TC Packet 08-11-2026_____________________________________________________________________________________
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, August 11, 2026
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or
virtually through Zoom, Zoom registration is on the header at Avon.org
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. CONSENT AGENDA
5.1. Approval of July 28, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
6. BUSINESS ITEMS
6.1. PRESENTATION: Salvation Army Programs & Services Update (Service Extension Director
Monica Villalobos)
6.2. PRESENTATION: Regional Housing Authority Community Survey Results (Town Manager Eric
Heil)
6.3. ORDINANCE 26-01, First Reading Repealing Section 3.40.100, 'Impact Fee Schedule,' of
the Avon Municipal Code" (Chief Finance Officer Paul Redmond)
6.4. PUBLIC HEARING: ORDINANCE 26-06: Second Reading Construction Noise Regulations
(Community Development Director Matt Pielsticker)
6.5. ORDINANCE 26-11, First Reading Approving Amendments to Avon Municipal Code Title 15
Building and Construction (Planner II Claire Perez and Community Development Director Matt
Pielsticker)
6.6. ACTION: Notice of Award for Avondale Apartments Design Contract (Community Development
Director Matt Pielsticker)
7. WRITTEN REPORTS
7.1. Salute to the USA Post Event Recap (Senior Special Events Coordinator Chelsea Van Winkle)
7.2. Village at Avon Landscaping Regulations (Community Development Director Matt Pielsticker)
7.3. July 23 Upper Eagle Regional Water Authority Summary (Mayor Underwood)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. EXECUTIVE SESSION
9.1. For the purpose of receiving legal advice from the Avon Town Attorney on specific legal
questions pursuant to CRS 24-6-402(4)(b) concerning Private Parking Lot Regulatory Authority
(Town Attorney Nina Williams)
9.2. For the purpose of purchase and acquisition of real estate pursuant to CRS 24-6-402(4)(a) and
for the purpose of determining negotiating positions, developing strategy for negotiations, and
instructing negotiators pursuant to CRS 24-6-402(4)(e)(i) concerning a potential acquisition of a
_____________________________________________________________________________________
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.
portion of State Land Board property for Community Housing (Town Manager Eric Heil)
10. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall
permit public comments during any agenda item and may limit public comment to three minutes per individual,
which limitation may be waived or increased by a majority of the quorum present. The timer for public
comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public
Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution
No. 24-17.
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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 July 28, 2026, of the Avon Town Council to order at
5:00 p.m. Councilors present were Chico Thuon, Ruth Stanley, Gary Brooks, Kevin Hyatt, Mayor Pro Tem
Richard Carroll, and Mayor Tamra N. Underwood. Councilor Lindsay Hardy was absent. 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, Chief Financial Officer Paul
Redmond, Financial Analyst Chase Simmons, Public Works Director Mike Jackson, Community
Development Director Matt Pielsticker, Senior Planner Jena Skinner, Housing Planner Patti Liermann, Rec
Director Michael Labagh, Engineering Director Eva Wilson, IT Administrator Carlos Molina, and Police Chief
Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:50
Mayor Underwood opened consideration of the agenda. At the request of Councilor Stanley, Consent
Agenda Item 5.10, Notice of Award for Heat Recovery System Expansion Design to Lot B (The Summit),
was removed from the Consent Agenda and added as Business Item 6.6. Councilor Stanley moved to
approve the agenda as amended. Councilor Brooks seconded the motion. The motion passed
unanimously, 6-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:00
Mayor Underwood inquired whether any Council member had a conflict of interest concerning any agenda
item. None were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:15
Mayor Underwood explained the public comment process, including the available methods for providing
comment and the time limits for speakers.
Tim McMahon, an Avon resident, addressed Council in person. Mr. McMahon stated that he brought
relevant experience to the discussion and encouraged participants to maintain respectful and courteous
public discourse during Council's discussion of the Flock camera system.
Jack McBride, an Avon resident, addressed Council in person. Mr. McBride discussed his experience as a
Buck Creek Condominiums property owner and longtime Avon resident. He stated that short-term rental
restrictions adopted by the Town have negatively affected the value and marketability of certain properties,
creating disparities between properties subject to the restrictions and those eligible for unrestricted short-
term rental licenses. He also expressed concern regarding the approval of additional residential
developments with unrestricted short-term rental eligibility.
Alberto Almodovar, an Avon resident, addressed Council in person. Mr. Almodovar expressed support for
continued funding of the Good Deeds Program, stating that it enabled him to achieve homeownership after
living in the valley for ten years. He stated that the program helps local workers remain in the community
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and noted that he shares his home with three roommates who also work locally. Mr. Almodovar expressed
support for the program’s deed restriction requirement as a means of preserving housing opportunities for
locals.
Stephanie McBride, an Avon resident, addressed Council in person. Ms. McBride, a resident of the Buck
Creek Condominiums, inquired how special assessments would be addressed for deed-restricted
properties and requested a written response.
Jennifer Lance, an Avon resident, addressed Council in person. Ms. Lance expressed appreciation for the
Town's efforts to clear a clogged culvert and requested continued monitoring and maintenance of culverts
to help prevent future blockages.
No additional public comment was received at that time, either in person or virtually.
5. CONSENT AGENDA
Video Start Time: 00:13:30
Mayor Underwood introduced the Consent Agenda, which included:
5.1. ACTION: Approval of June 23, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. RESOLUTION 26-07: Adopting a Fast Track Priority Scheduling Policy for Community Housing
Projects (Town Manager Eric Heil)
5.3. RESOLUTION 26-08: Approving Intergovernmental Agreement between the Town of Avon,
Colorado and the Avon Urban Renewal Authority, concerning the Remittance of Tax Increment
Revenue Until 2033 (Chief Finance Officer Paul Redmond)
5.4. RESOLUTION 26-09: Approving Intergovernmental Agreement Between the Town of Avon,
Colorado and the Avon Downtown Development Authority, Concerning the Remittance of Tax
Increment Revenues until 2054 (Chief Finance Officer Paul Redmond)
5.5. RESOLUTION 26-10: Approving an Amendment of Section 12.01 of the Eagle Valley Transportation
Authority Intergovernmental Agreement (Town Manager Eric Heil)
5.6. Appointing Avon’s Designated Election Official and Authorizing the Execution of the
Intergovernmental Agreement (IGA) related to the 2026 Coordinated Mail-Ballot Election (Town
Clerk Miguel Jauregui Casanueva)
5.7. Notice of Award for the West Beaver Creek Blvd Bridge Rehab Project Construction (Project
Engineer Swaz Fraser)
5.8. Notice of Award for Rec Center Aquatic Renovation Design Work (Director of Engineering Eva
Wilson)
5.9. Notice of Award for Lettuce Patch Early Learning Center Bus Stop (Senior Engineer Keith Ferrell)
5.10. Notice of Award for Heat Recovery System Expansion Design to Lot B (The Summit) (Director of
Engineering Eva Wilson)
Councilor Thuon moved to approve the Consent Agenda as amended, removing Item 5.10, Notice of Award
for Heat Recovery System Expansion Design to Lot B (The Summit), and adding it as Business Item 6.6.
Councilor Brooks seconded the motion. The motion passed unanimously, 6-0.
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6. BUSINESS ITEMS
6.1. PRESENTATION: Discussion of Flock Cameras (Chief of Police Greg Daly)
Video Start Time: 00:13:55
Town Manager Eric Heil and Police Chief Greg Daly presented an overview of the Town’s public
safety camera systems, including automated license plate readers, body cameras, patrol vehicle
cameras, speed enforcement cameras, and security cameras. The presentation addressed the
history and implementation of the various camera programs, operational policies, privacy
considerations, legal and legislative developments, the Town’s contract with Flock Safety, and audit
and oversight practices. Council discussed the presentation and asked questions.
Mayor Underwood opened the floor for public comment.
Maria DeSimone, an Avon resident, addressed Council in person. Ms. De Simone stated that she
was speaking on behalf of 466 individuals who had signed a petition requesting removal of the
Town’s automated license plate reader system. She expressed concerns regarding privacy, the
collection and retention of data on law-abiding individuals, and the potential for future misuse of
surveillance technology. Ms. De Simone stated her belief that automated license plate readers do
not improve traffic safety and questioned their effectiveness in enhancing public safety. She
requested that the Town remove the cameras and stated that additional residents would continue to
advocate for their removal. She also expressed concern regarding public trust in government and
the use of legal disclosures related to the program.
Nicholas Shirley, an Avon resident, addressed Council in person. Mr. Shirley expressed concerns
regarding the Town's use of automated license plate reader technology, including privacy
implications, data collection and retention practices, and the potential for misuse of information by
individuals or agencies. He referenced reports and commentary regarding the use of similar systems
in other jurisdictions and raised concerns about the possible future expansion of surveillance
capabilities. Mr. Shirley asked Council to consider the experiences of other communities and to
evaluate whether the use of automated license plate readers is appropriate for Avon.
Logan Daniels, an Edwards resident, addressed Council in person. Mr. Daniels expressed concerns
regarding the Town's use of Flock automated license plate reader technology, citing reports of
misuse in other jurisdictions and concerns related to privacy, data collection, and potential access to
information by governmental agencies. He stated his belief that the technology has the potential to
be misused and questioned whether its public safety benefits outweigh the associated privacy
concerns. Mr. Daniels urged Council to discontinue use of the camera system and emphasized the
importance of protecting individual rights and liberties.
Daniel Newhouse, an Avon resident, addressed Council in person. Mr. Newhouse expressed
opposition to the Town’s use of Flock automated license plate reader technology, stating that he
viewed the system as an invasion of privacy.
Tim McMahon, an Avon resident, addressed Council in person. Mr. McMahon stated that he had
previously received death threats and that information obtained through the Flock camera system
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had assisted law enforcement in investigating the matter. While expressing confidence that the Avon
Police Department would use the system responsibly, he nevertheless stated his opposition to the
continued use of the technology.
Bryan Urban, an EagleVail resident, addressed Council virtually. Mr. Urban asked questions
regarding the collection of data by the camera system and inquired about safeguards to prevent
tracking or tracing beyond the capture of license plate information.
Mayor Underwood asked Chief Daly to respond to a question regarding signal-tracing capabilities.
Chief Daly stated that the Town's system does not include such functionality. He explained that other
technologies may be capable of collecting Bluetooth-related data when additional infrastructure is
installed, but that Avon has not implemented such infrastructure.
Councilor Stanley thanked those who provided public comment. She expressed disappointment that
concerns regarding the camera system had become a significant public controversy only after
cameras were vandalized, noting that the program had been considered at multiple public meetings
before its approval. Councilor Stanley stated that she did not support vandalism as a means of
expressing disagreement and encouraged residents to continue participating in the public process.
She thanked the speakers for sharing their perspectives.
Councilor Thuon stated that the Town's camera program was implemented to address identified
public safety concerns, including speeding and traffic safety. He noted reported reductions in
speeding and stated his belief that the technology can assist law enforcement and enhance
community safety when used appropriately. Councilor Thuon acknowledged concerns regarding
potential misuse of the technology, emphasized the importance of safeguards and public discussion,
and stated that vandalism was not an appropriate means of expressing disagreement.
Mayor Pro Tem Carroll thanked residents for submitting emails and providing public comment,
regardless of their position on the issue. He expressed appreciation for the work of the Avon Police
Department and noted that the public comments would be considered by Council.
Mayor Underwood stated that Council would consider the public comments received and determine
appropriate next steps.
Councilor Brooks asked Chief Daly to clarify the distinction between the Town's speed enforcement
cameras and Flock automated license plate reader cameras. Chief Daly explained the different
purposes and uses of the systems and referenced information contained in his memorandum.
6.2. PRESENTATION: Council Candidate Petitions and General Election Updates (Town Clerk Miguel
Jauregui Casanueva)
Video Start Time: 00:58:26
Town Clerk Miguel Jauregui Casanueva presented an overview of the November 3, 2026
Coordinated Election. The presentation included information regarding election administration by the
Eagle County Clerk and Recorder, candidate nomination procedures and eligibility requirements,
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campaign finance reporting deadlines, key election dates, voter service and polling center locations,
voter registration opportunities, and ballot drop-off procedures. Council discussed the presentation
and asked questions. Mr. Jauregui Casanueva responded to a question from Mayor Pro Tem Carroll
regarding the number of signatures required for nomination petitions. Mayor Underwood opened the
floor for public comment. No public comment was received in person or virtually.
At 6:14 p.m., Mayor Underwood recessed the Regular Meeting, with unanimous Council consent, for
the Avon Town Council to convene as the Avon Urban Renewal Authority Board.
At 6:22 p.m., Mayor Underwood adjourned the Avon Urban Renewal Authority Board meeting and
reconvened the Regular Meeting of the Avon Town Council.
6.3. ACTION: Funding Request for Hidden Valley Estates (Community Development Director Matt
Pielsticker)
Video Start Time: 01:22:50
Community Development Director Matt Pielsticker presented a request to amend the Development
Agreement for the Hidden Valley Estates community housing project, a 53-unit deed-restricted
duplex and townhome development on Metcalf Road. The presentation included an overview of the
project, development timeline, proposed amendments to the Development Agreement, available
housing program funding sources, and options for Council consideration. Mr. Pielsticker explained
that the proposed amendment would extend the Town’s funding commitment through December 31,
2027, modify certain project obligations, and clarify down-payment assistance provisions. Staff
presented funding options ranging from $600,000 to $900,000 and recommended appropriating
$600,000 from the Municipal Employee Home Ownership Program due to the stage of construction
and the need to provide certainty to prospective buyers.
Council discussed the proposal and asked questions. Councilor Thuon inquired about the remaining
balance available in the Mi Casa program following the proposed appropriation.
At Mayor Underwood's invitation, representatives of the development team addressed Council.
Architect Bobby Ladd presented images showing the current status of project construction.
Steve McDonald highlighted the limited availability of for-sale community housing developments in
Eagle County, noting that many recent projects have consisted of apartment units. He stated that
Hidden Valley Estates would provide a unique ownership opportunity through deed-restricted
townhomes and duplexes, including units with attached garages.
Town Manager Eric Heil expressed support for the project and highlighted the Town's success in
leveraging public-private partnerships to increase workforce housing opportunities. He noted that the
demand for housing assistance continues to exceed available funding resources.
Councilor Brooks requested a recap of the Town's previously approved participation in the project,
including fee waivers and housing assistance contributions. Town Manager Heil explained that the
Town's contribution includes down-payment assistance through the Mi Casa program, which helps
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reduce the amount prospective purchasers must provide at closing.
Councilor Stanley asked questions regarding the Municipal Employee Home Ownership Program
(MEHOP).
Town Manager Heil stated that the Mi Casa/Good Deeds housing assistance programs had sufficient
funding to support several pending transactions and a limited number of additional transactions
through the end of August.
Mayor Underwood asked questions regarding project approvals and references contained in the staff
memorandum, including setback modifications and estimates related to water rights requirements.
Town Manager Heil provided clarification.
Mayor Pro Tem Carroll asked about the increase in the requested funding amount from $600,000 to
$900,000 and was advised that the revised request reflected the delivery of nine units. He also
inquired about the project's energy efficiency features and the proposed deed restriction
requirements. Town Attorney Nina Williams explained that the units would be subject to the Town's
resident-occupied deed restriction, requiring occupancy as a primary residence and establishing
eligibility requirements for resident and employer purchasers.
Mayor Underwood opened the floor for public comment. Alberto Almodovar, an Avon resident,
addressed Council in person. Mr. Almodovar stated that he was one of the prospective purchasers
currently under contract for a unit in the development. He expressed concern that delays in funding
assistance could affect his ability to close on the home and stated his support for allocating funds to
existing housing assistance programs. He suggested that any additional funding needs could be
addressed during the upcoming budget process. No additional public comment was received in
person or virtually.
Mayor Underwood noted that Council had received substantial written public comment in support of
both the Hidden Valley Estates project and the Town's housing assistance programs prior to the
meeting.
Council expressed support for appropriating $600,000 for the project and for resuming assistance
through the Mi Casa and Good Deeds programs.
Councilor Brooks expressed support for the proposed $600,000 funding allocation and congratulated
the developer on the project. He requested that Council receive a future comprehensive overview of
the Town's housing assistance programs, including Mi Casa, Good Deeds, and other down-payment
assistance initiatives.
Council members expressed support for the proposed $600,000 funding allocation. Councilor
Stanley stated that she supported the appropriation from the Municipal Employee Home Ownership
Program and described Hidden Valley Estates as a valuable community housing project. Mayor Pro
Tem Carroll stated that the Town should honor its prior commitment to the development while also
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evaluating future housing program funding comprehensively. Councilor Thuon and Councilor Brooks
expressed support for the $600,000 funding option, noting the importance of expanding community
housing opportunities and the value of ownership-oriented housing products.
Mayor Underwood expressed support for the $600,000 funding option but raised questions regarding
proposed amendments to the Development Agreement. She requested clarification regarding
language describing future funding commitments and suggested revisions to reflect that any
additional funding beyond 2026 would remain subject to future Council consideration. She also
requested clarification regarding provisions related to water rights requirements. Staff responded to
Council's questions and discussed possible revisions to the agreement language.
Following discussion, Mayor Underwood moved to approve the First Amendment to the Development
Agreement for Hidden Valley Estates, providing $600,000 in funding, requiring completion of the first
six units by year-end, and recognizing the Town's contribution of 47.6 single-family equivalents
(SFEs) of water to the project. Councilor Thuon seconded the motion. The motion passed
unanimously, 6-0.
6.4. PUBLIC HEARING: ORDINANCE 26-09, Second Reading Code Text Amendment for Real
Estate Transfer Tax (RETT) Exemptions (Financial Analyst Chase Simmons)
Video Start Time: 02:22:10
Financial Analyst Chase Simmons presented the second and final reading of Ordinance 26-09,
amending the application and appeal process for Real Estate Transfer Tax (RETT) exemptions.
Mr. Simmons explained that the proposed ordinance would extend the filing deadline for primary
residence exemption applications from four months to twelve months following a property
transfer and eliminate the provision allowing late filings for good cause. He noted that Council
has previously approved multiple applications filed after the four-month deadline and stated
that the amendment would streamline the process and reduce administrative burdens for
applicants, staff, and Council. Mr. Simmons reviewed the history of the Town's primary
residence RETT exemption program and noted that the proposed amendment would have no
financial impact. Council discussed the ordinance and asked questions. Mayor Underwood
opened the public hearing. No public comment was received.
Following discussion, Councilor Hyatt moved to approve second reading of Ordinance 26-09,
a Code Text Amendment for Real Estate Transfer Tax (RETT) Exemptions. Councilor Stanley
seconded the motion. The motion passed unanimously, 6-0.
6.5. ORDINANCE 26-06: First Reading Construction Noise Regulations (Community Development
Director Matt Pielsticker)
Video Start Time: 02:24:50
Community Development Director Matt Pielsticker presented the continued first reading of Ordinance
26-06 regarding construction noise regulations. Mr. Pielsticker explained that the ordinance would
establish measurable noise limits for construction activity, regulate driven pile operations, and align
the Town's regulations with state law. He reviewed proposed construction hours, noise limits,
requirements for driven pile noise suppression plans, and enforcement provisions. Staff
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recommended approval of the ordinance on first reading and scheduling a public hearing and second
reading for August 11, 2026.
Council discussed the ordinance and asked questions regarding driven pile operations, noise
mitigation measures, allowable construction hours, and notice posting requirements. Derek Place
joined Mr. Pielsticker at the podium to provide additional information regarding driven pile operations.
Town Attorney Nina Williams clarified proposed revisions to Section 8.44.171 and related notice
requirements.
Mayor Underwood opened the floor to public comment. No public comment was received in person
or virtually.
During deliberation, Mayor Underwood proposed an amendment to Section 8.44.030(c) to limit
driven pile activity and related equipment operation to Monday through Friday between 9:00 a.m.
and 5:00 p.m.
Following discussion, Councilor Brooks moved to approve the first reading of Ordinance 26-06,
Construction Noise Regulations, as amended. Councilor Stanley seconded the motion, which passed
unanimously, 6–0.
6.6. (Formerly Consent Agenda Item 5.10) Notice of Award for Heat Recovery System Expansion
Design to Lot B (The Summit) (Director of Engineering Eva Wilson)
Video Start Time: 02:40:40
At the request of Councilor Stanley, Consent Agenda Item 5.10 was removed from the Consent
Agenda and added as Business Item 5.1. Engineering Director Eva Wilson took the podium to
respond to Council questions regarding the Notice of Award for the Heat Recovery System
Expansion Design to Lot B (The Summit). Council discussed the proposed design work and funding
responsibilities. Councilor Stanley inquired why the Town would fund the design phase and whether
those costs would be reimbursed. Town Manager Eric Heil explained that the heat recovery system
is a Town-owned utility, and that the design work is necessary to evaluate service expansion options,
including Lot B and other areas. Mr. Heil further explained that developers would be responsible for
costs associated with extending service to their properties and that the Town is continuing to develop
a utility fee structure for the heat recovery system.
Following discussion, Councilor Brooks moved to approve the Notice of Award for the Heat Recovery
System Expansion Design to Lot B (The Summit). Councilor Stanley seconded the motion, which
passed unanimously, 6–0.
7. WRITTEN REPORTS
7.1. June 22 Planning & Zoning Commission Minutes (Development Coordinator Emily Block)
7.2. June 25 Upper Eagle Regional Water Authority Summary (Mayor Underwood)
7.3. June 29 Draft DDA Board Meeting Minutes (Financial Analyst Chase Simmons)
7.4. July 13 Planning & Zoning Commission Minutes (Development Coordinator Emily Block)
7.5. Grants Update (Deputy Town Manager Patty McKenny)
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7.6. Q2 Updates 2026 Department Goals (Town Manager Eric Heil)
7.7. Q2 Community Housing Report (Housing Planner Patti Lierman)
7.8. Monthly Financial Report (Senior Accountant Dean Stockdale)
7.9. Signed Letters of Support Summary (Chief Administrative Officer Ineke de Jong)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:45:40
Mayor Underwood congratulated Councilor Hardy on the birth of her newborn. She later requested that
Patty Liermann review Ms. McBride's public comment and coordinate follow-up through Community
Development Director Matt Pielsticker.
Councilor Stanley reminded the public of AvonLive! on July 29, 2026, featuring The Rumble, and
SunsetLive! on August 2, 2026, featuring Kory Montgomery.
Mayor Underwood reminded the public of Dancing in the Park, scheduled for August 6, 2026, at 5:30 p.m.
Councilor Brooks reported that a recent water usage memorandum showed a 24% reduction in overall
water consumption and a 44% reduction in exterior water use based on a three-year rolling average. He
noted that the report included data by neighborhood and commended the community's conservation efforts.
Councilor Brooks also discussed ongoing efforts to protect local fisheries, encouraging the public to respect
restrictions intended to keep people out of sensitive river areas and protect fish habitat.
Councilor Brooks reported on the July 16, 2026, Northwest Colorado Council of Governments (NWCCOG)
Quality/Quantity (QQ) Committee meeting, noting that NWCCOG is updating the Region 208 Water Quality
Management Plan. He encouraged staff to consider future updates to the Town's planning documents as
appropriate. He further noted that NWCCOG has produced several reports analyzing resort communities
and requested that Jon Stavney be invited to present the findings to Council. Councilor Brooks also
reported on his upcoming attendance at the NWCCOG Retreat scheduled for August 5–6, 2026.
9. EXECUTIVE SESSION
Video Start Time: 02:51:05
Mayor Underwood requested a motion to enter Executive Session. Councilor Stanley moved to enter
Executive Session for the purpose of receiving legal advice from the Town Attorney pursuant to C.R.S. §
24-6-402(4)(b) regarding specific legal questions concerning private parking lot regulatory authority.
Councilor Brooks seconded the motion. The motion passed unanimously, 6-0. Mayor Underwood recessed
the Regular Meeting at 7:52 p.m. The Executive Session commenced at 8:00 p.m. All Council members
were present as indicated above. Also present were Town Manager Eric Heil, Deputy Town Manager Patty
McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina Williams, and Community
Development Director Matt Pielsticker. The recording of the Executive Session was discontinued at 8:02
p.m. to receive legal advice from the Town Attorney. The Executive Session adjourned at 8:45 p.m., and
Council reconvened in open session. Mayor Underwood stated that no action was taken during Executive
Session and resumed the Regular Meeting for the purpose of adjournment.
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10. ADJOURN
There being no further business before Council, Mayor Underwood adjourned the Regular Meeting
at 8:45 p.m.
These minutes are a summary of the proceedings of the meeting and are not intended to be comprehensive or to include each
statement, identify each speaker, or reflect the proceedings with complete accuracy. The most accurate record of the meeting is
the audio recording maintained in the Town Clerk’s Office and the video recording available for a limited time at High Five Media
at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Underwood ___________________________________
Vail Extension Center
Location: 40780 U.S. HWY 6, Avon, CO, 81620
Ph: (970) 748-0704
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William and Catherine Booth.
•We are established in 134 countries.
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•Etc.
•Etc.
