(c) 2 du/lot on all lots zoned predominantly residential, unless zoning permits higher densities HB 1110 requires Tier Two jurisdictions to allow at least six of nine middle housing types in zones that allow single-family homes. These middle housing types include: • Duplex • Stacked Flat • Triplex • Fourplex • Fiveplex • Sixplex • Townhomes • Courtyard Apartment • Cottage Housing Efforts to Date Staff has completed one middle housing grant through the Department of Commerce and is currently working with CAST architecture on a second Commerce grant focused on implementation middle housing. Middle Housing efforts were also integrated into the comprehensive plan update. Staff heard feedback from the community that was broadly supportive of a wider breadth of housing types, along with expressions of concern about rising housing costs, on -street parking availability, and ensuring that new development supports frontage improvements. Staff incorporated policies such as Housing 2.6 "Expand capacity for moderate density housing, i.e., "missing middle housing", in residential areas with low -density zoning throughout the City to increase homeownership and rental housing options." Additionally, a Future Land Use Map was created to prepare for the rezone of the Low Density Residential (LDR) and Medium Density Residential (MDR) zones to Community Residential (CR). DISCUSSION 20 INFORMATIONAL MEMO Page 3 Code Amendments Below is a summary of anticipated code amendments as part of the Middle Housing update. Rezone Staff is proposing to rezone all land within the LDR and MDR zoning districts to Community Residential (CR). Consolidation of these two zones will streamline the middle housing adoption and eliminate unnecessary differentiation in zones. Density & Housing Type Allowances Staff is proposing to: • Establish a minimum lot size for CR zoning district of 5,000 square feet • Count accessory dwelling units toward total density allowance • Allow three units per lot (outside of mile transit buffer), with additional unit allowance per 1,500 square feet lot of additional lot area, up to 5 units per lot • Allow four units per lot (within'/4 mile transit buffer), with additional unit allowance per 1,500 square feet lot of additional lot area, up to 5 units per lot • Allow 8 of 9 middle housing types, only not allowing Sixplexes Parking Staff is proposing to require: • 1 parking space per dwelling unit outside of the % mile major transit stop buffer • No parking requirement within the mile major transit stop buffer, per State law Setbacks & Building Massing Staff is proposing to: • Reduce the existing 20-foot LDR front setback to 15 feet in CR zone, with additional encroachment allowances for porches and certain architectural features • Reduce the existing 10-foot LDR rear setback to 5 feet in CR zone • Increase building height allowance to 35 feet • Increase building lot coverage to 50% Road & Frontage Standards Staff is proposing to: • Broaden allowances for use of more appropriately sized roads • Require sidewalks and curbs for more types of development Design Review Staff is proposing to: • Update design standards to ensure they comply with "clear and objective" criteria requirements • Create a design checklist to provide clear options for residential developers Miscellaneous Anticipated miscellaneous updates include: • Update references to LDR and MDR zones and "single-family only" standards for consistency • Update definitions to comply with state law • Add graphics for clarity where applicable Anticipated Schedule Based on Planning Commission and City Council capacity, staff anticipates the following timeline for public hearings and City Council deliberations. Due to the work done at Planning 21 INFORMATIONAL MEMO Page 4 Commission to date, staff proposes to conduct the Middle Housing public hearing at the Planning Commission during their April meeting. This schedule also includes Council action on the STEP Housing Ordinance addressed at previous Planning Commission and Council meetings and other miscellaneous ordinances. • Middle Housing Open House (Late February) • Middle Housing Public Hearing at Planning Commission (April) • STEP Housing Ordinance at Council (March -April) • Miscellaneous Ordinances at Council (March -April) • Middle Housing & Design Code Ordinances at Council (May -June) RECOMMENDATION Staff would like to confirm with the Council that the Public Hearing on Middle Housing should be held by the Planning Commission. ATTACHMENTS 1. Middle Housing Presentation 2. HB 1110 3. Department of Commerce Middle Housing FAQ 22 Middle Housing Update Committee of the Whole February 10, 2025 Background —Affordability Crisis • December 2016 Tukwila detached home cost: - rv$318,000 • December 2024 Tukwila detached home cost: - r1603,000 • The median detached home in Tukwila is now almost 90% more expensive than it was in 2016. Middle Housing Update City Council Briefing February 10, 2025 Background —Affordability Crisis • December 2016 attached home cost: - N$140,000 • December 2024 attached home cost: - N$291,000 • The median attached home in Tukwila is now almost 108% more expensive than it was in 2016. • Attached homes remain the most affordable housing type. Middle Housing Update City Council Briefing February 10, 2025 Background —Attached Homes • Attached homes are, on average the most affordable housing type. • Attached homes can share fixed costs among multiple homes: — Land —Utilities such as water, gas, and power lines — Driveways and access roads Middle Housing Update City Council Briefing February 10, 2025 Background —Housing Prohibitions • In the 20th Century, cities across the USA downzoned property. • Across the Puget Sound, N70-90% of residential land now only permits detached homes and ADUs. • Many older apartment buildings and duplexes could not be built today. • The Seattle Metropolitan Area is now the 10th least affordable region in the nation. - N 49% of household income is needed annually to afford a home — Time for those with median income to save for a down payment: 12.5 years Middle Housing Update City Council Briefing February 10, 2025 Background —Local Context • Legislation — HB 1110 passed in the 2023 legislative session • Changes within the Comprehensive Plan — In anticipation of middle housing requirements, staff added policies addressing middle housing and established a future land use map as part of the comprehensive plan update • Code Development — Staff has worked extensively with the planning commission, including work predating the passage of HB 1110 — Staff is currently working with a consultant and across various departments to finalize draft code amendments ahead of public hearings Middle Housing Update City Council Briefing February 10, 2025 Housing Context • To achieve growth targets set by King County and integrated into the City's comprehensive plan, Tukwila needs to produce 240 units of housing per year through 2044 • Though the potential for home ownership will vary by project, Middle Housing types are likely to represent the majority of new owner -occupied housing over this period Middle Housing Update City Council Briefing February 10, 2025 Public Feedback Themes • Concerns over housing costs • Desire for broader housing options • Concerns over parking • Desire for frontage improvements with new development/redevelopment Middle Housing Update City Council Briefing February 10, 2025 Schedule 2025 • March —Open House • April — Public Hearing #1 • May &June - Adoption of Regulations Middle Housing Update City Council Briefing February 10, 2025 Legislative Requirements Table 1: Basic requirements for cities subject to the middle housing bill in the 2024-2027 periodic update. CITY LIMITS: Number of middle housing units that must be allowed per lot within city limits NEAR A MAJOR TRANSIT STOP: Number of middle housing units per lot that must be allowed within 1 mile of transit WITH AFFORDABLE HOUSING: Number of middle housing units that must be allowed within city limits if affordable units provided Sec. 3(2)(a) TIER TWO: Cities with population between 25,000 and 75,000 HB 1110, Sec. 3(1)(a) 2 du/lot on all lots zoned predominantly residential, unless zoning permits higher densities 4 du/lot within 1/4 mile walking distance of a major transit stop, unless zoning permits higher densities 4 du/lot on all lots predominantly residential if one is affordable TIER THREE: Cities with population under 25,000 that are contiguous with the UGA of the largest city in a county with a population over 275,000 HB 1110, Sec. 3(1)(c) 2 du/lot on all lots zoned predominantly residential, unless zoning permits higher densities Middle Housing Update City Council Briefing February 10, 2025 Legislative Requirements • In residential zones jurisdictions, must allow at least 6 of 9 Middle Housing Types, which are: - Duplex - Stacked Flat - Triplex - Fourplex - Fiveplex - Sixplex - Townhomes - Courtyard Apartment - Cottage Housing Middle Housing Update City Council Briefing February 10, 2025 Legislative Requirements • Parking — Cannot require parking if: • Site is within 1/2 mile of major transit stop, including: — Sounder — Link Light Rail — Rapid Ride Stop —Can require: • 1 space per unit if lot is 6,000 sqft or less • 2 spaces per unit if lot is greater than 6,000 sqft Middle Housing Update City Council Briefing February 10, 2025 Legislative Requirements • Must comply with new definitions for middle housing types • Design review for middle housing must be conducted administratively (no Council or Citizen Board review) Middle Housing Update City Council Briefing February 10, 2025 Related Legislation • HB 1337, ADU allowances — Must allow at least 2 ADUs of 1,000 sqft or greater per lot — Restrictions on parking required — Must allow ADUs to be sold individually — Cannot require owner occupancy — Largely compliant from Fall 2023 code update • SB 5258, Proportional Impact Fees & Unit Lot Subdivisions — Requires impact fees proportionate to residential unit sizes and allowance for unit lot subdivisions • HB 1293 — Design standards must be clear and objective Middle Housing Update City Council Briefing February 10, 2025 Middle Housing Code Update • The Middle Housing code update will contain several areas of amendments: — Zoning changes — Density & use allowances — Changes to development standards —Updated road standards — Design review changes - Definitions & consistency Middle Housing Update city Council Briefing February 10, 2025 Staff Intent • Expand opportunities for housing types, which provide for more options for the community • Create more affordable homeownership options than new single-family units • Ensure new infill development is high quality • Make new standards easy for developers to understand and staff to administer • Comply with state requirements Middle Housing Update City Council Briefing February 10, 2025 Rezone Zoning LDR - Low Density Res. MDR -Medium Density Res. ▪ HDR - High Density Res. MUO - Mixed Use Office ▪ o- Office