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TC Ord. No. 1990-15C • TOWN OF AVON ORDINANCE NO. 90 - 15 SERIES OF 1990 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION OF THE WILDRIDGE SPA (Lots 13, 14, and 15, Block 2) ESTABLISHING A DEVELOPMENT PLAN AND ITS CONTENT AND ESTABLISHING DETAILS RELATING THERETO WHEREAS, KED Development has filed application with the Town of Avon to amend a portion of the Wildridge SPA (Lots 13, 14, and 15, Block 2); 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 28th day of August, 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 Wildridge SPA is consistent with the Master Plan of the Town of Avon. 4. That the requested amendment to the Wildridge 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 Wildridae Acres Resubdivision and the development plan therefore, is hereby approved for the development of Lots 13, 14, and 15, Block 2, Wildridge Subdivision, within the Town of Avon, Colorado, consisting of 3.38 acres or 143,748 square feet, more or less. B. The development plan for the Wildridge Acres Resub- division is approved and shall constitute the plan for development within the Wildridge Acres SPA. The development plan is comprised of the Wildridge Acres Preliminary Plat submitted by RJL Surveys as dated August 24, 1990, and those plans submitted by Arthur Griffith Engineers and Associates dated August 24, 1990, and consisting of the following documents: 1. Utility Plan. 2. Grading Plan. 3. ':Construction Details. C. The Development Plan shall adhere to the following: Maximum Building Height No portion of any structure shall exceed 35 feet in height, measured from the finished grade at a given point around the structure to the highest point- on the building. • • Setbacks No portion of any building shall be allowed to encroach beyond the building envelope lines shown on the Wildridge Acres Preliminary Plat, with the exception that decks may encroach up to a maximum of 5 feet into any side or rear yard setback area. Landscaping A master landscape plan for the entire development shall be submitted to the Design Review Board along with the first application for design review approval of any dwelling unit located therein. Design Specifications An architectural theme for Wildridge Acres will be created and approved by the Design Review Board. All construction within the subdivision will conform to the Design Specifications. SECTION 2 - DENSITY The total density permitted with the approval of this development plan is twelve (12) dwelling units. The floor areas of the units will not be less than 1,800 square feet nor shall they exceed 2,400 square feet in size. SECTION 3 - USES Permitted uses shall be single family dwellings and accessory buildings and uses. SECTION 4 - AMENDMENTS Amendment 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 substance of the development plan shall be required to be approved by Town Council after the above precedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. SECTION 5 - CONDITIONS OF APPROVAL FOR WILDRIDGE ACRES PROJECT SPA AMENDMENT A. Final review and approval of drainage and grading plans and the treatment of runoff by the Town Engineer. B. No sales of raw (undeveloped) land shall be allowed. C. The applicant, KED Development, construct the two roads in compliance with Town of Avon standards and dedicate the same to the Town of Avon upon completion of construction of the twelve units. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 28th day of August, 1990, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 11th day of September, 1990, at 7:30 P. M., in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO ATTEST: /s/ Patricia J. Doyle Patricia J. Doyle, Town Clerk TOWN COUNCIL /s/Allan R Nnttingham Allan R. Nottingham, Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 11th day of September, 1990. TOWN OF AVON, COLORADO TOWN COUNCIL /s/ Allan R_ Nnttingham Allan R. Nottingham, Mayor U STATE OF .COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) PJ 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 11TH DAY OF SEPTEMBER, 1990, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 90-15, SERIES OF 1990: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION OF THE WILDRIDGE SPA (LOTS 13, 14, 15, BLOCK 2, 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 28th day of August, 1990. TOWN ' ~AVON , C atricia (,lJ. H'dvle )Tbwn Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 29, 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