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ADU/OAU Power Points These slides depict:
How the proposed changes could play out, in terms of scaled drawings and visual renderings.
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Basic thoughts Accessory units can be an important part of the housing mix in Boulder City staff are currently proposing 12 changes to rules. Some minor, some major. Some of the changes interact with each other. It’s important to understand these synergistic, interactive effects. As with all legislation, the devil is often in the details, and it’s important to understand those details so people formulate informed opinions. Not a referendum on accessory units as good or bad. (Questions, and considerations, don’t equal opposition.)
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Some questions and considerations:
New City initiatives often play out differently in different neighborhoods. Some neighborhoods are highly affected, some not at all. Neighborhoods have different already-existing “stress levels” that they’re dealing with. So, if ratified, how might ADU legislation play out on the ground in already highly stressed neighborhoods? And how do ADU goals match with other Comp Plan goals?
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Boulder Valley Comprehensive Plan scientific survey (6,000 people):
. (This value received the most support of the many values surveyed under the Neighborhood section of the Comp Plan survey.) (This overwhelming Comp Plan survey sentiment – more than 2 to 1 – feels that new accessory units added under the new rules should be permanently affordable.)
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Some accessory unit current rules:
While your principal unit is required to have an off-street parking space… (25’ onto your property, from the street.) …ADUs and OAUs are also required to have an off-street parking space. The legislative assumption is that ADUs/OAUs are separate dwelling units, rented to adults, who likely own cars. Intent is to “reduce the impact of additional cars parked on the street (the public right-of-way).”
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Other current rules: Up to 10% of the homes within a 300’ radius can be ADUs (saturation limit). OAUs currently have no saturation limit – they are currently allowed in primarily large lot zones: Residential Estate (15,000 sq. ft. lots) Residential Rural (30,000 sq. ft. lots) RMX-1
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Proposal #1: eliminate off-street parking requirement for ADUs/OAUs
Staff rationale: “an average of 1.1 vehicles per ADU/OAU.” (That’s at current OAU size & occupancy…but staff propose to nearly double both. This will surely increase vehicles/OAUs & ADUs.) Many neighborhoods have abundant rentals with 3 unrelated people (or more), all with vehicles. Families with teenage drivers (more than 2 cars) Now, co-ops too, with multiple vehicles. So let’s see what it could look like if the off-street parking requirement is eliminated.
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Parking concerns on many blocks
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ADU/OAU with additional off street parking (rotated view)
Note, 4 vehicles fit Street
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ADU without additional off street parking (rotated view)
Note, 4th vehicle (in yellow) must park in front of a neighbor’s house
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A common approach to legislation:
Often, legislation isn’t designed for best case scenarios. Or even typical scenarios. Legislation often has built-in safeguards to account for a worst case scenario. Such that if it happens, there is something built into the law that can accommodate it. The current off-street parking requirement is a form of this. The situation re: motor vehicles may greatly change in the future. But the previous slides depict the common reality now. Rules can always be changed in the future, when the common reality changes.
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City staff’s presentation of an OAU (shaded in purple)
City staff’s presentation of an OAU (shaded in purple). It suggests a “best-case scenario,” not necessarily a “typical” one. Concern: if this OAU is 800 sq ft. , then the main house must be 5,000 sq. ft. (with its basement, as pictured). Most of Boulder is modest neighborhoods, with 1,000 +/- sq ft. main houses. An 800 sq ft. OAU will feel very different than this optimized illustration suggests.
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Proposal #2: double allowable saturation of ADUs
Currently, 10% of the properties within a 300’ radius can be ADUs. City staff propose that it should be 20%. Staff based much of this plan on a number of 231 legal ADUs city-wide. Many observers say there are many more illegal ADUs. If the plan is based on a starting number, it’d be good to start from an accurate number (all ADUs – legal and illegal).
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Proposal #3: Don’t count existing, non-conforming structures toward saturation limit.