RCC- Residential Corn. Center NCC-Neighborhood Corn. Center _ RC- Regional Com. District ▪ RCM- Regional Corn. Mixed -Use ▪ C/LI - Corn. / Light Ind. HI - Heavy Ind. LI - Light Ind. MIC/L- Manufacturing Ind. Center (Light) MIC/H - Manufacturing Ind. Center (Heavy) TVS-Tukwila Valley South TUC- Pond ▪ TUC -Regional Center _ TUC -Commercial Corridor TUC -Workplace ▪ TUC-TOD j--i Tukwila Urban Center North Tukwila Manufacturing Industrial Center 4— Link Light Rail -�- Sounder Commuter Rail L 1CityLimits — - Potential Annexation ` — ' Area o.5 1 Miles Future Land Use CR - Community Residential ' HDR • High Density Res. MUO - Mixed Use Office ▪ O - Office RCC - Residential Com, Center NCC - Neighborhood Corn. Center ■ RC • Regional Corn. District RCM - Regional Corn. Mixed -Use C/LI - Corn. / Light Ind. HI - Heavy Ind. LI - Light Ind. MIC/L • Manufacturing Ind. Center (Light) ▪ MIC/H- Manufacturing Ind. Center(Heavy) ▪ TVS-Tukwila Valley South TUC - Pond ▪ TUC -Regional Center - TUC - Commercial Corridor ▪ TUC -Workplace ▪ TUC-TOD ;ff.;Tukwila Urban Center North Tukwila Manufacturing Industrial Center 4— Link Light Rail -ti17}- Sounder Commuter Rail L1 City Limits — - Potential Annexation — ' Area a 0.5 1 Miles Middle Housing Update City Council Briefing February 10, 2025 Density & Housing Types • To comply with state requirements, staff proposes: — Reducing the minimum lot size from 6,500 sqft to 5,000 sqft — Allowing 3 units per lot on Community Residential zoned parcels — Counting ADUs toward maximum unit density — Allowing an additional unit per each additional 1,500 sqft of lot area beyond the minimum lot size, up to 5 total units per lot Middle Housing Update City Council Briefing February 10, 2025 Density & Housing Types • Staff is proposing to allow 8 of 9 Middle Housing Types, which are: - Duplex - Stacked Flat - Triplex - Fourplex - Fiveplex - Townhomes - Courtyard Apartment - Cottage Housing Middle Housing Update City Council Briefing February 10, 2025 Parking • Staff proposes to require a flat 1 parking space per unit, outside of the 1/2 mile buffers in which parking cannot be required • Developers will likely elect to provide additional parking on -site, especially in certain housing types Middle Housing Update City Council Briefing February 10, 2025 Setbacks and Massing • Reducing the front setback from 20 feet to 15 feet, with additional encroachment allowances for porches, bay windows, balconies, and other features • Reducing the rear setback from 10 feet to 5 feet • Increasing the height allowance from 30 feet to 35 feet • Increasing the building lot coverage to 50% • Reduce minimum lot width from 50 to 40 feet Middle Housing Update City Council Briefing February 10, 2025 Road Standards • Much of Tukwila's current road and frontage improvement standards are based on number of lots rather than number of units • Standards will be updated to increase the feasibility of infill development through broader application of private drives in conjunction with fire standards and lower thresholds for frontage improvements Middle Housing Update City Council Briefing February 10, 2025 Design Review • Update all design standards to ensure they meet "clear and objective" criteria • Create design checklist for single-family and middle family Middle Housing Update City Council Briefing February 10, 2025 Miscellaneous • Add graphics for ease of understanding • Update definitions with state requirements • Remove and update outdated references to single-family, LDR and MDR zones Middle Housing Update City Council Briefing February 10, 2025 Upcoming Amendments • STEP Housing Updates (March -April) • Miscellaneous Updates (March -April) • Middle Housing & Design Code Package (May -June) Middle Housing Update City Council Briefing February 10, 2025 Questions & Discussion Middle Housing Update City Council Briefing February 10, 2025 CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110 Chapter 332, Laws of 2023 68th Legislature 2023 Regular Session GROWTH MANAGEMENT ACT —MINIMUM DEVELOPMENT DENSITIES IN RESIDENTIAL ZONES EFFECTIVE DATE: July 23, 2023 Passed by the House April 18, 2023 CERTIFICATE Yeas 79 Nays 18 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 11, 2023 Yeas 35 Nays 14 DENNY HECK President of the Senate I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 8, 2023 1:11 PM FILED JAY INSLEE Governor of the State of Washington May 10, 2023 Secretary of State State of Washington 49 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By House Appropriations (originally sponsored by Representatives Bateman, Barkis, Reed, Taylor, Riccelli, Berry, Fitzgibbon, Peterson, Duerr, Lekanoff, Alvarado, Street, Ryu, Ramel, Cortes, Doglio, Macri, Mena, Gregerson, Thai, Bergquist, Farivar, Wylie, Stonier, Pollet, Santos, Fosse, and Ormsby) READ FIRST TIME 02/24/23. 1 AN ACT Relating to creating more homes for Washington by 2 increasing middle housing in areas traditionally dedicated to single- 3 family detached housing; amending RCW 36.70A.030, 36.70A.280, 4 43.21C.495, and 43.21C.450; adding new sections to chapter 36.70A 5 RCW; adding a new section to chapter 64.34 RCW; adding a new section 6 to chapter 64.32 RCW; adding a new section to chapter 64.38 RCW; 7 adding a new section to chapter 64.90 RCW; and creating new sections. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. The legislature finds that Washington is 10 facing an unprecedented housing crisis for its current population and 11 a lack of housing choices, and is not likely to meet the 12 affordability goals for future populations. In order to meet the goal 13 of 1,000,000 new homes by 2044, and enhanced quality of life and 14 environmental protection, innovative housing policies will need to be 15 adopted. 16 Increasing housing options that are more affordable to various 17 income levels is critical to achieving the state's housing goals, 18 including those codified by the legislature under chapter 254, Laws 19 of 2021. 20 There is continued need for the development of housing at all 21 income levels, including middle housing that will provide a wider 50 p. 1 E2SHB 1110.SL 1 variety of housing options and configurations to allow Washingtonians 2 to live near where they work. 3 Homes developed at higher densities are more affordable by design 4 for Washington residents both in their construction and reduced 5 household energy and transportation costs. 6 While creating more housing options, it is essential for cities 7 to identify areas at higher risk of displacement and establish 8 antidisplacement policies as required in Engrossed Second Substitute 9 House Bill No. 1220 (chapter 254, Laws of 2021). 10 The state has made historic investments in subsidized affordable 11 housing through the housing trust fund, yet even with these historic 12 investments, the magnitude of the housing shortage requires both 13 public and private investment. 14 In addition to addressing the housing shortage, allowing more 15 housing options in areas already served by urban infrastructure will 16 reduce the pressure to develop natural and working lands, support key 17 strategies for climate change, food security, and Puget Sound 18 recovery, and save taxpayers and ratepayers money. 19 Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to 20 read as follows: 21 Unless the context clearly requires otherwise, the definitions in 22 this section apply throughout this chapter. 23 (1) "Administrative design review" means a development permit 24 process whereby an application is reviewed, approved, or denied by 25 the planning director or the planning director's designee based 26 solely on objective design and development standards without a public 27 predecision hearing, unless such review is otherwise required by 28 state or federal law, or the structure is a designated landmark or 29 historic district established under a local preservation ordinance. A 30 city may utilize public meetings, hearings, or voluntary review 31 boards to consider, recommend, or approve requests for variances from 32 locally established design review standards. 33 (2) "Adopt a comprehensive land use plan" means to enact a new 34 comprehensive land use plan or to update an existing comprehensive 35 land use plan. 36 (((2))) (3) "Affordable housing" means, unless the context 37 clearly indicates otherwise, residential housing whose monthly costs, 38 including utilities other than telephone, do not exceed thirty 39 percent of the monthly income of a household whose income is: p. 2 E2SHB 1110.SL51 (a) For rental housing, sixty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or (b) For owner -occupied housing, eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((3))) 1A1 "Agricultural the commercial production floricultural, dairy, apiary, land" means land primarily devoted to of horticultural, viticultural, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. (((4))) (5) "City" means any city or town, including a code city. (((5))) (6) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter. ((+-6-})) (7) "Cottage housing" means residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. (8) "Courtyard apartments" means up to four attached dwelling units arranged on two or three sides of a yard or court. (9) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; areas. (d) frequently flooded areas; and (e) geologically hazardous "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. (((7))) (10) "Department" means the department of commerce. ((+8+)) (11) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, 52 p. 3 E2SHB 1110.SL planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (()) (12) "Emergency accommodations for individuals housing" means or families who temporary are homeless indoor or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (((10))) (13) "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (((11))) (14) "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below thirty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((12))) (15) "Forestland" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forestland is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forestland to other uses. p. 4 E2SHB 1110.SL53 (((13))) (16) "Freight rail dependent uses" means buildings and other infrastructure that are used in the fabrication, processing, storage, and transport of goods where the use is dependent on and makes use of an adjacent short line railroad. Such facilities are both urban and rural development "Freight rail dependent uses" does infrastructure that are used in the and transport of coal, liquefied defined in RCW 90.56.010. (((14))) (17) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. (((15))) (18) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. (((16))) (19) "Low-income household" means a single person, for purposes of this chapter. not include buildings and other fabrication, processing, storage, natural gas, or "crude oil" as family, or unrelated persons living together whose adjusted income is at or below eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((17))) (20) "Major transit stop" means: (a) A stop on a high capacity transportation expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems; or (d) Stops on bus rapid transit routes. (21) "Middle housing" means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked (22) "Minerals" include gravel, sand, and valuable metallic substances. (((18))) (23) "Moderate -income household" means a single person, family, or unrelated persons living together whose adjusted income is flats, courtyard apartments, and cottage housing. system funded or 54 p. 5 E2SHB 1110.SL 1 at or below 120 percent of the median household income adjusted for 2 household size, for the county where the household is located, as 3 reported by the United States department of housing and urban 4 development. 