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ADUs_HAB_032223Housing Advisory Board –March 22, 2023 Accessory Dwelling Unit Regulation Update Planning & Development Services Purpose: Make a recommendation to City Council on Ordinance 8571 What is an ADU? •Small residence sharing lot with larger main house •Independent, self-contained living space Scope -ADU Update Project City Council Work Program Priority Objective:To increase the allowance of ADUs in the community by: •eliminating the ADU saturation limit •modifying the ADU size limits and/or method of measurement •clarifying and simplifying the regulations •improving the approval processes 2023 Engagement •Review 2016-2018 Public Engagement –Saturation & Size •Community Connectors-in-Residence –1/13 •Planning Board –1/17 •Housing Advisory Board –1/25 •City Council Study Session –1/26 •Board of Zoning Adjustment –2/14 •Be Heard Boulder •Office Hours –March & April •Ordinance Review Public Hearings –March -May 2022 Evaluation ADU Background Evaluation of 2018 Code Changes Changes that reduced barriers •Saturation limit •Maximum size •Minimum lot size •Zoning districts Remaining potential improvements that would further reduce barriers to ADUs •Eliminate saturation limits •Reconsider floor area and measurement •Extend approval expiration •Height variance option •Code clarification •Process improvements 2022 ADU Owner Survey •Sept. -Oct: HHS survey of ADU owners •Comparable survey from 2017 and 2012 •212 responses,48% response rate •Highlights: •Greater % of ADUs used as space for visitors/relatives •40% of owners chose Affordable ADU to reduce parking requirement Comparable City Research Highlights –34 cities •None of these cities have a saturation limit for ADUs •Only a few have a minimum lot size •Almost all cities limit 1 ADU per lot •Boulder’s maximum size of detached ADUs smaller than most cities (though many cities in Colorado tend to be lower than other states, 600-1,000). Typically around 800 sf or a % of principal structure •Variation on parking requirements –0 or 1, some waive if close to transit •Almost all say ADU cannot be sold separately •About half require owner occupancy 2023 ADU Update Focus Areas ADU Update Project City Council Work Program Priority Objective:To increase the allowance of ADUs in the community by: •eliminating the ADU saturation limit •modifying the ADU size limits and/or method of measurement •clarifying and simplifying the regulations •improving the approval processes RL-1 & RL-2 Saturation Limit –20% 300 FEET Saturation Limits 2019-2022 Does this address qualify for an ADU? We're curious if the 20% ADU saturation limit has already been met for our property's area? We would like to consider an ADU over the garage of our home but need to confirm that the location is not saturated first. How do we do that without submitting the full application and $420 fee? I'd like the saturation calculation for this property to identify the possibility of ADU. We would like to check the saturation for an ADU Is an ADU possible for this property address? My understanding is that the density of ADUs already in an area impacts the availability. 1. Is an allocation available at this site –i.e. has this area hit saturation or not? Can you confirm that there is still availability to build an ADU in the neighborhood of the address I am interested in adding an ADU to my property and would like to connect with a project specialist to determine if this is allowable under the saturation rate rules. It appears that there is one ADU across the street, but I'm not sure how many houses are within the 300 ft radius to know if the saturation limit would be reached. I am wondering if my property would be eligible based on the 300 foot radius, 20% ADU saturation guideline? Could someone please help me with this calculation? If my home is not eligible, I don't want to go through the full process. Saturation Limit Inquiries Proposed Code Change Eliminate the 20% saturation limit within 300 feet of properties in the RL-1 and RL-2 zoning districts. Size Limits (Market Rate) Attached: 1/3 size of main house or 1,000 square feet Detached: 550 square feet Ex: 1,500 sq. ft. house = 500 sf ADU BOZA Variances 2019 -2022 4 Approved All 4: Attached exceeding maximum floor area 1,027 sf 1,216 sf 1,266 sf 1,500 sf Size examples –Detached on alley Size examples –Detached on alley Detached no alley Attached Proposed Code Change ADU Type Current Size Limit Proposed Size Limit Attached 1/3 of principal unit or 1,000 square feet, whichever is less 1/2 of principal unit or 1,000 square feet, whichever is less Detached 550 square feet 800 square feet Affordable Attached 1/2 of principal unit or 1,000 square feet, whichever is less 2/3 of principal unit or 1,200 square feet Affordable Detached 800 square feet 1,000 square feet Historic Attached 1/2 of principal unit or 1,000 square feet, whichever is less 2/3 of principal unit or 1,200 square feet Historic Detached 1,000 square feet 1,000 square feet >Remove unique ADU floor area measurement definition >Modify size limits: Code clarification •Extend approval expiration period •Flexibility for height of existing structures •Lockable separation of attached ADUs •Limited accessory units •Owner occupancy –LLCs and temporary rental exemptions •Public notice requirement •Change ADU from [C] to [A] •Typical building permit expiration timeline applies Code clarification •Extend approval expiration period •Flexibility for height of existing structures •Lockable separation of attached ADUs •Limited accessory units •Owner occupancy –LLCs and temporary rental exemptions •Public notice requirement •Updated detached ADU height standards •Existing structures can be reused if no change to size, height, roof form (no 25 ft max) •Complex standards related to roof pitch removed Code clarification •Extend approval expiration period •Flexibility for height of existing structures •Lockable separation of attached ADUs •Limited accessory units •Owner occupancy –LLCs and temporary rental exemptions •Public notice requirement Specifically included in Attached ADU standards Code clarification •Extend approval expiration period •Flexibility for height of existing structures •Lockable separation of attached ADUs •Limited accessory units •Owner occupancy –LLCs and temporary rental exemptions •Public notice requirement Removed from code Code clarification •Extend approval expiration period •Flexibility for height of existing structures •Lockable separation of attached ADUs •Limited accessory units •Owner occupancy –LLCs and temporary rental exemptions •Public notice requirement •Clarity added to definition of owner occupancy •Added specific language about documents to confirm owner occupancy Code clarification •Extend approval expiration period •Flexibility for height of existing structures •Lockable separation of attached ADUs •Limited accessory units •Owner occupancy –LLCs and temporary rental exemptions •Public notice requirement ADUs an [A] use to implement one-step review, do not require public notice Process Improvements •One-step review •Addressing •Declarations of use •Self-service handouts/videos Next Steps •Public engagement •Planning Board public hearing: April 4 •City Council 1st Reading: April 20 •City Council 2nd Reading: May 4 •May/June: Process improvement/preparation •Late summer effective date of ordinance Suggested Motion Housing Advisory Board recommends that City Council adopt Ordinance 8571, amending Section 4-20-18, “Rental License Fee,” Title 9, “Land Use Code,” and Title 10 “Structures,” B.R.C. 1981, to update the regulations for accessory dwelling units.