SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Accepting Dedications as shown on the Final Plat for the Erie Four Corners Subdivision Filing No. 1, Amendment No. 4
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Christopher C. LaRue, Principal Planner
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Time
TIME ESTIMATE: 0 minutes
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Fiscal
FISCAL SUMMARY:
Cost as Recommended: $_NA__________
Balance Available: $_NA__________
Fund NA
Line Item Number: NA
New Appropriation Required: No
Policy
POLICY ISSUES:
Staff’s analysis indicates the 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.
Recommendation
STAFF RECOMMENDATION:
Accept the dedications shown on the Erie Four Corners Subdivision Filing No. 1, Amendment No. 4.
SUMMARY/KEY POINTS
1. This plat amendment is before Town Council to fix easement and lot line encroachments created by seven townhomes built inconsistent with the approved site plan.
2. Staff and referral agencies agreed that shifting the easements by one foot on impacted lots provides the best solution to eliminate the encroachments and continue construction.
BACKGROUND OF SUBJECT MATTER:
The Erie Four Corners Subdivision Filing No. 1 development is well underway. Toll Brothers is constructing homes on 250 lots, with 197 being town homes. Seven of these townhomes are the subject properties of this amendment. These properties are located northeast of Austin Avenue and Skyhook Street, as shown on the attached plat and highlighted in gray in the following image.
Toll Brothers built several homes out of conformance with the approved site plan, placing some buildings several feet away from their intended locations. Toll Brothers also offered balcony and porch options to buyers that were not approved as part of the original site plans, resulting in several buildings encroaching into Town and Xcel/utility easements. This minor plat amendment addresses seven lots that already have issued building permits and active construction. The amendment adjusts Town easements along the alleys to prevent balcony structures from encroaching into them. The amendment also adjusts the front private Xcel easements on three of the seven lots where porch encroachments occur.
A second plat amendment is anticipated to address six additional lots, but ongoing coordination with mortgage (bank) holders currently prevents their inclusion.
Staff from Planning, Code, Engineering, Utilities, and Building divisions collaborated to identify and implement a viable solution for this project and existing construction. The team agreed that shifting the easement offered the best option.
The plat amendment adjusts easements and lot lines at both the front and rear of the affected properties. Referral agencies reviewed the amendment and raised no concerns. The proposed solution shifts the encroaching structures fully onto the private lots, removes all encroachments, and reduces the easement width by one foot on the impacted lots. If the Town approves the plat amendment, a site plan amendment will follow to incorporate items not previously addressed.
Site History and Prior Approvals
1. Zoning:
a. 2020 - Town Council zoned the properties Erie Town Center Planned Development (PD)
2. Plat:
a. 2022 - Town Council approved the Erie Four Corners Subdivision Filing No. 1. Filing 1 created 250 lot and 48 tracts. Of the 250 lots, 197 of them are townhome lots, of which seven are part of the subject amendment. Specifically, the seven subject lots are Lots 1, 2, and 4 - Block 4, and Lots 5, 32, 33, and 34 - Block 5.
Erie Four Corners Subdivision Filing No. 1 Amendment 4
Development Information:
• Plat Size: 0.2327 of an acre
• Number of Lots: 7 existing lots to have easement adjustments
• Number of Tracts: 0
attachments
ATTACHMENT(S):
1. Resolution
2. Erie Four Corners Subdivision Filing No. 1, Amendment No. 4