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ADUs:
The Durango Experience VICKI VANDEGRIFT, AICP
SCOTT L. SHINE, AICP
ADUs:
The Durango Experience
1. INTRODUCTIONS
2. SETTING THE STAGE
3. PROCESS
4. IMPLEMENTATION
5. HOW’S IT GOING?
6. LESSONS LEARNED
7. Q & A
A
Great
Place
to Live!
Located in the Animas River Valley
Setting the Stage
Surrounded by hills &
mountains (limited flat sites for development)
Setting the Stage
Historic Downtown
Setting the Stage
College town
Housing Issues
Many second homes
48% of Durango’s housing units are rentals
Strong tourism market = Lots of service industry jobs
Projected to grow 52% over the next 20 years =
demand for 15,700 housing units in La Plata County
Neighborhood Preservation
With this growth
pressure, how will
we preserve the
character of our
existing
neighborhood?
What’s an ADU?
An Accessory Dwelling Unit is a small dwelling unit which is located on the same lot as a
principal home.
Attached (Integrated) ADUs
Attached (Integrated) ADUs
Detached ADU - Cottage
Detached ADU - Garage
Isn’t it a Duplex?
ADU
Clearly subordinate to
principal unit
Building appears as single-
family residence
Generally, unified ownership
A “single-family” use –
occupancy of lot is limited to
one “family”
Parking for 1 unit + ADU
Detached Duplex
Units may be equal in size
Building may appear as a two-
family residence
Units may be separately owned
A “two-family” use – occupancy
of lot is limited to two “families”
Parking for two units
Usually requires a larger lot
PROCESS
Previous ADU-Related Efforts
1988-1989: Old Code adoption process and discussion on residential sub-units
Duplexes became a Special Use on 7,500 SF lots or larger.
1998-2000: ADU public process with multiple meetings. No agreement.
2005: Residential Infill Development Standards. Bulk and mass are reduced, strong design guidelines are developed. Detached duplexes allowed on 7,500 SF lots or larger.
2009-2013: New Code review and adoption with ADUs allowed in two neighborhoods.
Why ADUs This Time?
2007 Comprehensive Plan
Emphasized sustainability including infill and smart growth strategies.
Implementation Program – Establish criteria for ADUs.
City Council
One newly elected member ran on a pro-ADU platform. All Council
Members supported ADUs.
Property Owners
Extremely vocal call for ADUs to be allowed in our existing neighborhoods.
Housing Market
Rewriting the Land Use and Development Code
WE HAVE TO DO SOMETHING WITH ALL OF THESE ILLEGAL UNITS!!!
Illegal ADUs
How Many?
No idea…but a lot!
The Process Begins…
LUDC Update process begins
in 2009.
Citizen Advisory Committee
formed.
Public Meetings: mostly
attended by pro-ADU
Supporters.
Realtor’s interest in clearing
up uncertainty.
ADU Love Fest!
ADUs are the answer to all of our housing problems:
Affordability
Aging parents or college kids
Allows a couple looking for a second home in Durango to have a caretaker
on site (yea!)
ADUs should be allowed in all zone districts.
Allow ADUs on any size lot.
Staff Rebellion
No way to administer this wide open of a program.
Broader process and participation needed: Persons in single-family
neighborhoods didn’t know about the proposed changes.
Dealing with all of the illegal ADUs was a total unknown: how many
properties, how much time on each, what will we find out there?
We must find a way to avoid encouraging speculative property purchase
and second home owners.
Staff Rebellion
Council backs down.
3 neighborhoods.
No, only 2 neighborhoods
(to start).
Only in areas where
duplexes were previously
allowed.
Neighborhoods
Historic Neighborhoods
Downtown grid (EN-1)
Avenues along state highway (EN-2)
Most lots are between 5,000 and 7,500 SF
Primarily alley-loaded
3rd Avenue Historic District is the premier real estate in Durango.
Neighbor Uprising
Neighborhood advocacy group created
(CHEN – Citizens for Healthy Established
Neighborhoods)
Comprised of some of our most prominent citizen activists
Long-term residents who feel entitled
Constantly pointing to the deficiency in
enforcement against existing illegal units.
Organized many anti-ADU activities including letter-writing campaign and petitions.
Neighbor Uprising
Citizen-led survey of one
neighborhood’s existing
units.
Hundreds of potential units
exist.
Hundreds of additional
units could be built if code
passes.
Neighbor Uprising
Neighbor Uprising
Then things got very interesting!
Neighbor Uprising
Picketed
our
Office!
Really?!?
In the end…Compromise
But it Took Drafts…Drafts…& More Drafts!
First Draft - December 12, 2010
Additional Drafts
February 27, 2011
April 25, 2011
May 25, 2011
September 29, 2011
October 3, 2011
November 8, 2011
December 1, 2011
December 8, 2011
July 16, 2012
February 27, 2013
And even more drafts!
Lots of Public Meetings & Study Sessions
So How Did We Compromise?
Size of Unit – Staff held firm, neighbors supported staff, Council
backed down. The biggest pro-neighborhood Council Member was
our major opponent to the size limit – she wanted to live in one
someday and needed more room.
Definition of Family – Did not change.
Lot Size – Supporters advanced no lot size restrictions, staff
resisted, neighbors supported staff, ultimately Council allowed half
of one neighborhood to not have a size restriction.
So How Did We Compromise?
Design Standards – Staff advanced to address neighborhood
issues, Council tweaked and approved.
No Variances – For anything related to an ADU.
Promised Enforcement
Bring substandard units up to a safe condition
Agreed to be proactive not just reactive
So How Did We Compromise?
…Final Piece of the Puzzle!
Owner Occupancy – Staff advanced, neighbors
loved and agreed that this requirement would change
their opposition, Council accepted the change.
Public Hearings
We separated out ADUs and adopted the code ahead
of the rest of the LUDC.
Very little controversy during the public hearings
Willing to support ADUs as long as all of the
compromises were in place.
Council made very minor modifications to the
Ordinance.
Durango’s New Code
Fully web-based
Searchable
Visual
IMPLEMENTATION
Managing Existing Units?
ADU Amnesty Program
Punitive ADU Program
Illegal Housing Initiative
Housing Fees Extortion Effort
Pre-Existing Unit Voluntary Registration
Program Details
Voluntary Registration Period with Incentives followed by Proactive
Enforcement
Four months…then 10 months…then 16 months of voluntary registration.
Age-based fees, not current fees (Can be a difference of up to $4,300).
Separated into three main age categories based on legal history.
Owner gets a recorded document that clearly establishes legitimacy.
Program Details
Program Details
Forms…lots of FORMS!
Age/Safety Affidavit in lieu of
inspections
Owner-Occupancy Affidavit with
renewal every two years
Payment Plan Option
Innovative Implementation Tools
Online registration form
GIS Integration
Innovative Implementation Tools
Visual media
Mass mailings
One More Neighborhood
Council was lobbied to add
another neighborhood.
Staff wanted to delay. Council
said ‘No’ (due to upcoming
elections).
Much easier and quicker this
time.
Web-based survey showed clear
support for adoption.
Opponents realized support was
there, focused on lot size and
other controls.
How’s It Going?
Lots of registrations! Over 260…But definitely not getting all units.
Only 9 applications for new ADUs since July 2014.
Controversy has died down.
Some confusion exists…ADUs vs. Duplexes.
Voluntary registration period has ended. Enforcement gearing up.
Spin-off projects: housing code, housing strategy, etc.
How’s It Going?
Lessons Learned
Procedural
Embrace differing staff perspectives.
Use web-based tools to obtain, track, and share data.
Use various forms of outreach.
Invest in and be patient with an up-front, in-depth process.
Test, adjust & adapt.
Lessons Learned
On ADUs
Size limits and design are crucial considerations.
Primary neighbor concerns are noise, loss of privacy, and traffic/parking.
Owner-occupancy requirement alleviates many concerns, but will be
hard to track.
One part of a more comprehensive housing strategy…not a silver bullet.
Financing is complicated.
ADUs are developed gradually over time. Perceptions of a ‘rush’ appear
to be unfounded.
Q & A
ADUs:
The Durango Experience
VICKI VANDEGRIFT, AICP
SCOTT L. SHINE, AICP