TC Resolution 22-01 Approving a Preliminary Subdivision Application for Lot 3 and Lot 6, McGrady Acres SubdivisionA
Avon
C O L O R A D O
RESOLUTION 22-01
APPROVING A PRELIMINARY SUBDIVISION APPLICATION FOR
LOT 3 AND LOT 6, MCGRADY ACRES SUBDIVISION
WHEREAS, Eagle River Homes, LLC, owner of property described as Lot 3 and Lot 6, McGrady
Acres Subdivision, submitted a Preliminary (Major) Subdivision application ("Application") to
subdivide the property into twenty-four (24) new lots and associated comment elements; and
WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major
Subdivision, requiring a preliminary and final plat review pursuant to Avon Municipal Code
section 7.16.070(c); and
WHEREAS, the Avon Planning and Zoning Commission held Public Hearings for the Application
on the December 7, 2021 and December 21, 2021, and adopted written findings of fact and a record
of decision on January 18, 2022, recommending conditional approval of the Application; and
WHEREAS, Eagle River Homes, LLC has proposed land dedications and cash in lieu of land
dedication for portions of the Park Land Dedication requirements, as permitted by Avon Municipal
Code section 7.32.090; and
WHEREAS, the Town Council finds that the providing land, easement, and payment in lieu to
fully satisfy the requirements of Avon Municipal Code section 7.32.090, Park Land Dedication;
and
WHEREAS, the Avon Town Council held public hearings on February 8, 2022 and March 8,
2022, and March 22, 2022, after publishing and posting notice as required by law, considered all
comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to
deciding on the Application; and
WHEREAS, pursuant to Avon Municipal Code section 7.16.070(e) the Town Council has
considered the applicable review criteria for a Preliminary (Major) Final Plat, and found the
Application in general compliance with the review criteria;
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council approves the Application for Lot 3 and
Lot 6, McGrady Acres Subdivision with the following conditions to be satisfied by Final
Subdivision Plat and application materials which must be submitted within six (6) months:
1. Final Plat prepared by Licensed Colorado Surveyor.
2. Ability to Serve from ERWSD, and final utility verifications.
3. Public Improvements Agreement in a form acceptable to the Town.
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4. Preparation, establishment, execution and recording of a Homeowners
Association declarations document which includes maintenance responsibilities,
indemnification of Town and pedestrian access requirements, in a form
acceptable to the Town.
5. The dedication of two park parcels as indicated on Preliminary/Conceptual plat,
totaling not less than 6,079.5 sq. ft. for land adjacent to pocket park, and not less
than 12.231.8 sq. ft. for river access parcel, which may also be conveyed through
a special warranty deed or other form acceptable to the Town.
6. Designation of a platted 4' minimum width Public Pedestrian Access Easement
connecting Eaglebend Drive culdesac with Post Boulevard; language approved by
the Town Attorney.
7. Not later than Final Plat Submittal, design changes made to the Development Plan
and landscape plan must be approved by the Town; revised plans will
demonstrate compliance with meeting minimum landscape standards on the
property.
8. Cash in lieu Park Land Dedication payment in the amount of $249,667
ADOPTED this 22nd day of March 2022.
AVON TOWN COUNCIL
By: �4VX4 Attest:
Sarah Smith Hymes, M yor
Res 22-01- Preliminary Subdivision — McGrady Acres Page 2 of 2