Posts in Seattle Land Use Code
Seattle is about to roll out a brand new zoning designation, Residential Small Lot. Is it filling a gap, or creating one?
RSL Walk ups and cottage developments create a neighborhood within a neighborhood. 

RSL Walk ups and cottage developments create a neighborhood within a neighborhood. 

Seattle is facing a housing shortage, a climate crisis, and an increasingly inequitable city. Allowing more dwelling options, at various sizes and price points, is a great strategy to combat all three. Enter the Residential Small Lot Zone, Seattle’s attempt to add less expensive dwellings in dense, amenity rich urban centers without disrupting the historical fabric of single family detached houses. 

As part of Mandatory Housing Affordability (MHA), Seattle is rezoning many of the Urban Village parcels currently zoned ‘Single Family’ to ‘Residential Small Lot‘ (RSL). RSL exists under the code right now, but is applied to only 7 acres of zoned land in Seattle and has narrowly defined housing types and restrictions that have kept it from wider acceptance. Under MHA, RSL will be expanded to 768 acres and include about 6200 Single Family Lots. The proposed code has been rewritten from the ground up, so let’s dig in and see what it is likely to produce for Seattle’s neighborhoods. 

Function

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Reading the definition of RSL, it is hard not to feel sorry for this hard working zone.

It has to be a little of everything to everyone. It is uncommon for a zone description to get into issues of affordability, children, and the desires of its residents. We don't expect the description of General Industrial 2 (IG2) to make judgments about dockworkers’ life choices. Or Downtown Office Core-1 (DOC-1) to wonder about whether people in Downtown Office Core 2 (DOC-2 ) feel development there is appropriate.

Nevertheless, it exposes a question. What is the mission of RSL? Is it a transition between Residential zones? Is it meant to capitalize on the proximity to urban centers by putting residents close to amenities, jobs and transit? Is it fighting displacement, or fostering density? What need does it serve, and what is the positive vision of that zone? Right now, it is formulated with a little of everything, including some new stuff, and takes elements from single family, multi family, bridges residential and building code with a dash of high minded mission to address family housing and affordability.  It is a little like this: 

RSL.  Not elegant, but adapted to its environment.

RSL.  Not elegant, but adapted to its environment.

The Nitty Gritty: What does it look like on paper? 

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What does RSL look like? 

Before RSL zone, this Single family zoned street has 28 dwellings. 

Before RSL zone, this Single family zoned street has 28 dwellings. 

And again, after a generation of development doubles the number of dwellings:

57 dwellings on the street, double the current density, but not much change at street level. 

57 dwellings on the street, double the current density, but not much change at street level. 

Prototypes for RSL Zoning

We've taken the liberty to suggest some prototypes, based on traditional 'missing middle' multifamily, optimized for this zoning.  

Bungalow Court (or the Walk Up Model) 

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For lots greater than 11,699 sq.ft, this bungalow court has (6) 3BR 1466 sq.ft. primary units, and (6) 733 sq.ft. 1 or 2BR ADUs.  This walk up is really a module that can be arranged into twos, threes, any grouping based on density limitations. 

Double Up Duplex

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Our idea is for a stacked duplex, 1500 sq.ft. configured for an ADU, optimized for the allowable FAR on a minimum 4000 sq.ft. lot. We'd target Passivhaus green building standard, integrate green roof, pv, and rainwater catchment.  

Alternative configurations for ADUs, or future co-housing options. 

Alternative configurations for ADUs, or future co-housing options. 

Recommendations for code tweaks!

Here are fourteen ways we can improve the Seattle’s MHA’s totally rewritten Residential Small Lot zone, BEFORE it goes into effect:

1.Exempt RSL from MHA fees. New dwellings created in the RSL zone will be subject to MHA, but will anyone built a rent restricted house? No. Therefore, fees due at permit issuance could be as high as $45,650. It will have a dampening effect on any homeowner looking to build a second house on the back of their lot. Many of those homeowners will build an ADU instead (not subject to MHA fee), eliminating the upside of more smaller homes in the marketplace. 

 

2. Allow ADUs to function as MHA performance! MHA performance is 50% for lots under 5699 sq. ft.. Meanwhile ADUs are by definition limited to a smaller size, and making them affordable would be closer in spirit to the original intent of the ordinance.

