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PZC Packet 120825A Avon jj[��'�j AVON PLANNING & ZONING COMMISSION Meeting Agenda Monday, December 8, 2025 Public Meeting Begins at 5:30 PM ZOOM LINK: https://us02web.zoom.us/j/87370195760 1. Call to Order and Roll Call (Chairperson) — 5:30 PM 2. Approval of Agenda 3. Disclosure of any Conflicts of Interest or Ex-Parte Communication Related to Agenda Items 4. Public Comment — Comments are Welcome on Items Not Listed on the Following Agenda Public Comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Planning and Zoning Commission approval. 5. Public Hearing 5.1. MJR25003 1 DEB25001 The Summit at Avon (Continued from November 17) — Jena Skinner, Planning Manager 5.2. PUD23002 I VPR23001 Village at Avon PUD Amendment & Vested Rights Extension (Continued from November 10) — Matt Pielsticker, Community Development Director 6. Consent Agenda 6.1. November 17, 2025, Planning and Zoning Commission Meeting Minutes 6.2. Draft PZC Calendar 2026 7. Future Meetings 7.1. January 12, 2026 7.2. January 26, 2026 8. Staff Updates 9. Adjourn MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. TO: Planning & Zoning Commission Members FROM: Jena Skinner, AICP, Planning Manager RE: QUASI-JUDICIAL PUBLIC HEARING ��O Lot B, The Summit - MJR25003 Major Development Plan; DEB25001 Development Bonus 0 0 L 0 R A D 0 DATE: December 1, 2025 STAFF REPORT OVERVIEW: This report presents a Major Development Plan ("MJR") and Development Bonus ("DB")applications to the Planning and Zoning Commission ("PZC") for the design evaluation and review of a residential apartment complex adjacent to the Avon Center. PZC will make a recommendation to the Avon Town Council. Avon Town Council takes final action on the applications. The project will consist of 164 residential rental units and 4,000 square feet of commercial space. The property is situated between West Beaver Creek Blvd. and the Pedestrian Mall. This application was first heard by the PZC on November 17, 2025, and was continued to December 8, 2025. Located within the Town Core, this development proposes a height of 100' feet at its highest point and will include various residential amenities such as a co -working space, a fitness center, and a mailroom. Additionally, there will be a three -level parking garage, resulting in a five -level structure on the south side (near the Avon Pedestrian Mall) that increases to eight levels on the north side (along West Beaver Creek Blvd). Andrew Lane of Zehren and Associates is representing Grand Peaks Properties, Inc., the developer pursuing the redevelopment of this property. The property is owned by Avon Hotel Property, LLC. The owner has granted permission to proceed through development review. As part of this development plan, the applicants are also seeking a Development Bonus, which will be evaluated by the Town Council as the project progresses. The Development Bonus is necessary to achieve the proposed heights, setback encroachments, and a reduction in parking. In exchange, proposed is a 4,000 sq ft civic space and pedestrian corridor between this project and the Avon Center that connects West Beaver Creek Blvd. with the Pedestrian Mall. BACKGROUND: Lot B is part of the Avon Center development, which also includes the existing Avon Center located on Lot A. Established in 1980, the Avon Center is one of the oldest buildings in the Town of Avon. It is a mixed -use building featuring commercial spaces on the first floor and some residential units (converted from commercial spaces) on the second floor. Currently, Lot B serves as a private surface parking lot and provides access to the underground parking garage beneath the Avon Center. There is a longstanding parking commitment between Lot B and Lot A. In 1988, a restrictive plat note was established, requiring Lot B to dedicate parking spaces for the benefit of Lot A. The restrictive plat note states: This plat is approved by the Town of Avon on the condition that adequate parking to satisfy the requirements of Lot A be available on Lot B. These requirements may be met through either surface or structured parking. The Town of Avon will solely determine whether any additional development of Lot B meets these requirements. In 2016, an application for a 142 room hotel was approved on Lot B. After a series of Development Plan approval extensions, the approvals expired in 2021, and the project was discontinued. An Image of the former project can be seen, next page. 970-748-4023 jskinner@avon.org MAJOR DEVEI AVO To the west, Lot 3 of the Sheraton Mountain Vista (formerly Lot C of the Avon Center) has a longstanding relationship with Lot B, as the approved condo -hotel on Lot 3 is required to share driveway access with Lot B upon redevelopment. Additionally, both developments share drainage easements along their western property lines. Since Lot 3, Lot B, and Lot A are interconnected, the parties involved are communicating about this project. The Town of Avon, which owns the Pedestrian Mall, is also coordinating with The Summit to enhance connections to this important pathway. Property Address: 0130 W Beaver Creek Blvd. Property Zoning: Town Center ("TC") Property Size: 1.53 AC MAJOR DEVELOPMENT PLAN: The primary purpose of a Development Plan, specifically a "major" development since it exceeds 600 square feet, is to ensure compliance with the development and design standards outlined in the Avon Municipal Code. This application will be assessed to ensure it aligns with the goals and objectives of the Avon Comprehensive Plan, the design standards of Title 7, and further evaluated based on the findings specified in Section 7.16.180. MJR25002, DEB25001 the Summit December 3, 2025 Page 2 of 20 DEVELOPMENT BONUS: As part of this infill development project, the applicants must make the most of the linear site to ensure its financial viability. While the proposal generally complies with the AMC design and development standards, three aspects need further evaluation: building height, setbacks, and parking, as the current proposal either encroaches upon these standards, or does not meet Code as proposed (parking). The Code does not provide a means to modify these dimensional limitations/standards except through a Development Bonus application. The Development Bonus applied to this project adds flexibility to their design in exchange for offering public benefit. According to Section 7.16.170, the purpose of the Development Bonus is to encourage projects that deliver one or more valuable public benefits. These benefits may include community housing that exceeds Employee Housing Mitigation standards, projects that provide clear economic advantages to the Town, or improvements to public or civic spaces. In this case, The Summit proposes to create a pedestrian -friendly public area that connects West Beaver Creek Blvd. to the existing Pedestrian Mall. This enhancement will improve access to the Pedestrian Mall while offering the public a pathway complete with landscaping, seating, and similar features. Additionally, the proposed building will feature new commercial space along the Pedestrian Mall. The inclusion of commercial space was requested by the Town to help activate the Pedestrian Mall. Planned activities in this area may include a cafe or similar establishment, a small community space, and public restrooms accessible to users of the Pedestrian Mall. This commercial space is intended to be funded, owned, and operated by the Town of Avon. PROPERTY DESCRIPTION: The subject property is one of the few vacant lots left in Town Center with the appropriate zoning for redevelopment in Town Core. Sloping to the south, it is difficult to perceive the extent of the grade changes in its current condition. Largely consisting of asphalt, little has been done to this property over the years. This property has several trees (cottonwoods) that will be removed upon redevelopment. There are 129 existing surface parking spots for the entirety of Lot B currently. This number is estimated, as this parking lot is not striped. There are approximately 40 + 6 ADA spaces near Bob's main access of Avon Center. Please note that the row of parking spaces parallel to the Avon Center are located on Lot A, not Lot B, included in this number. PROCESS: (Major) Development Plan applications are typically reviewed exclusively by the Planning and Zoning Commission. However, due to the project's location, the Town Council will also review this application as required by Section 7.16.080(e), which mandates Council approval for developments of this size within the Town Core. Additionally, Council will assess the Development Bonus request, which is necessary for this project to proceed to building permit with the proposed design. The Planning and Zoning Commission will provide a recommendation to the Council regarding this project before its review. STAFF PZC TOWN COUNCIL , ANALYSIS & PUBLIC HEARING PUBLIC HEARING REPORT RECOMMENDATION TBD 1111712025 12/8/2025 PUBLIC NOTIFICATION & COMMENTS: Notice of the public hearing was published in the Vail Daily October 31, 2025 in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is required for the Development Bonus application. This notice was sent to property owners within 300 feet of this development on October 31, 2025. The notices resulted in public comments, attached as Attachment B. Renotification for the continued hearing is not necessary as it was continued to a specific date, December 8, 2025. MJR25002, DEB25001 the Summit December 3, 2025 Page 3 of 20 PLANNING ANALYSIS Development Plan applications require analysis to establish compliance with all applicable development and design standards set forth in the 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. Chapter 7.20 Zone Districts and Official Zoning Map: Table 7.20-9 Dimensions for the Town Center District Min. Lot Size Min. Lot Max. Lot Min. Min. Front Min. Side Min. Rear Max. Building (acres or sq. Width Coverage Landscape Setback Setback Setback Height (feet) ft.) (feet % Area % feet feet feet nla n/a 80 20 0 [1, 4] 7.5 [2] 10 (31 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. N/A [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 N/A (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. (N/A) Project Development Summary: AMC PROVIDED Lot Sized in square feet and acres N/a 66,925 sf / 1.5364 ac Lot Coverage (Structures) 80% 42.7% or 28,578 sf Landscaping - See also proposed water 20.1 % or 15,640 sf of The Summit area. budget calculations as part of the 20% There is additional landscaping that will be located offsite on Lot application materials A and potentially along the Pedestrian Mall. Total irrigated area 100% or 15,640 sf Total spray irrigated area 34.7%5, or 436 sf Total drip irrigated area 65.2% or 10,204 sf Setbacks: North (West Beaver Creek Road) - FRONT 0' 0+ —10+ FT East (Lot A) - SIDE 7.5' *Min. 5 FT South (Town Hall/Lot 3) - SIDE 7.5' *Min. 7.5+ FT West (Avon Pedestrian mall) - REAR 10' Min 5+ FT Building Height: Max: Max height to the tallest point on the roof is 100' 80' Max height to the tallest eave is 84' from proposed grade Stories 7 (8*) — North side (W BC Blvd) *Includes roof as a separate story N/a 5 (flat roof) * South side (Pedestrian Mall) 8 (9) — West side (Lot 3) MJR25002, DEB25001 the Summit December 3, 2025 Page 4 of 20 Lot Coverage: • This project achieves conformance with lot coverage limitations. Landscaping: • This project achieves conformance with the landscaping limitations. Per the water budget calculator, the proposed Gal/sf/Season water use is 0.84, which would exceed the water budget limitations of Appendix B Water Efficient Landscape Design Budget Calculator of 0.75 Gal /Sf /Season. However, some of the calculated landscaping area is located on Lot A as detailed on application page 12 Hydrozones Water Use of the application materials. Although the exact calculations are not broken out per property, assumptions that Lot B is in conformance with this limitation are being made with this project. • An internal referral to the Town of Avon Master Gardener raised concerns that the proposed vegetation and related materials do not align with the Town's initiative to standardize certain materials for plantings in public spaces. As a result, a condition has been added requiring an update to the landscaping plan to ensure it conforms to the Town's landscaping program. Setbacks: MJR25002, DEB25001 the Summit December 3, 2025 Page 5 of 20 • There are minimal encroachments regarding setbacks. The applicants have produced a diagram that shows these encroachments as part of their application — see image previous page and in attachment). Encroachments include: • East Side: Roof and On -Grade Parking encroachment onto Lot A. Includes property line encroachment (in orange circle) — see image previous page and in attachment • South/Pedestrian Mall: Balcony and Roof Encroachment • West: Retaining wall setback encroachment in the side setback (in orange circle) • North: No setback encroachments The Summit IS proposing encroachments into the westside easements. Approval of these encroachments will need to be provided by the applicants, as the Town of Avon does not have the authority to permit encroachments into private easements. It is unclear if they are permissible at this time. The easements are shared between Lot B and Lot 3. Budling Height: • The applicants state that the building maximum is 100' from grade. Recognized as a sloping lot, portions of the building will have varying height, depending on grade. Avon calculates building height as 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. a • The applicants are proposing a large roof as part of their design. The roof only contains non- residential elements like HVAC. While other buildings in Avon feature a similar roof style, they typically incorporate the roof into the top level of the structure. Staff is questioning whether the roof's size can be reduced to lower the overall height of the building. In comparison, the Avon Center is approximately 100 feet tall and has a squarer shape, unlike the elongated design of the Summit. The proposed design may create a tunnel effect with the Lot 3 condo -hotel or resemble a wall if the building does not include adequate articulation, as is recommended by the design standards in the Code. MJR25002, DEB25001 the Summit December 3, 2025 Page 6 of 20 Uses: Pursuant to Section 7.24.010 Table Of Allowed Uses, "Multi -family" and commercial uses are permitted use within the Town Center Zoning. 7.20.100 Employee Mitigation: The Application is subject to the Code Employee Housing Mitigation standards. Per the calculation, The Summit is required to mitigate 9.02 employees. The applicants are proposing a combination of unit dedication (for rent at 120% AMI), plus additional cash in lieu. The preference of the Town is to create Deed Restrictive housing units. Since these units are rentals, the property would have to have an agreement to provide rent -capped units, much like at Buffalo Ridge or Six West in Edwards. As the calculation yields 9.02 employees, the applicants propose offering four (4) 2- bedroom units plus the remaining 0.2 of an employee = $1,749. Onsite employees would be given first priority for these units. The Summit would be subject to yearly compliance for the proposed restricted units. PZC is recommending the mitigation plan to the Town Council. According to Section 7.20.100(h), Town Council must certify the approval, approve with conditions, or deny the Employee Housing Mitigation Plan as presented and or any amendments to it. This decision will be based on compliance with the provisions of this chapter. 7.28.020 Parking and Loading: The applicants are proposing a very comprehensive parking and operations plan with 365 parking spaces total for the residents and guests of Lots A and B, plus spaces for commercial uses. While residents will have parking included as part of residency, there will be paid parking within the parking structure for non-residents; however, fees can be waived with validation from commercial uses if under a certain timeframe. No long-term parking is being offered. • The proposed parking management plan will be a requirement of this approval given the need for shared parking arrangement. • Lot A has provided an informal acceptance/acknowledgement of the proposed parking plan and number of spaces being shared, from the Owners Association. Staff has also added a condition that a parking management plan agreement be recorded as a covenant of Lots B and A, formalizing the shared parking arrangement. • The number of parking required per Code is insufficient and is dependent upon approval of the proposed Development Bonus. Staff does acknowledge that use of the Avon Municipal Lot or • other on -street parking in the Town Core may be a viable option for the commercial space patron parking as a potential alternative than onsite. Parking Calculations — Required/Code: Residential Use Tvoe I Parkina Reauirement Dwelling, I Studio/ Lockoff/ -1 per unit 1 bedre Multi -Family I - 1.5 per unit All others- 2 per unit Guest Over 25 units - 7 spaces plus 1 space Parking for for each 5 units in excess of 25 up to Multi -Family a maximum of 10 additional spaces. POTENTIAL Public/Commercial Space Communitv Space / 14 per 1.000 so. ft. GFA MJR25002, DEB25001 the Summit December 3, 2025 Page 7 of 20 Actual reauired Residential dwelling, multi -family: Studio - 1 per unit: 4 x 1= 4 spaces 1 bedroom - 1.5 per unit: 60 x 1.5 = 90 space,, All others - 2 per unit: 100 x 2 = 200 spaces 294 residential spaces requirec Over 25 units - 7 spaces plus 1 space for each 5 units in excess of 25 up to a maximum of 10 additional spaces based on 164 units: 17 auest spaces reauirec 4000 so ft General Commercial Uses - unless otherwise stated TOTAL ADA Parking Spot Requirement example (per ADA.Gov): Total Parking Spaces Min. Accessible Spaces Required Min. Van -Accessible Spaces Required 1-25 1 1 26-50 2 1 51-75 3 1 76-100 4 1 101-150 5 1 151-200 6 1 301400 8 2 16 spaces required 327 Spaces Required No indication of the number of Accessible spaces has been provided by the applicants; however, they are in agreement that, per Building Code, ADA spots will be provided. Additionally, a certain number of EV spaces will also be required both for typical spaces and Accessible spaces. This number has not been provided. Proposed*: The Summit - Proposed Location Number of Spaces Lot B/Lot A at Grade (Avon Center) 38 (9 are Lot A) Lot B Below Grade Structure Residential 156 TOA Commercial 4* Avon Center 42 Total Proposed on Lot B 240 Source: Grand Peaks *Please see narrative for Development Bonus with the attached application for commentary regarding this parking justification. For Lot B specifically, the proposed number of spaces is 156 residential, 4-Avon Commercial, 29 surface spaces. The residential parking ratio as proposed is 0.95 spaces per unit. This number is not far off from neighboring properties- see below. In looking at neighboring properties, the following residential parking has been determined: NUMBER OF UNITS SPACES PER UNIT GUEST OTHER/ NOTES TOTAL SPACES Frontgate 81 2 10 17 Bike 172 Basecamp 15 2 4 Individual Garage +Surface 34 Seasons 104 1.2 Garage 124 Lot 3 - Hotei ill 1.4 N/a Valet/Garage 157 W ndham 58 1 N/a Garage 58 One Riverfront 40 1.2 Garage 48 MJR25002, DEB25001 the Summit December 3, 2025 Page 8 of 20 7.28.070(b)(3) Retaining Walls: A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is demonstrated that no alternative site layout is functional. • There is at least one (1) wall that will be seven feet. Staff feels this wall is necessary to support this site design and proposed layout given the grade changes of the property. • The Planning Commission should consider this proposed wall with this application. DESIGN STANDARDS ANALYSIS: Chapter 7.28 — Development Standards 7.28.010 Purpose and applicability. (a) Purpose. The purpose of the development standards in this Chapter is to establish the minimum requirements for design and development within the Town. The development and design standards in this Chapter shall apply to the physical layout and design of all development, unless exempted by this Development Code. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods and the natural environment in order to implement the Comprehensive Plan vision for a more attractive, efficient and livable community. (b) Applicability. The general applicability of the provisions of this Chapter are more completely defined in this Section. All new development shall comply with the standards of this Chapter. Any modification to an existing development that is nonconforming to the regulations of this Chapter which results in an addition or removal of fifty percent (50%) or more of the development shall require the entire development to come into compliance. Chapter 7.28 is the most significant Code aspect used in examining a Development Plan. The following is the analysis of The Summit and how it complies with this chapter. 7.28.090 Design Standards: General Purpose. The general intent of the design standards is to implement the Avon Comprehensive Plan vision of an attractive, efficient and livable community that features stable neighborhoods and promotes a mix of uses in well -designed community focal points. Importantly, to ensure a high quality appearance for residents and visitors of Avon and promote good design while allowing flexibility, individuality, creativity and artistic expression; while also protecting and enhancing the unique mountain character and economic development of Avon by encouraging physical development that is of high quality and is compatible with the character, scale and function of its surrounding area. This section will focus on key aspects of these standards, typical in reviewing a Major Development Plan. Solar Access: Staff requested and received a solar analysis from the applicant (see attached materials). It demonstrates that solar access on the drive path shared with Lot 3 will be shaded almost 100% percent of the time, all year long. Proposed to utilize a snowmelt system, it will be imperative to have this system be operation during the winter months for safety reasons. Building Design, Building Materials and Colors: The proposed materials include a combination of rock veneer accents, square metal panels, composite paneling (masonry), and wood -look siding/trim, with timber and other structural accents — similar to those materials proposed for the neighboring condo -hotel. Avon Development Code Section 7.28.090(c)(3), Building Materials, requires the use of "high quality, durable building materials", and "preferred materials reflect the Town's sub -alpine character such as native stone, MJR25002, DEB25001 the Summit December 3, 2025 Page 9 of 20 wood siding, masonry or timbers." All of these materials are considered with this design. Root -A pholl Shlrtgles Store Soffit W lntlows and Melal IAm - Block Composite Porels Stucco Al 111"N h—Composite Pmel • While the Avon Municipal Code does not specifically have a color chart and requires indigenous natural or earth tones, such as brown, tan, grey, green, blue or red, in muted, flat colors, use of the proposed color scheme may be considered a bit dark- especially along the western side, which will be shaded and backlit effectively the majority of the day, all year long. • See Solar Study attached/within the application materials • Contrast has been a topic of discussion recently with other projects. While reflective value of 60 is limiting for some paint colors, the colors proposed may be considered very close and not offer or add to the appearance of articulation. 4-Sided Design: The building is elongated, ending in an I" at the south, offering a varied peaked roof. The building itself has wall features (stripes, for a lack of a better term), but the along its length, the structure does not have significant articulation but uses the roofline overhang and certain vertical architectural features for a surficial effect. MJR25002, DEB25001 the Summit December 3, 2025 Page 10 of 20 Scale and Massing: Per Code, "...buildings greater than two stories or thirty (30) feet in height shall be designed to reduce apparent mass and visually anchor the building to the site by including a clearly identifiable base, body and top, with horizontal elements separating these components." While the south end of the building consists of less floors and becomes more relatable to the open area of the pedestrian mall, the majority of the complex is vertical in design and does not have an identifiable base along the east and west elevations. Further, the linear aspects are not pronounced nor have significant recesses and projections, as you see with Lot 3, without any step backs. Development Transitions: This Code section recognizes that there is a relationship to neighboring buildings as things develop. Where the open pedestrian mall and integrations have a relationship with the Avon Center, there appears to be no acknowledgement of the proposed development to the pending condo -hotel on Lot 3. • The concerns are centered on solar access and overall life and safety issues related to the valet parking system in Lot 3. The system is tightly configured, which may lead to potential conflicts with residents exiting the development onto West Beaver Creek Blvd. The elongated western elevation lacks proper articulation, presenting an opportunity to modify the structure. Such modifications could help alleviate potential conflicts and enhance safety at the shared access points for entering and exiting the area. • Please see the proposed condition requiring an improved design and or plan for this shared access. Additional detail is required. Water Use: ERWSD has not had the opportunity to review the needs of this development. According to communication with the District, the Applicants were encouraged to submit materials for preliminary review in August. Although there has been no indication that water will not be available for this project, it will be important to know if the proposed design coordinates with the existing infrastructure of the District. Snow Storage: Snow storage will be nil, as most of the exterior surface areas will be heated or covered by building or hardscape. Much like the neighboring condo -hotel on Lot 3, snowmelt systems will be utilized to maintain an ongoing snow -free area for pedestrians and users of the civic space. However, as the proposed surface lot is not snow melted, this parking lot will necessitate proper snow storage. It appears that the snow storage for this lot is currently insufficient. Landscaping: Landscape plans are included in the attached packet. The landscape plan meets the minimum requirements and utilizes drip for all disturbed areas; however, portions of landscaping are offsite MJR25002, DEB25001 the Summit December 3, 2025 Page 11 of 20 on the Avon Center property. The landscaping plan should acknowledge onsite and offsite areas. Roof Material and Pitch: The roof material and pitch were reviewed for compliance with Sec. 7.28.090(c) (4) Roofs. On the top level, the distinct roof is "articulated" or broken up using architectural accents, and the small portion of flat roof on the southwest side shows distinct variation of this secondary roofline. As such, the proposed design is not singular or monotonous and provides an acceptable visual appeal overall. Exterior Lighting: The exterior light fixture selected for the project is predominantly down cast, modern fixture style and in compliance with the Outdoor Lighting Ordinance and Section 15.30.040. • The lighting shown consists of full cutoff fixture or downcast fixtures engineered to minimize light glare upward into the night sky. • All windows that are lit from corridor lighting need to be glazed or tinted to prevent glare. • A complete lighting/photovoltaic plan has been submitted and is part of the attached application materials ' v k tlA w 1 F:mce arc^!type 0. 1 Ferda^t • Duh-4. C' ,I I ti Cork Sly Ca .1 The applicants have also updated their balcony sconce per PZC ""kS "C ""�' "Iy _ne'I recommendation and are using low wall sconces to eliminate glare as seen by pedestrians. 7.28.090. 0) Mixed -Use and Nonresidential Design Standards. See also Appendix A- Mixed Use for more detailed examples Purpose. The mixed -use and nonresidential design standards are intended to protect and preserve the quality and character of the built environment in the Town. More specifically, the purposes of this Section are to: (i) Encourage high quality development as a strategy for investing in the Town's future; (ii) Emphasize the Town's unique community character while maintaining and enhancing the quality of life for the Town's citizens; (iii) Enhance the Town's sense of place by shaping the appearance, aesthetic quality and spatial form of structures and developments; (iv) Protect and enhance property values; (v) Minimize negative impacts of development on the natural environment; (vi) Provide property owners, developers, architects, builders, business owners and others with a clear and equitable set of parameters for developing land; (vii) Encourage a pedestrian -friendly and bicyclist -friendly environment; (viii) Ensure greater public safety, convenience and accessibility through the physical design and location of land use activities; and (ix) Promote both the sustainability of the structure and the overall community. Building Layout and Design: The design of this structure generally conforms to Section 7.28.0900) and offers a significant pedestrian corridor connecting West Beaver Creek Blvd. to the Avon Pedestrian Mall, as previously mentioned. There are entrance points on both the north and south ends of the complex, and commercial located along the mall. • Parking is underground with limited surface parking on Lots A and B • It is unclear how deliveries will be made to the commercial area along the Pedestrian Mall; MJR25002, DEB25001 the Summit December 3, 2025 Page 12 of 20 however, use of the loading area along Possibilities Plaza and the pedestrian mall, or potentially in the parking garage via smaller vehicle is available. • The applicants are offering a loading zone along West Beaver Creek Blvd. to replace the existing on -street parking. It is unclear whether this loading area will have time restrictions, such as allowing parking outside of delivery hours, which is common in other jurisdictions; the reserved fire lane area will prohibit parking. It is worth noting that the Town has faced challenges with the nearby Sheraton property due to the absence of a defined loading area. Often large delivery trucks park in the middle of the boulevard affecting traffic and creating unsafe conditions. Currently, deliveries to the Avon Center unload in the unobstructed parking lot, which will be eliminated as part of this redevelopment. Establishing a shared loading zone capable of accommodating an 18- wheeler would be a significant advantage- especially with the development plans for Lot 3, and future redevelopment plans for the Sun Road redevelopment area. Storefronts and Pedestrian Entrances. No commercial area is being proposed at West Beaver Creek Blvd.; however, a clearly recognizable entrance to the structure is being proposed. Slightly lower than the sidewalk at this roadway, this entrance is similar to the neighboring condo -hotel and is designed at a pedestrian scale. The interface on the south end, connecting to the Pedestrian Mall is very similar, and would be the second significant entrance. MJR25002, DEB25001 the Summit December 3, 2025 Page 13 of 20 MAJOR DEVELOPMENT PLAN — REVIEW CRITERIA: § 7.16.080(g), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The application generally complies with the applicable purpose statements outlined in the Development Code. Purpose (1) states, "Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub -alpine environment." The "mountain modern aesthetic" in architecture is compatible with other hotel developments, such as the Westin, the Wyndham, and the proposed Lot 3, which utilize similar materials like stone, wood -like siding, metal, and timber accents. However, as noted in the analysis, one consideration is that the colors and materials may not provide enough contrast particularly on the elongated and shaded west side. 2. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The site is located in the Town Core District (District 1 of the Comprehensive Plan), which states, "The Town Center District serves as the heart of the community. A mix of lodging, residential, government services, civic facilities, and commercial uses complement social, cultural, political, and recreational gatherings in the District. It provides a diversity of land uses in vertically mixed -use buildings to be the common ground between full-time residents, part-time residents, and destination guests. The Town Center District will continue as the primary focus for mixed use, pedestrian -oriented residential and lodging development within the Town. The size of the parcels provides an opportunity for a variety of redevelopment opportunities. Avon should encourage redevelopment opportunities when they provide community benefit, improve street patterns, and create more direct pedestrian walkways and bike paths." The planning principles outlined for District 1 emphasize a mix of residential, lodging, and other uses. While this redevelopment is intended to be mixed -use, it predominantly consists of residential units. The proposed architectural design is compatible with the Avon Town Core, and this development aligns with the intentions of the Comprehensive Plan. However, as a rental complex, it will not create a continuous tax base for the town, unlike a condominium complex, which would generate Real Estate Transfer Tax or lodging taxes. If this property is used for short-term rentals, Avon could benefit from funding for Community Housing, much like that received from the Avon Center or the Wyndham. However, without a significant commercial component, the revenue potential is mainly limited to property taxes within the Avon Urban Renewal Area and, after its expiration, the Downtown Development Authority. Nevertheless, the public investment in the proposed pedestrian connection area outlined in this application is expensive, as is the enhancement of the Pedestrian Mall. This investment in an older part of Avon is highly valuable for enhancing the vibrancy and activity within this area of Town Core. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The application demonstrates the original intention of the Avon Center development. This project will complete the planned shared access with Lot 3 and provide parking for the Avon Center, a long -considered aspect of the project. Therefore, this project aligns with the objectives of the original approvals. MJR25002, DEB25001 the Summit December 3, 2025 Page 14 of 20 4. 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; Staff Response: The application is not demonstrating compliance with Code pertaining to height, parking, and setbacks, but may be accepted with approval of the Development Bonus. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services; and Staff Response: The Engineering Department is working on all technical aspects of this project with the applicants. Water will be provided by the ERWSD. The establishment of how many water taps will be needed is still pending. However, there has been no indication there will be an issue in providing water service for this project. There is a concern in what the applicants are proposing for the West Beaver Creek access for Lot A, and the shared access with Lot 3. These accesses will need to be evaluated to a much higher degree, as is required by the Engineering Department, captured in the proposed conditions. 6. The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: Community character refers to the unique identity of a place and the overall impression a neighborhood or town creates for both residents and visitors. The property is situated in the Town Core, an area where developments of this scale are generally appropriate. The overall design of this development aligns with the architectural styles of similar projects, featuring design elements such as high -end building materials, civic enhancements, and appropriate intensity of use. However, it seems that the design of the transition from The Summit height to the condo -hotel on Lot 3 (of under 80') has not been specifically addressed in this project. MJR25002, DEB25001 the Summit December 3, 2025 Page 15 of 20 DEVELOPMENT BONUS: & 7.16.170(e) Review Criteria 1. Impacts do not outweigh benefits. External impacts of requested development bonuses on the public, adjacent property owners, or the Avon community do not outweigh the public benefits. Staff Response: This redevelopment project is significant in its design. The height proposed in this particular area of Town Core of 100' will be clustered with the Sheraton (99'), Avon Center (90'-98'), The Seasons (84'), Wyndham (80'), and Lot 3 (73'). The public benefit of the creation of the pedestrian connection is significant and will be the second public improvement in this area positively affecting pedestrian movements. The previous contribution being the contribution of Lettuce Shed Lane as an outcome of the Wyndham development, and updates to the adjacent Avon Pedestrian Mall. It can be argued that the benefits of developing this long -vacant and buildable lot in the Town Core, which does not require a zoning change for approval, outweigh any potential downsides. Introducing additional residential activity in this area could promote greater economic sustainability, increase demand for new or improved commercial growth, and enhance community engagement. 2. Mitigation of impacts. If impacts are presented by the requested development bonus, they shall be mitigated by the Applicant to the extent practicable. Town may require an analysis and may require mitigation of the impacts on all public facilities, infrastructure, and services which serve the property, including but not limited to public infrastructure, streets, additional water rights required to serve the development, fire protection, ambulance services, transit, parks, and recreation. Conditions to granting a development bonus may be necessary to ensure harmony with the community. Staff Response: There are conditions that are required with this application. Internal concerns identified to date largely concern parking, engineering, and implementing the Development Agreement. Items that have not been finalized like the loading space replacing on street parking, water taps/service, water use, rent -capped employee housing units, the pedestrian connection, and the improvements on the Pedestrian Mall, will need to be captured in future agreements. 3. Location and design. The location and design of any contribution towards public parking, transit, pedestrian enhancement, streetscape improvement, or civic facilities shall take into consideration functionality, current and projected demand, and long-term maintenance and operation costs, and shall include such legal documents as are deemed necessary and acceptable to the Town. Staff Response: The Town of Avon will need to address maintenance of the pedestrian connection and the coordination with the developer on the integrated improvements along the Pedestrian Mall, and with the four (4) proposed parking spaces within the structure. At present, the Town's design consultants and the developer's design consultants are coordinating on these improvements; however, no formal agreements have been executed. This will be similar for the proposed commercial space. Staff anticipates this will be discussed with Council and captured in Agreements. GENERAL REVIEW CRITERIA: 47.16.020(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 MJR25002, DEB25001 the Summit December 3, 2025 Page 16 of 20 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 deemed complete; Staff Response: The applicants have supplied sufficient materials, necessary to make a completeness determination for this application. (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria including a complete narrative with additional application materials; Staff Response: The applicants have provided adequate materials to support this finding, allowing the project to proceed forward in completing all studies and designs prior to submitting for a building permit. (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; Staff Response: The anticipated development within this area is recognized as appropriate and in general compliance with the Comprehensive Plan. This compliance is based on the initial development approvals for the Avon Center, which once contemplated development at this location as a phase of development. (iv) The demand for public services or infrastructure has been mitigated through the ongoing development permits. Staff Response: The applicants have supplied sufficient materials necessary for establishing service for this development and is an acceptable and complete application. RECOMMENDED FINDINGS: MJR25003 §7.16.080(g) — Development Plan Review Criteria 1. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes has been provided and is generally sufficient for this review; 2. With conditions and the approval of the associated Development Bonus, the application is sufficient for analysis; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria (or not); 4. The development is in compliance with most of the 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, and remains generally consistent with the previous approval for the Avon Center. 5. The mixed -use and nonresidential design standards sufficiently protect and preserve the quality and MJR25002, DEB25001 the Summit December 3, 2025 Page 17 of 20 character of the built environment in the Town with respect to the impacts of its design upon the community; 6. The development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and 7. The development design generally conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. DEB25001 §7.16.170(e) — Review Criteria 1. The potential impacts of this infill development do not outweigh the public benefit provided with this redevelopment project in introducing additional residential activity in this area, the potential offset in promoting greater economic sustainability, the increase demand for new, improved, or increased support for commercial growth in Town Core, and the potential for enhanced community engagement and activation in this area. 2. The Applicant is proposing a significantly reduced number of required parking. Careful consideration of this request is warranted with this analysis by the PZC. Mitigation of the impacts on public facilities, infrastructure, and services which serve the property, including but not limited to public infrastructure, streets, water required to serve the development, fire protection, ambulance services, and the public pedestrian connection appear to be sufficient. The development's location and design provide a welcome pedestrian connection from West Beaver Creek Blvd. to the Avon Pedestrian Mall, continuing to Nottingham Park or Lettuce Shed Lane, transit, and the gondola. Creation of a flexible public community space may be beneficial for enhancing the cultural arts and activity in this area. GENERAL CRITERIA FINDINGS §7.16.020(f)(1) — General Criteria 1. The development applications are complete; 2. The development applications provide sufficient information to allow PZC to determine if it complies with the relevant review criteria; The development applications comply with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity (e.g., water, sewer, and storm drainage) does not require mitigation at this time and will be coordinating prior and during the next phase for the building permit. OPTIONS: PZC has the following options: • Recommend approval of the application as presented, with conditions • Recommend approval of the application with modified findings or conditions • Continue the public hearing to a specific date • Recommend denial, with findings MJR25002, DEB25001 the Summit December 3, 2025 Page 18 of 20 PROPOSED CONDITIONS: 1. The proposed Employee Mitigation program will require a Deed Restriction Agreement to memorialize this requirement, ensure compliance with Section 7.20.100. 2. Engineering approval for all site access points, the acceptance of the loading space design, and drainage shall be required prior to the issuance of a building permit. 3. An alternative roof design is required to reduce the height of the proposed structure, specifically in consideration of Lot 3 on the west elevation, prior to submitting a building permit application. The design should include options such as stepping back the upper levels as it relates to Town Hall and Lot 3 and or enhancing the articulation of these elevations. These changes aim to increase sunlight exposure and reduce the length of the building's facade. Approval for this design change will be processed through a Minor Development Plan application and reviewed by PZC prior to building permit. 4. Lights installed in recessed lighting fixtures must not cause glare or disturbances for neighboring property owners. If any glare is detected, lower wattages or diffusers will be required for all fixtures. Additionally, all windows in illuminated corridors must be glazed or tinted to prevent glare and to ensure that light from these areas cannot be seen from neighboring properties, which could be considered nuisance lighting. 5. An on -site building material mock-up shall be reviewed and approved by PZC before completion of framing. 6. The proposed parking management system shall be an operational requirement for this development. A Parking Management Plan Agreement shall be recorded as a covenant between Lots A and B. Accessible parking spaces shall be provided in accordance with all applicable accessibility standards of the prevailing Americans with Disabilities Act (ADA), Federal Fair Housing Act (FFHA) and International Building Code (IBC). The required number of spaces are in addition to the proposed number of typical parking spaces provided by the developer. 8. Long-term maintenance and operation costs of the pedestrian improvements shall be captured in an agreement deemed acceptable to the Town. 9. The developer shall coordinate design and construction efforts with the Town of Avon on the Avon Pedestrian Mall. All improvements installed by the developer must be accepted by the Town of Avon prior to the issuance of the residential Certificate of Occupancy. 10. The final landscaping plan must include plants and other vegetative materials approved by the Town of Avon Master Gardener for the proposed civic space, ensuring consistency with the Town's other plantings. 11. A Sign Plan will be required to be submitted with the building permit. If Lot B is not going to use the Sign Plan/Program of the Avon Center, they will need to create and achieve approval of an independent sign program. 12. An accessible connection from the revised surface parking lot to West Beaver Creek Blvd. must be provided for this redevelopment. 13. A detailed plan and or proposed design for the whole intersection..." at West Beaver Creek MJR25002, DEB25001 the Summit December 3, 2025 Page 19 of 20 Blvd/Sun Road must be provided to and approved by the Town of Avon Engineering Department prior to the submittal for a building permit. RECOMMENDATION: At this time, Staff recommends continuing this application to give the applicants a chance to reduce the number of conditions. They can accomplish this by revising or updating the application to address any concerns and by providing any additional information that may be lacking. RECOMMENDED MOTIONS: `7 move to continue all applications to with direction for the applicant to [example] amend the application reflecting on building design and in addressing/satisfying some of the proposed conditions concerning access, parking, and other design requirements. Or `7 recommend Town Council approve of MJR25003 and DEB25001 based on the proposed findings as found in §7.16.080 Development Plan, §7.16.170 Development Bonus and §7.16.010(f)(1) General Criteria (for an application) and including the conditions as proposed." Thank you, Jena ATTACHMENT: A - Developer Application - updated B — Public Comments MJR25002, DEB25001 the Summit December 3, 2025 Page 20 of 20 TO: Planning & Zoning Commission Members FROM: Keith Fraser, Senior Engineer RE: QUASI-JUDICIAL PUBLIC HEARING (continued) QV Lot B, "The Summit" - MJR25003 Major Development Plan; DEB25001 Development Bonus 0 0 L 0 R A D 0 Access and Traffic DATE: December 8, 2025 STAFF REPORT OVERVIEW: This report summarizes traffic and vehicular access information received by the Town as part of the above referenced Major Development Plan I Development Bonus application to the Planning and Zoning Commission ("PZC"). It compares access and traffic information for relevant developments along West Beaver Creek Blvd. This report itself does not call for a motion from PZC. It is intended to provide additional Engineering information to supplement the Community Development Dept report on the above referenced application. BACKGROUND: Lot B is part of the Avon Center development, which also includes the existing Avon Center located on Lot A. Currently, Lot B serves as a private surface parking lot with approximately 129 existing surface parking spots. It also provides access to the underground parking garage beneath the Avon Center. Contiguous Lot 3 was created as part of the Mountain Vista Resort Subdivision, or as it is more familiar, the Sheraton Mountain Vista. Created in 2001 and more recently updated in 2020 by plat, Lot 3 is situated directly between Lot B and the Sheraton Mountain Vista property. In April 2023, Lot 3 Mountain Vista LLC ("Lot 3 Developer") applied to develop Lot 3 as 158-key hotel with an underground valet operated parking garage, accessed from West Beaver Creek Blvd ("WBCB"). A Traffic Impact Study ("TIS-1 ") was compiled as part of this application, dated April 2023. The Major Development Plan ("MJR") application was subsequently approved by Town with conditions. In March 2025, Lot 3 Developer applied to alter the development to a 111-key Condo -hotel, with essentially the same access from WBCB to their proposed underground garage. An updated Traffic Impact Study ("TIS- 2") was conducted in May 2025. The proposed changes were deemed consistent with the original MJR. This developer has since applied for a building permit, which is currently under review. Grand Peaks Properties, Inc ("Lot B Developer") is currently applying to develop a 164-unit apartment building "The Summit" with an underground parking garage that will share the same access that the Lot 3 developer is constructing to access their garage from WBCB. EXISTING ACCESS: Lot B (and Lot A's underground garage) is currently accessed from West Beaver Creek Blvd "WBCB" by a two lane paved full access, without any turning lanes, just east of the Sun Rd access. Lot A is also accessed from WBCB by a two lane paved partial access that restricts 'left -out' westbound traffic. Traffic entering Lot A from the east has a dedicated 'left -in' turning lane. FirstBank, on the opposite side of WBCB has a two lane paved partial access that is intended to restrict'left- out' eastbound traffic, but the reality is drivers occasionally make this turn anyway. 970-748-4078 kfraser@avon.org Sun Road is a three lane paved full access with a dedicated `left -out' turning lane, eastbound onto WBCB. There are no traffic signals on WBCB. PROPOSED ACCESS: The Lot B Developer is proposing to abandon the existing access and share the Lot 3 garage access from WBCB to access a proposed underground garage and through it, Lot A's existing underground garage. Additionally, Lot B proposes to construct a new restricted 'right -in right -out' paved access to a smaller surface parking lot approximately 120ft further east, just west of the existing Lot A access. FINDINGS: 1. The Lot B Developer commissioned a Traffic Impact Study ("TIS-3") in September 2025 as part of this MJR application, however TIS-3 did not consider the existing FirstBank access nor the proposed Lot B surface lot access in the analysis. 2. TIS-3 uses the same traffic volumes collected for TIS-2 (for Lot 3) and was produced by the same Professional Engineer. These traffic counts were reported to have been taken during peak hours on Thursday May 1, 2025, and Saturday May 3, 2025. 3. TIS-4, an update produced in November 2025, estimates vehicular traffic to and from the bank using the ITE Trip Generation Manual to add the FirstBank access to the existing conditions. 4. TIS-4 also includes the proposed Lot B surface lot access as "Commercial Access" for Lot A. 5. Lot 3 Developer has expressed written concern that the Lot B application "...does not include a traffic study to verify that the anticipated vehicle volume for the Shared Access Drive ("SAD') aligns with its design capacity and the intersection at West Beaver Creek Blvd." 6. Engineering Staff have determined that TIS-4 does calculate anticipated volume for the shared access and the associated Levels of Service ("LOS") at the intersection with WBCB: Summer ekday LOS 2011 2045 2027 2U49 Background Background Total Total Intersection/Approach AM PM AM PM AM PM AM PM W Beaver Creek Pkwy & Sun Rd A A EB A A A A A A WB A A A A A A A A NB B B B C B C B C SB Left B C B C C C C D SB Right A A A A A A A A W Beaver Creek Blvd & 1st Bank A EB Left A A A A A A A SB B C B C B C B C W Beaver Creek Blvd & CornAccess W9 - - B B B 1 B "Background" in the above table assumes construction on the Lot 3 development is complete in 2027. MJR25002, DEB25001 the Summit — Traffic and Access December 8, 2025 Page 2 of 3 South Bound (SB) Left indicates the LOS for vehicles turning east off Sun Rd (from the Post Office, Walgreens) onto West Beaver Creek Blvd. TIS-4 identifies this as the worst affected maneuver. 7. LOS for unsignalized intersections are presented below. Level of Service Average Control Delay (s/veh) A 0-10 B > 10 - 15 C >15-25 D >25-35 E >35-50 F > 50 TIS-4 concludes that the Lot B development will increase delays from 15-25 seconds/vehicle to 25-35 seconds/vehicle for traffic turning east off Sun Rd by 2045. It should be noted that a dedicated turning lane exists on Sun Rd for this maneuver. 8. West Bound (WB) represents traffic turning into the shared access drive from WBCB. While this maneuver is predicted to have a LOS of A through 2045, it should be noted that vehicles waiting to turn left into the drive affect North Bound (NB) vehicles on WBCB, as no left turning lane is proposed here. This impact is reported as 15-25 seconds delay per vehicle by 2045 with or without the proposed development on Lot B. 9. While the average predicted delays appear reasonable for all cases, it should be noted that TIS-4 does not consider vehicle operations on the shared access by Lot 3, where a valet service is intended to park guests' vehicles. It is understood that there will be a passenger loading and unloading lane on the inbound (Lot 3) side only and that guests leaving will have to make a U-turn within the driveway to access WBCB. The impact of this maneuver on vehicles entering the driveway has not been considered in any of the Traffic Impact Studies presented. RECOMMENDATIONS: Engineering recommends that the respective Engineers from the two developments collaborate closely to model the proposed vehicle operations as accurately as possible and agree on a design for the shared access drive and the intersection with West Beaver Creek Blvd that has sufficient capacity for both developments. Thanks, Keith MJR25002, DEB25001 the Summit — Traffic and Access December 8, 2025 Page 3 of 3 m'Fn i I t a tw A v o n for pD r t m le n t s � Il�lpd ..Inl "��I�IVrI a „I� �, � �-• �i � �• � � �ob• � .I�c y II I IIII .,II�� �- �d�, pp Iu € �� ,� �I 'IIPI III1A0�� - _ �• �� tr F�: - �+ ��� rlNOR � iij ill Iwl lunll �" —PER 5/ r l��BuIIllill �oi z '� y' - 1 r■ ��1 r T Ilk Ilk FL- 44 OF MAI PROPOSED CONDITIONS: 1. The proposed Employee Mitigation program will require a Deed Restriction Agreement to memorialize this requirement, ensure compliance with Section 7.20.200 Agreed 2. Engineering approval for all site access points, the acceptance of the loading space design, and drainage shall be required prior to the issuance of the building permit Agreed 3. An alternative roof design is required to reduce the height of the proposed structure, specifically in consideration of Lot 2 on the west elevation, prior to submitting a building permit application. The design should include options such as stepping back the upper levels as it relates o Town Hall and Lot 3 and or enhancing the articulation of these elevations. These changes aim to increase sunlight exposure and reduce the length of the buildings facade. Approval for this design change will be processed through a Minor Development Plan application and reviewed by PZC prior to building permit Proposing Changes to Gables - See Presentation 4. Lights installed in recessed lighting fixtures must not cause glare or disturbances for neighboring property owners. If any glare is detected, lower wattages or diffusers will be required for all fixtures. Additionally, all windows in illuminated corridors must be glazed or tinted to prevent glare and to ensure that light from these areas cannot be seen from neighboring properties, which could be considered nuisance lighting. See Proposed Lighting 5. An on -site building material mock-up shall be reviewed and approved by PZC before completion of framing Agreed 6. The proposed parking management system shall be an operational requirement for this development. A Parking Management Plan Agreement shall be recorded as a covenant between Lots A and B Agreed 7. Accessible parking spaces shall be provided in accordance with all applicable accessibility standards of the prevailing Americans with Disabilities Act (ADA), Federal Fair Housing Act (FFHA) and International Building Code (IBC). The required number of spaces are in addition to the proposed number of typical parking spaces provided by the developer. ADA spaces provided based on 2021 International Building Code 8. Long-term maintenance and operation costs of the pedestrian improvements shall be captured in an agreement deemed acceptable to the Town. Agreed Recap 10. The final landscaping plan must include plants and other vegetative materials approved by the Town of Avon Master Gardener for the proposed civic space, ensuring consistency with the Town's other plantings. Agreed 11. A Sign Plan will be required to be submitted with the building permit. If Lot B is not going to use the Sign Plan/Program of the Avon Center, they will need to create and achieve approval of an independent sign program. Agreed 12. An accessible connection from the revised surface parking lot to West Beaver Creek Blvd. must be provided for this redevelopment See Presentation 13. A detailed plan and or proposed design for the whole intersection at West Beaver Creek Blvd/Sun Road must be provided and approved by the Town of Avon Engineering Department prior to the submittal for a building permit. 9. The developer shall coordinate design and construction Concur - this will be indicated on the final Lot 3 plans efforts with the Town of Avon on the Avon Pedestrian Mall. All which will construct this intersection and the shared improvements installed by the developer must be accepted by the ramp. These improvements will also be reflected on our Town of Avon prior to the issuance of the residential Certificate of final documents. Occupancy. Prior to final residential CO, not TCO ARCHIRE REAND ASSOCIATES, -LANDSCAPE ARCHITECTURE THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED GRAND 12.08.25 PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com N' Site Plan FGC AccEss PROPOSED LOT 3 / PRIVATE PROPERTY- �a� ,f � GARAGE BELOW �� - ` TRANSFORMERS A/j\ ROOF OVERHANG / / CONOENBFRB `- ENTRANCE a �.� PLAZA / BIXE RACKS U) - / O l / % / ROOF OVERHANG 1 `� • > / � \ PUNTERWA TST AVON TOWN HALL / 1 38 PARKING SPOTS TS B f ceconnTrvE Prw¢s12 GUARORAILGAROUNOXOr _4r P � oyF' LANTER WK45� Q•O SY 4T / TURF /pQF'P�yO�OPLt '�/ 4 N101ARSIERS SPA LILT GY NURF / / / ./ /5 0 �FOR WHEELOVERHANGE QQ' 9E � GIMROM0. / J i PROPOSED R HOT TUB BUILDING GGFG ERXANG AREA LODGE AT AVON 0 GWN \ GATESTITTOA1EOi CENTER (/ / PLAN < \ GATES ITLN�TOMH ,� / 17 Op `BIKE RAcxG IOI SpgC gt/O/V ears o� F AMENITIES PRO EC ED LURE GPAOE AXE RAc \ AREA OR WHEEL OVERHANG \ � w•. �� ".,. �"R Xs Ian � h \ _ _ COMMERCIAL r TRANSPLANT B EAiBTING BHUBERi PATIO # GARAGE eELaw - � A�„ cXorcecHERRr ZEHREN AND ASSOCIATES, INC. ARCHITECTURE • PLANNING • INTERIORS -LANDSCAPE ARCHITECTURE PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com e0 x M. .. , •'o•�, . voo.o.•...... .e00000 :::•3 qA P III \ THE SUMMIT APARTMENTS - PLANNING AND ZONING - �� ♦eM .I t_ REVISEDAND12.08.2 Building Height dip wr '1 bp VIC At AA 1 W , AD ol .. 0 - ; a n �M V • 80 .^ ♦ ^ ♦e•0 N44 to. r Y � 1 ARCHITECTURE DSCAPE ARCHITECTURE THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED • GRAND KS 12.08.25 PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com 0 Previous Design 105' Building Height ir LIL r U" U Vr L ! x �ARCHRENGRAN EAND ASSOCIATES, ORS-iADSCAPE ARCHITECTURE THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED FV P � 12.08.25 PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com All !'His . J Ik �m 1111111�6nnnmlllll . �� ��' illlllf " Aw IIII�IIIIIIIIIIIIII�YIIb IIIIIIIIIIIINII\ a : ' 04 1, i = 4 i!',l bllhlllll J! LII� I'll �z X V rn6,� IIII �u �I do =- Ewa A►11111111L6 % Revised Typical Gable Extended columns to underside of roof - Lower and more engaged wood brackets with the top floor Centered Door on Gable a �ARCHRENEANDA-INOCIATES, INC. ORS-iADSCAPE ARCHITECTURE THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED FV GRAND KS 12.08.25 PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com West Elevation Perspectives �ZEHRENEAND ASNOoRSALADSCAPE ARCHITECTURE THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED FV GRAND KS 12.08.25 PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com Shop By Sale Trade Q A b I i 0dW $ L, ndu pe I Land- ,rght-4 I Disk & Slep lights I lap-- "r Ae Horizontal Step LI91,I by Hinkley Taper D Wide Horizontal Step In Stock Ships within I businen Light day by Hind Shop b st Available Select FiddlOnze Desc,'otion Specifications Availability Details • Wiring kit included • Low Vo tage option requires 12V TraWormer, • Material: Cast Aluminum • Shade Material: Etched Glass • Dimmable: Yes • Dimmer Not Included • Dimmer Type: Magnetic low voltage Lighting Lamp Type LED Built-in Total Lumens 300 Total Watts 2.50 Volts 12 Dimensions Fixture: Width 8", Height 3", Depth 1", Weight 0.74Lbs Technical Files Reviews ZEHREN AND ASSOCIATES, INC. ARCHITECTURE • PLANNING • INTERIORS -LANDSCAPE ARCHITECTURE PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com ITEM#: HKY2226162 MFR JD: 1557BZ with a plan from Extend sting: UL Listed Wet pliant: This design satisfies the requirements of the is with Disabilities Act. B Corporation: This company meets verified standards of d environmental performance, accountability and ?ncy. �: Limited 10 Year China Average 40, Lifespan (Hours) CRI 90 Equivalent No Halogen, CFL or LED Bulb Can Be Used Lighting at Balconies THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED FV P�� 12.08.25 D LOT 3 p ROOF / / Zoef Jai / G� P Ob / PAVER PATH TO MATCH THE PEDESTRIAN MALL DECORATIVE PANELS — GUARDRAILS AROUND HOT TUB AREA PLANTER WALLS 24" TALL SPA LIFT oP� ROOF OVERHANG PLANTER WALLS 24'- TALL 7' '1 N FDC -PRIVATE PROPERTY DO NOT ENTER SIGN GARAGE BELOW J ROOF OVERHANG CONDENSERS BIKE RACKS (4)� OW �11 ADA Path to West Beaver Creek Blvd w�® 1<10 12 '. ° > 24 38 PARKIN 25(� / 28 27 28 �' / 9 PaoPE 7 i i �RAN ARCHIRENEANDASNO RS?ADSCAPE RCHITECTURE THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED FV P � 12.08.25 PO Box 1976, Avon Colorado P. (970) 949-0257 www.zehren.com From: Tony Emrick To: Eric Heil; Jena Skinner; Matt Pielsticker; Subject: Deliveries at Avon Center Date: Friday, November 21, 2025 9:48:15 AM As a follow-up to Monday's meeting, I would like to provide additional detail regarding delivery Logistics for Avon Center. Current Operations: Deliveries, trash, and recycling are already handled at the West Beaver Creek Blvd entrance, and this will be the access point during construction of The Summit. Post -Construction Plan: Once the project is complete, we will allow limited deliveries on the Lot B side using the surface parking area. Deliveries at this Location will be restricted to lighter vehicles and designated time windows to ensure safety and minimize disruption. We do not anticipate deliveries presenting any issues for Avon Center. We are excited about this development for both the Town of Avon and Avon Center. Lot B has been a longstanding challenge, and we have made significant concessions to help move this project forward. It would be a tremendous loss for the community if the project were not completed, as future redevelopment of Lot B would be highly unlikely without this effort. Thank you for your continued partnership and consideration. Sincerely, Tony Emrick Avon Center HOA Board -r� AMOL 4w W� - - ma ■m I�11 - lisp pow. 9M ns i A. Introduction Grand Peaks Properties, Inc., as the applicant and property owner, respectfully submits this Major Development Plan application to the Town of Avon for Lot B, located at 130 West Beaver Creek Boulevard (hereafter referred to as The Summit). The legal description of the property is Lot B, Avon Center at Beaver Creek. The proposal for Lot B (The Summit) consists of a 164-unit apartment building with shared amenities accessible to both The Summit and the existing Avon Center Lot A. The building's layout is designed to accommodate a 10-foot-wide pedestrian connection from West Beaver Creek Boulevard to the Main Street Mall, situated between the proposed on -grade parking serving the Avon Center commercial uses and The Summit. This orientation also creates a view corridor toward the Main Street Mall. The massing of the building is designed to compliment the existing context of Town Center. The bulk of the massing is situated adjacent to the access easement between lot 3 and Lot B opening up view corridors towards the pedestrian street from West Beaver Creek Blvd and the future Sun Road Development. The wing running parallel to the Main Street Mall has been reduced to five floors to provide a human proportion and to guide pedestrians along the Main Street Mall from one plaza to the next providing a increase in outdoor space and relief when approaching the community plazas. The architectural and landscape design for The Summit embraces a contemporary mountain aesthetic, integrating modern materials and detailing with traditional roof forms and massing characteristic of classic mountain architecture. B. Project Overview Lot B encompasses approximately 1.53 acres and is bounded by the Main Street Mall to the south, West Beaver Creek Boulevard to the north, Avon Center Phase 1 to the east, and Lot 3 to the west. Positioned between the future Sun Road Development to the north and the Main Street Mall (a pedestrian -oriented street) to the south, Lot B serves as a strategic connection point within the Town. To enhance this linkage, the proposal includes a 10-foot- wide public access corridor providing direct pedestrian connectivity between these two key areas. The Major Development Plan for Lot B proposes a 164-unit apartment building with a combination of north -south and east -west orientations. The building program includes resident amenities such as a co -working space, fitness center, and mail room. The wing of the building parallel to the Main Street Mall will consist of four floors of apartments, designed to engage the pedestrian street through balconies and extensive window frontage. Additionally, a ground -floor commercial space is included to further activate the Main Street Mall and the adjacent plaza at the terminus of Lettuce Shed Lane. 2 The Summit Apartments The Summit Apartments are comprised of 164 units, offering a mix of studio, one -bedroom, two -bedroom, and three -bedroom residences. The development is organized into two primary building wings: an eight -story wing and a five -story wing. The eight -story wing is oriented parallel to the proposed Lot 3 site, with the main lobby and roof canopy prominently facing West Beaver Creek Boulevard. The five -story wing runs parallel to the Main Street Mall, positioned along the setback line. Its ground -floor terrace will be slightly elevated above the Main Street Mall, with access provided through a combination of plaza steps and ADA-compliant on -grade ramps, creating a seamless transition between the public pedestrian realm and the building's private amenities. Commercial Space At the ground level of the five -story wing, approximately 4,000 square feet of commercial space will front the Main Street Mall. This space is planned to accommodate a cafe/ice cream shop, a community workshop, and public restrooms, and is intended to be owned and operated by the Town of Avon. The adjoining terrace will serve as a flexible outdoor area capable of hosting community -oriented events such as art shows, markets, and similar gatherings, further activating the Main Street Mall and enhancing the public realm. C. Conformance to the Comprehensive Plan Goal C. l: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon's community image and character. The architectural features echo Avon's identity as a distinctive Colorado mountain town. The Summit will utilize modern materials on classic forms. The sloped roof of the building will be visible from Beaver Creek and 1-70 and is a reflection of the vernacular mountain style that sprinkles the Valley. The overall tones of the building will be earth tones, a blend of cool pewters, warm caramels, and notes of ambers which blend into the existing fabric of the adjacent buildings along West Beaver Creek Blvd. Goal C.2: Create community gateways and streetscapes that reflect and strengthen Avon's unique community character and image. The Summit will act as a gateway and visual landmark between the future Sun Road Development and the existing Main Street Mall. Due to the location of the public path and the building orientation, a natural view corridor guides the public towards the Main Street Mall. The new commercial spaces will include public bathrooms, a flexible space for small events and exhibits and a cafe. Goal C.3: Enhance existing cultural and heritage facilities, events, and programs that strengthen Avon's community character and image. The proposed commercial along Main Street Mall will have a terrace that could act as an 3 outdoor venue for Art installations/Shows. The terrace will be a natural pedestrian corridor during events and concerts at Nottingham Park. Goal D. l: Ensure that there is a positive environment for small businesses. The proposed commercial along Main Street Mall provides opportunities for small businesses facing the pedestrian street. The Storefront windows will visually activate the Main Street Mall but also provide maximum opportunities for retail and daylighting. Goal E. l: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. The Summit will provide 164 units to Avon. The mix of studios, 1 bedrooms, 2 bedrooms and 3 bedrooms offer current residents and future residents the opportunity to live in the center of town and walk to work within the Center of Avon. Goal F. l: Create an integrated multi -modal transportation system that minimizes dependence on automobile travel within the Town by making it easier and more inviting to use transit, walk, ride bicycles, and utilize other non -motorized vehicles. The Summit's strategic location provides residents with a vehicle free avenue of transportation. The Main Street Mall will benefit from a higher residential population stimulating the pedestrian street while supporting the surrounding existing business. The north -south linkage between the future Sun Road Development, the Main Street Mall and the Westin Gondola will act as a major pedestrian juncture further supporting a "walkable town". Goal G.4: Conserve environmental resources. The Summit is intending to utilize the Town of Avon Heat Recovery opportunities within the building systems. C. Sun Road Redevelopment Plan The Summit will build upon the existing commercial character of the Avon Center, while introducing a distinct enhancement by fronting new commercial space that directly engages with the Main Street Mall. The project will create a cohesive connection between the plaza at the terminus of Lettuce Shed Lane and the proposed Town Hall Plaza. In alignment with the Sun Road Redevelopment Plan - Adjacent Development Potential, the Town has expressed interest in establishing a public pedestrian route linking West Beaver Creek Boulevard to the Main Street Mall. The Summit addresses this objective by incorporating a 10-foot-wide pathway through Lot B, providing convenient pedestrian access across the property. This pathway will open the site between West Beaver Creek Boulevard and the Main Street Mall, fostering both physical and visual connections between these two key areas. 151 D. Site Calculations, Height, Bulk and Mass The following are key statistics regarding the proposed development including site calculations and key dimensional measurements. Building Footprint Area: 28, 578 sf (43% of The Summit Area) Paved Area (Heated): 12,998 sf (16.5% of The Summit Area) Paved Area (Unheated): 18,430 sf (23.4% of The Summit Area) Total Impervious Area: 61,496 sf (78.2% of The Summit Area) Landscape Area: 17,166 sf (21.8% of The Summit Area) See page The Summit Site Coverage Diagram Building Heights: Apartment Building: maximum height to the tallest point on the roof is 100'; maximum height to the tallest eave is 86'-6" from proposed grade. E. Landscape, Site Elements and Site Amenities & Engineering The Summit seeks to fit in within the overall character of Town Center and integrate into the natural context and setting along West Beaver Creek Blvd and the Main Street Mall. Strategic landscaping and distribution of exterior amenities and uses through -out the project site create an environment for residents to enjoy the unique location and amenities of a mixed -use building and an urban lifestyle in the center of town. The landscape and irrigation are designed to conform to the Town's standards. The approach is to create an attractive landscape using drought tolerant adaptable plants, organized by watering zones and coordinated with an automated irrigation system using efficient emitters and micro spray heads. Landscaping is proposed to help ground the building, screen utilities, and provide privacy where needed. Certain areas receive greater landscape emphasis based on location and prominence within the site as appropriate. Landscape calculations for Lot B are as follows: Total proposed landscape area is 17,166 sf or 21.8% of The Summit Area. Total irrigated area is 16,117 sf or 93.8% of the proposed landscape area Total spray irrigated area: 6,098 sf or 37.8% of total irrigated area Total drip irrigated area: 10,019 sf or 62.2% of total irrigated area See The Summit Irrigation Diagram. Exterior amenities will all be ADA compliant including The Summit entrance plaza, spa deck, internal plazas, an open lawn area, internal walkways, perimeter sidewalk, and connection to the Avon Pedestrian Mall along the south side of the site. There are three hot tub spas proposed to sit on top of the garage lid in the heart of the site. The hot tub spa deck is raised to avoid stepping the parking garage below. The hot tub spas will be shared between the residents at the Lodge at Avon Center and the proposed Summit building. [67 Utility Infrastructure Utility connections will be provided from the existing public infrastructure adjacent to the site. No off -site utility improvements are anticipated to serve the Project. Water service connections will be made to an existing public waterline which runs in the pedestrian mall to the south of the site. An 8" combined water and fire service is anticipated to serve the Project which will enter the storage room on the south side of the garage and the meters and associated backflow preventers will be located in the water entry room. There will be separate domestic meters for the residential and retail and a third water meter dedicated to irrigation purposes. This room will also provide for fire distribution services for the project as well. We have been in close coordination with the Eagle River Fire District and have coordinated the approval of our fire access as shown and the new/relocated/existing fire hydrant layout. Four total hydrants will serve the project with the main apparatus access from West Beaver Creek Boulevard as shown. Sanitary sewer service connections will be made on both the north and south side of the building to allow for shortening of internal plumbing runs within the building. The southern connections (one dedicated for the retail uses and the other for a portion of the residential uses) will be made to an existing public sanitary sewer main which runs along the pedestrian mall to the south of the Site. The northern connection will be made to an existing public sanitary sewer main which runs along West Beaver Creek Blvd to the north of the site. Based on coordination with the Eagle River Water and Sanitation District, it has been noted that the existing public sanitary sewer system will provide sufficient capacity for the Project. If required, sanitary flow metering or analysis of the existing system can be performed. The Project is intending to use the Town of Avon Heat Recovery System to support heating of the garage levels. This set reflects anticipated connection locations to the building to support this need; however, additional coordination is needed with the Town to understand the best routing to the Project site. Grading and Drainage The Project intends to take advantage of the fall across the Site from W. Beaver Creek Blvd to the pedestrian plaza area. The proposed garage ramp by others (Lot 3) will allow for a coordinated and shared access to the below -grade parking structure. The streetscape along W. Beaver Creek Boulevard will allow for accessible connections to the main building entry and leasing with an accessible connection through the site to the pedestrian plaza to the south, nicely tying access together from West Beaver Creek Boulevard to the Town Plaza. The retail spaces will front the public pedestrian plaza, shielding the structured parking beyond, and allow for accessible entry from the users of the Town's space. The grading of the site is intended to balance the fall of the site with accessible entry to building spaces and site amenities. Presently the Site is largely impervious and no water quality treatment nor detention storage are provided. The site presently provides overland discharge of developed stormwater to the public storm system. With development of the Site, water quality and detention for the additional imperviousness of the Site will be provided and controlled release to the public :1 storm system will be established. At this time, the plans reflect a drainage facility provided below the structured parking with an underground vault located adjacent to the proposed P2 parking level. Due to site constraints and the elevation of the adjacent infrastructure, it is anticipated that a system of pumps will be provided to allow for the system to discharge into the adjacent existing stormwater infrastructure with associated redundancy. Roof drains will be conveyed through the building plumbing system to the proposed vault and surface area drainage will be conveyed to a network of private area inlets, that will carry stormwater to a network of private storm lines integrated conveyed to the vault as well. The Project is also open to working with the Town to provide a structured drainage facility off -site to benefit the Site and potential other users. We welcome these conversations and consideration. F. Parking The Summit will sit on an underground parking garage which extends under most of the site and connects to the existing Avon Center parking entrance. On grade parking will consist of 38 spaces which are located near Avon Center to support the existing commercial. The underground parking will consist of 202 spaces for a total of 240 spaces. Location The Summit - Proposed Number of Spaces Lot B at Grade (Avon Center) 38 Lot B Below Grade Structure Residential 156 TOA Commercial 4 Avon Center 42 Total Proposed on Lot B 240 Source: Grand Peaks WWW.ZEHREN.COM 7 Parking Management Plan While the planned parking supply with the completion of the Lot B Development will be sufficient to accommodate authorized user parking demand, unauthorized users could create times when parking is not available for legitimate users. This Parking Management Plan is necessary so that only authorized owners, guests, tenants, employees, and customers are able to gain access to parking in the Avon Center's "Existing Parking Structure", the New Parking Structure, the New Subsurface Parking Spaces located in the New Parking Structure, and the New Surface Parking Spaces (collectively, the "Managed Parking Spaces"). The objectives of the plan are to: 1. Accommodate authorized users for parking in Managed Parking Spaces; and 2. Establish and maintain efficient use of the Managed Parking Spaces. PLAN STRATEGIES In order to accommodate the distinct types of authorized users of parking in the Managed Parking Spaces, the following strategies will be implemented: 1. Parking Management System: A parking management system will be in place at the entrances to and throughout the Managed Parking Spaces. Access to the Managed Parking Spaces may be by key card, fob, or other means as determined by APLLC with approval of the Avon Center Executive Board. a. Users with authorized access to the Existing Parking Structure will have unrestricted access through the New Parking Structure for the purpose of accessing the Existing Parking Structure. This access will be authorized, monitored, and enforced solely by the Avon Center Executive Board. b. A physical barrier (gate) may also be placed at the entrance and exit to the Existing Parking Structure. This access will be authorized, monitored, managed and enforced solely by the Avon Center Executive Board. c. Authorized users of the Lot B Development will not be permitted to park in the Existing Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking Spaces without the consent of the Avon Center Executive Board. 