Agenda Date: 01/07/2025
Subject:
Title
Ordinance 31-2024: An ordinance on second reading adopting changes to the ULUC regarding Neighborhood Housing Opportunities
Body
From:
James L. Becklenberg, City Manager
Prepared by:
Zareen Tasneem, Senior Planner
Presentations:
Zareen Tasneem, Senior Planner
PURPOSE:
Final city council review and decision on revisions to Title 10, the Unified Land Use Code (ULUC), related to neighborhood housing opportunities.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance; Vibrant Community with a Rich Culture; Robust and Resilient Economy
DISCUSSION:
When the Unified Land Use Code (ULUC) was adopted on October 18, 2021, it included several land use categories that fall under the missing middle housing types. Generally, this term covers the transect of housing types that fall in between single-family detached houses and mid-rise apartment buildings. Examples include duplexes, accessory dwelling units (ADUs), cottage court communities, and multiplexes which are three or four unit attached residences. These land use categories often have restrictive standards associated with them in the ULUC that make them difficult to build. As a result, the city has only received a handful of building permits and site plans proposing to construct these types of residential uses.
Based on Council direction, staff established several goals with the neighborhood housing opportunities project that the proposed changes categorically fall under:
* Clarify zoning code regulations
* Incorporate requirements of recently passed state legislation regarding ADUs
* Reduce existing zoning code barriers
* Expand household living types as permitted in more zone districts
Proposed Code Amendment
As a result of the community survey, stakeholder group meeting, background research, study sessions, and Planning Commission public hearing conducted the last few months, staff is proposing the following changes (this list is not all-inclusive):
* Simplified, consistent definitions and use types:
o Duplex - only one category to refer to two primary dwelling units in one building, all other categories deleted
o Multiplex - now means a 3-4 unit building that does not meet the townhome definition, e.g. a stacked triplex
o Townhome - a 3+-unit single-family attached product
o ADU categories
* Attached - shares a common wall with the primary dwelling unit
* Detached - does not share a common wall
o Height - definition aligns with building code definition
* Cottage Court Communities
o Clarified housing types permitted and established maximum square foot limits
o Increased maximum parking permitted to 2 spaces/unit
o Removed adjacency requirement
o Reduced minimum site area requirement to a quarter acre
* Incorporated requirements of recently passed State legislation regarding ADUs
o Removed alley access requirement for detached ADUs
o Allowing detached ADUs in all NB zone districts
o Increased gross floor area allowed for detached ADUs
o Permitted in areas that have single-family only planned development regulations
o Maximum height increased to be equal to height allowed for a single-family detached house in the same zone district
o Removed minimum parking requirement
* Duplexes
o Removed conditional use permit requirement for duplexes in Small Lot Residential (SLR)
o Removed site plan process requirement for duplexes in all zone districts
o Removed requirement for duplexes in SLR to be north of W. Caley Avenue
* Changed ACR minimum lot area to for single-family detached homes to 1 acre1
* Added standards for existing single-family detached houses in Multi-Family Residential (MFR)
* Allowing duplexes and multiplexes in all NB zone districts1
* Multiplexes in ACR and Large Lot Residential (LLR)
o Limited to just one building on existing lots1
o Limited maximum building coverage to be the same as a single-family detached house in the same zone district1,2
* Allowing multiplexes and 3-4-unit townhomes in Medium Lot Residential (MLR) and SLR
* Increased proposed maximum building coverage for multiplexes in MLR and SLR to 60%1
* Exempted multiplexes and townhomes from site plan review process in ACR, LLR, MLR, and SLR1,2
Notes: 1 = changes made since the Oct. 22nd study session discussion
2 = amendment made by Planning Commission during Nov. 18th public hearing
Please note that the proposed code amendment exhibit contained in the Dec. 17, 2024 packet contained the following two scrivener's errors, which have been corrected in the attached proposed code amendment exhibit:
* Minimum lot width for duplex in ACR was shown as 87'. Corrected to 87.5'.
* Minimum lot width for duplex in MLR was shown as 32'. Corrected to 32.5'.
Clarifying Notes on the Proposed Changes
While the proposed changes aim to expand missing middle housing types as use by right in more residential zones, development standards are still necessary which limit location of where missing middle may be built. For example, there is a need to meet minimum lot area and lot width standards. There are minimal and in most cases no changes proposed in this code amendment to minimum lot area, maximum height, or maximum building coverage accounting for all structures on the property (primary house, detached garage, sheds, pergolas, covered patios, etc.). The standards of the current ULUC stay the same in most cases with slight adjustments to not only make the identified housing types permissible but functionally buildable.
In addition, many properties in the city remain governed by planned development zoning regulations, which in some cases only allow single-family detached homes. ADUs are exempt from these planned development rules, per recent state legislation. The other applicable housing types are not exempt from planned development rules. For example, such a property would not be permitted to build a duplex if only single-family detached homes are allowed under a planned development, unless a site plan process approved by planning commission is completed.
Recent changes to state law preempt homeowner associations (HOAs) from their ability to prohibit ADUs. Those HOAs who have covenants or restrictions prohibiting their construction are deemed void by state law. As it relates to the other applicable housing types covered by this amendment, HOA's could prohibit these types of uses. HOA regulations can be more restrictive than state and local law, but not less restrictive. The city does not administer/regulate HOA covenants as part of our review processes; that is the responsibility of the private HOAs. Please see attached for a map of HOAs within the City of Littleton.
The elimination of the site plan requirement does not eliminate the requirement for the structure to meet all applicable land use and zoning requirements outlined within the ULUC. These elements will still be reviewed by the planning and engineering teams as part of the building permit review process. The benefit of removing the site plan requirement allows for a potential project to move forward more quickly without requiring a pre-application meeting and two neighborhood meetings.
This proposal does not eliminate the ability to own or build a single-family detached home in the City of Littleton. Single-family detached homes are permitted in over half the City's zone districts and four out of five residential zone districts.
Development Example Scenarios
The following examples respond to themes of questions staff has heard and are based on what the ULUC might be, as the proposal currently stands post-Planning Commission public hearing. For the purposes of these scenarios, staff compared basic requirements of building a single-family detached house and a multiplex in the Large Lot Residential (LLR) and Small Lot Residential (SLR) zone districts. Per the code amendments, a multiplex means a residential structure, containing three or four dwelling units, that does not meet the definition of Townhome. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under. Townhome means a single-family attached dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation. The units are separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility. They contain three or more units in one building structure. So, under these definitions, a stacked triplex would be categorized as a multiplex, whereas a 3-unit townhome would be one that is arranged side-by-side with the individual front doors facing a street.
LLR Example
Minimum lot area needed for a single-family detached home in the LLR zone district is 20,000 sf. Minimum lot width is 85 feet. Maximum height permitted is 30 feet and 3 stories. Maximum building coverage accounting for all structures on the property (primary house, detached garage, sheds, pergolas, covered patios, etc.) is 33% of that lot. The proposed code amendment would not change any of these standards; these are the standards today.
On an LLR-zoned lot, let's assume that someone now wants to build a multiplex on an existing 20,000 sf lot. That multiplex would also be permitted to be a maximum of 30' feet and 3 stories. Maximum building coverage accounting for all structures on the property (multiplex, detached garage, sheds, pergolas, covered patios, etc.) is 33% of that lot. The site also needs to be a minimum lot width of 45 feet to build a 3-unit multiplex and 60 feet to build a 4-unit multiplex.
SLR Example
Minimum lot area needed for a single-family detached home in the SLR zone district is 6,250 sf. Minimum lot width is 50 feet. Maximum height permitted is 30 feet and 2.5 stories. Maximum building coverage accounting for all structures on the property (primary house, detached garage, sheds, pergolas, covered patios, etc.) is 45% of that lot. There are no proposed changes to these standards with this code amendment; these are the standards today.
Let's assume that someone now wants to build a multiplex on an existing quarter acre lot (10,890 sf) zoned SLR. That multiplex would also be permitted to be a maximum of 30' feet and 2.5 stories. Maximum building coverage accounting for all structures on the property (multiplex, detached garage, sheds, pergolas, covered patios, etc.) is 60% of that lot. The site also needs to be a minimum lot width of 45 feet to build a 3-unit multiplex and 60 feet to build a 4-unit multiplex.
State Review of ADU Updates
Staff was able to receive a courtesy review from State of Colorado staff of the proposed ADU code amendment changes in relation to compliance with House Bill 24-1152 between the October study session and November Planning Commission public hearing. State staff made minor suggestions related to some of the code text language so that it could not be interpreted as being restrictive design standards, which City staff has incorporated. Otherwise, the proposed text was generally in compliance.
City Council Considerations:
When a Council determines whether to make text amendments to the City's Land Use Code it should be based on the following decision considerations:
1. Impact Mitigation. The amendment may serve to mitigate adverse impacts of the ese and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to those issues;
2. Changing Conditions. The amendment may serve to address a changing condition that was not anticipated in the Comprehensive Plan or this Code;
3. Community Need. The amendment may serve to address demonstrated community needs;
4. Strategic Objectives. The amendment may advance the strategic policies or objectives of the Council, such as fiscal responsibility, efficient use of infrastructure and public services, or other articulated city policies and objectives or reflect a change in such; or
5. Code Usage. The amendment corrects an error, omission, or other deficiency in the Code, enhances its clarity, or otherwise improves its operation, function, or utility.
