The URL can be used to link to this page

TC Packet 09-09-2025AVON TOWN COUNCIL MEETING AGENDA TUESDAY, September 9, 2025 MEETING BEGINS AT S: PM avon Hybrid meeting;g; in -person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org c o L o R A D o AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST 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 maybe given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of August 26, 2025 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) 6. BUSINESS ITEMS 6.1. PRESENTATION: Digital Accessibility and Public Document Access (Marketing & Communications Manager Elizabeth Wood) 6.2. PRESENTATION: Mountain Dreamers (Peter Bakken, Mountain Dreamers Executive Director) 6.3. PRESENTATION: Eagle River Water and Sanitation District Update Regarding Water Use & GO Bond Ballot Measure (Eagle River Water & Sanitation General Manager Siri Roman and Director of Business Operations David Norris) 6.4. PRESENTATION: Engineering Department Program & Services (Engineering Director Eva Wilson) 6.5. PUBLIC HEARING: ORDINANCE 25-06, Second Reading: CTA-24002 Code Text Amendments (Planning Manager Jena Skinner) 7. WRITTEN REPORTS 7.1. August 21st CASE Committee Draft Minutes (Special Events Coordinator Emily Dennis) 7.2. Bi-Monthly Sustainability Updates (Sustainability Manager Charlotte Lin) 7.3. Quarterly Public Operations Report (Public Operations Manager Gary Padilla) 7.4. 15 Sun Road Closing Update (Town Manager Eric Heil and CFO Paul Redmond) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled "Public Comment' near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article Vill. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI( ,AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 26, 2025 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in -person at Avon Town Hall and virtually via Zoom.us. Mayor Tamra N. Underwood called the August 26, 2025, Council Regular Meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Ruth Stanley, Gary Brooks, Chico Thuon, Kevin Hyatt, Lindsay Hardy, Mayor Pro Tern Richard Carroll, and Mayor Tamra N. Underwood. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Deputy Town Clerk Brenda Torres, Recreation Director Michael Labagh, Engineering Director Eva Wilson, Chief Financial Officer Paul Redmond, and Avon Police Deputy Chief Coby Cosper. 2. APPROVAL OF AGENDA Video Start Time: 00:32 Without further discussion, Councilor Stanley motioned to approve the agenda, as presented. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 01:08 Mayor Underwood asked if there were any conflicts of interest related to the agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 01:22 Mayor Underwood explained that public comment may be provided in person, via Zoom (video/audio), by telephone, or by email. She clarified that this portion of the meeting is reserved for items not listed on the agenda. Comments are limited to three minutes, with an additional minute granted at Council's discretion. Members of the public are asked to address Council directly and should not expect a response, as this time is intended solely for public input. Mayor Underwood invited comments from those present in the room or participating virtually and requested that upon stepping up to the podium, speakers state their name and, optionally, their neighborhood or Town they reside in. Ian Grask, Resident of Avon, took the podium in person to state that he had the pleasure of doing the Avon Art Walk last Friday as a self -guided tour and added it would be great for someone to lead that. He then spoke about the September 26t" event called "This Is My Brave - The Show!" at the Vilar Center. He expressed this event is important for the community as it talks about breaking down stigma around suicide prevention and mental health through story telling from 10 local community members throughout Eagle County. He said tickets are $25 and available online at the speakupreachout.org website. Jack McBride, Resident of Avon, took the podium in person to raise concerns about parking on West Beaver Creek Boulevard, and expressed opposition to allowing parking in that area. He said the length of the parking area is longer than what he believes was originally discussed. He mentioned that during the August 5t" meeting he warned Council about the fire risk posed by vehicles parking on the long grass. A few days later, after a red flag warning was issued, and staff cut down most of the grass; however, a vehicle was parked in the area while staff were working, preventing them from mitigating the grass in that specific AVON REGULAR MEETING MINUTES n TUESDAY AUGUST 26, 2025 AV %WJ n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO spot. He warned that as of today, that grass remains long, continuing to pose a fire hazard. He asked what it will take for Council to revisit this issue regarding illegal parking, recreational vehicles, and fire risk in that area. Anvee Hiehle, Resident of Avon, took the podium in person to state that she is a bartender, and she talked about an accident she experienced on August 1st involving the Hoffman commercial real estate parking system due to a low hanging chain while riding her scooter through the Chapel Place parking lot. She mentioned she got seriously injured and was out of work for a week, which means a loss of roughly $2,000 of income for her. She asked the Town to investigate Hoffman's negligence of a safety issue of low hanging chain in our town. She urged Council to hold Hoffman accountable and to implement safety requirements that protect every resident and guest. Tim McMahon, Resident of Avon, took the podium in person to ask Council if there has been any progress on the emergency action plan for when the highway closes and said it would be helpful to have one in place before the winter starts. He gave a shoutout to the Beaver Creek Resort Company for having the fire restrictions posted on their electric signs and he suggested having pamphlets at hotels to inform visitors about the fire restrictions. Stephen Smith, Resident of Avon, took the podium in person to raise concerns about ongoing issues with a negligent neighbor at 520 Nottingham Road, citing problems related to cars, accumulated junk, rodents, and a violent dog. He provided printed material, which has been added at the end of the digital Council packet for tonight's meeting. Ryan Conway, Resident of Avon, took the podium in person to state that he is Mr. Stepen Smith's neighbor at 510 Nottingham Road and in support of his statements against the neighbor residing in 520 Nottingham Road. He said this neighbor's dog has attacked his and many other dogs. He said the conditions of his neighbor's property are unbearable and along with the violent dog, he is desperately asking for the Town's help in addressing the concerns. Kathy Ryan, Resident of Avon, took the podium in person to speak of parking on West Beaver Creek Boulevard and noted she is in opposition. She said she ran into Governor Polis who suggested that she approach the Attorney General, but she will not do that as she hopes to resolve the bicycle safety issues within our community without needing the escalation. Ms. Ryan closed her public comment by asking if bicycle safety should be part of the Health & Recreation Citizen Committee purview or if a new committee within local government should be formed to specifically address pedestrian and cyclists' safety and rights. No other public comments were made in person nor virtually. 5. CONSENT AGENDA Video Start Time: 26:37 Mayor Underwood introduced the approval of the Consent Agenda to include the following: AVON REGULAR MEETING MINUTES n TUESDAY AUGUST 26, 2025 AV %Wj n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.1. Approval of August 12, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Intergovernmental Agreement with Eagle County 911 Authority Board (Deputy Chief of Police Coby Cosper) 5.3. ACTION: Intergovernmental Agreement with Eagle River Fire Protection District for Wildland Fire Mitigation in 2025 (Operations Manager Gary Padilla) Councilor Hyatt motioned to approve the Consent Agenda, as presented. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 6. BUSINESS ITEMS 6.1. PRESENTATION: I-70 COALITION UPDATE AND NEW DIRECTOR INTRODUCTION (JONATHAN GODES, EXECUTIVE DIRECTOR OF 1-70 COALITION) Video Start Time: 27:13 Jonathan Godes introduced himself as the new Director of the 1-70 Coalition, succeeding Margaret Bowes who stepped down in April. He presented an overview of the Coalition's work as outlined in the Council packet. In response to Councilor Brooks, Mr. Godes noted that the Coalition does not have its own mobile application, but CDOT's app includes Bustang and Pegasus services. Efforts are underway to improve that app, and the Coalition is exploring a bus seat reservation system to reduce long wait times. In response to Councilor Thuon, Mr. Godes clarified that the 1-70 Express Lane is a shoulder lane owned by CDOT, typically closed for safety and emergency use, and is set to expire in 2035. He also offered to advocate for legislative fixes, such as chain -up stations or signage restricting semitrucks from the left lane, if requested by Council. 6.2. PRESENTATION: TREE TOP UPDATES (TREE TOP EXECUTIVE DIRECTOR Amy OLIVEIRA) Video Start Time: 51:50 Amy Oliveira, Executive Director of TreeTop Child Advocacy Center (CAC), presented an overview of the organization, which has served the community since 2018. She stated that TreeTop's primary goals are to enhance public awareness and maintain financial stability amid a funding crisis. A significant portion of TreeTop's funding comes from the Victims of Crime Act, which has declined from $175,000 to $105,000 in 2024, and further to $84,000 in 2025. Ms. Oliveira explained that the State is unable to provide additional support, prompting TreeTop to seek assistance from local governments, expand fundraising efforts, and increase visibility at community events. In response to Mayor Pro Tern Carroll, she confirmed the funding reductions and shared the organization's website: https://treetopcenter.org. Councilor Thuon expressed interest in discussing potential funding support at a future Council meeting. 6.3. ORDINANCE 25-15, FIRST READING: AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM (AVIS) FOR SPEED ENFORCEMENT IN AVON (POLICE CHIEF GREG DALY) Video Start Time: 1:09:16 Police Chief Greg Daly and Brandon Knox with Automated Vehicle Identification System (AVIS) presented virtually on the continued first reading of Ordinance 25-15. Chief Daly explained the ordinance aims to authorize the use of AVIS for speed enforcement and enhanced traffic safety. AVON REGULAR MEETING MINUTES n TUESDAY AUGUST 26, 2025 AV %Md n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO He outlined four proposed corridors for implementation, as detailed in the Council packet. In response to Council questions, Chief Daly confirmed that citations are issued to the vehicle owner, not the driver, and that violations are zero -point infractions. He explained that CDOT approval is required for camera placement, with approvals valid for three years. Most denials are due to camera positioning rather than insufficient data. He noted that CDOT permits may take 4-6 weeks post - second reading, with installation occurring within four weeks thereafter, followed by a 30-day warning period. Public Works Director Eva Wilson confirmed that the Avon Road crosswalk beacon project has been awarded and will begin after Labor Day. Brandon Knox explained the image capture process and services included in the monthly lease fee. He also confirmed to Councilor Thuon that maintenance is included in the contract. Mayor Underwood opened the floor for public comment. Charlie Sherwood, Resident of Avon, took the podium in person, recommending postponement of camera installation until after planned improvements to Highway 6 and Avon Road are completed. Staff noted that an email from Jordan Lyles, submitted for public comment during the prior first reading, was included in the Council packet. Councilor Hardy expressed concerns and recommended postponement or starting with a pilot program. Mayor Underwood proposed separating the ordinance approval from implementation details, suggesting Council approve the system and corridors, and separately direct staff on scope and deployment. A majority of Council supported a pilot program focused on Avon Road between roundabouts four and five, with cameras in both directions. Town Manager Eric Heil encouraged inclusion of Highway 6 due to ongoing safety investments. Council requested that Chief Daly return with proposed camera locations and pilot parameters, and that Town Attorney Nina P. Williams confirm the legality of decoy signage. Mayor Pro Tern Carroll emphasized that success should be measured by improved safety, not revenue. Mayor Underwood proposed setting the second reading for September 23 to allow for additional public input. Councilor Brooks moved to approve Ordinance 25-15 on first reading; Councilor Thuon seconded. The motion passed 6-1, with Councilor Hardy opposed. Council took a 10-minute recess at 7:16 p.m and reconvened at 7:26 p.m. 6.4. PUBLIC HEARING: OUTDOOR USE OF AMPLIFIED SOUND APPLICATION SUNSETLIVE! (SPECIAL EVENTS COORDINATOR EMILY DENNIS) Video Start Time: 2:16:56 Chief Administrative Officer Ineke de Jong presented the application to extend the Outdoor Use of Amplified Sound Systems Permit for the final SunsetLlVE! concert on Sunday, August 31, from 8:00 p.m. to 10:00 p.m. She provided a summary and noted that the Special Events team has not received any sound complaints related to SunsetLlVE! to date. Mayor Underwood called for public comment; no comments were made. 4 AVON REGULAR MEETING MINUTES n TUESDAY AUGUST 26, 2025 AV %WJ n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Stanley moved to approve the extended permit to authorize amplified sound between 3:00 p.m. and 10:00 p.m. for the August 31 event. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 6.5. PUBLIC HEARING: EMERGENCY ORDINANCE 25-16, APPROVING AMENDMENT TO ORD. No. 25-14 FOR FINANCING TO PURCHASE 15 SUN ROAD (CHIEF FINANCE OFFICER PAUL REDMOND) Video Start Time: 2:23:03 Chief Finance Officer Paul Redmond presented Ordinance No. 25-16, explaining that the purpose of the emergency ordinance is to amend the parameters related to the minimum purchase price threshold for the Certificates of Participation included in Ordinance 25-14. He introduced Kim Crawford from Butler Snow and Robyn Moore from Piper Sandler, who joined virtually to provide additional context and respond to Council questions. Mayor Underwood opened the floor for public comment; no comments were made. Councilor Hyatt moved to approve Ordinance No. 25-16, an ordinance of the Town Council of the Town of Avon amending Ordinance No. 25-14, adopted on August 12, 2025, relating to financing the acquisition of certain real property for Town purposes and supporting public improvements, and approving the execution and delivery of a Site Lease Agreement, a Lease Purchase Agreement, and related documents, and declaring an emergency. Councilor Brooks seconded the motion. The motion carried unanimously with a 7-0 vote. 6.6. RESOLUTION 25-20: FINDING ANNEXATION PETITION COMPLETE (COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER AND TOWN MANAGER ERIC HEIL) Video Start Time: 2:36:04 Town Manager Eric Heil presented Resolution No. 25-20, explaining the process for the annexation petition submitted by the State Land Board. Eliot Hoyt, Assistant Director of Sustainability and Working Lands, joined the meeting virtually and expressed enthusiasm for the project. Mayor Underwood opened the floor for public comment; no comments were made. Councilor Stanley moved to approve Resolution No. 25-20, receiving the State Land Board Annexation Petition, initiating annexation proceedings, and setting a public hearing date of October 14, 2025. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 6.7. WORK SESSION: COMMERCIAL COMPOSTING PILOT PROGRAM (SUSTAINABILITY MANAGER CHARLOTTE LIN) Video Start Time: 2:42:32 Sustainability Manager Charlotte Lin and Sustainability Coordinator Sarah Smith Hymes were present in person. Ms. Lin led the work session on the proposed commercial composting pilot program and outlined the direction needed from Council. Councilor Brooks inquired about grant opportunities through the Colorado Department of Public Health and Environment (CDPHE) and Colorado Circular Communities (C3), and expressed support for a fully Town -funded pilot. Mayor Pro Tern Carroll emphasized tailoring the program to collect data requested by the State. Mayor Underwood asked about the use of the paper bag fund; Town Manager Eric Heil confirmed that recycling -related AVON REGULAR MEETING MINUTES n TUESDAY AUGUST 26, 2025 AV %WJ n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO expenses are an eligible use of the fund. Mayor Underwood opened the floor for public comment; no comments were made. Following deliberation, Council approved: 1. Launching a 12-month commercial composting pilot program; 2. Funding the pilot entirely through the Town, budgeting up to $40,000 from the paper bag fee fund, with clear expectations to businesses that future funding may depend on grants, revenues, and economic conditions; 3. Issuing a Request for Proposal (RFP) for a single compost hauler, with direction to Staff and Town Attorney Nina P. Williams to explore inclusion of proprietary pricing model protections and requirements for greenhouse gas emissions and weight data in the RFP. 6.8. WORK SESSION: REC CENTER EXPANSION AND REFURBISHMENT OPTIONS UPDATE (RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 3:20:02 Recreation Director Michael Labagh and Town Manager Eric Heil presented an update on the Recreation Center expansion and refurbishment, including cost studies, design layouts, and financial details. Mayor Underwood opened the floor for public comment; no comments were made. Councilor Hardy emphasized that repairs to the HVAC system and other infrastructure should take priority over expanding the fitness area. Several Council members agreed. Councilor Brooks inquired whether the heat recovery system used to warm the pool water could also heat the building; Director Labagh confirmed it only heats the pool water and Town Hall. Council supported phasing the project over multiple years to allow portions of the building to remain open during construction. Staff will return with further details at the September 9 Council meeting during the long-range Capital Improvements Plan (CIP) review for continued discussion. 7. WRITTEN REPORTS 7.1.Aug 4th DDA Board Meeting Draft Minutes (Town Clerk Miguel Jauregui Casanueva) 7.2.Aug 11th Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.3.Audio Visual System Update (Chief Information Officer Robert McKenner) 7.4. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 7.5. Monthly Financials (Senior Accountant Dean Stockdale) 7.6. Year -Round Food Truck Program (Senior Special Events Coordinator Chelsea Van Winkle) 6. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 3:51:54 Mayor Pro Tern Carroll provided updates from the recent CORE Transit meeting. Councilor Stanley reminded the public that tomorrow is the final AvonLIVE! concert of the season and Sunday is the last SunsetLIVE!, with both events starting at 6:00 p.m. She also encouraged community members to explore workshops offered by High Five Access Media and visit highfivemedia.org for more information. AVON REGULAR MEETING MINUTES n TUESDAY AUGUST 26, 2025 AV %Md n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Underwood thanked Fleet Mechanic Vern Velasquez and CASE Senior Coordinator Chelsea Van Winkle for organizing a successful second Cars in the Park event held last Saturday. Councilor Thuon expressed appreciation to all firefighters who came to support the Avon community. 7. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 9:05 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia.orq. RESPECTFULLY SUBMITTED: Brenda Torres, Deputy Town Clerk APPROVED: Mayor Underwood Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks Digital Accessibility & Public Document Access By Elizabeth Wood Public Document Access September 9, 2025 A Avon C O L O R A D O HB21-0111 HB21-0111: An Overview • Ensures digital accessibility for individuals with disabilities across all Colorado state and local government entities. • Applies to websites, mobile apps, documents (PDF, Word, Excel), video and audio content, online surveys and forms, internal portals and employee tools, third - party tools and platforms. Compliance Efforts in Avon Avon.org Digital Accessibility Plan & Grievance Procedure Alternative Text on all images _ Closed Captioning on all broadcasts Captions on video Timeline Documentation 2026 Budget Request — Audio Eye Archive Center to Laserfiche Migration Analytics: Jan. 1 — Aug. 31, 2025 • 283 unique views, 33 seconds average Laserfiche Weblink 9 Meets WCAG 2.0 Why are we changing Public Document Access? • Per HB21-1110, entities must comply with WCAG 2.0 AA standards (Website A-Compli.mce Town Initiatives Municipal —. 11.s Schedule Public Documents ConstrucV.. Housing S.