5 (((19))) (24) "Permanent supportive housing" is subsidized, 6 leased housing with no limit on length of stay that prioritizes 7 people who need comprehensive support services to retain tenancy and 8 utilizes admissions practices designed to use lower barriers to entry 9 than would be typical for other subsidized or unsubsidized rental 10 housing, especially related to rental history, criminal history, and 11 personal behaviors. Permanent supportive housing is paired with on- 12 site or off -site voluntary services designed to support a person 13 living with a complex and disabling behavioral health or physical 14 health condition who was experiencing homelessness or was at imminent 15 risk of homelessness prior to moving into housing to retain their 16 housing and be a successful tenant in a housing arrangement, improve 17 the resident's health status, and connect the resident of the housing 18 with community -based health care, treatment, or employment services. 19 Permanent supportive housing is subject to all of the rights and 20 responsibilities defined in chapter 59.18 RCW. 21 (((20))) (25) "Public facilities" include streets, roads, 22 highways, sidewalks, street and road lighting systems, traffic 23 signals, domestic water systems, storm and sanitary sewer systems, 24 parks and recreational facilities, and schools. 25 (((21))) (26) "Public services" include fire protection and 26 suppression, law enforcement, public health, education, recreation, 27 environmental protection, and other governmental services. 28 (((22))) (27) "Recreational land" means land so designated under 29 RCW 36.70A.1701 and that, immediately prior to this designation, was 30 designated as agricultural land of long-term commercial significance 31 under RCW 36.70A.170. Recreational land must have playing fields and 32 supporting facilities existing before July 1, 2004, for sports played 33 on grass playing fields. 34 (((23))) (28) "Rural character" refers to the patterns of land 35 use and development established by a county in the rural element of 36 its comprehensive plan: 37 (a) In which open space, the natural landscape, and vegetation 38 predominate over the built environment; 39 (b) That foster traditional rural lifestyles, rural -based 40 economies, and opportunities to both live and work in rural areas; p. 6 E2SHB 1110.SL55 1 (c) That provide visual landscapes that are traditionally found 2 in rural areas and communities; 3 (d) That are compatible with the use of the land by wildlife and 4 for fish and wildlife habitat; 5 (e) That reduce the inappropriate conversion of undeveloped land 6 into sprawling, low -density development; 7 (f) That generally do not require the extension of urban 8 governmental services; and 9 (g) That are consistent with the protection of natural surface 10 water flows and groundwater and surface water recharge and discharge 11 areas. 12 (((24))) (29) "Rural development" refers to development outside 13 the urban growth area and outside agricultural, forest, and mineral 14 resource lands designated pursuant to RCW 36.70A.170. Rural 15 development can consist of a variety of uses and residential 16 densities, including clustered residential development, at levels 17 that are consistent with the preservation of rural character and the 18 requirements of the rural element. Rural development does not refer 19 to agriculture or forestry activities that may be conducted in rural 20 areas. 21 (((25))) (30) "Rural governmental services" or "rural services" 22 include those public services and public facilities historically and 23 typically delivered at an intensity usually found in rural areas, and 24 may include domestic water systems((,—)) and fire and police 25 protection services((, transportation and public transit scrviccs, 26 and othcr public utilitics)) associated with rural development and 27 normally not associated with urban areas. Rural services do not 28 include storm or sanitary sewers, except as otherwise authorized by 29 RCW 36.70A.110(4). 30 (((26))) (31) "Short line railroad" means those railroad lines 31 designated class II or class III by the United States surface 32 transportation board. 33 (((27))) (32) "Single-family zones" means those zones where 34 single-family detached housing is the predominant land use. 35 (33) "Stacked flat" means dwelling units in a residential 36 building of no more than three stories on a residential zoned lot in 37 which each floor may be separately rented or owned. 38 (34) "Townhouses" means buildings that contain three or more 39 attached single-family dwelling units that extend from foundation to 40 roof and that have a yard or public way on not less than two sides. 56 p. 7 E2SHB 1110.SL (35) "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas. (((28))) (36) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area be appropriate for urban growth. (((29))) (37) "Urban growth areas" by a county pursuant to RCW 36.70A.110. (((30))) (38) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below fifty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((31))) (39) "Wetland" or "wetlands" means areas that are inundated or saturated by surface and duration sufficient to circumstances do support, a adapted include include for life in saturated swamps, those marshes, bogs, with urban growth on it as to means those areas designated water or groundwater at a frequency support, and that under normal prevalence of vegetation typically soil conditions. Wetlands generally and similar areas. Wetlands do not artificial wetlands intentionally nonwetland sites, including, drainage ditches, grass -lined created from but not limited to, irrigation and swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, p. 8 E2SHB 1110.SL57 1 street, or highway. Wetlands may include those artificial wetlands 2 intentionally created from nonwetland areas created to mitigate 3 conversion of wetlands. 4 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 5 RCW to read as follows: 6 (1) Except as provided in subsection (4) of this section, any 7 city that is required or chooses to plan under RCW 36.70A.040 must 8 provide by ordinance and incorporate into its development 9 regulations, zoning regulations, and other official controls, 10 authorization for the following: 11 (a) For cities with a population of at least 25,000 but less than 12 75,000 based on office of financial management population estimates: 13 (i) The development of at least two units per lot on all lots 14 zoned predominantly for residential use, unless zoning permitting 15 higher densities or intensities applies; 16 (ii) The development of at least four units per lot on all lots 17 zoned predominantly for residential use, unless zoning permitting 18 higher densities or intensities applies, within one -quarter mile 19 walking distance of a major transit stop; and 20 (iii) The development of at least four units per lot on all lots 21 zoned predominantly for residential use, unless zoning permitting 22 higher densities or intensities applies, if at least one unit is 23 affordable housing. 24 (b) For cities with a population of at least 75,000 based on 25 office of financial management population estimates: 26 (i) The development of at least four units per lot on all lots 27 zoned predominantly for residential use, unless zoning permitting 28 higher densities or intensities applies; 29 (ii) The development of at least six units per lot on all lots 30 zoned predominantly for residential use, unless zoning permitting 31 higher densities or intensities applies, within one -quarter mile 32 walking distance of a major transit stop; and 33 (iii) The development of at least six units per lot on all lots 34 zoned predominantly for residential use, unless zoning permitting 35 higher densities or intensities applies, if at least two units are 36 affordable housing. 37 (c) For cities with a population of less than 25,000, that are 38 within a contiguous urban growth area with the largest city in a 39 county with a population of more than 275,000, based on office of 58 p• 9 E2SHB 1110.SL 1 financial management population estimates the development of at least 2 two units per lot on all lots zoned predominantly for residential 3 use, unless zoning permitting higher densities or intensities 4 applies. 5 (2)(a) To qualify for the additional units allowed under 6 subsection (1) of this section, the applicant must commit to renting 7 or selling the required number of units as affordable housing. The 8 units must be maintained as affordable for a term of at least 50 9 years, and the property must satisfy that commitment and all required 10 affordability and income eligibility conditions adopted by the local 11 government under this chapter. A city must require the applicant to 12 record a covenant or deed restriction that ensures the continuing 13 rental of units subject to these affordability requirements 14 consistent with the conditions in chapter 84.14 RCW for a period of 15 no less than 50 years. The covenant or deed restriction must also 16 address criteria and policies to maintain public benefit if the 17 property is converted to a use other than which continues to provide 18 for permanently affordable housing. 19 (b) The units dedicated as affordable must be provided in a range 20 of sizes comparable to other units in the development. To the extent 21 practicable, the number of bedrooms in affordable units must be in 22 the same proportion as the number of bedrooms in units within the 23 entire development. The affordable units must generally be 24 distributed throughout the development and have substantially the 25 same functionality as the other units in the development. 26 (c) If a city has enacted a program under RCW 36.70A.540, the 27 terms of that program govern to the extent they vary from the 28 requirements of this subsection. 29 (3) If a city has enacted a program under RCW 36.70A.540, 30 subsection (1) of this section does not preclude the city from 31 requiring any development, including development described in 32 subsection (1) of this section, to provide affordable housing, either 33 on -site or through an in -lieu payment, nor limit the city's ability 34 to expand such a program or modify its requirements. 