Committee approves companion universal-design bills after technical fixes; sponsors urge phased implementation

May 15, 2025 — The Planning, Housing and Economic Development Committee voted to report favorably on CB-35 (universal design for housing: 2025 revisions) and its companion CB-41 (zoning ordinance amendments related to universal design) after sponsors presented draft technical changes and staff described companion zoning adjustments.

Sponsor Council member Ivy described CB-35 as a "minor cleanup bill" to prevent unintended consequences for builders from the prior language. She said the word "clearance," as previously used, could be read to require a nonstandard 38-inch doorway; the draft reduces unnecessary cost and still exceeds ADA doorway minima in some cases but is not intended to create ADA obligations. (Council member Ivy)

Zoning and planning staff: The zoning hearing examiner and planning board provided technical comments. Zoning counsel explained the amendments restore prior definitions and add a provision preventing a building official from waiving council- or ZHE-imposed conditions for special exceptions, zoning map amendments or detailed site plans; the speaker said procedures already exist to revise those conditions through the approving body. Planning Director Leticia Hall and principal counsel David Warner said the administration supports the draft amendments as technical reconciliations tied to a companion zoning bill. (David Warner; Leticia Hall)

Timing: Staff and sponsors noted the countys universal-design building-code requirements are not effective until January of the identified implementation year (a date sponsors asked to align between the zoning and building-code changes). Committee members and staff discussed amending effective dates so the zoning deletion of mandatory universal-design points would not remove requirements prematurely for projects already in process. (Miss Hightower; Council member O'Neil)

Votes and outcome: The committee moved favorable reports on CB-35 and CB-41 with amendments reflected in Draft 2. Roll calls recorded aye votes by Chair DeNova, Council member Hawkins, Council member Olson and Vice Chair Oriotta for CB-35 (motion carries 4-0) and the same outcome for CB-41 (motion carries 4-0). Both bills will be reported to the full council for further action. The committee also moved a favorable report on a related housekeeping bill (CB-34), which the clerk recorded as "Motion carries 4-0-1" (one absent). (Roll call recorded in transcript)

Ending: Sponsors said they will continue to work with planning, zoning and code officials on effective dates and any narrow drafting changes before final council consideration.