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Garden & GreenhouseFood Pantry
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•Available to anyone who is going through
financial hardship.
•Monday thru Thursday, 10:00 AM to 4:00 PM.
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once a week.
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•Rent assistance for 1 month.
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and long distance (Greyhound).
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meet human needs in His name without discrimination.
970.748.4004 eric@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager
RE: Regional Housing Solutions Community Survey
DATE: August 5, 2026
SUMMARY: This report presents to Council the Regional Housing Solutions Community Survey results.
This survey was open from March 4, 2026 through July 1, 2026. Marketing and outreach included Vail
Daily ads, social media and requests for partners, community organizations and owners’ associations to
forward this survey to their email lists.
SURVEY RESULTS TAKE-AWAYS: The presentation of the results is fairly self-evident. There is
consensus that the lack of affordable workforce housing is an issue and recognition that dedicated funding
and land is a high priority, but limited support for any tax question, and there are general concerns about
bureaucracy and congestion from new development.
There are several neighborhoods that support the formation of a Regional Housing Authority in Avon,
Eagle, Eagle-Vail, Minturn, Red Cliff and Gypsum with more than 50% of respondents indicating they are
“somewhat supportive” or “very supportive”. Less than 50% of respondents were supportive of formation of
a Regional Housing Authority in Arrowhead, Bachelor Gulch, Beaver Creek, Edwards, and Vail.
Support for funding is weaker with only Eagle-Vail having more than 50% of respondents indicating they
are “somewhat supportive” or “very supportive.”
NEXT STEPS: Council previously discussed current local, national and international conditions and
determined that current conditions were not favorable for consideration of a tax ballot question for
Community Housing. Approximately 50% of the Regional Housing Solutions project budget remains. Next
steps and areas for focus include:
•Continued outreach, especially to non-government groups, to discuss details and concerns raised on
slides 14, 15 and 16.
•Potential educational community meetings in partnership with Habitat for Humanity focused on
understanding housing strategies and tactics and required financial resources.
•Increase outreach and engagement with Spanish speaking community
•Further definition of potential projects and programs that could happen if additional revenues were
available.
•Potential financial analysis to determine how much different groups would pay for different taxes (i.e.
Local Residents v. Visitors v. Part-Time Home Owners v. Commercial Property
Owners/Tenants/Employers).
REQUESTED DIRECTION: No direction is requested at this time.
Thank you, Eric
ATTACHMENT A: Regional Housing Solutions 2026 Community Survey Results
Regional Housing Survey
JULY 8 , 2026
ATTACHMENT A
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
•Conducted March 4 to July 1
•Survey shared via Vail Daily ads,
emails, social media and partner
organizations
•879 responses
•15 responses in Spanish
Survey Methodology
Geographic Dispersion of Respondents
Survey %Voter %
Avon 14.81%10.85%
Eagle (Town of)17.31%17.12%
Gypsum 9.23%17.01%
Minturn 1.94%2.44%
Red Cliff 1.14%0.60%
Vail 6.72%12.80%
Unincorporated areas:
Arrowhead 9.79%1.18%
Bachelor Gulch 6.38%0.60%
Beaver Creek 12.76%0.87%
Bond/McCoy 0.23%0.39%
Cordillera 0.34%1.24%
Dotsero 0.34%1.18%
Eagle-Vail 4.21%7.57%
Edwards 13.33%13.72%
Wolcott 0.23%0.76%
I don’t reside in Eagle County 1.25%
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
High level of concern about housing
How concerned are you about the availability of affordable housing in Eagle County?
All Responses:Spanish Responses:
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Difficulty finding/keeping housing
Have you or someone you know experienced difficulty finding or keeping housing in Eagle County?
All Responses:Spanish Responses:
EAGLE RIVER HOUSING
SOLUTIONS | REGIONAL
HOUSING SURVEY
July 8, 2026
Types
of
housing
What types of
housing do
you think are
most needed
in the Eagle
River Valley?
All Responses:
Spanish Responses:
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
RHA familiarity
How familiar are you with efforts to create a regional housing authority (RHA) in Eagle County?
All Responses:Spanish Responses:
EAGLE RIVER HOUSING
SOLUTIONS | REGIONAL
HOUSING SURVEY
July 8, 2026
Focus
for
RHA
Which of the
following
should a
regional
housing
authority
improve?
All Responses:
Spanish Responses:
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Support for RHA formation
How supportive are you of the potential formation of a regional housing authority?
All Responses:Spanish Responses:
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Support for RHA formation by community
% of Responses 9.34% 15.32% 4.36% 13.33% 0.25% 0.37% 0.37% 17.93% 4.23% 13.57% 9.71% 2.12% 1.25% 6.23% 0.25%
N= 76 124 35 108 2 3 3 145 34 110 79 17 10 50 2
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Support for RHA funding
How supportive are you in considering a regional tax to increase funding for additional Community Housing programs and projects?
All Responses:Spanish Responses:
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Support for RHA funding by community
% of Responses 9.34% 15.32% 4.36% 13.33% 0.25% 0.37% 0.37% 17.93% 4.23% 13.57% 9.71% 2.12% 1.25% 6.23% 0.25%
N= 76 124 35 108 2 3 3 145 34 110 79 17 10 50 2
Open Text Analysis
NOTE: The following pages are compiled by using a
variety of prompts via claude.ai to analyze the 874 open
text responses in the survey
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
What the valley told us
Where the responses came from
150
129
117
112
85
80
59
56
37
17
Eagle
Avon
Edwards
Beaver Creek
Arrowhead
Gypsum
Vail
Bachelor Gulch
Eagle-Vail
Minturn
How residents feel
50%lean supportive of forming a
Regional Housing Authority — vs.
18% opposed and 32% neutral or
wanting more information.
40%might support a regional housing
tax — but the largest bloc backs it
only “depending on the proposal.”
44%oppose a new tax outright — the
single most contested question in
the survey.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Open Text Themes: Why Community Housing Matters?
624 answered
1 Keeping the workforce here
Teachers, nurses, police, firefighters and resort & service staff
can't afford to stay — losing them threatens every local
service.
2 Wages can't keep up with rents
The gap between local pay and housing cost (e.g. a $22/hr
wage against $2,200 rent) is pricing out full-time workers.
3 The resort economy depends on it
Tourism and local business can't function without workers
living nearby; staffing, hours and service all suffer.
4 A real community needs a mix
Vibrancy requires a range of incomes and ages — not a valley
of only the wealthy and empty second homes.
5 Families & the next generation
Kids raised here can't afford to return; young families and
multi-generational roots are being lost.
6 Empty homes distort the market
Vacant second homes and outside money drive prices up and
hollow out neighborhoods — the "ghost town" fear.
7 Ownership, not just rent
Locals want for-sale options that build equity (the Miller
Ranch model); deed-restricted units help entry but cap
wealth.
8 Long, unsafe commutes
Priced-out workers are pushed down-valley or out of county,
facing hour-long winter drives to work.
9 Stability, security & dignity
Housing security lets people put down roots, plan a life and
stay well — a recurring emotional thread.
10 The market-first view
A vocal minority (5%) say government should stay out. Many say
employers should house workers, and subsidies mask low wages.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Open Text Themes: What Is Needed?492 answered
1 Dedicated funding & land
A reliable long-term funding source plus public or low-cost
land (land banking) to make projects pencil out.
2 For -sale homes, not just apartments
More ownership and first-time-buyer options — "another
Miller Ranch" of real homes locals can actually buy.
3 Alignment of rents & local wages
Long-term rentals should be priced to front-line incomes
(~30% of pay), not to the open resort market.
4 Build for locals, not luxury
Stop the flood of luxury and market-rate units; require
affordable housing to match new high-end development.
5 Rein in second homes & STRs
Vacancy taxes and short-term-rental limits to curb investor
buying and free up existing housing.
6 Cut the red tape
Streamline permitting, reform zoning and density, and relax
costly codes to bring build costs down.
7 Employers must step up
Vail Resorts and large employers should build or fund worker
housing; more public-private partnerships.
8 A full housing ladder
Variety across the life cycle: ADUs, tiny homes, family-sized
units, senior housing and move-up options.
9 Regional coordination & will
One aligned authority / "one-stop shop," political courage,
and the CORE transit model as a template.
10 Trus t the market
Reform deed-restriction traps; with less government and
lower taxes.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Open Text Themes: Concerns About Creating More Community Housing?
453 answered
1 Tax fatigue
Residents feel already overtaxed — property taxes up 40–
50% — and say a hard 'no' to new mill levies, especially
seniors.
2 Who pays?
The burden should fall on second homes, STRs, vacant luxury
and employers — not on local working residents.
3 Bureaucracy & distrust
Fear a new authority is just "another layer" that wastes
money; skepticism of the county's track record.
4 'Affordable' isn't affordable
Past projects still priced out locals; residents demand a
realistic definition tied to actual wages.
5 Infrastructure can't keep up
Roads, traffic, schools and emergency services are already
strained by growth.
6 Water & environment
Limited water supply, wildlife corridors and open space are
threatened by more building.
7 Overdevelopment & character
Too many stacked apartments; residents fear losing the
valley's feel — and creating future "slums."
8 Wealth leaving the valley
Out-of-state and corporate landlords extract rent;
apartments are built instead of real homes.
9 Fairness & oversight
Worry about who qualifies, gaming the system, and a lack of
accountability or eligibility enforcement.
10 Address the challenge & concerns
2025 County Survey 80%+ housing as the top issue. 50% of
respondents here might support an RHA.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Support for a Regional Housing Authority
873 rated
50% Lean YES
Very + Somewhat supportive · 18% opposed · 32% undecided
Why supporters back it
Towns can't solve this in silos — a regional body
brings scale, coordination and dedicated focus.
The large undecided middle
~32% are neutral or want more detail on scope,
governance and cost before committing.
Why skeptics resistFear of "another layer of bureaucracy" and distrust
of past county spending; fix existing agencies first.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Support for a Regional Housing Tax
873 rated
14%
26%
11%5%
14%
30%
A split vote
40% supportive (mostly conditional) · 44% opposed
Conditional support is the swing
The biggest single bloc 26% backs a tax "depending
on the proposal" — yes IF it targets second homes
and STRs, NOT locals.
Broad, vocal opposition
~44% resist: already overtaxed, property taxes up
sharply, fixed-income seniors, and distrust of blank-
check spending.
The path to the middle
Only ~14% are strongly supportive — a targeted,
accountable, plan could win the swing voters.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Vail 59
responses · rank #7 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 46%32%22%
Regional Housing Tax 41%22%37%
What Vail is saying
•The most open of any community to a conditional tax; supports taxing vacant / second homes and
reforming land-use policy.
•Frames housing as essential infrastructure and is alarmed by up-valley loss of community to second
homes and Airbnbs.
•Vail is cited — by its own residents and others — as a model for building community housing.
•A few skeptics push back ("not a blue-collar town," "a solution looking for a problem").
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Minturn 17
responses · rank #10 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 53%29%18%
Regional Housing Tax 47%18%35%
What Minturn is saying
•Longtime locals asking for "a starting point" — first -time-buyer help and family-sized homes (3-bed
townhomes), not more studios.
•A teacher / nurse household describes clinging to housing security in a mobile home under annual threat.
•Divided on the tax: supports taxing second homes, but strong voices resist more taxes and government-
heavy fixes.
•A recurring call for employer responsibility and regulatory / zoning reform.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Red Cliff 10
responses · rank #12 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 50%20%30%
Regional Housing Tax 40%60%
What Red Cliff is saying
•A small historic town of lifelong locals — "Without workforce and community housing, this Valley dies. It's
already dying."
•Deep frustration with real-estate greed pushing out multi-generation locals.
•Wants bold action (e.g. taxing vacant $5M+ homes) yet doubts another tax or agency will actually help.
•Favors sensible density, employer-built housing and more reliable public transit.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Eagle-Vail 37
responses · rank #9 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 62%27%11%
Regional Housing Tax 59%11%30%
What Eagle-Vail is saying
•Among the most supportive communities on both the authority and a tax.
•A strong preference for Miller-Ranch-style ownership over more luxury condos or high-density rentals.
•Emphasizes homeownership as wealth-building and wants deed-restriction rules reformed.
•Backs an authority "if done right," with alignment across towns, employers and developers, plus second-
home / STR taxes.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Avon 129
responses · rank #2 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 61%22%17%
Regional Housing Tax 47%21%32%
What Avon is saying
•Acute renter distress: neighbors forced out of complexes, $2,000+ for a single room, households
working several jobs to stay.
•Spanish-speaking / immigrant workforce describes overcrowding and few options for larger families.
•Frustration that luxury condos keep rising while affordable options vanish; wants affordable to match
luxury and stronger renter protections.
•Supports taxing corporate / out-of-state landlords / 2nd homes
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Beaver Creek 112
responses · rank #4 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 40%44%16%
Regional Housing Tax 21%20%60%
What Beaver Creek is saying
•An affluent resort / second-home area — it acknowledges the workforce need and "balance at every price
point," but is wary of a new authority.
•Strong opposition to new taxes; warns that taxing high-value or part-time owners will drive away the tax
base and local philanthropy.
•Emphasizes employer (Vail Resorts) responsibility and private-sector / market solutions.
•Concerns of limited water, overdevelopment, valley character, accountability and "government-run slums."
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Bachelor Gulch 56
responses · rank #8 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 45%32%23%
Regional Housing Tax 36%18%46%
What Bachelor Gulch is saying
•An affluent resort voice framing housing as a "delicate balance" — workers are needed, but don't drive
away the second-home owners who fund arts, medical care and philanthropy.
•Strong opposition to new taxes and new bureaucracy; favors employer-provided housing and
incentivized private development.
•Supports restricting short-term rentals to free up existing stock.
•Concerns about unit quality / appearance and market distortion from government intervention.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Edwards 117
responses · rank #3 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 45%29%26%
Regional Housing Tax 44%47%
What Edwards is saying
•The most polarized community — strong affordability advocates & a vocal market-first, anti-tax opposition.
•Pro-housing voices: teachers "too well-off for Habitat, too stretched for a mortgage" and families weighing
whether to leave.
•Opposition: "stay out of our wallets," doubts a crisis exists, and pointed criticism of past projects.
•Common ground: protect open space and wildlife, fix traffic / water / infrastructure, and build Miller-
Ranch-style ownership.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Arrowhead 85
responses · rank #5 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 40%45%15%
Regional Housing Tax 33%22%45%
What Arrowhead is saying
•The most undecided community on the authority — many respondents "need more information."
•Leans toward letting the private market work and reducing regulation and zoning barriers; several want the
authority idea dropped.
•Skeptical of subsidies ("don't fund people who can't save"); would tax second homes vs full-time residents.
•Concerns: traffic, water, home values and adding another layer of government — while still recognizing
workers need housing.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Cordillera 3
responses · rank #14 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 100%
Regional Housing Tax 100%
What Cordillera is saying
•Affluent and firmly opposed — unanimous "no" on a tax and the authority.
•Argues the valley is overbuilt and calls for a "housing pause" to evaluate recent construction.
•Wants the open-space tax eliminated, one county building code, and less zoning — "let the market
work."
•Still acknowledges service workers need somewhere to live. Small sample (3 responses).
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Wolcott 2
responses · rank #15 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 100%
Regional Housing Tax 100%
What Wolcott is saying
•Values the existing community as what makes the valley what it is.
•Wants more affordable first homes — "not just condos."
•Very small sample (2 responses); mixed on the authority and open to a tax.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Town of Eagle 150
responses · rank #1 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 60%24%16%
Regional Housing Tax 49%44%
What The Town of Eagle is saying
•The strongest pro-authority voice among the largest communities — driven by keeping essential workers and long-time
locals who grew up here.
•Wants for -sale / ownership options ("another Miller Ranch"), not just rentals, plus faster town permitting — real
frustration with local process and staffing.
•Prefers funding from second-home and vacancy taxes over burdening residents; a few warn Eagle shouldn't be absorbed
into a regional body.
•Raw need surfaces here: multiple respondents describe being homeless or priced-out teachers.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Gypsum 80
responses · rank #6 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 52%34%14%
Regional Housing Tax 40%19%41%
What Gypsum is saying
•A down-valley working community focused on family homeownership — "homes, not apartments," and
another Miller Ranch.
•Frustration new builds still aren't truly affordable; some cite Gypsum itself as a model that built attainably.
•Wary of out-of-state landlords extracting wealth from the valley's working class.
•Split on the tax: openness to a conditional tax nearly matches outright opposition, reflecting local tax
fatigue.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Dotsero 3
responses · rank #13 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 33%67%
Regional Housing Tax 33%67%
What Dotsero is saying
•Far-down-valley locals who grew up here fear being forced out by rising costs.
•Note that HOA fees quietly undercut "affordable" pricing, putting purchases out of reach.
•Call on Vail Resorts to do more; opposed to a new tax.
•Small sample (3 responses) — includes a Roaring Fork / Basalt respondent seeking senior housing.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Bond/McCoy 2
responses · rank #16 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 50%50%
Regional Housing Tax 50%50%
What Bond/McCoy is saying
•Calls for a county audit of the fees, taxes and regulations driving up building costs.
•Prefers market correction or better employer pay over new government programs.
•Split on both the authority and a tax. Very small sample (2 responses).
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Outside Eagle County 11
responses · rank #11 of 16
SENTIMENT SNAPSHOT Supportive Neutral / unsure Opposed
Regional Housing Authority 36%45%18%
Regional Housing Tax 36%27%36%
What Outside Eagle County is saying
•A mix of former or aspiring locals priced out — wanting affordable lots / mobile-home options and a path back to
the valley.
•Others living elsewhere resist more taxes and "giveaway" programs.
•A common thread across both: employers should pay their fair share of the solution.
•Support is the most uncertain of any group, reflecting distance from the issue.
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
The Debate, Verbatim
THE CASE FOR
Supporters agree the valley can't fix a regional problem town-by-
town — but the authority must stay lean, accountable, and
funded by those driving prices up, not local workers.
A coordinated housing approach across all government
entities.— Vail resident
A regional housing authority must NOT be another layer of
government bureaucracy. It must be lean and do a few
functions really well.— Avon resident
There is sufficient need to create a regional housing authority
… funded out of existing revenue rather than added as an
increase to mill levies.— Edwards resident
THE CASE AGAINST
Opponents, largely in resort communities, see a new agency as
another layer of bureaucracy and another tax; they want existing
bodies coordinated and the market and employers to act.
We need to kill the idea of a housing authority. It is just more
bureaucracy and another way to tax us.— Arrowhead resident
We do not need another authority trying to exert control over
housing. We do not need this.— Bachelor Gulch resident
Coordination and better communications. NOT more
governmental agency creations. More taxes isn't what the
valley needs.— Beaver Creek resident
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Executive Summary: Cross Cutting Themes
Survey Question Top Three Themes Key StatWhy does community
housing matter?
1. Workforce Retention & Stability — 44%
2. Community Vitality & Belonging — 29%
3. Affordability & Cost of Living Crisis — 15%
73% linked housing to workforce and
community health.
What is needed most to
provide housing?
1. Funding & Financial Solutions — 31%
2. Affordability & Deed Restrictions — 26%
3. Rental Housing Supply — 13%
57% called for dedicated funding, deed
restrictions, or expanded supply.
Concerns about more
community housing?
1. Tax Burden on Residents — 37%
2. Affordability Not Meeting Real Needs — 22%
3. Government Inefficiency & Distrust — 14%
73% of concerns were about funding or
delivery — not opposition to housing itself.
Housing = Valley Infrastructure
Residents framed housing as essential
infrastructure — like roads and water — not a
social program. This language crossed
political lines and appeared in supporters and
skeptics alike.
Funding Equity Is the Decisive Issue
The #1 concern (37%) is not whether to build
— it’s who pays. Respondents specifically
directed burden toward second-home
owners, STRs & large employers, not working
residents.
Ownership Over Rentals
Miller Ranch was the most-cited model
across all three questions — always
approvingly. Rental-only proposals will
face persistent friction from a large,
motivated bloc.
1,459 combined open-text responses
EAGLE RIVER HOUSING SOLUTIONS | REGIONAL HOUSING SURVEY | July 8, 2026
Executive Summary: Cross -Cutting Themes
Housing as Valley Infrastructure
Residents framed housing as foundational
infrastructure — like roads and water — not
social policy. This language persisted whether
respondents supported or opposed the RHA,
suggesting broad acceptance of the core
premise.
Funding Equity Is the Decisive Issue
The #1 concern (37%) was not opposition to
housing — it was who pays. Respondents
directed any tax burden toward second-home
owners, STRs & large employers, not the local
workforce. This is a detailed funding
preference, not vague resistance.
Ownership Over Rentals — The
Miller Ranch Effect
Miller Ranch was the most-cited model —
always approvingly. Respondents linked
homeownership to community
investment and wealth-building. Rental-
only proposals face persistent friction
“Affordable” Is a Credibility
Problem
22% flagged that labeled “affordable” housing
isn’t actually affordable. Respondents cited
deed-restricted units at $500K–$1.5M and
$2,000/month studios. This is a trust gap, not
a policy gap — and must be addressed in
messaging.
The Workforce-Community
Feedback Loop
Respondents mapped a chain: no housing →
worker loss → understaffed businesses →
eroding tax base → declining services.
Housing is seen as the first domino affecting
schools, emergency services, and valley
identity.
Generational Displacement Is
the Urgent Subtext
Respondents described grown children
leaving and longtime neighbors departing.
This generational lens — distinct from
seasonal worker housing — may be the
most emotionally resonant argument
available to RHA proponents.
The valley agrees there is a problem. The question is how to fund it fairly, build it leanly, and prove it works.
Questions?
VISIT WWW.EAGLERIVERHOUSINGSOLUTIONS.COM
FOR MORE INFORMATION.
970.748.4088 predmond@avon.org
TO: Honorable Mayor Underwood and Councilmembers FROM: Paul Redmond, Chief Finance Officer
Nina Williams, Town Attorney
RE: Ordinance 26-01: Updates to Chapter 3: Impact Fee Schedule
DATE: July 8, 2026
SUMMARY: This report presents Ordinance 26-01, repealing Avon Municipal Code (“Code”), Section
3.40.100, concerning the Impact Fee Schedule. The repeal provides clarity and corrects the Code by no
longer having inaccurate information regarding impact fees that are assessed exclusively by fire districts.
BACKGROUND: Pursuant to Senate Bill 24-194, Colorado Revised Statute 32-1-1002 was amended to
allow fire protection districts to impose impact fees on the construction of new buildings, structures,
facilities, and improvements. Colorado Revised Statute 29-20-104.5 was also amended to remove the
authority of a local government to impose an impact fee for fire and emergency services. Following these
legislative updates, the Town of Avon (“Town”) and Eagle River Fire Protection District (“ERFPD”)
executed an Amended Intergovernmental Agreement concerning the collection, payment, and use of Fire
District Impact Fees by ERFPD, rather than the Town.
However, Section 3.40.100 of the Code still reflects the Town’s assessment of impact fees for fire
protection and emergency medical services. Repealing this section will remove inaccuracies about the
authority to assess these impact fees from the Code.
In March 2025, ERFPD approved a resolution authorizing Eagle River Fire Protection District to impose its
own impact fees. The Town of Avon, Red Cliff, Minturn, and Eagle County had previously calculated fire
impact fees based on the water meter size of new developments. Based on ERFPD’s 2024 Impact Fee
Study, the district determined that calculating fees based on the square footage of a development, rather
than water meter size, is a better practice. The Town of Avon does collect the impact fee on behalf of
ERFPD at the time of the building permit. The fees are wired to ERFPD on a quarterly basis minus a 6%
fee.
Additionally, the Consolidated and Restated Development Agreement with the Village (at Avon) used to
waive the Fire District fees in lieu of the 1-acre parcel that was dedicated to ERFPD but this limitation on
imposing fees was only effective against the Town of Avon and did not apply to or restrict ERFPD.
Presently, the impact fees may be assessed independently by ERFPD since the statutory change and
ERFPD not being a party to the Agreement.
PROPOSED CHANGES: The proposed change to Section 3.40.100 is to entirely repeal this section.
RECOMMENDATION: I recommend that Council adopt Ordinance 26-01 on first reading.
PROPOSED MOTION: “I move to approve First Reading of Ordinance 26-01, Repealing Section 3.40.100,
“Impact Fee Schedule,” of the Avon Municipal Code.”
Thank you, Paul
ATTACHMENT A: Ordinance No. 26-01
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 1 of 4
+
ORDINANCE 26-01
REPEALING SECTION 3.40.100, “IMPACT FEE SCHEDULE,” OF THE AVON
MUNICIPAL CODE
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 (“Avon”), the Avon Town Council (“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 such authority, the Town has previously adopted Title 3, Chapter 3.40
of the Avon Municipal Code (“Code”), regarding Impact Fees and, more specifically, Section
3.40.100, concerning the impact fee schedule for fire protection and emergency medical services
within the Town of Avon; and
WHEREAS, in 2024, pursuant to Senate Bill 24-194, C.R.S. 29-20-104.5 and 32-1-1002,
concerning the authority to impose an impact fee to fund fire protection and emergency services,
was amended to grant such authority exclusively to fire protection districts and ambulance
districts; and
WHEREAS, in May of 2025, the Town entered into an Amended Intergovernmental Agreement
with Eagle River Fire Protection District (“ERFPD”) “to incorporate the Fire Impact Fees,
incorporate changes based on Senate Bill 24-194, and to provide for an automatic annual
increase beginning January 1, 2026, based on the percentage increases in the Consumer Price
Index.”;
WHEREAS, Council now wishes to repeal Section 3.4.100 of Title 3 to simplify the Code since
ERFPD has the established and exclusive authority to directly impose impact fees on the
construction of new buildings, structures, facilities, and improvements; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter 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 the Town Council.
