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TC Packet 04-14-2026 REV_____________________________________________________________________________________ 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, April 14, 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 March 24, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Planning & Zoning Commission Interviews & Appointments (Community Development Director Matt Pielsticker) 6. BUSINESS ITEMS 6.1. PRESENTATION: Town of Avon and the Eagle River Fire Protection District Wildland Fire Preparedness Updates, Evacuation Protocols and Historic and Planned Mitigation (Chief of Police Greg Daly, Public Works Director Mike Jackson and Eagle River Fire Protection District Fire Operations Specialist Tim Swaner and Division Chief of Wildland/Fire Management Officer Hugh Fairfield-Smith) 6.2. PUBLIC HEARING (QUASI-JUDICIAL): ORDINANCE 26-02, Second Reading: PUD23002 | VPR23001 Village at Avon PUD Amendment & Vested Rights Extension (Community Development Director Matt Pielsticker) 6.3. PUBLIC HEARING: ORDINANCE 25-18 Second Reading: Parking Regulations on Private Property (Town Clerk Miguel Jauregui and Town Attorney Nina Williams) 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Signed Letters of Support Summary (Chief Administrative Officer Ineke de Jong) 7.4. March 17th Health & Recreation Committee Minutes (Recreation Director Michael Labagh) 7.5. Q1 Updates 2026 Department Goals (Town Manager Eric Heil) 7.6. Q1 Community Housing Report (Housing Planner Patti Liermann) 7.7. East Park Restrooms Project Update (Director of Engineering Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN _____________________________________________________________________________________ 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. 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, APRIL 14, 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: TOWN OF AVON EVENT: SUSTAINABILITY FAIR DATE AND TIME: 11:00 A.M. – 2:00 P.M. ON MAY 16, 2026 LOCATION: 218 BEAVER CREEK PLACE TYPE: SPECIAL EVENT PERMIT MANAGER: CHELSEA VAN WINKLE 6. APPROVAL OF THE MINUTES – March 24, 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 – Sustainability Fair DATE: March 31, 2026 SUMMARY: The Town of Avon, as the Applicant, is applying for a fermented malt beverage permit to serve/sell beverages at the Sustainability Fair special event on May 16, 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 218 Beaver Creek Place 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 obtained the written 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 Sustainability Fair special event. A public hearing is required before final action is taken. Applicant Name: Town of Avon Event Name: Sustainability Fair Event Date: May 16, 2026 11:00 a.m. – 2:00 p.m. Location: 218 Beaver Creek Place Event Manager: Chelsea Van Winkle Permit Type: Special Events Permit - Fermented Malt Beverage 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 Sustainably Fair special event on May 16, 2026 from 11:00 a.m. to 2:00 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 Town of Avon -Sustainability Fair Alcohol Management Plan Event Overview: The Town of Avon Sustainability Fair is a free event taking place in the Sun & Ski Parking Lot in Avon within perimeter fencing on May 16th. The event will have local sustainability experts and vendors for an in teractive day filled with hands-on learning experiences, live music, and free beer and food from Ein Prosit. Date: Saturday, May 16th, 2026 Hours: 11:00 a.m. -2:00 p.m. Location: Sun & Ski Parking Lot (218 Beaver Creek Place, Avon, CO 81620) Estimated Number of Attendees: 300 Town of Avon Liquor License Experience: The Town of Avon has an Optional Premise License that they have been operating since 2021 in Harry A. Nottingham Park. The Town of Avon produces roughly 12-15 events per year that serve alcohol. Staffing and Management: Ein Prosit will provide tv.o TIPS and/or Serve Safe certified staff members to service the beer and check ID's. Town of Avon TIPS and/or Serve Safe certified staff will also be onsite for alcohol management. Beer will only be served and consumed by individuals 21+ and consumption will be monitored. Type of Beverage: Ein Prosit and Town of Avon will be serving tv.o different beers out of kegs and poured into compostable 16 oz. cups. There will also be water ava ilable in the venue. Food Service: The Town of Avon 'Nill provide free brat\Wrsts and other food options for all guests. Control of Premise: The event area will be fenced, and ingress and egress areas 'Nill be monitored through event signage. No Alcohol Beyond This Point signage will be placed at all exits and No Outside Alcohol signage will be placed at all entrances. There will be no event security, but Avon Police Department will be on call. A site diagram is attached showing secure entry/exit points, fencing, and alcohol service area. ATTACHMENT B ATTACHMENT C AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 24, 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 March 24, 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, Deputy Town Attorney Betsy Stewart, Board Secretary Miguel Jauregui Casanueva, and Board Deputy Secretary Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 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: 00:00:57 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: 00:01:40 5.1. Applicant: 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 Secretary Jauregui Casanueva presented an overview of the Special Event Permit application and its findings. Hannah Remke attended in person and from the podium was able to respond to the questions presented by the Board. 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 Stanley. The motion passed unanimously, 7-0. 6. APPROVAL OF THE MINUTES FROM THE FEBRUARY 10, 2026 MEETING Video Start Time: 00:6:42 Vice-Chair Carroll moved to approve the minutes from Tuesday, February 10, 2026, as presented. Board Member Hardy seconded the motion. The motion passed unanimously, 7-0. AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 7. WRITTEN REPORT 7.1. Report on Recent Administrative Approvals (Deputy Secretary Brenda Torres) Chair Underwood acknowledged receipt of the report. 8. ADJOURNMENT The Avon Liquor Licensing Authority Meeting adjourned at 5:07 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 31, 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 March 24, 2026, the Town has received 1 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: Town of Avon d/b/a Town of Avon Location: 100 Mikaela Way / 1 Lake Street Type: Optional Premise Manager: Danita Dempsey and Chelsea Van Winkle Thanks, Brenda AVON REGULAR MEETING MINUTES TUESDAY MARCH 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 March 24, 2026, to order at 5:08 p.m. At rollcall, 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, Deputy Town Attorney Betsey Stewart, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul Redmond, Financial Analyst Chase Simmons, 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: 00:08:20 Mayor Underwood opened consideration of the Agenda. Mayor Pro Tem Carroll moved to approve the agenda as presented. Councilor Hyatt seconded the motion. The motion passed unanimously, 7–0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:45 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: 00:09:25 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. Amy Phillips, an Avon resident, addressed Council in person and stated that Zipcar vehicles are now available in Vail. She asked whether staff in Avon would begin exploring this community benefit for potential implementation in Avon. Ian Grask, an Avon resident, addressed Council in person and stated that, on Thursday, March 26, there was another community gathering related to housing. He noted that Eagle River Water & Sanitation District (ERWSD) has passed increased fines and fees for Tier 4 and Tier 5 users and asked the Town, as a leading municipality in the valley, to consider what may need to be sacrificed this season with respect to outdoor watering and irrigation. He encouraged the Town to lead by example, noting that the more the Town demonstrates doing its part to cut back, the better it will be for encouraging homeowners to do the same. He also commented on Flock Safety cameras, acknowledging the most recent presentation by Chief Greg Daly, stating that while he trusts the Avon Police Department, he believes the technology poses privacy concerns and potential risks to public safety, including concerns related to public records (FOIA) requests and data privacy. He added that license plate recognition (LPR) systems also carry inherent risks. AVON REGULAR MEETING MINUTES TUESDAY MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Todd Rohr, an Avon resident, addressed Council in person and stated that additional marketing is needed for Avon, particularly in light of a slow winter season. He commented on the importance of making Avon an attractive summer destination and suggested that the Town explore marketing opportunities related to a potential ski train to Avon. He further recommended hosting a community forum to share ideas and discuss marketing efforts related to a ski train and broader destination marketing in the Valley. Adrienne Haydu, a representative of Liftview Condominiums, addressed Council virtually and stated that there is a safety concern along the recreation path behind Liftview related to blind spots. She noted that safety mirrors previously installed at those locations were removed during construction work performed by Eagle River Water & Sanitation District (ERWSD) and asked whether the mirrors could be reinstalled to address the safety concerns. No additional public comment was received in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:18:35 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) 5.2. ACTION: Approval of March 10, 2026, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Councilor Thuon moved to approve the Consent Agenda, as presented. Councilor Hardy seconded the motion. The motion passed unanimously, 7–0. 6. BUSINESS ITEMS 6.1. ACTION: Parking Management in Avon (Town Manager Eric Heil) Video Start Time: 00:19:05 Town Manager Eric Heil introduced the topic of parking management in Avon and presented his memorandum following discussions with Hoffman Properties. He referenced prior direction from Council to engage with Hoffman and noted that Hoffman Properties is prepared to shift to free parking during the off-season, consistent with the Town of Avon. He requested Council direction to allow free parking on Town of Avon streets from April 1 to November 30 and stated that a new reduced $30 parking fine would take effect on April 1. He explained that vehicle registration at Hoffman Properties would still be required; however, Hoffman would not be updating its physical signage and would instead update the information accessible through the QR code used for parking. He added that the Town would update its own signage and that managed parking would remain in place at Avon Town Hall, the Avon Public Library, Lot 16, and the Recreation Center. Council asked questions regarding the cost to park in managed parking locations on Town property and at Hoffman Properties. Mayor Underwood opened the floor for public comment. Ian Grask, an Avon resident, addressed Council in person, thanked the Town for working collaboratively with Hoffman Properties to reach an amicable outcome, and asked what happens if a vehicle is not registered for parking at Hoffman Properties. He was referred to the applicable signage. No additional public comment was received in person or virtually. AVON REGULAR MEETING MINUTES TUESDAY MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 Council then discussed the item further. Mayor Pro Tem Carroll asked staff to meet again with Hoffman representatives to inquire why mandatory license plate registration is necessary. Staff advised that Hoffman Properties uses registration to monitor employee parking and prevent impacts to customer parking. Mayor Underwood referenced Whitewater River Center signage as an example and expressed hope that Hoffman Properties would improve signage clarity. Councilor Stanley asked whether the Town should consider allowing the public to park at the Recreation Center for access to Nottingham Park. Councilors Hardy and Hyatt stated their disagreement with that allowance. Mayor Underwood suggested that private parking licensing could be explored in the future through the Town Clerk’s Office. Councilor Hardy suggested that data security related to license plate information be incorporated into any future licensing considerations. After deliberation, Councilor Hyatt moved to direct staff to adjust Avon’s Parking Management Plan to discontinue paid parking on Town of Avon streets from April 1 to November 30, 2026. Councilor Hardy seconded the motion. The motion passed unanimously, 7–0. 6.2. PRESENTATION: Shop with a Cop Community Awards (Chief of Police Greg Daly) Video Start Time: 00:34:50 Chief of Police Greg Daly delivered a presentation to Council related to the Shop with a Cop 2025 Community Awards. He was joined at the podium by School Resource Officer Rio Burgess, who served as the lead organizer of the event. Chief Daly noted that the 2025 event had the highest number of participating children to date and expressed hope that the program would continue at that level in future years. During the presentation, the Police Department recognized community partners and presented awards, and photographs were taken with award recipients and Council members to commemorate the ceremony. Chief Daly also offered in-person thanks to the Eagle River Fire Protection District Station 7 crew; Principal Harrison with Avon Elementary School; Peter with Warehouse Wine and Liquor; Starbucks Store 05937; Dan with the Salvation Army; Vail Valley Cares; Mike with the Town of Avon Public Works Department; Michael with the Recreation Center; and all Town Staff at Human Resources. As the item was a presentation to Council, no public comment was received and no motion was requested. 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) Video Start Time: 00:48:35 Mayor Underwood reopened the public hearing on Ordinance 26‑02. Community Development Director Matt Pielsticker presented an overview of the Village at Avon Planned Unit Development (PUD) Amendment and Vested Property Rights Extension request. The ordinance and associated materials were presented by Staff, including Matt Pielsticker and Town Manager Eric Heil, along with representatives of the applicant, Traer Creek LLC. The applicant team included Michael Lindholm and Marcus Lindholm (Traer Creek investment leaders), Munsey Ayers (Otten Johnson Robinson Neff + Ragonetti), Jared Eck, and Allison Kent (Mauriello Planning Group, participating virtually). Staff and the applicant responded to Council questions related to PUD Amendment Items 1, 2, 3, 4, AVON REGULAR MEETING MINUTES TUESDAY MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 5, 6, 8, 16, 18, and 19, with particular focus on short‑term rental (STR) allowances, water rights, water storage triggers, and vesting provisions. Mayor Underwood opened the public hearing to public comment. The following comments were received: Bette Todd, an Avon resident, addressed Council in person and stated that the drainage study previously provided by staff may have been updated since she reviewed it. She commented on the engineered grade related to the 250‑foot area, stating that it continues to slope toward existing neighboring homes and that some original grade remains. She also expressed concern about Development Bonus language and the potential removal of future public hearings under Town Code. Jamila Kovcevcik, an Avon resident, addressed Council in person and stated that there are no finalized studies related to water resources and usage. She expressed concern about increased building heights without a solid foundation of water availability, particularly after reading reports related to regional drought conditions. Kathleen Walsh, an Avon resident, addressed Council in person and commented on conceptual maps, stating that anticipated infrastructure changes did not occur as previously shown and that road alignments have continued to shift. She raised concerns about Community Housing Parcel CH‑1, stating it is difficult to interpret, and requested that language specify compatibility with Eagle Bend Drive. She stated density is too high and expressed concern that the Valley Floor development is being adversely impacted. She added that the developer has a reputation for water rights issues and asked whether the Town knows who owns the water rights. She stated the Town needs additional open space, not solely employee housing and STRs, and suggested CH‑1 would be better suited as open space. Thomas Walsh, an Avon resident, addressed Council in person and stated that water rights remain a significant concern. He stated that large buildings do not reflect Avon’s character and that development should focus on housing and thoughtful design rather than large‑scale projects. He stated that if increased density is approved, enforceable and clearly articulated design standards must be locked in now rather than left to future interpretation. He stated this is the only opportunity to require those standards and requested denial of the PUD Amendment, including CH‑1, absent enforceable design requirements that protect the Town’s identity. Elise Howard, representing Habitat for Humanity, addressed Council in person and stated that Habitat is excited to explore local homeownership opportunities on CH‑1 and to partner with the Town. She stated Habitat currently houses an Avon Police Department officer and teachers and emphasized their mission of housing critical community members. Amy Phillips, an Avon resident, addressed Council in person and stated that the water plan appears detailed and well thought out. She stated that overall planning seems to be headed in the right direction and that STRs as allowed on Planning Area A are consistent with existing policy. She stated that changes in height and density in Lot C related to the Development Bonus were appropriate. She AVON REGULAR MEETING MINUTES TUESDAY MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 requested that the notification radius remain measured from the PUD boundary rather than from individual inlying lots to ensure consistent notification of nearby residents. Ian Grask, an Avon resident, addressed Council virtually and stated concerns regarding water rights and STRs. He encouraged Council to limit STRs and to continue evaluating the definition of affordable housing. He recommended avoiding fixed AMI thresholds such as 120% AMI and instead allowing flexibility to define affordability as development phases are built. Kristi Ferraro, an Avon resident, addressed Council virtually and asked Council to consider unintended consequences if the proposal is approved. She asked whether the Planning and Zoning Commission and Council would lose authority due to DRB governance in the Village at Avon. She also questioned whether Parcel A had conceded excessive height and density to Whole Foods and other elements that may not be realized. She stated this decision will have decades‑long impacts and expressed disappointment that more questions were not asked, asking Council to act as advocates for the Town. Craig Ferraro, an Avon resident, addressed Council virtually and stated that the proposal has serious long‑term implications and cited concerns about prior commitments not being fulfilled by Traer Creek. Graham Frank, a Frontgate developer, addressed Council in person and stated that the Code and Staff expertise should guide decisions. He cautioned against attempting to codify every future condition and emphasized trust in the adopted regulatory process. He stated this is the most complex development document he has encountered and that critiquing the process at the end is unfair after extensive community engagement. No additional public comment was received in person or virtually. Town Manager Eric Heil addressed water rights, stating that sufficient water rights exist for the entire development and that Traer Creek has contributed their water rights to the Water Authority. He clarified that water rights are distinct from water infrastructure, which will be constructed by Traer Creek and its Metro District, and stated that future development would no longer rely on tax credits. Council recessed at 8:48 p.m. and reconvened at 9:00 p.m. Council Deliberations by Amendment were as follows: Amendment Items 1–3 (Community Housing): Council engaged in extensive discussion regarding CH‑1 and CH‑2, including density, height, AMI levels, design standards, and partnerships with Habitat for Humanity. Councilors expressed varying levels of support and concern, particularly regarding 120% AMI thresholds, adjacency to existing neighborhoods, and long‑term enforceability of standards. Amendment Item 4 (Development Bonus): A majority of Council supported the amendment with requested clarifications, including refining Town Code references. Mayor Underwood and Councilor AVON REGULAR MEETING MINUTES TUESDAY MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Hardy stated opposition to development bonuses at the Village at Avon due to breadth and perceived risk of abuse. Amendment Item 5 (Short‑Term Rental Overlay): Council deliberated extensively on STR allowances, with differing views on whether STRs should be unlimited, limited, or prohibited within Planning Areas A, C, D, and J. No final consensus was reached beyond majority support for unlimited STRs in Planning Area A only. Amendments 9, 10, 11, 12, 13 & 14: Request withdrawn by co-applicants prior to public meeting. Amendment Items 6, 8, 15, 16, 18, and 19: Council provided direction and positions on engineered grade, height increases, setbacks, vested rights triggers, and subdivision review, with several items receiving unanimous or near‑unanimous support. Following lengthy deliberations, Mayor Pro Tem Carroll moved to continue the second reading of Ordinance 26‑02 to April 14, 2026, and directed the co‑applic11`ants to return with a revised proposal addressing Council’s concerns. Councilor Brooks seconded the motion. The motion passed with a 6-1 vote, with Councilor Stanley opposed. 6.4. ACTION: Pause the Avon Recreation Center Aquatic Refurbishment Project (Town Manager Eric Heil) Video Start Time: 05:23:10 Recreation Director Michael Labagh provided Council with an update on the Avon Recreation Center Aquatic Refurbishment Project and presented staff’s recommendation to pause the project after the proposed maximum price came in significantly over the amount budgeted for the project last fall. Town Manager Eric Heil added that the notice of the proposed maximum price was received the previous Wednesday and confirmed that the Town does not currently have sufficient budget to move forward at that cost. He stated that staff would return at an April meeting with additional details and a proposed strategy for next steps. He also clarified that the pool would not be closed at the beginning of May. Mayor Underwood opened the floor to public comment. No public comment was received in person or virtually. Following deliberation, Councilor Thuon moved to direct staff to pause the Avon Recreation Center aquatic refurbishment project. Councilor Stanley seconded the motion. The motion passed unanimously, 7–0. 