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TC Ord. No. 2002-17 Approving an amendment of the lot 61 planned unit development PUD for lot 61 block 2 benchmark at beaver creek subdivisionC C~ TOWN OF AVON ORDINANCE NO. 02-17 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. a WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot N o m -GO 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the M N ° I ~ 01M purpose of exploring development opportunities related to the recently adopted Town Center 000.00 m Plan; and N ~0: WHEREAS, the proper posting, publication and public notices for the hearings before 0 the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public ~o hearing on July 2, 2002, at which time the applicant and the public were given an opportunity to m express their opinions and present certain information and reports regarding the proposed PUD W L amendment; and a) ~LL WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the `n Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the a3r~ day of 2002, at which time the public was given an opportunity to express their opim regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: FACounci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc E • 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan, is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan is hereby approved with two conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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. 8 Page: 2 030z4 07/31/2002 11:44A Sara J Fisher Eagle, CO 289 R 20. 00 D 0. 00 FACouncil\0rdinances\2002\0rd 02-17 L61 132 BMBC PUD amend.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 9~44' day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council o the Town of Avon, Colorado, on the 2&day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. v Town of Avon, Colorado Town Council ft 4 OF Aj,,©A Ma r ATTEST: gJ Tow Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the air day of _ JP4 , 2002. Town of Avon, Colorado a Town Council a N om~ M Go M ~o W M Ma r o~0am m ATTEST: % OF qy m 0 ..N........ m ~t l 1c Ic` _ S F L P i{j s - ' = N T n erk ~OL00NIP Y - U N APPROVED AS TO FORM: - N to 4L To Attorney FACounci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc 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 5:30 P.M. ON THE 23RD DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-17, SERIES OF 2002: Ordinance No. 02 -17, Series of 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision 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 19th day of July, 9Q2. OF . S I] A TOWN OF AVON, COLORADO BY: ;;Z-." n' Patty Perk nny Town P OSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 19, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Page: 4 of 07/31/2002 0'', I IVIII IIIII II~I~ INI NII I~III IINn III INII IIII IIII, 8 0 • 1 c ~ Memo TO. Honorable Mayor and Town Council Thru: Bill Efting, Town Managero!?-' From: Ruth Borne, Director of Community Development ; Dalle July 18, 2002 Re: Second Reading of Ordinance 02-17, An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (Public Hearing) Summary The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. The Planning and Zoning Commission recommended approval of this PUD Amendment on July 3, 2001 with two conditions as attached on Resolution 02-09. Town Council approved this ordinance on first reading on July 9, 2002. Recommendation Staff recommends that the Town Council pass Ordinance 02-17, amending the Lot 61 PUD to extend the expiration deadline from August 3, 2002 to February 3, 2003. Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 02-17, approving an amendment to the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments Memo to Town Council, July 18, 2002 Page 1 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment (Pubic Hearing) Attachments: A. Ordinance 02-17 B.. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-09 Memo to Town Council, July 18, 2002 Page 2 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment (Pubic Hearing) TOWN OF AVON ORDINANCE NO. 02-17 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on July 2, 2002, 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 amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: -Guns} nanees ~2C~rECOTI=T--~ amen c 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan, is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan is hereby approved with two conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUP from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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. F:\LouacihOrdiR -tfit6-i-B2-BMBC-PUDr-amen oc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of 2002, and a public hearing shall be held at the Cl/ regular meeting of the Town Council o the Town of Avon, Colorado, on the 2&day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Ma ATTEST: O o INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F•\Counci1\0rdinances\2002\0rd 02-17 L.61 B2 BMBC PUD amend.doc 0 Staff Report PUD Amendment C O L O R A D O July 2, 2002 Planning & Zoning Commission meeting Report date June 27, 2002 . Project type . PUD Amendment (Deadline Extension Request) Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning PUD Address 75 Benchmark Boulevard Introduction The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002.. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed amendment conforms to the Town Comprehensive Plan, and is being requested in order to explore further possibilities for conformance with the newly adopted Town Center Plan. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations outlined in the Town Center Plan. An extension of the PUD for 6 months will allow the applicant to explore potential design development opportunities in the context of this plan. Town of Avon Community Development (970) 748-4030 ~x (97949--5 49 Lot 61, Block 2, BUBC SubdiAh, Lot 61 PUD • July 2, 2002 Planning & Zoning Commission meeting . Page 2 of 3 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations prior to submitting for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The PUD Amendment proposed will not vary the density, uses, or activities approved on the site through Ordinance 99-16. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more efficient and workable relationship of the property and surrounding properties as recommended in the Town Center Plan. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The proposed PUD amendment will not affect natural or geologic hazards. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional development of the property as recommended in the Town Center Plan. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 8. Functional and aesthetic landscaping and open space in order to.optimize and preserve natural features, recreation, views and function. Landscaping and open space are not altered by this proposed amendment. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be. workable, functional and efficient without relying upon completion of future project phases. The phasing plan is not being altered by this proposed amendment. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The adequacy of public services is not an issue. The applicant is seeking an extension of the PUD approval for 6 months. Town-d-Avon-Commune k ve opmenf (970rtd-&AM -(970 949-5-7U Lot 61, Block 2,. BMBC SubdilOn, Lot 61 PUD July 2, 2002 Planning & Zoning Commission meeting Page 3 of 3 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 12. Development Standards Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are not being altered by this proposed amendment. Staff Comments & Recommendation Staff recommends approval of this PUD Amendment to allow a six-month extension of the PUD expiration from August 3, 2002 to February 3, 2003. This extension is specifically being requested by the owner of the property in order to further explore the development opportunities related to the recommendations of the adopted Town Center Plan. Recommended Motion Approve Resolution 02-09, recommending to the Town Council to approve the Lot 61 PUD Amendment, Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with. the following conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully sbmitted, Tambi Katieb vela _ent (970)- 748-403_ - Tay(970Y949=fr749- nw o1LAvon~ammII~]rty"Qe p TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-09 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE PUD FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted. Town Center Plan; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD amendment for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions:. 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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 2nd DAY OF JULY, 2002 Signed: Date: nj. , ~ S. a - L~: Chris Evans, Chairman Attest: Date: 0 L~.~►-sZ Michael McClinton, Secretary Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date July 3, 2002 Re: First Reading of Ordinance 02-17, An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Summary The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. The Planning and Zoning Commission recommended approval of this PUD Amendment on July 3, 2001 with two conditions as attached on Resolution 02-09. Recommendation Staff recommends that the Town Council pass Ordinance 02-17, amending the Lot 61 PUD to extend the expiration deadline from August 3, 2002 to February 3, 2003. Alternatives 1. Approve on First Reading 2. Deny on First Reading Proposed Motion "I move to approve on first reading Ordinance 02-17, approving an amendment to the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments LOHCcar/- b, c,`vcnl t Memo to Town Council, July 3, 2002 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment Page 1 of 2 Attachments: A. Ordinance 02-17 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-09 Memo to Town Council, July 3, 2002 Page 2 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment TOWN OF AVON ORDINANCE NO. 02-17 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on July 2, 2002, 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 amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: FACounci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan, is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan is hereby approved with two conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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. FACounci1\0rdinances\2002\0rd 02-17 1-61 B2 BMBC PUD amend.doc F INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney FACounci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc Staff Report PUD Amendment VO'N- C July 2, 2002 Planning & Zoning Commission meeting Report date June 27, 2002 Project type PUD Amendment (Deadline Extension Request) Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning PUD Address 75 Benchmark Boulevard Introduction The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed amendment conforms to the Town Comprehensive Plan, and is being requested in order to explore further possibilities for conformance with the newly adopted Town Center Plan. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations outlined in the Town Center Plan. An extension of the PUD for 6 months will allow the applicant to explore potential design development opportunities in the context of this plan. Town of Avon Community Development (970) 748-4030 Fax (970)-949=5749 Lot 61, Block 2, BUBC Subdivion, Lot 61 PUD • July 2, 2002 Planning & Zoning Commission meeting Page 2 of 3 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations prior to submitting for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The PUD Amendment proposed will not vary the density, uses, or activities approved on the site through Ordinance 99-16. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more efficient and workable relationship of the property and surrounding properties as recommended in the Town Center Plan. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The proposed PUD amendment will not affect natural or geologic hazards. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional development of the property as recommended in the Town Center Plan. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 8. Functional and aesthetic landscaping and open space in order to.optimize and preserve natural features, recreation, views and function. Landscaping and open space are not altered by this proposed amendment. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly. demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The phasing plan is not being altered by this proposed amendment. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The adequacy of public services is not an issue. The applicant is seeking an extension of the PUD approval for 6 months. Town-of-Avon-Community-Development ___(970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2,. BMBC SubdivOn, Lot 61 PUD 3 of 3 July 2, 2002 Planning & Zoning Commission meeting Page 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 12. Development Standards Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are not being altered by this proposed amendment. Staff Comments & Recommendation Staff recommends approval of this PUD Amendment to allow a six-month extension of the PUD expiration from August 3, 2002 to February 3, 2003. This extension is specifically being requested by the owner of the property in order to further explore the development opportunities related to the recommendations of the adopted Town Center Plan. Recommended Motion Approve Resolution 02-09, recommending to the Town Council to approve the Lot 61 PUD Amendment, Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectful] submitted, Tambi Katieb Town-of Avon_Community_De%elopment _(970 748-4030 i-ax (utu) v4v-owa • TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-09 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE PUD FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD amendment for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. 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. 0 0 ADOPTED THIS 2nd DAY OF JULY, 2002 Signed: Date: Z C~ Z Chris Evans, Chairman Attest: 1U N %IDate: (3-L Michael McClinton, Secretary