SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Second Amendment to the Development Agreement for Summerfield Filing No. 1
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Christopher C. LaRue, Principal Planner
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Time
TIME ESTIMATE: 0
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Fiscal
FISCAL SUMMARY:
N/A
Policy
POLICY ISSUES:
Staff’s analysis indicates the proposed Development Agreement (DA) Amendment is consistent with Town Charter, Municipal Code, and the Council’s priorities.
Recommendation
STAFF RECOMMENDATION:
Approve the 2nd Development Agreement Amendment for Summerfield Filing No. 1.
Body
SUMMARY/KEY POINTS
• The proposed Second Amendment to the Summerfield Filing 1 Development Agreement addresses an interim drainage condition and provides improvement guarantees.
• The interim condition request was agreed to by the Developer, Northern Water Conservancy District, and New Consolidated Lower Boulder Reservoir and Ditch Company March 7, 2025 (reception no. 5018379). The interim condition request was initiated after a federal permit delay caused the construction sequencing to fall within irrigation season where no activity would be permitted on the Ditch. The permanent drainage improvement will be installed no later than March 1, 2026, in accordance with the originally approved Town of Erie plans. Additionally, updated collateral is required for the interim and permanent improvements which had not been accounted for in the initial Development Agreement.
• No other changes are being proposed, and the remainder of the DA will remain valid.
BACKGROUND OF SUBJECT MATTER:
Town Council approved the original Summerfield Filing 1 Final Plat and Development Agreement in July 2023. The Summerfield Filing No.1 subdivision is generally located south of Highway 52, between Weld County Roads 5 and 7. The plat encompasses 615.6 acres and is included within the larger 976.9-acre Summerfield area. The site has been identified for residential and mixed-use development as part of the Summerfield Planned Development - Development Plan.
Site History and Prior Approvals
1. Annexation
• The overall Summerfield area was annexed by the Town in January 2013.
2. Zoning
• Summerfield was initially zoned Planned Development (PD) at the time of annexation.
• The Summerfield PD depicts various planning areas and allows a maximum of 2,200 residential units and 500,000 square feet of commercial uses.
3. Plats
• 2013: The Town Council (formerly Board of Trustees) reviewed a Sketch Plan for the overall property. A Sketch Plan is an optional, informal evaluation before detailed planning and engineering work is undertaken and does not result in a formal decision.
• A Preliminary Plat was approved for Phase 1 of Summerfield, consisting of roughly the northern half of the overall Summerfield site on May 10, 2022. The Preliminary plat proposed 508 single-family detached lots, 138 duplex lots, 198 townhome lots, and 43 tracts for various landscaping, trail, park, open space, alleys/private streets, and utility purposes and future development areas.
• Preliminary Plat No. 2 for Phase 2 was approved by Town Council on March 11, 2025, for roughly the southern half of the Summerfield site. The plat consisted of 333.75 acres and proposed 1,301 lots and 45 tracts.
• The final Plat and DA for Summerfield Filing No. 1 was approved by Town Council in July 2023 and created a total of 479 residential lots.
• The First Amendment to the Summerfield Filing No. 1 Development Agreement was approved by Town Council on August 13, 2024. To accommodate future development in the vicinity of the property, the Town had requested the Developer upsize certain portions of the sewer line that serves the project. The first DA amendment amended the terms related to the sewer line upsizing and revised Exhibit B of the DA to adjust the costs. In addition, it allowed the Town to reimburse the developer for the upsizing.
• The final Plat and DA for Summerfield Filing No. 2 were approved by Town Council in June 2025 and created a total of 191 residential lots.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☒ Attractive Community Amenities
☒ Engaged and Diverse Community
☒ Prosperous Economy
☒ Well-Maintained Transportation Infrastructure
☐ Small Town Feel
☒ Safe and Healthy Community
☐ Effective Governance
☐ Environmentally Sustainable
☒ Fiscally Responsible
attachments
ATTACHMENT(S):
1. Resolution No. 25-148
2. Second Amendment to Development Agreement for Summerfield Filing No. 1