35 (4)(a) As an alternative to the density requirements in 36 subsection (1) of this section, a city may implement the density 37 requirements in subsection (1) of this section for at least 75 38 percent of lots in the city that are primarily dedicated to single- 39 family detached housing units. p. 10 E2SHB 1110.SL59 (b) The 25 percent of lots for which the requirements of subsection (1) of this section are not implemented must include but are not limited to: (i) Any areas within the city for which the department has certified an extension of the implementation timelines under section 5 of this act due to the risk of displacement; (ii) Any areas within the city for which the department has certified 7 of this (iii) that are exempt from the density subsection (8) of this section; (iv) Any portion of a city within a one -mile radius of a commercial airport with at least 9,000,000 annual enplanements that is exempt from the parking requirements under subsection (7)(b) of this section; and (v) Any areas subject to sea level rise, increased flooding, susceptible to wildfires, or geological hazards over the next 100 years. (c) Unless identified as at higher risk of displacement under RCW 36.70A.070(2)(g), the 25 percent of lots for which the requirements of subsection (1) of this section are not implemented may not include: (i) Any areas for which the exclusion would further racially disparate impacts or result in zoning with a discriminatory effect; (ii) Any areas within one-half mile walking distance of a major transit stop; or (iii) Any areas historically covered by a covenant or deed restriction excluding racial minorities from owning property or living in the area, as known to the city at the time of each comprehensive plan update. (5) A city must allow at least six of the nine types of middle housing to achieve the unit density required in subsection (1) of this section. A city may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section. Cities are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section. A city must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this section. an extension of the implementation act due to a lack of infrastructure Any lots designated with critical timelines capacity; areas requirements or as under their section buffers provided in 60 p. 11 E2SHB 1110.SL 1 (6) Any city subject to the requirements of this section: 2 (a) If applying design review for middle housing, only 3 administrative design review shall be required; 4 (b) Except as provided in (a) of this subsection, shall not 5 require through development regulations any standards for middle 6 housing that are more restrictive than those required for detached 7 single-family residences, but may apply any objective development 8 regulations that are required for detached single-family residences, 9 including, but not limited to, set -back, lot coverage, stormwater, 10 clearing, and tree canopy and retention requirements to ensure 11 compliance with existing ordinances intended to protect critical 12 areas and public health and safety; 13 (c) Shall apply to middle housing the same development permit and 14 environmental review processes that apply to detached single-family 15 residences, unless otherwise required by state law including, but not 16 limited to, shoreline regulations under chapter 90.58 RCW, building 17 codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 18 or electrical codes under chapter 19.28 RCW; 19 (d) Shall not require off-street parking as a condition of 20 permitting development of middle housing within one-half mile walking 21 distance of a major transit stop; 22 (e) Shall not require more than one off-street parking space per 23 unit as a condition of permitting development of middle housing on 24 lots smaller than 6,000 square feet before any zero lot line 25 subdivisions or lot splits; 26 (f) Shall not require more than two off-street parking spaces per 27 unit as a condition of permitting development of middle housing on 28 lots greater than 6,000 square feet before any zero lot line 29 subdivisions or lot splits; and 30 (g) Are not required to achieve the per unit density under this 31 act on lots after subdivision below 1,000 square feet unless the city 32 chooses to enact smaller allowable lot sizes. 33 (7) The provisions of subsection (6)(d) through (f) of this 34 section do not apply: 35 (a) If a local government submits to the department an empirical 36 study prepared by a credentialed transportation or land use planning 37 expert that clearly demonstrates, and the department finds and 38 certifies, that the application of the parking limitations of 39 subsection (6)(d) through (f) of this section for middle housing will 40 be significantly less safe for vehicle drivers or passengers, p. 12 E2SHB 1110.SL61 1 pedestrians, or bicyclists than if the jurisdiction's parking 2 requirements were applied to the same location for the same number of 3 detached houses. The department must develop guidance to assist 4 cities on items to include in the study; or 5 (b) To portions of cities within a one -mile radius of a 6 commercial airport in Washington with at least 9,000,000 annual 7 enplanements. 8 (8) The provisions of this section do not apply to: 9 (a) Lots designated with critical areas designated under RCW 10 36.70A.170 or their buffers as required by RCW 36.70A.170; 11 (b) A watershed serving a reservoir for potable water if that 12 watershed is or was listed, as of the effective date of this section, 13 as impaired or threatened under section 303(d) of the federal clean 14 water act (33 U.S.C. Sec. 1313(d)); or 15 (c) Lots that have been designated urban separators by countywide 16 planning policies as of the effective date of this section. 17 (9) Nothing in this section prohibits a city from permitting 18 detached single-family residences. 19 (10) Nothing in this section requires a city to issue a building 20 permit if other federal, state, and local requirements for a building 21 permit are not met. 22 (11) A city must comply with the requirements of this section on 23 the latter of: 24 (a) Six months after its next periodic comprehensive plan update 25 required under RCW 36.70A.130 if the city meets the population 26 threshold based on the 2020 office of financial management population 27 data; or 28 (b) 12 months after their next implementation progress report 29 required under RCW 36.70A.130 after a determination by the office of 30 financial management that the city has reached a population threshold 31 established under this section. 32 (12) A city complying with this section and not granted a 33 timeline extension under section 7 of this act does not have to 34 update its capital facilities plan element required by RCW 35 36.70A.070(3) to accommodate the increased housing required by this 36 act until the first periodic comprehensive plan update required for 37 the city under RCW 36.70A.130(5) that occurs on or after June 30, 38 2034. 62 p. 13 E2SHB 1110.SL NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows: (1)(a) The department is directed to provide technical assistance to cities as they implement the requirements under section 3 of this act. (b) The department shall prioritize such technical assistance to cities demonstrating the greatest need. (2)(a) The department shall publish model middle housing ordinances no later than six months following the effective date of this section. (b) In any city subject to section 3 of this act that has not passed ordinances, regulations, or other official controls within the time frames provided under section 3(11) of this act, the model ordinance supersedes, regulations until the section 3 of this act. (3)(a) The department is directed cities implementing the requirements preempts, and city takes all invalidates local development actions necessary to implement to establish a process by which of section 3 of this act may seek approval of alternative local action necessary to meet the requirements of this act. (b) The department may approve actions under this section for cities that have, by January 1, 2023, adopted a comprehensive plan that is substantially similar to the requirements of this act and have adopted, or within one year of the effective date of this section adopts, permanent development regulations that are substantially similar to the requirements of this act. In determining whether a city's adopted comprehensive plan and permanent development regulations are substantially similar, the department must find as substantially similar plans and regulations that: (i) Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of this act were adopted; (ii) Allow for middle housing throughout the city, rather than just in targeted locations; and (iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing. (c) The department may also approve actions under this section for cities that have, by January 1, 2023, adopted a comprehensive plan or development regulations that have significantly reduced or p. 14 E2SHB 1110.SL63 64 1 eliminated residentially zoned areas that are predominantly single 2 family. The department must find that a city's actions are 3 substantially similar to the requirements of this act if they have 4 adopted, or within one year of the effective date of this section 5 adopts, permanent development regulations that: 6 (i) Result in an overall increase in housing units allowed in 7 single-family zones that is at least 75 percent of the increase in 8 housing units allowed in single-family zones if the specific 9 provisions of this act were adopted; 10 (ii) Allow for middle housing throughout the city, rather than 11 just in targeted locations; and 12 (iii) Allow for additional density near major transit stops, and 13 for projects that incorporate dedicated affordable housing. 14 (d) The department may determine that a comprehensive plan and 15 development regulations that do not meet these criteria are otherwise 16 substantially similar to the requirements of this act if the city can 17 clearly demonstrate that the regulations adopted will allow for a 18 greater increase in middle housing production within single family 19 zones than would be allowed through implementation of section 3 of 20 this act. 21 (e) Any local actions approved by the department pursuant to (a) 22 of this subsection to implement the requirements under section 3 of 23 this act are exempt from appeals under this chapter and chapter 24 43.21C RCW. 25 (f) The department's final decision to approve or reject actions 26 by cities implementing section 3 of this act may be appealed to the 27 growth management hearings board by filing a petition as provided in 28 RCW 36.70A.290. 29 (4) The department may issue guidance for local jurisdictions to 30 ensure that the levels of middle housing zoning under this act can be 31 integrated with the methods used by cities to calculate zoning 32 densities and intensities in local zoning and development 33 regulations. 34 NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 35 RCW to read as follows: 36 Any city choosing the alternative density requirements in section 37 3(4) of this act may apply to the department for, and the department 38 may certify, an extension for areas at risk of displacement as 39 determined by the antidisplacement analysis that a jurisdiction is p. 15 E2SHB 1110.SL 1 required to complete under RCW 36.70A.070 (2) . The city must create a 2 plan for implementing antidisplacement policies by their next 3 implementation progress report required by RCW 36.70A.130(9). The 4 department may certify one further extension based on evidence of 5 significant ongoing displacement risk in the impacted area. 6 Sec. 6. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 7 read as follows: 8 (1) The growth management hearings board shall hear and determine 9 only those petitions alleging either: 10 (a) That, except as provided otherwise by this subsection, a 11 state agency, county, or city planning under this chapter is not in 12 compliance with the requirements of this chapter, chapter 90.58 RCW 13 as it relates to the adoption of shoreline master programs or 14 amendments thereto, or chapter 43.21C RCW as it relates to plans, 15 development regulations, or amendments, adopted under RCW 36.70A.040 16 or chapter 90.58 RCW. Nothing in this subsection authorizes the board 17 to hear petitions alleging noncompliance with RCW 36.70A.5801; 18 (b) That the twenty-year growth management planning population 19 projections adopted by the office of financial management pursuant to 20 RCW 43.62.035 should be adjusted; 21 (c) That the approval of a work plan adopted under RCW 22 36.70A.735(1) (a) is not in compliance with the requirements of the 23 program established under RCW 36.70A.710; 24 (d) That regulations adopted under RCW 36.70A.735(1) (b) are not 25 regionally applicable and cannot be adopted, wholly or partially, by 26 another jurisdiction; ((or)) 27 (e) That a department certification under RCW 36.70A.735(1)(c) is 28 erroneous; or 29 (f) That the department's final decision to approve or reject 30 actions by a city implementing section 3 of this act is clearly 31 erroneous. 32 (2) A petition may be filed only by: (a) The state, or a county 33 or city that plans under this chapter; (b) a person who has 34 participated orally or in writing before the county or city regarding 35 the matter on which a review is being requested; (c) a person who is 36 certified by the governor within sixty days of filing the request 37 with the board; or (d) a person qualified pursuant to RCW 34.05.530. 38 (3) For purposes of this section "person" means any individual, 39 partnership, corporation, association, state agency, governmental p. 16 E2SHB 1110.SL65 66 1 subdivision or unit thereof, or public or private organization or 2 entity of any character. 3 (4) To establish participation standing under subsection (2)(b) 4 of this section, a person must show that his or her participation 5 before the county or city was reasonably related to the person's 6 issue as presented to the board. 7 (5) When considering a possible adjustment to a growth management 8 planning population projection prepared by the office of financial 9 management, the board shall consider the implications of any such 10 adjustment to the population forecast for the entire state. 11 The rationale for any adjustment that is adopted by the board 12 must be documented and filed with the office of financial management 13 within ten working days after adoption. 14 If adjusted by the board, a county growth management planning 15 population projection shall only be used for the planning purposes 16 set forth in this chapter and shall be known as the "board adjusted 17 population projection." None of these changes shall affect the 18 official state and county population forecasts prepared by the office 19 of financial management, which shall continue to be used for state 20 budget and planning purposes. 21 NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 22 RCW to read as follows: 23 (1) Any city choosing the alternative density requirements in 24 section 3(4) of this act may apply to the department for, and the 25 department may certify, an extension of the implementation timelines 26 established under section 3(11) of this act. 27 (2) An extension certified under this section may be applied only 28 to specific areas where a city can demonstrate that water, sewer, 29 stormwater, transportation infrastructure, including facilities and 30 transit services, or fire protection services lack capacity to 31 accommodate the density required in section 3 of this act, and the 32 city has: 33 (a) Included one or more improvements, as needed, within its 34 capital facilities plan to adequately increase capacity; or 35 (b) Identified which special district is responsible for 36 providing the necessary infrastructure if the infrastructure is 37 provided by a special purpose district. 38 (3) If an extension of the implementation timelines is requested 39 due to lack of water supply from the city or the purveyors who serve p. 17 E2SHB 1110.SL 1 water within the city, the department's evaluation of the extension 2 must be based on the applicable water system plans in effect and 3 approved by the department of health. Water system plan updates 4 initiated after the effective date of this section must include 5 consideration of water supply requirements for middle housing types. 6 (4) An extension granted under this section remains in effect 7 until the earliest of: 8 (a) The infrastructure is improved to accommodate the capacity; 9 (b) The city's deadline to complete its next periodic 10 comprehensive plan update under RCW 36.70A.130; or 11 (c) The city's deadline to complete its implementation progress 12 report to the department as required under RCW 36.70A.130(9). 13 (5) A city that has received an extension under this section may 14 reapply for any needed extension with its next periodic comprehensive 15 plan update under RCW 36.70A.130 or its implementation progress 16 report to the department under RCW 36.70A.130(9). The application for 17 an additional extension must include a list of infrastructure 18 improvements necessary to meet the capacity required in section 3 of 19 this act. Such additional extension must only be to address 20 infrastructure deficiency that a city is not reasonably able to 21 address within the first extension. 22 (6) The department may establish by rule any standards or 23 procedures necessary to implement this section. 24 (7) The department must provide the legislature with a list of 25 projects identified in a city's capital facilities plan that were the 26 basis for the extension under this section, including planning level 27 estimates. Additionally, the city must contact special purpose 28 districts to identify additional projects associated with extensions 29 under this section. 30 (8) A city granted an extension for a specific area must allow 31 development as provided under section 3 of this act if the developer 32 commits to providing the necessary water, sewer, or stormwater 33 infrastructure. 34 (9) If an area zoned predominantly for residential use is 35 currently served only by private wells, group B water systems or 36 group A water systems with less than 50 connections, or a city or 37 water providers within the city do not have an adequate water supply 38 or available connections to serve the zoning increase required under 39 section 3 of this act, the city may limit the areas subject to the 40 requirements under section 3 of this act to match current water p. 18 E2SHB 1110.SL67 68 1 availability. Nothing in this act affects or modifies the 2 responsibilities of cities to plan for or provide urban governmental 3 services as defined in RCW 36.70A.030 or affordable housing as 4 required by RCW 36.70A.070. 5 (10) No city shall approve a building permit for housing under 6 section 3 of this act without compliance with the adequate water 7 supply requirements of RCW 19.27.097. 8 (11) If an area zoned predominantly for residential use is 9 currently served only by on -site sewage systems, development may be 10 limited to two units per lot, until either the landowner or local 11 government provides sewer service or demonstrates a sewer system will 12 serve the development at the time of construction. Nothing in this 13 act affects or modifies the responsibilities of cities to plan for or 14 provide urban governmental services as defined in RCW 36.70A.030. 15 Sec. 8. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 16 read as follows: 17 (1) Adoption of ordinances, development regulations and 18 amendments to such regulations, and other nonproject actions taken by 19 a city to implement: The actions specified in section 2, chapter 246, 20 Laws of 2022 unless the adoption of such ordinances, development 21 regulations and amendments to such regulations, or other nonproject 22 actions has a probable significant adverse impact on fish habitat; 23 and the increased residential building capacity actions identified in 24 RCW 36.70A.600(1), with the exception of the action specified in RCW 25 36.70A.600(1)(f), are not subject to administrative or judicial 26 appeals under this chapter. 27 (2) Amendments to development regulations and other nonproject 28 actions taken by a city to implement the requirements under section 3 29 of this act pursuant to section 4(3)(b) of this act are not subject 30 to administrative or judicial appeals under this chapter. 31 Sec. 9. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each 32 amended to read as follows: 33 The following nonproject actions are categorically exempt from 34 the requirements of this chapter: 35 (1) Amendments to development regulations that are required to 36 ensure consistency with an adopted comprehensive plan pursuant to RCW 37 36.70A.040, where the comprehensive plan was previously subjected to 38 environmental review pursuant to this chapter and the impacts p. 19 E2SHB 1110.SL 1 associated with the proposed regulation were specifically addressed 2 in the prior environmental review; 3 (2) Amendments to development regulations that are required to 4 ensure consistency with a shoreline master program approved pursuant 5 to RCW 90.58.090, where the shoreline master program was previously 6 subjected to environmental review pursuant to this chapter and the 7 impacts associated with the proposed regulation were specifically 8 addressed in the prior environmental review; 9 (3) Amendments to development regulations that, upon 10 implementation of a project action, will provide increased 11 environmental protection, limited to the following: 12 (a) Increased protections for critical areas, such as enhanced 13 buffers or setbacks; 14 (b) Increased vegetation retention or decreased impervious 15 surface areas in shoreline jurisdiction; and 16 (c) Increased vegetation retention or decreased impervious 17 surface areas in critical areas; 18 (4) Amendments to technical codes adopted by a county, city, or 19 town to ensure consistency with minimum standards contained in state 20 law, including the following: 21 (a) Building codes required by chapter 19.27 RCW; 22 (b) Energy codes required by chapter 19.27A RCW; and 23 (c) Electrical codes required by chapter 19.28 RCW. 24 (5) Amendments to development regulations to remove requirements 25 for parking from development proposed to fill in an urban growth area 26 designated according to RCW 36.70A.110. 