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TC Ord. No. 1992-21 Providing for an Amendment to the Wildwood PUDTOWN OF AVON ORDINANCE NO. 92 - 21 SERIES OF 1992 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD; ESTABLISHING A DEVELOPMENT PLAN AND IT'S CONTENT AND ESTABLISHING DETAILS RELATING THERETO WHEREAS, Mountain Star Limited Liability Co. has filed application with the Town of Avon to amend the Wildwood PUD; 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 Councii of the Town of Avon; and WHEREAS, after notices provided by law, a public - 1 - hearing was held before this Council on the 24t.h day of November 1992, at which time the applicant and the public were given an opportunity to express their opions regarding the proposed amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive 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 the Planning and Zoning Commission and the Town Councii were both extensive and complete and that ail pertinent facts, matters and issues were submitted at those hearings. 3. That the proposed amendment to the Wildwood PUD is consistent with the Comprehensive Plan of the Town of Avon. 4. That the requested amendment to the Wiidwood PUD will be in the best interest of the health, safety, welfare and morals of the citizens of the Town of Avon. -2- NOW, THEREFORE, BE IT ORDAINED BY THE TOWN 'C"OUNCIL OF THE TOWN OF AVON, COLORADO THAT: SECTION 1 - TITLE The Wildwood Planned Unit Development shall hereby be titled and known as the Mountain Star Planned Unit Development. ECTION 2 - DEVELOPMENT PLAN A. The Mountain Star PUD and the development plan therefore, is hereby approved for development within the Town of Avon, Colorado. B. The Development Plan for the Mountain Star PUD is approved and shall constitute the plan for development within the Mountain Star PUG. All road and utility plans are general guide'iines and are subject to minor revision and approval at the Final Plat Submittal. The Development, Plan is comprised of the following documents: 1. The Mountain Star Planned Unit Development and Preliminary Plan Amendment booklet prepared by Peter Jamar Associates, Inc., dated September 25, 1992 and revised November 5, 1992. Chapter Seven of this booklet contains Design Guidelines which may be amended from time to time., without review by the Town of Avon or revision to this ordinance. All proposed -3- amendments shall be submittea to the Town of Avon. Revisions which significantly alter the established design theme, site planning guidelines, and/or the architectural design guidelines contained within the Design Guidelines are subject to review and approval of the Avon Town Council. 2. Mountain Star Development Drawings Sheets 1-10, as drawn by Alpine Engineering Inc., dated September 22, 1992. 3. Mountain Star Preliminary Plat Sheets 1-7, as drawn by Alpine Engineering Inc., dated September 14 and 15, 1992. SECTION 3 - DEVELOPMENT GUIDELINES The Development Guidelines of Mountain Star PUD shall serve as the governing regulations which will control development within the Mountain Star PUD. These Development Guidelines shall serve as the Zone District Regulations required by Section 17.20.110 (I) of the Zoning Code of the Town of Avon. MOUNTAIN STAR DEVELOPMENT GUIDELINES A. Minimum Lot Area: Minimum lot area shall be as indicated upon the Mountain Star Preliminary Plat. -4- B. Site Dimensions: Site dimensions snail be as indicated upon the Mountain Star Preliminary Plat. C. Permitted Uses: 1. Not more than one single family residential dwelling unit shall be permitted per platted lots 1-88. Each single family residence may include, as an accessory unit not to be sold or purchased separately from the primary unit, one caretaker/guest residential dwelling unit, not to exceed 1800 square feet. 2. Accessory uses may include garages, swimming pools, patios, gazebos, private greenhouses, or other recreational facilities customarily incidental to single family residential uses. 3. Tracts A,B,C,E,F,G,I,J,K,L,M,N,P,R,S,T are designated as Open Space. Trails, picnic benches and decks, and other similar recreational facilities and enclosed amenities shall be permitted within these tracts. 