TC Packet 02-24-2026 - REV with Public Comment_____________________________________________________________________________________
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, February 24, 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 TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 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 MINUTES)
5.1. Approval of February 10, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. RESOLUTION 26-03: Approving 2026 Special Events for Administrative Approval (Chief Cultural
Officer Danita Dempsey)
5.3. ACTION: Authorization to prepare Building Code Updates (Community Development Director
Matt Pielsticker)
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) (180 Minutes)
6.2. ACTION: Approval of Ticketed Fall Bluegrass Music Festival (Chief Cultural Officer Danita
Dempsey) (30 Minutes)
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Dean Stockdale)
7.2. Deed Restricted Community Housing Programs 2025 Year-End Update (Housing Planner Patti
Liermann)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES)
9. EXECUTIVE SESSION
9.1. For the purpose of purchase and acquisition 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) (30 Minutes)
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
_____________________________________________________________________________________
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.
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 REGULAR MEETING MINUTES
TUESDAY FEBRUARY 10, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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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 February 10, 2026, Council Regular Meeting to order at 5:23 p.m. A roll call
was taken, and Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay
Hardy, 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, Public Works Director Mike Jackson, Community
Development Director Matt Pielsticker, Planning Manager Jena Skinner, Marketing and Communications
Manager Liz Wood, Engineering Director Eva Wilson, IT Staff Carlos Molina and Andrew Bare, and Avon
Deputy Police Chief Coby Cosper.
2. APPROVAL OF AGENDA
Video Start Time: 00:23:40
Mayor Underwood opened the meeting by addressing approval of the agenda. Councilor Stanley moved
to approve the agenda as presented, and Councilor Hyatt seconded the motion. The motion passed
unanimously by a 6–0 vote of those present, with Councilor Brooks briefly away from his seat at the time
of the vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:24:05
Mayor Underwood asked whether there were any conflicts of interest related to the agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:24:29
Mayor Underwood explained that public comment may be provided in person, via Zoom (video or 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 allowed at Council’s
discretion. Speakers are asked to address the Council directly and should not expect a response, as this
time is reserved solely for public input.
Mayor Underwood invited public comment from those present in the room and participating virtually,
requesting that speakers state their name and, if desired, their neighborhood or Town of residence. Kevin
Cote, an Avon resident, participated virtually and expressed appreciation for the parking ordinance
presented that evening, stating that he supports it as a common-sense approach. No additional public
comment was received, either in person or virtually.
5. CONSENT AGENDA
Video Start Time: 00:27:40
Mayor Underwood introduced the approval of the Consent Agenda to include the following:
5.1. ACTION: Approval of January 27, 2026 Regular Council Meeting Minutes (Town Clerk Miguel
Jauregui Casanueva)
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TUESDAY FEBRUARY 10, 2026
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Mayor Pro Tem Carroll moved to approve the Consent Agenda as presented. Councilor Hardy seconded
the motion, which passed unanimously by a 7–0 vote.
6. BUSINESS ITEMS
6.1. PUBLIC HEARING (QUASI-JUDICIAL): MJR25003 | DEB25001 The Summit at Avon (Planning
Manager Jena Skinner)
Video Start Time: 00:28:08
Mayor Tamra Underwood re-opened the public hearing for The Summit at Avon (Lot B) and outlined
the structure of the hearing and anticipated timeline for potential approval. Planning Manager Jena
Skinner introduced the continued quasi-judicial public hearing for the Major Development Plan and
Development Bonus applications and presented an overview of the proposal for development in the
Town core.
Ms. Skinner was joined at the podium by representatives of the applicant team, including Alan
Simpson and Don Simpson of Grand Peaks Development, Andrew Lane of Zehren and Associates,
and members of the project’s civil, engineering, and architectural design teams, including IMEG. The
applicant team presented updated project information and renderings and explained the challenges
associated with developing one of the last undeveloped parcels in the Avon Town Center, describing
the proposal as a solution developed after decades of prior attempts.
The applicant’s presentation detailed the proposed mixed-use development, including residential
units, reduced parking, a requested building height increase, setback encroachments, and a series
of public benefits. Councilors asked extensive questions regarding the Town’s heat recovery system,
parking allocations and management, parking ratios by unit and bedroom count, shared parking
between Avon Center and the Summit, driveway access and circulation, contractual agreements with
adjacent properties, zoning compliance, building massing and terracing, roof forms, and architectural
articulation. Questions were addressed by staff, the applicant, and members of the civil and
architectural teams.
Mayor Underwood then opened the public hearing to public comment. Several members of the public
spoke in support of the project.
Christine Sena, Vail Valley Art Guild Board Member, addressed Council in person to express
enthusiasm for the proposed makers and arts space, noting that existing gallery space at the
Seasons is limited.
Russell Frederickson, Executive Director of the Vail Valley Art Guild and a board member of the
Human Family of Arts and Music (HFAM), addressed Council in person and spoke in strong support
of the ground-floor flex space as a valuable community asset.
Ian Grask, a CASE Committee member and Avon resident, addressed Council in person and echoed
support for the flexible arts and non-profit space, stating that the site is a “jewel” in the heart of the
valley and would help activate the pedestrian corridor.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 10, 2026
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Tony Emrick, an Avon resident, Avon Center HOA Board Member, and DDA Board Chair, addressed
Council in person and spoke on behalf of the neighboring HOA in full support of the project.
No additional public comment was received in person or virtually.
Following the close of public comment, Council entered deliberations and discussed the requested
development bonuses and design elements:
• Building Height Increase: Six Councilors supported increasing the maximum building height from
80 feet to 100 feet. Councilor Hardy opposed the height increase.
• Reduced Parking: Council expressed mixed views. Councilors Thuon, Brooks, Hyatt, and
Stanley supported reduced parking. Mayor Pro Tem Carroll initially expressed concerns but later
indicated willingness to accept the reduction. Other Councilors voiced reservations regarding
parking impacts and management.
• Setback Encroachments: Council unanimously supported the requested setback
encroachments.
Council further discussed design considerations, including roof form articulation, particularly at
the southeast and northwest corners of the building, and emphasized the importance of the
proposed ground-floor Culture and Arts Flex Space. Staff summarized three unresolved items
requiring further refinement:
1. Ongoing discomfort with reduced parking.
2. Strong support for the flexible community arts space and clarity regarding its programming.
3. Additional refinement of roof form and articulation, particularly on the southeast corner (and
secondarily the northwest corner).
Based on these outstanding issues, staff recommended continuing the public hearing to allow the
applicant time to respond and return with a revised proposal.
Mayor Pro Tem Carroll moved to continue the public hearing to March 10, 2026, with direction for
the applicant to return with a revised proposal addressing the identified concerns. Councilor Hardy
seconded the motion, which passed unanimously by a 7–0 vote.
Recess: Council recessed from 9:20 p.m. to 9:30 p.m. for a 10‑minute break. Councilor Thuon departed
the meeting during the recess, at approximately 9:25 p.m.
6.2. PUBLIC HEARING: ORDINANCE 25-18 Second Reading: Parking Regulations on Private
Property (Town Clerk Miguel Jauregui and Town Attorney Nina Williams)
Video Start Time: 04:19:55
Town Clerk Miguel Jauregui Casanueva, Town Attorney Nina Williams, Community Development
Director Matt Pielsticker, and Planning Manager Jena Skinner presented the second reading of
Ordinance 25‑18, enacting regulations for private parking lots, and responded to Council questions.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 10, 2026
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Mayor Underwood opened the public hearing for public comment; no public comment was received
in person or virtually.
Council discussion centered on concerns that the proposed regulations would not meaningfully
resolve the core issues surrounding paid parking in Avon. Councilors emphasized that paid parking
itself is not the problem; rather, the focus was on the $87 non‑compliance penalty, which was
described as predatory and harmful to the Town’s reputation. Council noted that motorists are often
unaware they have entered managed parking areas and only discover violations weeks later, leading
to frustration and negative perceptions. Mayor Underwood underscored that the issue lies not with
legitimate parking fees, but with how penalties are imposed, characterizing the practice as confusing,
unfair, and detrimental to local businesses and tenants.
Councilors discussed limitations on the Town’s authority, with Town Attorney Williams explaining that
while the Town may regulate business licensing, it has limited authority to directly regulate private
property operations. Questions were raised regarding the effectiveness of signage requirements,
with concerns that larger or more numerous signs would not change landlord behavior and could
further detract from the Town’s appearance. Council also discussed feedback received from
Hoffmann and other private parking operators and emphasized the need for a collaborative approach
rather than additional regulation.
Multiple Councilors supported scaling back the ordinance and directing staff to engage
collaboratively with private parking lot owners, particularly in the East Town Core, to seek solutions
that support tenants, businesses, and visitors. Ideas discussed included discontinuing parking
management in most areas of Town, offering free parking on Benchmark Road and Lake Street,
maintaining managed parking at the Recreation Center and Town Hall, exploring future surface or
structured parking opportunities, and ensuring signage accessibility, including consideration of
Spanish-language signage if signage requirements move forward.
Council then directed staff to peel back the current regulatory approach and pursue a collaborative
strategy with private parking operators.
Mayor Pro Tem Rich Carroll moved to continue the second reading to April 14, 2026, allowing
approximately 60 days for staff to engage stakeholders and return with alternative options, including
potential changes to Town parking enforcement and free parking scenarios. Councilor Hardy
seconded the motion, which passed unanimously by a 6‑0 vote of those present.
6.3. PUBLIC HEARING: RESOLUTION 26-01: Approving Purchase & Sale Agreement for 91 Beaver
Creek Place (Town Manager Eric Heil)
Video Start Time: 05:02:40
Town Manager Eric Heil introduced Resolution 26‑01, explaining that the property at 91 Beaver
Creek Place came on the market late last year, was placed under contract, and that the Town
completed its due diligence. He noted that the two existing tenants were present at the meeting, had
been informed of the proposed sale, and were aware of the Town’s intent to acquire the property.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 10, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Mayor Underwood opened the public hearing to public comment. Town Clerk Miguel Jauregui
Casanueva assisted during the public hearing by translating communications and public comment
between the tenants, Council, and staff.
Rene Gutierrez and Jose Landaverde, the current tenants operating the taqueria ‘No se Hagan
Bolas’ and ‘Snow Barbers’ barbershop, respectively, addressed Council in person and requested to
be allowed to remain in their space for as long as possible at the same rent, noting their long-standing
presence in Avon, 22 years for the taqueria and 12 years for the barbershop. No additional public
comment was received in person or virtually.
Councilor Stanley moved to approve Resolution 26‑01, as presented. Councilor Hardy seconded the
motion, which passed unanimously by a 6‑0 vote of those present.
6.4. PUBLIC HEARING: RESOLUTION 26-02: Amending the 2026 Budget (Chief Financial Officer Paul
Redmond)
Video Start Time: 05:14:00
Chief Financial Officer Paul Redmond introduced Resolution 26‑02, amending the 2026 Budget to
fund the acquisition of 91 Beaver Creek Place, and presented an overview of the proposed budget
amendment. In response to a question from Mayor Underwood, Mr. Redmond confirmed that the
Avon Downtown Development Authority (DDA) is not funding the purchase.
Mayor Underwood opened the floor to public comment; no public comment was received in person
or virtually.
Councilor Hyatt moved to approve Resolution 26‑02, as presented. Councilor Brooks seconded the
motion, which passed unanimously by a 6–0 vote of those present.
6.5. WORK SESSION: Regional Housing Authority Update (Town Manager Eric Heil)
Video Start Time: 05:16:55
At Mayor Underwood’s request, the work session was deferred with unanimous support from Council.
Before deferring the item, Mayor Underwood asked Town Manager Eric Heil to briefly summarize
the hybrid financing model previously discussed with the Commissioners. Mr. Heil explained that
under the hybrid model, administrative and core functions are housed locally, revenues flow through
to participating jurisdictions after funding the Regional Housing Authority, staffing is anticipated at
approximately 10 positions, and projected revenues range from $2.6 million to $20 million. Mayor
Underwood noted that Council will have the opportunity to learn more about the hybrid financing
model and related details at a future agenda item. As this was a work session, no motion was
requested and Staff was given direction as indicated during the session.
7. WRITTEN REPORTS
7.1. January 20th Health & Recreation Committee Draft Meeting Minutes (recreation Director Michael
Labagh)
7.2. February 2nd Joint DDA/CASE Committee Draft Meeting Minutes (Special Events Coordinator Emily
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 10, 2026
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Dennis)
7.3. Capital Improvement Plan 2025 Summary (Engineering Director Eva Wilson)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 05:21:40
Mayor Pro Tem Carroll reminded Council and the public that the CORE Transit meeting will be held
tomorrow in the Avon Council Chambers and noted that the meeting recording will be available on High
Five Media.
Councilor Stanley suggested that Council consider moving Council comments to the beginning of meetings,
noting that more attendees are typically present at that time. Mayor Pro Tem Carroll added that CORE
Transit meetings currently include public comment at the beginning and are planning to offer it at both the
beginning and the end, acknowledging that there are advantages and disadvantages to each approach
based on public participation preferences.
Councilor Hyatt reported on his attendance at a recent Eagle County Regional Airport (EGE) Air Alliance
meeting, noting that flight numbers are up. He added that the anticipated closure of Aspen Airport for
several months next year is expected to bring additional air traffic and business to EGE, which may further
incentivize airlines to increase service to the region.
9. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the regular
meeting. The time was 10:35 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 ___________________________________
970-748-4072 cvanwinkle@avon.org
TO: FROM:
RE:
DATE:
Honorable Mayor Underwood and Council members
Chelsea Van Winkle, Senior Special Events Coordinator
Resolution 26-03 Approving 2026 Special Events for
Administrative Approval
February 17, 2026
SUMMARY: Council is being asked to review Resolution 26-03 Approving 2026 Special Events to allow a streamlined administrative review and approval process for those special events which may seek to
(1) apply for a Special Event Liquor License to sell alcoholic beverages and/or (2) apply for an Outdoor Use
of Amplified Sound Permit.
BACKGROUND:
1.Special Event Liquor Licensing: The Town’s liquor licensing regulations allow for administrative
review and approval of routine liquor license applications, including Special Event Permits for
events already approved by the Town Council.
2.Outdoors Use of Amplification Systems: Staff received one sound complaint regarding special
events in 2025 during the July 16th AvonLIVE! permitted times for amplification and during sound
check. Staff immediately responded by reducing the volume and no further complaints were
received.
The Town’s municipal code (AMC 5.24.020) allow for administrative approval at the locations and
times listed below.
a.In Nottingham Park, including the Avon Pavilion, on Sunday through Wednesday between
the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the
hours of 9:00 a.m. and 10:00 p.m.
b.In any non-commercial zone (including any planned unit development area allowing non-
commercial use, but not including Town properties, park, and the Main Street Mall) between the hours of 9:00 a.m. and 8:00 p.m.
c.In any commercial zone (including any planned unit development area allowing
commercial, but not including Town properties, park, and the Main Street Mall) between
the hours of 8:00 a.m. and 10:00 p.m.
Outdoor Use of Amplified Sound Systems applications that are not subject to administrative
approval or that are referred by the Town Manager to the Town Council, shall be subject to review
and approval by the Town Council after conducting a public hearing.
Resolution 26-03 has been prepared for Council consideration and includes a list of 2026 special
events, including event name, event dates, times, and locations, which have a liquor sales
component and/or amplified sound component and will seek a Special Event Permit and/or
Outdoor Use of Amplified Sound Permit. If Resolution 26-03 is approved, it would allow the Town
Clerk to administratively review and approve these Special Event Permit applications; and exempt
the events listed from submitting an Outdoor Use of Amplified Sound Permit application per Section
5.24.010 of the AMC.
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ANALYSIS: Approving Resolution 26-03 streamlines the review and approval process by decreasing the
number of Special Event Permit Applications reviewed by the Avon Liquor Licensing Authority as well as
the Outdoor Use of Amplified Sound Permit applications handled by the Avon Town Council. This change
improves efficiency and use of Avon Town Councils time.
RECOMMENDATION: Staff recommends approving Resolution 26-03 Approving 2026 Special Events.
PROPOSED MOTION: “I move to approve Resolution 26-03 Approving 2026 Special Events.”
Thank you, Chelsea
ATTACHMENT A – Resolution 26-03 Approving 2026 Special Events
Resolution 26-XX Approving 2026 Special Events
February 24, 2026
Page 1 of 1
RESOLUTION 26-03
APPROVING 2026 SPECIAL EVENTS
WHEREAS, the Town Avon, Colorado (the “Town”) is a home rule municipality and political
subdivision of the State of Colorado (the “State”) organized and existing under a home rule
charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Town of Avon’s local liquor licensing regulations allow for the administrative
review and approval of routine liquor license applications, including Special Event Permit
applications for events already approved by the Town Council; and,
WHEREAS, the Town Council, as the local liquor license authority, finds that delegating
review and approval authority for certain routine liquor license applications to the Town Clerk
will improve administrative efficiency; and,
WHEREAS, the Town Council finds that approving 2026 special events planned for
Nottingham Park would exempt Outdoor Use of Amplified Sound Permits for the listed events
and would improve administrative efficiency: and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby approves the following 2026 special events and event dates:
Special Event Liquor License:
1.Triple Bypass: Saturday, July 11th, 2026, 11:30 a.m. to 8:00 p.m.; Nottingham Park
Outdoor Use of Amplified Sound:
1.SunsetLIVE!: Sunday’s, May 24th through August 30th, 2026; 3:30 p.m. to 8:30 p.m.
2.SunsetLIVE!: Sunday, September 6th, 2026; 3:30 p.m. to 10:00 p.m.
3.AvonLIVE!: Wednesday’s, June 10th through August 19th,2026, 11:00 a.m. to 9:15 p.m.
4.Turkey Trot: Thursday, November 26th, 2026, 8:00 a.m. to 12:00 p.m.
ADOPTED February 24, 2026, by the AVON TOWN COUNCIL
By: ___________________________ Attest: ___________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
970-748-4413 matt@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Matt Pielsticker, AICP, Community Development Director
RE: Community Development Code Amendments
DATE: February 19, 2026
SUMMARY: This report requests action by Avon Town Council (“Council”) to authorize proceeding with
various amendments to Avon Municipal Code (“AMC”) Title 15: Buildings and Construction (“Building
Code”). Changes to the Building Code (and Title 7) would include (1) wildfire resiliency, (2) dark sky
regulations, (3) “single stairway” amendments, and (4) National Electric Code adoption by reference. The
single stairway amendments have been coordinated with the Eagle River Fire and Protection District
(“ERFPD”) staff. These changes will be further coordinated with ERFPD before the final draft Ordinance is
completed. Wildfire resiliency amendments are coordinated with our partners across Eagle County.
I will bring the majority of these amendments to the Avon Planning and Zoning Commission (“PZC”) for
review and recommendation. Once PZC is complete, the Ordinance will be drafted and brought to Council
for final consideration.
WILDFIRE RESILIENCY: Our goal is to adopt the same provisions of neighboring jurisdictions of Eagle
County and Vail, creating a universal wildfire building code. Replacing the existing, varying local rules for
building standards to a code be tailored for mountainous regions, will meet or exceed the minimum
standards set forth by the CWRC. The Town’s current regulations include adoption of the 2021
International Wildland Urban Interface Code (“IWUI”) and numerous and taking additional steps to increase
safeguards for our community from the ever-growing threat of wildfires.
Over the past 12 months, we have been working collaboratively with regional partners to include new
wildfire resilience measures in alignment with the newly adopted 2025 State of Colorado Wildfire Resilience
Code (“CWRC”). We feel that the proposed updates to our existing code Sections 7.08.010 Definitions,
7.24.070 Accessory Uses and Structures, 7.28.050 Landscaping, 7.28.080 Fences, and 7.28.100 Natural
resource Protections, meet or exceed the minimum standards set forth by CWRC, and more succinctly and
thoughtfully addresses Avon’s distinctive layout, infrastructure, landscape, and vision for future
redevelopment.
Avon will consider repealing the 2021 IWUI, and adopting Title 15 amendments ensuring building codes
and expectations for building permits are more universal for local contractors operating in throughout Eagle
County. The new wildland fire section would adopt the “Eagle County Wildland Fire”
The Colorado Wildfire Resiliency Code was established by Senate Bill 23-166 in 2023 in order to develop
a statewide baseline model code for wildfire resiliency. As allowed CRS §24-33.5-1237(2)(a), a Governing
Body may adopt an alternative code, so long as the alternative code meets or exceeds the minimum
standards set forth in the code adopted in 3.1 of these rules. The Eagle County WUI code is currently under
review, and it is likely to be approved.
OUTDOOR LIGHTING STANDARDS: The Town’s Outdoor lighting standards were slightly modified in
2022, however, they have been largely untouched since original adoption in 2014. Recent developments
and best practices for outdoor lighting continue to evolve. Proposed updates are intended to clarify existing
standards, reflect current lighting technology and development patterns, and further reduce light pollution
while maintaining public safety and functionality. These updates also align the Town’s lighting standards
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more closely with the Dark Sky International Organization’s principles for responsible outdoor lighting and
ensure they remain relevant to current and anticipated redevelopment patterns in Avon, including lighting
associated with canopies, stairwells, rooftops, and other building features that may contribute to exterior
lighting impacts.
Proposed changes include:
• Establishing height limits for pole-mounted fixtures and deck/balcony lighting
• Requiring exterior fixtures to use a warm 2700–3000 Kelvin color temperature
• Regulating rooftop lighting to minimize light spill onto neighboring properties
• Amending the intent and purpose section to align with Dark Sky International principles
• Expanding standards to additional areas, including interior and exterior stairwells, canopy lighting,
and electric vehicle ports
• Updating definitions and visual aids for acceptable and unacceptable fixtures
• Creating a general provision addressing excessive lighting, as determined by the Community
Development Director
NATIONAL ELECTRIC CODE: Council approved Ordinance 22-16 on December 3, 2022, adopting the
latest building codes including the 2020 edition of National Electrical Code (“NEC”). On August 1, 2023 the
Colorado State Electric Board required the adoption of the 2023 NEC edition. Pursuant to CRS §12-115-
107(2)(a), municipalities must adhere to the minimum standards of the adopted code. The adoption
section of the Avon Munciipal Code will be modified to automatically adopt the most recent copy of the NEC
that the State adopts, therefore future updates will be not be necessary and Avon will be in line with the
most recent NEC.
SINGLE STAIRWELL DESIGN: Colorado HB25-1273 requires municipalities over 100,000 residents to
amend building codes by the end of 2027 to allow multifamily buildings with single stairway designs under
certain conditions. Although HB-25-1273 mandates compliance for jurisdictions over 100,000, it does not
prohibit smaller municipalities from adopting the same or similar provisions voluntarily. Avon is home rule
with ample authority to regulate building and fire codes under Article XX of the Colorado Constitution. The
bill aims to offer designers/builders with more flexibility in building design, and ultimately cost savings for
more affordable housing construction alternatives. Adding a second stairway to an apartment building can
increase building costs by 6 to 13 percent.
While Avon has below 100,000 residents, there is local interest in adding the ability to design with a single
stairway in certain circumstances to lower building costs. The bill requires coordination with local fire
districts. Staff have coordinated, and plans to continue coordinating with the ERFPD staff. The
Chairperson of Avon PZC has advanced the topic at the local level.
RECOMMENDATION: I recommend Council authorize Staff to proceed with updates to Title 7 and Title 15
of the AMC.
RECOMMENDED MOTION: “I move to authorize the processing of Title 7 and Title 15 Municipal Code
amendments.”
Thank you, Matt
970.748.4413 matt@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Community Development Director
RE: CONTINUED QUASI-JUDITIONAL PUBLIC HEARING
Village (at Avon) PUD Amendment | File PUD23002
Vested Property Rights Extension | File VPR23001 DATE: February 18, 2026
SUMMARY: This report provides supplement information and updates to the Avon Town Council
(“Council”) for the continued public hearing for the Village (at Avon) Planned Unit Development (“PUD”)
Amendment application and Vested Property Rights Extension application. This will be the third public
hearing with the Council and fifth public hearing when including the Planning and Zoning Commission
(“PZC”) reviews. Significant changes to the applications have occurred since the most recent hearing on
January 27, 2026. This report summarizes changes and supplements several attachments.
REVIEW PROCESS: The review process has included two separate mailed notices to property owners
within 300’ of the Village (at Avon) PUD. Public hearings have included:
• November 10, 2025 PZC. Public hearing, deliberation, continuance.
• December 8, 2025 PZC Public hearing, deliberation, recommendation for conditional approval.
• January 13, 2026 Council Public hearing on first reading, continuance.
• January 27, 2026 Council Public hearing on first reading, deliberation, continuance of first reading.
• February 24, 2026 Council Public hearing on first reading, deliberation, and potential action on first
reading with Public Hearing date set.
Approval for first reading of Ordinance 26-02 is not an approval of these applications. Final action and
approval occurs at second and final reading. If Council approves the attached ordinance on first reading
then a final public hearing and second reading of Ordinance 26-02 would be scheduled for March 10, 2026.
Council is reminded that any findings (whether in support of approval or denial or as the basis of conditions)
must be related to one or more review criteria. Council is required to find each amendment meets all of the
review criteria as a basis for approval of each amendment. For convenience I have carried forward the
applicable review criteria into this report. Analysis of the mandatory review criteria and options for
conditional action can be found in previous reports. Based on Council’s deliberations on February 24,
2026, I will return with a second reading of the Ordinance and draft Record of Decision and Findings of fact.
With Traer Creek’s consent, the Council may continue the application for an additional thirty (30) days.
UPDATES: The January 27, 2026 hearing included a detailed review and response to eighteen (18)
defined application components. Mauriello Planning Group’s updated narrative (“Attachment A”) and PUD
documents walk through updates to the applications. If Council is interested in reviewing a redline
strikethrough of PUD Guide changes since the last meeting, go HERE. The following chart tracks the list of
amendments and corresponding updates:
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 2 of 8
# PUD Amendment Topic PUD Guide
COLOR KEY: NO CHANGE MODIFIED WITHDRAWN
1 Community Housing Plan I.15
Update: CH-1 modified, but overall housing supplemental regulations remain the same.
