Loading...
TC Ord. No. 1986-12r • TOWN OF AVON ORDINANCE NO. 86-12 Series of 1986 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. WHEREAS, Eagle Bend, a partnership, has filed application with the Town of Avon to amend the zoning district map to include the property described on Exhibit "A" in the specially planned area zone district of the Town of Avon; and WHEREAS, public hearings have been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which the applicant and the public were given an opportunity to express their opinions regarding the proposed amendment; and WHEREAS, following such public hearings, 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 10th day of June , 1986, 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 Zoning District Map of the Town of Avon is consistent with the Master Plan of the Town of Avon. 4. That the requested amendment to the Zoning District Map of the Town of Avon 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: s • Section 1. Amendment to Zoning District Map. The Zoning District Map of the Town of Avon shall be and hereby is amended to reflect that the certain real property as more fully and legally described on Exhibit "A" hereto, shall be and hereby is included in the Specially Planned Area Zone District as such term is defined and subject to all the terms and conditions thereof set forth in the Municipal Code of the Town of Avon, as may from time to time be in effect, and the uses, allowable densities, required parking, lot setback requirements, maximum heights, minimum open space, location and characteristics of streets, rights of way and utilities and dimensions and grading of parcels and dimensions and siting of structures shall be as set forth on the plat attached as Exhibit "B" hereto. Section 3. Effective Date. The amendment to the Zoning District Map of the Town of Avon provided for herein shall take effect in accordance with the charter and the ordinances of the Town of Avon, and the Mayor and the Town Clerk are hereby directed and authorized to execute such documents as may be required to reflect the amendment herein authorized, and to file a certified copy of such documents with the County Clerk and Recorder of Eagle County, Colorado. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 27th day of May , 1986 and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 10th day of June , 1986 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. ATTEST: ct fPatricia ~J./ oyle n Clerk O A11'an No tingham, Ma, or INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 10th day of June , 1986. (TT~S 1 Mayor AVON2 V-5182 6/5/86 0 Exhibit A EAGLEBEND FILING No. 1: ® ZONING 1 of 4 A parcel of land lying in the Southwest one-quarter of Section 7, Township 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the North one-quarter corner of said Section 7; thence S 05°01'54" W 4462.67 feet; thence S 45°53'00" W 129.45 feet to the True Point of Beginning; thence 216.39 feet along the arc of a non-tangent curve to the right having a radius of 275.00 feet and a central angle of 45°05105", the chord of which bears N 65°32'33" W 210.85 feet; thence 121.20 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 21°22'00", the chord of which bears N 53°41'00" W 120.50 feet; thence N 64°22'00" W 200.00 feet; thence 145.40 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 25038'00", the chord of which bears N 77°11'00" W 144.19 feet; thence 239.98 feet along the arc of a curve to the right having a radius of 275.00 feet and a central angle of 50°00'00", the chord of which bears N 65°00'00" W 232.44 feet; thence N 40°00'00" W 264.31 feet; thence 138.22 feet along the arc of a curve to the left having a radius of 325.00 feet and a central angle of 24°22'00", the chord of which bears N 52°11'00" W 137.18 feet to a point on the Southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence along the said right-of-way line N 64°22'00" W 410.00 feet; thence S 25°38'00" W 267.42 feet to a point on the Northerly boundary of Eagle-Vail Filing No. 2 as recorded in the Eagle County Records; thence alon said Northerly boundary of Eagle-Vail Filing No. 2 the following seven ?7) courses: 1) S 62°21'14" E 187.70 feet; 2) S 38°51'12" E 231.14 feet; 3) S 50°24'14" E 315.36 feet; 4) S 61°52'35" E 263.06 feet; 5) S 76°00'35" E 301.96 feet; 6) S 55°11'36" E 227.75 feet; 7) S 31°40'59'' E 80.49 feet to the Westerly boundary line of a parcel of land owned by Susan Nottingham; thence along said Westerly boundary line N 45°53'00" E 374.29 feet to the Point of Beginning, containing 11.950 acres more or less The bearing from the North one-quarter corner of said Section 7 and the Northeast corner of the plat of Eaglebend is considered to bear S 05°01'54" W. V-5182 6/5/86 0 0 2 of 4 EAGLEBEND FILING NO. 2: A parcel of land lying in the Southwest one-quarter of Section 7, Township 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the North one-quarter corner of said Section 7; thence S 05°01'54" W 4462.67 feet to a point on the Southerly right-of-way line of the Denver and Rio Grande Western Railroad, said point being the True Point of Beginning; thence along said right-of-way line N 64°22'00" W 1321.90 feet; thence 138.22 feet along the arc of a non-tangent curve to the right having a radius of 325.00 feet and a central angle of 24°22'00", the chord of which bears S 52°11'00'' E 137.18 feet; thence S 40°00'00" E 264.31 feet; thence 239.98 feet along the arc of a curve to the left having a radius of 275.00 feet and a central angle of 50°00'00", the chord of which bears S 65°00'00" E 232.44 feet; thence 145.40 feet along the arc of a curve to the right having a radius of 325.00 feet and a central angle of 25°38'00", the chord of which bears S 77°11'00" E 144.19 feet; thence S 64°22'00" E 200.00 feet; thence 121.20 feet along the arc of a curve to the right having a radius of 325.00 feet and a central angle of 21°22'00", the chord of which bears S 53°41'00" E 120.50 feet; thence 216.39 feet along the arc of ,a curve to the left having a radius of 275.00 feet and a central angle of 45°05'05", the chord of which bears S 65°32'33" E 210.85 feet to the Westerly boundary line of a parcel of land owned by Nottingham Ranch Co.; thence along said Westerly boundary line N 45°53'00" E 129.45 feet to the Point of Beginning, containing 3.185 acres more or less. The bearing from the North one-quarter corner of said Section 7 and the Northeast corner of the plat of Eaglebend is considered to bear S 05°01'54" W. V-5182 6/5/86 0 1* 3 of 4 EAGLEBEND FILING NO. 3: A parcel of land lying in the Southwest one-quarter of Section 7, Township 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the North one-quarter corner of said Section 7; thence S 05001 54" W 4462.67 feet; thence N 64°22'00" W 1731.90 feet to a point on the Southerly right-of-way line of the Denver and Rio Grande Railroad, said point being the True Point of Beginning; thence along said right-of- way line N 64°22'00" W 332.10 feet; thence continuing along said right-of- way line 361.61 feet along the arc of a curve to the left having a radius of 34327.50 feet and a central angle of 00°36'13", the chord of which bears N 64°40'06" W 361.61 feet; thence S 24°49'30" W 323.19 feet; thence 122.98 feet along the arc of a curve to the left having a radius of 325.25 feet and a central angle of 21°39'50", the chord of which bears S 13°59'35" W 122.25 feet; thence S 03°09'40" W 69.15 feet to a point on the boundary line of a parcel of land owned by Eagle River Townhouse Association Ltd., thence along said boundary line N 84°14'40" W 13.29 feet; thence continuing along said boundary line S 03°09'12" W 136.04 feet to a point on the Northerly right-of-way line of U.S. Highway No. 6; thence along said Northerly right- of-way line S 63°10'00" E 76.44 feet to a point on the boundary line of White Water Condominiums as recorded in the Eagle County Records; thence along said boundary line of the White Water Condominiums the following four (4) courses: 1) N 03°09'12" E 121.11 feet; 2) S 65°00'10" E 19.87 feet; 3) S 73°00'41" E 27.24 feet; 4) N 83029'18" E 409.37 feet to a point on the Northerly boundary line of Eagle-Vail Filing No. 2 as recorded in the Eagle County Records; thence along said Northerly boundary line the following two (2) courses: 1) S 86°34'34" E 110.16 feet; 2 S 62°21'14" E 73.07 feet; thence N 25°38'00" E 267.42 feet to the Point of Beginning, containing 6.559 acres more or less. The bearing of the North one-quarter corner of said Section 7 and the Northeast corner of the plat of Eaglebend is considered to bear S 05°01'54" W. V-5161 6/5/6b 4 of 4 EAGLEBEND FILING NO. 41 A parcel of land lying in the Southwest one-quarter of Section 7, Township 5 South, Range 81 West, and the Southeast one-quarter of Section 12, Township 5 South, Range 82 West, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the North one-quarter corner of said Section 7; thence S 05001'54" W 4462.67 feet; thence N 64°22'00" W 2064.00 feet; thence 361.61 feet along the arc of a curve to the left having a radius of 34327.50 feet and a central angle of 00°36'13", the chord of which bears N 64°40'06" W 361.61 feet to a point on the Southerly right-of-way line of the Denver and Rio Grande Western Railroad, said point being the True Point of Beginning; thence along said Southerly right-of-way line 606.98 feet along the arc of a curve to the left having a radius of 34327.50 feet and a central angle of 01°00'47", the chord of which bears N 65°28'36" W 606.97 feet; thence continuing along said Southerly right-of-way line N 65°59'00" W 377.60 feet to a point lying S 67* 0'39" W 756.94 feet from the East one- quarter corner of said Section 7; thence N 66°47'25" W 151.09 feet to a point on the boundary line of a parcel of land owned by Nottingham Associates; thence along said boundary line S 24°30'51" W 408.49 feet to a point on the Northerly boundary line of a parcel of land owned by Eagle River Townhouse Associates Ltd.; thence along said Northerly boundary line the following four (4) courses: 1) S 63° 29'45" E 158.72 feet; 2) S 59° 39'32" E 398.03 feet; 3) S 61° 26'30" E 300.36 feet; 4) S 59° 23'49" E 307.99 feet; thence S 84°14'40" E 22.07 feet; thence N 03°09'40" E 69.15 feet; thence 122.98 feet along the arc of a curve to the right having a radius of 325.25 feet and a central angle of 21°39'50", the chord of which bears N 13°59'35" E 122.25 feet; thence N 24°49'30" E 323.19 feet to the Point of Beginning, containing 12.013 acres more or less. The bearing from the North one-quarter corner of said Section 7 and the Northeast corner of Eaglebend is considered to bear S 05°01'54" W. ar:~ x T CD 4253 n r 0 41533 BOOK .......1...ZG..qq , PAGE .Q....(...... + f[ G r k b ti i t",.I L' I CERTIFICATION JUL 15 12 04 PM STATE OF COLORADO ) SS COUNTY OF EAGLE ) I, Patricia J. Doyle, DO HEREBY CERTIFY that I am the Town Clerk of the Town of Avon and the keeper of the records and corporate seal of said municipal corpora- tion; and that the attached is a true copy of Ordinance No. 86-12, Series of 1986 of the Town of Avon, County of Eagle and State of Colorado, and that said Ordinance No. 86-12 is in full force and effect at the date hereof, and the original is in my custody as Town Clerk. WITNESS my hand and official seal of the Town of Avon, County of Eagle, State of Colorado, this 10th day of June 1986. • • 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 JUNE,1986 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-12, SERIES OF 1986: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY IN THE SPECIALLY PLANNED AREA ZONE DISTRICT 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 given and published by order of the Town Council of the Town of Avon. Dated this 27th day of May, 1986. TO OF ,VON, COLORA 0 1 1 BY: 4 ~:'c Patricia J. 16, Town le POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 28 , 1986: THE MAIN ENTRANCE TO THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MAIN ENTRANCE OF THE MUNICIPAL BUILDING LOBBY