3. Eliminate new Maximum Net Unit Area limit. Maximum Net Unit Area is a new, unique limitation that only applies to this zone, and nowhere else. It is Floor Area per Unit, and it is often in conflict with the Floor Area Ratio (FAR) for the parcel. There are no MNUA exceptions for existing houses or additions, meaning many of Seattle’s classic bungalows in RSL zones will suddenly become non-conforming, unable to do a ‘bump out’ or even a SECOND story addition. Because basements count toward MNUA, but not FAR, expect a lot of new buildings with basements apartments. 

A basic RSL block reveals surprising inflexibility unless you want to add a second dwelling

A basic RSL block reveals surprising inflexibility unless you want to add a second dwelling

The owners could only do a 230 sq. ft. addition. Not a second story. They could however build a new dwelling behind it up to 2200 sq. ft.

The owners could only do a 230 sq. ft. addition. Not a second story. They could however build a new dwelling behind it up to 2200 sq. ft.

4. Start FAR at 1, give .25 bonus for more dwellings. The FAR is .75, lower than any Low Rise zone, and effectively lower than Single Family zoning (only governed by height and lot coverage). If RSL is meant as a transition between multifamily and single family, it is more restrictive that both.

5. Lower the density ratio to 1 to 1500. Fourteen percent of the newly minted RSL lots will not even support a second dwelling. Why go through this process then wipe the development capacity of 900 lots off the table? Rounding up for density at 1.85 * 2000SF means any lot under 3699SF is still a single family lot, but MNUA effectively limits all dwellings to an FAR as low as of .59.

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6. Allow more than one Accessory Dwelling Unit (ADU). All these lots are in urban centers, where we are planning to put almost all our growing population. Many lots or owners aren’t going to want to built a full second dwelling. Meanwhile, SFZ will soon allow two ADUs per primary residence. This flexibility will preserve many existing houses, and provide homes for new residents right in the urban villages.

7. Exclude ADUs from MNUA. An accessory dwelling unit counts against the MNUA, meaning many average houses wouldn’t be able to build a cottage without sacrificing square footage in the primary house.

8. Resist the urge to Design Standard. The two Design Standards for RSL are ridiculous. Different color walkways to the house in back? Why? We don’t expect such ham fisted wayfinding in multifamily zones where there’s likely more front doors. One of the great strengths of the proposed code is that it did away with the many of the restrictive types, like ‘tandem housing.’ Let’s not dilute it with well meaning micro management, only to find out that we’ve created a less than graceful solution (remember the platypus!).

9. Allow exceptions from MHA when preserving existing houses. Subdividing existing houses into multiple units will be penalized by the Design Standards, and be subject MHA fee, at the full price for the area of units. The MHA fee calculation is gloss floor area/total units X net increase of units. A 3000 sq ft house, converted into a triplex from single family, would pay MHA on 2000 sq ft as if new, or up to $41,000. That neither incentivizes preservation or the creation of more affordable housing. 

This is a triplex.  Converting it under the MHA regime would cost tens of thousands of dollars in MHA fees in addition to the requirements of retrofitting.

This is a triplex.  Converting it under the MHA regime would cost tens of thousands of dollars in MHA fees in addition to the requirements of retrofitting.

 

10.Take out limit on number of apartments. The stigma of apartment living results in one of the most efficient (and revered) forms being outlawed. The code is clear: RSL outright outlaws more than three apartments regardless of lot size. No cute Capitol Hill fourplexes.

This fourplex is not allowed under the new RSL zone. 

This fourplex is not allowed under the new RSL zone. 

11. Eliminate owner occupancy requirements. We don’t require owners to live on site in other multifamily zones, owner occupancy requirements will severely limit the number of accessory dwelling units and they reinforce a fundamentally class based stigma against renters.

12. Change all residential zones to ‘Residential’. We now have three titles for zones where residences are the only use; Single Family, Lowrise, Residential Small Lot. While RSL is being treated as a unique bridge between SFZ and LRZ, it should be part of a continuum of dwelling per square foot. Streamline!

13. Amend Seattle Residential Code to cover up to four apartments. Building codes switch to the more demanding SBC for anything more dense than a duplex and ADUs are considered as such. When buildings should be getting more efficient, like stacking a third apartment on top of a double decker, there is a quantum leap in construction cost, driven by code compliance.

14. Allow Live Work and Corner stores. In midrise zones, having residential suites at the street level seems forced. Two blocks from the center of an urban village, having an office space legible from the street makes total sense. Allowing corner stores would expand the walkshed so more people will walk to pick something up, rather than drive to a supermarket.

Neighborhood institutions start with entrepreneurial neighbors. Give them a place.

Neighborhood institutions start with entrepreneurial neighbors. Give them a place.

The Future of Seattle's Tomatoes in doubt?

