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PZC Res. No. 2003-10TOWN 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 OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 22, 22A, TRACTS A, BI & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, has applied for an amendment to Lots 22, 22A, Tract A, B 1 & 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 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. ADOPTED THIS 15"' DAY OF APRIL, 2003 Signed: CE'__ Date: (� Chris Evans, Chairman Attest: /, I i..Y t;4 Date: 15- Michael McClinton, Secretary