SUBJECT: Consent Agenda
Title
A Resolution of the Town Council of the Town of Erie Approving the First Amendment to the Development Agreement for Lot 1, Erie Airpark Replat D
Body
DEPARTMENT: Planning and Development
PRESENTER: Christopher C. LaRue, Principal Planner
POLICY ISSUES:
Staff’s analysis indicates the proposed Development Agreement (DA) Amendment is consistent with the Town Charter, Municipal Code, and Council priorities. Approval of this amendment will facilitate the development of employment uses adjacent to the Airport, providing additional jobs and complementary uses to Airport operations.
STAFF RECOMMENDATION:
Recommendation
Approve the First Amendment to Development Agreement for Lot 1, Erie Airpark Replat D.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The 10.34-acre site is located within and platted as part of the larger Erie Airpark subdivision and is located north of both Highway 7 and Airport Drive. The property is legally described as “Lot 1 Erie Air Park Replat D”.
Specifically, this DA amendment modifies the original DA in the following ways:
a. Establishes Town reimbursement for Phase I of the project to the developer in an amount not to exceed $2,836,397 for sanitary sewer, water line, and road construction. The amendment would also allow the developer to request this reimbursement in four equal installments. Each request will be accompanied by a certification of work completed and costs incurred from a third-party Town approved licensed Professional Engineer (PE). Any costs that exceed the agreed upon amount are the responsibility of the developer and not the Town.
i. Sanitary Line: The Town will pay to up-size the sanitary line from an 8-inch to 12-inch line. The applicant’s project only requires an 8-inch line, but the 12-inch line is needed to serve future development for properties to the east (Sierra Vista and VR Filing 6). Facilitating the up-sizing of infrastructure to accommodate future development in concert with new development is a standard practice for the Town. Future development is then required to reimburse the Town in concert with their land use applications and development.
ii. Water Line: The Town needs to replace the Asbestos Concrete (AC) water line in Airport Drive. This replacement would eventually have been accomplished through a future CIP project. The Town desires to replace existing asbestos water lines when possible. Additional water line infrastructure that will serve the proposed development will be paid for by the developer.
iii. Road Construction: The Town will pay for half of the Airport Drive reconstruction for the areas that contain the AC water line. The other road costs (additional Airport Drive work beyond the AC water line replacement and half of the road) are the responsibility of the developer.
b. Establishes a Phase 2 reimbursement to the developer in the amount of $352,410.77 for a traffic signal at Highway 7 and Airport Drive.
i. The Amount of traffic generated on Airport Drive due to the background traffic of the Erie Municipal Airport amounts to 23% of the total traffic on the road. Thus, the Town proposes paying 23% of the signal costs.
ii. Developers will pay 77% of the signal costs, since those combined developments generate 77% of the traffic on Airport Drive.
iii. The total signal cost is estimated to be $1,532,222.74.
c. Updates the public improvement cost, Town reimbursement, and phasing exhibits (Exhibits B-1, C-1, and D-1) per the above changes to the original DA.
Site History and Prior Approvals
1. Annexation:
a. The Erie Airpark lands were annexed into the Town of Erie in December of 1977.
2. Zoning:
a. The subject parcel was originally zoned Airport (AP) in February of 1987.
b. In 2023 the site was zoned Planned Development (PD) to allow several uses within the AP zone district. This included some light industrial uses.
3. Plats and Amendments:
• The site was platted in 1977 as Tract E of the Erie Air Park Master Subdivision.
• In 2019, Tract E was subdivided into Tract E-2 of the Erie Air Park Tract E Subdivision. The purpose of the previous subdivision was to convey portions of the property and recognize a previous illegally-subdivided tract.
• In November 2022, the site was platted as Lot 1 of the Erie Air Park Replat D. As part of this subdivision a Development Agreement (DA) was also approved and is the subject of this DA Amendment.
ACTION ITEMS:
The Town Council is the approval body for the First Amendment to Development Agreement.
COUNCIL PRIORITY(S) ADDRESSED:
ü Safe and Healthy Community
ü Prosperous Economy
ü Fiscally Responsible
ATTACHMENTS:
1. Town Council Resolution No. 25-046
2. First Amendment to Development Agreement for Lot 1, Erie Airpark Replat D
3. Original recorded Development Agreement