Accessory Dwelling Unit (ADU) Open House Report and ...

STUDY SESSION

TO: Mayor and Council

FROM: John Voboril

DEPARTMENT: Community Development

DATE: February 5, 2018

SUBJECT: Accessory Dwelling Unit (ADU) Open House Report and Questions for Council Members

DESCRIPTION:

Accessory Dwelling Unit (ADU) Open House Report and Questions for Council Members

RECOMMENDATION:

Community Development staff has prepared questions for City Council members in order to chart a course for moving forward in the assessment of Accessory Dwelling Unit regulations for the City. Staff will review these questions for City Council at the February 5 study session, and ask for Council direction on preferred zone district options for ADU’s.

SUMMARY:

Accessory Dwelling Units, known as ADU’s, are small secondary residential structures located behind a primary house or on top of a garage. ADU’s were historically built in Englewood during the 1920’s, 30’s, and 40’s in response to housing shortages. There are over 180 existing ADU’s located throughout the older portions of the City of Englewood.

ADU’s began falling out of favor in the United States and the Denver region, as the post war suburbs developed to meet housing needs. Englewood, like communities all across the country, began removing ADU’s from the zoning code at that time.

ADU’s have slowly made a comeback since the 1990’s, particularly in the northwestern United States, in response to tight and expensive housing markets. The City of Denver and a number of Denver suburbs have reinstated ADU’s as allowed uses in certain zone districts.

Most communities require the property owner to reside in either the primary structure or the ADU and rent the other unit. ADU’s are typically attractive to seniors as a supplementary source of income. ADU’s are also built by families who want to house an aging parent or young adult family member. ADU’s are an attractive alternative to renters who prefer a more private traditional residence over apartments, at a relatively affordable price.

Accessory Dwelling Units were included in the Housing goals and objectives of Roadmap Englewood: The 2003 Englewood Comprehensive Plan,and was carried over into Englewood Forward: The 2016 Englewood Comprehensive Plan. ADU’s were designated as a Planning

and Zoning Commission priority planning project at the end of 2013 in response to numerous inquiries from Englewood citizens interested in constructing ADU’s.

Synopsis of Planning and Zoning Commission Recommended ADU Regulations

Five Purpose Statements for ADU’s

Explains how ADU’s address City goals and objectives

Definitions of ADU Types: Garden Cottage and Carriage House

The City is proposing to include both the historical garden cottage format that was constructed in Englewood in the past, and the carriage house format, which was common in Denver.

ADU Eligible Lot Sizes

Specifies which lot sizes and land uses are eligible for which types of ADU’s.

ADU Creation Rules and Requirements

Specifies that an ADU may be created through construction of a new ADU in the rear of an existing house, or by constructing a new house in front of an existing house located at the rear of a property, which then becomes the ADU.

ADU Owner Occupancy Rules and Requirements

Describes the rules and regulations of the owner occupancy requirements that must be complied with in order to rent the ADU.

ADU Owner Leave of Absence Rules and Requirements

Describes how a property owner with an ADU may apply for a temporary leave of absence and receive permission to rent both the main unit and the ADU for a temporary time period.

ADU Design Rules and Requirements

Describes the dimensional and siting requirements for ADU’s.

ADU Open House Meetings

Community Development staff and Planning and Zoning Commission members held the first ADU open house on June 13, 2017. The event was advertised in the first edition of the Englewood Citizen magazine. Attendance was typical of events advertised in this manner, with 75 attendees and 51 complete surveys. City Council indicated a desire for additional community outreach through a second open house meeting. In order to generate additional participation, Community Development created a stand-alone postcard mailer to advertise the event city-wide.