- Content Accessibility Guidelines) Avon HOW DO I... GOVERNMENT DEPARTMENTS CONTACT US TRANSLATE Search Avon. • Laserfiche provides platform -level accessibility vs document -level accessibility, wherein accessibility of documents depends on how content is created and uploaded • Consistent with Public Document link on homepage Let's take a tour! n Please note that a Public Records Request is still needed for all other documents not available through the online public documents portal in guideline of the Colorado Public Records Law C.R.S. 24-72-201 (CORA). If you encounter an error log -in message"; the document portal service is very busy. Please try back again. Thank you TownofAvon > ... > Finance Committee > FINANCE Committee Agendas > 2025 3 Entries Name Page count D1. Finance Committee Agenda May 5, 2025 1 ❑ Finance Committee Agenda July 7, 2025 1 © ❑ Finance Committee Agenda March 3, 2025 1 Avon OLORADO Thank You w 1 1 w 1 Our Vision An inclusive mountain community that promotes equitable opportunities for immigrants with diverse backgrounds to be safe, to be celebrated, and to thrive. N uestra Vision Una comunidad inclusive en las Montanas que promueve oportunidades equitativas pars los inmigrantes de diversos origenes para que esten seguros, sewn celebrados y prosperen. Our Mission To inspire, educate, and advocate in order for immigrants and their allies to create systems that advance equity and social justice in our mountain communities. Nuestra Mision Inspirar, educar, y defender a los inmigrantes y sus aliados para crear sistemas que promuevan la equidad y la justicia social en nuestra comunidad de las Montanas. 1 m� Our Team / Nuestro Equipo Miriam Yerania - It Mary j,,s,ysonuwt Javier Peter >>> 4W - Monica Our Board / Nuestra i unta Yess IU Zuleyma A �swffe Michel Pam Carol Veronica Liz Our Community Committees, in Eagle and Summit Nil Committee Members from the immigrant community identify community needs, develop and implement solutions What does Mountain Dreamers do? Immigrant Services • Newcomer Migrant Integration Program & She lte rs • CO "Standard" Driver's License for Immigrants • ITINs &Tax Prep Assistance Immigration Legal Services • DOJ Accredited Legal Services • DACA • Re fe rra is to IRC De nve r • Immigration Financial Aid What does Mountain Dreamers do? "Oso" Outdoor Equity and Inclusion Initiative • Snowboard/Ski lesson program for immigrants and BIPOC locals • Bilingual trail signage project with National Forest • Breaking down barriers to inclusion Local and State Advocacy 10 Community Committees • Policy Coalitions • Affordable housing access, wage theft, transportation United Way of Eagle River Valley Vail Valley Care s Frechette Family Foundation Rocky Mountain Health Foundation Rose Community Foundation The Colorado Health Foundation The Colorado Trust EaleCValley olorado State Immigration Legal Defense Fund g Funders Colorado Parks & Wildlife Outdoor Equity Grant Program Vail Resorts Epic Promise (Beaver Creek) Sisters of St. Francis < Sh; Mountain Dreamers Eagle Valley Office Eagle 1099 Capitol St # 211, Eagle Conozc, sus derechc https://mountaindreamers. org� Know your rights https://mountaindreamers.org/knowyourrightsimmigration 00 re AAFe EAGLE RIVER WATER & SANITATION DISTRICT TO: Avon Town Council FROM: Siri Roman, General Manager David Norris, Director of Business Operations DATE: August 27, 2025 RE: Current Priorities and Funding Options Water and wastewater utilities continue to face challenges resulting from growing regulatory pressures, aging infrastructure, risks from climate impacts such as droughts, fires, and mudslides, and the rising costs driven by these combined challenges. Siri Roman and David Norris will present two key priorities currently being undertaken by the Eagle River Water & Sanitation District: Water Conservation Update - Excessive Water User Campaign: The 2025 Excessive Water User campaign aims to significantly reduce water consumption among the highest residential water users within the District and Authority service areas to help reach the goal of a 400 acre-feet water savings by 2026. The campaign is utilizing targeted outreach, communication, education, and support to drive conservation behavior among homeowners who were in Tier 5 (30,000 gallons or more) water use for three or more months in 2024. Funding Options for the Regional Wastewater Treatment Facility in Edwards: The District owns and operates three interconnected wastewater treatment facilities; all of which are subject to Regulation 85 (a state control regulation focused on reducing nutrients (nitrogen and phosphorus) in Colorado's lakes, rivers, and streams. In 2023, the District completed a $64 million nutrient upgrade project at the Avon Wastewater Treatment Facility. The District's wastewater discharge permits require that similar upgrades be completed at the Regional Wastewater Treatment Facility in Edwards by 2029. The Edwards facility treats District -wide (Vail to Edwards, including Minturn) wastewater solids and produces Class A biosolids. This project is primarily driven by regulatory requirements from the Colorado Department of Public Health and Environment (CDPHE) and addresses critical needs to the District's aging infrastructure. The project is currently 60% designed using integrated project delivery, and it is estimated to cost approximately $90 million. The District will ask voters in the November general election to fund the project through a mill levy increase (general obligation bond). The alternative is to fund the project through a rate increase (revenue bond). ATTACHMENT A: Presentation ATTACHMENT B: GO Bond Handout ATTACHMENT C: GO Bond Ballot measure FAQ Clean Water. Quality Life.'" 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 erwsd.org VV O LW r �a Q • M Our water conservation goal Local water use reduc Total reduction so far: Remaining to Goal = 21 erwsd.org 2025 Water Conservation Campaign A campaign focused on excessive water use by homeowners in our community Clean Water. TM duality Life: What is excessive? org • The typical residential customer uses 12,000 gallons of water each summer month • Tier 5 households use 30,000 gallons of water or more each month • Campaign starting focus is on customers in tier 5 water use 3+ months in 2024 Tier 5 households use at least 6x more water 164 per month Excessive water -use households L 1,000 kGal 800 kGal 600 kGal 400 kGal 200 kGal 4 5 Months in Tier 5 erwsd.org Priority • 1 - More than 6 months in Tier 5 O 2 - Highest Conservation Potential O 3 - Moderate Conservation Potential O 4 - Some Conservation Potential Excessive water use households by community Residential Tier 5 use for 3+ months in 2024 ommunities # of Accounts per % of Accounts per J •Community Mountain Star 43 56% Beaver Creek 104 24% Bachelor Gulch 36 19% Cordillera 114 18% Arrowhead 77 16% Vail 107 4% Berry Creek / Singletree 38 4% Edwards 35 3% EagleVail 9 1 % Avon 5 1 % TOTAL 568* -- erwsd.org * Does not include properties sold since 2024 Excessive water use by community Acre feet use by excessive -use accounts Beaver Creek Vail Cordillera Arrowhead Bachelor Gulch Mountain Star Edwards 9 Berry Creek 5 Eagle -Vail 1 Avon 1 13 14 20 11 24 33 erwsd.org Next Steps Be proactive about water use • Know how much you use and use your WaterSmart portal • Adjust to conserve Cut the waste • Shorten irrigation run times • Only water what is necessary Support native/low water use landscaping in common areas Participate in full home water assessments erwsd.org Regional Wastewater Treatment Facility in Edwards Clean Water. TM duality Life: Regional Wastewater Treatment Facility in Edwards e,w=d.o,g Nutrient Complexity in the Headwaters erwsd.org W" fi COLORADO 00 IF MEDAL WATERS Gore Creek (4 miles) A paved recreation path along Gore Creek in Vail offers easy access to one of the state's smallest sections of Gold Medal water. Cold water and ongoing efforts to enhance water quality nurture an abundance of rainbows and brown trout between Red Sandstone Creek and the confluence with the Eagle RIVer. LVAIL EEK your use seduce I�eaion2l Treatment Facility Prc 41 u77 REGULATORY COMPLIANCE AGING INFRASTRUCTURE OPERATIONAL LIMITATIONS Funding required to meet State regulatory standards ©2025 erwsd.org Clean Water. TM duality Life: $93, 000, 000 2 Core Strategies: 4k Impact to ERWSD's Typical Customer General Obligation Bond (property tax) $112 Annual property tax increase for a $1 M house Revenue Bond (rates) Annual rate increase for a typical customer erwsd.org Market Comparison (2026 or000sed vs others' 2025 Water Bill Comparison - 5Kgal Use Minturn llllli� Town of Silt Breckenridge - Out of Town Eagle - Out of Town UERWA Telluride - Out of Town Breckenridge - In Town Arapahoe County ERWSD Town of Gypsum - Out of Town Denver Water - In Town Silverthorne Steamboat Telluride - In Town Loveland - Out of Town Eagle - In Town Longmont - Out of Town Red Cliff Frisco - Out of Town Town of Gypsum - In Town Centennial Loveland - In Town Fort Collins Longmont - In Town Castle Rock Frisco - In Town $22 $72 $87 � $161 erwsd.org Water & Wastewater Bill Comparison - 5Kgal Use Telluride - Out of Town Minturn Silverthorne Town of Silt Town of Gypsum - Out of Town Telluride - In Town UERWA ERWSD Eagle - Out of Town Breckenridge - Out of Town Loveland - Out of Town Eagle - In Town Arapahoe County ■ Town of Gypsum - In Town 9 Steamboat Longmont - Out of Town Breckenridge - In Town Red Cliff Centennial Denver Water - In Town* Loveland - In Town IF Longmont - In Town ■ Fort Collins Castle Rock $70 $177 $162 $227 Next Steps Public education efforts Ways to engage: • Share information with community members • Share questions and feedback with the District • Writing a letter to the editor • Consider a resolution of support Coordinated election ballots will be mailed in October Ballots must be returned to Eagle County Clerk & Recorder by November 4 erwsd.org ©2025 erwsd.org Clean Water. T11 duality Life: ATTACHMENT B General Obligation EAGLE RIVER WATER & SANITATION DISTRICT Improvements to the Regional Wastewater Treatment Facility in Edwards The Regional Wastewater Treatment Facility in Edwards is essential infrastructure that treats wastewater solids for the entire service area of the Eagle River Water & Sanitation District — from East Vail to Edwards, including Minturn. Components of the facility are aging and must be upgraded and expanded by 2029 to comply with Colorado Department of Public Health & Environment's (CDPHE) Regulations, which aim to reduce nitrogen and phosphorus in state waters. If upgrades are not made: • The District could be in non-compliance with state and federal regulations, resulting in escalating penalties. • The cost of emergency upgrades or deferring maintenance could be far greater in the long run. Financing Options Special districts use bonds to pay for essential infrastructure projects. A Bond is similar to a loan or mortgage. The repayment of the bond comes from a time -limited increase in property taxes of residents who live in the taxing district - in this case, the District's service area or in rate increases paid by customers. The District will ask voters in the November coordinated election to fund the project through a mill levy increase (general obligation bond). If voters do not pass the ballot measure, the District will fund the project through rate increases (revenue bond). A general obligation bond impact will be different for each customer class. The typical (GO) Bond This project is a necessary investment. It safeguards our environment, protects public health, and ensures vital infrastructure keeps working for future generations. The real question isn't if we fund it, but how we make it happen. The total project cost is $93 million and the design is already 60% complete. customer would pay 2AX less through a general obligation bond compared to a revenue bond (rate increase). For example, under the proposed bond: • A property owner of a $1M home would see an estimated $112 annual increase in property taxes starting in 2026, with the exact amount varying based on the assessed value of their home. In contrast, if the District were to fund the same improvements through rate increases: • The average residential customer would pay approximately $268 each year in addition to their current monthly bill — depending on home size and usage. 846 Forest Road I Vail, CO 81657 1970.4775451 ATTACHMENT C EAGLE RIVER WATER & SANITATION DISTRICT General Obligation General Obligation Bond Ballot Measure FAQ What is a general obligation bond? A general obligation bond is like what many would consider a loan. It is issued by an investor to a borrower to pay for public projects, such as infrastructure improvements. The repayment of the general obligation bond would come from a time -limited increase in property taxes of residents who live in the taxing district - in this case, the areas serviced by Eagle River Water and Sanitation District (Vail to Edwards, including Minturn). Why is this project needed? The District owns and operates three interconnected wastewater treatment facilities. Because of the amount of wastewater processed by each of these facilities, all three are subject to Colorado's Regulation 85. This regulation sets limits on nutrients (nitrogen and phosphorus) entering lakes, rivers, and streams. Under Regulation 85, the District's wastewater discharge permits issued by the State require upgrades be completed at the Regional Wastewater Treatment Facility in Edwards by 2029. The Regional Wastewater Facility treats District -wide wastewater solids and produces Class A biosolids. These required upgrades will ensure continued compliance with state and federal water quality regulations, help avoid costly fines and litigation, and protect our water resources and public health. What will happen if we don't make these upgrades to the facility? Each year we are out of compliance, we will be violating the Clean Water Act - opening ourselves up to costly fines and potentially litigation. These fines can escalate by offense and per day out of compliance totaling millions of dollars for the federal government alone not to mention state fines. But most importantly, the public expects us to operate in a responsible manner and to be good stewards of our most precious natural resource (GO) Bond - our drinking water. We take meeting federal and state laws and regulations seriously and will continue to prioritize being an ethical utility provider now and for generations to come. My rates increase every year, why does the District need more money? Don't I pay enough each month? We understand rate increases are challenging for many of our customers. The District works hard to manage costs so that rates do not unduly burden our customers. Our goal is to continue providing safe, reliable, and sustainable service for our entire community — both today and for future generations. Here are the key reasons behind our current rates: 1. Aging Infrastructure: The District's wastewater system is decades old and beyond its useful life. These required upgrades are critical to prevent failures, maintain reliable service, and comply with Regulation 85. Investing now protects public health, avoids costly emergencies, and ensures we meet modern water quality standards. 2. Rising Costs: Just like groceries and fuel, the cost of materials, labor, and regulatory compliance has increased significantly. We're facing higher prices to maintain and operate the system safely and efficiently. 3. Environmental and Safety Standards: State and federal requirements are evolving to protect public health and the environment. Meeting these standards requires investment in advanced technology, monitoring systems, and upgrades to existing facilities. 4. Resilience and Reliability: We're investing in making our systems more resilient to climate change, extreme weather, and other risks. These improvements help us avoid costly 846 Forest Road I Vail, CO 81657 1 970.477.5451 emergencies and protect service quality in the long run. S. Equity and Long -Term Planning: We strive t o make sure the cost of service is distributed fairly and that today's customers aren't burdening future generations with deferred maintenance costs. How much will the project cost? What's the impact to me? The estimated cost of these regulatory -driven upgrades is $93 million. The District will need to take on debt to pay for this project. There are two funding options: 1) a general obligation (GO) bond, which would be repaid through property taxes or 2) a revenue bond, which would be repaid through customer rates. The District has carefully evaluated the most cost-effective way to fund critical infrastructure investments. After thorough analysis, we believe a general obligation bond is the best option for our community. While rising property taxes in the Eagle River Valley have placed a financial strain on many property owners, the impact is significantly lower than a revenue bond. For example, under the proposed GO bond: • A property owner of a $1M home would see an estimated $130 annual increase in property taxes starting in 2026, with the exact amount varying based on the assessed value of their home. In contrast, if the District were to fund the same improvements through rate increases: • The average residential customer would pay approximately $342 more per year in water rates —depending on home size and water usage. Choosing the GO bond allows us to spread the cost more broadly and predictably, helping ensure that essential services remain reliable and affordable for the long term. How long will this increase be applied to my property taxes? Depending on the terms of the bond, we assume 25-30 years. What are the next steps? Issuing a GO bond requires voter approval by the District's eligible electors. There will be a ballot question in the Nov. 4, 2025, Coordinated Election. If approved, the District can pursue a GO bond. If not, the District will need to pursue a revenue bond. Eligible electors are individuals registered to vote in Colorado and either 1) a resident in the District's service area or 2) a property owner (or spouse of a property owner) in the District's service area. All eligible electors will receive a Coordinated Election ballot in the mail in October. 