2. Temporary/Transient Parking Validation: Users who are entering the New Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking for a short time will be required to register their cars with a professional parking management system provider (the "Parking Management Company") using their mobile phone or similar process. a. Appropriate validation times will vary by the type of business and will be set/managed by APLLC in consultation with the individual business owners in Avon Center and general oversight and approval rights reserved to the Avon Center Executive Board. b. Temporary/transient users who are patronizing the Lot B Development will also be required to obtain validation. This oversight will be reserved to the owner of Lot B subject to reasonable caps agreed by APLLC and the Avon Center Executive Board on the number and permitted parking period of temporary/transient users allowed to utilize the New Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking for short term parking while patronizing the Lot B Development. 3. Overnight Parking: Authorized overnight users of the Managed Parking Spaces will include residential unit owners/tenants and guests of residential unit owners/tenants. a. APLLC and the Avon Center Executive Board will work together to endeavor that strategies are in place for parking in the Managed Parking Spaces, especially during "Peak Usage Times", defined to mean major holiday periods and other periods of intensive parking usage which shall not exceed a cumulative total of thirty (30) to forty (40) days per year for all such holiday and other periods of peak usage. b. Strategies may include limits on the number of vehicles that may be parked by any one person, or family, and/or per residential unit during Peak Usage Times and promotion of the Existing Parking Structure as the first/best option for Avon Center owners, tenants and guests. 4. Lot B Development Parking: APLLC will provide the New Subsurface Parking Spaces in the New Parking Structure dedicated to and restricted for the use of Avon Center. APLLC will manage and enforce parking restrictions for New Subsurface Parking Spaces. 5. Avon Center Employee Parking: Avon Center employee parking will only be permitted in the New Surface Parking Spaces and in the Existing Parking Structure on a limited basis while the employee is physically present and working at Avon Center. There is the impression that employee parking has been abused in that employees have been observed in the past parking on Lot B and in the Existing Parking Garage even when they are not scheduled to work at the authorized business, or employees have been observed engaging in the unauthorized transfer of employee parking passes. In the future, employee parking will be managed to ensure that only authorized employees are parking where permitted. a. The Avon Center Executive Board may identify the spaces that are available for employee parking in the New Surface Parking Spaces and the Existing Parking Structure. This will serve to ensure that priority is given to customers of businesses served by the Managed Parking Spaces. b. APLLC and the Avon Center Executive Board will work together to endeavor that strategies are in place for employee parking in the Managed Parking Spaces, especially during Peak Usage Times. 6. Long -Term Parking/Vehicle Storage: No long-term parking or vehicle storage in the New Parking Structure, the New Subsurface Parking Spaces, the New Surface Parking Spaces, C or the Existing Parking Structure will be permitted; provided, however, at the discretion of the Avon Center Executive Board exceptions may be granted at times of low activity or demand. 7. Communication and Discussion Model: In order to establish, promote and maintain an ongoing mutually positive environment between Avon Center and APLLC, a process will be established to identify issues of concern to the parties, explore options for their resolution and come to mutually acceptable agreements to resolve issues raised. OPERATIONAL PLAN For the purpose of fully understanding the operational implications of the above objectives and strategies, the following plans are presented as examples of how the plan may be implemented. APLLC intends to engage at its sole cost and expense the Parking Management Company to design and implement the technological aspects of the parking management system once completed by the Parking Management Company and approved by the Avon Center Executive Board and APLLC. 1. Gated Access: APLLC would determine the best system to accomplish the plan objectives/strategies in consultation with the other parties to the Reciprocal Easement Agreement. Gated Access may be an option but is not required by mutual agreement of APLLC and Avon Center other than any gate or other barrier that the Avon Center Executive Board unilaterally may place or require to be placed by APLLC (a) at the entrance and exit to the Access Ramp during construction of the Lot B Development, and (b) at the entrance and exit to the Existing Parking Structure at all times prior to, during and following completion of construction of the Lot B Development. 2. Validation: APLLC has identified Metropolis Parking Systems (https://www.metropolis. io/) as the designated Parking Management Company for validation, collection and enforcement of the Managed Parking Spaces. APLLC may identify and utilize an alternative Parking Management Company so long as the alternative Parking Management Company can provide validation, collection, and enforcement services in accordance with this Plan. 3. Management: APLLC will provide 24/7 management of parking in the Managed Parking Spaces to assist owners, guests, tenants, employees, and other authorized users who may need assistance regarding access, validation, payment, or other services. 4. Existing Parking Garage Access: Avon Center, at Avon Center's expense, will provide readers and credentials (cards, fobs, or phone APP access) for use by its owners, guests, tenants, employees, and other authorized users. The readers and credentials would allow passage through the New Parking Structure to the Existing Parking Structure. The number of credentials issued would be determined by the Avon Center Executive Board. It is expected that once a credential is used to enter the New Parking Garage and the Existing Parking go] Garage, it cannot be used again until the vehicle using it exits those garages. The Avon Center Executive Board would be solely responsible for the management and distribution of the credentials. 5. Avon Center Employee Parking/Residential Guest Parking: Avon Center business owners and Residential Unit Owners may be required to register their employees/guests through the Parking Management Company's phone APP and web -based system to park in the New Parking Structure, the New Subsurface Parking Spaces, or the New Surface Parking Spaces. 6. Revenue: APLLC will only be able to authorize parking in the applicable Managed Spaces for 1 car for each residential unit located in the Lot B Development without the requirement of paying Avon Center any revenue collected for that use. In all other cases, APLLC will charge its owners, guests, tenants, employees, and other authorized users not less than $40 per night for parking in all other applicable Managed Spaces. The Avon Center Executive Board may choose to charge whatever it determines for its owners, guests, tenants, employees, and other authorized users. All gross parking revenue generated from any of the Managed Parking Spaces, less Parking Management Company fees not greater than fees charged for comparable paid parking operations by other competitor parking management companies, will be the sole property of the Association and paid by the Parking Management Company to the Association quarterly. 7. Problem Resolution: After completion of construction of the Lot B Development, and the implementation of this Parking Management Plan, a Committee shall be formed whose purpose is to jointly address future parking issues that may arise and to potentially adjust the number of the Avon Center's dedicated New Subsurface Parking Spaces in the New Parking Structure. At the sole discretion of the Avon Center Executive Board, the number of the Avon Center's dedicated New Subsurface Parking Spaces in the New Parking Structure could be decreased or increased (never to exceed forty-two (42) New Subsurface Parking Spaces in the New Parking Structure). The released spaces would be added to the revenue generating guest parking spaces in the New Parking Structure. This Committee will include two representatives designated by APLLC or the Lot B Development and two representatives designated by the Avon Center Executive Board. The Committee shall meet at least semiannually and more frequently if needed, to engage in communication and discussion, making a good faith effort to actively solve problems in a timely manner. The process involves twoway meetings with the representatives where each party fully airs its position and each listens to gain insight into the other's reasoning. G. Employee Housing Mitigation The Summit will be required to mitigate 10 employees based on 164 units and the calculations per the Town of Avon Municipal Code 7.20.100. (164 * 0.33 / 1.2 * 0.2 = 9.02) Employees We propose to provide (4) 2 bedroom units @ 120% AMI plus $1,749 in cash as supported by the following calculations: Housing Units: 4 x 2 bd units (972 sf) @ 120% AMI. 4 * 2.25 employees = 9 employees Cash in lieu: (9.02 - 9.0 employees) * $87,438 = $1,749 We intend our employees working onsite would have first priority/eligibility for those units H. Design Standards The Summit is being designed to a Mountain Modern aesthetic that is in keeping with the roots and nature of a Colorado mountain town and at the same time using modern materials. Architectural features and strategies include: • Deep overhangs at main roof eaves • Canopies that frame and protect entrances to the building • Recesses in the main facade that provide architectural relief • Peaked Roof forms • Outdoor Patios and balconies • Tower Elements within the Main Roof • Ground Level Storefront at major pedestrian access points • Integral Planters that incorporate landscaped areas • Public path through the site to connect with the Main Street Mall • A mixture of materials that provide a cohesive architectural style and tone • Articulated roof forms and breaks • Vertical articulated bays that provide rhythm in the facade • Storefront glass along portions of the building facing the Main Street Mall and West Beaver Creek Blvd. Design Materials As presented on the submitted material board, The Summit's design is defined by three primary materials—cementitious architectural panels, stone and stucco. Thoughtfully arranged across the facade, these elements create a composition that is both dynamic and refined, celebrating the building's verticality and enhancing its architectural presence. 12 The color palette, a deliberate blend of cool and warm tones, fosters a sense of balance and harmony along West Beaver Creek Boulevard. In doing so, it not only strengthens the continuity of the streetscape but also weaves The Summit seamlessly into the broader urban fabric, complementing and elevating the character of the surrounding buildings. The Summit aspires to serve as a landmark within the community, and in doing so, we believe it not only meets, but embodies the spirit and intent of the Town of Avon's Design Standards. I. Sustainable Design The Town of Avon requires that all commercial projects comply with the Exterior Energy Offset Program (EEOB). Avon Lot B has 11,878 SF of exterior snowmelt and 288 SF of spa area planned. The proposed approach for offsetting the exterior energy use is to utilize the Avon Heat Recovery Loop to provide heating to the parking garage and offset a minimum of 575,000 kWh per year of energy. The parking garage is 73,000 SF and will be heated to maintain a 50F temperature. 55,000 CFM of exhaust air will be controlled via carbon monoxide detectors in the parking garage. Throughout the design process the project team will be utilizing full building energy modeling to anlayze the energy saved in heating the parking garage with the heat recovery loop. Final energy savings will be provided at permit. J. Exterior Lighting The Summit will have minimal exterior lighting, all lighting will be dark sky compliant and includes lighting for the on grade parking, exterior sconces on decks, and pendant lights at the flat roof near the main entry. Lighting cut sheets and locations are included in the drawing package. 13 K. Snow Storage We are proposing snowmelt on ramps to the garage, the public path and some of the non landscaped areas fronting the path and the building. The on -grade parking lot and area fronting the Main Street Mall will be utilizing snow storage. SNOW MELT DIAGRAM _..... THE SUMMIT APARTMENTS - SCHEMATIC DESIGN /�<s oe xvss Development Bonus and Impacts SNOW REMOVAL AND STORAGE u-ITRa. .-E pp o .MZ � � 6 THE SUMMIT APARTMENTS - SCHEMATIC DESIGN PJV— os.xs zs The Summit will deliver several significant public and civic space enhancements that align with the Town of Avon's goals for the Main Street Mall. The project strengthens pedestrian connectivity, enhances view corridors along the Town's central pedestrian artery, and links future developments into a more cohesive whole. While every project carries some impacts, the benefits of The Summit will far outweigh them. This landmark development will enhance Avon's identity, expand public amenities, and improve access to and from the Main Street Mall. Massing and Height Impact The Summit is designed to rise approximately 100 feet above proposed grade. The existing grade at the site reflects unfinished conditions from the unbuilt Phase 2 of Avon Center, which currently provides Avon Center residents access to their underground garage. The new plan incorporates access to a shared underground parking serving both Avon Center and The Summit, ensuring improved functionality. The Summit, Avon Center, and the proposed Lot 3 will share a unified access point serving both underground parking garages. The building's height has been carefully considered to provide wayfinding at both the pedestrian and roadway scales. Visitors approaching on foot or by vehicle will be naturally guided toward the public path and parking areas that connect directly to the Main Street Mall. I[I The north -easternmost three -bedroom unit was intentionally angled to create a distinct visual marker along West Beaver Creek Boulevard, reinforcing wayfinding not only within Avon but also from 1-70. Pedestrians approaching from West Beaver Creek Boulevard will encounter a warm -toned, inviting entry sequence that draws them into the Main Street Mall. Project Encroachments The Summit's limited encroachments are intentional and designed to foster seamless transitions with adjacent properties while enhancing the public realm. Main Street Mall Balcony and Roof Encroachment The Main Street Mall is being realigned to establish a more direct and engaging connection between Lettuce Shed Lane Plaza and Town Hall Plaza. To activate this corridor, the south wing of The Summit is placed against the rear 10-foot setback, creating a vibrant interface with the pedestrian mall. This setback zone will function as an extension of the public realm, offering space for outdoor activities such as art exhibits, coffee gatherings, and community events. Upper - level balconies extending up to 5 feet into the setback will animate the streetscape, transforming the corridor into a lively civic experience rather than a simple passageway. The building's gabled rooflines, oriented toward both the Main Street Mall and Lettuce Shed Lane Plaza, create a sense of prominence at this key pedestrian intersection. Roof overhangs also extend up to 5 feet into the setback at their most significant point. East Side Setback Roof and On -Grade Parking Encroachment Avon Center and The Summit were originally envisioned as phases of a unified project. Because of this, site setbacks between the two lots do not align with their development rights. Over the existing Avon Center garage entry, Lot B retains both surface and air rights, enabling a coordinated design. Here, The Summit roof encroaches approximately 5 feet into the Town's 7.5-foot setback at its most pronounced point. West Side Access Easement Encroachment Lot 3 and The Summit will share a unified access point serving both underground garages. Due to site constraints —including an on -grade parking lot, a 10-foot-wide public pedestrian linkage, and building width requirements —some encroachments into the west -side access easement are necessary. These include portions of exterior walls, balconies, patios, roof overhangs, and a IN mechanical well that provides fresh air to the underground garage. All elements have been carefully coordinated with the neighboring Lot 3 project and are designed not to impede traffic circulation or site access. Parking Please refer to Section F of the narrative for detailed parking information, including the parking management plan and parking counts. The following summarizes our perspective on parking and our proposed approach, which we hope the Town will consider based on our observations regarding utilization, public transportation, and shared use. We believe the underground parking at Avon Center is currently underutilized, particularly during the summer months. The residents most likely utilize spaces within Lot B, they would now need to park in their assigned spaces in the existing underground garage. Commercial visitors could instead make use of public parking to access restaurants and shops, thereby encouraging greater pedestrian activity along the Main Street Mall. The proposed application includes 38 on -grade spaces and 4 below -grade spaces, which can serve both the commercial uses and the general public. Additionally, nearby public parking —such as those located in front of Town Hall, Lake Street and along West Benchmark Road —could provide supplemental parking during non -business hours. Future expansion of public parking areas, including those envisioned as part of the Sun Road Development, will further enhance access and flexibility. The current transportation center that includes busses with service up and down valley is a short walk away. Local bus route services most of Avon is located off of West Beaver Creek Blvd in front of Lot B and Lot 3. Lastly, by promoting pedestrian and bicycle connectivity throughout Town, this proposal supports the Town's goal of strengthening activity and accessibility along the Main Street Mall. reel 5/6/2022 Sq Ft By Use Notes Lodge at Avon Center - Commericial Use Parking Regs per Avon Municipal Code Section 7,28.020 Parking Spaces Req 13,091 1st and 2nd Floor Professional Office Commericial Use-Office-3 per 1000 sq ft 39.27 5,037 1st Floor Eagle County Offices Municipal Office Municipal-Office-4 per 1,000 sq. ft. 20.14 5,035 1st Floor Commercial General Commercial Uses unless otherwise stated -4 per 1000 sq ft 20.14 3,469 Indoor seating area for Units 127 and 129 are derived from official floor plans. Both Units showed approx. 40% of total square foot area were used for indoor seating area. No plans for Unit 125 exist in Town records; indoor seating area was assessed by measuring 40%of square I Ifootage Restaurant Food and Beverage Services - Restaurant, bars, and taverns -1 per 60 sq ft 12f indoor seating are a- 57.81 5,347 2nd floor Medial/Dental Medicial/Dental-Office-4 per 1,000 sq. k. GFA 21.38 Commercial Total Required 159 # of units Notes Lodge at Avon Center - Residential jUse I Parking Regs per Avon Municipal Code Section 7.28.020 Parking Spaces Req 52 All units are reported to be 3 or more bedrooms I Dwelling -Multifamily 2+bedrooms -2 per unit 104 NA NA Guest Rate Per Table 7.28-2 Guest Parking 7 + 1 per/5 over 25 units 13 Residential Total Required 117 Total Required for Avon Center Uses 276 Adj for 15% Mixed -Use Reductionj 238 Location Not Existing Parking Number of Spaces Lot A at Grade Variety of 15 minute and 2 hour parking 55 Lot A Below Grade Structure 2 ADA spaces 100 Total Existing on Lot A 15s Avon Center on -site Shortfall 83 Source: Town of Avon Inss» Sq Ft By Use Notes The Summit - Commercial luse Parking Rees per Avon Municipal Code Section 7.28.020 Parking Spaces Req 720 Per TOA Foad and Beverage 1 per 60 sq. ft. of indoor seating area. 12 3,500 IGround Floor Commercial along the Pedestrian Mall I.mercial General Commercial Uses unless otherwise stated -4 per 1000 sq ft 14 #of units Notes The Summit - Residential Use Parking Regs per Avon Municipal Code Section 7.28.020 Parking Spaces Req 4 Studio Dwelling -Multifamily 1per unit 4 60 1 Bedroom Dwelling -Multifamily 1.5 per unit 90 78 2 Bedroom Dwelling - Multifamily 2 per unit 156 223Bedroom Dwelling -Multifamily 2per unit 44 NA Guest Rate Per Table 7.28-2 Guest Parking 7+ 1 per/5 over 25 units with a max of 10 10 Residential Total Required 304 Total Required for the Summit Uses 330 Location Notes. The Summit - Proposed Number of Spaces Lot B at Grade (Avon Center) 38 Lot B Below Grade Structure Residential 156 TOA Commercial 4 Avon Center 42 Total Proposed on Lot B 240 The Summit on -site Shortfall 90 End of Narrative Revised - Application for Major Development Plan and Development Bonus for The Summit at Avon Apartments -14 rH� t- Presented by: Zehren and Associctes November 05, 2025 Prepared For Town of Avon Lot B - Avon, Colorado P2 GRAND IG(IItGNANDASSO�OS-LAND,APEAR ARCIIITECRIRE•PLANNiNC•IMERIORS•I�NDBCAPF..UiCIIITECTIIRE PEAKSPO Box 1976. Avon Colored. P (970) 949 0257 --h— — APPROXIMATE LINE OF DISTURBANCE I : : PROPOSED : LOT 3 : 01 i PO ASSOCIATES. INC. Box 1976. Avon REN DCo' Iwatlo P19j9 0949 257 wwwlte en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED GRAND I I . 05.27 1 AREA OF OWNERSHIP DIAGRAM ®/ LOT B PROPERTY AREA= 66,925 SF GRAND PEAKS OWNS =66,656 SF PROPOSED LOT 3q FF TOWN OF AVON OWNS = / „•.� ti� 11,468 SF LODGE AT AVON CENTER OWNS= 6,006 SF AVON TOWN MALL ` f` mw N �' t / I� , C LOT 3 OWNS= 7,847 SF i PA GSPOTS �.:�.; ` '\` •..wm swum\ .. w•. \ PROPOSED Nl- \\`�./lp\ .nor nwrwu.. „ / •sP !1 , LODGE AT AVON CENTER \ : � xx auw. �,� ..r. as \ �\ rrssr s• � - •`q wcn m� wr. xxx. I \F� u.. r.. `` ♦ � ' t sums t ' �z t s: - D ASSOCIATES. INC. 7on'P19-LANDSCAPE 25PO ARCHITECTURE- 96. Avon j9097 -ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED C]a)s!•nrn.vtlaaan•i[n, h, 2 PI PEAK1 1.05.25 APPROXIMATE AREA OF THE SUMMIT AVON TOWN HALL ZEHREN AND ASSOCIATES. INC. ARCHITECTTURE • PLANNING • INIERIORS -LANDSCAPE ARCHITECTURE PO Box 1976. Avon Col —do P. 1970) 949 0257 w zenren.com 0 20217en— Avana_- LOT B PROPERTY AREA= r i 66,925 SF L GRAND PEAKS OWN AND LODGE AT AVON OWNED - THE SUMMIT=78,662 SF THE SUMMIT AREA OF r mi DISTURBANCE= 78,662 L J Grand Peaks and Lodge at Avon owned areas (highlighted in yellow) will only be calculated for lot coverage, snowmelt, snow removal, and irrigation. This is the designed area for The Summit 1 / ' LODGE AT AVON CENTER r r I f �lip Wrl r 4 \ t THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P1 G 3 PEAKS 1 1 .05.25 ILLUSTRATIVE SITE PLAN e/ / `, PROPOSED LOT 3 AVON TOWN HALL /r r \� > 1 SCALE 1'•2e D 10, lar �f i ` r ,o / ✓_ �J4 � X .. xr ws.ra� _ f PROPOSED BUILDING �'•• \ n. tie. .- �� i\ �ka•9 r � ` ate. -�'.. ; %�• 4 C) 38 PARKING SPOTS " \LODGE AT AVON CENTER � _ __—rvwrtew.l uev THE SUMMIT PLANTING PLAN SCHEDULE Tree] O A4lu•. 9p..q 9_1 Spay Srlow Crabeppl. an 2 2 2.5' as +s1pe slam slrvwl O Mr. t.,� 'nx Wy; Ha Wmp• Tarnan Ala s 2.5• al os sh— sapl• den O Pt 01.1-4-1 0-kung ASpM 5 2.5" as sn6N ibm oW al l PeeA P..l9.^' 'DAb1 f9•. B tie 6 E M. shown Ohl uL.' \ Irr Ame:ul.Te. S ry 8 590 V_ Arctic Fr• Dopwmo I1 5pal Vanes A,Tt F.- cwt,eekcu c­ BaWy R 7 5 Vrlas 8„ DpR�w6 Eac EPay— A t- •c_pAd_ Dwarf Bump BIM 3 5 ow Vsrrs ........... Jc ,Pti�p J. 1 Sod V_ .���.. \ Ral AJP+FTMru"nr1 7 59s Vanes \ R Rana 'NUrvy N'Jd Nearly Wild Rase 12 59. Vary ORw Po. rods. Wopes'Rase 12 5pa1 Vanes .,.,...,r„ So Sln S'rG.r p1Apu.r., Away. tt 5,101 . Vacs OalamenlRl C,ra95*s O89 ar.v Bwtelo,, ynxAn. cam... B4s Grarlla G� on 37 ss. 1 pall Vans ' .�..^ Feather Rae6 LyU GX «. 4A>•.. Gross 16 5 psl_ V� -.•—..—+ 1''•,CCL��.� �l r �� (,yrJ Fp P1.4•n Blue F•soue 37 +9WV— H- mA—�, Bk- Gras 32 Perennials ly s.. slwvn eun I`r•+rnnx 2 UZ SF Igo 1.1211 15 OC I _ nsay W 1s.. ylwer M+wrulLN] 601 SF is. 270 15' OC Graundwvw re...mr.n. 50%Low prow Ma i Dar Arlanosa Valey Nana 5•ea 5.9]t SF 50% Rocky AMn. 1000 d $etd _ Wsdbwa hYx ,e aaa 1 REMOVED EXISTING TREES 20 TREES esesaakaeai✓// • PRESERVED EXISTING TREES- 1S TREES MATERIAL HATCHES ASPHALT PAVING- 13,-3 SF �I STANDARO'GMrCONCRETE lul SLAB ON GRADE - 1, 670 SF a CONCRETE UNIT PAVERS. PAVESTONE PLAZA STONE SERIES. - 16, 135 SF CONCRETE UNIT PAVERS. PAVESTONE PLAZA STONE SERIES. e're .W6 STAMPED CONCRETE HOT TUB DECX COLOR ❑ *S FALL BRIDGE G1L FALL BRIDGE PUNT WALNUT caoR. 1 oss SF NUT Sv-T TIC TURF . 97Z SF RIVER ROCK - 630 SF DECOMTNE PARASOLEIL PERFORATED SCREENS (3W) - 154 LF sime — THE SUAKIIT AREA 111111111 CRO-1-1 ZEHREN AND ASSOCIATES. INC. ARCHIfFCTURF • PLANNING • INIERIORS •LANDSCAPE ARCHItECTURE PO Box 1976. Avon Colorado P. 1970) 949 0257 www.[ehren.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED . G RAN D PEAKS 1 1 .05.25 LANDSCA PE PLAN REMOVED EXISTING TREES- 20 TREES 1 PRESERVED EXISTING TREES- 15 TREES SCALE 1'2B THE SUMMIT PLANTING PLAN SCHEDULE Trees O ky a—s a�Nttw SWft� @POO o. NI1Y 2 Nt. w ILkgIL ILYn . aBow O doer wna.m tYeN W"ye' Hot VFhOa Tawnen < 2.5' ed. w Ytawrl rilp4 "K, O R hrmY 5 25 - ainda tlm am. a11vAn HpunlAu °"` ° let IIIIO 11 Shrubs �} Atr nVrlrLartd.M: b.U. SuYKaegIiKnbrry 5 Syr Va1iw Regent' O}rAwae.uem Cor Mn A // 6pal Vanes "".Swr":e^' SlrcGcAm.ow H �-W� +Cab Go Nlm—jr<� Belay 7 5 Vanes .��. DogAood Fx G o^ nw atahre Dvwrf� 3 $ ia Vw ""w.ww.... Y.onmuctPs' �[�, Jc Camrwn O} RW P51— Xp— CA0ift tl 7 5 Vwies }� W � 12 5 . voles OF Rw Rona --A .r Woods' Row 12 5 pal — 1-- so 1� 15 6 VAriw "" �...�...w. 5 ® Spn --W. rwu Ardlc vab. II 5 Vris ""r�wnwt 0--nuil Grasses O — 8cutefo g —J. o. — Bk» Grams Grass 37 I ga Vria ...w...-. ® C.aNanlsy�ter Fwttwr Rand 75 5 g l �-w^ 7CILr1 farafd G— ® Fq /eabraa ylauvr:a BMa Fwtwa 37 1 VC V&W ONeAottotncheA � aorpavrnon a. A— Gran � Spld. VN1Iiw � mow.... Percnniah L'a.m.N.. mn. r arr 19. a.nTaim P01tnd NYC 2.3R SF Lod •12 IF= ___ Ute 9ltq, BD1S idw 270 1SOC Grant caw Cs�nw1N� 50%L.Ow kE( itbw kkwwn VaMy Naha Seed 5,9015 ROC1q 1000 f1 sod PERENNIAL PLANT LIST: SHADY PERENNIAL PLANT LIST: BOTANICAL WIDE COMMIONNA! pTANty1L IMkt i ce€ Ali— /r�1+�(+ BLUE FORRIF HIAMING BWm "NT bsweun �a,� MONKSHOCKr Mum.Aatucree Aa1Ve Pm"Ser.Mm A�l(u1e INI LEWLADYSMANTLE A—w AwueMa4..P COLORADO YARROW Aranc nXA.•W SEPTCNl*RCPJ" VANIIFION Ax— rose+5r.q a AIK Say* Ma mdll, dI A.I..e✓F mza GOATS BEAM A uueNr� ReaNdLILew MCox— .l e+er �freu AUGUST LIGHT FALSE, SRREA A.Fnieju NTXe Srar VAWv St. CaNrOrr A. Yx rpMda DEUTSCMAND' Oe¢tr..mn. Pxr6c Gwa G4NIAOLARKSPUR B-1— HEART EAT SAXIFRAGE c arrm ROZAN NE CRANESBILL tacrran � -erw aw BLACK KNIGHT'LARKS GeNe cluxnAe LADYSTRAIIEDEN Orc++vi.— Gi IAD LARKSPUR nncyve n.eAca<eI an Sw TUSCANSLNFLOWER PToptens Aa ma ROBUSTA' MALE FERN (eucalKnemxn+mycfvm. SHASIA DAISY r4+eeera F.— SANDIA MTN CORAL DELLS (xnF apr�et xauda GAYFEATHER nnan Irytrp FRANCES WILLAMIS'HOSTA (I.ynmu I'e4')°r7a✓a RUSSEL MIX LUPINE Ihfea nyfM El EfANSH TA McmwNa JdjrN Pan1rl Ay C . REO BEE BALM Ib.ta rILMd 'GUACAMOLE' HOVA Yarernmal estop. FIRECRACKER PENSTEMON Haeta Ayfvra 'SUMAND SUBSTANCFIKISTA Peretems ROCKY MOUNTAIN PENSTEMON c-!I ra Ymr.MelMrw ITIE ROCKS I'LEOPARDPLMNI R.vA.eeLa AAgw GOLDSTRW BLACK EYED SUSAN iAaWYnm. 2rneMmvum WAOLrva NUE F.w.v owomu WOODLAND SAGE ;'xoem nynnea DA22I.EBEIMY STONECROP -Vj ASSOCIATES INC. �Ps �976.AonDCONwadoP,j90)949257W zehre�E.com THE SUMMIT APARTMENTS — PLANNING AND ZONING — REVISED C Ld]M /eNm.vN Avanalea. �. ' GRAND PEAKS 1 1 .05.25 THE SUMMIT - SITE COVERAGE DIAGRAM ti �Sl • X eF9 r-, LOT B PROPERTY AREA= 66,925 SF `. .- J THE SUMMIT AREA OF DISTURBANCE= r 7 78,662 SF L BUILDING FOOTPRINT AREA= 28,578 SF= 36.5% OF THE SUMMIT AREA 1k N .7` c) , IMPERVIOUS AREA= 32,918 SF= 41.8% ��. OF THE SUMMIT AREA TOTAL IMPERVIOUS AREA= 61,496 SF= 78.2% OF THE SUMMIT AREA LANDSCAPE AREA= 17,166 SF = 21.8 % OF THE SUMMIT AREA TOTAL PAVED AREA (HEATED AND UNHEATED)= 31,428 SF= 39.95% OF THE SUMMIT AREA 7.20.080- MIXED -USE AND COMMERCIAL DISTRICT PURPOSE STATEMENTS T°ble 7.70 13 0,mmn n,, arr in•nr Ceruer Vi '." m 401, Lot 1r17 Wn loi Max, Lot Mn. Mln. Fn-i Mln. 54l, to, Rrar Mal. Budding lames or w IWO Courage L.,dw pe Sr,b-h Se bo k Srfberk H q rhi If-o R.l !leer! i°i/ . _ft Owl (m., ;f"t; i a i,,., "A 10 Oil 41 ,G) Ur3 \ �Y SUEE—� B 70' IO• 40' REN ASSOCIATES. INC. gpµP19925lPox1976.Aoolado j90) a97 wteen.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED 20211 m.>,„, l- ar . G RAN D PEAKS 1 1 .05.25 APPROXIMATE LODGE AT AVON SITE COVERAGE DIAGRAM � M �M»IniN 1111eIM War 0 aWWIf MPIO w.1 1� 1 NRY* � \ w.. �Ls•E As V pro`. ZEHREN AND ASSOCIATES, INC. LARCWRCfUIM-PIANMNG-NUMM-tAN06CAPEAKHalC1URt PO Sox 1976, Avon Colmodo P. )970) 949-0937 www.xaMan.00m 076963Mn�epA�WYn. MC IY7 S orftLODGE AT AVON CENTER AREA ON THE SUMMIT= 6,006 SF= 13.1 % OF LODGE AT AVON OWNED LOT APPROXIMATE LODGE AT AOVN BUILDING AREA= 31,792 SF= 69.5% OF LODGE AT AVON AREA APPROXIMATE HARDSCAPE AREA AT LODGE AT AVON= 8,857.4 SF= 19.4% APPROXIMATE TOTAL IMPERVIOUS AREA= 40,650 SF=88.9 % OF THE LODGE AT AVON AREA w APPROXIMATE LANDSCAPE AREA= 5,073.6 SF= 11.9 % OF THE LODGE AT AVON AREA THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED 7 PEAKS 1 1 .05.25 TOWN OF AVON -SITE COVERAGE DIAGRAM LOT B PROPERTY AREA= 66,925 SF r 7 L J r 7 THE SUMMIT AREA OF DISTURBANCE= 78,662 L J TOWN OF AVON OWNS= 11,468 SF TOTAL IMPERVIOUS AREA= 9,293 SF=81% OF THE TOWN OF AVON AREA LANDSCAPE AREA= 2,175 SF= 18.9% OF THE TOWN OF AVON AREA � PO Box 1976. Avon REN DCoolmatlo P19j9 0949 257 ww — en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED ASSOCIATES. INC.'R'AN � 1 1.05 .25 C ]a)f fenm.vtl aawaai.n, .fc THE SUMMIT - SNOW MELT DIAGRAM LOT B PROPERTY AREA= 66,925 SF 9 PROPOSED LOT 3 THE SUMMIT AREA OF DISTURBANCE= %y L J i `se 78,662 :: Wr � ' •' � � GRAND PEAKS OWNED PAVED AREA (HEATED)= 5,127 SF= 6.5% OF THE SUMMIT AREA ...nO TOWN OF AVON N/S WALKWAY PAVED AREA (HEATED)= 4,172 SF= 5.3% OF THE ,.,". ...,,,..wR:l AVON TOWN HALL .;,A�' �!����' x >n � SUMMIT AREA _ . /" 38 PRICING $POTS / '� mac • " \ �/ ' " . THE SUMMIT PAVED AREAAND WALKWAY ,.•"°j/ / �,,, _ '" `\ (HEATED) = 9,299 SF= 11.8% OF THE SUMMITAREA � /� f' / , PROPOSED I BUILDING �� `� \• �� SHARED DRIVEWAY (HEATED) = 3,699 SF= ��- LODGE ATAVONCENTER 4.7% OF THE SUMMIT AREA r \ TOTAL PAVED AREA (HEATED)= 12,998 SF= \\� •__• _ __________ 16.5% OF THE SUMMIT AREA 15.27.050-EXTERIOR ENERGY USE REQUIREMENTS AND CREDITS IC) Snoltarv" n,All : T"s1.., - •win, .�, Tnefi,l I005qu. n•4N of snnwrtco ace excr,_u'In n.. . , ��.,, �. ..,ru,n ;.. 1. The maximum area of srldva tYM is capped at6.000 sdwre feet Per pane: 2 R.15 rnstlloopr= shall be installed under all areas to be lhow"veged. 3 Aufomated controls that have the follpMng capabilities a. Limit oWanontoonlywhen rmistureis present:. b. Ltma aperarton to wnm the outdoor au f emperafwe rs txtvreen 20 and ul tlegrees F. c Be configured to shut the system off when the surface temperature is above 50 degrees F_ and d (citing %hull only be permitted for commercial applications where public safety Is shown to be a factor. a 1 -- 0 10' 20' JO' REN ND ASSOCIATES. INC ARHITECvUf76. ALANNI'von Iwatlo KAtS OU9a9C"7 wCHIIE en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED PO C]a)%len--avan - - 9 P1 PEAKS 1 1 .05.25 THE SUMMIT -SNOW REMOVAL AND STORAGE DIAGRAM LOT B PROPERTY AREA= 66,925 SF r i L J THE SUMMIT AREA OF DISTURBANCE= r 7 78,662 L J LOT B PAVED AREA (UNHEATED)= 18.430 SF= 23.4% OF THE SUMMIT AREA SNOW STORAGE= 4,289 SF= 23.2% OF UNHEATED PAVED AREA 7.28.020- PARKING AND LOADING Itl SIIOW men.aaal and 5tdrage. NI ues must atlequateIy rna We ~ m ute o,cvdln4 to the fo#~g mmrmum vquct nm (s) An area equal ro twenty pmcenr (.20*) of IN WWl mpen Wr wrtacetl bed d :hr sore oMn wfhcr above Fwad Cnnarnl[tlm d m[ mcur. sham w des1wed and drsrloped ,n a vsow storage area (2) De9gnaled snow tl0age areas S1WI he I—ted Ord aevetcped la 1 — al operalimo. mt kss ttun fwe 15) l i wale and %hat be adlrnnl to the lmpermeaolc Al- Imm vm0i me snow, to ke rem—d. Id) muff from~ starap areas shallmn" to Seaton 7.jL 9. 54annwater D.xnnge. 14) Orvme Hlow Sfoadgr reNxremen[s n y to warvra by pro *own Efrpneer upon the demonsl—on that an approp+ate alremanye snow aprage srte 1s avallaple and 0'41 drrangem m lla'R seen nude for thecontW i-olvmremoval"cilLwestorage 15) Fuavatwn retanirlg wain.,ocher srnK[—Wi[hln-pemante—andkWwamage narnentsagacenlropuWk rghts of way mue be apPraurd ey[he T-- ErV— No "W Swage shall a pwmcwd atop rctainngwalls 16) SftW n7lage arvas shall he lepwated from antl snail not vaerly er encroach t,pon pedmffitn walkways or viowalks. a SGUF I Aail oT o ZEHREN PO Box 19ASSOCIATES. INC. 76. Avon DCor lwatlo P19j9 0) 949257 wwwlte ren.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P� > 1.05.25 o]a)slenm.vtlavanal.a, me IRRIGATION LEGEND THE SUMMIT -IRRIGATION DIAGRAM AVON TOWN HALL LODGE AT AVON CENTER '.I I I vl', cuss 300 RVC � FalIaCONNFf.T10FI.mTMMr ,NHIINL I CLASS CO %-MCM SRE IRFIESS OT•EAIN WISE WDICATm n1I RAL PIP t05!{WlCLLh ClA83 t00 PVC 1 INCH SQE IIIRFfS fTIEAMSF INOCATm --- 4AIPR{IO IIRFkMH TIItti CusSlm PV[ 1-.I, NCH 52F IAVAESS OT`IFRWISF IMRCATED O IM Wf DAB IU01NG RNY BM 165-Mt) MRM RAIMPIRD COc pl W.INE NEI.OER O C ff11 EARITFRS. I Z- EMIITFR SPAtlNG, 1 T ROW SPACING -�- uM:oNNFnm Pvf cRDsaNc at-vt CCNTROR vmw ASSELIBI.Y-SPCNNLER LAIT- RAN MDB91V1A 1� P9 PLAN) Nl IW-SOL fOlBfgO ® NAA01F cm,-I-vN v!A-- RIIRI MDXCt�l00�rvM —IVM SIX SWENOID gIRCR CgIP Rx VALW A5.4MMY RAM BBM SRC H IfaR AIXN OAff VALVE 4SSFMIRY WTCO SIA © n omisrusm AS4MBlY RAMMDUIS100WNINMSEN ® WATEP METEN AND C A3 STOP AWIIABI V —TO—STANDARDS m BACIa lOr1 PRVEMTI[R. A55FNBIY P OB)SYAILAI M/STEP YAVE ASBCMBIr RAN MDP01VM It -I wrrvM-SOL SOLLNOID Fl UsII CAP ASSFMMYMRH CWPIWNCAIOP _ IN ""CONTROI.I.EA—STAT10N IFS N11MDER A LAURAL gSCI A (GII WDKfAusVALVE SNL(.N M — PlgfAiFS I.MINSU'LIN AP{ICIgN - O IItlM".AtgN CONIRq LEY 1MrT . � I H RfY CIIl CMTI-fiE fYll Bm EIUINYisw183 If MAIHFR SNSOH NADF BWD—PAW I—E SEMSIW ® fA DINGMfDSURCEAfQILS1ORAS ffil RAIN BIRD IVM-sD 1 fRt—Lo ASSLLAMY lWO(tf 11AN BMO lE01 YUYBLFRs ONE SBPM FIUW (I:PM( 036 P61 MAtE1L B.EB P6I ABSOiIY '03XRCABIF FIRM MMU (MaD)W1TH MItMNf, CPOTICIGN PAIGF P]AORI 000POPLPROTATIM SPRAM -LP NONfERPROS-M PRSYPCV WRAP1000 fpZrLES PN551AR �Pf RACRS CKET T015 FEFI Ilawlu{AI Molt 40.t3 OO.M O 0 ©� w RDutIHc sPRAX sTNw1%LFR NRRIIFA Pans-a.PRswcv wnszooR NDzufs ILLOW IGP II -(GP ADM RALR61XIiET TOn FFEf Lf( R— 6110 ■-I Y P'OP-W ROTA— SPRAX SPf — F R NUMER PROS-06PRSAO-CV W/WJ000 NOZSLFS PBssXR s P61 RUArs a rTrr ro Io cEET Flaw (La•M(■-1Q ran Aa6E Qe®PaP-11P ROTATNG $MUY SNIINRI I N HUNTER PROS-06PRSAD-CV WMPSTNP NOILFS PRS•.UN MPRI PACBS AeRISTABLFXRuIGLIlaN 9PWv FIOW (CFMt RT-T1llli.a LC$/1[m-EiITa.M —�—Ipl:(:AtION CONHiLR W Pf [ IN CiW Olni ON IW IH WAWIA:. IAI{ CONSTRUCTION NOTES THE -1-TNW SYBTEN PONT--- (POC) St1AL. BE DOWNSTREAM Of THE RICFOATION WATER TAP AND METER IMSTYIm BY OTHERS AT THE APPIIOIOWTE—TION SHOWN INSIDE THE PAFIUNG LEV6 I WATLRMETERIMSNANICJLROOIA INSTALLBACI(FLOW NIiVMITMIN MT ANO MASTER VALVE ASSEMBLY AS. —A- VFbfY EXACT LOCAT-Of POC WHII0-1 REPRFSFNTAT- OWALL Mg11R 1HF wlxrrlw CONTROLLER AT IMF APPROXIMATE LOGTION SW WN NSOE 1K PAitpNO lEVE1 1 WATER MfTEROLL THn4tO COW IDINATENTATN''t CPOWER TO THE CONTNOO IAIST WITH THE I MEATS RmiRES[NTATNF CARE SHOIRD BE TAME$ TO WSTALLTMf RRNwITMN CONTROLLER RNA IOC TRON THAT IS ACCESS-[ PoR MAR/TFIIANCf [Mull IOCTgN TO BE APPROVm Br owruxs REPRESfNTAmE Oi 1NIMArnN v1owN Derr rN LAroscAPED u+u FOR cwnrr am RFTALL IRAIGATRIN COAPONMITS MTN W IANJSCAPFD AREA n�COORDINATE WITN I.MI CONTRACTOR 1114' SCII EO PVC —14LIW ANO V CONOUR c0R)-MRE PATH fAOM PAP%NG LEVEL 1 WATER METERARCHANICAL ROtal TO EXTERIOii CONCEPTUAL IRRIGATION LEGEND rD BI IwRIGAH o 119N.IM W k L wI H R DRIIIlswc M HI cla cX vAl vts 4 06 GPIFW rtF0. AT 1: ...O AP-1 N1FP f11BRIG PVWS SPAd D 17INCHES MRT NAiM 1101011 TO BE IIINIGARD WRIl61iRYl PUPUP ROIORSWII H PRESSWN NGIMiION 111 ANU I:H(CN VN Vf S ' SPRRROERs TO BE SPAC®IF TO 120t Of TI[1R RADNs OF TIaN/W NORTH Hines Inc U n M�EWATERENOINE^RINGSERV.CES 11 GRAPHIC SCE IN FEEL ND RIVERSIDE AVE. suITE 1W HREN L �Rx1976.AvonDCo�utl P.(90)99257rCv—zo en..com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P� > > .05.25 eto7z rWNWTwa..PPM.Y, RA THE SUMMIT - HYDROZONES WATER USE (CATION TABLE VON 0WP _., IIrvo- (01110116PIT Allo . SPRAY IR18Emn LX&A3Pe (911ors)pe 1000 SOR 0 DRIP 111.93EG Ar® (sq.R) C Alate, Ilse ICaIIOIEsI 0 SPRAY 0ripe0 La XS=e A— (zl•R) _ 0 Imams USE (G1110rts) 0 0 0 3111111) 0 0 ON 23,172 6242 0 10019 O;S30 0 0 L 0 0 0 0 0 0 A C ash 0 0 0 D 0 0 0 0 82FSK D 0 �I 0 0 0 0 0 Il Dm per season) 62,539 23,172 IS per season) R) 18,117 R) 78,082 1.7 /_EHREN AND ASSOCIATES. INC. ARCHITECTURE • PLANNING • INTERIORS -LANDSCAPE ARCHITECTURE PO Box 1976. Avon CoIcHado P. 1970) 949 0257 WWw.Eenren.com 026217Mr —Avon _ - ESTIMATED ANNUAL WATER USE THEIR—ATHON SYSTEMAS WO—ONTHISPUNNASANESTIMATEDI WATER USE OF 123,281 GALLONS TO VEENEY EFTCIENT IRRIWT10N SvS, OPERATION. THE OWNER SHALL COYPARF TH U ESTIMATED IRRIGATION I USE WITH ACTUAL WATER USE. AS RECORDED ON SITE- AFTER ALL PLANT TK ESTIMATED ANNUAL RNWTgN W.T. -1 OF THIS SYSTEM IS RASED ON SO -YEARS AVERAGE EVAPOTRANSNRATION RAZES (M FOR TNF LOCAL AREA AND TV'PDAL NEW IRRIGATION SYSTEM IQUE—MT FIFWNI C l NAROR OF THE OWNER AND CURRIE IARICATRN MAINTENANCE COMPANY AT THE TIME O THE DEVIATION TO VERIY UFWIENT IRRIGATION SYSTEM OPEpIL ANO WATER USE AN IRRIWTNN SVSTFY fVALWTgM AND AWN SHOULD BE PFAFdIMED IRRIGATION SYSTEM DESIGN PARAMETERS THE FACTORS IN THE TABLE BELOW WERE UTK (ZED IN THE IRRIGATION SYSTEM DESRM TO DETERMINE TAP CAPACRY REOUwEMFNTS AND MNMLINE T1II AND ARF AU A AVAKABLL TO GUIDE DECISIONS ON THE SYSTEM OPERATION BY THE CONTRACTOR. NIATPLF ZONES WILLBEREWIRED TOOPFRAIE AT THE SAME TIME UP TO A COMNNFO TOTAL EQUAL TO TIE MINIMUM ROW REQUIRED AT FREE POC WfEN ZONE SRES AN LON6WE THAN THE MINIMUM FLOBEpRgm AT TEE POE, MIABRum 5TATIG PRFSWIR4 70 PM RFEAUREMENT AT POC MINIMUNARE VREOUIR"AT E.DIPY OOC MIKIMUMFLOWATFURIEEST 10 CAI POINTS OF THE SYSTEM I OTAL INN6AEI= DAYS PER 3DAYS WEEK WATERYONDOWPEiEDAY ERRS PROJECT TOTALS TotiI,i Effective IRRIGATED ACRES P­ 04 locution OE GALLONSIYFAR 128281 128281 ACRE FEETNEAR 0• OA PEAK SEASON GPM J 2 4 2 REQUIREMENT GPM 50 so CONCEPTUAL IRRIGATION LEGEND N NN_ IO OF IRRIGAI IO UGNG 11, W I I III I I R LHIV I i �1I , WIIn CHECK VALVES 06GPI EMIR I[R Ai 12 NC11ES ON CiN1lR r11BING NNYS SPA- D 12IN(:HI S AL-1 �^I In BEE RI1A1 NIJI PnP UWI 01O WIIN 61'NOIORS IN MRi M41PRESAAilON ANI1.11 E,K TVN VFS SPRIMITER LfRS TO BF SPACED 1P TO I O THEIR RADRE GF TNRON NATIVE SEEDING IRRIGATION SDINNKlfRS IOCATFD IN NATIVE SEEDED AREAS WILL BE SPACED AT 110.120% OE T1EIR pADllS OF THROW TNIS PROVIDES ADEQW IF COVERAGE FOR SEED GERMENAilON AND ESTABLISHMENT WHILE REDUCING THE NUMBER OF SPFIRRILERS REQUIRED AM SAVING COST INSTALLATION GENERAL NOTES I THE SYSTEM DESIGN ASSUMES A MINIMUM DYNAMIC PRESSURE FOR THE IRPIGATION SYSTEM O ]0 PSI, AT A DESIGN FLOW O 10 GPM AT THE YA NCH MINCATION PONTOf-CONNECTION IPOC) TAP, METER EAETLROW PREVE RMEL MASTER VALVE AND ROW METER SHALL BE SIZED ASINEEATEDINTEREDRAWNGLEQENO VERNYPRESSUREANDROWON SITE PRIOR TO CMSTAIICTgM READ TNOROUOIY AND BECOME FAMILIAR WITH TNF SPECIFICATIUHIS AND INSTALLATIOF DETAAS FOR TENS AND RELATED WORK PRIOR TO COFSTRIUCTION. [DOItONATE URITY LOCATES r_ BEFORE YOU —I OE LINORGRWIO UTILITIES NUOR TO CONSTRUCTION A DONE, PROC®WISH T4IF INSTAWTIOM Ot TNF IRpIOATgN SYSTEM WHEN T IS-1-5IN TRC MELD TIUT-STRUCrM1N5 OR.— Exlfn ICES Orl I THAT MRSE T HOT HUVF BEEN CONSHBERFD N THE ENGNEEARNG N DISCREPANK-S N CONSTRUCTION OTARS, LEGEND, MOTES, OR SPECi1CATIOHIS ARE —FREE, BANG ALL SUCH OBSTR 1100 S OR IXSCREPAN I TO THE ATTENTION O TIE OWNERS REPRESENTATRE TIAFONAWINGSAREDUGRAYMAk— THEREFORE-IFOLLOWINGSHOULD BE NOTED A ALTHOUGH IRRIGATION COMPONENTS MAY K SHOWN OUTSIDE PLANTING AREAS FOR CLARITY, INSTALL NRIGATION PIP: AND WINING IN LAMDSCAPED AREAS WHENEVER POSSIBLE B TREE AND SHRUB L TIONS AS SHOWN ON LANDSCAPE PLANS TAKE PECEDODE OVER PRDA EOU1—LO:ATIONS AVOID CONRICTS BETWEEN THE IRNGAIIDM SYSTEM, RANTING MATEAHILS. AND ARCSOTECTURLL FEATRIFS C USF ONLY STANDARD TEES AND ELBOW TTTNGS USF OF TEES N TIIF EHAIHOSE CONFIGURATION OR USE Of CROSS TYPE FITTINGS ES MOT ALLOWED E PROVING THE FOLLOWING COMPONENTS TO THE OWNER FREDR TO THE DO.EEETION OF IHE PRO.ECT A Tw0(2)OPERATINGKEYSFOIIE KCH OFMANUALLYOPERATED VALVES ■ 1wD 11)O EACH SFAVEWG WRFNE:H OR rOd NEEDED FOR COMPLETE ACCESS, ADJUSTMENT. AMR REPAIR OF ALL ROTARY SPRINKLERS Z SELECT N RII FOR SPRAY AND ROTARY SPRINKLERS WITH ARCS BEENcH PROVHE COMP-FTE AMR ADEQUATE COVERAGE WITH MINIMUM OvERSPRAY FOR THE 9TF COMOTIONS CMAFTUtLY ADJUST THE RATRUS OF THROW AND O COVF.RAGF OF EACH ROTARY SPRINKLER TO ProVIDE THE BEST RERLOAMANCE. E THE RRNATOM —TOR.. RESPONSIME FOR THE INSTALLATION OF IRRIGATION SLFFVwG SLEEVES ARE REOVIRFD FOR WIN PPING AND EnE DEAL WRING AT EACH HAROSCARE—SRNG EOORINATE IMSiAIlATIOIO 3Lt RILTNO—Ill— ANY11P 14.1n WHICH PASSES REQUIR H EASTONi DORM WHERE SLEENNG WAS MOT INSTALLED WILL REOLRRF I SNALLIN BORING BY THE IRRIGATION N CONTRACTOR PPE SLEEVES SHALL BE SIIED TVICE THE NOMMK SRE O TIE PIPE IASSNIG TIIROUGH E INSTALL ALL ELERT A POWER TO THE IRRICATION CONTRO SYSTEM IN ACCORDANCE (DASD( THE NATMNAL ELECTRIC CODE AND KL MPLKABLE LOLL ELECTRIC UT6RM1 CODES TO THE FOLLOYING SHOULD BE NOTED REGARDING PPE SIZNLG IF A SECTION O UMSQm PPF E LOCATED BLTWEEN TWO IDEN—ALLY SIZED SE -IONS, THE ULS® PPE IS THE SIRE NOMINAL S4 AS THE TWO MnD GECTIOMS. TIE UE®PPE ENDUED NOT BE CONNSED WRN TIE OETAUT PIPE SFZE MOTm M TIE LEOFMO Il VALVE—WOETOBEFI4WGTWOCOFNUCTORCABLFS11— [RQICOMAOUEIITOALLVALVES INSTALL A SEPARATE WIRE PATH TO EACH DEAD -FM OF WRKINF INSTALL ONE III ItF AYFG TWO -WIRE PAN ON TWO —WIRE SYSTEMS FOR USE AS SPARES INSTALL SP RE WIRES FROM CONrRIKIER -TERN TO EACH DEAD END OF MANURE cGl T FFET OF PARE N VALVE 00. I2. IRRIOATION CONTRACTOR TO INSTALL —GE DECOEA CABIF FUSE DEv-S WRI AT ALL DECODER CARE DIRECTIONAL SPLITS ArDIOR CHANGES INSTALL ALL SPUMES WRHw A 10' VMLVF ROI IRRIGATION LEGEND . _1 RfEVFS CLA55300 PVC POINT OT G)NHI G 1IIN AS-G MO I MARWNE PP CLASS 2O0 PVC K-INCH fQE MIKES OTHERWISE INDICATED —LAI4Mt PIPE TU GYaNKl tali CLASS 200 PVC 1-IIK:fI 512E LNlE95 OTIBIrt14IMOCATm I AI FLU, PPF 10 iINE HMII4M� C1A55200 PVC 1-IMCNSoX_,,IOTMxA SE1HPDATED LJ III IRA FIND IU.— MIN INRD xFS06-12 WITH RAWBRO xQF DRR L -HEADER 0 6 GPH EMRTEPS, I Y E.1—SPACING, I i RDIV SEALING -�- IPK:DNNEr.If D P1Pf INYrsvKP; e OTMOI E CON I BELL VAL VE ASSE MN V FOR SPRINKL F R I A I I-S RAM RIND POVM (MINED P18t EDAM wl IVY-SOl S0UF ® RfMOT(1ANTROIL ORW VN VI Aa'SfHDt V RMN BRO xC2-1OO IVM WfTH MF-SO SOFNOI. ® OIRCK DWIv LNG. VAI Yk ASV MN V RAIN BRED SRC H IGIIANON GA I4 VAI Vl A`Ltil MHIV LIMI- 1A (n I IOWSENSTRASSIANLY—RIRDUFS100WM1KMESOI IR WATER METER ANDL'LRO STOPASSEMBLV MTOWNSTAMDARDS m DA1,01OW—VINTIONAII-11 FFEI.'Of2SI'AW4) ID MASTIR VALVE ASSEMBLY RAIN EM PES1VM f 1 WI NE -SQL SOLENOID II lSH f.AI' SSG MBIYINII. UNK�INnI1l�ION �l 'fSCLNrNUI I I R AND SLA IKN NUMNu i S1AIf RAI I L—A (GRAD INUKADEI VANE Sllr it—.F,) INDKI,ILS LANDSCAP AP 11TION IIUNED F]CONIRO LIR IINIi •`IpACGLL Dhx`A GE RAIN ERPIYYlAlK1IMS3 �j WEAINER SENSOR RAN 0.0-2 RAN MET SENSOR ® GROUNDING AM SURGF ARRESTOR ASSEMbt V RAN RHRD IVM-SD ® TREE au"LERASSEMRY TWO (2)RARN.. IMIRURRLERS INB=1 SOPS FLOW (GPM) 025 PFK RLIlHL O SD PFR A95FYBlY DIDOOERGBDFM IXVIU(D0DIWHINIJ IfNNGPROTICIYN I'M;I P7407D �QUj POPUP ROIAIINC SPRAY SPNINIUER II111/TFA PROS-0L-PRSAOCV WM1ET NOZIIES n EAA(I h) M RAUALS •iEETM 15 (SET LIOW (LPN) Y412 LU.0 0-0.IN Q ®Q PUPUP RDlAI1NG SPRAY SPMNKI[R (MINTED PROS06-PRSAO-CV w,No221Es PRSSUNMPw RAM51)Fifii i0ll 21 InT EFFT N (1W (GAQ Ki.T) 0-110 WE ��BP(P/P ROIAIING SDRAv SPaNKI.I R HIIINIFR PROS-06-PRSAOCv wlSD ITTE MO>n Fc PESVIREAO PSI RAEEEETOSOfT3T 73 0eqROPWROTAI SPRAYSPMNKIERHUNTERPROS-06-­ WAPSTRIP NOIILES P ESSURF .P81 RAD- ADJUSTARLERECTANGN.AR SPRAY hhOW(GM) W-STtlOHl.22 LC S-TXIS 0AA —�— IRINGAi10NG.ONiNO WRf $ IN Cf W IMa11NR Wl UI W AIININI: I NN CONSTRUCTION NOTES I l THELDA--NSYSRYPOwI#CONNECTRN [FOCI SHALL RF OOWILSATTHE TNF KIUA%TELNWATTRTAPWD MFTFP INSTALLEDBV OSIERS Ar THE APwOINMR LOCATION SHgYM INSIDE THE PARKING LEYF11 wKTE HWEEMWKMDALROOM wSTR _1 FLOW PREVENTKN UNTNIDMASEFRVALVTAS3ETANYASINDFCATm MIFY ESA- LOCATION O POC WEEK OwIFERS REPRESENTATWE OWALL YOUNE THE MMOATEON CONTROLLER AT THE APPROxIMATE LOCA710N SHOWN INSIDE THE PARKING LEVEL E WATER MFTIEUL HANNAL ROOF COORDRIATE —POVER TO TIE CONTROLLER —THE OWNERS REPBESENTA— CARESHIOLILD RE TAKEN TO INSTALL THE IRRIGATION CONTROLLER IN A LOWTION THAT IS ACCESSIRE FOR MAINTENANCE FINK LOCATION TO BE APPROVED BY ^� OWNERS REPRESENTATIVE �IRRIGATION SHOWN WT O LANDSCAPED AREA FOR CIARETY-1 INSTALL tRNGATION COIAPOHENTS WITHIN LANDSCAPED AREA COORDINATE WITH YIP COITEI I IA SCN M PVC MAINISHLE AND I" CONDUIT FOR 2- WIRE PATH FROM PARKING LEVEL 1 WATER METETLMFCRUJE J L ROOKS TO FYTERRR 4§_ Hines Inc SITE WATER ENGINEERING SERVICES I—FEIVERMOE AVE SURE 20D FORT COLLINS. COLORAD080524 TNApNonA fIO2R.1M0 5YF0: wW WJVMFNIGeeFn THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED � PEAKSRAND iz 1 1.05.25 PROPOSED HARDSCAPE MATERIALS — J — — 9x11 ___' 6x9 6x9 4x6 6x6 , It Concrete Unit Pavers, Pavestone Plaza Stone Series, Sizes 3•'x6"x60mm, 4"x6"x60mm, 6"x9"x60mm, and 9"x11 "x60mm, in colors 50% Sierra Blend and 50% Three Tone Brown Pavestone Polysand Polymeric joint sand in color Tan. AVAILABLE PANEL SIZES Common sizes: 4'x8' (shown above), 3'x8', 4'x5% 3'x4' Any custom size smaller than 5'xt0' Parasoleil Perforated Screens (3"x4") Polypore Pattern in Dark Ash Soldiers Course Pattern Bands. Pavestone Plaza Stone Series, size 6"x6"x60mm, in colors 50% Sierra Blend and 50% Three Tone Brown Pavestone Polysand Polymeric Joint Sand in color Tan. Armored curb with a bull nosed angle iron. 6" tall curb. L Stainless Steel Spa shell (12'ff) Stamped Concrete Hot Tub Decking- Butterfield Color- Gilpin's Falls Bridge Plant- Walnut UI7 Sumut HciiT ci Standard "Gray" Concrete Slab Concrete Planter Walls with Vertical Board Form pattern- With Butterfield Color Uni-Mix Integral Concrete Colorant: U12 Sunset Beige. With a 2.5" concrete cap in Sunset Beige Corten Steel Planter Wall. 24" tall r- 13 PO ASSOCIATES. INC. Box 1976. Avon REN DCo' l-do P19j9 0949 257 w ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P� 11.05 .25 C M)f lenm.vtl aawa•i.n, .vc PROPOSED PLANT MATERIALS 9r a Quaking &+Wfl Populus tremuloides Spring Snow Crabapple Malts 'Spring Snow' Ornamental Grasses & Shrubs Blue Grama Bouteloua gracilis Ilk Common Juniper Juniperus communis Perennials Blue Fortune Humming Bird Mint Agaslache I nbrida Whae Star Columbine Aquilegia ' W hif e S f, ", Gayfeather Liatris spicata 'Kobdd' Karl Foerster Feather Reed Grass Colamagrostis x ocutiflora } I Alpine Currant Ribes olpinum Allium Purple Sensation Allium aftatunense Galahad Larkspur Delphinium x Pacific Giant Red Bee Balm Monarda didyma 'PardDn My ram.• Idaho Fescue Festuca idahoensis Nearly Wild Rose Rosa 'Nearly Wild' Colorado Yarrow Achillea miNefolium Johnson's Blue Geranium Geranium ' Johnson's Blue' Firecracker Penstemon Penstemon eatonii Hot Wings Maple Acer tataricum Blue Avena Grass Helictotichon sempervirens Woods' Rose Rosa woodsii Single Mix Ilullyhock Alcea rosea 'Single Mix' Lady Stratheden Geum chlloense Rocky Mountian Penstemon Perestemon soctus Baby Blue Eyes Spruce Picea pungens 'Baby Blue Eyes' Regent Serviceberrt7y Amel.nch.ir ainifolia 'Regent' Mountain Snowberry Symphoricarpos oreophilus Rocky Mountain Columbine Ayuilegia coerulea it ZA w Shasta Da ay Leucanthemum x superbum 1WW. * 7 4k Goldstrum Black Eyed Susan Rudbeckia ful9da August Light False Spirea Astilbe hybrida Robusta Male fern I?ry,,Lt, ris IiIix rrtm f Guacamole Hosta • 11 Artic Fire Dogwood Cornus sericea 'Artie Fire' Arctic Willow Solix purpurea nano Deutschland Astilbe hybrida n r��a_ x'• r Sandia Mtn Coral Bells Heuchern pUlcholla 1 Sum and Substance Hosta Hosta Hybrid Low Grow Mix and Rocky Mountain Wildflower Mix Bailey Redtwig Dogwood Comus sericea 'Bailey' Heartleaf saxifrage Bergenia cordifolla op Frances Williams Hosta Hosta Hybrid The Rocket Leopard Plant Ligulaiia stenocheph„I, ; Dwarf Burning Bush Euonymus alatus 'Compoctus' Black Knight larkspur Dicentra spectabilis alba , Elegans Hosta Hosta Hybrid y J r • 4 w Meadow Rue rholicirium rochebrunianum 14 ZEHREN AND ASSOCIATES, INC. LARCWTEC1UIM-KANMNG • Wt OOft-LMDSCAPE ARCMECIURE PO Sox 1976. Avon Colorado P. 19701 949-0257 www.ranran.com 0 Wft&ft" W A/otW. - THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED . G RAN D PEAKS 1 1 .05.25 PARKING GARAGE FLOOR PLAN LEVEL P1 P.10 i1-1 1P2 P111 P1 i?1, Pais t 1P8 1P8P.4D Y Y I`r' rY I Y Y Y rY Y Y..r EV Installed: 4 commercial spaces (1 accessible) + 10 residential spaces = 5% of 42+4 commercial spaces + 5% of 184 residential spaces EV Ready: 19 residential spaces = 10% of 184 residential spaces (18" space allotment provided at nose of car for future -mounted equipment) EV Capable: Electrical load provided for 40% of all parldng. P a P1 ;r�•i16 1I 25 11!1 ----( �+pI-) ----+s I ----!--�---! --1-7 Y------�Y -Tu i' -I -PN � -- I I I ( I .rt ` .,1 ° ¢ V' I I' ,, ABI PA71 - ------- ---I uSI:NtF mt[1x+ENKr�F (� ° oft I o ° - - I I BIS "r I t 99 VALMAIM NI I I F \L I - - =I� t o o ,o _0 ® ®M1 o I 0 o r RS RAMP DOWN TO P2 I 154 APARTMENT PARKING SPACES SNOWING ® ® ik n © LID 0 12-71 ©0 17-wl ® 0 0 0 ® b \ A\_ t / 42 AVON CENTER PARKING SPACES ®® Fin [al o o o 0 1 o o I] ® n+ LOWERED <ACCESS y uO ABOVE / `�i`I i RAMPDOWN r� \NG S 1w0-SSHOWN NTH 14ATCH(5%OF COMMIERCIAy i ^ /\• �•. V I\ I \ 1All P.ARKINGSPACES T' .\ Itstw. � © IJ � L1 ® M ® r�4 REL� IM ACCESS, FM -. I a zr.o zr a zr.a zr r zr.v x v x v ir r,/\ \ w=ou /\ \ !vA T \ pISIOKi .RIDE,_ Y / AvaN�.liCi, \ D / C -4— Scale: 3/32" = 1'0" 15 ZEHREN PLO8 976,AvoncdroND SOCIATES, INC. tloP.(9oUvw�o3Ewww.xenronFcom THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED � GRAND 11.05.25 O SO9DDMuw W A/otW.Ine PARKING GARAGE FLOOR PLAN LEVEL P2 .. .. ato ail Ptd P.19 PAS P.19 P.21+ P22 0.27 Pu P29 v Y Y Y Y Y r Y Y acts 1' JL av o' 27' 0' 2]'-0" M-! 2T•2 TT.! 2l.! I 3T.! 2►-! — — — — — — —' — — — — — — — — —— I , faTnaF ga»wo oll�Fae . 9� _ __� F6Utlla11C FN1'EIOFF i I 115 IM 113 ffl1] Eil I Im Ek ® - 1� f@ 1101 IM IN 61 ® IN I i63 � W 10 t, ( 1_ -I -A I _ _ _ _ _ _ _ _ _ _ _ I I — — — _ _ — I — _ — — _I _ ��, / wmnP oowN rO a'1 — I b 16 y � I t dt IO Im In 1 Ih 1N 1 1 11 I10 I 1 — d O 1� O C� f� 0 �_ — — - — ml ® Cw 1 _w — I a — ier 1 7 — rill \ In r b / �ilaJ ` t� IAYF r,i 112 REGULAR APARTMENT PARKING SPACES (SHOWING, Ir � LLJ u� LI fe r �tTJ Lu�] F. la W I-- F ® 5 ® wf I / 1pp711 ICIE] P.e I I I I r P.1 jEV CHARGING SPACES SHOWN WITH DIAGONAL — - — L .I— / HATCH(5% OF RESIDENTIAL) M f 5 \ \d I ))^^ LL RsETHa h 6 U 4 A 131 1 E, D Q L110 M fr Iw ov, fMABOLEE �a b � 1 ' EV CHARGING STATION TYP 1 / _ I- 1 / / 2T.! /2T.! I 'A'. a• / I P3, m 1 I P I I P20 21 P.22 P9 - : .`\ Scale: 3/32" = 1'0" fry REN ASSOCIATES. INC. PO Box 1976. Avon onDCo't-do P19j9 0) 949257 wwwlte en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P GRAND 20211-- h, 1 1 .05.25 OVERALL ENTRY LEVEL PLATE PLAN UNIT MATRIX Apartment Unit Types Level 1 Level 2 Level 3 Level 4 Level S Level 6 Level 7 Level 8 Unit Quantity I 4•Q I C 1� a iA 1 Scale: 3/32" = 1 '0" rQ 77 I (I) 1 1EEIBI.E B111DMG61NHOP i I �l I -. B.. il�Nl t 78 aor.s 19 T FEr IN snf •FO0 GTA FIXtSrrE '- Studio Unit Types C I ! i 1 0 0 0 4 1 Bedroom Unit Types 7 3 8 8 8 7 7 7 60 2 Bedroom Unit Types 7 11 11 11 11 9 9 9 78 3 Bedroom Unit Types 1 3 4 4 4 2 2 2 22 Subtotals (Per Floor Plate) 15 23 24 24 24 18 18 18 TOTAL UNITS 164 LANUSi BUILO ENVEL AL I uses wrfErm� casoruao I j yraoau� SPAS �o® bo® L — I b O L I I L 4 J I � Itl NOprovErafAO � `J. -------------------- p 0 EID91N0 Q a.6 GAPAGET }� D ovEw�Ew A z z 4> � M 17 HREN ND ASSOCIATES, INC L F 97�6. AAvon Col rode P. 19701 949 0257 www.ze"PFcom THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED . G RAN D PEAKS 1 1 .05.25 OVERALL 2ND LEVEL PLATE PLAN 10 it 12 � 13 11 13 � � 16 tY >q ' W T 4 203 � T 26 � 2Q7 2Q8 E ]!-I ii'.V 3Y.! II �a' - � n.•- I a-s a-e• - - � - -a-r � - - a-s- - � a�c _ �a-: .,, Scale: 3/32" = 1'0" L �BoMCTM- 1975. ANNNGa ASSOCIATES,HREN AND " ; �om THE SUMMIT APARTMENTS — PLANNING AND ZONING — REVISED GRAND •amaZ0­WAW.dW&,1ft 11.05.25 OVERALL 3RD LEVEL PLATE PLAN 101 Scale: 3/32" = 1'0" 70 11 12 17 14 ti 16 /i ti taal f �I I I V sr-e Y 17 W.S. 3-r as-r a- a►-e WE L �BoMCTM- 1975. ANNNGa ASSOCIATES,HREN AND " ; �om THE SUMMIT APARTMENTS — PLANNING AND ZONING — REVISED GRAND .amaZ0. W.tradaa.r< 11,05.25 OVERALL 4TH LEVEL PLATE PLAN :m Scale: 3/32" = 1'0" aMr c Y Y Q 'Y I Q w-rr a.r a-e a-r a-e a-e alr a-r V-91 i9-e IY=r _ _ _ _ - _ _ _ _ T _ _ _ _ rO t J LND ASSOCIATES, INC. P` 97M6.AHREN AvoncdrodoP. ouvwMo37-te"p.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P 1 1 .05.25 OVERALL 5TH LEVEL PLATE PLAN io, 'n T n 'to) T � u v ar.r u r a.e zz-s— zr_e n•_s• a�•-s� Y' sz_s� sz_s• w.r `I' ---- --------f-=i - ------�-----I— -'1----------I------ ----------------�----------rt--- - - --Y— - --�-+' -- Scale: 3/32" = 1'0" O 21 LND ASSOCIATES, INC. P` 97�6.AHREN AvoncdrodoP. 0Uvw�o37-te"p.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P 1 1 .05.25 OVERALL 6TH LEVEL PLATE PLAN .u.r n.r 1 :nee .. a'-c rr-c rr-c az-c az-c az-c o.c I r-r E ' -- --�- — __—__—T-_---I--7 —_ - - - - - - - -- — -- Scale: 3/32" = 1'0" 22 LND ASSOCIATES, INC. P` 97�6.AHREN AvoncdrodoP. ouvw�o37—te"p.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P 1 1 .05.25 OVERALL 7TH LEVEL PLATE PLAN a T a �- a-r a•P a-r a- I as r I ---------- 1-- ------ - ----I— -I --- - ----- — — - I---------1---------t—1---------1----I - I r- �J° r- -71 r -t- 9 Scale: 3/32" = 1'0" DMER EMUM LND ASSOCIATES, INC. P` 97�6.AHREN AvoncdrodoP. ouvw�o37-te"p.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED l �1 1 11 1 1 1 --- ------- 23 P1 Pis 11.05.25 OVERALL 8TH LEVEL PLATE PLAN ,5 l�J I ;d ,8 3aa-r 9 T P 29 24 Q m 2T 8� a-r a.r a-r tz-• sz-s• it-s• sr-s° sz-s• zz-s° sz-s° a-r •-r T-7 A P- F'T T-F-T' fll- TT= T �t- c� G- L3 Lj Li I I I I I I I I 1 -b \ III{ \ -.11 1M11VtN:—. • �+- - -- - - - � - . I - I II \ s � h \ , Scale: 3/32" = 1'0" ZEHREN AND ASSOCIATES, INC. LARCWTEC,UIM-KANMNG• 1NUMOR5-LANDSCAPE AKMIECIUkt PO Sox 1976. Avon Co1ao00 P. 19701 949-0257 www.xanron.com O2 696DWwr W A/otW. YC ��i 1 THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED 1 1 1 1 �1 24 P1 Pis n .os.2s OVERALL ROOF PLATE PLAN 70 �71� T77 14 IL, ,s ,e T 1xa1 I �«J xs7 T ,xs) T 7T� -- ----------------�-- 7 I------ -----%----- �I 4 Q - � an its II-t�Y4.1eVn"RdF ! FKW I I i - F ate, • i F a_ 1 R oaW.::� I / Oter 11W I\ 1tr I I - - - - - - - -� - - L -I - - - J - L - ONME RID- -\ \ — /.lt .' / ` —,. \— — — -I. \ — ♦—./ �i'' — - — — — — '\ MTNOOF,D :' — -� - - - - - 4- - - - - - - - - - - - tYP-• I /� I 19R-rW I , 19f-SW gill'— jw 1p-� en rn ry rt: rn ROOF MOM MAN .d I ` iurwasstwr \ 13 di/N kN / 1 \ m- 5 ` \ Cr J-V� A3.02 F302 \ 1 naoz V,1 Scale: 3/32" = 1'0" 25 a �` 9.AvoncaroSooP(9ou9wOs7www.xanronFcom THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P 'D > 1.05.25 BUILDING SECTIONS AVON PEDESTRIAN MALL WEST BEAVER CREE 11 12 11 tti t! 17 18 to 1 v � 21 n 27 1 as 1 a P.19 P1a PAS PAV Pto P1B PYt �20 P21� Y PY22 Y P� YP P25 I YI I Y Y� Y I T I ITT I'r I TI I T I -rI -r, I 2r2e mom ■■■■i■■�■■■■ ■� ® ■■�■■■ 1111■■■■ a .. . �11M111 lal■■■ � INE11MIEN 1111■I■■■ 11 �11M■II■IIi■ WINE 011■I■■■ MENEM irl 011111111E II� 111 111 1 1■ 1 1 1 11 it 1■ 1 ■ 1■i II in 1 11 - II �11 ®'11,0 1 1 l 1 1 11 1 1■ 11 i 11 in ml II 1'I 111 I� 1 � 1 1■ 11 1 1■ 11 jl 1■ 11 � A 1■ 11 ■f 11� LIN 11 11 1 1'1 111 I�' 1 1 1■ 11 1 1■ 11 II 1■ 1 A 1■ fl ■f 11� � i � 1111� I I I: '�lfflff 10 1 gl 1■ 11 1 1■ 11 i 1■ 1 ®A 1■ 11 n10f 111 ��II�II� II II G II I11 11 ����� A �1 1■ it 1 1■ it �I 1■ NI �A I■ 11;�■1 111] I �11111M ■MEEP =__��� �� _ 1 ,�� I�' A'�i 1■ 11 1 1■ 11 i1 1■ fl ��I 1■ 11 �■1 11 ��1111�� I illl I' , i1( �� 11 I� I�' A 1 I■ 11 1 11� 11 L 1■ ww 1■ 11 1 _ I■ ■IIIIII■ r11 D ASSOCIATES. INC. 7onmP19)925PO Box96. Avon j9097-ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED 20211-- ar WEST BEAVER CREEK AVON PEDESTRIAN MALL . G RAN D PEAKS 26 1 1 .05.25 BUILDING SECTIONS 1 r) P F 6 H P.6 .H I �I I I I I TI I I I ?l tes�o`— � I I I WAIiGVC EnSTM1GaW�lt EL 80 F` Lei o 4 101 i L 7 0F7, EEu1 I �'L.EZEl�S b _ I0 - EllI 01 Ul I�I�rll L�Ju I Y �Iunr.•I a ED FAIIFSiRN! }} PA1N W 0 b I I a u� I III I I II I I I I 1= I I I I I I e-UTS v ,77LEVak e iV- %I L 1b7-B' LEVEL V 1 e LEVEL �LEVE� I I I I 1 I I I I I I I I I I I ZEHREN AND ASSOCIATES. INC. ARCHITECTURE • PLANNING • INIERIORS -LANDSCAPE ARCHITECTURE PO Box 1976. Avon Colorado P. 1970) 949 0257 ww—hren.com o 2olx t— —, - PAROI WT I I I I I I I I I W-01 - — I ��LEV�EL B v 1,7E3'/E-8' _ _ to na�rxst�a+AOE b Ba � LEVEL r1 CF6 C @ I I I 7 Z431.- O AL�,��L V-96'-6- V�U60LEVEL, THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED "UNTER I AWNCEHIFR DtlSIPIGOANAGE A 27 PI Pis 1 1 .os.2s THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED "UNTER I AWNCEHIFR DtlSIPIGOANAGE A 27 PI Pis 1 1 .os.2s FLOOR PLANS STUDIO + 1 BEDROOM WIN T 1w. I 16•_0" -----J I 1 BEDROOM STUDIO TOTAL AREA - 445 RENTABLE SF W_V 6EDROOM LIVING Ir 0'xW e1• KITCHEN COATS Cl 0 PANTRY 9ATH `or IeLf AH FNTRY 1 BEDROOM TYPICAL TOTAL AREA - 652 RENTABLE SF ZEHREN ND ASSOCIATES, INC. PO 97�6. AAvon Cd cado P. 197019 49 0257 ARCHIIECIM www.ta"p.com THE SUMMIT APARTMENTS -PLANNING AND ZONING -REVISED GRAND OrB96a.6.I.wArob'YIM. BIC 1 1 .05.25 FLOOR PLANS 2 BEDROOM OPTIONS p- KITCHFN r-r xrw DAM ENTRY 2 BEDROOM TYPICAL TOTAL AREA - 972 RENTABLE SF aa6 I VTAC �iwonua CLOSE 1 : COATS 2 BEDROOM PLUS TOTAL AREA - 1,137 RENTABLE SF 29 PO BASSOCIATES. INC. ox 1976. AonREN DCo'Iwatlo P19j90)99257-ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P� > > .05.25 C ]a)f lenm.vtl avwaain, .fc FLOOR PLANS 3 BEDROOM OPTIONS 3 BEDROOM END (NW) TOTAL AREA - 1,442 RENTABLE SF 3 BEDROOM END (SE) TOTAL AREA - 1,421 RENTABLE SF PO BASSOCIATES. INC. ox 1976. AonREN DCoolmatlo P19j90)99257-ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P� > > .05.25 C ]a)f lenm.vtl avwaain, .fc f x.rNR� � y ■ vi[rr ■ ` �� BEDROOM 3 SF:OROOM 1' 0ldNG tl C'... nrxra '4 CLOSET Ct OSET2 OLOBET w �lllllb_d u - T7 FLOOR PLANS 3 BEDROOM UNIQUE t - LMNG 1— Wr awrzv. - '.'.r"v: BATH: vtxv SATH w " tY k9C 3 BEDROOM END BEDROOM END (SWJ TOTAL AREA - 1.785 RENTABLE SF 52'- 5" ENTRY • •.� ( I COATS BATH o CLOSET I vier Lf, CLOSET 31 CLOSET2 I b Ir R I —Tvunk VIV m 11 v \t:r p} BEDROOM 3 f��1 BEDROOM 2 TV III (� ' DINING Irr X+Zr I I tvV xtrz lei 2�'xrr M:RCNEN !•T x N-1! BEDROOM END (NE) TOTAL AREA - 1,582 RENTABLE SF SEOROOMI wrox ws Ltvme rtxx wa O DECK 3 DECK 31 �rOBox1976.Avo�DCo�atlO�9o�v_o5NiwC�wINC. THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P GRAND xp! ream aMAavankes. br 1 1 .05.25 TYPICAL BUILDING DETAILS 1 IaWNNa- WAIT. smNF cAP onDN dl L � T%MufNfD Pr WaoO - A -E-H w• PT PlrwooD /�/.I• SM[AtNNG A // IXs wo 9aMa 11 IowtCN TONMNO!!9 I � 'TYPICAL ELECTRICAL METER ENCLOSURE AS vw^ .- IA'lIF DALE _ — IIAROWME NIw+D[ NI rtxM NEAw DL/IY RAII - 1 DFMINfi � IANOEs. WAex AND 9lfIE BqT � A.ASCMRY, IILFICK AI OAt! I INTERIOR EXTERIOR rxgvfE Ifll IAAMN'KYL PIIOVOf YTL 1R419fKN FIAW+ING BFIWFFN CM lf6N WIFRW ANO TI WOOD lC00[R A6—�. %T—T WD 90iMT RO.NO, y.I�C�: pE�O CUT lOFIT _oCA9wRF 1RFAiFILVN fABCM + lLOCILf1G TF6RAFTER A9 WORK PONT ENDOF 9TRUCMRE IEOUKED YiI FLASNWG W.ORP. 91Rt>'N W WITH WAICRMiOdfb T' AIT F a WO PIATF —• TX asYODM WD FASCu . zx 9AK%LM wo rmusoAND. wAlWlitp \ "EATf.rwa !%Lr roNI WFATNNf BARWEN T%69NOOTx WD 9TlE8A RAA9 pOUb+A'IIFr� I I q ITVPICAL FENCE ELEVATION L L ,TYPICAL FENCE AA NA'• I•-P T X A rRWINOREYWD. AS r1E0UNED fTl— Lrnlry IqX. aEt eLEaakrlL uww i X A sAtooM wosoflc F, e4 IrrnrwooD 9ACkNc YAMM LNA Iry ENuosuRE oorwTwlcr ovf R coNT WFAKI NAMtER IPAM! RLrICk) TX69YODtN WD snfsa RAAs - - rRAYNG AS.Foo 1%68MOOR+WDlaG 301'IR GRADE LWf Y lXb rOv {jAl! 9[%4 IDE%11 RK%i xDPE ITT T%A RAAk. REPEAT PAiIFRN !T)Tkf RAa9 RlAEAr PArreRN AL- M MA FAGS WIMA%A E1IT fATS: A1G11AElEEL PoSt MELAMAE—WD f1111I TOPPLATF RAa ArvACLM9R IF W 9t WGRAEf 107TEEl 3l!E ft ANDLE (WIC De[ PT WOOD WHIM ICOFrMISN rN1ADE rENCEIJAIF WEREwmm fAlGhp N PUTAI —SIEEEAIGAIE YAII-GRADE REF STRUCT OWO9 TIM EANEO HAl1 • C011c r ALLD 1P SONOIIIR[ RFR, RfF SIRUGTlM'G9 ' p `TYPICAL FENCE SECTION RETAINING WALL SCHEDULE GWMYIDM ARAEOAtf10 IaINL T •ILv x v 7• m nY >n m xw tNYr wvr A'd ed V M 1'd Td 4P S-1' XT 2-1' tIP fP 20 XT 24 +Ob /CWIIATON AV FMM TIN W.CrWaCAL 3 AIAp SgMAy RAILING ELEVATION (BALCONY RAILING ELEVATION wb WDW WIDTH vYDW VVDTH n TYPICAL WINDOW TRIM PROFILES �w MEIN TOP MIL — 4tAT'1t41Q MRAYIOMt! Ml 1'SglM11F YF1N 6NU9ilR. Gkl11W SALIRIlR9 WRRM FAcn PANE( —T'1Q"YCEN POSt TRIM AT STUCCO_ STUCCO RETURN TRIM AT FIBER CEMENT SIDING. J MOL WITH MTL JAMB EXTENTION SLOPED WD SILL WRAPPED WITH MTL TRIM TYPICAL ROOF EAVE ASSEMBLY 9M4Y law GW9Rf1WFEx WALL rgllLAl10x AND YE14 OFCN ROOF RNISN. RFF RM F MAN CONIM+A 9fCOND IAVFR OG WAllIINOLR AxAlI WAIF RPROd 11UA F WAOAROOF NL F%TFRA:N LE I M V_ IK IIAfR1M: winl IAr IVNIWIoeNANNei 1%9119[H cCAYN! 1 . 11 WRAR4DWTIf1 AETN LIASIMO VMAP SIAk[T UNDCAAAYAENI WAIERPR00FN6AI FAN`W h PI WOOD YOffIM T%YT FIRsAtoomNT fASt3A eMRD, SMODM x E%TFR10N crosLr CONTNUWS WCARER IWxrIIR. WIUP SOI r II AND Y W OCI(Nf. NFRIND FA.90A AIR) UNULN SULI l MOf RLAYMl NI wATrnPHoorwc COMVObIi! A9MLNf 91 AC9 OONIWudLS 9ElF AgERMO 91EE1 UrANMAYAEM WATIRRAOOfNG Y POLYRO NAa RIOU NSUTAIMNI IR IblSiAGGlR JONT9VER YfR . REOUREMEMS Y PDLYL90 MAID NSUTA1NNr IR ri AOi 9P11AY (MF RE9g11 WE WIFRLN Al OFCNNG 10 ACHEYF 1 xR MING Yl1N DC-CNMG. RIf 9IRUCt OWgs .a. STEEL 1RLL4S, PROVOF 9FRM MOT 91gWN1 10 AG11Er! TIIH RAiE1G lT I VRMIE9, RFF �.p rL.Y1 U p C — PLWFACED6ATT NSIAAigNIR191. ATTAQIMM ANO Ct A+NC: 1551 PILES FOR W:PLDLF9.NSTALL 9AMpLF9 WNDR 109FRY ADrNiwwu woRWTw. N9TNl CEAWG x.ArARS PRNNI EPCDRF OFCN t0 MTNLATnNOF 9PIUY fOAY N9UAtIp1 TYPICAL ROOF ASSEMBLY INTERIOR EXTERIOR -\__' GYPSIfa wAILNOARD P[lDDWl:3 OR 9orFpAF FOR NIFRfOR f111L911 -, �-_t CIMTfRgLB VAPOR REtMDEA MMTrY atRVCIVRl9 AETN SNW WALLNIIEL ClAT N9IAAIMNI IR-I'i) GfRANrIR RY WGOD SHFAi1MG 11{+OONTILApIId MAUTAfKM WR11 RVVF 0 f%EAF9tltANI TREATED gYWOOD9HEAMW6 (R-15 TI OOMNUOU9 WLAIIILN WRHRH RLr Lk1LRNlp LLEv3 iOR i WI311 WTFRLN TYPICAL WALL ASSEMBLY 32 ZEHREN AND ASSOCIATES. INC. ARCHITECTURE- PLANNING • INIERIORS -LANDSCAPE ARCHITECTURE PO Box 1976. Avon ColMado P. 1970) 949 0257 www.eenren.com 0 204A Ten — Avan_- THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED PI GPEAKS 1 1 .05.25 EAST ELEVATION Stucco Mural Fiber Cement Wood Stucco Stone Shingles 11 p 11 11,11011 11 !!�! 11 11,11111 11 !!! 11 11 !! 11 I !! 11 11 !!MEI1 1 !!! 11 11 !!! 11 -- ■� ON ■ Ir ' �i1 11,!! � 11 11 !! oil 11 11111 11 Jim 11 ignI1 ®11 11 !! 11 11 !!o 11 11 !! 11 11111111111 loll 11 11 11 11 Roof - Asphalt Shingles Fiber Cement Soffit ZEHREN AND ASSOCIATES. INC. ARCHITECTURE • PLANNING • IEIIERIORS -LANDSCAPE ARCHIIECTURE PO Box 1976. Avon Col —do P. 1970) 949.0257 w zenren.com 0 M)x Ten — Aawaa_- Fiber Cement Fiber Cement Stone Windows and Metal Trim - Black Stucco THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED ` 100'-0" 80' ABOVE EXISTING GRADE 84'-0" 73'-6" Lh 1� 63'-0" I7 52'-6" 42'-0" 31'-6" 21'-0" T Y 10'-6" .--=•-- EXISTING GRADE Fiber Cement 33 P1 Pis 1 1 .os.2s NORTH ELEVATION Roof - Asphalt Shingles Fiber Cement Soffit ZEHREN AND ASSOCIATES, INC. LANC1,11TECIUM-KANMNG•NUM0111S-LMDSCAPE ARC14MCIM PO Sox 1976. Avon Co1ao00 P. 19701 949-0257 www ze"o.com O S6pDLMNn W A/otW. YC Stone Stucco Mural Wood Fiber Cement Fiber Cement 100'-0„ ii i6li i i '`6: RA 6X-19 glow oil■ ,.�i�r��lelM 1 1 �1 11 11 E-11 oil Jl1 =w .11 Fiber Cement Rber Cement Stone Windows and Metal Trim - Black Stucco THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED EXISTING GRADE Fiber Cement 34 P1 Pis n .os.2s ENLARGED BALCONY SOUTH ELEVATION 62. 0.. Roof - Asphalt Shingles Stone E Stucco Fiber Cement Wood Fiber Cement Brik wall sconce Steel Post and V Rails Wood Composit Deck Fascia I6 80'ABOVE un;XISTING GRADE C �I II fill 1■ �1� !■ 1■ ��,!■ 1■ ,1� �� !! 1■ I■ �� ■„ICI, II II I■ �� I� 1■ �� I■ 1■ �uIW �.1 II II 9 r — ■ 1■ �� !� 1■ �� 1�:_ IIY 111�_ I■ 1■ �■ ■ ■ II II I Y� NYIIINUdueuiaplb :��lflBll 9 ■ I■ 1■ I■ 1■ 1■ 1■ 1■ 1■ 1■ 1] I■ ]■ ■ ■ i01100 ■■il■■■■■11■■11MENE1111 ------- EXISTING GRAMjaw Fiber Cement Soffit ZEHREN AND ASSOCIATES, INC. LARCWTECIUM- KANMNG• NUM0115•UN06CAPE AKMIECIM PO.ox 1976. Avon Co1ao00 P. 19701 949-0257 www ze"o.com OS676DMnn W A/otW. YC Foe...ern-rit ITF giber Cement Stone Windows and Metal Trim - Black Stucco THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED Fiber Cement 35 P1 Pis n .os.2s WEST ELEVATION Fiber Cement 1�"( y ,, ; St ur.�'c) ■ IRI ■ �1 �1 tl 11 in 1wlll 1 'II1�1. �! :I ;C11 111 11 ■ 11 , ■ ■ Ills 11 1,,111 11 1■I �11 ..I ■ ■ �1 �1 �1 1l I■I. 11 1 all �1 1�1 I 111 11 I■I �I9"I.. ,,,,I ■ ■ �1 �1 �1 l I■I 1l 1 1! �I 11 111 ll I■I !1 IIll ■ ■ �1 �1 �1 11 I■I ll 1 ll �1 ll �1 „�l!, 1■I !!: I■ ■ i1 11 III Il 1 ll ■1 Al �1 ll 1■I l!! Roof - Asphalt Shingles Fiber Cement Soffit Fiber Cement Fiber Cement Stucx.(-j ,1111�11 ■I lll�!� II ,IIII�A ■1 II!I! II �11111 ■I,!of II �I ll ■I ,lof II �1 11 Nil 11,11 Nil II Stone Windows and Metal Trim - Black Stone Shingles 0 84' 0" U-li" ----` 80' ABOVE EXISTING GRADE 63'-0" RIDEI�i �� f�Qll1*�WGI.I - w 1 fd"r[(.-11l I 10'-6"' EXISTING GRADE Kip ZEHREN AND ASSOCIATES, INC. LARCHITECTURE • PLANNING -INTERIM -LANDSCAPE ARCHITECTURE PO Bo, 1976, Avon Col —do P (910) 949 02S 7 — xehren corn O.Wy IaVCOn W As1xg5 Ys THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED . G RAN D PEAKS 11,05.25 MATERIAL BOARD ASPHALT SHINGLE STUFFO FIBER CEMENT REFERENCE IMAGE SOFFIT FIBER CEMENT FIBER CEMENT Archetype Oudoor Pendant 4"Wx18"Hx6"L Dark Sky Compliant Black Brik Wall Sconce 4.75" W x 4,75" H x 1.5 Ext Dark Sky Compliant 37 ZEHREN AND ASSOCIATES. INC. ARCHITECTURE • PLANNING • INIERIORS -LANDSCAPE ARCHITECTURE PO Box 1976. Avon Col —do P. 1970) 949 0257 W zehren.com 0 M)x Ten — Avana_- THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED . G RAN D PEAKS 1 1 .05.25 AERIAL CONTEXT DIAGRAM Sun Road Redevelopment Proposed Lot B - Apartments Avon Pedestrian Mall Plaza Avon Transportation Hub Riverfront Express Gondola 38 L AR` IM-PLNNING- WERMS oP LANDSCAPEAKHxamanFcom THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED � P�� 11.05.25 AERIAL PERSPECTIVE PO BASSOCIATES. INC. ox 1976. Avon REN DCo' Iwatlo P19j9 0949 257 -ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED • P� 1 1.05 .25 C ]a)f lenm.vtl aawaai.n, .fc AERIAL PERSPECTIVE Ull PO BASSOCIATES. INC. ox 1976. Avon REN DCo' Iwatlo P19j9 0949 257 -ze en.com THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED • P� 1 1.05 .25 C ]a)f lenm.vtl aawaai.n, .fc SOLAR STUDY March 21 st 12:00pm June 21st 12:00pm December 21 st 12:00pm 41 ZEHREN AND ASSOCIATES. INC. ARCMIECIURE • PLANNING • INIERgRS -LANDSCAPE ARCNIfECNRE PO Box 1976. Avon Colorado P. 1970) 949 0257 w zenren.com 0]a)x Ten — Aawaa_- THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P' GRAND 1 1 .05.25 PROPOSED MECHANICAL EQUIPMENT �_- —_10 _- - - - -- -- --- -- -- -11 - Q 12 13 /4 ---- - - C_---_ - —_-- - - - - - _- _- - —_— EASEMENT A -EASEMEIEr i E I I - - - — - - - ---t- -. -r— �— - --�-----� -- �I I I �5� 4 I I D I I I I EASEMEMD �9 .OEASEMEMB f6 I ! I I I g � 1a • I "A91k Bleli111t BIVEI � b, _I-. - -- .- - - _ _I. - .- _ - - , _ -.-.- + - - - + -— - _ I I E su I I E 0° 2qA I � v I _ - _ - RATROOF I I I I I I I RG 612 R12 IR e,12 Rtt Er Rig L 30 ROOF o1v�V w 29 ems" — — I V b It La — — — PJ o � � � ram- - � � - ■ , r\ E - v V 2 A a 42 L �0TMILWAvoncNG,-WOft-LAwM0AKWW2anronFcom THE SUMMIT APARTMENTS - PLANNING AND ZONING - REVISED P 'D 11.05.25 ] i111i111k • j k u � t rI �Pimina � �.� } '`. y�IIAI�II IAIA_IMIII 1 �F •■ 3Sp t a 1 IAm wrtal .,•. � —� t A\ JIA\'. J WA um II ►U_ NOW rw AIM • 4 ' its A _ r; � r �r ... IC Ff mks go Qmi NMI on _ i I - t of BUILDING ENVELOPE ENCROACHMENT PLAN SETBACK ENCROACHMENT EASEMENT ENCROACHMENT RIGHT OF WAY ENCROACHMENT Southwest View Northwest View /1-�O 0a f nn �yh v�L 0 y�7 e 1 S e;e ire � f i i i r i mb% / W � y�e \ \ \ Avon Center V ' \ Southeast View Building Envelope Encroachment Plan ZEHREN AND ASSOCIATES, INC. AKWECIURE• PLANS W-- RVIERIORS'IANOSCAPE ARCHMCIME PO SOX 1976. Avon ColOro00 P. 1970) 949-0257 www.xehreftxom THE SUMMIT APARTMENTS - DEVELOPMENT BONUS P AKS 10.05.25 BUILDING ENVELOPE ENCROACHMENT DIAGRAM SETBACK LINE EASEMENT LINE RIGHT OF WAY LINE 80' HEIGHT RESTRICTION Northeast Building View 4- t, s -� All -- - --- '— -- -' - - _— --Roof overhang and building over 80 toot height restriction^ J _ r �J Balconys and VTACs and root 1 .� overhangs overlooking shared road' - Balcony surrounds. root overhangs and Canopy over pedestrian moll y t y k V �2• LV Northwest Building View Southeast Building View Southwest Building View 46 �POBx1976. AlonDCoolado P,j90199257--�enFcom THE SUMMIT APARTMENTS - DEVELOPMENT BONUS 10.05.25 ASSOCIATES INC. GRAND D PEAKS o .Wylehm.vUAcwcun.. K PARKING ANALYSIS PARKING ANALYSIS S/G/7r177 Sq Ft By Use NotesParking Lodge at Avon Center - Commericial Regs per Avon Municipal Code Section 7.28.02C Parking Spaces Real 13,091 1st and 2nd Floor Professional Office Commercial Use - Office - 3 per 1000 sq ft 39.27 5,011 1st Floor Eagle County Offices Municipal Office Municipal -Office - 4 per 1,000 sq. h. 20.14 5,035 1st Floor Commercial General Commercial Uses unless otherwise stated - 4 per 3000 sq h 20.14 3,469 Indoor seating area for Units 127 and 129 are derived from official floor plans. Both Units showed approx. 409/. of total square foot area were used for indoor seating area. No plans for Unit 125 exist In Town records; indoor seating area was assessed by measuring 40%of square footage Restaurant Food and Beverage Services - Restaurant, bars, and taverns -1 per 60 sq ft of Indoor seating area- 57.81 5,347 2nd Boor Medical / Dental Medival/Dental - Office - 4 per 1,000 sq. ft. GFA 21.38 Commercial Total Requiredl 159 of units Notes Lodge at Avon Center - Residential Use Parking Regs per Avon Municipal Code Section 7.28.020 Parking Spaces Req 52 All units are reported to be 3 or more bedrooms Dwelling - Multifamily 2+ bedrooms - 2 per unit 104 NA NA Guest Rate Per Table 7,28-2 Guest Parking 7 + 1 per/5 over 25 units 13 Residential Total Required 117 Total Required for Avon Center Uses 276 Adj for 15% Mixed -Use Reduction 238 Location Notes I Number of Spaces Lot A at Grade Variety of 15 minute and 2 hour parking 55 Lot A Below Grade Structure 2 ADA spaces i 100 Total Existing on Lot A 155 Avon Center on -site Shortfall 83 Source: town or Avon 20/22/7075 Sq Ft By Use Notes Use Parking Regs per Avon Municipal Code Section 7.28.02C Parting Spaces Reg 720 Per TOA Food and Beverage 1 per 60 sq, h. of indoor seating area. 12 3,500 Ground Floor Commercul along the Pedestrian Mall Commercial General Commercial Uses unless otherwise stated - 4 per 1000 sq h 14 a of units Notes Use Parking Regs per Avon Municipal Code Section 7.28.02C Parking Spaces Req 4 Studio Dwelling - Multifamily 1 per unit 4 60 1 Bedroom Dwelling -Multifamily 1.5 per unit 90 78 2 Bedroom Dwelling - Multifamily 2 per unit 156 223Bedroom Dwelling - Multifamily 2per unit 44 NA Guest Rate Per Table 7.28-2 Guest Parking 7 + 1 per/5 over 25 units with a max of 10 10 Rr :identiTl T.Ml Required 304 total He uune•d Ir the Snit Uses 330 Location Notes The Summit - Propo�ed Number of Spaces Lot B at Grade (Avon Center( 38 Lot B Below Grade Structure Residential 156 TOA Commercial 4 Avon Center 42 Total Proposed on Lot B 240 The Summit on -site Shortfall 90 Source: Grand Peaks ZEHREN AND ASSOCIATES. INC. ARCHITECTURE • PLANNING •INIERIORS -LANDSCAPE ARCNIIECTURF PO Box I976. Avon Colorado P. 1970) 949 0257 www.[ernen.com o Mn Iehsn_Aua_ ar m �h (ynllowl Avon CO lot CVrnnl4naal 1 Porking (Bellow Grbdtr) (Real IOA Commercial Pmtlnd I �' (Below Grade( 1 \ i •1 r_ r� Parking Plan P1 T r �Y 1'ri 7 ltl Y r T r 1 I QI I I l i I I 9 4 iQ I 1 1 I I :cr mm>nmmmmm - - - mmm -- mpmm1p - - m i kHp� I I IGrry) Rrstderr ►mono Iarlaw Grad.) _ k L - YY/33C F. y- �y Parking Plan P2 ,4'r I Ar AvaRc=rnta l s� Avon Center Commerical Parking (Above Grade): 38 47 THE SUMMIT APARTMENTS - DEVELOPMENT BONUS I P 10.05.25 Avon Centel Cbmmerciol Parting I Above Grade) CONCEPTUAL COMMERCIAL Gallery/Cultural Space Community Workshop 31 ' x 21.5' 33' x 21.5' Trash Room Scale: NTS Public Bathrooms 35' x 12.5' Coffee/Snack Shop 50' x 28' all] ZEHREN AND ASSOCIATES. INC. ARCMIECIURE • PLANNING • INIERIORS -LANDSCAPE ARCNIfECNRE PO Box 1976. Avon Colwado P. 1970) 949 0257 W zeMen.com c .W51Mrm.vUAcwcwsc K THE SUMMIT APARTMENTS - DEVELOPMENT BONUS ' GRAND PEAKS 10.05.25 From: Mark Lionberoer To: Jena Skinner; Matt Pielsticker Cc: Brian Smith Subject: Planning Hearing for Lot B, Avon Town Center: Case Number DEB25001 Date: Wednesday, November 12, 2025 4:33:23 PM Jena and Matt, Our team has reviewed the P&Z submittal package from Grand Peaks for the development of Lot B. While we are pleased to see the progress made by Grand Peaks and welcome them as future neighbors, we noted several items within the submittal that we wanted to provide commentary upon. Please consider the following points of concern during your review and hearing regarding the submittal. Traffic Volume: The submittal does not include a traffic study to verify that the anticipated vehicle volume for the Shared Access Drive (SAD) aligns with its design capacity and the intersection at West Beaver Creek Blvd. We request that a traffic impact study be required from Applicant to ensure compliance with traffic safety and design standards, and to prevent excess traffic volume on the SAD. Trash Storage: The submittal lacks confirmation that designated trash storage areas are adequately sized. Insufficient storage could lead to dumpsters being placed on the access drive, which would impede circulation and negatively impact aesthetics. We request that Applicant be required to confirm storage capacity and location in the plans. VTAC Enclosures: The floor plans and elevations do not appear to coordinate the VTAC (HVAC unit) enclosures serving the residential units. These enclosures will materially affect the building's exterior design and should be reflected in the elevations. Additionally, VTAC grilles should be oriented at 90 degrees to the main fagade rather than facing outward. Pitched Roofs and Snow Control: The Zoning Code requires snow control measures for pitched roofs; however, the submittal does not indicate any such provisions. We request that the Town address this issue with Applicant to confirm that snow control per code will be provided. Building Height: The proposed building height exceeds the 80-foot limit by approximately 26 feet. While not shown on the building sections, Sheet 25 indicates a top ridge elevation of 198'-1%", and elevations show 100'. The actual excess height is not made clear relative to exceeding the 80' height limit. The excess height will create significant shadowing between Lot B and Lot 3. Zoning Code §7.16.170.b allows development bonuses such as excess height only when a clear community benefit is demonstrated; the submittal characterizes the excess height as a "wayfinding beacon," which does not appear to meet the criteria. The current shadow diagrams show noon conditions only and do not address the more severe shadow conditions at sunrise and sunset. We find the excess height above 80' to be objectionable and detrimental. Retail Component: The retail deliveries appear to be front -loaded from the public street, which may require truck parking on the street for unloading. This condition could create traffic and operational challenges for the Town. We request that the Town review and assess this impact during of the Application. Upon your review of these comments, please feel free to contact us with questions or further discussion needed. We sincerely appreciate your work in support of Avon's growth. Best Regards, Mark Lionberger Director of Hospitality Development Stonebridge Development Company C: (303) 638-1839 D: (720) 336-2343 TO: Planning & Zoning Commission FROM: Matt Pielsticker, AICP, Community Development Director RE: QUASI-JUDICIAL PUBLIC HEARING — CONTINUED FROM 11110125 A Village (at Avon) PUD Amendment I File PUD23002 Vested Property Rights Extension I File VPR23001 . vo n DATE: December 4, 2025 C 0 L 0 R A D 0 STAFF REPORT OVERVIEW: This Staff report contains the review of a Planned Unit Development ("PUD") Amendment application and Vested Property Rights Extension for consideration by the Planning and Zoning Commission ("PZC"). The joint PUD Amendment application ("Attachment A") by the Town of Avon and the Traer Creek, LLC development team ("Traer Creek"), includes various amendments to the Village (at Avon) PUD Guide ("Attachments B and C"), PUD Master Plan map ("Attachment D"), and the Consolidated, Amended and Restated Annexation and Development Agreement ("CARADA"). The PUD Master Plan map changes to Planning Areas within the PUD are part of the Town of Avon's proposal to rename planning areas for Community Housing use. The applications were continued after the initial public hearing with PZC on November 10, 2025. This report includes updated information in addition to an updated presentation ("Attachment E") from Traer Creek. This joint PUD Amendment application originated in Fall 2023. The Town was pursuing a housing project called "Avondale Apartments" on Lot 5, a Town -owned property that is zoned for Public Facilities uses. This coincided with the timing of the Eagle Valley Early Childhood project on Planning Area E ("PA-E"). That project initially included an integrated housing element, necessitating further zoning updates to the PUD. After initial discussions with Traer Creek, it became apparent that it would be an opportune time to include Traer Creek's desired amendments at the same time. For example, Traer Creek sought additional density for Planning Area C ("PA-C") and Planning Area D ("PA-D"). The amendment process was formally initiated by the Avon Town Council in November 2023. Since that time the scope of amendments has changed per direction by Traer Creek. Traer Creek added to the PUD Amendment application an application for extension of Vested Property Rights for Planning Areas K and RMF-1 (the upper hillside north of 1-70). The review process for the PUD Amendment and Vested Property Rights extension includes public hearing(s) and a recommendation by PZC. The Avon Town Council ("Council") acts with an Ordinance after conducting additional public hearing(s). The PZC recommendations will be provided to Council with approval of a Record of Decision. Per the Village (at Avon) PUD Guide, any PUD Amendment by any property owner requires the consent and approval of Traer Creek. This PUD Amendment application includes Traer Creek's application for extension of Vested Property Rights as a companion to the PUD Amendment application. These are separate applications that are reviewed concurrently under Avon's Development Code, but are combined with regard to the consent and approval of Traer Creek. SUMMARY OF APPLICATIONS: A summary of PUD amendments is located on Page 3 of the attached Application Narrative ("Attachment A"). The amendments were collaboratively developed and drafted by Traer Creek and Town staff. I have summarized some of the amendments in this report. A more detailed explanation of the amendments is included in the Narrative and other attachments. 970-748-4413 matt@avon.org Town Amendments: The Town's PUD amendments advance Avon's Community Housing efforts on Town - owned property by creating two new Community Housing areas tailored to each site. New Planning Area designations include: Community Housing 1 ("CH-1") and Community Housing 2 ("CH-2"). Planning Area CH-1 replaces portions of Planning Area D and Planning Area E — adjacent to the Eagle Valley Early Childcare and Development Center that is currently under construction on East Beaver Creek Boulevard. Planning Area CH-2 replaces Planning Areas Public Facilities 1 (' PF-1 ") for Lot 5, which is the property adjacent to Home Depot. The PUD Guide amendments recognize Community Housing as a use by right in these two new planning areas. This amendment neither affects any established Vested Property Rights that exist, nor does it affect or modify any of the other existing uses as found in the PUD. The Avondale Apartment project slated for CH-2 could advance forward in design with approval of these amendments. Currently, that project is in the middle of the design review process with the Village (at Avon) Design Review Board. A maximum of forty (40) dwelling units would be possible. If the CH-1 amendments are approved, the Town could move forward with a conceptual design process to determine final programming, density, and layout. Traer Creek is dedicating existing Lot 8 (approximately'/2 acre) to be included with a portion of Town owned PA-E to create the CH-1 housing site (approximately 1.2 acres) and the density would be capped at thirty-six (36) units. The images on the following page highlight the existing and proposed PUD Master Plan map changes. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 2 of 19 Existing PUD Map (above) — Proposed PUD Map (below) The PUD requires 500 units of "affordable" housing be constructed on the property. The housing requirements were negotiated and approved in a time when employee mitigation and a percentage of units were the rudimentary approach. The "trigger" to provide for the remaining required (256) units is at such both of the following conditions have been satisfied: 1) The Town has issued final certificates for Commercial Space within the property in the aggregate of 650,000 square feet of consolidated Gross Square Footage; and 2) the Town has issued final certificate of occupancy for an aggregate of 1,881 Dwelling Units. Currently, 368,573 square feet of commercial and 807 dwelling units are constructed or under construction. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 3 of 19 The likelihood of meeting both conditions (commercial and residential triggers) is low. Permitting Community Housing on CH1 and CH2 could facilitate earlier delivery of units if the Town can develop in these areas. Housing mitigation, forms of deed restrictions, and methods of employee mitigation have evolved greatly over the past 25+ years. An overhaul to the Community Housing standards — Section I — is included as part of the application. This section clarifies existing constructed units versus remaining unit requirements. The PUD Amendment would update rental (up to 120% Area Median Income) and ownership (up to 140% Area Median Income) guidelines for the balance of 254 units required. The Town's two housing sites would count toward the remaining required units. Additionally, resident -occupied deed restricted units could fulfill a portion of the remaining housing units requirements. All future remaining required units would be deed restricted. The PUD Guide would also cross reference with the Avon Community Housing Policies ("ACHP"), adding consistency with housing administration for all Avon Community Housing units. In order to better understand CH1, we have superimposed a Piedmont building (D) onto the Planning Area for scale. The building footprint, unit count, and height are all slightly larger than what could potentially fit on CH1. r Lk� ., a`IiLI Superimposed Building D on CHI Building D Piedmont Traer Creek Amendments: Amendments being requested by Traer Creek include a density increase to PA- C and PA-D, with a building height increase to 60' in these planning areas, as well as the ability via Special Review to apply for reviewing heights up to 74' for areas greater than 250' from the southern border of the railroad tracks. Traer Creek proposes to clarify and maintain the ability to construct up to 280 Dwelling Units in a cul-de-sac development with one point of vehicular access. The International Fire Code ("IFC") reduced the permitted number of multi -family dwelling units to 200 on a cul-de-sac with one ingress/egress route in 2003. Developing between 200 and 280 Dwelling Units could be realized in Planning Area I ("PA -I"), Planning Area J ("PA-Y), Planning Area K ("PA-K"), and/or Planning Area RMF-1 ("RMF-1"). Short-term rentals and the management of the Town's short-term rental licensing program were not in place when the Village (at Avon) PUD was initially approved. The intent is to formally recognize this use as permitted, similar to other properties in the Town Core on the valley floor. The PUD Amendment officially defines short-term rental according to AMC and includes this use in zones PA -A, PA-C, PA-D, and PA-J. Section B.6 of the PUD Guide is proposed to be amended to remove the minimum/maximum percentage of residential and commercial square footage in PA -A„ PA-F, PA-G, and PA-H. Buildout of PA-F, PA-G, and Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 4 of 19 PA-H is complete and there does not appear to be a compelling reason to keep a minimum commercial square footage in PA -A. Staff felt that it was important to maintain the residential character in the middle of the valley floor in PA-C and PA-D and therefore the maximum of 10% commercial in PA-C and PA-D would remain as a requirement. PROCESS: PUD Amendments to the Village (at Avon) PUD follow specific procedures as detailed in Section H of the PUD Guide. As this amendment is being processed as a formal application, Section H requires these types of applications be processed in accordance with AMC §7.16.060, Planned Unit Development (PUD), to be heard by both PZC and the Avon Town Council. The PZC shall review the PUD Amendment and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and make a final decision after conducting a public hearing. As part of this process, both the PZC and Council shall review the PUD Amendment according to the same approval criteria listed for Preliminary PUD development plans. Upon action by PZC, Staff will produce a Record of Decision for the PZC and provide this document to Council. This PUD Amendment will be memorialized through two readings of an Ordinance. The process for considering an extension of Vested Property Rights is set forth in AMC §7.16.140. The adoption of a Vested Property Right, or extension of existing Vested Property Right, is considered to be a legislative act approved by Ordinance. AMC Sec. 7.16.140(f) directly addresses Extension of Vested Property Rights, which states: (f) Extension of Vested Property Rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least six (6) months prior to the expiration of the vested property rights. No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(e)(2) shall be considered when determining whether to grant an extension to a vested property right. An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in Paragraph 7.16.140(d)(1) above shall apply to any approval for extension of vested property rights. Staff Review & Record PZC Hearing & Town Council Town Council Public Notice Of Decision 1st Reading 2nd Reading 'J PUBLIC NOTIFICATION/COMMENT: The Applications were publicly notified in the Vail Daily on October 31. Mailed notice was sent via United States Postal Service to all owners within 300' of the PUD. At the November 10, 2025 meeting PZC conducted a public hearing and continued the application until December 8, 2025. This followed the receipt of written and oral comments durign the meeting. Written public comments are attached ("Attachment F") to this report for review and consideration. The majority of written comments raise concerns with height and denisty changes. This is a summary of concerns raised in the written comments: Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 5 of 19 �dSea� e�� e�s*� eSeaQ,@1 c�`es Banks 0 ❑ ❑ ❑ ❑ Ferraro ❑ 0 0 0 ❑ Dandy ❑ 0 0 ❑ ❑ Bahr ❑ 0 0 0 ❑ Bruce ❑ 0 ❑ ❑ ❑ Kliem ❑ 0 0 ❑ ❑ Todd ❑ 0 0 ❑ 0 At the November 10, 2025 meeting, the concensus with PZC was that additional time is warranted given the number of amendments and the public comments received. After the Public Hearing was conducted, PZC provided direction to return with additional information and/or clarification on the following items: Community Housinq — There were comments regarding accelerating the "Remaining Community Housing" requirements. No changes to the Community Housing triggers have been made since the last meeting. If the PUD Amendment is approved as presented, PA-CH1 could permit up to 36 units, and PA-CH2 could permit up to 40 units. This could accelerate the provision of 76 units earlier than the existing trigger in the PUD Guide. Buildinq Form/Height— PZC desired graphics to better understand changes in the greater context (e.g. 3-D blocking/massing diagrams/maps) of the development. One Commissioner requested an East-West section through the valley floor in addition to the North -South sections provided in PowerPoint. The attached Powerpoint shows the existing/proposed heights across the valley floor, and new cross sections of the property. These visual representations show existing topography and illustrate scale of development. Street Network — The Engineered Grade exhibit showed a different road layout in Planning Area A. The PZC requested image(s) showing complete transportation network. The current master plan (2018) and the proposed road layout are provided for reference. Road alignments are conceptual and non -binding. Changes to road alignments are reviewed and approved administratively pursuant to the PUD Guide. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 6 of 19 Proposed Density — The PZC discussed density changes and questioned whether any visual representations could be provided to better understand changes. Vested Rights/Cul-de-Sac — The 280 units, and variation to International Fire Code ("IFC") for cul-de- sac development, was a point of discussion. The concern appeared to be related to the prevalence of wildfires in recent years, and the nature of a Mountainside development with potentially one point of access. Additional information was requested to better understand the regulations. Staff has reached out to Eagle River Fire Protection District ("ERFPD"). We have not received a formal response to this issue. In all developments, the requirements of ERFPD must be met. This includes local amendments to the IFC that may be more restrictive than the Town's adoption. Related, the Town of Avon adopted the International Wildland Urban Interface Code (" IWUI"). This code applies to the upper portions of the Mountainside development area. The IWUI code requires defensible space, emergency access, and ignition -resistant construction material requirements. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 7 of 19 Sprinkler suppression systems are now required for all single-family and duplex developments. This was approved through the most recent building code adoption process. It should be noted that an emergency siren system similar to Wildridge/Mountain Star would be required with a Mountainside development. The following commentary pertains to how this PUD Amendment conforms with the Review Criteria as established in AMC §7.16.060, Planned Unit Development (PUD). The PZC shall consider the following criteria as the basis for a recommendation on this PUD amendment: (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; Staff Response: This PUD amendment does not alter the intention or design of the underlying Village (at Avon) PUD in adding Community Housing as a distinct use within the affected planning areas. Creating Community Housing planning areas, and assigning density, will increase the choices for living and housing arrangements for the local workforce by offering dedicated housing options to specific government employees and childcare facility workers without competing with other free-market units within the VAA. Increasing density and Community Housing in the valley floor area, particularly within PA- C, PA-D, and PF-1, will also increase housing stock in areas where existing utilities, road infrastructure, and transit facilities exist. Open space provisions, landscaping requirements, and other environmental protection standards remain in place. (ii) The PUD rezoning will promote the public health, safety and general welfare; Staff Response: This PUD amendment promotes the public health, safety, and general welfare in distinctly promoting the workforce who supports civic action, essential services, and in the childcare industry. All potential Community Housing residents contribute to the general welfare and sustainable workforce of Avon. Increasing development potential in the valley floor between Chapel Square and the existing Piedmont apartments is supported by the Development Code. Updates to the PUD Guide language bring relevancy to current development patterns and add to the general welfare of the community by providing cohesiveness with the rest of the Town Core. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 8 of 19 Concerns over compatibility have been presented for height and/or density changes. The potential impacts of these proposed changes should be reviewed carefully in the context of neighboring development and future potential development within the PUD. (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); Staff Response: This PUD amendment is in alignment and conforms to both the recently updated Avon Comprehensive Plan, and the Avon Community Housing Plan while not affecting the Comprehensive Plan in how the Village (at Avon) PUD is currently captured in these documents. The amendment also is in alignment with the purposes of the development code, as Community Housing is supported within the AMC. Advancing the right to construct Community Housing on existing Town property, and property deeded by Traer Creek, could accelerate the inclusion of additional locals -only housing stock in central valley floor locations. The PUD Guide and CARADA require the Town to use the 1996 Comprehensive Plan. The 1996 Comprehensive Plan includes very brief language specific to the Village (at Avon) [formerly referred to as the Stolport] which does not provide any meaningful guidance for consideration with the requested PUD amendments. Housing policies in the 1996 Avon Comprehensive Plan seek to add attainable workforce housing for all new development, regardless of the size of development. The Vested Rights Extension application acknowledges the up front housing commitment from Buffalo Ridge in 2001- 2002, but does not propose advancing additional housing strategies as part of the extension. Other general goals and policy areas of the 1996 Comprehensive Plan are relevant, especially with regard to housing. Section C of the Comprehensive Plan includes these supporting statements, reinforcing some of the PUD Amendments: Goal C2 Provide for affordable housing for permanent and seasonal residents that is attractive, safe and integrated with the community. Policy C2.2 Wherever possible, affordable housing will be integrated with, rather than be separate from, the rest of the community. Policy C2.3 Affordable housing that is assisted by or required by the Town, will include provisions for maintaining affordability. Examples include rent and resale price limits, as currently exist in the Wildwood Townhomes development. Policy C2.4 The Town will encourage, and the extent practical, participate in the development of affordable housing. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 9 of 19 (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; Staff Response: This PUD amendment will not impact the infrastructure serving existing parcels and planning areas. Town staff has been working collaboratively with Traer Creek on the overall valley floor road network, including two new roundabouts on East Beaver Creek Boulevard. As part of the overall planning process, the corresponding utility network has been coordinated with applicable providers, including water and sewer. Town staff is currently working with other utility providers on masterplan-level infrastructure in the valley floor and on the north side of Interstate 70 in PA-J. Individual projects require utility verifications as is typical with new construction. The Town is actively working to extend and utilize the raw water system for exterior irrigation of landscaping in public ways and other projects, as available. Increased density from 18 dwelling units to 40 dwelling units in PA-C and PA-D does not change the overall density of the development. The valley floor is well-equipped to handle this density with multiple East-West roads, multi -use paths, and transit infrastructure. It should be noted that the PA -A, PA-C, and PA-D areas are in the valley floor adjacent to "Town Core" and Town Center zoning, where density limitations have been eliminated. I have found that minimum parking regulations and topography, not density caps, are the predominant limiting factor to building density on properties. A detailed trip generation analysis was provided to the Town in November 2024. The purpose of the study was to compare trip generation from the original 1998 study to existing and proposed development in the valley floor. The previous (1998) road layout included one major east -west roadway to connect from Avon Road to Post Boulevard. The current plan includes two east -west roadways. Trip generation decreases by approximately 30% with the currently planned land uses. (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; Staff Response: This PUD amendment will not result in physical development, rather, it is the first step before development design may occur. Importantly, the Village (at Avon) has already been through the required analysis for environmental impacts and mitigation thereof during that entitlement process, and these parcels have been deemed buildable. Through the development process, all impacts directly related to the construction of an apartment complex, childcare facility, retail, and housing will be evaluated through these specific designs. Storm water management at the PUD level is being coordinated and closely reviewed by the Engineering Department and the Town's contracted subconsultant team. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 10 of 19 significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: In general, the proposed PUD amendments will not reduce the development potential of any other parcel in the VAA PUD. The amendments result in focusing development on areas that are served and/or serviced by existing utilities and infrastructure. Common impacts to consider (as cited above in criteria vi.) with all zoning amendment applications include traffic, change of character, and intensity of use. The application seeks to increase density and building height in PA -A, PA-C, and PA-D. Changing density from 18 dwelling units to 40 dwelling units provides the opportunity and right to build more units in areas that are served by existing infrastructure. It is unlikely that a project with 40 dwelling units per acre could be constructed and still meet other development parameters (primarily parking), however, project types continue to evolve based on demand and smaller units may become more desired in the future. In the Town Center (TC) zone district the historical density limitation of 30 dwelling units per acre was removed in order to recognize that other limitations (e.g. water availability, parking, setbacks) would govern intensity of use. The PUD Guide currently includes a unique definition for calculating building height. Building Height means the distance measured vertically from the reference elevation (defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping roof (also referred to as the parallel slope method and depicted by diagram in Section 7.08.010 of the Development Code, as in effect on the Effective Date), but excluding from the calculation of Building Height any non -habitable Architectural Projections. The "reference elevation" shall be: (i) within Planning Areas I, K, RMF-1 and RMF-2, the Natural Grade (ii) within the portions of Planning Areas A, D and E located less than 250 feet from the southerly boundary of such Planning Areas, the existing grade as exists on the date of execution of the Settlement Term Sheet (iii) within the portions of Planning Areas A, D and E located 250 feet or more from the southerly boundary of such Planning Areas, and within all other Planning Areas, the Finished Grade "Natural Grade " is defined as "the elevation of the ground surface in its natural state, before man-made alterations. " I speculate that "Natural Grade" was chosen as the "reference', or datum, basis to calculate height in PA -A, PA-D, and PA-E along the southerly boundary because of expressed height concerns and the desire to provide surety with potential future development. It is impossible to know what the ground surface would be in its natural state because of changes over the last several years. East Beaver Creek Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 11 of 19 Boulevard has been partially constructed. Grading work is also currently taking place on the property. A new term "Engineered Grade" was decided upon as the new reference moving forward because the engineered grading plans for new road construction in the vicinity of PA -A and PA-D present a practicable standard that provides functional public improvements on one hand, and also provides surety with the potential development. (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. Staff Response: Even with modifications to the proposed building heights, the scale and character of the proposed development should be compatible. The PUD has always limited building heights for the southern portion of the valley floor between East Beaver Creek Boulevard and the railroad tracks. The intent is to taper the building height as it approaches the Eaglebend neighborhood to the south. The maximum building height is 55' for PA -A. A setback for 55' building height was originally (1998) defined for areas south of Beaver Creek Boulevard, and 80' maximum height in PA -A in the area north of East Beaver Creek Boulevard. Due to changes in the roadway layout, the building setback line was changed to 250' from the railroad tracks. The current amendments propose to increase the maximum building height to 60' by special review use permit for heights in excess of 55'. The special review use permit requires public notification and public hearing with PZC. Current PUD Map and 250' building setback The proposed CH-! Planning Area is composed of a portion of PA-D and a portion of PA-E. The current maximum building height is 48' for PA-D and 35' for PA-E. If approved, the maximum building height of a Community Housing project on CH-1 would be 48' from the height of the existing topography today. The scale of a housing project on this site must be reviewed carefully; the adjacent building heights for buildings along the south side of Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 12 of 19 the railroad tracks are generally not more than 30'-35'. The railroad tracks, setbacks and easements would create an approximate 130' buffer between structures on either side of the tracks. I am providing the following recommended findings for consideration by PZC when taking action on the PUD Amendment Application: GENERAL FINDINGS PURSUANT TO AMC §7.16.020, General Procedures and Requirements: 1. The application is complete and provides sufficient information for PZC to determine that the development application complies with the review criteria. 2. The application complies with the goals and policies of the Avon Comprehensive Plan as documented within the staff report; and 3. Demand for public services does not increase as the overall development standards, including overall density, does not change. PUD FINDINGS PURSUANT TO AMC §7.16.060, Planned Unit Development (PUD): The PUD amendment confers a benefit to the Town by dedication of Lot 8 and permitting additional Community Housing units on Town properties, 2. The PUD amendment promotes public health, safety and general welfare, in preparing the subject planning areas to recognize Community Housing units dedicated to our essential workforce. 3. The PUD amendment is consistent with the Avon Comprehensive Plan and the purposes of the Development Code. 4. Facilities and services (including roads and transportation, water, gas, electricity, police and fire protection and sewage and waste disposal, as applicable) are available to serve the subject property while maintaining adequate levels of service to existing development. 5. The PUD amendment will not result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, as such impacts have been substantially mitigated through the development of the overall Village (at Avon) PUD. 6. The PUD amendment will not result in significant adverse impacts upon other property in the vicinity as the potential future buildings on PA -A, PA-D, and CH-1 will be buffered by a horizontal distance ranging from not less than 130'- 270' from existing structures to the south; and 7. Future uses on PA-D and proposed CH-1 will be primarily residential and compatible with existing established residential development on Eaglebend Drive. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 13 of 19 Avon's vested property right regulations are in general alignment with state statute. An Ordinance and site "specific development plan" are required to establish vesting and extend. The PUD Guide and PUD Master Plan constitute the site specific development plan requirement. Similar to state statute, vested rights are generally established for a three (3) year period unless a development agreement accompanies the request and stipulates a longer timeframe. While vested rights periods greater than three (3) years have been granted in the past, periods greater than 15-30 years is unique to the Village. Avon has approved the following Vested Property Rights besides the Village (at Avon). 1. Sheraton Mountain Vista: Vested Property Rights granted in 2000, 4 years for 1st phase, 8 years for 2nd phase, 12 years for 3rd phase. 1st phase was built, vested property rights expired without any extensions. 2. Riverfront Planned Unit Development: 12 years of Vested Property Rights approved in 2006. A 4 year extension was granted for Lots 4-7 in 2017. In 2019 a 3 year extension was granted for Phase 1 and 4 year extension was granted for Phase 2 of the Lot 1 development. The entire project should be fully developed by the end of this year. 3. Base Camp (formerly Red Housing) Planned Unit Development: 7 years of Vested Property Rights approved in 2009. Project was fully developed in 2021 (2nd phase was developed after expiration of Vested Property Rights). The Village (at Avon) Annexation and Development Agreement was originally approved on October 30, 1998 and provided a thirty-five year vested right until 2033. The original approvals included the agreement to refrain from collecting certain taxes. The CARADA was approved on October 22, 2013, which approved an additional six (6) year extension of the Vested Property Rights until October 21, 2039. A full economic analysis of tax credits and fees is attached ("Attachment F) to highlight public improvement projects and the status of finances. In order to extend the vested rights terms further than 2039, a list of considerations are required. The following commentary pertains to how this Vested Property Rights conforms with the Guidelines established in AMC §7.16.140(e)(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. Guidelines to consider this extension request: Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 14 of 19 (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; Staff Response: The original vested rights term (35 years) and extension (6 years) considered market disruptions and the settlement period where development stalled from 2008-2014. All current development activities are taking place on the valley floor in Planning Area A, Planning Area E, and north of the interstate on Planning Area J. The "Mountainside" area has been analyzed for access with an exploratory road and borings in the past, however, there has never been a concerted effort to pursue development. The Mountainside is currently not served by water or sewer service due to the elevation above existing water tank. The Town of Avon, Traer Creek, and the Eagle River Water and Sanitation district are working on a preliminary design and feasibility study of additional water tank(s) at higher elevations to serve development in the Mountainside and other projects in the vicinity. The water tank(s) would also serve the East Avon Preserve and other private property on the north side of the Eagle River across from Eagle -Vail. It is unlikely to see completed development of the Mountainside by 2039 based on the time to plan, fund, and construct the necessary water and sewer improvements. (ii) Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; Staff Response: The Great Recession has been the most impactful economic cycle to the development investment since 1998. The Great Recession for the most part overlapped with the Town of Avon versus Traer Creek lawsuit from 2008- 2014. The settlement in the lawsuit included a six -year extension of the Vested Property Rights from 2033 to 2039. This guideline does not support granting an extension, although adverse economic cycles could occur during the remaining 14 years of the Vested Property Rights and beyond. (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; Staff Response: The market for mountainside properties in the valley have historically remained high, despite interruptions in the broader marketplace. Similar developments to PA-K (e.g. Mountain Star, Cordillera Summit) have taken 30+ years to fully develop. It is undetermined whether the market could absorb residential product in the Mountainside area. (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; Staff Response: The Village PUD and CARADA require the Town to use the 1996 Comprehensive Plan for review of compliance with the Avon Comprehensive Plan. The 1996 Comprehensive Plan includes very brief language specific to the Village (at Avon) [formerly referred to as the Stolport] which does not provide any meaningful guidance for consideration of extension of Vested Property Rights. Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 15 of 19 (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; Staff Response: The Village (at Avon) PUD envisions that the majority of the Mountainside would remain undeveloped. This is largely due to the steep topography leading up the hillside to the developable portions. Traer Creek is not directly proposing any other public amenities with the application. The primary public benefit that could be achieved in the Mountainside area would be public access from Planning Area P3 (community park) to United States Forest Service trails to the north of the development. Staff recommends that a soft surface trail corridor be designed and platted as part of any future subdivision process for PA-K and/or RMF-1. Construction of a trail could be required prior to occupancy of any residential development in PA-K or RMF-1. (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; Staff Response: The development of new projects in the Village will benefit the Town of Avon such that more development occurring sooner will directly create more financial benefit for the Town of Avon. The extension of Vested Property Rights does not inherently create any financial benefits on its own. The Town's Chief Financial Officer has begun to model the financial benefits and costs for operation and maintenance of public amenities (e.g. PA-8 park). The attached Memorandum ('Attachment X"") provides a snapshot of the current credit Public Improvement Fee (PIF) cap, revenues, and projects with development in the valley floor. If a road and water utilities are extended into the Mountainside area they will be at the expense of Traer Creek and independent of the attached modeling. (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; Staff Response: The extension of the existing Vested Property Rights for the Mountainside area is a limited scope. It is difficult to determine how development of the Mountainside would vary if subject to current or future (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; Staff Response: The existing Vested Property Rights expire at the end of 2039. At the time of vested rights expiration, the PUD Guide and PUD Plan map would continue to be Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 16 of 19 supportive of future development. However, the PUD Guide should be updated in 2039 to eliminate AMC exceptions. (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 Staff Response: The corresponding PUD Amendments and CARADA amendment ('Attachment D') address changed conditions. Traer Creek has not proposed any additional modifications to the existing entitlement documents. (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. Staff Response: I expect additional considerations may become apparent through the review process. The very nature of Vested Property Rights is a decision by Council today, which restricts the discretion of a future Council. Given the fact that 14 years exist in the vested term. At the November 10, 2025 PZC meeting, there was general concern with the extension of a 280 unit density allowance for a single point of access to PA-K/RMF-1. The Commission wanted to learn how the extension of this provision could impact safety (e.g. wildfire danger) in a mountain side community. Appendix D of the International Fire Code limits single -route access to developments over 200 Dwelling Units. Appendix D originated to provide safe access for fire apparatus to protect structures. In addition to limiting the number of dwelling units, Appendix D includes width, vertical clearance, and turnaround requirements. Section 1.13 of the PUD Guide deals with the relationship between Eagle River Fire Protection District requirements and the Town's adopted standards. The section states: Residential Fire Suppression Systems. All single-family and multi- family residential structures constructed in Planning Area RMF-1 and in Planning Area K shall include fire suppression systems as required by applicable Eagle River Fire Protection District regulations, as may be amended from time to time and applied on a uniform and nondiscriminatory basis within the Town. With Respect to Planning Area RMF-1 and Planning Area K, the Town may enforce the applicable Eagle River Fire Protection District regulations but may not adopt or apply any residential fire suppression system regulations which are more stringent or inconsistent with residential fire suppressions system regulations adopted by the Eagle River Fire Protection District for Planning Area RMF-1 and Planning Area K. As noted, the Town of Avon adopted the IWUI in 2015. The IWUI includes defensible space requirements to further protect roadways and structures that are located in areas such as the Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 17 of 19 "Mountainside". The Eagle County Wildfire hazard map rates the Mountainside area as Moderate. A i / Eagle County Wildfire Data r , FireShed Very High FeeShed High FeeShed Moderate FaeShed Low hk Buffer High a Buffer Moderate Buffer Low Minimal Like! Exposure Eagle County Wildfire Hazard Rating Map The following findings are being provided for consideration by PZC and Town Council:: (i) The magnitude of public infrastructure necessary to access and develop the Mountainside is beyond current means due to the present focus of highly impactful projects currently being developed in the valley floor elsewhere in the PUD. (ii) Full development of the Mountainside in the current vested property rights term is implausible due to the type and location of the planned development. (iii) The scope of the Vested Property Rights is limited to areas that are inherently difficult to service, and do not contribute to the public benefits associated with other commercial and mixed -use development that would present measurable and tangible public benefits. The Commission can act on the two applications together, or provide separate recommendations. Additionally, If additional application materials are desired by the Commission to determine compliance with the criteria, additional information can be required. According to AMC §7.16.020(f)(2): Authority to Require Additional Studies: Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 18 of 19 "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." PZC can also add specific recommended conditions as part of motion(s). AMC §7.16.020(f)(4), Conditions, reads: "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." PZC ACTION OPTIONS: The PZC has the following options: • Recommend Approval as proposed. • Recommend Approval, with defined Conditions. • Recommend Denial after formulating findings *Continue to future Public Hearing. RECOMMENDED MOTION: "I move to recommend Town Council approve the PUD Amendment and Vested Property Rights Extension, based on general conformance with Review Criteria, Guidelines, and recommended Findings as outlined in the staff report." Thank you, Matt ATTACHMENT A: Narrative prepared by Mauriello Planning Group ATTACHMENT B: PUD Guide Strikethrough ATTACHMENT C: Engineered Grade Exhibit ATTACHMENT D: First Amendment to CARADA ATTACHMENT E: PowerPoint from Traer Creek, dated December 8, 2025 ATTACHMENT F: Public Comments ATTACHMENT G: Financial Status of Village (at Avon), prepared by Avon CFO Paul Redmond Village (at Avon) PUD & Vested Property Rights December 4, 2025 Page 19 of 19 Orr -Apr-- 'JOR L LAG E (AT 21t, XVO N PUD Amendment & Vesting Extension T R A E R CREEK ATTACHMENT TEAM DIRECTORY Ownership: Legal: Marcus Lindholm Traer Creek LLC Munsey Ayers 970.390.8651 Otten Johnson Robinson Neff & marcuslindholm@TraerCreek.com Ragonetti PC 303.575.7555 Michael Lindholm munsey@ottenjohnson.com Traer Creek LLC 970.390.8619 Outreach and Communications: michaellindholm@TraerCreek.com Kristin Kenney Williams Market Analysis: Commfluent 970.390.0062 Richard Gollis kristin@commfluent.com The Concord Group 949.717.6450 Architecture: rmg@theconcordgroup.com Harvey Robertson Entitlements: RMT Architects, PC 800.587.7058 Dominic Mauriello harvey@rmtarchitects.com Mauriello Planning Group, LLC 970.376.3318 dominic@mpgvail.com Allison Kent Mauriello Planning Group, LLC 970.390.8530 allison@mpgvail.com Page 2 of 23 ATTACHMENT SUMMARY OF AMENDMENTS PUD Amendment Item Description Team Rezone portions of PAE and PAD to CH-1. Traer conveys Lot 8 to TOA, which shall be included in CH-1. Planning Area E (Lot 3) This will allow 36 AMI restricted for sale DU with a Planning Area D (Lot 8) building height of 48'. Modified setbacks to allow TOA flexibility. Domestic water service to DUs from water bank, will count towards total PUD requirement for Community Housing. Rezone this parcel to CH-2. Permit 40 AMI restricted rental DUs, increase height to 60' / 4 floors for community housing, other provisions related to Public Facility-1 (Lot 5) community housing, parking. Domestic water service to TOA DUs from water bank will count towards total PUD requirement for Community Housing. Additional restrictions to prevent parking on adjacent private commercial land. Modify Affordable Housing in Section I to a new Community Housing section, including standards of up PUD Community Housing to 120% AMI rental and up to 140% AMI ownership. Standards Also allows for 85 units of Community Housing TOA obligation to be resident occupied. Allows for an exemption on income levels for Town employees for 14 months. Allow Community Housing in PAA, PAK. International Fire Code could be interpreted to restrict to Maximum DU on cul-de- 200 DUs on cul-de-sac, PUD allows 280 DUs on cul-de- Traer Creek sac sac. Clarification to PUD Guide for current allowance of 280 DUs (PAI, PAJ, PAK, RMF1). Planning Area D and Allow 40 DU per acre, increase max building height to Planning Area C 60' (5 stories), beyond 250' of southern border up to 74' Traer Creek (6 Stories) as special review use. Planning Area J Front setback change from 20' to 10', building height of Traer Creek 60' and 5 stories for residential uses. Added as use by right in certain planning areas including TOA Short Term Rental corresponding Town parking requirements. TOA to Traer Creek collect PIF. Remove commercial floor area min. and max. limitations. Within 250' of the southern boundary line, TOA Planning Area A building height increase from 55' to 60' with a SRU. Traer Creek Beyond the 250' line an increase in building height from 80' to 110' for residential uses as an SRU. Vested Rights Extension of vested rights for PAK, RMF1, Block 3-PAJ Traer Creek (all north of I-70). Page 3 of 23 ATTACHMENT Additional items within the PUD Guide have been amended to clean up technical items that are not substantive. These are red -lined in the draft, but have not been summarized within this narrative. Page 4 of 23 ATTACHMENT INTRODUCTION The Town of Avon ("TOA") and Traer Creek ("TC") have been working cooperatively on a series of amendments to the Village (at Avon) PUD. The application to amend the PUD with the TOA was originally submitted in March of 2024. TC and the TOA have spent the last year working through numerous issues that have come out of discussions related to the original amendment and new issues brought forward by the TOA staff and TC. The proposed application represents a true jointly developed amendment with both staff and the applicant in agreement on the details. The original Village (at Avon) PUD was adopted in 1998, and has been amended numerous times, with the most recent amendment approved September 11, 2018. The PUD allows for a total of 2,400 dwelling units (including community housing units) and 825,000 sq. ft. of commercial space. The PUD also provides a Community Housing Plan, which outlines the triggers for the provision of Community Housing based on the completion of various levels of development. Currently, 244 Community Housing units have already been constructed within the Village (at Avon). Traer Creek's proposed PUD amendments are described in the table summary above and again here: • The International Fire Code limits the number of units on a cul-de-sac to 200 dwelling units. The PUD already allows for 280 dwelling units on a cul-de-sac, but clarity is provided to ensure that this allowance remains into the future. • In Planning Areas C and D increase building height from 48 ft. to 60 ft limited to 5 stories. Any building beyond 250 ft of southern boundary of the PUD may request up to 74 ft. (and 6 stories) in height by Special Review Use. • Increase density on Planning Areas C and D from 18 units to 40 units per acre. This density change does not affect the 2,400 unit cap. • In Planning Area A, allow for a maximum building height of 60 ft. (currently allows for 55 ft.) for areas located less than 250 ft. from southerly boundary line by special review use; and allow for a maximum building height of 110 ft. (currently allows for 80 ft.) by special review use for residential and hotel uses located more than 250 ft. from the southerly boundary line. • In Planning Area A, eliminate the minimum and maximum percentages of residential and commercial floor area. • In Planning Area J, modify front setback requirement from 20 ft. to 10 ft. and modify height to 60 ft. and a maximum of 5 stories for residential uses and vertically -integrated mixed use projects. • Added short-term rental in certain Planning Areas, based on Town's requirements for short- term rentals. • Provided clarification on existing and engineered grade to create an objective datum. This submittal also covers an extension of vesting of "mountain side" parcels, which is not a PUD Amendment, but instead a change to the Development Agreement. • The PUD is currently vested for 15 more years, to 2039. We are requesting an extension of vested rights as described below: Planning Areas K, RMF1, and Block 3 of Planning Area J for an additional 20 years, to 2059. Page 5 of 23 ATTACHMENT The TONs proposed amendments are addressed in a separate submittal narrative, but include the following: • Planning Areas E and D - PAE (Lot 3) PAD (Lot 8) - Lot 3 is currently within PAE and is identified as a school site. Lot 8 is currently part of Planning Area D (PAD). A portion of PAE is proposed to be rezoned to a new CH-1 Community Housing District. A density of 36 DUs would be allowed. As currently proposed by this amendment, CH1 will allow for the site to be used for community housing. An increase in the allowable height from 35 ft. to 48 ft. is proposed for community housing. These 36 DUs are counted towards the total 2,400 density allowance and will count toward the Community Housing obligation. • Public Facility 1 - PF1 (Lot 5) - PF1 is proposed to be rezoned to CH-2 and restricted to 40 rental AMI restricted DUs. These 40 DUs are counted towards the total 2,400 density allowance and will count toward the Community Housing obligation. An increase in the allowable height from 35 ft. to 60 ft. and 4-stories is proposed for Community Housing. • PUD Community Housing Standards - Adding Community Housing standards stating that Community Housing units can serve up to 120% AMI for rental and up to 140% AMI for ownership. A provision allowing for RO (resident occupied housing) is also included. This includes a change in terminology from "Affordable Housing" to "Community Housing" to closer align with the TOA's nomenclature. 85 units of Community Housing are allowed to be Resident Occupied. • All Planning Areas allowed to participate in the development bonus provisions included in the Avon Municipal Code In addition and to supplement the proposed PUD amendments, there are various agreements between TC and the TOA that also require updates and amendments. These have been submitted under separate cover. Page 6 of 23 ATTACHMENT BACKGROUND TC was named after a small creek on the north side of 1-70 east of what has become Traer Creek Plaza. Founded by Oscar Traer in 1891, he rode with another local rancher to Central City to "prove up" their respective claims under the federal Homestead Act. Located on an 1,800-acre mixed -use land parcel in the heart of the Vail Valley between Eagle -Vail and Avon and just west of Vail Village. The Village (at Avon) property was purchased from Bill Nottingham in 1992 and annexed into the TOA in 1998. TC is committed to community oriented, environmentally focused and aesthetically pleasing projects. Core goals of Traer Creek are to instill a sense of pride in the community and lower the cost of living in the Vail Valley. The Village (at Avon) is a large Planned Unit Development (PUD), approved for up to 2,400 homes and 825,000 square feet of commercial space. Annexed into the TOA the land stretches from the east end of Chapel Square to Traer Creek Plaza, Wal-Mart and Home Depot, to the newly -constructed, Marriott -branded hotels and Maverik convenience store and gas station, to parcels north of 1-70. To date, 354,983 square feet of commercial space, 243 hotel rooms, and 484 apartments, including 244 community housing apartments, have been built. In addition, roughly $70 million in public infrastructure was constructed in connection with the initial phases, including a new 1-70 diamond interchange exit, Post Boulevard, six roundabouts, a Union Pacific Railroad underpass, and other public infrastructure. The Village (at Avon) has more than $80 million in infrastructure investment by the Traer Creek Metropolitan District (with financing provided by Traer Creek), with more to come. To summarize contributions made • Recognizing the importance of providing Community Housing, Traer Creek is the only landowner in Avon who has met and exceeded its obligations for Community Housing in the first phase of development. Buffalo Ridge was constructed and opened in 2003, with 244 Community Housing units — 144 more units than required by the PUD in the first phase of development. • A recycling site was provided to Eagle Valley Alliance free of charge to create a neighborhood recycling program (now located at the TONs Lot 5). • Traer Creek kept Wal-Mart in Avon (and its tax revenues versus going to a down -valley location) as well as brought Home Depot into the project area (both stores opened in 2003.) Both stores are helping significantly with lowering the costs of living and construction in the Vail Valley. As part of the Wal-Mart relocation, Traer Creek filled the former Wal-Mart building by completing complex leases with Sports Authority, Office Depot and Pier 1 and then later with Sun and Ski, Appliance Factory and Mattress Kingdom. • Traer Creek brought a forward -thinking environmental -friendliness to Avon. Traer Creek Plaza, which opened in 2006, was the first LEED-certified mixed -use commercial building in Eagle County, and it inspired other projects to follow suit, including the Westin and Traer Creek Ambulance Response Station. Page 7 of 23 ATTACHMENT • The Plaza building, Wal-Mart and Home Depot have award -winning architecture designed by the world-renowned and late Arthur Erickson, enhancing Avon's attractiveness. • Financing the construction of a 2-million-gallon water tank by the District for the water authority's operation, which is now online and operational, providing a region wide benefit, including for fire suppression. • Further financial benefits to the TOA by way of the Village include about $250,000 annually in property tax, and $400,000 for an asphalt overlay contribution. • The District, funding meaningful infrastructure projects, is in a healthy financial situation; the outstanding debt of the District was refinanced in 2020 at a lower interest rate with a favorable principal amortization schedule. • The construction of the 1-70 interchange Exit 168 in the first phase of development, which fundamentally improved traffic congestion on Avon Road. • TC donated to Eagle County Health Services District a site by 1-70 for an emergency response ambulance facility, which has cut emergency response times for anyone experiencing a life -threatening emergency in the neighboring community, including in Avon. Following is a summary list of Traer Creek or District obligations under the Annexation and Development Agreement, as amended, including the Consolidated, Amended and Restated Annexation and Development Agreement, and the PUD Guide: 1. Exit 168 was funded and completed by the District on time and at no cost to the TOA in the first phase of development; 2. The Highway 6 connector road (Post Blvd.), including water and sewer utilities, a bridge and railroad underpass, was completed on time and at no cost to the TOA by the District; 3. East Avon and Chapel Place cash contribution obligations (satisfied by the District) and for public improvement include $2 million and $100,000, respectively; 4. East Beaver Creek Blvd. improvements by the District completed in phases on time and at no cost to the TOA; 5. The District funded and built Swift Gulch Road on time and at no cost to the TOA; 6. TC had an obligation to convey four buildable acres to the TOA for a public works facility that included a fire station. Ultimately, Traer Creek agreed to convey a four -acre site to the TOA for a public works facility, as well as an additional 1.231-acre site for a fire station to Eagle River Fire Protection District. These parcels were conveyed on time and at no cost to the TOA. In connection with the current proposed PUD Amendment, TC is agreeing to expand the use on the TOA's parcel, also known as "Lot 5," to include community housing. 7. While not obligated, TC dedicated, at no cost, just over half an acre of turn -key land next to 1-70 exit 168 to Eagle County Health Service District. The conveyance resulted in reduced response times to the center of Avon, Minturn and EagleVail; any reduction in response times, even just some seconds, can mean the difference between life and death. 8. TC reimbursed the TOA $50,000 for all third -party consultant fees to review the Annexation Agreement. 9. TC was obligated to convey land or cash -in -lieu to Eagle County School District, however, the school district stated that is does not anticipate needing a school site in the foreseeable future. As opposed to never receiving a school site, Traer Creek conveyed, at no cost to the TOA, 3.536 acres across from the Piedmont Apartments with access to all needed utilities on the valley floor. This parcel is part of the current proposed PUD Amendment that would allow for an early childcare facility and community housing. In the future, TC is further committed to convey an additional 3.764 acres within Planning Area I. Page 8 of 23 ATTACHMENT 10. The District paid the Town $200,000 on time for the Highway 6 recreational trail. 11. The TOA receives a 4% sales tax on the combined 4.75% retail sales fee and add on retail sales fee revenues collected from Village retailers (effectively creating a 0.19% tax on retail sales within the Village). Additionally, the TOA receives the 0.75% add on retail sales fee revenues. Lastly, Eagle County remits to the TOA a 0.15% sales tax rebate from Eagle County tax revenues from retail sales within the Village. As such, the TOA effectively receives a total of 1.09% in sales fee and tax revenues on sales within the Village. To date, assuming $130 million in annual retail sales and property taxes, the TOA has collected about $25 million. 12. While not obligated to do so, Traer Creek, from 2002-2006, advanced about $10.5 million, plus interest, to cover District responsibilities for upfront public improvements required by the TOA as well as sales tax shortfall and municipal services. 13. Planning Area B, a Public Park area, was conveyed to the TOA to allow for parkland construction. Previously, the planned park area was to be financed by the District. Planning Area B will be designed by the TOA in close coordination with Traer Creek for Planning Area A. 14. TC has built a two -acre pocket park between Wal-Mart and Home Depot. Additional pocket parks and bike trails are obligated by future triggers. 15. TC paid $80,000 a year between 2015 and 2019 for asphalt overlay. 16. TC, with no obligation to do so, also paid about $85,000 for landscaping (and replacement of trees due to poor performance of the tree vendor) to further screen areas south of the railroad right-of-way. 17. At the request of the TOA but under no obligation to do so, in 2023, the District completed East Beaver Creek Blvd Extension Phase II. Page 9 of 23 ATTACHMENT CURRENT STATUS OF DEVELOPMENT The Village (at Avon) is an 1,800-acre entitled mixed -use project that includes retail, housing, open space and community infrastructure with thoughtful and sustainable design. Today The Village (at Avon) includes: • Traer Creek Plaza, a LEED- certified, mixed -use commercial building with approximately 26,000 square feet of leasable retail space on the first floor and about 18,000 square feet of leasable office space on the second floor in Planning Area G (PAG). • The 244-unit Buffalo Ridge housing Community Housing complex on the north side of 1-70 overlooking The Village (at Avon) and with views of Beaver Creek Mountain in Residential Multiple Family 2 (RMF-2). • The Ambulance District facility, the Fire Protection District Fire Station in Public Facility 2 (PF2). The Piedmont at the Village (at Avon) includes 240 rental units. (Source: piedmonts tp s.net) • Two valley floor parcels between Chapel Square and Traer Creek Plaza that were dedicated to the TOA for parks and educational purposes, respectively. • A Wal-Mart Supercenter and Home Depot with Tract E park between them in Planning Area H (PAH). • One parcel dedicated to the Town of Avon for a public works facility is located east of the Home Depot in PF1. • The 240 unit market rate rental apartment project known as the Piedmont in PAF and PAD. • A 243 room hotel (consisting of the Marriott's SpringHill Suites and TownePlace Suites brands) in Planning Area J (PAJ). • Maverik gas station in PAJ. • The Bosk apartments construction is now underway and will deliver 242 market rate rental units. (PAF) • The Vail Valley Foundation is currently constructing a daycare facility on land provided by Traer Creek to the Town at no cost (PAE). The Village (at Avon) Master Design Review Board is tasked with the tracking of the current development within the Village (at Avon), which is submitted to the TOA. As of July 2025, the Village (at Avon) is developed as follows: Page 10 of 23 ATTACHMENT Commercial Gross SF Dwelling Units Constructed (or being Planning Area Constructed or being constructed) constructed Market Rate Community The Village (at Avon) PUD tracking of dwelling units and commercial floor area provides the following: Use Commercial Gross SF Dwelling Units Permitted by PUD 825,000 2,400 Constructed (or being constructed) 368,573 807 Remaining 456,427 1,593 The Village (at Avon) PUD includes a Community Housing Plan. The Plan outlines the requirements for the provision of Community Housing units, based on certain benchmarks of development. At this time, 244 Community Housing units have been provided. The remaining obligation is for an additional 256 Community Housing units once the following conditions are satisfied: • Final Certificates of Occupancy are issued for commercial space of 650,000 sq. ft. of consolidated gross square footage. Page 11 of 23 ATTACHMENT • Final Certificates of Occupancy for are issued for 1,881 DUs (not including community housing units) There is then a second obligation to provide an additional 23 Community Housing units when Final Certificates of Occupancy are issued for commercial space for a total of 825,000 sq. ft. Below is an analysis of the progression made towards build -out since the original adoption of the Village (at Avon) PUD in 1998 to July 2025: Allowed Constructed (or being Percentage A constructed) Commercial Gross SF 825,000 368,573 44.7% Dwelling Units 2,400 807 33.6% Market DU 1,877 563 30.0% Community DU 500 244 48.8% Page 12 of 23 ATTACHMENT CRITERIA FOR REVIEW OF PUD AMENDMENT 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. Applicant Analvsis The proposed amendments do not significantly change the PUD's conformance with this criterion as the overall quality of the PUD is unchanged. Broadly, the PUD provides for a large-scale, master -planned mixed -use development. The uses, dimensional limitations and development standards, among other matters, set forth in the PUD will provide for flexibility in the development of The Village (at Avon) and will encourage innovative and coordinated development and design, consistent with Section 7.16.060 of the Development Code. The PUD provides for a mix of integrated uses and public facilities and amenities, including natural open space, community and pocket parks, trail and pedestrian connectivity, a diverse housing mix and retail and commercial services for The Village (at Avon) and the TOA as a whole. The Declaration of Master Design Review Covenants for The Village (at Avon) and The Village (at Avon) Design Review Guidelines provide for high quality design with respect to the built environment and preservation of open space and existing vegetation. The proposed amendments do not increase the overall permitted density within the Village, rather there is a reallocation to allow for more dwelling units and additional height within Planning Areas C and D to respond to the current market conditions. This furthers the goals of encouraging density on the valley floor and within established areas. The proposed additional height allowance also facilitates this goal. The proposed amendments result in more efficient use of existing streets, roads and other utilities and services, as well as increased choice of living and housing environments. The allowance for 280 units accessing off a cul-de-sac is currently imbedded in the PUD Guide, and has been established within there since the original adoption in 1998. More recent versions of the International Fire Code have adopted a standard which limits the number of units to 200. The proposed amendment to the PUD is included to note that the current standard of 280 remains in effect. The proposed application complies with this criterion. 2. The PUD rezoning will promote the public health, safety and general welfare. Applicant Analysis: The proposed amendments do not significantly change the PUD's conformance with this criterion as the overall impacts of the PUD are unchanged. Page 13 of 23 ATTACHMENT The existing PUD was found to promote the public health, safety, and general welfare of the community and the amendments proposed do not change this overall condition. The amendments do promote this criterion by increasing the choice of living and housing environments and opportunities within the TOA without new impacts being generated since the overall density and intensity of development within the PUD is unchanged. The proposed application complies with this criterion. 3. 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). Applicant Analysis: The Avon Comprehensive Plan provides the following regarding the Village (at Avon): The Village (at Avon) District is Avon's eastern gateway and when fully developed, it will generally be an extension of Town Center. The area is planned for commercial, residential, lodging, educational, and cultural/recreational uses. The District is characterized by high visibility from 1-70, generally gentle topography, and proximity to Town Center and other highly developed areas of Eagle -Vail. The District is managed by an independent Design Review Board that reviews development applications. The Village Design Review Board refers development proposals to the Town's Planning and Zoning Commission for comments, and not for approval, ratification, or disapproval. The Town should take an active role where possible in promoting positive development within the area. Site development elements, public design elements such as street alignments, streetscape furnishings, signage, and lighting should be coordinated between the Village (at Avon) and the Town. Planning Principles: Encourage and support development that: Creates strong auto, bicycle, and pedestrian connections between Town Center via both East Beaver Creek Boulevard and Chapel Place. Creates inviting public plazas, green spaces, water features, streetscapes, sidewalks, and other gathering spaces for public interaction. Creates inviting retail, restaurant, and entertainment uses on the ground floor of buildings through architectural detailing that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities. Sites offices, lodging, and residential uses above ground floor uses. Sites buildings of various sizes (but shorter than those found in the Town Center District) on the valley floor. Avoids large single -use buildings set back from the street edge that are surrounded by expanses of parking. Provides well -lit, pleasant pedestrian access from underground parking structures to public streets, paths, and buildings. Page 14 of 23 ATTACHMENT ► Provides shared parking structures and parking districts to accommodate vehicles without large expanses of ground level parking. ► Screens regional commercial uses from 1-70 with trees and berms to create a suitable gateway to the Town. ► Protects view corridors, ridgelines, U.S. Forest Service lands, and steep slopes from development. ► Landscapes properties to soften the visual impact of the structures. ► Preserves significant cultural or heritage resources and important views. ► Maximizes orientation to the river for connections and a riverfront park. ► Preserves all or part of the eastern hillside for open space or park space. ► Prioritizes eastern access on U.S. Highway 6 instead of a frontage road. ► Creates connections and trailheads through the District that connect to USFS land. (2017 Comprehensive Plan, pg. 36) The proposed amendments allow the PUD to maintain its compliance with the Avon Comprehensive Plan because the amendments promote urban center design goals of shifting density to developed areas adjacent to commercial services. The proposed amendments will produce public benefits by allowing residential density and height to the appropriate areas. As a PUD Amendment, the eligibility criteria are not applicable to this PUD amendment. The proposed application complies with this criterion. 4. 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. Applicant Analysis: The proposed amendments do not significantly change the PUD's conformance with this criterion as the PUD as a whole was found to address all of the issues raised by this criterion. Since the proposed amendments do not increase the overall density and intensity of development within the PUD other than to shift more to the valley -floor where infrastructure generally exists, there are no greater impacts to the facilities and services here. The proposed application complies with this criterion. 5. 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. Applicant Analysis: Page 15 of 23 ATTACHMENT The proposed amendments do not significantly change the PUD's conformance with this criterion as the PUD as a whole was found to address or mitigate all of the issues raised by this criterion. Since the proposed amendments do not increase the overall density and intensity of development within the PUD, there are no greater impacts to the issues raised here. The proposed application complies with this criterion. 6. 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. Applicant Analysis: The proposed amendments do not significantly change the PUD's conformance with this criterion as the PUD as a whole was found to address or mitigate impacts to property in the vicinity of the existing PUD. The following table provides a comparison of the current and proposed density and height allowances in Planning Areas A, C, and D. Planning Density Allowed Density Height Allowed Height Proposed Area (current) Proposed (current) PAA 25 dwelling units No change 55' within 250' of south 60' within 250' of south per acre boundary boundary with an SRU 80' remainder, up to 110' 80' remainder, up to 110' as Special Review Use as Special Review Use PAC and 18 dwelling units 40 dwelling 48' 60' within 250' of south PAD per acre units per boundary (5 stories) acre 60' / up to 74' beyond 250' as Special Review Use PAJ No change No change Single-family and duplex: Residential and Vertically- 35 ft. Integrated Mixed Use: 60 Multiple -family: 48 ft. ft. with maximum of 5 Mixed Use: 48 ft. stories It is challenging to understand the effects of the height increase without visualizations demonstrating similar heights. The applicant identified buildings throughout town and Planning Staff provided the heights on -record for those buildings. This analysis provided the following: Page 16 of 23 ' ,TOWNEpIACE =` 4,wi.I o. .SUITES ow_ -- - - q r y` 1 ATTACHMENT These examples show that the additional height is similar to many projects throughout town and are done in a manner that create an interest and variety throughout. The height of 1 Waterfront Way is most similar to that proposed for PAC and PAD for those areas within 250 ft. of the southern boundary of the PUD. With its varying roof form and articulated facade, it does not feel overwhelming to the street or pedestrian pathways adjacent. It is adjacent to much lower homes and fits seamlessly within the overall development. The Ascent, at 74 ft., is the height proposed as a Special Review Use within PAC and PAD. Due to the distance from neighboring properties, it will have little impact on the residential neighborhood to the south. The following map shows 250 ft. from the southern boundary of the PUD. It is shown for PAA, PAC, and PAD, as anything to the north of the line requires a Special Review Use for greater height limits (PAA = up to 110 ft., PAC and PAD = up to 74 ft.) Yellow line shows the approximation of 250' from southern boundary *44_ 04% , Additionally, RMT Architects has provided the following sections to graphically show the progression of allowable heights across the valley floor of the PUD. These help to put the height limits in perspective with existing buildings and improvements, and illustrates the distance from any adjacent properties: Page 18 of 23 ATTACHMENT PA�(�h PA.D The allowance for an increase in density in Planning Areas C and D does not increase the density of the PUD, which remains capped at 2,400 dwelling units. Instead, it shifts the density to the area where density is most desired and encouraged by the TOA, as evidenced in the Avon Downtown Development Authority Plan: DRAFT CONCEPT PLAN 2023 rouucRE.cEa AvoN TOWN— agH11— AVOIIDOWNTOWN DEVELOPI TOTAEACREAGE OfRROTOUDEDAAREA -Nd"ROWR.IACOf5MOfTHE TOWN OfAVON AUTHORITY Page 19 of 23 ATTACHMENT Planning Area C is another planned mixed -use area with 24 acres (before North Road construction) of potential development between Interstate 70 and the planned linear park system. Planning Area D includes the balance of mixed -use valley floor development potential, with 14.4 acres. This area is zoned for 18 units per acre and also includes hotel and guest accommodation possibilities, educational uses, and hospital uses. (pg. 5, Avon Downtown Development Authority Plan) Allowing additional building height in Planning Areas A, C, and D is not a change producing any type of "significant adverse impact" upon neighboring properties. The additional height is mitigated by this great distance, as well as the backdrop of the hillside and 1-70. Additionally, the allowance for a Special Use Permit request for additional height for areas greater than 250 ft. from the southern border of the PUD, ensures that the larger masses will be an appropriate distance from lower buildings adjacent to the PUD. The proposed application complies with this criterion. 7. 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. Applicant Analvsis: The proposed amendments do not significantly change the PUD's conformance with this criterion as the PUD as a whole was found to address compatibility in scale with uses on other properties within the vicinity. The change in density and building height still allows the PUD to remain compatible in scale with uses in the vicinity, as indicated in the analysis above. Additionally, the amendment to clarify maintaining the allowance of 280 units served by a cul-de-sac is consistent with other developments in the Town of Avon, such as Wildridge, which accesses over 800 dwelling units. The proposed application complies with this criterion. Page 20 of 23 ATTACHMENT GUIDELINES FOR VESTING EXTENSION The vesting extension requests are limited to Tract K, RMF1, and Block 3 of PAJ for an additional 20 years. The Village (at Avon) PUD Master Plan F-1 A.—A—i NnI The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period. Applicant Analysis: The Village (at Avon) encompasses 1,779 acres of land within the Town of Avon. Given the timeframe to deliver off -site and on -site infrastructure and improvements, the extension of vested rights is necessary to align with the TOA's and TC's vision. PAK is envisioned as large lot residential while RMF1 and Block 3 (PAJ) are mid -density residential. The pace of development in this area is restricted by the need for significant infrastructure outlay including the development of a water tank to serve the entire area and a significant roadway. Additionally the design and permit process for these areas will take years to complete. There is no real economic impact to the community by allowing this area to be one of the last that is developed within the PUD. The development of this area is likely 25 years out before it can be developed and absorbed into the marketplace. Traer Creek is requesting an extension to 2059, an additional 20 years. 2. Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles. Applicant Analysis: Resort economic cycles typically follow a similar pattern of boom and bust that is influenced by factors such as economic conditions and consumer confidence, along with Page 21 of 23 ATTACHMENT tourism and lodging trends. As evident in recent cycles, external events such as natural disasters, changes in government policies, or shifts in consumer preferences can also influence the timing and intensity of resort real estate cycles. Construction costs can also influence development cycles. All of this has played a role in the timing of development on the mountain side properties. 3. Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects. Applicant Analysis: The vesting extension request is only related to the mountain side residential development and thus has no impact on leasing and sales associated with commercial development. Design, development, and absorption of residential development in this area is mostly affected by infrastructure costs necessary to allow development to move forward. It will take 15-20 years to fully absorb residential product in this mountain side area once platted and developed. 4. Compliance with the Avon Comprehensive Plan and other community planning documents. Applicant Analysis: As indicated in the criteria for the PUD Amendment above, the extension of vesting rights for PAK, RMF1, and Block 3 are consistent with the Avon Comprehensive Plan, and the Avon Downtown Development Authority Plan. The vesting extension simply allows for additional time to complete projects with the Village (at Avon). 5. 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. Applicant Analysis: Due to the nature of the vesting request, it does not impact the provision of the public amenities and benefits of the Village (at Avon). Additionally, the overall attractiveness of Avon is preserved within the Village (at Avon) through their strong commitment to the Design Review process for all buildings within the PUD. A representative from the TOA also sits on the Village (at Avon) Design Review Board. The PUD, along with various agreements, provides and defines the triggers within the various Planning Areas to guarantee public amenities and benefits. 6. 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. Applicant Analysis: Given the scope of the vesting extension being requested, there is little financial or cost implications related to the vesting request. Public financial benefits are generally related to the development of the valley floor which is progressing. The mountainside Page 22 of 23 ATTACHMENT residential development lagging behind the other planning areas will not significantly affect these issues. 7. 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. Applicant Analysis: The TOA's ability to apply fees and/or regulations to the Village (at Avon) PUD are provided for within the PUD and various other agreements. These have been established historically and will remain in effect with the proposed vesting extension. The extension of vesting on the mountain side has little effect on these issues. 8. 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. Applicant Analysis: As part of this submittal and should the PUD Amendments and Extension of Vesting Rights be approved, all applicable agreements between TC and the TOA will be amended to reflect what has been approved. These proposed amendments have been submitted under separate cover. No existing site -specific development plans are affected by the vesting extension on the mountain side area. 9. 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. Applicant Analysis: As provided in this submittal, the proposed PUD amendments and vesting extension remain consistent with the Town of Avon Comprehensive Plan. The PUD amendments are proposed to address changing conditions since the original adoption of the Village (at Avon) PUD. All other site -specific development plans have been completed and there are no impacts to any site -specific development plans given the limited scope of the vesting extension. 10. Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Applicant Analysis: The applicant is happy to address any additional concerns by the Council during the review process. Page 23 of 23 ATTACHMENT B The Village (at Avon) See-ar1-dThird Amended and Restated PUD Guide , 2025 Pursuant to Section 7.16.140(d) of the Development Code: 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 the Avon Municipal Code as amended. �0.6-2985509.10 ATTACHMENT B Table of Contents TABLE OF CONTENTS Page A. PURPOSE/GENERAL PROVISIONS .......................... 1 1. Defined Terms...............................................................................................................................................................................1 2. Purpose............................................................................................................................................................................ . ...................1 3. Vested Property Rights..............................................................................................................................I............I............2 4. General Provisions .32 5. Applicability of Other Regulations...................................................................................................................... H5 6. Conflict 6 B. TOTAL PERMITTED DENSITY.............:..:............:..:............:..:............:..:...........::..::...........:..:............:..:...............................6 C. GENERAL LAND USE DESIGNATIONS......................................................:.............................................................10 1. Designations ...................... ..............._......10 2. Permitted Uses ..............:................:............:....:............:................................................................................................................. 11 D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD................... 11 1. General................................................................. 11 2. Planning Area A - Village Center Mixed Use Project.......................................................................12 3. Planning Area B - Community Facilities, -.16 4. Planning Areas C and D - Village Residential Mixed Use Projects. ...........................4718 5. Planning Area E - School............................................................................................................................. 2-021 6. Planning Areas F, G, H and I - Regional Commercial Mixed Use Projects..............22 7. Planning Area J - Regional/Neighborhood Commercial and Residential Mixed Use Projects .................................................... .................... �28 8. Planning Area K - Hillside Residential....................................................... ..............................................�031 9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family....................................3233 10. Planning Areas PI-P3: Parkland....................................................................................................................-3536 11. Planning Areas OS -0S7OS7: Natural Open Space .................__.... ...................... ,..,,..,,.,,,,�38 12. Planning Areas PF-1 -2 and PF-3: Public Facility...................................................................�39 13. Planning Areas CH-1 and CH-2 - Community Housing 41 E. SPECIAL REVIEW USE........4043 ....................................................................................................................................... l . Special Review Use Permit .................. _......4043 2. Application Filing and Processing................................................................................................................. 4043 3. Submittal Requirements for Special Review Use .. ............................................ ................ .............. 44-44 1 2985509.10 ATTACHMENT B Table of Ce tentsTABLE OF CONTENTS (continued) Page 4. Criteria for Review, Recommendation, and Approval of Special Review Uses ........................... .....4144 5. Amendments to Special Review Use Permit.......................................................................................4245 F. TEMPORARY USES AND STRUCTURES.................................._.............._.............._..................................4245 G. SUBDIVISION--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4345 1. General; Applicability................................................................................................................................................4345 2. Application Submittal Items................................................................................................... 46 3. Procedure.......................................................................................................................................................................................47 4. Criteria for Review and Approval........................................................................................................................47 5. Material Modification to Certain Street Connections .................................................................. 4548 H. DEVELOPMENT PLAN AMENDMENT PROCEDURES..................................................................4649 I. General,. 4649 2. Formal Amendments.............................................................................................................................................. 49 . — 3. Administrative Amendments ................................................................................................................................ 4649 4. Modifications Not Requiring Amendment............................................................................................4952 I. SUPPLEMENTAL REGULATIONS............................................................................................................................5053 1. Interim Uses ........................................................................................................................................................................... -5053 — 2. Solid Fuel Burning Devices -5054 3. Signs........................................................................................................................................................5054 4. Parking Requirements................................................................................... ........, ..... ..................... -55154 5. Surface Parking Landscaping Requirements ................................... ................................................. .....�54 6. Drainage Requirements.............................................................................................................................................54 7. Sidewalk and Trail Standards .............................................................................................................................. �55 — 8. Alternative Equivalent Compliance and Variances ..... ............ .....................................................