SUBJECT:
Title
Public Hearing: An Ordinance of the Town Council of the Town of Erie Amending Title 10 of the Erie Municipal Code Regarding Accessory Dwelling Units, Assembly Uses, and Minimum Parking
Body
DEPARTMENT: Planning & Development
Department
PRESENTER(S): Sarah Nurmela, Planning & Development Director
Kelly Driscoll, Planning Manager
Chris LaRue, Principal Planner
First Name, Last Name, Title
TIME ESTIMATE: 30 minutes
only required for non-consent items
POLICY ISSUES:
Current provisions in the code are not consistent with State and federal laws. The Town Council will consider updates to the code to bring the Town into compliance.
STAFF RECOMMENDATION:
Recommendation
Adoption of Ordinance No. 018-2005 Amending Title 10 of the Erie Municipal Code Regarding Accessory Dwelling Units (ADUs), Assembly Uses, and Minimum Parking.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Town staff identified areas of the Erie Municipal Code Title 10 - Unified Development Code (UDC) that need to be updated for consistency with existing federal law and new State legislation. These code updates include an amendment to provide clarity regarding assembly uses and alignment with recent State legislation regarding ADUs and parking requirements for certain types of residential developments near transit. The staff report and presentation contain detailed information on the proposed changes.
PLANNING COMMISSION UPDATE
The Planning Commission held a meeting on this request on May 7, 2025. The Commission heard the staff presentation, asked questions, and then voted unanimously (6-0) to recommend Town Council adopt the ordinance to amend the UDC. This was not a public hearing, so public comment was not required or provided.
Specific comments from Planning Commission included:
• In relation to ADUs, Planning Commission asked to what extent Homeowner Associations (HOAs) would be able to provide design input. An ADU will require a building permit, which are reviewed against Town code. However, Town staff do not confirm ADU review/approval by an HOA; it is the applicant’s responsibility to obtain HOA approval in their respective neighborhoods. It should be noted that HB24 -1152 does apply to HOAs. Any restrictive covenant created by an HOA must conform with HB24-1152; namely, the covenant may only apply reasonable restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction, or extinguish the ability to otherwise construct an ADU. C.R.S. 38-33.3-106.5(4).
• In relation to the parking language update, Planning Commissioner Sawusch questioned whether RTD’s transit service in Erie meets the parameters laid out in HB-1304 regarding transit service frequency. The law applies to, “A PUBLIC BUS ROUTE THAT HAS A PLANNED OR SCHEDULED FREQUENCY OF EVERY THIRTY MINUTES OR MORE FREQUENT FOR FOUR HOURS OR MORE ON WEEKDAYS, EXCLUDING SEASONAL SERVICE”. RTD’s JUMP route schedule on Erie Parkway is only every 60 minutes for 4 hours in the morning and 5 hours in the evening, not every 30 minutes. Although the proposed code update does not include a map of transit areas in Erie, Town Transportation & Mobility staff have contacted DOLA and asked them to confirm DOLA’s mapping in relation to HB-1304 accurately reflects those areas subject to HB-1304. The Ordinance is worded so that it applies to areas, “located within a quarter (1/4) mile of a transit service area as established by the Colorado Department of Local Affairs.” This language will accommodate any changes or updates made by DOLA.
COUNCIL PRIORITY(S) ADDRESSED:
ü Engaged and Diverse Community
ü Prosperous Economy
ü Safe and Healthy Community
ü Environmentally Sustainable
ü Fiscally Responsible
ATTACHMENT(S):
1. Ordinance No. 018-2025
2. PC Resolution P25-05
3. Staff Report
4. Staff Presentation
5. HB25-1152
6. HB25-1304
7. Publication Notice