846 Forest Road I Vail, CO 81657 1 970.477.5451 Ago n Engineering Department September 9, 2025 A Avon C 0 L 0 R A D 0 Eva Wilson Nicole Mosby Mackenzie Higgins Will Kearney Engineer Engineering Department September 9, 2025 n Avon C 0 L 0 R A D 0 Eva Wilson Nicole Mosby Will Kearney Mackenzie Higgins Engineer Engineering Department September 9, 2025 n Avon C 0 L 0 R A D 0 To 2012: Public Works Dept and Engineering Dept 2012 - 2022: Four Departments July 1, 2022: Under One Umbrella of Public Works Department Feb 2025: Engineering Separated as a Standalone Department Engineering Department A September 9, 2025 Avon C 0 L 0 R A D 0 •Pavement •CIP -Village At Avon •Implementation Management Administration of Climate • Development Action Projects -Traffic Counts -Major Capital and Plat Improvement Reviews -Water Rights • Bridges Projects Management • Housing • Water Quality • State Projects and Quantity Jurisdictional •Grants Dams (2) •Infrastructure And Drainage • Retaining Walls Analysis Inventory Engineering Department September 9, 2025 Regional Permits GIS Support Transportation i I Collaboration • Building • Engineering • Intermountain Permits • ROW permits Transportation • Pavements Planning • Grading • utilities Region Permits ' Retaining Walls •CIP • State Transit -ROW Permits •COMDEV Rail Committee • Floodplain • Special Events • 170 Collaborative Development Permits Effort -Public Works • 1-70 Coalition n Avon C 0 L 0 R A DO • Accomplishments - Administer Asset Management Software (PubWorks — Public Operations & Facilities Division) - Utilities Inventory — track trends and seek operational efficiencies (water/sewer bills, electric bills) Implemented work scheduling/Planning - Small equipment/supplies inventory — ensure appropriate bench stock - Restore Nottingham Puder Ditch operations, inventoried, and lined - 72" Metcalf Rd Culvert Repair — Tunnel Technology — saved $200K/no Metcalf Road closure -1st Facilities Reserve Study - Implemented work scheduling/planning - Regional Transportation Authority Effort (ECO to CORE Transit) - Pursed Grants for EV Chargers and Electric Buses /� Engineering Department / � September 9, 2025 Avon C 0 L 0 R A D 0 2025 Highlights - Engineering Engineering Department September 9, 2025 n Avon C 0 L 0 R A D 0 2024 Accomplishments Engineering Department September 9, 2025 A Avon C 0 L 0 R A D 0 • 2025 Highlights Engineering Department September 9, 2025 n Avon C 0 L 0 R A D 0 • Accomplishments • 2025 Highlights Engineering Department A September 9, 2025 Avon C 0 L 0 R A D 0 • Accomplishments • 2025 Highlights - Engineering Engineering Department A September 9, 2025 Avon C 0 L 0 R A D 0 2024 Accomplishments 2025 Highlights - Engineering Engineering Department September 9, 2025 A Avon C 0 L 0 R A D 0 Accomplishments 2025 Highlights - Engineering Engineering Department September 9, 2025 A Avon C 0 L 0 R A D 0 • Intermountain Transportation Planning Region (IMTPR) • State Transit and Rail Committee (TRAC) • I-70 Collaborative Effort (CE) • 1-70 Coalition Engineering Department A September 9, 2025 Avon C 0 L 0 R A D 0 •Pavement •CIP -Village At Avon •Implementation Management Administration of Climate • Development Action Projects -Traffic Counts -Major Capital and Plat Improvement Reviews -Water Rights • Bridges Projects Management • Housing • Water Quality • State Projects and Quantity Jurisdictional •Grants Dams (2) •Infrastructure And Drainage • Retaining Walls Analysis Inventory Engineering Department September 9, 2025 Regional Permits GIS Support Transportation i I Collaboration • Building • Engineering • Intermountain Permits • ROW permits Transportation • Pavements Planning • Grading • utilities Region Permits ' Retaining Walls •CIP • State Transit -ROW Permits •COMDEV Rail Committee • Floodplain • Special Events • 170 Collaborative Development Permits Effort -Public Works • 1-70 Coalition n Avon C 0 L 0 R A DO Thank You from the Engineering Team Questions? TO: Honorable Mayor Underwood and Council Members A FROM: Jena Skinner, AICP, Planning Manager RE: PUBLIC HEARING: Ordinance 25-06 — Second Reading Avon CTA-24002 Code Text Amendments COLOHADC DATE: August 18, 2025 SUMMARY: This report presents second reading of Ordinance 25-06 for a Code Text Amendment ("CTA") application to the Town Council ("Council") for the purpose of modifying and updating certain provisions of the Avon Municipal Code ("Code"). This package includes the items identified by the Council as requiring action, as well as additional changes necessary to comply with directives from the State of Colorado. The Avon Planning and Zoning Commission ("PZC") has reviewed this package and recommended approval of the proposed modifications. Council conducted a public hearing and adopted first reading of Ordinance 25- 06 on August 12, 2025. While there are several edits being proposed, only three (3) introduce new provisions: 7.16.045 Town Core Boundary, 7.20.085 — Mixed -use and Commercial District Encroachments, and the proposed Appendix C — Plat Certificates. Exhibit A provides a summary of changes for this Ordinance package. No changes have been made between first and second reading. OVERVIEW: This Code Text Amendment package predominantly affects Title 7: Development Code, which is largely administered and utilized by the Community Development Department. Affected language being inserted, added, or modified is red color, underlined, with language being deleted black color, and bold with strikethrough for the purposes of showing certain numbers or letters as being stricken (e.g., the number 4 is hard to see with an un-bolded strikethrough). The proposed modifications affect the following sections: • 7.08.010 General Definitions 7.16 Development Review Procedures • 7.16.020 General Procedures and Requirements • 7.16.030 Comprehensive Plan Amendment • 7.16.040 Code Text Amendment • 7.16.045 Town Core Boundary Map (New Section) • 7.16.050 Rezonings • 7.16.060 Planned Unit Development (PUD) • 7.16.070 Subdivisions • 7.16.080 Development Plan • 7.16.100 Special Review Use • 7.16.110 Variance • 7.16.120 Alternative Design equivalent compliance. • 7.16.130 Right -Of -Way Vacation • 7.16.140 Vested Property Right • 7.16.150 Location, Character and Extent • 7.16.160 Sign Plan 7.20.085 Mixed -use and Commercial District Encroachments (New Section) 7.20-13 - Town Center Zone District 970-748-4023 jskinner@avon.org Page 1 of 7 • 7.24 Use Regulations • 7.24.040 Table of Allowed Uses 7.24.060 Special Review Uses (as related to 7.24.040) • 7.28 Development Standards • 7.28.030 Access Drive Requirements • 7.28.060 Screening • 7.28.080 Fences • 7.28.090 Design Standards • 7.32.040 Trail Design • 7.34.010 Sign Code • 8.24.065 Driveways Must Be Paved • Appendix C — Plat Certificates (New Section) GOALS: The proposed Code Text Amendments are designed to make our provisions clear and accessible, promoting equity among users. Outdated regulatory language often confuses the public as terms used are often specialized or legal terms, and over time, the language has become inconsistent in its style with amendments made by different consultants and personnel. As we prepare Avon for infill development and redevelopment, it's crucial to modernize our Code for all users. The growing number of requests for design standard modifications like 2:12 roof pitches, and allowances for equipment encroachments, such as solar batteries and heat pumps, highlights this need and supports our sustainability goals. Additionally, clarifying improved use requirements will help avoid conflicts with new uses on developed properties. This clarity will enhance public understanding of the application approval process, and consistent language throughout our Code will streamline development applications, making the process more efficient for everyone involved. PROCESS: The Town Council directed Staff to submit an application for several amendments in the fall of 2023. Since that time, the staff has been working on assembling and analyzing all sections affected by this amendment package with internal referral entities. Additionally, Staff has been managing other higher - priority applications, including Code Text Amendments such as the introduction of the Community Housing Zone Districts and various important projects related to the Comprehensive Plan and its associated plans, including the Sun Road Redevelopment Plan and the Three -Mile Plan. TOWN COUNCIL STAFF PZC TOWN COUNCIL INITIATION ANALYSIS & PUBLIC HEARING ORDINANCE & October 24, 2023 REPORT RECOMMENDATION PUBLIC HEARING 4/21125 8112125 6/23/25 9/9/2025 PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 10, 2025, and was continued on record to June 23, 2025 for PZC review. This file was also published on July 25, 2025 and August 21, 2025. No public comments have been received since the first reading of this Ordinance. CTA24002 Code Text Amendments August 18, 2025 Page 2 of 7 DISCUSSION: Staff's primary goals is to enhance the clarity and communication of the Avon Code for all users, as regulatory codes are increasingly recognized as a form of equity within our community systems. This amendment has been reviewed by several entities, including the Planning and Zoning Commission (PZC), internal Staff, and the public. Although it is lengthy, this packge does not include a lot of new and or additional information, beyond what is needed for clarifying the existing language. This amendment package does not aim to rewrite Avon's Code, which has been amended and updated at various times. Instead, these amendments address repetitive issues that have arisen in processing various planning applications and administering our Code in relation to those applications. Staff has identified several provisions that are inconsistent in terms of language, writing style, references, and formatting. The goal is to ensure that the sections of the Code affecting development (planning and building) present information and requirements consistently. This consistency is particularly important in sections related to application processes. The language, especially in Title 7, must be clear, understandable, and accessible for both the public and internal communication when analyzing applications, particularly those that are quasi-judicial. The Town Attorney has also added a recent amendment language regarding Family Child Care Home to Section 7.24.050 in response to a revision to the State of Colorado statutes. This update ensures 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; Staff Response: This update aims to improve the health, safety, and welfare of the Avon community by enhancing understanding of the regulations and updating outdated provisions that may cause communication barriers. Clarifying expectations for implementing these standards is essential for promoting equity and strengthening Town -resident relationships. Additionally, it's important to keep this Code relevant to our culture and to adapt to changes in design standards, technology, and the Town's goals to improve the general welfare of our community. (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 CTA24002 Code Text Amendments August 18, 2025 Page 3 of 7 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 majority of 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 considering Avon's goal to enhance 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 Staff's 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 • This includes the Avon Housing Plan, Sun Road Redevelopment (Sub Area) Plan, and the recently adopted Three -Mile Plan. All of these plans support comprehensive future redevelopment. • 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 • 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. 1 DOLA, Updating Land Use Policies & Processes, 2024 CTA24002 Code Text Amendments August 18, 2025 Page 4 of 7 • Clarifying processes and expectations of applications to the public helps avoid lengthy back and forth between Staff and applicants when applying for development applications. This is especially important when considering the implementation of new Community Housing development. (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 aim to clarify and improve the usability of affected provisions while reflecting standard land use practices and universal language. For example, many provisions regarding design standards are being updated to better align with modern architectural trends. This reflects the many Alternative Design applications issued between 2023-2025, which all feature roofs that are less pitched compared to traditional designs. Another key focus of these amendments is to modify language to reflect social changes, particularly regarding the term "master." Current practice is to remove "master" where possible and replace it with more suitable alternatives. For instance, "Master Sign Plan" is being changed to "Sign Program." The term "master" historically conveys dominance and authority, implying a subordinate position exists, so its removal is intended to foster a more inclusive and neutral environment. Alternative terms might include Primary, Main, Original, Comprehensive, Parent, and Municipal. To increase consistency with the language on subdivision plats, a new appendix containing the appropriate certificates, will assist surveyors creating these documents. In summary, these proposed amendments do not remove or alter the intentions or purposes of the Avon Municipal Code. Rather, their overall goal is to ensure consistency and in modernizing the language, making the Code simpler, clearer, and more user-friendly for all. 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 authority to determine that the development application complies with the relevant review criteria; CTA24002 Code Text Amendments August 18, 2025 Page 5 of 7 (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: 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 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. OPTIONS: TC has the following options with the Application: • Approve of the application as drafted • Approve of the application with changes • Continue the public hearing to a specific date • Denial, with findings CTA24002 Code Text Amendments August 18, 2025 Page 6 of 7 RECOMMENDATION: Approval of this Ordinance and Code Text Amendment package/application. PROPOSED MOTION: " I move to approve Second Reading of Ordinance 25-06 Amending Titles 7 and 8 of the Avon Municipal Code." Thank you, Jena ATTACHMENT A: Ordinance 25-06 EXHIBIT A: Code Text Amendments CTA24002 Code Text Amendments August 18, 2025 Page 7 of 7 ATTACHMENT A Avon COLORAD❑ ORDINANCE 25-06 AMENDING TITLES 7 AND 8 OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon ("Applicant" or "Council") has submitted a Code Text Amendment ("CTA") application to modify the following sections: • 7.08.010 General Definitions • 7.16 Development Review Procedures • 7.16.020 General Procedures and Requirements • 7.16.030 Comprehensive Plan Amendment • 7.16.040 Code Text Amendment • 7.16.045 Town Core Boundary Map (New Section) • 7.16.050 Rezonings • 7.16.060 Planned Unit Development (PUD) • 7.16.070 Subdivisions • 7.16.080 Development Plan • 7.16.100 Special Review Use • 7.16.110 Variance • 7.16.120 Alternative Design equivalent compliance. • 7.16.130 Right -Of -Way Vacation • 7.16.140 Vested Property Right • 7.16.150 Location, Character and Extent • 7.16.160 Sign Plan • 7.20.085 Mixed -use and Commercial District Encroachments (New Section) • 7.20-13 — Dimensions for the Town Center District • 7.24 Use Regulations • 7.24.040 Table of Allowed Uses • 7.24.060 Special Review Uses (as related to 7.24.040) • 7.28 Development Standards • 7.28.030 Access Drive Requirements • 7.28.060 Screening • 7.28.080 Fences • 7.28.090 Design Standards • 7.32.040 Trail Design • 7.34.010 Sign Code • 8.24.065 Driveways Must Be Paved • Appendix C — Plat Certificates (New Section); and Ord 25-06 Code Text Amendment: General/Various Page 1 of 4 ATTACHMENT A WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on April 21, 2025, and June 23, 2025, and, prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision - making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on August 12, 2025, and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application also complies with AMC §7.16.010, General Criteria; and WHEREAS, based on the acceptance of certain findings as presented for the applicable AMC Sections, the Town Council has approved this application; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by improving the current relevancy of these regulations and the administrative functionality of the AMC for all users; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Code Text Amendments. AMC §7.16.015 and AMC §7.20.075, are hereby amended as depicted in "Exhibit A —Code Text Amendments" depicting the language to be added or amended. Section 3. Severability. If any provision of this Ordinance, or the application of such Ord 25-06 Code Text Amendment: General/Various Page 2 of 4 ATTACHMENT A provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 25-06 Code Text Amendment: General/Various Page 3 of 4 ATTACHMENT A INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on August 12, 2025, and setting such public hearing for September 9, 2025, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: Tamra N. Underwood, Mayor ATTEST: Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on September 9, 2025 BY: ATTEST: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Nina P. Williams, Town Attorney Ord 25-06 Code Text Amendment: General/Various Page 4 of 4 EXHIBIT 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. Town Center (TC) district is modified to permit 80% lot coverage to accommodate redevelopment projects. 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. EXHIBIT A 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 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) verbiaae for plat notes. EXHIBIT 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 (NEW)......................................................................................................35 7.16.050 Rezonings....................................................................................................................................36 7.16.060 Planned Unit Development(PUD)..............................................................................................37 7.16.070 Subdivisions...............................................................................................................................47 7.16.080 Development Plan.......................................................................................................................53 7.16.100 Special Review Use.................................................................................................................... 56 7.16.110 Variance.......................................................................................................................................58 7.16.120 Alternative Design equivalent GGMplianGe............................................................................... 59 7.16.130 Right -Of -Way Vacation...............................................................................................................60 7.16.140 Vested Property Right................................................................................................................62 7.16.150 Location, Character And Extent................................................................................................ 65 7.16.160 Sign Plan..................................................................................................................................... 66 CHAPTER 7.20 - ZONE DISTRICTS AND OFFICIAL ZONING MAP ........................................................ 68 7.20.085 Mixed -Use and Commercial Districts Encroachment Provisions (NEW)...............................68 Table 7.20-13 Dimensions for Town Denter District...............................................................................70 CHAPTER 7.24 - USE REGULATIONS......................................................................................................71 7.24.060 Special Review Uses.................................................................................................................. 71 CHAPTER 7.28 - DEVELOPMENT STANDARDS......................................................................................78 EXHIBIT A 7.28.030 Access Drive Requirements...................................................................................................... 78 7.28.060 Screening.................................................................................................................................... 80 7.28.080 Fences......................................................................................................................................... 83 7.28.090 Design Standards....................................................................................................................... 83 CHAPTER 7.32 - ENGINEERING IMPROVEMENT STANDARDS............................................................ 84 7.32.040 - Paved tTrail design...................................................................................................................84 CHAPTER 7.34 - SIGN CODE.................................................................................................................... 85 7.34.010 Sign Code....................................................................................................................................85 CHAPTER 8.24 - PUBLIC NUISANCES...................................................................................................101 8.24.065 Driveways must be pa Surface..........................................................................................101 7.24.040 Table of Allowed Uses..............................................................................................................102 APPENDIX 7-C PLAT CERTIFICATES (NEW).........................................................................................108 EXHIBIT 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 fie -driveway 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 August 18, 2025 CTA 24002 Pagel of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 2 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 3 of 111 EXHIBIT A Maximum Building Height ; Y Interior Section \ *Not to scale Maximum --------------- Building Imaginary line runs parallel to existing grade limiting building height Area exceeding height limitation when measured to finished exterior grade Height measurements Maximum Building Height Exterior Section Showing Envelope *Not to scale Proposed Grade at walkout inal / ting 3de Proposed Grade Original/ Ex! sting Grade 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 August 18, 2025 CTA 24002 Page 4 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 5 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 6 of 111 EXHIBIT 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. Signifloant 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 August 18, 2025 CTA 24002 Page 7 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 8 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 9 of 111 EXHIBIT 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 following groups living together as a single housekeeping unit and sha i living, sleeping, cooking and eating fa c'!'t'es ; (a) Any number group of related persons by blood, marriage, adoption, guardianship or othe duly authorized nnstodial relationship group of persons and not more than ono M additional gerseni (b) Any unrelated group of persons subject to the OGGUpanGy limitations of two (2) adults per bedroom, ; or (c) Not more than eight (8) developmentally disabled persons and appropriate st - - - — . - - 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 August 18, 2025 CTA 24002 Page 10 of 111 EXHIBIT A twenty-four hours of care per day facility for child rare in a place of residence of a family or person for the purpose of providing less than twenty -four-hour care for children under the age of i I 1 1. - years who are not related to the head Of SUGh home. Family child care home may inGI - -HP--%4 nf:;nt toddler Ghild Gare homes, large Ghild Gare homes, experienGed provider Ghild Gare homes and SUGh other types of family Ghild Gare homes designated by rules of the State Department Of SOGial Ceryines pursuant to CeGtion 76_6_106(2)(p)f` G C 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 August 18, 2025 CTA 24002 Page 11 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 12 of 111 EXHIBIT 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. HemeoOwners 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 owne ssoGiation Coo also Drooeq (Comoro A soGiatinn)(Note: will be moved "0" upon approval) Code Text Amendments August 18, 2025 CTA 24002 Page 13 of 111 EXHIBIT 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, and eating facilities, and includes: (a) One or more persons who are or are not related by blood, marriage, adoption, or legal guardianship that are living together in a dwelling unit; (b) Not more than eight (88) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as 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. Inoperable vehicle means a condition of being junked, wrecked, whollV or partiallV 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 August 18, 2025 CTA 24002 Page 14 of 111 EXHIBIT 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". Junkyard means a parcel of land, or portion thereof, used for the collecting, storage or sale of iunk, or for the dismantling or "wrecking" of automobiles or other vehicles or machiner r�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 using vegetative materials, stone, walls, fences, or similar. 