TC Ord. No. 1990-08•
TOWN OF AVON
•
ORDINANCE NO. 90 - 8
SERIES OF 1990
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION
OF THE EAGLEBEND SPA (Lots 2, 3, 4, 5, 6, 7, 8, 9, 11,
AND 12, AND TRACT A, FILING 4); ESTABLISHING A
DEVELOPMENT PLAN AND ITS C014TENT AND ESTABLISHING
DETAILS RELATING THERETO
WHEREAS, the Eaglebend Partnership has filed application
with the Town of Avon to amend a portion of the Eaglebend SPA
(Lots 2 - 12 and Tract A, Filing 4); and
WHEREAS, a public hearing has been held by the Planning
and Zoning Commission of the Town of Avon, pursuant to notices
required by law, at which time the applicant and the public were
given an opportunity to express their opinions and present certain
information and reports regarding the proposed amendment; and
WHEREAS, following such public hearing, the Planning and
Zoning Commission forwarded reports and recommendations on the
proposed amendment to the Town Council; and
WHEREAS, after notices provided by law, a public hearing
was held before this Council on the 26th day of June, 1990, at
which time the applicant and the public were given an opportunity
to express their opinions regarding the proposed amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits,
and a study of the Master Plan of the Town of Avon and the
recommendations of the Planning and Zoning Commission of the Town
of Avon, this Council finds as follows:
1. The proper posting, publication and public notice was
provided as required by law for the hearings before the Planning and
Zoning Commission and the Town Council of the Town of Avon.
2. That the hearings before the Planning and Zoning
Commission and the Town Council were both extensive and complete
and that all pertinent facts, matters and issues were submitted at
those hearings.
3. That the proposed amendment to the Eaglebend SPA
is consistent with the Master Plan of the Town of Avon.
4. That the requested amendment to the Eaglebend SPA will
be in the best interest of the health, safety, welfare and morals of
the citizens of the Town of Avon.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, THAT:
SECTION 1 - DEVELOPMENT PLAN
A. The Eaglebend Apartment Project and the development
plan therefore, is hereby approved for the development of Lots 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and Tract A, Filing 4, Eaglebend
Subdivision, within the Town of Avon, Colorado, consisting of 9.314
acres or 405,718 square feet, more or less.
B. The development plan for the Eaglebend Apartment
Project is approved and shall constitute the plan for development
within the Eaglebend SPA. The development plan is comprised of
those plans submitted by Arthur Wise, Architects as dated June 19,
1990, and consists of the following documents:
1. Site development and landscape plan.
2. Typical floor plans.
3. Exterior elevations and sections.
C. The Development Plan shall adhere to the following:
Setbacks
Setbacks shall be as shown on the site development
plan listed above.
Height
Heights of structures shall be as indicated on the
elevations listed above.
Coverage
Site coverage shall be as indicated on the site plan
listed above.
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Landscaping
The area of the site to be landscaped shall be as
indicated on the landscape plan listed above.
Parking
Parking shall be as indicated on the site plan and
floor plans as listed above. In no case shall the
parking provided on the site be less than 410 spaces.
SECTION 2 - DENSITY
The total density permitted with the approval of this development
plan consists of 242 dwelling units. Two hundred forty of the
units shall be in the form of 20 12-plex buildings as shown on the
approved site development plan. The floor plans and square footages
of the units shall be as shown on the Fractionalization plans
approved by the Avon Planning and Zoning Commission at their
public hearing of June 19, 1990. The remaining two units shall be
contained within the community center building. Plans for the
community center building shall be submitted to the Design Review
Board for their approval.
SECTION 3 - USES
Permitted, conditional and accessory uses shall be multi-family
dwellings, a community center building, recreational and community
facilities, and accessory buildings.
SECTION 4 - AMENDMENTS
Amendments to the approved development plan which do not change its
substance may be approved by the Planning and Zoning Commission at
a regularly scheduled public hearing in accordance with the
provisions of Section 17.28. Amendments which do:.change.-.the-sabst.ance
of the development plan shall be required to be approved by Town
Council after the above procedure has been followed. The Community
Development Department shall determine what constitutes a change
in the substance of the development plan.
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SECTION 5 - CONDITIONS OF APPROVAL FOR EAGLEBEND APARTMENT
PROJECT SPA AMENDMENT
A. The Metcalf Ditch must continue the function of
watering the existing trees along the north bank
of the Eagle River.
B. The phasing plan must be amended to show that adequate
parking is provided with each phase of development.
C. Final review and approval of drainage and grading
plans and the treatment of parking lot runoff by the
Town Engineer.
D. Final review and approval of the plan by the Public
Works and Fire Departments.
E. Any unused development rights from the 139 total as
currently assigned to Lots 2-12 be restricted from
transfer to other parcels of land within the Town of
Avon.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 26th day of June, 1990, and a public hearing shall be held at
the regular meeting of the Town Council of the Town of Avon,
Colorado on the 10th day of July, 1990, at 7:30 P.M. in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON, COLORADO
ATTEST:
atricia J/. Dot-re, TgVn'Cler
TOWN COUNCIL
I ,
Gloria McRory, Mayor 'tOTem
RODUCED, PASSED AND ADOPTED THIS 10th day of July, 1990.
1-1
j Al an R Nottingh
EST: Mayor
atricia J" Doyle-, To n Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
10TH DAY OF JULY, 1990, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 90-8, SERIES OF
1990:
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION OF THE
EAGLEBEND SPA (Lots 2, 3, 4, 5, 6, 7, 8, 9, 11, AND 12, AND
TRACE A, FILING 4); ESTABLISHING A DEVELOPMENT PLAN AND ITS
CONTENT AND ESTABLISHING DETAILS RELATING THERETO.
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing the Council may consider final passage
of this Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 27th day of June, 1990.
TOWN OF AVON, COLORADO
BY:
atricia J. boy e, To n Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN
OF AVON ON JUNE 27, 1990:
The Avon.Post Office in the Main Lobby
The City Market, in the Main Lobby
The Coastal Mart, Inc.; and
The Avon Municipal Building in the Main Lobby.