2 CH1 (PA-F/PA-E to CH1 - Use, Density, Height) D.13
Update: CH-1 max density decreased - 36 DU to 24 DU. Max height decreased - 48' to 35'
3 CH2 (PF1 to CH2 - Use, Density, Height) D.13
Update: No changes.
4 Development Bonus Language Integration D(f)
Update: PZC and TC required review is further reinforced.
5 Short Term Rental PA-A, C, D and J Exhibit I
Update: PA-A no limitation on STR; PA-C,PA-D, and PA-J with 15% cap on unlimited licenses.
6 Engineered Grade for areas within 250' of southern boundary Exhibit I
Update: Exhibit updated to only show 250' area.
7 PA-A, F, G and H: Delete commercial floor area min/max B.6
Update: Withdrawn.
8 PA-A: Building Height (55' to 60' w/i 250') D.2
Update: SRU process removed and height increased to 60' by right. Aligns with PZC recc..
9 PA-A: Residential Building Height (80'-110' outside 250' via SRU) D.2
Update: Withdrawn.
10 PA-C: Building Height (48' to 60' and up to 74', 6 stories via SRU) D.4
Update: Withdrawn.
11 PA-C: Density (18 DUs/acre to 40) D.4
Update: Withdrawn
12 PA-D: Building Height Increase (48' to 60' w/i 250', 5 story limit) D.4
Update: Withdrawn.
13 PA-D: Building Height (48' to 60' and up to 74', 6 stories via/ SRU) D.4
Update: Withdrawn.
14 PA-D: Density (18 DUs/acre to 40) D.4
Update: Withdrawn.
15 PA-J: Setbacks (reduce front setback from 20' to 10') D.7
Update: Clarification added to only apply to Block 1 and Block 2 of Landing subdivision,.
16 PA-J: Building Height (48' to 60', max 5 stories). D.7
Update: No change. Residential and Mixed-use max height at 60' and max five stories.
17 RMF-1 & PA-K: 280 units on cul-du-sac D.8(e)
Update: Withdrawn.
18 Extend Vested Property Rights for 20 years on portion of PA-J, RMF-1 & PA-K N/A
Update: 20 year extension with condition that water tank serving East Avon Preserve is
funded by end of current vesting term (Oct 2039).
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 3 of 8
The following information is intended to expand upon the changes highlighted in the above table.
COMMUNITY HOUSING 1 (CH-1) BUILDING HEIGHT/DENSITY: Avon Staff proposes to lower the
building height across the entire site to 35’ and lower the number of potential units to 24 maximum in
response to input from nearby neighbors. This includes portions of Lot 8 where 48’ building height is
currently permitted. The proposed change would effectively reduce the existing building height on Lot 8.
No conceptual designs have been conducted to understand the actual development potential of this site.
Staff continues to reinforce that this will become a “for-sale” condominium project. If CH-1 and the PUD
Amendment is approved as currently drafted, Staff would propose a schedule for conceptual designs which
would be reviewed by Avon PZC, Council, the Village DRB and which could incorporate neighborhood
design charettes before finalizing any development application.
COMMUNITY HOUSING 2 (CH-2) BUILDING HEIGHT/DENSITY: Avon Staff have worked through the
first two design review steps with the Village Design Review Board. Comments included a design for more
building articulation and improved roof design. The 60’ building height is requested to allow room for roof
designs that increase building height over a flat roof in order to provide more articulation. Council members
asked meeting if neighbors across the railroad tracks from the development site were publicly notified.
Properties within 300 feet on Riversie Road, Riverside Court, and Nottingham Ranch Road were notified.
Viewsheds have also been analyzed at a conceptual level as can be seen below.
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 4 of 8
SHORT-TERM RENTALS: The Short Term Rental (“STR”) component of the application was
recommended by Avon Staff to clarify whether this use is allowed. The Village (at Avon) PUD did not
address STRs to either expressly permit or prohibit STRs. Based upon feedback received from the public,
and Councilors at the January 17, 2026 meeting, the PUD Guide has been updated to permit unlimited
STR licenses in PA-A, with limited STR licenses in PA-C, PA-D, and PA-J. This would implement the two
tier system of regulating STR that was originally adopted in 22-09. The limited short term rental
designation (i.e. outside Town Core but within the Short-Term Rental Overlay) limits the number of
“unrestricted” STRs to 15% of the number of residential units on a property. The remaining 85% can still
apply for an STR-Limited license which allows up to 42 days per year for short-term rentals.
RMF-1/PA-K CUL-DU-SAC MAXIMUM DENSITY: This amendment was withdrawn and the (existing)
current PUD language permitting 280 residential units would be permitted with a single cul-de-sac. This
would only change if Council adopts Appendix D of the International Fire Code (“IFC”) separately from this
PUD Amendment.
VESTED RIGHTS: The proposed extension of vested property rights for RMF-1 and PA-K would extend the
full scope of vested property rights as currently set forth in the Village (at Avon) Planned Unit Development
guide. The twenty (20) year extension request is proposed to be conditioned on the funding of water tank
infrastructure that will serve East Avon preserve within eight years., in addition to portions of PA-K that are
not currently served by existing infrastructure. Avon is cooperating with Traer Creek and the Upper Eagle
Regional Water Authority to design a water system and additional water storage to serve future
development on the upper portion of Planning Area J, Planning Area K and RMF-1.
Conceptual Buildout Map of PA-K/RMF-1
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 5 of 8
FINANCIAL OVERVIEW: Chief Financial Officer Paul Redmond has updated his supplemental report
since the last meeting. Additional details have been provided to clarify Use Feeds for Community Housing,
Real Estate Transfer Fees, Short Term Rental Fees, and the add on Retail Sales Fees in the Village (at
Avon). This report is attached (“Attachment D”) and provides further context with additional revenue
services as they relate to the Town providing services to areas within the Village (at Avon).
SHORT TERM RENTAL FEES: During the course of the January 27, 2026 public hearing, attorney for the
Village (at Avon) Munsey Ayers responded to questions about the flow of short term rental fees. A written
memo has been provided since the last hearing to further supplement and clarify how these fees work. See
Attachment E to this report for further explanation of STR fees.
MASTER PLAN MAP: The 250’ line from the southern boundary of the PUD was discussed as it related to
various amendments. It was requested to have the 250’ line represented on the PUD Master Plan Map.
This was noted, and will be incorporated into the complete package at second reading of the Ordinance.
ENGINEERED GRADE: The exhibit has been updated since the last meeting to only show areas within
250’ of the railroad tracks – southern boundary. This will be helpful in determining final building height for
projects in close proximity of the railroad tracks moving forward. During the January 27, 2026 hearing a
broader image was shown that included two green shaded areas. Those grade areas were signifying
rough locations of “master plan” level detention basins. The size and location of those areas may be
modified based upon stormwater detention designs in future and will not effect building height calculations.
Image from January 27, 2026 Presentation
SUBDIVISION PROCESS: This PUD Amendment change to designate administrative review of future
subdivisions was not previously discussed. This amendment is part of the original application. Section G
of the PUD Guide includes Administrative Subdivision areas in the Village (at Avon), generally including
areas of the valley floor and Planning Areas A through F, and PA-J on the north side of the interstate.
Planning Areas K and RMF-1 are proposed to be added to the Administrative Subdivision areas, which
require Final Plat approval after review of applicable review criteria, including substantial compliance with
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 6 of 8
all sections of the Development Code. Review of subdivision applications is primarily a technical review of
compliance with well defined subdivision regulations and development standards and has worked well for
the valley floor portion of the Village (at Avon) PUD development.
REVIEW CRITERIA: My January 13, 2026 Packet Materials document the applicable review criteria for
the PUD Amendment and Vested Property Rights separately. Each application has distinct criteria that
must be considered during your deliberations. I intend to formulate draft findings of fact after hearing
further Council sentiment on the various proposed amendments, and updates since the last meeting.
Below are the PUD Amendment and Vested Property Rights Extension criteria required by the Avon
Municipal Code for quick reference when reviewing the revised submittal:
PUD Amendment Criteria (Avon Municipal Code Section 7.16.060(e)(4))
(i) The PUD addresses a unique situation, confers a substantial benefit to the
Town and/or incorporates creative site design such that it achieves the purposes
of this Development Code and represents an improvement in quality over what
could have been accomplished through strict application of the otherwise
applicable district or development standards. Such improvements in quality may
include, but are not limited to: improvements in open space provision and
access; environmental protection; tree/ vegetation preservation; efficient
provision of streets, roads and other utilities and services; or increased choice of
living and housing environments;
(ii) The PUD rezoning will promote the public health, safety and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan*, the
purposes of this Development Code and the eligibility criteria outlined in
Subsection 7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric,
police and fire protection and sewage and waste disposal, as applicable) will be
available to serve the subject property while maintaining adequate levels of
service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon the natural environment, including air, water,
noise, storm water management, wildlife and vegetation, or such impacts will be
substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject
tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or
potential future uses on other properties in the vicinity of the subject tract.
*Due to the timing of original Annexation, and previously negotiated extensions to entitlement
documents, the applicable Comprehensive Plan for the Village at Avon is the 1996 version. The PUD
Guide defines Comprehensive Plan as the one in effect as of the date the Town approved the original
PUD, which was 1998.
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 7 of 8
Vested Property Rights Extension (Avon Municipal Code Section 7.16.140(e)(2):
(i) The size and phasing of the development, specifically, but not limited to,
whether the development can be reasonably completed within the vested rights
period;
(ii) Economic cycles and specifically but not limited to resort community economic
cycles, regional and state economic cycles and national economic cycles;
(iii) Market conditions and specifically but not limited to absorption rates for leasing
and sales of similar development projects;
(iv) Compliance with the Avon Comprehensive Plan and other community planning
documents;
(v) Proposed public amenities and benefits that enhance the project and the overall
attractiveness of the Avon community, including the degree to which such
public amenities and benefits are defined in terms of design, timeframe and
phasing with development;
(vi) Projected public financial benefits or costs estimated to be caused by the
development project, including the timeframe for realization by the Town or
other public entities and potential costs for operation and maintenance of any
new public amenities or infrastructure dedicated to the Town or other public
entities;
(vii) The breadth and scope of the requested vested property right, including but not
limited to the extent to which such vested property right restricts the Town's
ability to apply future legislatively adopted fees and regulations for the purpose
of providing public infrastructure, public services and public facilities and for
the purpose of meeting evolving community needs;
(viii) The terms of any existing site specific development plans with development
agreements for the applicant's property that specify the duration of vested
property rights;
(ix) Any proposed modifications to previously approved vested property rights to
address changed conditions within the Avon community, compliance with the
Comprehensive Plan and other community planning documents or performance
of previously approved site specific development plans; and
(X) Any other factors deemed relevant by the Council when determining to grant a
vested property right for a period greater than three (3) years.
CONTINUED: First Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension February 19, 2026 Page 8 of 8
OPTIONS: Council has the following options:
• Continue 1st Reading of Ordinance 26-02 to future meeting, if Traer Creek Consents to longer
process.
• Approve 1st Reading of Ordinance 26-02 as Drafted
• Approve 1st Reading of Ordinance 26-02
• Direct Staff to prepare Record of Decision for denial.
Section 7.16.020(e) of the Avon Development Code caps the amount of time for continuance. “Town
Council may continue a public hearing on its own initiative for a maximum of sixty-five (65) days after the
date of the initial public hearing without the consent of the applicant. The PZC or Council may continue a
public hearing for a maximum of ninety-five (95) days with the consent of the applicant.” This permits
continuance April 14th with Traer Creek consent.
Thank you, Matt
ATTACHMENT A: Narrative- Feb 2026 [updated since last meeting]
ATTACHMENT B: Ordinance 26-02
Exhibit A – Council Findings of Fact and Record of Decision [placeholder]
Exhibit B – Third Amended and Restated PUD Guide [clean]
Exhibit C – First Amendment to Consolidated, Amended and Restated Annexation and
Development Agreement [strikethrough changes from January to February]
ATTACHMENT C: Third Amended and Restated PUD Guide [strikethrough with cumulative changes
from current, 2018 Seconded Amended and Restated PUD Guide]
ATTACHMENT D: Supplemental Financial Overview Report from Paul Redmond [updated since last
meeting]
ATTACHMENT E: Supplemental Memo from Munsey Ayers [requested by Council]
ATTACHMENT F: Written Public Comments [complete from entire process]
PUD Amendment & Vesting Extension
V ILLAGE (AT A VON)
October 2025
Rev. Feb 2026
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 24
ATTACHMENT A
OVERVIEW OF REVISIONS
On December 8, 2025, the Avon Planning and Zoning Commission unanimously recommended
approval of then proposed PUD Amendments and Vesting Extension, with just two conditions:
1.The requested height modification for PAA to go from 55 ft. to 60 ft. / 5 stories within 250
ft. of the southern boundary of the PUD be allowed as a use by right instead of a special
review use.
2.The requested height modification for PAC/PAD to go from 48 ft. to 60 ft. within 250 ft. of
the southern boundary of the PUD be allowed as a special review use rather than a use
by right.
The Planning and Zoning Commission recommended approval of all other amendments and
vesting as presented, which was consistent with the Town Staff’s recommendation of approval.
Contrary to the recommendations of Town Staff and Planning and Zoning Commission
described above, Town Council provided alternative feedback. The applicant and Town Staff
are providing this revised proposal to address the comments and questions from Town Council,
including removing significant portions of the proposed amendments. The joint applicants
believe the most important elements of the proposal are maintained in the best interests of the
community and the advancement of the PUD, including significant opportunities for incremental
community housing, increased tax revenues, and a reasonable timeframe to work with third
parties to trigger the construction of water storage infrastructure that can serve the future East
Avon Preserve and other residential development in the limited mountainside area seeking
extended vesting.
These proposal has been revised as follows:
•Community Housing Standards: No changes. housing units for CH1. Traer Creek
remains committed to dedicating the land to the Town of Avon for community housing.
•CH2: No changes.
•Development Bonus: No changes.
•Short Term Rental: The PUD Guide has been revised to allow unlimited STR on PAA, with
limited STR on PAC, PAD, PAJ. Additional information on the STR tax implications has been
provided separately.
•Engineered Grade: Additional clarification has been provided, along with a simplified
exhibit showing only the areas where this information is necessary based on the PUD
Guide’s height measurement.
•Commercial Minimums and Maximums: This amendment has been eliminated from the
application.
•PAC/PAD Height and Density: This amendment has been eliminated from the application.
The applicant is no longer requesting amendments to PAC/PAD for height and density.
•PAA Height : The applicant is now only proposing the the modification to allow for an
increase in height from 55 ft. to 60 ft. as a use by right within 250 ft. of the southern
boundary of the PUD.
Page of 3 24
ATTACHMENT A
•PAJ Height and Setbacks : The
applicant is requesting the 60 ft. / 5
stories within PAJ. The applicant is
requesting the minimum 10 ft. building
setback to apply to Blocks 1 and 2.
•Clarification on 280 Units on a Cul-
de-sac: This amendment has been
eliminated from the application.
•Vested Rights: The applicant has
worked with staff to determine an
appropriate trigger tied to water
infrastructure improvements that align
with the Town’s desire for the
development of community housing on
the East Avon Preserve. Generally,
the proposal is:
‣Traer Creek must fund its
proportionate share of the water
tank infrastructure on or before October 20, 2039. If Traer Creek meets this condition
precedent, then the Mountainside Vesting Term will automatically extend to October 20,
2059.
Page of 4 24
B2
PAJ
B1 B3
ATTACHMENT A
SUMMARY OF A MENDMENTS
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.
PUD Amendment Item Description
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. Allow 24 community housing units with
a building height of 35’. Modified setbacks to allow flexibility. Domestic
water service to DUs from water bank, will count towards total PUD
requirement for Community Housing.
Public Facility-1 (Lot 5)
Rezone this parcel to CH-2. Permit 40 community housing units,
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.
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
planning areas that are allowed residential uses.
Planning Area J Front setback change from 20’ to 10’ for Blocks 1 and 2, building height
of 60’ and 5 stories for residential uses.
Short Term Rental
Added as use by right in certain planning areas, with unlimited STR in
PAA, limited STR in PAC, PAD, PAJ. Includes corresponding Town
parking requirements.
Planning Area A Within 250’ of the southern boundary line, building height increase from
55’ to 60’.
Vested Rights Extension of vested rights for PAK, RMF1, Block 3-PAJ (all north of I-70)
with additional water infrastructure trigger.
Development Bonus Added to the PUD Guide consistent with the Avon Town Code.
Page of 5 24
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 application was reviewed by the TOA Planning and Zoning Commission on
November 10 and December 8, 2025. The Planning and Zoning Commission recommended
approval of the proposal, with only two minor conditions. Subsequently, the Town Council
reviewed the proposal at two meetings. This revised application is in response to the comments
and concerns raised by the Town Council.
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 and 825,000 sq. ft. of commercial space. The PUD provides a
Community Housing Plan, which
outlines the triggers for the provision
of Community Housing based on the
completion of various levels of
development. These units count
towards the total 2,400 allowable
dwelling units. To-date, 244
community housing units have been
constructed, with a total of 500
community housing units required at
build-out. For reference, the
construction of community housing
is on-pace, if not ahead, of the pace
of construction of all uses within the
Village (at Avon).
The proposed PUD amendments include a joint effort between the TOA and TC to facilitate the
construction of additional community housing. The land dedication for CH1, along with the
rezoning of PF1 to CH2, facilitates the development of 64 community housing units. To address
the concerns of neighbors living on Eagle Bend Drive and comments by the Town Council
regarding height and density of CH1, Town Staff, in order to preserve the opportunity to increase
the community housing stock, is now requesting the amendment to CH1 be reduced from 48 ft.
(as previously requested and as currently allowed on Lot 8) to 35 ft. and reduced density from
the 36 to 24 community housing units. Town Staff, with Traer Creek’s encouragement, is in
preliminary discussion with Habitat for Humanity Vail Valley to explore affordable
homeownership opportunities in this location
The proposed PUD amendments are described in the table summary above and again here:
•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 24
community housing units allowed. An reduction in the allowable height from 48 ft. to 35 ft. is
Page of 6 24
ATTACHMENT A
proposed for community housing. These 24 units are counted towards the total 2,400
density allowance and will count toward the PUD’s Community Housing obligation.
•Public Facility 1 - PF1 (Lot 5) - PF1 is proposed to be rezoned to CH-2 and restricted to 40
community housing units. These 40 units are counted towards the total 2,400 density
allowance and will count toward the Community Housing obligation. Allows for a height
increase from 35 ft. to 60 ft. and 4-stories 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 Planning Area A, allow for a maximum building height of 60 ft. (currently allows for 55 ft.)
for areas within 250 ft. from southerly boundary line.
•In Planning Area J, modify front setback requirement from 20 ft. to 10 ft. for Blocks 1 and 2,
and modify height to 60 ft. and 5 stories for residential uses and vertically-integrated mixed
use projects.
•Added short-term rental as a use-by-right with unlimited STR in PAA, and limited STR in
PAC, PAD, and PAJ.
•Provided clarification on existing and engineered grade to create an objective datum as for
height measurements within PAA and PAD as shown below:
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 Village (at Avon) PUD is currently vested for 13 more years to 2039. We are requesting
a limited extension of mountain-side vesting for PAK, RMF1, and Block 3 of Planning Area J.
In response to the Town’s Council comments on the need for water infrastructure
improvements to facilitate the desire to construct community housing on the Avon Preserve,
Page of 7 24
PAA: Engineered grade within 250 ft. of PUD boundary
PAD: Engineered grade within 250 ft. of PUD boundary
ATTACHMENT A
the original request has been modified to provide infrastructure triggers on the vesting
extension. The proposal has been modified as follows:
‣Traer Creek must fund its proportionate share of the water tank infrastructure on or
before October 20, 2039. If Traer Creek meets this condition precedent, then the
Mountainside Vesting Term will automatically extend to October 20, 2059.
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.
The following map is intended to provide a simplified overall summary of the proposed
amendments and vesting requests for all Planning Areas within the Village (at Avon) PUD:
Page of 8 24
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, Walmart 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, 368,573 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 Walmart 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 Walmart
relocation, Traer Creek filled the former
Walmart building by completing complex
leases with Sports Authority, Office Depot and
Pier 1 and then later with Sun and Ski,
Page of 9 24
Walmart in Avon
ATTACHMENT A
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.
•The Plaza building, Walmart 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.
Page of 10 24
I-70 Interchange at Exit 168
ATTACHMENT A
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.
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 Walmart 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.
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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
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
RMF-2.
•The Ambulance District facility, the Fire
Protection District Fire Station in 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 Walmart Supercenter and Home Depot with Tract E park between them in 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.
•Marriott’s SpringHill Suites and TownePlace
Suites hotels with a total of 243 rooms in PAJ.
•Maverik gas station in PAJ.
•The Bosk apartments construction is now
underway and will deliver 242 market rate
rental units in PAF.
•The Vail Valley Foundation is currently
constructing the Lettuce Patch Early Learning
Center on PAE, which was provided by Traer
Creek to the Town with the obligation that the
Town lease the land at no cost for
educational purposes.
•The proposed Kensington project on PAA
includes an additional approximately 34,000
sq.ft. of commercials uses and 110 dwelling units on PAA. (These uses are not yet tracked
in the following table as they are not currently under construction.)
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 12 24
The Piedmont at the Village (at Avon) includes 240
rental units.
The Maverick Gas Station
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. (For reference, the Kensington development will bring
the total commercial space to just over 400,000 sq. ft.)
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 13 24
ATTACHMENT A
•Final Certificates of Occupancy for are issued for 1,881 dwelling units (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 14 24
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.
This furthers the goals of encouraging density on the valley floor and within established
areas. The proposed additional height allowance for PAA and PAJ 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 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.
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.
Page of 15 24
ATTACHMENT A
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.
‣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.
Page of 16 24
ATTACHMENT A
‣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.
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:
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.
Page of 17 24
ATTACHMENT A
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 and J.
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
Density
Proposed
Height Allowed
(current)
Height Proposed
PAA 25 dwelling
units per acre
No change 55’ within 250’60’ and 5 stories within 250’ of
south boundary
PAJ No change No change Single-family and duplex: 35 ft.
Multiple-family: 48 ft.
Mixed Use: 48 ft.
Hotel: 55 ft.
Residential and Vertically-
Integrated Mixed Use: 60 ft. with
maximum of 5 stories
Page of 18 24
Springhill Suites - 54’1 Waterfront Way - 57.75’
Front Gate - 60’The Ascent - 74’
ATTACHMENT A
These examples show that the additional height of 60 ft. / 5 stories in PAA and PAJ is
similar to many recent projects throughout town and are done in a manner that create an
interest and variety throughout. The heights of 1 Waterfront Way and Front Gate are
most similar to that proposed for PAA and PAJ. 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 following map shows the approximate 250 ft. from the southern boundary of the
PUD. It is shown for PAA, PAC, and PAD, though there are no longer any changes
proposed for PAC and PAD.
Allowing minimal additional building height in PAA and PAJ 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. 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:
Page of 19 24
Yellow line shows the
approximation of 250’ from
southern boundary
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 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.
The proposed application complies with this criterion.
Page of 20 24
ATTACHMENT A
GUIDELINES FOR VESTING EXTENSION
The vesting extension request is limited to the mountain-side of the Village (at Avon) PUD -
specifically to Tract K, RMF1, and Block 3 of PAJ. Following the Town Council meeting on
January 27, 2026, the applicant and Town Staff worked to address the concerns about triggers
for mountainside vesting based on timing for water infrastructure improvements that would also
serve the East Avon Preserve, where the Town would like to construct community housing. The
vesting request has been modified as follows:
‣Traer Creek must fund its proportionate share of the water tank infrastructure on or
before October 20, 2039. If Traer Creek meets this condition precedent, then the
Mountainside Vesting Term will automatically extend to October 20, 2059.
Page of 21 24
East Avon Preserve
ATTACHMENT A
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 low-density 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 and timing is generally out of the control of Traer
Creek. The development of this area is likely 25 years out before it can be developed
and absorbed into the marketplace. Traer Creek supports the Town’s desire to develop
community housing on the East Avon Preserve property and recognizes the site is
challenged by the lack of shared water infrastructure to serve the property. TC and Town
Staff felt that it was appropriate to create a simple structure for the extension of
mountain-side vesting that aligns with the goals of the community. The proposed vesting
extension now includes a trigger for additional vesting:
‣Traer Creek must fund its proportionate share of the water tank infrastructure on or
before October 20, 2039. If Traer meets this condition precedent, then the
Mountainside Vesting Term will automatically extend to October 20, 2059.
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
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.
Page of 22 24
ATTACHMENT A
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
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:
Page of 23 24
ATTACHMENT A
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 24 24
ATTACHMENT A
FIRST READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
February 24, 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,
January 27, 2026, February 24, 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
February 24, 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. [placeholder]
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 conditionally 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
February 24, 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 February 24, 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
EXHIBIT A TO ORDINANCE 26-02
Intentionally blank
To be inserted at 2nd Reading of Ordinance 26-02
2985509.12
The Village
(at Avon)
Third Amended and Restated
PUD Guide
_____________, 2026
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.