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 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. Code Text Amendments August 18, 2025 CTA 24002 Page 15 of 111 EXHIBIT A 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. 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 Code Text Amendments August 18, 2025 CTA 24002 Page 16 of 111 EXHIBIT A 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 (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. Code Text Amendments August 18, 2025 CTA 24002 Page 17 of 111 EXHIBIT A Native plant means an indigenous terrestrial and aquatic species that occurs naturally in a near 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 who ma 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- 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. Code Text Amendments August 18, 2025 CTA 24002 Page 18 of 111 EXHIBIT A 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 provide nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries) psychic readers; shoe repair shops; tanning salons. These uses may 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. Phasing plan means a graphic and narrative document that displays the sequence and/or timing of intended development. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 19 of 111 EXHIBIT A 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-moo, 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 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. Code Text Amendments August 18, 2025 CTA 24002 Page 20 of 111 EXHIBIT A 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. (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. Code Text Amendments August 18, 2025 CTA 24002 Page 21 of 111 EXHIBIT A 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 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. Code Text Amendments August 18, 2025 CTA 24002 Page 22 of 111 EXHIBIT A 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. Significan�wUdgk habitat and migration oor-r4dor-s means areas designated by the Colorado Davesnon of Widinfe and/or the Colorado Natural Diversaty Informatmon Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species 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. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 23 of 111 EXHIBIT A 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. 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 Code Text Amendments August 18, 2025 CTA 24002 Page 24 of 111 EXHIBIT A 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. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 25 of 111 EXHIBIT A 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 August 18, 2025 CTA 24002 Page 26 of 111 EXHIBIT 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 LqL16,045 M H-D Rezoning (§7.16.050) M R H-R H-D Planned Unit Administrative PUD D A Development (§7.16.060) Minor PUD Amendment M R H-R H-D Lot Split PUD Amendment for Wildridge 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 M Subdivision ck n ve (§7.16.070) Minor Subdivision B A Preliminary Plan M R H-R H-D Final Plan dlVl l M R H-D Development Minor D or R H-D A Plan (§7.16.080) I Major R H-D A 1 Major in Town Core R H-R H-D Special Review Use (§7.16.100) M R H-D A Temporary Use (§7.24.080) Variance 7.16.110 M R H-D A Alternative Desi r 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 (§7.16.160) Minor D or R H-D A 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) - - - - - Mailed Noti (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 August 18, 2025 CTA 24002 Page 27 of 111 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. 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. iv 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 established by +ho Director on submittal forms available n the Administrative Manua' from the DepaFtment of Community Development -of on the Town's website. The Director may adopt standards and requirements for three-dimensional electronic and graphic information for application submittal requirements. ii 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 August 18, 2025 CTA 24002 Page 28 of 111 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. iii The minimum submittal requirements for all applications shall include: (IAA. Completed application forms; W5. Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant; An electronic Title insurance &Commitment which hasx 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 alert with copies of all documents listed in the Exceptions; Legal description of the property subject to the development application; (4E. Development application review fees; and (4 . Recent Survey executed no more than three (3) years eW r�ior 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. 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 re� 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 August 18, 2025 CTA 24002 Page 29 of 111 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. 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. ii 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. iv 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; f@a. 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; {+ Q. 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 MQ. 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 August 18, 2025 CTA 24002 Page 30 of 111 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 a development applications including preliminary subdivision, planned unit development, manor planned unit development amendments, rezoning, and 1041 permits, as measured from the boundary of the property; or 0i) For procedures that require mailed notice, notice shall be sent by first-class mail to all real Property owners within one hundred (100) feet of the property which ie the subeent of a lees skOicantfor 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 tM re uidn es 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. (v) 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 certificateion of mailing affidavit 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 b Diy rector), 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 August 18, 2025 CTA 24002 Page 31 of 111 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. 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. (2) 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 August 18, 2025 CTA 24002 Page 32 of 111 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 notification of decision to the applicant 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 August 18, 2025 CTA 24002 Page 33 of 111 EXHIBIT 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 in 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 On the plan amendment or the proposed land use provides an essential publac benefit and other locations are not. feasible or practical; 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 wallpromotealigns or is in conformance with the applicable purposes stated in this Development Code; (7) The proposed plan amendment will consistently promote the health, safety or welfare of the Avon Community and wall he consistent with the general goals and policies of the Avon Comprehensive Plan, (8) The amendment proposes a land use that offers an essential or effective public benefit; and (9) The aroaosed land use is more suitable in the aroaosed location than elsewhere in Avon. (Ord. 13-09 §2; Ord. 10-14 §3) Code Text Amendments August 18, 2025 CTA 24002 Page 34 of 111 EXHIBIT A 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 procedures for reviewing proposed amendments to the official Town Core boundary 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 Process. Applications to amend the Town Core boundary overlay shall follow the general T 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 overlay maV be initiated bV the Town Council or anV property owner with contiguous property to the Town Core. (b) Town Core Boundary. The Town Core boundary shall be adopted by the Town Council as the official boundary for this area of Avon, delineated as an overlaV zone district. The boundary shall consistently show all properties within this area, and those outside of this area within the limits of the Code Text Amendments August 18, 2025 CTA 24002 Page 35 of 111 EXHIBIT A Town of Avon. The boundary shall be readily available for public viewing online or available for the up blic: (1) Administrative updates to the official Town Core boundary in resoonse to the rezonina of properties that are not within Town Core are allowable by the Community Development Director at anV 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) E"idenGe o The proposed rezoning is in substantial compliance with the applicable purpose statements of the Development Code; (2) Consistency with the Avon Comprehensive Plan; The proposed rezoning is in substantial conformance with the goals, policies, and intents of the Avon Comprehensive Plan; (3) The Pphysical suitability of the land for the proposed development or subdivision is sufficient, if rezoned; (4) The rezoning is Compatibility compatible with surrounding land uses; (5) Whether the proposed rezoning is justified by addresses changed or changing conditions in the character of the area proposed to be rezoned; Whether the public facilities available to serve development permitted by the new zoning or the proposed development for the type and scope suggested bV the change in zoning remains adequate and does not decrease the level of service to neighboring or existing development (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Code Text Amendments August 18, 2025 CTA 24002 Page 36 of 111 EXHIBIT A (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) For rezoning within an existang PUD, consistency wath the relevant PLID Master Plan as reflectod in the approval of the applicable DI Ill• and e (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, CommunitV Housing, childcare facilities, transportation or public infrastructure improvements..-; and (11) Adequate mitigation is required for rezonang applacations which result an greater of land use or increased demands on public facilities and infr�ctrntre The proposed rezoning is suitable within the Wildfire Urban Interface (WUI) and does not increase the hazard potential of areas or on properties 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) 7.16.060 Planned Unit Development (PUD) (a) Purpose. This Section is intended to allow flexible development patterns that permit standards, requirements, or land uses that are not specifically provided for in this Development Code, resulting in a unique development that benefits 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; Code Text Amendments August 18, 2025 CTA 24002 Page 37 of 111 EXHIBIT A (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 der 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. (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. Code Text Amendments August 18, 2025 CTA 24002 Page 38 of 111 EXHIBIT A (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. (1) Coordination With Subdivision Review. "'s the intent of this Development Code 4ha subdivision ed under Section 7.16.070, Subdivisions, of appliGable, be Garr'ed out 'th the review of PUD development plans under this SeGtion. if subdivision approval is required for the subjeGt property, the PUD plans required unde this SeGtion shall be submitted On a form that satisfies the requirements for preliminary and final subdivision plat approvals. if any provisions of this SeGtion MONO with the subdivision prOGedures or standards of this Development Code, the more restriGtive o detailed requirements shall be met, unless speGifiGally altered by the Town Council. 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. Subdivision 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. to implement development in a proposed PUD, the applic-ant. shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision prelirnina-ry plans: The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Section shall apply to the 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; Code Text Amendments August 18, 2025 CTA 24002 Page 39 of 111 EXHIBIT A (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 may 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 reviewer 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 (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; Code Text Amendments August 18, 2025 CTA 24002 Page 40 of 111 EXHIBIT A (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: (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 his 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 Code Text Amendments August 18, 2025 CTA 24002 Page 41 of 111 EXHIBIT A 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 Maste 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 developmen 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; (i i) 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 development, and 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. (h) Amendments to a Final PUD Plan. Unless a final PUD Ilan 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 property owner(s) authorized to act under the governing PUD agreement, covenants, or other recorded instruments, including any 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. (i i) 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: Code Text Amendments August 18, 2025 CTA 24002 Page 42 of 111 EXHIBIT A (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. LQ 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 vacant, undeveloped to (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. (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 Code Text Amendments August 18, 2025 CTA 24002 Page 43 of 111 EXHIBIT A 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. Applications for a manor PUD amendment requiring rezoning of property outside of the existing PUD shall also utilize the review criteria for 7.16.050 Rezonings if 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 criteria listed above f^r a Prelirr�in�ra DI Ill 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; (iii) The minor PUD amendment is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibilitV 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, gas, electric, police and fire protection and sewage 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 sianificant adverse impacts Won other oroaerty in the vicinity of the subject tract. (4) Additional Review Criteria — Lot Split Amendments. The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that in^l„de a Lot Split according to the following criteria in addition to the reyieW nriterie f^r (i) The application results in less total sate Goverage improved residential design including, but not limited to, building sites with less site disturbance than what a possible duplex structure could Vield, improved drainage, decreased wildfire impacts, or improved access or connection to roadways. and Gontains use A# restriGtiGnS on The application of delineated building envelopes restricting development when deemed appr^nr„te t^ shall be used to minimize site coverage and in providing predictable building sites; (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 PUD plan associated subdivision plat as non -developable; Code Text Amendments August 18, 2025 CTA 24002 Page 44 of 111 EXHIBIT A (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 the exc+sting PUD desagna what a possible duplex structure may cause effect; 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. (i) Lapse. Unless otherwise provided by the Town Council, development of an approved final PUD Ilan 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; (i i) 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 approved 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). Code Text Amendments August 18, 2025 CTA 24002 Page 45 of 111 EXHIBIT A (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. (i i) 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 (i i) 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 Code Text Amendments August 18, 2025 CTA 24002 Page 46 of 111 EXHIBIT A (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. 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. (2) 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� ii) Is created by any interest in an investment entity; 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; (a v) 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 which would requare or which propose subdivisions requiring or Code Text Amendments August 18, 2025 CTA 24002 Page 47 of 111 EXHIBIT A proposing public improvements, that affect unplatted lands, or involve the vacation of existing public improvements. (i) An applicant shall applyfor r 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 which do not require o PFOpose public 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 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. ; but shall not subdivricions which are adminostratoye subdivisions Condominium and tomesh�re subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivici - - Q 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 applicable dedication fees have been satisfied. ill IN I IN IN (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 b ffi the PUD preliminary and subdivision preliminary plans. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 48 of 111 EXHIBIT A (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_ ^"Ie no public imnr^.,en,^„+^ are proposed; hn,. eyeF 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. review and approval. only. !, howeveF, the FevieW GFiteria for a preliminary p! 1 11 . . 1, derision of the Dir^^4^r may be annealed to the Town Goun^il PUFF ant 4n Confirm Fvvrr-. (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; (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; Code Text Amendments August 18, 2025 CTA 24002 Page 49 of 111 EXHIBIT A (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. Minor Subdivision Review Criteria. The subdivision application is consistent with previous subdivision(s) and anV associated minor or major development plan application(s) and or building permits. The subdivision application is consistent with the Avon Comprehensive Plan. The land included within the proposed subdivision is being subdivided in accordance with the zoning for the proposed use and or subdivision proposed. Code Text Amendments August 18, 2025 CTA 24002 Page 50 of 111 EXHIBIT A The 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. (f- ) 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 criterion 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. 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 marains measurina 2 inches on the left hand side and one-half inch on the remainina sides. 0i1 Information sufficient to indicate that the Final Plat will meet requirements established under Title 38, Article 51 C.R.S, as amended. ii Departing propertV lines and owners of record of all parcels adloining the proposed subdivision, including parcels separated there from onlV bV a public right-of-waV, in grey scale to indicate existing information. (iii) A computer printout, in text or excel format, of Parcel Summaries shall be provided, includin 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 keV 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: Code Text Amendments August 18, 2025 CTA 24002 Page 51 of 111 EXHIBIT A 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. Notes section, organizing all necessary information including legal disclaimers, documents, reservations. definitions (i.e. common elements). associated documents. etc. Names of all streets or roads, block letters and lot numbers shall be indicated in the required land use summarv. 