ReCode Kent: Creating Housing Options

State mandates refer to the recent bills that were passed into law by the Washington State Legislature. An unprecedented number of new laws were adopted between 2018-2023 to address the state-wide housing shortage, affordability crisis, and need for more diverse housing choices. New possibilities for more housing of all sorts are being rolled out across the state. All these new mandates have made it an exciting time to be a planner and a great time to get involved. You can sign up for project updates, participate in surveys, and start attending Land Use and Planning Board meetings!

Below is a summary of the new housing legislation the City will implement in Phase 1 of our code update.

Middle Housing (HB 1110)

HB 1110 is the landmark planning legislation that requires cities across Washington to allow multiple residential units on all lots previously zoned single-family. The goal of the bill is to add gentle density to our neighborhoods with middle housing types like duplexes, triplexes, cottage housing, and row homes. Adding these homes will give everyone more options for where to live, who they live with, and how much they pay.

Allowing ADUs (HB 1337)

This law requires cities to allow at least two ADUs, in any configuration, on all residential lots. The law also limits the development restrictions and impact fees on ADUs, making it easier and cheaper to build backyard cottages and convert basements into mother-in-law sweets. The ADU ordinance passed in 2023, as a product of the 2021 Kent Housing Options Plan (KHOP), made the change to allow up to two ADUs per lot, so this bill will require little to no additional code changes.

STEP Housing (HB 1220)

STEP housing includes indoor emergency shelters, transitional housing, emergency housing, and permanent supportive housing. This legislation mandates cities to enable STEP housing development in order to provide basic services to community members who are either going through hard times, are recovering from a disaster such as flooding or fire, or who may need long-term support for a disability, mental health, or substance abuse disorder. STEP housing is created and run by qualified providers who are required to meet a variety of standards beyond what will be included in the zoning code.

Co-Living (HB 1998)

This bill allows for co-living units to be created on higher-density residential lots. Co-living units are individual sleeping spaces that all share common areas such as a kitchen and livingroom. This housing type will offer more options and flexibility for people who want to live more communally, who want to save on rent, or who are looking for a unique and flexible living arrangement.

Streamlining Development Standards (HB 1293)

HB 1293 requires cities to only use clear and objective design standards in their design review process. The bill also simplifies and shortens the design review process. Simplifying and clarifying design standards and the design review process will help reduce project costs and timelines for housing development. Complying with this law will require Kent to review its existing design guideline documents, and design standards within the code, and assess if they are clear and objective. Minimal changes to the design review process itself will likely be needed.

Other New Laws

There are a number of other new laws that Kent will need to comply with as well. The most impactful of these are:

• Additional Units in existing buildings (HB 1042) will make adding or converting residential units within existing buildings easier.
• Parking Flexibility (SB 6015) will reduce parking requirements and make meeting those requirements easier.
• Increasing the supply and affordability of condos and townhouses for homeownership (SB 5258) will allow for lots to be subdivided for ownership more easily.
• Streamlining & Consolidating Permitting (SB 5290) establishes review procedures and mandatory timelines for permitting development projects. Similarly, SB 5412, HB 2673, and HB 2343 will exempt many infill housing projects from environmental review. These changes will make it faster, and therefore less expensive, to get housing projects permitted.
• Residential bonuses for religious institutions (HB 1377) allows higher-density affordable housing to be built on land owned by religious institutions, if they wish to do so.

Middle Housing is a term coined by Opticos Design to describe the smaller-scale multifamily housing that used to be common in many cities but has been outlawed in most residential areas over the last few decades. Middle Housing is said to be “missing” because it often cannot be built anymore, and much of the old stock of middle housing has disappeared over the years. This housing also tends to be more affordable than newer apartments or single-family homes, making it a missing piece of the housing affordability puzzle.

Below are some example images of middle housing. To see more photos, click here.