7. WRITTEN REPORTS 7.1. March 9th Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 05:28:15 Mayor Pro Tem Carroll stated that a CORE Transit retreat was held on March 18th, 2026, and noted that best practices are now being implemented as transit operations grow and become more sophisticated. AVON REGULAR MEETING MINUTES TUESDAY MARCH 24, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 10:41 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood ___________________________________ 970-748-4023 jskinner@avon.org Page 1 of 2 TO: Honorable Mayor Underwood and Council members FROM: Jena Skinner, AICP, Planning Manager RE: Appointments to the Avon Planning and Zoning Commission DATE: April 8, 2026 SUMMARY: The Planning and Zoning Commission ("PZC") has four (4) immediate open seats to fill out of the seven (7) required for this entity. All current members who have expiring terms wish to continue on this commission and are seeking reappointment. QUALIFICATIONS: Section 7.12.040 Planning and Zoning Commission of the Avon Municipal Code requires that five (5) of the seven (7) voting members of the PZC be registered electors of the Town at the time of appointment. Additionally, it is highly recommended that the composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals such as Architects, Landscape Architects, Designers, Real Estate Developers, contractors, or similar. Applicants for this open position need to reside in Avon and should possess in-depth knowledge of Avon and its community. COMMITTEE COMPOSITION: Provided in the table below is a summary of the current committee members along with their professions: APPLICANTS: Name Avon Elector Profession Carly Hanson Yes Architect Nicole Murad Yes Immigration Attorney Brian Sipes Yes Architect Nancy Tashman Yes Retired/Master Gardener PZC Member Term Expires Avon Elector Profession Status Brad Christianson May 2027 Yes Fabricator Up for renewal 2027 Rick Sudecum May 2027 No Retired/Attorney Up for renewal 2027 Elizabeth Waters May 2027 Yes Sustainability Practitioner & Writer/Editor Up for renewal 2027 Carly Hanson May 2026 Yes Architect Up for renewal 2026 Seeking reappointment Nicole Murad May 2026 Yes Immigration Attorney Up for renewal 2026 Seeking reappointment Brian Sipes May 2026 No Architect Up for renewal 2026 Seeking reappointment Nancy Tashman May 2026 Yes Retired/Master Gardener Up for renewal 2026 Seeking reappointment PZC Appointments April 8, 2026 Page 2 of 2 RECCOMENDATION: I recommend that Council reappoint the existing members for another two (2) years. All members have expressed interest in continuing in their roles on the PZC; are in good standing; have excellent attendance records; and are experienced members on the Avon Planning and Zoning Commission. Please note that this “job” posting has been on the Town’s website for several weeks. Two applications were received – one person from out of the country, and another that was received after this packet was finalized. PROPOSED MOTION: "I move to reappoint Carly Hanson, Nicole Murad, Brian Sipes, and Nancy Tashman for positions on the Town of Avon Planning and Zoning Commission, with terms expiring in May 2028." Thank you, Jena (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Chief Greg Daly and Mike Jackson, Public Works Director RE: Town of Avon and the Eagle River Fire Protection District Wildland Fire preparedness, evacuation protocols and historic and planned mitigation DATE: April 14, 2026 SUMMARY: The Town of Avon, in coordination with Eagle County Government, Eagle River Fire Protection District, the Eagle County Wildfire Collaborative, and Eagle Valley Wildland, continues to advance wildfire preparedness initiatives. These collaborative efforts are focused on enhancing community resilience and ensuring readiness for wildland fire events. BACKGROUND: At the upcoming work session, Chief Greg Daly, Mike Jackson and Battalion Chief Tim Swaner will provide an overview of the Town’s evacuation preparedness efforts, including a scheduled evacuation exercise on May 22. Battalion Chief Swaner will present on the Eagle River Fire Protection District’s wildfire readiness initiatives. Additionally, Battalion Chief Swaner , in his role as Wildland Coordinator for Eagle Valley Wildland, will update the Council on ongoing and upcoming fire mitigation projects in Avon and neighboring areas, with a focus on Spring/Summer 2026. The Town of Avon is actively engaged in the following wildfire preparedness/prevention efforts: CURRENT INITIATIVES: 1. Public Land Defensible Space The Town has committed a total of $80,000 annually for wildfire mitigation work on public lands surrounding the Wildridge subdivision, including: • $40,000 from the Capital Improvements Projects Fund (CIP) • $40,000 from the Economic Development Fund These funds, allocated to the Eagle Valley Wildland/Eagle River Fire Protection District, support the creation of fuel breaks and defensible space. The partnership is formalized through an Intergovernmental Agreement formalizes this partnership. Since 2022, the Town of Avon has contributed a total of $340,000 toward wildfire mitigation efforts with Eagle River Fire. 2. Countywide Wildland Fire Evacuation Zone Mapping In coordination with regional fire departments and emergency agencies, the Avon Police Department has assisted in developing standardized evacuation zone maps. These maps subdivide neighborhoods for efficient communication during emergencies and are integrated into the Genasys Protect platform, enabling targeted alerts through Reverse 911 and other notification systems. https://protect.genasys.com/search 3. Emergency Siren Alerting System Avon operates five emergency evacuation sirens: • Three in the Wildridge subdivision • One in the Wildwood subdivision Page 2 of 3 • One in the Mountain Star subdivision Each siren runs on 120V power with a 30-minute battery backup and is tested monthly from May through October. Sirens can be activated from the Vail dispatch center or locally via handheld radios. 4. EC Alerts Residents are strongly encouraged to enroll in Eagle County emergency alerts (EC Alerts) through either ReachWell—which provides notifications in multiple languages—or the Everbridge app which allows for more customized alert preferences. Registration is available at: https://member.everbridge.net/1332612387832141/login 5. Go bag Residents are strongly encouraged to have a “Go bag” ready with important documentation, photographs and important medications. 6. Secondary Evacuation Route for Wildridge This emergency route is now complete and was developed through a multi-agency collaboration involving: • Avon Police Department, Avon Community Development, Public Operations, and Engineering • Singletree HOA and Berry Creek Metro District • Eagle County, U.S. Forest Service, and Colorado Parks and Wildlife The gated route provides emergency access for responders and an evacuation option for residents of Wildridge or Singletree during a wildfire. Recently maintenance has been completed by Public Operations to ensure sufficient clearance for fire apparatus. 7. 2025 Eagle County Emergency Operations Plan (EOP) The Town of Avon is a contributing partner and signatory to the countywide Emergency Operations Plan, which establishes a comprehensive framework for coordinated response to all types of emergencies. https://docs.google.com/document/d/1d5EkUKsNNNWkgXEVe9FG3j1ZzcwIVrm- 44OMZhcVlE0/preview?pli=1&tab=t.0 8. Eagle County Community Wildfire Protection Plan (CWPP) Updated in December 2023, this plan outlines countywide strategies for wildfire prevention, preparedness, and mitigation. https://drive.google.com/file/d/1rv9J-v2OJd4KJesAFeMOmhmNc2JHbRDb/view 9. Annual Wildridge Wildland Fire Evacuation Exercise Scheduled for May 22, this multi-agency exercise— led by the Avon Police Department—will test a range of notification systems including: • Sirens • EC Alert and IPAWS • Local radio broadcasts • Reverse 911 • Drones • Door-to-door notifications/car public announcement systems The exercise will also test unified command protocols and includes participation from more than 25 community partners. Page 3 of 3 TOWN MANAGER COMMENTS: Thank you, Chief Greg Daly and Mike Jackson ### Attachment A: Annual Avon Wildridge Disaster/Evacuation Exercise Overview Attachment B: Wildland Fire Mitigation Overview Attachment C: Eagle River Fire 2026 Wildfire Spring Update and Project Overview 2026 Wildridge Evacuation Exercise April 14, 2026 Eleventh Annual Avon Wildridge Disaster/Evacuation Exercise Overview Greg Daly, Chief of Police ATTACHMENT A 2026 Wildridge Evacuation Exercise April 14, 2026 When •Friday May 22nd, 8AM-12AM Where Wildridge: •Fox Lane •Beaver Creek Point •Saddleridge Loop (between Fox and Beaver Creek Point) Why •Exercise the town's ability to respond to a wildland-urban interface wildfire •Exercise alternate routes of evacuation IF needed •Test Siren Alerting System 2026 Wildridge Evacuation Exercise April 14, 2026 What Exercise 9 Core Capabilities: -Planning -Public Information/Warning (Door to Door/Tape, Siren Test, Social, Media, Local Radio) -Critical Transportation -Operational Communications -Traffic Control -On-Scene Security/Re-entry Control -Mass Care Services -Protection & Law Enforcement -Emergency Declaration/Continuing Resolution •Who •Avon PD, Eagle River Fire Protection District, Public Works, Mobility, PIO Group, Eagle River Fire Protection District, Eagle County Emergency Management Office, Eagle County Paramedic Services, Salvation Army (Mobile Canteen/Cots), Vail Public Safety Communications Center/Mobile Command Unit, Colorado State Patrol, Eagle County Victim’s Services, Eagle County Human Services, Vail PD, Eagle County Sheriff’s Office, Colorado Rangers, Community Organizations Active in Disasters (COAD), Holy Cross Energy, Black Hills Energy, Xcel Energy, Eagle River Water and Sanitation District 2026 Wildridge Evacuation Exercise April 14, 2026 2026 Wildridge Evacuation Exercise April 14, 2026 Thank you… Wildland Fire Mitigation 04/14/2026 Mike Jackson Public Works Director Town of Avon Wildland Fire Mitigation Overview ATTACHMENT B Town of Avon Wildfire Mitigation Efforts Wildland Fire Mitigation 04/14/2026 Focus on: •Funding to support ERFPD fuel break mitigation across town •Infrastructure improvements to support emergency response •Ongoing preparedness and planning •Coordination with ERFPD and regional partners Wildridge Wildfire Mitigation Wildland Fire Mitigation 04/14/2026 •Adopted the 2021 International Fire Code (IFC) •$340,000 contribution to ERFPD (2022–2026) •June Creek Trail (Wildridge–Singletree emergency access) •Wildland-Urban Interface (WUI) defensible space requirements •Evacuation planning and annual exercises •Community support: -Chipping and debris removal -Homeowner mitigation awareness What the Town Has Done Wildridge June Creek Trail Singletree Wildland Fire Mitigation 04/14/2026 Emergency Sirens (Town Infrastructure) •5 emergency sirens: •O’Neal Spur Park •Pocket Park •Wildridge Water Tank •Wildwood Public Works Garage •Mountain Star Water Tank •Improves community alerting and evacuation readiness 1 2 3 4 5 3 5 1 2 4 Eagle River Fire Protection District Presentation •The Town of Avon has partnered closely with the Eagle River Fire Protection District (ERFPD) on wildland fire mitigation efforts •Here to present today: •Battalion Chief Tim Swaner Wildland Fire Mitigation 04/14/2026 ATTACHMENT C 970.748.4413 matt@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Community Development Director RE: 2 nd Reading Ordinance 26-02 | CONTINUED QUASI-JUDICIAL PUBLIC HEARING Village (at Avon) PUD Amendment | File PUD23002 Vested Property Rights Extension | File VPR23001 DATE: April 9, 2026 SUMMARY: Traer Creek LLC (“Applicant”) has provided additional amendments to the PUD Amendment and Vested Property Rights Extension applications, pursuant to comments and direction received at the March 24, 2026 Public Hearing. This report focuses exclusively on changes to the applications since your last hearing. Attached to this report are the redline exhibits showing isolated changes to the PUD Guide, and the Consolidated, Amended and Restated Annexation and Development Agreement (“CARADA”). Lastly, Ordinance 26-02 includes the complete PUD Guide and CARADA redlines showing the existing agreements and all proposed amendments. If Ordinance 26-02 were to be approved, the clean copies of the PUD Guide and CARADA would be the final attachments to the Ordinance. PUD GUIDE CUL DE SACS (pg. 1-2): The now obsolete language referencing the number of units allowed on a cul-de- sac has been removed. DEVELOPMENT BONUS (pg. 12): Eric Heil and I suggested and recommended to the Applicant that Avon’s Development Bonus process and standards should apply within the Village (at Avon). This is a tool adopted in 2022 which allows Council discretion to approve changes to specific development standards (e.g. setbacks and parking) if there are specific public benefits proposed (e.g. additional Community Housing, economic benefits, or public amenities) and potential impacts can be mitigated. Revisions were presented at the March 24, 2026 Council meeting to address public comment concerns about interpreting the Development Bonus process as potentially administrative. Discussion focused on drafting styles and principles, whether and how much to re-write portions of the existing Avon code into the Village PUD Guide document, and how the Village PUD Guide document is defined and interpreted. Reference to Section 7.16.170 of the Municipal Code means the Avon Municipal Code as may be amended from time to time. Exhibit H: Definitions of the Village PUD Guide defines “Municipal Code” as follows: “Municipal Code means the Town’s Municipal Code, as amended from time to time, unless stated otherwise.” Therefore, adding “as amended from time to time” is not necessary whenever referencing the “Municipal Code” in the PUD Guide, and is NOT RECOMMENDED in this paragraph because there are many, many other references throughout the PUD Guide to Municipal Code. The intent was to define Municipal Code as meaning “as amended from time to time” so as not to repeat this phrase every time Municipal Code was referenced. There was also discussion about whether adding specific language stating a public hearing by Avon Planning and Zoning Commission (“PZC”) and public hearing by Town Council was required for clarification. Section 7.16.170 of the Municipal Code requires both Avon PZC and Town Council to conduct public hearings when reviewing Development Bonuses. Legally, it is not required; however, it is RECOMMENDED to add this language for clarification and understanding by the general public: “(f) Development applications in all Planning Areas may include a concurrent application to increase or decrease the PUD Guide’s Development Standards (a Page 2 of 3 “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, including any required public hearings by Planning and Zoning Commission and Town Council, 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.” There was discussion about whether approval by “Town” or “Town Council” was preferrable and discussion about hypothetical future amendments to the Section 7.16.170 Development Bonus might create administrative approval of development bonuses. It is RECOMMENDED to specifically reference “Town Council” for approval. A hypothetical change to allow Avon PZC or administrative approval of a Development Bonus is extremely remote and unlikely because a Development Bonus allows a change from development standards which is unusual and represents substantial policy making by the Town. SHORT TERM RENTALS (pg. 12, 18, 28, I-18): Revisions were presented at the March 24, 2026 meeting to demonstrate that Short Term Rentals (“STRs”) would be permitted in Planning Areas A, C, D, and J. The definition of Short Term Rental presented on March 24, 2026 included explicit language permitting STRs within Planning Area A, without limitations such as the 15% cap applied to other areas of Town as administered through Municipal Code Section 5.04.050(g). There was a question about how Planning Areas C, D, and J would be recognized/documented with a 15% cap on licenses. Condition No. 1 in the Ordinance requires an update of the Town’s published STR overlay map to differentiate where licenses are unrestricted or restricted. Additional language has been inserted in the list of Allowed Uses portion of the PUD Guide for Planning Areas that allow STRs, including clarification of which areas are restricted to 15% licenses (PA-C, PA-D, PA- J) or are unrestricted (PA-A). The definition of STRs has also been revised to include PA-C, PA-D, and PA- J restrictions as discussed. NOTE: Staff plans to propose revisions to the STR regulations in Avon’s Municipal Code to improve the definitions and terminology. This is not related to this Village PUD Amendment application other than we are thinking forward that the terminology in this PUD amendment will fit with Avon Municipal Code Amendments. Specifically, we are contemplating defining “STRs” and “Limited STRs” (Limited STRs are already defined and allow 42 days of short term rental) and “An Unrestricted STR Overlay” (currently Town core) and “Restricted STR Overlay” (currently not Town Core and restricts STRs to 15% of residential units on a property). The terms used in this Village PUD Amendment work with the Avon Municipal Code today and will work for future revisions to the Municipal Code. CARADA VESTED PROPERTY RIGHTS (pg. 3): There was a lengthy discussion at the March 24, 2026 meeting with the performance triggers for vested rights extension. The timing and potential need for water service Page 3 of 3 for a project on the East Avon Preserve, before development elsewhere, was a focus. Many steps will need to take place for a project on the East Avon Preserve, and for water tank(s) construction on the Mountainside. The requirement for the Town to complete other projects on CH1 and CH2 before initiating a request for water tank construction remains in the document. COMMUNITY HOUSING DEDICATION CH1 and CH2 (pg. 5-6): During the March 24, 2026, meeting it was acknowledged that Community Housing projects located on CH1 and CH2 may not be operated by the Town of Avon. Ownership, construction and management could involve other housing authorities, non- profit groups, and private entities. Language stating that CH1 and CH2 would be “owned, operated, and managed by the Town” has been removed from each section in the CARADA where mentioned. The timing of the land dedication for the portion of CH1 not currently owned by the Town (Lot 8) was not previously defined. Language was added requiring conveyance of the property to the Town within 60 days of the effective date of the amendment. TYPOS AND CORRECTIONS: Additional corrections: - PUD Guide pg. 42 – Number of (potential) Community Housing units within CH-1 an CH-2 was corrected from 76 to 64 total units. - CARADA pg. 1 – Ordinance number is now included. - CARADA pg. 4 – Subsection paragraph reference for primary vesting period corrected - CARADA pg. 6 and 8 – Notifications for Town Manager and Town Attorney updated to general email addresses. - CARADA pg. 10 – Vesting Term definition “means, individually or collectively as the context dictates, the Primary Vesting Term and the Mountainside Vesting Term.” PUBLIC HEARING: The noticed hearings included public comments at each meeting with PZC and Town Council. In addition to comments during the Public Hearings, written public comments have been received by e-mail. Written public comments received during the entire review process are attached to this report as Attachment D. OPTIONS: Council has the following options: • Approve 2nd Reading of Ordinance 26-02, as drafted • Approve 2nd Reading of Ordinance 26-02, with changes • Motion and vote to Deny, based on findings. 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 the First Amendment to the Consolidated, Amended, and Restated Annexation and Development Agreement.” Thank you, Matt ATTACHMENT A: Isolated Amendments to PUD Guide since March 24, 2026 ATTACHMENT B: Isolated Amendments to CARADA since March 24, 2026 ATTACHMENT C: Ordinance 26-02 ATTACHMENT D: Written Public Comments TABLE OF CONTENTS Page i 2985509.132985509.14 A. PURPOSE/GENERAL PROVISIONS .............................................................................. 1 1. Defined Terms ....................................................................................................... 1 2. Purpose ................................................................................................................... 1 3. Vested Property Rights .......................................................................................... 2 4. General Provisions ................................................................................................. 2 5. Applicability of Other Regulations ........................................................................ 5 6. Conflict .................................................................................................................. 6 B. TOTAL PERMITTED DENSITY ..................................................................................... 6 C. GENERAL LAND USE DESIGNATIONS .................................................................... 10 1. Designations ......................................................................................................... 10 2. Permitted Uses ..................................................................................................... 11 D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD .......... 11 1. General ................................................................................................................. 11 2. Planning Area A - Village Center Mixed Use Project ......................................... 12 3. Planning Area B - Community Facilities ............................................................. 16 4. Planning Areas C and D - Village Residential Mixed Use Projects ................ 1817 5. Planning Area E – School ................................................................................ 2120 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 .......................................................................................... 2827 8. Planning Area K - Hillside Residential ............................................................ 3130 9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ......................... 33 10. Planning Areas P1-P3: Parkland ..................................................................... 3635 11. Planning Areas OS1 – OS7: Natural Open Space .......................................... 3837 12. Planning Areas PF-2 and PF-3: Public Facility ................................................. 39 13. Planning Areas CH-1 and CH-2 – Community Housing ................................. 4140 E. SPECIAL REVIEW USE ............................................................................................ 4342 1. Special Review Use Permit .............................................................................. 4342 2. Application Filing and Processing ................................................................... 4342 3. Submittal Requirements for Special Review Use ............................................ 4443 4. Criteria for Review, Recommendation, and Approval of Special Review Uses ...................................................................................................................... 44 ATTACHMENT A TABLE OF CONTENTS (continued) Page ii 2985509.132985509.14 5. Amendments to Special Review Use Permit ................................................... 4544 F. TEMPORARY USES AND STRUCTURES .................................................................. 45 G. SUBDIVISION ................................................................................................................ 45 1. General; Applicability .......................................................................................... 45 2. Application Submittal Items ................................................................................ 46 3. Procedure ......................................................................................................... 4746 4. Criteria for Review and Approval ........................................................................ 47 5. Material Modification to Certain Street Connections ...................................... 4847 H. DEVELOPMENT PLAN AMENDMENT PROCEDURES....................................... 4948 1. General ............................................................................................................. 4948 2. Formal Amendments ............................................................................................ 49 3. Administrative Amendments ............................................................................... 49 4. Modifications Not Requiring Amendment .......................................................... 52 I. SUPPLEMENTAL REGULATIONS ......................................................................... 5352 1. Interim Uses ..................................................................................................... 5352 2. Solid Fuel Burning Devices ............................................................................. 5453 3. Signs ................................................................................................................. 5453 4. Parking Requirements ...................................................................................... 5453 5. Surface Parking Landscaping Requirements ....................................................... 54 6. Drainage Requirements ........................................................................................ 54 7. Sidewalk and Trail Standards .......................................................................... 5554 8. Alternative Equivalent Compliance and Variances ......................................... 5554 9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements ....................................................................................................... 55 10. Wildlife Mitigation Plan .................................................................................. 5756 11. Design Review Guidelines ............................................................................... 5756 12. Natural Resource Protection ............................................................................ 5857 13. Residential Fire Suppression Systems ............................................................. 5857 14. Park, Recreation and Trail Access ................................................................... 5857 15. Community Housing Plan .................................................................................... 58 16. Provision of Certain Amenities ........................................................................ 6160 ATTACHMENT A 2985509.132985509.14 The Village (at Avon) Third Amended and Restated PUD Guide _____________, 2026 A.PURPOSE/GENERAL PROVISIONS. 1.Defined Terms. Capitalized words and phrases used in this PUD Guide have the meanings set forth in Exhibit I of this PUD Guide. Words and phrases which are not defined in Exhibit I of this PUD Guide but are defined in the Development Code shall have the meaning as defined in the Development Code. Where any word or phrase defined in Exhibit I of this PUD Guide is the same or substantially similar to a word or phrase defined or used in the Development Code, the word or phrase defined in Exhibit I of this PUD Guide shall be the sole and exclusive definition of such word or phrase. Any word or phrase which is not defined in Exhibit I of this PUD Guide and not defined in the Development Code, but is defined elsewhere in the Municipal Code, shall not be presumed to have the specific meaning given such word or phrase in the Municipal Code unless expressly stated herein. Notwithstanding any provision of this Section A.1, if, subsequent to the Original Effective Date, the Town amends from time to time any definitions set forth in the Development Code, the Master Landowner, in its sole discretion, may, from time to time, consider amendment of this PUD Guide to incorporate such amended definitions herein, which amendment(s), if any, shall be processed in accordance with the administrative amendment procedure set forth in Section H.3. 2.Purpose. (a)The Village (at Avon) PUD encompasses the Property, which is a large parcel of land under unified development control of the Master Landowner (together with and on behalf of the Affiliated Landowners) as of the Effective Date. This PUD Guide (including each Exhibit attached hereto) shall control the zoning, Uses, Development Standards, development application review procedures for the Property to the extent set forth in this PUD Guide, pursuant to Section 7.16.060 Planned Unit Development (PUD) of the Development Code, adopted pursuant to C.R.S. §24-67-104 and pursuant to the Avon’s Home Rule Authority, which implements the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S. (b)The purpose of this PUD Guide is to amend and restate in its entirety the Original PUD Guide to implement certain modifications thereto concerning, among other matters, Planning Areas A, C, D, E, I, J, K, RMF-1, CH-1, and CH-2, the Community Housing Plan, applicable requirements and criteria pertaining to the maximum number of ATTACHMENT A 2 2985509.132985509.14 Dwelling Units that can be constructed on a cul-de sac, and clarify certain matters with respect to the operation of Short Term Rentals. Accordingly, this PUD Guide expressly replaces and supersedes the Original PUD Guide and any additional or conflicting provisions of the Municipal Code with respect to the subject matter contained herein. 3. Vested Property Rights. The Development Plan and any Preliminary Plans and Final Plats approved subsequent to the Original Effective Date, together with any amendments to any of the foregoing, constitutes an approved “site-specific development plan” as defined in the Vested Property Rights Statute and pertinent provisions of the Municipal Code. Without limiting the generality of the foregoing, the Landowners of the Property shall have Vested Property Rights to undertake and complete development and use of the Property as provided in the Development Plan, and as set forth in Section 2.4 of the Development Agreement. The Vested Property Rights so established shall be and remain vested for the “Vesting Term” (inclusive of the Primary Vesting Term and Mountainside Vesting Term), as such terms are defined in the Development Agreement. Pursuant to the Municipal Code, as in effect on October 7, 2011: Approval of the Development Plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16, of the Avon Municipal Code as amended. Upon and after expiration of the “Vesting Term” (as defined in the Development Agreement), this PUD Guide and any amendments thereto shall continue to be the zoning for the Property, provided that the Town shall have the authority, if any, to amend this PUD Guide without the consent of the Master Landowner or any other owner of the Property, or any portion thereof, in accordance with applicable law. 4. General Provisions. (a) Control Over Use, Location and Bulk. The Development Plan shall control the Use, location and bulk of Buildings and Structures from and after the Effective Date, and subject to compliance with the Development Standards set forth in the Development Plan for the affected Planning Area and any additional or more restrictive standards and requirements set forth in the Design Review Guidelines or the Design Covenant: (i) For any new Building or Structure, and any parcel of land or Site; and (ii) For any changes or extensions of Use of any existing Building, Structure, parcel of land or Site; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final location, Use and bulk of all future Buildings, Structures and improvements; and (iv) Any existing Building or Structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose or Use permitted or required by the provisions of this PUD Guide that is applicable to the Site in which ATTACHMENT A 12 2985509.132985509.14 exhaustive and shall not limit the interpretation of Uses by Right, Special Review Uses, Temporary Uses or Interim Uses stated in the preceding sentence. (e) In all Planning Areas, Architectural Projections may project ten (10) feet or less beyond the applicable Building Envelope with the prior written consent of the Design Review Board. Architectural Projections may project greater than ten (10) feet beyond the applicable Building Envelope with the prior written consent of the Design Review Board and the Town. (f) 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, including any required public hearings by Planning and Zoning Commission and Town Council, 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. ATTACHMENT A 13 2985509.132985509.14 (viii) Short Term Rental(s) (not subject to 15% license limitation set forth in Municipal Code Section 5.04.050(g)). (ix) Mixed Use Projects; provided, however, (a) no Uses specifically prohibited in Section D.2(c) below shall be included in such Mixed Use Project, and (b) no Uses specifically identified as Special Review Uses in Section D.2(b) below shall be included except pursuant to the review and approval processes set forth in Section E below. (x) Cabled Telecommunications Equipment, Cabled Telecommunications Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (xi) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (xii) Dry Utilities. (xiii) Infrastructure. (xiv) Indoor recreation and/or entertainment facilities. (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvi) Parks and Open Space. (xvii) Commercial Parking, Private Parking, Public Parking and public and private transportation and transit facilities, including but not limited to, Parking Structures, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts. (xviii) Outdoor Storage of merchandise for sale and only as an Accessory Use to a retail Use. (xix) Accessory Uses and Structures customarily appurtenant to Uses by Right. (xx) Agricultural Use (as an Interim Use only). (xxi) Rodeo and ancillary carnival (as an Interim Use only). (xxii) Recycling Facility (as an Interim Use only). (xxiii) Snow storage (as an Interim Use only). ATTACHMENT A 18 2985509.132985509.14 4. Planning Areas C and D - Village Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section D.4(b) below or specifically prohibited in Section D.4(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Short Term Rental(s) (subject to 15% license limitation set forth in Municipal Code Section 5.04.050(g)). (iii) Commercial Uses that have frontage on Main Street. (iv) Agricultural Use (as an Interim Use only). (v) Community Facilities. (vi) Vacation Club and Temporally Divided Dwellings. (vii) Mixed Use Projects (provided, however, no Uses specifically prohibited in Section D.4(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section D.4(b) below shall be included except pursuant to the review and approval processes set forth in Section E below). (viii) Commercial Parking, Private Parking, Public Parking, and public and private transportation and transit facilities, including but not limited to, Parking Structures, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts. (ix) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (x) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (xi) Infrastructure. (xii) Dry Utilities. (xiii) Indoor recreation and/or entertainment facilities. (xiv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xv) Parks and Open Space. ATTACHMENT A 28 2985509.132985509.14 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) (subject to 15% license limitation set forth in Municipal Code Section 5.04.050(g)). (iii) Commercial Uses. (iv) Mixed Used Projects; provided, however, (a) no Uses specifically prohibited in Section D.7(c) below shall be included in such Mixed Use Project, and (b) no Uses specifically identified as Special Review Uses in Section D.7(b) below shall be included except pursuant to the review and approval processes set forth in Section E below. (v) Automobile Repair Shops (Minor). (vi) Community Facilities. (vii) Agricultural Use (as an Interim Use only). (viii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (ix) Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (x) Infrastructure. (xi) Dry Utilities. (xii) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xiii) Recreational facilities. (xiv) Parks and Open Space. (xv) Additional uses which the Director determines to be similar to Uses by right. ATTACHMENT A 42 2985509.132985509.14 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 7664 Community Housing Units contemplated within Planning Areas CH-1 and CH-2 pursuant to Section D.13(e)(iii) will be supplied from the Water Bank’s (as defined in Section 3.4(a) of the Development Agreement) potable water, while water service for any associated landscaping will be supplied from the Water Bank’s (as defined in Section 3.4(a) of the Development Agreement) non-potable water. Water service to serve any uses and/or density within Planning Areas CH-1 and CH-2 beyond the permitted maximum density set forth in Section D.13(e)(iii) will not be supplied from the Water Bank (as defined in Section 3.4(a) of the Development Agreement) without Master Landowner’s prior written approval. (iii)The Community Housing Units in Planning Area CH-1 and CH-2 will count toward satisfaction of the number of Community Housing Units required pursuant to Section I.15(a) of the Community Housing Plan. ATTACHMENT A Exhibit B Page B-2 2985509.14 ATTACHMENT A Exhibit I Page I-18 2985509.132985509.14 (c)Drive-through facilities are allowed, subject to Design Review Board review and approval of Site-internal traffic patterns, Site-internal vehicle stacking areas, and entrance and exit locations. (iii)With respect to “standard” Restaurants, which may but are not required to include as an Accessory Use the on-premises production of fermented (alcoholic) malt beverages and/or malt, special malt or vinous and spirituous liquors: (a)Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; and/or (b)Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the Restaurant building. Service Station(s) means a facility equipped for the sale of gasoline, diesel, electricity or other forms of fuel for motorized vehicles, and which may but is not required to include as an Accessory Use Convenience Retail, fast food Restaurants, drive-through Restaurants, and/or automated or self car washes. Short Term Rental(s) pursuant to Section 3.29.020 of the Municipal Code, in effect as of the Effective Date, means any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any unit classified as commercial property by the Eagle County Assessor. For the purposes of this PUD Guide, Short Term Rental(s) may only be operated in an existing Dwelling(s) otherwise permitted in the applicable Planning Area, subject to compliance with applicable Town licensing and related regulatory requirements provided, however, there shall be no. The 15% limitation on the number of Short Term Rental licenses available for properties within Planning Area A, notwithstandingset forth in Municipal Code Section 5.04.050(g). shall apply to properties within Planning Areas C, D, and J, and shall not apply to properties within Planning Area A. Accommodations Unit(s) may not be used as Short Term Rental(s). The operation or non-operation of a Building, Dwelling, Dwelling Unit, or any portion thereof, as a Short Term Rental will not affect the classification of such Building, Dwelling, or Dwelling Unit’s otherwise applicable Use Category under this PUD Guide. Single-family Dwelling means a Building designed exclusively for occupancy by one (1) family (or individual or group of individuals living independently as a unit), but expressly excluding a Mobile Home. Site means a specifically described area of land which is the subject of a development Application, and which may be a Lot, an aggregation of Lots within a Mixed Use Project or any other form of designation or combination of designations of specifically described areas of land that are otherwise eligible to be developed under the terms of this PUD Guide and applicable law. ATTACHMENT A Summary report: Litera Compare Cloud 11.15.0.57 Document comparison done on 4/9/2026 9:12:05 PM Style name: Default Style Intelligent Table Comparison: Active Original filename: Third Amended and Restated PUD Guide.docx Modified filename: Third Amended and Restated PUD Guide.docx Changes: Add 54 Delete 53 Move From 1 Move To 1 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 1 Embedded Excel 0 Format changes 0 Total Changes: 110 ATTACHMENT A 4199881.94199881.10 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. [_____________]26-02, 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). ATTACHMENT B 2 4199881.94199881.10 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 the conditions precedent stated in Section 4.1(a)(ii)(A) are satisfied. (A) On or before the earlier to occur of (I) October 20, 2039; or (II) subject to satisfaction of the prerequisites stated in Section 1.4(a)(ii)(B), the one hundred eightieth (180th) day (or such later date as may be specified in the notice) ATTACHMENT B 3 4199881.94199881.10 after the date on which the Town delivers to Master Landowner written notice pursuant to Section 1.4(a)(ii)(B) requesting that Master Landowner (or District or designee) fund its proportionate share of the total estimated costs: i) 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, 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., and ii) in a location, alignment and form mutually agreed upon by the Town and the then-landowner(s) of property adjacent to East Avon Preserve (as of the Effective Date, Traer Creek Holdings No. 2 and/or Traer Creek-RP LLC), such landowner has or landowners have granted to the Town legal access from a public road to the East Avon Preserve property by a recordable instrument (i.e., plat, easement agreement(s), or deed(s)) executed and delivered to the Town. (B)(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)(A)i); provided, however, that the Town certifies in such notice that it has satisfied each of the following conditions precedent: i)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; ii)b) the Town has obtained final, non-appealable approval of a sitedevelopment plan for development, and has secured funding for and is prepared to proceed with construction, of Community Housing Units in East Avon Preserve; and iii)c) the Town has secured and is prepared to fund into escrow or other suitable financial instrument its proportionate share ATTACHMENT B 4 4199881.94199881.10 (as described in Section 1.4(a)(ii)(BC)), 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. (C)(B) Master Landowner’s (or District or designee) and the Town’s respective proportionate shares of the total estimated costs described in SectionSections 1.4(a)(ii)(A)i) and 1.4(a)(ii)(B)iii) 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. (D)(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 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)(iiiii)); 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 ATTACHMENT B 5 4199881.94199881.10 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)(iiiii)), 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)(iiiii)), 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-2. 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 ATTACHMENT B 6 4199881.94199881.10 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). FollowingWithin sixty (60) days of the First Amendment Effective Date, Traer Creek Holdings No. 1 LLC shall convey Lot 8, Third Amended Final Plat, Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1, Recorded at Reception No. 2019013092 to the Town by special warranty deed, in the form attached as Exhibit B to this Development Agreement. Such special warranty deed shall contain the use restriction contemplated by this Section 3.7(e)(i). (ii)Planning Area CH-2. Master Landowner previously caused conveyance of Lot 5, Final Plat, The Village (at Avon) Filing 1 to the Town, being an approximately 4.03-acre Site which previously comprised Planning Area PF-1 and was Dedicated to and granted Final Acceptance by the Town in satisfaction of the Public Works Dedication (as defined in the Original Agreement) obligation pursuant to Section 4.3 of the Original Agreement. The designation of Lot 5 as Planning Area CH-2 and the Town’s use thereof for development of Community Housing Units to be owned, operated and managed by the Town shall not be construed as negating full satisfaction of the Public Works Dedication obligation described in Section 4.3 of the Original Agreement nor shall it be construed as requiring any further land Dedications in satisfaction of the Public Works Dedication obligation. Said Lot 5 shall be subject to the restriction that it be used for the Town’s intended development of Community Housing Units to be owned, operated and managed by the Town in accordance with the terms, conditions, requirements and restrictions set forth in the PUD Guide and this Section 3.7(e). (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): ATTACHMENT B 7 4199881.94199881.10 To the Town: Town of Avon 100 Mikaela Way Avon, Colorado 81620 Attention: Town Manager Telephone: (970) 748-4004 Email: eheil@avon.org townmanager@avon.org ATTACHMENT B 8 4199881.94199881.10 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 townattorney@avon.org 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 ATTACHMENT B 9 4199881.94199881.10 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 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 ATTACHMENT B 10 4199881.94199881.10 To the Limited Parties: Avon Urban Renewal Authority 100 Mikaela Way Avon, Colorado 81620 Attention: Town Manager Telephone: (970) 748-4004 Email: eheil@avon.orgtownmanager@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.comtownattorney@avon.org 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 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 ATTACHMENT B 11 4199881.94199881.10 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. 52. Effective Date means August 1, 2014. 54. Execution Date means October 22, 2013. ATTACHMENT B 12 4199881.94199881.10 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, individually or collectively as the context dictates, 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 ATTACHMENT B 13 4199881.94199881.10 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] ATTACHMENT B 14 Town Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.94199881.10 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) ATTACHMENT B 15 TCMD Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.94199881.10 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) ATTACHMENT B 16 Master Landowner Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.94199881.10 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) ATTACHMENT B 17 Master Landowner Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.94199881.10 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) ATTACHMENT B Exhibit A Page 1 4199881.94199881.10 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 ATTACHMENT B Exhibit A Page 2 4199881.94199881.10 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. ATTACHMENT B Exhibit A Page 3 4199881.94199881.10 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. ATTACHMENT B Exhibit A Page 4 4199881.94199881.10 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. ATTACHMENT B Summary report: Litera Compare Cloud 11.15.0.57 Document comparison done on 4/9/2026 8:43:45 PM Style name: Default Style Intelligent Table Comparison: Active Original filename: First Amendment to CARADA.docx Modified filename: First Amendment to CARADA.docx Changes: Add 51 Delete 34 Move From 3 Move To 3 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.)0 Embedded Excel 0 Format changes 0 Total Changes: 91 ATTACHMENT B SECOND READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension April 14, 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, March 24, 2026, and April 14, 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 C SECOND READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension April 14, 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 ATTACHMENT C SECOND READING Ord 26-02 Village (at Avon) PUD Amendment & Vested Rights Extension April 14, 2026 Page 3 of 3 alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after final passage in accordance with Section 6.4 of the Home Rule Charter for the Town of Avon, Colorado. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that 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 April 14, 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 April 14, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney ATTACHMENT C 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: April 14, 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, March 24, 2026, and April 14, 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 ORD. 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 ORD. 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 April 14, 2026 AVON TOWN COUNCIL BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk EXHIBIT A to ORD. 26-02 1650530.6 2985509.14 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 ORD. 26-02 Table of Contents TABLE OF CONTENTS Page i 2985509.14 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 .................... 17 5. Planning Area E – School .................................................................................... 20 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 .............................................................................................. 27 8. Planning Area K - Hillside Residential ................................................................ 30 9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ..................... 3233 10. Planning Areas P1-P3: Parkland ......................................................................... 35 11. Planning Areas OS1 – 0S7OS7: Natural Open Space ........................................ 37 12. Planning Areas PF-1 –-2 and PF-3: Public Facility ....................................... 3839 13. Planning Areas CH-1 and CH-2 – Community Housing ..................................... 40 E. SPECIAL REVIEW USE ............................................................................................ 4042 1. Special Review Use Permit .............................................................................. 4042 2. Application Filing and Processing ................................................................... 4042 3. Submittal Requirements for Special Review Use ............................................ 4143 EXHIBIT B to ORD. 26-02 Table of ContentsTABLE OF CONTENTS (continued) Page ii 2985509.14 4. Criteria for Review, Recommendation, and Approval of Special Review Uses .................................................................................................................. 4144 5. Amendments to Special Review Use Permit ................................................... 4244 F. TEMPORARY USES AND STRUCTURES .............................................................. 4245 G. SUBDIVISION ............................................................................................................ 4345 1. General; Applicability ...................................................................................... 4345 2. Application Submittal Items ................................................................................ 46 3. Procedure ............................................................................................................. 46 4. Criteria for Review and Approval ........................................................................ 47 5. Material Modification to Certain Street Connections ...................................... 4547 H. DEVELOPMENT PLAN AMENDMENT PROCEDURES....................................... 4648 1. General ............................................................................................................. 4648 2. Formal Amendments ........................................................................................ 4649 3. Administrative Amendments ........................................................................... 4649 4. Modifications Not Requiring Amendment ...................................................... 4952 I. SUPPLEMENTAL REGULATIONS ......................................................................... 5052 1. Interim Uses ..................................................................................................... 5052 2. Solid Fuel Burning Devices ............................................................................. 5053 3. Signs ................................................................................................................. 5053 4. Parking Requirements ...................................................................................... 5153 5. Surface Parking Landscaping Requirements ................................................... 5154 6. Drainage Requirements .................................................................................... 5154 7. Sidewalk and Trail Standards .......................................................................... 5254 8. Alternative Equivalent Compliance and Variances ......................................... 5254 9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements ................................................................................................... 5255 10. Wildlife Mitigation Plan .................................................................................. 5356 11. Design Review Guidelines ............................................................................... 5456 12. Natural Resource Protection ............................................................................ 5457 13. Residential Fire Suppression Systems ............................................................. 5457 14. Park, Recreation and Trail Access ................................................................... 5557 EXHIBIT B to ORD. 26-02 Table of ContentsTABLE OF CONTENTS (continued) Page iii 2985509.14 15.AffordableCommunity Housing Plan .............................................................. 5558 16. Provision of Certain Amenities ........................................................................ 