TC Packet 01-13-2026 Part 1_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST.
REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, January 13, 2026
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or
virtually through Zoom, Zoom registration is on the header at Avon.org
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. CONSENT AGENDA
5.1. Approval of December 9, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. Approval of Intergovernmental Agreement with Upper Eagle Regional Water Authority
Concerning US6 Median Irrigation Taps and Meter Pits (Senior Engineer Will Kearney)
5.3. Approval of Intergovernmental Agreement Core Transit & Avon for ARTF (Mobility Manager Jim
Shoun)
5.4. Approval of Intergovernmental Agreement with State of Colorado for 2026 5311 Operating
Subaward Agreement (Mobility Manager Jim Shoun)
6. BUSINESS ITEMS
6.1. PUBLIC HEARING (QUASI-JUDICIAL): ORDINANCE 26-02, First Reading: PUD23002 |
VPR23001 Village at Avon PUD Amendment & Vested Rights Extension (Community
Development Director Matt Pielsticker)
6.2. PUBLIC HEARING - ORDINANCE 25-18 Second Reading: Parking Regulations on Private
Property (Town Clerk Miguel Jauregui and Town Attorney Nina Williams)
6.3. PUBLIC HEARING (QUASI-JUDICIAL): MJR25003 | DEB25001 The Summit at Avon (Planning
Manager Jena Skinner)
6.4. PUBLIC HEARING - ORDINANCE 26-01, First Reading: Rezoning Slopeside Parcel (Housing
Planner Patti Liermann)
6.5. ORDINANCE 26-03, First Reading: Graywater Prohibition (Engineering Director Eva Wilson
and Assistant Town Attorney Michaela Szilagyi)
7. WRITTEN REPORTS
7.1. December 8th PZC Meeting Minutes (Development Coordinator Emily Block)
7.2. December 11th UERWA Board Meeting Summary (Mayor Tamra Underwood)
7.3. Biannual Investment Update (Chief Financial Officer Paul Redmond)
7.4. Year-End Sustainability Updates (Sustainability Manager Charlotte Lin)
7.5. Quarterly Public Operations Report (Public Operations Manager Gary Padilla)
7.6. Turkey Trot Event Recap (Senior Special Events Coordinator Chelsea Van Winkle)
_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST.
REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. EXECUTIVE SESSION
9.1. For the purpose of purchase, acquisition, lease, transfer or sale of real estate pursuant to CRS
24-6-402(4)(a) and for the purpose of determining negotiating positions, developing strategy for
negotiations, and instructing negotiators pursuant to CRS 24-6-402(4)(e)(i) concerning a potential
acquisition of property for Community Housing (Town Manager Eric Heil)
10. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall
permit public comments during any agenda item and may limit public comment to three minutes per individual,
which limitation may be waived or increased by a majority of the quorum present. The timer for public
comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public
Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution
No. 24-17.
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JANUARY 13, 2026
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. PUBLIC HEARING (QUASI-JUDICIAL) FOR RENEWAL
5.1. APPLICANT: SAUCE ON THE CREEK LLC D/B/A SAUCE ON THE CREEK
LOCATION: 0101 FAWCETT ROAD, #100
TYPE: HOTEL & RESTAURANT (CITY)
MANAGER: DEB APPLEGATE
6. APPROVAL OF THE MINUTES FROM OCTOBER 14, 2025 LIQUOR LICENSING AUTHORITY MEETING (AUTHORITY
SECRETARY MIGUEL JAUREGUI CASANUEVA)
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (AUTHORITY DEPUTY SECRETARY BRENDA TORRES)
8. ADJOURNMENT
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk | Liquor Licensing
Authority Deputy Secretary
RE: PUBLIC HEARING (Quasi-Judicial) for Liquor License Renewal
Application – Sauce on the Creek LLC d/b/a Sauce on the Creek
DATE: December 30, 2025
SUMMARY: Sauce on the Creek LLC d/b/a Sauce on the Creek, as the Applicant, is applying for a Liquor
License Renewal.
The Applicant has submitted the appropriate materials and fees required by the State of Colorado Liquor
Enforcement Division. A background check from the Deputy Town Clerk and the Avon Police Department
reveals no criminal background check for the manager, but a liquor violation made by an employee. The
executed Stipulation, Agreement, and Order #SA 25-GJ-110 was received from the Liquor Enforcement
Division on June 30, 2025. These documents are on file in the Town Clerk’s office.
BACKGROUND: Section 44-3-302, C.R.S., provides guidelines for liquor licensing renewals, which
applications are made to the Local Licensing Authority. The Deputy Town Clerk has reviewed the
application submitted and referenced above and found the materials in order. The violation is described as
follows:
Sauce on the Creek LLC d/b/a Sauce on the Creek:
Sauce on the Creek has been the subject of an investigation conducted by the Colorado Department of
Revenue Liquor Enforcement Division. Agents of the Division allege violation of the Colorado Liquor Code,
Section 44-3-901(1)(b)(I).
On May 15, 2025, this Licensee, through its employee/agent Alexandra Marie Wagner, permitted the
selling, serving, giving, or procuring of an alcohol beverage (one 12-fluid-ounce bottle of Blue Moon Belgian
White malt liquor) to a nineteen-year-old Liquor Enforcement Division underage purchaser without verifying
an identification, in violation of the above statute.
The manager and representatives have been invited to attend the Liquor Licensing Authority meeting.
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider the following liquor license application for renewal. A public
hearing is required before final action is taken.
Applicant Name: Sauce on the Creek LLC d/b/a Sauce on the Creek
Location: 0101 Fawcett Road #100
Manager: Deb Applegate
Permit Type: Hotel & Restaurant (City)
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the liquor
license renewal application for Sauce on the Creek LLC d/b/a Sauce on the Creek.”
Thank you, Brenda
Page 2 of 2
LIQUOR LICENSE RENEWAL APPLICATION ATTACHMENTS:
The Applicant for the renewal application has submitted the following materials:
✓ Attachment A: Application for Liquor License Renewal (State form DR 8400)
ATTACHMENT A
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, OCTOBER 14, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Chair Tamra
N. Underwood called the October 14, 2025, Avon Liquor Licensing Authority Board Meeting to order at 5:00 p.m.
A roll call was taken, and Board Members present in person were Ruth Stanley, Gary Brooks, Kevin Hyatt, Vice-
Chair Richard Carroll, and Chair Tamra N. Underwood. Board Members absent were Chico Thuon and Lindsay
Hardy. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief
Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Board Secretary Miguel Jauregui
Casanueva, and Board Deputy Secretary Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:35
Chair Underwood initiated the meeting with the agenda approval process. Vice-Chair Carroll motioned to approve
the Liquor Licensing Authority Agenda, as presented. Board Member Brooks seconded the motion. The motion
carried unanimously with a 5-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:00
Chair Underwood inquired whether any Board members had conflicts of interest related to the Agenda and no
conflicts were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:10
Chair Underwood explained that public comment can be made by participating in the meeting in person, via
zoom’s video/audio, via telephone, or via email. She added that the public comment section is intended for items
not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there
was any public comment from those present in the room or virtually and no public comment was made in person
nor virtually.
5. PUBLIC HEARING (QUASI-JUDICIAL) FOR RENEWAL
Video Start Time: 00:01:43
5.1. Applicant Name: Dillon Companies LLC d/b/a City Market #26
Location: 72 Beaver Creek Place
Type: Fermented Malt Beverage and Wine (City)
Manager: Alicia Samuels
Deputy Secretary Brenda Torres presented the findings for the renewal application, noting a violation reported
within the twelve months prior to this renewal. Secretary Jauregui provided a presentation on the renewal
application, which included a timeline of the violation. City Market attorneys Adam Stapen and Ally West
participated virtually to address the Board’s questions, joined by City Market #26 Store Manager Alicia
Samuels. They answered inquiries regarding staff retraining and the fine assessed by the State for the violation.
Chair Underwood opened the public hearing; no public comments were received, either in person or virtually.
Board Member Hyatt made a motion to approve the application, which was seconded by Board Member
Stanley. The motion passed unanimously with a 5-0 vote of those present.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, OCTOBER 14, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
6. APPROVAL OF THE MINUTES FROM THE MAY 27, 2025 MEETING
Video Start Time: 00:15:25
Board Member Stanley motioned to approve the Minutes from Tuesday, May 27, 2025, as presented. Board
Member Brooks seconded the motion. The motion carried with a 5-0 vote of those present.
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES)
8. ADJOURNMENT
The Avon Liquor Licensing Authority Meeting adjourned at 5:16 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are
not intended to be comprehensive or to include each statement, person speaking or to portray with complete
accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town
Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
____________________________________
Miguel Jauregui Casanueva, Liquor Authority Secretary
APPROVED:
Tamra N. Underwood ___________________________________
(970) 748-4022 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy Town Clerk | Liquor Licensing
Authority Deputy Secretary
Date: January 13, 2026
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background check and there are no liquor code violations during the last year. Renewals require notice to be
posted for seven days, and Special Event Permits for ten days and require the Town Clerk’s Office to accept
comments and/or requests for a public hearing before the Avon Liquor Licensing Authority. In all cases, the
Deputy Town Clerk has the discretion to refer the application to the Avon Liquor Licensing Authority.
The Deputy Town Clerk is required to report administrative approvals, which is the reason for this written report.
Dating back to October 14, 2025, the Town has received 6 renewal and 3 report of changes applications that
have met all the requirements for administrative review and approval and were ultimately approved by the
Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary. No comments, complaints, or request for
hearings were received. They are as follows:
Renewals:
Applicant: Northside Coffee & Kitchen LLC d/b/a Northside Coffee & Kitchen
Location: 20 Nottingham Road Units A & C
Type: Hotel & Restaurant (City)
Manager: James S. Pavelich
Applicant: R&E Enterprise LLC d/b/a Gondola Pizza
Location: 240 Chapel Place #113
Type: Hotel & Restaurant (City)
Manager: Claudiu Popa
Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines
Location: 0101 Fawcett Road #130
Type: Liquor Store (City)
Manager: Peter A. Cuccia
Applicant: Eagle River Liquors, Inc. d/b/a Eagle River Liquors
Location: 1060 West Beaver Creek Boulevard, Units 101 & 102
Type: Liquor Store (City)
Manager: Clayton Williams
(970) 748-4022 btorres@avon.org
Applicant: Vail Country Club LLC d/b/a Vail CC
Location: 240 Chapel Place Unit B126
Type: Tavern (City)
Manager: Kenny Thayer
Applicant: WVO Licensing LLC d/b/a Wyndham Resort at Avon
Location: 75 Benchmark Road
Type: Resort Complex (City)
Manager: Pete Reyes
Report of Changes - New Manager and Renewal:
Applicant: Sabor Mazatlan Inc. d/b/a Sabor Mazatlan
Location: 150 East Beaver Creek Boulevard #A-101
Type: Hotel & Restaurant (City)
New Manager: Juan Sebastian Mesa
Applicant: Pyramid Avon Management LLC d/b/a Springhill Suites by Marriott and
Towneplace Suites by Marriott
Location: 1782 Swift Gulch Road
Type: Hotel & Restaurant (City) with Optional Premise
New Manager: Scott Lypson
Report of Changes - Transfer of Ownership:
Applicant: 4Ever Young CO, LLC d/b/a Lily Sushi & Ramen (transfer from China Garden)
Location: 100 W Beaver Creek Blvd. Suite #125
Type: Hotel & Restaurant (City)
Manager: Ming Chen
Thanks,
Brenda
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 09, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Mayor
Tamra N. Underwood called the December 09, 2025, Council Regular Meeting to order at 5:00 p.m. A roll
call was taken, and Councilors present in person were Chico Thuon, Gary Brooks, Lindsay Hardy, Ruth
Stanley, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. They were joined
by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de
Jong, Town Attorney Nina Williams, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul
Redmond, Financial Analyst Chase Simmons, Recreation Director Michael Labagh, Community
Development Director Matt Pielsticker, Housing Planner Patti Liermann, Engineering Director Eva Wilson,
IT Staff Andrew Bare, and Avon Police Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:50
Mayor Underwood initiated the meeting with the Agenda approval process. Councilor Stanley motioned to
approve the Agenda, as presented. Councilor Hardy seconded the motion. The motion carried unanimously
with a 7-0 vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:10
Mayor Underwood asked if there were any conflicts of interest related to the agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:27
Mayor Underwood explained that public comment may be provided in person, via Zoom (video/audio), by
telephone, or by email. She clarified that this portion of the meeting is reserved for items not listed on the
agenda. Comments are limited to three minutes, with an additional minute granted at Council’s discretion.
Members of the public are asked to address Council directly and should not expect a response, as this
time is intended solely for public input.
Mayor Underwood invited comments from those present in the room or participating virtually and requested
that, upon stepping up to the podium, speakers state their name and, optionally, their neighborhood or
Town of residence. Mayor Underwood opened the floor to public comment, and Tim McMahon, resident of
Avon, took the podium in person to state that our Avon law enforcement is amazing. He added that he
received some menacing texts and has never been made to feel safer in an incident involving Police. No
other public comment was made in person or virtually.
5. CONSENT AGENDA
Video Start Time: 00:03:35
Mayor Underwood introduced the approval of the Consent Agenda to include the following:
5.1. ACTION: 5.1. Approval of November 18, 2025 Regular Council Meeting Minutes (Town Clerk
Miguel Jauregui Casanueva)
5.2. ACTION: Authorization to proceed with 2021 Avon Community Housing Plan Amendments
Application (Housing Planner Patti Liermann)
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 09, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
2
Councilor Stanley motioned to approve the Consent Agenda, as presented. Councilor Hardy seconded the
motion. The motion carried unanimously with a 7-0 vote.
6. BUSINESS ITEMS
6.1. PUBLIC HEARING: For The Adoption Of The 2025 Final Revised Budgets, 2026 Operating
Budget, 2026 Capital Projects Fund Budget & Long-Range Capital Program And Tax Levies (Chief
Financial Officer Paul Redmond)
Video Start Time: 00:04:00
Chief Financial Officer Redmond delivered a presentation related to the passage of the following
Resolutions:
o RESOLUTION 25-15, Amending the 2025 Town of Avon Operating Funds Budgets
o RESOLUTION 25-16, Amending the 2025 Town of Avon Capital Projects Fund Budget
o RESOLUTION 25-17, Adopting the 2026 Town of Avon Operating Funds Budget
o RESOLUTION 25-18, Adopting the Town of Avon Long-Range Capital Program and
Simultaneously Adopt the 2026 Capital Projects Fund Budget
o RESOLUTION 25-21, Levying General Property Taxes for the Town of Avon for the
2026 Budget Year
o RESOLUTION 25-25, Levying General Property Taxes for the Avon General
Improvement District No. 1 for the 2026 Budget Year
Mayor Underwood opened the public hearing to public comment, and no public comment was
received in person or virtually. After fielding questions and some brief deliberations, Councilor Brooks
motioned to approve Resolutions 15-15, 25-16, 25-17, 25-18, 25-21, and 25-25, as presented.
Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote.
At 5:23 p.m., Mayor Underwood received unanimous support from her fellow Councilors to declare a
brief recess to allow the Avon Town Council to Convene as the Avon Urban Renewal Authority Board.
At 5:31 p.m. the Council Meeting resumed.
6.2. ACTION: Adoption of the 2026 Council Meeting Schedule (Chief Administrative Officer Ineke de
Jong)
Video Start Time: 00:31:50
Chief Administrative Officer Ineke de Jong presented the proposed 2026 Council Meeting Schedule.
Mayor Pro Tem Carroll recommended moving the October 13 meeting to October 6 to better align
with the school calendar and allow Council participation in MT2030 and CAST events in Idaho that
week. This amendment received unanimous support from the Council. Mayor Underwood opened
the floor for public comment; no comments were received either in person or virtually. Councilor
Carroll moved to approve the amended 2026 Council Meeting Schedule. Councilor Thuon seconded
the motion, which passed unanimously with a 7-0 vote.
6.3. ACTION: Approval of Aquatics Design Build Contract (Town Manager Eric Heil and Senior Engineer
Keith Fraser)
Video Start Time: 00:40:05
Town Manager Eric Heil and Senior Engineer Keith Fraser presented the proposal for approval of
the Aquatics Design Build Contract.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 09, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
3
Councilor Hardy inquired about the number of RFQs received and directed staff to obtain competitive
bids prior to awarding contracts. Councilor Brooks discussed the bidding and procurement process
for design-build projects, noting that the design -build model likely accounted for the limited number
of RFQs. Councilor Thuon asked about contingencies included in the project’s execution. Mayor
Underwood raised questions regarding the project’s cost and design. Mayor Underwood then opened
the floor for public comment; no comments were received, either in person or virtually. Mayor Pro
Tem Carroll acknowledged the lengthy and thorough process, and expressed anticipation for the
project’s completion within budget. Mayor Underwood also thanked the public for their p atience
regarding the pool improvements. Councilor Stanley moved to approve the Aquatics Design Build
Contract, as presented and subject to final staff review. Councilor Hyatt seconded the motion. The
motion passed unanimously with a 7-0 vote.
6.4. ORDINANCE 25-18 First Reading: Parking Regulations on Private Property (Town Attorney Nina
Williams and Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 01:04:55
Town Attorney Nina Williams and Town Clerk Miguel Jauregui Casanueva presented the proposal
for approval of Ordinance 25-18 on first reading, addressing parking regulations on private property.
Mayor Pro Tem Carroll inquired whether the signage standards w ere adequate for large parking
areas and ensured sufficient visibility. Mayor Underwood asked if the signage would include contact
information for the Town in the event of complaints and was informed that the Town had decided
against including such information on signage. Mayor Underwood also provided a list of corrections
for the Town Attorney to incorporate into the Ordinance’s second reading. Councilor Stanley
recommended that maintenance regulations for private parking lots be considered for the second
reading, a suggestion supported by Council. Mayor Underwood opened the floor for public comment;
none was received in person or virtually. Town Manager Eric Heil announced that the second reading
of the Ordinance is scheduled for January 13, 2026. Mayor Pro Tem Carroll moved to approve the
first reading of Ordinance 25-18, as amended by Mayor Underwood. Councilor Thuon seconded the
motion, which passed unanimously with a 7-0 vote.
6. WRITTEN REPORTS
7.1. October 23rd Upper Eagle Regional Water Authority Summary (Mayor Underwood)
7.2. November 17th PZC Meeting Minutes (Development Coordinator Emily Block)
7.3. November 18th Health & Recreation Committee Meeting Minutes (Recreation Director Michael
Labagh)
7.4. November 20th Culture, Arts & Special Events (CASE) Committee Meeting Minutes (Special Events
Coordinator Emily Dennis)
7.5. December 1st Downtown Development Authority Board Meeting Minutes (Chief Administrative Officer
Ineke de Jong)
7.6. Monthly Financials (Senior Accountant Dean Stockdale)
7.7. Grants Update (Deputy Town Manager Patty McKenny)
7.8. Gift Reporting – Birds of Prey (Town Clerk Miguel Jauregui Casanueva)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 01:34:30
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 09, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
4
Councilor Carroll requested Deputy Town Manager Patty McKenny to provide an overview of the grant
funding outlined in her report and commended Staff for securing grants in 2025.
Councilor Thuon inquired with Engineering Director Eva Wilson regarding safety on Highway 6 and
expressed concern about the fragility of the River Edge bus shelter in the event of a vehicle collision. Eva
Wilson stated she would forward Councilor Thuon’s comment to CORE Transit staff. Councilor Thuon also
asked about the possibility of adding lights at the O’Neil Spur Pocket Park and the Pavilion. Additionally,
he questioned whether the railing at the Wildridge hairpin corner requires maintenance or reinfor cement.
Mayor Pro Tem Carroll provided an update on his participation with CORE Transit and noted an upcoming
meeting scheduled for December 10 at Avon Town Hall. He also discussed planned improvements to bus
shelters.
Councilor Brooks reported on an upcoming study and future report regarding behavioral health services
availability within the NWCOG boundary. He requested that Finance staff closely monitor tax revenue
throughout 2026.
Councilor Hardy stated that the installation of medians has already slowed traffic and improved safety on
the Highway 6 project, even prior to the deployment of safety lights. She extended holiday wishes to the
public.
Mayor Underwood encouraged the public to visit coloradogives.org to make a donation. She expressed
appreciation to the HR staff and Chief Administrative Officer Ineke de Jong for organizing a successful
Town Holiday Party, and thanked the Fleet Department for their continued dedication.
9. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the regular
meeting. The time was 6:50 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Underwood ___________________________________
970-977-0063 wkearney@avon.org
TO: Honorable Mayor Underwood and Council members
FROM: Will Kearney, Senior Engineer
RE: IGA – ERWSD Irrigation Taps & Meter Pits
DATE: January 5, 2026
SUMMARY: This report presents to Council the Intergovernmental Agreement between the Town of Avon
and Eagle River Water & Sanitation (“ERWSD”), Avon Mobility Project Irrigation Taps and Meter Pits
(“IGA”). This IGA sets forth an agreement whereby Avon retains ownership & maintenance responsibilities
of the water service lines that were installed as part of Avon’s Capital Improvement Project US 6 Mobility
Improvements (“Project”). Staff request Council approve the IGA with ERWSD.
BACKGROUND: As part of the Project, Avon is installing landscape medians along US6 which require
irrigation to sustain plant growth. The water source for these irrigation service lines are provided at three
separate locations along ERWSD’s water main, each requiring a separate tap and meter, all located within
the roadway. Typically for water taps, ERWSD will retain ownership of the service lines from the valve
installed directly onto ERWSD’s water main (“Corporation Stop”) through the backflow preventer and
Avon would take ownership starting downstream of the backflow preventer. Due to the location of the
irrigation service lines, the required shut-off valves (“Curb Stop”) could not be installed in accordance with
ERWSD Rules & Regulations.
Section 2.10, Appendix B of ERWSD Rules and Regulations state that the “Curb Stop shall be located
within a maximum of one (1) foot the property line or edge of easement, whichever is closest to the water
main, and shall be easily accessible to District personnel.” The Curb Stop’s primary purpose is to allow
ERWSD to turn the water supply on/off downstream of the water main, but before the Water Meter, where
the Water Meter is also located on private property.
For the Project to install irrigation in the landscape medians, the Curb Stop and Water Meter both need to
be located within the medians as well, which results in ERWSD not being able to access the Water Meters
or Curb Stops without additional traffic control and safety equipment. This IGA remedies the accessibility
issue and allows Avon to proceed with the irrigation service line installation.
FINANCIAL CONSIDERATIONS: There are no immediate financial implications, however there may be
costs associated with the IGA in the future. Avon will be responsible for the cost of replacing the entirety of
the service line starting at the Corporation Stop at the end of the service line’s useful life and to reimburse
ERWSD for any additional personnel & equipment costs incurred as a result of the infrastructure
accessibility, including but not limited to Traffic Control. Avon plans to provide Traffic Control in house, but
is prepared to reimburse ERWSD if Avon’s Traffic Control is unavailable.
RECOMMENDATION: I recommend Council approve the IGA between Eagle River Water & Sanitation
and the Town of Avon.
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement between Eagle River
Water & Sanitation and the Town of Avon.”
Thank you, Will
ATTACHMENT A: Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, is made and entered into this 7 day of November 2025, by Eagle River Water and
Sanitation District, a water district of the State of Colorado, hereinafter referred to as "the District," and The
Town of Avon, hereinafter referred to as "the Town."
WHEREAS, the Colorado Department of Transportation (CDOT) is presently the owner of certain
real property described as a right of way located in Eagle County, Colorado, hereinafter referred to as
“Property”; and
WHEREAS, the following three specific accounts are related to this infrastructure: 00019141,
00339860, and 00019140; and
WHEREAS, the Town has acknowledged full responsibility for the cost of future replacement or
repair of the entire service line(s) and connected infrastructure starting at corporation stop on the District’s
water main and any damages which may occur to the Town’s infrastructure, the property in which it is located
on or any other property, person(s) or infrastructure as a result of such infrastructure.