EXHIBIT B to ORDINANCE 26-02
TABLE OF CONTENTS
Page
i
2985509.12
A. PURPOSE/GENERAL PROVISIONS .............................................................................. 1
1. Defined Terms ....................................................................................................... 1
2. Purpose ................................................................................................................... 1
3. Vested Property Rights .......................................................................................... 2
4. General Provisions ................................................................................................. 2
5. Applicability of Other Regulations ........................................................................ 5
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 .................... 18
5. Planning Area E – School .................................................................................... 21
6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects ....... 22
7. Planning Area J – Regional/Neighborhood Commercial and Residential
Mixed Use Projects .............................................................................................. 28
8. Planning Area K - Hillside Residential ................................................................ 31
9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ......................... 33
10. Planning Areas P1-P3: Parkland ......................................................................... 36
11. Planning Areas OS1 – OS7: Natural Open Space .............................................. 38
12. Planning Areas PF-2 and PF-3: Public Facility ................................................. 39
13. Planning Areas CH-1 and CH-2 – Community Housing ..................................... 41
E. SPECIAL REVIEW USE ................................................................................................ 43
1. Special Review Use Permit .................................................................................. 43
2. Application Filing and Processing ....................................................................... 43
3. Submittal Requirements for Special Review Use ................................................ 44
4. Criteria for Review, Recommendation, and Approval of Special Review
Uses ...................................................................................................................... 44
EXHIBIT B to ORDINANCE 26-02
TABLE OF CONTENTS
(continued)
Page
ii
2985509.12
5. Amendments to Special Review Use Permit ....................................................... 45
F. TEMPORARY USES AND STRUCTURES .................................................................. 45
G. SUBDIVISION ................................................................................................................ 45
1. General; Applicability .......................................................................................... 45
2. Application Submittal Items ................................................................................ 46
3. Procedure ............................................................................................................. 47
4. Criteria for Review and Approval........................................................................ 47
5. Material Modification to Certain Street Connections .......................................... 48
H. DEVELOPMENT PLAN AMENDMENT PROCEDURES .......................................... 49
1. General ................................................................................................................. 49
2. Formal Amendments ............................................................................................ 49
3. Administrative Amendments ............................................................................... 49
4. Modifications Not Requiring Amendment .......................................................... 52
I. SUPPLEMENTAL REGULATIONS ............................................................................. 53
1. Interim Uses ......................................................................................................... 53
2. Solid Fuel Burning Devices ................................................................................. 54
3. Signs ..................................................................................................................... 54
4. Parking Requirements .......................................................................................... 54
5. Surface Parking Landscaping Requirements ....................................................... 54
6. Drainage Requirements ........................................................................................ 54
7. Sidewalk and Trail Standards .............................................................................. 55
8. Alternative Equivalent Compliance and Variances ............................................. 55
9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge
Requirements ....................................................................................................... 55
10. Wildlife Mitigation Plan ...................................................................................... 57
11. Design Review Guidelines ................................................................................... 57
12. Natural Resource Protection ................................................................................ 58
13. Residential Fire Suppression Systems ................................................................. 58
14. Park, Recreation and Trail Access ....................................................................... 58
15. Community Housing Plan .................................................................................... 58
16. Provision of Certain Amenities ............................................................................ 61
EXHIBIT B to ORDINANCE 26-02
TABLE OF CONTENTS
(continued)
Page
iii
2985509.12
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 Section 7.16.070 of Development Code ............................................................ H-1
EXHIBIT I Definitions............................................................................................................ I-1
EXHIBIT B to ORDINANCE 26-02
2985509.12
The Village
(at Avon)
Third Amended and Restated
PUD Guide
_____________, 2026
A. PURPOSE/GENERAL PROVISIONS.
1. Defined Terms. Capitalized words and phrases used in this PUD Guide have the
meanings set forth in Exhibit I of this PUD Guide. Words and phrases which are not defined in
Exhibit I 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 I 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 I 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 I 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 Landowner, in its sole discretion, may, from time
to time, consider amendment of this PUD Guide to incorporate such amended definitions herein,
which amendment(s), if any, shall be processed in accordance with the administrative amendment
procedure set forth in Section H.3.
2. Purpose.
(a) The Village (at Avon) PUD encompasses the Property, which is a large
parcel of land under unified development control of the Master Landowner (together with
and on behalf of the Affiliated Landowners) as of the Effective Date. This PUD Guide
(including each Exhibit attached hereto) shall control the zoning, Uses, Development
Standards, development application review procedures for the Property to the extent set
forth in this PUD Guide, pursuant to Section 7.16.060 Planned Unit Development
(PUD) of the Development Code, adopted pursuant to 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 purpose of this PUD Guide is to amend and restate in its entirety the
Original PUD Guide to implement certain modifications thereto concerning, among other
matters, Planning Areas 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
EXHIBIT B to ORDINANCE 26-02
2
2985509.12
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 Original PUD Guide and any additional or conflicting
provisions of the Municipal Code with respect to the subject matter contained herein.
3. Vested Property Rights. The Development Plan and any 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” (inclusive 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 October 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 Landowner 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
EXHIBIT B to ORDINANCE 26-02
3
2985509.12
such Building, Structure, Site or parcel of land is located, and for no other purposes
or Uses.
(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 Landowner ’s option, one or
more separate design review boards may be established with respect to such Planning Areas
RMF-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.
EXHIBIT B to ORDINANCE 26-02
4
2985509.12
(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
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
EXHIBIT B to ORDINANCE 26-02
5
2985509.12
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 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 Landowner ’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
Landowner, Affiliated Landowners nor any Landowner waive their right to oppose the
enactment or amendment of any such regulations.
(b) Modifications and Exceptions. As set forth in Sections F through I of this
PUD Guide, certain provisions of the Municipal Code either are superseded in their entirety
by this PUD Guide or apply within The Village (at Avon) but are subject to the
modifications set forth in such sections. Additionally, the provisions of the Municipal Code
which are set forth in Exhibit G of this PUD Guide are, without limiting any other present
EXHIBIT B to ORDINANCE 26-02
6
2985509.12
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, diminishing,
imposing a moratorium on development, delaying or otherwise adversely affecting Master
Landowner’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
Landowner’s, Affiliated Landowners’ or other Landowners’ Vested Property Rights set forth in
the Development Plan. Provisions of the Design Review Guidelines which are more restrictive
than either the Development Plan or the Municipal Code shall prevail in any instance where there
is a conflict.
B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon)
PUD shall not exceed:
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 Community Housing
Plan, 500 of the 2,400 Dwelling Units shall be constructed as Community
Housing Units, and, subject to satisfaction of the conditions precedent set
forth in the Community Housing Plan, an additional 23 of the 2,400
Dwelling Units shall be constructed as Community Housing Units.
2. The permitted Commercial Use and Dwelling Unit densities within Planning Area I
shall be determined in the future pursuant to the formal amendment procedures set forth in
Section H of this PUD Guide; provided, however, the permitted Commercial Space for Planning
Area I shall not be less than 196,970 consolidated Gross Square Footage (which shall be in addition
to the 825,000 square feet of consolidated Gross Square Footage stated in Section B.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 institutional uses at densities in addition to
EXHIBIT B to ORDINANCE 26-02
7
2985509.12
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-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-out of the particular Planning Area, the following minimum and
maximum ratios of consolidated Gross Square Footage of Commercial Space and consolidated
Gross Square Footage of Residential Uses, stated as a percentage of the aggregate Gross Square
Footage the Planning Area [e.g., Gross Square Footage of Commercial Space ÷ (Gross Square
Footage of Commercial Space + consolidated Gross Square Footage of Residential Uses) =
percentage of Gross Square Footage of Commercial Space], shall apply within the following
Planning Areas:
Planning Area Residential Commercial
Min% Max% Min% Max%
Planning Area A 30% 80% 20% 70%
Planning Areas C and D 90% 100% 0% 10%
Planning Area F 70% 100% 0% 30%
Planning Areas G and H 0% 50% 50% 100%
EXHIBIT B to ORDINANCE 26-02
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2985509.12
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-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-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 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
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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 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
Footage, Religious Facilities, skating arenas, cultural and community centers and
facilities, and recreational centers and facilities.
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(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.
(v) 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
(f) Planning Area J: Regional/Neighborhood Commercial and Residential
Mixed Use Projects
(g) Planning Area K: Hillside Residential
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(h) Planning Areas RMF-1 and RMF-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-2 and PF-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 I 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.
(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
EXHIBIT B to ORDINANCE 26-02
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2985509.12
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, which requires public hearings before the
Planning and Zoning Commission and Town Council. 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).
(vii) Residential Uses.
(viii) Short Term Rental(s).
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2985509.12
(ix) 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.
(x) 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.
(xi) 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.
(xii) Dry Utilities.
(xiii) Infrastructure.
(xiv) Indoor recreation and/or entertainment facilities.
(xv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xvi) Parks and Open Space.
(xvii) 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.
(xviii) Outdoor Storage of merchandise for sale and only as an Accessory
Use to a retail Use.
(xix) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(xx) Agricultural Use (as an Interim Use only).
(xxi) Rodeo and ancillary carnival (as an Interim Use only).
(xxii) Recycling Facility (as an Interim Use only).
(xxiii) Snow storage (as an Interim Use only).
(xxiv) Mobile Home office/storage Use and community garden (as an
Interim Use only).
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2985509.12
(xxv) Driving course and accessory hospitality services related to
automobile demonstrations, promotions and sales, not to exceed 10 days in the
aggregate in a calendar year (as an Interim Use), provided that such Use exceeding
10 days in the aggregate in a calendar year shall be a Temporary Use.
(xxvi) Additional Uses which the Director determines to be similar to uses
by right.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section E below:
(i) Single retail businesses occupying more than 60,000 of consolidated
Gross Square Footage.
(ii) Educational facilities, including but not limited to, public and
private schools, universities and colleges.
(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).
(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.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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.
(c) Prohibited Uses:
(i) Animal Boarding (outdoor).
(ii) Automobile Repair Shop (Major).
(iii) Family Child Care Home.
(iv) Group Home.
(v) Industrial Uses.
(vi) Kennels (outdoor).
(vii) Mobile Homes.
(viii) Medical Marijuana Businesses.
(ix) Nude Entertainment Establishments.
(x) Outdoor Storage (except as expressly allowed as a Use by Right in
Section D.2(a)).
(xi) Recycling Processing Facility.
(xii) Service Station (except as specifically identified as a Special
Review Use in Section D.2(b)).
(xiii) Tattoo parlor, body piercing.
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) 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.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(ii) Maximum Building Height:
(1) Portions of Planning Area A located less than 250 feet from
the southerly boundary of Planning Area A: 60 feet.
(2) Portions of Planning Area A located 250 or more feet from
the southerly boundary of Planning Area A: 80 feet, provided that hotel
Uses (including without limitation, 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.
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.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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.
(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.
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2985509.12
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).
(iii) Commercial Uses that have frontage on Main Street.
(iv) Agricultural Use (as an Interim Use only).
(v) Community Facilities.
(vi) Vacation Club and Temporally Divided Dwellings.
(vii) 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).
(viii) 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.
(ix) 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.
(x) 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.
(xi) Infrastructure.
(xii) Dry Utilities.
(xiii) Indoor recreation and/or entertainment facilities.
(xiv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xv) Parks and Open Space.
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2985509.12
(xvi) Minor Home Occupations.
(xvii) Planning Area C Only:
(1) Pedestrian bridges.
(2) Hotel, Motel and Lodge.
(3) Bed and Breakfast.
(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.
(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.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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.
(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
(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.
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2985509.12
(h) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
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 (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 Center.
(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
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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.
(x) Private and public transportation and transit, including without
limitation, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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:
(i) Single retail businesses in Planning Area F occupying more than
60,000 of consolidated Gross Square Footage.
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2985509.12
(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.
(iv) Planning Areas F, G and H Only:
(1) Automobile Repair Shops (Major).
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2985509.12
(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-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
d. Abutting Interstate 70 or railroad right-of-way:
20 feet
e. A Building having a Building Height exceeding
48 feet on Planning Area F only: (i) abutting existing Post
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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-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 in Planning Area I only: 80 feet.
c. All other Commercial Uses: 48 feet.
(2) Industrial Uses: 48 feet.
(3) Residential Uses:
a. Single-family Dwellings and Duplex Dwellings:
35 feet.
b. Multi-family Dwellings on Planning Areas G, H
and I: 48 feet.
c. Multi-family Dwellings on Planning Area F only:
58 feet, and not to exceed four Stories.
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(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: 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-sac that is in excess of 1,000 feet shall not service
Commercial Uses. With respect to any cul-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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2985509.12
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).
(iii) Commercial Uses.
(iv) 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.
(v) Automobile Repair Shops (Minor).
(vi) Community Facilities.
(vii) Agricultural Use (as an Interim Use only).
(viii) 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.
(ix) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and
Wirel ess Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(x) Infrastructure.
(xi) Dry Utilities.
(xii) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(xiii) Recreational facilities.
(xiv) Parks and Open Space.
(xv) Additional uses which the Director determines to be similar to Uses
by right.
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2985509.12
(xvi) 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: 20 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: 20 feet (except as provided below).
b. Side: None (except as provided below).
c. Rear: 10 feet (except as provided below).
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2985509.12
(3) Notwithstanding the foregoing:
a. 10 feet is the minimum front Building Setback for
Blocks 1 and 2 of the Final Plat, Avon Landing, a Replat of Tract H,
the Village (at Avon), Filing No. 3; and
b. 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 and Vertically-integrated Mixed Use
Projects: 60 feet, and a maximum of five Stories.
(3) 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, with respect to all or any portion of any
cul-de-sac located within Planning Area J, there is no restriction on the length of such cul-
de-sac, service to Commercial Uses by the cul-de-sac or the number of Dwelling Units that
may be served by the cul-de-sac; and (ii) notwithstanding any contrary provision of
Section A.1(viii) of Exhibit F of this PUD Guide, if Road E (as conceptually illustrated in
Exhibit F of this PUD Guide) does not connect at the roundabout at Post Boulevard and
Swift Gulch Road and instead connects directly to future Swift Gulch Road (conceptual)
east of such roundabout, the street type (i.e., rural local road, urban local road, etc.) of the
portion of future Swift Gulch Road located between the roundabout and the connection
point to Road E will be determined in accordance with a traffic study produced pursuant to
the requirements of the Development Code.
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2985509.12
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.
(iv) Primary/Secondary Structure.
(v) Agricultural Use (as an Interim Use only).
(vi) 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.
(vii) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and
Wirel ess 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.
(x) Recreational facilities.
(xi) Parks and Open Space.
(xii) Religious Facilities, including without limitation, cemeteries.
(xiii) 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.
(xiv) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(xv) Additional uses which the Director determines to be similar to Uses
by Right.
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2985509.12
(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
creating the applicable Lot, provided further that, in any event, such
Building Envelope shall comply with the requirements of this Section.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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-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; provided, however, the
portion of a cul-de-sac that is in excess of 1,000 feet shall not service Commercial Uses
except those Commercial Uses specifically included in Sections D.8(a) or D.8(b). With
respect to any cul-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-sac located outside of
Planning Area K, excepting any Dwelling Units located within Planning Area RMF-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-sac located outside of Planning Area K, excepting any portion of such cul-de-sac
located within Planning Area RMF-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-home child care and Child Care Center
as an Accessory Use to a Residential Use.
(iv) Agricultural Use (as an Interim Use only).
(v) Bed and Breakfast, Vacation Club, and Temporally Divided
Dwellings.
(vi) Infrastructure.
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2985509.12
(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 Only:
(1) Assisted living facilities.
(xvi) Planning Area RMF-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.
(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 Area RMF-1 Only:
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2985509.12
(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, 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-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: 12 Dwelling Units per acre.
(ii) Planning Area RMF-1: Subject to this Section D.9(e)(ii),
6 Dwelling Units per acre; provided, however, 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; provided, further however, the portion
of a cul-de-sac that is in excess of 1,000 feet shall not service Commercial Uses
except those Commercial Uses specifically included in Sections D.9(a) or D.9(b).
With respect to any cul-de-sac portions of which are located both within and outside
of Planning Area RMF-1, (i) no Dwelling Units served by the portions of such
EXHIBIT B to ORDINANCE 26-02
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2985509.12
cul-de-sac located outside of Planning Area RMF-1, excepting any Dwelling Units
located within Planning Area K 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 RMF-1 shall be deemed separate and
distinct from, and not included with, any portion of the same cul-de-sac located
outside of Planning Area RMF-1, excepting any portion of such cul-de-sac located
within Planning Area K, for purposes of calculating the Dwelling Units counted
toward the foregoing 280 Dwelling Unit limitation.
(f) Parking Requirements: As set forth in the Parking Regulations.
(g) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section I below.
(h) Street Requirements: Subject to Section D.9(e)(ii), streets are subject to
the standards set forth in Exhibit F of this PUD Guide.
10. Planning Areas 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.
(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.
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2985509.12
(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) 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.
(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.
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2985509.12
11. Planning Areas OS1 – OS7: 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 – OS5 and OS7:
(1) Lakes, ponds, reservoirs and irrigation ditches.
(2) Park and picnic facilities and related parking.
(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.
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2985509.12
(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.
(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
12. Planning Areas PF-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).
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2985509.12
(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), and Tract F, Final Plat, The Village At Avon Filing 3 as amended
(Planning Area PF-2), in accordance with and subject to the terms and conditions
of Ordinance No. 06-16:
(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.
(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.
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2985509.12
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:
(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
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2985509.12
b. For Planning Area CH-2: 25 feet
(2) Side: None
(3) Rear: 10 feet
(ii) Maximum Building Height:
(1) Planning Area CH-1 : 35 feet
(2) Planning Area CH-2: 60 feet
(iii) Residential Density Maximum:
(1) Planning Area CH-1: Maximum of 24 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.
(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.
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2985509.12
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 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.
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(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;
(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;
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(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
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
October 7, 2011, as attached as Exhibit H to this PUD Guide, shall apply to Planning
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Areas A, B, C, D, E, F, J, K, and RMF-1 (collectively, the “Administrative Subdivision
Areas”). Notwithstanding the foregoing, if, subsequent to October 7, 2011, the Town
amends from time to time Section 7.16.070 of 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) 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;
(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
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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.
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 October 7, 2011, when evaluating an Application for Final Plat approval, as modified as
follows:
(a) 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).
(b) 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.
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(c) 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.
(d) 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.
(e) 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;
(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.
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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 Landowner.
(c) Any such amendment shall contain the statement required pursuant to
Section 7.16.140(d) of the Development Code, shall be processed and otherwise
implemented in compliance with the terms and conditions set forth in Section A.3 above,
and shall create Vested Property Rights for the duration of the term set forth in Section A.3
above. No such amendment shall divest, limit or otherwise impair any Vested Property
Right set forth in Section A.3 above.
(d) Prior to the Director or Council, as applicable, rendering a decision to reject
or deny an Application for an amendment to the Development Plan, the Director or
Council, as applicable, shall give the Applicant prior written notice of the Director’s, or
Council’s, as applicable, intent to reject or deny such Application, which notice shall
include a detailed accounting of the reasons for such intended rejection or denial and
proposed recommendation(s) for satisfactorily addressing such deficiencies, and the
Applicant shall have an opportunity within the timeframes afforded by the Development
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.
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(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 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 Landowner, 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
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concurrently with such PUD Master Plan amendment. In addition, with the consent
of the Master Landowner, 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), Section G (Subdivision), Section I.15
(Community Housing Plan), and Exhibit C (Parking Regulations) shall be
processed and approved administratively. Any amendment to this PUD Guide shall
be processed and approved administratively. If the Master Landowner, in its sole
discretion, submits an Application to the Town to amend this PUD Guide to
substitute Chapter 15.30 of the Municipal 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
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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.
(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 Landowner, 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.
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(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 Landowner 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.
(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 a
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.
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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 October 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.
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.
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(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:
(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:
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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.
(i) Pitched
(1) All pitched roofs shall be no less than a
four-to-twelve (4:12) slope.
(2) Roof materials shall be unglazed concrete tiles, slate, copper,
zinc, standing seam pre-patina metal (CorTen or equivalent) or synthetic
shakes. Solar and thermal collectors are permitted.
(3) Overhangs are required. Buildings of two (2) stories or less
shall have an overhang of no less than eighteen (18) inches, measured from
the point where the wall meets the roof. Three (3) to four (4) story
Buildings shall have an overhang of no less than twenty-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.
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(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 Landowner 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 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 Landowner 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. 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 Landowner
and/or the Design Review Board from appealing to the courts the disapproval of the Design
EXHIBIT B to ORDINANCE 26-02
58
2985509.12
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 October 7, 2011,
except as set forth in this section or expressly exempted in Exhibit G to this PUD Guide.
Notwithstanding any contrary provision of the Municipal Code, as in effect from time to time,
development within The Village (at Avon) PUD may occur on slopes of thirty percent (30%) or
greater for public improvements, other infrastructure improvements, streets, drive lanes,
driveways, utilities and similar improvements.
13. Residential Fire Suppression Systems. All single-family and multi-family
residential structures constructed in Planning Area 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.
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, to all
residents of the Town at such times and subject to such rules and regulations as the Districts shall
prescribe. Additionally, the Master Landowner shall facilitate, but shall have no obligation to
construct or install, non-motorized access through the Property to off-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 Landowner previously has provided a public trail head location in
Planning Area RMF-2, connected by a trail to United States Forest Service property located
north of Planning Area OS1, and Master Landowner ’s obligations with respect to public
trail connectivity between Planning Area RMF-2 and Planning Area OS1 have thereby been
fully satisfied prior to the Effective Date; and
(b) Master Landowner 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 and
the most southerly quarter section of Planning Area K. Master Landowner shall determine
in its sole discretion the location within the Property of such trail, sidewalk and/or road.
15. Community Housing Plan. Master Landowner will provide, or assure that others
provide, for Community Housing Units within the Property at locations determined by Master
Landowner 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
EXHIBIT B to ORDINANCE 26-02
59
2985509.12
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 August 1, 2014, the Town
amends from time to time Section 7.20.100 of 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. Master Landowner will provide for
a total of 500 Community Housing Units, or assure that the same are supplied by others, as set
forth below. The greater of the number of Community Housing Units: (x) permitted within
Planning Areas CH-1 and CH-2 pursuant to Section D.13(e)(iii) (as may be increased by a
Development Bonus pursuant to Section D.1(f)); 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 Landowner has provided 308 Community Housing Units
[24 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 = 308]. Therefore, Master Landowner ’s
obligation after the Effective Date is to provide, or assure others provide, the remaining 192
Community Housing Units [500 – 308] = 192] (“Remaining Community Housing Units”). The
Master Landowner will have an obligation to provide, or assure others provide, the Remaining
Community 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
conditions (i) and (ii) shall not include past or additional Community Housing Units and shall not
include Commercial Space or Dwelling Units located within Planning Area I.
(b) The Master Landowner will have an obligation to provide an additional 23
Community Housing Units, or assure that the same are supplied by others, as set forth
below and as follows: the Master Landowner will have the obligation to provide such
additional 23 Community Housing Units only upon the satisfaction of the conditions
precedent as set forth in this subsection. The Master Landowner will have the obligation
to provide 13 of the additional 23 Community Housing Units only upon the Town’s
issuance of final certificates of occupancy for Commercial Space within the Property in the
aggregate of 750,000 square feet of consolidated Gross Square Footage. The Master
Landowner will have the obligation to provide an additional 10 of such 23 Community
Housing Units (for a total of 23 additional Community Housing Units) only upon the
Town’s issuance of final certificates of occupancy for Commercial Space within the
Property in the aggregate of 825,000 square feet of consolidated Gross Square Footage.
(c) 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).
EXHIBIT B to ORDINANCE 26-02
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2985509.12
(d) 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 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) Community Housing Units may be for-sale or for-rent.
(i) 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.
(ii) For-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.
(f) 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 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,
EXHIBIT B to ORDINANCE 26-02
61
2985509.12
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 Landowner and the Affiliated
Landowners have fully satisfied all obligations with respect to provision of a pocket
park within Planning Area P2.
(ii) The Master Landowner 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 Landowner and/or the Affiliated 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 Landowner and/or the
Affiliated Landowners may, in their sole discretion, dedicate any or all of such additional
parkland in Planning Areas A, C and/or D, which dedicated parkland may be adjacent to
Planning 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;
EXHIBIT B to ORDINANCE 26-02
62
2985509.12
(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) Prior to the Effective Date, the Town approved a Final Plat for
Planning Area B and Traer Creek-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 Landowner 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;
(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,
EXHIBIT B to ORDINANCE 26-02
63
2985509.12
(4) Such modifications may be accomplished as part of a Final
Plat that establishes Lots or Blocks with respect to the adjacent or abutting
Planning Area(s), in the discretion of the Applicant.
EXHIBIT B to ORDINANCE 26-02
Exhibit A
Page A-1
2985509.12
EXHIBIT A
Legal Description
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 B to ORDINANCE 26-02
Exhibit A
Page A-2
2985509.12
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 B to ORDINANCE 26-02
Exhibit A
Page A-3
2985509.12
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 B to ORDINANCE 26-02
Exhibit A
Page A-4
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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 B to ORDINANCE 26-02
Exhibit B
Page B-1
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EXHIBIT B
PUD Master Plan[Follows This Page]
EXHIBIT B to ORDINANCE 26-02
Exhibit B
Page B-2
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EXHIBIT B to ORDINANCE 26-02
Exhibit C
Page C-1
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EXHIBIT C
The Village (at Avon) Parking RegulationsRelationship 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, and no such provisions of the Municipal
Code or Development Code apply to The Village (at Avon) PUD even if not otherwise addressed
in these Off Street Parking Regulations or any other part of The Village (at Avon) PUD.
Notwithstanding the foregoing, if subsequent to the Effective Date, the Town amends from time
to time the parking regulations set forth in the Municipal Code or the Development Code, the
Master Landowner, in its sole discretion, may consider amendment of this PUD Guide to
incorporate such amended provisions herein, which amendment(s), if any, shall be processed in
accordance with the administrative amendment procedure set forth in Section H.3.
B. Parking Table. All required parking shall be provided in accordance with the parking
requirements as set forth in the parking table or as otherwise allowed by these regulations.