The second community open house meeting on ADU’s was held on Tuesday, November 14, from 5:30 to 8:30 PM, in the Community Room of the Englewood Civic Center. Attendees had the chance to view a narrated PowerPoint presentation on ADU’s. Attendees were then asked to visit ten stations depicting various aspects of the Planning and Zoning Commission ADU recommendations and complete a survey designed to measure levels of support. At the end of the ten station survey, attendees were offered the chance to participate in an ADU neighborhood mapping exercise. Total signed-in attendance reached 173. A total of 119 surveys and 37 maps were collected. Attendance and participation roughly doubled from the November 14 meeting, due to the direct mailer announcement.

Survey Results: ADU Zoning District Preferences by Attendee Zoning District

An Excel spread sheet containing survey results for ADU Zoning District Preferences by Attendee Zoning District for both the June 13 and November 14 meeting is included as an attachment to this memorandum.

Single-unit Zone Districts

R-1-C residents have continued to show the most interest in ADU’s. A total of 58 surveys indicated interest in constructing an ADU. The viewpoints of R-1-C residents not interested in constructing ADU’s are mixed, divided evenly into those who are favorable, those who would restrict ADU’s to multi-unit residential zone districts only, and those who are unfavorable to ADU’s anywhere in the community.

Attendance and participation of residents owning properties in the R-1-A and R-1-B zone districts increased slightly at the November 14 meeting. Results were varied between the southern and northeast portions of the City. A total of 6 surveys indicated interest in constructing an ADU in the R-1-A and R-1-B zoned southern portions of the City and a total of 7 surveys indicated interest in constructing an ADU in the R-1-A zoned northeastern quadrant. The two areas varied significantly in the number of surveys indicating opposition to ADU’s (south = 6, northeast = 0).

Multi-unit Zone Districts

The R-2-A and R-2-B zone districts have consistently demonstrated a fair demand for constructing ADU’s (17), with no opposition expressed. Residents of the MU-R-3-A and MU-R-3-B zone districts have not indicated significant interest in constructing ADU’s in these zone districts.

Questions for Council Members

Community Development staff offer the following questions to City Council in order to gauge Council’s current interest in developing regulations for ADU’s. Council’s direction will assist staff in charting a resolution to the ADU regulatory project.

Proposed ADU Regulations

Is Council generally comfortable with the regulatory parameters for ADU’s recommended by the Planning and Zoning Commission? Is there a specific proposed regulation that Council would like to see revised, added, or removed?

ADU Allowed Use Zoning Districts

If Council wishes to proceed with developing regulations for ADU’s, which of the following options does the Council favor?

Option One

Adoption of the Englewood Planning and Zoning Commission recommendation to allow ADU’s under the proposed ADU regulations in the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, and R-1-C zone districts. (Council would have an additional option of directing the Planning and Zoning Commission to continue studying the possibility of allowing ADU’s in R-1-A and R-1-B zone districts).

This option is consistent with the locations of existing historical ADU’s within the community. This option also would satisfy the majority of citizens who want to construct ADU’s on their currently owned properties.

Option Two

Adoption of the Englewood Planning and Zoning Commission recommendation to allow ADU’s under the proposed ADU regulations in the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, and R-1-C zone districts, with an amendment to limit ADU’s as allowed uses to prescribed portions of the R-1-C zone district.

This option would allow City Council to pursue a more conservative approach to permitting ADU’s in the single family R-1-C zone district by testing the concept in transitional areas. The most logical approach would be to designate the Comprehensive Plan Residential Transition Areas as permitted ADU development. This option would allow City Council to assess how well the ADU regulations work over the course of a few years, and then consider expansion to other areas of the City at a later date. This option does not address the needs of the majority of citizens who want to construct ADU’s on their currently owned properties in the R-1-C zone district.

Option Three

Adoption of the Englewood Planning and Zoning Commission’s ADU regulatory recommendations to allow ADU’s in the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A and R-1-C zone districts, with an amendment to withdraw ADU’s as allowed uses in the R-1-C zone district.

