Neiman Taber Architects is proud to announce we have promoted Anton Dekom to principal and Sari Ellis to senior associate.
Anton Dekom, Principal |
Sari Ellis, Senior Associate |
Neiman Taber Architects is proud to announce we have promoted Anton Dekom to principal and Sari Ellis to senior associate.
Anton Dekom, Principal |
Sari Ellis, Senior Associate |
Over the last 15 years, Seattle has steadily transformed our land use code, with every few years bringing another cycle of change and more intensive development.
Multifamily zones were revamped to allow more flexibility and introduce a variety of new housing types. Mandatory parking requirements were eliminated in huge portions of the city. Micro-housing emerged in a new 21st-century format, was subsequently banned, and later reinstated. Inclusionary zoning was enacted, requiring new development to pay for affordable housing. With it came major up-zones in areas that would have been politically unthinkable just a few years prior.
These earlier changes pale compared to what is on the table in this cycle. Exclusive single-family zoning has been eliminated. Period. Full stop. It will no longer exist. Neighborhoods once reserved for single-family homes will now allow four townhomes on every lot. In addition to swallowing that nugget, the body politic is also being asked to digest a substantial number of rezones in new neighborhood centers and along every frequent transit route in the city. And unlike what we have seen in the past cycles, powerful wealthy neighborhoods have not been excluded from these changes. Unsurprisingly, homeowners in these areas are having trouble with the concept. Most of these changes are driven by state level mandates and obligations under the growth management act, but some are the result of a progressive, pro-equity, pro-housing agenda championed by the Office of Planning and Community Development (OPCD) and the Mayor’s office.
The details of this proposal have been out there brewing for a while, tracked mostly by housing nerds and interest groups. But over the past month, the knowledge of these changes has become much more widespread, and the collective freak-out has begun. The public comment period for the OPCD prepared portion of the plan ended on December 20. All of those comments were compiled, aggregated and sent to the City Council to begin their work on refining and approving the final version. The first public meeting on this topic was held by the council today, with many more to come.
This is a different city council than what we’ve had in the recent past. They are less in tune with the pro-housing crowd and a bit more sympathetic to the slow growth, save-the-trees, NIMBYish side of this conversation. How they will square their beliefs and their district politics with the plan laid before them is an open question.
Over the next six months we are going to hear a lot of tired old tropes argued ad nauseam and at full volume. In the interest of not boring either the reader or the writer, I will skip over a summary of these issues. Instead, I’ll focus on what I believe are the key issues that will most impact building quality and the city’s urban fabric.
Rezone equitably versus focus on real world impact.
The current rezoning proposal creates LR3 50-foot apartment zoning along the length of frequent transit routes throughout the city. A lot of people with fancy houses in expensive neighborhoods have woken up to discover that someone can build an apartment next door. This is the source of the most homeowner anxiety and the biggest political headache for the city council.
I understand the equity principle behind the proposed zoning. It has merit. But it’s also largely an empty gesture. You can change the zone to anything you want, but if the existing home on the site is worth more than the land, no developer will be interested in buying. In many of these areas the homes are worth substantially more than the dirt underneath.
In addition, the economics of building apartments in LR3 are quite difficult. The sites most likely to be developed are large parcels (15,000 sf or more), with frequent transit service, and good utility service that does not require main extensions. Many of the new upzoned areas would be unlikely candidates for redevelopment for these reasons as well.
While the actual changes created by the up-zoning are mostly imaginary, the backlash is real. This means that it costs real political capital to enact these changes with no corresponding benefit to housing production. The pro-housing bloc is not working with infinite political support. I think it would be wise to trim the sails of these symbolic rezones to areas where basic real estate economics might plausibly support future redevelopment.
Parking. How much to require? How much to allow?
NR zones will now allow 4 units per lot. The kind of housing we hope to see at this scale is ground-based housing, where the homes enjoy meaningful connection from the interior living areas to exterior open space. The success of any given project hinges on the open space design, and the success of the open space design is largely driven by the amount and location of the parking. Put more succinctly, good housing requires a good parking solution.
The current proposal will require two parking spaces for a 4-unit development, effectively doubling the amount of required parking on-site. For sites without alley access this results in lots of site area lost to driveways and parking. In addition to mandated parking minimums, there is also the issue of what the market desires. Any spec builder or real estate agent will tell you is that the typical buyer wants a parking space with their unit, so a typical new townhouse provides 1:1 parking. For a site without alley access, this results in an auto-court almost every time. So, if we don’t want to see 4-packs springing up throughout the NR zones, what are our options?