TYPE OF LAND USE MINIMUM REQUIREMENTS
1. Residential Land Use
Per dwelling Unit:
Single-family or duplex 2 spaces / unit
3 spaces / unit for units over
2,500 sq. ft. not including garage
Multifamily building and townhouses
Studio 1 space
One bedroom 1-1/2 spaces
Per Short Term Rental 1 space
All others 2 spaces
Per accommodation unit including
lockoffs:
One bedroom 1 space
Over one bedroom 1 space plus ½ space for each
additional bedroom in excess of one
Guest parking spaces:
Multifamily and townhouses (includes Short
Term Rentals)
3 - - 5 units 2 spaces
5 - - 10 units 3 spaces
11 - - 15 units 4 spaces
16 - - 20 units 5 spaces
21 - - 25 units 6 spaces
EXHIBIT B to ORDINANCE 26-02
Exhibit C
Page C-2
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EXHIBIT B to ORDINANCE 26-02
Exhibit C
Page C-3
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EXHIBIT B to ORDINANCE 26-02
Exhibit C
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EXHIBIT B to ORDINANCE 26-02
Exhibit C
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EXHIBIT B to ORDINANCE 26-02
Exhibit C
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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 C-8
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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 B to ORDINANCE 26-02
Exhibit D
Page D-1
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EXHIBIT D
Wildlife Mitigation Plan
EXHIBIT B to ORDINANCE 26-02
Exhibit D
Page D-2
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EXHIBIT B to ORDINANCE 26-02
Exhibit D
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EXHIBIT B to ORDINANCE 26-02
Exhibit D
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EXHIBIT B to ORDINANCE 26-02
Exhibit D
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EXHIBIT B to ORDINANCE 26-02
Exhibit D
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EXHIBIT B to ORDINANCE 26-02
Exhibit D
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EXHIBIT B to ORDINANCE 26-02
Exhibit D
Page D-8
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-1
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EXHIBIT E
Minimum Design Guideline Standards
EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-2
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-8
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-9
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-10
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-11
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-12
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-13
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-14
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EXHIBIT B to ORDINANCE 26-02
Exhibit E
Page E-15
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-1
2985509.12
EXHIBIT F
Street StandardsStreet 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.
(a) Post Boulevard (constructed): this Urban Arterial Road extends south from
Swift Gulch Road (constructed) to US 6 and has an interchange with I-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.
(b) 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.
(c) Fawcett Road (constructed): this Urban Collector Road extends between
Post Boulevard (constructed) and Yoder Avenue (constructed). Curb, gutter, and sidewalk
are provided along both sides of the roadway, and along the western side only from the
Wal-Mart entry to Yoder Ave., within a 60’ – 71’ R.O.W. A center turn lane is provided.
The posted speed limit is 25 MPH.
(d) East Beaver Creek Boulevard (temporary): this Rural Local Road extends
from Avon Road to Post Boulevard (constructed). The posted speed limit of 30 MPH.
(e) 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.
(f) 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).
(g) 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
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
EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-2
2985509.12
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.
(h) 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-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-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.
(i) 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).
(j) 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).
(i) At the option of the applicant this may be designated as a one-way
street.
(k) Road C (conceptual): this Urban Local Cul-de-sac Road extends north
from the eastern roundabout of Main Street (conceptual) to the cul-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).
(l) Road D (conceptual): this Rural Local Cul-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).
(m) 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-sac. 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
or 12 for that section of the road below RMF-1, and illustration 10 for that section of road
above RMF-1).
EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-3
2985509.12
(n) Spur Roads F-N (conceptual): these Rural Local Cul-de-sac Roads extend
from Road E (conceptual) to their cul-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).
(o) Roads located within Planning Areas I, K, and RMF-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-K, above RMF-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
(i) Post Boulevard (constructed): 35 MPH
(ii) East Beaver Creek Boulevard (temporary): 35 MPH
(iii) Spur roads F – N (conceptual): 25 MPH
EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-4
2985509.12
(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
(g) Cul-de-sacs
(i) Cul-de-sacs within Planning Area C may exceed 1,000 feet in
length; provided, however, they shall not serve more than 450 Dwelling Units. The
portion of any such cul-de-sac serving 250 or more Dwelling Units shall be
constructed to Rural Collector Road, and the portion of such cul-de-sac serving less
than 250 Dwelling Units shall be constructed to Rural Local Road.
EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-5
2985509.12
(ii) Cul-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-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-nine (29) feet in height. Retaining walls
supporting naturally occurring topography (above-road retaining wall) shall not
exceed twenty-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
Town for ownership and maintenance in accordance with the terms and conditions
of the applicable Public Improvements Agreement.
6. Intent Regarding Planning Areas K and RMF-1. With respect to streets to serve
Planning Areas K and RMF-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, among other matters, assure that access
be provided to the Uses permitted on Planning Areas K and RMF-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 Landowner’s and
the Town’s intent that this Exhibit F be modified from time to time, as reasonably
EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-6
2985509.12
necessary, in order to provide for such financially feasible access, all in accordance
with the applicable procedures as set forth in this PUD Guide.
EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-7
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-8
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-20
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-21
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-23
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EXHIBIT B to ORDINANCE 26-02
Exhibit F
Page F-24
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EXHIBIT B to ORDINANCE 26-02
Exhibit G
Page G-1
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EXHIBIT G
Municipal Code Provisions
Not Applicable to The Village (at Avon) PUDDevelopment 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-Street Parking
(k) § 7.28.020(g) Computation of Parking and Loading Requirements
(l) § 7.28.020(h) Off-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)
(s) §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and
Specifications
EXHIBIT B to ORDINANCE 26-02
Exhibit G
Page G-2
2985509.12
(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-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 August 1, 2014, the impacts of The Village (at
Avon) being adequately mitigated by, among other matters, the payment of the
impact fees set forth in Section 3.8 of the Development Agreement, subject to the
provisions of Section 3.9(b) of the Development Agreement.
(f) Pursuant to Section I.15 of this PUD Guide, any affordable housing, attainable
housing and/or employee workforce housing provisions of the Municipal Code,
subject to the provisions of Section 3.9(b) of the Development Agreement.
(g) Any provision in Title 15 or elsewhere in the Municipal Code that conflicts with
the provisions of this PUD Guide regarding the maximum number of Dwelling
Units that can be constructed on a cul-de-sac.
EXHIBIT B to ORDINANCE 26-02
Exhibit H
Page H-1
2985509.12
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 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
EXHIBIT B to ORDINANCE 26-02
Exhibit H
Page H-2
2985509.12
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
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
EXHIBIT B to ORDINANCE 26-02
Exhibit H
Page H-3
2985509.12
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;
(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;
EXHIBIT B to ORDINANCE 26-02
Exhibit H
Page H-4
2985509.12
(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.
(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.
EXHIBIT B to ORDINANCE 26-02
Exhibit H
Page H-5
2985509.12
(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 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 B to ORDINANCE 26-02
Exhibit I
Page I-1
2985509.12
EXHIBIT I
DefinitionsThe definitions of words and phrases set forth in this Exhibit I expressly supersede
any additional or conflicting definitions of the same words or phrases or same general intent as
set forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose
of this PUD Guide and the interpretation, application and enforcement of this PUD Guide and
related components of the Development Plan. When not inconsistent with the text, words used
in the present tense include the future, words used in the singular number include the plural,
words in the plural include the singular, and the masculine includes the feminine. The words
“will” or “shall” are mandatory, and the word “may” is permissive.
Accessory Building, Structure or Use means a subordinate Building, Structure or Use located on
the same Lot (or on a contiguous Lot in the same ownership) on which the main Building, Structure
or Use is situated, which is customarily incidental to that of the main Building or to the main Use
of the Site, and which is reasonably necessary and incidental to the conduct of the Use of such
Building, Structure or main Use.
Accommodation Unit(s) means any room or group of rooms used primarily for transient lodging
and accessible from common corridors, walks, or balconies without passing through another
Accommodation Unit. Short Term Rentals are not Accommodations Units.
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.
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
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-2
2985509.12
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
(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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-3
2985509.12
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 August 1, 2014), but excluding from the calculation of Building
Height any non-habitable Architectural Projections. The “reference elevation” shall be:
(i) within Planning Areas E, I, K, RMF-1, RMF-2, and CH-1, the Natural Grade
(ii) within the portions of Planning Areas A and D located less than 250 feet from the
southerly boundary of the Property, the Engineered Grade
(iii) within the portions of Planning Areas A and D located 250 feet or more from the
southerly boundary of the Property, and within all other Planning Areas, the
Finished Grade
Building Setback means the distance from a specified Site boundary line, a creek or a stream
measured horizontally to a line or location within the Site which establishes the permitted location
of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks, Drive Aisles,
Driveways, landscaping features and fences required pursuant to applicable Town or other
governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming
pools) are not restricted by the Building Setback requirements.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-4
2985509.12
Bus Stop means a facility for the loading and discharging of passengers by publicly or privately
operated buses.
Cabled Telecommunication Equipment means any equipment used to provide Cabled
Telecommunication Service, but which is not affixed to or contained within a Cabled
Telecommunication Facility, but is instead affixed to or mounted on an existing Building or
Structure the Primary Use of which is not for the provision of Cabled Telecommunications
Services. Cabled Telecommunication Equipment also includes a ground mounted base station
used as an Accessory Structure that is connected to an antenna or dish mounted on or affixed to an
existing Building.
Cabled Telecommunication Facility means any freestanding facility, Building, pole, tower or other
Structure used to provide only Cabled Telecommunication Services, and which consists of,
without limitation, antennae, equipment, storage and other Accessory Structures used to provide
Cabled Telecommunications Services.
Cabled Telecommunication Service means services providing for the transmission through Dry
Utilities facilities of analog or digital communications of any form and any similar services
transmitted by or through fiber optic or other forms of below or above ground cabling, including
but not limited to cable television, high speed data, telephony, and satellite television systems
providing services to a Multi-family Dwelling, a collection of Single-family Dwellings, or a
collection of Buildings within a Mixed Use Project.
Child Care Center means a facility, however named or denominated (for example, day-care
centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps,
centers for developmentally disabled, dependent and/or neglected children, but specifically
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:
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-5
2985509.12
(i) Accommodations Units;
(ii) Animal Boarding;
(iii) assisted living facility;
(iv) Automobile Repair Shop (Major or Minor);
(v) bakeries;
(vi) bar and tavern;
(vii) barber and beauty shops;
(viii) Bed and Breakfast;
(ix) beverage stores, coffee shops;
(x) Bus Stop;
(xi) business and professional offices;
(xii) Cabled Telecommunications Equipment;
(xiii) Cabled Telecommunications Facilities;
(xiv) Cabled Telecommunications Services;
(xv) car wash (as the Principal Use);
(xvi) Child Care Center;
(xvii) cinema;
(xviii) clinic, intermediate medical care facility, urgent care facility, rehabilitation centers
and x-ray/MRI centers (i.e., out-patient services only);
(xix) clothing stores;
(xx) Community Facilities;
(xxi) commercial offices;
(xxii) Commercial Parking;
(xxiii) Convenience Retail;
(xxiv) department stores;
(xxv) Drive-in Uses;
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-6
2985509.12
(xxvi) employment agency;
(xxvii) Extended Stay Hotel;
(xxviii)Family Child Care Home;
(xxix) Grocery Store;
(xxx) Financial institutions;
(xxxi) fitness centers and health clubs;
(xxxii) furniture stores;
(xxxiii)hardware stores;
(xxxiv) Hotel, Motel and Lodge;
(xxxv) Home Occupations, Minor and Major;
(xxxvi) Hospitals;
(xxxvii) independent living facility;
(xxxviii) indoor entertainment facility;
(xxxix) indoor storage;
(xl) Kennels;
(xli) laboratory;
(xlii) landscaping and snow removal services;
(xliii) laundromat/dry cleaning;
(xliv) long-term care facilities and other medical facilities including, but not limited to,
group and congregate care facilities, nursing homes and independent living
facilities;
(xlv) Medical Marijuana Businesses;
(xlvi) medical and dental offices;
(xlvii) meeting facility;
(xlviii) newspaper and commercial printing shops;
(xlix) Nude Entertainment Establishments;
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-7
2985509.12
(l) nursery or garden supply;
(li) Outdoor Storage;
(lii) pet shop (for the sale of pets, pet supplies and/or for domesticated animal
grooming);
(liii) professional offices;
(liv) real estate sales offices;
(lv) photocopy and blueprint businesses;
(lvi) Public Facilities;
(lvii) Private Parking;
(lviii) Public Parking;
(lix) Recycling Facility;
(lx) Recycling Processing Facility;
(lxi) Religious Facility;
(lxii) repair shops, small electronics repair;
(lxiii) Restaurants;
(lxiv) Retail sales, specialty and gift shops; ski tuning; bike assembly
(lxv) service and social clubs;
(lxvi) Service Stations;
(lxvii) Studios (music, dancing, photography, movie, art and broadcasting)
(lxviii) tailor, seamstress, clothing alterations
(lxix) tattoo parlor, body piercing
(lxx) Temporally Divided Dwelling
(lxxi) theaters;
(lxxii) trade schools and colleges;
(lxxiii) Transit Shelter;
(lxxiv) Wireless Telecommunications Equipment;
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-8
2985509.12
(lxxv) Wireless Telecommunications Facilities;
(lxxvi) Wireless Telecommunications Services;
(lxxvii)Vacation Clubs;
(lxxviii) 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 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 the
Original Effective 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. § 38-33-103(4))
together with the interest in the common elements (as defined in C.R.S. § 38-33-103(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-eat food products, groceries, over-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
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-9
2985509.12
Covenants For The Village (at Avon) dated September 16, 2010 and recorded on September 16,
2010 at Reception No. 201018341, and as may be further amended from time to time.
Design Review Guidelines means The Village (at Avon) Design Review Guidelines dated
November 16, 2022, as may be further amended and/or supplemented from time to time, and as
prepared, approved and promulgated by the Design Review Board and which establish the sole
and exclusive architectural design, landscape design, urban design and site design standards
applicable within The Village (at Avon).
Design Review Board means The Village (at Avon) Design Review Board as appointed or elected
in accordance with the Design Covenant.
Development Agreement means the Consolidated, Amended and Restated Annexation and
Development Agreement for The Village (at Avon) concerning the Property Recorded 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
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-10
2985509.12
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 (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 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 [________], 2026, which is the effective date of this PUD Guide and is
intentionally distinguished from Original Effective Date.
Engineered Grade means the elevation of the ground surface as shown in: (i) for Planning Area A,
the Town-approved plan titled “Traer Creek Master Plan - PA-A” resubmitted to the Town and
dated June 25, 2025, prepared by Martin/Martin Consulting Engineers; and (ii) for Planning
Area D, the Town-approved plan titled “Traer Creek Planning Areas A-F Master Plan”
resubmitted to the Town and dated January 18, 2022, prepared by Martin/Martin Consulting
Engineers.
Extended Stay Hotel means a Hotel/Motel/Lodge with Accommodation Units that have complete
kitchen and bathroom facilities intended and utilized primarily for transient or semi-transient
occupancy.
Family Child Care Home means a facility for Child Care in a place of residence of a family or
person for the purpose of providing less than twenty-four (24) hour care for children under the age
of eighteen (18) years who are not related to the head of such home, and may include any such
other types of family Child Care homes as may be designated by rules of the State Department of
Social Services pursuant to C.R.S. § 26-6-106(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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-11
2985509.12
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.
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.
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
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-12
2985509.12
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-chemical industries, rubber refining, primary metal, or related
industries.
Infrastructure means, excluding Dry Utilities, those man-made structures which serve the common
needs of the population and are generally intended to be dedicated to, owned by and maintained
by the Town, another governmental or quasi-governmental entity and/or a public utility provider,
including but not limited to potable water systems; wastewater disposal systems; solid waste
disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges;
roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.
Interim Use means a Use that is permitted on a case-by-case basis within a particular Planning
Area or on a specific Site during the period prior to or during development of a Site upon an
Applicant’s receipt of written approval from the Design Review Board (as applicable) in
accordance with Section I.1 of this PUD Guide; provided, however, that Agricultural Uses as an
Interim Use shall be construed to be a Use by Right within all Planning Areas without the
requirement of written approval from the Design Review Board.
Kennel means a facility licensed to house dogs, cats or other household pets and/or where
grooming, breeding, boarding, training or selling of animals is conducted as a business.
Landowner means the owner(s) of fee simple title to a Block, Lot, Tract or other parcel of real
property as reflected in the official records of the Eagle County Tax Assessor. Notwithstanding
any additional or conflicting provision of the Municipal Code, the definition of “Landowner” shall
not be construed to mean any person or entity owning, holding or possessing an easement interest,
a leasehold interest, a license, a security interest or any other form of interest, whether 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
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-13
2985509.12
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-family Dwelling which is: partially or entirely manufactured
in a factory; at least twenty-four (24) feet wide and thirty-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 Landowner 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 Affiliated Landowners. The
Affiliated Landowners have designated the Master Landowner to act on behalf of themselves and
their respective successors in interest with respect to and for all purposes of this PUD Guide. The
Affiliated Landowners may designate a replacement Master Landowner from time to time, or may
terminate the role of the Master Landowner, 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 Affiliated Landowners owning any part of the Property as of the date of such notice. Any
replacement Master Landowner must be an entity that is an Affiliated Landowner. The designation
of a replacement Master Landowner or termination of the role of Master Landowner 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
as such terms are defined by C.R.S. § 12-43.3-104, 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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-14
2985509.12
Mobile Home means a Single-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-four (24) feet wide and thirty-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.
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, 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 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 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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-15
2985509.12
Outdoor Storage means the storage of any equipment, good, junk material, merchandise or vehicles
in the same place for more than twenty-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.
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-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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-16
2985509.12
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,
which the Master Landowner has created in accordance with and for the purposes stated in the
Development Agreement.
Public Facility(ies) means constructed facilities that are owned by the Town, a District or another
governmental or quasi-governmental entity, including but not limited to: transportation systems or
facilities; water systems or facilities; wastewater systems or facilities; storm drainage systems or
facilities; fire, police and emergency services systems or facilities; electric, gas,
telecommunications utilities or facilities; and other publicly owned buildings or facilities.
Public Parking means a surface parking lot or Parking Structure that is available for parking by the
general public and which is owned by the Town, a quasi-governmental entity (specifically
including Traer Creek Metropolitan District and Village Metropolitan District and any other quasi-
governmental entity or urban renewal authority approved by the Town after the Effective Date and
having all or any part of its boundaries or service area located within The Village (at Avon)).
PUD Guide means this The Village (at Avon) Third Amended and Restated PUD Guide dated
[_____________, 2026], and all exhibits attached hereto.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-17
2985509.12
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.
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
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-18
2985509.12
(c) Drive-through facilities are allowed, subject to Design Review Board
review and approval of Site-internal traffic patterns, Site-internal vehicle
stacking areas, and entrance and exit locations.
(iii) With respect to “standard” Restaurants, which may but are not required to include
as an Accessory Use the on-premises production of fermented (alcoholic) malt
beverages and/or malt, special malt or vinous and spirituous liquors:
(a) Customers are served their food and/or beverages by a restaurant employee
at the same table or counter at which the items are consumed; and/or
(b) Customers are served their food and/or beverages by means of a cafeteria
type operation where the food or beverages are consumed within the
Restaurant building.
Service Station(s) means a facility equipped for the sale of gasoline, diesel, electricity or other
forms of fuel for motorized vehicles, and which may but is not required to include as an Accessory
Use Convenience Retail, fast food Restaurants, drive-through Restaurants, and/or automated or
self car washes.
Short Term Rental(s) pursuant to Section 3.29.020 of the Municipal Code, in effect as of the
Effective Date, means any room or rooms, apartment, condominium, boardinghouse, hotel room,
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
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 provided, however, there shall be
no limitation on the number of Short Term Rental licenses available for properties within Planning
Area A, notwithstanding Municipal Code Section 5.04.050(g).. 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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-19
2985509.12
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.
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.
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. § 38-33-110, 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).
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-20
2985509.12
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.
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.
EXHIBIT B to ORDINANCE 26-02
Exhibit I
Page I-21
2985509.12
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
Structure the Primary Use of which is not for the provision of Wireless Telecommunications
Services. Wireless Telecommunication Equipment also includes a ground mounted base station
used as an Accessory Structure that is connected to an antenna mounted on or affixed to an existing
Building.
Wireless Telecommunication Facility means any freestanding facility, Building, pole, tower or
other Structure used to provide only Wireless Telecommunication Services, and which consists of,
without limitation, antennae, equipment, storage and other Accessory Structures used to provide
Wireless Telecommunications Services.
Wireless Telecommunication Service means services providing for the transmission of wireless
communications utilizing frequencies authorized by the Federal Communications Commission for
paging systems, enhanced specialized wireless telecommunication, persona communication
services, cellular telephone service and any similar services provided by means other than Cabled
Telecommunication Services.
EXHIBIT B to ORDINANCE 26-02
ENGINEERED GRADE
EXHIBIT B to ORDINANCE 26-02
ENGINEERED GRADE
EXHIBIT B to ORDINANCE 26-02
4199881.64199881.7
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 [_______________, 20252026] (“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 A, 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
4199881.64199881.7
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 shallmay continue through and
include October 20, 2059 (“Mountainside Vesting Term”), if the applicable condition
precedent set forth in Section 1.4(a)(iii) is satisfied.
EXHIBIT C TO ORDINANCE 26-02
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4199881.64199881.7
(iii) Mountainside Vesting Term Extension. The condition precedent to
the automatic extension of the Mountain Vesting Term to October 20, 2059 is that on or
before October 20, 2039, Master Landowner or District (or designee) has funded an escrow
account or other suitable financial instrument, for the Authority’s use, in an amount equal
to Master Landowner’s proportionate share of the total estimated costs for the Authority to
proceed to construct the water storage infrastructure within Planning Area K capable of
serving the East Avon Preserve’s (such property is labeled on the PUD Master Plan and
generally described as Lot 1, Section: 8, Township: 5, Range: 81, Parcel No. 2103-083-00-
007) northwestern corner pressure zone with potable water. If Master Landowner satisfies
such condition precedent on or before October 20, 2039, then the Mountainside Vesting
Term shall automatically extend to continue through and include October 20, 2059, without
the need for any further action by the Parties or an amendment to this Development
Agreement.
(iv)(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,
onOctober 21, 2039 or October 21, 2059 (as applicable pursuant to Section 1.4(a)(iii));
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, 2039 or
October 20, 2059 (as applicable pursuant to Section 1.4(a)(iii)), for the Mountainside Vesting
Term.
EXHIBIT C TO ORDINANCE 26-02
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4199881.64199881.7
(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) (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, 2039 or October 21, 2059 (as applicable pursuant to
Section 1.4(a)(iii)), 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 (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.
EXHIBIT C TO ORDINANCE 26-02
5
4199881.64199881.7
(G)(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
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
EXHIBIT C TO ORDINANCE 26-02
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4199881.64199881.7
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).
(H)(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):
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
EXHIBIT C TO ORDINANCE 26-02
7
4199881.64199881.7
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
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:
EXHIBIT C TO ORDINANCE 26-02
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4199881.64199881.7
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
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
EXHIBIT C TO ORDINANCE 26-02
9
4199881.64199881.7
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
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.]
(I)(J) Exhibit A Legal Description. Exhibit A is amended and replaced in its entirety
with Exhibit A attached to this First Amendment.
(J)(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.
EXHIBIT C TO ORDINANCE 26-02
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4199881.64199881.7
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.
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
[_____________, 20252026] 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 [_____________,
20252026], as amended from time to time.
129. Vesting Term means the Primary Vesting Term and the Mountainside Vesting Term.
(K)(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).
EXHIBIT C TO ORDINANCE 26-02
11
4199881.64199881.7
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:
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
4199881.64199881.7
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 _________,
20252026, 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
4199881.64199881.7
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 _________,
20252026, 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
4199881.64199881.7
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 _________,
20252026, 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
4199881.64199881.7
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 _________,
20252026, 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
4199881.64199881.7
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
4199881.64199881.7
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
4199881.64199881.7
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
4199881.64199881.7
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
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EXHIBIT C TO ORDINANCE 26-02
The Village
(at Avon)
SecondThird Amended and Restated
PUD Guide
September 11, 2018
_____________, 2026
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 2985509.12
ATTACHMENT C
Table of Contents
TABLE OF CONTENTS
Page
i
2985509.12
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
ATTACHMENT C
Table of ContentsTABLE OF CONTENTS
(continued)
Page
ii
2985509.12
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
ATTACHMENT C
Table of ContentsTABLE OF CONTENTS
(continued)
Page
iii
2985509.12
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
ATTACHMENT C
The Village
(at Avon)
SecondThird Amended and Restated
PUD Guide
September 11, 2018
_____________, 2026
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 2985509.12
ATTACHMENT C
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.
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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.
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ATTACHMENT C
(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
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ATTACHMENT C
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
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ATTACHMENT C
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,
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ATTACHMENT C
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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ATTACHMENT C
1650530.6 8
2985509.12
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%
ATTACHMENT C
1650530.6 9
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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%
ATTACHMENT C
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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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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ATTACHMENT C
(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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(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, which requires public hearings before the
Planning and Zoning Commission and Town Council. 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).
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ATTACHMENT C
(vi)Financial institutions (without drive-through window service).
(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).
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(xxixxii)Recycling Facility (as an Interim Use only).
(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).
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ATTACHMENT C
(xiii)Financial institutions (with drive-through window service).
(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.
(c)Prohibited Uses:
(i)Animal Boarding (outdoor).
(ii)Automobile Repair Shop (Major).
(iii)Family Child Care Home.
(iv)Group Home.
(v)Industrial Uses.
(vi)Kennels (outdoor).
(vii)Mobile Homes.
(viii)Medical Marijuana Businesses.
(ix)Nude Entertainment Establishments.
(x)Outdoor Storage (except as expressly allowed as a Use by Right in
Section D.2(a)).
(xi)Recycling Processing Facility.
(xii)Service Station (except as specifically identified as a Special
Review Use in Section D.2(b)).
(xiii)Tattoo parlor, body piercing.
(d)Building Envelope Requirements:
(i)Minimum Building Setbacks:
(1)Southerly and Westerly boundaries of Planning Area A: 20
feet.
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ATTACHMENT C
(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: 5560 feet.
(2)Portions of Planning Area A located 250 or more feet from
the southerly boundary of Planning Area A: 80 feet, provided that hotel
Uses (including without limitation, 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.
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.
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ATTACHMENT C
(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.
(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.