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 2 of 4
Section 2. Repealing Section 3.40.100 of the Avon Municipal Code. Section 3.40.100 of
the Avon Municipal Code is hereby repealed in its entirety as follows:
3.40.100 - Impact fee schedule.
(a) The following impact fees for fire protection and emergency medical services are established
and imposed. The impact fee amounts and rates are deemed to fairly, equitably and
proportionately mitigate the impacts on capital facilities for fire protection and emergency
medical services created by development within the Town. Any impact fee for fire protection
and emergency medical services hereby imposed shall be imposed and applied on a uniform and
nondiscriminatory basis throughout the Town to any lot, tract or parcel or expansion for which
no building permit has yet been issued.
(b)For residential, commercial (including lodging) or industrial development, impact fees
imposed for fire protection and emergency medical services shall be based on the size of the
water meter required for development.
Size of Water Meter Impact Fee
¾ Inch $1,701
1 Inch $2,892
1 ½ Inch $5,614
2 Inch $9,016
3 Inch $18,713
4 Inch $28,290
6 Inch $56,140
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.
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 3 of 4
Section 5. 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 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. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord 26-01 Repeal Impact Fee Schedule
July 7, 2026
Page 4 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 11, 2026 and setting such public hearing for
August 25, 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 August
25, 2026.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
970-748-4413 matt@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Director of Community Development
RE: PUBLIC HEARING - Second Reading of Ordinance 26-06
Construction Noise Regulations
DATE: August 3, 2026
SUMMARY: The attached Ordinance (“Attachment A”) includes construction noise controls for
construction activities in Town. First reading was approved on July 28, 2028. Second and Final reading of
the Ordinance (“Attachment A”) was amended since first reading and the changes are indicated in redline
strikethrough format. The final Ordinance includes the following general elements:
- Decibel levels established, based on State Statute
- 7:00 a.m. to 7:00 p.m. construction hours for Monday-Saturday carried over from current code
- 9:00 a.m. to 6:00 p.m. construction hours for Sundays and holidays carried over from current code
- Driven Piles is a defined activity limited to weekdays (no weekends) and limited to the hours
between 9:00 a.m. and 5:00 p.m.
- Construction that involves the use of Driven Piles must be identified during the permit review
process, and a Noise Suppression Plan is required.
- Avon Police Department responsible for enforcement.
- Violations are a civil enfraction – not criminal as previously drafted.
BACKGROUND: Staff was asked to bring noise regulations to Council after the receipt of complaints
related to construction noise last year. Construction activites that involve heavy-duty impact or vibratory
hammers or drivers (“Driven Piles”) to push structural steel beams down to bedrock or to a design load
were identified as the primary concern. After the review of a more comprehensive noise abatement
Oridnance in 2025, Council delayed action and provided direction to limit the Oridnance to only construction
related activites, with a focus on Driven Pile activities.
OPTIONS:
• Approve 2nd Reading of Ordinance 26-06 as presented
• Approve 2nd Reading of Ordinance 26-06 with modifications
• Continue 2nd Reading of Ordinance 26-06
RECOMMENDATION: I recommend Council approve send reading of Ordinance 26-06 as drafted.
RECOMMENDED MOTION: “I move to approve second reading of Ordinance 26-06, repealing Chapter
8.44 of the Avon Municipal Code Regarding Indoor Face Covering Requirements and Replacing it with
Construction Noise Regulations.””
Thank you, Matt
ATTACHMENT A: Ordinance 26-06
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 1 of 8
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, section 8.24.085 of the Town’s Municipal Code previously provided a limitation on
audible construction noise, 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 section 8.24.085, as well as 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 8
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
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 3 of 8
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 July 28, 2026, and setting such public hearing for
August 11, 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 August 11,
2026.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 4 of 8
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 Noise Suppression Plans for Driven Piles.
Section 8.44.050 Sound level measurements.
Section 8.44.060 Inspections.
Section 8.44.070 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.
“Driven Piles” means a type of pile-driving equipment or setup used to install piles into
the ground by applying repeated impact, vibration, or hydraulic force to drive them to a
required depth and load-bearing capacity.”
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 5 of 8
“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.
“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) Driven Pile activity and/or equipment usage is limited to the hours between 9:00 a.m. and
65:00 p.m., Monday through Friday. Sound levels of noise from Driven Piles radiating
from a property line at a distance of twenty-five feet or more therefrom in excess of 80
db(A) shall constitute prima facie evidence that such noise is a public nuisance.
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 6 of 8
(d) During construction hours denoted in sections (a), and (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.
(e) 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
outside the prescribed timeframes in sections (a),(b), and (c) above; 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.
Section 8.44.040 Noise Suppression Plans for Driven Piles.
(a) When submitting a building permit application to the Building Official, the General
Contractor shall submit a Noise Suppression Plan, demonstrating reasonable measures to
baffle or reduce noise emanating from the use of Driven Piles. The Noise Suppression Plan
shall include a schedule with the date, time, location of equipment usage, type of
equipment, and anticipated duration for use of Driven Piles. The Building Official shall
approve a Noise Suppression Plan prior to the issuance of a building permit.
(b) The schedule prepared pursuant to the Noise Suppression Plan shall be posted in a
conspicuous location, as determined by the Building Official, such as on the construction
site notice board and/or attached to the exterior fence of the construction site property at
least fourteen (14) days prior to use of Driven Piles and prepared on at least a one (1) square
foot in size paper with lettering that is at least one (1) inch in height. The purpose of the
posted schedule is to give notice of the date, times, and duration of Driven Piles to
surrounding property owners and managers. The schedule shall include the contact
information for the Construction Site Superintendent and/or Construction Manager, as well
as the non-emergency dispatch phone number as provided by the Building Official.
Section 8.44.050 Sound level measurements.
Sound level measurements made pursuant to this Chapter shall be made with a sound level
meter of standard design using the weighting network/scale.
Section 8.44.060 Inspections.
(a) For the purpose of determining compliance with the provisions of this Chapter, 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
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 7 of 8
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 Chapter.
(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 8.44.060 – 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.
ATTACHMENT A
Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations
Page 8 of 8
EXHIBIT B
REPEAL IN ITS ENTIRETY SECTION 8.24.085
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.
970-748-4413 matt@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Matt Pielsticker, AICP, Community Development Director
Claire Perez, Planner II
RE: FIRST READING: Ordinance 26-11
Title 15 Building and Construction Code Amendments
DATE: August 7, 2026
SUMMARY: The Avon Town Council (“Council”) authorized proceeding with various amendments to Avon
Municipal Code (“AMC”) Title 15: Buildings and Construction (“Building Code”) at the February 24, 2026
meeting. One of the amendment topics, wildfire resiliency, was brought to Council separately with
Ordinance 26-05. Ordinance 26-11 includes a variety of amendment topics, including: (1) Outdoor Lighting,
(2) Single stairway, and (3) National Electric Code.
OUTDOOR LIGHTING: The Town’s outdoor lighting standards were slightly modified in 2022, however,
they have been largely untouched since original adoption in 2014. Recent developments and best
practices for outdoor lighting continue to evolve. Proposed updates are intended to clarify existing
standards, reflect current lighting technology and development patterns, and further reduce light pollution
while maintaining public safety and functionality.
These updates also align the Town’s lighting standards more closely with the Dark Sky International
Organization’s principles for responsible outdoor lighting and ensure they remain relevant to current and
anticipated redevelopment patterns in Avon, including lighting associated with canopies, stairwells,
rooftops, and other building features that may contribute to exterior lighting impacts. The Town is not
eligible for Dark Sky Community designation, primarily due to total site lumen allowance (e.g. lumen
budget) standards.
Proposed changes include:
• Amending the intent and purpose section to align with Dark Sky International principles
• Establishing height limits for pole-mounted fixtures and deck/balcony lighting
• Requiring exterior fixtures to use a warm 2700–3000 Kelvin color temperature
• Regulating rooftop lighting to minimize light spill onto neighboring properties
• Expanding standards to additional areas, including interior and exterior stairwells, canopy lighting,
and electric vehicle ports
• Updating definitions and visual aids for acceptable and unacceptable fixtures
• Creating a general provision addressing excessive lighting, as determined by the Community
Development Director
NATIONAL ELECTRIC CODE: Council approved Ordinance 22-16 on December 3, 2022, adopting the
latest building codes including the 2020 edition of National Electrical Code (“NEC”). On August 1, 2023 the
Colorado State Electric Board required the adoption of the 2023 NEC edition. Pursuant to CRS §12-115-
107(2)(a), municipalities must adhere to the minimum standards of the adopted code. The adoption
section of the Avon Municipal Code will be modified to automatically adopt the most recent copy of the NEC
that the State adopts, therefore future updates will be not be necessary and Avon will be in line with the
most recent NEC.
SINGLE STAIRWELL DESIGN: Colorado HB25-1273 requires municipalities over 100,000 residents to
amend building codes by the end of 2027 to allow multifamily buildings with single stairway designs under
Page 2 of 2
certain conditions. Although HB-25-1273 mandates compliance for jurisdictions over 100,000, it does not
prohibit smaller municipalities from adopting the same or similar provisions voluntarily. Avon is home rule
with ample authority to regulate building and fire codes under Article XX of the Colorado Constitution. The
bill aims to offer designers/builders with more flexibility in building design, and ultimately cost savings for
more affordable housing construction alternatives. Adding a second stairway to an apartment building can
increase building costs by 6 to 13 percent.
While Avon has below 100,000 residents, there is local interest in adding the ability to design with a single
stairway in certain circumstances to lower building costs. The bill requires coordination with local fire
districts. Staff have coordinated, and plans to continue coordinating with the ERFPD staff. The
Chairperson of Avon PZC has advanced the topic at the local level.
RECOMMENDATION: I recommend Council approve first reading of the Ordinance, advancing Outdoor
Lighting, NEC, and Single Stairway modifications to Chapter 15 of the Avon Municipal Code.
RECOMMENDED MOTION: “I move to approve first reading of Ordinance 26-11, approving amendments
to Avon Municipal Code Title 15, Buildings and Construction .”
Thank you, Matt
ATTACHMENT A: Ordinance 26-11
ATTACHMENT A
Ord 26-11 Amending Chapter 15 of the Municipal Code
Page 1 of 4
ORDINANCE 26-11
APPROVING AMENDMENTS TO AVON MUNICIPAL CODE
TITLE 15 BUILDING AND CONSTRUCTION
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 (“Avon”), the Avon Town Council (“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, Council wishes to amend Chapter 15.30 of Title 15 of the Code to update Avon’s
Outdoor Lighting standards with additional best practices and safeguards to maintain a dark sky
experience for residents and guests; and
WHEREAS, Pursuant to C.R.S. §12-115-107(2)(a) the Town will automatically adopt the most
recent version of the National Electric Code adopted by the Colorado State Electric Code; and
WHEREAS, Council desires to add new single exit standards for multi-family construction
projects in order to allow design flexibility and reduce the cost of construction; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter 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 Council, or any member of 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 the Council.
Section 2. Outdoor Lighting Standards. Council hereby amends Chapter 15.30, Title 15
of the Avon Municipal Code, as outlined in Exhibit A.
Section 3. National Electric Code. Council hereby adopts the following modifications to
Chapter 15.12 of the Avon Municipal Code - National Electric Code:
Section 15.12.010 – Adoption.
“The Town adopts the 2020 most current edition of the National Electrical Code which has been
adopted by the Colorado State Electrical Board, except as amended in this Chapter. The 2020
National Electrical Code is published by the National Fire Protection Association, 1
ATTACHMENT A
Ord 26-11 Amending Chapter 15 of the Municipal Code
Page 2 of 4
Batterymarch Park, Quincy, MA 02269. A copy of the 2020 adopted National Electrical Code is
on file in the Town Clerk's office and is available for inspection during regular office hours.
Adoption of this code cycle is mandated by DORA (Department of Regulatory Agencies.”
15.12.030 - Violation.
The following clause concerning violations is set forth in full and adopted with reference to the
2020 National Electrical Code named in the title of this Chapter.
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure and building service equipment, or maintain any
building or structure in the Town or cause or permit the same to be done, contrary to or in
violation of any of the provisions of any of the codes or standards named in the title of this
Chapter."
15.12.040 - Penalty.
Any person violating any of the provisions of this Chapter or of the provisions of the 2020
National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall
be deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction of any of the provisions of any of the codes and standards named in the title
of this Chapter is committed, continued or permitted and shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.12.060 - Validity.
If any section, subsection, sentence, clause or phrase of the 2020 National Electrical Code named
in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The
Town declares that it would have passed the ordinance codified in this Chapter, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses and phrases be declared invalid.
Section 4. Single Stairway. Council hereby adopts amendments to Chapter 15.08 of the
Avon Municipal Code, adding Amended exit design parameters for Multi-family Construction as
outlined in Exhibit B.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. 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 Avon.
ATTACHMENT A
Ord 26-11 Amending Chapter 15 of the Municipal Code
Page 3 of 4
Section 6. 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 7. 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 object sought to be obtained.
Section 8. 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 9. 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 10. 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 _______________, and setting such public hearing
for ___________________ at the Council Chambers of the Avon Municipal Building, located at
One Hundred Mikaela Way, Avon, Colorado.
- signature page follows -
ATTACHMENT A
Ord 26-11 Amending Chapter 15 of the Municipal Code
Page 4 of 4
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
____________________.
BY: ATTEST:
________________________________ _________________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 1 of 8
CHAPTER 15.30 Outdoor Lighting Standards
15.30.010 Intent and Purpose.
(a) The purpose of this Chapter is to reduce offensive lighting sources and unnecessary lighting and
reduce eliminate light trespass beyond property lines. including unnecessary upward lighting. The
Town Avon is experiencing a significant increase in the use of exterior illumination lighting and the
Town intends to facilitate responsible lighting practice. Town residents and guests value small town
character and the qualities associated with this character, including the ability to view the stars
against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor
exterior lighting causes unsafe and unpleasant conditions and limits their ability to enjoy the nighttime
sky.
(b) This Chapter is intended to help maintain the health, safety and welfare of the residents of the Town
through the regulation of exterior lighting in order to:
(1) Promote adequate light for safety and security;
(1) Ensure all existing and future installed lighting has a clear purpose, is directed only where
necessary, and is used only when it is functional.
(2) Prevent inappropriate and poorly designed or installed outdoor exterior lighting;
(3) Reduce glare;
(4) Reduce nighttime light pollution and protect and reclaim the ability to view the night sky by
restricting the unnecessary upward projection of light; and
(5) Phase out existing nonconforming fixtures that violate this Chapter, including those owned by
the Town.
(6) Ensure installed lighting is not brighter than necessary.
(7) All lighting must be compliant with HB23-1161, which reduces mercury pollution and energy use
and encourages LED lighting.
15.30.020 Definitions
For the purposes of this Chapter, the following definitions shall apply:
Canopy lighting. Exterior lighting installed on or under an exterior overhang.
Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner to
cause light rays to shine outdoors. Luminaires Light sources that are indoors that are intended to light
something but provide light outside are considered exterior lighting.
Fixture. A device containing one or more light sources, typically attached to a wall or ceiling.
Fixture height. The vertical distance from the ground directly below the centerline of the fixture to the lowest
direct light emitting part of the fixture.
Floodlight. A powerful installed light used for lighting outside areas, such as sports fields or buildings.
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 2 of 8
Full cut-off fixture. A fixture designed and installed where no direct light (as opposed to scattered light) is
emitted at or above a horizontal plane running through the lowest point on the fixture.
Fully shielded. The luminaire incorporates a solid opaque barrier (the shield), which permits no light to
escape through the barrier.
Glare. Stray, unshielded (including reflected) light striking the eye that may result in (a) nuisance or
annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing
squinting of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into
shadows; or (d) reduction of visual performance.
Holiday (seasonal) lighting. Temporary festive lighting intended to celebrate the winter season and the Thanksgiving, Christmas and New Year's holidays typically occurring during November through
February.
Installed lighting. Any light or light source, including glare, that is not naturally occurring.
Light pollution. Any manmade light installed lighting that diminishes the ability to view the night sky.
Light source. The source of the light emitted by the fixture. Also referred to as bulb.
Light trespass. Light falling on the property of another or the public right-of-way when it is not required to do
so.
Lighting. A supply of illumination or the apparatus or device providing light.
Luminaire. A device that provides light that is not naturally occurring.
Naturally occurring light. Light that occurs without the involvement of humans.
Uplighting. A lighting effect created by directing lighting and fixtures upward.
15.30.030 Applicability
The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All
exterior lighting installed after the effective date of the ordinance codified herein shall conform to the
standards established by this Chapter. All existing, exterior lighting installed before the effective date of the
ordinance codified herein shall conform with this Chapter.
15.30.040 General Outdoor Lighting Standards.
The following lighting standards shall apply to all properties located within municipal boundaries:
(1) The style, color and design of the fixtures shall be compatible with the overall design concept
and use of materials for the building and site area of the lighting plan.
(2) All lighting shall be shielded such that the light source of illumination (filament, frosted bulb or
the reflection of those from a shiny surface) is not visible from beyond the limits of the property
line, thereby reducing glare and interference with boundary streets and adjacent properties.
Light fixtures near adjacent property may require special shielding devices to prevent light
trespass.
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 3 of 8
(3) All lighting (including, but not limited to lighting for interior / exterior stairwells, hallways and
corridors, patios, decks, balconies, parking structures and garages, street, parking lot, security,
walkway and building) shall conform with the definition for full cut-off fixtures with the light source
downcast and fully shielded, with the following exceptions:
a. For the Town Core, holiday lighting from November 15th to the closing date of Beaver
Creek Ski Resort's winter ski season. For all other areas, holiday lighting from November
15th to March 1. No holiday lights shall be illuminated between the hours of midnight and
6:00 am. Holiday lighting shall not blink or flash.
b. Sensor activated luminaries, provided that:
1. It is located in such a manner as to prevent glare and lighting onto properties of
others or into the public right-of-way.
2. The luminaire is set to only go on when activated and to go off within five (5) minutes
after activation has ceased.
3. The luminaire shall not be triggered by activity off the property.
c. All temporary emergency lighting needed by the Fire and Police Departments, or other
emergency agencies.
d. Floodlights with external shielding can be deflected up to twenty-five (25) degrees
from a vertical plane as measured through the central axis of the light beam from the
luminaire, only if the luminaire does not cause glare or light to shine on adjacent
property or public rights-of-way.
Compliant floodlight angle
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 4 of 8
Levels of Shielding
e. Uplighting for flags, address markers, trees, architectural features and low-voltage
landscape lighting, provided that the luminaire is located, aimed and fully shielded so that
direct illumination is focused exclusively on the object and away from adjoining properties
and the public street right- of-way. Architectural features may be illuminated by uplighting,
provided that the light is effectively contained by the structure. In all cases, uplighting must
not cause glare or light trespass.
f. For Lluminaires (light fixtures) that have a maximum output of one thousand (1,000)
lumens per fixture (equal to one [1] sixty-watt incandescent light), regardless of the number
of lamps, provided:
1. The bulb of the fixture is not visible;
2. The fixture utilizes frosted, opalescent, clear textured or iridescent glass;
3. The fixture has an opaque top or is under an opaque portion of the building structure;
4. If the fixture utilizes clear glass, the output of the fixture must be shielded by the
architecture of the structure; and
5. All fixtures must not cause glare or light trespass beyond the property; and
6. All fixtures must have a correlated color temperature (CCT) between 2,700 and 3,000
Kelvin (K)
g. Temporary (two [2] days or less) high intensity discharge floodlighting may be used for
sports lighting and Town-sponsored permitted events, provided that the lighting be
turned off no later than one (1) hour after the event is concluded. The fixtures must be
aimed so that their beams are directed and fall within the primary playing or performance
area and equipped with glare-control packages (louvers, shields or similar devices) if
necessary.
h. All permanent sports and event lighting shall be equipped with a glare-control
package (louvers, shields or similar devices) and the fixtures must be aimed so that
beams are directed and fall within the primary playing area and light trespass is
minimized.
(4) Maximum Fixture Height
a. Pole mounted lighting within non-residential parking lots is allowed up to twenty (20) feet
from finished grade.
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 5 of 8
b. Pole-mounted lighting in parking lots for residential or multi-family buildings may be installed
at a maximum height of twelve (12) feet above finished grade.
c. For residential or multi-family buildings on steep slopes, or buildings with more than two
stories that have balconies, lighting on decks or balconies is limited to a maximum height of
forty-two (42) inches.
(5) Recessed cans in eaves or similar must be diffused so bulbs are imperceptible.
(6) Roof top lighting
a. For commercial uses, all rooftop lighting shall not be highly visible from the right-of-way (e.g,
rooftop deck screened on a minimum of two (2) sides by wall, adjacent buildings, etc.) and
must be set back a minimum of five (5) feet from the rooftop edge.
(7) All canopy lighting shall be recessed sufficiently to ensure that no light source is visible from or
causes glare, no less than (10) feet from canopy edge where canopy is near public rights of way
or adjacent property.
a. Canopy lighting shall not exceed 20 lumens per square foot under canopies.
b. All fixtures mounted on the lower surface of canopies must be fully shielded in and of
themselves; the canopy edges alone do not qualify as shielding.
c. Canopy lighting at gas stations or service areas located on slopes or elevated terrain that
may increase glare or light spill onto adjacent properties may be required to provide
additional shielding, adjust fixture angles, reduce light levels, or use other mitigation
measures as necessary to prevent nuisance glare. The reviewing authority may require a
lighting plan demonstrating compliance under actual site conditions.
(8) Properties shall not install lighting, either permanent or temporary, deemed to be excessive or
unnecessary, as determined by the Community Development Director.
(9) Prohibited Lighting:
a. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or
use intermittent electrical pulsation;
b. Lights affixed to the top of the roof of a structure;
c. Neon, or similar gas filled, lights;
d. Laser source lights;
e. Searchlights;
f. Lights attached to vegetation, except decorative holiday lights; and
g. Any lighting that could interfere with the public health, safety, or welfare.
(10) Exemptions.
a. The standards of this section shall not apply to lighting owned and maintained by the Town of
Avon, installed for the benefit of public health, safety and welfare.
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 6 of 8
15.30.050 Lighting Plan
(a) An outdoor exterior lighting plan shall accompany all design development plan and building permit
applications unless this requirement is waived, in writing, by the Community Development Director,
and shall be submitted separately from other drawing information. All lighting plans (except single-
family and duplex applications, whose lighting fixtures and locations are reviewed under the
Design Review Guidelines) shall be subject to approval through the Town’s design review process
by the Planning and Zoning Commission. A user's guide with examples of compliant light
fixtures is available in the Community Development office.
(b) Those projects not requiring design review by the Town shall be required to submit a lighting
plan that conforms to the standards outlined herein at the time of building permit for new
construction. The lighting plan and/or specifications shall show:
(1) The type and luminous intensity of each light source and wattage (e.g., incandescent, halogen,
high- pressure sodium);
(2) The type of fixture (e.g., floodlight, full-cutoff, lantern, coach light);
(3) Fixture location and height above all proposed and existing light fixtures;
(4) Shielding and all mounting details;
(5) Manufacturer cut-sheet and/or specification materials with scaled drawings or photographs
including: initial lumen rating, color rendering index and wattage of each lamp;
(6) Any other information deemed necessary by the Community Development Director Inspector to
document compliance with the provisions of this Chapter.
(c) Those projects not requiring design review by the Town shall adhere to the general exterior lighting
standards outlined herein at the time of building permit for new construction.
15.30.060 Violations
(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of
this Chapter. If the Community Development Director Inspector finds that any provision of this
Chapter is being violated, the Community Development Director Inspector shall give notice by
certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such
premises, requesting that the violation be abated within thirty (30) days of the date of mailing of the
notice.
(b) The Community Development Department staff shall be available to assist in working with the violator
to correct said violation. If the violation is not abated within the thirty (30) sixty day period, the violator
shall be punished by a fine of not more than one hundred dollars ($100.00) for each and every day
during which the violation of any provision for any single fixture of this Chapter is committed,
continued or permitted.
(c) 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 of any of the provisions
of any of the codes and standards named in the title of this Chapter is committed, continued or
permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 7 of 8
15.30.070 Figures and Diagrams
The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting
fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly
to comply with this Chapter.
Unacceptable Acceptable
EXHIBIT A to ORDINANCE 26-11
Title 15: Outdoor Lighting Standards
Page 8 of 8
EXHIBIT B to ORDINANCE 26-11
Title 15: Single Staircase
Page 1 of 2
CHAPTER 15.08 International Building Code
15.08.020 Additions or modifications.
The 2021 International Building Code is amended and changed as described in Sections 15.08.030
through 15.08.140150 below.
15.08.150 Appendix P – Amended Stairway Modifications for Multi-Family Construction
In alignment with Colorado HB 25-1273, the Town of Avon allows a single exit design for Multi-Family
structures, with local amendments as follows:
(a) Is constructed of materials that satisfy International Building Code (IBC) Type I, Type II, or Type IV
construction standards;
(b) Is protected throughout, including at each landing of the exit stairway, with an automatic sprinkler
system in accordance with the IBC;
(c) Has no more than four stories above grade.
(d) Does not have a floor with a square footage greater than 5,000 and has an exit stairway whose width is
equal to or greater than 54-inches;
(e) Has no more than 20-feet of travel to the exit stairway from the exit or entry door of any dwelling unit;
(f) Has no more than 125-feet of travel to the exit stairway from any point in a dwelling unit;
(g) Has no more than four dwelling units per story;
(h) Only has openings to the exit stairway enclosure that allow exit access from normally occupied spaces,
exit access from the exit stairway enclosure to another protected exit component, and access to the
exterior from the exit stairway enclosure;
(i) Is fully protected in all common areas with smoke detection in accordance with the National Fire
Protection Association's standard 72, known as the "National Fire Alarm and Signaling Code", and the
International Fire Code (IFC);
(j) Does not have electrical receptacles in an exit stairway enclosure;
(k) Does not have publicly accessible electrical receptacles in corridors between dwelling units and the exit
stairway;
(l) Has, in accordance with the IBC, an emergency escape and rescue opening on every floor;
(m) Has an exit stairway that is constructed in accordance with the IBC;
(n) Has a fire-resistant box that contains keys to access the building and dwelling units, is accessible to
firefighters, and is accompanied by a sign indicating that the building is only served by a single exit
stairway;
(o) Has an exit stairway that is protected with two-hour fire-rated stair construction regardless of
construction type;
(p) Has passive and active fire protection features in occupiable spaces throughout the building, including
individual dwelling units, that are periodically inspected and maintained by a third party approved by
local fire district;
(q) Has corridors that all have a minimum of one hour of fire resistance, in accordance with the IBC;
(r) If more than 3 stories, has elevator and exit stairway enclosures that all have smoke control systems, in
accordance with the IFC;
(s) If more than 3 stories, has elevators that are all within two-hour shaft enclosures, in accordance with
the IBC;
EXHIBIT B to ORDINANCE 26-11
Title 15: Single Staircase
Page 2 of 2
(t) Does not allow storage, including the storage of deliveries, trash, and recycling, within the space
between dwelling unit doors and the exit stairway; and;
(u) Does not have more than one story below grade plane.
15.08.150160 Violation.
The following clause concerning violations is set forth in full and adopted with reference to the 2021
International Building Code named in the title of this Chapter:
It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and
occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in
violation of any of the adopted or modified provisions of any of the codes or standards named in the title of
this Chapter.
15.08.160170 Penalty.
Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International
Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have
committed a civil infraction for each and every day or portion thereof during which any infraction of any of
the provisions of any of the codes and standards named in the title of this Chapter is committed, continued
or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code
15.08.170180 Repeal.
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this
Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the
effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not
revive any provision of any ordinance previously repealed or superseded unless expressly stated in this
Chapter.
15.08.180190 Validity.
If any section, subsection, sentence, clause or phrase of the 2021 International Building Code named in the
title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would
have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional
970.748.4413 matt@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Community Development Director
RE: Avondale Apartments Design Contract Notice of Award
DATE: August 3, 2026
SUMMARY: Council is being asked to action to approve a “Notice of Award” for a design contract with Site
Architects to design the Avondale Apartments project. This report provides a full background of the
project as well as an explanation of the contract elements and estimated schedule. If the contract is
approved and the design process immediately commences, then a Summer 2027 construction season is
feasible.
CONTRACT: The contract is based off the American Institute of Architects (“AIA”) form agreement, with
amendments. The contract has been reviewed by the Town Attorney’s office. The Scope of Work includes
all phases of design review, professional design development, and construction administration services.
The contract also includes Site Architects’ responsibility to oversee most of the identified subcontractors
through the construction period.
TERMS: Key terms of the agreement include:
• Town agrees to appropriate full amount of services ($1,367,113).
• Site Architects will indemnify and defend the Town against all liability and claims, including from
subconsultants.
• Disputes should be settled in thirty (30) days in good-faith negotiations, or mediation within sixty (60)
days, or Eagle County court.
• Architect must correct design errors without additional compensation.
• All subconsultants are the responsibility of the Architect.
• Strong insurance requirements.
• The Council must approve Schematic Design Documents before design team proceeds to Design
Development, and ultimately Construction drawings.
• Thirty (30) site visits, one substantial completion inspection and one final completion inspection.
• Architect to respond to RFIs within five (5) business days.
• Work product is exclusive property of Town.
• Termination with seven (7) day notice.
SCHEDULE: If the contract is executed and the design process commences, Preliminary Design approval
by the Village Design Review Board (“DRB”) will be pursued simultaneously with vetting modular
manufacturers. Preliminary Design is anticipated in third quarter, and Final Design in fourth quarter. A
construction start in Summer 2027 is possible if the design process moves forward as planned. The total
construction duration is anticipated to be thirteen (13) months. A condensed schedule is included in Site
Architect’s narrative summary (“Attachment A”).
Page 2 of 4
BACKGROUND: A Community Housing project was originally envisioned for Town property located at 500
Swift Gulch Road above the regional transit and fleet facilities. A competitive Request For Proposal
(“RFP”) process in late 2021 resulted in a contract with 2757 Design (now Site Architects). After
preliminary design work was completed, the concept to switch sites with Lot 5 Village (at Avon) – located at
375 Yoder Avenue was presented to Council. The change in sites was agreed upon, and the Public Works
garage was pursued instead for the Swift Gulch site.
Council provided direction in early 2023 to proceed with due diligence for a Community Housing project on
Lot 5, Village (at Avon) – located at 375 Yoder Avenue. Previous action by the Council included support for
a 56-unit project spanning 3 buildings, with a mix of 1-bedroom and 2-bedroom units. In August 2023,
modular was selected as the preferred construction type based on schedule, cost savings, and inherent
sound separating between units. Council was presented with a contract in late 2023 before the project was
put on hold in order to obtain necessary zoning approvals.
An RFP process to bring an owner’s representative to assist with the project resulted in a contract with
Dynamic Program Management (DPM”). DPM provided assistance for a request for qualifications process
and proposals for a Construction Manager/General Contractor (“CMGC”), which occurred in late Summer
2023. Our review committee selected a short list for interviews and then selected FCI Constructors for
CMGC services. A GMGC contract will come at a later date.
The project was then presented to the Village (at Avon) DRB for initial feedback. The design was modified
further and reduced from 3 buildings to 2 buildings, and forty (40) units in order to respond to parking, snow
storage and drainage constraints. The project was then on pause until the necessary zoning amendments
were approved. The zoning amendment to permit Community Housing as a use by right was approved by
Ordinance 26-02 on April 14, 2026.
VILLAGE DESIGN REVIEW BOARD: The Village DRB must review and approve the design of the project
at different stages of design development. Additionally, the PZC will review a referral and provide
comments on the design in accordance with the Planned Unit Development (“PUD”). The previous design
plans were presented to the Village DRB December 2024 for Preliminary review. The Village DRB
requested additional information on the exterior building materials, and also expressed a desire to see
alternative roof forms. There were limited comments on the overall massing and site design elements. The
updated project schedule anticipates an affirmative Preliminary review in the near term, and a Final
submittal in late summer. I will return to Council with updates on the design review process as necessary.
Page 3 of 4
BUDGET: The Community Housing fund includes $1,405,215 in carryover funds for design services and
due diligence.
CONSTRUCTION FUNDING: The Town Manager is working with Chief Financial Officer Paul Redmond to
analyze municipal bond financing and develop a financial model that seeks to establish a rental project
Page 4 of 4
whereby the rental income can cover the debt service, property management, and utility expenses. Staff is
pursuing a grant from Holy Cross Electric’s Community Energy Systems program for electric supply to the
site.
RECOMMENDATION: I recommend approving the design contract with Site Architects. I also recommend
continuing with Lindsay Hardy and Ruth Stanley as the two Councilors previously designated to be included
in the design process. The final form of the agreement must be approved by the Town Manager and Town
Attorney prior to execution.
OPTIONS: Council has the following options:
• Approve the contract as presented;
• Approve the contract with modifications; or
• Direct staff to revise and return to a future meeting date.
NEXT STEPS: Upon execution of the contract, the project team will immediately resume pursuing
Preliminary DRB approval. Project schedules will be refined based upon modular availability and final
project design. The construction financing options will be brought to Council after we receive the
guaranteed maximum price proposal. The Town Manager will bring an overview of financing options to the
Avon Finance Committee in early fall.
TOWN MANAGER COMMENTS: The AIA Agreement with Site Architects picks up where the project was
put on hold. Significant work was completed with the basic building and unit configuration as well as
assembling this team through an inclusive request for qualification, request for proposal and interview
process. The principal Avon staff persons who would work with Site Architects, Dynamic Program
Management and the CMGC would be Matt Pielsticker, Eva Wilson and myself. We are scheduling weekly
meetings as is customary for this scale of construction project.
There will be one more evaluation of modular construction versus stick frame or panelized construction
methods and the results of that evaluation will be reported to Council. Concurrently with the next steps in
the design and documentation process I will work with Chief Financial Officer Paul Redmond to develop a
pro forma for revenues and expenses for this apartment project. The pro forma will be developed in
consultation with Polar Star, who currently provides property management services for Eagle Bend, Kayak
Crossing and Buffalo Ridge I apartment projects. This work will be presented to Council with the
construction contracts and proposed financing.
RECOMMENDED MOTION: “I move to approve a Notice of Award with Site Architects for Avondale
Apartments, subject to the final form being approved by the Town Manager and Town Attorney.”
Thank you, Matt
ATTACHMENT A: Site Architects Firm Portfolio & Design Status/Construction Method Evaluation
ATTACHMENT B: Dynamic Program Management Firm Overview
ATTACHMENT C: FCI Constructors Firm Overview ATTACHMENT D: Site Architects Design Status, Scope of Work and Fee Proposal, and Draft Schedule
fi rm portfolio
ATTACHMENT A
R esponse Domestic Abuse Center
summary + approach :
Response, a critical non-profit, supporting domestic abuse and sexual assault victims brought on Site Architects
prior to purchasing the property to study feasibility and potential cost in a mid-valley location with limited lots
for sale. The site plan was developed based on levels of privacy and transparency to ensure that the building
supports the non-profits vision to allow its shelter users to begin to rebuild their lives following trama. The location
was ideal, however the flood plane and strict height limit took a collaborative and creative team to finalize design
and engineering.
reference contacts :
Shannon Meyer , Executive Director
shannon@responsehelps.org
c: 970-366-0104
project information :
location : Basalt, CO
completion : 02/2025
typology : non-profit - multi familyresidential + commercial
program : shelter + office
budget : $8M
contractor : GF Woods Construction
challenges : accessibility while elevated above flood plane w/ low height
limit, grant supported design requirements
photography by Draper White https://draperwhite.com/home.html
ATTACHMENT A
c onceptual principle
ATTACHMENT A
ATTACHMENT A
p hotography by Draper White https://draperwhite.com/home.html
ATTACHMENT A
F irstBank Willits
project information :
location : Basalt, CO
completion : 2023
typology : commercial
program : 3,000sf new construction bank
budget : $3.5M
contractor : FCI Constructors, Inc.
challenges : fill site, low height limit
summary + approach
Site Architects (formally partnered with 2757 design co) was selected through an invited RFP process to design a
new branch for FirstBank in the up and coming Willits urban area of Basalt. The design team suggested creative
ways to approach massing for the building that drew from FirstBanks branding and logo to draw attention through
color and form, rather than large signage that was re-stricted by design guidelines along with height. The entire
team, including First-Bank, owners representative, contractor, design team and all engineers worked hard to keep
this project on budget through the Pandemic and it was truly a success on all fronts.
reference contact :
Phil Vaughn, construction manager
phil@pvcmi.com
ph: 970-625-5350
p hotography by Draper White https://draperwhite.com/home.html
ATTACHMENT A
c onceptual principle
ATTACHMENT A
ATTACHMENT A
p hotography by Draper White https://draperwhite.com/home.html
ATTACHMENT A
E agle County School District Housing
reference contact :
Sandra Farrell, ECSD COO
sandra.farrell@eagleschools.net
office: 970-328-2747
summary + approach
In the spring of 2021, Site Architects and their consultant team were selected from 15 respondents to an RFP to
engage w/ the Eagle County School District for site planning and design to determine appropriate site access/
design, building scale, density and character for employee housing to capitalize on an available piece of district
owned property to the east of Battle Mountain High School. The A/E team, alongside the district leadership, the
owners representation and the contractor worked as a tight knit team to combat unprecedented cost escalation
and product availability during the pandemic. Erica Golden led the design from the initial charrette and Oscar
Carlson executed the project through construction administration. The project is all electric, and plans to expand
their PV system to achieve Net Zero with future grant funding. The project was completed in April 2024.
project information :
location : Edwards, CO
completion : 04/2024
typology : multifamily residential
program : 37 workforce housing units
budget : $18M
contractor : RA Nelson
challenges : triangular site, ditch, slopes
photography by Stoval Studio Photography at www.stovallstudio.com
ATTACHMENT A
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‘T’ option, rotated
T-option
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stormwater basin
surface level parking units
ditch below the road
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parking under units
potential units
potential road extension
nde nitkin
VLWHVNHWFKY
site adjacencies diagram site conditions
angled option ‘T’ option cross option
c onceptual principle
ATTACHMENT A
UNIT MIX DIAGRAM
UNIT DIAGRAM
2BDRM UNIT
1BDRM UNITS 1+3 BDRM UNIT
ATTACHMENT A
p hotography by Stoval Studio Photography at www.stovallstudio.com
ATTACHMENT A
B asalt Vista Housing Partnership
project information :
location : Basalt, CO
completion : 11/2021
typology : multifamily residentail
program : 27 workforce housing units
budget : $3.5M + Donations
contractor : Habitat Roaring Fork
challenges : debris flor, ditch
reference contacts :
Gail Schwartz, President
gails@habitatroaringfork.org
c: 970-309-1411
Dana Dalla Betta, Project Manager
ddallabetta@aspensnowmass.com
c: 970-456-6601
summary + approach
Site Architects (formerly partnered with 2757 design co) led master planning, architecture and interior design for
Habitat Roaring Fork’s Net Zero 27 unit teacher and workforce housing project, that was completed in 2021.
Four unit types are assembled into four building types to compose a diverse streetscape. The units are set back
slightly into the hillside with front porches and front yards activating the streetscape instead of the more typical
approach to locate the outdoor spaces in a fenced back yard.
The mix of all electric duplex and triplex units were designed simply to utilize prefabricated wall panels while
maximizing solar potential with vernacular shed roof forms, ‘split and shifted’ to allow additional light & views from
interior and/or north facing units. Material changes accent these traditional forms, mimicing a single-family home
but one that is raised to take advantage of an upside down living approach to enhance views over the existing
school building, like a periscope.
photography by Sara Kuhn kuhn.sar@gmail.com & Habitat Roaring Fork
ATTACHMENT A
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c onceptual principle
ATTACHMENT A
p hotography by Sara Kuhn kuhn.sar@gmail.com & Habitat Roaring Fork
ATTACHMENT A
p hotography by Sara Kuhn kuhn.sar@gmail.com & Habitat Roaring Fork
ATTACHMENT A
Dynamic Program Management, founded in 2019 by a
team of seasoned industry experts, serves as a trusted
Owner’s Representative, providing on-the-ground leadership
and oversight throughout every phase of a project. Our
hands-on approach ensures daily execution stays on
schedule and within budget while keeping strategic
objectives at the forefront of every decision.
5 Principals of Service
1.Creative Problem Solving
2.Team Building
3.Integrity
4.Love of Learning
5.Tenaciousness
Proven Platform
Our client-centric service model is at the heart of our guiding
mantra when navigating difficult decisions:
“Is it fair? Is it right? Is it reasonable?”
Using proven financial, schedule, and project management
tools, clients receive customizable financial reporting and
accurate milestone dates. By streamlining communications,
we eliminate the owner’s need to look for project information,
allowing owners to make well-informed decisions throughout
the project.
Our Story
After over a decade in Eagle County working for both residential and commercial general
contractors (2000-2012), in 2012, DPM founder Colleen Kaneda, moved into an Owner’s
Representative role by working for a smaller Denver-based firm charged with growing the
mountain/Western Slope presence; in 2013 the company was acquired by a large publicly traded
corporation.
In 2019, supported by a close network of colleagues and now staff, Colleen established Dynamic
Program Management. Many of the clients that the current team served prior to DPM went on to
select the DPM team to serve as their Owner’s Representative on subsequent programs of
renovation and new construction work. Senior leadership includes a lifelong commercial general
contractor, a leader with a Ph.D. in Engineering, and another with a M.S. in Engineering.
Growth in Last 6 Years & Planning for the Future
-Since 2019, DPM has managed over $1 Billion of Publicly Funded Projects
-Project Expertise: Municipal, PK-12 Education, Recreation, Workforce Housing
-Staff expansion from a single-person company to 9 FTEs.
-DPM is committed to remaining an Eagle-based company dedicated to helping clients
improve the quality of life in their communities.
ATTACHMENT B
WHEN IT MATTERS MOST
ATTACHMENT C
Company Profile
Founded in 1978, FCI has grown from Grand
Junction, Colorado into an eight-office
operation spanning the Mountain West.
Ranked among ENR’s Top 400 Contractors
since 1998, we’ve built our reputation on
customer service, safety, technology, and
sustainable construction.
We are a full-service CM/GC working across
negotiated and hard bid markets in both
public and private sectors. FCI is backed by
450+ employee-owners who have a personal
stake in every project’s success. Our regional
offices aren’t satellite hubs, they’re local
teams. That means responsive, senior-
level talent on your project, not traveling
crews. Our estimators, project managers,
superintendents, and engineers bring deep
experience across conceptual and hard bid
delivery.
Financially, we’re built to perform: $250M
single-project bonding capacity and $850M
aggregate give our clients the confidence to
tackle projects of any scale.
Our presence on the Western Slope for nearly
five decades has allowed us to establish
strong relationships with local subcontractors
and suppliers, which help reduce project
costs and ensure high-quality, timely project
completion. Additionally, FCI is an employee-
owned company committed to the success of
each project.
We pride ourselves on our collaborative
approach, working closely with clients,
architects, and community stakeholders
to create housing solutions that are not
only affordable but also sustainable and
community-focused.
ATTACHMENT C
FCI Constructors brings extensive, proven experience delivering
successful projects in Eagle County, with more than forty projects
for $149,156,837 in completed construction. This depth of
experience reflects long-standing relationships with Eagle County
agencies and stakeholders while consistently delivering high-quality
projects across multiple sectors.
Eagle County Justice Center Addition & Expansion (2010)
Delivered a major expansion to the existing justice facility, requiring
phased construction within an active, secure environment.
Two10 at Eagle Ranch – Employee Housing
Constructed a $7.8M workforce housing development consisting of
22 residential units on a constrained site.
Avon Regional Transportation Facility
Delivered a public works facility supporting regional transit
operations.
Lionshead Transit Center
Constructed transit infrastructure within a high-traffic resort
environment.
Avon Town Hall
Completed a civic facility focused on durability and community
integration.
Eagle County School District Projects
Completed multiple projects within active educational
environments.
Eagle County Airport Projects
Delivered aviation-related construction in secure, operational
environments.
Experience in Eagle County & Rural / Mountain Construction Experience
Mountain & Winter Construction Expertise
FCI brings 48 years experience managing construction in rural and
mountain communities, where access, staging, and workforce logistics
require proactive planning and coordination.
Our teams are highly experienced in delivering projects through mountain
winters, maintaining schedule and productivity through:
• Strategic seasonal phasing
• Weather-protected work zones
• Proactive material procurement
• Flexible subcontractor coordination
This approach ensures consistent progress despite challenging weather
conditions. FCI has managed multiple construction throughout the
winter months in Eagle, Vail, Glenwood Springs, Breckenridge, Leadville,
Telluride, Aspen, Snowmass Village, Crested Butte, Gunnison, Durango, and
Steamboat Springs.
Avon Town Hall Remodel, completed 2018
Two10 at Eagle Ranch Housing, completed 2020
Avon Regional Transportation Facility, completed 2013
ATTACHMENT C
ATTACHMENT D
ATTACHMENT D
ATTACHMENT D
Architecture / Interiors - Site Architects
staff 01 (principal)staff 02 (proj arch)staff 03 (job captain)staff 04 (designer)
Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total
Schematic Design Progress to DRB Submission 48 245.00$ 144 225.00$ 144 175.00$ 48 165.00$ 77,280.00$
DRB Prelim Approvals, Planning & Zoning & Refinements **8 245.00$ 16 225.00$ 16 175.00$ 16 165.00$ 11,000.00$
100SD w/ DRB Comments & Consultant Drawings 8 245.00$ 24 225.00$ 16 175.00$ 32 165.00$ 15,440.00$
100DD + State Modular Permit Set ***72 245.00$ 288 225.00$ 288 175.00$ 0 165.00$ 132,840.00$
DRB Final Approvals & Refinements 8 245.00$ 24 225.00$ 16 175.00$ 32 165.00$ 15,440.00$
90CD / GMP / DRB Tech Review Set / Permit Set 64 245.00$ 256 225.00$ 256 175.00$ 0 165.00$ 118,080.00$
100CD incorporating Permit/DRB Comments & GMP Qualifications ****32 245.00$ 128 225.00$ 128 175.00$ 0 165.00$ 59,040.00$
CA Construction Administration *****54 245.00$ 648 225.00$ 54 175.00$ 0 165.00$ 168,480.00$
As-designed Documentation (AD) + 11 mo. Warranty Mtg ******8 245.00$ 32 225.00$ 32 175.00$ 0 165.00$ 14,760.00$
Contingency / Reimbursables 61,236.00$
TOTAL 302 1560 950 128 673,596.00$
Landscape Architecture - Rawley Design Planning LLC
PSR BAJ DRB staff 05
Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total
Schematic Design Progress to DRB Submission 4 270.00$ 10 175.00$ 16 155.00$ 0 -$ 5,310.00$
DRB Prelim Approvals, Planning & Zoning & Refinements **8 270.00$ 8 175.00$ 10 155.00$ 0 -$ 5,110.00$
100SD w/ DRB Comments & Consultant Drawings 4 270.00$ 16 175.00$ 24 155.00$ 0 -$ 7,600.00$
100DD + State Modular Permit Set ***4 270.00$ 24 175.00$ 40 155.00$ 0 -$ 11,480.00$
DRB Final Approvals & Refinements 8 270.00$ 8 175.00$ 8 155.00$ 0 -$ 4,800.00$
90CD / GMP / DRB Tech Review Set / Permit Set 4 270.00$ 24 175.00$ 40 155.00$ 0 -$ 11,480.00$
100CD incorporating Permit/DRB Comments & GMP Qualifications ****2 270.00$ 8 175.00$ 12 155.00$ 0 -$ 3,800.00$
CA Construction Administration *****8 270.00$ 16 175.00$ 16 155.00$ 0 -$ 7,440.00$
As-designed Documentation (AD) + 11 mo. Warranty Mtg ******8 270.00$ 8 175.00$ 12 155.00$ 0 -$ 5,420.00$
Contingency / Reimbursables 3,122.00$
TOTAL 50 122 178 0 65,562.00$
Civil Engineering - JVA
Principal Project Manager Project Enigneer Design Engineer
Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total
Schematic Design Progress to DRB Submission 2 248.00$ 12 212.00$ 32 169.00$ 48 148.00$ 15,552.00$
DRB Prelim Approvals, Planning & Zoning & Refinements **0 248.00$ 4 212.00$ 10 169.00$ 16 148.00$ 4,906.00$
100SD w/ DRB Comments & Consultant Drawings 0 248.00$ 4 212.00$ 10 169.00$ 16 148.00$ 4,906.00$
100DD + State Modular Permit Set ***4 248.00$ 30 212.00$ 60 169.00$ 100 148.00$ 32,292.00$
DRB Final Approvals & Refinements 0 248.00$ 6 212.00$ 16 169.00$ 20 148.00$ 6,936.00$
90CD / GMP / DRB Tech Review Set / Permit Set 4 248.00$ 36 212.00$ 72 169.00$ 144 148.00$ 42,104.00$
100CD incorporating Permit/DRB Comments & GMP Qualifications ****1 248.00$ 4 212.00$ 16 169.00$ 32 148.00$ 8,536.00$
CA Construction Administration *****4 248.00$ 30 212.00$ 45 169.00$ 45 148.00$ 21,617.00$
As-designed Documentation (AD) + 11 mo. Warranty Mtg ******1 248.00$ 8 212.00$ 16 169.00$ 16 148.00$ 7,016.00$
Contingency / Reimbursables 7,193.25$
TOTAL 16 134 277 437 151,058.25$
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Project :Avondale Housing
Restart:Tue, 6/9/2026
date:6/02/2026(modular construction method)
ATTACHMENT D
JVA Structural
Principal PM DE Modeler
Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total
Schematic Design Progress to DRB Submission 20 228.00$ 80 180.00$ 16 108.00$ 42 136.00$ 26,400.00$
DRB Prelim Approvals, Planning & Zoning & Refinements **0 -$ 0 -$ 0 -$ 0 -$ -$
100SD w/ DRB Comments & Consultant Drawings 0 -$ 10 180.00$ 8 -$ 8 136.00$ 2,888.00$
100DD + State Modular Permit Set ***60 228.00$ 94 180.00$ 48 108.00$ 96 136.00$ 48,840.00$
DRB Final Approvals & Refinements 0 -$ 0 -$ 0 -$ 0 -$ -$
90CD / GMP / DRB Tech Review Set / Permit Set 28 228.00$ 96 180.00$ 144 108.00$ 142 136.00$ 58,528.00$
100CD incorporating Permit/DRB Comments & GMP Qualifications ****0 -$ 0 -$ 0 -$ 0 -$ -$
CA Construction Administration *****18 232.00$ 120 184.00$ 114 112.00$ 0 140.00$ 39,024.00$
As-designed Documentation (AD) + 11 mo. Warranty Mtg ******0 -$ 10 184.00$ 20 112.00$ 40 140.00$ 9,680.00$
Contingency / Reimbursables 9,750.00$
TOTAL 126 410 350 328 195,110.00$
Mechanical, Electrical, Plumbing Design + Performance Specifications for Fire Alarm/Fire Protection, Technology, Security + Lighting - Resource Engineering Group (REG)
staff 01 staff 02 staff 04 staff 05
Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total
Schematic Design Progress to DRB Submission 0 -$ 0 -$ 0 -$ 0 -$ -$
DRB Prelim Approvals, Planning & Zoning & Refinements **0 -$ 0 -$ 0 -$ 0 -$ -$
100SD w/ DRB Comments & Consultant Drawings 0 -$ 0 -$ 0 -$ 0 -$ 33,700.00$
100DD + State Modular Permit Set ***0 -$ 0 -$ 0 -$ 0 -$ -$
DRB Final Approvals & Refinements 0 -$ 0 -$ 0 -$ 0 -$ 84,600.00$
95CD / GMP / DRB Tech Review Set / Permit Set 0 -$ 0 -$ 0 -$ 0 -$ -$
100CD incorporating Permit/DRB Comments & GMP Qualifications ****0 -$ 0 -$ 0 -$ 0 -$ 22,200.00$
CA Construction Administration *****0 -$ 0 -$ 0 -$ 0 -$ 11,500.00$
As-designed Documentation (AD) + 11 mo. Warranty Mtg ******0 -$ 0 -$ 0 -$ 0 -$ 28,800.00$
Contingency / Reimbursables 9,040.00$
TOTAL 0 0 0 0 189,840.00$
Code Consulting Services - Shums Coda 8,400.00$
Building Enclosure Consuting - Wiss Janney Elstner Associates Inc (WJE)20,500.00$
Total Consulant Fees 630,470.25$
10% Management Fee 63,047.03$
Total Architecture & Consultant & Management Fees 1,367,113.28$
*refer to the design schedule for approximate dates and durations of phases,
all consultants to allow for up to 90 days of adjustment in the schedule to accommodate approvals and unforseen delays
**100SD incorporates minor Town Staff & DRB feedback on the 11.21.2024 DRB Prelim Submission, substantial redesign efforts are not included
***100DD Set to include all requirements for State Modular Permitting & Final DRB Requirements
****90CD Set to meet all Town of Avon Permit & DRB Tech Requirements / 100CD Set incorporates Permit & DRB Comments & GMP Qualifications
*****Consultants to provide a detailed narrative for CA scope of services, number of site visits and any/all reimbursable expenses for CA
******As-Designed Documentation incorporating design revisions during Construction and (1) 11 month, post occupancy walk thru / warranty mtg
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ATTACHMENT D
Enter Company Name in cell B2.
