Mercer Island: HB 1293 Design Provisions
In 2023, Washington State enacted House Bill (HB) 1293, a pivotal piece of legislation that fundamentally reshapes how cities and counties can regulate building design under the Growth Management Act (GMA). This new law, codified as RCW 36.70A.630, introduces two critical requirements for local design review standards: they must be clear and objective, and they absolutely cannot reduce development intensity below the level generally permitted by a property's zoning. For the City of Mercer Island, this means a significant overhaul of its existing design standards, enshrined in Mercer Island City Code (MICC) Chapters 19.11, 19.12, and 19.15, which date back to 1972. The city has until June 30, 2025, to achieve full compliance.
The challenge for Mercer Island lies in the inherent flexibility of its current design provisions. Many existing standards grant the Design Commission considerable discretion, allowing for case-by-case determinations rather than adhering to measurable criteria. This approach, while perhaps allowing for tailored design, directly conflicts with the new state mandate for objectivity and clarity. To address this, the city is implementing a two-phased strategy. The initial phase, already in motion, focuses on adopting interim regulations to make temporary amendments to the MICC, ensuring the city meets the urgent June 2025 deadline. The second phase, slated to begin in early 2026, will involve the adoption of permanent code amendments, a process that will include extensive public outreach to gather community input on the proposed changes.
A comprehensive analysis of the MICC has revealed numerous areas requiring amendment, primarily within the chapters governing design standards and review. These necessary modifications are being presented to the City Council under three key issues. The first revolves around the immediate imperative of meeting the June 30, 2025 deadline. The second, and arguably most impactful on future development, centers on the need for clear and objective design standards. This includes addressing ambiguous "should" standards, eliminating overly flexible provisions lacking measurable criteria, and tackling combinations of these problematic approaches. Finally, the third issue concerns broader changes to the overall design review process itself, streamlining how development proposals are evaluated. City staff are actively drafting interim ordinances based on the City Council's feedback, with plans for a public hearing and initial reading of the interim ordinance in early June, followed by a second reading later in the month, aiming for an effective date of June 30, 2025. This diligent process is essential to ensure that Mercer Island's development regulations not only comply with the new state framework but also continue to guide high-quality, thoughtful development within the city.