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TC Ord. No. 1992-13 Providing for the Amendment of a portion of the Eaglebend Spaf TOWN OF AVON ORDINANCE NO. 92 - 13 SERIES OF 1992 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION OF THE EAGLEBEND SPA (TRACT B, BLOCK 2, FILING 2); ESTABLISHING A DEVELOPMENT PLAN AND ITS CONTENT AND ESTABLISHING DETAILS RELATING THERETO WHEREAS, the Eaglebend Partnership has "riled application with the Town of Avon to amend a portion of the Eaglebend SPA (Tract B, Block2, Filing 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 aria 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 12th day of May, 1992, 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 recommendation 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 -he 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 Aipines at Eagiebend anc the deveioomer,,_ plan therefore, is hereby approved for the development of Tract. B, Block 2, Filing 2, Eaglebend Subdivision, within the Town of Avon, Colorado. B. The development plan for the 41p-,nes at Eaglebend is approved and shall constitute the plan for development within the Eaglebend PUD. The development clan is comprised of those plans submitted by Eaglebend Partnership and consists of the following: 1. Preliminary Plan for Eaglebend Subdivision, Filing No. 2, dated April 14, 1992 and drawn by Intermountain Engineering. 2. Grading Plan for Tract B, Block 2, Eaglebend Subdivision, Filing 2, dated April 30, 1992 and drawn by Intermountain Engineering. 3. Plans titled Alpines at Eaglebend two story model as drawn by Arthur Wise Architects A.I.A., dated April 27, 1992. Plans titled Alpines at Eaglebend Bi-level model as drawn by Arthur Wise Architects A.I.A., dated November 30, 1989. Plans Titled Alpines at Eaglebend Tri-level model as drawn by Arthur Wise Architects A.I.A., dated August 14, 1990. Plans titled Alpines at Eaglebend Mountain Laurel as drawn by Arthur Wise Architects A.I.A., dated June, 1989. All of these plans are subject to revision and approval by the Town of Avon Planning anc Zoning Commission. C. The Development Plan shall adhere to the following PUD Guide: GENERAL PURPOSE This guide is made for the purpose of creating and keeping the subdivision in so far as possible, desirable, attractive, beneficial and suitable in architectural design materials and appearance for the mutual benefit and protection or the owners in the subdivision and neighboring properties. USES All lots are intended to provide sites for single family dwellings on separate lots, with accessory uses. A. Allowed uses 1. One family dwelling. 2. Accessory buildings and uses only it fenced. B. Special review uses include 1. Above ground public or private utility installation. 2. Churches. 3. Permitted home occupations include: a. Offices provided they are in integral part of the residential structure and adequate parking spaces are placed on the lot. b. Retail sales of "one of a kind" products such as artwork., quilts or furniture. C. No more than one employee, excluding resident owners. C. Development standards 1. Minimum lot size - 5,000 square feet 2. Maximum building height - 35 feet as defined by the Town of Avon Zoning Code. 3. Setbacks - Minimum setbacks for the location of structures with relation to property lines shall be 25 feet from the road right-of-way, 10 feet from the railroad right-of-way, and 7-1/2 feet ob from the side property line. 4. Maximum site coverage - Buildings situated on a lot within the subdivision shall not exceed 25% lot coverage; nor shall the total habitable area of the building exceed 40% of the area of the lot. 5. Minimum landscape area - 25%. 6. Maximum density - one dwelling and one outbuilding per lot. 7. Off street parking shall be provided for each lot. There will be a two car garage in each house with two parking spaces in front of each garage. All parking and driveways within the subdivision, shall be paved. Driveway width will be a minimum of 14 feet. 8. There will be a maximum of nine road cuts for Lots 3-21. 9. Individual lots will not be conveyed or transferred unless a building permit has been issued for construction of one of the approved house plans. 10. No two identical house models will be sited side by side. 11. Mirror image siting of house models will be allowed only with architectural differentiation. SECTION 2 - DENSITY The total density permitted with the approval of this development plan is 19 dwelling units. The property lines and house siting as shown on the Preliminary Plan for Eaglebend Subdivision, Filing No. 2 are subject to minor revision as different house models are selected for construction. SECTION 3 - USES The Zoning Plat for Eaglebend, Exhibit B is hereby amended to add Single Family Homes to the Allowed Uses for Area IV. The PUD Guide for the development plan shall govern specific uses and development standards for Tract B, Block 2, Filing 2, Eaglebend Subdivision. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 12th day of May, 1992, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 26th day of May, 1992, at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. ATTEST: i Patty Neyh rt, T wn Clerk Town of Avon, Colorado Town Council Jerr Davi Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 9th day of June , 1992. I. ATTEST: Jerr Davi Mayor Patty Neyhc#t, Toim-/Clerk 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 26TH DAY OF MAY, 1992, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-13, SERIES OF 1992: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION OF THE EAGLEBEND SPA (TRACT B, BLOCK 2, FILING 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 posted by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of May, 1992. TOWN OF AVON, COLORADO BY: 1~ t Patty Neyh rt Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 14, 1992: AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY 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 9TH DAY OF JUNE, 1992, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-13, SERIES OF 1992: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A PORTION OF THE EAGLEBEND SPA (TRACT B, BLOCK 2, FILING 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 posted by order of the Town Council of the Town of Avon, Colorado. Dated this 27th day of May, 1992. TOWN OF AVON, COLORADO BY: Patty Neyha t Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 27, 1992: AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY