TC Res. No. 2004-37 APPROVING SUBDIVISION VARIANCE AND PRELIMINARYTOWN OF AVON, COLORADO
RESOLUTION NO. 04-37
SERIES OF 2004
A RESOLUTION APPROVING SUBDIVISION VARIANCE AND PRELIMINARY
PLAN FOR WESTERN SAGE P.U.D., A RESUBDIVISION OF LOTS 54, 55, 89 AND 90,
BLOCK 4; WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Jay K. Peterson has applied for a Subdivision Variance and Preliminary Plan
approval for the Western Sage P.U.D. a Resubdivision of Lots 54, 55, 89 and 90, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado in conjunction with an application for a PUD
Amendment; and
WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of three existing
tri-plex lots and one duplex lot into eight single family lots with access from existing public
streets or'by easement from existing public streets; and
WHEREAS, said Variance application is to allow the creation of four lots that do not have a
frontage width of at least 25 feet on a dedicated- street as required by Section 16.40.330 of the
Avon Municipal Code; and
WHEREAS, The Town Council of the Town of Avon finds that the requested Variance
complies with the following criteria:
1) A strict, literal application of the 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) 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;
3) The granting of the request will not adversely affect the use of the land in the
immediate area of the tract in, question; and
WHEREAS, said Preliminary Plan redefines the Non-Developable Area as designated on the
Final Subdivision Plat of Wildridge; and
WHEREAS, the Town Council of the Town of Avon finds that the redefined Non-Developable
Area on the Preliminary Plan is consistent with Resolution No. 04-25, A Resolution Relating to
Existing Non-Developable Areas in the Wildridge Planned Unit Development; and
WHEREAS, said application for a PUD Amendment for Lots 54, 55, 89 and 90, Block 4,
Wildridge was reviewed by the Planning and Zoning-Commission of the Town of Avon; and
WHEREAS, following a public hearing and'said review of the proposed PUD Amendment, the
Planning and Zoning Commission recommended Town Council approval of the proposed PUD
Amendmdrit; and
WHEREAS, following a public hearing and review of the proposed PUD Amendment, the
Town Council has confirmed the recommendation for approval by the Planning and Zoning
Commission and has approved the Proposed PUD Amendment by the adoption of Ordinance
Number 04-15; and
WHEREAS, the Proposed Subdivision Variance and Preliminary Plan is in conformance with
the Proposed PUD Amendment.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed
Subdivision Variance and Preliminary Plan for Lots 54, 55, 89 and 90, Block 4, Wildridge, Town
of Avon, Eagle County, Colorado is hereby approved subject to the following conditions:
1) Completion of technical corrections as identified by Town Staff.
2) The completion of water and sewer main extensions as shown on the Preliminary
Plan and the submission of written documentation from the applicable Districts
accepting the extensions prior to the filing of a Final Plat for the Subdivision or
the inclusion of a Subdivision Improvements Agreement with acceptable security
in conjunction with the application for Final Plat approval.
3) The submission and recording of acceptable covenants and by-laws addressing the
construction, use and maintenance of the common access easements for the lots
not having the typically required minimum frontage on a public street.
4) The submission of Design Guidelines for this PUD to the Town for review,
approval and recording prior to, or in conjunction with Application for Final
Subdivision Plat approval.
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ADOPTED THIS aF ' DAY OF September, 2004.
TOWN COUNCIL
'`®0 .®F° TOWN OF AVON, COLORADO
S I A 1, : lamer Ch a.2~e saves
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Resolution No. 04-37 Prel Plan Western Sage
Page 2 of 2
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Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: September 22, 2004
Re: Resolution No. 0437 - A Resolution Approving Subdivision Variance and
Preliminary Plan for Western Sage P.U.D. A Resubdivision of Lots 54, 55, 89 and
90, Block 4, Wildridge
(5190 & 5196 Longsun Lane and 5767 & 5775 Wildridge Road East)
Summary: Jay K. Peterson has submitted an application for a Subdivision
• Variance and Subdivision Preliminary Plan approval in conjunction with a PUD Amendment
Application for Lots 54, 55, 89 and 90, Block 4, Wildridge. The proposed PUD Amendment
and Subdivision would convert one duplex lot and three tri-plex lots to eight single-family
lots. Three of the proposed lots would be accessed from Wildridge Road East and five lots
would be accessed by a common access easement extending from the cul-de-sac on Longsun
Lane. Existing water and sewer mains must be extended to provide service to the newly
configured lots. Eagle River Water and Sanitation District and the Eagle River Fire
Protection District have submitted letters indicating that the conceptual plans for service to
these lots are acceptable.
The Variance Application is to allow the creation of four lots that do not have a frontage
width of at least 25 feet on a dedicated street as required by Section 16.40.330 of the Avon
Municipal Code. Access to these lots will be provided through a 30 feet wide common
Access Easement. Covenants addressing the construction, use and maintenance of this
common access will be reviewed and recorded with the Final Subdivision Plat.
The criteria for approval of a Subdivision Variance is:
1) A strict, literal application of the 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) 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;
1:\Engineenng\Subdivision\Wildridge\Westem Sage PUD\Res 04-37 Memo-].Doc
3) The granting of the request will not adversely affect the use of the land in the •
immediate area of the tract in question.