1) Don’t require parking for sites that don’t have alley access. This one is simple – don’t create a requirement for which there is no good design solution. This would relieve mid-block sites from being forced into a parking court solution. If we want to go further down this road…
2) Don’t allow parking in the middle 1/3 of the site. This would essentially prohibit parking courts that fill the site with driveway in lieu of gardens and open space. This would significantly improve the quality of the resulting housing. Developers who want to respond to consumer preference and neighbors who want to protect access to their existing street parking would both be appalled by this idea. But if you want the best result for the housing and the streetscape, this is the right solution. A less draconian version of this would be…
3) Only allow parking in the middle 1/3 of the site only if covered by an open space lid. This would encourage this kind of courtyard housing project. This would only work if SDCI and the fire department cooperated to create a code path to approve these projects in a predictable fashion using Type V wood construction. Editor’s note: we designed several projects like this in the past, but each one was costly, risky, and time-consuming to get approved.A lid over the drive aisle can transform a drab 4-pack into a open space courtyard. But this type of project is only possible with cooperation and encouragement from SDCI |
Design Standards. Can good design be prescribed?
It is widely recognized that prescriptive zoning regulations are not an effective way to foster good design, and that the rigid nature of such rules almost inevitably produces unanticipated and undesirable results. The new design standards proposed for Seattle’s Residential zones fall squarely into this category. As proposed, they will inevitably result in uninspired cookie-cutter designs; they will strip homeowners of basic agency over the look and feel of their homes; they will constrain designers in ways that make excellence more difficult; and will generally produce results that run contrary to their intended purpose.
Known bad ideas like design standards get proposed because the idea of allowing more intensive development is terrifying to the public and so policymakers are tasked with “doing something” about it. If that something turns out to be ineffective and counterproductive…well then the results can be blamed on greedy developers and their kin.
While I would prefer that we just throw the design standards out the door and replace them with nothing, I recognize the political need for policymakers and politicians to address the public’s desire for the code to contain sufficient guardrails. There is a productive way to do it:
A points-based system that could be used in lieu of design standards for NR and LR zoning. This system would avoid any rigid mandates while encouraging applicants to incorporate desirable architectural features. Applicants would choose from a list of widely recognized beneficial design elements. Each of these elements would be assigned a point value, and applicants would need to score a certain number of points to comply. This approach would promote the inclusion of desirable features while maintaining the flexibility necessary to accommodate a variety of project types, site conditions, and architectural styles.To refine the system, existing buildings can be evaluated against the rubric, creating a testing ground that ensures the guidelines are achievable and effective.
See this memo for a more detailed description of this idea.
Design Review is over. What now?
The existing design review program we have now has been rendered completely unworkable by HB 1293, which requires design review guidelines to be concrete and objective, limits public meetings, and requires the process to be concurrent and logically integrated with the permit review. What the city will propose in its place is anyone’s guess. They can continue to require applicants to attend a public meeting, but since application of subjective guidelines is no longer permitted, there is no role for a design review board in responding to public comment or application of the guidelines. Nor can approval of the concept at the public meeting be a rite of passage on to future phases of the project, since there can be only one required meeting and that must be integrated into the approval process.
Its a given that high-stakes public meetings and board approvals are a thing of the past. They can either be replaced by meaningless theater, or by nothing at all, but either way they will no longer function as a means for boards and planners to integrate public comment, community sentiment, and regulate design quality.
In its place, policymakers and politicians may be tempted to replace design review with a host of prescriptive new guidelines. This would be a disastrous approach for all the reasons discussed in the design standards above, but these mistakes would also be writ large onto major public buildings.
A points-based system like the one described above could form the basis of a design review program that would meet the requirements of HB 1293 to provide “clear and objective development regulations” that includes “ascertainable guidelines by which an applicant can determine if the building design is permissible”. Shoreline’s design review program has some elements that can provide a starting point. The features described here could be a decent starting point but would have to be adapted a bit for the kinds of design issues most salient for larger commercial and mixed-use buildings.
What Else?
