New Housing Laws: Middle Housing and ADU Legislation and Medina
In 2023 and 2024, the Washington State Legislature passed several significant housing and land use bills that are intended to expand the state’s housing supply and help address the ongoing affordable housing crisis. The two more significant bills center around Missing Middle housing (E2SHB 1110) and Accessory Dwelling Units (EHB 1337). In short, these two bills require many local governments to revise their regulations to allow for a greater number and increased types of housing in areas traditionally dedicated to single-family detached housing. The State Legislature passed ESSB 2321 in 2024, which modified HB 1110 (see below). Local governments are not required to update their local regulations to comply until six months after their periodic comprehensive plan update is completed (December 31, 2024). However, Medina is proactively moving forward on beginning the process with a Middle Housing Public Engagement Plan, outlined below.
Middle Housing Bill – E2SHB 1110
Middle housing (also called missing middle housing) refers to those housing types between single-family residences and mid-rise, multi-family development. Middle housing types included in the new state law are duplexes up to sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
As a city in King County, Medina falls into the category of, Cities with a population under 25,000 that are contiguous with a UGA (Urban Growth Area) that includes the largest city in a county with a population over 275,000 (E2SHB 1110, Sec. 3(1)(c)), and must allow 2 dwelling units per lot.
The bill also requires cities to allow at least 6 of 9 of the following types of middle housing: Duplexes, Triplexes, Fourplexes, Fiveplexes, Sixplexes, Townhouses, Stacked Flats, Courtyard Apartments, and Cottage Housing. ADU's are also allowed to meet the density requirement.
ADU Bill - EHB 1337
Accessory dwelling units (ADUs) are small, self-contained residential units located on the same lot as an existing single-family home. An ADU has all the basic facilities needed for day-to-day living, such as a kitchen, sleeping area, and a bathroom, and may be either attached to or detached from the primary residence. Medina already allows ADUs that may be either attached or detached from the primary residential structure. Under the new bill, Medina will be required to allow 2 ADU's per lot.
The State Legislature passed ESSB 2321 in 2024, which modified HB 1110. Per the MSRC website, it, modifies provisions for middle housing and minimum residential density requirements, including the definition of major transit stop, the number of types of middle housing certain cities must allow, and exemptions from density requirements for critical areas, lots created through a lot split, and areas on island designated as sole source aquifers.
Additional information, updated through June 2024, can be found here:
https://mrsc.org/explore-topics/housing-homelessness/housing/middle-housing
The Department of Commerce has released a Middle Housing Fact Sheet (July 2023) to help answer some questions from local governments about the new requirements.
Middle Housing Public Engagement Plan 2024-2025
In response to the changes in state law to address the housing crisis, the City of Medina applied for and received a Middle Housing Grant from the Washington Department of Commerce for 2024 and 2025. This will fund the effort for the City to adopt a Middle Housing Engagement Plan. The plan was formally adopted by the City Council as Resolution No. 444 on June 10, 2024.
To this end, the City will engage a consultant to assist in this process. The consultant will help with the public engagement and Code writing process. The Request for Qualifications (RFQ) is open through Friday, July 12, 2024. It has been advertised in the Seattle Times, along with several Planning websites, so that candidates for the position may apply for consideration by the deadline. Staff will then conduct interviews and choose someone by August 2024.
The Middle Housing Public Engagement and Communication Plan is a working document that describes the goals, objectives, activities, and timeline for community engagement conducted in support of the Middle Housing Grant. This includes the following elements:
- Objectives of the Public Engagement and Communication Plan.
- Key messages we want to convey to the public about middle housing and this project.
- Stakeholder groups to engage as part of the process, including details on the information needs or engagement objectives for each group.
- Strategies for engagement corresponding to the timeline in the project plan.
- Timeline of the project and engagement activities.
- Summary of previous engagement done by cities to create a shared understanding of what the City of Medina has done to engage the community on housing issues, including challenges.
- Use this Middle Housing webpage to keep the public informed as to the status of this update.
