TC Packet 03-24-2026 REV 2_____________________________________________________________________________________
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, March 24, 2026 – Packet Updated 3/23/2026
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or
virtually through Zoom, Zoom registration is on the header at Avon.org
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. CONSENT AGENDA
5.1. Approval of February 24, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. Approval of March 10, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
6. BUSINESS ITEMS
6.1. ACTION: Parking Management in Avon (Town Manager Eric Heil)
6.2. PRESENTATION: Shop with a Cop Community Awards (Chief of Police Greg Daly)
6.3. PUBLIC HEARING (QUASI-JUDICIAL): ORDINANCE 26-02, Second Reading: PUD23002 |
VPR23001 Village at Avon PUD Amendment & Vested Rights Extension (Community
Development Director Matt Pielsticker)
6.4. ACTION: Pause the Avon Recreation Center Aquatic Refurbishment Project (Town Manager Eric
Heil)
7. WRITTEN REPORTS
7.1. March 9th Planning & Zoning Commission Abstract (Development Coordinator Emily Block)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall
permit public comments during any agenda item and may limit public comment to three minutes per individual,
which limitation may be waived or increased by a majority of the quorum present. The timer for public
comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public
Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution
No. 24-17.
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, MARCH 24, 2026
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – Comments Are Welcome on Items Not Listed on the Following Agenda . An initial three
(3) minute limit allotted to each person wishing to speak. Speakers may also request up to one (1) additional
minute at the end of the three (3) minutes to complete their public comment , which may be approved by
majority of the Authority.
5. PUBLIC HEARING (QUASI-JUDICIAL) FOR A SPECIAL EVENTS LIQUOR PERMIT
5.1. APPLICANT NAME: WALKING MOUNTAINS
EVENT: COMMUNITY WATER PANEL
DATE AND TIME: 5:30 P.M. – 8:00 P.M. ON APRIL 14, 2026
LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT
MANAGER: HANNAH REMKE
6. APPROVAL OF THE MINUTES – February 10, 2026 (Authority Secretary Miguel Jauregui Casanueva)
7. WRITTEN REPORT
7.1. Report on Recent Administrative Approvals (Authority Deputy Secretary Brenda Torres)
8. ADJOURNMENT
970-748-4022 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Deputy Town Clerk | Liquor Licensing
Authority Deputy Secretary
RE: PUBLIC HEARING (Quasi-Judicial) for Special Event Permit
Application – Community Water Panel
DATE: March 11, 2026
SUMMARY: Walking Mountains, as the Applicant, is applying for malt, vinous, spirituous liquor permit to
serve/sell beverages at the Community Water Panel special event on April 14, 2026.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all
materials are in order. Documents are on file in the Town Clerk’s office.
The 318 Walking Mountains Lane premises have been posted with notice of the public hearing for this
application, and no public comments were received. The event manager will be present to answer questions
about the application and the event. The Applicant has adequate proof of commercial liability insurance t hat
meets Town requirements and has obtained any other permit needed for this event. Background checks
show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special
event permits issued to the Applicant this calendar year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types
of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in
connection with public events. Avon has adopted the local option whereby applications are made directly to
the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar yea r. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location within
the community, or the failure of the applicant in a past special event to conduct the event in compliance with
applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local
Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming Community
Water Panel special event. A public hearing is required before final action is taken.
Applicant Name: Walking Mountains
Event Name: Community Water Panel
Event Date: April 14, 2026
5:30 p.m. – 8:00 p.m.
Location: 318 Walking Mountains Lane
Event Manager: Hannah Remke
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the Community Water Panel special event on April 14, 2026 from 5:30 p.m. to
8:00 p.m.”
Thank you, Brenda
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, FEBRUARY 10, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 1
1. CALL TO ORDER AND ROLL CALL
The Avon Local Liquor Licensing Authority Board Meeting was hosted in a hybrid format, in-person at Avon Town
Hall and virtually via Zoom.us. Chair Tamra N. Underwood called the February 10, 2026, Avon Local Liquor
Licensing Authority Board Meeting to order at 5:00 p.m. A roll call was taken, and Board Members present in
person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Vice-Chair Richard Carroll,
and Chair Tamra N. Underwood. They were joined in person by Town Manager Eric Heil, Deputy Town Manager
Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Board Secretary
Miguel Jauregui Casanueva, and Board Deputy Secretary Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:27
Chair Underwood initiated the agenda approval process. Board Member Stanley moved to approve the Liquor
Licensing Authority agenda as presented, and Board Member Hardy seconded the motion. The motion passed
unanimously, 7-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:45
Chair Underwood inquired whether any Board members had conflicts of interest related to the Agenda and no
conflicts were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:03
Chair Underwood explained that public comment may be provided in person, via Zoom audio or video, by
telephone, or by email. She noted that the public comment period is reserved for items not listed on the agenda
and that comments are limited to three minutes per speaker. She then asked whether any public comment was
offered by those present in the room or participating virtually. No public comment was received.
5. PUBLIC HEARING (QUASI-JUDICIAL) FOR RENEWAL
Video Start Time: 00:01:42
5.1. Applicant: Pho 20 LLC d/b/a Pho 20
Location: 47 Beaver Creek Blvd Units #C13 & C14
Type: Hotel & Restaurant (City)
Manager: Cong Hoang
Deputy Secretary Brenda Torres presented the findings related to the renewal application and noted that a
violation had occurred within the twelve months preceding the renewal. Secretary Jauregui Casanueva presented
an overview of the renewal application, including a timeline of the violation that occurred on May 15, 2025, when
the applicant failed to verify that a purchaser was at least 21 years of age and sold a 12-ounce bottle of Modelo
to a 19-year-old Liquor Enforcement Division underage operative. He also summarized the related stipulation,
fine, and sanctions.
Pho 20 Manager Cong Hoang attended in person and responded to questions from the Board. He explained that
the establishment has implemented additional age-verification signage, including two metal placards stating
“Please be prepared to show ID—no one under 21 will be served,” and signage at the register stating “Age 21
today’s date: 2005” to assist staff in verifying identification. Mr. Hoang presented examples of the new signage
to the Board.
AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, FEBRUARY 10, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Page 2
Chair Underwood opened the public hearing; no public comment was received, either in person or virtually. Board
Member Thuon moved to approve the application, seconded by Vice-Chair Carroll. The motion passed
unanimously, 7-0.
5.2. Applicant: Nozawafusion Inc d/b/a Fuji Mt Sushi & Hibachi
Location: 240 Chapel Place Units #B115 & B116
Type: Hotel & Restaurant (City)
Manager: Vicky Lin
Deputy Secretary Brenda Torres presented the findings related to the application for a new liquor license.
Secretary Jauregui Casanueva presented an overview of the application, including a timeline noting that any
approval of the new license would become effective on February 12, 2026.
Fuji Mt. Sushi & Hibachi Manager Vicky Lin attended in person and responded to questions from the Board at
the podium. She described the challenges of operating the restaurant without a liquor license and expressed her
hope that the application would be approved.
Chair Underwood opened the public hearing; no public comment was received, either in person or virtually. Board
Member Thuon moved to approve the application, seconded by Board Member Hardy. The motion passed
unanimously, 7‑0.
6. APPROVAL OF THE MINUTES FROM THE JANUARY 13, 2026 MEETING
Video Start Time: 00:22:25
Vice-Chair Carroll moved to approve the minutes from Tuesday, January 13, 2026, as presented. Board Member
Hardy seconded the motion. The motion passed unanimously, 7-0.
7. WRITTEN REPORT
7.1. Report on Recent Administrative Approvals (Deputy Secretary Brenda Torres)
Chair Underwood acknowledged receipt of the report and thanked Deputy Secretary Torres for the information
provided.
8. ADJOURNMENT
The Avon Liquor Licensing Authority Meeting adjourned at 5:23 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are
not intended to be comprehensive or to include each statement, person speaking or to portray with complete
accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town
Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
____________________________________________
Miguel Jauregui Casanueva, Liquor Authority Secretary
APPROVED:
Tamra N. Underwood ___________________________________
(970) 748-4022 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Deputy Town Clerk | Liquor Licensing
Authority Deputy Secretary
Date: March 12, 2026
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background check and there are no liquor code violations during the last year. Renewals require notice to be
posted for seven days, and Special Event Permits for ten days and require the Town Clerk’s Office to accept
comments and/or requests for a public hearing before the Avon Liquor Licensing Authority. In all cases, the
Deputy Town Clerk has the discretion to refer the application to the Avon Liquor Licensing Authority.
The Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary is required to report administrative
approvals, which is the reason for this written report. Dating back to February 10, 2026, the Town has received
1 renewal application that has met all the requirements for administrative review and approval and was
ultimately approved by the Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary. No comments,
complaints, or request for hearings were received. It is as follows:
Renewals:
Applicant: Fiesta Jalisco Numero Tres LLC d/b/a Fiesta Jalisco
Location: 240 Chapel Place #B12
Type: Hotel & Restaurant (City)
Manager: Jose Rodriguez
Thanks,
Brenda
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 24, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was held in a hybrid format, in person at Avon Town Hall and virtually via Zoom. Mayor Tamra
N. Underwood called the Regular Council Meeting of February 24, 2026, to order at 5:00 p.m. At rollcall,
Councilors present in person were Chico Thuon, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro
Tem Richard Carroll, and Mayor Tamra N. Underwood. Councilor Gary Brooks attended virtually. Also
present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina
Williams, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul Redmond, Recreation Director
Michael Labagh, Engineering Director Eva Wilson, Community Development Director Matt Pielsticker, IT
Director Andrew Bare, and Police Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:10
Mayor Underwood opened consideration of the Agenda. Mayor Pro Tem Carroll moved to approve the
agenda as presented. Councilor Hardy seconded the motion. The motion passed unanimously, 7–0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:50
Mayor Underwood asked whether there were any conflicts of interest related to agenda items. None were
disclosed. Mayor Underwood noted that, although not a conflict, she received mailed notice of the public
hearing for Item 5.1 as a resident within 300 feet of the subject property.
4. PUBLIC COMMENT
Video Start Time: 00:03:30
Mayor Underwood explained the public comment process, noting that comments could be provided in
person, via Zoom, by telephone, or by email. Public comment was limited to items not listed on the agenda,
with a three‑minute time limit per speaker and an additional minute at Council’s discretion.
Jason Boston, an Eagle County resident, addressed Council in person, announced his candidacy for Eagle
County Sheriff, and provided his professional background. Tim McMahon, an Eagle County resident,
attempted to provide public comment but was unable to due to technical difficulties. No additional public
comment was received in person or virtually.
5. CONSENT AGENDA
Video Start Time: 00:09:15
Mayor Underwood introduced the Consent Agenda, which included:
5.1. ACTION: 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)
Mayor Pro Tem Carroll moved to approve the Consent Agenda as modified to add to the scope of Building
Code Updates consideration of Appendix D of the International Fire Code (within Item 5.3). Councilor Hyatt
seconded the motion. The motion passed unanimously, 7–0.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 24, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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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)
Video Start Time: 00:13:00
Mayor Underwood reopened the public hearing on Ordinance 26‑02. Community Development
Director Pielsticker presented an overview of the Village at Avon Planned Unit Development
Amendment and Vested Property Rights Extension request.
Council considered supplemental information and updates to the application, which represented the
third Council public hearing and the fifth overall hearing including Planning and Zoning Commission
review. Significant changes had occurred since the January 27, 2026, hearing. Application materials
were included in the February 24, 2026, Council packet.
Mayor Underwood directed the Town Clerk to republish the Council packet with a public comment
addendum to include two written comments received after packet publication.
Representatives for the applicant Traer Creek LLC, including Michael Lindholm, Marcus Lindholm,
and Allison Kent, presented in person. Council had questions including regarding community
housing, height reductions, development bonuses, short‑term rentals, engineering grades, fire code
implications, water tank triggers, vested rights, and unit distribution.
Mayor Underwood opened the public hearing to public comment. The following public comments
were received:
Kathleen Walsh, an Avon resident, addressed Council in person and stated that she had submitted
a written letter. She acknowledged that the Town has worked hard but expressed concern that Traer
Creek offered a half-acre conveyance in an effort to advance the amendment after 28 years. She
stated that past development outcomes, including Home Depot and Walmart, did not reflect what
was originally promised, and that anticipated changes had not materialized. She added that the Town
remains responsible for employee housing, which she felt the applicant was taking credit for, and
urged Council to deny the PUD amendment, stating that she did not believe it would provide a public
benefit.
Thomas Walsh, an Avon resident, addressed Council in person in opposition to the PUD amendment,
stating that it should have been completed previously. He asserted that density was being rearranged
rather than reduced and that the proposal did not reflect the original vision for the area. He spoke
about trust, noting that the level of engagement observed at this hearing had not occurred previously,
and stated that a half-acre conveyance was insufficient. He emphasized that community housing is
an obligation rather than a gift and stated that the Town has other tools to shape growth. He asked
Council to reject the amendment and hold the developer to prior commitments.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 24, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Amy Phillips, an Avon resident, addressed Council in person and thanked Council for explaining the
complexity of the proposed water infrastructure. She stated that the Town is planning for significant
density over the next 20 years, including multiple large developments that could more than double
the Town’s footprint and visual impact. She encouraged Council to avoid repetitive high-density
urban forms and to promote greater diversity of development on the valley floor. She stated that
several aspects of the proposal represented steps in the right direction and noted that the Preserve
area represents approximately one-third of Miller Ranch, or just under 300 units. She expressed
general support for the Town’s current direction.
Brent Dorfman addressed Council in person and stated that he is familiar with the developer. He
expressed the view that the applicant had met the Town’s requests and that Council should give
weight to staff’s analysis and recommendations.
Graham Frank, an Eagle County resident and Frontgate owner, addressed Council in person and
stated that Council and staff had thoroughly analyzed the application, including the numerous
amendment items. He expressed support for development that involves balanced compromises and
stated that, based on his review, the applicant had responded to Council and staff direction between
application iterations. He acknowledged the public comments but stated that, in his experience, Town
staff had conducted an exceptional review process and recommended approval based on negotiated
tradeoffs.
Bette Todd, an Avon resident, addressed Council virtually. She stated that height and density issues
had been addressed to her satisfaction and asked how future PUD amendments would be handled
if height changes were requested. She also stated that she believed the fire code issues had been
resolved through a public process and expressed concern about amending the fire code without
additional public input.
No additional public comment was received in person or virtually.
Following the close of public comment, Council entered deliberations on individual PUD Amendment
items, the Vested Rights Extension request and discussed their review criteria. Height, density,
community housing, short‑term rentals, and subdivision were among the Council’s review and
discussion.
Amendment Items 1–3 (re Community Housing): Council discussed review criteria (i), (ii), and
(iii), with particular focus on height reductions and the community housing proposals. Mayor Pro Tem
Carroll stated that review criteria (i)–(iii) were the most challenging but supported Amendment Items
1–3. Councilors Stanley, Thuon, Hyatt, and Brooks expressed support for Items 1–3, noting the
proposed height reductions. Councilor Hardy supported Items 1 and 3 but opposed Item 2, stating
that Lot CH-1 would be more appropriate for educational use rather than community housing. Mayor
Underwood expressed support for reduced height and stated that in Item 1 further information was
needed regarding affordability levels and price caps for deed‑restricted units in the Village at Avon.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 24, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Amendment Item 4 (re Development Bonus): After deliberation, Council respectively expressed
that they were in favor of the development bonus amendment.
Amendment Item 5 (re Short‑Term Rental Overlays): Council discussed short‑term rental limits,
particularly within Planning Area A (PA‑A). Councilors Thuon and Stanley supported the proposal.
Councilor Hyatt expressed concern regarding the STR cap in PA‑A. Councilor Hardy opposed the
item, stating she did not support additional STR overlays beyond use‑by‑right allowances. Councilor
Brooks expressed general support, noting many units function as condo‑hotels and supported
limiting STRs in PA‑A. Mayor Pro Tem Carroll stated that STRs provide community benefit and
supported the proposal. Mayor Underwood stated she sought balance and supported a more
neighborhood‑oriented approach for PA‑A, suggesting a lower percentage cap or perhaps limited
STR licenses within 250’ of the railroad tracks.
Amendment Item 6 (re Engineered Grade): After deliberations, a majority of Council expressed
they were in favor.
Amendment Item 7: Request withdrawn by co-applicants prior to public meeting.
Amendment Item 8 (re PA-A Height Increase): Councilors Hardy, Carroll, Stanley, Hyatt, Thuon,
and Brooks expressed they were in favor of this amendment. Mayor Underwood opposed the item
and requested further limitation related to the number of floors.
Amendments 9, 10, 11, 12, 13 & 14: Request withdrawn by co-applicants prior to public meeting.
Amendment Item 15 (re PA-J Front Setback): Council expressed unanimous support.
Amendment Item 16 (re PA-J Height Increase): Councilors Hyatt, Brooks, Stanley, Carroll, Thuon,
and Hardy expressed they were in favor of this Amendment, with a maximum of 5-stories. Mayor
Underwood opposed the Amendment, citing concern with the proposed 60‑foot height on the east
side of PA-J.
Amendment Item 17: Request withdrawn by co-applicants prior to public meeting.
Amendment Item added under number 19 (re Subdivision Review): Council expressed
unanimous support. Mayor Underwood noted that the item had been raised during the public hearing
but was not included in the original list of 18 amendment items and was deliberated prior to
Amendment Item 18.
At 8:57 p.m., Council recessed for a ten-minute break and resumed the meeting at 9:07 p.m.
Amendment Item 18 (re Vested Rights Extension): Council deliberated on the proposed vested
rights extension with discussion focused on the northern hillside water system infrastructure timing,
trigger mechanisms, and performance‑based vesting. Councilors Thuon, Hardy, Hyatt, Stanley, and
Brooks expressed support for the extension citing the phased development approach, clarification
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 24, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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regarding water infrastructure timing, and the importance of ensuring housing does not outpace
infrastructure. Councilor Brooks emphasized the complexity and long lead times associated with
water tank design and construction and supported the proposed 2039 funding commitment as an
appropriate safeguard and trigger. Councilor Stanley supported the extension while suggesting the
inclusion of interim benchmarks or progress reporting. Mayor Underwood supported an extension
with performance vesting but raised the need for more nuanced trigger mechanisms beyond funding
by 2039, including coordination with the Eagle River Water & Sanitation District and assurance to
the Town of Avon related to access and easements for Planning Area J in order to access its East
Avon Preserve. Mayor Pro Tem Carroll opposed the extension stating that the proposed trigger tied
to a single future date lacked sufficient precision and refinement. Following discussion, Council
expressed a 6–1 majority in support of the vested rights extension, subject to refinement of
performance-based and infrastructure-related trigger mechanisms, with Mayor Pro Tem Carroll
opposed.
Mayor Pro Tem Carroll moved to approve Ordinance 26-02 on first reading and to schedule the
second reading public hearing for March 24, 2026, with direction for the co-applicants to return with
a revised proposal addressing Council’s concerns pending approval of a 30-day extension. The co-
applicants formally consented to a 30-day extension through April. Councilor Hardy seconded the
motion, which passed unanimously, 7–0.
Mayor Pro Tem Carroll thanked staff and the applicant for their collaborative work and emphasized
the importance of precise legal documentation.
6.2. ACTION: Approval of Ticketed Fall Bluegrass Music Festival (Chief Cultural Officer Danita Dempsey)
Video Start Time: 04:15:20
Chief Cultural Officer Dempsey presented a proposal to host the Freefall Bluegrass Festival, a
three‑day ticketed music festival, at Harry A. Nottingham Park and the Avon Pavilion on October 9–
11, 2026. Festival promoter Diane Moody joined the meeting virtually to answer questions.
Staff outlined the proposed partnership, including $83,000 in direct Town support and approximately
$12,100 in in-kind services. The Town would recover costs through bar revenue and a $5 per ticket
per day Avon fee. The event is anticipated to draw more than 5,000 attendees per day.
Council discussed event timing, logistics, sanitation, and community impacts. No public comment
was received.
Council expressed support for the event, noting the selected dates, pricing, and anticipated
community benefits. Council unanimously directed staff to proceed with the festival.
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
Dennis)
7.3. Capital Improvement Plan 2025 Summary (Engineering Director Eva Wilson)
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 24, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 04:29:10
Councilor Stanley reported on discussions regarding a forthcoming curbside composting program for
Avon, anticipated to launch in March 2026 in partnership with regional waste service providers.
Mayor Pro Tem Carroll reported on a February 11 CORE Transit meeting, noting system performance at
approximately 99% efficiency.
Mayor Underwood shared highlights from a Youth Power field trip held in Council Chambers and noted
interest in scheduling a future event.
9. EXECUTIVE SESSION
Video Start Time: 04:33:15
Mayor Underwood requested a motion from her fellow councilors to proceed into Executive Session.
Councilor Hyatt motioned to retire into Executive Session:
9.1. For the purpose of the 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)
Councilor Hardy seconded the motion, which carried unanimously with a 7-0 vote. The time was 09:45 p.m.
At Executive Session roll call, all members of Council were present as indicated above except for Councilor
Brooks who was absent. Also present were Town Manager Eric Heil, Deputy Town Manager Patty
McKenny, and Town Attorney Nina Williams. The Executive Session commenced at 9:53 p.m. The
Executive Session adjourned at 10:05 p.m.
10. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the regular
meeting. The time was 10:05 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Underwood ___________________________________
AVON REGULAR MEETING MINUTES
TUESDAY MARCH 10, 2026
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was held in a hybrid format, in person at Avon Town Hall and virtually via Zoom. Mayor Tamra
N. Underwood called the Regular Council Meeting of March 10, 2026, to order at 5:00 p.m. At roll call,
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. Also present were 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, Recreation
Director Michael Labagh, Engineering Director Eva Wilson, Community Development Director Matt
Pielsticker, Planning Manager Jena Skinner, IT Director Andrew Bare, and Police Sergeant John Mackey.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:22
Mayor Underwood opened consideration of the Agenda. Mayor Underwood requested that the Minutes
from February 24, 2026, Council Meeting be pulled from the agenda for further review and approval at the
March 24, 2026, Council Meeting. Councilor Thuon moved to approve the agenda, as amended. Councilor
Stanley seconded the motion. The motion passed unanimously, 7–0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:15
Mayor Underwood asked whether there were any conflicts of interest related to agenda items. None were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:35
Mayor Underwood explained the public comment process, noting that comments could be provided in
person, via Zoom, by telephone, or by email. Public comment was limited to items not listed on the agenda,
with a three‑minute time limit per speaker and an additional minute at Council’s discretion.
Tim McMahon, an Avon resident, addressed Council in person. He stated that shortly after the installation
of speed cameras in Avon, traffic appeared to slow; however, based on his observations, he does not
believe this has remained the case and requested additional information regarding speeding in those areas.
He also encouraged Council to consider hosting free concerts or other community activities during mud
season to help keep residents connected, noting the importance of such efforts in furtherance of suicide
prevention. Mr. McMahon further commented on the confusing condition of roadway striping along U.S.
Highway 6 near the Eagle Bend Apartments and invited Council to drive the area to better understand the
experience. No additional public comment was received in person or virtually.
5. CONSENT AGENDA
Video Start Time: 00:04:50
Mayor Underwood introduced the Consent Agenda, which included:
5.1. ACTION: Approval of February 24, 2026 Regular Council Meeting Minutes (Town Clerk Miguel
Jauregui Casanueva) This item was removed from the Consent Agenda for further review at
the March 24, 2026, Council Meeting.
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5.2. ACTION: Development Plan Extension – Lot 3 – Stonebridge Hotel (Planning Manager Jena
Skinner)
5.3. ACTION: Draft Letter of Support to Office of Sen. Bennet for Forest Resources Accountability Act
(Chief Administrative Officer Ineke de Jong)
Councilor Thuon moved to approve the Consent Agenda, as amended, to remove Consent Agenda Item
5.1. Councilor Hyatt seconded the motion. The motion passed unanimously, 7–0.
6. BUSINESS ITEMS
6.1. PRESENTATION: Water Shortage Response and Education (Eagle River Water Sanitation District
Government and Public Relations Manager Lauren Snyder)
Video Start Time: 00:05:20
Eagle River Water & Sanitation District (ERWSD) General Manager Siri Roman delivered a
presentation, joined at the podium by Water Resources Manager Tim Friday, Water Conservation
Manager David Norris, and Government Affairs Supervisor Brian Thompson. Mayor Underwood
thanked the presenters for attending the meeting in person.
Tim Friday discussed snowpack levels (snow water equivalent), reservoir conditions, and runoff
timing, noting that peak outdoor irrigation demand typically coincides with the lowest river flows. He
explained that while current reservoir levels are sufficient to help supplement water supplies this
year, consecutive years of drought could pose challenges, making current conservation efforts
critical to future water security.
David Norris reviewed ERWSD’s tiered water pricing structure and presented data related to high
water users in Avon. He explained the District’s five water shortage stages, noting that the District is
currently in a preventive stage and that conservation actions taken this year will affect conditions in
future years. He further explained that ERWSD utilizes a five‑tier increasing block rate structure, with
lower tiers intended to cover essential indoor water use and progressively higher tiers designed to
discourage excessive and discretionary outdoor water use. Tier 4 and Tier 5 customers, typically
associated with high outdoor irrigation, may be subject to significantly higher rates and additional
charges depending on declared water shortage stages. Mr. Norris noted that the District is aware of
price insensitivity among some high‑use customers and is evaluating additional conservation tools,
including potential outdoor water shutoffs during extreme drought conditions.
Councilor Brooks suggested adding 2018 consumption data to the 2026 consumption and snowpack
forecast to improve comparability. Later, Councilor Brooks referenced a pilot program aimed at
replacing nonfunctional turf with water‑wise alternatives and suggested exploring collaboration with
Mountain Star to implement water‑wise landscaping that reduces water use, saves costs, and
supports pollinators.
Brian Thompson requested collaboration with the Town on water‑related communications and asked
for assistance strengthening enforcement of water scheduling regulations through civil infractions in
the municipal code. He also suggested exploring maximum limits on cool‑season turf for residential
properties and expressed interest in working with the Town to codify such regulations.
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Mayor Underwood asked Town Manager Eric Heil about the Town’s authority to regulate water use.
Mr. Heil responded that under municipal law, the Town cannot impose fines beyond the general
penalty. He noted that Avon is coordinating with the Town of Vail to pursue consistent regulations
and intends to share findings with Eagle County, acknowledging that home rule municipalities have
greater regulatory flexibility.
Councilor Stanley shared a personal experience with a sprinkler malfunction the previous year and
encouraged residents to monitor their water bills, including those on autopayment. At the Mayor’s
request, David Norris described the Water Smart Program, which allows customers to monitor water
use in real time, and discussed a pilot program involving meter upgrades that can restrict water flow.
Councilor Stanley asked when ERWSD would return to present to Council; Mr. Norris responded that
a follow‑up presentation would occur after the summer season. She also asked when the new water
schedule would be released, and he stated it would be included with the May billing cycle.
Mayor Underwood opened the floor to public comment. Margaret Pacienza, an Avon resident, spoke
in person and asked whom to contact when water leaks or sprinkler malfunctions are observed in
Town. She requested that a phone number be posted on the Town’s website. Mr. Norris responded
that ERWSD will provide a complaint form on its website (erwsd.org) under the “Customer” or “My
Water” tab and that concerns can also be reported through ERWSD Customer Service Department.
He stated ERWSD would remain in contact with the Town regarding any reported leaks. No additional
public comment was received in person or virtually.
Mayor Underwood asked Town Manager Eric Heil whom the public should contact regarding
observed water waste on public property. Mr. Heil advised that such reports would fall under Public
Operations and that additional information would be provided.
Planning Manager Jena Skinner addressed Council in person to discuss limitations on artificial turf
in Avon and invited the public to engage with the Planning Department regarding turf replacement.
Mayor Underwood opened the floor to public comment. Tim McMahon, an Avon resident, addressed
Council in person to ask how renters could also be encouraged to conserve water. No additional
public comment was received in person or virtually.
Staff responded that conservation messaging will be distributed through multiple channels, including
communications to homeowners’ associations and property managers, and through partnerships
with CDOT using I‑70 variable message signs.
As this item was a presentation to Council, no motion was requested, and Council provided feedback
to ERWSD staff.
AVON REGULAR MEETING MINUTES
TUESDAY MARCH 10, 2026
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6.2. PUBLIC HEARING (QUASI-JUDICIAL): MJR25003 | DEB25001 The Summit at Avon (Planning
Manager Jena Skinner)
Video Start Time: 00:56:56
Mayor Tamra N. Underwood re-opened the public hearing for The Summit at Avon (Lot B) and
outlined the structure of the hearing, the anticipated timeline for potential action, and a summary of
prior Council review.
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 updated
proposal for development within the Town Center. Ms. Skinner stated this was the third public hearing
for the Major Development Plan and that revisions included updates to certain architectural
treatments, adjustments related to parking for community housing units, revised proposed
conditions, and consideration of a potential on-site car-sharing program.
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.
Alan Simpson provided a presentation consistent with the applicant’s February 10, 2026 presentation
and proceeded with additional updates. Andrew Lane presented updates regarding architectural
elements since February 10, 2026.
Ms. Skinner stated staff believed the updated proposal addressed Council feedback from the prior
meeting and invited questions from Council. Council discussion included questions from Councilor
Hardy regarding design details, including corbels and gables, and related rationale.
Mayor Underwood invited Don Simpson to address the proposed car-sharing concept. Mr. Simpson
described the concept as a potential pilot program and stated the applicant would consider
subsidizing the program during an initial pilot period to evaluate usage and viability. Mayor
Underwood asked Mr. Simpson to address why the applicant could not increase parking for the
community housing component. Mr. Simpson stated that increasing parking for those units would
reduce efficiency and impact the project’s overall parking ratios. He further referenced coordination
with Vail Health regarding anticipated reliance on public transportation for deed-restricted units and
stated that the original surface parking concept was developed through negotiations related to retail
parking needs, including relocating certain spaces from the garage to surface parking.
Mayor Underwood asked the applicant to clarify parking spaces described as ‘restored’ rather than
newly constructed, including discussion regarding 11 spaces and the broader parking arrangement
intended to provide a total of 80 spaces for Avon Center through reciprocal easements. Alan Simpson
and Don Simpson provided additional clarification regarding the parking changes, including that
certain spaces would be temporarily suspended during construction and reactivated upon completion
as part of the parking arrangement.
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Mayor Underwood asked about the dwelling-unit configuration for the 16 community housing units
anticipated for Town purchase (of 20 total community housing units). Mr. Simpson stated the specific
unit configurations had not yet been determined.
Mayor Underwood asked Ms. Skinner to summarize changes to the proposed conditions reflected in
the packet (including revisions on pages 32–33). Ms. Skinner stated revisions included, among other
items, updated language providing Town review/approval related to the mural.
Mayor Underwood asked Town Manager Eric Heil about the timing and financing considerations for
the Town’s purchase of 16 community housing units and other contemplated expenditures
referenced in the staff packet. Mr. Heil stated staff had begun preliminary discussions with lenders
and that timing would depend on project permitting and financing milestones. He stated staff
anticipated greater clarity on financing later in 2026 and described the intent to structure the Town’s
participation to protect the Town’s financial position, including through provisions in a development
agreement. He also discussed that certain components could be eligible for tax-exempt financing.
Mayor Underwood requested clarification regarding the timing and adoption of a parking
management agreement between the properties. Mr. Heil stated the agreement had not yet been
reviewed and anticipated it would be addressed later in the process, noting the Town’s interest in
ensuring the agreement is functional.
Councilor Hardy asked staff questions regarding parking ratios for comparable properties and the
proposed project, including questions regarding employee/staff parking allocation. Staff responded
that the proposal included 180 parking spaces for 164 residential units and that staff/employee
parking allocation was limited. Councilor Hardy asked questions regarding the affordability metrics
and requested rent estimates associated with 120% AMI; staff provided example rent figures.
The applicant team presented updated project information and renderings and described challenges
associated with developing the remaining undeveloped parcel in the Avon Town Center.
Mayor Underwood opened the public hearing to public comment.
Tim McMahon, an Avon resident, addressed Council in person. He stated that, in his view, the
proposed rents did not appear affordable and questioned whether 120% AMI is an appropriate metric
for local wages, particularly for single-income households.
Brett Hooper, a local business owner, addressed Council. He stated that the proposed parking supply
was insufficient and expressed concern that spillover parking could affect surrounding businesses
and the Town Center.
Ian Grask, an Avon resident, addressed Council. He stated that the discussed rent levels were high
and expressed concern that AMI-based pricing would not produce housing affordable for local
renters.
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Dan Griffith, an Avon resident, addressed Council and read comments into the record regarding the
Avon Center Board’s authority and approval requirements under its governing documents. He stated
that agreements affecting undivided interests in common elements would require approval by a
supermajority of owners and expressed concern that the parking arrangement would reduce parking
and property value for Avon Center owners.
Ellen Crosby, an Avon resident, addressed Council. She stated that Avon Center owners were not
opposed to development of Lot B, but expressed concern regarding loss of parking and disputed
statements that Avon Center is overparked.
Chris Doyle, an Avon businessowner, addressed Council. He stated that parking is a concern but
encouraged a holistic approach to allow the project to proceed and expressed a desire for creative
solutions to balance parking needs.
Tony Emrick, an Avon resident, addressed Council on behalf of the Avon Center HOA Board. He
stated that the agreement involves easements and that, in his view, it does not constitute a loss of
land. He stated that the HOA had followed legal guidance and that the agreement is already in
escrow.
Tom Crosby, an Avon resident, addressed Council virtually. He provided background on parking
entitlements and stated that, while he intended to address certain authorization concerns internally
with Avon Center, he discouraged Council from approving the proposed parking plan.
Rob Tartre, an Avon resident, addressed Council virtually. He expressed concerns regarding
affordability and parking and stated disagreement with certain assertions regarding the reasons prior
proposals did not proceed. He requested that the Town ensure Avon Center owners are appropriately
included in decisions and approvals related to parking management arrangements.
Margaret Pacienza, an Avon resident, addressed Council in person. She encouraged Council to
approve the proposal and stated that the Town should pursue additional overflow parking solutions.
No additional public comment was received in person or virtually.
Don Simpson addressed Council in rebuttal. He stated that parking has been a principal challenge
to developing the site and stated the applicant had worked with the Avon Center HOA and relied on
legal review regarding authority to enter the parking arrangement.
Council entered deliberations. Councilor Hardy expressed concerns regarding the lack of affordability
at 120% AMI and the project’s parking impacts, including potential spillover parking and conflicts
within the Avon Center Homeowners Association. She also raised concerns related to certain
architectural and design elements, as well as proposed conditions, and stated that she did not
support the proposal.
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Councilor Thuon stated that the parking issue is a civil matter between private parties and their
association and expressed support for the project, noting that the applicant returned with revisions
responsive to prior feedback. He expressed concern that if the project did not proceed, development
could be delayed for an extended period and affirmed his support for the project.
Councilor Hyatt stated that parking is a significant issue but expressed support for the proposal and
characterized the parking arrangement as a positive development after many years. He stated he
supported the project.
Councilor Brooks discussed parking trends and code updates and discussed the AMI reference
point. He encouraged the Town to continue pursuing options to provide units at 100% AMI and stated
support for the proposal’s public benefit components and development bonus.
Councilor Stanley expressed support for the project overall and stated parking remained her primary
concern. She requested clarification regarding how parking would operate. Don Simpson stated that
residents would have the ability to rent assigned spaces, that management of the Avon Center
spaces would be determined by Avon Center, and that any unrented spaces could be used for guest
or occupant parking.
Mayor Pro Tem Carroll thanked staff, the applicant, and the public. He stated the site is complex and
indicated that, while he believed review criteria had been met, he remained concerned about parking
and affordability and encouraged continued efforts to improve affordability. He stated his support.
Mayor Underwood requested that Town Attorney Nina Williams address, based on public comment,
measures to reduce the risk of the Town becoming involved in private litigation related to Avon
Center. Mayor Underwood expressed concerns regarding affordability at 120% AMI and the Town’s
contemplated financial participation and suggested exploring a lower AMI target with a potentially
adjusted unit count while maintaining the Town’s investment cap. She also requested additional
concessions related to parking, including no-cost parking for deed-restricted units, a car-sharing pilot
program with a minimum duration of five years, preservation of Bob’s Place patio, and revisions to
certain proposed conditions and public benefit elements.
Councilor Brooks suggested staff explore additional surface parking opportunities, including potential
partnerships, as an interim strategy until a structured parking solution is feasible.
Mayor Pro Tem Carroll summarized the following additional conditions discussed during Council
deliberations and identified as consensus direction from Council:
• Explore a housing affordability target of 100% AMI or lower, with a potentially reduced unit count,
while maintaining a Town investment cap of $4,000,000.
• Provide no-cost parking for deed-restricted units.
• Prepare a development agreement by August 31, 2026.
Councilor Thuon moved to approve MJR25003 | DEB25001, The Summit at Avon, based on the
proposed findings and with the additional conditions summarized by Mayor Pro Tem Carroll.
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Councilor Hyatt seconded the motion. The motion passed by a 6–1 vote, with Councilor Hardy voting
nay.
7. WRITTEN REPORTS
7.1. February 23rd Planning & Zoning Commission Meeting Minutes (Development Coordinator Emily
Block)
7.2. Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:50:10
Mayor Pro Tem Carroll invited the public to attend the CORE Transit meeting scheduled for the following
day or to watch the meeting on High Five Access Media.
Councilor Brooks reminded the public of the upcoming Eagle River Coalition Community Pride Highway
Cleanup event and encouraged participation through the organization’s website, noting that reduced snow
cover has made litter more visible throughout Town. Town Manager Eric Heil added that Public Works
Director Mike Jackson and his team had already begun cleanup efforts earlier that day. Councilor Brooks
also congratulated Sustainability Manager Charlotte Lin on her written report, which Mayor Underwood
likewise acknowledged and commented on its length.
Councilor Hardy announced that the final showing of the Walking Mountains Sustainable Film Series for
the season is scheduled for April 7, 2026, noting that the series focuses annually on climate and
environmental topics, and invited Council and the public to attend. She also stated that the Vail Valley
Partnership hosted an event in Avon the previous month and described the organization’s efforts to bring
businesses and community members together. Councilor Hardy invited Council and the public to attend
the next Vail Valley Partnership mixer scheduled for March 18 in Eagle Vail.
Mayor Underwood noted that CDOT was working on traffic signal improvements and requested an update
at the March 24, 2026, Council Meeting, to include review of the Village at Avon Development Agreement.
She stated that the meeting packet is anticipated to be available by the end of the week, approximately
one week in advance of the meeting, to allow Council and the public additional time for review.
Councilor Hardy reminded Council to avoid ex-parte communications and noted that public comment
should be provided in writing by email to Council or in person during the meeting.
9. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the regular
meeting. The time was 08:57 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.
AVON REGULAR MEETING MINUTES
TUESDAY MARCH 10, 2026
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RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Underwood ___________________________________
970.748.4004 eric@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager
RE: Avon and Hoffman Commercial Parking
DATE: March 12, 2026
SUMMARY: This report provides an update on parking management and a request to discontinue paid
parking on Town of Avon streets when Beaver Creek ski area is not open. Council considered 2nd reading
of Ordinance 25-18 Parking Regulations on Private Property at its February 10, 2026 Council meeting.
Council continued 2nd Reading of Ordinance 25-18 to April 14, 2026 and directed Staff to explore
alternative approaches to parking management that better responded to the numerous concerns and
complaints expressed about current parking management.
PARKING MANAGEMENT ALTERNATIVES: Staff discussed parking management with representatives
of Hoffman Commercial, specifically discussing discontinuing paid parking when Beaver Creek ski area is
not open and discussing reduction of the fine for violation of private parking rules. Hoffman Commercial
consulted with their parking enforcement company, PRRS, and recently announced to their tenants that
paid parking would be discontinued when Beaver Creek ski area was not open and that the fine for violation
of private parking regulations would be reduced to $30. The message to Hoffman Commercial tenants is
reprinted below:
To Our Avon Tenants:
You may have seen recent headlines regarding parking in Avon, and we wanted
to share an update.
Hoffmann Commercial Real Estate remains committed to being a responsible
steward and collaborative partner to the Avon community. After listening to
feedback from tenants, residents, visitors, and local businesses, we have worked
with PRRS—the third-party parking enforcement provider—to significantly
reduce parking penalties at our Avon properties, effective immediately.
When the Town of Avon introduced new parking measures in 2023, we aligned
with those guidelines, with the primary goal of protecting our tenants from
overflow parking during peak ski season. However, when the Town’s
implementation timeline shifted, it created an unintended mismatch and
contributed to community frustration—something we never intended. Our focus
has always been to ensure accessible parking for the businesses operating within
our buildings.
After extensive discussions and at our request, we have reached an agreement
with PRRS to lower penalties to $30 (down from $87) and to introduce free
summer parking during the off-season months of April through November at
HCRE properties. Please note that vehicle registration requirements will remain
in place year-round to ensure the safety and security of our tenants and visitors.
We value local input and appreciate the community’s engagement. Your
feedback is essential in helping us improve and adapt.
Wishing you a wonderful weekend ahead.
Page 2 of 2
Hoffmann Commercial Real Estate
AVON PARKING MANAGEMENT: The discussion with Hoffman Commercial included both Town of Avon
and Hoffman Commercial discontinuing paid parking when Beaver Creek ski area is not open.
Discontinuation of parking on town streets would include East Benchmark Road, Benchmark Road, Lake
Street, West Beaver Creek Boulevard. Parking at Parking management would continue under the current
terms for the Avon Recreation Center, Town Hall parking lot, Avon Library parking and the Lot 16 parking
on the north side of Harry A. Nottingham Park. The old Town Hall parking area is planned to continue as
free parking and the Avon Elementary School would continue as a free parking during off-school hours.
RECOMMENDATION: Based on Council direction, public sentiment and discussions with Council direction
to approve a change to Avon’s parking management plan to discontinue paid parking on Town of Avon
streets as described above. If approved by Council then we will remove the current paid parking signs on
Town of Avon streets promptly after the Beaver Creek ski area closes on April 12, 2026 and we will install
signs with appropriate language to indicate free parking during the summer and that overnight parking is
not allowed.
ORDINANCE 25-18: Updates to private parking regulations and signage content is still relevant and will be
considered by Council on April 14, 2026, the continued date for 2nd Reading.
PROPOSED MOTION: “I move to direct Staff to adjust Avon’s Parking Management Plan to discontinue
paid parking on Town of Avon streets when the Beaver Creek ski area is not open.”
Thank you, Eric
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Underwood and Avon Town Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department Chiefs Community Partnership Awards for the 2025 “Shop
with a Cop”
DATE: March 24, 2026
SUMMARY
Honorable Mayor and Council, it is with great pleasure that we present the Chiefs Community Partnership
Awards to community members, organizations, and businesses in recognition of their outstanding support
of our annual “Shop with a Cop” event, held on December 9, 2025.
BACKGROUND
The Avon Police Department has a longstanding tradition of participating in the “Shop with a Cop” program
alongside partner law enforcement agencies. In 2020, due to the COVID -19 pandemic, and subsequently in
2021, we adjusted our approach to focus exclusively on children from the Avon community. These children
are thoughtfully selected by Principal Dana Harrison and her dedicated staff at Avon Elementary School.
Meanwhile, our partner agencies, including Vail Police Department, Eagle Police Department, Eag le
County Sheriff's Office, and the Colorado State Patrol, have continued their own separate events within
their respective jurisdictions. Concentrating our efforts locally has allowed us to provide a more personal
and meaningful experience for our Avon children.
“Shop with a Cop” is a remarkable community initiative that not only brings joy to Avon Elementary children
and their families but also serves as a platform for building trust and strengthening relationships between
our community and the dedicated officers committed to serving and protecting it.
Organizing this event requires collaboration from numerous partners, led this year by School Resource
Officer (“SRO”) Rio Burgess. SRO Burgess and his team successfully raised over $15,000 in donations and
in-kind services from community members. Additionally, he coordinated transportation with Avon
Transit/Mobility and collaborated closely with Principal Dana Harrison and her staff at Avon Elementary
School. The Avon Town Council generously allocated $5,000 through the police department budget to
support the event.
