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TC Ord. No. 1995-07 Approving the amendment to the PUD Lot 3TOWN OF AVON ORDINANCE NO. 95 -7 SERIES OF 1995 AN ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Shapiro Development Company and Wintergreen Homes Limited Liability, contract purchasers of Lot 3, Nottingham Station have filed an application with the Town of Avon for an amendment to the Planned Unit Development Plan and Development Standards, for Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado in accordance with Section 17.20 of the Avon Municipal Code; 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 ample 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 has forwarded reports with recommendations and findings regarding the proposed amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, a public hearing was held before this Council on the 28th day of March 1995, at which time the applicant and the public were given ample opportunity to express their opinions 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 Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 3. That the proposed amended Planned Unit Development Plan and Development Standards Amendment are generally consistent with the Comprehensive Plan of the Town of Avon. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: SECTION I - TITLE The Amended Planned Unit Development shall be known as Nottingham Station PUD Amendment, No. 2, Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado. SECTION 2 - DEVELOPMENT PLAN A. Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado is hereby approved for development in accordance with the development criteria shown on Nottingham Station PUD Amendment No. 2 Zoning Plat and Panned Unit Develoment Documents dated February 13, 1995, subject to further definition and conditions contained herein. SECTION 3 - DEVELOPMENT GUIDELINES The following Development Guidelines in conjunction with the Nottingham Station PUD Amendment No. 2 Zoning Plat and Planned Unit Development Documents, dated February 13, 1995, and Conditions contained within this Ordinance shall serve as the governing regulations which will control development within Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado. These Development Guidelines shall serve as the Zone District Regulations required by Section 17.20. 110 of the Zoning Code of the Town of Avon. DEVELOIVIENT GUIDELINES A. Lot Area: Lots 3 and 4: Lot areas shall be in substantial conformance with areas indicated upon the Nottingham Station PUD Amendment No. 2 Zoning Plat dated February 13, 1995. B. Site Dimensions: Lots 3 and 4: Site dimensions shall be in substantial conformance with areas indicated upon the Nottingham Station PUD Amendment No. 2 Zoning Plat dated February 13, 1995. C. Permitted Uses: Lot 3: 69 multi- family units; Lot 4: 70 multi - family units and associated garages plus one management unit not to exceed 330 square feet. D. Minimum Building Setbacks: Lots 3 and 4: Setbacks shall be as defined in Title 17 of the Avon Municipal Code and indicated on Nottingham Station PUD Amendment No. 2 Zoning Plat dated February 13, 1995. E. Maximum Building Height: Lot 3: 48' high Lot 4: Building heights shall not exceed those heights as indicated on Nottingham Station PUD Amendment No. 2 Zoning Plat dated February 13, 1995. Further, building height is measured on the side elevations only due to slopes in excess of 20% and is calculated from existing or finished grade, whichever is greater, to the highest ridge line of the building. F. Maximum Site Coverage: Lot 3: 35% building coverage with total impervious area of 75% Lot 4: 35% building coverage and total impervious area of 80 %. G. Minimum Landscape Area: Lot 3: The minimum landscaped area shall be 25 %. Lot 4: The minimum landscaped area shall be 20% H. Maximum Density: Lot 3: 69 Multi- family Units, with total floor area not to exceed 70,200 square feet. Lot 4: 70 Multi- family Units with total floor area not to exceed 135,800 square feet, plus a management office not to exceed 330 square feet. I. Parking: Lots 3 and 4: Required parking shall be in accordance with Section 17.24.020 and further described in the Nottingham Station PUD Amendment No. 2 Zoning Plat and Planned Unit Development Documents dated February 13, 1995. SECTION 4 - FINDINGS 1. The amended PUD is consistent with the development patterns and locations set forth in the Town of Avon Comprehensive Plan. 2. The amended PUD is consistent with the Comprehensive Plan goals and objectives related to the Town's role as a principal, year round residential center in the Vail Valley. 3. The amended PUD is consistent with the Comprehensive Plan goals and objectives related to land use and proximity to the town core. 4. The amended PUD is consistent with the Comprehensive Plan goals and objectives related to an appropriate mix of residential dwelling unit types for permanent residents. 5. The amended PUD is consistent with the Comprehensive plan goals and objectives related to access to the Eagle River corridor and open space dedication along the Eagle River corridor. 6. The amended PUD is consistent with the Transportation Plan goals and objective related to providing a continuous two -lane connection along the Hurd Lane corridor. 7. The amended PUD is consistent with the Transportation Plan goals and objectives related to pedestrian and transit improvements. SECTION 5 - CONDITIONS The PUD Amendment NO. 2 supersedes the PUD approved by Ordinance No. 94- 12. Series of 1994 2. Wetlands delineation line shall be verified by the US Army Corps of Engineers and verification and any adjustments shall be submitted to the Town of Avon Department of Community Development prior to any site disturbance or permit issuance. 3. A protective and erosion control fence shall be installed prior to, and maintained throughout construction activities, along the "no disturb line" as shown on the Nottingham Station PUD Amendment No. 2 Zoning Plat and no site disturbance other than that related to public pathways shall be allowed beyond this line or within any wetland areas verified by the US Army Corps of Engineers. 4. Approval is contingent upon Avon Town Council approval and the subsequent recording of Final Subdivision Plat and accompanying Subdivision Improvements Agreement providing for the construction of public improvements noted on the Nottingham Station PUD Amendment No. 2 Development Plan and as required by Title 16 of the Avon Municipal Code. These improvements shall consist of but not be limited to; Hurd Lane, and multi -use path from Avon Road To Eaglebend Drive, soft path, sidewalk, all utilities in accordance with utility company requirements, storm drainage system, irrigation ditch relocation and other items that may be identified in the subdivision process. 5. No permits for site disturbance or construction shall be issued until all of the above conditions are in compliance. 6. Phasing of the project shall be adequately addressed for approval in the subdivision process or through the building permit process. 7. Maximum building heights for Lot 4 shall be: a) Area A 49 feet and the south side dormer 50 feet, b) Area B 47 feet and the south side dormer 49 feet c) Area C 48 feet and the south side dormer 48 feet; d) Area D 47 feet and the south side dormer 47 feet e) Area E 46 feet and the south side dormer 48 feet f) Area F 48 feet and the south side dormer 49 feet g) Area G 50 feet and the south side dormer 53 feet h) Area H 48 feet and the south side dormer 50 feet I) Area 149 feet and the south side dormer 49 feet Dormers in the roof will not effect the height calculations if the dormer area is less than 50% of the plane of the roof in which the dormer is located as long as the dormer ridge is below the main roof ridge. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 28th day of FebruarW95, and a public hearing shall be held at the 14th day of March regular meeting of the Town Council of the Town of Avon, Colorado on theA1995, at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council AlbeA--J-- Reyr+old-,, layer Celeste C. Nottingham, Mayor Pro -Tem ATTEST: Patty Neyhart, own Iderk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 28th ATTEST: Patty Neyhart, own lerk APPROVED AS TO FORM Tow Attorney day of March Town of Avon Town Council ''�AIbert J. ynol ayor -,1995. 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 28TH DAY OF MARCH, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -7, SERIES OF 1995: AN ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO 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 March, 1995. TOWN OF AVON, COLORADO BY: Patty Ne hart, CMC Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 14, 1995; 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 14TH DAY OF MARCH, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -7, SERIES OF 1995: AN ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO 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 1st day of March, 1995. BY: OF AVON, COLORADO Patty Ney a t�,ICMC Town Clerk // POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 1, 1995; AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY