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PZC Packet 062325AVON PLANNING & ZONING COMMISSION MEETING AGENDA MONDAY, DUNE 23, 2025 ` ,O PUBLIC MEETING BEGINS AT 5:30 PM V ZOOM LINK: HTTPS://us02WEB.ZOOM.us/i/87239106371 C 0 L O R A D O 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) - 5:30 PM 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT — COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. THE SPEAKER MAY BE GIVEN ONE (1) ADDITIONAL MINUTE SUBJECT TO PLANNING AND ZONING COMMISSION APPROVAL. 5. JOINT WORK SESSION WITH AVON TOWN COUNCIL MEMBERS 5.1 SLOPESIDE COMMUNITY HOUSING: DESIGN CONCEPT — PATTI LIERMANN, HOUSING PLANNER 6. PUBLIC HEARING 6.1. CTA24002 AVON MUNICIPAL CODE UPDATES TO TITLE 7 DEVELOPMENT CODE (CONTINUED FROM APRIL 21ST) — PLANNING MANAGER, JENA SKINNER 7. CONSENT AGENDA 7.1. RECORD OF DECISION — CTA25002 AVON MUNICIPAL CODE AMENDMENTS TO REGULATE NATURAL MEDICINE 7.2. JUNE 9, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES 8. FUTURE MEETINGS 8.1. JULY 7, 2025 8.2. JULY 21, 2025 9. STAFF UPDATES 10. ADJOURN MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. TO: Planning and Zoning Commission and Town Council FROM: Patti Liermann, Community Development Housing Planner Avon RE: Slopeside Community Housing Project DATE: June 16, 2025 SUMMARY: This report presents to Avon Planning and Zoning Commission ("PZC") and members of Town Council ("Council") who may be attendance for this meeting, the preliminary conceptual designs by Ulysses Development Group ("Ulysses") and their team. PZC will review the massing and scale of these plans for consideration of the project's density. More evolved conceptual plans that reflect density recommendations by PZC, complete with floor plans, will be reviewed at a later meeting. BACKGROUND: The Property is part of the original Benchmark at Beaver Creek Subdivision, and was zoned for Open Space, Landscaping, Drainage ("OLD"), since at least 1991, and prior to Avon rezoning Parcel 1 (Benchmark at Beaver Creek Tract Y) in 2024 to Community Housing High Density-1 ("CHHD-1 "). The smaller Parcel 2, to the east was rezoned for "public use" and is part of the 1997 Swift Gulch Addition subdivision creating the public works/transit/fleet campus. Parcel 2 is described as Lot 2: Swift Gulch Addition. Both parcels are owned by the Town of Avon. Parcel 1 is approximately 3.41 acres. Property location The Property also contains a portion of the pedestrian/bike trail that runs between Avon Road and Post Blvd, and the existing Nottingham Puder Ditch. The Community Housing project, currently known as "Slopeside", will primarily be located within Parcel 1 and may have signage or other limited uses on Parcel 2. (970) 748-4091 piiermann@avon.org The Zoning on this parcel is as follows: Community Housing High Density —1. The CHHD-1 district is established to accommodate multi- family development in cost effective configuration, construction type, and density that permits a high number of residential units with a maximum of four (4) stories of residential or three (3) stories of residential above one (1) level of at grade parking. Table 7.20-7 Community Housing High Density -1 Dwelling Max. Max. Min. Max. Lot Min. Front Min. Side Min. Rear Max. Type Density Units Per Landscape Coverage Setback Setback Setback Building (units/ Building Area (%) (feet) (feet) (feet) Height acre) (feet) Multi- 25 du/ N/a 10% 80 10 7.5 10 48 family / TH acre At the May 12th joint meeting with PZC and Council, Staff, Ulysses, PZC, and Council worked through Step 1 of the Conceptual Design phase. This included team introductions, site visit, discussion of opportunities and challenges, and a preliminary building design discussion. The Ulysses team provided an overview of the site's potential, and Staff reviewed the Project Goals. Avon PZC and Council members provided questions, comments, priorities, and feedback on those goals. The work session refined the Project Goals and preliminary design elements iteratively so Ulysses and their team can return to PZC and Council with initial conceptual designs. CONCEPTUAL DESIGN PHASE: The Conceptual Design agreement outlines a process with four steps. The second step will review density and parking. The entire conceptual design process will include the following: Introductory joint work session with Avon PZC and Council to review project goals, discuss site challenges and opportunities, and discuss optimizing density balanced with appearance of entry to Town. Initial presentation of at least 2 conceptual designs to Avon PZC and Council. Avon PZC and Council will provide direction and comment on conceptual designs. Prepare revised and preferred conceptual design for presentation to Avon PZC and Council. Avon PZC and Council will provide direction and comment to finalize the preferred conceptual design. Present the revised conceptual design to Avon PZC and Council. COMMUNITY HOUSING DEVELOPMENT STEPS: The development of Community Housing involves several steps, which are described as follows: 1. Identification of land suitable for a Community Housing Project. COMPLETE 2. Zoning (or Rezoning) COMPLETE 3. Determination of Ownership and Initial Partners (i.e. public or private). PENDING 4. Determining whether to proceed as public development project or post Request for Proposal for private developers. COMPLETE 5. Apply for Grant Funding for design, infrastructure and/or construction. ON GOING 6. Conceptual Design of housing project to determine density, layout, and feasibility. 7. Determination of specific housing type and goals (rent versus own, unit size, target AMI levels) 8. Establishing development team (architect, owners representative, contract — if a public project, or selecting developer if private project). "Slopeside" Community Housing Project June 23, 2025 Page 2 of 3 9. Securing financing and finalizing development agreements and deed restrictions. 10. Overseeing or administering construction of project. 11. Construction completion and sale or leasing per Avon Community Housing Policies or per terms with private developer. CONCEPTUAL DESIGN PHASE STEP 2: The two conceptual designs include one with 83 residential units (25 units per acre x 3.41 acres) and one with 111 residential units (additional density permitted by Development Bonus process). The purpose of these two conceptual designs is to illustrate the bulk and massing of different quantities of development on this site. They also illustrate parking density options and potential locations for snow storage, trash, storage, and common areas. REQUESTED DIRECTION: Your direction at this stage of the process will move the project into the next phase. Please review the attached conceptual design materials and arrive at the meeting prepared to share your ideas. This meeting will be used to review the density and massing of the development and parking options. Thank you, Patti ATTACHMENT: Conceptual Design Options "Slopeside" Community Housing Project June 23, 2025 Page 3 of 3 AD25004 AERIAL SIDE -BY -SIDE AVON SLOPESIDE HOUSING 27 MAY 202 Avon, CO NOT FOR CONSTRUCTION EVstudloSD60 architecture: engineering: planning RAISED ROOF AND STONE BASE AT "MINOR EVENT" ��"■ 1111��11�� 1-01 " ■I11�111 ■■ "' ■ 11 11 �� 11 �� 11 �� 11 ■■—'� ■ i r '�� 11 ■ 11 11 ii 11 � " 11 �� 1� �� , I�,c,_1,!■■ 2 111 UNITS PULLED APART SOUTH ELEVATION 1 )_ " = 60'-0" ADDITIONAL FLOOR AND TALLER STONE BASE AT "MAJOR EVENT" mII ■' ■ 11 •� ■ 11w11�11`■ 11 11 ii ■■ ■� ■ 11 iii ii 11 �� 11 ■ 11 111 ii LI a ®,,,■;_� 11 11 � 1! roi " -� ii 11 �� 11 ■ 11 � 11 �� � li ii 11 ■ ••,� 11 1 �� 11 ii ■ ■■ o ii 11 �� 11 ■ 11 111 i■ �- �i! �� 11 �■ "_ii 11 11 b 11 i■ ■ ■■ ii "PULLED" BLDG. 1 "PULLED" BLDG. 2 "PULLED" BLDG. 3 "PULLED" BLDG. 4 UNIT MIX: 111 STUDIOS: 8 STUDIOS: 8 STUDIOS: 4 STUDIOS: 4 STUDIOS: 24 1 BED: 16 1 BED: 23 1 BED: 4 1 BED: 12 1 BED: 55 2 BED: 8 2 BED: 8 2 BED: 8 2 BED: 8 2 BED: 32 VARIOUS PARKING REQUIREMENTS: 1 SPOT / STUDIO, 1.5 SPOT / 1 BED, 2 SPOT / 2 BED + GUESTS (10): 1 SPOT / BEDROOM + GUESTS (10): SPOTS PROVIDED: 136 NEED 181 SPOTS NEED 138 SPOTS GARBAGE RETAINING WALL HEIGHT 160sf STORAGE / - UTIL. PER FLOOR 111 UNITS PULLED APART SITE PLAN 36 POTENETIAL ON -STREET PARALLEL GARBAGE PARKING SPOTS w/ STAIR ACCESS 1W --�� �kb SNOW REMOVAL ------- -- ----------------- 300sf STORAGE / _ _ —----- UTIL. PER FLOOR SNOW REMOVAL 60sf STORAGE / 160sf STORAGE / 1" = 80'-0" UTIL. PER FLOOR 1,000 sf COMMON OUTDOOR SPACE UTIL. PER FLOOR NOT FOR CONSTRUCTION AD25004 111 UNITS PULLED APART AVON SLOPESIDE HOUSING EVstu(jioSD61 27 MAY 202b Avon, CO architecture: engineering: planning 000 f' MONO mom STAR " li � ; � ,'l. -� :�"�_ . _i!`,�. � ■� �.■■ � � - � Ili. - ,lillll��I1 IShIEh.� �IaErg �� i IT-W ATI0 i AD25004 111 UNIT LAYOUT VIEW FROM SOUTH AVON SLOPESIDE HOUSING 27 MAY 2025 Avon, CO NOT FOR CONSTRUCTION EVstudioSD64 architecture: engineering: planning ADDITIONAL FLOOR AND TALLER STONE BASE AT "MAJOR EVENT" RAISED ROOF AND STONE BASE AT "MINOR EVENT" 2 83 UNITS PUSHED TOGETHER SOUTH 1 " = 60'-0" RAISED ROOF AND STONE BASE AT "MINOR EVENT" "PUSHED" BLDG. 1 "PUSHED" BLDG. 2 "PUSHED" BLDG. 3 UNIT MIX: 83 STUDIOS: 4 STUDIOS: 4 STUDIOS: 4 STUDIOS: 12 1 BED: 8 1 BED: 28 1 BED: 12 1 BED: 47 2 BED: 8 2 BED: 8 2 BED: 8 2 BED: 24 VARIOUS PARKING REQUIREMENTS: 1 SPOT / STUDIO, 1.5 SPOT / 1 BED, 2 SPOT / 2 BED + GUESTS (10): 1 SPOT / BEDROOM + GUESTS (10): SPOTS PROVIDED: 130 NEED 141 SPOTS NEED 105 SPOTS GARBAGE = RETAINING WALL HEIGHT /_ VARIES FROM 0' - 7' ----------------- P+9N 36 POTENETIAL ON -STREET PARALLEL PARKING SPOTS w/ STAIR ACCESS O.C, GARBAGE --- - - -- I 160sf STORAGE / --- —-- — `� UTIL. PER FLOOR SNOW REMOVAL ----- ___ 83 UNITS PUSHED TOGETHER SITE PLAN 300sfSTORAGE/ - 1 UTIL. PER FLOOR SNOW REMOVAL -- -- 1" = 80'-0" 160sf STORAGE /- 1,000 sf COMMON UTIL. PER FLOOR OUTDOOR SPACE NOT FOR CONSTRUCTION AD25004 83 UNITS PUSHED TOGETHER AVON SLOPESIDE HOUSING EVstu(jioSD71 27 MAY 202b Avon, CO architecture: engineering: planning am 9FL loll NIBS' 11 ATIL010 Mi we] J *"1111 0 q-, 0 0 �itlbt. fi� x > I--7:v ATIO 91J*41111]=:[9 AD25004 83 UNIT LAYOUT VIEW FROM SOUTH a AVON SLOPESIDE HOUSING 27 MAY 2025 Avon, CO NOT FOR CONSTRUCTION EVstu(j10SD74 architecture: engineering: planning 1" UNITS 1" = 80'-0" AD25004 ''-w - - ----OUTDOOR SPACE SITE PLAN - ANGLED PARKING "PULLED" BLDG. 1 "PULLED" BLDG. 2 "PULLED" BLDG. 3 "PULLED" BLDG. 4 UNIT MIX: 111 STUDIOS: 8 STUDIOS: 8 STUDIOS: 4 STUDIOS: 4 STUDIOS: 24 1 BED: 16 1 BED: 23 1 BED: 4 1 BED: 12 1 BED: 55 2 BED: 8 2 BED: 8 2 BED: 8 2 BED: 8 2 BED: 32 VARIOUS PARKING REQUIREMENTS: 1 SPOT / STUDIO, 1.5 SPOT / 1 BED, 2 SPOT / 2 BED + GUESTS (10): 1 SPOT / BEDROOM + GUESTS (10): SPOTS PROVIDED: 144 NEED 181 SPOTS NEED 138 SPOTS ANGLED PARKING OPTION AVON SLOPESIDE HOUSING 27 MAY 2025 Avon, CO NOT FOR CONSTRUCTION EVstu(AIOSD75 architecture: engineering: planning A T0: Planning and Zoning Commission Avon FROM: Jena Skinner, AICP, Planning Manager RE: PUBLIC HEARING C O L O R A D O CTA-24002 Code Text Amendments DATE: June 18, 2025 SUMMARY: This report presents to the Planning and Zoning Commission ("PZC") a Code Text Amendment application to modify and or update certain provisions throughout the Avon Municipal Code ("Code"). In late February 9, 2023, Staff presented a list of items that warranted updates to Town Council ("Council') for their consideration and approval to pursue modifications. This package reflects those items recognized by Council as necessitating action. OVERVIEW: The following sections contain modifications: • 7.08.010 General Definitions • 7.16 Development Review Procedures • New section: 7.20.085 Mixed -use and Commercial District Encroachments • 7.24.040 Table of Allowed Uses • 7.24.050 Use Specific Regulations • 7.24.060 Special Review Uses • 7.28.090 Design Standards — Roof Pitch • 7.34.010 Sign Code • 8.24.065 Driveways Must Be Paved • New section: Appendix C — Plat Certificates GOALS: The main goal of the proposed Code Text Amendments is to ensure our Code provisions are relevant, to close "holes" where ambiguity may be found within these provisions, and/or to clarify language, which results in a greater understanding by the public and an increased level of equity within the Code. Older language in regulatory codes has been found to be a barrier in communicating land use with the public who are not familiar with often used "specialized" language derived from the legal world. A secondary goal for Staff in these provisions is to prepare Avon for infill development and redevelopment. As underdeveloped properties are retrofitted using new construction practices, technology, and design standards and methods that differ from 20 - even 10 years ago, it is important to keep our codes relevant to these practices. Constant requests for variations to design standards (i.e. 2/12 roof pitches), or the need to allow for encroachments into setbacks for electrical or mechanical equipment such as solar batteries, are important considerations in pursuing our sustainability goals. A third goal is to add language needed to decrease ambiguity for some of our provisions like improved use requirements that will eliminate conflicts between implementation of a use not previously contemplated on properties now built out and conflicts more frequent. This clarity will help the public understand expectations resulting from application approvals. PROCESS: Town Council directed Staff to submit an application to PZC with these amendments in fall of 2023. Between this time and this application, Staff has been working on assembling and analyzing all sections throughout this timeframe, in addition to managing other applications taking precedent. 970-748-4023 jskinner@avon.org Page 1 of 6 TOWN COUNCIL STAFF PZC TOWN COUNCIL \ INITIATION ANALYSIS & PUBLIC HEARING ORDINANCE & October 24, 2023 REPORT RECOMMENDATION PUBLIC HEARING 4121125 TBD PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 10, 2025, and was continued on record to June 23rd. No public comments have been received outside of additional internal reviews. OPTIONS: PZC has the following options with the Application: • Recommend Approval of the application as drafted • Recommend Approval of the application with changes • Continue the public hearing to a specific date • Recommend Denial, with findings DISCUSSION: This Code Text Amendment package is significant, and Staff expects the PZC and Council to take multiple meetings to discuss and consider. Staff also anticipates that additional modifications may be necessary during this process, as how Staff perceives Code and how the public understands Code may still need improvement in language as Staffs familiarity is more significant due to training and administration using this profession "language field." Improving communication between all users of a regulatory code is now recognized as a form of equity within our community systems. Staff continually strives to clarify the Code for this reason. The AMC has not been "overhauled" in its entirety but has been amended and updated in various locations, where necessary. Several titles and chapters are inconsistent in language use, writing style, references, and formatting. Staff's goal is to have those portions of the Code affecting development (planning and building) consistent in presenting information and requirements. This consistency is especially important in sections related to application processes. Language, primarily in Title 7, must be understandable, clear, and digestible for both the public and internal communication in analyzing applications- particularly those quasi-judicial applications. Staff has added a recent amendment regarding Family Child Care Home to Section 7.24.050 in response to a revision to the State of Colorado statutes, ensuring that this use is in alignment with this State modification. This obligation has not been previously assessed by Town Council. PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for CTA24002 (Code Text Amendment). CODE TEXT AMENDMENT: REVIEW CRITERIA: The Planning and Zoning Commission and Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code ("AMC") §7.16.040, Code Text Amendments. Staff responses to each review criterion are provided below. (1) The text amendment promotes the health, safety and general welfare of the Avon community; CTA24002 Code Text Amendments April 16, 2025 Page 2 of 6 Staff Response: This update aims to improve the health, safety, and general welfare of the Avon community by increasing the understanding of these regulations for users of this Code and modifying outdated provisions that may add communication difficulty for community members because the provisions are unclear. Clarifying expectations for implementing uses and standards is an essential function of increasing equity and relationships between the Town and the public within our town. Further, ensuring this Code is relevant to our culture and other communities is also vital to the welfare of Avon as design standards, technology, cultural elements (equity/equality), Town practices, and goals evolve. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: This amendment attempts to improve the Code to support new developments pending redeveloping areas like Sun Road or clarifying processes for the public wishing to modify land use opportunities Many of the proposed modifications indirectly support the Town by removing communication barriers to assist Staff in administrating these land uses. Per the Comprehensive Plan, Policy C.1.1: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. Over the last year, several shifts have occurred within Avon and nationwide when discussing land uses, processes, and technology. To that point, this code amendment could go much further in its modifications, knowing that redevelopment is inevitable in Avon. The proposed changes have all been discussed with Town Council prior to formally presenting this application, and this package reflects their direction as well as the State's recommendation' to ensure the relevance of the Code as it pertains to land use and development, especially Community Housing. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staffs efforts to enhance the Avon Municipal Code. The most relevant goals that may be applied include the following: • Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town • Including the Avon Housing Plan, and the pending Sun Road Redevelopment (Sub Area) Plan • Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality • Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non- renewable natural resources and attain sustainability I DOLA, Updatinq Land Use Policies & Processes, 2024 CTA24002 Code Text Amendments April 16, 2025 Page 3 of 6 • For example, the simple addition of encroachments into the Code allows existing residential homes to implement or increase electrification by permitting exterior equipment to be placed in these presently prohibited areas. Prevent the inefficient use of land, avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high -quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities. • Clarifying processes and expectations of applications to the public helps avoid lengthy back and forth between Staff and applicants when applying for development applications. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: Most of these Code Text Amendments help clarify and improve the affected provisions' usability and reflect standard land use practices. An example is updating provisions affecting design standards, many of which do not necessarily reflect more modern architectural designs, like the litany of Alternative Designs issued in 2023-2024 for roofs that are less pitched than the more traditional designs. Another premise within these amendments focuses on changing some language to reflect social change, particularly the term "master." Current practice is to remove the use of "master" where possible, replacing this term with an alternative. E.g., Master Sign Plan with Sign Program. Because the term "master" has been used to describe a dominant or authoritative position, it assumes a subordinate position also exists. Its removal aligns with supporting a more inclusive and neutral environment. Alternatives to "master" may include Primary, Main, Original, Comprehensive, Parent, and Municipal. In summary, these proposed amendments neither remove nor modify the intentions or purposes of the Avon Municipal Code; instead, their overall theme is to bring consistency and modernization of language and to simplify, clarify, and promote a practical Code that all users feel comfortable using. GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing CTA24002 Code Text Amendments April 16, 2025 Page 4 of 6 authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This Code Text Amendment is complete. Staff believes sufficient information exists to allow Council to review this application with the applicable review criteria This Amendment application will not impact demands for public services or infrastructure because it is not a development application. Specific to (iv), the General Review Criteria provisions are geared toward development applications to ensure that a new development plan will neither injure nor cause significant disruptions to existing development. This Code Text Amendment will not result in construction activities and, as such, does not affect impacts to services or infrastructure; however, the amendment should clarify processes and requirements for future developers and assist in promoting best practices in increasing the communication of the Avon Development Code and to users thereof. RECOMMENDED FINDINGS: CTA24002: 1. The text amendment promotes the health, safety and general welfare of the Avon community by focusing on simplification and or making the language used with in the affected sections more linear and straight forward, increasing the equitability for all users; 2. This text amendment promotes and strengthens the implementation of the updated goals and policies of the Avon Comprehensive Plan and supporting plans; 3. The text amendment consistently promotes or implements the purposes stated in this Development Code with the new language pertaining to future redevelopment; and 4. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions, as being forward thinking is a priority for Avon. GENERAL CRITERIA FINDINGS: 1. The development application is complete; 2. The development application provides sufficient information to allow the reviewing authority to determine if it complies with the relevant review criteria; 3. The development application complies with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment that results in a physical project that utilizes public services or infrastructure. RECOMMENDATION: Approval of this Code Text Amendment package/application. CTA24002 Code Text Amendments April 16, 2025 Page 5 of 6 PROPOSED MOTION: "I move to recommend approval of the proposed Avon Municipal Code Amendments, based on the findings in Sections §7.16.040, Code Text Amendments, and §7.16.01 O ftl ) General Criteria (for an application), as presented and outlined in the Staff report." Thank you, Jena ATTACHMENT A: Proposed Code Text Amendments CTA24002 Code Text Amendments April 16, 2025 Page 6 of 6 ATTACHMENT A CTA24002 — Code Text Amendments Staff received direction from Town Council to amend several provisions within the Avon Municipal Code in 2023. The following is a summary table of the proposed (general) amendments, and which Title and Chapters are being affected by this application: TITLE 7 Development Code CHAPTER 7.08 Definitions The proposed amendments to this section add definitions absent within the code, modernizes certain definitions, or updates definitions clarifying the intention and purpose of these terms. CHAPTER 7.16 Development The proposed amendments to this section help clarify processes, Review Procedures brings consistency to the terms and language used within this section, updates language reflecting modern best practices, and adds new or missing processes like the amendment of the Town Core Boundary Map to Title 7. Additional revisions update and bring consistency to the language used in findings or adds "missing" information for amendments to the Comp Plan Subdivision Plats, and Special Review Uses. Staff is also modifying Alternative Design Equivalent Compliance to become simply Alternative Design. CHAPTER 7.20 - Zone Districts This section is being amended to address objects that are commonly and Official Zoning Map permitted in setbacks in all jurisdictions and or are commonly found on Avon properties as a customary installation (e.g. air conditioning units), but it is not clear what the placement parameters include. As properties redevelop, they will typically max out square footage, leaving little room for things like mechanical equipment. This is especially important with technological changes including battery storage for EV chargers, and clarifies that certain landscaping features like patios, are now being acknowledged with clarity. CHAPTER 7.24 - Use This section is being amended to clarify permit parameters and the Regulations clarification of certain uses that necessitate a greater level of review pursuant to the Table of Allowed Uses. Specifically, this section is being amended to accommodate Family Child Care Home, as State statutes have changed demanding this use be a permitted use in all applicable zone districts. CHAPTER 7.28 - Development This section is being amended to update references to exterior Standards equipment and objects requiring screening, and an outdated requirement for wind speeds affecting fences. Additionally, due to a litany of requests for roof pitch proposals requiring an AEC, modification to roof pitches. CHAPTER 7.32 - Engineering This section is being amended to remove the term Paved, as it is a Improvement Standards misnomer. CHAPTER 7.34 - Sign Code This section is being amended to clarify, reorganize information in a logical fashion, and to ensure Avon visually remains relevant. TITLE 8 Health and Safety CHAPTER 8.24 - Public This section is being amended as the term "paved" was misleading, Nuisances much like in Chapter 7.32 ATTACHMENT A 7.24.040 TABLE OF This section is being amended to update and modernize common ALLOWED USES uses (includes reorganization and the expansion of where some uses are permitted), language, and simplification of types of uses. Also for review, removal of certain uses not yet established in Avon, thought not to be in the best interest of the Town moving forward with consideration of sustainable design e.. retail drive thru use). APPENDIX 7-C Plat New section providing Surveyors with the appropriate and consistent Certificates NEW verbiage for plat notes. ATTACHMENT A Proposed Amendments — TABLE OF CONTENTS CHAPTER 7.08 DEFINITIONS......................................................................................................................1 7.08.010 General Definitions.......................................................................................................................1 CHAPTER 7.16 DEVELOPMENT REVIEW PROCEDURES......................................................................26 7.16.010 Purpose.......................................................................................................................................26 Table 7.16-1: Development Review Procedures and Review Authority ................................................ 27 7.16.020 General Procedures And Requirements...................................................................................28 7.16.030 Comprehensive Plan Amendment............................................................................................. 34 7.16.040 Code Text Amendment............................................................................................................... 35 7.16.045 Town Core Boundary Overlay (NEW)........................................................................................35 7.16.050 Rezonings....................................................................................................................................36 7.16.060 Planned Unit Development(PUD)..............................................................................................38 7.16.070 Subdivisions...............................................................................................................................47 7.16.080 Development Plan....................................................................................................................... 54 7.16.100 Special Review Use.................................................................................................................... 57 7.16.110 Variance.......................................................................................................................................59 7.16.120 Alternative Design equivalent nnMplianGe...............................................................................60 7.16.130 Right -Of -Way Vacation...............................................................................................................61 7.16.140 Vested Property Right................................................................................................................ 62 7.16.150 Location, Character And Extent................................................................................................ 66 7.16.160 Sign Plan..................................................................................................................................... 67 CHAPTER 7.20 - ZONE DISTRICTS AND OFFICIAL ZONING MAP........................................................69 7.20.085 Mixed -Use and Commercial Districts Encroachment Provisions (NEW)...............................69 CHAPTER 7.24 - USE REGULATIONS......................................................................................................72 7.24.050 - Use -specific Regulations..........................................................................................................72 7.24.060 Special Review Uses.................................................................................................................. 73 CHAPTER 7.28 - DEVELOPMENT STANDARDS......................................................................................78 7.28.030 Access Drive Requirements......................................................................................................78 7.28.060 Screening....................................................................................................................................81 ATTACHMENT A 7.28.080 Fences......................................................................................................................................... 83 7.28.090 Design Standards.......................................................................................................................83 CHAPTER 7.32 - ENGINEERING IMPROVEMENT STANDARDS............................................................85 7.32.040 — Raved tTrail design.................................................................................................................. 85 CHAPTER 7.34 - SIGN CODE....................................................................................................................85 7.34.010 Sign Code....................................................................................................................................85 CHAPTER 8.24 - PUBLIC NUISANCES...................................................................................................101 8.24.065 Driveways must he r,a„erl Surface..........................................................................................101 7.24.040 Table of Allowed Uses..............................................................................................................103 APPENDIX 7-C PLAT CERTIFICATES (NEW).........................................................................................109 ATTACHMENT A CHAPTER 7.08 Definitions The proposed amendments to this section add definitions absent within the code, modernizes certain definitions, or updates definitions clarifying the intention and purpose of these terms. 7.08.010 General Definitions The terms in this Section shall be defined as stated in this Section. The rules of interpretation stated in Section 7.04.040, Interpretation, shall apply to the interpretation and application of the definitions in this Section. Access means the place- or pathway, means or way by which pedestrians and vehicles shall have adequate, usable and legal ingress and egress to property, use or parking space. Access grade means the slope of a road, street, driveway or other means of access, as measured from the edge of asphalt along the centerline of the means of access. Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use. Accessory structure means a subordinate building that is located on the same lot on which the main building is situated, and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental. Accommodation or accommodation unit means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than six hundred (600) square feet. For the purposes of calculating allowable units per acre or density, each accommodation unit shall be counted as one-third of a dwelling unit, except as set forth in the definition of dwelling unit herein. Adjacent means meeting or touching at some point or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space. Adjacent property owner means an owner of record of any estate, right or interest in real property abutting and within three hundred (300) feet of the subject property. Alley means a minor or secondary way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Alteration means any change, addition or modification in construction, occupancy or use or change in the exterior materials or design which is inconsistent with an approved design. Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel. Annual high watermark means the visible line on the edge of a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 1 of 112 ATTACHMENT A interval of one [1 ] year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. Applicant means an owner of real property, the owner's representative or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Appurtenances are the visible, functional or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Automobile repair shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile repair shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof -like cover of canvas or other material extending in front of a doorway or window or over a deck, to provide protection from the sun or rain. Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling and over four (4) feet above the existing ground level. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1430 and VE that indicates the water surface elevation resulting from a flood that has a one -percent chance of equaling or exceeding that level in any given year. Basement means the definition of basement as set forth in the most recent version of the International Building Code adopted by the Town. Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Berm means a mound of earth used to screen or separate one (1) area from another to reduce visual, noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound. Best Management Practice (BMP) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures and practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 2 of 112 ATTACHMENT A Blank wall means an exterior building wall with no openings and a single material and uniform texture on a single plane. Block means a unit of land or a group of lots, bounded by streets or by a combination of streets and public lands or other rights -of -way other than an alley, waterways or any barrier to the continuity of development or land which is designated as a block on any recorded subdivision plat. Boarding means Buildable area means the area of any site, lot, parcel or any portion thereof which does not contain land under water, public rights -of -way, areas in excess of forty percent (40%) slope or other constraints which restrict the physical ability or legal right to build on the property. Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and a roof. Building Code means the building codes adopted in Title 15 of this Municipal Code, as may be amended. Building envelopes means portions of a lot within which all buildings are confined and is delineated on a plat; a specified area that does not alter or otherwise affect existing setbacks or easements. Building frontage means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a primary entrance to the building. Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof or sloping roof to the existing grade or finished grade directly below said point. This area intentionally left blank Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 3 of 112 ATTACHMENT A Maximum Building Height Interior Section *Not to scale Maximum Building E D E X Maximum Building Height Exterior Section Showing Envelope Imaginary line runs *Not to scale parallel to existing grade limiting building height ` �� Area exceeding height limitation when measured to finished exterior grade measurements .11 inal / ting ide Proposed Grade Original / i Existing Grade 7].:L[:LjJ Proposed R Grade at walkout Bus shelter means a facility or area which provides protection from the weather to persons who are waiting to board a publicly owned or franchised bus. Bus stop means a facility for the loading and discharging of bus passengers. Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four -inch caliper size and as measured at twelve (12) inches above the ground for larger sizes. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 4 of 112 ATTACHMENT A Carport means a structure attached or made a part of the main structure and that is open to the outside on at least two (2) sides for the purpose of sheltering motor -driven vehicles used by occupants of the main structure. Cash -in -lieu (also known as fee -in -lieu) means that the payment of funds to the Town instead of the dedication of real property interest when the Council determines that the dedication of real property interest is not practical or as beneficial as payment of cash -in -lieu of land dedication. Payment of cash -in -lieu shall comply with the following requirements unless otherwise provided for by this Code: (a) Payment shall be based on the fair market value of the entire property based on the per square foot value of the property with the requested development approval that requires dedication of land or cash -in -lieu. (b) The value of the land shall be based upon an amount negotiated between the Town and the applicant taking into consideration sales of comparable properties. In the event that the Town and the applicant are not able to negotiate a mutually acceptable per square foot value for cash - in -lieu of dedication of land, the applicant shall provide an appraisal to the Town at the applicant's cost for consideration by the Council. The Council may accept the applicant's proposed appraised value or may reject the applicant's proposed appraised value and commission an independent appraisal which shall be paid by the applicant. The Council shall then use the appraised value as set forth by the appraisal commission by the Town. (c) Combination of dedication and cash -in -lieu: (1) The applicant, at the option of the Council, may meet the dedication requirements through a combination of cash -in -lieu and land dedication in those cases where a portion of the dedication of land is not desired. (2) The value of the combination of both the land dedication and the cash -in -lieu of land shall not exceed the full market value of the total required dedication of sites and land areas. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of, such cemetery. Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty -four -hour -per -day care for dependent and neglected children, but specifically excludes any family care home as defined in this Code. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades so long as the school system is not also providing extended day services. Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 5 of 112 ATTACHMENT A or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions. Common element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common open space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Community Housing means the definition of Community Housing as set forth in Avon Municipal Code Section 3.14.020. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time, provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project which does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also Section 38-30.5-102, C.R.S. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 6 of 112 ATTACHMENT A Construction (activity) means work done on a job site that alters the existing conditions of a property. Construction staging plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage and construction trailer location, as applicable. The staging plan may be combined on the same plan sheet as the pollution control plan. Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area, which sells everyday goods and services which may include, without limitation, ready -to - eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Critical facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Sign r Critical wildlife habitat and migration corridors means areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce. Crosswalk means a pathway delineated on a street for pedestrians to cross. Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of traffic movement. Dedicated real property interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency. Density, dwelling units per acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per - acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design standard means any standard that sets forth specific requirements for development improvements. Detention basin means a man-made or natural water collector facility designed to collect surface and sub -surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 7 of 112 ATTACHMENT A Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: (1) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right -of way; (2) Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights -of -way, any mains, pipes, cables, utility tunnels, power lines, towers, poles or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic generating activity; (3) The maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; (4) The use of any land for an agricultural activity; (5) A change in the ownership or form of ownership of any parcel or structure; or Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 8 of 112 ATTACHMENT A (6) The creation or termination of rights of access, easements, covenants concerning development of land or other rights in land. Development plan, major means all new building construction over six hundred (600) square feet and as further defined in Section 7.16.080. Development plan, minor means all new building construction six hundred (600) square feet or less and as further defined in Section 7.16.080. Development plan, PUD means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include and need not be limited to easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas and parking facilities; and common open space and other public facilities as further defined in Section 7.16.060. Director means the Director of the Community Development Department of the Town of Avon, as such person is designated by the Town Manager. District means a section or sections of the incorporated area of the Town for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein. Drainage (system) means a built system of pipes, channels or trenches or finished grades utilized to convey stormwater runoff. Drive aisle means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service. Drive-in use means an establishment which, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road. Dwelling means a building or portion thereof, used exclusively for residential occupancy, including single-family dwellings, duplex and multi -family dwellings. Dwelling, apartment means a room or suite of rooms in a multi -family structure that is arranged, designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only. Dwelling, duplex means a building occupied by two (2) families living independently of each other. Dwelling, live/work means an attached dwelling unit that contains a commercial component of not more than a specified percentage of the unit's gross floor area. Dwelling, multi -family means a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations. Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not including mobile home, otherwise provided herein. Dwelling, timeshare, interval ownership or fractional fee ownership means any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four (4) persons (ownership of an interest in joint tenancy by two [2] persons being considered one [1] person for the Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 9 of 112 ATTACHMENT A purpose of this Section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others). Timesharing unit includes, but is not limited to, a timeshare estate as defined in Section 38-33-110, C.R.S. Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, duplex or multi -family dwelling or mixed -use building. Eagle Valley means the area between Vail, Redcliff, and Dotsero; not including Burns, Bond, or McCoy. Easement means an ownership interest in real property entitling the holder thereof to use, but not possession, of that real property for one (1) or more specific purposes, public or private. Efficiency kitchen means a portion of a room within an accommodation unit or dwelling that may contain a sink, refrigerator, dishwasher, microwave oven, cooktop, wet bar or similar facility but expressly not a stove or oven. Stub -outs for natural gas, propane or 220-V electric hookups are not allowed. Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee housing means that housing used exclusively for persons employed in Eagle County. Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridge lines. EV means a vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source or charger. EVSE or electric vehicle supply equipment means the equipment or hardware used to supply electricity to electric vehicles for the purpose of recharging their batteries (also known as electric vehicle chargers, charging stations, or electric vehicle ports) Family— see Household means an individual living alone or either of the fnllnuinn nrnnnc living together as a single housekeeping unit and sharing GOmmon living, sleeping, Gooking and eatiing faGI+ties: (a) Any number group of related persons by blood, marriage, adoption, guardianship or other duly authorized GUstodial relationship group of persons and not more than ene-M additional personi (b) Any unrelated group of persons subjeGt tO the OGGUpanGy limitations of two (2) adults per bedroom, for a maximum of eight (8) adults and their nhildren e • or (C) Not more than eight (8) developmentally disabled persons and appropriate st OGGUpy*ng a dwelling unit and living as a single, nonprofit housekeeping U Family child care home means a private residence in a single unit dwelling or dwelling unit in a multiple unit dwelling for the purpose of providing care for not more than twelve (12) children, and operated by a person who resides in the same dwelling unit, where the care is provided for periods of less than Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 10 of 112 ATTACHMENT A twenty-four hours of care per day fac#ity for child care in a place of residence of a family or person for the purpose of providing lees than twenty -four-hour care for childrren under the age of eighteen (18) homes,years who are not related to the head of suGh home. Family child care home may homes, other types of family Ghild Gare homes designated by rules of the State Department of So . . Farm animal means animals commonly raised or kept in an agricultural, rather than an urban, environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or (c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as earth carried by a current of water and deposited along the path of the current. Flood Insurance Rate Map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding courses that can be used to determine BFE for some areas. Floodplain or flood prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5) foot. Footprint, also called ground level footprint, means the outline of the total area which is covered by a building's perimeter at ground level. Foster care home means a facility that is certified by the County Department of Social Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty -four-hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 11 of 112 ATTACHMENT A Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance, and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public. Garage, parking means a building or portion thereof, either public or private, used only for the parking of motor vehicles. Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government services, offices and facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to employment offices, public assistance offices or motor vehicle licensing and registration services. Grade, existing means the existing topography of a site prior to construction and may include natural or man-made conditions. Grade, finished means the final elevation of the ground surface after development. Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations. Greenspace means a ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket. Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet. Gross residential floor area (GRFA) means the total square footage of all horizontal areas in residential structures existing on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes) for single family, duplexes, and townhomes, but not those residential units that have been condominiumized with common area being considered as the exterior of these units. Floor area shall include, but not be limited to, stairwells at each level, lofts; storage areas, basements and crawl spaces with a ceiling height of 5 feet or greater, and other similar areas. Non - habitable garages; attics; ceilings vaulted or open to below spaces; storage areas, basements and crawl spaces with a ceiling height of less than 5 feet; and roofed or covered decks, porches, terraces or patios shall not be included as floor area. Gross floor area (GSFJ means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. Group home, developmentally disabled means a group home, licensed by the State, for the exclusive use of not more than eight (8) developmentally disabled persons and the appropriate staff. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 12 of 112 ATTACHMENT A Group home, elderly means an owner -occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older and the appropriate staff. (a) Nonprofit group home means a group home for the aged which is owned and operated by a person or organization as provided by 31-23-303, C.R.S., 1973. (b) Owner -occupied group home means a group home for the aged which is owned and operated by an individual or individuals who actually reside at and maintain their primary place of residence in the group home. Group home, mentally ill means a group home, licensed by the State, for the exclusive use of not more than eight (8) mentally ill persons and the appropriate staff. Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities. Habitable means any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area. Hard line drawing means an architectural or engineering drawing produced by the use of computer - aided graphics or other mechanical implement, that does not represent free -hand drawing. Highway corridor means the area within one thousand five hundred (1,500) feet of the rights -of -way of the state highway. Historic and/or cultural landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Historic Preservation Advisory Committee means a five -person advisory committee appointed by the Council to make recommendations and findings regarding historic sites, structures or features in the Town. Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit. Home office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue or any activity associated with a nonprofit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person to enter the property on which the dwelling unit is located; (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes or county health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. HomeoOwners association means the association set up to enforce the covenants and maintain all common areas and buildings for a residential or commercial development (also known as ^,^,n L oocnnia inn, coo also Drooeily QKnnro noonniagon) (Note: will be moved "0" upon approval) Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 13 of 112 ATTACHMENT A Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out -patient departments, training and central services facilities and staff offices. Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group of rooms used primarily for short-term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses, such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Household means an individual living alone or any group of persons living together as a single housekeeping unit and sharing common living, sleeping, cooking, ooking, and eating facilities, and includes: (a) One or more persons who are or are not related by blood, marriage, adoption, or legal quardianship that are living together in a dwelling unit; (b) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwellinq unit and livin as s a single, nonprofit housekeeping unit. Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and avoid overwatering. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminals, public works yard, container storage). Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petro-chemical industries, rubber refining, primary metal or related industries. Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops. rable vehicle means a condition of beina iunked. wrecked. whollv or Dartiallv dismantled discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally built. Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively. Inter -neighborhood connection means connections (such as trails and roads) between neighborhoods. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 14 of 112 ATTACHMENT A Intra-neighborhood connection means connections (such as trails and roads) within the same neighborhood. Irrigation ditch or canal means a channel or pipeline designed to transport irrigation water. Junk means any waste, scrap, surplus, or discarded material other than that classified by the State of Colorado as sewage. Junk vehicle, see "Inoperable". Junk yard means a parcel of land, or portion thereof, used for the collecting, storage or sale of junk, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, regardless, if such uses are conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located on a property, for (agricultural) use on the same property. Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as business. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family, which contains a sink and a stove, cooktop or oven powered by either natural gas, propane or 220-V electric hook-up. Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking food. Landowner means any owner of a legal or equitable interest in real property and includes the heirs, successors and assign of such ownership interests. Landscape area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground cover, native grasses, flowers or lawns; natural features and nonliving ground cover, such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include paved walkways or parking areas. Landscaping means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which i+ is situated and innli i -, using vegetative materials. stone. walls. fences. or similar. (a) coreenine by fenoec walls or other rn- ja-7�i rc�rmq--g-p--rcrrc� ca ,�vairso�mcr-rrrcarrr, h1 the nlnnfingq eftreS_heges shrubs o�??• /o\ the formation of hanks terraGeQ or other earthworks (d) the lavine of it er nroyicion of earn rtc squares, water features, cos ilnti ire or p ihlin art; onrJ A,-Qei�s-C�i�rro ,vcrccr. c c-crrrzrna (e) the provision of ether amenity feats irec Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. Large retail establishment means a retail establishment or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 15 of 112 ATTACHMENT A physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading space means an off-street space or berth on the same lot with a building or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. Long-term care facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Intermediate health care facility means a health -related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who, because of a physical or mental condition or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty -four -hour -per -day nursing services are required. (c) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty -four -hour -per -day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty -four -hour - per -day nursing services under the direction of a registered professional nurse employed full time. Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one (1) public street and held under separate ownership. Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot line, front means the property line dividing a lot from a street. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 16 of 112 ATTACHMENT A Lot line, rear means the line opposite the front lot line. Lot line, side means any lot lines other than the front lot line or rear lot line. Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood -resistance enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; (d) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (e) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Medical marijuana business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for medical marijuana centers, manufacturing of medical marijuana -infused products, or optional premises, as such terms are defined by Section 12-43.3-104, C.R.S., regardless of whether any such use described herein is for profit or not for profit. Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis and which is designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards: (a) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (b) Is permanently affixed to and installed on an engineered, permanent perimeter foundation; (c) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 17 of 112 ATTACHMENT A (d) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints and peripheral open space areas. Native plant means an indigenous terrestrial and aquatic species that occurs naturally in a�au�ar Avon's montane region, ecosystem, and habitat. Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens and any wetland area. Non -developable means a delineated area as established by the Town where no development shall occur without approval from the Town of Avon. Areas are physically undisturbed and in their present or natural state. Exceptions to this provision may include access, utility, and drainage easements or similar encumbrances, and wildfire or geologic hazard mitigation. (See also Development) Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction. Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time. Occupancy limitation means the maximum number of persons nnni Ipying eonh dwelling unit, net eXG8ed'nq one person for a dwellin i M with between 150 and 250 square feet of habitable snare -,Plus ene additional person fer-e_arh gdditlenal 100-square feet ef habitable spaGe-abeve 2_50 square feet, or, net eXGeed'nq the maximum permitted by e annlinahle adopted Building Gode er safetY Gede er by any housing nolir+ies or deed restrir++inns annlirahle to the dwellinn unit. who may occupy a dwelling unit shall be calculated in accordance with Table 1004.5 of the Town's adopted International Building Code (IBC), based on an occupant load factor of one (1) occupant per 200 gross square feet of finished floor area. Gross square footage shall include all enclosed and conditioned residential living space within the unit, excluding garages, crawl spaces, and unfinished basements. Nothing in this section prohibits a property owner or landlord from establishing more restrictive occupancy limits by private lease agreement, provided such limits comply with all applicable fair housing laws. Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and other bulk items or public streets and rights -of -way. Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form and protecting areas of agricultural, archeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off - Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 18 of 112 ATTACHMENT A street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public. Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi- trailers may not be used for residential or storage uses, except on construction sites. Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel for access, parking and drainage purposes. Owner means the owner of a real property interest which is the subject of and which would be benefitted by a proposed development application. Owner shall include the fee title owner of record according to the office of the Eagle County Assessor, by a legal title opinion or by a title insurance commitment. Owner shall also include other persons who, by partnership, joint venture, contractual relationship or other association, have a ten percent (10%) or greater equity interest in the property or in the owner of record, or who have a contractual right to receive or obtain a defined portion of the property upon approval of a development application by the Town. Parcel means a tract or plot of land. Park means an area open to the general public and reserved for recreational, educational or scenic purposes. Parking, commercial means a parking lot, structure or garage that does not provide accessory parking to a specific building or use, is available for parking by the general public for a fee, may include reserved parking spaces and which is owned by a private, nongovernmental entity. Parking, public means a parking lot, structure or garage that is available for parking by the general public and which is owned by the Town or a quasi -governmental entity approved by the Town or approved by Eagle County. P.E. stamped design means a design that is stamped, signed and dated by a Colorado registered professional engineer. Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian. Person means a natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity. Personal services means establishments that orovide nonmedically related services, includina beau and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses maV also include accessory retail sales of products related to the services provided Phase means a portion of property that is being platted and engineered for development at the same time. Phasinq plan means a graphic and narrative document that displays the sequence and/or timing of intended development. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 19 of 112 ATTACHMENT A Plan means the map and supporting documentation for a development which includes, but is not limited to, lots, blocks, easements, rights -of -way, pedestrian ways, park and school sites, open space areas and conservation areas in accordance with the requirements of this Code. Planned unit development (PUD) means an area of land, controlled by one (1) or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations. Planning and Zoning Commission or PZC means the Planning and Zoning Commission formed and appointed by the Council in accordance with Chapter 7.12 of the Development Code. Planning area boundary means the area surrounding the Town that the Town will consider annexing and developing. The planning area boundary is delineated on the Land Use Map in the Town Comprehensive Plan. Plat means a map of certain described land prepared by a licensed surveyor in accordance with the requirements of this Code and Section 38-5- 06, Title 38, Article 51 C.R.S. as amended, as an instrument for the recording of real estate interests with the County Clerk and Recorder (also known as a subdivision plat or condominium map, depending on the intent of the process). Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use. Private property right means the rights of a property owner within the Town to use on their property within the legal parameters set forth in this Code and subject to applicable state, federal and constitutional law. Nothing herein guarantees any private property rights to develop in a particular manner except pursuant to a valid vested right. Proof of ownership means ownership as specified in a current title insurance commitment or policy or certification of title, issued by a title insurance company licensed by the State of Colorado. Property means all real property subject to land use regulation by the Town. Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts. Property Management is a land use category for development that is a hybrid of a condominium and hotel, by being operated as a commercial hotel even though the units are individually owned. Public area means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the Town and fee title is vested in the Town, other public body or a special district as defined in Section 32-1-103 C.R.S. Public benefit means a benefit which promotes a goal, intent or policy of the Avon Comprehensive Plan, a benefit which implements a public improvement identified in the Avon Capital Improvements Plan or Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 20 of 112 ATTACHMENT A a benefit which is realized by superior or innovative site design, building design or architecture which substantially exceeds the Town's minimum design and development standards; and, which means a benefit that is realized by the general public of the Avon Community. Public facility means those constructed facilities, including but not limited to transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities and publicly owned buildings or facilities. Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions. Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public. Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas wells, as well as their appurtenances or other hazards to the public. Public school means a free, tax -supported school that is controlled and operated by the school district of the State of Colorado Public use means uses which are owned by and operated for the public by the Town, County, state or federal governments or by school districts. Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities. Quasi -public means having the nature or characteristics of being public, but owned by a private, nongovernmental or not -for -profit entity. Recreational vehicle (RV) means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle: (a) Camping trailer or tent trailer means a folding structure, constructed of canvas plastic or similar water repellent material designed to be mounted on wheels and designed for travel and recreation. (b) Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses and constructed as an integral part of a self-propelled vehicle. (c) Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation. (d) Tent means a portable or temporary cover or shelter, with or without side panels, which is supported by poles and is made of canvas, plastic or similar materials. (e) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 21 of 112 ATTACHMENT A (f) Travel trailer, self-contained means a trailer which can operate independently of connections to sewer, water and electric systems. It contains a water -flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. Recycling facility, drop-off means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited. Recycling facility, indoor means the same definition as recycling facility, drop-off, but is entirely located within a building or structure and may include sorting, crushing, separating, or similar. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads, untreated metal, and luminous paint. Residential use means the use of a building or other structure as a dwelling. Restaurant, drive -through means any establishment in which the principal business is the sale of foods and beverages to the customer in a ready -to -consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. Restaurant, fast food means any establishment in which the principal business is the sale of food and beverages to the customer in a ready -to -consume state and in which the design or principal method of operation includes the following characteristics: (a) Food and beverages are usually served in paper, plastic or other disposable containers; (b) The consumption of food and beverages is encouraged or permitted within the restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building or for carry -out; and (c) Drive -through facilities are allowed, subject to review of traffic patterns, vehicle stacking areas and entrance and exit locations. Restaurant, standard means any establishment in which the principal business is the sale of food and beverages to customers in a ready -to -consume state; where fermented malt beverages and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation includes one (1) or both of the following characteristics: (a) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; or (b) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the restaurant building. Re -subdivision means the changing of any existing lot or lots, street rights -of -way or easements of a subdivision plat previously recorded with the County Clerk and Recorder. Retail -ready means space constructed at a minimum interior height of twelve (12) feet may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail -ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/ commercial uses accordingly. Such considerations for determining if a Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 22 of 112 ATTACHMENT A space is retail -ready include but are not limited to: independent ventilation; a concrete pad above the space; placement of utilities; integrated trash storage facilities; and architectural features including terracing, stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base. Retention basin means a pond, pool or basin used for permanent storage of water runoff. Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term right-of-way for land platting purposes shall mean that every right -of way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights -of -way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established. Sanitary facility means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these units. Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located, except on properties where the street extends beyond the property line. In these instances the setback shall be measured from the edge of asphalt or walkway, whichever is more restrictive. Setback, front yard means the distance a building or structure must be placed from the front lot line. Setback, rear yard means the distance a building or structure must be placed from the rear lot line. Setback, side yard means the distance a building or structure must be placed from the side lot line. Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by pedestrians and/or bicyclists. Sight distance triangle means the area at an intersection to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. Signiftan(w#dfife habitat and migration Gorr4dors means areas designated by the Colorado Division of Wildlife andlor the Colorado Natural Diversity Information SourGe as areas of landSGape that provide food, Gover and water SUffiGient to meet the needs of a given speGies to survive and reprodUGe. Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements. Site specific development plan means the final plat of a subdivision or final development plan of a PUD (planned unit development) when approved by the Council pursuant to all applicable sections of this Development Code. Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term slope. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 23 of 112 ATTACHMENT A Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one -percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture and signage. Self -storage means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Storage, warehouse means facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, and may be affiliated with nuisances such as dust, noise, and odors, but not involved in manufacturing or production. Structure means a combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining. Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before start of construction of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or (b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right in front of the other and the front car cannot move until the back car is moved. Temporary use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use and shall not include continuing a nonconforming use or building. Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed -Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, including certain residential parcels as shown. See the Town Core Map. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 24 of 112 ATTACHMENT A Transparency means the use of doors and windows to establish scale, variation, and patterns on building facades to provide visual interest and reflect the uses within the building. Trip, vehicle means a single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time. Use means the purpose for which land or a building is designated, arranged or intended or for which it either is or may be occupied or maintained. USGS datum means United States Geological Survey basis of elevations. Vacation club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the County Tax Assessor, of a building containing one (1) or more units which meet the definition of dwelling, timeshare, interval ownership or fractional fee ownership, and it permits possession of such dwelling by its members and/or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity. Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses and groundcover. Vehicle major repair, servicing and maintenance means any building or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products. Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, pursuant to Section 7.16.140, Vested Property Right. Walkable means a distance of one -quarter ('/4) mile or within a five- to ten-minute walk. Walkway means: (a) A right-of-way or easement dedicated to public use that is not within a street right -of way, to facilitate pedestrian access through a property by means of a hard surface path. (b) Any portion of a parking area restricted to the exclusive use of pedestrian travel. Wholesale business means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial or retail use. Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunication equipment also includes a ground -mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 25 of 112 ATTACHMENT A Wireless telecommunication facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services. Wireless telecommunication service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone. Zone district means a zone district of the Town as established in Chapter 7.20 of this Code, unless the term is used in a context that clearly indicates that the term is meant to include both the zone districts of the Town and the zone districts of an adjoining governmental jurisdiction, also referred to as zoning district. Zoning Map means the official zoning map adopted by the Town by ordinance, as amended. CHAPTER 7.16 Development Review Procedures The proposed amendments to this section help clarify processes, brings consistency to the terms and language used within this section, updates language reflecting modern best practices, and adds new or missing processes like the amendment of the Town Core Boundary Map to Title 7. 7.16.010 Purpose This Chapter contains regulations and the procedures for development applications. Section 7.16.020 below contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the specific review and approval procedures of this Chapter, with Section references. This area intentionally left blank Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 26 of 112 ATTACHMENT A Table 7.16-1: Development Review Procedures and Review Authority R = Review/Recommendations; H = Public Hearing; D = Decision; A = Appeal; M = Mailed Notice Procedure Notice Requirements* Director PZC TC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment 7.16.040 R H-R H-D Town Core Bounda Map Amendment LkL16.0451 M i= i� # Rezoning 7.16.050 M R H-R H-D Planned Unit Development Administrative PUD D A Minor PUD Amendment M R H-R H-D (§7.16.060) Lot Split PUD Amendment for Wildrid e PUD M R H-R H-D Major PUD Amendment M R H-R H-D Preliminary PUD M R H-R H-D Final PUD M R H H-D Revocation H C Subdivision (§7.16.070) n4m; Minor Subdivision 8 A Preliminary Plan I M R H-R H-D Final Plan M R H-D Development Plan Minor D or R H-D A Major R H-D A (§7.16.080) Major in Town Core R H-R H-D Special Review Use 7.16.100 M R H-D A Temporary Use (67.24.080 H-D Variance (§7.16.110) M R H-D A Alternative Equivalent Gem 4a-PGe Design §7.16.120 R R-D or R A or R-D Right-of-way Vacation 7.16.130 M R H-D Vested Property Right 7.16.040 M R H-R H-D Location, Character and Extent 7.16.150 R H-D A Sign Plan Minor D or R H-D A (§7.16.160) Major R H-D A Development Bonus 7.16.170 M R H-R H-D Appeal 7.16.180 H-D Annexation 7.36 M R H-R H-D 1041 Permit 7.40 R H-R H-D Historic and/or Cultural Preservation Designated 7.50 H-D *All Public Hearings require published notice, per 7.16.020(d) (Ord. 22-15 , § 2(Exh. A), Ord. 21-09 §3; Ord. 18-19 , §4; Ord. 17-05 §4; Ord. 2015-11 §2; Ord. 14-09 §2 ; Ord. 13-14 §2; Ord. 13-09 §2) Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 27 of 112 ATTACHMENT A 7.16.020 General Procedures And Requirements The following procedures shall apply to all development applications which are reviewed under this Chapter. (a) Step 1: Pre -application Conference. A pre -application conference is required for all development applications unless waived by the Director. The pre -application conference serves to assist the applicant with (1) identifying information which must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues and (5) determining appropriate fees. The Director may include other Town representatives in the pre -application conference as deemed appropriate. (1) The applicant shall provide sufficient information to the Director at least five (5) business days prior to a scheduled pre -application conference, unless such time frame is waived by the Director. (1) Minimum information shall include applicant information, property description, description of the proposed development or nature of the development application and conceptual site plans or drawings which illustrate the nature of the development application. 'ii The Director may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre -application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre -application conference. The Director may provide a written letter after the pre -application conference summarizing application submittal requirements, review procedures, development standards, planning issues and required fees. The informal evaluation of the Director and staff provided at the pre - application conference are not binding upon the applicant or the Town. Critical issues relevant to a development application may not be apparent at the pre -application conference and may require additional review, submissions or studies later in the application process. (b) Step 2: Application Submittal. (1) Applicant. The owner of real property or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town. (2) Application Submittal Requirements. The applicant shall submit the application to the Director. Application submittal requirements for every application type shall be available establisher! hi +he DoreGtor on submittal forms available On the Administrative Manual from the Department Gf Community Development-Gr on the Town's website. i} The Director may adopt standards and requirements for three-dimensional electronic and graphic information for application submittal requirements. The Director may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the Planning and Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 28 of 101 ATTACHMENT A Zoning Commission or Town Council from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include: (WA. Completed application forms; O+g. Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant; WC. An electronic Title ,ns ec GCommitment which has been updated dated within sixty (60) days of the application. If the Title Commitment does not contain live document links, a copy of the Commitment submittal shall be accompanied ak g with copies of all documents listed in the Exceptions; (4Q. Legal description of the property subject to the development application; ( E. Development application review fees; and WF. Recent Survey executed no more than three (3) years eW (r stamped by a surveyor licensed in the State of Colorado. The preferred survey type (minimum) includes a plat, Information Location Certificate (ILC), or Alta. Survey must reflect current conditions of the subject property. G. For Subdivision applications: Closing calculations, as supplied by the applicant surveyor. (3) Required Studies and Reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant's sole expense. The Town may require independent peer review of any report or study provided by the applicant. La. The applicant and the Town may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the Director and set forth in the Administrative Manual. (4) Concurrent Review Permitted. Where multiple development applications concern the same property, the Director may permit concurrent review of the development applications for efficiency and practicality. (5) Multiple Applications. A single property shall not be permitted to have more than one (1) application of the same type being processed concurrently. (6) Fees. Fees shall be paid in accordance with Section 7.04.100, Fees. (c) Step 3: Application Processing. (1) Determination of Completeness. A development application shall be reviewed for completeness by the Director within ten (10) business days after r,eGeipt acceptance of an application. If the application is determined to not be complete, then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 29 of 101 ATTACHMENT A that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the Town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the Director that the application is incomplete may be appealed to the Town Council in accordance with the procedures in Section 7.16.180, Appeal. (2) Referral to Other Agencies. Development applications may be referred to other agencies for review and comment. i; The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The Planning and Zoning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. (i''), Referral of development applications to other agencies shall provide a minimum time frame for review and comment of fourteen (14) days for development plans, variances, amendments to text of the Development Code and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, rezoning and 1041 permits; however, the time frame for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to: R .Any utility, local improvement or service district or ditch company, when applicable; R13. The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange or other facility; (a+i 1I. The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas and sand and gravel areas that would have a significant impact on the proposed use of the land; and Mp, Any other agency concerned with a matter or area of local interest that could be affected by the application. (3) Staff Review and Report. The Director shall review the application in accordance with the criteria established in this Chapter and shall prepare written findings of fact. If authorized as the decision - making authority, the Director shall inform the applicant in writing of the findings and determination. If not authorized as the decision -making authority, the Director shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision -making authority. (4) Required Processing. Applicants shall be required to continuously and diligently pursue their development applications, which shall include responding in a timely manner to staff comments and requests. An applicant which fails to respond to staff comments or requests for a period of four (4) months shall be administratively withdrawn by the Director unless the Director determines that good cause exists to extend the application time frame and approves such extension in writing. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 30 of 101 ATTACHMENT A (d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning and Zoning Commission and Town Council. (1) Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the Town at least eleven (11) days prior to the hearing date. (2) Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of -a -for development applications including preliminary subdivision, planned unit development, major planned unit development amendments, rezoning, and 1041 permits, as measured from the boundary of the property; or (ii) For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within one hundred 000) feet of the property wReh is the s hieGt of ale&& einnifor development applications including special review use, temporary use, variance, minor planned unit development amendments, or Wildridge Lot Split Amendments, as measured from the boundary of the property. iii If a property within the applicable mailing radius three hundred (400feet thatreguiringes notification is a commercial condominium project or similar, notice may be mailed to the managing agent, registered agent, owner's association, or any member of the board of directors of the project. iv Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. M Mailed notice shall be sent by the Town at the applicant's expense, including a reasonable allocation of labor expense. The Eagle County Assessor's records may be used to determine the addresses of real property owners. The Town shall include a certificate -ion of mailing affidaO in the public record. Mailed notice shall be required for applications as noted in Table 7.16-1. (3) Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map within mailed notices only, made available upon request by Director), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the Director's office during regular business hours for review or inspection by the public, and, a statement that written comments may be submitted to the Community Development Department or the Town Clerk. All required notices shall be approved by the Director prior to posting or distributing. (4) Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. Any person who appears at a public Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 31 of 101 ATTACHMENT A hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision -making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing and posting of notices as required by this Section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision -making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required. (e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, and Town staff has completed Town staff review and referral agencies have had an opportunity to provide comments. (1) The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Town Council may continue a public hearing on its own initiative for a maximum of sixty-five (65) days after the date of the initial public hearing without the consent of the applicant. The PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. The reviewing authority shall have thirty-five (35) days after the close of a public hearing to issue written findings in accordance with Paragraph 7.16.020(f)(3) and adopt a written final record of decision. (f) Step 6: Review and Decision. The following rules shall apply to review, recommendations and decisions conducted at public hearings: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 32 of 101 ATTACHMENT A (2) Authority to Require Additional Studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific consequences or concerns for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation. The results of any study or analysis shall not dictate either approval or disapproval of the proposed project. (3) Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation. (4) Conditions. The reviewing authority may recommend approval or may approve a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety or welfare or where deemed necessary to protect adjacent property or public infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the Town and shall be executed by the applicant. (5) Final Decision. A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to the Town in accordance with Section 7.16.180, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The Town shall man! the written findings and notifiGation of deGision to the appliGant within five (5) working days of the derision of the reviewing authority. The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code, and only a decision of the Town Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any right to legally challenge such decision. (g) Termination of Approval. All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request. The Director and the PZC may provide one (1) extension for a maximum of one (1) year. The Town Council may provide multiple extensions and may provide extensions greater than one (1) year. (Ord. 21-09 §4; Ord. 18-19 , §5; Ord. 13-14 §2; Ord. 13-09 §2; Ord. 11-04 §4; Ord. 10-14 §3) Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 33 of 101 ATTACHMENT A 7.16.030 Comprehensive Plan Amendment This Section sets forth procedures for reviewing proposed amendments to the texts and maps of the Avon Comprehensive Plan, or when adopting sub -area or related/specific area plans that contain recommendations or guidance in more detail than offered in the generalized Comprehensive Plan. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy and to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the Avon Comprehensive Plan shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications to amend the Comprehensive Plan may be initiated by the Town Council, any registered voter of 'in the Town, or any property owner in the Town. (b) Review Authority. The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the Avon Comprehensive Plan after conducting a public hearing. Amendments to the Avon Comprehensive Plan shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall _use the following review criteria to review a Comprehensive Plan Amendment. While these considerations are not definitive criteria, they can serve as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: (1) The surrounding area is compatible with the land use proposed an the plan amendment of the proposed land use provides an essential publiG benefit and other locations are not feasible or praGtiGal• f The land use as proposed in the Plan amendment is compatible with the surrounding area; (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment, if applicable; (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment, if applicable; (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan and current planning and community trends; (6) The proposed plan amendment will aligns or is in conformance with the applicable purposes stated in this Development Code; (7) The proposed plan amendment will consistentlV promote the health, safety or welfare of the Avon Community and will he Gonsistent with the general goals and policies of the Avon Comprehensive Plan,_ (8) The proposed amendment provides a proposed land use that offers an essential or effective public benefit; and (9) The proposed land use is more suitable in the proposed location than elsewhere in Avon. Code Text Amendments May 29, 2025 - DRAFT CTA 24002 Page 34 of 116 ATTACHMENT A (Ord. 13-09 §2; Ord. 10-14 §3) 7.16.040 Code Text Amendment The Town Council may amend the text of the Development Code, including the adoption, modification or replacement of appendices to the Development Code, pursuant to this Section. The purpose of a code text amendment is to address changed conditions, unintended consequences or changes in public policy, to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the text of the Development Code shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications to amend the text of the Development Code may be initiated by the Town Council, any property owner within the Town or any registered elector within the Town. (b) Review Authority. The PZC shall review applications to amend the text of the Development Code and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the text of the Development Code after conducting a public hearing. Amendments to the text of the Development Code shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes or supports the health, safety and general welfare of the Avon community; (2) The text amendment promotes, supports, or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes, supports, or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. (Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3) 7.16.045 Town Core Boundary Overlay (NEW) This Section sets forth Drocedures for reviewina Droaosed amendments to the official Town Core boundary n4ap overlay zone district. The amendment process is established to provide flexibility in response to changing circumstances or rezonings, changes affecting Short Term Rental areas, or to reflect changes in public policy. (a) Review Processdures. Applications to amend the Town Core boundary overlay shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements and 7.16.050 Rezoning procedures and Review Criteria. Applications to amend the Town Core boundary overlav may be initiated by the Town Council. or any DroDerty owner with contiauous DroDerty to the Town Core Code Text Amendments May 29, 2025 - DRAFT CTA 24002 Page 35 of 116 ATTACHMENT A (e b) Town Core Map Boundary. A mop ne larnnr than 8.5 inGhes v 11 innhes delineatinn +hn The Town Core boundary shall be adopted by the Town Council as the official boundary for this area of Avon. This map boundary shall consistently show all properties within this area, and those outside of this area within the limits of the Town of Avon. The neap- boundary shall be readily available for public viewing online or available for the public, upon reque,&t. (1) Administrative updates to the official Town Core boundary in response to the rezoning of properties that are not within Town Core are allowable by the Community Development Director at any time. 7.16.050 Rezonings The boundaries of any zone district may be changed or the zone classification of any parcel of land may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy or that are necessary to advance the general welfare of the Town. (a) Review Procedures. Applications for a rezoning shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications for rezonings may be initiated by the Town Council or the property owner and may not be initiated by any other person. (b) Review Authority. The PZC shall review applications for rezonings and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application for rezonings after conducting a public hearing. Rezonings shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for rezonings: (1) EvidenGe The proposed rezoning is in substantial compliance with the applicable purpose statements of the Development Code; (2) Consistency With the Avon COMPFelhensive Plan; The proposed rezoning is in substantial conformance with the goals, policies, and intents of the Avon Comprehensive Plan; (3) The Rphysical suitability of the land for the proposed development or subdivision is sufficient, if rezoned; (4) The rezoning is Cornpatibilaty compatible with surrounding land uses; (5) Whether the proposed rezoning is justified addresses by changed or changing conditions in the character of the area proposed to be rezoned; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 36 of 112 ATTACHMENT A (6) Whether there are adequate fac;ilities available to serve development for the type and sc;ope suggested by the proposed zone Gompared to the existing zoning, whole Maintain adequate levels of service to existing development, Whether the public facilities available to serve development permitted by the new zoning or the proposed development for the type and scope suggested by the change in zoning remains adequate wok-maintaininn s, iffi6ent and does not decrease the levels of service to neighboring or existing development, as GeMpared t„ the exis inn znnigg (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or, such impacts will be substantially mitigated; (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; (10) IF i0thin an existing PUD, consistenGy with the relevant PUD Master Plan as reflerterl in the approval of the applicable DI Ill• and , (10) The proposed rezoning addresses a demonstrated community need or otherwise results in one or more public benefits that offset potential development impacts, including, but not limited to, Community Housing, childcare facilities, transportation or public infrastructure improvements...; and (11) Adequate mitigation is required for rezoning appliGations whiGh result on greater intensity of land use or OnGreased demands on publoG faGilities and infrastruOure. 11 The proposed rezoning is suitable within the Wildfire Urban Interface (WUI) and does not increase the hazard potential of in an areas or on properties„ with sinnificant wildfire potential with or without mitigation. (d) Mitigation. Rezoning applications which propose a greater intensity of land use or increased demands on public services or infrastructure, or affect property with potential geologic hazards. shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation may include providing dedications of land or cash -in -lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. (Ord. 13-14 §2; Ord. 10-14 §3) Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 37 of 112 ATTACHMENT A 7.16.060 Planned Unit Development (PUD) (a) Purpose. This Section is intended to allow flexible development patterns that permit customization of the standards or requirements, or land uses that are not specifically provided for in this Development Code resulting in a unique development benefitting Avon. It is the purpose of this Section: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on -site characteristics such as, topography, geology, geography, size and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures; (5) To provide for increase the compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space; (7) To minimize adverse geologic hazards or environmental impacts of development; (8) To improve the design, quality and character of new development; and (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. (b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible. All properties within the Town are eligible to apply for PUD approval. (2) Consistency With Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent With PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in Subsection 7.16.060(a). (4) Compatibility With Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 38 of 112 ATTACHMENT A (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects and to ensure compatibility between uses and the surrounding neighborhood. (c) Dimensional and Development Standards. The following dimensional and development standards shall apply to all PUDs. (1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district. If there is no underlying zone district, one shall be established prior to or concurrently with a PUD approval. The rezoning process set forth in Section 7.16.050 shall be used to establish the underlying zone district. (2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted, accessory or special review uses in the underlying zone district. (3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD projects. (d) General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and 2) the final PUD. The final PUD can only be filed with the Town for review and processing after the preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights -of -way or access control, nor shall the filed PUD plan neither be the equivalent of nor substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are outlined below. Coordination With Subdivision Review property,Garroed out c;onrurrently with the review of PUD development plans under this Sec;tion. if subdivision approvall is required for the subjec;t Code, the PUD plans required under this Sec;toon shall be submitted an a form that satisfies the requirements for preliminary and final subdivision plat -a. . . .1 1 . . . ; of this SeGtiOn G0nfIiGt with the the more restriGtive or detailed requirements shall be met, unless speGffifffic;ally altered by the Town Counc;ffil. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision preliminary plans. G^n^t-sSubdivision review as required under Section 7.16.070 should be carried out concurrently with the review of PUD development plans, under this Section. Application materials shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals. If any provisions of this Section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met unless specifically altered by the Town Council. (e) Procedures for Preliminary Planned Unit Development. The general procedures set forth in Section 7.16.020 shall apply to preliminary PUD applications. Where subdivision approval will be requk-ed to implement development in a proposed PUD, the appliGant shall file a single preliminary PUD Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 39 of 112 ATTACHMENT A plan the appliGation requirements of both the PUD and subdivision prelimina-r-y "lam The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Section shall apply to the complete application. (1) Preliminary PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum: (i) A quantitative summary of existing conditions on the subject property; (ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit and a list of temporary uses; (iii) Parking analysis based on proposed uses; (iv) Density of uses proposed; (v) Location of public and private open space; (vi) Location of existing and proposed buildings on the site; (vii) Road, street and pedestrian networks proposed; (viii) Drainage facilities; (ix) Existing or proposed utilities and public services; (x) If development is to be phased, a description of the phase components and timing; (xi) A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code or a statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and (xii) A statement specifying the public benefits to be contained in or associated with the PUD. xiii Identification of any geologic hazards that maV require mitigation. (2) Notice. Where subdivision approval will be required to implement development in a proposed PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements. (3) Reviewing Authority. The PZC shall review -a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a preliminary PUD application after conducting a public hearing. Unless otherwise approved by the Town Council, approval of a preliminary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan. (4) Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or nrenecc a PUD amen dmer.t: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 40 of 112 ATTACHMENT A (i) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments; (ii) The PUD rezoning will promote the public health, safety and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated; (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. (5) Submission Deadline for Final PUD Master Plan. Within six (6) months following approval of the preliminary PUD plan, the applicant shall initiate the second stage of the application process by filing with the Director a final PUD plan and subdivision plat if necessary applicable, containing in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code. Upon written request by the applicant prior to the application lapsing, the Planning and Zoning Commission, for good cause, may extend the period for filing the final PUD plan for a period not to exceed six (6) months. (f) Procedures for Final Planned Unit Development Plan Approval. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to final Planned Unit Development Plan applications subject to the following exceptions and additions: (1) Pre -Application Conference. A pre -application conference shall be required, unless waived by the Director. (2) Contents of the Final PUD Master Plan. The final PUD master Plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in Subparagraph b. below. In addition to the materials required in the administration manual, the final PUD master plan shall include the following: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 41 of 112 ATTACHMENT A (i) Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density, and a pro rata allocation of common open space shall be made as each phase is developed. (ii) Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required. (iii) Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of vacation that may be a necessary part of the PUD rezening is required. (iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting development or construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same. Covenant examples may include, Development Agreements, Public Improvement Agreements, plat notes, or similar type documents. (3) Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the location, siting and height of structures, streets, driveways and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this Subsection may cause any of the following: (i) A change in the use or character of the development; (ii) An increase by more than one percent (1 %) in the overall coverage of structures; (iii) An increase in the density or intensity of use; (iv) An increase in the impacts on traffic circulation and public utilities; (v) A reduction of not more than one percent (1%) in approved common open space. (4) Reviewing Authority. The PZC shall review all final PUD Plan applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD Plan application after conducting a public hearing. (5) Review Criteria. The PZC and the Town Council shall review the final PUD deyelopmen+, aid plan, and PUD rezoning applications according to the same approval criteria listed above for preliminary PUD development plans. (g) Recordation. The applicant shall record the approved final PUD Plan, as approved, in the office of the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD Plan is not recorded, the approval of the Town Council shall be deemed to have been withdrawn and the approval shall be null and void. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 42 of 112 ATTACHMENT A (h) Amendments to a Final PUD Plan. Unless a final PUD plan contains different amendment procedures, amendments to a final PUD Ilan are governed by this subsection. The PUD amendment process is dependent on the type of amendment A PUD amendment may be initiated by the Town Council; or, the PUD developer, declarant, or orooerty owner(s) authorized to act under the oovernina PUD agreement, covenants, or other recorded instruments, including any entity that retains amendment rights or development control pursuant to such documents. (1) PUD Amendment Categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure: (i) Administrative Amendment. A proposed PUD amendment is considered administratively if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the final PUD development plan as represented to the Town Council. (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. The PUD Amendment does not increase the level of any potential geologic hazard for the development. (iii) Lot Split Amendment to Wildridge PUD. A proposed PUD Amendment to the Wildridge PUD to permit a lot split of a duplex lot into two (2) lots is considered a Lot Split Wildridge PUD amendment if it meets the following criteria for decision and has been determined as such by the Director: (A) The proposed duplex lot split is located in the Wildridge PUD Subdivision on a YaGant, undeveloped lot. (B) The proposed PUD amendment meets the criteria for a Minor Amendment in Section 7.16.060(h)(1)(ii). (C) The PUD amendment proposes to split one (1) lot permitting a residential duplex dwelling into two (2) lots permitting one (1) detached single -family -residential dwelling on each lot. The PUD Amendment maintains or decreases the level of any potential geologic hazard for the development. (iv) Major Amendment. A PUD amendment that is not classified as an administrative amendment, minor amendment or Lot Split PUD amendment to Wildridge PUD is considered a major amendment. (2) Reviewing Authority. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 43 of 112 ATTACHMENT A (i) Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Council pursuant to Section 7.16.180, Appeal. (ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to minor PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a minor PUD amendment application after conducting a public hearing. (iii) Lot Split Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a Lot Split Amendments to Wildridge PUD amendment application after conducting a public hearing. (iv) Major Amendments. The general procedures set forth in Section 7.16.020 shall apply to major PUD amendment applications. All major PUD amendment applications shall be processed as preliminary PUD and final PUD Plan applications. RevieW nrIt8ria r nnrorninn Applications for a major PUD amendment requiring rezoning of property outside of the existing PUD shall also utilize the review criteria for 7.16.050 Rezonings if RGt-be annlirable to an amendment appka+inn i inl000 an expansion of the PUD boundary is proposed.. (3) Review Criteria —Minor Amendments. The PZC and Council shall review a minor PUD amendment according to the following criteria same approval nriteria listed above for a preliminary PUD developm in. The minor PUD amendment is consistent with the intention and character of the approved development of the Planned Unit Development being amended; ii The minor PUD amendment will promote the public health, safety and general welfare; The minor PUD amendment is consistent with the Avon Comprehensive Plan. the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); iv) The minor PUD amendment will not impact public Facilities and services (including roads and transportation. water. aas. electric. Dolice and fire protection and sewaae and waste disposal. as applicable; (v) The minor PUD amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation; and (vi) The minor PUD amendment will not result in significant adverse impacts upon other property in the vicinity of the subject tract. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 44 of 112 ATTACHMENT A k�q Th@- Miner PUD amendme-R�d%s-net affeGi, in a substantially adverse manner, either the W enioYment of land immediately. • or • ■ from the ■ lannedJJPA Development or to the ne;qhberhood 011) The PUD Amendment is netwanted solely to Gonfer a speg'al benefit upon any one person er entity, but is neG8ssary for maintaininq .. asPeGtS er lanquaqe.. of the ■ ■ Amendment of the underlying ■ ■ plan shall not have the effec-t of extendinq pere.. .. .- .. (4) Additional ■•view Criteria — Lot SplitAmendments.PZC shall review a LotSplit Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that 2nc;lude a Lot Split according • the following criteria On addition to the revieW Griteria for r ■ (i) The application results in less total site coverage improved GGRGel residential design including, but not limited to: building sites with less site disturbance than what a possible duplex structure could yield, improved drainage, decreased wildfire impacts, or improved access or connection to roadways. and GOntaffins use of restriGtions „n The application of building envelopes restricting development impacts when deemed appropriat shall be used to minimize site coverage and in providing predictable building sites-, ites; (ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and when a shared driveway curb cut would reduce site disturbance; (iii) Areas not appropriate for development are designated on the RIB plan associated subdivision plat as non -developable; (iv) The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to th�,;cdesignawhat a possible duplex structure may cause efcti➢.; and, (v) The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (A) enhanced landscaping in accordance to Section 7.28.050(f) Landscaping; (B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum ten (10) feet setback between properties); (C) designated building footprints through use of building envelopes or similar restrictive limitations; (D) building height restrictions or reductions; -and or, (E) designated architectural massing, including building square footage designation or restrictions. Review Criteria -Major Amendments. The PZC and Council shall review a PUD amendment according to the same approval criteria listed above for a preliminary PUD plan. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 45 of 112 ATTACHMENT A (i) Lapse. Unless otherwise provided by the Town Council, development of an approved final PUD �Iar� shall commence within twelve (12) months from the approval date of the final PUD plan. If development has not commenced within twelve (12) months, the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property back to its prior zoning classification or, in light of other conditions, to another zoning classification and revocation of all permits issued and action taken. (j) Revocation of a Final PUD Plan. A final PUD Ilan may be revoked pursuant to the procedures and criteria set forth in this Section. Revocations may be initiated by the landowner, majority of owners within the PUD, or by Town Council. (1) Initiation of Revocation Proceedings. Revocation of a PUD may occur if: (i) The landowner or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or in part; (ii) The project falls more than three (3) years behind the phasing plan or schedule filed with the final PUD; (iii) Construction and/or application for building permits have not commenced within one (1) year of approval of the final PUD absent an alternative construction phasing plan as aapproved by the Town Council; or (iv) The construction and provision of landscaping, buffers, open space and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components. (2) Public Notice Requirements. Prior to the Planning and Zoning Commission meeting and the Town Council meeting, notice shall be given in accordance with the provisions of Subsection 7.16.020(d). (3) Review Authorities. (i) Planning and Zoning Commission Public Hearing. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force or postpone the application. The Planning and Zoning Commission shall not recommend revocation of the final PUD to the Town Council unless the Planning and Zoning Commission makes the findings required for revocation. The Planning and Zoning Commission may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat. (ii) Town Council Public Hearing. The Town Council shall hold a public hearing and determine whether to revoke, postpone or keep the final PUD in force. The Town Council shall not revoke the final PUD unless it makes the findings required for revocation. The Town Council may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat. (4) Required Findings for Revocation. The Planning and Zoning Commission shall not recommend revocation and the Town Council shall not revoke any final PUD unless the following findings are made: (i) Revocation proceedings were initiated pursuant to this Section; and Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 46 of 112 ATTACHMENT A (ii) The property owners were notified no less than sixty (60) days prior to Planning and Zoning Commission action on the revocation; and (iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the revocation pursuant to the provisions of Subsection 7.16.020(d); and (iv) The PUD is not compatible with the surrounding area; or (v) There is not a need for the uses in the area included within the PUD plan; or (vi) The PUD will have adverse impacts on future development of the area; or (vii) The traffic generated by the PUD plan will have adverse impacts on the neighborhood and the surrounding area; or (viii) The PUD will have adverse impacts on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands and open space; or (ix) The PUD will have adverse impacts on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems and street systems; or (x) The PUD will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public hearing; or (xi) The owner or applicant has not met all dates established in the PUD plan for the commencement of construction of the PUD or for a phase of the PUD plan; or (xii) The revocation is in conformance with the provisions contained in applicable sections of this Code, consistency with the adopted Comprehensive Plan for the Town and applicable specific plans and relevant Town policies. (Ord. 2015-11 §3; Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3) 7.16.070 Subdivisions The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan. (a) Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering Improvement Standards, shall apply to all subdivisions or re -subdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums, apartments or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. d 1) If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 47 of 112 ATTACHMENT A If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that: (4 i) Is created by a lien, mortgage, deed of trust or any other security instrument; (2 i )ls created by any interest in an investment entity; (37iii) Creates cemetery lots; (4 iv) Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property; (5 Y) Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common of such interest. For the purpose of this Paragraph, any interest in common owned in joint tenancy shall be considered a single interest; (6 vi) Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate. (b) Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure: (1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or whiGh would require or which propose subdivisions requiring or proposing public improvements, that affect unplatted lands, or, involve the vacation of existing public improvements. (i) An applicant shall apply for a major subdivision in accordance with the provisions established for the preliminary plan and final plat for subdivision procedures and standards of this Section. (2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of from previously platted land, subdivisions whiGh do not require or propose publiG improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat, and subdivisions which move adjust a-ny previously lap tted lot lines, subdivisions dividing a parcel of land for duplex or townhouse structures, revised plats necessary for the sole purpose of correcting survey or any other technical errors, and condominium and or timeshare subdivisions. by more than two (2) feet; but shell not subdivisions whinh are administrative subd6visions . Condominium and tomes subdIffivosmons more than four (4) units which do not propose puhlin improvements shall he pronessed as minor subdivisions An applicant shall apply for a minor subdivision in accordance with the provisions established for the final plat for subdivision procedures and standards of this Section. (ii) Minor subdivisions will not be approved without verification that all park, school, or other aoolicable dedication fees have been satisfied. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 48 of 112 ATTACHMENT A FIF&TOMM11111 „.. .. J:J� �• •• •• ZOLLMAILUMMUSLUMizi • • • .. . • .. _.. _ • �� MMM • • . • . • •• era. R� �e� N. IN 19 Ifflyr.11M P.M. I • .• I I W22r • •■ • • • • • • • •■ (c) Review Procedures. Applications for a subdivision shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications for subdivision must be initiated by the owner of real property. The Director may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of botf} the PUD preliminary plan and subdivision preliminary plans. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 49 of 112 ATTACHMENT A (3) The provisions and procedures for public notice, hearing and review for a preliminary PUD as prescribed in this Development Code shall apply to the a preliminary subdivision application. (d) Review Authority. The review authority for a subdivision application shall be determined by the subdivision category. (1) Major Subdivision. Major subdivisions shall be required to obtain approval for a preliminary plan and for a final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. (2) Minor Subdivision. Minor subdivisions shall require final plat review and approval_ only #ere no publin improvements are proposed; howeyer, Tthe review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Director shall review and render decisions on minor subdivisions. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. Code Text Amendment Application Notation.Should the subdivision appliGation ' nAdmin Subdivision, n type-f be eliminated pursuant tG -tion wig be str4c (3) Administrative Subdivisions. Administrative subdivisions shall require and finall plat. review and approval. only. 1 however, to review of adrn'nostrafly-e subdivisions in addition to the revoeW Griteria for a final plat. The DmreGtor shall review and render deGisions on admonostratove subdivisions. A de6soon of the DireGtor may he appealed to the Teem Counnil Pursuant to SeGtien 716.180 Appeal (e) Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plan subdivision applications: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; (2) The subdivision application shall comply with the purposes of this Development Code; (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; (4) The land shall be physically suitable for the proposed development or subdivision; (5) The proposed subdivision shall be compatible with surrounding land uses; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 50 of 112 ATTACHMENT A (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under -sized lines; (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. (18) The inclusion of wildfire mitigation provisions for the subdivision, including, but not limited to the provision of emergencV ingress and egress, a water supplV system for firefighting purposes, overlot vegetation thinning, creation of fuel -breaks, and a proposed plan for thinning and removal of trees and vegetation designed to mitigate wildfire hazard areas. The use of building envelopes maV be required to locate structures outside of potential hazard areas, off of steep slopes and outside of draws and canyons. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 51 of 112 ATTACHMENT A (f) Minor Subdivision Review Criteria. M The subdivision application is consistent with previous subdivision(s) and any associated minor or major development plan application(s) and or building permits. The subdivision application is consistent with the Avon Comprehensive Plan. That the land included within the proposed subdivision is being subdivided in accordance with the zoning for the proposed use and or subdivision proposed. That protective covenants, declarations, party wall agreements or other restrictions to be placed on the subdivision have been submitted and shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recordina. (fig) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application: (1) The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (i) The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size, (ii) The lots and parcels have descriptions that both close and contain the area indicated, and (iii) The plat is correct in accordance with surveying and platting standards of the State; (2) The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan, if applicable to the current subdivision application. The Director may waive this criterium for a Minor Subdivision if an associated preliminary plan application is not necessary to split a previously platted parcel into less than four (4) lots. (3) The final plat conforms to all preliminary plan criteria; (4) The development will substantially comply with all sections of the Development Code; (5) The final plat complies with all applicable technical standards adopted by the Town; and (6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities. Subdivision Plat Requirements. (1) The Final Plat shall be drafted in a legible form with black waterproof ink on a permanent reproducible material such as mylar, on a sheet or sheets measuring 24 by 36 inches with clear margins measuring 2 inches on the left hand side and one-half inch on the remaining sides. l� Information sufficient to indicate that the Final Plat will meet requirements established under Title 38, Article 51 C.R.S, as amended. ii Departing property lines and owners of record of all parcels adjoining the proposed subdivision, including parcels separated there from only by a public right-of-way, at a grey scale to indicate existing information. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 52 of 112 ATTACHMENT A iii A computer printout, in text or excel format, of Parcel Summaries shall be provided, including lot closure analyses, block closure analyses, and other appurtenant information. (iv) The Plat shall show the name of the subdivision, date, and date of survey, north arrow, and graphic scale and a vicinity map to appropriate scale. Where multiple sheets are necessary a key map to sheet location and all certifications and dedications need to appear on the title or cover sheet. The Final Plat shall adhere to the format and include information as follows: A. Tract boundary lines and right-of-way lines or street lines in solid black lines; easements or other right-of-way lines in dashed lines; and lot boundaries in solid lines shall be shown with accurate dimensions to the nearest 0.01 foot. B. Bearings, deflection angles, arc lengths, chord bearings, chord lengths, tangent distances, and central angles of all curve shall be shown. Curve tables shall be provided on the plat. C. Widths and dimensions of all easements- including typical boundary easements as required by zoning, rights -of -way, and streets shall be indicated. u Notes section, organizing all necessary information including legal disclaimers, documents, reservations, definitions (i.e. common elements), associated documents, etc. (3) Names of all streets or roads, block letters and lot numbers shall be indicated in the required land use summary. The land use summary shall include the street address of each lot or unit on the plat. The address number shall be placed within an oval on each lot. The location of any ditches or waterways. The high water mark should be established as part of the subject plat. A legal description of the property with reference to the existing/underlying master parcel, and subdivision, if resubdividing. Vicinity map at an appropriate scale, including section lines and township and range lines, where practical. All elements shown on the plat shall be referenced as being created by this plat, or as existing with reference providing the recording information for this existing element. u All setbacks per zoning shown, and building envelopes provided if required. Land Use Summary, including the total acreage of subdivision, total number of lots, and acreage within the subdivision for each use such as residential, commercial, right-of-way, non - developable areas, greenspaces or open space. 10 Surveyor notes, including any reference to any protective covenants, declarations or other restrictions which shall be filed with the plat, and a purpose statement describing the intentions of the plat. 11 Plat Certificates: i. A Certificate of Dedication and Ownership executed by the record owner(s) and all other persons having an interest in the property affected by the subdivision, including any security interest. (See Appendix 7-C). Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 53 of 112 ATTACHMENT A iv W A Title (Comoanv) Certificate showina marketable title in the owners, subiect onlv to the liens or encumbrances of persons executing the Certificate of Dedication and Ownership. (See Appendix 7-C). Surveyor's Certificate (See Appendix 7-C). The certificate shall be signed by a land surveyor licensed in the State of Colorado responsible for the survey and Subdivision Plat. Town of Avon Certificate (See Appendix 7-C). Clerk and Recorder's Certificate (See until final sianature by the Town. Treasurer's Certificate of Taxes Paid (See ndix XX). This certificate need not be completed ndix 7 (g-)Public Improvements Guarantee. Guarantees for public improvements shall comply with Subsection 7.32.100(c). (I,I) Revocation. An approval of a final plat is revoked pursuant to this Section. (1) Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Council. In the event that the plat is not recorded, the approval of the Town Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat. (2) Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Town Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Town Council. (3) Extension. Extensions of the time limit for project completion may be obtained from the Council for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted. (Ord. 13-09 §2; Ord. 10-14 §3) 7.16.080 Development Plan (a) Purpose. The general purpose of the development plan review process is to ensure compliance with the development and design standards of the Development Code prior to the issuance of a building permit or concurrent with other required permits and to encourage quality development reflective of the goals and objectives of the Avon Comprehensive Plan. Specific purposes of development plan review include, but are not limited to the following: (1) To prevent excessive overlot or unsightly grading of property that could cause disruption of natural watercourses, drainage ways, or, that may sEar eliminate or significantly modify natural landforms or topography; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 54 of 112 ATTACHMENT A (2) To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites properties and structures and that there shall be conformance to the Comprehensive Plan of the Town; (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious in character with the Town's overall appearance, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and (4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. (b) Applicability. A development plan shall be required for all new development and any modification to an existing development or development plan. (c) Development Plan Categories. Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Major Development Plan. Major development plans include all new building construction over six hundred (600) square feet; (2) Minor Development Plan. Minor development plans include the following: (i) All new building construction six hundred (600) square feet or less; (ii) Modifications to Dumpster locations; (iii) Screen wall modifications; LandSGape modifiGations, inGluding but not limited to removal of existing vegetatioR and addition of new vegetation; (v-v) Deck modifications, including but not limited to additions, new construction and materials or color modifications; (vi v) Modifications to the exterior of an existing building, including but not limited to windows, doors, minor architectural details, colors and materials; (W VO Modifications to approved development plans which result in a ten -percent or less increase to lot coverage; ten -percent or less increase to building height; ten -percent or less increase to the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project; (vW vw) Modifications to approved development plans which do not change the character of the approved design; and (+x vii) Other similar changes to a structure or property that do not significantly impact the site layout or design of a building (* ix) McGhaniGal equipment modifiGations (d) Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. Specific additions and modifications to the general review procedures are identified below. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 55 of 112 ATTACHMENT A (e) Notice and Hearing. PZC shall review and render a decision or recommendation on the development plan applination after nonduGtinn conduct a public hearing for all major development plans. Town Council shall conduct a public hearing following the PZC hearing when reviewing a development plan applicable in the Town Core Boundary. Notice of the public hearing shall be published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The denision of D7f may he annealed in the Town Gounril pursuant to Section 7 16 480 , "The Director shall not conduct a public hearing for administrative review and decision on development plan applications. (f) Review Authority. The review authority for a development plan application shall be determined by the subdivision category. (1) Major Development Plan. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. Town Core. If the, unless he application is located within the Town Core The derision of the PZC may be appealed to the Town CounGil pursuant to SeGtion 7.16.180, Appeal. if an applination is located within the Town Core the Director shall review and provide a recommendation to the PZC. The PZC shall ihen review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan within the Town Core (2) Minor Development Plan. The Director shall review and render decisions on all minor development plane and minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director may refer to the PZC any plan application that the Director determines warrants review by the PZC. Minor exterior alterations may be administratively approved through the building permit process based on Director discretion. Minor exterior alterations may include but are not limited to window or door modifications- including placement or materials, light fixture modifications, and modifications to decorative materials that do not significantly alter the appearance of the structure. (g) Review Criteria. The following review criteria shall be considered as the basis for a decision on development plan applications: (1) Evidence of substantial GOMPlianGe Consistency with the purpose of the Development Code as specified in Section 7.04.030, Purposes; (32) The design conforms Conformity with the Avon Comprehensive Plan and other applicable, adopted plan documents, where these documents discuss design; (43) Consistency with any previously approved and not revoked subdivision plat, planned unit development Ilan or any other precedent plan or land use approval for the property as applicable; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 56 of 112 ATTACHMENT A (54) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards; (5) That the development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and (716) The development design Gonforms Consistency of the development design with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. (h) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h). (i) Revocation. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building or structure or use that is not in accord with the approved documents or any approved modifications thereto. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use or other element of approved design review documents shall be eliminated, altered or provided in another manner unless an amended site plan is approved. Any deviation from the approved development plan as approved shall be grounds for revocation of the development plan approval. (Ord. 21-09 §5; Ord. 18-19, §6; Ord. 14-09 §3 ; Ord. 13-09 §2; Ord. 10-14 §3) Ord. 21-09 §6, adopted August 10, 2021, repealed § 7.16.090, which pertained to design review and derived from Ord. 14-09 §4; Ord. 13-09 §2; Ord. 10-14 §3. 7.16.100 Special Review Use (a) Purpose. This Section provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features, requiring further review and analysis. Theproc;edure process encourages public review and evaluation of a use's operating characteristics and site development features and is inten to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large. Special review uses that may be allowed in each zone district are listed in Table 7.24-1, Allowed Uses. (b) Applicability. A Special Review Use (SRU) permit is required for any those uses allowed by special review as outlined in Table 7.24-1, Allowed Uses. (c) Review Procedures. Applications for a special review use shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for special review use may be initiated by the owner of property for which a special review use is desired, or with property owner authorization, a lessee within a commercial development. (d) Review Authority. The PZC shall review and render a decision on an application for a special review use after conducting a public hearing. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 57 of 112 ATTACHMENT A (e) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a special review use: (1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; (2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code; (3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; (4) Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; (5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and (6) Adequate assurances of continuing maintenance have been provided. (f) Duration and Expiration. Special review use approvals shall expire pursuant to this Section. The PZC may approve a SRU permit in perpetuity but may assign a shorter time as deemed necessary. The PZC may require assurances that the ongoing operation of the use will comply with all of the-applicanois representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any special use review, shall be expressly set forth within the Record of Decision for this application. At least thirty (30) days prior to the expiration, the holder of the special review use approval may apply for a review hearing before the PZC. The PZC shall review the use against the criteria in Subsection (e) above to determine whether the special review use will be allowed to continue. Failure to extend this permit shall require a new SRU permit application approval or cessation of the previously approved use. (1) Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or within two (2) years of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit. (2) If an approved use ceases operation for any reason for a period of one (1) year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Director shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the Town. (3) If the conditions of approval are not maintained, it shall be considered a violation of this Code and subject to revocation proceedings. h SRU approvals may be associated and run with the property, business owner, applicant for tl o Dion. DroDerty owner. or Der lessee and or lease terms. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 58 of 112 ATTACHMENT A (Ord. 11-10 §2; Ord. 10-14 §3) 7.16.110 Variance In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. It is not the intent of this Section to allow variances in the classification of uses of property. (a) Review Procedures. Applications for a variance shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for variance may be initiated by the owner of property for which a variance is desired. (b) Review Authority. The PZC shall review and render a decision on an application for a variance after conducting a public hearing. The decision of the PZC may be appealed to Town Council pursuant to Section 7.16.180, Appeal. (c) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; (2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision -making body deems applicable to the proposed variance. The applicants have exhausted all technological, design, or development possibilities and a variance is necessary due to the lack of any other practicable possibilities to utilize the property. (d) Required Findings. The PZC shall make the following written findings before granting a variance: (1) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; (2) That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; (3) That the variance is warranted for one (1) or more of the following reasons: (i) The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 59 of 112 ATTACHMENT A (ii) There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or (iii) The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district; (4) That the necessity for pursuing a variance has not resulted from any act of the applicant or pre- existing development pattern, use, or structure. (e) Conditions. A variance granted by the PZC may contain limitations as to time or disposition or use of the tract in question in order to ensure that the stated purpose of the variance request is realized. Once the variance is granted, the variance shall run with the property until a significant modification to the property has occurred, and the variance is no longer necessary. (f) Record of Decision. of the PZC's action within five (5) days after a rlenicien has been rendered, A Record of Decision will be executed and available for the public memorializing PZC action. (g) Expiration. The variance approval expires if a building permit is not obtained within one (1) year of the approval. (Ord. 10-14 §3) 7.16.120 Alternative Design Alternative Design equivalent GompliaRGe is an proGedure application that allows development to meet the intent of the design -related provisions of this Chapter through an alternative design, not considered by code. It is not a general waiver or weakening of regulations; rather, this application PFOGedure permits a site -specific design plan that is equal to or better than the strict application of a design standard specified in this Development Code. This procedure is not intended as a substitute for a variance, er administrative modification, or a vehicle for relief from standards in this Chapter. Alternative design applications ^epee shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests. (a) Applicability. A request for an alternative design equivalent GompliaRGe shall be made concurrently with a site -specific application for a procedure identified in this Chapter. The alternative design procedure shall be available only for the following sections of this Development Code: (1) Section 7.20.100, Employee Housing Mitigation; Section 7.20.085, Mixed -use and Commercial Encroachments (23) Section 7.28.020, Parking and Loading; (34) Section 7.28.040, Mobility and Connectivity; (45) Section 7.28.050, Landscaping; (66) Section 7.28.060, Screening; (67) Section 7.28.070, Retaining Walls; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 60 of 112 ATTACHMENT A (78) Section 7.28.080, Fences; (89) Section 7.28.090, Design Standards; and 10 Section 7.32.040, Raved Trail Design. (b) Review Procedures. Applications for alternative design equivalent ^^m^'ianGe shall be processed concurrently with the underlying development application for which an alternative design equivalent ,•, MplianGe with the app"Gable design standards is desired and shall follow the procedures for such underlying development application. Applications for alternative design equivalent nmmplianne may be initiated by the owner of property for which alternative equivalent compliance is desired. (c) Review Authority. The review authority shall be the review authority as set forth for the underlying development application. The PZC shall review all alternative design equivalent ^^mn'ian^e applications that have a concurrent mar development plan application. (d) Review Criteria. The review authority shall use the following review criteria as the basis for a decision on an application for alternative design en„i,,,'enf ^ornplianne: (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; apA (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Titley The proposed alternative is technologically unique or necessary for improving the sustainability of the project without compromising the compatibility of the project with the neighborhood. That the Alternative Design is not being utilized to strictly circumvent zoning requirements or standards. (e) Conditions. The reviewing authority may recommend or impose conditions on an approval for alternative equivalent compliance provided that such conditions are related to ensuring the performance of the alternative equivalent compliance to meet or exceed the subject standard. Such conditions may include performance guarantees, required timeframes or the ability to revoke an approval for alternative equivalent compliance. (f) Effect of Approval. Alternative equivalent compliance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests. (Ord. 10-14 §3) 7.16.130 Right -Of -Way Vacation The purpose of this Section is to provide procedures and standards for the vacation of rights -of -way in the Town. The procedures and authority set forth in Section 43-2-301, et seq., C.R.S., shall apply unless in conflict with any specific provision set forth in this Section. The vacation of public easements are also considered rights -of -way in this Section. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 61 of 112 ATTACHMENT A (a) Definitions Incorporated. The definitions set forth in Section 43-2-301, C.R.S., are incorporated in this Section. (b) Review Procedures. Applications for the vacation of a right-of-way shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for vacation of a right-of-way may be initiated by the Town Council or by a property owner abutting the right-of-way proposed for vacation. i7 Applications to move or alter a right-of-way shall be processed as a subdivision application concurrently with a right-of-way vacation application, in which case the ordinance approving the vacation of a right-of-way or portion thereof shall also approve a final plat (major), which results in the dedication of the moved or altered right-of-way or portion thereof. �i Public easement vacations can be processed as part of a major or minor subdivision application. (c) Review Authority. The Town Council shall review and render the final decision on an application to vacate a right-of-way after conducting a public hearing. Vacation of a right-of-way shall be approved by ordinance of the Town Council. (d) Review Criteria. The Town Council shall use the following review criteria as the basis for a decision on an application to vacate a right-of-way: (1) No right-of-way shall be vacated so as to leave any land adjoining the vacated right-of-way without an established public road or private -access easement connecting said land with another established public road; (2) The right-of-way is determined to be platted on terrain which is not practical for the construction of a right-of-way due to terrain, topography, natural features or other constraints and the right-of- way does not provide any other potential benefit to the public, including but not limited to utility connections, pedestrian or recreation connections, drainage or public landscaping; (3) Sufficient easements for utilities, access or other purposes are retained; (4) Compensation may be required for the area of vacated right-of-way based upon the fair market value per square foot of the area vacated and the applied zoning; and (5) The vacated area of right-of-way shall be included in the same zone district as the abutting property to which the vacated right-of-way vests. (e) Recording, Deed. The ordinance vacating a right-of-way shall be recorded in the office of the Eagle County Clerk and Recorder. The ordinance shall authorize the Mayor or other designee to execute a quit claim deed on behalf of the Town of Avon, which quit claim deed shall reference any exceptions, easements or reservations of the vacation and shall be recorded in the office of the Eagle County Clerk and Recorder. (Ord. 10-14 §3) 7.16.140 Vested Property Right The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended. (a) As used in this Section, unless the context otherwise requires: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 62 of 112 ATTACHMENT A (1) Community planning document means the Avon Comprehensive Plan, any other planning documents adopted by the Town through a public hearing process and any planning document adopted by other governmental and quasi -governmental entities that provide public services or facilities to the Town or which include the Town within their service or planning boundaries. (2) Site specific development plan means a planned unit development plan or any amendment thereto, approved pursuant to Section 7.16.060, Planned Unit Developments, together with a development agreement approved pursuant to Section 7.16.140 hereof. A site specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Town Council upon request by a property owner; however, such request shall not result in an application for a development approval other than a planned unit development plan to be treated as a site specific development plan for the purposes of Section 24-68-102.5(1), C.R.S. (3) Vested property right means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development plan. (b) Vested Property Right Created. (1) A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Chapter. (2) A vested property right shall only be created if approved by ordinance which may be combined with an ordinance approving a site specific development plan and an accompanying development agreement. Amendments to any site specific development plan shall be subject to this Chapter and shall have a new vested property right as determined by the Town Council. Any approval of a site specific development plan or amendment to an existing site specific development plan that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, Town Council may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Town Council under this Chapter. (3) The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town, including but not limited to the regulations contained in Title 15 of this Code, regulations concerning subdivision improvements and right-of-way dedications and regulations establishing requirements and specifications for any public infrastructure or public facility improvements. Ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town shall not be deemed to alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of a property with vested property rights regardless of the financial impact of such ordinance or regulation. (4) The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are general in nature, uniform in character and applicable to all properties or a similarly situated class of properties. (c) Notice and Hearing. No site specific development plan shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 63 of 112 ATTACHMENT A (d) Notice of Approval. (1) Each map, plat, site plan or other document constituting a site specific development plan shall contain the following language: (i) Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended and Title 7, Chapter 16 of this Municipal Code, as amended. (2) The failure of the document constituting a site specific development plan to contain the language specified in Subparagraph (d)(1)(i) above shall invalidate and void the creation of the vested property right. A notice stating that a vested property right has been created shall be published once by the Town in a newspaper of general circulation in the Town not more than fourteen (14) days after final adoption of the ordinance approving the site specific development plan. The notice shall include the following information: (i) A statement advising the public of the site specific development plan approval, including the name of the project, the type and intensity of the use approved and the specific property or development parcels affected; (ii) A statement that a vested property right has been created in accordance with Article 68 of Title 24, C.R.S., and Title 7, Chapter 16 of this Municipal Code, including the duration of the vested property right; and (iii) A statement that the citizen's rights of referendum shall run from the date of publication. (e) Duration of Vested Right. (1) A property right vested pursuant to this Chapter after June 1, 2006, shall remain vested for a period of three (3) years. The Town Council may approve a period of vested property rights exceeding three (3) years by approval of a development agreement, which shall be part of the site specific development plan. (2) The guidelines in this Paragraph 7.16.140(e)(2) shall be considered when determining whether to grant vested property rights for a period greater than three (3) years, provided that site specific development plans that are granted vested property rights for a period greater than three (3) years because of the size, phasing or absorption rate of such site specific development plan should have separate vesting created for the various phases of the development, as set forth in Paragraph 7.16.140(e)(4). It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three (3) years. (i) The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii) Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 64 of 112 ATTACHMENT A (v) Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; (vi) Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; (viii) The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. (3) The Town may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the Avon community. (4) Any site specific development plan for a multiple -phase development approved after June 1, 2006, may have separate vesting created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the Town Council. Such review shall include but not be limited to whether the landowner, developer, successors or assigns are in compliance with its obligations to the Town, including but not limited to the terms and conditions of a site specific development plan, a development agreement and any other agreements between the landowner, developer, successor and assigns and the Town, as they may have been amended from time to time. (f) Extension of Vested Property Rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least no more than sue, twelve 12 months prior to the expiration of the vested property rights. No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(e)(2) shall be considered when determining whether to grant an extension to a vested property right. An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in Paragraph 7.16.140(d)(1) above shall apply to any approval for extension of vested property rights. (g) Forfeiture of Vested Property Rights. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 65 of 112 ATTACHMENT A (1) Failure to abide by the terms and conditions of a vested property right will result in a forfeiture of the vested property rights in accordance with the procedures set forth herein. (2) The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the Town Council stating the grounds therefore. (3) No vested property right shall be deemed forfeited until after providing notice and conducting a public hearing. Notice shall be provided by publishing notice in a newspaper of general circulation, posting notice in the designated official places of posting and mailing notice to the property owner sent to the address of record according to the County Assessor's records via first-class United States mail at least thirty (30) days prior to the date of a hearing. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owner. (4) At the hearing, the Town Council shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a vested property right. The Town Council may continue the public hearing to allow additional evidence to be gathered and presented. (5) If the Town Council finds a failure to abide by the terms and conditions of the vested property right, the Town Council may take action by ordinance to declare the vested property rights forfeited. The forfeiture of a vested property right shall have no effect upon public streets, alleys, rights -of -way or other lands or easements previously dedicated or conveyed to the Town or other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use and general regulations in effect at the time of forfeiture and as such may be amended from time to time thereafter. (Ord. 10-14 §3) 7.16.150 Location, Character And Extent This Section implements and sets forth procedures for the regulation of the location, character and extent of public facilities as provided by Section 31-23-209, C.R.S., Legal Status of Official Plan, as amended. It is the intent of this Section to conform to the provisions of Section 31-23-209, C.R.S., to define the factors to be considered in the "Location, Character and Extent" process and to prescribe procedures for the orderly consideration of location, character and extent applications in order to effectuate the purposes of the state statute. (a) Applicability. No road, park, public way, ground or space, no public building or structure and no major facility of a public utility shall be constructed or authorized, and no building permit for the same shall be issued, in the Town unless and until the proposed location, character and extent thereof has been submitted to and approved by the Town. Routine extensions of public utility lines, extensions or installation of, associated amenities within existing public parks and Town -owned properties, and minor modifications to existing facilities shall not be subject to this procedure. (b) Review Procedures. Applications for location, character and extent shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 66 of 112 ATTACHMENT A jurisdiction over the public facility. Applications for location, character and extent may be combined with other application procedures and submittal requirements, including but not limited to development plan, and subdivision. The failure of the PZC and Council to act within sixty (60) days from and after the date of official submission of a complete application to the Town shall be deemed approval of such application. (c) Review Authority. The PZC shall review applications for location, character and extent after conducting a public hearing. The PZC may approve, approve with conditions or deny an application for location, character and extent. In case of disapproval or approval with conditions which are not acceptable to the applicant, the PZC shall communicate its reasons to the Council. The Council shall review such decision of the PZC as soon as practical after conducting a public hearing and shall have the power to overrule or modify such decision by a majority vote. The public hearing by Council shall only require posted notice three (3) days prior to the hearing. If the public way, ground space, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the PZC shall be by the governmental body having jurisdiction. The decision by the Council to disapprove or approve with conditions which are not acceptable to the governmental body having jurisdiction may be overruled by said governmental body by a vote of not less than two-thirds (?) of its membership. (d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent: (1) Evidence of substantial compliance with the purpose of this Development Code; (2) Consistency with the Avon Comprehensive Plan; (3) Physical suitability of the land for the public way, place, structure, facility or utility; (4) Compatibility with surrounding land uses; and (5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including but not limited to traffic, noise, odors, vibrations and property values. (Ord. 21-09 §7, Ord. 13-14 §2; Ord. 10-14 §3) 7.16.160 Sign Plan The purpose of the sign plan review process is to ensure compliance with the sign design standards and provisions of this Development Code for properties with multiple tenants or unit owners, or properties requiring multiple signs as required by corporate branding or similar. it us designed to eRGOUFage qUality signs refleGtiye of the goals, PGIOGies and objeGfives of the Comprehensive Plan (a) Applicability. A sign plan or sign permit for signs within an existing development and previously approved Sign Program, shall be required for all new signs and for any modification to an existing sign plan or romprehensive sign program. (b) Sign Plan Categories. Categories of sign plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Master Sign Program. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 67 of 112 ATTACHMENT A i. Major sign plans include'" nare considered master sign programs. -,and mModifications to master sign programs that substantially change the location, size, or other critical elements of allowed signs on the property are amended using the major sign plan application. ii. Minor Ssign Program Pplans. +ride mModifications to a der sign program that do not substantially change the location, size, or other critical elements of allowed signs on the property, as are determined by the director. Minor amendments to a master --sign program are captured through the minor sign plan application. (2) Minor sign plans or permits +eslude shall be required for the following sign types: i. New tenant signs. ii. Residential entrance signs and wall signs. iii. All other sign types requiring administrative review. (c) Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to dot sjn plan applications. Existing signs that are being modified or replaced will require either a building permit application (sign permit) or a planning application (sign plan). (d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development major sign plan application after conducting a public hearing. Notice of the public hearing shall be published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director shall not conduct a public hearing for administrative review and decision on development minor sign plan or permit applications. (e) Review Authority. The review authority for a development plan application shall be determined by the category. (1) Major Master Sign Plan (Sign Program). The Director shall review and provide a recommendation to the PZC on all major master sign plan applications. The PZC shall render the final decision on a major sign plan. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. (2) Minor Sign Plan. The Director shall review and render decisions on all minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director may refer to the PZC any sign plan application that the Director determines warrants review by the PZC. (f) Review Criteria. The following review criteria shall be considered as the basis for a decision on all sign plan applications: (1) Evidence of substantial GOMplianGe conformance with the purpose of the Sign Code as specified in Section 7.32(A) Sign Code Purposes; (2) The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; (3) The nature of adjacent and neighboring improvements; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 68 of 112 ATTACHMENT A (4) The quality of the materials to b utilizedanyproposed i���� (5_) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; (61) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, will or aesthetin ill he impaired; {�6) Whether the type, height, size and/or quantity of signs generally complies with the sign code or sign program, and are appropriate for the project; 4$7) Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. (g) Expiration. A sign plan approval expires pursuant to Subsection 7.16.020(h). (h) Revocation. Approved sign plan documents shall be binding upon the applicants and their successors and assigns. No sign production shall take place that is not in accordance with the approved documents or any approved modifications thereto. No other element of approved sign review documents shall be eliminated, altered or provided in another manner unless an amended sign plan is approved. Any deviation from the approved sign plan as approved shall be grounds for revocation of the sign plan approval. Sign Permit. Application for a Sign Permit shall include the submittal of: A drawing to scale which depicts the location of the proposed sign in relation to buildings, setbacks and property lines, plus the sign height and or clearance above ground. Design and construction plans adequate to demonstrate compliance with this Sign Code. A drawing to scale depicting each sign face with its message, materials, and colors. If illuminated, manufacture's cut sheets, specifications of light fixtures, lamp source(s), wattage, mounting heights, and light source shielding shall be submitted. Mounting details for sign. It may be required to provide structural details of the building to ensure signs will be mounted safely concerning wind and actual sign weight. (Ord. 18-19 , §9) CHAPTER 7.20 -Zone Districts and Official Zoning Map 7.20.085 Mixed -Use and Commercial Districts Encroachment Provisions (NEW) This section is being amended to address objects that are commonly permitted in setbacks in all jurisdictions and or are commonly found on Avon properties as a customary installation (e.g. air conditioning units), but it is not clear what the placement parameters include. As properties redevelop, they will typically max out square footage, leaving little room for things like mechanical equipment. This is especially important with technological changes including battery storage for EV chargers, and clarifies that certain landscaping features like patios, are now being acknowledged with clarity. a) All Mixed -Use and Commercial Districts: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 69 of 112 ATTACHMENT A Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features; sills, belt courses, cornices and similar features; and flues and chimneys may project not more than four feet into a required setback area up to twenty-four (24) " inches of a neighboring property line. Patios, walks, at -grade steps and portable play equipment may project into a required setback up to twenty-four (24) inches of a neighboring property line. Fire Escapes and Individual Balconies. Fire escapes and individual balconies not used as passageways may project eighteen 18) inches into any required side setback at the ground level or up to four (4) feet into any required front or rear setback on the second level up to twenty-four (24) inches of a neighboring property line. Stairways and decks greater than thirty (30) inches in height may project eighteen (18) inches into any required front, side or rear yard. Decks that are less than thirty (30) inches in height may project into any required front, side or rear setback up to twenty-four (24)" of a neighboring property line. Satellite dishes that are no more than three U feet in diameter may be located within a required setback. Any satellite dish with a diameter greater than three (3) feet shall be located so as to comply with the setback requirements of the underlying zone district; Towers, spires, cupolas, chimneys, flagpoles and similar architectural features not usable as habitable floor area may extend above the height limit not more than 10% of the height limit nor more than fifteen (15) feet. Exterior air conditioning or cooling units immediate to a residence may be located within setbacks up to twenty-four (24)" of a neighboring property line. In no case shall any encroachment affect firefighting access requirements. Encroachments are not permitted where existing landscaping consisting of any tree canopy or potential branch width, is within at least ten (10) feet of the structure. In no instance can any encroachment be located within an easement unless permission is aranted for the encroachment. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 70 of 112 ATTACHMENT A 7.20.090 Overlay districts. (a) Short Term Rental Overlay - STRO. (1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (2) Allowed Use. The following uses shall be permitted in the STRO District: (i) The uses permitted in the underlying zone district or planned unit development (PUD). (ii) Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable housing, long term residential use, primary residential use or full time residential use. (3) Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4) Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district. (5) Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subiect to penalties as described in Title 3. (b) Short Term Rental and Town Core: (1) Intention. Properties located inside of the Town Core may be permitted to allow short term rentals in all zone districts and Planned Unit Developments("PUDs") for fewer than (30) days subject to the provisions of this Chapter. Properties shall make an application to allow short term rental, subject to all requirements of the underlying zone district and the Avon Municipal Code. (i) STRs shall be issued in accordance with Avon Municipal Code [Title (2) Allowed Use. The following uses shall be permitted: (i) Short term rentals. (ii) Other Uses shall be permitted pursuant to the provisions in the underlying zone district. (iii) Short term rentals shall not be permitted within any residential unit which is deed restricted or reserved for: Community Housing, long term residential use, a primary residence as defined in f3.12.0201 or for full-time residential use. (c) Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 71 of 112 ATTACHMENT A (d) Town Core Boundary. The Town Core Boundary is a delineated area of the Town of Avon where certain design standards and administrative procedures, unique to this area, are permitted in accordance to the Avon Municipal Code. The review process is outlined in Section 7.16.045. (Ord. 22-09, 2; Ord. 17-05 65; Ord. 10-14 0) CHAPTER 7.24 - Use Regulations 7.24.050 - Use -specific regulations. (a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan. (b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses. (c) Home Occupations. A home occupation must comply with the following limitations and conditions: (1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; (2) The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3) if the use Is a day GaFe, the Lise is limited tO RG FnGFG Ghildren than allowed by the state IlGense for (4-3) The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (1/4) ton, earth -moving equipment or cement mixers; (54) The use does not alter the exterior of the property or affect the residential character of the neighborhood; (6-5) The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7-6) Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8-7) The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9-8) Exterior signs are not permitted; and (40-9) There may be only incidental sale of stocks, supplies or products. (d) Family Child Care Home standards: (1) Family Child Care Homes must be licensed by the State and comply with all applicable State regulations promulgated by the Colorado Department of Human Services, and all applicable local zoning and building regulations. (2) The Family Child Care Home shall acquire and keep current a valid town business license. (3) This use is limited to no more children than allowed by the State license. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 72 of 112 ATTACHMENT A (4) The residence slated for this use must be in general compliance with the design provisions of the Avon Municipal Code Chapter 7.28 Development Standards. (d-e) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions: (1) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (2) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock -off units in the development, unless an appropriate level of guest transportation services, such as vans, car -share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town. (3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on -site when the owner is not using the estate. (. I Short Term Rental must comply with the following limitations and conditions: (1) Premises shall conform to the applicable requirements of the Town's building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code. (2) Premises must comply with the Minimum STIR Management Requirements set forth in the Avon Municipal Code Section 5.04.050, Short Term Rentals 7.24.060 Special Review Uses This section is being amended to clarify permit parameters and the clarification of uses that necessitate a greater level of review pursuant to the Table of Allowed Uses.) (a) Residential Uses - Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. The conversion of an existing building, structure or property to a dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") shall be subject to the Special Review Use process if such use is permitted in the underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town's adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the use -specific regulations for dwelling, timeshare, interval ownership or fractional fee ownership. For the purposes of this Paragraph, conversion shall mean the change of ownership from a non - timeshare ownership to a timeshare ownership as defined by dwelling, timeshare, interval ownership or fractional fee ownership. (2) Dwelling, Ground Floor. Residential uses are prohibited on the ground floor of a mixed -use structure in the NC, MC and TC districts. Residential uses may be permitted on the ground floor in the NC and MC districts by special review. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 73 of 112 ATTACHMENT A (3) Public Uses. Public uses, as defined in Table 7.24-1, Allowed Uses, are only permitted in mixed - use structures through special review. (b) Residential Uses - Group Living. (1) Boarding/Rooming House or Private Dorm: (i) A boarding/rooming house or dormitory shall provide a minimum of one hundred fifty (150) square feet per person of net living area, including sleeping, bathroom, cooking and lounge used in common. (ii) Occupancy of a dormitory sleeping unit shall be limited to no more than eight (8) persons. (2) Group Homes: (i) Group homes shall comply with the occupancy, dispersal and other requirements found in the state statutes and regulations for group homes. (i i) Group homes shall not be located closer than seven hundred fifty (750) feet from another group home, shall be used exclusively for no more than eight (8) persons and shall be in compliance with all town, state and federal health, safety and fire code provisions. Compliance with state statutes is mandatory. (iii) Reasonable Accommodation by Town Administrator. In consideration of the requirement of the Federal Fair Housing Act ("FHA") (42 U.S.C. §3601, et seq.), that local governments make reasonable accommodations in order to permit housing for persons with disabilities, the Town Manager (in consultation with the Town Attorney) is authorized to approve minor modifications of building setbacks, height, lot coverage or occupancy limits in order to provide reasonable accommodation for residential group homes without the need for an additional hearing. The Town Manager may approve a reasonable accommodation other than that requested by the applicant if the Town Administrator concludes that an alternative Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 74 of 112 ATTACHMENT A accommodation would have fewer impacts on adjacent neighborhoods. The decision of the Town Manager regarding an FHA application for a reasonable accommodation shall contain written findings of fact as to the need for the accommodation and the authority to approve the requested accommodation. (c) Public and Institutional Uses - Child Care Center. (1) All child care centers, regardless of type or size, shall meet the applicable licensing requirements of state statutes (Section 26-6-102, et seq., C.R.S.) and the Regulations of the Colorado Department of Human Services (12 CCR 2509-9). (2) As a principal use, the child care facility must meet the following standards: (i) Outdoor recreation use. (A) Not be closer than fifteen (15) feet to the edge of a vehicular public right-of-way. (B) Not be within a parking area. (i) Parking areas and vehicular circulation patterns: (A) Assure the safety of children as they arrive at and leave the facility. (B) Include a traffic management plan which includes a designated pickup and delivery area. (C) Locate all vehicle stacking lanes on site with an on -site turnaround or have separate points for vehicle ingress and egress. (ii) Outdoor play activities are subject to PZC approval and must be compatible with surrounding land uses. (3) As an accessory use, the facility must meet the standards above, plus: (i) Comply with Section 7.24.070 below; and (ii) Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking and similar considerations. (4) A child care center shall provide one (1) off-street parking space per employee and a child loading/unloading area of adequate dimensions, preferably off-street. (5) Home day cares shall provide an adequate and safe drop-off area which may be a private driveway or on the street, provided that the drop-off does not impede normal neighborhood traffic flow or parking. (d) Public and Institutional Uses - Bus Terminal and Bus Stops. (1) All bus terminals shall be designed specifically for bus service and shall include sufficient space for waiting passengers, ticketing, restrooms and related operational facilities. (2) All operations except passenger/ cargo loading and unloading shall be conducted inside the bus terminal building. (3) Bus stops that are installed in conjunction with the development shall be approved by the transit authority to ensure adequate size, safety, protection from weather, appropriate location and related street/pull-off design for bus maneuvering. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 75 of 112 ATTACHMENT A (e) Commercial - Animal Sales and Service. (1) Animal Boarding, Animal Hospitals, Kennels and Veterinarian Clinics. All of the above uses shall have their principal entrance and exit to the property on a collector street and, if serving large/farm animals (e.g., horses, sheep), shall be located on a site no less than five (5) acres. There shall be no ingress or egress to local streets. (2) Animal Outdoor Activity Areas. Any outdoor activity areas, such as kennels, runs or exercise areas, shall be subject to the following. The facilities shall: (i) Only be used between the hours of 7:00 a.m. to 7:00 p.m.; (i i) Be supervised by qualified personnel; (iii) Be located at least three hundred (300) feet from any residential zone; (iv) Not cause loud and incessant noise or fouling of the air by odor thereby creating annoyance or discomfort to the neighbors or others in close proximity; (v) Not foster an excessive number of flies or other insects; and (vi) Not otherwise cause any unsanitary conditions in the enclosures or the surroundings where the animals are kept. /viil Dediroted p ihlir deq narks ore net GeRsidered o rnmmerniol i ice and are exemnt from thorn Cv�ca rca-cca-pa vrr c-rrvrcvrrsra cr��crcorrTrrrcr�. c�c (3) Kennel. (i) All facilities, including pens, kennels, cages and exercise runs, in the RL and RD districts shall be maintained within a completely enclosed, soundproof building so that, to the maximum extent feasible, noise and odor cannot be detected off -premises. (i i) In the IC district, kennels may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within one thousand (1,000) feet of any residential district. iii Daily animal care kennels must have at least two (2) dedicated parking spots or a dedicated pull -off that accommodates at least two (2) stacked vehicles for animal drop-off and pick-up near the facility entrance or parking spots attached to a dedicated pedestrian path if parking is in the side vard or rear of the facility. (4) Veterinary Clinic, large (with outdoor runs). (i) In the IC district, veterinary clinics may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within one thousand (1,000) feet of any residential district. (ii) All facilities, including pens, kennels, cages and exercise runs in the RL district, shall be maintained within a completely enclosed, soundproof building so that, to the maximum extent feasible, noise and odor cannot be detected off -premises. (f) Commercial - Financial Service, with drive-thru. (1) Stacking spaces for drive-thru service shall be provided pursuant to Subsection 7.28.030(e), Drive Through Requirements. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 76 of 112 ATTACHMENT A (2) A drive-thru shall be located, sized and designed to minimize traffic, noise, air emissions and glare impacts on surrounding properties. (3) The drive-thru shall be screened from adjacent rights -of -way and properties through architectural elements, screening, landscaping or site design. (4) A landscaping buffer is required when drive-thru uses abut residential lots in a residential or mixed -use district. (5) The noise generated on the site by talk boxes shall be inaudible at the property line. (g) Commercial - Food and Beverage Services. (1) Restaurant. An eating and drinking establishment allowed under this Code may provide outdoor seating areas for customers following development plan approval and issuance of a liquor license. The approval of outdoor seating shall be reviewed against the following criteria: (i) Permitted outdoor seating areas may utilize the public right-of-way. However, the seating area shall not obstruct the movement of pedestrians or fail to meet ADA requirements for sidewalks and public ways. (ii) In approving outdoor seating, the Design Review Board may impose conditions relating to location, configuration and lighting and other operational features of the use to ensure compatibility with surrounding uses, maintenance, sound and compliance with other applicable Town codes. (2) Restaurants, with drive-in or drive-thru. Refer to Subsection 7.24.060(f), Commercial - Financial Service, with drive-thru (above) for standards. (h) Commercial - Vehicles and Equipment. (1) Automobile Vehicle repair shop, minor: (i) Outside storage or repair work is not allowed. (i i) Body work and spray painting must be confined to properly ventilate indoor bays that shall be closed from the outdoors during use. (iii) Sales of new and used motor vehicle parts are allowed as an incidental use to the repair shop; however, no outside storage of product is allowed. (iv) Service bay openings facing a public street or a residential zoning district shall be screened to a height of at least six (6) feet. (2) Car wash: (i) To the maximum extent practicable, the entrance to a car wash bay shall be sited so as not to be visible from the primary street frontage. (i i) Notwithstanding the general setback requirements in districts where this use is permitted, a twenty -foot setback for vehicle wash and service bays, service areas or canopies is required from any adjacent street. The setback shall be landscaped in accordance with Section 7.28.050, Landscaping. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 77 of 112 ATTACHMENT A (iii) Stacking of cars shall be accommodated on site and in conformance with the on -site parking requirements in Subsection 7.28.020(e), Off -Street Parking. (iv) Vehicle wash or service bays facing a rear or side setback shall be screened from adjacent residential properties by a screening wall or fence of at least six (6) feet in height. (v) Outdoor vacuuming facilities may be outside, but not in the front yard setback nor closer than one hundred (100) feet from any residential district. (3) Gasoline/fuel stations: (i) A fuel pump canopy shall utilize the same architectural design and materials as the principal building on the lot. (ii) Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line. Lights and fixtures shall not extend below the surface of the ceiling of the canopy. (iii) Lights shall not be mounted on the top or sides (fascias) of the canopy and shall not be externally illuminated, except as part of an internally illuminated sign that meets the standards of Chapter 15.28, Sign Code. (iv) Canopy lighting shall not exceed twenty (20) lumens per square foot under canopies. (Ord. 21-09 §12, Ord. 13-02 §5; Ord. 12-02 §3; Ord. 10-14 §3) CHAPTER 7.28 - Development Standards 7.28.030 Access Drive Requirements (a) Purpose. The purpose of this Section is to direct the design of access to developments to help ensure the safety and mobility of the traveling public. (b) Applicability. The provisions in this Section are applicable to all development. (1) The Town Engineer may accept minor modifications from the standards of this section if an equivalent level of public safety can be demonstrated by the applicant requesting the modification. Requests for modifications shall include justification of safety equivalency and a demonstration of the acceptability of the alternative to the relevant emergency service providers. A minor modification may include, but is not limited to, grade percent of private driveway slope or similar. (c) State Design Standards. Pursuant to Section 43-2-147 (1)(a), C.R.S., access approaches to roadways under the jurisdiction of the Town must meet the design standards found in Sections 3 and 4 of the Colorado State Highway Access Code, 2 CCR 601-1. In addition, those parcels directly accessing highways under the jurisdiction of the Colorado Department of Transportation shall be required to obtain a State Highway Access Permit pursuant to the State Highway Access Code. (d) Additional Standards. In addition to the foregoing, public and private access approaches and driveways shall be subject to the following standards: (1) Access By Emergency and Service Vehicle: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 78 of 112 ATTACHMENT A (i) All dwellings and other structures shall be accessible by emergency and service vehicles. All dwellings and other structures shall be accessible by emergency and service vehicles. A maximum grade of ten (10) percent and a minimum centerline radius of forty-five (45) feet is recommended to comply with the International Fire Code (IFC). A maximum grade of eight (8) percent and a minimum centerline radius of forty-five (45) feet is recommended for driveways on north -facing slopes or other slopes prone to icing from lack of winter solar exposure. Curves should be widened generously in both circumstances. Private access drives that do not achieve the minimum or exceed the maximum recommendations must obtain preliminary approval of the proposed driveway design from all emergency providers prior to permit approval and driveway acceptance prior to the issuance of a Certificate of Occupancy. (ii) Unless otherwise approved by the Eagle River Fire Protection District, public and private access approaches and driveways in excess of one hundred fifty (150) feet in length shall be provided with adequate area for emergency vehicle turnaround in close proximity to the residence or structure served. Access approaches and driveways in excess of three hundred (300) feet in length shall provide an area adequate for emergency vehicle turnarounds in close proximity to the residence or structure served and shall also provide vehicle turnouts where the driveway is expanded to be at least eighteen (18) feet wide at one -hundred -fifty -foot intervals. Alternatively, the private accesses or driveways may be designed to accommodate two-way traffic. Turnarounds shall be constructed in accordance with Town standards. The Town Engineer may request a turning movement exhibit at any time during application review. (2) Driveways in Mountainous Terrain: (i) Applicability. All driveway access and parking lots on lots containing slopes in excess of thirty percent (30%). (ii) Driveways on lots with slopes greater than thirty percent (30%) shall be designed to ensure safe, convenient and adequate access to individual buildings and shall conform to the following standards: (A) Driveways shall to the maximum extent feasible follow natural contour lines. (B) Driveways shall minimize disturbance or the cutting of slopes. Shared driveways are encouraged when the design will minimize cut, fill and disturbance of slopes. (C) Driveways shall not cross slopes over thirty percent (30%) unless specifically authorized by the PZC, after finding that all of the following conditions and constraints are applicable: (1) No alternate location for access is available; (2) No significant adverse visual, environmental or safety impacts will result from the driveway crossing, either as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts. (iii) Proposed development on lots with mountainous terrain may require the preliminary layout and design of the individual driveways at the preliminary plan stage and the precise design Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 79 of 112 ATTACHMENT A of the driveway at the final plan stage, to assure that access can be provided to each dwelling unit served by the driveway in compliance with the standards of this Section. (iv) Driveways may be considered public improvements and thus collateralized, constructed and subject to the terms and conditions of the other public improvements in the development. (3) Driveways Requiring Significant Cuts and/or Fills Discouraged. Driveways that require significant cuts and/or fills are discouraged. Applicants are encouraged to relocate development to areas within the proposed development where such cuts and fills are not required. (4) Clearance From Intersections. Driveways shall be restricted for a sufficient distance from any intersection with road approaches to preserve normal and safe movement of traffic. Driveways shall provide the following intersection clearances, exclusive of driveway and intersection return radii or flares. (i) A minimum intersection clearance of fifty (50) feet shall be provided for residential driveways and a minimum intersection clearance of one hundred (100) feet shall be provided for commercial driveways. (ii) In the Town Core, a minimum intersection clearance of fifty (50) feet shall be provided for residential and commercial driveways where dedicated turn lanes for the driveways will be present. Where there are no dedicated turn lanes, the minimum fifty -foot intersection clearance may be extended at the direction of the Town Engineer. (5) Backing Onto Roads Prohibited. All parking areas shall be located and designed in conjunction with a driveway, such that vehicles exiting from a parking space shall not be required to back onto the right-of-way of a public street; provided, however, that vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a local street if it does not present any safety concerns. Vehicles exiting from a parking space for any use may also back onto the right-of-way of an alley adjacent to the property. (6) Maximum Number of Entryways. Generally, no more than one (1) entryway shall be allowed for any parcel of property where the frontage is less than one hundred (100) feet. Additional entrances or exits for parcels of property having a frontage in excess of one hundred (100) feet shall be permitted only when the applicant demonstrates they are required for necessity, create a better site design and that safety to the traveling public will not be compromised. (7) Not Encroach. All driveways shall be located so that the flared portion adjacent to the traveled way shall not encroach upon adjoining property. (8) Minimum Width. The minimum width of the commercial access driveway shall be ten (10) feet for a one-way drive and twenty-four (24) feet for a two-way drive. The minimum width of the industrial access driveway shall be twelve (12) and twenty-four (24) feet, respectively. (9) Residential Driveway Requirements. Residential curb cuts and driveway grades shall meet the following requirements: (i) The driveway curb cut width, not including the radii on driveway return, shall be between ten (10) feet and fourteen (14) feet wide for single-family and duplex lots. Residential multi - Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 80 of 112 ATTACHMENT A family accesses (three [3] or more units) shall have a driveway curb cut width, not including the radii on driveway return, between twenty (20) and twenty-four (24) feet wide; (ii) The driveway grade shall not exceed four percent (4%) for the first twenty (20) feet measured from the edge of pavement of the adjoining street, unless otherwise accepted by the Town Engineer and emergency providers as required in 7.28.030.D.1.i; 7.28.060 Screening This section is being amended to update references to exterior equipment and objects requiring screening. (a) Purpose. Certain site features are required to be screened from public view or adjacent properties, as indicated in this Section. All fences, walls and plant materials used to meet the screening requirements of this Section shall meet the related standards of this Chapter. (b) Minimum Screening Requirements. The following shall be screened on all properties: (1) All outdoor refuse facilities, compost, and recycling receptacles. (2) All antennas shall be located so that they are screened from view from any public right-of-way or neighboring property. Screening may be accomplished by or through the use of landscaping materials, existing structures, sub -grade placements or other means that both screen the antennas and appear natural to the site. (3) Satellite dishes shall be screened from neighboring properties. Screening must be accomplished through the placement of the satellite dish on the building. A separately built fence may not be used. If this standard cannot be met in a manner that achieves an operable satellite dish on the property, then the Town will work with the property owner to select the least visually intrusive placement where the satellite dish is operable. (4) Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fully screened from view from all public rights -of -way and all neighboring properties. (c) Mechanical Equipment. The standards of this Section shall apply to all of the following: (1) Electrical and gas -powered mechanical equipment; (2) Ductwork and major plumbing lines used to heat, cool or ventilate; and (3) Power systems for the building or site upon which the equipment is located. (4) Roof and/or wall -mounted antennas and vent openings shall not be considered mechanical equipment for purposes of these screening standards. The standards of this Section are not intended to apply to solar arrays, solar energy collection systems or small wind energy systems, if such systems are otherwise in compliance with applicable building codes and development standards requirements. Exterior wall mounted or free-standing HVAC systems or components, thereof. (d) Screening Standards (1) Roof -Mounted Mechanical Equipment. Roof -mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building's architectural design. The parapet wall or similar feature shall be of a height equal to or greater than the height of the Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 81 of 112 ATTACHMENT A mechanical equipment being screened. Roof -mounted mechanical equipment, except solar energy collection systems, is prohibited on single-family residential dwellings. (2) Wall -Mounted Mechanical Equipment. Wall -mounted mechanical equipment, except portaNe air conditioning equipment (e.g., window AC units), that protrudes more than six (6) inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture of the subject building. Wall -mounted mechanical equipment that protrudes six (6) inches or less from the outer building wall shall be designed modified to blend with the color and architectural design of the subject building to the greatest extent practicable. (3) Ground -Mounted Mechanical Equipment. Ground -mounted mechanical equipment shall be screened from view by landscaping, a fence or a decorative wall that is integrated into the architecture of the structure. The fence or wall shall be of a height equal to or greater than the height of the mechanical equipment being screened. Ground -mounted mechanical equipment that requires significant air intake and cannot be screened using fencing or landscaping may be modified using alternative techniques (e.g. painting) with Community Development Director approval. (4) Alternate Screening. Mechanical equipment that is not screened in full compliance with the screening standards of this Section shall be reviewed in accordance with Section 7.16.080, Development plan. Alternate screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, architectural features and painting. (e) Loading and Service Areas. (1) All service areas shall be placed at the rear, on the side of or inside buildings. (2) No service area shall be visible from a public right-of-way or from adjacent residential areas. (3) Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries. (4) Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks, areas designated for permanent parking or storage of heavy vehicles and equipment or materials. (5) Screening shall be long enough to screen the maximum size trailer that can be accommodated on site. (f) Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the following shall be used to screen outdoor storage areas from adjacent properties and ROWs: (1) Freestanding walls, wing walls or fences; (2) Earthen berms in conjunction with trees and other landscaping; or (3) Landscaping, that must be opaque and eight (8) feet in height at maturation. (g) Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shopping cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic corrals are prohibited. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 82 of 112 ATTACHMENT A (h) Refuse Facility/Dumpsters (1) All refuse facilities, including new refuse facilities placed on an existing development, shall be completely screened from the public right-of-way and adjacent nonindustrial zoned properties. (2) Screening shall be achieved by a six-foot masonry wall or wooden fence. Agate opening to the facility shall be situated so that the container is not visible from adjacent properties or public ROW. Chain -link gates are not permitted. Gates must have tie -backs to secure in the open position. (i) Screening Materials and Design. (1) Unless otherwise provided in this Section, screening may be accomplished by fencing, plant materials or both fencing and plant materials. Screening with plant materials shall achieve opacity by maturity. Masonry walls may be allowed for screening only if they are designed as an integral component of the building architecture. In all cases, plant materials must be used to screen utility boxes. (2) No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unless required in other subsections of Section 7.28.060. (3) Berms. (i) Minimum Requirements: (A) Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and (B) Berms must be stabilized with vegetation consistent with the requirements of the landscape area. (C) Berm may not be installed as a means to block views of neighboring properties or interfere with drainage systems. (Ord. 23-01, § 2(Exh. A); Ord. 21-09 §15; Ord. 10-14 §3) 7.28.080 Fences This section is being amended to increase the wind speed requirement, consistent with Building Codes. 7.28.080.(b)(2)(11)(C) (C) Solid fences shall be constructed to meet the wind design criteria including wind speed minimums of the adopted International Building Code. wind speed of ninety (90) moles per hour 7.28.090 Design Standards This section is being amended to address a roof pitch that is currently not recommended. 7.28.090(d)(3) (d) Generally Applicable Residential Design Standards: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 83 of 112 ATTACHMENT A (1) Applicability. The standards in this Section are applicable to the development of any residential development pursuant to Section 7.28.010, Purpose and Applicability. (2) Building Separation. The minimum separation between residential buildings, including accessory buildings, is fifteen (15) feet. Architectural projections, such as decks, bay windows and roof overhangs, may project into the separation area, but may not encroach into required setbacks. (3) Roofs: (i) All residential buildings shall have pitched roofs with a detectable rise of not less then four (4) inches in twelve (12) inches of distenne. Primary roofs shall have a four -to - twelve (4:12) minimum and a twelve -to -twelve (12:12) maximum. However, other primary roof forms may be permitted if it is demonstrated that the proposed roof design has implemented considerations of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure. Secondary roofs shall have a four -to -twelve (4,12) minimum and motel roofs shell have a three -to -twelve (3!12) minimum be pitched whenever practicable, consistent with the primary roof. However, Hat roofs may be permitted if the flat roof is consistent with the architectural style of the building. (ii) All buildings shall incorporate roofline modulation. Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips and snow guards should be utilized to protect these areas from roof snow sheddina if necessary 7.28.0900)(4)(ix) (ix) Roofs. Roofs will serve to define scale. In addition to the general requirements of Paragraph 7.28.090(c)(4), the following regulations shall apply to the roofs on mixed -use and nonresidential structures: (A) The use of dormers (shed, peaked, eyebrow, etc.) is required to help break up large expanses of roof, to enhance the usability of attic spaces and to add visual interest. Secondary dormers and roof elements shall be proportional to scale and style. (B) All primary roofs and secondary shed roofs shall haW „itches of no less than four -to -twelve (4:12) be pitched for drainage purposes, unless otherwise designed incorporating a drainage system. (C) Overhangs are required on pitched roofs. The minimum overhang length (measured from the point where the wall meets the roof) is eighteen (18) inches for structures two (2) stories or less. For structures between three (3) and four (4) stories the minimum overhang shall be twenty-four (24) inches. For structures exceeding four (4) stories, the minimum overhang length shall be thirty-six (36) inches for primary roofs. (D) Flat roofs are discouraged, except for limited roof areas for the location of concealed mechanical equipment or for architectural effect. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 84 of 112 ATTACHMENT A (E) Roofs shall be varied and articulated; however, valleys and complex roof forms are a potential source of ice build-up and water damage and shall be used carefully and sparingly. (F) Roofs shall be proportional to the height and scale of the various building elevations. The primary roofs and upper portion of the walls shall be articulated so as to minimize their visual impact on surrounding properties, which may include such measures as the introduction of decks and the lowering of rooflines. (G) In the Town Center, unglazed concrete, copper, metal or terne-coated steel are acceptable roof materials. Wood shake shingles are prohibited. Asphalt and fiberglass are generally discouraged. Tile and metal roofs shall be a dull finish or patina naturally over time and be muted to fit within the context of the overall building design. (H) All snowmelt systems must be in compliance with Building Code. CHAPTER 7.32 - Engineering Improvement Standards 7.32.040 — Paved tTrail design. This section is being amended to remove the term Paved, as it is a misnomer. CHAPTER 7.34 - Sign Code 7.34.010 Sign Code This section is being amended to clarify, reorganize information in a logical fashion, and to ensure Avon visually remains relevant. (a) Statement of Purpose. The purpose of this Sign Code is to: (1) Coordinate the type, placement, and physical dimensions of signs. (2) Preserve the right of constitutionally protected free expression, which may be displayed on signs. (3) Encourage the innovative use of design. (4) Promote high quality and weather_resistant signs that are properly maintained over time and renovated when necessary. (5) Maintain the mountain town character of the community through the use of signs that are aesthetically pleasing, of appropriate scale, and harmonious with the built scale. (6) Guarantee equal treatment through accurate record keeping and fair and consistent enforcement. (7) Provide a reasonable balance between the right of an individual to identify a business or express a message, and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices. (8) Permit signage that advances and conforms with the policies of the Comprehensive Plan. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 85 of 112 ATTACHMENT A (b) Definitions. As used in this Chapter, the following terms shall have the meanings indicated: Advertised sale means a business has run an online, print, and or radio promotion to the public for a limited -sale event. Aggregate sign area means the total sum of the area of all signs on the building or property, except those signs that are exempt from the review requirements of this Chapter. Animated sign means signs that use movement or change of lighting to depict action or create a special effect or scene. Awning sign means a sign painted on, printed on, or attached flat against the surface of a shelter, which projects from and is supported by the exterior wall of a building, and which is constructed of non -rigid materials. Banner means a sign made of fabric or any non -rigid material, typically having no enclosing or supporting framework. See also Temporary Sign Building Facade means the entire outer surface of an exterior wall of a building, including windows and parapets. Building front means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a primary entrance to the building. For the purposes of this Chapter, a building shall be considered to have up to two (2) building fronts as the property upon which it is situated has lot fronts. Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet. Canopy sign means a sign that is mounted on a permanently roofed shelter covering a sidewalk, building entrance or other similar area, which shelter may be wholly or partially supported by a building, columns, poles, or braces extended from the ground. Changeable copy sign means a sign on which the copy can be changed manually, or by electronic or mechanical devices, such as electrical or electronic time and temperature units, or digital displays. Changeable copy signs shall be classified as permanent signs. Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street or sidewalk, and the lowest point of any sign, including framework and embellishments, extending over the grade. Community Development Department means that department designated by the Town Council responsible for approving applications for sign installations and who is responsible for enforcement of the provisions of this Chapter. Construction sign means a temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. Copy means the wording on a sign surface in either permanent or removable letter form. Digital Display or Electronic Message Center means a sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 86 of 112 ATTACHMENT A Directional/informational sign means a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot. Double-faced sign means a sign with two (2) faces, if not parallel then with an interior angle of not greater than ninety degrees (900). Drive -through sign means a permanent sign located along a drive -through lane. Electronic sign means a sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to, LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve and alternate periodically. Event sign means a temporary sign allowed as part of an approved event permit, on a parcel subject to the terms of such event permit. Exempt sign means a sign expressly designated as exempt from the sign approval requirements under this Chapter. Feather sign is a type of advertising signage that is shaped like a feather or flag and is used to promote a business, event, or product. Also known as feather flags, teardrop flags, flag banners, beach - wings, and promotional flags. Finished grade means the existing level of a property after any development or construction activity and prior to the erection of a sign Flag means any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. Flashing sign means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs or signs that, through reflection or other means, create an illusion of flashing or intermittent light. Foot-candle means a unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One (1) footcandle is equal to one (1) lumen per square foot. Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from the ground and detached from a building. The term includes pole sign, pedestal sign, monument sign, and ground sign. Government sign means a sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. Height (of a sign) means the vertical distance measured from the existing grade (at the time of sign application) below the sign to the uppermost point of the sign or sign structure, whichever is higher. Illegal sign means a sign which does not meet the requirements of this Code, and which has not been designated as "legally nonconforming". Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 87 of 112 ATTACHMENT A Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians passing along the adjacent sidewalk. Legal Nonconforming sign means a nonconforming sign designated as "legally nonconforming" under Section (K) of this Chapter. Maintenance means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design, location, or structure of the sign. Marquee means a permanent roof -like structure or canopy of rigid materials supported by, and extending from, the facade of a building. Marquee sign means any sign attached to a building or supported by a marquee structure. Masonry inscription means any text or numeral etched into masonry. Multi -faced means any sign having more than two (2) faces. Multiple business building means a building designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own entrance, either exterior or interior. wall. Mural means a work of art or a Daintina that is aDDlied to, and made an intearal Dart of, an exterior Nonconforminq sign means anV sign that was approved bV the Town of Avon, erected and maintained to the enactment of this title and anv amendments thereto, but that fails to conform to all aDDlicable regulations and restrictions of this title. Off -premises sign means a commercial sign that does not pertain to the use of the premises on which it is located. On -premises sign means a sign that pertains to the use of the premises on which it is located. Owner means the owner of the property on which a sign is located. The property owner is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Community Development Department. Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall. Permanent sign means any sign that is permanently affixed or attached to the ground or to any structure. Portable sign means any sign designed to be moved easily, and not permanently affixed to the ground or to a structure or building. Private warning sign means an owner -erected sign designed to warn others of specific dangers or prohibitions on the property. Project development sign means a temporary sign located at the site of a development project that has received Development Plan approval from the Town. Projecting sign means a sign, other than a wall sign, which is attached to and projects perpendicularly from a building wall a distance of twelve (12) inches or more, or is attached to any other structure in like manner, which structure was not designed for the sole support of the sign. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 88 of 112 ATTACHMENT A Real estate sign means a temporary sign that advertises a building, property, premises, or a portion thereof, offered for sale, rent or lease, or open house being offered, and may provide information such as the agent's name, the location of the sales office, or status of a pending transaction. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads and luminous paint. Roof sign means a sign that is erected upon, over, or on top of any portion of the roof of a building. Rotating sign means a sign in which the sign itself, or any portion of the sign, moves in a revolving manner. Such motion does not refer to methods of changing copy. Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting; also knows as 'A -frame sign'. Sign means any object, device, display, structure, or fixture involving graphics, colors, symbols, written copy, or illumination designed for the purpose of advertising, identifying, or providing information about an establishment, a business, a service, an activity, or an organization. Sign, area of means the entire surface area of a sign, as determined by the Town, including its facing, copy, symbols, electronic displays, background, and borders, but not including the supporting structure or decorative roofing, provided that there is no written copy on such structures. Sign backing means any sign that is displayed upon, against, or through any material, color surface, or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure, or similar character, or group thereof, that is neither backed by, incorporated in, nor otherwise made a part of any larger display area. h4as-ter Sign program means a comprehensive, narrative description of allowed sign types, and scaled drawings of any building, lot, parcel, collection of parcels or other premises, showing the number, size, description, color, materials and location of all signs thereon. It is used to create standard sign design guidelines for projects with multiple buildings or tenants. Sign structure means any structure that supports, has supported, or is capable of supporting a sign. Single business building means a structure or lot containing one (1) business or several related businesses under any form of ownership. If two (2) or more businesses are located in a structure or on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of this Article. Snipe sign means a sign or poster affixed to a tree, fence or any object within a public street or right- of-way. Statuary sign means any sign that is a three-dimensional, sculptured, or molded representation of an animate or inanimate object. Temporary sign means a sign or display that is designed for short-term use, and that is not intended to be permanently attached to a building wall or permanently installed in the ground. Temporary Signs are signs allowed for a limited time under this Article. Town of Avon sign means a sign erected, installed, or maintained by the Town of Avon for any public purpose, or a sign located on a building owned by the Town. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 89 of 112 ATTACHMENT A Under canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee. Vehicular sign means a sign directly placed, affixed, or painted on a motor vehicle or trailer. Walking sign means a commercial sign that is, or is intended to be, held by, attached, or affixed on a person. Wall sign means a sign attached parallel to and extending not more than twelve (12) inches from the wall of a building. This definition includes painted, individual letter, cabinet signs, and signs on a marquee or canopy. Wind -driven sign means a sign consisting of one (1) or a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze. Window sign means a sign applied, attached to a window or door, or located within thirty-six (36) inches of the interior surface of a window that is visible and/or legible from the outside. I:ET�f4fTt<V1:7611 GVIM.r.4ra ff. ZTI�T'�EWF11111011 'IN, uI (3) ProjeGfing and Freestanding signs. The area Of SUGh signs shall have only one (1) f larger double-faGed in the that (the one) GOunted of eaGh interior formed by the sign GaIGulating area, the faGes does provided any one (1) angle degrees 0 The planes of sign not be by eXGeed ninety the ). sign area of a multi-faGed sign shall GaIGUlated adding area faGes if the the faGes differs, the of all sign eXGepting one (1). faGe will be the one eXGluded from the GaIGUlatmon. siign area of The area shall be the smallest sign sum of the areas 1:[�:6T.l:�'.*.�r lt1 . R►:1f:�:tEt:ttL .rt:r.1 (4) Individual Letters or Symbols. if of individual letters or symbolls posed the wall as the baGkground (signs without baGking), the sign area sh using Gonventionall geometriG shape, with a maximum of three (3) enGlosing roermbined of the shapes shall he nonsidered the total sign shapes. The area area (d,) Permitted Signs Generally. The following signs are permitted subject to obtaining the required sign plan approvals, unless it is specifically stated below that the sign is exempt from review requirements: (aCommemorative signs, Gornerstones, and plaques not eXGeeding two (2) square feet (ex (2) Gonstrnrtion Signs, must ust he removed on or before the date of issuance of rertifinate of ornu panry for the nroient (exempt) Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 90 of 112 ATTACHMENT A (3) Dire0ionallinformational signs of six (6) square feet or less eac;h or as indic;ated on an approver) Master Sinn Program (exempt' (1) Business signs. (2) Area signs indicating a specific identified district within the Town of Avon. (3) Joint directory signs. (4) Event signs, as part of an approved event permit. (5) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty- five (35) feet in all zone districts except residential zones, in which the maximum height shall be twenty-five (25) feet (exempt). A maximum of two (2) flags per property. (6) Freestanding signs. (7) Town of Aden signs /exempt��rinrding amr digital display (8)Cv) Graveston�ecempt� `"'������NN ^• r' (9) Holiday displays and deGorations 10) Private ignc (exempt). (exempt). warn (1) Signs showing underground or publin utilities (axa� (4-2)Wall Signs. (13) Wiindow Signs (exempt, as long as square footage and type requirements are met). (448)Required street address signs. Address signs of six (6) square feet and smaller are exempt from the aggregate sign area. (457)Project development signs: The Sign Administrator may issue approval for a development sign meeting these criteria: i. Not exceed an aggregate of sixteen (16) square feet and eight (8) feet in height. ii. Not exceed two (2) signs per development project. iii. Shall be removed if a construction sign is erected or if the project is no longer in the planning approval process. iv. In no case shall a sign be retained for more than two (2) years. Public parking and loading signs for private property. Exempt signs. All sians imalemented by the Town of Avon, includina electronic signs. (2) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet. (3) Holiday displays and decorations. (4) Window signs. (5) Private warning signs Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 91 of 112 ATTACHMENT A (6) Signs showing underground or public utilities. (7) Real estate signs. (8) Construction Signs, which must be removed on or before the date of issuance of a certificate of occupancy for the project. (9) Directional/informational signs of six approved Sign Program. are feet or less each or as indicated on an (10) Election signs. (e) Temporary banners, product advertising or sale signs, or similar. Temporary banners allowed under the following procedure: The owner or operator of a business or organization may apply to the Town for a Sign Permit for the temporary banner, unless banner is permitted in conjunction with an event permit, building permit, or part of a Sign Plan. ii. A temporary banner may be displayed up to fourteen (14) consecutive weeks. per calendar year, or for fourteen (14) weeks total during a calendar year, posted in two (2) week intervals. iii. Maximum banner size is thirty-two (32) square feet. Banners shall be in good condition, without rips or tears, and all corners shall be attached to a building or a Droiection of a buildina. iv. A business or organization may hang no more than one (1) banner at a time. Banners allowed as part of an approved event permit. Banner may be posted 2-weeks prior to the event and shall be removed within 24 hours after the event concludes. Banner as a temporary sign. Banners may be posted in anticipation of a new business under construction until permanent sign is achieved. A permanent sign is required to be obtained within 14 weeks of initial banner Dostina. (4) Primary contractor banner on construction site fencing or on access gate. Banner may remain for duration of construction, until site fencina or aate is removed. Banner to be permitted through building permit process for that location. Product advertising or sale signs. i. Interior product signs placed in windows shall be incidental to the business and shall be limited to twenty-five (25) percent % of the window where it is placed. ii. Interior or exterior sales signs may be used for the duration of an advertised sale only and may not be used on an ongoing basis. Signs shall not proliferate either interior windows or exterior areas so that the property becomes unsightly or conflicts with the compatibility of neighboring businesses. iii. Sandwich boards may be used during business hours advertising daily promotions with placement limited to private property. Signs may not be placed on sidewalks or within road right-of-way and may not impede pedestrian movements or the accessibilitv dimensions of the entrance. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 92 of 112 ATTACHMENT A (ef) General requirements. (1) No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractor license issued by the Town. (2) Maintenance, installation, and placement standards. All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the Town, its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as the Chapter has not specifically directed the placement of a sign. a. All signs to be placed on light poles or similar objects dedicated to the Town, or, upon objects located within the public right-of-way require License Agreements prior to installation. ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and placement of signs on a building shall comply with the adepted international adopted Building Code -(-IDS} and local amendments. iii. Wall signs, marquee signs, and canopy signs may be placed on any wall as appropriate. In no case, other than as part of an approved Master Sign Program, shall any more than two (2) wall -mounted signs be placed on anyone (1) building facade. Wall signs may not interrupt any architectural feature. iv. Signs are not subject to the setback requirements of the zone district where they are located, provided that no sign, or part of the sign, shall project beyond a property line. No freestanding sign may be located where it impairs the visibility for motor vehicles. A sight triangle shall be established in which no sign is erected in a manner that limits or obstructs the sight distance of motorists. Adjacent parcel owners may request to erect a common sign structure on their common lot lines if written agreement is presented as evidence to the Town, and the Town further agrees to such plan. No sign shall interfere with or obstruct sidewalks, multi -use trails, utilities, snow storage areas, or drainage facilities. v. Projecting signs shall not project over six (6) feet from the face of the building. vi. All signs shall be properly maintained. Exposed surfaces shall be clean and painted as paint is required. Defective parts shall be replaced. Faded plastics shall be replaced. The Sign Code Administrator shall have the authority to order repairs or repainting as necessary. vii. Permanent signs and sign structures shall be constructed by a professional sign manufacturer or be of similar professional quality. Metal sign components shall be noncorrosive or coated with suitable paint to prevent corrosion. Permanent signs shall be fabricated on materials that are of good quality, durable, and weather- resistant. viii. Temporary signs shall be durable, weather -resistant, and fastened or anchored adequately. Temporary signs employing plywood as a substrate shall be of medium density overlay plywood and shall show no signs of cracking or peeling on the painted Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 93 of 112 ATTACHMENT A surfaces. Lightweight fabrics or similar materials shall be mounted securely to a rigid surface. ix. A freestanding sign erected at the edge of a parking area or adjacent to a traffic lane shall have a barrier at the base to prevent collision between motor vehicles and the sign. x. No wall -mounted, projecting, marquee, awning, or canopy sign shall be located above the ceiling of the second story of a building. A Signs shall be readable, with letters large enough to be legible, and with adequate contrast (3) Sign Materials. Signs shall use quality materials intended for long-term exposure or exterior use including but not limited to natural stone, anodized metal, routed or sandblasted wood, such as rough cedar or redwood; interior -lit, individual plexiglass-faced letters; or three-dimensional individual letters with or without indirect lighting. Signs shall be preserved using high grade paint or stains, when applicable. (4) Landscaping. Low-water IL-andscaping is required for all freestanding signs, and should be designed to enhance the signage aP4 of the surrounding building laed g. (5) Lighting. Lighting shall be of no greater wattage than is necessary to make the sign visible at night and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed in such a manner that direct light does not shine in a disturbing manner. Lit signs shall not be illuminated when the business is closed. (6) Location. On multi -story buildings, individual business signs shall be limited to the ground level. (7) Vehicular signs. Vehicular signs are exempt from review and are allowed if all of the following criteria are satisfied: The vehicle is operable and has a current valid registration; ii. The sign is permanently or directly applied to the vehicle itself; iii. Vehicles with signs permanently or directly applied must be normally and regularly used for the transport of persons, goods or services, or be in the service of a municipal, county, state, or federal agency; and iv. Vehicles with signs must be parked or stored in areas designated for parking or vehicle storage and must not obstruct site circulation. (8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto - oriented electronic messages, images, and/or changeable copy signs are permitted only for gasoline pricing, parking garage stall counter displays, drive-thru menu boards, drive-thru lane informational signage, provided that they meet the following criteria: Such signs shall be equipped with automatic dimmers, which shall be programmed to not exceed three tenths (.3) footcandles over ambient light levels. Signs shall not cause distractions to drivers with moving images or similar effects. iii. Individual letters are limited to seventeen (17) inches in height. iv. Digital signs are included in sign area calculations. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 94 of 112 ATTACHMENT A v. Drive-thru signs shall be oriented to face the interior of the lot and include adequate screening to not impact the view of neighboring properties or the adjacent street. (9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone district, subject to the following regulations: Interactive storefronts must be designed, installed, and maintained to function as a computer -generated interactive display that responds to the physical activity of engaged pedestrians passing along the adjacent sidewalk. Signs shall be placed on the interior of a pedestrian oriented display window. iii. Messages displayed on interactive storefronts must be oriented towards pedestrians, and not passing motorists. iv. Interactive storefront signs count towards the calculation of maximum allowable window display area, Section (g)(3)(iii). v. The dimensional maximum of an interactive sign is three square feet or a 28-inch monitor. (qj Sign Area Calculation. (1) Measuring Sign Area. When the surface area of a sign consists of a conventional geometric shape, such as a rectangle or an oval, the accepted mathematical formula for calculating area shall be used in determining the sign area. (2) Irregular Geometric Shapes. If a sign consists of a geometric shape without an accepted mathematical formula for calculating area, the sign area shall be calculated by enclosing the sign within a rectangle or the closest conventional geometric shape, with a maximum of three (3) enclosing shapes. (3) Projecting and Freestanding signs. The area of such signs shall have only one (1) face (the larger one) counted of each double-faced sign in calculating the area, provided that any one (1) interior angle formed by the planes of the sign faces does not exceed ninety degrees (901). The sign area of a multi -faced sign shall be calculated by adding the area of all sign faces excepting one (1). If the area of the sign faces differs, the smallest sign face will be the one excluded from the calculation. The area shall be the sum of the areas of each module or cabinet, including any framing, trim, or molding. (4) Individual Letters or Symbols. If a sign is composed of individual letters or symbols using the wall as the background (signs without backing), the sign area shall be calculated by enclosing each word and/or symbol within a rectangle, or the closest conventional geometric shape, with a maximum of three (3) enclosing shapes. The combined area of the shapes shall be considered the total sign area. (#sl) Regulations in Residential Zoned Districts. (1) Residential project entrance signs. Residential project entrance signs are permitted as follows: One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square feet in area and eight (8) feet in height; Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 95 of 112 ATTACHMENT A One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and eight (8) feet in height. iii. One (1) wall sign is permitted per street frontage in the RH district. Total aggregate sign area of wall signs for shall not exceed twelve (12) square feet per front, or twenty-four (24) square feet per development. (2) One (1) construction sign shall be permitted for single family and duplex residences not to exceed six (6) square feet. Multi -family developments shall be permitted a maximum of two (2) construction signs per development site, not to exceed an aggregate sign area of twelve (12) square feet. (3) Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service. (g) Regulations in Mixed -use and Commercial Lots. (1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per lineal foot of building front. (2) Multiple business lot signs. Total sign area shall not exceed one (1) square foot per lineal foot of building front for the first thirty-two (32) feet and one-third (113) square foot per lineal foot of building front in excess of thirty-two (32) square feet. Total building or project identification sign area shall not exceed a maximum of sixty-four (64) square feet per lot front. (3) Generally applicable sign requirements. Multiple signs. More than one (1) sign is be permitted, provided the total sign area does not exceed the total allowed for the lot or building. Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, a maximum of four (4) signs per property at any one time, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service. iii. Window Signs shall not exceed twenty-five (25%) of the area of the window onto which they are attached. All window signs must be on the interior surface of the window. Window signs are exempt from the approval requirements, and do not count towards the aggregate sign area. iv. A maximum of two (2) construction signs shall be permitted for each construction project not to exceed an aggregate sign area of sixteen (16) square feet. V. Portable sandwich board signs are permitted only in the Town Core, provided that all of the following criteria are met: Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 96 of 112 ATTACHMENT A (A) Sandwich board signs must have a well -maintained appearance and shall not exceed three (3) feet in width or three (3) feet in height. (B) Only one (1) sandwich board sign is permitted per business or organization. (C) Sandwich board signs must be located within five (5) feet of the building entrance, or the building area occupied by the entity posting the sandwich board sign. (D) Sandwich board signs shall only be posted during business hours, or the operating hours of the entity posting the sign. (E) Sandwich board signs shall not obstruct pedestrian walkways or parking areas and shall not result in non-compliance with the Americans with Disabilities Act (ADA). (h) Master Sign Programs. (1) The purpose of a Master Sign Program is to establish a common theme amongst signs on a building or development project to create visual harmony between the signs, and other design elements on the property. (2) Master Sign Programs are encouraged for all properties and are required as a part of the development plan process for all proposed projects. The owner, builder, or developer of a building designed for single use shall present to the Community Development Department a Master Sign Program showing proposed locations of all signs. Multi -business buildings. The owner, builder, or developer of a building designed for occupation by two (2) or more businesses under separate ownership shall present to the Community Development Department a Master Sign Program showing proposed sign locations, types, and methods of allocating sign area allowances to tenants' use. (3) Master Sign Programs shall be in accordance with: The Master Sign Program will demonstrate coordinated signage by maintaining a certain uniformity of appearance through the consistent application of three (3) out of the six (6) following elements: color, size, shape, materials, mounting, or lighting. All proposed locations of freestanding signs and building directories shall be shown. Master Sign Program changes or proposals may not be made without HQA aoxOwner's Association or building owner approval. iii. All Master Sign Programs shall be in written and plan form. (A) Program Statement shall include: height off the ground, the locations, types, (freestanding, projecting, etc.) illumination, sizes (square footage) of each sign according to the corresponding building face, and any additional information as determined by the Sign Administrator. (B) Drawn plans shall include: (1) Site plan showing dimensions, colors, materials, copy, illumination, and required landscaping for all freestanding signs. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 97 of 112 ATTACHMENT A (2) Program elevation showing locations, overall and letter/figure dimensions, colors, materials, proposed copy, illumination, and anchoring of each sign on the building. (3) Perspective, Sketch -up, or other type of rendering. (4) Any additional information as determined by the Sign Code Administrator. iv. Master Sign Programs may include sign examples with wording, colors, materials, etc. to further define the program requirements. V. Master Sign Programs may include limitations on wording, colors, design, lighting, materials, and other restrictions. vi. Proposed signs, not in accordance with the property' approved Master Sign Program, will only be considered by the Planning and Zoning Commission upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners' association. Non -complying signs must: (A) Demonstrate compliance with purpose statements of this Chapter; and (B) Be found to enhance and generally modernize the site. vii. Relevancy of a Sign Program. Sign Programs are expected to be updated to maintain relevancy with redevelopment occurring within Avon, changes in architectural design, improvements or updates, or changes to general design trends including materials, colors, technology, and uses. Noticeably outdated signaqe shall be replaced as redevelopment within Avon occurs. Sign programs should be examined and updated every 10 years to ensure plans are reflective of any changes coinciding with redevelopment or new development within the town. 1. Outdated signaqe is signaqe that is no longer current or relevant to modern life. Some sians miaht be considered outdated if thev are: Signs that are more than 10 years old might need to be updated, even if they are not damaged or have other issues. Liij Signs that are faded or deteriorating. Signs that no longer blend in with the surrounding area or the building's exterior design. Branding associated with businesses subject to a Sign Program are permitted to switch out signs where logos have been modernized without an amendment to the Sign Program. If the backing of the signs as part of the exchange requires replacement, sign permits may be necessary to satisfy Building Codes. Signs may not increase in numbers. nor size with this exchanae. (i) Prohibited signs. The following signs, unless otherwise stated herein, are prohibited: (1) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 98 of 112 ATTACHMENT A (2) Signs imitating or resembling official traffic or government signs or signals, or signs creating an unsafe distraction for motor vehicle operators. (3) Signs that are in disrepair, damaged, dilapidated, inadequately maintained, or components of signs which do not function as intended - as determined by the Sign Code Administrator. (4) Moving, animated, revolving, rotating, or reflective signs. (5) Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare; or which obstruct free ingress to or egress from a required entrance or exit way. (6) Nonconforming Signs, except legal nonconforming signs. (7) Neon, other gas -filled, or LED light tubes, with the exception of open and closed signs, or product branding (e.g. liquor stores). /Q��ners, eXGept as deSGribedbb ,.,; i Temporary banners as alloved as pert of an approver) event permit Temporary banners allowed under the following prOGedure: the owner or operator of a business or organiz—ation may apply to the Town for a temporary banner for display up to thirteen (13) weeks per ralenrdar year, for two (2) week intervals Mwim� �m banner soze is thirty-two (32) square feet Banners shall he in good nonrlition , without rips or tears, and all Gorners shall be attaGhed to a building or a projeGtion of a building A business or organization may hang no more than one (1) banner at a t (9) Signs erected on public rights -of -way, except Town of Avon. (10) Wind -driven signs, air -activated graphics, or inflatable signs. (11) Signs that utilize or incorporate searchlights. (12) Signs mounted on the roof of a building, above canopies or eaves, or extending above the uppermost edge of a parapet wall. (13) Walking signs, human signs, signs incorporating live animals, or sign spinners. (14) Signs with auditory messages or sounds, unless provided for public safety purposes. (15) Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches, streetlights, or placed on any public property or public right-of-way. (16) Portable wheeled signs and portable message center signs., unless provided for public safety purposes. (17) Billboards or Off -Premises signs. between the letters and the background. (18) Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape. (19) Statuary signs, except those proposed as part of a building sign, and whose area does not exceed fifty percent (50%) of the area of the sign. (20) Projected image signs or signs with projected copy. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 99 of 112 ATTACHMENT A (21) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in color. (22) Freestanding signs supported by a singular pole or post. (23) Under -canopy or hanging signs that extend beyond the edge of the canopy or roof from which they are suspended. (24) Back -lit awning signs. (25) Internally illuminated cabinet signs are prohibited except for those which use a non -opaque material and punch -through letters so only the letters are illuminated. Not Allowed Allowed 26) Sians advertisina websites. events. oroducts. or services of or for businesses not located on the subject property are prohibited. (j) Safety standards. (1) Freestanding or projecting signs and sign structures shall be engineered to withstand the minimum wind and snow load requirements of the adopted Building Codes. A building permit and associated engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted for signs over ten (10) feet in height and/or forty (40) square feet in area. (2) Signs in danger of falling down, or which become insecure, or otherwise represent an unsafe condition shall constitute a violation under the provisions of this Chapter, and shall be removed or corrected by the sign owner. (3) Electrical wiring for energizing an electrical sign shall be underground in the case of freestanding and behind the sign cabinet in the case of wall or projecting signs. (4) All freestanding signs shall be self-supporting, erected on or permanently attached to a concrete foundation. Signs mounted on marquees or projecting signs shall be engineered such that no guy wires are needed for support, other than the sign structure itself. Wall signs shall be mounted on the wall of the building. (5) Anchors and supports shall be guarded and protected when near driveways, parking lots, or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to safely support the loads Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 100 of 112 ATTACHMENT A applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an unbraced parapet wall. (k) Legal nonconforming signs. (1) An existing sign which does not conform to the provisions of this Chapter may be eligible for the designation of legal nonconforming, provided that the Sign Code Administrator determines that such sign is properly maintained according to all applicable legal requirements, does not in any way endanger the public, and was covered by a valid permit or variance or complied with all previously applicable laws. (2) A sign may lose this designation if the sign is relocated or replaced, or the structure or size of the sign is altered in any way, other than normal maintenance. If the sign suffers more than fifty percent (50%) appraised damage or deterioration from fire, wind or other cause except vandalism, it must be brought into compliance with this Chapter. If the sign is remodeled, moved, or copy or text is changed under new ownership, or was never erected in accordance with any code in force at the time, the sign shall be removed or brought into compliance with this Chapter. (3) The Town Council may condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning and Zoning Commission; (4) By amortization. The right to continue to use or operate a nonconforming sign shall terminate five (5) years after the effective date of the ordinance codified in this Chapter or the annexation of the area in which the sign is located to the Town. (1) Sign Variations. (1) The Town recognizes that not all buildings are sized or scaled appropriately to adhere to these code requirements. If certain circumstances exist where the sign limitations results in a sign that is undersized or not proportional in scale to the structure, the applicant shall apply for either a revised Sign Plan (if two (2) or more units or buildings are affected), or, by the PZC through the application of Alternative Design, pursuant to S Section 7.16.120 for signs concerning only one (1) unit or building. CHAPTER 8.24 - Public Nuisances 8.24.065 Driveways must be "' Surface This section is being amended as the term "paved" was misleading (a) All driveways and parking areas, on any lot, tract or parcel of land, shall be paved finished or surfaced with an approved material like asphalt, concrete, gravel, or similar, acceptable to the Town Engineer. (b) Any lot, tract or parcel of land that gains access to a Town street via an easement through private or public property shall have a continuous paged surfaced driveway, of an approved material, from the Town street to such lot, tract or parcel of land. (c) It is unlawful for any lot, tract or parcel of land to be kept in a manner that causes dirt or mud to be tracked on to the public right-of-way. Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 101 of 112 ATTACHMENT A (d) If any property is found to exist in violation of this Section the property owner, manager or any other person in control of the property shall be deemed guilty of creating a public nuisance. This area intentionally left blank Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 102 of 112 ATTACHMENT A 7.24.040 Table of Allowed Uses This section is being amended to update and modernize common uses (includes reorganization and the expansion of where some uses are permitted), language, and simplification of types of uses. Also for review, removal of certain uses not yet established in Avon, thought not to be in the best interest of the Town moving forward with consideration of sustainable design (e.g. retail drive thru use). Table 7.24-1 Allowed Uses Use Category Use Type P - Permitted Use S = Special Review Use Use -Specific Districts in GREY are retired and not available for rezoning. Regulations Residential Nonresidential RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD M/H C MU 1 /2 Residential Uses Household Living Dwelling, Single -Family Detached P Dwelling, P Two -Family/ Duplex Dwelling, Townhouse Dwelling, Multi -Family Community Housing P Dwelling, live/ work Accessory Dwelling Unit S Dwelling, timeshare, interval ownership or fractional fee ownership/ vacation club Group Living Group homes Retirement home, nursing home or S assisted living facility Accommodation Bed and breakfast S Hotel, motel and lodge Public and Institutional Uses Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 103 of 112 P P S P P P S P P P P P P P P S P Ill P P P P P P P S P P P P P P P P P P P P P P S S S P S S S P P S S S S S S S P P S S S S S S S S S S S S S S S S S S P P P P P P [1] Limited to 8 units per building in RM SF/DU Units Only 7.24.050(d) 7.24.060(a) 7.24.060(b) ATTACHMENT A Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Residential Nonresidential RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD M/H C MU 1 /2 Community Services Art gallery or museum P P P P P P Community centers S S S P S P P S P P P Library P P Government services, offices and S P P P P P facilities Post office branches S S S P P P Religious assembly S S S S S S S S S S S S Day -Child Care Preschool, nursery school S S S S P S S P S S S Family Child Carejn Hhome S P S P S S S P S P S P S P P S S P P P P Child Care Center S S P S S P S Educational Facilities College or university (nonexempt) S P S S P P School, K-12 (public and private) P P P P S P P S P School, vocational- technical and P P P trade Parks and Open Arboretum or botanical garden S P P P Space Community garden P P P P P P P P P Community playfields and parks P P P Golf course P P P P P P P Parks and forest preserves P P (private, not -for -profit) Public dog parks P P P P P P P P P P P Transportation Bus terminal S P Rail terminal (passenger) S P P Commercial parking facilities S S P (surface & structure) Utility Major energy facilities S Public utility substations where no S S S S S S S S S S public office, repair or storage facilities are maintained Ground mounted solar devices P P S Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 104 of 112 Use -Specific Regulations 7.24.050(a) 7.24.050(a) 7.24.060(c) 7.24.0650(c-d) 7.24.060(c) 7.24.050(a) 7.24.050(a) 7.24.050(a) 7.24.050(b) 7.24.060(d) Use Category Use Type Small wind energy system Wireless communication tower and/or antenna Commercial Uses Animal sales and Kennel or Animal Boarding services Pet shops Veterinary clinic, small (indoor only) Veterinary clinic, large (with outdoor runs) Auction House Assembly Auction yard Membership clubs Financial Service Financial institution, with drive- thru Financial institution, without drive- thru Food and Beverage Bakeries Services Bars or taverns Coffee or specialty drink shops Restaurant, with drive-in or drive- thru Restaurant without drive-in or drive-thru Health Care Facilities Medical center/ hospital Urgent care facility Medical and dental clinics and offices Long-term Care Facility Office Administrative and professional offices Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 105 of 112 ATTACHMENT A P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Residential Nonresidential RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD M/H C MU 1 /2 S S S S P S S P S S S S S S S S S S S S S S S S S S S P P P li S S S S P P P P P P P P P P P P P P P P P P P P P P S S S S S P P P S P P S P P P P P P P P P P P P S P P P P P P P P P S S P P Use -Specific Regulations 7.24.060(e)(3) 7.24.060(f) 7.24.060(h)(2) 7.24.060(g) Use Category Use Type Office with showroom and/or warehouse facilities Recreation and Outdoor commercial recreation Entertainment, Riding academies Outdoor Recreation and Indoor commercial recreation/ Entertainment, Indoor entertainment Sexually- oriented business Theater/ performance hall Personal Services General personal services Barber shops, beauty salons, day spas Dry cleaning and laundry service Tattoo parlors, body piercing (Private office above ground level uses Tattoo parlors, body piercing, ground level Retail (Sales) General Retail Antique shops Applian Ge stores Art shops Book and stationery stoFes Clothing stores Convenience store, with fuel Convenience store Drug stores, Pharmacies Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 106 of 112 ATTACHMENT A P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Residential Nonresidential RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD M/H C MU 1 /2 P S P P P P P P P S P S P P P P P P P P P P P P P P P P P S P P S S S S P P P P P P R P P P P P P P P P P P P P P P P P P P P P P P P P P P P P S S S P P P P P P P P P P P P S P P P S W Use -Specific Regulations See definition Personal Services 7.08.010 Use Category Use Type Drug stores, Pharmacies with drive thru Electrical supply stores Florists Furniture shops Gift shops Grocery stores Home improvement store, under 25,000 sq. ft. Home improvement store, over 25,000 sq. ft. Jewelry, craft and hobby shops Medical marijuana, marijuana establishment and marijuana club Music, radio and television stores Nursery, landscaping supply Office supply store Liquor stores Smoke or vape shops Paint stores Photographic studios Retail sign shops Detail sales with drive_thru Shoe st6Fes SpeFting and athletiG goods st@Fes Tey stores Wholesale Business Wholesale business Vehicles and Automobile Vehicle repair shop, equipment minor Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 107 of 112 ATTACHMENT A P - Permitted Use S = Special Review Use Use -Specific Districts in GREY are retired and not available for rezoning. Regulations Residential Nonresidential RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD M/H C MU 1 /2 S P S P P P P P P P P P P P P P P P P P P P P P P P P P P S P P P P P P P P P P P P P P P P P P P S P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P S S Is S 9 R R P R P P R R R R R R P R P P P P P S S P 7.24.060(h) ATTACHMENT A Use Category Use Type P - Permitted Use S = Special Review Use Use -Specific Districts in GREY are retired and not available for rezoning. Regulations Residential Nonresidential RD RL RM RH CH RH- NC MC CH TC SC P PF IC OLD M/H C MU 1 /2 Autemob+le Vehicle repair shop, major Automobile Vehicle sales and rental Car wash Centralized loading dock and goods distribution center qiq Industrial Service Industrial Service Research facilities (commercial) Builder Construction industry rys related businesses and or supply yard Heavy industrial uses Light industrial uses Junk yards Lumberyards except when indoors as art of a hardware store S S E MENNEN P Mining and mineral extraction S S S S S S S Manufacturing and Machine and welding shops Production Manufacturing, heavy Manufacturing, light Warehouse and Mini Self storage Freight Movement Storage warehouses Waste and Salvage Recycling center / facility, indoor Recycling facility, drop-off P P P P P P (Ord. 16-14 §2; Ord. 14-06 §4 ; Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3; Ord. 19-06 §5) Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 108 of 112 P S S S S P R P P S S S S S S S S P P P P S S P__J 1 P P P 7.24.060(h) ATTACHMENT A APPENDIX 7-C Plat Certificates (NEW) TOWN CERTIFICATE THIS PLAT IS APPROVED BY THE TOWN OF AVON, COUNTY OF EAGLE, COLORADO THIS DAY OF A.D., 202, FOR FILING WITH THE CLERK AND RECORDER OF THE COUNTY OF EAGLE. APPROVAL OF THIS PLAT BY THE TOWN IS A CONSENT ONLY AND IS NOT TO BE CONSTRUED AS AN APPROVAL OF THE TECHNICAL CORRECTNESS OF THIS PLAT OR ANY DOCUMENTATION RELATING THFRFTO WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: THE TOWN OF AVON BY: ATTEST: DIRECTOR OF COMMUNITY DEVELOPMENT TOWN CLERK OR MAYOR, TOWN OF AVON (For Final/Major Plats) CERTIFICATE OF DEDICATION AN OWNERSHIP KNOW ALL PERSONS BY THESE PRESENTS THAT BEING SOLE OWNER IN FEE SIMPLE, SUBJECT TO MATTERS OF RECORD, AND AS SOLE MORTGAGEE OF ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF AVON. EAGLE COUNTY. STATE OF COLORADO. DESCRIBED AS FOLLOWS: [LEGAL DESCRIPTION] AND CONTAINING ACRES, MORE OR LESS, HAS BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME AS SHOWN HEREON AND DESIGNATES THE SAME AS . TOWN OF AVON. COUNTY OF EAGLE. STATE OF COLORADO AND HEREBY DEDICATE FOR PUBLIC USE THE STREETS SHOWN HEREIN INCLUDING AVENUES, DRIVES, BOULEVARDS, LANES, COURTS, AND ALLEYS TO THE TOWN OF AVON; AND THE UTILITY AND DRAINAGE EASEMENTS SHOWN HEREON FOR UTILITY AND DRAINAGE PURPOSES ONLY; AND DO FURTHER STATE THAT THE REAL PROPERTY AND IMPROVEMENTS ON THIS PLAT SHALL BE SUBJECT TO THE DECLARATIONS FOR FILED AND RECORDED FOR THIS SUBDIVISION IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY, COLORADO, AT RECEPTION NO. EXECUTED THIS OWNER: BY: NAME DAY OF Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 109 of 112 ATTACHMENT A STATE OF COLORADO ) SS. COUNTY OF EAGLE THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF .202 . BY ,AS OF THE REAL PROPERTY DESCRIBED ABOVE. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC MORTGAGEE: BY: NAME STATE OF COLORADO ) ) SS. COUNTY OF EAGLE 1 THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 202 BY .AS OF THE REAL PROPERTY DESCRIBED ABOVE. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC CERTIFICATE OF DEDICATION AND OWNERSHIP (CONDO MAPS KNOW ALL PERSONS BY THESE PRESENTS THAT BEING SOLE OWNER IN FEE SIMPLE, SUBJECT TO MATTERS OF RECORD, AND AS SOLE MORTGAGEE OF ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO. DESCRIBED AS FOLLOWS: EGAL DESCRIPTIO AND CONTAINING ACRES, MORE OR LESS, HAS BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO CONDOMINIUM UNITS AND COMMON AREAS AS SHOWN HEREON AND DESIGNATES THE SAME AS TOWN OF AVON. COUNTY OF EAGLE. STATE OF COLORADO: AND Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 110 of 112 ATTACHMENT A DO FURTHER STATE THAT THE REAL PROPERTY AND IMPROVEMENTS ON THIS MAP SHALL BE SUBJECT TO THE DECLARATIONS FOR FILED AND RECORDED FOR THIS SUBDIVISION IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY. COLORADO AT RECEPTION NO. EXECUTED THIS DAY OF , A.D., 202 OWNER: BY: NAME : STATE OF COLORADO SS. COUNTY OF EAGLE ) THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 202 , BY AS OF THE REAL PROPERTY DESCRIBED ABOVE. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLEARK AND RECORDER AT O'CLOCK , ON THIS DAY OF 202 AND IS DULY RECORDED AT RECEPTION NO. SURVEYOR'S CERTIFICATE I , DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED TO PRACTICE LAND SURVEYING UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS SUBDIVISION PLAT IS A TRUE CORRECT AND COMPLETE PLAT OF AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND/OR UNDER MY SUPERVISION AND ACCURATELY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND RIGHTS OF WAY OF SAID PLAT AS THE SAME ARE MONUMENTED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATION GOVERNING THE SUBDIVISION OF LAND, THAT SUCH PLAT IS BASED UPON THE PROFESSIONAL LAND SURVEYOR'S KNOWLEDGE, INFORMATION AND BELIEF, THAT SUCH PLAT HAS BEEN PREPARED IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE, AND THAT SUCH PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D., 202 Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 111 of 112 ATTACHMENT A SEAL COLORADO LICENSED PROFESSIONAL LAND SURVEYOR LICENSE NUMBER SURVEYOR'S CERTIFICATE (CONDO MAPS) I, , DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS CONDOMINIUM MAP IS TRUE, CORRECT AND COMPLETE AND FULLY AND ACCURATELY DEPICTS THE IMPROVEMENTS, INCLUDING THE CONDOMINIUM UNITS AND COMMON OWNERSHIP AREAS, AND IDENTIFIES LOCATION, LAYOUT, DIMENSION, AND HORIZONTAL AND VERTICAL BOUNDARIES; THAT SUCH MAP WAS PREPARED SUBSEQUENT TO SUBSTANTIAL COMPLETION OF THE IMPROVEMENTS; AND THAT SUCH MAP COMPLIES WITH, AND CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S 38-33.3- 209 AND ALL OTHER STATUES AND REGULATIONS APPLICABLE TO MAPS OF CONDOMINIUM INTEREST SUBDIVISION. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS DAY OF A.D.. 202 SEAL COLORADO LICENSED PROFESSIONAL LAND SURVEYOR LICENSE NUMBER TITLE CERTIFICATE DOES HEREBY CERTIFY THAT IT HAS EXAMINED THE TITLE TO ALL LANDS SHOWN HEREON AND THAT TITLE TO SUCH LANDS HEREIN VESTED IN . FREE AND CLEAR OF ALL LIENS. TAXES. AND ENCUMBRANCES, EXCEPT AS FOLLOWS: CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF , A.D., 202 TREASURER OF EAGLE COUNTY Code Text Amendments June 16, 2025 - DRAFT CTA 24002 Page 112 of 112 PLANNING AND ZONING COMMISSION Avon FINDINGS OF FACT AND RECORD OF DECISION C O L O R A D O DATE OF PUBLIC HEARING: June 9, 2025 TYPE OF APPLICATIONS: Code Text Amendment FILE NUMBER: CTA25002 APPLICANT: Town of Avon This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #CTA25002: regulations. FINDINGS: Recommendation for Town Council to Approve the Natural Medicine 1. The development application is complete; 2. The development application provides sufficient information for PZC to determine if it complies with the relevant review criteria; The development application complies with the goals and policies of the Avon Comprehensive Plan; 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment that results in a physical project utilizing public services or infrastructure. 5. The text amendment promotes the health, safety and general welfare of the Avon community by providing a framework for Natural Medicine businesses to operate in a safe manner in compatible areas; The text amendment consistently promotes the purposes stated in this Development Code by dividing the Town into areas for Natural Medicine businesses to operate (AMC §7.04.030(a)); and 7. The text amendment is necessary to respond to new state regulations. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson DATE: PZC Record of Decision: CPA25001 AVON PLANNING & ZONING COMMISSION A MEETING MINUTES ,ovo n MONDAY DUNE 9, 2025 PUBLIC MEETING BEGINS AT 5:30 PM C O L O R A D O PLANNING AND ZONING COMMISSION TRAINING: 5:00 PM 1911:1414iv414:011Lllc �%laIT, l CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:30PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, CARLY HANSEN, ELIZABETH WATERS, RICK SUDEKUM, NANCY TASHMAN, NICOLE MURAD AND BRIAN SIPES WERE PRESENT. ALSO PRESENT WERE PLANNING MANAGER JENA SKINNER, PLANNER II MAX MORGAN, DIRECTOR OF COMMUNITY DEVELOPMENT MATT PIELSTICKER, TOWN ATTORNEY NINA WILLIAMS, AND DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. SWEARING IN OF NEW COMMISSION MEMBERS ACTION: COMMISSIONER BRAD CHRISTIANSON WAS SWORN IN FOR A SECOND TERM BY DEPUTY TOWN CLERK BRENDA TORRES. 3. CHAIRPERSON AND VICE -CHAIRPERSON APPOINTMENTS ACTION: COMMISSIONER CHRISTIANSON MOVED TO APPOINT COMMISSIONER SIPES AS CHAIRPERSON. COMMISSIONER SUDEKUM SECONDED THE MOTION AND THE MOTION PASSED UNANIMOUSLY, 7-0. COMMISSIONER SIPES MOVED TO APPOINT COMMISSIONER CHRISTIANSON AS VICE -CHAIRPERSON. COMMISSIONER TASHMAN SECONDED THE MOTION AND THE MOTION PASSED UNANIMOUSLY, 7-0. 4. APPROVAL OF AGENDA ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE AGENDA. THE MOTION PASSED UNANIMOUSLY, 7- 0. 5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS COMMISSIONER HANSEN RECUSED HERSELF FROM ITEM 7.2 DUE TO HER INVOLVEMENT WITH THE PROJECT. 6. PUBLIC COMMENT -COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. THE SPEAKER MAY BE GIVEN ONE (1) ADDITIONAL MINUTE SUBJECT TO PLANNING AND ZONING COMMISSION APPROVAL. THERE WERE NO PUBLIC COMMENTS. 7. JOINT WORK SESSION WITH AVON TOWN COUNCIL 7.1. CTA24002 AVON MUNICIPAL CODE UPDATES TO TITLE 7 DEVELOPMENT CODE (CONTINUED FROM APRIL 21ST) - PLANNING MANAGER, JENA SKINNER ACTION: COMMISSIONER MURAD MADE A MOTION TO CONTINUE CTA24002 TO ,TUNE 23, 2025. COMMISSIONER TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0 MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 7.2. EAGLE RIVER VALLEY EARLY CHILDCARE FACILITY FUNDING AGREEMENT TOWN MANAGER, ERIC HEIL) ACTION: COMMISSIONER MURAD MADE A MOTION TO APPROVE THE DRAFT EAGLE RIVER VALLEY EARLY CHILDCARE FACILITY FUNDING AGREEMENT. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0 7.3. CTA25002 AVON MUNICIPAL CODE AMENDMENTS TO REGULATE NATURAL MEDICINE (TOWN ATTORNEY, NINA WILLIAMS & COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER) ACTION: COMMISSIONER MURAD MADE A MOTION TO RECOMMEND APPROVAL OF CTA25002 TO AVON TOWN COUNCIL. COMMISSIONER HANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0 8. CONSENT AGENDA 8.1. MAY 12, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER WATERS MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. 9. FUTURE MEETINGS 9.1. JUNE 23, 2025 9.2. JULY 7, 2025 10. STAFF UPDATES 11. ADJOURN THE MEETING WAS ADJOURNED AT 6:05 PM APPROVED: 9 CHAIRPERSON MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.