Enter the name of the Project Lead in cell B3. Enter the Project Start date in cell E3. Pooject Start: label is in cell C3.
item responsibility start end ⌂
Do not delete this row. This row is hidden to preserve a formula that is used to highlight the curren day within the project schedule.
Startup Meetings & Contract Negotiations 5/5/26 8/11/26
Town Council Meeting (contract approval)8/11/26
SD Refinements (includes min. 2 Meetings w/ Town Staff to approve design refinements)8/17/26 9/17/26
DRB Preliminary Design Review Submission 9/17/26 ⌂
Planning and Zoning referral (2nd & 4th Mondays each month)9/21/26
DRB Preliminary Design Review Meeting 10/8/26
Issue 100SD w/ any DRB Refinements & Additional SD Consultant Drawings 10/22/26 ⌂
Schematic Design Construction Estimate (Design Team Pause for Pricing)10/23/26 11/20/26
SD Construction Est. Review & Town Approval to proceed into DD w/ SD Design Scope & Budget 11/23/26 11/25/26
100DD / DRB Final / State Permit Submission (modular components)11/30/26 2/18/27 ⌂
DRB Final Design Review Submission (req'd 3 wks prior to DRB mtg)2/18/26
DRB Final Design Review Meeting 3/11/26
DD Construction Estimate 2/19/27 3/26/27
DD Construction Estimate Review & Town Approval (Incorporate into CD Phase in Progress)3/29/27 4/2/27
State Modular Review Period (estimated)2/19/27 5/14/27
Earliest Fabrication Start of Modular (anticipated to wait until GMP approved 6/14/27)5/17/27
90CD Set / GMP / DRB Technical Review Submission 2/22/27 5/3/27 ⌂
Suggested GMP Pricing / Negotiations 5/3/27 6/7/27
GMP Review & Approval to Submit for Building Permit (GMP Quals inc. into 100CDs)6/8/27 6/11/27
DRB Technical Review Period (estimated) Meeting Req'd?5/3/27 5/31/27
Local Avon Full Building Permit Anticipated Review 6/14/27 8/9/27
100CD incorporating Permit & DRB Comments and GMP qualifications 8/9/27 8/23/27 ⌂
Potential Construction Duration (TBD by contractor)8/24/27 10/17/28
*Town Staff to confirm if any additional TC or P&Z approvals
or meetings are required
*schedule is preliminary for coordination
pending town, owners rep & contractor feedback
⌂ = deliverable / milestone
Avondale Housing
updated 8/03/2026 (modular construction method)
Project :
Start:Tue, 8/11/2026
ATTACHMENT D
Salute to the USA Post 2026 Event Report
August 3, 2026
Page 1 of 4
TO: Honorable Mayor Underwood and Council members FROM: Chelsea Van Winkle, Senior Special Events Coordinator
RE: Salute to the USA 2026 Post Event Report
DATE: August 3, 2026
SUMMARY: This report summarizes findings and observations from the 40th Annual Salute to the USA
event on July 3, 2026. It includes Staff input and operational review as well as guest information from a
new platform, Placer.ai. No Council action is requested.
BACKGROUND: The 40th Annual Salute to the USA took place on Friday, July 3, 2026, at Harry A.
Nottingham Park, bringing the community together for Avon’s signature summer celebration. This free,
family-friendly event featured a headline performance by Grace Potter, with Sophia Scott opening the
evening. Guests also enjoyed a live mural painting, interactive children's activities, and a wide variety of
food and beverage offerings.
The event welcomed an estimated 12,500 attendees through the four primary entrance gates, not including
guests who enjoyed the Nottingham Lake and Beach area. While total attendance was lower than in
previous years, the event remained a tremendous success. Staff adapted quickly to last-minute changes,
including the cancellation of the fireworks display due to regional drought conditions and wildfire concerns,
while still delivering a memorable experience for residents and visitors.
POST EVENT REPORT: The 2026 Salute to the USA was successfully executed through strong
teamwork, effective communication, and meticulous planning across all departments. Returning for its
second year, the food court layout continued to improve guest flow and enhance the overall attendee
experience. The event also built upon ongoing efforts to strengthen sustainability initiatives and safety
practices, supporting Avon’s commitment to producing high-quality community events responsibly.
As Avon's largest and most complex special event, Salute to the USA requires extensive coordination
across marketing, operations, public safety, stage production, guest services, and event activations. Once
again, the event ran smoothly and maintained the high standards guests have come to expect. More than
125 Town of Avon staff members and volunteers contributed their time and expertise, demonstrating
exceptional dedication and collaboration to deliver another successful community celebration.
PLACER.AI VISITOR INSIGHTS: Placer.ai is a new tool Staff is using to analyzes visitor activity using
anonymized mobile location data. The key report highlights are provided below:
1. Average dwell time was 136 minutes, indicating that attendees spent more than two hours at
the event.
2. Visits decreased 10.9% year-over-year compared to 2025.
3. The largest share of visitors originated from Avon (19.5%), followed by Edwards (13.7%),
Gypsum (6.4%), Eagle (5.2%), and Vail (3.1%).
4. The event drew visitors from throughout Eagle County and the Front Range, including
Lakewood, Denver, and Highlands Ranch.
5. Common nearby destinations associated with attendees included local lodging properties, City
Market, Walmart, and Riverwalk at Edwards, showing continued movement between the
event and surrounding commercial areas.
Salute to the USA Post 2026 Event Report
August 3, 2026
Page 2 of 4
6. Visitors spent time at nearby lodging, retail, and recreation destinations before and after
attending the event, indicating that Salute to the USA continued to support broader
community activity throughout Avon.
7. Audience profile data shows attendees came from households with a median income
exceeding $110,000, with approximately 32–34% of households having children.
8. The average household size of event attendees ranged from 2.7 to 2.8 persons per
household.
9. Attendees represented a broad age range, with the largest concentration in the 25-44 age
group (30.0%), followed closely by under 25 (28.8%) and 45-64 (27.7%). Visitors aged 65
and older accounted for 13.4% of attendees.
10. Ethnicity data indicates attendees were predominantly White (57.6%), followed by Hispanic
(33.3%), with smaller shares identifying as Other (5.7%), Asian (1.9%), and Black (1.6%).
11. Education levels were relatively high among attendees, with 46.6% of visitors coming from
households where at least one resident held a bachelor's degree or advanced degree,
including 31.1% with a bachelor's degree and 15.5% with an advanced degree.
12. Psychographic data suggests the event appealed to a diverse mix of audience segments, led
by Significant Singles (20.3%), described as active, independently minded individuals
earning mid-scale incomes. Other prominent visitor segments included Booming with
Confidence (14.9%), Promising Families (14.4%), and Power Elite (10.8%), indicating
strong participation from established professionals, families with children, and affluent
households.
a. The psychographic profile highlights an audience that values outdoor recreation, family-
oriented activities, community events, and active lifestyles, aligning closely with the
event experience offered in Nottingham Park and throughout Avon.
The remainder of this report provides a brief list of what Staff believes functioned well, and areas identified
as needing improvement and/or adjustment. Additionally, a photo gallery is provided as Attachment A.
FUNCTIONED WELL:
1. Despite the cancellation of fireworks due to drought conditions and regional wildfire concerns,
the event was successfully executed and remained a positive experience for guests and the
community.
2. The food court layout located in the Avon Recreation Center parking lot and on Lake Street,
continued to be a success, improving pedestrian circulation, reducing congestion on the field,
and creating additional space for guests to enjoy the concert and park amenities. Added
lighting in the food court improved safety and visibility for vendors and guests.
3. Vendor load-in and load-out operations were efficient, with the designated north-side access
route reducing confusion and allowing road closures to occur ahead of schedule.
4. The single bar on the north side of the field worked well and provided adequate service levels
throughout the event.
5. Public Operations, Buildings, and Special Events Staff remained ahead of schedule and
worked collaboratively throughout setup, event operations, and strike.
6. Sustainability efforts continued to improve, achieving an 86.63% waste diversion rate, an
increase over 2025's 84.10% diversion rate.
Salute to the USA Post 2026 Event Report
August 3, 2026
Page 3 of 4
a. The increased compost dumpster capacity and consolidated waste station placement
enhanced resource recovery operations and supported the Green Team's efforts.
7. Guest activities, including six bounce houses, the climbing wall, and creative activations such
as Frosted Flamingo and Graham Carraway live mural painting, were popular additions that
enhanced the family-friendly atmosphere.
a. The mural painted by Graham Carraway was able to be placed in Town of Avon as a semi-
permanent art piece after the event.
8. Using Evite for VIP guests streamlined the invitation and check in process. VIP operations
continue to function smoothly with dedicated check-in staffing, Public Operations infrastructure
support, and positive guest experiences.
9. Transit operations adapted well to changing attendance patterns, moving over 1,015 riders
and helping ease event egress.
10. Event marketing and promotions included social media, radio advertising and interviews, print
and digital advertising, electronic newsletters, community calendars, posters, and kiosk
signage, creating broad awareness throughout the region.
11. Staff communications, planning materials, and cross-department coordination contributed to
one of the smoothest Salute to the USA events in recent years. 12. The internal and external GIS Map and Event Guide continue to be beneficial to working staff
and guests.
13. Staff Comments: Staff feedback consistently highlighted organization, teamwork,
communication, and the success of the overall event experience.
a. “Pretty much everything! All TOA employees seemed to work in harmony, and our
AWESOME special events team did an extraordinary job with preparation and coordination!!!
b. “Event operations ran smoothly, and attendees seemed to have a positive experience.
Communication regarding assignments and reporting locations was clear from the start. Our
staff shirts and hats made us easy to spot and received a few compliments from the public.”
c. “Grace Potter was amazing. The night went smoothly and visitors seemed to have a great
time. I loved the music and look forward to seeing more great artists in the future. I liked that
there was one bar rather than two this year.”
AREAS FOR IMPROVEMENT / ADJUSTMENT:
1. Continue evaluating operational needs and product ordering when fireworks are cancelled, as
beverage sales patterns differed from previous years. 2. Tried a new traffic plan for egress posed some challenges for residents, guests, and
businesses around West Beaver Creek Boulevard, Beaver Creek access points, and nearby
commercial areas.
3. Consider using additional guest wayfinding signage at road closures, closed park entrances,
beach access points, and shuttle access locations to improve visitor navigation.
4. A vendor exceeded anticipated power consumption, creating a temporary generator issue and
requiring staff intervention. Vendor power requirements should continue to be reviewed in
advance.
5. Sales Wi-Fi service experienced challenges, requiring the bar team to switch to Starlink to
support point-of-sale operations. Staff continue to work with Wi-Fi vendor to improve.
6. Restroom servicing and supply delivery arrived later than expected, resulting in delayed
replenishment of VIP restroom amenities.
Salute to the USA Post 2026 Event Report
August 3, 2026
Page 4 of 4
7. Vendor parking and new access routes generated some confusion for vendors attempting to
access designated parking areas during road closures.
8. Evaluate whether food and beverage offerings should be more closely integrated, as some
guest feedback suggested a desire for beverage service nearer to food vendor areas.
9. Staff Comments: Most staff suggestions focused on traffic management, signage, restroom
support, alternative fireworks programming, and vendor power planning.
a. “Work with bartender staff to enhance face to face interactions with guests.’”
b. “Drone light show or some interesting substitute in event fireworks need to be cancelled
again.” c. “Pavilion terrace lighting for clean-up.”
FINANCIAL CONSIDERATIONS: The Approved 2026 Budget event expense is $378,689 and at the time
of this report, the estimated cost is $297,586 representing savings of $81,103. The savings is primarily
related to $51,940 in the fireworks product, $9,000 from reduced chain link fencing, $12,955 in Public
Operations overtime, and $4,800 in reduced security personnel. The Approved 2026 Budget event revenue
projection is $70,233 ($3,333 in sponsorship, $51,000 in gross revenue from bar sales, and $15,900 in
vendor booth fees), and the estimated actual gross revenue is $56,974 ($7,000 in sponsorship, $35,024 in
bar sales and $14,950 in vendor booth fees). Therefore, at the time of this report, the net expense is
$240,612.
Finally, sponsorship resulted in cash sponsorship of $7,000 (The Westin Riverfront Resort & Spa,
Kensington Development, and PNC Bank) and trade sponsorship of $25,500 (SpringHill and TownePlace
Suites, KZYR, Mountain Beverage, Vail Daily, Vail Honeywagon and Capture the Action).
Thank you, Chelsea
Attachment A: Photo Gallery Salute to the USA
Attachment A: Salute to the USA Photo Gallery
August 11, 2026
ATTACHMENT A:
Salute to the USA Photo Gallery
August 3, 2026
Page 1 of 1
TO: Honorable Mayor Underwood and Council members FROM: Matt Pielsticker, Community Development Director
RE: Village (at Avon) Landscaping Regulations
DATE: August 3, 2026
SUMMARY: This report is included in your meeting packet for your information only, and no action is
necessary. I wanted to provide an update on a recent change to the landscaping regulations for
development within the Village (at Avon) Planned Unit Development (“PUD”). Pursuant to the Village (at
Avon) PUD Guide, as amended, the Village (at Avon) Design Review Board (“DRB”) is the sole review
authority to review and approve landscape design. The DRB reviews development proposals based upon
adopted Design Review Guidelines, which include a landscaping chapter.
The DRB recently took action to update the Village (at Avon) Design Review Guidelines (“Attachment A”).
on July 9, 2026. Chapter 4 of the newly adopted Guidelines bring the standards into complete alignment
with the Avon Municipal Code landscaping chapter (7.28.050). This includes hydrozones, water budgeting,
irrigation requirements, and fire mitigation. This is a major step to implement uniform best landscaping
practices throughout the Town.
Thank you, Matt
Attachment A: The Village (at Avon) Design Review Guidelines Effective July 9, 2026
THE VILLAGE (AT AVON) DESIGN REVIEW
GUIDELINES
Effective as of July 9, 2026
ATTACHMENT A
TABLE OF CONTENTS
1. INTRODUCTION
1.1. PURPOSE
1.2. VILLAGE DESIGN PHILOSOPHY AND THEME
1.3. URBAN DESIGN
2. SITE PLANNING AND DESIGN
2.1. ACCESS AND PARKING
2.2. GRADING AND DRAINAGE
2.3. MAXIMUM SITE COVERAGE
2.4. RETAINING WALLS
2.5. ACCESSORY STRUCTURES
2.6. SERVICE AREAS, LOADING DOCKS, AND TRASH STORAGE
2.7. UTILITY CONNECTIONS
2.8. SNOW REMOVAL AND TEMPORARY STORAGE
2.9. LIGHTING
2.9.1. EXTERIOR LIGHTING
2.9.2. EXTERIOR LUMINAIRES
2.9.3. EXEMPTIONS
2.10. TEMPORARY CONSTRUCTION FACILITIES
2.11. COMMUNICATIONS AND SATELITE DISH ANTENNAE
3. ARCHITECTURAL DESIGN
3.1. MASSING AND SCALE
3.2. ROOFS
3.3. DOORS AND ENTRIES
3.4. WINDOWS
3.5. EXTERIOR WALL MATERIAL
3.6. ARCHITECUTRAL METAL
3.7. ARCHITECTURAL GLASS
3.8. MASONRY
3.9. WOOD AND MANUFACTURED PRODUCTS
3.10. MAXIMUM BUILDING HEIGHT
3.11. SIGNAGE
3.11.1. SPECIFIC PROHIBITIONS
3.11.2. SIGN REVIEW GENERAL RECOMMENDATIONS
3.11.3. SIGNAGE PROCESS
3.11.4. SIGN NOTICE TO COMPLY
3.11.5. MISCELLANEOUS SIGNAGE RULES
4. LANDSCAPE DESIGN
4.1. DESIGN OBJECTIVES
4.2. LANDSCAPE MATERIALS
4.2.1. TREES
4.2.1.1.PLANTING REMOVAL/REPLACEMENT
4.2.2. GRASSES AND SHRUBS
4.2.3. PERENNIALS
4.2.4. MULCHES
4.3. INSTALLATION
ATTACHMENT A
4.4. MAINTENANCE
4.5. LANDSCAPING NON COMPLIANCE AND AUTHORITY TO REMEDY
4.6. LANDSCAPE FURNISHINGS
4.7. LANDSCAPE SIGNAGE
4.8. WALKWAYS AND WALKING TRAILS
4.9. FLAG POLE GUIDELINES
4.10. LOCATION AND IMPACT (POTENTIAL) ON NEIGHBORS
5. THE DESIGN REVIEW AND CONSTRUCTION PROCESS
5.1. THE DESIGN REVIEW BOARD
5.2. BASIS OF REVIEW
5.3. PROCESS
5.3.1. PRE-DESIGN CONFERENCE
5.3.2. PRELIMINARY DESIGN REVIEW
5.3.3. FINAL DESIGN REVIEW
5.3.4. TECHNICAL REVIEW
5.3.5. CONSTRUCTION INSPECTIONS
5.3.5.1.PRE-CONSTRUCTION MEETING (ON SITE TOURS)
5.3.5.2.IMPROVEMENT LOCATION CERTIFICATE AND INSPECTION
5.3.5.3.FRAMING/BUILDING HEIGHT CERTIFICATE AND INSPECTION
5.3.5.4.CHANGES DURING CONSTRUCTION
5.3.5.5.COMPLIANCE INSPECTION AND LETTER OF COMPLIANCE
5.3.6. CONSTRUCTION REGULATIONS
5.3.6.1.CONSTRUCTION FENCE
5.3.6.2.RESTORATION OR REPAIR OF PROPERTY DAMAGE
5.3.6.3.STORAGE OF MATERIALS AND EQUIPMENT
5.3.6.4.SITE CLEANLINESS
5.3.6.5.SANITARY FACILITIES
5.3.6.6.GENERAL CONSTRUCTION HOURS
5.3.6.7.AFTER HOURS
5.3.6.8.CONSTRUCTION NOISE
5.3.6.9.MISCELLANEOUS CONSTRUCTION POLICIES
6. MISCELLANEOUS ITEMS
6.1. COMPLIANCE & COMPLETION REQUIREMENTS
6.1.1. COMPIANCE DEPOSIT
6.1.2. COMPLIANCE INSPECTIONS
6.1.3. NOTICE TO COMPLY DURING CONSTRUCTION
6.2. NON-LIABILITY
6.3. ENFORCEMENT
6.3.1. NOTICE TO COMPLY
6.3.2. VIOLATION ABATEMENT
6.3.3. HEARING
6.3.4. APPEAL
6.3.5. AUTHORITY TO REMEDY
6.3.6. FINES
6.4. FEES, DEPOSITS, AND FINES
6.4.1. RESIDENTIAL
6.4.2. COMMERCIAL
6.4.3. MUNICIPAL, CULTURAL OR RECREATION
ATTACHMENT A
6.4.4. MISCELLANEOUS ADDITIONAL ONE TIME FEES
6.4.5. EXCESS FEES
6.5. MISCELLANEOUS
6.5.1 ADDRESS OF NOTICE
6.5.2 PAYMENTS MADE TO THE DRB
6.5.3 DRB ADMINISTRATOR
APPENDICIES
APPENDIX A DRB APPLICATION FORM
APPENDIX B SCHEDULE OF COMPLIANCE DEPOSITS AND
COMPLIANCE DEPOSIT AGREEMENT
APPENDIX B SCHEDULE OF CONSTRUCTION NON COMPLIANCE FINES
APPENDIX D AGREEMENT TO PAY
EXHIBITS
EXHIBIT A PUD Guide Section D - Development Standards
EXHIBIT B The Village (at Avon) PUD Master Plan
EXHIBIT C Arthur Erickson Resume
EXHIBIT D Design Inspiration Plaza
EXHIBIT E Phase I Grading
EXHIBIT F Canopy Inspiration
EXHIBIT G Planning Area J Design Imagery
EXHIBIT H The Village (at Avon) Design Concept
ATTACHMENT A
1. INTRODUCTION
1.1. PURPOSE
The purpose of this document is to establish The Village (at Avon) Design Review Guidelines
(hereinafter referred to as the “Guidelines”) for all Planning Areas within The Village (at
Avon) (hereinafter referred to as the “Village”). The Village (at Avon) Amended and Restated
PUD Guide (hereinafter referred to as the “PUD Guide”) sets forth certain land use and
development criteria which, together with the Consolidated, Amended and Restated
Annexation and Development Agreement for the Village (at Avon)(“Development
Agreement”), Declaration of Master Design Review Covenants for the Village dated May 8,
2002 (hereinafter referred to as the “Declaration”), and Easements with Covenants and
Restrictions Affecting Land, all as amended from time to time, (collectively the “Control
Documents”) govern the development of the Village, and provide control over the use, location
and massing of buildings or structures on individual sites. These Guidelines are a tool for
making design decisions and set out rules, procedures, and design standards, including
standards for architectural design, landscaping and site planning within the Village.
