Council resumes ADU debate; staff proposes owner-occupancy, 16-foot detached limit and WUI restrictions

Colorado Springs planning staff returned to City Council on April 1 with a condensed set of recommended changes to the Unified Development Code (Chapter 7) governing accessory dwelling units (ADUs). Staff proposed a package of limits and safeguards and said council would consider final action at the April 8 meeting after a short public notice period.

Key staff proposals: City Planning Director Kevin Walker summarized the staff changes and said the revisions addressed council concerns from earlier work sessions. The main elements in the staff proposal were: - Parking: off-street parking requirement of one space per ADU. - Height: a 16-foot maximum building height for detached ADUs (intended as one-story units). A 25-foot maximum height would be allowed for ADUs built above covered parking (e.g., over a garage) to permit a two-story unit in that configuration. - Owner-occupancy: only an owner who resides on the property may apply for an ADU permit (the draft mirrored current short-term rental residency rules and staff said it was consistent with existing legal constraints). - Public notice: applicants must post the site prior to submitting a building permit so neighbors are given notice and can discuss the proposal with the owner. - Appeals and relief: staff said standard building permits would not be appealable if the permit meets the code; appeals would remain available for administrative relief or variance requests (for example, reduced setbacks), and those processes would continue to be appealable. - Wildfire resiliency zone (WUI-related): staff proposed to allow only integrated ADUs (modifications to existing living space such as converting a basement or creating an interior dwelling area) in areas identified by the fire marshal as the wildfire resiliency zone. Detached or attached new-construction ADUs would be disallowed in that zone; staff said the wildfire resiliency zone would initially coincide with the city’s current Wildland-Urban Interface mapping but might diverge as state wildfire rules evolve.

Safety, infrastructure and neighborhoods: Deputy Fire Marshal Chris Cooper described Appendix K (the city’s local WUI building and vegetation-hardening code) and explained structure-hardening requirements in interface areas — for example, Class A roofs, noncombustible exterior cladding on projections and overhangs, attic screening to limit ember intrusion, and vegetation/fuels management within defensible-space buffers. Cooper said builders who have complied with Appendix K saw an estimated average cost increase near 2% compared with non-compliant construction in prior work.

Council discussion and concerns: Council members broadly commended staff for a compromise but raised several concerns: - Some members, including Council member Lineweber, questioned limiting detached ADUs in the wildfire resiliency zone because a hardened ADU could be safer than unmanaged vegetation, and they asked for additional conversation with the fire marshal and possible future refinements. - Several members asked technical questions about appeals, variances, impacts on utilities and whether building permits would trigger an upgrade to existing services (water, sewer, electric). Utilities staff said in most cases existing service lines can support a typical ADU, and utility connection letters would be required as part of permitting where infrastructure limitations exist. - Some members stressed potential neighborhood character impacts and the possibility that owner-occupancy at application might not prevent subsequent sale to investors after permits are issued; staff said policing resale patterns would be administratively difficult and noted existing code and building-permit provisions would still apply.

Public participation and next steps: Council members decided to allow public speakers on the ADU ordinance at the April 8 meeting because staff made substantive revisions since the original public hearing; that session will include a brief staff update, public comment from the podium and a final council vote. Staff will return on April 8 with the ordinance language for adoption or adjustment.