TC Res. No. 2001-26TOWN OF AVON
RESOLUTION 01-26
SERIES OF 2001
A RESOLUTION APPROVING
PRELIMINARY SUBDIVISION PLAN FOR A
RESUBDIVISION OF MCGRADY ACRES,
LOTS 1,2,3,4, and 5, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, as representative of the owner of lots 1,2,3,4, and
5, McGrady Acres Subdivision has filed a subdivision application for Preliminary Plan
approval for a Resubdivision of McGrady Acres, Lots 1,2,3,44, and 5, Eagle County,
Colorado in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, Traer Creek. LLC has filed an application for variance from the
Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length
greater than 1,000 feet and serving more than 20 residential units at the end of
Eaglebend Drive; and
WHEREAS,. The Town has provided public notice in accordance with Section
16.20.070 to all owners_ within three hundred feet of McGrady Acres subdivision, Lot
1,2,3,4,and 5 and posted notices of the time and date at which Town Council considered
the preliminary subdivision application; and
WHEREAS, on September 11, 2001 and September 25, 2001'; Council held a
public hearing at which it received evidence and testimony concerning the Preliminary
Plan, at the conclusion of which the Town Council considered such evidence and
testimony.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000
feet and serving more than 20 residential units, for a Resubdivision of McGrady Acres,
Lots 1,2,3,4, and 5 is in the best. interest of the public health, safety and welfare and
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the following conditions:
1. General Requirements - Must be Completed Prior to Final Plat Approval:
1. The Eagle River Fire Protection District must approve emergency access
and fire hydrant spacing.
2. Plans for all water and sewer facilities must be approved by Eagle River
Water and Sanitation District.
3. Drainage: Plans for Storm Water Management and Pollution Control
Facilities within the Town must be approved by the Town of Avon.'
4. Utilities: Approval of construction plans for all utility services including but
not limited to water, sewer, electric, natural gas, phone and cable must be
provided by the appropriate entities to the Town of Avon.
5. A Subdivision Improvements Agreement must be approved by the Town
and the corresponding security must be provided to assure compliance
with the Subdivision Improvements Agreement.
6. The Final Plat will provide a Plat Note stating that before a building permit
may be issued for Lot 3, a fence or wall will be constructed between Lot 1
and Lot 3 to provide a visual and physical separation between Lot 3 and
the Eaglebend Subdivision.
7. Completion of all technical corrections,as identified prior to Final Plat
Approval.
ADOPTED THIS 25 DAY OF SEPTEMBER, 2001.
TOWN COUNCIL
TOWN OF AVON; COLORADO
Ay Yode M r
TTEST:
Nash
n Clerk
2
Memo
TO: Honorable Mayor and Town Council
Thru: Bill Efting, Town Managerl~_
From: Norm Wood Town Engineer '
Ruth Borne, Director of Community Development
Dates. September 20, 2001
Re: Resolution No. 01-26, Series 2001, A Resolution Approving the
Preliminary Plan, a Resubdivision of McGrady Acres, Lots 1,2,3_ ,4,
and 5, Eagle County, Colorado
(PUBLIC, HEARING)
summary: Traer Creek LLC has submitted a subdivision application
for Preliminary Plan approval for a Resubdivision of McGrady Acres, Lots 1,2,3,4,
and 5, Eagle County, Colorado. The revised submittal includes a request for a
variance fora cul-de-sac, having a length greater than 1,000 feet and serving more
than 20 residential units, at the easterly end of Eaglebend Drive.
On September 4, 2001, the Planning and Zoning Commission reviewed the
Preliminary Subdivision Plan and recommended approval in the attached
Planning & Zoning Commission Resolution 01-09.
On September 11., 2001, Council held a public hearing on this preliminary plan
application. This Public hearing was continued to the September 25, 2001
regular council meeting to receive public comment regarding anticipated
Preliminary . Plan revisions., Based upon public comment at the September 11
Public Hearing, Council recommended the applicant revise the Preliminary Plan
to include a cul-de-sac at the easterly'end of Eaglebend Drive.
Copies of the Preliminary Plan were transmitted to the Colorado Department of
Transportation, Eagle County Engineer's Office, Eagle River Fire Protection
District and Eagle River Water and Sanitation District for review and comment.
This Resolution includes conditions of approval to address the comments and
recommendations received -in response to their review.
IAEngineering\Avon Village\Annexation\Res 01-26 Mcgrady Prelim Plan Memo-1.Doc
Staff has incorporated recommended conditions for approval in response to the
comments received at the public hearing held on September 11, 2001 in Resolution
01-26, which include the addition of a fence between the park referred to as Lot 1
and Lot 3.
Discussion: Action related.to this Preliminary Plan Application
should take into, consideration actions regarding the accompanying zoning
application as addressed in Ordinance No. 01-08. If the proposed zoning is
approved as provided in Ordinance No. 01-08 the Preliminary Plan should be
approved as presented subject to the conditions outlined in attached Resolution
01-26: If the proposed zoning as provided in Ordinance No. 01-08 is not
approved, the Public Hearing for the Preliminary Plan should be continued to
allow the Applicant to modify the Preliminary Plan to conform to a revised zoning
application.
Recommendations: If Ordinance No. 01-08 is approved on First
Reading, close Public Hearing and approve Resolution 01-26, a Resolution
Approving Preliminary Subdivision Plan for a Resubdivision of McGrady Acres,
Lots 1, 2, 3, 4, and 5, Eagle County, Colorado.
Alternatives: If Ordinance No. 01-08 is not approved on
First'Reading, continue Public Hearing to the next regular council meeting.on
October 9, 2001 and, table action on Resolution 01-26, a Resolution Approving
Preliminary Subdivision Plan for a Resubdivision of McGrady Acres, Lots 1, 2, 3,
4, and 5, Eagle County, Colorado.
Proposed- Motiom
Town Manager Comments:
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IAEnginedring\Avon Village\Armexation\Res 01=26 Mcgrady Prelim Plan Memo-I.Doc 2
TOWN OF AVON
PLANNING & ZONING. COMMISSION
RESOLUTION NO. 01-09
A RESOLUTION RECOMMENDING APPROVAL FOR THE
PRELIMINARY SUBDIVISON PLAN FOR.LOTS 1, 2, 3, 4, AND 5
OF MCGRADY ACRES PUD, TOWN OF AVON, EAGLE
COUNTY, COLORADO
Of the Town of Avon, Colorado, hereby recommends approval for.
H BREAS, Traer Creek LLC has submitted a Preliminary Subdivision Plan application
W
for the Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres PUD;.and
AS, the Planning & Zoning Commission of the Town of Avon having considered the applications
and reviewed the plans for the Preliminary Subdivision Plan application for the Resubdivision of Lots
1, 2, 3, 4, and 5 of McCrady Acres PUD; and
N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
1. The preliminary subdivision plan for the Resubdivision of Lots 1, 2, 3, 4, and, 5
of McCrady Acres PUD.
ADOPTED THIS 4th DAY OF SEPTEMBER, 2001
Si
Date: O f
Chris Evans, Chair
Anew.
Date:
Paul Klein, Secretary