The Control Documents establish the Design Review Board (hereinafter referred to as the
“DRB”) and create authority for the development and enforcement of these Guidelines, as well
as enforcement of the Control Documents. The DRB is established to review for conformity
with the Guidelines and Control Documents, all Development proposals within the Village or
any portion of the Village. Development is defined as any site preparation; landscaping;
construction, sign or signboard erection or alteration; exterior change, modification, alteration,
substitution or enlargement of any Building (as defined in Section 3.1 Defined Terms of the
Declaration); paving; fencing; wall construction; or otherwise the making, alteration, addition
or removal of any improvements of any kind or nature to any portion of the Property (As
defined in Section 3.1 Defined Terms of the Declaration) or the Buildings or structures thereon.
The DRB’s Scope of Review shall include all aspects of the proposed Development including
but not limited to: (i) size; (ii) bulk; (iii) fenestration and articulation of exterior facades; (iv)
the type, style, size, configuration and power of exterior lighting fixtures; (v) means of ingress
and egress and vehicular access to and between Parcels (As defined in Section 3.1 Defined
Terms of the Declaration of Master Design Review Covenants); (vi) curb cuts; (vii) traffic
patterns; (viii) drives and drive lanes; (ix) the color, quality, type and texture of exterior
construction materials; (x) location, orientation and configuration of any Buildings on a Parcel;
(xi) compatibility and harmony with the topographical features of the surrounding Buildings;
(xiii) compatibility and harmony with the architectural features of surrounding Buildings; (xiii)
consistency with the general design theme/ Design Philosophy (as defined in Section 1.2 of
the Guidelines) of the applicable area of the Village; (xiv) consistency with other Development
on the same Parcel; (xv) site development and site preparation; (xvi) location of parking; (xvii)
landscaping (including location of plant materials); (xviii) use of passive solar design; (xix)
protection of viewsheds; (xx) availability of snow storage; (xxi) provisions for storm water
drainage and retention and the prevention of erosion; (xxii) plant material selection; (xxiii)
irrigation; (xxiv) mechanical trash dumpster and service area screening; (xxv) handicapped
considerations, including compliance with the Americans with Disability Act; (xxvi) signage;
(xxvii) exterior furnishings; (xxviii) irrigation systems; and (xxix) any other improvements or
modifications of any kind or nature to any portion of the Property or the Buildings or other
improvements thereon that affect the exterior appearance there of. Any Development
ATTACHMENT A
proposals that are completely within a Building and do not affect the appearance from the
exterior are the only exclusions from the DRB’s Scope of Review.
The DRB exists to protect the artistic and architectural integrity of the Village, a mixed-use
project with high standards and a unique vision unlike most other mixed-use projects.
Any conflict with these Guidelines or the Control Documents will not be approved and will
subject the Owner (as defined in Section 3.1 of the Declaration) to remedies. The Town of
Avon Building Department shall not accept for processing or approve any application for a
Building Permit (or grading permit) or Certificate of Occupancy unless a certificate of DRB
approval is affixed thereto (See Section 5.3.4 and 5.3.5.5).
All public infrastructure construction (including alterations etc), including but not limited to
roads, landscaping and lighting in the public rights of way (“ROW”) are subject to these
Guidelines. All Town of Avon facilities constructed within the Village shall comply with these
Guidelines.
Due to the phasing of infrastructure improvements there may be interim or temporary situations
where compliance with these Guidelines is not practical or possible. Such a situation will be
determined at the sole discretion of the DRB.
In addition to the Guidelines and Control Documents, there are several other documents that
may affect the design and development within the Village. It is strongly recommended that
Owners and their consultants review all documents prior to making any Development/design
decisions, including the Town of Avon building codes.
1.2. VILLAGE DESIGN PHILOSOPHY AND THEME
The Village Design Philosophy (hereinafter referred to as the “Design Philosophy”) is that in
order to create a unique, pedestrian friendly, vibrant, successful, and long lasting project that
enriches the quality of life and maximizes/enhances and preserves the value of the Property,
the design of all Development within the Village must, among other things, distinguish itself
by being unique, sustainable, interesting, attractive, and must respect the mountain setting as
well as complement the surrounding Development within the Village. The initial phases of
the Village were designed by the late and world-renowned architect Arthur Erickson (resume
attached as Exhibit C), who strove to achieve something unique for the Village. The Overall
Design Theme (hereinafter referred to as the “Design Theme”) is to establish an attractive
appearance for visitors and residents and yet be flexible enough to allow for affordable design
solutions. The Design Theme is a key component of the Design Philosophy. All Development
within the Village will contribute to the cohesive, well planned town setting (as discussed in
Section 1.3). Well designed development that creates an attractive appearance will attract
investors and maximize the value of the Property.
The attractive appearance expected for Development consists of, among other things,
innovative and attractive architecture that promotes sustainable ideas and is sensitive to the
surrounding area. The Village is to be of this time and place where no faux antiquity is required.
The LEEDs certified Traer Creek Plaza is to be considered the standard for attractive
Development because of its quality and its aesthetically pleasing and sustainable and unique
design. An explanation of Traer Creek Plaza is attached as Exhibit D. Due to these elements,
ATTACHMENT A
Traer Creek Plaza meets the Design Philosophy. Traer Creek Plaza is unique, interesting, of
this time and place, and enhances the value of the Village with its careful design, which
includes, among other things, innovative architecture that does not adhere to the typical mixed
use commercial design. The blend of artistry and materials addresses the mountains in form
and shape, utilizes the efficiencies of material, and demonstrates respect for the environment
as well as the mountain community. All Development proposals should use Traer Creek Plaza
as a guide for complying with the Design Philosophy.
The DRB recognizes that in order to encourage development, the DRB must be flexible enough
to accept affordable design solutions while still achieving the attractive appearance expected
at the Village. The DRB will examine the use of expensive materials as well as affordable
alternatives that achieve the same design and appearance. However, the Design Theme exists
to provide the Village with certain assurances. The Design Theme provides that all developers
must understand any proposed Development shall not sacrifice attractive appearance in
exchange for low quality construction. The DRB shall not approve any proposed Development
that ruins the value of the Property because of poor design and cheap solutions to architectural
challenges.
By enforcing the Design Theme and Design Philosophy, the DRB ensures that all Development
is designed with a high standard for architecture and planning, and will prohibit any
Development that could potentially negatively affect the Village by having an unattractive
appearance and therefore reduce the value of the Property. The Wal-Mart and The Home
Depot stores located within the Village were innovatively designed to hide the typically
unattractive box style through architecture and grading (a depiction of the innovation and
extensive grading work done is attached as Exhibit E, and an explanation of the canopies,
including a depiction of the design, is attached as Exhibit F). Specifically, the stores were
pushed into the hillside to “hide” them from traffic coming down I-70, and once in front of the
stores, the canopies disguise the big box feel while paying tribute to the lettuce sheds from
Avon in the 1920s. This creative architectural solution is encouraged and helps satisfy the
Design Philosophy and enhances the value of the Property. The DRB’s expectation is if the
typically unattractive box design can be successfully modified to complement the Village, that
any and all future Development shall, at the very least, follow in kind and further reinforce and
complement the high standard for attractive appearance at the Village.
In addition, the DRB recognizes the impact existing Development has on the design of future
Development. This interrelationship is apparent in the design of Traer Creek Plaza. The
innovative and attractive appearance of the Wal-Mart and The Home Depot box stores
encouraged Traer Creek to avoid designing the standard “L-shaped” building found elsewhere
that is characteristic of mixed use commercial Development. Traer Creek Plaza’s design not
only complements the unique box design but also further promotes architectural innovation, as
well as sustainability (LEEDs certified) and attractive design that sets the example for future
Development expected at the Village. According to Eagle County Health Service District’s
(ECSHD) architects, Traer Creek Plaza had a substantial impact on ECHSD’s design for its
emergency response station. Of note, ECHSD designed their emergency response station to
be a LEEDs certified, architecturally innovative and attractive Building rather than design a
standard emergency response station. The DRB will not accept exceptions to the Design
Theme and Design Philosophy that break the pattern of unique and attractive architecture for
ATTACHMENT A
Development at the Village, as any exceptions will negatively impact the Village and will
promote unattractive architecture for Development in the future.
It is in the DRB’s sole and absolute discretion to decide whether or not the design and
architecture of any Development proposal is in compliance with the Guidelines and Design
Philosophy.
1.3. URBAN DESIGN
Urban Design, as related to these Guidelines, refers to all aspects of the development,
excluding architecture, within the urbanized area of the Village south of Interstate Highway
70. It includes the relationship of Building to site and outdoor spaces, parking areas and access,
pedestrian ways and sidewalks, landscaping, streetscapes and street furniture, sculpture, signs,
fencing, and lighting. Generally all those elements that create the image of a town and how
they are combined are considered Urban Design, and should be considered during the design
process.
ATTACHMENT A
2. SITE PLANNING AND DESIGN
Surrounding the Buildings and along the public ways (and within ROW), landscape plantings,
walks, public lighting, site furnishings, and signage shall create a year-round synergetic, coherent,
and environmentally friendly and festive atmosphere. It is the combination of the architectural
and landscape styles as well as site planning that will create a cohesive image to the entire
development and help achieve the Design Philosophy.
Site Planning is a critical part of the design process; it involves the location and orientation of
Buildings, driveways and other improvements with respect to the topography and general terrain.
The individual site and its relationship to its surroundings, as well as the roads, parking areas,
pedestrian access ways, scenic values, sun exposure, and climatic orientation should be the
dominant factors in the design and siting of the Building. The Village will share common
connectors of vehicular and pedestrian traffic. These links will be connections of similar design
details, utilizing both natural and man-made design elements. The carefully planned transition
between auto and pedestrian is an important element that encourages the use of convenient parking
and inviting pedestrian paths. The pedestrian path should reward the user with natural stimulus as
well as water features, pocket parks and centers of activity. Generally, Buildings and
improvements should be designed and sited to maximize the attributes of a site (and conform to
the terrain and take advantage of the views) while minimizing the disturbance of the site’s natural
features. Terraced Buildings and parking will minimize site disturbance, provide less costly
construction and provide opportunities for privacy and views by grade separation. A well-
designed site plan must be created in concert with the architectural and landscape design of the
site, as well as complement the Village. It is in the DRB’s sole and absolute discretion to determine
what does, or does not, complement the surrounding development as well as meet the Design
Philosophy.
The staging and/or storage of any materials (including merchandise) within the Village shall be in
violation of these guidelines unless approved by the DRB. Each owner is to maintain a clean and
attractive appearance so as to maximize sales and respect the mountain environment and its
constituents. The Village is to be a first class and attractive development. The DRB can review
on a case by case basis areas designated on a site plan for storage and staging as well as
merchandise display however under all circumstances the property shall be kept in a clean,
attractive, first class manner to prevent buildup of clutter and other eye sores that detract from the
appearance of the Village. The intent is to have a first-class development that does not have clutter
or eye sores and everything must be maintained in a first class and professional manner.
2.1. ACCESS AND PARKING
All Development is required to address vehicular and pedestrian circulation both through the
Owner’s site and the Village. All parking lots, parking spaces, and access ways shall be in
compliance with Exhibit C to the PUD Guide and in accordance with the DRB’s
recommendations.
Planning Area A –Parking within Planning Area A generally should be underground or
structured for commercial and residential development due to the pedestrian friendly nature
of Planning Area A and the high density allowed. If parking is above ground, it is
recommended that the parking be enclosed and structured, however the DRB recognizes
that certain development will require surface non structured parking. Parking will be
ATTACHMENT A
reviewed on a case-by-case basis to ensure that the mixed-use pedestrian nature of Planning
Area A is maintained.
Planning Area B - TBD
Planning Areas C and D - TBD
Planning Area E – TBD
Planning Area F – underground and surface parking are acceptable, depending on the
product.
Planning Area G – underground parking is highly encouraged.
Planning Area H – surface parking acceptable.
Planning Area I, J – surface parking is acceptable if site planning minimizes the visual
impact of such parking. The DRB recognizes that highway oriented development will
require surface parking.
Planning Area RMF-1 – TBD.
Planning Area RMF-2– only one surface parking space per unit is allowed, all others must
be enclosed or underground.
Planning Area K-TBD
Access to the building sites will require careful consideration of, among other things, the
existing topography, buildings’ solar orientation, and the integration of the present and future
public vehicular and pedestrian systems. Complete vehicular circulation, including back up
and turn around areas, if applicable, must be provided. Driveway or maneuvering areas within
a parking lot must be designed to provide for safe and reasonable maneuverability of vehicles.
Permanent parking areas must be concrete, asphalt, or other hard surface with spaces clearly
marked. If possible, the use of permeable asphalt or concrete is encouraged. The use of
permeable pavement and grass within parking areas is encouraged but not required by the
DRB. Avoiding the sea of asphalt feel is something that can provide interest to a project at the
same time as benefiting the environment. See the energy center conceptual imagery in Exhibit
G for an example. Two handicapped stalls per each 100 stalls are recommended. All parking
spaces within permanent paved parking areas must be striped in a manner clearly showing the
layout of the intended stall. All parking areas must be maintained in a safe and sanitary
condition and kept in good repair. Provisions should be made for the plowing and offsite
transportation of snow from all outdoor surface parking areas and in accordance with Section
2.8. Outdoor spaces, such as courtyards and plazas, should have southern exposure to extend
the periods of seasonal use and comfort. However, within these spaces, there should be a
variety of sun and shade conditions to allow full use during the extreme heat of summer months
and take advantage of warm winter days. North facing entries and outdoor spaces should be
carefully considered because of winter conditions.
ATTACHMENT A
The Town of Avon is responsible for installation and maintenance of the public improvements
within the ROW. The Town of Avon is responsible for keeping in good condition and
maintaining all sidewalks, storm drain ditches, driveway culverts, landscaping etc, within the
ROW pursuant to the Avon Municipal Code as of November 1998. Any work performed within
the ROW that disturbs landscaping, sidewalks etc, shall be returned to its original, undisturbed
condition by whoever disturbed it. Owners are responsible for the maintenance of
Development within their property. All parking areas are to be designed to meet the applicable
rules and regulations and meet ADA standards. Consideration for the handicapped should be
a part of the design process for any project in accordance with appropriate ADA standards.
The DRB encourages, in all cases, the use of underground and structured parking as opposed
to large surface parking fields, as such fields generally do not fit into the Design Philosophy.
In cases where surface parking is permitted, cross slope parking lot grades should not exceed
5% (see PUD Guide for Recommendations). Portions of parking lots that do not include
parking stalls may exceed 5% grade as necessary to adjust for drainage or terrain
considerations. Parking lot designs shall accommodate access for emergency vehicles and
allow for adequate vehicle maneuvering on site. All parking lots must be designed to ensure a
functional drainage plan. Drainage swales should not surface drain across major pedestrian
walkways and major access points. Parking area islands shall be protected by a raised curb and
gutter system. In addition, surface parking fields will need to be diffused by the planting of
large amounts of trees, shrubs, and grasses. The DRB will require this as parking fields do not
fit into the Design Philosophy. Trees and shrubs should be selected from the DRB plant
recommendation list detailed in the Guidelines. The size and height of trees shall be varied and
all tree plantings should be arranged into naturally appearing groupings unless specifically
instructed by the DRB to do otherwise. Shrubs should be placed at the outer edge of tree
groupings to add mass and shape. Formal lawn areas may be used in key parking lot locations,
as determined by the DRB; otherwise the use of native grasses is encouraged within the parking
area landscape islands. The Owner of any project will submit a Landscape Plan to the DRB
(See Section 4 Landscape Design). The DRB expects every Owner to properly maintain the
landscaping in accordance with the Landscape Plan and Section 4.
2.2. GRADING AND DRAINAGE
Design plans must indicate the type, method and placement of erosion control structures both
during and after construction. The Owner is responsible for preventing erosion of the site both
during construction and after the project is complete. Runoff of silt, debris or sedimentation
onto adjacent streets, gutters, sidewalks, ROW, storm drain systems or adjacent properties
should be avoided. The Town of Avon’s storm water and drainage manual should be reviewed
and used as a guide. Individual lots are not to drain to public streets or common open areas,
unless drainage is in planned drainage channels or drainage easements. Drainage swales
should not surface drain across major walkways or trail systems. Drainage can be piped or
rock lined if flows are significant and/or if it flows into natural channels. Parking bays and
walkways should not slope toward the Building without adequate provisions for draining storm
water away from the structure. All impermeable areas must be sloped to drain properly.
Impermeable areas must be designed to carry surface water to the nearest practical street, storm
drain or natural water course approved by the DRB. Concentrated flows of water from parking
areas should be collected in an appropriate manner. A detailed drainage study must be prepared
by a Civil Engineer and submitted to the DRB prior to any approval.
ATTACHMENT A
Ground shall slope away from all Buildings at a minimum of five percent (5%), unless
otherwise specified by the Geotechnical and Civil Engineers Report.
All planted areas should not exceed a maximum slope of 2:1 with a minimum of two percent
(2%). All grass areas should not exceed a slope of 4:1 with a minimum of two percent (2%).
These slopes are specified in order to promote maximum growth. In certain cases, and in the
DRB’s sole and absolute discretion, different slopes may be considered, but in all cases must
be in accordance with the Control Documents.
All paved streets, driveways (with curb and gutter), and parking surfaces/bays should have
positive drainage with a minimum of one-half percent (1/2%). Parking surfaces/bays should
have a maximum grade of five percent (5%) to ensure pedestrian safety on ice and snow.
All walkways and other paving should have positive drainage with a minimum of one (1%)
percent and a maximum of five percent (5%). Any required ramps are not to exceed eight
percent (8%). Walkway slopes should be kept to a minimum to ensure pedestrian safety in the
winter.
2.3. MAXIMUM SITE COVERAGE
Maximum site coverage for all Buildings is 30% or as the DRB recommends (the “Building
Coverage Ratio”). Site coverage for all impervious materials should not exceed 50% but will be
reviewed on a case-by-case basis (the “Site Coverage Ratio”). Certain commercial development
may require a Site Coverage Ratio in excess of 50%. Owner should demonstrate a need to exceed
the Site Coverage Ratio . Notwithstanding the foregoing, Planning Area A and Planning Area J
are exempt from the Building Coverage Ratio and Site Coverage Ratio. Owner must, in all
circumstances, comply with the minimum landscaped area and site coverage as required by the
PUD Guide.
2.4. RETAINING WALLS
Retaining walls should be utilized only in those areas of the site where furnished grading
cannot meet typical engineering standards. Retaining walls shall blend into the surrounding
landscape so that the negative visual impact is minimized. Creative design of retaining walls
with grass and other vegetation growth is encouraged. The DRB may allow the use of textured
concrete or concrete with stone veneer, stone or similar materials to diffuse the visual impact
of the retaining wall without any grass or vegetation growth on a case by case basis. Poured
in place concrete walls should be treated with a form liner or other decorative pattern.
Retaining walls will be reviewed on a case by case basis. The engineering, necessity, style,
and design of the retaining wall will be subject to DRB approval. The DRB prefers a stepped
series of lower retaining walls versus a single high wall with an unbroken vertical face. Steps
should have an adequate minimum horizontal distance to allow for adequate landscape
treatment. All walls shall be structurally designed and certified by a licensed engineer.
Retaining walls may be used to elevate ornamental planting areas adjacent to a Building and
pedestrian walkways. In such instances, and where appropriate, the wall height and cap design
should encourage pedestrian seating. The wall height and cap will be reviewed on a case by
case basis.
2.5. ACCESSORY STRUCTURES
ATTACHMENT A
All accessory structures must be approved by the DRB. Any accessory structures on a Building
site shall be compatible with the design and materials of the primary Building and shall be
screened. Temporary structures, including but not limited to tents and canopies, may be
approved by the DRB but will be reviewed on a case by case basis. Any temporary or
permanent accessory structures must be in accordance with all applicable rules and regulations.
2.6. SERVICE AREAS, LOADING DOCKS, AND TRASH STORAGE
Service areas, such as loading bays, recycling areas, dumpsters, compactors, storage areas and
large utility equipment (including ground mounted equipment such as power transformers and
air handling equipment), must be enclosed, screened, or located such that they are not visible
from the streets and adjacent land uses such as pedestrian access ways so that they do not
negatively impact the Village by being in the public view. The Owner of the Parcel where
utility equipment etc is located is responsible for screening, even if such equipment serves
other Parcel Owners. The enclosure or screening material must be architecturally consistent
with and integrated into the design of the Building (fence or landscaping should be acceptable),
and is subject to review by the DRB and will be approved on a case-by-case basis.
Transformers, will, whenever possible, occur to the side and rear of Buildings.
In some planning areas the DRB will allow a careful arrangement of screening walls and trees
to mitigate these features. Trash Dumpsters should be properly screened on all sides with a
minimum of 6’ high fence or walls, with access gates and roof enclosure (if located outside).
Trash compactors should be properly screened but without a roof enclosure. Vacuum breakers
(irrigation equipment) will be located below grade in inspection pit housings or adequately
screened by landscaping.
2.7. UTILITY CONNECTIONS
Gas meters, electric panels, telephone equipment, utility boxes etc. must be enclosed or
screened. They should be located away from Buildings and toward Parcel property lines such
that they are visually screened from the street and adjacent land uses such as pedestrian access
ways. The enclosures and screens must be architecturally consistent with and integrated into
the design of the Building and are subject to review by the DRB and will be approved on a
case-by-case basis, but in all instances plant material should be used to screen these boxes.
Fencing may be used in combination with plant material. Utility connections and phone
pedestals, meters, will, whenever possible, occur to the side and rear of Buildings. The location
of utility connections should be carefully considered during the site planning process.
2.8. SNOW REMOVAL AND TEMPORARY STORAGE
All Commercial and Mixed-Use Development, including within ROW, must be able to
adequately accommodate the heavy snowfall typical in the area without causing accumulation
of snow piles unless temporarily necessary in preparation of snow removal, and must be in
conjunction with approved drainage easements. Snow piles are unsightly, are hazards to traffic
that can block ingress and egress and view corridors, cause safety issues, cause potential fire
hazards, and do not conform to the Design Philosophy. In all cases, each Owner must respond
(by plowing and preparing for offsite transportation) immediately to all snow events resulting
in accumulation of 1 inch of snow or more, and all snow must be transported to an off-site
location within 24 hrs of such snow event. Should several snow events take place over
consecutive days, or should there be one extremely large snow event, such that there is so much
snow that it is unreasonable to remove all snow within 24 hrs of the last snow event, then the
ATTACHMENT A
Owner must ensure that the snow is continuously and diligently being transported offsite to
prevent accumulation of snow piles. Should the Owner not remove the snow as required above
then the Owner is in violation of the Guidelines. The DRB will send a Snow Removal Notice
to Comply (See below for Standard Snow Removal Notice to Comply) describing the
noncompliance and the Deadline for Snow Removal. The Deadline for Snow Removal will be
the date, as determined by the DRB, when all snow piles should be transported offsite. When
determining the Deadline for Snow Removal, the DRB shall take into account the date in
which, had the Owner diligently and continuously been removing snow, the snow would have
been transported offsite and in accordance with these Guidelines. Such Notice shall also
contain the Schedule of Snow Removal Fines (as written below), as well as the Snow Removal
Self Help date (as written below). Snow piles remaining after the Deadline shall be subject to
the following Schedule of Snow Removal Fines:
1st, 2nd calendar day after Deadline, fines shall accrue at a rate of $200 per calendar day.
3rd, 4th, 5th calendar day after Deadline, fines shall accrue at a rate of $400 per calendar day.
6th, 7th calendar day after Deadline, fines shall accrue at a rate of $600 per calendar day.
In addition, the DRB has the authority, but not the obligation, to enter upon a site and undertake
such snow removal work (Snow Removal Self Help) as may be required to completely remove
all snow piles in order to meet the quality of appearance that is consistent with the Design
Philosophy and in compliance with the Guidelines. The Snow Removal Self Help date shall
be the 8th calendar day after the Deadline.
Standard Snow Removal Notice to Comply:
Snow Removal Notice to Comply
Dear Owner,
You are hereby notified that you and your Parcel, specifically Parcel _____, are in violation
of The Village (at Avon) Design Review Guidelines (the Guidelines). You are not removing
snow in accordance with Section 2.8 of the Guidelines, and as a result snow piles have
accumulated on your land. This letter shall serve as official Notice that all snow piles must be
transported offsite by (date), the Deadline for Snow Removal. Failure to do so will subject
you to the daily accrual of fines (see attached Snow Removal Schedule of Fines). In addition,
if any snow piles remain on the 8th calendar day after the Deadline for Snow Removal, the
Design Review Board (the DRB) reserves the right to Snow Removal Self Help, as defined in
the Guidelines. The DRB shall collect all fines accrued and all costs incurred in bringing you
and your Parcel into compliance in accordance with the Guidelines. The fines accrued
constitute Noncompliance Assessments, and any self-help expenses incurred by the DRB
constitute Reimbursement Assessments, both as defined in the Guidelines.