This option restricts ADU’s as allowed uses to multi-unit residential zone districts only. This option would allow City Council to assess how well the ADU regulations work over the course of a few years, and then consider expansion to other areas of the City at a later date. It would provide an alternative option to scraping small single family homes for attached townhome developments along Lincoln and Sherman Streets, and west of Broadway, in the northern

portion of the City. This option does not address the needs of the majority of citizens who want to construct ADU’s on their currently owned properties in the R-1-C zone district.

Option Four

Adoption of the Englewood Planning and Zoning Commission’s ADU regulatory recommendations to allow ADU’s in the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, and R-1-C zone districts, with an amendment to allow ADU’s in the R-1-B and R-1-A zone districts, or designated portions of the R-1-B and R-1-A zone districts.

This option could potentially address all citizens who want to construct ADU’s on their currently owned properties, by including the 15 citizens who want to construct ADU’s on properties they own in the R-1-A and R-1-B zone districts.

ATTACHMENTS:

Survey Results: ADU Zoning District Preferences by Attendee Zoning District January 2018 Potential Accessory Dwelling Unit Zone District Options Overlaid with Location of Surveyed ADU Demand Map Back to the Future: Planning and Zoning Commission Recommended Accessory Dwelling Unit Regulations PowerPoint

Survey Results: ADU Zoning District Preferences by Attendee Zoning District

Attendee Zoning District Summarized Positions 13-Jun 14-Nov Total

R-1-A (SW Quadrant) Wants to build ADU 1 6 7

Not interested, but favorable 0 1 1

Multi-family zone districts only 2 0 2

No ADU's anywhere 0 6 6

Did not complete 0 1 1

3 13 15


R-1-A (NE Quadrant) Wants to build ADU 0 7 7





0 10 11


R-1-B Wants to build ADU 0 1 1




1 5 6


R-1-C Wants to build ADU 17 41 58




28 56 115


R-2-A Wants to build ADU 2 0 2




3 0 3


R-2-B Wants to build ADU 2 13 15




3 17 21


MU-R-3-A Wants to build ADU 0 2 2




0 2 2


MU-R-3-B Wants to build ADU 1 1 2



Single-family zone districts only 0 3 3


3 6 10

All Attendees Summarized Positions 13-Jun 14-Nov Total

Wants to build ADU 23 71 94



Single-family zone districts only 0 3 3



41 110 151

Other Zones (I-1, M-1, PUD)

Other Cities = 7

No address given = 3

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Potential Accessory Dwelling Unit (ADU) Zone District Options Overlaid with Locations of Surveyed ADU Demand

I0 3,000 6,000 9,000

FeetCity of Englewood February, 2018

Residents Wanting to Construct ADUR-2 and MU-R-3 Zone District AreasR-1-C Comprehensive Plan Transition AreasR-1-C Zone Districts

R-1-A and R-1-B Zone District AreasCity BoundaryArterial and Collector StreetsLocal Streets

H:\jvoboril\gis\ADU\plots\ADU_CC_SS_Feb_2018_Demand.pdf

Englewood, Colorado

Back to the Future:

Planning and Zoning Commission

Recommended

Accessory Dwelling Unit Regulations

City Council Study Session

February 5, 2017 1

Back to the Future: Accessory Dwelling Units

Want to construct at current address:

OH #1: 22 (43%)

OH #2: 64 (54%)

Composite: 86 (51%)

Want to construct somewhere in the future:

OH #1: 11 (22%)

OH #2: 22 (18%)

Composite: 33 (19%)

Not interested in constructing – info only:

OH #1: 17 (33%)

OH #2: 41 (34%)

Composite: 58 (34%)2

Open House Attendee Profiles


Accessory Dwelling Units (ADU's) were constructed in Englewood in the 1920's, 30's,

and 40's in response to housing shortages.

There are over 180 existing ADU's scattered throughout the older portions of the City.

3

Englewood’s Accessory Dwelling Unit History


Are you aware of the existence of ADU’s in the community?

4

OH #1: Yes = 16 (90%)

OH #2: Yes = 102 (86%)

Composite: Yes = 118 (69%)

Do you know of any ADU’s on your block?

OH #1: Yes = 29 (57%)

OH #2: Yes = 37 (31%)


Any negative experiences with a neighboring ADU property?

OH #1: Yes = 11 (22%)

OH #2: Yes = 9 (8%)


Englewood’s Accessory Dwelling Unit History


Above 75%

60-75%

Below 60%

Strongly approve

Approve

Mixed

Strongly Agree 5

Agree 4

Neutral 3

Disagree 2

Strongly Disagree 1

Maximum Possible Score: 51 surveys x 5 = 255

Actual Total Score: 131

Converted to percentage: 51% - Approve

5

ADU Survey Scoring Summary

1. Provide options for varied and flexible lifestyle arrangement;

OH1: 83%, OH2: 83%, Comp: 83%

2. Provide options of alternative building structures/living space:

OH1: 81%, OH2: 79%, Comp: 80%

3. Provide potential supplemental source of income;

OH1: 76%, OH2: 82%, Comp: 80%

4. Increase property values and encourage higher levels of property

maintenance;

OH1: 71%, OH2: 74%, Comp: 73%

5. Provide options for building structure/living space expansion while

simultaneously encouraging preservation of existing structures.

OH1: 76%, OH2: 78%, Comp: 78%


6

Five Purposes of ADU’s

a. Garden Cottages are detached residential structures on the

same lot as a detached one-unit dwelling. Examples include

converted structures or new construction. Located in the rear

yard behind a principal structure. Garden cottages are not

attached to the principal structure or to the garage.

OH1: 77%, OH2: 80%, Comp: 79%

b. Carriage Houses are dwelling units above or attached to a

detached garage or other detached accessory structure.

OH1: 73%, OH2: 80%, Comp: 78%

An Accessory Dwelling Unit (ADU) is a smaller, secondary

residential dwelling unit on the same lot as a principal one-unit

dwelling. ADUs are independently habitable and provide the basic

requirements of living, sleeping, cooking, and sanitation.

6


Garden Cottage

Carriage HouseAttached ADU’s (basements or additions) not recommended.

OH1: 57%, OH2: 66%, Comp: 63%

Definition of ADU’s

Accessory Dwelling Unit Eligibility

7


Garden Cottage

Carriage House

One Unit Detached Dwelling Standard Lot (50 Foot Minimum Width)

Garden Cottage of Carriage House

OH1: 75%, OH2: 75%, Comp: 75%

One Unit Detached Dwelling Small Lot (37 Foot Minimum Width)

Carriage House only

OH1: 72%, OH2: 72%, Comp: 72%

Urban Lots (less than 37 Foot Width), Townhomes, Duplex, and MF Lots

Not eligible

OH1: 60-64%, OH2: 64-66%, Comp: 62-64%

1. New construction of

Accessory Dwelling Unit

structure (Carriage House

or Garden Cottage)

OH1: 78%, OH2: 78%,

Comp: 78%


9

Accessory Dwelling Unit Creation

2. Conversion of a

qualifying existing Alley

House to a Garden

Cottage while

simultaneously

constructing a new

principal dwelling in front

of the Garden Cottage

OH1: 71%, OH2: 73%,

Comp: 72%

1. The owner of record with a fifty-one percent (50%) minimum ownership interest in

the property must occupy either the Principal Dwelling Unit or the Accessory

Dwelling Unit (ADU) as their legal permanent address as demonstrated by voter

and vehicle registration. OH1: 64%, OH2: 64%, Comp: 64%

2. Owner shall verify on an annual basis that the owner continues to occupy either the

Principal Dwelling Unit or the Accessory Dwelling Unit (ADU) as their legal

permanent address through the City’s Annual Conforming ADU Registered Use

Mailing. OH1: 62%, OH2: 66%, Comp: 64%

3. Owner must reside on the property for a minimum of nine (9) months of the year.

The owner may not rent the owner’s legal residence without applying for a leave of

absence. OH1: 61%, OH2: 58%, Comp: 60%

4. If owned by a corporation or similar entity, the property must be occupied by a

person authorized to bind such entity in real estate matters.