�55 9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements....................................................................................................................................................................... . -5255 10. Wildlife Mitigation Plan...........................................................................................................................................357 11. Design Review Guidelines ..... :..:.... ...: ............................................................................................... -5457 12. Natural Resource Protection .................................................................................................................................. 6458 — 13. Residential Fire Suppression Systems............................................................,_.........,_.........,.......-458 14. Park, Recreation and Trail Access.................................................................................................................�558 ii 2985509.10 ATTACHMENT B Table of Ce tentsTABLE OF CONTENTS (continued) Page 15. A€fer-da Community Housing Plan....................................................................... -. . . . -�58 16. Provision of Certain Amenities .......................................................................................................................... -55,761 EXHIBITA Legal Description.......................................................................................................................................................... A-1 EXHIBIT B PUD Master Plan ................................................................................................................................................................. B-1 EXHIBIT C The Village (at Avon) Parking Regulations.............................................................................................C-1 EXHIBIT D Wildlife Mitigation Plan..............................................................................................................................................D-1 EXHIBIT E Minimum Design Guideline Standards.........................................................................................................E-1 EXHIBIT F Street Standards F-I EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD........ G-1 DEFINITIONS H4 EXHIBIT T1 Section 7.16.070 of Development Code................................................................................................... . 11-1-1 EXHIBIT I Definitions I-1 iii 2985509.10 ATTACHMENT B The Village (at Avon) Seeen Third Amended and Restated PUD Guide . 1 • , 2025 A. PURPOSE/GENERAL PROVISIONS..-. 1. Defined Terms. Capitalized words and phrases used in this PUD Guide have the meanings set forth in Exhibit ICI of this PUD Guide. Words and phrases which are not defined in Exhibit 1€1 of this PUD Guide but are defined in the Development Code shall have the meaning as defined in the Development Code. Where any word or phrase defined in Exhibit HI of this PUD Guide is the same or substantially similar to a word or phrase defined or used in the Development Code, the word or phrase defined in Exhibit HI of this PUD Guide shall be the sole and exclusive definition of such word or phrase. Any word or phrase which is not defined in Exhibit ICI of this PUD Guide and not defined in the Development Code, but is defined elsewhere in the Municipal Code, shall not be presumed to have the specific meaning given such word or phrase in the Municipal Code unless expressly stated herein. Notwithstanding any provision of this Section A.1, if, subsequent to the Original Effective Date, the Town amends from time to time any definitions set forth in the Development Code, the Master Developer -Landowner, in its sole discretion, may, from time to time, consider amendment of this PUD Guide to incorporate such amended definitions herein, which amendment(s), if any, shall be processed in accordance with the administrative amendment procedure set forth in Section H.3. 2. Purpose - (a) The Village (at Avon) PUD encompasses the Property, which is a large parcel of land under unified development control of the Master DeveleperLandowner (together with and on behalf of the Develepef^Affiliated Landowners) as of the Effective Date. This PUD Guide (including each Exhibit attached hereto) shall control the zoning, Uses, Development Standards, development application review procedures for the Property to the extent set forth in this PUD Guide, pursuant to Section 7.16.060 Planned Unit Development (PUD) of the Development Code, adopted pursuant to �0.6-2985509.10 ATTACHMENT B C.R.S. §24-67-104 and pursuant to the Avon's Home Rule Authority, which implements the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S. UEN ■. IF-W MIN ■ IX III UrPORMIX UTMA ■ • A& M• ■ -a WWA _„ _. • �� • .. . _ ■ 11 11111111111111110Wr (db) The purpose of this PUD Guide is to amend and restate in its entirety the n mende-IIJ�nd Restate Original PUD Guide to implement certain modifications thereto concerning, among other matters, Planning Afea-FAreas A, C, D, E, I, J, K, RMF-1, CH-1, and CH-2, the Community Housing Plan, applicable requirements and criteria pertaining to the maximum number of Dwelling Units that can be constructed on a cul-de sac. and clarifv certain matters with respect to the operation of Short Term Rentals. Accordingly, this PUD Guide expressly replaces and supersedes the Amended a RdOriginal PUD Guide and any additional or conflicting provisions of the Municipal Code with respect to the subject matter contained herein. 1650530.62 2985509.10 ATTACHMENT B 3. Vested Property Rights. The Development Plan and any subsequently appF, .,ed Preliminary Plans and Final Plats approved subsequent to the Original Effective Date, together with any amendments to any of the foregoing, constitutes an approved "site -specific development plan" as defined in the Vested Property Rights Statute and pertinent provisions of the Municipal Code. Without limiting the generality of the foregoing, the Landowners of the Property shall have Vested Property Rights to undertake and complete development and use of the Property as provided in the Development Plan, and as set forth in Section 2.4 of the Development Agreement. The Vested Property Rights so established shall be and remain vested for the "Vesting Term" (asinclusive of the Primary Vesting Term and Mountainside Vesting_ Term), as such terms are defined in the Development Agreement). Pursuant to the Municipal Code, as in effect on ex-e-eutien— date e Settlement T SheetOctober 7, 2011: Approval of the Development Plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16, of the Avon Municipal Code as amended. Upon and after expiration of the "Vesting Term" (as defined in the Development Agreement), this PUD Guide and any amendments thereto shall continue to be the zoning for the Property, provided that the Town shall have the authority, if any, to amend this PUD Guide without the consent of the Master DeveleperLandowner or any other owner of the Property, or any portion thereof, in accordance with applicable law. 4. General Provisions.... (a) Control Over Use, Location and Bulk. The Development Plan shall control the Use, location and bulk of Buildings and Structures from and after the Effective Date, and subject to compliance with the Development Standards set forth in the Development Plan for the affected Planning Area and any additional or more restrictive standards and requirements set forth in the Design Review Guidelines or the Design Covenant: (i) For any new Building or Structure, and any parcel of land or Site; and (ii) For any changes or extensions of Use of any existing Building, Structure, parcel of land or Site; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final location, Use and bulk of all future Buildings, Structures and improvements; and (iv) Any existing Building or Structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose or Use permitted or required by the provisions of this PUD Guide that is applicable to the Site in which such Building, Structure, Site or parcel of land is located, and for no other purposes or Uses. 1650530.63 2985509.10 ATTACHMENT B (b) Incorporation of PUD Master Plan. The PUD Master Plan, together with everything shown thereon and all amendments thereto approved by the Town subsequent to the Effective Date, is hereby incorporated by reference into this PUD Guide as Exhibit B. (c) Comprehensive Plan. The Comprehensive Plan applies to the Village at (Avon), and no amendments to the Comprehensive Plan approved by the Town subsequent to the Original Effective Date shall apply to The Village (at Avon). (d) Design Covenant. The Property is encumbered by and subject to the Design Covenant, which governs matters related to Uses and development of all or any portion of the Property. Where any conflict between the Design Covenant and the Development Plan may occur, the more restrictive provision shall govern. (e) Design Review Board. As contemplated by the Design Covenant, the Design Review Board has been organized to administer and enforce the Design Covenant and Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board shall have authority to review and is the sole and exclusive authority to approve the architectural design, landscape design, urban design and site design within the Property, subject to the Town Council's right of enforcement the Design Review Guidelines as set forth in Section I.11(c). The Design Review Board shall (i) refer to the Planning and Zoning Commission, for comment only and not for approval, ratification or disapproval, all development proposals submitted to the Design Review Board for portions of the Property located south of Interstate 70 and all portions of the Property located north of Interstate 70 other than Planning Areas K and RMF-I (with respect to which the Design Review Board shall have no obligation to refer development proposals to the Planning and Zoning Commission); and (ii) give prior written notice to the Director, or his designee, of each meeting of the Design Review Board at which the Design Review Board shall initially consider any submitted development proposal(s), which notice shall include the date, time, location and general subject matter of the meeting. At Master Develeper�Landowner's option, one or more separate design review beamsboards may be established with respect to such Planning Areas RMF4-1 and K. Such design review board(s) shall not be required to include any Town appointed representative as a member. The Town's approval of any building permit within the Property is conditioned upon the Town's prior receipt of a certificate of approval executed by the President of the Design Review Board. (f) Design Review Guidelines. Pursuant to the Design Covenant, the Design Review Board has prepared, approved and promulgated the Design Review Guidelines to supplement and complement this PUD Guide. Where any conflict may occur between the Design Review Guidelines and the Development Plan, the more restrictive provision shall govern. (g) Planning Areas and Boundaries, Road Alignments, Lot Lines. (i) The street and road alignments depicted on the PUD Master Plan are either designated thereon as either permanent, temporary (not permanent and 1650530.64 2985509.10 ATTACHMENT B intended to be replaced in the future) or conceptual alignments. Notwithstanding any contrary provision of this PUD Guide, until such time as made permanent or temporary in connection with an approved and executed Public Improvements Agreement, the conceptual alignments are non -binding and provided only for illustrative purposes to show one of various potential alignments and vehicular ingress and egress between Planning Areas. The alignment of future temporary and permanent streets shall be subject to review and approval by the Town in connection with subdividing the applicable portion of the Property and submittal by the Applicant of engineered road design plans, as set forth in Section G of this PUD Guide. The Applicant shall be required to submit engineered road design plans for, and shall be required to construct, only the portion of a street that is necessary to serve the phase and property subject to the applicable Application, and the Applicant shall not be required to extend or continue such street beyond the Property Line of the Site that is the subject of the applicable Application provided that such street terminates in a turn -around, cul-de-sac or like termination (temporary or permanent, as applicable) to permit emergency vehicle turn -around in accordance with the requirements of the Development Code. Notwithstanding the foregoing, if such street is depicted on the PUD Master Plan to extend and continue further than such phase and property subject to the Application and connect to existing or future planned street(s), such Applicant shall submit as a part of its Application Preliminary Engineering for the planned extension and continuation of the subject street which is sufficient to demonstrate that the alignment and grade of the construction of a portion of the street shall be adequately designed to allow extension and continuation of the subject street in compliance with applicable road, utility and drainage standards. (ii) Planning Area boundaries shall be construed as follows: (i) whenever a Planning Area abuts an exterior boundary of the Property, the Planning Area shall be construed to coincide with such exterior boundary of the Property; (ii) wherever a street abuts a Planning Area as shown in the PUD Master Plan, the Planning Area boundary shall be construed to coincide with the center line of such abutting street; and (iii) wherever a Planning Area contains or otherwise does not abut a street or the exterior boundary of the Property, the Planning Area boundary shall be as shown in the PUD Master Plan. (h) Issuance of Building Permits; Design Review Board Certification. (i) Provided an Application for issuance of a building permit (or grading permit, etc.) complies with the Town's Building Code (as defined in the Development Code) and the Development Plan, the Town shall issue such building permit (or grading permit, etc.) for any construction, improvements or alterations of a Building, Structure or other form of development requiring a building permit (or grading permit, etc.) for which the plans, specifications and details have been reviewed and approved by the Design Review Board as defined herein. A certificate of approval executed by the President of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit, grading permit, temporary certificate of occupancy, permanent certificate 1650530.65 2985509.10 ATTACHMENT B of occupancy, etc. Application prior to the Town's approval thereof. To facilitate efficient review and approval of building permits (grading permits, etc.), the Town's building department may accept for processing a building permit (or grading permit, etc.) concurrently with such Applicant's submittal of plans, specifications and details to the Design Review Board for review and approval of such permit; provided, however, the Town shall not approve any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy unless a certificate of Design Review Board approval is affixed thereto as required by this Section AA(h)(i), such issued certification of Design Review Board approval being an express condition precedent to the Town's approval of any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy. (ii) Additionally, the Design Review Board certification shall affirmatively state the Design Review Board's confirmation, and the Director shall confirm, an Application's compliance with the supplemental design and improvement standards set forth in Section I.9 prior to issuing a building permit for construction of a Building designated for Hotel, Motel and Lodging Uses within Planning Area J. 5. Applicability of Other Regulations:. (a) General. Except as otherwise expressly provided in the Development Plan, the establishment of Vested Property Rights pursuant to the Development Agreement shall not preclude the application on a uniform, non-discriminatory and consistent basis of Town regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations), or the application of state or federal regulations, as all of such regulations existed on the Original Effective Date or may be enacted or amended after the Original Effective Date; provided, however that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Master Developer Developer-AffiliatesLandowner's, Affiliated Landowners' or other Landowners' substantive or procedural rights set forth in the Development Agreement, this PUD Guide or any approved Final Plat for any portion of the Property. Neither Master Dee Developef Landowner, Affiliated Landowners nor any Landowner waive their right to oppose the enactment or amendment of any such regulations. (b) Modifications and Exceptions. As set forth in Sections F through I of this PUD Guide, certain provisions of the Municipal Code either are superseded in their entirety by this PUD Guide or apply within The Village (at Avon) but are subject to the modifications set forth in such sections. Additionally, the provisions of the Municipal Code which are set forth in Exhibit G of this PUD Guide are, without limiting any other present or future regulations or provisions of the Municipal Code which have similar effect from being similarly excepted, specifically identified as provisions that directly or indirectly have the effect of materially and adversely altering, impairing, preventing, 1650530.66 2985509.10 ATTACHMENT B diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting Master Developer-' , Developef AffiliatesLandowner's, Affiliated Landowners' or other Landowners' rights (whether Vested Property Rights or other right) set forth in the Development Agreement, this PUD Guide or any approved Final Plat for any portion of the Property, and therefore shall not be applicable within The Village (at Avon) PUD. 6. Conflict. The Development Standards and other terms, conditions and criteria set forth in the Development Plan shall prevail and govern the development of The Village (at Avon). Where the Development Plan does not address a specific subject, the applicable provisions of the Municipal Code shall, to the extent such Municipal Code provisions are not in conflict or otherwise inconsistent with any provision of the Development Plan, control the development of The Village (at Avon). Additionally, application of such Municipal Code provisions shall not directly or indirectly have the effect of materially altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise materially adversely affecting any of Master Developer-' , Landowner's, Affiliated Landowners' or other Landowners' Vested Property Rights set forth in the Development Plan. Provisions of the Design Review Guidelines which are more restrictive than either the Development Plan or the Municipal Code shall prevail in any instance where there is a conflict. B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon) PUD shall not exceed: not exceed: Planning Areas A, C, D, E, F, G, H, J, K, CH-1, CH-2 RMF 1 and RMF 2 shall (a) Commercial Uses. 825,000 consolidated Gross Square Footage of Commercial Space. (b) Dwelling Units. 2,400 Dwelling Units. Pursuant to the terms of the ^Community Housing Plan, 500 of the 2,400 Dwelling Units shall be constructed as affordable housi +gCommunity Housing Units, and, subject to satisfaction of the conditions precedent set forth in the Community Housing Plan, an additional 23 of the 2,400 Dwelling Units shall be constructed as affordable hatisi Community Housing Units. 2. The permitted Commercial Use and Dwelling Unit densities within Planning Area I shall be determined in the future pursuant to the formal amendment procedures set forth in Section H of this PUD Guide; provided, however, the permitted Commercial Space for Planning Area I shall not be less than 196,970 consolidated Gross Square Footage (which shall be in addition to the 825,000 square feet of consolidated Gross Square Footage stated in Section B. I (a)), and the permitted Dwelling Units shall not be less than 750 Dwelling Units. The Town acknowledges that Planning Area I is entitled to be developed as mixed -use development, and Uses may include Residential Uses, Commercial Uses, and public and 1650530.67 2985509.10 ATTACHMENT B institutional uses at densities in addition to those set forth above as approved by the Town. Until such time as a secondary access road is constructed, no non -Residential Uses shall be allowed and the maximum density of Dwelling Units shall not exceed 280 Dwelling Units. 3. Density calculations, as applicable, for development of Dwelling Units within all Planning Areas where Residential Uses are permitted shall be based on the gross acreage within the applicable Planning Area as reflected in the land use table contained in the PUD Master Plan. Density calculations shall be on a Planning Area by Planning Area basis rather than on a Final Plat by Final Plat basis or on a Si* Site -by -Site basis. 4. Subject to the requirement that the maximum number of Dwelling Units within any particular Planning Area, as applicable, shall not exceed that permitted under the terms and conditions of this PUD Guide, as applicable, the actual number of Dwelling Units per acre within a particular Final Plat or Site within the affected Planning Area may exceed the maximum number of Dwelling Units per acre based on the acreage within such Final Plat or Site. By way of example, in a Planning Area containing 20 acres and subject to a maximum residential density of 18 Dwelling Unit per acre (i.e., a total of 360 Dwelling Units), a 10 acre Site within that Planning Area would be permitted to be developed with 300 Dwelling Units (i.e., 30 Dwelling Units per acre) but the remaining 10 acres could be developed with no more than 60 Dwelling Units, with the resulting density within such Planning Area in the aggregate being 18 Dwelling Units per acre (i.e., (300 + 60 = 360 Dwelling Units) / 20 acres = 18 Dwelling Units per acre). 5. Density calculations for development of Residential Uses within Planning Areas A through I, RMF 1 and RMF 2 shall exclude areas with slopes exceeding 40%. Notwithstanding the foregoing, areas with slopes exceeding 40% created by the placement of dirt stockpiles shall not be excluded for density calculations for development of Residential Uses within Planning Areas A through I, RMF 1 and RMF 2. 6. At final bid--outbuild-out of the particular Planning Area, the following minimum and maximum ratios of consolidated Gross Square Footage of Commercial Space and consolidated Gross Square Footage of Residential Uses, stated as a percentage of the aggregate Gross Square Footage the Planning Area [e.g., Gross Square Footage of Commercial Space (Gross Square Footage of Commercial Space + consolidated Gross Square Footage of Residential Uses) = percentage of Gross Square Footage of Commercial Space], shall apply within the following Planning Areas: Planning Area Residential Commercial Min% Max% Min% Max%o Planning Areas C and D 90% 100% 0% 10% Planning Afea-F 780 i 0091/> 9L'� 1650530.6 8 2985509.10 ATTACHMENT B 0% 39°� 5"0 i 0010/0 7. Although classified as a Commercial Use, Accommodations Units (including those within Bed and Breakfasts, Extended Stay Hotels, Hotel, Motel and Lodge, Temporally Divided Dwelling Units, Vacation Homes and similar Commercial Uses) are considered Dwelling Units for purposes of Dwelling Unit calculation and tracking and are considered Residential Uses for purposes of Section B.6. 8. In calculating the number of Dwelling Units within The Village (at Avon): (a) Each Single-family Dwelling shall be counted as one (1) Dwelling Unit. (b) Each Duplex Dwelling shall be counted as two (2) Dwelling Units. (c) Each Dwelling Unit in a Multi -family Dwelling shall be counted as one (1) Dwelling Unit. (d) Each Primary/Secondary Structure or Structures situated on the same Lot shall be counted as two (2) Dwelling Units. (e) Each guest bedroom within a Bed and Breakfast shall be counted one thifdone-third (1 /3) of a Dwelling Unit. Unit. (f) Each Temporally Divided Dwelling shall be counted as one (1) Dwelling (g) Vacation Club shall be counted as one (1) Dwelling Unit. (h) Group Home shall be counted as one (1) Dwelling Unit. (i) Accommodation Units in a particular Hotel, Motel and Lodge Use shall be counted as the greater of (X) one thir-lone-third (1/3) Dwelling Unit for each Accommodation Unit within such Use (any resulting fractional number of Dwelling Units shall be rounded up or rounded down, as applicable, to the next whole number); or (Y) in accordance with the following calculation: (i) The aggregate Gross Square Footage of all of the Accommodation Units within the applicable Hotel, Motel and Lodge Use, but specifically excluding hallways, lobby and reception areas, stairwells, elevator areas, landings and entranceways, mechanical areas, public restrooms, permanently designated corridors, public lobbies, common mall areas and all other areas exterior to the individual lodging rooms (the "Lodging Square Footage"), shall be measured and calculated. (ii) The Lodging Square Footage shall be divided by 1,800 square feet, and the result of such calculation shall be the number of Dwelling Units attributable to such Hotel, Motel and Lodge Use. Any resulting fractional number of Dwelling Units shall be rounded up or rounded down, as applicable, to the next 1650530.69 2985509.10 ATTACHMENT B whole number. [In example, the Lodging Square Footage of a Hotel, Motel and Lodge Use having 50 Accommodation Units each measuring 650 square feet of Gross Square Footage and 50 Accommodation Units each measuring 850 square feet of Gross Square Footage is 75,000 square feet of Gross Square Footage ((50 X 650) + (50 X 850) = 75,000). Such Hotel, Motel and Lodge Use shall be counted as 42 Dwelling Units (75,000 / 1,800 = 41.67 (rounded to 42)).] Each Community Housing Unit shall be counted as one (1) Dwelling Unit. Use of a Building (or applicable portion thereof) for Short Term Rental(s) will not affect the Dwelling Unit calculation. 9. The President of the Design Review Board shall submit a Dwelling Unit and Commercial Space report to the Town along with its certificate of Design Review Board approval for each development proposal approved by the Design Review Board. This report shall be a detailed statement by Planning Area of the number of Dwelling Units and amount of Gross Square Footage of Commercial Space within The Village (at Avon) to ensure that the total permitted density for The Village (at Avon) PUD is not exceeded. 10. Commercial Space is any Building which is intended to be used, rented or leased for a Commercial Use, except as expressly excepted in Sections B.10(a) and B.10(b) below. (a) The following Uses shall not be considered Commercial Space: (i) Lodging Uses, including without limitation, Bed and Breakfast, Hotel, Motel and Lodge, Accommodation Units, Extended Stay Hotel, Temporally Divided Dwelling and Vacation Club; (ii) Residential Uses; (iii) Group Home; (iv) Short tefm r-eatalsTerm Rental(s); (v) Employee housing; and (vi) Uses which the Director determines to be similar. (b) For purposes of calculating the total amount (in square feet) of Commercial Space permitted pursuant to this PUD Guide, Commercial Space shall be Gross Square Footage that is available for leasing to a tenant, with the following additional qualifications: (i) The following types of facilities operated for public activities shall not constitute Commercial Space: (1) schools, and (2) except to the extent such facilities exceed an aggregate of 200,000 consolidated Gross Square Footage, unless the Town has consented to construction of such excess Gross Square j 650530-.6 10 2985509.10 ATTACHMENT B Footage, Religious Facilities, skating arenas, cultural and community centers and facilities, and recreational centers and facilities. (ii) In office Buildings, retail Buildings, Hospital Buildings, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes, hallways, lobby and reception areas, stairwells, elevator areas, landings and entranceways, mechanical areas, public restrooms, permanently designated corridors, public lobbies, and common mall areas shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of Commercial Space permitted pursuant to this PUD Guide unless actually leased to an individual tenant. (iii) In Lodging Uses, hallways, lobby and reception areas, stairwells, elevator areas, public restrooms, permanently designated corridors, landings, entranceways, meeting and banquet rooms and facilities, sundries shops, breakfast shops and other shops intended to cater primarily to Lodging Uses guests shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of Commercial Space permitted pursuant to this PUD Guide, but retail areas intended to cater primarily to non -Lodging Use guests and full -service Restaurants shall constitute Commercial Space for such purposes. iv In a Building or Site, for which the primary purpose is a Residential Use, including Community Housing Units, a Child Care Center or a similar Use shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of Commercial Space permitted pursuant to this PUD Guide. (iv) In any Building, parking areas and Parking Structures shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of Commercial Space permitted pursuant to this PUD Guide. C. GENERAL LAND USE DESIGNATIONS.-. 1. Designations. The following list identifies Planning Areas within The Village (at Avon) PUD and their respective general land use designations: (a) Planning Area A: Village Center Mixed -Use Projects (b) Planning Area B: Community Facilities (c) Planning Areas C and D: Village Residential Mixed -Use Projects (d) Planning Area E: School (e) Planning Areas F, G, H and T Regional Commercial Mixed -Use Projects 1650530.6 11 2985509.10 ATTACHMENT B (f) Planning Area J: Regional/Neighborhood Commercial and Residential Mixed Use Projects (g) Planning Area K. Hillside Residential (h) Planning Areas RMF4-1 and RMF-2-2: Multi -Family Residential (i) Planning Areas OSI through OS7, inclusive: Natural Open Space 0) Planning Areas PI through P3, inclusive: Parkland (k) Planning Areas PF-14hmugh-2 and PF ?, ;,nn'„�;..� 3: Public Facilities 0 Planning Areas CH-1 and CH-2: Community Housin& Units 2. Permitted Uses. Notwithstanding the generality of the foregoing land use designations, Uses and Use Categories permitted within each Planning Area are set forth in Section D (Development Standards), Section F (Temporary Uses and Structures) and Section I (Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are defined in Exhibit HI of this PUD Guide. D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD-. 1. General.-. (a) The following Development Standards shall govern development of the referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use Categories and all Uses within each Use Category, together with Accessory Uses, Primary Structures and Accessory Structures relating to such Uses. Within each individual Planning Area, such Uses are designated as Uses by Right, Special Review Uses or Prohibited Uses. A Use by Right within a particular Planning Area includes all Uses within the specified Use Category except to the extent specifically designated as a Special Review Use or a Prohibited Use. (b) Where particular Uses within a Use Category are listed as Uses by Right within a particular Planning Area and the Use Category also is listed as a Use by Right, such particularly listed Uses shall be construed as examples and clarifications of the Use Category and not as limitations on other Uses within the Use Category being developed as Uses by Right. Where particular Uses within a Use Category are listed as Uses by Right with a particular Planning Area but the Use Category is not listed as a Use by Right, then such particularly listed Uses shall be construed as Uses by Right that are exceptions to the Use Category and the remainder of Uses with the Use Category shall be interpreted to not be Use(s) by Right. (c) Temporary Uses may be permitted in The Village (at Avon) in accordance with the Development Code, even though such Uses otherwise may be within a Use Category that is not permitted within the applicable Planning Area. 1650530.6 12 2985509.10 ATTACHMENT B (d) Uses not identified as a Use by Right, Special Review Use, Temporary Use or Interim Use shall be a Prohibited Use unless determined by the Director that the proposed use is substantially similar to a Use by Right, Special Review Use, Temporary Use, or Interim Use. The listing of Prohibited Uses for each Planning Area is not exhaustive and shall not limit the interpretation of Uses by Right, Special Review Uses, Temporary Uses or Interim Uses stated in the preceding sentence. (e) In all Planning Areas, Architectural Projections may project ten (10) feet or less beyond the applicable Building Envelope with the prior written consent of the Design Review Board. Architectural Projections may project greater than ten (10) feet beyond the applicable Building Envelope with the prior written consent of the Design Review Board and the Town. (D In all Planning Areas, the Development Standards set forth in this PUD Guide may be increased or decreased (a "Development Bonus") following review and approval by the (i) applicable Landowner; (ii) Design Review Board; (iii) Master Landowner; and (iv) Town through the development bonus process set forth in Section 7.16.170 of the Municipal Code. Upon approval by the Town, the Landowner, Design Review Board and Master Landowner shall review for approval or disapproval of any Development Bonus. Any Development Bonus approved in all respects by the Landowner, Design Review Board, Master Landowner and Town shall be Recorded against the applicable portion of the Property and, upon such approval and Recording, shall automatically constitute an administrative amendment to this PUD Guide. 2. Planning Area A - Village Center Mixed Use Project_ (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.2(b) below or specifically prohibited in Section D.2(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses; provided, however, no single retail business shall occupy more than 60,000 of consolidated Gross Square Footage. (ii) Animal Boarding (excluding outdoor Animal Boarding) as an Accessory Use to another Commercial Use only, and subject to review and written approval by the Design Review Board authorizing such Use. (iii) Kennels (excluding outdoor Kennels) as an Accessory Use to another Commercial Use only, and subject to review and written approval by the Design Review Board authorizing such Use. (iv) Convenience Retail (without fuel). (v) Restaurants (without drive -through window service). (vi) Financial institutions (without drive -through window service). �13 2985509.10 ATTACHMENT B (vii) Residential Uses. viii Short Term Rental (s). (viitix) Mixed Use Projects; provided, however, (a) no Uses specifically prohibited in Section D.2(c) below shall be included in such Mixed Use Project, and (b) no Uses specifically identified as Special Review Uses in Section D.2(b) below shall be included except pursuant to the review and approval processes set forth in Section E below. (ikx) Cabled Telecommunications Equipment, Cabled Telecommunications Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (xxi) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use.. (*ixii) Dry Utilities. Infrastructure. (�ciiixiv) Indoor recreation and/or entertainment facilities. (*iNxxv)Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvxvi)Parks and Open Space. (xvixvii) Commercial Parking, Private Parking, Public Parking and public and private transportation and transit facilities, including but not limited to, Parking Structures, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts. (xv ixviii) Outdoor Storage of merchandise for sale and only as an Accessory Use to a retail Use. (*viiixix) Accessory Uses and Structures customarily appurtenant to Uses by Right. (*ixxx)Agricultural Use (as an Interim Use only). (x)xxi)Rodeo and ancillary carnival (as an Interim Use only). (x*ixxii) Recycling Facility (as an Interim Use only). 1650530.6 14 2985509.10 ATTACHMENT B (x*iixxiii) Snow storage (as an Interim Use only). (ixxiv) Mobile Home office/storage Use and community garden (as an Interim Use only). (xxv) Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales, not to exceed 10 days in the aggregate in a calendar year (as an Interim Use), provided that such Use exceeding 10 days in the aggregate in a calendar year shall be a Temporary Use. (xxvi) Additional Uses which the Director determines to be similar to uses by right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) Single retail businesses occupying more than 60,000 of consolidated Gross Square Footage. (ii) Educational facilities, including but not limited to, public and private schools, universities and colleges. music. (iii) Automobile Repair Shop (Minor). (iv) Outdoor entertainment facilities that include the use of amplified (v) Hospital (vi) Heliport, only as an Accessory Use to a Hospital or other medical facility, including but not limited to a clinic. (vii) Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed Use Project) which exceed 80 feet in Building Height. (viii) Car wash. (ix) Drive-in Uses. (x) Religious Facility. (xi) Service Station (for the sale of only electric form of fuel for motorized vehicles). (xii) Restaurants (with drive -through window service). (xiii) Financial institutions (with drive -through window service). 1650530.6 15 2985509.10 ATTACHMENT B (xiv) Recycling Facilities (except as permitted in Section D.2(a) above). (xv) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (xvi) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. xvii Pursuant to Section D.2(d)(ii)(1), for portions of Planning Area A located less than 250 feet from the southerly boundary of Planning Area A, Buildine Height greater than 55 feet. (c) Prohibited Uses: (i) Animal Boarding (outdoor). (ii) Automobile Repair Shop (Major). (iii) Family Child Care Home. (iv) Group Home. (v) Industrial Uses. (vi) Kennels (outdoor). (vii) Mobile Homes. (viii) Medical Marijuana Businesses. (ix) Nude Entertainment Establishments. (x) Outdoor Storage (except as expressly allowed as a Use by Right in Section D.2(a)). (xi) Recycling Processing Facility. (xii) Service Station (except as specifically identified as a Special Review Use in Section D.2(b)). (xiii) Tattoo parlor, body piercing. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: 1 16 2985509.10 ATTACHMENT B (1) Southerly and Westerly boundaries of Planning Area A: 20 feet. (2) All others: None, except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and the flood plain of live streams. (ii) Maximum Building Height: (1) Portions of Planning Area A located less than 250 feet from the southerly boundary of Planning Area A: 55 feet, provided that a maximum Building Height of 60 feet shall be permitted as a Special Review Use. (2) Portions of Planning Area A located 250 or more feet from the southerly boundary of Planning Area A: 80 feet, provided that Residential Uses and hotel Uses (including without limitation, Residential Uses and hotel Uses comprising a portion of a Mixed Use Project) exceeding 80 feet shall be permitted up to a maximum Building Height of 110 feet as a Special Review Use as specifically identified in Section D.2(b). (iii) Maximum Site Coverage: (1) Portions of Planning Area A located less than 250 feet from the southerly boundary of Planning Area A: 80% (2) Portions of Planning Area A located 250 or more feet from the southerly boundary of Planning Area A: 100% (iv) Minimum Lot Area: Not applicable. (e) Residential Density Maximum: 25 Dwelling Units per acre. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 1650530.6 17 2985509.10 ATTACHMENT B 3. Planning Area B - Community Facilities (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.3(b) below or specifically prohibited in Section D.3(c) below, the following Primary Uses and Accessory Uses: (i) Parks and Open Space. (ii) Community Facilities and related amenities, including without limitation, accessory Commercial Uses, including food and beverage concessions, as may be mutually approved by the Town and the Design Review Board. (iii) Agricultural Use (as an Interim Use only). (iv) Infrastructure. (v) Dry Utilities. (vi) Snow storage (as an Interim Use only). (vii) Water storage and water resource management facilities. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) Outdoor entertainment facilities that include the use of amplified music. (c) Prohibited Uses: (i) Commercial Uses. (ii) Residential Uses. (iii) Industrial Uses. (iv) Mixed Use Projects (except as specifically included as a Use By Right in Section D.3(a) above). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: 20 feet from the adjacent road right-of-way. 20 feet from property line abutting Planning Area A. None from property line abutting Main Street. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 60 feet. 1650530.6 18 2985509.10 ATTACHMENT B (iii) Maximum Site Coverage: 20% (iv) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations, and as provided therein, parking requirements may be satisfied by provision of off -site parking, including without limitation, off -site shared parking, in accordance with the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 4. Planning Areas C and D - Village Residential Mixed Use Projects..-_ (a) Uses by Right: Except as specifically identified as Special Review Uses in Section DA(b) below or specifically prohibited in Section DA(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. ii Short Term Rental (s). (4iii) Commercial Uses that have frontage on Main Street. (iiiv) Agricultural Use (as an Interim Use only). (iN�v) Community Facilities. (vvi) Vacation Club and Temporally Divided Dwellings. (vivii) Mixed Use Projects (provided, however, no Uses specifically prohibited in Section DA(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section DA(b) below shall be included except pursuant to the review and approval processes set forth in Section E below). (Niviii) Commercial Parking, Private Parking, Public Parking, and public and private transportation and transit facilities, including but not limited to, Parking Structures, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts. Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. 1650530.6 19 2985509.10 ATTACHMENT B (ikx) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (xxi) Infrastructure. (xixii) Dry Utilities. (*iixiii) Indoor recreation and/or entertainment facilities. (xiiixiv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (*iixv)Parks and Open Space. (*vxvi)Minor Home Occupations. (*vixvii) Planning Area C Only: (1) Pedestrian bridges. (2) Hotel, Motel and Lodge. (3) Bed and Breakfast. {-l-) D eeyeling Faeility and aeee-ssefy trash f4eility (as- an i teizi , Use only) (xviii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (xix) Additional Uses which the Director determines to be similar to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) In Planning Area D having frontage on Main Street only: (1) Hotel, Motel and Lodge. (2) Bed and Breakfast. (3) Educational facilities, including but not limited to, public and private schools, universities, colleges and Child Care Centers. T6-�20 2985509.10 ATTACHMENT B (4) Hospitals. (5) Heliport, only as an Accessory Use to a Hospital or other medical facility, including but not limited to a clinic. (6) Religious Facilities, museums, libraries and public buildings. (7) Outdoor entertainment facilities that include the use of amplified music (subject to the review and written approval of the Design Review Board authorizing such Use). (ii) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (iii) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. iv Pursuant to Section DA(d)(ii)(2), Building Height greater than 60 feet. (c) Prohibited Uses: (i) Automobile Repair Shops (Major). (ii) Animal Boarding (outdoor). (iii) Industrial Uses. (iv) Kennels (outdoor). (v) Mobile Homes. (vi) Medical Marijuana Businesses. (vii) Nude Entertainment Establishments. (viii) Outdoor Storage, except as specifically identified as a Special Review Use in Section DA(b). (ix) Recycling Processing Center. (x) Service Stations. T6-�21 2985509.10 ATTACHMENT B (xi) Tattoo parlor, body piercing. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet (2) Side: None (3) Rear: 10 feet (4) Southerly boundary of Planning Area D: 20 feet (ii) Maximum Building Height: 48 feet. 0 60 feet, and a maximum of five Stories (except as otherwise provided pursuant to Section DA(b)(iv)). For any Building (or portion of a Building) located 250 or more feet north of the southerly Property boundary: 74 feet and a maximum of six Stories as a Special Review Use pursuant to Section D.4(b)(iv). (iii) Minimum Landscaped Area: 20% (iv) Minimum Lot Area: Not applicable. (e) Residential Density Maximum: 4-840 Dwelling Units per acre. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. T6-�22 2985509.10 ATTACHMENT B 5. Planning Area E - School:. (a) Purpose: To mitigate the impact of the Residential Uses proposed for development within The Village (at Avon) by providing land for school needs generated by the Residential Uses proposed for development within The Village (at Avon) directly for the benefit of the children of the Town as reasonably necessary to serve The Village (at Avon) and future residents thereof. (b) Uses by Right: The following Primary Uses and Accessory Uses: (i) Educational uses, limited to use as a state authorized or state accredited educational facility serving grades K- -2-12 (or any portion of such grades). (ii) Agricultural Use (as an Interim Use only). (iii) Subject to prior written approval from the Design Review Board authorizing such Uses, the following education -related Uses: (1) Child Care Fae esCenter. (2) Pre-school facilities. (3) Community/adult educational facilities. (4) Cultural and/or art classes. (5) Recreational facilities. (6) Museums. (iv) Infrastructure. (v) Dry Utilities. (vi) Such other cultural/community service oriented Uses and facilities as the Design Review Board may authorize in writing. (c) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet (2) Side: 7.5 feet (3) Rear: 10 feet T6-�23 2985509.10 ATTACHMENT B (ii) Maximum Building Height: 35 feet. (iii) Minimum Lot Area: Not applicable. (d) Parking Requirements: As set forth in the Parking Regulations. (e) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (f) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects -- (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.6(b) below or specifically prohibited in Section D.6(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses, provided, however, no single retail business on Planning Area F shall occupy more than 60,000 of consolidated Gross Square Footage. (ii) Residential Uses. (iii) Mixed Use Projects (provided, however, no Uses specifically prohibited in Section D.6(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section D.6(b) below shall be included except pursuant to the review and approval processes set forth in Section E below). (iv) Agricultural Uses (as an Interim Use only). (v) Community Facilities. (vi) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval of such Use by the Design Review Board. (vii) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (viii) Infrastructure. (ix) Dry Utilities. iws3o-6-24 2985509.10 ATTACHMENT B (x) Private and public transportation and transit, including without limitation, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts. (xi) Religious Facilities, museums, libraries and public buildings. (xii) Indoor recreation and/or entertainment facilities that do not include the use of amplified music. (xiii) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). (xiv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xv) Parks and Open Space. (xvi) Child Care Center. (xvii) Animal Boarding (excluding outdoor Animal Boarding), subject to review and written approval by the Design Review Board authorizing such Use. (xviii) Kennels (excluding outdoor Kennels), subject to review and written approval by the Design Review Board authorizing such Use. (xix) Construction staging (as an Interim Use only). (xx) Planning Areas F and I Only: (1) Recycling Facility. (xxi) Planning Area I Only: (1) Pedestrian and vehicular bridges, bridge abutments and improvements reasonably related thereto. (2) Automobile Repair Shops (Major and Minor). (3) Light Industrial Uses. (xxii) Additional Uses which the Director determines to be similar to the foregoing Uses by Right. (xxiii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: iws3o-6-25 2985509.10 ATTACHMENT B (i) Single retail businesses enin Planning Area F occupying more than 60,000 of consolidated Gross Square Footage. (ii) Educational facilities including, but not limited to public and private schools, universities, and colleges. (iii) Service Station. (iv) Animal Boarding (outdoor), subject to review and written approval by the Design Review Board authorizing such Use. (v) Kennels (outdoor), subject to review and written approval by the Design Review Board authorizing such Use. (vi) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (vii) Heliport, only as an Accessory Use to a Hospital or other medical facility, including but not limited to a clinic (subject to review and written approval by the Design Review Board authorizing such Use). (viii) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (ix) Planning Areas F, G and H Only: (1) Animal Boarding (outdoor). (2) Kennels (outdoor). (3) Hospitals. (x) Planning Area I Only: (1) Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed Use Project) which exceed 55 feet in Building Height. (c) Prohibited Uses: (1) Heavy Industrial Uses. (ii) Medical Marijuana Businesses. (I I']) Nude Entertainment Establishments. T6-�26 2985509.10 ATTACHMENT B (iv) Planning Areas F, G and H Only: (1) Automobile Repair Shops (Major). (2) Family Child Care Home. (3) Group Home. (4) Mobile Homes. (5) Recycling Processing Center. (6) Tattoo parlor, body piercing. (d) Building Envelope Requirements: (1) Minimum Building Setbacks: (1) Commercial Uses: a. Front: 25 feet b. Side: None C. Rear: 10 feet d. Abutting Interstate 70 or railroad right of 20 feet (2) Industrial Uses: a. Front: 25 feet b. Side: 7.5 feet C. Rear: 10 feet d. Abutting Interstate 70 or railroad right-of-way: 20 feet (3) Residential Uses: a. Front: 25 feet b. Side: 7.5 feet C. Rear: 10 feet Z114f-14-27 2985509.10 ATTACHMENT B d. Abutting Interstate 70 or railroad right of wayright-of-way: 20 feet e. A Building having a Building Height exceeding 48 feet on Planning Area F only: (i) abutting existing Post Boulevard: 40 feet; and (ii) abutting current East Beaver Creek Boulevard (future Main Street): 100 feet (4) Vertically -integrated Mixed Use Projects: a. Front: 25 feet b. Side: None C. Rear: 10 feet d. Abutting Interstate 70 or railroad right right-of-way: 20 feet e. A Building having a Building Height exceeding 48 feet on Planning Area F only: (i) abutting existing Post Boulevard: 40 feet; and (ii) abutting current East Beaver Creek Boulevard (future Main Street): 100 feet (ii) Maximum Building Height: (1) Commercial Uses: a. Hotel Uses (including without limitation, hotel Uses comprising a portion of a Mixed Use Project) on Planning Area I only: 55 feet, provided that such Uses may be permitted up to a maximum Building Height of 135 feet as specifically identified as a Special Review Use in Section D.6(b). b. Hospitals enin Planning Area I only: 80 feet. C. All other Commercial Uses: 48 feet. (2) Industrial Uses: 48 feet. (3) Residential Uses: a. Single famil Single-family Dwellings and Duplex Dwellings: 35 feet. b. Multi -family Dwellings on Planning Areas G, H and I: 48 feet. T6-�28 2985509.10 ATTACHMENT B C. Multi -family Dwellings on Planning Area F only: 58 feet, and not to exceed four Stories. (4) Vertically -integrated Mixed Use Projects (except as set forth in Section D.6(d)(ii)(1) with respect to hotels comprising a portion of a Mixed Use Project): a. On Planning Areas G, H and l: 48 feet. b. On Planning Area F only: 58 feet, and not to exceed four Stories. (iii) Minimum Landscaped Area: 20%. (iv) Minimum Lot Area: Not applicable. (v) Maximum Site Coverage: 50% on Planning Area F only (e) Residential Density Maximum: (i) Planning Area F: 22 Dwelling Units per acre. (ii) Planning Areas G and H: 18 Dwelling Units per acre. (iii) Planning Area I: Subject to this Seel o D 6(ev;;;), 15 Dwelling Units per acre, subject to the following: Notwithstanding anything to the contrary set forth in Title 15 or any other provision of the Municipal Code cul-de-sacs may exceed 1,000 feet in length and service not more than 280 Dwelling Units within Planning Area I, and that the portion of a eul de that is in excess of 1,000 feet shall not service Commercial Uses. With respect to any eul de saecul-de-sac located both within and outside of Planning Area I, (i) no Dwelling Units served by the portion of such cul-de-sac located outside of Planning Area I shall be counted toward the foregoing 280 Dwelling Unit limitation; and (ii) the portion of any such cul-de-sac located within Planning Area I shall be deemed separate and distinct from, and not included with, any portion of the same cul-de-sac located outside of Planning Area I for purposes of calculating the Dwelling Units counted toward the foregoing 280 Dwelling Unit limitation. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (h) Street Requirements: Subject to Section D.6(e)(iii), streets are subject to the standards set forth in Exhibit F of this PUD Guide. 29 2985509.10 ATTACHMENT B 7. Planning Area J — Regional/Neighborhood Commercial and Residential Mixed Use Projects..-, (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.7(b) below or specifically prohibited in Section D.7(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. ii Short Term Rental(s). Commercial Uses. (iiiiv) Mixed Used Projects; provided, however, (a) no Uses specifically prohibited in Section D.7(c) below shall be included in such Mixed Use Project, and (b) no Uses specifically identified as Special Review Uses in Section D.7(b) below shall be included except pursuant to the review and approval processes set forth in Section E below. (i-v_v) Automobile Repair Shops (Minor). (vvi) Community Facilities. (v-iyii) Agricultural Use (as an Interim Use only). (Viiviii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. ) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (ixx) Infrastructure. (xxi) Dry Utilities. (*ixii) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xiixiii) Recreational facilities. (xi4x-M Parks and Open Space. (xivxv)Additional uses which the Director determines to be similar to Uses by right. 1650530.630 2985509.10 ATTACHMENT B (xvxvi)Accessory Uses and Structures customarily appurtenant to Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) Child Care Center. (ii) Religious Facilities, museums, libraries and public buildings. (iii) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (iv) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (c) Prohibited Uses: (i) Automobile Repair Shops (Major). (ii) Medical Marijuana Businesses. (iii) Nude Entertainment Establishments. (iv) Tattoo parlor, body piercing. (d) Building Envelope Requirements: (i) Building Setback Requirements: (1) Residential Uses: a. Front: -2-010 feet (except as provided below). b. Side: 10 feet (except as provided below). C. Rear: 10 feet (except as provided below). (2) Commercial Uses: a. Front: -2810 feet (except as provided below). b. Side: None (except as provided below). C. Rear: 10 feet (except as provided below). i 650530.631 2985509.10 ATTACHMENT B (3) Notwithstanding the foregoing, the minimum Building Setback abutting the Interstate 70 right-of-way shall be 20 feet. (ii) Maximum Building Height: (1) Commercial (excepting Hotel, Motel and Lodge Uses) and Light Industrial Uses: 48 feet. (2) Residential Uses: \ NET ■ ..� �A....w.,�...� (32) Veftieally integratedgesidential Uses and Vertically -integrated Mixed Use Projects: 4-60 feet, and a maximum of five Stories. (43) Hotel, Motel and Lodge Uses: 55 feet. (iii) Minimum Landscaped Area: 20% (iv) Minimum Lot Area: Not applicable. (e) Residential Density Maximum: 18 Dwelling Units per acre. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide; provided, however, (i) Section AA(g)(ii) of Exhibit F of this PUD Guide shall not apply to Planning Area J and, and notwithstanding M31hina to the contrary set forth in Title 15 or any other provision of the Municipal Code, with respect to all or any portion of any ett cul-de-sac located within Planning Area J, there is no restriction on the length of such cul-de-sac, service to Commercial Uses by the e l de saecul-de-sac or the number of Dwelling Units that may be served by the ^111 d 1, saecul-de-sac; and (ii) notwithstanding any contrary provision of Section A.1(viii) of Exhibit F of this PUD Guide, if Road E (as conceptually illustrated in Exhibit F of this PUD Guide) does not connect at the roundabout at Post Boulevard and Swift Gulch Road and instead connects directly to future Swift Gulch Road (conceptual) east of such roundabout, the street type (i.e., rural local road, urban local road, etc.) of the portion of future Swift Gulch Road located between the roundabout and the connection point to Road E will be determined in accordance with a traffic study produced pursuant to the requirements of the Development Code.. 32 2985509.10 ATTACHMENT B 8. Planning Area K - Hillside Residential.-_ (a) Uses by Right: Except as specifically prohibited in Section D.8(b) below, the following Primary Uses and Accessory Uses: (i) Single -Family Dwelling. (ii) Duplex Dwelling. Chi) Community Housing Units. (iiiiv) Primary/Secondary Structure. (iv) Agricultural Use (as an Interim Use only). (vvi) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (vivii) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (Niviii) Infrastructure. (vtiiix) Dry Utilities. (4x) Recreational facilities. (xxi) Parks and Open Space. (*ixii) Religious Facilities, including without limitation, cemeteries. (*ixiii) Conceptual Lot 1 (as depicted on the PUD Master Plan) Only: Homeowner association facilities including, but not limited to, a caretaker unit (as a Secondary Structure), clubhouse, recreational facilities and other similar facilities and amenities. (*iiixiv) Accessory Uses and Structures customarily appurtenant to Uses by Right. (xv)Additional uses which the Director determines to be similar to Uses by Right. 1650530.633 2985509.10 ATTACHMENT B (b) Special Review Uses: (i) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (ii) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (c) Prohibited Uses: (i) Commercial Uses (except as specifically included in Sections D.8(a) or D.8(b)). (ii) Industrial Uses. (d) Building Envelope Requirements: The layout, location, size and number of Lots within Planning Area K as depicted on the PUD Master Plan are conceptual, non -binding and provided only for illustrative purposes only. The precise layout, location, size and number of Lots and the precise location of the Building Envelope for each Lot within Planning Area K will be as established by and reflected in the Final Plat creating the Lot, and shall be based on various site specific features of the Lot such as the topography, grade, natural vegetation and similar matters, but shall generally comply with the following requirements unless such compliance is determined to be impractical or unreasonable. (i) Minimum Building Setbacks: (1) Front: 25 feet (except as set forth below). (2) Side: 20 feet (except as set forth below). (3) Rear: 20 feet (except as set forth below). (4) For conceptual Lot 1 (as depicted on the PUD Master Plan): 20 feet from the property line, except as otherwise required to accommodate utilities, drainage, access, fire and building code regulations, and the flood plain of live streams. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: (1) Single -Family Residential Uses: the lesser of (a) 1 acre of the applicable Lot; or (b) 80% of the applicable Lot, provided that the final Site coverage shall be the Building Envelope for each Lot on the Final Plat 1650530.634 2985509.10 ATTACHMENT B creating the applicable Lot, provided further that, in any event, such Building Envelope shall comply with the requirements of this Section. (2) All other Uses: the final Site coverage shall be the Building Envelope for each Lot on the Final Plat creating the applicable Lot, provided further that, in any event, such Building Envelope shall comply with the requirements of this Section. (iv) Minimum Lot Area: 1 acre. (e) Residential Density Maximum: , eti Notwithstanding anything to the contrary set forth in Title 15 or any other provision of the Municipal Code, cul-de-sacs may exceed 1,000 feet in length and service not more than 280 Dwelling Units in the aggregate within Planning Area K and Planning Area RMF4-1; provided, however, the portion of a cul de saecul-de-sac that is in excess of 1,000 feet shall not service Commercial Uses except those Commercial Uses specifically included in Sections D.8(a) or D.8(b). With respect to any e-saecul-de-sac portions of which are located both within and outside of Planning Area K, (i) no Dwelling Units served by the portions of such eul de saecul-de-sac located outside of Planning Area K, excepting any Dwelling Units located within Planning Area RMF4-1 and served by such cul-de-sac, shall be counted toward the foregoing 280 Dwelling Unit limitation; and (ii) the portion of any such cul-de-sac located within Planning Area K shall be deemed separate and distinct from, and not included with, any portion of the same etil de saecul-de-sac located outside of Planning Area K, excepting any portion of such eul de saecul-de-sac located within Planning Area RMF4-1, for purposes of calculating the Dwelling Units counted toward the foregoing 280-Dwelling Unit limitation. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (h) Street Requirements: Subject to Section D.8(e) , streets are subject to the standards set forth in Exhibit F of this PUD Guide. 9. Planning Areas RMF 1 and RMF 2 - Residential Multi -Family.-_ (a) Uses By Right: The following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Community Facilities. (iii) Preschool, nursery school, in hemein-home child care and Child Care Center as an Accessory Use to a Residential Use. i 650530.635 2985509.10 ATTACHMENT B (iv) Agricultural Use (as an Interim Use only). (v) Bed and Breakfast, Vacation Club, and Temporally Divided Dwellings and shot teF rentis (vi) Infrastructure. (vii) Dry Utilities. (viii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Service, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (ix) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (x) Recreational facilities. (xi) Temporary real estate offices and construction offices. (xii) Residential management office. (xiii) Accessory Uses and Structures customarily appurtenant to Uses by Right. (xiv) Additional uses which the Director determines to be similar to Uses by Right. (xv) Planning Area RMF4-1 Only: (1) Assisted living facilities. (xvi) Planning Area RMF-2-2 Only: (1) Pedestrian bridges. (b) Special Review Uses: (i) Religious Facilities, museums, libraries and public buildings. (ii) Group Home. (iii) Commercial Parking, Private Parking and Public Parking. (iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts. 1650530.636 2985509.10 ATTACHMENT B (v) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (vi) Planning ar-caArea RMF4-1 Only: (1) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (c) Prohibited Uses: (i) Commercial Uses (except as specifically included in Sections D.9(a) or D.9(b)). (ii) Industrial Uses. (iii) Mobile Homes. (d) Building Envelope Requirements: (i) Building Setback Requirement: 20 feet from Interstate-70- right w" 70 right-of-way, provided there shall be no other setback requirements except as may be necessary to accommodate utility improvements, lines and mains, facilities, services and buildings. (1) Front: 20 feet. (2) Side: 10 feet. (3) Rear: 10 feet. (ii) Maximum Building Height: (1) Single familySingle-family Dwellings and Duplex Dwellings: 35 feet. (2) Multi -family Dwellings: 48 feet. (3) Commercial: 48 feet. (iii) Minimum Landscaped Area: 20%. (iv) Minimum Lot Area: Not applicable. (e) Residential Density Maximum: (i) Planning Area RMF-2-2: 12 Dwelling Units per acre. 1650530.637 2985509.10 ATTACHMENT B (ii) Planning Area RMF-T. Sego this Seetien D.9(e)(4,4. 6 Dwelling Units per acre; subject to the following: Notwithstanding anything to the contrary set forth in Title 15 or any, other provision of the Municipal Code, cul-de-sacs may exceed 1,000 feet in length and service not more than 280 Dwelling Units in the aggregate within Planning Area K and Planning Area RMF4-1; provided, further however, the portion of a ett cul-de-sac that is in excess of 1,000 feet shall not service Commercial Uses except those Commercial Uses specifically included in Sections D.9(a) or D.9(b). With respect to any etil de saecul-de-sac portions of which are located both within and outside of Planning Area RMF4-1, (i) no Dwelling Units served by the portions of such ettl de saecul-de-sac located outside of Planning Area RMF4-1, excepting any Dwelling Units located within Planning Area K and served by such ett cul-de-sac, shall be counted toward the foregoing 280 Dwelling Unit limitation; and (ii) the portion of any such eul de saccul-de-sac located within Planning Area RMF4-1 shall be deemed separate and distinct from, and not included with, any portion of the same eul de saecul-de-sac located outside of Planning Area RMF4-1, excepting any portion of such e-u cul-de-sac located within Planning Area K, for purposes of calculating the Dwelling Units counted toward the foregoing 280 Dwelling Unit limitation. (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (h) Street Requirements: Subject to Section D.9(e)(ii), streets are subject to the standards set forth in Exhibit F of this PUD Guide. 10. Planning Areas Pl-P3: Parkland—. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section D.10(b) below or specifically prohibited in Section D.10(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Community Facilities (subject to review and written approval of such Uses by the Design Review Board). (iii) Equestrian, pedestrian and bicycle trails. (iv) Landscape improvements. (v) Indoor and outdoor, sports, training and recreation facilities. (vi) Lakes, ponds, reservoirs and irrigation ditches. 1650530.638 2985509.10 ATTACHMENT B events. (vii) Parks, picnic facilities and temporary entertainment for special (viii) Open Space. (ix) Infrastructure. (x) Dry Utilities. (xi) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (xii) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (b) Special Review Uses: (i) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (ii) (iii) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (c) Prohibited Uses: (i) Residential Uses. (ii) Commercial Uses (except as Sections D.10(a) or D.10(b)). (iii) Industrial Uses. (d) Building Envelope Requirements: specifically included in (i) Building Setback Requirement: No minimum except must be sufficient to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: Not applicable. 1650530.639 2985509.10 ATTACHMENT B (iv) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 11. Planning Areas OS1— OS7OS7: Natural Open Space_ (a) Uses By Right: Except as specifically identified as Special Review Uses in Section D.11(b) below or specifically prohibited in Section D.l 1(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Equestrian, pedestrian and bicycle trails. (iii) Landscape improvements. (iv) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services. (v) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (vi) Infrastructure. (vii) Dry Utilities. (viii) Snow storage. (ix) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings; provided, however, such uses which are located in Planning Area OS6 shall be oriented on a generally north -south axis. (x) OSl — ASSOSS and OS7: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. 40 2985509.10 ATTACHMENT B (xi) OSS and OS6 (subject to review and written approval of such Uses by the Design Review Board): (1) Community Facilities. (2) Recreational Uses including public river access. (3) Pedestrian and vehicular access, roads, bridges, bridge abutments and improvements reasonably related thereto. (b) Special Review Uses: (i) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (ii) OS6 only: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking (subject to review and written approval of such Uses by the Design Review Board). (iii) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (c) Prohibited Uses: All Uses other than Uses by Right and Special Review Uses specifically listed above. (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: Not applicable. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Lot Area: Not applicable. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. IW530-6-41 2985509.10 ATTACHMENT B (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 12. Planning Areas PF4--2 and PF-3: Public Facility:. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section D.12(b) below or specifically prohibited in Section D.12(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Public Facilities. (iii) Landscape improvements. (iv) Infrastructure. (v) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (vi) Within Tract E, Final Plat, The Village At Avon Filing 3 (Planning Area PF-3-3), and Tract F, Final Plat, The Village At Avon Filing 3 as amended (Planning Area PF-2-2), in accordance with and subject to the terms and conditions of Ordinance No. 06-4606-16: (1) emergency services facilities such as ambulance, fire protection; and (2) similar uses and services as determined by the Director. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i) Lakes, ponds, reservoirs and irrigation ditches. (ii) Park and picnic facilities and related parking. (c) Prohibited Uses: All Uses other than Uses by Right and Special Review Uses specifically listed above. (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: 35 feet. 42 2985509.10 ATTACHMENT B (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Landscaped Area: 20%. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section I below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 13. Planning Areas CH-1 and CH-2 — Community Housing U Purpose: To mitigate the impact of the proposed development within The Village (at Avon) by providing land for Community Housing Units needs generated by the Uses proposed for development within The Village at Avon) as reasonably necessary to serve The Village (at Avon) and future residents thereof. Uses by Right: Except as specifically identified as Special Review Uses in Section D.13(c) below, or specifically prohibited in Section D.13(d) below, the following Primary and Accessory Uses: 0 Community Housing Units, subject to the limitations set forth in Section I.15 of the Community HousingPlan. ii Infrastructure. iii Dry Utilities. iv Accessory Uses and Structures customarily appurtenant to Uses by Rim Cv) Planning Area CH-2, within Lot 5, Final Plat, The Village at Avon) Filing 1 Only Units. W Public Facilities. Special Review Use: 0 Child Care Center as an Accessory Use to Community Housing_ Prohibited Uses: a6so-a 43 2985509.10 ATTACHMENT B Q Commercial Uses (except as specifically included in Sections D.13(b) or D.13 c)). Clij Industrial Uses. iii Mobile Homes. iv Short -Term Rentals. Building Envelope Requirements: Minimum Building Setbacks: Cl) Front: a. For Planning Area CH-1: 10 feet b. For Planning Area CH-2: 25 feet Side: None Rear: 10 feet ii Maximum Building Height: Planning Area CH-1 : 48 feet Planning Area CH-2: 60 feet iii Residential Density Maximum: Planning Area CH-1: Maximum of 36 Dwelling -Um ts. Planning Area CH-2: Maximum of 40 Dwelling Units. iv Minimum Landscaped Area: 20% (v) Minimum Lot Area: Not applicable. (f Parking Requirements: As set forth in the Parking Regulations. (W Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. Special Community Housing Unit Provisions. O All development is further subject to the supplemental regulations set forth in Section I below. iwsm-6-44 2985509.10 ATTACHMENT B ii Domestic water service to serve the 76 Community Housing Units contemplated within Planning Areas CH-1 and CH-2 pursuant to Section D.13(e)(iii) will be supplied from the Water Bank's (as defined in Section 3.4(a) of the Development Agreement) potable water, while water service for any associated landscaping will be supplied from the Water Bank's (as defined in Section 3.4(a) of the Development Agreement) non -potable water. Water service to serve any uses and/or density within Planning Areas CH-1 and CH-2 beyond the permitted maximum density set forth in Section D.13(e)(iii, will not be supplied from the Water Bank (as defined in Section 3.4(a,) of the Development Agreement) without Master Landowner's prior written approval. iii The Community Housing Units in Planning Area CH-1 and CH-2 will count toward satisfaction of the number of Communitv Housine Units required pursuant to Section I.15(a) of the Community Housing Plan. E. SPECIAL REVIEW USE.. 1. Special Review Use Permit..-. (a) A Special Review Use shall require a special review use permit prior to the issuance of a building permit or the commencement of the use identified as a Special Review Use in the Development Standards. (b) A Special Review Use shall not be considered a Use by Right without review and approval, as set forth in Section E.2 below, nor shall a Special Review Use be permitted unless the Design Review Board approves a development plan for the applicable Site. (c) The procedural and substantive requirements set forth in this Section E constitute the sole and exclusive special review use regulations applicable within The Village (at Avon) PUD and expressly supersede any additional or conflicting provisions of the Municipal Code. 2. Application Filing and Processing.-. (a) An Application with required materials (see Section E.3 below) shall be filed with Community Development. Only complete submittals shall be accepted. (b) Staff shall review the Application in accordance with the criteria established in this section and present the Application at a public hearing, which public hearing before the Planning and Zoning Commission shall be in accordance with Section 7.16.020(e) of the Development Code. (c) Developments and uses granted by special review use permit shall be developed or established in accordance with the timeframe provided in the approved special review use permit, or within two years of the date of approval if the timeframe is not established in the approved special review use permit. Subject to extension in accordance with Section E.5(b) below, failure to develop or establish such development T6-�45 2985509.10 ATTACHMENT B or Uses in accordance with the timeframe established on the permit (or two years from the date of approval if no timeframe is established on the permit) shall result in the expiration of the permit. (d) A special review use permit is valid as long as conditions of approval are maintained by the Applicant, unless a specific time limit for the use is set forth as part of the approval. Subject to extension in accordance with Section E.5(b) below, if an approved Use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. (e) If the conditions of a permit become the responsibility of a person or entity other than the Applicant, Community Development 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 Community Development. (f) If conditions of approval are not maintained, it shall be considered a violation of the Development Plan and the special review use permit shall be subject to revocation proceedings in accordance with the applicable provisions of the Municipal Code, the Design Review Guidelines and the Design Covenant. 3. Submittal Requirements for Special Review Use. Only complete submittals shall be accepted. No Application shall be deemed complete unless the Applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular permit being requested: (a) A complete special review use permit Application and required fee; (b) A legal description of the parcel; (c) A site plan showing proposed Uses and structures on the property; (d) Scaled elevations and/or perspective drawings of any proposed structures; (e) A proposed development schedule indicating: (i) Date of the beginning of the Use and/or construction; (ii) Phases in which the project may be developed and the anticipated rate of development; (iii) The anticipated date of completion of the project; (f) Any agreements, provisions or covenants to be recorded; (g) Restoration or reclamation plans shall be required for all Uses requiring extensive grading, for extractive Uses, and may be required for other Uses as necessary; iwsm-6-46 2985509.10 ATTACHMENT B (h) A statement regarding any provisions for proper ongoing maintenance of the Use and site; (i) Any additional materials, which, in the opinion of the Director, are necessary to adequately review the Application. 4. Criteria for Review, Recommendation, and Approval of Special Review Uses. When evaluating an Application for a special review use permit, staff and the planning and zoning commission shall consider the following criteria: (a) Whether the proposed Use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed Use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety and other similar Development Standards; (c) 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 shall be mitigated or offset to the maximum extent practicable; and (d) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) shall be available to serve the subject property while maintaining adequate levels of service for existing development. 5. Amendments to Special Review Use Permit.-. (a) No approved Special Review Use may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion receives the prior approval of the Planning and Zoning Commission, which shall be obtained by repetition of the granting procedures provided in this Section E or the Planning and Zoning Commission expressly authorizes modifications, enlargement or expansions of the Special Review Use in the prior approval of the Special Review Use. The Planning and Zoning Commission may authorize administrative approval of modifications, enlargement and expansion of Special Review Uses and may define a percentage or other parameter change to square footage of such Use, hours of operation, traffic or other aspects of the approved Special Review Use. (b) At least thirty (30) days prior to the expiration date of a special review use permit due to cessation of an approved Special Review Use for any reason for a period of one year, due to failure to develop or establish an approved Special Review Use in accordance with the timeframe established on the permit (or two years from the date of such approval if no timeframe is established on the permit) as provided for in Section E.2 above, or due to expiration of a term established in the Special Review Use approval, an Applicant may request, in writing, approval of an extension of such expiration date. The iwsm-:6-47 2985509.10 ATTACHMENT B Director may administratively approve up to a one-year extension of an approved Special Review Use. The Planning and Zoning Commission may approve an extension of the Special Review Use for longer than one year in accordance with the procedures and criteria for review established in this Section E. F. TEMPORARY USES AND STRUCTURES. Temporary Uses and Structures shall be allowed in accordance with the substantive and procedural requirements of the Development Code; provided, however, no Temporary Use or Structure shall be permitted unless the Design Review Board approves a development plan for the applicable Site as evidenced by the issuance of a certificate of Design Review Board approval affixed to the Application. G. SUBDIVISION-. 1. General: Annlicabili (a) Except as modified by this Section G, the procedural and substantive requirements set forth Section 7.16.070 of the Development Code, as in effect on the date of exeeutio,, of the Settlement To,.,.,., Shoo*October 7, 2011, as attached as Exhibit IH to this PUD Guide, shall apply to Planning Areas A, B, C, D, E, F-s J, K, and RMF-1 (collectively, the "Administrative Subdivision Areas"). Notwithstanding the foregoing, if, subsequent to the E ffe tive DateOctober 7, 2011, the Town amends from time to time Section 7.16.070 of the Development Code, the Master DevelopefLandowner, in its sole discretion, may consider amendment of this PUD Guide to incorporate such amended provisions herein, which amendment(s), if any, shall be processed in accordance with the administrative amendment procedure set forth in Section 11.3. (b) Except as modified by Section G.I(c), subdivision within all Planning Areas excepting the Administrative Subdivision Areas shall be in accordance with Section 7.16.070 of the Development Code. (c) Subdivision review and approval shall not be required for any division of land within The Village (at Avon) for any of the following: (i) Creation of a lien, mortgage, deed of trust or any other security instrument; (ii) Creation of any interest in an investment entity; (iii) Creation of cemetery lots; (iv) Creation of an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property; (v) Acquisition of an interest in land in the name of a husband or wife or other persons in joint tenancy, or as tenants in common of such interest, and any interest in common owned in joint tenancy shall be considered a single interest; iws3o-6-48 2985509.10 ATTACHMENT B (vi) Dedication of land for right-of-way or other public use, or conveyances relating to the vacation of land designated for public use, if subdivision review and approval is waived by the Town; (vii) Correction of a legal description in a prior conveyance, if subdivision review and approval is waived by the Town; (viii) Any transfer by operation of law or bequest; (ix) Lease of property (granting of leasehold interests) for any period of time; (x) Division of land created by the foreclosure, or provision of deed -in -lieu of foreclosure, of a lien, mortgage, deed of trust or any other security instrument. 