NOW, THEREFORE, in consideration of the covenants and promises herein, the parties hereby
agree as follows:
1. The Town shall indemnify, defend, and hold harmless the District, its officers, directors, and
employees, from and against any and all claims, damages, losses, liabilities, costs, and expenses
including reasonable attorney fees arising out of or related to the location of the water service
infrastructure within the CDOT right of way, any damage to the right of way or third party property,
and any injury to persons resulting from or related to the installation, maintenance, or repair of such
infrastructure. The Town further agrees to be responsible for the cost of replacing the entirety of the
service line starting at the corporation stop on the District’s water main at the end of the service
line’s useful life.
2. Due to the location of the curb stops and meter pits being installed in the median of US Highway
6 by the Town, routine inspections or emergency responses by the District may require additional
time, effort, safety precautions and staffing including but not limited to: Traffic Control, additional
planning and equipment, etc. The Town agrees to reimburse the District for any additional personnel
and equipment costs incurred as a result of the infrastructures accessibility. In an emergency the
District may take whatever measures are necessary to protect public health and the water system.
3. The Town hereby acknowledges that the following accounts 00019141, 00339860, and 00019140
are specifically associated with the infrastructure referenced herein. These account numbers are
provided solely for purposes of identification and reference. Notwithstanding any future changes to
said account numbers, this Agreement shall remain in full force and effect and shall continue to
apply to the infrastructure associated with the above-referenced accounts as identified at the time
of execution of this Agreement.
4. This Agreement shall be appurtenant to the Town and shall bind the successors and assigns of the
Town. The benefits and burdens shall be with the Town, and the burdens, including the obligation
to indemnify, defend, and hold harmless the District, shall be a lien on the Town for the duration of
this Agreement.
ATTACHMENT A
5. In the event that the Town, his/her successor or assign provides notice to the District that the Town,
his/her successor or assign agrees to abandon the water services per District rules and regulations
the District shall record a notice against the Town which shall rescind this Agreement.
6. If and when the Town exercises their right and desire to abandon Eagle River Water & Sanitation
District will provide a letter on their letterhead to the authority controlling the street cut explaining
the necessity to abandon the current tap(s) to comply with the current standards of the Eagle River
Water & Sanitation District.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the
day and year first above written.
Town of Avon:
By
Eagle River Water & Sanitation District:
By
Siri Roman, General Manager
STATE OF ______________ )
) SS
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this day of
2025, by as Owner of
.
Notary Public
My Commission expires:
This map was produced by Eagle River Water and Sanitation
District. Use of this map should be for general purposes
only. ERWSD does not warrant the accuracy of the data
contained herein. Author: JW Date: 10/3/2025
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Station:2003+45
(-106.520195,
39.630415)
±0 50 100 15025
Feet
Proposed Meter Pit
Proposed Irrigation
Irrigated area=
.0659 Acres
Account: 00019141
This map was produced by Eagle River Water and Sanitation
District. Use of this map should be for general purposes
only. ERWSD does not warrant the accuracy of the data
contained herein. Author: JW Date: 10/3/2025
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Station:2027+80
(-106.512435,
39.627413)
±0 50 100 15025
Feet
Proposed Meter Pit
Proposed Irrigation
Irrigated area=
.0111 Acres
Account: 00339860
This map was produced by Eagle River Water and Sanitation
District. Use of this map should be for general purposes
only. ERWSD does not warrant the accuracy of the data
contained herein. Author: JW Date: 10/3/2025
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Station:2041+35
(-106.508146,
39.625724)
±0 50 100 15025
Feet
Proposed Meter Pit
Proposed Irrigation
Irrigated area=
.0534 Acres
Account: 00019140
970-748-4113 jshoun@avon.org
TO: Honorable Tamra N. Underwood and Council Members
FROM: Jim Shoun, Mobility Manager
RE: IGAs Core Transit Lease Agreement
DATE: December 18,2025
SUMMARY: This report provides an overview of the recent modifications to the Intergovernmental
Agreement between the Town of Avon and the Eagle Valley Transportation Authority (“EVTA”), formerly
ECO Transit. The changes reflect the organizational transition and update several operational and financial
terms to ensure clarity and sustainability.
BACKGROUND: Since the Avon Regional Transportation Facility (“ARTF”) was built, ECO Transit has
contracted with the Town of Avon to lease space to park buses as well as provide other services for their
buses including maintenance, fueling and washing. This contract was last modified in 2012. Now that
EVTA has been formed and replaced ECO Transit as the regional transportation authority, this contract
needs to be reworked.
ANALYSIS: Attachment A is the new contract. Throughout the document, all references to ECO Transit
have been updated to EVTA and RTOF has been changed to ARTF. The Recitals section was revised to
reflect the transition from ECO to EVTA. Paragraphs 2-4 in this section, addressing the construction of
ARTF were removed and replaced with wording explaining the transition process. Paragraph 6 was
amended with language allowing EVTA to build its own facility in the future and exit this agreement early.
The agreement’s term has been extended to twenty-five years with an automatic renewal each year. An
early termination provision requiring twenty-four months notice by either party was also added. This
eliminates the need for a renewal term section. Updates to the Premises section include changing the date
for determining service levels to October 1st of each year. Language regarding office space availability was
also added.
Lease payment terms were revised to set costs to EVTA at 2026 levels plus a 3% per year annual
increase. An additional clause permits Avon to raise fees beyond 3% for unusual circumstances if
necessary.
Variable use charges were also updated. The notice date for changes was adjusted. A clause allowing us
to mark-up fuel up to 7.5% in the future was included. Wash services will now increase at 3% per year and
the fleet maintenance 7% discount was removed because that is not offered to Avon Departments or any
other customer.
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement between Eagle Valley
Transportation Authority and the Town of Avon.”
Thank you, Jim
ATTACHMENT A: Intergovernmental Agreement
ATTACHMENT B: 2026 Supporting Costs
ATTACHMENT C: Fleet Maintenance Contract Renewal 2026
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE & SERVICE
AT THE 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY
THIS INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE &
SERVICE AT THE I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY
("IGA") is entered into the ___________ day of 2026, between Eagle Valley
Transportation Authority (the "EVTA"), a Colorado regional transportation authority
pursuant to the Regional Transportation Law, Title 42, Article 4, Part 6, Colorado
Revised Statutes, and the Town of Avon ("Avon"), a Colorado Home rule municipality,
located at 100 Mikaela Way, Avon, Colorado (individually a "Party" and collectively,
the "Parties").
This IGA sets forth the terms and conditions for EVTA to lease indoor spaces
from Avon for the storage of buses and to use and pay for bus fueling and bus washing at
the I-70 Avon Regional Transportation Facility ("ARTF").
RECITALS
WHEREAS, Avon and Eagle County Regional Transit Authority (ECO)
previously entered into an Intergovernmental IGA concerning the planning, design and
construction of an "ECO/Avon Joint Regional Operations Facility" at 500 Swift Gulch
Road, Avon, Colorado dated February 11, 2009, as amended; and
WHEREAS, in November 2022 the voters of Eagle County and the towns of
Avon, Eagle, Minturn, Red Cliff and Vail, and Beaver Creek Metro District approved the
creation of the EVTA pursuant to Title 43, Article 4, Part 6 of the Colorado Revised
Statutes; and
WHEREAS, ECO transitioned its public transportation services and vehicles to
EVTA on August 4, 2024; and
WHEREAS, Avon owns and operates the ARTF and desires to lease a portion of
the ARTF to EVTA for storage of buses, fueling and bus washing, and EVTA desires to
lease bus-storage spaces in accordance with the terms contained in this IGA; and
WHEREAS, the Parties anticipate that EVTA will lease the bus-storage spaces, as
contemplated herein, throughout the expected life of the ARTF, or until EVTA decides
to build or purchase its own facility; and
WHEREAS, this IGA is authorized pursuant to §29-1-201 and §30-11-101,
Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged by Avon and EVTA, the Parties do hereby agree as
follows:
1. Term. The term ("Term") of this IGA shall be for twenty-five (25 years,
commencing January 1, 2026 and ending Dec 31, 2051, , unless earlier terminated by
either party by providing written notice no later than 24 months prior to termination.
2. Premises. EVTA shall lease a minimum of nine (9) indoor bus storage
spaces within the RTOF for the storage of transportation buses from the EVTA fleet for
the term of this IGA. EVTA may reduce or request an increase in the minimum number
of spaces leased by giving written notice to Avon no later than October 1st preceding the
commencement of the next renewal Term. The leased premises are located on the
southern portion (lowest graded tier) of the ARTF. In addition to bus storage, EVTA
shall have access to and use of common areas, including and limited to: employee
lockers, bathrooms, break room/kitchen, quiet resting room, dispatch room, -, small
training room, elevator, stairs and hallway areas. EVTA understands that Avon shall
utilize other bus storage spaces in the Premises for its own use and shall lease bus storage
spaces to other entities and that Avon and other entities will also use common areas. The
access and use of office space is not included in this agreement. If office space becomes
available, EVTA may, at its discretion, obtain a lease for such space at an additional fee.
3. Lease Payment Amount. During the term of this IGA for each indoor bus
storage space rented, EVTA shall pay to Avon the amount calculated by the formula
provided in the Exhibit A in 2026, which is attached hereto and incorporated herein by
this reference ("Lease Payment"). An additional 3% increase shall be added each
subsequent year. In accordance with Exhibit A, the Shared Asset Management and
Capital Improvement portions of the Lease Payment shall be fixed for the entire term of
this IGA, while the Operations and Maintenance portion may vary based on actual usage
and related costs. Avon may adjust the Operations and Maintenance portion of the Lease
Payment amount by more than 3%,by providing written notice to EVTA no later than
November 1, which adjustment shall take effect no sooner than January 1 of the
succeeding year and which adjustment shall be subject to EVTA's right to terminate for
non-appropriation as set forth in Sections 4 and 10. EVTA shall make its Lease Payment
to Avon for the previous month no later than the last day of each month.
4. Budgeting and Appropriation. EVTA's obligations under this Agreement
are subject to EVTA's annual right to budget and appropriate the sums necessary to lease
the spaces and utilize the services provided herein. No provision of this Agreement shall
be construed or interpreted as creating a multiple fiscal year direct or indirect debt or
other financial obligation of EVTA within the meaning of any constitutional or statutory
debt limitation. Notwithstanding anything to the contrary contained in this IGA, EVTA
shall have no obligations under this IGA with respect to any period after the end of the
fiscal year in which funds have been appropriated therefore by EVTA in accordance with
a budget adopted by the Board of County Commissioners in compliance with Article 25,
Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec.
20). If adequate funds are not appropriated for a forthcoming fiscal year, EVTA may
either reduce the number of spaces to be leased hereunder or terminate this Agreement
without penalty, effective upon the commencement of the period for which funds have
not been appropriated. EVTA will use its best effort to notify Avon of such non-
appropriation of funds and resulting reduction in leased spaces or termination at the
earliest possible date.
5. Variable Use Charges. The following commodities and services are also
available on-site for purchase by EVTA on a variable quantity or "per use" basis. EVTA
shall pay Avon for use or consumption of these commodities that are available within
thirty (30) days after receiving an invoice. The unit price or mark-up rate listed herein for
these variable use items sets the cost for 2026. Avon reserves the right to adjust these
prices in future years by providing written notice to EVTA no later than November 1st
which price increases shall take effect no sooner than January 1 of the succeeding year
and which price increase change to this IGA shall be subject to EVTA's right to terminate
for non-appropriation as set forth in Sections 4 and 10.
(a) Diesel and Gasoline Fuel. At cost plus $0.15 per gallon for 2026,
thereafter a markup of 7.5% of Avon’s cost per gallon, whichever is more. (requires a
card key specific to each vehicle to access dispensers).
(b) Vehicle Fluids/Wash. Avon operates an enterprise fund for the
vehicle fluids and wash bay and reserves the right to annually adjust vehicle wash prices
each year. Proposed rates for 2026 are included in Exhibit A. A 3% increase shall be
added each subsequent year. Vehicle washing, fueling, and interior cleaning are included
in these rates.
(c) Fleet Maintenance Service .At the option of EVTA, buses which
are designated and stored at the Premises may be serviced by Avon at EVTA’s discretion.
-. Fleet maintenance services include mechanical, electrical and body work. Avon's
hourly rates for fleet maintenance services are set forth in Exhibit B, which is attached
hereto and incorporated herein by this reference and may be amended from time to time
to reflect increases in labor costs. Notwithstanding the foregoing, EVTA has the right to
do its own fleet maintenance services to busses that are stored at the Premises, as it
deems necessary, in the bus storage spaces at no additional cost.
(d) Billing for Services. An invoice will be issued by the tenth (10th)
day of each month for services performed during the previous month. Payment is due in
full by the last day of the month.
6. Payment Location. Lease Payment and Variable Use Charges shall be
tendered at the Avon Town Hall, 100 Mikaela Way, Avon, CO 81620, or may be mailed
to Town of Avon, P.O. 975, Avon, CO 81620, attention Director of Finance or submitted
via ACH.
7. Operational Management Plan. Avon's Town Manager or designee and
EVTA's Director of Transportation or designee shall develop an Operational
Management Plan for the Premises on an annual basis to ensure that both Avon and
EVTA operational needs are accommodated in the most efficient and effective manner.
The Parties intend to complete the Operational Management Plan by October 1 of each
year and may jointly amend the Operational Management Plan as needed at any time;
provided that the initial Operational Management Plan shall be completed no later than
July 1, 2026, and the subsequent Operational Management Plan shall be completed by
October 1, 2027. Inability to develop a mutually agreeable operational plan is cause for
termination. At a minimum, the Operational Plan shall address:
(a) Premises Access - including but limited to hours of operation and
door keys/codes;
(b) Use and management of Common Areas, including assignment of
employee lockers and scheduling of training room and/or quiet rooms;
(c) Bus storage locations and daily internal bus flow for service
availability; and,
(d) Additional charges for the use of large training room and other areas
of the Premises.
8. Limits on Use. No other services by Avon are included other than those
explicitly listed herein. Other uses of the Premises are not permitted without Avon's
written consent and will be considered a breach of this IGA. The following additional
limitations on use apply:
(a) EVTA agrees that use of the Premises is "at your own risk".
(b) Bus storage spaces shall be those designated by Avon in accordance
with this IGA.
(c) Avon staff reserves the right to physically drive and relocate any of
the EVTA's vehicles, provided that the vehicle remains within the Premises, at any time
for any reason. EVTA agrees to provide Avon with functioning keys and/or key-codes
capable of unlocking and starting all EVTA-serviced vehicles parked on the Premises.
Avon will add EVTA as an additional insured on its general and automobile liability
insurance policies, and will indemnify EVTA and shall be responsible for any and all
damage arising out of, occurring because of, or resulting from Avon's operation of any
EVTA-owned vehicle, including a vehicle operated by EVTA under a service agreement.
All vehicles parked on the Premises included under this IGA shall be maintained in full
running order. Avon reserves the right to remove from the Premises, at EVTA's cost, any
vehicle that has not been restored to full running order by EVTA or their assigns for a
period of more than thirty (30) days following notice to EVTA. EVTA agrees to keep the
leased portion of the Premises clean, sanitary, and in good condition and, upon
termination of the IGA, vacate the Premises to Avon in a condition equivalent to the
condition that existed when the EVTA initiated site use, except for ordinary wear and
tear.
(d) EVTA agrees to immediately notify Avon of any defects or
dangerous conditions in and about the Premises of which EVTA becomes aware. EVTA
agrees to reimburse Avon, upon demand by Avon, for the cost of repairing any damage to
the Premises caused by acts or omissions of EVTA.
9. Facilities. Avon represents that its facilities are adequately equipped to
offer the services described herein.
10. Termination. Avon may terminate this IGA without cause by providing at
least Twenty-four (24) months prior written notice to EVTA. In the event of any material
breach of this IGA by either Party, the non-breaching Party may terminate this IGA upon
thirty (30) days written notice unless the breach is cured within the thirty (30) day period.
EVTA may also terminate this Agreement for non-appropriation of funds, in accordance
with Section 5.
11. Liability and Indemnification. EVTA, its officers and employees, shall
not be deemed to assume any liability for intentional or negligent acts, errors, or
omissions of Avon or of any officer or employee thereof. Likewise, Avon, its officers
and employees, shall not be deemed to assume any liability for intentional or negligent
acts, errors or omissions of EVTA or by any officer or employee thereof. EVTA agrees
to indemnify, defend and hold harmless to the extent allowed by law, Avon, its respective
agents, officers, servants and employees of and from any and all loss, costs, damage,
injury, liability, claims, liens, demands, action and causes of action whatsoever, arising
out of or related to EVTA's intentional or negligent acts, errors, or omissions or that of its
agents, officers, servants, and employees, whether contractual or otherwise. Likewise,
Avon agrees to indemnify, defend and hold harmless to the extent allowed by law,
EVTA, its respective agents, officers, servants and employees of and from any and all
loss, costs, damage injury, liability, claims, liens, demands, action and causes of action
whatsoever arising out of or related to Avon's intentional or negligent acts errors or
omissions or that of its agents, officers, servants and employees, whether contractual or
otherwise.
12. Insurance. The Parties must carry valid insurance for any individuals and
property that are involved in use of the Premises. Except as set forth in this
IGA, Avon is not liable for damage to EVTA-owned property, or any property owned
by others and included in a service agreement operated by EVTA, while located on
the Premises, including acts of vandalism, theft, or comprehensive damage of same
vehicles, unless such damage or theft is caused by the negligent operation or management
of the ARTF. The Parties must each carry property damage and general liability
insurance policies, each in the amount of $1,000,000 per occurrence and $2,000,000
aggregate.
13. Relationship of the Parties. The relationship between the Parties is that of
independent contractor, and nothing herein shall be deemed or construed as creating a
relationship of principal and agent, partnership, joint venture, or ownership interest in the
real property.
14. No Waiver of Governmental Immunity. Nothing in this IGA shall be
construed to waive limit, or otherwise modify any governmental immunity that may be
available by law to Avon or EVTA, its respective officials, employees, contractors, or
agents, or any other person acting on behalf of Avon or EVTA, and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
15. Notice. Any notice, demand, or other communication required or permitted
to be given by any provision of the Lease shall be given via email then followed up in
writing, delivered personally or sent by certified or registered mail, postage prepaid and
return receipt requested, or by overnight courier, with shipping charges prepaid, address
as follows:
To Avon:
Town of Avon
Attn: Town Clerk
One Lake Street
P.O. Box 975 Avon, CO 81620
Ph.: 970-748-4000
Email:
To EVTA:
EVTA Executive Director
P.O. Box 1070
Gypsum, CO 81637
Email: tanya.allen@coretransit.org
16. No Third-Party Beneficiaries. Nothing contained in this IGA is intended
to or shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third-party, including any agent, sub-consultant or sub-contractor of Avon,
EVTA or Eagle County. Absolutely no third-party beneficiaries are intended by this
IGA. Any third-party receiving a benefit from this IGA is an incidental and unintended
beneficiary only.
[ Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this IGA the day and
year first above written.
EAGLE VALLEY TRANSPORTATION
AUTHORITY
By
Earl Bidez, Chair
Attest:
Tanya Allen, Secretary
TOWN OF AVON
By
Tamra N. Underwood, Mayor,
Attest:
Miguel Jauregui Casanueva, Town
Clerk
ATTACHMENT B
LEASE PAYMENT CALCULATION
LEASE RATES AND CHARGES
Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset Management and will be charged as a
budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be
audited each year and may be subject to change upon written notice by the Town of Avon no later than June 1 of any given year, which
adjustment shall take effect no sooner than January 1 of the succeeding year.
AVON VEHICLE AND EQUIPMENT SERVICE AGREEMENT ANNUAL RENEWAL
This Avon Vehicle and Equipment Service Agreement Annual Renewal (“Annual Renewal”) is by and
between [CORE Transit] and the Town of Avon (“Avon”).
1.Term: The existing Vehicle and Equipment Service Agreement (“Service Agreement”), dated
December 2023, is hereby renewed and extended until December 31, 202 6, and the Service
Agreement shall continue in full force and effect , except as amended and updated in this Annual
Renewal.
2.Adjusted Hourly Rates: In accordance with Paragraph 4 of the Service Agreement, service and
fuel rates will remain unchanged for this renewal. Avon will conduct a biennial rate review in 2026.
The current rates, effective January 1, 2026, will remain as follows:
Light Duty Vehicle and Equipment = $125 per hour
Heavy Duty Vehicles and Equipment = $1 36 per hour
Fuel Rate = cost plus $0.15/gallon
[CORE Transit]
ATTACHMENT C
970-748-4113 jshoun@avon.org
TO: Honorable Tamra N. Underwood and Council Members FROM: Jim Shoun, Mobility Manager
RE: IGA for 2026 Operating Grant
DATE: January 7, 2026
SUMMARY: A State of Colorado Grant is presented to Council for consideration. The Town of
Avon has applied for and has been awarded a 5311 Operating Grant of $268,789.00.
When approved, the contract will be sent, via DocuSign, to the mayor for signature.
BACKGROUND: The 5311 Operating Grant is a yearly agreement to provide operating
assistance to states in support of public transportation in rural areas with populations less than
50,000. This is a formula grant, based on agency service size and is awarded yearly. While it is
a small portion of the overall Mobility Fund, it is vital to our continuing operations.
AWARD: Total award for this agreement is as follows:
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement between the
State of Colorado and the Town of Avon.”
Thank you, Jim
ATTACHMENT A: Intergovernmental Agreement
Award $268,789.00
Minimum Local Contribution $268,789.00
Total $537,587.00
ATTACHMENT A:
Page 1 of 51
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
26-HTR-ZL-00082 / 491004065
Subrecipient
Town of Avon
Agreement Performance Beginning Date
Effective Date or January 1, 2026, whichever is
earlier
Initial Agreement Expiration Date
December 31, 2026 Subaward Agreement Amount
Federal Funds-Operating
Maximum Amount (50%)
Local Funds-Operating
Local Match Amount (50%)
Agreement Total
$268,789.00
$268,789.00
$537,578.00
Fund Expenditure End Date
December 31, 2026
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104, 23 USC
§149, 49 USC §5307(a)(2) and (3).
Agreement Purpose
In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and
operating assistance to states to support public transportation in rural areas with populations less than
50,000, where many residents often rely on public transit to reach their destinations. The work to be
completed under this Grant by the Grantee is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A – Statement of Work and Budget.
2. Exhibit B – Sample Option Letter.
3. Exhibit C – Federal Provisions.
4.Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment,
such conflict or inconsistency shall be resolved by reference to the documents in the following order
of priority:
1. Exhibit C – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5. Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Erin Kelican
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
erin.kelican@state.co.us
For Subrecipient:
Jim Shoun
Town of Avon
PO Box 975
Avon, CO 81620
jshoun@avon.org
Contract Number: 26-HTR-ZL-00082 / PO: 491004065
Page 2 of 51
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to
execute this Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
Town of Avon
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
Second Subrecipient Signature, If Needed
Town of Avon
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below
by the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
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1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this
Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State
agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree
to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds
shall be expended by the Fund Expenditure End Date shown on the Cover Page for this
Agreement. The State shall not be bound by any provision of this Agreement before the Effective
Date, and shall have no obligation to pay Subrecipient for any Work performed or expense
incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure
End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement
Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on
the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial
Term”) unless sooner terminated or further extended in accordance with the terms of this
Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this
Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at
the same rates and under the same terms specified in this Agreement (each such period an
“Extension Term”). In order to exercise this option, the State shall provide written notice to
Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this
Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent
to the Sample Option Letter attached to this Agreement, may unilaterally extend such Initial
Term or Extension Term for a period not to exceed two months (an “End of Term Extension”),
regardless of whether additional Extension Terms are available or not. The provisions of this
Agreement in effect when such notice is given shall remain in effect during the End of Term
Extension. The End of Term Extension shall automatically terminate upon execution of a
replacement Agreement or modification extending the total term of this Agreement.
