Transit-oriented density bill passes the Senate

Several housing density bills include provisions specific to transit, but SB 5466 is solely focused on transit-oriented development (TOD). It has become the vehicle for the conversation about how to maximize housing opportunities near transit – a pillar of the proposal put forward by the AWC Housing Solutions Group. SB 5466 has other elements that are more challenging, however, especially the restrictions of authority to provide for parking.

The key components of the bill as amended and passed out of the Senate are as follows:

• Establishes TOD density as floor area ratio of four or more for a “station area” and six or more for a “station hub.”
• Station area is defined as all parcels within a UGA and within ¾ walkable mile from major transit or ½ mile waking distance of a “frequent bus stop.”
• Station hub is defined all parcels within UGA and within ¼ walkable mile from major transit.
• Major transit is defined as:
  • High-capacity transit
  • Light rail
  • Commuter rail
  • Transitways
  • A route that runs on high occupancy vehicle lanes
• “Frequent bus stop” means a stop served by transit operating seven days a week, at least three times per hour, for 10 hours during weekdays.
• Minimum standards:
  • Can't prohibit multifamily residential in station area where other residential use is allowed.
  • Must include density bonus in TOD areas of 50% for 60% AMI or below, for permanent supportive housing, or long-term in-patient care.
  • No maximum floor area ratio allowed that is less than that prescribed. Allows an exemption if average minimum floor area ratio of TOD area meets the minimum AND no part of a station hub is subject to a maximum floor area ratio that is less than 1.0, AND no part of a station area is subject to a maximum floor area ratio that is less than 0.5.
  • No maximum density allowed in TOD.
  • Prohibits requiring off-street parking in station area.

The proposal has been on a fast track in the Senate, with acknowledgement that more work is needed in the House. There are a lot of areas that need clean up and refinement. Some areas that AWC is continuing to work on include:

• Clarifying the intent and application of these provisions to ensure successful implementation. The variety of transit service implicated is confusing and will be a challenge to implement.
• The bill also gives a parental oversight role to the Department of Transportation to determine if a city’s claim that the lack of parking requirements mandated by the bill would make parking infeasible or unsafe.
• Finding ways to maximize the delivery of affordable housing units and minimization of displacement as part of this proposal. We still have concerns that the existing provisions will not achieve that. Furthermore, there are concerns that this may inadvertently undermine existing affordable housing incentive programs.
• Additionally, we are concerned that there still has not been mapping provided to clearly identify where this bill will apply and how this bill would intersect with HB 1110 – should both pass.