SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Second Amendment to the Development Agreement for Westerly Filing No. 2
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Aly Burkhalter, Senior Planner
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Time
TIME ESTIMATE: 0 minutes
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Fiscal
FISCAL SUMMARY:
N/A
Policy
POLICY ISSUES:
The proposed Development Agreement (DA) Amendment is consistent with the Town Charter, Municipal Code, and Council priorities.
Recommendation
STAFF RECOMMENDATION:
Approve the Second Amendment to the Development Agreement for Westerly Filing No. 2.
Body
SUMMARY/KEY POINTS
This second amendment to the Development Agreement includes the following changes:
* Tracts F, J, and K were removed from planned construction of Filing 2 and will be constructed with Filing 4.
* Exhibit B was updated to reflect the cost of these public improvements for surety and Exhibit C phasing changes.
BACKGROUND OF SUBJECT MATTER:
Westerly Filing No. 2 is platted with 223 lots and 36 tracts approved by the Board of Trustees on May 11, 2022. This second amendment to the Development Agreement implements the simple changes listed above. Previous history on this development includes the following:
Site History and Prior Approvals
1. Annexation
a. The subject site, along with the larger Westerly property, was annexed into the Town as Town of Erie Annexation Map No. 4 in 1990. The site's original use was a landfill. The landfill never came to fruition and the Annexation Agreement was terminated in 2017.
2. Zoning
a. In 2017, the Westerly property was rezoned from Rural Preservation 3 to 203.590 acres of LR, 7.994 acres of NMU, 14.059 acres of PLI, and 50.646 acres of AG/OS.
b. In July 2020, the Board of Trustees approved a PUD Overlay District for the Westerly property, anticipating a mix of housing types.
c. In November 2021, Rezoning No.2 was approved which adjusted the boundary between the areas zoned LR and AG/OS distri...
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