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further
the public interest of the State, the State, in its discretion, may terminate this Agreement in
whole or in part. A determination that this Agreement should be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Agreement by the State for Breach of Agreement by Subrecipient,
which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice
shall specify the effective date of the termination and whether it affects all or a portion of
this Agreement, and shall include, to the extent practicable, the public interest justification
for the termination.
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ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall
be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient
an amount equal to the percentage of the total reimbursement payable under this Agreement
that corresponds to the percentage of Work satisfactorily completed and accepted, as
determined by the State, less payments previously made. Additionally, if this Agreement is
less than 60% completed, as determined by the State, the State may reimburse Subrecipient
for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this
Agreement, incurred by Subrecipient which are directly attributable to the uncompleted
portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the
Federal Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Agreement is terminated in this manner, then
Subrecipient shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the terms
and conditions of the Federal Award specifically indicate otherwise.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any
of its property, which is not vacated or fully stayed within 30 days after the institution of such
proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24-
109-105, C.R.S., at any time during the term of this Agreement, then such debarment or
suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-
11-101(1), C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a
tangible or intangible Good or Service that is produced as a result of Subrecipient’s Work that is
intended to be delivered by Subrecipient.
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado
State Controller or designee, as shown on the Signature Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the
Cover Page for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal
Awarding Agency to the Recipient. “Federal Award” also means an agreement setting fort h the
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terms and conditions of the Federal Award. The term does not include payments to a Subrecipient
or payments to an individual that is a beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient.
Federal Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which
is the subject of this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set
forth in this Agreement and shall include any movable material acquired, produced, or delivered
by Subrecipient in connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation (i)
successful attempts to gain unauthorized access to a State system or State Records regardless of
where such information is located; (ii) unwanted disruption or denial of service; (iii) the
unauthorized use of a State system for the processing or storage of data; or (iv) changes to State
system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and
made part of FTA’s standard terms and conditions governing the administration of a project
supported with federal assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a
match required to receive the Grant Funds and includes in-kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an
individual’s identity, such as name, social security number, date and place of birth, mother’s
maiden name, or biometric records. PII includes, but is not limited to, all information defined as
personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Pages of this Agreement,
for the purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement
and shall include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include but is not limited to PII and State
personnel records not subject to disclosure under CORA. State Confidential Information shall not
include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the
State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to
Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Subrecipient
to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
who has the right to disclose such information; or (v) was independently developed without
reliance on any State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term, then
it means the State Fiscal Year ending in that calendar year.
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BB. “State Records” means any and all State data, information, and records regardless of physical
form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this
Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the
Work. “Subcontractor” also includes sub-recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry
out part of a Federal program but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal
Awarding Agency. For the purposes of this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A -
21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit
Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, information, and any other results of the Work.
“Work Product” does not include any material that was developed prior to the Effective Date
that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit
shall be construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the
provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery
of any goods or the performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Subrecipient any amount under this Agreement that exceeds the Subaward
Maximum Amount shown on the Cover Page of this Agreement as “Federal Funds Maximum
Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and
other conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that
invoice, so long as the amount invoiced correctly represents Work completed by
Subrecipient and previously accepted by the State during the term that the invoice
covers. If the State determines that the amount of any invoice is not correct, then
Subrecipient shall make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or
Deliverables provided under this Agreement.
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ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall
bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month,
as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest
shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall
invoice the State separately for accrued interest on delinquent amounts, and the invoice
shall reference the delinquent payment, the number of days’ interest to be paid and the
interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment,
Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier
to occur of Subrecipient’s receipt of the payment or notification of the determination or
calculation of the payment by the State. The State will review the information presented by
Subrecipient and may make changes to its determination based on this review. The
calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under
this subsection shall be due until after the State has concluded its review, and the State shall
not pay any interest on any amount during the period it is subject to dispute under this
subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current
State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent
on the appropriation and continuing availability of Grant Funds in any subsequent year (as
provided in the Colorado Special Provisions). If federal funds or funds from any other non-
State funds constitute all or some of the Grant Funds, the State’s obligation to pay
Subrecipient shall be contingent upon such non-State funding continuing to be made
available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or
otherwise become unavailable to fund this Agreement, the State may, upon written notice,
terminate this Agreement, in whole or in part, without incurring further liability. The State
shall, however, remain obligated to pay for Services and Goods that are delivered and
accepted prior to the effective date of notice of termination, and this termination shall
otherwise be treated as if this Agreement were terminated in the public interest as described
in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised
the full amount of Matching Funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. Subrecipient’s o bligation to pay all or any part
of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purposes of this Agreement by the authorized representatives of
Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to
the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been
legally appropriated for the purposes of this Agreement by its authorized representatives and
paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably
pledge present cash reserves for payments in future fiscal years, and this Agreement is not
intended to create a multiple-fiscal year debt of Subrecipient. Subrecipient shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Subrecipient’s laws or policies.
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D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented
allowable costs related to the Work after review and approval thereof, subject to the
provisions of §5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient
prior to the Effective Date shall not be reimbursed absent specific allowance of pre -award
costs and indication that the Federal Award funding is retroactive. The State shall pay
Subrecipient for costs or expenses incurred or performance by the Subrecipient prior to the
Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules,
and regulations applicable to the Work provide for such retroactive payments to the
Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward
Maximum Amount shown on the Cover Page of this Agreement and on Exhibit A for all
allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient
may adjust the amounts between each line item of Exhibit A without formal modification to
this Agreement as long as the Subrecipient provides notice to the State of the change, th e
change does not modify the Subaward Maximum Amount or the Subaward Maximum Amount
for any federal fiscal year or State Fiscal Year, and the change does not modify any
requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the
Budget if those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services
provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value
received by Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the
Cover Page for this Agreement, or after any phase performance period end date for a
respective phase of the Work, shall not be reimbursable. Subrecipient shall initiate any
payment request by submitting invoices to the State in the form and manner set forth and
approved by the State.
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown
on the Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the
State all Deliverables (including documentation) as defined in this Agreement and Subrecipient’s
final reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete. If
the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after
the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient’s
failure to submit required documentation, then Subrecipient may be prohibited from applying
for new Federal Awards through the State until such documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a
term longer than three months, Subrecipient shall submit, on a quarterly basis, a written report
specifying progress made for each specified performance measure and standard in this
Agreement. Such progress report shall be in accordance with the procedures developed and
prescribed by the State. Progress reports shall be submitted to the State not later than five
Business Days following the end of each calendar quarter or at such time as otherwise specified
by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connection with an action before
a court or other administrative decision making body, and such pleading or document relates to
this Agreement or may affect Subrecipient’s ability to perform it s obligations under this
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Agreement, Subrecipient shall, within 10 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State’s Principal Representative identified
on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than
45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the
final Extension Term exercised by the State, containing an evaluation and review of
Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding Agency
may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321,
which may include, without limitation, suspension or debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a
complete file of all records, documents, communications, notes and other written materials,
electronic media files, and communications, pertaining in any manner to the Work and the
delivery of Services (including, but not limited to the operation of programs) or Goods hereunder
(collectively, the “Subrecipient Records”). Subrecipient shall maintain such records for a period
of three years following the date of submission to the State of the final expenditure report, or if
this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or audit
related to this Award starts before expiration of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and
final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a
cognizant agency for audit, oversight or indirect costs, and the State, may notify Subrecipient in
writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three years following final disposition of
such property.
B. Inspection
Subrecipient shall permit the State, the federal government, and any other duly authorized agent
of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient
Records during the Record Retention Period. Subrecipient shall make Subrecipient Records
available during normal business hours at Subrecipient’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the
State, unless the State determines that a shorter period of notice, or no notice, is necessary to
protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental
agency, in its discretion, may monitor Subrecipient’s performance of its obligations under this
Agreement using procedures as determined by the State or that governmental entity.
Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance,
based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the
right, in its sole discretion, to change its monitoring procedures and requirements at any time
during the term of this Agreement. The State shall monitor Subrecipient’s performance in a
manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit
performed on Subrecipient’s records that relates to or affects this Agreement or the Work,
whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is
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required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit
a copy of the results of that audit to the State within the same timelines as the submission to
the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Subrecipient shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Agreement, permitted
by law or approved in writing by the State. Subrecipient shall provide for the security of all State
Confidential Information in accordance with all applicable laws, rules, policies, publications, and
guidelines. Subrecipient shall immediately forward any request or demand for State Records to
the State’s Principal Representative identified on the Cover Page of the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Agreement. Subrecipient shall ensure all such agents, employees, assigns,
and Subcontractors sign agreements containing nondisclosure provisions at least as protective as
those in this Agreement, and that the nondisclosure provisions are in force at all times the agent,
employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient
shall provide copies of those signed nondisclosure provisions to the State upon execution of the
nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations only in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information. Subrecipient shall provide the State with access, subject to Subrecipient’s
reasonable security requirements, for purposes of inspecting and monitoring access and use of
State Confidential Information and evaluating security control effectiveness. Upon the expiration
or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Subrecipient is prevented by law or regulation from returning or destroying State
Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and
cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately
and cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. Unless Subrecipient can establish that Subrecipient
and its agents, employees, and Subcontractors are not the cause or source of the Incident,
Subrecipient shall be responsible for the cost of notifying each person who may have been
impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this
plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State.
If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its
sole discretion, may perform such analysis and produce a remediation plan, and Subrecipient
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion
and at Subrecipient’s sole expense, require Subrecipient to engage the services of an
independent, qualified, State-approved third party to conduct a security audit. Subrecipient
shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
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E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of
Subrecipient or any Subcontractors are protected and handled in accordance with the
requirements of this Agreement, including the requirements of any Exhibits hereto, at all times.
As used in this section, the protections afforded Work Product only apply to Work Product that
requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement,
Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be
a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that
conflict in any way with the full performance of the obligations of Subrecipient under this
Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s
employee, officer or agent were to offer or provide any tangible personal benefit to an employee
of the State, or any member of his or her immediate family or his or her partner, related to the
award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a
conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written
approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably
appear to be in conflict with the full performance of Subrecipient’s obligations under this
Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a
conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a
disclosure statement setting forth the relevant details for the St ate’s consideration. Failure to
promptly submit a disclosure statement or to follow the State’s direction in regard to the actual
or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles
described in §24-18-105, C.R.S. Subrecipient further acknowledges that State employees may
be subject to the requirements of §24-18-105, C.R.S., with regard to this Agreement. For the
avoidance of doubt, an actual or apparent conflict of interest shall exist if Subrecipient employs
or contracts with any State employee, any former State employee within six months following
such employee’s termination of employment with the State, or any immediate family member
of such current or former State employee. Subrecipient shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall
constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are
allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this Agreement. All
insurance policies required by this Agreement that are not provided through self -insurance shall be
issued by insurance companies as approved by the State.
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A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Subrecipient or Subcontractor employees acting within the course and scope of their
employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal injury,
and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos)
with a minimum limit of $1,000,000 each accident combined single limit.
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases
and construction contracts require additional insured coverage for completed operations)
required of Subrecipient and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance
or self-insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to
Subrecipient and Subrecipient shall forward such notice to the State in accordance with §14
within seven days of Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to
this Agreement shall include clauses stating that each carrier shall waive all rights of recovery
under subrogation or otherwise against Subrecipient or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability
insurance requirements stated above, at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under
the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall
ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu
of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall
provide to the State certificates evidencing Subrecipient’s insurance coverage required in this
Agreement prior to the Effective Date. Subrecipient shall provide to t he State certificates
evidencing Subcontractor insurance coverage required under this Agreement prior to the
Effective Date, except that, if Subrecipient’s subcontract is not in effect as of the Effective Date,
Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Subrecipient’s execution of
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the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any
Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance
evidencing renewals of coverage. At any other time during the term of this Agreement, upon
request by the State, Subrecipient shall, within seven Business Days following the request by the
State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach
to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of the
remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to
the contrary, the State, in its discretion, need not provide notice or a cure period and may
immediately terminate this Agreement in whole or in part or institute any other remedy in this
Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or
suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or
cure period and may terminate this Agreement in whole or in part or institute any other remedy
in this Agreement as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach,
the State, following the notice and cure period set forth in §11, shall have all of the remedies
listed in this section in addition to all other remedies set forth in this Agreement or at law. The
State may exercise any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire
Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with
any terms of the Federal Award, then the State may, in its discretion or at the direction of
a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement.
Subrecipient shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further
obligations or render further performance past the effective date of such notice, and
shall terminate outstanding orders and subcontracts with third parties. However,
Subrecipient shall complete and deliver to the State all Work not cancelled by the
termination notice, and may incur obligations as necessary to do so within this
Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all
of Subrecipient’s rights, title, and interest in and to such terminated orders or
subcontracts. Upon termination, Subrecipient shall take timely, reasonable and
necessary action to protect and preserve property in the possession of Subrecipient but
in which the State has an interest. At the State’s request, Subrecipient shall return
materials owned by the State in Subrecipient’s possession at the time of any termination.
Subrecipient shall deliver all completed Work Product and all Work Product that was in
the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for
accepted Work received as of the date of termination. If, after termination by the State,
the State agrees that Subrecipient was not in breach or that Subrecipient’s action or
inaction was excusable, such termination shall be treated as a termination in the public
interest, and the rights and obligations of the Parties shall be as if this Agreement had
been terminated in the public interest under §2.E.
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c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable
to the State for any damages sustained by the State in connection with any breach by
Subrecipient, and the State may withhold payment to Subrecipient for the purpose o f
mitigating the State’s damages until such time as the exact amount of damages due to
the State from Subrecipient is determined. The State may withhold any amount that may
be due Subrecipient as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Subrecipient to an
adjustment in price or cost or an adjustment in the performance schedule. Subrecipient
shall promptly cease performing Work and incurring costs in accordance with the State’s
directive, and the State shall not be liable for costs incurred by Subrecipient after the
suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions,
cannot be performed or if they were performed are reasonably of no value to the state;
provided, that any denial of payment shall be equal to the value of the obligations not
performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this
Agreement is deemed by the State to be contrary to the public interest or the State’s
best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual
property right, Subrecipient shall, as approved by the State (i) secure that right to use
such Work for the State and Subrecipient; (ii) replace the Work with noninfringing Work
or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work
and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Subrecipient, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which cannot be resolved by the designated Agreement representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Subrecipient for resolution.
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B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days,
Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement
Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-
301(30), C.R.S., for resolution following the same resolution of controversies process as described
in §§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the “Resolution
Statutes”), except that if Subrecipient wishes to challenge any decision rendered by the
Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of
the Department of Personnel and Administration, or their delegate, in the same manner as
described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including,
without limitation, time limitations regardless of whether the Colorado Procurement Code
applies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall
be the principal representative of the designating Party. All notices required or permitted to be given
under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required,
(B) by certified or registered mail to such Party’s principal representative at the address set forth
on the Cover Page for this Agreement or (C) as an email with read receipt requested to the principal
representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party
delivers a notice to another through email and the email is undeliverable, then, unless the Party has
been provided with an alternate email contact, the Party delivering the notice shall deliver the
notice by hand with receipt required or by certified or registered mail to such Party’s principal
representative at the address set forth on the Cover Page for this Agreement. Either Party may
change its principal representative or principal representative contact information, or may designate
specific other individuals to receive certain types of notices in addition to or in lieu of a principal
representative, by notice submitted in accordance with this section without a formal amendment to
this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery
of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license
to reproduce publish or otherwise use and to authorize others to use the Work Product described
herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be
delivered to the State by Subrecipient upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records,
documents, text, software (including source code), research, reports, proposals, specifications,
plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf
of the State to Subrecipient are the exclusive property of the State (collectively, “State
Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State
Materials to be used for any purpose other than the performance of Subrecipient’s obligations in
this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Subrecipient including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio and/or
video, and third-party materials, delivered by Subrecipient under this Agreement, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient
Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or
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a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software,
the license terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of
this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Subrecipient shall submit
to the State a copy of each such subaward or subcontract upon request by the State. All
subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall
comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this
Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would
also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient
shall also contain provisions permitting both Subrecipient and the State to perform all monitoring
of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits
and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Agreement to
sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments,
are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or
other changes to this Agreement shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado
State Controller Contract, Grant and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be incorporated
into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only
be effective if agreed to in a formal amendment to this Agreement, properly executed and
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approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications
permitted under this Agreement, other than Agreement amendments, shall conform to the
policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been changed
or amended since the Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision
included in any terms, conditions, or agreements appearing on Subrecipient’s or a
Subcontractor’s website or any provision incorporated into any click-through or online
agreements related to the Work unless that provision is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations under this Agreement
in accordance with the intent of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of this Agreement shall survive the termination or expiration of this Agreement and
shall be enforceable by the other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch.
32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and
local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax
Exemption Identification Number 98-02565). The State shall not be liable for the payment of any
excise, sales, or use taxes, regardless of whether any political subdivision of the State imposes
such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the
collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection
with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does
not and is not intended to confer any rights or remedies upon any person or entity other than
the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved
solely to the Parties. Any services or benefits which third parties receive as a result of this
Agreement are incidental to this Agreement, and do not create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power, or privilege preclude any other or further exercise of such
right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and
standards required under §24-106-107, C.R.S., if any, are subject to public release through the
CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest
standards of care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the
term of this Agreement, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Agreement, and shall ensure
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that all employees, agents and Subcontractors secure and maintain at all times during the
term of their employment, agency or Subcontractor, all license, certifications, permits and
other authorizations required to perform their obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State
of Colorado, shall obtain prior to the Effective Date and maintain at all times during the term
of this Agreement, at its sole expense, a certificate of authority to transact business in the
State of Colorado and designate a registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during
the term of this Agreement.
U. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability, as established by the Governor’s
Office of Information Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Grantee
shall also comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content Accessibility
Guidelines (WCAG), incorporated in the State of Colorado technology standards.
ii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Grantee’s Work Product and
software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards
for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5),
C.R.S.
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17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3 -3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or
designee. If this Agreement is for a Major Information Technology Project, as defined in §24 -
37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to
be an agent or employee of the State. Subrecipient shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set
forth herein. Subrecipient and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay
for or otherwise provide such coverage for Subrecipient or any of its agents or employees.
Subrecipient shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to thi s Agreement. Subrecipient shall (i) provide and keep in
force workers' compensation and unemployment compensation insurance in the amounts
required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely
responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination
and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. All suits or actions related to this Agreement shall be filed and proceedings held
in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient
harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed
as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
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applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term
of this Agreement and any extensions, Subrecipient has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Subrecipient is in violation of this provision, the State may exercise any remedy available at law
or in equity or under this Agreement, including, without limitation, immediate termination of
this Agreement and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement.
Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of Subrecipient’s services and
Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State’s vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii)
unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq.,
C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid
debts owing to the State as a result of final agency determination or judicial action. The State
may also recover, at the State’s discretion, payments made to Subrecipient in error for any
reason, including, but not limited to, overpayments or impro per payments, and unexpended or
excess funds received by Subrecipient by deduction from subsequent payments under this
Agreement, deduction from any payment due under any other contracts, grants or agreements
between the State and Subrecipient, or by any other appropriate method for collecting debts
owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Agreement and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement or enter
into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the
Colorado Department of Labor and Employment (“Department Program”) to undertake pre -
employment screening of job applicants while this Agreement is being performed, (ii) shall notify
the Subcontractor and the contracting State agency or institution of higher education within
three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting
with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (iv) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of
Labor and Employment. If Subrecipient participates in the Department program, Subrecipient
shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal
work status of such employee, and shall comply with all of the other requirements of the
Department program. If Subrecipient fails to comply with any requirement of t his provision or
§§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or
political subdivision may terminate this Agreement for breach and, if so terminated, Subrecipient
shall be liable for damages.
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L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S.,
prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project
Description* 2026-5311: Operating
Federal Awarding Agency Federal Transit Administration (FTA)
Year of Funding and Federal Funding Source FFY 2025 FTA-5311
CFDA Title Formula Grants for Rural Areas Program
CFDA # 20.509 FAIN** To Be Determined
Federal Award Date** To Be Determined
CDOT Awarding Official Chief Engineer
Address 2829 W. Howard Place
Denver, CO 80204
Phone # (303) 757-9170
Subaward/Project Period of Performance and Budget
Period
Start Date
The Effective Date or January 1, 2026
(whichever is earlier, subject to specific
allowance of pre-award costs)
Subaward/Project Period of Performance and Budget
Period
End Date
December 31, 2026
Subrecipient Avon, Town of UEID # R9Q7L4C1QKK5
Contact Name Jim Shoun Vendor # 2000101
Address 100 Mikaela Way
PO Box 975
Avon, CO 81620
Phone # (970) 748-4113
Email jshoun@avon.org Indirect Rate N/A
Total Project Budget $537,578.00
Budget WBS*** ALI Federal Funds Local Funds Total
Operating 25-11-4045.AVON.600 30.09.01 50% $268,789.00 50% $268,789.00 $537,578.00
Total Project Amount Encumbered via this Subaward Agreement $537,578.00
*This is not a research and development grant.
**The FAIN and/or Federal Award Date are not available at the time of execution of this Subaward
Agreement. This information will be maintained in COTRAMS, CDOT’s transit awards management
system, and will be provided there to Town of Avon once obtained.
***The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Avon shall use FTA-5311 funds, along with local matching funds, to maintain the existence of
public transportation services through the following goals:
1. Enhance access to health care, education, employment, public services, recreation,
social transactions, and other basic needs;
2. Assist in the maintenance, development, improvement and use of public transportation
in their Transportation Planning Region (TPR);
3. Encourage and facilitate the most efficient use of all transportation funds used to
provide passenger transportation in their TPR through the coordination of programs and
services; and
4. Encourage mobility management, employment-related transportation alternatives,
joint development practices, and transit-oriented development.
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This funding is provided to support the services described above for calendar year 2026 (January 1 –
December 31).
B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Initial and Ongoing Reimbursement Request(s) in COTRAMS Monthly
Submit 5311 Program Measure Report(s) in COTRAMS Quarterly
Submit DBE Report(s) in COTRAMS Biannually
Submit Final Reimbursement Request in COTRAMS 12/31/2026
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the End Date of this Subaward Agreement: December 31, 2026.
2. Performance will be monitored throughout the duration of this Subaward Agreement.
Town of Avon shall report to the CDOT Project Manager whenever one or more of the
following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
3. Performance will be measured based on:
a. Completion of applicable 5311 Program Measure Reports in COTRAMS, and
b. Completion of the annual National Transit Database (NTD) Report.
4. Town of Avon shall track and report on performance using the Program Measure Report
in COTRAMS:
a. Performance measures established for the FTA Section 5311 Program (Funds
Expended, Fare Revenues, Sources of Expended Funds, Service Data, and
Volunteer Resources) .
5. 5311 Program Measure Reports shall be submitted in COTRAMS by Town of Avon on or
before the following due dates (as applicable to the Effective Date and date of
closeout of this Subaward Agreement):
a. Quarter 1 due April 28th;
b. Quarter 2 due July 28th;
c. Quarter 3 due October 28th; and
d. Annual Report, including Quarter 4, due January 28th.
