PZC Res. No. 06-021
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 06-02
A RESOLUTION RECOMMENDING APPROVAL OF SUBDIVISION VARIANCES
AND PRELIMINARY SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION IN
CONJUNCTION WITH THE CONFLUENCE PUD, AS MORE SPECIFICALLY
DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005.
WHEREAS, East West Partners Inc. has filed applications for Variances from the Subdivision
Regulations and for Preliminary Subdivision Plan approval for Riverfront Subdivision in
conjunction with an Application to amend the existing Planned Unit Development ("PUD") and
Development Agreement for the Confluence PUD; and
WHEREAS, the proper posting, publication and public notices for the hearings before the
Planning and Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings
on October 18th, November 1. November 15th, December 6th, and December 20th of 2005 and
January 17th, 2006, at which time the applicant and the public were given an opportunity to
express their opinions and present certain information and reports regarding the proposed PUD
and Development Agreement and related Subdivision issues; and
WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded
its recommendation for approval on the PUD amendment application to the Town Council of the
Town of Avon through Resolution 06-01; and
WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded
its recommendation for approval of the Subdivision Variances and Preliminary Subdivision Plan
to the Town Council of the Town of Avon through Resolution 06-02; and
WHEREAS, said Subdivision Variance Application appears to comply with the following
criteria for the granting of a variance as set forth in Section 16.20.020 of the Avon Municipal
Code:
(1) Whether a strict, literal application of these subdivision regulations would result
in an undue hardship to the subdivider due to the purpose, size, shape, location and
character of the proposed subdivision;
(2) Whether the provisions of the regulations from which relief is requested are not
materially important, in a planning sense, to the orderly controlled development of the
tract in question;
• ti
(3) Whether the granting of the request might adversely affect the use of the land in
the immediate area of the tract in question.
; and
WHEREAS, the Preliminary Subdivision Plan appears to comply with the requirements of
Chapter 16.20 Preliminary Plans, of the Avon Municipal Code and in particular conformance to
applicable regulations as set forth in Section 16.20.040 as follows:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Development Master
Plan and the Comprehensive Plan, as reflected in the approval of the Planned Unit
Development;
(3) Physical suitability of lots proposed for subdivision; and
(4) Compatibility with surrounding land uses.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends approval to the Town Council for the Variances from the Subdivision Regulations
and the Preliminary Subdivision Plan for Riverfront Subdivision as submitted in conjunction
with the Confluence PUD Amendment application dated August 8, 2005 with the following
conditions that must be addressed prior to Final Plat approval:
Define all Easements as required but with at least minimum dimensions
a.
Drainage Easement Width
20 feet
b.
Bike Path & Access Easement Width
20 feet
C.
Utility Easement Width
15 feet
d.
Public Plaza Easement Width
55 feet
C.
Public Plaza Pedestrian Access Width
20 feet
f.
View Corridor Easement Width
55 feet
2. Public Plaza Easement and View Corridor Easement on Final Subdivision Plat shall be
subject to additional descriptions and limitations as imposed by the approved PUD and
Development Plan.
3. Public Improvements shall include widening of existing bike path the full length of Tract
A along Eagle River, to 12 feet per ECO Trails Division request and shall include a 2 -inch thick
asphalt overlay over the full width and length.
4. Additional Water Rights shall be conveyed to the Town of Avon as required by
DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998 prior to
Final Plat Approval and Recording.
5. The Final Subdivision Plat shall provide that Tract "A" will be deeded to the Town of
Avon and zoned "Open Space, Landscaping and Drainage" (AMC 17.20.120) prior to the
issuance of the first Certificate of Occupancy but no later than January 1, 2008.
6. Land Use Table on Preliminary Plan shall be revised to include only basic land use
information (Lot, Lot Area and Basic Land Use, i.e., Residential, Lodging, Commercial, etc.)
Delete non -applicable setback lines such as those in proposed street rights-of-way.
8. Variance from cul-de-sac diameter requirements shall be subject submittal of an
acceptable design conforming to minimum pavement diameter and guardrail contained within
requested cul-de-sac right-of-way variance.
9. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire
Protection District.
10. Approval of construction plans for all utility services including but not limited to water,
sewer, electric, natural gas, phone and cable must be submitted to the Town of Avon by the
appropriate entities.
11. A Subdivision Improvements Agreement must be approved by the Town of Avon
concurrently with Final Plat Approval and the corresponding security must be submitted to and
accepted by the Town prior to recording of the Final Subdivision Plat.
12. Completion of technical corrections as identified by Town Staff. Including but not limited
to those identified in Memorandum Re: Confluence Preliminary Plan -Second Review, dated
December 20, 2005.
ADOPTED THIS 17th DAY OF January, 2006
Signal
Chris Evans, hair
Attest: �/ �
Phil Struve, Secretary
Date:
Date: I /I `r /0 (0