On the day of the event, forty-seven children from Avon Elementary School were transported by Avon
Transit, accompanied by members of the Avon Police Department, volunteers, Eagle County Paramedics,
Eagle County School District employees, and Eagle River Fire’s Avon Engine 7. Each child was given $125
to spend on gifts for their families—and a gentle reminder to choose a special gift for themselves. Following
their shopping experience, everyone gathered at the Eagle River Fire Station 7 Apparatus Bays to wrap
gifts, enjoy a delicious meal, and share in the joy of a surprise visit from Santa Claus. The meal was
generously provided by Pazzo’s Pizza, Gondola Pizza, City Market, Avon Bakery, and Costco, with drinks
from Starbucks and desserts once again donated by Foods of Vail and North Side Kitchen. As an additional
gesture of support, each family received a card containing a $125 gift card to City Market as well as gift
card from R Farmers Market, to assist with their holiday meal.
Page 2 of 2
The success of our “Shop with a Cop” event is a testament to the generous spirit of our local businesses,
organizations, and community members. This evening, Chief Daly, SRO Burgess, and the Avon Police
Department are proud to recognize the following individuals and organizations for their continued support
and significant contributions:
Financial Donations
• Vail Valley Cares
• Brian Mingham and
Family
• Colorado Rangers
• Maverick Flooring
• Ruggs Benedict
• P. Furniture Design
• Holy Cross
• Master Painting/
Carlos Garden - Jr.
• Avon Liquor
• Paul J Wade and
Cristin
• Patty and Allen
Peterson
• Connie and Miles
Carson
• Warehouse Wine and
Liquor
• Robert Plas & Karin
De Gier
• Nest Furnishing
• Peter & Deb Wasko
• Ticino Italian
• Avon Barber Shop
• Helen Burton
• Beck Builds
Donations in Kind
• Walmart Staff
• Pazzos Pizza
• Gondola pizza
• Costco
• Bob's Place
• Home Depot
• Starbucks
• City Market Avon
• Avon Bakery
• Foods of Vail
• North Side Kitchen
• Burger King
• Salvation Army
• R Farmers Market
• Pixie Peaks Face
Painting
Volunteers
• Eagle River Fire
Protection District for
volunteering and
hosting
• Avon Elementary
School staff
• Town of Avon Staff-
Human Resources,
Recreation Center,
Transit and Public
Works Operations
• Eagle County School
District
• Vail Public Safety
Communications
Center Dispatch
• Beaver Creek Public
Safety
• Eagle County
Paramedic Service
• United States Forest
Service Law
Enforcement
• Colorado Bureau of
Investigation (Eagle
office)
• DEA Grand Junction
& Garfield County
Sheriffs SPEAR
• Santa (Juan) and his
helper Luis Tapia
(TOA Facilities
Manager)
• Wrapping volunteers
Organized by
Volunteer
Coordinator
Extraordinaire Patty
Peterson
To those unable to attend this evening, we will ensure that their well -deserved Chief’s Partnership Award is
delivered on behalf of the Town of Avon.
Thank you for your continued dedication to fostering a strong and compassionate community.
Thank you, Chief Greg Daly and SRO Rio Burgess
###
970.748.4413 matt@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Community Development Director
RE: 2nd Reading Ordinance 26-02 | QUASI-JUDICIAL PUBLIC HEARING
Village (at Avon) PUD Amendment | File PUD23002
Vested Property Rights Extension | File VPR23001
DATE: March 13, 2026
SUMMARY: This report provides a summary of changes to the Village (at Avon) Planned Unit
Development (“PUD”) Amendment application and Vested Property Rights Extension applications since First
Reading approval on February 24, 2026. Avon Town Council (“Council”) took action to approve First
reading, and directed the Applicant to make further modifications to the Vested Property Rights portion.
Other minor changes to the PUD Amendment are summarized March 24, 2026, is a noticed Public Hearing
and Second Reading for final action.
REVIEW PROCESS: The review process has included two separate mailed notices to property owners
within 300’ of the Village (at Avon) PUD. Public hearings with PZC and Council 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 approval of first
reading with Public Hearing date set for March 24, 2026.
FIRST READING APPROVAL: First Reading of Ordinance 26-02 was approved on February 24, 2026.
Changes to the PUD Guide, Consolidated, Amended and Restated Annexation and Development
Agreement (“CARADA”), and PUD Master Plan map are summarized herein. This table includes the list of
amendments (including withdrawn amendments) and additional narrative where warranted:
# Amendments PUD Guide
Section
1 Community Housing Plan I.15
Council Review: Unanimous support.
Update: No text changes. Additional information on AMI was requested; see below.
2 CH1 (PA-F/PA-E to CH1 - Use, Density, Height) D.13
Council Review: 6 Councilors supported - 1 opposed.
Update: Scaled graphic included. Letter of interest from Habitat for Humanity received &
attached.
3 CH2 (PF1 to CH2 - Use, Density, Height) D.13
Council Review: Unanimous support.
Update: No changes.
4 Development Bonus D(f)
Council Review: Unanimous support.
PUBLIC HEARING: Second Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension March 13, 2026 Page 2 of 8
Update: No changes to text. Additional details are provided herein.
5 Short Term Rental PA-A, C, D and J Exhibit I
Council Review: 6 Councilors supported - 1 opposed.
Update: No changes. More background and information provided below.
6 Engineered Grade for areas within 250' of southern boundary Exhibit I
Council Review: Unanimous support.
Update: No changes to exhibit. 250' line now also shown on PUD Master Plan map.
7 PA-A, F, G and H: Delete Commercial Floor area Min/Max
WITHDRAWN
8 PA-A: Building Height (55' to 60' w/i 250') D.2
Council Review: 6 Councilors supported - 1 opposed.
Update: Five (5) story maximum added to PA-A to be consistent with PA-J height/stories limit..
9 PA-A: Residential Building Height (80'-110' outside 250' via SRU)
WITHDRAWN
10 PA-C: Building Height (48' to 60' and up to 74', 6 stories via SRU)
WITHDRAWN
11 PA-C: Density (18 DUs/acre to 40)
WITHDRAWN
12 PA-D: Building Height Increase (48' to 60' w/i 250', 5 story limit)
WITHDRAWN
13 PA-D: Building Height (48' to 60' and up to 74', 6 stories via/ SRU)
WITHDRAWN
14 PA-D: Density (18 DUs/acre to 40)
WITHDRAWN
15 PA-J: Setbacks (reduce front setback from 20' to 10') D.7
Council Review: Unanimous support.
Update: No changes.
16 PA-J: Building Height (48' to 60', max 5 stories) D.7
Council Review: 6 Councilors supported - 1 opposed.
Update: No changes.
17 RMF-1 & PA-K: 280 units on cul-du-sac WITHDRAWN
18 Vested Property Rights Extension for 20 years on portion of PA-J, RMF-1 & PA-K N/A
Council Review: 6 Councilors supported – 1 opposed., Support was expressed with caveat
that additional performance-based water infrastructure construction be presented.
Update: CARADA language amended to include additional conditions to vested rights
extension
19 Administrative Subdivision G.1(a)
PUBLIC HEARING: Second Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension March 13, 2026 Page 3 of 8
Council Review: Unanimous support.
Update: No changes.
COMMUNITY HOUSING PLAN: The Housing Plan in the PUD Guide includes Area Median Income
(“AMI”) limits for rental (120% AMI) and for-sale (140% AMI). These would be maximum family income
limits at the time of qualification. If owners or tenant’s household income changes upward after initial
occupancy, residents would not become “non-qualified” and would be permitted to continue occupancy.
The 120% and 140% AMI are the set income limits unless a different cap was agreed to by the Master
Landowner, or Avon Municipal Code stipulations changed, or Avon Community Housing Policies (“ACHP”)
guidance changed. The ACHP current guidelines target 80-100% AMI for rental units, and 100-140% AMI
for sale inventory.
Price-capped rents are typically tied to the bedroom count. The ACHP states that Colorado Housing and
Finance Authorities (“CHFA”) most recently published rates (often published each spring) will be used to
determine the maximum rental rate.
The initial maximum sales price of for deed restricted for sale units are calculated by using the currently
published 4-person household AMI, 30-year average mortgage rates, allocation for utilities and HOA dues,
and closing costs. The calculation assumes a housing payment of no more than 30% of gross household
income.
NOTE: These AMI limits do not preclude developing Community Housing projects with a lower AMI
level. Community Housing that serves lower AMI levels requires greater public subsidies. If funds
are available then we anticipate that future Community Housing projects would serve lower AMI
levels for rental and for-sale units.
CH-1 (PA-F/PA-E to CH-1): In addition to reducing the building height to 35’, the maximum number of
stories is limited to three (3), and number of units reduced from 26 to 24. A letter of interest from Habitat
for Humanity is attached with other written public comments. Staff performed a ‘fit’ exercise to show a
80’x180’ footprint (14,400 sq.ft.) condominium building that could serve units on two sides with a central
corridor.
PUBLIC HEARING: Second Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension March 13, 2026 Page 4 of 8
CH-1
At a conceptual level review, a 80’ x 180’ building with double loaded floor plan could allow 4 two bedrooms
and 2 one bedrooms on each side of a hallway, or 12 units per floor with podium parking or development
could be configured with three floors with eight units on each floor with a smaller building footprint under
9,000 sq.ft. At this point a particular design is not suggested or contemplated. Rather, the fit analysis
demonstrates that it is possible to build 24 residential units on this parcel. If CH1 is approved in the Village
PUD Amendment then Staff will propose a process for design and programming of Community Housing
development on this parcel.
DEVELOPMENT BONUS: Section D.1(f) of the proposed PUD Guide has been updated to clarify the
process and expectations as follows:
“Development applications in all Planning Areas may include a concurrent application to
increase or decrease the PUD Guide’s Development Standards (a “Development Bonus”) in
accordance with the standards and review criteria set forth in Section 7.16.170 of the Municipal
Code. The process for review of a Development Bonus shall follow Section 7.16.170 of the
Municipal Code with the following modifications: (i) a Development Bonus application shall be
submitted concurrently with Preliminary Design application as required by the Design Review
Board and (ii) the Development Bonus application shall be subject to review and approval by the
applicable Landowner, the Design Review Board and the Master Landowner. 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.”
PUBLIC HEARING: Second Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension March 13, 2026 Page 5 of 8
The Development Review Process is outlined in Section 7.16.170(c) of the Avon Municipal Code states “an
application for a development bonus shall be submitted concurrently with the principal application for
development of the property.” In the Village (at Avon), the principal application for development is a
Preliminary Design, therefore, a Development Bonus would be submitted to the Community Development
Department accompanied by a Preliminary Design package. The Preliminary Design package includes
architectural plans including topographical survey, site plan, building envelopes, elevation drawings, height
calculations, massing, and landscape plans.
SHORT TERM RENTAL PA-A, C, D and J: The majority of Council members appeared to support Short
Term Rental (“STR”) use by right in PA-A, and limited STR licenses in PA-C, PA-D, and PA-J. This
implements the two-tier system of regulating STR that was originally adopted by Council Ordinance 22-09.
The limited STR designation 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.
PA-A is named the Village Center Mixed Use Project and allows mixed use development. “Commercial” is
a use by right, and “Commercial” is specifically defined the Village PUD Guide, EXHIBIT H Definitions, to
include, (a) accommodation units, (h) bed and breakfast, (aa) Extended Stay Hotel, (hh) Hotel, Motel and
Lodge, (rrr) Temporally Divided Dwelling (i.e. timeshare), (yyy) Vacation clubs. Designating a portion of
PA-A to allow only limited STRs would not be consistent with the use by right for a wide variety of
accommodations.
At the February 24, 2026 Council meeting there were comments about exploring some limitation of STR
licensing within the southern portions (e.g. within 250’ of southern boundary) of PA-A. This creates some
challenges based upon the location of the 250’ line and the possibility of the line cutting through future
building(s).
PA-A BUILDING HEIGHT (55' to 60' w/i 250'): Similar to PA-J modifications, a maximum of five stories
was added to the PA-A area within 250’ of the southern boundary of the PUD.
VESTED RIGHTS EXTENSION: The CARADA language has been modified. In addition to the automatic
20-year extension to “Mountainside” vested rights if the Master Landowner funds it’s proportionate share of
water infrastructure necessary to serve the East Avon Preserve pressure zone, additional conditions are
added for a possible acceleration of this infrastructure if the Town performs construction on other property,
and the Town funds it’s proportionate share of water infrastructure. If these “triggers” are not met the
vested property rights will expire on October 20, 2039.
MASTER PLAN MAP: The PUD Master Plan was updated to show the 250’ line from southern boundary
of the PUD. Other updates include a new title, removal of signature block, and a note about superseding
all previous maps. The signature block was removed because this map is made part of, and reviewed
concurrently with the PUD Guide amendments. Lastly, the updated road network was added to the valley
floor area of the PUD.
REVIEW CRITERIA: 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 consider if the
amendments meet the review criteria as a basis for approval of each amendment. For convenience I have
carried forward the applicable review criteria into this report.
PUBLIC HEARING: Second Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension March 13, 2026 Page 6 of 8
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. My draft findings of fact (Exhibit A to Ordinance 26-02) consider both the
general review criteria for all development applications as well as those specific to PUD and Vested Rights.
Below are the PUD Amendment and Vested Property Rights Extension criteria required by the Avon
Municipal Code for reference when reviewing the revised submittal:
Minor 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.
PUBLIC HEARING: Second Reading of Ordinance 26-02: Village (at Avon) PUD Amendments & Vested Rights Extension March 13, 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.
970.748.4413 matt@avon.org
OPTIONS: Council has the following options:
• Continue 2nd Reading of Ordinance 26-02 to April 14 if Traer Creek consents.
• Approve 2nd Reading of Ordinance 26-02 as drafted
• Approve 2nd Reading of Ordinance 26-02 with changes
• 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.” At the previous meeting Traer Creek
consented to an additional thirty (30) days – for a final decision not later than the April 14th regular meeting.
RECOMMENDED MOTION: “I move to approve 2nd Reading of Ordinance 26-02 Approving a Planned Unit
Development Amendment and Vested Property Rights Extension to the Village (at Avon) Planned Unit
Development and Approving Amendments to the Consolidated, Amended, and Restated Annexation and
Development Agreement.”
ALTERNATE MOTION: “I move to Continue 2nd and Final Reading of Ordinance 26-02 to the April 14,
2026, meeting pending additional modifications”.
Thank you, Matt
ATTACHMENT A: Applicant Narrative- March 2026 [updated]
ATTACHMENT B: Ordinance 26-02
Exhibit A – Findings of Fact and Record of Decision
Exhibit B – Third Amended and Restated PUD Guide [strikethrough]
Exhibit C – First Amendment to Consolidated, Amended and Restated Annexation and
Development Agreement [updated- strikethrough and clean]
ATTACHMENT C: Written Public Comments
ATTACHMENT D: Supplemental Financial Overview Report from Paul Redmond [updated]
ATTACHMENT E: Consolidated, Amended and Restated Development Agreement for the Village (at Avon)
MEMORANDUM
To: Town of Avon
From: Traer Creek Team
Subject: Village at Avon PUD Amendment and Ves Eng Extension
Date: March 12, 2026
Following the Town Council meeEng on February 24, 2026, the Traer Creek team and Town Staff
reviewed the comments and concerns expressed by the Town Council and neighboring property
owners. The following list summarizes the revisions and clarificaEons made to the PUD Amendment
and Ves Eng Extension request since the previous review.
CH1:
Based on Town’s direcEon, the proposal is now for 24 units of Community Housing on CH-1.
Development Bonus:
Town Staff has provided addiEonal informaEon and language for the PUD Guide regarding the
Development Bonus. This language provides clarity as to the Development Bonus process and has
been incorporated into the PUD Guide.
Short Term Rentals (PAA):
The applicants conEnue to request unlimited short-term rentals within Planning Area A (PA-A).
During the February 24 discussion, Council considered limiEng STRs to 15% of units up to the 250-foot
line. However, the 250-foot line is specifically idenEfied in the PUD to address building height
measurement, not land use limitaEons. Applying the 15% limitaEon based on this line could result in
the boundary running through the middle of a building, creaEng an administraEve and enforcement
challenge.
AddiEonally, the proposed development area is directly adjacent to neighborhoods that currently allow
unlimited STRs, including properEes within the Hurd Lane and Eagle Bend neighborhoods. It should
also be noted that the allowable uses within Planning Area A already include several forms of transient
lodging, including but not limited to:
•AccommodaEon Units
•Bed and Breakfast
•Extended Stay Motel
•Hotel, Motel, or Lodge
•Temporally Divided Dwelling
•VacaEon Club
1
ATTACHMENT A
Given these exisEng allowances, permiang STRs within residenEal units is consistent with the broader
lodging framework established within the PUD.
PA-A:
The proposed height increase from 55 feet to 60 feet within PA-A now includes an addiEonal limitaEon
of a maximum of five (5) stories.
This revision provides greater clarity and predictability regarding the scale of development while
maintaining the modest increase in allowable height.
Vested Rights Extension:
With the goal of providing addiEonal nuance in the vesEng triggers, the language has been amended to
create an intermediate trigger based on the Town’s desire to pursue development on East Avon
Preserve.
2
ATTACHMENT A
SECOND READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
March 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 AND APPROVING AMENDMENTS TO
THE CONSOLIDATED, AMENDED AND RESTATED ANNEXATION AND
DEVELOPMENT AGREEMENT
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; and
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; and
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”); and
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; and
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; and
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; and
WHEREAS, the Town Council of the Town held public hearings on January 13, 2026,
January 27, 2026, February 24, 2026 and March 24, 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; and
ATTACHMENT B
SECOND READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
March 24, 2026
Page 2 of 3
WHEREAS, the Town Council finds the PUD Amendment application in conformance
with the review criteria set forth in Sections 7.16.060(e)(4) of the AMC as more particularly
described in the findings of fact and record of decision; and
WHEREAS, the Town Council has considered the guidelines for a Vested Property
Rights Extension set forth in Section 7.16.140(e)(2) of the AMC as more particularly
described in the findings of fact and record of decision; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that
the Town Council desires to comply the requirements of the Home Rule Charter for the Town
of Avon, Colorado by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding this application and that approval of this Ordinance
on first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Approval of Findings of Fact and Record of Decision. Pursuant to Section
7.16.020(f) of the Development Code, the Town Council approves findings of fact and record of
decision as set forth in EXHIBIT A: Town Council Findings of Fact and Record of
Decision.
Section 3. Amendment to the Village (at Avon) PUD. The Village (at Avon) Third
Amended and Restated PUD Guide, in the form attached as EXHIBIT B: Third Amended and
Restated PUD Guide, is hereby approved.
Section 4. Vested Property Rights Extension. The Vested Property Rights Extension for
the “Mountainside” area is 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.
ATTACHMENT B
SECOND READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension
March 24, 2026
Page 3 of 3
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
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
March 24, 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 March 24,
2026.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
ATTACHMENT B
Village (at Avon)
Findings of Fact and Record of Decision: PUD23002 | VPR23001 Page 1 of 3
TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
FOR
VILLAGE (AT AVON) PUD AMENDMENT
VESTED PROPERTY RIGHTS EXTENSION
DATE OF DECISION: March 24, 2026
APPLICATIONS: PUD Amendment | File PUD23002
Vested Property Rights Extension | File VPR23001
APPLICANT: Traer Creek, LLC & Town of Avon (“Town”)
This Record of Decision is made in accordance with the Avon Municipal Code §7.16.010(F)(1)
The Avon Town Council (“Council”) conducted public hearings and reviewed the applications
for the Village (at Avon) on January 13, 2026, February 24, 2026, and March 24, 2026, and
considered all public comments and information provided at such public hearings. Based on
consideration of public comments, information provided and the applicable review criteria
Council approved Ordinance 26-02. Approval of Ordinance 26-02 includes a Planned Unit
Development (“PUD”) Amendment and Vested Property Rights Extension (“Application”) in
accordance with the Avon Municipal Code (“AMC”) §7.16.020(f) based on the Findings of Fact
stated herein and hereby ADOPTS THIS RECORD OF DECISION.
All Avon Staff reports and materials concerning the Application, any third party materials
received concerning the Application, all public comments, all statements made at the Public
Hearings, and all AMC and other regulations applicable to review of the Application are
collectively adopted as part of the official Record of Decision.
GENERAL CRITERIA: Pursuant to §7.16.020(f)(1), Review Criteria, the following generally
applicable findings are made with respect to the Application:
1.The Application is complete and provides sufficient information for Council to determine
that the Application complies with the review criteria;
2.The Application complies with the goals and policies of the Avon Comprehensive Plan as
documented within the staff report; and
3.Demand for public services does not increase, as the overall development standards-
including overall density, does not change with the PUD Amendment or Vested Property
Rights Extension.
EXHIBIT A TO ORDINANCE 26-02
Village (at Avon)
Findings of Fact and Record of Decision: PUD23002 | VPR23001 Page 2 of 3
PUD AMENDMENT FINDINGS: Pursuant to a review of the criteria found in AMC §
7.16.060(e)(4), Review Criteria, the following findings are made with respect to the PUD
Amendment application:
1.The PUD amendment confers benefits to the Town and promotes the health, safety and
general welfare of the community by dedicating Lot 8 and permitting Community
Housing units on CH-1 and CH-2;
2.Evidence of substantial compliance with the purpose of the Development Code as
specified in AMC § 7.04.030, Purposes, has been provided and is generally sufficient for
this review;
3.The PUD amendment is consistent with the (1996) Avon Comprehensive Plan;
4.Facilities and services (including roads and transportation, water, gas, electricity, police
and fire protection and sewage and waste disposal, as applicable) are available to serve
the properties, while maintaining adequate levels of service to existing development;
5.Changes to setbacks, building height, and uses in the PUD will not result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife and vegetation, as such impacts have been substantially mitigated
through the development of the overall Village (at Avon) PUD governing documents;
6.The scale and residential use for CH-1 will be compatible with existing established
residential development in the vicinity on Eaglebend Drive; and
7.The potential of increased scale of development on PA-J is suitable given the location
and access to existing infrastructure near the highway interchange.
VESTED PROPERTY RIGHTS FINDINGS: Pursuant to a review guidelines found in AMC §
7.16.140(e)(2), the following findings are made with respect to the Vested Property Rights
extension request:
1.Water tank planning has commenced for the Mountainside in partnership with Eagle
River Water and Sanitation District, Traer Creek, LLC, and the Town of Avon for the
Mountainside, East Avon Preserve, and other areas north of the Eagle River;
2.The magnitude of public infrastructure necessary to access and develop the Mountainside
is beyond current means due to the present focus of prioritized capital projects currently
being developed in the valley floor elsewhere in the PUD;
3.Full development of the Mountainside in the current vested property rights term is
unlikely due to the location and type of planned development; and
4.The scope of the Vested Property Rights is limited to areas that are inherently difficult to
service, and do not contribute to the public benefits associated with other commercial and
mixed-use development that would present measurable and tangible public benefits in the
nearer term.
