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TC Packet 05-12-2026_____________________________________________________________________________________ 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, May 12, 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 April 28, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Record of Decision for MJR26-002 Comfort Inn Remodel (Community Development Director Matt Pielsticker) 5.3. ACTION: Intergovernmental Agreement with the Upper Eagle Regional Water Authority for Water Use Data (Public Works Director Mike Jackson) 6. BUSINESS ITEMS 6.1. RESOLUTION 26-05: Appointing Judge Courtney Holm as Deputy Municipal Judge and Hearing Officer for Town of Avon (Chief of Police Greg Daly and Town Clerk Miguel Jauregui Casanueva) 6.2. ACTION: Health & Recreation Committee Interviews & Appointments (Recreation Director Michael Labagh) 6.3. ACTION: Development Agreement for The Summit (Town Manager Eric Heil) 6.4. ORDINANCE 26-06: First Reading Construction Noise Regulations (Community Development Director Matt Pielsticker) 6.5. PUBLIC HEARING: ORDINANCE 26-08: Second Reading Amending Chapter 10.28, “Vehicle Registration” and Repealing Chapter 10.32, “Driver Licenses” of the Avon Municipal Code (Chief of Police Greg Daly) 6.6. PUBLIC HEARING: ORDINANCE 26-05, Second Reading: Wildfire Code Updates CTA 26-002 Code Text Amendment (Planning Manager Jena Skinner) 6.7. NOTICE OF AWARD: East Harry A. Nottingham Park Restrooms Project (Senior Engineer Will Kearney) 7. WRITTEN REPORTS 7.1. 2025 Recreation Department Annual Report (Recreation Director Michael Labagh) 7.2. Update on Fire Mitigation 2026 Scope of Work (Public Works Director Mike Jackson) 7.3. Food Truck Program Update (Senior Special Events Coordinator Chelsea Van Winkle) 7.4. Speed Cameras Update (Chief of Police Greg Daly) _____________________________________________________________________________________ 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. 7.5. Avon-Beaver Creek Summer Connector Bus Update (Mobility Director Jim Shoun) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, MAY 12, 2026 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – Comments Are Welcome on Items Not Listed on the Following Agenda . An initial three (3) minute limit allotted to each person wishing to speak. Speakers may also request up to one (1) additional minute at the end of the three (3) minutes to complete their public comment , which may be approved by majority of the Authority. 5. PUBLIC HEARING (QUASI-JUDICIAL) FOR A SPECIAL EVENTS LIQUOR PERMIT 5.1. APPLICANT NAME: WALKING MOUNTAINS EVENT: A TASTE OF NATURE DATE AND TIME: 5:15 P.M. – 10:30 P.M. ON JULY 7, 2026 LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: ACADIA CARYL 6. APPROVAL OF THE MINUTES – April 14, 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, Liquor Licensing Authority Deputy Secretary RE: PUBLIC HEARING (Quasi-Judicial) for Special Event Permit Application – A Taste of Nature DATE: May 7, 2026 SUMMARY: Walking Mountains, as the Applicant, is applying for a Special Event Permit for Malt, Vinous, and Spirituous Liquors to serve and sell alcoholic beverages at the “A Taste of Nature” special event on July 7, 2026. The Applicant has submitted all materials required by the State of Colorado Liquor Enforcement Division, and the application materials are complete and in proper order. All supporting documents are on file with the Town Clerk’s Office. The premises located at 318 Walking Mountains Lane were properly posted with notice of this public hearing, and no public comments were received in response to the posting. The Applicant has provided adequate proof of commercial general liability insurance that meets Town requirements and has obtained all other permits required for the event. A background review shows no prior failures by the Applicant to comply with Special Event Permit laws, and the Applicant has been issued fewer than fifteen (15) special event permits during the current calendar year. The event manager will be present at the public hearing to answer any questions regarding the application and the event. BACKGROUND: Special event permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve, or distribute alcoholic beverages in connection with public events. The Town of 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, and an entity may receive a maximum of fifteen (15) special event permits per calendar year. There is no required affirmative finding for the issuance of a special event permit. Section 44‑5‑106, C.R.S., states that a special event permit application may be denied upon the grounds that the issuance of the permit 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 the Special Event Permit application for the upcoming A Taste of Nature special event. A quasi‑judicial public hearing is required prior to the Authority taking final action on the application. Applicant Name: Walking Mountains Event Name: A Taste of Nature Event Date: July 7, 2026 5:15 p.m. – 10:30 p.m. Page 2 of 2 Location: 318 Walking Mountains Lane Event Manager: Acadia Caryl Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the “A Taste of Nature” special event on July 7, 2026, from 5:15 p.m. to 10:30 p.m.” Thank you, Brenda. ATTACHMENT A: Application for a Special Event Permit (State form DR 8439) ATTACHMENT B: Alcohol Management Plan ATTACHMENT C: Diagram ATTACHMENT A ATTACHMENT B ATTACHMENT C AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, APRIL 14, 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 April 14, 2026 meeting to order at 5:00 p.m., and a roll call was taken. 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. Also present in person were 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 Thuon 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 F OLLOWING AGENDA Video Start Time: 00:01:35 Chair Underwood explained that public comment could 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. Chair Underwood 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: 00:02:05 5.1. Applicant: 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 Secretary Jauregui Casanueva presented an overview of the Special Event Permit application and associated findings. Danita Dempsey attended in person on behalf of Chelsea Van Winkle and, from the podium, responded to questions from the Board. Chair Underwood opened the quasi‑judicial public hearing. No public comment was received, either in person or virtually. Board Member Hyatt moved to approve the application, and Board Member Hardy seconded the motion. The motion passed unanimously, 7–0. AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, APRIL 14, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 6. APPROVAL OF THE MINUTES FROM THE MARCH 24, 2026, MEETING Video Start Time: 00:06:25 Board Member Thuon moved to approve the minutes from Tuesday, March 24, 2026, as presented. Board Member Hardy seconded the motion. The motion passed unanimously, 7–0. 7. WRITTEN REPORT 7.1. Report on Recent Administrative Approvals (Deputy Secretary Brenda Torres) Chair Underwood acknowledged receipt of the report. 8. ADJOURNMENT The Avon Liquor Licensing Authority Meeting adjourned at 5:07 p.m. These minutes are intended as a summary of the proceedings of the Local Liquor Licensing Authority meeting and are not a verbatim record. They are not intended to be comprehensive or to include every statement or speaker, nor to reflect the proceedings with complete precision. The official record of the meeting consists of the audio recording, which is maintained in the Town Clerk’s Office, and the video recording, 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, Liquor Licensing Authority Deputy Secretary RE: Report on Recent Liquor License Administrative Approvals DATE: May 7, 2026 SUMMARY: The Town’s local liquor licensing regulations authorize administrative review and approval of routine liquor license applications, including: (1) Renewals; (2) Modifications of Ownership; (3) Modifications of Managers; and (4) Special Event Permits for events previously approved by the Town Council. Administrative review and approval require that the application be complete, that no new criminal activity appear on the background check, and that there have been no liquor code violations within the prior year. License renewals require a seven‑day public notice period, and Special Event Permits require a ten‑day notice period. During the applicable notice period, the Town Clerk’s Office accepts public comments and/or requests for a hearing before the Avon Liquor Licensing Authority. In all cases, the Town Clerk’s Office retains discretion to refer an application to the Authority. BACKGROUND: As Deputy Secretary to the Avon Liquor Licensing Authority, the Deputy Town Clerk is required to report applications approved administratively, which is the purpose of this report. Since April 14, 2026, the Town has received four applications that met all requirements for administrative review and approval and were approved accordingly. No comments, complaints, or requests for hearings were received. These applications are as follows: Renewals: Applicant: Vail Valley Art Guild d/b/a Vail Valley Art Guild Location: 137 Benchmark Rd #C2 Type: Retail Establishment Permit Malt, Vinous and Spiritous Liquor Manager: Melissa Nelson Report of Changes - New Manager and Renewal: Applicant: Maverik, INC d/b/a Maverik, Inc #689 Location: 240 Wagon Trail Road Type: Fermented Malt Beverage and Wine (City) New Manager: Genesis Medina Special Event Permits: Applicant: Shift Events Event: Triple Bypass Dates: July 11, 2026 12:00 p.m. - 8:00 p.m. Location: 1 Lake Street/Nottingham Park Pavilion Manager of Event: Brody Salinger Report of Changes – Officers’ Names: Applicant: Vistana Colorado Management INC d/b/a Sheraton Mountain Vista Location: 160 Beaver Creek West Type: Hotel & Restaurant (City) Thank you, Brenda. AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 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 April 28, 2026, to order at 5:00 p.m. At roll call, Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Councilor Kevin Hyatt was absent at roll call and joined the meeting in person at 5:01 p.m. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina Williams, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul Redmond, Financial Analyst Chase Simmons, Senior Special Events Coordinator Chelsea Van Winkle, Recreation Director Michael Labagh, Public Works Director Mike Jackson, Engineering Director Eva Wilson, Public Works Asset Manager Kim Hannold, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Long‑Range Housing Planner Patti Liermann, IT Director Andrew Bare, and Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:58 Mayor Underwood opened consideration of the Agenda. Councilor Stanley moved to approve the Agenda as presented, and Councilor Hardy seconded the motion. The motion passed unanimously, 6-0, of those present. Councilor Kevin Hyatt joined the meeting in person at 5:01 pm 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:20 Mayor Underwood asked whether there were any conflicts of interest related to agenda items. None were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:38 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. She exchanged a back of forth related to composting with Councilor Brooks. Suzanne Johnson addressed Council in person on behalf of Vail Valley Waste and spoke to the success of Avon’s commercial compost pilot program, noting that the program has diverted ten tons of waste. She added that, due to the success of the pilot program, Vail Valley Waste will be launching a residential composting program and provided information regarding subscription costs for the new service. Jenny Carll, an Avon resident, addressed Council virtually and stated that an improvement to the lap pool at the Avon Recreation Center to make it regulation size would be a positive benefit to the community, explaining her rationale. She requested an update on the status of that topic. Mayor Underwood responded that the project to improve the Avon Recreation Center facility has been put on hold due to cost increases, adding that there was no plan at that time to improve the lap pool. AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Councilor Hardy asked Town Manager Heil to determine a cost estimate for making the lap pool regulation sized. No additional public comment was received in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:12:35 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of April 14, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Town of Avon Wildland Fire Preparedness Month Proclamation and Eagle County Board of County Commissioners Joint Resolution proclaiming May 2026 as Wildfire Preparedness Month (Chief of Police Greg Daly) Councilor Thuon moved to approve the Consent Agenda as presented, and Councilor Stanley seconded the motion. The motion passed unanimously, 7-0. 6. BUSINESS ITEMS 6.1. ACTION: Culture, Arts & Special Event (CASE) Committee Interviews & Appointments (Chief Cultural Officer Danita Dempsey and Senior Special Events Coordinator Chelsea Van Winkle) Video Start Time: 00:13:05 Senior Special Events Coordinator Chelsea Van Winkle steered the process of CASE Committee Interviews & Appointments. She indicated that 4 vacancies became open on the CASE Committee and applicants will be interviewed in the order that applications were received, as follows: (1) Russell Frederickson, virtually; (2) Erica Baldwin, in person; (3) Thomas Walsh, in person; (4) Chuq Yang, in person; and (5) Pedro Campos, in person. After each applicant's brief introduction, they responded to Council questions related to their candidacy. Following the interview process, Council cast the following votes: Mayor Tamra N. Underwood voted for Russell Frederickson, Thomas Walsh, Chuq Yang, and Pedro Campos. Mayor Pro Tem Richard Carroll voted for Erica Baldwin, Thomas Walsh, Chuq Yang, and Pedro Campos. Councilor Kevin Hyatt voted for Erica Baldwin, Thomas Walsh, Chuq Yang, and Pedro Campos. Councilor Gary Brooks voted for Russell Frederickson, Erica Baldwin, Thomas Walsh, and Pedro Campos. Councilor Chico Thuon voted for Erica Baldwin, Thomas Walsh, Chuq Yang, and Pedro Campos. Councilor Ruth Stanley voted for Russell Frederickson, Thomas Walsh, Chuq Yang, and Pedro Campos. Councilor Lindsay Hardy voted for Russell Frederickson, Erica Baldwin, Thomas Walsh, Chuq Yang, and Pedro Campos. Town Clerk Jauregui Casanueva tallied the Council votes as follows: Pedro Campos received seven (7) votes. Thomas Walsh received seven (7) votes. Chuq Yang received six (6) votes. Erica Baldwin received five (5) votes. Russell Frederickson received three (3) votes. At the Mayor’s discretion, no public comment was received, either in person or virtually. Council thanked Russell Frederickson for his application. Councilor Stanley moved to appoint Erica Baldwin, Thomas Walsh, Chuq Yang, and Pedro Campos to the Culture, Arts & Special Events (CASE) Committee for two‑year terms. Councilor Hyatt seconded the motion. The motion passed unanimously, 7-0. AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 6.2. PRESENTATION: Town Landscaping & Irrigation (Public Works Director Mike Jackson) Video Start Time: 00:48:02 Public Works Director Mike Jackson delivered a presentation regarding Town landscaping and irrigation. Councilor Hardy reminded the public that when a tree is removed in Avon, it must be replaced with two trees, and she encouraged both Town staff and the public to comply with this requirement. Town Manager Heil stated that staff is tracking every tree removed by the Town and will comply with the replacement requirement. He also spoke regarding turf replacement efforts. Councilor Brooks raised concerns related to water storage, including the Nottingham Puder Ditch. Town Manager Heil discussed the water storage capacity of the Nottingham Puder Ditch and the need to inventory all ditches in Avon and restore them to full functionality. Mayor Pro Tem Carroll asked for clarification regarding the distinction between raw water (non- potable) and treated water (potable), how irrigation is prioritized, and whether rainfall impacts irrigation usage. He also requested that Public Works Director Jackson provide additional updates to Council as replacement and capital projects are completed. Additional feedback from Council included the suggestion to use high‑traffic sod for Nottingham Park. Councilor Hardy commented that the Recreation Center path is part of the Eagle Valley Trail system and extends toward the Arrowhead golf course, noting that the area is heavily used by fishermen and pedestrians. She stated that adding benches along the path would be valuable, observing that while picnic tables are currently being used, the Town owns the land, which includes open space used for activities such as throwing a ball for dogs and areas where families gather to watch fishing activity. She suggested a potential bench donation campaign, noting that the area is well‑suited for passive use. Councilor Hardy also commented positively on a recently installed bench swing, indicating that she has received favorable feedback. Councilor Hardy further referenced Roundabout No. 3, stating that she did not support re‑installing grass in that location and expressed a preference for wildflower plantings instead. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. As the item was presented for discussion only, no motion was requested, and staff received direction from Council to continue their work as indicated. 6.3. PUBLIC HEARING (QUASI-JUDICIAL): Major Development Plan MJR26-002, Outset Collection by Hilton AKA Comfort Inn Remodel (Community Development Director Matt Pielsticker) Video Start Time: 01:19:15 Community Development Director Matt Pielsticker introduced Claire Perez, the newest member of the Community Development Department, and provided a brief overview of her professional background. He then delivered a presentation regarding Major Development Plan MJR26‑002, the Outset Collection by Hilton (also known as the Comfort Inn Remodel). AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 Community Development Director Pielsticker advised Council that its analysis should focus on Review Criterion 4, which requires that the development comply with the applicable development and design standards set forth in the Avon Municipal Code, including but not limited to Chapter 7.20 (Zone Districts and Official Zoning Map), Chapter 7.24 (Use Regulations), and Chapter 7.28 (Development Standards), and that the proposal remain generally consistent with the prior approval for the existing use. He added that if the project were smaller in scope, it would have been addressed administratively; however, due to the scale and scope of the proposal, staff elected to bring the item forward for Council consideration. Architect Tim Losa, with Zehren and Associates, joined Community Development Director Pielsticker at the podium to discuss the remodel and rebranding of the hotel, noting that the project is focused on improving the guest experience. Mayor Pro Tem Carroll asked questions regarding the project timeline, including the anticipated shutdown period. Jodie Robertson and Michael Miller, representing the ownership group, joined Mr. Losa at the podium and responded to questions related to the remodel timeline. Mayor Pro Tem Carroll also referenced the use of destination metrics at the hotel. At his request, Chief Building Official Derek Place addressed the applicability of the Town’s Exterior Energy Offset Program to the project. Mayor Underwood asked Community Development Director Pielsticker about the condition of the lighting plan and its compliance with the Town’s outdoor lighting ordinance. She also asked Architect Losa questions regarding the soffits, including their materials and venting. Mr. Losa responded that the project is planned to comply with the draft lighting ordinance. Mayor Underwood opened the public hearing for public comment. No additional public comment was received, either in person or virtually. Council thanked the ownership group for the remodel, their investment in Avon, and wished them success. Councilor Hardy also thanked the Planning and Zoning Commission for its review of the remodel and stated that she appreciated the inclusion of gates to manage parking access on the property. Councilor Hardy moved to approve Major Development Plan MJR26‑002 based on the proposed findings and conditions set forth in the staff report. Councilor Stanley seconded the motion. The motion passed unanimously, 7-0. 6.4. PUBLIC HEARING (QUASI-JUDICIAL): ORDINANCE 26-05, First Reading: Wildfire Code Updates CTA 26-002 Code Text Amendment (Planning Manager Jena Skinner) Video Start Time: 01:57:35 Planning Manager Jena Skinner delivered a presentation related to the first reading of Ordinance 26‑05, Wildfire Code Updates (CTA 26‑002 Code Text Amendment). Mayor Underwood noted that the Town Attorney clarified the matter is not a quasi‑judicial public hearing, but rather a legislative public hearing. AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Questions from Council included whether there is regulatory alignment with other communities in the County related to the use of noncombustible versus ignition resistant materials, how tree‑cutting assessments and permitting are used to reduce wildfire risk, how tree felling is tracked, the potential impact on insurance costs, and whether there are refundable deposit mechanisms associated with assessments. Councilor Thuon asked about the potential installation of large‑scale sprinkler systems in the Wildridge neighborhood as a first line of defense against wildfires, including the use of cache boxes to activate such systems. Planning Manager Skinner responded that there is not sufficient water capacity to respond to wildfires and structure fires simultaneously in Wildridge. Councilor Thuon stated that implementation of a solution to address this issue by the water district would provide additional reassurance. Mayor Underwood opened the floor to the public hearing for public comment. No public comment was received, either in person or virtually. Mayor Underwood thanked Ms. Skinner for her work. Mayor Pro Tem Carroll stated that he wanted to better understand the refundable deposit mechanism and requested to speak further with staff, including a tutorial on how the mechanism is applied, to gain additional comfort with the process. Mayor Underwood requested that the topic be brought back in greater detail at second reading. Councilor Thuon moved to approve the first reading of Ordinance 26‑05, Wildfire Code Updates (CTA 26‑002 Code Text Amendment), as presented. Councilor Stanley seconded the motion. The motion passed unanimously, 7-0. 6.5. ACTION: Mi Casa Avon Program Revisions (Housing Planner Patti Liermann) Video Start Time: 02:28:40 Housing Planner Patti Liermann delivered a presentation regarding Mi Casa Avon Program revisions. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. Council thanked Housing Planner Liermann for her work on the revisions, including her collaboration with the Town Attorney. Ms. Liermann was asked to address whether residents may retire while living in a Mi Casa Avon home. She explained that a resident may retire and continue living in the unit provided they resided in the home and were employed full‑time for the preceding five (5) years. Councilor Hardy expressed concern regarding the use of 120% Area Median Income (AMI) for rentals. Councilor Brooks moved to approve the proposed revisions to the Mi Casa Avon Program, as presented. Councilor Stanley seconded the motion. The motion passed unanimously, 7-0. 6.6. ORDINANCE 26-08: First Reading Amending Chapter 10.28, “Vehicle Registration” and Repealing Chapter 10.32, “Driver Licenses” of the Avon Municipal Code (Chief of Police Greg Daly) Video Start Time: 02:43:55 Chief of Police Greg Daly delivered a presentation regarding the first reading of Ordinance 26‑08, amending Chapter 10.28, “Vehicle Registration,” and repealing Chapter 10.32, “Driver AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Licenses,” of the Avon Municipal Code. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. With no further deliberation, Councilor Stanley moved to approve the first reading of Ordinance 26‑08, as presented. Councilor Hyatt seconded the motion. The motion passed unanimously, 7-0. 6.7. PUBLIC HEARING: RESOLUTION 26-04: Amending the 2026 Budget (Chief Financial Officer Paul Redmond) Video Start Time: 02:48:36 Chief Financial Officer Paul Redmond delivered a presentation regarding Resolution 26‑04: Amending the 2026 Budget. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. With no further deliberation, Councilor Thuon moved to approve Resolution 26‑04: Amending the 2026 Budget. Councilor Brooks seconded the motion. The motion passed unanimously, 7-0. 6.8. RESOLUTION 26-06: Approval of Financing for Buffalo Ridge I Refurbishment (Town Manager Eric Heil) Video Start Time: 02:55:50 Town Manager Eric Heil introduced the item regarding Resolution 26‑06: Approval of Financing for Buffalo Ridge I Refurbishment. Councilor Hardy asked about the waiting list for the Buffalo Ridge Apartments. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. With no further deliberation, Councilor Stanley moved to approve Resolution 26‑06, as presented. Councilor Hardy seconded the motion. The motion passed unanimously, 7-0. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Summer Outlook DestiMetrics Report (Financial Analyst Chase Simmons) 7.4. Town Cleanup & Sustainability Fair Updates (Special Events Coordinator Emily Dennis) 7.5. Recreation Center Project Update (Director of Engineering Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:01:25 Councilor Brooks asked whether Chief Administrative Officer Ineke de Jong was prepared to speak about the upcoming Wildridge Water Shortage Meeting scheduled for May 21 at 5:30 p.m. at the old Wildridge Fire Station. Councilor Brooks stated that he is proposing a meeting with Wildridge residents to address Tier 4 and Tier 5 water restrictions. He noted that Ms. de Jong and Sarah Smith Hymes have been leading the effort and that the conservation district is also interested in participating. He stated that a presentation will be provided, the meeting will be open to all, and a variable message sign will be deployed to remind residents. Councilor Brooks also noted that the Eagle River Highway Cleanup is scheduled for Saturday at 9:00 a.m. and advised that motorists should be especially alert. AVON REGULAR MEETING MINUTES TUESDAY APRIL 28, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 Mayor Underwood thanked Sarah Smith Hymes for organizing the Wildridge Water Shortage Meeting. Councilor Stanley reminded the public of the Vail Valley Art Guild’s First Friday event and noted that the Avon First Friday Art Guild event would take place on Friday, May 1. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 08:05 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood ___________________________________ Town Council Record of Decision: MJR26002 TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: April 28, 2026 Major Development Plan Review (MJR) Benchmark at Beaver Creek, Block 2 Lots 73/74 MJR26-002 Beaver Creek Blvd VIII, LLC This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) TOWN COUNCIL DECISION ON #MJR26-002: Approval with Conditions GENERAL CRITERIA FINDINGS §7.16.020(f)(1): 1. The development applications are complete; 2. The development applications provide sufficient information to allow PZC to determine if it complies with the relevant review criteria; 3. The development applications comply with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity (e.g., water, sewer, and storm drainage) does not require mitigation at this time and will be coordinating prior and during the next phase for the building permit. DEVELOPMENT PLAN FINDINGS §7.16.080(g): 1. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes has been provided and is generally sufficient for this review; 2. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 3. The development is in compliance with most of the applicable development and design stan 4. dards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards, and remains generally consistent with the previous approval for the existing use. 5. The mixed-use and nonresidential design standards sufficiently protect and preserve the quality and character of the built environment in the Town with respect to the impacts of its design upon the community; 6. The development can be adequately served by public services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and 7. The development design conforms with the character of the surrounding community; and to the character of Avon as a whole. Town Council Record of Decision: MJR26002 CONDITION: 1. Prior to issuance of a building permit, the applicant shall submit a detailed lighting and signage plan for staff review and approval. Disclaimer: This planning approval does not constitute approval to begin construction. A separate building permit must be obtained from the building department prior to the commencement of any construction. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk 970-331-2405 mjackson@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Mike Jackson, Public Works Director RE: IGA - Water Use Data Sharing DATE: April 30, 2026 SUMMARY: Staff requests Council approval of an Intergovernmental Agreement (IGA) with the Upper Eagle Regional Water Authority (“Water Authority”) to allow the Town access to limited water use data for properties within town limits. The agreement supports enforcement of the Town’s Water Resource Ordinance and Landscaping Code and assists the Town in monitoring conservation-related obligations tied to development approvals. BACKGROUND: The Authority owns and operates the public water system serving properties within the Town of Avon and collects monthly water use data as part of its billing system. Under the Town’s adopted landscaping and water management regulations, properties are subject to maximum irrigation and landscape water use limits. To effectively administer and enforce these regulations, the Town requires access to certain customer water use data maintained by the Authority. The IGA establishes the legal framework governing how that data is shared, protected, and used for limited governmental purposes. PURPOSE AND USE OF DATA: Under the proposed IGA, the Authority will provide the Town with water use data for Avon customers whose usage falls within the highest use Tiers 3, 4, and 5, which typically indicate water use beyond what is reasonably necessary. The data will be used exclusively to:  Enforce the Town’s Water Resource and Landscaping Ordinances  Monitor activity and compliance related to the Traer Creek Water Bank  Verify compliance with development agreements and approvals that establish maximum landscaping or irrigation water use obligations The agreement expressly limits the data to the minimum necessary, restricts redistribution, and requires the Town to maintain confidentiality and comply with the Colorado Open Records Act. FISCAL IMPACT: There is no direct fiscal impact associated with approval of this IGA. The agreement supports more effective enforcement and monitoring of existing regulations and agreements. RECOMMENDATIONS: Staff recommends that Council approve the IGA between the Town of Avon and the Upper Eagle Regional Water Authority for water use data sharing, following the first reading of the Water Resource Ordinance. PROPOSED MOTION: “I move to approve the Water Use Data Sharing Agreement with Upper Eagle Regional Water Authority” Thank you, Mike Mike Jackson Public Works Director IGA Upper Eagle Regional Water Authority Water Use Data Sharing UERWA Water Use Data 05/12/2026 ATTACHMENT A Upper Eagle Regional Water Authority: •Owns the public water system serving the Town. •For water use data, the Authority serves as functionally equivalent to a water department for the Town. •Collects and maintains customer water use data through its monthly billing system under a five-tier use structure. The highest tiers 3, 4, and 5 typically use water beyond what is reasonably necessary for a healthy landscape. Town: •Pursuant to Section 7.28.050(c)(1) of the Town of Avon Municipal Landscaping Code, properties within the Town are subject to a maximum amount of water that may be used for irrigation. •Water use data is necessary for enforcement of the Landscaping Code. The Water Use Data shared will be limited to the minimum necessary to assist with compliance. UERWA Water Use Data 05/12/2026 PURPOSE: The IGA shares water use data so the Town can enforce the Water Resource Ordinance, monitor the Traer Creek Water Bank, and monitor compliance with development agreements that specify maximum landscaping and irrigation use. UERWA Water Use Data 05/12/2026 RECOMMENDATION: “I move to approve the Water Use Data Sharing Agreement with Upper Eagle Regional Water Authority” UERWA Water Use Data 05/12/2026 PROPOSED MOTION: Staff recommends that Council approve the IGA between the Town of Avon and the Upper Eagle Regional Water Authority for water use data sharing, following the first reading of the Water Resource Ordinance. (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Greg Daly, Chief of Police RE: Appointment of the Honorable Courtney Holm as Deputy Municipal Judge and Hearing Officer under the Speed Camera Enforcement Program DATE: May 12, 2026 SUMMARY: The Town’s Speed Safety Camera Program requires the designation of a hearing officer to adjudicate contested citations. Judge Cyrus “Buck” Allen III previously served in this role and has since stepped down. The Honorable Courtney Holm has agreed to serve as the program’s new hearing officer. Hearings are conducted on the record through DACRATech LLC software platform, which supports monitoring and enforcement under Avon’s Automated Vehicle Identification Systems (AVIS) Speed Camera Enforcement Program (SCEP). Formally swearing in the Honorable Courtney Holm will vest her with the appropriate authority from the Town of Avon and ensure continued compliance with applicable state statutes. The Honorable Courtney Holm is similarly sworn in within other municipalities where she currently serves in a judicial capacity as a municipal judge. In addition, she may serve as a Deputy Avon Municipal Judge, as needed. BACKGROUND: Judge Courtney Holm currently serves as the Municipal Judge for the City of Leadville, Towns of Vail and Gypsum, and as the hearing officer for the Town of Vail’s speed camera program. She has more than 20 years of legal experience, including practice in criminal defense, family law, and civil litigation. In addition to her judicial responsibilities, Judge Holm is an experienced mediator and arbitrator and has successfully guided hundreds of parties to resolution since becoming a certified mediator in 2010. She is actively engaged in the legal community, having held prior leadership roles with the Continental Divide Bar Association and the Colorado Bar Association, and currently serves on multiple boards and commissions. Judge Holm earned her Juris Doctor from the University of Denver Sturm College of Law and has been licensed to practice law in Colorado since 2002, including admission to both state and federal courts. FINANCIAL: Judge Holm will serve as an independent contractor. Compensation will be paid at an hourly rate from net revenues generated by the Speed Safety Camera Program, as permitted by statute. RECOMMENDATION: Staff respectfully recommend approval of Resolution 26‑05 appointing and swearing in the Honorable Courtney Holm to serve as a Deputy Municipal Judge for the Town of Avon for a two‑year term, with duties including service as the hearing officer for the Town’s Speed Safety Camera Program. The Town Clerk will administer the oath of office. PROPOSED MOTION: “I move to appoint Judge Courtney Holm as a Deputy Municipal Judge for the Town of Avon for the purpose of serving as the hearing officer for the Speed Safety Camera Program and authorize the Town Clerk to administer the oath of office.” Thank you, Chief Greg Daly ATTACHMENT A: Resolution 26-05 Appointing Courtney Holm as Hearing Officer and Deputy Municipal Judge Resolution 26-05 – Appointing Courtney Holm as Deputy Municipal Judge And Hearing Officer for the Town of Avon May 12, 2026 Page 1 of 1 RESOLUTION 26-05 APPOINTING COURTNEY HOLM AS DEPUTY MUNICIPAL JUDGE AND HEARING OFFICER FOR THE TOWN OF AVON WHEREAS, the Town of Avon has adopted and implemented an Automated Vehicle Identification System (“AVIS”) Speed Camera Enforcement Program (“SCEP”), as authorized under Colorado law and the Avon Municipal Code; and WHEREAS, applicable AVIS regulations and enforcement procedures under the SCEP require the designation of a qualified hearing officer to preside over contested notices of violation and related administrative hearings through DacraTech’s software platform; and WHEREAS, the Avon Municipal Code and AVIS program guidelines authorize the Town Council to appoint a hearing officer for the SCEP and, where appropriate, a Deputy Municipal Judge to hear and decide such matters on behalf of the Town; and WHEREAS, the Honorable Courtney Holm currently serves as the Deputy Municipal Judge for the Towns of Vail and Gypsum, and as the hearing officer for the Town of Vail’s Speed Camera Safety Program. She has more than 20 years of legal experience, including practice in criminal defense, family law, and civil litigation, and is qualified by training and experience to serve in this capacity; and, WHEREAS, the Town Council finds it to be in the best interests of the Town of Avon to appoint the Honorable Courtney Holm as the Town of Avon’s Deputy Municipal Judge and Hearing Officer for purposes of AVIS and related enforcement proceedings under the SCEP. NOW, THEREFORE, BE IT RESOLVED BY THE AVON TOWN COUNCIL that: 1.The Honorable Courtney Holm is hereby appointed as Deputy Municipal Judge and Hearing Officer for the Town of Avon for purposes of presiding over hearings and related matters arising under the Town’s AVIS speed enforcement program and applicable municipal regulations under the SCEP; and, 2.This appointment shall be for a two (2) year term, commencing upon adoption of this Resolution and expiring on the date of the organizational meeting of the Town Council following the general municipal election held in 2028, unless earlier terminated by action of the Town Council. ADOPTED by the AVON TOWN COUNCIL on May 12, 2026 By: _________________________ Attest:___________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A 970-748-4446 mlabagh@avon.org Page 1 of 2 TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Michael Labagh, Recreation Director RE: Interviews and Appointments to Health and Recreation Committee DATE: May 1, 2026 SUMMARY: Five (5) vacancies became open on the Health and Recreation Committee in March 2026. Outgoing members are Kathy Ryan, Lisa Post, Courtney Walters Rawson and Sonia Martinez. Resolution 24-05 provides that Council may appoint five (5) to nine (9) Voting Members. As a result, the Council can appoint up to five (5) individuals to serve on the committee. The committee is advisory in nature, reviews, researches, and provides guidance on “healthy community” issues, community outreach and the design, programming and estimated cost of recreational facility improvements. Their role is more defined in Attachment B. BACKGROUND: The Ad Hoc Health and Recreation Committee was established by Resolution 19-16 in July 2019. In February 2022, Resolution 22-02 extended the Ad Hoc Health and Recreation Committee for two years, through January 31, 2024. On February 27, 2024, Council adopted Resolution 24-05, which established the Health and Recreation Committee as a permanent advisory board for the Town. The Health and Recreation Committee is comprised of five (5) to nine (9) voting members and two (2) non- voting members. A press release announcing the Town was seeking community members to serve on the Health and Recreation Committee was sent out on March 6, 2026, through the Town website / database, electronic newsletter, and social channels. I received six (6) applications for five (5) open seats on the Health and Recreation Committee. Two (2) applications were received after the April 3, 2026 deadline; however, Staff elected to include them since additional committee seats were still available, and Council interviews were delayed. Applicant information is provided in Attachment A. QUALIFICATIONS: Resolution 24-05 requires appointed, voting members of the Health and Recreation Committee be residents, property owners, or owners and employees of a business located in the Town of Avon. All applicants’ qualifications have been verified by Recreation Department staff. Appointments shall be made by Council in May 2026, or as soon as thereafter as possible, after posting notice to solicit interested persons. RECOMMENDATION: I recommend the Council consider following the selection process outlined directly below to interview and appoint five (5) individuals for two-year terms on the Health and Recreation Committee. SELECTION PROCESS: The applicants will be brought into the Council meeting, one-by-one, in the order applications were received, as follows: 1. Gregg Cooper – Retired Shareholder Representative 2. Lisa Post – Retired Internal Auditor, Vail Resorts 3. Kathy Ryan – Retired Recreation Professional 4. Kathleen Walsh – Ski Instructor, Vail Resorts 5. Michael Lindholm – Vice President, Traer Creek 6. Mildred Soza Torrez – Coordinator, Four Seasons Resort 970-748-4446 mlabagh@avon.org Page 2 of 2 After a brief introduction by each applicant and a summary of their interest to serve, Council will have time to ask each applicant questions prior to appointments. Up to 5 minutes per applicant is scheduled. After the six (6) applicants have had a chance to address the Council, there will be time for Council discussion. Council will then vote by ballot for their selected candidates. Once Councilors have cast their votes, the Town Clerk will tabulate the votes by each Councilor and announce which applicants received most votes to fill the vacancies. Council will then entertain a motion for the record to appoint any of the potential members to the Health and Recreation Committee. PROPOSED MOTION: “I move to appoint [Gregg Cooper, Lisa Post, Kathy Ryan, Kathleen Walsh, Michael Lindholm and/or Mildred Soza] to a two-year term on the Town of Avon Health and Recreation Committee.” Thank you, Michael ATTACHMENTS: Attachment A – Applicant Information Attachment B – Resolution 24-05 Establishing the Health and Recreation Committee as a Permanent Committee ATTACHMENT A ATTACHMENT B 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: The Summit Development Agreement DATE: 5/7/2026 SUMMARY: This report presents the Development Agreement for The Summit apartment project on Lot B along with a variety of other agreements which are related to the full implementation of this Development Agreement. Council may approve this agreement by motion. Review of this Development Agreement is scheduled for May 12, May 26 and June 9. Action on this Development Agreement on June 9th is anticipated and recommended because I will not be available for June 23rd Council meeting and Council does not meet again until July 28. The structure of the revenues, Avon’s financial contributions, financing, and internal accounting for the Avon DDA 50% contribution to Community Housing and past agreements with the Confluence Metropolitan District create a complex mosaic of revenue sources with different considerations, restrictions and timing. The overall proposal and structure works positively for the Town whereby all Town’s direct costs will be funded by the Use Tax and Property Tax paid by the developer (“Owner”). TERMS OF THE DEVELOPMENT AGREEMENT: The Development Agreement defines both the obligations of the Owner and obligations of the Town of Avon (“Avon”). The Owner’s obligations are categorized by obligations that are general and obligations to be completed before issuance of a building permit, before issuance of a Certificate of Occupancy, and on-going obligations for the life of the Project. Owner’s obligations include all the conditions in the Record of Decision. Term of the Development Agreement. The Term of the Development Agreement is for the life of the “Building” plus three years after the destruction or demolition of the Building to allow a reasonable period for reconstruction of the same Building. The extended Term of the Development Agreement is important because there is a list of Owner’s obligations regarding maintenance and compliance with different aspects of the Development Agreement which continue during the life of the Building. Owner’s General Obligations. A.Reasonableness. Both Owner and Avon have a general obligation to not withhold or unreasonably delay any review or approval required by the Agreement. B.Construction of Development. Owner is obligated to construct the Project. C.Indemnification. Owner is obligated to indemnify Avon for any legal claims arising from activities of the Owner. Owner’s Obligations Prior to Building Permit. A.Complete Design of the Community Space. Design of the Community Space must be finalized and materials specified before issuance of a building permit. The construction is only for the shell of the Community Space and does not include interior finishing. Page 2 of 11 B. Reciprocal Access Easement Agreement. Owner is required to demonstrate adequate agreements are executed with the developer of adjacent Lot 3 for the shared parking garage access ramp. C. Compliance with Agreement with Avon Center. Self-explanatory. D. Conveyance of Civic Plaza Easement. We discussed a fee simple conveyance, but there are so many encumbrances and agreements affecting Lot B that it would be very difficult to amend the various agreements and encumbrances affecting all of Lot B and it would be preferrable for Avon to simply accept an easement rather than taking title and becoming potentially liable or affected by the many agreements impacting Lot B. NOTE: We are verifying in the field that the easement area matches the pending Civic Plaza design from Stolfus, our Pedestrian Mall Designers. E. Easement for Heat Recovery Utility Line. This is an easement to run the Heat Recovery Utility Line through the first level of the parking structure to serve the Sun Road Redevelopment Area. The easement and expense of running this line will be provided credits towards the Exterior Energy Offset Program fees. F. Deed Restricted Housing Units. This obligation includes the requirement to deed restrict 4 employee housing mitigation units with maximum rent limited to 120% Area Median Income (“AMI”) and up to 14 two-bedroom units with maximum rent limited to 100% Area Median Income. Owner’s Obligations Prior to Certificate of Occupancy. A. Construction of Public Improvements. Owner is obligated to construct and install Public Improvements. “Public Improvements” include off-site public infrastructure improvements, which includes extension of the Heat Recovery Utility Line and reconfiguration of the south side of West Beaver Creek Boulevard to create two new vehicle access points and create a loading/delivery zone area in front of The Summit building. B. Construction of Community Space. This section addresses obligation to construct, Avon’s right to inspect, how any change orders are treated, and acceptance of warranties. NOTE: Exhibit C: Community Space needs more detail on the scope of the patio space to be constructed and dedicated to Town of Avon and on the specifications for construction and delivery of the interior shell. Adjustment to the graphic depiction is expected along with an accompanying written description of the minimum specifications for the commercial shell construction. C. Creation of Community Space. Owner is required to create a condominium plat and convey the ownership right of the Community Space (including the patio between the commercial space and the Avon Pedestrian Mall). D. Community Housing Deed Restrictions. Includes obligation to execute and record the Community Housing Deed Restrictions. NOTE: Forms of the Community Housing Deed Restriction prepared by the Town Attorney will be provided to the Owner prior to finalizing the Development Agreement. Council does not review the forms of the Community Housing Deed Restriction per the Avon Community Housing Policies. Page 3 of 11 E. Art Mural. Includes the obligation of Owner to propose an art mural to the CASE Committee, who then reviews and approves the Art Mural. Then Owner must install the art mural. Owner’s On-Going Obligations. A. Maintenance of Pedestrian Connection. Self-explanatory, similar to Gondola Plaza B. Maintenance of Outdoor Common Areas Landscaping and Hardscape. This is somewhat redundant with the general obligation to maintain landscaping and hardscape as part of an approved Development Plan. C. Maintenance of Art Mural. Self-explanatory. D. Outdoor Water Use. This is similar language to other Development Agreements that include details and limits on outdoor irrigation and water use. E. Maintenance of Parking Structure. This is a general obligation to maintain the parking structure. F. Parking Management Plan. Self-explanatory. G. Compliance with Avon Center Agreement. Self-explanatory. H. Compliance with Reciprocal Easement Agreement. Self-explanatory. Avon’s Obligations. A. Reasonableness. This is a reciprocal obligation to not withhold or unreasonably delay any required review or approval. B. Water Service. This is a general statement that Avon is agreeing to provide water from its water portfolio (i.e. within the Upper Eagle River Water Authority guarantee to serve 5282.45 Single Family Equivalents (“SFEs”). Avon’s master list of assignment of SFEs had designated 120 SFEs for Lot B. Actual development is 164 units plus the 4,000 sq.ft. Community Space. Avon has adequate surplus guaranteed SFEs to serve The Summit. Any future approvals of increased density for development or redevelopment that are above the assigned SFEs should include an analysis of the remaining guaranteed SFE commitment and ability to serve all properties currently zoned in Avon. The Upper Eagle Regional Water Authority has indicated interest in exploring the conversion of the guaranteed SFE commitment to Avon to a guaranteed quantity of consumptive use. Avon currently uses much less per SFE than the original consumptive use projections with our water rights, so a conversion to consumptive use has the potential to create a water service guarantee that far exceeds any reasonable scenario for density increases and up-zonings. C. Community Housing and Community Space Tax and Fee Waivers. The Community Housing and Community Space Tax and Fee Waivers are calculated by adding the Employee Housing Mitigation units (4) and Additional Community Housing units (14) and the Community Space (equivalent of 4 residential units) for a total of 22 equivalent residential units divided by 168 equivalent apartment units (164 plus the 4 equivalent units for the Community Housing) for a percentage tax and fee waiver of 13.1%. Page 4 of 11 D. Heat Recovery System. Avon’s obligation is to allow the Owner to connect to Avon’s Heat Recovery System. There is not a set formula for a credit provided by using the Heat Recovery System. The Owner is incurring costs to extend the Heat Recovery System line to the Lot B property, costs to install a heat exchange to use the Heat Recovery System to heat the parking garage, and costs to install the extension of the Heat Recovery System lines (send and return) through the parking structure to West Beaver Creek Boulevard. E. Community Housing Financial Contribution. The Community Housing Financial Contribution includes Avon’s obligation to provide $4,000,000 for Community Housing Deed Restriction which shall be in the form of Avon depositing the Use Tax payment when made into an escrow account and then Avon providing supplemental funds in an amount sufficient for $4,000,000 within 10 days of receiving the Use Tax payment. The estimated Use Tax payment is $2,000,000. The additional funds for the full $4,000,000 deposit is proposed to come from a combination of the Community Housing Fund and/or the unrestricted General Fund Reserves. Any supplemental funds from the unrestricted General Fund reserves would be considered an “advance” by the Town of Avon. Future tax increment from the Avon Downtown Development Authority would be remitted to the Town of Avon to reimburse the “advance” amount from the unrestricted General Fund reserves. SEE BELOW FOR MORE DISCUSSION OF FINANCIAL ARRANGEMENTS. F. Community Space Financial Contribution. Avon’s Community Space Financial Contribution of $6,000,000 is required to be deposited into the Escrow Account within 90 days of issuance of a building permit. Repayment would be through the tax increment generated by the Project. Avon expects to close on a loan through a local bank (probably Alpine Bank). Approval of loan documents is expected to require adoption of an ordinance, which requires 2 readings and 30 days to take effect. We believe we will be able to complete the loan approvals and close on the loan in approximately 60 days after issuance of a building permit. 