6. Town of Avon shall assist CDOT with Disadvantaged Business Enterprise (DBE) reporting
to FTA by using the biannual FTA DBE Report in COTRAMS to report:
a. Contracts awarded, payments made, and contracts completed between Town
of Avon and prime contractors; and
b. Contracts awarded, payments made, and contracts completed between Town
of Avon’s prime contractors and their subcontractors.
7. DBE Program Measure Reports shall be submitted in COTRAMS by Town of Avon on or
before the following due dates (as applicable to the Effective Date and date of
closeout of this Subaward Agreement):
a. Quarter 4 – Quarter 1 (for October 1 – March 31) due April 28th; and
b. Quarter 2 – Quarter 3 (for April 1 – September 30) due October 28th.
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C. Project Budget
1. The Total Project Budget is $537,578.00. CDOT will pay no more than 50% of the
eligible, actual operating costs, up to the maximum amount of $268,789.00. CDOT will
retain any remaining balance of the federal share of FTA-5311 Funds. Town of Avon
shall be solely responsible for all costs incurred in the project in excess of the amount
paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For
CDOT accounting purposes, the Federal Funds of $268,789.00 (50%) for operating costs
and matching Local Funds of $268,789.00 (50%) for operating costs, will be encumbered
for this Subaward Agreement.
2. No refund or reduction of the amount of Town of Avon’s share to be provided will be
allowed unless there is at the same time a refund or reduction of the federal share of a
proportionate amount.
3. Town of Avon may use eligible federal funds for the Local Funds share, but those funds
cannot be from other Federal Department of Transportation (DOT) programs. Town of
Avon’s share, together with the Federal Funds share, shall be enough to ensure
payment of Total Project Budget.
4. Per the terms of this Subaward Agreement, CDOT will have no obligation to provide
state funds for use on this project. CDOT will administer Federal Funds for this Project
under the terms of this Subaward Agreement, provided that the federal share of FTA
funds to be administered by CDOT are made available and remain available. Town of
Avon shall initiate and prosecute to completion all actions necessary to enable Town of
Avon to provide its share of the Total Project Budget at or prior to the time that such
funds are needed to meet the Total Project Budget.
D. Allowable Costs
1. Town of Avon shall agree to adhere to the provisions for allowable and unallowable
costs cited in the following regulations: 2 CFR 200.420 through 200.476; Chapter VI of
FTA Circular 5010.1; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR
200.102. Other applicable requirements for cost allowability not cited previously shall
also be considered.
2. Town of Avon’s operating expenses are those costs directly related to system
operations. At a minimum, Town of Avon should consider the following items as
operating expenses: fuel, oil, drivers and dispatcher salaries and fringe benefits, and
licenses.
3. If Town of Avon elects to take administrative assistance, eligible costs may include but
are not limited to: general administrative expenses (e.g., salaries of the project
director, secretary, and bookkeeper); marketing expenses; insurance premiums or
payments to a self-insurance reserve; office supplies; facilities and equipment rental;
standard overhead rates; and the costs of administering drug and alcohol testing.
Additionally, administrative costs for promoting and coordinating ridesharing are
eligible as project administration if the activity is part of a coordinated public
transportation program.
E. Reimbursement Eligibility
1. Town of Avon shall submit invoice(s) on a monthly basis via COTRAMS. Reimbursement
will apply only to eligible expenses that are incurred within the period of performance
of this Subaward Agreement.
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2. Reimbursement requests shall be within the limits of Section D., Allowable Costs, of
this Subaward Agreement. Town of Avon will be reimbursed based on the ratio of
Federal Funds share and Local Funds share set forth in the Project Budget above.
3. Town of Avon shall submit the final request for reimbursement within forty-five (45)
calendar days of December 31, 2026, and submit a Grant Closeout and Liquidation
(GCL) Form in COTRAMS within fifteen (15) calendar days of receipt of the final
reimbursement payment from CDOT.
F. Training
In an effort to enhance transit safety, Town of Avon and any subrecipients and contractors shall make a
good faith effort to ensure that appropriate training of agency and contracted personnel is occurring
and that personnel are up to date in appropriate certifications. In particular, Town of Avon shall ensure
that driving personnel are provided professional training in defensive driving and training on the
handling of mobility devices and transporting older adults and individuals with disabilities.
G. Restrictions on Lobbying
Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward
Agreement.
H. Special Conditions
1. Town of Avon shall comply with all requirements imposed by CDOT on Town of Avon so
that the federal award is used in accordance with federal statutes, regulations, and the
terms and conditions of the federal award.
2. Town of Avon shall permit CDOT and their auditors to have access to Town of Avon’s
records and financial statements as necessary, with reasonable advance notice.
3. Town of Avon shall comply with the record retention requirements outlined in 2 CFR
200.334 and FTA Circular 5010.1.
4. Town of Avon shall not request reimbursement for costs on this project from more than
one Federal Awarding Agency or other federal awards (i.e., no duplicate billing).
5. Town of Avon shall obtain prior CDOT approval, in writing, if FTA funds are intended to
be used for payment of a lease or for third-party contracts.
6. Town of Avon shall advertise its service as available to the general public and shall not
explicitly limit service by trip purpose or client type.
7. Town of Avon shall comply with FTA Drug and Alcohol Regulations, to include on time
submission to FTA’s Drug and Alcohol Management Information System (DAMIS).
8. Town of Avon shall ensure subrecipients and/or contractors (if any) comply with FTA
Drug and Alcohol Regulations.
9. Town of Avon shall comply with and accept all applicable terms and conditions
contained in the U.S. Department of Transportation FTA Master Agreement dated
November 26, 2025 (Master Agreement), or any amendments thereto.
10. Town of Avon shall ensure that it does not exclude from participation in, deny the
benefits of, or subject to discrimination any person in the United States on the ground
of race, color, national origin, sex, age or disability in accordance with Title VI of the
Civil Rights Act of 1964.
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11. Town of Avon shall seek to ensure non-discrimination in its programs and activities by
developing and maintaining a Title VI Program in accordance with the “Requirements
for FTA Subrecipients” in CDOT’s Title VI Program Plan and FTA Circular 4702.1, “Title
VI Requirements and Guidelines for FTA Recipients.” Town of Avon shall also facilitate
FTA’s compliance with Executive Order 14173, “Ending Illegal Discrimination and
Restoring Merit-Based Opportunity.”
12. Town of Avon shall provide transportation services to persons with disabilities in
accordance with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §
12101 et seq.
13. Town of Avon shall ensure that it does or will comply with the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other
federal, state, and/or local laws, rules and/or regulations. In any contract utilizing
federal funds, land, or other federal aid, Town of Avon shall require its subrecipients
and/or contractors to provide a statement of written assurance that they will comply
with Section 504 and not discriminate on the basis of disability.
14. Town of Avon shall develop and maintain an Americans with Disabilities Act (ADA)
Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability
in State and Local Government Services, FTA Circular 4710.1, and any additional
requirements established by CDOT for FTA subrecipients.
15. Town of Avon shall agree to maintain documentation that supports compliance with the
ADA and produce said documentation to CDOT upon request.
16. Town of Avon shall adopt a Transit Asset Management Plan that complies with
regulations implementing 49 U.S.C. § 5326(d). Town of Avon shall maintain and report
annually to the National Transit Database (NTD) all required financial, service, and
performance data.
17. Town of Avon shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE
regulations, 49 CFR Part 26, and CDOT’s DBE program.
18. Town of Avon agrees that any incidental use (e.g. meal or package delivery) of any
capital assets shall not reduce the quality or availability of its regular public
transportation service.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the
first option)
Subrecipient
Insert Subrecipient's Full Legal Name, including
"Inc.", "LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number
of the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number
of this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month,
Day, Year
Local Match Amount
(%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement
referenced above, the State hereby exercises its option for an additional term/end of term
extension, beginning Insert start date and ending on the current agreement expiration date
shown above, at the rates stated in the Original Agreement, as amended.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____,
whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this
Option Letter is not valid until signed and
dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_____________________________________
__
Department of Transportation
Option Letter Effective Date:
__________________
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS
1.1. The Grant to which these Federal Provisions are attached has been funded, in
whole or in part, with an Award of Federal funds. In the event of a conflict
between the provisions of these Federal Provisions, the Special Provisions, the
body of the Grant, or any attachments or exhibits incorporated into and made
a part of the Grant, the provisions of these Federal Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their
subrecipients, including ensuring their subrecipients comply with federal
statutes, Award Terms and Conditions, Treasury’s Final Rule, and reporting
requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2 nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these
provisions and adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these
Federal Provisions, as may be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have
the meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant
setting forth the terms and conditions of that financial assistance, that a
non-Federal Entity receives or administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or
Subaward to a non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in
a management position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as
defined by the US Department of Treasury in “Appendix 1 of the
Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds” report available at www.treasury.gov.
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2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to
which these Federal Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe,
institution of higher education, or nonprofit organization that carries out
a Federal Award as a Recipient or a Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association,
cooperative, or other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations
of the organization.
2.1.10. “OMB” means the Executive Office of the President, Office of
Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a
Subaward to a Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution
of higher education identified as the Grantor in the Grant to which these
Federal Provisions are attached .
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient
funded in whole or in part by a Federal Award. The terms and conditions
of the Federal Award flow down to the Subaward unless the terms and
conditions of the Federal Award specifically indicate otherwise in
accordance with 2 CFR 200.101. The term does not include payments to
a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a
Federal agency under an Award or Subaward to a non-Federal Entity)
receiving Federal funds through a Prime Recipient to support the
performance of the Federal project or program for which the Federal
funds were awarded. A Subrecipient is subject to the terms and conditions
of the Federal Award to the Prime Recipient, including program
compliance requirements. The term does not include an individual who is
a beneficiary of a federal program . For SLFRF Grants, a subrecipient
relationship continues to exist for Expenditure Category 6.1 Revenue
Replacement.
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2.1.15. “System for Award Management (SAM)” means the Federal
repository into which an Entity must enter the information required under
the Transparency Act, which may be found at http://www.sam.gov.
“Total Compensation” means the cash and noncash dollar value earned by
an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and
includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights,
using the dollar amount recognized for financial statement
reporting purposes with respect to the fiscal year in accordance
with the Statement of Financial Accounting Standards No. 123
(Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not
including group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension
plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g., severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property)
for the Executive exceeds $10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of
Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards . The terms and conditions of the
Uniform Guidance flow down to Awards to Subrecipients unless the
Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
2.1.18. “Unique Entity ID Number” means the Unique Entity ID established
by the federal government for a Grantee at
https://sam.gov/content/home
3. COMPLIANCE.
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3.1. Grantee shall comply with all applicable provisions of the Transparency Act
and the regulations issued pursuant thereto, all provisions of the Uniform
Guidance, and all applicable Federal Laws and regulations required by this
Federal Award. Any revisions to such provisions or regulations shall
automatically become a part of these Federal Provisions, without the
necessity of either party executing any further instrument. The State of
Colorado, at its discretion, may provide written notification to Grantee of
such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must
not include terms or conditions that undermine efforts to stop COVID -19 or
discourage compliance with recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the
Grantee submits the final financial report required under the Award or
receives final payment, whichever is later. Grantee shall review and update
SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and
shall update Grantee’s information in SAM.gov at least annually.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000
or more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal
procurement Agreements and Subcontractors and/or Federal
financial assistance Awards or Subawards subject to the
Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code
of 1986.
6. REPORTING.
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6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act,
Grantee shall report data elements to SAM and to the Prime Recipient as
required in this Exhibit. No direct payment shall be made to Grantee for
providing any reports required under these Federal Provisions and the cost of
producing such reports shall be included in the Grant price. The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such
are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Grant and shall become part of Grantee’s
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1,
2010, if the initial award is $30,000 or more. If the initial Award is below
$30,000 but subsequent Award modifications result in a total Award of
$30,000 or more, the Award is subject to the reporting requirements as of
the date the Award exceeds $30,000. If the initial Award is $30,000 or more,
but funding is subsequently de-obligated such that the total award amount
falls below $30,000, the Award shall continue to be subject to the reporting
requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required;
and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made
by Prime Recipient as of December 26, 2015. The standards set forth in §11
below are applicable to audits of fiscal years beginning on or after December
26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED]
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented
procurement procedures which reflect applicable State, local, and Tribal
laws and applicable regulations, provided that the procurements conform to
applicable Federal law and the standards identified in the Uniform Guidance,
including without limitation, 2 CFR 200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and
to the extent consistent with law, the non -Federal entity should, to the
greatest extent practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section
must be included in all subawards including all Agreements and p urchase
orders for work or products under this award.
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9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or
an agency of a political subdivision of the State, its Contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access
to Subrecipient’s records and financial statements as necessary for Recipient
to meet the requirements of 2 CFR 200.332 (Requirements for pass-through
entities), 2 CFR 200.300 (Statutory and national policy requirements) through
2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of
the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a
single or program-specific audit conducted for that year in accordance with
the provisions of Subpart F -Audit Requirements of the Uniform Guidance,
issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in
accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except
when it elects to have a program -specific audit conducted in accordance
with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect
to have a program-specific audit if Subrecipient expends Federal Awards
under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and
conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program -specific audit may not be elected for
research and development unless all of the Federal Awards expended were
received from Recipient and Recipient approves in advance a program -
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal
Awards during its fiscal year, the Subrecipient shall be exempt from
Federal audit requirements for that year, except as noted in 2 CFR 200.503
(Relation to other audit requirements), but records shall be available for
review or audit by appropriate officials of the Federal agency, the State,
and the Government Accountability Office.
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11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall
procure or otherwise arrange for the audit required by Subpart F of the
Uniform Guidance and ensure it is properly performed and submitted
when due in accordance with the Uniform Guidance. Subrecipient shall
prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other
information as needed for the auditor to perform the audit required by
Uniform Guidance Subpart F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or
the Prime Recipient, Grantees that are Subrecipients shall comply with the
following provisions. Subrecipients shall include all of the following
applicable provisions in all Subcontractors entered into by it pursuant to this
Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal
Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all Agreements that meet the definition of “federally assisted
construction Agreement” in 41 CFR Part 60-1.3 shall include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive
Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded
construction, alteration and repair projects.] Davis-Bacon Act. Davis-
Bacon Act, as amended (40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the
Federal Award meets the definition of “funding agreement” under 37 CFR
401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an
Agreement with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37
CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Agreements and
Cooperative Agreements,” and any implementing regulations issued by
the Federal Awarding Agency.
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12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and
subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal awardees to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal Awarding Agency and the Regional Office of the Environmental
Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A
Agreement award (see 2 CFR 180.220) must not be made to parties listed
on the government wide exclusions in SAM , in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that
apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any
Federal Agreement, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding
agencies and recipients are subject to the regulations implementing
“Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2
CFR part 183 affect covered Agreements, grants and cooperative
agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories,
and are in support of a contingency operation in which members of the
Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance
services or equipment (2 CFR 200.216). Grantee is prohibited from
obligating or expending loan or grant funds on certain telecommunications
and video surveillance services or equipment pursuant to 2 CFR 200.216.
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12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor,
Subcontractor, transferee, and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial
assistance from excluding from a program or activity, denying benefits of,
or otherwise discriminating against a person on the basis of race, color,
or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are
herein incorporated by reference and made a part of this Agreement (or
agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department
of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein
incorporated by reference and made part of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado
Agreement with Recipient of Federal Recovery Funds” Certification Form in
Exhibit E and submit to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may
require Subrecipient to submit certifications and representations required by
Federal statutes or regulations on an annual basis. 2 CFR 200.208.
Submission may be required more frequently if Subrecipient fails to meet a
requirement of the Federal award. Subrecipient shall certify in writing to
the State at the end of the Award that the project or activity was completed
or the level of effort was expended. 2 CFR 200.201(3). If the required level
of activity or effort was not carried out, the amount of the Award must be
adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award
as a natural person, unrelated to any business or non-profit organization he
or she may own or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the
previous tax year is exempt from the requirements to report Subawards and
the Total Compensation of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of
default under the Grant and the State of Colorado may terminate the Grant
upon 30 days prior written notice if the default remains uncured five calendar
days following the termination of the 30 -day notice period. This remedy will
be in addition to any other remedy available to the State of Colorado under
the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole
or in part as follows:
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15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non-
Federal Entity fails to comply with the terms and conditions of a Federal
Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the
greatest extent authorized by law, if an award no longer effectuates the
program goals or agency priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the
consent of the Non-Federal Entity, in which case the two parties must
agree upon the termination conditions, including the effective date and,
in the case of partial termination, the portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding
Agency or Pass-through Entity written notification setting forth the
reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the Federal
Awarding Agency or Pass-through Entity determines in the case of partial
termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award
was made, the Federal Awarding Agency or Pass-through Entity may
terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to
termination provisions included in the Federal Award.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal
Government or CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT does not and shall not have any commitment or liability related
to the Underlying Agreement, to any Third party Participant at any tier, or to any other person
or entity that is not a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any
Solicitation or Third party Agreement at any tier that may affect the underlying Agreement, the
Federal Government and CDOT does not and shall not have any commitment or liability to any
Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the
Subrecipient) to the underlying Agreement.
Section 4(f) – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the
Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S.
DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal
Government the truthfulness and accuracy of any claim, statement, submission,
certification, assurance, affirmation, or representation that the Subrecipient provides to the
Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil
Remedies Act of 1986, as amended, and other applicable penalties if the Subrecipient
presents, submits, or makes available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false,
fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation
in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any
other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
(a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party
Participants to retain, complete and readily accessible records related in whole or in part to the
underlying Agreement, including, but not limited to, data, documents, reports, statistics,
subagreements, leases, third party contracts, arrangements, other third party agreements of any
type, and supporting materials related to those records.
(b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the
applicable U.S. OT Common Rule. Records pertaining to its Award, the accompanying
underlyingAgreement, and any Amendments thereto must be retained from the day the underlying
Agreement was signed by the authorized FTA (or State) official through the course of the Award, the
accompanying Agreement, and any Amendments thereto until three years after the Subrecipient has
submitted its last or final expenditure report, and other pending matters are closed.
(c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that
each Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to
inspect and audit records and information related to its Award, the accompanying Agreement,
and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly
authorized representatives, to the Comptroller General of the United States, and the Comptroller
General’s duly authorized representatives, and to the Subrecipient and each of its Subrecipients,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and
to audit any information related to its Award under the control of the Subrecipient or Third party
Participant within books, records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set
forth in the applicable U.S. DOT Common Rules.
(d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party
Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the
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accompanying Agreement, and any Amendments thereto, and to make site visits as needed in
compliance with State and the U.S. DOT Common Rules.
(e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this
section of the Master Agreement.
3(G) – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance.
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance.
All standards or limits are minimum requirements when those standards or limits are included in the
Recipient’s Agreement or this Master Agreement. At the time the FTA Authorized Official (or CDOT)
awards federal assistance to the Subrecipient in support of the Agreement, the federal requirements
and guidance that apply then may be modified from time to time and will apply to the Subrecipient
or the accompanying Agreement, except as FTA determines otherwise in writing.
12 – Civil Rights
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that
each Third party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.;
(ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,”
49 CFR part 21; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332; and
(3) Follow:
(i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines
for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance;
(ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR
§ 50.3; and
(iii) All other applicable federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third
Party Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin, and:
(i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.;
(ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C.
§§ 12101, et seq.;
(iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order
that amends or supersedes it in part and is applicable to federal assistance programs;
(iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12
of the Master Agreement;
(v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines
for Federal Transit Administration Recipients;” and
(vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements.
(2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will:
(i) Affirmative Action. Take affirmative action that includes, but is not limited to:
(A) Recruitment advertising, recruitment, and employment;
(B) Rates of pay and other forms of compensation;
(C) Selection for training, including apprenticeship, and upgrading; and
(D) Transfers, demotions, layoffs, and terminations; but
(ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts
Indian Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when
undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor,” 41 CFR chapter 60; and
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(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,”
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order
that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following
federal prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which
prohibits discrimination on the basis of disability in the administration of federally
assisted Programs, Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not
apply because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a
prohibited basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for
seniors or individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),”
49 CFR part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and
U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger
Vessels,” 49 CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,” 47
CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
Standards,” 36 CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part
609;
(x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xi) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws,
regulations, and requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party
Contracting Guidance,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance.
Energy Conservation – 26.j
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(a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply
with the mandatory energy standards and policies of its state energy conservation plans under
the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an
energy assessment for any building constructed, reconstructed, or modified with federal
assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR part
622, subpart C.
Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
(a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the
Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal
assistance for the Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award;
(2) The Federal Government determines that continuing to provide federal assistance to support the
Award does not adequately serve the purposes of the law authorizing the Award; or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would
endanger substantial performance of the Agreement.
(b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate
obligations properly incurred before the termination date to the extent that the obligations cannot
be canceled. The Federal Government may recover the federal assistance it has provided for the
Award, including the federal assistance for obligations properly incurred before the termination date,
if it determines that the Subrecipient has misused its federal assistance by failing to make adequate
progress, failing to make appropriate use of the Project property, or failing to comply with the
Agreement, and require the Subrecipient to refund the entire amount or a lesser amount, as the
Federal Government may determine including obligations properly incurred before the termination
date.
(c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of
any period of performance established for the Award does not, by itself, constitute an expiration or
termination of the Award; FTA may extend the period of performance to assure that each Formula
Project or related activities and each Project or related activities funded with “no year” funds can
receive FTA assistance to the extent FTA deems appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
(a) Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 CFR part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220
and 1200.220) with any Third Party Participant that is, or whose principal is, suspended,
debarred, or otherwise excluded from participating in covered transactions, except as
authorized by-
(i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200;
(ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment
and Suspension (Nonprocurement),” 2 CFR part 180; and
(iii) Other applicable federal laws, regulations, or requirements regarding participation with
debarred or suspended Subrecipients or Third Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from
Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations,
2 CFR part 1200.
(4) It will that its Third Party Agreements contain provisions necessary to flow down these
suspension and debarment provisions to all lower tier covered transactions.
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(5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party
Participant or individual, the Subrecipient will provide immediate written notice to the:
(i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements
the underlying Agreement,
(ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(iii) FTA Chief Counsel.
Applicable to Awards exceeding the simplified acquisition threshold ($100,000 -see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to
comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C.
§ 5323(j).
Section 39. Disputes, Breaches, Defaults, and Litigation.
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law,
regulation, or disagreement involving the Award, the accompanying underlying Agreement, and
any Amendments thereto including, but not limited to, a default, breach, major dispute, or
litigation, and FTA reserves the right to concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may
affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief
Counseland FTA Regional Counsel for the Region in which the Subrecipient is located. The
Subrecipient must include a similar notification requirement in its Third Party Agreements and
must require each Third Party Participant to include an equivalent provision in its subagreements
at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220
and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation
or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal
Government’s interests in the Award, the accompanying Underlying Agreement, and any
Amendments thereto, or the Federal Government’s administration or enforcement of federal
laws, regulations, and requirements.
(3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the
U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the
Region in which the Subrecipient is located, if the Subrecipient has knowledge of potential
fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification
provision applies if a person has or may have submitted a false claim under the False Claims
Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of
law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or
embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another agreement
between the Subrecipient and FTA, or an agreement involving a principal, officer, employee,
agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any
tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a
criminal or civil investigation by a Federal, state, or local law enforcement or other
investigative agency, a criminal indictment or civil complaint, or probable cause that could
support a criminal indictment, or any other credible information in the possession of the
Subrecipient. In this paragraph, “promptly” means to refer information without delay and
without change. This notification provision applies to all divisions of the Subrecipient,
including divisions tasked with law enforcement or investigatory functions.
(c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share
of any proceeds recovered from any third party, based on the percentage of the federal share
for the Agreement. Notwithstanding the preceding sentence, the Subrecipient may return all
liquidated damages it receives to its Award Budget for its Agreement rather than return the
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federal share of those liquidated damages to the Federal Government, provided that the
Subrecipient receives FTA’s prior written concurrence.
