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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. ® • 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. 0 0 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 0 0 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.