The Preliminary Plan also shows the reconfiguration of the Non-Developable Area as defined
on the Final Subdivision Plat of Wildridge. The redefined Non-Developable Area shown on
the Preliminary Plan appears to be consistent with Council Resolution No. 04-25, A
Resolution Relating to Existing Non-Developable Areas in the Wildridge Planned Unit
Development.
Following a public hearing, the Planning and Zoning Commission adopted Resolution No.
04-22 recommending approval of the proposed Western Sage P.U.D. Application at their
August 17, 2004 meeting. Town Council approved Ordinance No. 0415, An Ordinance
Approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 54,
55, 89 and 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, on
first reading at the August 24, 2004 meeting. The proposed Subdivision Variance and
Preliminary Plan Application should be considered in conjunction with final action on the
proposed Western Sage P.U.D. Application. The attached Resolution approving the Variance
and Preliminary Plan is based upon the recommendation of the Planning and Zoning
Commission with respect to proposed P.U.D., and assumes Town Council approval of
Ordinance No. 04-15 on second reading.
Final action on the Subdivision Variance and Preliminary Plan should correspond with •
final action on the Proposed P.U.D.
If Ordinance No. 04-15 is not approved on second reading, this Resolution should be
amended accordingly, prior to approval, to reflect the Council's action to deny approval of the
Variance and Preliminary Plan Applications.
Recommendation:
Approve Resolution No. 04-37, Series of 2004, A Resolution Approving Subdivision
Variance and Preliminary Plan for Western Sage P.U.D., A Resubdivision of Lots 54, 55, 89 and
90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado.
Proposed Motion:
I move to approve Resolution No. 04-37, Series of 2004, A Resolution Approving
Subdivision Variance and Preliminary Plan for Western Sage P.U.D., A Resubdivision ofLots
54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
0 Page 2
•
TOWN OF AVON
RESOLUTION NO. 04-37
Series of 2004
A RESOLUTION APPROVING SUBDIVISION VARIANCE AND
PRELIMINARY PLAN FOR WESTERN SAGE P.U.D., A RESUBDIVISION OF
LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Jay K. Peterson has applied for a Subdivision Variance and Preliminary
Plan approval for the Western Sage P.U.D. a Resubdivision of Lots 54, 55, 89 and 90,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado in conjunction with an
application for a PUD Amendment; and
is WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of three
existing tri-plex lots and one duplex lot into eight single family lots with access from
existing public streets or by easement from existing public streets; and
WHEREAS, said Variance application is to allow the creation of four lots that do not
have a frontage width of at least 25 feet on a dedicated street as required by Section
16.40.330 of the Avon Municipal Code; and
WHEREAS, The Town Council of the Town of Avon finds that the requested Variance
complies with the following criteria:
1) A strict, literal application of the 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) 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;
3) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question; and
WHEREAS, said Preliminary Plan redefines the Non-Developable Area as designated
on the Final Subdivision Plat of Wildridge; and
•
1:\Engineering\Subdivision\Wildridge\Westem Sage PUD\Res 04-37 Prel Plan.Doc
WHEREAS, the Town Council of the Town of Avon finds that the redefined Non- •
Developable Area on the Preliminary Plan is consistent with Resolution No. 04-25, A
Resolution Relating to Existing Non-Developable Areas in the Wildridge Planned Unit
Development; and
WHEREAS, said application for a PUD Amendment for Lots 54, 55, 89 and 90, Block 4,
Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon;
and
WHEREAS, following a public hearing and said review of the proposed PUD
Amendment, the Planning and Zoning Commission recommended Town Council
approval of the proposed PUD Amendment; and
WHEREAS, following a public hearing and review of the proposed PUD Amendment,
the Town Council has confirmed the recommendation for approval by the Planning and
Zoning Commission and has approved the Proposed PUD Amendment by the adoption of
Ordinance Number 04-15; and
WHEREAS, the Proposed Subdivision Variance and Preliminary Plan is in conformance
with the Proposed PUD Amendment.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Proposed Subdivision Variance and Preliminary Plan for Lots 54, 55, 89 and 90, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado is hereby approved subject to the
following conditions:
1) Completion of technical corrections as identified by Town Staff.
2) The completion of water and sewer main extensions as shown on the
Preliminary Plan and the submission of written documentation from the
applicable Districts accepting the extensions prior to the filing of a Final
Plat for the Subdivision or the inclusion of a Subdivision Improvements
Agreement with acceptable security in conjunction with the application for
Final Plat approval.
3) The submission and recording of acceptable covenants and by-laws
addressing the construction, use and maintenance of the common access
easements for the lots not having the typically required minimum frontage
on a public street.
4) The submission of Design Guidelines for this PUD to the Town for
review, approval and recording prior to, or in conjunction with •
Application for Final Subdivision Plat approval.
I:\Engineering\Subdivision\Wildridge\Westem Sage PUD\Res 04-37 Prel Plan.Doc
•
ADOPTED THIS DAY OF September, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
0 ATTEST:
Patty McKenny, Town Clerk
1:\Engineering\Subdivision\Wildridge\Westem Sage PUD\Res 04-37 Pre] P1an.Doc