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OPCD outlines permanent HB 11‑10 zoning changes: density, stacked‑flat bonus, tree protections and parking adjustments

3690657 · June 6, 2025
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Summary

OPCD and the mayor's office briefed the council select committee on the permanent ordinance to implement House Bill 11‑10 by overhauling neighborhood residential zones, updating low‑rise and other rules, and adding incentives for stacked flats and affordable units; councilmembers probed projected outcomes, parking, trees and outreach.

The Office of Planning and Community Development (OPCD) and the mayor’s office presented the permanent neighborhood‑residential zoning legislation (cited in the meeting as Council Bill 120933) during the June 5 select-committee briefing. Brennan Staley (presenter listed in the transcript as Brennan/Bridal Staley) described a comprehensive replacement of the code section governing neighborhood residential zones intended to comply with state law and to implement the comprehensive plan’s growth strategy.

What the permanent zoning ordinance proposes

- Density and lot rules: the proposal replaces prior neighborhood‑residential standards with a new framework that, as described in the briefing, generally allows one principal unit per 1,250 square feet of lot area while retaining a 5,000 square‑foot minimum lot size. The presenters explained the intent is to allow proportionally more units on larger lots without encouraging subdivision solely to increase unit counts. Accessory dwelling units (ADUs) were described in the briefing as counting toward density totals.

- Floor area ratio (FAR), height and setbacks: FAR would increase with unit counts up to 1.2 on a 5,000‑square‑foot lot in the examples shown. Maximum height for neighborhood residential zones would rise modestly from 30 to 32 feet, plus additional allowance for pitched roofs; front and rear setbacks of 10 feet (5 feet for ADUs or 0 where an alley exists) and side setbacks of 5 feet were proposed, together with a 50% maximum lot coverage standard.

- Amenity areas and design: the proposal would introduce a requirement that 20% of a lot be set aside as amenity area for resident use (lawns, patios, landscaping). New design standards would require clearly defined entries with weather protection, a minimum of 20% of front facades to be windows and doors, and a minimum 3‑foot pedestrian walkway to each unit.

- Tree protections and planting: presenters said existing city tree‑protection regulations would remain in place and be supported by new planting‑requirement rules that focus on canopy potential rather than trunk width at planting; staff said modeling suggests canopy cover on redeveloped lots could reach roughly 19–26% after 25 years (and 36–46% at maturity) of planted trees on redeveloped parcels. Staff described flexibility—such as reduced setbacks, parking waivers, or other design options—to preserve significant trees on sites.

- Stacked‑flat and affordable‑housing bonuses: the ordinance would offer a stacked‑flat incentive (an FAR bonus and higher density) on lots at least 6,000 square feet and within a quarter‑mile of frequent transit; a separate bonus was described for projects that set aside a majority of units as income‑restricted affordable housing (with differing AMI levels for rental and ownership targets in the proposal).

- Parking and commercial uses: presenters described parking changes including a proposed general standard of one space per two principal dwelling units and no minimum parking required in centers and areas near frequent transit and light rail, consistent with state guidance cited in the briefing. The proposal would also permit small corner stores in neighborhood areas under defined conditions.

Changes to other zones

OPCD proposed to eliminate the residential small‑lot (RSL) zone and rezone most RSL areas to low‑rise 1, with a narrow exception in South Park where some RSL areas outside a proposed neighborhood center would be rezoned to neighborhood residential.

Council questions and points of contention

Councilmembers pressed staff on several topics: whether counting ADUs toward density could disincentivize ADU construction (staff argued that conventional ADUs remain feasible and the counting prevents circumvention of density limits); why stacked‑flat bonuses were limited to lots of at least 6,000 square feet (staff said stacked flats are difficult to build on smaller lots without producing poor outcomes); and how the city will align zoning with recently enacted state parking laws. Several councilmembers asked for follow‑up briefings and one‑on‑one meetings to dig into details including FAR tradeoffs, setback adjustments to support canopy, and alignment with transit‑oriented development legislation from the Legislature.

Process and schedule

Presenters said the permanent ordinance repeals the interim provisions already adopted and replaces the neighborhood residential code in its entirety; they reiterated the city's plan to transmit the remaining zoning legislation implementing the comprehensive plan (centers and corridors) after the council completes budget deliberations and public hearings. Council members requested additional district‑level outreach and neighborhood walks in areas where residents have asked for them.

No formal vote on the ordinance took place at the briefing. The committee chair signaled continuing committee review and a scheduled public‑hearing process forthcoming in the council calendar.