TC Res. No. 2004-04 RELATING TO THE EXTENSION OF THETOWN OF AVON
RESOLUTION NO. 04-04
SERIES OF 2004
A RESOLUTION RELATING TO THE EXTENSION 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 worked diligently with Town staff on a revised Planned
Unit Development ("PUD") for Lot 61, Block 2, Benchmark at Beaver Creek, after 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 second PUD extension granted in 2003 through Ordinance 03-01,
extending existing development rights for the Lot 61 PUD, shall expire on February 3, 2004; and
WHEREAS, the Town of Avon is currently reviewing a new Lot 61 PUD Development
Plan and development agreement (pending Ordinance 04-01), which requires more time to
establish whether approval of the application is in the best interest of the Town; and
WHEREAS, realizing that the Lot 61 PUD (Ordinance 03-01) requires the underlying
Town Center zoning to revert on February 3, 2004 and may not represent the highest and best
use of this property; and
WHEREAS, the public hearing review by the Town of the proposed Lot 61 PUD
Development Plan (Ordinance 04-01) may extend beyond the expiration date of Ordinance 03-01
causing the existing development rights to lapse and the property to revert to Town Center
zoning; and
CADocuments and Settings\pmckenny\Local Settingffemporary Intemet Files\OLKB\Res 04-04 Lot 61 B2 BMBC Ext. Intent.doc
WHEREAS, based upon the evidence, testimony, and exhibits, and a review of the
Comprehensive Plan of the Town of Avon and the Town Center Implementation Plan , Town
Council of the Town of Avon finds as follows:
1. In the interest of preserving the existing development rights on the Lot 61 PUD
(Ordinance 03-01), the Planning & Zoning Commission shall entertain review and
recommendation of extending the current Lot 61 PUD in order to allow Council
adequate time to review and evaluate the pending Lot 61 PUD Development Plan
(Ordinance 04-01).
2. The Planning & Zoning Commission shall review the extension of Ordinance 03-
01 based upon the criteria established in Section 17.20.110.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council hereby endorses the review and
consideration of extending the Lot 61 Planned Unit Development (Ordinance 03-01) by the
public process set forth in the Avon Municipal Code, Section 17.20.110 in order to preserve the
existing development rights while continuing to review the pending application for Lot 61, Block
2, Benchmark at Beaver Creek Subdivision (Ordinance 04-01).
ADOPTED THIS 37
~j1t OF
4 ~ ^s r
ATTEST:
Town Clerk
DAY OF J( , 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
CADocuments and Settings\pmckenny\Local Settingffemporary Intemet Files\OLKB\Res 04-04 Lot 61 B2 BMBC Ext. Intent.doc
I
*Memo
Ta Honorable Mayor and Town Council
Thar. Lary Brooks, Town Manager
From: Tambi K tale Norm Wood
Date January 22, 2004
fie: Resolution 04-04 Relating to the Extension of the Lot 61 PUD
Summary
On January 13"', 2004, Town Council recommended staff address the potential lapsing of
the development rights for Lot 61 PUD (Ordinance 03-10) while the review process of the
pending Ordinance 04-01 for the Lot 61 PUD Development Plan and development
agreement occurs.
Attached is proposed Resolution 04-04, which recommends Planning & Zoning review the
extension of Lot 61 PUD while the public review process of the pending application
• (Ordinance 04-01) is evaluated.
Town Manager Comments:
Attachments:
Resolution 04-04
E
Comprehensive Plan Consultant Interviews Page 1 of 1
January 13, 2004
TOWN OF AVON
RESOLUTION NO. .04-04
SERIES OF 2004
A RESOLUTION RELATING TO THE EXTENSION OF THE
LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT
61, BLOCK 29 BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, IDG3 LLC has worked diligently with Town staff on a revised Planned
Unit Development (""").for Lot 61, Block 2, Benchmark-of Beaver Creek, after 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 second PUD extension granted in 2003 through Ordinance 03-01,
extending existing development rights for the Lot 61 PUD, shall expire on February 3, 2004; and
WHEREAS, the Town of Avon is currently reviewing a new Lot 61 PUD Development
Plan and development agreement (pending Ordinance 04-01), which requires more time to
establish whether approval of the application is in the best interest of the Town; and
WHEREAS, realizing that the Lot 61 PUD (Ordinance 03-01) requires the underlying
Town Center zoning to revert on February 3, 2004 and may not represent the highest and best
use of this property; and
WHEREAS, the public hearing review by the Town of the proposed Lot 61 PUD
Development Plan (Ordinance 04-01) may extend beyond the expiration date of Ordinance 03-01
causing the existing development rights to lapse and the property to revert to Town Center
zoning; and
•
F:\Counci1\Res01uti0ns\2004\Res 04-04 Lot 61 B2 BMBC Ext. Intent.doc
WHEREAS, based upon the evidence, testimony, and exhibits, and a review of the
• Comprehensive Plan of the Town of Avon and the Town Center Implementation Plan, Town
Council of the Town of Avon finds as follows:
1. In the interest of preserving the existing development rights on the Lot 61 PUD
(Ordinance 03-01), the Planning & Zoning Commission shall entertain review and
recommendation of extending the current Lot 61 PUD in order to allow Council
adequate time to review and evaluate the pending Lot 61 PUD Development Plan
(Ordinance 04-01).
2. The Planning & Zoning Commission shall review the extension of Ordinance 03-
01 based upon the criteria established in Section 17.20.110.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council hereby endorses the review and
consideration of extending the Lot 61 Planned Unit Development (Ordinance 03-01) by the
public process set forth in the Avon Municipal Code, Section 17.20.110 in order to preserve the
existing development rights while continuing to review the pending application for Lot 61, Block
• 2, Benchmark at Beaver Creek Subdivision (Ordinance 04-01).
ADOPTED THIS DAY OF 72004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
•
FACounci1lReso1utions\2004\Res 04-04 Lot 61 B2 BMBC Ext. Intent.doc