EXHIBIT A TO ORDINANCE 26-02
Village (at Avon)
Findings of Fact and Record of Decision: PUD23002 | VPR23001 Page 3 of 3
CONDITIONS: Approval of the Application is subject to performance, satisfaction and
completion of the following conditions:
1.The Town of Avon Short Term Rental Overlay (STRO) map will be administratively
updated by Community Development Staff to reflect unrestricted Short Term Rental
license availability in Planning Area A (PA-A), and 15% limited STR license availability
in Planning Area C (PA-C), Planning Area D (PA-D), and Planning Area J (PA-J).
2.CARADA Amendment No. 1 will be executed and recorded with the Eagle County Clerk
and Recorders office within thirty (30) days.
APPROVED BY MOTION on March 24, 2026
AVON TOWN COUNCIL
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
EXHIBIT A TO ORDINANCE 26-02
1650530.6 2985509.13
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.
EXHIBIT B TO ORDINANCE 26-02
Table of Contents
TABLE OF CONTENTS
Page
i
2985509.13
A. PURPOSE/GENERAL PROVISIONS .............................................................................. 1
1. Defined Terms ....................................................................................................... 1
2. Purpose ................................................................................................................... 1
3. Vested Property Rights .......................................................................................... 2
4. General Provisions ............................................................................................... 32
5. Applicability of Other Regulations ...................................................................... 65
6. Conflict .................................................................................................................. 6
B. TOTAL PERMITTED DENSITY ..................................................................................... 6
C. GENERAL LAND USE DESIGNATIONS .................................................................... 10
1. Designations ......................................................................................................... 10
2. Permitted Uses ..................................................................................................... 11
D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD .......... 11
1. General ................................................................................................................. 11
2. Planning Area A - Village Center Mixed Use Project ......................................... 12
3. Planning Area B - Community Facilities ............................................................. 16
4. Planning Areas C and D - Village Residential Mixed Use Projects ................ 1718
5. Planning Area E – School ................................................................................ 2021
6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects ....... 22
7. Planning Area J – Regional/Neighborhood Commercial and Residential
Mixed Use Projects .......................................................................................... 2728
8. Planning Area K - Hillside Residential ............................................................ 3031
9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ..................... 3233
10. Planning Areas P1-P3: Parkland ..................................................................... 3536
11. Planning Areas OS1 – 0S7OS7: Natural Open Space .................................... 3738
12. Planning Areas PF-1 –-2 and PF-3: Public Facility ....................................... 3839
13. Planning Areas CH-1 and CH-2 – Community Housing ..................................... 41
E. SPECIAL REVIEW USE ............................................................................................ 4043
1. Special Review Use Permit .............................................................................. 4043
2. Application Filing and Processing ................................................................... 4043
3. Submittal Requirements for Special Review Use ............................................ 4144
EXHIBIT B TO ORDINANCE 26-02
Table of ContentsTABLE OF CONTENTS
(continued)
Page
ii
2985509.13
4. Criteria for Review, Recommendation, and Approval of Special Review
Uses .................................................................................................................. 4144
5. Amendments to Special Review Use Permit ................................................... 4245
F. TEMPORARY USES AND STRUCTURES .............................................................. 4245
G. SUBDIVISION ............................................................................................................ 4345
1. General; Applicability ...................................................................................... 4345
2. Application Submittal Items ................................................................................ 46
3. Procedure ............................................................................................................. 47
4. Criteria for Review and Approval........................................................................ 47
5. Material Modification to Certain Street Connections ...................................... 4548
H. DEVELOPMENT PLAN AMENDMENT PROCEDURES ...................................... 4649
1. General ............................................................................................................. 4649
2. Formal Amendments ........................................................................................ 4649
3. Administrative Amendments ........................................................................... 4649
4. Modifications Not Requiring Amendment ...................................................... 4952
I. SUPPLEMENTAL REGULATIONS ......................................................................... 5053
1. Interim Uses ..................................................................................................... 5053
2. Solid Fuel Burning Devices ............................................................................. 5054
3. Signs ................................................................................................................. 5054
4. Parking Requirements ...................................................................................... 5154
5. Surface Parking Landscaping Requirements ................................................... 5154
6. Drainage Requirements .................................................................................... 5154
7. Sidewalk and Trail Standards .......................................................................... 5255
8. Alternative Equivalent Compliance and Variances ......................................... 5255
9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge
Requirements ................................................................................................... 5255
10. Wildlife Mitigation Plan .................................................................................. 5357
11. Design Review Guidelines ............................................................................... 5457
12. Natural Resource Protection ............................................................................ 5458
13. Residential Fire Suppression Systems ............................................................. 5458
14. Park, Recreation and Trail Access ................................................................... 5558
EXHIBIT B TO ORDINANCE 26-02
Table of ContentsTABLE OF CONTENTS
(continued)
Page
iii
2985509.13
15. AffordableCommunity Housing Plan .............................................................. 5558
16. Provision of Certain Amenities ........................................................................ 5761
EXHIBIT A LEGAL DESCRIPTIONLegal Description ....................................................... A-1
EXHIBIT B PUD MASTER PLANMaster Plan .................................................................... B-1
EXHIBIT C THE VILLAGE (AT AVON) PARKING REGULATIONSThe Village (at
Avon) Parking Regulations ............................................................................................ C-1
EXHIBIT D WILDLIFE MITIGATION PLANWildlife Mitigation Plan ............................. D-1
EXHIBIT E MINIMUM DESIGN GUIDELINE STANDARDSMinimum Design
Guideline Standards ........................................................................................................ E-1
EXHIBIT F STREET STANDARDSStreet Standards ........................................................... F-1
EXHIBIT G MUNICIPAL CODE PROVISIONS NOT APPLICABLE TO THE
VILLAGE (AT AVONMunicipal Code Provisions Not Applicable to The Village
(at Avon) PUD ............................................................................................................... G-1
EXHIBIT H DEFINITIONSSection 7.16.070 of Development Code ................................... H-1
EXHIBIT I SECTION 7.16.070 OF DEVELOPMENT CODEDefinitions ........................... I-1
EXHIBIT B TO ORDINANCE 26-02
1650530.6 2985509.13
The Village
(at Avon)
SecondThird Amended and Restated
PUD Guide
September 11, 2018
_____________, 2026
A. PURPOSE/GENERAL PROVISIONS..
1. Defined TermsDefined 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 Se ction 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.
EXHIBIT B TO ORDINANCE 26-02
1650530.6 2
2985509.13
(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.
(b) (d) 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.
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
EXHIBIT B TO ORDINANCE 26-02
1650530.6 3
2985509.13
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.
(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.
EXHIBIT B TO ORDINANCE 26-02
1650530.6 4
2985509.13
(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
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
EXHIBIT B TO ORDINANCE 26-02
1650530.6 5
2985509.13
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 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
EXHIBIT B TO ORDINANCE 26-02
1650530.6 6
2985509.13
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, 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.
EXHIBIT B TO ORDINANCE 26-02
1650530.6 7
2985509.13
6. ConflictConflict. 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 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.
EXHIBIT B TO ORDINANCE 26-02
1650530.6 8
2985509.13
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:
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%
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.
EXHIBIT B TO ORDINANCE 26-02
1650530.6 9
2985509.13
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 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.
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(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
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
EXHIBIT B TO ORDINANCE 26-02
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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) (iv) In any Building, parking areas and Parking Structures shall not
constitute Commercial Space for purposes of calculating the total amount (in square
feet) of Commercial Space permitted pursuant to this PUD Guide.
C. GENERAL LAND USE DESIGNATIONS..
1. DesignationsDesignations. 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
(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
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(l) Planning Areas CH-1 and CH-2: Community Housing Units
2. Permitted UsesPermitted 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 Righ t, 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
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.
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(f) Development applications in all Planning Areas may include a concurrent
application to increase or decrease the PUD Guide’s Development Standards (a
“Development Bonus”) in accordance with the standards and review criteria set forth in
Section 7.16.170 of the Municipal Code. The process for review of a Development Bonus
shall follow Section 7.16.170 of the Municipal Code with the following modifications:
(i) a Development Bonus application shall be submitted concurrently with Preliminary
Design application as required by the Design Review Board and (ii) the Development
Bonus application shall be subject to review and approval by the applicable Landowner,
the Design Review Board and the Master Landowner. 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).
(ix) (viii) 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) (ix) Cabled Telecommunications Equipment, Cabled
Telecommunications Facilities and Cabled Telecommunications Services, each of
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
the foregoing being subject to review and written approval by the Design Review
Board authorizing such Use.
(xi) (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..
(xii) (xi) Dry Utilities.
(xiii) (xii) Infrastructure.
(xiv) (xiii) Indoor recreation and/or entertainment facilities.
(xv) (xiv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xvi) (xv) Parks and Open Space.
(xvii) (xvi) 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) (xvii) Outdoor Storage of merchandise for sale and only as an
Accessory Use to a retail Use.
(xix) (xviii) Accessory Uses and Structures customarily appurtenant to
Uses by Right.
(xx) (xix) Agricultural Use (as an Interim Use only).
(xxi) (xx) Rodeo and ancillary carnival (as an Interim Use only).
(xxii) (xxi) Recycling Facility (as an Interim Use only).
(xxiii) (xxii) Snow storage (as an Interim Use only).
(xxiv) (xxiii) Mobile Home office/storage Use and community garden (as
an Interim Use only).
(xxv) (xxiv) 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) (xxv) Additional Uses which the Director determines to be similar
to uses by right.
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(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.
(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.
EXHIBIT B TO ORDINANCE 26-02
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(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.
(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, and a maximum of
five Stories.
(2) Portions of Planning Area A located 250 or more feet from
the southerly boundary of Planning Area A: 80 feet, provided that hotel
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
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.
(vi) Snow storage (as an Interim Use only).
(vii) Water storage and water resource management facilities.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(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.
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.
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2985509.13
(ii) Short Term Rental(s).
(iii) (ii) Commercial Uses that have frontage on Main Street.
(iv) (iii) Agricultural Use (as an Interim Use only).
(v) (iv) Community Facilities.
(vi) (v) Vacation Club and Temporally Divided Dwellings.
(vii) (vi) 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) (vii) 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) (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.
(x) (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.
(xi) (x) Infrastructure.
(xii) (xi) Dry Utilities.
(xiii) (xii) Indoor recreation and/or entertainment facilities.
(xiv) (xiii) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xv) (xiv) Parks and Open Space.
(xvi) (xv) Minor Home Occupations.
(xvii) (xvi) Planning Area C Only:
(1) Pedestrian bridges.
(2) Hotel, Motel and Lodge.
EXHIBIT B TO ORDINANCE 26-02
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(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.
(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.
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(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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(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.
(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
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(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).
(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.
EXHIBIT B TO ORDINANCE 26-02
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(x) Private and public transportation and transit, including without
limitation, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts.
(xi) Religious Facilities, museums, libraries and public buildings.
(xii) Indoor recreation and/or entertainment facilities that do not include
the use of amplified music.
(xiii) Outdoor entertainment facilities that include the use of amplified
music (subject to review and written approval of such Use by the Design Review
Board).
(xiv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xv) Parks and Open Space.
(xvi) Child Care Center.
(xvii) Animal Boarding (excluding outdoor Animal Boarding), subject to
review and written approval by the Design Review Board authorizing such Use.
(xviii) Kennels (excluding outdoor Kennels), subject to review and written
approval by the Design Review Board authorizing such Use.
(xix) Construction staging (as an Interim Use only).
(xx) Planning Areas F and I Only:
(1) Recycling Facility.
(xxi) Planning Area I Only:
(1) Pedestrian and vehicular bridges, bridge abutments and
improvements reasonably related thereto.
(2) Automobile Repair Shops (Major and Minor).
(3) Light Industrial Uses.
(xxii) Additional Uses which the Director determines to be similar to the
foregoing Uses by Right.
(xxiii) Accessory Uses and Structures customarily appurtenant to the
foregoing Uses by Right.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section E below:
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(i) Single retail businesses onin Planning Area F occupying more than
60,000 of consolidated Gross Square Footage.
(ii) Educational facilities including, but not limited to public and private
schools, universities, and colleges.
(iii) Service Station.
(iv) Animal Boarding (outdoor), subject to review and written approval
by the Design Review Board authorizing such Use.
(v) Kennels (outdoor), subject to review and written approval by the
Design Review Board authorizing such Use.
(vi) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(vii) Heliport, only as an Accessory Use to a Hospital or other medical
facility, including but not limited to a clinic (subject to review and written approval
by the Design Review Board authorizing such Use).
(viii) Wireless Telecommunications Equipment (antenna towers only) and
Wireless Telecommunications Facilities (antenna towers only), each of the
foregoing being subject to review and written approval by the Design Review
Board authorizing such Use.
(ix) Planning Areas F, G and H Only:
(1) Animal Boarding (outdoor).
(2) Kennels (outdoor).
(3) Hospitals.
(x) Planning Area I Only:
(1) Hotel Uses (including without limitation, hotel Uses
comprising a portion of a Mixed Use Project) which exceed 55 feet in
Building Height.
(c) Prohibited Uses:
(i) Heavy Industrial Uses.
(ii) Medical Marijuana Businesses.
(iii) Nude Entertainment Establishments.
(iv) Planning Areas F, G and H Only:
EXHIBIT B TO ORDINANCE 26-02
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(1) Automobile Repair Shops (Major).
(2) Family Child Care Home.
(3) Group Home.
(4) Mobile Homes.
(5) Recycling Processing Center.
(6) Tattoo parlor, body piercing.
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Commercial Uses:
a. Front: 25 feet
b. Side: None
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-
wayright-of-way: 20 feet
(2) Industrial Uses:
a. Front: 25 feet
b. Side: 7.5 feet
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-way:
20 feet
(3) Residential Uses:
a. Front: 25 feet
b. Side: 7.5 feet
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-
wayright-of-way: 20 feet
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
e. A Building having a Building Height exceeding
48 feet on Planning Area F only: (i) abutting existing Post
Boulevard: 40 feet; and (ii) abutting current East Beaver Creek
Boulevard (future Main Street): 100 feet
(4) Vertically-integrated Mixed Use Projects:
a. Front: 25 feet
b. Side: None
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-
wayright-of-way: 20 feet
e. A Building having a Building Height exceeding
48 feet on Planning Area F only: (i) abutting existing Post
Boulevard: 40 feet; and (ii) abutting current East Beaver Creek
Boulevard (future Main Street): 100 feet
(ii) Maximum Building Height:
(1) Commercial Uses:
a. Hotel Uses (including without limitation, hotel Uses
comprising a portion of a Mixed Use Project) on Planning Area I
only: 55 feet, provided that such Uses may be permitted up to a
maximum Building Height of 135 feet as specifically identified as a
Special Review Use in Section D.6(b).
b. Hospitals onin Planning Area I only: 80 feet.
c. All other Commercial Uses: 48 feet.
(2) Industrial Uses: 48 feet.
(3) Residential Uses:
a. Single-familySingle-family Dwellings and Duplex
Dwellings: 35 feet.
b. Multi-family Dwellings on Planning Areas G, H
and I: 48 feet.
c. Multi-family Dwellings on Planning Area F only:
58 feet, and not to exceed four Stories.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(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 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.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
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) (ii) Commercial Uses.
(iv) (iii) 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) (iv) Automobile Repair Shops (Minor).
(vi) (v) Community Facilities.
(vii) (vi) Agricultural Use (as an Interim Use only).
(viii) (vii) 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) (viii) 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) (ix) Infrastructure.
(xi) (x) Dry Utilities.
(xii) (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(xiii) (xii) Recreational facilities.
(xiv) (xiii) Parks and Open Space.
(xv) (xiv) Additional uses which the Director determines to be similar to
Uses by right.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(xvi) (xv) 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).
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(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. (3) Notwithstanding the foregoing, the minimum
Building Setback abutting the Interstate 70 right-of-way shall be
20 feet.
(ii) Maximum Building Height:
(1) Commercial (excepting Hotel, Motel and Lodge Uses) and
Light Industrial Uses: 48 feet.
(2) Residential Uses:
a. Single-family Dwellings and Duplex Dwellings: 35 feet.
b. Multi-family Dwellings: 48 feet.
(2) (3) Vertically-integratedResidential Uses and
Vertically-integrated Mixed Use Projects: 4860 feet, and a maximum of
five Stories.
(3) (4) 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-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,
EXHIBIT B TO ORDINANCE 26-02
1650530.6 32
2985509.13
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.
(iv) (iii) Primary/Secondary Structure.
(v) (iv) Agricultural Use (as an Interim Use only).
(vi) (v) 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) (vi) 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) (vii) Infrastructure.
(ix) (viii) Dry Utilities.
(x) (ix) Recreational facilities.
(xi) (x) Parks and Open Space.
(xii) (xi) Religious Facilities, including without limitation, cemeteries.
(xiii) (xii) 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) (xiii) Accessory Uses and Structures customarily appurtenant to
Uses by Right.
(xv) (xiv) Additional uses which the Director determines to be similar to
Uses by Right.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(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
1650530.6 34
2985509.13
(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.
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.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(vii) Dry Utilities.
(viii) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Service, each of the foregoing being
subject to review and written approval by the Design Review Board authorizing
such Use.
(ix) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and
Wireless Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(x) Recreational facilities.
(xi) Temporary real estate offices and construction offices.
(xii) Residential management office.
(xiii) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(xiv) Additional uses which the Director determines to be similar to Uses
by Right.
(xv) Planning Area RMF-1-1 Only:
(1) Assisted living facilities.
(xvi) Planning Area RMF-2-2 Only:
(1) Pedestrian bridges.
(b) Special Review Uses:
(i) Religious Facilities, museums, libraries and public buildings.
(ii) Group Home.
(iii) Commercial Parking, Private Parking and Public Parking.
(iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(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:
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(1) Rock and gravel crushing operations related to rock and
gravel materials excavated within The Village (at Avon) PUD.
(c) Prohibited Uses:
(i) Commercial Uses (except as specifically included in
Sections D.9(a) or D.9(b)).
(ii) Industrial Uses.
(iii) Mobile Homes.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: 20 feet from Interstate-70 right-of-
way 70 right-of-way, provided there shall be no other setback requirements except
as may be necessary to accommodate utility improvements, lines and mains,
facilities, services and buildings.
(1) Front: 20 feet.
(2) Side: 10 feet.
(3) Rear: 10 feet.
(ii) Maximum Building Height:
(1) Single-familySingle-family Dwellings and Duplex
Dwellings: 35 feet.
(2) Multi-family Dwellings: 48 feet.
(3) Commercial: 48 feet.
(iii) Minimum Landscaped Area: 20%.
(iv) Minimum Lot Area: Not applicable.
(e) Residential Density Maximum:
(i) Planning Area RMF-2-2: 12 Dwelling Units per acre.
(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
EXHIBIT B TO ORDINANCE 26-02
1650530.6 37
2985509.13
which are located both within and outside of Planning Area RMF-1-1, (i) no
Dwelling Units served by the portions of such cul-de-saccul-de-sac located outside
of Planning Area RMF-1-1, excepting any Dwelling Units located within Planning
Area K and served by such cul-de-saccul-de-sac, shall be counted toward the
foregoing 280 Dwelling Unit limitation; and (ii) the portion of any such cul-de-
saccul-de-sac located within Planning Area RMF-1-1 shall be deemed separate and
distinct from, and not included with, any portion of the same cul-de-saccul-de-sac
located outside of Planning Area RMF-1-1, excepting any portion of such cul-de-
saccul-de-sac located within Planning Area K, for purposes of calculating the
Dwelling Units counted toward the foregoing 280 Dwelling Unit limitation.
(f) Parking Requirements: As set forth in the Parking Regulations.
(g) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section I below.
(h) Street Requirements: Subject to Section D.9(e)(ii), streets are subject to
the standards set forth in Exhibit F of this PUD Guide.
10. Planning Areas P1-P3: Parkland-..
(a) Uses By Right: Except as specifically identified as Special Review Uses in
Section D.10(b) below or specifically prohibited in Section D.10(c) below, the following
Primary Uses and Accessory Uses:
(i) Agricultural Use (as an Interim Use only).
(ii) Community Facilities (subject to review and written approval of
such Uses by the Design Review Board).
(iii) Equestrian, pedestrian and bicycle trails.
(iv) Landscape improvements.
(v) Indoor and outdoor, sports, training and recreation facilities.
(vi) Lakes, ponds, reservoirs and irrigation ditches.
(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
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
subject to review and written approval by the Design Review Board authorizing
such Use.
(xii) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and
Wireless Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(b) Special Review Uses:
(i) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(ii) (iii) Wireless Telecommunications Equipment (antenna towers
only) and Wireless Telecommunications Facilities (antenna towers only), each of
the foregoing being subject to review and written approval by the Design Review
Board authorizing such Use.
(c) Prohibited Uses:
(i) Residential Uses.
(ii) Commercial Uses (except as specifically included in
Sections D.10(a) or D.10(b)).
(iii) Industrial Uses.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: No minimum except must be
sufficient to accommodate utilities, drainage, access, fire and building code
regulations and flood plain of live streams.
(ii) Maximum Building Height: 35 feet.
(iii) Maximum Site Coverage: Not applicable.
(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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2985509.13
11. Planning Areas OS1 – 0S7OS7: Natural Open Space..
(a) Uses By Right: Except as specifically identified as Special Review Uses in
Section D.11(b) below or specifically prohibited in Section D.11(c) below, the following
Primary Uses and Accessory Uses:
(i) Agricultural Use (as an Interim Use only).
(ii) Equestrian, pedestrian and bicycle trails.
(iii) Landscape improvements.
(iv) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services.
(v) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and
Wireless Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(vi) Infrastructure.
(vii) Dry Utilities.
(viii) Snow storage.
(ix) Public or private roads and utilities including but not limited to
utility improvements, lines and mains, facilities, services and buildings; provided,
however, such uses which are located in Planning Area OS6 shall be oriented on a
generally north-south axis.