- In addition to posting on the website, the other location for the review of draft proposals and alternatives will be: City Hall Office, 501 Evergreen Point Rd, Medina, WA 98039
Note: This Plan will be amended as needed to ensure that there is broad public engagement in the Middle Housing Land Use Code Update, in the run-up to the June 30, 2025 deadline for compliance.
The objectives for public engagement are:
- Engage community members who have not reliably participated in previous community planning efforts.
- Identify racially disparate impacts, any previous displacement, and exclusion in housing in the City of Medina, how these impacts are experienced day-to-day, and how might changes in city policy impact the community.
- Identify areas and communities at greater displacement risk.
- Identify barriers to building middle housing in existing neighborhoods, including concerns of residents of existing neighborhoods and barriers to developmental feasibility.
- Lay the groundwork for successful Middle Housing Land Use Plan Update by disseminating key messages and information (see key messages below) and addressing common concerns about updating city policies and codes to allow for more diverse housing types.
- Increase the community’s understanding of middle housing types and the benefits they can bring the community.
- Help the public and stakeholders understand state law requirements applicable to Medina in terms of updating the land use code for the purposes of allowing middle housing and accessory dwelling units.
As the Resolution also highlights, the Growth Management Act requires that the City of Medina establish procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations. The procedures described below for the City of Medina Middle Housing Land Use Code Update Process will achieve the following:
A. Early and continuous participation
In addition to meeting the requirements set forth in Chapter 16.81 MMC, the City Council, Planning Commission, or designee and city staff will ensure expansive and effective public involvement by using methods that include surveys, information bulletins, and distribution lists for all interested parties to receive regular notices, meeting advertisements, and updates. The public will be well advised of the opportunities for involvement and particularly encouraged to participate in the drafting and review of the proposed updates to the Medina Development Regulations.
B. Communication and information programs
City staff will use all available and practical means to encourage participation at all levels, through outreach and educational efforts, presence at public events, and the city website. The primary method of communication will be via the City’s website.
A bulletin-type publication will be posted, and updated regularly, at City Hall and on the City’s website with a copy sent to the Bellevue School District. This bulletin is designed to describe the Medina Middle Housing Land Use Code Update process, outline opportunities for public involvement, and provide contact information, including the website and email for public inquiry and comment. Detailed information and progress reports may be available upon request for local organizations and media outlets, such as local newsletters.
C. Public meetings with adequate notice
All formal public meetings concerning the Middle Housing Land Use Code Update will be advertised throughout the community. Formal public notices will be posted and published in consistent locations including the City Hall office, Bellevue School District office, and in “The Seattle Times” (local newspaper) as required. Interested parties will be further notified through a notice distribution list, providing process updates and meeting details.
D. Provisions for open discussion
Open discussion will result from a fair and open process, with various opportunities for public input. Public workshops will be advertised and made accessible to the broadest audience possible, building on established venues whenever possible. The discussion will be ensured and encouraged by designated time for facilitated discussion, public hearings before the adoption of amendments, and well-noticed public comment periods.
E. Opportunity for written comments
Written comments will be accepted and encouraged at all public meeting venues and in various forms, including email messages and facsimiles. Notice of public comment periods will encourage written comments and provide contact information, especially on draft comprehensive plan updates.
Comments should be addressed to Jonathan G. Kesler, AICP, Planning Manager, City of Medina Planning Department at:
Medina City Hall, 501 Evergreen Point Rd, Medina, WA 98039
Email: jkesler@medina-wa.gov
Subject: Medina Middle Housing Land Use Code Update
Planning staff will provide public comment cards or online comment options at meetings and at strategic locations throughout the City. Written comments will be presented to the Council during official public meetings.
F. Consideration and “fair response” to public comments
All comments on draft proposals and alternatives will be accepted and brought to the attention of the Planning Commission for their consideration. Written comments will also be kept on file for public review. City Planning Staff will acknowledge the receipt of written comments by sending a response with notification of opportunities for further involvement.
G. Broad dissemination of proposals and alternatives
Draft proposals and alternatives will be broadly disseminated throughout the community. A bulletin-type publication, distributed by email, posted on the City website, and posted at various locations to provide general information about the process, will direct the public to the city-wide locations for reviewing the draft materials.
