To: Honorable Mayor and Members of Town Council
From: Bill Detweiler, Director, Development Services
Tammy King, Zoning Manager, Development Services
Title
Ordinance Amending Title 17 of the Castle Rock Municipal Code by Adding a New Chapter 17.61 Concerning Accessory Dwelling Units (Second Reading - Approved on First Reading on December 5, 2017 with a vote of 6-0)
Body
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Executive Summary
On December 5, 2017, staff presented the 1st reading of the Accessory Dwelling Unit (ADU) ordinance for Council consideration. Council took public testimony and discussed options related to the code amendment. Public testimony supported the code amendment language seeking alternatives on the maximum square feet. Council determined that additional review needed to occur on the maximum square feet for an ADU and directed staff to research this issue and return with a recommendation.
The attached map (Attachment E) depicts areas without HOA’s confirming 60% of those lots are ¼ acre or less, and that 34% of those lots are less than ½ acre. Currently, there are several Planned Developments (PD’s) which allow ADU’s (Attachment F). Based upon discussion with adjoining jurisdictions and staff analysis, staff is recommending Council consider a maximum of 800 square feet for any new building addition or detached ADU structure and a maximum of 50% of the total floor area if the ADU is located within the existing structure. For Council reference and consideration, a two-car garage is typically 500 square feet, a three-car garage is typically 800 square feet, and a
four+ car garage is typically 1,000 square feet. Staff is recommending, based upon our research and character study, that 800 square feet is the most reasonable limit for a detached ADU.
Background
Town Council received inquiries from Craig and Gould residents requesting that Council consider allowing ADU’s in the Craig and Gould neighborhood. Following staff discussion with Council on May 16, 2017, Council directed staff to draft a Town-wide ordinance to allow ADU’s as a use-by-right in all residential zones, excepting properties zoned Mobile Home, provided building and all design criteria are met.
Staff presented the ADU ordinance to Planning Commission on October 12, 2017. At that time, the Planning Commission requested that staff clarify construction on multi-family lots and to draft an alternative motion that would require all ADU’s with exterior modifications or additions be required to go through the Use By Special Review Process (interior remodels would be handled administratively).
Discussion
Currently, the Town Code does not address ADU’s; however, there are several PD regulations that allow ADU’s through Use by Special Review. In addition, several PD’s allow mother-in-law or nanny units by-right, with specific performance standards.
The Town’s Comprehensive Master Plan, Policy LU-2.3, states: “Encourage a variety of housing types, including a mix of styles, density and compatible design to satisfy a wide range of needs for creation of more housing choices.” This section of the Plan would support allowing ADU’s within communities where the overall character of the community would be compatible with ADU development.
The proposed ordinance language is generally consistent with our neighboring jurisdictions and we have incorporated various regulations that we believe provides reasonable, understandable, and enforceable regulations related to ADU’s.
Public Outreach
Town Council received inquiries from Craig and Gould residents requesting that Council look into the possibility of allowing ADU’s in the Craig and Gould neighborhood. Staff prepared background information and presented the ADU topic before Town Council on May 16, 2017. Staff sought input and direction from Council on this item. Following discussion, Council directed staff to draft a Town-wide ordinance to allow ADU’s by-right in all residential zones, provided building and design criteria are met.
Staff Findings
Staff finds that code regulations could be amended to allow ADU’s as a use-by-right in residentially zoned properties with specific performance standards:
• Number of ADU’s
o One ADU per parcel/lot
• Owner Occupancy
o The owner must occupy one of the dwellings on the lot/parcel
• Dual Rental Prohibited
o At no time shall both units be used as rentals
o Deed restriction recorded prior to issuance of building permit
• Subdivision
o Parcel will not be subdivided or conveyed
• Utilities
o No separate water or sewer taps and all billing will be to the primary dwelling account holder
o If larger tap is required, the applicant will incur that cost
• HOA Compliance
o Town will not enforce HOA Covenants
• Design
o The ADU shall be similar in character, architectural design, style and appearance with existing dwelling
o All applicable zoning requirements of the underlying zoning will be required
• Size
o The ADU shall be no greater than 50% of existing habitable space and no greater than 800 square feet for a new building addition or detached ADU
• Number of Entrances
o Only one entrance facing the addressed right-of-way
• Deviation from Stated Conditions
o The Board of Adjustment shall hear any variance from the ADU ordinance
• Pets
o The number of pets will be enforced per parcel/lot, not per dwelling
• Prohibited Use
o Mobile homes, recreational vehicles and travel trailers are not acceptable for ADU’s
Staff Recommendation
Council adopted the ADU ordinance on first reading while directing staff to research maximum square feet for ADU and return to Council with a recommendation. Staff is recommending approval of the ADU Ordinance on second reading with a maximum 800 square foot provision.
Proposed Motion
Motion 1
I move to approve the Ordinance as introduced by title, second reading.
Attachments
Attachment A: Ordinance - 2nd Reading
Attachment B: December 5, 2017 Town Council Draft Minutes
Attachment C: November 9, 2017 Planning Commission Minutes
Attachment D: October 25, 2017 Historic Preservation Board Minutes
Attachment E: ADU Ordinance Study Map
Attachment F: PD’s Allowing ADU’s