How the Code currently allows a bigger house than any conceivable house plus DADU option

Will Seattle’s move to make more Backyard Cottages lead to a more sustainable city or just amplify environmental impacts?


You might think that more DADUs would lead to more environmental impacts—after all, construction takes fantastic amounts of resources (including capital). Being in the backyard, DADUs should increase of impervious area, lead to the loss of tree canopy, compound parking conflicts, and stretch City services even thinner, right? Isn’t the shadow of neighbor’s potential cottage going to forever keep me from growing the perfect heirloom tomato?


Last month, Marty Kaplan, under the aegis of the Queen Anne Community Council QACC, appealed a SEPA Determination of Non-Significance (DNS) with regard to changing certain characteristics of the Accessory Dwelling code.  


Right off the bat, it is important to clarify that a DNS doesn’t state that there will be zero environmental impact, but as city wide code, it is impossible to evaluate impact on each individual lot without a real project associated with the lot.  This is a ‘Non-Project Action.” While you may be affected by something built next door, until there is a project conceived there, the City has no method to evaluate its environmental impact. In fact, the original backyard cottage ordinance was given a DNS, an inconvenient fact not lost on the Kaplan, since he helped craft it while on the Planning Commission.  


Today I finished testifying on behalf of the City on the Appeal, to establish a plain truth: Even if the City could evaluate the site by site impacts, they would show the City allows any single house to be much larger than any combination of house + DADU. Additional DADUs or larger DADUs are a reduction of environmental impact in comparison. 

Furthermore, the number of people allowed to live there stays the same (8 people per lot), although more of them would be new renters much to QACC’s dismay. Energy code, tree protections, stormwater code, etc all stay the same under the new code. The impervious area actually goes down--by eliminating the parking requirement. How can there be significant environmental impacts, if the rest of the code is identical and the only difference is the number of families (not people allowed) per lot?


The SF zone is a zero sum environment—there is only so much buildable area, and if you choose to build a cottage, its lot coverage must deduct from the maximum size of the main house.  And because it can’t be as tall, there is less available volume. It is a prima facia case, and in my mind, underlines the DNS. 


As a proxy for all the land use regulations, we created a schematic diagram to illustrate the potential buildable envelop as a single family house, house with an accessory structure, and a house with a DADU.  We repeated the diagram under the new ordinance.  In all cases, the biggest volume was the solitary single family McMansion allowed by right today. 
You only need to walk by a tear down house replacement and a backyard cottage to understand how the argument about which is better per QACC’s concern about neighborhood character is inverted.   The QACC’s exhibits inadvertently made this exact point by showing an entire street of adorable bungalows replaced en masse with windowless 35’ blocks, completely obscuring whatever cottages in the backyard. 

Which is where the tomatoes come in the picture.  One witness testified that if the ordinance goes through, and cottages were built on all sides of his small lot (possible, but very, very improbable), there wouldn’t be any sunlight left for his tomatoes.  He should be all for the new code—every new cottage built is a hedge against a speculative developer tearing down the old bungalow and putting up a maxed out single family house. And that which would really put his garden in the shade. 


Seattle Backyard Cottages - What's all the fuss about?

Over the past year the Seattle City Mayor and City Council have been working on changes to portions of Seattle's zoning codes that deal with back yard cottages and mother in law units in single family neighborhoods. The changes are hoped to encourage greater density and a wider variety of housing options, including more units for lower income families.

In response to the proposed changes the Queen Anne Community Council (QACC) filed an appeal in an attempt to block the legislation. The appeal is set to be heard on this coming Wed. 8/31/2016 at 9:00am.  

It is hard to guess how the appeal will go and how the timeline for the changes will play out but here are our thoughts...

  • The Appeal succeeds -
    • If the QACC's appeal is successful it will most likely have a significant drag on the timeline for the changes. We believe that some change will still likely occur however, it appears that the mayor and city council has the will to push the proposed changes regardless of the outcome of Wednesday's hearing.
  • The Appeal Fails -
    • If QACC's appeal fails it will help clear the path and speed up the proposed changes. That said there seems a good chance that the QACC (or someone else) may try another tactic to stall or block the changes if this one fails. Because of this is hard to know how long any changes will be delayed.

