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TC Res. No. 1985-30• 0 RESOLUTION NO. 85-30 SERIES OF 1985 A RESOLUTION APPROVING PRELIMINARY PLAT FOR SWIFT GULCH SUBDIVISION, A REPLAT AND RESUBDIVISION OF SWIFT GULCH ADDITION AND TRACTS Y AND C, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, AS RECORDED IN BOOK 348 AT PAGE 296 IN EAGLE COUNTY, COLORADO. WHEREAS, Section 36, Inc., has submitted a Preliminary Plat for Swift Gulch Subdivision, a Replat and Resubdivision of Swift Gulch Addition and Tracts Y and C, Block 1, Benchmark at Beaver Creek, Town of Avon, as recorded in Book 348 at Page 296, in Eagle County, Colorado; and WHEREAS, the Preliminary Plat was reviewed by the Town Staff and the Planning and Zoning Commission and was found to be substantially in accord with regulations of the Town of Avon, and is recommended for approval subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, that this Preliminary Plat is hereby approved by the Town of Avon subject to completion of the following items prior to Final Plat approval: 1. An appropriate zone change and SPA Plan Amendment be approved in conjunction with approval and re- cording of Final Plat. 2. Final Plat approval should provide for: a. dedication of proposed Tract Y to the Town of Avon; b. a nonexclusive access easement across proposed Lot 1, for the use and benefit of the owners of proposed Tract Y; C. a covenant that the existing trees along Notting- ham-Puler Ditch will not be disturbed and/or cut down without the prior written approval of the Avon Metropolitan District and the Town of Avon. ADOPTED AND PASSED, by the Town Council of the Town of Avon, Colorado, this27th day of August , 1985. ATTEST: arbara R. Joseph, eput Town Clerk TOWN OF AVON, COLORADO Sheil R. Davis, Mayor Pro em 0 • TO: BILL JAMES FROM: NORM WOOD RE: PROPOSED SWIFT GULCH SUBDIVISION, ZONE CHANGE, AND SPA PLAN AMENDMENT Section 36, Inc. has requested a zone change and SPA Plan Amendment in conjunction with a request for Preliminary Plat approval for Swift Gulch Subdivision, which consists of a re-subdivision of Tract C and Tract Y, Block 1, Benchmark at Beaver Creek and Swift Gulch Addition. The proposed Preliminary Plat provides for the inclusion of easterly 1.36 acres of existing Tract Y into existing Parcel 1 of Swift Gulch Addition. The stated purpose of this change is to provide a more safe and convenient vehicular access to Parcel 1 and to provide better space for building between I-70 and Swift Gulch Road. The proposed zone change would convert the easterly 1.36 acres of existing Tract Y from OLD to SPA, making it a portion of the Swift Gulch SPA in conformance with the proposed Preliminary Plat. No other changes to the Swift Gulch SPA Plan are included in the requested action. The Planning and Zoning Commission has held a public hearing on the requested zone change and has reviewed the Preliminary Plat for conformance with adopted Master Plan working goals and objectives. The Commission then recommended approval of the Preliminary Plat and requested Zone Change subject to: 1) The requested zone change and SPA Plan Amendment be approved in conjunction with approval and recording of the Final Plat; 2) Final Plat include a Subdividers Agreement providing for: a) the dedication of proposed Tract Y to the Town of Avon; b) the inclusion of an access easement across proposed Lot 1, from Swift Gulch Road to proposed Tract Y; and c) a provision to save the existing trees along Nottingham- Puder Ditch Recommended Council Action: 1) Conduct public hearing with regard to Preliminary Plat. 2) Adopt Resolution No. 85-30 approving Preliminary Plat for Swift Gulch Subdivision. 3) Authorize preparation of Zoning Ordinance to accomplish proposed zone changes with approval of Final Plat for Swift Gulch Subdivision. NW/ j e 8/22/85 E HAND DELIVERED Avon Town Clerk Mr. Norm Wood Director of Community Town of Avon P.O. Box 975 Avon, CO 81620 Development • August 15, 1985 RE: Swift Gulch Preliminary Plat Submittal rA11r, i 5 1QR5' Submitted herewith are four copies of the Preliminary Plat Map, Reports and Additional information in accordance with Chapter 16.20, Article II of the Avon Municipal Code. A check in the amount of $240.00 for the required filing fee is attached in accordance with Section 16.12.040, D.2 of the Code as follows: Plans with more than three lots $ 200.00 Plus ten dollars ($10.00) per lot (4 lots) 40.00 Total Fee $ 240.00 Please recall that the Plat Map was submitted to you on August 6, 1985 for review concurrently with the Swift Gulch Rezoning Application. Also please recall that 1) there are no new roads involved and that roads and drainage plans have been previously submitted and approved, 2) virtually the same plat was approved by the Town Council by its Resolution No. 82-18, and 3) the SPA (Specially Planned Area) Zone for the Swift Gulch Addition was approved by Council Ordinance No. 81-31 and established current land uses by Ordinance No. 85-4. In reality, the purpose for the subdivision is very minor: it is to formalize the existing two Parcels and call them "Lots"; to move Lot 1 slightly west; and to rezone that added portion of Lot 1. Therefore, with all the previous review and approvals, it would seem this Plat would require much less review than ordinarily is necessary. We request that this Application be considered for approval by the Town Council at its meeting of August 27, 1985. If you need any assistance to