5760 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 ORD. 26-02 1650530.6 2985509.14 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 Section 7.16.060 Planned Unit Development (PUD) of the Development Code, adopted pursuant to C.R.S. §24-67- 104 and pursuant to the Avon’s Home Rule Authority, which implements the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S. EXHIBIT B to ORD. 26-02 1650530.6 2 2985509.14 (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, 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 Code. Without limiting the generality of the foregoing, the Landowners of the Property shall have EXHIBIT B to ORD. 26-02 1650530.6 3 2985509.14 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. (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). EXHIBIT B to ORD. 26-02 1650530.6 4 2985509.14 (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 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, EXHIBIT B to ORD. 26-02 1650530.6 5 2985509.14 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 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 EXHIBIT B to ORD. 26-02 1650530.6 6 2985509.14 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. 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 EXHIBIT B to ORD. 26-02 1650530.6 7 2985509.14 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. 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 EXHIBIT B to ORD. 26-02 1650530.6 8 2985509.14 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. 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. EXHIBIT B to ORD. 26-02 1650530.6 9 2985509.14 (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. (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 EXHIBIT B to ORD. 26-02 1650530.6 10 2985509.14 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 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 EXHIBIT B to ORD. 26-02 1650530.6 11 2985509.14 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 (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 EXHIBIT B to ORD. 26-02 1650530.6 12 2985509.14 (Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are defined in Exhibit HI of this PUD Guide. D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD.. 1.General.. (a) The following Development Standards shall govern development of the referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use Categories and all Uses within each Use Category, together with Accessory Uses, Primary Structures and Accessory Structures relating to such Uses. Within each individual Planning Area, such Uses are designated as Uses by Right, Special Review Uses or Prohibited Uses. A Use by Right within a particular Planning Area includes all Uses within the specified Use Category except to the extent specifically designated as a Special Review Use or a Prohibited Use. (b) Where particular Uses within a Use Category are listed as Uses by Right within a particular Planning Area and the Use Category also is listed as a Use by Right, such particularly listed Uses shall be construed as examples and clarifications of the Use Category and not as limitations on other Uses within the Use Category being developed as Uses by Right. Where particular Uses within a Use Category are listed as Uses by Right with a particular Planning Area but the Use Category is not listed as a Use by Right, then such particularly listed Uses shall be construed as Uses by Right that are exceptions to the Use Category and the remainder of Uses with the Use Category shall be interpreted to not be Use(s) by Right. (c) Temporary Uses may be permitted in The Village (at Avon) in accordance with the Development Code, even though such Uses otherwise may be within a Use Category that is not permitted within the applicable Planning Area. (d) Uses not identified as a Use by Right, Special Review Use, Temporary Use or Interim Use shall be a Prohibited Use unless determined by the Director that the proposed use is substantially similar to a Use by Right, Special Review Use, Temporary Use, or Interim Use. The listing of Prohibited Uses for each Planning Area is not exhaustive and shall not limit the interpretation of Uses by Right, Special Review Uses, Temporary Uses or Interim Uses stated in the preceding sentence. (e) In all Planning Areas, Architectural Projections may project ten (10) feet or less beyond the applicable Building Envelope with the prior written consent of the Design Review Board. Architectural Projections may project greater than ten (10) feet beyond the applicable Building Envelope with the prior written consent of the Design Review Board and the Town. (f) 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, including any required public EXHIBIT B to ORD. 26-02 1650530.6 13 2985509.14 hearings by Planning and Zoning Commission and Town Council, 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) (not subject to 15% license limitation set forth in Municipal Code Section 5.04.050(g)). (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 the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. EXHIBIT B to ORD. 26-02 1650530.6 14 2985509.14 (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. (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 ORD. 26-02 1650530.6 15 2985509.14 (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. (c)Prohibited Uses: (i) Animal Boarding (outdoor). (ii) Automobile Repair Shop (Major). (iii) Family Child Care Home. EXHIBIT B to ORD. 26-02 1650530.6 16 2985509.14 (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 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). EXHIBIT B to ORD. 26-02 1650530.6 17 2985509.14 (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 ORD. 26-02 1650530.6 18 2985509.14 (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. EXHIBIT B to ORD. 26-02 1650530.6 19 2985509.14 (ii) Short Term Rental(s) (subject to 15% license limitation set forth in Municipal Code Section 5.04.050(g)). (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. EXHIBIT B to ORD. 26-02 1650530.6 20 2985509.14 (2) Hotel, Motel and Lodge. (3) Bed and Breakfast. (xvii)Planning Area D Only: (1) Recycling Facility and accessory trash facility (as an Interim Use only). (xviii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (xix) Additional Uses which the Director determines to be similar to the foregoing Uses by Right. (b)Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section E below: (i)In Planning Area D having frontage on Main Street only: (1) Hotel, Motel and Lodge. (2) Bed and Breakfast. (3) Educational facilities, including but not limited to, public and private schools, universities, colleges and Child Care Centers. (4) Hospitals. (5) Heliport, only as an Accessory Use to a Hospital or other medical facility, including but not limited to a clinic. (6) Religious Facilities, museums, libraries and public buildings. (7) Outdoor entertainment facilities that include the use of amplified music (subject to the review and written approval of the Design Review Board authorizing such Use). (ii) Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (iii) Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. EXHIBIT B to ORD. 26-02 1650530.6 21 2985509.14 (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. EXHIBIT B to ORD. 26-02 1650530.6 22 2985509.14 (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 ORD. 26-02 1650530.6 23 2985509.14 (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 ORD. 26-02 1650530.6 24 2985509.14 (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 ORD. 26-02 1650530.6 25 2985509.14 (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 ORD. 26-02 1650530.6 26 2985509.14 (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 ORD. 26-02 1650530.6 27 2985509.14 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 ORD. 26-02 1650530.6 28 2985509.14 (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 ORD. 26-02 1650530.6 29 2985509.14 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) (subject to 15% license limitation set forth in Municipal Code Section 5.04.050(g)). (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 ORD. 26-02 1650530.6 30 2985509.14 (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 ORD. 26-02 1650530.6 31 2985509.14 (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 ORD. 26-02 1650530.6 32 2985509.14 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 ORD. 26-02 1650530.6 33 2985509.14 (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 ORD. 26-02 1650530.6 34 2985509.14 (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 ORD. 26-02 1650530.6 35 2985509.14 (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 ORD. 26-02 1650530.6 36 2985509.14 (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 ORD. 26-02 1650530.6 37 2985509.14 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 ORD. 26-02 1650530.6 38 2985509.14 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. EXHIBIT B to ORD. 26-02 1650530.6 39 2985509.14 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 ORD. 26-02 1650530.6 40 2985509.14 (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 ORD. 26-02 1650530.6 41 2985509.14 (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. EXHIBIT B to ORD. 26-02 1650530.6 42 2985509.14 (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. EXHIBIT B to ORD. 26-02 1650530.6 43 2985509.14 (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 64 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 EXHIBIT B to ORD. 26-02 1650530.6 44 2985509.14 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 EXHIBIT B to ORD. 26-02 1650530.6 45 2985509.14 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. EXHIBIT B to ORD. 26-02 1650530.6 46 2985509.14 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. EXHIBIT B to ORD. 26-02 1650530.6 47 2985509.14 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; EXHIBIT B to ORD. 26-02 1650530.6 48 2985509.14 (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: EXHIBIT B to ORD. 26-02 1650530.6 49 2985509.14 (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 EXHIBIT B to ORD. 26-02 1650530.6 50 2985509.14 (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 EXHIBIT B to ORD. 26-02 1650530.6 51 2985509.14 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 EXHIBIT B to ORD. 26-02 1650530.6 52 2985509.14 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 EXHIBIT B to ORD. 26-02 1650530.6 53 2985509.14 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. EXHIBIT B to ORD. 26-02 1650530.6 54 2985509.14 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 EXHIBIT B to ORD. 26-02 1650530.6 55 2985509.14 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. EXHIBIT B to ORD. 26-02 1650530.6 56 2985509.14 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 EXHIBIT B to ORD. 26-02 1650530.6 57 2985509.14 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. EXHIBIT B to ORD. 26-02 1650530.6 58 2985509.14 (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. EXHIBIT B to ORD. 26-02 1650530.6 59 2985509.14 (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: EXHIBIT B to ORD. 26-02 1650530.6 60 2985509.14 (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. EXHIBIT B to ORD. 26-02 1650530.6 61 2985509.14 (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 EXHIBIT B to ORD. 26-02 1650530.6 62 2985509.14 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). EXHIBIT B to ORD. 26-02 1650530.6 63 2985509.14 (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 EXHIBIT B to ORD. 26-02 1650530.6 64 2985509.14 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 EXHIBIT B to ORD. 26-02 1650530.6 65 2985509.14 (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 ORD. 26-02 Exhibit A- Page 1 1650530.6 2985509.14 EXHIBIT A EXHIBIT A Legal Description EXHIBIT B to ORD. 26-02 Exhibit A- Page 2 1650530.6 2985509.14 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 ORD. 26-02 Exhibit A- Page 3 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit A- Page 4 1650530.6 2985509.14 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 ORD. 26-02 Exhibit A- Page 5 1650530.6 2985509.14 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 ORD. 26-02 Exhibit A- Page 6 1650530.6 2985509.14 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. REVISED EAST PARCEL (Minus Tract M) EXHIBIT B to ORD. 26-02 Exhibit A- Page 7 1650530.6 2985509.14 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 ORD. 26-02 Exhibit A- Page 8 1650530.6 2985509.14 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 ORD. 26-02 Exhibit B- Page 1 1650530.6 2985509.14 EXHIBIT B EXHIBIT B PUD Master Plan[Follows This Page] EXHIBIT B to ORD. 26-02 Exhibit C- Page 1 1650530.6 2985509.14 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 ORD. 26-02 Exhibit C- Page 2 1650530.6 2985509.14 (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 ORD. 26-02 Exhibit C- Page 3 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit C- Page 4 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit C- Page 5 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit C- Page 6 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit C- Page 7 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit C- Page 8 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit C- Page 9 1650530.6 2985509.14 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 ORD. 26-02 Exhibit D- Page 1 1650530.6 2985509.14 EXHIBIT D EXHIBIT D Wildlife Mitigation Plan EXHIBIT B to ORD. 26-02 Exhibit D- Page 2 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 3 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 4 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 5 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 6 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 7 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 8 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit D- Page 9 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 1 1650530.6 2985509.14 EXHIBIT E EXHIBIT E Minimum Design Guideline Standards EXHIBIT B to ORD. 26-02 Exhibit E- Page 2 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 3 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 4 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 5 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 6 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 7 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 8 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 9 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 10 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 11 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 12 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 13 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 14 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 15 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 16 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 17 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit E- Page 18 1650530.6 2985509.14 EXHIBIT B to ORD. 26-02 Exhibit F- Page 1 1650530.6 2985509.14 EXHIBIT F EXHIBIT F Street StandardsStreet Design and Improvement Standards. Development within The Village (at Avon) shall comply with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by the standards set forth in this Exhibit F. 1. Street Descriptions and Types. (a)(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 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 EXHIBIT B to ORD. 26-02 Exhibit F- Page 2 1650530.6 2985509.14 improvements (i.e., sidewalks, landscape buffers, bike lanes, etc.). The R.O.W. as designed and constructed may vary from such illustrations relating to, among other factors, the location of such segment and the character of the development adjacent thereto. By way of example but not limitation, sidewalks on both sides of the travel lanes may not be necessary in certain locations, on-street parking may not be desirable in certain locations and center turn lanes may or may not be necessary in certain locations. (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. as generally depicted on the conceptual illustration attached as a part of this Exhibit F EXHIBIT B to ORD. 26-02 Exhibit F- Page 3 1650530.6 2985509.14 (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 (i) Post Boulevard (constructed): 35 MPH EXHIBIT B to ORD. 26-02 Exhibit F- Page 4 1650530.6 2985509.14 (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 (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 EXHIBIT B to ORD. 26-02 Exhibit F- Page 5 1650530.6 2985509.14 450 Dwelling Units. The portion of any such cul-de-sac serving 250 or more Dwelling Units shall be constructed to Rural Collector Road, and the portion of such cul-de-saccul-de-sac serving less than 250 Dwelling Units shall be constructed to Rural Local Road. (ii)Cul-de-sacsCul-de-sacs located north of Interstate 70 may exceed 1,000 feet in length and service not more than 280 Dwelling Units; provided, however, the portion of any such cul-de-saccul-de-sac that is in excess of 1,000 feet shall not serve Commercial Uses except those Commercial Uses specifically included in Sections D.8(a), D.8(b), D.9(a) or D.9(b) 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. 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 EXHIBIT B to ORD. 26-02 Exhibit F- Page 6 1650530.6 2985509.14 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. EXHIBIT B to ORD. 26-02 EX H I B I T B t o O R D . 2 6 - 0 2 EX H I B I T B t o O R D . 2 6 - 0 2 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 10 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 11 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 13 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 14 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 15 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 16 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 17 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 18 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 19 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 20 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 21 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 22 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 23 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 24 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 25 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 26 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Ex h i b i t F - Pa g e 27 16 5 0 5 3 0 . 6 29 8 5 5 0 9 . 1 4 EX H I B I T B t o O R D . 2 6 - 0 2 Exhibit G- Page 1 1650530.6 2985509.14 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 EXHIBIT B to ORD. 26-02 Exhibit G- Page 2 1650530.6 2985509.14 (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. EXHIBIT B to ORD. 26-02 Exhibit H Page 1 2985509.14 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 ORD. 26-02 Exhibit H Page 2 2985509.14 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 ORD. 26-02 Exhibit H Page 3 2985509.14 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 ORD. 26-02 Exhibit H Page 4 2985509.14 (12)That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code. (13)Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; (14)Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; (15)The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; (16)If applicable, the declarations and owners’ association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and (17)As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. (f)Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application: (1)The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (i)The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size; (ii)The lots and parcels have descriptions that both close and contain the area indicated; and (iii)The plat is correct in accordance with surveying and platting standards of the State. EXHIBIT B to ORD. 26-02 Exhibit H Page 5 2985509.14 (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 ORD. 26-02 H- Exhibit I Page 1 1650530.6 2985509.14 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, Traer Creek Holdings No. 1 LLC, Traer Creek Holdings No. 2 LLC, TC-MAV LLC, Traer Creek-RP LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer Creek-HD LLC and Traer Creek-WMT LLC. Agricultural Use means those agricultural activities commonly pursued in Eagle County including but not limited to the planting, cultivation and harvesting of crops, trees, grasses and similar crops used for production of hay and other animal feedstock, and the grazing of livestock; provided, however, that Animal Boarding, cultivation in connection with operation of a Medical Marijuana Business and large contained animal feeding operations (feed lots) and/or slaughter houses shall not be construed as an Agricultural Use. Amended and Restated PUD Guide means the version of this PUD Guide approved by the Town on November 7, 2012, as amended by administrative amendment dated January 9, 2014, and recorded in the real property records of Eagle County, Colorado, on August 1, 2014 at Reception No. 201412778. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 2 1650530.6 2985509.14 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 3 1650530.6 2985509.14 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: EXHIBIT B to ORD. 26-02 H- Exhibit I Page 4 1650530.6 2985509.14 (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: EXHIBIT B to ORD. 26-02 H- Exhibit I Page 5 1650530.6 2985509.14 (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; EXHIBIT B to ORD. 26-02 H- Exhibit I Page 6 1650530.6 2985509.14 (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; EXHIBIT B to ORD. 26-02 H- Exhibit I Page 7 1650530.6 2985509.14 (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; EXHIBIT B to ORD. 26-02 H- Exhibit I Page 8 1650530.6 2985509.14 (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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 9 1650530.6 2985509.14 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 EXHIBIT B to ORD. 26-02 H- Exhibit I Page 10 1650530.6 2985509.14 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 11 1650530.6 2985509.14 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 or requires customers, delivery persons, employees or any person to enter the property on or within EXHIBIT B to ORD. 26-02 H- Exhibit I Page 12 1650530.6 2985509.14 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 EXHIBIT B to ORD. 26-02 H- Exhibit I Page 13 1650530.6 2985509.14 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 applicable) in accordance with Section I.1 of this PUD Guide; provided, however, that Agricultural Uses as an Interim Use shall be construed to be a Use by Right within all Planning Areas without the requirement of written approval from the Design Review Board. Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as a business. Landowner means the owner(s) of fee simple title to a Block, Lot, Tract or other parcel of real property as reflected in the official records of the Eagle County Tax Assessor. Notwithstanding any additional or conflicting provision of the Municipal Code, the definition of “Landowner” shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest, whether possessory or otherwise, other than fee simple ownership as reflected in the official records of the Eagle County Tax Assessors office. Landscaped Area means that portion of a Site with any combination of living plants, such as trees, shrubs, vines, groundcover, flowers, or lawns; natural features and nonliving groundcover such as rock, stone and bark; structural features, such as fountains, reflecting pools, art works, screen 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 14 1650530.6 2985509.14 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 EXHIBIT B to ORD. 26-02 H- Exhibit I Page 15 1650530.6 2985509.14 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 16 1650530.6 2985509.14 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 17 1650530.6 2985509.14 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; storm drainage systems or facilities; fire, police and emergency services systems or facilities; electric, gas, telecommunications utilities or facilities; and other publicly owned buildings or facilities. Public Parking means a surface parking lot or Parking Structure that is available for parking by the general public and which is owned by the Town, a quasi-governmental entity (specifically including Traer Creek Metropolitan District and Village Metropolitan District and any other quasi- governmental entity or urban renewal authority approved by the Town after the Effective Date and having all or any part of its boundaries or service area located within The Village (at Avon)). EXHIBIT B to ORD. 26-02 H- Exhibit I Page 18 1650530.6 2985509.14 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 EXHIBIT B to ORD. 26-02 H- Exhibit I Page 19 1650530.6 2985509.14 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. The 15% limitation on Short Term Rental licenses set forth in Municipal Code Section 5.04.050(g) shall apply to properties within Planning Areas C, D, and J, and shall not apply to properties within Planning Area A. 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 20 1650530.6 2985509.14 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 EXHIBIT B to ORD. 26-02 H- Exhibit I Page 21 1650530.6 2985509.14 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. EXHIBIT B to ORD. 26-02 H- Exhibit I Page 22 1650530.6 2985509.14 (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. EXHIBIT B to ORD. 26-02 I-1 EXHIBIT I Section 7.16.070 of Development Code 7.16.07 Subdivisions. The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan. (a)Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums, apartments or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that: (1)Is created by a lien, mortgage, deed of trust or any other security instrument; (2)Is created by any interest in an investment entity; (3)Creates cemetery lots; (4)Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property; (5)Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common of such interest. For the purpose of this Paragraph, any interest in common owned in joint tenancy shall be considered a single interest; (6)Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate; (b)Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure: (1)Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements. (2)Minor Subdivision. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominiums and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions. EXHIBIT B to ORD. 26-02 I-2 (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; EXHIBIT B to ORD. 26-02 I-3 (3)The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; (4)The land shall be physically suitable for the proposed development or subdivision; (5)The proposed subdivision shall be compatible with surrounding land uses; (6)There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; (7)The proposed utility and road extensions are consistent with the utility’s service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; (8)The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; (9)The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding areas; (10)A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; (11)Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a “conditional capacity to serve” letter for the proposed subdivision; (12)That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code. (13)Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; (14)Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; (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 ORD. 26-02 I-4 (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) EXHIBIT B to ORD. 26-02 I-5 EXHIBIT B to ORD. 26-02 Summary report: Litera Compare Cloud 11.15.0.57 Document comparison done on 4/9/2026 9:29:04 PM Style name: Default Style Intelligent Table Comparison: Active Original filename: Second Amended and Restated PUD Guide (PA F Amendments).docx Modified filename: Third Amended and Restated PUD Guide.docx Changes: Add 928 Delete 789 Move From 77 Move To 77 Table Insert 1 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 30 Embedded Excel 0 Format changes 0 Total Changes: 1902 EXHIBIT B to ORD. 26-02 4199881.10 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. 26-02, 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 ORD. 26-02 2 4199881.10 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 conditions precedent stated in Section 1.4(a)(ii)(A) are satisfied. (A)On or before the earlier to occur of (I) October 20, 2039; or (II)subject to satisfaction of the prerequisites stated in Section 1.4(a)(ii)(B), the one hundred eightieth (180th) day (or such later date as may be specified in the notice) EXHIBIT C to ORD. 26-02 3 4199881.10 after the date on which the Town delivers to Master Landowner written notice pursuant to Section 1.4(a)(ii)(B) requesting that Master Landowner (or District or designee) fund its proportionate share of the total estimated costs: i) 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 (or District’s or designee’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 northwestern corner pressure zone with potable water, and ii) in a location, alignment and form mutually agreed upon by the Town and the then-landowner(s) of property adjacent to East Avon Preserve (as of the Effective Date, Traer Creek Holdings No. 2 and/or Traer Creek-RP LLC), such landowner has, or landowners have, granted to the Town legal access from a public road to East Avon Preserve by a recordable instrument (i.e., plat, easement agreement(s), or deed(s)) executed and delivered to the Town . (B) On or after October 20, 2036, the Town may deliver to Master Landowner 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)(A)(i); provided, however, that the Town certifies in such Notice that it has satisfied each of the following conditions precedent: i) 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; ii) the Town has obtained final, non-appealable approval of a development plan and is prepared to proceed with construction, of Community Housing Units in East Avon Preserve; and iii) 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)(C)), 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. EXHIBIT C to ORD. 26-02 4 4199881.10 (C) Master Landowner ’s (or District or designee) and the Town’s respective proportionate shares of the total estimated costs described in Sections 1.4(a)(ii)(A)(i) and 1.4(a)(ii)(B)(iii) 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. (D) 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 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)(ii)); 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)(ii)), 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: EXHIBIT C to ORD. 26-02 5 4199881.10 (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)(ii)), 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. 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)(ii) 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 accordance with the terms, conditions, requirements and restrictions set forth in the PUD Guide and this Section 3.7(e). Within sixty (60) days of 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 EXHIBIT C to ORD. 26-02 6 4199881.10 to this Development Agreement. Such special warranty deed shall contain the use restriction contemplated by this Section 3.7(e)(i). (ii) Planning Area CH-2. Master Landowner previously caused conveyance of Lot 5, Final Plat, The Village (at Avon) Filing 1 to the Town, being an approximately 4.03-acre Site which previously comprised Planning Area PF-1 and was Dedicated to and granted Final Acceptance by the Town in satisfaction of the Public Works Dedication (as defined in the Original Agreement) obligation pursuant to Section 4.3 of the Original Agreement. The designation of Lot 5 as Planning Area CH-2 and the Town’s use thereof for development of Community Housing Units to be owned, operated and managed by the Town shall not be construed as negating full satisfaction of the Public Works Dedication obligation described in Section 4.3 of the Original Agreement nor shall it be construed as requiring any further land Dedications in satisfaction of the Public Works Dedication obligation. Said Lot 5 shall be subject to the restriction that it be used for the Town’s intended development of Community Housing Units 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: townmanager@avon.org EXHIBIT C to ORD. 26-02 7 4199881.10 With a required copy to: Town of Avon 100 Mikaela Way Avon, Colorado 81620 Attention: Town Attorney Telephone: (303) 376-8512 Email: townattorney@avon.org 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 ORD. 26-02 8 4199881.10 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 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 ORD. 26-02 9 4199881.10 To the Limited Parties: Avon Urban Renewal Authority 100 Mikaela Way Avon, Colorado 81620 Attention: Town Manager Telephone: (970) 748-4004 Email: townmanager@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: townattorney@avon.org 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 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 EXHIBIT C to ORD. 26-02 10 4199881.10 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. 52. Effective Date means August 1, 2014. 54. Execution Date means October 22, 2013. EXHIBIT C to ORD. 26-02 11 4199881.10 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, individually or collectively as the context dictates, 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. 51.1. East Avon Preserve means the property labeled on the PUD Master Plan and generally described as Lot 1, Section: 8, Township: 5, Range: 81, Parcel No. 2103-083-00-007. 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 ORD. 26-02 12 4199881.10 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 ORD. 26-02 13 Town Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.10 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 ORD. 26-02 14 TCMD Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.10 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 ORD. 26-02 15 Master Landowner Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.10 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 ORD. 26-02 16 Master Landowner Signature Page to First Amendment to Consolidated, Amended and Restated Annexation and Development Agreement 4199881.10 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 ORD. 26-02 Exhibit A Page 1 4199881.10 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 ORD. 26-02 Exhibit A Page 2 4199881.10 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 ORD. 26-02 Exhibit A Page 3 4199881.10 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 ORD. 26-02 Exhibit A Page 4 4199881.10 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 ORD. 26-02 unwise and potentially futile, for the Town to spend money on obtaining a final, non-appealable approval of the site plan for the East Avon Preserve Housing and secure funding for it, before Traer Creek has to provide any funding of the water tank to extend its vesting. Extending the vesting for the mountain parcels is a huge benefit to the Village at Avon. The Town shouldn t have to meet any conditions in order to withhold this extra vesting. It will only give Traer Creek more reasons to raise disputes with the Town in the future. ATTACHMENT D ATTACHMENT D From: To:Matt Pielsticker Subject:Public Hearing Notice Sent to adjacent property owners Date:Tuesday, November 4, 2025 11:50:33 AM Dear Matt, As yours is the only email on the letter please accept and share my "2 cents" regarding the November 10th hearing. I would request that the planning and zoning or town council, whomever is in charge of the varience, require that 3 evergreen trees and 2 fast growing cotton less cottonwood trees, be planted and maintained for each unit in the complex that would require height increases or setback changes, with a minimum of (15) 8' minimum height trees planted along the back boundary of the properties. This should be a requirement for each parcel. Thank you for your consideration, Robert Bank 5147 Eaglebend Drive ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D Nov. 10, 2025 Dear Planning andZoning Commission, In 2014, I was one of many citizens who participated in supporting the Town during the contentious former Amendment of the Traer Creek PUD. At the time, the Town and Traer Creek were embroiled in a law suit created when Traer Creek had stopped paying the Town the required tax monies per the initial agreements with the Town. Citizens sat through hours and hours and hours of public hearings, P & Z meetings, Town Council meetings, land use discussions, oratory from Traer Creeks attorney, bond sessions, BHP bank analysis, etc. These meetings lasted over many months. During that time certain land use density and height decisions were agreed upon between the the Town Council and Traer Creek and the citizens. S living on the 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 residents of Eaglebend Drive. The land use and density on Parcel D was intentionally designed to provide a transition from detached homes to Traer Creek. It was designed to provide a variation in housing denisty and type as required by the review criteria. Please restore the agreed upon density, height and parcel boundaries. Please deny the Amended PUD. The amended PUD fails to comply with the following REVIEW CRITERIA. Criteria 1. Increased choice of living and housing\environments. Please Deny The PUD Amendments do exactly the opposite. By increasing the building heights to 60’ and density on Parcel D from 18 per acre to 40 per acre, the PUD eliminates a less dense option for housing that could provide housing such as town homes or condos similar to Stone Bridge or Canyon Run for permanent residents. Not everyone wants to live in a 5-10 story apartment building. Criteria 4 . Who knows if it complies? Facilities and services (including roads, and transportataion water , gas, electric, police, as applicable) will be available to serve ATTACHMENT D 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 handle the additional resident vehicles morning and afternoon? Where are the ameded studies? 6. Does not comply. Please Deny. Compared to the underlying zoning, the PUD rezoning is the vicinity of the subjec tract. The Eaglebend Drive : loss of views, light pollution, noise, and tall buildings looking into their homes and yards. 7. Does not comply. Please Deny. Future uses on the subject tract will be compatible in scale with uses or potential uses on other properties in the vicinity of the subject tract. The homes on Eaglebend Drive backing to the PUD Parcel D are approximately 30’ high and are detached homes. 60’ buidings sitting on higher ground with 40 per acre are not compatible. I have reviewed the Traer Creek PUD ammendments and CARDA to the extent possible over the past several days. The 284 page packet is a bit more than any normal citizen can synthyize in a few days time even though I spent several hours a day over four days reading and cross referencing . I am assuming (hoping) you all had a similar experience. I request that tonight’s Public Hearing be continued and there be a second opportunity for input and nd citizens have a chance to speak and you have a chance to ask questions. There is so much here to understand and 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 Eaglebend Drive Avon, CO 81620 ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D 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; to look out for the best interests of their families and our community Everyone, even those impacts all of our everyday lives, our safety, and what our Town will executive sessions and lawsuits, procedures for the develop , a many other residents, possibly hundreds of you to all the PUD which will result in For what? Because the Town To date each time Let me Creek on the v to provide condominiums such as Canyon Run, Stoneb the -family Those parcel s were intended to provide a transition to T valley Proposed b --7) density control willlikely result - Any projects like Greenbriar or Canyon Run or where people permanently live and own their own little piece of property are Furthermore, parts of Parcel C sit at a ATTACHMENT D Please retain the existing height and density restrictions on Parcels D and height restrictions on Parcel C. land may be People live behind 1 the town do this to its own ; o the view of the sky and the hills matters Some p t is the Town 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. 60: (iv) Facilities’ and services including (roads and transportation , water, gas, police, fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Please Deny No information regarding how many people this will add to the valley floor; or how many additional police are going to be needed to serve the Town seems to be available. What additional budget is needed to serve the increased density? What kind of stress will this put on the recreation center? While the developer claims this is a simple shift of density, can we assume he will come back for more from the places from which this density was shifted? (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Please Deny. In spite of the staff consistently stating that the increased heights and density is too far away to impact existing residents, there are already significant impacts from the Piedmont Apartments. The new density will be closer and greater than the existing apartments. The increased height and density will definitely have an impact on the homes on Eaglebend Drive. P & Z was unable to find this criterion was met and removed it from their findings. The proposed changes in height and density on Parcel D are not compatible in scale with the homes ATTACHMENT D along Eaglebend Drive. The existing zoning is compatible. Furthermore, statements that because the uses are residential, they are compatible is concerning. I do not believe Parcel D is limited to residential uses. The current height and density somewhat ensure thatit will be at least partly residential. density Tom Boyd was quoted in the Vail Dialy “The principles of placemaking and … building great communities, that we all want to live in … should be a core aspect of this,” said Eagle County commissioner Tom Boyd. “We aren’t trying to just build units. We are trying to build homes where people will enjoy living, where they will meet their neighbors, where they will meet their future spouses, where they will play with their dogs and where they will enjoy this great community,” Boyd said. Very wise words indeed. Will the PUD changes facilitate this? I think not. Over the past few years much focus has been placed on people who might come here someday. It is time to bring the focus back to people who make up the Town already. To that end let’s improve their home values and lifestyle, not detract from what is already great. Where in this PUD are any recreational facilities? What about a gym where kids can take gymnastics or the Town can have a basketball league. How about a Jump Street or climbing wall? More restaurants? The request for extension for the building rights on the hillside is premature and can be accomplished any time up to six months from its termination. Let’s see what evolves from the current building rights. Respectfully, Bette Todd Eaglebend Drive Avon ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D From: To:Council Everyone Group; Matt Pielsticker Subject:k. Walsh/ public comment march 24, 2026 item 6.3 Date:Tuesday, March 24, 2026 5:19:15 PM To: Avon Town Council Members From: Kathleen A. Walsh 4755 Eaglebend Drive; Avon, CO RE: Ordinance 26-02 This is a chance to shape community and define what we want to be. CHI should be left for school and or open play space. It is not all about increasing density. There are so many other places areas you could have employee housing that would not hinder one of the very few valley floor communities such as Eaglebend drive. Please keep resident and create a community and stop creating just an employee bed base. Why are you allowing the decreasing commercial and pushing all the density onto valley floor. This is a chance to correct and put a hold on issues this developer created. And all the withholding of monies to Avon. The town of Avon had been substantially impacted by increased cost for fire, law enforcement, buses services. Water is something this developer is aware of and has had a history of issues with other areas. If they had followed previous timelines, then they would have been ahead of these issues. It was and always should be the developers to create and pay for infrastructure and not the town of Avon. Please hold them to the plans they have before giving any future concessions. It saddens me that a few of our elected members feel we must concede. Please, please remember you represent our community and the residents of the Town of Avon. And not the developer. The only support that has spoken in favor of this are other developers and not Avon residents. Please deny this application! Kathleen Walsh ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: PUBLIC HEARING: ORD 25-18 (Private Parking Regulations) DATE: April 7, 2026 SUMMARY: Council considered second reading of Ordinance 25‑18, Parking Regulations on Private Property, at its February 10, 2026, Regular Meeting. At that meeting, Council directed Staff to explore alternative approaches to parking management that better responded to concerns and complaints regarding the parking management program then in effect. Staff met with representatives of Hoffman Commercial to discuss alternative parking management approaches. Council was provided with an update at the March 24, 2026 meeting that Hoffman Commercial was discontinuing hourly parking rates from April 1 through November 30 and was reducing the parking violation fee to $30. Staff proposed discontinuing hourly parking rates on Town streets. Council took action to approve the change to the Town’s parking management plan and then took action to continue second reading of Ordinance 25-18 to April 14, 2026. No further work has occurred regarding the details and proposed code language for Ordinance 25-18. OPTIONS: Council has the option to continue the public hearing and second reading of Ordinance 25-18 to a later day in May or June or can “table” Ordinance 25-18, in which case it would be effectively ‘dead’ and any future consideration of private parking regulations would need to be introduced as a new ordinance. RECOMMENDATION: I recommend tabling Ordinance 25-18 and allow the new approach to parking management for both Hoffman Commercial and the Town of Avon to be implemented this summer, and then determine if there is any interest in considering private parking regulations. PROPOSED ALTERNATE MOTIONS: “I move to continue the second reading of Ordinance 25-18 Enacting Private Parking Lot Regulations to a _____________________.” Or “I move to table second reading of Ordinance 25-18 Enacting Private Parking Lot Regulations.” 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 23, 2026 Public Meeting Begins at 5:30 PM TEAMS LINK: https://teams.microsoft.com/meet/27883999051491?p=ZjkwWYqZJ2lcHQPGEA To join meeting via phone, dial (945) 468-5504 and enter conference ID: 857 309 647# 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, and Nancy Tashman were present. Commissioner Nicole Murad was present online. Commissioner Brad Christianson was absent. Also present were Director of Community Development Matt Pielsticker, Planning Manager Jena Skinner, Town Attorney Betsy Stewart, 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. Public Hearing 5.1. CTA26-002 Wildfire Code Updates (Cont’d from March 9)– Jena Skinner, Planning Manager ACTION: Commissioner Sudekum made a motion to recommend approval of the application as presented. Commissioner Hansen seconded the motion, and the motion passed unanimously 6-0. 6. Consent Agenda 6.1. March 9, 2026 Planning and Zoning Commission Meeting Minutes ACTION: Commissioner Hansen made a motion to approve the consent agenda. Commissioner Sudekum seconded the motion, and the motion passed unanimously 6-0. 7. Future Meetings 7.1. April 13, 2026 7.2. April 27, 2026 8. Administratively Approved Applications 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. 8.1. MNR26-006 4550 Flat Point Window/Door Replacement 9. Staff Updates 10. Adjourn The meeting was adjourned at 6:33 PM. APPROVED: CHAIRPERSON 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – January 2026 & February 2026 data DATE: March 24th, 2026 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for January 2026 and the recreation fees, real estate transfer tax, and use tax for Community Housing revenues for February 2026. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for January and February 2026 revenues. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. GENERAL FUND REVENUE SUMMARY: Tax Revenue Comparison – 2025 v 2026: All taxes except the Tobacco Tax and Rec Admissions are lower for 2026 compared to 2025. Below is a table which reflects the dollar change and percentage variance. Total revenue for 2026 is reflecting an unfavorable variance to 2025. 2025 v 2026 YTD REVENUE COMPARISON 2025 2026 Dollar Variance Percentage Variance Sales Tax $1,221,134.38 $1,143,686.00 ($77,448.38) (6.34%) Acc. Tax $331,808.93 $256,632.27 ($75,176.66) (22.66%) Tobacco Tax $29,026.34 $33,428.18 $4,401.84 15.16% Cigarette Tax $17,430.00 $16,026.00 ($1,404.00) (8.06%) Rec Admissions $233,864.75 $247,364.57 $13,499.82 5.77% Rec Program Fees $63,648.00 $58,680.47 ($4,967.53) (7.80%) TOTAL $1,896,912.40 $1,755,817.49 ($141,094.91) (7.44%) Page 2 of 11 Adopted Budget 2026 v Actual 2026: All taxes except reflect an unfavorable variance over the 2026 budget. Rec Center Admissions revenue is favorable compared to the 2026 budget. Total revenue for 2026 is reflecting an unfavorable variance to the 2026 budget. Below is a table which reflects the dollar change and percentage variance. COMMUNITY HOUSING REVENUE SUMMARY: 2026 REVENUE COMPARISON – BUDGET V ACTUAL Budget Actual Dollar Variance Percentage Variance Sales Tax $1,283,894.84 $1,143,686.00 ($140,208.84) (10.92%) Acc. Tax $348,925.51 $256,632.27 ($92,293.24) (26.45%) Tobacco Tax $34,606.91 $33,428.18 ($1,178.73) (3.41%) Cigarette Tax $19,275.41 $16,026.00 ($3,249.41) (16.86%) Rec Admissions $215,697.06 $247,364.57 $31,667.51 14.68% Rec Program Fees $60,010.78 $58,680.47 ($1,330.31) (2.22%) TOTAL $1,962,410.51 $1,755,817.49 ($206,593.02) (10.53%) 2025 v 2026 YTD REVENUE COMPARISON 2025 2026 Dollar Variance Percentage Variance STR Tax for CH $154,357.34 $128,173.68 ($26,183.66) (16.96%) Use Tax for CH $23,500.00 $6,499.70 ($17,000.30) (72.34%) TOTAL $177,857.34 $134,673.38 ($43,183.96) (24.28%) 2026 REVENUE COMPARISON – BUDGET V ACTUAL Budget 2026 Dollar Variance Percentage Variance STR Tax for CH $143,074.97 $128,173.68 ($14,901.29) (10.42%) Use Tax for CH $66,666.67 $6,499.70 ($60,166.97) (90.25%) TOTAL $209,741.64 $134,673.38 ($75,068.26) (35.79%) Page 3 of 11 REVENUE ANALYSIS: Sales Tax: Revenues – January 2026: January sales tax revenues totaled $1,143,686. This is a decrease of $77,448 or 6.34% compared to January 2025 sales tax revenue of $1,221,134. JANUARY 2024 v JANUARY 2026 SALES TAX COMPARISON BY INDUSTRY January 2025 January 2026 Increase/Decrease Home/Garden $81,612.87 $62,156.15 ($19,456.72) Grocery/Specialty/Health $222,543.70 $220,647.09 ($1,896.61) Sporting Goods Retail/Rental $168,549.29 $165,710.13 ($2,839.16) Miscellaneous Retail $25,656.32 $29,450.39 $3,794.07 Accommodations $317,825.88 $262,742.79 ($55,083.09) Restaurants/Bars $207,673.21 $182,910.78 ($24,762.43) Other $11,069.14 $8,908.68 ($2,160.46) Service Related $21,542.67 $23,569.88 $2,027.21 Liquor Stores $33,390.02 $29,251.30 ($4,138.72) E-Commerce Retail $82,781.39 $94,093.91 $11,312.52 Manufacturing/Wholesale $10,771.66 $16,449.63 $5,677.97 Construction Related Services $30,137.38 $39,817.18 $9,679.80 Digital Media Suppliers/Sellers $6,699.65 $7,338.78 $639.13 Commercial/Industrial Equipment $881.20 $639.31 ($241.89) Special Events $0.00 $0.00 $0.00 TOTAL $1,221,134.38 $1,143,686.00 ($77,448.38) Sales Tax: January 2026 Budget v Actual Collections: January 2026 sales tax revenues totaled $1,1143,686 This is a decrease of $140,208 over the January 2026 estimate of $1,283,894. This is 10.92% below the adopted 2026 budget (based on a 3-year average). JANUARY 2026 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2026 Budget 2026 Actual Dollar Variance Percentage Variance January $1,283,894.84 $1,143,686.00 ($140,208.84) (10.92%) Page 4 of 11 Accommodation Tax: Revenues –January 2026: Accommodation tax revenues totaled $256,632 for the month of January. This is a decrease of $75,176 or 22.66% compared to January 2025 accommodation tax revenues, which totaled $331,808. Accommodation tax collections by industry type for January 2026 compared to January 2025 reported a decrease for Hotel, Vacation Rentals, and Time Share. JANUARY 2025 v JANUARY 2026 ACCOMMODATION TAX COMPARISON BY INDUSTRY January 2025 January 2026 Increase/(Decrease) Timeshares $45,851.72 $29,858.96 ($15,992.76) Hotels $127,693.32 $102,610.30 ($25,083.02) Vacation Rentals $158,263.89 $124,163.01 ($34,100.88) TOTAL $323,583.80 $294,461.48 ($75,176.66) 1,171,213.65 1,286,822.82 1,277,672.04 1,221,134.38 $1,143,686.00 9.87% -0.71% -4.43%-6.34% $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2022 2023 2024 2025 2026 2022-2026 January Sales Tax Revenue Trend Page 5 of 11 January 2026 Budget v Actual Collections: January 2026 accommodation tax revenues totaled $256,632. This is a decrease of $92,293 compared to the January 2026 estimates of $348,925. This is 26.45% below the adopted 2026 budget (based on a 3-year average). JANUARY 2026 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2026 Budget 2026 Actual Dollar Variance Percentage Variance January $348,925.51 $256,632.27 ($92,293.24) (26.45%) Short Term Rental Tax for CH: Revenues – January 2026: STR Tax for Community Housing totaled $128,173.68 for the month of January. This is a decrease of $26,183 or 16.96% compared to January 2025. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. JANUARY 2025 v JANUARY 2026 STR TAX FOR CH COMPARISON BY INDUSTRY January 2025 January 2026 Increase/(Decrease) Timeshares $22,925.86 $14,929.47 ($7,916.23) Hotels $54,496.42 $51,305.15 ($3,191.27) Vacation Rentals $76,935.06 $61,939.06 ($14,996.00) TOTAL $154,357.34 $128,1732.68 ($26,183.66) 322,277 348,396 283,260 331,809 256,632 8.10% -18.70% 17.14% -22.66% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2022 2023 2024 2025 2026 2022-2026 January Accommodation Tax Revenue Trend Page 6 of 11 Nicotine & Cigarette Tax: Revenues – January 2026: Nicotine tax revenues totaled $33,428 and cigarette tax revenues totaled $16,026 for January 2026. Compared to January 2025 revenues, this is an increase of $4,401 for nicotine tax revenues, which totaled $29,026 and a decrease of $1,404 for cigarette tax revenues, which totaled $20,187. Vapes and all other miscellaneous tobacco and nicotine products are included in the nicotine tax and are subject to the 40% tax rate. 31,099 33,192 35,463 29,026 33,428 6.73%6.84% -18.15% 15.16% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 2021 2022 2023 2024 2025 2022-2026 January Nicotine Tax Revenue Trend 18,039 20,222 20,187 17,430 16,026 12.10% -0.17% -13.66%-8.06% - 5,000 10,000 15,000 20,000 25,000 2021 2022 2023 2024 2025 2022-2026 January Cigarette Excise Tax Revenue Trend Page 7 of 11 January 2026 Adopted Budget v Actual Collections: January 2026 nicotine and cigarette tax revenues totaled $33,428 and $16,026, respectively. This is a increase of $4,401 over the January 2026 budget for nicotine tax, which is $34,606 and a decrease of $1,404 over the January 2026 budget for cigarette tax estimates, which is $19,275 which is based on a 3-year average. JANUARY 2026 BUDGET v ACTUAL COLLECTIONS – NICOTINE AND CIGARETTE TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Nicotine $34,606.91 $33,428.18 ($1,178.73) (3.41%) Cigarettes $19,275.41 $16,026.00 ($3,249.41) (16.86%) Total ($4,428.14) Use Tax for Community Housing: Revenues – February 2026: The use tax for community housing collected in the month of February 2026 was $12,499.Compared to February 2026 estimate of $33,333, this is decrease of $20,833. FEBRUARY 2026 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Use Tax for CH $33,333.33 $12,499.70 ($20,833.63) (62.50%) Page 8 of 11 Real Estate Transfer Tax: Revenues – February 2026: February 2026 real estate transfer tax totaled $428,146.38. Compared to February 2026, which totaled $265,308, this is an increase of $162,838. This is a decrease of $105,781 over the February 2026 budget which was based on a 3-year average. 2026 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $533,928.04 $428,146.38 ($105,781.66) (19.81%) Real Estate Transfer Tax: Revenues 2026: 2026 real estate transfer tax totals 554,036. Compared to 2025, which total $481,371, this is an increase of $72,665. This is a decrease of $172,373 compared to the 2026 budget which was based on a 3-year average. 2026 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $726,409.88 $554,036.18 ($172,373.70) (23.73%) 2025 Actual 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $481,371.00 $554,036.18 $72,665.18 15.10% $887,387 $496,871 $1,245,668 $265,308 $428,146 -44.01% 150.70% -78.70% 61.38% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2022 2023 2024 2025 2026 Real Estate Transfer Tax February Revenue Trends Page 9 of 11 Recreation Center Fees: Revenues – February 2026 Admissions & Program Fees: Recreation admission revenues for February 2026 totaled $113,457 is a decrease of $250 compared to February 2025 which totaled $113,707. This is $9,201 above the adopted 2026 budget estimates of $104,256. Recreation program fee revenues for February 2026 totaled $22,609. This is a decrease of $6,237 compared to 2025, which totaled $28,846. This is $1,757 above the adopted 2026 budget estimates of $32,333, which is calculated based on a 3-year average. 75,174 96,975 111,380 113,708 113,458 29.00% 14.86% 2.09%-0.22% - 20,000 40,000 60,000 80,000 100,000 120,000 2022 2023 2024 2025 2026 Recreation Admissions February Revenue Trends $16,643 $25,161 $28,983 $28,846 $22,609 51.18% 15.19% -0.47% -21.62% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 2022 2023 2024 2025 2026 Recreation Program Fees February Revenue Trends Page 10 of 11 New and Renewed Business and STR Licenses – 2025 v 2026: The total number of 2026 business licenses issued thru February was 186. This was up 15 licenses or 8.8% for the year to date. The total number of STR licenses issued through February was 98. Compared to 2025 the STR licenses were up 35 licenses or 55.6% for the year. - 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -2/28 2024 2025 2026 2025 v 2026 – BUSINESS AND STR LICENSES – YEAR TO DATE 2025 2026 License Variance Percentage Variance Business License - Vendor 130 138 8 6.2% Business License – Fixed Location 32 37 5 15.6% Business License – Home Occupation 9 11 2 22.2% Business License – Special Event 0 0 0 0.0% TOTAL BUSINESS LICENSES 171 186 15 8.8% STR License 63 98 35 55.6% Page 11 of 11 EXPENDITURES: February 2026 General Fund YTD Actuals v 2026 Budget: General Fund expenditures through February 2026 total $4,244,636 which is 15.77% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2026 Budget: Mobility Fund expenditures through February 2026 total $411,016 which is 14.04% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, and utilities. Fleet Maintenance YTD Actuals v 2026 Budget: Fleet Maintenance expenditures through February 2026 total $296,848 which is 12.13% of the total adopted budget. These expenditures include wages, health benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2026 Budget: The Capital Improvement expenditures through February 2026 total $336,876 which is 1.77% of the total adopted budget. Thank you, Dean 0 20 40 60 80 100 120 STR License STR Licenses Issued 1/1 -2/28 2023 2024 2025 970-748-4013 idejong@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Ineke de Jong, Chief Administrative Officer RE: Signed Position Statement Letters DATE: April 6, 2026 SUMMARY: This report presents an overview of position statement letters that were signed and submitted in recent weeks. BACKGROUND: At the February 13, 2024 Regular Town Council meeting, Council discussed the topic of statement letters and sign-on letters and requests. Staff outlined it is very difficult to define a policy that clearly indicates when letter requests should be reviewed by Council as a whole and when the Mayor or Manager should sign. There are many times when it is in Avon’s interest to support a policy decision and the timing is too quick to include on a Council meeting, so some level of delegation to Mayor and Manager is helpful. Council agreed that the Town Manager and the Mayor can review the contents of the letter requested and determine if it is consistent with policies already adopted by the Town (which may include plan documents, annual Department goals, or previous direction provided by Council). If the letter request is consistent then Mayor or Manager would sign on behalf of the Town. Copies of the signed letters have been included on a quarterly basis on Council agendas under written reports. The attached letters were signed since the start of the new year. COUNCIL DIRECTION: This report is informational, and no Council action is required. Thank you, Ineke ATTACHMENT A: Letter to Division of Transit and Rail regarding Access to Bustang Services (letter has no date on it but was sent Jan 12, 13 or 14). ATTACHMENT B: March 10 Letter to Senator Bennett regarding support for the Forest Resources Accountability Act. ATTACHMENT C: March 13 Letter to Congressman Neguse regarding support for Avon’s Civic Mall Project. ATTACHMENT D: Letter to Senators Bennet and Hickenlooper regarding support for the Community Office for Resource Efficiency’s (CORE) application for Congressionally Directed Spending (CDS) to support the expansion of its Community Priority Participant program to qualified buildings throughout Eagle County (letter has no date on it but was sent March 26 or 27). 600 Grant Street #640 Denver, CO 80203 Telephone 303 839 5197 www.coloradotransit.com Paul DesRocher Director, Division of Transit and Rail Dear Mr. DesRocher, The Bustang and Outrider systems have provided great mobility solutions for Coloradans around the state over the past ten years. As a group of mobility managers, we see the benefit of the intercity and inter-regional services that allow people to access work, medical appointments, and social activities. We see this letter as an opportunity to advocate for a wide range of riders and those who would like to utilize Bustang services. Now that the system has been able to connect so many parts of the state, we ask you to consider making the system more accessible for people in our state who are older adults, Veterans, have a disability, or are low-income. Through discussions among mobility managers and various organizations around the state, we have discovered some common recommendations for Bustang operations that would allow better access to its services. Here are some challenges that mobility managers and social workers have faced while putting together interregional trips for their clients who: ●May not have cash ●May not have a phone ●May not be able to navigate an app on a mobile device ●May be medically fragile and can not wait until the next bus if the one they planned on riding is full ●May not be able to make a timely connection between Outrider and Bustang lines ●May not make their last mile connection or their medical appointment unless they can get on the bus they have planned for ●May not realize it's their stop because bus stop names are referred to differently on the map or the website versus when the driver announces the stop The first few bullets would be resolved by having a paper ticket solution for Outrider routes. When mobility managers or social service organizations are working with people who do not have a phone, or if they don’t understand how to access the Bustang app or website for ticket purchasing, it is almost impossible to get them a ride on an Outrider bus. This is also a challenge when we see riders who are at a regional center for a medical appointment or an emergency, and they, at times, don’t have enough money to get home. Some passengers would benefit from a medical seating reservation. Sometimes, the only way for a NEMT or elderly client to access regional medical appointments is by riding Bustang or Outrider. Oftentimes, these people are medically fragile and cannot wait for the next bus; they may not be able to handle the heat, cold, or have the physical stamina. Additionally, they may be transferring ATTACHMENT A to a paratransit vehicle at their Bustang stop and are unable to change their arrival time on the fly if they are not on the Bustang vehicle for which the trip was planned. Agencies that host connecting stops between Outrider and Bustang routes report that the arrivals of Outrider buses are not always well timed to connect to Bustang departures so that people end up having to spend the night midway before they can get to their final destination. Additional coordination between the routes in the system would increase accessibility and save riders from having to spend a night halfway through their trip. Solving the issue raised by the last bullet is simple: making sure bus drivers know what the stops are called on the website and making sure that they use the same name. When people are riding to places where they haven’t been before, they depend on the driver to help them get off at the proper stop, and calling the stop by a consistent name can lessen confusion. We would like to discuss this further with you and the Bustang team so that you all understand the issues and can look for ways to move forward. Sincerely, Colorado Association of Transit Agencies Regional Transit Coordinating Council (RTCC), Northwest Colorado Council of Governments Southeast Transportation Planning Region Southeast Council of Governments Southeast Colorado Enterprise Development, Inc. I-70 Coalition Western Colorado Alliance Summit County Community & Senior Center Avon Town Council Denver Regional Mobility & Access Council Dana Brosig, RTPO Director Partnership for Age-Friendly Communities in Larimer County Andrea Suhaka, Transportation Solutions Arapahoe County Post Office Box 975 100 Mikaela Way Avon, CO 81620 The Honorable Michael F. Bennet United States Senate 261 Russell Senate Office Building Washington, DC 20510 March 10, 2026 RE: Support for Forest Resources Accountability Act Dear Senator Bennet, On behalf of the Town Council of Avon, Colorado, we write to express our strong support for your Forest Resources Accountability Act. We are concerned about the White River National Forest’s reduced staffing and capacity at a time when the US Forest Service is struggling to maintain trails, address wildfire risk, reduce hazardous fuels, and protect watersheds and wildlife habitat; this has real and significant impacts at the local level. In addition, we see that spending US Forest Service Staff time to process & review the application and plans to build a new year-round, paved access road to support one private, remote residential development (Berlaimont Estates) is not a public benefit and would also take time away from more critical US Forest Service priorities. The White River National Forest is central to the Town of Avon’s economy and way of life. We are concerned about diverting already very limited US Forest Service resources from critical stewardship activities on the National Forest, like wildfire mitigation and recreation management. Your legislation appropriately prioritizes public benefits of National Forest lands while still maintaining reasonable access to the private in-holding. Thank you for your continued leadership on issues that matter deeply to the Town of Avon, Eagle County and western Colorado. Sincerely, Tamra N. Underwood Mayor, Town of Avon tunderwood@avon.org ATTACHMENT B Re: Support for Avon’s Civic Mall Project Page 1 Post Office Box 975 100 Mikaela Way Avon, CO 81620 March 13, 2026 The Honorable Joe Neguse United States Congressman 2400 Rayburn House Building Washington, DC 20515 Re: Support for Avon’s Civic Mall Project Dear Congressman Neguse, I write to express my full support for Avon’s Civic Mall Project within U.S. HUD Community Development Funds’ FY 2027 appropriations. With federal support, the Civic Mall Project will complete the pedestrian connection between the Avon Station regional transit facility to Avon Town Hall, the Eagle Valley Library District (EVLD) library, the Avon Recreation Center and Harry A. Nottingham Park (undoubtedly our little town’s “civic core”). Avon Station is the busiest transit hub in Eagle County, serving Core Transit, Bustang, and Pegasus in addition to Avon’s in-town transit. Avon’s Civic Mall Project is the culmination of 20 years of planning and is broadly supported by residents, the business community, and Town Council. Importantly, the Project will improve the living conditions and economic opportunity for residents in Census Tract 5.04 Block Group 2, 75.64% of which are considered low-to-moderate income and Census Tract 5.04 Block Group 3, whose residents are all low-to-moderate income. The Town Council supports the Avon’s Civic Mall Project because: The Project connects important and heavily used civic facilities and Avon’s regional park with all transit users and with neighboring low-income communities. The Project expands access to job opportunities and bolsters economic development in downtown Avon. The Project improves access to free local and reginal transit, essential public facilities, and a heavily used regional park. The Project will create a safe, walkable, and attractive commercial corridor for our small, diverse,) rural resort community (pop. 5,898 according to the last census). The Project will increase the economic vitality of Avon’s commercial core by expanding the existing pedestrian mall, improving access to the Avon Station regional transit hub, Avon Town Hall, the EVLD’s most popular library, Avon’s Recreation Center, and Harry A. Nottingham Park, which hosts large community events such as the free concert series AvonLIVE! and Salute to America, our long-standing, highly-successful 3rd of July celebration. The Town has been carefully planning, for 20 years at least, to build the foundation for a vibrant, walkable central Avon one of the highest priorities of Town Council and our community. The Project culminates these years of planning and momentum. ATTACHMENT C Re: Support for Avon’s Civic Mall Project Page 2 Avon is moving forward with design and engineering of the Project, and it will be shovel-ready by the time funding is awarded. The Town is ready and able to undertake this community priority but needs federal assistance now to make the Town’s 20-year vision a reality. Please give the highest consideration to Avon’s request for Congressionally Directed Spending. Sincerely, Tamra Nottingham Underwood, Mayor, Town of Avon Senators Bennet and Hickenlooper, We are pleased to offer our strong support for the Community Office for Resource Efficiency’s (CORE) application for Congressionally Directed Spending (CDS) to support the expansion of its Community Priority Participant program to qualified buildings throughout Eagle County. This funding will help deliver building performance and high-efficiency heating system retrofits to affordable multifamily housing and commercial buildings that serve an essential community need, reducing energy costs and improving efficiency, safety, comfort, and long-term affordability. Through its longstanding programs, CORE has supported over 6,000 projects to reduce energy use, lower operating costs, and improve building performance in the Roaring Fork Valley. In 2023, CORE established its Community Priority Participant program with a goal of dedicating a minimum of 40% of its program resources to income-qualified residents, local workforce, and essential service facilities such as schools, public buildings, and nonprofit offices. In 2025, this translated to support for over 100 individual projects. Expanding the Community Priority Participant program to affordable multifamily and qualified commercial buildings throughout all of Eagle County will enable CORE to fill a gap in the resources currently available in these communities and facilitate impact where the opportunity exists. These building owners and residents often face technical and financial barriers to completing capital improvement projects, including heating, cooling, ventilation, and building envelope improvements. CORE’s team provides end-to-end support, from technical guidance to contractor connections and funding coordination, ensuring projects move forward efficiently. Funding from this request will be leveraged with utility rebates, state and federal tax credits, and other local funding sources to maximize impact and reduce project costs. These investments will support local contractors, reduce energy use, and strengthen the resilience of our building stock, delivering long-term benefits for building owners, tenants, and local economies. Thank you for your consideration of this important request and for your continued support of programs that improve building performance, housing affordability, and economic stability in Colorado. Sincerely, Jeff Shroll, County Manager, Eagle County Eric Heil, Town Manager, Town of Avon Kristen Gray-Bertuglia, Director of Environmental Sustainability, Town of Vail Sara Nadolny, Senior Planner, Town of Basalt Kira Koppel, Sustainability Specialist II, Town of Eagle Community Office for Resource Efficiency 129 Emma Rd, Unit A-1 | Basalt, Colorado 81621 | AspenCORE.org ATTACHMENT D DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 17, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Page 1 of 5 1. ROLL CALL Present- Committee Members: Committee Chair Nancy Tashman, Vice-Chair Lisa Post, Amy Phillips, Pat Nolan, Derek George and Kathy Ryan Staff: Recreation Director Michael Labagh, Recreation Services Superintendent Jerrica Miller, Aquatics Superintendent Kacy Carmichael, Planning Manager Jena Skinner Town Council: Councilor Kevin Hyatt, Councilor Ruth Stanley Absent- Committee Members: Sonia Martinez and Courtney Walters Rawson Committee Chair Nancy Tashman opened the meeting at 12:00 p.m. 2. APPROVAL OF THE AGENDA Committee Chair Nancy Tashman made a request for a motion to approve the agenda. Committee Member Kathy Ryan moved to approve the agenda and Committee Member Amy Phillips seconded the motion. Committee Chair Nancy Tashman declared the agenda approved. 3. APPROVAL OF THE JANUARY 20, 2026 MEETING MINUTES Committee Chair Nancy Tashman made a request for a motion to approve the minutes of the January 20, 2026 meeting. Committee Member Amy Phillips moved to approve the meeting minutes, and Vice-Chair Lisa Post seconded the motion. Committee Chair Nancy Tashman declared the minutes approved. 4. PUBLIC COMMENTS No public comments were made. 5. BUSINESS ITEMS 5.1 Mountain Recreation Master Plan Presentation Recreation Director Michael Labagh introduced Mountain Recreation Executive Director Ture Nycum and Communication and Marketing Manager Jamie Wilson to share a presentation about Mountain Recreation’s Master Planning efforts. Director Nycum shared that the purpose of the presentation is to increase collaboration and offer complimentary facilities and services as we move into the future. Next, he shared general information about the organization including, Mission, Vision, Values, staff levels and facility locations and types. He shared the scope of their programs including gymnastics, aquatics, youth and adult sports, outdoor recreation, day camps, non-sports, active older adult programs, fitness, e-sports, ice/hockey, and special events. Visitation at their facilities is high and he shared details of their revenue and cost recovery. Looking to the future, Ture highlighted several operational improvements and reviewed planned capital improvements for the Eagle Sports Complex, Gypsum Recreation Center, and Edwards Field House. Mountain Recreation has never had a district-wide comprehensive Master Plan, so they decided to create one with the help from consultant, Berry Dunn. They are conducting a feasibility study of adding a second sheet of ice and they are trying to determine how they can better partner with fellow parks and recreation agencies. DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 17, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Page 2 of 5 Communication and Marketing Manger Jamie Wilson shared that they are on their fourth week of community outreach. They have been making efforts to speak to as many people as possible and reach a variety of demographics. What they’ve learned so far is that folks are deterred from using Mountain Recreation because of limitations on parking, busy facilities, and changes in communication by generation, among other factors. The committee commented/inquired: • Committee Member Pat Nolan inquired if they still offer indoor soccer in Edwards. • Committee Chair Nancy Tashman shared that the wood floor at the Edwards Field House is beautiful with lots of lines but enjoys playing pickleball there. • Committee Member Amy Phillips inquired about which demographic is growing and which is shrinking. • Committee Member Amy Phillips inquired about a new sheet of ice in Edwards, CO. • Committee Member Derek George inquired about indoor fitness at the Edwards Field House. • Committee Member Pat Nolan shared that the older adult community is growing, and they love the Vail Ski and Snowboard Academy at Maloit Park for their senior center, even though it is hard to access with all the entry staircases. Seniors like to have a buddy to go do activities like hikes. She also shared with the group that there has been collaboration with Mountain Recreation and Avon Recreation Center to offer senior services. • Committee Member Amy Phillips requested a curling league. • Committee Chair Nancy Tashman shared her interest in a second sheet of ice and a curling league as well as a small fitness area in Edwards. • Committee Member Amy Phillips shared that the next step for a world-class sport facility would be to approach Eagle County to try to provide a pool for elite athletes. There is a demand for competitive swimming. • Committee Chair Nancy Tashman said a new pool could provide opportunities for special events. • Planning Manager Jena Skinner stated that we have a robust hockey community and inquired about roller hockey in the warmer months. She also inquired about broomball and floor hockey opportunities. Mountain Recreation Executive Director Ture Nycum shared that the older adult community is growing, and young families are moving away. He also explained that they are exploring options in the feasibility study, but they have not identified a space in Edwards for a sheet of ice. Additionally, he shared that a 3,000 square foot area at the Edwards Field House could be dedicated to expanding fitness. He also shared that the Gypsum Creek Pool will stay open this summer. Ture inquired to the committee about the interest to add an indoor pool facility and the majority responded positively. Recreation Director Michael Labagh also shared the Avon Swim Club’s latest accomplishments and need for more pool space. Community and Marketing Manager Jamie Wilson shared that with Dobson Ice Rink closed, there was more interest in indoor roller hockey “stick and puck” through the summer. Recreation Services Superintendent Jerrica Miller shared that the county would benefit by investing in more safe spaces for teens. Additionally, Kacy Carmichael shared that Edwards Field House used to have an indoor skateboard half pipe that Avon Recreation lifeguards still talk about how they miss the opportunity to drop in to skateboard. Michael Labagh explained that Avon Recreation Center intentionally does not duplicate services already provided in the county, but instead expanding niche offerings like the Wiggle Zone toddler program. He stated that we are lucky to have three parks and recreation agencies in the same county offering a wide variety of opportunities. He shared that the Town also develops our programming based on our Recreation survey results. DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 17, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Page 3 of 5 Communication and Marketing Manager Jamie Wilson inquired with Town staff about county-wide communication and about coordinating similar activities and program offerings. Recreation Services Superintendent Jerrica Miller agreed that more collaboration would be beneficial among parks and recreation agencies. Mountain Recreation staff concluded their presentation and left the meeting. 