Honestly, there are countless other consequential issues on the table. Should MHA be applied to NR zoning? Or should it be removed from LR zones? Should fractional density calculations round up or down? Should ECA areas be included in density calculations? Should FAR go up in NR zones along with the density? How will departures be handled in a world without design review? But I’ve got to stop writing at some point. We’ll discuss more on these other topics as they come up at council.
Today, Liz and I had the unique opportunity to visit the mayor's office for the signing ceremony of new legislation complying with House Bill 1998. This landmark bill requires cities to permit co-living (also known as congregate housing or microhousing) in any zone where multifamily housing is allowed.
This moment marked the closing of a narrative arc that began in 2014, when anti-microhousing rules first entered the land use code. Over the years, anti-microhousing sentiment gave birth to increasingly restrictive code interpretations, director’s rules, and agency policies. What started as a steady stream of microhousing development dwindled to a trickle and, eventually, to nothing at all.
For the past decade, I’ve spent countless hours on this issue—writing articles, developing projects, giving tours to public officials, strategizing with councilmembers and the mayor's staff, debating with the building department, and making my case to the construction code advisory board. In all that time, I didn’t move the needle even a fraction. I often felt we were winning the argument on merit, but it seemed clear that no one was willing to spend an ounce of political capital to reverse the damage already done.
This year, everything changed. With the passage of HB 1998, the Washington State Legislature bypassed city-level resistance entirely, mandating that cities allow co-living in any zone permitting multifamily housing of six or more units. In one sweeping move, Seattle’s microhousing ban was not only undone—it was effectively nullified for every city in the state.
This outcome didn’t happen by magic. It was the result of work by many dedicated individuals. The policy wizards at the Sightline Institute crafted the legislation, built coalitions, and rallied sponsors. Representative Mia Gregerson and Senator Jesse Salomon championed the bill, lending their names and political capital to its success.
The tours we gave to officials like Mia and Jesse played a role by demonstrating how co-living buildings could be both affordable and desirable places to live. Liz Pisciotta from our office designed the interiors that humanized these spaces, making them warm, inviting, and approachable. Her work undoubtedly helped seal the deal.
Development partners and clients like Ezra and Selome Teshome, Brad Padden, Dave and Sara Sharkey, Charlie Waterman, and Ken Tousley also deserve recognition. Their belief in our vision helped us create projects that demonstrated what co-living could achieve.
And no list of credits would be complete without recognizing Roger Valdez. Roger was the pioneering advocate—the Ur-advocate—of microhousing. He laid the foundations of the economic and moral case for microhousing that brought us to this moment. He did so long before it was popular, and often in the face of overwhelming opposition. By the time the rest of us were getting suited up, Roger had already been in the arena for years.
Roger wasn’t one to prioritize politeness or winning friends, and people like that don’t often get invited to shake the mayor’s hand. But make no mistake—Roger deserves a tremendous amount of recognition and credit for getting us to this season.
Speaking of hard truths…
While this legislative victory is significant, the path forward remains challenging. Over the past decade, Seattle missed the chance to build thousands of microhousing units during an economic upcycle. Now, although the zoning obstacles have been removed, the broader economic and regulatory environment makes development almost impossible.
For one, skyrocketing costs are a major barrier. The recent leap forward in energy code requirements has added about $25,000 to the cost of building each new unit. For standard apartments costing $250,000 per unit, that’s a 10% increase—painful but manageable. But for microhousing, where units are budgeted at $100,000, it’s a 25% cost hike. That would make most projects financially unviable or would raise the rents to a point where it no longer serves its essential function -- housing that is affordable to minimum wage workers.
Then there’s the multifamily tax exemption (MFTE) program, a program that is an essential tool for workforce housing development, but which has long been hostile to microhousing. The latest proposed update outright excludes buildings with units under 400 square feet from eligibility. This is untenable, as nearly every microhousing project we’ve developed in the past decade has relied on MFTE for financial feasibility.
The broader rental market has also become increasingly troublesome. Enhanced tenant rights and anti-eviction measures, while well-intentioned, have made it difficult for landlords to operate sustainably. Some renters now correctly perceive that paying rent is somewhat optional, leading to a huge spike in delinquency rates. Microhousing operators have been hit especially hard. Every operator I know has stories of tenants living rent-free for years due to backed-up courts, stringent eviction laws, and aggressive legal tactics employed by tenant advocacy groups.