90 days is specified to allow extra time if for any reason it takes longer than 2 Council meetings to approve the loan documents. Agreements with both the Avon Urban Renewal Authority and the Avon Downtown Development Authority are proposed to formalize that the tax increment from this project would be remitted to the Town of Avon for repayment of the loans. SEE BELOW FOR MORE DISCUSSION OF FINANCIAL ARRANGEMENTS. COMMUNITY SPACE INTERIOR FINISH: In addition to Avon’s Obligations in the Development Agreement, Avon will receive the Community Space as a commercial shell and will be responsible for interior finishing. This will include construction of public restrooms, a small kitchen/storage area for food and beverage service, a service counter, seating for the food and beverage operation, a counter with wash sink for the culture and arts flex space, and ample closet storage for tables, chairs, mobile walls, and supplies to support reconfiguration of the flex space and to support use by different non-profit and community groups. The preliminary estimated cost for interior finishing is $500,000 to $800,000 ($125- $200/sq.ft.) The commercial shell space will be provided with HVAC, plumbing stub-outs, venting connections, electrical within the exterior walls, exterior doors and windows, and 100% completion of the exterior patio and landscaping. Finance has reviewed the potential utility costs for the Community Space and anticipate these annual costs would range from $8,000 to $12,000. Future replacement costs for equipment included in the Community Space will have an immaterial effect on the Towns Equipment Replacement Fund. The Community Space will be finished in a “turn-key” condition for food and beverage operations and community use of the flex space. Revenues generated from the food and beverage operations are expected to exceed operational costs for the Community Space. Page 5 of 11 COMMUNITY SPACE PROGRAMMING: Danita and I have begun the process to consider programming for the Community Space, with particular attention to the construction of the commercial shell to allow interior finishing in a manner that maximizes efficiency and flexibility. Programming details will be further developed and refined over the next year with involvement by the CASE Committee. FUNDING CONTRIBUTIONS: Avon is contributing $4,000,000 for the purchase of Community Housing Deed Restrictions and $6,000,000 for the construction of the Community Space commercial shell, the adjacent patio and the dedicated parking spaces. A request for Eagle County to contribute $1,110,000 to supplement Avon’s contribution for Community Housing Deed Restrictions has been submitted and is pending review by the Board of County Commissioners of Eagle County. Avon is also receiving the benefit of the land lease for the Civic Plaza and the construction and public easement for a pedestrian connection between West Beaver Creek Boulevard and the Pedestrian Mall. The Owner’s financing requires Avon’s total contribution of $10,000,000 to be deposited and released during the construction of the Project. $4,000,000 Community Housing Financing. Avon is contributing $4,000,000 for the purchase of deed restrictions on “Additional Community Housing”. This contribution is expected to be matched with a contribution from Eagle County in the amount of $1,110,000, which will secure deed restrictions on 14 total two-bedroom apartments that restrict the maximum rent to 100% Area Median Income. The number of deed restricted units would be reduced to 11 if Eagle County ultimately does not contribute $1,110,000 to match Avon’s contribution. Financing for the purchase of Community Housing deed restrictions is not eligible for tax exempt financing; therefore, the proposed arrangement is for the Town to pay the $4,000,000 contribution with a combination of Use Tax paid on the property, available Community Housing funds, and the remainder from the General Fund unrestricted reserves. See discussion below on Project Revenues. $6,000,000 Community Space Loan. Paul Redmond has requested loan proposals from local banks. Paul and I have compared local bank loans to the cost and terms of a municipal bond issuance. We believe a local bank loan achieves better loans terms and can be completed with less cost. Alpine bank has offered to provide a $6,000,000 loan with these initial terms: 4.3% interest rate, 20 year term, pre-payment penalty, loan fees not to exceed $42,000, annual payment would be $450,000. The municipal bond issuance prospectus would be expected to achieve a 4.2% interest rate, but with higher transaction costs and an annual payment of $467,000, or $340,000 extra payment costs over the 20 year life of the loan. Paul and I considered a 25 year loan term, which is offered at the same interest rate and would result in a reduced annual payment of $396,000 per year and an increase in $900,000 in additional interest paid over the life of the loan. We believe the shorter 20 year term is preferrable to reduce the overall interest paid for this loan. Timing of Depositing Funds. Funds for both the Community Housing Deed Restrictions and the Community Space will be placed into an Escrow Account. The $4M Community Housing Deed Restricted funds will be placed into the Escrow Account with the Use Tax payment to be deposited immediately and the balance of the funds necessary for the $4M deposit to be deposited within 10 days of receipt of the Use Tax payment. The $6M Community Space funds will be placed into Escrow Account within 90 days of issuance of a building permit. Page 6 of 11 Release of Funds from Escrow Account. Funds would be released from the Escrow Account once the Owner has expended $40M on the construction of the project (to be verified by review of the construction contract and payments) AND Owner has secured sufficient construction financing to pay for the remainder of the construction. We anticipate that the release of funds from the Escrow Account may occur in spring or early summer of 2027. PROJECT REVENUES: Avon’s financial obligations would be paid for by the revenues generated from development of The Summit. This includes the Use Tax payment (paid at the time of pulling a building permit) and the “Tax Increment” generated by the project due to the increase in valuation. Use Tax. The total Project construction cost is estimated to be between $120M and $130M. The Use Tax payment is estimated based on $55M in value of construction materials. The actual value of construction materials could be higher after review of the building permit by Avon. The 4% Use Tax on $55M in construction materials equals a Use Tax payment of $2,200,000, which would be reduced by 13.1% to $1,911,800 as part of tax and fee waivers for the deed restricted units and the Commercial Space. Tax Increment. We are using $95M as the estimated new construction assessor’s valuation. We believe this is a conservative number and that the actual valuation may be slightly higher. The Community Space would be owned by Town of Avon and not included in the tax increment valuation. The remainder of the property would be assessed at the residential rate of 6.8%, which results in an estimated “assessed value” of $6,460,000. This assessed value is used for modelling of tax increment property tax revenues that will be generated by the construction of the Project. Avon URA & DDA. Avon established the Avon Urban Renewal Authority in 2006, including adoption of the West Town Center Investment Plan in 2007. The West Town Center Investment Plan is authorized to capture the tax increment for 25 years, or through calendar year 2032 with the final payment in fall of 2033. Avon also created a Downtown Development Authority in 2023, which includes the Property within its boundaries. These overlapping districts are unusual and I am not aware of another instance of a URA area overlapping a DDA area. The Avon Downtown Development Authority has the ability to capture 100% of the tax increment for thirty years, or through 2053 with the final tax increment payment in the succeeding year of 2054. NOTE: Downtown Development Authorities have the ability to extend the tax increment financing for two additional 10 year periods (that is the way the statutes are worded, it’s not 20 years) and the Avon DDA is allowed to continue capturing 50% of the tax increment during these extended periods. Extension of the Avon DDA beyond the initial 30 year term is not considered or included in the financial calculations in this report. General Property Tax. The Avon Urban Renewal Authority will capture the tax increment generated from the increased valuation of the development. For modelling purposes, we assume 10% of total valuation in 2026, 50% in 2027, and 100% in 2028. Property tax payments are remitted by the County to the taxing entities by the fall of the succeeding year. The general property tax mill levy in Avon (including all taxing entities except Avon Station/Confluence Metro Districts) is 56.792 mills. This results in an estimated annual tax increment payment of $366,876. This amount is used for the remaining duration of the Avon URA West Town Center Investment Plan (through 2032) and for the remaining duration of the Avon Downtown Development Authority (through 2053). Page 7 of 11 Confluence and Avon Station Metropolitan Districts. The Confluence and Avon Station Metropolitan Districts were formed during the development of the Westin Hotel and Riverfront Planned Unit Development project. The Confluence Metro District is the “service district” that includes the Riverfront Planned Unit Development area and Lot B. Avon Station is the “control district” that includes a small parcel of land in which East West Partners control who may be a property owner with an undivided interest. Lot 3 of Sheraton Mountain Vista had a separate agreement and provided financial contributions over a period of time, but that agreement has expired. Confluence Metro District imposes a 55-mill property tax, consisting of 23 mills for operations and 32 mills for repayment of debt. Avon also has payment obligations related to the Westin Gondola and associated facilities, including: (1) contributions toward Westin Gondola operations ($301,336 in 2026) and (2) contributions toward the operation and maintenance of the Gondola Plaza and public restrooms ($62,828 in 2026). The Avon Urban Renewal Authority previously approved an intergovernmental agreement with the Confluence/Avon Station Metro Districts to remit the tax increment funds collected under the Confluence/Avon Station Metro Districts mill levy. Avon approved a similar agreement in 2023 for the Avon Downtown Development Authority to remit the tax increment revenues received under that mill levy. Avon Town Council approved Ordinance 2006-03, which approved an Amended and Restated Development Agreement for the Confluence Planned Unit Development (the name before Riverfront). The Confluence development agreement states in Section 5.4 that Avon’s payment obligations for the Gondola operations and the Gondola Plaza and Restroom shall be decreased on a dollar for dollar basis in the amount of new property tax revenues from Lot B generated by the Operating Mill Levy. Discussions and negotiations with Confluence/Avon Station Metro District have resulted in an agreement that allows the Avon Urban Renewal Authority to retain BOTH the Debt Milly Levy and the Operating Mill Levy through the remaining life of the Avon URA West Town Center Investment Plan and for the Avon Downtown Development Authority to retain the revenue from the Operating Mill Levy through the initial 30 year life of the Avon DDA. The revenue from the Debt Mill Levy is additional revenue that the current agreements do not provide. The revenue from the Operating Mill Levy is simply a re-allocation of the reduced payments from Avon’s General Fund that would occur under the existing agreement, which are structured to be reallocated to the Avon URA and Avon DDA. CASH FLOW AND FINANCING: The proposed financing structure is for Avon to advance the $4M for the Community Housing and to execute a loan for the $6M for construction of the Community Space. Again, this is proposed because expenditures for Community Housing Deed Restrictions are not eligible for tax exempt financing, while the $6M expenditure for construction of the Community Space is eligible for tax exempt financing. The recently quoted interest rate for a taxable 20 year bond is 5.82%, or 1.52% higher than the private loan at 4.3% interest that is offered to Avon. All the revenues received the Avon URA tax increment can be spent on the Community Space (as well as other improvements and investments in the West Town Center Investment Plan area). At least 50% of the revenues from the Avon DDA must be spent on Community Housing. The annual debt service for the $6M loan is $450,000 with the first payment due in 2027. Projected tax increment will ramp up in 2027 and 2028 to an estimated full valuation increment in 2029 that amounts to Page 8 of 11 $722,176 per year. From 2034 through the end of the initial term of the Avon DDA the estimated full valuation increment without the Confluence Debt Mill Levy amounts to $515,456 per year. Cash flow and use of funds are shown in tables below. Under this model, Avon would “advance” some funds before tax increment revenues are received, and therefore, internal “reimbursement agreements” are proposed so use our internal funds as temporary financing rather than taking out larger loans. Alpine Bank can consider a loan where the first payment is not made until the 3rd year, but that would result in accrued interest for two years thereby increasing the original loan amount of $6M by $516,000, and then increasing the annual payment amounts over the remaining 18 years. Avon URA Projected Revenues. Avon URA General Mill $ 2,054,507.39 Confluence Operating Mill (23 mills) $ 832,048.00 Confluence Debt Mill (32 mills) $ 1,157,632.00 TOTAL $ 4,044,187.39 Loan Payments (7 payments, $450,000 per year) $ 3,150,000.00 Remaining $ 894,187.39 This Avon URA revenue projection shows that Avon can afford the first 7 years of loan payments and afford to complete interior finishing up to $894,000. Avon will not receive sufficient tax increment in years 2027 and 2028 for the annual loan payment or the cost of interior finishing. The proposal is that Avon would use unrestricted General Fund reserves or available Capital Improvement Project Fund balances during years 2027 and 2028 and would then reimburse such Fund used as the tax increment is received. This would be documented with an Intergovernmental Agreement between the Avon URA and the Town of Avon whereby the Avon URA agrees to pledge and remit its Tax Increment funds to the Town of Avon. Avon DDA Projected Revenues (2034 through 2046). Avon DDA General Mill $ 4,769,392.16 Confluence Metro District Operating Mill $ 1,931,540.00 TOTAL $ 6,700,932.16 Loan Payments (13 payments, $450,000 per year) $ 5,850,000.00 Remaining $ 850,932.16 This Avon DDA revenue projection shows that Avon can afford the remaining 13 years of the loan payments during the remaining 20 year term. Avon DDA Projected Revenues (2047 through 2054). Avon DDA General Mill $ 2,935,010.56 Confluence Metro District Operating Mill $ 1,188,640.00 TOTAL $ 4,123,650.56 Page 9 of 11 Avon DDA Community Housing Commitment. The calculations of the total Avon DDA revenue, the 50% calculation for Community Housing, and the available Avon DDA funds after payment of the Community Space loan are provided as follows: Total DDA Revenues DDA General Mill $ 7,704,403 DDA Confluence Metro District Operating Mill $ 3,120,180 TOTAL $ 10,824,583 50% for Com Housing $ 5,412,291.36 DDA Available Revenues after Loan Payments 2034 – 2046 $ 850,932.16 2047 – 2054 $ 4,123,650.56 TOTAL $ 4,974,582.72 DIFFERENCE $ 437,708.64 The proposed agreement between the Town of Avon and Avon DDA would specify all the DDA tax increment revenues to be applied to the repayment of the Community Space loan annual payment first, then the remaining balance would be allocated for Community Housing. Technically, the Confluence Metro District Operating Mill is additional tax increment funds for the Avon DDA that is re-allocating these funds from a reduction of Avon payments from the General Fund (per the 2006 Confluence PUD Development Agreement) to the Avon DDA. Town of Avon/Avon URA/Avon DDA Agreements. Two intergovernmental agreements between the Town of Avon and the Avon URA and the Town of Avon and the Avon DDA are prepared which would stipulate that the tax increment revenues generated from The Summit Project will be remitted to the Town of Avon through 2054. This arrangement is proposed to clearly designate these revenues for the Project and to simplify accounting and tracking. TOTAL PROJECT REVENUES & COSTS: This is a summary of the estimated total Project revenues from 2027 through 2054: Total Project Revenues Use Tax $ 1,911,800 URA General Mill $ 2,054,507 URA Confluence Operation Mill $ 832,048 URA Confluence Debt Mill $ 1,157,632 DDA General Mill $ 7,704,403 DDA Confluence Operation Mill $ 3,120,180 TOTAL $ 16,780,570 Total Costs Community Space Loan $ 6,000,000 Interest on Loan for Community Space $ 3,000,000 Interior Finish $ 800,000 Community Housing $ 4,000,000 TOTAL $ 13,800,000 Page 10 of 11 The Project is estimated to generate $2,980,570 of revenues in excess of Avon’s direct costs over the life of the Avon URA and Avon DDA tax increment financing period. This revenue and cost projection DOES NOT include building permit fees (estimated at $800,000), Avon water tap fees (estimated at $672,000), and Avon Real Estate Transfer Tax (estimated at $150,000). FINANCIAL SUMMARY: The proposed financial structure results in coverage of Avon’s direct costs and a projected surplus of $2,980,570. The agreement with Confluence Metropolitan District to allocate the Operating Mill Levy to the Avon URA and Avon DDA (rather than a reduction of Gondola/Plaza/Restroom payments from Avon’s General Fund) and to allocate the Debt Mill Levy to the Avon URA provides positive cash flow for all but the first several years of the Project. The total estimated revenue from the Confluence Operating Mill Levy is $3,952,228. PUBLIC IMPROVEMENTS AGREEMENT: The Public Improvements Agreement is for the completion of improvements on West Beaver Creek Boulevard (two access points and reconfiguration of a landscape area into a loading/delivery zone in front of The Summit building) and the extension of the Heat Recovery System utility line from the Avon Recreation Center and then through the Project to serve the future Sun Road Redevelopment Area. The form of the Public Improvements Agreement is based on our standard template. The requirement to provide security for completion of the Public Improvements has been deleted because the Town has significant leverage to insure completion with issuance of a Certificate of Occupancy. Town is preparing the designs for extension of the Heat Recovery System utility line because this is unique and specialized and we already have CDM Smith engaged with evaluation of the system and expansion of the system to serve new uses. REMAINING DETAILS TO FINALIZE: Significant progress has been made to prepare the Development Agreement and related documents and agreements to fully implement the Development Agreement. The remaining documents and details to be finalized include: 1. Verify Civic Plaza Easement and Finalize the Parcel Description for recording – Exhibit B. 2. Include additional details and specifications for the Community Space – Exhibit C. 3. Finalize the engineering drawings for the Public Improvements Agreement – Exhibit G. 4. Revise the Parking Management Agreement or reference to the Parking Management Agreement to confirm Town of Avon’s ability to enforce – Exhibit H. RECOMMENDATION: I recommend continuance of The Summit Development Agreement review to the May 26, 2026 Council meeting or June 9, 2026 Council meeting to allow more time for Council review, questions and direction and to allow additional time to finalize outstanding details discussed above. If Council finds the documents presented at this May 12, 2026 meeting to be in order and acceptable then I would suggest continuing to June 9, 2026 to allow the time to finalize the documents and details that are outstanding as described above. PROPOSED MOTION: I move to continue review consideration of The Summit Development Agreement to (May 26, 2026 or June 9, 2026). Thank you, Eric Page 11 of 11 ATTACHMENT A: Confluence and Avon Station Metro District diagram ATTACHMENT B: Development Agreement DRAFT ATTACHMENT C: Confluence and Avon Station Intergovernmental Agreement ATTACHMENT D: Town of Avon and Avon Urban Renewal Authority Intergovernmental Agreement ATTACHMENT E: Town of Avon and Avon Downtown Development Authority Intergovernmental Agreement ATTACHMENT A 1 6637119.7 THE SUMMIT DEVELOPMENT AGREEMENT THIS THE SUMMIT DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of _______, 2026 (“Effective Date”) by and between GP Avon Developer, LLC, a Delaware limited liability company (together with its successors and assigns, “Owner”) and the Town of Avon, a home rule municipal corporation of the State of Colorado (“Avon”) (Owner and Avon may be referred to individually as “Party” and collectively as “Parties”). RECITALS This Agreement is made with reference to the following facts: A.Initially capitalized words and phrases used in this Agreement have the meanings set forth in Section I; B.The Owner owns the approximately 1.7-acre real property located in Avon and legally described in Exhibit A attached hereto and incorporated herein (the “Property”); C.The Owner submitted to Avon a Major Development Plan (File No. MJR25003) application (“Major Development Plan”) and Development Bonus (File No. DEB25001) application (“Development Bonus”) for the development of a 164-unit residential project and an approximate 4,000-square foot commercial community space on the Property referred to as “The Summit”; D.Public Hearings were held by the Avon Planning and Zoning Commission on November 17, 2025 and December 8, 2025 and held by Avon Town Council (“Council”) on January 13, 2026, February 10, 2026, and March 10, 2026; E.Council approved the Major Development Plan and the associated Development Bonus applications on March 10, 2026 with certain conditions, as set forth in the Findings of Fact and Record of Decision; F.Avon and the Owner each have various obligations which must be coordinated for the successful development of The Summit, including but not limited to design, financing, construction, property conveyances, and execution of various legal documents concerning ownership, Community Housing Deed Restrictions and other matters affecting title to the Property and the rights of the Parties; and G.Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policies and goals set forth in the Avon Comprehensive Plan and will specifically implement goals and strategies of the Avon Urban Renewal Authority West Town Center Investment Plan, the Avon Downtown Development Authority Plan and the Avon Community Housing Plan. ATTACHMENT B 2 6637119.7 AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions, covenants and mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and Avon agree as follows with respect to development of the Property: I. DEFINITIONS A. $4,000,000 Contribution has the meaning set forth in Section IX.D.1. B. $6,000,000 Contribution has the meaning set forth in Section IX.D.1. C. Additional Community Housing Units means the fourteen (14) Community Housing Units which are in addition to the four (4) Employee Mitigation Units. D. Agreement has the meaning set forth in the introductory paragraph of this Agreement. E. AMI means Area Medium Income as reported by CHFA. F. Avon has the meaning set forth in the introductory paragraph of this Agreement. G. Avon Center Agreement means the Amended and Restated Consolidated Agreement by and between the Owner and Avon Center at Beaver Creek – I Homeowners Association, to be recorded in the Eagle County clerk and recorder’s office contemporaneously with the Effective Date. H. Avon Community Housing Policies means the Avon Community Housing Policies adopted by Avon and amended from time to time. I. Avon Contributions has the meaning set forth in Section XI.L. J. Building means the mixed-use building to be constructed on the Property as part of the Development. K. CASE Committee has the meaning set forth in Section VI.E.1. L. Certificate of Occupancy means the earlier of a temporary certificate of occupancy or a final certificate of occupancy issued for the Development by the Town. M. CHFA means the Colorado Housing and Finance Authority. N. Civic Plaza means the area of the Development between the Avon Town Hall and Pedestrian Mall as depicted in Exhibit B to be constructed as a civic plaza in accordance with the Development Plan. O. Community Housing means Community Housing as defined in Municipal Code Section 3.14.020 subject to specific terms defined in this Agreement. 3 6637119.7 P. Community Housing Deed Restriction(s) means the form of a Community Housing Deed Restriction prepared and approved by Avon which is consistent with the terms in this Agreement and which references and incorporates the Avon Community Housing Policies. Q. Community Housing Financial Contribution has the meaning set forth in Section VIII.E. R. Community Space means the approximately 4,000-square foot commercial space to be located on the ground floor of the Building and appurtenant use rights over the adjacent patio and landscape area between such commercial space and the Pedestrian Mall as depicted in Exhibit C. S. Community Space Financial Contribution has the meaning set forth in Section VIII.F. T. Council has the meaning set forth in Recital D. U. Deed Restricted Housing Units means, collectively, the Employee Mitigation Units and the Additional Community Housing Units. V. Deferred Contribution has the meaning set forth in Section IX.D.3. W. Development means the development of the Property in accordance with the Development Plan, including the Building structure, shared parking structure access ramp, landscaping, patios, walkways, signage, and Public Improvements. X. Development Bonus has the meaning set forth in Recital C. Y. Development Plan means the Major Development Plan and the associated Development Bonus, subject to the conditions stated in the Findings of Fact and Record of Decision. Z. Effective Date has the meaning set forth in the introductory paragraph of this Agreement. AA. Employee Mitigation Units means the four (4) Community Housing units which are required by the Municipal Code and which are calculated, defined and required in the Development Plan to mitigate the housing for employees generated by the Development. BB. Escrow Account means the Escrow Account established by the Escrow Agreement and for which Land Title Guarantee Company is the escrow agent. CC. Escrow Agreement means the Escrow Agreement set forth in Exhibit I which specifies the terms for receipt and disbursement of Avon’s financial obligations for the construction of the Community Space and for the Community Housing Deed Restrictions. 4 6637119.7 DD. Findings of Fact and Record of Decision means Council’s Findings of Fact and Record of Decision for the Development Bonus and Major Development Plan attached as Exhibit F. EE. Major Development Plan has the meaning set forth in Recital C. FF. Mediator has the meaning set forth in Section IX.F. GG. Municipal Code means the Avon Municipal Code, including the Avon Development Code, as may be amended from time to time. HH. Owner has the meaning set forth in the introductory paragraph of this Agreement. II. Party/ies has the meaning set forth in the introductory paragraph of this Agreement. JJ. Pedestrian Connection means the ten (10)-foot wide public pedestrian path connection between the public sidewalk on West Beaver Creek Boulevard and the Pedestrian Mall as depicted in Exhibit D. KK. Pedestrian Mall means the Avon Pedestrian Mall located on a portion of Tract G and generally running from Possibility Plaza to Mikaela Way and then to Lake Street. LL. Property has the meaning set forth in Recital B. MM. Public Improvements means the improvements on West Beaver Creek Boulevard to provide vehicle access to the parking garage ramp, to the surface parking area, and the reconfiguration of West Beaver Creek Boulevard to create a loading zone/delivery area and the extension of the heat recovery utility line to the Property, all as further defined in the Exhibit G. NN. Reciprocal Access Easement Agreement means that certain Reciprocal Access Easement Agreement recorded in the Eagle County clerk and recorder’s office on November 16, 2000 at Reception No. 744155. OO. SFEs has the meaning set forth in Section VIII.B. PP. TABOR has the meaning set forth in Section XI.L. QQ. Term means the Term as defined in Section III. II. EXHIBITS A. EXHIBIT A: Legal Description of the Property B. EXHIBIT B: Civic Plaza Description C. EXHIBIT C: Community Space 5 6637119.7 D. EXHIBIT D: Pedestrian Connection E. EXHIBIT E: Designation of Deed Restricted Units F. EXHIBIT F: Findings of Fact and Record of Decision G. EXHIBIT G: Public Improvements Agreement H. EXHIBIT H: Parking Management Plan I. EXHIBIT I: Escrow Agreement III. TERM A. The “Term ” of this Agreement shall commence on the Effective Date of this Agreement and shall continue after construction of the Building for so long as the Building continues to exist and for three (3) years after such time the Building no longer exists on the Property. In the event the Building is destroyed, or partially destroyed, by fire or other calamity and then reconstructed within three (3) years, such reconstructed building shall be deemed the Building and this Agreement shall continue in full force and effect until three (3) years after the reconstructed Building no longer exists. The Parties may terminate this Agreement earlier by mutual written agreement signed by both Parties and recorded in the Eagle County clerk and recorder’s office. IV. OWNER’S GENERAL OBLIGATIONS Owner has the following general obligations: A. Reasonableness. Owner has a general obligation to not withhold or unreasonably delay any review or approval required in this Agreement. B. Construction of Development. The Owner has a general obligation to construct the Development substantially in accordance with the details and specifications set forth in the Development Plan and the terms of this Agreement. Such obligation shall include, but not be limited to, completing all designs and engineering, retaining a suitable contractor, making commercially reasonable efforts to secure necessary financing, and finalizing and executing all agreements that may be necessary for the construction and completion of the Development. This obligation shall commence upon the Effective Date and continue until the issuance of a Certificate of Occupancy. C. Indemnification. Owner shall indemnify, hold harmless, and defend Avon from any legal claims or claims of damages arising from the design, financing, contracting, construction or general development of the Development, except to the extent such claims arise in whole or part from acts of negligence of Avon. The obligations set forth in this Section IV.C shall survive the expiration of earlier termination of this Agreement. 6 6637119.7 V. OWNER’S OBLIGATIONS PRIOR TO ISSUANCE OF BUILDING PERMIT Owner has the following obligations which must all be completed and fully satisfied prior to the issuance of a building permit for the Development: A. Complete Design of the Community Space. As of the Effective Date, Owner has coordinated with Avon to complete and finalize the design of the Community Space, which design level is generally referred to as a “commercial shell” and includes the perimeter walls, exterior doors, windows (including a minimum of one 16’ full length window wall opening), shaft to connect to equipment provided on the roof for heating and cooling, exterior exhaust for restrooms and food and beverage area, electrical lines stubbed to space and sufficient for intended uses including electrical service sufficient for food and beverage operations, exterior electrical outlets to serve the patio area, connections for water and waste water, fiber optic connection, chute to trash room in the first level of the parking structure, open ceiling, and exterior water spigot adjacent to the patio. B. Reciprocal Access Easement Agreement Supplement. The Owner shall execute a supplemental agreement to the Reciprocal Access Easement Agreement with the owner of Lot 3, Sheraton Mountain Vista subdivision, in a form reasonably satisfactory to Avon, that addresses the location, installation, and ongoing maintenance of the heating system for snow melt in the Development’s parking structure. C. Agreement with Avon Center. Owner shall execute the Avon Center Agreement and comply with the terms set forth therein. D. Conveyance of Civic Plaza Easement. The Owner shall prepare the legal description for the Civic Plaza and grant Avon a perpetual non-exclusive easement over the Civic Plaza via a separate document mutually agreed upon by the Owner and Avon and recorded in the Eagle County clerk and recorder’s office. The Civic Plaza configuration shall coordinate with the Pedestrian Mall design and which shall be subject to review and approval by Avon. The Parties shall work together to coordinate and align the designs and plans for the Owner’s landscape, the Pedestrian Mall, and the Civic Plaza; provided, however, that completion of Avon’s designs and plans and/or complete alignment of the design shall not impede or delay Avon’s issuance of a building permit to the Owner for the Development. E. Easement for Heat Recovery System Utility Line. Owner shall provide Avon an easement to extend the heat recovery system utility line through the Property to West Beaver Creek Boulevard in a form that includes the location and route of the utility line that is mutually acceptable to Avon and the Owner. 7 6637119.7 VI. OWNER’S OBLIGATIONS PRIOR TO CERTIFICATE OF OCCUPANCY Owner has the following obligations which must all be completed and fully satisfied prior to the issuance of a Certificate of Occupancy for the Development: A. Construction of Public Improvements. The Owner shall cause the construction of the Public Improvements in accordance with the Public Improvements Agreement in Exhibit G. B. Construction of Community Space. The Owner shall construct the Community Space and appurtenant improvements as described in Exhibit C. 1. Inspections. Avon shall have the right to inspect the construction of the Community Space to determine compliance with the approved designs. 2. Change Orders. If Avon requests design changes from the Community Space designs approved by Avon prior to issuance of a building permit then Avon shall be responsible for the cost of design and construction of such change. Owner may refuse change orders if such change order would unreasonably frustrate or delay the construction of the Development. 3. Approval and Acceptance. Avon shall have the right to approve and accept the completed construction of the Community Space which shall be constructed in accordance with building permit plans or with such changes as may be approved or requested by Avon. 4. Construction Contracts. Avon shall be listed as additional insured in any Development construction contract. 5. Assignment of Warranties. Where possible, the Owner shall assign any assignable warranties from the Development construction contract for the Community Space to Avon upon issuance of a Certificate of Occupancy. C. Creation of Community Space. Owner shall prepare a condominium or planned community map or plat for the Development for review and approval by Avon which depicts the Community Space as a separate unit and the four (4) designated parking spaces associated with the Community Space as limited common elements allocated to such unit, and shall prepare associated owners association covenants (aka declaration of covenants, conditions and restrictions) which shall address dues and fees for operation, maintenance and replacement, shall define division of responsibilities and shall define Avon’s rights as an owner in an Owners’ Association. Avon shall waive all application, plan review, and impact fees (if any) associated with the creation of such condominium or planned community map or plat. 8 6637119.7 D. Deed Restricted Housing Units. 1. Employee Mitigation Units. The Development shall include a total of four (4) Employee Mitigation Units, which shall be apartment unit numbers. 404, 417, 419, and 426 (such units are depicted as the hatched apartment units on the Overall 4th Level Plate Plan set forth in Exhibit E), or such other apartment units as may be periodically reconfigured and/or redesignated upon mutual agreement of the Owner and Avon Town Manager. The Employee Mitigation Units shall be subject to a Community Housing Deed Restriction with the following terms: (a) The maximum allowable rent that can be charged is 120% AMI as reported by CHFA; (b) Any future sale of any Employee Mitigation Unit, if sold as a separate unit and not as part of a sale of the entire residential portion of the Development, shall be sold at price not to exceed 120% AMI, as set forth in the Community Housing Deed Restriction, and shall be subject to restriction on appreciation of the sales price for future resales as defined in the Community Housing Deed Restriction; and, (c) The Avon Community Housing Policies shall be referenced and shall apply to the extent they are not inconsistent with the terms of this Agreement. 2. Additional Community Housing Units. There shall be a total of fourteen (14) Additional Community Housing Units which shall be apartment unit numbers 117, 119, 204, 208, 210, 217, 219, 226, 304, 308, 310, 317, 319, and 326 (such units are depicted as the hatched apartment units on the Overall Entry, 2nd, and 3rd Level Plate Plan set forth in Exhibit E), or such other apartment units as may be periodically reconfigured and/or redesignated upon mutual agreement of the Owner and Avon Town Manager. The Additional Community Housing Units shall be subject to a Community Housing Deed Restriction which limits the maximum rent charged to 100% AMI as reported by CHFA. (a) The maximum allowable rent that can be charged is 100% AMI as reported by CHFA; (b) Any future sale of any Additional Community Housing Unit, , if sold as a separate unit and not as part of a sale of the entire residential portion of the Development, shall be sold at price not to exceed 100% AMI, as set forth in the Community Housing Deed Restriction, and shall be subject to restriction on appreciation of the sales price for future resales as defined in the Community Housing Deed Restriction; and, 9 6637119.7 3. The Avon Community Housing Policies shall be referenced and shall apply to the extent they are not inconsistent with the terms of this Agreement. E. Community Housing Deed Restrictions. Owner shall execute the Community Housing Deed Restrictions for the Employee Mitigation Units and the Additional Community Housing Units and then deposit the Community Housing Deed Restrictions in the Escrow Account. F. Art Mural. Owner shall finalize the design of an art mural that is approximately eight hundred (800) square feet in size and twenty-one (21) feet wide by thirty-nine (39) feet tall and generally in the location depicted in the Development Plan. The Owner shall install such art mural as follows: 1. CASE Committee Review. Owner shall submit an application to Avon’s Culture Arts and Special Events Committee (“CASE Committee”) which provides a depiction of the art mural and describes the method of installation (paint or vinyl). The CASE Committee shall review and approve the art mural. 2. Installation. Owner shall cause the art mural to be installed as approved by the CASE Committee. VII. OWNER’S ON-GOING OBLIGATIONS Owner has the following obligations which continue after the issuance of Certificate of Occupancy for the Development: A. Maintenance of Pedestrian Connection. Owner shall have an on-going obligation to maintain the Pedestrian Connection, including prompt removal of snow and other debris and general maintenance of the Pedestrian Connection path in good repair. Owner hereby covenants that the Pedestrian Connection shall be open and accessible for use by the general public, except reasonable times for maintenance, repair, and replacement. Avon is a beneficiary and shall have the right to enforce this covenant. B. Maintenance of Outdoor Common Area Landscaping and Hardscape. Owner shall have an on-going obligation to maintain the outdoor landscaping and hardscape improvements as generally required for all properties in Avon with an approved Development Plan. C. Maintenance of the Art Mural. Owner shall have on-going obligation to maintain the art mural in good repair or replace the art mural with substantially the same design and color when repair is not practical or feasible. D. Outdoor Water Use. The Property has an irrigation limitation of 16,117 square feet of landscaped area as approved in the Development Plan. Owner shall install a manual shut-off valve and separate irrigation meter pursuant to Municipal Code Section 7.28.050(m)(7)(i)(B) and (D). Owner shall not exceed the maximum 10 6637119.7 allowable outdoor water use limit for the Development as established by the Upper Eagle Regional Water Authority’s Water Service Agreement. Avon reserves the right to determine a different maximum allowable outdoor water use limit as well as reserves the right to curtail water use through fines, penalties and other enforcement actions during drought conditions in a manner that is generally applicable in the Town of Avon. E. Maintenance of Parking Structure. Owner shall have an on-going obligation to cause the maintenance of the parking structure, including prompt removal of debris, annual pressure wash cleaning, and repair of any components of the parking structure which affects the structural integrity or functionality of the parking structure. F. Parking Management Plan. The Owner shall comply with the Parking Management Plan set forth in Exhibit H. G. Compliance with Avon Center Agreement. Owner shall comply with the terms set forth in the Avon Center Agreement, which obligation shall commence upon the Effective Date and shall continue until the earlier to occur of (1) expiration of the Term or (2) expiration or termination of the Avon Center Agreement. H. Compliance with Reciprocal Access Easement Agreement. The Owner shall comply with all terms set forth in the Reciprocal Access Easement Agreement. I. Insurance. The Owner shall obtain and maintain an insurance policy for the replacement of the Building in the event of a fire or other casualty. VIII. AVON’S OBLIGATIONS A. Reasonableness. Avon (including the CASE Committee and all other committees, departments, and instrumentalities of Avon) has a general obligation to not withhold or unreasonably delay any review or approval required in this Agreement. B. Water Service. Avon agrees to assign adequate single-family equivalents (“SFEs”) necessary to serve the entire Project with water from Avon’s portfolio of guaranteed SFEs described in Avon’s agreement with the Upper Eagle Regional Water Authority. C. Community Housing Tax and Fee Waivers. Avon approves tax and fee waivers in accordance with Municipal Code Chapters 3.09 and 3.14 as follows: 1. Waiver Calculation. The waiver in accordance with Municipal Code Chapter 3.14 is calculated as 13.1% based on the equivalent of 22 total Community Housing units [14 Additional Community Housing Units + 4 Employee Mitigation Units + the Community Space equivalent of 4 Community Housing units = 22] divided by 168 equivalent apartment units [164 apartment units + 4 equivalent apartment units for the Community Space = 168]. 11 6637119.7 2. Building Permit and Plan Review Fees. Avon agrees to waive 13.1% of the building permit and plan review fees as calculated for the entire Development. 3. Use Tax . Avon agrees to waive 13.1% of the Use Tax calculated for the entire Development. D. Heat Recovery System Utility Line; Exterior Energy Offset Program. Avon shall permit the Property to connect to Avon’s existing heat recovery system utility line at no additional cost to the Owner, and Avon shall grant such license(s) or easement(s) necessary to facilitate such connection. Avon agrees to waive all Exterior Energy Offset Program fees for the Project. E. Community Housing Financial Contribution. Avon shall contribute a total of FIVE MILLION ONE HUNDRED TEN THOUSAND DOLLARS (US $5,110,000) for the purchase of fourteen (14) Community Housing Deed Restrictions (“Community Housing Financial Contribution”) as follows: 1. The Use Tax paid at the time of receiving a building permit for the Development shall be deposited into the Escrow Account in accordance with the Escrow Agreement. 2. Avon shall contribute additional funds to the Escrow Account to supplement the amount of the Use Tax paid in the amount sufficient to provide FOUR MILLION DOLLARS (US $4,000,000) total as Avon’s contribution for the purchase of eleven (11) of the Community Housing Deed Restrictions within ten (10) business days of deposit of the Use Tax. 3. Provided that Eagle County provides such funds to Avon, Avon shall contribute an additional ONE MILLION ONE HUNDRED TEN THOUSAND DOLLARS (US $1,110,000) to the Escrow Account, as Avon’s contribution for the purchase of three (3) of the Community Housing Deed Restrictions, within ten (10) days of issuance of a Certificate of Occupancy. 4. The total funds for Community Housing deposited in the Escrow Account pursuant to Sections VIII.E.1 and VIII.E.2 shall be released and disbursed to the Owner, and may thereafter be used by the Owner to pay or reimburse costs of the Development, at such time as the Owner provides evidence reasonably satisfactory to Avon that: (a) not less than FORTY MILLION DOLLARS (US $40,000,000.00) of the Owner’s funds have been spent on the cost of the Development; and (b) the Owner has secured the remaining funds necessary to construct the Development, based on the guaranteed maximum price set forth in the Development’s construction contract. 5. The funds for Community Housing deposited in the Escrow Account pursuant to Section VIII.E.3 shall be released and disbursed to the Owner, and may thereafter be used by the Owner to pay or reimburse costs of the 12 6637119.7 Development, concurrently with the execution of the Community Housing Deed Restriction for three (3) units at a closing to be held within ten (10) days after such funds are deposited into the Escrow Account. F. Community Space Financial Contribution. Avon shall contribute a total of SIX MILLION DOLLARS (US $6,000,000) for the construction of the Community Space (“Community Space Financial Contribution”) as follows: 1. Avon shall secure financing and/or appropriate available cash funds at Avon’s discretion, adopt an ordinance as may be required, amend the Avon budget as may be required, and deposit SIX MILLION DOLLARS (US $6,000,000) into the Escrow Account within ninety (90) days of issuance of a building permit for the Development. 2. The total funds for the Community Space Financial Contribution in the Escrow Account contemplated in this Section VIII.F shall be released and disbursed to the Owner, and may thereafter be used by the Owner to pay or reimburse costs of the Development, at such time as the Owner provides evidence reasonably satisfactory to Avon that: (a) not less than FORTY MILLION DOLLARS (US $40,000,000.00) of the Owner’s funds have been spent on the cost of the Development; and (b) the Owner has secured the remaining funds necessary to construct the Development, based on the guaranteed maximum price set forth in the Development’s construction contract. G. Temporary Certificate of Occupancy. Notwithstanding anything in this Agreement to the contrary, and provided the Owner otherwise agrees to promptly complete the unfinished work outlined below, Avon shall issue a temporary certificate of occupancy for the Development and permit residents to move into the Building, if: 1. The Owner has substantially completed the construction of the Public Improvements and the remaining work does not create a safety hazard; 2. The Owner is unable to complete the road work portion of the Public Improvements because it is during a period where Avon does not permit work within the roadway; 3. The Owner has substantially completed the construction of the Community Space and the remaining work does not create a safety hazard; or 4. It is not feasible to complete the art mural due to weather or other unforeseen events. IX. DEFAULT, REMEDIES AND TERMINATION A. Default by Avon. A “breach” or “default” by Avon under this Agreement shall be defined as Avon’s failure to perform any of its material obligations under this Agreement, after the applicable cure period described in Section IX.C, below. 13 6637119.7 B. Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s failure to fulfill or perform any of its material obligations contained in this Agreement following the applicable cure period described in Section IX.C below, or the Owner’s failure to fulfill or perform any material obligation of the Owner contained in any other written agreement relating to the Property between Avon and the Owner following any applicable cure period contained in such agreement. C. Notices of Default. In the event of a default by either Party under this Agreement, the non-defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified in Section X, and the defaulting Party shall have five (5) days for monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that with the exercise of reasonable diligence can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non-defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred twenty (120) days given the nature of the default to cure such default, or such longer period if mutually agreed by the Parties, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. D. Remedies for Default by Avon . If a default by Avon under this Agreement is not cured as described in Section IX.C, the Owner shall have the right to enforce Avon’s obligations by an action for any equitable remedy, including, without limitation, injunction or specific performance or an action to recover damages. Each remedy in this Section IX.D is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. Without limiting the foregoing, and by way of example: 1. If Avon does not make either or both of the $4,000,000 Community Housing Financial Contribution required by Section VIII.E.2 (the “$4,000,000 Contribution”), or the $6,000,000 Community Space Financial Contribution required by Section VIII.F (the “$6,000,000 Contribution”), then Owner, at its option, shall not be required to construct the Development and shall be relieved of any further obligations under this Agreement; 2. If Avon does not make either or both of the $4,000,000 Contribution and the $6,000,000 Contribution, but Owner nevertheless elects to proceed with the Development, then (a) if Avon does not make the $4,000,000 Contribution, the number of Deed Restricted Housing Units shall be reduced by eleven (11), and (b) if Avon does not make the $6,000,000 Contribution, Owner shall not be required to create the Community Space as a separate unit or to convey the Community Space to Avon; and 3. If Avon makes the $4,000,000 Contribution and the $6,000,000 Contribution, but does not make the $1,110,000 Community Housing 14 6637119.7 Financial Contribution required by Section VIII.E.3 (the “Deferred Contribution”), Owner shall not be relieved of its obligations under this Agreement, but the number of Deed Restricted Housing Units shall be reduced by three (3). No default by Avon shall affect the Owner’s rights to construct the Development in accordance with the Development Plan and the associated Development Bonus. E. Remedies for Default by the Owner. If any default by the Owner under this Agreement is not cured as described in Section IX.C, Avon shall have the right to enforce the Owner’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this Section IX.E is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. A default of this Agreement by the Owner also constitutes a violation of the Municipal Code and non-compliance with the Development Plan for this Property and Avon shall have all enforcement rights as described in the Municipal Code and other applicable sections of the Municipal Code concerning enforcement and penalties for violations. F. Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall attempt to resolve the controversy or claim in good faith in accordance with the procedures stated in this Section IX.F. The Party asserting the breach, default, controversy, or claim shall first provide written notice to the other Party, citing this Section IX.F, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not resolved within thirty (30) days of the date of the notice, or by such longer period as may be mutually agreed by the Parties, then either Party may initiate a legal action. At any time after the written notice citing this Section IX.F, the Parties may mutually agree to appoint an independent neutral third party (“Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all relevant and non-privileged documents and may impose reasonable confidentiality provisions; (ii) the Parties may make representations and submissions to the Mediator but there shall be no formal hearing unless the Mediator requires a formal hearing and provides a written notice to the Parties; (iii) the Mediator shall make his or her recommendations in writing as soon as is reasonably possible but not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said 15 6637119.7 recommendation or a mutually acceptable alternative. Submission of the dispute to the Mediator shall be deemed by the Parties to toll the applicable statute of limitations until the mediation process is concluded. X. NOTICES A. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when receipt via electronic mail is acknowledged by the recipient. Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: If to Avon: Town of Avon Attention: Town Manager P.O. Box 975 Avon, Colorado 81620 Email: townmanager@avon.org And: Town of Avon Attention: Town Attorney P.O. Box 975 Avon, Colorado 81620 Email: townattorney@avon.org If to Owner: GP Avon Developer, LLC c/o Grand Peaks Properties, Inc. Attention: Don Simpson and Alan Simpson 4582 South Ulster Street Parkway, Suite 1200 Denver, Colorado 80237 Email: dsimpson@grandpeaks.com; asimpson@grandpeaks.com With a copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C. Attention: Michael Westover and Lindsay Lyda 950 17th Street., Suite. 1600 Denver, Colorado 80202 Email: mwestover@ottenjohnson.com; llyda@ottenjohnson.com Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term 16 6637119.7 “business day” shall mean any day other than a Saturday, Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. XI. MISCELLANEOUS A. Amendment of Agreement. No amendment to this Agreement shall be valid unless signed in writing by Avon and the Owner. B. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. C. Assignment. The Owner shall have the right to assign or transfer all of its interests, rights and obligations under this Agreement to third parties acquiring the Property, subject to the Development Plan and all terms, rights and obligations of this Agreement. Any assignee shall fully assume in writing all obligations of the Owner assigned to such assignee and Owner must obtain Avon’s written consent to such assignment, which consent will not be unreasonably withheld or delayed if the Owner has reasonably demonstrated to Avon that the assignee has the financial capability to perform the obligations under this Agreement so assigned. Upon completion of the Development and issuance of a Certificate of Occupancy, the Owner may convey or transfer the Property to another entity and the surviving obligations of this Agreement shall automatically be assigned to such new owner. D. Estoppel Certificates. Avon, at any time and from time to time upon not less than twenty (20) days’ prior written notice from the Owner, shall execute and deliver to the Owner a statement in the form provided by the Owner: (i) certifying that this Agreement is unmodified and in full force and effect, or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect, or, if terminated, certifying that all of the Owner’s obligations have been satisfied and this Agreement is terminated; (ii) acknowledging that there are not any uncured defaults on the part of the Owner or specifying such defaults if they are claimed; and (iii) containing such other information regarding this Agreement as Developer reasonably requests. E. Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Avon’s Municipal Code, ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by Avon, including, but not limited to, building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement. Furthermore, all matters not covered by this Agreement are controlled by the Municipal Code. This Agreement does not prevent Avon from imposing additional 17 6637119.7 building and construction related requirements that are not inconsistent with this Agreement as conditions for approval of a building permit. F. Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Any electronically delivered counterparts shall have the same force and effect as an “ink-signed” original. G. No Joint Venture or Partnership. No form of joint venture or partnership exists between Avon and the Owner, and nothing contained in this Agreement shall be construed as making Avon and the Owner joint venturers or partners. H. No Third Party Beneficiaries. This Agreement is not intended to and shall not in fact create any third-party beneficiaries. I. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to Avon, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. J. Recording of Agreement. This Agreement shall be recorded in the Clerk and Recorder’s office for the County of Eagle and the obligations contained in this Agreement shall run with the land. K. Severability. In the event that any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated. L. TABOR. The Parties understand and acknowledge that Avon is subject to Article X, § 20 of the Colorado Constitution (“TABOR ”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR. The Owner understands and agrees that, notwithstanding anything in this Agreement to the contrary, to the extent the $4,000,000 Contribution, the $6,000,000 Contribution and the Deferred Contribution (collectively, the “Avon Contributions”) have not been made by December 31, 2026, Avon’s deposit of the Avon Contributions is dependent and conditioned upon the continued availability of funds beyond the term of Avon’s current fiscal period ending on December 31, 2026 or, with respect to the Deferred Contribution, upon Eagle County delivering to Avon the funds necessary to make the Deferred Contribution. Financial obligations of Avon payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations and resolutions of Avon and other applicable law. However, if 18 6637119.7 Avon does not make the Avon Contributions, the Owner shall have the rights and remedies set forth in Section IX.D of this Agreement. M. Waiver. No waiver of one or more terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 19 6637119.7 IN WITNESS WHEREOF, Avon and the Owner have executed this Agreement effective as of the Effective Date. TOWN OF AVON: By: ATTEST: Tamra Underwood, Mayor Miguel Jauregui Casanueva APPROVED AS FORM: Nina Williams, Town Attorney 20 6637119.7 OWNER: GP Avon Developer, LLC, a Delaware limited liability company By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20___, by _______________ as _____________________ of GP Avon Developer, LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: ___________ Notary Public A-1 6637119.7 EXHIBIT A Legal Description of the Property PARCEL 1: LOT B, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 7, 2003 AT RECEPTION NO. 832542. PARCEL 2: LOTS 2 AND 3, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542, (EXCEPT FOR LOT 2A (ALSO KNOWN AS RECONVEYANCE LOT A) AND LOT 3A (ALSO KNOWN AS RECONVEYANCE LOT B) AS SHOWN THEREON, AND AS DESCRIBED IN THE GENERAL WARRANTY DEEDS RECORDED ON OCTOBER 5, 2010 AT RECEPTION NO. 201019949 AND RECEPTION NO. 201019950, RESPECTIVELY). PARCEL 3: LOT 5, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542. PARCEL 4: LOT 7, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 7, 2003 AT RECEPTION NO. 832542. B-1 6637119.7 EXHIBIT B Civic Plaza Description B-2 6637119.7 C-1 6637119.7 EXHIBIT C Community Space D-1 6637119.7 EXHIBIT D Pedestrian Connection E-1 6637119.7 EXHIBIT E Designation of Deed Restricted Units Follows this page E-2 6637119.7 E-3 6637119.7 E-4 6637119.7 E-5 6637119.7 F-1 6637119.7 EXHIBIT F Findings of Fact and Record of Decision F-2 6637119.7 F-3 6637119.7 F-4 6637119.7 F-5 6637119.7 F-6 6637119.7 G-1 6637119.7 EXHIBIT G Public Improvements Agreement [ to be inserted ] Page 1 of 11 6637347.4 6637347.4 PUBLIC IMPROVEMENTS AGREEMENT (THE SUMMIT) THIS PUBLIC IMPROVEMENTS AGREEMENT (THE SUMMIT) (“Agreement”), is made and entered on ___________________, 20___, (the “Effective Date”) by and among GP Avon Developer, LLC, a Delaware limited liability company (together with its successors and assigns “Owner”), and the Town of Avon, a Colorado home rule municipality, (“Town”) (Owner and Town may individually be referred to as a “Party” and collectively referred to as “Parties”). RECITALS This Agreement is made with reference to the following facts: WHEREAS, the Owner owns certain property that is legally described in Exhibit A: Legal Description of Property attached hereto and incorporated herein (“Property”) and desires to enter into this Agreement with the Town pertaining to the Property; and WHEREAS, pursuant to the Town’s Municipal Code (“Code”), the Town desires to make reasonable provisions for completion of certain public improvements generally described in Exhibit B attached hereto and incorporated herein (“Public Improvements”) and depicted in the plans approved by the Town in accordance with the Code and set forth in Exhibit B (together with minor changes approved by the Town Engineer from time to time, “Approved Plans”); and WHEREAS, the Owner is responsible for the completion of the Public Improvements; and WHEREAS, the Owner acknowledges and agrees that certain restrictions on development will apply to the Property until the Public Improvements are completed in accordance with the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the Parties hereby agree as follows: 1. Completion of Work. (a) Performance. Owner agrees to furnish, or cause to be furnished, all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all Public Improvements and work incidental thereto (“Work ”) as depicted on the Approved Plans. Owner further agrees that Owner will be responsible for all costs of Public Improvements. Said Work shall be performed substantially in accordance with the Approved Plans. (b) Time for Completion of Public Improvements. Owner agrees to complete the Public Improvements within four (4) years of the Effective Date; provided, however, that any Work within West Beaver Creek Boulevard shall be completed within a sixty (60) day timeframe in either the spring or fall. For the purposes of this Paragraph 1(b), the date of completion of the Public Improvements is defined Page 2 of 11 6637347.4 6637347.4 as the date that Owner submits the Completion Certification as described in Paragraph 5. The Owner may request an extension for completion of the Public Improvements. The request for an extension shall be submitted to the Town in writing at least thirty (30) days prior to the otherwise applicable deadline for completion, provided that the Town may reduce or waive this requirement in the Town’s discretion. The Town may review the status of completion of the Public Improvements when considering a request for extension of the time to complete and the Town may require additional inspection, testing and other measures to preserve and verify the quality of the Work and materials prior to Construction Acceptance (defined in Paragraph 1(e)), which additional costs shall be borne by the Owner. Construction Acceptance of Public Improvements by the Town must be obtained prior to the issuance of either a temporary or final certificate of occupancy (collectively, “Certificate of Occupancy”) for any building to be served by the Public Improvements (or applicable portion or phase thereof). (c) Inspection Procedures. All Work shall be done under the inspection procedures and standards established by the Town and Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle River Water Authority, Xcel Energy, Qwest Communications, Comcast or any other utility (collectively, “Utilities”), as applicable, and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. The Town will not accept the Work as complete until the Town provides Construction Acceptance (pursuant to Paragraph 1(e) below). Once the Town receives a Completion Certification (as defined in Paragraph 5 below) from the Owner’s engineer that the Work is complete, or portions of the Work are complete, the Town shall, within twenty-five (25) days, review the engineer’s Completion Certification, inspect the Work, and provide a written notice of Construction Acceptance (defined in Paragraph 1(e)) or provide a Notice of Non- Compliance (as defined in Paragraph 1(f) below). Such inspections by the Town and Utilities shall not relieve the Owner or Owner’s agents from any responsibility or obligation to assure that all Work is completed substantially in conformance with the Approved Plans and this Agreement. (d) Cost of Inspections. The cost, if any, of such inspections, by Town employees, or an independent third party inspector, shall be paid by the Owner, subject to the limitations set forth in Paragraph 7 below. (e) Construction Acceptance. Upon completion of the Public Improvements, satisfactory inspection by the Town to verify compliance of the construction with the Approved Plans and receipt of the As-Built Plans, the Town shall provide construction acceptance (“Construction Acceptance”) of the Public Improvements in writing to the Owner. The Town may provide Construction Acceptance for a portion of the Public Improvements where such portion is independent from, and unaffected by, the remaining Public Improvements or for the completion of a phase of the Public Improvements. (f) Notice of Non-Compliance. In the event that the Town through its inspectors reasonably determines that the Public Improvements are not substantially in Page 3 of 11 6637347.4 6637347.4 compliance with the Approved Plans, it shall give written notice of such non- compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non- Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable Approved Plans and specifications. The Owner shall correct the unsatisfactory Work and re-submit As-Built Plans as appropriate. 2. Intentionally Omitted. 3. Restriction on Certificate of Occupancy. The Town will not issue a Certificate of Occupancy for the Property to be served by the Public Improvements until the Town has issued Construction Acceptance of the Public Improvements. Notwithstanding anything in this Agreement to the contrary, and provided the Owner otherwise agrees to promptly complete the unfinished work outlined below, the Town shall issue a temporary certificate of occupancy for the Property and permit residents to move into the building constructed on the Property, if: (a) The Owner has substantially completed the construction of the Public Improvements and the remaining work does not create a safety hazard; and (b) The Owner is unable to complete the road work portion of the Public Improvements because it is during a period where Avon does not permit work within the roadway. 