prepare the Public Hearing Notice or require additional information, please do not hesitate to let us know. Sincerely 3 n e Michael S. Blair, Planner For: Mr. A. J. Wells, President Section 36, Inc. MSB/rf Enclosures cc: A. J. Wells Kent Kriehn Wildwood A Section 36, Inc. Development Box 329, Avon, Colorado 81620-Phone (303) 949-5743 STAFF REPORT TO PLANNING & ZONING COMMISSION - 8/15/85 Swift Gulch Addition Tract Y, Block 1, Benchmark at Beaver Creek Preliminary Plat, Zone Change, and SPA Plan Amendment INTRODUCTION: Section 36, Inc. a Colorado Corporation and owner of Swift Gulch Addition, and Tract Y, Block 1, Benhcmark at Beaver Creek have requested a zone change and SPA Plan Amendment in conjunction with a request for Preliminary Plat approval. The proposed Preliminary Plat provides for the inclusion of the easterly 1.36 acres of Tract Y into Parcel 1 of Swift Gulch Addition. The stated purpose of this change is to provide a more safe and convenient vehicular access to Parcel 1 and to provide better space for building between I-70 and Swift Gulch Road. Swift Gulch is currently zoned SPA and Tract Y is currently zoned OLD (Open Space, Landscaping and Drainage). The proposed zone change would convert the easterly 1.36 acres of Tract Y from OLD to SPA, making it a portion of the Swift Gulch SPA in conformance with proposed Preliminary Plat. No other changes to the Swift Gulch SPA Plan are included in requested action. The required Notices of Public Hearing have been mailed and posted. STAFF COMMENTS: The requested zone grange and Preliminary Plat are directly related and should be considered together. Discussions with applicant revealed that access to Swift Gulch, Parcel 1; was originally intended to be across this particular portion of Tract Y to the Town of Avon with an access easement across Parcel.l from a future entrance from Swift Gulch Road. The proposed replat and zone change is located in Development District Four. The following Policies and Goals for Development District Four may be pertinent in evaluating the requested zone change and replat: A. Community Facilities - Goals 1. Promote natural and landscaped open space, parks, playgrounds, and campgrounds; 2. Encouraqe the acquisition of sites for municipal service and recreational facilities; Staff Report to Planning & Zoning Commission - 8/15/85 Swift Gulch Addition Tract Y, Block 1, Benchmark at Beaver Creek Preliminary Plat, Zone Change, and SPA Plan Amendment Page 2 of 3 B. Transportation and Circulation - Policies 1. Provide a vehicular access control plan that protects the safety of the streets and allows good access to private property. STAFF RECOMMENDATIONS: Should the Commission find the proposed replat and requested zone change to be- appropriate and recommend approval to the Town Council, the following conditions are suggested for inclusion in the recommendation: 1. The requested zone change and SPA Plan Amendment be approved in conjunction with approval and recording of the Final Plat; 2. Approval of Preliminary Plat be contingent upon submittal of all required reports and letters from utility companies regarding the availability of utility services; 3. Approval of. Preliminary Plat be contingent upon Final Plat providing for the dedication of Tract Y to the Town of Avon and the provision of an access easement across Lot 1, Swift Gulch to Tract Y, Benchmark at Beaver Creek. RECOMMENDED ACTION: 1. Introduce application; 2. Presentation by applicant; 3. Staff comments; 4. Public Hearing; 5. Planning and Zoning Commission review and recommendation to Town Council. Respectfully Submitted, Norm Wood Director of Engineering and Community Development Staff Report to Planning & Zoning Commission - 8/15/85 Swift Gulch Addition Tract Y, Block 1, Benchmark, at Beaver Creek Preliminary Plat, Zone Change, and SPA Plan Amendment Page 3 of 3 Planning and Zoning Action: Approved as Submitted ( ) Approved with Recommended Conditions Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date Patricia Cuny, Secretary RECOMMENDED ACTION: NW/mml Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949-4280 August 20, 1985 Section 36, Inc. c/o Mr. Nike Blair P.O. Box 954 Avon, C0 81620 RE: Swift Gulch Addition & Tract Y, Block 1, Eenchmark "at Beaver. Creek Preliminary Plat RevieAmendment to SPA Plan and,Zone Change, OLD to SPA Public Hearing Dear N.r. Nair: At the Aupust ?5, 1985 Planning and Zoning Conanission meeting, the following actions wt'e taken with regard to the above mentioned: The Commission approved, and recommended that Council approve, the Preliminary Plat,-Zoo charge, and SPA Plan for Tract Y, Block 1, Benchmark at Beaver Creek. Approval '.:as recommended based on the following reasons: It fits wish the community facility goals and the transportation and circulation goals; th~, requested zone chance and SPA Plan P iendment be approved in conjunction with approval and recording of the Final Plat; approval of Preliminary Plat be contingent upon submittal of all required reports and letters from utility companies regarding the availability of utility services; and approval of Preliminary Plat be contingent upon Final Plat providing for the dedication of Tract Y to the Town of Avon and the provision of an access easement across,Lot 1, Swift i:ulch to Tract Y, Benchmark at Beaver Creek; and that a Subdivision Agreement be drav:n up that includes saving the trees. Sincerel Marga X~t N. Lact Recorfinu Jecretary Copy/File /mml