SUBJECT: General Business
Title
PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Repealing and Reenacting Chapters 1, 2, 3, 5 and 10 of Title 10 of the Erie Municipal Code and Repealing Chapter 8 of Title 10 of the Erie Municipal Code; and an Ordinance of the Board of Trustees of the Town of Erie Amending Title 3 of the Erie Municipal Code by the Addition of a New Chapter 7, Concerning the Board of Adjustment
Body
DEPARTMENT: Planning & Development
PRESENTER: Fred Starr, AICP, Planning & Development Director
Deborah Bachelder, AICP, Planning Manager/Deputy Director
TIME ESTIMATE: 30 minutes
only required for non-consent items
STAFF RECOMMENDATION:
Recommendation
Approve recommended changes as presented
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The sections of the UDC being presented for consideration at this time represent the first set of updates that will be presented to the Board of Trustees for approval. These proposed updates are the result of work by the Planning Department staff, Planning Commission, other Town staff, land developers, homebuilders, and comments from the Denver Metro Homebuilders Association (HBA) Task force members that have been working together on these amendments. The Town Attorney has also reviewed all of the sections being presented at this time.
The updates being presented at this time are for the following chapters of the UDC:
Chapter 1- General Provisions
• Proposed amendments primarily eliminate unnecessary and duplicative language from the Code as recommended by the Town attorney.
Chapter 2 - Zoning Districts
• The Light Industrial zone district was removed from the Commercial Districts and a new Industrial District was created with 3 industrial zone districts; Light industrial; Industrial; and Heavy Industrial. The proposed UDC Amendments that are being considered for Chapter 12 Regulations for Oil and Gas Operations requires that the Town add a Heavy Industrial zone district option in the UDC.
• District Specific Standards found in some of the zone district descriptions have been relocated to more appropriate regulatory chapters.
Chapter 3 - Use Regulations
• Table 10.3.1. Table of Permitted Uses:
o The 3 industrial zone districts and uses within each of the districts were added to the table.
o The Table reflects significant updates to the Use types and where they are allowed.
o Model Homes were moved to 10.3.4 Temporary Uses and Structures.
o Recycling Collection Point and Drive-thru or Drive-up were moved to Table 10.3.2 Table of Accessory Uses.
o Public Utility Services were removed from the table as they are not a principal use.
o Other Uses such as Sports Arena, Amusement Park, Convenience Store, Service Station, Boarding or Rooming House, Extended Stay Lodging, and Farm Market were removed because there were other Uses listed that overlapped in definition.
• 10.3.2 Use Specific Standards had the following primary changes:
o Mobile Home Park provisions were simplified.
o Model Home standards moved to 10.3.4 Temporary Uses and Structures.
o Kennel or Animal Day Care outdoor facility setback from residential zone districts was reduced from 2,640 feet to 300 feet.
o Parking Structure maximum footprint size in DT and NMU-Old Town was limited to 3,000 square feet.
o Recycling Collection Point standards moved to 10.3.3 Accessory Uses and Structures.
• Table 10.3.1 Table of Accessory Uses and Structures:
o The table was updated and some uses were consolidated to a new Accessory Structure - General category.
o Accessory dwelling units are proposed as a permitted use in the residential and mixed use districts. They would have the same basic requirement of only being allowed on single family lots of 6,000 sq. ft. or larger and the size of an accessory unit has been simplified by identifying a maximum size of 800 square feet for the unit.
Chapter 5 - Subdivision Standards, Design, and Improvements
• UDC regulations that overlap and duplicate the regulations found in the Town Standards and Specifications for Design and Construction of Public Improvements were eliminated from the UDC.
Chapter 8 - Review and Decision-Making Entities
• The contents of this Chapter are being removed from the UDC. The Board of Adjustment regulations are being moved to Title 3 of the Municipal Code.
Chapter 10 - Enforcement
• The modifications to Enforcement are based on recommendations from the Town attorney.
Chapter 12 - Regulations for Oil and Gas Operations
• See the next agenda item for proposed amendments.
The Town Attorney has prepared Ordinance 42-2020 replacing Chapter 8 of the UDC regarding the Review and Decision Making Entities. The purpose of this ordinance will be to move the Board of Adjustment to the Municipal Code under Title 3 - Boards and Commissions and into a new Chapter 7 - Board of Adjustment.
These proposed changes represent the initial amendments to the UDC, while we continue to refine revisions to the remaining sections of the UDC including the sections that were recently presented to the Board in Study Session. Once the amendments being presented at this time are approved, we will be able to complete the remaining updates and include the proper cross-references that are needed.
The current updates are what we are calling the Phase 1 updates. These proposed amendments represent some necessary foundational changes that are needed in the UDC, while allowing the staff to continue to work on the remaining sections of the UDC with our consultant and the Town Attorney.
The remaining updates of the UDC and will be brought back to the Planning Commission and Board of Trustees in the beginning of 2021 (the Phase II changes).
These Phase II changes will include updates to all of the remaining sections of the UDC with specific focus on:
• The Sign Code in Chapter 6,
• The Parks and Open Space section in Chapter 6, which is being led by Parks and Recreation Director Patrick Hammer and his staff.
• The Development and Design Standards in Chapter 6, to address new Residential, Commercial, Multi-Family and Industrial design standards
• Chapter 7 - Review and Approval Procedures
• Chapter 9 - Nonconformities
• Chapter 10 - Enforcement
• Chapter 11 - Definitions
Board Priority(s) Addressed:
ü Attractive Community Amenities
ü Engaged and Diverse Community
ü Prosperous Economy
ü Well-Maintained Transportation Infrastructure
ü Small Town Feel
ü Safe and Healthy Community
ü Effective Governance
ü Environmentally Sustainable
ü Fiscally Responsible
ATTACHMENTS:
1. Ordinance 43-2020
2. Ordinance 42-2020
3. Chapter 1 - General Provisions redline
4. Chapter 1 - General Provisions clean
5. Chapter 2 - Zoning Districts redline
6. Chapter 2 - Zoning Districts clean
7. Chapter 3 - Use Regulations redline
8. Chapter 3 - Use Regulations clean
9. Chapter 5 - Subdivision Standards, Design, and Improvements redline
10. Chapter 5 - Subdivision Standards, Design, and Improvements clean
11. Chapter 8 - Review and Decision-Making Entities redline
12. Chapter 8 - Review and Decision-Making Entities clean
13. Chapter 10 - Enforcement redline
14. Chapter 10 - Enforcement clean