(d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any
third party agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will
use federal assistance to influence any officer or employee of a federal agency, member of Congress
or an employee of a member of Congress, or officer or employee of Congress on matters that involve
the underlying Agreement, including any extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended;
(ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent
consistent with 31 U.S.C. § 1352, as amended; and
(iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use
of federal assistance for any activity concerning legislation or appropriations designed to
influence the U.S. Congress or a state legislature; and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such
lobbying activities described above may be undertaken through the Subrecipient’s or
Subrecipient’s proper official channels.
Section 26. Environmental Protections – Clean Air and Clean Water
(d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance,
and assures that its Third Party Participants will comply or facilitate compliance, with all
applicable federal laws, regulations, and requirements, and will follow applicable guidance,
including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of
1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson
Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act,
Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No.
11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended,
“Floodplain Management.”
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to
comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including:
(a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and
FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49
U.S.C. § 5323(j);
(c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of
46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag
Vessels,” 46 CFR part 381; and
(d) Fly America. The air transportation requirements of Section 5 of the International Air
Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S.
General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,”
41 CFR §§ 301-10.131 – 301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing protections for
construction employees involved in each Project or related activities with federal assistance provided
through the underlying Agreement, including the:
(1) Prevailing Wage Requirements of:
(i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis-Bacon Related Act”);
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(ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and
(iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety St andards Act),”
29 CFR part 5.
(2) Wage and Hour Requirements of:
(i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §
3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),”
29 CFR part 5.
(3) “Anti-Kickback” Prohibitions of:
(i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874;
(ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and
(iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3.
(4) Construction Site Safety of:
(i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §
3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR
part 1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and
Health Regulations for Construction,” 29 CFR part 1926.
From Section 16
(n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions
as provided in federal regulations and guidance:
(1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project
or related activities implementing the Agreement that involve construction, it will provide bid
guarantee bonds, contract performance bonds, and payment bonds.
(2) Activities Not Involving Construction. For each Project or related activities implementing the
Agreement not involving construction, the Subrecipient will not impose excessive bonding and
will follow FTA guidance.
From Section 23
(b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of
1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part
41, specifically, 49 CFR § 41.117.
Section 12 Civil Rights D(3)
Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 CFR chapter 60, and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive
Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
(b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third
Party Participant will comply with all federal laws, regulations, and requirements providing wage
and hour protections for nonconstruction employees, including Section 102 of the Contract Work
Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act,
40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions
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Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act),” 29 CFR part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements. As a condition of award of federal
assistance appropriated or made available for FTA programs involving public transportation
operations, the Subrecipient agrees to comply and assures that each Third Party Participant will
comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments
thereto involve public transportation operations and are supported with federal assistance
appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b),
5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other
provisions of law as required by the Federal Government, U.S. DOL must provide a
certification of employee protective arrangements before FTA may provide federal
assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL
is a condition of the underlying Agreement and that the Subrecipient must comply with its
terms and conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is
supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S.
DOL will provide a Special Warranty for its Award, including its Award of federal assistance
under the Tribal Transit Program. The Subrecipient agrees that its U.S. DOL Special Warranty
is a condition of the underlying Agreement and the Subrecipient must comply with its terms
and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. §
5310. The Subrecipient agrees, and assures that any Third Party Participant providing public
transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former
49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to
apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program
to provide public transportation for seniors (elderly individuals) and individuals with
disabilities, FTA reserves the right to make case-by- case determinations of the applicability
of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States
Code (flex funds), and make other exceptions as it deems appropriate.
Section 28. Charter Service.
(a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the
Award will engage in charter service, except as permitted under federal transit laws, specifically 49
U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal
Charter Service regulations, federal requirements, or federal guidance.
(b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service
regulations, FTA has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal
assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and
Reverse Commute (JARC)-type Project or related activities that would have been eligible for
assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year,
provided that the Subrecipient uses that federal assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the
federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-
type Project or related activities that would have been eligible for federal assistance under
repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the
Subrecipient uses that federal assistance for program purposes only.
(c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter
Service regulations, FTA may require corrective measures and remedies, including withholding an
amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604,
appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in
49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142.
Section 29. School Bus Operations.
(a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is
participating in its Award will engage in school bus operations exclusively for the transportation of
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students or school personnel in competition with private school bus operators, except as permitted
by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR
part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal
requirements, or applicable federal guidance.
(b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation
of FTA’s School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third
Party Participant to take such remedial measures as FTA considers appropriate, or bar the
Subrecipient or Third Party Participant from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants
will comply with:
(i) Federal transit laws, specifically 49 U.S.C. § 5331;
(ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
Operations,” 49 CFR part 655; and
(iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace
Drug and Alcohol Testing Programs,” 49 CFR part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the
Subrecipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53
is not in compliance with 49 CFR part 655, the Federal Transit Administrator may bar that
Subrecipient or Third Party Participant from receiving all or a portion of the federal transit
assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights
when the Subrecipient or Third Party Participant produces a patented or patentable invention,
improvement, or discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived
or reduced to practice with federal assistance provided through the underlying Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding
section 17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and
provide a detailed report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in
that federally assisted invention, improvement, or discovery will be determined as provided in
applicable federal laws, regulations, requirements, and guidance, including any waiver thereof,
and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the
status of any Third Party Participant as a large business, small business, state government, state
instrumentality, local government, Indian tribe, nonprofit organization, institution of higher
education, or individual, the Subrecipient will transmit the Federal Government’s patent rights
to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” 37 CFR part 401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient
agrees that license fees and royalties for patents, patent applications, and inventions produced with
federal assistance provided through the Agreement are program income and must be used in
compliance with applicable federal requirements.
Section 18. Rights in Data and Copyrights.
(a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information
whether or not copyrighted, and that is delivered or specified to be delivered as required by the
Agreement. Examples of “subject data” include, but are not limited to computer software,
standards, specifications, engineering drawings and associated lists, process sheets, manuals,
technical reports, catalog item identifications, and related information, but do not include financial
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reports, cost analyses, or other similar information used for performance or administration of the
underlying Agreement.
(b) General Federal Restrictions. The following restrictions apply to all subject data first produced in
the performance of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part,
or in any manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s
own internal use, an institution of higher learning, the portion of subject data that the Federal
Government has previously released or approved for release to the public, or the portion of data
that has the Federal Government’s prior written consent for release.
(c) Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-
free, non-exclusive, and irrevocable. The Federal Government’s license must permit the Federal
Government to reproduce, publish, or otherwise use the subject data or permit other entities or
individuals to use the subject data provided those actions are taken for Federal Government
purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a
worldwide, non-exclusive, non-transferable, paid-up, royalty-free copyright license, including
all rights under copyright, to any and all Publications and Digital Data Sets as such terms are
defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully
or partially by this funding agreement. The Subrecipient herein acknowledges that the above
copyright license grant is first in time to any and all other grants of a copyright license to such
Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim
of exclusive copyright to the same.
(d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical
Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance
for a research, development, demonstration, deployment, technical assistance, or special studies
program is to increase transportation knowledge, rather than limit the benefits of the Award to the
Subrecipient and its Third Party Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs
described above is completed, it must provide a report of the Agreement that FTA may publish
or make available for publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data,
and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier,
except as the Federal Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or
proprietary information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with
federal assistance for the Award becomes “subject data” and must be delivered as the Federal
Government may direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing
equipment or program that is both for the Subrecipient’s use and acquired with FTA capital
program assistance.
(e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient
agrees that license fees and royalties for patents, patent applications, and inventions produced with
federal assistance provided through the Agreement are program income and must be used in
compliance with federal applicable requirements.
(f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it
intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation under
the preceding section occurs from any of the publication, translation, reproduction, delivery, use or
disposition of subject data, then it will indemnify, save, and hold harmless against any liability,
including costs and expenses of the Federal Government’s officers, employees, and agents acting
within the scope of their official duties. The Subrecipient will not be required to indemnify the
Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts of federal officers, employees or agents, or if i ndemnification is prohibited or
limited by applicable state law.
(g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or
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may be construed to affect the scope of any license or other right otherwise granted to the Federal
Government under any patent.
(h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain
circumstances it may need to provide to FTA data developed without any federal assistance or
support. Nevertheless, this section generally does not apply to data developed without federal
assistance, even though that data may have been used in connection with the Award. The
Subrecipient agrees that the Federal Government will not be able to protect data developed without
federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or
“Confidential.”
(i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal
Government may be required to release data and information the Subrecipient submits to the Federal
Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting
and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not
limited to, the submission and approval of a Data Management Plan, the use of Open Researcher
and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record
in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely
and complete submission of all required publications and associated digital data sets as such
terms are defined in the DOT Public Access plan. Additional information about how to comply
with the requirements can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records
pertaining to the Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
(e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations,
or requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant
will facilitate, participation by small business concerns owned and controlled by soci ally and
economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises”
(DBEs), in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(i) Section 11101(e) of IIJA;
(ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 CFR part 26; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master
Agreement.
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating
assistance and that will award prime third party contracts exceeding $250,000 the requirements
of 49 CFR part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-
assisted transit vehicle procurements, must certify that it has complied with the
requirements of 49 CFR part 26; and
(ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle
purchase, the Subrecipient must submit to FTA the name of the TVM contractor and the total
dollar value of the third party contract, and notify FTA that this information has been
attached to FTA’s electronic award management system. The Subrecipient must also submit
additional notifications if options are exercised in subsequent years to ensure that the TVM
is still in good standing.
(4) Assurance. As required by 49 CFR § 26.13(a):
(i) Recipient Assurance. The Subrecipient agrees and assures that:
(A) It must not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any FTA or U.S. DOT-assisted contract, or in the administration of
its DBE program or the requirements of 49 CFR part 26;
(B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted contracts;
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(C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is
incorporated by reference and made part of the Underlying Agreement; and
(D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure
to carry out its terms shall be treated as a violation of this Master Agreement.
(ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient
agrees and assures that it will include the following assurance in each subagreement and
third party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party
Subcontractors to include the following assurance in every subagreement and third party
contract it signs:
(A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and
third party subcontract, as applicable, and the administration of its DBE program or the
requirements of 49 CFR part 26;
(B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT-assisted subagreements, third party
contracts, and third party subcontracts, as applicable;
(C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23))
is a material breach of their subagreement, third party contract, or third party
subcontract, as applicable; and
(D) The following remedies, or such other remedy as the Subrecipient deems appropriate,
include, but are not limited to, withholding monthly progress payments; assessing
sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party
Contractor, or Third Party Subcontractor from future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program,
FTA or U.S. DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate
cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following
federal prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which
prohibits discrimination on the basis of disability in the administration of federally
assisted Programs, Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not
apply because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a
prohibited basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for
seniors or individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),”
49 CFR part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
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(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and
U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger
Vessels,” 49 CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,” 28 CFR part 36;
(vii)U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications
Relay Services and Related Customer Premises Equipment for Persons with Disabilities,”
47 CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
Standards,” 36 CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609,
(xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xii) Other applicable federal civil rights and nondiscrimination regulations and
guidance.
Section 16. Procurement.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws,
regulations, and requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party
Contracting Guidance,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
(a) Types of Information. To the extent required under federal law, the State, agrees to provide the
following information about federal assistance awarded for its State Program, Project, or related
activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State
Program or Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal
assistance for a State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
(b) Documents. The State agrees to provide the information required under this provision in
the following documents: (1) applications for federal assistance, (2) requests for
proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other
publications.
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EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State.
This checklist is provided as guidance and is subject to change by State. State shall
provide notice of any such changes to Subrecipient. All items may not apply to your
particular entity. State’s goal is to reimburse Subrecipients as quickly as possible and a
well organized and complete billing packet helps to expedite payment.
Verification of Payment –
✓ General Ledger Report must have the following:
Identify check number or EFT number;
If no check number is available, submit Accounts Payable Distribution report
with the General Ledger;
In-Kind (must be pre-approved by State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
✓ If no General Ledger Report, all of the following are acceptable:
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check
number or electronic funds transfer (EFT), and the date paid.
✓ State needs to ensure that expenditures incurred by the local agencies have been
paid by Party before State is invoiced by Party.
✓ Payment amounts should match the amount requested on the reimbursement.
Additional explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must
be approved by State prior to any Work taking place.
✓ If in-kind or cash match is being used for the Local Match, the in -kind or cash
match portion of the project must be included in the project application and the
statement of work attached to the Agreement or purchase order. FTA does not
require pre-approval of in-kind or cash match, but State does.
✓ General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved
by State prior to applying it to the reimbursements.
✓ If indirect costs are being requested, an approved indirect letter from State or
your cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be
provided. The letter must state what indirect costs are allowed, the approved
rate and the time period for the approval. The indirect cost plan must be
reconciled annually and an updated letter submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed
and approved prior to including these costs in the reimbursements.
✓ Submit an approval letter from the cognizant agency for indirect costs, as
defined in 2 CCR §200. 19, that verifies fringe benefit, or
✓ Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
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970-748-4413 matt@avon.org
TO: Honorable Mayor Underwood and Avon Town Council FROM: Matt Pielsticker, AICP, Community Development Director
RE: QUASI-JUDICIAL PUBLIC HEARING | First Reading of Ordinance 26-02
Village (at Avon) PUD Amendment | File PUD23002
Vested Property Rights Extension | File VPR23001
DATE: January 8, 2026
INTRODUCTION: This Staff report contains the review of a Planned Unit Development (“PUD”) Amendment
application and Vested Property Rights Extension application. The PUD Amendment is a joint application
“(Attachment A”) by and between the Town of Avon and the Traer Creek, LLC development team (“Traer
Creek”). It includes various amendments to the Village (at Avon) PUD Guide, PUD Master Plan map, and
also the Consolidated, Amended and Restated Annexation and Development Agreement (“CARADA”). The
PUD Master Plan map modifications to the established Planning Areas within the PUD are part of the Town
of Avon’s proposal to rename some planning areas for Community Housing use.
After two (2) meetings first held on November 10, 2025, and December 8, 2025, the Avon Planning and
Zoning Commission (“PZC”) voted 6-0 to recommend approval of these applications. Affirmative action on
Ordinance 26-02 (“Attachment B”), and the accompanying draft Record of Decision, would conditionally
approve the applications as recommended by PZC.
At the January 13, 2026, public hearing, time will be allotted for staff and Traer Creek presentations, public
comments, Town Council (“Council”) questions, and deliberations. Given the scope of the amendments
and the volume of attached materials, I recommend that the Council continue the public hearing to a future
date. The Municipal Code allows for continuation for a period not to exceed 65 days.
BACKGROUND: 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 located next to Home Depot. 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 amendments 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 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 the extension of Vested Property Rights for Planning Areas K and
RMF-1 (the upper hillside north of I-70).
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 Avon Municipal Code (“AMC”)
§7.16.060, Planned Unit Development (PUD), to be heard by both PZC and Council.
The PZC reviewed the applications and provided a recommendation to Council. Council shall review and
make a final decision after conducting a public hearing. As part of this process, both the PZC and Council
review the PUD Amendment according to the same approval criteria listed for Preliminary PUD
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 2 of 18
Staff Review &
Public Notice
PZC Hearing & Decision
Dec 8, 2025
PZC Hearing
Nov 10, 2025
Town Council
1st Reading
Jan 13, 2026
Town Council 2nd Reading
TBD
development plans. This PUD Amendment will be memorialized through two readings of the attached
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.
Per the Village (at Avon) PUD Guide, PUD Amendments proposed 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.
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 Area 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
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 3 of 18
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 ½ 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.
These images highlight the existing and proposed PUD Master Plan map changes.
Existing PUD Map (above) – Proposed PUD Map (below)
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 4 of 18
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 when 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.
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.
Superimposed Building D on CH1 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
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 5 of 18
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-J”), 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
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 in the PUD.
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 prior to
the first PZC hearing. At the November 10, 2025 meeting PZC conducted a public hearing and continued
the application until December 8, 2025. A second mailed and Vail Daily legal notice took place prior to this
first Council hearing.
Written and oral comments were received at both PZC public hearings. Written public comments are
attached (“Attachment C”) 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:
After two public hearings and review of public comment, PZC formulated a recommendation to approve the
PUD Amendment with two conditions:
1. Amend PUD Guide for Planning Area A to permit 60 feet building height as a use by right
(not a special review use).
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
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2. Amend PUD Guide for Planning Area D for areas within 250’ of the southern boundary to maintain the existing 48-feet maximum building height, with a special review use for
additional building height up to a maximum of 60 feet.
These recommended conditions highlight the comfort with height in Planning Area A and some general
concern with building height increases in Planning Area D. A special review use requires the review of site
specific requests by PZC after a publicly notified hearing. There was discussion and initial hesitation with
the density increases, however, PZC determined that the other development parameters (e.g. setbacks,
parking, etc.) would govern the overall density and intensity of development in the valley floor.
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 Council 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 to those areas will increase housing options for the local workforce by offering
dedicated housing options for 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.
PUD AMENDMENT REVIEW CRITERIA
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 7 of 18
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.
Concerns over compatibility with the adjacent Eaglebend neighborhood were expressed
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 and does not
affect 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 initial housing commitment for 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.
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 8 of 18
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.
(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.
Increasing 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
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 9 of 18
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
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
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 10 of 18
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
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
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
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The proposed CH-1 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
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.
The following recommended findings for consideration by Council 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):
1. 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.
PUD AMENDMENT FINDINGS
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
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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 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:
VESTED PROPERTY RIGHTS EXTENSION
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
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(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 in 2009/2010 was 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 mountain properties in the valley has 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 development 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 Amendment & Vested Property Rights January 8, 2026
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(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 and open space. 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 for this area. 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. I
recommend that a soft surface trail corridor be designed and platted as part of any future
subdivision process for PA-K and/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 modeled the
financial benefits and costs for operation and maintenance of public amenities (e.g. PA-B
park). The attached Memorandum from Paul Redmond (“Attachment D”) provides a
snapshot of the current credit Public Improvement Fee (PIF) cap, revenues, and projects 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. Extending
rights to the Mountainside would continue to focus public infrastructure and investment in
private development in Planning Areas A, B, C, D and J.
(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 Town regulations. All future building codes except
for the cul-de-sac requirements contained in the International Fire Code would apply.
(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;
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 15 of 18
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
supportive of future development. However, the PUD Guide should be updated in 2039 to
eliminate AMC exceptions, modernize language, and ensure that development is in sync with
the document..
(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
addresses 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. At the PZC meetings there was some
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, evacuations) 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 I.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.
I met with Eagle River Fire Protection District staff to discuss the proposal for extending the
right to development 280 Dwelling Units on the Mountainside.
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 16 of 18
As noted above, 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 “Mountainside”. The Eagle County Wildfire hazard map rates the Mountainside area
as Moderate. A more site-specific wildfire analysis would be conducted at the time of
subdivision.
Eagle County Wildfire Hazard Rating Map
The following findings were suggested by PZC, and are being provided for consideration by 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 attached (DRAFT) Record of Decision for Council, Exhibit C to Ordinance 26-02, takes a slightly
different approach to the Vested Rights Extension request. The Record of Decision speaks to the extent of
public infrastructure either existing or current underway in the valley floor. Extending rights in the
Mountainside, and supporting valley floor buildout adjacent to existing infrastructure is an efficient pattern of
development for the foreseeable future.
VESTED PROPERTY RIGHTS FINDINGS
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 17 of 18
The Council may continue the public hearing on its own initiative for a maximum of sixty-five (65) days after
the date of the initial public hearing (AMC §7.16.020(d)(e)). The Council will act on the two applications
concurrently. If additional application materials are desired by the Council to determine compliance with
the criteria, additional information can be required. According to AMC §7.16.020(f)(2): Authority to Require
Additional Studies:
“If the reviewing authority finds that the submittal materials are not adequate to
evaluate the development against the review criteria, it may require additional
studies as necessary. In doing so, the reviewing authority shall indicate the specific
consequences or concerns for which the standard submittal requirements fail to
provide adequate means of evaluation and the data or information needed for proper
evaluation.”
The Council can also add specific conditions as part of the action. The attached Ordinance and draft
Record of Decision carry forward PZC recommended conditions. The 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.”
OPTIONS: Council has the following options:
• Continue Public Hearing to future Public Hearing date.
• Approve 1st Reading of Ordinance 26-02 as Drafted
• Approve 1st Reading of Ordinance 26-02, with direction to modify conditions.
• Direct Staff to prepare Record of Decision for denial.
RECOMMENDATION: I recommend that Council come to the meeting with questions prepared and take
public comment into account before any action. If additional information is needed, the applications may be
continued to a future date in accordance with AMC §7.16.020(e) Public Hearings. Staff found the
applications generally in conformance with the review criteria as documented in this report. If Council is in
COUNCIL ACTION - OPTIONS
Village (at Avon) PUD Amendment & Vested Property Rights January 8, 2026
Page 18 of 18
concurrence with the PZC recommendations, Ordinance 26-02 is included for consideration. Optional
motions for continuance are also included for convenience.
RECOMMENDED MOTIONS (Optional):
“I move to continue the applications to , 2026 with direction for additional materials to
include _______________.”
Or
“I move to approve Ordinance 26-02 on first reading, setting forth a second reading and public hearing date
of ________________, 2026.”
Thank you, Matt
ATTACHMENT A: Application Narrative
ATTACHMENT B: Ordinance 26-02
Exhibit A – Findings of Fact and Record of Decision
Exhibit B – Restated PUD Guide
Exhibit C – First Amended CARADA
ATTACHMENT C: Public Comments
ATTACHMENT D: Financial Status of Village (at Avon)
PUD Amendment & Vesting Extension
V ILLAGE (AT A VON)
October 2025
ATTACHMENT A
TEAM DIRECTORY
Ownership:
Marcus Lindholm
Traer Creek LLC
970.390.8651
marcuslindholm@TraerCreek.com
Michael Lindholm
Traer Creek LLC
970.390.8619
michaellindholm@TraerCreek.com
Market Analysis:
Richard Gollis
The Concord Group
949.717.6450
rmg@theconcordgroup.com
Entitlements:
Dominic Mauriello
Mauriello Planning Group, LLC
970.376.3318
dominic@mpgvail.com
Allison Kent
Mauriello Planning Group, LLC
970.390.8530
allison@mpgvail.com
Legal:
Munsey Ayers
Otten Johnson Robinson Neff &
Ragonetti PC
303.575.7555
munsey@ottenjohnson.com
Outreach and Communications:
Kristin Kenney Williams
Commfluent
970.390.0062
kristin@commfluent.com
Architecture:
Harvey Robertson
RMT Architects, PC
800.587.7058
harvey@rmtarchitects.com
Page of 2 23
ATTACHMENT A
SUMMARY OF A MENDMENTS
PUD Amendment Item Description Team
Planning Area E (Lot 3)
Planning Area D (Lot 8)
Rezone portions of PAE and PAD to CH-1. Traer
conveys Lot 8 to TOA, which shall be included in CH-1.
This will allow 36 AMI restricted for sale DU with a
building height of 48’. Modified setbacks to allow
flexibility. Domestic water service to DUs from water
bank, will count towards total PUD requirement for
Community Housing.
TOA
Public Facility-1 (Lot 5)
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
community housing, parking. Domestic water service to
DUs from water bank will count towards total PUD
requirement for Community Housing. Additional
restrictions to prevent parking on adjacent private
commercial land.
TOA
PUD Community Housing
Standards
Modify Affordable Housing in Section I to a new
Community Housing section, including standards of up
to 120% AMI rental and up to 140% AMI ownership.
Also allows for 85 units of Community Housing
obligation to be resident occupied. Allows for an
exemption on income levels for Town employees for 14
months. Allow Community Housing in PAA, PAK.
