Planning Commission unanimously backs ADU code changes to comply with state law, with recommended edits

WOODLAND PARK, Colo. — The Woodland Park Planning Commission voted unanimously Aug. 28 to recommend City Council adopt amendments to Title 18 of the municipal code that revise accessory dwelling unit (ADU) rules and residential occupancy limits to comply with new state laws. The changes respond to two bills cited by staff: House Bill 24‑1152 (ADUs) and House Bill 24‑1007 (residential occupancy limits). Planning Director Karen Schmink said the state now requires that ADUs be permitted in any zone where a single‑family detached dwelling is allowed and that municipalities may not use familial relationships to set occupancy limits. Why it matters: The proposed code changes remove requirements the state prohibits (including a prior owner‑occupancy mandate and an annual ADU permit renewal), add procedures for bringing preexisting nonconforming ADUs into compliance, and create a “functional ADU” definition staff can use for enforcement. The edits also remove a local distance/density limit that previously restricted how close ADUs could be to one another and adjust internal definitions and standards so city rules track the state statute. Key changes and clarifications presented by staff: - Permit/administration: City staff said ADU permits will be processed administratively rather than by annual renewal and affidavit language replaces the prior annual requirement. - Owner occupancy: The city can require owner occupancy in the primary residence only at the time the ADU permit is issued, but cannot require permanent on‑site owner occupancy thereafter. - Parking: State law prevents the city from requiring parking specifically for an ADU; however, the short‑term rental section of code still allows the city to require guest parking when an ADU is used as a primary‑residence short‑term rental. - Density/distance: A previous requirement that ADUs be separated by a fixed distance was removed to comply with state law. - Functional ADU: Staff proposed a definition to help enforcement recognize when a space “functions” as an ADU (kitchen, sleeping area, bathroom), even if a full permitting history is absent. Commissioner discussion: Commissioners questioned specific wording about detached ADUs and whether the city code, as drafted, would require a detached ADU to be located above a detached garage. Planning staff and the city attorney said a revised definition proposed by Commissioner Larry Larson (distributed during the meeting) would allow detached ADUs that are ground‑level structures; staff agreed the commission could adopt Larson’s revised definition in place of the packet language. Commissioner Ken Kennedy and others asked about occupant limits; staff and counsel said the city may apply health‑and‑safety‑based occupancy limits (for example, via building and fire code standards) but may not base limits on familial relationships. Public comment and questions included practical questions about appliances and whether a modular or premanufactured unit could qualify as an ADU; staff said the ordinance allows off‑site construction so long as the unit meets building standards and is designed to be consistent with the principal dwelling’s appearance (citing design standards in WPMC 18.33.0.18(h)). Sarah Graves, a resident who spoke during public comment, asked whether a full‑size stove and refrigerator are required; commissioners and staff replied the functional ADU language is intended to address appliances in the enforcement context and that many kitchen configurations could qualify so long as the unit provides independent living facilities. HOA covenants: The commission heard a question about homeowners association (HOA) covenants. Planning Director Schmink and the city attorney noted recent state legislation alters how covenants apply; counsel said state law overrides HOA prohibitions on ADUs, though enforcement of covenants remains between HOA and homeowners rather than the city. Motion and outcome: Commissioner motion language asked staff to incorporate Commissioner Larson’s revised ADU definition (an option presented during the meeting) and minor editorial corrections noted by Chair Lee Brown. The motion passed unanimously. Staff will forward the recommended ordinance to City Council for consideration. Limits and next steps: The commission directed staff to apply the revised definition and to correct typographical and numbering errors in the draft ordinance before referral. Any ADU built or permitted after council action will still be subject to building, setback and design standards contained elsewhere in Title 18 and other applicable codes.