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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. Res 22-01- Preliminary Subdivision — McGrady Acres Pagel of 2 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