TOA
Maximum DU on cul-de-
sac
International Fire Code could be interpreted to restrict to
200 DUs on cul-de-sac, PUD allows 280 DUs on cul-de-
sac. Clarification to PUD Guide for current allowance of
280 DUs (PAI, PAJ, PAK, RMF1).
Traer Creek
Planning Area D and
Planning Area C
Allow 40 DU per acre, increase max building height to
60’ (5 stories), beyond 250’ of southern border up to 74’
(6 Stories) as special review use.
Traer Creek
Planning Area J Front setback change from 20’ to 10’, building height of
60’ and 5 stories for residential uses.Traer Creek
Short Term Rental
Added as use by right in certain planning areas including
corresponding Town parking requirements. TOA to
collect PIF.
TOA
Traer Creek
Planning Area A
Remove commercial floor area min. and max.
limitations. Within 250’ of the southern boundary line,
building height increase from 55’ to 60’ with a SRU.
Beyond the 250’ line an increase in building height from
80’ to 110’ for residential uses as an SRU.
TOA
Traer Creek
Vested Rights Extension of vested rights for PAK, RMF1, Block 3-PAJ
(all north of I-70).Traer Creek
Page of 3 23
ATTACHMENT A
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 of 4 23
ATTACHMENT A
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.
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ATTACHMENT A
The TOA’s 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 of 6 23
Traer Creek density and height
PUD amendment request
Traer Creek Vesting Extension
request of 20 years
Front setback and height
PUD amendment request
Traer Creed height PUD
amendment request
ATTACHMENT A
BACKGROUND
TC was named after a small creek on the north side of I-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 I-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 I-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 TOA’s 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 of 7 23
ATTACHMENT A
•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 I-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 I-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
I-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 of 8 23
ATTACHMENT A
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 of 9 23
ATTACHMENT A
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 I-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).
•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 of 10 23
The Piedmont at the Village (at Avon) includes 240 rental units.
(Source: piedmontapts.net)
ATTACHMENT A
The Village (at Avon) PUD tracking of dwelling units and commercial floor area provides the
following:
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.
Planning Area
Commercial Gross SF
Constructed or being
constructed
Dwelling Units Constructed (or being
constructed)
Market Rate Community
A 0 0 0
B 0 0 0
C 0 0 0
D 0 71 0
E 13,590 0 0
F 0 411 0
G 44,814 0 0
H 305,744 0 0
I 0 0 0
J 4,425 81 0
K 0 0 0
RMF-1 0 0 0
RMF-2 0 0 244
TOTAL 368,573 563 244
Use Permitted by PUD Constructed (or
being
constructed)
Remaining
Commercial Gross SF 825,000 368,573 456,427
Dwelling Units 2,400 807 1,593
Page of 11 23
ATTACHMENT A
•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
constructed)
Percentage
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 of 12 23
ATTACHMENT A
CRITERIA FOR REVIEW OF PUD AMENDMENT
1.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 Analysis:
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 of 13 23
ATTACHMENT A
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 I-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 of 14 23
ATTACHMENT A
‣Provides shared parking structures and parking districts to accommodate
vehicles without large expanses of ground level parking.
‣Screens regional commercial uses from I-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 of 15 23
ATTACHMENT A
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.
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:
Planning
Area
Density Allowed
(current)
Density
Proposed
Height Allowed
(current)
Height Proposed
PAA 25 dwelling units
per acre
No change 55’ within 250’ of south
boundary
80’ remainder, up to 110’
as Special Review Use
60’ within 250’ of south
boundary with an SRU
80’ remainder, up to 110’
as Special Review Use
PAC and
PAD
18 dwelling units
per acre
40 dwelling
units per
acre
48’60’ within 250’ of south
boundary (5 stories)
60’ / up to 74’ beyond
250’ as Special Review
Use
PAJ No change No change Single-family and duplex:
35 ft.
Multiple-family: 48 ft.
Mixed Use: 48 ft.
Residential and Vertically-
Integrated Mixed Use: 60
ft. with maximum of 5
stories
Page of 16 23
ATTACHMENT A
Page of 17 23
Front Gate - 60’The Piedmont - 52’
Springhill Suites - 54’1 Waterfront Way - 57.75’
The Ascent - 74’Wyndham - 80’
ATTACHMENT A
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.)
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 of 18 23
Yellow line shows the
approximation of 250’ from
southern boundary
ATTACHMENT A
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:
Page of 19 23
ATTACHMENT A
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 I-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 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 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 of 20 23
ATTACHMENT A
GUIDELINES FOR VESTING EXTENSION
The vesting extension requests are limited to Tract K, RMF1, and Block 3 of PAJ for an
additional 20 years.
1.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 of 21 23
Traer Creek Vesting Extension
request of 20 years
ATTACHMENT A
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 of 22 23
ATTACHMENT A
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 of 23 23
ATTACHMENT A
FIRST READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
January 13, 2026
Page 1 of 3
ORDINANCE 26-02
APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT AND
VESTED PROPERTY RIGHTS EXTENSION TO THE VILLAGE (AT AVON)
PLANNED UNIT DEVELOPMENT
RECITALS
WHEREAS, the Town of Avon (“Avon”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Avon, the Avon Town Council
(“Council”) adopted Title 7 Development Code to the Avon Municipal Code (“AMC”), which
requires Public Hearings and approval of an Ordinance to process Planned Unit Development
(“PUD”) Amendments and Vested Property Rights Extensions;
WHEREAS, the Town Council authorized submitting a combined application with Traer
Creek-RP, LLC for a PUD Amendment Application to amend the Village (at Avon) PUD
(“PUD Amendment Application”);
WHEREAS, Traer Creek-RP, LLC submitted a twenty (20) year Vested Property Rights
Extension (“Vested Property Rights Application”) request for portions of the Village (at
Avon) PUD;
WHEREAS, Section 7.16.020(b)(4) of the AMC grants the Community Development
Director authority to permit concurrent review of development applications for efficiency and
practicality;
WHEREAS, the Planning and Zoning Commission of the Town held public hearings on
the PUD Amendment and Vested Rights Extension on November 10, 2025 and December 8,
2025, after publishing and posting notice as require by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such
information prior to formulating a recommendation, then took action to adopt findings of fact
to make a recommendation for conditional approval to the Town Council;
WHEREAS, the Town Council of the Town held public hearings on January 13, 2026
and [_______________], 2026, after posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff prior to taking
action to adopt findings of fact and a record of decision conditionally approving the PUD
Amendment and Vested Rights Extension Applications;
WHEREAS, the Town Council finds the application in conformance with the review
criteria set forth in Sections 7.16.060(e)(4) and (f)(5) of the Development Code as more
ATTACHMENT B
FIRST READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
January 13, 2026
Page 2 of 3
particularly described in the findings of fact and record of decision; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that
the Town Council desires to comply the requirements of the Home Rule Charter for the Town
of Avon, Colorado by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding this application and that approval of this Ordinance
on first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Approval of Findings of Fact and Record of Decision. Pursuant to Section
7.16.020(f) of the Development Code, the Town Council approves findings of fact and record of
decision as set forth in EXHIBIT A: Town Council Findings of Fact and Record of
Decision.
Section 3. Amendment to the Village (at Avon) PUD. The Village (at Avon) Third
Amended and Restated PUD Guide, in the form attached as EXHIBIT B: Third Amended and
Restated PUD Guide, is hereby approved.
Section 4. Vested Property Rights Extension. The Vested Property Rights Extension for
the “Mountainside” area is approved through October 20, 2059, as documented in EXHIBIT C:
First Amendment to Consolidated, Amended and Restated Annexation and Development
Agreement,
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after final
passage in accordance with Section 6.4 of the Home Rule Charter for the Town of Avon,
Colorado.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that
ATTACHMENT B
FIRST READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
January 13, 2026
Page 3 of 3
this Ordinance is promulgated under the general police power of the Town, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare and energy conservation. The Town Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Municipal Code of the Town of Avon, Colorado.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 13, 2026 and setting such public hearing for
[_________________], 2026 at the Council Chambers of the Avon Municipal Building, located
at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
[_______________], 2026.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
ATTACHMENT B
The Village (at Avon) PUD
Findings of Fact and Record of Decision: PUD23002 & VPR23001 Page 1 of 2
TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
FOR
THE VILLAGE (AT AVON) PLANNED UNIT DEVELOPMENT
DATE OF DECISION: [_______________], 2026
APPLICATIONS: PUD Amendment | File PUD23002
Vested Property Rights Extension | File VPR23001
APPLICANT: Traer Creek-RP LLC & Town of Avon
These findings of fact and record of decision for The Village (at Avon) PUD Amendment
application (“Application”) is made in accordance with the Avon Municipal Code (“AMC”)
§7.16.020(f):
PUD AMENDMENT: The Avon Town Council (“Council”) approved Ordinance 26-02,
approving the Minor PUD Amendment Application for The Village (at Avon) PUD (“Property”),
incorporating the following Findings and Conditions:
PUD AMENDMENT FINDINGS:
1. The application is complete and provides sufficient information for Council 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;
3. Demand for public services does not increase because the overall development standards,
including overall density for the Village (at Avon) PUD, does not change;
4. The PUD Amendment confers a benefit to the Town by dedication of Lot 8 and permitting
additional Community Housing units on Town properties;
5. 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;
6. The PUD amendment is consistent with the purposes of the Development Code;
7. 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;
EXHIBIT A to ORDINANCE 26-02
The Village (at Avon) PUD
Findings of Fact and Record of Decision: PUD23002 & VPR23001 Page 2 of 2
8. The PUD amendment will not result in significant adverse impacts upon the natural
environment, including air, water, noise, storm water management, wildlife and vegetation,
because such impacts have been addressed and substantially mitigated through the original
Village (at Avon) PUD approval; and
9. Future uses on PA-D and proposed CH-1 will be primarily residential and compatible with
existing established residential development on Eaglebend Drive.
PUD AMENDMENT CONDITIONS. Approval of the PUD Amendment Application is
subject to performance, satisfaction and completion of the following conditions:
1. Amend PUD Guide for Planning Area A to permit 60 feet building height as a use by right
(not a special review use).
2. Amend PUD Guide for Planning Area D for areas within 250’ of the southern boundary to
maintain the existing 48-feet maximum building height, with a special review use for
additional building height up to a maximum of 60 feet.
VESTED PROPERTY RIGHTS EXTENSION FINDINGS. Council approved Ordinance 26-
02, approving the Vested Property Rights Extension Application for The Village (at Avon) PUD,
incorporating the following Findings:
1. The magnitude of public infrastructure necessary to access and develop the Mountainside
will require substantial financial investment and Council finds that focusing public
infrastructure investment and private development in Planning Areas A, B, C, D and J for the
near term will promote orderly, cost effective and efficient development and will increase
project revenues more quickly to accelerate the time frame for full-satisfaction of the Town’s
tax credit obligations under the CARADA.
APPROVED BY MOTION on [_______________], 2026
AVON TOWN COUNCIL
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
EXHIBIT A to ORDINANCE 26-02
The Village
(at Avon)
SecondThird Amended and Restated
PUD Guide
September 11, 2018
_____________, 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.
1650530.6 2985509.10
EXHIBIT B to ORDINANCE 26-02
Table of Contents
TABLE OF CONTENTS
Page
i
2985509.10
A.PURPOSE/GENERAL PROVISIONS 1
1.Defined Terms 1
2.Purpose 1
3.Vested Property Rights 2
4.General Provisions 32
5.Applicability of Other Regulations 65
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 1718
5.Planning Area E – School 2021
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 2728
8.Planning Area K - Hillside Residential 3031
9.Planning Areas RMF 1 and RMF 2 - Residential Multi-Family 3233
10.Planning Areas P1-P3: Parkland 3536
11.Planning Areas OS1 – 0S7OS7: Natural Open Space 3738
12.Planning Areas PF-1 –-2 and PF-3: Public Facility 3839
13.Planning Areas CH-1 and CH-2 – Community Housing 41
E.SPECIAL REVIEW USE 4043
1.Special Review Use Permit 4043
2.Application Filing and Processing 4043
3.Submittal Requirements for Special Review Use 4144
EXHIBIT B to ORDINANCE 26-02
Table of ContentsTABLE OF CONTENTS
(continued)
Page
ii
2985509.10
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
1.General 4649
2.Formal Amendments 4649
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 5154
5.Surface Parking Landscaping Requirements 5154
6.Drainage Requirements 5154
7.Sidewalk and Trail Standards 5255
8.Alternative Equivalent Compliance and Variances 5255
9.Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge
Requirements 5255
10.Wildlife Mitigation Plan 5357
11.Design Review Guidelines 5457
12.Natural Resource Protection 5458
13.Residential Fire Suppression Systems 5458
14.Park, Recreation and Trail Access 5558
EXHIBIT B to ORDINANCE 26-02
Table of ContentsTABLE OF CONTENTS
(continued)
Page
iii
2985509.10
15.AffordableCommunity Housing Plan 5558
16. Provision of Certain Amenities 5761
EXHIBIT A 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-1
EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD G-1
EXHIBIT H DEFINITIONS H-1
EXHIBIT IH Section 7.16.070 of Development Code IH-1
EXHIBIT I Definitions I-1
EXHIBIT B to ORDINANCE 26-02
The Village
(at Avon)
SecondThird Amended and Restated
PUD Guide
September 11, 2018
_____________, 2025
A.PURPOSE/GENERAL PROVISIONS..
1.Defined Terms. Capitalized words and phrases used in this PUD Guide have the
meanings set forth in Exhibit HI of this PUD Guide. Words and phrases which are not defined
in Exhibit HI 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 HI 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
DeveloperLandowner, 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 DeveloperLandowner
(together with and on behalf of the Developer AffiliatesAffiliated 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
1650530.6 2985509.10
EXHIBIT B to ORDINANCE 26-02
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.
(b)The Original PUD Guide previously was amended by and includes
(collectively, the “Prior Amendments”):
(i)PUD Development Plan Administrative Amendment No. 1
(amending the PUD Master Plan only), dated May 21, 2001, and recorded in the real
property records of Eagle County, Colorado, on July 31, 2001 at Reception No. 763439.
(ii)PUD Guide Administrative Amendment No. 2, dated February 13,
2002, and recorded in the real property records of Eagle County, Colorado, on
February 29, 2002 at Reception No. 786254.
(iii)PUD Guide Administrative Amendment No. 3, dated May 15,
2002, and recorded in the real property records of Eagle County, Colorado, on May 15,
2001 at Reception No. 795806.
(iv)PUD Guide Administrative Amendment No. 4, dated May 15,
2002, and recorded in the real property records of Eagle County, Colorado, on May 15,
2002 at Reception No. 795805.
(v)Formal Amendment Number One to The Village (at Avon) PUD
Guide, dated January 25, 2007, and recorded in the real property records of Eagle County,
Colorado, on March 2, 2007 at Reception No. 200705491.
(c)In accordance with the terms and conditions of that certain
SETTLEMENT TERM SHEET made and entered into the 7th day of October, 2011, by and
between the Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC,
Traer Creek-RP LLC, Traer Creek Plaza LLC , EMD Limited Liability Company, Traer
Creek-HD LLC, and Traer Creek-WMT LLC (the “Settlement Term Sheet”), the Town’s final
non-appealable approval of the Amended and Restated PUD Guide amended and replaced the
Original PUD Guide in its entirety, including the incorporation into a single document of the
Prior Amendments and the amendments contemplated in the Settlement Term Sheet, for ease of
reference, and established and implemented specific terms and conditions of the Settlement
Term Sheet, binding on all parties to the Settlement Term Sheet.
(db)The purpose of this PUD Guide is to amend and restate in its entirety the
Amended and RestatedOriginal PUD Guide to implement certain modifications thereto
concerning, among other matters, Planning Area 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 clarify certain matters with respect to the operation of Short Term Rentals.
Accordingly, this PUD Guide expressly replaces and supersedes the Amended and
RestatedOriginal PUD Guide and any additional or conflicting provisions of the
Municipal Code with respect to the subject matter contained herein.
1650530.6 2
2985509.10
EXHIBIT B to ORDINANCE 26-02
3.Vested Property Rights. The Development Plan and any subsequently approved
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 the execution date of the Settlement Term 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 DeveloperLandowner 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.
1650530.6 3
2985509.10
EXHIBIT B to ORDINANCE 26-02
(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-1 (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 Developer’sLandowner’s option, one or more separate design review
boardboards may be established with respect to such Planning Areas RMF-1-1 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
1650530.6 4
2985509.10
EXHIBIT B to ORDINANCE 26-02
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
1650530.6 5
2985509.10
EXHIBIT B to ORDINANCE 26-02
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 A.4(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’s,
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 Developer,
Developer AffiliatesLandowner, 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,
1650530.6 6
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EXHIBIT B to ORDINANCE 26-02
diminishing, imposing a moratorium on development, delaying or otherwise adversely
affecting Master Developer’s, Developer 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’s, Developer AffiliatesLandowner’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:
1.Planning Areas A, C, D, E, F, G, H, J, K,CH-1, CH-2 RMF 1 and RMF 2 shall
not exceed:
(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 AffordableCommunity
Housing Plan, 500 of the 2,400 Dwelling Units shall be constructed as
affordable housingCommunity Housing Units, and, subject to satisfaction
of the conditions precedent set forth in the AffordableCommunity Housing
Plan, an additional 23 of the 2,400 Dwelling Units shall be constructed as
affordable housingCommunity 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.1(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
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EXHIBIT B to ORDINANCE 26-02
1650530.6 8
2985509.10
80%20%
Planning Area
70%
Min%
Planning Areas C and D
Max%
90%
Residential
100%
Min%
0%
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 Site by SiteSite-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 build-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:
10%
Max%
Commercial
Planning Area F 70%100%
Planning Area A
0% 30%
30%
EXHIBIT B to ORDINANCE 26-02
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50%50%Planning Areas G and H 100%
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-thirdone-third (1/3) of a Dwelling Unit.
(f)Each Temporally Divided Dwelling shall be counted as one (1) Dwelling
Unit.
(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-thirdone-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
0%
EXHIBIT B to ORDINANCE 26-02
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)).]
(j)Each Community Housing Unit shall be counted as one (1) Dwelling Unit.
(k)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 term rentalsTerm 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
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EXHIBIT B to ORDINANCE 26-02
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.
(ivv)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 I: Regional Commercial Mixed-Use
Projects
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2985509.10
EXHIBIT B to ORDINANCE 26-02
(f)Planning Area J: Regional/Neighborhood Commercial and Residential
Mixed Use Projects
(g)Planning Area K: Hillside Residential
(h)Planning Areas RMF-1-1 and RMF-2-2: Multi-Family Residential
(i)Planning Areas OS1 through OS7, inclusive: Natural Open Space
(j)Planning Areas P1 through P3, inclusive: Parkland
(k)Planning Areas PF-1 through-2 and PF-3, inclusive-3: Public Facilities
(l)Planning Areas CH-1 and CH-2: Community Housing 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.
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EXHIBIT B to ORDINANCE 26-02
(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.
(f)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).
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EXHIBIT B to ORDINANCE 26-02
(vii)Residential Uses.
(viii)Short Term Rental(s).
(viiiix)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.
(ixx)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..
(xixii)Dry Utilities.
(xiixiii)Infrastructure.
(xiiixiv)Indoor recreation and/or entertainment facilities.
(xivxv)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.
(xviixviii) Outdoor Storage of merchandise for sale and only as an
Accessory Use to a retail Use.
(xviiixix)Accessory Uses and Structures customarily appurtenant to
Uses by Right.
(xixxx)Agricultural Use (as an Interim Use only).
(xxxxi)Rodeo and ancillary carnival (as an Interim Use only).
(xxixxii)Recycling Facility (as an Interim Use only).
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2985509.10
EXHIBIT B to ORDINANCE 26-02
(xxiixxiii)Snow storage (as an Interim Use only).
(xxiiixxiv)Mobile Home office/storage Use and community garden (as
an Interim Use only).
(xxivxxv)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.
(xxvxxvi) 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.
(iii)Automobile Repair Shop (Minor).
(iv)Outdoor entertainment facilities that include the use of amplified
music.
(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).
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EXHIBIT B to ORDINANCE 26-02
(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,
Building 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:
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EXHIBIT B to ORDINANCE 26-02
(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.
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EXHIBIT B to ORDINANCE 26-02
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.
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EXHIBIT B to ORDINANCE 26-02
(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 D.4(b) below or specifically prohibited in Section D.4(c) below, the following
Primary Uses and Accessory Uses:
(i)Residential Uses.
(ii)Short Term Rental(s).
(iiiii)Commercial Uses that have frontage on Main Street.
(iiiiv)Agricultural Use (as an Interim Use only).
(ivv)Community Facilities.
(vvi)Vacation Club and Temporally Divided Dwellings.
(vivii)Mixed Use Projects (provided, however, no Uses specifically
prohibited in Section D.4(c) below shall be included in such Mixed Use Project,
and no Uses specifically identified as Special Review Uses in Section D.4(b)
below shall be included except pursuant to the review and approval processes set
forth in Section E below).
(viiviii)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.
(viiiix)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.
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EXHIBIT B to ORDINANCE 26-02
(ixx) 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.
(xiixiii)Indoor recreation and/or entertainment facilities.
(xiiixiv) Outdoor recreation and/or entertainment facilities that do
not include the use of amplified music.
(xivxv)Parks and Open Space.
(xvxvi)Minor Home Occupations.
(xvixvii)Planning Area C Only:
(1)Pedestrian bridges.
(2)Hotel, Motel and Lodge.
(3)Bed and Breakfast.
(xvii)Planning Area D Only:
(1)Recycling Facility and accessory trash facility (as an
Interim 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.
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(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 D.4(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 D.4(b).
(ix)Recycling Processing Center.
(x)Service Stations.
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(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.
(1)60 feet, and a maximum of five Stories (except as
otherwise provided pursuant to Section D.4(b)(iv)).
(2)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: 1840 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.
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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-12-12 (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 FacilitiesCenter.
(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
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EXHIBIT B to ORDINANCE 26-02
(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.
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EXHIBIT B to ORDINANCE 26-02
(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:
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EXHIBIT B to ORDINANCE 26-02
(i)Single retail businesses onin 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:
(i)Heavy Industrial Uses.
(ii)Medical Marijuana Businesses.
(iii)Nude Entertainment Establishments.
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EXHIBIT B to ORDINANCE 26-02
(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:
(i)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-wayright-of-way: 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
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EXHIBIT B to ORDINANCE 26-02
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-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
(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 onin Planning Area I only: 80 feet.
c.All other Commercial Uses: 48 feet.
(2)Industrial Uses: 48 feet.
(3)Residential Uses:
a.Single-familySingle-family Dwellings and Duplex
Dwellings: 35 feet.
b.Multi-family Dwellings on Planning Areas G, H
and I: 48 feet.
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EXHIBIT B to ORDINANCE 26-02
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 I: 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 Section D.6(e)(iii),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 cul-de-saccul-de-sac that is in excess of
1,000 feet shall not service Commercial Uses. With respect to any
cul-de-saccul-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.
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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).
(iiiii)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.
(ivv)Automobile Repair Shops (Minor).
(vvi)Community Facilities.
(vivii)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.
(viiiix) 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.
(xixii)Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(xiixiii)Recreational facilities.
(xiiixiv)Parks and Open Space.
(xivxv)Additional uses which the Director determines to be similar to
Uses by right.
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EXHIBIT B to ORDINANCE 26-02
(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:2010 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:2010 feet (except as provided below).
b.Side:None (except as provided below).
c.Rear:10 feet (except as provided below).
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EXHIBIT B to ORDINANCE 26-02
(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:
a.Single-family Dwellings and Duplex Dwellings: 35
feet.
b.Multi-family Dwellings: 48 feet.