4. No Completion Guarantee for Public Improvements. Given the limited scope of the Public Improvements, the Town will not require the Owner to provide a financial guarantee to secure the completion of the Public Improvements. (a) Intentionally Omitted. (b) Intentionally Omitted. (c) Intentionally Omitted 5. Engineering Certification. Upon completion of portions of the Public Improvements, Owner will cause Owner’s engineers (who shall have been actively engaged in observing the construction of the Public Improvements and shall be registered engineers in the State of Colorado) to provide a written opinion (“Completion Certification”), to the satisfaction of the Town Engineer, that based upon on-site observation, review of sufficient construction-observation reports, field test reports and material test reports and certifications by qualified personnel, the installation of the Public Improvements, or portions thereof as may be completed from time to time, have been completed, to the best of their knowledge and professional judgment, substantially in conformance with the Approved Plans. Inspection reports, test results, as-constructed plans and other supporting documentation shall be submitted with the Completion Certification. The as-constructed plans shall be submitted on paper and in one of the following digital formats: AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. Page 4 of 11 6637347.4 6637347.4 6. Warranty Period. The Public Improvements shall be warranted to be free from defects in workmanship or quality for a period of two (2) years after Construction Acceptance of all the Work by the Town (“Warranty Period”). Given the limited scope of the Public Improvements, the Town will not require the Owner to provide a financial guarantee to secure the Public Improvements during the Warranty Period. (a) Intentionally Omitted. (b) Corrective Work. In the event of any defect during the Warranty Period, the Town may require Owner to correct the defect in material or workmanship (“Corrective Work ”). If Corrective Work is performed during the two (2) year Warranty Period then the warranty on such Corrective Work shall be extended for two (2) years from the date on which the Corrective Work receives Construction Acceptance by the Town . (c) Intentionally Omitted. 7. Review and Inspection Fees. Fees for review and inspections, if any, shall be paid by the Owner within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such inspection fees exceed five percent (5%) of the actual aggregate costs for such Public Improvements. 8. No Obligation of Town to Complete Improvements. Owner agrees that in the event Owner shall fail to perform its obligations as set forth herein, the Town shall be under no obligation to complete any of the Public Improvements or to issue a Certificate of Occupancy for the development served by the Public Improvements. 9. Non-Liability of Town; Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the Work specified in this Agreement, nor shall the Town, nor any officer, agent or employee thereof, be liable for any persons or property injured by reason of the nature of said Work. To the extent permitted by law, Owner hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Owner, as hereinbefore stated. Furthermore, the Owner shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. 10. Rights of Town in Event of Default. In the event that Owner defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Owner of such default during which period of time the Owner fails to correct said default, the Town may, at its sole discretion, proceed with the Page 5 of 11 6637347.4 6637347.4 construction or completion of the Public Improvements specified in the Approved Plans or proceed to secure the site to prevent erosion and implement best management practices for storm water management. The Town shall have access to the site to perform such work. All costs paid by the Town to correct or complete the Public Improvements, including cost of personnel, equipment, materials, studies, legal and other amounts expended by the Town to perform the Public Improvement construction responsibilities of Owner, together with an administrative fee in the amount of fifteen percent (15%) of the total costs incurred by Town shall be paid by Owner. The Owner shall reimburse any costs incurred by the Town (including the 15% administrative fee) relating to correction or completion of the Public Improvements and/or related to securing the site within thirty (30) days after receipt of a demand for such amounts. In addition to other remedies stated in this Agreement, if the Owner is in default of this Agreement, the Town may withhold the issuance of a Certificate of Occupancy for or on any Property which would be served by the Public Improvements until such time as the Public Improvements are completed. 11. Letter Certifying Completion and Final Acceptance of Improvements. When all Public Improvements have been completed and accepted by the Town, or the pertinent utility supplier, and the Warranty Period has expired, and provided that Owner is not in default under any of its obligations to the Town under this Agreement, the Town will issue a letter of final acceptance for the Public Improvements (“Final Acceptance”), after consultation with the pertinent utility supplier if necessary, in recordable form, certifying that all obligations of Owner under this Agreement have been satisfied (“Certification of Final Acceptance”). 12. Termination. Upon the Town’s issuance of Final Acceptance and Certification of Final Acceptance for all Public Improvements, this Agreement shall automatically terminate, without the requirement of further action, demand or notice. Notwithstanding the foregoing, the Owner’s obligations under Section 9 above shall survive the termination of this Agreement. 13. Non-Liability of Town for Indirect or Consequential Damages or Lost Profits. The Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits, which result or arise from the Town’s declaration that Owner is in default of the Agreement, so long as the Town acts in good faith. 14. Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated in this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 15. Assignment and Release. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by the Town. No assignment shall be effective to relieve the Owner of the duties, obligations, or responsibilities until a written notice of assignment is delivered to the Town. Page 6 of 11 6637347.4 6637347.4 16. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relation with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of the Owner. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 17. Amounts Past Due. Any amounts due to the Town of Avon under this Agreement, including costs for inspection, which are past due shall bear interest at the rate of one and one-half percent (1½%) per month (eighteen percent [18%] per annum, compounded annually). 18. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing, signed by all Parties, and recorded in the Office of the Eagle County Clerk and Recorder, in Eagle County, Colorado. 19. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the Parties hereto. 20. Recording of Agreement. This Agreement shall be recorded in the Office of the Eagle County Clerk and Recorder, in Eagle County, Colorado. 21. Venue. Venue for any litigation arising out of this Agreement shall be in the District Court for Eagle County, Colorado. 22. Good Faith and Reasonableness. The Parties agree that each Party hereto is subject to the covenant of good faith and fair dealing, which includes an obligation to act reasonably in all matters associated with the performance and interpretation of this Agreement. [Signature and Exhibit Pages Follow] Page 7 of 11 6637347.4 6637347.4 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE EFFECTIVE DATE. TOWN OF AVON: BY: ATTEST: [Mayor or Manager] Town Clerk APPROVED AS TO FORM: Town Attorney Page 8 of 11 6637347.4 6637347.4 OWNER: GP Avon Developer, LLC, a Delaware limited liability company By: Name: Title: STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20___, by _______________ as _____________________ of GP Avon Developer, LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: ___________ Notary Public Page 9 of 11 6637347.4 6637347.4 EXHIBIT A: LEGAL DESCRIPTION OF PROPERTY PARCEL 1: LOT B, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 7, 2003 AT RECEPTION NO. 832542. PARCEL 2: LOTS 2 AND 3, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542, (EXCEPT FOR LOT 2A (ALSO KNOWN AS RECONVEYANCE LOT A) AND LOT 3A (ALSO KNOWN AS RECONVEYANCE LOT B) AS SHOWN THEREON, AND AS DESCRIBED IN THE GENERAL WARRANTY DEEDS RECORDED ON OCTOBER 5, 2010 AT RECEPTION NO. 201019949 AND RECEPTION NO. 201019950, RESPECTIVELY). PARCEL 3: LOT 5, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542. PARCEL 4: LOT 7, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, RECORDED MAY 7, 2003 AT RECEPTION NO. 832542. Page 10 of 11 6637347.4 6637347.4 EXHIBIT B: DESCRIPTION OF PUBLIC IMPROVEMENTS AND APPROVED PLANS Description of Public Improvements: • West Beaver Creek Boulevard improvements to provide vehicle access to the Property’s parking garage ramp and surface parking area. • West Beaver Creek Boulevard improvements to create a loading zone/delivery area. • Extension of the heat recovery utility line from adjacent Town property to the Property. • Extension of the heat recovery utility line through the Property. Approved Plans: [Note to Draft: Engineered drawings to be supplied before building permit.] Page 11 of 11 6637347.4 6637347.4 EXHIBIT C: PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE [Note to Draft: Cost estimate to be supplied before building permit.] H-1 6637119.7 EXHIBIT H Parking Management Plan PARKING MANAGEMENT PLAN PREAMBLE AND PURPOSE The Reciprocal Easement Agreement, dated October 30, 1992, as amended (the “Reciprocal Easement Agreement”), created certain reciprocal parking easements between and among Lot 55 (Alpine Avon Building Company LLC, “AABC”); Lot A/Outlot 1 (“Avon Center”); and Lot B (GP Avon Developer, LLC, “GPAD”). It is intended that AABC, Avon Center and GPAD will each agree to amend the Reciprocal Easement Agreement such that GPAD will give up its right to ten (10) unassigned parking spaces on Lot 55, AABC will give up its right to ten (10) unassigned parking spaces on Lot B, and Avon Center will agree that its rights to park on Lot B will be amended and restated by the terms of the Access and Parking Easement entered into between Avon Center and GPAD contemporaneously with execution of the Amended and Restated Consolidated Development Agreement dated effective ____, 2026 (the “Amended Development Agreement”). Except as otherwise defined herein, all capitalized terms used in this Parking Management Plan shall have the same meanings as ascribed thereto in the Amended Development Agreement. The Association shall possess approval rights with respect to the Reciprocal Easement Agreement amendment whereby AABC and GPAD respectively relinquish parking rights on each other’s property in order to confirm that this arrangement will not adversely impact the Association's ability to enforce its current parking and maintenance rights on Lot 55. The Amended Development Agreement contains certain recorded covenants, conditions and restrictions pertaining to Avon Center’s parking rights in and to the “New Subsurface Parking Spaces” to be located in the “New Parking Structure” to be constructed on Lot B, and in and to the “New Surface Parking Spaces” to be located on the “Lot B Property” and on the Avon Center’s property. The purpose of this Parking Management Plan is to establish an understanding between Avon Center and GPAD as to how to best manage parking across the subject areas after the Lot B “Development” is completed, and to provide for equitable and peaceful adjustment of differences which may arise. PLAN OBJECTIVES While the planned parking supply with the completion of the Lot B Development will be sufficient to accommodate authorized user parking demand, unauthorized users could create times when parking is not available for legitimate users. This Parking Management Plan is necessary so that only authorized owners, guests, tenants, employees, and customers are able to gain access to parking in the Avon Center’s “Existing Parking Structure”, the New Parking Structure, the New Subsurface Parking Spaces located in the New Parking Structure, and the New Surface Parking Spaces (collectively, the “Managed Parking Spaces”), in a manner consistent with both the Amended Development Agreement and the Reciprocal Easement Agreement amendment. The objectives of the plan are to: H-2 6637119.7 1. Accommodate authorized users for parking in Managed Parking Spaces; and 2. Establish and maintain efficient use of the Managed Parking Spaces. PLAN STRATEGIES In order to accommodate the distinct types of authorized users of parking in the Managed Parking Spaces, the following strategies will be implemented: 1. Parking Management System: A parking management system will be in place at the entrances to and throughout the Managed Parking Spaces. Access to the Managed Parking Spaces may be by key card, fob, or other means as determined by GPAD with approval of the Avon Center Executive Board. a. Users with authorized access to the Existing Parking Structure will have unrestricted access through the New Parking Structure for the purpose of accessing the Existing Parking Structure. This access will be authorized, monitored, and enforced solely by the Avon Center Executive Board. b. A physical barrier (gate) may also be placed at the entrance and exit to the Existing Parking Structure. This access will be authorized, monitored, managed and enforced solely by the Avon Center Executive Board. c. Authorized users of the Lot B Development will not be permitted to park in the Existing Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking Spaces without the consent of the Avon Center Executive Board. 2. Temporary/Transient Parking Validation: Users who are entering the New Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking for a short time will be required to register their cars with a professional parking management system provider (the “Parking Management Company”) using their mobile phone or similar process. a. Appropriate validation times will vary by the type of business and will be set/managed by GPAD in consultation with the individual business owners in Avon Center and general oversight and approval rights reserved to the Avon Center Executive Board. b. Temporary/transient users who are patronizing the Lot B Development will also be required to obtain validation. This oversight will be reserved to the owner of Lot B subject to reasonable caps agreed by GPAD and the Avon Center Executive Board on the number and permitted parking period of temporary/transient users allowed to utilize the New Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking for short term parking while patronizing the Lot B Development. 3. Overnight Parking: Authorized overnight users of the Managed Parking Spaces will include residential unit owners/tenants and guests of residential unit owners/tenants. H-3 6637119.7 a. GPAD and the Avon Center Executive Board will work together to endeavor that strategies are in place for parking in the Managed Parking Spaces, especially during “Peak Usage Times”, defined to mean major holiday periods and other periods of intensive parking usage which shall not exceed a cumulative total of thirty (30) to forty (40) days per year for all such holiday and other periods of peak usage. b. Strategies may include limits on the number of vehicles that may be parked by any one person, or family, and/or per residential unit during Peak Usage Times and promotion of the Existing Parking Structure as the first/best option for Avon Center owners, tenants and guests. 4. Lot B Development Parking: GPAD will provide the New Subsurface Parking Spaces in the New Parking Structure dedicated to and restricted for the use of Avon Center. GPAD will manage and enforce parking restrictions for New Subsurface Parking Spaces. 5. Avon Center Employee Parking: Avon Center employee parking will only be permitted in the New Surface Parking Spaces and in the Existing Parking Structure on a limited basis while the employee is physically present and working at Avon Center. There is the impression that employee parking has been abused in that employees have been observed in the past parking on Lot B and in the Existing Parking Garage even when they are not scheduled to work at the authorized business, or employees have been observed engaging in the unauthorized transfer of employee parking passes. In the future, employee parking will be managed to ensure that only authorized employees are parking where permitted. a. The Avon Center Executive Board may identify the spaces that are available for employee parking in the New Surface Parking Spaces and the Existing Parking Structure. This will serve to ensure that priority is given to customers of businesses served by the Managed Parking Spaces. b. GPAD and the Avon Center Executive Board will work together to endeavor that strategies are in place for employee parking in the Managed Parking Spaces, especially during Peak Usage Times. 6. Long-Term Parking/Vehicle Storage: No long-term parking or vehicle storage in the New Parking Structure, the New Subsurface Parking Spaces, the New Surface Parking Spaces, or the Existing Parking Structure will be permitted; provided, however, at the discretion of the Avon Center Executive Board exceptions may be granted at times of low activity or demand. 7. Communication and Discussion Model: In order to establish, promote and maintain an on-going mutually positive environment between Avon Center and GPAD, a process will be established to identify issues of concern to the parties, explore options for their resolution and come to mutually acceptable agreements to resolve issues raised. OPERATIONAL PLAN For the purpose of fully understanding the operational implications of the above objectives and strategies, the following plans are presented as examples of how the plan may be implemented. H-4 6637119.7 GPAD intends to engage at its sole cost and expense the Parking Management Company to design and implement the technological aspects of the parking management system once completed by the Parking Management Company and approved by the Avon Center Executive Board and GPAD. a. Gated Access: GPAD would determine the best system to accomplish the plan objectives/strategies in consultation with the other parties to the Reciprocal Easement Agreement. Gated Access may be an option but is not required by mutual agreement of GPAD and Avon Center other than any gate or other barrier that the Avon Center Executive Board unilaterally may place or require to be placed by GPAD (a) at the entrance and exit to the Access Ramp during construction of the Lot B Development, and (b) at the entrance and exit to the Existing Parking Structure at all times prior to, during and following completion of construction of the Lot B Development. b. Validation: GPAD has identified Metropolis Parking Systems (https://www.metropolis.io/) as the designated Parking Management Company for validation, collection and enforcement of the Managed Parking Spaces. GPAD may identify and utilize an alternative Parking Management Company so long as the alternative Parking Management Company can provide validation, collection, and enforcement services in accordance with this Plan. c. Management: GPAD will provide 24/7 management of parking in the Managed Parking Spaces to assist owners, guests, tenants, employees, and other authorized users who may need assistance regarding access, validation, payment, or other services. d. Existing Parking Garage Access: Avon Center, at Avon Center’s expense, will provide readers and credentials (cards, fobs, or phone APP access) for use by its owners, guests, tenants, employees, and other authorized users. The readers and credentials would allow passage through the New Parking Structure to the Existing Parking Structure. The number of credentials issued would be determined by the Avon Center Executive Board. It is expected that once a credential is used to enter the New Parking Garage and the Existing Parking Garage, it cannot be used again until the vehicle using it exits those garages. The Avon Center Executive Board would be solely responsible for the management and distribution of the credentials. e. Avon Center Employee Parking/Residential Guest Parking: Avon Center business owners and Residential Unit Owners may be required to register their employees/guests through the Parking Management Company’s phone APP and web-based system to park in the New Parking Structure, the New Subsurface Parking Spaces, or the New Surface Parking Spaces. f. Revenue: All gross parking revenue generated from any of the 42 New Subsurface Parking Spaces dedicated for the exclusive use of Avon Center and from the New Surface Parking Spaces, less Parking Management Company fees not greater than fees charged for comparable paid parking operations by other competitor parking H-5 6637119.7 management companies, will be the sole property of the Association and paid by GPAD to the Association quarterly. All parking revenue generated from any parking spaces located in the New Parking Structure other than the 42 New Subsurface Parking Spaces dedicated for the exclusive use of Avon Center shall be the sole property of GPAD. Problem Resolution: After completion of construction of the Lot B Development, and the implementation of this Parking Management Plan, a Committee shall be formed whose purpose is to jointly address future parking issues that may arise and to potentially adjust the number of the Avon Center’s dedicated New Subsurface Parking Spaces in the New Parking Structure. At the sole discretion of the Avon Center Executive Board, the number of the Avon Center’s dedicated New Subsurface Parking Spaces in the New Parking Structure could be decreased or increased (never to exceed forty-two (42) New Subsurface Parking Spaces in the New Parking Structure). The released spaces would be added to the revenue generating guest parking spaces in the New Parking Structure. This Committee will include two representatives designated by GPAD or the Lot B Development and two representatives designated by the Avon Center Executive Board. The Committee shall meet at least semi-annually and more frequently if needed, to engage in communication and discussion, making a good faith effort to actively solve problems in a timely manner. The process involves two-way meetings with the representatives where each party fully airs its position and each listens to gain insight into the other’s reasoning. I-1 6637119.7 EXHIBIT I Escrow Agreement [ to be inserted ] 6641512.6 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this “Agreement”) is entered into as of _____________, 2026, by and among GP AVON DEVELOPER, LLC, a Delaware limited liability company (“Developer”), THE TOWN OF AVON, a home rule municipal corporation of the State of Colorado (“Avon”), and LAND TITLE GUARANTEE COMPANY, LLC (‘‘Escrow Agent’’). The parties to this Agreement are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” Recitals A. Developer and Avon are parties to an agreement entitled “The Summit Development Agreement” dated as of _________________, 2026 (the “Summit Development Agreement”), pursuant to which Developer and Avon have agreed upon certain terms and conditions for the development by Developer of a 164-unit residential project and an approximately 4,000-square foot commercial community space on certain real property described in the Summit Development Agreement (the “Project”). A copy of the Summit Development Agreement is attached hereto as Exhibit A. Any initially capitalized terms used but not otherwise defined in this Agreement shall have the meanings assigned to such terms in the Summit Development Agreement. B. Pursuant to the Summit Development Agreement, Avon will be depositing into an escrow account with Escrow Agent (the “Escrow Account”) certain funds, in the amounts and at the times set forth in Section 6 of this Agreement (the “Escrowed Funds”), and Developer and Avon will be depositing into escrow with the Escrow Agent certain documents described in Section 8 of this Agreement (the “Escrowed Documents”). C. The Parties desire to enter into this Agreement to set forth the terms applicable to the establishment of the Escrow Account, the deposit into and disbursement from the Escrow Account of the Escrowed Funds, and the deposit into escrow and subsequent recordation of the Escrowed Documents. Agreement NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. Appointment of Escrow Agent. The Parties hereby appoint Escrow Agent to act as the escrow agent in accordance with the terms and conditions of this Agreement, and Escrow Agent hereby accepts such appointment. Escrow Agent agrees to receive, hold and disburse the Escrowed Funds, and to receive and record the Escrowed Documents, in accordance with the terms and 2 6641512.6 conditions of this Agreement. The duties of Escrow Agent are limited to those specifically provided in this Agreement. 3. Reliance on Notice. Escrow Agent may act in reliance upon any writing or instrument or signature which Escrow Agent, in good faith, believes to be genuine, and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authorized so to do. 4. Non-Liability of Escrow Agent. Escrow Agent shall not be liable for any mistakes of fact, or errors of judgment or for any acts or omissions of any kind unless caused by the willful misconduct or gross negligence of Escrow Agent. Escrow Agent shall not be liable for any taxes, assessments or other governmental charges which may be levied or assessed upon the Escrowed Funds or any part thereof, or upon the income therefrom. Escrow Agent may rely upon the advice of counsel and upon statements of accountants, brokers or other persons reasonably believed by it in good faith to be expert in the matters upon which they are consulted, and for any reasonable action taken or suffered in good faith based upon such advice or statements. 5. Indemnity of Escrow Agent. To the extent permitted by law, Developer and Avon, jointly and severally, agree to indemnify Escrow Agent for, and hold it harmless against, any and all liability incurred by the Escrow Agent by reason of this Agreement, or in connection with Escrow Agent's performance of its duties hereunder, except for any liability resulting from Escrow Agent’s willful misconduct or gross negligence. Developer shall reimburse Escrow Agent for all reasonable out-of-pocket expenses, including but not limited to attorneys’ fees and court costs incurred pursuant to this Agreement, and any necessary disbursements and advances incurred or made by Escrow Agent in the performance of its duties hereunder. 6. Deposit of Escrowed Funds. Escrow Agent shall establish the Escrow Account with a financial institution approved by Developer and Avon. Upon receipt of a completed W-9, the Escrow Account shall be an interest-bearing account, and all interest earned on the Escrowed Funds shall be added to and become part of the Escrowed Funds. Escrow Agent shall not be responsible for maximizing the yield on the Escrowed Funds. Under no circumstances shall Escrow Agent be liable for loss of funds due to bank or other Institution failure, including employees or agents thereof, suspension or cessation of business, or any action or inaction on the part of the bank or other institution, or any delivery service transporting funds to and from the institution. Avon shall deposit the following Escrowed Funds with Escrow Agent, to be placed in the Escrow Account (the “Avon Deposits”): (a) Within five (5) business days after receipt thereof, Avon shall deposit with Escrow Agent the amount of use tax paid by Developer in connection with Avon’s issuance of a building permit for the Project (the “Building Permit”) (or, if Avon so directs, Developer shall deposit such use tax directly with Escrow Agent); (b) Within ten (10) business days following the deposit made pursuant to Section 6(a) above, Avon shall deposit with Escrow Agent an amount equal to $4,000,000, less the amount deposited pursuant to Section 6(a) above. 3 6641512.6 (c) Within ninety (90) days after issuance of the Building Permit, Avon shall deposit with Escrow Agent an additional $6,000,000. (d) Within ten (10) days following issuance of a certificate of occupancy for the Project, and provided that Eagle County, Colorado (the “County”) has delivered such funds to Avon, Avon shall deposit with Escrow Agent an additional $1,110,000 (the “Deferred Deposit”). 7. Release of Escrowed Funds. The Escrowed Funds shall be disbursed by Escrow Agent to Developer as follows: (a) At such time as Developer has (i) invested at least $40,000,000 toward the costs of the Project and (ii) secured the remaining funds necessary to construct the Project, based on the guaranteed maximum price set forth in the Project’s construction contract, Owner shall deliver to Escrow Agent, with a copy to Avon, notice of the same, and requesting release of all Escrowed Funds then being held in the Escrow Account (i.e., the Escrowed Funds deposited by Avon pursuant to subsection 6(a), 6(b) and 6(c) above, plus all interest accrued on those funds) (the “Disbursement Request”). If Avon does not deliver to Developer and Escrow Agent a written objection to the Disbursement Request within five (5) business days after the date of the Disbursement Request, Escrow Agent shall disburse all Escrowed Funds being held at such time (including all accrued interest) to Developer. The Parties understand and agree that the Deferred Deposit will not have been made by this time. If Avon does deliver a written objection to the Disbursement Notice to Developer and the Escrow Agent within five (5) business days after the date of the Disbursement Request, Escrow Agent shall not disburse the Escrowed Funds, but shall continue to hold the Escrowed Funds until receipt of written instructions signed by both Developer and Avon, or if Escrow Agent has not received such written instructions within thirty (30) days thereafter, it may interplead such funds in accordance with Section 12 of this Agreement. (b) Within ten (10) days following the recordation of the Community Housing Deed Restrictions pursuant to Section 8 of this Agreement, the Deferred Deposit, together with any interest earned thereon, shall be disbursed to Developer. 8. Deposit and Recordation of Community Housing Deed Restrictions. At such time as Developer and Avon have agreed upon the form of the Community Housing Deed Restrictions (as defined in the Summit Development Agreement), Developer and Avon shall execute the Community Housing Deed Restrictions and deliver the same to Escrow Agent. Following completion of the Project, receipt of joint written direction from Developer and Avon, and the receipt of sufficient recording fees and filing funds from the Parties. Escrow Agent shall record the Community Housing Deed Restrictions in the Eagle County Clerk and Recorder’s Office. 9. Termination of Escrow. At such time as the Escrowed Funds have been fully disbursed by Escrow Agent and the Community Housing Deed Restrictions have been recorded by Escrow Agent pursuant to the terms of this Agreement, Escrow Agent shall close the Escrow Account and this Agreement shall terminate and be of no further force and effect. 4 6641512.6 10. Resignation. Escrow Agent, or any successor to it hereafter appointed, may at any time resign by giving notice in writing, stating the effective date of its resignation to Developer and Avon, and furnishing to Developer and Avon a written accounting of the Escrowed Funds, in such form and containing such information as Developer and Avon may reasonably request, and upon the appointment of a successor Escrow Agent as hereinafter provided and upon the delivery to such successor Escrow Agent of all of the Escrowed Funds remaining in Escrow Agent’s possession, shall be discharged from any further duties hereunder. In the event of such resignation, a successor Escrow Agent shall be appointed by Developer, subject to the prior approval of Avon, which approval shall not be unreasonably withheld, conditioned or delayed. Any such successor Escrow Agent shall deliver to Developer and Avon a written instrument accepting such appointment hereunder, and thereupon it shall succeed to all of the rights and duties of Escrow Agent hereunder, and shall take delivery of all then remaining Escrowed Funds and any other amounts held by it pursuant to this Agreement to hold in accordance with the terms hereof. 11. Notices. All notices, demands or other communications required or permitted to be given hereunder (each a “Notice” for the purposes of this Section) shall be in writing, unless oral notice is expressly permitted in the applicable Section. Any and all written Notices shall be deemed to have been duly delivered upon transmission by email to the applicable address(es) set forth below. Notwithstanding the foregoing, (a) if the Notice is a termination, default or change of address Notice, such Notice must be additionally given within two (2) business days by either personal delivery or overnight delivery with Federal Express or a similar overnight courier service (provided that if the recipient of such notice given by email acknowledges receipt of such notice in writing (including by email), the original notice need not be delivered) to the applicable address(es) set forth below (each an “Alternative Delivery Method”), and (b) if no email address is provided below for a party, any and all written Notices to such party shall be deemed to have been duly delivered upon receipt by an Alternative Delivery Method or refusal following an Alternative Delivery Method attempt in accordance with this Section. If to Developer: GP Avon Developer, LLC c/o Grand Peaks Properties, Inc. 4582 South Ulster Street Parkway, Suite 1200 Denver, Colorado 80237 Attention: Don Simpson and Alan Simpson Email: dsimpson@grandpeaks.com; asimpson@grandpeaks.com Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street., Suite. 1600 Denver, Colorado 80202 Attention: Michael Westover and Lindsay Lyda Email: mwestover@ottenjohnson.com; llyda@ottenjohnson.com 5 6641512.6 If to Avon: Town of Avon P.O. Box 975 Avon, Colorado 81620 Attention: Town Manager Email: townmanager@avon.org Town of Avon Attention: Town Attorney P.O. Box 975 Avon, Colorado 81620 Email: townattorney@avon.org If to Escrow Agent: Land Title Guarantee Company 3033 East First Avenue, Suite 600 Denver, Colorado 80206 Attention: Charles Ottinger Email: cottinger@ltgc.com Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 12. Disputes and Interpleader. If any dispute arises between Avon and Developer, or in the event any party fails for any reason to fully receipt and acquit the Escrow Agent in writing, the Escrow Agent may refuse to carry out escrow instructions or to deliver any funds, documents, or property it is holding to anyone. The Escrow Agent may continue, without liability, to refrain and refuse to act: (a) until all the rights of the adverse claimants have been finally adjudicated by a court having jurisdiction over the parties and the property, after which the Escrow Agent shall act in accordance with the adjudication; or (b) until all differences have been resolved by agreement and Escrow Agent has been notified and directed in writing signed jointly by the parties, at which time the Escrow Agent shall act in compliance with the agreement. The Escrow Agent may interplead into a court of competent jurisdiction at the Parties’ expense. To the extent permitted by law, costs and legal fees associated with an interpleader action shall be paid jointly and severally by Avon and Developer, or deducted from the Escrowed Funds prior to deposit with the Court. 13. Laws Relating to Unclaimed Funds. The Parties are hereby advised that unclaimed funds may be payable to the State at some future date pursuant to unclaimed property laws, and should Escrow Agent pay any such funds held in the Escrow Account, Escrow Agent shall be 6 6641512.6 released from all further responsibility under the Escrow Agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 14. Successors and Assigns. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties hereto, and may not be amended, modified or terminated except by a writing signed by all Parties hereto. 15. Headings. The headings of the articles, sections and subsections of this Agreement are for convenience and reference only, are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 16. Waiver. No action taken pursuant to this Agreement shall be deemed to constitute a waiver by the Party taking such action of compliance with any agreement contained herein. No waiver of any of the provisions of this Agreement shall be valid unless the same is in writing and signed by the Party against whom such waiver is sought to be enforced. The written waiver by any Party to this Agreement of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of any other provision of this Agreement. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 18. Prior Understandings. This Agreement supersedes all prior understandings and agreements, whether written or not, between the Parties hereto relating to the transactions provided for herein. This Agreement represents the final agreement between the Parties relating to the transactions provided for herein and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the Parties. There are no unwritten oral agreements between the Parties. Nothing contained in this Agreement shall be deemed to modify the terms of the Summit Development Agreement. 19. Severability. Any provision of this Agreement which is declared by a court of competent jurisdiction to be illegal, invalid, prohibited or unenforceable shall be ineffective only to the extent of such illegality, invalidity, prohibition or unenforceability, without invalidating or otherwise affecting the remaining provisions of this Agreement. 20. Expenses. Except as expressly provided in this Agreement, each of the Parties to this Agreement, except Escrow Agent, shall pay its own expenses in connection with this Agreement and the transactions contemplated hereby, including the fees and expenses of its counsel and its accountants and other experts. 21. Cumulative Remedies. All rights and remedies of any Party hereto are cumulative of each other and of every other right or remedy such Party may otherwise have at law or in equity, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise of other rights or remedies. 22. Costs of Legal Proceedings. In the event that a Party hereunder institutes legal proceedings with respect to this Agreement, the prevailing Party shall be awarded, in addition to 7 6641512.6 any other relief to which it is entitled, its costs and expenses incurred in connection with such legal proceedings, including, without limitation, reasonable attorney’s fees. Notwithstanding the foregoing, Escrow Agent shall not be held liable for costs, expenses, or attorney’s fees incurred in connection with legal proceedings pursuant to this Paragraph 22 absent a finding that Escrow Agent was engaged in willful misconduct or gross negligence. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute but one and the same instrument. Emailed pdf signatures hereon shall be deemed original signatures for all purposes. 24. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to Avon, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 25. TABOR. The Parties understand and acknowledge that Avon is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi fiscal year direct or indirect debt or obligation within the meaning of TABOR. Developer understands and agrees that, notwithstanding anything in this Agreement to the contrary, to the extent the Avon Deposits have not been made by December 31, 2026, Avon’s deposit of the Avon Deposits is expressly dependent and conditioned upon the continued availability of funds beyond the term of Avon’s current fiscal period ending on December 31, 2026 or, with respect to the Deferred Deposit, upon the County delivering to Avon the funds necessary to make the Deferred Deposit. Financial obligations of Avon payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations and resolutions of Avon and other applicable law. However, if Avon does not make the Avon Deposits, Developer shall have the rights set forth in Section IX.D of the Summit Development Agreement. [The remainder of this page has been left blank intentionally.] 8 6641512.6 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective as of the date first set forth above. DEVELOPER: GP AVON DEVELOPER, LLC, a Delaware limited liability company By: Name: Title: TOWN OF AVON: By: Tamra Underwood, Mayor ATTEST: Miguel Jauregui Casanueva APPROVED AS FORM: Nina Williams, Town Attorney ESCROW AGENT: LAND TITLE GUARANTEE COMPANY, LLC By: Name: Title: Exhibit A Page 1 6641512.6 EXHIBIT A [SUMMIT DEVELOPMENT AGREEMENT] [to be attached] 1 0466.4600: DVDFCFTMZRYM-2035370151-11980 INTERGOVERNMENTAL AGREEMENT CONCERNING INCREMENTAL TAX REVENUE (LOT B) THIS INTERGOVERNMENTAL AGREEMENT CONCERNING INCREMENTAL TAX REVENUE (LOT B) (the “Agreement”) is made and entered into as of June 9, 2026, by and among the AVON URBAN RENEWAL AUTHORITY, an urban renewal authority and body corporate and politic of the State of Colorado (the “URA”), the AVON DOWNTOWN DEVELOPMENT AUTHORITY, a downtown development authority and body corporate of the State of Colorado (the “DDA”), and AVON STATION METROPOLITAN DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado (“Avon Station”). The URA, the DDA, and Avon Station may be referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the URA is a Colorado urban renewal authority established by the Town of Avon, Colorado (the “Town ”) in accordance with § 31-25-101, et. seq., C.R.S. (the “URA Act”); and WHEREAS, the URA is authorized by the URA Act to provide for improvements and facilities and other functions of benefit to the Authority and its residents and taxpayers; and WHEREAS, pursuant to the URA Act and the Town Center West Urban Renewal Plan, approved by the Town (the “URA Plan”), the URA has the power to collect and retain ad valorem property tax revenue derived from the mill levies imposed by Avon Station and Confluence Metropolitan District (“Confluence” and together with Avon Station, the “Districts”) as applied to any incremental increase in property values within the Districts above the assessed value as of the time the Town adopted the URA Plan (the “District Tax Increment Revenue”), as the same relates to property that is within the boundaries of the Districts and that is also within the URA Plan area; and WHEREAS, the URA, Avon Station and Confluence are parties to that certain Intergovernmental Agreement between Avon Urban Renewal Authority, Confluence Metropolitan District, and Avon Station Metropolitan District Concerning Incremental Taxes, dated October 9, 2007 (the “URA Agreement”); and WHEREAS, pursuant to the URA Agreement, the URA agreed to remit to the Districts the District Tax Increment Revenue it receives as a result of ad valorem property taxes and associated specific ownership taxes levied by the Districts within the current boundaries of the Districts, except for Lot B within Avon Station, as depicted in Exhibit A, attached hereto and incorporated herein (“Lot B”), and except for and to the extent of any incremental ad valorem property taxes or specific ownership taxes generated by an increase in the total number of permitted dwelling units or commercial square footage in the zoning entitlement existing as of February 27, 2007; and ATTACHMENT C 2 0466.4600: DVDFCFTMZRYM-2035370151-11980 WHEREAS, subsequent to the date of the URA Agreement, the Town established the DDA as a Colorado downtown development authority established in accordance with § 31-25-801, et. seq. (the “DDA Act”); and WHEREAS, the DDA is authorized to provide organizational focus and financing to support downtown economic developments and improvements, including specifically development of community housing in the Avon downtown area to provide additional workforce housing and to sustain and enhance a critical mass of residents in the Avon downtown area necessary to support neighborhood businesses and to support the public infrastructure and public facilities which sustain and enhance the attractiveness of business investment in the Avon downtown area; and WHEREAS, in furtherance of its organization and purpose, the DDA adopted the Avon Downtown Development Authority Plan, dated October 2, 2023 (the “DDA Plan”); and WHEREAS, pursuant to the DDA Act and the DDA Plan, the DDA has the authority to collect and retain the District Tax Increment Revenue derived from the mill levies imposed Avon Station on property which is within the boundaries of Avon Station and that is also within the boundaries of the DDA; and WHEREAS, Confluence and Avon Station are parties to that certain Second Amended and Restated Joint Facilities Construction and Service Agreement, dated April 26, 2007, as amended (the “District IGA”), pursuant to which Confluence is to manage the construction, operation, and maintenance of public improvements, and Avon Station, through an assignment of revenue raised from mill levies imposed by Avon Station, is to provide funding for such construction, operation, and maintenance; and WHEREAS, in 2021, Confluence obtained two loans, consisting of its 2021A-1 Senior Loan and its 2021A-2 Senior Loan, and issues its Subordinate Limited Tax Supported Revenue Refunding Bonds, Series 2021B (collectively the “2021 Debt”), the proceeds of which were used to refund bonds issued by Confluence in 2007, which bonds were issued to fund the construction of public infrastructure; and WHEREAS, Confluence and Avon Station are parties to that certain Amended and Restated Capital Pledge Agreement, dated June 10, 2021, and that certain Capital Pledge Agreement (Subordinate), also dated June 1, 2021 (collectively, the “2021 Pledge Agreements”), pursuant to which Avon Station has pledged certain revenue to Confluence to support the repayment of the 2021 Debt; and WHEREAS, all of the property within the boundaries of Avon Station is within the plan area of the URA; and WHEREAS, the only property within the boundaries of Avon Station that is also within the DDA is Lot B; and 3 0466.4600: DVDFCFTMZRYM-2035370151-11980 WHEREAS, for the avoidance of doubt, no property within Confluence is within the DDA, and as such the DDA has no right to any District Tax Increment Revenue derived from any mill levies imposed by Confluence; and WHEREAS, the Parties desire to enter into this Agreement to address the remittance of the District Tax Increment Revenue as the same relates to Lot B. NOW THEREFORE, in consideration of the mutual covenants and stipulations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: TERMS AND CONDITIONS Section 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Recitals above, as applicable. In addition, the following definitions shall apply: (a) “Debt Service Mill Levy” means the mill levy imposed by Avon Station for the purpose of paying debt service on bonds or other obligations of Avon Station, as certified by Avon Station to the Eagle County assessor annually. (b) “Operations Mill Levy” means the mill levy imposed by Avon Station for the purpose of funding operations, maintenance, administrative expenses of Avon Station other than debt service, as certified by Avon Station to the Eagle County assessor annually. (c) “Lot B Tax Increment Revenue” means the District Tax Increment Revenue derived from both the Debt Service Mill Levy and the Operations Mill Levy imposed by Avon Station, as applied to the assessed valuation of Lot B in excess of the base assessed value established pursuant to the URA Plan. (d) “URA Plan Termination Date” means the date upon which the URA West Town Center Investment Plan expires or is otherwise terminated in accordance with the URA Act and the URA West Town Center Investment Plan. (e) “DDA Plan Termination Date” means the date upon which the DDA Plan expires or is otherwise terminated in accordance with the DDA Act and the DDA Plan. Section 2. Debt Service Mill Levy Lot B Tax Increment Revenue. (a) From the date of this Agreement until the URA Plan Termination Date, after which time the URA no longer has the right to retain the Lot B Tax Increment Revenue, the URA shall retain all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from Avon Station’s Debt Service Mill Levy. Such retained revenue shall be used by the URA in furtherance of the URA Plan and for such purposes as are authorized under the URA Act. 4 0466.4600: DVDFCFTMZRYM-2035370151-11980 (b) From the URA Plan Termination Date and until the DDA Plan Termination Date, after which time the DDA no longer has the right to retain the Lot B Tax Increment Revenue, the DDA shall remit to Confluence, on behalf of Avon Station in furtherance of the District IGA and the 2021 Pledge Agreements, all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from Avon Station’s Debt Service Mill Levy. Such remittance shall be made no later than thirty (30) days from the DDA's receipt of any such Lot B Tax Increment Revenue from the Eagle County treasurer. (c) After the DDA Plan Termination Date, all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived for Avon Station’s Debt Service Mill Levy shall be remitted directly to Avon Station from the Eagle County treasurer, and neither the URA nor the DDA shall have any right to any such Lot B Tax Increment Revenue. Section 3. Operations Mill Levy Lot B Tax Increment Revenue. (a) From the effective date of this Agreement until the URA Plan Termination Date, after which time the URA no longer has the right to retain the Lot B Tax Increment Revenue, the URA shall retain all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from the Operations Mill Levy imposed Avon Station. Such retained revenue shall be used by the URA in furtherance of the URA Plan and for such purposes as are authorized under the URA Act. (b) From the URA Plan Termination Date and until the DDA Plan Termination Date, after which time the DDA no longer has the right to retain the Lot B Tax Increment Revenue, the DDA shall retain all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from the Operations Mill Levy imposed by Avon Station. Such retained revenue shall be used by the DDA in furtherance of the DDA Plan and for such purposes as are authorized under the DDA Act. (c) After the DDA Plan Termination Date, all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from Avon Station’s Operations Mill Levy shall be remitted directly to Avon Station from the Eagle County treasurer, and neither the URA nor the DDA shall have any right to any such Lot B Tax Increment Revenue. Section 4. Audit and Reporting. (a) Annual Reporting. The URA and the DDA, during the period which each is entitled to receive and retain Lot B Tax Increment Revenue pursuant to this Agreement, shall provide Avon Station with an annual written report no later than ninety (90) days following the end of each calendar year, which report shall include: (i) The total amount of Lot B Tax Increment Revenue received by the reporting Party during the prior calendar year, itemized separately the Lot B Tax Increment Revenue attributable to the Debt Service Mill Levy and to the Operations Mill Levy; 5 0466.4600: DVDFCFTMZRYM-2035370151-11980 (ii) The total amount of Lot B Tax Increment Revenue remitted to Avon Station during the prior calendar year, including the date(s) of such remittance(s); (iii) The total amount of Lot B Tax Increment Revenue retained by the reporting Party during the prior calendar year; and (iv) The cumulative total of all Lot B Tax Increment Revenue received, remitted, and retained since the effective date of this Agreement or the date such Party first began receiving Lot B Tax Increment Revenue, whichever is later. (b) Audit Rights. Avon Station shall have the right, upon not less than thirty (30) days' prior written notice to the applicable Party, to audit the financial records of the URA or the DDA, as applicable, solely as they relate to the receipt, retention, and remittance of Lot B Tax Increment Revenue by such Party. Such audits shall be conducted at Avon Station’s sole cost and expense, except as provided in subsection (c) below, and shall be conducted during normal business hours at the principal offices of the audited Party. Avon Station shall not conduct more than one (1) such audit of any Party in any calendar year, unless a prior audit has revealed a material discrepancy, in which case an additional audit may be conducted with respect to the period covered by such discrepancy. (c) Audit Discrepancies. If an audit conducted pursuant to subsection (b) above reveals that the URA or the DDA, as applicable, has failed to remit any Lot B Tax Increment Revenue to Avon Station in the amounts and within the timeframes required under this Agreement, the applicable Party shall remit the deficient amount to Avon Station within thirty (30) days of the date the discrepancy is confirmed in writing by the audited Party or, if disputed, within thirty (30) days of a final resolution of such dispute. If the audit reveals an underpayment exceeding five percent (5%) of the total amount required to have been remitted during the audited period, the audited Party shall also reimburse Avon Station for the reasonable costs of the audit. (d) Record Retention. The URA and the DDA shall each maintain complete and accurate financial records relating to all Lot B Tax Increment Revenue received, retained, and remitted for a period of not less than seven (7) years following the end of the calendar year to which such records relate, or for such longer period as may be required by applicable law. Such records shall be made available to Avon Station upon request in connection with any audit conducted pursuant to this Section. (e) Plan Termination Notice. The URA and the DDA shall each provide written notice to Avon Station and to each other no later than one hundred eighty (180) days prior to the anticipated termination date of their respective plan, or as soon as practicable if such termination is not anticipated in advance. Such notice shall include the anticipated or actual termination date and a final accounting of all Lot B Tax Increment Revenue received, retained, and remitted through the date of termination. Section 5. Cooperation. The Parties agree to cooperate in good faith and take all reasonable actions necessary to effectuate the intent of this Agreement, including executing such 6 0466.4600: DVDFCFTMZRYM-2035370151-11980 additional documents, instruments, or agreements as may be necessary or desirable to carry out the purposes hereof. Section 6. Notices. Any notice or communication required under this Agreement must be in writing, and may be given personally, sent via nationally recognized overnight carrier service, or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent; or (ii) three days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered or sent via nationally recognized overnight carrier service, a notice will be deemed to have been given and received on the first to occur of: (i) one business day after being deposited with a nationally recognized overnight air courier service; or (ii) delivery to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section 6 of this Agreement, designate additional persons to whom notices or communications will be given, and designate any other address in substitution of the address to which such notice or communication will be given. Such notices or communications will be given to the parties at their addresses set forth below: The URA: The Avon Urban Renewal Authority Attention: Phone: E-mail: With a copy to: Attention: Phone: E-mail: The DDA: The Avon Downtown Development Authority Attention: Phone: E-mail: With a copy to: Attention: Phone: E-mail: 7 0466.4600: DVDFCFTMZRYM-2035370151-11980 Avon Station: Avon Station Metropolitan District c/o Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Attention: Jon Erickson Phone: (970) 926-6060 E-mail: jon@mwcpaa.com With a copy to: WBA, PC 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 Attention: Trisha K. Harris, Esq. Phone: (303) 858-1800 E-mail: tharris@wbapc.com Section 7. Amendment. This Agreement may not be amended, modified, or supplemented except by a written instrument duly executed by all Parties. Section 8. Entire Agreement. This Agreement, and all exhibits attached hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, warranties, and understandings of the Parties with respect to the subject matter hereof. Section 9. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any dispute arising hereunder shall be in the district court of Eagle County, Colorado. Section 10. Counterparts. This Agreement may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies hereof may be delivered by facsimile or email of a PDF document, and, upon receipt, shall be deemed originals and binding upon the signatories hereto, and shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings. Section 11. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Section 12. No Third-Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties and their respective successors and assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Section 13. Authority. Each Party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder, and that this Agreement has been duly authorized by all necessary action of such Party. 8 0466.4600: DVDFCFTMZRYM-2035370151-11980 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. AVON URBAN RENEWAL AUTHORITY By: Name: Title: ATTEST: AVON DOWNTOWN DEVELOPMENT AUTHORITY By: Name: Title: ATTEST: AVON STATION METROPOLITAN DISTRICT By: Name: Title: ATTEST: 0466.4600: DVDFCFTMZRYM-2035370151-11980 EXHIBIT A Depiction of Lot B IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 1 of 4 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE AVON URBAN RENEWAL AUTHORITY, CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE UNTIL 2033 This Intergovernmental Agreement concerning the Remittance of Tax Increments (the “Agreement”) is entered into on June 9, 2026 by and between the Town of Avon, Colorado (“Town”), a home rule municipality organized under the laws of the State of Colorado, and the Avon Urban Renewal Authority (“Authority”) a Authority organized pursuant to C.R.S. § 31- 25-101 et. seq., individually referred to as Party and collectively as Parties. RECITALS WHEREAS, the Town is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 (“Charter”); and WHEREAS, the Authority is a Colorado urban renewal authority established in accordance with§ 31-25-101, et. seq. (“URA Act”), with the purpose of promoting development of properties within adopted urban renewal plan areas for the prevention of blight and for the promotion of economic development and revitalization within adopted plan areas; and WHEREAS, pursuant to Resolution 07-20 Council established the Avon Urban Renewal Authority and subsequently adopted the West Town Center Investment Plan (“WTCI Plan”); and WHEREAS, pursuant to the URA Act and the WTCI Plan, the Authority has the ability and authority to collect and retain the District Tax Increment Revenue derived from taxes imposed on The Summit property which is within the boundaries of the Authority; and WHEREAS, GP Avon Developer, LLC, is a limited liability company who is entering into a Development Agreement with the Town for the development of a 164-unit residential project and an approximate 4,000-square foot commercial community space located on the approximately 1.7-acre real property located within the Town of Avon herein referred to as “The Summit;” and WHEREAS, pursuant to such Development Agreement, the Town is contributing $6,000,000 for the construction on the commercial community space, adjacent patio and dedicated parking spaces and is contributing $4,000,000 towards the purchase of 14 Community Housing Deed Restrictions; and WHEREAS, The Summit development is within the WTCI Plan boundary limits; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-203 and 29-1-203.5, et seq., Colorado Revised Statutes, encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting ATTACHMENT D IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 2 of 4 among themselves, including forming a political subdivision to provide any public improvements, functions, services, or facilities that the governments can each provide individually; and WHEREAS, the Authority has determined that it is in the best interests of the Authority and Town and the taxpayers that the tax increments received from The Summit be remitted back to the Town through December 31, 2033, to reimburse the Town for its significant investment in public benefits, public improvements and Community Housing units at The Summit. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties hereto as follows: AGREEMENT Section 1. Purpose. The purpose of this Agreement is to establish that the Avon Urban Renewal Authority commits to remitting any tax increments generated by The Summit property or development to the Town until 2033, the last year the Authority is projected to receive the full tax increment. Section 2. Collection and Remittance of Tax Increment. The tax increment revenue received by the Authority derived from taxes imposed on The Summit property through 2033 are hereby authorized and approved to be remitted to the Town, to reimburse the Town for its investment in public improvements and investments, including the Community Space, contribution to the Pedestrian Connection, dedication of land for the competition of the Civic Plaza, and the acquisition of Community Housing Deed Restrictions at The Summit, as described in The Summit Development Agreement, dated June 9, 2026. Section 3. Governmental Immunity. Notwithstanding any provision in the Agreement, the Authority and Town are relying on and do not waive or intend to waive by any provision of this Amended and Restated Agreement, the monetary limitations or any other rights, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Authority and Town or its officers or employees. Section 4. Liability. In the event the Town is named as a party in any legal action related to this Agreement and the Town’s collection the incremental tax remittance, the Authority shall select legal counsel to represent the Town in such action. Such action shall be vigorously defended against, the Town shall be consulted as to all significant decisions involved in the action, and the action shall not be compromised or settled without the Town’s consent, which consent shall not be unreasonably withheld. The Authority’s liability shall be limited to those amounts not covered by the insurance carried by the Town. Under no circumstances shall the Authority be liable to the Town for special, punitive, indirect, or consequential damages suffered by the Town arising out of or in connection with the Agreement or any lawsuit brought under this Section. IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 3 of 4 Section 5. Term of Agreement. The Parties have determined that this Agreement, along with all of its terms, conditions, shall go into effect as of June 9, 2026, once approved by all Parties, and shall be in effect through December 31, 2033, the last year the Authority is projected to receive the full tax increment. Section 6. Enforcement. This Agreement and the terms and provisions hereof may be enforced by either Party hereto and their successors and assigns. In the event legal or administrative proceedings are brought against any Party for the purpose of such enforcement, the prevailing Party shall recover from the non-prevailing Party all costs associated therewith, including but not limited to reasonable attorney’s fees. Section 7. Miscellaneous Provisions. 7.1 This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 7.2 No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.3 This Agreement constitutes the entire agreement between the Parties regarding the subject matter thereof and shall be binding upon the Parties, their officers, employees, agents, and assigns, and may not be assigned by any Party without the express written consent of the other Party. 7.4 In the event that any of the terms or conditions of this Agreement or their application shall be held invalid as to any person, entity, or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms or conditions to such persons, entities, or circumstances shall not be affected thereby and this Amended and Restated Agreement shall be interpreted as if such invalid term or condition is not contained herein. 7.5 By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory’s execution of this Agreement. 7.6 The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 7.7 The laws of the State of Colorado, without regard to Colorado laws regarding conflicts of law, shall govern the construction, interpretation, execution and enforcement of this Agreement. Venue for any dispute arising out of or relating to the Agreement shall be in the State of Colorado District Court for Eagle County. IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 4 of 4 7.8 The section headings in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any part of this Agreement. 7.9 This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, §24-71.3- 101, et seq., C.R.S. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. TOWN OF AVON, COLORADO, by and through its Town Council BY: ___________________________ ATTEST:___________________________ Tamra N. Underwood, Mayor Miguel Casanueva, Town Clerk AVON URBAN RENEWAL AUTHORITY BY: ____________________________ ATTEST:____________________________ Tamra N. Underwood, Chairperson Miguel Casanueva, Secretary IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 1 of 4 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE AVON DOWNTOWN DEVELOPMENT AUTHORITY, CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE UNTIL 2054 This Intergovernmental Agreement concerning the Remittance of Tax Increments (the “Agreement”) is entered into on June 9, 2026 by and between the Town of Avon, Colorado (“Town”), a home rule municipality organized under the laws of the State of Colorado, and the Avon Downtown Development Authority (“Authority”) a Downtown Development Authority organized pursuant to C.R.S. § 31-25-801 et. seq., individually referred to as Party and collectively as Parties. RECITALS WHEREAS, the Town is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 (“Charter”); and WHEREAS, the Authority is a Colorado downtown development authority established in accordance with§ 31-25-801, et. seq. (“DDA Act”), with the purpose of developing Community Housing in the Avon Downtown Area to provide additional workforce housing and to sustain and enhance a critical mass of residents in the Avon Downtown Area necessary to support neighborhood businesses and to support the public infrastructure and public facilities which sustain and enhance the attractiveness of business investment in the Avon Downtown Area within the Town; and WHEREAS, pursuant to Ordinance No. 23-02, the Town Council adopted amendments to the Avon Municipal Code which created the Avon Downtown Development Authority; and WHEREAS, in furtherance of its organization and purpose, the Authority adopted the Avon Downtown Development Authority Plan, dated October 2, 2023 (“DDA Plan”); and WHEREAS, pursuant to the DDA Act and the DDA Plan, the Authority has the ability and authority to collect and retain the District Tax Increment Revenue derived from taxes imposed on The Summit property which is within the boundaries of the Authority; and WHEREAS, GP Avon Developer, LLC, is a limited liability company who is entering into a Development Agreement with the Town for the development of a 164-unit residential project and an approximate 4,000-square foot commercial community space located on the approximately 1.7-acre real property located within the Town of Avon herein referred to as “The Summit;” and WHEREAS, pursuant to such Development Agreement, the Town is contributing $6,000,000 for the construction on the commercial community space, adjacent patio and dedicated parking spaces and is contributing $4,000,000 towards the purchase of 14 Community Housing Deed Restrictions; and ATTACHMENT E IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 2 of 4 WHEREAS, The Summit development is within the Avon Downtown Development District boundary limits; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-203 and 29-1-203.5, et seq., Colorado Revised Statutes, encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting among themselves, including forming a political subdivision to provide any public improvements, functions, services, or facilities that the governments can each provide individually; and WHEREAS, C.R.S. §31-25-808(f) provides that the Authority is to “cooperate with the municipality in which the authority is located and any other governmental agency or other public body and to enter into contracts with any such agency or body;” and WHEREAS, the Authority has determined that it is in the best interests of the Authority and Town and the taxpayers that the tax increments received from The Summit be remitted back to the Town through December 31, 2054, to reimburse the Town for its significant investment in public benefits, public improvements and Community Housing units at The Summit. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties hereto as follows: AGREEMENT Section 1. Purpose. The purpose of this Agreement is to establish that the Avon Downtown Development Authority commits to remitting any tax increments generated by The Summit property or development to the Town until 2054, the last year the Authority is projected to receive the full tax increment. Section 2. Collection and Remittance of Tax Increment. The tax increment revenue received by the Authority derived from taxes imposed on The Summit property through 2054 are hereby authorized and approved to be remitted to the Town, to reimburse the Town for its investment in public improvements and investments, including the Community Space, contribution to the Pedestrian Connection, dedication of land for the competition of the Civic Plaza, and the acquisition of Community Housing Deed Restrictions at The Summit, as described in The Summit Development Agreement, dated June 9, 2026. Section 3. Governmental Immunity. Notwithstanding any provision in the Agreement, the Authority and Town are relying on and do not waive or intend to waive by any provision of this Amended and Restated Agreement, the monetary limitations or any other rights, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Authority and Town or its officers or employees. IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 3 of 4 Section 4. Liability. In the event the Town is named as a party in any legal action related to this Agreement and the Town’s collection the incremental tax remittance, the Authority shall select legal counsel to represent the Town in such action. Such action shall be vigorously defended against, the Town shall be consulted as to all significant decisions involved in the action, and the action shall not be compromised or settled without the Town’s consent, which consent shall not be unreasonably withheld. The Authority’s liability shall be limited to those amounts not covered by the insurance carried by the Town. Under no circumstances shall the Authority be liable to the Town for special, punitive, indirect, or consequential damages suffered by the Town arising out of or in connection with the Agreement or any lawsuit brought under this Section. Section 5. Term of Agreement. 6.1 The Parties have determined that this Agreement, along with all of its terms, conditions, shall go into effect as of June 9, 2026, once approved by all Parties, and shall be in effect through December 31, 2054, the last year the Authority is projected to receive the full tax increment. Section 6. Enforcement. This Agreement and the terms and provisions hereof may be enforced by either Party hereto and their successors and assigns. In the event legal or administrative proceedings are brought against any Party for the purpose of such enforcement, the prevailing Party shall recover from the non-prevailing Party all costs associated therewith, including but not limited to reasonable attorney’s fees. Section 7. Miscellaneous Provisions. 7.1 This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 7.2 No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.3 This Agreement constitutes the entire agreement between the Parties regarding the subject matter thereof and shall be binding upon the Parties, their officers, employees, agents, and assigns, and may not be assigned by any Party without the express written consent of the other Party. 7.4 In the event that any of the terms or conditions of this Agreement or their application shall be held invalid as to any person, entity, or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms or conditions to such persons, entities, or circumstances shall not be affected thereby and this Amended and Restated Agreement shall be interpreted as if such invalid term or condition is not contained herein. IGA – Town of Avon-Avon Downtown Development Authority The Summit – Tax Increment Remittance June 9, 2026 Page 4 of 4 7.5 By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory’s execution of this Agreement. 7.6 The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 7.7 The laws of the State of Colorado, without regard to Colorado laws regarding conflicts of law, shall govern the construction, interpretation, execution and enforcement of this Agreement. Venue for any dispute arising out of or relating to the Agreement shall be in the State of Colorado District Court for Eagle County. 7.8 The section headings in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any part of this Agreement. 7.9 This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3- 101, et seq., C.R.S. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. TOWN OF AVON, COLORADO, by and through its Town Council BY: ___________________________ ATTEST:___________________________ Tamra Underwood, Mayor Miguel Casanueva, Town Clerk AVON DOWNTOWN DEVELOPMENT AUTHORITY BY: ____________________________ ATTEST:____________________________ Tony Emrick, Chairperson Chris Neuswanger, Secretary 970-748-4413 matt@avon.org Page 1 of 1 TO: Honorable Mayor Underwood and Council members FROM: Matt Pielsticker, AICP, Director of Community Development RE: First Reading of Ordinance 26-06 Construction Noise Regulations DATE: May 6, 2026 SUMMARY: The attached Ordinance (“Attachment A”) introduces, and defines measurable noise controls for construction activities. The noise standards for construction activities are in alignment with Colorado Revised Statues (“Attachment B”) limitations for Construction/Industrial noise levels. Activites that produce audible noise would continue to be limited to the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. Sundays and national holidays would continue to be limited to the hours of 9:00 a.m. and 6:00 p.m. as currently permitted in Avon Municipal Code Section 8.24.085. This Ordinance would repeal a currently unused chapter (8.44 – Indoor Face Coverings) and amend the Avon Muncipal Code (“AMC”) to enact Construction Noise Control Regulations. BACKGROUND: Staff was asked to bring noise regulations to Council after the receipt of complaints related to construction noise last year. A comprehensive noise abatement Oridnance was presented at the June 23, 2025 Council meeting. The drafted Ordinance included not only construction-related noise, but any audible noise (e.g. snow plowing, yard maintenance) which could be declared a public nuisance. Direction was provided to limit the Ordinance to construction activities. CONSTRUCTION NOISE: I surveyed several municipal noise oridnances. None of the abatement ordinances included regulations related to construction noise other than time of day. The common approach to construction noise is regulating time of day and days of the week, without prescribed decibel limitations. The proposed decibel limitation (80 dB) is in alignment with the Colorado Revised Statutes. OPTIONS: •Approve 1st Reading of Ordinance 26-06 •Continue 1st Reading of Ordinance 26-06 •Table Ordinance RECOMMENDATION: I recommend Council approve first reading of Ordinance 26-06 and set a public hearing for second reading on the next available agenda. RECOMMENDED MOTION: “I move to approve Ordinance 26-06 on first reading, enacting Construction Noise Regulations, and setting forth a public hearing date of June 9, 2026.” Thank you, Matt ATTACHMENT A: Ordinance 26-06 ATTACHMENT B: CRS 25-12-101 Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 1 of 7 ORDINANCE NO. 26-06 REPEALING CHAPTER 8.44 OF THE AVON MUNICIPAL CODE REGARDING INDOOR FACE COVERING REQUIREMENTS AND REPLACING IT WITH CONSTRUCTION NOISE REGULATIONS WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to C.R.S. §25-12-101, the Colorado General Assembly found that noise is a major source of environmental pollution which represents a threat to an individual’s serenity and quality of life; and WHEREAS, further, pursuant to C.R.S. §31-15-401, the Town possesses the authority to adopt laws and ordinances within its police power in furtherance of the public welfare; and WHEREAS, the Town’s Municipal Code provides for construction hours when audible noise from construction activities are permissible, but does not dictate acceptable, measurable noise levels; and WHEREAS, the Town Council finds it desirable and prudent to properly regulate construction noise in line with the Colorado Revised Statute’s limitations to protect the welfare of the public; and WHEREAS, C.R.S. § 25-12-108 establishes that the state statute regulating noise "shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article;" and WHEREAS, the Town no longer finds it necessary to have within the Town’s Municipal Code regulations regarding face covering requirements; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to repeal and reenact Chapter 8.44 of the Avon Municipal Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 2 of 7 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: 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. Repeal and Reenactment of Chapter 8.44 to Title 8 of the Avon Municipal Code. Chapter 8.44, “Indoor Face Covering Requirements” is repealed in its entirely and reenacted in the Avon Municipal Code to read as set forth in Exhibit A: Repeal and Reenacted Chapter 8.44 To Title 8 of the Avon Municipal Code, attached hereto. Section 3. Repeal of Section 8.24.085 of the Avon Municipal Code. Section 8.24.085, “Limitation of construction activity” is hereby repealed in its entirety as set forth in Exhibit B: Repeal in its entirety Section 8.24.085 of the Avon Municipal Code, attached hereto. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, 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. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 3 of 7 such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on May 12, 2026, and setting such public hearing for May 26, 2026 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________________ Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on May 26, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 4 of 7 EXHIBIT A REPEAL AND REENACTMENT OF CHAPTER 8.44 OF THE AVON MUNICIPAL CODE CHAPTER 8.44 – CONSTRUCTION NOISE REGULATIONS Section 8.44.010 Purpose. Section 8.44.020 Definitions. Section 8.44.030 Prohibition on Construction Noise. Section 8.44.040 Sound level measurements. Section 8.44.050 Inspections. Section 8.44.060 Violation – Penalty. 8.44.010 Purpose. This Chapter is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the Town through the reduction, control and prevention of construction noise. It is the intent of this Chapter to establish standards that will eliminate and reduce unnecessary and excessive construction noise which is disturbing, harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business. 8.44.020 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings defined in this Section: “Construction activities” means any activity performed for the purpose of excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. “Construction equipment” means any equipment or mechanical apparatus operated by fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. “Decibel” means a logarithmic unit of measure often used in measuring magnitude of sound. The symbol is dB. “Noise” means sound that is unwanted, and which causes or tends to cause annoyance and/or adverse physiological effects on human beings, or disturbs the peace and quiet of persons on a receptor premises. Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 5 of 7 “Premises” means any building, structure, land, utility or portion thereof, including all appurtenances, and also includes yards, lots, courts, inner yards and properties without buildings or improvements owned or controlled by a person. “Property line” means that real or imaginary line and its vertical or horizontal extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, inclusive of the lines that separate units in a multiple-unit building. “Sound” means an oscillation in pressure, stress, particle displacement and particle velocity which induces auditory sensation. “Sound level meter” means an apparatus or instrument, including a microphone, amplifier, attenuator, output meter and frequency weighting networks, for the measurement of sound levels. The sound level meter shall be a design and have the characteristics of Type 2 or better instrument as established by the American National Standards Institute, Publication S1.4-1971, entitled Specification for Sound Level Meters, or its current successor publication. Section 8.44.030 Prohibition on Construction Noise. (a)Sound levels of noise from construction equipment and/or construction activities radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) between 9:00 a.m. and 6:00 p.m. shall constitute prima facie evidence that such noise is a public nuisance when occurring on Sundays and national holidays. (b)Sound levels of noise from construction equipment and/or construction activities radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) between 7:00 a.m. and 7:00 p.m. shall constitute prima facie evidence that such noise is a public nuisance when occurring on all other days, Monday through Saturday. (c)During construction hours denoted in sections (b) and (c) above, noise levels may be increased by ten db(A) for a period of not to exceed fifteen minutes in any, one-hour period. (d)No person shall operate any construction equipment, nor conduct any construction activities that produces audible noise at a distance of twenty-five feet or more therefrom between the hours of 6:00 p.m. and 9:00 a.m. on Sundays and national holidays, and 7:00 p.m. and 7:00 a.m. all other days; provided, however, that the Town may grant variances from the noise restrictions for construction equipment and/or construction activities if it can be demonstrated that a construction project will interfere with traffic if completed during daytime hours, or that other extenuating circumstances exist requiring relief from this prohibition; and further excepting the operation of municipal street sweeping equipment. Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 6 of 7 Section 8.44.070 Sound level measurements. Sound level measurements made pursuant to this Article shall be made with a sound level meter of standard design using the weighting network/scale. Section 8.44.090 Inspections. (a)For the purpose of determining compliance with the provisions of this Article, the Chief of Police or other designated Town representative shall be authorized to make inspection of all noise sources and to take measurements and tests whenever necessary to determine the volume and character of noise. If any person refuses or restricts entry and free access to any part of a premise, or refuses to allow the inspection, testing or noise measurement of any activity, device, facility or motor vehicle where inspection is sought, the Town official seeking such access and/or testing may petition the Municipal Court for a warrant for inspection requiring that such person permit entry and free access to the subject premises without interference, restriction or obstruction at a reasonable time for the purpose of inspecting, testing or measuring noise. The Municipal Court shall have power, jurisdiction, and authority to enforce all orders issued under the provisions of this Article. (b)It is unlawful for any person to refuse to allow or permit Town officials charged with enforcing this Chapter free access to any premises when such official is acting in compliance with a warrant or court order issued by the Municipal Court. (c)It is unlawful for any person to violate the provisions of any warrant or court order requiring inspection, testing or measurement of noise or noise sources. (d)No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to interfere with any Town official performing his or her duties under this Chapter. Section 8.44.100 – Violation - Penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 7 of 7 EXHIBIT B REPEAL IN ITS ENTIRETY SECTION 8.24.085 OF THE AVON MUNICIPAL CODE Sec. 8.24.085 – Limitation of construction activity. Repealed Construction and excavation activity which produces audible noise at the property lines of the lot or parcel on which such activity is taking place shall be limited to between the hours of 9:00 a.m. and 6:00 p.m. on Sundays and national holidays, and between the hours of 7:00 a.m. and 7:00 p.m. on all other days. Any construction or excavation activity that produces audible noise at the property lines of the parcel containing such activity at times other than the hours defined in this Section shall be deemed a public nuisance. The Town Manager, or his or her designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the Town Manager, or his or her designee, to minimize impacts of the construction activities. 25-12-101. Legislative declaration. The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance. 25-12-102. Definitions. As used in this article, unless the context otherwise requires: (1)“Commercial zone” means: (a)An area where offices, clinics, and the facilities needed to serve them are located; (b)An area with local shopping and service establishments located within walking distances of the residents served; (c)A tourist-oriented area where hotels, motels, and gasoline stations are located; (d)A large integrated regional shopping center; (e)A business strip along a main street containing offices, retail businesses, and commercial enterprises; (f)A central business district; or (g)A commercially dominated area with multiple-unit dwellings. (2)“db(A)” means sound levels in decibels measured on the “A” scale of a standard sound level meter having characteristics defined by the American national standards institute, publication S1. 4 - 1971. (3)“Decibel” is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton’s/meter squared). As an example of the effect of the formula, a three-decibel change is a one hundred percent increase or decrease in the sound level, and a ten-decibel change is a one thousand percent increase or decrease in the sound level. (4) (a)“Industrial zone” means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural, horticultural, or floricultural operations. (b)Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation. (5)“Light industrial and commercial zone” means: (a)An area containing clean and quiet research laboratories; (b)An area containing light industrial activities which are clean and quiet; (c)An area containing warehousing; or (d)An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (5.2) “Motorcycle” means a self-propelled vehicle with not more than three wheels in contact with the ground that is designed primarily for use on the public highways. (5.4) “Motor vehicle” means a self-propelled vehicle with at least four wheels in contact with the ground that is designed primarily for use on the public highways. (5.6) “Off-highway vehicle” means a self-propelled vehicle with wheels or tracks in contact with the ground that is designed primarily for use off the public highways. “Off-highway vehicle” shall not include the following: (a)Military vehicles; (b)Golf carts; (c)Snowmobiles; (d)Vehicles designed and used to carry persons with disabilities; and (e)Vehicles designed and used specifically for agricultural, logging, firefighting, or mining purposes. ATTACHMENT B (6) “Residential zone” means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. “Residential zone” includes hospitals, nursing homes, and similar institutional facilities. (7) “SAE J1287” means the J1287 stationary sound test or any successor test published by SAE international or any successor organization. (8) “SAE J2567” means the J2567 stationary sound test or any successor test published by SAE international or any successor organization. (9) “Snowmobile” means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off the public highways. “Snowmobile” shall not include machinery used strictly for the grooming of snowmobile trails or ski slopes. 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the “Public Utilities Law”, articles 1 to 7 of title 40, C.R.S. (b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12). (c) For the purposes of this section: (I) “Electric transmission facility” means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts. (II) “Rights-of-way for electric transmission facilities” means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility. 25-12-104. Action to abate. Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section 34-32.5- 103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article. 25-12-105. Violation of injunction - penalty. Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. 25-12-106. Noise restrictions - sale of new vehicles. (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue: (a) Any motorcycle manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (b) Any motorcycle manufactured on or after January 1, 1973 86 db(A); (c) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (d) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 1973 86 db(A); (e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 86 db(A); (f) Any other motor vehicle manufactured after January 1, 197 84 db(A). (g) (Deleted by amendment, L. 2008, p. 2102, § 2, effective July 1, 2010.) (2) Test procedures for compliance with this section shall be established by the department, taking into consideration the test procedures of the society of automotive engineers. (3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section commits a civil infraction. 25-12-107. Powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the “A” scale on a standard sound level meter having characteristics established by the American national standards institute, publication S1.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified in this section: (a) Any motor vehicle with a manufacturer’s gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a low-power scooter: Speed limit of 35 mph or less Speed limit of more than 35 mph but less than 55 mph (I) Before January 1, 1973 88 db(A) 90 db(A) (II) On and after January 1, 1973 86 db(A) 90 db(A) (b) (Deleted by amendment, L. 2008, p. 2102, § 3, effective July 1, 2010.) (2) The governing board shall adopt resolutions establishing any test procedures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer’s name and manufacturer’s gross vehicle weight rating shall be considered as having a manufacturer’s gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds. 25-12-108. Preemption. Except as provided in sections 25-12-103 (12) and 25-12-110, this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article. 25-12-109. Exception - sport shooting ranges - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that the imposition of inconsistent, outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific, designated qualifications work to the detriment of the public health, welfare, and morale as well as to the detriment of the economic well-being of the state. The general assembly further finds, determines, and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. As the gain associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs any gains associated with enforcing noise regulations against such ranges, the general assembly further declares that the provisions of this section, as enacted, are a matter of statewide concern and preempt any provisions of any law, ordinance, rule, or order to the contrary. (2) As used in this section, unless the context otherwise requires: (a) “Local government” means any county, city, city and county, town, or any governmental entity, board, council, or committee operating under the authority of any county, city, city and county, or town. (b) “Local government official” means any elected, appointed, or employed individual or group of individuals acting on behalf of or exercising the authority of any local government. (c) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity. (d) “Qualifying sport shooting range” or “qualifying range” means any public or private establishment, whether operating for profit or not for profit, that operates an area for the discharge or other use of firearms or other equipment for silhouette, skeet, trap, black powder, target, self-defense, recreational or competitive shooting, or professional training. (3) Notwithstanding any other law or municipal or county ordinance, rule, or order regulating noise to the contrary: (a) A local governmental official may not commence a civil action nor seek a criminal penalty against a qualifying sport shooting range or its owners or operators on the grounds of noise emanating from such range that results from the normal operation or use of the qualifying shooting range except upon a written complaint from a resident of the jurisdiction in which the range is located. The complaint shall state the name and address of the complainant, how long the complainant has resided at the address indicated, the times and dates on which the alleged excessive noise occurred, and such other information as the local government may require. The local government shall not proceed to seek a criminal penalty or pursue a civil action against a qualifying sport shooting range on the basis of such a noise complaint if the complainant established residence within the jurisdiction after January 1, 1985. (b) No person may bring any suit in law or equity or any other claim for relief against a qualifying sport shooting range located in the vicinity of the person’s property or against the owners or operators of such range on the grounds of noise emanating from the range if: (I) The qualifying range was established before the person acquired the property; (II) The qualifying range complies with all laws, ordinances, rules, or orders regulating noise that applied to the range and its operation at the time of its construction or initial operation; (III) No law, ordinance, rule, or order regulating noise applied to the qualifying range at the time of its construction or initial operation. 25-12-110. Off-highway vehicles. (1) An off-highway vehicle operated within the state shall not emit more than the following level of sound when measured using SAE J1287: (a) If manufactured before January 1, 1998 99 db(A); (b) If manufactured on or after January 1, 1998 96 db(A). (2) A snowmobile shall not emit more than the following level of sound when measured using SAE J2567: (a) If manufactured on or after July 1, 1972, and before July 2, 1975 90 db(A); (b) If manufactured on or after July 2, 1975 88 db(A). (3) (a) A person shall not sell or offer to sell a new off-highway vehicle that emits a level of sound in excess of that prohibited by subsection (1) of this section unless the off-highway vehicle complies with federal noise emission standards. A person shall not sell or offer to sell a new snowmobile that emits a level of sound in excess of that prohibited by subsection (2) of this section unless the snowmobile complies with federal noise emission standards. (b) For the purposes of this section, a “new” snowmobile or off-highway vehicle means a snowmobile or off-highway vehicle that has not been transferred on a manufacturer’s statement of origin and for which an ownership registration card has not been submitted by the original owner to the manufacturer. (4) This section shall not apply to the following: (a) A vehicle designed or modified for and used in closed-circuit, off-highway vehicle competition facilities; (b) An off-highway vehicle used in an emergency to search for or rescue a person; and (c) An off-highway vehicle while in use for agricultural purposes. (5) A person who violates this section commits a civil infraction. (6) No municipality or county may adopt an ordinance or resolution setting noise standards for off- highway vehicles or snowmobiles that are more restrictive than this section. (7) (a) Nothing in this section shall be construed to modify the authority granted in section 25-12-103. (b) Nothing in this section shall be construed to authorize the test to produce a less restrictive standard than the J1287 stationary sound test or the J2567 stationary sound test published by SAE international or any successor organization. (8) The following shall be an affirmative defense to a violation under this section if the off-highway vehicle or snowmobile: (a) Was manufactured before January 1, 2005; (b) Complied with federal and state law when purchased; (c) Has not been modified from the manufacturer’s original equipment specifications or to exceed the sound limits imposed by subsection (1) or (2) of this section; and (d) Does not have a malfunctioning exhaust system. (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Greg Daly, Chief of Police RE: Second Reading of Ordinance 26-08, amending Chapter 10.28, ‘Vehicle Registration,’ and repealing Chapter 10.32, ‘Driver Licenses,’ of the Avon Municipal Code DATE: May 12, 2026 SUMMARY: This report presents the second reading of Ordinance 26-08 (Attachment A), which proposes one amendment and one repeal to the Town of Avon (“Town”) Municipal Code. Specifically, the ordinance would: 1.Amend Chapter 10.28 to authorize the issuance of municipal citations for expired license plates and unregistered vehicles; and 2.Repeal Chapter 10.32, which currently governs driver’s license regulations. BACKGROUND: During the 2025 legislative session, the Colorado General Assembly passed House Bill 25-1112, authorizing municipalities to issue citations for expired license plates and unregistered vehicles into municipal court, thereby streamlining enforcement of these offenses. The Town’s current Ordinance No. 2002-26 authorizes regulation of vehicle registration; however, according to our Town Attorney, this authority was not supported under prior state law. The proposed amendment aligns the Municipal Code with current statutory authority. Additionally, our Town Attorney has determined that Ordinance No. 2002-24, codified in Chapter 10.32 of the Avon Municipal Code, improperly regulates driver’s licenses. Pursuant to C.R.S. § 42-4-110, municipalities do not have authority to regulate driver licensing. Accordingly, this ordinance repeals Chapter 10.32. Violations related to driver licensing will continue to be enforced under state law and adjudicated in county court. FINANCIAL: No financial impact is anticipated. RECOMMENDATION: Staff respectfully recommends that the Town Council approve Ordinance 26-08 on Second and Final Reading, amending Chapter 10.28, “Vehicle Registration,” and repealing Chapter 10.32, “Driver Licenses,” of the Avon Municipal Code, and set a public hearing for Second Reading. PROPOSED MOTION: “I move to approve Ordinance 26-08, amending Chapter 10.28, ‘Vehicle Registration,’ and repealing Chapter 10.32, ‘Driver Licenses,’ of the Avon Municipal Code on Second and Final Reading.” Thank you, Chief Greg Daly ATTACHMENT A: Ordinance 26-08 Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 ATTACHMENT A ORDINANCE 26-08 AMENDING CHAPTER 10.28, “VEHICLE REGISTRATION” AND REPEALING CHAPTER 10.32, “DRIVER LICENSES” OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado (“Town”) has been duly organized and validly exists as a Home Rule municipality under Article XX, Section 6 of the Colorado Constitution and the Town Charter; and WHEREAS, the Colorado Legislature passed House Bill 25-1112 during the 2025 legislative session to allow municipalities to issue tickets for expired plates and unregistered vehicles into municipal courts for a more streamlined enforcement of these offenses; and WHEREAS, the Town currently regulates the driver’s licenses under Chapter 10.32 of the Avon Municipal Code; however, under C.R.S. § 42-4-110, municipalities do not have the authority to regulate the licensing of drivers; and WHEREAS, under C.R.S. § 42-4-111, the Town may reasonably exercise its police power with respect to streets and highways within its jurisdiction; and WHEREAS, the Avon Town Council finds and determines that bringing the Town Code in line with State law is necessary for the immediate preservation of public health, welfare, peace, and safety; and WHEREAS, in furtherance of the above-recited compelling interests, the Town Council desires to enact this ordinance, as authorized by C.R.S. § 42-4-110 and C.R.S. § 42-4-111; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to amend Chapter 10.28 – “Vehicle Registration” ordinance – and to repeal Chapter 10.32 – “Drivers Licenses” – of the Avon Municipal Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of Council. Section 2. Amending Chapter 10.28 and Repealing Chapter 10.32 of the Avon Municipal Code. Chapter 10.28, “Vehicle Registration” and Chapter 10.32 “Driver Licenses” of the Avon Municipal Code is hereby amended and repealed respectively to read as set forth in Exhibit A: Amending Chapter 10.28, “Vehicle Registration” and Repealing Chapter 10.32 “Driver Licenses” of Title 10, “Vehicles and Traffic” of the Avon Municipal Code, attached hereto. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 ATTACHMENT A Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, 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. Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on April 28, 2026 and setting such public hearing for May 12, 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 May 12, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 EXHIBIT A AMENDING CHAPTER 10.28, “VEHICLE REGISTRATION” AND REPEALING CHAPTER 10.32, “DRIVER LICENSES” OF TITLE 10, “VEHICLES AND TRAFFIC” OF THE AVON MUNICIPAL CODE Chapter 10.28 – Vehicle Registration. 10.28.010 – Registration required. (a) It shall be unlawful for any person to drive, stop or park any motor vehicle, trailer, semitrailer or vehicle or for the owner or person in charge of any motor vehicle, trailer, semitrailer or vehicle to cause or knowingly permit such vehicle on any street or highway within the town or any property owned by the town unless the vehicle’s license plate or plates are for the current registration year are properly attached to and displayed on the vehicle in accordance with Colorado law is an offense for any person who owns a motor vehicle, trailer, semitrailer or vehicle which is primarily designed to be operated or drawn upon any highway, or who owns a trailer coach or mobile machinery whether or not it is operated on a highway within forty-five (45) days after the purchase of such vehicle to fail to apply and obtain registration therefor, except when an owner is permitted to operate a vehicle under the special provisions of Section 42-3-103, C.R.S. (b)This Section does not apply to a bicycle, electrical assisted bicycle, electric scooter, or other human-powered vehicle, any vehicle specifically exempted by Section 42-3-104 of the Colorado Revised Statutes, or to any vehicle whose owner is permitted to operate it under provisions of this article concerning lienholders, manufacturers, dealers, nonresidents, and fleet owners. It is an offense for any owner, operator or occupant of a vehicle which is or has been duly registered for the current year in another state or country of which such owner, operator or occupant has been a resident, to become a resident of this State and to fail to immediately apply for and obtain registration for such vehicle for this State. (c) Upon proof that the owner of the motor vehicle, trailer, semitrailer, or vehicle was unregistered for no more than four months at the time of violation and that the motor vehicle, trailer, semitrailer, or vehicle registration has been renewed prior to the owner’s first court date, the court may dismiss the citation if the owner pays a thirty-five dollar ($35.00) administrative dismissal fee to the municipal court. 10.28.020 – Registration card in vehicle. It is an offense for any person driving a motor vehicle to fail to have in his or her possession or carry in the vehicle a current registration card issued for the vehicle, available for inspection by any peace officer. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 10.28.030 – No number plates attached. (a) It is an offense for any person to fail to display the plates assigned to any motor vehicle, trailer, semitrailer, or vehicle operated on any street or highway within the town. in control of a self-propelled motor vehicle to fail to attach to such motor vehicle number plates during the current registration year, one (1) in the front and the other in the rear. The number plate assigned to a motorcycle, trailer or semitrailer or any other vehicle drawn by a motor vehicle or any item of mobile machinery or self- propelled construction equipment shall be attached to the rear thereof. (b) It is an offense for any person in control of any vehicle described in this Subsection to fail to securely fasten each number plate to the vehicle to which it is assigned so as to prevent the plate from swinging and so that it is horizontal at a height not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, free from foreign materials and in a clearly legible condition. (c) It is an offense for any person in control of any vehicle described in this Subsection to knowingly display or affix to such vehicle any number plates or temporary registration permit that is not issued by the State for the specific vehicle to which the number plate or temporary registration permit is attached, except as provided for in Section 42-3-103, C.R.S. (d) It is an offense for any person: (1) To knowingly display, cause or permit to be displayed or to have in his or her possession any certificate of title registration number plate, knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered; (2) To lend to or knowingly permit the use by one not entitled thereto any certificate of title registration card or registration number plate issued to the person so lending or permitting the use thereof; (3) To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application; (4) To use or permit the use of any noncommercial or recreational vehicle to transport cargo or passengers for profit or hire or in any business or commercial enterprise. Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 10.28.040 – Expired number plates/temporary permit. (a) It is an offense for any person to display license plates other than those of the registration period to which they pertain on any motor vehicle, trailer, semitrailer, or vehicle operated on any street or highway within the town.who owns, operates or is in control of any motor vehicle to fail to display license plates or a temporary registration permit other than those of the registration period to which they pertain. (b) Upon proof that the owner of the motor vehicle, trailer, semitrailer, or vehicle was expired for no more than four months at the time of violation and that the motor vehicle, trailer, semitrailer, or vehicle registration has been renewed prior to the owner’s first court date, the court may dismiss the citation if the owner pays a thirty-five dollar ($35.00) administrative dismissal fee to the municipal court. Chapter 10.32 – Driver Licenses Repealed. 10.32.010 – Driving without valid license. No person shall drive any motor vehicle unless such person has been issued a currently valid driver, minor driver or provisional driver license, or an instruction permit, unless such person is classified as being exempt from obtaining a license pursuant to Section 42-2-102, C.R.S. 10.32.020 – Resident more than thirty days. No person shall drive any motor vehicle without a valid Colorado driver license or instruction permit after thirty (30) days of becoming a resident of the State. 10.32.030 – License expired one year or less. No person shall drive any motor vehicle if such person's driver license has been expired for one (1) year or less and such person has not been issued another such license by the State or another state or country subsequent to such expiration. 10.32.040 – Proper class driver license required. No person who has been issued a currently valid driver license or instruction permit shall drive a type or general class of motor vehicle for which such person has not been issued the correct type or general class of license or permit. 10.32.050 – Valid license on person required. No person who has been issued a currently valid driver license or instruction permit shall Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 operate a motor vehicle without having such license or permit in such person's immediate possession. 10.32.060 – Mopeds. An operator of a moped shall possess a valid driver's license. Mopeds may be operated in bicycle lanes included within roadways. No moped may be operated on any sidewalk, pathway or upon any public lands unless such operation is specifically designated. 10.32.070 – Special restrictions. (a) No person under the age of eighteen (18) years shall drive any motor vehicle used to transport explosives or inflammable material or as a school bus for the transportation of pupils to or from school; nor shall any person under the age of eighteen (18) years drive a motor vehicle used as a commercial, private or common carrier of persons or property unless such person has experience in operating motor vehicles and has been examined on such person's qualifications in operating such vehicles. The examination shall include safety regulations of commodity hauling and the driver shall be licensed as a driver or provisional driver. (b) Notwithstanding the provisions of Subsection (a) above, no person under the age of twenty-one (21) years shall drive a commercial motor vehicle as defined in Section 42-2-402(4), C.R.S., except as provided in Section 42-2-404(4), C.R.S. 10.32.080 – Refusal to give license on demand. No person who operates a motor vehicle and has been issued a driver license or instruction permit or state identification card and who has the same in his or her immediate possession shall refuse to remove it from any billfold, purse, cover or other container and to hand it to any peace officer who has requested the person to do so if such peace officer reasonably suspects that such person is committing, has committed or was about to commit an offense. 10.32.090 – License restrictions. No person shall operate a motor vehicle in any manner which violates restrictions, limitations or conditions imposed in a driver license or instruction permit issued to the person by the State or another state or country. 10.32.100 – Notification of change of name or address. It is a violation of this Chapter to fail to notify the Colorado Department of Revenue of any change in name or address within ten (10) days of such change. 10.32.110 – Altered or fictitious license. (a) No person shall have in his or her possession a lawfully issued driver license, Ord 26-08 – Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 instruction permit or identification card that has been altered by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter or any other means so that the same as altered falsely appears or purports to be an authentic and lawfully issued license, permit or identification card. (b) No person shall have in his or her possession a paper, document or other instrument which falsely appears or purports to be a lawfully issued and authentic driver license, instruction permit or identification card, knowing that the same was falsely made and was not lawfully issued. (c) No person shall knowingly display or represent as being such person's own any driver license, instruction permit or identification card which was issued to another person. (d) No person shall knowingly permit any unlawful use of a driver license, instruction permit or identification card. 10.32.120 – Permitting unlicensed person to drive. (a) No person shall knowingly permit any child under the age of eighteen (18) to drive a motor vehicle when such child has not been issued a currently valid driver license or instruction permit or knowingly permit a child under the age of eighteen (18) to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in a license or permit issued to such child. (b) No person shall knowingly authorize or permit a motor vehicle owned by such person or under such person's control to be driven by any person who has not been issued a currently valid driver license or instruction permit or knowingly permit such person to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in the same. 970-748-4023 jskinner@avon.org Page 1 of 7 TO: Honorable Mayor Underwood and Town Council Members FROM: Jena Skinner, AICP, Planning Manager RE: PUBLIC HEARING – CTA 26-002 Code Text Amendment SECOND READING ORDINANCE 26-05 DATE: May 7, 2026 SUMMARY: This report presents to Town Council (“Council”) Second Reading of Ordinance 26-05, a Code Text Amendment (“CTA”) application to modify and or update certain provisions throughout the Avon Municipal Code (“Code”) focusing on increasing wildfire resiliency within the Town of Avon. Town Council approved First Reading of Ordinance 26-05 on April 28, 2026. Over the past 12 months, Town Staff has been working collaboratively with regional partners to regarding new wildfire resilience measures that are in alignment with the newly adopted 2025 State of Colorado Wildfire Resilience Code (“CWRC”). The proposed updates to our existing code will meet or exceed the minimum standards set forth by the CWRC, while reflecting Avon’s distinctive layout and topography, infrastructure, landscapes, and vision for future redevelopment. The CWRC was established by Senate Bill 23-166 in 2023 in order to develop a statewide baseline model code for wildfire resiliency. The mandate for adoption of this code (or an accepted alternative by the State) is within the first quarter of 2026, with a final adoption deadline prior to July 2026. The State approved Avon’s waiver application for a unique alternative code and use of the Eagle County mapping system on April 24, 2026. Approval of Second Reading will mean Avon is in compliance with the State’s mandate. All of Avon lies within the Wildfire Urban Interface and Wildfire Hazard Area. Our goal is to align with neighboring municipalities in addressing Avon’s wildfire resiliency by adopting Eagle County's wildfire hazard rating maps and with consistent site and classification standards for defensible space requirements. In regulating landscaping and by increasing structural hardening requirements through the use of Class 2 ignition-resistant materials, Avon will strengthen its resiliency from the ground up. All of these changes will be captured in Titles 7 and 15 of the Avon Municipal Code (“CODE”). OVERVIEW: The following sections contain modifications: Title 7 – Development Code (Ordinance Exhibit A) • 7.08.010 Definitions • 7.24.070 Accessory Uses and Structures • 7.28.050 Landscaping • 7.28.080 Fences • 7.28.100 Natural resource Protections Title 15 – Buildings and Construction (Ordinance Exhibit B) • Chapter 15.25 - International Wildland-Urban Interface Code • Related: Adoption of the established Eagle County Wildfire Urban Interface (“WUI”) hazard maps as part of the Community Wildfire Protection Plan (“CWPP”) that define the boundaries of the WUI. GOALS: Avon is proactively implementing the most advanced wildfire mitigation strategies, drawing from proven approaches in neighboring mountain communities within and around Eagle County into our codes. By integrating these best practices into local policy, Avon demonstrates a commitment to safeguarding our community while honoring our unique layout, infrastructure, and vision for future growth. In addition to CTA26-002 Wildfire Code Text Amendment May 4, 2026 Page 2 of 7 strategic modifications to Title 7, Avon proposes the adoption of targeted provisions for Title 15: Building and Construction, with a strong emphasis on enhancing the resilience of structures. This will be achieved by requiring the use of high-quality, fire-resistant materials - such as siding, roofing, and vents - and incorporating resilient design features for all new construction and additions within Avon’s Wildland Urban Interface (“WUI”). By tailoring the Avon Municipal Code standards to the unique challenges of mountainous areas, the proposed building code and planning provisions will meet or surpass the minimum requirements established by the CWRC. As part of the CWRC, the State has created an online wildfire mapping system that accompanies the resiliency code. This mapping system is not as comprehensive as the Eagle County wildfire mapping system incorporated as part of the CWPP that Avon relies on for guidance. Avon’s goal is to replace the State’s mapping with Eagle County’s more distinct and realistic hazard maps as part of our code in lieu. These updates will not only heighten awareness of the critical relationship between the built environment and wildfire risk, but also provide clear, actionable guidance as residents renovate homes and as Avon plans for responsible, resilient new development. PROCESS: Updating Title 7 Development Code with this amendment works in parallel with updates the Title 15 Building and Construction to conform to the State’s expectations in increasing community resilience to wildfire. Amendments to Title 7 require presentation to the PZC but Title 15 does not. These updates will parallel one another but are on slightly different timelines as a result of the Code process requirements. PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 17, 2026. No public comments have been received. DISCUSSION: Key expectations of the State’s Colorado Wildfire Resiliency Code: The 2025 Colorado Wildfire Resiliency Code (CWRC) mandates enhanced building standards in WUI areas to improve structural survivability against embers and radiant heat. Key requirements for local jurisdictions include Class A roofing, ember-resistant vents (1/8-inch mesh), noncombustible siding, and strict defensible space vegetation management. Summary of Expectations (Basic): Mandatory Local Adoption • Deadline for Adoption: Local jurisdictions in designated WUI areas must adopt a code that meets or exceeds the CWRC by April 2026. • Full Compliance: Enforcement and full compliance are expected to begin by July 2026. • Local Control: Jurisdictions may implement stricter regulations than the state minimum but cannot go below them. Avon filed a petition/waiver to implement more applicable provisions that meet or exceed the State code. STAFF ANALYSIS & REPORT PZC PUBLIC HEARING RECOMMENDATION 3/9/26 3/24/26 TOWN COUNCIL ORDINANCE & PUBLIC HEARING 1st Reading April 28 2nd Reading May 12 STATE of CO 2025 requirements with 2026 adoption of code by towns CTA26-002 Wildfire Code Text Amendment May 4, 2026 Page 3 of 7 Tiered Structure Hardening - Requirements are based on Fire Intensity Classifications: 1. Class 1 Hardening (Low Intensity): • Class A fire-rated roof coverings or assemblies. • Noncombustible gutters and downspouts. • Ember-resistant ventilation openings. 2. Class 2 Hardening (Moderate/High Intensity): Includes all Class 1 measures plus: • Exterior Walls must use noncombustible, ignition-resistant, or fire-retardant- treated wood. • Decks/Fences: Noncombustible or ignition-resistant materials for decks and for fences within 8 feet of a structure. 2.- Class 2 is what Avon would be classified within the WUI, which encompasses the whole Town and surrounding unincorporated areas. This makes it easier to apply code. It also ensures (to the greatest extent possible) that mitigated properties next to properties that have never been mitigated have greater protection. Defensible Space Standards The code mandates three distinct "Structure Ignition Zones" for new construction and significant additions: • Zone 1 (0–5 feet): Requires noncombustible surfaces (rock, gravel, concrete) and prohibits most new plantings. • Zone 2 (5–30 feet): Focuses on fuel load reduction, including specific spacing for trees and shrubs. • Zone 3 (30–100 feet): Concentrates on keeping fire on the ground through tree crown spacing. Avon is proposing a simpler requirement with 2-zones: 0-5 and 5-10+ zones but containing the same restrictions plus even more specificity for firewood as many lots/owners do not have an extra 30 feet of private property to separate wood from (example) a multi-family unit/condo. Instead, Vail and Avon would permit wood to be stored in a fire/ember-proof metal box closer to the unit. Applicability & Scope The CWRC primarily applies to new construction and certain existing property modifications: 1. New Footprints: Additions that increase a structure’s footprint by 500 square feet or more. 2. Exterior Alterations: Repairs or replacements affecting 25% or more of a roof or exterior wall surface. 3. Accessory Structures: Small, detached structures (under 120 sq. ft.) located more than 10 feet from a habitable building 1. All exterior modifications including new landscaping, addition of accessory structures, additions, etc. will be applicable to these code changes. 