SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the First Amendment to the Pre-Development Agreement for North Westerly and Accepting Easements as Shown on the North Westerly Minor Subdivision
Body
DEPARTMENT: Planning and Development
Department
PRESENTER(S): Aly Burkhalter, Senior Planner
First Name Last Name, Title
TIME ESTIMATE: ___ minutes
only required for non-consent items
POLICY ISSUES:
This resolution facilitates a more immediate transfer of property to accommodate a new water tank for the Town. The land identified for transfer within the North Westerly development is intended to provide a new water tank that is an essential component of the Town’s water infrastructure strategy.
STAFF RECOMMENDATION:
Recommendation
Approve the Amendment to the North Westerly Pre-Development Agreement and accept the easements shown on the North Westerly Minor Subdivision.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The amendment to the North Westerly Pre-Development Agreement (Pre-DA) includes an amendment to the timing of the land conveyance of the Water Tank Land. This is a necessary amendment to provide the Town with an opportunity to begin work on design and construction of a new water tank. To facilitate the transfer of land, a Minor Subdivision was utilized to create a separate lot.
The Water Tank Land is a 4.6-acre lot located along the west boundary of the North Westerly annexation and east boundary of Soaring Heights PK-8. This Minor Subdivision and creation of the lot is consistent with the Water Tank Land shown in Exhibit B of the North Westerly Pre-Development Agreement, approved by Town Council on Aug. 22, 2023. This location was chosen due to the topography creating optimal engineering conditions and allowing the majority of the tank to be buried for aesthetic reasons.
Site History and Prior Approvals
1. Annexation
a. The subject site, along with the larger North Westerly property was annexed as the North Westerly Annexation Map to the Town of Erie on Aug. 22, 2023.
2. Zoning
a. As part of the Annexation approved by the Board of Trustees on Aug. 22, 2023, the North Westerly property was initially zoned from Agriculture (Weld County) to 212.74 acres of Low Density Residential (LR), 55.98 acres of Medium Density Residential (MR), 105.73 acres of High Density Residential (HR), and 17.78 acres of Community Commercial.
b. The North Westerly property is currently under review for PD Zoning, which is consistent with the wish to develop the property as a Planned Development - Development Plan (PD-DP), and which is a required next step in the Pre-DA.
3. Plats
a. As part of the Annexation approved by Board of Trustees on Aug. 22, 2023, an annexation plat was recorded with tracts outlining the zoning districts described above.
b. The North Westerly Minor Subdivision is administratively approved in conjunction with this Pre-DA amendment to create a separate lot for the conveyance of the Water Tank Land.
c. Subsequent platting of the entire North Westerly subdivision is anticipated after the Planned Development-Development Plan is approved.
Staff’s analysis indicates the proposed amendment to the pre-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.
Action Items
The Town Council is the approval body for both the Pre-DA Amendment and the acceptance of easements as shown on the Minor Subdivision.
Fiscal Impact
Per the Pre-DA Amendment, the Town shall consider the Water Tank Land as credit toward the North Westerly Development’s Neighborhood Park or Open Space dedication requirements. The Town will compensate the Developer at fair market value for any amount of land that is not usable for park or open space.
COUNCIL PRIORITY(S) ADDRESSED:
ü Attractive Community Amenities
ü Safe and Healthy Community
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution No. 25-047
2. First Amendment to the Pre-Development Agreement (North Westerly)