(32)Vertically-integratedResidential Uses and
Vertically-integrated Mixed Use Projects:4860 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 A.4(g)(ii) of Exhibit F of
this PUD Guide shall not apply to Planning Area J and,and notwithstanding anything 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 cul-de-saccul-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
cul-de-saccul-de-sac or the number of Dwelling Units that may be served by the
cul-de-saccul-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 typ e (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..
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EXHIBIT B to ORDINANCE 26-02
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.
(iii)Community Housing Units.
(iiiiv)Primary/Secondary Structure.
(ivv)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.
(viiviii)Infrastructure.
(viiiix)Dry Utilities.
(ixx)Recreational facilities.
(xxi)Parks and Open Space.
(xixii)Religious Facilities, including without limitation, cemeteries.
(xiixiii)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.
(xiiixiv)Accessory Uses and Structures customarily appurtenant to
Uses by Right.
(xivxv)Additional uses which the Director determines to be similar to
Uses by Right.
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EXHIBIT B to ORDINANCE 26-02
(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
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EXHIBIT B to ORDINANCE 26-02
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:Subject to this Section D.8(e),
cul-de-sacsNotwithstanding 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 RMF-1-1; provided, however, the portion of a cul-de-saccul-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
cul-de-saccul-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 cul-de-saccul-de-sac located
outside of Planning Area K, excepting any Dwelling Units located within Planning Area
RMF-1-1 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 cul-de-saccul-de-sac located outside of Planning Area K, excepting
any portion of such cul-de-saccul-de-sac located within Planning Area RMF-1-1, 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-homein-home child care and Child
Care Center as an Accessory Use to a Residential Use.
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EXHIBIT B to ORDINANCE 26-02
(iv)Agricultural Use (as an Interim Use only).
(v)Bed and Breakfast, Vacation Club,and Temporally Divided
Dwellings and short-term rentals.
(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 RMF-1-1 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.
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EXHIBIT B to ORDINANCE 26-02
(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 areaArea RMF-1-1 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-of-way 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.
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EXHIBIT B to ORDINANCE 26-02
(ii)Planning Area RMF-1: Subject to this Section D.9(e)(ii),-1:
6 Dwelling Units per acre; provided, however, cul-de-sacs, 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 RMF-1-1; provided, further however, the
portion of a cul-de-saccul-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 cul-de-saccul-de-sac portions of
which are located both within and outside of Planning Area RMF-1-1, (i) no
Dwelling Units served by the portions of such cul-de-saccul-de-sac located
outside of Planning Area RMF-1-1, excepting any Dwelling Units located within
Planning Area K and served by such cul-de-saccul-de-sac, shall be counted
toward the foregoing 280 Dwelling Unit limitation; and (ii) the portion of any
such cul-de-saccul-de-sac located within Planning Area RMF-1-1 shall be deemed
separate and distinct from, and not included with, any portion of the same
cul-de-saccul-de-sac located outside of Planning Area RMF-1-1, excepting any
portion of such cul-de-saccul-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 P1-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.
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(vii)Parks, picnic facilities and temporary entertainment for special
events.
(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 specifically included in
Sections D.10(a) or D.10(b)).
(iii)Industrial Uses.
(d)Building Envelope Requirements:
(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.
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(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 – 0S7OS7: 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.11(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)OS1 – 0S5OS5 and OS7:
(1)Lakes, ponds, reservoirs and irrigation ditches.
(2)Park and picnic facilities and related parking.
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(xi)OS5 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.
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(g)Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
12.Planning Areas PF-1 –-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. 06-1606-16:
(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.
(1)Planning Area PF-1: 48 feet.
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(2)Planning Areas PF-2 and PF-3: 35 feet.
(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
(a)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.
(b)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:
(i)Community Housing Units, subject to the limitations set forth in
Section I.15 of the Community Housing Plan.
(ii)Infrastructure.
(iii)Dry Utilities.
(iv)Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(v)Planning Area CH-2, within Lot 5, Final Plat, The Village (at
Avon) Filing 1 Only:
(1)Public Facilities.
(c)Special Review Use:
(i)Child Care Center as an Accessory Use to Community Housing
Units.
(d)Prohibited Uses:
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(i)Commercial Uses (except as specifically included in
Sections D.13(b) or D.13(c)).
(ii)Industrial Uses.
(iii)Mobile Homes.
(iv)Short-Term Rentals.
(e)Building Envelope Requirements:
(i)Minimum Building Setbacks:
(1)Front:
a.For Planning Area CH-1: 10 feet
b.For Planning Area CH-2: 25 feet
(2)Side: None
(3)Rear: 10 feet
(ii)Maximum Building Height:
(1)Planning Area CH-1 : 48 feet
(2)Planning Area CH-2: 60 feet
(iii)Residential Density Maximum:
(1)Planning Area CH-1: Maximum of 36 Dwelling Units.
(2)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.
(g)Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
(h)Special Community Housing Unit Provisions.
(i)All development is further subject to the supplemental regulations
set forth in Section I below.
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(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 Community Housing 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
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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;
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(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
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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; Applicability..
(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 execution of the Settlement Term SheetOctober 7, 2011, as attached as Exhibit IH to
this PUD Guide, shall apply to Planning Areas A, B, C, D, E, F and, J, K, and RMF-1
(collectively, the “Administrative Subdivision Areas”). Notwithstanding the foregoing,
if, subsequent to the Effective DateOctober 7, 2011, the Town amends from time to time
Section 7.16.070 of the Development Code, the Master DeveloperLandowner, 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)Except as modified by Section G.1(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;
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(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.
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4.Criteria for Review and Approval. Subject to this Section G.4, 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 execution of the Settlement Term SheetOctober 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).
(iib)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.
(ivd)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;
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(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 DeveloperLandowner.
(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
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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/pattern 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
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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 DeveloperLandowner, 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 DeveloperLandowner, 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 (AffordableCommunity 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
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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 H.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 H.3(b)(vi), the Director’s review shall be limited to signing 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)(v).
(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 H.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.
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(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
DeveloperLandowner, 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 H.4, the Applicant shall submit to Community Development a
revised PUD Guide setting forth such modification. Such revised documentation shall be
signed by the Master DeveloperLandowner 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 permitted 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.
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(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 date of execution of the Settlement Term SheetOctober 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.
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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:
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(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.
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(i)Pitched
(1)All pitched roofs shall be no less than a
four-to-twelvefour-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-fourtwenty-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 DeveloperLandowner 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 RMF-1-1 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.
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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
DeveloperLandowner 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 of
execution of the Settlement Term SheetOctober 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 RMF-1-1 and in Planning Area K shall
include fire suppression sys tems 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-1-1 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-1-1 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,
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to all residents of the Town at such times and subject to such rules and regulations as the
Districts shall prescribe. Additionally, the Master DeveloperLandowner shall facilitate, but shall
have no obligation to construct or install, non-motorized access through the Property to
off-siteoff-site 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 DeveloperLandowner 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 Developer’sLandowner’s
obligations with respect to public trail connectivity between Planning Area RMF-2-2 and
Planning Area OS1 have thereby been fully satisfied as ofprior to the Effective Date; and
(b)Master DeveloperLandowner 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 DeveloperLandowner shall determine in its sole discretion the location
within the Property of such trail, sidewalk and/or road.
15.AffordableCommunity Housing Plan. Master DeveloperLandowner will
provide for affordable housing, or assure that others provide, for Community Housing Units
within the Property at locations determined by Master DeveloperLandowner 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 Effective DateAugust 1, 2014, the Town
amends from time to time Section 7.20.100 of the Development Code, the Master
DeveloperLandowner, 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
DeveloperLandowner will provide for a total of 500 affordable housing unitsCommunity
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 DeveloperLandowner has provided 244 affordable housing units, and,
therefore, Master Developer’s320 Community Housing Units [36 Community Housing Units
permitted, but not yet 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 = 320]. Therefore, Master Landowner’s obligation after the Effective
Date is to provide, or assure others provide, the remaining 256 affordable housing units [500 –
244 = 256]180 Community Housing Units [500 – 320 = 180] (“Remaining Community
Housing Units”). The Master DeveloperLandowner will have an obligation to provide the
remaining 256 affordable housing units, or assure others provide, the Remaining Community
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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
calculationsconditions (i) and (ii) shall not include past or additional affordable housing
unitsCommunity Housing Units and shall not include Commercial Space or Dwelling Units
located within Planning Area I.
(b)The Master DeveloperLandowner will have an obligation to provide an
additional 23 affordable housing unitsCommunity Housing Units, or assure that the same
are supplied by others, as set forth below and as follows:Thethe Master
DeveloperLandowner will have the obligation to provide such additional 23 affordable
housing unitsCommunity Housing Units only upon the satisfaction of the conditions
precedent as set forth in this subsection. The Master DeveloperLandowner will have the
obligation to provide 13 of the additional 23 affordable housing unitsCommunity
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 DeveloperLandowner will have the
obligation to provide an additional 10 of such 23 affordable housing unitsCommunity
Housing Units (for a total of 23 additional affordable housing unitsCommunity 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)Priority in the sale and rental of the units will first go to people employed
in the Property, second to people employed in the Town outside of the Property, and third
to people employed in Eagle County outside of the Town; provided, however, that within
Planning Area RMF-2 the priority in the rental of units qualified as required affordable
housing units will first go to people employed in the Town and second to people
employed in Eagle County outside of the Town.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)For-sale units will be targeted to households earning 80% - 120% of the
Eagle County Median Family Income (the “ECMFI”) as determined by the Department
of Housing and Urban Development guidelines or by the Town in the event such
guidelines cease to be maintained by the Department of Housing and Urban
Development.Not more than fifty percent (50%) of such units may be targeted for sale
to households earning 120% of the ECMFI.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
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particular Site, in which case said Dwelling Units shall count toward Master
Landowner’s Community Housing Unit obligation set forth in this Section I.15.
(e)For-sale units shall be deed restricted to require the following:Community
Housing Units may be for-sale or for-rent.
(i)The sale of units shall be restricted to “Qualified Buyers,” defined
as follows:For-Sale Community Housing Units.
(1)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.
(2)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)An owner who occupies the unit as his or her primary place
of residence;
(2)An owner who is a full time employee working at least
thirty hours per week in the Town or Eagle County, or a retired person who has
been a full time employee in the Town or Eagle County a minimum of four years
immediately prior to his or her retirement, or a person having a medical disability
who has been a full time employee in the Town or Eagle County a minimum of
two years immediately prior to his or her determination of disability, or the spouse
or dependent of any such persons who resides with them;
(3)An owner whose household income does not exceed 120
percent of the ECMFI; and
(4)An owner whose total current family net assets are not in
excess of $225,000.00 ($337,500.00 for a retired person) or whose total current
family net assets have not been in excess of $225,000 ($337,500 for a retired
person) during the two years preceding if the same were transferred or disposed of
to confer eligibility hereunder. The foregoing limitations shall annually be
adjusted for inflation on the basis of the applicable Consumer Price Index (the
“CPI”). For purposes of this subparagraph (4), the CPI shall mean Series ID:
CUUSA433SA0 (All Urban Consumers; Not Seasonally Adjusted;
Denver-Boulder-Greeley, CO; All items; Base Period 1982-84=100; 1st half of
1998 = 160.5).
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EXHIBIT B to ORDINANCE 26-02
(ii)An annual price appreciation cap of 3%, or such higher percentage
as the Town Council may approve from time to time, will be establishedFor-Rent
Community Housing Units.
(1)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.
(iii)If and when an owner moves out of his or her unit, he or she will
be required to sell his or her unit to Master Developer (which unit shall be resold or
rented by Master Developer in accordance with this deed restriction) or a Qualified
Buyer.
(iv)The rental units will be targeted to households earning between
50% - 80% of the ECMFI. Rents shall not exceed 30% of the tenant’s monthly income,
adjusted for household size, including utilities, for which allowances are determined
annually by the Colorado Housing Finance Agency.
(v)Capital improvements to a for-sale unit may be made up to ten
percent (10%) of the original purchase price of the unit every ten (10) years. No
restrictions on capital improvements shall be placed on rental units.
(vi)In addition to the annual price appreciation, real estate
commissions not to exceed three percent (3%) and closing costs shall be allowed for
re-sales of for-sale units after the initial sales of such for-sale units by the Master
Developer.
(vii)First time home buyers shall be exempt from Real Estate Transfer
Fees as set forth in the Development Agreement.
(f)In accordance with the terms of the Original PUD, a minimum of 100
affordable housing units were constructed in conjunction with the initial phase of
commercial and/or residential construction within the Project. The timing of the
construction of the remaining affordable housing units by Master Developer (or Master
Developer’s designee)shall be as described in Sections I.15(a) and
I.15(b).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
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EXHIBIT B to ORDINANCE 26-02
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
601st 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
1200th 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 P1 and P2).
(i)As of the Effective Date, the Master Developer and the Developer
AffiliatesLandowner 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 P1 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 P1 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 DeveloperLandowner and/or the Developer
AffiliatesAffiliated 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 DeveloperLandowner and/or the Developer AffiliatesAffiliated
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
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EXHIBIT B to ORDINANCE 26-02
Area P1 resulting in the enlargement or widening of Planning Area P1. 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 withPrior to the Effective Date and as
contemplated by the Settlement Term Sheet, the Town has approved a Final Plat
for Planning Area B and Traer Creek-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 DeveloperLandowner 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;
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EXHIBIT B to ORDINANCE 26-02
(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.
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EXHIBIT A
Legal Description
Exhibit A-
Page 1
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EXHIBIT B to ORDINANCE 26-02
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-
Page 2
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EXHIBIT B to ORDINANCE 26-02
Exhibit A-
Page 3
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EXHIBIT B to ORDINANCE 26-02
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) Filing1
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 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) 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.
Exhibit A-
Page 4
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EXHIBIT B to ORDINANCE 26-02
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 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
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EXHIBIT B to ORDINANCE 26-02
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-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
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 S01°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,
S01°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°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°59'25"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 corner of said Section 9 and Section 16 of said Township and Range; thence
N89°55'04"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 N01°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, S01°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-
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EXHIBIT B to ORDINANCE 26-02
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, S01°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 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 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
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
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 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 N89°58'35"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) 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 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) N00°10'53"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-
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EXHIBIT B to ORDINANCE 26-02
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
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-
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EXHIBIT B to ORDINANCE 26-02
EXHIBIT B
PUD Master Plan[Follows This Page]
Exhibit B-
Page 1
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EXHIBIT B to ORDINANCE 26-02
Exhibit B-
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EXHIBIT B to ORDINANCE 26-02
Exhibit B
Page B-2
2985509.10
EXHIBIT B to ORDINANCE 26-02
Exhibit B-
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EXHIBIT B to ORDINANCE 26-02
EXHIBIT C
The Village (at Avon) Parking
Regulations
A.Relationship to Municipal Code and Development Code. Parking 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-
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
Page 2
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1 space
Single-family or duplex
All others
2 spaces / unit
2 spaces
1.Residential Land Use
MINIMUM REQUIREMENTS
Per accommodation unit including
lockoffs:
3 spaces / unit for units over
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.
One bedroom 1 space
Over one bedroom
2,500 sq. ft. not including garage
1 space plus ½ space for each
additional bedroom in excess of one
Guest parking spaces:
Multifamily building and townhouses
Multifamily and townhouses (includes Short
Term Rentals)
3 - - 5 units 2 spaces
Studio
5 - - 10 units
1 space
3 spaces
Per dwelling Unit:
11 - - 15 units 4 spaces
One bedroom
16 - - 20 units
1-1/2 spaces
5 spaces
TYPE OF LAND USE
21 - - 25 units 6 spaces
Per Short Term Rental
EXHIBIT B to ORDINANCE 26-02
Exhibit C-
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
Page 4
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
Page 5
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
Page 6
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
Page 8
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
Page 9
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EXHIBIT B to ORDINANCE 26-02
Exhibit C-
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EXHIBIT B to ORDINANCE 26-02
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 part of the Applicant’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 approve such
parking plan prior to the Town’s issuance of any building permits.
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-
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EXHIBIT D
Wildlife Mitigation Plan
Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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Exhibit D-
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EXHIBIT E
Minimum Design Guideline
Standards
Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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Exhibit E-
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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.
1.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-70-70. 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.
(iib)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.,with-inwithin a 60’ – 71’ R.O.W. A center turn
lane is provided. The posted speed limit is 25 MPH.
(ivd)East Beaver Creek Boulevard (temporary): this Rural Local Road extends
from Avon Road to Post Boulevard (constructed). The posted speed limit of 30 MPH.
(ve)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.
(vif)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).
(viig)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
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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-usemulti-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 multi-usemulti-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.
(ixi)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).
(xj)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).
(1i)At the option of the applicant this may be designated as a one-way
street.
(xik)Road C (conceptual): this Urban Local Cul-de-sacCul-de-sac Road
extends north from the eastern roundabout of Main Street (conceptual) to the
cul-de-saccul-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).
(xiil)Road D (conceptual): this Rural Local Cul-de-sacCul-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).
(xiiim)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 cul-de-saccul-de-sac. paved shoulders shall be provided, within a 50’ (min.) R.O.W.
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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 RMF-1-1, and illustration 10 for
that section of road above RMF-1-1).
(xivn)Spur Roads F-NF-N (conceptual): these Rural Local Cul-de-sacCul-de-sac
Roads extend from Road E (conceptual) to their cul-de-sacscul-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).
(xvo)Roads located within Planning Areas I, K, and RMF-1-1 (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 A.4(g) of the PUD Guide.
4.Modifications to Street Standards.
(a)Minimum Driving Surface: 22 feet
(i)Except, those lots within PA-KPA-K, above RMF-1-1, 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
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(i) Post Boulevard (constructed): 35 MPH
(ii)East Beaver Creek Boulevard (temporary): 35 MPH
(iii)Spur roads F – N (conceptual): 25MPH25 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
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(g)Cul-de-SacsCul-de-sacs - Notwithstanding anything to the contrary set
forth in Title 15 or any other provision of the Municipal Code:
(i)Cul-de-sacsCul-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 cul-de-saccul-de-sac serving less than 250 Dwelling Units shall be
constructed to Rural Local Road.
(ii)Cul-de-sacsCul-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 cul-de-saccul-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-ninetwenty-nine (29) feet in
height. Retaining walls supporting naturally occurring topography (above-road
retaining wall) shall not exceed twenty-ninetwenty-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
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Town for ownership and maintenance in accordance with the terms and
conditions of the applicable Public Improvements Agreement.
6.Implementation of Settlement Term SheetIntent Regarding Planning Areas K and
RMF-1. With respect to streets to serve Planning Areas K and RMF-1-1, 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 the terms of the Settlement Term Sheet in order that,
among other matters,assure that access be provided to the Uses permitted on
Planning Areas K and RMF-1-1 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 Developer’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.
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EXHIBIT G
Municipal Code Provisions
Not Applicable to The Village (at Avon) PUD1. Development Code Provisions:
(a)§ 7.16.060(i) Lapse of a Final PUD
(b)§§ 7.16.060(j)(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
(j)§ 7.28.020(e) Off-StreetOff-Street Parking
(k)§ 7.28.020(g) Computation of Parking and Loading Requirements
(l) § 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 RMF-1-1)
(s)§§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and
Specifications
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(t)§ 7.32.030(l) Engineering Improvement Standards: Streets; Grades, Curves, and
Sight Distances
(u)§ 7.32.030(m) Engineering Improvement Standards: Streets;
Cul-de-sacsCul-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
2. 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 Effective DateAugust 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.
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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.
(a)Applicability. The procedures of this Section and the standards in Chapter 7.32,
Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result
in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including
land used for condominiums, apartments or any other multiple dwelling units or creation of an
estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract
of land that has been created or subdivided in the past is later described as a single tract in deeds
or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the
lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any
tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is
subdivided so as to create a different typ e 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:
(1)Is created by a lien, mortgage, deed of trust or any other security
instrument;
(2)Is created by any interest in an investment entity;
(3)Creates cemetery lots;
(4)Creates an interest or interests in oil, gas, minerals or water that are
severed from the surface ownership of real property;
(5)Is created by the acquisition of an interest in land in the name of a husband
and wife or other persons in joint tenancy or as tenants in common of such interest. For
the purpose of this Paragraph, any interest in common owned in joint tenancy shall be
considered a single interest;
(6)Creates a leasehold interest with a term of less than twenty (20) years and
involves no change in use or degree of use of the leasehold estate;
(b)Subdivision Categories. Categories of subdivisions are established and defined as
follows for the purpose of determining the appropriate subdivision review procedure:
(1)Major Subdivision. Major subdivisions include all subdivisions which
would create four (4) or more separate parcels of land or which would require or which
propose public improvements.
Exhibit H
Page 1
2985509.10
EXHIBIT B to ORDINANCE 26-02
(2)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.
(3)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).
(c)Review Procedures. Applications for a subdivision shall follow the general
review procedures set forth in Section 7.16.020, General Procedures and Requirements.
Applications for subdivision must be initiated by the owner of the real property. The Director
may combine preliminary plan and final plat review where the subdivision application can be
reviewed efficiently and effectively with a combined process. Where subdivision approval will
be required to implement development in a proposed PUD, the applicant shall file a single
preliminary plan incorporating the application requirements of 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.
(d)Review Authority. The review authority for a subdivision application shall be
determined by the subdivision category.
(1)Major Subdivision. Major subdivisions shall be required to obtain
approval for a preliminary plan and for a final plat. The PZC shall review a preliminary
plan for a major subdivision application and shall provide a recommendation to the Town
Council after conducting a public hearing. The Town Council shall render the final
decision on a preliminary plan for a major subdivision application after conducting a
public hearing. The Town Council shall review the final plat for major subdivision
applications and render a final decision after conducting a public hearing. The
preliminary plan and final plat for major subdivisions shall be approved by resolution or
ordinance of the Town Council.
(2)Minor Subdivision. Minor subdivisions shall require final plat review and
approval only 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
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EXHIBIT B to ORDINANCE 26-02
minor subdivision application after conducting a public hearing. Minor subdivisions
shall be approved by resolution or ordinance of the Town Council.
(3)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 7.16.160, Appeal.
(e)Preliminary Plan Review Criteria. The reviewing authority will use the following
review criteria as the basis for recommendations and decisions on applications for preliminary
plan subdivision applications:
(1)The proposed subdivision shall comply with all applicable use, density,
development and design standards set forth in this Development Code that have not
otherwise been modified or waived pursuant to this Chapter and that would affect or
influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns
of lots in the subdivision that will make compliance with such development and design
standards difficult or infeasible;
(2)The subdivision application shall comply with the purposes of the
Development Code;
(3)The subdivision application shall be consistent with the Avon
Comprehensive Plan and other community planning documents;
(4)The land shall be physically suitable for the proposed development or
subdivision;
(5)The proposed subdivision shall be compatible with surrounding land uses;
(6)There are adequate public facilities for potable water supply, sewage
disposal, solid waste disposal, electrical supply, fire protection and roads and will be
conveniently located in relation to schools, police, fire protection and emergency medical
services;
(7)The proposed utility and road extensions are consistent with the utility’s
service plan and are consistent with the Avon Comprehensive Plan and Comprehensive
Transportation Master Plan;
(8)The utility lines are sized to serve the ultimate population of the service
area to avoid future land disruption to upgrade under-sized lines;
(9)The subdivision is compatible with the character of existing land uses in
the area and shall not adversely affect the future development of the surrounding areas;
Exhibit H
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EXHIBIT B to ORDINANCE 26-02
(10)A proposed subdivision for an existing PUD shall be consistent with the
relevant PUD Master Plan as reflected in the approval of that PUD;
(11)Appropriate utilities, including water, sewer, electric, gas and telephone
utilities, shall provide a “conditional capacity to serve” letter for the proposed
subdivision;
(12)That the general layout of lots, roads, driveways, utilities, drainage
facilities and other services within the proposed subdivision shall be designed in a way
that minimizes the amount of land disturbance, minimize inefficiencies in the
development of services, maximizes the amount of open space in the development,
preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and
otherwise accomplishes the purposes of this Development Code.
