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City staff outline required middle‑housing code changes, unit‑lot subdivisions and ADU allowances
Summary
Planning staff presented state‑mandated middle‑housing code amendments including a two‑unit‑per‑lot minimum, unit‑lot subdivision procedures, administrative design review for middle housing, ADU size increase to 1,000 sq ft and allowance for up to two ADUs per lot; council will consider adoption in May or June.
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The Mill Creek City Council received a study session briefing on April 1 about state laws requiring local code changes to allow middle housing — housing types compatible with single‑family neighborhoods such as duplexes, triplexes, fourplexes, cottage courts and townhouses.
The briefing matters because state legislation (commonly cited as HB 1110 and related middle‑housing bills) requires cities to allow certain middle‑housing types in areas zoned for single‑family housing and to update permitting standards and parking rules; Mill Creek staff presented a minimum‑compliance package and options for additional design standards later.
Director Jeff Ryan (Community Development) and planner Justin Horn told council the proposed amendments are targeted at minimum statutory compliance. Key elements presented were:
• Minimum allowable density: staff will amend the density calculation so the code allows at least two dwelling units per qualifying lot (not a mandate to build two units on every lot).
• ADUs: accessory dwelling units will be allowed in the neighborhood residential (NR) and medium‑density residential (MDR) zones. Staff proposed increasing the maximum ADU size from 800 square feet to 1,000 square feet and allowing up to two ADUs per lot (combinations of attached and detached ADUs are permitted within the state limits).
• Unit‑lot subdivisions: staff will add a process enabling unit‑lot subdivisions that let developers create individual unit lots inside a parent parcel — a mechanism aimed at enabling fee‑simple ownership of units in some middle‑housing configurations (for example, subdividing a parcel with a triplex so each unit has its own lot).
• Parking and design review: staff proposed reduced parking minimums for middle housing and administrative (staff) design review in place of the Design Review Board for middle‑housing proposals. Reduced parking minimums may apply near frequent transit stops.
Staff emphasized these changes are the minimum necessary to comply with state law and noted certain discretionary follow‑ups the city could pursue later, such as additional façade articulation, open‑space minimums for cottage courts, and other design standards intended to preserve neighborhood character.
Council members asked about HOAs and exemptions: staff said homeowners associations may enforce covenants that predate July 23, 2023, and those covenants can affect whether middle housing is ultimately feasible on particular properties; staff does not track HOA covenants and will not enforce HOA rules.
Staff outlined a timeline: the Planning Commission will hold a public hearing and forward a recommendation; council adoption is targeted for May or, at latest, June to comply with statutory deadlines. Staff also offered to supply maps, parcel‑level examples and updated redevelopment heat maps to help council and the public visualize likely impacts.
Ending: Staff will bring the proposed ordinance to the Planning Commission for public hearings and return to council with the commission recommendation for adoption; council requested additional parcel‑level examples and clarifications on definitions such as “walking distance” and “unbuildable area.”