  

Of the proposed changes on the table, if we were placing bets, here's what we expect to pass council vote whenever that may be -

  • Highly Likely - 
    • Increased max gross floor area for cottages
    • Increased max height limit for cottages
    • More flexibility for entry locations
    • Reduction of parking requirements
    • Easing of lot size requirements
    • Easing of rear yard coverage requirements
  • Possible -
    • Total elimination of parking requirements
    • Garage area does not count toward total max gross floor area
    • A sunset clause for Owner Occupancy (we expect 3or more years on this one)
  • Unlikely -
    • ADU + DADU on same lot
    • Complete removal of Owner Occupancy Agreement

Stong support for more Backyard Cottages

Wow, strong support for all of the changes to the DADU / backyard cottage code!

Last night, CM Mike O'Brien and Nick Walsh from the city planning office had an open house to take the temperature of the community with regards to a series of incremental revisions to the DADU code.  Some of the proposed changes on the table, plus results from the straw poll as of the beginning of the meeting: 

25 for/ 9 against eliminating the owner occupancy requirement

23 for /6 against allowing a DADU and an ADU on the same lot (and possibly change the number of unrelated persons allowed to live on an Single Family lot.  

14 for / 5 against /13 maybes for Increasing the Rear Yard Coverage allowed

28 for/4 against eliminating the parking requirement

I didn't get the tallies for the height limit increase and other development standard improvments but they were also supported by a plurality.  

The reception was generally positive and civil, and more importantly according to the straw vote for the various measured, there was overwhelming support for all of the provisions.  

Next open house is 6 pm, February 3rd at the Wallingford Community Center. 


Why aren't we seeing more Backyard Cottages?

In a city where the land use policy discussions are centered around density, the lack of new housing units, affordability even rent control and sustainability, why aren't Backyard Cottages more popular and more prevalent?  

On Thursday, I'll be on a panel discussing the state of Seattle's Backyard Cottages with City Council from 12-1 pm.   The premise of the 'Lunch and Learn' is one, to assess the status of current planning efforts and two, look at some alternative strategies from Portland.  

--Matt

 


Multi-family code passes 9-0

A triumph for the 'Seattle Way'--years of contentious hearings, studies, tweaks resolve into ultimately a unanimous decision.  There is a certain super-tanker inertia about the city process that eventually prevails but it does it take a quite a while to steer the ship of state toward higher goals. Big thanks to Councilmember Sally Clark, the DPD staff, and CORA supermen:  Brandon Nicholson, Bradley Khouri, and David Neiman.

New Multi-family code: vote on Monday?

L3-max-front-NE-2The new Multifamily Code is scheduled to come up for a vote before Council on Monday.  After years of process, hearings, and work shaping the outcomes, the new code will have some new attributes geared toward more flexibility in heights, parking, setbacks, and density.  It disincentivizes the '6 pack' townhomes everyone dislikes and gives out bonuses for green building, designs that hid parking and give a better streetscape.

For those of us who participated in the sausage-making legislative process over the years, it is great to see that it will finally come up for a vote.  If you want to see the vote, and who wouldn't, it will be at City Hall at 2pm Monday.

BACKYARD COTTAGES PROFILED ON THE SEATTLE CHANNEL

The Seattle channel recently interviewed myself and CAST clients Kate Lichtanstein and Ric Cochrane regarding the backyard cottage we are currently working on together. They included our project in a broader story that profiles an owner of a recently completed backyard cottage and gives a basic outline of the new Seattle backyard cottage ordinance.

Seattle Channel Video can be played in Flash Player 9 and up
SEATTLE BACKYARD COTTAGE QUICK START GUIDE

UPDATED AUG. 8th 2019

Now that the new legislation is in place we’ve updated Quickstart Guide for 2019. Please keep in mind that this information is intended as a high level primer for the code that governs backyard cottages in Seattle… It should only be used as a basic starting point for planning. If you would like to move forward with the design and permitting of a backyard cottage for your home we recommend careful scrutiny of the entire ordinance and the assistance of an architect or design professional.

Download guide as a printable pdf

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Demographics of a Seattle Backyard Cottage

demographicsWe've seen an unexpected level of interest in backyard cottages in the 2 months since the new ordinance has been in effect. Perhaps the most interesting thing about the projects is the diversity of needs for each one... We have a young couple with a small house on a large lot that would like an outbuilding with a workshop and guestroom. We have a couple planning to build and occupy a cottage in their backyard in order to open up their home for their children and grandchildren to live in. We have a third couple who have separated but are committed to raising their children together. They currently live in the same house and believe that adding a backyard cottage to the property will maintain the proximity they need to raise their children together while providing them the space they need as individuals.

In a bit of a surprise, we have yet to see anyone looking to build a cottage for the sole purpose of rental income. Although one of the guys here at the office has been running the numbers and is strongly considering building a cottage for rent in his backyard.