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PZC Res. No. 04-26TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-26 A RESOLUTION AMENDING THE CHATEAU ST. CLAIRE PUD TO ELIMINATE CONDITION 3 OF ORDINANCE 98-6 WHICH STATES "DEED RESTRICTED AFFORDABLE HOUSING OR EMPLOYEE UNITS SHALL BE INCLUDED IN THE DEVELOPMENT IN AN AMOUNT EQUAL TO 10 PERCENT OF THE HOTEL, RESIDENTIAL, OR TIMESHARE UNITS" AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED NOVEMBER 1, 2004. WHEREAS, CSC Land, has filed an application to amend the existing Planned Unit Development ("PUD") and Development Standards for the proposed Chateau St. Claire development; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on November 16, 2004 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 Development Plan amendment; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 04-26; and NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the Chateau St. Claire PUD Amendment dated November , 2004 with the following conditions: F'\Planning & Zoning Commission\11esolutions\2004\Res 04-26 Chatcau St. Claire amendmenl.doc 1. The PUD amendment is contingent upon a valid Development. Agreement between CSC Land, LLC, and the Town of Avon being approved; 2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by three fractional ownership units; 3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior to the issuance of Temporary Certificate of Occupancy; 4. Payment of a Time -Share Amenity Fee to offset additional costs for transportation and recreation; 5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending PUD Ordinance shall automatically terminate all permits and no further development shall be permitted under existing approvals. 6. 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 16th DAY OF NO 4 EMBER, 2004 Signed: /Chris Evans, Chair Attest::Lj�l A44' ,7 Terry Smith, SdQretary Date: / (/I L 16 t Date: l///L/oy F:\Planning & Zoning Commission\Resolutions\2004\Res 04-26 Chateau St. Claire amendmnll.doc