27 NEW SECTION. Sec. 10. A new section is added to chapter 64.34 28 RCW to read as follows: 29 A declaration created after the effective date of this section 30 and applicable to an area within a city subject to the middle housing 31 requirements in section 3 of this act may not actively or effectively 32 prohibit the construction, development, or use of additional housing 33 units as required in section 3 of this act. 34 NEW SECTION. Sec. 11. A new section is added to chapter 64.32 35 RCW to read as follows: 36 A declaration created after the effective date of this section 37 and applicable to an association of apartment owners located within 38 an area of a city subject to the middle housing requirements in p. 20 E2SHB 1110.SL69 1 section 3 of this act may not actively or effectively prohibit the 2 construction, development, or use of additional housing units as 3 required in section 3 of this act. 4 NEW SECTION. Sec. 12. A new section is added to chapter 64.38 5 RCW to read as follows: 6 Governing documents of associations within cities subject to the 7 middle housing requirements in section 3 of this act that are created 8 after the effective date of this section may not actively or 9 effectively prohibit the construction, development, or use of 10 additional housing units as required in section 3 of this act. 11 NEW SECTION. Sec. 13. A new section is added to chapter 64.90 12 RCW to read as follows: 13 Declarations and governing documents of a common interest 14 community within cities subject to the middle housing requirements in 15 section 3 of this act that are created after the effective date of 16 this section may not actively or effectively prohibit the 17 construction, development, or use of additional housing units as 18 required in section 3 of this act. 19 NEW SECTION. Sec. 14. The department of commerce may establish 20 by rule any standards or procedures necessary to implement sections 2 21 through 7 of this act. 22 NEW SECTION. Sec. 15. If specific funding for the purposes of 23 this act, referencing this act by bill or chapter number, is not 24 provided by June 30, 2023, in the omnibus appropriations act, this 25 act is null and void. Passed by the House April 18, 2023. Passed by the Senate April 11, 2023. Approved by the Governor May 8, 2023. Filed in Office of Secretary of State May 10, 2023. --- END --- 70 p. 21 E2SHB 1110.SL i 1=1= . ' Washington State Department of 140 Commerce We strengthen communities uv - GROWTH MANAGEMENT SERVICES' HOUSING TEAM Frequently Asked Questions about Middle Housing The document provides information about middle housing and the middle housing grant program funded in the 2022-2023 biennium. This document does not incorporate or address the requirements of House Bill E2SHB 1110, which applies to certain cities after June 2025. 1. What is "middle housing"? Middle housing (sometimes referred to as "missing middle" housing) refers to several housing types that fit between single family detached houses and large multi -family buildings. Middle housing includes duplexes, triplexes, fourplexes, cottage housing, courtyard apartments, townhouses and stacked flats. Prior to World War II, middle housing types, such as courtyard buildings and row houses, were common in many cities across the country. The GI Bill, federal mortgage insurance, highway construction and other factors fueled nationwide suburbanization. A detached house was marketed as the American dream, which in turn helped lead many communities to adopt zoning ordinances that prohibited anything but detached houses in residential zones. The lower end of the middle housing spectrum includes smaller building types such as duplexes, triplexes, fourplexes, small courtyard apartments and cottage housing. Because they are compatible in scale, form and character with typical detached houses, these lower scale middle housing types can fit well into most residential neighbourhoods. Agency contact Dave Osaki MIDDLE HOUSING POLICY SPECIALIST Local Government Division Dave.Osaki@commerce.wa.gov Phone: 564-200-4460 LOCAL GOVERNMENT DIVISION GROWTH MANAGEMENT SERVICES MIDDLE HOUSING GENERAL FAQ, MAY 2023 71 Some larger size middle housing types, such as three or four story multiplexes, can fit especially well along commercial corridors with proximity to transit or as transitional forms and uses between commercial and mixed use corridors and lower scale residential uses. 2. What are some advantages of middle housing? Middle housing types can be either renter or owner occupied. Because of their smaller size and use of less land, middle housing types are less expensive to build, heat, and maintain than a typical detached house. This increases home ownership opportunities for people who cannot afford the cost of a larger detached house. Home ownership is the gateway to building household and generational wealth. Providing more housing through middle housing types can address the broader need that exists in the State of Washington for more housing units, housing choices and options to address issues like rising housing costs, displacement and homelessness. More housing choices and options means that moderate -income workers like firefighters, health care workers, and teachers may be able to afford to live close to work in the communities they serve. The smaller size of middle housing responds to changing demographic trend towards more people living alone or in households without children. In 2022, about 29% of all US households were one - person households. Allowing middle housing will also provide property owners with more flexibility in how they use and build on their own land. Homeowners may wish to add rental units to their properties to offset the costs of homeownership, enable them to age in place or to accommodate multi -generational housing needs. Additionally, allowing middle housing in low density residential zones will be a step toward reducing the type of exclusive single family zoning that has historically contributed to both higher housing costs and the exclusion of underrepresented populations in many neighborhoods. 3. Why is middle housing called "house -scaled" and what will middle housing look like? The term "house scale" means that the height, width and overall mass of middle housing types is very similar to the dimensions of most detached homes. For example, a house with 3,600 square feet of floor area on a 10,000 square foot lot is typical in many cities. A triplex on the same lot, with the same combined building dimensions, could accommodate three times as many households by providing three small units of 1,200 square feet each. With carefully written design and development standards, middle housing types like duplexes, triplexes, fourplexes and cottage housing can fit into the context of lower density residential neighborhoods of detached houses. Small and medium middle housing types fit easily into most residential areas because they are very similar to the size and look of existing detached houses. Those that are slightly larger (but still "house scale") can be located in selected residential areas near or adjacent to higher -intensity areas such as MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 2 72 mixed -use centers, transit nodes, commercial corridors and within or on the edges of downtowns, thus providing transition to detached and small middle housing. 4. How are Comprehensive Plan housing policies, including those related to middle housing, implemented by local regulations? Under the Growth Management Act (GMA) comprehensive plans include goals, policies and supporting narrative and analysis. GMA requires that development regulations not only be consistent with comprehensive plans, but actually implement them. Several important GMA comprehensive plan housing element requirements were added in 2021 by Engrossed Second Substitute House Bill 1220 (E2SHB 1220). For instance, the GMA State Planning Goal for Housing (RCW 36.70A.020(4)) was amended to read: "4. Housing. Plan for and accommodate housing affordable to all economic segments of the population..." The current goal significantly strengthens the previous goal, which was to "Encourage affordable housing...". E2SHB 1220's replacement of the prior verb "encourage" with the more active verb "accommodate" signals the legislative intent that plans and regulations are to provide more than just passive encouragement. The 2021 Housing Element amendments also made specific reference to middle housing types (using the term "moderate density housing") as follows: "(2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) ... (b) Includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences, and within an urban growth area boundary, moderate density housing options including, but not limited to, duplexes, triplexes, and townhomes; (c) Identifies sufficient capacity of land for housing including, but not limited to, government - assisted housing, housing for moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, permanent supportive housing, and within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes; ..." (emphasis added) Jurisdictions are required to address these middle housing requirements by their next required GMA periodic update deadline. This includes in both comprehensive plans and development regulations. For the eighty-two cities and four counties in the Central Puget Sound region, that deadline is MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 3 73 December 31, 2024. Growth Management Periodic Updates - Washington State Department of Commerce 5. Where is middle housing already happening? Middle housing was common in city neighborhoods across the United States, especially prior to WWII. Many of these middle housing types, built decades ago, are still part of many attractive and popular neighborhoods, such as the South Hill neighborhood in Spokane and the Maywood Hill neighborhood in Bothell. In recent years a number of Washington cities have amended their development regulations to facilitate middle housing in single-family residential neighborhoods. These include Bothell, Kirkland, Olympia, Spokane, Walla Walla, Wenatchee, Pasco and Ridgefield. The zoning regulations of some cities nominally allow middle housing in their single family neighborhoods. However, many such codes discourage or effectively preclude middle housing by requiring time-consuming, unpredictable and costly public hearings, such as conditional use permits, and the opportunity to appeal locally unpopular projects to city councils. Such process requirements tend to politicize the permit process and add delay, cost and risk to those wishing to construct middle housing. To remove this barrier to middle housing, the review and approval of such projects should be subject to the same administrative process that applies to detached houses. 