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Plan commission approves waiver and preliminary plat for Fairwood Section 5
Summary
The Avon Plan Commission approved a temporary waiver to allow nine additional lots in Fairwood Section 5 and granted preliminary plat approval, while the town gains about 5.93 acres of floodplain that staff says will be transferred for long-term management and trail connections.
The Avon Plan Commission on a unanimous voice vote approved a waiver and granted preliminary approval for Fairwood Section 5, allowing nine additional lots on an 18.1-acre remnant parcel while the town secures right-of-way for a future Bradford Road extension.
Planning staff told the commission the proposal includes transferring two floodplain blocks (about 5.93 acres) to the town for long-term maintenance and future greenway and trail access connecting the subdivision to the nearby high school and the town trail system. Staff recommended approval of the waiver and the plat subject to six conditions in the staff report.
"Staff recommends approval of the waiver and then of the plat with the six conditions," Planning staff said during the presentation, emphasizing the public-benefit elements of the proposal: the town would control and maintain the floodplain area and gain a trail connection to the larger network.
Petitioner's engineer Steve Breehub of Banning Engineering described the parcel as a remnant piece whose configuration was designed to allow the owner to finish developing the area while dedicating right-of-way and donating floodplain property to the town. He said the project would create a temporary exceedance of the town's 200-lot threshold on two access points until Bradford Road is extended.
Commissioners questioned the expected timeline for Bradford Road and whether the waiver would be effectively permanent. Planning staff said there is no immediate construction timeline for Bradford Road; engineering, a potential bridge crossing of the creek and coordination with the school remain unresolved, and staff described the timeframe as ‘‘years’’ rather than months. Staff and the petitioner said the fire department reviewed the private-alley emergency-access design and found it acceptable.
Commissioners also raised design questions about ‘‘MEW’’ lots (homes fronting a common area with side-load garages and private alleys), anti-monotony protections and homeowners’ association responsibilities for alley maintenance. Breehub and staff said alley maintenance would be handled through covenants and a homeowners association for the new lots and that the town would retain control of the two floodplain blocks.
After discussion, a commissioner moved to approve the waiver (Avon UDO 7.21J1) to permit the temporary lot increase on two access points; the motion carried and the commission then voted to grant preliminary approval of the major subdivision plan, subdividing the 18.1 acres into nine lots in two blocks subject to the conditions listed in the staff report.
The approved actions require the petitioner to meet the listed conditions in staff's report before final platting. The commission noted the Bradford Road right-of-way dedication is intended to enable a future third entrance once the road is built, which staff said remains part of the town’s longer-range transportation plans.
