Middle housing proposal passes House panel with changes

OLYMPIA – A proposal to legalize denser zoning laws statewide has cleared its first hurdle in the Legislature but looks a little different from its initial draft.

The bill, sponsored by Olympia Democrat Rep. Jessica Bateman, would require cities to expand what types of housing can be built on residential lots. The most recent version would affect fewer cities than what was in the initial proposal, which would have required all cities of 6,000 or more to allow up to fourplexes on all residential lots.

In the amended version, cities between 25,000 and 75,000 people would be required to allow at least duplexes on all residential lots; at least fourplexes on all lots within a half-mile of a major transit stop or community amenity such as a school or park; and at least fourplexes on all lots if at least one unit is considered affordable housing.

For cities with at least 75,000 people and cities with an urban growth area with another city of more than 200,000 people must allow fourplexes on all residential lots; sixplexes on all lots within a half-mile of a transit stop or community amenity; and sixplexes on all lots if at least two are considered affordable housing.

Bateman told the House Housing committee on Tuesday that the changes make the bill easier for cities to adopt.

“It enables private property owners to choose whether they want to build middle housing,” she said.

The amended proposal passed out of the House Housing committee 8-3 on Tuesday. Three out of the committee’s five Republicans voted against the bill. A companion bill in the Senate, with similar amendments, is scheduled for a vote Wednesday.

The proposal has bipartisan support in both chambers as the Legislature looks to tackle the growing need for housing across the state. Other housing proposals include expanding where accessory dwelling units can be built, providing rental assistance, prohibiting huge rent increases, revising the state guidelines for cities’ population growth and changing rules around condominium citing and construction. Gov. Jay Inslee has also made housing a priority this session, pushing for a $4 billion referendum to allow the state to increase its debt limit to build more affordable housing.

Republican co-sponsor Rep. Andrew Barkis, R-Olympia, called the bill the “centerpiece” of housing legislation this year. He said there are still some pieces in the bill being worked on and that’s why a few of his Republican colleagues voted against it.

“That’s very common when you have a policy that has this much substance,” he said.

This is the second year the middle housing bill has made its way through the Legislature, but it has received pushback from local jurisdictions who say they do not want the state mandating their zoning laws.

A number of cities in the state, including Spokane, have already changed their zoning laws to allow for more density in urban areas similar to what this bill requires. Last summer, the Spokane City Council approved a temporary zoning ordinance to allow duplexes, triplexes, quadplexes and townhomes on all residential zones citywide for a year.

The city of Spokane Valley, on the other hand, is against the proposal. Councilman Arne Woodard testified last month that a number of cities have already worked to improve their zoning laws and this bill could undermine the careful planning they’ve done. For example, Spokane Valley in 2020 approved zoning changes that allow 10 units per acre within a quarter-mile of frequent transit stops.

Opponents of the bill also had concerns about maximum parking requirements in the bill, but those have since been updated in the amended version. The current version allows cities to require one or two off-street parking spaces per unit.

If passed, cities must begin complying with the bill within six months after their next comprehensive plan update.

The changes in the bill are supported by legislative leadership in both parties.

House Majority Leader Joe Fitzgibbon, D-Seattle, said lawmakers have tried to find common ground with cities on this issue, and the changes in the bill reflect that.

He said he supports an aggressive approach to fixing the housing crisis but acknowledged that cities face difficult choices.

“Our goal is to make their job easier by setting a floor,” Fitzgibbon said.

House Minority Leader J.T. Wilcox, R-Yelm, said this bill has received hearings that brought forth concerns from people all over the state and the amended version of the proposal reflects that.

“I’ve said from the first day that in concept, we are supportive of the middle housing bill, and I’ve also said that that bill’s going to have to evolve,” Wilcox said.