These changes have fundamentally broken the business model for renting to low-income tenants. Banks and investors have noticed. Without a fairer balance between landlord and tenant rights, it will be challenging to convince investors and lenders that development of new microhousing can be a viable business.
All that aside…it was a good day. Today, we’ll celebrate. Tomorrow, we’ll get back to pushing that rock up the hill…
Earlier this year we reached out to House our Neighbors to answer an open call for architects to help explore the development possibilities of vacant land owned by the city to illustrate how they might be developed by the newly formed Seattle Social Housing Developer.
House Our Neighbors recently launched a new website to show off that work. To learn more please visit: https://www.houseourneighbors.org/envisioning-social-housing
This work is also featured in an article in The Urbanist that talks about the upcoming proposition to fund the SSHD, which will be on the ballot in February 2025. It's definitely worth a read: https://www.theurbanist.org/2024/11/14/seattle-architects-unveil-designs-for-social-housing/
Jerrid Anderson invited me into his studio a few weeks ago to talk about our work in housing development. We enjoyed a wide ranging discussion, nerding out about various aspects of design, regulation, land values, property management, and the state of the industry in general. Enjoy!
Ten years ago, Neiman Taber embarked on a series of projects that pioneered a new approach to micro-housing. We combined the inherent affordability of small units with well-designed common spaces that promote social interaction, build social capital, and provide quality homes for people struggling to make ends meet in an increasingly unaffordable city.
Altogether we designed ten congregate micro-housing projects, including three that we developed ourselves. In 2023 the last of these projects finished construction and opened its doors. These projects created more than 600 micro-housing units, most of which rent for around $1000 per month. We've received numerous awards for these projects, garnered a lot of good press, and people keep asking us what we are doing for our next project. But we have no new projects of this type in the pipeline – neither for our clients, nor for ourselves. It’s not just us. It has been over 3 years since any developer submitted a permit application for a new congregate housing project in Seattle.
We would still be developing and building congregate micro-housing projects if we could, but under today’s conditions there's been no way forward for more projects like this to be built by market-rate developers.
That's the bad news. Here's the good news. We've figured out a solution that solves a whole host of development challenges and provides a viable development model for congregate housing that can be built today. We've decided to share this concept openly - allowing us find mission-aligned investors & partners to get a project like this rolling, or for someone else to simply take this idea and run with it themselves.
Our current micro-housing model involves building small units (about 175-190 square feet), each outfitted with a bed-space, a small kitchenette, a private bathroom, and some built-in storage. Down the corridor, the residents share kitchens, living, and dining facilities. The buildings are typically 3 to 4 story wood-framed walkups with no elevators. The target demographic is people making close to minimum wage, or around 40%-55% area median income (AMI). Why can’t we make these congregate housing projects work anymore?
So, we need a way to make units that are more efficient, less expensive to build, and compatible with accessibility requirements. It’s a tall order, but we have a solution.
Our proposal is a hybrid between a large multi-bedroom apartment and a rooming house. Its essentially a multi-bedroom apartment with a very large kitchen, a few shared bathrooms, and a lot of bedrooms. The bedrooms have no private bathroom or kitchenette - the bathrooms and kitchens are all shared. Projects like this have always been possible to a degree, but the State of Washington changed the game in 2021 when they passed SB 5235, a law that removed arbitrary limits on the number of occupants in a dwelling unit. Where cities used to impose a limit of x bedrooms per dwelling unit, there is now no limit other than those that may be imposed by “generally applicable health and safety provisions as established by applicable building code or city ordinance”. An apartment with a large number of bedrooms will now count as a single dwelling unit under land use and zoning codes.
The upper size limit of a dwelling unit per SB 5235 remains untested, but there is clear language in the building code today that recognizes a 16-bedroom rooming house as a scale that is a low hazard, and so we believe there is a viable code path to design a building based on 16-unit apartments with shared bathrooms and kitchens.
We’re calling this idea an Urban Rooming House. A project using this new format could solve all of the key challenges that have stymied our current model of micro housing. Here are the benefits:
1) Efficiency/Density: The congregate housing model that we’ve used for the last decade achieved a density of about one unit for every 300 square feet of building area. The simpler unit format in the Urban Rooming House drops that density down to about one unit per 270 square feet, or a 10% improvement in unit yield. That's going to generate more revenue, house more people and lower the rent we need to charge to make the project viable.
2) Cheaper construction: While construction cost has gone up a lot in recent years, it's gone up most significantly for trades like mechanical, electrical, and plumbing (MEP) that have an outsized effect on typical micro-units because they have all the expensive parts of a unit (kitchenette, cabinets, bathroom) but less of the inexpensive areas like bedrooms and living rooms. Urban Rooming Houses will be cheaper to build because:
3) Accessibility/Elevators: Urban Rooming Houses can accommodate accessibility requirements without triggering the density penalties I described earlier. The private rooms don’t have features like kitchenettes and private bathrooms that have to be enlarged to provide adequate clear floor space. The scale of the shared bathrooms and kitchens are inherently large enough that accommodating accessibility requirements doesn’t meaningfully change the size of those spaces. This means:
4) Build Anywhere: Urban Rooming Houses are not congregate housing - they are simply large apartments and would be classified as dwelling units. While HB 1998 will allow congregate housing to be built anywhere that multi-family housing is allowed, most cities have parking minimums and other per-unit land use requirements that would prevent congregate housing from from being built because these zoning requirements can indirectly amount to a density limit. Clustering the bedrooms within large dwelling units can lower the effective unit count enough to sidestep these de-facto density limits that are built into many zoning codes (other than Seattle).
Urban Rooming House - Lofted Units and Typical Units |
To help developers understand the Urban Rooming House model and its potential viability, we’ve provided an illustrated feasibility study and a pro-forma for a sample site. The site shown in the study is a theoretical 80’x120’ commercially zoned lot with an alley in the back. There’s nothing magic about the exact zone or lot size that we chose, but we chose site characteristics that we thought would match well with the project type. The commercial zoning we chose is generally easier to develop than a lowrise/midrise lot; A lot size of about 9,000-10,000 square feet is more efficient than something smaller; Having an alley is much better than not having one.
The project provides thirteen (13) large apartments that vary in size from 3 to 14 bedrooms. The design fits an astonishing 150 homes onto a 9600sf lot and a building size of around 40,000 square feet. The example depicted is a 5-story building, but the concept would also work if the building were taller.
Interest in reviving micro-housing as a market sector has never been higher. In policy circles it is almost unanimously understood that we need to find a way to generate a significant new supply of market rate low-cost housing if we're ever going to get a handle on our housing affordability and homelessness crisis. We need more homes, we need options for low-income renters, and this is a powerful new model for doing both. If you’re interested in partnering with us on a project like this, please feel free to reach out.
To dig deeper, see here for a packet of floor plans and a financial pro-forma for this concept:
Ten years ago, Seattle passed Council Ordinance 124608, which made changes to the land use code that choked off the creation of congregate housing in Seattle, ending a microhousing boom that had been bringing about 1000 units a year of un-subsidized affordable housing to the Seattle market. Almost immediately, policy makers realized they had made a serious mistake. Over the years I have met with many people in Seattle leadership who recognized that CO 124608 needed to be reversed but found themselves either unwilling to spend the political capital, or unable to assemble the political coalition that could muster the votes needed to fix it.
In this session, the Washington State legislature passed HB
1998, which requires cities and counties within urban growth boundaries to
allow co-living housing (aka rooming houses, SROs, congregate housing) in any
zone where general multi-family development is allowed (6 units or more). The
law was signed by the Governor on March 19th.
HB 1998 is a total game changer. The exclusionary policies enabled by CO 124608 are simply no longer allowed. Period. End of conversation. There will be no endless public hearings, no lawsuits, no epic struggle of NIMBYs vs YIMBYs. The state has given us until the end of 2025 to make the necessary changes to our land use code, at which point CO 124608 will simply become unenforceable. It is my hope that we will make these changes much sooner. This memo outlines the specific elements of the Seattle Municipal Code that need to change to comply with HB 1998. These changes are exempt from SEPA challenge, making the process relatively straightforward.
A decade ago, we passed a poorly considered law that made it hard for
developers to build low-cost basic housing. Thankfully, it is now more widely
understood in policy circles that the lack of low-cost basic housing is a major
contributor to our affordability challenges, and a primary cause of our
homelessness crisis. The state now requires us to fix the situation. I’m hoping
the Mayor and Council can get this done on a fast track so we can get to work
building the housing our city so desperately needs.
