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 the Erie Indoor Sports Subdivision
An Ordinance of the Town Council of the Town of Erie Accepting the Transfer of Real Property from 7N, LLC
Body
DEPARTMENT: Planning and Development
PRESENTER: Harry Brennan, Senior Planner
POLICY ISSUES:
Staff’s analysis indicates the proposed Development Agreement (DA) and proposed dedications are consistent with Town Charter, Municipal Code, and the Council’s priorities. Approving the Resolution and Ordinance 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 Erie Indoor Sports Final Plat subdivision, and approve the Ordinance Accepting the transfer of real property from 7N, LLC.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Erie Indoor Sports subdivision is located south of Bonnell Avenue and east of County Line Road. This Final Plat is consistent with the Erie Indoor Sports Preliminary Plat, approved by Town Council in 2023, and the Light Industrial zoning for the property.
The Erie Indoor Sports 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 improvements include streets and sidewalks, right-of-way landscaping and irrigation, utility mains, and private improvements with public importance.
The Development Agreement reflects provisions negotiated by Town staff with the Town Attorney’s counsel and the property owner, ESC, LLC. The DA includes, among other typical Town language, provisions addressing fees and public improvements, including reimbursements to the Town for public improvements.
The proposed roadway improvements impact the property directly to the south, which required acquisition of off-site right-of-way through Special Warranty Deed. This Consent Agenda item includes an Ordinance to accept this Special Warranty Deed.
Site History and Prior Approvals
1. Zoning - Light Industrial (LI)
2. Plat - The Town of Erie approved a Preliminary Plat for this property on August 22, 2023. Consistent with that Preliminary Plat, this Final Plat will subdivide the property into nine new commercial/light industrial lots, one tract for stormwater detention, and new street right of way.
Erie Indoor Sports Final Plat
Development Information:
• Plat Size: 36.11 acres
• Number of Lots: 9 commercial/light industrial lots
• Number of Tracts: 1 tract
Park, open space, and school dedication requirements apply only to residential subdivisions, and thus do not apply to this project.
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.
Action Items
The Town Council is the approval body for both the DA and the acceptance of dedications as shown on the Final Plat and offsite right of way, and the Town Council must accept the transfer of real property by ordinance.
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. 24-179
2. Ordinance No. 045-2024
3. Development Agreement
4. Special Warranty Deed for Off-Site ROW
5. Erie Indoor Sports Final Plat