5.2 Harry A. Nottingham Park Plan Update Recreation Director Labagh provided a hard copy of the Nottingham Park Plan and provided a brief slide show presentation. Planning Manager Jena Skinner spoke about the updates that were made to the plan, which included an updated cover page, added historical photos, improved the tone and writing style, and updated the subarea information. She shared that next steps include CASE Committee review, final internal review, Town Council review and approval. The committee commented/inquired: • Committee Member Kathy Ryan shared her delight in the Nottingham Park plan document. • Committee Chair Nancy Tashman inquired about the timeline for removing the outdoor Fitness Court. • Committee Member Amy Phillips asked that the use of photos of the Fitness Court be removed or made more clear of their purpose in the document. • Committee Member Derek George inquired if the Fitness Court would be used more now that the Recreation Center Fitness area is so busy. • Committee Member Amy Phillips shared her opinion to wait to remove the Fitness Court until the Recreation Center Fitness expansion is complete to avoid public backlash. She also reminded the Committee that people from the public do indeed read Town of Avon documents posted on the website and they should easily be able to understand the direction the Town is moving toward. • Committee Member Derek George shared his opinion that the document is too focused on the past and not enough on the future. • Committee Member Lisa Post suggested that the document be presented in a predictable order. She also commented that the skate park seemed to be a high priority even though it was not a likely possibility. She also pointed out a mention of Vail facilities and potential clothing drive are not relevant or likely enough to happen to be included. • Committee Member Amy Phillips stated that the plan was distributed Monday, March 16, 2026, and she wanted to know what continuing edits will be included before it is presented to Town Council. • Committee Member Amy Phillips stated that the park is a “happy place” for many people, and it is important for their mental health, but the plan doesn’t need to go too far down that road. • Committee Member Derek George inquired if the Committee knows how we could get a giant troll art piece like the one seen in Breckenridge. Committee Member Pat Nolan responded that the trolls are typically built in places that are hard to get to, such as deep in the woods. • Committee Member Amy Phillips shared that more cool art in the park could be a generic goal and increasing activities during Dr. Martin Luther King Jr. weekend could be beneficial. • Committee Member Kathy Ryan shared her frustration with not seeing work being done on the new park restrooms but expressed relief after learning there was still a plan to finish the project this year. DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 17, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Page 4 of 5 Recreation Director Michael Labagh explained that the outdoor Fitness Court will be removed once we are ready to build a large picnic shelter to replace it. The Town does not have an alternative location for the Fitness Court so it will likely be deconstructed and recycled or upcycled. Planning Manager Jena Skinner confirmed that the Committee will have more time to provide feedback on the updated plan. Recreation Director Michael Labagh explained that he will send a follow-up email to the Committee to ensure everyone’s feedback is received. Jena also mentioned that there is a continuing conversation about bringing more art into the park to improve mental health. She expressed her interest in the idea of a landmark art piece that draws in visitors. Jena noted two potential locations could be the P3 or PAB parks in the Village at Avon might be a good option for this type of art piece. Planning Manager Skinner also shared that an art installation is possible, such as a wood bending decoration for walkways. She also mentioned winter carnivals that have snow sculptures would be a great opportunity for the park which is mostly empty in the winter. 5.3 Recreation Department Update Recreation Director Michael Labagh provided an update to the Committee including a reminder about recruiting for five open seats on the Health & Recreation Committee. He shared the 2026 Committee goals draft and requested feedback. There was no immediate feedback. Next, he shared Recreation Center visitation statistics for January and February 2026. Then he provided an update about the Eagle County Bike Safety Education Campaign and Committee. He shared that the county is drafting print and digital materials for committee members to review in April so mass distribution can occur in May and June. The committee commented/inquired: • Committee Member Amy Phillips inquired who is responsible for distribution of safety materials. • Committee Member Amy Phillips suggested that High Five Media could do something funded jointly by all the entities to target a younger audience. • Committee Member Derek George suggested more use of TikTok and involving local influencers. • Committee Member Kathy Ryan inquired who would be addressing the 6–13-year-old children. Recreation Director Michael Labagh confirmed that all participating entities will be responsible for distributing the safety materials. Recreation Director Michael Director stated that we do not have a firm plan on how we will directly address younger children, but Recreation Department staff could provide educational talks or programs for middle school children. Recreation Director Labagh updated the Committee about the Aquatics Area Remodel delay. The project start date is pushed back by three weeks, but the end date has not changed. The final project approval will be completed at the April 28 Town Council meeting. The committee commented/inquired: • Committee Chair Nancy Tashman inquired about alternate swimming pools to use during the closure. • Committee Member Derek George inquired about extended expiration dates on punch passes. • Committee Member Derek George inquired about increased attendance in Nottingham Park. • Committee Member Lisa Post inquired about more lap swimming marked at the swim beach. • Committee Member Derek George inquired about the rules for swimming in the lake and if there would be lifeguards provided at the swim beach. DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 17, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM Page 5 of 5 • Committee Member Lisa Post inquired if dogs were permitted to swim in the lake. • Committee Member Kathy Ryan stated that teenage children swim right off the boat dock and jump off the stage, and the rules are not enforced. Recreation Director Michael Labagh shared the flyer on the Avon.org website listing alternate pool facilities in the area. He also provided requested information on how staff are handling the extension of punch passes during the upcoming facility closure. Aquatics Superintendent Kacy Carmichael explained that the Recreation Center pool is quieter in the summer since most people prefer to be outside. Recreation Director Labagh also explained that the lap swimming lane will be added back to the swimming area and could be expanded when the pool area is closed. Recreation Director Michael Labagh explained that dogs are not permitted to swim in the lake and swimming is not permitted outside of the designated swimming area on the north side at the beach. He encouraged Committee members to call Avon Police Code Enforcement anytime they witness inappropriate behavior in the park. 6. OTHER BUSINESS AND COMMITTEE MEMBER COMMENTS No other business or committee member comments were received. 7. ADJOURNMENT Committee Chair Nancy Tashman asked if there was a motion to adjourn the meeting. Committee Member Amy Phillips motioned to adjourn the meeting and Committee Member Lisa Post seconded the motion. The meeting adjourned at 1:41 p.m. on March 17, 2026. Respectfully submitted by Kacy Carmichael Aquatics Superintendent 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 1 of 12 Town of Avon 2026 Department Goals This document presents specific goals to be completed, or substantially completed, during 2026. The goals are identified by town departments and/or divisions.  Quarterly updates will be provided by department directors and managers.  Town Council will have an opportunity to review the information and provide direction on any revisions, deletions, or changes in priority.  The goals provide a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meeting.  The list is not comprehensive in nature and there will be ample opportunity to review and discuss other high-level priorities set by Town Council, including but not limited to housing, water, childcare, climate action, US Post Office and railroad monitoring. 2026 Department Goals General Government GENERAL GOVERNMENT COMMUNICATION & MARKETING 1. Post One Quarterly Engagement Project to ZenCity: Our Community Engagement Platform is underutilized and should be updated quarterly to keep content relevant. No work has been done on this project. 2. Streamline Communications Platforms: Avon currently uses Civic Send, Mail Chimp and Constant Contact for communications, depending on department email lists and platform preferences. Staff will streamline external communication by consolidating existing platforms into a unified system, improving collaboration, reducing tool redundancy, and audience understanding. No work has been done on this project. 3. Redesign Avon.org: Avon.org is the digital face of Avon, and where residents, guests, contractors and businesses go to get information. Best practice for government websites recommends redesigns every 5-7 years. The current version of Avon.org launched in 2017 and runs on the oldest platform supported by Civic Plus. A website redesign will enhance user experience for both staff and the general public. The new design can strengthen brand identity, address accessibility issues, improve navigation and increase engagement through mobile optimization. Several meetings have been held with CivicPlus and design deliverables were delivered on March 27. An analytics meeting was held in late March to discuss what elements are most utilized on the current site. On April 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 2 of 12 15, we expect to receive design templates using our branded materials, logos and compelling imagery. 4. Create Branded Templates for Staff: Develop a suite of professionally branded templates, including press releases, Council reports, and presentation templates to ensure consistent visual identity across all communications and improve team efficiency in content creation. Incorporate use of branded templates with Leadership Team trainings and request IT integrate with our Microsoft suite as possible. In Intranet page was created that includes a press release template, Avon Brand Guidelines, Branded colors, compelling photography, Avon Writing Style Guide and other resources. More templates will continue to be developed. CULTURE, ARTS & EVENTS 5. Bronze Research: Research bronze casting artists and solicit general cost estimates for commissioning additional wildlife bronzes for round-abouts (Avon Road – Round-About 1 and Post Blvd Round-Abouts) and other locations (e.g. Pedestrian Mall gateway into Harry A. Nottingham Park). Research if Mother’s Pride is the right scale for Round-About 1 and look into the possible sale of Avon’s town-owned Sidewalk Society Bronze collection by Glenna Goodacre. No work has been done on this project. 6. Activating Lot B Commercial Space: Conduct inclusive community engagement process to develop programming and activation of potential ground level commercial space adjacent to Pedestrian Mall in the proposed Lot B apartment project. This will initially be referred to the Avon DDA and CASE Committee. [NOTE: Complete development application is pending and is estimated to be submitted in Q4 of 2025]. The CASE Committee joined the DDA meeting on February 2, 2026, to discuss the proposed Summit Apartments public amenities. Both groups echoed strong support for the Culture & Arts flex space, acknowledging both its community values and the need for further refinement on the details. 7. Avon Library Expansion: Collaborate with Eagle Valley Library District to determine potential expansion and community uses of the Avon Library Branch. This goal would be to determine opportunities, demand, and interest of Avon Library Branch in expanding their building, potentially onto the 351 Benchmark Site. [NOTE: Potential Avon Library Expansion will be discussed at the September 23, 2025 Council meeting.] The Town Manager and ComDev have been in conversation with the Library District. The next step is signing an MOU which is scheduled to be presented to Council on April 28. 8. Historical Ranching & Railroad Collection [Carryover from 2025]: Collaborate with Community Development Department to determine an appropriate location for placement of historical farm and ranching and railroad equipment and structures in a public park or plaza and develop content for interpretive and education information. While the events team has not worked on this project, yet, they learned Mike Jackson and Gary Padilla have completed some tasks and events will be looped in when appropriate. 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 3 of 12 SUSTAINABILITY 9. Commercial Composting Pilot Program Implementation and Evaluation: Building on the 2025 approval of the commercial composting pilot, staff will work on implementing the pilot in 2026. The pilot will collect data to evaluate the relative cost of hauling food waste vs. solid waste, the impact of solid waste volume, and long-term climate action goals like greenhouse gas reduction and water conservation. Staff will also determine the Town’s readiness for a commercial composting expansion. During Q1, two formal in-person visits, as well as on-demand supply drops, were conducted at all participating restaurants to support proper implementation of the commercial composting pilot. Contamination levels have remained very low, with only minor and isolated issues that were addressed immediately. Program participation expanded in late February with the addition of House of Vibes, Avon’s newest café. Compostable bags and supplies have been distributed as needed and tracked to inform ongoing budget management. Program capacity allows for a few more restaurants to join. A Q1 performance report (received March 30) shows 10.8 tons of organics collected since the start of the program, as well as low contamination and cooperative participation by restaurants. The report will be used both for C3 grant planning and public communications recognizing participating businesses. 10. Recycling Reinforcement & Compliance: With the Universal Recycling Ordinance now in its third year, Staff will shift focus from awareness-building to active performance improvement and compliance. In 2026, this will include conducting waste audits to identify underperforming waste streams and implementing an enforcement mechanism. Data will be tracked quarterly to evaluate waste diversion gains and pinpoint barriers to compliance. Commercial waste audit reports, completed in December 2025, were distributed to businesses in January, and follow-up outreach is ongoing to support recommended improvements. A key finding from the commercial audits is that diverting organic waste through composting would significantly improve overall diversion rates across the business community. For multifamily properties, audits are scheduled to continue into 2026. The Aspens was audited in February, and audits for Eaglebend and Buffalo Ridge (Buildings 1 and 2) are ongoing as of March. In conjunction to this, Staff is working on the Extended Producer Responsibility program reimbursement (approximately $5,850) to assist with our education & outreach effort needed for this goal. 11. Town-Wide Geothermal Feasibility Study (Phase I): Initiate a Phase I geothermal feasibility study to explore an innovative heating and cooling solutions for Town infrastructure and potential district applications. The study will assess hydrogeologic viability, topographic constraints, and heating/cooling demand profiles across municipal facilities. Results will include estimated carbon savings, lifecycle costs, siting options, and recommendations for the next steps. The study will also compare open-loop and closed-loop system benefits, and how geothermal might complement future electrification and energy storage goals. A draft Colorado Department of Local Affairs administrative grant application has been completed to support the Phase 1 study, which would assess foundational technical and financial considerations needed to advance a potential geothermal network. Review and refinement of the application is underway in coordination with Public Works, with submission anticipated in early April. 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 4 of 12 12. Single-Use Plastic Ban [Carryover from 2025]: Research single use plastic bans in peer communities and present options for a single use plastic ban in Avon for Council consideration, including community outreach, education and implementation plan. A long-term budget plan and a business transition guide will be developed alongside educational materials. This effort is planned to be coordinated with Town of Vail’s effort to research and implement a single-use plastic ban. Progress on the single-use plastic ban during Q1 has focused on continued communication and policy alignment with the Town of Vail. No public-facing updates were issued in January or February 2026 as discussions remain in a preparatory phase. In late March, Vail Health joined the conversation with their independent microplastics campaign, which will launch in April. More details will be shared as they become available. TOWN CLERK & COURT CLERK 13. Rename Benchmark Reservoir [Carryover from 2025]: The lake located in the center of Harry A. Nottingham Park has been locally known as Nottingham Lake since its creation in 1979. However, official documents identify it as Benchmark Lake Reservoir. The Town Clerk will continue to work with the Colorado Geographic Naming Advisory Board to formally rename Benchmark Lake Reservoir to Nottingham Lake. Additionally, the Town Clerk will pursue renaming Nottingham Reservoir to prevent confusion between the two bodies of water. In Q1 2026, DNR confirmed that the Colorado Geographic Naming Advisory Board has approved the renaming of Benchmark Lake Reservoir to Nottingham Lake and forwarded the recommendation to the U.S. Board on Geographic Names for federal review. The Town Clerk was advised that the DNR will not require renaming Nottingham Reservoir to avoid public confusion with Nottingham Lake. The Town Clerk will continue to track the process with the U.S. Board on Geographic Names. 14. Evaluation of Colorado Open Records Act (CORA) Tracking Software: The Town Clerk’s Office has experienced a steady increase in CORA requests: 35 in 2022, 39 in 2023, 53 in 2024, and 43 in the first half of 2025. Currently, responses are managed manually. The Town Clerk will research tracking software to streamline and standardize the CORA request process. Staff will also collaborate with the Police Department’s Records Division to assess the volume of Colorado Criminal Justice Records Act (CCJRA) requests and explore potential efficiencies between CORA and CCJRA workflows. In response to the 68 CORA requests received in 2025, the Town Clerk finalized a revised CORA Policy in Q1 2026 and, in partnership with IT, developed a Laserfiche Workflow ready for implementation. The workflow offers a cost-effective alternative to subscription-based tracking software, with the exception that bulk email redaction will remain a manual process. COMPLETED 15. Review of Court Management Software: The Court Clerk’s Office will assess current court management solutions, with a focus on Tyler Technologies’ Municipal Justice Software. This platform supports daily court operations and reduces paperwork, improving overall efficiency. Since Tyler Technologies also provides Brazos—the Avon Police Department’s system for summons and report writing—adopting their court solution could streamline information exchange between the Police Department, Prosecutor, Judge, and Court Clerk. In Q1, the Court Clerk’s Office participated in an updated demonstration of Tyler Technologies’ Municipal Justice Software and obtained a cost estimate for implementation. After evaluating the projected operational benefits relative to the overall expense, the Court Clerk determined that continuing with the existing case 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 5 of 12 management system, FullCourt Enterprise, is the most appropriate option at this time. Vail Municipal Court’s decision to also continue to move forward with FullCourt further supports maintaining consistency and compatibility between courts. A software change is no longer being pursued at present, but this option may be revisited in the future as operational needs evolve or new opportunities arise. COMPLETED 16. Review Court Process Best Practices in Peer Communities: The Court Clerk will attend a Municipal Court session in each of the following jurisdictions—Vail, Minturn, Eagle, and Gypsum—to observe court operations and collaborate with counterparts in each location. Possible outcomes are moving away from a paper-heavy process to a more paperless process, allowing video appearance and efficiencies that different software could offer. During Q1, the Court Clerk visited two of the four neighboring municipal courts, Gypsum and Eagle, strengthening communication and fostering a growing regional partnership among court staff. These visits have opened the door to ongoing collaboration, shared resources, and the exchange of consistent practices across jurisdictions. The Gypsum and Eagle Municipal Court Clerks also proactively visited the Avon Municipal Court to learn more about Avon’s court preparation and court session procedures. In turn, the Avon Municipal Court Clerk has provided support to both Vail Municipal Court and the Vail Police Department by assisting with questions related to the FullCourt case management system for use during a transitional time of their Court. This developing partnership has resulted in a valuable exchange of knowledge, technical support, and operational insight. FINANCE 1. Lead Multi-Year and Long-Range Financial Projections: Develop models for multi-year and long-range financial forecasts to present a better understanding of new development, revenue collections, capital project needs and future department staffing and expenditures for long range visioning. Finance continues to develop models for new developments and the revenues it may generate. The next phase is to incorporate and research the demand new developments will have on the Town’s services. 2. Annual Financial and Auditing Services: Complete “Request for Qualifications” process to engage professional audit firms to complete Town of Avon’s year-end financial report which includes an audit of all Town funds. Select qualified firm to complete the year-end Audited Financial Report which would be due no later than June 1, 2026. Finance Department plans to request qualifications after the completion of the 2025 Audit. 3. Time Share Amenity Fee – Time Share Amenity Tax: Research a Time Share Amenity Tax that is uniform across all timeshare properties in Avon to replace the Time Share Amenity Fee which is currently not consistent and was negotiated on a case-by-case basis. Finance department will begin working on the Time Share Amenity Tax in the 2nd quarter of 2026. INFORMATION TECHNOLOGY 1. Strengthen Cybersecurity Posture: Enhance the town’s security infrastructure using existing Microsoft Office 365 tools and modern endpoint protection to ensure better control over devices, 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 6 of 12 reduce security gaps to keep systems protected, increase threat detections and responses and improve data protection. No Updates to report. 