Last week Erica Barnett wrote a thought provoking article in Publicola looking at the proposed tree legislation. Among its criticisms, the article noted the cost of the new staff needed to administer this proposed legislation against the expected revenue the city hoped to raise to fund a tree planting in underserved neighborhoods.
… the city’s Department of
Construction and Inspections says it will need to hire three new full-time
staffers at an initial cost of $273,000 a year. That more than offsets the
revenues the city expects to receive from payments in lieu of tree plantings,
which will be used to plant new trees on city-owned property—an estimated
$191,000 in the first year.
Analysis of the tree legislation
didn’t include the exact cost of replacing trees removed for development. But
using the city’s own average “nursery purchase price” of $2,833 per tree, that
$191,000 would plant about 67 trees citywide
Barnett raises that the point that it's hard for government
initiatives to be effective when more money is spent on administration than on
actually achieving their goals. A few months ago AIA Seattle sent
a letter to the council and the mayor critiquing the proposed legislation and
outlining some principles that they felt were important in crafting a
successful tree policy. One of those principles was very much along the same
lines as Barnett's criticism:
Spend money on planting
trees, not on paperwork: Arborist reports, regulatory review, city
inspections, and the attendant delays and bureaucracy associated with an
emphasis on verification of compliance are costly. City and community resources
are better allocated to developing the tree canopy.
If we take Barnett’s point, and expand the cost of the
program to include not just the salaries of the new SDCI staff but the cost of
all of the paperwork and bureaucracy required by the program, how much would
that be? How much are we spending to generate $191,000 of fees for the city to
plant 67 trees per year? I sat down this week to make a rough estimate.
I began with the city permit data from data.seattle.gov
for issued building permits for 2022. My goal was to figure out about how many
permits each year might trigger a tree review. The
first step is to figure out how many permit processes a year are going to be affected
by the new tree legislation. I began with all of the new construction permits. Safe
to say a new building is going to have significant ground disturbance. I also
looked through the additions and alterations, filtered by the keyword “addition”,
and then manually checked the project descriptions to remove projects where the
addition seemed likely to be at an upper story and not at the ground level. Most
of the projects left over are additions to single family homes, attached
accessory dwelling units, and projects like decks and porches that create
ground disturbance.
Seattle permit data isn't exactly straightforward. Some permit
applications generate more than one permit number. If there are multiple structures
proposed on a site, SDCI will issue a separate permit for each freestanding structure.
So, short of researching each individual line item, there's a little guesswork
involved here. Most of the new multifamily projects are of the townhouse
variety which typically generate 2-3 permits for each project, and many of the new
single-family projects include a DADU which would generate two permits for each
project (one for the house and one for the DADU). I created a summary table of
each project type and divided the single family permits by 2 and the multifamily
permits by 3. From that I got an estimate of about 1200 completed permit
applications per year.
Some of those projects aren't going to have trees on site or on neighboring sites or anywhere near the area of ground disturbance and so they won't require a review. But the whole point of this legislation is to require careful study of all sites to make sure protected trees are identified and that exhaustive means are taken to protect them, so I think it's fair to assume that a significant percentage of projects are going to have to go through the new processes outlined by this legislation. For the purposes of this exercise, I assumed that 65% of sites that have ground disturbance will be subject to the SDCI arborists review during the permitting process. That works out to just under 800 unique permit application processes each year that will be subject to new reviews.
2022 - Complete permit applications
with ground disturbance |
||
Permits |
likely # of projects |
|
Single Family/Duplex |
847 |
424 |
Multifamily |
242 |
81 |
Commercial |
37 |
37 |
Additions |
681 |
681 |
Est. projects with ground disturbance |
1222 |
|
% of project sites requiring review |
65% |
|
Annual permits requiring review |
794 |
The next step is to estimate how much these new permit reviews will cost. All projects with a tree nearby will now begin with a survey and an arborists report. Once those elements are provided the architect must translate those into a series of diagrams that analyze the trees, their protected root zones, any proposed disturbance into those root zones, placement of protection fencing etc. The city arborists will review the architects’ diagrams and the arborist report. SDCI has the discretion to request further site investigations to explore the extent of feeder roots so that those elements may be located with precision and protected if deemed necessary. Based upon those site investigations, the tree protection areas may have to be adjusted and the building redesigned.
