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Council continues ADU regulation update under HB 13‑37, directs staff to return with lot‑size and parking options
Summary
City staff presented proposed amendments to Des Moines’ ADU rules to meet HB 13‑37; the council instructed staff to prepare code options tying increased ADU size and additional units to lot size and to return with two parking‑flexibility options but did not adopt final regulations April 10.
City staff returned April 10 to continue the council’s review of proposed updates to local accessory dwelling unit regulations required by Washington state’s House Bill 13‑37.
Community Development Director Rebecca Denning told the council that “HB 13‑37 requires all local governments in Washington state planning under the Growth Management Act to update their ADU regulations to comply with HB 13‑37 by 06/30/2025.” Staff proposed changes that meet the bill’s minimum requirements and offered options on three main topics: the number/configuration of ADUs allowed per lot, ADU size limits, and parking requirements.
Key elements of staff proposals and council direction: - Number/configuration: Staff said the minimum state requirement is to allow up to two ADUs per lot; staff offered options to allow more on larger lots. Council members asked whether the city should allow additional ADUs tied to lot size; several council members favored directing staff to bring back a draft code that would permit more than two units on larger lots (for example, additional units based on incremental lot‑area thresholds). Councilmember Nutting said he supported adopting the state requirements but was hesitant to add further allowances beyond HB 13‑37.
- Size: Staff proposed retaining the current minimum ADU size of 350 square feet and increasing a maximum to 1,000 square feet; the presentation included alternate maximums (1,200 or 1,500 sq ft) and suggested tying larger maximums to lot size or residential zone. Multiple council members supported tying maximum ADU size to lot size rather than a flat increase, and staff was directed to return with lot‑size‑based options.
- Parking: Staff proposed keeping a requirement of one stall per EDU while incorporating HB 13‑37’s exemption for required parking within a half‑mile of a major transit stop. Council discussion focused on enforcement, neighborhood curb space, and the cost of added on‑site parking. Councilmembers expressed broad interest in flexible solutions; several favored an approach that exempts parking requirements for the first ADU and requires a stall for subsequent ADUs, with an administrative exemption where on‑street curb space can reasonably accommodate vehicles. Mayor and council asked staff to return with two parking‑flexibility options for formal consideration.
Council and staff exchanged practical questions about utilities and septic systems, particularly in North Hill neighborhoods not served by sewer. Utilities staff previously indicated general capacity to meet expected increases, but council members asked staff to factor utility and septic constraints into any lot‑size or unit‑count proposals.
No final code changes were adopted at the meeting; instead, the council provided direction. Rebecca Denning and land‑use planner Alicia Jacobs will draft zoning/code language reflecting the council’s preferences — including lot‑size‑based maximums and unit allowances, and two parking‑option packages — and return to the council for further review before the June 30 statutory deadline.
Ending: The discussion clarified key policy tradeoffs — unit limits, building size, parking and utility capacity — and established staff follow‑up work to produce specific code language and two parking proposals before the council takes a formal vote.