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 roaster parcel, and subdivision. if resubdividina. 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. 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: 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). A Title (Company) Certificate showing marketable title in the owners, subject only to the liens or encumbrances of persons executing the Certificate of Dedication and Ownership. (See Appendix 7-C). iii. 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. iv. Town of Avon Certificate (See Appendix 7-C). Code Text Amendments August 18, 2025 CTA 24002 Page 52 of 111 EXHIBIT A v. Clerk and Recorder's Certificate (See Appendix XX). This certificate need not be completed until final signature by the Town. vi. Treasurer's Certificate of Taxes Paid (See Appendix 7-C). (9-i)Public Improvements Guarantee. Guarantees for public improvements shall comply with Subsection 7.32.100(c). (I,,j) 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 seaFeliminate or significantly modify natural landforms or topography; (2) To ensure that the location and configuration of structures, including Signs and signage, are visually harmonious with their sites and with surrounding &bs 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 harmennous 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 Code Text Amendments August 18, 2025 CTA 24002 Page 53 of 111 EXHIBIT A (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; Landscape modafacations, including but not 13mated to removal of exiisting Vegetatmon and addotmon of new vegetation; (v-iv) Deck modifications, including but not limited to additions, new construction and materials or color modifications; (W v_) Modifications to the exterior of an existing building, including but not limited to windows, doors, minor architectural details, colors and materials; (W v_i) 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 vii) Modifications to approved development plans which do not change the character of the approved design; and (+x viii) Other similar changes to a structure or property that do not significantly impact the site layout or design of a building (* ix) Mechanical equipment modifications (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. (e) Notice and Hearing. PZC shall review and render a derasion or recommendation on the development plan applinatien after conducting 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 decasnon of PZC may be appealed to the Town Counr.31 pursuant to SeGfien 7.164.W, Code Text Amendments August 18, 2025 CTA 24002 Page 54 of 111 EXHIBIT A AThe 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. Q Town Core. If the, unlumessthe application is located within the Town Core The decision of the PZC may he annealed to the Town Council pursuant to Section 7.16.180, Anneal If an applaGatmon ii-s located withan the Town Core, the Director shall review and provide a recommendation to the PZC. The PZC shall then 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 plans 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 comma Consistency with the purpose of the Development Code as specified in Section 7.04.030, Purposes; (2) Reserved (32) The rlesagn 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; (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; (65) 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 Code Text Amendments August 18, 2025 CTA 24002 Page 55 of 111 EXHIBIT A (76) The development design conforms 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. The PFOGedUFe process encourages public review and evaluation of a use's operating characteristics and site development features and ie inteniJeiJ 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 aM 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. (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; Code Text Amendments August 18, 2025 CTA 24002 Page 56 of 111 EXHIBIT A (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 tl:�-_applicant� 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 result in the 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. SRU approvals may be conditioned to run with the property, business owner, property owner, or per lessee and or with lease terms. (Ord. 11-10 §2; Ord. 10-14 §3) Code Text Amendments August 18, 2025 CTA 24002 Page 57 of 111 EXHIBIT A 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; (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 Code Text Amendments August 18, 2025 CTA 24002 Page 58 of 111 EXHIBIT A (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; 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 DecisionActi„n Notice. The Director shall notify the applicant for a variance in writing of the PZC's action within five (5) have after a decision 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 equivalent compliance. Alternative Design is an PFeEedure 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, of administrative modification, or a vehicle for relief from standards in this Chapter. Alternative design applications GOmpleanGe 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 equivalleRt GOMpleanGe shall be made concurrently with a site -specific application for a procedure identified in this Chapter. The alternative design eM„i„a'ent compliance 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; (56) Section 7.28.060, Screening; (67) Section 7.28.070, Retaining Walls; (78) Section 7.28.080, Fences; (89) Section 7.28.090, Design Standards; and Code Text Amendments August 18, 2025 CTA 24002 Page 59 of 111 EXHIBIT A 10 Section 7.32.040, Raved Trail Design. (b) Review Procedures. Applications for alternative design equivalent complianGe shall be processed concurrently with the underlying development application for which an alternative design equivalent ranee is desired and shall follow the procedures for such underlying development application. Applications for alternative design equivalent rempleanGe 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 applications that have a concurrent n*er 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 . (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; wd (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title, 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 August 18, 2025 CTA 24002 Page 60 of 111 EXHIBIT 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. 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. ii 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) Code Text Amendments August 18, 2025 CTA 24002 Page 61 of 111 EXHIBIT A 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: (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. Code Text Amendments August 18, 2025 CTA 24002 Page 62 of 111 EXHIBIT A (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). (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; (i i) 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; (i i) Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; Code Text Amendments August 18, 2025 CTA 24002 Page 63 of 111 EXHIBIT A (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; (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: lean no more than 6446) 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 Code Text Amendments August 18, 2025 CTA 24002 Page 64 of 111 EXHIBIT A 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. (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. Code Text Amendments August 18, 2025 CTA 24002 Page 65 of 111 EXHIBIT A (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 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 bV corporate branding or similar. it is designed to encourage quality signs reflective of the goals, policies and objectives 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 Ilan or comprehensive sign program. Code Text Amendments August 18, 2025 CTA 24002 Page 66 of 111 EXHIBIT A (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. i. Major sign plans iMclude all new are considered master sign programs.; aM 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 Rplans. a mModifications to a master 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 eaaster-sign program are captured through the minor sign plan application. (2) Minor sign plans or permits inGlude 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 development 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 develllopment 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 eoreplianGe conformance with the purpose of the Sign Code as specified in Section 7.32(A) Sign Code Purposes; Code Text Amendments August 18, 2025 CTA 24002 Page 67 of 111 EXHIBIT A (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; /A�ho qualityf themrraterilrto be utilized in any proposed improvement; (54) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; (65) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, menetaFy or aesth8tiG wall be impaored; 47) 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; �87) 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: u 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. (5) 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 Code Text Amendments August 18, 2025 CTA 24002 Page 68 of 111 EXHIBIT A 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: Architectural projections including eaves, roof overhangs, awnings, louvers and similar shading features; sills, belt courses, cornices and similar features; and flues and chimneys may protect not more than four feet into a required setback area up to twenty-four (24) " inches of a neighboring property line. u 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. tal Fire Escapes and Individual Balconies. Fire escapes and individual balconies not used as passageways may protect eighteen (18) inches into anV 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. u 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 protect into anV 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; u 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. u 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. u In no case shall any encroachment affect firefighting access requirements. u 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. u In no instance can any encroachment be located within an easement unless permission is aranted for the encroachment. Code Text Amendments August 18, 2025 CTA 24002 Page 69 of 111 EXHIBIT A Table 7.20-13 Dimensions for the Town Center District The purpose of this modification is to accommodate redevelopment. Table 7.20-13 Dimensions for the Town Center District Min. Lot Min. Max. Lot Min. Min. Front Min. Side Min. Rear Max. Size Lot Coverage Landscape Setback Setback Setback Building (acres or Width (%) Area (%) (feet) (feet) (feet) Height sq. ft.) (feet) (feet) n/a n/a 20 0 [1, 4] 7.5 [2] 10 [3] 80 [1] Infill development shall match the smallest setback of existing, adjacent structures. [2] TC abutting a residential district shall match the side yard setback standards of that district. [3] When abutting a public street, alley or public right-of-way. The rear setback for TC abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW. [4] Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. 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 underlvinq 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 Code Text Amendments August 18, 2025 CTA 24002 Page 70 of 111 EXHIBIT A license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject 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 51. (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: Communitv Housina. Iona term residential use. a orimary residence as defined in [3.12.0201 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. (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 with the Avon Municipal Code. The review process to amend this boundary is outlined in Section 7.16.045. (Ord. 22-09, § 2; Ord. 17-05 .§5; 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; Code Text Amendments August 18, 2025 CTA 24002 Page 71 of 111 EXHIBIT A (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 (%) ton, earth -moving equipment or cement mixers; (64) 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; (�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. (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. (e f) 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. Code Text Amendments August 18, 2025 CTA 24002 Page 72 of 111 EXHIBIT A (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. (3) Public Uses. Public uses, as defined in Table 7.24-1, Allowed Uses, are only permitted in mixed - use structures through special review. (4) Child Care/Home OGGUpation. SpeGial re i I is required for Ghild Gare as a home OMpation in duplex and multifamily dwelling units-. (i) The provisions of this SeGtion apply in Gases in whiGh a speGial review use permit is sought for a InGensed Ghild day Gare home as a home OGGUpation within a duplex o multi -family dwelling unit where the OGGUpants Of SUGh dwelling units share a GOMmon wal IMP .r 11 n I1131 1.. the .........i ..........I:......t living On a multifamily dwelI:........:t 1:....l...l:...... Code Text Amendments August 18, 2025 CTA 24002 Page 73 of 111 EXHIBIT A (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. (ii) 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 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. Code Text Amendments August 18, 2025 CTA 24002 Page 74 of 111 EXHIBIT A (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. (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.; (ii) 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. (3) Kennel. Code Text Amendments August 18, 2025 CTA 24002 Page 75 of 111 EXHIBIT A (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. (ii) 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. 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 yard 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. (i i) 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. (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. (i i) 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. Code Text Amendments August 18, 2025 CTA 24002 Page 76 of 111 EXHIBIT A (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. (ii) 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. (ii) 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. (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) CanopV 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) Code Text Amendments August 18, 2025 CTA 24002 Page 77 of 111 EXHIBIT A 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. 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 equivalencV 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 drivewaV 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: (i) All dwellings and other structures shall be accessible by emergency and service vehicles. All dwellinas and other structures shall be accessible by emeraencv 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 drivewaV design from all emergency providers prior to permit approval and drivewaV 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. Code Text Amendments August 18, 2025 CTA 24002 Page 78 of 111 EXHIBIT A (2) Driveways in Mountainous Terrain: (i) Applicability. All driveway access and parking lots on lots containing slopes in excess of thirty percent (30%). (i i) 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 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. (i i) 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. Code Text Amendments August 18, 2025 CTA 24002 Page 79 of 111 EXHIBIT A (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- 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 Code Text Amendments August 18, 2025 CTA 24002 Page 80 of 111 EXHIBIT A 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 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 portable 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. Code Text Amendments August 18, 2025 CTA 24002 Page 81 of 111 EXHIBIT A (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. (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. A gate 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. Code Text Amendments August 18, 2025 CTA 24002 Page 82 of 111 EXHIBIT A (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)(ii)(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) miles per hoer 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: (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 th,n four (4) inches in twelve (12) inches of distance, 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 metal roofs shall have a three -to -twelve (3;12) minimum be pitched whenever practicable, consistent with the primary roof. However, Fflat roofs may be permitted as secondary roofs or 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 necessarv. Code Text Amendments August 18, 2025 CTA 24002 Page 83 of 111 EXHIBIT A 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 have „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. (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. M All snowmelt systems must be in compliance with Building Code. CHAPTER 7.32 - Engineering Improvement Standards 7.32.040 — Raved Trail design. This section is being amended to remove the term Paved, as it is a misnomer. Code Text Amendments August 18, 2025 CTA 24002 Page 84 of 111 EXHIBIT A 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. (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. Code Text Amendments August 18, 2025 CTA 24002 Page 85 of 111 EXHIBIT A 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. 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 (901). 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 maV 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 flap and is used to promote a business, event, or product. Also known as feather flaps, 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. Code Text Amendments August 18, 2025 CTA 24002 Page 86 of 111 EXHIBIT A 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. 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. Mural means a work of art or a painting that is applied to, and made an integral part of, an exterior wall. Code Text Amendments August 18, 2025 CTA 24002 Page 87 of 111 EXHIBIT A Nonconforminq sign means anv sign that was approved by the Town of Avon, erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable 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. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 88 of 111 EXHIBIT A 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. Master 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. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 89 of 111 EXHIBIT A (1) Measuring Sign Area. When the surfaGe area of a sign Gonsists of a Gonventional PaIGUlating area shall be used in determining the sign area (2) irregular GeometriG Shapes. if a sign Gonsists of a geometriG shape without an acGepted mathemakal formula for GaIGUlating area, the sagn area shall be GaiGulated by enGlOSirtg the sign within a reGtangie or the GloseSt Gonventional geometriG shape, with a maximum of three (3) ennlosinn shapes (the larger one) GOunted of eaGh double-faGed sign on GaIGUlating the area, provided that any one (1) interior angle formed by the planes of the sign faGes does not eXGeed ninety degrees (3) ProjeGfing and Freestanding signs. The area Of SUGh signs shall have only one (1) ). The sign area of a multi-faGed sign shall be GaIGUlated by adding the area of all sign faGes eMepting one (1). if the area of the sign faGes differs, the smallest sign faGe will be the one eXGluded from the GaIGUlaflon. The area shall be the sum of the areas of eanh module or nabinet, n vframing, innludinentrim or molding , (4) Individual Letters or Symbols. if of individual letters or symbols using the wall as the baGkground (signs without baGking), the sign area sh Gonventional geometric shape, with a maximum of three (3) enGlosing shapes. The Gombined area of the shapes shall be Gonsidered the total sign 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: {a;Commemorative SignS, Gornerstones, and plaques not eMeeding two (2) square fee (exempt). (2) GonstrUGtion Signs, which must he removed on or before the date of iss„anne of a nertifinate of oss„pannv for the project (exempt). (3) DireGtionaiiinformational signs of six (6) square feet or less eaGh or as indiGated on an approver! Master Sinn Program (exempt► FIT (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�0n of Avon signs (exempt«,nGlUding any digital di ysT (8)�stones (exernptT Code Text Amendments August 18, 2025 CTA 24002 Page 90 of 111 EXHIBIT A (9) Holiday displays and ae o ati� ons /exo�T1r 10) Drivat inns (exempt) � Tv7�rra ce-wY� ii�rd' 3"�1��r (11) Signs showing underground or publiG utilities (exempt). (127)Wall Signs. (13) Window Signs (exempt, as long as square footage and type requirements are met). (4-4 )Required street address signs. Address signs of six (6) square feet and smaller are exempt from the aggregate sign area. (4-5 )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. (1) All signs implemented by the Town of Avon, including 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 (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 (6) square feet or less each or as indicated on an approved Sign Program. (10) Election signs. (e) Temporary banners, product advertising or sale signs, or similar. Temporary banners allowed under the following procedure: i. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 91 of 111 EXHIBIT A 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 projection of a building. 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 two (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 oostina. 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. (eqq 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. Code Text Amendments August 18, 2025 CTA 24002 Page 92 of 111 EXHIBIT A ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and placement of signs on a building shall comply with the adopted international adopted Building Code44�q 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 tester 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 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. xi. 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 ILandscaping is required for all freestanding signs, and should be designed to enhance the signage a_PA of the surrounding buildinglandGGap+ng. Code Text Amendments August 18, 2025 CTA 24002 Page 93 of 111 EXHIBIT A (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; 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. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 94 of 111 EXHIBIT A 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. (fh) 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; ii. 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. Code Text Amendments August 18, 2025 CTA 24002 Page 95 of 111 EXHIBIT A (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 (1/3) 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: (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 Maste 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. Code Text Amendments August 18, 2025 CTA 24002 Page 96 of 111 EXHIBIT A 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 '�nn, ,�TOwner'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. (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. Code Text Amendments August 18, 2025 CTA 24002 Page 97 of 111 EXHIBIT A vii. Relevancv of a Sian Proaram. Sian Proarams are exaected to be undated 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. NoticeablV outdated signage 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: u Signs that are more than 10 years old, even if they are not damaged or have other issues. ii 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 necessarV to satisfV Building Codes. Signs may not increase in numbers, nor size with this exchange. (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. (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�nens, except as described below--. Temporary banners as allowed as part of an approved event permit. Temporary banners allowed under the following procedure: the owner or operator of a business or organization may apply to the Town for a temporary banner for display up to thirteen (13) weeks per calendar year, for two (2) week intervals. Maximum Code Text Amendments August 18, 2025 CTA 24002 Page 98 of 111 EXHIBIT A banner size is thirty-two (32) square foot Banners shall be in good conrlifinn , tears,without rips or and all corners shall be attached to a bimilding or a projection of a buoldiing. A business or organizatmon may hang no more than one (1) banner at a fi (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. (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. Code Text Amendments August 18, 2025 CTA 24002 Page 99 of 111 EXHIBIT A Not Allowed Allowed (26) Signs advertising websites, events, products, or services of or for businesses not located on the subject property are prohibited. 0) 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 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 Code Text Amendments August 18, 2025 CTA 24002 Page 100 of 111 EXHIBIT A 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. 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 (22) 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 paSurface 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 paved 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. (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 August 18, 2025 CTA 24002 Page 101 of 111 EXHIBIT 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 MIH C MU 1 11 1 1 /2 I 0 1 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 P P iS P P P S P P P P P P P P S P P P P P P P P S Ill 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 Public and Institutional Uses 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 Code Text Amendments August 18, 2025 CTA 24002 Page 102 of 111 [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) EXHIBIT 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 Library I 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 8ay-Child Care Preschool, nursery school S S S S P S S P S S S Family Child Career 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 Small wind energy system S S S S P S S P S S S S S Code Text Amendments August 18, 2025 CTA 24002 Page 103 of 111 Use -Specific Regulations 7.24.050(a) 7.24.050(a) 7.24.060(c) 7.24.0650(Ed) 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 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 Office with showroom and/or warehouse facilities Recreation and Outdoor commercial recreation Code Text Amendments August 18, 2025 CTA 24002 Page 104 of 111 EXHIBIT 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 S S S S S S S P P P 1/2 S S S P P P P P 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 P P P P P P P P I P P P S 0 S P Use -Specific Regulations 7.24.060(e)(3) 7.24.060(f) 7.24.060(h)(2) 7.24.060(g) EXHIBIT 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 Entertainment, Riding academies S P Outdoor Recreation and Indoor commercial recreation/ P P P P P P Entertainment, Indoor entertainment Sexually- oriented business S r Theater/ performance hall S P S P P Personal Services General personal services P P P P P P Barber shops, beauty salons, day P P P P P P spas Dry cleaning and laundry service P P P S P P See definition Personal Services 7.08.010 Tattoo parlors, body piercing P (Private office above ground level uses Tattoo parlors, body piercing, S S S S ground level Retail (Sales) General Retail P P P P P P Antique shops P P P P P P Appian.° stores P P P P P P Art shops P P P P P P Book and stationery stores P P P P P P Clothinges P P P P P P Convenience store, with fuel S S S P P Convenience store P P P P P Drug stores, Pharmacies P P P P P P Drug stores, Pharmacies S with drive thru Electrical supply stores P S P P Florists P P P P P P Furniture shops P P P P P Code Text Amendments August 18, 2025 CTA 24002 Page 105 of 111 Use Category Use Type 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 droye_thru Shoe stores Sporting and athletic goods stoFes T oy steFes Wholesale Business Wholesale business Vehicles and Automobile Vehicle repair shop, equipment minor Automobile Vehicle repair shop, major Automobile Vehicle sales and rental Car wash Parking lot (commercial) Code Text Amendments August 18, 2025 CTA 24002 Page 106 of 111 EXHIBIT A P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning Residential RD RL RM RH P P P P P P P P P P CH RH- M/H C P P S P P S P P P P P S P P Nonresidential NC MC CH TC SC P PF MU 1 /2 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 P P P P P P P P P P P P P S S S S P P P P P P P P P P IC OLD P P P P S S S S S P S S S S S S S Use -Specific Regulations 7.24.060(h) 7.24.060(h) Use Category Industrial Service Industrial Service Manufacturing and Production Warehouse and Freight Movement Waste and Salvage EXHIBIT A 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 RA/11 n AAI I Centralized loading dock and goods distribution center Research facilities (commercial) Construction industry related businesses and or supply yard Heavy industrial uses Light industrial uses Junk yards Lumberyards except when indoors as part of a hardware store Mining and mineral extraction Machine and welding shops Manufacturing, heavy Manufacturing, light Mini Self storage Storage warehouses Recycling center / facility, indoor Recycling facility, drop-off S Use -Specific Regulations MEN_ NEMENEEMEME P IMEMEMIMMEME ONE S MEN �o P P R S I� S P P P P 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 August 18, 2025 CTA 24002 Page 107 of 111 EXHIBIT 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 THERETO. 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: EGAL DESCRIPTIO 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 DAY OF , A.D., 202 OWNER: BY: NAME : STATE OF COLORADO ) Code Text Amendments August 18, 2025 CTA 24002 Page 108 of 111 EXHIBIT A ) SS. COUNTY OF EAGLE ) THE FOREGOING INSTRUMENT WAS SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 202 BY OF THE REAL PROPERTY DESCRIBED ABOVE. WITNESS MY HAND AND OFFICIAL SEAL. MORTGAGEE: BY: NAME : STATE OF COLORADO SS. COUNTY OF EAGLE ) NOTARY PUBLIC THE FOREGOING INSTRUMENT WAS SUBSCRIBED. SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF , 202 , BY 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: [LEGAL DESCRIPTION] 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 August 18, 2025 CTA 24002 Page 109 of 111 EXHIBIT 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 ) 60�*1 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 August 18, 2025 CTA 24002 Page 110 of 111 EXHIBIT 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 August 18, 2025 CTA 24002 Page 111 of 111 CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 21, 2025 IN -PERSON AT AVON TOWN HALL 1. ROLL CALL Avon C O L O R A D O CASE Committee: Committee Chair Justin Chesney, Committee Vice Chair Pedro Campos, Ian Grask, Chuq Yang, Kristen Dudding, and Amy Lewis Absent: Town Council Member Ruth Stanley, Town Council Member Linsday Hardy, and Alejandro Cerda Staff: Senior Special Events Coordinator Chelsea Van Winkle and Special Events Coordinator Emily Dennis Virtual: Committee Members Thomas Walsh and Kerri Thelen joined at 12:33 p.m. The meeting was called to order at 12:31 p.m. 2. MINUTES Committee Member Yang made a motion to approve the meeting minutes from May 15, 2025. The motion was seconded by Committee Vice Chair Campos, and it passed unanimously. 3. PUBLIC COMMENT No public comments were made. 4. STAFF UPDATE Senior Special Event Coordinator Van Winkle introduced the packet materials and provided an overview to the group, noting that the summer event season has been successful thus far and will be coming to an end after Labor Day weekend and Community Picnic. The Committee will receive an in-depth review of the event season during the fall. An overview of the 2026 budget process was reviewed, with mention that budgets will remain flat. An overview of the Committee's BreckCreate peer community tour was provided, and committee members were encouraged to provide any ideas for future community tours. The Committee inquired / commented: A. Did we receive the T-Mobile grant this year, and if not, will we try again in 2026? B. Is there a list of other peer communities to visit? Steamboat Springs has a strategic plan, is that community on the list? C. I really appreciated how BreckCreate collaborated with the other nonprofits, it's very important. They are a leader for nonprofits in the creative space. D. I like that Breckenridge town leaders thought through the programming years before with all the old historic structures, knowing they could be useful in the future. E. They also built new buildings to match the historic structures, and it is very well down. F. How will we pay for our own strategic planning if budgets are flat? Special Event Coordinator Dennis provided an overview of the Colorado Creative Industries ("CCI") conference and accompanying council report from May 2025. This included key takeaways from the conference by Town Staff and CASE Committee attendees. Priority areas included exploring funding opportunities for the arts through grant offerings and continuing to build capacity in the arts both through increased programmatic offerings. CASE COMMITTEE MEETING MINUTES, 21 AUGUST 2025 PAGE 1 1 3 CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 21, 2025 Avon IN -PERSON AT AVON TOWN HALL C C L C R A D O The Committee inquired / commented: A. I learned a lot about funding opportunities at CCI. The Boetcher Rural grants offer funding of $1,000 and up to $10,000 and could be something for us to look at. B. Will we apply for the National Endowment of the Arts ("NEX) grants again next year for strategic planning? C. I am working with a group, and we are applying for the Think360 grants to get a mural at Homestake Peak School. We have identified some spaces that would be good for a mural. Letters of interest are due February 23 so hopefully we will have a mural for kids to work on at Homestake Peak School next year. Senior Special Event Coordinator Van Winkle mentioned that staff will be meeting with ArtSpace to learn more about their offerings and next steps for art programming and funding in Avon. The Art Guild at Avon report was reviewed, noting that they have grown in their space at The Seasons. They have offered lots of programming from mini- to multi -day workshops. The Art Guild at Avon also offers free opportunities, including First Friday Gallery Nights and Art Walks. The post -event recap for Salute to the USA was reviewed, noting that there were over 16,000 guests in attendance this year. Attendance rates were likely impacted by lower tourism rates, weather, and extensive road closures. The Committee inquired / commented: A. Is the attendance number down from 2024? 1 think the 1-70 road closures had the largest impact on Salute. B. Tourism is down across the country. C. Regardless, it felt like a very full event and went well. D. The redesign of the layout was great. E. Why didn't the bands engage on social media? F. Larger artists do not always do social media posts, and it is usually not a requirement in contracts. A lot of these larger bands are already well established and do not need to promote their shows. Sometimes they will do a tour recap but not show specific. Senior Special Events Coordinator Van Winkle mentioned that there were some constraints at Salute with vendor relocation, construction, and power access, but staff are looking at those logistics and how to improve them for the future. Staff are also considering ways to increase attendee use of the free online GIS map of the venue. The Intercepts Insights survey was presented. Guests enjoyed the event overall, but provided feedback related to seating and prohibited items. Staff are also considering art activations for future Salute events. The Committee inquired / commented: A. I went to Avanti's art event this past weekend. It was an art competition with live painting. Is there an opportunity to do that at Salute? B. The Avanti event was the first inaugural art challenge to select an artist for the new studio in Ford Park. Most of the artists were from the Art Guild. I think we should harness the energy that Art Guild brings. It would be nice to have them in a more visible capacity. C. There could be an opportunity to partner with an artist each week at SunsetLIVE! or AvonLIVE! to help grow that space. CASE COMMITTEE MEETING MINUTES, 21 AUGUST 2025 PAGE 2 1 3 CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 21, 2025 Avon IN -PERSON AT AVON TOWN HALL C O L O R A D O D. I know budgets are flat, but there is a big mural festival in Amarillo, Texas. They do live paintings and have music and different activations around the city for kids. It brings in a lot of people and they do it once a year. E. Eagle County is so saturated with music events, so art events could be very interesting. F. Is the new restroom building going to be done before Salute next year? Is there any art going in that area? 4. CURRENT ACTIVITY / PLANNING Senior Special Event Coordinator Van Winkle reviewed the Food Truck RFP with the committee and explained that Rocky Mountain Taco had been in that location since 2016. There were three applications, and the committee has decided to move forward with Rocky Mountain Taco for the three-year lease. There may be future opportunities for additional food trucks around Avon beyond the current offerings. The Committee commented / inquired: A. What is the limiting factor in that space? B. Are there any locations for food trucks on the Main Street Mall? C. Food trucks are all the rage! D. How long has Rocky Mountain Taco been there? E. I really like the layout, and the tables are on the train tracks. It has a cool vibe over there. F. I do think it would be amazing to have more food trucks, I'm over there way too often. G. The social aspect of the space is great. Senior Special Event Coordinator Van Winkle read through the future agenda items for the group. The Committee inquired / commented: A. I have been going to SunsetLlVE! this summer and it has been great. The venue is great, and it has grown enough that there are some things to consider. It is the most intimate event we do, and I think we should handle it with care. A little support for food and beverage offerings would be nice. It is a unique event and community oriented. B. The restroom space is going to be very complimentary and add to the space as a natural extension of the venue. C. I love that we cleaned up the trees around the venue, it looks very nice. D. I keep thinking that a semi -permanent structure would be good and could be a vending opportunity during the summer since people are there all summer long. Something with the right vendor would be appealing and could be utilized during SunsetLlVE! and all summer long. E. There is an ice cream vendor I've noticed around the lake. They might not have a permit, but it would be a great opportunity to sell things. F. We should rename the restroom buildings. G. Will they do an ice-skating rink again this winter? Does that fall under special events? ADJOURNMENT The meeting was adjourned at 1:44 p.m. Respectfully submitted by: Emily Dennis Special Events Coordinator CASE COMMITTEE MEETING MINUTES, 21 AUGUST 2025 PAGE 3 1 3 TO: Honorable Mayor Underwood and Council members A FROM: Charlotte Lin, Sustainability Manager Avon RE: Bi-Monthly Sustainability Updates DATE: September 2, 2025 C o L o H A [J o SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives in the Town of Avon within the timeframe of July to August 2025. No action is required by Council. BACKGROUND: Following the highly productive implementation of Town of Avon's Climate Action & Sustainability programs in 2023 and 2024, the Town continues into 2025 with 5 Sustainability Goals and 17 Sustainability Projects and regular Duties. The progress of these programs is reported in the table below as appropriate in the July to August 2025 timeframe. It is important to acknowledge that the progress we have made is the result of the collaborative efforts of many TOA staff. SUSTAINABILITY UPDATES: Official Sustainability Department Goals 2025 • goal Progressi Goals AMW A L_ 1. Avon Develop options with . Staff brought the research, community survey results and a Composting identified costs for a proposed pilot program to Council in March. Council gave Program community wide directions to pursue commercial composting first. composting program, . Staff brought all the research, outreach results, and a proposed or initial pilot project, to pilot to Council on August 26. Council decided to fully fund the be implemented in pilot program at $40,000. Staff has proceeded to work on the 2025. RFP and contacting businesses for a target start date right before ski season. 2. Climate Action Continue progress • In 2024, Avon completed our own Wedge Analysis and a Net Investment Matrix from 2024 and apply Zero Modeling for Eagle County. The results were presented to Refinement the Net Zero analysis Council in late February. results to finalize the . Research on Climate Action Investment identified helpful work Matrix, with the goal of from the City of Ann Arbor and the City of Aspen, which Staff understanding the RO1 plans to follow to create our own Investment Matrix. Further and investment research has identified "Climate Implementation Plans" from the priorities. City of Calgary that provide more detailed financial descriptions of climate action. • ICLEI has released ClearPath 2.0, which has a cost -benefit analysis function. The synergy is ideal because Avon has worked with ICLEI both on our GHG Inventory and Wedge Analysis. Staff received access to ClearPath 2.0 on June 10. • In July, it was confirmed that the economic modeling function of ClearPath 2.0 would not become available until 2026; therefore, staff will continue with what can be done in 2025, and complete this goal in 2026. 