SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Second Amendment to the Development Agreement for Westerly Filing No. 2
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Aly Burkhalter, Senior Planner
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Time
TIME ESTIMATE: 0 minutes
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Fiscal
FISCAL SUMMARY:
N/A
Policy
POLICY ISSUES:
The proposed Development Agreement (DA) Amendment is consistent with the Town Charter, Municipal Code, and Council priorities.
Recommendation
STAFF RECOMMENDATION:
Approve the Second Amendment to the Development Agreement for Westerly Filing No. 2.
Body
SUMMARY/KEY POINTS
This second amendment to the Development Agreement includes the following changes:
• Tracts F, J, and K were removed from planned construction of Filing 2 and will be constructed with Filing 4.
• Exhibit B was updated to reflect the cost of these public improvements for surety and Exhibit C phasing changes.
BACKGROUND OF SUBJECT MATTER:
Westerly Filing No. 2 is platted with 223 lots and 36 tracts approved by the Board of Trustees on May 11, 2022. This second amendment to the Development Agreement implements the simple changes listed above. Previous history on this development includes the following:
Site History and Prior Approvals
1. Annexation
a. The subject site, along with the larger Westerly property, was annexed into the Town as Town of Erie Annexation Map No. 4 in 1990. The site’s original use was 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 2020, the Board of Trustees approved a PUD Overlay District for the Westerly property, anticipating a mix of housing types.
c. In November 2021, Rezoning No.2 was approved which adjusted the boundary between the areas zoned LR and AG/OS districts.
d. In November 2021, the Board of Trustees approved the first PUD amendment, which extend the overlay to 63 acres of the Swink Property to match the boundary adjustments in Rezoning No. 2, and make minor updates to the dimensional and garage standards for single-family front-loaded homes on 60-foot-wide lots.
e. In March 2022, the second PUD amendment clarified setbacks and incorporated additional standards for side-loading garages.
f. In April 2023, the third PUD amendment added an additional 10-acre parcel.
g. In August 2024, the fourth PUD amendment adjusted accessory setbacks for detached garages on alley-loaded homes.
3. Subdivisions
a. Board of Trustees approved the first Preliminary Plat for Westerly on July 28, 2020.
b. Board of Trustees approved Westerly Filing No. 1 and an associated Development Agreement on January 26, 2021.
c. Board of Trustees approved Westerly Filing No. 1, Amendment No. 1 and the First Amendment to Westerly Filing No. 1 Development Agreement on November 9, 2021.
d. Board of Trustees approved Westerly Filing No. 2 and an associated Development Agreement on May 10, 2022
e. Board of Trustees approved Preliminary Plat No. 2 on July 26, 2022.
f. Board of Trustees approved the First Amendment to the Development Agreement for Westerly Filing No. 2 on June 13, 2023.
g. Town Council approved the Westerly Preliminary Plat No. 3 on July 9, 2024
h. Town Council approved Westerly Filing No. 3 and an associated Development Agreement on August 27, 2024.
i. Town Council approved the Second Amendment to the Development Agreement for Filing No. 1 on August 12, 2025.
priorities
attachments
ATTACHMENT(S):
1. Resolution No. 25-182
2. Second Amendment to Development Agreement (Westerly Filing No. 2)
3. First Amendment to Development Agreement (Westerly Filing No. 2)
4. Original Development Agreement (Westerly Filing No. 2)