2. Application Submittal Items. With respect to any submittal item for a Final Plat Application within the Administrative Subdivision Areas required by the Town, if the Applicant disagrees with the determination of staff or the Director, as applicable, with respect to the necessity of such submittal item or the required substance or required quality of such submittal item, the Town and the Applicant shall jointly appoint a third party having experience in engineering and subdivision matters to review the Final Plat Application and decide upon the appropriateness of requiring such submittal item or the appropriateness of the required substance or required quality of such submittal item, as applicable. Such third party's determination shall be binding upon the Town and the Applicant. Notwithstanding the foregoing, in no event shall the Town require any submittal item for a Final Plat Application that relates to matters that are within the exclusive authority of the Design Review Board to approve, including without limitation, architectural design, landscape design, urban design and site design. 3. Procedure. Except as set forth in Section G.5, subdivisions, subdivision amendments and re -subdivisions within the Administrative Subdivision Areas (including without limitation, any amendments to or re -subdivisions of Lot 1, Final Plat of The Village (at Avon) Filing 1) shall require Final Plat review and approval only (no Preliminary Plan approval shall be required), which review and approval shall be administrative with an administrative decision rendered on such Final Plat by the Director. Public hearings shall not be required except as may be requested by the Applicant. Notice of a subdivision Application shall be posted and mailed to property owners within the vicinity of the property subject to the applicable Application in accordance with the requirements of the Development Code. Prior to the Director rendering a decision to reject or deny an Application, the Director shall give the Applicant prior written notice of the Director's intent to reject or deny such Application, which notice shall include a good faith detailed accounting of the reasons for such intended rejection or denial and proposed recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have an opportunity to amend such Application prior to the Director finally rejecting or denying the Final Plat. The Director shall render a written decision on the Final Plat Application and shall post a notice of such decision in the same manner as the posting of Town ordinances, and the date of such posting shall be the date of the final decision of the Director for appeal purposes. T6-�49 2985509.10 ATTACHMENT B 4. Criteria for Review and Approval. Subject to this Section GA, the Director shall consider the criteria set forth in Sections 7.16.070(e) and (f) of the Development Code, as in effect on the date of exeetition of the —Settlement Tenn Shee-tOctober 7, 2011, when evaluating an Application for Final Plat approval, as modified as follows: (ia) The Director shall not consider the review criteria set forth in the following sections, which sections shall not apply to the Administrative Subdivision Areas: Sections 7.16.070(e)(5) & (9) and Sections 7.16.070(f)(2) & (3). (i-ib_) The review criteria set forth in Section 7.16.070(e)(1) is modified as follows: The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this PUD Guide that have not been otherwise modified or waived through the alternative equivalent compliance process 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 infeasible or impossible. (iiic) The review criteria set forth in Section 7.16.070(e)(3) is modified as follows: The subdivision application shall be consistent with the Comprehensive Plan and other community planning documents, as modified by the Development Plan. (iNvd) The review criteria set forth in Section 7.16.070(e)(7) is modified as follows: The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Comprehensive Plan and the Transportation Master Plan, as modified by the Development Plan. (ve) The review criteria set forth in Section 7.16.070(f)(4) is modified as follows: The development will substantially comply with all sections of the Development Code, as modified by the Development Plan. 5. Material Modification to Certain Street Connections.. (a) If there is any express or implied conflict between the terms and conditions of the Development Plan and the terms and conditions of the Transportation Master Plan, the Development Plan shall control. (b) If an Application for an Administrative Subdivision Area proposes an elimination of one or more of the following street connections (the "Required Street Connections"), the Director may, in the Director's sole discretion, determine that such Application shall not be subject to administrative approval and may direct that such Application be submitted to Town Council for review and decision: (i) Main Street connection to Chapel Place; (ii) Main Street connection to Post Boulevard roundabout; 1650530.650 2985509.10 ATTACHMENT B (iii) East Beaver Creek Boulevard connection at northern boundary of Planning Area A to existing East Beaver Creek Boulevard adjacent to the Property; (iv) East Beaver Creek Boulevard connection at Post Boulevard connecting to Fawcett Road; and (v) Connection from westernmost roundabout on Main Street to East Beaver Creek Boulevard. (vi) Connection across Planning Area J located east of Post Boulevard/Swift Gulch Road roundabout to northeast corner of the "Forest Service parcel" located east of Planning Area J and west of Planning Area I. (c) For any Application for an Administrative Subdivision Area submitted to Town Council pursuant to Section G.5(b), Town Council shall render a decision on the Application after conducting a public hearing, and public notice of the Town Council hearing on such Application shall be given in accordance with the requirements of the Development Code. H. DEVELOPMENT PLAN AMENDMENT PROCEDURES.-. 1. General. (a) Amendments to this PUD Guide may be processed by the Town either formally or administratively, with the determination of the applicable procedure to be made in strict compliance with the terms and conditions of this Section H. (b) During the term of the Vested Property Rights, no amendment to or variance from the terms of the Development Plan, and no application for rezoning of all or any part of the property included within The Village (at Avon) PUD, shall be accepted for processing, or approved or undertaken by the Town without the prior written consent of the Master Developer -Landowner. (c) Any such amendment shall contain the statement required pursuant to Section 7.16.140(d) of the Development Code, shall be processed and otherwise implemented in compliance with the terms and conditions set forth in Section A.3 above, and shall create Vested Property Rights for the duration of the term set forth in Section A.3 above. No such amendment shall divest, limit or otherwise impair any Vested Property Right set forth in Section A.3 above. (d) Prior to the Director or Council, as applicable, rendering a decision to reject or deny an Application for an amendment to the Development Plan, the Director or Council, as applicable, shall give the Applicant prior written notice of the Director's, or Council's, as applicable, intent to reject or deny such Application, which notice shall include a detailed accounting of the reasons for such intended rejection or denial and proposed recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have an opportunity within the timeframes afforded by the Development 1650530.651 2985509.10 ATTACHMENT B Code to amend such Application prior to the Director or Council, as applicable, finally rejecting or denying the Application. 2. Formal Amendments. Amendments to this PUD Guide which do not qualify for the administrative amendment process described in Section H.3 below shall follow the formal amendment process set forth in Section 7.16.060 of the Development Code, except that the provisions of Section H.1 above shall apply to all formal amendments of this PUD Guide. Nothing herein shall be deemed to prevent an Applicant from voluntarily choosing to apply for a formal amendment, or from appealing to Council or the courts the Director's determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. 3. Administrative Amendments..-. (a) Intent; Determination of Applicable Amendment Procedure. The intent of this Section H.3 is to provide a simplified amendment procedure for minor modifications to this PUD Guide. As used herein, the term "minor modifications" means an Application meeting the criteria stated Section H.3(b)(i) through H.3(b)(vi) below, which shall be processed as an administrative amendment application, and an Application meeting the criteria stated in Section H.3(b)(vii) below, which may be processed as an administrative amendment application in the discretion of the Director. (b) Qualifying Administrative Amendments. An Application for administrative amendment that complies with (I) the specific criteria for approval set forth in Sections H.3(b)(i) through H.3(b)(vi) below, as applicable, shall be processed and approved administratively, and shall be entitled to a presumption of compliance with the general criteria for approval set forth in Section H.3(b)(vii) below; or (II) the general criteria for approval set forth in Section H.3(b)(vii) below may be processed and approved administratively: (i) Density Allowance. Provided the aggregate number of Dwelling Units within Planning Areas A, C, D, F, G, H, J, K, RMF 1 and RMF 2 does not exceed 2,400, a ten percent (10%) increase in the number of Dwelling Units allowed within any Planning Area stated herein. (ii) Road Alignments. Changes to public or private street locations, internal circulation design/pattem or traffic capacity of the overall road network within the Property that has been approved by the Town and which may require a conforming amendment to this PUD Guide shall be processed and approved administratively. (iii) Public Improvements. Amendments to the Development Agreement, if any, that affect the scope of Public Improvements may require a conforming administrative amendment to this PUD Guide, if the revision affects Development Standards for a particular Site or Planning Area. (iv) Subdivision Related Changes Affecting Development Plans. If the Town approves any Preliminary Plan or Final Plat that incorporates any 1650530.652 2985509.10 ATTACHMENT B subdivision related element that is inconsistent or conflicts with any Development Standard or other element of this PUD Guide, including without limitation, any modifications to street extension(s) and/or street alignment(s) (including without limitation, elimination of the Required Street Connections), any conforming amendment to this PUD Guide that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a conforming amendment to this PUD Guide include, without limitation, lot line locations, right-of-way locations, internal public or private roadway locations, emergency access locations, utility locations, vacations, Planning Area boundaries, Building Envelope locations and/or areas, and other similar elements. Such conforming amendments shall apply only to the specific Lot(s) or Planning Area(s) affected by the Preliminary Plan or Final Plat the approval of which necessitated the conforming amendment. Any proposed elimination of a Required Street Connection that is not processed and approved in connection with a Preliminary Plan or Final Plat shall be subject to the formal amendment process set forth in Section H.2. (v) Planning Area Boundaries and Lot Lines. With the written consent of the Master DeveleperLandowner, an Applicant may amend the PUD Master Plan to increase or decrease the size of any Planning Area to conform the PUD Master Plan to an approved Final Plat or Application therefor that is being processed concurrently with such PUD Master Plan amendment. In addition, with the consent of the Master DevelLandowner, an Applicant may amend the PUD Master Plan to relocate or otherwise modify Lot lines and Planning Area boundaries and locations due to site planning or engineering considerations that are not directly associated with an approved or in -process Final Plat or other Application. The foregoing PUD Master Plan amendments and any other conforming amendments to this PUD Guide (to the extent that such modifications are necessary or desirable in connection with such PUD Master Plan amendments) shall be processed and approved administratively so long as the size of largest affected Planning Area is not increased or decreased by more than 10 percent. [e.g., if Planning Area X is 30 acres and Planning Area Y is 10 acres and abuts Planning Area X, Planning Area X (being the larger of the two planning areas) may be increased by three acres (30 acres X 10% = 3 acres) and Planning Area Y may be decreased by the corresponding three acres, and such amendment to the PUD Master Plan shall be administratively approved.] The relocation of an entire Planning Area to another location within The Village (at Avon) PUD shall follow the formal amendment process. (vi) Certain Text Amendments. Amendments to this PUD Guide as contemplated by Section A.1 (Definitions) —and_, Section G (Subdivision) —and, Section I.15 (^Community Housing Plan), and Exhibit C (Parking_ Regulations) shall be processed and approved administratively. Any amendment to this PUD Guide shall be processed and approved administratively. If the Master DeveloperLandowner, in its sole discretion, submits an Application to the Town to amend this PUD Guide to substitute Chapter 15.30 of the Municipal i 650530.653 2985509.10 ATTACHMENT B Code for the lighting standards set forth in Exhibit E, such amendment, if any, shall be processed and approved administratively. (vii) Compatible and Adequately Mitigated Modifications. In addition to the specific criteria for approval set forth in Sections 1-1.3(b)(i) through H.3(b)(vi) above, the Director may approve Applications that request modifications to Development Standards which comply with the following general criteria for approval: (1) are not materially incompatible with immediately adjacent Uses; and (2) are not fundamentally inconsistent with the Development Standards set forth in this PUD Guide other than the specific Development Standard addressed by the requested amendment; and (3) incorporate measures which adequately address significant impacts, if any, to immediately adjacent Uses. (c) Procedure. (i) Applicants must meet with the Director or his or her designated representative prior to submittal of an administrative amendment request (unless waived by the Director) in order to obtain input into the appropriateness of the request and the materials required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director shall determine, within fifteen (15) days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. With respect to administrative amendments contemplated in Section 1-1.3(b)(vi), the Director's review shall be limited to� off on the form of instrument submitted by the Applicant for recording in the real property records for the County of Eagle, State of Colorado pursuant to Section H.3(c)(y). (iii) If the administrative amendment request complies with Sections H.3(b)(i) through H.3(b)(vii) above, as applicable, it shall be processed administratively and the Director is authorized to approve the request. If the request does not comply with Sections H.3(b)(i) through 11.3(b)(vii), as applicable, Section H.2 above shall apply to the request. (iv) The Applicant may appeal any action or decision of the Director with respect to an administrative amendment request to Council by filing a written request for such appeal with the Town Clerk by not later than 5:00 p.m. on the 30th day following the action or decision being appealed. Such appeal may request a review of the Director's determination of an Application's eligibility for administrative processing and/or the Director's decision to deny or approve with conditions an administrative amendment Application. 1650530.654 2985509.10 ATTACHMENT B (v) Upon approval of an administrative amendment, the Applicant shall submit to Community Development a revised PUD Guide, or applicable portion thereof. Such revised documentation shall be signed by the Master DeveleperLandowner, the owner(s) of record and the Director, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. 4. Modifications Not Requiring Amendment. (a) No amendment (formal or administrative) to the Development Plan, or applicable component thereof, shall be required to modify the following Development Standards: (i) Maximum and Minimum Development Standards. No amendment shall be required for (x) reductions to density allowance, maximum Building Height, square footage allowance and Site Coverage Development Standards, or (y) increases to minimum Building Setback, Lot Area and parking requirements. (ii) Planning Area K Building Envelopes. No PUD Guide amendment shall be required with respect to the establishment of the final Building Envelope of a Lot or Site within Planning Area K, it being the intent of this PUD Guide that Building Envelopes within Planning Area K shall be established only pursuant to a Final Plat as otherwise set forth in this PUD Guide. (b) If a modification to this PUD Guide does not require an amendment pursuant to this Section HA, the Applicant shall submit to Community Development a revised PUD Guide setting forth such modification. Such revised documentation shall be signed by the Master DeveleperLandowner and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. I. SUPPLEMENTAL REGULATIONS- 1. Interim Uses. Interim Uses shall be pennitted within The Village (at Avon) PUD as follows: (a) The following Uses or structures, in existence from time to time prior to development of the applicable portion of The Village (at Avon) PUD, shall be considered approved Interim Uses without the requirement of further action, but subject to approval, modification and/or termination as provided above in connection with Design Review Board processing of applications therefor in accordance with the Design Review Guidelines and Design Covenant: (i) Agricultural Uses within undeveloped portions of The Village (at Avon) PUD generally. 1650530.655 2985509.10 ATTACHMENT B (ii) The rodeo and ancillary carnival use within Planning Area A to the extent of such use for the last three years including a maximum 20% expansion of the square footage of the existing rodeo area and related parking and expansion of seasonal timeframe of operations (expansion in excess of 20% or expansion of hours of operation shall require a Temporary Use permit). (iii) Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales in Planning Area A, not to exceed 10 days in the aggregate in a calendar year, provided that such Use exceeding 10 days in the aggregate in a calendar year shall require a Temporary Use permit. (iv) Recycling Facility and trash drop-off within Planning Areas A and D existing as of the Effective Date. (v) Snow storage within undeveloped portions of The Village (at Avon) PUD generally. (vi) The Mobile Home office/storage Use existing as of the Effective Date and community garden within Planning Area A. (b) Agricultural and snow storage Uses (unless specifically designated as ana Prohibited Use within the applicable Planning Area) shall be permitted on undeveloped land within all Planning Areas until such time as the Town approves an initial building permit Application for construction of a Building on the applicable Site, provided that such Uses may continue on the portion of the applicable Planning Area for which a building permit Application has not been approved by the Town. 2. Solid Fuel Burning Devices. Development within The Village (at Avon) PUD shall comply with Chapter 15.24, Solid Fuel Burning Devices, of the Municipal Code, as in effect on the of exe-eution of the Sealement Tefm SheeiOctober 7, 2011. 3. Signs. Signs shall be permitted in all Planning Areas within The Village (at Avon) PUD provided they are in conformance with Design Review Guidelines, the terms and requirements of which comprise the sole and exclusive sign regulations within the Village (at Avon) PUD and expressly supersede any sign regulations set forth in the Municipal Code. All signage and streetscape improvements, including any future modifications to built signage and streetscape improvements, located within public rights -of -way within The Village (at Avon) shall be in conformance with the Manual of Uniform Traffic Control Devices for Streets and Highways. Except as otherwise provided in this Section I.3, the Design Review Board is the sole and exclusive authority for approval of signs within The Village (at Avon) PUD. The Town has approval authority with respect to confirming that signs and landscaping approved by the Design Review Board in the public rights -of -way within The Village (at Avon) PUD relating to safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets and Highways. Sign installation shall be subject to the requirements of Section 15.28.050(c) of the Municipal Code. 1650530.656 2985509.10 ATTACHMENT B 4. Parking Requirements. Parking within The Village (at Avon) shall be in conformance with Parking Regulations set forth in Exhibit C to this PUD Guide, which shall be the sole and exclusive parking regulations applicable within The Village (at Avon) PUD and which expressly supersede any parking regulations set forth in the Municipal Code, including without limitation, any additional or conflicting such provisions. Notwithstanding the foregoing, parking within The Village (at Avon) shall comply with the requirements of the Americans with Disabilities Act and any other applicable federal regulations as may be amended and as may be applicable in accordance with the provisions of such federal regulations. 5. Surface Parking Landscaping Requirements. A 10' wide perimeter landscape buffer shall be installed and maintained for all outdoor surface parking lots within The Village (at Avon) PUD, except for points of ingress and egress to the parking lot, and except for those portions of the perimeter that abut existing or planned outdoor surface parking areas. The landscaping plan for such landscape buffers shall comply with applicable provisions of the Design Review Guidelines, and shall be subject to prior approval of the Design Review Board. 6. Drainage Requirements:. (a) In addition to the Town's drainage provisions, the following provisions shall also apply to drainage: (i) Floodplains that are a result of manmade structures can be eliminated by enlarging the existing drainage conveyance facilities such that excessive backwater/floodplains would be diminished, but in no event shall such enlargement of existing facilities cause an increase in the 100-year flood level elevation on adjacent or downstream properties. (ii) If demonstrated that the release of flows directly into the Eagle River does not result in an increase of the 100-year flood level elevation of the Eagle River, such developed releases shall be allowed. This determination shall be based upon analysis of the Eagle River basin hydrograph and the site -developed hydrograph being combined. (b) In processing any Application for development within the Property, the Town shall incorporate the assumptions of the drainage study prepared by David Johnson for the Property (the "Johnson Study") with respect to reducing the calculated stormwater flows, management and detention requirements based on the mitigating effect of vegetation within the Property. The assumptions set forth in the Johnson Study shall govern and control over any conflicting provisions or assumptions in the Town's drainage master plan, as may be amended from time to time; provided, however, if the Town amends its drainage master plan, which amendment results in less restrictive or less burdensome provisions than set forth in the Johnson Study, such less restrictive or less burdensome provisions in the Town's drainage master plan shall apply to the Property. 7. Sidewalk and Trail Standards. The minimum sidewalk and trail width standards shall be as follows: 57 2985509.10 ATTACHMENT B (a) Sidewalk: Except as set forth in Exhibit F, 4' minimum width for local streets and 6' minimum width for collector and arterial streets. (b) Multi -use trails: 8' minimum width. 8. Alternative Equivalent Compliance and Variances. Deviations from strict application of a standard or requirement of the Development Code shall be considered by the Town on a case by case basis in accordance with (a) Section 7.16.120 (alternative equivalent compliance) of the Development Code, provided that such deviations may only be considered by the Town for those subject matters expressly set forth in Section 7.16.120; or (b) Section 7.16.110 (variances) of the Development Code. 9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements. The following supplemental design and improvement standards shall apply to any Hotel, Motel and Lodge Uses developed within Planning Area J ("Supplemental Hotel Design Standards") in addition to other applicable design standards set forth in this PUD Guide, including without limitation, the Minimum Design Guideline Standards. Compliance with these Supplemental Hotel Design Standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses. Deviations from these Supplemental Hotel Design Standards may be considered and approved in accordance with Section 7.16.120 (alternative equivalent compliance) of the Development Code. The Supplemental Hotel Design Standards are as follows: (a) Exterior Building Materials and Color. (i) Requirements (1) A minimum of 20% of the vertical surfaces on each side of the exterior building elevation shall be comprised of stone, brick, precast concrete or cast stone. (2) Colors shall have a LRV (Light Reflective Value) of sixty (60) or less. (3) All window frames shall be metal clad or alloy extrusions. (ii) Prohibited (1) Colors shall not have a LRV greater than sixty (60). (2) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding, aluminum or vinyl siding and exterior insulated finishing system (EIFS) are not permitted. (3) Reflective glass shall not be permitted. (b) Roofs. 1650530.658 2985509. 10 ATTACHMENT B (i) Pitched (1) All pitched roofs shall be no less than a four -to -twelve (4:12) slope. (2) Roof materials shall be unglazed concrete tiles, slate, copper, zinc, standing seam pre -patina metal (CorTen or equivalent) or synthetic shakes. Solar and thermal collectors are permitted. (3) Overhangs are required. Buildings of two (2) stories or less shall have an overhang of no less than eighteen (18) inches, measured from the point where the wall meets the roof. Three (3) to four (4) story Buildings shall have an overhang of no less than twenty enty-four (24) inches, measured from the point where the wall meets the roof. (ii) Flat. Flat roofs shall have concrete pavers or stone ballast. Grass roofs and solar and thermal collectors are permitted. (c) Screening. All mechanical, communications and electrical equipment (wall and roof mounted) shall be screened from view of the adjacent street level with siding and/or roofing materials consistent with the Structure. All vent terminations, flashings, flues, safety apparatus and similar features shall utilize adjacent materials. (d) Articulation. Walls shall not span more than fifty (50) feet horizontally without a minimum of two (2) feet variation in the horizontal wall plane. Walls shall not span more than thirty (30) feet on any floor level without a minimum of one (1) architectural element. 10. Wildlife Mitigation Plan. Development within The Village (at Avon) PUD shall comply with the Wildlife Mitigation Plan attached as Exhibit D to this PUD Guide, which is and shall constitute the sole and exclusive wildlife mitigation measures required for The Village (at Avon) PUD and expressly supersedes any wildlife mitigation regulations set forth in the Municipal Code. 11. Design Review Guidelines..-. (a) The Master D€velepefLandowner previously has prepared, and the Design Review Board previously has adopted, Design Review Guidelines which the Design Review Board utilized and shall utilize for review of all development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF4-1 and Planning Area K, the Design Review Guidelines shall contain, among other matters, requirements and standards that meet or exceed the Minimum Design Review Standards. (b) The Master DeveloperLandowner or the Design Review Board may, in accordance with the terms and conditions of the Design Covenant and the Design Review Guidelines, as applicable, amend the approved and adopted Design Review Guidelines. 1650530.659 2985509.10 ATTACHMENT B Amendments to the Design Review Guidelines that do not conflict with any term of or are more stringent than any Development Standard established by this PUD Guide shall not require an amendment to this PUD Guide, and shall not require review by the Town. Amendments to the Design Review Guidelines which are less stringent than any Development Standard established by this PUD Guide may require an amendment to this PUD Guide which, in the discretion of the Director, may be processed formally or administratively pursuant to Section H of this PUD Guide. (c) The Design Review Board shall have primary responsibility for enforcing the Design Review Guidelines. If Council determines in good faith at a public hearing after notice to the Design Review Board (which notice shall be in writing and given no later than twenty (20) days prior to the date of such hearing by certified mail addressed to the President of the Design Review Board) that the Design Review Board is not properly enforcing the Design Review Guidelines, Council shall provide written notice to the Design Review Board of such determination. Such notice shall state with particularity the alleged failure and Council's factual findings supporting such determination. If the Design Review Board fails to correct the stated deficiency within thirty (30) days after receipt of such notice, Council may, but shall not be obligated to, enforce the Design Review Guidelines with respect to the matters addressed in the notice. (d) Nothing in this Section I.11 shall be deemed to prevent Master Develepef andowner and/or the Design Review Board from appealing to the courts the disapproval of the Design Review Guidelines by the Town or enforcement of the Design Review Guidelines, or from pursuing in the courts any remedy otherwise available at law or in equity. 12. Natural Resource Protection. Development within The Village (at Avon) PUD shall comply with Section 7.28.100 of the Development Code, as in effect on the date o,,,,f:,.,, of the Se4lev ent Tv..m Shoo+October 7, 2011, except as set forth in this section or expressly exempted in Exhibit G to this PUD Guide. Notwithstanding any contrary provision of the Municipal Code, as in effect from time to time, development within The Village (at Avon) PUD may occur on slopes of thirty percent (30%) or greater for public improvements, other infrastructure improvements, streets, drive lanes, driveways, utilities and similar improvements. 13. Residential Fire Suppression Systems. All single-family and multi -family residential structures constructed in Planning Area RMF4-1 and in Planning Area K shall include fire suppression systems as required by applicable Eagle River Fire Protection District regulations, as may be amended from time to time and applied on a uniform and nondiscriminatory basis within the Town. With Respect to Planning Area RMF4-1 and Planning Area K, the Town may enforce the applicable Eagle River Fire Protection District regulations but may not adopt or apply any residential fire suppression system regulations which are more stringent or inconsistent with residential fire suppressions system regulations adopted by the Eagle River Fire Protection District for Planning Area RMF4-1 and Planning Area K. 14. Park, Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the "Districts" (as described in Exhibit F of the Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, 1650530.660 2985509.10 ATTACHMENT B to all residents of the Town at such times and subject to such rules and regulations as the Districts shall prescribe. Additionally, the Master DeveleperLandowner shall facilitate, but shall have no obligation to construct or install, non -motorized access through the Property to off trail systems as follows, which obligations shall constitute the sole and exclusive off -site trail connection requirements for The Village (at Avon) PUD and expressly supersede any off -site trail connection regulations set forth in the Municipal Code: (a) Master DeveleperLandowner previously has provided a public trail head location in Planning Area RMF-2-2, connected by a trail to United States Forest Service property located north of Planning Area OS1, and Master De er-'sLandowner's obligations with respect to public trail connectivity between Planning Area RMF-2-2 and Planning Area OS 1 have thereby been fully satisfied nor to the Effective Date; and (b) Master DeveleperLandowner shall facilitate, but shall not have the obligation to construct, a trail, sidewalk and/or road to be oriented on a generally east -west axis, and which shall cross the Property solely through Planning Areas I, J, P3, OS2 and RMF-2-2 and the most southerly quarter section of Planning Area K. Master DeveleperLandowner shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 15. Afford leCommunity Housing Plan. Master DeveleperLandowner will provide for- arm ,-dab e housing, or assure that others provide, for Community Housing Units within the Property at locations determined by Master DeveleperLandowner in its sole discretion and in accordance with the following terms, conditions and requirements set forth in this Section I.15. The obligations set forth in this Section I.15 shall constitute the sole and exclusive affordable or community housing requirements for The Village (at Avon) PUD and expressly supersede any affordable or community housing regulations set forth in the Municipal Code. Notwithstanding the foregoing, if, subsequent to the f eetive Da*August 1, 2014, the Town amends from time to time Section 7.20.100 of the Development Code, the Master Developer —Landowner, in its sole discretion, may consider amendment of this PUD Guide to incorporate such amended provisions herein, which amendment(s), if any, shall be processed in accordance with the administrative amendment procedure set forth in Section H.3. (a) Master DevelopefLandowner will provide for a total of 500 Community Housing Units, or assure that the same are supplied by others, as set forth below. The greater of the number of Community Housing Units (x) permitted within Planning Areas CH-1 and CH-2 pursuant to Section D.13(e)(iii) and (y) actually constructed within Planning Areas CH-1 and CH-2, shall count towards the Property's Community Housing Unit obligation, regardless of whether or when the Town causes the construction of such Community Housing Units. As of the Effective Date, Master DeveleperLandowner has provided 244 aff r-d wiz g t1flits, and, there -fore, Master- Be-velop&'-320 Community Housing Units [36 Community Housing Units permitted, but not vet constructed, in Planning Area CH-1 + 40 Community Housing Units permitted but not yet constructed, in Planning Area CH-2 + 244 Community Housing Units in other areas of the Property = 3201. Therefore, Master Landowner's obligation after the Effective Date is to provide, or assure others provide, the remaining 256z oz'e housing [500- 244- 2561180 Community Housing Units 500 - 320 = 180("Remaining Community Housing Units"). The Master DeveleperLandowner will have an obligation to provide or assure others provide, the Remaining Community 1650530-.6 61 2985509.10 ATTACHMENT B Housing Units at such time as both of the following conditions have been satisfied: (i) the Town has issued final certificates of occupancy for Commercial Space within the Property in the aggregate of 650,000 square feet of consolidated Gross Square Footage; and (ii) the Town has issued final certificates of occupancy for an aggregate of 1,881 Dwelling Units. The foregoing ^aloe ationsconditions (i) and Aii) shall not include past or additional affordable housing u*itsCommunity Housin>; Units and shall not include Commercial Space or Dwelling Units located within Planning Area I. (b) The Master DevelepefLandowner will have an obligation to provide an additional 23 affordable h i _ ` Community Housing Units, or assure that the same are supplied by others, as set forth below and as follows: Thethe Master Dev Landowner will have the obligation to provide such additional 23 aff-efdable L,,.,,sing tmit- Community Housing Units only upon the satisfaction of the conditions precedent as set forth in this subsection. The Master Do„Landowner will have the obligation to provide 13 of the additional 23 housing uni Community Housing Units only upon the Town's issuance of final certificates of occupancy for Commercial Space within the Property in the aggregate of 750,000 square feet of consolidated Gross Square Footage. The Master DevelopefLandowner will have the obligation to provide an additional 10 of such 23 Community Housing Units (for a total of 23 additional Community Housing Units) only upon the Town's issuance of final certificates of occupancy for Commercial Space within the Property in the aggregate of 825,000 square feet of consolidated Gross Square Footage. (c) Pr-iar-ity in the sale and rental of the units will first go to people empleTe in the Pfepefty, seeond to people employed in the Town outside of the Pr-epefty, and t to people empleyed in Eagle County outside of the TeA%; pr-evided, however-, that within housing units will 4Fst go to people efnplo�vd in the Town and seeond to people - In accordance with the terms of the Original PUD, a minimum of 100 Community Housing Units, were constructed in conjunction with the initial phase of commercial and/or residential construction within the Property. The timing of the construction of the Remaining Community Housing Units shall be as described in Sections I.15(a) and I.15(b). (d) �sale units _lis will be targeted 800% 120 � of th Eagle County Median Family ineeme (the l J argeed t6 " �1"v'c'r" ) as determined by the DepaAm of UrbanDevelopmentr guidelines or- by the �Tvwiri-€b @Hit si guidelines eease t6be maintained yttLDe1En-of i Housing--sii�d hb Development. Not more than fifty per-eent 0 ) of sueh units may be targeted for- ° .The Town will administer all Community Housing Units in accordance with the Community Housing Policies. Maximum rents and income limits shall be determined by (i) the most recent Colorado Housing and Finance Administration Income Limits and Maximum Rent Tables for Eagle County; or ii) a separate agreement or deed restriction between a Landowner and the Town for a 165030.E 62 2985509.10 ATTACHMENT B particular Site, in which case said Dwelling Units shall count toward Master Landowner's Community Housing Unit obligation set forth in this Section L 15. (e) ,, io units shall be deed ,oSt,; ,oa * ro o the fE) ,,,.;,,R:Community Housing Units may be for -sale or for -rent. (i) The sale- of units src shall be-iestrietcdto "QualifiedBuyers," defined as fTFor-Sale Community Housing Units. Q) Unless agreed to by the Town and Master Landowner by separate agreement, for -sale Community Housing Units shall be restricted to (a) households earning up to 140% of the Area Median Income (or such higher Area Median Income as may be set forth in Section 7.20.100 of the Development Code or the Community Housing Policies), with household income calculated as a four -person household for all households, or (b) Qualified Employers as such term is defined in the Community - Housing Policies) in accordance with the Community Housing Policies. For -sale Community Housing Units shall be subject to the Community Housing Unit deed restrictions in the form set forth in Appendix A of the Community Housing Policies or in a form approved by Town Council. 1. _ I' i SA& I' RI_ _ , . i 63 2985509. 10 ATTACHMENT B as the Town ;ieil e ffoFa time to time, will e establ-isrhedFor-Rent Community Housing Units. W Unless agreed to by the Town and Master Landowner by separate agreement, for -rent Community Housing Units shall be restricted to households earning up to 120% of the Area Median Income or such higher Area Median Income as may be set forth in Section 7.20.100 of the Development Code or the Community Housing Policies), with the maximum rent per bedroom of a Community Housing Unit not to exceed the rent applicable to 120% of the Area Median Income divided by the number of bedrooms in the Community Housing Unit. C'iTI if and when an ownef moves out of his of hef tinit, he of she will be required to sell his oF heF unit to MasteF DevelopeF (whieh unit shall be Fesold O-v) The fental units will be tafgeted to households eafflifig between 0 0of the EGMFI. Refits shall not exeeed 30% of the tenant's monthly ifleome, size,adjusted for hottsehold ineluding titilities, annually by the Calefado Housing Finanee Agene-y-. CY7 Capital impr-ovements to a for sale unit may be made up to ten In addition to the annual pfiee -uppicciirtt6r,- real —citc�te 0 ) and elosing eosts shall be allowed r-e sales of for- sale units af4eF the initial sales of sueh foF sale units bY the Master - Developer, 0,40 FiFs't tifne 1 oine 1 uyeFs shall be e*efnpt ffoniReal Estate TFansfeT Fees as set fofth in the Development Agfeement.- (f) In a6c-er-dane-e with the tefms of the —Origin l PU-D a minimum f l nn aff4dable housing units kvefe eenstfueted in with the initial phase of - the Developers—designee)hall be as deser-ibed in Seetions I.l v) „a 1 ,Notwithstanding anything to the contrary herein, up to 85 of the Remaining Community Housing Units still to be provided as of the Effective Date may be resident -occupied Community Housing Units (either for sale or for rent) without regard to the Area Median Income level, subject to Master Landowner's approval. If the Town and Master Landowner both approve, then more than 85 of the Remaining Community Housing Units may be provided within the Property as resident -occupied Community 165030.E 64 2985509.10 ATTACHMENT B Housing Units either for sale or for rent) without regard to the Area Median Income level. (g) Notwithstanding anything in the Community Housing Plan to the contrary the Town may lease up to two Community Housing Units within Planning Area CH-2 to Town employees without regard to the Area Median Income level and at any rental amount, so long as each lease (inclusive of any extension or renewal thereof) does not exceed a period of 14 months. 16. Provision of Certain Amenities..-. (a) Community Park (Planning Area P3). (i) Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 6015Y Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 12001h Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (b) Pocket Parks (Planning Areas PI and P2). (i) As of the Effective Date, the Master ^ �'f�Landowner and the Affiliated Landowners have fully satisfied all obligations with respect to provision of a pocket park within Planning Area P2. (ii) The Master Developer- and/or- Developer- AffiliatesLandowner and/or Affiliated Landowners shall dedicate to the Town a pocket park generally comprising Planning Area PI contemporaneously with the Town's approval of the first Final Plat within Planning Area C, provided that any and all improvements to and within Planning Area P I shall be the sole responsibility of the Town. (c) Additional Parkland Dedication. As and when set forth in Section 3.7(d) of the Development Agreement, Master DeveleperLandowner and/or the Developer- A4filiatesAffiliated Landowners shall dedicate certain additional parkland to the Town comprising 5.8 acres in the aggregate within Planning Areas K, J and I; provided however, Master DeveleperLandowner and/or the Affiliated Landowners may, in their sole discretion, dedicate any or all of such additional parkland in Planning Areas A, C and/or D, which dedicated parkland may be adjacent to Planning 1650530.665 2985509.10 ATTACHMENT B Area P 1 resulting in the enlargement or widening of Planning Area P 1. Unless waived by the Director, such parkland shall comply with the following minimum requirements: (i) Minimum one -quarter (1 /4) acre in size; (ii) Centrally located within, adjacent or to neighborhoods served; (iii) Sited to provide for public surveillance from adjacent or nearby streets; (iv) Accessible from the surrounding neighborhoods by sidewalks and/or trails; and (v) Unless dedicated for linear park purposes (i.e., multi -use trails, bikepaths, etc.), at least fifty percent (50%) of the dedicated parkland shall be well -drained and level. (d) Planning Area B. (i) Contemporaneously thPrior to the Effective Date- and as the Town la -,approved a Final Plat for Planning Area B and Traer C+eek RP hasCreek-RP executed and delivered to the Town a special warranty deed for the purpose of conveying to the Town fee simple ownership of Planning Area B, subject to the terms and conditions set forth in the special warranty deed and further subject to compliance with all applicable terms, conditions, regulations and requirements of this PUD Guide and the Design Covenant. (ii) At such time as the Town determines desirable, the Town shall be responsible for the cost of all design, construction, operation and maintenance of improvements within or upon Planning Area B. All such Uses and improvements within or upon Planning Area B shall be subject to review and written approval of the Design Review Board. (iii) As and when Master DevelopefLandowner determines it to be necessary or desirable in connection with development within Planning Areas that abut or are adjacent to Planning Areas B and upon submittal of an Application for such purposes, the boundaries of Planning Area B shall be modified pursuant to the administrative platting procedures set forth in Section G of this PUD Guide, subject to the following conditions: (1) The Town has not previously constructed improvements within or upon Planning Area B that make such modifications impossible or that would cause such modifications to unreasonably interfere with the Town's operation and use of such previously constructed improvements; 1650530.666 2985509.10 ATTACHMENT B (2) Such modifications shall not result in a reduction in the aggregate acreage of Planning Area B without the Town's written consent; (3) Concurrently with recording such Final Plat, the Town and the Applicant(s) shall exchange special warranty deeds conveying the applicable modified areas to the appropriate grantee, subject to matters of record and deed restrictions, if any, reasonably acceptable to the applicable grantee; and, (4) Such modifications may be accomplished as part of ana Final Plat that establishes Lots or Blocks with respect to the adjacent or abutting Planning Area(s), in the discretion of the Applicant. 67 2985509.10 ATTACHMENT B EXHIBIT A Legal Description (Deleted graphics)B and E. Final Plat, The Village (at Avon) Filing 1, according to the plat tnereot recoraea in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 795007. Lots I. 5 and 6. and Tracts A, C. D. F and G. Amended Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado. Clerk and Recorder under Reception No. 898173-1 Lots 1 through 5. inclusive. and Tracts A through H, inclusive, Final Plat. The Village (at Avon) Filing 2, according to the plat thereof recorded in the office of the Eagle County. Colorado. Clerk and Recorder under Reception No. 796831-1 Tracts A. D. E. G and H. Final Plat, The Village (at Avon) Filing 3. according to the plat thereof recorded in the office of the Eagle County, Colorado. Clerk and Recorder under Reception No. 882776: and Tracts B and F. Amended Final Plat. The Village (at Avon) Filing 3. A Reconfiguration of Tracts B and F, according to the plat thereof recorded in the office of the Eagle County. Colorado. Clerk and Recorder under Reception No. 200712166, TOGETHER WITH THE FOLLOWING PARCEL (OS5): That part of the NE 1 4 of Section 17, Township 5 South. Range 81 West of the Sixth Principal Meridian, Eagle County. Colorado. according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington. D.C.. lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1 4 corner of said Section 17, thence S89123'36"E 526.76 feet. along the northerly line of said NE 1 '4 of Section 17. to the northerly right-of-way line of the Denver & Rio Grande Western Railroad. thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad. said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80" 36'27'1N 267.66 feet: (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06°04'58", and a chord which bears S83''38'5T'W 263.81 feet. to the westerly line of said NE 1 4 of Section 17; thence NOO"20'55"W 78.44 feet. along said westerly line. to the point of beginning containing 0.53 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (OS6): That part of the NE 14 of Section 17. Township 5 South. Range 81 West of the Sixth Principal Aeridian, Eagle County. Colorado. according to the Dependent Resurvey of said Township and Range. accepted November 1, 1943 by the Department of the Interior General Land Office in Washington. D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: Beginning at the Northeast corner of said Section 17: thence SO 1 A 'I'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said Exhibit A - Page 1 -1650530.6-2985509.10 ATTACHMENT B WEST PARCEL Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Tract A, Tract B, Tract C, Tract D, Tract E, Tract F, Tract G and Tract H The Village (at Avon) Filing 2 according to the Final Plat of The Village (at Avon) Filing 2 recorded on May 28, 2002 at Reception No. 796831. STOLPORT Exhibit A - Me 2 �0.6-2985509.10 ATTACHMENT B (Deleted graphics) 73.07 feet. to the centerline of said Eagle River; thence the following 1UU1 kluul u,,J11y maid centerline (Filum aquce): (1) N89°24'49"W 1037.9 feet; (2) N86`07'49"W 472.00 feet: (3) N89 29'49"W 538.00 feet; (4) S82`,33'11"W 595.15 feet, to the westerly line of said NE IA,, thence N00020'55'W 49.18 feet. along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad, thence, departing said westerly line of Section 17. the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad. said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 0611'51", and a chord which bears N83-42'23"E 279.58 feet, (2) N8013627"E 350.86 feet, (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet. a central angle of 12`24'07". and a chord which bears N86'48'31"E 685.10 feet. (4) S86"59'25"E 1216.38 feet, (5) 112.54 feet along the arc of a curve to the right. having a radius of 2549.33 feet. a central angle of 02`31'46". and a chord which bears S85-43'31 "E 1 12 53 feet. to the True Point of Beginning, containing 5.28 acres. more or less. TOGETHER WITH THE FOLLOWING PARCEL (EAST PARCEL): Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County. Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington. D.C.. described as a whole as follows Beginning at the Northwest comer of said Section 8. thence the following four courses along the northerly line of said Section 8: (1) N88"40'41"E 1379.49 feet, to the W 1 16 comer of said Section 8 and Section 5 of said Township and Range; (2) N88°40'41"E 1379.49 feet. to the 1A comer of said Sections 8 and 5; (3) N88-42'58"E 1385.36 feet. to the E 1116 corner of said Sections 8 and 5; (4) N88142'58"E 1385.36 feet, to the comer of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83°29'30"E 1386.63 feet, to the W 1 16 corner of said Sections 9 and 4; (2) N83°29'30"E 1386.64 feet, to the 1 A comer of said Sections 9 and 4: (3) N83-24' 12"E 1386.30 feet, to the E 1l16 comer of said Sections 9 and 4' (4) N83�24' 12"E 1386.30 feet. to the comer of said Sections 4, 9 and 10 and Section 3 of said Township and Range. thence the following two courses along the northerly line of said Section 1& (1) N86039'24"E 1381.29 feet, to the W 1, 16 corner of said Sections 10 and 3, (2) N86039'24"E 1299.94 feet. thence. departing said northerly line, SO -'34'07"W 2699.66 feet. to the east -west centerline of said Section 10; thence, along said east -west centerline, S86°32'23"W 1304.06 feet, to the W 1 16 corner of said Section 10. thence SO "32'50'W 1349.33 feet. along the easterly line of the NW 14 SW 1 4 of said Section 10, to the SW 1,16 comer of said Section 10: thence S86"32'47'W 1384.91 feet, along the southerly line of said NW 1.4 SW IA to the S 1 16 corner of said Sections 10 and 9; thence S77-10' l YW 1413.37 feet, along the southerly line of the NE 1!4 SE 1 A of said Section 9, to the SE 1.16 comer of said Section 9; thence S0V'33'02'W 1475.32 feet, along the easterly line of the SW 1 A SE 1 A of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range, thence S72,20'31"W 1450.43 feet, along the southerly line of said SW 1, 4 SE IA, to the 14 corner of said Sections 9 and 16'. thence NO I -34' 18"E 1601.52 feet, to the CS 1 16 corner of said Section 9, thence S86,07'30'W 1378.19 feet, along the southerly line of the NE 1-4 SW 1'4 of said Section 9, to the SW 1,16 corner of said Section 9: thence S01033'13"W 1506.37 feet, along the easterly line of the SW 14 SW 1 4 of said Section 9, to the W 1/16 comer of said Sections 9 and I& thence N89055'04'W 1371.96 feet. along the southerly line of said SW 1.A SW IA to the section corner of said Sections 8, 9, Exhibit A - Page 3 -1650530.6-2985509.10 ATTACHMENT B Lot 2, Lot 3, Lot 4, Tract B and Tract E The Village (at Avon) Filing 1 According to the Final Plat The Village (at Avon) Filing 1 recorded on May 8, 2002 at Reception No. 795009. Lot 5, Lot 6, Tract A, Tract C, Tract D, Tract F and Tract G The Village (at Avon) Filing According to the Amended Final Plat The Village (at Avon) Filin&Lrecorded November 18, 2004 at Reception No. 898173 Lot 2 and Lot 3 Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 According to the Second Amended Final Plat — Amended Final Plat, The Village (at Avon) Filing 1- A Resubdivision of Lot 1 recorded August 1, 2014 at Reception No. 201412782. Lot 7, Lot 8 and Tract H Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 According to the Third Amended Final Plat — Amended Final Plat, The Village (at Avon Filin _ I -A Resubdivision of Lot 1 recorded August 15, 2019 at Reception No. 201913092. Lot 1, Lot 9, Tract H-1, Tract I and Tract F-1 Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 According to the Fourth Amended Final Plat — Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 recorded March 13, 2024 at Reception No. 202402670. Exhibit A- t4ge 4 �0.6-2985509.10 ATTACHMENT B (Deleted graphics) -up and Range; thence NOI�32'00"E 3.82 feet, along the westerly line of Section Y, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad. said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks. thence the following two courses along said northerly right-of-way line: ( 1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15'34". and a chord which bears N85°51'36"W 104.47 feet; (2) N86°59'25"W 1213.28 feet, to the westerly line of the SE 1 A SE 1/4 of said Section 8; thence N00°5 I *07" E 1337.77 feet, along said westerly line, to the SE 116 corner of said Section 8; thence N89'54'54"W 1333.58 feet, along the southerly line of the NW 1 A SE 1i4 of said Section 8, to the CS 1/16 corner of said Section 8. thence N89'58'35"W 1366.46 feet, along the southerly line of the NE 1 4 SW IA of said Section 8, to the SW 1i 16 corner of said Section 8; thence S00-01'37"E 919.47 feet. along the easterly line of the SW 1i4 SW 1 A of said Section 8. to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder: thence the following ten courses along said northerly right-of-way line: (1) N65-30'20"W 249.79 feet: (2) N78"47'50"W 317.2 feet; (3) N83'08'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30015'52", and a chord which bears N54 57'S6"W 763.3 feet: (5) N34-37'S0'W 331.1 feet, (6) N34-44'20'VV 368.5 feet: (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet. a central angle of 25-27'04". and a chord which bears N51--29'50"W 798.3 feet; (8) N68°24'50"W 399.7 feet- (9) N49°47'20"W 213.6 feet; (10) N70`'20'50"W 765.1 feet, to the northerly line of the SE 1.4 of said Section 7. thence the following two courses along said northerly line: (1) N89'50'40"E 1194.46 feet, to the CE 116 corner of said Section 7; (2) N89°50'40"E 1378.25 feet, to the 1'4 comer of said Sections 7 and 8: thence the following two courses along the westerly line of said Section 8: (1) N00°10'53"W '1369.09 feet, to the S 1/16 corner of said Sections 7 and 8: thence N00' I0'S3"W 1369.10 feet, to the point of beginning. EXCLUDING from above The Village (at Avon) Filing 3 according to the plat thereof recorded in the office of the Eagle County. Colorado, Clerk and Recorder under Reception No. 882776. Said East Parcel containing 1366.95 acres. more or less. with The Village (at Avon) Filing 3 area subtracted. All of the above -described Property containing 1,780 acres. more or less. Town of Avon Eagle County, Colorado SOUTH PARCEL A North of Railroad right-of-wa That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-wav line. described as follows: Beginning at the N 1/4 corner of said Section 17; thence S89°23136"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right--of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: 1) S80°36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of Exhibit A - Page 5 -1650530.6-2985509.10 ATTACHMENT B 2486.03 feet, a central angle of 06°04'58", and a chord which bears S83°38'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00°20'55"W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. SOUTH PARCEL B (South of Railroad right-of-ways That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: Beginning at the Northeast corner of said Section 17; thence SO 1 °41'49"E 96.93 feetly , alon the easter line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, S01041'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aguce): (1) N89°24'49"W 1037.9 feet; (2) N86°07'49"W 472.00 feet; (3) N89°29'49"W 538.00 feet; (4) S82°33'11"W 595.15 feet, to the westerly line of said NE 1/4; thence N00020'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly - right -of -way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06'11'51", and a chord which bears N83°42'23"E 279.58 feet; (2) N80°36'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12°24'07", and a chord which bears N86°48'31"E 685.10 feet; (4) S86°59'251'E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02°31'46". and a chord which bears S85°43'31"E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. TRACT M Those parts of Sections 8 and 9, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943, by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the W 1/16 corner of said Section 9 and Section 16 of said Township and Range, thence N89055'04"W 1371.96 feet, along the southerly line of said SW 1/4 SW 1/4 to the Section corner of said Sections 8, 9, and 16 and Section 17 of said Township and Range; thence NO1°32'00"E 3.82 feet, along the westerly line of said Section 9, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15'34", and a chord which bears N85°51'36"W 104.47 feet; (2)N86°59'25"W 1213.28 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51'07"E 717.58 feet along said westerly line; thence, departing said westerly line, S89°55'04"E 2698.45 feet, to the easterly line of the SW 1/4 SW 1/4 of said Section 9, thence, along said easterly line, SO1°33'13"W 790.94 feet, to the point of beginning, containing 47.70 acres, more or less. REVISED EAST PARCEL (Minus Tract M) Exhibit A - Page 6 -1650530.6-2985509.10 ATTACHMENT B Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said Section 8: (1) N88°40'41"E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88°40'41"E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N88°42'58"E 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88°42'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83°29'30"E 1386.63 feet, to the W 1/16 comer of said Sections 9 and 4; (2) N83°29'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83°24'12"E 1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83°24'12"E 1386.30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86°39'24"E 1381.29 feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86°39'24"E 1299.94 feet; thence, departing said northerly line, SO1°34'07"W 2699.66 feet, to the east -west centerline of said Section 10; thence, along said east -west centerline, S86°32'23"W 1304.06 feet, to the W 1/16 corner of said Section 10; thence SO1°32'50"W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 comer of said Section 10; thence S86°32'47"W 1384.91 feet, along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9; thence S77010'15"W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, to the SE 1/16 corner of said Section 9; thence SO1°33'02"W 1475.32 feet, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, to the E 1/16 comer of said Section 9 and Section 16 of said Township and Range; thence S72°20'31"W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence NO1°34'18"E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S86007'30"W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence SO1°33'13"W 715.42 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 9; thence, departing said easterly line, N89°55'04"W 2698.45 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N0005 POTT 620.19 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89°54'54"W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89058'35"W 1366.46 feet - along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00°01'37"E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses along said northerly right-of-way line: (1) N65°30'20"W 249.79 feet; (2) N78°47'50"W 317.2 feet; (3) N83°08'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30° 15'52", and a chord which bears N54°57'56"W 763.3 feet; 5) N34037'50"W 331.1 feet; (6) N34°44'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25°27'04", and a chord which bears N51°29'50"W 798.3 feet; (8) N68°24'50"W 399.7 feet; (9) N49°47'20"W 213.6 feet; (10) N70°20'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89°50'40"E 1194.46 feet, to the CE 1/16 corner of said Section 7; (2) N89°50'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two courses along the westerly line of said Section 8: (1) N00010'53"W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00° 10'53 "W 1369.10 feet, to the point of beginning, containing 1421.24 acres, more or less. Exhibit A - Page 7 -1650530.6-2985509.10 ATTACHMENT B A PORTION OF WHICH "REVISED EAST PARCEL (Minus Tract M)" HAS BEEN PLATTED AND/OR REPLATTED AS: Tract A, Tract D, Tract E and Tract G The Village (at Avon) Filing 3 According to the Final Plat The Village (at Avon) Filing 3 recorded on June 29, 2004 at Reception No. 882176. Tract F The Village (at Avon) Filing 3 — A Reconfiguration of Tracts B and F According to the Amended Final Plat The Village (at Avon) Filing 3— A Reconfiguration of Tracts B and F recorded on May 9, 2007 at Reception No. 200712166. Block 2, Block 3, Block 4, Tract H-1, Tract H-2, Tract H-3, Tract I-1, Tract I-2, Tract I-3, Tract I-4 and Road A Avon Landing, a Replat of Tract H - The Village (at Avon) Filing No. 3 According to the Final Plat Avon Landing, a Replat of Tract H - The Village (at Avon) Filing No. 3 recorded on September 3, 2015 at Reception No. 201516730. Tract I and Tract J The Village (at Avon) Filing 4 According to the Final Plat The Village (at Avon) Filing 4 recorded on March 27, 2015 at Reception No. 201505284. Tract B and Tract I Amended Final Plat Tracts B and I, The Village (at Avon) Filing 3, Second Amended Final Plat a Resubdivision of Tract B recorded on May 20, 2022, at Reception No. 202209167. Lot 1 and Lot 2, Outlot A and Outlot B Amended Final Plat, Stolport Station, A Replat of Block 1, Avon Landing, A Replat of Tract H, The Village (at Avon) Filing 3 recorded on November 5, 2021, at Reception No. 202125052. LESS AND EXCEPTING FROM THE ABOVE DESCRIBED REVISED EAST PARCEL (minus Tract W. Parcel Number: 1 as conveyed to the Department of Transportation, State of Colorado by Special Warranty Deed dated September 26, 2003, recorded October 6, 2003, at Reception No. 852794, which Parcel Number: 1 is depicted on the Final Plat, The Village (at Avon) Filing 3, recorded on June 29, 2004, at Reception No. 882176, which Parcel Number: 1 is noted on such plat as Tract C, NOT A PART OF THIS PLAT, 6.732 ACRES. Exhibit A- pue 8 �0.6-2985509.10 ATTACHMENT B EXHIBIT B PUD Master Plan[Follows This Page] Exhibit B- pa&c 1 �0.6-2985509.10 ATTACHMENT B Modified graphics) — The �!ii��lbr`�vg'`,'(t1as?liuPlan .�me nde&anti �e ti t:iR�Plis�t � i1�e Town ofIR1'VWEjE ,6?,,dS'o1or'ado LjkNU L r F &A L24 dCi4$1AI Kirk';can'=t Ams Fl ims i t - A. -vat drat o: - �Aar'� q(.k:�1.i,o:clsAtd Public Fa;/iy Ma - , _'4:r«:,E1 .I.... At] cx ' OS - Natural Opcn Space ON 4. OS, illa�ti(cater mixd t 4 PT0*1 a - =12MN 4` P I • PJ1AIJrr1 ngy raClllty/1. ,., P' - 'A L vkI 2 mc- ccw/�1,1 %lexcd 1 +c I'ro)"tP3 - I`jAlarl 14g% Rc.idctxlal \Ilacd 1'ac Prtljy 13-19 PI'2 - PuNw I xlllt� 13PF3 1[6 - PuMk Iat111ty - illl -6-mmunny I l.x an_ t �,.r rrinal C mitywraul %limod t1w Pn)*lFit 61 • citimil C'atttmrtul \11xa1 List Ptollml �012 - Carlmunit} If.xl,mr - �ha}t`C'. nl�nxnw1 \c1ac�I ltit Pto�oct liaa P.lyhy C+ 0 /11 . fix: 414V 1 l.lt ,. e _ tftqffc..."Kv**m >Lil► 'rrICtrn+r+enalart! Ra',+tkn11a1 11aeJ l 1'tlycat 3% -----------'--- ---------- Rv.IS, antrrr;l�rt,Tirg, ----- se - L . t.� 0041 ,*Aft *q, 1 I TtfTtlTkL is!R\IF Cml tlttttt-d Rlaad, I Rc,IJclNlal \ludi Fanxly i - Us`�...«.:Y:it::l,�.;�lluhi family 27 �7 Reid% Aid .11% fc7t>,I+Iltaty R.W. 0—1-1 R.w % 41.Ir1 c..._.. _a :M.&-.d K"" C. I.ai_r C.....:rT..% Rnrt atrl Dam O L — r 7tc 1'�j �1i� ttiT�\L T-m _.— T-+. ••�. t..1. uu1 - t..a....t X b l..ir 27 uu I� 1..l.w.t Y.K 1 .a..-. 39 - -- t..•-������wYM-•-------rvrvsAs. ____ _•_._ _•___ 1i� :C7TVTAL • rRrlfr('T TOTAL 1779 r� ,vm` J r EAST r Uzi�� _ This PUD Master Plan Amen ment 1. h^rct+a admmhueh.rl•. _ a t� �Tr Aaart. TOWN CER 1TF-ICA-1Q�IF This ►L•D Slip g5s �s> psi; •1��> [� ..Of 1111 TOWNOrAVON "NOTES Coaactl of the Towa otlAvoo, Coeath• of Eatk. State i R'11i3iMaM�R0fthr.frV4A*'ffA''"mlm ot`f$loriQlii'tlLi'itl dlor�xMuv��t chelel: t0r!(MMw4TdkPAw►K lad.a. /I/RAKilii'arlerded \Uett Flo 2ai`�:1c1:r.r.',Ertlet:adtag{,,tad•.coed,olwilgtcvrd12&d Ne.-1�-10. .1►'siti::ll`��"i:��'"•'"" �:iss�.`s't J�`�t: L't:3 .•"�iisltr c2 L'Ba 1�,?ii'i.131 � ur It. v a,, : 1.: � „n 1 rC t 1 �mrtrVld r. R 1ry'Cllwnir 1rs gel �a t "ii� a� I R \F R C'RI ! K I I ('. a ('ukrul.• Ilmxl\l IlaAlll oorrtpan7 jraat.LA%bAsD =AloIT1[TOWN NAtYN f►rU:.:tanJl/Wta::MA'ltivjnw\fwCafrtrcrnlr.n-ntr.u)'twwp-Iwrr..r. % • A erp%vA a( . wmmcctwo .td a apprv.ed h). .fir•yi..�a..+.' .:.:i. ....+...'.1. .:........ti...J...i. :...a.: ..a-.�.�c.a,.6c.�. araf trowtaerwl "'WIVAJilo 1ih,1m, %lan4wr �.11:6'Ct.TLL7�+•,�:: pia.'37S1D�.:i.'1i:J.9.i+"11C11i IG1L•L' iibi3+'�Y%63'ci.ia:J aa! Yatlw cnooRtrv�p- r a�tcal .l:'""""'.'��'.``'tiar ' ♦•'^l.��a„�.�aa,,,r^�„as,��. TRAI'.RCRI'LK11011 tX6SNO. I LLC. 'aTS Tt!7htl!"R..'il��Ir '! t#.r'IZ'aM or loft .lr — Ruwmv +1-ea K a. dc}wxd 1`vct wm omKvplrld. n p4woi4 a d P a C'olotedo 1lnutad llaallrt)' eotnpam' .r11, I.a swrat..e s+.t.•.e, TA. ryea.,e 41w. tnca.m...n ant nrntrl a1 YY. awf 11,r t.rec+.t.I.catr. olract+.ltd.r ewe4.pr Nr `'�-r��ra�ct rca (. a l'ok�rxl�, limited InAilit . s'►.aw ti.:�:�.r.a , .. t.�.-+ya►...ari. R:. �(- ur ' ".i�.a...I.�.rl I+l. ar) nYaO be ba.ed w.aiw ,Tt:Ta7V*� 0.ii.i -,�mlatlt� . It. .+. r - i ya�►�aN J� • w�.•.IOtiF 1� �.ifrY.lr_..a r p�nrrr�Nr>rarra Jra drN eeuerally awlpl} .16 lls 111:...._t..'.19:4[J:s':yam�:.:t'J S7]a�J?:dllL:rT�iL"txl;:`.:/liec311tt:li�,ottd►Cl)<;.tirlrtc�nwctl Its '!•• �y� ��x�i �ic1—'F r 1 O�� �ii aii�u000e%Y�L uw�bndlgl C wLe aW1rm*eM wmr#mftww§:awI11.yrmdsF.r1.wP ►ate,,ro..M dnl d d r tort. Ltc,dLc aid w tb Farla a I+ drriar Pad Ad] tv eomAmcrl. de P 6w blur OW beaeae afdie ter Will Ie c 1► +Ar►`a +L.ta iat fw: astisr f.i►tiaarvar L toa.., �iiaak:alir �rabaar.✓D►altaxas+d At.0 &r uxb amwlucrow. ,. 1 _ t • t r, -, l x,,.• 1 a le. I Mr�.1�}.t:..d,. 7. .�-e11, ,,�,,1 .1 . x , :.In vaadude a{�aik r lAe , . . Avc r r�^ . 1 ..... ta. • _ .._ ►is a .a �a rsa a.a, a. ..- .... a.a ..ur . a...� C O l 9,Z k D C ..a 1104 T650540-6-2985509. 10 Page 1 ATTACHMENT B The Village (at Avon) PUD Master Plan Formal Amendment No.I Town of Avon, Colorado : TM B _TA 7 C LAND USE Parks, Open Space and Public Facili OS - Natural Open Space OS 1 - OS7 P I - Parkland P2 - Parkland P3 - Parkland PF2 - Public Facility 0 PF3 - Public Facility CHI -Community Housing CH2 - Community Housing Roads and Hydrology Constructed Roads Temporary Roads Conceptual Roads River and Dam USFS OS2 P3 IN?E,�s�9® �� y0 0 EAST AVON PRESERVE 101 O� o 0 UI's a � S�1�8 j PUD Master Plan Amendment ,UPThis OS6 is hereby administratively approved by The Town of Avon, County of Eagle, State of Colorado This day, of WITNESSED MY HAND AND SEAL, OF THIS TOWN OF AVON Acres Planning Areas Acres NOTES by 157 A - Village Center Mixed Use Project 43 L Pursuant to Section 7.16.140(d) of the Avon Municipal Code! "Approval of this plan constitutes a vested property right pursuant to Director of Community Development 4 0 B - Community Facility 4 Article 68 of Title 24, C.R.S.,as amended and Title 7, Chapter 16 of this Municipal Code, as amended." 2 13 © C - Village Residential Mixed Use Project D - Village Residential Mixed Use Project 21.6 13.19 2, A minimum of 29.5% of the acreage of Planning Area K shall be reserved and maintained as open space, and such open space shall Attest: Town Clerk I E - School 3.96 be subject to the development standards for open space planning areas as set forth in Section DA I of The Village (at Avon) PUD I F - Regional Commercial Mixed Use Project 17 Amended and Restated PUD Guide. TRAER CREEK LLC, a Colorado limited liability company 1.26 G - Regional Commercial Mixed Use Project 5 3. The street and road alignment depicted hereon are either designated as either permanent, temporary (not permanent and intended to by 4 H - Regional Commercial Mixed Use Project 24 be replaced in the future) or conceptual alignments. Until such time as made permanent or temporary in connection with an approved final plat, the conceptual alignments are non -binding and provided only for illustrative purposes to show one of various potential Marcus Lindholm, Manager 182 I -Regional Mixed Use Project J - Regional/Neighborhood Commercial and 57 alignments, general circulation patters, vehicular ingress and egress to and from planning areas and traffic connectivity to adjacent Residential Mixed Use Project 38 property outside of The Village (at Avon). TRAER CREEK HOLDINGS NO.1 LLC, K - Hillside Residential 1303 4. The layout, location, size and number of lots within Planning Area K as depicted hereon area conceptual, non -binding and provided a Colorado limited liability company by: Traer Creek LLC, a Colorado limited liability company, its 0 RMF 1 Residential Multi Family 27 only for illustrative purposes. The precise layout, location, size and number of lots and the precise location of the building envelope for lot Planning Area K be by in final lot, be based Manager RM172 - Residential Multi Family 39 each within will as established and reflected the plat creating the and shall on various site specific features of the lot such as topography, grade, natural vegetation and similar matters, but shall generally comply with the SUBTOTAL ] 597 building envelope requirements set forth in Section D.8(d) of The Village (at Avon) Amended and Restated PUD Guide unless such By: compliance is determined to be impractical or unreasonable. Marcus Lindholm Manager NORTH PROJECT TOTAL 1779 5. The layout and location of the Future Bridge and the Future Pedestrian Path as depicted hereon are conceptual, non -binding and provided for illustrative purposes only. There shall be no obligation to construct Future Bridge or the Future Pedestrian Path, provided AV that if the Future Bridge and/or the Future Pedestrian Path shall be constructed, the precise layout and location of the same will be established by the building permit and/or construction plans, as applicable, approved by the Town of Avon for such construction. 6. See Exhibit F of The Village (at Avon) Amended and Restated PUD Guide for street types and standards applicable to the roads ITI depicted hereon. &von o soo' izoo' C O L O R A D O 2985509A0 Page B-2 ATTACHMENT B Exhibit B- Page 2 +650530-6-2985509. 10 ATTACHMENT B EXHIBIT C The Village (at Avon) Parking Regulations (Deleted graphiCS)lmnicipal Code and Development Code. Parking within The Village (at .aeon) PUD shall be u► coidonuance with these Off Street Parking Regllatious, which .hall be the sole mud exehusiye parking regulations applicable within The Village (at Avon) PtTD and which expressly supersede any parking regulations set forth in the Code or the Development Code. mchldung without llnnitatlon. any additional or conflicting such provisions. and no such provisions of the Alunicipal Code or Development Code apply to The Village (at Avon) PUD even if not otherwise addressed iu these Off Street Parking Regulations or any other part of The Village (at Avon) PUD, B. Parking Table. .all required parking shall be provided iu accordance with the parking regmirelnneuts as set forth in the parking table or as otherwise allowed by these regulations. TYPE OF L NQ USE l . Residential Land Use Per dwellilun Uuit: Single-family or duplex NINJIMUNI REQUIREMENTS 2 spaces: tin t 3 spaces twit for units over 2.500 sq. ft. not iachldiug garage NIultifan ld building and townhouses Studio 1 space One bedrooui 1-1 2 spaces All others 2 spaces Per acconmxxlation milt including lockotTs: 011e bedroom Over one bedroom Guest parking spaces: Mttltifatuily and tovmhouses 3 - - { units 5 - - 10 lunits 1 I - - l; lunits 16 - - 20 units 21 - - 25 tunits 1 space 1 space plus I: space for each additional bedroom in excess of one 2 spaces 3 spaces 4 spaces S spaces 6 spaces A. Relationship to Municipal Code and Development Code. Parkins within The Village (at Avon) PUD shall be in conformance with these Off Street Parking Regulations, which shall be the sole and exclusive parking regulations applicable within The Village (at Avon) PUD and which expressly supersede any parking regulations set forth in the Municipal Code or the Development Code, including without limitation, any additional or conflicting such provisions, Exhibit C- Page 1 �0.(2985509.10 ATTACHMENT B and no such provisions of the Municipal Code or Development Code apply to The Village (at Avon) PUD even if not otherwise addressed in these Off Street Parking Regulations or any other part of The Village (at Avon) PUD. Notwithstanding the foregoing, if subsequent to the Effective Date, the Town amends from time to time the parking regulations set forth in the Municipal Code or the Development Code, the Master Landowner, in its sole discretion may. consider amendment of this PUD Guide to incorporate such amended provisions herein, which amendment(s), if any, shall be processed in accordance with the administrative amendment procedure set forth in Section H.3. B. Parking Table. All required parking shall be provided in accordance with the parking_ requirements as set forth in the parking table or as otherwise allowed by these regulations. TYPE OF LAND USE 1. Residential Land Use Per dwelling Unit: Single-family or duplex Multifamily building and townhouses Studio One bedroom Per Short Term Rental All others Per accommodation unit including lockoffs: One bedroom Over one bedroom Guest parking spaces: Multifamily and townhouses (includes Short Term Rentals) 3--5units 5 - - 10 units 11 - - 15 units 16 - - 20 units 21 - - 25 units Exhibit C- Page 2 MINIMUM REQUIREMENTS 2 spaces / unit 3 spaces / unit for units over 2,500 sq. ft. not including garage 1 space 1-1/2 spaces 1 space 2 spaces 1 1 space plus %2 space for each additional bedroom in excess of one 2s 3 spaces 4 spaces 5 spaces 6 spaces �0.(2985509.10 ATTACHMENT B Exhibit C- Page 3 �0.(2985509.10 ATTACHMENT B TYPE OF LAND USE MNIMUM REQUIREMENTS over 25 units 7 spaces plus 1 space for each 5 units in excess of 25 up to a maximuuu of 10 additional spaces Timesharing units: 2. Couuuercial Land Use Shopping and convenience goods retail 1 space per 600 square feet but not less than 1 space per unit unless reduced as part of a nixed -use project reduction 4 1000 sq. ft. of Gross Square Footage Personal smices & repairs est. 3 ' 1000 sq. ft. of Gross Square Business & professional services Footage Office builduigs & banks (except drive-in banks) Drive-in banks 3 1000 sq. ft. of Gross Square Footage plus 5 storage spaces outside teller window or drop station Restaurants - Food consumed within 1 60 sq. ft. of seating area structure only. outside patio with a bar or restaurant do not require any parking Restaurants - Carry out only Restaurants with drive -up window Service stations Conuucrcial recreation facilities. bowling alleys Tennis courts Handball & racquetball courts Exhibit C- Page 4 10 ' 1000 sq. ft. of Gross Square Footage 1 ' 60 sq. ft. of seating area plus storage for 7 car Ldrive-tip window 2 11000 sq. ft. of Gross Square Footage 4 ralley plus 1 employee 4 court plus 1 employee 2 court plus 1 employee �0.° 2985509.10 ATTACHMENT B Exhibit C- Page 5 �0.(2985509.10 ATTACHMENT B TYPE OF LAND USE Swimming pools Skating rinks 3. Industrial Land Uses Manufacturing plants. %varehousing Wholesaling establislurients. Freight tcrnninals 4. Educational Land Uses Nursery schools & day care Elementary R junior high schools Senior high schools Trade schools MINIMUM REQUIREMENTS 20 1000 sq. ft. of water surface area 10 1000 sq. ft. of Gross Square Footage 1 800 sq. ft. if Gross Square Footage 2 1000 sq. ft. of Gross Square Footage 1 employee 1 employee plus 1 each 6 students based on design Capacity 1 each 2 students 5. Medical Land Uses Doctor's offices. including optometrist. S 1000 sq. ft. of Gross Square media. dental. chiropractor. chiropodist Footage and all others Hospitals 6. Office Buildings Auditoriums. theaters. stadiums and arenas Museums and libraries Public utilities companies Exhibit C- Page 6 l bed 1 4 seats 4 ' 1000 sq. ft. of Gross Square Footage 3 1000 sq. ft. of Gross Square Footage �.6 2985509.10 ATTACHMENT B TYPE OF LAND USE -. Other Land Uses Churches MININIUM REQUIREMENTS 1 each 3 seats provided in niaui seating area Clubs and lodges S 1000 sq. ft. of Gross Square Footage Other uses As determined by the Director C. Parking Facilities Generally. The parking requirements set forth in these Off Street Parking Regulations may be satisfied by the provision of off street surface parking lots and or Parking Structure(s). Such surface parking lots and Parking Structures may be situated on the same or different Site as the Uses) to be served by such parking facilities so long as the parking facilities satisfy the requirements of these Off Street Parking Rc2lilations. including without limitation. the required number of parking spaces for the Use(s) to be served thereby. Surface parking lots and Parking Structures. whether situated on the saine or different Site as the Uses(s) to be served by such parking facilities. may be owned by a different Owner than the Owners. lcaschold interest holders. licensees. or perniaccs. as applicable. of the Site or applicable portion thereof that contains the Use(s) served by such parking facility. Notwithstanding the foregoing. the requirements of Section D.3 below shall apply if (i) the parking facility is situated on -a dit2crent Site as the Use(s) to be served by such facility: (ii) the parking facility is Private Parking: and (iii) the Owner of the Site upon «•hicli the Private Parking is situated is different than an Owner. or lcaschold interest owner. as applicable. of the Site for the Use served by such Private Parking. The provisions of Section D below with respect to reduction in parking requirements for Nlixcd-Use Projects or shared parking facilities shall apply to pari:ing facilities situated on the sauce or different Site as the Use(s) to be served by such parking facilities. NVlure an Applicant within The Village (at Avon) has constructed. or proposes to construct. shared off street parking facilities (including without limitation. Parking Strueture(s)). all or a part of the parking spaces required for any Use within the applicable development project may be provided within such facilities. D. Reduction in I'm kimq Re(inirrnnent% for Nlixed-V a Projects or Shared Facilities. 1. Shared Parking: Projects and Mmulmum Number of Parking Spaces. Cutmulative parking requirements for mixed -use occupancies or shared facilities may be reduced where it can be determined that the peak requirements of the several occupancies occur at different tines (either daily or seasonally). (a) The nninimuru number of parking spaces for a shared use project shall be detennnned by utilizing the procedures of the Urban Land Institute Shared Parking Manual. The study shall be reviewed by the approval of the Director. The actual number of parking spaces required shall be based on local demand rates. if available. except that default rates from the LTI manual may be used where it is impractical to determine "local" demand rates. (For example. a Exhibit C- Page 7 �0.