Homeowners in the Hale neighborhood will be able to build accessory dwelling units (ADU) a little bit easier if Denver City Council approves a proposed rezoning for the area next month.
The Land Use committee passed the legislative rezoning this week that would allow for ADU construction in the neighborhood. It'll go before City Council in the upcoming weeks and there will be a public hearing on the matter tentatively scheduled for March 26.
The rezoning would apply to about 1,500 properties. The neighborhood is mainly zoned now for single-unit housing and that would remain the case, if the rezoning proposal was passed.
Councilmember Amanda Sawyer is spearheading the proposal. She's already rezoned the East Colfax neighborhood in her district to allow for ADU construction. Residents in the Montclair neighborhood in her district indicated they had no interest for such rezoning.
For the Hale neighborhood, Sawyer and the city's Community Planning and Development department held several in-person and virtual meetings regarding the proposal and sent out a survey, ultimately receiving about 50% support for the proposal.
About 382 people responded to the survey and around 212 of those responses were considered valid. About 124 people were in favor, 78 were opposed and 10 were undecided. As for public comment, CPD said they received four letters of support, one person had a general comment and 18 responses were in opposition.
Some of the main concerns in the neighborhood regarding the proposal were changes to neighborhood character, increased traffic and trash and less available parking. Folks were also concerned with what an increase in housing density would do to the area and possible increases in short-term rentals.
But just because a neighborhood is rezoned to allow for ADUs, doesn't mean the ADUs will be built.
About 30% of the city, mainly on the west and northwest side, is currently zoned to allow for ADUs. Individual homeowners can, and do, apply for the rezoning, but that can be a time-consuming and costly step, which legislative rezoning eliminate.
You can check if your property or neighborhood already allows for ADUs here.
Since 2016, Denver has issued about 456 ADU construction permits and, as of November 2023, about 331 of them have been completed, BusinessDen reported.
According to CPD, ADUs aid in preserving neighborhood character because houses aren't being turned into multiplexes. There are also guidelines in what types of ADUs can be built that are dependent on lot sizes and neighborhood character, so homeowners could not build an ADU larger than their home or four-stories high.
ADUs can be used for short-term rentals and that's part of the point in touting ADUs as a housing option for Denverites. They can be used to house additional family members or be used for supplemental income. An ADU can be used for short-term rentals, but only if the property owner lives in the main home -- a rule that is applied across the city.
In June, the Department of Excise and Licensing said Denver has about 2,552 active short-term rental licenses and 170 are in ADUs - or about 6 percent.
Renting ADUs, whether long- or short-term, is part of the city's 20-year plan for how Denver should look, feel and grow. ADUs are meant to help curb gentrification and displacement.
What the rezoning doesn't do is make the actual construction of an ADU accessibly affordable, which is another barrier to increase usage in ADUs.
During Tuesday's committee meeting, Sawyer noted that while community response to the proposal was closely split, a slight majority favored rezoning.
"We're proud to be moving this forward. We recognize that it might be a little bit contentious, but that's OK. That's democracy, right?" Sawyer said.
Sawyer previously said she wouldn't be looking into other neighborhood ADU rezoning proposals in the immediate future but instead wants to start implementing the proposals in the recently approved Near Southeast Area Plan.
But CPD is looking into it. CPD said they will begin working with City Council on a potential zoning code amendment that would allow ADUs across the city.
That previously wasn't an option but in June, City Council approved an ordinance amending the zoning code and the Former Chapter 59 code that allows more flexibility in building an ADU. The ordinance clarified and standardized rules for ADUs "taking into account different lot sizes and shapes and how neighborhoods differ in terms of layout across the city," CPD said, which makes the possibility of city-wide rezoning possible.
That project will kick-off in the spring with many community engagements meeting and would ultimately be decided by Denver City Council.
