TC Res. No. 1996-24RESOLUTION 96-24
A RESOLUTION ADOPTING ON SECOND READING
ORDINANCE NO. 96-9 AND ESTABLISHING
ADDITIONAL:, CONDITIONS THERETO.
WHEREAS, Ordinance No. 95-7, finally passed and adopted
on March 28, 1995, approved an amended planned unit development
plan and development: standards for Lot 4, Nottingham Station,
Town of Avon, Eagle County, State of Colorado; and
WHEREAS, it was an express condition of Ordinance No.
95-7 that development of the property, including site dimensions
and minimum building setbacks be as indicated by building
envelopes shown on Nottingham Station PUD Amendment No. 2 Zoning
Plat dated February 13, 1995; and
WHEREAS, Buildings B, C and D have now been built so as
to extend beyond the aforesaid building envelopes and to encroach
toward the Eagle River; and
WHEREAS, the aforesaid nonconformance and encroachment
is hereby determined by the Town Council to be a breach of a
material condition to Ordinance No. 95-7-and thereby to
invalidate the approvals contained in said Ordinance; and
WHEREAS, it is further hereby determined by the Town
Council that the development of Lot 4, Nottingham Station, will
have an impact upon recreational facilities of the Town; and
WHEREAS, the Town Council has weighed the cost of
moving_ Buildings B, C and D against the impact of leaving them in
their present location and hereby determines that the cost of
moving Buildings B and C outweighs the impact of leaving them in
their present locations;
NOW THEREFORE BE IT RESOLVED by the Town Council of the
Town of Avon, Colorado, that Ordinance No., 96-9 is adopted on
second reading on the following additional conditions:
1. Building D shall be modified so as not to extend
beyond the building envelope shown on the Nottingham Station PUD
Amendment No. 2 Zoning Plat, subject to design review approval.
2. Buildings B and C shall be modified so-as not to
extend beyond the building envelopes shown on the Nottingham
Station PUD Amendment No. 2 Zoning Plat or an impact fee shall be
paid to the Town prior to,resumption of construction. The amount
of such fee shall be $111,200. calculated as follows:
a. $101,200,, as a recreational impact fee, to mitigate
the impact of the development of Lot 4, Nottingham Station, on
recreational facilities of the Town.
b. $10,000 to compensate the Town for staff time
expended by the consideration of the issues raised by the
nonconformance and 'encroachment of Buildings B, C and D.
3. Payment. of survey and engineering costs incurred by
the Town, in the approximate amount of $6,600, and implementation
of the recommendations contained in the letter report of Johnson,
Kunkel & Associates, Inc. dated June 7, 1996, to the satisfaction
of the Town Engineer.
PASSED AND ADOPTED the 11th day of June, 1996.
61Y s
Albert yn6ldiff, Mayor
A ST:
~stty- CMC, Town Clerk
Patty La ert,