OH1: 61%, OH2: 58%, Comp: 60%


1

0

Accessory Dwelling Unit Owner Occupancy Requirements

•

•

•

•

•

•

Temporary job assignments

Military deployments

Educational and research sabbaticals

Formal voluntary service for a humanitarian organization

Religious missionary service

Long term hospital, nursing home, and assisted living facility

stays due to adverse medical conditions

a. Owner must reside on the subject property for at least one year after construction

of the Accessory Dwelling Unit (ADU) before applying to the City for a Leave of

Absence. OH1: 60%, OH2: 61%, Comp: 61%

b. Owner may apply for a City-approved Leave of Absence of up to one year.

OH1: 53%, OH2: 57%, Comp: 56%

c. During approved Leave of Absence, owner may rent both the Principal Dwelling

Unit and the Accessory Dwelling Unit at the same time.

OH1: 60%, OH2: 67%, Comp: 65%

Owners may apply to the City for an extended Leave of Absence due to the following

situations:

10


Owner Leave of Absence

Accessory Dwelling Unit Design

11


1. An ADU shall not exceed 650 square feet of gross floor area.

OH1: 59%, OH2: 63%, Comp: 62%

2. Exterior stairs for access to an upper level accessory suite shall not be located on the

side of the accessory structure parallel to the nearest side lot line.

OH1: 65%, OH2: 69%, Comp: 68%

3. The lot coverage for a garden cottage ADU shall be counted toward the maximum

allowed lot coverage.

OH1: 65%, OH2: 67%, Comp: 66%

4. ADU placement is restricted to the rear 35% of the lot.

OH1: 63%, OH2: 64%, Comp: 64%

5. ADU must conform with all existing accessory structure setbacks.

OH1: 69%, OH2: 76%, Comp: 74%

6. A maximum bulk plane height of 12 feet will be established at side property lines.

OH1: 58%, OH2: 63%, Comp: 65%

12


Accessory Dwelling Unit Design

7. One off-street parking space shall be provided for each ADU.

OH1: 71%, OH2: 72%, Comp: 72%

8. ADU must connect to principal dwelling unit water and sewer lines. Separate lines are

not allowed.

OH1: 70%, OH2: 68%, Comp: 69%

9. ADU's may not be subdivided or sold separately.

OH1: 77%, OH2: 80%, Comp: 79%

12


Accessory Dwelling Unit Proposed Zoning Districts

A map of Englewood's historic ADU's reveals certain patterns:

• Historic ADU's are typically clustered within a quarter mile of the Broadway corridor,

and within a mile (walking distance) of Downtown Englewood, and are often found

within the City's Comprehensive Plan Limited Transition Areas.

• Historic ADU's are typically located in areas with alley ways.

• Relatively few historic ADU's are found in R-1-A and R-1-B zone districts, which date

from the 1950's and 1960's.

• Historic ADU's are relatively absent from the commercial zone districts (Business and

Medical).

Based on these patterns, the Englewood Planning and Zoning Commission

recommends allowing new ADU's in the following zoning districts:

MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, R-1-C

(Colored brown, orange, and light yellow on map)


15

ADU Proposed Zoning Districts


16


17

Respondents interested in constructing ADU’s (94), generally felt that ADU’s should

be allowed in all residential zone districts, including R-1-B, and R-1-A.

Of the respondents wishing to construct ADU’s on properties they currently own, 58

of these properties owners live within R-1-C zone districts.

Respondents not interested in constructing ADU’s could be divided into three groups:

• Favorable towards ADU’s (19)

• Allow ADU’s in R-3's and R-2's zone districts only. (13)

• Allow ADU’s in single family zone districts only. (3)

• Unfavorable view of ADU’s (20)

ADU Proposed Zoning Districts

Accessory Dwelling Unit (ADU) Open House Report and ...

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