With this background in mind, I have attempted to estimate the additional costs per project that we might expect in order to comply with these new requirements:
Estimated Costs of Proposed Tree
Legislation per Application |
||
Required Costs/Processes |
Low |
High |
Survey |
$3,000 |
$5,000 |
Arborist Report |
$1,500 |
$2,500 |
Arborist Supplement |
$500 |
$1,000 |
Arborist review letter |
$300 |
$500 |
Architect site plan and diagrams |
$3,000 |
$5,000 |
SDCI reviewer charges (5-10 hours) |
$1,500 |
$3,000 |
Architect plan revisions (15-50
hours) |
$1,500 |
$5,000 |
Time delay costs (1-2 Months) |
$5,833 |
$11,667 |
Estimated total |
$17,133 |
$33,667 |
This works out to an average of about $25,000 per project. That might seem like a big number but if anything it's probably a lowball estimate, because this is just looking at costs incurred during design and permitting. It doesn't take into account costs during construction required for tree protection fencing, SDCI inspection fees, and increased fees for right of way usage due to the inability to stockpile materials on site. But that's not exactly my world and those costs will vary a bit more depending on project specifics, so for now let's just go with $25,000 additional cost per project. With that in mind we can flesh out our earlier table to get a total annual cost of this new process: $20 million dollars!
2022 - Complete permit applications
with ground disturbance |
||
Permits |
likely # of projects |
|
Single Family/Duplex |
847 |
424 |
Multifamily |
242 |
81 |
Commercial |
37 |
37 |
Additions |
681 |
681 |
Est. projects with ground disturbance |
1222 |
|
% of project sites requiring review |
65% |
|
Annual permits requiring review |
794 |
|
Total Annual Process Cost |
$20,177,971 |
So, if we put all of this information together, our new tree legislation will generate $20 million in new bureaucracy costs every year to plant 67 trees. That's $300,000 per tree. If you're looking for an example of ineffective and wasteful government policy, the $300,000 tree is right up there with the $10,000 toilet seat.
Imagine what else you could do with that money, aside from
pushing a bunch of paper in a circle. $20,000,000 would fund the planting and
maintenance of 7,000 trees on public land every year. Or, instead of paying
city employees an hourly wage to plant and maintain trees, you could simply give
away free
trees and let an army of volunteer tree lovers do the rest.
Some pieces of problematic legislation are basically sound
ideas that simply need to be tweaked. This proposal is not one of them. It's
based on a flawed premise that the way to grow our tree canopy is to
create a massive new bureaucracy to restrict and fine landowners into retaining
the trees they have. But trees are something that people really like, are
generally happy to maintain, and will often volunteer to plant all on their own.
Where do you think all the trees that we have today came from?
We are working to get this proposal amended to try to blunt the worst effects that might suppress housing by making sites undevelopable. But there's no tweak that can pave over the gulf between the millions of wasted dollars and the thousands of dollars in benefits. Here's hoping the council can find five votes to send this one back to the drawing board.
This legislation will elevate tree protection to a level of scrutiny and review roughly equivalent to the amount of effort we put into geotechnical review. Each project will require a survey, and arborist report, an arborist’s review of plans letter, and likely several rounds of back and forth with reviewers to ask for refinement of documentation on the plans, further detailed field investigation to determine the extent and location of key feeder roots, soil conditions, water table, etc. It will create significant cost and time delay associated with each project, and in most cases, it will just be process for the sake of process.
The only provision for the removal of exceptional trees (tier 2 trees) in this legislation is a rule that allows for removal if the basic tree protection areas leave less than 85% of the site available for buildings, access, walkways, utilities, etc. This is a rule that is workable for townhouse developments on low-rise sites that have relatively low lot coverage. However, it is totally unworkable for commercial zones, where the building itself typically covers 80% of the site and the flexibility for how the building is configured is minimal. For these types of sites, tree preservation is almost always incompatible with full development to the zoned capacity. There needs to be a general rule that allows trees to be removed if an applicant can demonstrate that preservation is incompatible with development to the zoned capacity of the site. The current tree regulations have such an exception, but it's been written out of these new regulations. Developers are paying MHA fees for every square foot they build in exchange for the last increment of floor-area. Regulations that deny developers access to that development potential essentially turn MHA fees into a taking.