(x) OS1 – 0S5OS5 and OS7:
(1) Lakes, ponds, reservoirs and irrigation ditches.
(2) Park and picnic facilities and related parking.
(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.
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(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-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).
EXHIBIT B TO ORDINANCE 26-02
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2985509.13
(ii) Public Facilities.
(iii) Landscape improvements.
(iv) Infrastructure.
(v) Dry Utilities (subject to review and written approval of such Use by
the Design Review Board).
(vi) Within Tract E, Final Plat, The Village At Avon Filing 3 (Planning
Area PF-3-3), and Tract F, Final Plat, The Village At Avon Filing 3 as amended
(Planning Area PF-2-2), in accordance with and subject to the terms and conditions
of Ordinance No. 06-1606-16:
(1) emergency services facilities such as ambulance, fire
protection; and
(2) similar uses and services as determined by the Director.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section E below:
(i) Lakes, ponds, reservoirs and irrigation ditches.
(ii) Park and picnic facilities and related parking.
(c) Prohibited Uses: All Uses other than Uses by Right and Special Review
Uses specifically listed above.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: Not applicable.
(ii) Maximum Building Height: 35 feet.
(1) Planning Area PF-1: 48 feet.
(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.
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(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
13. Planning Areas CH-1 and CH-2 – Community Housing
(a) Purpose: To mitigate the impact of the proposed development within The
Village (at Avon) by providing land for Community Housing Units needs generated by the
Uses proposed for development within The Village (at Avon) as reasonably necessary to
serve The Village (at Avon) and future residents thereof.
(b) Uses by Right: Except as specifically identified as Special Review Uses in
Section D.13(c) below, or specifically prohibited in Section D.13(d) below, the following
Primary and Accessory Uses:
(i) Community Housing Units, subject to the limitations set forth in
Section I.15 of the Community Housing Plan.
(ii) Infrastructure.
(iii) Dry Utilities.
(iv) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(v) Planning Area CH-2, within Lot 5, Final Plat, The Village (at Avon)
Filing 1 Only:
(1) Public Facilities.
(c) Special Review Use:
(i) Child Care Center as an Accessory Use to Community Housing
Units.
(d) Prohibited Uses:
(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.
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(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.
(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
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from the Water Bank (as defined in Section 3.4(a) of the Development Agreement)
without Master Landowner’s prior written approval.
(iii) The Community Housing Units in Planning Area CH-1 and CH-2
will count toward satisfaction of the number of Community Housing Units required
pursuant to Section I.15(a) of the Community Housing Plan.
E. SPECIAL REVIEW USE..
1. Special Review Use Permit..
(a) A Special Review Use shall require a special review use permit prior to the
issuance of a building permit or the commencement of the use identified as a Special
Review Use in the Development Standards.
(b) A Special Review Use shall not be considered a Use by Right without
review and approval, as set forth in Section E.2 below, nor shall a Special Review Use be
permitted unless the Design Review Board approves a development plan for the applicable
Site.
(c) The procedural and substantive requirements set forth in this Section E
constitute the sole and exclusive special review use regulations applicable within The
Village (at Avon) PUD and expressly supersede any additional or conflicting provisions of
the Municipal Code.
2. Application Filing and Processing..
(a) An Application with required materials (see Section E.3 below) shall be
filed with Community Development. Only complete submittals shall be accepted.
(b) Staff shall review the Application in accordance with the criteria established
in this section and present the Application at a public hearing, which public hearing before
the Planning and Zoning Commission shall be in accordance with Section 7.16.020(e) of
the Development Code.
(c) Developments and uses granted by special review use permit shall be
developed or established in accordance with the timeframe provided in the approved
special review use permit, or within two years of the date of approval if the timeframe is
not established in the approved special review use permit. Subject to extension in
accordance with Section E.5(b) below, failure to develop or establish such development 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
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Use ceases operation for any reason for a period of one year, the special review use permit
shall be deemed expired.
(e) If the conditions of a permit become the responsibility of a person or entity
other than the Applicant, Community Development shall be notified in writing, identifying
the new person or entity responsible for maintaining the conditions of the approval/permit.
Until such notice is received, the Applicant shall remain responsible. Such notice shall be
attached to the permit on file at Community Development.
(f) If conditions of approval are not maintained, it shall be considered a
violation of the Development Plan and the special review use permit shall be subject to
revocation proceedings in accordance with the applicable provisions of the Municipal
Code, the Design Review Guidelines and the Design Covenant.
3. Submittal Requirements for Special Review Use. Only complete submittals shall
be accepted. No Application shall be deemed complete unless the Applicant has submitted to
Community Development any or all of the following materials which are, in the opinion of the
Director, relevant to the particular permit being requested:
(a) A complete special review use permit Application and required fee;
(b) A legal description of the parcel;
(c) A site plan showing proposed Uses and structures on the property;
(d) Scaled elevations and/or perspective drawings of any proposed structures;
(e) A proposed development schedule indicating:
(i) Date of the beginning of the Use and/or construction;
(ii) Phases in which the project may be developed and the anticipated
rate of development;
(iii) The anticipated date of completion of the project;
(f) Any agreements, provisions or covenants to be recorded;
(g) Restoration or reclamation plans shall be required for all Uses requiring
extensive grading, for extractive Uses, and may be required for other Uses as necessary;
(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.
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4. Criteria for Review, Recommendation, and Approval of Special Review Uses .
When evaluating an Application for a special review use permit, staff and the planning and zoning
commission shall consider the following criteria:
(a) Whether the proposed Use otherwise complies with all requirements
imposed by the Development Plan;
(b) Whether the proposed Use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and features, site design,
and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety
and other similar Development Standards;
(c) Any significant adverse impacts (including but not limited to, hours of
operation, traffic generation, lighting, noise, odor, dust, and other external impacts)
anticipated to result from the use shall be mitigated or offset to the maximum extent
practicable; and
(d) Facilities and services (including sewage and waste disposal, water, gas,
electricity, police and fire protection and roads and transportation, as applicable) shall be
available to serve the subject property while maintaining adequate levels of service for
existing development.
5. Amendments to Special Review Use Permit..
(a) No approved Special Review Use may be modified, structurally enlarged or
expanded in ground area, unless such modification, enlargement or expansion receives the
prior approval of the Planning and Zoning Commission, which shall be obtained by
repetition of the granting procedures provided in this Section E or the Planning and Zoning
Commission expressly authorizes modifications, enlargement or expansions of the Special
Review Use in the prior approval of the Special Review Use. The Planning and Zoning
Commission may authorize administrative approval of modifications, enlargement and
expansion of Special Review Uses and may define a percentage or other parameter change
to square footage of such Use, hours of operation, traffic or other aspects of the approved
Special Review Use.
(b) At least thirty (30) days prior to the expiration date of a special review use
permit due to cessation of an approved Special Review Use for any reason for a period of
one year, due to failure to develop or establish an approved Special Review Use in
accordance with the timeframe established on the permit (or two years from the date of
such approval if no timeframe is established on the permit) as provided for in Section E.2
above, or due to expiration of a term established in the Special Review Use approval, an
Applicant may request, in writing, approval of an extension of such expiration date. The
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.
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F. TEMPORARY USES AND STRUCTURES. Temporary Uses and Structures shall be
allowed in accordance with the substantive and procedural requirements of the Development Code;
provided, however, no Temporary Use or Structure shall be permitted unless the Design Review
Board approves a development plan for the applicable Site as evidenced by the issuance of a
certificate of Design Review Board approval affixed to the Application.
G. SUBDIVISION..
1. General; Applicability..
(a) Except as modified by this Section G, the procedural and substantive
requirements set forth Section 7.16.070 of the Development Code, as in effect on the date
of execution of the Settlement Term SheetOctober 7, 2011, as attached as Exhibit IH to this
PUD Guide, shall apply to Planning Areas A, B, C, D, E, F and, J, K, and RMF-1
(collectively, the “Administrative Subdivision Areas”). Notwithstanding the foregoing,
if, subsequent to the Effective DateOctober 7, 2011, the Town amends from time to time
Section 7.16.070 of the Development Code, the Master DeveloperLandowner, in its sole
discretion, may consider amendment of this PUD Guide to incorporate such amended
provisions herein, which amendment(s), if any, shall be processed in accordance with the
administrative amendment procedure set forth in Section H.3.
(b) Except as modified by Section G.1(c), subdivision within all Planning
Areas excepting the Administrative Subdivision Areas shall be in accordance with
Section 7.16.070 of the Development Code.
(c) Subdivision review and approval shall not be required for any division of
land within The Village (at Avon) for any of the following:
(i) Creation of a lien, mortgage, deed of trust or any other security
instrument;
(ii) Creation of any interest in an investment entity;
(iii) Creation of cemetery lots;
(iv) Creation of an interest or interests in oil, gas, minerals or water that
are severed from the surface ownership of real property;
(v) Acquisition of an interest in land in the name of a husband or wife
or other persons in joint tenancy, or as tenants in common of such interest, and any
interest in common owned in joint tenancy shall be considered a single interest;
(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;
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(viii) Any transfer by operation of law or bequest;
(ix) Lease of property (granting of leasehold interests) for any period of
time;
(x) Division of land created by the foreclosure, or provision of deed-in-
lieu of foreclosure, of a lien, mortgage, deed of trust or any other security
instrument.
2. Application Submittal Items. With respect to any submittal item for a Final Plat
Application within the Administrative Subdivision Areas required by the Town, if the Applicant
disagrees with the determination of staff or the Director, as applicable, with respect to the necessity
of such submittal item or the required substance or required quality of such submittal item, the
Town and the Applicant shall jointly appoint a third party having experience in engineering and
subdivision matters to review the Final Plat Application and decide upon the appropriateness of
requiring such submittal item or the appropriateness of the required substance or required quality
of such submittal item, as applicable. Such third party’s determination shall be binding upon the
Town and the Applicant. Notwithstanding the foregoing, in no event shall the Town require any
submittal item for a Final Plat Application that relates to matters that are within the exclusive
authority of the Design Review Board to approve, including without limitation, architectural
design, landscape design, urban design and site design.
3. ProcedureProcedure. 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:
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(a) (i) 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) (ii) 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.
(c) (iii) 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) (iv) 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) (v) 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
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(v) Connection from westernmost roundabout on Main Street to East
Beaver Creek Boulevard.
(vi) Connection across Planning Area J located east of Post
Boulevard/Swift Gulch Road roundabout to northeast corner of the “Forest Service
parcel” located east of Planning Area J and west of Planning Area I.
(c) For any Application for an Administrative Subdivision Area submitted to
Town Council pursuant to Section G.5(b), Town Council shall render a decision on the
Application after conducting a public hearing, and public notice of the Town Council
hearing on such Application shall be given in accordance with the requirements of the
Development Code.
H. DEVELOPMENT PLAN AMENDMENT PROCEDURES..
1. General..
(a) Amendments to this PUD Guide may be processed by the Town either
formally or administratively, with the determination of the applicable procedure to be made
in strict compliance with the terms and conditions of this Section H.
(b) During the term of the Vested Property Rights, no amendment to or variance
from the terms of the Development Plan, and no application for rezoning of all or any part
of the property included within The Village (at Avon) PUD, shall be accepted for
processing, or approved or undertaken by the Town without the prior written consent of the
Master DeveloperLandowner.
(c) Any such amendment shall contain the statement required pursuant to
Section 7.16.140(d) of the Development Code, shall be processed and otherwise
implemented in compliance with the terms and conditions set forth in Section A.3 above,
and shall create Vested Property Rights for the duration of the term set forth in Section A.3
above. No such amendment shall divest, limit or otherwise impair any Vested Property
Right set forth in Section A.3 above.
(d) Prior to the Director or Council, as applicable, rendering a decision to reject
or deny an Application for an amendment to the Development Plan, the Director or
Council, as applicable, shall give the Applicant prior written notice of the Director’s, or
Council’s, as applicable, intent to reject or deny such Application, which notice shall
include a detailed accounting of the reasons for such intended rejection or denial and
proposed recommendation(s) for satisfactorily addressing such deficiencies, and the
Applicant shall have an opportunity within the timeframes afforded by the Development
Code to amend such Application prior to the Director or Council, as applicable, finally
rejecting or denying the Application.
2. Formal AmendmentsFormal 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
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Guide. Nothing herein shall be deemed to prevent an Applicant from voluntarily choosing to apply
for a formal amendment, or from appealing to Council or the courts the Director’s determination
of eligibility for administrative amendment and/or denial of a request for an administrative
amendment.
3. Administrative Amendments..
(a) Intent; Determination of Applicable Amendment Procedure. The intent
of this Section H.3 is to provide a simplified amendment procedure for minor modifications
to this PUD Guide. As used herein, the term “minor modifications” means an Application
meeting the criteria stated Section H.3(b)(i) through H.3(b)(vi) below, which shall be
processed as an administrative amendment application, and an Application meeting the
criteria stated in Section H.3(b)(vii) below, which may be processed as an administrative
amendment application in the discretion of the Director.
(b) Qualifying Administrative Amendments. An Application for
administrative amendment that complies with (I) the specific criteria for approval set forth
in Sections H.3(b)(i) through H.3(b)(vi) below, as applicable, shall be processed and
approved administratively, and shall be entitled to a presumption of compliance with the
general criteria for approval set forth in Section H.3(b)(vii) below; or (II) the general
criteria for approval set forth in Section H.3(b)(vii) below may be processed and approved
administratively:
(i) Density Allowance. Provided the aggregate number of Dwelling
Units within Planning Areas A, C, D, F, G, H, J, K, RMF 1 and RMF 2 does not
exceed 2,400, a ten percent (10%) increase in the number of Dwelling Units
allowed within any Planning Area stated herein.
(ii) Road Alignments. Changes to public or private street locations,
internal circulation design/pattern or traffic capacity of the overall road network
within the Property that has been approved by the Town and which may require a
conforming amendment to this PUD Guide shall be processed and approved
administratively.
(iii) Public Improvements. Amendments to the Development
Agreement, if any, that affect the scope of Public Improvements may require a
conforming administrative amendment to this PUD Guide, if the revision affects
Development Standards for a particular Site or Planning Area.
(iv) Subdivision Related Changes Affecting Development Plans. If the
Town approves any Preliminary Plan or Final Plat that incorporates any 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
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conforming amendment to this PUD Guide include, without limitation, lot line
locations, right-of-way locations, internal public or private roadway locations,
emergency access locations, utility locations, vacations, Planning Area boundaries,
Building Envelope locations and/or areas, and other similar elements. Such
conforming amendments shall apply only to the specific Lot(s) or Planning Area(s)
affected by the Preliminary Plan or Final Plat the approval of which necessitated
the conforming amendment. Any proposed elimination of a Required Street
Connection that is not processed and approved in connection with a Preliminary
Plan or Final Plat shall be subject to the formal amendment process set forth in
Section H.2.
(v) Planning Area Boundaries and Lot Lines. With the written consent
of the Master DeveloperLandowner, an Applicant may amend the PUD Master Plan
to increase or decrease the size of any Planning Area to conform the PUD Master
Plan to an approved Final Plat or Application therefor that is being processed
concurrently with such PUD Master Plan amendment. In addition, with the consent
of the Master DeveloperLandowner, an Applicant may amend the PUD Master Plan
to relocate or otherwise modify Lot lines and Planning Area boundaries and
locations due to site planning or engineering considerations that are not directly
associated with an approved or in-process Final Plat or other Application. The
foregoing PUD Master Plan amendments and any other conforming amendments
to this PUD Guide (to the extent that such modifications are necessary or desirable
in connection with such PUD Master Plan amendments) shall be processed and
approved administratively so long as the size of largest affected Planning Area is
not increased or decreased by more than 10 percent. [e.g., if Planning Area X is
30 acres and Planning Area Y is 10 acres and abuts Planning Area X, Planning
Area X (being the larger of the two planning areas) may be increased by three acres
(30 acres X 10% = 3 acres) and Planning Area Y may be decreased by the
corresponding three acres, and such amendment to the PUD Master Plan shall be
administratively approved.] The relocation of an entire Planning Area to another
location within The Village (at Avon) PUD shall follow the formal amendment
process.
(vi) Certain Text Amendments. Amendments to this PUD Guide as
contemplated by Section A.1 (Definitions) and, Section G (Subdivision) and,
Section I.15 (AffordableCommunity Housing Plan), and Exhibit C (Parking
Regulations) shall be processed and approved administratively. Any amendment to
this PUD Guide shall be processed and approved administratively. If the Master
DeveloperLandowner, in its sole discretion, submits an Application to the Town to
amend this PUD Guide to substitute Chapter 15.30 of the Municipal 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
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Development Standards which comply with the following general criteria for
approval:
(1) are not materially incompatible with immediately adjacent
Uses; and
(2) are not fundamentally inconsistent with the Development
Standards set forth in this PUD Guide other than the specific Development
Standard addressed by the requested amendment; and
(3) incorporate measures which adequately address significant
impacts, if any, to immediately adjacent Uses.
(c) Procedure.
(i) Applicants must meet with the Director or his or her designated
representative prior to submittal of an administrative amendment request (unless
waived by the Director) in order to obtain input into the appropriateness of the
request and the materials required to be submitted with the request.
(ii) Upon a complete submittal of the required materials, the Director
shall determine, within fifteen (15) days after submittal of the request, the
completeness of the request and whether it qualifies to be processed
administratively. With respect to administrative amendments contemplated in
Section H.3(b)(vi), the Director’s review shall be limited to signing off on the form
of instrument submitted by the Applicant for recording in the real property records
for the County of Eagle, State of Colorado pursuant to Section H.3(c)(v).
(iii) If the administrative amendment request complies with
Sections H.3(b)(i) through H.3(b)(vii) above, as applicable, it shall be processed
administratively and the Director is authorized to approve the request. If the request
does not comply with Sections H.3(b)(i) through H.3(b)(vii), as applicable,
Section H.2 above shall apply to the request.
(iv) The Applicant may appeal any action or decision of the Director
with respect to an administrative amendment request to Council by filing a written
request for such appeal with the Town Clerk by not later than 5:00 p.m. on the 30th
day following the action or decision being appealed. Such appeal may request a
review of the Director’s determination of an Application’s eligibility for
administrative processing and/or the Director’s decision to deny or approve with
conditions an administrative amendment Application.
(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.
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4. Modifications Not Requiring Amendment..
(a) No amendment (formal or administrative) to the Development Plan, or
applicable component thereof, shall be required to modify the following Development
Standards:
(i) Maximum and Minimum Development Standards. No amendment
shall be required for (x) reductions to density allowance, maximum Building
Height, square footage allowance and Site Coverage Development Standards, or
(y) increases to minimum Building Setback, Lot Area and parking requirements.
(ii) Planning Area K Building Envelopes. No PUD Guide amendment
shall be required with respect to the establishment of the final Building Envelope
of a Lot or Site within Planning Area K, it being the intent of this PUD Guide that
Building Envelopes within Planning Area K shall be established only pursuant to a
Final Plat as otherwise set forth in this PUD Guide.
(b) If a modification to this PUD Guide does not require an amendment
pursuant to this Section H.4, the Applicant shall submit to Community Development a
revised PUD Guide setting forth such modification. Such revised documentation shall be
signed by the Master DeveloperLandowner and the owner(s) of record, will be kept on file
at Community Development, and shall be recorded in the real property records for the
County of Eagle, State of Colorado.
I. SUPPLEMENTAL REGULATIONS..
1. Interim UsesInterim 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
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10 days in the aggregate in a calendar year, provided that such Use exceeding
10 days in the aggregate in a calendar year shall require a Temporary Use permit.
(iv) Recycling Facility and trash drop-off within Planning Areas A
and D existing as of the Effective Date.
(v) Snow storage within undeveloped portions of The Village (at Avon)
PUD generally.
(vi) The Mobile Home office/storage Use existing as of the Effective
Date and community garden within Planning Area A.
(b) Agricultural and snow storage Uses (unless specifically designated as ana
Prohibited Use within the applicable Planning Area) shall be permitted on undeveloped
land within all Planning Areas until such time as the Town approves an initial building
permit Application for construction of a Building on the applicable Site, provided that such
Uses may continue on the portion of the applicable Planning Area for which a building
permit Application has not been approved by the Town.
2. Solid Fuel Burning Devices. Development within The Village (at Avon) PUD
shall comply with Chapter 15.24, Solid Fuel Burning Devices, of the Municipal Code, as in effect
on the date of execution of the Settlement Term SheetOctober 7, 2011.
3. SignsSigns. 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 RequirementsParking 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.
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5. Surface Parking Landscaping Requirements. A 10’ wide perimeter landscape
buffer shall be installed and maintained for all outdoor surface parking lots within The Village (at
Avon) PUD, except for points of ingress and egress to the parking lot, and except for those portions
of the perimeter that abut existing or planned outdoor surface parking areas. The landscaping plan
for such landscape buffers shall comply with applicable provisions of the Design Review
Guidelines, and shall be subject to prior approval of the Design Review Board.
6. Drainage Requirements..
(a) In addition to the Town’s drainage provisions, the following provisions shall
also apply to drainage:
(i) Floodplains that are a result of manmade structures can be
eliminated by enlarging the existing drainage conveyance facilities such that
excessive backwater/floodplains would be diminished, but in no event shall such
enlargement of existing facilities cause an increase in the 100-year flood level
elevation on adjacent or downstream properties.
(ii) If demonstrated that the release of flows directly into the Eagle River
does not result in an increase of the 100-year flood level elevation of the Eagle
River, such developed releases shall be allowed. This determination shall be based
upon analysis of the Eagle River basin hydrograph and the site-developed
hydrograph being combined.
(b) In processing any Application for development within the Property, the
Town shall incorporate the assumptions of the drainage study prepared by David Johnson
for the Property (the “Johnson Study”) with respect to reducing the calculated stormwater
flows, management and detention requirements based on the mitigating effect of vegetation
within the Property. The assumptions set forth in the Johnson Study shall govern and
control over any conflicting provisions or assumptions in the Town’s drainage master plan,
as may be amended from time to time; provided, however, if the Town amends its drainage
master plan, which amendment results in less restrictive or less burdensome provisions
than set forth in the Johnson Study, such less restrictive or less burdensome provisions in
the Town’s drainage master plan shall apply to the Property.
7. Sidewalk and Trail Standards. The minimum sidewalk and trail width standards
shall be as follows:
(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
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those subject matters expressly set forth in Section 7.16.120; or (b) Section 7.16.110 (variances)
of the Development Code.
