PZC Res. No. 2005-13TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-13
A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT
APPLICATION AMENDING THE CHATEAU ST. CLAIRE PUD, LOTS 1 & 2, FINAL
PLAT OF CHATEAU ST. CLAIRE SUBDIVISION, AS MORE SPECIFICALLY
DESCRIBED IN THE APPLICATION DATED OCTOBER 11, 2005.
WHEREAS, CSC Land, LLC has filed an application to amend the existing Planned Unit
Development ( "PUD ") and Development Agreement for the Chateau St. Claire PUD; and
WHEREAS, the proper posting, publication and public notices for the hearings before the
Planning and Zoning Commission of the Town of Avon were provided as required by
law; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on November 1, 2005 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 PUD and Development Agreement; and
WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded
its recommendation for approval on the PUD amendment application to the Town Council
of the Town of Avon through Resolution 05 -13;
WHEREAS, said application appears to comply with the following PUD review criteria set
forth in Section 17.12.110 of the Avon Municipal Code, including the following:
a. Conformance with the Town of Avon Comprehensive Plan's Goals and
Objectives has been met as required by 17.20.110H (1).
b. The overall design concept of this PUD Amendment conforms to the design
theme of the Town, and Design Guidelines as required by 17.20.110H(2)
FAI'lanning & Zoning Commission\Resolutions\2005\Res 05 -13 Chateau St. Claire amendment.doc
c. The project is compatible with the immediate scale and character of existing
properties in the vicinity. 17.20.110H(3)
d. This PUD Amendment application is responsive and compatible to the existing
surrounding land -uses. 17.20.110H (4)
e. This PUD Amendment application has created functional open space that is
responsive to existing views and buffers to open space. 17.20.110H(8)
HEREAS, this PUD Amendment provides evidence of compliance with the public
Wpurpose provisions outlined in Section 17.28.085 of the Municipal Code,
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends approval to the Town Council for the amendment of the Chateau St.
Claire PUD, Lots 1 & 2, Final Plat of the Chateau St. Claire Subdivision, application dated
October 11, 2005 with the following conditions:
1. The proposed schedule address the submittal of the following milestones:
a. CDOT approved access permit, including any required easements
Deadline of March 30, 2006.
b. Verification of structural steel order (deposit and shop drawings) Deadline
of March 30, 2006.
C. Submittal of final design application (revised on -site mock up and
remaining design review approval conditions) Deadline of April 30, 2006.
2. The Employee Housing Impact Fee collected is fully dedicated to the Town
irrespective of the project outcome, however, should the applicant seek an increase in
density or future amendment to the PUD allowed uses, a new Impact Fee may be
assessed.
3. The development agreement language is amended to the satisfaction of the Town
Attorney.
FAI'lanning & Zoning Commission\Resolutions\2005\Res 05 -13 Chateau St. Claire amendment.doc
4. A performance and payment bond for project completion must be in place and
complete financial backing must be demonstrated to the Town no later than
December 13, 2005 or this recommended action will expire.
5. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS I st DAY OF NOVEMBER, 2005
Signed:
Date: l O l i /Os-
Chris Evans, Chair
Attest*
l Date:
Phil Struve, Secretary
FAI'lanning & Zoning Commission\Resolutions\2005\Res 05 -13 Chateau St. Claire amendment.doc