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ATTACHMENT C
(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.
(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.
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ATTACHMENT C
(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.
(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.
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ATTACHMENT C
(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.
(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.
(xi)Tattoo parlor, body piercing.
(d)Building Envelope Requirements:
(i)Minimum Building Setbacks:
(1)Front:25 feet
(2)Side:None
(3)Rear:10 feet
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ATTACHMENT C
(4)Southerly boundary of Planning Area D: 20 feet
(ii)Maximum Building Height: 48 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.
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.
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ATTACHMENT C
(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
(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).
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ATTACHMENT C
(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.
(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:
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ATTACHMENT C
(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:
(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).
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ATTACHMENT C
(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.
(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
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ATTACHMENT C
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
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).
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ATTACHMENT C
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.
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: 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
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ATTACHMENT C
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.
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.
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ATTACHMENT C
(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.
(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:20 feet (except as provided below).
b.Side:10 feet (except as provided below).
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ATTACHMENT C
c.Rear:10 feet (except as provided below).
(2)Commercial Uses:
a.Front:20 feet (except as provided below).
b.Side:None (except as provided below).
c.Rear:10 feet (except as provided below).
(3)Notwithstanding the foregoing:
a.10 feet is the minimum front Building Setback for
Blocks 1 and 2 of the Final Plat, Avon Landing, a Replat of Tract
H, the Village (at Avon), Filing No. 3; and
(3)Notwithstanding the foregoing,b.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.
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ATTACHMENT C
(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, 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 type
(i.e., rural local road, urban local road, etc.) of the portion of future Swift Gulch Road
located between the roundabout and the connection point to Road E will be determined in
accordance with a traffic study produced pursuant to the requirements of the
Development Code..
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.
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(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.
(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).
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(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
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-sacscul-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.
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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.
(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:
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(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.
(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.
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(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.
(ii)Planning Area RMF-1-1: Subject to this Section D.9(e)(ii),
6 Dwelling Units per acre; provided, however, cul-de-sacscul-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).
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(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.
(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.
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(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.
(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,
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ATTACHMENT C
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.
(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.
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ATTACHMENT C
(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.
(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.
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(d)Building Envelope Requirements:
(i)Building Setback Requirement: Not applicable.
(ii)Maximum Building Height: 35 feet.
(1)Planning Area PF-1: 48 feet.
(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:
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ATTACHMENT C
(1)Public Facilities.
(c)Special Review Use:
(i)Child Care Center as an Accessory Use to Community Housing
Units.
(d)Prohibited Uses:
(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 : 35 feet
(2)Planning Area CH-2: 60 feet
(iii)Residential Density Maximum:
(1)Planning Area CH-1: Maximum of 24 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.
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(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.
(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
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ATTACHMENT C
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
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;
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ATTACHMENT C
(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;
(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.
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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
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.
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(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;
(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
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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.
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.
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(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;
(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.
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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
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
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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
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.
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(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
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
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ATTACHMENT C
(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.
(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
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ATTACHMENT C
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.
(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.
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ATTACHMENT C
(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.
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
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ATTACHMENT C
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:
(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.
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ATTACHMENT C
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.
(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
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ATTACHMENT C
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.
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
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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,
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:
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(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) (as may be increased by a Development Bonus pursuant to
Section D.1(f)); 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’s308 Community Housing Units [24 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 = 308]. 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]192 Community Housing Units [500 – 308] = 192] (“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 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
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(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
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.
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ATTACHMENT C
(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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ATTACHMENT C
(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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ATTACHMENT C
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.
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ATTACHMENT C
(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
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:
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ATTACHMENT C
(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;
(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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ATTACHMENT C
EXHIBIT A
Legal Description
Exhibit A-
Page 1
1650530.6 2985509.12
ATTACHMENT C
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
1650530.6 2985509.12
ATTACHMENT C
Exhibit A-
Page 3
1650530.6 2985509.12
ATTACHMENT C
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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ATTACHMENT C
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
1650530.6 2985509.12
ATTACHMENT C
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-
Page 6
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ATTACHMENT C
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.
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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.
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EXHIBIT B
PUD Master Plan[Follows This Page]
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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,
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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
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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.
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EXHIBIT D
Wildlife Mitigation Plan
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EXHIBIT E
Minimum Design Guideline
Standards
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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
(g)Cul-de-SacsCul-de-sacs
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(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
Town for ownership and maintenance in accordance with the terms and
conditions of the applicable Public Improvements Agreement.
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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
Exhibit G-
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ATTACHMENT C
(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.
Exhibit G-
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ATTACHMENT C
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
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ATTACHMENT C
(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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ATTACHMENT C
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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ATTACHMENT C
(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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ATTACHMENT C
(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
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ATTACHMENT C
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
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2985509.12
ATTACHMENT C
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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ATTACHMENT C
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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ATTACHMENT C
(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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ATTACHMENT C
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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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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ATTACHMENT C
(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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(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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(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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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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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[________],20142026,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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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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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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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[_____________, 2026], 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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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 provided, however, there shall be
no limitation on the number of Short Term Rental licenses available for properties within
Planning Area A, notwithstanding Municipal Code Section 5.04.050(g).. 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).
H-20
1650530.6
ATTACHMENT C
Structure means a combination of materials to form a construction for Use, occupancy or
ornamentation whether installed on, above or below the surface of land or water.
Subdivision 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.
H-21
1650530.6
ATTACHMENT C
Transportation Master Plan. The Transportation Master Plan adopted by the Town, as may be
amended from time to time.
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.
H-22
1650530.6
ATTACHMENT C
Wireless Telecommunication Equipment means any equipment used to provide Wireless
Telecommunication Service, but which is not affixed to or contained within a Wireless
Telecommunication Facility, but is instead affixed to or mounted on an existing Building or
Structure 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
ATTACHMENT C
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
2985509.12
ATTACHMENT C
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
2985509.12
ATTACHMENT C
(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
2985509.12
ATTACHMENT C
(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-
Page 4
2985509.12
ATTACHMENT C
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
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ATTACHMENT C
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ATTACHMENT C
970.748.4088 Paul@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Paul Redmond, Chief Finance Officer
RE: Village (at Avon) Financial Overview
Supplemental Report
DATE: February 27, 2026
SUMMARY: This report provides supplemental information concerning various reviews of the Village (at
Avon) Financial Overview. The previous financial overview focused on explaining the current financial
status of the Town’s tax credit and debt that has been issued and a rough, superficial analysis of the
current revenues and expenses.
This financial review will address the following additional revenues generated in the Village (at Avon):
•Use Fees for Community Housing
•Real Estate Transfer Fees
•Short-term Rental Fees
•Additional Retail Sales Fees
USE FEE IN LIEU OF USE TAX ON CONSTRUCTION MATERIALS: On January 1, 2025, the Town
imposed a 4% use tax on construction and building materials for projects with a total valuation exceeding
$125,000. This tax was endorsed by the Village (at Avon). The CARADA states that if the Town imposed
a Use Tax on building material, the Village (at Avon) is authorized to impose a Use Fee to be used as
revenues for repayment of public infrastructure. This fee will be collected by the Town and transferred to
the district when building permits are issued. Planning Area A is projected to develop a Whole Foods, two
retail pads and a 100-unit condominium building. BOSK Apartments did not generate a Use Fee as the
building permits were issued prior to the Use Tax. Avondale Apartments would not generate a Use Fee
because it is a Town of Avon, tax‑exempt project. The conservative projections expect this Use Fee to be
between $2.5 and $3 million dollars for the next projects on Planning Area A. This revenue will be remitted
to the Public Improvement Companies and then Traer Creek Metropolitan District to be used for payment of
debts on public infrastructure.
REAL ESTATE TRANSFER FEE: The Village (at Avon) imposes a Real Estate Transfer Fee to correspond
with Avon’s Real Estate Transfer Tax. This Fee is collected by the district. All projects currently planned in
Planning Area A will be subject to the Real Estate Transfer Fee. The Whole Foods and the retails pad are
conservatively projected to generate $385,000. The Skol Condos will generate approximately $3.5 - $4
million in Real Estate Transfer Fees. Staff have reviewed the fees generated for the newly developed
Frontgate, and these fees are comparable.
SHORT-TERM RENTAL TAX: The Skol Condos in Planning Area A will generate short-term rental income.
Condominiums which rent their units on a short-term basis are subject to the private 4% Retail Sales Fee,
4% Accommodations Tax and Avon’s 2% Short-Term Rental Tax. Staff have taken a very conservative
approach in projecting this rental number. Staff estimates that 60 of the 100 units would be available for
rent. For this review, Staff expects the rented units will have a conservative average nightly rental rate of
$200. The total annual fees projected from these rentals are expected to be $234,780. Included in this
amount the Town would receive approximately $25,771 from the .75% Add on Retail Sales Fee and 4%
Avon Sales Tax assessed to the 4% Retail Sales Fee. A summary of these projections is below:
ATTACHMENT D
Supplemental Report: Village (at Avon) Financial Overview February 17, 2026 Page 2 of 3
Projected Municipal Income from STR's
4% Retail Sales Fee (Village (at Avon)) $87,360.00
4% Accommodation Fee (Village (at Avon)) $87,360.00
2% Short-term Rental Fee (Town of Avon) $43,680.00
.75% PIF/Add on Retail Sales Fee (Town of
Avon) $16,380.00
Total $234,780.00
4% Avon Sales Tax (Town of Avon) $9,391.20
Staff also reviewed the additional sales tax generated by these rental guests enjoying our town. Based on
local market research Staff is projecting the average guest would spend approximately $140 in the Village
(at Avon) and the Town of Avon per day. The additional daily spend by the Town’s guests could generate
an additional $340,000 in sales tax per year.
RESIDENTIAL REVENUE CONTRIBUTIONS: Residential properties generate less direct revenues
because the assessed valuation for property tax is much lower than commercial there are no direct sales
tax or accommodation tax revenues. However, residents spend on retail purchases. The typical resident
makes an estimated 18% of retail purchases on-line, and 50% locally at bricks and mortar establishments.
We very roughly estimate that the 50% of local purchases occur half in the Village (at Avon) and half in
Non-Village (at Avon) portion of Avon. Due to the nature of on-line retail sales report, Avon is not able to
distinguish between retail sales in the original Avon area versus with the Village (at Avon) versus outside
Avon such as Eagle-Vail and Beaver Creek.
Below is a spending model for an Avon resident who pay 100% AMI.
Renter paying 100% AMI with $80,000 Annual Income
Annual Costs Spent in Avon Town of Avon Village (at Avon)
Housing $24,000.00 $24,000.00 $ -$ -
Transportation/ Auto
Repairs 9,600.00 5,440.00 108.80 108.80
Food & Groceries 8,800.00 5,280.00 105.60 105.60
Healthcare 7,200.00 - - -
Retail, Dining and
Recreation 11,200.00 11,200.00 224.00 224.00
On-line Retail Sales 14,400.00 14,400.00 576.00 -
Saving, Debt,
Miscellaneous 4,800.00 3,120.00 62.40 62.40
Total $80,000.00 $63,440.00 $1,076.80 $500.80
Staff anticipates each renter moving to the Village (at Avon) will generate approximately $1,185.60 in
revenue for the Town and $392.00 for the Village (at Avon). This financial overview further explains the
expected increased revenues for the Town of Avon and for The Village (at Avon) from various
ATTACHMENT D
Supplemental Report: Village (at Avon) Financial Overview February 17, 2026 Page 3 of 3
developments. The indirect revenues from retail purchases from renters is expected to generate
additional sales tax revenue for the Town of Avon and additional Retail Sales Fee revenue within the
Village (at Avon) to be used to pay down debts for public infrastructure.
CONCLUSION: This supplemental report expands the earlier Village (at Avon) Financial Overview to
include additional revenue beyond direct assessment of municipal taxes, focusing specifically on revenues
generated within the Village (at Avon). This analysis is very high level and is not expected to be precise.
The primary purpose is to illustrate that additional development will generate additional revenues which will
accelerate the pay-off of outstanding debts for public infrastructure.
Thanks, Paul
ATTACHMENT D
ATTACHMENT E
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
ATTACHMENT F
1
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
ATTACHMENT F
2
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.
ATTACHMENT F
3
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.
ATTACHMENT F
4
Sincerely,
Craig Ferraro
ATTACHMENT F
1
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
ATTACHMENT F
1
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
ATTACHMENT F
1
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
ATTACHMENT F
1
From: Juergen Kliem
Sent: Monday, November 10, 2025 12:10 PM
To: Matt Pielsticker; Jena Skinner
Cc: Karin Kliem
Subject: Urgent: Would you please forward our email in regards to the P & Z meeting today
To all Members of the Avon Planning Zoning Commission,
Thank you for your service to Avon and the Vail valley.
Additional Height
Traer Creek is asking that there be additional height in planning area C and D, going from 48 feet to 74 feet.
No specific justification is provided to allow for this additional height and therefore we recommend that the commission
denies this request.
Additional Density
Density and height were of significant concern for the Eaglebend neighborhood during the initial PUD agreement. For
Planning area C and D, it was agreed to limit the density to 18 units per acre and height to 48 feet.
Traer Creek is asking to more than double the density and increase the height to 74 feet, over 50% taller..
Both, Heigth and Density will totally change the look and feel for the area.
Therefore we recommend to deny those changes in planning area C and D.
Best Regards
Juergen Kliem
Karin Kliem
ATTACHMENT F
Nov. 10, 2025
Dear Planning and Zoning Commission,
In 2014, I was one of many citizens who participated in supporting the Town during the
contentious former Amendment of the Traer Creek PUD. At the time, the Town and Traer
Creek were embroiled in a law suit created when Traer Creek had stopped paying the Town
the required tax monies per the initial agreements with the Town. Citizens sat through
hours and hours and hours of public hearings, P & Z meetings, Town Council meetings, land
use discussions, oratory from Traer Creeks attorney, bond sessions, BHP bank analysis,
etc. These meetings lasted over many months. During that time certain land use density
and height decisions were agreed upon between the the Town Council and Traer Creek and
the citizens.
Specifically, land use, density, and building height was of concern to residents living on the
Valley floor. Much time was spent reaching compromises on the the amended agreement.
Certain conditions were agreed to between the Town, Traer Creek and citizens.
That said, it feels like we are being subected to a bait and switch. Things everyone agreeed
to are being thrown out the window. The developer keeps coming back for more and more.
What about the people of Avon who have been paying taxes to the Town for decades? Do
we count? Specifically the changes to Parcel D have significant negative impacts on the
residents of Eaglebend Drive. The land use and density on Parcel D was intentionally
designed to provide a transition from detached homes to Traer Creek. It was designed to
provide a variation in housing denisty and type as required by the review criteria. Please
restore the agreed upon density, height and parcel boundaries.
Please deny the Amended PUD.
The amended PUD fails to comply with the following REVIEW CRITERIA.
Criteria 1. Increased choice of living and housing\environments. Please Deny
The PUD Amendments do exactly the opposite. By increasing the building heights to 60’
and density on Parcel D from 18 per acre to 40 per acre, the PUD eliminates a less dense
option for housing that could provide housing such as town homes or condos similar to
Stone Bridge or Canyon Run for permanent residents. Not everyone wants to live in a 5-10
story apartment building.
Criteria 4 . Who knows if it complies? Facilities and services (including roads, and
transportataion water , gas, electric, police, and fire as applicable) will be available to serve
ATTACHMENT F
the subject property. This is just not a matter of someone’s opinion. Where are the
numbers and studies showing how many people the development will produce on the
Valley Floor? What additional police will be needed? Can the valley floor traffic circles
handle the additional resident vehicles during high use times such as ski traffic in the
morning and afternoon? Where are the ameded studies?
6.Does not comply. Please Deny. Compared to the underlying zoning, the PUD rezoning is
not likely to result in significant adverse impacts in the vicinity of the subjec tract. The
increased height and density will definitely cause adverse impacts on the homes on
Eaglebend Drive : loss of views, light pollution, noise, and tall buildings looking into their
homes and yards.
7.Does not comply. Please Deny. Future uses on the subject tract will be compatible in
scale with uses or potential uses on other properties in the vicinity of the subject tract. The
homes on Eaglebend Drive backing to the PUD Parcel D are approximately 30’ high and are
detached homes. 60’ buidings sitting on higher ground with 40 per acre are not compatible.
I have reviewed the Traer Creek PUD ammendments and CARDA to the extent possible over
the past several days. The 284 page packet is a bit more than any normal citizen can
synthyize in a few days time even though I spent several hours a day over four days reading
and cross referencing . I am assuming (hoping) you all had a similar experience. I request
that tonight’s Public Hearing be continued and there be a second opportunity for input and
information gathering after staff gives their presentation and citizens have a chance to
speak and you have a chance to ask questions. There is so much here to understand and
consider and until residents thorougly understand the information it is difficut to testify in a
meaningful way.
A recent press release from Traer Creek indicates this amendment has been in the works
for three years. Did anyone during that time think to reach out the the neighborhoods
whose homes immediately abut the Traer Creek Property?
Bette Todd
ATTACHMENT F
1
From: Amy Phillips
Sent: Sunday, January 11, 2026 12:31 PM
To: Council Everyone Group <council@avon.org>
Subject: VAA PUD Amendment
Thank you for considering this important Development Plan for Avon.
I am currently in Denver and unable to attend Tuesday’s meeting, but many of my neighbors on
Eaglebend Drive will be present.
Having participated in meetings prior to the original 1998 adoption, many of my concerns then still exist
today. I have seen significant changes in Avon and Eagle County since 1998 and any updates to this PUD
must embrace them. The developer’s team effectively negotiated favorable terms for the original PUD,
integrating the Village at Avon into the Town, and avoiding a competing community on this important
tract of land.
Since 1998, Avon has evolved from a community whose Town Core was a mix of struggling restaurants,
timeshare properties, short term rental homes & townhomes and a limited service hotel into a thriving
Resort Community with successful neighborhoods, a nationally recognized Award winning Resort Hotel
and a diverse selection of thriving restaurants and other small businesses that support our outdoor
mountain recreation economy. Through these years Avon has improved its development processes. The
town’s growth and increased property values have occurred independently of the VAA, and the VAA
developers now seek to benefit from Avon’s progress. I believe they could also benefit from the guidance
of Avons sophisticated Development and Leadership teams.
Development in PA-J is unlikely until additional water infrastructure is established, and the adjacent park
on P3 will remain underutilized until then. Community housing in the East Avon Preserve also depends
on future water infrastructure. It is important to consider when these areas should be developed and
who will fund the necessary improvements. If delaying development on the north side of I-70 for 10-25
years is acceptable, increased density on the valley floor is acceptable and should align with the
standards of the 2025 Town of Avon.
The proposed trade-off—greater density and building heights in PA-A, PA-C, and PA-D in exchange for
two community housing entitlements—is reasonable. However, granting unlimited flexibility to the
developer is not in the best interest of future residents. Increased flexibility should not result in a return
to outdated standards. Recent staff reports highlight ongoing design and functionality issues with
projects approved under previous guidelines. The Village at Avon must adhere to modern
standards. Projects like Chapel Square and the Sheraton, approved under 1990's guidelines, have
ongoing design and functionality issues. The recent staff report to Planning and Zoning on July 1, 2025,
ATTACHMENT F
2
highlights deficiencies in the “Whole Foods” lot and adjacent residential project demonstrating the
current Avon Development Team’s expertise in evaluating compliance with regulations. Many issues
identified are reminiscent of standards popular in 1998. The Village at Avon in 2025 must do better.
I recommend modernizing the approval process for development plans to leverage the sophistication of
the current Avon Development Team. Changes requested in height and density for Planning Areas PA-A,
PA-C, and PA-D should be approved as Special Review Use (SRU) on a project-by-project basis to ensure
a diverse and well-designed Valley Floor.
When updating this PUD, please recollect recent developments in Avon, such as RiverFront, BaseCamp,
FrontGate, Kessler, and Hidden Valley Estates, and consider their heights and densities. PA-A is adjacent
to existing commercial and could become a dynamic neighborhood with the right mix of hotels and
higher density residential properties, and increased height may be appropriate to achieve a diversity of
property sizes and styles, not unlike the existing RiverFront & FrontGate neighborhoods.
PA-C & PA-D should be more diverse including townhomes, duplexes and other property types that are
desperately needed in all of the upper Eagle River Valley. While the existing 18 DU per acre may be too
restrictive a blanket change to 40 DU per acre on the entire planning area would not provide the diversity
of housing originally agreed to and currently needed. Neighborhoods similar to Base Camp, Kestrel &
Hidden Valley Estates combined with ones like Canyon Run and Avon Crossing would provide a
diversity of housing that create a dynamic Transit Oriented Mountain Resort Community. The future
viability of developments on the Valley Floor will be dependent on views, and accessibility, along with
economic changes that result from our evolving dependance on snow fall and other uncontrollable
factors which will determine the timeline.
I wholeheartedly endorse allowing any development on the Valley Floor to be eligible for
community housing programs and for those units, as they develop, to count towards the original
obligation, whose current triggers are no longer conceivable. I appreciate the developers interest to
directly align Community Housing Standards at the VAA to mimic those in place in Avon. I also desire that
as Avon modernizes its parking obligations to better align with the Transit Oriented community we are
becoming, the VAA Parking Guidelines evolve as well.
Lastly, The STR regulations in the Village should align with the Town of Avon, using the regulations in PA-A
to be the same as the Avon Town Core, while using the 15% per project in Planning Area PA-J that is used
near Harry A. Nottingham park & Lake on the western side. In PA-C & PA-D the determination could be
15% with a Special Review Use to unlimited Avon Town Core standards on a project by project basis.
As a resident of Eaglebend Neighborhood, these changes will not affect my property views as Piedmont
and Bosc are my northern view and my southern view is of the hillside above EagleVail. As a resident of
Avon, the vitality and diversity of our community affect all of us. I am committed to supporting Avon’s
growth as a diverse, transit-oriented rural resort community. The proposed PUD updates will have a
significant impact on Avon’s future and more collaborative work with the Village at Avon will benefit
everyone.
Regards,
ATTACHMENT F
3
Amy C. Phillips
Associate Broker
Keller Williams Mountain Properties
app.kw.KW2N473JS
License: FA100047354
KWMP Broker Lic.: EA268801
ATTACHMENT F
1
From: Brian Chimileski
Sent: Monday, January 12, 2026 12:12 PM
To: mpielsticker@avon.com;
Subject: PUD amendment pertaining to building heigh
Hello Matt,
I hope this email finds you well and you are getting after it on the skis or bike.
As someone with experience in working in this valley, I am incredibly encouraged by the collaborative effort
between the Town and Traer Creek on this PUD amendment. The success of projects like the Piedmont, Kestrel,
and the new dual-brand hotels has already provided a clear boost to our existing business community.
Specifically, the addition of rental housing has been a game-changer for local staffing, and the Bosk will further
strengthen that foundation. From a development standpoint, increasing the building height in Planning Area D
from 48' to 60' is a logical step that allows for the high-quality products our community needs. Furthermore, the
revenue generated by the Downtown Development Authority will create a powerful cycle of investment for future
community housing. I fully support this joint application and urge the Council to approve it to continue the positive
momentum on the valley floor.
Please reach out if you have any questions.
Best,
Brian Chimileski
--
Brian Chimileski
Commercial Broker
ATTACHMENT F
1
From: Craig Ferraro
Date: Monday, January 12, 2026 at 3:42 PM
To: council@avon.org <council@avon.org>
Subject: Traer Creek PUD Amendment
Avon Town Council,
This week you will begin your review of yet another request from Traer Creek to amend their PUD. I hope
you will be able to spend time on this request and fully appreciate the long-term implications of your
decisions. I’d also request that you review the financial analysis of the CARADA agreement, where it is
now evident that the citizens of Avon are directly subsidizing Traer Creek by $200,000 annually and most
of our capital funds are going to support their development, all of this the result of a council not being
able to foresee the long-term implications of their decisions.
I believe my email dated November 9th is a good analysis of the amendment request and hopefully you
will have a chance to review it. I have heard that Traer Creek took exception to my comparison with Eagle
Ranch since that development has also had PUD amendments. I’d suggest that those amendments
allowed for development of a mixed residential community with various types of housing (for-sale at
various price points, rental and senior), community retail, community services in health care and a
school and community amenities with public access golf and significant open space and trails. There is
landscaping and the various developers built housing that looks good and fits the environment. Eagle
Ranch is additive to the Town of Eagle and is home to many young families.
Unfortunately, we have little of that with The Village at Avon. We have gotten two big box retailers (one
new, one relocated), a small amount of community retail, a hotel, gas station, and a significant amount
of rental housing. None of it is distinctive or additive, just some run of the mill development that could be
done anywhere in America. Now after 27 years there is a promise of a Whole Foods but only if we allow
that developer to build a very large residential building (more market rate apartments or second homes
since this will allow for short-term rentals).
And since Traer Creek is amending the PUD they decided to ask for an upzoning of over 100%, from 18 to
40 units per acre in Planning Area C and D, more height and of course more time since one of the longest
PUDs in Colorado needs more time to figure out how to complete a non-descript development.
While I would like you to deny this application, I specifically would like you to deny the request for
additional height and density in Planning Area C and D. Planning and zoning tried to address the height
request (which is not changed in the application) but punted on denying the request to add density. They
ATTACHMENT F
2
justified this by saying setbacks and parking requirements would effectively limit the density on the valley
floor. This is naïve and a cop-out. If the idea is that Traer Creek won’t be able to build to 40 units per
acre, then why are they requesting it? All this does is allow them to build more non-descript apartments,
adding little to the Town of Avon. Please review the differences between 18 units per acre and 40 units
per acre that I laid out in my previous email and decide what you would like to see added to Avon in the
future.
Finally, to give Traer Creek an additional 20 years when we have no idea what they will build makes no
sense. Another blanket extension is not needed at this time. If they come up with a plan and a definitive
timeline, then an extension can be granted. They have 12 years to work on that, why grant 20 years now
to let that development sit for another generation?
In summation, I ask that you deny this amendment. If you feel the request for the immediate
development, Planning Area A, is one you can support then approve it and deny the additional height and
upzoning of Planning Areas C and D, as well as the extension of time for the PUD. These items can be
addressed once Traer Creek has a definitive plan for the sites and the community can weigh in on what
they would like to develop.
I appreciate your time on this very important matter.
Craig Ferraro
ATTACHMENT F
1
From: Shane Sorensen
Sent: Monday, January 12, 2026 11:29 AM
To: Council Everyone Group <council@avon.org>
Subject: CH1 building design
Hello all,
My name is Shane Sorensen. My wife and I own and live at 4883 Eaglebend Drive (next to Amy Phillips). We are
concerned
about the light and privacy impact of the potenƟal community housing across the railroad tracks from us. We understand
it's early in the design process, but having dealt with the light polluƟon from the Piedmont, we are worried that a 48'
high
building that close to us will very much affect our living situaƟon. If possible, please consider limiƟng the building to
three
stories and also look at updaƟng the lighƟng codes to limit the light polluƟon from this and all future projects.
Thank you for your aƩenƟon
Shane Sorensen
ATTACHMENT F
1
From: Miguel Jauregui Casanueva
Sent: Tuesday, January 13, 2026 5:52 PM
To: Matt Pielsticker Ineke de Jong
Cc: Eric Heil Subject: Public Comment Jennie Fancher
Matt and Ineke,
From Mayor Pro Tem Carroll by text he received from Jennie Fancher:
Rich, I am working until 8/8:30 and am unable to come to tonight’s meeting. Not sure if you are having a
work session or making a decision tonight but wanted to add my 2 cents. I am not a fan of increasing the
height to 80 feet. I don’t really like the piecemeal architecture that’s happening at the Village at Avon and
I’m hoping for a more appealing design for the rest of what will be developed on the valley floor. If you have
any negotiating, can you please negotiate for some design input/control? I am hopeful that there will be a
more cohesive plan delivered on that whole area of the village at Avon. It would be great if it could really
have appeal and create a sense of community and liveliness to that area of town. Finally, I am not a huge fan
of adding more time to the development. Please share my thoughts with council.
Thanks,
--
Miguel Jauregui Casanueva
Town Clerk
ATTACHMENT F
1
Sent: Tuesday, January 13, 2026 10:06 AM
To: Council Everyone Group <council@avon.org>
Subject: PUD Amendment Under Consideration
In your consideraƟons of the PUD amendment tonight, please make Avon’s local community your priority. Most of its
permanent residents are not paying aƩenƟon to this amendment that could fundamentally change the character of our
town. We rely on you as our elected representaƟves to protect our interests and preserve the “heart” of the valley. The
appeal of Avon to those of us who call it home is also what aƩracts visitors, so avoid the pressures and distracƟons of
potenƟal revenue, regional leadership, and “inevitable” development and deny this amendment. Thanks for your
service.
Please consider reading these and other comments you receive into the record at the meeƟng tonight.
Sarah Smith Hymes
ATTACHMENT F
1/13/2026
Dear Avon Town Council Members,
I am writing to voice my concerns about the Traer Creek PUD Amendment. I echo all of the
concerns set forth in the letter sent by my husband, Craig Ferraro, several weeks ago, when P&Z
was reviewing this application.
We have spent the last few decades trying to fix the haphazard way that Avon initially developed
and turn it into a well-planned community that stands the test of time. However, the Village at Avon
has a knack for using the pressure of the moment to extract extraordinary concessions from the
Town of Avon, to the detriment of our community.
The 1998 approvals were overly lopsided to the benefit of Traer Creek because the Town Council
was petrified about losing sales tax revenues from the old Walmart location.
The 2012 Amendments to the Village at Avon added to the lopsided deal because the Town Council
was worried about incurring further legal fees. The Town sued Traer Creek for not paying its bills for
municipal services like police service and snowplowing. To settle the lawsuit, the Town agreed to
incur the cost of those municipal services as well as asphalt overlays in the Village at Avon, in
exchange for a small percentage of sales taxes. In a recent analysis by the Director of Finance,
those municipal services currently cost the Town $189,000 per year more than the sales tax the
Town receives from the Village at Avon, and that does not include any of the cost of asphalt overlays
in the Village at Avon (such as $2.7M for Post Boulevard in 2027) or any share of Town administrative
overhead costs. (See Attachment D in your packet).
Now the Village at Avon is using the issue of housing to pressure the Town Council into making
further extraordinary concessions to the Village at Avon. Please don’t further damage our Town for
decades to come and give the Village at Avon continued carte blanche, for such a small benefit.
While housing seems critical now, hundreds of employee housing units are currently under
construction in the Valley. Don’t take the bait and overreact to this issue, as the Town has
overreacted to other pressures in the past.
The Avon Master Plan envisioned that building heights in Avon would peak in the West Town Center
and gradually diminish as development radiated outward from there. The increased height
requested by Traer Creek, particularly buildings on the hillside, will explode this goal. There is also
insufficient benefit to the Town to extend Traer Creek’s extraordinary exemptions from the Town’s
design review process and taxation.
Very truly yours,
Kristi Ferraro
ATTACHMENT F
January 13, 2026
To: Avon Town Council:
RE: Traer Creek PUD Amendments
Madam Mayor and members of the Avon Town Council,
You and you alone are the ultimate decision makers of what develops in the Town of Avon;
not the Town staff, or the Town Manager, or developers who come before you, but you. The
residents of this town who pay taxes here, live here, bring up their families here, elected you
to look out for the best interests of their families and our community. Everyone, even those
living up the hill have a vested interest in what is happening with the Traer Creek PUD. It
impacts all of our everyday lives, our safety, and what our Town will look like in the future.
I have now attended two recent public hearings on the Traer Creek PUD amendments and
spent countless hours reading through a vast array of documents. This is my third hearing
in the past 3 months. Approximately 14 years ago, I thought the issues of the Traer Creek
PUD were settled. After months of public hearings, closed door executive sessions and
lawsuits, the Town and Traer Creek settled on a PUD and accompanying CARADA that fixed
the zoning densities, heights, land use, and procedures for the development of Traer Creek.
I, along with many other residents, participated as responsible citizens sitting through
possibly hundreds of hours of these meetings. Now you are being asked to disregard all
that and increase densities, heights, reduce setbacks, disrespect fire codes, throughout
the PUD which will result in significant impacts to residents. For what? Because the Town
wanted to accelerate the building of some community Housing Units? To date each time
the Town negotiates with the developer, the Town gives up more and more. It’s time to stop.
Let me first address parcels C and D which sit in the heart of Traer Creek on the valley floor.
Parcels D and C were of major concern to residents during the original hearings 14 years
ago. The densities and heights on those parcels were intentionally designed to provide
housing that would blend with the condominiums such as Canyon Run, Stonebridge, and
the single-family homes on Eaglebend Drive already existing on the Valley floor. Those
parcel’s 48’ height and 18 unit per acre densities were intended to provide a transition to
the higher density near and in the Town core. What has changed? People still live on the
valley floor; the transition is still needed and desired. Proposed buildings 60-72’ high (5-7)
stories require elevators and generally have inside corridors. This height and lack of
density control will likely result in 5-7 story apartment buildings. Any projects like
Greenbriar or Canyon Run or Stonebridge where people permanently live and own their
own little piece of property are an unlikely result. Furthermore, parts of Parcel C sit at a
ATTACHMENT F
much higher elevation and increased height will make the structures appear higher than
they are. Please retain the existing height and density restrictions on Parcels D and
height restrictions on Parcel C.
Parcel CH1: It appears the desire to build Community Housing on a small piece of Town
land may be partly responsible for opening the door for drastic changes to the PUD.
Community Housing is a noble idea and should be supported. However, instead of leaving
the established height of 36’ on this parcel, the Town is asking to raise the height to 48’.
People live behind parcel CH1 and have lived there for decades in many cases. Why would
the town do this to its own tax paying citizens? One extra floor of windows with lights
shining into their homes; one extra floor of people looking into their backyards; blocking the
view of the sky and the hills matters when you live in the mountains. Some people bought
homes with the knowledge that height behind them was limited to 35’. It isn’t even a
developer making the changes. It is the Town doing this to their own citizens. The building
height should be left at 35’ and the Town build what it can and respect the current
residents right to fully enjoy their property.
With respect to the criteria in AMC 7.16.060: The PUD fails to meet the following criteria.
(iv)Facilities’ and services including (roads and transportation , water, gas, police, 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; Please Deny
No information regarding how many people this will add to the valley floor; or how
many additional police are going to be needed to serve the Town seems to be available.
What additional budget is needed to serve the increased density? What kind of stress
will this put on the recreation center? While the developer claims this is a simple shift
of density, can we assume he will come back for more from the places from which this
density was shifted?
(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; Please Deny. In
spite of the staff consistently stating that the increased heights and density is too far
away to impact existing residents, there are already significant impacts from the
Piedmont Apartments. The new density will be closer and greater than the existing
apartments. The increased height and density will definitely have an impact on the
homes on Eaglebend Drive. P & Z was unable to find this criterion was met and
removed it from their findings.
Please Deny (vii) Future uses on the subject tract will be compatible in scale with uses or
potential uses on other properties in the vicinity of the subject tract. The proposed
changes in height and density on Parcel D are not compatible in scale with the homes
ATTACHMENT F
along Eaglebend Drive. The existing zoning is compatible. Furthermore, statements
that because the uses are residential, they are compatible is concerning. I do not
believe Parcel D is limited to residential uses. The current height and density
somewhat ensure that it will be at least partly residential.
What do we want our town to look like in the future. Are tall buildings covering the Valley
floor your vision for the Town.? My greatest fear is that Avon will become a Town filled with
high density apartment buildings.
Eagle County Commissioner Tom Boyd was quoted in the Vail Dialy on November 25,2025
with respect to housing in Eagle County.
“The principles of placemaking and … building great communities, that we all want
to live in … should be a core aspect of this,” said Eagle County commissioner Tom
Boyd.
“We aren’t trying to just build units. We are trying to build homes where people will
enjoy living, where they will meet their neighbors, where they will meet their future
spouses, where they will play with their dogs and where they will enjoy this great
community,” Boyd said.
Very wise words indeed. Will the PUD changes facilitate this? I think not.
Over the past few years much focus has been placed on people who might come here
someday. It is time to bring the focus back to people who make up the Town already. To that
end let’s improve their home values and lifestyle, not detract from what is already great.
Where in this PUD are any recreational facilities? What about a gym where kids can take
gymnastics or the Town can have a basketball league. How about a Jump Street or climbing
wall? More restaurants?
The request for extension for the building rights on the hillside is premature and can be
accomplished any time up to six months from its termination. Let’s see what evolves from the
current building rights.
Respectfully,
Bette Todd
ATTACHMENT F
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From: Amy Phillips
Sent: Sunday, January 18, 2026 8:25 AM
To: Council Everyone Group <council@avon.org>
Subject: VAA PUD Amendment
Thank you for a thorough and well-run meeting on January 13.
I really appreciate the High Five recording that I was able to review yesterday.
As a counselor, I value having enough time to read, review, and consider important topics before making
decisions, which is why I am sending this email now.
Based on new information and some reflection I have a few suggestions/requests in addition to those I
shared with you last week.
CH1 will become a Town asset and follow the standard TOA Design Review process. While flexibility in
design is important to the Town of Avon, it’s crucial to respect the concerns of Eaglebend Drive
residents. The height limit on the homes on the northside of Eaglebend Drive, which is adjacent to the
railroad right of way, is 35', and maintaining this height for all of CH1 would ensure consistency with the
neighborhood.
Although PA-F allows for a 48' height, the existing lot would allow for a rather tall and skinny building and
expanding the lot with PA-E provides more options for community housing. To create a smooth transition
from the Eaglebend neighborhood to the Village at Avon, the building’s heights should not exceed 35’, as
anything taller would not be compatible with the adjacent homes and childcare center. Eaglebend Drive
residents have supported Avon for decades, and their interests should be prioritized.
I also propose you include updating the lighting standards for the Village at Avon to mimic the remainder
of the Town of Avon. As some of you may be aware, the lighting trespass from Piedmont has a significant
impact on its neighbors to the south on Eaglebend Drive. Construction moving forward, especially on
CH-1, must not trespass into the neighbors homes on Eaglebend Drive. Most homes on Eaglebend Drive
have the majority of their bedrooms on the north side of their home.
Thank you again for your time.
Respectfully,
Amy C. Phillips
Associate Broker
Keller Williams Mountain Properties
ATTACHMENT F
1
From:Chris Knight
Sent:Thursday, January 22, 2026 11:43 AM
To:Matt Pielsticker; Council Everyone Group
Subject:Joint Application between Traer Creek and Town of Avon
To the Mayor and Town Council and Community Development:
As a local business leader in the valley, I understand the importance of strong community planning and
development and am hearing positive opportunities related to the Joint Application between the Town
and Traer Creek. I’ve heard that there may be an opportunity to obtain 60-70 units in worker housing
within the expanded Village core if the team can come to an agreement on development terms, heights
and density. Based on my limited understanding of previous opportunities at Slopeside, this could be a
great opportunity to greatly reduce risk and cost associated with developing community housing on a
more favorable site and location especially since this is being done in conjunction with all the other work
in this immediate area. Couple this with a TIF strategy and it sounds like there is a strong opportunity to
develop the village further in a more sustainable way.
Thanks for your consideration and best wishes in seeing this vision become a reality.
Sincerely,
CK
CHRIS KNIGHT
Senior Director, Project Management
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ATTACHMENT F
1
From: Craig Ferraro
Date: January 24, 2026 at 6:38:03 PM MST
To: Council Everyone Group <council@avon.org>
Subject: Traer Creek PUD Amendment
Avon Town Council,
As a continuation of your review of the requested amendment to the Traer Creek PUD, I
wanted to weigh in on some of the analysis given in Eric Heil’s memo dated January 21,
2026, and additional information provided in the powerpoint presentation.
Community Housing 1
As with much of this amendment, the request for additional height on CH1 is not based on
any design, but only on a feel that 12 units per floor can be built and an attitude that “more
is better”. This additional height would be at the detriment of homeowners on Eaglebend
will be negatively impacted by a large condominium building towering over them. There is
no need, or really any rationale to harm current residents, almost all of whom are local
employees, whose small homes are some of the most affordable single-family housing in
the Vail Valley. There are no plans, or funds, for this project. I suggest that you set the
height at 36 feet for the entire parcel, or leave this parcel zoned for educational purposes
until a more definitive design, and funds for that design, can be identified.
Short-Term Rental
Always a contentious topic but a few items should be noted. If the council’s desire is to
help encourage housing for locals, then unlimited short-term rentals are not helpful. It
leads to more second homeowners who can pay more for the units and supplement their
purchase through short-term rentals (Eric’s estimate of $80,000 per year). Taxes
generated by these rentals ($8,000 per year) will go to Traer Creek and not to the Town of
Avon. Meanwhile, the Town will feel obligated to create housing for the additional
employees needed to service these units. I suggest that Council agree to allow short-
term rentals in Planning Area A, but not in Planning Areas C, D & J.
Height and Density
I’m beating a dead horse here, but I have to raise the issue once more. Thankfully we have
some more images to help us understand what is being proposed.
ATTACHMENT F
2
Look at the picture of Chapel Square (page 53) and the height of its peak at 83 feet. Now
imagine that the whole of Chapel Square was 27 feet taller (along the entirety of what is
now shown at 53-59 feet). What is being proposed for Planning Area A will be an
enormous, very tall building which will dominate the area and be over 50 feet taller than
Chapel Square.
And please take a drive on Post Boulevard and look at the Bosc apartments under
construction which dominate the area. These are not as tall as what is proposed for
Planning Area C&D. In addition, these apartments are in Planning Area F, which has a
density of 22 units/acre, which is significantly less than the proposed 40 units/acre
proposed for Planning Area C&D.
I suggest that you deny the amendment to increase height on Planning Area A and
height/density on Planning Areas C&D, leaving them at 48 feet and 18 units/acre.
I appreciate your time on this very important matter.
Craig Ferraro
ATTACHMENT F
1
From: Susan
Sent: Sunday, January 25, 2026 9:39 PM
To: Council Everyone Group <council@avon.org>
Subject: Traer Creek request for PUD amendments
Dear Council members,
Thank you for your continued dedication and service to our wonderful community.
I wish to express my firm opposition to any amendments which would permit increases in height, density
or time allowances at the Village at Avon above and beyond the existing parameters.
Sincerely,
Susan Wilke Gruber
ATTACHMENT F
Dear Town Council,
I appreciate that you are taking the time necessary to fully consider all aspects of the Village at
Avon PUD Amendment. I continue to be concerned that there are many unintended consequences
of approving the Amendment. For example, the Town’s financial analysis assumes that increased
development will increase revenues that the Village at Avon contributes to the Town. I’d like to
remind the Town Council, that the financial assumptions at the time of the CARADA also
contemplated that increased development and the resulting revenues would cover the Town’s
costs. As you can see from the current financial analysis, those assumptions were overly
optimistic…by a lot.
Based on these unrealistic predictions, the Town Council approved the CARADA, and now the Town
of Avon taxpayers subsidize the Village at Avon to the tune of $189,000 a year, plus capital outlays
($4.75 million in planned in just the next three years). I would recommend asking Paul Redmond to
prepare a sensitivity analysis, showing the financial outcomes resulting from several different levels
of development and revenue at the Village at Avon. This is especially necessary, since the Village at
Avon has a proven track record of underperformance.
I also want to remind the Town Council that Whole Foods and other businesses in the Village at
Avon will likely cannibalize the sales at City Market and other Avon businesses. The Town’s financial
analysis should contemplate that sales taxes paid to the Town of Avon by existing businesses, will
likely be reduced for a number of years, by Whole Foods and other businesses that open in the
Village at Avon.
It also seems nonsensical that the 1996 Comprehensive Plan, which is already almost 30 years old,
is the Plan that applies to The Village at Avon, and is the plan that will continue to apply to any
extensions of the vesting period that the Town grants. It is time to bring the Village at Avon into the
21st Century, and to make it consistent with the Town’s current plans and regulations.
I am very skeptical of granting any significant amendments to the Village at Avon unless there are
significant and definite benefits for the Town of Avon. The Village at Avon has been a liability to the
Town of Avon and its taxpayers for 30 years, not to mention the harm it has caused to the water
authority and the minimal property taxes it has paid to Eagle County as “agricultural property”. I
would suggest that you refrain from increasing or extending that liability unless you are certain that
the benefits to the Town will go a long way toward removing the albatross that has hung around the
neck of this community over the past 27 years.
Very truly yours,
Kristi Ferraro
ATTACHMENT F
1
From: Amy Phillips
Date: January 25, 2026 at 9:56:44 AM MST
To: Council Everyone Group <council@avon.org>
Subject: VAA PUD Amendment Comments
Council Members, the Village at Avon PUD Amendment may be the most consequential
legislative action you will face during your tenure. I appreciate that Town Staff has
presented the packet in a clear, digestible format and outlined the 18 decision points to
facilitate a thorough and straightforward process. Please take as much time as you need to
make this decision.
I will focus my comments on four key points. Many I do not comment on relate to clarifying
negotiated items from the 2013 CARADA, which resulted in a PUD amendment signed on
October 13, 2013.
One important lesson I learned while serving in the Council is the value of understanding
your fellow Councilors, especially during executive sessions. As someone who
participated in the CARADA agreement that led to this PUD amendment, I’d like to share
my perspective on why I voted in favor of the agreement on June 26, 2012.
The issues began when the metro district stopped paying portions of the municipal
services bill around 2007. By 2008, the balance sheet showed a deficit, regardless of how
the Asphalt Overlay fund was interpreted. Under Mayor Ron Wolf’s leadership, the Council
filed in District Court Case #2008 CV 0385 against the district for non-payment of services.
Subsequently, a second lawsuit, Case 2010 CV 316, was filed between Avon and Traer
Creek LLC.
Between July 2010 and April 2012, the Council held numerous executive sessions for legal
advice (CS 24-6-402(4)(b)), first under Mayor Ron Wolf (5) and then under Mayor Rich
Carroll (20). It is my recollection that as the judge filed his reports Avon was usually on the
losing side of the arguments and a settlement may be in the best interest of the Town and
its residents. Ultimately, in April 2012, the Council directed staff and legal counsel to
present the proposed agreement in public hearings. The first public discussion of the
CARADA was on June 12, 2012. It was approved in a split vote on June 26, 2012. I
reluctantly voted Yay.
In 2012, as the economy began recovering from the recession, property values remained
low following the 2008 downturn. While sales tax revenue and occupancy rates had
ATTACHMENT F
2
improved, staff wage freezes persisted. Several essential services for our workforce,
including transit funding, faced potential reductions. I was firmly opposed to any cuts or
elimination of bus service, especially to Buffalo Ridge. Continuing to fund the legal defense
which ballooned Avon’s legal fees to almost $1,000,000 in 2010 was not sustainable.
I do not wish it on any Council to endure a process that is painful and lengthy as the
CARADA was. The financial cost to the Town of Avon was not sustainable.
Now to my points:
Point 2: CH1 Height and Density
Thank you for the informative narrative in Attachment A.
To clarify, my previous reference to PA-E was incorrect; PA-F is the existing use by right.
The PA-F portion is relatively small and combining it with PA-E is a logical approach for
development. I do not support a 48-foot building height on a one-acre residential parcel in
Avon, particularly adjacent to 35' high homes and a 35' high childcare facility.
Concerns regarding green space should be addressed during the Avon and VAA Design
Review processes, which will provide opportunities for public input as this is a joint TOA
and Habitat project. While I support Habitat’s development, the concerns of Eagle Bend’s
adjacent north-side residents should be given significant consideration.
I propose a fifth option: Approve CH1 with a 35-foot height by right, and allow a 48-foot
height only through special review. This approach enables the Town of Avon and Habitat for
Humanity to further develop an appropriate project, subject to the TOA and VAA design
review process.
Point 5: Short Term Rental PA-A, C, D & J
As previously stated, it is my preference that STR be formalized in this document to avoid
future disagreements. I Support the addition of the STR overlay for these 4 planning areas. I
disagree with the Staff recommendation to allow unlimited STR on all 4 planning areas.
The Staff recommendation is based on a projection of $1,500/SF. I do not see any data to
generate that speculation. While there may be a development similar to the Westin
Riverfront, it will not be connected by Gondola to one of the bases of Beaver Creek and
therefore should not be used as a Comparable Development to what will occur on PA-C,
PA-D and PA-J. The most recently developed comps, in my opinion are the Kestrel with 2
properties closed in the past year for $1153/SF-$1246/SF, Frontgate with 9 properties
closed in the past year for $1058/SF - $1700/SF and and BaseCamp with 4 properties
closed in the past 2 years at prices from $1228/SF - $1452/SF. These statistics are from the
Vail MLS, of which I am a member.
It is impossible to predict what the Real Estate market will do for the next 5-10 years,
however all indicators are that the crazy per SF increases from 2020-2023 have flattened if
not declined. I understand that $1,000-$1,200 is still expensive, I also believe that Avon will
ATTACHMENT F
3
be a better place if the mix of owners were a mix of Affluent Retirees, Active Weekend
Residents and Fulltime Professionals, many of whom prefer not to be overrun by STR
customers.
I find that Unlimited STR is appropriate on PA-A. On PA-C & D please consider Limited STR
(15% on a complex-by-complex basis) to be a use by right with an SRU for the Unlimited
use. On PA-J consider a Limited Use STR (15% Limited use on a project by project basis) as
the PA-J neighborhood should not become yet another town core dependent on Short-term
visitors within the town of Avon. I understand the Dual Brand hotel is adjacent, however it
also markets to and is attractive to longer weekly and seasonal stays than a typical hotel. I
understand this puts a burden on the staff, however I believe the benefit to the community
outweighs that cost.
Point 11 & 14: Density increases for PA-C & PA-D
I agree that height and setbacks to some degree limit the density, these 2 Planning Areas
will define the middle of the Village at Avon, which is already high density on the East and
West sides of the PUD Valley floor and these Planning Areas are immediately adjacent to a
very successful Residential Neighborhood known as the Eaglebend Neighborhood. These
sections should provide a variety of housing options as continuing to allow more For Rent
High-Density complexes do not provide the variety our Residents, part-time and full-time,
desire.
I attended the P & Z meetings and this topic was only touched on by the board. I did not
press the board regarding this, which in hindsight I should have. I would have preferred that
like they did with the SRU for Height increases, they could have recommended that Density
increases should be treated as an SRU. The Comp Plan (Attachment E) that the CARADA
refers to was already a stale document updated specifically to accommodate the original
PUD when the original PUD was passed in 1998. Subsequent to the passage of the Village
PUD A years-long process to update the Avon Comp Plan commenced. By using the SRU
process for density in these 2 planning areas the Town of Avon P&Z can evaluate projects
on a Lot by Lot basis to determine if the specific project will meet the need for diversity at
the time the development is undertaken. The Town of Avon is significantly more
sophisticated as a planning organization than it was back in 1998 and the Success of the
VAA should take advantage of that.
I understand the building costs are significantly more than when Canyon Run, Avon
Crossing and the homes and duplexes along Eaglebend Drive were built. I also know that
there are many residents of Eagle County whose kids are grown and would love to sell a
large sprawling home to move to a property that is new with less maintenance and modern
accessibility to accommodate their needs as they age, without having to move out of the
Eagle River Valley that they know and love. Only the Village at Avon offers true
proximity and frequent transit access to both of our ski resorts — an advantage that simply
doesn’t exist in Singletree, Wildridge, Eagle, Eagle Ranch, or upper Homestead.
ATTACHMENT F
4
Thank you for your time and attention to my suggestions and requests.
Amy C. Phillips
Associate Broker
Keller Williams Mountain Properties
ATTACHMENT F
1
From: Mike and Monica
Sent: Monday, January 26, 2026 4:15 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: Letter for Avon town council
Hi Matt
Can you forward this letter to the town council for the meeting tomorrow please?
Dear Mayor and Members of the Avon Town Council,
We are writing to formally express our opposition to the proposed Community Housing (CH-1) development
planned directly behind our home on Eaglebend Drive.
Please reconsider the decision to allow increased density and building height in such close proximity to what
has long been considered one of the nicest residential neighborhoods in Avon proper. A dense community
housing project immediately adjacent to Eaglebend drive would significantly diminish our property value and
negatively impact our quality of life. The introduction of a large, high-density development would inevitably
bring increased light and noise pollution, loss of privacy, and a dramatic change to the character of our
neighborhood. These impacts are serious enough that we would be forced to consider leaving our home and,
potentially, Eagle County altogether.
We are long-time locals who have lived in the Avon/Edwards areas for many years and in our home on
Eaglebend drive since 2016. We have both worked for local companies, and Mike dedicated over 30 years of
his career to Vail Resorts. We are good neighbors, active community members, and tax-paying residents who
purchased our home with the expectation that it would be our forever home. We felt fortunate to live in what
has been widely known as one of Avon’s most desirable neighborhoods.
The proposed CH-1 development, as currently envisioned, would fundamentally alter the look, feel, and
livability of this area. A densely populated, multi-story housing project rising up to 48 feet tall on a relatively
small 1.2-acre site with up to 36 units is entirely out of scale with the surrounding homes along Eaglebend
drive. The current visual materials provided do not adequately illustrate the true scale and proximity of the
proposed buildings to existing homes on the north side of Eaglebend drive. An accurate, to-scale representation
showing the relationship between the proposed CH-1 buildings and the homes along the north side of Eaglebend
drive would clearly demonstrate how imposing a 48-foot-tall structure would be at such close range. We
strongly believe that additional three-dimensional studies are necessary for the community and decision-makers
to fully understand the real impacts of this proposal.
We respectfully ask the Council to consider why it would choose to sacrifice one of Avon’s most established
and desirable residential neighborhoods—potentially displacing long-time, tax-paying locals—in order to
maximize density at this particular location. While we understand the need for community housing, placing a
ATTACHMENT F
2
high-density project immediately adjacent to existing single-family homes is not appropriate planning and does
not reflect thoughtful or balanced growth.
We moved to the Avon area for its character, scale, and quality of life—not for high-rise buildings and densely
populated developments pressed up against established neighborhoods. After witnessing years of rapid
construction and change, it is deeply saddening to see our town moving in a direction that feels increasingly
disconnected from the values that once defined it.
We urge the Town Council to reconsider the height, density, and placement of the proposed CH-1 development
and to explore alternative solutions that meet housing needs without irreversibly damaging existing
neighborhoods.
Thank you for your time, consideration, and service to the Avon community.
Thank you
Michael and Monica Bahr
ATTACHMENT F
1
From: Pat Nolan
Sent: Monday, January 26, 2026 3:10 PM
To: Council Everyone Group <council@avon.org>
Subject: my opinion
Attention Avon Town Council members,
I wish to express my firm opposition to any amendments which would permit increases in height, density
or time allowances in the Village at Avon, that are above and beyond the existing parameters.
Thank you for listening as you consider your next steps!
Pat Nolan
ATTACHMENT F
1
From: Sandy Saul
Sent: Monday, January 26, 2026 4:07 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: Letter of Support for Village (at Avon) PUD Amendments
To: Avon Town Council
Re: Letter of Support for Village at Avon PUD Amendments
Dear Members of the Avon Town Council,
I am writing to express my strong support for the proposed amendments to the Village (at Avon) Planned
Unit Development (PUD) as outlined in the joint application by Traer Creek LLC and the Town of Avon. I
am a homeowner at Frontgate Avon, #408 in Phase 1, so have a vested interest in what is going on in
Avon and surrounding areas.
These amendments represent a thoughtful and strategic approach to advancing Avon’s future. I commend
the collaborative efforts between the Town and Traer Creek, which have already resulted in significant
public infrastructure investments and successful development projects that benefit our community.
Key reasons for my support include:
• Public-Private Partnership: This initiative exemplifies a unique and effective partnership that will move
Avon forward responsibly and sustainably.
• Community Housing Commitment: The amendments prioritize addressing Avon’s housing needs
through land donations and alignment with the Town’s administrative policies, ensuring attainable
housing options for our workforce and residents.
• Economic and Revenue Benefits: By facilitating development on the valley floor without extended
vesting, these amendments will accelerate revenue generation for the Town through increased tax
base and short-term rental opportunities.
• Infrastructure Investment: Traer Creek’s commitment to financing critical infrastructure—estimated at
over $80 million to date and an additional $55 million for future phases—demonstrates confidence in
Avon’s long-term growth and vitality.
• Smart Planning and Market Responsiveness: Updates to building envelopes, height allowances, and
zoning alignment will enable projects that meet current market demands while maintaining sensitivity to
community character.
I believe these amendments strike the right balance between development and community benefit, and I
urge the Council to approve them as proposed. Doing so will ensure Avon continues to thrive with well-
planned growth, enhanced housing opportunities, and strengthened economic foundations.
Thank you for your consideration.
ATTACHMENT F
2
Sincerely,
Sandy Saul
ATTACHMENT F
January 26, 2026
Dear Avon Town Council and Staff:
Sent via email to:
MaƩ@avon.org
MpielsƟcker@avon.org
Council@avon.org
This is Steven Sendor, resident of Edwards and a Commercial Real Estate Broker. While I am not involved
in the Traer Creek project, I’m wriƟng to convey my support for the proposed amendments. Generally
speaking, anything we can do to add a variety of housing, parƟcularly workforce housing, we should be
doing, and increased building heights are among the easiest ways to accomplish that.
I am also encouraged that the developer and the town are working together on this, and I hope to see
more of that in the future. A full build out of Traer Creek is a massive benefit to the community, and I
appreciate the work and creaƟvity staff has put into this.
Sincerely,
Steven Sendor
Edwards, CO
ATTACHMENT F
1
From: Kimberly Warth
Date: January 26, 2026 at 8:22:15 PM EST
To: mpielsticker@avon.org
Subject: Traer Amendments
Dear Council Members,
I am pleased to offer my support for the proposed amendments to the Village (at Avon) Planned Unit Development
(PUD). These changes reflect a balanced approach to growth, housing, and infrastructure that will strengthen
Avon’s future.
The collaboration between the Town and Traer Creek LLC demonstrates a shared commitment to responsible
development. The amendments will:
• Advance Community Housing Solutions: Through land donations and alignment with Town policies, these
updates will deliver attainable housing options critical to our workforce and residents.
• Stimulate Economic Growth: By enabling development on the valley floor and clarifying short-term rental
provisions, the amendments will generate new revenue streams for the Town.
• Leverage Significant Private Investment: Traer Creek’s ongoing and future infrastructure commitments—
totaling more than $80 million to date and an additional $55 million planned—underscore confidence in Avon’s
long-term success.
• Ensure Smart Planning: Updates to building heights, density, and zoning will allow projects that meet market
needs while respecting community character.
These amendments are not just technical adjustments—they are strategic steps toward a vibrant, sustainable
Avon. I encourage the Council to approve them and continue fostering this productive public-private partnership.
Thank you for your leadership and consideration.
Sincerely,
Kimberly Warth
38460 Highway 6 Unit 209
Avon Colorado 81620
ATTACHMENT F
January 26, 2026
To: Avon Town Council
From: Bette Todd
Re: Traer Creek Amendments
Dear Mayor Underwood and Avon Town Council,
Traer Creek Amendments Height and Density
According to the January 27, 2025 staff report, the Town initiated discussions with Traer Creek about
amending the PUD in order to pursue development of Community Housing on two parcels of Town owned
land. Staff states the Town and Landowner have worked cooperatively to amend the Traer Creek PUD.
This is a good thing.
Apparently, the landowner responded with a multitude of requested PUD amendments impacting almost
every undeveloped parcel of land within the Traer Creek PUD. The magnitude of the requested changes is
unreasonable and undesirable for a small mountain town. Increasing density, height, and reducing
setbacks will destroy the mountain town feel of Avon. The landowner was already given massive
development rights and many exemptions from Town Code during the 2012-2014 negotiations. When you
are reviewing the lengthy red line version of the new PUD and CARADA in the “Jan 13, 2026 Part 1 packet”
please note Exhibit G on page 301, Municipal Codes Not Applicable to The Village at Avon PUD. The
list is extensive. With so little control over development in Traer Creek, why would the Town want to give
up what ability they do have? The height and densities on parcels C & D at least give the Town the ability
to ensure the town has a variety of densities, a variety of housing, and some open space and sightlines.
To date, nothing has been developed in the town core. There has been no demonstrated need for these
massive height and density increases. Perhaps, any needed changes would be better handled on a case
by case basis when a plan comes forth that brings something beneficial to the Town. One of the primary
issues with PUD like Traer Creek is there is no firm development plan. The developer can propose
anything conceptually, but that concept can change any time in the future. Former Town Councils and
citizens spent many, many months working with Traer Creek to produce the current PUD and
accompanying CARADA. This council is being asked to disregard past decision making and provide even
more major benefits to the landowner. What is the benefit of this to the Town and its residents?
Avon is a small mountain community. It is not downtown Denver, or a light rail station, or the Denver Tech
Center, the Meridian office complex or the Federal Center in Denver.
Fire Code: Cul-de-sacs
The most important role of a town government is to provide for the health and safety of its residents. It
should be unacceptable to Town Council to approve language in the revised Traer Creek PUD and
CARADA that codifies potential exemptions to the fire code. In reading the revised PUD language, it is
apparent that the applicant is requesting to circumvent the fire code in many planning areas (over and
ATTACHMENT F
over again) with cul-de-sacs that exceed 1,000 feet and/or over 200 residences or buildings. This is
further memorialized in revisions to the CARADA by the addition of new language. See the Jan 13, 2026
packet page 343 for new language. There appears to be no language in the revised PUD or the CARADA
referencing a requirement for fire sprinklers, or any other potential fire mitigation measures. The revised
PUD does not meet the criteria (ii) as it does not promote public, health, safety, and welfare. In fact,
it does the opposite; it endangers the public health, safety, and welfare.
In this case it might be wise to add language that states current development must meet current fire
codes. The PUD repeatedly states otherwise. If this issue cannot be resolved to the satisfaction of the
Town and the fire department and language incorporated into the PUD and CARADA assuring the public
that fire codes will be met, perhaps the PUD and CARADA amendments need no further consideration.
New development should always comply with current code when it comes to public safety such as fire
codes and electrical codes, especially in the mountains.
Municipal Code Exemptions:
When you are reviewing the lengthy red line version of the new PUD and CARADA in the “Jan 13 Part 1
packet” please note Exhibit G on page 301. Municipal Codes Not Applicable to Traer Creek. The list is
extensive. The new PUD amendments, however add several new town codes and policies that are
beneficial to the landowner such as Development Bonus, revised parking, etc. Did the Town get back any
exemptions in trade?
Deletion of Commercial Requirements :
We heard testimony from the Avon Finance Director at the January 13, 2026 meeting that sales taxes and
commercial provided the Town a significant source of revenue. Yet the PUD amendments delete
commercial floor area in some planning areas. From a financial perspective, why would the Town agree
to this? Can it be replaced in other planning areas?
Trail Connection:
One of the maps showed what looked like a connection of a trail between Eagebend Drive or Hurd Lane
and the Traer Creek area. The map wasn’t clear exactly where this connection terminated on the south
side. Could this be clarified?
In the end, we are all striving for the best Town of Avon possible. Thank you all for your time and effort.
Bette Todd
ATTACHMENT F
Sauce on the Creek
Shervin Rashidi
To Whom It May Concern,
It's great to see that the Town and Traer Creek are working cooperatively to
better our community. Sauce on the Creek is here for the long haul, and we
are thrilled to see the Piedmont, Bosk, Kestrel, and dual-brand hotels open up
since we began doing business at Plaza. We have a number of employees
living in the Piedmont and are excited to see the Bosk open so that more
employees can live across the street. These rentals have really helped us with
staffing. And increasing building height to 60' within Planning Area D from 48'
is a no-brainer from a development perspective, allowing for more of the same
type of product that has been so helpful in staffing our business. This benefit
is compounded by the Downtown Development Authority, which will see so
much revenue that it can invest in community housing on land rezoned as part
of this application. All these elements in this PUD Amendment are positive
and will help the Avon community and our business. We encourage the Town
Council to accept this application, as proposed by the Town and Traer, so that
more development may proceed on the valley floor.
Sincerely,
Shervin Rashidi
Co- Founder & Managing Partner
ATTACHMENT F
1
From: Kathleen Walsh
Sent: Tuesday, January 27, 2026 4:52 PM
To: council@avon.org
Cc: Matt Pielsticker <mpielsticker@avon.org>
Subject: k walsh comment on agenda item 6.1 ( january 27, 2026)
January 27, 2026
To: Avon Town Council Members
From: Kathleen
A. Walsh
Thank you so very much to each Town of Avon Council member for representing your constituents on
what appears to be an endless analysis of this ongoing PUD. I truly appreciate you positively
representing the needs of our community and its residents.
In 1998 (27 years ago), I remember the presentations, with limitless maps and detailed plans with the
promise of parks, pleasant walkways and green trails, throughout residential areas, school lands, ice
rinks, etc. We did not have Zoom and the council chambers were packed with residents! After
countless hours on the part of Avon Town Council and thoughtful community input, we all agreed that
things were changing and conceded that positive development was inevitable. Gone were the sheep
grazing and beautiful open spaces in Avon. The build-out portrayed the west side of the PUD as
enhancing the existing core with more retail, and developing residential areas going eastward,
aligning with the housing community that was in existence in 1998. But then Walmart & Home Depot
were permitted east and disconnected the town. Now you want to fill it in with increased density and
unsightly heights. Please understand this was not the vision for our Town!
It is unfortunate the developer is misinterpreting the numbers. They want the same numbers but on much smaller
acreage? The density was for the entire PUD as presented in 1998 and previously adjusted. BUT if it ALL goes on the
valley floor and not throughout entire project, this will heavily impact our town’s aesthetics and not just the residents who
border the PUD areas. No height or density increases! We are a mountain community, not a suburbia with tall high rises.
How is this creating low impact mountain living? Too many concessions regarding design & review have been given
away. If I personally want to build a fence in my backyard, I have more restrictions than Traer Creek has on developing
buildings, something seems off??
ATTACHMENT F
2
Do not allow density increase in any areas. The reasons for Traer Creek not building on hillside is at no fault but their own
poor planning. It was supposed to be started and completed years ago. It is their own greedy nature that it was not
previously started. They were too busy raping the town of every resource we have. No more extension on vested rites. It
is time to build and deliver.
Please say NO because so far there have been too many community concerns and quite
frankly, this developer has not really proven to be a trustworthy neighbor:
Existing buildings produce high intensity light. Hallways exude to the outdoors and even after numerous requests no
window coverings and these lights are extremely obtrusive to neighborhoods 24hours a day. The height and tilting of
exterior and parking lights appear to be extremely high and tilt at odd angles, as to not comply with dark sky. And now you
want more height and light?
They built up sneakily and increased land grade on the roads and at bases of buildings and still pushed height limits at
Piedmont Buildings and other ongoing projects. Protect the height as it is please! P& Z asked for updated road mapping
and heights. Developer is still not showing this and says they cannot remember what the grade was. We all know it was
lower, however so much dirt was moved around to build up roads and the valley floor to higher grades than what was
originally in place. Protect us, no to height and stop building up the high grading of earth.
FYI , I do not believe the interchange off I-70 was fully funded by Traer Creek. As it was part of a plans and meetings
when Colorado when proposing an interchanges near Walmart and Eagle Airport years ago.
CH1
It saddens me that developers are trying to utilize this very tiny piece of land to tempt TOA to advocate for their PUD
request. And it is just wrong that our own town planners are playing into it. CH1 has unprecedent impact on the residential
areas it borders on Eaglebend Drive. Community development tried to present this as being congruent with existing the
area. It is abutting and dominating established single family home development. I am begging you to protect your existing
community.
Why did we only get info days before P&Z meeting when they claim it was months of planning? Perhaps existing
community input with our very own community planners could have avoided this outcry. Do our TOA planners really think
the existing Avon residential community want taller buildings, more lights and dust pollution, noise and density even closer
to our bedroom windows? My guess is this is why it was top secret? I hope the town council will please remind TOA
planners they work for our town and its residents. AND not this greedy developer. It is apparent all community concerns
were discounted and basically, we were told take it up when the issue goes to Town Council. It should not have come this
far as this entire request is outside the scope of Avon’s codes.
Traer Creek was required per PUD to dedicate land for education. And they have manipulated this numerous times. Is
the school board aware they are once again giving away dedicated school lands? I think this should be clarified with the
school board. As this entire development is already going to have an impact on growth. How will we grow a school?
Already putting a preschool/housing on a rather less desirable site. Keep what little remains as school, for school. Do not
increase height or density. Preserve the tiny lot (CH1) as green next to school. There are plenty of other lands available
that is not impeding on well-established community.
Employee housing? However, my question is who are we housing and what is the Town of Avon getting out of it? Do we
really want to be a bed base for surrounding communities and employers? Developers are proposing cutting retail and
increasing density. It does not add up. Decreasing retail cuts tax monies Avon earns and it will discourage businesses
from setting up in our town. What kind of town do we want to be? I feel that as with other developments the developer
should be required to build out employee housing at their cost.
Avon says it wants more employee housing, but you are pushing out residents and quality of life. Who came to the
decision that Avon only wants employee housing? This will destroy a community-based town. I am begging you to protect
existing families and residents. Our census is declining! And I am very concerned as to why the Town of Avon would not
want to prioritize its existing residents and their needs for quality of life and protections of property.
ATTACHMENT F
3
Historical population
Census Pop. Note %±
1980 640 —
1990 1,798 180.9%
2000 5,561 209.3%
2010 6,447 15.9%
2020 6,072 −5.8%
U.S. Decennial Census
Bottom line, please do not once again be bullied by this developer to push this PUD amendment. And do not build out
CH1. It is hurting us! Too many concessions have been made with no apparent benefits to our community. As when this
developer threatened to sue the TOA in 2008 (please review include newspaper article attached).
You have the ability to protect our community’s future. This is not even close to what was proposed in 1998. Time to stop
and require this develop per to step on previous promises.
Thank you for thoughtfully mulling over all our community concerns! Much appreciation for your dedicated service.
Kathleen Walsh
ATTACHMENT F
1
From: Tuan Q Duong
Sent: Tuesday, February 17, 2026 1:37 PM
To: Matt Pielsticker
Subject: Joint Application
To the Mayor and Town Council:
Recent projects at Traer Creek, like the Piedmont and the new dual-brand hotels, have already given Avon a big
boost and helped local businesses.
I am excited to see this Joint Application make it to the Town Council. Anything that the Town of Avon and Traer
Creek can do to bring to the valley more housing supply is great.
I believe that the additional 60-70 worker/community housing units will also give the community a big boost.
An increase in building height for projects on the valley floor between Wells Fargo and the Piedmont can help bring
more people to Avon to help local businesses, as well, and can take advantage of the Avon bus system.
In short, I am in favor of the Joint Application and hope the Mayor and the Town Councilors approve it to continue
the positive momentum on the valley floor to help with the housing supply and help local businesses.
Thank you.
Sincerely,
Pho Bay Avon
Tuan Duong
ATTACHMENT F
970-748-4065 ddempsey@aovn.org
TO: Honorable Mayor Underwood and Council members FROM: Danita Dempsey, Chief Cultural Officer
RE: Freefall Bluegrass Festival Proposal
DATE: February 17, 2026
SUMMARY: This report presents to the Council the opportunity to host the “Freefall Bluegrass Festival”, a
three-day ticketed music festival, in Harry A. Nottingham Park and Avon Pavilion on October 9, 10 and 11,
2026. Diane Moudy, the festival promoter, is seeking to move this event from the Town of Vail to the Town
of Avon and transition this festival to a ticketed event. The festival is expected to bring in more than 5,000
people per day for three days.
Staff are seeking direction from Council on whether to support this festival. The proposed partnership
arrangement would be for the Town to commit to $83,000 in direct support (chain link fencing, portable
restrooms, handwashing stations, and bar operations/alcohol sales) along with in-kind services with
estimated value of $12,100 (Public Operations and Facilities personnel). The Town would recover the cost
of its direct and in-kind investment through revenue generated from event bars and a five dollar per ticket
per day Avon fee with the sale of 4,350 tickets.
BACKGROUND: Council prioritized community focused events for the last seven years. Recent
discussions have recognized the value of a multi-day ticketed event that serves the community, and which
can bring visitors to boost occupancy in our lodging community, especially during the softer shoulder
seasons.
Diane Moudy, owner/founder of Resort Entertainment, is proposing a 3-day bluegrass music festival called
Freefall. This festival was previously held in Vail. The festival includes evening performances at multiple
bars and restaurants, focused on top tier bluegrass musicians and local Colorado-based talent for the
opening sets. In addition to live music, this event incorporates unique vendors, ticket incentives, and
promotional opportunities such as swag, ticket deals, and lodging.
Ms. Moudy presented the concept to the CASE Committee during the October 16, 2025, meeting. She
explained that she wants to move this festival to Avon due to increased lodging rates and a limited footprint
in Vail. There is ongoing interest in progressively expanding this festival, so it becomes a signature event
associated with Avon, ultimately aiming to attract 10,000 attendees.
The CASE Committee expressed strong support for bringing Freefall Bluegrass Festivals to Avon, noting
the opportunity to fill an off‑season gap, attract a welcomed demographic, and generate increased
business activity through community‑wide activations. Committee members highlighted Avon’s larger
footprint, family‑friendly environment, and infrastructure capacity as advantages over other venues, viewing
the proposal as an opportunistic and positive addition to Avon’s special events calendar. The October 16,
2025, CASE Committee meeting minutes are available here.
The 2024 Freefall Bluegrass Festival in Vail attracted 15,000 people, and 1,151 rooms were booked. The
Town of Vail provided $80,000 in financial support for the festival. The Freefall Bluegrass Festival 2024
TOV Recap Deck is provided and attached as ATTACHMENT A.
Page 2 of 4
ANALYSIS:
1. Event Date. The three-day Freefall Bluegrass Festival is proposed for Friday, October 9 through
Sunday, October 11. Gates will be open between 2:00 and 9:00 p.m. on Friday, and 11:30 a.m. to
9:00 p.m. on Saturday and Sunday.
Furthermore, a comprehensive list of Colorado-based bluegrass festivals and local events is
included as ATTACHMENT B, none of which directly compete. Staff is confident that both the
value-oriented pricing and the timing of the Freefall Bluegrass Festival will contribute to its success.
2. Attendance & ticket pricing. Attendance is projected between 5,350 to 6,350 per day with
“early-bird pricing” 3-day general admission (“GA”) tickets priced at $65, followed by $95 for a 3-
day GA ticket. Additionally, a curated VIP experience will be offered with early bird pricing at $299
for a 3-day VIP ticket followed by $499 for a 3-day VIP ticket. VIP includes access to shade
structures and/or tented area, priority viewing, luxury private bathrooms, catered food/snacks and
private bar.
Early bird GA tickets cost under $25 per day, with the second-tier GA under $35 per day—both
affordable and competitive. For comparison, WinterWonderGrass offers 3-day GA for $249–$265
and VIP for $539–$599; Telluride Bluegrass Festival sells 4-day GA for $420, single-day for $135,
and no VIP option.
3. Marketing. The marketing campaign will be comprehensive, targeting Colorado as well as high-
tourist states such as Texas, Utah, and Wyoming. Tactics include local and regional print media,
digital platforms, programmatic advertising, direct email outreach, radio, web-based event
calendars, banners, and other relevant channels. Should the Council approve the Freefall
Bluegrass Festival, staff will coordinate closely with the producer to (1) consider festival branding to
better incorporate “Avon” and represent the festival is not free (2) facilitate ticket sales beginning in
the second or third week of March and (3) collaborate with the producer to ensure a unified and
effective event launch.
FINANCIAL CONSIDERATIONS: Staff propose the Town order, manage and cover the cost of the items
listed below for a total estimated cost of $83,000. Avon is already familiar with these vendors and can
more efficiently manage this aspect of the event as a partnership contribution.
1. Chain link fencing - $35,000
2. Portable restrooms, handwashing stations, and daily servicing - $18,000
3. Cost of goods + labor for bar operations - $30,000
The producer’s preliminary budget outlines $615,450 in expenses including but not limited to talent
acquisition, marketing, personnel, printing, ticketing, stage production. Producer revenue sources are ticket
sales, vendor booths, merchandise, and sponsorships.
The Town plans to recover the $83,000 investment using revenue from alcohol sales and the $5 daily fee
per ticket. This is in addition to the anticipated increase in sales, accommodation, and short-term rental
taxes generated by the multi-day festival. Financial modeling indicates with 5,350 tickets sold, the producer
is profitable and at 4,350 the Town recoups its investment, as detailed in Tables 1 & 2.
Page 3 of 4
Table 1
5,350 Tickets
Producer Revenue
Streams
Revenue
Projection
GA Tickets $ 385,000.00
VIP Tickets $ 134,650.00
Food Vendors $ 15,000.00
Retail Vendors $ 34,000.00
Event Merchandise $ 5,000.00
Sub-Total $ 573,650.00
Sponsorship
Beer / Malt Beverage $ 20,000.00
Spirits $ 10,000.00
Automobile $ 12,000.00
Ancillary $ 20,000.00
Sub-Total $ 62,000.00
TOTAL REVENUE $ 635,650.00
Producer Expense $ 615,450.00
TOTAL PRODUCER NET $ 20,200.00
Table 2
4,350 Tickets
Town Revenue
Streams
Revenue
Projection
Net Alcohol Sales $ 29,196.28
$5 Ticket Fee $ 65,250.00
Total Revenue $ 94,446.28
Less Avon Contribution $ 83,000.00
TOTAL AVON NET $ 11,446.28
In the first year, any net revenue beyond the Town's contribution will go toward future festival investments.
