SUBJECT: Consent Agenda
Title
A Resolution of the Town Council of the Town of Erie Approving a Development Agreement and Accepting Dedications as Shown on the Final Plat for Westerly Filing No. 3 Subdivision
Body
DEPARTMENT: Planning and Development
PRESENTER: Aly Burkhalter, Senior Planner
POLICY ISSUES:
Staff’s analysis indicates the proposed DA and proposed dedications are consistent with Town Charter, Municipal Code, and the Council’s priorities. Approving the Resolution will confirm Council’s agreement with staff’s analysis and conclusions.
STAFF RECOMMENDATION:
Recommendation
Approve the Development Agreement and accept the dedications shown on the Final Plat for the Westerly Filing No. 3 Subdivision.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Westerly Filing No. 3 Development Agreement (DA) includes standard Town of Erie requirements to develop the site, as well as exhibits outlining phasing and cost estimates for the public improvements the developer will install. These include streets and sidewalks, right-of-way landscaping and irrigation, utility mains, a spine trail, and private improvements with public importance (alleys, garden courts).
The Development Agreement reflects provisions negotiated by Town staff with the Town Attorney’s counsel and the property owner, Erie Land Company, LLC. The DA includes, among other typical Town language, provisions addressing fees and public improvements, including:
• Reimbursements to the Town for public improvements;
• Satisfaction of open space and park land dedication through separate filing; and
• Conditions for certificates of occupancy for buildings located on any of the lots within voluntary 2,000ft setback to the Draco Pad.
The Westerly Filing No. 3 subdivision is located south of Erie Parkway and east of Weld County Road 5. It is the southern extension of the existing Westerly neighborhood under construction. This Final Plat is consistent with the Westerly PUD Overlay District, approved by Town Council on July 28, 2020, which identifies the site for low density residential units. The Final Plat is consistent with the Preliminary Plat No. 2, approved by Town Council on July 26, 2022, and which comprises an area larger than that included in the Final Plat.
Site History and Prior Approvals
1. Annexation
a. The subject site, along with the larger Westerly property was annexed into the Town of Erie as Town of Erie Annexation Map No. 4 in 1990. Its original use was intended as a landfill. The landfill never came to fruition and the Annexation Agreement was terminated in 2017.
2. Zoning
a. In 2017, the Westerly property was rezoned from Rural Preservation 3 to 203.590 acres of LR, 7.994 acres of NMU, 14.059 acres of PLI, and 50.646 acres of AG/OS.
b. In July of 2020 a PUD Overlay District was applied to the Westerly property, anticipating a mix of housing types.
c. In November 2021, Rezoning No.2 was approved that adjusted the boundary between the areas zoned LR and AG/OS districts.
d. In November 2021, the first PUD amendment was approved to extend the overlay to 63 acres of the Swink Property, match the boundary adjustments in Rezoning No. 2, and made minor updates to the dimensional and garages standards for single-family front-loaded homes on 60-foot-wide lots.
e. In March of 2022, the second PUD amendment was to clarify setbacks and incorporate additional standards for side-loading garages.
f. In April 2023, the third PUD amendment added an additional 10-acre parcel.
g. In August of 2024, the fourth PUD amendment was approved to adjust accessory setbacks for detached garages on alley loaded homes.
3. Plats
a. The subject site was included as part of the larger Preliminary Plat No. 2, approved by Board of Trustees on July 26, 2022. This is the first of the Final Plats for the area approved under Preliminary Plat No. 2. The entire area under Preliminary Plat No. 2 included approximately 120 acres, 397 lots, 2 pocket parks, and 1 neighborhood park.
Westerly Filing No. 3 Final Plat
Development Information:
• Plat Size: 98.595 acres
• Number of Lots: 250 residential lots
60 Duplex alley load lots
190 Single Family front load lots
• Number of Tracts: 14 tracts
The plat includes a series of trails, 2 pocket parks, landscape buffers, and green courts. The subject site will be accessed primarily from Filing No. 2 through Hawthorne Ave to Weld County Road 5 and from Filing No. 1 through Westerly Boulevard to Erie Parkway.
Development Agreement
Staff negotiated a Development Agreement (DA) in concert with the Final Plat. The agreement includes cost estimates and reimbursement provisions for public infrastructure associated with the development. These provisions address public improvements identified as part of the development review process.
The DA also includes a voluntary concession to delay development within 2,000ft of the proposed Draco Pad until after construction and preproduction (i.e. drilling, hydraulic fracturing, and flowback) activities are completed, provided the Draco Pad receives permits and approval from the Colorado Energy & Carbon Management Commission.
Action Items
The Town Council is the approval body for both the DA and the acceptance of dedications as shown on the Final Plat.
Fiscal Impact
The development will pay building permit fees and will generate sales taxes and other taxes to the Town, County, School, and Fire Districts. The resulting revenue will support municipal, school and fire services for the new development.
COUNCIL PRIORITY(S) ADRESSED:
ü Prosperous Economy
ü Fiscally Responsible
ü Attractive Community Amenities
ü Engaged and Diverse Community
ü Well-Maintained Transportation Infrastructure
ü Safe and Healthy Community
ATTACHMENTS:
1. Resolution No. 24-122
2. Development Agreement
3. Westerly Filing No. 3 Final Plat