BACKGROUND:
Envision Littleton, the City's comprehensive plan, names housing diversity as one of its goals. To align with this goal, staff made incremental changes to the ULUC's ADU regulations last year as part of a larger code amendment. During that process, both Littleton's Planning Commission and City Council expressed an interest in taking a more comprehensive look at the ADU regulations in 2024. During a joint study session with the planning commission and Housing Task Force on December 11, 2023, The groups expressed interest in options for "missing middle housing" types that could be built in the Neighborhood (NB) zone districts. Staff decided to term these categorically as "Neighborhood Housing Opportunities."
During the January 23, 2024 city council study session, staff presented this thematic approach to focusing on a code amendment this year for the first time and was given direction to develop code amendment options regarding the missing middle, a.k.a. Neighborhood Housing Opportunities topic. At the June 4, 2024 city council study session, council gave specific direction to staff to explore the allowance of all missing middle housing types in all the NB zone districts. Staff then conducted a community survey, a technical stakeholder group meeting, and other background research on the topic of "missing middle housing" and ADUs from June to October, 2024. At the October 22, 2024 joint study session with the Littleton City Council and Planning Commission, staff presented the results of their research efforts and a draft of the code amendment. Throughout the process, the City communicated about the Neighborhood Options potential code changes and public survey opportunities through the Littleton Report (in-print and online), all social media channels, and through communication with the Littleton Independent.
Updates since Oct.22nd Study Session
Additional Research on Acreage Lot Residential (ACR) Lots
Staff was given direction at the Oct. 22nd joint City Council and Planning Commission study session to perform additional research on existing ACR lots. In total, there are 74 lots zoned ACR, 11 of which are designated for open space use that were not used in the following calculations. Of the remaining 63 lots, 62 are greater than or equal to 1 acre. The smallest ACR lot is approximately 0.945 acres. Based on manual measurements of approximate lot widths, the average ACR lot is about 264.49 feet wide and the smallest ACR lot is about 137.50 feet wide. As a result of this research and direction given at the Oct. 22nd study session, the minimum lot area for single-family detached homes in ACR was reduced to 1 acre and duplexes to 0.5 acre.
Public Comments on Draft Code
The draft code amendments were available for a public review period from October 8-27, 2024. We received about 50 comments in total (please see attached), which were reviewed during a public hearing in front of Planning Commission on November 18, 2024. Most of the comments are critical of the proposed amendments not being permissive enough. During the public hearing, Planning Commission concluded that they would like to see the issues brought up in the comments brought forth in a future study session before they make any decisions. The Planning Commission was amenable to moving the text amendment forward with amendments and discuss the new issues brought up through the public engagement comments in the future.
Issues brought up in the comments within the current scope of work included:
* Allowing for more permissive development standards for applicable use types in the downtown zone districts
* For residential type terminology, replace use of "family" with "unit," i.e. single-unit detached vs. single-family detached
* For all neighborhood zone districts
o Permitting all applicable use types without limitations
o Changing minimum lot size and setbacks and maximum heights limits to be more permissive
* Removing deed restriction limitation for ADUs
Issues brought up in the comments outside the current scope of work included:
* Bicycle parking standards
* Removing parking minimum requirements in general
* Increasing maximum building height for mixed-use buildings in Corridor Mixed Use zone districts
Prior Actions or Discussions
* January 23, 2024 city council study session: Council gave staff direction to pursue work on this code amendment topic this year.
* June 4, 2024 city council study session: Council gave staff direction on the scope of the code amendments, which included exploring allowing all missing middle housing types in all the Neighborhood zone districts.
* October 22, 2024 joint city council and planning commission study session: Staff presented a draft of the code amendment. Council and Planning Commission gave staff direction on some revisions and additional research they wanted to see.
* November 18, 2024 planning commission meeting: The commission recommended approval (7-0) of PC Resolution 08-2024 (see attached), with some amendments.
* December 17, 2024 regular city council meeting: council approved the ordinance on first reading.
FISCAL IMPACTS:
By removing duplexes, multiplexes, and townhomes from the site plan review process prior to building permit review (as currently proposed), the city will not be able to recover the cost of the services to review projects under the adopted 2024 fee schedule. Staff anticipates adjusting building permit plan review fees to recover the full cost of the services necessary to review future projects. This will be completed through a separate process with City Council in the first Quarter of 2025.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 31-2024, approval of a code text amendment to Title 10, the Unified Land Use Code, regarding Neighborhood Housing Opportunities.
ALTERNATIVES:
Council may choose to reject the code amendment or may approve the code amendment with revisions.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 31-2024 on second reading adopting changes to the ULUC regarding Neighborhood Housing Opportunities.