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TC Ord. No. 2003-07 Approving a PUD amendment to the Chapel Square PUD for Lots 22,22A Tracts A,B1 & B2 Block 2 Nechmark at Beaver Creek Subdivision TOA Eagle County CoTOWN OF AVON ORDINANCE NO. 03-07 SERIES OF 2003 AN ORDINANCE APPROVING A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 22, 22A, TRACTS A. B1 & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, EXWMT LLC has applied for a PUD Amendment for the purpose of creating fagade improvements to accommodate three (3) tenants and an additional 12,000 square feet of commercial square feet on the existing Wal-Mart building known as: Tract B1, Block 2, Benchmark at Beaver Creek Subdivision; 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 April 15, 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 j .3t day of Yvl~ , 2003, at which time the public was given an opportunity to express their opinio egarding 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: 111111111111 Jill I I $3x4@97 111111111111111111111111111111 Page: 1 of 4 05/21/2003 01:34P Teak J Simonton Eagle, CO 289 R 21.00 0 0.00 L\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-07 PUD Amend Chapel square.doc ztl:j~ 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 is compatible with ensuring financial vitality in East Avon and is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The PUD Amendment for Lot 22, 22A, Tract A, B1, & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado is approved with the following conditions: 1. A building permit must be issued for the fagade improvements and additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier. 2. A Temporary Certificate of Occupancy must be issued for the additional square footage and fagade improvements within the ninety (90) days from the date of issuance of the building permit and a Certificate of Occupancy must issued for the additional square footage and fagade improvements within the one-hundred and a v twenty (120) days from the date of issuance of the building permit. ramp omm N N 3. In the event a building permit is not issued for the fagade improvements and o additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates co amm _ m the premises or the Wal-Mart located at the Village at Avon opens for business to the ® N public, whichever occurs earlier, then this Chapel Square PUD Amendment shall ® i lapse and be void. m, m ® N ® 4. Except as otherwise modified by this permit approval, all material representations ®ol 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. ®W 0 o INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED E POSTED, this day of 0, PP_l L , 2003, and a public hearing shall be held at the Y regular meeting of the Town Council of the Town of Avon, Colorado, on the i3'~'day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. L\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-07 PUD Amend Chapel square.doc ATTEST: eA,~f 3 (V~c To Jerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the 13~ day of 2003. it OF A0 S E A L Town of Avon, Colorado Town Council Mayor ®d p©~ ATTEST: Town rk 834097 Page: 3 of 4 05/21/2003 01:34P Teak J Simonton Eagle, Co 289 R 21.00 D 0.00 I:\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-07 PUD Amend Chapel square.doc Town of Avon, Colorado Tnwn C niinril STATE OF COLORADO ) COUNTY OF EAGLE) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ADOPTED ON THE 13TH DAY OF MAY 2003 THE FOLLOWING ORDINANCES: Ordinance No. 03-07, Series of 2003, An Ordinance approving a PUD Amendment to the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 8: B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado 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. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: '0-e IN - 4 Pa "Mc enny To rk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON May 15, 2003 AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 834097 ge: 4 of 4 I Pa 05/21/2003 J Simonton Eagle, CO 299 R~ 21-00 D 0000 1:34P 4, Memo To: Honorable Mayor and Town Council Thru Larry Brooks, Town Manager From: Ruth Borne, Director of Community Development r-~ Date May 7, 2003 Re: Second Reading of Ordinance 03-07, An Ordinance Amending the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2, Benchmark at Beaver Creek Subdivision Public Hearing Summary The applicant, EXWMT LLC, a subsidiary of the Traer Creek LLC and the developers for the Village at Avon, have submitted a PUD amendment for the purpose of creating fagade improvements for three (3) new tenants and expanding the existing Wal-Mart store (Tract 61) by 12,000 square feet. The additional square footage request arises as a result of discrepancies that exist between the existing Chapel Square PUD and other related documents. The additional square footage and adequate parking was contemplated in the original