2. Small accessory structures are typically exempt from building code, but not from Title 7 (7.24.070 Accessory Uses and Structures) As the existing Code already includes landscaping zones aded in 2023, much of this update clarifies and incorporates improved language surrounding these zones and also infuses the learned experiences Staff has encountered in working with the public using our existing provisions, as well as those experiences CTA26-002 Wildfire Code Text Amendment May 4, 2026 Page 4 of 7 shared with Avon, by other jurisdictions. The State’s CWRC also expands the relationship between planning and building codes as it relates to accessory structures, storage of firewood, and fencing where new considerations of neighboring property boundaries and proximity to offsite improvements now play a part in the siting of these additions. Staff’s greatest criticism of the State’s code is that it appears to be written as if all properties were flat, large lot, single-family environments. The mapping also depicts varying hazard ratings for properties, which our fire professionals feel is inadequate for Avon. This is based on the composition and juxtoposition of Avon where much of our town is located on the valley floor, but we are surrounded by mountaineous terrain on two sides of our elongated township. Age and materials of structures also affect ratings, as does property landscaping. If only a limited number of properties are mitigated, the threat still is high for neighboring, unmitigated properties. A catestrophic wildfire that may occur at a higher elevation in Wildridge, Buck Creek, Beaver Creek etc., increases the potential for fire embers to “rain down” onto the valley floor. Avon is predominently a mix of older duplex, multi-family, and commercial structures, and as such, the State’s code does not truly reflect the fire potential of Avon regardless of lot size in the topographical area we live in. Adopting a well-thought out and pragmatic system of provisions that result in hardening our structures and balancing veritcal and horizontal improvements like landscaping, is the best course of action for Avon. Unless we impose retro-active wildfire mitigation – which is not being proposed, taking a more restrictive approach to wildifre will be necessary for Avon. The Wildfire Urban Interface: Common myths about wildfire in the Wildland-Urban Interface (WUI) often underestimate human agency and fire behavior like, “…only forests burn.” Misconceptions that homes inevitably burn is false when proactive defensible space, structural hardening, and ember management is utilized and can significantly reduce risk, as wildfire often spreads through ignitable debris rather than direct flame contact. • Post-fire research shows that preparing a home with defensible space (removing fuels) and using fire-resistant materials can substantially increase a home’s chance of survival. • Embers (wind-borne firebrands) are the primary cause of home ignition, often landing on roofs or in gutters far ahead of the actual fire front. Wildfires can be extinguished and homes can still burn due to the release of fire embers that can travel up to two (2) miles away. • While materials matter, a non-combustible home filled with flammable and managed landscaping or debris, or homes having open, unscreened vents or storage of combustible materials adjacent to homes under decks, can still ignite. • Wildfires depend on the "fire triangle" - heat, oxygen, and fuel. If fuel is reduced (vegetation, woodpiles) around a home, the fire can pass without destroying the structure. • The "home ignition zone" extends up to 200 feet, requiring management of tree canopies, brush, and flammable, dry, or dead materials well beyond the immediate structure. • Any area where homes intermingle with wildland or overgrown/dense vegetation - is a high-risk WUI. CTA26-002 Wildfire Code Text Amendment May 4, 2026 Page 5 of 7 PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for CTA26-002 (Code Text Amendment). GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This Code Text Amendment is complete. Staff believes sufficient information exists to allow PZC and Council to review this application with the applicable review criteria. This application will not impact demands for public services or infrastructure because it is not a development application. CODE TEXT AMENDMENT: REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code §7.16.040, Code Text Amendments. Staff responses to each review criterion are provided below. (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: This update aims to directly improve the health, safety, and general welfare of the Avon community by increasing the resiliency of the built environment through improved wildfire mitigation standards. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: This amendment attempts to improve the Code to support the resilience of the Avon community through wildfire mitigation. Wildfire mitigation is not historically a common provision of Comprehensive Plans. Through the collaboration with neighboring jurisdictions, the Eagle County Community Wildfire Protection Plan has been utilized by jurisdictions within Eagle County as a wildfire mitigation guiding document stretching back to 2005. As Avon has been involved with this document for over a decade, it has become a “go to” document for implementing wildfire mitigation. Although not an CTA26-002 Wildfire Code Text Amendment May 4, 2026 Page 6 of 7 officially adopted plan by Avon, its mapping and provisions are recognized by Avon and will be adopted through the amendment of Title 15 in using the mapping as Avon’s official source for reviewing wildfire hazards. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal Code. The most relevant goals that may be applied include the following: • Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality • Minimize the risk of damage and injury to people, structures and public infrastructure created by wildfire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; • Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; • Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; and • Promote the health, safety and welfare of the Avon community. Wildfire mitigation supports the community’s resilience. Improved wildfire management also reduces wildfire damage and protects communities and ecosystems pre and post wildfire – especially in its protection of our water systems and environmental resources. Post-wildfire outcomes have a devastating impact on watersheds as the removal of vegetation from fire results in a higher risk of flooding and mudslides - up to 5 years after a wildfire, until vegetation is restored. Increasing wildfire protections throughout the community has a direct relationship with the sustainability and preservation of Avon. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: In 2026, wildfires have become an increasingly frequent occurrence, with recent fires becoming the most economically devastating realities for Colorado. While wildfire insurance is typically included in standard homeowners policies, in Colorado, significant risk and recent catastrophic wildfires have made it harder to obtain and more expensive, particularly in the "wildland-urban interface" (WUI). Coupled with the ongoing drought and state-mandated water conservation measures, these challenges underscore the critical need to enhance Avon's community resilience. Safeguarding our town and citizens is a top priority and will remain a central focus of the built environment moving forward. In summary, these proposed amendments neither remove nor modify the intentions or purposes of the Avon Municipal Code; instead, increasing wildfire protections that are similar to neighboring jurisdictions brings consistency promoting a realistic Code for all users. CTA26-002 Wildfire Code Text Amendment May 4, 2026 Page 7 of 7 RECOMMENDED FINDINGS: GENERAL CRITERIA FINDINGS: 1. The development application is complete; 2. The development application provides sufficient information to allow the reviewing authority to determine if it complies with the relevant review criteria; 3. The development application complies with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment that results in a physical project that utilizes public services or infrastructure. CODE TEXT AMENDMENT FINDINGS: 1. The text amendment promotes the health, safety and general welfare of the Avon community by focusing on increasing the safety of residents by promoting wildfire protections in the WUI; 2. This text amendment promotes and strengthens the implementation of the goals and policies of the Town of Avon Comprehensive Plan as well its supporting plans; 3. The text amendment consistently promotes or implements the purposes stated in this Avon Municipal Code with increased protection language pertaining to development; and 4. The text amendment is necessary or desirable to respond to changed conditions, community resilience concepts, and State mandates, as they pertain to wildfire. OPTIONS: Council has the following options with the Application: • Approve Second Reading of Ordinance 26-05 as drafted • Approve Second Reading of Ordinance 26-05 with changes • Continue the public hearing for Second Reading of Ordinance 26-05 to a specific date RECOMMENDATION: Approval of this Code Text Amendment package. PROPOSED MOTION: “I move to approve Second Reading of Ordinance 26-05, amending Title 7 Development Code and Title 15 Buildings And Construction of the Avon Municipal Code, based on the findings in Sections §7.16.010(f)(1) General Criteria (for an application) and §7.16.040, Code Text Amendments, as presented by Staff.” Thank you, Jena ATTACHMENT: A: Ordinance 26-05 EXHIBITS: A. Title 7 Proposed Development Code Text Amendments B. Title 15 Proposed Amendment: Chapter 15.25 IWUI ATTACHMENT: B: Requested Information Re: Landscaping Deposits Ord 26-05 Code Text Amendment: Title 7 and 15 Page 1 of 3 ORDINANCE 26-05 AMENDING TITLE 7 DEVELOPMENT CODE CHAPTERS 7.08.010 DEFINITIONS, 7.24.070 ACCESSORY USES AND STRUCTURES, 7.28.050 LANDSCAPING, 7.28.080 FENCES, AND 7.28.100 NATURAL RESOURCE PROTECTIONS, AND TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.25 INTERNATIONAL WILDFIRE URBAN INTERFACE OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon (“Town”) 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, Town Staff has been working collaboratively with regional partners regarding new wildfire resilience measures that are in alignment with the adopted 2025 State of Colorado Wildfire Resilience Code (“CWRC”) to develop and adopt a consistent version of this code instead of simple adoption of the State’s code as it does not reflect the environment of our mountainous community; and WHEREAS, the Colorado Wildfire Resiliency Code was established by Senate Bill 23-166 in 2023 in order to provide a statewide baseline model code for wildfire resiliency; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Code Text Amendment (“CTA”) application to amend the Titles 7 and 15 in response to the State’s mandate where with these amendments, the Avon Municipal Code will replace the prescribed standards set forth in the CWRC, while reflecting Avon’s distinctive layout and topography, infrastructure, landscapes, and vision for future redevelopment; and WHEREAS, A Governing Body with jurisdiction in an area within the wildland-urban interface (“WUI”)- such as Avon, has the authority to adopt building or fire codes to adopt a wildfire resiliency code regulation that meet or exceed the minimum standards set forth in the Codes adopted through the State of Colorado; and WHEREAS, the update to Chapter 15.25 would implement a new Appendix J within this chapter, determined by the Avon Building Official as the most appropriate location for expanding wildfire resiliency in the Town Code; and WHEREAS, mapping establishing the Wildland Urban Interface (“WUI”) shall utilize that mapping from the Eagle County Community Wildfire Protection Plan (“CWPP”); and ATTACHMENT A Ord 26-05 Code Text Amendment: Title 7 and 15 Page 2 of 3 WHEREAS, the proposed language modifying and updating specific provisions of Avon Code Sections 7.08.010 Definitions, 7.24.070 Accessory Uses and Structures, 7.28.050 Landscaping, 7.28.080 Fences, and 7.28.100 Natural Resource Protections are included as Exhibit A, and Title 15 Buildings and Construction, Chapter 15.25 International Wildfire Urban Interface (“IWUI”) is included as Exhibit B of this Ordinance; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”) considered all comments, testimony, evidence, and Town Staff reports regarding the amendments of Title 7, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application after publishing and posting notice as required by law, and conducting public hearings on March 9, 2026, and March 23, 2026; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application of Title 7; and WHEREAS, after publishing and posting notice in accordance with the requirements of Avon Municipal Code (“AMC”) Section 7.16.020(d), Step 4: Notice, Council held a public hearing and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application also complies with AMC §7.16.010, General Criteria; and WHEREAS, based on the acceptance of certain findings as presented for the applicable AMC Sections, the Council has approved this application; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Council, or any member of the Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. 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. Code Text Amendments. AMC §7.08.010, §7.24.070, §7.28.050, §7.28.080 and §7.28.100, are hereby amended as depicted in “Exhibit A – Title 7 Code Text Amendments” and §15.25 is hereby amended as depicted in “Exhibit B – Title 15 Code Text Amendment” Ord 26-05 Code Text Amendment: Title 7 and 15 Page 3 of 3 depicting the language to be added or amended. Section 3. 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 has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 26-05 Code Text Amendment: Title 7 and 15 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on April 28, 2026,and setting such public hearing for May 12, 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 May 12, 2026 BY: ATTEST: _____________________________ _______________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: _____________________________ Nina P. Williams, Town Attorney WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 1 of 25 7.08.010 General Definitions The terms in this Section shall be defined as stated in this Section. The rules of interpretation stated in Section 7.04.040, Interpretation, shall apply to the interpretation and application of the definitions in this Section. Access means the driveway or pathway, by which pedestrians and vehicles shall have adequate, usable and legal ingress and egress to property, use or parking space. Access grade means the slope of a road, street, driveway or other means of access, as measured from the edge of asphalt along the centerline of the means of access. Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use. Accessory structure means a subordinate building that is located on the same lot on which the main building is situated, and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental. Accommodation or accommodation unit 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 and shall be no larger than six hundred (600) square feet. For the purposes of calculating allowable units per acre or density, each accommodation unit shall be counted as one-third of a dwelling unit, except as set forth in the definition of dwelling unit herein. Adjacent means meeting or touching at some point or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space. Adjacent property owner means an owner of record of any estate, right or interest in real property abutting and within three hundred (300) feet of the subject property. Alley means a minor or secondary way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Alteration means any change, addition or modification in construction, occupancy or use or change in the exterior materials or design which is inconsistent with an approved design. Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel. Annual high water mark means the visible line on the edge of a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one [1] year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. EXHIBIT A - TITLE 7 WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 2 of 25 Applicant means an owner of real property, the owner's representative or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Appurtenances are the visible, functional or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Artificial Turf means a product comprised of synthetic materials developed to resemble natural grass. Automobile repair shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile repair shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof-like cover of canvas or other material extending in front of a doorway or window or over a deck, to provide protection from the sun or rain. 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 and over four (4) feet above the existing ground level. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year. Basement means the definition of basement as set forth in the most recent version of the International Building Code adopted by the Town. Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Berm means a mound of earth used to screen or separate one (1) area from another to reduce visual, noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound. Best Management Practice (BMP) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures and practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 3 of 25 Blank wall means an exterior building wall with no openings and a single material and uniform texture on a single plane. Block means a unit of land or a group of lots, bounded by streets or by a combination of streets and public lands or other rights-of-way other than an alley, waterways or any barrier to the continuity of development or land which is designated as a block on any recorded subdivision plat. Buildable area means the area of any site, lot, parcel or any portion thereof which does not contain land under water, public rights-of-way, areas in excess of forty percent (40%) slope or other constraints which restrict the physical ability or legal right to build on the property. Building means any permanent structure built 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 Code means the building codes adopted in Title 15 of this Municipal Code, as may be amended. Building envelopes means portions of a lot within which all buildings are confined and is delineated on a plat; a specified area that does not alter or otherwise affect existing setbacks or easements. Building frontage means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a primary entrance to the building. Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof or sloping roof to the existing grade or finished grade directly below said point. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 4 of 25 Bus shelter means a facility or area which provides protection from the weather to persons who are waiting to board a publicly owned or franchised bus. Bus stop means a facility for the loading and discharging of bus passengers. Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size and as measured at twelve (12) inches above the ground for larger sizes. Carport means a structure attached or made a part of the main structure and that is open to the outside on at least two (2) sides for the purpose of sheltering motor-driven vehicles used by occupants of the main structure. Cash-in-lieu (also known as fee-in-lieu) means that the payment of funds to the Town instead of the dedication of real property interest when the Council determines that the dedication of real property interest is not practical or as beneficial as payment of cash-in-lieu of land dedication. Payment of cash-in-lieu shall comply with the following requirements unless otherwise provided for by this Code: (a) Payment shall be based on the fair market value of the entire property based on the per square foot value of the property with the requested development approval that requires dedication of land or cash-in-lieu. (b) The value of the land shall be based upon an amount negotiated between the Town and the applicant taking into consideration sales of comparable properties. In the event that the Town and the applicant are not able to negotiate a mutually acceptable per square foot value for cash- in-lieu of dedication of land, the applicant shall provide an appraisal to the Town at the applicant's cost for consideration by the Council. The Council may accept the applicant's proposed appraised value or may reject the applicant's proposed appraised value and commission an independent appraisal which shall be paid by the applicant. The Council shall then use the appraised value as set forth by the appraisal commission by the Town. (c) Combination of dedication and cash-in-lieu: (1) The applicant, at the option of the Council, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is not desired. (2) The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of, such cemetery. Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children, but specifically excludes any family WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 5 of 25 care home as defined in this Code. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to 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 services. Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions. Combustible and flammable materials mean objects that are comprised of any natural or synthetic material that can ignite, burn, or support combustion when subjected to fire or heat. Unlike noncombustible materials (e.g., steel, masonry), combustible materials are often organic solids such as wood, paper, or plastics. Similarly, liquids that can ignite, burn, or combust with a flashpoint below 100 degrees Fahrenheit are classified as flammable. Common element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common open space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Community Housing means the definition of Community Housing as set forth in Avon Municipal Code Section 3.14.020. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time, provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project which does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 6 of 25 Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also Section 38-30.5-102, C.R.S. Construction (activity) means work done on a job site that alters the existing conditions of a property. Construction staging plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage and construction trailer location, as applicable. The staging plan may be combined on the same plan sheet as the pollution control plan. Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area, which sells everyday goods and services which may include, without limitation, ready-to- eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Critical facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Critical wildlife habitat and migration corridors means areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce. Crosswalk means a pathway delineated on a street for pedestrians to cross. Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of traffic movement. Dedicated real property interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 7 of 25 Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency. Defensible space means an area either natural or human-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. Density, dwelling units per acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per- acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design standard means any standard that sets forth specific requirements for development improvements. Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 8 of 25 (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: (1) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of way; (2) Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic generating activity; (3) The maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; (4) The use of any land for an agricultural activity; (5) A change in the ownership or form of ownership of any parcel or structure; or (6) The creation or termination of rights of access, easements, covenants concerning development of land or other rights in land. Development plan, major means all new building construction over six hundred (600) square feet and as further defined in Section 7.16.080. Development plan, minor means all new building construction six hundred (600) square feet or less and as further defined in Section 7.16.080. Development plan, PUD means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include and need not be limited to easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas and parking facilities; and common open space and other public facilities as further defined in Section 7.16.060. Director means the Director of the Community Development Department of the Town of Avon, as such person is designated by the Town Manager. District means a section or sections of the incorporated area of the Town for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein. Drainage (system) means a built system of pipes, channels or trenches or finished grades utilized to convey stormwater runoff. Drive aisle means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle 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. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 9 of 25 Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road. Dwelling means a building or portion thereof, used exclusively for residential occupancy, including single-family dwellings, duplex and multi-family dwellings. Dwelling, apartment means a room or suite of rooms in a multi-family structure that is arranged, designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only. Dwelling, duplex means a building occupied by two (2) families living independently of each other. Dwelling, live/work means an attached dwelling unit that contains a commercial component of not more than a specified percentage of the unit's gross floor area. Dwelling, multi-family means a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations. Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not including mobile home, otherwise provided herein. Dwelling, timeshare, interval ownership or fractional fee ownership means any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four (4) persons (ownership of an interest in joint tenancy by two [2] persons being considered one [1] person for the purpose of this Section) are entitled to the use, occupancy or possession of such lot, parcel or unit 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). Timesharing unit includes, but is not limited to, a timeshare estate as defined in Section 38-33-110, C.R.S. Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, duplex or multi-family dwelling or mixed-use building. Eagle Valley means the area between Vail, Redcliff, and Dotsero; not including Burns, Bond, or McCoy. Easement means an ownership interest in real property entitling the holder thereof to use, but not possession, of that real property for one (1) or more specific purposes, public or private. Efficiency kitchen means a portion of a room within an accommodation unit or dwelling that may contain a sink, refrigerator, dishwasher, microwave oven, cooktop, wet bar or similar facility but expressly not a stove or oven. Stub-outs for natural gas, propane or 220-V electric hookups are not allowed. Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee housing means that housing used exclusively for persons employed in Eagle County. Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridge lines. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 10 of 25 EV means a vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source or charger. EVSE or electric vehicle supply equipment means the equipment or hardware used to supply electricity to electric vehicles for the purpose of recharging their batteries (also known as electric vehicle chargers, charging stations, or electric vehicle ports). Family – see Household Family child care home means a private residence in a single unit dwelling or dwelling unit in a multiple unit dwelling for the purpose of providing care for not more than twelve (12) children, and operated by a person who resides in the same dwelling unit, where the care is provided for periods of less than twenty-four hours of care per day. Farm animal means animals commonly raised or kept in an agricultural, rather than an urban, environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. Fire-resistance-rated construction means the use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland urban interface area. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or (c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as earth carried by a current of water and deposited along the path of the current. Flood Insurance Rate Map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding courses that can be used to determine BFE for some areas. Floodplain or flood prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5) foot. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 11 of 25 Footprint, also called ground level footprint, means the outline of the total area which is covered by a building's perimeter at ground level. Foster care home means a facility that is certified by the County Department of Social Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance, and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public. Garage, parking means a building or portion thereof, either public or private, used only for the parking of motor vehicles. Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government services, offices and facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to employment offices, public assistance offices or motor vehicle licensing and registration services. Grade, existing means the existing topography of a site prior to construction and may include natural or man-made conditions. Grade, finished means the final elevation of the ground surface after development. Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations. Greenspace means a ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket. Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet. Gross residential floor area (GRFA) means the total square footage of all horizontal areas in residential structures existing on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes) for single family, duplexes, and townhomes, but not those residential units that have been condominiumized with common area being considered as the exterior of these units. Floor area shall include, but not be limited to, stairwells at each level, lofts; storage areas, basements and crawl spaces with a ceiling height of 5 feet or greater, and other similar areas. Non- habitable garages; attics; ceilings vaulted or open to below spaces; storage areas, basements and crawl WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 12 of 25 spaces with a ceiling height of less than 5 feet; and roofed or covered decks, porches, terraces or patios shall not be included as floor area. Gross floor area (GFA) 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 centerline of joint partitions and from outside wall faces. Group home, developmentally disabled means a group home, licensed by the State, for the exclusive use of not more than eight (8) developmentally disabled persons and the appropriate staff. Group home, elderly means an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older and the appropriate staff. (a) Nonprofit group home means a group home for the aged which is owned and operated by a person or organization as provided by 31-23-303, C.R.S., 1973. (b) Owner-occupied group home means a group home for the aged which is owned and operated by an individual or individuals who actually reside at and maintain their primary place of residence in the group home. Group home, mentally ill means a group home, licensed by the State, for the exclusive use of not more than eight (8) mentally ill persons and the appropriate staff. Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities. Habitable means any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area. Hard line drawing means an architectural or engineering drawing produced by the use of computer- aided graphics or other mechanical implement, that does not represent free-hand drawing. Highway corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the state highway. Historic and/or cultural landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Historic Preservation Advisory Committee means a five-person advisory committee appointed by the Council to make recommendations and findings regarding historic sites, structures or features in the Town. Home occupation 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 is subordinate to the residential use of the dwelling unit. Home office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue or any activity associated with a nonprofit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person to enter the property on which the dwelling unit is located; WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 13 of 25 (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes or county health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. 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, training and central services facilities and staff offices. Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group of rooms used primarily for short-term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses, such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Household means an individual living alone or any group of persons living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities, and includes: (a) One or more persons who are or are not related by blood, marriage, adoption, or legal guardianship that are living together in a dwelling unit; (b) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and avoid overwatering. Ignition-resistant vegetation means the ignition or flammability potential of plants and general vegetation. Plants with a low-ignition potential are less likely to readily ignite from a flame or other ignition source and or produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminals, public works yard, container storage). Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial 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 shall not include uses such as mining and extracting industries, petro-chemical industries, rubber refining, primary metal or related industries. Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 14 of 25 areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops. Inoperable vehicle means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally built. Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively. Inter-neighborhood connection means connections (such as trails and roads) between neighborhoods. Intra-neighborhood connection means connections (such as trails and roads) within the same neighborhood. Irrigation ditch or canal means a channel or pipeline designed to transport irrigation water. Junk means any waste, scrap, surplus, or discarded material other than that classified by the State of Colorado as sewage. Junk vehicle, see "Inoperable". Junkyard means a parcel of land, or portion thereof, used for the collecting, storage or sale of junk, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, regardless, if such uses are conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located on a property, for (agricultural) use on the same property. 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 business. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family, which contains a sink and a stove, cooktop or oven powered by either natural gas, propane or 220-V electric hook-up. Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking food. Landowner means any owner of a legal or equitable interest in real property and includes the heirs, successors and assign of such ownership interests. Landscape area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground cover, native grasses, flowers or lawns; natural features and nonliving ground cover, such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include paved walkways or parking areas. Landscaping means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site using vegetative materials, stone, walls, fences, or similar. Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 15 of 25 Large retail establishment means a retail establishment or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading space means an off-street space or berth on the same lot with a building or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. Long-term care facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who, because of a physical or mental condition or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four-hour-per-day nursing services are required. (c) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four-hour-per-day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four-hour- per-day nursing services under the direction of a registered professional nurse employed full time. Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one (1) public street and held under separate ownership. Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 16 of 25 Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot line, front means the property line dividing a lot from a street. Lot line, rear means the line opposite the front lot line. Lot line, side means any lot lines other than the front lot line or rear lot line. Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood-resistance enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; (d) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (e) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Medical marijuana business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for medical marijuana centers, manufacturing of medical marijuana-infused products, or optional premises, as such terms are defined by Section 12-43.3-104, C.R.S., regardless of whether any such use described herein is for profit or not for profit. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 17 of 25 Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis and which is designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards: (a) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (b) Is permanently affixed to and installed on an engineered, permanent perimeter foundation; (c) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (d) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints and peripheral open space areas. Native plant means an indigenous terrestrial and aquatic species that occurs naturally in Avon’s montane region, ecosystem, and habitat. Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens and any wetland area. Non-developable means a delineated area as established by the Town where no development shall occur without approval from the Town of Avon. Areas are physically undisturbed and in their present or natural state. Exceptions to this provision may include access, utility, and drainage easements or similar encumbrances, and wildfire or geologic hazard mitigation. (See also Development) Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction. Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time. Occupancy limitation means the maximum number of persons who may occupy a dwelling unit shall be calculated in accordance with Table 1004.5 of the Town’s adopted International Building Code (IBC), based on an occupant load factor of one (1) occupant per 200 gross square feet of finished floor area. Gross square footage shall include all enclosed and conditioned residential living space within the unit, excluding garages, crawl spaces, and unfinished basements. Nothing in this section prohibits a property owner or landlord from establishing more restrictive occupancy limits by private lease agreement, provided such limits comply with all applicable fair housing laws. Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and 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 WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 18 of 25 resources, structuring urban development form and protecting areas of agricultural, archeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off- street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public. Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi- trailers may not be used for residential or storage uses, except on construction sites. Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel for access, parking and drainage purposes. Owner means the owner of a real property interest which is the subject of and which would be benefitted by a proposed development application. Owner shall include the fee title owner of record according to the office of the Eagle County Assessor, by a legal title opinion or by a title insurance commitment. Owner shall also include other persons who, by partnership, joint venture, contractual relationship or other association, have a ten percent (10%) or greater equity interest in the property or in the owner of record, or who have a contractual right to receive or obtain a defined portion of the property upon approval of a development application by the Town. Owners Association means the association set up to enforce the covenants and maintain all common areas and buildings for a residential or commercial development. Parcel means a tract or plot of land. Park means an area open to the general public and reserved for recreational, educational or scenic purposes. Parking, commercial means a parking lot, structure or garage 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, nongovernmental entity. Parking, public means a parking lot, structure or garage that is available for parking by the general public and which is owned by the Town or a quasi-governmental entity approved by the Town or approved by Eagle County. P.E. stamped design means a design that is stamped, signed and dated by a Colorado registered professional engineer. Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian. Person means a natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity. Personal services means establishments that provide nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 19 of 25 Phase means a portion of property that is being platted and engineered for development at the same time. Phasing plan means a graphic and narrative document that displays the sequence and/or timing of intended development. Plan means the map and supporting documentation for a development which includes, but is not limited to, lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas and conservation areas in accordance with the requirements of this Code. Planned unit development (PUD) means an area of land, controlled by one (1) or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations. Planning and Zoning Commission or PZC means the Planning and Zoning Commission formed and appointed by the Council in accordance with Chapter 7.12 of the Development Code. Planning area boundary means the area surrounding the Town that the Town will consider annexing and developing. The planning area boundary is delineated on the Land Use Map in the Town Comprehensive Plan. Plat means a map of certain described land prepared by a licensed surveyor in accordance with the requirements of this Code and Section Title 38, Article 51 C.R.S. as amended, as an instrument for the recording of real estate interests with the County Clerk and Recorder (also known as a subdivision plat or condominium map, depending on the intent of the process). Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use. Private property right means the rights of a property owner within the Town to use on their property within the legal parameters set forth in this Code and subject to applicable state, federal and constitutional law. Nothing herein guarantees any private property rights to develop in a particular manner except pursuant to a valid vested right. Proof of ownership means ownership as specified in a current title insurance commitment or policy or certification of title, issued by a title insurance company licensed by the State of Colorado. Property means all real property subject to land use regulation by the Town. Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts. Property Management is a land use category for development that is a hybrid of a condominium and hotel, by being operated as a commercial hotel even though the units are individually owned. Public area means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the Town and fee title is vested in the Town, other public body or a special district as defined in Section 32-1-103 C.R.S. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 20 of 25 Public benefit means a benefit which promotes a goal, intent or policy of the Avon Comprehensive Plan, a benefit which implements a public improvement identified in the Avon Capital Improvements Plan or a benefit which is realized by superior or innovative site design, building design or architecture which substantially exceeds the Town's minimum design and development standards; and, which means a benefit that is realized by the general public of the Avon Community. Public facility means those constructed facilities, 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 systems or facilities, electric, gas, telecommunication utilities or facilities and publicly owned buildings or facilities. Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions. Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public. Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas wells, as well as their appurtenances or other hazards to the public. Public school means a free, tax-supported school that is controlled and operated by the school district of the State of Colorado Public use means uses which are owned by and operated for the public by the Town, County, state or federal governments or by school districts. Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities. Quasi-public means having the nature or characteristics of being public, but owned by a private, nongovernmental or not-for-profit entity. Recreational vehicle (RV) means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle: (a) Camping trailer or tent trailer means a folding structure, constructed of canvas plastic or similar water repellent material designed to be mounted on wheels and designed for travel and recreation. (b) Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses and constructed as an integral part of a self-propelled vehicle. (c) Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation. (d) Tent means a portable or temporary cover or shelter, with or without side panels, which is supported by poles and is made of canvas, plastic or similar materials. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 21 of 25 (e) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation. (f) Travel trailer, self-contained means a trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. Recycling facility, drop-off means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited. Recycling facility, indoor means the same definition as recycling facility, drop-off, but is entirely located within a building or structure and may include sorting, crushing, separating, or similar. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads, untreated metal, and luminous paint. Residential use means the use of a building or other structure as a dwelling. Restaurant, drive-through means any establishment in which the principal business is 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 of all or any portion of the business is to allow 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. Restaurant, fast food means any establishment in which the principal business is the sale of food 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: (a) Food and beverages are usually served in paper, plastic or other disposable containers; (b) The consumption of food and beverages is encouraged or permitted within the restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building or for carry-out; and (c) Drive-through facilities are allowed, subject to review of traffic patterns, vehicle stacking areas and entrance and exit locations. Restaurant, standard means any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; where fermented malt beverages and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation includes one (1) or both of the following characteristics: (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; 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. Re-subdivision means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder. Retail-ready means space constructed at a minimum interior height of twelve (12) feet may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail-ready space is WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 22 of 25 to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/ commercial uses accordingly. Such considerations for determining if a space is retail-ready include but are not limited to: independent ventilation; a concrete pad above the space; placement of utilities; integrated trash storage facilities; and architectural features including terracing, stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base. Retention basin means a pond, pool or basin used for permanent storage of water runoff. Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established. Sanitary facility means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these units. Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located, except on properties where the street extends beyond the property line. In these instances the setback shall be measured from the edge of asphalt or walkway, whichever is more restrictive. Setback, front yard means the distance a building or structure must be placed from the front lot line. Setback, rear yard means the distance a building or structure must be placed from the rear lot line. Setback, side yard means the distance a building or structure must be placed from the side lot line. Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by pedestrians and/or bicyclists. Sight distance triangle means the area at an intersection to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements. Site specific development plan means the final plat of a subdivision or final development plan of a PUD (planned unit development) when approved by the Council pursuant to all applicable sections of this Development Code. Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term slope. Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 23 of 25 Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture and signage. Self-storage means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Storage, warehouse means facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, and may be affiliated with nuisances such as dust, noise, and odors, but not involved in manufacturing or production. 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. Structure ignition zone (SIZ) means the area around the home (or structure). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining. Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before start of construction of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or (b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right in front of the other and the front car cannot move until the back car is moved. Temporary use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use and shall not include continuing a nonconforming use or building. Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, including certain residential parcels as shown. See the Town Core Map. WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 24 of 25 Transparency means the use of doors and windows to establish scale, variation, and patterns on building facades to provide visual interest and reflect the uses within the building. Tree Crown means the primary and secondary branches growing out from the main stem, together with twigs and foliage. Trip, vehicle means a single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time. Turf means vegetation that is comprised of continuous, nonnative or non-arid hybridized grass (or natural grass) that is regularly mowed and forms a dense root structure. Use means the purpose for which land or a building is designated, arranged or intended or for which it either is or may be occupied or maintained. USGS datum means United States Geological Survey basis of elevations. Vacation club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the County Tax Assessor, of a building containing one (1) or more units which meet the definition of dwelling, timeshare, interval ownership or fractional fee ownership, and it permits possession of such dwelling by its members and/or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity. Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses and groundcover. Vehicle major repair, servicing and maintenance means any building or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products. Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, pursuant to Section 7.16.140, Vested Property Right. Walkable means a distance of one-quarter (¼) mile or within a five- to ten-minute walk. Walkway means: (a) A right-of-way or easement dedicated to public use that is not within a street right-of way, to facilitate pedestrian access through a property by means of a hard surface path. (b) Any portion of a parking area restricted to the exclusive use of pedestrian travel. Wholesale business means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, WILDFIRE UPDATE 7.08.010 General Definitions Avon Municipal Code Page 25 of 25 or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial or retail use. 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 that is used for some other purpose. 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 structure used to provide only wireless telecommunication services and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication 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, personal communication services or cellular telephone. Zone district means a zone district of the Town as established in Chapter 7.20 of this Code, unless the term is used in a context that clearly indicates that the term is meant to include both the zone districts of the Town and the zone districts of an adjoining governmental jurisdiction, also referred to as zoning district. Zoning Map means the official zoning map adopted by the Town by ordinance, as amended. WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 1 of 4 7.24.070 Accessory Uses and Structures. (a) Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section. (b) Approval of Accessory Uses and Structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures and activities typically associated with the use, unless specifically prohibited in this Development Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. All accessory uses shall be subject to the standards in this Section 7.24.070, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in Section 7.24.050, Use-Specific Regulations or Section 7.24.060, Special Review Uses, above. (c) Interpretation of Unidentified Accessory Uses and Structures. The Director shall evaluate applications for accessory uses that are not identified in this Section on a case-by-case basis, based on the following standards: (1) The definition of accessory use in Chapter 7.08, General Definitions, and the general accessory use standards and limitations established in this Section; (2) The purpose and intent of the district in which the accessory use is located; (3) Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and (4) The compatibility of the accessory use with other principal and accessory uses permitted in the district. (d) General Standards. All accessory uses and structures shall comply with the following general standards: (1) Compliance with this Code: (i) All accessory uses and structures shall be subject to the dimensional requirements of Chapter 7.28, Development Standards. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control. (ii) Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use. (iii) Exteriors of accessory structures shall be comprised of non-combustible materials per Building Code. (2) Location. The accessory use or structure shall be conducted or located on the same lot as the principal use and to the rear of the front setback line, unless otherwise approved by the Director. (i) Principal Property and Structure. No accessory structure shall be located within ten (10) feet of the site's principal structure unless otherwise specified in this Section. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 2 of 4 setback lines applicable to the primary structure, provided that the accessory building is not located closer than ten (10) feet from any alley, and not closer than five (5) feet from any property line. (ii) Neighboring Property. Accessory structures within 10 feet of a structure located on any neighboring properties or within ten (10) feet of any trees on or off of the subject property shall be considered when siting accessory structures. (3) Size. The maximum total size of accessory buildings structures shall be six hundred (600) square feet unless approved by conditional use permit. No accessory building shall exceed the height of the site's principal structure. (4) Same Ownership Required. The principal use and the accessory use or structure shall be under the same ownership. (5) Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility meter, with the exception of an approved accessory dwelling unit. (6) Accessory Structures Not Requiring a Building Permit. Accessory structures that do not require a building permit are subject to this section. This includes any storage of items such as firewood, regardless of if the structure contains habitable floor area or not. (e) Additional Standards for Specific Accessory Uses and Structures. (1) Accessory Dwelling Units. An accessory dwelling unit shall be permitted as a Special Review Use (SRU) subject to the following standards: (i) Districts Allowed. Accessory Dwelling Units (ADUs) shall be allowed as accessory uses to principal residential uses in the following districts: RL, RD and RM. (ii) Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, setbacks, access, and other standards for principal dwelling units including all requirements with 7.28.050 Landscaping in the zoning district in which the Accessory Dwelling Unit will be located. Accessory Dwelling Units may be a separate structure from the principal structure or be attached to and part of the principal structure; however, separate Accessory Dwelling Units must be located on the same ownership property as the related principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as Accessory Dwelling Units. (iii) Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three percent (33%) of the size of the habitable floor area of the principal unit or six hundred (600) square feet, whichever is less. An Accessory Dwelling Unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. (iv) Limit on Number. There shall be no more than one (1) Accessory Dwelling Unit on a lot in addition to the principal single-family dwelling. (v) Off-Street Parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit. (2) Outdoor Display and Sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses, provided that the display of such items does not impede the flow of WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 3 of 4 pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements: (i) Outdoor display or sale shall require approval of the Director and may be subject to appropriate conditions by the Director to ensure compliance with the provisions of this Subsection. (ii) Display of goods shall not be in drive aisles, loading zones or fire lanes and shall not obstruct any entrance to the building. (iii) The total area for display or sale of goods in the front of the building shall be limited to an area that measures five percent (5%) of the net square footage of the main building. (iv) The outdoor display area may be located in a parking lot, provided that the parking available does not fall below eighty percent (80%) of the off-site parking required for the building. (v) No goods shall be attached to a building's wall surface. (vi) The outdoor display area shall take place on an improved surface, such as the sidewalk or pavement. (vii) No outdoor displays shall be allowed in required landscape areas. (viii) At least five (5) feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display. (3) Outdoor Storage. Outdoor storage is a permitted accessory use in the IC zone district with approval of an SRU pursuant to Section 7.16.100, Special Review Use. In the NC, MC and TC zone districts, outdoor storage is permitted through the site plan review process and subject to compliance with the following requirements: (i) Except for outdoor storage associated with industrial or agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure. (ii) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height. The fence shall incorporate at least one (1) of the predominant materials and one (1) of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped in accordance with 7.28.050(g). (iii) A landscaped earthen berm may be used instead of or in combination with a required fence or wall. WILDFIRE UPDATE 7.24.070 Accessory Uses and Structures Avon Municipal Code Page 4 of 4 (iv) If the outdoor storage area is covered, then the covering shall include at least one (1) of the predominant exposed roofing colors on the primary structure and consist of noncombustible materials. (v) No materials may be stored in areas intended for vehicular or pedestrian circulation. (vi) No storage of any items may occur within the front setback area or within one-half (½) of each side setback nearest the street. (vii) Rooftop outdoor storage is prohibited. (viii) No storage of combustible, flammable, or potentially hazardous materials is permitted within a minimum of 30 feet of a structure without mitigative storage. (4) Home Occupations and Home Offices. Home occupations and home offices that comply with the definition and regulations set forth in the Avon Development Code are permitted accessory uses to residential use in residential zone districts. (Ord. 17-05 §6; Ord. 10-14 §3) WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 1 of 14 7.28.050 Landscaping. (a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town: (1) Integrates building sites with natural topography and existing vegetation; (2) Minimizes disturbed areas; (3) Conserves limited water resources by prescribing acceptable water irrigation design budgets; (4) Limits functional and nonfunctional turf grass to designated use areas and properties in Avon; (5) Reduces water use and off-site impacts which can affect the Eagle River; (6) Reduces the amount of reflected glare and heat absorbed in and around developments; (7) Breaks up large expanses of parking lots; (8) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses; (9) Decreases potential wildfire hazards while increasing wildfire resiliency in Avon; and, (10) Encourages use of native plant species applicable to Avon. (b) Applicability. This landscaping Section shall apply to all new development and redevelopment as provided in Subsection 7.28.010(b). (1) Landscape plans for multi-family and commercial properties shall be designed by a licensed landscape architect, Qualified Water Efficient Landscaper (QWEL) certified professional, or a professional landscape designer, unless otherwise specified. Inspection and compliance with approved landscape plan must be obtained prior to issuance of a certificate of occupancy. (2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property with an existing irrigation system, may require a combined assessment of the total irrigated area and water use as part of the development permit review. (c) Landscape Design Irrigation Budget. (1) All irrigated landscaped areas must be included in the calculation (Appendix 7B). The total irrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5 gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of the Director of Community Development, an increase in the landscape design irrigation budget to 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one or more of the following landscaping design elements to incentivize health landscapes: (i) Non irrigated protected native vegetation. (ii) Ecological restoration areas. (iii) Non-irrigated permeable areas. (iv) Stormwater conveyance infrastructure. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 2 of 14 (d) Plant Material and Water Need (1) Aside from the use of invasive and/or noxious plant species, most native plants can be utilized in a landscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires each plant to be classified as low water, medium water, or high-water use. These categories are necessary for calculating the plant water need. An estimate of the plant water needs in gallons per square foot per season, must be provided for any proposed vegetation in the proposed landscaping design. (2) Each hydrozone shall plant materials with similar water use. (3) Plants shall be selected and planted appropriately based upon their compatibility factor and adaptability to the climatic, soils, wildfire ignition potential, elevation, and topographical conditions of the project site. To encourage efficient use of water, the following are highly recommended: (i) Protection and preservation of native species and natural vegetation to the greatest extent practicable. (ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance. (iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure. (iv) Consideration of the solar orientation and type of plant with plant placement to maximize summer shade and winter solar gain. (v) Consideration of wildlife. The Town of Avon does not recommend use of fruit-bearing vegetation that may increase human-wildlife conflicts. Any damage resulting from wildlife foraging on fruit-bearing landscaping material is the responsibility of the property owner. (4) Protected native vegetation areas without irrigation are incentivized through the landscape design irrigation budget calculation. (5) Invasive and/or noxious plant species are prohibited. (6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be implemented on steep slopes. (7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper than 6 inches (6") and must be as far from tree trunk as practically possible. Do not cut roots larger than four inches (4") in diameter (dig under or around). (8) Stormwater management practices minimizes runoff and increases infiltration which recharges groundwater and improves water quality. The implementation of stormwater best management practices like use of bioswales in landscape and site plans is encouraged. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 3 of 14 (9) Green stormwater infrastructure is incentivized through the landscape design irrigation budget calculation. The following treatments associated with the landscape and described in the drainage report will have the following hydro zone values: (i) Non-irrigated permeable surfaces without plants are incentivized through the landscape design irrigation budget calculation. (ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated bioswales shall apply a plant factor value representing the plantings with an efficiency value based on the irrigation method. These areas are incentivized through the landscape design irrigation budget calculation. (10) Project applicants shall refer to the Town of Avon Engineering Department for information on any applicable stormwater ordinances and stormwater management plans. (e) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use abuts a residential district or use: (1) A minimum fifteen-foot-wide buffer space shall be provided. (2) The buffer shall be designed with adequate landscaping or screening to properly separate the differing uses. (3) Walls, boulders, fencing, or a combination of design elements that support the intention of creating a buffer, may be substituted for required shrubs. (4) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed. (5) Mechanical equipment, permanent detention and temporary erosion and sedimentation control basis are prohibited in the buffer area. (6) Utility easements should avoid being placed in the long dimension of a buffer yard. (7) Wherever practical, pedestrian access shall be placed through the buffer yard. (f) Functional and Nonfunctional Living Turf Grass and Artificial Turf (1) Applicability. The installation, planting, or placing, of any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of all new development projects or redevelopment projects including residential, common interest community properties (multi-family or those areas with an owner’s association), commercial, institutional, or industrial properties are prohibited, unless exceptions are provided in this section for residential properties without a common interest or common interest areas, and other nonresidential areas as specified. (2) Functional or Essential Turf Grass. Functional or essential turf grass located in recreational use areas or other spaces that are regularly used for civic, community, or recreational purposes is permitted. More specifically, this typically irrigated turf grass may be used for essential areas WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 4 of 14 and or uses associated with parks, sports fields, playgrounds, picnic grounds, amphitheaters, or similar, and in reasonable and limited portions of residential yards. (3) Nonfunctional or Nonessential Turf Grass. Nonfunctional or nonessential turf grass areas include but are not limited to medians; parking lots, transportation corridors; areas sloped with more than a twenty-five percent grade; commercial, institutional, or industrial properties; areas that are neither designed nor used for passive or active recreational uses. (i) Use of Kentucky Bluegrass is prohibited in nonfunctional or nonessential areas of Avon. (ii) Nonfunctional or Nonessential Turf does not include turf that is designated to be part of a water quality treatment solution. (4) Artificial Turf. Artificial or synthetic turf is permitted only in areas delineated or associated with playground equipment, uses like mini-golf facilities, or for use on recreation fields. It is prohibited to use artificial turf as a substitute or replacement in live landscaping areas on all residential and commercial properties. (g) Wildland Urban Interface. The purpose of this section is to reduce the risks that wildfire poses to life, safety, real commercial or residential property, and to the general natural environment including water systems and wildlife habitat. All landscaping improvements installed after the effective date of these regulations must comply with Section 7.28.050 and any WUI policies, plans, or codes, as adopted and amended by the Avon Town Council. (1) Defensible Space Zones. Avoid fire-prone plant materials and highly flammable mulches and design landscaping per its wildfire hazard potential. Landscaping design plans for projects in fire-prone areas shall address fire safety and prevention. Further, all landscape plantings for properties in a potentially moderate or high wildfire hazard zone must be predominantly Firewise or placed per best wildfire practices for planting within 30 feet of a residence. (i) Zone 1. Zone 1 is 0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall not be planted within the first five feet of any structure. Landscaping in this zone may include hardscaping such as on-grade patios, walkways, driveways, or similar; non-combustible mulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover with low-ignition potential are acceptable. (A) Storage of firewood. Open storage of firewood is prohibited within this area. Use of an ember-proof noncombustible box or cabinet may be acceptable if no other alternative exists. See also 7.24. 070 Accessory Uses and Structures. (B) Fencing or Similar. Any fencing or any retaining or garden walls within zone 1 shall be comprised of noncombustible materials. (ii) Zone 2. Zone 2 is 5-10+ feet from a residence Trees immediately adjacent to the five-foot zone that encroach within five feet of a residence should be limbed up to a height of a minimum of six feet or one-third the total height whichever is less and should be trimmed or WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 5 of 14 pruned to leave at least a two-foot gap between the nearest branch and the building. New installations of trees or similar vegetative materials should be placed no closer than 10 feet from a structure. Thin trees ensuring a minimum of 10 feet of space between the outermost branches (crowns) of adjacent trees. On steeper slopes, this spacing should be increased as fire travels faster uphill. (iii) Zone 3. Zone 3 is 10+ feet from a structure. Continue to reduce potential fuels as the property transitions back to natural growth. Continue to trim trees to a minimum of 6 feet above the ground and away from other trees and shrubs. Reduce ladder fuels by keeping grasses, shrubs, and trees trimmed so that fire will not spread to taller fuels. Maintain a minimum of 10 feet between the edges of tree crowns. On steeper slopes, this spacing should be increased as fire travels faster uphill. (2) Wildfire mitigation is permitted within areas classified or restricted as non-developable. Proposed mitigation in these areas must be approved by the Town of Avon. (h) Road Right-of-Way. Landscaping outside of necessary revegetation materials used for erosion control or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any right-of-way. (1) Landscaping placed adjacent to road-right-of-way may not encroach into actual road-right-of- way. Encroaching landscaping may be removed by Town of Avon. (2) Approved address markers may be placed in road-right-of-way with permission. (i) Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetation and non-vegetative alternatives (e.g., boulders) to create creative installations with varying heights. Table 7.28-7 Landscape Materials -– Size, and Area, and Spacing Requirements Landscape Material Size Spacing Evergreen Tree Mminimum 1.5" Caliper A minimum of eighteen (18) feet between crowns with the distance increasing with the percentage of slope. Tree placement should be planned to ensure the mature canopy is no closer than ten feet to the edge of a structure. Deciduous Tree Mminimum 1.5" Caliper Shrubs Mminimum 5-gallon 2.5 times the mature height of the shrubs Perennials / ground cover Mminimum 2.5 Qt or 1-gallon Annual flower bed No minimum plant size (Calculated by area) WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 6 of 14 Low-water, Low-ignition, or 'Mountainscape' Gground Ccover Nno minimum plant size (Calculated by area using mature width of plants) Earthen berm Minimum 18" high Combustible Mulch Shredded Bbark mulch No minimum Prohibited within 5’ of structure Hardscape Material / Noncombustible Mulch Rock mulch such as river rock, pea gravel, or gravel No minimum Ornamental Pavers Not to exceed 50% (Calculated by area) Permeable Pavement Not to exceed 50% (Calculated by area) Landscape Boulders 3' or greater in height Rockery No minimum plant size (Calculated by area) Crevice Garden No minimum plant size (Calculated by area) Seating No minimum (Calculated by area) Landscape lighting, sculpture, art, and/or sheltering structure/landmark, rain garden, bioswale,, use of recycled and/or repurposed materials No minimum plant size (Calculated by area) Low-water native vegetation as defined by CO Native Plant Society (CoNPS) No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Bronze" No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Silver" No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Gold" No minimum plant size (Calculated by area) Drought Tolerant Seed N/a See 7.28.050(f) (j) Plant selection shall emphasize low-water native mountain region vegetation ('Mountainscape') and shall limit the use of high-water use plant species. All required landscapes, except for dry landscapes, shall include a designed irrigation system (k) Rockeries. (1) Purpose. The general intent of the planted rockery standards is to reduce the necessity for excessive grading and encourage stepping of driveways and buildings with a natural landscape feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallen rock with vegetation) common in alpine environments. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 7 of 14 (2) Standards for Planted Rockeries. (i) Rockeries may be utilized wherever finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints. (ii) Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, or grass plantings. (iii) A rockery shall not exceed seven (7) feet in height unless approved by the PZC. (iv) The design of rockeries shall be constructed of materials compatible with the site local geology. (v) Rockeries over four (4) feet in height shall be structurally designed and certified by a Colorado licensed professional engineer or architect. (l) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street surface parking lots. (1) Parking Lot Perimeter Landscaping: (i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all parking lots having more than ten (10) spaces. (ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to screen the parking area from the street, while maintaining proper tree spacing. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, noncombustible wall, plant material, dryscape materials, or combination thereof. (iii) Where lots are being developed in a mixed-use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to both parking lots. (2) Internal Landscaping: (i) Landscape strips shall be installed between the parking rows of every other double row of parking when parking rows exceed fifty (50) parking spaces. (ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a parking row, either within the parking row or at the end of the parking row. (3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped areas. (4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate pedestrians from vehicles. Internal landscape islands shall: (i) Be a minimum of six (6) feet in width. (ii) Be at least two hundred (200) square feet. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 8 of 14 (iii) Be sunken below the level of the parking lot surface to allow for runoff capture within bioswales or similar. (iv) Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamental grasses in each island. (v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of fifty percent (50%) nonliving landscaping material. Sidewalks or pathways may be counted toward the nonliving landscape material percentage. (5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate pedestrians from vehicles. Internal landscape strips shall: (i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row. (ii) Include a four-foot-wide sidewalk and a six-foot-wide area for installing landscaping. (iii) Meet requirements for interior landscape islands, as outlined above. (6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be established at street intersections by maintaining a maximum height for shrubs and ground cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet of the ground. All applicable sight distance requirements must be met for parking lot internal circulation and access points to the public right-of-way. (7) Landscaping Near Electric Voltaic (EV) Charging Stations. (i) 0-5 Feet from Charger. Use of non-combustible hardscape materials such as concrete, pavers, decorative rock, or gravel only. Do not plant any flammable vegetation, store combustible materials, or place any combustible mulches in this area. (ii) EV Charging Station Maintenance. Maintain the area free of leaves, pine needles, and other easily ignitable debris. Do not place refuse containers in this area. (iii) Plant Selection Beyond 5 Feet of Charger. For landscaping outside the non-combustible perimeter, select fire-resistant, native, and drought-tolerant plant species. (iv) Minimum Spacing of Trees. Deciduous trees are less prone to ignition compared to evergreens. Space and separate trees according to Table 7.28.7. (v) Minimum Spacing of Shrubs. Maintain a minimum spacing between plantings according to Table 7.28.7. (m) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining walls and berms, must be specifically approved and shall conform to the following standards: (1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees, unless wildfire mitigation is necessary. Landscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where the Director accepts the existing vegetation as being in good health and meets the intent of the landscaping requirements of this Chapter. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 9 of 14 (i) No trees or vegetation shall be removed except as specifically allowed in this Section. (ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found by the Director to be imminently threatening property, at risk of disease due to overcrowding, posing high fire danger, or potentially encroaching into easements shall be removed. (iii) All native landscaping shall be kept in its native state, to the greatest extent practicable. (iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth in this Section. (A) Significant Trees. Significant trees, as defined by this Section, shall be preserved to the maximum extent feasible. (1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above the ground. (2) When a significant tree is removed, it shall be replaced on the lot, with a minimum of two (2) trees a minimum height of eight (8) feet or a minimum caliper of two and one-half (2.5) inches. Alternative landscaping in the way of art installations or similar non-irrigated materials may be considered in lieu of vegetation. At the discretion of the Community Development Director, replacement of a significant tree may not be necessary or may be replaced with shrubs if the property owner effectively demonstrates that the existing landscaping does not meet wildfire mitigation standards, the available location for any new trees is not available and or the removal of the significant tree is beneficial in lowering wildfire risk. (3) Replacement trees shall be maintained through an establishment period of at least three (3) years, except that single-family and duplex dwellings shall have an applicable establishment period of one (1) year. (4) It is the responsibility of the property owner to preserve and maintain any established significant tree. Maintenance shall include wildfire mitigation. (5) Alternative tree removal guidelines are at the discretion of the Director. (2) Protective Fencing During Construction. All vegetation shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. The Director shall consider existing site conditions in determining the exact location of any tree protection fencing. (i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent method of fencing at the perimeter of the designated building envelope and a minimum of four (4) feet in height at the drip line around each tree or group of trees within the building envelope to prevent the placement of debris or fill on vegetation to be preserved or within the drip line of any tree. (ii) Inspection. All tree and vegetation protection measures shall be inspected and approved by the Director prior to start of any land disturbing activities. Failure to have protection measures inspected prior to the commencement of construction is a violation of this Development Code. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 10 of 14 (3) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of permissible plant species that are compatible with various climate zones found in the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and may be amended from time to time. The use of native plants as defined by the CO Native Plant Society is recommended. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water conservation goals and would provide the same or better level of visual benefits, and have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town. (4) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-native, or diseased vegetation is required and shall be in compliance with Chapter 8.36. (5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the original location. It may not be possible to remove the dead vegetation in its entirety due to erosion or similar concerns. Dead vegetation may be replaced with non-vegetative materials (e.g., a boulder, art/sculpture, etc.), upon approval of the Director. Non-native vegetation or vegetation classified as an invasive plant species shall be replaced with native vegetation. (i) At the discretion of the Community Development Director, dead landscaping may not need to be replaced if the property owner effectively demonstrates that the existing landscaping does not meet wildfire mitigation standards, the available location for any new trees is not available and or the removal of the dead material is beneficial in lowering wildfire risk. (6) Landscape Plan Required. All -landscape plans must be dated and drawn to scale, showing all lot lines, property improvements, and recorded easements. Plans shall also note and delineate: (i) All planting areas (ii) Hydrozones with similar microclimate, soil conditions, slope, and plant materials with similar water demand. Individual hydrozones that mix high and low-water use plants shall not be permitted. Hydrozone areas shall be designated by water use intensity and identified by number, letter, or other designation on the landscape design plan and irrigation design plan. (iii) Type of mulch and application depth. (iv) Identificationy of any soil amendments, including type, material, depth, and quantity. (v) Quantify areas of Square footage of both pervious and impervious hardscapes. (vi) Location and installation details of applicable stormwater features including infiltration beds, swales, and basins that allow water to collect and soak into the ground. (vi) (vii) Detail any applicable rain harvesting, or catchment technologies as permitted by the State of Colorado. (vii) Which trees will be preserved, removed, or relocated, areas where other existing vegetation is established, and the type, location, size, and number of plants to be installed. (A) If identifying each tree or a cluster of plant material is impractical, the drawing shall outline the dimensions of groves of existing and proposed trees or plants. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 11 of 14 (B) Plan must show scaled mature tree crown or mature coniferous branch spread, and not size of proposed caliper being planted. “Mature” means the tree is at least ten (10) years old. (viii) The size, quantity, ignition rating, water demand, common name, and botanical name of plants used, including ground cover, shall be included in a menu and labeled on the drawing accordingly. (ix) When seed mixtures including use of hydroseeding are used, the percentages of grass or wildflower mixtures and seed application rates shall be specified. (7) Irrigation Plan Required. i. Irrigation Plans shall demonstrate the following: (A) Backflow prevention devices that protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. (B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point of connection of the water supply. (C) Master shut-off valves and flow meters integrated with the automatic irrigation controller on all projects except irrigation systems that make use of technologies that allow for the control of sprinklers that are individually pressurized. (D) Dedicated landscape water meters or sub meters for all non-residential irrigated landscapes five thousand (5,000) sq. ft. or more. (E) For all nonresidential properties, smart irrigation controllers labeled by U.S. Environmental Protection Agency's WaterSense Program or with published reports from Smart Water Application Technologies are required. If a flow meter is used, then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. (F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present. (G) The following table shall be provided on all irrigation plans: Landscape Area Provided % of Lot / Square Footage Total irrigated area % of landscaped area/ square footage Spray area % of irrigated area/ square footage Drip area % of irrigated area/ square footage (measured as three (3) square feet per sprinkler head, unless otherwise shown) ii. The irrigation system design shall: (A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non- irrigated areas, hardscapes, roadways, or structures. Restrictions regarding WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 12 of 14 overspray and runoff may be modified if the landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping. (B) Conform to the hydrozones of the landscape design plan. (C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the manufacturer's recommendations. (D) Meet the required operating pressure of the emission devices using valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, booster pumps, or other devices. The pressure and flow measurements identified at the design stage will be verified prior to the installation of the system. (E) Meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third-party. (F) Achieve the highest possible sprinkler spacing distribution uniformity using the manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard. (G) Minimum pop-up height for sprinklers in turf-grass areas is 6". iii. All irrigation shall be designed and operated according to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD). iv. Above ground temporary sprinkler irrigation may be used to establish vegetation on otherwise non-irrigated portions of the landscaped areas; however, such temporary systems must be removed upon sufficient vegetation establishment as determined by the Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. v. Irrigation Management. (A) Irrigation management includes planning water use, monitoring water use, and verifying that the equipment is maintained and properly adjusted for optimal performance. (B) Add landscape materials adjustments to the system should be in harmony with the original intent of the irrigation design. (C) Scheduling of irrigation events should match the needs of the plants to maintain health, appearance, and meet the function of a landscape. vi. Irrigation Audit. (A) All multi-family and commercial projects must undergo an irrigation audit prior to Certificate of Occupancy. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 13 of 14 (B) All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person or company who installed the irrigation system. (C) The irrigation audit report shall include, but is not limited to: a. System test with distribution uniformity for all turf areas and at least 10% of remaining zones for a well-represented collection of zones; b. Reporting overspray or runoff that causes overland flow; c. Examination of an irrigation schedule, or preparation of one if necessary, including irrigation controller's configuration with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming; and d. System tune-up recommendation. Applicant will work with auditor to reconcile recommendations & off the punch list to meet the standards. vii. Soil Amendment. (A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall consist of material best suited for the subject property. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation. (B) Amended tree soil should have a minimum planting hole diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil layers shall consist of material best suited for the subject property. The percent of organic matter for the topsoil and subsoil shall be measured by weight in accordance with best planting practices. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation. (C) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons that impact plant growth or exceed the Environmental Protection Agency's standards for soil containment. (D) All applicable soil criteria and standards shall be noted on the landscape design plan. (1) Mulch Criteria. a. Organic mulch material, depth, and coverage, shall be applied as appropriate to each species and mulch type. It shall be applied to the soil surface and not against the plant stem or high against the base of the trunk to minimize disease. b. Organic mulch material includes bark and wood chips. Mulch consisting of construction debris such as pallets is prohibited. c. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a minimum depth of two inches (2"). Inorganic mulch is recommended where practicable as it does not hold or absorb water and is preferred for wildfire mitigation purposes. WILDFIRE UPDATE 7.28.050 Landscaping Avon Municipal Code Page 14 of 14 (8) Revegetation Required. (i) All disturbed areas must be adequately reseeded and restored on all projects. (ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed organic matter such as, but not limited to, compost, composted horse manure or composted chopped straw or hay. Straw tackifier, hydroseeding, or matting on steep slopes is required to prevent soil erosion. The addition of decomposed organic matter is also required prior to turf installation. (9) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. Landscaping materials installed in the fall may not be able to be inspected until the following spring. A refundable deposit may be required to guarantee funds will be available for any materials that did not survive planting. (10) Maintenance. All landscape improvements shall be maintained and replaced by the property owner. (11) Dry Landscape Substitutions. (i) The following table identifies materials that may be used for landscaping purposes: Table 7.28-8 Material Minimum Size or Example Value Maximum Use Boulders 24" x 30" Six (6) shrubs per boulder Twenty-five (25) percent Dry creek bed or other significant landscape feature. One (1) shrub per twelve (12) square feet Fifty (50) percent Shade structure or other structure. Small bridge, pavilion, etc. One (1) shrub per twelve (12) square feet Fine art/sculpture Small garden ornaments are not included. One (1) shrub per twelve (12) square feet Twenty-five (25) percent Low-water Shrubs: density to attain fifty (50) percent bed coverage after three (3) years Two (2) gallon container size No limitation Other installations Play equipment, monuments, etc. As determined by Director As determined by Director (n) Hydrant Clearance and Landscaping. In addition to the provisions of 13.04.100, no landscaping is permitted 20 feet above a hydrant. (Ord. 25-19, Ord. 23-01, § 2(Exh. A); Ord. 17-12 §4; Ord. 10-14 §3) WILDFIRE UPDATE 7.28.080 Fences Avon Municipal Code Page 1 of 3 7.28.080 Fences. (a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and in public rights-of-way, to maintain the openness of properties to protect the light and air to abutting properties, to provide adequate screening by regulating the height, location and design and to promote the movement of wildlife through portions of Town. (b) Fence Design Standards. (1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood, fences should complement the property and landscape rather than contain the property. The following review criteria apply for the review of fence applications: (i) Fence material shall be wood, with the exception of that fencing being placed within 0-8 feet from a structure, and no more than four (4) feet in height. Fence height shall be measured from finished grade. Grade shall not be altered for the purpose of increasing fence height; Fencing within 0-8 feet from a structure must be compromised of non-combustible material. Wood fencing may not be connected to a structure; (ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails. Fencing within 0-8 feet of a structure may be of a different design and comprised of noncombustible or approved ignition-resistant materials; (iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property lines; (iv) Fences shall not enclose an area of one thousand two hundred (1,200) square feet or more; (v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design; (vi) If a fence is part of a multi-family project, approval shall be received from the association and the fence design shall be integrated with the overall landscape design of the property; and (vii) If a fence is located on a duplex property, written approval shall be received from the adjoining property owner and the fence design must be integrated with the overall landscape design. (viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food crops, the design must be consistent with the following criteria: (A) Have a maximum height of six (6) feet; (B) Have a maximum area of two hundred (200) square feet; (C) Be at least fifty percent (50%) open; (D) Fences with wire mesh are encouraged over solid wood-materials; and (E) Fences enclosed on the top and greenhouses are considered accessory structures. (ix) Privacy Fencing. Privacy fencing within 0-8 feet of the home must be fire and ignition- resistant with a Class A noncombustible material such as metal, masonry, or stone, or an approved Class B rated material. Treated building materials will not be allowed unless the treatment is rated to maintain its rating for the life of the material without reapplication. WILDFIRE UPDATE 7.28.080 Fences Avon Municipal Code Page 2 of 3 (2) All other zone districts: (i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal buildings on the same lot. If used along collector or arterial streets, such features shall be made visually interesting by integrating architectural elements, such as brick or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or through similar techniques. A fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50) feet. (ii) Materials: (A) Fencing within 0-8 feet of the home or commercial building must be fire and ignition- resistant. Treated building materials will not be allowed unless the treatment is rated to maintain its rating for the life of the material without reapplication. Stone walls or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls and stone piers are encouraged , with non-combustible materials preferred. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for grading purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall. (B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other standards residential fences of a similar nature approved by the Director. (C) Solid fences shall be constructed to meet the wind design criteria including wind speed minimums of the adopted Building Code (D) Other materials may be incorporated in fences and walls and may be approved by the Director. (iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire or electrically charged fences are prohibited. Chain-link fencing with or without slats shall not be used as a fencing material for screening purposes. (iv) Height Limitations. (A) No more than forty-two (42) inches high between the front building line and the front property line. For corner lots, front yard fence regulations shall apply to both street sides of lot. (B) No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. (C) No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard. (D) No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard. (E) No more than thirty (30) inches high when located within the sight distance triangle. Fences within this sight distance triangle shall not be solid. (F) In the Light Industrial and Commercial (IC) zone district, a chain-link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and not visible at the intersection. WILDFIRE UPDATE 7.28.080 Fences Avon Municipal Code Page 3 of 3 (v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected regularly to ensure stability and safety, and for aesthetic values. (Ord. 25-06; Ord. 23-01, § 2(Exh. A); Ord. 21-09 §16; Ord. 17-12 §5; Ord. 10-14 §3) WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 1 of 24 7.28.100 Natural Resource Protection. (a) Steep Slopes. (1) Purpose. The purpose of this Subsection is to: (i) Prevent soil erosion and landslides; (ii) Protect the public by preventing or regulating development in locations with steep slopes; (iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and provide access for emergency vehicles necessary to serve the hillside areas; (iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls; (v) Discourage mass grading of large pads and excessive terracing; and (vi) Require revegetation and reclamation of slopes disturbed during development. (vii) Protect structures from the threat of wildfire through the implementation of wildfire mitigation practices. (2) Applicability. The standards in this Section shall apply to all new development, with the exception of administrative and minor subdivisions and all other subdivision, PUD and rezoning processes that do not result in an increase in density. (3) Standards. Development subject to these standards shall comply with the following standards: (i) Development on natural slopes of forty percent (40%) or greater is prohibited. (ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the Town Engineer. (iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent (40%) shall remain in natural private or public open space, except as expressly allowed in this Section. This area may be credited toward open space requirements and minimum lot area requirements. (iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty percent (30%) that is larger than two thousand five hundred (2,500) square feet, the lot shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred fifty (150) linear feet. Lots shall not be mass-graded to avoid this provision. (v) Limits on Graded or Filled or Constructed Slopes. (A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged wherever possible. (B) Graded or filled or constructed slopes shall not exceed a slope of fifty percent (50%). (C) Cut human-made surfaces or slopes shall not exceed a slope between twenty-five percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or geotechnical report prepared and WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 2 of 24 approved by the Town Engineer, that a cut at a steeper slope will be stable and will not create a hazard to public or private property. (D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The cut surface of the bedrock should be "sculptured" to create an irregular profile which approximates natural rock outcroppings on the site. Planting pockets may be created in the sculptured rock for grasses and forbs. (E) All cut, filled and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain pursuant to Paragraph (xii)(F) below and Section 7.28.050, Landscaping. (vi) Natural Design: (A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut and fill slopes (within approximately five [5] feet of the sharp angle). Where this would damage tree root systems, the amount of rounding off may be reduced and shrubs used instead to hide the transition. (B) Slopes providing a transition from graded areas into natural areas should be varied in percent grade both up-slope and across the slope, in the undulating pattern of surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope will vary from a straight line in plain view. (C) Natural grade at the lot lines shall be maintained. (vii) Separate Pads: (A) Cutting and grading to create benches or pads for buildings or structures shall be avoided to the maximum extent feasible. (B) Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be allowed except where the natural slope is twenty percent (20%) or less. (viii) Parking Areas. Parking areas should be constructed on multiple levels and follow natural contours as necessary to minimize cut and fill. (ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall comply with the standards of Section 7.28.070, Retaining walls. (x) Natural Drainage Patterns: (A) Site design shall not change natural drainage patterns. (B) To the maximum extent feasible, development shall preserve the natural surface drainage pattern unique to each site as a result of topography and vegetation. Grading shall ensure that drainage flows away from all structures, especially structures that are cut into hillsides. Natural drainage patterns may be modified on- site only if the applicant shows that there will be no significant adverse environmental impacts on-site or on adjacent properties. If natural drainage patterns are modified, appropriate stabilization techniques shall be employed. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 3 of 24 (C) Development shall mitigate all negative or adverse drainage impacts on adjacent and surrounding sites. (D) Standard erosion control methods shall be used during construction to protect water quality, control drainage and reduce soil erosion. Sediment traps, small dams or barriers of straw bales shall be located wherever there are grade changes to slow the velocity of runoff. (xi) Revegetation Required. Any area exposed in new development shall be landscaped or revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6), Revegetation plan. (xii) Streets, Roads and General Site Access: (A) Access to a building or development site shall be by road, street or private access road only. (B) Streets, roads, private access roads and other vehicular routes shall comply with all requirements of this Code and design specifications. (C) Streets, roads, private access roads and other vehicular routes shall not be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless specifically authorized by the PZC after finding that all of the following conditions and constraints are applicable: 1) No alternate location for access is available; and 2) No significant adverse visual, environmental or safety impacts will result from the crossing, either by virtue of the design and construction of the street, road, private access road or other vehicular route as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts. (D) Under no circumstances shall any street, road, private access road or other vehicular route cross slopes greater than fifty percent (50%). (E) Streets, roads, private access roads and other vehicular routes shall, to the maximum extent feasible, follow natural contour lines. (F) Grading for streets, roads, private access roads and other vehicular routes shall be limited to the asphalt portion of the right-of-way, plus up to an additional ten (10) feet on either side of the asphalt as needed, except that when developing access on slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way shall be graded plus the minimum area required for any necessary curb, gutter or sidewalk improvements. The remainder of the access right-of-way shall be left undisturbed to the maximum extent feasible. (G) Roads, other vehicular routes or trails may be required to provide access or maintain existing access to adjacent lands for vehicles, pedestrians, emergency services and essential service and maintenance equipment. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 4 of 24 (xii) Wildfire Mitigation: (A) Requires aggressive fuel reduction and other mitigation as fire moves faster uphill. Mitigation includes creating wider defensible space, using ignition-resistant plants, thinning trees, and clearing debris. The width of this defensible space may vary, as determined by a professional wildfire assessment and as approved by the Town of Avon. (b) Stream, River, Waterbody and Wetlands. (1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic value of streams, rivers, water bodies and wetland areas of the Town. (2) Applicability. This Subsection shall apply to all new development, except for the following development or activities: (i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and harvesting; (ii) Maintenance and repair of existing public roads, utilities and other public facilities within an existing right-of-way or easement; (iii) Maintenance and repair of flood control structures and activities in response to a flood emergency; (iv) Wetland and wildlife habitat restoration, construction or enhancement that improves or restores the wetland or stream corridor functions, provided that the proposed activity is approved by the appropriate agency such as the U.S. Army Corps of Engineers; and (v) For the purposes of wildfire mitigation in the Wildland Urban Interface (WUI) as determined necessary by a professional wildfire assessment and as approved by the Town of Avon. The standards of this Section shall apply in addition to the standards of Subsection 7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two (2), the more restrictive provision shall apply. (3) Nondegradation of Streams, Rivers and Wetlands. The applicant shall show evidence and plans to ensure that the proposed development does not result in reasonably avoidable degradation of streams, rivers or wetlands. This condition shall apply to both the development activities and the ultimate use of the land. Items such as settling ponds, filtration galleries, sand traps and the ultimate maintenance of these items shall be addressed and resolved prior to subdivision approval. See also Subsection 7.28.100(c), Grading, Erosion Prevention and Sedimentation Control. (4) Riparian Buffers. The following buffers Buffers are established required from the mean annual high water line (AHWL), as determined by the Town Engineer, on each side of any perennial stream or river, water body or wetland. (5) Riparian Protection Buffer: (i) Intent. The riparian protection buffer is intended to protect the habitat, wetland, slopes and features in the immediate vicinity of riparian areas. These areas are typically ecologically rich but sensitive habitats that also serve as critical buffers to sedimentation. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 5 of 24 (ii) Minimum Width. The minimum width of the riparian protection buffer shall be thirty (30) feet from the AHWL. (iii) For subdivisions, PUDs or rezonings, the Director may request a specific survey of the extent of riparian zone if unable to easily ascertain the extent. (iv) Permitted Uses and Activities. Except as required to accommodate a permitted use or activity, all existing vegetation within the riparian protection buffer shall be preserved and, where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native or adapted planting and landscaping. (v) Allowed Activities and Uses. The following uses are allowed in both the riparian protection buffer: (A) The planting of native riparian vegetation with hand equipment. (B) Agricultural purposes on lands used primarily for agriculture, provided that a ten-foot- wide buffer of natural vegetation is left on the stream bank. (C) Maintenance of landscape existing and in compliance with local regulations on November 16, 2010. (D) Bank stabilization activities. (E) Electric, natural gas, cable communications and telephone utility related activities within an existing right-of-way or easement where necessary. (F) The control and maintenance of noxious weeds, provided that non-chemical control methods are used. U.S. EPA-approved herbicides may only be used if applied using a wick device. A wick device applies the herbicide only to the surface of the weed. (G) The following management activities: (1) Nonmechanized removal of fallen dead branches or fallen dead trees, although this practice is only allowed if the dead vegetation poses an immediate threat to health and safety due to the beneficial wildlife, fisheries and environmental value of fallen dead branches and trees; (2) Nonmechanized removal of hazardous leaning trees or dead branches; and (3) The clearing of one (1) private trail on a lot of up to three (3) feet in width that serves as access to the waterbody or clearing for a public trail as approved by the Town. Staircases are considered part of a trail; and (4) Maintenance of river access locations. River access, river recreation and spectating. (H) No disturbance of land shall be allowed within riparian buffers, including but not limited to dumping, filling, dredging, new construction, excavating, substantial improvements or modifications, installation of septic systems, scraping by motorized equipment, removal of vegetation or root systems or transferring materials that will reduce the natural storage capacity of the land or interfere with the natural flow pattern of any watercourse or degrade the quality of surface or ground water. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 6 of 24 (I) The construction of bridges over a riparian feature and within the riparian buffer is permitted, provided that bridges are planned and constructed so as to minimize impacts on the riparian feature and minimizes disturbance and removal of vegetation. (J) Fire pits, the use of Charcoal and LP-gas grills, barbecues, smokers (including pellet smokers), and similar appliances considered open flame cooking devices, as well as open burning of wood piles are prohibited in riparian buffers due to high wildfire risk and the ecological sensitivity of these areas. (6) Ephemeral Streams. Development shall not be permitted within the channel of an ephemeral stream, as defined by its AHWL, except that the Town Council may grant waivers or modifications from this prohibition upon a finding that the development will have no adverse environmental impacts or that such impacts will be substantially mitigated. (c) Grading, Erosion Prevention and Sedimentation Control. (1) Purpose. Siltation of rivers and other water bodies is a leading cause of water quality impairment in rivers and lakes. The purpose of these requirements is to minimize the water quality impacts resulting from land development and other land-disturbing activities. (2) Applicability. This Subsection shall apply to any disturbance within one hundred (100) feet of a stream, all grading unless waived by the Town Engineer, all residential development disturbing more than one-quarter (¼) acre, all mixed use, commercial and industrial development and all proposed subdivisions and PUDs. (3) Permit Required. No grading shall be performed without first having obtained a permit from the Town Engineer. A grading permit does not allow for the construction of retaining walls or other structural elements. (i) All grading must be in conformance with the International Building Code (IBC) as adopted by Chapter 15. (ii) The building code as set forth in Chapter 15 shall regulate any exemption to a required grading permit. (4) Erosion Control Standards. The applicant shall minimize erosion of soils from a site that is being developed by complying with the following standards. Sediment and mud shall not be discharged from disturbed areas in greater quantities than the fully vegetated undisturbed state. (i) Phase Construction. Construction activities such as clearing, grading, road construction and utilities installation shall be phased to minimize soil exposure. Sediment-trapping practices and stream and other water body protection shall be installed and stabilized before site grading or other construction is initiated. (ii) Soil Stabilization. All disturbed areas and soil stockpiles shall be surface roughened, mulched, seeded and mulched or otherwise protected from erosive forces if they are to remain exposed and inactive for periods longer than fourteen (14) days or if soil will be exposed during winter, so that erosion will not occur during spring snow melt. Disturbed areas shall be mulched or seeded and mulched within seven (7) days after final grade is reached. Grass or straw mulch shall be crimped in place. On slopes greater than twenty WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 7 of 24 percent (20%) or within fifty (50) feet of any water body, exposed soils shall be hydro- mulched or covered with nets or mats. (iii) Excavation. Excavation for footings and foundations shall be minimized to the maximum extent feasible in order to lessen site disturbance, avoid the disruptions of existing natural features, such as mature trees, and ensure compatibility with hillside and sloped terrain. Intended excavation must be supported by detailed engineering plans submitted as part of the application for site development plan approval. (iv) Cut and Fill Slopes. Where cut and fill cannot be avoided, slopes shall be designed for long-term stability. Permanent, drought tolerant native vegetation with low wildfire ignition potential that is complimentary to the subject area should be used as the preferred approach to stabilization of cut and fill areas where slopes are less than or equal to two-to- one (2:1). On cut and fill slopes steeper than two-to-one (2:1), stabilization may be attained by utilizing retaining walls, rock walls, up-slope runoff diversions, slope drains or other measures appropriate for the specific situation. Rockfall mitigation will be required for slopes steeper than two-to-one (2:1) if appropriate. Where retaining walls are used, they shall meet the requirements of Section 7.28.070, Retaining Walls. In no case shall the soil surface of a cut and fill slope remain exposed without an approved method of soil stabilization. (v) Construction in or Adjacent to a Water Body. Construction in or directly adjacent to any water body, such as culvert or bridge installation, shall require bed and bank stabilization. This may include stream isolation through the use of coffer dams, complete containment of the stream in the area of the disturbance, stream-crossing structures or limits on the dates when in-stream work can be performed. (vi) Channels and Ditches. New or re-routed irrigation ditches, receiving channels and streams shall be protected so that flows from the site do not cause erosion and flooding. (vii) Stormwater Runoff. Stormwater runoff flows shall be managed to minimize erosion and sediment transport. Concentrated flows shall be diverted away from disturbed slopes. The length and steepness of disturbed slopes shall be minimized or slope drains shall be used. (viii) Sediment and Mud Control. Sediment and mud shall be prevented from leaving the construction site by immediate placement of street base or construction of mud pads in access routes. Mud pads shall be at least fifty (50) feet in length and comprised of angular rock and/or a wheel washing facility. Adjacent properties shall be protected by using sediment fences, straw bales and silt traps. Storm sewer inlets shall be protected from entry of sediment-laden water. (ix) Sediment Detention: (A) When the contributing drainage area, including off-site area, is greater than one (1) acre, sediment detention ponds, infiltration devices and other management practices that store or detain runoff shall be used to treat sediment-containing runoff prior to discharge from the construction site. These practices shall be designed to treat the runoff from the two-year, twenty-four-hour storm. Sediment detention ponds, when included, shall be designed to achieve ninety percent (90%) trap efficiency for all sediments of 0.005 millimeter or larger diameter. If the discharge from the pond is WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 8 of 24 passed through a filtration (i.e., constructed wetland) or infiltration device, the trap efficiency requirements may be reduced at the discretion of the Town Engineer. (B) Where the contributing drainage area is less than one (1) acre, a specific engineered design for these sediment trapping facilities shall not be required. As an alternative, silt traps may be used to detain and treat runoff. (x) Temporary Sediment Ponds. Temporary sediment ponds that will be removed after successful revegetation of the site shall be designed to safely detain and release all storms up to and including the twenty-five-year, twenty-four-hour storm at its historic, pre- development rate of release. Ponds that will be left as permanent facilities shall have a capacity to safely pass the one-hundred-year flood and meet any dam and diversion requirements of the state engineer. (xi) Construction De-Watering. All construction de-watering activities shall conform with the State's construction de-watering permit requirements, which include daily monitoring of total suspended solids with a thirty-day average concentration of no more than thirty (30) milligrams per liter and a seven-day average of no more than forty-five (45) milligrams per liter. Discharges from construction de-watering operations shall be accomplished in a manner that does not cause erosion. (xii) Inspection and Maintenance. At a minimum, the applicant shall inspect all erosion and sediment control devices monthly. In addition, the applicant shall inspect all erosion and sediment control devices after any precipitation event that occurs during construction and make any necessary repairs immediately thereafter. An inspection log shall be kept on-site for review by the Town until the project is complete. A copy of the inspection log sheets shall be delivered to the Town at the end of each month during construction. (xiii) Permanent Revegetation. Any disturbed area that is not built upon for a period of one (1) year or longer shall be revegetated pursuant to Paragraph 7.28.100(c)(6), Revegetation Plan, below. (xiv) Post-fire Mitigation. To reduce post-fire erosion and debris-flow risks to the watershed and downstream communities, riparian restoration shall be coordinated with the Town of Avon. (5) Erosion and Sediment Control Plan. An applicant for any development listed in Paragraph 7.28.100(c)(2), Applicability, shall submit an erosion and sediment control plan prepared by a qualified professional. The plan shall contain the following information: (i) Existing Features. Location of all existing and proposed structures and hydrologic features on the site, including intermittent water features, wetlands and the one-hundred-year flood plain and all drainage structures or natural features on the land adjacent to the site and within a minimum of one hundred (100) feet of the site boundary line. The map must show the locations of street gutters, storm sewers, drainage channels, other water conveyance structures, wetlands and other waters that receive storm runoff from the site. (ii) Topography. Existing and proposed topography depicted at reasonable contour intervals, to provide necessary detail of the site. Existing and proposed areas with slopes of fifteen percent (15%) to thirty percent (30%) and greater than thirty percent (30%) shall be identified. The map shall extend a minimum of one hundred (100) feet beyond the property WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 9 of 24 line and show the location of the property line. The map shall show elevations, dimensions, location, extent and slope of all proposed grading including building site and driveway grades and the boundary limits of clearing and grading. (iii) Plans. Plans of all drainage features, paved areas, retaining walls, cribbing, planting, temporary or permanent soil erosion control measures, rockfall mitigation or other features to be constructed in connection with or as part of the proposed development. As applicable, design drawings of sediment controls, temporary diversions and practices used shall be provided. A brief description including specifications shall also be provided of how the site will be stabilized after construction is completed. (iv) Storage Areas. The location of storage areas designated for equipment, fuel, lubricants, chemical and waste storage. Details on spill containment structures shall be provided where storage of these materials is planned. The location of soil stockpiles and snow storage areas shall also be shown, along with the location of any temporary roads designed for use during construction. (v) Construction Schedule. The plan shall describe the expected starting and completion dates of the site grading and construction, including the installation and removal time periods of erosion and sediment control measures and the duration of exposure of each area prior to the completion of temporary erosion and sediment control measures. (vi) Calculations. Any calculations made for determining rainfall, runoff, sizing of any sediment basins, diversions, conveyance or detention/retention facilities. (vii) Other Permits. Evidence of compliance with state and federal requirements to obtain a Colorado Discharge Permitting System (CDPS) or National Pollutant Discharge Elimination System (NPDES) permit for construction sites disturbing an area or one (1) acre or more. (6) Revegetation Plan: (i) On a parcel of land that has been or will be altered from its natural condition by human- made activities, a revegetation and land reclamation plan prepared and certified by a qualified professional shall be required by the Director for review and approval. (ii) The revegetation and land reclamation plan shall depict the type, size , water needs, wildfire ignition rating, and the location of any trees and vegetation being planted and to illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. (iii) Any slope exposed or created in a new development shall be landscaped or revegetated with native or adapted trees and other native or adapted plant material. New vegetation shall be equivalent to or exceed the amount and erosion-control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects. (iv) On human-made slopes of twenty percent (20%) or greater, native plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. The planting basin should be kept level with a raised berm around the base of the plant to help retain moisture. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 10 of 24 (v) To the maximum extent feasible, topsoil that is removed during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut-and-fill slopes. (vi) The plan shall also indicate a time frame for revegetation that is acceptable to the Town and that takes into account optimal seasonal growing conditions. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of species planted. (d) Flood Damage Prevention. (1) Purpose. It is the purpose of this Subsection to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (i) Protect human life and health; (ii) Minimize expenditure of public money for costly flood control projects; (iii) Minimize the need for rescue and relief efforts associated with flooding and that are generally undertaken at the expense of the general public; (iv) Minimize prolonged business interruptions; (v) Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; (vi) Help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas; and (vii) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2) Applicability. The flood damage prevention regulations of this Subsection shall apply to all areas of Special Flood Hazard Areas (SFHA) within the jurisdiction of the Town and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F). The Flood Insurance Study (FIS) for Eagle County, Colorado and incorporated areas dated December 4, 2007, with accompanying Flood Insurance Rate Maps (FIRMs) and any revisions thereto serves as the basis for establishing the SFHA and is adopted by reference. The most recent version of the FIRM received by the Town is on file with the Town Clerk. (3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this Subsection includes methods and provisions for: (i) Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities; (ii) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (iii) Controlling the alteration of natural floodplains, stream channels and natural protective barriers that may help accommodate or channel floodwaters; WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 11 of 24 (iv) Controlling filling, grading, dredging and other development that may increase flood damage; and (v) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas. (4) Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered, nor shall any development occur without full compliance with the terms of this Subsection and other applicable regulations. (5) Liability. The degree of flood protection intended to be provided by this Subsection has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This Subsection does not imply that the areas outside the SFHA or land uses permitted outside the SFHA will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this Subsection create a liability on the part of or a cause of action against the Town or any officer or employee of the Town for any flood damages that may result from reliance on this Subsection or any administrative decision. (6) Conflicting Regulations. This Subsection is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where any provision of this Subsection conflicts or overlaps with another provision of this Development Code, including Subsection 7.28.100(b), Streams, Rivers, Waterbodies and Wetlands; any state or federal law; or any easement, covenant or deed restriction, then the more restrictive provision shall apply. (7) General Standards. In all SFHA, the following standards are required: (i) Construction Materials and Methods: (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; and (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (ii) Utilities: (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and (C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (iii) Subdivision Proposals: (A) A subdivision proposal shall be consistent with the need to minimize flood damage; WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 12 of 24 (B) A subdivision proposal shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain at least fifty (50) lots or five (5) acres. (iv) Effect of Development. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the SFHA. (v) Use Regulations. Uses shall be regulated in the SFHA and subareas of the SFHA pursuant to this Subsection. (A) Prohibited Uses in Floodway. No development, encroachment, use or alteration in, on or over any part of the floodway shall be permitted that alone or cumulatively with other such uses would cause or result in: 1) The occupation of permanent or temporary structures. 2) The development or use of overnight campgrounds or travel trailer parks. 3) Uses that customarily include the use, storing or processing of materials that are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life during a time of flooding. Examples include, but are not limited to, junkyards, automotive shops and dry cleaners. 4) Solid waste disposal sites and central collection sewage treatment facilities. 5) Uses that serve vulnerable populations with limited mobility (including but not limited to child care facilities, elementary schools and senior housing). 6) The potential of solid debris (including but not limited to, garages, shelters, benches, storage sheds, decks or fences) or waste (including but not limited to, septic systems or portable toilets) being carried downstream. 7) An encroachment that would adversely affect the efficiency and capacity of the floodway, change the direction of flow, cause any increase in the base flood elevation or cause foreseeable damage to others, wherever located. 8) An encroachment, including fill, new construction, substantial improvements or other development unless certification by a registered professional engineer or architect is provided and demonstrates that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge. 9) Critical facilities, as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6, Critical Facilities, dated November 17, 2010. 10) Any use prohibited pursuant to Paragraph 7.28.100(b)(4), Riparian Buffers. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 13 of 24 (B) Allowed Uses in Floodway. The following uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow or increase the base flood elevation: 1) Agricultural uses, such as general farming, pasture, grazing, forestry, sod farming and wild crop harvesting. 2) Recreational uses not requiring permanent or temporary structures designed for human habitation. 3) Uses accessory to residential uses, including but not limited to lawns, open areas, gardens, driveways and play areas. 4) Road and highway structures. 5) Wildfire mitigation. (C) Prohibited Uses in Flood Fringe. No development or uses on or over any portion of the flood fringe shall be permitted that alone or cumulatively with other such development or uses would cause or result in any of the following: 1) The storage or processing of materials that are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life in a time of flooding. 2) Solid waste disposal sites and central collection sewage treatment facilities. 3) The potential of solid debris (including but not limited to garages, non-habitable shelters, storage sheds, decks or fences) or waste (including but not limited to septic systems or portable toilets) being carried downstream. 4) Critical facilities, as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6, Critical Facilities, dated November 17, 2010. 5) For additional restrictions, see Paragraph 7.28.100(b)(4), Riparian Buffers. (D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood fringe and in areas removed from the floodplain by the issuance of a FEMA LOMR-F subject to the zoning designation of the property and this Subsection and shall comply with the applicable standards of this Subsection. 1) Residential Structures. Residential structures and uses are allowed, provided that: (I) Any residential structure designed for human occupancy or the storage of property shall be constructed, located or improved so that any external wall shall be not less than thirty (30) feet from the stream side of the flood fringe. (II) The lowest floor, including the basement, electrical, heating, ventilation, plumbing and air conditioning and other service facilities of any residential building or structure and substantial improvement to any WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 14 of 24 residential structure shall be not less than one (1) foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation (BFE), compacted with slopes and protected by vegetated cover. (III) The lowest interior grade, including crawl spaces, of any residential building or structure, shall not be lower than the lowest adjacent grade. 2) Nonresidential Structures and Uses. The following nonresidential structures or uses are allowed: (I) Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, wild crop harvesting and sod farming. (II) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking and equestrian trails. (III) Open area nonresidential uses, such as lawns, gardens, parking areas and play areas. (IV) Uses accessory to open space or uses for which a permit is required under this Subsection. (V) Railroads, streets, roads, bridges, utility lines and facilities and structures for irrigation, drainage or flood control. (VI) Wildfire Mitigation. 3) Nonresidential Standards. Nonresidential structures or uses shall comply with the following: (I) Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (1) foot above the BFE; or together with attendant utility and sanitary facilities shall be flood-proofed so that below one (1) foot above the computed BFE, the structure is water-tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this Subsection are satisfied. Such certifications shall be submitted to the Town Engineer or its designated representative and provide that where a nonresidential structure is intended to be made watertight below one (1) foot above the BFE; (II) A registered professional engineer or architect in the State of Colorado shall develop and/or review structural design, specifications and plans for WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 15 of 24 the construction and shall certify that the design and methods of construction are in accordance with current technical criteria; and (III) A record of such certificate that includes the specific elevation (in relation to the appropriate datum) that the structures are flood proofed. All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. The applicant shall provide the certifications to the Town Engineer. In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three (3) feet per second at any point where the proposed development is to occur, then additional flood-proofing shall be required sufficient to withstand such greater water velocity. 4) Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: (I) The recreational vehicle is located on the site for fewer than thirty (30) consecutive days. (II) The recreational vehicle is fully licensed and ready for highway use. (8) Floodplain Development Permit. A floodplain development permit shall be obtained from the Town Engineer before the start of construction or development within the SFHA. (i) Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Town Engineer and shall include the following information as applicable: (A) Application Form. A completed application form with all necessary information completed. (B) Site Plan. A plan at a scale of one inch equals two hundred feet (1" = 200') or as approved by the Town Engineer, stamped by an engineer registered in the State of Colorado, which includes: 1) The site location; 2) A legal description of the parcel; 3) Base flood limits and water surface elevations; 4) Floodway limits; 5) Channel of watercourse; 6) Existing and proposed contours or elevations at no more than two-foot intervals; 7) Existing and proposed structures, with the lowest floor elevations (including basements and garages) of each structure; 8) Proposed elevations to which structures will be flood-proofed (if applicable); WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 16 of 24 9) Location and elevations of existing streets, water supply and sanitation facilities; 10) Limits and total land area of all existing and proposed impervious surfaces, including structures; 11) Existing water supply ditches, irrigation ditches and laterals; and 12) All maps shall comply with the National Map Accuracy Standards. (C) Channel Cross-Section. A typical cross-section showing: 1) The channel of the watercourse; 2) Limits of floodplain adjoining each side of channel; 3) Cross-section area to be occupied by the proposed development; and 4) Existing and proposed base flood elevations. (D) Construction Specifications. Specifications for construction and materials of buildings, flood-proofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitation facilities as applicable. (E) Alteration of Water Course. Description of the extent to which any water course will be altered or relocated as a result of the proposed development. (F) Floodway Floodplain Development Requirements. If development is proposed in a floodway, then a floodway analysis by a Colorado Registered Professional Engineer must be completed using methodology acceptable to the Federal Emergency Management Agency (FEMA) and Colorado Water Conservation Board (CWCB) and must meet the following guidelines: 1) If a detailed hydraulic floodway analysis has not been performed, the responsibility for determining the floodway boundary rests with the floodplain development permit applicant. The need for a detailed hydraulic floodway analysis shall be the decision of the Town Engineer. 2) The Town Engineer may require that the detailed hydraulic floodway analysis be based on the identical hydraulic model which was used to develop the engineering study currently adopted by the Town Council. The applicant should obtain, through the Town Engineer, a copy of the input data representing the computer model used for the effective flood hazard study if available. 3) The model must then be updated to existing hydraulic conditions to determine what increase in the one-hundred-year water surface elevation levels have already been achieved by development since the floodplain was established. (I) Alternative floodway configurations may then be analyzed based on methods as outlined in the current U.S. Army Corps of Engineers HEC- RAS Water Surface Profiles Users Manual and submitted to the Town Engineer for review and approval. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 17 of 24 (II) Approval will be based on demonstration that the cumulative effects of the proposed development, plus the effects of development since the original flood hazard area was established, does not cause a rise in the base flood elevation. (III) At the Town Engineer's discretion, where a regulatory floodway has been designated, it may not be necessary to determine the cumulative effects of existing development. 4) Floodway boundary configurations will be examined and approved by the Town Engineer. The following specific information, for the stream reach one thousand (1,000) feet upstream and one thousand (1,000) feet downstream from the proposed encroachment, must be submitted: (I) A copy of the printout for the hydraulic computer model representing the base flood profile run for conditions existing at the time the currently effective floodplain was developed. The printout must include the full input and output listing. (II) A copy of the printout from the hydraulic computer model representing the floodway run for the proposed floodway configuration and including developments and other hydraulic changes within the floodplain since the currently effective floodplain was established. The printout must include the full input and output listing with all input changes from the original model highlighted. (III) A copy of the floodway data table representing data for the proposed floodway configuration. (IV) A copy of the currently effective official engineering study showing the existing floodplain and the proposed floodway configuration. (V) Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (VI) Electronic copies of all aforementioned data and model input files of this Section shall be submitted on a suitable medium. (VII) LOMR to existing floodways shall continue to use the floodway criteria in place at the time of the adopted floodway delineation as approved by the Town Engineer. (G) Report. An engineering report addressing those standards set forth in this Section, signed and sealed by a Colorado Registered Professional Engineer. (ii) Standards for Permit Review: (A) Completeness. No later than ten (10) days following receipt of a completed application for a floodplain development permit, the Town Engineer shall: WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 18 of 24 1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying, mailings, publications, labor, overhead, consultants, experts and attorneys that the Town deems necessary and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Town Engineer, the application for the floodplain development permit shall not be further processed. 2) Determine if the application is complete. If the application is not complete, the Town Engineer shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Town Engineer, the application for the floodplain development permit shall not be further processed. 3) The amount of the fee may be increased at any time if it is determined by the Town Engineer that the fee is not sufficient to cover all costs associated with the floodplain development permit. (B) Review of Application. Once the application is complete and the fee is paid, the Town Engineer shall within thirty (30) days either: 1) Approve the application and grant a permit if the proposed development complies with these regulations. The Town Engineer may attach such permit conditions as deemed necessary in furthering the purpose of the SFHA. 2) Deny the application if the proposed development does not comply with the regulations of the SFHA. The decision of the Town Engineer shall state, in writing, reasons for the decision and shall be given to the applicant. (C) Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the SFHA and will not otherwise violate the purposes and intent of these floodplain regulations. (D) Determination of Flood Hazard. In reviewing an application for a floodplain development permit, the Town Engineer shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. (E) Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local, federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334. (F) Issuance of Permit. If the Town Engineer determines that the application for a floodplain development permit meets the purposes and requirements of this Section, the floodplain development permit shall be issued, with the attachments of any conditions as deemed necessary to further the purposes of this Section. Such conditions may include, but are not limited to, specification for modification of waste WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 19 of 24 disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction and adequate flood-proofing. (iii) Building Permit. The Chief Building Official shall not issue any permit for, nor shall the Director allow any use involving, any building, structure or other development within the SFHA unless a floodplain development permit has been granted for the development. (iv) Permit Expiration. A floodplain development permit shall expire two (2) years after the date of issuance if the permittee has not commenced construction under the permit. (v) Waiver of Submission Requirements. The Town Engineer may waive any part but not all of the submission requirements imposed by the SFHA upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought and/or full compliance with the submission requirements would be unreasonable for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Town Engineer, upon written determination that the information to be submitted is sufficient for the Town Engineer to arrive at a permit decision in full compliance with the law and these floodplain regulations and that the proposed development will have an insubstantial impact on the surrounding area. (vi) Notice to Purchaser or Lessee. In addition to the provisions set forth in the administrative regulations, in the event that a permit issued under these floodplain regulations allows a structure to be located in a floodplain, the terms of the permit shall require notice that the structure is being located in a floodplain and must be disclosed to the purchaser or lessee in the purchase contract, deed or lease. (vii) Permit Conditions. The Town Engineer may attach such conditions to granting of a permit for proposed development in the floodway, the flood fringe or a flood-prone area, as he or she deems necessary in furthering the purposes of these floodplain regulations. Such conditions may include, but not be limited to, specifications for modifying waste disposal and water supply facilities, landscaping, deed restrictions or adequate flood proofing. (e) Geologic Hazard Areas. Certain types of lands in Avon have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive or collapsible soils and rocks and areas susceptible to ground subsidence. Development in certain of these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover that can cause increased runoff and consequent erosion and sedimentation, especially as an outcome of wildfire or domestic fire. (1) Purpose. The purpose of this Section is to reduce human exposure to geologic hazards and environmental degradation by limiting development within geologically hazardous areas. (2) Development Limitations on Sites in Geologic Hazard Areas. After November 16, 2010, new development is prohibited within geologic hazard areas. In the event that there is no hazard-free area on a platted site, then development shall be restricted to the least hazardous area of a site, as approved by the Director based on a study by a qualified engineer licensed by the State of Colorado. Such development shall incorporate applicable hazard mitigation pursuant to this Section. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 20 of 24 (3) Minimum Mitigation Standards in Geologic Hazard Areas. All development in geologic hazard areas shall comply with minimum standards of this Section. Where a development has been approved with specific geologic hazard mitigation elements, such elements shall be in addition to these minimum standards. (i) If structural geologic hazard defenses are required to protect people or structures, they shall be designed by a certified engineer to withstand the impact forces. (ii) Utility lines or pipes that cross a geologic hazard area shall be buried within the hazard area. Surface pipes, poles or towers for suspended transmission lines in hazard zones shall be protected by utilizing diversion methods or protection structures. (iii) Clear-cutting or other large-scale removal of vegetation shall be prohibited within geologic hazard areas. (iv) Extractive operations are prohibited within geologic hazard zones unless there is an approved program of geologic control and defense measures. (v) All roads shall avoid geologic hazard areas. Roads intended for winter use shall avoid avalanche hazard areas. If the Director finds that it is not possible to construct a road that avoids these hazard areas, then the Director may approve a road subject to site-specific mitigation methods. Roads that must cross hazardous areas shall be designed to limit exposure and utilize hazard control practices to reduce the danger along exposed road segments. Where the main access road to a proposed development crosses a hazard area, a secondary access is required. (vi) Warning signs shall be placed along roads and trails that cross rockfall and avalanche hazard zones. (vii) Property owners who develop in geologic hazard areas or obtain driveway access through geologic hazard areas shall bear the costs of any control measures that may be required to mitigate the hazard. (4) Geologic Hazard Study: (i) Purpose. The purpose of a geologic hazards study is to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas, then the study shall identify mitigation techniques to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable, the occupants of adjacent properties. (ii) Applicability. A geologic hazard study shall be required for all subdivisions, PUDs, rezonings and lots that contain or may contain geologic hazards as defined by the Development Code. A geologic hazards study shall be accepted by the Town only when prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. Maps depicting slopes shall be prepared by a surveyor registered in Colorado. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 21 of 24 (iii) Requirements for Preliminary Approval. With every preliminary application, the applicant shall submit a geologic hazard study that shall provide a detailed site specific analysis that includes the following minimum information: (A) A site specific analysis of the property that depicts the locations of geologic hazards in relation to planned development areas. The map shall include an accurate survey depiction, at two-foot contour intervals, of those portions of the property that contain slopes in excess of thirty percent (30%). (B) An evaluation of the potential impacts of the geologic hazards on the proposed development and potential impacts on any property surrounding the subject property. This shall include an evaluation of any recent natural or man-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (C) A plan with building envelopes that ensure that structures will be located in areas free of geologic hazards or that have been properly mitigated as to all identified hazards. Subdivision plat notes shall be utilized to identify geological hazards present outside of platted building envelopes, as applicable. (D) Identification and description of all proposed hazard mitigation and avoidance measures. (iv) Referral to Colorado Geological Survey. (A) As part of the review of the preliminary application, including but not limited to rezonings, subdivisions and PUDs, the Director shall refer the application to the CGS. Referral of final plat applications will be at the discretion of the Director. (B) CGS shall review the application and geologic hazards study and provide comments on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to make recommendations on the appropriate avoidance or mitigation techniques that may best apply to the proposed development. (C) If CGS determines that there are geologic hazards on the property that have not been addressed by the applicant or that the analysis is otherwise incomplete or inadequate, the Town may require the applicant to revise the geologic hazards study to address the hazards. (D) The Town shall consider the recommendations of the CGS and apply the appropriate recommendations as conditions of approval of the preliminary plan. (v) Requirements for Final Approval. The applicant must demonstrate in the final plan or plat how the development complies with all conditions imposed in the preliminary approval. (f) Scenic Views [Reserved]. (g) Alternative Energy System Standards. The purpose of this Subsection is to establish standards for alternative energy generating systems so that they may be allowed and will be compatible in appropriate locations in the Town. WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 22 of 24 (1) General Standards. Any person or association, regardless of the date of establishment, is prohibited from imposing private covenants, conditions, restrictions, deed clauses or other agreements between parties that prevent persons from installing and using alternative energy systems. (2) Ground-Mounted Solar Collection System: (i) Standards. All ground-mounted solar collection systems shall comply with the following requirements: (A) Setbacks, Location and Height: 1) A ground-mounted solar collection system shall not be located in the front yard between the principal structure and the public right-of-way. 2) A ground-mounted solar collection system shall comply with all setback requirements for the zone district within which it is located. 3) An accessory ground-mounted solar collection system in any residential district shall not exceed the greater of one-half (½) the footprint of the principal structure or six hundred (600) square feet, whichever is less. The size of accessory arrays in mixed-use and nonresidential districts shall not exceed one-half (½) of the footprint of the principal structure. 4) A ground-mounted solar collection system shall not exceed ten (10) feet in height. (B) Solar Easements. A property owner who has installed or intends to install a ground- mounted solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement in the Eagle County land records. (C) Additional Standards. A solar array may only be proposed when a solar collection system has been maximized on a property's primary structure. (3) Roof-Mounted Solar Collection System: (i) Standards. All roof-mounted solar collection systems shall comply with the following requirements: (A) Setbacks, Location and Height: 1) A roof-mounted solar collection system shall not extend more than two (2) feet above a pitched roof or six (6) feet above a flat roof. 2) With the exception of flat roofs, a roof-mounted solar collection system placed on the roof shall mimic the roof pitch it is attached to. 3) A roof-mounted solar collection system may be located on an accessory structure. 4) A development proposed to have a roof-mounted solar collection system located on the roof or attached to a structure or an application to establish WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 23 of 24 a system on an existing structure shall provide a structural certification as part of the building permit application. (B) Solar Easements. A property owner who has installed or intends to install a roof- mounted solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement in the Eagle County land records. (4) Small Wind Energy System: (i) Definition. A small wind energy system shall mean a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics that has a rated capacity of not more than one hundred (100) kilowatts (kW) and that is primarily intended to reduce on-site consumption of utility power. (ii) Standards. All small wind energy systems shall comply with the following requirements: (A) Setback. The base of the tower shall be set back from all property lines, public right- of-ways and public utility lines a distance equal to the total extended height (e.g., if on a roof, roof height plus tower height) plus five (5) feet. A tower may be allowed closer to a property line than its total extended height if the abutting property owner grants written permission and the installation poses no interference with public utility lines or public road and rail right-of-ways. Guy wires and other support devices shall be setback at least five (5) feet from all property lines. (B) Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the issuance of the zoning certificate, shall not exceed fifty-five (55) dBA for any period of time. The fifty-five-dBA sound level may be exceeded during short-term events out of the owner's control such as utility outages and/or severe wind storms. (C) Appearance, Color and Finish. The turbine and tower shall remain painted or finished in non-reflective, non-obtrusive color. Bright, luminescent or neon colors, as determined by the Town, are prohibited. (D) Clearance. The blade tip or vane of any small wind energy system shall have a minimum ground clearance of fifteen (15) feet as measured at the lowest point of the arc of the blades. (E) Signage Prohibited. All signs on a wind generator, tower, building or other structure associated with a small wind energy system visible from any public road, other than the manufacturer's or installer's identification, appropriate warning signs or owner identification, shall be prohibited. (F) Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA. (G) Access. Any climbing foot pegs or rungs below twelve (12) feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, WILDFIRE UPDATE 7.28.100 Natural Resource Protection Avon Municipal Code Page 24 of 24 sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed. (H) Requirement for Engineered Drawings. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings and/or foundation as provided by the manufacturer. (I) Compliance with FAA Regulations. No small wind energy system shall be constructed, altered or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection. (J) Utility Notification. No small wind energy system shall be installed until evidence has been submitted to the Town that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. (K) Abandonment. If a wind turbine is inoperable for six (6) consecutive months, then the owner shall be notified that he or she must, within six (6) months of receiving the notice, restore his or her system to operating condition. If the owner fails to restore his or her system to operating condition within the six-month time frame, then the owner shall be required, at his or her expense, to remove the wind turbine from the tower for safety reasons. If the owner fails to remove the wind turbine from the tower, the Town may pursue legal action to have the wind generator removed at the owner's expense. (Ord. No. 23-01, § 2(Exh. A); Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3) WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 1 of 4 NOTE: The following is the proposed DRAFT for Title 15, which works in conjunction with the amendments to Title 7, eliminating the need to adopt the mandatory State of Colorado Wildfire Resiliency Code (CWRC). The Town believes the proposed building code amendments, along with the Title 7 amendments, meet or exceed the CWRC for structural hardening and for applicability , and shall become the Avon Wildfire Resiliency Code in lieu of adopting the CWRC. 15.25.010 Adoption. The Town adopts the 2021 International Wildland-Urban Interface Code Appendix A, and Appendix B, and Appendix J, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Wildland-Urban Interface Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Wildland-Urban Interface Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.25.015 – Appendix J – Avon Wildfire Resiliency Code. J101. Purpose and Intent The purpose of this Chapter and Title 7, to be known as the Avon Wildfire Resiliency Code (“Code”) is to enhance and improve the construction and maintenance of the built and natural environment within the Town for all new construction, exterior modifications, and relocation(s) of existing structures. The objective of the Code is to improve emergency preparedness and hazard mitigation planning within the Town. The entire Town of Avon lies within a wildfire hazard area, known as the Wildland Urban Interface (WUI). Wildfires can burn thousands of acres for weeks and often send large quantities of embers miles beyond the main fire perimeter, igniting new areas, whether the land is developed or natural. Because the Town is in a valley, with parts of Avon on the valley floor and surrounded by significant topography, no location is outside the potential ember fall area from a wildfire. Structures built within the Town shall use materials with a minimum Class 2 ignition-resistant rating and landscaped in a manner to resist ignition from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping are subject to this Title 15 and Chapter as well as Title 7. As such, Titles 15 and 7 shall act as the Avon Wildfire Resiliency Code . J102. Applicability and Exceptions. The Code applies to all new construction and exterior modifications as well as to the relocation of existing structures. Exceptions include: (a) Repairs for less than twenty-five (25%) percent of existing decking or roofing on an existing structure; (b) Repairs for less than twenty-five (25%) percent of siding on an existing structure; WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 2 of 4 (c) Accessory structures less than 120 square feet that are located greater than fifty (50) feet from habitable spaces are exempt from these specific provisions. However, all Accessory Structures, regardless of size, are regulated through Title 7, Chapter 7.24.070 Accessory Uses and Structures. J103. Ignition Resistant Construction Requirements. (a) Roof. Class A rating (tested by ASTM E108 or UL 790) or made of noncombustible material. Wood shake is not permissible on new construction. Valleys must have a corrosion-resistant metal flashing installed over a 36-inch underlayment of a 72-pound mineral-surfaced, non- perforated cap sheet. (b) Eaves. Shall be protected by ignition-resistant materials, or materials with a 1-hour fire- resistance rating. This can also be achieved using 2-inch nominal dimension lumber or 1-inch nominal fire-retardant treated lumber. (c) Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. (d) Exterior Walls. Exterior walls shall be constructed from one of four material types: (1) Materials with minimum 1-hour fire-resistance rating. (2) Approved noncombustible materials. (3) Heavy Timber or log wall construction. (4) Ignition-resistant building materials. Additionally, exterior walls shall have a minimum of 6 vertical inches of noncombustible material measured from the ground or nearest horizontal surface. (e) Exterior Doors, Windows, and Window Trim. Shall be made of noncombustible materials, solid core wood at least 1.75 inches thick, or have a fire protection rating of at least 20 minutes. Tempered glass doors are permitted. Dual or triple pane windows that comply with the International Energy Conservation Code are considered ignition-resistant. (f) Exterior Decks. Decks and other unenclosed appendages or projections attached to a habitable building shall be built with materials that have at least a 1-hour fire-resistance rating or are made of heavy timber. Other options include using approved noncombustible materials, fire-retardant treated wood, or ignition-resistant building materials. For decks or porches 4 feet or less above the ground, the under-deck area shall be enclosed to prevent debris accumulation. Method: use fully enclosed wall covering or corrosion-resistant mesh (maximum opening size 1/8 inch). WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 3 of 4 (g) Openings. Attic, foundation, underfloor, vents through the roof or in vertical exterior walls cannot exceed 144 square inches and shall be covered with a noncombustible, corrosion- resistant mesh or perforated material with openings no larger than 1/8 inch. Attic openings must not be located in the inner two-thirds of soffits, eave overhangs or other overhang areas. (h) Chimneys. Chimneys for fireplaces, barbeques, or other heating appliances that use solid or liquid fuel shall be equipped with a spark arrester made of woven or welded wire screening with openings no larger than 1/2 inch. (i) Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding 1Ú8 inch as approved by the AHJ. J104. Ignition-Resistant Building Materials (a) Ignition-resistant building material is a type of material that sufficiently resists ignition and sustained flaming combustion. To qualify as an ignition-resistant building material, a material shall meet one or more of the following criteria: (1) Noncombustible Material: A noncombustible material is one that does not ignite or burn when subjected to fire. This also includes materials with a noncombustible base and a surfacing material no thicker than 1/8 inch that has a flame spread index of 25 or less. (2) Fire-Retardant-Treated Wood: is any wood product that has been impregnated with chemicals, either through a pressure process or other manufacturing means, and when tested in accordance with ASTM E84 or UL 723, the wood must have a listed flame spread index of 25 or less. (3) Fire-Resistance-Rated Construction: The use of materials and systems in the design and construction of a structure to safeguard against the spread of fire within a structure and the spread of fire to or from structures to the wildland-urban interface area, and when tested in accordance with ASTM E84 or UL 723, the wood must have a listed flame spread index of 25 or less. (4) Log Wall Construction: A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). (5) 1-Hour Fire-Resistance Rating: Building material has been tested to withstand a standardized fire for at least 1 hour while maintaining its structural integrity and preventing the passage of flames and hot gasses. WILDFIRE UPDATE Title 15, Section 15.25 International WUI Code Avon Municipal Code Page 4 of 4 (6) Extended Fire Testing: The material shall be tested for a period of 30 minutes using the extended ASTM E 84 (UL 723) or ASTM E 2768 test. During this test, the material must meet specific performance requirements. (7) Specific Standards of Quality: Materials can also qualify by meeting specific California State Fire Marshal (SFM) test standards, such as those for exterior wall siding, horizontal projections, decking, or general ignition-resistant materials. J105 Defensible Space All applicable construction shall adhere to the defensible space provisions in Title 7, Chapter 7.28.050 Landscaping, Section 7.28.050 (g) Wildland Urban Interface. J105. Defensible Space Requirements. Unless otherwise provided in an approved fire protection plan, defensible space shall be provided and maintained pursuant to Chapter 7.28.050 Landscaping of the Avon Municipal Code. J106. Other site-specific requirements. (a) Driveways (All Zone Districts). In the area within 30 feet of the edges of driveways that are more than 150 feet long trees shall be pruned and spaced to provide at least 10 feet of horizontal spacing between crowns and so that limbs are a minimum height of 10 feet above the ground or one-third the height of the tree if the tree is less than 18 feet tall. (b) Right-of-Way, Fire Lane, and Driveway Protection. In addition to any standards that apply pursuant to Sec. J106(a). - Driveways, within 30 feet of a road right-of-way, fire lane, or driveway that is longer than 150 feet, vegetation shall be limited to plants that are appropriate for right-of-way protection due to their low-flammability rating and growth characteristics, as determined by the Community Development Director or assigns. (c) Continuing Maintenance of Defensible Space and Fire Lane and Right-of-Way Protection Areas. The owner of property upon which defensible space or fire lane or right-of-way protection is required shall be responsible for ensuring that such spaces are maintained in accordance with Sec. J106(a). - Driveways, and Sec. J106(b), Right-of-Way, Fire Lane, and Driveway Protection. Maintenance of such spaces shall include modifying or removing non-fire- resistive vegetation, keeping leaves, needles, and other dead vegetative material regularly removed from roofs of buildings and structures, and regularly removing deadwood and litter from trees. Title 15: Buildings and Construction Avon Municipal Code Landscaping Deposits Page 1 of 3 Landscaping Deposits During the April 28, 2026, Avon Town Council meeting pertaining to First Reading of Ordinance 26-05 Code Text Amendments for Wildfire, additional clarification was requested as it pertains to landscaping deposits, and how they are implemented, collected, and returned. In accordance with Building Codes, Staff has the ability to require collateral by means of a refundable deposit, for items like landscaping on projects that are incomplete, yet people seek occupancy for a project. Title 7 and Title 15 often cross-reference each other, stitching the requirements for the Building and Planning departments together. While the issuance of a Certificate of Occupancy (“CO”) is a function of Title 15 Buildings and Construction, administratively, Planning approves landscaping aspects of building permits including landscaping inspections to verify what is in the field against what was approved on paper as part of the building permit. Typically, the need for landscaping deposits occurs with new construction, and not with general landscaping permits. The exception is unless the proposed exterior remodel is significant and includes grading, dirt work, and remediation of this work, on an existing property. These deposits benefit the homeowner, or a potential homeowner on a spec home, from situations that may occur when contractors attempting to obtain a Certificate of Occupancy may leave owners the responsibility of remediation, should the landscaping materials die after already paying the contractor for its installation, or, the landscaping is promised to be finished, but the contractor does not return for complete the installation. In 2025, Staff is finding that certain permitees seeking a TCO or CO in late fall are failing their final planning inspections due to a lack of compliance with the approved landscaping plan incorporated with the building permit. With landscaping (typically) the last item on the list to install for builders; and when contractors deviate from the approved plans (which is a very common occurrence in the field), corrections become necessary prior to receipt of the CO, much to the dislike of the contractor who wants to turn the residence over to the new owners. To bring awareness of this specific time frame (last minute installations in the late fall), Staff felt this section needed to be bolstered as landscaping materials are specific when you apply wildfire implications. The vegetation installed is very specific, and its location, important for efforts to increase wildfire resiliency in Avon. Proposed Code language, Title 7: Title 7 Development Code, Chapter 7.28.050 Landscaping, Section (m)(9) Guarantee of Installation. reads: (9) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. Landscaping materials installed in the fall may not be able to be inspected until the following spring. A refundable deposit may be required to guarantee funds will be available for any materials that did not survive planting. Typically, Planning identifies the issue that it is too late in the season to remediate the failed or incomplete landscaping, but the owners wish to move in prior to receiving the CO. Planning will then relay to the contractor what is remaining for installation and ask the contractor to provide an estimate for completion of these items. Staff then requests the deposit to cover the materials/work and delay the final inspection to the spring. Checks automatically go to the Finance department where this money is set up in an account for temporary holding. If the work is significant and the contractor wishes to provide a letter of credit, Finance would accept this document in lieu of a check or cash and hold this letter of credit in their safe until ATTACHMENT B Title 15: Buildings and Construction Avon Municipal Code Landscaping Deposits Page 2 of 3 the landscaping is completed. Once the landscaping is finalized, Community Development requests the release of these funds, and the monies are returned to the depositor. Within the last five (5) years, we’ve enacted this program on five (5) significant permits. They have all been new construction for more major residential projects (3-duplex units, 1-single family, and a multifamily) and none for basic remodels or (general/minor) landscaping permits. The following is an excerpt from Title 15 Buildings and Construction, regarding construction deposits: 15.08.070 Section 111—Certificate of Occupancy. (a) Section 111.2, Certificate issued, is amended by the addition of the following language: 111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. Section 111.21 is amended by the addition of the following language: "Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All multi-family and commercial projects must undergo an irrigation audit prior to a Certificate of Occupancy. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued" (b) Section 111.3, Temporary occupancy, is amended by the addition of the following language: Title 15: Buildings and Construction Avon Municipal Code Landscaping Deposits Page 3 of 3 111.3.1. Temporary Certificate of Occupancy . A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 111.3.2. Issuance of Temporary Certificate of Occupancy . The following shall be completed prior to the issuance of a TCO for all commercial and multi-family occupancies: Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 110.2.3.3. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. (Ord. 23-01, § 2(Exh. A); Ord. 22-16, § 3(Exh. A)) 970-977-0063 Wkearney@avon.org Page 1 of 4 TO: Honorable Mayor Underwood and Council Members FROM: Will Kearney, Senior Engineer RE: Notice of Award – East Nottingham Park Improvements-Completion DATE: May 6, 2026 SUMMARY: This Report presents to Council the 2026 Project Summary and Bid Result of the East Nottingham Park Improvements- Completion Project. Staff requests Council authorization to issue a Notice of Award for the construction of the East Nottingham Park Improvements Completion project to MacAllister Construction and authorization of the Independent Contractor Service Agreement with Rocky Mountain Custom Landscapes to complete the remaining landscaping for the project. BACKGROUND: On January 29, 2026, the Town formally terminated the contract with Baker Constructors under General Condition 15.2.D. Baker submitted their termination costs to the Town on February 25, 2026, and the Town has been working through what is considered “reasonable” with Baker since this date. Most recently the Town sent back their “reasonable termination costs” to Baker on My 8, 2026. Due to substantial design problems and manufacturing challenges, the modular manufacturer, Green Flush, has experienced significant delays of approximately eight months. Prior to the termination of Baker, Green Flush anticipated an early March delivery date, which they did not meet. The Town has extended their contract to June 12, 2026. With the selection of MacAllister Construction, the Town has continued coordination with Green Flush to achieve a delivery date in late May. Since the Town’s termination of Baker’s contract, the Town has been working to re-package the project for re-bidding to a General Contractor. During this process, the Town decided that they would need a General Contractor to set and complete the modular restrooms, while being able to contract directly with contractors to complete the remaining work outside of the modular restrooms. This delineation of work is shown in Attachment A TOA v GC Scope. The separation of scope allows Town Staff to concurrently complete work while selecting a General Contractor and reducing overall completion costs. The self-managed work began on April 27, 2026, with the paving of the recreation path. Current Site Conditions 970-977-0063 Wkearney@avon.org Page 2 of 4 STATUS BY PROJECT: The Town included three Capital Improvement Project under Baker’s Contractor: 1. Undergrounding the Overhead Electric: Completed 2. Water Fountains Project: On-going, Spring Completion 3. East Nottingham Park Improvements: a. Summary: Staff has broken out the remaining scope in two Categories, Town of Avon Self- Managed and General Contractor. b. Town of Avon Contracts: The Town has identified the following work items as activities that can be managed by Staff and have already secured contractors to complete the work: Erosion Control, Paving, Seat Wall Electric & Stone Veneer, Irrigation, and Landscaping. c. General Contractor: Through the rebidding process, the following scopes of work were identified to be directly tied to work required to complete the modular restrooms and were therefore included in General Contractor’s scope: setting of restrooms, restroom exterior finishes, foundation backfill, restroom utility hookups, plaza pavers, concrete sidewalk, concrete stairs, stone veneer adjacent to the plaza, rain canopy construction, and plaza water fountains. BIDDING-GENERAL CONTRACTOR: Town Staff, with input the Project’s Architect, Zehren and Associates (Zehren), put together the re-bidding plans and documents. East Nottingham Park - Completion was advertised for two weeks beginning on April 16, 2026, via email. The Town solicited bids from Shaw Construction, RA Nelson, Millender White, and MacAllister Construction. The solicited bidding documents included an anticipated Construction Period of May 6 to June 28, 2026. MacAllister Construction (MacAllister) reached out to the Town prior to bid closing stating that they had a bid prepared, but could not meet the proposed Construction Period, the Town requested they submit their bid anyway. RA Nelson and Millender White contacted the Town and stated that they regretfully could not submit a bid at this time, Shaw Construction did not respond to any bidding requests or emails. MacAllister submitted their bid on time for a total cost of $1,001,394.42, with an anticipated completion date of 9/11/26. MacAllister’s bid is 28% higher than the Engineer’s Opinion of Probable Cost. In 2024, Zehren contracted with MacAllister to provide an opinion of probable cost for Project. RENDERING: East Park Improvements Rendering BIDDING – LANDSCAPE: The Town did not solicit bids to complete the landscaping portion of the Town of Avon Self-Managed contracts. RMCL was previously a subcontractor to Baker and had already completed a portion of their work prior to the Termination for Convenience. RMCL had already purchased many of the materials required to complete their scope of work, were very familiar with the project and were immediately 970-977-0063 Wkearney@avon.org Page 3 of 4 available to complete the work in timely manner and cost-effective manner. The Town weighed these options and decided the best course of action would be to solicit a cost proposal from RMCL to complete the work. Including the irrigation portion of RMCL’s work, it is anticipated that the irrigation, seeding/sod and hardscapes will be completed before the Salute to USA event. SPECIAL EVENTS: All construction activities will cease ahead of all events, with enough time for Operations and Special Events to adequately prepare for each event. Apart from the RMCL Planting’s Contract, all the Town’s Self-Managed Contracts will conclude on or before June 28, 2026. FINNANCIALS: After the January termination, the remaining dollar amount in Baker’s contract is $1,220,153.93. The Town has retained $219,099.90 of the originally budgeted $507,861.00 contingency amount. Combining Baker’s remaining Contract amount and the remaining contingency, the Project has a 2026 Budget of $1,439,253.83. The Town is currently reconciling “reasonable termination costs” with Baker. Table 1 Remaining 2026 Construction Budget Baker Contract $4,689,099.60 Pay Application Totals $3,468,945.67 Rem. Baker Contract $1,220,153.93 Rem. Contingency $219,099.90 2026 Construction Budget $1,439,253.83 PROJECT BUDGET & SCHEDULE: The 2026 Project’s budget will be sufficient to cover the Town’s Self- Managed contracts as well as MacAllister’s Contract. Of the $1.4M budget, $1,001,394.42 will be allocated to MacAllister, $335,419.89 will be allocated to the Town’s Self-Managed Contracts, leaving $102,439.52 remaining to cover Baker’s Termination Costs and the Upper Parking Lot Paving. 970-977-0063 Wkearney@avon.org Page 4 of 4 Table 2 2026 Construction Cost & Schedule Contract Costs Schedule Baker Termination Costs TBD TBD Upper Lot Paving TBD Start: September End: TBD Elite Asphalt - Rec Path Paving $33,984.00 Start: 4/27/26 End: 4/30/26 RMCL - Irrigation $56,415.84 Start: 5/7/26 End: 5/22/26 RMCL - Landscape $100,052.87 Start: 5/25/26 End: 6/5/26 RMCL - Plantings $35,171.48 Start: 6/8/26 End: 6/19/26 Tri Phase Elect Seat Wall Lighting $59,879.00 Start: 4/30/26 End: 6/5/26 Berich Masonry Seat Wall Veneer $29,700.00 Start: 5/11/26 End: 6/5/26 American Fence $17,716.70 Start: 2/25/26 End: 9/11/26 CMS Erosion Control $2,500.00 Start: 2/25/26 End: 9/11/26 MacAllister Construction $1,001,394.42 Start: 5/13/26 End: 9/11/26 Totals $1,336,814.31 Table 3 2026 Construction Budget $1,439,253.83 2026 Construction Cost $1,336,814.31 Remaining Funds $102,439.52 RECOMMENDATION: I recommend Council take the following actions: • Authorize issuance of the Notice of Award for the construction of the East Park Improvements – Completion to MacAllister Construction in the amount of $ 1,001,394.42. • Authorize the approval of the Independent Contractor Agreement with Rocky Mountain Custom Landscapes for the Landscaping installation at an estimated cost of $ 100,052.87. PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the construction of the East Nottingham Park – Completion project to MacAllister Construction in the amount of $1,001,384.42 as approved in the Town of Avon 2026 Capital Improvements Fund and authorize the approval of the Independent Contractor Agreement with Rocky Mountain Custom Landscapes for the Landscaping installation at an estimated cost of $100,052.87. Thank you, Will ATTACHMENTS: A. Town of Avon V General Contractor Scope I Lu 00 < co 2 ELEV PLUG EX. INVERT IN FROM OLD TOWN HALL TATUM 7410. TILIZE EX. PENETRATION REMOVE OLD PIPE INSTALL NEW BOOT 6 SCALE HORIZONTAL: 1"=20' VERTICAL: 1"=20' PIPE INV. (TYP) EXIST. GROUND ELEV. (TYP) 7440 XXX LU LU Ld 6% _ WATER SHOWN AT 7' COVER. 7420 STA: 0+2 9.5, 22* VERT. BEND 1.6 LF 4” PVC @ 3% TAINMENT. INV=34.00 I I I MATCH SLOPE OF EX. 4” PVC SEWER PROVIDE SECONDARY CON — STA: 0+29.5, 22* VERT. BEND 18.2 LF 4” PVC @ 45% 7430 0+00 1+17.61+00 PROFILE - SANITARY SEWER SERVICE E2705/7ee EFo PW- EPHEE i i i i ___EPH<I 2 €Pul EE EE EE SFo TRAN MER 6P4 TO THE STAGE LOCATION WITHOUT SPLICES.De€si i GRAPHIC SCALEecO— ■fFo P. scolO S €P)(10 20 400 “Co,,OSI€A €Py€o &><CON EuSs368 A 64€secONeus«o O6 €Py%Atsee.sESEE 47EE 99<EX. 8” WAI HAEEFo€sEEEEE MAIN (PUBLIC)6 SEAT LIGHTING.TALL%€)fFoA FIELDCONDUIT FROM MDC.€s5I EFo IC PULL BOX IF NEEDED.A€s%OX T( /SPes6 6P,7A X CONNECT TO EXISTING TRACER WIRE WITH 3 WAY 99CABININSTALL 1” LIGHTING4/CCONDUIT FROM MDC.I Q Ee 2 CUT INym\PesO33 20.00’4 1f PROVIDE SECONDAR STORM LINE FORjROSSING. INSTALL INSULATION.Q 9/oSeEss €P)O/ (foESs,93\ScEw.On.FROM HANDHOLE TO RESAPPROX. LOCATION 01 PROPOSED ELECTRIC SERVICE RECONNECTION&■ / (—EXISTING 24” DIP WATER 2 EwSCoPE! A TO NORTHEAST PARK RESTROOMS1.33’INSTALL 2 18”x30”± HANDHOLES. CONNECTprofo/EFo /3/ / 40--------------s ay 2Y /2 Ew.2 FOR CONDUIT. HANDHOLES TOEXISTING 24” CMP Ess PASTAMP WITH kFESSESSQPeSTORM SEWER % Aes s, ■soES, REMOVE & DIo PesEw.0I/ .CE «oI.. N e </7 Ew.INFORMATION PROVIDEDSTEw.33INSTALL 96 LF 4” DIP PRIVATEO EFO O/<WATER SERVICE LINE, T MIN.