An area equal to 15% of the total impermeable surfaced areas of the site, upon which above
ground construction does not occur, shall be designated and developed as a temporary snow
storage area. Designated temporary snow storage areas shall be located and developed to be
compatible with snow removal operations, not less than six (6’) feet wide, and shall be adjacent
to the impermeable areas from which snow is to be removed. Run-off from snow storage areas
shall be directed through a detention/water quality basin for treatment of run-off from parking
and driveway areas or as the DRB recommends.
ATTACHMENT A
On-site temporary snow storage requirements may be waived by the DRB upon the
demonstration that an appropriate alternative temporary snow storage site is available and that
arrangements have been made for the snow removal and off-site storage in accordance with
these Guidelines.
2.9. LIGHTING
All exterior lighting is subject to DRB approval.
Preservation of the darkness of the night sky is of great importance to the community.
Nighttime lighting on a site shall be designed to minimize glare, light trespass and light
pollution and to conserve energy and maintain night-time safety.
Lighting systems serve functional and aesthetic roles in commercial areas. These roles are; to
provide security and visual safety, to serve as directional indicators for both vehicular and
pedestrian traffic; to provide extended outdoor use time, particularly in gathering areas; and to
reinforce the identity and character of a Development through form, color and materials of
fixtures, visual light quality, and placement. Lighting should be utilized to enhance the
Building design and to complement the integration of a Building into its setting. Every effort
should be made to conserve energy and resources and minimize negative impact of electric
lighting such as light pollution, light trespass and glare. Lighting levels should not exceed
IESNA recommendations. The use of low-level light sources at the pedestrian scale to accent
or illuminate the ground plan provides a special opportunity to reinforce the unique identity
and “sense of place” found in the area. This is achieved by a variety of lighting fixture types
and lower mounting heights. At night, these design elements provide light for safety and
aesthetic effect. By day, the physical shapes and sizes lend animation and scale to pedestrian
spaces. Fixtures at a height of 16” can be utilized to illuminate pedestrian traffic areas.
Additional pedestrian scale lights may be utilized, including smaller bollard light (42” height)
and canister type lights on overhead structures.
2.9.1. EXTERIOR LIGHTING
All exterior lighting is subject to DRB approval and applicable Electrical, Energy and
Building Codes.
Preservation of the darkness of the night sky is of great importance to the community. All
lighting shall comply; this includes, but is not limited to, new lighting, replacement
lighting, or any other lighting whether attached to structures, poles, the earth or any other
location.
Exterior lighting shall have minimum adverse environmental impacts such as glare, light
trespass and light pollution and should conserve energy and maintain night-time safety,
utility, security, productivity, enjoyment and commerce.
Area lighting, Building-mounted lighting, pedestrian lighting, and all other site lighting
should utilize white light sources such as LED, fluorescent, induction, and metal halide
lamps. All light sources should have Color Rendering Index of not less than 70. High
pressure sodium and mercury vapor lamps shall not be used.
ATTACHMENT A
Total Allowable lumens per non-residential site for exterior lighting should not exceed one of
the following:
For projects with up to 12 parking spaces (including handicapped accessible spaces) – 700
lm/space
2.5 lm/ft2 of any hardscape
22,000 initial lumens per site of basic allowance plus any of the following:
• 20 lm per linear foot of hardscape perimeter
• 2 lm/ft2 of hardscape
• 2000 lm per door when luminaire is located within 20ft of the doorway
• 4000 lm per primary entrance for Senior Care Facilities, Police Stations, Hospitals, Fire
Stations and Emergency Vehicle Facilities an additional is allowed, provided that
luminaire(s) is installed within 100ft of entrance doors
• 2700 lm per drive up window provided that luminaire (s) are located within 2 mounting
heights of the sill of the window
• 10 lm per square foot of a Guardhouse plus 2000 SF per vehicle lane provided that
luminaires are located within 2 mounting heights of a vehicle lane of the guardhouse
• 1 lm/ft2 for outdoor dining providing that luminaires are located within 2 mounting
heights of the hardscaped area of outdoor dining
• 0.2 lm/ft2 for special security lighting for retail parking and pedestrian hardscape
identified as having special security needs
• 5 lm/ft2 for total illuminated area of a Vehicle service station hardscape area less any
area of the Building, area under canopies, area off property, or areas obstructed by signs
or structures providing that luminaires are illuminating only hardscape area and are not
within the Building, below canopy, beyond property lines, or obstructed by a sign or
other structure
• 30 lm/ft2 for vehicle service station canopies for the total area within the drip line of
the canopy provided that luminaires are located under the canopy
• 7500 lm per fueling side, maximum 2 sides, for vehicle service station uncovered fuel
dispenser provided that luminaires are located within 2 mounting heights of the
dispenser
• 10 lm/ft2 for all other sales canopies for the total area within the drip line of the canopy
provided that luminaires are located under the canopy
• 5 lm/ft2 for all other non-sales canopies for the total area within the drip line of the
canopy provided that luminaires are located under the canopy
Luminaries with 3,500 total initial lamp lumens or greater shall be “full-cutoff” in style (as
designated by the Illuminating Engineering Society of North America). The maximum
mounting height for pole-mounted parking lot luminaries in all cases shall not exceed 25
feet above grade, including the height of the pole base.
Pedestrian areas should provide light for safety and aesthetic effect. By day, the physical
shapes and sizes lend animation and scale to pedestrian spaces. Luminaries with lamps
that produce 3100 total initial lamp lumens and more shall be “cutoff” in style for glare
control. The maximum height of pedestrian light poles shall be 15 feet.
ATTACHMENT A
Every effort shall be made to improve quality of lighting and high visibility by high
uniformity of light levels, while not exceeding recommended light levels. The number of
luminaries mounted on a single pole shall be determined by the DRB.
Lights which flash, move, revolve, rotate, flicker, or vary in both intensity and color to
emit intermittent pulsation shall be expressly prohibited as fixed light sources. This does
not include holiday/seasonal lighting, which is temporary in nature for the holiday/season.
All holiday/seasonal lighting, including type and duration, will be reviewed by the DRB
on a case by case basis.
Automatic controls should be provided that automatically extinguish all outdoor lighting
by day using a switchable device such as photoelectric switch, astronomic time switch or
a control system such as a programmable lighting controller, Building automation system,
lighting energy management system or equivalent.
Automatic lighting controls are not required for the following:
Lighting under canopies
Lighting for tunnels, parking garages, garage entrances and similar conditions from
dawn to dusk. The total outdoor lighting lumens shall either be extinguished or at
the minimum reduced by 30%. Lighting reductions are not required for any of the
following:
• When there is only one non conforming luminaire on the Owner’s property
• Code required lighting for steps, stairs, walkways, and points of ingress and
egress to buildings and other facilities
• When in opinion of Authority, lighting levels must be maintained
• Motion activated lighting
• Lighting governed by special permit in which times of operation are specifically
identified
• Residential lighting
2.9.2. EXTERIOR LUMINARIES
2.9.2.1.Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings
A luminaire may be used if it is rated as follows according to LZ1 classification. If
luminaire is installed in other than intended manner, the rating shall be determined to
account for the actual photometric geometry.
Backlight, Uplight and Glare ratings are based on a zonal lumen calculations for
secondary solid angles defined by IESNA TM-15-07, addendum February 2009
http://www.ies.org/PDF/Erratas/TM-15-07BUGRatingsAddendum.pdf
The zonal lumen threshold is based on data from photometric testing procedures
approved by the illuminating Engineering Society of North America for Outdoor
Luminaires (LM-31 or LM-35).
ATTACHMENT A
2.9.2.2.Allowable Back light Rating
> 2 mounting heights from property line B1
1 to 2 mounting heights from property line and B1
properly oriented with backlight towards property line
0.5 to 1 mounting heights from property line and B1
properly oriented with backlight towards property line
< 0.5 mounting heights from property line, adjacent to a street B0
and properly oriented with backlight towards property line
< 0.5 mounting heights from property line and B0
properly oriented with backlight towards property line
2.9.2.3.Allowable Uplight Rating U1
2.9.2.4.Allowable Glare Rating G1
2.9.3. EXEMPTIONS
The following are general exemptions that will be reviewed on a case by case basis by the
DRB with the understanding that it might not be reasonable to comply with the Guidelines.
This in no way precludes the DRB from reviewing any of these and Owners must receive
DRB approval for any and all exemptions:
Lighting equipment within ROW or easement for the principal purpose of
illuminating streets, roadways and/or other areas open to public transport by vehicle
or pedestrian traffic. No exemption shall apply to any lighting equipment within
ROW or easement when purpose of luminaire is to illuminate areas outside the
ROW or easement.
Lighting equipment for roadway rest areas without gas stations, restaurants or retail
stores
Lighting equipment for public monuments, statuary, and the current flag pole in
planning area K.
Temporary lighting equipment for theatrical, television, performance areas and
construction sites.
Lighting equipment for swimming pools and other water features.
Temporary lighting equipment and seasonal lighting equipment provided that
individual lamps are 10w or less.
Lighting equipment that is only used during emergency conditions.
ATTACHMENT A
Lighting equipment that is only used for security and controlled by a motion sensor
with photoelectric switch.
When lighting equipment is specified and identified in a specific special use permit.
When lighting equipment required by laws and/or regulations of a government,
authority or entity having applicable jurisdiction.
All exterior Building and Development lighting is subject to DRB approval. All lighting
shall be properly maintained.
2.10. TEMPORARY CONSTRUCTION FACILITIES
Prior to mobilization onto a building site the DRB must review and approve all temporary
construction facilities. A complete construction facilities plan, including a Site Plan with
parking and delivery locations, office trailer locations, and lay down areas, must be submitted
to the DRB. Elevations of all construction trailers, including colors and exterior lighting, all
fencing materials and locations, all construction and development signs, must be submitted for
review and approval in a timely manner.
2.11. COMMUNICATIONS AND SATELLITE DISH ANTENNAE
All satellite dishes, communication antennae, cameras etc shall be subject to formal DRB
review and approval on a case by case basis. Communications and Satellite Dish Antennae
shall be hidden from sight.
ATTACHMENT A
3. ARCHITECTURAL DESIGN
The DRB is looking for Buildings that not only provide a container for their program, but also
engage and enhance the setting by being sensitive to the quality of space created and defined
outside the exterior walls. The architectural design consists of a minimalistic approach that uses
natural materials that complement the mountain surroundings utilizing four-sided architecture.
The Development Standards (Section D) within the PUD Guide are attached hereto as Exhibit A
and are incorporated into this section of the Guidelines. The Village PUD Development plan is
attached hereto as Exhibit B and these Guidelines and the Planning Areas discussed below
correspond to Exhibit B. Also attached as Exhibit H are general design concept imagery that the
DRB is looking to achieve within the Village.
Planning Area A – Village Center Mixed Use Project
The Village Center will be the heart of pedestrian activity within the Village. This mixed-use
planning area has building heights as set out in the PUD Guide. Per the PUD Guide, the density
will not exceed 25 residential dwelling units per acre over the entire Planning Area. It is intended
to be zero lot line Development along a main street(s), with a mix of shops, restaurants, and retail
store fronts overlooking a landscaped street on the ground level. Residential product will be an
important part of the village feel, and the upper floors of residential will energize the streets with
activity. Green roofs, gardens, terraces, and balconies will add to the character of the Village
Center and encourage sustainable living.
Planning Areas B - Community Facilities
This Planning Area is located within the Village Center and will create a destination for cultural
and recreational activity in the Village. This planning area will work to bring guests and customers
to the commercial component of the Village Center, while utilizing the Village Center
infrastructure. Synergy with the surrounding area will be of utmost importance to maximize the
vibrant community feel that Planning Area A is to bring to the Avon community.
Planning Areas C, D – Village Residential Mixed-Use Projects
These planning areas provide sites for residential and lodging uses and accessory facilities to serve
the needs of residents and guests of the upper Eagle River Valley. In addition, those portions of
the development located along Main Street will potentially have Commercial Uses.
Planning Area E – School
Planning Area E’s purpose is to mitigate the impact of the Residential Uses proposed within the
development within the Village by providing land for school needs generated by the Residential
Uses proposed for development within the Village directly for the benefit of the children of the
Town as reasonably necessary to serve the Village and residents thereof. Planning Area E
development should complement Traer Creek Plaza and the surrounding development. There are
further terms and conditions on the use of Planning Area E set out in the Development Agreement.
Planning Areas F, G, H, and I - Regional Commercial Mixed-Use Projects
To provide sites for a variety of commercial, residential, and mixed-use projects.
Planning Areas J– Regional/Neighborhood Commercial and Residential Mixed Use Projects
ATTACHMENT A
To provide sites for a variety of highway oriented commercial, residential, lodging and service-
oriented uses and activities. Examples for design inspiration for Planning Area J commercial are
included in the PA-J Attachment Exhibit G.
Planning Areas K, RMF-1, RMF-2
(TBD) – the Development Standards specified in the PUD Guide for these areas are controlling
and all Development in these areas must, at a minimum, comply with the Development Standards
in the PUD Guide.
Planning Areas PF-1 – PF-3: Public Facility To provide sites for public facilities as set out in
the PUD Guide. Architecture shall be of the kind and quality that is consistent with the surrounding
development.
The architecture at the Village should create visually pleasing, enjoyable Buildings and structures
that create an architecturally vibrant Village. Buildings shall include quality design details and
utilize elements of design that will add context and interest to achieve the Design Philosophy. The
standard for architectural design shall be Traer Creek Plaza.
All Buildings within the Village are required to meet the setbacks, height limitations, density
allowances, parking requirements and minimum landscaped area as defined in the PUD Guide for
all Planning Areas.
Each Building must be a unique expression that complements the Village by contributing to the
fabric as one among many, not to stand alone. The designer is to establish a unique stylistic
expression, while using complementary forms of material and color.
3.1. MASSING AND SCALE
All commercial (such as small to mid to large size boxes, mixed-use), public-use/Municipal
Buildings, and in some cases residential apartment buildings, are boxy and out of human scale,
primarily for economic reasons. The goal is to have the design professional break up the
Building massing and add the layering of architectural elements to create a more pleasant
presence to the Building user. Traer Creek Plaza has set the standard for mixed-use
economically sustainable Buildings that are innovatively designed to eliminate the standard,
and out of human scale, Building design. The Plaza has avoided standard boxy architecture
altogether, and should be an inspiration to any future Development design.
All Buildings must face the street and take suitable measures to minimize its impact on all
visible facades.
It is encouraged to use elements to break down the out of human scale and boxy architecture
and create interest. Covered circulation, shading devices, canopies, Building entries can all be
used to accomplish this. The Wal-Mart and The Home Depot canopy design are the standard
for diffusing the standard box architecture typical of larger boxes as well as smaller commercial
users.
Passive solar design as a component of the architectural design of individual Buildings is
encouraged.
ATTACHMENT A
All exterior retail display areas will be screened. All roof mounted machinery, vents, fans, etc.
will be screened and hidden from sight. All loading and refuse areas, mechanical or utility
equipment will be screened.
3.2. ROOFS
Each Building is encouraged to utilize green roof technologies while creating a unique
expression of quality. It is recommended that primary roofs are to be “green roofs” or “grass
roofs” simple in form and skyline. Roofs may be exterior usable space or a site for photovoltaic
or hydronic collectors. Alternatives are acceptable, to be reviewed and approved by the DRB
on a case-by-case basis.
Acceptable roof materials include “green roofs”, unglazed concrete tile, solar paneling, slate,
copper or standing seam rusty metal (see architectural metals), asphalt shingles (or similar
roofing materials). Other types of roofs may be approved by the DRB on a case-by-case basis.
Roof colors should generally be subdued natural or earth tones, however other colors may be
allowed to meet standardized designs of individual commercial establishments. Roofs that
have reflective materials generally will not be approved except at the sole discretion of the
DRB. The Owner must take into consideration the appearance of the roof from Development
that occurs above the Owner’s Development.
PA-J Commercial Roof specifics – As shown in Exhibit H, canopies and roofs are to be natural
tones and the siding adjacent to the roof should be the same material as the roof with consistent
quality. The Eagle Country Ambulance Response station provides a good example of the type
of roof acceptable to the DRB. The roofs and canopies should have a curve or an angle to the
roof. The DRB encourages the use of angles so that the roof or canopy is not just a flat roof
without any interest. To the extent roofs are “living roofs,” the roof should be oriented to the
north so as to maximize growth due to the harsh environment. Lighting underneath the roof
and canopy should add an interesting element to the feel of the development. To the extent
that the roof or canopy is visible below from Post Blvd or Traer Run the canopy should be of
an interesting architecture. The Wal-Mart and Home Depot canopies are good examples of
the type of architecture that can be used to add interest to a canopy as well as diffuse the box
feel.
All points of pedestrian entry must be protected. Landscape features can also be utilized in
snow shed areas to direct pedestrian or vehicular traffic beyond the snow or ice shed areas.
Where removal of snow from roofs is anticipated, mechanical and safety devices should be
provided, as well as easy access to the roof.
All roof equipment must be screened, and all screening, flashings, flues, safety apparatus, etc
that is located on the roof or on the sides of the Building must be “painted to match” or
appropriately contract adjacent materials to minimize its presence. Mechanical areas may use
rock aggregate as ballast.
Roof top vegetation is limited to a maximum height of 20’ and must be in accordance with
the Development Standards.
Plantings must comply with the Landscape Guidelines (See Section 4).
ATTACHMENT A
3.3. DOORS AND ENTRIES
All entryways should: provide a sheltered transition to the inside; offer visual clues as to the
desired pedestrian circulation; possess inviting features; address the street; relate, in both scale
and design style, to the use of the Building.
All doorway and entryways must provide protection from sloughing snow or ice, be well lit
without light pollution, and offer a spot for pedestrians and bicycle traffic to gather.
Automatic door systems and revolving doors are encouraged.
Wood doors are only allowed with the DRB’s approval.
3.4. WINDOWS
Windows create interest in Building facades and communicate the type of Building and
activities that are present. Windows may act as a lantern, establishing activity and vibrancy in
the evening streetscape. Retail uses shall present windows to the primary entrance to establish
an inviting portal to the store. Recessed windows are encouraged. Windows and doors should
be trimmed such that it is an architectural element, unless there is a modern approach that
meets the DRB’s philosophy, to be determined in the DRB’s sole and absolute discretion.
Any divisions of large windows should be consistent with the shape and geometry of the
overall window structure.
Reflective glass is not permitted; glass is to be clear or tinted to blend with the environment.
Wood windows are only allowed with the DRB’s approval.
The use of floor to ceiling windows shall be encouraged to enhance the feeling of quality that
the DRB is striving to achieve.
3.5. EXTERIOR WALL MATERIAL
The exterior of Buildings, public spaces and/or other architectural treatments shall be designed
to encourage linkage of Buildings to one another. This linkage may be expressed in material,
color, detailing or texture. Textural treatments, articulation in Building plane, windows,
doorways and entries, may all be utilized to break down the scale of large expanses of wall and
to create visual interest. Articulation in Building planes should be of a magnitude and
dimension that is consistent with the overall scale and massing of the Building, as well as the
intent in design and appearance.
Acceptable materials include EIFS, stucco, masonry, or stone. The use of stone will not be in
a rustic style.
Vinyl, aluminum, or asphalt siding is not permitted.
Steel siding, wood siding or composite siding may be permitted with the DRB’s approval. The
DRB’s approval shall be contingent upon, among other things, Applicant demonstrating how
the materials are fastened to the building system.
ATTACHMENT A
3.6. ARCHITECURAL METALS
Exposed architectural metal (expressed structure, ornament, roofing and flashings, rainwater
systems, signage, etc.) must be of steel, iron, cast alloys or copper or have prior approval of
the DRB.
The use of architectural metal as a design expression should portray a sense of quality and
permanence and are to be a natural patina finish (for copper and core ten), finished with epoxy
paint, enamel, or have prior approval of the DRB.
Shop front glazing or curtain wall may be used with a class 1 anodized finish. Fluorocarbon
finish may be used with cause and prior approval of the DRB.
The upkeep and maintenance of the Building and Development, including painted surfaces,
are the responsibility of the Owner. Any aging, peeling, or distortions (for example the aging
of the approved wall color) is a violation of the Guidelines. It is highly recommended that the
Owner take into consideration the climate and extreme conditions in the mountains when
selecting materials.
Materials with a high reflectivity are not permitted.
All flues, flashing and roof equipment and other reflective materials shall be painted to match
and/or appropriately contrast with adjacent materials.
3.7. ARCHITECTURAL GLASS
Reflective glass is not permitted. Glass should be clear or colored in harmony with the
environment.
3.8. MASONRY
When concrete or CMU is used as a primary Building material there should be variety in its
expression. This may be accomplished through changes in plane, texture, and color or by
varying materials or design detailing.
The use of EIFS is acceptable only when the primary wall plane is sufficiently varied.
Architectural details, shadow lines and the use of multiple colors are recommended. Expansion
joints or control joints must be located as to enhance the design.
Imitation stone is not permitted. Only real stone shall be permitted, which means natural, not
manmade stone. The stone cannot be painted or stained stone. To be approved by the DRB in
its sole and absolute discretion.
3.9. WOOD AND MANUFACTURED PRODUCTS
The use of high quality, low maintenance Building materials is required. Wood sidings,
manufactured wood products, and fiberglass formed architectural details require DRB
approval. The Owner must demonstrate an understanding of the manufacturer’s recommended
maintenance and upkeep recommendations.
Log or log siding is not permitted.
ATTACHMENT A
Pine Beetle Products are not ruled out by the DRB.
3.10. MAXIMUM BUILDING HEIGHT
See the PUD Guide.
3.11. SIGNAGE
The general purpose of signage is to advertise a business or businesses. The DRB recognizes
that signage must be recognizable and visible in order to attract patrons. However, the Village
is not an ordinary development, and the DRB will not accept signage that negatively impacts
the Village for the sake of visibility. All signage is expected to complement the surrounding
Development and Buildings, and should add to the experience of being in the Village. Signage
should be interesting and should advertise the business in a tactful and pleasing manner.
The Owner must develop and submit a Master Sign Program prior to any signage being
mounted or used. The Master Sign Program consists of the proposed final signage as well as
any proposed temporary signage to be submitted for review and approval by the DRB. All
Owners of multi tenant and mixed-use commercial Buildings must submit a Development
Master Sign Program for their Development. The Development Master Sign Program shall
be a general program developed with the DRB’s recommendations that creates a unifying
signage program for the Building, which all tenants within the Development who
subsequently apply for signage approval must follow, in addition to the DRB’s
recommendations. The DRB expects Master Sign Programs to be tactful and attractive. The
DRB reserves the right to modify any Master Sign Program at any time.
All mounted signs should be located on a fascia or within an area of architectural detail
designed for such purposes. All signage, both mounted and freestanding, should reflect the
architectural character of the Development, the Development Master Sign Program, and
fulfill the Design Philosophy and complement the surrounding area.
3.11.1 Specific Prohibitions
-Absence of identification sign once open.
-Any mounted or visible sign without DRB approval.
-Any window signage within twelve inches from the glass, unless otherwise
approved by the DRB.
-Any sign (temporary or permanent) that adversely affects the visual appeal of the
surrounding area or business activities of other business in the area.
- Failure of an entity that meets the necessary criteria for a TODDs sign on the
highway to obtain such signage should it be available.
-Failure to properly maintain signage.
-Signage that is obsolete.
ATTACHMENT A
-Failure to submit an application to the DRB when modifying or removing a DRB
approved sign.
3.11.2 Sign Review General Recommendations
All signs shall be reviewed on a case-by-case basis based upon the general
recommendations below. The purpose of the general criteria is to establish
general design standards.
General Sign Recommendations:
-No animated, flashing, time/temperature or audible signs will be permitted.
-All signs and their installation must comply with all local building and electrical
codes and bear the UL label.
-There must be no exposed raceways, cross-overs, conduits, conductors,
transformers, or junction boxes.
-Rotating signs will not be permitted.
-No sign may extend above the roofline of the building
-The letter style, color, and material may be selected by tenant with approval by
the DRB. Highly stylized or extremely ornate faces will not be allowed, unless it
is an established trademark and is acceptable to the DRB.
-No advertising placards, banners, pennants, insignia, trademarks or other
descriptive material can be affixed or maintained along the panels and supports of
shop windows and doors or upon the exterior walls of the Building.
Section 3.11.2(a) Planning Area-J Signage – The following guidelines are written
to provide greater specificity within Section 3.11 regarding PA-J commercial:
As stated in Section 3.11, no signage that adversely affects the visual appeal of the
surrounding area will be allowed, and no signage may extend beyond the roofline. PA-J
is the gateway into the Village (at Avon) from I-70, benefiting from visibility from both
east and west bound I-70 as well as Post Blvd and the roads up to the mountain lots. The
DRB will not accept signage that negatively impacts the Village for the sake of visibility.
