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Commission split over density caps; concern raised about 550‑sq‑ft unit minimum and fair‑housing risk
Summary
The workshop addressed proposed density caps (150 base, 200 with bonuses) and developer requests for 200–250 in transit areas; a commissioner warned a 550‑sq‑ft minimum unit size could prompt fair‑housing scrutiny and asked staff to get legal input.
Commissioners and stakeholders debated how to set residential density in the TSCD. Staff presented a proposed base density of 150 units per acre and 200 units per acre with bonuses; developers asked for higher density in the TODA subdistrict (250 or uncapped) to make projects economically workable. Several commissioners said they would consider 200 in some areas but wanted calibration along the edges.
A commissioner raised a legal concern about a proposed minimum unit size of 550 square feet, saying such minimums have historically been used as exclusionary zoning and could trigger fair‑housing investigations. The commissioner urged caution and asked staff and counsel to analyze the legal risk.
Why it matters: Density and minimum unit‑size rules determine how many units a project can legally contain and therefore influence feasibility, affordability and neighborhood character. Commissioners were mindful of both development feasibility around transit and potential legal exposure.
What’s next: Staff was asked to return with area‑specific density calibrations, legal analysis of minimum unit sizes and a recommended numeric standard complying with statutory requirements.
