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TC Ord. No. 2003-01 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 CoTOWN OF AVON ORDINANCE NO. 03-01 SERIES OF 2003 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 has applied for a second extension of time for the Lot 61 PUD expiration deadline from February 3, 2003 to February 3, 2004, 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 January 7, 2003, 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 -ja-a , 2003, at which time the public was given an opportunity to express their opinions re ing 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: IATown Clerk\Council\Ordinances\2003\Ordinance No. 03-01 L61 B2 BMBC PUD ext II.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 expiration deadline from February 3, 2003 to February 3, 2004 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 , is compatible with surrounding neighborhood and is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Lot 61 PUD Amendment is for the purpose of exploring development opportunities related to the Town Center Plan and is hereby approved with the following conditions: 1. The site-specific development plan (Ordinance 99-16) does not comply with the terms of the Town Center Plan and is thereby terminated. 2. That the development standards and conditions as set forth in-attached Exhibit "A" supersede Ordinance 99-16 entitled "An Ordinance Approving a Rezoning from Town Center (TC) to Planned Unit Development (PUD) and Approving the PUD Development Plan and Development Standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado." 3. This approval is limited to the development standards and conditions set forth in attached Exhibit "A". 4. A revised site-specific development plan must be submitted which complies with the requirements of Section 17.20. 100 of the Municipal Code and incorporates the terms and conditions of the Town Center Plan no later than August 3, 2003. 5. A revised site-specific development plan must be developed and approved which complies with the requirements of Section 17.20. 100 of the Municipal Code and incorporates the terms and conditions of the Town Center Plan no later than February 3, 2004. Failure to develop and obtain approval of said site-specific development plan by that date shall automatically terminate these development standards and conditions. Upon termination, the development rights, standards and conditions set forth in Exhibit IATown Clerk\Council\Ordinances\2003\OrdinanceNo. 03-01 L61 B2 BM3C PUD ext 11doc "A" and incorporated herein shall expire and revert to the development rights, standards and conditions as set forth in the TC (Town Center) Zone District per Title 17 of the Avon Municipal Code. 6. Upon approval of a site specific development plan which incorporates the terms and conditions of the Town Center Plan and in conformance with development standards and conditions set forth in attached Exhibit "A", initial construction of the PUD must commence within three (3) years from the date of approval of the site specific development plan. 7. Except as otherwise modified by this 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. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this ILf day of Ln 2003, and a public hearing shall be held at the regular meeting of the Town Council of of Avon, Colorado, on the .9913= day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council ATTEST: Ri~` c To Cl rk Mayor F, Y ; 1 c'D~~~ adiik~e~ I:\Town Clerk\Council\Ordinances\2003\OrdinanceNo. 03-01 L61 B2 BMBC PUD ext 11.doc Ordinance 03-01 Exhibit "A" Lot 61 PUD Development Standards Page 1 of 2 Maximum building height: Midway between the high point of Avon Center (El. 7551.9') and the high point of the Seasons (El. 7531.3'). Not to exceed an elevation of 7541.6'. Allowed Uses: Retail uses Restaurants, excluding drive-thru windows Cocktail lounges Personal service shops Indoor recreation and/or entertainment facilities Theaters Above the mall level: Professional offices Hotels Apartments Condominiums Medical facilities Special Review Uses: Public transportation facilities Public parking facilities Conference/convention facilities Timeshare/interval ownership/fraction fee ownership Churches Hospital Any permitted use above the mall level seeking location on the mall level Maximum Density: Commercial space must satisfy the Town Center Plan requirements and be consistent with Town Center Zoning set forth in Section 17. 20.020 Eighty-nine (89) dwelling units or 200 accommodation units or a maximum of 155,000 gross residential square feet IATown Clerk\Council\Ordinances\2003\Exhibit for Ordinance No. 03-01.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 28TH DAY OF JANUARY 2003, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCES: Ordinance No. 03-01, Series of 2003, 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 Ordinance No. 03-02, Series of 2003, An Ordinance Repealing and Reenacting Section 16.12.040 of Title 16 of the Avon Municipal Code (Subdivision Review Fees) A copy of said Ordinances are attached hereto, and are 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 24th day of January 2003 TOWN OF AVON, COLORADO BY: c Patty McKenn Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 13, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Memo To Honorable Mayor and Town Council Thru Lary Brooks, Town Manager Ruth Borne, Director of Community Development , Dee January 23, 2003 Re: Second Reading of Ordinance 03-01, An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision PUBLIC HEARING Summary The applicant, IDG3 LLC, has submitted a PUD amendment for the purpose of extending the expiration deadline for one year. In July, Council granted a 6-month extension (Ordinance 02-17) of the Lot 61 PUD to allow e the currently approved PUD~u That related to the Town Center Plan without lapsing t expiration date is February 3, 2003. In the interest of continuing cooperation between the Town and the applicant, Planning & Zoning Commission recommended approval of the extension for one-year in Resolution 03- 01. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific development plan does not comply with the terms and conditions of the Town Center Plan. Specifically, the necessary road alignments, setbacks, eonc~ems with the s~ specific contradict the Town Center Plan. development plan, staff recommended only a 6-month extension to the Commission. Consistent with the Planning and Zoning Commission recommendation, staff recommends the one-year extension rop Vjded that the approval is limited to preserving the development rights (densities) of the Lot 61 PUD as defined in Ordinance 03-01 and timelines for submitting a revised plan that complies with Town Center Plan. On January 14, 2003, Town Council approved this Ordinance on first reading as proposed. Recommendations Staff recommends approval of Ordinance 03-01 on second reading. Page 1 of 2 Memo to Town Council, January 23, 2003 ordinance 03.01, Lot 61, Block 2, Bencim v k at Beaver Creek PUD Amendment (PUBLIC HELPING) Alternatives 1: Approve on Second Reading 2. Table the application Proposed Motion "I move to approve on second reading Ordinance 03-01, approving an Amendment to the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Attachments: A. Ordinance 03-01 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 03-01 Memo to Town Counc H. January 29, 2003 Page 2 of 2 Ordinance 03-01, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment (PUBLIC HEARING) Memo Ta Honorable Mayor and Town Council Thru Lary Brooks, Town Manager Fran Ruth Borne, Director of Community Development Date January 9, 2003 Re: First Reading of Ordinance 03-01, An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Summary The applicant, IDG3 LLC, has submitted a PUD amendment for the purpose of extending the expiration deadline for one year. In July, Council granted a 6-month extension (Ordinance 02-17) of the Lot 61 PUD to allow the applicant to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD. That expiration date is February 3, 2003. In the interest of continuing cooperation between the Town and the applicant, Planning & Zoning Commission recommended approval of the extension for one-year in Resolution 03- 01. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific development plan does not comply with the terms and conditions of the Town Center Plan. Specifically, the necessary road alignments, setbacks, access, and site constraints contradict the Town Center Plan. Because of these concerns with the site-specific development plan, staff recommended only a 6-month extension to the Commission. Consistent-with the Planning and Zoning Commission recommendation, staff recommends the one-year extension provided that the approval is limited to preserving the development rights (densities) of the Lot 61 PUD as defined in Ordinance 03-01 and timelines for submitting a revised plan that complies with Town Center Plan. Recommendations Staff recommends approval of Ordinance 03-01 on first reading. Alternatives 1. Approve on First Reading 2. Table the application Memo to Town Council, January 10, 2003 Page 1 of 2 Ordinance 03-01, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment Proposed Motion "I move to approve on first reading Ordinance 03-01, approving an Amendment to the Lot 61 PUD fot Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon; Eagle County, Colorado. Town Man ger Com ✓erlts ~c 4chtnents: A. Ordinance 03-01 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 03-01 Memo to Town Coundl, January 10, 2003 Page 2 of 2 Ordinance 03-01, Lot 61, Block 2, Benkumark at Beaver,Creek PUD Amendment TOWN OF AVON ORDINANCE NO. 03-01 SERIES OF 2003 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 has applied for a second extension of time for the Lot 61 PUD expiration deadline from February 3, 2003 to February 3, 2004, 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 January 7, 2003, 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 , 2003, 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: C:IWINDOWS1TemporaryInternet Files10LK81 P\Ord 03-01 L61 B2 BMBC PUD m Mdoc 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 expiration deadline from February 3, 2003 to February 3, 2004 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, is compatible with surrounding neighborhood and is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Lot 61 PUD Amendment is for the purpose of exploring development opportunities related to the Town Center Plan and is hereby approved with the following conditions: 1. The site-specific development plan (Ordinance 99-16) does not comply with the terms of the Town Center Plan and is thereby terminated. 2. That the development standards and conditions as set forth in attached Exhibit "A" supersede Ordinance 99-16 entitled "An Ordinance Approving a Rezoning from Town Center (TC) to Planned Unit Development (PUD) and Approving the PUD Development Plan and Development Standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado." 3. This approval is limited to the development standards and conditions set forth in attached Exhibit "A". 4. A revised site-specific development plan must be submitted which complies with the requirements of Section 17.20. 100 of the Municipal Code and incorporates the terms and conditions of the Town Center Plan no later than August 3, 2004. 5. A revised site-specific development plan must be developed and approved which complies with the requirements of Section 17.20. 100 of the Municipal Code and incorporates the terms and conditions of the Town Center Plan no later than February 3, 2004. Failure to develop and obtain approval of said site-specific development plan by that date shall automatically terminate these development standards and conditions. Upon termination, the development rights, standards and conditions set forth in Exhibit CAWINDOWS\TaWrwy Iniemet Fi1es\0LK8I94\Ord 03-01 L61 B2 BU BC PUD W H.doc "A" and incorporated herein shall expire and revert to the development rights, standards and conditions as set forth in the TC (Town Center) Zone District per Title 17 of the Avon Municipal Code. 6. Upon approval of a site specific development plan which incorporates the terms and conditions of the Town Center Plan and in conformance with development standards and conditions set forth in attached Exhibit "A", initial construction of the PUD must commence within three (3) years from the date of approval of the site specific development plan. 7. Except as otherwise modified by this 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. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2003, 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, 2003, 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 C:\WINDOWS\Temporary Internet FiWOLK8184\0rd 03-01 L61 B2 BMW PM ad II.doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney C:\wmwws\Tempomy Intemet Fi1es\0LK8I94\Ord 03-01 L61 B2 BMBC PUD wd II.doc Ordinance 03-01 Exhibit "A" Lot 61 PUD Development Standards Page 1 of 2 Maximum building height: 80'0" Allowed Uses: Retail uses Restaurants, excluding drive-thru windows Cocktail lounges Personal service shops Indoor recreation and/or entertainment facilities Theaters Above_ the mall level: Professional offices Hotels Apartments Condominiums Medical facilities Special Review Uses: Public transportation facilities Public parking facilities Conference/convention facilities Timeshare/interval ownership/fraction fee ownership Churches Hospital Any permitted use above the mall level seeking location on the mall level -Maximum Density: Commercial space must satisfy the Town Center Plan requirements and be consistent with Town Center Zoning set forth in Section 17. 20.020 Eighty-nine (89) dwelling units or 200 accommodation units or a maximum of 155,000 gross residential square feet Parking requirements per Town Center regulations CAWINDOWSWempomry Internet Files\OLK9I941Exhibitdoc Ordinance 03-01 Exhibit "A" Lot 61 PUD Development Standards Page 2 of 2 Master Deed Restriction Agreement must be executed between the Town of Avon and the owners of Lot 61 to provide employee-housing units equal to 10% of the dwelling units The Owners will be responsible for the following: Acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Augmentation Plan Capital and operating cost of additional transit services Capital and operating costs, for additional police and fire protection C:\WMMWS\Temporary Internet Files\OLK8184\Exhibitdoc i Staff Report v PUD Amendment, OWN January 7, 2003 Planning & Zoning Commission meeting Report date January 2, 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,lDG3 yLLC, has submitted a second PUD amendment for the purpose of extending the expiration deadline for another year. The applicant continues to seek more time to explore, the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on February 3, 2003. During the first extension request, staff did.not meet with the applicant and make any progress on revising the plans. 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 first PUD extension request for six months was approved by Town Council (Ordinance 02-17) on July 18, 2002 and will expire on February 3, 2003. , PUD Design Criteria According to the Town of Avon Zoning Code. Section .1720.110, 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 Centel 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 Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, 1 j 1 PUD January 7, 2003 Planning &-Zoning Commission meeting Page 2 of 3 PUD for 6 months will allow the applicant to explore potential design development opportunities in the context of this plan. 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 another 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 another 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 another 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. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision,. 61 PUD January 1, 2003 Planning & Zoning Commission meeting Page 3 of 3 The adequacy of public services is not an issue. The applicant is seeking an extension of the PUD approval for one year. Staff is recommending only a 6-month extension. 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 another 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 limited to another six-month extension of the PUD expiration from February 3, 2003 to July 3, 2003. This approval should contain language limiting any additional extensions and cautioning the applicant to work with staff to accomplish compliance with the Town Center Plan. Recommended Motion Approve Resolution 03-01, recommending to the Town Council to approval of the Lot 61 PUD Amendment, Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado for an additional six (6) months with the following conditions: 1. The applicant incorporate the terms and conditions of the Town Center Plan with the Lot-61 PUD development plan. 2. No other extensions of the Lot 61 PUD will be considered 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 submitted; orne,~ector Kuz Community Development Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 TOWN OF-AVON PLANNING ZONING - C OM11VIISSION RESOLUTI®1oTr NO.03-01 SERIES OF 2003 A RESOLUTION RECOMMENDING TO THE TOWN- COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE PUD'FOR LOT 61'2 BLOCK 29 BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Applicant, IDG3 LLC has applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from February 3, 2003 to February 3, 2004, for ,the purpose of exploring development opportunities related to the recently adopted Town Center Plan; and W BEREAS, 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 approval to the Town Council of the Town of Avon-for the Lot 61 PUD Amendment to extend the expiration deadline from February 3, 2003 to February 3; 2004 with the following conditions: 1. The Applicant must incorporate the terms and conditions of the Town Center Plan with the Lot 61 development plan; 2. No further extensions of the Lot 61 PUD will be considered; 3. 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 7th DAY OF JANUARY, 2003 Signed.• Date: 1 Q3 Chris Evans, Chairman Attest: Date: 07,k o3 Michael McClinton, Secretary