SUBJECT: GENERAL BUSINESS
Title
PUBLIC HEARING: An Ordinance of the Board of Trustees of the Town of Erie Amending Various Sections of Title 10 of the Erie Municipal Code, the Town’s Unified Development Code
Body
DEPARTMENT: Planning & Development
PRESENTER: Fred Starr, Director of Planning & Development
TIME ESTIMATE: 20 minutes
FISCAL SUMMARY:
Cost as Recommended:
Balance Available:
Budget Line Item Number:
New Appropriation Required:
STAFF RECOMMENDATION:
Recommendation
Staff recommends the Board of Trustees approve the Ordinance Amending the Unified Development Code
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In 2019, the Board of Trustees created a work plan that directed staff to provide updates to the Unified Development Code (UDC). The UDC amendments before you tonight provides staff’s proposed first quarter of 2020 amendments to the UDC. Staff anticipates bringing additional UDC Amendments to the Board for consideration in 2020. In 2019, staff proposed and secured Board approval for the following UDC Amendments:
• 10/10/2019: Amendment of Flashing or Moving Signs in Chapter 6.
• 11/12/2019: Enacted a new Chapter 13 regarding Wireless Communication Facilities.
• 12/10/2019: Enacted a new Annexation Subdivision Plat process in Chapter 7.
• 2/11/2020: Expanded the flexibility for Planned Development Zoning in Chapter 7.
This Ordinance will amend sections of the Unified Development Code as identified in detail in the attached Planning Department memo which provides items added shown in Italics and sections to be deleted have been identified by strike through. Changes proposed to Tables have been highlighted in Yellow in addition to being added to each table in the appropriate sections.
The more significant changes to the UDC include:
Change to Section 10.2.2
• To propose a minimum density in the LR Low Density residential zone of 3 dwelling units per acre.
• Delete in its entirety the Density Bonus Provisions for the LR (Low Density Residential) zone, the MR (Medium Density Residential) zone and the HR (High Density Residential) zone districts. These provisions were originally designed as an “Option” developers could choose to increase density within their developments. These provisions have never been used by the development community. Based on the results of the Town Center PD, staff will develop future code revisions for Board consideration that would potentially require increases in density is specific areas rather than offer it as an option.
Change to Section 10.3.1 - Table of Permitted Uses
• Staff recommends changing the Table of Uses to allow a property to be rezoned in anticipation of future development but retain the existing “Agricultural Uses” which are typically occurring prior to rezoning. This would allow an existing owner to continue this use after receiving approval of a Use by Special Review, rather than create a legal non-conforming land use situation. The Board of Trustees, with the Use by Special Review process, would have flexibility in setting terms and guidelines for this type of use.
• This will also require a change to Section 10.3.2.C which will clarify language for these Special Review Uses created in Table 10.3.1.
Change to Section 10.3.3 will add certain new accessory use types which are commonly occurring but were not clearly identified in the current UDC.
Change to Section 10.5.4 will clarify that each residential lot must front onto a street or “garden court”. This has been added to accommodate new residential design alternatives that have the tradition front of a home taking access from a “Garden Court” and not necessarily a dedicated street.
Change to Section 10.6.7.E.1.d - This is NOT eliminating the need for Single-family detached dwellings to meet Town design standards. This is eliminating a redundant requirement that will remain in the previous section 10.6.7.E
Change to Section 10.7.2 - Changes the notification distance for Public Hearing notification from the current distance of 300-ft to 500-ft.
Change to Section 10.7.12.B. Two changes here will eliminate the requirement that Single family homes on lots of 5,000 s.f. or less be approved by a Site Plan and eliminate the requirement that a duplex be approved by a site plan. Both of these uses must still meet design standards, but staff finds that the formal Site Plan process is not an effective way to process these types of developments. We believe requiring these uses to be approved through the Site Plan process is unnecessary and time consuming, and does not result in an improved design, but only added time and confusion to the development process.
ATTACHMENTS:
1. Ordinance No. ____-2020
2. Staff Memo
3. Planning Commission Draft Minutes
4. Staff Presentation