approval for Chapel Square PUD. In addition, the Annexation and Development Agreement for the Village at Avon and the amendments thereto require Traer Creek LLC to compensate the Town for the lost revenue when the new Wal-Mart superstore is opened at the Village at Avon. Currently, Traer Creek LLC is negotiating with three (3) potential tenants. The additional square footage and fagade improvements are important to maintaining economic vitality in East Avon and allowing the creation of commercial space receptive to national anchor stores. On April 15, 2003, Planning & Zoning unanimously approved Resolution 03-10 recommending approval of the PUD Amendment. There was some concern expressed by the Commission as well as the applicant regarding the 90-day time requirement to obtain a certificate of occupancy on the improvements. Staff has clarified the condition by modifying it as follows: Planning & Zoning Resolution 03-10 condition #2 stated: "A Certificate of Occupancy must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit." Proposed condition #2 for Ordinance 03-07: A Temporary Certificate of Occupancy must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit and a Memo to Town Council, May 7, 2003 Ordinance 03-07, Chapel Square PUD Amendment Page 1 of 2 Certificate of Occupancy must issued for the additional square footage and fagade improvements within the one-hundred and twenty (120) days from the date of issuance of the building permit. Recommendations On - first - reading, Council unanimously approved Ordinance 03-07.' Staff recommends approval..of Ordinance 03-07 on second reading with the conditions as proposed. Alternatives 1. Approve on Second Reading 2. " Modify the terms of the Ordinance. for.approval 3. Deny Proposed Motion °I' move to approve,on..second reading Ordinance 03-07, approving an Amendment to the Chapel S,quare.PUD for Lots 22, 22A, Tracts A,'B1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments 0,11 Attachments: 4 -A. "Ordinance 03-07- ' B. Planning and Zoning Commission. Staff Report C. Planning and Zoning Commission Resolution 03-10 Memo to Town Council, May 7, 2003 Page 2 of 2 Ordinance 03-07, Chapel Square PUD Amendment TOWN OF AVON ORDINANCE NO. 03-07 SERIES OF 2003 AN ORDINANCE APPROVING A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 229 22A, TRACTS A, BI & B29 BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, EXWMT LLC has applied for a PUD Amendment for the purpose of creating fagade improvements to accommodate three (3) tenants and an additional 12,000 square feet of commercial square feet on the existing Wal-Mart building known as: Tract B1, Block 2, Benchmark at Beaver Creek Subdivision; 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 April 15, 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, afier 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: FXouncil\0rdmances\2003\0rd 03-07 PUD Amend Chapel square.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 is compatible with ensuring financial vitality in East Avon and is consistent with the public interest. NOW THEREFORE; BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The PUD Amendment for Lot 22,22A, Tract A, B1,.& B2, Block, 2, Benchmark at`Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado is approved with the following conditions: 1. A building permit must be issued for the facade improvements and additional 11000 square feet within thirty (30) days from the'date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier. 2. A Temporary Certificate of Occupancy must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit and a Certificate of Occupancy must issued for the additional square footage and facade improvements Within the one-hundred and twenty (120) days from the date of issuance of the building permit. 3. In the event a building permit is not issued for the facade improvements and additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier, then this Chapel Square PUD Amendment shall lapse and be void. 4. 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. 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. FACouncil\0rdmances\2003\0rd 03-07 PUD Amend Chapel square.doc Town of Avon. Colorado ATTEST: r rqc Tolerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon. Colorado Town Council Mayor ATTEST: Town Clerk I:\Town Clerk\Council\Otdinances\2003\Otdinance No. 03-07 PUD Amend Chapel square.doc Tnwn Cnuncil Staff Report_ PUD C O L OR A D O April 15, 2003 Planning & Zoning Commission meeting Report date Project type Legal description Current zoning Address Introduction April -10, 2003 PUP Amendment Lots 222 22A, Tract A, B I & B2, Block 2, BMBC Chapel Square .PUD PUD 220 & 240 Chapel Square Place Traer Creek LLC, developers for the Village at Avon, are proposing a PUD Amendment to increase the existing Wal-Mart by an additional 12,000 square feet