WA State: HB 1491 TOD Density Requirements (Proposed)
HB 1491 aims to significantly promote community and transit-oriented housing development (TOD) in Washington state by mandating specific density requirements and providing incentives for affordable housing near transit stations. The bill targets cities planning under the Growth Management Act (GMA), requiring them to allow higher-density residential and mixed-use development within designated station areas.
A core provision of the bill establishes minimum density requirements within station areas: an average of 3.5 Floor Area Ratio (FAR) for rail station areas and 2.5 FAR for bus station areas. Cities can adjust FAR within specific portions of station areas, but the overall average must meet these minimums. An additional 1.5 FAR is allowed for buildings providing all-affordable or workforce housing.
The bill defines "station areas" based on walking distances from transit stops, including bus rapid transit and rail stations. It also introduces "workforce housing" as rental housing affordable to those earning up to 80% of the area's median income.
To encourage affordability, the bill mandates that buildings within station areas maintain TOD affordability requirements for at least 50 years. This includes setting aside a percentage of units as affordable or workforce housing. A new 20-year Multi-Family Property Tax Exemption (MFTE) program is established for projects meeting these affordability standards.
Cities are prohibited from enacting development regulations that hinder multifamily housing within station areas, impose lower FAR limits, or enforce maximum residential densities based on units per acre. The bill also generally prohibits mandatory off-street parking requirements, except in specific safety-related cases or near major airports.
The Department of Commerce is tasked with developing model TOD ordinances and administering a grant program to assist cities in implementing these requirements. This includes funding for infrastructure, planning, and staffing.
The legislation sets compliance deadlines based on cities' comprehensive plan update schedules. Cities must update their regulations to meet the TOD requirements, and Commerce has the authority to approve pre-existing plans if they are substantially similar. Commerce will also develop a model ordinance that supersedes local regulations if cities fail to comply.
To address displacement concerns, the bill allows cities to apply for deadline extensions in high-risk areas, contingent on Commerce approval and the development of antidisplacement plans.
Finally, the bill addresses common interest communities (CICs), prohibiting new CIC governing documents from restricting multifamily housing or TOD density, or imposing off-street parking requirements that conflict with the bill's provisions.