3. Biochar Pilot Design a biochar pilot . In 2024, the Town was awarded 40-hour consulting by NREL Program Concept program in Avon based through the Department of Energy Waste -to -Energy Technical Design on NREL's report. Assistance program. The report will: • include the cost and feasibility of pyrolysis infrastructure 970-748-4083 clin@avon.org in Eagle County for woody biomass and biosolids. • provide several technology and siting options, such as a singular operation versus modular. • analyze the impact of this infrastructure from cost, GHG emissions, and material volume perspectives. • NREL delivered the final report to Avon and the CAC in May. • Stakeholders involved in this process (ERWSD, Town of Eagle, & Town of Avon) met to discuss the next steps and found some areas for revision. NREL accepted the revision in early July and is still working on it. 4. Single Use Design and Present a • Research so far has indicated 1) a need to consider the Plastic Ban Single -Use Plastic Ban economic impact of this ban both on businesses and Ordinance consumers, especially in the face of tumultuous economic shifts, (2) design the program to practice consumer -forward and creative marketing strategies, and (3) incorporate incentives to encourage a market -driven shift in single -use plastic products. • A related but separate need to advertise the quality and drinkability of the tap water in Eagle County. • No further progress was made in July and August; however, the Town of Vail discussed this topic twice during this timeframe and determined that they would pursue an education -first approach while working on a long-term budget plan, before pursuing an ordinance. e Staff will continue researching this topic and aim to bring a work session to Council in early 2026. 5. PV & Battery Design and construct a . The all -electric construction of the Public Works Garage Design for Swift PV & Battery system continues with a phased approach. On June 10, Council Gulch Campus for the 3 buildings in approved Item 5.9 (Pub Works Garage Change Order) to the Swift Gulch increase the Avon PW Garage Budget by $200,000 to install a Campus 24-kW PV system with one 60-kW battery and space to add a second battery. • As of August, the project has included two batteries especially in consideration of expiring Federal reimbursement. The contractor is currently installing solar panels and the 1st battery. Active Solar will install the 2nd battery as soon as the construction contract is completed. * Staff is working on a plan to monitor and report utility bills to track the all -electric experiment, including temperature and electric usage, to understand demand for heating and when the less efficient heat resistive electric boilers kick in. • A ribbon -cutting ceremony for the completion of the PW Garage is planned for Oct 15. Page 2 of 5 Other Sustainability Projects and Regular Duties programSustainability What this .. August 2025 Projects & accomplishes Ongoing Duties 1. Monitoring Assist restaurants to • Monitoring and necessary outreach to help Avon restaurants Restaurant transition out of transition out of Styrofoam foodware was completed in 2024. Polystyrene Ban polystyrene food However, Staff will conduct quarterly monitoring in 2025 to containers per the ensure continuous compliance. No updates in July and requirement of August Ordinance 21-05. 2. Recycling Continue supporting • The Avon Recycling Center re -opened to the public on March Ordinance: Ongoing the Avon community to 14. The newly renovated recycling center has been very well Support implement Ordinance received by the community, including visitors. 22-13 since it went into . Sustainability and Recreation collaborated on a new summer effect in November program for families to compete on how much recycling they 2023. can collect over the summer. This program began on June 11 with 4 teams participating and ended on August 13 with 2 teams remaining. The winning team recycled 229.26 Ibs and the other team recycled 68.2 lbs. • Town Staff had debriefed the program with Walking Mountains, whose interns assisted with the measurements this summer. The next iteration of the program may include compost, which matches with the Town's composting initiative. However, the next iteration would require a minimum of 3 teams, so more promotion will be done to help achieve this next year. • Staff is working on improving recycling enforcement and planning a round of waste audits at businesses and multifamily homes in Avon. Improving recycling compliance is an official goal of 2026. 3. Recycling Collect waste diversion . Three out of four haulers operating in Avon have reported Ordinance: Waste data from all of our both of their Q1 and Q2 waste diversion data; only one Q2 Diversion Data haulers per the report is missing. Collection requirement of • Altogether, the average of the recycling rate (including a small Ordinance 22-13. amount of organics) is approximately 27% so far in 2025. 4. Zero Waste at all Implement the high • Staff has fully updated and published the Town's Internal Town Events standards of waste Events Purchasing Policy. Further reinforcement and management at all assistance of the policy will be delivered through a Staff Town events across Sustainability Training for individual department over the departments. summer months. No updates in July and August. Page 3 of 5 5. Styrofoam Launch the Styrofoam . The Styrofoam program was officially opened to the public Recycling Recycling Program to in March. program Launch provide a unique . The first round of the RREO reimbursement ($95,678.30) service to divert hard- was received on May 14. The rest of the reimbursement for to -recycle material and the staff operation hours was filed at the end of August. will contribute to our waste be for the staff hours over the duration of the grant period. diversion goals. . The operation has been smooth but with a noticeable increase in volume. Therefore, a second public -facing collection box was ordered in June to respond to this volume increase; this was received and installed in July. • The final report to the CDPHE was submitted on August 29 Attachment A). 7. Promote Energy Promote the updated . Energy rebates are continuing to be offered to Avon Rebates to the Avon suite of energy residents. No major updates for July and August. community rebates in collaboration with Energy Smart Colorado. 8. Building Analyst Increase Avon's • The Building Analyst Technician (BA-T) training for Avon's Certification Staff capacity to conduct team of 4 employees was completed during the week of May Training home energy 19. assessments to fully By August, the technicians have received data -entry training maximize our potential from WM and are starting to schedule for shadowing with for residential more experienced technicians. This is an important step electrification. before they can start conducting independent assessments. PpTaWns.. 10. Vehicle Idling Promote awareness and . No new updates for July and August. Prevention Education support to minimize vehicle idling 11. Employee Incentivize and . No significant updates from July to August 2025. Carpool Program encourage sustainable . As of July 2025, there have been 5 teams in Town transportation options for participating, achieving a total of 24367.2 miles avoided, Town employees equivalent to 8.89 metric tons of savings in greenhouse gas. The total mileage and GHG data will be presented at the end of the year. 13. DC Fast Construct 4 DCFC • This project remains active but the original NEVI funding has Charging Plaza Chargers in Avon Town been frozen and in a legal process at the federal level. The Core as awarded CEO has pivoted and opened a "replacement" grant at the through the CEO DCFC state level. If Avon were to move forward with this Plazas Grant. replacement grant, we would have to cancel our current grant. The CEO recommended that we hold our current grant and is hopeful that funding will reopen in spring 2026. The Town Manager has instructed staff to hold the grant for now. No updates in July and August. Page 4 of 5 Water Conservation..rim 14. Monitoring Stay informed about . The CAC will release a one -pager information flyer on the Water Projects in water projects and Water -Energy Nexus soon. other Departments where Sustainability can . Staff is working with the Eagle River Coalition on the 2025 and Region assist outdoor storm drain decals. The decals are in the process of being replaced. Climate Action Plannin ). 15. County -wide Net Update the Eagle . The CAC's effort to update the Eagle County Climate Action Plan, Zero Modeling & County Climate including Avon, will resume once the new CAC Director role starts. Climate Action Plan Action Plan's . An official goal to work on an Avon -specific Adaptation and Update strategies to reflect Resilience plan has been proposed for 2026, primarily due to the goal of net zero consistent grant requirement, as well as global sustainability by 2050. reporting standards such as the Carbon Disclosure Project. 16. Sustainability Increase awareness, . A visitor -friendly sustainability campaign has been planned with Education & support and the aims promote all of our sustainability and climate efforts to Marketing implementation of Avon visitors. Sustainability . The marketing plan also includes national, State, and regional programs and sustainability and environmental events such as Earth Day. policies . Staff has created social media marketing templates to be developed into posts for the various sustainability topics included in the marketing plan. . This work is on -going and a more structured plan has been proposed as an official goal for 2026. . Sustainabillity Graln 17. Continue Establish a • Staff is working on: Managing a Grants consistent and CEO's Local Government Climate Action Accelerator grant Program for comprehensive program. As of late August, Avon will be a part of a cohort Sustainability and grants program to application with partners in Eagle, Pitkin and Garfield County Climate Programs advance climate for the goal of implementing Phase B of the Regional Net action across Zero Roadmap, adopted by Avon in February 2025. departments. Colorado Circular Communities (C3) Grant program to support commercial composting in Avon. Following Council approval of the commercial composting pilot, Staff has communicated with the C3 program on details and guidance of the $250,000 Impact Grant application. Thank you, Charlotte ATTACHMENT A: RREO Styrofoam Recycling Program Final Report Page 5 of 5 ATTACHMENT A RREO Final Report 2025 Town of Avon Community Styrofoam Recycling Program This report was submitted to the CDPHE on August 29, 2025. The questions are based on grant requirements. 1. Summary of work completed: Please provide a summary of all work completed on your project during this reporting period (the past 12 months). Planning & Construction Phase (Aug -Dec 2024) • Final design review of the recycling center completed. • Construction delayed but began in October. • Foam Cycle equipment configuration and branding finalized. • Electrical inspection required by DORA in November caused additional permitting and funding adjustments. • Renovation completed in December; equipment delivery scheduled for late January. Installation & Launch (Jan -Mar 2025) • Foam Cycle densifier delivered and installed in early February. • Passed state inspection on February 13. • Staff trainings conducted with support from Foam Cycle; all staff from Public Works and Sustainability, as well as the Green Team from Walking Mountains, were trained. • Soft launch of the Styrofoam program on March 14, alongside recycling center reopening. • Press releases issued to promote the program, but marketing was kept intentionally low to control the initial traffic as the team adjusted to its operation. Operational Phase & Community Engagement (Apr -Aug 2025) • Steady increase in Styrofoam volume observed. • Ribbon -cutting ceremony held on May 21 with elected officials. • Staff hours increased from -1 to -3 hours/day due to rising demand. • Additional public -facing collection bins ordered in May and June, and installed in July. • Field audit conducted in June. • Over 800 lbs of Styrofoam reported by June; total reached 1,650 lbs by mid - August. There was a sharp peak in July. • Contamination issues (e.g., soft foam) identified; staff was diligent to remove them from the densifiable foam; plans made to purchase a 40-yard dumpster in 2026 to accommodate them. ATTACHMENT A • Community response has been positive and appreciative, even from other counties and the front range. Program Metrics • Total Styrofoam diverted from Feb to Aug 2025: 1,650 lbs • Operational hours logged: 216.5 hours • Estimated customers served:—240-250 (based on volume and bag data) • Staff training sessions: 2 • Public events: Ribbon -cutting, Sustainability Fair, press releases More details can be found in the monthly report emails that Avon submitted to CDPHE from August 2024 to July 2025. 2. Impact of project: Please describe the impacts on your waste divested as a result of the project or any other accomplishments as a result of the project during the reporting period (the past 12 months). Impact on Waste Diversion & Landfill Airspace Saving • 1,650 lbs of Styrofoam diverted from landfill since program launch; this number is significant as each piece of Styrofoam collected is relatively weightless. To view this impact from a different perspective, it may be even more useful to look at the conserved airspace saved at the landfill because Styrofoam is a bulky material. According to the metrics used in Avon's RREO grant application, the 1,650 lbs of Styrofoam collected so far approximately translates to 1,269 cubic feet of landfill airspace saved. This is approximately equivalent to over 9,500 gallons, or 100 large trash carts, of materials saved from landfill. • Styrofoam was densified into compact bricks (-45 lbs each), which is a reduction of volume by 90%, the key reason for saving landfill airspace. • Helped address a major gap in regional recycling infrastructure, especially for packaging waste not accepted elsewhere. Community Engagement & Access • Program launched with a soft opening in March 2025, followed by a ribbon -cutting ceremony in May attended by elected officials and regional partners. • Collection bins were made available to the public, with one additional bin ordered in response to growing demand. We were able to use the extra 5% reimbursement from the retainage to make this purchase. • Program served an estimated 240-250 residents, including a few commercial contributors despite the program's residential focus. The un-manned nature of the recycling center makes it hard to track this aspect of the program in details, but Avon staff did receive calls from commercial customers prior to drop-off. ATTACHMENT A Operational Enhancements • Recycling center underwent major renovations to accommodate the Foam Cycle densifier as well as other upgrades. The resulting new recycling center has been getting many compliments from Avon residents and visitors alike. • Staff received training in equipment operation and contamination management. This includes staff from Avon's Public Works Department and Sustainability Division, as well as the Green Team at Walking Mountains, who regularly assists Eagle County municipalities with waste operations. • Operational hours increased from —1 to —3 hours/day or more due to risingvolume in the summer months. • Plans initiated to purchase a 40-yard dumpster to manage non -recyclable foam contamination. While people are using the program and despite education, we have received quite a bit of foam that is not meltable (e.g. pool noodles type of soft and flexible foam). This highlights the amount of foam products out there and that more work is needed to address foam pollution. Outreach & Visibility • Press releases issued for both the recycling center reopening and the Styrofoam program. The local newspaper, Vail Daily, did a special report about it and included education messaging. • Program featured in Avon's Sustainability Fair and other community events. • Internal and external communications helped raise awareness across Eagle County. • This program is not technically open to other counties right now, but words have spread and Avon staff has received many inquiries and questions from other counties and organizations. 3. Project projections: What do you plan to accomplish on your project during the next six months, including any project milestones or key deliverables? Please describe your waste diversion projections or anticipated change in waste diverted over the next six months. Will this project be sustainable past the end of the contract? Over the next six months, the Town of Avon plans to build on the success of the Styrofoam Recycling Program with the following milestones and deliverables: Operational Goals • Expand public access by increasing the amount of education and marketing. The initial marketing has been toned down due to concern of capacity, but progress so far shows that we can safely increase public outreach and even expand it into commercial collection. • Improve contamination management by purchasing a dedicated 40-yard dumpster for non -recyclable foam. ATTACHMENT A • Enhance signage and education to reduce soft foam contamination and improve sorting accuracy on the customers' end. • Continue staff training and refine internal procedures for densifier operation and material handling. So far, this has been smooth, but we'll do continuing education to make sure all staff is consistently performing at the top level. Waste Diversion Projections • Based on current trends, Avon anticipates diverting an additional 1,500-2,000 lbs of Styrofoam, if not more, over the next six months. • This would bring the total diversion to 3,150-3,650 lbs, which conserves an estimated 2,400-2,800 cubic feet of landfill airspace. Sustainability Outlook • The program is fully sustainable beyond the contract period because: • Equipment is installed and operational. • Staff are trained and integrated into daily operations. • Community demand is strong and growing. • Avon is capable of budgeting to support infrastructure such as extra bins to respond to continued growth, if needed. 4. Describe equipment maintenance to include the following at a minimum: downtime, failure, diagnosis, repair details, date equipment becomes operational after repair if applicable. Attach the maintenance log if applicable. To date, the Foam Cycle Styrofoam densifier has operated without any downtime or mechanical issues. The equipment was installed in early February 2025 and passed its state inspection on February 13. Since then, it has functioned reliably and consistently. Avon staff has been extremely careful in sorting the foam stock and removing things like tape, stickers, or other plastics. This step is crucial in making sure that only acceptable material gets into the machine — regular plastics would get melted and stuck to internal components and jam up the machine. Avon staff's careful operation so far has prevented this from happening. Although no maintenance has been required so far, the Town of Avon holds a one-year warranty with Foam Cycle. As a proactive measure, we plan to schedule a routine consultation and check-up before the snow season. This will help identify any potential care steps or preventative maintenance needed to ensure the equipment's longevity and continued performance. TO: Honorable Mayor Underwood and Council members FROM: Gary Padilla, Operations Manager �� RE: Operations update DATE: September 2, 2025 0 0 L 0 R A D 0 SUMMARY: This report outlines recent activities by the Operations team, emphasizing efforts to maintain operational efficiency, enhance safety protocols, and support Special Events and interdepartmental needs. Details: The Roads team completed painting crosswalks, stop bars, directional arrows, and speed tables throughout Town. Thermoplastic bike symbols were installed on Metcalf Road. Sign installations continued along Avon Road as part of the 2022 Safety Assessment. Storm sewer drains were cleaned on East Beaver Creek Boulevard, Lake Street and Avon Road. A pedestrian flashing sign was installed on Nottingham Road near North Side Cafe, and new crosswalk signs were placed at the intersection of Nottingham Road and Buck Creek Road. Variable message boards were removed from the railroad bridge on Avon Road. The bike path on Nottingham Road has been repaired. The cracks in the path were removed and repaved, improving safety and the overall riding experience. 