9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge
Requirements. The following supplemental design and improvement standards shall apply to any
Hotel, Motel and Lodge Uses developed within Planning Area J (“Supplemental Hotel Design
Standards”) in addition to other applicable design standards set forth in this PUD Guide, including
without limitation, the Minimum Design Guideline Standards. Compliance with these
Supplemental Hotel Design Standards shall be confirmed by the Design Review Board and the
Director prior to issuance of any building permit for a Building designated for Hotel, Motel and
Lodging Uses. Deviations from these Supplemental Hotel Design Standards may be considered
and approved in accordance with Section 7.16.120 (alternative equivalent compliance) of the
Development Code. The Supplemental Hotel Design Standards are as follows:
(a) Exterior Building Materials and Color.
(i) Requirements
(1) A minimum of 20% of the vertical surfaces on each side of
the exterior building elevation shall be comprised of stone, brick, precast
concrete or cast stone.
(2) Colors shall have a LRV (Light Reflective Value) of
sixty (60) or less.
(3) All window frames shall be metal clad or alloy extrusions.
(ii) Prohibited
(1) Colors shall not have a LRV greater than sixty (60).
(2) Asphalt siding, imitation brick, asbestos cement shingles or
siding, imitation log siding, aluminum or vinyl siding and exterior insulated
finishing system (EIFS) are not permitted.
(3) Reflective glass shall not be permitted.
(b) Roofs.
(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.
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(3) Overhangs are required. Buildings of two (2) stories or less
shall have an overhang of no less than eighteen (18) inches, measured from
the point where the wall meets the roof. Three (3) to four (4) story
Buildings shall have an overhang of no less than twenty-
fourtwenty-four (24) inches, measured from the point where the wall meets
the roof.
(ii) Flat. Flat roofs shall have concrete pavers or stone ballast. Grass
roofs and solar and thermal collectors are permitted.
(c) Screening. All mechanical, communications and electrical equipment (wall
and roof mounted) shall be screened from view of the adjacent street level with siding
and/or roofing materials consistent with the Structure. All vent terminations, flashings,
flues, safety apparatus and similar features shall utilize adjacent materials.
(d) Articulation. Walls shall not span more than fifty (50) feet horizontally
without a minimum of two (2) feet variation in the horizontal wall plane. Walls shall not
span more than thirty (30) feet on any floor level without a minimum of
one (1) architectural element.
10. Wildlife Mitigation Plan. Development within The Village (at Avon) PUD shall
comply with the Wildlife Mitigation Plan attached as Exhibit D to this PUD Guide, which is and
shall constitute the sole and exclusive wildlife mitigation measures required for The Village (at
Avon) PUD and expressly supersedes any wildlife mitigation regulations set forth in the Municipal
Code.
11. Design Review Guidelines..
(a) The Master DeveloperLandowner previously has prepared, and the Design
Review Board previously has adopted, Design Review Guidelines which the Design
Review Board utilized and shall utilize for review of all development proposals within The
Village (at Avon). For portions of the Property south of Interstate 70 and all portions of
the Property north of Interstate 70 other than Planning Area RMF-1-1 and Planning Area K,
the Design Review Guidelines shall contain, among other matters, requirements and
standards that meet or exceed the Minimum Design Review Standards.
(b) The Master DeveloperLandowner or the Design Review Board may, in
accordance with the terms and conditions of the Design Covenant and the Design Review
Guidelines, as applicable, amend the approved and adopted Design Review Guidelines.
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.
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(c) The Design Review Board shall have primary responsibility for enforcing
the Design Review Guidelines. If Council determines in good faith at a public hearing
after notice to the Design Review Board (which notice shall be in writing and given no
later than twenty (20) days prior to the date of such hearing by certified mail addressed to
the President of the Design Review Board) that the Design Review Board is not properly
enforcing the Design Review Guidelines, Council shall provide written notice to the Design
Review Board of such determination. Such notice shall state with particularity the alleged
failure and Council’s factual findings supporting such determination. If the Design Review
Board fails to correct the stated deficiency within thirty (30) days after receipt of such
notice, Council may, but shall not be obligated to, enforce the Design Review Guidelines
with respect to the matters addressed in the notice.
(d) Nothing in this Section I.11 shall be deemed to prevent Master
DeveloperLandowner and/or the Design Review Board from appealing to the courts the
disapproval of the Design Review Guidelines by the Town or enforcement of the Design
Review Guidelines, or from pursuing in the courts any remedy otherwise available at law
or in equity.
12. Natural Resource Protection. Development within The Village (at Avon) PUD
shall comply with Section 7.28.100 of the Development Code, as in effect on the date of execution
of the Settlement Term SheetOctober 7, 2011, except as set forth in this section or expressly
exempted in Exhibit G to this PUD Guide. Notwithstanding any contrary provision of the
Municipal Code, as in effect from time to time, development within The Village (at Avon) PUD
may occur on slopes of thirty percent (30%) or greater for public improvements, other
infrastructure improvements, streets, drive lanes, driveways, utilities and similar improvements.
13. Residential Fire Suppression Systems. All single-family and multi-family
residential structures constructed in Planning Area RMF-1-1 and in Planning Area K shall include
fire suppression 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-1-1 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. Community Housing PlanAffordable 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.
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 (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.
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(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.
(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
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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.
(i) The sale of units shall be restricted to “Qualified Buyers,” defined as
follows:
(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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(ii) An annual price appreciation cap of 3%, or such higher percentage as
the Town Council may approve from time to time, will be established.
(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 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
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a certificate of occupancy for the Dwelling Unit constituting the 601st Dwelling
Unit within the Property that otherwise is eligible to receive a certificate of
occupancy.
(ii) Construction of the second fifty percent (50%) of the community
park shall be commenced prior to the date that the Town’s obligation arises to issue
a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling
Unit within the Property that otherwise is eligible to receive a certificate of
occupancy.
(iii) Once commenced, construction of the improvements contemplated
in (i) and (ii) above shall be prosecuted with due diligence in accordance with
sound construction practices.
(b) Pocket Parks (Planning Areas P1 and P2).
(i) As of the Effective Date, the Master Developer and the Developer
AffiliatesLandowner and the Affiliated Landowners have fully satisfied all
obligations with respect to provision of a pocket park within Planning Area P2.
(ii) The Master Developer and/or Developer AffiliatesLandowner
and/or Affiliated Landowners shall dedicate to the Town a pocket park generally
comprising Planning Area P1 contemporaneously with the Town’s approval of the
first Final Plat within Planning Area C, provided that any and all improvements to
and within Planning Area P1 shall be the sole responsibility of the Town.
(c) Additional Parkland Dedication. As and when set forth in Section 3.7(d)
of the Development Agreement, Master DeveloperLandowner and/or the Developer
AffiliatesAffiliated Landowners shall dedicate certain additional parkland to the Town
comprising 5.8 acres in the aggregate within Planning Areas K, J and I; provided however,
Master DeveloperLandowner and/or the Developer AffiliatesAffiliated Landowners may,
in their sole discretion, dedicate any or all of such additional parkland in Planning
Areas A, C and/or D, which dedicated parkland may be adjacent to Planning 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
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(v) Unless dedicated for linear park purposes (i.e., multi-use trails,
bikepaths, etc.), at least fifty percent (50%) of the dedicated parkland shall be well-
drained and level.
(d) Planning Area B.
(i) Contemporaneously withPrior to the Effective Date and as
contemplated by the Settlement Term Sheet, the Town has approved a Final Plat for
Planning Area B and Traer Creek-RP hasCreek-RP executed and delivered to the
Town a special warranty deed for the purpose of conveying to the Town fee simple
ownership of Planning Area B, subject to the terms and conditions set forth in the
special warranty deed and further subject to compliance with all applicable terms,
conditions, regulations and requirements of this PUD Guide and the Design
Covenant.
(ii) At such time as the Town determines desirable, the Town shall be
responsible for the cost of all design, construction, operation and maintenance of
improvements within or upon Planning Area B. All such Uses and improvements
within or upon Planning Area B shall be subject to review and written approval of
the Design Review Board.
(iii) As and when Master DeveloperLandowner determines it to be
necessary or desirable in connection with development within Planning Areas that
abut or are adjacent to Planning Areas B and upon submittal of an Application for
such purposes, the boundaries of Planning Area B shall be modified pursuant to the
administrative platting procedures set forth in Section G of this PUD Guide, subject
to the following conditions:
(1) The Town has not previously constructed improvements
within or upon Planning Area B that make such modifications impossible
or that would cause such modifications to unreasonably interfere with the
Town’s operation and use of such previously constructed improvements;
(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.
EXHIBIT B TO ORDINANCE 26-02
Exhibit A-
Page 1
1650530.6 2985509.13
EXHIBIT A EXHIBIT A
Legal Description
EXHIBIT B TO ORDINANCE 26-02
Exhibit A-
Page 2
1650530.6 2985509.13
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 B TO ORDINANCE 26-02
Exhibit A-
Page 3
1650530.6 2985509.13
EXHIBIT B TO ORDINANCE 26-02
Exhibit A-
Page 4
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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 B TO ORDINANCE 26-02
Exhibit A-
Page 5
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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
EXHIBIT B TO ORDINANCE 26-02
Exhibit A-
Page 6
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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 0 6°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 B TO ORDINANCE 26-02
Exhibit A-
Page 7
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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-
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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-
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EXHIBIT B EXHIBIT B
PUD Master Plan[Follows This Page]
EXHIBIT B TO ORDINANCE 26-02
EXHIBIT B TO ORDINANCE 26-02
Exhibit C-
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EXHIBIT C 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, 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
EXHIBIT B TO ORDINANCE 26-02
Exhibit C-
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(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-
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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-
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EXHIBIT B TO ORDINANCE 26-02
Exhibit C-
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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-
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EXHIBIT D EXHIBIT D
Wildlife Mitigation Plan
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-
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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 E-
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EXHIBIT E EXHIBIT E
Minimum Design Guideline Standards
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-
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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-
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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 F-
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EXHIBIT F EXHIBIT F
Street Standards
A. 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.
(a) (i) 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.
(b) (ii) 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) (iii) 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.
(d) (iv) 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) (v) 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) (vi) 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) (vii) 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
EXHIBIT B TO ORDINANCE 26-02
Exhibit F-
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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
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 lan es 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) (viii) 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.
(i) (ix) 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) (x) 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) (1) At the option of the applicant this may be designated as a one-
way street.
(k) (xi) 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).
(l) (xii) 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).
(m) (xiii) 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.
EXHIBIT B TO ORDINANCE 26-02
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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).
(n) (xiv) 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).
(o) (xv) 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)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 port ion 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) 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 B TO ORDINANCE 26-02
Exhibit G-
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EXHIBIT G 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-StreetOff-Street Parking
(k) § 7.28.020(g) Computation of Parking and Loading Requirements
(l) § 7.28.020(h) Off-SiteOff-Site Parking
(m) § 7.28.050 Landscaping
(n) § 7.28.070(b)(4) Retaining Walls
(o) § 7.28.060 Screening
(p) § 7.28.090 Design Standards, provided that subsection (c)(5) shall apply
(q) §§ 7.28.100(a)(3)(v), (x) & (xiii)(D) Natural Resource Protection
(r) §§ 7.28.100(a)(3)(xiii)(E) Natural Resource Protection (only with respect to
Planning Areas I, K and RMF-1-1)
(s) §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and
Specifications
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(t) § 7.32.030(l) Engineering Improvement Standards: Streets; Grades, Curves, and
Sight Distances
(u) § 7.32.030(m) Engineering Improvement Standards: Streets; Cul-de-
sacsCul-de-sacs
(v) § 7.32.040(c) Paved Trail Design: Minimum Width
(w) § 7.32.040(e) Paved Trail Design: Grades
(x) § 7.32.080 School Site Dedication (Pursuant to Section 3.7(a) of the Development
Agreement, Section 7.32.080 of the Development Code with respect to school site
dedications, subject to the provisions of Section 3.9(b) of the Development
Agreement)
(y) § 7.32.090 Park Land Dedication, subject to the provisions of Section 3.9(b) of the
Development Agreement
(z) § 7.40 1041 Regulations
2. Other Municipal Code Provisions:
(a) Chapter 3.40 Impact Fees, subject to the provisions of Section 3.9(b) of the
Development Agreement
(b) Chapter 8.32 Wildlife Protection
(c) Chapter 15.28 Sign Code (excluding Section 15.28.050(c) (sign installation
permit))
(d) Chapter 15.30 Outdoor Lighting Standards
(e) Impact fees enacted or adopted after the Effective DateAugust 1, 2014, the impacts
of The Village (at Avon) being adequately mitigated by, among other matters, the
payment of the impact fees set forth in Section 3.8 of the Development Agreement,
subject to the provisions of Section 3.9(b) of the Development Agreement.
(f) Pursuant to Section I.15 of this PUD Guide, any affordable housing, attainable
housing and/or employee workforce housing provisions of the Municipal Code,
subject to the provisions of Section 3.9(b) of the Development Agreement.
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Exhibit H
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EXHIBIT H
Section 7.16.070 of Development Code7.16.07 Subdivisions.
The purpose of the subdivision review procedures is to ensure compliance with all the
standards and requirements in this Development Code and encourage quality development
consistent with the goals, policies and objectives in the Comprehensive Plan.
(a) Applicability. The procedures of this Section and the standards in Chapter 7.32,
Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result
in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including land
used for condominiums, apartments or any other multiple dwelling units or creation of an estate in
airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that
has been created or subdivided in the past is later described as a single tract in deeds or plat by the
legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier
subdivision, shall be subject to the requirements of these regulations. If any tract of land or
airspace has been subdivided as one (1) type of subdivision and thereafter is subdivided so as to
create a different 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
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2985509.13
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
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2985509.13
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
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(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.
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(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
H-
Exhibit I
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EXHIBIT I EXHIBIT H
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 0 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, Tra er 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
recorded in the real property records of Eagle County, Colorado, on August 1, 2014 at Reception
No. 201412778.
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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
(ii) with respect to Minor Uses, passenger and light truck oriented motor vehicles,
trailer and similar mechanical equipment.
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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
calculation of Building Height any non-habitable Architectural Projections. The “reference
elevation” shall be:
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(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 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:
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(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:
(i) (a) Accommodations Units;
(ii) (b) Animal Boarding;
(iii) (c) assisted living facility;
(iv) (d) Automobile Repair Shop (Major or Minor);
(v) (e) bakeries;
(vi) (f) bar and tavern;
(vii) (g) barber and beauty shops;
(viii) (h) Bed and Breakfast;
(ix) (i) beverage stores, coffee shops;
(x) (j) Bus Stop;
(xi) (k) business and professional offices;
(xii) (l) Cabled Telecommunications Equipment;
(xiii) (m) Cabled Telecommunications Facilities;
(xiv) (n) Cabled Telecommunications Services;
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(xv) (o) car wash (as the Principal Use);
(xvi) (p) Child Care Center;
(xvii) (q) cinema;
(xviii) (r) clinic, intermediate medical care facility, urgent care facility, rehabilitation
centers and x-ray/MRI centers (i.e., out-patient services only);
(xix) (s) clothing stores;
(xx) (t) Community Facilities;
(xxi) (u) commercial offices;
(xxii) (v) Commercial Parking;
(xxiii) (w) Convenience Retail;
(xxiv) (x) department stores;
(xxv) (y) Drive-in Uses;
(xxvi) (z) employment agency;
(xxvii) (aa) Extended Stay Hotel;
(xxviii)(bb) Family Child Care Home;
(xxix) (cc) Grocery Store;
(xxx) (dd) Financial institutions;
(xxxi) (ee) fitness centers and health clubs;
(xxxii) (ff) furniture stores;
(xxxiii)(gg) hardware stores;
(xxxiv) (hh) Hotel, Motel and Lodge;
(xxxv) (ii) Home Occupations, Minor and Major;
(xxxvi) (jj) Hospitals;
(xxxvii) (kk) independent living facility;
(xxxviii) (ll) indoor entertainment facility;
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(xxxix) (mm) indoor storage;
(xl) (nn) Kennels;
(xli) (oo) laboratory;
(xlii) (pp) landscaping and snow removal services;
(xliii) (qq) laundromat/dry cleaning;
(xliv) (rr) 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) (ss) Medical Marijuana Businesses;
(xlvi) (tt) medical and dental offices;
(xlvii) (uu) meeting facility;
(xlviii) (vv) newspaper and commercial printing shops;
(xlix) (ww) Nude Entertainment Establishments;
(l) (xx) nursery or garden supply;
(li) (yy) Outdoor Storage;
(lii) (zz) pet shop (for the sale of pets, pet supplies and/or for domesticated animal
grooming);
(liii) (aaa) professional offices;
(liv) (bbb) real estate sales offices;
(lv) (ccc) photocopy and blueprint businesses;
(lvi) (ddd) Public Facilities;
(lvii) (eee) Private Parking;
(lviii) (fff) Public Parking;
(lix) (ggg) Recycling Facility;
(lx) (hhh) Recycling Processing Facility;
(lxi) (iii) Religious Facility;
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(lxii) (jjj) repair shops, small electronics repair;
(lxiii) (kkk) Restaurants;
(lxiv) (lll) Retail sales, specialty and gift shops; ski tuning; bike assembly
(lxv) (mmm) service and social clubs;
(lxvi) (nnn) Service Stations;
(lxvii) (ooo) Studios (music, dancing, photography, movie, art and broadcasting)
(lxviii) (ppp) tailor, seamstress, clothing alterations
(lxix) (qqq) tattoo parlor, body piercing
(lxx) (rrr) Temporally Divided Dwelling
(lxxi) (sss) theaters;
(lxxii) (ttt) trade schools and colleges;
(lxxiii) (uuu) Transit Shelter;
(lxxiv) (vvv) Wireless Telecommunications Equipment;
(lxxv) (www) Wireless Telecommunications Facilities;
(lxxvi) (xxx) Wireless Telecommunications Services;
(lxxvii)(yyy) Vacation Clubs;
(lxxviii) (zzz) 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.
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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.
Development Agreement means the Consolidated, Amended and Restated Annexation and
Development Agreement for The Village (at Avon) concerning the Property dated as of
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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 (including
Condominium Units designated for Residential Use), Primary/Secondary Dwelling or Major or
Minor Home Occupation.
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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.
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 o r
requires customers, delivery persons, employees or any person to enter the property on or within
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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
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
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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 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 appli cable) 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
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.
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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
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
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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, 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.
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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.
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.
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Prior Amendments has the meaning set forth in Section 0 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,
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 systems or
facilities; water systems or facilities; wastewater systems or facilities; st orm 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)).
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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.
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
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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 0 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
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.
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Site means a specifically described area of land which is the subject of a development Application,
and which may be a Lot, an aggregation of Lots within a Mixed Use Project or any other form of
designation or combination of designations of specifically described areas of land that are
otherwise eligible to be developed under the terms of this PUD Guide and applicable law.
Site Coverage means the ratio, expressed as a percentage, of the area of a Site which is rendered
impermeable by Buildings compared to the Lot Area (or in the case of an assemblage of Lots, the
gross area contained with the entire Site).
Special Review Use means a Use or Uses permitted to be developed or conducted within The
Village (at Avon) PUD only upon further Town review and approval of such Use in accordance
with and subject to compliance with the terms and conditions of Section E of this PUD Guide.
Any such Special Review Uses are further subject to compliance with the applicable Development
Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design
Review Board, and issuance of a building permit in accordance with Section A.4(h) above and any
applicable Town use permit or business permit in accordance with applicable requirements of the
Municipal Code, as superseded or modified by the Development Plan.
Story(ies) means a space in a Building between two adjacent floors or between a floor and an
adjacent roof, excluding vaulted spaces with or without a floor, outdoor area, rooftop patios/decks
and similar spaces, and excluding any Story which has a ceiling height that is less than 6 feet above
Finished Grade (e.g., basements, garden level basements and underground parking garages).
Where grades are necessary to be lowered to allow for vehicular parking garage access or
pedestrian access into a Story which has a ceiling height that is less than 6 feet above Finished
Grade, Finished Grade shall be assumed at a level as if these accesses did not exist (e.g., Finished
Grade level on either side of the access).
Structure means a combination of materials to form a construction for Use, occupancy or
ornamentation whether installed on, above or below the surface of land or water.
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
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of this definition, the Use of the Dwelling rather than the form of ownership of the Dwelling (i.e.,
whether owned in fee by a single owner, a corporate entity engaged in the business of providing
services to those entitled to the use, occupancy or possession of a Temporally Divided Dwelling,
or similar forms of ownership) shall be determinative of whether a Dwelling is a Temporally
Divide Dwelling; provided, however that ownership of an interest in joint tenancy by
two (2) persons shall be considered one (1) person.
Temporary Use means any Use that is not classified as a Permitted Use, Special Review Use or
Interim Use with respect to the applicable Planning Area, and which is permitted in accordance
with Section 7.24.080 of the Development Code (Temporary Uses and Structures).
The Village (at Avon) PUD means the zone district authorized for the Property by the Town, and
which constitutes the sole and exclusive zoning regulations applicable within the Property and
expressly supersedes any additional or conflicting provisions of the Municipal Code, as superseded
or modified by the Development Plan.
Town means the Town of Avon, a municipal corporation of the State of Colorado.
Town Council means the Town Council of the Town.
Tract means a parcel of real property as shown with a separate and distinct “tract” number or letter
on a Final Plat.
Transit Shelter means a Structure which provides protection from the weather to persons who are
waiting to board a publicly or privately operated bus or other form of mass transit.
Transportation Master Plan. The Transportation Master Plan adopted by the Town, as may be
amended from time to time.
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.
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(iii) Industrial Uses.
(iv) Interim Uses.
(v) Mixed Use Projects.
(vi) Public Facilities.
Vacation Club means a corporate entity that is the record owner, as reflected in the records of the
Eagle County Tax Assessor, of a Temporally Divided Dwelling which Dwelling it makes available
to its members and/or guests of its members for their accommodation on a periodic basis in
consideration of such members’ interest or membership in the entity.
Vested Property Right(s) has the meaning set forth in Section 2.4 of the Development Agreement.
Vested Property Rights Regulations means Section 7.16.140 of the Development Code, as
modified by this PUD Guide.
Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado Revised Statutes
as in effect on October 13, 1998.