6. Why should local jurisdictions plan for middle housing? Apart from meeting statutory requirements, there are practical reasons for local governments to plan for middle housing. The Washington State Department of Commerce estimates that the state needs to add 1.1 million homes over the next 20 years to accommodate projected growth. In the four -county Central Puget Sound Region alone, Commerce estimates the need for over 600,000 units by 2044. The Puget Sound Regional Council recently estimated that enabling middle housing could potentially add up to 200,000 units to the housing supply, which is a significant percentage of the overall need. Middle housing has other tangible benefits as well. It can offer a more sustainable and climate - resilient city by providing housing closer to employment, transit, and amenities, reducing long commutes and vehicle miles travelled, lowering greenhouse gas emissions and urban heat islands. Middle housing also supports the regional economy by increasing attainable workforce housing. Employers can better attract employees when more attainable housing options exist, especially in proximity to the workplace. It also contributes to the viability of neighborhood -scale businesses by enabling more customers and employees to live close to businesses that offer goods and services. . 7. People that need affordable housing won't be helped by middle housing. How will middle housing even be affordable? Middle Housing may not be affordable to households at lower income brackets but it can be attainable for people at_the moderate income brackets. Housing for lower income households generally can only occur with subsidies such as funding help from a non-profit group or a governmental agency at the federal, state, county, or city level. However, middle housing can be built MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 4 74 by the private market and provide options for people in the moderate income bracket. Actual costs will vary by jurisdiction, in large part based on the land cost within each community. Most cities and counties need both subsidized housing to meet the needs for lower -income households and other types of housing for households of moderate income levels. 8. Is middle housing more affordable than a detached house? Middle housing is less expensive to build, heat and maintain than single family detached housing. A middle housing unit uses less land area than a detached house. Each individual unit of a middle housing building type is typically smaller (generally 800 to 1,200 square feet per unit) in square footage than a detached house (often 2,500 to 3,500 square feet each). Other cost factors include the price of the land, specific housing type (e.g. a duplex vs a fourplex vs a townhouse), whether it is new construction or a remodel, amount of required on -site parking and local regional and sub -regional market conditions. These factors, and the increase in the supply of market rate housing created by enabling middle housing, can make housing available at lower cost than single family detached housing. This makes middle housing more attainable to moderate income households (above 80% of the area's median income). Middle housing also provides the opportunity to implement diverse housing configurations that can accommodate multi -generational households. Downsizing seniors, "empty -nesters" and small families who may also be drawn to middle housing near or in the same neighborhood where they have always lived. Additionally, research indicates that building "middle -priced" housing increases long-term regional affordability through a process called filtering. This means that; as new market -rate housing is built, higher -income people move there, leaving behind decent but older housing stock for those with lower - incomes. 9. Does middle housing "pencil"? The development industry has answered this question in the affirmative. Middle housing is now being built in communities across the State that have amended their zoning codes to allow these housing types. Examples are the cities of Spokane, Walla Walla and Kirkland. Statewide and regional organizations of builders and realtors have stated that there is a market demand and that the private sector will respond if more cities allow middle housing types. The feasibility and production of housing, including middle housing, depends on the "four L's" - lumber, labor, lending and land. The first three variables are outside the control of state and local governments, however, the fourth - "land" - is squarely within the purview of local governments. Cities in particular can influence and control the feasibility of housing through their development regulations (e.g., permitted uses, development standards and permit processes) and the public infrastructure they build and maintain (e.g., roads, utilities). MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 5 75 As noted above cities are directed by the GMA housing goal to "plan for and accommodate... a variety of housing types..." The GMA housing element directs cities to include plan policies to "include...mandatory provisions for moderate density options including, but not limited to, duplexes, triplexes, and townhouses." Adoption of middle housing development regulations, standards and processes is a way to remove barriers to implementing the GMA housing goal and provide the described moderate density housing types. 10. If allowed how soon would middle housing actually be built? It is easier to project the potential for middle housing development over the long term rather than over the short term. Assuming zoning reforms to city development regulations, the Puget Sound Regional Council has estimated that up to 200,000 middle housing units could be built in the four county region (King, Pierce, Snohomish and Kitsap counties) by the year 2044. This could average approximately 10,000 units of housing each year. While this would be a significant boost to the region's housing supply it would be spread over eighty two cities in four counties. Experience to date has shown that communities that have passed middle housing legislation have found that it is being developed modestly and gradually. Part of the reason for this is the small number of builders that have experience in developing this type of housing. This is expected to change gradually over time if more jurisdictions allow middle housing and more builders gain familiarity constructing this housing type. 11. Can a city still use design standards for middle housing? A city may choose to continue using design guidelines and design review boards for certain project permits (e.g., commercial development) but should not do so for middle housing. Permit review for middle housing would be similar to that of large -lot detached housing in most communities, which depends on objective design standards reviewed through an administrative permit process. Some design guidelines could be re -written to serve as objective design standards, without creating barriers to middle housing. The standards should be clear and objective, without the need for interpretation or be subject to inconsistent application. 12. Will middle housing be available as a rental or ownership product? Will lots with middle housing be subdivided? Middle housing can be delivered by a builder to the market as either a rental or home ownership product. A lot may or may not be subdivided depending on the housing market the property owner or builder is catering to, as well as on local development regulations which establish standards for lot size and other standards. Should a jurisdiction wish to encourage and facilitate home ownership, a local government may adopt development regulations that are commonly called "unit lot subdivision". Unit lot subdivision MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 6 76 development regulations allow for fee -simple ownership of each individual parcel, along with co - ownership of any shared spaces (such as a driveway) within the "parent parcel". Unit lot subdivisions provide a simpler way to subdivide land for middle housing units, compared to a condominium process. Alternatively, middle housing can be an ownership product by creating a condominium ownership. This is somewhat costly and time-consuming but is still an option. 13. Aren't builders the primary beneficiaries of allowing Middle Housing? Many builders, especially for small scale infill projects, are small businesses who construct only a few homes at a time. Like many small businesses, builders take risk and must compete with other builders to succeed. In constructing homes, builders must find land and negotiate sales prices with property owners, who themselves are seeking the highest price to sell their land. Builders also must compete for labor and trade workers, including subcontractors, and pay wages in a competitive market that currently sees a shortage of labor. The outcome is that the builders must be able to sell their product in a competitive environment against other builders, and existing housing for sale on the market. The price a builder will seek for their product will reflect this competitive environment, including whether the housing market has high or low demand at a particular moment in time and the availability of existing and new homes available for sale. A high profit margin, a profit at all, and even staying in business as was seen during the Great Recession, is no certainty. Most of us live in homes that were constructed by builders. That has given many households the opportunity to build generational wealth through equity in their homes. Builders also employ construction and trade workers and pay wages in a competitive market. The building industry itself creates employment benefits for those in financial services, real estate, house products (e.g., furniture) and much more. There is a great deal of economic benefit that results from the work of builders. We all benefit from the production of housing and adding more housing to the housing stock to address the State's needs. A December 2022 Statewide Washington State Department of Commerce/Puget Sound Regional Council (PSRC) survey found that Statewide, 76% of the respondents indicated that they are either directly affected or know someone who is affected by housing costs and availability in Washington. Middle housing responds to this concern. MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 7 77 14. What are some of the organizations that support middle housing? A variety of non-profit organizations have expressed support for adoption of state and local laws that would enable a greater supply of middle housing. AARP (formerly the American Association of Retired Persons) is the nation's largest nonprofit, nonpartisan organization dedicated on issues affecting those over the age of 50. AARP has indicated that walkable, small- to mid -sized housing that is affordable for middle income households cannot be found because it no longer exists in many places. AARP supports middle housing because it provides for size and affordability options that people of all ages - including older adults - very much need but often cannot find. The middle housing type can enable family members to live with or near one another while having their own space or residence. The League of Women Voters of Washington State is a nonpartisan political organization that encourages the informed and active participation of citizens in government. In 2023 the League of Women Voters of Washington State testified in support of a Middle Housing Bill before the State legislature. Likewise, the Habitat for Humanity Seattle - King County & Kittitas Counties, expressed its support for the 2023 Middle Housing Bill. Habitat for Humanity Seattle - King County & Kittitas Counties is dedicated to eliminating substandard housing locally and worldwide through constructing, renovating and preserving homes, advocating for fair and just housing policies and providing training and access to resources to help individuals and families improve their shelter conditions. 