(2985509.10 ATTACHMENT B proposed land use that is not foti nd locally or whose annual peak season is too far in the futtire to %vait to do a stuvey are cases where national default rates are appropriate). (b) For the purpose of determining the greatest of the aggregate gross nuttiintini inunben of parking spaces for nighttime. daytinic. and evening periods, the followung nilcs shall be applied: (1) The iiiininutm number of parking spaces that are to be provided and maintained for each use shall be detenmuned by identifying the use in the coltunn entitled --Type of Land Use" and the colTesponduig inimiintuu number of palling spaces iii the sank ro%v. (11) The gross nnininwi n ntuubcr of parkulg spaces shall be multiplied by the -occupancy rate" slno«71 in Tables I and 2 for each use for the «weekday night. daytime and evening periods. and weekend night. daytime and evening periods respectively. (iii) The gross nriniin ini inulibers of parking spaces for each of the purposes referred to for each tiinie period shall be added to produce the aggregate gross nunimtiiin munbcm of parking spaces for each tine period. (c) The larger of the aggregate gross minimtini numbers of parking spaces for each time period shall be detenuuned and shall be the minninnum nuniber of spaces provided for the Nlixcd-tisc Project. (d) Parlinig spaces to be shared cannot be reserved for specific Uses or individuals except during off-peak hours. Spaces for residents play not be shared. although guest spaces and extra residents' spaces beyond mininitun requirements nnay- be shared with nonresidential uses. Table 1 Weekday Parking Occupancy Rates - Percent of Basic MM' U' iitim Deeded Daring Tinit period Uses W"kday Night Weekda% Dav Weekday Evening Midnigbi - 6 am s am - 5 pm 6 pm - \[idnight Residential 100*0 8000 10000 Office 5 100 20 C ommercial -Retail 5 90 80 Hotel - 100 so 100 Restaurant 10 70� 100 Movie Theater 10 40 80 Entetta uuiunt 10 40 100 Confeience Convention 5 100 100 Fast food. breakfast or lunch -oriented establishment = 100 percent -Excludes conference convention facilities ..The minimum requirements for residents o\Lin spaces must be met in exclusive (nonshared) parking. but guest parking and extra resident s parking may be shared. Exhibit C- Page 8 �0.(2985509.10 ATTACHMENT B Table 2 Weekend Parking Occupancy Rates - Percent of Basic Minimum Needed During Time period Uses NN eekend Night NN eekend Da% Weekend Evening Midnight - 6 am Sam t pin 6 pm - Midnight Resideitul 100•o SO'* 100°0 Office 5 5 5 Commercial -Retail 5 100 70 Hotel - 100 80 100 Restaurant 20 70 100 Movie Theatre 10 80 100 Ente-tammient 50 80 100 Conference Convention 5 100 100 'Fast food. breakfast or Munch -oriented establishment = 100 percent Excludes confetence convention facilities "The minimum requirements for resident's oun spaces must be suet in exclusive (nonshared) parking. but guest parkin¢ and extra resident s parking muv be shared 2. Captive Market Parking Requirements. In addition to the reduction in parking requireruennts for Mixed-U-,e Projects, parkin_ requirements for retail. restattrant. hotel. convention and conference uses may be reduced %%-here it can be determined that soinne portion of the patronage of these businesses cones from other Uses (e.g.. ennployccs of area offices patronizing restaurants) located within a inaxtrmtun walking distance of 500 feet. Parking requirements may be reduced tip to 90 percent as appropriate xvith approval of the Director. (a) Procedure: The Director may approve a reduction in required parking spaces based upon the provisions of these Off Street Parking Regulations. Applications for such a reduction nnust be submitted in writing accompanied by the following: (i) A parking detnand analysis prepared by a qualified parking or traffic consultant. which substantiates the basis for granting a reduced number of spaces. (ii) Shared parking operations plan showing that: (A) Parking spaces intended for shared parking conveniently seine the land uses intended. (B) Consideration is given to the appropriate location and layout of high vs. loxv turnover parking spaces. (C) Any controlled parking such as paid. gated or valet parking areas should be locked in such a manner as to control tunnorer rates but not prohibit sonic parkers from using all spaces. (D) Directional signage is provided dircctim driven to the most convenient parking areas for each particular land use (if such distinctions can be made). Exhibit C- Page 9 �0.(2985509.10 ATTACHMENT B (E) Pedestrian links between parking areas and land uses are as direct and short as possible. (F) Safety and security are ensured and maintained at the parking facility through a comprehensive program including. but not limited to. signing. lighting and television monitoring. if warranted. (b) The owners agree that. before a change in use or operating hours that could increase peak parking demand by at least 10 percent. a follow-up study shall be provided analyzing the change in demand patterns. Any forecast deficiency must be met by the construction of additional parking spaces. payment of in -lieu fees. or support of shuttle service or other employee trip reduction program satisfactory to the Town. 3. AMeinent Regarding Shared Parking Facilities. If Private Parking is to serve two or more Sites owned by different Owners or leasehold interest owners. then a legal agreement between the On-ncr of the Private Parking and the Owner or leasehold uttcrcst owner. as applicable. of the Sites served by such Private Parking is required that grants a legal right to utilize such Private Parking for such Use (i.e.. a lease. license or other use agreement) and indicates responsibilities for operating. maintaining and accepting liability for personal injury and property damage. Unless explicitly stated to the contrary. the On-ner of the Site upon which the Private Parking is situated accepts responsibility for operating. maintaining and accepting liability for personal injury and property damage. 4. Walking Distance and Pedestrian Connections. Shared spaces must be located within 500 feet of the principal building entrances of all sharing Uses. However. tip to 20 percent of the spaces may be located greater than 500 feet but less than 1.000 feet from the principal entrances if they do not serve Residential Uses. Clear. safc pcdcstrian conncctions must be provided. requiring no at grade crossing of an arterial street except at a signalized intersection along the pedestrian pathway. Up to 75 percent of nonresidential spaces may be provided at greater distances if dedicated shuttle bus or van service is provided from a remote parking facility. The service plan and performance guarantees for such a shuttle service or van service must be approved by the Director. 5. Valet and Tandem Parking. Valet or tandem (double -length) parking may be used to meet shared parking requirements or supported by a shared parking operations plan. Tandem spaces may only be used for residents and business fleet operations. E. Parking Space Size Reduction for Compact Cars. Up to 30 percent of the total number of parking spaces provided by off street surface parking lots or Parking Structures on Site,, containing 25 or more parking spaces may be reduced in size down to a nninintum of eight feet in width by sixteen feet in length for use by compact cars. Such spaces shall be clearly signed for compact cars only and marked with double yellow striping. Exhibit C- pue 10 (,2985509.10 ATTACHMENT B F. Supplemental Parking Regulations for Planning Area CH-2 Community Housing Units. The following provisions apply only to Community Housing Units in Planning Area CH-2: 1. Parking Enforcement. As Dart of the ADDlicant'S submittal to the Design Review Board for any Building containing Community Housing Units, the Applicant must include a parking enforcement plan detailing the Applicant's proposed Parking program for future residents and guests and enforcement measures to ensure such residents and guests do not park off -site. and the Design Review Board and Master Landowner must review and aDDrove such arking Dlan Drior to the Town's issuance of anv building hermits. 2. Lease Provisions. All leases for Community Housing Units must contain an express provision stating that residents and their guests may only utilize the parking provided for such use within Planning Area CH-2. Any off -site parking by residents or their guests will constitute a default under their lease. 3. Fencing. As part of the Applicant's submittal to the Design Review Board for any Building containing Community Housing Units, the Applicant must include plans for fencing along the boundary between Planning Area CH-2 and Lot 4, The Village (at Avon), Filing 1, recorded in the real property records of Eagle County, Colorado on May 8, 2022 at Reception No. 795007. The Applicant will install such fencing approved by the Design Review Board before applying for a certificate of occupancy for such Buildings from the Town. Exhibit C- Pa�e 11 �0.(2985509.10 ATTACHMENT B EXHIBIT D Wildlife Mitigation Plan Exhibit D- pue l �0.6-2985509.10 ATTACHMENT B 1. Introduction. This Wildlife Mitigation Plan was developed to avoid. minimize. and mitigate wildlife impacts resultung from The Village (at Avon) development proposal. The specifics contained herein have evolved from existing wildlife information. results of field surveys. discussions. meetings. and site visits with Colorado Division of Wildlife ("CDOR"') representatives. and meetings and discussions with staff and professionals representing owners. 2. Wildlife Mitigation Plan. The Master Developer and Developer Affiliates. their respective successors or assigns. including the possibility of one or more homeowners or property on-ner association(s). and or one or more public improvement companies (any of which shall be referred to as an "Association"). which have been or may be formed and which may undertake the Master Developer's and Developer Affiliates' responsibilities under this Agreement. hereby agree to the following stipulations un conjunction with The Village (at Avon) PUD. Winter Range Compensation. (a) To compensate for the Elk Winter Range habitat loss associated with the development. a private The Village (at Avon) Wildlife Trust Fund ("Fund") shall be established at or before the issuance of the first building permit associated with residential development north of I-70. Interest generated by this Fund shall be spent only in Game Management Unit 36 or 35 to benefit aninmals in the herd actually affected by winter range loss north of 1-70. Furthermore. interest generated by this Fund shall only be used to actually implement enhancement efforts. The Fund shall not be used to pay for Fund administration. consultants. and other incidental expenses. Disbursement and use of funds shall be overseen by all Association. CDOW participation shall be requested at rmeetings where habitat enhancement is being considered. Fund disbursement may unchude payments to the CDOW or a similar trust find (e.g.. the Colorado Wildlife Heritage Foundation) to allow the CDOW to coordinate enhancement efforts in the Eagle Valley. This approach should help maintain the fiunctional value of the affected winter range. (b) Fund principal shall be based on winter range losses associated with the development. At full build -out. The Village (at Avon) development would encroach upon 155 acres of native habitat on the property designated elk winter range. Compensation is based on (a) the loss of 155 acres of winter range: (b) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected: (c) current fertilization costs of $65.00 acre (in 1998 dollars): and (d) an interest rate of 5%. which would require $5.275.98 to implement the enhancement in 1998. Fund principal required to generate this amount of interest every three years would require a one-time payment of principal totaling $105.519.70 (in 1998 dollars). This amount shall be deposited into the Fund upon the Fu nd's establishment. 4. Setbacks. (a) A 100-foot setback from the closest edge of Building Envelopes of conceptual Lots 76. 78. 80. 81. 82. 86. 87. 96. 97. 109. 110. 119 and 120 adjacent to U.S. Forest Exhibit D- Page 2 -1650530,6-2985509.10 ATTACHMENT B Exhibit D- Page 3 �0.6-2985509.10 ATTACHMENT B Service lands along the northern property boundar-y of Planning Area K to both buffer residential activities from public lands and public activities (e.g.. principally hunting and other recreational uses) from the adjacent residences shall be provided. (b) The stream setback provisions set forth in Section J.13 of The Village (at Avon) PUD shall apply to The Village (at Aron). Impacts to jurisdictional wetlands shall be protected by the Clean Water Act. 5. Building Envelopes. (a) Building envelopes and rules governing the location and distribution of all structures. surrounding yards. and all disturbance to native vegetation. with the exceptions of utilities. driveways. etc.. for single-family Residential Uses north of I-70 are set forth in Section D (Development Standards) of The Village (at Avon) PUD and are governed by The Village (at Avon) PUD. It is the intent that Building Envelopes in Planning Area K be clustered to concentrate disturbance areas and leave large blocks of undeveloped habitat. This measure helps insure that development follows a design mmmuzmg habitat losses and facilitatung continued wildlife movements tlu•ough. and use of, the Property. \o vegetative manipulation shall be pennnitted outside of designated Buuildung Envelopes except as allowed by the PUD Guide and or where manipulation is required as part of any valid wildlife enhancement prograinn. as authorized to reduce wildfire potential. or for access roads. driveways. parking areas and utility installation. The objective of this measure is to mnununnize the amount of natural habitat loss and nnauntaun existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Homeowners shall be educated to appreciate and maintain the existing vegetative comnnnuunity. particularly forests and shrubby areas which provide critical wildlife cover and forage values. (b) Upon conceptual Lots 90-113 any required tree slu-uub clearing for wildfire mitigation shall be contained witlninn the designated envelope. (c) The area of fertilized. irrigated landscaping each Dwelling Unit is permitted to have shall be restricted to < 5.000 square feet. Residents shall also be educated to recognize that they have moved into wildlife habitat. that some wildlife shall have strong compulsions to eat what homeowners plant. and that the CDOW shall not be liable for wildlife damage to landscaping. 6. Oven Space. (a) Approximately 483 acres (OS-1 and a portion of Planning Area K as set forth on the PUD Master Plan) north of I-70 have been designated as open space. These areas include some of the most valuable winter range. migration corridors. and other important wildlife habitat on the Property. It is the intention that OS-1 and at least 384 acres of Planning Area K fiuiction prirmarily as wildlife habitat. Other subdivision uses may occur in these areas. however. these areas shall be preserved primarily in their undeveloped condition and managed to further enhance wildlife values. (b) In addition. the portion of Planning Area K that shall be located within firtuure Lots for single family Residential Use but outside of the future designated Building Exhibit D- Page 4 -1650530.6-2985509.10 ATTACHMENT B Exhibit D- Page 5 �0.6-2985509.10 ATTACHMENT B Envelopes of those Lots shall fiuiction as private open space. To facilitate habitat management and enhancement on these Lots and as an additional measure precluding development outside of envelopes. areas on all such Lots outside of designated Building Envelopes aid easements north of I-70 shall be protected as open space under provisions of The Village (at Aron) protective covenants to be recorded in connection with fiutuure subdivision of Planning Area K. 7. Main Deer Movement Corridor. The Village (at Aron) agrees to maintain a deer movement corridor of a mininnun width of 800 feet bet-Nveen the western edge of the Building Envelope for conceptual Lots 112 and 113 and the eastern edge of the Building Envelopes for conceptual Lots 108. 110 and I II as depicted on the PUD Master Plan. No amendment to the location of these Building Envelopes shall be permitted that results in any encroachment into this 800' wide designated movement corridor. S. Roads North of Interstate Highway 70. (a) Road design and use through portions of The Village (at Avon) has the potential to disrupt migratory elk movements. local elk movements. and affect habitat use. The posted speed limit (25 nnph) is generally slow enough to avoid most wildlife mortality: however. residents. guests. and contractors frequently exceed posted speed limits in similar. adjacent residential developments. The Village (at Avon) roads shall be designed to incorporate features requiring low vehicle speeds to reduce road -kill mortality and facilitate migratory movements across roads. (b) Road widths shall be as set forth in Exhibit F (Street Standards) to the PUD Guide to force slower operating speeds and adjusted to the number of residences being served by the road. There shall be rno bike lanes or paved road shoulders beyond conceptual Lot 84. Cut and fill slopes in the vicinity of the maul migration corridor and along gulches may require additional grading or design to facilitate wildlife movements. Any necessary guard rails installed along road sections within wildlife corridors shall be designed to allow wildlife movements. Standard guard rails restrict wildlife movements and can increase xildlife-vehicle collisions. Signage providing for restricted access to all single family Residential Uses within Planning Area K shall be installed. (c) If requested by the Town. The Village (at Avon) shall coordinate with the Town and the CDOW with respect to the installation of a double -wide cattle guard in the general vicinity of the Interstate 70 and Post Boulevard interchange. 9. Trails. (a) With the exception of public access through the Property along an existing trail tlrough OS-1. there shall be no public access through the Property to U.S. Forest Service lands to the north. Public access and access for The Village (at Avon) along the trail through OS-1 shall be limited to foot traffic only. Seasonal restrictions shall be associated with this trail to ensure use is compatible with important wildlife use on and adjacent to the Property (see below). (b) No other trails shall be developed within the Protected Wildlife Habitat (defined below in Section 10) of the Property without the agreement of the CDOW. except for Exhibit D- Page 6 1650530. 2985509.I0 ATTACHMENT B all access trail path emergency vehicle access connecting Planning Area RMF-2 to OS-2 and P- 3. 10. Seasonal Use Restrictions. Seasonal use restrictions shall be imposed and enforced on homeowners. guests. employees. and the public to optusnize wildlife use on and adjacent to the Property. (a) General Protected Wildlife Habitat Restrictions. Recreational uses of OS- 1 and the open space areas of Plamsung Area K (hereulafter "Protected Wildlife Habitat" or "P«"H") shall be restricted duriil2 the winter range occupancy period exteisding fi•om December 15 to April 15. Recreational use, including nordic skiing, hiking. bicycling. equestrian use. etc.. within these areas should be restricted from the above defused PWH fi•om December 15 to April 15. (b) Additional Restrictions Within the Maui Deer Movement Corridor. (i) In addition to the seasonal. winter range -related restrictions presented above in Section 10(a). road and home constructions activities east of Traer Creek. within the desi_lsated 300' wide maul deer movement corridor. slsall be restricted to reduce conflicts Nvith deer migration. Road construction Nvithils the designated 800' wide corridor is prohibited during the sprung (May 1 to June 15 [dates usclusive]) and fall (October 1 to December 1 [dates inclusive]) migration periods. The purpose of this measure is to eliminate disturbances (i.e.. huunau activity) and barriers (e.g.. incomplete cut and fill slopes) within the migration corridor that could alter movements. (ii) Home construction on conceptual Lots 105-112 could occur throughout the year, however, daily outdoor construction periods on individual lots (excluding construction worker travel (i.e.. arrival and departure) shall be restricted to the period between 6:30 a.m. and 5:30 p.m. hours during sprung migration (defined above) and 7:30 a.m. and 4:15 p.m. hours durusg fall Migration (defined above). This shall facilitate the largely nocturnal and crepuscular migration to occur through the existing corridor with reduced human disturbance. (c) Access Restrictions to U.S. Forest Service Lands. To protect sprung deer migration and elk xvinter range, migration, and calving values on U.S. Forest Service lands north of The Village (at Avon). the public trail running through OS-1 shall be closed to all use fiom December 15 to Rule 30, dates inclusive. (d) Enforcement. These seasonal areal restrictions shall be enforceable by the Master Developer, the Developer Affiliates and or Association(s), as applicable. Homeowners slsall also be educated about these closures on and adjacent to the Property via a '-Living with Wildlife" homeowners book. Furthermore. because these conditions are part of Tile Village (at Avon) PUD. the Town. CDOW. and U.S. Forest Service may also enforce these restrictions. xvithin their respective Jurisdictions. 11. Reclamation Landscaping. Exhibit D- Page 7 -1650530.6-2985509.10 ATTACHMENT B Exhibit D- Page 8 �0.6-2985509.10 ATTACHMENT B (a) Native wildlife habitats disturbed by construction activity outside of Buuilding Envelopes in PWH should be reseeded or replanted with those native plant species originally present. Where service access is required. the re -planting of trees could be excluded from utility corridors. Re -planting along road shoulders can exclude trees and shrubs to maximize vertical and horizontal sight -distances and reduce the probability of road -killed wildlife. Vehicle speeds within the development on roads north of I-70 should be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road -kills. (b) Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife damage. The CDOW shall not be liable for wildlife damage to landscaping. The Design Review Board shall provide a list of suitable landscaping materials. their maintenance and protection. to homeowners. 12. Dogs mid Pet Control. (a) Owners of each residential lot shall be permitted to harbor up to two dogs and offspring up to three months old. Residents shall be prohibited fi•om harboring dogs outside on their property unless they have adequate facilities (i.e.. a fenced yard. dog nun. or kennel) to contain the animals. Enclosed nuns must be located inunediately adjacent to the home. within the applicable Buuildung Envelope. and shall not exceed 1.000 square feet. Homeowners are encouraged to completely cover nuns (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident's dog(s). the annuals shall be inuuediately removed from the subdivision until adequate structures can be built. (b) At no time are dogs to be allowed to nun freely anywhere on the Property. When dogs move beyond their owner's property line. the dog must be controlled by a leash of no more than 12 feet in length. under the direct control of its owner or authorized representative. Visitors shall be discouraged fionn bringing dogs on -site. (c) The Master Developer. Developer Affiliates and or Association(s). as applicable. shall be responsible for enforcing the do_ and pet covenants set forth herein. Stray dogs may also be controlled by the Town and CDOW. Homeowners not in compliance Nvith these dog restrictions shall be responsible for any and all costs incurred by the Master Developer. Developer Affiliates. Association(s). the County of Eagle and or CDOW for enforcing these provisions. (d) Homeowners should be educated that they should not feed dogs and other pets outside their homes. including decks. to avoid attracting nuisance wildlife or predators. (e) Contractors shall be prohibited from bringing dogs onto the Property. even if they would be kept inside vehicles. 13. Fencing. (a) Fencing within The Village (at Avon) north of I-70 shall be restricted to facilitate local and migratory wildlife movements. optinnize habitat availability. mid reduce wildlife mortality. Fencing approval shall be under the purview of the Design Review Board. Exhibit D- Page 9 2985509. io ATTACHMENT B Exhibit D- Page 10 �0.6-2985509.10 ATTACHMENT B Homeowners shall be permitted a 6' high privacy fence to enclose up to 2.500 square feet. provided it is innunnediately adjacent to the house and it is entirely within the designated Buiildiung Envelope. unless specifically approved by the Design Review Board. All other fencing shall be prohibited. Where fencing is required to be installed to restrict domestic livestock on adjacent properties. it shall be compatible with wildlife movements and conform to the following specifications: (i) Wildlife compatible fencing is pennnitted to a umaxumurm of 3 strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches tall. (ii) The top rail or wire strand shall not be higher than 42 inches above mean ground level. With the exception of a split rail design. a rail fence shall not have a top rail oriented horizontally whose width perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation on the top rail from restricting big game movements. (iii) The mniddle wire strand shall be no higher than 30 inches above mean ground level. providing a 12 inch kickspace below the top strand. (iv) The bottom rail or wire strand shall be at least IS inches above mean around level. to provide sufficient clearance for passage of elk calves. deer fawns. and other wildlife. (b) Fencing may be subject to more restrictive provisions as stated in the Design Guidelines. 14. Bears and Mountain Lions Trash Removal Nuisance Wildlife. (a) Bear and Related Issues. The following measures shall be required to reduce potential bear problems: (i) There shall be no outside storage of any trash or garbage. no matter how briefly (e.g. overnight). at any Dwelling Unit or anywhere within the development. unless it is contained xvithi n individual bear -proof containers which meet North American Bear Society. CDOW or U.S. National Park Service specifications. (ii) Prior to disposal. any refiise that might attract bears should be kept within the garbage in a suitable receptacle with a tight -fitting lid. Refuse should not be kept irithan detached garages or sheds because these structures are more likely to be broken into by bears. Trash containers should be taken to the collection points (e.g.. the end of the driveways) the morning of collection and not put out the night before. (ill) There shall be no dumps or underground disposal of refine within The Village (at Avon). Buried garbage may attract bears. (iv) Residents should be discouraged from uusinig a garden compost pile. unless the compost pile is bear -proof. meeting North American Bear Society. CDOW or Exhibit D- Page 11 5m2985509. l0 ATTACHMENT B U.S. National Park Service specifications. Residents shall also be educated that household and garden waste contributions to compost piles compose the materials that can attract bears and other nuisance wildlife (e.g. skunks). creating conflicts. Composted yard haste consisting of leaves. grass. small branches. etc. do not usually attract bears. (v) Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears and other predators (e.g.. coyotes) and nuisance species (e.g.. skunks) of wildlife. Some of these wildlife species may carry diseases that can be transmitted to pets. (vi) With the exception of bird feeders. the feeding. baiting. salting. or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. (vii) Homeoxvners shall be educated about bears and other local wildlife via the CDOW's brochure entitled " Living ,,vith Wildlife in Bear Country." One copy of the brochure shall be provided to each honneon-ner at closing. (b) Mountain Lions. (i) All residents and perspective residents shall receive a copy of the CDOW's brochure entitled '-Liviing Nvith Wildlife in Mountain Lion Country." One copy of the brochure shall be provided to each honneo«-ner at closing. (ii) With the exception of bird feeders. the feeding. baiting. salting. or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. 15. Horses. Except as may be permitted in the PUD Guide and except for pre- existing uses. there shall be no boarding of horses or other livestock. including but not limited to llamas. on individual Lots or conninnuunity facilities vvitlnin the Property. Any horses owned by residents of the Village (at Avon) shall be boarded off -site. Residents of The Village (at Avon) shall not be pennnitted a temporary "saddle -up" area. corral. or other fenced areas to allow horses to be kept overnight. over a ,veekend. or for any length of time on their Lot. 16. Wildlife Mortality on Local Roads. (a) Posted vehicle speed limits on proposed roads within The Village (at Avon) north of I-70 shall be as set forth in Exhibit F (Street Standards) to the PUD Guide. To reduce road mortality associated with speeding. road design is recommended (see Section 7 above) to force motorists to obey the speed limit. (b) The Village (at Avon) is also accessed by high speed roads. including I-70 and Highway 6. where moderate nuunnbers of deer and elk are killed by vehicles each year. Obeying posted speed limits would not only reduce wildlife mortality. but would also reduce the risks of damage to personal property and injury to motorists. The Village (at Avon) residents should be educated about avoiding wildlife mortality on roads in any educational information that is developed. Exhibit D- Page 12 -1650530.6-2985509.10 ATTACHMENT B Exhibit D- Page 13 �0.6-2985509.10 ATTACHMENT B (Modified graphies),milna 1s the lrlinlal ' nlan< aeill llt tool the C�DOW uses to valance t; 5 Nt;t�fil-7Yark Servtcc pecflh aligns esrc ents shall a so be educate that wildlif io' l !a loos ��"tth �s"allable lla ttat �lladenitate ]Wolter a,cess an. or li lnter lla1. st Mall eilbu e�ioid and Barden, waste.contnbutrops to compost }�i�es Colnpo�e t' e nlatenals that a110�\" populatlorn5 to groiv llncreasnng Banle a� la Be on tll �r'O elty 11c1 a taeentComposted prpel-t1s. c n attra�ct beans and other nl rsanc,e wild!* a t-e.2. skun s?. c�eatin cone Acts. HL1llttny�`aa\as elcoil lS[ na Nt'leaves o_rassl$nl�dll 1 i9 icjlees.�1e`lao g11�usilally attiant bears 11 the Property as Mona as sate0alloNved. However. it is requlre5 that all prospective Hunters must receive written porn .- IoI1 rl;rt�s��lfill i'�t 1 �e`�t 1�[�tii eth`'Bv� e3f�gi'�b�ci=ie t' dustl `L '� e Second��-.�1141 y'sXft'i�f1`ifr�:�e1ai'i�ia�itl�€�'�fecl�'turn'�,��ndci,�y`cnle�'+1�i1�tKl��?+�n��ys�`cciclllt,�at�ble with desk� "'l;`jeo�l� iv�l Iil'�z?Sdir�e5' c�'i iii ���'l�nill4'iit i tci 5eii1 l"I'mYI$is�ua�l rt&a�Per�}i s ��ll beeit1iJPllCJierty builds out. 18. Edueatuig, i'tt lie a►ti Sal ue ifili't the Prot�dtn' iilm- Nia- 1-1 o�aims is;'tui'l�l r9 riul?11� i`I'rb�� o�ii(5�il dal the tuW�;i;fiiilctr`1�1Qr rt`�.pies of the CDOW beau' and mountain lion brochures. Other wildllte- related education sources could include a --Livun2 with Wildlife" book sunilar to that prepared ton' other surround1I1g ¢Zl]p ll�'115 1�112e1414i2cTiy !jkl•]111 :tL�,111'Q7Llell+t }Lltlltvh,'S and other local wildlife via the CDOW's brochure entitled "Living with Wildlife ul Bear Country." One copy of the brochure shall be provided to each homeowner at closing. (b) Mountain Lions. (1) All residents and perspective residents shall receive a copy of the CDOW's brochure entitled '-Liviln2 with Wildlife in Mouuntam Lion Country." One copy of the brochure shall be provided to each homeowner at closing. (11) With the exception of bind feeders, the feeding. baitime. saltirng. or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. 15. Horses. Except as may be penriitted m the PUD Guide and except for pre- existing uses. there shall be no boarding of horses or other livestock. including but not ]'United to llamas on individual Lots or comniu lity facilities ivithin the Property. Any hones owned by residents of the Village (at Avon) shall be boarded off -site. Residents of The Village (at Avon) shall not be pennitted a temporary '-saddle-up" area. con -al. or other fenced areas to allow hones to be kept overnight. over a weekend. or for any length of time on then' Lot. 16. Wildlife tilortality on Local Roads. (a) Posted vehicle speed limits on proposed roads within The Village (at Avon) north of 1-70 shall be as set forth in Exhibit F (Street Standards) to the PUD Guide. To reduce road mortality associated with speediln_. road desi_ln is recommended (see Section 7 above) to force motorists to obey the speed limit. (b) The Village (at Avon) is also accessed by high speed roads. including I-70 and Highway 6, where moderate nlunnbers of deer and elk are killed by vehicles each year. Obeying posted speed limits would not only reduce wildlife mortality. but would also reduce the risks of damage to personal property and injury to motorists. The Village (at Avon) residents should be educated about avoiding wildlife mortality on roads in any educational information that is developed. Exhibit D- Page 14 -1650530.6-2985509.10 ATTACHMENT B EXHIBIT E Minimum Design Guideline Standards I INTRODUCTION The general concept of these guidelines is to provide for certain minimum guidelines for the design of improvements within The Village (at Avon). The Village (at Avon) Design Review Board will prepare, adopt, and utilize a more detailed design review guide. This set of minimum guidelines is intended to provide certain assurances to the Town of Avon with regard to the matters covered below. A. Overall Design Theme The overall design theme for The Village (at Avon) is to establish an attractive appearance for visitors and residents and yet be flexible enough to allow for affordable design solutions. In addition to the guidelines established within this document, The Village (at Avon) will be preparing detailed supplementary architectural site planning, landscape design guidelines for various areas within the project, and adopting Design Review Board Rules and Procedures. B. Purpose of the Guidelines The purpose of this document is to establish certain minimum design guidelines for The Village (at Avon) and to serve as a tool for making design decisions as the project evolves. In addition to the Design Guidelines, there are several other documents that may affect the design and development of property within this study area. It is strongly recommended that developers, architects, and property owners review these documents prior to making any development/design decisions. These documents include The Village (at Avon) PUD Guide, covenants, and Town of Avon building codes. Contacting The Village (at Avon) Design Review Board and the Town of Avon Department of Community Development to review and discuss these and other pertinent documents is a prudent first step in the design/development process. Exhibit E- Page 1 m2985509. 10 ATTACHMENT B 11 DESIGN REVIEW PROCEDURE The design review requirements for The Village (at Avon) will follow timeframes and submittal requirements as described in The Village (at Avon) Design Review Board Guidelines, Rules and Procedures. In order to facilitate development approval, site plan and architectural review should occur as a coordinated process. The applicant should be aware of review timetables and should structure plan submissions so that sufficient time for plan modifications can be scheduled. A. Pre -Application Conference Prior to the formal submittal of any request for approval to proceed with building site improvements, an informal pre -application conference shall be held between the applicant and the Design Review Board. This conference shall serve to acquaint the applicant with the Design Guidelines and to allow staff to become familiar with the applicant's development intent and design philosophy. A schematic site plan and building concept drawings will aid in discussion at this conference, however applicants are encouraged not to prepare detailed designs which might require extensive revision as a result of the pre -application conference. An applicant should bring the following information in a brief summary: • General project concept • Specific uses proposed, and intensity of use proposed (floor area and parking demand) • Proposed construction timing • General concepts concerning building size and exterior materials, and site plan concepts. - An exterior materials package including roof material and color, wall treatment, glass and glazing. - Site plan concepts including site organization, landscaping, irrigation, grading, lighting, and signs. B. Governing Authority and Regulations The Village (at Avon) Design Review Board is charged with the function of reviewing and acting upon the general design and appearance of any building, construction, paving, grading or landscaping proposed on any lot or parcel of land within The Village (at Avon). The Village (at Avon) Design Review Board will review any building, building alteration, landscaping, or signage proposed within The Village (at Avon) will be reviewed for compliance with the minimum guidelines Exhibit E- Page 2 �_. 4-2985509. 10 ATTACHMENT B established in this document as well as additional guidelines created by The Village (at Avon) Design Review Board. III URBAN DESIGN Urban Design, as related to these guidelines, refers to all aspects of the development, excluding architecture, within the urbanized area of The Village (at Avon) south of interstate Highway 70. it includes the relationship of building to site and outdoor spaces, parking areas and access, pedestrianways and sidewalks, landscaping, streetscapes and street furniture, sculpture, signs, fencing, and lighting. Generally all those elements that create the image of a Town and how they are combined are considered the Urban Design. A. General Design Considerations Surrounding the buildings and along the public ways, landscape plantings, walks, public lighting, site furnishings, and signage should create a year- round, coherent and festive atmosphere. It is the combination of the architectural and landscape styles that will create The Village (at Avon). Landscaping should be considered an integral part of the design of all projects. Individual properties should be designed to respect and enhance the design of streetscapes. The most appropriate shrubs and trees are those that are known to be hardy, and which have a natural appearance within Avon's mountain -valley location. B. Area Wide Guidelines Siting Conditions Buildings and other improvements should be individually designed for the site on which they are to be placed. The site and its relationship to other structures, scenic values, views and climatic orientation should be the dominant factors in the design and siting of buildings. Pedestrian accessways should be incorporated into the site designs. Buildings and improvements should be designed and sited to conform to the terrain and to take advantage of views. Terraced buildings and parking will minimize site disturbance, provide less costly construction and provide opportunities for privacy and views by grade separation. Passive solar design as a component of the architectural design of individual buildings is encouraged. Exhibit E- Page 3 m2985509. 10 ATTACHMENT B The use of sun exposure -reducing elements such as overhangs, pergolas, canopies, eaves and awnings can be designed as integral components of the architectural design. Outdoor spaces such as courtyards and plazas can have southern exposure to extend the periods of seasonal use and comfort. However, within these spaces, there should be a variety of sun and shade conditions to allow full use during the extreme heat of summer months and take advantage of warm winter days. North facing entries and outdoor spaces should be carefully considered because of winter conditions. Complete vehicular circulation, including back up and turn around areas, if applicable must be provided. Permanent parking areas must be concrete, asphalt, or other hard surface with spaces clearly marked. Two handicapped stalls per each 100 stalls is recommended. Snow storage areas equaling l 5% of all outdoor surface -parking areas are recommended. Driveway or maneuvering areas within a parking lot must be designed to provide for safe and reasonable maneuverability of vehicles. Striping: All parking spaces within permanent paved parking areas must be striped in a manner clearly showing the layout of the intended stall. Maintenance: All parking areas must be maintained in a safe and sanitary condition and kept in good repair. Provisions should be made for the plowing of snow from all outdoor surface -parking areas. Parking Area Landscape: Parking area interior landscape can be confined to islands. Trees, flowers, grasses and shrubs are recommended for these islands. Drainage: The builder is responsible for preventing erosion of the site both during construction and after the project is complete. Runoff of silt, debris or sedimentation onto adjacent streets, gutters, sidewalks, rights -of -way, storm drain systems or adjacent properties should be avoided. The Town of Avon's stormwater and drainage manual should be reviewed and used as a guideline. Drainage into common open space areas is not allowed except in planned drainage channels or drainage easements. Exhibit E- Page 4 6-2985509. 10 ATTACHMENT B Exhibit E- Page 5 �0.6-2985509.10 ATTACHMENT B Drainage swales should not surface drain across major walkways or trail systems. Drainage can be piped or rock lined if flows are significant and/or if it flows into natural channels. Parking bays and walkways should not slope toward the building without adequate provisions for draining storm water away from the structure. All paved areas must be sloped to properly drain. Paved areas must be designed to carry surface water to the nearest practical street, storm drain or natural water course approved by the Design Review Board. Concentrated flows of water from parking areas should be collected in an appropriate manner. A detailed drainage study, if deemed appropriate, must be prepared by a Civil Engineer and submitted to the Design Review Board for approval. Planting: All landscape development, including specific landscape elements such as planters, retaining walls, and berms must be approved by the Design Review Board. Plant material selection and placement must ensure safe sight lines to traffic and signs. Care should be taken that no hazards are created for pedestrians and vehicles by plant litter. Plants are to be installed and maintained according to sound horticultural practices. Plantings must be consistent in quality and character with an approved materials list by the Design Review Board. Shrub planting beds can be mulched to prevent erosion and help retain moisture. All planting beds can be contained on all sides by a hard edge (i.e. sidewalk, wood, or steel edging, building, or curb). Snow loading should be considered when locating shrub areas so as to avoid winter damage to plants. Shrubs should be a minimum size of five gallon. Hedges, in winter, become snow fences and must be placed accordingly. Trees: Trees must be planted to provide for tree growth without disruption of adjacent areas. Each tree or tree "clump" must be no smaller than two inches in caliper. Replacement, if necessary, and maintenance of each tree is the responsibility of the builder. Dead trees must be replaced promptly with a tree of the same type, quality and size. Exhibit E- Page 6 6-2985509. 10 ATTACHMENT B Exhibit E- Page 7 �0.6-2985509.10 ATTACHMENT B Exhibit E- Page 8 �0.6-2985509.10 ATTACHMENT B Trees should be chosen and located to provide a function such as screening, shade, view enframement or accent. Accent plantings can occur at locations such as building entries, parcel entries or pedestrian areas. Care should be taken when selecting and locating trees so that Evergreen trees don't significantly shade streets in winter creating hazardous icing conditions; nor should they block south facing windows lirniting solar access. Afulches: Mulches can be utilized to treat the areas around tree and shrub plantings in all zones. Rock mulch is discouraged adjacent to asphalt areas. Grasses. - Grasses can be used in several situations, two of which are: • In large open areas as a soil stabilizing agent and for visual effect (primarily viewed from vehicular traffic). • Close to pedestrian areas where visual relief from extensive pavement is desired. In large open areas numerous Bass mixes can be considered. Thought should be given to water requirements and availability, maintenance requirements, potential fire hazard of dry grass, and visual effect desired. In these areas, rough grass mixes could be utilized. Native grasses and wildflowers/bulbs require less water, less mowing and lend themselves well to the perimeter areas, and when utilized, should he selected to match adjacent native grasses. In more intensively developed areas with pedestrian traffic anticipated, bluegrass mixes can be utilized to provide a lush, green appearance. Bluegrass mixes require more water and mowing than rough or dryland grasses and should be used judiciously. Irrigation: Irrigation is required in all formal landscaped areas. The intent is to keep the plant material healthy in appearance by meeting plant water requirements for proper growth and development. The type of irrigation will be determined by the intensity of landscape development and the associated water requirements of the plant species. For example, parking lot islands that contain only river rock mulch and trees may receive a drip irrigation system whereas plazas that have bluegrass, as well as trees and shrubs will require more traditional irrigation systems. Exhibit E- Page 9 -1650530.6-2985509.10 ATTACHMENT B Suggested irrigation techniques depending on the intensity of landscape development include the following: • Automatic spray irrigation system • Manual spray irrigation system • Automatic trickle irrigation system • Quick coupler system Exterior Furnishings: Within the landscape, three-dimensional objects are the most readily perceived. Careful design and use of these elements in the public and semi-public areas is critical in order to convey permanence and identity, as well as theme. Furnishings should be provided as appropriate and establish character through a unified design vocabulary, and provide strong visual continuity while fulfilling functional requirements. Mechanical Screening: Ground -mounted equipment such as power transformers and air handling equipment must be screened from public view by either materials integral with the building, a fence or landscaping, all of which must be approved by the Design Review Board prior to construction. Utility boxes should be located away from buildings, toward parcel property lines or painted to match surroundings. In all cases, plant material must be used to screen these boxes. Fencing may be used in combination with plant materials. Phone pedestals, meters and transformers will, whenever possible, occur to the side and rear of buildings. Vacuum breakers (irrigation equipment) will be located below grade in inspection pit housings or adequately screened by landscaping. Trash Dumpsters: Trash dumpsters shall be properly screened on all sides and enclosed by a roof if located outside. Screening and Fencing: Service Area Screening — All service areas are to be properly screened from adjacent land uses. Exhibit E- Page 10 6-2985509. 10 ATTACHMENT B Handicapped considerations: Consideration for the handicapped should be a part of the design process for any project in accordance with appropriate ADA standards. IV TECHNICAL DESIGN RECOMMENDATIONS Grading and Drainage The following grades should be observed: Ground shall slope away from all buildings at a minimum of six inches (6") in ten feet (10'). All planted areas should drain at a minimum of two percent (2%). Maximum slopes on planted areas should be 2:1 (grass 4:1). All paved streets and driveways with curb and gutter should drain at a minimum of one-half percent (1/2%). Exhibit E- Page 11 6-2985509. 10 ATTACHMENT B • All walkways and other paving should drain at a minimum of one percent (1 %). Maximum ramp grade should be eight percent (8%). Walkway slopes should be kept to a minimum to ensure pedestrian safety in the winter. • All parking bays should drain at a minimum of one-half percent (1/2%). Maximum grade should be five percent (5%), to ensure pedestrian safety on ice and snow. Landscaping (recommended plant materials) Deciduous Trees: • Ash • Hackberry • Aspen • Willow • Cottonwood Evergreen Trees: • Blue Spruce • Douglas Fir • Ponderosa Pine, Limber pine Deciduous Shrubs: • Buffaloberry • Snowbeny • Common Lilac • Sumac • Mountain Mahogany • Willow • Potentilla Exhibit E- Page 12 6-2985509. 10 ATTACHMENT B Evergreen Shrubs: • Juniper • Yucca Ground covers/Flowers: • Artemesia • Perennials • Daylily • Wildflowers • Mahonia Grasses: • Blue Stem • Blue Grama • Buffalo Grass • Fescue Exhibit E- Page 13 _�_. '.CT2985509. 10 ATTACHMENT B Recommended Mulches: Signs: Cobble: Four to six inch (4"- 6") average diameter, tan or gray in color. Cobble should be infilled with one -quarter inch (1 /4") pea gravel to inhibit weak growth. Washed River Rock: (hie -half to three-quarter inch (1/2" — Y4'� average diameter, smooth and tan or gray in color. Gravel should be installed a minimum of three inches (Y) deep. Wood chips, Pole Peelings or Equal: Free of sticks or litter and should be installed a minimum of three inches (Y) deep. The purpose of these criteria is to establish design standards that insure the owner and tenants identification and visual continuity. Unless otherwise approved by the Design Review Board as part of a unified signage plan for a particular project; the following sign standards shall apply: Prospective owners and tenants should review the criteria and then co-ordinate directly with a selected sign contractor. After a drawing has been prepared which meets tenant's approval, final drawings should be submitted to the Design Review Board for approval. Drawings should indicate size, color, type face, illumination, locations, layout, installation method, and any other pertinent information. Material and color samples should also be submitted. Exhibit E- Page 14 m2985509. 10 ATTACHMENT B General Sign Recommendations: • No animated, flashing, time/temperature or audible signs will be permitted. • All signs and their installation must comply with all local building and electrical codes and bear the UL label. • There must be no exposed raceways, cross-overs, conduits, conductors, transformers, or junction boxes. • Rotating signs will not be permitted. • No sign may extend above the roofline of the building. • The letter style, color, and material may be selected by tenant with approval by the Design Review Board. Highly stylized or extremely ornate type faces will not be allowed, unless it is an established trademark. • No advertising placards, banners, pennants, insignia, trademarks or other descriptive material can be affixed or maintained along the glass panels and supports of shop windows and doors or upon the exterior walls of the building. No sign manufacturer's labels or other identification will be permitted on the exposed surface of signs, except those required by local ordinance which must be in an inconspicuous location. No sign, advertisement, billboard or advertising structure of any kind may be displayed for public view on any portion of the properties or on any lot except in accordance with the standards set by, and with the prior written approval of the Design Review Board. All Signs must conform to prescribed setback and sight lines unless otherwise authorized. Commercial/Retail Signs: The length of total sign must not exceed 1/3 of the retail store frontage. The area of the sign must not exceed 10% of the storefront area. Spacing between adjacent signs must be a minimum of four feet (4'). The "copy" and "logo" criteria for each sign is as follows: "Tenants may only display their established trade names, or simply state their basic products (i.e. "Baker Shoes"). No additional advertising will be allowed (i.e. "Discount Sales", "Quality Shoes", etc.). Retail/commercial shops at comer locations will be allowed no more than three signs (two fascias and one arcade). Shops in all other locations will be permitted only two signs (one fascia and one arcade). Exhibit E- Page 15 6-2985509. 10 ATTACHMENT B Free-standing buildings having four (4) exposed elevations will be allowed to have signs only on two primary exposed elevations, unless otherwise approved by the Design Review Board. Office Signs: Signs for office structures are to be monument type. Maximum height allowance will be six feet (6") with twelve feet (12') as a maximum horizontal dimension. Lighting: All exterior lighting is subject to DRB approval. Preservation of the darkness of the night sky is of great importance to the commiuuiity. Nighttime lighting on a site shall be designed to minunnuze glare. light trespass and light pollution and to conserve energy and maintain night -tune safety. Lighting systems seize fiunctional and aesthetic roles in commercial areas. These roles are: to provide security and visual safety. to serve as directional indicators for both vehicular mid pedestrian traffic: to provide extended outdoor use tine. particularly in gathering areas: and to reinforce the identity mid character of a Development through form. color and materials of fixtures. visual light quality. mid placement. Lighting should be utilized to enhance the Building design and to complement the integration of a Building into its setting. Every effort should be made to conserve energy and resources and nummize negative unnpact of electric lighting such as light pollution. light trespass mid glare. Lighting levels should not exceed IESNA recomnienndationns. The use of low level light sources at the pedestrian scale to accent or illuun inate the ground plan provides a special opportunity to reinforce the unique identity and "sense of place" found in the area. This is achieved by a variety of lighting fixture types and lower mounting heights. At night. these design elements provide light for safety and aesthetic effect. By day. the physical shapes and sizes lend aninnnationn and scale to pedestrian spaces. Fixtures at a height of 16" can be utilized to ilhuninate pedestrian traffic areas. Additional pedestrian scale lights may be utilized. including smaller bollard light (42" height) and canister type lights on overhead strictures be utilized to illuminate pedestrian traffic areas. Additional pedestrian scale lights may be utilized. including smaller bollard light (42" height) and canister type lights on overhead strictures. Exterior Lighting: All exterior lighting is subject to DRB approval and applicable Electrical. Energy and Building Codes. Preservation of the darkness of the night sky is of great importance to the commnuunity. All lighting shall comply: this includes. but is not limited to. new lighting. replacement lighting. or any other lighting whether attached to strictures. poles. the earth or any other location. Exhibit E- Page16 -1650530,6-2985509.10 ATTACHMENT B Exterior lighting shall have minimum adverse environmental impacts such as glare. light trespass and light pollution and should conserve energy and maintain night-time safety. utility. security. productivity. enjoyment and commerce. Area lighting. Building -mounted lighting. pedestrian lighting. and all other site lighting should utilize white light sources such as LED. fluorescent. induction. and metal halide lamps. All light sources should have Color Rendering hidex of not less than 70. High pressure sodium and mercury vapor lamps shall not be used. Exhibit E- Page 17 �0.6-2985509.10 ATTACHMENT B Total Allowable lumens per non-residential site for exterior lighting should not exceed one of the following: For projects with up to 12 parking spaces (including handicapped accessible spaces) — 700 hm space 2.5 Im ft2 of any hardscape 22.000 initial lumens per site of basic allowance plus any of the following: • 201m per linear foot of hardscape perimeter • 2 Inn ft2 of hardscape • 2000 hit per door when luminaie is located within 20ft of the doorway • 4000 hin per primary entrance for Senior Care Facilities. Police Stations. Hospitals. Fie Stations and Emergency Vehicle Facilities an additional is allowed. provided that luminaire(s) is installed within 100ft of entrance doors • 2700 hit per drive up window provided that lunninaire (s) are located within 2 mounting heights of the sill of the window • 10 inn per square foot of a Guardhouse plus 2000 SF per vehicle lane provided that luminaires are located within 2 mounting heights of a vehicle lane of the guardhouse • 1 hnn ft2 for outdoor dining providing that luminaires are located within 2 mounting heights of the hardscaped area of outdoor dining • 0.2 hm ft2 for special security lighting for retail parkitg and pedestrian hardscape identified as having special security needs • 5 lm ft2 for total illuminated area of a Vehicle service station hardscape area less any area of the Building. area under canopies. area off property. or areas obstructed by signs or structures providing that huminaires are illuminating only hardscape area and are not within the Building. below canopy. beyond property lines. or obstructed by a sign or other structure • 30 hn ft2 for vehicle service station canopies for the total area within the drip line of the canopy provided that luminaires are located tinder the canopy • 7500 hm per heeling side. maximum 2 sides. for vehicle service station uncovered fuel dispenser provided that huminaires are located within 2 mounting heights of the dispenser • 10 hm ft2 for all other sales canopies for the total area within the drip line of the canopy provided that luminaires are located under the canopy • 5 hm$2 for all other non -sales canopies for the total area within the drip line of the canopy provided that ltunninaires are located tinder the canopy Exhibit E- Page18 -1650530.6-2985509.10 ATTACHMENT B Luminaries with 3.500 total initial lamp himens or greater shall be --fitll-cutoff' in style (as designated by the Ilhunninatung Engineering Society of North America). The maximum mounting height for pole-nnouunted parking lot hunninaries in all cases shall not exceed 35 feet above grade. including the height of the pole base. Pedestrian areas should provide light for safety and aesthetic effect. By day. the physical shapes and sizes lend animation and scale to pedestrian spaces. Luminaries with lamps that produce 3100 total initial lannp lumens and more shall be "cutoff' in style for glare control. The maximum height of pedestrian light poles shall be 15 feet. Every effort shall be made to improve quality of lighting and high risibility by high uniformity of light levels. while not exceeding reconnmended light levels. The nmnnber of luminaries mounted on a single pole shall be detennined by the DRB. Lights which flash. move. revolve. rotate. flicker. or vary in both intensity and color to emit inteninittent pulsation shall be expressly prohibited as fixed light sources. This does not include holiday seasonal lighting. which is temporary in nature for the holiday season. All holiday seasonal lighting. including type and duration. will be reviewed by the DRB on a case by case basis. Automatic controls should be provided that automatically extinguish all outdoor lighting by day using a switchable device such as photoelectric switch. astronomic time switch or a control system such as a progratnunnable lighting controller. Building automation system. lighting energy management system or equivalent. Automatic lighting controls are not required for the following: Lighting under canopies Lighting for tunnels. parking garages. garage entrances and similar conditions from dawn to dusk. Tine total outdoor lighting htmens shall either be extinguished or at the minunnu i reduced by 30%. Lighting reductions are not required for any of the following: • When there is only one non conforming luminaire on the Owner's property • Code required lighting for steps. stairs. walkways. and points of ingress and cgress to buildings and other facilities • When in opinion of Authority. lighting levels must be maintained • Motion activated lighting • Lighting governed by special permit in which times of operation are specifically identified • Residential lighting Exhibit E- Page19 -1650530,6-2985509.10 ATTACHMENT B Exteiior Luminaries: Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings A luminaire may be used if it is rated as follows according to LZ 1 classification. If luminaire is installed in other than intended manner. the rating shall be detenuined to account for the actual photometric geometry. Backlight. Uplight and Glare ratings are based on a zonal lumen calculations for secondary solid angles defined by IESNA TM-15-07. addendum Febnnary2009 http: Nv«w.ies.org PDF Erratas TM-15-07BUGRatingsAddendiun.1Pdf The zonal hnnen threshold is based on data from photometric testing procedures approved by the ilhnninating Engineering Society of North America for Outdoor Luminaires (LM-31 or LM-35). Allowable Back light Rating > 2 mounting heights from property line B 1 1 to 2 mounting heights from property line and B 1 properly oriented with backlight towards property line 0.5 to I mountmg heights from property line and B 1 properly oriented with backlight towards property line < 0.5 mounting heights from property line. adjacent to a street BO and properly oriented with backlight towards property line < 0.5 mou ntmg heights from property line and BO properly oriented with backlight towards property line Allowable Uplight Rating U 1 Allowable Glare Rating G1 Exemptions: The following are general exemptions that will be reviewed on a case by case basis by the DRB with the understanding that it might not be reasonable to comply with the Guidelines. This in no way precludes the DRB from reviewing any of these and Owners must receive DRB approval for any and all exemptions: Lighting equipment within ROW or easement for the principal purpose of ilhuninating streets. roadways and or other areas open to public transport by vehicle or pedestrian traffic. No exemption shall apply to any lighting equipment within ROW or easement when purpose of luminaire is to ill ruinate areas outside the ROW or easement. Exhibit E- Page 20 -�m2985509. I0 ATTACHMENT B Lighting equipment for roadway rest areas without gas stations. restaurants or retail stores. Lighting equipment for public momuments. statuary. and the current flag pole in planning area K. Temporary lighting equipment for theatrical. television. performance areas and constriction sites. Lighting equipment for s-,s irnming pools mid other water features. Temporary lighting equipment and seasonal lighting equipment provided that individual lamps are lOw or less. Lighting equipment that is only used during emergency conditions. Lighting equipment that is only used for security and controlled by a motion sensor with photoelectric switch. When lighting equipment is specified and identified in a specific special use permit. When lighting equipment required by laws and or regulations of a government. authority or entity having applicable jurisdiction. All exterior Buuildung and Development lighting is subject to DRB approval. All lighting shall be properly maintained. Supplemental Design Standards: Planning Areas A and D: The supplemental design standard set forth in this paragraph shall apply to any Building developed for Conunercial Use(s) or as a Mixed -Use Project constructed on a Site abutting the southerly boundary of Planning Area A or Planning Area D and having the rear of such Building facing the southerly boundary of Plarnrnung Area A or Planning Area D. as applicable ("Affected Building"). Any Affected Building shall utilize architecture mid exterior materials on the rear of such Affected Building that is consistent in quality and finish with the architecture and exterior materials utilized on the fi•ont of the Building. Deviations from this design standard may be considered and approved in accordance with Section 7.16.120 (alternative equivalent compliance) of the Development Code. Exhibit E- Page 21 -1650530.6-2985509.10 ATTACHMENT B EXHIBIT F Street StandardsA. Street Design and Improvement Standards. Development within The Village (at Avon) shall comply with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by the standards set forth in this Exhibit F. Street Descriptions and Types. (ia) Post Boulevard (constructed): this Urban Arterial Road extends south from Swift Gulch Road (constructed) to US 6 and has an interchange with I-7-9-70. Curb. gutter, and attached sidewalks are provided along both sides of the roadway, and on the eastern side only between Fawcett Rd. and Yoder Ave., within an 84' -- 100' R.O.W. The posted speed limit on Post Boulevard is 30 MPH, changing to 35 MPH at the north end. (4b) Yoder Avenue (constructed): this Urban Collector Cul-de-sac Road extends east from Post Boulevard (constructed) to the Cul-de-sac. Curb, gutter, and attached sidewalks are provided along both sides of the roadway, and on the south side only from Fawcett Rd. to the cul-de-sac, within a 60' R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. (iiic) Fawcett Road (constructed): this Urban Collector Road extends between Post Boulevard (constructed) and Yoder Avenue (constructed). Curb, gutter, and sidewalk are provided along both sides of the roadway, and along the western side only from the Wal-Mart entry to Yoder Ave., within a 60' — 7F R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. (iN�d) East Beaver Creek Boulevard (temporary): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). The posted speed limit of 30 MPH. (vg) Swift Gulch Road (constructed): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). An 8' wide multi -use trail exists within the varying width R.O.W. (cif) East Beaver Creek Boulevard (conceptual): this Urban Local Road extends from Avon Road at the western edge of Lot 1, to Post Boulevard (constructed). Curb, gutter, and sidewalk shall be provided along the roadway, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 7 or 8). (v4g) Main Street (conceptual): this Urban Local Road extends from the western edge of Lot 1 at Chapel Place to the roundabout at Post Boulevard (constructed). Curb, gutter, and sidewalk shall be provided along the roadway, as generally depicted on the conceptual illustration attached as a part of this Exhibit F (for the central segment; illustration 2, 3 or 4; for the western segment illustration 5 or 6, for the eastern segment illustration 15, 16 or 17). The conceptual illustrations for the eastern segments are Exhibit F- pue 1 �0.6-2985509.10 ATTACHMENT B intended to illustrate possible scenarios for the width of the R.O.W. and associated improvements (i.e., sidewalks, landscape buffers, bike lanes, etc.). The R.O.W. as designed and constructed may vary from such illustrations relating to, among other factors, the location of such segment and the character of the development adjacent thereto. By way of example but not limitation, sidewalks on both sides of the travel lanes may not be necessary in certain locations, on -street parking may not be desirable in certain locations and center turn lanes may or may not be necessary in certain locations. (viiih) Swift Gulch Road (conceptual): this Rural Local Road extends east from the roundabout at Post Blvd. (constructed) through Planning Area J, the United States Forest Service parcel, to Planning Area I. Paved shoulders, and either a bike lane or a multi wemulti-use trail shall be provided within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 10, 11, or 12). The bike lane or nv& multi -use trail, or applicable phase thereof, shall be provided in connection with and contemporaneously with the construction of Swift Gulch Road, or applicable phase thereof. (iNi) Road A (conceptual): this Urban Local Road extends from East Beaver Creek Blvd. (conceptual) to Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along both sides of the roadway, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 5 or 6). (xi) Road B (conceptual): this Urban Local Road extends from the western roundabout of Main Street (conceptual) to the eastern roundabout of Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along one side of the road, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 5, 6, or 9). (44) At the option of the applicant this may be designated as a one-way street. (*ik) Road C (conceptual): this Urban Local Oil Cul-de-sac Road extends north from the eastern roundabout of Main Street (conceptual) to the etil de saecul-de-sac. Curb, gutter, and sidewalk shall be provided along both sides of the road, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 5 or 6). (*iil) Road D (conceptual): this Rural Local Cul desaeCul-de-sac Road extends east from East Beaver Creek Blvd. (conceptual) to the cul-de-sac. Hard shoulders and a pedestrian path (attached or separated) shall be provided, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 10 or 12). (*i4m) Road E (conceptual): this Rural Local Cul-de-sac Road extends north and east from the roundabout at Post Blvd. (constructed) and Swift Gulch Rd. (constructed) to the E��'�cul-de-sac. paved shoulders shall be provided, within a 50' (min.) R.O.W. Exhibit F- Me 2 �0.6-2985509.10 ATTACHMENT B as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 10 or 12 for that section of the road below RMF4-1, and illustration 10 for that section of road above RMF4-1). (gin) Spur Roads —NF--N (conceptual): these Rural Local �'��� l de saeCul-de-sac Roads extend from Road E (conceptual) to their eti'�aescul-de-sacs. Paved shoulders shall be provided, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 10). (moo) Roads located within Planning Areas 1, K, and RMF4-1 (conceptual): Any additional roads not currently designated shall be Rural Local Roads with paved shoulders within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 10 or 12). 2. Bus stop locations may be provided within certain portions of the eastern segments of Main Street and/or East Beaver Creek Boulevard as depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 18); provided however, such locations and designs as depicted are conceptual in nature and non -binding, and the location and design of such bus stops, if any, shall be established in connection with the design of the applicable R.O.W. segment, and shall be based on various site specific features such as the topography, grade, traffic engineering considerations and similar matters. 3. The engineering, installation and construction of any road within The Village (at Avon) may, at the discretion of the Applicant, be phased. Only the portion of a road that is necessary to serve the property that is the subject of the applicable Application shall be required to be engineered, installed and constructed in connection with the development of such property; provided, however, if any such road is depicted on the PUD Master Plan to extend and continue further than such phase, the Applicant shall submit Preliminary Engineering for the extended road as a part of its Application in accordance with Section AA(g) of the PUD Guide. 4. Modifications to Street Standards. (a) Minimum Driving Surface: 22 feet (i) Except, those lots within P-A-K A-K, above RMF-t-I, which are limited to 20 feet per Exhibit D, Wildlife Mitigation Plan. (b) Minimum Shoulder: 2 feet each side, paved (i) Shoulders shall not be required if curb and gutter are installed. Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder. (c) Design Speed: 30 MPH except as listed below Exhibit F- Page 3 �0.6-2985509.10 ATTACHMENT B (i) Post Boulevard (constructed): 35 MPH (10 East Beaver Creek Boulevard (temporary): 35 MPH (iii) Spur roads F — N (conceptual): 2-5MP4425 MPH (d) Maximum Grade: 6% except as listed below (i) East Beaver Creek Blvd.: 8%, provided that: (1) the grade is not maintained for a distance in excess of 500 feet; and (2) no spur roads or driveways will have access points during the run of 8%; provided, however, reduction of the grade to 6% at a spur road or driveway access points and thereafter returning the grade to 8% shall be permitted. (ii) Swift Gulch Road (conceptual): 10%, provided that: (1) the grade is not maintained for a distance in excess of 800 feet; and (2) no spur roads or driveways will have access points during the run of 10%; provided, however, reduction of the grade to 8% at a spur road or driveway access points and thereafter returning the grade to 10% shall be permitted. (iii) Spur Road F (conceptual): 10% (iv) Road E (conceptual): 10%, provided that: (1) the grade is not maintained for a distance in excess of 800 feet; and (2) no spur roads or driveways will have access points during the run of 10%; provided, however, reduction of the grade to 8% at a spur road or driveway access points and thereafter returning the grade to 10% shall be permitted. (e) Minimum Curve Radius: 100 feet (i) The driving width does not included curve widening if required by AASHTO. (f) Minimum Site Distance: 200 feet Exhibit F- t4ge 4 �0.6-2985509.10 ATTACHMENT B (g) Gul de Saes,Cul-de-sacs - Notwithstanding anything to the contrary_ forth in Title 15 or any other provision of the Municipal Code: (i) Cul de saes.Cul-de-sacs within Planning Area C may exceed 1,000 feet in length; provided, however, they shall not serve more than 450 Dwelling Units. The portion of any such cul-de-sac serving 250 or more Dwelling Units shall be constructed to Rural Collector Road, and the portion of such eul de saecul-de-sac serving less than 250 Dwelling Units shall be constructed to Rural Local Road. (ii) Gul de saesCul-de-sacs located north of Interstate 70 may exceed 1,000 feet in length and service not more than 280 Dwelling Units; provided, however, the portion of any such eul de saecul-de-sac that is in excess of 1,000 feet shall not serve Commercial Uses except those Commercial Uses specifically included in Sections D.8(a), D.8(b), D.9(a) or D.9(b) of this PUD Guide. (h) Retaining walls (i) Retaining walls over four feet in height or any wall supporting a vehicular load or structure shall be structurally designed and certified by a Colorado licensed professional engineer. (ii) Retaining walls over ten (10) feet that support naturally occurring topography and other site development constraints shall be designed with a series of retaining walls with landscaped terraced steps. The width of the terrace between any two ten (10)-=foot vertical walls shall be at least four (4) feet. Retaining walls higher than ten feet shall be separated from any other retaining wall by a minimum of five (5) feet horizontally. Terraces created between the retaining walls shall be permanently landscaped. (iii) Retaining walls supporting a vehicular load or structure (below -road retaining wall) shall not exceed twenty nmetwepV-nine (29) feet in height. Retaining walls supporting naturally occurring topography (above -road retaining wall) shall not exceed twentytwenty-nine (29) feet in height. An above -road retaining wall and a below -road retaining wall meeting the above requirements may abut the same portion of the right-of-way or road (such that they are above and below, respectively, the same right-of-way or road). The Director shall have the authority to review and approve retaining walls that exceed the foregoing height limitation. Notwithstanding the foregoing to the contrary, retaining walls occurring along Road E (conceptual) between SP 241.00 and SP 260.00 (as generally depicted on the conceptual illustration map of the Project included in this Exhibit F shall have no height restrictions. 5. Dedication to Town. All streets installed and constructed in accordance with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by this Exhibit F, shall be accepted by the Exhibit F- Page 5 �0.6-2985509.10 ATTACHMENT B Town for ownership and maintenance in accordance with the terms and conditions of the applicable Public Improvements Agreement. 6 r,...,..iv...,enta •io of Settlement rro...,-, SheetIntent Regarding Planning Areas K and RMF-1. With respect to streets to serve Planning Areas K and RMF4-1, the modifications set forth in this Exhibit F to the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code are intended to —implement f the Settlement T s a that, tevfcnc�a--r�-Fi�-vacct-iix-vicxc�crresc among other matters, assure that access be provided to the Uses permitted on Planning Areas K and RMF4-1 pursuant to the Development Standards. As detailed engineering cannot be accomplished with respect to such streets as of the Effective Date, it is the Master ' eveloper-'sLandowner's and the Town's intent that this Exhibit F be modified from time to time, as reasonably necessary, in order to provide for such financially feasible access, all in accordance with the applicable procedures as set forth in this PUD Guide. Exhibit F- Fa&e-6 �0.6-2985509.10 ATTACHMENT B T)nAT% AXAD YRV ILLU5TKATIBN The Villogc Cot Av(?n) Exhibit F- Page 1 .(2985509. 10 ATTACHMENT B w w z z 0 J 0 J Y Z oQ oQ mm mm I w w 80' R.O.W. 15'-0" 6'-0" 8'-0" 11'-0" 11'-0" 8'-0" 6'-0" 15'-0" NAIOYUY upomum LA+OXAPC PAWNG LAW Q'O' • Od MN JW TRAVEL LATE 1 MINRMI 1RAVEL LANE 1 PAMW4 LANE WV' • Od 1tl W LANOSCAP[ NAXWN 90EMALK AREA AREA Main Street (central segment) On Street Parking ILLUSTKATIQN 7- Urban Lgcal Rgad Exhibit F- Page 2 .(2985509. 10 ATTACHMENT B w z U J z Y � U _J Q � m m W N 80' R.O.W. 16'-0" 8'-0" 11'-0" 2'70" 6'-0" 2'-0" 11I�q�1/V PAW!jo LAME up"m MhIWY 7E 4Jt Wo * Od IRA%Q LANE LANDSCAPE ARCA Main Street (central segment) Boulevard ILLUSTKATIQN 3 11'-0" 8'-0" 16'-0" modwum TRA LANE P�:Od SMEWALIC Urban Local Road Exhibit F- Page 3 165053e,(,2985509.10 ATTACHMENT B Exhibit F- Page 4 1650530.6-2985509.10 ATTACHMENT B Exhibit F- Page 5 1650530.6-2985509.10 ATTACHMENT B (Deleted m aphics) LLJ z U J Z Y p U J Q �m mI F— LiJ V AXIVI, V 9CE'MALK 50' R. 0. W. 6'-0" 2'-0" MMIVLY VIYIYUM VINIVUV lAlaD`:r f TkAtiQ LANE TvA'•EL LA\E ANF= aeRII i 2'-0" 6'-0" 6'-0" T VNWN VAXPAI V i LANOWAPE _IOEMALIK AREA Main Street (western Segment) Roads A, 6, * C No on street parkincg ILLUSTKATI:?N 5 Urban Lgcal K(?od Exhibit F- Page 6 - 6-2985509. I0 ATTACHMENT B w z U J z Y p U J_ Q mil w N 80' R.O.W. VARIES 2 —0" 11'-0" 2'-0" 6'-0" 2'-0" 11'-0" SCEWALK YINYVY YMMJY WNIYW TRAVM LANE LANDSCAPE TRAVEL LANE AREA t Main Street (central segment) On Street Angled Parking ILLUSTKA-nsr: 4 Urban Lgcol Kgod Exhibit F- Page 7 -16505 30: (,2985509.10 VARIES VARIES aAJ%aW LUZ I SIOE>t lJ( 8'0' • 0d 19'9' • 45d 19'0' • Wd w z � J Z Y O U _J Q m mI H w N ATTACHMENT B Exhibit F- Page 8 1650530.6-2985509.10 ATTACHMENT B (`-Modified graphics) wW ZZ NM rif� la?aDO"ffifl.� Exhibit F- Page 9 1650530.6-2985509.10 ATTACHMENT B Exhibit F- Page 10 1650530.6-2985509.10 ATTACHMENT B (Modified graphics) Note: If road 15 located ad_lacent to Lot I w property line only one sidewalk will be required. w z z 0 J 0 J zY rn'anw zY VARIES SNOW STORAGE AN DRAINAGE • • • • • _I�1� II Illl l��r neswarvr� �s;.. i I .ill ir.�rl A � :.1evr-v3�T. . w�ocr.Yuvtinlr�t, 1�11 I�i� c1�ra+►..r_v..t r�.++, I Main Street (western segment) LJ?baff1tgcciMoad ILLUSTRATION a Urban Lgcal Kgod Exhibit F- Page 11 VARIES SNOW TORAGE ANO DRAINAGE - 6-2985509.10 ATTACHMENT B Exhibit F- Page 12 1650530.6-2985509.10 ATTACHMENT B (N-lodified ouaphics) pH*Wr;,If @� WWO ' If rocated adjacent to Lot property line only one 51ciewalk will be required. r,n'Rnw VARIES VARIE SNO * STORAGE AN DRAINAGE East Beaver Creek Blvd. East Beaver Creek Blvd. ILLUSTRATION 7 Urban Lgcal Kgod ILLUSTRATION 8 Urban Local Kgad Exhibit F- Page 13 VARIES ARIES SNOW TORAGE AND DRAINAGE - 6-2985509. I0 ATTACHMENT B (Modified g-Taphics) VARIES Notes: Center turn lane may be required to accommodate turn lanes at intersections. If road 15 located adjacent to Lot I property line only one 51dewalk will be required. One way option East Beaver Creek Blvd. iL. L4�.��s�r��kfr�N� 8 1 MUff i =tm —2611."befL, � Usi 3 TTJ Exhibit F- P�a&e 14 VARIES - 6-2985509. I0 ATTACHMENT B (Modified graphics) W VARIES — •��du.cj —0" � —6*-0" 4'—�"'�"Y VARIES �IO11�/ - J u1Vu iiL w NMUM - 0" w DRMIMCG VrIM v ARiAif1N_ DRANACO STORAGE AAf. TRAQ LA%E TRA![L J.E STORAGE AND D4AM.AX DRMNAGE S AO oad yto�io�rhi N ILLUSTKAT19N 10 KuMflElcYtldPKgad Urbon Lgcal Kgod Exhibit F- Page 15 .(2985509. 10 ATTACHMENT B (Modified graphics) YMNUY MINIM ;4 11-0 M n .sNory — m+IMuw $how rAINACE hIV:,N TORArE A 3 Ta VEL LAKE DRAIN AGE 3:1 MKS me wwtw.v�- — U vlvwt,rr'I 2' 0 J _ mWmjN _. — -T BIKE X Swift Gulch Road 5 vRbaG LQ It Woa* N ILLTLbtTKATIjN 1 1 KR64-�� 0 gn r�qd Exhibit F- Pa&e16 8' MIN. W DRAINAGE 3:1 3-:1 1650530.6-2985509.10 ATTACHMENT B (Modified Graphics) NOTE: Center turn lane may be required to Iwo v�IjLfj�ij�1�1r1jt=J4Y�+" I�1I073�.'Ti��I�ITjIINC 0 0 0 0 u 4 `r II Swift Gulch Rd. Road D t E ILLUSTRATION 1 1 KuVLgl►Lg�qIZRgad Kural L9c®I Rq®d Exhibit F- Page 17 .(2985509. 10 ATTACHMENT B Exhibit F- Page 18 1650530.6-2985509.10 ATTACHMENT B (Modified graphics) NOTE: G�er�tPr turn.l�ne,ma �e r�c�ul, ed to b. '5/arres wr. aria Isar ar —0 8'-10' 1 —0 J. GRAVELFAKE LANE GRAbQ SMOuLDEF S0' R.O.W. SMOLLXR 34'-0" BE REMI ALLS MAY ABOVE OR 10 BCL01Ir TRAI MIwUV VIhIMJY MAMTAIh To rTA.9LE SMOULDER SMOLLDER GRADE MIN —0 10'-02'-8' 0-00—MIN. SNOW NINWM CIDITER TURN Whim SNotN STO AAA TRAVEL LANE LANE TRAVEL LANE D $1GE ��A GE 1- Swift Gulch Rd. Road D 4 E ILLUSTKAT19N 12 ILLUSTKATIQN 13 Mbiq °�� i I Exhibit F- P�a&e 19 1650530.6-2985509.10 ATTACHMENT B Exhibit F- Page 20 1650530.6-2985509.10 ATTACHMENT B (N-lodified graphics) VARIES Skew STORAGC At. r R Arl AOE R.O.Y?-GAri&fiMh'^'tiredir8q cys;djbt&j cece 26� 1.-0" —1 ' MM/YUM GRAYM 9KE LA4E p4AYEL GRAVEL 4gL1LpEMt SMOLLDCR LOCR SHO=CR y�OUDp 0" W-0" 11'-0' 2 - VARIES 1 *-0" SRE,Aia{4r+d*wAQS kIES 1RA CL LA%E TRAVU LAW S �A140 � 1 TA1NR LE Jc 1 ILLUSTRATION i -f Multi-purp9se Trail ILLUSTRATION I *-� Multi-purp9sc, Trail Exhibit F- Page 21 - 6-2985509. 