Sen. Orwall Response Says Burien Went Beyond HB 1110 Requirements

On June 30, 2025, the Burien City Council passed Ordinance 868, stating the measure was intended to “implement updated housing policies adopted in the Burien 2044 Comprehensive Plan and comply with recent state legislation.”

Less than a year later, elements of that zoning overhaul are already beginning to surface across Burien, prompting questions from some residents about how far the city went beyond state housing requirements. While HB 1110 focused on increasing housing density, portions of Ordinance 868 also expanded into commercial zoning changes, raising concerns about impacts on residential neighborhoods and whether those additions were tied to state law at all.

One Burien resident contacted State Sen. Tina Orwall seeking clarification on whether Burien’s Comprehensive Plan updates merely complied with HB 1110 or exceeded its requirements.

In an Aug. 20, 2025 response, Sen. Orwall’s office included guidance from the Housing Committee stating: “Based on the information in the Ordinance (No. 868) it appears that the city went beyond these requirements…”

The response also noted that Ordinance 868 “added new commercial language” unrelated to HB 1110, which was strictly a housing bill. Staff further explained that two separate bills concerning small business establishments in residential zones, HB 1175 and SB 5421, did not pass during the legislative session.

Here is Sen. Orwall's full response on Burien's Ordinance 868, dated August 20, 2025:

Dear...

Thank you for reaching out about Burien’s rezoning plan and HB 1110 (2023).  I appreciate you sharing this information with me and apologize for the delay in responding to you.

 I consulted with our Housing Committee staff with expertise on HB 1110, and would like to share their response with you:

“HB 1110 requires cities to provide by ordinance and incorporate into zoning regulations and other controls authorization for a minimum number of units on each residential lot by 6 months after their required comprehensive plan update (which would be June 30, 2025 for cities in King County). 

Under HB 1110, Burien is a Tier 2 city that must allow at least 2 units per lot with a bonus of up to 4 units within ¼ mile of a major transit stop or when one unit is affordable housing.  Based on the information in the Ordinance (No. 868) it appears that they city went beyond these requirements, below are two excerpts from the document that pertain to some of the issues referenced by the constituent:

• In response, the city has developed three new residential zones (R-1, R-2, and R-3) to replace the existing residential single-family zones (RS-A, RS 12,000 and RS 7,200). Each of the proposed zones fulfill the requirements for a Tier 2 city. The proposed R-2 and R-3 zones exceed minimum density requirements under HB 1110 for a Tier 1 city, while the proposed R-3 zone is designed to just meet the Tier 1 standards under HB 1110. (top of page 4)
• Following the definition for “Major Transit Stop” would have resulted in only the King County Metro Bus Rapid Transit Lines H and F and Sound Transit 560 routes being considered as Major Transit Stops. The Housing Code and Zoning Map Amendments proposal introduces a new definition to expand the applicability across Burien beyond this narrow definition.  Proposed definition for Burien zoning code: 19.10.431 Qualified Public Transit Stop– Public transit stops that satisfy any of the following: (1) meets the “major transit stop” definition under RCW Chapter 81.104. (2) stops served by a transit route that runs at least two times an hour for twelve or more hours each weekday or more. (bottom of page 7)

The Department of Commerce has a quick guide  and other information on their middle housing webpage that provides more detail specific to the bill and its implementation, including links to model ordinances that Commerce developed as well as other resources that assist local jurisdictions in developing regulations. 

You are correct, HB 1110 applies to housing, not businesses.  In addition to the changes in residential zones for housing, the ordinance also includes neighborhood commercial language which appears to be new language (See page 71) with the stated purpose of providing standards that foster a vibrant and amenity-rich community, enhance neighborhood quality, promote walkability, support the creation of small-scale, locally serving businesses, and ensure the compatible integration of limited commercial uses and services within the R-1, R-2, and R-3 zones.  This part of the ordinance may be a component of the city’s comprehensive planning process, since that process includes additional elements besides housing (the Municipal Research and Services Center has an overview of comprehensive planning that lists the various elements if that is helpful), but it was not part of HB 1110… There were a few bills last session that went through the Local Government committee (HB1175 & SB 5421) that were specific to allowing small business establishments in residential zones, but neither bill passed. 

More information specific to Burien’s comprehensive plan can be found on their Website.  It looks like the constituent is already engaging with the city, but there is a community hub that has some additional resources that may be useful as well."

I hope this information is helpful to you.  Thank you again for contacting me and for your advocacy on this important issue.

Sincerely,
Tina

Representative Tina L. Orwall, M.S.W.
33rd legislative district
tina.orwall@leg.wa.gov

REFERENCE:

City of Burien Ordinance No. 868 to Title 19 Housing Code and Zoning Map Amendments, passed by City Council June 30, 2025

Summary:

"The proposed ordinance amends the Zoning Code and Official Zoning Map to implement updated housing policies adopted in the Burien 2044 Comprehensive Plan and comply with recent state legislation. The amendments replace single-family zoning with new R-1, R-2, and R-3 residential zones that allow a broader range of middle housing types. Key changes include increasing allowed residential densities and typology, reducing minimum lot sizes, and expanding neighborhood commercial opportunities in residential areas to support walkable, amenity-rich communities.

"These changes are intended to remove regulatory barriers to housing development, create more flexibility for a range of lot sizes and unit types, and promote housing affordability. While the amendments expand development potential, existing standards such as setbacks, parking, and tree retention—as well as site-specific factors—will continue to influence feasibility. The ordinance reflects community input received through the Comprehensive Plan process, Planning Commission’s recommendation, and amendments from the June 16, 2025 City Council meeting including a reduction of permitted hours of operation for Neighborhood Business to 7am-8pm and rezone of R-2 to R-1 in the Three Tree Point neighborhood west of 33rd Ave SW, south of Maplewild Ave SW, and north of SW 171st St."

Proposed Zoning Map 2: