Englewood planning commission urges City Council to adopt Title 16 changes to align with state housing law

The Englewood Planning and Zoning Commission voted unanimously March 17 to recommend that City Council adopt a set of Title 16 amendments intended to bring the city’s zoning code into compliance with recent state housing legislation.

Senior planner Will Charles told the commission the first round of changes covers accessory dwelling units (ADUs), landscape requirements and definitions. Key changes include a clarified ADU definition, a requirement of 2,000 square feet of lot area per ADU on parcels that allow multiple ADUs, a consolidated table for setbacks and height standards, removal of local “design compatibility” language the state forbids, and new landscape limits on nonfunctional turf and invasive plant species for certain project types.

Why it matters: the revisions are intended to eliminate conflicts between Englewood’s code and state law and to make it easier for homeowners to add ADUs — a planning tool frequently cited as a way to expand housing supply without changing neighborhood footprints.

During the presentation, Charles summarized technical changes: attached and internal ADUs may not face more restrictive setbacks than accessory structures, the code sets a minimum three-foot side and rear setback for ADUs in some situations, and the maximum height for an ADU is standardized at 25 feet (rather than using the primary building’s height as a ceiling). He also said the city will explicitly exclude motor homes and RVs from being used as ADUs, consistent with current practice.

Commissioners asked detailed questions about effects on occupancy, building form and parking. On household definitions, Charles said the revised code removes the previous restriction that limited unrelated occupants (previously a four-person cap) and instead defines a household as people who live in the same dwelling, noting that occupancy limits remain a building-code matter enforced by building officials. "If you live in the same house, you're a household," Charles said.

Several commissioners pressed staff on the 25-foot ADU height limit, and on how height is measured. Charles explained the city measures structure height from the average grade at the four corners of a structure to the top of the ADU; that measurement applies regardless of whether an ADU is above a garage, attached or detached. Commissioners raised neighborhood character concerns and cost implications of building above garages; one commissioner said building an ADU above an existing garage could cost roughly $300,000 to $350,000, whereas converting an existing garage is often substantially cheaper.

The commission also debated allowing ADUs on courtyard lots and whether interior lots in 1/3–2/3 subdivision patterns should be eligible for splits or ADUs. Commissioners suggested forwarding recommendations to City Council about allowing certain interior-lot splits (for example, lots with alley access) while noting that pending state legislation on parcel reconfiguration could supersede local changes.

After discussion, Commissioner Brenda moved — and later amended — a motion that the commission strongly recommend City Council adopt the Title 16 amendments as presented. The motion was seconded and approved by unanimous voice vote. Staff said the item will return with findings of fact for the commission on April 7 before proceeding to council review.

What’s next: the Planning and Zoning Commission’s recommendation, staff findings of fact on April 7 and subsequent City Council consideration will determine whether and when the amendments are adopted locally.