There will be many instances, particularly in commercial zones, where full development along with preservation of a tier 2 tree might be technically possible but would lead to a bad design. Boards need to have the discretion to allow for tree removal when doing so leads to a building that is more compatible with the design guidelines. Some Tier 2 trees will be exceptional specimen trees, but many of them will be ordinary and otherwise unremarkable. Quite often trees will be designated as Tier 2 because of a low fork in the tree that increases the measure diameter of the tree. There are also a number of trees in the six-to-12-inch diameter range that are designated as Tier 2. We need rules that allow design review boards and planners to make discretionary calls.
The legislation uses two concepts: “Basic tree protection area” is what we use today. This is the area under the tree canopy. This is easy to define. “Tree protection area” is a more nebulous concept that includes the basic tree protection area but can also be expanded up to twice the area of the tree canopy. Mostly the legislation refers to the more nebulous “tree protection area” in determining portions of the site where you cannot build and where construction activities cannot occur. Leaning heavily on this subjective standard will make it difficult for applicants to understand where they can build and where they can't. It will require the preparation of extensive reports on the part of the applicant which the Seattle Department of Construction and Inspections (SDCI) must then evaluate and whose conclusions they may choose to challenge, leading to a difficult and lengthy review process. This is a swamp into which we will sink countless hours of arborist reports, opinion letters, correction cycles, increased costs, and lost housing.
All trees >12” are required to be administered with the same care that we reserve today only for exceptional trees (mostly 30” diameter and larger), and no trees >6” can be removed without a building permit. This is a massive increase in the bureaucratic load that SDCI has to carry. This is a problem for housing developers, but the problem is not just associated with new development. 150,000 homeowners who believe they are entitled to the quiet enjoyment of their own land will wake up to discover that they have a whole new relationship with city government that they will not be happy about, and with good reason.
The inflexibility of these rules and the City’s discretionary role in enforcing and defining a tree protection area is particularly problematic when it comes to off-site trees. It is not uncommon for trees to be planted near property lines and for canopies and root systems to extend from neighboring properties onto a development site. While state law allows for a property owner to limb a neighbor’s tree at the property line, this legislation does not seem to acknowledge any limitation for when a neighboring tree can impinge on the development potential of a neighboring site. Given that the city has the discretion to define a tree protection area as being twice the tree canopy, large portions of a site could be rendered undevelopable by a neighbor’s tree. No remedy for these situations is recognized in the code.
This legislation requires costly processes both in the permitting stage and during the construction process to protect existing trees, but it also allows removal of trees as needed to facilitate development. Most developers and builders will logically conclude that they should remove every tree possible from a site so as to avoid the costs and bureaucratic hassles associated with preserving them. If this legislation were enacted, it is easy to imagine a situation a few years down the road where people will be complaining about developers clear-cutting sites then calling for further restrictions on new development, when in fact the problem is the costs associated with tree preservation.
For the Seattle Department of Construction and Inspections (SDCI), the obvious outcomes from this legislation are likely to be:
A surge in applications for hazardous tree removal, which is now the only way to get rid of a tree outside of new development.
A massive increase in the workload for the SDCI arborist department, leading to a staffing crisis and long delays in permit reviews.
Significantly increased costs for every permit application for survey, arborist reports, detailed exhibits from the architect, numerous correction cycles, increased permit review fees for all the staff time.
Increased time required for permit approval.
Increased disputes between neighbors. As the impact of off-site trees on development sites becomes more significant, the legal landscape becomes murkier, and the stakes become higher.
This proposal includes 48 new pages of rules. The costs, time, and bureaucratic headache created by it are all chasing after incredibly little benefit. Most of the benefits this legislation aims for could be achieved in a two-bullet point memo.
New development should attempt to retain existing trees. Development and construction activities should minimize disturbance of the tree roots underneath the tree canopy.
Where sites cannot be developed to the full zoned capacity while preserving trees, such trees may be removed, equivalent trees must be replanted on-site, or a fee must be paid to plant them off-site.
10. This legislation is all stick; no carrot. The goal of the legislation is to protect existing trees, most of which came into existence simply because people like trees and so they plant them where they can. Instead of trying to leverage our general affinity for trees and encourage the planting of more of them, this legislation proceeds from an assumption that people will cut down trees at the first opportunity they have to do so. The City has an army of people that would be delighted to plant trees on their land, and to help plant them along parking strips and in natural areas. It offers no rewards to the landowners or developers who protect existing trees. On the contrary, it burdens them with page after page of new restrictions on the quiet enjoyment of their land.