(13)Evidence that provision has been made for a public sewage disposal
system or, if other methods of sewage disposal are proposed, adequate evidence that such
system shall comply with state and local laws and regulations;
(14)Evidence that all areas of the proposed subdivision that may involve soil
or topographical conditions presenting hazards or requiring special precautions have been
identified by the applicant and that the proposed use of these areas are compatible with
such conditions or that adequate mitigation is proposed;
(15)The subdivision application addresses the responsibility for maintaining
all roads, open spaces and other public and common facilities in the subdivision and that
the Town can afford any proposed responsibilities to be assumed by the Town;
(16)If applicable, the declarations and owners’ association are established in
accordance with the law and are structured to provide adequate assurance that any site
design standards required by this Development Code or conditions of approval for the
proposed subdivision will be maintained or performed in a manner which is enforceable
by the Town; and
(17)As applicable, the proposed phasing for development of the subdivision is
rational in terms of available infrastructure capacity and financing.
Exhibit H
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2985509.10
EXHIBIT B to ORDINANCE 26-02
(f)Final Plat Review Criteria. After approval of a preliminary plan, the applicant
may submit an application for a final plat. The following criteria shall apply to review of a final
plat subdivision application:
(1)The Town Engineer shall compare the legal description of the subject
property with the County records to determine that:
(i)The property described contains all contiguous single ownership
and does not create a new or remaining unrecognized parcel of less than
thirty-five (35) acres in size;
(ii)The lots and parcels have descriptions that both close and contain
the area indicated; and
(iii)The plat is correct in accordance with surveying and platting
standards of the State.
(2)The final plat conforms to the approved preliminary plan and incorporates
all recommended changes, modifications and conditions attached to the approval of the
preliminary plan;
(3)The final plat conforms to all preliminary plan criteria;
(4)The development will substantially comply with all sections of the
Development Code;
(5)The final plat complies with all applicable technical standards adopted by
the Town; and
(6)Appropriate utilities shall provide an ability to serve letters, including but
not limited to water, sewer, electric, gas and telecommunication facilities.
(g)Public Improvements Guarantee. Guarantees for public improvements shall
comply with Subsection 7.32.100(c).
(h)Revocation. An approval of a final plat is revoked pursuant to this Section.
(1)Recording. The applicant shall cause the final plat and restrictive
covenants, if any, to be recorded within ninety (90) days from the date of approval and
acceptance of the Council. In the event that the plat is not recorded, the approval of the
Council shall be deemed to be void and such plat shall not thereafter be recorded, unless
and until the Mayor executes a written authorization for recording the final plat.
(2)Vacation. The final plat approval shall include a determination of a
reasonable time by which the project should be completed. All plats given final approval
shall contain a notation indicating the date by which a project is expected to be
completed, that shall be prima facie evidence of a reasonable time by which the project
should have been completed. A plat or any portion thereof that has been finally approved
Exhibit H
Page 5
2985509.10
EXHIBIT B to ORDINANCE 26-02
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 by
Council.
(3)Extension. Extensions of the time limit for project completion may be
obtained from the Council for good cause shown, upon request by the applicant or owner
of the tract, if made before the vacation proceedings are instituted. (Ord. 10-14 §3)
Exhibit H
Page 6
2985509.10
EXHIBIT B to ORDINANCE 26-02
EXHIBIT HI
DefinitionsThe definitions of words and phrases set forth in this Exhibit HI 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.
Administrative Subdivision Areas has the meaning set forth in Section G.1(a) of this PUD
Guide.
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.
Affordable Housing Plan means the sole and exclusive affordable 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.
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. 1 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.
Amended and Restated PUD Guide means the version of this PUD Guide approved by the Town
on November 7, 2012, as amended by administrative amendment dated January 9, 2014, and
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EXHIBIT B to ORDINANCE 26-02
recorded in the real property records of Eagle County, Colorado, on August 1, 2014 at Reception
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
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EXHIBIT B to ORDINANCE 26-02
(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, rain 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 Effective DateAugust 1, 2014), but excluding from the
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1650530.6
EXHIBIT B to ORDINANCE 26-02
calculation of Building Height any non-habitable Architectural Projections. The “reference
elevation” shall be:
(i)within Planning Areas E,I, K, RMF-1 and-1, RMF-2-2, and CH-1, the Natural
Grade
(ii)within the portions of Planning Areas A,and 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 the Property, the
Engineered Grade
(iii) within the portions of Planning Areas A,and D and E located 250 feet or more
from the southerly boundary of such Planning Areasthe 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 sys tems
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
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EXHIBIT B to ORDINANCE 26-02
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:
(ai) Accommodations Units;
(bii)Animal Boarding;
(ciii)assisted living facility;
(div)Automobile Repair Shop (Major or Minor);
(ev)bakeries;
(fvi)bar and tavern;
(gvii)barber and beauty shops;
(hviii)Bed and Breakfast;
(iix)beverage stores, coffee shops;
(jx) Bus Stop;
(kxi)business and professional offices;
(lxii)Cabled Telecommunications Equipment;
(mxiii)Cabled Telecommunications Facilities;
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EXHIBIT B to ORDINANCE 26-02
(nxiv)Cabled Telecommunications Services;
(oxv)car wash (as the Principal Use);
(pxvi)Child Care Center;
(qxvii)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;
(uxxi)commercial offices;
(vxxii)Commercial Parking;
(wxxiii)Convenience Retail;
(xxxiv)department stores;
(yxxv)Drive-in Uses;
(zxxvi)employment agency;
(aaxxvii)Extended Stay Hotel;
(bbxxviii)Family Child Care Home;
(ccxxix)Grocery Store;
(ddxxx)Financial institutions;
(eexxxi)fitness centers and health clubs;
(ffxxxii)furniture stores;
(ggxxxiii)hardware stores;
(hhxxxiv)Hotel, Motel and Lodge;
(iixxxv)Home Occupations, Minor and Major;
(jjxxxvi)Hospitals;
(kkxxxvii)independent living facility;
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EXHIBIT B to ORDINANCE 26-02
(llxxxviii)indoor entertainment facility;
(mmxxxix)indoor storage;
(nnxl)Kennels;
(ooxli)laboratory;
(ppxlii)landscaping and snow removal services;
(qqxliii)laundromat/dry cleaning;
(rrxliv)long-term care facilities and other medical facilities including, but not limited to,
group and congregate care facilities, nursing homes and independent living
facilities;
(ssxlv)Medical Marijuana Businesses;
(ttxlvi)medical and dental offices;
(uuxlvii)meeting facility;
(vvxlviii)newspaper and commercial printing shops;
(wwxlix)Nude Entertainment Establishments;
(xxl)nursery or garden supply;
(yyli)Outdoor Storage;
(zzlii)pet shop (for the sale of pets, pet supplies and/or for domesticated animal
grooming);
(aaaliii)professional offices;
(bbbliv)real estate sales offices;
(ccclv)photocopy and blueprint businesses;
(dddlvi)Public Facilities;
(eeelvii)Private Parking;
(ffflviii)Public Parking;
(ggglix)Recycling Facility;
(hhhlx)Recycling Processing Facility;
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EXHIBIT B to ORDINANCE 26-02
(iiilxi)Religious Facility;
(jjjlxii)repair shops, small electronics repair;
(kkklxiii)Restaurants;
(llllxiv)Retail sales, specialty and gift shops; ski tuning; bike assembly
(mmmlxv)service and social clubs;
(nnnlxvi)Service Stations;
(ooolxvii)Studios (music, dancing, photography, movie, art and broadcasting)
(ppplxviii)tailor, seamstress, clothing alterations
(qqqlxix)tattoo parlor, body piercing
(rrrlxx)Temporally Divided Dwelling
(ssslxxi)theaters;
(tttlxxii)trade schools and colleges;
(uuulxxiii)Transit Shelter;
(vvvlxxiv)Wireless Telecommunications Equipment;
(wwwlxxv)Wireless Telecommunications Facilities;
(xxxlxxvi)Wireless Telecommunications Services;
(yyylxxvii)Vacation Clubs;
(zzzlxxviii)Uses which the Director determines to be similar.
Community 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
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EXHIBIT B to ORDINANCE 26-02
and as may be amended from time to time, so long as not in conflict with the Community
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
date the Town approved the Original PUDEffective 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. § 38-33-10338-33-103(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,
ready-to-eatready-to-eat food products, groceries,over-the-counterover-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
March 15November 16,20112022, 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.
Developer Affiliates 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-RP LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer Creek-HD LLC
and Traer Creek-WMT LLC.
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EXHIBIT B to ORDINANCE 26-02
Development Agreement means the Consolidated, Amended and Restated Annexation and
Development Agreement for The Village (at Avon) concerning the Property dated as of
October 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 A.4(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
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(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 exclusive use 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 August 1[________],20142025,which is the effective date of the
Amended and Restatedthis 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-fourtwenty-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.
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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.
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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,petro-chemicalpetro-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 sys tems; 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
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EXHIBIT B to ORDINANCE 26-02
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.
Lodging Square Footage has the meaning set forth in Section B.8(i)(i) of this PUD Guide.
Lot(s) 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 Single-familySingle-family Dwelling which is: partially or
entirely manufactured in a factory; at least twenty-fourtwenty-four (24) feet wide and
thirty-sixthirty-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 DeveloperLandowner 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
property for investment purposes and are designated and authorized to act on behalf of all
Developer Affiliates. The Developer AffiliatesAffiliated 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 Developer AffiliatesAffiliated Landowners may designate a replacement Master
DeveloperLandowner from time to time, or may terminate the role of the Master
DeveloperLandowner, 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 Developer
AffiliatesAffiliated Landowners owning any part of the Property as of the date of such notice.
Any replacement Master DeveloperLandowner must be an entity that is a Developer Affiliatean
Affiliated Landowner. The designation of a replacement Master DeveloperLandowner or
termination of the role of Master Developer 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 Marijuana 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
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as such terms are defined by C.R.S. § 12-43.3-10412-43.3-104, 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 twenty-fourtwenty-four (24) feet
wide and thirty-sixthirty-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 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.
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,
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EXHIBIT B to ORDINANCE 26-02
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 Amendments.prior to
the Effective Date pursuant to certain instruments filed of record, through and including: (i) The
Village (at Avon) Second Amended and Restated PUD Guide, 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-fourtwenty-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 Engineering means the following submittals in connection with certain future street
improvements within The Village at (Avon) as described in Section A.4(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.
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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-familySingle-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 forth in Section 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.
Property 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 party 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,
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EXHIBIT B to ORDINANCE 26-02
which the Master DeveloperLandowner 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 sys tems
or facilities; water systems or facilities; wastewater systems or facilities; storm drainage systems
or facilities; fire, police and emergency services sys tems 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)SecondThird Amended and Restated PUD Guide
dated September 11, 2018[_____________, 2025], 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.
Required Street Connections has the meaning 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.
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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.
Required Street Connections has the meaning giving it in Section G.5(b) of this PUD Guide.
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.
Settlement Term Sheet has the meaning set forth in Section A.2(c) of this PUD Guide.
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,
guesthouse, 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
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EXHIBIT B to ORDINANCE 26-02
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 be 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 A.4(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.
Story(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.
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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 I.9 of this PUD Guide.
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.
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. § 38-33-11038-33-110, 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.
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Use(s) 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 A.4(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
H-22
1650530.6
EXHIBIT B to ORDINANCE 26-02
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 sys tems, enhanced specialized wireless telecommunication, persona communication
services, cellular telephone service and any similar services provided by means other than
Cabled Telecommunication Services.
H-23
1650530.6
EXHIBIT B to ORDINANCE 26-02
EXHIBIT I
Section 7.16.070 of Development Code
7.16.07 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.
(a)Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering
Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning,
dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums,
apartments or any other multiple dwelling units or creation of an estate in airspace, except any
subdivisions that are specifically excluded by state law. If a tract of land that has been created or
subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners,
any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to
the requirements of these regulations. If any tract of land or airspace has been subdivided as one (1) type
of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example,
conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject
to the requirements of this Development Code. Unless the method of disposition is adopted for the
purpose of evading the requirements of the Development Code, this procedure shall not apply to any
division of land that:
(1)Is created by a lien, mortgage, deed of trust or any other security instrument;
(2)Is created by any interest in an investment entity;
(3)Creates cemetery lots;
(4)Creates an interest or interests in oil, gas, minerals or water that are severed from the surface
ownership of real property;
(5)Is created by the acquisition of an interest in land in the name of a husband and wife or other
persons in joint tenancy or as tenants in common of such interest. For the purpose of this Paragraph,
any interest in common owned in joint tenancy shall be considered a single interest;
(6)Creates a leasehold interest with a term of less than twenty (20) years and involves no
change in use or degree of use of the leasehold estate;
(b)Subdivision Categories. Categories of subdivisions are established and defined as follows for the
purpose of determining the appropriate subdivision review procedure:
(1)Major Subdivision. Major subdivisions include all subdivisions which would create four
(4) or more separate parcels of land or which would require or which propose public improvements.
(2)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
Exhibit I-
Page 1
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EXHIBIT B to ORDINANCE 26-02
subdivisions more than four (4) units which do not propose public improvements shall be processed
as minor subdivisions.
(3)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).
(c)Review Procedures. Applications for a subdivision shall follow the general review procedures
set forth in Section 7.16.020, General Procedures and Requirements. Applications for subdivision must
be initiated by the owner of the real property. The Director may combine preliminary plan and final plat
review where the subdivision application can be reviewed efficiently and effectively with a combined
process. Where subdivision approval will be required to implement development in a proposed PUD, the
applicant shall file a single preliminary plan incorporating the application requirements of 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.
(d)Review Authority. The review authority for a subdivision application shall be determined by the
subdivision category.
(1)Major Subdivision. Major subdivisions shall be required to obtain approval for a
preliminary plan and for a final plat. The PZC shall review a preliminary plan for a major
subdivision application and shall provide a recommendation to the Town Council after conducting a
public hearing. The Town Council shall render the final decision on a preliminary plan for a major
subdivision application after conducting a public hearing. The Town Council shall review the final
plat for major subdivision applications and render a final decision after conducting a public hearing.
The preliminary plan and final plat for major subdivisions shall be approved by resolution or
ordinance of the Town Council.
(2)Minor Subdivision. Minor subdivisions shall require final plat review and approval only
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 minor subdivision application after conducting a
public hearing. Minor subdivisions shall be approved by resolution or ordinance of the Town
Council.
(3)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 7.16.160, Appeal.
(e)Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria
as the basis for recommendations and decisions on applications for preliminary plan subdivision
applications:
Exhibit I-
Page 2
2985509.10
EXHIBIT B to ORDINANCE 26-02
(1)The proposed subdivision shall comply with all applicable use, density, development and
design standards set forth in this Development Code that have not otherwise been modified or waived
pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets.
Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with
such development and design standards difficult or infeasible;
(2)The subdivision application shall comply with the purposes of the Development Code;
(3)The subdivision application shall be consistent with the Avon Comprehensive Plan and
other community planning documents;
(4)The land shall be physically suitable for the proposed development or subdivision;
(5)The proposed subdivision shall be compatible with surrounding land uses;
(6)There are adequate public facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads and will be conveniently located in relation to
schools, police, fire protection and emergency medical services;
(7)The proposed utility and road extensions are consistent with the utility’s service plan and
are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan;
(8)The utility lines are sized to serve the ultimate population of the service area to avoid future
land disruption to upgrade under-sized lines;
(9)The subdivision is compatible with the character of existing land uses in the area and shall
not adversely affect the future development of the surrounding areas;
(10)A proposed subdivision for an existing PUD shall be consistent with the relevant PUD
Master Plan as reflected in the approval of that PUD;
(11)Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall
provide a “conditional capacity to serve” letter for the proposed subdivision;
(12)That the general layout of lots, roads, driveways, utilities, drainage facilities and other
services within the proposed subdivision shall be designed in a way that minimizes the amount of
land disturbance, minimize inefficiencies in the development of services, maximizes the amount of
open space in the development, preserves existing trees/vegetation and riparian areas, protects
critical wildlife habitat and otherwise accomplishes the purposes of this Development Code.
(13)Evidence that provision has been made for a public sewage disposal system or, if other
methods of sewage disposal are proposed, adequate evidence that such system shall comply with
state and local laws and regulations;
(14)Evidence that all areas of the proposed subdivision that may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified by the applicant
and that the proposed use of these areas are compatible with such conditions or that adequate
mitigation is proposed;
Exhibit I-
Page 3
2985509.10
EXHIBIT B to ORDINANCE 26-02
(15)The subdivision application addresses the responsibility for maintaining all roads, open
spaces and other public and common facilities in the subdivision and that the Town can afford any
proposed responsibilities to be assumed by the Town;
(16)If applicable, the declarations and owners’ association are established in accordance with
the law and are structured to provide adequate assurance that any site design standards required by
this Development Code or conditions of approval for the proposed subdivision will be maintained or
performed in a manner which is enforceable by the Town; and
(17)As applicable, the proposed phasing for development of the subdivision is rational in terms
of available infrastructure capacity and financing.
(f)Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an
application for a final plat. The following criteria shall apply to review of a final plat subdivision
application:
(1)The Town Engineer shall compare the legal description of the subject property with the
County records to determine that:
(i)The property described contains all contiguous single ownership and does not create a
new or remaining unrecognized parcel of less than thirty-five (35) acres in size;
(ii)The lots and parcels have descriptions that both close and contain the area indicated;
and
(iii)The plat is correct in accordance with surveying and platting standards of the State.
(2)The final plat conforms to the approved preliminary plan and incorporates all recommended
changes, modifications and conditions attached to the approval of the preliminary plan;
(3)The final plat conforms to all preliminary plan criteria;
(4)The development will substantially comply with all sections of the Development Code;
(5)The final plat complies with all applicable technical standards adopted by the Town; and
(6)Appropriate utilities shall provide an ability to serve letters, including but not limited to
water, sewer, electric, gas and telecommunication facilities.
(g)Public Improvements Guarantee. Guarantees for public improvements shall comply with
Subsection 7.32.100(c).
(h)Revocation. An approval of a final plat is revoked pursuant to this Section.
(1)Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be
recorded within ninety (90) days from the date of approval and acceptance of the Council. In the
event that the plat is not recorded, the approval of the Council shall be deemed to be void and such
plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for
recording the final plat.
(2)Vacation. The final plat approval shall include a determination of a reasonable time by
which the project should be completed. All plats given final approval shall contain a notation
Exhibit I-
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EXHIBIT B to ORDINANCE 26-02
indicating the date by which a project is expected to be completed, that shall be prima facie evidence
of a reasonable time by which the project should have been completed. A plat or any portion thereof
that has been finally approved by the Council and has been recorded shall be subject to vacation
proceedings if the project that is the subject of the subdivision is not completed within the time set by
Council.
(3)Extension. Extensions of the time limit for project completion may be obtained from the
Council for good cause shown, upon request by the applicant or owner of the tract, if made before the
vacation proceedings are instituted. (Ord. 10-14 §3)
Exhibit I-
Page 5
2985509.10
EXHIBIT B to ORDINANCE 26-02
EXHIBIT B to ORDINANCE 26-02
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EXHIBIT B to ORDINANCE 26-02
4199881.6
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 [_______________, 2025] (“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
EXHIBIT C to ORDINANCE 26-02
2
4199881.6
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-1, and Block 3 shall continue through and
include October 20, 2059 (“Mountainside Vesting Term”).
EXHIBIT C to ORDINANCE 26-02
3
4199881.6
(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
EXHIBIT C to ORDINANCE 26-02
4
4199881.6
(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. A new 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
EXHIBIT C to ORDINANCE 26-02
5
4199881.6
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):
EXHIBIT C to ORDINANCE 26-02
6
4199881.6
To the Town:
Town of Avon
100 Mikaela Way
Avon, Colorado 81620
Attention: Town Manager
Telephone: (970) 748-4004
Email: eheil@avon.org
With a required copy to:
Town of Avon
100 Mikaela Way
Avon, Colorado 81620
Attention: Town Attorney
Telephone: (303) 376-8512
Email: nina@wwfdlaw.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.denslow@claconnect.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: doleary@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.denslow@claconnect.com
With a required copy to:
Spencer Fane
EXHIBIT C to ORDINANCE 26-02
7
4199881.6
1700 Lincoln Street, Suite 2000
Denver, Colorado 80203
Attn: David S. O’Leary
Telephone: (303) 839-3952
Email: doleary@spencerfane.com
To Master Landowner:
Traer Creek LLC
0101 Fawcett Road, Suite 210
Avon, CO 81620
Attn: Marcus Lindholm, Manager
Telephone: (970) 949-6776
Email: marcuslindholm@traercreek.com
With required copies to:
Traer Creek LLC
0101 Fawcett Road, Suite 210
Avon, CO 81620
Attn: Michael Lindholm
Telephone: (970) 949-6776
Email: michaellindholm@traercreek.com
And 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
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@traercreek.com
EXHIBIT C to ORDINANCE 26-02
8
4199881.6
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
To the Limited Parties:
Avon Urban Renewal Authority
100 Mikaela Way
Avon, Colorado 81620
Attention: Town Manager
Telephone: (970) 748-4004
Email: eheil@avon.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.denslow@claconnect.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
EXHIBIT C to ORDINANCE 26-02
9
4199881.6
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.denslow@claconnect.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
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.
EXHIBIT C to ORDINANCE 26-02
10
4199881.6
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 Term 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 Term 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:
EXHIBIT C to ORDINANCE 26-02
11
4199881.6
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 party 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]
EXHIBIT C to ORDINANCE 26-02
12
Town Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.6
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)
EXHIBIT C to ORDINANCE 26-02
13
TCMD Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.6
TCMD:
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)
EXHIBIT C to ORDINANCE 26-02
14
Master Landowner Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.6
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)
EXHIBIT C to ORDINANCE 26-02
15
Master Landowner Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.6
MASTER LANDOWNER:
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: Lava Corporation, a Colorado corporation, its
Manager
By:
Name: Michael Lindholm
Title: President
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
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)
EXHIBIT C to ORDINANCE 26-02
Exhibit A
Page 1
4199881.6
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) Filing1
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 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) 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 C to ORDINANCE 26-02
Exhibit A
Page 2
4199881.6
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-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 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 S01°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, S01°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°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°59'25"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 corner of said Section 9 and Section 16 of said Township and Range; thence
N89°55'04"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 N01°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, S01°33'13"W 790.94 feet, to the point of beginning, containing 47.70 acres,
more or less.
EXHIBIT C to ORDINANCE 26-02
Exhibit A
Page 3
4199881.6
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,
S01°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 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 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 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 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 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
N89°58'35"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) 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
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) N00°10'53"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 C to ORDINANCE 26-02
Exhibit A
Page 4
4199881.6
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
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 C to ORDINANCE 26-02
From:
To:
Bobby Banks
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
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From: Craig Ferraro
Sent: Friday, November 7, 2025 4:40 PM
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
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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 AI 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.
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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 I-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.
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Sincerely,
Craig Ferraro
3860 Eaglebend Drive
Avon, CO
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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. I 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
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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 C
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From: Ian Bruce
Sent: Monday, November 10, 2025 12:44 PM
To: MaƩ PielsƟcker
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 supporƟve of the Traer Creek development
how it was approved by the exisƟng PUD. We feel the request to increase the building height will negaƟvely affect and is
incompaƟble to our neighborhood. Please consider our request to deny the applicaƟon.
Thank you for your consideraƟon,
Kris and Ian Bruce
Sent from my iPhone
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