City Code Changes: Upzoning in Residential Areas

PSA: City of Bellevue Amendments to Land Use Codes to Permit Middle Housing (Multifamily zoning) in Single-family Residential Areas

YOUR FEEDBACK IS REQUESTED! Stay informed, impacts on Somerset

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The City of Bellevue just sent the following update on their amendments to Land Use Codes to permit middle housing in single-family residential areas. These amendments will update Bellevue’s Land Use Code and City Code for compliance with House Bills (HB) 1110 and 1337 to expand the number and type of housing units permitted in residential areas of the city.

While the legislation establishes a minimum of how many units may be permitted on a lot, Bellevue has flexibility in how its development regulations accommodate these units in order to encourage Middle Housing development. These areas of flexibility include changing the building code requirements for building height, setbacks, lot coverage, etc. to accommodate multi-family zoning.

Based on the City’s website, residential areas will need to allow other housing types. Here are some of their examples:

Somerset’s covenants prevent multifamily housing, so why does this matter to us?
Somerset’s covenants do not allow for multifamily housing, but the City of Bellevue issues permits regardless of our covenants, as the City is not responsible to validate covenant compliance prior to issuing a permit.

Will the Covenant Review Committee (CRC) deny multifamily remodel applications?
Since Somerset’s covenants do not allow for multifamily housing, the CRC will deny all multifamily remodel applications. However, the CRC cannot force homeowners to go through the CRC application process. In divisions that do not require CRC approval for building or remodel projects, neighboring homeowners will need to act directly.

Who is responsible for enforcing a CRC remodel denial?
Per the covenants, it is up to individual homeowners to legally enforce and prevent the multifamily home from being constructed.

Are Somerset’s covenants banning multifamily housing legally enforceable?
SCA has consulted its attorney who is a land use expert. Our current position is that HB1110 and any resulting city code change does not preclude the application of the covenant limitation to single-family residences. However, state and local laws are always changing, and ultimately individual judges will interpret the law as they see fit. Please also consult your personal attorney.

How can we prevent this from escalating into legal battles?
The SCA wants to engage with the City of Bellevue to see if CRC approval or covenants can be considered as part of the permitting process. The SCA is looking for volunteers to join a committee that will identify strategies aimed at mitigating the impact of middle housing on individual homeowners. We highly value your input on this matter. Please provide your feedback through the following poll:

CLICK HERE TO MAKE AN IMPACT: LET SCA KNOW YOUR THOUGHTS

If you have specific questions for the SCA/CRC please email us at [email protected].

Please refer to the following two links from City of Bellevue for more information:

• Middle Housing Code Amendments | City of Bellevue

• Middle Housing Frequently Asked Questions | City of Bellevue