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Council begins push to adopt middle‑housing and ADU changes before state model ordinance takes effect
Summary
Director Mark Hoffman introduced planning-commission recommended amendments to implement Washington’s middle-housing and accessory dwelling unit mandates. Planning commission recommended changes, a DNS was issued, and staff proposed a June hearing/late-June adoption schedule to avoid the state model ordinance effective July 1.
The City Council opened a month-long review on May 22 of draft code amendments to implement state middle-housing and accessory dwelling unit (ADU) mandates. Community Development Director Mark Hoffman introduced the planning commission’s recommendation and a proposed schedule for council review and possible adoption.
Why it matters: State legislation requires municipalities to adopt local development regulations or — if they do not act by the model-ordinance deadline — a state model ordinance will take effect in the city on July 1. Lake Forest Park is a Tier 3 city under the state framework and must adopt implementing development-code language by the deadline or default to Commerce’s model ordinance.
Hoffman said the planning commission conducted a public hearing on May 13, integrated Department of Commerce comments and recommended draft amendments with two specific modifications: (1) allow middle housing and ADUs on legally nonconforming (substandard) lots rather than automatically precluding them; and (2) clarify that critical-area protections remain in place and that units may be permitted to the extent they do not conflict with critical-area regulations. Hoffman said the commission’s intent was not to weaken tree or critical-area protections but to avoid broadly precluding middle housing on lots with minor critical-area constraints.
Staff reported environmental review activity: the city issued a Determination of Nonsignificance (DNS) on May 8 for the non‑project action; the appeal period ends June 2, prior to the proposed council public hearing. Hoffman also said the city received a $50,000 Department of Commerce grant to support draft regulations and that the grant deliverable (a draft actionable ordinance) must be submitted by mid‑June for reimbursement; staff stressed that the grant deliverable deadline is independent of council’s local adoption timetable.
Hoffman characterized the recommended approach as meeting the minimum mandates of state law while preserving the city’s critical-area and tree protections; he said the amendments do not change building height or bulk limits but allow certain middle‑housing types (for a Tier 3 city this focuses on duplexes and ADUs) and new processes for unit‑lot subdivision and condominium conversion where permitted by the code. He emphasized that the draft establishes the minimum regulatory framework required by statute and that council can later pursue additional incentives or affordable‑housing tools.
Schedule and next steps presented to council: staff proposed a public hearing at the June 12 council meeting, extended discussion and potential action on June 26, and a carry-over meeting on June 30 if needed. Hoffman said staff will deliver draft red-line documents and exhibits, and that SCJ (the consultant) will be available for technical explanation during council review.
Ending: Councilmembers asked for clarifying exhibits, diagrams and plain-language definitions to accompany the draft ordinance and agreed to forward written comments to staff and SCJ for incorporation prior to the public hearing.