15. How will open space be addressed in middle housing development? Like other land uses, middle housing is subject to setback, maximum height, maximum lot coverage and other development standards adopted by the local jurisdiction. For smaller "house scaled" middle housing building types like duplexes, triplexes, fourplexes and cottage housing, setback, height and lot coverage requirements may be sufficient to address open space, much as they do for detached houses. Larger middle housing types may have their own unique open space requirements in addition to setbacks and maximum lot coverage. This might include a requirement for a common shared courtyard open space area. The local jurisdiction determines through its code requirements what type and how much open space is to be provided. MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 8 78 16. How will middle housing affect tree canopy? The effect of middle housing on tree canopies will depend on the regulations a local jurisdiction has in place for tree retention and replacement. In order to fit the context of a single-family neighbourhood, tree regulations for middle housing would be the same as for detached single family development. Some middle housing types, such as cottage housing and courtyard apartments, are well -suited to the placement of trees in commonly shared grounds. If required, these trees and associated landscaping can be maintained and protected through easements and covenants. In addition, jurisdictions should consider planting or protecting trees along the street in public rights of way, in designated open space areas, and on other publicly owned land. Communities that wish to address tree canopy issues comprehensively typically do so through a comprehensive urban forestry management program that addresses tree canopy priorities associated with all activities, not just housing development. 17. How does middle housing help respond to climate issues? Middle housing supports sustainable and resilient development practices by providing infill housing closer to employment, transit and amenities, thereby promoting walkability and transit -oriented development. These factors lower greenhouse gas emissions and urban heat islands. Middle housing types also use less energy than typical detached houses due to the configuration of relatively small living spaces with shared walls and/or floors. Middle housing types are smaller by design and require less energy to heat and cool, making them more energy efficient. 18. Can existing water and sewer infrastructure handle the additional units that middle housing will bring to our community? Not only does the GMA require jurisdictions to address housing element requirements in their comprehensive plans and development regulations, it also requires to adopt and update a capital facilities plan to address such needs as water, sewer and transportation. The capital facilities element is to inventory existing capital facilities and forecast future needs for facilities based on projected growth. A financing plan to provide the facilities over a six -year and 20- year time horizon is required. The GMA capital facilities plan requirement addresses growth associated with all housing types, not just middle housing. Middle housing does not mean that a jurisdiction will be accepting more growth. It simply means that a portion of the population and housing unit targets for the coming 20 years will be met in the form of middle housing types. Like any new development, middle housing may be required to pay impact fees or connection fees to help compensate for the cost of improvements to existing infrastructure. New development must also mitigate stormwater runoff per the local stormwater management requirements. MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 9 79 19. What will the impact of middle housing be on available street parking? As with any use, parking requirements will need to consider context (e.g., proximity to local amenities and transit and the availability of on -street parking). Also important will be the likely traffic generation given the typical household sizes of middle housing. Not as many people are likely to live in a small middle housing unit as in a typical larger single family dwelling and may not on average have as many vehicles. For this reason, some local jurisdictions have reduced off-street parking requirements for middle housing. In many locations, vehicle parking needs can be at least partly met on the street. Right -sizing off-street parking to meet actual needs is important because parking is expensive and consumes lot area. It is estimated that the cost of each parking stall ranges from $30,000 on grade to $90,000 in structure, while the amount of land required for on grade parking can be as much as 350 square feet. Added cost for parking will affect the price point of each middle housing unit and trying to accommodate too much parking on site will make it infeasible to accommodate a viable number of units. Reduced parking also provides additional space on the property that can go towards site amenities such as decks, patios, landscaping and trees. 20. How can I get involved in discussing changes to middle housing policies and development regulations in my community? The Growth Management Act emphasizes early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations. Local jurisdictions have processes to provide public notice and inform the public of plan and development regulation amendment proposals. Amendments to comprehensive plans and development regulations also include a public hearing, typically before the planning commission and/or the city/county council. You should contact the local jurisdiction for further information about their public participation procedures and for ways you may get involved. 21. Will allowing middle housing make single-family homes in my community illegal? Allowing middle housing as a permitted type in a zoning district will not make single-family homes in that zoning district illegal. Expanding housing choices for those living in our State does not mean reducing the choice for those who wish to build, remodel or live in detached single-family homes. MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 10 80 22. Will middle housing solve all of our housing needs? The extent of housing need in the State is so great that no one strategy alone will solve all housing needs. It will take a concerted effort involving the implementation of a range of strategies to address the housing crisis the State faces. Both the private and public sectors will need to deliver housing, each serving different types of needs. The private market typically will deliver housing for those at moderate to higher income levels; public sector assistance is usually needed to deliver housing for those at the very low end of the income scale through incentives, subsidies, funding and coordination with non-profit and other housing developers. Middle housing should be seen as one of many strategies needed to address statewide housing needs. A primary reason more and more Washingtonians cannot find homes they can afford is the underproduction of housing that has occurred for at least a decade. Middle housing provides a housing type and choice that has been missing from the housing stock for decades and will allow for more efficient use of land in our communities. Middle housing allows the private market, in particular, to deliver this housing type as part of an overall response to addressing housing needs. 23. Can middle housing lead to gentrification and displacement? Will middle housing displace existing affordable housin g Gentrification is a process of neighborhood change where higher -income and higher -educated residents move into a historically marginalized neighborhood, housing costs rise and the neighborhood is physically transformed through new higher -end construction and building upgrades. The outcome is the displacement of vulnerable residents. Gentrification is caused by many factors that go beyond a housing type. A core driver of gentrification is a strong demand for central city living by more affluent households, which in turn drives up housing prices in central city neighborhoods. Certain types of public investment in marginalized neighborhoods may also contribute to gentrification by making the area more attractive to live, especially by wealthier households. But gentrification can, and has occurred, regardless of whether middle housing is or is not allowed. In preparing their comprehensive plans and development regulations, the GMA Housing Element now requires that jurisdictions identify areas that may be at high risk of displacement and also adopt anti - displacement policies. The need for such policies is substantiated by the 2022 Puget Sound Regional Council/Washington State Department of Commerce Statewide housing survey that found that 14% of the respondents were forced to move in the last five years due to costs, eviction, or foreclosure. Middle housing can help mitigate displacement. One strategy to minimize displacement is to expand the housing stock. Expansion of the housing stock allows more opportunities for households of all MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 11 81 incomes to find housing they can afford, while also addressing rising housing costs that leads people to move or experience foreclosures and evictions. MIDDLE HOUSING FREQUENTLY ASKED QUESTIONS 12 82