2. Evaluate Alternatives to Current System Monitoring Vendor: Reduce reliance on third-party monitoring services by exploring cost-effective, scalable alternatives that will be evaluated for an option that best fits the IT needs, allows for better integration with current systems and provides better data for informed decision-making. Task complete, implemented ManageEngine Opmanager. COMPLETED 3. Implement Asset and License Management System: Gain full visibility and control over IT assets and software licenses that will provide better inventory tracking, license compliance, and long-term planning. Taks completed, Implemented NinjaOne help desk ticketing, Documentation, remote access, warranty tracking, IT asset management, and vulnerability management. COMPLETED HUMAN RESOURCES 1. Enhance Internal Educational Opportunities and Platforms for Employees: Assess Department needs to define and offer education and training opportunities designed by the HR Team for ongoing use, some of which include topics addressing leadership, legal compliance, management, performance review process, conflict resolution, communication in the workplace, time management, and diversity, equity & inclusion. HR is working on several training opportunities, one more immediate is the Emergency Management Training with Avon Police Department and Eagle County Emergency Manager geared for the Department Managers Team held April 1. Additional emergency training will be supported for employees townwide. Several Department Assessments with Pinnacol (workers compensation provider) have been scheduled to ensure operational compliance with safety policies and practices (ComDev Building Division completed and Transit scheduled). Safety Committee has received a presentation about the Colorado Governmental Immunity Act. HR plans to host another CIRSA seminar addressing “Interpersonal Skills, Communication Styles, Time Management & Leadership” to all employees. 2. Explore Technology Options to ensure Efficiencies in HR processes: Explore and streamline all HR & Risk program processes to create efficiencies using technology platforms, when possible, to reconcile with cross department functions between HR and Finance including such areas as compensation, risk management and payroll. HR team has met with several compensation management vendors to review platforms that would help create efficiencies with market study and annual compensation management. No final decision has been made at this time. HR continues to work with Finance team to identify software platforms to create efficiencies for employees’ timekeeping, payroll and benefits management. 3. Review Health and Benefits Program: Collaboration between Human Resources and Finance to review Town’s Health and Benefits Programs and related costs. Review options for containing health insurance costs through comparison of self-funded plans, fully funded plans or pooled health plans. In addition, make a comparison of health and benefit plans from peer communities using data from 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 7 of 12 Employer’s Council and Colorado Municipal League to ensure Avon’s position for competitive recruiting and retention platform. This analysis will be completed later this year. 2026 Department Goals Community Development 1. Community Housing Initiatives: Pursue all reasonable efforts to implement Community Housing, including but not limited to the following goals: a. Regional Housing Authority: Implement the next steps in exploration of potential Regional Housing Authority creation. Community engagement presentations at valley Town Councils continue with Government Performance Solutions(GPS). Community Survey has been created and available: https://survey.zohopublic.com/zs/k8BnVl . Vail Daily ads created, testimonial filming for buy-down recipients completed. Survey, ads, marketing to continue in Q2. Virtual Community engagement sessions in Q2. b. Avondale Apartments Construction [Carryover from 2025]: Complete entitlements, construction drawings, and secure funding. No changes in Q1. If Village (at Avon) PUD amendments are approved for this property, Staff will return to Council with an outline of process and timeframe for completing construction documents and approvals. c. Slopeside Apartments [Carryover from 2025]: Complete entitlements, rezoning, construction drawings, and secure funding. Rezoning was recommended by PZC in November 2025. Council to hear Ordinance for Rezoning in Q2. d. Revisit Inclusionary Zoning and Available SFEs [Carryover from 2025]: Explore potential policies that may allocate or prioritize a portion of the remaining available Single-Family Equivalent (SFE) water supply to Community Housing projects. Not started. e. Update Employee Housing Mitigation Regulations: Update the Employee Housing Mitigation regulations to establish maximum rents and maximum sales price for employee housing mitigation units. In research stage. f. Mobile Home Park Protections [Carryover from 2025]: Research mobile home park protection to preserve existing workforce housing in Avon and present research and potential options for action to Council. Not started. g. Water Tank Planning: Participate in modeling and planning for future water tank(s) on northern hillside. Infrastructure will serve portions of East Avon Preserve, Village (at Avon), and State Land Board properties. The Town Manager, Town Engineer, and Community Development Director have been coordinating with the water district and Traer Creek. The first draft of a Mountainside water storage and distribution system was completed in late February. Additional progress will be provided to Town Council when available. 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 8 of 12 h. Update Avon Community Housing Plan: Update the Avon Community Housing Plan to track Avon’s Housing Action Plan in the recently completed Regional Housing Needs Assessment. Updates to Housing Plan are drafted by Housing Planner. Planner Manager, Director, and Town Manager to review in Q2 before presenting to TC in Q2 2026. i. Research legitimizing “ADU’s” in Wildridge: Research and report of the existing “ADU’s” or rental apartments in Wildridge PUD. Research ability to legalize them and promote them. Not started. 2. Sun Road Redevelopment: Promote and facilitate redevelopment of the Sun Road Redevelopment area that includes Community Housing, retail and public services and potential new regional transit hub. A Department of Local Affairs (HOLA) grant was received in SPring 2025 for conceptual design services . Lionheart was retained last fall for professional design services The conceptual design process and evaluation of redevelopment options is nearly completed. Coordination with tenants is ongoing. A transportation engineer was retained to study Sun Road redevelopment and other new developments in the vicinity to test traffic movements and intersection performance. Design plans will go before the DDA, PZC, before Town Council for final review. 3. Water Allocation Management [Carryover from 2025]: Finalize importing and quality control for all Single-Family Equivalent (SFE) water allocation data into Town of Avon Geographic Information System (GIS) system. Establish protocols for updates and ongoing internal management of data. No progress in Q1. 4. Park Planning [Carryover from 2025]: Continue current efforts to conduct park planning, including Planning Area B and P3 in the Village (at Avon) and O’Neil Spur park and Saddleridge Park in Wildridge. [NOTE: This will be conducted in collaboration with Recreation Goal #3] Design work progresses with Planning Area B, inclusion of a water storage feature, and the maintenance of existing ditches through the property. Programmatic elements for Planning Area B remain highly conceptual at this stage. The primary focus is on how water moves through the site, and relationships to adjacent planned development. No progress on other park sites. After the Village at Avon PUD application is finalized, staff plans to re-engage for P3. 5. Research incorporation or adoption of Wildfire Building & Landscaping Code State reflecting State Actions: Staff is involved in Eagle County Wildfire Collaborative Efforts and will bring research to Council in 2026. Building and Planning staff have continuously collaborated with neighboring jurisdictions to develop a common Wildfire Resiliency code for the valley. An Ordinance for Avon has been drafted, with final review by PZC on March 23, 2026. The Ordinance moves to Council for formal consideration next. Staff will be submitted to the State of Colorado for a local exemption to the State Wildfire code as part of this process. 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 9 of 12 2026 Department Goals Recreation 1. Redevelop Department Standard Operating Procedures (S.O.P.) [Carryover from 2025]: Create and/or modify standard operating procedures for each division of the Recreation Department. An up- to-date S.O.P. document for each division will ensure best/standard practices are being implemented and will promote consistency, safety, efficiency and communication throughout department operations. All existing S.O.P. are being updated and new S.O.P. are being developed on a continual basis throughout this year. Each Recreation Department division will have a complete S.O.P. by the end of 2026. 2. Certified Parks and Recreation Professional (CPRP) program: Prepare all full-time Staff to obtain the nationally recognized certification through the National Recreation and Park Administration (NRPA). Three eligible full-time staff members have applied to enroll in the CPRP program. Once accepted, staff will have one year to review program materials and successfully pass the exam. 3. Collaborate on Park Planning: Collaborate with the Community Development Department and continue current efforts to conduct park planning, including Planning Area B and P3 in the Village (at Avon) and O’Neil Spur park and Saddleridge Park in Wildridge. [NOTE: This will be conducted in collaboration with Community Development Goal #4] No progress in Q1. 2026 Department Goals Police 1. Implement Automated Vehicle Identification System (AVIS) Speed Enforcement: Enhance traffic safety by enforcing speed limits to reduce vehicle crashes and improve pedestrian safety in high-risk corridors within the Town of Avon. The initiative includes the installation of four Automated Vehicle Identification System (AVIS) speed enforcement cameras: two along Avon Road (northbound and southbound) and two along U.S. Highway 6 between mile markers 170 and 171 (eastbound and westbound). All five cameras were installed in October, followed by a 30-day warning period. Formal enforcement began on December 21, 2025. As anticipated, some technical challenges were encountered related to discrepancies between physical and mailing PO Box addresses. Citations associated with P.O. Box addresses have required manual research. The vendor is actively addressing this issue and is working with their registered owner data provider to enable automatic retrieval of P.O. Box information from Colorado DMV records. Preliminary data indicates a significant reduction in violations—from approximately 1,700 per day during the July 2025 traffic study to an average of 60 per day currently. This represents a 96% decrease and reflects a substantial improvement in traffic safety across the three 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 10 of 12 targeted areas. A more comprehensive analysis and update will be presented to Council toward the end of April. 2. Cameras in the Town Core on Town Assets [Carryover from 2025]: Enhance public safety by installing security cameras in key areas of the town core and Harry A. Nottingham Park. Currently, security cameras are installed at the Stage, Town Hall, Police Department, Recreation Center, and Avon Regional Transportation Facility. We plan to add cameras to the recycling center at Lot 5, at the Avon Transit Center at the Wyndham hotel, at Harry A. Nottingham Park focused on the walking paths, north and south of the lake, and at the pickleball/ tennis courts at Avon Elementary school. Compared to other towns like Vail and Glenwood, Avon has fewer security cameras, but this initiative aims to deter crime and assist in crime detection and resolution, ultimately enhancing the safety of residents and visitors. Six of the eight planned cameras have now been successfully installed. Current placements include two at the recycling center, two at Avon Station, one on the southwest corner of the pavilion facing the south lake path, and one on West Beaver Creek Boulevard covering the basketball courts. The remaining two cameras are scheduled for installation in May, pending the vendor’s availability of solar panel equipment required for power. These final installations will be located 1. along the north lake path at its intersection with the pathway to the North Lot 16 parking area, providing coverage of the north lake path and beach area, 2. on the east side of the pickleball courts to monitor both the pickleball and tennis courts. The system has already proven effective. In a recent incident involving illegal dumping at the recycling center, Public Operations staff reported the activity, and camera footage assisted us to identify and contact the individual responsible. 2026 Department Goals Engineering 1. Develop a GIS Request and Tracking System: Establish a comprehensive system to facilitate the submission, tracking, and management of internal GIS project requests. This system will enhance workflow efficiency, ensure task accountability, and improve transparency across departments. The project tracking system has been completed and is currently being used to manage GIS projects for testing and refinement. Next steps include developing the public-facing portal to allow departments to submit and track their own requests. 2. Launch a Public Infrastructure Story Map Series: Develop and publish a series of ArcGIS StoryMaps to effectively communicate infrastructure projects, planning initiatives, and capital improvements to the public through an engaging and visually accessible platform. A list of potential projects is being developed alongside research into best practices for GIS-based public communication and newsletter-style updates, drawing on examples from Aspen and Jefferson County. 3. Update Emergency Action Plan for Nottingham Reservoir: Update the Emergency Action Plan (EAP) for the Nottingham Reservoir, which was last revised in 2014. The updated EAP will incorporate changes related to population growth, land development, and evolving emergency 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 11 of 12 management practices. The Nottingham Reservoir Emergency Action Plan has been accepted by the State. COMPLETED. 4. Complete inventory of the Nottingham Puder Ditch and the Metcalf Ditches and how they relate to the Raw Water Portfolio: Conduct a detailed inventory of the Nottingham Puder Ditch and the Metcalf Ditches. This effort will support a clearer understanding of current infrastructure conditions and improve the accuracy and efficiency of water use reporting and compliance and how it relates to our water rights. The initial site walk is completed. Several segments need further field investigation. Comprehensive easement research was conducted, and all known ditch easements have been mapped; additional investigation is needed for undocumented segments. 2026 Department Goals Public Works MOBILITY 1. Prepare 10 Year Transit Plan: Mobility is currently developing a 10 year transit plan with the help of a consultant. The 10 Year Transit Plan will be presented to Council with recommendations for phasing and look at Micro-Transit. Fehr and Peers, a transit planning consultant, is currently working on this plan and we expect to have something for council in the second quarter of 2026. FACILITIES 2. Heat Recovery System: Optimize heat recovery system to fully sustain Recreation Center pools and look for opportunities for expansion. Engineering Department is leading coordination with CDM Smith’s design team to calibrate the Heat Recovery System, with Facilities supporting evaluation of expansion opportunities for the Lot B and Lot 3 developments, and potential future expansion into the Sun RD redevelopment. 3. Preventative Maintenance Planning: Develop a comprehensive preventative maintenance plan that can be implemented into a Computerized Maintenance Management System. Facilities is implementing Brightly (CMMS) by migrating asset data and preventative maintenance scheduling, as well as phasing in staff assignments. FLEET 4. Research “Renewable Diesel” [Carryover from 2025]: A presentation during the MT2030 Summit in Jackson sparked this research project for 2025. Continuing into 2026 to include research into 1st Quarter Update 2026 Department Goals January 1, 2026 - 1st Quarter Update Page 12 of 12 other alternative fuel supplies. Began the early stages of research, updating the information received last year. Reached out to numerous different sources for input. PUBLIC OPERATIONS 5. Redesign of Avon Road Round-About One [Carryover from 2025]: Prepare and present ideas for redesign of Round-About One on Avon to Avon Planning and Zoning Commission and Council. RFQ has been drafted and is currently under review. Consultant selection is anticipated to be completed in the next quarter, with project initiation to follow. 6. Harry A. Nottingham Park Irrigation: Retain a consultant to design new irrigation system for Harry A. Nottingham Park which incorporates water conservation goals. RFP has been released, with proposals due April 7. Consultant selection is expected shortly thereafter. Design is anticipated to be completed by the end of July 2026, with implementation currently planned for Fall 2027. 7. Harry A. Nottingham Park Upper field: Retain a Sports Turf Consultant/Turf Agronomist to assess the upper field and provide recommendations for improvements or replacement. Project has been temporarily delayed due to current drought conditions and associated water use sensitivities. Timing will be reassessed as conditions improve. 970-748-4091 pliermann@avon.org TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner RE: Deed Restricted Community Housing Programs Update DATE: March 26, 2026 SUMMARY: This report provides the 1st Quarter 2026 update on each of the available buy-down programs and the overall deed restricted inventory. No Council direction is sought, and this report is for informational purposes. BACKGROUND: Price Capped Deed Restricted inventory began in 1991 and steadily increased throughout the late 1990’s and early 2000’s. Resident Occupied units were added starting in 2012 through Community Housing inclusionary zoning. Buy-down programs were introduced in 2020 to help local residents achieve homeownership by providing a monetary contribution in exchange for recording a deed restriction at closing. There are now three buy-down programs available in Avon: Mi Casa Avon (est. 2020), Municipal Employee Home Ownership Program (est. 2024), and Good Deeds Avon (est. 2025). 2026 BUY-DOWN PROGRAM FUNDING: Total Buy-Down Program Funds Budgeted Committed Balance Mi Casa / Good Deeds Avon $ 1,772,893 $ 124,725 $ 1,273,993 MEHOP $ 500,000 $ 0 $ 500,000 Total Funds $ 2,272,893 $ 124,725 $ 1,773,993 REVIEW OF PROGRAM PERFORMANCE MI CASA AVON: This program provides a 12% financial contribution towards a buyer’s purchase (maximum of $100,000) with no maximum purchase price, in exchange for recording a Resident Occupied Deed Restriction at closing. GOOD DEEDS AVON: This partnership program with Eagle County Housing & Development Authority (“ECHDA”) provides a 30% financial contribution toward a buyer’s purchase in Avon, with a maximum purchase price of $1,250,000, in exchange for recording a Price Capped Deed Restriction. Good Deeds Avon is a funding match program, with Avon providing 15% of the financial contribution. Annual Funding: 2026 Annual Budget is $1,772,893. There is 1 closed Mi Casa Avon transaction. 1,772,893$ 100% 91,800$ 5% Funds Awarded 2026 - Good Deeds Avon -$ 0% Funds Remaining 1,681,093$ 94.8% Total Funds 2026 Funds Awarded 2026 - Mi Casa Avon Page 2 of 3 970-748-4091 pliermann@avon.org Mi Casa Avon Program Use: Mi Casa Avon Resales, Listings, Rentals, and Leave of Absence Tracking: 2022 2023 2024 2025 2026 Resales 1 1 1 1 0 Listings 0 2 0 3 3 Rentals 0 1 (LOA) 1 3 3 Leave of Absence 1 1 0 0 0 Good Deeds Avon Program Use: MUNICIPAL EMPLOYEE HOME OWNERSHIP PROGRAM (“MEHOP”): This program provides a 30% financial contribution toward a Town of Avon municipal employee’s purchase in Avon or EagleVail, in exchange for recording a Price Capped Deed Restriction. The maximum purchase price is $1,250,000. Annual Funding: 2026 Annual Budget is $500,000. There are no closed transactions. 500,000$ 100% -$ 0% Funds Remaining 500,000$ 100.0% Total Funds 2026 Funds Awarded 2026 Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500 2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142 2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344 2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333 2024 8 $1,874,558 $ 664,220 $ 83,028 $ 695,938 2025 7 $1,685,328 $ 413,460 $ 59,066 $ 492,214 2026 1 $1,772,893 $ 91,800 $ 91,800 $ 765,000 Total 56 $ 3,844,922 $ 68,659 $ 578,113 Unit Count Available Contribution Contribution Spent (Avon) Average Contribution (Avon) Average Sales Price 2025 10 $ 1,685,328 $ 1,248,975 $ 124,897 $ 832,650 2026 0 $ 1,772,893 $ 0 $ 0 $ 0 Total 10 $ 1,248,975 $ 124,897 $ 832,650 Page 3 of 3 970-748-4091 pliermann@avon.org Deed Restricted Activity (excludes Mi Casa, MEHOP, Good Deeds) 2026 Resale Listings Leave of Absence Resident Occupied Units 0 1 0 Price Capped Units 0 0 0 Community Housing Inventory Price Capped Units Number Resident Occupied Units Number Chapel Square 8 Gandorf 1 Grandview 12 One Riverfront 1 Falcon Point/Lakeside Terrace 3 Riverfront Lodge 2 Lodge at Brookside 3 Frontgate 2 Sheraton Mt Vista 22 Kestrel 1 Wildwood TH 17 Mi Casa Avon 56 Good Deeds Avon 10 MEHOP 2 Total 77 63 Thank you, Patti Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2024 1 $ 750,000 $ 250,000 $ 250,000 $ 849,000 2025 1 $ 375,000 $ 250,000 $ 250,000 $ 850,000 2026 0 $ 500,000 $ 0 $ 0 $ 0 Total 2 $ 500,000 $ 250,000 $ 849,500 970-390-2014 ewilson@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Eva Wilson, Engineering Director RE: East Nottingham Park Improvements Project Update DATE: April 7, 2026 SUMMARY: This report provides an update on the East Nottingham Park Improvements Project. Due to prolonged delays in the delivery of the modular restroom units, the Town terminated its construction contract with Baker Constructors on January 29, 2026. The modular restroom units from Green Flush remain delayed, and no delivery date has been committed. Town staff has separated the remaining scope into smaller components and has begun soliciting the remaining project elements for completion during the spring/summer construction season. No Council action is requested at this time. BACKGROUND: The Town of Avon entered into a construction agreement with Baker Constructors for utility relocation, site civil work, installation preparation for two modular restroom units, and associated finish work. Separately, the Town contracted with Green Flush to fabricate two factory‑built restroom units, which were originally scheduled for delivery in October 2025. Due to significant design challenges and manufacturing issues, Green Flush has experienced significant delays in the fabrication and delivery of the restroom units. During this period, Baker Constructors demobilized from the project on December 19, 2025, and subsequently submitted a remobilization cost proposal of $167,875 to resume work in spring 2026. On January 29, 2026, the Town formally terminated the contract with Baker Constructors pursuant to General Condition 15.2.D, which allows the Owner to terminate the Agreement “without cause and without prejudice to any other right or remedy,” with compensation for work performed, expenses sustained, and reasonable termination costs. Town staff and Baker Constructors jointly completed a detailed inventory of materials and comprehensive documentation of existing site conditions and remaining work items. NEXT STEPS: Town staff have separated the remaining project scope into smaller components and have begun soliciting the remaining project elements for completion during the spring/summer construction season. In addition, Staff coordinated with Zehren and Associates to repackage the installation of the two modular restroom units and will solicit bids from local general contractors. Remaining Work and Anticipated Schedule: 1. Asphalt overlay of park trail – Early May (work awarded) 2. Completion of seat wall – Mid-May (coordinating with existing subcontractor) 3. Irrigation and landscape improvements – Mid-May (coordinating with existing subcontractor) 4. Modular restroom units – Ongoing coordination with Green Flush to finalize delivery date 5. General contracting services to install the modular restroom units and complete associated finish work – May/June 2026, contingent upon delivery of the modular restroom units FINANCIALS: Approximately $1.05 million of the original $3.6 million contract remains available in the project budget. Staff is currently working with Baker Constructors to reconcile reasonable termination expenses and finalize accounting for materials, site conditions, and partially completed work. CLOSING REMARKS: Staff will return to Council for consideration and approval of any contracts exceeding $100,000, in accordance with Town procurement requirements. As the work progresses, staff will provide regular updates to Council and will advise of any changes that may affect the cost, schedule, or sequencing of the remaining improvements. Thank you, Eva