and creating three (3) new entrances on the fagade to accommodate new tenants. The additional square footage arises as a result of discrepancies that exist between -the existing Chapel Square PUD, parking agreements with the Town of Avon, and private lease agreements for the Wal-Mart retail space with the appurtenant parking spaces. The existing Chapel Square PUD reflects the .addition of 9,390 square feet on-ihe west end of the existing Wal-Mart, which is incorporated as an attachment to Ordinance 02-10. Other documents reflect 12,000 square feet of commercial space being added to-the Wal-Mart. In addition, the Annexation and Development Agreement for the Village at Avon and the amendments thereto require Traer Creek LLC to compensate the Town for the lost revenue when the new Wal-Man superstore is opened at the Village at Avon. Currently, Traer Creek LLC is negotiating with three (3) potential tenants. The additional square"footage and fagade improvements are imperative to maintaining economic vitality in East Avon and allowing the creation of commercial space receptive to national anchor stores. PUD Design Criteria According to the Town of Avon Zonine 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. Conformance witb the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.3 Flexible zoning such as PUD developments is encouraged, specifically wben it results in more effective use of land and provides a benefit to the community and is compatible witb surrounding development. Town of Avon Community Development (970) 746-4030 FeX 1570) 949-5740 Lots 22, 22A, Tract A, B I & B2, Block 2, BNIBC Subdivision, Chapel Square PiJD Amendment April 15, 2003 Planning & Zoning Commission meeting Page 2 of 4 This PUD Amendment clearly is an effective use of land for East Avon and ensures an opportunity of providing active retail space as the Village At Avon commences retail sales.. The additional square footage along with the facade improvements will enhance the aesthetics of the community while maintaining economic vitality. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The design of the new facade for the three additional tenants is in conformance with Chapel Square and East Avon. 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 character of the improvements, design, scale and character are compatible with the existing environment and should enhance the overall aesthetics in East Avon. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Creating three new tenant spaces to accommodate national tenants with new facade improvements provide a compatible functional relationship to the Town and its current development progress. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. There are no geologic or natural hazards created with this application. 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 overall site plan appears to function well with the exception of maintaining a consistent sidewalk width on the northwest corner to accommodate effective pedestrian movement. 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 site access may require minimal revision on the northwest corner; otherwise, the traffic circulation works well with the Town Transportation Plan. 8. Functional aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The new facade features improve pedestrian movement by the creation of arched openings at each new store entrance with appropriate plantings, which are functional and aesthetically appropriate. 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. lown of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 22, 22A, Tract A, B] & B2, Block 2, BMBC Subdivision, Chapel Square PUD Amendment April ]S, 2003 Planning & Zoning Commission meeting Page 3 of4 There is no phasing proposed with this application. All improvements will be completed at the same time. 10. Adequacy of public-services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. There are adequate services in place. 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. Since the additional space has been contemplated for several years, there are adequate streets and roads suitable for the application. 12: Development Standards The only development standard being sought for modification is the square footage limitation on, Tract B- 1. the existing Wal-Mart store. Staff Recommendation As a result of the Wal-Mart superstore opening at the Village at Avon and the potential for vacant retail space in East Avon, staff recommends approval of the Chapel Square PUD Amendment with the following conditions: 1. A building permit must be issued for the facade improvements and additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business'io the public, whichever occurs earlier. 2. A Certificate of Occupancy must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit. 3. hi the event a building permit is not issued for the faoade improvements and additional 12,000 square feet within thirty.