Agenda Date: 06/03/2025
Subject:
Title
Ordinance 09-2025: An ordinance on second reading approving code text amendments to Title 10, the Unified Land Use Code related to Accessory Dwelling Units (ADUs)
Body
|
From: |
James L. Becklenberg, City Manager |
|
Prepared by: |
Matt Knight, Community Development Director |
|
|
Andrea Vaughn, Senior Planner |
|
Presentations: |
Andrea Vaughn, Senior Planner |
PURPOSE:
Final City Council review and decision of revisions to Title 10, the Unified Land Use Code (ULUC) related to ADUs.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance; Robust and Resilient Economy
DISCUSSION:
When the Unified Land Use Code (ULUC) was adopted on October 18, 2021, it included regulations to permit the construction of Accessory Dwelling Units (ADUs). In 2023, staff received direction from City Council to begin to explore potential amendments to reduce the regulatory burden for the construction of ADUs as well as where they could be constructed. Shortly after receiving this direction, HB24-1152 was introduced, and then passed, at the state legislature, which sought to reduce barriers to the construction of ADUs statewide.
Staff established several goals when developing the proposed changes categorically fall under:
• Clarify zoning code regulations
• Incorporate requirements of recently passed state legislation regarding ADUs
• Reduce existing zoning code barriers
The ULUC proposed code changes are now ready for City Council review and decision.
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 in 2023 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 the legislative session in 2024, the state legislature passed HB24-1152, “Accessory Dwelling Units”, which requires that by June 30, 2025, all municipalities must permit ADUs in all zoning districts, where a single-family dwelling unit is permitted, and prohibited a set of restrictive measures, in order to encourage greater construction of ADUs statewide.
This work was first explored as part of a broader housing amendment project, known as “Neighborhood Housing Opportunities”, which was tabled indefinitely at the January 7, 2025 council meeting. From June to October of 2024, as part of the “Neighborhood Housing Opportunities” research and engagement, staff conducted a community survey and a technical stakeholder group meeting seeking feedback on ADUs, as well as other housing types 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. More recently, staff held an open house to discuss the proposed changes, that was attended by approximately 70 people.
On March 11, 2025, Staff met with Planning Commission and City Council at a joint study session to provide an overview of the items that are required according to HB24-1152, “Accessory Dwelling Units”. In addition to providing high level guidance of what is required according to the legislation, staff identified and presented several options to further reduce Code barriers for the construction of ADUs.
Proposed Code Amendment
As a result of the community survey, stakeholder group meeting, background research, study sessions, and public review comment period, Staff is proposing the following changes (this list is not all-inclusive):
§ Simplified, consistent definitions and use types:
§ ADU categories
§ Attached - shares a common wall with the primary dwelling unit
§ Detached - does not share a common wall
§ Incorporated requirements of recently passed State legislation regarding ADUs
§ Removed alley access requirement for detached ADUs
§ Allowing detached ADUs in all NB zone districts
§ Permitted in areas that have single-family only planned development regulations
§ Removed minimum parking requirement, except in narrow circumstances, outlined in the state legislation
§ Sought to further reduce Code barriers for the construction of ADUs
§ Increased gross floor area allowed for detached ADUs
§ Maximum height increased to be equal to height allowed for a single-family detached house in the same zone district
Clarifying Notes on the Proposed Changes
While the proposed changes aim to expand the permissibility for the construction of an ADU, development standards are still necessary which limit location of where units may be built. For example, there is still a restriction of maximum building coverage, as well as setbacks, that must be met.
Additionally, many properties in the city remain governed by planned development zoning regulations, which in some cases only allow single-family detached homes. Pursuant to recent state legislation ADUs would be an allowed use even if prohibited by planned development rules.
Prior Actions or Discussions
• At the January 23, 2024 City Council study session, council gave staff direction to pursue amending the Code to allow for greater flexibility in the construction of ADUs, as well as other housing types, as part of the “Neighborhood Housing” Code amendment
• At the November 18, 2024 Planning Commission hearing, staff first presented the proposed amendments to ADUs, as well as the entirety of the “Neighborhood Housing Opportunities”, where it was passed unanimously
• On January 7, 2025, City Council voted to table indefinitely the “Neighborhood Housing Opportunities” proposed amendments, which included the proposed changes to ADUs
• On March 11, 2025, staff met with City Council and Planning Commission at a joint study session, to provide an overview of the legislative and nonlegislative updates and to seek feedback on further reducing Code barriers to the construction of ADUs
• On May 12, 2025, staff presented the proposed amendments at Planning Commission. The Commission recommended approval (7-0) of PC Resolution 02-2025
• On May 20, 2025, City Council passed this ordinance on first reading.
FISCAL IMPACTS:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 09-2025, text amendment to Title 10, the Unified Land Use Code regarding Accessory Dwelling Units.
ALTERNATIVES:
The City Council may approve the code amendment, reject the code amendment, or approve the code amendment with revisions.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 09-2025 on second reading, approving code text amendments to Title 10, the Unified Land Use Code related to Accessory Dwelling Units (ADUs).