=37.ARCIN ENGINEERINGNG3 EFO EMPTY COMM.(2-25—Ew.y ./% COVER, POU 'RAPPED.y 8 w 1EwSCou23EPH1ONDUIT FOR FUTURE SKATE /EPH 38-(7 ct“o €Ew 39 ■ /24INSTALLCo ..AvSEWER20.00’Ew.QCDCLEANOUT (EPH FORPI0510’ MIN. ON EACH SIDE OF CROSSING. INSTALL INSULATION.9938.SPECEV + 1” LIGHTING CONDUITS.ySEWER TRACER WIRE- INSTALL #12 COPPER,45*%1. -00 “odA.esSPgEw INV=34.00BUI ENCHING I %ERWSD TAIL B-10. EXTEND TO SURFACE oSS 4 r45*,3UpS Ero _ P 6%6jess1” FUTURE SKATE PARK LIGHTING 6Q (/so.o FFo 6,:. SEWEI /%>NOT A PART OF THIS PROJECT.Sl g0 Z 2 - CLI OUT fo—Q 4 .1/ / e yAND FUTURE CHARGERS, 1GY Y€QPACONDUIT PER EACH.S f' CONDISonABANDON EX. 2—O Q,,EXIST. WATER EASEMENTJYy $DC.P \ VEI O.A $MDC /OP 99945*INV II L& o FH. BURY LINE ELI =7440.4.3p 26.2-0 g 85 83 8 /A6(S)= 7415.1’IN 45* ESs FH LATERAL LENGTH=16.0’, \ee^7 O 7 ' {DEPTH OF BURY=8.0’>50 (TYP), RE: LNDSCP.CEDEwU LI 3Ac 23.85 6p —Peg //1,02/ ///-SsRAISE RII Pe<8 pr 93 RAIS III ESS INSWEEP CONDUIT TO VAULT OVER Ew.68 — 18”-24” FROM ELEVATION 39 &7Ew.99<37 Oli INSTALL 2-4’PROPO:68 Ew. &6Q \\37ESe68/PVC @ 2.0% MINIMUM7 T( /<8Up/d93INSTALL 8-1” CONDUITS FOR FUTURE EV69 Pr PeROw 1, 88.2?Pe<9 <86. PeH »d337Pe‘yPr %Y Pe pt397/c 6/Po pe STEr PPi-o 9 e 8 / \S / /8 2 Es 430.I 6s I.N t6g I Pss. 6o,, ( IN FEET ) 1 inch = 20 ft. en 1. DO NOT LEAVE' ANY OVERHEAD EXISTING SEWER SERVICE (TYP) CONDUIT TO SURI 'AND CAP (TYP) WALL, EXTEND TO CAP. LIGHTS ARE INSTALL TRACER WIRE ACCESS BOX TERMINATION AT GRADE, SWEEP CONDUIT TO SURFACE AND CAP PROPOSED WATER & SEWER SERVICE LINES ARE PRIVATE RE: THRUST BLOCK SIZING TABLE BELOW. SWEEP EACH EV CHARGER CONDUIT TO SURFACE AND CAP (TYP) $ EE INSTALL 3—3” CONDUIT TO EACH 400 AMP SPECEV & 3-1” CONDUIT TO EACH 50 AMP INSTALL 2 18”x30”± HANDHOLES. CONNECT HANDHOLES W/ 2-8” PVC CONDUIT. CORE HANDHOLE WALL FOR CONDUIT. HANDHOLES TO BE FLUSH W/ GRADE. RE: DETAILS. CO en EPH £02 r () W o to EX. SEWER _ CLEANOUT EXISTING PRIVATE SEWER SERVICE INSTALL SECO TO RESTROOM OF POWER & BACKFI HCE TO RELOCATE E ’ EFO —____ \ AND CAP FOR FUTURE— SKATE PARK LIGHTING. 7436.6’ _ D CONE _ X8 Er \ \ \ \ LINE (NOT FIELD LOCATED). INSTALL 1-1” CONDUIT / ! GREEN INSULATION WITH SEWER SERVICE LINE. FOR NO EXISTING TRACER WIRE, SEE PES Pel / A 1 NOTE: ALL CONDUIT ARE TO BE INSTALLED WITH PULL STRING. ALL SPARE/EMPTY CONDUIT ARE TO INCLUDE TRACER WIRE AND BE ELECTRONICALLY LOCATABLE. / L 4. D / /y / ! \ \ ELECTRIC CONDUIT FROM EXISTING VAULT. CONDUIT THRI SURFACE Lul Q V \ — A EXISTING 480V TO STAGE & PUMPHOUSE. INSTALL 1” CONDUITS FOR FUTURE SKATE PARK LIGHTING \ \ // REMOVAL OF THE EXISTING OVERHEAD ELECTRIC LINES AND POLES IS BY HOLY CROSS ENERGY. SITE CONTRACTOR TO COORDINATE. \ \ ' & JI ON, (LLED / \ \ 3 r I I EXISTING SEWER SERVICE INSTALL SECONDARY CONDUIT FROM MDC TO ELECTRIC RACK AS SHOWN. RE: ELEC. SITE PLAN FOR ADDITIONAL ELECTRIC REQUIREMENTS. Lul 2 INSTALL 2-4” PRIMARY CONDUIT PARKS AND . RECREATION INSTALL 1” SEAT LIGHTING CONDUIT FROM MDC. m tn U) 24 FUTURE EV CHARGERS, THIS ROW OF PARKING l j______ — SA /H 4 20’ INSTALL NEW VAULTS (UM1-13S). HCE TO RELOCATE TRANSFORMERS. _ PROPOSED STREET LIGHT (TYP), RE: LNDSCP. Pe r l Pes Ee. EXTEND 1” SECONDARY CONDUITS TO NEW STREET LIGHTS (1-1” PER EA. LIGHT). / / 1 O EE 2 EFO 1 PROVIDE BLOCKOUT OR CORE FOUNDATION WALL FOR SEWER SERVICE ENTRY. / / / / / y /, J I / / / z / 8r$/7 EXTEND PRIMARY ELECTRIC INTO — & OUT OF PROPOSED TRANSFORMER VAULTS. 55 PROPOSED STREET LIGHT V 6w. \ J . —37 “Fo PROVIDE SECONDARY CONTAINMENT AROUND STORM LINE <, 1 \ \ 8 PeFo A 4 W OD E I I I ( PA 33 * „6PHA _ INSTALL NEW UM30S VAULT OVER EX. LINE 45 ’ 6 SCONDUrd(2-2)“9— eo RAISE (6“A) EXISTING \ 4 \ EX. MANHOLE MH 0620 RPIVATE MANHOLE RIM= 7430.61’ INV IN 4” (E)= 7421.3’ INV IN 4” (NW)= 7420.6’ (NE) TOWN HALL=7415.2’ « R SERVICE . MANHOLE ELECTRIC METER(S) &_ MDC, RE: ELEC. SITE PLAN 2 Lu 'HARGERS. SWEEP 1 CONDUIT TO SURFACE IN FRONT OF EACH STALL & CAP. RE: ELECTRIC SITE PLAN FOR ELECTRIC REQUIREMENTS. INSTALL 2-4” _ CONDUIT . 8 EX. INVERT IN (NE) FR( / / TOWI 3-3” CONDUIT FROM MDC SPECEV 400A3P & 3-1” CONDUIT FROM MDC TO EACH SPECEV 50A2P TALL 22* T. BENDS 7 €P, PROPOSED WATER EASEMENT. € € EXISTING EMPTYOCOMM. CONDUIT (3-2”) INSTALL CONDUIT Sou, REMOVE -EXISTING OUTLET, so 60 / i /9 /2 / 6Pb 48 «9 €oPEs 6° APPROX. LOCATION OF EXISTING 24” DIP WATER LINE (NOT FIELD LOCATED). SOUTH PARKING LOT / (42 SPACES) «° \ tsS / | INSTALL 1”: SECONDARY - LIGHTING CONDUIT FROM MDC JOINT TRENCH W/ PRIMARY. PARK LIGHTING CONDUIT THRU WALL, — EXTEND TO SURFACE & CAP. NOTE: PER SB18-167, ALL NEW UNDERGROUND FACILITIES, INCLUDING SERVICE LINES, MUST BE ELECTRONICALLY LOCATABLE. & X, SEWER MANHOLE EX. RIM= 7430.6’ % Ll fo Pw&9(S3/69 (ok XLXXXXXXXX IXXXXX (XAXXXXXXXXX NSTALL NEW STREETLIGHT (TYP), RE: LANDSCAPE RE: ELECTRIC SITE PL FOR SPECE' Eo //Ji ■ J LOCKABLE CONNECTOR (PER ERWSD APPENDIX E), IF NO EXISTING TRACER WIRE, SEE ERWSD DETAIL B-10. 8”x8"x4”DIPTEE & INSTALL 4” GATE VALVE. 25 CA .L NEW UM30S EX. LINE BY/ & 722 OPEN OVER NSRT: “4198,8 %a C 308y 2? JP “o 03 / INSTALL BARREL SECTIONS ANI SECTION WITH STEPS TO ACHIEVE VERTICAL ELE' FIRST STEP MUST BE INS PROPOSED PRIMARY ELECTRIC (OH BURY). , " Ess _ r co 0), la INSTALL .TRACER WIRE ACCESS BOX. .TERMINATION (AT CLEANOUTS), AT GRADE, STAMP WITH "SEWER”, (TYP) MH RIM TO MATCH FINAL GRADE (39.65+ CONNECT NEW SECONDARY CONDUIT FROM NEW TRANSFORMER LOCATION TO EXISTING CONDUIT AT THE WEST SIDE OF EXISTING (TO BE DEMO’D) VAULT (2-4” SCH. 40 CONDUIT). NEW WIRES ARE TO BE PULLED FROM THE 480V 68 y. RAISE EXISTING HANDHOLE TO-GRADE (6”±). \ /RESTROOMS. (SEE PROFILE) CAP AND /ABANDON EX. 4’ PVC SEWER SERVICE TO THE EAST. “Fo 3 Pls INSTALL RELOCATED FIRE HYDRANT ASSEMBLY. INSTALL 8” X 6” TEE ON EX. MAIN WITH THRUSTBLOCK. EXTEND 6” DIP LATERAL WITH 6” GATE VALVE. €o sonNOOSesce sewe - e. ^/i APPROX. EXCAVATION LIMIT. REPLACE ROAD SECTION FOLLOWING ELEC. INSTALLATIONS PER TOA ROAD CUT DETAIL. // 3 26. 48o0P3 — 4Z‘ 4 ©4“ €Fo EE 8 fo HANDHOLES W/ 2-8” PVC CONDUIT. CORE HANDHOLE WA — — MILLED SHEAR STEP PRIOR TO FINAL 2 ASPHALT LIFT. RE: TOA ROAD CUT DTL. 37— _ & w & REPLACE EXISTING BASE COURSE AND ASPHALT PAVEMENT, RE: EXISTING STORM AS NEEDED/) d & d / / 1 / 1 / / 79 / / ___ IE FLUSH WITH GRADE. EFo 8h 1 — 20‘ WATER EASEMENT R20221933 EFo 6P, ___" WATER TRACER WIRE- #12 COPPER, BLUE INSULATION, 333—2900 - FONTRACTOR MAY INSTALL O ±A © a &‘Ew. “COM , I r ZD T INSTALL 1 SEAT LIGHTING CONDUIT & 1” FUTURE SKATE PARK LIGHTING CONDUIT. KAXAXKAA//7/7 A/// //Am/// A/A0)///A A////W//AA SWEEP CONDUIT BELOW 1 7728 & & 3 eV / /________________ TOPOGRAPHIC / e SURFACE CONNECT NEW 4” -SERVICE TO PENETRATION, INSTALL NEW BOOT./E .9 & 1-3” SCHC~40) "20M BUILDING. PROVIDE BLOCKOUT(S) IN WALL. PROVD 12” WIDE (MIN.), 2” DEEP & % AFs /o) /0? / & // eoui y./ /, SWEEP FUTURE LIGHTING 788 2 ‘ J ©2 “ReeUps.C. AL & 4“ _______________ CONTAINMENT AROUND 10’ MIN. ON EACH SIDE OF CF Z. RE: DETAILS. 8%, /EXISTING BUILDING & 6.Ew.- “Cow. LAKE/ STREET 1 7 77 2 Cy y e EXISTING WEST PARKING LOT (37 SPACES) W y XX / C 7- // //ew./ / ILL TO PROPOSED GRADES. XISTING TRANSFORMERS. 6 32330 4° 4 ..................... // SEWER SERVICE68 "WATER”, (TYP) XSesY & N9. esCou 45 "S45 POSE OF ELECTRICAL CABINET, PANEL, VAULTSS& PADS FOLLOWING SWITCHOVER PARKING AREA ASPHALT REPLACEMENT DETAIL. &‘ 793 $) , I ft h 4/VI, 0 Y &‘ NEW 4” SDR Pes E FLUSH W/ G RAISE EXISTING ELEC. MH TO MATCH FINAL GRADES. IP ' y AT CONNECTION POINT W/ TERMINATION BOX. ew (WY m 2 )0 3-3” CONDUI A. FROM XFMR. o — — EXCAVATE & REMOVE EX. FIRE HYDRANT. REMOVE BACK TO - MAIN AND CAP TEE. AQ‘06 //A /// / 2/ / XX TEI I /I I 7 7Ti % x 719 & V\ R \ J /// /// / 2 /l ‘ / J7 /l 7 gy /g/ 73 rC o' & S' ERWSD TRACER WIRE NOTES (SEE APPENDIX E-1.12 FOR ALL NOTES) THRUST BLOCK SIZING TABLE THRUST BLOCK # 1. All water and sewer mains and services shall have tracer wire. 2. Tracer wire to be HDPE insulated #12 AWG copper or copper clad steel, 300 lb load, 30 mil insulation. 3. Insulation to be color coded per AWWA, blue (water), green (sewer), red (ground wire). 4. All connectors to be lockable at wire intersections. 5. See Appendix E for approved wire and connector manufacturers and details B—07 to B—10 for details. 6. Access Box-install tracer wire access box at water curb stops and sewer cleanouts. 7. Ground all dead ends and termination points at Access Boxes. 8. Tracer wire placed on top half of pipe and plastic zip tied to pipe every 5 feet. 9. Access Box to be Copperhead Industries Snake-Pit or approved equal. W.Tracer lines are to be joined together at tees, wyes, branches or laterals for a particular line type (water, sewer). MINIMUM SURFACE BEARING AREA (SQ. FT.) 6.3 4.88 INSTALL SERVICE LINE W/ 4.5’ MIN. COVER. f f 9 SAWCUT EX. ASPHALT &X/.LT I PE ETAI REPLACE PATH ER / C P /2 /ASPHALT PATH DETAIL.f./ f A€ YeINSTALL 2-4” SCHD. 40 SECONDARY CONDUIT Fl r FROM METER.EXISTING TRANSFROMER TO NEW RESTROOM I / PLAYGROUND RESTROOMS TOA FOR SHUTTING OFF OF DITCH DURING CONDUIT INSTALLATION. LAKESIDE TERRACE CONDOMINIUMS NEW METER TO BE INSTALLED ON RESTROOM BUILDING. EXISTING TRANSFORMER #266 P3 A V\ \ • \ \ & 0 2 CONTRACTOR TO COORDINATE WITH" THE SWEEP CONDUITS BELOW DITCH. C U th C) r U U) g U g U Ac ISSUED FOR: DATE COMMENTNo. C PERMIT SET ERWSD REVISIONS UTILITY PLAN PROJECT No. DRAWN BY CHKBY TRVBY TSL MCW TSL SHEET No. C-04 SCALE: AS SHOWN 02/19Z2025 05/05/2025 DATE 02/19/2025 CONTRACTOR TO PROVIDE TRAFFIC CONTROL DURING (WORK IN LAKE STREET. ANY TRENCHING IN LAKE STREET IS TO BACKFILLED EACH EVENING. BACKFILL ISJAC...____________ ____ ____ _____ TO BE LEVEL WITH ADJACENT ASPHALT LEGEND PROPOSED WATER SERVICEEXISTING 5’ CONTOUR PWS PWS----- 7425------ PROPOSED FIBER CONDUITEXISTING 1’ CONTOUR -------- PFO PFO PFO------------ 38------------- PROPOSED SEWER SERVICESTORM SEWER -------- PSS PSS PSS --------- PROPOSED PRIMARY ELECTRICBUILDINGPE PE PE PROPOSED SECONDARY ELEC.EDGE OF ASPHALT -------- PES PES PES --------- EX. OVERHEAD ELECTRIC LINEEDGE OF CONCRETE EOH O- EOH EOH EXISTING ELECTRICAL LINECURB AND GUTTER EE EE EE EXISTING GAS LINEEXISTING ASPHALT EG EG EG EXISTING PHONE LINEEPH EPH EPH S EXISTING SEWER LINE ES ES EW69 EXISTING WATER LINEEW EWEXISTING CONCRETE %YO E ELECTRIC MANHOLE A PROPOSED CONCRETEf - PHONE PEDESTALTELPROPERTY LINE EXISTING CABLE TV LINEETV ETV ETV EXISTING IRRIGATION LINEIRR IRR IRR PROPOSED ASPHALT REMOVAL & REPLACEMENT PROPOSED 2” ASPHALT MILL & OVERLAY RI Z O N T A L HO R I — E X . P F ST A : 0 + 3 8 0+ 2 7 . 9 , PR O P . PR O P . 74 3 4 . 0 0 . E L E C . S E R V I C E CL E A N - O U T : 1 + 0 7 . 1 , 4 5 * IZ O N T A L B E N D .7 , 4 5 * AL B E N D .7 , 4 5 * AL B E N D EX . S E W E R M H 0 6 2 0 RI M = 7 4 3 0 . 6 1 EX . I N V I N ( N W ) = 2 0 . 6 1 IN V I N ( N E ) = 1 5 . 1 1 IN V I N ( E ) = 2 1 . 3 1 IN V O U T ( S ) = 1 5 . 1 1 74 2 9 . 9 5 74 3 6 . 9 ■I lST A ST A : HO R I ST A : HO R I EX . P H EX . 2 4 ’ PR I M A R Y SE R V I C E ON E & F I B E R ‘ W A T E R IO N E & F I B E R .4 , 4 5 * AL B E N D CU T E X . . 4 5 * BE N D EL E C . 74 3 9 . 2 74 3 8 . 7 74 3 2 . 9 5 O: \ A v o n \ T O A N o t t i n g h a m R e s t r o o m s 2 0 2 1 \ d w g \ M a s t e r \ U T I L I T I E S S K A T E P A R K . d w g , 5 / 5 / 2 0 2 5 3 : 3 1 : 3 8 P M , W a d e y IM P R O V E M E N T S P R O J E C T EA S T N O T T I N G H A M P A R K Av o n , C o l o r a d o Co p y r i g h t © 2 0 2 2 b y Z e h r e n & A s s o c i a t e s I n c . EL E C T R I C A L ME C H A N I C A L (3 &N o IU D E N A N D A S S O C I A T E S , I N C . _I I I L I A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R S 48 E a s t B e a v e r C r e e k B l v d . , S u i t e 3 0 3 P. O . B o x 1 9 7 6 - A v o n , C o l o r a d o 8 1 6 2 0 (9 7 0 ) 9 4 9 - 0 2 5 7 F A X ( 9 7 0 ) 9 4 9 - 1 0 8 0 AL P I N E E N G I N E E R I N G , I N C . ST R U C T U R A L C C (M A X R LA N D S C A P E A R C H I T E C T U R E 10 1 E l P a s e o Sa n t a B a r b a r a , C a l i f o r n i a 9 3 1 0 1 (8 0 5 ) 9 6 3 - 6 8 9 0 F A X ( 8 0 5 ) 9 6 3 - 8 1 0 2 5 TOA Phase 1 TOA Phase 2 General Contractor ATTACHMENT A 970-748-4446 mlabagh@avon.org Page 1 of 1 TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Michael Labagh, Recreation Director RE: 2025 Recreation Department Annual Review DATE: May 1, 2025 SUMMARY: The attached report provides an annual review of the Recreation Department operations for the 2025 fiscal year. No direction is requested from the Town Council. BACKGROUND: As part of the Recreation Department’s 2025 goals, staff committed to developing a comprehensive annual report for the preceding year. The 2024 Annual Report was presented to Town Council in April 2025, and staff intend to continue providing a department-wide annual review moving forward. Thank you, Michael ATTACHMENTS: ATTACHMENT A – Recreation Department 2025 Annual Report Avon Town Council May 12, 2026 RECREATION DEPARTMENT 2025 ANNUAL REPORT MAY 12, 2026 MICHAEL LABAGH, RECREATION DIRECTOR ATTACHMENT A RECREATION DEPARTMENT MISSION, VISION & VALUES Avon Town Council May 12, 2026 MISSION STATEMENT: Our Mission is to foster a strong sense of belonging by providing safe, accessible, diverse programs and services that promote the physical and mental well-being of our community. VISION STATEMENT: Our Vision is to be the heart of a thriving community, while enhancing our facilities, programs and services that create valuable recreational opportunities and memorable experiences for everyone. VALUES: COMMUNITY, TEAMWORK, COURAGE Avon Town Council May 12, 2026 •12 full-time staff •90-130 part-time staff •Seven Divisions •Administration •Guest Services •Fitness •Youth Programs •Adult Programs •Aquatics •Community Swim Program ORGANIZATION CHART Avon Town Council May 12, 2026 FACILITY USE & ACCESS •Avon Recreation Center •Fitness & Aquatics •Avon Elementary School Gymnasium •Youth & Adult programming •Homestake Peak School Gymnasium •Adult programming •Park Picnic Shelters •Open use, group reservations •Nottingham Lake, Swim Beach & Metcalf Cabin •Open use, boat rentals, ice skating and other department programming Avon Town Council May 12, 2026 RECREATION CENTER ADMISSIONS - OVERVIEW •Standard & Avon Resident rates offered •209,193 visitor check ins •$1,432,115 admissions revenue •75% of total revenue for the department Avon Town Council May 12, 2026 RECREATION CENTER ADMISSIONS - VISITATION •348 operating days •601 visitors per day average •Average daily visitation per season: •Nov-Apr: 659 •Jun-Aug: 562 •May, Sep, Oct: 508 •*Facility maintenance closures held in Spring & Fall Avon Town Council May 12, 2026 RECREATION CENTER ADMISSIONS - MEMBERSHIPS •13,616 total memberships •62% male 38% female •Average age: 37 •Membership revenue: $786,504 •Black Friday Sale revenue: $80,201 (10% of membership revenue) Avon Town Council May 12, 2026 RECREATION CENTER ADMISSIONS – PUNCH PASS •2,450 punch passes sold •Total punch pass revenue: $366,937 •Black Friday Sale punch pass revenue: $125,898 (34% of punch pass revenue) Avon Town Council May 12, 2026 RECREATION CENTER ADMISSIONS – DAILY RATE •22,030 Daily Rates processed •Daily Rate revenue: $288,470 Avon Town Council May 12, 2026 RECREATION CENTER ADMISSIONS – MERCHANDISE •Merchandise revenue: $8,348 •Top selling items: 1. Swim Goggles 2. Water Bottle 3. Swim Cap 4. Gymshark Shorts 5. Hooded Sweatshirt Avon Town Council May 12, 2026 FITNESS PROGRAMMING •Personal Training – 343 sessions •InBody Body Composition Scale •Individual Tests – 91 registrants •Adult Fat Loss/Muscle Gain Competitions – 27 registrants •Adult Fitness Orientations •Teen Fitness Onboarding Program •QiGong & Heels Dance class additions •30+ weekly fitness classes •Yoga, Spin, HIIT & Dance •On-Demand Fitness Avon Town Council May 12, 2026 FITNESS PROGRAMMING •30+ weekly fitness classes •Average Group Fitness Class Attendance •Yoga: 20 •HIIT: 5 •Spin: 5 •Dance: 13 Country Dance: 7 •Older Adult Mobility: 11 •Barre: 8 •Water Aerobics: 9 •Pilates: 6 Avon Town Council May 12, 2026 YOUTH & FAMILY PROGRAMMING •State Licensed Childcare Programs •Afterschool – 165 days Max 30 kids/day | Avg 15 kids •School’s Out Camp – 29 days Max 30 kids/day | Avg 24 kids •Summer Camp – 48 days Max 60 kids/day | Avg 46 kids •Our services support 180+ families Avon Town Council May 12, 2026 YOUTH & FAMILY PROGRAMMING Kids Night Out Programs •Kids Swim Night Out – 5 days Max 30 kids/day | Avg 13 kids •Kids Nerf Night Out – 7 days Max 30 kids/day | Avg 25 kids Avon Town Council May 12, 2026 ADULT & FAMILY PROGRAMMING Diverse Program Offerings Include: •MVPeeWees - Preschool Sports •Tots N Trails Outdoor Crafts •Mother’s Day Blooms & Brushes •Kid’s Dunk-N-Dash Race Series •Pumpkin Fun Run & Haunted Metcalf Cabin •Turkey Trot 2k & 5k •Adult Day Trips Avon Town Council May 12, 2026 ADULT PROGRAMMING - SPORTS •Leagues: Kickball, Pickleball, Dodgeball & Sand Volleyball •Clinics & Private Lessons: Tennis & Pickleball •105 private lessons conducted •Tournaments: Pickleball, Volleyball & Basketball •Drop-In Sports •Average attendance: 16 participants/day •Pickleball – Mondays & Saturdays •Volleyball – Tuesdays •Futsal - Wednesdays •Basketball – Thursdays Avon Town Council May 12, 2026 ADULT PROGRAMMING - AQUATICS •Adult Learn-to-Swim •9 classes | 34 registrants •Dunk-N-Dash Summer Race Series – Mondays •8 races | 56 registrants •Drop-In Sports •Winter Masters Swimming – Mon/Wed/Fri •5-9 participants •Summer Open Water Swim – Thursdays •8 drop-in days | 48 registrants Avon Town Council May 12, 2026 AQUATICS PROGRAMMING •Group Swim Lessons •Parent/Child (6 months – 36 months) 22 classes | 83 registrants •Preschool (3-5 years old) 35 classes | 99 registrants •Youth (6-12 years old) 38 classes | 142 registrants •Private Swim Lessons – 302 lessons •Swim Team •Recreational – 10-20 participants •Competitive – 25-30 participants Avon Town Council May 12, 2026 AQUATICS PROGRAMMING •Certification Classes •Lifeguard Training - 4 courses | 22 lifeguards •Swim Instructor – 1 course | 3 instructors •Babysitter’s Training – 4 courses | 27 babysitters •First Aid/CPR/AED – 9 courses | 37 individuals Avon Town Council May 12, 2026 FACILITY RENTALS •99 picnic shelter rentals •28 birthday party rentals •3 fitness studio space rentals •Lap Pool rentals •Scuba Diving classes •Kayak roll classes •Physical therapy •Staff training •$22,555 facility rental revenue Avon Town Council May 12, 2026 FINANCIAL REVIEW - EXPENSES •$3,037,376 Actual Expenses Avon Town Council May 12, 2026 FINANCIAL REVIEW - REVENUE •$1,908,299 Total Revenue •$1,432,115 Admissions Revenue •$476,184 Program, Rental & Service Revenue Avon Town Council May 12, 2026 FINANCIAL REVIEW – COST RECOVERY The Recreation Department operates under a program and service-based cost recovery model, ensuring a balanced approach between fiscal responsibility and community accessibility. This model supports equitable access to essential services while aligning program pricing with market value and operational costs. Most programs operate within 100% - 160% cost recovery. Recreation Department Cost Recovery •Total Revenue: $1,908,299 •Total Expenses: $3,037,376 •Cost Recovery: 63% Avon Town Council May 12, 2026 COMMUNITY TESTIMONIALS “My son loves Avon Rec! He has so much fun enjoying after school activities and loves the fun adventures and trips while at camp. I am super thankful for Kami and the team!” - Karely A Avon Town Council May 12, 2026 COMMUNITY TESTIMONIALS “I played in the Adult mixed partner pickleball league last Fall. Had a great time meeting new players and new neighbors. The program was well run and the rules were clear. I highly recommend the Avon Adult Programs for anyone looking for a bit of adventure.” - Diane K Avon Town Council May 12, 2026 COMMUNITY TESTIMONIALS It’s gratifying to watch them grow, improve and become a confident swimmer. I like to see the students apply what they learned from what I taught them.” -Jess S. Avon Town Council May 12, 2026 COMMUNITY TESTIMONIALS “We have been members at the Rec Center since late 2015. We enjoy using the exercise equipment. The Rec Center is clean and well kept. We really do enjoy the very friendly and helpful staff. They are the best!” –Kathy & Jim S. Avon Town Council May 12, 2026 2026 RECREATION DEPARTMENT FORECAST •2026 Goals •Add programs at a sustainable rate •Enhance & optimize operations •Update standard operating procedures •Collaborate on Town Park Planning •Prepare staff for the Certified Parks & Recreation Professional (CPRP) program THANK YOU! Avon Town Council May 12, 2026 Michael Labagh Recreation Director mlabagh@avon.org 970-748-4446 Visit AvonRec.org to learn more about our programs, facilities and services! 970-331-2405 mjackson@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Mike Jackson, Public Works Director RE: IGA - Wildland Fire Mitigation DATE: May 1, 2026 SUMMARY: This report is provided for Council’s information regarding the 2026 Wildland Fire Mitigation Intergovernmental Agreement (“IGA”) between the Town of Avon and the Eagle River Fire Protection District (“ERFPD”). The Town of Avon has partnered with ERFPD for several years to implement wildland fire mitigation efforts in the Wildridge, Wildwood, and Mountain Star neighborhoods. Through this partnership, ERFPD can leverage the Town’s annual financial contribution to secure additional state and federal grant funding, allowing significantly more wildfire mitigation work to be completed than the Town’s contribution alone would support. The 2026 IGA was executed by the Town Manager on April 29, 2026. The Agreement provides $80,000 in funding for wildland fire mitigation. Plans for the 2026 scope of work are included in Exhibit A of the IGA, including a map and description of the project areas. BACKGROUND: The Town has partnered closely with the Eagle River Fire Protection District (“ERFPD”) to design and implement strategic wildland fire mitigation measures aimed at reducing the risk of catastrophic wildfire impacts to the Wildridge neighborhood and surrounding areas. Through this longstanding collaboration, multiple fuel breaks, debris reduction efforts, pile burns, and vegetation studies have been completed. Key mitigation efforts by year are summarized below. 2020 Thirty-six (36) large debris piles generated from 2019 mitigation work were successfully burned. Fuel break treatments were completed on approximately 16 acres. 2022 Fuel breaks were established in the Buck Creek drainage, June Creek drainage, and Beaver Creek Point. A total of 30.5 acres were treated. Project funding included:  $40,000 contributed by the Town of Avon.  $12,500 contributed by ERFPD using Eagle Valley Wildland funds.  An additional $20,000 contributed by the Town of Avon to cover staff time in Wildridge and operational costs associated with pile burning. As a result of these efforts, ERFPD successfully obtained approval from the National Fire Protection Association (NFPA) for Wildridge to be designated as a Firewise Community. 2023  The Town of Avon contributed $80,000 to the Wildland Fire Program.  Fuel break treatments were completed on 241.9 acres. ` 970-331-2405 mjackson@avon.org  The Wildland Fire Program received a $243,500 grant from the Colorado State Forest Service. Grant funds were used to treat hillside areas extending from the Cordillera Valley Club to Mountain Star on the north side of I-70.  Additional funding partners included Berry Creek Metro District, Eagle County, and federal agencies, contributing a combined total of $100,750.  Mitigation work during this period focused primarily on protecting the Metcalf evacuation route.  A vegetation study on the West Avon Preserve was funded by ERFPD and Eagle Valley Wildland to better understand the Mountain Penstemon and potential treatment effects, at a cost of $6,000.  The Town of Avon also contributed an additional $80,000 to support mitigation efforts and strengthen eligibility for future funding opportunities through the United States Forest Service (USFS). 2023–2024  Eagle Valley Wildland burned more than 200 debris piles in Unit 6.5.  Priority pile burning was planned for Units 3, 5, and 6.  Fuel break treatments totaled 146.9 acres. 2024–2025 The Town of Avon contributed $80,000 to the Wildland Fire Program. Mitigation funding was used to complete fuel break treatments on a total of 18 acres, including:  Avon Open Space Unit 22  Avon Open Space Unit 10 2026 The Town of Avon contributed $80,000 to the Wildland Fire Program. Mitigation funding will be used to complete fuel break treatments on a total of 42.8 acres, including:  Avon Open Space Unit 8  Avon Open Space Unit 8-1  Avon Open Space Unit 9  Avon Open Space Unit 18  Avon Open Space Unit 20  Avon Open Space Unit 21 FINANCIAL CONSIDERATIONS: Funding of $80,000 is included in the approved 2026 budget to support wildland fire mitigation efforts to be completed by ERFPD, the ERFPD Wildland Team, and Eagle Valley Wildland (EVW). Section 5 of the IGA includes a financial follow-up and reporting requirement outlining project expenditures and completed scope of work. Financial Report. On or before December 31, 2026, the District shall provide the Partner with a financial report describing the Contribution expenditures, total expenditures for the Project, ` 970-331-2405 mjackson@avon.org supplemental sources of funds that may be in addition to the Contribution and the Project status (“Financial Report”). RECOMMENDATIONS: No action is required. This report is provided for Council’s information regarding the execution of the IGA between the Town and the Eagle River Fire Protection District, which has been signed by the Town Manager. Thank you, Mike Map or Description of Project Area ` 970-331-2405 mjackson@avon.org UNIT Acres 8 5 Acres 8-1 3.4 Acres 9 7 Acres 18 13.8 Acres 20 9.8 Acres 21 3.8 Acres District will use a portion of Partner funding to support the chipping program for the Wildridge and Wildwood neighborhoods for a minimum of 3 months. 970-748-4072 cvanwinkle@avon.org TO: Honorable Mayor Underwood and Council members FROM: Chelsea Van Winkle, Senior Special Events Coordinator RE: Summer Food Truck Program – Summer 2026 Update DATE: May 1, 2026 SUMMARY: This report provides an update on the Town’s Summer Food Truck Program, which allows for a Food Truck, Trailer or Cart to operate on Town-owned property at designated locations approved by the Town Manager. The Food Truck Approved Locations are provided as ATTACHMENT A. The Summer 2026 Food Truck Program will operate from May 22 through September 27, 2026. This is submitted as a written report and no action by Council is requested. BACKGROUND: In 2016, the Avon Town Council adopted limited authorization for Food Trucks and Food Vendors and the Town Manager implemented administrative regulations and guidelines. During the COVID-19 pandemic in 2020 and related health and safety concerns, on May 26th, 2020, Avon Town Council approved and adopted an amendment to Resolution No. 20-17. The amendment included revisions to (1) promote the health, safety and general welfare of the Avon community and (2) provide such Food Trucks and Vendors are operated by an existing restaurant or food purveyor business in Avon. Furthermore, on March 8th, 2022, Resolution No. 22-05, was approved, and adopted by Avon Town Council. The amendment removed the restriction that such Food Trucks and Vendors are operated by an existing restaurant or food purveyor business in Avon. In 2022, one (1) food truck, Los Patrones, operated near the Recreation Center on Lake Street. In 2023, two (2) food trucks were permitted, Volcano Sushi and Vamos a Donde Tu Quieras. In 2024, two (2) food trucks, Volcano Sushi and Taqueria Los 3 Gallitos, operated from the Recreation Center west parking lot due to power constraints on Lake Street. Last summer, one (1) food truck, The Chi Shack, operated on Lake Street. Each year, Staff continues to refine the program based on vendor interest, community response, and available infrastructure. For 2026, Staff made minor updates to the Summer Food Truck Application and Regulations, provided as ATTACHMENT B. ANALYSIS: Staff received three (3) applications from Eagle County food purveyors interested in operating a food truck, trailer, or cart on Town-owned property this summer. The applicants are listed below: 1.Ceviche LLC – Location A 2.Buon Taco – Location A 3.Taqueria Los 3 Gallitos – Location A Of the three (3) applicants, one (1) food truck was selected for the 2026 Summer Food Truck Program. Due to limited power at Lake Street (Location A), where only 120-volt (20-amp) service is available, staff will be moving the direct vending operations to the Recreation Center west parking lot where adequate power is located. The selected vendor is recommended based on the completeness of the application, compatibility with available utilities (including power), menu offerings, and operational readiness. Thank you, Chelsea ATTACHMENT A – 2026 Food Truck Approved Locations ATTACHMENT B – 2026 Summer Food Truck Application and Regulations TOWN OF AVON 2026 FOOD TRUCK PROGRAM APPROVED LOCATIONS Locations A & C: Memorial Weekend - End of September Location B: Not Available Due to Construction C A B A ATTACHMENT A 1 FOOD TRUCK PROGRAM VENDOR PERMIT APPLICATION Permit Term: May 22, 2026 – September 27, 2026 Locations: See Exhibit A Permit Type: Temporary, Summer 2026 1.APPLICANT INFORMATION Name of Applicant: _____________________________________________________________________________ Business/Organization: _________________________________________________________________________ Mailing Address: _______________________________________________________________________________ Telephone Number: _____________________________________________________________________________ Email Address: _________________________________________________________________________________ 2.LOCATION PREFERENCE (PLEASE LIST CHOICE AFTER REFERRING TO EXHIBIT A): A.________________ (access to 20-amps of power max) C.________________ (cart location only, no power access) 3.FOOD TRUCK INFORMATION Structure Type: ☐ Truck ☐ Trailer ☐ Cart Size/Dimensions (including hitch): __________________________________________________________________ Preferred Days/Hours of Operation: _________________________________________________________________ Power: Please provide details on your power needs (only for location A) A.Total Amperage Requested (please give accurate power needs): _______________________ B.Do you have a specialty plug? __________________________________________________ i.What type of plug is it? ________________________________________________ ii.Will it need an adapter (only 120V plug available? ______________________________________ ATTACHMENT B 2 Menu: Please provide a description of your food and beverage menu or attach your menu to this application. _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Refuse Plan: Please explain your plan for disposal of trash, compost, and recycling generated by the business & its patrons. _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 4.PERMITS AND LICENSES (ATTACH COPIES) ☐Picture of Your Power Plug (Location A Only) ☐Picture of Your Food Truck, Trailer or Cart ☐Eagle County Retail Food License for Temporary Vending ☐Fire FMAC Inspection Certification ☐Colorado Sales Tax License ☐Town of Avon Business License (License No: ____________) 5.FEES & DEPOSIT ☐I agree to pay required fees and deposit as outlined below: •Location A: A monthly fee of One hundred Fifty-Five Dollars ($155.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is Six Hundred and Twenty Dollars ($620.00) without 10% discount applied. •Location C: A monthly fee of Eighty Dollars ($80.00) is applied for incidentals. If paid upfront, a 10% discount will be applied. Total fee is Three Hundred and Twenty Dollars ($320.00) without 10% discount applied. •Food Truck Vendor fee does not include the Town Business Licenses fee. •$500 security deposit required. 6.NON-DISCRIMINATORY/EQUAL OPPORTUNITY ☐By checking this box, you agree to not discriminate against any individual because of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Food Truck permit. 3 7.FOOD TRUCK PROGRAM VENDOR REGULATIONS ☐By checking this box, you agree to the Town of Avon Food Truck Program Vendor Regulations provided and attached as Exhibit B. ☐By checking this box, you agree to abide by Avon’s Public Parking regulations. 8.INSURANCE & INDEMNIFICATION ☐I will provide proof of: (please attach) •General Liability ($1,000,000 per person / $2,000,000 per incident) •Workers’ Compensation & Employer’s Liability •Property Insurance (full replacement cost) _________________________________ ___________________________ Signature of Applicant Date The permit application is approved by the Town of Avon as noted by the signature below. The applicant must comply with all Town of Avon applicable municipal codes and Town of Avon Food Vendor Regulations, adopted on October 28, 2025. _________________________________ ______________________________ Town of Avon Date Summer Food Truck Program Vendor Regulations October 28, 2025 Page 1 of 6 EXHIBIT B SUMMER FOOD TRUCK PROGRAM: VENDOR REGULATIONS I.INTRODUCTION The objective of Avon’s Food Truck Vendor program is to support small business opportunities, activity in Harry A. Nottingham Park (“Nottingham Park”), and to enhance the visitor and resident experience. These regulations set forth criteria intended to promote high quality Food Truck Vendor operations, maintenance, and design for operators under the Food Truck Vendor program. The Town of Avon (“Town”) reserves the right to amend these regulations from time to time as deemed appropriate by the Town. A Food Truck Vendor Permit does not grant access to vend during Town special events. All references to the Town Manager shall include the Town Manager’s designee. II.FOOD TRUCK VENDOR PERMIT, TERM & FEES A Food Truck Vendor Permit may be issued to businesses (“Vendor”) who will offer creative, imaginative, and unique food items that are compatible with the ambience of the available vending sites and will also enhance the experience of residents and visitors. Permits will be awarded to qualifying applicants subject to availability of appropriate locations and times. A.Permit Description: Each Food Vendor Permit will identify the food and/or beverage genre and menu items the Vendor is permitted to sell. The Town will endeavor to limit the number of vendors which carry the same or similar types of food and/or beverage to offer distinct and diverse menu items. B.Term of Permit: If selected for placement and operation of a Food Truck Vendor location, the Town shall provide a Food Truck Vendor Permit to the owner of the based business which delineates all the terms and conditions of the Food Truck Vendor Permit. C.Fees: 1.Location A: A monthly fee of One hundred Fifty-Five Dollars ($155.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is Six Hundred and Twenty Dollars ($620.00) without 10% discount applied. 2.Location C: A monthly fee of Eighty Dollars ($80.00) is applied for incidentals. If paid upfront, a 10% discount will be applied. Total fee is Three Hundred and Twenty Dollars ($320.00) without 10% discount applied. 3.In 2027 the monthly electricity and incidental fees will increase as outlined below: •One Hundred Sixty Dollars ($160.00) respectively for Location A. •Eighty-Five Dollars ($85.00) respectively for Locations B. 4.Food Truck Vendor fee does not include the Town Business Licenses fee. Summer Food Truck Program Vendor Regulations October 28, 2025 Page 2 of 6 D.Security Deposit: The selected Vendor shall be required to deposit with the Town the sum of Five Hundred Dollars ($500.00) as a security deposit. The deposit may be used to pay delinquent Food Truck Vendor Permit Fees or for damage to public property attributable to the activity of the Vendor. The deposit will be refunded, minus any attributable costs, at the end of the Permit term or applied towards the next Permit Term. III.ENVIRONMENTAL HEALTH PERMIT Applicants must submit their approved Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department. A.Applicants must comply with Eagle County Public Health regulations for food service and must promptly forward any notices of non-compliance or orders related to the license to the Town. IV.PERMIT AREA & REFUSE PLAN A.Permit Area: The Town Manager is authorized to identify Food Truck Vendor locations (“Permit Areas”) near Nottingham Park, including but not limited to the sites mapped on Exhibit A. Food Truck Vendors must be delivered to the Permit Area at the start of the business day and removed from the Permit Area at the close of the business day, unless Permitted otherwise. Vendor’s vehicles and/or tents placed and/or parked in a marked parking space must fit within the width and the length of the marked parking space. Vendors shall not have any exclusive right to any location on Town property. The Town reserves the right to relocate designated Permit Areas on a permanent or temporary basis as needed. B.Sales Area: The sale of food shall only take place from within the Food Truck Vendor truck/tent/trailer. Furnishings or fixtures shall not be installed in such a manner as to become permanently affixed to or a part of the Permit Area. C.Transporting Responsibility: Responsibility for transporting Food Truck Vendor trucks/tents/trailers to and from the Permit Area shall be the sole responsibility and at the sole cost of the Vendor. D.Refuse Plan: The Vendor should maintain both the Permit Area, the immediate area surrounding the Permit Area and the display apparatus in a neat, clean, and hazard-free condition. Applicants must provide a written plan for disposal of trash and recycling generated by the business. V.DAYS & HOURS OF OPERATION. The Food Truck Program requires the Vendor to maintain regular and consistent operating hours. The Town will work with the selected Vendor to determine a reasonable Food Truck Vendor business schedule. VI.ADMINISTRATION A.Permits and Licenses: Selected Vendors shall obtain all required permits or licenses from all applicable governmental entities before a Food Truck Vendor Permit is issued, including but not limited to a State of Colorado sales tax license, a Town sales tax license, Town vendor business license. In addition, a State of Colorado Food Service License and an Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department must be obtained. Should Vendor already hold a Town sales tax license, Vendor must be current with any Town sales taxes due prior to the issuance of a Food Truck Vendor Permit. B.Display: The Vendor shall prominently display all required permits and licenses on the vending apparatus or, if no such apparatus is used, shall make such permits available upon reasonable request by any member of the public or official of the Town. Summer Food Truck Program Vendor Regulations October 28, 2025 Page 3 of 6 C. Compliance: The Vendor is responsible for compliance with the Town Food Truck Vendor Permit and Food Truck Vendor Regulations. D. Operator: No person shall operate the Food Truck Vendor structure except the Vendor and designated employees. VII. FOOD VENDOR DEFINITION & STRUCTURES A. Vendor: Avon Municipal Codes 5.04.020 defines a as “Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a or stationary cart, table, or vehicle regardless of whether a fee is charged for such goods or services.” B. Truck: A food truck is a food establishment in a motor vehicle licensed to operate by a department of motor vehicles and designed to create a single vehicle exposure. The Vendor will be responsible at its sole cost for the design, purchase and maintenance of a high quality and attractive food truck and all equipment necessary to deliver the products and services in a clean, attractive, and safe manner. C. Trailer: A food trailer is any vehicle without motive power that is designed to be drawn by a motor vehicle, specifically designed or used for food and/or beverage vending operations; and is a typically kitchen plus a vehicle. D. Cart: A food cart is any vehicle without motive power or conveyance that is designed to be pushed or pulled by human or animal, specifically designed or used for food and/ or beverage vending operations; and is typically a kitchen plus a vehicle. All vendor structures must be approved by the Town prior to the commencement of operation at any location within the Town. Any proposed modifications to the vendor structure specification must be reviewed and approved in writing by the Town Manager. VIII. VENDOR MAINTENANCE STANDARDS & OPERATION A. Vendor is responsible for all Food Truck Vendor structure maintenance. The Food Truck Vendor structure must be clean, sanitary and in good working condition always to the satisfaction of the Town in its sole discretion. B. The area around the Food Truck Vendor must be kept clean and free of trash. The Vendor must apply materials under the Food Truck Vendor structure (e.g., plastic sheet, cardboard, etc.) in order to prevent oil or other harmful substances from contacting Town right-of-way. If the Food Vendor causes damage to the area surrounding, the Vendor will be responsible for cleaning and finding a solution to prevent future damage. Applicants must provide a written plan for disposal of trash and recycling generated by the business and its patrons. C. All merchandise must be displayed on or within the Food Truck Vendor structure. The Vendor is responsible for ensuring displays standards are maintained. D. Acoustic and/or amplified sound, including music, is regulated by Town codes which must always be adhered to. E. Vendors using heaters (pre-approved by the Town and the Fire Marshall) during cold weather shall have a fire extinguisher on or in the Food Vendor structure and shall set up and operate the heater in a safe manner. F. Vendor may not use electrical generator without prior permission by Town. Use of Town electricity or Summer Food Truck Program Vendor Regulations October 28, 2025 Page 4 of 6 electrical connection is by permission only in the Town’s sole discretion and may be subject to charge by the Town. In accordance with the Food Truck Vendor Permit, violations of rules and regulations set forth in these regulations may result in the revocation of the Food Truck Vendor Permit. IX. STORAGE The Town provides no on-site or off-site storage area for Food Truck Vendors. Food Truck Vendor Permit holders are not permitted to store any equipment, supplies or merchandise on Town property. X. MERCHANDISING GUIDELINES Vendors are required to adhere to the following merchandising guidelines when creating Food Truck Vendor displays: A. Display of merchandise shall be professionally designed and executed. B. All displayed merchandise shall be visibly priced. C. All fixtures, fabric, signage, chairs, and other decorations shall be maintained in good condition throughout the operation. D. Merchandise shall always be stored inside the Food Truck Vendor structure or presented on approved display fixtures. No stored boxes, bags, or cloths are to be visible to the public. E. Merchandise shall be of reputable quality and in good condition. F. Food Truck Vendor structure should always be fully stocked with merchandise during business hours. G. Merchandise shall be presented in approved display units. H. Daily preparation of merchandise and display shall not create a visual nuisance to the public and surrounding businesses. I. The sale of counterfeit merchandise is not permitted. Counterfeit products refer to items that are either imitations of genuine products or items made without permission of a trademark owner. VII. SIGNAGE Vendor is responsible for investing in a high-quality sign(s) identifying the name of the business. A. Business identification signs must be located on or near the Food Truck Vendor structure. B. Business identification signs must be produced by a professional sign company. C. Signs shall be produced to professional standards and shall be approved in writing by the Town Manager or designee prior to placement on the Food Truck Vendor structure. D. Price signs and items description shall be preprinted and mounted on approved material. VIII. STAFFING To guarantee Food Truck Vendor patrons excellent service, the following staffing standards are required of all Vendors: A. All Vendor employees shall always be neat and clean and shall wear some distinctive articles of apparel that identifies them as Vendor employees. B. Vendor employees shall be courteous to all guests and patrons. Summer Food Truck Program Vendor Regulations October 28, 2025 Page 5 of 6 C. Vendor employees should not while on duty use improper language, behave in a boisterous manner, emit any unduly loud or unreasonable noise, engage in any horseplay, or unbecoming or otherwise illegal or objectionable conduct or activities at an approved Permit Area. D. Vendors should supervise the conduct of their employees. E. Vendor should insure that their employees understand and comply with the Town of Avon Food Vendor Regulations and special memos. F. Vendor and staff shall be familiar with restroom locations, ATMs and special events on Harry A. Nottingham Park’s event calendar. G. Should staff problems arise, Vendor shall be available in case of emergencies. If the problem is not resolved, the Town may exercise its discretion including closing or securing of Food Vendor or require replacement of employee by the Vendor. XI. INDEMNIFICATION & INSURANCE Vendor shall procure and maintain at Vendor’s own expense for the duration of the Food Truck Vendor Permit, the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, occupancy, operation and use of the Food Truck Vendor Permit Area by Vendor, Vendor’s agents, representatives, employees or subcontractors. • Comprehensive/Commercial General Liability of not less than $1,000,000 per person and $2,000,000 per incident. • Workers’ Compensation and Employer’s Liability. • Property insurance against all of risks of loss to personal property at full replacement cost. Insurance policies shall name the Town of Avon, its officers, employees, and agents as additional insureds and shall provide that the insurance is primary, and that no other insurance maintained by the Town will be called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to the Town prior to cancellation or material change. Evidence of such insurance is required prior to the issuance of the Food Vendor Permit. XII. INDEPENDENT CONTRACTOR Vendor in performance of the Food Vendor Permit will be acting in a wholly independent capacity and not as an agent, employee, partner, or joint venture of the Town. XIII. NON-DISCRIMINATORY/EQUAL OPPORTUNITY The Food Vendor Permit will contain a Non-Discrimination/Equal Opportunity provision that the Food Vendor shall not discriminate against any individual because of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Permit. XIV. REVOCATION OF FOOD TRUCK VENDOR PERMIT A. Vendor will be in violation of the Town of Avon Food Truck Vendor Regulations if any of the following occurs: 1. Failure to comply with any condition of the Food Truck Vendor Permit. 2. Opening late or closing early or failing to open the Food Truck Vendor (without written authorization by the Town). 3. Violation of Town sound regulations. Summer Food Truck Program Vendor Regulations October 28, 2025 Page 6 of 6 4.Leaving Food Truck Vendor unattended. 5.Allowing anyone other than a paid member of the Food Truck Vendor owner’s staff to attend or operate Food Vendor. 6.Changing the approved Food Vendor structure design or products approved for sale without prior Town approval. 7.Moving Food Truck Vendor structure in a rapid or unsafe manner. Any accidents with pedestrians or damage to property shall be reported immediately to the Avon Police Department. 8.Failure to keep Food Truck Vendor and space around Food Truck Vendor in a clean and sanitary condition. 9.Failure to comply with any requirements of the Food Truck Vendor Permit or putting the health, safety and welfare of the public at risk. 10.Using electrical generator or Town electricity without prior permission by Town. 11.Failure to comply with Avon Municipal Code Section 5.04.080 Vendor Regulations. B.Upon receipt of any evidence of violation of the Food Truck Vendor Permit or Town of Avon Food Truck Vendor Regulations, the Town Manager may submit a written demand for compliance to the Food Truck Vendor Permit holder, may summarily suspend the Food Truck Vendor Permit and/or may schedule a hearing for consideration of revocation. Prior to revoking a Food Truck Vendor Permit, the Town Manager shall provide at least three (3) days prior written notice to the Food Truck Vendor of the date and time of hearing and such notice shall describe the violations of the Food Truck Vendor Permit. An action to revoke a Food Truck Vendor Permit shall be in writing. These Food Vendor Regulations are adopted on October 28, 2025, by the Town Manager in accordance with Avon Municipal Code Section 5.04.080(e). (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Greg Daly, Chief of Police RE: Update regarding the Automated Vehicle Identification System (AVIS) for Speed Enforcement in Avon DATE: May 12, 2026 SUMMARY: This report provides an update regarding the use of Automated Vehicle Identification Systems (AVIS)—commonly known as speed safety cameras—installed to address persistent speeding issues in Avon. The goal was to enhance traffic safety, reduce collisions (particularly involving pedestrians), and modernize our enforcement approach through technology. Speeding is a leading contributor to vehicle crashes in Avon. As traffic volumes increase due to growth and development, proactive, technology-driven enforcement becomes vital. AVIS provides 24/7 coverage in areas where officer availability/ deployment is limited. BACKGROUND: In 2023 and 2024, the Colorado General Assembly passed Colorado Revised Statute (“C.R.S”) 42-4-110.5, permitting the use of AVIS in high-risk areas, including: school zones, residential neighborhoods, construction zones, areas near parks and other local corridors supported by speed and crash data. C.R.S. 42-4-110.5 identified automated vehicle identification systems (AVIS) as a statewide concern and an area where uniform state standards were necessary. In fall of 2025 the Avon Town Council passed Ordinance 25-15 authorizing the use of speed enforcement camera technology and defining designated Automated Vehicle Identification (“AVI”) enforcement corridors authorizing four AVIS safety corridors based on speeding, crash data, citizen complaints and a traffic study. 1. Avon Rd. between roundabout 4 and roundabout 5, particularly addressing the pedestrians’ crossings at E. Hurd Ln. and Riverfront Ln. (High pedestrian crosswalk use and history of vehicle-pedestrian collisions) 2. US Highway 6 within Avon Town Limits, between Frontgate and Riveroaks (Fatal collision location and frequent pedestrian crossings) 3. W. Beaver Creek Blvd. 300 Black to 800 Block, adjacent to Harry A. Nottingham Park and near to Avon Elementary/ Westlake Village Apartments (Adjacent to school, park, and dense housing; frequent speed complaints) 4. Nottingham Rd., particularly between 200 and 700 blocks (Heavy vehicle and pedestrian traffic; recurring reports of speeding) These AVI corridors were subsequently approved through the required permitting process with the Colorado Department of Transportation and the Colorado State Patrol. The Town of Avon chose DACRA Tech, LLC part of the Traffic Enforcer Collaboration as its AVIS speed safety camera and software vendor. This is the same vendor that was chosen by the Town of Vail and the City of Glenwood Springs, a vendor with a proven, equitable enforcement model. Page 2 of 4 Automated speed enforcement has also been implemented by the State of Colorado along highways in Northern Colorado, including corridors between Boulder and Longmont and construction zones along Interstate 25. Additional municipalities—including Aurora, Boulder, Denver, Longmont, and Fort Collins— have successfully adopted similar programs. AUTOMATED VEHICLE IDENTIFICATION SYSTEM: The AVIS program was implemented to achieve the following objectives: • Provide consistent and impartial speed enforcement • Reduce demands on officer time for manual traffic enforcement • Enable timely issuance of warnings and citations • Generate data-driven insights to inform future safety improvements • Reinvest revenue into public safety and traffic calming infrastructure LEGAL REQUIREMENTS UNDER C.R.S. 42-4-110.5 • Ordinance Authorization: Completed • Permitted Locations: Schools, parks, residential/construction zones, and designated corridors – Completed • Camera Placement: Based on speed studies, crash data, community input, and Council direction – Completed • Signage: Installed at least 300 feet in advance in accordance with MUTCD standards – Completed • Public Notification: 30-day notice followed by a 30-day warning-only period – Completed • Citation Process: Citations are generated by the camera system, reviewed by artificial intelligence, verified by vendor personnel, and then confirmed by Avon Police Department staff prior to issuance – Completed • Citation Timing: Mailed within 30 days (in-state) or 60 days (out-of-state) – Completed • Penalty Structure: $40 civil penalty; no license points assessed, $28 retained by the Town • $12 allocated to the vendor (installation, maintenance, processing, and administrative services) • State Highway Coordination: Completed with CDOT and CSP • Privacy Protections: Data is confidential, retained only for valid cases, and purged after three years • Annual Reporting: Required disclosure of citation and revenue data UPDATE: • A seven-day traffic study conducted from July 29 to August 4, 2025, identified 162,352 vehicles exceeding posted speed limits (25 MPH or 35 MPH). Of those, 12,210 vehicles exceeded the limit by more than 10 MPH, averaging 1,744 violations per day. • The 30-day warning period began on November 21, 2025. • Citation issuance began on December 21, 2025. Page 3 of 4 • Since implementation, 7,483 citations have been issued, averaging 55 citations per day. Compared to the pre-implementation average of 1,744 daily violations exceeding 10+ MPH, this represents a 96.85% reduction in high-level speeding violations within the enforcement corridors. • Initial challenges were encountered in obtaining accurate mailing addresses from the Colorado DMV, specifically related to PO Box retrieval. In response: • The vendor has refined its DMV query process • Avon PD staff are conducting supplemental manual searches • Ongoing coordination continues to improve data accuracy • In recognition of the program’s effectiveness in reducing violations, Dacra Tech, LLC adjusted its pricing structure as follows (retroactive to program start): • Monthly per camera cost reduced from $2,000 to $500 • Citation processing fee reduced from a global $12 charge to: • $6 per issued citation • Additional $6 only upon payment • Of the 7,483 citations issued, 3,970 have been paid to date. • Total revenue collected online to date is $156,962. • Revenue collected (cash and check) via in-person payments at Town Hall: $49,620 • Invoices from DACRA Tech LLC to date: $41,080 • Prosecutor costs to date - $150. We will not need a prosecutor with newly appointed hearing officer as it is a civil process. • In accordance with state law, net program revenue must be reinvested in public safety or traffic- related improvements. Current allocations include operational expenses for DACRA Tech LLC., funding for hearing officer, funding for one police officer position to include second human verification time, general traffic enforcement, and partial funding (50%) of a Police Commander position for program oversight • A collections process for unpaid citations is currently under evaluation. A key legal question remains whether municipalities are authorized to assess additional collection fees beyond the $40 statutory penalty. The Avon Police Department is coordinating with the Town Attorney’s Office, CDOT, the Town of Vail, and the City of Glenwood Springs to determine appropriate next steps. DACRA Tech LLC statistics as of 05/05/2026 Speed Enforcer Stats Nov 2025 Warning period Dec 2025 Jan 2026 Feb 2026 Mar 2026 April 2026 Total #of citations issued 1,088 1,948 1,672 2,081 694 7,483 Average 55 per day Page 4 of 4 # of citations now paid 640 1,283 1,099 825 123 3,970 Citations now paid- Payment Rate 58.82% 68.86% 65.73% 39.64% (still paying) 17.72% (still paying) Contest/ Appeal Summary Nov 2025 Warning period Dec 2025 Jan 2026 Feb 2026 Mar 2026 April 2026 Total Citation Contests/Appeals requested 0 425 720 697 126 1 1,969 Citation Contests/Appeals found liable 0 6 287 475 0 0 768 Citation Contests/Appeals found not liable 0 1 2 0 1 0 6 Monthly Program Revenue Summary Nov 2025 Warning period Dec 2025 Jan 2026 Feb 2026 Mar 2026 April 2026 Total # Citation payments made this month 0 13 408 855 1,509 1,137 3,922 $ Citations payments collected this month $0 $520 $16,320 $34,152 $60,410 $45,560 $156,962 Thank you, Chief Greg Daly # # # 970-949-1338 jshoun@avon.org TO: Honorable Mayor Underwood and Council members FROM: Mike Jackson, PW Director and Jim Shoun Mobility Manager RE: Avon-Beaver Creek Connector Bus Route DATE: May 1, 2026 SUMMARY: This memo provides Council with an overview of the Avon–Beaver Creek Summer Connector, a direct, fare-free route between Beaver Creek’s Covered Bridge and Avon Station. The service is planned to operate every 20 minutes, daily from 6:30 a.m. to 10:00 p.m., and is designed to align with Beaver Creek’s peak summer transit season and to maximize transfers with CORE Transit’s Valley West Route and Avon’s Red and Blue Lines. The total program cost is $229,710, with 80% ($183,768) funded through the SB-230 Transit Expansion Grant and the 20% local match ($45,942) shared equally by Avon, Beaver Creek, and Core Transit. SERVICE PARAMETERS (Avon-Beaver Creek Connector): The Avon–Beaver Creek Summer Connector will provide a direct, fare-free link between Beaver Creek’s Covered Bridge and Avon Station, an easy walk from any of the lodging options in the Town Core. Service is proposed every 20 minutes, operating daily from 6:30 a.m. to 10:00 p.m. to support employee commute trips, daytime visitor circulation, and evening dining and activity travel. The schedule is designed to maximize convenient transfers to/from the CORE Transit Valley West Route and Avon’s Red and Blue Lines, extending the reach of the fare-free network and improving access to Beaver Creek amenities and employment for Avon and down-valley residents. The dates coincide with Beaver Creek Village Transportation's peak summer- season transit schedule. Rationale and Expected Demand: Avon and Beaver Creek have substantial summer visitor demand, are major employment centers, and host a growing calendar of seasonal events. In winter, frequent fare-free connections—Core Transit’s Vail–Beaver Creek Express and Avon’s Skier and Restaurant Shuttles— provide convenient mobility and strong demand; during the 2024–2025 season, Avon’s Skier and Restaurant Shuttles carried more than 167,000 passengers. As summer visitation and programming expand, the lack of a comparable connection creates a mobility gap. A summer Avon–Beaver Creek Connector will: • Provide direct transit service between Avon and Beaver Creek • Allow convenient transfers from the Core Transit Valley East Route to Beaver Creek for employees and locals • Enhance access for guests in either Avon or Beaver Creek to a full summer schedule of activities at Harry A. Nottingham Park and Beaver Creek Village and access to a wide variety of restaurants. • Expand transit access and convenience for employees in Avon and Beaver Creek village. • Leverage a proven route pattern with a simple, legible schedule (fare-free, 20-minute frequency, and a long daily span) that is easy for visitors and employees to understand and use. • Help alleviate the traffic congestion and parking constraints in both Avon and Beaver Creek Village. Ridership may not match ski-season levels; however, we expect steady summer demand—especially on weekends and in the evenings—given the volume of activities and events in both communities. This service will provide a practical, car-free option for visitors and residents traveling between Avon and Beaver Page 2 of 3 Creek. Avon will track ridership by time of day, day of week, and peak-event surges and will adjust the schedule and service after year one as needed. Funding and Financial Summary: SB-230: Colorado Senate Bill 24-230 established a production fee on all oil and gas produced in Colorado. The fees are adjusted quarterly based on market prices and are used to fund clean transit, local public transportation, passenger rail and environmental remediation. Avon applied for and was awarded the SB-230 Transit Expansion Grant. This grant provides an opportunity to expand fare-free transit service in the Town of Avon, funding 80% of the Avon- Beaver Creek connector. Avon, Beaver Creek and Core Transit will share costs of the remaining 20% local match. The grant funding is expected to recur yearly. Item Detail CTE(SB-230) grant award (80%) $183,768 Required local match (20%) $45,942 Total program cost $229,710 1/3 local match (per organization) $15,314 Thank you, Mike and Jim ATTACHMENT A: Map and Schedule of Proposed Route Page 3 of 3 ATTACHMENT A: ROUTE MAP AND SCHEDULE