4. Tract Q, in addition to the uses listed above shall permit the following uses: a. Caretaker Dwelling Unit b. Temporary Sales Office -5- C. Project Managers Office d. Homeowners Association Office e. Neighborhood Post Office f. Enclosed Equipment Storage D. Minimum Building Setbacks* Front - 20 feet Side - 20 feet Rear - 15 feet *The above setbacks apply to Lots 1-88, inclusive with the following exceptions due to site circumstances and topographical limitations. Lot 37 shall be permitted a rear setback of 5 feet. Lots 67, 74, and 75 shall be permitted a front setback of 5 feet. E. Building Height_ Maximum buiiding height shall not exceed 40 feet. F. Maximum Site Coverage:_ 30% G. Minimum Landscaped Area: 50% H. Maximum Density_:_ One Single Family dwelling unit per lot, plus one caretaker/guest dwelling unit per lot. I. Parking: Off-street parking shall be provided in accordance with Section 17.24, Parking and Loading of the Zoning Code of the Town of Avon. J. Signs; All signs erected with the property -6- shall conform to the Town of Avon reguiations regarding signs. K. Road Standards/Road Width__ The typical cross sections contained in pages 87,88,89,90 and 91 of the submittal booklet shall serve as a general guide for development of roads within Mountain Star. SECTION 4 - DENSITY The total density permitted with the approval of this development plan consists of 177 dwelling units. SECTION 5 - 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 substance 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. SECTION 6 - CONDITIONS OF APPROVAL FOR WILDWOOD PUD AMENDMENT A. The Final Plat shall designate sufficient -7- road right-of-way to allow the roads to be improved to current Town standards related to road width. B. The pedestrian path from Woodrush to Goldenrod and Goldenrod to Paintbrush shall be designated, constructed and maintained to allow emergency vehicle access during the non-winter months. C. All homes and buildings must contain monitored fire alarms and have fully operational fire sprinkler systems. Roof construction shall meet Class B building code requirements. D. Two public trailhead and parking areas will be designated and constructed by the developer; one in conjunction with the Wildwood Road extension and one in conjunction with Buck Creek Road construction. The trailheads will be constructed in general accordance, and with final construction document approval by the Town, with the trailhead design drawings by Dennis Anderson Associates, Inc., dated January 7, 1993 and January 12, 1993. E. The final water distribution system design must be approved by the Avon Metropolitan District. F. The Town of Avon has been working on a recreation dedication ordinance. Although the -8- ordinance is incomplete at this time, and has not been adopted, this development shall meet the intent and spirit of the ordinance. Developer shall comply with all provisions of the adopted ordinance. G. Wildwood and Buck Creek Roads are to be dedicated as public roads on the Final Plat. Buck Creek Road and the portion of Paintbrush Road located on U. S. Forest lands must be constructed by the developer in conformance with plans approved by the Town of Avon. All other roads within the PUD as shown on the Preliminary Plat are to be private roads. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 24th day of November , 1992, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 12th day of January 1993, at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Albert J. Re olds, ayor TEST: Patty Ne hart, Town Clerk -9- INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this February 23rd , 1993. day of Town of Avon Town Council TEST: Patty Neylart, town Clerk APPROVED AS TO FORM UA. Tow Attorney ( , z 4 I-Y', e ~ r, I~ZZ Albert J. ynol , Mayor -10- 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 12TH DAY OF JANUARY, 1993, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-21, SERIES OF 1992: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD; ESTABLISHING A DEVELOPMENT PLAN AND IT'S 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 25th day of November, 1992. TOWN OF AVON, COLORADO BY: P tty Ney a t Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 25, 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 26TH DAY OF JANUARY, 1993, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-21, SERIES OF 1992: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD; ESTABLISHING A DEVELOPMENT PLAN AND IT'S 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 13th day of January, 1993. TOWN OF AVON, COLORADO BY• Patty Neyh rt Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 13, 1993: 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 FEBRUARY, 1993, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-21, SERIES OF 1992: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD; ESTABLISHING A DEVELOPMENT PLAN AND IT'S 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 January, 1993. TOWN OF AVON, COLORADO BY: Patty Ney art Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 27, 1993: 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 23RD DAY OF FEBRUARY, 1993, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-21, SERIES OF 1992: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD; ESTABLISHING A DEVELOPMENT PLAN AND IT'S 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 11th day of February, 1993. TOWN OF AVON, COLORADO BY: A~' Patty Neyha t Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 11, 1993: AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ~ e>..! ~~11JJ ~ 1-'~