Wildlife Mitigation Plan means, as set forth in Exhibit D to this PUD Guide, the sole and exclusive
Development Standards for wildlife mitigation measures applicable within The Village (at Avon)
PUD, and which expressly supersedes any additional or conflicting provisions of the Municipal
Code.
Wireless Telecommunication Equipment means any equipment used to provide Wireless
Telecommunication Service, but which is not affixed to or contained within a Wireless
Telecommunication Facility, but is instead affixed to or mounted on an existing Building or
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.
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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 tra ct 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
subdivisions more than four (4) units which do not propose public improvements shall be processed as
minor subdivisions.
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(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:
(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;
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(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 ser vices, 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
EXHIBIT B TO ORDINANCE 26-02
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(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 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)
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EXHIBIT B TO ORDINANCE 26-02
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EXHIBIT B TO ORDINANCE 26-02
4199881.74199881.9
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 [_______________, 2026] (“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), and certain
matters with respect to the operation of Short Term Rentals (as defined in the PUD Guide).
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
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 may 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.
(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
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
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 the earlier to occur of: (I) 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.; and (II) subject to satisfaction of the prerequisites stated
in Section 1.4(ii)(A), the one hundred eightieth (180th) day (or such later date as may be
specified in the notice) after the date on which the Town delivers to Master Landowner
written notice pursuant to Section 1.4(a)(ii)(A) requesting that Master Landowner (or
District or designee) fund its proportionate share of the total estimated costs.
(A) On or after October 20, 2036, the Town may deliver to
Master Landowner written notice requesting that Master Landowner (or District or
designee) fund its proportionate share of the total estimated costs described in
Section 1.4(a)(ii); provided, however, that the Town certifies in such notice that it
has satisfied each of the following conditions precedent:
a) all Community Housing Units permitted in Planning
Areas CH-1 and CH-2 either have been constructed or such
construction has commenced and is being diligently pursued;
b) the Town has obtained final, non-appealable
approval of a site plan for development, and has secured funding for
and is prepared to proceed with construction, of Community
Housing Units in East Avon Preserve; and
c) the Town has secured and is prepared to fund into
escrow or other suitable financial instrument its proportionate share
(as described in Section 1.4(a)(ii)(B)), simultaneously with Master
Landowner (or District or designee) funding its proportionate share,
of the total estimated costs for the Authority to proceed to construct
the water storage infrastructure within Planning Area K required to
serve development of the East Avon Preserve Community Housing
Units.
(B) Master Landowner’s (or District or designee) and the
Town’s respective proportionate shares of the total estimated costs described in
Section 1.4(a)(ii) shall be based on their respective water service requirements for
the type and number of units within their respective developments that are to be
served by the water storage infrastructure the Authority constructs in Planning
Area K.
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
(C) If Master Landowner satisfies the condition precedent
thereto as described in this Section 1.4(a)(ii), 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.
(iii)(iv) 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,
October 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.
(F)Section 2.4(f) Vesting of Property Rights. Section 2.4(f) is amended and restated
to read in its entirety as follows:
(f) Notwithstanding any additional or contrary provision of the Municipal
Code (as in effect from time to time), and notwithstanding any prior expiration of the Term, the
Vesting Term with respect to the Development Plan and other Approved SSDPs (if any) shall not
expire, be deemed forfeited, or otherwise limited or impaired prior to October 21, 2039, for the
Primary Vesting Term, and October 21, 2039 or October 21, 2059 (as applicable pursuant to
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
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.
(G)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).
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
(ii)Planning Area CH-2. Master Landowner previously caused
conveyance of Lot 5, Final Plat, The Village (at Avon) Filing 1 to the Town, being an
approximately 4.03-acre Site which previously comprised Planning Area PF-1 and was
Dedicated to and granted Final Acceptance by the Town in satisfaction of the Public Works
Dedication (as defined in the Original Agreement) obligation pursuant to Section 4.3 of the
Original Agreement. The designation of Lot 5 as Planning Area CH-2 and the Town’s use
thereof for development of Community Housing Units to be owned, operated and managed
by the Town shall not be construed as negating full satisfaction of the Public Works
Dedication obligation described in Section 4.3 of the Original Agreement nor shall it be
construed as requiring any further land Dedications in satisfaction of the Public Works
Dedication obligation. Said Lot 5 shall be subject to the restriction that it be used for the
Town’s intended development of Community Housing Units to be owned, operated and
managed by the Town in accordance with the terms, conditions, requirements and
restrictions set forth in the PUD Guide and this Section 3.7(e).
(H)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:
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
Town of Avon
100 Mikaela Way
Avon, Colorado 81620
Attention: Town Attorney
Telephone: (303) 376-8512
Email: nina@wwfdlaw.com
To TCMD:
Traer Creek Metropolitan District
2001 16th Street, Suite 1700
Denver, CO 80202
Attn: Denise Denslow, CliftonLarsonAllen LLP
Telephone: (303) 779-5710
Email: denise.denslow@claconnect.com
With a required copy to:
Spencer Fane
1700 Lincoln Street, Suite 2000
Denver, Colorado 80203
Attn: David S. O’Leary
Telephone: (303) 839-3952
Email: doleary@spencerfane.com
To VMD:
The Village Metropolitan District
2001 16th Street, Suite 1700
Denver, CO 80202
Attn: Denise Denslow, CliftonLarsonAllen LLP
Telephone: (303) 779-5710
Email: denise.denslow@claconnect.com
With a required copy to:
Spencer Fane
1700 Lincoln Street, Suite 2000
Denver, Colorado 80203
Attn: David S. O’Leary
Telephone: (303) 839-3952
Email: doleary@spencerfane.com
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
To Master Landowner:
Traer Creek LLC
0101 Fawcett Road, Suite 210
Avon, CO 81620
Attn: Marcus Lindholm, Manager
Telephone: (970) 949-6776
Email: marcuslindholm@traercreek.com
With required copies to:
Traer Creek LLC
0101 Fawcett Road, Suite 210
Avon, CO 81620
Attn: Michael Lindholm
Telephone: (970) 949-6776
Email: michaellindholm@traercreek.com
And to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attention: Munsey L. Ayers [270412-0004]
Telephone: 303.825.8400
Email: munsey@ottenjohnson.com
EMD Limited Liability Company
c/o Lava Corporation
0101 Fawcett Road, Suite 210
Avon, CO 81620
Attn: Michael Lindholm, President
Telephone: (970) 949-6776
Email: michaellindholm@traercreek.com
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
With a required copy to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attention: Munsey L. Ayers [270412-0004]
Telephone: 303.825.8400
Email: munsey@ottenjohnson.com
To the Limited Parties:
Avon Urban Renewal Authority
100 Mikaela Way
Avon, Colorado 81620
Attention: Town Manager
Telephone: (970) 748-4004
Email: eheil@avon.org
With a required copy to:
Avon Urban Renewal Authority
100 Mikaela Way
Avon, Colorado 81620
Attention: Town Attorney
Telephone: (303) 376-8512
Email: nina@wwfdlaw.com
The Village (at Avon) Mixed-Use Public Improvement Company
2001 16th Street, Suite 1700
Denver, CO 80202
Attn: Denise Denslow, CliftonLarsonAllen LLP
Telephone: (303) 779-5710
Email: denise.denslow@claconnect.com
With a required copy to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attention: Munsey L. Ayers [270412-0004]
Telephone: 303.825.8400
Email: munsey@ottenjohnson.com
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
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)Exhibit A Legal Description. Exhibit A is amended and replaced in its entirety
with Exhibit A attached to this First Amendment.
(J)Exhibit F Amended Defined Terms. Paragraphs 24, 45, 52, 54, 92, 93, and 129
of Exhibit F are amended and restated in their entirety to read as follows:
24. Block 3 means Block 3, Final Plat, Avon Landing, a Replat of Tract H, The Village (at
Avon), Filing No. 3, Recorded on September 3, 2015, at Reception No. 201516730, such parcel
being located within PA-J.
42. Design Review Guidelines means the sole and exclusive architectural design, landscape
design, urban design and Site design and use standards applicable within the Property as set forth
in The Village (at Avon) Design Review Guidelines with an effective date of November 16, 2022,
together with any amendment(s) the Design Review Board may approve after providing notice
thereof in accordance with Section 3.1, as prepared, approved and promulgated by the Design
Review Board from time to time.
44. Affiliated Landowner(s) means, individually or collectively as the context dictates, TC RP,
TC Plaza, TC HD and TC WMT, together with any other entity with respect to which TCLLC or
EMD is the managing member and which acquires title to any portion of the Property after the
Execution Date.
45. Development Agreement means the Consolidated, Amended and Restated Annexation and
Development Agreement for The Village (at Avon) Recorded on August 1, 2014, at Reception
No. 201412777, as amended by this First Amendment.
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
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
[_____________, 2026] 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 [_____________,
2026], as amended from time to time.
129. Vesting Term means the Primary Vesting Term and the Mountainside Vesting Term.
(K)Exhibit F Additional Defined Terms. Exhibit F to the Development Agreement
is amended to add the following:
28.1 CARADA has the meaning set forth in Recital A of the First Amendment.
29.1 Community Housing Units has the meaning set forth in the PUD Guide.
57.1 First Amendment means the First Amendment to the Consolidated, Amended and Restated
Annexation and Development Agreement for The Village (at Avon).
57.2 First Amendment Effective Date means the date on which the First Amendment is
Recorded.
57.3 First Amendment Execution Date has the meaning set forth in the initial paragraph of the
First Amendment.
66.1 Mountainside Vesting Term has the meaning set forth in Section 1.4(a)(ii).
84.1 Primary Vesting Term has the meaning set forth in Section 1.4(a)(i).
III.Authority to Amend; Vesting of Property Rights. In accordance with the terms and
conditions of Section 1.5, the Town’s approval of this First Amendment is subject to the public
notice and public hearing procedures that were required for approval of the CARADA. Because
the Development Agreement constitutes a Site Specific Development Plan which establishes
vested property rights pursuant to the Vested Property Rights Statute, and because this First
Amendment is an amendment thereto, the Town shall adopt an ordinance approving this First
EXHIBIT C TO ORDINANCE 26-02
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4199881.74199881.9
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
13
Town Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.74199881.9
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 _________, 2026,
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
14
TCMD Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.74199881.9
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 _________, 2026,
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
15
Master Landowner Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.74199881.9
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 _________, 2026,
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
16
Master Landowner Signature Page to
First Amendment to
Consolidated, Amended and Restated
Annexation and Development Agreement
4199881.74199881.9
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 _________, 2026,
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
4199881.74199881.9
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
4199881.74199881.9
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
4199881.74199881.9
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
4199881.74199881.9
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
4199881.9
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 [_______________, 2026] (“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), and certain
matters with respect to the operation of Short Term Rentals (as defined in the PUD Guide).
EXHIBIT C TO ORDINANCE 26-02
2
4199881.9
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 may continue through and
include October 20, 2059 (“Mountainside Vesting Term”), if 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 East Avon Preserve’s (such
property is labeled on the PUD Master Plan and generally described as Lot 1, Section: 8,
EXHIBIT C TO ORDINANCE 26-02
3
4199881.9
Township: 5, Range: 81, Parcel No. 2103-083-00-007) northwestern corner pressure zone
with potable water on or before the earlier to occur of: (I) October 20, 2039; and
(II) subject to satisfaction of the prerequisites stated in Section 1.4(ii)(A), the one hundred
eightieth (180th) day (or such later date as may be specified in the notice) after the date on
which the Town delivers to Master Landowner written notice pursuant to
Section 1.4(a)(ii)(A) requesting that Master Landowner (or District or designee) fund its
proportionate share of the total estimated costs.
(A) On or after October 20, 2036, the Town may deliver to
Master Landowner written notice requesting that Master Landowner (or District or
designee) fund its proportionate share of the total estimated costs described in
Section 1.4(a)(ii); provided, however, that the Town certifies in such notice that it
has satisfied each of the following conditions precedent:
a) all Community Housing Units permitted in Planning
Areas CH-1 and CH-2 either have been constructed or such
construction has commenced and is being diligently pursued;
b) the Town has obtained final, non-appealable
approval of a site plan for development, and has secured funding for
and is prepared to proceed with construction, of Community
Housing Units in East Avon Preserve; and
c) the Town has secured and is prepared to fund into
escrow or other suitable financial instrument its proportionate share
(as described in Section 1.4(a)(ii)(B)), simultaneously with Master
Landowner (or District or designee) funding its proportionate share,
of the total estimated costs for the Authority to proceed to construct
the water storage infrastructure within Planning Area K required to
serve development of the East Avon Preserve Community Housing
Units.
(B) Master Landowner ’s (or District or designee) and the Town’s
respective proportionate shares of the total estimated costs described in
Section 1.4(a)(ii) shall be based on their respective water service requirements for
the type and number of units within their respective developments that are to be
served by the water storage infrastructure the Authority constructs in Planning
Area K.
(C) If Master Landowner satisfies the condition precedent
thereto as described in this Section 1.4(a)(ii), 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.
(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
EXHIBIT C TO ORDINANCE 26-02
4
4199881.9
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, October 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.
(F) Section 2.4(f) Vesting of Property Rights. Section 2.4(f) is amended and restated
to read in its entirety as follows:
(f) Notwithstanding any additional or contrary provision of the Municipal
Code (as in effect from time to time), and notwithstanding any prior expiration of the Term, the
Vesting Term with respect to the Development Plan and other Approved SSDPs (if any) shall not
expire, be deemed forfeited, or otherwise limited or impaired prior to October 21, 2039, for the
Primary Vesting Term, and October 21, 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
EXHIBIT C TO ORDINANCE 26-02
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4199881.9
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.
(G) 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
EXHIBIT C TO ORDINANCE 26-02
6
4199881.9
construed as requiring any further land Dedications in satisfaction of the Public Works
Dedication obligation. Said Lot 5 shall be subject to the restriction that it be used for the
Town’s intended development of Community Housing Units to be owned, operated and
managed by the Town in accordance with the terms, conditions, requirements and
restrictions set forth in the PUD Guide and this Section 3.7(e).
(H) 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
EXHIBIT C TO ORDINANCE 26-02
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4199881.9
With a required copy to:
Spencer Fane
1700 Lincoln Street, Suite 2000
Denver, Colorado 80203
Attn: David S. O’Leary
Telephone: (303) 839-3952
Email: doleary@spencerfane.com
To VMD:
The Village Metropolitan District
2001 16th Street, Suite 1700
Denver, CO 80202
Attn: Denise Denslow, CliftonLarsonAllen LLP
Telephone: (303) 779-5710
Email: denise.denslow@claconnect.com
With a required copy to:
Spencer Fane
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
8
4199881.9
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
4199881.9
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) Exhibit A Legal Description. Exhibit A is amended and replaced in its entirety
with Exhibit A attached to this First Amendment.
(J) 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
10
4199881.9
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 [_____________,
2026] 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 [_____________,
2026], as amended from time to time.
129. Vesting Term means the Primary Vesting Term and the Mountainside Vesting Term.
(K) Exhibit F Additional Defined Terms. Exhibit F to the Development Agreement
is amended to add the following:
28.1 CARADA has the meaning set forth in Recital A of the First Amendment.
29.1 Community Housing Units has the meaning set forth in the PUD Guide.
57.1 First Amendment means the First Amendment to the Consolidated, Amended and Restated
Annexation and Development Agreement for The Village (at Avon).
57.2 First Amendment Effective Date means the date on which the First Amendment is
Recorded.
57.3 First Amendment Execution Date has the meaning set forth in the initial paragraph of the
First Amendment.
66.1 Mountainside Vesting Term has the meaning set forth in Section 1.4(a)(ii).
84.1 Primary Vesting Term has the meaning set forth in Section 1.4(a)(i).
III. Authority to Amend; Vesting of Property Rights. In accordance with the terms and
conditions of Section 1.5, the Town’s approval of this First Amendment is subject to the public
EXHIBIT C TO ORDINANCE 26-02
11
4199881.9
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
4199881.9
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 _________, 2026,
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
4199881.9
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 _________, 2026,
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
4199881.9
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 _________, 2026,
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
4199881.9
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 _________, 2026,
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
4199881.9
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
4199881.9
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
4199881.9
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
4199881.9
A PORTION OF WHICH “REVISED EAST PARCEL (Minus Tract M)” HAS BEEN PLATTED
AND/OR REPLATTED AS:
Tract A, Tract D, Tract E and Tract G
The Village (at Avon) Filing 3
According to the Final Plat The Village (at Avon) Filing 3 recorded on June 29, 2004 at Reception
No. 882176.
Tract F
The Village (at Avon) Filing 3 – A Reconfiguration of Tracts B and F
According to the Amended Final Plat The Village (at Avon) Filing 3– A Reconfiguration of Tracts
B and F recorded on May 9, 2007 at Reception No. 200712166.
Block 2, Block 3, Block 4, Tract H-1, Tract H-2, Tract H-3, Tract I-1, Tract I-2, Tract I-3, Tract I-
4 and Road A
Avon Landing, a Replat of Tract H - The Village (at Avon) Filing No. 3
According to the Final Plat Avon Landing, a Replat of Tract H - The Village (at Avon) Filing No. 3
recorded on September 3, 2015 at Reception No. 201516730.
Tract I and Tract J
The Village (at Avon) Filing 4
According to the Final Plat The Village (at Avon) Filing 4 recorded on March 27, 2015 at Reception
No. 201505284.
Tract B and Tract I
Amended Final Plat Tracts B and I, The Village (at Avon) Filing 3, Second Amended Final Plat a
Resubdivision of Tract B recorded on May 20, 2022, at Reception No. 202209167.
Lot 1 and Lot 2, Outlot A and Outlot B
Amended Final Plat, Stolport Station, A Replat of Block 1, Avon Landing, A Replat of Tract H,
The Village (at Avon) Filing 3 recorded on November 5, 2021, at Reception No. 202125052.
LESS AND EXCEPTING FROM THE ABOVE DESCRIBED REVISED EAST PARCEL (minus Tract
M):
Parcel Number: 1 as conveyed to the Department of Transportation, State of Colorado by Special
Warranty Deed dated September 26, 2003, recorded October 6, 2003, at Reception No. 852794,
which Parcel Number: 1 is depicted on the Final Plat, The Village (at Avon) Filing 3, recorded on
June 29, 2004, at Reception No. 882176, which Parcel Number: 1 is noted on such plat as Tract C,
NOT A PART OF THIS PLAT, 6.732 ACRES.
EXHIBIT C TO ORDINANCE 26-02
From:
To:
Subject:
Date:
Bobby Banks
Matt Pielsticker
Public Hearing Notice Sent to adjacent property owners
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 C
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 C
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 Das well.
I do not see any justification to allow for this additional height and recommend that the commission
deny this request.
Additional Density
Density and height were of significant concern for the Eaglebend neighborhood during the initial PUD
agreement. For Planning area C and D, it was agreed to limit the density to 18 units per acre and
height to 48 feet. Now, after 27 years, Traer Creek is asking to more than double the density and
increase the height to 74 feet, over 50% taller .. This will totally change the feel for the area, exactly
what the neighborhood feared 27 years ago.
For reference, here is the Al generated response to "please describe a 18 unit per acre development
versus as 40 unit per acre development". After reading this I don't see how anybody could claim that
these differences are not significant and not at all what was agreed to in either the PUD or CARADA.
18 Units Per Acre {Medium Density)
•Housing Types: This density is typically achieved with attached homes such as townhouses,
duplexes, row houses, or walk-up style garden apartments, generally two to three stories in
height.
2
ATTACHMENT C
•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 intensi ve 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 achie ved 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, w ith 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 dist inctly more urban, with more people per acre,
which can support a richer array of on-site and local servi ces, retail, and public transit options.
•Infrastructure: It requires more robust infrastructure (utilities, roads, public transit) due to the
higher concentration of residents.
Specifically, the additional density request does not meet the criteria for a PUD amendment for criteria 5
or 6 and to suggest they do is an insult to the neighbors who worked with the developer to protect the
look and feel of their neighborhood 27 years ago.
There have been significant successful developments in the valley at 18 units per acre, Miller Ranch
being an excellent example of such development. This is the type of development which would be great
for Avon and the Vail Valley, we should not allow them to change from this development.
I do not see any justification to allow for this density change and recommend that the commission
deny this request.
Vesting Rights Extension of 20 years
A 41 year vesting rights time period is extreme, adding an additional 20 years is insane. No
competent developer needs this amount of time, even if there are significant setbacks. If what the Town
of Avon wants is additional housing built in the Valley allowing Traer Creek to delay for another 20 years
will not achieve this goal. There is no need to make this extension now, let Traer Creek actually begin to
develop the land north of 1-70 (as they said they would 25 years ago) and then decide if an extension is
necessary.
Bottom line, there is no compelling reason for the Traer Creek PUD amendment requests. Planning Area
A can stay at 55 feet, with a special approval of an 80 foot building, Planning Area C and D can stay zoned
as previously agreed to, and Traer Creek will have 14 years to complete the development that they
received approval on 27 years ago.
3
ATTACHMENT C
Sincerely,
Craig Ferraro
4
ATTACHMENT C
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 C
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 ofEaglebend 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 borne, 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 Horsch Bahr and Michael Bahr
ATTACHMENT C
From: Ian Bruce
Sent: Monday, November 10, 2025 12:44 PM
To: Matt Pielsticker
Subject: Traer Creek Public Comment
Members of Avon planning and zoning commission:
My family and I have lived at 4040 Eaglebend B for almost 20 years. We are supportive of the Traer Creek development
how it was approved by the existing PUD. We feel the request to increase the building height will negatively affect and is
incompatible to our neighborhood. Please consider our request to deny the application.
Thank you for your consideration,
Kris and Ian Bruce
Sent from my iPhone
ATTACHMENT C
From: Juergen Kliem
Sent: Monday, November 10, 2025 12:10 PM
To: Matt Pielsticker; Jena Skinner
Cc: Karin Kliem
ATTACHMENT F
Subject: Urgent: Would you please forward our emai l 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 th is 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 heigh t 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 C
Nov. 10, 2025
Dear Planning and Zoning Commission,
In 2014, I was one of many citizens who par ticipated 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, orator y 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 5-1 0
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 C
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
Eagle bend 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 C
i
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 11998 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 Avans 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 1�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 C
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 town homes, 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 VM 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 Eagle bend Neighborhood, these changes will not affect my property views as Piedmont
and Bose are my northern view and my southern view is of the hillside above Eagle Vail. 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,
2
ATTACHMENT C
Amy C Phillips
Associate Broker
Keller Williams Mountain Properties
app.kw.KW2N473JS
License: FA100047354
KWMP Broker Lie.: EA268801
3
ATTACHMENT C
Brian Chimileski
Commercial Broker
MADISON OMMERCLAL
PROPERTIES
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 Bask 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
ATTACHMENT C
1
From: Craig Ferraro
Date: Monday, January 12, 2026 at 3:42 PM
To: .c_oJ.mcil@avon. ocg <.c_o_u ncil@avo_ 11,_o_ap
Subject: Traer Creek PUD Amendment
Avon Town Council,
This week you will begin your review of yet another re, quest 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 dedsions.