Non-conforming structure: generally a unit that would be illegal today (or even in its own time) but was grandfathered in by the City. Example: a duplex in a single family neighborhood, where the zoning doesn’t allow them. But it’s there, and grandfathered.
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Let’s view some illustrations showing the relationships between:
Current saturation limits Increased saturation limits Non-conforming units Illegal (unaccounted for) ADUs
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Current licensed ADU situation in Many neighborhoods
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Adding more licensed ADUs up to 10% limit
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Let’s add non-conforming
Units Into the mix.
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Let’s add illegal ADUs Units Into the mix.
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10% saturation NOT counting
Illegal ADUs and non-conforming
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With no illegal ADUs or non-conforming structures
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University Hill, RL-1 zone, showing rentals
College Ave. Many of these rentals are “non-conforming units. “ Example: 83% of W side of the 900 block of 14th St. is non-conforming. If the City doesn’t count them, the additional ADU impact - particularly at the 20% saturation limit - will push many blocks over the tipping point. 9th Ave. Baseline Rd.
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Map of legal* ADUs: Boulder east half
It doesn’t appear that current 10% saturation limit is preventative in many neighborhoods. If that’s true, is there a different item that the City could focus on? Or, would it make sense to have “different policy tweaks” in different neighborhoods, rather than “one size fits all?” *How many more ADUs would show up if map counted illegal ones, too?
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Proposal #4: Allow OAUs in all residential zones in Boulder
Currently only allowed in: Residential Estate RE (15,000 sq. ft. lots) Residential Rural RR (30,000 sq. ft. lots) RMX zone, also There is currently no saturation limit on OAUs – every RE and RR lot, for example, can have an OAU in the backyard.
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From the City’s website:
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Proposal #5: Increase max. allowable size of ADUs
Currently, ADUs are limited to 33% of the size of the principal dwelling unit. Staff propose to increase this to 50%. Only affects homes of 2,000 sq. ft. and smaller, thus will have different effects in different neighborhoods.
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Proposal #6: Lowering minimum lot size to 5,000 sq. ft.
Currently, minimum lot size is 6,000 sq. ft. Martin Acres lots generally 6,000 – 7,000 sq ft.
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Proposal #7: Increase max size of OAUs
Currently, max size is 450 sq. ft. Staff propose increasing max size to 800 sq ft. That’s a 77% increase in size. The max size couldn’t be more than 50% of the principal dwelling unit. (So a 1,600 sq. ft. house could have an 800 sq. ft. OAU.) Many Martin Acres 2 bdrm houses are 800 sq. ft. So in some neighborhoods, it could feel like adding a 2nd house on one lot.
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Proposal #8: OAU design guidelines
Staff propose to allow OAUs to follow Compatible Development Standards.
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Proposal #9: Eliminate waiting time
City: “it was not intended so that developers can add more value and sales price to new construction.” Staff propose to have no waiting time.
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Proposal #10: Transference of accessory unit permits
Original Intent: Provide fairness for property owners limited by the saturation rule in obtaining an accessory unit permit when a property changes hands. Staff recommends: Remove permit system and rely entirely on rental licensing and building permitting Analysis Permit system renewals is duplicative of rental licensing program
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Proposal #11: Short term rentals
Currently, accessory units can be used for short term rentals. Staff propose to disallow this use.
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Proposal #12: Staff recommend increasing occupancy in accessory units
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A perspective to consider: re-sale
Currently, a 1,000 sq. ft. house in Boulder’s most modest neighborhoods can sell at $600,000. Pricey, but still barely within affordability for some first time home buyers (young families, young professionals.) But that 1,000 sq ft. house + a 500 sf accessory unit will sell for $850,000. (Putting it out of reach of many first buyers.) One of the City’s stated goals is “maintaining our stock of affordable middle income housing.” Will new ADU/OAU rules work at cross-purposes to that?
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