RECOMMENDATION: Investing in a multi-day ticketed festival will boost Avon's event portfolio, enhance its
brand, and deliver strong returns through increased business for local restaurants, bars, and
accommodations. The second weekend in October fills the Man of the Cliff gap, provides excellent leaf-
Page 4 of 4
peeping, and offers lower lodging costs. I recommend Council approve the $83,000 financial contribution
for the Freefall Bluegrass Festival on October 9 through October 11, 2026.
TOWN MANAGER RECOMMENDATION: I recommend proceeding with this event because it is building
on the success of a local producer and event, bluegrass genre is generally a good fit to serve the interests
of our community and a good fit for our community to host, and this event has potential to significantly
boost lodging occupancy in an otherwise low occupancy shoulder season time.
PROPOSED MOTION: “I move to direct staff to negotiate a Special Event Agreement to host the Freefall
Bluegrass Festival which will include a $83,000 direct expenditure, in-kind services, a cost recovery special
event fee of $5 per ticket per day, and such agreement shall be subject to review by the Town Attorney.”
Thank you, Danita
ATTACHMENTS
Attachment A - Freefall Bluegrass Festival 2024 TOV Recap Deck
Attachment B – Colorado Based Bluegrass Festivals & Local Events
2024
EVENT RECAP
ATTACHMENT A
ROCK & ROLL PLAYHOUSE LOCAL ARTISAN VENDORS THREE DAY EVENT
Founded in 2014 by independent
concert promoter Peter Shapiro and
educator Amy Striem, The Rock and
Roll Playhouse is the largest national
kid-friendly live concert series.
FreeFall hosted 10 local artisan
vendors that highlighted mountain
lifestyle through fashion, jewelry, and
outdoor activities.
Kick things off on Friday at 4:30pm
and stay the whole weekend with
music going from 11:00am to
7:30pm plus and All Day Kids Zone
on Saturday and Sunday and After
Parties at Cucina at The Lodge at
Vail.
2024 EVENT HIGHLIGHTS
15,000
Estimated Attendance
14
Bands on Multiple Stages
October 11-13
Festival Dates
Vail, Colorado
High Tourist Location
2024 EVENT AT A GLANCE
$885,000
Estimated Town Revenue
LOCATION:
Colorado, Kansas, Nebraska, Texas,
Utah, Wyoming
AGE RANGE:
55-69
INCOME:
$100,000-$199,999
GENDER:
45% Male
55% Female
EDUCATION:
Bachelor’s Degree or higher
2024 ATTENDEE STATS
AVERAGE NIGHT STAY:
3
ATTENDEES CAME FOR FESTIVAL:
81%
ATTENDED WITH CHILDREN:
53%
LIKELY TO RETURN:
94%
ESTIMATED NUMBER OF ROOMS BOOKED:
1,151
HOME OWNERSHIP:
83%
2024 ATTENDEE STATS
MEDIAN AGE:
43.7 Male
50.9 Female
INCOME:
$100,000+
HOME OWNERSHIP:
71.8%
GENDER:
53% Male
47% Female
2024 LOCAL DEMOGRAPHICS
INSTAGRAM:
1,060 followers
30.9k reach
DENVER DOWNTOWN BILLBOARD:
6-week with 2.5 million views
GOOGLE ADWORDS:
WILL GET THESE NUMBERS
FACEBOOK:
863 followers
92.8k reach
2024 MARKETING REACH
Sam Bush Band
phoffman (Greensky Bluegrass)
Terrapin Family Band
ft Chris Pandolfi, Nicki Bluhm, & Grahame Lesh
Alison Brown | Nicki Bluhm | Armchair Boogie
Andy Hall, Billy Nershi, & Erik Thorin Trio
Danger Mountain | Hardscrabble
Skin The Rabbit
Jake Wolf’s Always Dead Bluegrass Band
Blue Ox Boys | Nick Steingart Bluegrass Trio
The Rock & Roll Playhouse
2024 LINEUP
“
”
Owner and Event Producer
Diane Moudy
Resort Entertainment Group has
been booking and producing concerts,
festivals, and community events since
1999. Based in the heart of Vail,
Colorado, we hold this vibrant
community close to our hearts.
Bluegrass music, known for its
family-friendly appeal, creates the
perfect opportunity for families to come
together and experience the charm
and beauty of Vail. Our passion is
bringing people together, spreading
joy, and celebrating the incredible Vail
Valley through world-class Bluegrass
performances. We've been putting
smiles on faces and creating
unforgettable memories since 1999!
Name Date Location Website
Meadowgrass Friday, May 22 - Sunday, May 24 CO Springs Rocky Mountain Highway
GoldenGrass Music Festival Thursday, May 28 - Sunday, May 31 Golden
Goldengrass Bluegrass Festival — New Terrain
Brewing Company in Golden, CO
Palisade Bluegrass & Roots Friday, June 5 - Sunday, June 7 Palisade
Palisade Bluegrass & Roots Festival - Colorado Music
Festival
Telluride Bluegrass Festival Thursday, June 18 - Sunday, June 21 Telluride https://bluegrass.com/telluride
Rail on the River Thursday, June 25 - Sunday, June 28 Berthoud Rail on the River Music Festival 2025
Pickin' in the Rockes Sunday, September 13, 2026 Loma Pickin In The Rockies - Pickin' In The Rockies
Breckenridge Bluegrass & Beer Friday, Sept. 25 - Sunday, Sept. 27 Breckenridge Breckenridge Bluegrass & Beer
RockyGrass Friday July 24 - Sunday, July 27 Lyons https://bluegrass.com/rockygrass
Buffalo Grass Festival Friday, October 2 - Sunday, October 4 CO Springs BuffaloGrass
WinterWonderGrass Friday, February 27 - Sunday, March 1 Steamboat Springs
https://winterwondergrass.com/?gad_source=1&gad_ca
mpaignid=23557615141&gbraid=0AAAAADsaWERWkI
HXkIgc4Smtrc9CKxkps&gclid=CjwKCAiAwNDMBhBfEiw
Ad7ti1AjB-fopLK3h5g0Lf7cHUHbSKu-
zLEkTFhD9dHX7eyvjwF9V545bcRoC8GkQAvD_BwE
Name Date Location Website
GoPro Mountain Games Thursday, June 4 - Sunday, June 7 GoPro Mountain Games
Vail Craft Beer Classic Friday, June 12 - Saturday, June 13 Vail Craft Beer Classic
Lionshead Oktoberfest Friday, Sept. 11 - Sunday, Sept. 13 Oktoberfest Vail
Vail Oktoberfest Friday, Sept. 18 - Sunday, Sept. 20 Oktoberfest Vail
Vail Concours TBD The Vail Concours - Home
Artisan Rhapsody TBD Artisan Rhapsody
Good Music for a Good Mynd TBD ABOUT
Eagle Flight Days Friday, June 26 - Saturday, June 27 Eagle Eagle Flight Days
Blues, Brews, and BBQ Friday, May 22 - Sunday, May 24 Blues Brews & BBQ
Oktoberfest Friday, Sept. 4 - Sunday, Sept. 6 Oktoberfest
N/A
SunsetLIVE!Sundays, May 24-September 6 SunsetLIVE!
AvonLIVE! Wednesdays, June 10 - August 19 AvonLIVE!
Pride in the Park/Fiesta Pride Friday, June 12 - Saturday, June 13 Pride in the Park
Lacrosse Tuesday, June 23 - Thursday, June 25
Community Picnic Thursday, September 17
VVSC Tournament Friday, October 2 - Sunday, October 4
ATTACHMENT B - LIST OF EVENTS
Avon
Vail
Beaver Creek
Avon
Eagle County Events
CO Bluegrass Events
Beaver Creek
Gypsum
Eagle
Vail
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – December 2025 & January 2026 data
DATE: February 13th, 2026
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for December 2025 and the recreation fees, real estate transfer tax, and use tax for
CH revenues for January 2026.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for December revenues in 2025 and January 2026. Tax
revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget
variances are based on a 3-year average of actual revenues.
GENERAL FUND REVENUE SUMMARY:
Tax Revenue Comparison – 2024 v 2025: All taxes except the Cigarette Tax are favorable for 2025
compared to 2024. Below is a table which reflects the dollar change and percentage variance. Total
revenue for 2025 is reflecting a favorable variance to 2024.
2024 v 2025 YTD REVENUE COMPARISON
2024 2025 Dollar Variance Percentage
Variance
Sales Tax $13,122,177.55 $13,462,455.61 $340,278.06 2.59%
Acc. Tax $2,205,128.17 $2,265,726.70 $60,598.53 2.75%
Tobacco Tax $314,640.31 $324,907.72 $10,267.41 3.26%
Cigarette Tax $239,784.54 $210,018.00 ($29,766.54) (12.41%)
Rec Admissions $1,429,689.30 $1,431,570.96 $1,881.66 0.13%
Rec Program Fees $457,613.22 $476,829.82 $19,216.60 4.20%
TOTAL $17,769,033.09 $18,171,508.81 $402,475.72 2.72%
Page 2 of 11
Adopted Budget 2025 v Actual 2025: All taxes except Sales Tax reflect an unfavorable variance over
the 2025 budget. Rec Center revenue is favorable compared to the 2025 budget. Total revenue for 2025 is
reflecting a favorable variance to the 2025 budget. Below is a table which reflects the dollar change and
percentage variance.
COMMUNITY HOUSING REVENUE SUMMARY:
2025 REVENUE COMPARISON – BUDGET V ACTUAL
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $13,145,818.00 $13,462,455.61 $316,637.61 2.41%
Acc. Tax $2,458,503.00 $2,265,726.70 ($192,776.30) (7.84%)
Tobacco Tax $360,000.00 $324,907.72 ($35,092.28) (9.75%)
Cigarette Tax $245,000.00 $210,018.00 ($34,982.00) (14.28%)
Rec Admissions $1,254,000.00 $1,431,570.96 $177,570.96 14.16%
Rec Program Fees $438,340.00 $476,829.82 $38,489.82 8.78%
TOTAL $17,901,661.00 $18,171,508.81 $269,847.81 1.51%
2024 v 2025 YTD REVENUE COMPARISON
2024 2025 Dollar Variance Percentage
Variance
STR Tax for CH $1,000,117.25 $1,041,375.89 $41,258.64 4.13%
Use Tax for CH N/A $408,630.18 $408,630.18 N/A
TOTAL $847,995.78 $1,309,591.12 $461,595.34 54.43%
2025 REVENUE COMPARISON – BUDGET V ACTUAL
Budget 2025 Dollar Variance Percentage
Variance
STR Tax for CH $1,001,099.00 $1,041,375.89 $40,276.89 4.02%
Use Tax for CH $500,000.00 $408,630.18 ($91,369.82) (18.28%)
TOTAL $1,501,099.00 $1,450,006.07 ($51,092.93) (3.40%)
Page 3 of 11
REVENUE ANALYSIS:
Sales Tax: Revenues – December 2025: December sales tax revenues totaled $1,901,248.01. This is an
increase of $66,572 or 3.63% compared to December 2024 sales tax revenue of $1,834,675.
DECEMBER 2024 v DECEMBER 2025 SALES TAX COMPARISON BY INDUSTRY
December 2024 December 2025 Increase/Decrease
Home/Garden $111,934.65 $114,794.19 $2,859.54
Grocery/Specialty/Health $408,807.51 $410,853.73 $2,046.22
Sporting Goods Retail/Rental $183,955.70 $116,925.87 ($67,029.83)
Miscellaneous Retail $75,289.77 $82,653.41 $7,363.64
Accommodations $308,516.93 $285,823.73 ($22,693.20)
Restaurants/Bars $205,217.66 $203,001.45 ($2,216.21)
Other $52,050.96 $53,112.69 $1,061.73
Service Related $89,062.20 $131,869.89 $42,807.69
Liquor Stores $34,557.92 $20,525.75 ($14,032.17)
E-Commerce Retail $114,945.85 $120,849.06 $5,903.21
Manufacturing/Wholesale $59,914.92 $56,292.22 ($3,622.70)
Construction Related Services $139,589.56 $249,993.03 $110,403.47
Digital Media Suppliers/Sellers $22,062.97 $23,917.23 $1,854.26
Commercial/Industrial Equipment $28,768.98 $30,635.76 $1,866.78
Special Events $0.00 $0.00 $0.00
TOTAL $1,834,675.58 $1,901,248.01 $66,572.43
Sales Tax: December 2025 Budget v Actual Collections: December 2025 sales tax revenues totaled
$1,901,248.01. This is an increase of $17,683 over the December 2025 estimate of $1,883,564. This is
0.94% above the adopted 2025 budget (based on a 3-year average).
DECEMBER 2025 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2025 Budget 2025 Actual Dollar Variance Percentage Variance
December $1,883,564.57 $1,901,248.01 $17,683.44 0.94%
Page 4 of 11
Accommodation Tax: Revenues – December 2025: Accommodation tax revenues totaled $294,461 for
the month of December. This is a decrease of $29,122 or 9.00% compared to December 2024
accommodation tax revenues, which totaled $323,583. Accommodation tax collections by industry type for
December 2025 compared to December 2024 reported a decrease for Hotel, Vacation Rentals, and Time
Share.
DECEMBER 2024 v DECEMBER 2025 ACCOMMODATION TAX COMPARISON BY INDUSTRY
December 2024 December 2025 Increase/(Decrease)
Timeshares $48,085.89 $32,253.43 ($15,832.46)
Hotels $121,453.15 $104,217.87 ($17,235.28)
Vacation Rentals $154,044.76 $157,990.18 $3,945.42
TOTAL $323,583.80 $294,461.48 ($29,122.32)
1,734,151.62 1,999,495.89 1,804,560.24 1,834,675.58 $1,901,248.01
15.30%
-9.75%
1.67%3.63%
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
$2,200,000
2021 2022 2023 2024 2025
2021-2025 December Sales Tax Revenue Trend
Page 5 of 11
December 2025 Budget v Actual Collections: December 2025 accommodation tax revenues totaled
$294,461. This is a decrease of $27,075 compared to the December 2025 estimates of $321,536. This is
8.42% below the adopted 2025 budget (based on a 3-year average).
DECEMBER 2025 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2025 Budget 2025 Actual Dollar Variance Percentage Variance
December $321,536.54 $294,461.48 ($27,075.06) (8.42%)
Short Term Rental Tax for CH: Revenues – December 2025: STR Tax for Community Housing totaled
$140,403 for the month of December. This is a decrease of $11,717 or 7.70% compared to December
2024. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as
residential.
DECEMBER 2024 v DECEMBER 2025 STR TAX FOR CH COMPARISON BY INDUSTRY
December 2024 December 2025 Increase/(Decrease)
Timeshares $24,042.95 $16,126.72 ($7,916.23)
Hotels $53,417.90 $45,186.39 ($8,231.51)
Vacation Rentals $74,660.62 $79,090.63 $4,430.01
TOTAL $152,121.47 $140,403.74 ($11,717.73)
381,635 340,130 254,039 323,584 294,461
-10.88%
-25.31%
27.38%
-9.00%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2021 2022 2023 2024 2025
2021-2025 December Accommodation Tax
Revenue Trend
Page 6 of 11
Tobacco & Cigarette Tax: Revenues – December 2025: Tobacco tax revenues totaled $31,671 and
cigarette tax revenues totaled $17,871 for December 2025. Compared to December 2024 revenues, this is
an increase of $2,033 for tobacco tax revenues, which totaled $29,637 and a decrease of $2,475 for
cigarette tax revenues, which totaled $20,346. Vapes and all other miscellaneous tobacco products are
subject to the 40% tobacco tax rate.
31,159 35,848 34,560 29,638 31,671
15.05%
-3.59%
-14.24%
6.86%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2021 2022 2023 2024 2025
2021-2025 December Tobacco Tax Revenue
Trend
22,848 24,417 22,349 20,346 17,871
6.87%
-8.47%
-8.96%
-12.16%
-
5,000
10,000
15,000
20,000
25,000
30,000
2021 2022 2023 2024 2025
2021-2025 December Cigarette Excise Tax
Revenue Trend
Page 7 of 11
December 2025 Adopted Budget v Actual Collections: December 2025 tobacco and cigarette tax
revenues totaled $31,671 and $17,871, respectively. This is a decrease of $3,036 over the December
2025 budget for tobacco tax, which is $34,708 and a decrease of $4,262 over the December 2025 budget
for cigarette tax estimates, which is $22,133 which is based on a 3-year average.
DECEMBER 2025 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2025 Budget 2025 Actual Dollar Variance Percentage
Variance
Tobacco $34,708.15 $31,671.49 ($3,036.00) (8.75%)
Cigarettes $22,133.16 $17,871.00 ($4,262.16) (19.26%)
Total ($7,298.82)
Use Tax for Community Housing: Revenues – January 2026: There no use tax for community housing
collected in the month of January 2026. Compared to January 2026 estimate of $33,333, this is a
decrease of $33,333.
JANUARY 2025 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES
2025 Budget 2025 Actual Dollar Variance Percentage
Variance
Use Tax for CH $33,333.33 $0.00 ($33,333.33) (100.00%)
Page 8 of 11
Real Estate Transfer Tax: Revenues – January 2026: January 2026 real estate transfer tax totaled
$344,469. Compared to January 2025, which totaled $216,063, this is an increase of $128,406. This is an
increase of $151,987 over the January 2026 budget which was based on a 3-year average.
2026 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2026 Budget 2026 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $192,481.83 $344,469.62 $151,987.79 78.96%
Real Estate Transfer Tax: Revenues 2026: 2026 real estate transfer tax totals 344,469. Compared to
2025, which total $216,063, this is an increase of $128,406. This is an increase of $151,987 compared to
the 2026 budget which was based on a 3-year average.
2026 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2026 Budget 2026 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $192,481.83 $344,469.62 $151,987.79 78.96%
2025 Actual 2026 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $216,063.00 $344,469.62 $128,406.62 59.43%
$153,012 $131,647 $376,122 $216,063 $344,470
-13.96%
185.70%
-42.56%
59.43%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2022 2023 2024 2025 2026
Real Estate Transfer Tax January Revenue Trends
Page 9 of 11
Recreation Center Fees: Revenues – January 2026 Admissions & Program Fees: Recreation
admission revenues for January 2026 totaled $132,759 is an increase of $12,602 compared to January
2025 which totaled $120,156. This is $21,318 above the adopted 2026 budget estimates of $111,440.
Recreation program fee revenues for January 2026 totaled $34,090. This is a decrease of $710 compared
to 2025, which totaled $34,801. This is $1,757 above the adopted 2026 budget estimates of $32,333,
which is calculated based on a 3-year average.
76,597 103,331 120,769 120,157 132,760
34.90%
16.88%
-0.51%
10.49%
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
2022 2023 2024 2025 2026
Recreation Admissions January Revenue Trends
$20,005 $20,808 $36,303 $25,848 $34,091
4.01%
74.47%
-28.80%
31.89%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2021 2022 2023 2024 2025
Recreation Program Fees January Revenue
Trends
Page 10 of 11
New and Renewed Business and STR Licenses – 2025 v 2026: The total number of 2026 business
licenses issued for January was 96. This was down 28 licenses or 22.6% for the year to date. The total
number of STR licenses issued through January was 31. Compared to 2025 the STR licenses were down 7
licenses or 18.4% for the year.
-
20.00
40.00
60.00
80.00
100.00
120.00
Business License - Vendor Business License - Fixed
Location
Business License - Home
Occupation
Business License - Special
Event
Business Licenses Issued 1/1 -1/31
2024 2025 2026
2025 v 2026 – BUSINESS AND STR LICENSES – YEAR TO DATE
2025 2026 License
Variance
Percentage
Variance
Business License - Vendor 100 73 (27) (27.0%)
Business License – Fixed Location 18 19 (1) (5.3%)
Business License – Home Occupation 5 5 0 0.0%
Business License – Special Event 0 0 0 0.0%
TOTAL BUSINESS LICENSES 96 124 (28) (22.6%)
STR License 31 38 (7) (18.4%)
Page 11 of 11
EXPENDITURES: January 2026
General Fund YTD Actuals v 2026 Budget: General Fund expenditures through January 2026 total
$2,424,968 which is 9.01% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2026 Budget: Mobility Fund expenditures through January 2026 total
$277,163 which is 9.47% of the total adopted budget. These expenditures include the cost for wages,
health benefits, consulting services, and utilities.
Fleet Maintenance YTD Actuals v 2026 Budget: Fleet Maintenance expenditures through January 2026
total $143,771 which is 5.87% of the total adopted budget. These expenditures include wages, health
benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2026 Budget: The Capital Improvement expenditures through
January 2026 total $30,104 which is 0.16% of the total adopted budget.
Thank you,
Dean
0
5
10
15
20
25
30
35
40
STR License
STR Licenses Issued 1/1 -1/31
2023 2024 2025
970-748-4091 pliermann@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner
RE: Deed Restricted Community Housing Programs Update
DATE: February 10, 2026
SUMMARY: This report provides the 4th Quarter 2025 update on each of the available buy-down programs
and the overall deed restricted inventory. No Council direction is sought, and this report is for informational
purposes.
BACKGROUND: Price Capped Deed Restricted inventory began in 1991 and steadily increased
throughout the late 1990’s and early 2000’s. Resident Occupied units were added starting in 2012 through
Community Housing inclusionary zoning. Buy-down programs were introduced in 2020 to help local
residents achieve homeownership by providing a monetary contribution in exchange for recording a deed
restriction at closing. There are now three buy-down programs available in Avon: Mi Casa Avon (est.
2020), Municipal Employee Home Ownership Program (est. 2024), and Good Deeds Avon (est. 2025).
2025 BUY-DOWN PROGRAM FUNDING:
Total Buy-Down Program Funds Budgeted Committed Balance
Mi Casa / Good Deeds Avon $ 1,685,328 $ 1,662,435 $ 22,893
MEHOP $ 375,000 $ 250,000 $ 125,000
Total Funds $ 2,060,328 $ 1,912,435 $ 147,893
REVIEW OF PROGRAM PERFORMANCE
The 2025 Annual Budget was $1,060,328 for Mi Casa Avon and $1,000,000 for MEHOP ($2,060,328 total).
The Good Deeds Avon partnership commenced mid-year 2025. Initially, $375,000 in funds were
reallocated from Municipal Employee Home Ownership Program (“MEHOP”) to bolster the Mi Casa / Good
Deeds Avon fund. Demand for Good Deeds Avon was high, so another $250,000 was reallocated from
MEHOP to Mi Casa / Good Deeds Avon in October 2025 to continue the program. Funds were exhausted
by mid-October, and Mi Casa / Good Deeds Avon closed until January 2026.
MI CASA AVON: This program provides a 12% financial contribution towards a buyer’s purchase
(maximum of $100,000) with no maximum purchase price, in exchange for recording a Resident Occupied
Deed Restriction at closing.
Annual Funding: 2025 Annual Budget was $1,685,328. There were 7 closed transactions.
GOOD DEEDS AVON: This partnership program with Eagle County Housing & Development Authority
(“ECHDA”) provides a 30% financial contribution toward a buyer’s purchase in Avon, with a maximum
purchase price of $1,250,000, in exchange for recording a Price Capped Deed Restriction.
Annual Funding: This program began mid-year 2025 and shared funds with the existing Mi Casa Avon
budget. There were 10 closed transactions.
Page 2 of 3
970-748-4091 pliermann@avon.org
Total Funds 2025 $ 1,685,328 100%
Funds Awarded 2025 - Mi Casa Avon $ 413,460 25%
Funds Awarded 2025 - Good Deeds Avon $ 1,248,975 74%
Funds Remaining $ 22,893 1.4%
Mi Casa Avon Program Use:
Mi Casa Avon Resales, Listings, Rentals, and Leave of Absence Tracking:
2021 2022 2023 2024 2025
Resales 0 1 1 1 1
Listings 0 0 2 0 3
Rentals 0 0 1 (LOA) 1 3
Leave of Absence 0 1 1 0 0
Good Deeds Avon Program Use:
MUNICIPAL EMPLOYEE HOME OWNERSHIP PROGRAM (“MEHOP”): This program provides a 30%
financial contribution toward a Town of Avon municipal employee’s purchase in Avon or EagleVail, in
exchange for recording a Price Capped Deed Restriction. The maximum purchase price is $1,250,000.
Annual Funding: 2025 Annual Budget was $325,000. There was 1 closed transaction.
Total Funds 2025 $ 375,000 100%
Funds Awarded 2025 $ 250,000 67%
Funds Remaining $ 125,000 33.3%
Unit
Count
Available
Contribution
Contribution Spent Average
Contribution
Average Sales
Price
2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500
2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142
2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344
2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333
2024 8 $1,874,558 $ 664,220 $ 83,028 $ 695,938
2025 7 $1,685,328 $ 413,460 $ 59,066 $ 492,214
Total 56 $ 3,753,122 $ 68,239 $ 574,715
Unit
Count
Available
Contribution
Contribution Spent
(Avon)
Average
Contribution (Avon)
Average
Sales Price
2025 10 $1,685,328 $ 1,248,975 $ 124,897 $ 832,650
Page 3 of 3
970-748-4091 pliermann@avon.org
Deed Restricted Housing Activity (excludes Mi Casa, MEHOP, Good Deeds)
2025 Resale Listings Leave of Absence
Resident Occupied Units 1 0 0
Price Capped Units 4 0 1
Community Housing Inventory
Price Capped Units Number Resident Occupied Units Number
Chapel Square 8 Gandorf 1
Grandview 12 One Riverfront 1
Falcon Point/Lakeside Terrace 3 Riverfront Lodge 2
Lodge at Brookside 3 Frontgate 2
Sheraton Mt Vista 22 Kestrel 1
Wildwood TH 17 Mi Casa Avon 56
Good Deeds Avon 10
MEHOP 2
Total 77 63
Thank you, Patti
Unit
Count
Available
Contribution
Contribution Spent Average
Contribution
Average Sales
Price
2024 1 $ 750,000 $ 250,000 $ 250,000 $ 849,000
2025 1 $ 375,000 $ 250,000 $ 250,000 $ 850,000
Total 2 $ 500,000 $ 250,000 $ 849,500