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 C
justified this by saying setbacks and parking requirements would effectively limit the density on the valley
floor. This is na"ive 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. llf 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
2
ATTACHMENT C
From: Shane Sorensen
Sent: Monday, January 12, 2026 11:29 AM
To: Council Everyone Group <council@avon.org>
Subject: CHl building design
Hello all,
My name is Shane Sorensen. My wife and I own and live at 4883 Eagle bend Drive (next to Amy Phillips). We are
concerned
about the light and privacy impact of the potential community housing across the railroad tracks from us. We understand
it's early in the design process, but having dealt with the light pollution from the Piedmont, we are worried that a 48'
high
building that close to us will very much affect our living situation. If possible, please consider limiting the building to
three
stories and also look at updating the lighting codes to limit the light pollution from this and all future projects. Thankyou
for your attention
Shane Sorensen
ATTACHMENT C
From: Miguel Jauregui Casanueva
Sent: Tuesday, January 13, 2026 5:52 PM
To: Matt Pielsticker _ lneke de Jong
Cc: Eric Heil Subject: Public Comment Jennie Fancher
Matt and lneke,
From Mayor Pro Tern 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.lam 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 C
Sent: Tuesday, January 13, 2026 10:06 AM
To: Council Everyone Group <council@avon.org>
Subject: PUD Amendment Under Consideration
In your considerations of the PUD amendment tonight, please make Avon's local community your priority. Most of its
permanent residents are not paying attention to this amendment that could fundamentally change the character of our
town. We rely on you as our elected representatives 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 attracts visitors, so avoid the pressures and distractions of
potential 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 meeting tonight.
Sarah Smith Hymes
ATTACHMENT C
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 ofTown administrative
overhead costs. (See Attachment Din 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 Villag e at Avon. Please don't further damage our Town for
decades to come and give the Village at Avon continued carte blanc he, for such a small benefit.
While housing seems critical now, hundreds of employ ee 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 C
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, Stone bridge, 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 C
much higher elevation and increased height will make the structures appear higher than
they are. Please retain the existin g height and density restri ctions 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 addit ional 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 Dare not compatible in scale with the homes
ATTACHMENT C
along Eagle bend Drive. The existing zoning is compatible. Furthermore, statements
that because the uses are resident ial, 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 l eague. 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 C
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 Eagle bend 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 C
From:
Sent:
To:
Subject:
Chris Knight
Thursday, January 22, 2026 11 :43 AM
Matt Pielsticker; Council Everyone Group
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
Se nior Director, Project Management
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ATTACHMENT C
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, f'or 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 C
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 Bose 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
2
ATTACHMENT C
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 C
DearTown Council,
I appreciate that you are tak ing 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 busi nesses. 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 busi nesses 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 bri ng the Village at Avon into the
21 st 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 you rs,
Kristi Ferraro
ATTACHMENT C
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 201 O 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 C
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 201 O 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-Eis 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 - $145 2/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
2
ATTACHMENT C
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 t he 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.
3
ATTACHMENT C
Thank you for your time and attention to my suggestions and requests.
Amy C Phillips
Associate Broker
Keller Williams Mountain Properties
4
ATTACHMENT C
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 oftbe Avon Town Council,
We are writing to formally express our opposition to the proposed Community Housing (CH-I) 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
bis 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
livabj)ity 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 C
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 oflife-not for high-rise bujldings 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
2
ATTACHMENT C
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 C
•Public-Private Partnership: This initiative exempl ifies 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 ad ditional $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.
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:
Sincerely,
Sandy Saul
ATTACHMENT C
January 26, 2026
Dear Avon Town Council and Staff:
Sent via email to:
Matt@avon.org
Mpielsticker@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 writing to convey my support for the proposed amendments. Generally
speaking, anything we can do to add a variety of housing, particularly 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 creativity staff has put into this.
Si ncerely,
Steven Sendor
Edwards, CO
ATTACHMENT C
From: KimberlyWarth
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 additiona l $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,
ATTACHMENT C
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 C
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 C
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 Plann ing 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 C
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 C
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 ex de to the ou tdoors and even after numerous requests no
window coverings and these lights are extremely obtrusive to neighborhoods 24hours a day. The height and tilting of
exteri or 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 buil ding up the high grading of earth.
FYI , I do not believe the interchange off 1-70 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 ti y 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 deve lopment 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 commun ity 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 (CH 1) 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 famili es 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.
2
ATTACHMENT C
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 aga in 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 requi re 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
3
ATTACHMENT C
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
1
ATTACHMENT C
From: John Richardson
Sent: Monday, February 23, 2026 8:54 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: Traer Creek
Dear Matt,
I have had a home in the Avon community, includi ng Mountain Star, for over 30 years. I am writing to you
in support for the joint Town and Traer Creek application.
Traer and Town staff have removed the points of contention voiced by the Eagle Bend neighbors, so now
the Town is unlocking some 70 dwelling units of Community Housing, Traer is donating land that the
T own is valuing at roughly $5 million an acre, in exchange, they are asking for an extension of vested
rights in order to ensure they can go up on a hillside and invest sign ificant capital on public
infrastructure. That sounds like a win win for all parties. The Town benefits from this because that same
infrastructure serves the Town's future Community Housing site known as the East Avon Preserve.
As an aside, it has been great seeing the deve lopment in the Village (at Avon) these last ten or so
years. Now they are bringing Whole Foods by Whole Foods own admission (a much needed alternative
to City Market) and are spending a significant capital building public infrastructure on the valley floor.
It's in the best interest of the community to support them and ensure the Town helps them achieve these
next steps in what is shaping up as an exciting development.
Best,
John Richardson
John R. Richardson
ATTACHMENT C
1
From: Craig Ferraro
Sent: Tuesday, February 24, 2026 12:26 AM
To: Council Everyone Group <council@avon.org>
Subject: Traer Creek PUD Amendment
Avon Town Council,
Thankfully, we are getting closer to a final decision. First, thank you for your time and attention to the
future of Avon. It is easy to get overwhelmed by the process and requests and agree to items without
fully understanding the future impacts. I will reiterate that you can always deny the amendment to gain
more time to ensure you are comfortable with these potential impacts. Second, a thank you to Traer
Creek for withdrawing some of their requests. I would argue that these requests should never have been
made, but I am happy they are no longer on the table. Finally, a thank you to the Town of Avon for limiting
the height on all of CH-1, it will make for a better project and significantly less impact for the Eaglebend
neighborhood.
I do have two items which I hope will be discussed at the February 24th meeting. The first is the
Engineered Grade. I will admit I have not focused on this piece of the amendment and it looks very
technical. My request is you ask for a simple explanation from staff on what is being requested and feel
comfortable that it is in the best interest for the Town and its citizens.
The second item is not as technical, it is the request for an extension of vesting rights triggered by the
required payment toward the water tank, with a deadline for the payment being 2039. In 2024, in a Vail
Daily article, Eric Heil said he thought units could be completed on the East Avon Preserve by
2030. What is now being suggested is that those units couldn't be completed until 2042 at the earliest,
this is completely unacceptable. I still do not understand why a 20-year extension would ever be granted
and this "give" to get the extension is insulting. If you are inclined to grant an extension (and it should be
no longer than 5-10 years) then you should ensure East Avon Preserve can have housing built by
2030. This would mean the water tank is funded and built by 2030 (with funding earlier), that the road
through Parcel J is completed with all utilities, and any other items needed from Traer Creek to build and
occupy East Avon Preserve are completed. This is the issue with on-the-fly changes to PUD
amendments, it doesn't let us think about what all of these items are.
Again, thank you for your diligence in looking out for the future of Avon.
Sincerely,
Craig Ferraro
ATTACHMENT C
1
From: Amy Phillips
Sent: Saturday, February 28, 2026 10:34 AM
To: Council Everyone Group
Subject: VAA Final Details
Dear Avon Town Council, Leadership and Legal Team,
Thank you for your hard work and thoughtful leadership regarding the Village at Avon PUD amendment.
While the process may seem long to some, to me it is a necessary discussion and debate on such an
important matter. Each of you is doing a great job.
I look at the 22 year timeline for developing the Valley Floor, as equal to two to three Riverfront
Developments. It will include one or two hotels, and more than a dozen condominium and town home
complexes, providing a diverse selection of properties for purchase. While the Piedmont & Bask
apartments provided almost 600 needed rental units, Avon's long-term energy will depend on new
residential neighborhoods offering a variety of housing options. Given the location and proximity to
transit I expect to see a mix of year round residents, part-time residents from Colorado (who visit most
weekends), part-time residents from throughout the US who provide vitality to our economy and retirees
who chose Eagle County and support the recreational opportunities, arts and culture we are known for.
The process for providing water to the Mountainside and East Avon Preserve is complicated, requiring
time and funding. Once this is complete, additional, different and vital neighborhoods will emerge. This
Council is well on its way to providing a smooth pathway for that development.
I look forward to seeing the proposal on second reading. I expect it to be updated with the thoughtful
details needed to solidify the Community Housing specifics, the Development Bonus program and the
trigger for the Water Tanks to service the East Avon Preserve.
I appreciated Michael Lindholm's summary of the past 30 years, especially the scope, cost and
importance of the 1-70 Interchange. He reminded me of a couple of details from the CARADA that I did
not recall, and I appreciated his perspective on moving forward for the best Avon can be. Additionally,
hearing from Michael and Marcus during the meeting was beneficial because their engagement is vital.
Regarding the Community Housing details, I appreciate the importance of providing housing for
residents across various income levels. Currently, no housing is built or planned in the Village at Avon for
the "missing middle," which I define as a 3 bedroom townhome near transit with a one-car garage,
available for purchase by an established household that has outgrown its two-bedroom unit. I see this as
part of both the Community Housing directive and the Development Bonus agreement currently being
drafted. I trust the Avon Development Team, Legal Team, and Leadership will bring concise and detailed
language for these points to the Council for the second reading of this Amendment. More than 20 years
ago, I recognized that the original PU D's triggers for community housing lacked any accountability
ATTACHMENT C
app.kw.KW2N473JS
License: FA 10004 7354
KWMP Broker Lie.: EA268801
2
measures for the developer. Any work you can do to improve the creation of Community Housing is
appreciated.
Regarding the Development Bonus program I appreciate the desire of some Councilors to reinforce the
provisions in the Municipal code by identifying the goals desired in the Village at Avon. I suggest this
should be memorialized outside of the PUD providing guidelines, a vision and a potential pathway for
developers, with the PUD simply referring to Avon Municipal Code 7.16.170 Development Bonus. The
PUD should clearly state that the Village At Avon will follow Avon's regular order: after or simultaneous to
the approval from the Village Design review board process, it will also follow the Town of Avon Design
review process for the Development Bonus. I fully expect that some projects coming to the Town under
this new process would have been approved by the Village Design Review without community input if
their requested density or height changes had been approved before withdrawal. Notification
parameters could be modified to include all property owners near or within the Village at Avon as an
entity, rather than only the specific lot or Planning Area addressed by the Development Bonus
application. I trust the Avon Legal team can work out the notification details so the public is not
excessively burdened with watching Avon Planning & Zoning agendas.
I recognize that the water tank triggers are a very important element because they ensure water service
availability for the East Avon Preserve, which is important to me. This is a complicated issue. Simplifying
the PUD Language with a trigger for a deadline for an agreement signed between the Developer, Water
District, Town of Avon and Village Metro District may be a good solution I trust the Avon Legal and
Leadership team will propose an agreement in cooperation with the developer to ensure all parties are
aligned, thereby avoiding potential legal challenges, from any party, that would cause avoidable future
conflict requiring legal intervention .. I am confident no one would like to replay that chapter of our shared
history.
Again, thank you for a well run and transparent process, this will determine the future of our town.
Regards,
Amy C Phillips
Associate Broker
Keller Williams Mountain Properties
www.VailHomesbyAmy.kw.com
ATTACHMENT C
�Habitat 'f I I for Humanity
Vall Valley
Board of Directors
Pete Thompson
President
Chns Rowberry
v,ce President
Dan White
Treasurer
Jenn,fe Law
Secretary
John WelaJ
President CEO
Nmk Brinkman
Aleltla Jurscha
Jill Klosterm:i
Bobby Murphy
Jens Romeo
Board Emeritus
St artGre n
Lisa Dennis
ureen Hopkins
Kristin Kenney Willtams
Kat y Cha dler-Henry
P.O B ;( a 1.t
f>5 Nottingh:im A nct1 Ro:i
Avon, CO !11620
70 748.671
h:1lilaM1llvolley a
March 9, 2026
Eric Heil
Town of Avon
100 Mikeala Way
PO Box 975
Avon, CO 81620
RE: Letter of Interest Planning Area E, Lot 8
Dear Eric,
Habitat for Humanity Vail Valley (HFHVV) provides permanently affordable
home ownership opportunities for locals with the goal of retaining and building
community. We serve local households earning up to 80% AMI
-that's $106,560 for a family of four.
Our housing crisis is deep and wide. Affordable homeownership roots people
here, allowing our critical workforce including teachers, police officers, nurses and
resort workers to build a life and continue to serve our community. Affordable
homeownership creates stability and opportunity for our work force and for our
community.
There is not one magic answer to remedy the cascade of economic and soc ial
challenges created when affordable housing stock is in short supply. However, we
know that partnerships and collaboration go a long way towards creating real
tangible solutions to increase affordable housing supply in the Eagle River Valley.
To that end, HFHVV is excited to submit this letter of interest to partner with the
Town of Avon to create up to 26 affordable homeownership opportunities at
Traer Creek on the west side of the Pre-School, Planning Area E and Lot 8, recently
designated in the PUD amendment as CHl for Community Housing. HFHVV would
be an ideal partner with th,e Town to build affordable homeownership at this
site -as we are the only housing developer with a proven track record in th is
community able to create home ownership opportunities affordable to our critical
workforce.
HFHVV worked in close partnership with the Town of Avon through the regional
housing needs assessment project, and together we have had many informal
conversations over the yea.rs of what could be possible if we had the opportunity
to partner on a project. Now that Lot 8 has
been designated 'community housing', we are interested in exploring further
what we could accomplish together to add to our community's affordable
homeownership stock.
ATTACHMENT C
• • Habitat' for Humanityr
Vall Valley
Board of Directors
Pete Thompso,,
Presiaem
Chns Rowb rry
Vice Pre.<11dent
Dan White
Treasurer
Jennife •W
Secretary
John WetaJ
President & CEO
Nick Brinkman
Alexia Jurschak
J II Klosterma
Bobby Murp y
Jens Romeo
Board Emeritus
St art Gre n
Lisa Dennis
Laureen Hopkins
Kristin Kenney Williams
K:fhy C andler-Henry
P.O. Box 41 .
455 Nottingh:im R11nch Rood
Avon CO 81620
970 748.6718
h:lbitatva,lvolley org
HFHVV has a long history of collaboration with local governments and
organizations in the Eagle River Valley. Over the past 7 years, we have worked
with Eagle County School District to develop 38 homeownership opportunities for
their staff. We partnered with the Town of Eagle and Eagle County on a 16-
home modular development in Eagle. In the Town of Vail, we have partnered with
the Town, Triumph Development and Eagle County to deliver 30 affordable
homeownership opportunities at the Timber Ridge redevelopment.
Habitat leverages partnerships to keep the cost of construction well below
market. In addition, our zero-percent loan increases affordability by approximately
$250,000 when compared to prevailing interest rates. Habitat homeowners pay
30% of their gross monthl y income towards housing expenses, including mortgage
principal, taxes, homeowners' insurance and HOA dues.
Habitat Vail Valley uses a permanently affordable housing covenant, essentially
a price capped deed restriction, to ensure each home stays affordable in
perpetuity. Habitat retains the first right to repurchase the home, should the
existing owner choose to sell. At that time, we resell the home to a qualified
Habitat household. We continue to see a strong demand for our homeownership
model, with 27 applications received for each homeownership opportunity we
provide.
We are excited to submit this letter of interest and look forward to
future conversations about how we can work together to create opportunities for
our local workforce to own homes in Avon.
Thank you for your consideration.
Elyse Howard
VP of Community Affairs & Philanthropy
Habitat for Humanity Vail Valley
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: March 11, 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 Fee 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 March 11, 2026 Page 2 of 3
Projected Municipal Income from STR's
Village (at Avon) Revenue Town of Avon
Revenue
4% Retail Sales Fee (Village (at
Avon)) $ 87,360.00 -
4% Accommodation Fee (Village
(at Avon)) $ 87,360.00 -
2% Short-term Rental Tax, (Town of
Avon) - $ 43,680.00
.75% PIF/Add on Retail Sales Fee
(Town of Avon) - $ 16,380.00
4% Avon Sales Tax (Town of Avon) - $ 6,988.80
Total $ 174,720.00 67,048.80
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
ATTACHMENT D
Supplemental Report: Village (at Avon) Financial Overview March 11, 2026 Page 3 of 3
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
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
970.748.4004 eric@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager
RE: Avon Recreation Center Aquatic Refurbishment Project
DATE: March 20, 2026
SUMMARY: This report presents to Council an update on the Avon Recreation Center Aquatic
Refurbishment Project and a recommendation to pause the project at this point due to the proposed
maximum price in excess of the amount budgeted for this project last fall.
Avon staff retained A.D. Miller to provide design-build services in early 2025. The aquatic area of the
recreation center is 30 years old and nearly all systems are in need of replacement, including pumps,
filtration, electrical, heating, the slide, the hot tub, and more. The scope of refurbishment and upgrades
was determined late last summer and early fall in order to fit within the Town’s Capital Improvement Project
budget. Cost estimates for the identified scope of work were $5M to $6M in September/October, then
increased to $7.6M by November. The Town budgeted $8.4M to include a 12% contingency over the cost
estimate at that time, which was for all work, including design and construction. The budget included
allocating funds from the General Fund Reserve the supplement the available funds in the Capital
Improvement Projects Fund.
Council approved a design contract as the next step of the process with the requirement that we would
receive a guaranteed maximum price in March, 2026. Last Wednesday we received a guaranteed
maximum price of $9.4M for construction, which would result in a total cost of approximately $10.1M with
design fees.
The Town cannot afford $10.1M without affecting other capital improvements projects or without further
reducing the scope of the refurbishments. I am recommending that the Town pause this project and
reassess the process to achieve the best pricing. I have consulted with Town Engineer Eva Wilson and we
both believe better pricing can be achieved through a more traditional design-bid process.
The decision to not proceed with refurbishment means there is no need to close the pool for the next six
months. It would be better to pause this project now rather than in April so the Recreation Department has
the most lead time to manage the personnel and operation of this change.
There is more information that we will need to bring to Council, including current budget status, design work
completed, and proposed steps and schedule for moving forward with a design-bid approach. We may
have some additional information on Tuesday but a full breakdown of current status and outline of
recommended next steps would come at a meeting in April.
PROPOSED MOTION: “I move to direct Staff to pause the Avon Recreation Center aquatic refurbishment
project.”
Thank you, Eric
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON .ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON PLANNING & ZONING COMMISSION
Meeting Minutes (DRAFT)
Monday, March 9, 2026
Public Meeting Begins at 5:30 PM
TEAMS LINK: https://teams.microsoft.com/meet/27922651662969?p=usTFyQtgcVujcdRNDv
To join meeting via phone, dial (945) 468-5504 and enter conference ID: 813 626 13#
1. Call to Order and Roll Call (Chairperson) – 5:30 PM
Meeting commenced at 5:30 PM. A rollcall was taken, and Planning Commissioners Carly Hansen,
Brian Sipes, Rick Sudekum, Elizabeth Waters, Nancy Tashman and Nicole Murad were present.
Commissioner Brad Christianson was absent. Also present were Director of Community Development
Matt Pielsticker, Planning Manager Jena Skinner, Planner II Claire Perez, Town Attorney Nina
Williams, and Development Coordinator Emily Block.
2. Approval of Agenda
ACTION: Commissioner Sipes approved the agenda, and there were no objections.
3. Disclosure of any Conflicts of Interest or Ex-Parte Communication Related to Agenda Items
4. Public Comment – Comments are Welcome on Items Not Listed on the Following Agenda Public
Comments are limited to three (3) minutes. The speaker may be given one (1) additional minute
subject to Planning and Zoning Commission approval.
5. Brief Training Session with Town Attorney
6. Public Hearing
6.1. CTA26-002 Wildfire Code Updates – Jena Skinner, Planning Manager
ACTION: Commissioner Sipes made a motion to continue the application to the March 23rd Planning
and Zoning Commission meeting. Commissioner Murad seconded the motion, and the motion passed
unanimously 6-0.
7. Consent Agenda
7.1. Record of Decision: MJR26-001 | 4561 Flat Point
7.2. February 23, 2026, Planning and Zoning Commission Meeting Minutes
ACTION: Commissioner Sipes abstained because he was absent for the February 23 meeting.
Commissioner Sudekum made a motion to approve the consent agenda. Commissioner Hansen
seconded the motion, and the motion passed unanimously 5-0.
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON .ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
8. Future Meetings
8.1. March 23, 2026
8.2. April 13, 2026
9. Administratively Approved Applications
9.1. MNR26-002 | 3038 Wildridge Rd Hot Tub and Deck
9.2. MNR26-003 12 Waterfront Way Exterior Door Change
10. Staff Updates
11. Adjourn
The meeting was adjourned at 6:54 PM.
Addendum to Council Packet
Incorporated on March 23, 2026:
Business Item 6.3 - Attachment E
Consolidated, Amended and Restated
Development Agreement for the Village (at Avon).
Addendum to Council Packet
Incorporated on March 23, 2026:
Business Item 6.3 - Attachment E
Consolidated, Amended and Restated
Development Agreement for the Village (at Avon).
ATTACHMENT E