970-748-4118 gpadilla@avon.org Parks staff trimmed trees and landscape bushes along sidewalks, roadways, traffic signs and bike paths. Irrigation maintenance remains ongoing, including the installation of new irrigation wiring from the south bike path on the lower field to the north side of Harry A. Nottingham Park to restore irrigation clock functionality. Mulch was placed under trees to improve soil health and enhance the park's appearance. The Park team also partnered with SummerQuest, an academic enrichment program for Eagle County students. In Avon, students learned about weed and plant management and gained hands-on experience planting flowers. The Operations team provided logistical support for Special Events and coordinated with other departments to ensure safe and efficient lane closures and traffic detours during sign installations. Staff also prepared parks and public spaces for upcoming community activities. Playground Equipment: The parts that had been backordered since April have now arrived and have been successfully installed, including the swing track ride. However, the platform swing remains on back order at this time Styrofoam Program: From May to August 2025, the Operations team successfully melted and processed a total of 1,650 pounds (1 pallet) of Styrofoam. Page 2 of 3 Contract Services: Contract services applied fertilizer to areas at Harry A. Nottingham Park, Avon Road and Benchmark Road. More than 10,000 ground squirrel holes were treated from the Park to Eaglebend Drive. Crews completed crack sealing on 60,300 linear feet (900 pounds) of roadway cracks along Wildwood Road, Wildridge Road, Old Trail Road, and Lake Street. Infrared patching was performed at multiple locations including Avon Road, Lake Street, Benchmark Road, Chapel Place, and Post Boulevard. Milling and overlay work was completed on Post Boulevard under 1-70 where infrared patching was no longer effective. Whitaker Landscape continued their monthly maintenance of landscape beds throughout Town. Future Projects: The team will continue sign installation and monitor and maintain storm water infrastructure, including shoulder work on roadways and culvert cleaning. Park staff will begin seasonal preparations including flower bed fall cleanup, leaf collection, irrigation system blowouts, and other task to prepare for the upcoming winter season. Thank you, Gary Page 3 of 3 TO: Honorable Mayor Underwood and Council members FROM: Paul Redmond, Chief Finance Officer �� RE: 15 Sun Road Closing Update DATE: September 3, 2025 C o L Q H A [J o SUMMARY: This report updates Council on the Closing for 15 Sun Road (Walgreens). Council approved the 1st and 2nd Reading of Ordinance 25-14 on July 22nd and August 12th respectively. Ordinance 25-14 approved the purchase and financing of 15 Sun Road through the purchase of Certificates of Deposit (COPs). The Seller of 15 Sun Road exercised its right to extend the Closing date under the terms of the Purchase and Sales Contract and provided notice to extend the Closing date from September 16th to October 1 st. FINANCING UPDATE: Staff have moved the closing date from September 16th to October 1st. Moving the closing date for purchase of 15 Sun Road may be a significant benefit for the Town. The next Federal Reserve meeting is scheduled to be held September 16-17, 2025. At this meeting the Federal Reserve is expected to reduce the interest rates. Once the interest rates are reduced this will allow for a better financing option for the Town. Staff are managing the timeline along with the Underwriter Team, Piper Sandler. With the closing being moved to October 1st, the timeline needed to be updated. First, we are moving the posting of the Preliminary Official Statement (POS) from August 28th to September 9th. The Pre -Pricing call has been moved to September 17th. The Pre -Pricing call allows for the Town, its bond council and underwriters to review all the final details before the bonds are offered to the market. The Town will offer the COPs to the market and September 18th and will finalize and agree on the exact interest rates, and other terms at which the bonds will be offered and sold to investors. 7Jif ? Klrzk_Off f 311 7r 7J 60E DOr-11 m a n#c 9 C oy@r hA amo Rran arod for Roarrl PRr-kot CQUIP rl Ma At A FIrC+ Read A of C QR Do rzum WA 11 Rf 1 1lI`. rI ICI I�.r 7aa0E TaArA 29AdA P Q 2 1nfnrma+i. P to _B AlAr 2- now 7J21 OE Draft of PG2- Distrihwtod to WorlriA Grorrn '¢ 6 f 311 to Rg,ri arcs P Q 2 R Financing DorllmaptA Can r1 Financing aackago #o Ratinn AgapiGios 1}. C R Incrlrors LI',L ail OE f 311 to DicrI Icc f QllaFaral 4 RJl10� cia-Fribi-4 r'Sra# 3f Dating Craraptatiop L1 all2 .. f owpdi Maa#inn — Authorizo CUP Doruman#c 1 Rf I I'II'.r ail 31� RiRtiAg prop f a _QiCFrihIIF❑ rQIla rlilirlaora f lllaa#lnonalra LL aril CW@ Dilirvaora f 911 �.Il I1 *. Darair A DR#inn 919,25 Post the PCB 3..- T17?25 Pre -Pricing Call I. 1J.".. T18125 Pricing & Sign the Certificate Purchase Agreement I, BC. U i'. 10r1?25 Closing All 970-748-4088 predmond@avon.org RATING REPORT: The rating call held on August 14th was a success as S&P Global raised its long-term rating of the Town of Avon from an A+ to an AA-. The upgrade reflects Avon's strong key economic metric and sustained track record of above average reserves compared to our peer community. The improvement in Avon's financial rating will help Avon secure the lowest interest rate possible. The final S&P Global Rating Report is attached as Attachment A. The next major milestone for Avon is posting the POS on September 9th. Staff is reviewing the final POS which is being prepared by the Town's bond council, Butler Snow. This statement is posted ahead of the pre -pricing call to allow potential investors to learn about the Town and the future project of the Sun Road Redevelopment. Staff is actively working through the changes of the closing date to October 1st and is looking forward to a seamless and successful Closing. No action is required by Council. Thank you, Paul ATTACHMENT A: S&P Global Rating Report for the Town of Avon Page 2 of 2 ATTACHMENT S&P Global Ratings Research Update RatingsDirect° Avon, CO Certificates of Participation Rating Raised To 'AA-' From 'A+' On Strong Finances; Outlook Is Stable August 21, 2025 Overview • S&P Global Ratings raised its long-term rating to 'AA-' from 'A+' on the Town of Avon, Colo.'s certificates of participation (COPs) outstanding. • At the same time, we assigned our'AA-' long-term rating to the town's estimated $5.78 million series 2025 COPs. • The outlook is stable. • The upgrade reflects our view of the town's strong key economic metrics and sustained track record of above -average reserves compared with those of similarly rated peers, supported by consistently positive financial performance. • The rating reflects the application of our "Methodology For Rating U.S. Governments," Sept. 9, 2024. Rationale Security The town's COPs represent an interest in lease payments made by the town as lessee to BOKF N.A., as lessor and trustee, which we consider bankruptcy remote, for the use and possession of the leased asset that is subject to annual renewal. We have reviewed the lease under our criteria and view the terms as standard. We rate the COPs one notch below the town's general creditworthiness to reflect the risk of nonappropriation inherent to the lease structure. Although the series 2025 COPs do not have the added security of a debt service reserve fund, we believe the payment schedule mitigates risk related to late budget adoption, with sufficient time between the beginning of the fiscal year and its June 1 and Dec.1 debt service payments. Primary Contact Caroline Baird Dallas 1-2144683496 caroline.baird @spglobal.com Secondary Contact Alyssa B Farrell Englewood 1-303-721-4184 alyssa.farrell @spglobal.com www.spgtobat.com/ratingsdirect August 21, 2025 1 Avon, CO Certificates of Participation Rating Raised To'AA-' From 'A+' On Strong Finances; Outlook Is Stable The COP proceeds will be used to finance the cost of acquiring property for the Sun Road redevelopment project, the construction or improvement of properties related to the project, and to pay the cost of issuance. In turn, a portion of the Sun Road site will serve as the leased asset for the COPs, which is occupied by a third -party tenant, Walgreens. Walgreens occupies the leased property pursuant to a 75-year lease through 2087; however, it can terminate the lease in 2037. Despite the private occupant of the leased asset and the potential for early termination of the lease, the town is obligated to make payments under the lease agreement through the life of the bonds, which are not subject to abatement. The town has covenanted to budget and appropriate lease payments during the life of the obligations and has considered the affordability of the lease payments in its long-term plan, with lease payments equating to 1.2% of total governmental revenue. Credit highlights The rating reflects our view of the town's extremely strong incomes and economic indicators and positive operating performance, with a robust reserve position that we view as prudent to offset potential revenue volatility given its reliance on tourism and economically sensitive revenues. Tempering these credit strengths is the inherent tax base concentration in recreation and entertainment, which we consider volatile industries, and less formalized financial policies and practices compared with those of similarly rated peers. Avon's general fund relies primarily on sales taxes (46% of fiscal 2024 general fund revenue), followed by property taxes (10%), and accommodation taxes (8%). Its sales and accommodation taxes have reflected fluctuations in recent years given inherent volatility; however, the town has continued to demonstrate strong financial performance over the past decade, supporting the growth and maintenance of robust available reserves, which management feels is necessary because of its heavy reliance on sales tax revenue. The fiscal 2025 budget reflects a deficit of about 4% of revenue due to a one-time capital purchase of a condominium unit for employee housing. However, management indicates that payroll savings should support breakeven results. Management anticipates some level of reserve use over the medium term for one-time capital needs; however, it expects to maintain reserves well above its informal reserve target of 22% of expenditures (relative to unrestricted balances), which it has historically exceeded. Despite the planned reserve use, we expect the town will maintain a solid reserve position above its informal reserve target for the foreseeable future, given its track record of historically strong operating performance, which supports our view of credit stability. Credit fundamentals supporting the rating include the following factors: • The affluent mountain community is characterized by economic indicators that are well above national averages, although the economic base is relatively concentrated in recreation and entertainment due to its well-known outdoor recreational activities and resort community. Management expects to see positive assessed valuation growth although there could be some impact from current assessment rate reductions. However, the town expects ongoing development in the area will offset any reductions with minimal effects. • Financial performance has been strong over the past decade, which has supported a robust reserve position that continues to be maintained well above the informal reserve target of 22% of expenditures (relative to unrestricted balances). The town has budgeted for deficit results in fiscal 2025 due to an intentional use of fund balance for a one-time capital purchase; however, it anticipates breakeven results due to payroll -related savings. Although we expect some level of reserve use in the near term for capital needs, we anticipate the town will www.spgtobat.com/ratingsdirect August 21, 2025 2 Avon, CO Certificates of Participation Rating Raised To'AA-' From 'A+' On Strong Finances; Outlook Is Stable continue to generate positive budget -to -actual variances and maintain a favorable reserve position in excess of its informal target. • Institutionalized financial practices include conservative budgeting, routine monthly reviews of the budget with the governing body, maintenance of a long-term capital plan, and formalized policies for debt and investment management. Avon does not perform multiyear budget forecasting, nor does it have a formal reserve policy. The town's reserve target is informal but widely acknowledged with the council. The town is also taking steps to reduce cybersecurity risks. • Avon's long-term liabilities profile is modest with low costs that we expect will remain affordable over the medium term. We understand the town has significant future debt plans related to the Sun Road project; however, management could not provide any information regarding its plans for additional debt. The town's debt burden includes two privately placed COPs--the agreements for which we consider standard and do not believe pose a contingent liquidity risk. • Pressure from pension and other postemployment benefits is limited. The town offers two defined contribution plans, which do not carry pension liabilities, and costs are manageable. • For more information on our institutional framework assessment for Colorado municipalities, see "Institutional Framework Assessment: Colorado Local Governments," Sept.11, 2024. Environmental, social, and governance Given the mountainous landscape, the town is exposed to natural capital risks from water -supply stress and long-term physical risks such as wildfires, which could negatively affect the community, tourism trends, and finances. We view social and governance factors as neutral within our credit analysis. Outlook The stable outlook reflects our expectation that Avon's local economy will remain very strong and supportive of tourism trends. It also reflects our expectation that the town will draw on reserves but continue to maintain them at favorable levels, above its informal policy, which it has historically exceeded. Downside scenario We could lower the rating if the town's financial position weakens, as indicated by a trend of negative operating results and a sizable reduction in available reserves. In addition, we could take a negative rating action if the town's debt and liability profile substantially weakens due to significant debt issuances. Upside scenario We could raise the rating as the town's tax base grows, leading to revenue diversification and reduced reliance on economically sensitive revenue and if it were to adopt stronger financial management policies and practices. www.spgtobat.com/ratingsdirect August 21, 2025 3 Avon, CO Certificates of Participation Rating Raised To'AA-' From 'A+' On Strong Finances; Outlook Is Stable Avon, Colorado --credit summary Institutional framework (IF) Individual credit profile (ICP) Economy Financial performance Reserves and liquidity Management Debt and liabilities Avon, Colorado --key credit metrics Most recent 2024 2 1.62 1.0 2 1 2.35 1.75 2023 2022 Economy Real GCP per capita % of U.S. 139 139 135 County PCPI % of U.S. 184 184 177 Market value ($000s) 4,171,155 4,171,155 2,681,000 2,639,104 Market value per capita ($) 700,093 700,093 445,127 376,961 Top 10 taxpayers % of taxable value 20.2 20.6 27.1 21.0 County unemployment rate (%) 3.8 3.5 2.8 2.8 Local median household EBI %of U.S. 117 117 112 109 Local per capita EBI % of U.S. 134 134 123 97 Local population 5,958 5,958 6,023 7,001 Financial performance Operating fund revenues ($000s) 28,798 26,252 26,435 Operating fund expenditures ($000s) 24,862 23,722 19,185 Net transfers and other adjustments ($000s) (1,037) (900) (1,505) Operating result ($000s) 2,899 1,630 5,745 Operating result % of revenues 10.1 6.2 21.7 Operating result three-year average % 12.7 16.1 17.6 Reserves and liquidity Available reserves % of operating revenues 82.1 79.1 72.7 Available reserves ($000s) 23,646 20,774 19,211 Debt and liabilities Debt service cost % of revenues 4.1 4.7 4.8 Net direct debt per capita ($) 2,685 1,716 1,955 1,885 Net direct debt ($000s) 15,999 10,224 11,775 13,198 Direct debt 10-year amortization (%) 73 96 91 Pension and OPEB cost % of revenues NPLs per capita ($) Combined NPLs ($000s) Financial data may reflect analytical adjustments and are sourced from issuer audit reports or other annual disclosures. Economic data is generally sourced from S&P Global Market Intelligence, the Bureau of Labor Statistics, Claritas, and issuer audits and other disclosures. Local population is sourced from Claritas. Claritas estimates are point in time and not meant to show year -over -year trends. GCP--Gross county product. PCPI--Per capita personal income. EBI--Effective buying income. OPEB--Other postemployment benefits. NPLs--Net pension liabilities. www.spgtobat.com/ratingsdirect August 21, 2025 4 Avon, CO Certificates of Participation Rating Raised To'AA-' From 'A+' On Strong Finances; Outlook Is Stable Ratings List New Issue Ratings US$5,775,000 The Town of Avon, Colorado, Taxable Certificates of Participation, Series 2025, dated: September 16, 2025, due: December 01, 2045 Long Term Rating AA -/Stable Upgraded To From Local Government Avon Twn, CO Lease Appropriation AA -/Stable A+/Stable The ratings appearing below the new issues represent an aggregation of debt issues (ASID) associated with related maturities. The maturities similarly reflect our opinion about the creditworthiness of the U.S. Public Finance obligor's legal pledge for payment of the financial obligation. Nevertheless, these maturities may have different credit ratings than the rating presented next to the ASID depending on whether or not additional legal pledge(s) support the specific maturity's payment obligation, such as credit enhancement, as a result of defeasance, or other factors. Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at https://disclosure.spgtobal.com/ratings/en/regulatory/ratings-criteria for further information. A description of each of S&P Global Ratings' rating categories is contained in "S&P Global Ratings Definitions" at https://disclosure.spgtobal.com/ratings/en/regulatory/article/-/view/sourceld/504352. Complete ratings information is available to RatingsDirect subscribers at www.capitatiq.com. All ratings referenced herein can be found on S&P Global Ratings' public website at www.spgtobal.com/ratings. www.spgtobat.com/ratingsdirect August 21, 2025 5 Avon, CO Certificates of Participation Rating Raised To'AA-' From 'A+' On Strong Finances; Outlook Is Stable Copyright © 2025 by Standard & Poor's Financial Services LLC. All rights reserved. No content (including ratings, credit -related analyses and data, valuations, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor's Financial Services LLC or its affiliates (collectively, S&P). The Content shall not be used for any unlawful or unauthorized purposes. S&P and any third -party providers, as well as their directors, officers, shareholders, employees or agents (collectively S&P Parties) do not guarantee the accuracy, completeness, timeliness or availability of the Content. S&P Parties are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user. The Content is provided on an "as is" basis. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE CONTENT'S FUNCTIONING WILL BE UNINTERRUPTED OR THAT THE CONTENT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the Content even if advised of the possibility of such damages. Some of the Content may have been created with the assistance of an artificial intelligence (AI) tool. Published Content created or processed using Al is composed, reviewed, edited, and approved by S&P personnel. Credit -related and other analyses, including ratings, and statements in the Content are statements of opinion as of the date they are expressed and not statements of fact. S&P's opinions, analyses and rating acknowledgment decisions (described below) are not recommendations to purchase, hold, or sell any securities or to make any investment decisions, and do not address the suitability of any security. S&P assumes no obligation to update the Content following publication in any form or format. The Content should not be relied on and is not a substitute for the skill, judgment and experience of the user, its management, employees, advisors and/or clients when making investment and other business decisions. S&P does not act as a fiduciary or an investment advisor except where registered as such. While S&P has obtained information from sources it believes to be reliable, S&P does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. Rating -related publications may be published for a variety of reasons that are not necessarily dependent on action by rating committees, including, but not limited to, the publication of a periodic update on a credit rating and related analyses. To the extent that regulatory authorities allow a rating agency to acknowledge in one jurisdiction a rating issued in another jurisdiction for certain regulatory purposes, S&P reserves the right to assign, withdraw or suspend such acknowledgment at any time and in its sole discretion. S&P Parties disclaim any duty whatsoever arising out of the assignment, withdrawal or suspension of an acknowledgment as well as any liability for any damage alleged to have been suffered on account thereof. S&P keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P may have information that is not available to other S&P business units. S&P has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process. S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.spgtoba[.com/ratings (free of charge), and www.ratingsdirect.com (subscription), and may be distributed through other means, including via S&P publications and third -party redistributors. Additional information about our ratings fees is available at www.spg[obat.com/usratingsfees. STANDARD & POOR'S, S&P and RATINGSDIRECT are registered trademarks of Standard & Poor's Financial Services LLC. www.spgtobat.com/ratingsdirect August 21, 2025 6