(30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public.. whichever occurs earlier, then this Chapel Square PUD Amendment shall lapse and be void. Recommended Motion Approve Resolution 03-10, recommending to-the Town Council approval of the Chapel Square PUD Amendment, Town of Avon, Eagle County, Colorado with the following conditions: A building permit must be issued for the facade improvements and additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the-premises or the "Val-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier. 2. A Certificate of Occupancy must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit. Town of Avon C ommunity Development (970) 748-4030 Fax (970) 949-5749 Lots 22, 22A, Tract A, B I & B2, Block 2, BMBC Subdivision, Chapel Square PUD Amendment April 15, 2003 Planning & Zoning Commission meeting Page 4 of4 3. n the event a building permit is not issued for the fagade improvements and dditional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the l)ublic, whichever occurs earlier, then this Chapel Square PUD Amendment shall lapse and be void. 4. 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 bearing(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 7.48-40. 0, or stop by the Community Development Department. Respectful] sub fitted, uth Beme, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 4. TOWN OF AVON" PLANNING & ZONING COMMISSION RESOLUTION NO. 03-10 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF, THE TOWN OF AVON APPROVAL OFA PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 22,22A, TRACTS A, B) & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, 'COLORA.DO WHEREAS, Traer Creek LLC, has applied for an amendment to Lots 22,22A, Tract A, B1 & B2,, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel Square PUD for facade improvements and the addition of 12,000 square feet of commercial space; 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 22, 22A, Tract A, B1, & B2, Block 2; Benchmark at Beaver Creek Subdivision; Town of Avon, Eagle County, Colorado with the following conditions: 1. A building permit must be issued for the facade improvements and additional 12,000 square feet within thirty (30), days from the date Wal-Mart vacates the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier. 2. A Certificate of Occupancy must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit. 3. In the.event a building pen-nit is not issued for the facade improvements and additional 12.000 square feet within thirty (30) days from the date Wal-Mart vacates t. the premises or the Wal-Mart located at the Village at Avon opens for business to the public, whichever occurs earlier, then this Chapel Square PUD Amendment shall lapse and be void. 4. 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 15t" DAY OF APRIL, 2003 Signed: Date: q1 ( 10-3 Chris Evans, Chairman Attest: q.J.' V M Date: !s it. Michael McClinton, Secretary z ~t. a O ,t 0 ✓r ~i a~N a m i Cc Kan q v q ~j u @ d~ O v a b/ n 3 Q O ~7.\ J i' O u> ..a Z~Vo 7 Oc LLJ OC 98 lEi LAJ N4~Ce w N C c0 I- - ' - - LL -1-- -'y- m- D 1 3~W r I t o ull R o n aE I doq -r I to L ~ p a iu m° 13 - - - - i X3:8 A- e I ~ I I ul ~ ----I 'I - 9 u 1 b S a I ~I I ~oI I e I - - o vi- ~ .b..+ ~ u 1 u• ~ b i t ~I I u~~ I m ~ I WI I Dz W C 44 b Aa i I b I I I I i~ ~ I I I ~ (v i I ~ I ;3 I I I I GPI I I ► S9 I D O O O Y O C z y @; uj 0. uj gP c W c Ni C L i ~J Ln ca O ~ M; W t~ W T€ V ^C W E E Q oil W v J /W i.i V~ Zjl uj9l' _ Ns{!' ~l0 e Memo To: Honorable Mayor and Town Council Thru: Lary Brooks, Town Manager Fnon Ruth Borne, Director of Community Development Date April 16, 2003 Re: First Reading of Ordinance 03-07, An Ordinance Amending the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2; Benchmark at Beaver Creek Subdivision Summary The applicant, EXWMT LLC, a subsidiary of the Traer Creek LLC and the developers for the Village at Avon, have submitted a PUD amendment for the purpose of creating facade improvements for three (3) new tenants and expanding the existing Wal-Mart store (Tract B1) by 12,000 square feet. The additional square footage request arises as a result of discrepancies that exist between the existing Chapel Square -PUD and other related documents. The additional square footage and adequate parking was contemplated in the original approval for Chapel Square PUD. In addition, the Annexation and Development Agreement for the Village rat Avon and the amendments thereto require Traer Creek LLC to compensate the Town for the lost revenue when the new Wal-Mart superstore is opened at the Village at Avon. Currently, Traer Creek LLC is negotiating with three (3) potential tenants. The additional square footage and facade improvements are, important to maintaining economic vitality in East Avon and allowing the