10 ATTACHMENT B (Modified) 54'-64' R.O.W. R.O.W. Varies with area on disturbance OF 0 6'-0" 6'-0" 4'-0" 11'-0" 11'-0" 4'-0" 6'-0" 6'-0" stiow MINIMUM 41NNIVM BIKE IQ�M MINIMI,M BIKE MINIMUM MINIMUM snow STORAGE AND -IDEWALK LA ANE LANE LANDSCAPE SIDEWALK STORAGE AND DRAINAGE yJ �y CItA AREA GRAVEL DRAINAGE SHOULDER 94OU D�•/f i 940ULDER VARIE 1''-0" 11'-0" 2'— " VARIES 1 �— 1 *-0" VARIES N u r � 1S i. M 1MWYVY =�� S A Tt"'IF L 1RAVM AGE AMD NI ai l►\ (Ca5tern 5CCJmentparkin/ 15 provided) Alternative ILLUSTKATIgN 15 Urk dRUB ju Kgod Multi-purp(?sc Trail Exhibit F- Page 22 - 6-2985509. 10 ATTACHMENT B Mnrli+iPr1 m•a»lilt z) 9�4'_F;4' R n w Main (eastern sec}mCgj�f,��N(;!Snter Turn Lane) Alter!F�-, Urbcj� L1'K90d ILLUSTKATIQN 10 Urban Local Read Exhibit F- Page 23 �c 1650530.6-2985509.10 ATTACHMENT B (Modified graphics) Iti1VUNaa L�. xME,�—�QWSTREEi PAR WI. NILKV —� CR Bus STOP 11 4nvE M LANE E UP TO78'R.O.W 41\NI�V , ,s 41hN. V 7AVLLA —O T:zAVELLAN E MM4 :ENTER TURN Main Street Alternative —0" 12'—F0—0" �" s'-0" 6 ON SIREET ,%r- '► OR B 5 T VJ Fy kIhQ1►' yN,CSC�K NI INS F pt6 V rtAI�INU BM(E 1/1tiINl,M TT� 4EL L nE LANE MAwi mR t ea5tern e Turn Lane C5 'ent o AR n v on' 1LLUSTKATI3N 10 Urban Local Read Exhibit F- P�a&e 24 1650530.6-2985509.10 ATTACHMENT B Exhibit F- Page 25 1650530.6-2985509.10 ATTACHMENT B (Modified graphics) UP To 78' R.O. 6'-0" r• - ' �- " 11'-0" 12'-0" `'-- -- OM" ARkl1.•� ?IKE MINIMUM BIkE 7REET PARKINC 9D iA� _- ! au STCr LAVE TRH TRAVEL LAVE LA%E OR BUS STOP -- -� r e"5 r�P B S STOP CONCEPTUAL LOCA71ONS Ma;,1 , (eastern segment with oparking or bus stop) Alr ive BUS S70P CONCEPTUAL LOCATIONS YUrb Planning Area E ILLU RAT N 17 6al KgQd ILLU5TKA-f19N 18 bus Sfi(?p Lgcoti(n Exhibit F- P�a&e 26 6'-0" 6'-0" LANDSCAPE YINIYUl1 SOEWAIk - 6-2985509. 10 ATTACHMENT B Exhibit F- Page 27 1650530.6-2985509.10 ATTACHMENT B (Added graphics) ILLUSTKATI2N I b bus Step L(?cotign Exhibit F- Page 28 -16505 30: (,2985509.10 ATTACHMENT B EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD L Development Code Provisions: (a) § 7.16.060(i) Lapse of a Final PUD (b) § § 7.16.0600)(1)(ii) & (iii) Revocation of a Final PUD (c) § 7.16.090 Design Review (d) § 7.16.100 Special Review Use (e) § 7.16.140(b)(2) Vested Property Rights Created (only the second sentence reading, "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.") (f) § 7.16.140(g) Forfeiture of Vested Property Rights (g) § 7.20.100 Employee Housing Mitigation (h) Select sections of Chapter 7.24, specifically listed as follows: § 7.24.040, § 7.24.050(a) and (b), § 7.24.060, § 7.24.070(e) (i) §§ 7.28.020(b)(4) & (5) Applicability and Location: Location and Ownership 0) § 7.28.020(e) Ofon-Str-eeiOff-Street Parking (k) § 7.28.020(g) Computation of Parking and Loading Requirements (1) § 7.28.020(h) Off SiteOff-Site Parking (m) § 7.28.050 Landscaping (n) § 7.28.070(b)(4) Retaining Walls (o) § 7.28.060 Screening (p) § 7.28.090 Design Standards, provided that subsection (c)(5) shall apply (q) §§ 7.28.100(a)(3)(v), (x) & (xiii)(D) Natural Resource Protection (r) § § 7.28.100(a)(3)(xiii)(E) Natural Resource Protection (only with respect to Planning Areas I, K and RMF4-1) (s) § § 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and Specifications Exhibit G- Page 1 �0.6-2985509.10 ATTACHMENT B 2 (t) § 7.32.030(1) Engineering Improvement Standards: Streets; Grades, Curves, and Sight Distances (u) § 7.32.030(m) Engineering Improvement Standards: Streets; Cul de saesCul-de-sacs (v) § 7.32.040(c) Paved Trail Design: Minimum Width (w) § 7.32.040(e) Paved Trail Design: Grades (x) § 7.32.080 School Site Dedication (Pursuant to Section 3.7(a) of the Development Agreement, Section 7.32.080 of the Development Code with respect to school site dedications, subject to the provisions of Section 3.9(b) of the Development Agreement) (y) § 7.32.090 Park Land Dedication, subject to the provisions of Section 3.9(b) of the Development Agreement (z) § 7.40 1041 Regulations Other Municipal Code Provisions: (a) Chapter 3.40 Impact Fees, subject to the provisions of Section 3.9(b) of the Development Agreement (b) Chapter 8.32 Wildlife Protection (c) Chapter 15.28 Sign Code (excluding Section 15.28.050(c) (sign installation permit)) (d) Chapter 15.30 Outdoor Lighting Standards (e) Impact fees enacted or adopted after the Ef eetive PateAugust 1, 2014, the impacts of The Village (at Avon) being adequately mitigated by, among other matters, the payment of the impact fees set forth in Section 3.8 of the Development Agreement, subject to the provisions of Section 3.9(b) of the Development Agreement. (f) Pursuant to Section I.15 of this PUD Guide, any affordable housing, attainable housing and/or employee workforce housing provisions of the Municipal Code, subject to the provisions of Section 3.9(b) of the Development Agreement. (g) Any provision in Title 15 or elsewhere in the Municipal Code that conflicts with the provisions of this PUD Guide regarding the maximum number of Dwelling Units that can be constructed on a cul-de-sac. Exhibit G- Me 2 �0.6-2985509.10 ATTACHMENT B EXHIBIT H Section 7.16.070 of Development Code7.16.07 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. 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. If any_ tract of land or airspace has been subdivided as one (1) We 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: U Is created by a lien, mortgage, deed of trust or any other security instrument; Q Is created by any interest in an investment entity; Creates cemetery lots; Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property; 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; 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; N Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determiningthe he appropriate subdivision review procedure: Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements. Exhibit H Fuel 2985509.10 ATTACHMENT B Minor Subdivision. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat and subdivisions which move any lot lines by more than two (2) feet, but shall not include subdivisions which are administrative subdivisions. Condominiums and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions. Administrative Subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) units and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots. The Director shall have the authority to determine that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application or multiple applications presents issues which warrant review and approval by the Town Council. All administrative subdivisions are exempt from notice requirements outlined in Subsection 7.16.020(d). _O Review Procedures. Applications for a subdivision shall follow the eg neral review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for subdivision must be initiated by the owner of the real property. The Director may combine preliminary plan and fmal 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 reliminary plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in the Development Code shall apply to the application. Review Authority. The review authority for a subdivision application shall be determined by the subdivision category. (1) Major Subdivision. Major subdivisions shall be required to obtain approval for a preliminary plan and for a final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. Minor Subdivision. Minor subdivisions shall require final plat review and qpproval only where no public improvements are proposed; however, the 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 Town Council shall render the final decision on a Exhibit H Pie 2 2985509.10 ATTACHMENT B minor subdivision application after conducting a public hearing. Minor subdivisions shall be approved by resolution or ordinance of the Town Council. Administrative Subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat. The Director shall review and render decisions on administrative subdivisions. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.16Q Appeal. O 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: U 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; Q The subdivision application shall comply with the purposes of the Development Code; Q) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community_ planning documents; The land shall be physically suitable for the proposed development or subdivision; The proposed subdivision shall be compatible with surrounding land uses; 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; 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; The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under -sized lines; 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 areas; Exhibit H Pae 3 2985509.10 ATTACHMENT B 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; 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; 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. Exhibit H P9e 4 2985509.10 ATTACHMENT B (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: W The Town Engineer shall compare the legal description of the subject property with the County records to determine that: o 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. 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; The final plat conforms to all preliminary plan criteria; The development will substantially comply with all sections of the Development Code; The final plat complies with all applicable technical standards adopted by the Town; and Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities. (g) Public Improvements Guarantee. Guarantees for public improvements shall comply with Subsection 7.32.100(c). O Revocation. An approval of a final plat is revoked pursuant to this Section. W 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 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. Vacation. The fmal 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 Exhibit H Pne 5 2985509.10 ATTACHMENT B by the 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 bX Council. (33) 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 the vacation proceedings are instituted. (Ord. 10-14 §3� Exhibit H Pa e 6 2985509.10 ATTACHMENT B EXHIBIT 1€II DefinitionsThe definitions of words and phrases set forth in this Exhibit Hl expressly supersede any additional or conflicting definitions of the same words or phrases or same general intent as set forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose of this PUD Guide and the interpretation, application and enforcement of this PUD Guide and related components of the Development Plan. When not inconsistent with the text, words used in the present tense include the future, words used in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The words "will" or "shall" are mandatory, and the word "may" is permissive. Accessory Building, Structure or Use means a subordinate Building, Structure or Use located on the same Lot (or on a contiguous Lot in the same ownership) on which the main Building, Structure or Use is situated, which is customarily incidental to that of the main Building or to the main Use of the Site, and which is reasonably necessary and incidental to the conduct of the Use of such Building, Structure or main Use. Accommodation Unit(s) 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. Short Term Rentals are not Accommodations Units. any additional or- eenflieti is of the Munieipal Code. Administrative Subdivision Areas has the meaning set forth in Section G.1(a) of this PUD Guide. Affiliated Landowners means, collectively, together with their respective successors and assigns and together with any other entity with respect to which Traer Creek LLC is the managing member and which acquires title to any portion of the Property after the Effective Date, Traer Creek Holdings No.l LLC, Traer Creek Holdings No.2 LLC, TC-MAV LLC, Traer Creek -RP LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer Creek -HD LLC and Traer Creek-WMT LLC. Agricultural Use means those agricultural activities commonly pursued in Eagle County including but not limited to the planting, cultivation and harvesting of crops, trees, grasses and similar crops used for production of hay and other animal feedstock, and the grazing of livestock; provided, however, that Animal Boarding, cultivation in connection with operation of a Medical Marijuana Business and large contained animal feeding operations (feed lots) and/or slaughter houses shall not be construed as an Agricultural Use. ATTACHMENT B r-eeor-ded in the real pr- is of Eagle Count�,, Color -ado, on August 1, 2014 at Reeept No. 201412778. Animal Boarding means the operation of an establishment, excluding the operation of Kennels, in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. Animal Boarding shall not be construed to be an Agricultural Use eligible for being designated an approved Interim Use. Applicant means the Landowner of the real property comprising the Site for which an Application is submitted, or an individual or entity whom the Landowner has designated in writing as its authorized representative for the purpose of representing the Landowner and/or acting upon any application or submittal for development of the pertinent Site (which may be a contract purchaser or owner of an option to purchase fee simple ownership of the Site or portion thereof with the fee owner's written consent to any such application or submittal, or which may be an owners' association for a Condominium project or like common interest ownership project). Notwithstanding any additional or conflicting provision of the Municipal Code, the definition of "Applicant" shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest in the Site, whether possessory or otherwise, other than fee simple ownership of the Site as reflected in the official records of the Eagle County Tax Assessors office. Application means any form of application or submittal to the Town for review and approval of any form of development within The Village (at Avon), including but not limited to an application or submittal regarding an amendment to this PUD Guide, a Preliminary Plan, a Final Plat, a grading permit, a building permit or similar matters. Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building. Arcade means a series of arches or similar architectural features supported on piers or columns. Architectural Projection means a building element (i.e., Appurtenance, Arcade, Awning, Balcony, tower, steeple, portico, chimney, cupola and similar non -habitable features) which physically projects beyond the plane of a required limitation (i.e., height, setback, etc.). Area Median Income means the estimates of median household income for Eagle County compiled and released annually by the United States Department of Housing and Urban Development. Automobile Repair Shop (Major or Minor) means an establishment that does not sell fuel, gasoline or petroleum products which is primarily engaged in the service, repair or maintenance (including but not limited to paint, body and fender, major and minor engine and engine part overhaul, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, vehicle washing, detailing polishing similar services) of- (i) with respect to Major Uses, commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment; and ATTACHMENT B (ii) with respect to Minor Uses, passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment. Awning means a roof -like cover (whether canvas, metal, masonry or other material) that extends in front of or over a doorway, window, deck, Balcony or entryway to provide protection from the sun, ram or snow. 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 or other form of cover, and higher than four (4) feet above ground level. Bed and Breakfast means an establishment operated in a private residence or portion thereof that provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Block means a unit of land designated as a "block" on a recorded Final Plat and which contains within its boundaries a group of individually platted Lots as designated on such recorded Final Plat. Building means any permanent Structure constructed 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 Envelope means the physical boundaries within which Buildings, Structures or other above -ground improvements may be constructed on a particular Site, being a three (3) dimensional volume circumscribed by: (i) the applicable Building Setback requirements; (ii) the applicable Building Height requirements; (iii) the applicable Site Coverage requirements; and (iv) the applicable Lot Area requirements. (v) building envelopes as depicted on approved Final Plats for Lots in Planning Area K as contemplated by Section D.8(d) of this PUD Guide. Notwithstanding the foregoing, the following improvements are permitted outside of the Building Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and Dry Utilities. Building Height means the distance measured vertically from the reference elevation (defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping roof (also referred to as the parallel slope method and depicted by diagram in Section 7.08.010 of the Development Code, as in effect on the E ff etiv )ateAugust 1, 2014), but excluding from the ATTACHMENT B calculation of Building Height any non -habitable Architectural Projections. The "reference elevation" shall be: (i) within Planning Areas E I, K, RMF-1 an -1, RMF-2-2, and CH-1, the Natural Grade (ii) within the portions of Planning Areas A, and D and less than 250 feet from the southerly boundary of , —, existing gr-ade as exists on the dute of exeoutionoftw Set leme-nt Tefm Sheet —the Property, the Engineered Grade (iii) within the portions of Planning Areas A, and D and 250 feet or more from the southerly boundary of the Property, and within all other Planning Areas, the Finished Grade Building Setback means the distance from a specified Site boundary line, a creek or a stream measured horizontally to a line or location within the Site which establishes the permitted location of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks, Drive Aisles, Driveways, landscaping features and fences required pursuant to applicable Town or other governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming pools) are not restricted by the Building Setback requirements. Bus Stop means a facility for the loading and discharging of passengers by publicly or privately operated buses. Cabled Telecommunication Equipment means any equipment used to provide Cabled Telecommunication Service, but which is not affixed to or contained within a Cabled Telecommunication Facility, but is instead affixed to or mounted on an existing Building or Structure the Primary Use of which is not for the provision of Cabled Telecommunications Services. Cabled Telecommunication Equipment also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna or dish mounted on or affixed to an existing Building. Cabled Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Cabled Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Cabled Telecommunications Services. Cabled Telecommunication Service means services providing for the transmission through Dry Utilities facilities of analog or digital communications of any form and any similar services transmitted by or through fiber optic or other forms of below or above ground cabling, including but not limited to cable television, high speed data, telephony, and satellite television systems providing services to a Multi -family Dwelling, a collection of Single-family Dwellings, or a collection of Buildings within a Mixed Use Project. Child Care Center means a facility, however named or denominated (for example, day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled, dependent and/or neglected children, but specifically ATTACHMENT B excluding Family -care Homes), which is maintained, for the whole or part of a day, for the care of: (i) five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager of such facility, whether operated with or without compensation for such and with or without stated education purposes; or (ii) children under the age of six (6) years with stated education purposes which are operated in conjunction with a public, private or parochial educational facility, except for 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 care services. Commercial Parking means a surface parking lot or Parking Structure 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, non -governmental entity. Commercial Space means, as more particularly described and qualified in Section B.10 of this PUD Guide, the square footage of a Building developed for Commercial Uses. Commercial Use(s) means the following Uses: (Ed) Accommodations Units; (bii) Animal Boarding; (eiii) assisted living facility; (div) Automobile Repair Shop (Major or Minor); (e_v) bakeries; (fvi) bar and tavern; ( yii) barber and beauty shops; (hyiii) Bed and Breakfast; (}ix) beverage stores, coffee shops; (}x) Bus Stop; (lmi) business and professional offices; (Ixii) Cabled Telecommunications Equipment; (mxiii) Cabled Telecommunications Facilities; ATTACHMENT B (rtxiv) Cabled Telecommunications Services; (exv) car wash (as the Principal Use); (pxvi) Child Care Center; (gxvii) cinema; (rxviii) clinic, intermediate medical care facility, urgent care facility, rehabilitation centers and x-ray/MRI centers (i.e., out -patient services only); (sxix) clothing stores; (txx) Community Facilities; (ttxxi) commercial offices; (vxxii) Commercial Parking; (,Y xxiii) Convenience Retail; (xxxiv)department stores; (yxxv) Drive-in Uses; (i�xxvi) employment agency; (aaxxvii) Extended Stay Hotel; (bbxxviii) Family Child Care Home; (egxxix) Grocery Store; ($dxxx) Financial institutions; (ee�xxxi) fitness centers and health clubs; (f€xxxii) furniture stores; (ggxxxiii) hardware stores; (hh xxiv) Hotel, Motel and Lodge; (iixxxv) Home Occupations, Minor and Major; W xxvi) Hospitals; (kkxxxvii) independent living facility; ATTACHMENT B (4?x xviii) indoor entertainment facility; (xxxix) indoor storage; (nxl) Kennels; (eexli) laboratory; (ppxlii) landscaping and snow removal services; (ggxliii) laundromat/dry cleaning; (fFxliv) long-term care facilities and other medical facilities including, but not limited to, group and congregate care facilities, nursing homes and independent living facilities; (wxly) Medical Marijuana Businesses; (tglvi) medical and dental offices; (mtxlvii) meeting facility; (wxlviii) newspaper and commercial printing shops; (xlix) Nude Entertainment Establishments; (*l) nursery or garden supply; (yy i) Outdoor Storage; (zi�lii) pet shop (for the sale of pets, pet supplies and/or for domesticated animal grooming), (aaaliii) professional offices; (bbbliv) real estate sales offices; (eeelv) photocopy and blueprint businesses; (4ddlvi) Public Facilities; (eeelvii) Private Parking; (fflviii) Public Parking; (ggglix) Recycling Facility; (llx)Recycling Processing Facility; U-7 ATTACHMENT B (iiilxi) Religious Facility; & xii) repair shops, small electronics repair; (kkklx(iii) Restaurants; (41xiv) Retail sales, specialty and gift shops; ski tuning; bike assembly (ffffnnlxv) service and social clubs; (lxvi) Service Stations; (eeelxvii) Studios (music, dancing, photography, movie, art and broadcasting) (lxviii) tailor, seamstress, clothing alterations (qqqlxix) tattoo parlor, body piercing ( lx=)Temporally Divided Dwelling (ssslxxi) theaters; (tttlxxii) trade schools and colleges; (uutilxxiii) Transit Shelter; (N-� lxxiv) Wireless Telecommunications Equipment; (lxxv) Wireless Telecommunications Facilities; (lxxvi) Wireless Telecommunications Services; (yyylxxvii) Vacation Clubs; (�lxxviii) Uses which the Director determines to be similar. Communi . Development means the Town of Avon Department of Community Development. Community Facility means a publicly or privately owned facility, Building or Structure which is primarily intended to serve the recreational, educational, cultural administrative or entertainment needs of the community as a whole and is operated on a non-commercial, not for profit, non-profit or similar basis. Community Housing Plan means the sole and exclusive community housing requirements for The Village at Avon) PUD, as set forth in Section I.15 of this PUD Guide, which expressly supersede any additional or conflicting provisions of the Municipal Code. Community Housing Policies means the Avon Community Housing Policies 2025 adopted by_ the Town Council on April 8, 2025 via Resolution No. 25-01 in effect as of the Effective Date M ATTACHMENT B and as may be amended from time to time, so long as not in conflict with the Communi Housing Plan. Community Housing Unit means, whether for -rent or for -sale, a Dwelling Unit that is restricted pursuant to the Community Housing Plan, or as otherwise agreed to by the Town and Master Landowner, to use as a primary residence by qualified persons. Comprehensive Plan means the Comprehensive Plan, Town of Avon, Colorado, effective as of dale the Town ap„fove-4-the Original WJDEffective Date. Condominium means any group of Condominium Units developed as a unitary project within a Site on which one or more Buildings are located. Condominium Unit means an individual air space unit (as defined in C.R.S. § 38 33 10338-33-103(4)) together with the interest in the common elements (as defined in C.R.S. § 39 33 10338-33-103(3)) of the Condominium appurtenant to such unit. For purposes of Dwelling Unit calculation, only Condominium Units which are designated for Residential Use shall be counted as Dwelling Units. Convenience Retail means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday good and services, which may include, without limitation, feady to eady-to-eat food products, groceries, EAW the COtinterover-the-counter drugs and sundries. Design Covenant means the Declaration of Master Design Review Covenants For The Village (at Avon) dated May 8, 2002 and recorded on May 8, 2002 at Reception No. 795011, as amended by the First Amendment to Declaration of Master Design Review Covenants For The Village (at Avon) dated June 4, 2008 and recorded on June 10, 2008 at Reception No. 200812112 and by the Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants For The Village (at Avon) dated September 16, 2010 and recorded on September 16, 2010 at Reception No. 201018341, and as may be further amended from time to time. Design Review Guidelines means The Village (at Avon) Design Review Guidelines dated "November 16, 241-�2022, as may be further amended and/or supplemented from time to time, and as prepared, approved and promulgated by the Design Review Board and which establish the sole and exclusive architectural design, landscape design, urban design and site design standards applicable within The Village (at Avon). Design Review Board means The Village (at Avon) Design Review Board as appointed or elected in accordance with the Design Covenant. r.�r.�s.��s� ��sxs�srrssrrss!�sr�!� .. „■ ATTACHMENT B Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) concerning the Property datedaso Oeteber-22, 2013Recorded on August 1, 2014 at Reception No. 201412777, as amended from time to time. Development Bonus has the meaning given it in Section D.1(f) of this PUD Guide. Development Code means Title 7 of the Municipal Code, as amended from time to time, unless otherwise stated. Development Plan means, as referenced in Section AA(b) of this PUD Guide, collectively, (i) this PUD Guide (together with each Exhibit hereto), as may be amended from time to time; and (ii) the Development Agreement, as may be amended from time to time. Development Standards means the planning requirements and regulations governing the development of the Property as set forth in Section D, Development Standards within The Village (at Avon) PUD, and Section I, Supplemental Regulations, of this PUD Guide. Director means the Director of Community Development. Drive Aisle means the lane(s) within a parking lot or facility devoted to the passage of vehicles, as opposed to the parking stalls, and 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 connecting directly to a public or private road. Dry Utilities means, excluding Infrastructure, conduit and sleeving for, and the installations contained therein, telephone, cable, fiberoptic and similar "dry" utilities intended to be privately owned, maintained and/or operated. Duplex Dwelling means a single architecturally integrated Structure that contains two separate and independent residences intended to be occupied by two (2) families (or groups of people) living independently of one another, but does not encompass Primary/Secondary Structures. For purposes of the Dwelling Unit calculation, each residence within a Duplex Structure counts as a separate Dwelling Unit, thereby counting as two Dwelling Units per Duplex Structure. If the Site on which a Duplex Structure is constructed is subsequently subdivided into two separate Lots, each of the Lots and Dwelling Units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. Dwelling means a Building or portion thereof the occupancy of which is exclusively for Residential Use as a Single-family Dwelling, Duplex Dwelling, Multi -family Dwelling �11 ATTACHMENT B (including Condominium Units designated for Residential Use), Primary/Secondary Dwelling or Major or Minor Home Occupation. Dwelling Unit(s) means one or more rooms which is designed, occupied or intended for occupancy as separate living quarters for the excuse of a single family (or group of people) or individual independently from any other family or group of people and having not more than one (1) primary indoor kitchen (provided that secondary "kitchenettes" such as butler kitchens, catering kitchens, bar kitchens and the like shall not be deemed to be primary kitchens) and at least one (1) bathroom. Effective Date means Attgust-L� 1, 2047 2025, which is the effective date of dIL- AmendeedrndR tt Aa this PUD Guide,— and is intentionally distinguished from Original Effective Date. Engineered Grade means the elevation of the ground surface as shown in: (i) for Planning Area A, the Town -approved plan titled "Traer Creek Master Plan - PA -A" resubmitted to the Town and dated June 25, 2025, prepared by Martin/Martin Consulting Engineers; and (ii) for Planning Area D, the Town -approved plan titled "Traer Creek Planning Areas A-F Master Plan" resubmitted to the Town and dated January 18, 2022, prepared by Martin/Martin Consulting Engineers. Extended Stay Hotel means a Hotel/Motel/Lodge with Accommodation Units that have complete kitchen and bathroom facilities intended and utilized primarily for transient or semi -transient occupancy. Family Child Care Home means a facility for Child Care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home, and may include any such other types of family Child Care homes as may be designated by rules of the State Department of Social Services pursuant to C.R.S. § 26 6-10626-6-106(2)(p). Final Plat means a final subdivision plat for the Property, or any portion thereof, including any replats thereof or amendments thereto, approved by the Town pursuant to Section G of this PUD Guide and/or Section 7.16.070 of the Development Code, as applicable. Finished Grade means the final elevation of the ground surface after development. Grocery Store means a retail establishment which primarily sells food for home consumption, beverages and other convenience and household goods. Gross Square Footage 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 interior surface of joint partitions and exterior surface of outside walls. Group Home means a Structure within which a state licensed facility for the care and/or housing of developmentally disabled persons, mentally ill persons, sex offenders, parolees or similar distinct groups of individuals is undertaken. ATTACHMENT B Home Occupation, Major 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 does not qualify as a Minor Home Occupations because it: produces noise audible outside the Dwelling Unit; causes or requires customers, delivery persons, employees or any person to enter the property on or within which the Dwelling Unit is located; requires alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; requires or allows any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; and/or changes the appearance or residential character of the Structure. A Major Home Occupation Use shall be considered a Commercial Use. Home Occupation, Minor means any occupation, profession or other activity (including any activity associated with a non-profit group) that takes place entirely within a Dwelling Unit and which does not: produce noise audible outside the Dwelling Unit; cause or require customers, delivery persons, employees or any person to enter the property on or within which the Dwelling Unit is located; require alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; require or allow any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; or change the appearance or residential character of the Structure. A Minor Home Occupation shall be considered a Residential Use. 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, cafeteria and food preparation areas, training and central services facilities and staff offices. Hospitals expressly exclude Uses not incorporated into an institution providing health services primarily for human inpatient medical or surgical care, including without limitation, the following: long-term care facilities, group and congregate care facilities, nursing homes, assisted and independent living facilities, clinics, laboratory, medical and dental offices, urgent care, rehabilitation centers and x-ray/MRI centers. Hotel, Motel and Lodge means a Building, including an Extended Stay Hotel but excluding a Bed and Breakfast, containing three (3) or more Accommodation Units and which may include Accessory Use facilities such as offices, laundry facilities, recreation facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. ATTACHMENT B Industrial Use(s), Heavy or Light means: (i) with respect to Heavy Industrial Uses, those uses engaged in the basic processing and manufacturing of material or products predominately from extracted or raw materials, or a use engage in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing process that potentially involve hazardous conditions. Heavy Industrial Uses shall also mean those uses engaged in the operation, parking and maintenance of vehicles (but specifically excluding Automobile Repair Shops), cleaning of equipment or work processes involving solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminal, public works yard, container storage). (ii) with respect to Light Industrial Uses, those 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 Uses 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 Uses shall not include uses such as mining and extracting industries, petr-e eheFAi a'petro-chemical industries, rubber refining, primary metal, or related industries. Infrastructure means, excluding Dry Utilities, those man-made structures which serve the common needs of the population and are generally intended to be dedicated to, owned by and maintained by the Town, another governmental or quasi -governmental entity and/or a public utility provider, including but not limited to 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. Interim Use means a Use that is permitted on a case -by -case basis within a particular Planning Area or on a specific Site during the period prior to or during development of a Site upon an Applicant's receipt of written approval from the Design Review Board (as applicable) in accordance with Section I.1 of this PUD Guide; provided, however, that Agricultural Uses as an Interim Use shall be construed to be a Use by Right within all Planning Areas without the requirement of written approval from the Design Review Board. 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 a business. Landowner means the owner(s) of fee simple title to a Block, Lot, Tract or other parcel of real property as reflected in the official records of the Eagle County Tax Assessor. Notwithstanding any additional or conflicting provision of the Municipal Code, the definition of "Landowner" shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest, whether a ATTACHMENT B possessory or otherwise, other than fee simple ownership as reflected in the official records of the Eagle County Tax Assessors office. Landscaped Area means that portion of a Site with any combination of living plants, such as trees, shrubs, vines, groundcover, flowers, or lawns; natural features and nonliving groundcover such as rock, stone and bark; structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; and pedestrian hardscaping features such as sidewalks and plazas; but shall not include parking areas and drive lanes. Lodgingquare Footage has the meaning set forth in Section B.8(i)(i) of this PUD Guide. Lots means a parcel of real property as shown with a separate and distinct "lot" number or letter on a Final Plat. Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. Main Street means, as described and conceptually depicted in Exhibit F of this PUD Guide, the primary east -west roadway connecting Post Boulevard to Chapel Place. Manufactured Home means a Singe fa -mil Single-family Dwelling which is: partially or entirely manufactured in a factory; at least twenty feur-twenty-four (24) feet wide and thifty-sixthi -six (36) feet long; permanently affixed to and installed on an engineered permanent foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Master PD€±I e-rLandowner means EMD Limited Liability Company, a Colorado limited liability company (with respect to Planning Area I only) and Traer Creek LLC, a Colorado limited liability company (in all other respects), which entities (or any successor entities) hold roperty for investment purposes and are designated and authorized to act on behalf of all Developer- The Deav-Wp--F .4441--iAtesAffiliated Landowners. The Affiliated Landowners have designated the Master DeveloperLandowner to act on behalf of themselves and their respective successors in interest with respect to and for all purposes of this PUD Guide. The Develepef AfffiiatesAffiliated Landowners may designate a replacement Master DeveleperLandowner from time to time, or may terminate the role of the Master DeveleperLandowner, by delivery of written notice thereof to the Town and to Traer Creek Metropolitan District, its successors or assigns, which is signed by a majority of the Developef ^ f'��tesAffiliated Landowners owning any part of the Property as of the date of such notice. Any replacement Master DevelopefLandowner must be an entity that is a Developer- ^ ffili can Affiliated Landowner. The designation of a replacement Master DeveleperLandowner or termination of the role of Master Develeper- by the Developer- AffiliatesLandowner by the Affiliated Landowners shall not require an amendment to this PUD Guide and shall not require the consent of the Town. Medical Mariivana Business means the Use of a Site, or portion thereof, for the cultivation, manufacture, production, distribution, acquisition or sale of marijuana, including for Medical marijuana Centers, manufacturing of Medical Marijuana -Infused Products, or Optional Premises ATTACHMENT B as such terms are defined by C.R.S. § 12 ^3- 3 10412-43.3-104, as may be amended, regardless of whether such Use is for profit or not for profit. Minimum Design Guideline Standards means the minimum design guideline standards for The Village (at) Avon set forth in Exhibit E of this PUD Guide. Mixed Use Project means the development of a Site, Building or Structure with two or more different Uses in accordance with the Development Standards and which is designed, planned and constructed as a unified project. Mixed Use Projects may be horizontally integrated or vertically integrated, or both. Mobile Home means a Single familySingle-family Dwelling partially or entirely manufactured in a factory, built on a permanent chassis, which is designed to be transported on streets to the place where it is to be occupied as a Dwelling Unit, and is: at least *wertwenty-four (24) feet wide and thk4y M*thi -six (36) feet long; permanently affixed to and installed on an engineered permanent perimeter foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Mixed Use WojeEtmeanst evelopn�en•1� ' or-eturo with twe �`�P��� digar-ent Uses in aeeer-danee with the Development Standafds and whieh is designed, planned Multi -family Dwelling means a Building containing three or more Dwelling Units, whether such Dwelling Units are for sale or for lease (including Condominium Units designated for Residential Use). Municipal Code means the Town's Municipal Code, as amended from time to time, unless otherwise stated. Natural Grade means the elevation of the ground surface in its natural state, before man-made alterations. Nude Entertainment Establishments means establishments open for business to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments, as more particularly described in Chapter 8.26 of the Municipal Code, as in effect on the Effective Date. Off-street Parking Area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage or operation of motor vehicles, including Driveways or access ways in and to such areas, but not including any Outdoor Storage area used principally for storage of recreational vehicles, landscaping materials or 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, a ATTACHMENT B archeological or historical significance, but shall not be construed to mean vacant or undeveloped land that is zoned for development. Original Effective Date means October 13, 1998, and is intentionally distinguished from Effective Date. Original PUD Guide. The means the version of this PUD Guide originally approved by the Town on October 13, 1998 and recorded in the real property records of Eagle County, Colorado, on November 25, 1998 at Reception No. 677744, as amended by the Prior ^ mendtne„ts rip or to the Effective Date pursuant to certain instruments filed of record, through and including: (i) The Village at Avon) Second Amended and Restated PUD Guides dated September 11, 2018, and recorded in the real property records of Eagle County, Colorado, on October 10, 2018, at Reception No. 201817341; and (ii) The Village (at Avon) PUD Master Plan Administrative Amendment No. 2, dated March 11, 2024, and recorded in the real property records of Eagle County, Colorado, on March 13, 2024, at Reception No. 202402669. Outdoor Storage means the storage of any equipment, good, junk material, merchandise or vehicles in the same place for more than twenty fouftwenty-four (24) hours in any area other than within a roofed Structure. Parking Regulations means, as set forth in Exhibit C to this PUD Guide, the sole and exclusive Development Standards regulating parking within The Village (at Avon) PUD, which expressly supersede any additional or conflicting provisions of the Municipal Code (including but not limited to the parking standards set forth in Chapter 7.28 of the Development Code, including without limitation, any additional or conflicting such provisions. Parking Structure(s) means an above ground or below ground Structure of one or more levels containing Drive Aisles and parking stalls, which may be a stand-alone Structure or be integrated into or within a Structure as an Accessory Use or Accessory Structure, and which may provide Commercial Parking, Public Parking or Private Parking. Planning and Zoning Commission means the Town's Planning and Zoning Commission. Planning Area means an area indicated as a planning area on the PUD Master Plan, the Use and development of which shall be regulated by and be undertaken in accordance with the Development Plan. Planning Department means the Town's Planning Department. Preliminary En ing eering means the following submittals in connection with certain future street improvements within The Village at (Avon) as described in Section AA(g) of the PUD Guide: utilities locations (excluding utility sizing), preliminary drainage report, preliminary grading plan and street cross sections, including transitions between any different cross sections. Preliminary Plan means a preliminary subdivision plat for the Property, or any portion thereof, approved by the Town pursuant to Section G of this PUD Guide and/or Section 7.16.070 of the Development Code, as applicable. ATTACHMENT B Primary/Secondary Structure means a structure that consists of two Dwelling Units within a single fee simple estate: one primary unit (containing the Principal Use) and one secondary unit (i.e, a "mother-in-law suite," carriage house or caretaker's quarters). The primary unit must be a Single fan+ilySingle-family Dwelling. Within all Planning Areas, the secondary unit can be no more than 25% of the floor area of the primary unit. The secondary structure may attached to or detached from the primary unit; provided that the two units cannot be subdivided or separately conveyed or transferred in ownership and the secondary unit may not be leased or subject to a leasehold interest separate from the primary unit. The Residential Use of the Secondary Structure shall be construed to be an Accessory Use to the Principal Use of the Primary Structure. For all purposes under this PUD Guide, the primary unit and secondary unit, whether attached or detached, shall be counted as two Dwelling Units. Principal Use means the primary or main Use of a Site or Structure as distinguished from a subordinate or Accessory Use. Prior- Amendments has the meaning set fefth in Seetion A.2(b) of this PUD Guide. Private Parking means a surface parking lot or Parking Structure that provides accessory parking to a specific Building or Use, is available for parking by the owners, tenants and/or customers of the Building or Use, may include reserved parking spaces, and which is owned by a private, non -governmental entity such as an owners association. Prohibited Use means a Use which is not permitted within a particular Planning Area, as distinguished from a Use by Right, a Special Review Use, a Temporary Use or an Interim Use. Pro e means the real property commonly known as The Village (at Avon) PUD, the boundaries of which are legally described in Exhibit A to this PUD Guide. Property Line means the boundary of any Lot, Block, Tract, Site or other parcel of land as the same is described in the pertinent Final Plat or instrument of conveyance to the Landowner, as applicable. Public Improvement(s) means any drainage ditch, storm water improvement, potable water line, sanitary sewer line, similar utility extension, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped Open Space, Off-street Parking area, Lot improvement or similar facility or improvement which benefits the public, is required by the Town to be provided by or on behalf of the Applicant and assurance of completion to be provided as a condition of any development approval, and is documented in a Public Improvements Agreement. Public Improvements may include and generally will be comprised of Infrastructure and/or Dry Utilities, but may include types of improvements other than Infrastructure and Dry Utilities or exclude certain types of improvements that are Infrastructure or Dry Utilities. Public Improvements Agreement means an agreement to be entered into between the Town and the parry responsible for constructing public infrastructure in connection with the applicable Application as contemplated by Section 7.32.100 of the Development Code. Public Improvement Company means, collectively, The Village (at Avon) Commercial Public Improvement Company and The Village (at Avon) Mixed -Use Public Improvement Company, m ATTACHMENT B which the Master Develepe-rLandowner has created in accordance with and for the purposes stated in the Development Agreement. Public Facility(ies) means constructed facilities that are owned by the Town, a District or another governmental or quasi -governmental entity, 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 services systems or facilities; electric, gas, telecommunications utilities or facilities; and other publicly owned buildings or facilities. Public Parking means a surface parking lot or Parking Structure that is available for parking by the general public and which is owned by the Town, a quasi -governmental entity (specifically including Traer Creek Metropolitan District and Village Metropolitan District and any other quasi -governmental entity or urban renewal authority approved by the Town after the Effective Date and having all or any part of its boundaries or service area located within The Village (at Avon)). PUD Guide means this The Village (at Avon) SeeendThird Amended and Restated PUD Guide dated Septembef 11 10181 , 20251, and all exhibits attached hereto. PUD Master Plan means The Village (at Avon) P.U.D. Master Plan attached hereto as Exhibit B and incorporated herein. The PUD Master Plan depicts, among other things, Planning Areas and permanent, temporary and conceptual road alignments for the development of The Village (at Avon). Recycling Facility means a facility, which may be either contained and conducted within a Structure or conducted outside of a Structure so long as all materials are stored within an enclosed container, for the collection and temporary storage (prior to relocating to a Recycling Processing Center) of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes. Recycling Processing Center means a facility in which recycling materials received from a Recycling Facility or from other sources are processed for subsequent use or distribution. Religious Facility means a Building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious worship or other services or meetings of the occupants of such structure, including churches, synagogues, mosques or the like, but excluding any Buildings used for commercial endeavors. Remaining Community Housing Units has the meaning given it in Section I.15(a) of this PUD Guide. Reauired Street Connections has the meaniniz given it in Section G.5(b) of this PUD Guide. Residential Use means the Use of a Building (or applicable portion thereof) for purposes of a Single-family Dwelling, Duplex Dwelling, Multi -family Dwelling, Community Housing Unit, Minor or Major Home Occupation (portion of the Building not used for Commercial or Industrial Uses), Primary/Secondary Structure or Group Home. �3 ATTACHMENT B Restaurant(s) means an establishment engaged in the Use or Accessory Use of a building or structure for 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 includes the following characteristics: (i) With respect to "drive -through" Restaurants, allows 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. (ii) With respect to "fast food" Restaurants: (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 Design Review Board review and approval of Site -internal traffic patterns, Site -internal vehicle stacking areas, and entrance and exit locations. (iii) With respect to "standard" Restaurants, which may but are not required to include as an Accessory Use the on -premises production of fermented (alcoholic) malt beverages and/or malt, special malt or vinous and spirituous liquors: (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; and/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. Service Station(s) means a facility equipped for the sale of gasoline, diesel, electricity or other forms of fuel for motorized vehicles, and which may but is not required to include as an Accessory Use Convenience Retail, fast food Restaurants, drive -through Restaurants, and/or automated or self car washes. Short Term Rental(s), pursuant to Section 3.29.020 of the Municipal Code, in effect as of the Effective Date, means any room or rooms, apartment, condominium, boardinghouse, hotel room, gLaesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other am, ATTACHMENT B consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any unit classified as commercial property by the Eagle County Assessor. For the purposes of this PUD Guide, Short Term Rental(s) may only be operated in an existing- Dwelling(s) otherwise permitted in the applicable Planning Area, subject to compliance with applicable Town licensing and related regulatory requirements. Accommodations Unit(s) may not be used as Short Term Rental(s). The operation or non -operation of a Building, Dwelling, Dwelling Unit, or any portion thereof, as a Short Term Rental will not affect the classification of such Building, Dwelling, or Dwelling Unit's otherwise applicable Use Category under this PUD Guide. Single-family Dwelling means a Building designed exclusively for occupancy by one (1) family (or individual or group of individuals living independently as a unit), but expressly excluding a Mobile Home. Site means a specifically described area of land which is the subject of a development Application, and which may a Lot, an aggregation of Lots within a Mixed Use Project or any other form of designation or combination of designations of specifically described areas of land that are otherwise eligible to be developed under the terms of this PUD Guide and applicable law. Site Coverage means the ratio, expressed as a percentage, of the area of a Site which is rendered impermeable by Buildings compared to the Lot Area (or in the case of an assemblage of Lots, the gross area contained with the entire Site). Special Review Use means a Use or Uses permitted to be developed or conducted within The Village (at Avon) PUD only upon further Town review and approval of such Use in accordance with and subject to compliance with the terms and conditions of Section E of this PUD Guide. Any such Special Review Uses are further subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and issuance of a building permit in accordance with Section AA(h) above and any applicable Town use permit or business permit in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. Sto ies means a space in a Building between two adjacent floors or between a floor and an adjacent roof, excluding vaulted spaces with or without a floor, outdoor area, rooftop patios/decks and similar spaces, and excluding any Story which has a ceiling height that is less than 6 feet above Finished Grade (e.g., basements, garden level basements and underground parking garages). Where grades are necessary to be lowered to allow for vehicular parking garage access or pedestrian access into a Story which has a ceiling height that is less than 6 feet above Finished Grade, Finished Grade shall be assumed at a level as if these accesses did not exist (e.g., Finished Grade level on either side of the access). 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. i ATTACHMENT B Subdivision Regulations means Section 7.16.070 of the Development Code, as modified and/or superseded by the provisions of Section G of this PUD Guide. Supplemental Hotel Design Standards has the meaning given it in Section 1.9 of this PUD Guide. The Villaee (at A-ven)-PUD means the zone distfiet a-uther-ized for- the Pr-epefty by the Town, an' l o edifie.l by the Development Plan-. Temporally Divided Dwelling means any Dwelling with respect to which more than four (4) persons (or entities), whether by fee interest, leasehold or contractual right, are entitled to the use, occupancy or possession of such Dwelling 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. Temporally Divided Dwelling includes but is not limited to a timeshare estate as defined in C.R.S. § 34 33 11038-33-110, any form of interval ownership, any form of fractional fee ownership, and any form of vacation club or similar venture. For purposes of this definition, the Use of the Dwelling rather than the form of ownership of the Dwelling (i.e., whether owned in fee by a single owner, a corporate entity engaged in the business of providing services to those entitled to the use, occupancy or possession of a Temporally Divided Dwelling, or similar forms of ownership) shall be determinative of whether a Dwelling is a Temporally Divide Dwelling; provided, however that ownership of an interest in joint tenancy by two (2) persons shall be considered one (1) person. Temporary Use means any Use that is not classified as a Permitted Use, Special Review Use or Interim Use with respect to the applicable Planning Area, and which is permitted in accordance with Section 7.24.080 of the Development Code (Temporary Uses and Structures). The Village (at Avon) PUD means the zone district authorized for the Property by the Town, and which constitutes the sole and exclusive zoning regulations applicable within the Property and expressly supersedes any additional or conflicting provisions of the Municipal Code, as superseded or modified by the Development Plan. Town means the Town of Avon, a municipal corporation of the State of Colorado. Town Council means the Town Council of the Town. Tract means a parcel of real property as shown with a separate and distinct "tract" number or letter on a Final Plat. Transit Shelter means a Structure which provides protection from the weather to persons who are waiting to board a publicly or privately operated bus or other form of mass transit. Transportation Master Plan. The Transportation Master Plan adopted by the Town, as may be amended from time to time. ATTACHMENT B Uses means the primary or principal purpose for which land or a building or structure is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Use(s)by Right means a Use or Uses permitted to be developed or conducted within The Village (at Avon) PUD without the requirement of further Town review or approval, subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and with respect to which a building permit shall be issued in accordance with Section AA(h) of this PUD Guide and/or any applicable Town use permit or business permit in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. Use Category means one of the following general categories of Use that may be permitted within The Village (at Avon) on a Planning Area by Planning Area basis: (i) Residential Uses. (ii) Commercial Uses. (iii) Industrial Uses. (iv) Interim Uses. (v) Mixed Use Projects. (vi) Public Facilities. Vacation Club means a corporate entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a Temporally Divided Dwelling which Dwelling it makes available to its members and/or guests of its members for their accommodation on a periodic basis in consideration of such members' interest or membership in the entity. Vested Property Right(s) has the meaning set forth in Section 2.4 of the Development Agreement. Vested Property Rights Regulations means Section 7.16.140 of the Development Code, as modified by this PUD Guide. Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado Revised Statutes as in effect on October 13, 1998. Wildlife Mitigation Plan means, as set forth in Exhibit D to this PUD Guide, the sole and exclusive Development Standards for wildlife mitigation measures applicable within The Village (at Avon) PUD, and which expressly supersedes any additional or conflicting provisions of the Municipal Code. 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 ATTACHMENT B Structure the Primary Use of which is not for the provision of Wireless Telecommunications Services. 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 other Structure used to provide only Wireless Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Wireless Telecommunications 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, persona communication services, cellular telephone service and any similar services provided by means other than Cabled Telecommunication Services. ATTACHMENT B Mr qW. Zr E­ mpop NOW ........... — - 04 is eFea4ed by a lien, meFtgage, deed of tfust oF any othef seetwity instmment; (2-) is er-eated by any interest in an investment entity; (-3,) Creates eeffletel=y lots; (4) Gfeates an intefest of intefests ift oil, -hip of real pr-opei4y; is by the ifitefest in !and in the husband (5) efeated aequisition of an name of a a -rid wife Of oth Pefsefis in joint teflafley or- as tenants in eommon of sueh intefest. For- the pufpose of this , -rest in eommon owned in joint tenaney shall be eensider-ed a single interest; Rpr ffm !fmprP.mFr. I:RSrI.rP. . Y.fIT7 - - (o Majef Subdivision. Majof subdivisions inelude all subdivisions whieh would efeate fouf (24 Minor- Subdivision. Minor- inelude less subdivisions all subdivisions whieh would or-eate than few (4) separate par -eels of land, subdivisions whieh do n propose publie ameffts, subdivisions �A�eh eonsolidate iwo (2) or- more lots in4o a Single lot in a pFevious4y- fe.e�_Avded s4division plat a -ad shall -not inelude subdivisions subdivisions whieh move any lot lifies whieh are administfative subdivisions. by mor-e Omn �wo (2) feet; btA Condominiums and timeshafe, Exhibit I- pue I 2985509.10 ATTACHMENT B III W. WAN WAR~ .. .. . �. (4) Review AuthoFity. The review auther-ity for- a subdivision applieation shall be detefmined by (o Majef Subdivision. Major- subdivisions shall be required to obtain appr-E)Val fOr- a pr-eliminafy plan and for- a final plat. The PZG shall r-&view a pr-elifninafy plan for- a major - subdivision appliemion a -ad shall pr-ovide a r-eeommendation to t4e Town Couneil after- eendueting a publie hearing. The Town Gotineil shall r-ender the final de i i eliminafy -plan for- a major - subdivision applieation after- eandueting a publie heafing. The. Twovii C�eumqeil shall r-eview the fiffal plat for- majef subdivision appheations and r-ender- a final deeision aftef eendueting a publie hearing. — The pr-eliffiinai-y plan and gnal pla4 for- major- subdivisions shall be appr-oved by r-eseltition or- or-dinanee of the Town Gotineil. (2-) Minef Subdivision. Minof final subdivisions shall fequife plat feview and appfoval Only to > howevef, final in to the fof final The apply feview of minof Town Gotineil subdivision plats the final deeision addition fe-view er-iter-ia a plat. - shall rendef on a fainof stibdivision appheation after- eendueting a- GotmeiL ra .. :�etss�r e!r.�.f ::etsstsr ..!�..!�� ...... ........ ....... Exhibit I- Pa�e 2 2985509.10 ATTACHMENT B (34 The subdivision applieation shall be eonsistent with the Aven Gempfehensive Plan and other- eommtmit-y planning deetiments; disposal, ♦ � 11 � ... . .. . . . ....... MI ...... . ...... \'v/ ' if OtheF methods of sewage disposal are proposed, ade"ate evidenee that stteh system shall eomply with state and legal laws and . „latiO s• all •v.W• Exhibit I- Pne 3 2985509.10 ATTACHMENT B f4-5} spaees and other publie and commen faeflities in the subdivision and that the Town ean afford an�- oTown; the law and afe str-uetur-ed to pr-ovide adequate assur-anee that any site design standafds fequir-ed b�- this Development Gode or eonditions of approval fof the proposed subdivision will be maintained of- 0 whieh is enfefeeable by the Town; 474 As applieable, the proposed phasing for dewlopment of the subdivision is rational in ter-ffls s 0) The Town Engineer- shall eompafe- the legal deser-iption of the subjee! pr-opefty with the County reeords to detefmiRe that.: �I ....�fr r nrrsrseee!ze!�f . 40 The lots and par -eels have deser-iptions that both elose and eentain the area indieated; yeas*ss��esea�ee�e...... The final plat eomplies with all appheable teehnieal standafds adopted by the Town; and (6) ~~uteri�ew@re-leetr-ie, g and role,..,,~ atinio do faeil;r;os • --eee�_•a�ree!�e�es�.��as�s�sse.�us srsse!��esze!e!eaal�mom1� 1111r:rs Exhibit I - Page 4 2985509. 10 srsse!��esze!e!eaal�mom1� 1111r:rs Exhibit I - Page 4 2985509. 10 ATTACHMENT B rea �:.:n:•.�ee�er= . r_s:.:e!�rrj�!�se��r>s:�.•�s. Exhibit I - Page 5 2985509.10 ATTACHMENT B Summary report: Litera Compare for Word 11.9.1.1 Document comparison done on 10/24/2025 2:30:03 PM Style name: Default Style Intelligent Table Comparison: Active Original DMS: iw://ottenjohnson.cloudimanage.com/DOCS/1650530/6 Modified DMS: iw://ottenjohnson.cloudimanage.com/DOCS/2985509/10 Changes: Add 774 Delete- 684 "gym 76 Move To 76 Table Insert 1 Table Delete 3 Table moves to 0 Table ,„ es � 0 Embedded Graphics Visio, ChemDraw, Images etc. 21 Embedded Excel 0 Fonnat changes 0 Total Changes: 1635 ATTACHMENT C - ENGINEERED GRADE NO � COOT - ZD-DD Q u d c G EAST BEAVER CREEK BLVDUMS CREBCENT HILL ROAD - I .i a g II I 3 +DD � �a2 PARCEL 10 ��TseC S 7500 «DD w0 j I PARCEL 15 X—SECTION I 1 , I 3D+Do RE:SHEET C201 PARCEL'2 7ss°� PARCEL 3 --- 41 I � I zs+o0 7 79,50 698 ,>9p X—SECTION 2, RE:SHEET C201 \ I B+DD X—SECTION 3, RE:SHEET C20 I y H+00 700 PARCEL 4 �� o I 15+DO >so0�2 CHAPEL PLACE - F CHAPEL PLACE 38+00 } $c s.T9 Q 14+00 'SPo I 7p80 LU Z -O0 n 7we PLANNING AREA A N U Q K p I I ° 4 25+00 PLANNING AREA D Of d _ HU W a/ C PARCEL9 PARCEL8 C59IN,i1 PARCEL 7 00+ r \ PARCEL 5 W o 7a7° I i i PARCEL 6 1 I n cQc I I I 35�DD+ g f w Em -EAST pEAVER CREEK BLVD.�_. a - jo Do RIO GRgNOEWESTERN RAILROAD (ICp'ROWJ TFFF =_ -'Y- — — - � LEGEND oEx/sRNc PROPOSED - m PROPERTY LINE ---- --- PICHT-CF-WAY LINE ROA— CENTERLINE i — EASEMENT n CURB &GUTTER ORNE DESCRIPTIONS DRNE m — CONTOURS 5)54 Jillis �89 1 GLL811 2- �BE KINASSUMED ER DU ND MEMBER OL EE LIRFOR bm8s a is Sheet NumbMA`FNITATNer , NO RESPONSIBILITY UTILITY LOCAL 0RWISE NOTED, mE u OmE SBASED o o THIS DRAWING ARE ON INFORMATION PROVIDED BY OTHERS AND DEPICTED O AS O COL QUALITY LEVEL D. STATUTE ACCORDANCE RESPONSIBILITY TO CALL C is THE PROVISIONS OF TLE CONTRACTORS SPONSIDO REVISED —CO TITLE 9. 11 UTILITY LOCATE SERVICE FOR UTILITY LOCATES BEFORE DIGGING, I-� 0 0 L Q AND 9C 40 SCALE "=80'60 LOCATION FIELD VERIFY THE SIZE, MATERIAL. HORIZONTAL AND VERTICAL OF ALL EXISTING UTILITIES (DEPICTED OR NOT DEPICTED) PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION. ATTACHMENT C - ENGINEERED GRADE LEGEND zs EXISTING PROPOSED � z ` =a'i�-- ---- a PROPERLY LINE cc >(,\\\\�ru �,�\\ `\ .- ----- RICH OF WAY LINE ----- C W SECTON LINE Z X. SECTION ----- EASEMENT — — — — — z; 1ti+. \��� FG - MASTER PLAN A.�o � \ \ �RETANING WALL o \o\ \\ RE SHEET C201 \\\�-W\� kk 1('. CURB &GUIIER ki \��\�\ �\ \\� ` ----- 5>50---- CONTOURS 5'/50 ¢ X—SLCI ION: Lx FG — MASTER PLAN -----sr STQRM SEv+ER e D �+ A A 2, RESFIFET C201 ® STORM MR O �\ ELT{ l PROF. TER W LL E, m \ lam^ P4ANNIN AA '�` Y� t i i-----Ro----- ROOF GRAN �C I _� III /� !>xp > s 0 ERS RESIGN X-SECTION: < —SE END SECTION 1. - T IRRIGATION PIE J \\ >. FG - MASTER PLAN m slcN t ). CHAPEL PL _ % w/ ^t 1 �, 3 RE SHEET C201 - GRADING ARROW O DECDUOUO TREE o sp X-SECTION: EVERGREEN TREE >S,o 0 O >scp �� \ \ - FG - MASTER PLAN o WEST POND RE SHEET .� 1 `� x\ z°m - 1 EuSH/OHRUB v. caaD Porn HAs exr . s+Po a��p „p - - ° �S, RE:SHEET C201 z Y o / 6EEN GRADED AND ` \ v \ p Po' _ h o VOLUME IS NOT U3 �• \�\�, ��.. AREA 76 ORNE DESCRIPTIONS DRIVE REFLECIIED IN LARTHWOAI{ _ 1Z R l 0 Z t� + SPOT ELEVATIONS Cj � r Op �o .R 3} 61D Ors Z 1 v h _ � 76JO D\ • PROPERY> -- p5 \� - �. ` N IS, xe 7 1 7� \ O+p ST + \\\ z a 747 ly, vE` .y LNE Ik\> x \ `Jt /\(LLI 7iT0 pO.\\- Y < w O .� _../� ,\• ,..` �''a.PaF\ .-O Y+pp - �Ae° - 7 ''\' 'sa `A" — TRO9J A'o BOALU �o 1 °o NNGA„� v\v TIO PE 1G a \ - \ >650 \ LlJ LL R.I. ,'- PLANNING AREAA w/2s EASEMENT zzu_;v - J o - - �^��` EABT POND Res 'EST C 00 0 0 > �: o J �O� O HAS NOT BEEN GRADED AND �:-� xS - NoaTN ROAD.Q 1 R VOW EARTHWORK QWWi TIED 3p+ �\ HEFT > O \ \ - 7s%°7e°78o \W LQ 7890 7590 iffi - < Lu r 2 - ��•\ DRAINAGE \y IMiXzwc PLANNING AREA — RESHEET C4oO 77\\ `A._ p eLION _ 00 RE: NE7 RHEFF ?y�P T� A1`1�4vSIF �'`-^ FBI TIP y� IXSIING LIE TYP Dl - S O \ > x A^ LINE i �' ��l pp• � POND 5 ( � ! A� 2 T \ / <� t—�<��\lL �� xO Op > °p •�, i—i r.. ��\ if�� � 'p' E � P/EDMONr APAR7MEN7$ i / A' H. \ 1 V ` TjMM . ��� � �_ _ I I ir= j v atev I :4V��t•- +I1�1 �_ E`f 0 • • . • EBo - N CALL 811 1-BUSINESS DAYS IN ADVANCE a II>I�,■■■■ MARKING OF BEFORE YOV DIG. GRADE OMEMBER UTILTIES R EXCAVATE FOR MARTIN/MA TIN ASSUMES 10 ✓, WITH TITHE ARE PROMOS IGE OFO COLD ADODREVICEDON POITATUNTE,A TITLE RANGE Sheet Number', IT IS THE CONTRACTORS RESPONSIBILITY TO CALL COLORADO E11 C200 III UTILITY LOCATE SERVICE FOR UTILITY LOCATES BEFORE DIGGING, 150 IS 0 i5O 300 A SIZE, M L, HORIZONTAL AN SOALE GHNG ESIA(DE PICTE➢ OR NOt DEPICTED) _ WCATPRIORF TO THEXICOMMENCEMENT OF ANY CONBTRUCTION. ATTACHMENT D FIRST AMENDMENT TO CONSOLIDATED, AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE VILLAGE (AT AVON) This FIRST AMENDMENT TO CONSOLIDATED, AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE VILLAGE (AT AVON) (this "First Amendment") is made as of [ , 20251 ("First Amendment Execution Date"), by and among the Town, TCMD, and Master Landowner. RECITALS This First Amendment is made with reference to the following facts: A. The Town, TCMD, and Master Landowner are parties to that certain Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) Recorded on August 1, 2014 at Reception No. 201412777 (the "CARADA" and, together with and as amended by this First Amendment, the "Development Agreement") which, among other things, creates vested property rights for the real property generally known as The Village (at Avon), and more particularly described and updated to reflect the Recording of various subdivision plats subsequent to the Execution Date of the Development Agreement and attached as Exhibit A to this First Amendment. B. Initially capitalized words and phrases used but not defined in this First Amendment have the meanings set forth in Exhibit F of the CARADA, which definitions are incorporated in this First Amendment. C. Pursuant to Sections 1.5 and 1.5(a) of the CARADA, the CARADA may be amended only in writing by the Town, TCMD, EMD, TCLLC (EMD and TCLLC being the Master Landowner as defined in this First Amendment) "and those additional parties, if any, to whom TCLLC or EMD has specifically granted, in writing, the power to enter into such amendments." TCLLC and EMD have not granted the power to enter into amendments to any entity. D. Section 1.5 of the CARADA further provides that amendments to the CARADA require the written consent of the Limited Parties, VMD, and BNP in limited circumstances. Neither the circumstances requiring consent of the Limited Parties set forth in Section 1.5(b) of the CARADA nor the circumstances requiring the consent of VMD set forth in Section 1.5(c) of the CARADA apply to this First Amendment. The 2014 Reissue Documents were subsequently refinanced such that BNP is no longer an Intended Beneficiary and BNP's written consent to an amendment to the CARADA is no longer required pursuant to Section 1.5(d) of the CARADA (and, pursuant to this First Amendment, BNP's consent will not be required for any future amendment to the Development Agreement). E. Pursuant to Ordinance No. [ ], Town Council approved the PUD Guide, which incorporates the PUD Master Plan, to implement certain amendments to the previously in effect versions concerning, among other matters, Planning Areas C, D, E, I, J, K, RMF-1, CH-1 and CH-2, the Community Housing Plan (as defined in the PUD Guide), applicable requirements and criteria pertaining to the maximum number of Dwelling Units (as defined in the 4199881.6 ATTACHMENT D PUD Guide) that can be constructed on a cul-de-sac, and certain matters with respect to the operation of Short Term Rentals (as defined in the PUD Guide). F. In connection with the PUD Guide and PUD Master Plan approvals, the Town, TCMD, and Master Landowner wish to amend the CARADA to, among other things, modify certain provisions to conform with such amendments to the PUD Guide and PUD Master Plan and to extend the Vesting Term in accordance with the terms and conditions of this First Amendment. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this First Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. Incorporation of Recitals. The Recitals are incorporated into and made substantive provisions of this First Amendment. II. Amendments. Pursuant to this First Amendment, the CARADA is amended and restated, and the Development Agreement incorporates such amended and restated provisions to read, as follows: (A) Master Landowner. All references to "Master Developer" are deleted and replaced with a corresponding reference to "Master Landowner." (B) Affiliated Landowner(s). All references to "Developer Affiliate(s)" are deleted and replaced with a corresponding reference to "Affiliated Landowner(s)." (C) BNP. All references to "BNP" are deleted. (D) Section 1.4(a) Vesting Term. Section 1.4(a) is amended and restated to read in its entirety as follows: (a) Vesting Term. Due to the size and phasing of the Project, the potential for development of the Project to be affected by economic and financial cycles, the effect of national and statewide markets with regard to retailers, accommodations industry and builders, and the limitation of absorption rates by the local market conditions, the Vesting Term is comprised of the Primary Vesting Term and the Mountainside Vesting Term, as follows: (i) Primary Vesting Term. The initial term of the Vested Property Rights for the Project and the Property shall continue through and include October 20, 2039 ("Primary Vesting Term"). (ii) Mountainside Vesting Term. Notwithstanding expiration of the Primary Vesting Term with respect to other areas within the Project, the term of the Vested Property Rights for Planning Areas K, RMF-I, and Block 3 shall continue through and include October 20, 2059 ("Mountainside Vesting Term"). 2 4199881.6 ATTACHMENT D (iii) Expiration of Vesting Term. If the Term expires prior to expiration of the Vesting Term, the Vesting Term shall continue in full force and effect and shall survive expiration of the Term in accordance with and subject to the terms, conditions and limitations set forth in this Agreement. The Vested Property Rights shall be deemed terminated and of no further force or effect on, with respect to the Primary Vesting Term, October 21, 2039, and, with respect to the Mountainside Vesting Term, on October 21, 2059; provided, however, that such termination shall not affect: (A) annexation of the Property to the Town; (B) any common-law vested rights obtained prior to such termination; (C) any right arising from Town building permits, development approvals or other zoning entitlements for the Property or the Project which were granted or approved prior to expiration of such Vesting Term; or, (D) any obligation of a Party under this Development Agreement that has not been fully performed as of the date on which such Vesting Term expires. (E) Section 2.4 Vesting of Property Rights. The introductory paragraph of Section 2.4 is amended and restated in its entirety to read as follows (the remaining provisions under Section 2.4 being unaffected hereby): 2.4 Vesting of Property Rights. This Development Agreement ratifies the Vested Property Rights established by the Original Agreement and the Original PUD Guide (as subsequently extended) and, as described in Section 1.4(a), extends the term of such Vested Property Rights (including with respect to future amendments to any such Approved SSDP) through and including October 20, 2039, for the Primary Vesting Term, and October 20, 2059, for the Mountainside Vesting Term. (F) Section 2.4(f) Vesting of Property Rights. Section 2.4(f) is amended and restated to read in its entirety as follows: (f) Notwithstanding any additional or contrary provision of the Municipal Code (as in effect from time to time), and notwithstanding any prior expiration of the Term, the Vesting Term with respect to the Development Plan and other Approved SSDPs (if any) shall not expire, be deemed forfeited, or otherwise limited or impaired prior to October 21, 2039, for the Primary Vesting Term, and October 21, 2059, for the Mountainside Vesting Term. For the avoidance of doubt and notwithstanding any contrary provision of the Municipal Code (as in effect time to time), the scope of Vested Property Rights established by the Development Plan specifically includes the right that all amendments to the Development Plan or other Approved SSDPs (if any) approved by the Town shall be and remain vested through and including the last day of the Vesting Term, and includes the right to retain and enjoy the remaining period of the Vesting Term for any amendment to the Development Plan or other Approved SSDPs (if any). Accordingly, during the Vesting Term (and notwithstanding any prior expiration of the Term) Town Council (or other final decision -maker of the Town) shall not condition approval of any future amendment to the Development Plan or other Approved SSDPs (if any) on, nor shall Town Council 4199881.6 ATTACHMENT D (or other final decision -maker of the Town) make any such approval subject to the Applicant's, Landowner's or Master Landowner's consent to, a reduction of the then -remaining Vesting Term. (F) Section 2.6 Compliance with General Regulations. Section 2.6 is amended and restated to read in its entirety as follows: 2.6 Compliance with General Regulations. Except as otherwise provided in the Development Plan, including, but not limited to provisions relating to cul-de-sac standards, the establishment of Vested Property Rights under this Development Agreement shall not preclude the application on a uniform and non-discriminatory basis of Town ordinances and regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code (as in effect on the Original Effective Date or as amended from time to time), and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations existed on the Original Effective Date or may be enacted or amended after the Effective Date; provided, however, that Town ordinances and regulations newly enacted or amended after the Original Effective Date shall not directly or indirectly have the effect of adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any Landowner's Vested Property Rights. No Landowner shall be deemed to have waived its right to oppose the enactment or amendment of any such ordinances and regulations. (G) Section 3.3(a)(i) Cul-De-Sacs. A new Section 3.3(a)(i) is inserted to read in its entirety as follows: (i) Cul-De-Sacs. Cul-de-sacs may be developed in accordance with the standards set forth in the PUD Guide. Any provision in Title 15 or elsewhere in the Municipal Code that conflicts with the provisions of the PUD Guide regarding the maximum number of Dwelling Units (as defined in the PUD Guide) that can be constructed on a cul-de-sac shall not apply to the Project. (H) Section 3.7(e) Community Housing Dedication. Anew Section 3.7(e) is inserted to read in its entirety as follows: (e) Community Housing Dedications. Pursuant and subject to the PUD Guide, and as depicted in the PUD Master Plan, Master Landowner has caused the Dedication to the Town and the Town has acquired title to and granted Final Acceptance of the land within Planning Areas CH-1 and CH-2 for the Town's intended use of such parcels as Community Housing Units to be owned, operated and managed by the Town. Master Landowner consents to the Town's use of the land in Planning Areas CH-1 and CH-2 in accordance with the terms, conditions, requirements and restrictions set forth in the PUD Guide and this Section 3.7(e). (i) Planning Area CH-1. Planning Area CH-1 consists of. (1) Lot 8, Third Amended Final Plat, Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1, Recorded at Reception No. 2019013092, being an approximately 0.51-acre Site which previously was within Planning Area D; and (2) a portion of Lot 3, Second Amended Final Plat, Amended Final Plat, The Village (at Avon) Filing 1, A 4 4199881.6 ATTACHMENT D Resubdivision of Lot 1, Recorded at Reception No. 201412782, which Lot 3 was the 3.536-acre Site designated as Planning Area E and comprised that part of the School Site Dedication described in Section 3.7(a)(i)(A). The inclusion of that portion of Lot 3 described in the foregoing clause (2) shall not be construed as negating full satisfaction of the School Site Dedication described in Section 3.7(a)(i)(A) nor shall it be construed as increasing or otherwise modifying that portion of the School Site Dedication described in Section 3.7(a)(i)(B). The use restriction described in Section 3.7(a)(i)(A) shall not apply to the land within Planning Area CH-1, which land shall be subject to the restriction that it be used for the Town's intended development of Community Housing Units to be owned, operated and managed by the Town in accordance with the terms, conditions, requirements and restrictions set forth in the PUD Guide and this Section 3.7(e). Following the First Amendment Effective Date, Traer Creek Holdings No. 1 LLC shall convey Lot 8, Third Amended Final Plat, Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1, Recorded at Reception No. 2019013092 to the Town by special warranty deed, in the form attached as Exhibit B to this Development Agreement. Such special warranty deed shall contain the use restriction contemplated by this Section 3.7(e)(i). (ii) Planning Area CH-2. Master Landowner previously caused conveyance of Lot 5, Final Plat, The Village (at Avon) Filing 1 to the Town, being an approximately 4.03-acre Site which previously comprised Planning Area PF-1 and was Dedicated to and granted Final Acceptance by the Town in satisfaction of the Public Works Dedication (as defined in the Original Agreement) obligation pursuant to Section 4.3 of the Original Agreement. The designation of Lot 5 as Planning Area CH-2 and the Town's use thereof for development of Community Housing Units to be owned, operated and managed by the Town shall not be construed as negating full satisfaction of the Public Works Dedication obligation described in Section 4.3 of the Original Agreement nor shall it be construed as requiring any further land Dedications in satisfaction of the Public Works Dedication obligation. Said Lot 5 shall be subject to the restriction that it be used for the Town's intended development of Community Housing Units to be owned, operated and managed by the Town in accordance with the terms, conditions, requirements and restrictions set forth in the PUD Guide and this Section 3.7(e). (I) Section 8.12 Notices. Section 8.12 is amended and restated to read in its entirety as follows: 8.12 Notices. All approvals, consents, notices, objections, and other communications (a "Notice" and, collectively, "Notices") under this Development Agreement shall be in writing and shall be deemed properly given and received when personally delivered, or sent by overnight courier (such as UPS or FedEx), or by email (pdf), addressed to the respective Parties, Limited Parties or Intended Beneficiaries at their respective addresses as set forth below. Notices shall be deemed effective: (i) if personally delivered, when actually given and received; or (ii) if by overnight courier service, on the next business day following deposit with such courier service; or (iii) if by email (pdf), on the same day if sent before 5:00 P.M. Mountain Time, or on the next business day if sent after 5:00 P.M. Mountain Time. No Notices shall be sent via United States mail. All Notices shall be addressed as follows (or to such other address as may be subsequently specified by Notice given in accordance herewith): 5 4199881.6 ATTACHMENT D To the Town: Town of Avon 100 Mikaela Way Avon, Colorado 81620 Attention: Town Manager Telephone: (970) 748-4004 Email: eheil(ae,avon.org With a required copy to: Town of Avon 100 Mikaela Way Avon, Colorado 81620 Attention: Town Attorney Telephone: (303) 376-8512 Email: ninakwwfdlaw.com To TCMD- Traer Creek Metropolitan District 2001 16th Street, Suite 1700 Denver, CO 80202 Attn: Denise Denslow, CliftonLarsonAllen LLP Telephone: (303) 779-5710 Email: denise.denslowgclaconnect.com With a required copy to: Spencer Fane 1700 Lincoln Street, Suite 2000 Denver, Colorado 80203 Attn: David S. O'Leary Telephone: (303) 839-3952 Email: dolega&spencerfane.com To VMD: The Village Metropolitan District 2001 16th Street, Suite 1700 Denver, CO 80202 Attn: Denise Denslow, CliftonLarsonAllen LLP Telephone: (303) 779-5710 Email: denise.denslowgclaconnect.com With a required copy to: Spencer Fane 6 4199881.6 ATTACHMENT D 1700 Lincoln Street, Suite 2000 Denver, Colorado 80203 Attn: David S. O'Leary Telephone: (303) 839-3952 Email: dolearygspencerfane.com To Master Landowner: Traer Creek LLC 0101 Fawcett Road, Suite 210 Avon, CO 81620 Attn: Marcus Lindholm, Manager Telephone: (970) 949-6776 Email: marcuslindholmktraercreek.com With required copies to: Traer Creek LLC 0101 Fawcett Road, Suite 210 Avon, CO 81620 Attn: Michael Lindholm Telephone: (970) 949-6776 Email: michaellindholmgtraercreek.com And to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17tb Street, Suite 1600 Denver, Colorado 80202 Attention: Munsey L. Ayers [270412-0004] Telephone: 303.825.8400 Email: munseygottenjohnson.com EMD Limited Liability Company c/o Lava Corporation 0101 Fawcett Road, Suite 210 Avon, CO 81620 Attn: Michael Lindholm, President Telephone: (970) 949-6776 Email: michaellindholm(a,traercreek.com 7 4199881.6 ATTACHMENT D With a required copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street, Suite 1600 Denver, Colorado 80202 Attention: Munsey L. Ayers [270412-0004] Telephone: 303.825.8400 Email: munseygottenjohnson.com To the Limited Parties: Avon Urban Renewal Authority 100 Mikaela Way Avon, Colorado 81620 Attention: Town Manager Telephone: (970) 748-4004 Email: eheilgavon.org With a required copy to: Avon Urban Renewal Authority 100 Mikaela Way Avon, Colorado 81620 Attention: Town Attorney Telephone: (303) 376-8512 Email: nina(&,wwfdlaw.com The Village (at Avon) Mixed -Use Public Improvement Company 2001 16th Street, Suite 1700 Denver, CO 80202 Attn: Denise Denslow, CliftonLarsonAllen LLP Telephone: (303) 779-5710 Email: denise.denslowgclaconnect.com With a required copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street, Suite 1600 Denver, Colorado 80202 Attention: Munsey L. Ayers [270412-0004] Telephone: 303.825.8400 Email: munsey&ottenjohnson.com 8 4199881.6 ATTACHMENT D The Village (at Avon) Commercial Public Improvement Company 2001 16th Street, Suite 1700 Denver, CO 80202 Attn: Denise Denslow, CliftonLarsonAllen LLP Telephone: (303) 779-5710 Email: denise.denslowkclaconnect.com With a required copy to: Often, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street, Suite 1600 Denver, Colorado 80202 Attention: Munsey L. Ayers [270412-0004] Telephone: 303.825.8400 Email: munseygottenjohnson.com To the Intended Beneficiaries: Affiliated Landowners c/o Traer Creek LLC [Utilizing the Master Landowner contact and required copy information set forth above.] (J) Exhibit A Legal Description. Exhibit A is amended and replaced in its entirety with Exhibit A attached to this First Amendment. (K) Exhibit F Amended Defined Terms. Paragraphs 24, 45, 52, 54, 92, 93, and 129 of Exhibit F are amended and restated in their entirety to read as follows: 24. Block 3 means Block 3, Final Plat, Avon Landing, a Replat of Tract H, The Village (at Avon), Filing No. 3, Recorded on September 3, 2015, at Reception No. 201516730, such parcel being located within PA-J. 42. Design Review Guidelines means the sole and exclusive architectural design, landscape design, urban design and Site design and use standards applicable within the Property as set forth in The Village (at Avon) Design Review Guidelines with an effective date of November 16, 2022, together with any amendment(s) the Design Review Board may approve after providing notice thereof in accordance with Section 3.1, as prepared, approved and promulgated by the Design Review Board from time to time. 44. Affiliated Landowner(s) means, individually or collectively as the context dictates, TC RP, TC Plaza, TC HD and TC WMT, together with any other entity with respect to which TCLLC or EMD is the managing member and which acquires title to any portion of the Property after the Execution Date. 45. Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) Recorded on August 1, 2014, at Reception No. 201412777, as amended by this First Amendment. 9 4199881.6 ATTACHMENT D 52. Effective Date means August 1, 2014. 54. Execution Date means October 22, 2013. 66. Master Landowner means EMD (with respect to Planning Area I only) and TCLLC (in all other respects), which entities (or any successor entities), as more specifically described in Section 1.7, are designated and authorized to act on behalf of all Developer Affiliates. 92. PUD Master Plan means The Village (at Avon) P.U.D. Master Plan dated [ , 2025] attached as Exhibit B to the PUD Guide, as amended from time to time, which constitutes the approved sketch plan and master plan for development within the Property. 93. PUD Guide means The Village (at Avon) Third Amended and Restated PUD Guide (and all exhibits thereto, including but not limited to the PUD Master Plan) dated [ , 2025], as amended from time to time. 129. Vesting means the Primary Vesting Term and the Mountainside Vesting Term. (L) Exhibit F Additional Defined Terms. Exhibit F to the Development Agreement is amended to add the following: 28.1 CARADA has the meaning set forth in Recital A of the First Amendment. 29.1 Community Housing Units has the meaning set forth in the PUD Guide. 57.1 First Amendment means the First Amendment to the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon). 57.2 First Amendment Effective Date means the date on which the First Amendment is Recorded. 57.3 First Amendment Execution Date has the meaning set forth in the initial paragraph of the First Amendment. 66.1 Mountainside Vesting has the meaning set forth in Section 1.4(a)(ii). 84.1 Primary Vesting Term has the meaning set forth in Section 1.4(a)(i). III. Authority to Amend; Vesting of Property Rights. In accordance with the terms and conditions of Section 1.5, the Town's approval of this First Amendment is subject to the public notice and public hearing procedures that were required for approval of the CARADA. Because the Development Agreement constitutes a Site Specific Development Plan which establishes vested property rights pursuant to the Vested Property Rights Statute, and because this First Amendment is an amendment thereto, the Town shall adopt an ordinance approving this First Amendment and shall cause publication of the notice described in Section 24-68-103(1)(c) of the Vested Property Rights Statute. Pursuant to Section 7.16.140(d) of the Municipal Code: 10 4199881.6 ATTACHMENT D Approval of the Development Plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16, of the Avon Municipal Code as amended. IV. Effect of Amendment. Except as expressly modified by this First Amendment, the Development Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in full force and effect in accordance with its terms. If there is any inconsistency between the terms of the Development Agreement and the terms of this First Amendment, the provisions of this First Amendment shall govern and control. V. Binding Effect. Upon Recording, this First Amendment shall inure to the benefit of and be binding upon the Parties, Limited Parties, and Affiliated Landowners. VI. Governing Law. This First Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. VII. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same instrument. The electronic or pdf signature of any parry on this First Amendment shall be deemed an original for all purposes. IN WITNESS WHEREOF, the Town, TCMD, and Master Landowner have executed this First Amendment as of the First Amendment Execution Date, with the intent that this First Amendment shall be legally binding on all Parties and legally attach to and encumber the Property upon the occurrence of the First Amendment Effective Date. [SIGNATURE AND EXHIBIT PAGES FOLLOW THIS PAGE] 11 4199881.6 ATTACHMENT D TOWN: THE TOWN OF AVON, a home rule municipal corporation of the State of Colorado By: Name: Title: Approved as to legal form by: Nina Williams, Esq., Town Attorney STATE OF COLORADO ) ) ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of , 2025, by as of THE TOWN OF AVON, a home rule municipal corporation of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public (SEAL) 12 Town Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.6 ATTACHMENT D TRAER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By: Name: Eric Applegate Title: President STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2025, by Eric Applegate as President of TRAER CREEK METROPOLITAN DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public (SEAL) 13 TCMD Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.6 ATTACHMENT D MASTER LANDOWNER: TRAER CREEK LLC, a Colorado limited liability company By: Name: Marcus Lindholm Title: Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2025, by Marcus Lindholm as Manager of TRAER CREEK LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public (SEAL) 14 Master Landowner Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.6 ATTACHMENT D MASTER LANDOWNER: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By: Lava Corporation, a Colorado corporation, its Manager By: Name Title: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Michael Lindholm President The foregoing instrument was acknowledged before me this day of 2025, by Michael Lindholm as President of Lava Corporation, a Colorado corporation, Manager of EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public (SEAL) 15 Master Landowner Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.6 ATTACHMENT D EXHIBIT A Legal Description of the Property WEST PARCEL Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Tract A, Tract B, Tract C, Tract D, Tract E, Tract F, Tract G and Tract H The Village (at Avon) Filing 2 according to the Final Plat of The Village (at Avon) Filing 2 recorded on May 28, 2002 at Reception No. 796831. STOLPORT Lot 2, Lot 3, Lot 4, Tract B and Tract E The Village (at Avon) Filing 1 According to the Final Plat The Village (at Avon) Filing 1 recorded on May 8, 2002 at Reception No. 795009. Lot 5, Lot 6, Tract A, Tract C, Tract D, Tract F and Tract G The Village (at Avon) Filing According to the Amended Final Plat The Village (at Avon) Filing 1 recorded November 18, 2004 at Reception No. 898173 Lot 2 and Lot 3 Amended Final Plat, The Village (at Avon) Filing I - A Resubdivision of Lot I According to the Second Amended Final Plat — Amended Final Plat, The Village (at Avon) Filing 1- A Resubdivision of Lot 1 recorded August 1, 2014 at Reception No. 201412782. Lot 7, Lot 8 and Tract H Amended Final Plat, The Village (at Avon) Filing I - A Resubdivision of Lot 1 According to the Third Amended Final Plat — Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 recorded August 15, 2019 at Reception No. 201913092. Lot 1, Lot 9, Tract H- 1, Tract I and Tract F-1 Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 According to the Fourth Amended Final Plat — Amended Final Plat, The Village (at Avon) Filing 1 - A Resubdivision of Lot 1 recorded March 13, 2024 at Reception No. 202402670. Town of Avon Eagle County, Colorado SOUTH PARCEL A (North of Railroad right-of-way) That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1/4 corner of said Section 17; thence S89°23'36"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly Exhibit A Page 1 4199881.6 ATTACHMENT D right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80°36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06°04'58", and a chord which bears S83°38'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00°20'55"W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. SOUTH PARCEL B (South of Railroad right-of-wa That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: Beginning at the Northeast corner of said Section 17; thence SO 1 °41'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, SO 1 °41'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89°24'49"W 1037.9 feet; (2) N86°07'49"W 472.00 feet; (3) N89°29'49"W 538.00 feet; (4) S82-33'11"W 595.15 feet, to the westerly line of said NE 1/4; thence N00°20'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06° 1 V51 ", and a chord which bears N83°42'23"E 279.58 feet; (2) N80°36'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12°24'07", and a chord which bears N86°48'31 "E 685.10 feet; (4) S86-59'25"E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02°31'46". and a chord which bears S85°43'31"E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. TRACT M Those parts of Sections 8 and 9, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943, by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the W 1/16 comer of said Section 9 and Section 16 of said Township and Range; thence N89055'04"W 1371.96 feet, along the southerly line of said SW 1/4 SW 1/4 to the Section corner of said Sections 8, 9, and 16 and Section 17 of said Township and Range; thence NO1 °32'00"E 3.82 feet, along the westerly line of said Section 9, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02° 15'34", and a chord which bears N85°51'36"W 104.47 feet; (2) N86°59'25"W 1213.28 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51'07"E 717.58 feet, along said westerly line; thence, departing said westerly line, S89°55'04"E 2698.45 feet, to the easterly line of the SW 1/4 SW 1/4 of said Section 9, thence, along said easterly line, SO1033' 13"W 790.94 feet, to the point of beginning, containing 47.70 acres, more or less. Exhibit A Page 2 4199881.6 ATTACHMENT D REVISED EAST PARCEL (Minus Tract M) Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said Section 8: (1) N88°40'41 "E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88°40'41 "E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N88°42'58"E 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88°42'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83°29'30"E 1386.63 feet, to the W 1/16 corner of said Sections 9 and 4; (2) N83°29'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83°24'12"E 1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83°24'12"E 1386.30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86°39'24"E 1381.29 feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86°39'24"E 1299.94 feet; thence, departing said northerly line, S01034'07"W 2699.66 feet, to the east -west centerline of said Section 10; thence, along said east -west centerline, S86°32'23"W 1304.06 feet, to the W 1/16 corner of said Section 10; thence S01°32'50"W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 corner of said Section 10; thence S86032'47"W 1384.91 feet, along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9; thence S77°10'15"W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, to the SE 1/16 corner of said Section 9; thence S01°33'02"W 1475.32 feet, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range; thence S72°20'31 "W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence N01°34'18"E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S86007'30"W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence S01°33'13"W 715.42 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 9; thence, departing said easterly line, N89°55'04"W 2698.45 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51'07"E 620.19 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89°54'54"W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89058'35"W 1366.46 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00°01'37"E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses along said northerly right-of-way line: (1) N65°30'20"W 249.79 feet; (2) N78047'50"W 317.2 feet; (3) N83008'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30°15'52", and a chord which bears N54°57'56"W 763.3 feet; (5) N34°37'50"W 331.1 feet; (6) N34°44'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25°27'04", and a chord which bears N51029'50"W 798.3 feet; (8) N68°24'50"W 399.7 feet; (9) N49°47'20"W 213.6 feet; (10) N70°20'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89050'40"E 1194.46 feet, to the CE 1/16 corner of said Section 7; (2) N89°50'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two courses along the westerly line of said Section 8: (1) N00°10'53"W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00°10'53"W 13 69. 10 feet, to the point of beginning, containing 1421.24 acres, more or less. Exhibit A Page 3 4199881.6 ATTACHMENT D A PORTION OF WHICH "REVISED EAST PARCEL (Minus Tract M)" HAS BEEN PLATTED AND/OR REPLATTED AS: Tract A, Tract D, Tract E and Tract G The Village (at Avon) Filing 3 According to the Final Plat The Village (at Avon) Filing 3 recorded on June 29, 2004 at Reception No. 882176. Tract F The Village (at Avon) Filing 3 — A Reconfiguration of Tracts B and F According to the Amended Final Plat The Village (at Avon) Filing 3— A Reconfiguration of Tracts B and F recorded on May 9, 2007 at Reception No. 200712166. Block 2, Block 3, Block 4, Tract H- 1, Tract H-2, Tract H-3, Tract 1- 1, Tract I-2, Tract I-3, Tract I- 4 and Road A Avon Landing, a Replat of Tract H - The Village (at Avon) Filing No. 3 According to the Final Plat Avon Landing, a Replat of Tract H - The Village (at Avon) Filing No. 3 recorded on September 3, 2015 at Reception No. 201516730. Tract I and Tract J The Village (at Avon) Filing 4 According to the Final Plat The Village (at Avon) Filing 4 recorded on March 27, 2015 at Reception No. 201505284. Tract B and Tract I Amended Final Plat Tracts B and I, The Village (at Avon) Filing 3, Second Amended Final Plat a Resubdivision of Tract B recorded on May 20, 2022, at Reception No. 202209167. Lot 1 and Lot 2, Outlot A and Outlot B Amended Final Plat, Stolport Station, A Replat of Block 1, Avon Landing, A Replat of Tract H, The Village (at Avon) Filing 3 recorded on November 5, 2021, at Reception No. 202125052. LESS AND EXCEPTING FROM THE ABOVE DESCRIBED REVISED EAST PARCEL (minus Tract M): Parcel Number: 1 as conveyed to the Department of Transportation, State of Colorado by Special Warranty Deed dated September 26, 2003, recorded October 6, 2003, at Reception No. 852794, which Parcel Number: 1 is depicted on the Final Plat, The Village (at Avon) Filing 3, recorded on June 29, 2004, at Reception No. 882176, which Parcel Number: 1 is noted on such plat as Tract C, NOT A PART OF THIS PLAT, 6.732 ACRES. Exhibit A Page 4 4199881.6 ATTACHMENT E '1r117ae17 1(: re el TIC DECEMBER S, 2025 40 PUID Amendments KLimited Extension 40 of Mountainside Vest0 ing Avon COLOAADO Planning & Zoning Commission OTTENJOHNSON ROBINSON NEFF+RAGONETTI,,, co m r f1 / u Mauriello Planning Group ATTACHMENT E Agenda Commun*ity Housing Buoildoing Form ,*Street Network H eight & Density *Limited Extension of Mountainside Vesting • Cul-de-sacs F w L A Community Housing F w L A ATTACHMENT E 100% 60% 40% 20% o% Percent Bu!Jdout of Uses Commercial Free -Market DU Community Housing DU ATTACHMENT E Housing • Only rental housing has been constructed within the Village • Of housing constructed, 34% has been rental community housing • 66% has been rental free-market housing • For every 2 units of free-market, 1 unit of CH was constructed Types Constructed 66% 34% Community Housing Rental Free -Market Rental Free -Market For -Sale Community Housing For -Sale ATTACHMENT E PUD Amendments: Comnluni • Lot 8 currently owned by Traer Creek • Lot 8 part of PAD, currently allowed: • Height of 48 ft • 18 du per acre (9 du) • Mixed Use, including residential and commercial,Ile, uses • PAE currently allows: F IN - I " -1 %U *IPA • Height of 35 ft, • School, educational uses only ty Hous'0 ing .,� !.� r. ATTACHMENT E PUD Amendments: Comm • Lot 8 given to Town of Avon • Lot 8/Portion of PAE becomes CH1 , allows: • Height of 48 ft • 36 dwelling units • Community housing • Provides for a more developable site to accommodate community housing F AN I p 6U unity Housing .+ 00 ATTACHMENT E PUD Amendments: Comm • Lot 5 owned by TOA, satisfied the Public Works dedication requirement • Lot 5 is PF1, currently allowed: • Public facilities (no residential) • Height of 48 fto • Lot 5 goes to CH2. allows: • Community housing • Public facilities • Height of 60 ft. • 40 dwelling units unity Housing GOES FROM PFI TO CH2 aM 'W T 4 295 low $.I ATTACHMENT E 'Why Are These Changes Important? • Town and Traer Creek working together as joint applicants to facilitate development of Community Housing • PF1 and PAE rezoned to allow for Community Housing -allow for total of 76 community housing units • Lot 8 dedicated to TOA by Traer as opportunity for more Community Housing • Lot 5 allowed to have Community Housing (no residential uses were allowed previously) ATTACHMENT E 'Why Are These Changes Important? • Build -ready development sites already served by utilities • No land cost associated with community housing opportunities • PUD Amendment is mutually beneficial: op, Provision of publicly and privately -owned land for community housing ► Using water from Traer Creek water bank ► Units count towards Traer Creek's total housing obligation ATTACHMENT E Additional Community Priorities • Community Housing opportunities created without community priorities: Early Education Childcare Facility Public Facilities ►Ambulance Facility ► Fire Station Site ► Public Parks ►Commercial Vitality ►Mid Tier Lodging Options Rendering of the childcare facility. impact to other ATTACHMENT E � 7 �. • %e ; ." .00 / Non d ;! Street Networli, IL 'tip ab 10 . I .�% f '► .4( Sk OAT `t. • , T � � �--. �'�. / � !' ' emu/ ! • - �3 . �'.*��� � �+ i< -.. r _ � !!! '' R, ••� ��i 1. ,� 1 -i. � � �._ a. �, �`'• �, ��� • • •• ` 1, r •. `~ � ••'t• � \``\�1 • � � �T ` • . �` �`� '�- �� � � ��° �• '���� � � ��; ;•• -�?�', � ` • •,Ob, -� ,� ,� •� L s;, �- w:-� vim'• � . • 9 14b jib ` - . � , � � . � • ,a t •. � ; ,��+' ',,tom, ;q � / t� : �\ •� \ �•° .t'4 1 '� 1� MD . �• f 1 .y, • *r 1 VEHICULAR CIRCULATION ATTACHMENT E TREE LINED LANDSCAPE TRANSIT ROUTE BIKE/PEDESTRIAN TREE LINED LANDSCAPE NATURAL BIOSWALE EDGES TRANSIT ROUTE BIKE/PEDESTRIAN TREE LINED LANDSCAPE BIKE/PEDESTRIAN MULTI -USE TRAIL CONNECTION —J� s 0 30 60 120 2y0 O SCALE 1:150 THE VILLAGE AT AVON: Interim update due to ROW design development and assoc;rated impacts. JULY 2025 TREE LINED LANDSCAPE GREENBELT ZERO CURB EDGE STREET PARKING TRANSIT ROUTE BOLLARD EDGES TRANSIT ROUTE BIKE/PEDESTRIAN TEXTURED / TACTILE WARNING MULTI -USE TRAIL MULTI -USE TRAIL CONNECTION CONTINUOUS PAVING PAVED, ABOVE CURB - I i I J ------------- P-1 GREENBELT -- CONNECTION (TO EAST POST BLVD) �] ► GPI �:I [M�l Ie\'IM I'(M�1 Ie\ � [� MULTI -USE TRAIL (SHARED) E BEAVER CREEK BLV CONNECTION TO AVON TOWN CENTER WEST m co m rn rnn Q O �% CHAPEL PLACE ------------------------� 1 0 0 30 60 120 240 360 (!) SCALE 1:150 BIKE PATH (ON ROAD) CRESCENT HILL ROAD SIDEWALK J 4 ' j PROMENADE — -------------------- MASTERPLANNING BIKE PATH (ON SIDEWALK) SOFT TRAIL (SEASONAL) P-1 GREENBELT CONNECTION (TO EAST POST BLVD) E BEAVER CREEK BLVD ' — POTENTIAL FOOTBRIDGE j CONNECTION OVER RAILWAY l --T R A E R v ----- CREEK JERDE �r� cw D N,DE ATTACHMENT E :+ �� Jw r , ^�i'. \ ELEC. EA501pITT - - '� w _ t• �! 1� , / ```.``` (R.N. 799224) �1�•` �'�f w , \�C� �i �E `• CH $66°�003?%•''`� �•+ 7 r .� Ir �S �' f-_ 411 I, 1 1 t �'�• Y. ��t � a �'/ \� _ � �•� —Y� spy SJE. 3Z�3, NTeR _ � � �•. a7 !:''µr a, ro^ \ w TER EASEMENT STA Te S TA /y _ .�+,1• ] 1�� • I w ♦ I� _ ti ° (R N 201900054) ` \ C22 6*JZ' PR .0 OF /ri%/ 1 •"1' i ` •� M �' • -• - \�\\ TO BE VACAtm eY \ Js2B. 7 No. CO H'A y rr • %t ,4 \ �\�� ARA E wsmuuwr \ 7o_?r14 4DO NO ) • ' r� L •'- ' t , •h , 20' ERWBSO 9ANITARY��\\Y\\ i '�\\ r "-SB,S ,_U"E ° R ° .. ' I✓� ^�, ` 4 SEWER EASEMENT \ .C1 ` \ c' ,•JOB - •It - ' (R.N. 201900048) \\\UA\,�D 1 'Qr ,o, ♦ r TO BE VACATED BY _ 'Bg• S23'51-00-E �- f SEPARATE WSTRUUENT \ 12.31' 1 ' • + T EAST BEAVER CREEK BOULEVARD •:.'��• ,, a . t % /1 .. �' LOT 10 \_ TRACT H4 (R.O.R. VARIES) ` t / CREATED BY THIS PLAT L78 ACRES \ - �' _ ` r • _ _ - J _ I 5.93 ACRES \'\ \ CREATED BY TILLS PWT �`���. bf Ir*. • .0 . (SEE PUT NOTES 7, ^�^ S6j• 0 9p EAST sEAveR ti ^ \ \278£Ja♦) y �:-, °•. 1 , •. , - :,/ CREEK BLVD.?♦ \ \ , "--_ I • •L.. d �h \ u S6T3t'S0'E7 E , - `� 66. 398.64 ?Bp )8 -- - -- a �► • . � / TSB i \ m n' lg, lb -.T�: f = ~ •ill , % cig ?sp' gs6`�?s•`�1 • �Y� � � � • • '+ � 4 a E • 0 17 ACRE DEED OF TRUST LOT 2 N ` \ 5019S4 E , ' �. +�•` a - 1 $ (RN. xooso4m, 200605745) NOT PART OF TBIS PLAT @ o \ Nns7'S5'w �� - +' - t .. r / _ �•' • i [�•' 1 • • m• WEST Q UNE `1I\111`` \ 288.52' 4 ' 4•• 4 1 \` VB SEE DETAIL SHEET 4 4.10 ACRES \ S r • , •'g/ PE PARCEL rv-1 (GAS) '�\ OWNER TORN OF AWN \ r� 61 ' r (R.N. 2011123Q. 201217617) aB , CHAPEL PLACE (RN. z01412aB2) - / - 10' U7R1TY k DRAINAGE C17 TRACT H3 (CR6 VARIES) \ \ 1W B 54 E 9424) pi • " y i `.� ► • • ,• - - EASEMENT DEDICATED LOT 11 �` 4•TB SEE PLATNBY OTES8. LJLT IG \ \ ��B` \\ ?a• /9g' 0' '111, �, 1. • ' •. T t r ., 4`. •^ BY THIS PLAT ?I• 11� • + > (SEE PLAT NOTE 8) CREATED BY THIS PLAT u3 \ ( ) s? Js,7}/. + 1 \'(i7 p , • 4 y • • •1 4.92 ACRES \ 6 11\+ \�pP •rl . �•• �1 , ♦ �1 r r.-�•. g ®CHAPEL PLACE R•NTEMPORARY 795OSm "MENOM7 Y79EASEuwT 5009) LOT 1\\,_+�� • �.• , . e 4 .itj •�`r •. '-- TO BE VACATID BY SEPARATE \ �'P \ ` ' \ N24'38'40'E W54 A OT (SEE PLAT NOTES S5.B0 ACRES �TS W) SEC. 7 3 ` T ���\ ` • • _ ' _ _ _ , _ 2.39• vt 'e ) .A.£ \\�__S7(74•Jpti,'V-� SGS'2"20'E aE+ 3Je.Jr� 950'28•E 4as.T7 >4. r. °;, ,. 4• . Y:., ' a1o.53'1 wL��- `` EAST BEAVER CREEK BOULEVARD \ N61?I• _ 40 • .i• • �J \ \ 1 SANITARY SEWER ••'�'t 4x TRACT H2 (ROX VARIES) •1' \ 0{'M BQ Qh (AN 201 yt,. iit ( 235 ACRES o • 51p'�0) 1p• W / \ SHEET 2 SHEET J s Boo\ N 2p �43) CREATED NOTES S 7. PLAT 1. _"�` (SEE PLAT NOTES 7, S. A 10) =h .. ,(�' , `` •\ `I `I{ �•• + • I'^ , • • ' a^. 6�,. >r �°'\ ,�3 M7+,py �' �\ \ 1. �, r3T ARgQ Hl '( _` _ t I , • J 1 t s ii!• •} J; ` .�. N2r3a'o7-E 4pM].p q%^ /.off M �\RT SBg3 A4 wAy • ' -'� _ r. �.* •` lr • 11► �� Ns 3jE ' � HQ 7° • �;•:y•I l�, 57610 :1 A, ACCESS CASEMENT �• ;Z� /ti �\ �` 7pp- `"! R0, t` ` �. .• `1. ••fDf `, (R.N. 201112785) , O L ` \ I \ \ ••4• % j R • ; • 4 i J�`58 °qa?}'k'•` str♦ ' , ''�^ /SEE LINE AND CURVE TABLES SHEET 4 ,\ �� ` / / �•� / j f ,-a , , • f' js. N2W2'09'E /�y'v • / / •�. -- \•�• L1 1 Nes, T00'w rt •\l , •y� LOT 1 ` • ` sr\ N. 4000�ry 6Se0 ACRES �'� / /IP - 1` � - � � ' I• /Iq 'ogy MODIFlCABON Or ACCESS EASEMENT TO BE /�} • 1 �. • °� �•� L32 - A^ b•�• GRANTW BT SEPARATE INSTRUMENT `\ . \ CRESCENT BILL ROAD �''•s /'q •q,� \ (SEE PLAT NOTES 7. 8, & 10) TRACT I \ •f `, C C 6s `\ R.N. 2025I2913 • ACCESS EASEMENT (RO.R. VARIES) •'` \ R S?+,`•� , S4TJ9',9'C ,g°O� ( ) g$y. 260 ACRES / \ •• /F/ A/ ~Jz• ^ ,r ,\ 1029.75' I B \� psi NOT PART OF THIS PLAT / \ <RO E 1^9 i "B4b rST STORM WATER ?' . o? E ( _ 202402670) 3 / \ oETENT. POND v N / \ •• •4�• _ D /-� �?,*•k' /n ((RN. 2o2402670) •\ / \ y`�y�1� _ O \'^ nr REVISED BY THIS PLAT \ \ _ ,♦^ �' ♦ • . - \ ` // N (SEE PETALS SHEET 8. \\\- . \ (R.N. 2 24 ACCESS EASEMENT ] / y • SEE PUT NOTES 1, e. k 10 `\\-`j� ` ,, • � ,V6 ( ) °' ` (R.N. 202602670) G1 \ I7dgL•w SECRON OP 10' UBOTY `/ Cq \ C28�j / ,• �, • `( ` H Po' 8 ORAINAOE EASEMENT \ A.]. _1 + • • •... •' • 4 `wsEMw> N6`>H• / \ (0.N. 202402670) N° L2 G2 , w •�j,�i I� 402570 \ '( `` 7,, L29 VACATED BY 7W5 PLAT Cg \ L 1 ♦ M _ •�� _ �A. �� •ARAh 56453'S1 •E ..`•6BB,, lv L28 `SNADm) 10' URUtt k DRAINAGE `\ \ i •{°j/y�E �, DIES s00.85' L µ 069' \ f - _ T • • �_ nl\ C,4 ^ \ 2B2 w /'•' A.79.60' i \ \ TRAER CREEK METRO r -- v_ ` • \ `\ CY3 EASEMENT (RN. 202402670) I `\ NJ A.T07W -� \ \ \ \ • `_ 4a , `L5 TRACT' F-1 \ �. ',•. �.7 ..\ \ \\ �� •\. 66 L6 1 C6 G� 7 \ \ DISTRICT \ �•- _ ,t L27 T-L4a \ \ \ NOT PART OF THIS PLAT I (1 CID 4.10 ACRES ;` �l ♦a �. `-\ A_,97.08 \`�� ' \\\ .7� 6 L14� \ \ \ (am YOE40E690) �C / 1 �,� t yam• \ \ \ <2 3 \I \` LOT 9 \ \ I'S \ I ~J _ I r `�- / • �-� \ \ a3 4 L21 \\�\ NOT PART OF THIS PLAT \ \ \ r 4 • / ` } • �� �' - \ \ \ ®y '� \ \\\ \ OWNER TPC AWN IMF PROPERTY ORNER 11C \ \ 2 \\ tD (RN. E02402870) ��• ♦ • / ♦. �,.. \ EASEMEN SEWER- `. '•' •. ��_ ~� \ \ (R.N. 0900043) \ \�\\ \\ NB437 65' ! 1 \ �� ,•`1 \ \ \ S64106'22'E „�C2p'\ \\'\ L10 �. V m31'42'00' / - .. Y• • t \ \ \ 36 �\ a216069' L+1195 a4 _ T •1]` CJ `.-_ 2.4' MIUGAROH D11Q1 EASEMENT,` '\�'-_ �R a / 0,=578']5'S1'E I1B0.26' 6 i \IE a\ a (R.N 201913092) i C8 �`-� • .. ^ - _� • - C.11 )7\'' s70Ru wAiw EASEMENT ' ---- 1' _-_- 24i.M,�� 1 \l,• RN zozsosls4)1! '• •4r �' \ �,' \ \ `^�-\ (bS (DETAIL SHEET 4) _�_�_ _�\'^ \ Awl I/ / *' 7 °E PARCEL rv-, (GAS) 51D" WATER DETENTION - \ \\`Y/ . • • 201112313. 8\ �.! IQ / J �, POND EASEMENT _ . t , 7) )`;9J�E• \ \. 1 ((RA 202402670) LOT 7 SEE DETAILS SHEET 4) NOT PART OF THIS PLAT \ •I ~ ^16' I (SEE NOTES 8 @ 10) OVKM AWN P1IDT(ONT I1C \ \ L1S (RN. 201813082) - \ 14 SEE LINE AND CURVE TABLES SHEET 4 .P. ! • \ \ \ \ i EAST BEAVER CREEK BOULEVARDTRACT H _ • • A .� \ 5u1rtMr 5E11EIT \ \ NOT PART OF TH)S PLAT '..tj % • ,s • M E 1� \ OF AVON EASEMENT \ \ O�(R•TOWN 201913092) /� • �(RN. 201900043) �J�y41'E\ \ /mk \ i LOT 8 \ , / • _ 1 -.a • � �L+ ► • y. \ \ NOT PART \ � � � � Y • ►� \ \ DN/Oh \ \ OF THIS PLAT / \ \ 1 ` 40 Vol lb 000 • \ Ilk\ \ LOT 3 t • • t T •• ♦ - , ,° \ \ \ NOT PART OF THIS PLAT \ + • 41f ` T rlb r4fjj%,4 4! Ile • • ie 1 CIF• ,Y to �; s r �� rF ! ��,'�' f '�� d , . �, 4 1•' `� lip 4b♦ 1 T , HeightAlodIftcations PAA, PAC, PAD 120 110 100 90 80 70 � 60 � 50 40 30 20 10 0 Building Height by Special Building Height Allowed :il ATTACHMENT E Review Use A jB: Fnture Pedestrian Path _ D MF2 INFERS - _~. TATE 70 C F J OS3-- F G H ,E PF3 OSq H ---- CH 60 60 58 60 • � 48 48 48 PAA (2501) PAA PAD (250') PAC/D PAF CH1 PAE PAG PAH CH2 v � O WI 80 110' SRU r 1 ` Aof f. et ,. i r IWAL C Z% !1 9 !•l Tl T T ATTACHMENT E � (110 CURRENTLY ALLOWED BY SRU FOR HOTEL) PROPOSED: SRU FOR 110" FOR RESIDENTIAL 0 t . ►'N 'it •, 1 MAK-4 mp,2 IN�ERSTAT JI 7n T .r Lm 10 60" BY SiU WITHIN 250 ' OF SOUTHERN BORDER n ROPOSED -A v � O ATTACHMENT E *60' WITH UP TO 74' BY SRU il 0 rGr �1 do1 T1 T1 !v 4-1 % w w T •t IT T T T 1& T A Md Ar� PIKUP FROA R 48' _ F 48' 60' 74'/ 6 S 'Ai(i& PA 607 5 STORIES"'k1l 'wit" �,, n TORIES SRU,%,' I ; 000 ti1� 0 0 ;y ( 0 0 0 0 I to Oky / �` �` � _ .:._ �s���� air •� �'�•�x ��} 5'!'`?',i �4�'?��i�0� �. .«�r,. � .� � I •�' 1' c ! } �Y + a► is �' 4?_:, '` •�'t.' - a - * C9 �'��{`•,4�1�'�`��i�-•�j�9�1� T 'r. •r � ?I/J,r� � •�r� �'�I � I,- � ���.� Jv go _ - ... -.c � .,.- � 'Li@• ,� �i,`•• .�� '��p��,/4iae %�:<i�"° �dr�fi ,r.!},y, _ - _�' •��u '��Q` A•► • � ��1� !' a A� K•'` S�, 4A�=i� +/O �� �r�.,,�y,i Jq%�."yF`b' �.�!/�' ► _ _� _ �. 1 • all+L� �a��j T, w c•�ea�o.Ci � Gr a '�%' a�]re,�E+ol ._'` - {_t}--t.,•� - - si'.Y�.u: y`�� �, •�.1''i.�r!�\ Cam►►-�,; �r�,;.„-, 4'� w ./r' �I• - - MW c3 r? else ►�pNi �`�� +`a ►� a• A• er %�ry "r 3 al.(►:5iu Yt'S�rS}. ` $- ,�-� ' \. /��' '�✓ ' c♦4 M'8 :+ °�/�si'�,�'+'�rP `may h �• .,..r: '�?„ - : , - �t�. Mr- �r-=Xe;` •�, i , �� .� t';t�." ° 44 fi. i" ,,� y �� �s' , -' � � � 70, .*.%s'.?• ON VY _ f� '`�♦ n'�^s�'\t �j:. ��� 7Or +�!'1�-�ZiA,• •.,.. �'`3'.: +��� .'�iii� 2s�`� y'j-` •1 .� '.. y�: r iff ""5�.�,i��1�•'I�`.'��9���� 'ec`���/ �f '�.� ;.� �:V- � +_;`,�°1,�� + .r♦. ! � Fc .ti, �r,� - r t - __ . .ae�f�ti ♦.v ..�.�,`:':.S•?F1,4. „✓�=_-�->r_�',.�er7��r/� .}T� �e' •,r� x � 7rP1 ,_ '� '•�' - - - - - - - .. _ - ..tic ,- --_ _ - - - _ - _ ��-•'�C`^� - - � _ arm t• — � iAN- ' �,' .•y' - /✓Jjr_ fir' � •• '� •i.r � v\ '• '" •.r• "JT• ,; .. .. ., .• � �• - _ �471r 54 71 5471 5471 42�2.4 •°4311 5471 • • 4310 •4555 4500 4883 4468 - 5033 7 4920 '• . 5198 5415 200 5�3,80 ,300 MAY ' ate F ring a /a i I Tow iOA e JU to a We -30Z 0 1 0 1 = aneDriL I CUR"v,4 to; . A W, YAM A 47 jN F mvl Mi f p, A 725:k Pf OL M, j __ f 1 11 4^ A .07 - - - ,. . I I .fir %-# -W/� , A ., 1,17 -, It , v bl� Moll M�% 0 IWO aM lop, NIN W, 21. Aw -!,7 417- 40 P� AV, 'Ap .......... C,6digO para las estacl I Onamiento 4 01 4 4qb& " I 00 • nnnn 4b .4� M _ ATTACHMENT E orC� it - * ,: — -�_ 6. MM a � i . • 'r � �+�. � q'ln oaf a - '• •��M•'• ,1 `� •�'T;►+: �:• y� .•is. M ,. way - ,,. p o ��` r � � � . ! n �`�t. ;�' f • �� er t� . . %•i�'; �" • j' t it F. yi, .•'�' U C/-V ' '� i�,-�� / `` � \� a' 7�4 •,� l' s yy � �ia�'i %ri _ -:�' � .��i. t� 3 •,ate _ V _ 1 1 •�•��_ Wit•• w .�' �~ _ _+►.`. P � � / �l' '�' YS �� `' � - _ =fit .►- ~ � kt .i� � •:• � ''►.Z� ..{�fy �' a���� aw�� �'� � �` � - �" # . � � _� _ - o .. t� 1 .4 � �' � w. ..< "` �' ^ �� �+•� f l ��� ���' •r� ram.'{r� �s•�•.r, - r `� ry 4's. - - _ - - _ .�� = �'�'G"...�'..T�_ � � ��__� 1I, ; �" ! . F` y M i - +�t9, ',r'-X.,.,.�'; %_,dry +- ,,,• • � • }! y • � � �_� `_ ` -�� .! � �'F�� �� � �� �'�T'\i h�i. �liljr, � ••{���F � �� •..�_ ��rlM `_K �' .• ••_- ��- S Y.,� A :1444 -tawVic. i� ..'��c.�.�r-- �i�"- .r'+! �t^...i ~ 1 i:! ► •6 IF J- _•: •� �� _I ��i � - it -i a•/ �-_ ���- � _�_ - l `• -.. '_ - •.� I � • ' • . .I_ .. - _ _ •. • _. =` . � - �\ _ a ` * \ate`~ � - � � - � �� - a - - � � .•' ., �II. . '� I,`. - • .. . • • "` � \ate � �. �3_O10_0 0 3000 �5471 r Poo 3770 - • • P471 5471 5471 . 4041►. 5471, ...� .. � I � • *� � 42�2.0 `4311 • - 5471 - �• `, ��� 4310 � •4555 — �- 4 � R •. r � 450© 4883 446n8 � ;, • 5033 � • w r 5273 y 4920 a ,�5198 5415 200 • '5�380 .300 �'��!►�•��'�'�°aft - _ - � i�. _ r. T` � � � i(�•� r ; +x..tx.0 r!.. •� y. v 1;.,,,�f,.s P,,_ Y�t� r ��. �� \� � 1. - -,�,_ �a ,Ar. ;..� _ �' .. , � '• �''Yi•.`�a+t�'� �� `',tti' , I yry�a � 1 ��.i�i� T_ �n .�t _ -.' 'ti �• .''� •",3!'�'. �i. •;� - � W� � _ /�j� - � I�� - . 3• r `j� A.r ere.,. .u� ..,• � � r. �' ( :� �� y , .. }y/ � _, •. 2 ��•�� . .p •� !. 7r • � Y.j ' -�1. r'�Y!wrJ"'rw•• � • �'L.'� 4�My�e _ �. � ' _ �� : �, .� .-/r. • Y° _ ��`y � - s-�l_v. ` r��, � r�r y' ,�.y� `�' I �� . % y }� ', � . { '. i {�j�Jj,��• � � ,,,r�'��I �R _ � �� J ���•••, �: ` , . ? - I • � / / / r- � � - _. - _E'`� I 4-'_. •, (� `I. .�/.��";:i. is ' I ♦.l-.} �;}.S.' , S`, •��' rr' y�, { J.'+ i �`..l . �'".r?.�ir' T. .r''tY u '; - •i - _ `yr �„_ 'tip � :_s,. -_- " - :�r-�-:; � ;� � � _ r. ;j• 4• `�• ';•` sue;•?., - - { i �� ! �--^ _ � ' r -11 .-. � - - , � .� _ - .. ..- L�.'?j•-'�` r' 1 I1 �'- .. •. 4►.. -> > -- � ° 2 3 �i. _- r � li S �.;i � �4 er- �, - - ATTACHMENT E The VILLAGE (AT AVON) jNo - PROPERTY LINE . f f1f1 •ff f11 �1• •1f MIX USE RESIDENTIAL PA - C CRESCENT HILL ROAD PROPOSED HEIGHT ALLOWANCE OF 60.9 I � The VILLAGE ' I I AVON (AT ) I I I I PROPERTY LINE ' I I I I I I I I I I 250' ' � I I I I I I I I I I I I I I too' ' I 50 I I -4 I I I I 689 ' I I I I 601 _011 I I O 11 I I I , I , � I � � MIX USE RESIDENTIAL PA -D i RAILROAD EAGLEBEND DRIVE EAST BEAVER CREEK BLVD. (681-011 RIGHT OF WAY) Density Modifications PAA, PAC , PAD O irt,fir. IWL Ilk lb il N 0 ATTACHMENT E �q 61; rig 1 Lm ra ATTACHMENT E Vested Property Rights Mi*ti*9ate risk of nonconsensual, non -market impairment and/or negation of project's land use entitlements and financing plan for public infrastructure. • Disincentivize rushing qualitatively inferior development to market. • Do not incentivize delaying superior development. better planned/qualitatively ATTACHMENT E Limited Extension Request Mou-ntainside Vesti ng Term eRequested 20-year extension from October 2039 to October 2059 limited to: 00. NE portion Landing Plat adjacent to East Avon Preserve) of Planning Area J (Block 3, Avon lop, Planning Area K Planni lo. ng Area RMF-1 ATTACHMENT E Mountainside Vesting 0 ArT1,70 E��A�E� 78 1 e 80 76 O O 79 75 ` 77 67 73 69 / 53 O 74 / 48 66 I O I\52 ' \ O 72 � 71 1 65 63 40 41 47 51 1 57 ` 58 39 46 / 54 1 �� \/59 61 45 50 60 38 42 55 56 44 8 37 36 33 ` 43 ` 30 29 26 O 32 31 25 22 23 24 11 12 ` 21 18 20 /13 8\ 14 / 15 ►9 O O _ (Dl 0�01°,/ l Acres NOTES not the Valley Floor) 81 92 OS6 a 2 fttt S 100 99 98 -- This PUD Master Plan Amendment State Land Bo otf approved by The Town of Avon, e'd o ag e, tateColorado This day, of , WITNESSED MY HAND AND SEAL, OF THIS TOWN OF AVON by: Tom' --- -' -- - ram- ----- -'.- ATTACHMENT E Limited Extension Request Mou-ntainside Vesti ng Term ID 40 Metro Districts finance >$50,000,000 in public infrastructure to support development within Mountainside Area Mountainside Area located within water pressure zone cannot be served from existing ERWSD infrastructure (includes East Avon Preserve) OS ignificant portion of Districts' public infrastructure costs for Mountainside share of additional water storage tank(s) water mains, pump stations, etc,, to enable service within water pressure zone in which Mountai*nside Area and Avon Pr operties are located. ATTACHMENT E Limited Extension Request Mou-ntainside Vesti ng Term • Correlates to anticipated repayment period for public infrastructure financing and to projected absorption period for thoughtfully planned properly timed development of Mountainside Area. • Reduces risk, which equates to lower interest rates, a more 40 efficient public finance mechanism, faster debt payoff, and enables the Districts to be a strong and reliable participant in funding the water infrastructure required to serve the pressure zone. ATTACHMENT E Limited Ensisxteon Requestquest Mountamside Vesting Term • Promotes and supports the Project's interests, but also Town I s interest in achieving term ination of the Town I s Tax Credit obligation and in development of Community Housing within the Project and the Avon Properties. ATTACHMENT E ATTACHMENT E Internationa__ l Fire Code • International Fire Code allows,: - Cul-de-sacs limited to 1,000 ft - Maximum of 200 multiple fam duplex on a cul-de-sac - Exception allowed if all is PUD Guide provides: 9 ily units, 30 single- units are sprinklered fam4, ily/ - Maximum of 280 units on a cul-de-sac -will have to comply with fire suppression per E FPD regulations then in effect lies to PAI, PAJ, PAK, RMF1, and East Avon Preserve•App THANK YOU "- _' '-.arm= � � _ .._f — ._ _-- � _ - .. a- - "_'�� - ~♦•J f� _ r_•��'�s-.. • � - - +�M i;"'C-,T� T _- �.- 'may y �jt_ AL 316 lip- ' ` • i7+' ,� �1 s .- tt•• �- ,..'+ZP ram ����� s .i w + � f� � � - 1 _ A w ow ��. - may`- i_ �' 'q . tF•'' • `-r .� _.r,,, b _ 'r •. - till, > a•-.y __� fir-- 1 - - p � - :' �� a - � �y,,.{ . . - + �• � •i � • � s.� .mot •- _r.- p t .�yi: , •,y,C. � dljil �'•',�', r"Frt'^ , - r' - .�, �.i r�S.:,.rr_ � •♦=-'..�*��`i � r - � - � .J 1s �• - � � [� s w3i :►�`••_N1.a '�p�� r;�� _-d ••'�-�'. ' r , >" f�,•P'eY- 'r '.'�y '�'7'k r '^'�.,, �� .�` -� r';,, - .. ,+ _:`. t'_+ - .. s= '��_�`2�_''.a r_, 1. '� ��. '' �Y?G` -1.^may...._ s' - a• ' - - _ n .. ►� .I - •� n "r - "�►`.4 w' L'v. �{,i. °.�1�.. 1� a •� ij -.s[ : � � till _ �� - �'I'� 1ri� r �.t��_ .1 '#_}. qs/ - y Yr�••.;� ''.: k j`' Y •Y,r r_'_`�./�•�r . Y- .� • •;Kfi'S,:1�;. �t.. t, I/ r s • y,,y. _ ter_ -.. •r=$ r _ _ - - . _ - _ '[Js, :�*. > 3:.. `Tf•y-2 r •��• ri •{�~• 'il% 9- _ y�•� .,I. s,;: •,; 7 - � � - '�I�� - -�.'.r-.y A:f. �;"�` ",-,•, !► ..,..e ri^-,,: - w �. ' iiifr /gyp.: _.,r{;i': ''K'� 'v iir"ii +� �• r.-�- ;'"* ` R' •..C_' _.* "7f.••ar - 1/f _ •' ''s. '.s' .f...�J / . ram. •} ! - ' ti' F wY-. - / �. �.r iX a.. "•' �^ ,(ar ,+J.. r " � a I � ' VA.- ! c . A .�_'r �:s:' .y rr � 4.+ r . y , Wn..'L� ' r' •i. �r � '� s yir- /,/,'�('d� �,r,. �yI:r-..yam:_ �.. � i-y t^.1; y� .,�✓ '� _..rr,.6:a, .r. .,� �--:irs._ � � "� .�.r�`: r - �• 'tA.+�Vy� �1=� '��`iK �_.` ! � ( ��v� rt �,��y-JR��yf�..� �. rare+`.. 1✓rTa V,i ? T 'ems n•\�' ~ Y_ �, k:'.�q- -�}r �� rt~��a •M.,�Y ,,]'�! • � _ . �' - -.�� ♦ ~ `� f !i ; ^ S ` � '� � ' ti �I 71, r• •�i . .� � _ . ♦' � f � I �Y'���•t•, 'G�`r - �'t' »}: _ ,e -ff.` ,t. /_ �. F� �' .'>� j .�s��,. 1 .'r%".` y"y a •" r' ♦. r+0;�s. • Q'�o P' - ,,,., ,A` ".,� �} •! ' .we .wr .r l - .�j ''h� y 61. / '1f, • t. • p ,). 'r: - .H-= i. �7t . • a.. I` •.. :N .. 7.1iC . mow•. a � .•I'4 .iY f � YGP �I j •.-/.1/� .>� �i S'1 r _ `;r.. IW �. 'r•(�� Si �, �►' `.:� - r a/ _ _ 's _. = M.r r . ..� .i �� • '1 � • Ib',.,-.,' � r.l � 1G..�" _ t ♦ 'l!i �.�qL�^ 1� .. !J�" _ `I` r��� IR�• __ �� w -�. ♦-•� "'�,� �4s .�yl�)o . i• r li. �:•jr� _ , ,a.^ w. r,a 1 �,.`.�.•� n'•7 �'r*• •rwiws Jir -�X .k'y������f� •,�' - ATTACHMENT F TO: Planning and Zoning Commission Members FROM: Paul Redmond, Chief Financial Officer RE: Village (at Avon) Financial Overview .4v O n DATE: October 31, 2025 r n I n P A n n SUMMARY: This is an informative report on the financial aspect of the Consolidated, Amended and Restated Annexation and Development Agreement for the Village (at Avon) ("CARADA"). This report provides a general overview of the tax credit financial structure of the CARADA, an update on recent issuance of debt, and current status of outstanding debt and debt repayment. In 2013, the CARADA approved a tax credit and agreed to waive certain taxes to support development of public infrastructure. The agreement includes the 4% Sales Tax, 4% Lodging Tax, 2% Real Estate Transfer Tax, and Avon's water tap fees ($4,000 per single family equivalent). Following this agreement, public improvements have been financed and developed by Traer Creek Metropolitan District. Traer Creek Metropolitan District is a thirty-five acre Service District and is controlled by Traer Creek LLC and/or its affiliates, which grants an undivided interest in this parcel to whomever it chooses for the TCMD Board of Directors. The Village Metropolitan District is the "working metro district" and encompasses the remainder of the Village (at Avon) PUD property. Under an intergovernmental agreement, TCMD prepares VMD's annual budget. TCMD manages municipal bond financing, private Developer Advance loans, and construction of Public Improvements within the VMD service area. The financial structure for the construction of Public Improvements is as follows: • Traer Creek created a Residential Public Improvement Company and Commercial Public Improvement Company, known as "PICs". • The covenants for the Village (at Avon) allow the PICs to impose a "Retail Sales Fee", "Accommodations Fee", and a "Real Estate Transfer Fee", known as Public Improvement Company Fees ("PIC Fees"). These fees are imposed by private covenant between Traer Creek and whomever purchases property or leases property within the Village (at Avon). • The CARADA states that Avon shall provide a credit for Avon's Sales Tax, Accommodations Tax and Real Estate Transfer Tax so long as the PIC Fees are in place. The CARADA also states that the Town shall pledge the Town's $4,000 water tap fee per single family equivalent unit. • The PICs pledge the PIC Fees by contract to Traer Creek Metropolitan District. • Traer Creek Metropolitan District uses the pledged PIC Fees as the revenue stream to support the issuance of tax-exempt municipal bonds as well as for the repayment of past Development Advances. The 2012 Settlement resulted in the CARADA. This new agreement capped the amount of debt eligible for repayment through Avon's Tax Credits at $96,000,000 in principal. The recent 2025 TCMD bond issuance issued the remaining amount of the $96M Credit PIF Cap. The existing balance of outstanding debt, including both principal and accrued interest on past Developer Advances, is $76.5M. Since 2003 when WalMart and Home Depot first opened, the Retail Sales Fee has 970.748.4088 predmond@avon.org ATTACHMENT F been the principal revenue source. Water tap fees are only paid once at the time a building permit is issued, and Real Estate Transfer Fees have been minimal due to lack of condominium development and limited property transfers. In 2024, the Retail Sales Fee generated $5,759,133 while water tap fees and Real Estate Transfer Fees have only generated $1,359,650 and $303,024, respectively, since the inception of the agreement. The first Accommodations Fees began in 2024 with the completion of the dual -brand hotel. We estimate the annual revenue from all PIC Fees will be approximately $61VI per year. Credit PIF Principal Cap Capital Projects $96,000,000.00 Amount Year Refinance of Original Bonds: 1-70 Interchange, Post Blvd. connection to US6, Utilities, Traer Creek Plaza Garage $52,100,000.00 2014 Traer Creek Water Storage Tank $ 7,200,000.00 2014 Past Developer Advances $12,047,736.00 2006-2011 Developer Asphalt Overlay Contributions $ 114,745.50 2015-2017 PA-J Wagon Wheel Trail $ 2,720,382.93 2019 Unearmarked Funds $ 3,000,000.00 2019 Asphalt -Wagon Trail Road $ 170,483.58 2021 EBCB Phase I/Nottingham Ditch $ 1,793,777.20 2021 EBCB Phase 1 Continuation $ 3,290,543.55 2024 Crescent Hill Road $ 4,346,536.02 2024 2025 Series Revenue Bonds $ 8,962,389.28 2025 Remaining Credit PIF Principal Cap Debt Balances: 10-31-2025 (Projected) $96,000,000.00 Amount $ 0.00 Developer Advances $ 3,522,309.00 Interest on Developer Advances $1,893,258.21 TOTAL DEVELOPER ADVANCES $5,415,567.21 Past Bonds (1-70 Interchange, Post Blvd., Traer Creek Plaza Parking, Water Tank) $43,105,000.00 Series 2025 Revenue Bonds $27,940,000.00 Remaining Credit PIF Principal Cap $0.00 TOTAL OUTSTANDING AND REMAINING DEBT BALANCE 10-2025 $76,460,567.21 Interest Rate 1.5% 4.15-5.0% 6.5% TBD Page 2 of 8 ATTACHMENT F OUTSTANDING DEBT: The current outstanding debt is comprised of the remaining Past Developer Advances, 2020 Bonds, and 2025 Bonds. Developer Advances include private debt financing provided by the Developer from 2003 through 2011. The 2020 Bonds refinanced the outstanding debt from early public improvements, including the remaining Past Developer Advances that were accruing interest at 8%, and issued additional debt for new public improvements. Early public improvements included the construction of the 1-70 interchange and construction of Post Boulevard including the crossing under the rail road tracks, construction of the Traer Creek Plaza parking garage, and then as part of the 2012 Settlement, construction of the water storage tank. Recent public improvements include Phase I and Phase 11 of the East Beaver Creek Boulevard improvements and construction of Wagon Trail Road. These improvements also include, the HWY 6 roundabout, Faucet Road, Yonder Road, the northern roundabout/Swift Gulch Road, and installation of water, sanitary sewer and stormwater infrastructure within those roadways to serve the Home Depot, Walmart, and Traer Creek Plaza. The Series 2025 Revenue Bonds, issued in September of 2025, utilized the remaining $8,692,389 in unissued Credit PIF Principal Cap to fund future infrastructure and pay down old, high interest (8%) developer advances. Bond debt must be repaid annually according to a fixed payment schedule established at the time of issuance while past Developer Advances are subject to simple interest and continue to accrue until paid down. The CARADA details a priority payment structure for outstanding debts and sets an annual Operation and Maintenance Budget for Traer Creek Metropolitan District of $450,000 per year. CARADA, Exhibit F. 14. After annual bond payments and funding of general operations and maintenance, any remaining funds must be applied toward outstanding Developer Advances. Due to the financial health of Traer Creek Metropolitan District, a payment of $9,077,575 was made in 2023 to reduce the balance on the 2003 Funding and Reimbursement Agreement. This payment included $3,476,751.84 in principal and $5,600,823.86 in accrued interest. t.urrent uutstanaina ueveioper Havances Description Principal Amount Current Interest Rate Total Accrued Interest Total Outstanding 2003 Funding Agreement 1,541,784.00 1.50% - 1,541,784.00 2006 Operations Funding Agreement 576,310.00 1.50% 458,317.28 1,034,627.28 2007 Operations Funding Agreement 841,980.00 1.50% 589,185.79 1,431,165.79 2008 Operations Funding Agreement 279,116.00 1.50% 178,106.04 457,222.04 2009 Operations Funding Agreement 87,694.00 1.50% 45,874.38 133,568.38 2010 Operations Funding Agreement 122,743.00 1.50% 54,389.72 177,132.72 2011 Operations Funding Agreement 72,682.00 1.50% 26,392.00 99,074.00 Total Outstanding Developer Advances 3,522,309.00 1,352,265.21 4,874,574.21 Page 3 of 8 ATTACHMENT F Developer Advances Paid since 2023 Principal Interest Total Accrued Description Amount Rate Interest Total Paid 2003 Funding and Reimbursement Agreement (2023) 3,476,751.84 8.00% 5,517,000.63 8,993,752.47 2003 Funding and Reimbursement Agreement (2025) 1,018,889.00 8.00% 3,108,211.98 4,127,100.98 2005 Buffalo Ridge (2025) 4,029,786.00 8.00% 6,610,394.71 10,640,180.71 2003 Funding and Reimbursement Agreement Interest Only in 2025 0.00 1.50% 254,395.25 - Total Developer Advances Payments 8,525,426,84 15,490,002.56 23,761,034.16 The outstanding Developer Advances, previously accruing 8% annual interest, were refinanced through the Series 2025 Revenue Bonds. Prioritizing repayment of these advances helps reduce ongoing interest costs. The 2020 Bonds annual payment is $2,875,895. The payment schedule slowly increases through 2049 to $3,076,500 and may vary due to the terms which allow a variable interest rate between 4.15% and 5%. The Series 2025 Revenue Bonds require annual interest -only payments of approximately $1.6 million through 2048. Beginning in 2049, annual payments will increase to about $4.6 million. The bonds are callable starting in 2030. Assuming PIC Fees from existing development total at least $6,000,000 annually beginning in 2026, the projected use of revenues would include approximately $3,000,000 for the 2020 Bond, $1,606,550 for the 2025 Bond, and $450,000 for Traer Creek Metropolitan District's annual operations. This would leave an estimated $900,000 per year available to pay down outstanding debt obligations. COST TO TOWN: Avon has an obligation to provide Municipal Services. Paragraph 4.1 of the CARADA states, 4.1 Municipal Services. The Town shall have the ongoing responsibility and obligation to provide all municipal services to the Property and the Project including, without limitation, police protection, snow removal and road maintenance, maintenance (including repair and replacement) of streetscape improvements and landscaping within public road rights -of -way, bus transportation services, asphalt overlay of public roads, building code enforcement and other administrative services equivalent (except as expressly Page 4 of 8 ATTACHMENT F modified or qualified by Sections 3.3(b), 3.4, 4.2(c) and 4.2(d)) to those services provided to any other area of the Town on a uniform and non-discriminatory basis (collectively, the "Municipal Services"). The Parties acknowledge the Town provides public transit services as part of the Municipal Services based on a variety of factors including demand, the Town's transit planning policies, funding availability and similar considerations and, accordingly, does not provide public transit service within all areas of the Town or make a representation or commitment regarding when and to what extent the Town may provide public transit service within the Property. As such, the Town shall not deny any Development Application based on a lack of transit services or the inability of the Town to provide transit services, and no approval of a Development Application shall be conditioned upon any party or entity other than the Town providing transit services. The Town's receipt of Municipal Payments during the Term as generally described in Section 6.5, together with the additional revenues described in Section 6.16, is in consideration of the Town's providing Municipal Services. The Municipal Payments and additional revenues described in Section 6.16 shall be conclusively deemed and construed to fully offset the Town's cost of performing its Municipal Services obligations pursuant to this Development Agreement, such that no Party shall assert or claim that such Municipal Payments revenues are either inadequate or excessive, no Party shall assert or claim any right to an increase in or a reduction of such Municipal Payments revenues, and the Town shall not withhold, suspend or terminate the provision of any of the Town's Municipal Services obligations pursuant to this Development Agreement. [Emphasis added]. After expiration of the Term, the Town shall continue to provide Municipal Services in accordance with the Town's general obligation to provide municipal services throughout the Town. The Municipal Payments referenced above are comprised of revenues generated for the 0.75% Add -On PIF on retail sales transactions that the PICs, Service District, VMD and TC agreed to impose in 2023. The Town receives 100% of the net revenues generated from imposition and collection of the 0.75% Add -On PIF to offset its cost of providing Municipal Services. The emphasized statement is intended to clarify that neither Avon nor Traer Creek can assert that Municipal Payments are too high or too low for the purposes of performance and compliance with the terms of the CARADA. This cost analysis is not intended to suggest non-compliance with terms of the CARADA; rather, it is meant to illustrate the current financial status of revenues received and services provided for the purposes of budgeting and financial planning. There are more layers of fiscal modelling and analysis that are not conducted in this report, including recognition that residential properties generate very little revenue directly but are a source of retail spending that boosts sales at commercial properties. Avon's direct revenue sources from development at the Village (at Avon) include the .75% Add -On PIF, the "tax on the PIF" (Avon's 4% sales tax applied to the PIC's 4% PIF and the .75% Add -On PIF), share -back of 15% of the Eagle County one cent sales tax, Avon's property tax, building permit fees and other development related fees. Building permits are one-time revenues and are not recurring each year. Page 5 of 8 ATTACHMENT F Direct Revenues (2024): The following table depicts Direct Revenues received from the Village (at Avon): Direct Tax Revenues from Village (at Avon) Add -On .75% PIF $ 1,050,161 Avon Sales Tax on PIC Sales Fee $ 266,041 Eagle County Sales Tax 15% rebate $ 327,650 Property Tax $ 206,224 TOTAL 1,850,075 Expenses (2025): The following table indicates direct expenses incurred by Town of Avon to provide Municipal Services. The primary municipal services provided are Police, Transit and Street maintenance (Attachment F). Avon also provides many other indirect services that benefit the general public, including administration, finance, human resources, Community Development planning, Community Housing, free community concerts, arts and culture, improvements and programming at Harry A. Nottingham Park, climate action investments and programs and the recreation facility. Direct Services Police $ 794,418 Transit $ 576,883 Road Maintenance $ 667,328 TOTAL $ 2,038,629 NET $ (188,554) Direct Revenues with Spring Hill Suites and Bosk Apartments $ 2,000,075 (includes estimated $151,000 in taxes and fees that Town collects, building permits are excluded) Direct Services (with Bosk Apartments) Police $ 1,004,418 Transit $ 576,883 Road Maintenance includes Cresent Hill Road $ 667,328 TOTAL $ 2,248,629 NET $ (248,554) Capital Improvements: Avon invests in capital improvements in addition to providing municipal services in the Village (at Avon). Under the CARADA, an Asphalt Overlay Escrow Fund was established with contributions from Avon, Traer Creek Metropolitan District and Traer Creek to support street overlay and repairs in the Village (at Avon). This fund was used for the overlay of Fawcett Road and Yoder Road and is now depleted. Under the CARADA, Avon is responsible for maintaining streets, streetscape and Page 6 of 8 ATTACHMENT F landscaping in public rights -of -way, as well as constructing and maintaining parks such as PA-B and P1. Planned capital improvements over the next three years include the following: Capital Improvements P1 Trail Grading estimate $ 250,000 Retaining Wall Repair $ 100,000 Post Blvd Overlay estimate for 2027 $ 2,750,000 Nottingham Puder Ditch Head ate estimate $ 1,575,000 Irrigation estimate $ 75,000 TOTAL $ 4,750,000 Although neither PA-B nor P1 has been fully designed, a general rule of thumb estimates park construction costs at approximately $1.5 million per acre. This cost estimate can vary depending on the proportion of the park dedicated to playfields and natural landscaping versus built structures for recreational and public use. P3 (the large regional park area to the north of Spring Hill Suites) is not included in this cost estimating. Park Construction PA-B Park 4 acres x $1.5M/acre $ 6,000,000 P1 Park 3 acres x $1.5M/acre $ 4,500,000 TOTAL $ 10,500,000 The Capital Improvements Fund may be used to finance the development of parks and other capital projects within the Village (at Avon). This fund is supported by revenues from the Real Estate Transfer Tax ("RETT"). Avon has pledged RETT revenues to fund public improvements under the CARADA agreement. As a result, capital improvements in the Village may be financed using RETT revenues generated from properties outside the Village at Avon. A potential alternative revenue source for capital improvements is tax increment financing through the Avon Downtown Development Authority. The amount of tax increment financing revenues is dependent on the timing and valuation of new construction in the Village (at Avon). AVON DOWNTOWN DEVELOPMENT AUTHORITY: The Town of Avon formed the Avon Downtown Development Authority ("Avon DDA") in fall of 2023. PA -A PA-B, PA-C, PA-D, PA-E, PA-J and P1 are within the boundaries of the Avon DDA. The Avon DDA captures increased property taxes from new construction, known as tax increment financing ("TIF"). The Avon DDA is generating approximately $350,000 in TIF revenue annually. The TIF revenue is projected to increase as the development of the area continues. This will include a national grocery store, and apartment complex and a residential housing condominium building. The Avon DDA states that at least 50% of its revenues must go to Community Housing. The DDA is currently contributing to the construction of the Eagle Valley Childcare Center. This support includes an annual contribution of $200,000 in 2025 and 2026. The Avon DDA TIF revenues are likely to be important and appropriate for the development of Community Housing on PA-E and for the development of parks and public amenities on PA-B and P1. Page 7 of 8 ATTACHMENT F NOTE: The Avon DDA also captures Avon's property tax in portions of the Village (at Avon) such that future construction will not increase Avon's property tax revenues to support Municipal Services. FINANCIAL CONNECTION: Additional development in the Village (at Avon) will enhance the annual revenues that are pledged to repayment of outstanding debts and the repayment of issuance of the remaining authorized debt. Specifically, additional revenue generating development in the Village (at Avon) will accelerate the satisfaction of the Town's tax credit pledge. Additional retail development will also enhance the .75% Add -On PIF and .15% County Sales Tax rebate revenues. Thanks, Paul Page 8 of 8 ATTACHMENT G From: Bobby Banks To: Matt Pielsticker Subject: Public Hearing Notice Sent to adjacent property owners Date: Tuesday, November 4, 2025 11:50:33 AM Dear Matt, As yours is the only email on the letter please accept and share my "2 cents" regarding the November 10th hearing. I would request that the planning and zoning or town council, whomever is in charge of the varience, require that 3 evergreen trees and 2 fast growing cotton less cottonwood trees, be planted and maintained for each unit in the complex that would require height increases or setback changes, with a minimum of (15) 8' minimum height trees planted along the back boundary of the properties. This should be a requirement for each parcel. Thank you for your consideration, Robert Bank 5147 Eaglebend Drive From: Craig Ferraro Sent: Friday, November 7, 2025 4:40 PM ATTACHMENT G To: Matt Pielsticker Jena Skinner Subject: Village (at Avon) PUD Amendment Matt/Jena, Please forward this email to the members of the Avon Planning Zoning Commission. Thank you, Craig Members of the Avon Planning Zoning Commission, Thank you for your service to Avon and the Vail valley. This week you will hear a request for zoning modifications and a request for another extension of timing for Vested Property Rights. I urge you to reject this open ended and unnecessary request, Traer Creek should develop what has previously been agreed to upon the timeframe that has been more than adequate. A brief, incomplete history of the Village (at Avon) PUD and then some discussion on the three requests; additional density, additional height and additional time for their vested rights. HISTORY The PUD was approved in October 1998 after review and compromise on the development by the Town of Avon and its citizens. At that time the density, height and vesting period were agreed to, with a vesting period of 30 years being significantly longer than most PUD vesting periods granted in Colorado. This PUD required Traer Creek to provide affordable housing, significant community benefits and an annual Minimum Sales Tax Guarantee. Traer Creek, despite getting this favorable PUD, had no concrete development plan or any development knowledge. This resulted in an extremely slow development resulting in financial pressure on their metro district bonds. In 2010 Traer Creek quit paying the Minimum Sales Tax Guarantee resulting in lawsuits between Traer Creek and the Town of Avon. In 2014 the Town, looking to hopefully move the development forward, settled with Traer Creek. This settlement resulted in the Town giving up on significant community benefits and the Minimum Sales Tax ATTACHMENT G Guarantee as well as granting an 11-year extension of vesting rights, for a total of 41 years which is unheard of in Colorado. Despite this settlement Traer Creek still was not able to develop at any significant rate. As a point of reference, look at Eagle Ranch whose PUD was also approved in 1998, to see how a development should be done. This development was completed years ago with over 1,200 residential units, significant retail spaces and tax dollars, a public school, senior housing, medical center, golf course, bike and hiking trails, ice rink, etc. And the Town of Eagle did not give up any of the property or sales taxes to help with this development. So, here we are 27 years after the PUD approval, with Traer Creek asking for more height, wanting more density, more height and of course not wanting to actually develop so asking for another 20 years of development rights. We will look at each of these individually but nothing in the past suggests that Traer Creek now has the knowledge or financial wherewithal to actually develop anything and should not be granted these PUD amendments Additional Height The Town of Avon master plan calls for height in the center of Town with the maximum height decreasing as you move off of Avon Road. This has resulted in the Westin, Wyndham and Sheraton being 100 feet and then heights dropping from these. Now you are being asked to increase height in Planning area A from 55 feet to 60 feet and approve a 110 foot building (double the height currently agreed to) on the outskirts of our town center, completely changing the look and feel of the east side of Avon. From here Traer Creek is then asking that there be additional height in planning area C and D, going from 48 feet to 74 feet. The justification for this appears to be that you granted additional height on planning area A so why not give it to us on C and D as well. I do not see any justification to allow for this additional height and recommend that the commission deny this request. Additional Density Density and height were of significant concern for the Eaglebend neighborhood during the initial PUD agreement. For Planning area C and D, it was agreed to limit the density to 18 units per acre and height to 48 feet. Now, after 27 years, Traer Creek is asking to more than double the density and increase the height to 74 feet, over 50% taller.. This will totally change the feel for the area, exactly what the neighborhood feared 27 years ago. For reference, here is the Al generated response to "please describe a 18 unit per acre development versus as 40 unit per acre development". After reading this I don't see how anybody could claim that these differences are not significant and not at all what was agreed to in either the PUD or CARADA. 18 Units Per Acre (Medium Density) Housing Types: This density is typically achieved with attached homes such as townhouses, duplexes, row houses, or walk-up style garden apartments, generally two to three stories in height. ATTACHMENT G • Physical Appearance: Development at 18 units per acre can include a combination of surface and garage parking, and can still incorporate generous open space, private yards for each unit, recreational features, and protected natural areas. Neighborhood Character: It provides a balance between individual private space and shared community amenities. The buildings are generally smaller in scale, fitting well into many suburban or semi -urban areas. • Infrastructure: This density requires less intensive infrastructure than 40 units per acre but still supports some community services and local transportation. 40 Units Per Acre (High Density) • Housing Types: This density is generally achieved with multi -family apartment buildings or condominiums. These buildings can range from small walk-ups to mid -rise structures (4-10 stories) depending on the specific design and zoning height limits. • Physical Appearance: This density results in a much greater intensity of land use, with a higher floor -to -area ratio. There is significantly less private open space per unit, often replaced by shared public spaces, balconies, and possibly underground or structured parking. • Neighborhood Character: The environment is distinctly more urban, with more people per acre, which can support a richer array of on -site and local services, retail, and public transit options. • Infrastructure: It requires more robust infrastructure (utilities, roads, public transit) due to the higher concentration of residents. Specifically, the additional density request does not meet the criteria for a PUD amendment for criteria 5 or 6 and to suggest they do is an insult to the neighbors who worked with the developer to protect the Look and feel of their neighborhood 27 years ago. There have been significant successful developments in the valley at 18 units per acre, Miller Ranch being an excellent example of such development. This is the type of development which would be great for Avon and the Vail Valley, we should not allow them to change from this development. I do not see any justification to allow for this density change and recommend that the commission deny this request. Vesting Rights Extension of 20 years A 41 year vesting rights time period is extreme, adding an additional 20 years is insane. No competent developer needs this amount of time, even if there are significant setbacks. If what the Town of Avon wants is additional housing built in the Valley allowing Traer Creek to delay for another 20 years will not achieve this goal. There is no need to make this extension now, let Traer Creek actually begin to develop the land north of 1-70 (as they said they would 25 years ago) and then decide if an extension is necessary. Bottom line, there is no compelling reason for the Traer Creek PUD amendment requests. Planning Area A can stay at 55 feet, with a special approval of an 80 foot building, Planning Area C and D can stay zoned as previously agreed to, and Traer Creek will have 14 years to complete the development that they received approval on 27 years ago. ATTACHMENT G Sincerely, Craig Ferraro 3860 Eaglebend Drive Avon, CO ATTACHMENT G From: Walter Dandy Sent: Saturday, November 8, 2025 11:07 PM To: Matt Pielsticker Subject: new concessions for Traer Creek Thanks for the notice of the meeting on Nov. 10. 1 certainly want to be there. I am fascinated to learn why we would consider granting more height, smaller set backs, greater density, or extended vesting to the developers. I hope concern over quality of life in our town becomes a factor in the discussion. I reluctantly must complain that the map you furnished is difficult to learn from. It is tiny and the words are unreadable and there are no recognizable landmarks to work from. I can't tell what is north. Can't even make out the railway. Could you possibly email out a better map so the citizens might understand what is at stake? Do the creators of the notably dreadful Piedmont have the temerity to suggest we need more of any such wreckage to our environment? Sorry to sound so disappointed, but I am not feeling too dazzled by decision making in Avon since we moved in in 1993. Bigger may not always be better; greed not always good. I am resigning myself to the reality that we are putting 145 pre school children on the only site in Avon where they could possibly all die at once because of an existing hazard. And that is after it was rejected by Mayor Wolfe for a school site because of the high pressure interstate gas line surface facilities. He desperately wanted a school site, but he wanted his grandchildren to be safe. Matt, why do you think Traer Creek is so persistently generous with that parcel in fulfilling their obligations. It is infinitely more dangerous than the Camp Mystic site on the Guadalupe River. In any case, I applaud your effort in including a color map, but I would be grateful for an even more instructive one. Best regards, Walter Dandy 3868 Eaglebend Drive Avon ATTACHMENT G From: Mike and Monica Sent: Sunday, November 9, 2025 7:41 PM To: Matt Pielsticker; Jena Skinner; Mike Bahr Mike and Monica Subject: Opposition to the Traer Creek Village at Avon PUD Amendment Hello Matt and Jenna Please forward this email to the members of the Avon Planning Zoning Commission. Dear Members of the Avon Planning and Zoning Commission, We are writing to respectfully request that you deny the proposed Traer Creek Village at Avon PUD Amendment to increase height and density on the parcels located behind our home on Eaglebend Drive. As long-time locals of the valley, we felt incredibly fortunate when we purchased our dream home in 2016 in one of Avon's most peaceful and beautiful neighborhoods. The quiet character of Eaglebend Drive and the surrounding community was a major factor in our decision to settle here. Unfortunately, over the past several years, the tranquility of our neighborhood has been disrupted by continuous grading, regrading, and prolonged construction noise from nearby developments such as the Piedmont Apartments. The constant banging, sawing, and heavy equipment operations have gone on for months at a time, making it difficult to enjoy the peaceful environment we once cherished. We are deeply concerned about the proposal to extend the PUD term for another 20 years. It is discouraging to think that the neighborhood could face decades more of noise and construction impacts without relief. We hope for the opportunity to once again enjoy the peace and quiet that drew us to this community. When we purchased our home, we understood that the Village at Avon plan allowed for buildings no taller than 48 feet on Parcels C and D. Even that height is substantial given that the land north of the railroad tracks sits significantly higher than our lot on Eaglebend Drive. Increasing the allowable height and density would have a serious and lasting impact on neighboring properties, views, and quality of life. Although we are unable to attend the hearing in person due to being out of town caring for an aging parent, please accept this letter as our formal opposition to the proposed PUD Amendment. We strongly urge the Commission to maintain the existing zoning parameters and protect the character and livability of our neighborhood. Thank you for your time and thoughtful consideration. Sincerely, Monica Borsch Bahr and Michael Bahr 4995 Eaglebend Drive, Avon, CO ATTACHMENT G From: Ian Bruce Sent: Monday, November 10, 2025 12:44 PM To: Matt Pielsticker Subject: Traer Creek Public Comment Members of Avon planning and zoning commission: My family and I have lived at 4040 Eaglebend B for almost 20 years. We are supportive of the Traer Creek development how it was approved by the existing PUD. We feel the request to increase the building height will negatively affect and is incompatible to our neighborhood. Please consider our request to deny the application. Thank you for your consideration, Kris and Ian Bruce Sent from my iPhone ATTACHMENT G From: Juergen Kliem Sent: Monday, November 10, 2025 12:10 PM To: Matt Pielsticker; Jena Skinner Cc: Karin Kliem Subject: Urgent: Would you please forward our email in regards to the P & Z meeting today To all Members of the Avon Planning Zoning Commission, Thank you for your service to Avon and the Vail valley. Additional Height Traer Creek is asking that there be additional height in planning area C and D, going from 48 feet to 74 feet. No specific justification is provided to allow for this additional height and therefore we recommend that the commission denies this request. Additional Density Density and height were of significant concern for the Eaglebend neighborhood during the initial PUD agreement. For Planning area C and D, it was agreed to limit the density to 18 units per acre and height to 48 feet. Traer Creek is asking to more than double the density and increase the height to 74 feet, over 50% taller.. Both, Heigth and Density will totally change the look and feel for the area. Therefore we recommend to deny those changes in planning area C and D. Best Regards Juergen Kliem Karin Kliem ATTACHMENT G Nov. 10, 2025 Dear Planning and Zoning Commission, In 2014, 1 was one of many citizens who participated in supporting the Town during the contentious former Amendment of the Traer Creek PUD. At the time, the Town and Traer Creek were embroiled in a law suit created when Traer Creek had stopped paying the Town the required tax monies per the initial agreements with the Town. Citizens sat through hours and hours and hours of public hearings, P & Z meetings, Town Council meetings, land use discussions, oratory from Traer Creeks attorney, bond sessions, BHP bank analysis, etc. These meetings lasted over many months. During that time certain land use density and height decisions were agreed upon between the the Town Council and Traer Creek and the citizens. Specifically, land use, density, and building height was of concern to residents living on the Valley floor. Much time was spent reaching compromises on the the amended agreement. Certain conditions were agreed to between the Town, Traer Creek and citizens. That said, it feels like we are being subected to a bait and switch. Things everyone agreeed to are being thrown out the window. The developer keeps coming back for more and more. What about the people of Avon who have been paying taxes to the Town for decades? Do we count? Specifically the changes to Parcel D have significant negative impacts on the residents of Eaglebend Drive. The land use and density on Parcel D was intentionally designed to provide a transition from detached homes to Traer Creek. It was designed to provide a variation in housing denisty and type as required by the review criteria. Please restore the agreed upon density, height and parcel boundaries. Please deny the Amended PUD. The amended PUD fails to comply with the following REVIEW CRITERIA. Criteria 1. Increased choice of living and housing\environments. Please Deny The PUD Amendments do exactly the opposite. By increasing the building heights to 60' and density on Parcel D from 18 per acre to 40 per acre, the PUD eliminates a less dense option for housing that could provide housing such as town homes or condos similar to Stone Bridge or Canyon Run for permanent residents. Not everyone wants to live in a 5-10 story apartment building. Criteria 4. Who knows if it complies? Facilities and services (including roads, and transportataion water, gas, electric, police, and fire as applicable) will be available to serve ATTACHMENT G the subject property. This is just not a matter of someone's opinion. Where are the numbers and studies showing how many people the development will produce on the Valley Floor? What additional police will be needed? Can the valley floor traffic circles handle the additional resident vehicles during high use times such as ski traffic in the morning and afternoon? Where are the ameded studies? 6. Does not comply. Please Deny. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts in the vicinity of the subjec tract. The increased height and density will definitely cause adverse impacts on the homes on Eaglebend Drive : loss of views, light pollution, noise, and tall buildings looking into their homes and yards. 7. Does not comply. Please Deny. Future uses on the subject tract will be compatible in scale with uses or potential uses on other properties in the vicinity of the subject tract. The homes on Eaglebend Drive backing to the PUD Parcel D are approximately 30' high and are detached homes. 60' buidings sitting on higher ground with 40 per acre are not compatible. I have reviewed the Traer Creek PUD ammendments and CARDA to the extent possible over the past several days. The 284 page packet is a bit more than any normal citizen can synthyize in a few days time even though I spent several hours a day over four days reading and cross referencing. I am assuming (hoping) you all had a similar experience. I request that tonight's Public Hearing be continued and there be a second opportunity for input and information gathering after staff gives their presentation and citizens have a chance to speak and you have a chance to ask questions. There is so much hereto understand and consider and until residents thorougly understand the information it is difficut to testify in a meaningful way. A recent press release from Traer Creek indicates this amendment has been in the works for three years. Did anyone during that time think to reach out the the neighborhoods whose homes immediately abut the Traer Creek Property? Bette Todd 4920 Eaglebend Drive Avon, CO 81620 AVON PLANNING & ZONING COMMISSION Meeting Minutes Avon Monday, November 17, 2025 C O L O R A D O Public Meeting Begins at 5:30 PM 1. Call to Order and Roll Call (Chairperson) — 5:30 PM Meeting commenced at 5:30 PM. A rollcall was taken, and Planning Commissioners Brad Christianson, Carly Hansen, Brian Sipes, Rick Sudekum, Elizabeth Waters, Nancy Tashman and Nicole Murad were present. Also present were Director of Community Development Matt Pielsticker, Planning Manager Jena Skinner, Town Attorney Betsy Stewart, Town Manager Eric Heil, and Development Coordinator Emily Block. 2. Approval of Agenda ACTION: Commissioner Tashman made a motion to approve the agenda. Commissioner Christianson seconded the motion, and the motion passed unanimously 7-0. 3. Disclosure of any Conflicts of Interest or Ex-Parte Communication Related to Agenda Items Commissioner Hansen mentioned that she will be recusing herself during agenda item 6.1 MJR250031DEB25001 The Summit at Avon. 4. Public Comment — Comments are Welcome on Items Not Listed on the Following Agenda Public Comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Planning and Zoning Commission approval. 5. Work Session 5.1. Nottingham Park Plan — Jena Skinner, Planning Manager 6. Public Hearing 6.1. MJR250031DEB25001 The Summit at Avon — Jena Skinner, Planning Manager Commissioner Hansen recused herself from the meeting. Tony Emrick, Avon Center made a public comment Amy Phillips made a public comment Sean Reynolds made a public comment Brian Smith made a public comment Ron Lilischkies made a public comment Commissioner Sipes mentioned for the record that there were a couple of written comments submitted, which were included in the packet. MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. ACTION: Commissioner Sipes made a motion to continue both applications MJR25003 and DEB25001 to the December 8th Planning and Zoning Commission meeting. Commissioner Sudekum seconded the motion, and the motion passed unanimously 6-0. 7. Consent Agenda Commissioner Hansen re -joined the meeting. 7.1. Record of Decision — REZ25001 Slopeside Lot 2 Rezoning 7.2. November 10, 2025 Planning and Zoning Commission Meeting Minutes ACTION: Commissioner Christianson made a motion to approve the consent agenda. Commissioner Murad seconded the motion, and the motion passed unanimously 7-0. 8. Future Meetings 8.1. December 8, 2025 9. Staff Updates 10. Adjourn The meeting was adjourned at 8:00 PM. MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 2026 PZC Calendar n ,von C 0 L 0 R A D 0 Sun Mon Tue Wed Thu Fri Sat ----M©© mamaamm m ®mama mamma®® a mama® ------- April Sun Mon Tue Wed Thu Fri Sat ©mmmamm ®_ mamma aamaama m - amamw July Sun Mon Tue Wed Thu Fri Sat mamma©© ®mamamm a mamma aa®aaa® a a®amm mmmmmmm October Sun Mon Tue Wed Thu Fri Sat ----a©© mamaaam m mamma aaa®aaa ® as®am mmmmmmm Sun Mon Tue Wed Thu Fri Sat ma©mam© m maamm ammamaa 7May'mmm Sun Mon Tue Wed Thu Fri Sat ®m©mama m mamma mesa®a® ®®m®a®a August Sun Mon Tue Wed Thu Fri Sat o mamma amaaama a amaa® nwmmmmm November Sun Mon Tue Wed Thu Fri Sat ma©®©ma Q mamma ® mama® ®®a®m®a Sun Mon Tue Wed Thu Fri Sat m©am©mp o mm®®a ®amaaam a _ a®maa ®a®---- mmmmmmm June Sun Mon Tue Wed Thu Fri Sat ©©m©0 a Unman ®®a®aaa ® am®aa aaa---- ------- September Sun Mon Tue Wed Thu Fri Sat mma©©m© mannamm ® I mama a ®a®a December Sun Mon Tue Wed Thu Fri Sat --ma®m© o Ioommm mmmmmma a®aaaam aamammm mmmmmmm