creation of commercial space receptive to national anchor stores. On April 15, 2003, Planning & Zoning unanimously approved Resolution 03-10 recommending approval of the PUD Amendment. There was some concern expressed by the Commission as well as the applicant regarding the 90-day time requirement to obtain a certificate of occupancy on the improvements. Staff has clarified the condition by modifying it as follows: Planning & Zoning Resolution 03-10 condition #2 stated: "A Certificate of Occupancy must be issued for the additional square footage and fagade improvements within the ninety (90) days from the date of issuance of the building permit." Proposed condition #2 for Ordinance 03-07: A Temporary Certificate of Occupancy- must be issued for the additional square footage and facade improvements within the ninety (90) days from the date of issuance of the building permit and a Certificate of Occupancy must issued for the additional square footage and facade improvements within the one-hundred and twenty (120) days from the date of issuance of the building permit. Memo to Town Council, April 16, 2003 Page 1 of 2 Ordinance 03-07, Chapel Square PUD Amendment w Recommendations Staff -recommends approval of Ordinance 03-07 on first reading with the conditions as proposed. Alternatives 1. Approve on First Reading 2. Table the application Proposed Motion °I move to approve on first reading Ordinance 03-07, approving an Amendment to the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments, Attachments: A. Ordinance 03-07 B. Planning and Zoning Commission-Staff Report C. Planning and Zoning Commission Resolution 03-10 Memo to Town Counal, April 16, 2003 Page 2, of 2 Ordinance 03-07, Chapel Square PUD Amendment Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Ruth Bome, Director of Community Development Date May 7, 2003 Re: Second Reading of Ordinance 03-07, An Ordinance Amending the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & 82, Block 2, Benchmark at Beaver Creek Subdivision Public Hearing Summary The applicant, EXWMT LLC, a subsidiary of the Traer Creek LLC and the developers for the Village at Avon, have submitted a PUD amendment for the purpose of creating facade improvements for three (3) new tenants and expanding the existing Wal-Mart store (Tract B1) by 12,000 square feet. The additional square footage request arises as a result of discrepancies that exist between the existing Chapel Square PUD and other related documents: The additional 'square footage and adequate parking was contemplated in the original approval for Chapel Square PUD. In addition, the Annexation and Development Agreement for the Village at Avon and the amendments thereto require Traer Creek LLC to compensate the Town for the lost revenue when the new Wal-Mart superstore is opened at the Village at Avon. Currently, Traer Creek LLC. is negotiating with three (3) potential tenants. The additional square footage and facade improvements'are important to maintaining economic vitality in East Avon and allowing the creation of commercial space receptive to national anchor stores. On April 15, 2003, - Planning & Zoning unanimously approved Resolution 03-10 recommending approval of the PUD Amendment. There was some concern expressed by the Commission as well as the applicant regarding the 90-day time requirement to obtain a certificate of occupancy on the improvements. Staff has clarified the condition by modifying it as follows: Planning & Zoning Resolution 03-10 condition #2 stated: "A Certificate of Occupancy must be issued for the additional square footage and fagade improvements within the ninety (90) days from the date of issuance of the building permit." Proposed condition #2 for Ordinance 03-07: A Temporary Certificate of Occupancy must be issued for the additional square footage and fagade improvements within the ninety (90) days from the date of issuance of the building permit and a Memo to Town Council, May 7, 2003 Page 1 of 2 Ordinance 03-07, Chapel Square PUD Amendment Certificate of Occupancy must issued for the additional square footage and fagade improvements within the one-hundred and twenty (120) days from the date of issuance of the building permit. Recommendations On first -reading, Council unanimously approved Ordinance . 03-07. Staff recommends approval-of Ordinance 03-07 on second reading with the conditions as proposed. Alternatives 1. Approve on Second Reading 2. Modify the terms of the Ordinance for approval 3. Deny Proposed Motion "I move to approve on second reading Ordinance 03-07, approving an Amendment to the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2, Benchmark at Beaver Creek Subdivision; Town of Avon, Eagle County, Colorado." Town Manager Comments' Ile" Attachments: A. Ordinance 03-07 B. Planning and Zoning Commission Staff Report C. 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