The mountain community is sensitive to typical highway-oriented development that is an
eye sore. Exit 168 is a stop in the mountains at the base of Beaver Creek that benefits
from the natural beauty of the mountains and therefore signage must respect that beauty
to respect both the year-round residents as well as the high-end clientele that frequent the
ski resorts. The standard for quality and taste shall be high to fit in with the surrounding
high-end ski resorts. Billboards and pylon signs are not permitted, however the DRB
understands that signage is intended to advertise a business or businesses. The DRB at its
discretion can be flexible enough to allow the use of a business’s trademark and logo on
structures mounted within an area of architectural detail. Such signage must be done
tastefully and tactfully and shall be approved on a case by case basis to be determined in
the DRB’s discretion. Architecture and signage that demeans what it means to be in the
mountains will not be accepted by the DRB or its constituents under any circumstances.
PA-J signage must also respect and be sensitive to the high-end residential lots north of
PA-J located up on the hillside as well as the surrounding neighborhood within Planning
Area J. Lighting and signage must be of a nature that does not negatively impact the
residential development surrounding it or above it.
ATTACHMENT A
3.11.3 Signage Process
Owners shall review the criteria; contact the DRB with any questions, and then
co-ordinate directly with a sign contractor. After a drawing has been prepared
which meets Owner’s approval, drawings should be submitted to the DRB for
review and comments. Drawings should indicate sign size, letter size, color, type
face, illumination, location(s), layout, installation method, and any other pertinent
information. Material and colored samples may be required by the DRB. DRB
approved tenant signage for any Development is valid for a period of 5 years. All
approvals for window and other minor signage can be revisited and revoked at
any time.
3.11.4 Sign Notice to Comply
In the event the Owner has failed to comply with this Section 3.11, the Owner
will be notified of the sign noncompliance. The DRB shall send a Sign Notice to
Comply, detailing what aspect of the signage is out of compliance and the DRB
recommendations to remedy the noncompliance. Such Notice shall contain the
Schedule of Fines (as written below), as well as the Signage Self Help date (as
written below). The Schedule of Fines is dependent on the nature of the
noncompliance. Some examples of noncompliance and the related Schedule of
Fines and Signage Self Help date are written below:
Should the sign not be properly maintained the Owner shall have 14
calendar days after receipt of Notice to remedy the noncompliance.
Failure to remedy the noncompliance, in accordance with DRB
recommendations, within 14 calendar days after receipt of Notice shall
subject the Owner to a fine of $150 per calendar day beginning on the 15th
calendar day after receipt of Notice. In addition, the DRB has the
authority, but not the obligation, to enter upon a site and undertake such
actions (Signage Self Help) as may be required for the sign(s) to meet the
quality of appearance consistent with the Design Philosophy and to be in
compliance with these Guidelines. If the sign is not brought into
compliance within 21 calendar days after receipt of Notice, then on the
22nd calendar day after receipt of Notice the DRB may, but is not obligated
to, fix or remove, as appropriate, the sign (Signage Self Help). Should the
DRB exercise its right to Signage Self Help and removes the sign, upon
such date a fine of $150 per calendar day shall accrue as a storage charge
for each sign removed pursuant to the Signage Self Help. The Signage
Self Help fines are in addition to all previously imposed fines for Owner’s
failure to maintain such sign. Removed signs that are not recovered
within 10 working days of being removed are considered abandoned and
may be destroyed. Even if the sign is abandoned, all accrued fines are still
owed. All fines must be paid before the DRB releases the sign back to the
Owner. In the event that the Owner wants the sign back, the fine of $150
per calendar day shall continue to accrue until the signage is properly
mounted and maintained. No recovered sign can be remounted without
the Owner remedying the noncompliance. Should the sign be abandoned,
the Owner must submit for DRB approval and order a new sign in
ATTACHMENT A
accordance with these Guidelines. Failure to do so will subject the Owner
to additional fines as set out below.
In the event a business fails to erect a DRB approved permanent sign
within 10 calendar days of opening for business, then the Owner shall
have 20 calendar days after receipt of Notice to erect a DRB approved
permanent sign. Should the Owner fail to erect a DRB approved
permanent sign within 20 calendar days after receipt of Notice, then on the
21st calendar day after receipt of Notice, a fine shall be incurred in the
amount of $200 per calendar day. In the event a business fails to erect a
DRB approved permanent sign within 30 calendar days after receipt of
Notice, then on the 31st calendar day after receipt of Notice the DRB has
the authority, but not the obligation, to order and erect a permanent sign of
the DRB’s choice on Owner’s behalf (Signage Self Help).
If the business is open to the public, and is awaiting delivery and
installation of a permanent sign, a DRB approved temporary sign must be
in place. In no event, however, may a business have a temporary sign in
place longer than 10 calendar days after opening for business. Failure to
have a DRB approved permanent sign 10 calendar days after opening for
business will be deemed a noncompliance, and will be dealt with as
written above.
In the event a sign is placed or mounted without DRB approval, or is not
in accordance with the Guidelines, then the Owner shall have 5 calendar
days after receipt of Notice to remove the sign. Should the Owner not
remove the sign within 5 calendar days after receipt of Notice then on the
6th calendar day after receipt of Notice, fines shall begin to accrue in the
amount of $100 per calendar day. Should the sign not be removed within
10 calendar days after receipt of Notice, then on the 11th calendar day after
receipt of Notice, the DRB has the authority, but not the obligation, to
remove the noncomplying sign.
Other instances of noncompliance will be dealt with on a case by case
basis.
3.11.5 Miscellaneous Signage Rules
The use or operation of nonconforming signs or illegal signs shall be terminated
as follows:
By obsolescence. At such time as any sign becomes obsolete (doesn’t
apply to seasonal closings, but does apply when business ceases to operate
as a business);
By abandonment;
By destruction, damage or alteration. The right to continue use or
operation of any conforming sign shall terminate whenever the sign is
ATTACHMENT A
altered in any way, or damaged, or if destroyed, destroyed by more than
50% of its replacement value
Should the signage not be in accordance with the Design Philosophy then the signage will be in
violation of the Guidelines.
ATTACHMENT A
4. LANDSCAPE DESIGN
7.28.050 Landscaping.
(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Village:
(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 and a resubmittal to the DRB.
(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 the DRB, 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.
(d) Plant Material and Water Need
ATTACHMENT A
(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 DRB 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.
(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.
ATTACHMENT A
(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 unless not feasible due to location
within certain areas of the Village (at Avon).
(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 DRB administrator, 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
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.
ATTACHMENT A
(i) Use of Kentucky Bluegrass is prohibited in nonfunctional or nonessential areas of the
Village.
(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 DRB (to the extent affecting development plan review).
(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
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
ATTACHMENT 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, Area, and Spacing Requirements
Landscape Material Size Spacing
Evergreen Tree Minimum 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 Minimum 1.5" Caliper
Shrubs Minimum 5-gallon 2.5 times the mature height of the
shrubs
Perennials Minimum 2.5 Qt or 1-gallon
Annual flower bed No minimum plant size (Calculated
by area)
Low-water, Low-ignition, or
'Mountainscape' Ground Cover
No minimum plant size (Calculated
by area using mature width of
plants)
Earthen berm Minimum 18" high
Combustible Mulch
Shredded Bark 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
ATTACHMENT A
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.
(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. The below are DRB recommendations, and the minimum requirements are
established in the PUD Guide. The DRB recognizes that in mixed use development areas, specifically
ATTACHMENT A
those within Planning Area A, deviations may be required due to the urban style and nature of that
area.
(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
DRB, 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.
(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
ATTACHMENT A
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.
(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
DRB Administrator 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.
ATTACHMENT A
(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.
(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 have been adopted by the DRB 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 DRB Administrator 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 Village.
(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 DRB Administrator, 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
ATTACHMENT A
identified by number, letter, or other designation on the landscape design plan and
irrigation design plan.
(iii) Type of mulch and application depth.
(iv) Identification of any soil amendments, including type, material, depth, and quantity.
(v) 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) 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.
(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.
ATTACHMENT A
(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
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.
ATTACHMENT A
(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 DRB 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.
(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.
ATTACHMENT A
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.
(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)
ATTACHMENT A
ATTACHMENT A
APPENDIX 7-B
Appendix 7-B: Water Efficient Landscape Design Budget Calculator
DRB requires proposed landscape designs to not exceed 7.5 gallons of water per square foot of area
per season* (Gal/Sf/Season) allocation.
The Water Efficient Landscape Design Budget Calculation is rooted in the formula: Total Landscape
Area / Water Needed to Support Landscaping.
In order to determine the Water Needed to Support Landscaping, all areas within any landscaping
plans are assigned one of the following Hydrozone Water Use Categories:
1. No Water
2. Very Low
3. Low
4. Medium
5. High
6. Cool Season / Turf Grass
7. Water Feature
Each Hydrozone Category represents an estimated Water Allocation needed to support its flora (See
Table 1:1). Very Low, Low, Medium, and High Hydrozone categories also contain the potential to be
Drip Irrigated or Spray Irrigated (Drip being less water-intensive than Spray).
Table 1:1 - Water Allocation per 1000 sq ft per season by Hydrozone Type
Hydrozone Water Use Category
Water Allocation for DRIP Irrigation
(gallons) per 1000 sq ft
Water Allocation for SPRAY
Irrigation (gallons) per 1000 sq ft
No Water 0
Very Low 35 42
Low 2,900 3,500
Medium 7,600 9,150
High 10,500 12,500
Cool Season / Turf Grass 15000
Water Feature 15000
Water Use Subtotal (gallons per season)
Water Use Total (gallons per season)
Total Irrigated Area (sq. ft)
Total Project Area (sq. ft)
Gal/Sf/Season
ATTACHMENT A
The calculation requires the replacement of these numbers with the square footages of the hydrozones
being proposed. Please see calculation examples for clarification.
*Season can be approximated as the period of time between the average date of the last killing frost in
the spring to the average date of the first killing frost in the fall.
CALCULATION EXAMPLES – Next Page
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WATER EFFICIENT LANDSCAPE DESIGN BUDGET CALCULATION EXAMPLES
Using these inputs relative to the size of each hydrozone in a single landscape plan, a person can assess
the estimated water use for the entire landscaping plan. The following scenarios showcase the variety of landscaping
plans possible, their estimated water use, and potential for approval under the 7.5 gallon per sf. per season limit.
Scenario One: A landscape plan that is equally split between areas that require no water, and turf grass
areas:
Scenario 1: Half Turf Grass
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1500
Very Low 0 0
Low 0 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1500
Water Feature 0
Water Use Subtotal (gallons per season) 0 22500
Water Use Total (gallons per season) 22500
Total Irrigated Area (sq. ft) 1500
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7.5
Takeaways:
• This plan’s water budget is exactly the maximum potential water allocated.
• Any landscaping plan that exceeds 50% turf grass will likely not be approved
Scenario Two: A drip-irrigated landscape plan that is equally split between Low, Medium, and High
Scenario 2: Low/Med/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1000 0
Medium 1000 0
High 1000 0
Cool Season / Turf Grass 0
ATTACHMENT A
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Water Feature 0
Water Use Subtotal (gallons per season) 21000 0
Water Use Total (gallons per season) 21000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Two is less water-intensive than Scenario One, despite 50% of the landscaping in
Scenario One not requiring any water.
• 3000 sq ft of equally mixed Low, Medium, and High hydrozones is less water-intensive
that 1,500 sq ft of grass
Scenario Three: A drip-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 3: Low/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1500 0
Medium 0 0
High 1500 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 20100 0
Water Use Total (gallons per season) 20100
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Three is less water-intensive than Scenario Two
• A medium water hydrozone does not represent the median between the low and high
hydrozones
Scenario Four: A spray-irrigated landscape plan that is equally split between Low and High hydrozones
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Scenario 4: Low/High Mix SPRAY
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 0 1500
Medium 0 0
High 0 1500
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 0 24000
Water Use Total (gallons per season) 24000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 8
Takeaways:
• This plan’s water budget is above the maximum potential water allocated.
• Scenario Four is more water-intensive than Scenario Three, despite the hydrozone area sizes
remaining the same in both
• Spray irrigation is more water-intensive than drip irrigation, and could be the
difference between approval / denial of a landscaping plan
Scenario Five: An equal mix of drip irrigated, Very Low and Low hydrozones, and Turf Grass
Scenario 5: Very Low / Low / Turf Mix
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 1000 0
Low 1000 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1000
Water Feature 0
Water Use Subtotal (gallons per season) 2935 15000
Water Use Total (gallons per season) 17935
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.0
Takeaways:
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• Very Low and Low hydrozones can be adequate off-sets for turf grass area
Scenario Six: An equal mix of all hydrozones AND an additional water feature
Scenario 6: Mix All
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1000
Very Low 1000 0
Low 1000 0
Medium 0 1000
High 0 1000
Cool Season / Turf Grass 1000
Water Feature 500
Water Use Subtotal (gallons per season) 2935 44150
Water Use Total (gallons per season) 47085
Total Irrigated Area (sq. ft) 5500
Total Project Area (sq. ft) 6500
Gal/Sf/Season 7.2
Takeaways:
• Equally mixed hydrozones have the potential for approval, even when water-intensive water
features are included.
• A 1,000 sq ft water feature would exceed the 7.5-gallon allocation
4.1. MAINTENANCE
Plants are to be installed and maintained according to sound horticultural practices. A
Maintenance Plan will be required as part of the submittal of the Landscape Plan to the DRB.
4.2. LANDSCAPING NONCOMPLIANCE AND AUTHORITY TO REMEDY
If determined by the DRB that the Owner is not complying with the Guidelines, the DRB
shall first issue a Landscaping Notice to Comply (see below for standard Landscaping Notice
to Comply), detailing what aspect of the landscaping is in noncompliance and the DRB
recommendation to resolve the noncompliance. In certain instances, in order to remedy the
noncompliance, the Owner will have to submit a revised Landscape Plan to the DRB for
approval. The Notice shall contain the Landscaping Schedule of Fines (as written below), as
ATTACHMENT A
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well as the Landscaping Self Help date (as written below). The Landscaping Schedule of
Fines is as follows, weather permitting:
- Owner shall have 7 calendar days after receipt of Notice to correct the noncompliance
without accruing fines.
-On the 8th calendar day after receipt of Notice, fines will accrue at a rate of $50 per calendar
day.
-On the 31st calendar day after receipt of Notice, fines will accrue at $100 per calendar day.
In addition, the DRB has the authority, but not the obligation, to enter upon a site and
undertake such work (Landscaping Self Help) as may be required for the landscaping to be
consistent with the Design Philosophy, the approved Landscape Plan, and to be in
compliance with these Guidelines and the Control Documents. The Landscaping Self Help
date shall be the 31st calendar day after receipt of Notice.
Standard Landscaping Notice to Comply:
Landscaping Notice to Comply
Dear Owner,
You are hereby notified that you and your Parcel, specifically Parcel ________, are in
violation of The Village (at Avon) Design Review Guidelines (the Guidelines). You are not in
compliance with Section 4 of the Guidelines because ________ (reason for noncompliance).
This letter shall serve as official Notice that you must remedy the noncompliance, including
submittal of any materials to the Design Review Board (the DRB) for approval, if appropriate,
within 7 calendar days after receipt of this Notice. Failure to do so will subject you to the
daily accrual of fines (see attached Landscaping Schedule of Fines). In addition, if the
noncompliance remains by the 31st calendar day following receipt of this Notice, then the DRB
reserves the right to Landscaping Self Help, as defined in the Guidelines. The DRB shall
collect all fines accrued and all costs incurred in bringing you and your Parcel into compliance
in accordance with the Guidelines. The fines accrued constitute Noncompliance Assessments,
and any self-help expenses incurred by the DRB constitute Reimbursement Assessments, both
as defined in the Guidelines.
4.3. LANDSCAPE FURNISHINGS
Within the landscape, three-dimensional objects are the most readily perceived. Careful
design and use of these elements in the public and semi-public areas is critical in order to
convey permanence and identity, as well as theme. Furnishings should be provided as
appropriate (as determined by the DRB) and establish character through a unified design
vocabulary, and provide strong visual continuity while fulfilling functional requirements. All
exterior site furnishings and art pieces shall be reviewed by the DRB as part of the Landscape
Plan and, if approved, construction shall be implemented in a timely manner. Site
furnishings shall be selected from an allowable site furniture list provided by the DRB upon
request. In the DRB’s discretion, a lack of exterior furnishings can be determined by the
DRB to not be in accordance with and the Design Philosophy and the Landscape Plan will
not be approved. Failure to properly maintain any furnishings will be considered a violation
of these Guidelines.
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4.4. LANDSCAPE SIGNAGE
Not allowed
4.5. WALKWAYS AND WALKING TRAILS
Properties must include continued paths, as they cross the landscaped property. This should
include a continued theme of plantings that co-exist with existing landscapes along the
walking paths. Also, to be included are benches and/or other rest areas for pedestrians, as
necessary. Also, to be considered are storage areas and equipment for bicycles and other
alternative transportation.
4.6. FLAG POLE GUIDELINES
All flag poles will be reviewed on an individual basis, based on the Owner’s request for the
flag pole, including the following information:
-Height of Flag Pole
-Type and Description of Flag Pole
-Number of Flag Poles Requested
-Plans indicating the location of Flag Pole identified on property
-Size of Flag to be used on the Flag Pole
-Installation specifications for the Flag Pole
-Lighting of the Flag Pole
Flag Poles, under no circumstance, will be allowed to be used to receive or broadcast any
radio, TV or any similar transmission.
Only Unites States of America Flags and State of Colorado Flags will be allowed to be used
unless otherwise approved by the DRB on a case by case basis.
4.10. LOCATION AND IMPACT (POTENTIAL) ON NEIGHBORS
It is essential that every effort be made, when designing landscape and other outdoor
projects, to consider the impact on the neighbors, neighborhood, view from the street, impact
on the environment, and consistency with the established development. The following
specific list indicates the desirability of each for the proposed Development.
-Play Equipment – All playgrounds and personal play equipment will be evaluated
individually, based on the site being reviewed and as a part of the complete property
landscape. Items to be considered will include location and impact on neighbors,
screening of the equipment from neighbors, parks, and roads. Other factors may also
affect the decision and will be reviewed as part of the review process by the DRB.
-Firewood – exterior stacks not allowed; exterior storage structures are not allowed
-Swimming pools and hot tubs - must include specific landscape plans that indicate the
location on the property, screening, the potential impact of the neighborhood, and
specifications of the proposed swimming pool installation. Hot tubs must include the
same information as for swimming pools, including proposed screening of the hot tub.
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-Fences – To be reviewed on a case by case basis. All fence material must be of natural
wood and remain with a natural appearance.
-Storage Sheds – Not allowed
-Vegetable gardens – Not allowed
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5. THE DESIGN REVIEW AND CONSTRUCTION PROCESS
The DRB strives to promote aesthetic harmony in the community by providing for compatibility
of specific designs with surrounding Buildings, the environment and the topography. The design
review process has been developed to provide adequate check points to minimize time spent on
concepts which do not adhere to the Guidelines and the check points are meant to streamline this
process and eliminate excessive delays. Nevertheless, each Owner is responsible for complying
with the Guidelines and all applicable provisions of the Control Documents, as well as all the
rules and regulations of any governmental authority to bring the design review process to a
prompt and satisfactory conclusion.
5.1. THE DESIGN REVIEW BOARD
The DRB is established by the Control Documents for the purpose of reviewing all
Development proposals for conformance with the PUD Guide and applicable covenants,
conditions, and restrictions for all Property and Development within the Village. The DRB
will evaluate all Development proposals for conformance with the Guidelines applicable to
its location.
The DRB shall consist of not more than five (5) members, one (1) of whom shall be a
member of the Town of Avon’s Planning and Zoning Commission designated by the Town
from time to time, and the remainder of whom shall be appointed as provided in the
governing documents of the DRB. The DRB shall refer to the Town of Avon's Planning and
Zoning Commission, for comment only, and not for approval or disapproval, of Development
proposals submitted to the DRB for portions of the Property south of I-70 and all portions of
the Property north of I-70 other than Planning Area RMF-3 and the lots designated Lots 1
through Lot 96 in the Sketch/PUD Development Plan. The DRB shall have no obligation to
refer to the Town’s Planning and Zoning Commission any Development proposal concerning
such Planning Area or lots.
The Guidelines are written as relatively broad standards and the interpretation of these
standards is at the sole discretion of the DRB. However, the DRB will not interpret the
standards or allow Development with an unattractive design so as to negatively impact the
value of the Property. The PUD Guide and other Control Documents express certain
absolute standards. All Development will comply with these absolute standards as well as
the Guidelines.
The DRB will meet monthly, as needed, or may establish a more or less frequent meeting
schedule. The DRB will be responsible for authoring and distributing meeting minutes (when
appropriate), and maintaining complete and accurate records of all actions taken, direction
given to Owners, and of all final decisions. All written correspondence regarding
Preliminary and Final actions will be issued to the Owner.
All Development proposals, plans and materials for new construction, landscaping, or any
exterior modifications etc. must have prior written approval of the DRB. No Development
shall take place on any Parcel until a Site Plan, architectural renderings, sample materials,
and all other plans and specifications for such Development, as required by and in a form
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satisfactory to the DRB, have been approved by the DRB, in writing, pursuant to the
Guidelines. The Owner will receive such approvals by complying with the Guidelines, all
applicable covenants and restrictions. This shall include submitting the Development
proposal in the form of an Application (as defined in Section 6.1 in the Covenants) and going
through the DRB process (as defined herein). The Owner must receive a Technical Review
Letter of Compliance (see Section 5.3.4) from the DRB prior to submitting construction
plans to the Town of Avon Building Department for a building permit. The Owner must
receive a Letter of Compliance (see Section 5.3.5.5) from the DRB prior to receiving a
Certificate of Occupancy (or a Temporary Certificate of Occupancy) from the Town of
Avon.
5.2. BASIS OF REVIEW
The DRB will review Applications against the following requirements:
1. The proposed Development must comply with the PUD Guide, applicable covenants,
conditions, restrictions and other Control Documents that govern the use, location,
massing and size of Buildings and structures within the Village.
2. The proposed Development must conform to the designated use of the Planning Area in
which it is to be located.
3. The proposed Development must conform to the Guidelines applicable to the Planning
Area, including the Design Philosophy, and intentions with respect to, but not limited to,
site design, site access, parking and loading, easements, site grading, drainage,
landscaping, snow storage, lighting, sidewalks, design character, the color, quality and
identity of Building materials, and architectural merit and interest.
4. The proposed Development must be compatible with site topography, minimize site
disturbance, be oriented to and follow existing slopes, minimize benching, or other
significant alteration of existing topography.
5. The acceptability of the appearance of the proposed Development as viewed from
adjacent and neighboring properties and ROW, with respect to architectural style,
massing, height, orientation, quality of material and colors.
6. Proposed Development shall not be so similar, or dissimilar, to others in the vicinity, nor
so different in quality of design, materials or execution such that monetary or aesthetic
values will be impaired, thereby not achieving the Design Philosophy or Design Theme.
7. All required materials, forms, information and fees have been correctly submitted in
accordance with these Guidelines (see Appendix A for the DRB Application Form).
5.3. PROCESS
The following section describes the steps involved in the design review process and the
submittal materials required for each step in the process. The DRB may, at its own discretion,
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modify any of these submittal requirements. In order to facilitate Development approval, site
plan and architectural review should occur as a coordinated process. The Owner should be
aware of review timetables and should structure plan submissions so that sufficient time for
plan modifications can be scheduled.
NOTE:
1) In cases of emergency when safety is a concern, it may not be appropriate to go through
the DRB process to obtain approvals to make changes. The DRB should be notified
immediately of such emergency, and the Owner should submit plans for DRB review as
soon as possible.
2) In certain instances, the party responsible for the Application for the proposed
Development is not the Owner of the Parcel or Development. In such cases, the
responsible party shall follow the Guidelines and the design review process in the same
way that the Owner would have been responsible, including paying any expenses or fees.
The DRB has the right to enforce these Guidelines on the responsible party as if the
responsible party is the Owner, to be determined in the DRB’s sole discretion and on a
case by case basis.
3) The DRB reserves the right to request digital copies of all required submittal materials.
4) No application shall be accepted for processing or approved when the applicant is in
noncompliance with these Guidelines or any of the Control Documents for any related or
unrelated improvements, development, etc. (i.e., anything included within the DRB’s
scope of review). In its complete discretion and on a case-by-case basis, the DRB may
accept an application for processing or condition approval of an application on the
Applicant’s agreement to rectify any existing noncompliance.
The design review process is a 6-step process to ensure orderly and timely Development
design review that satisfies these Guidelines. No Owner shall receive any Certificate of
Occupancy (temporary or certificate of occupancy) until the Owner has completed the design
review process. The steps are:
1) Pre-Design Conference
2) Preliminary Design Review
3) Final Design Review
4) Technical Review
5) Construction Inspections
6) Compliance Inspection, Letter of Compliance
The DRB, at its own discretion, shall determine whether minor changes, alterations or
minor additions can be granted approval via the administrative review process without an
official DRB meeting. The Owner should contact the DRB Administrator (See Section
6.5.3) should the Owner want to participate in the administrative process.
The Owner shall submit all required materials as set out in these Guidelines. Upon
receipt of submittal, DRB shall confirm within 1 week that they have a) received a
complete Application for the appropriate step in the design review process and notify the
Owner of the scheduled meeting date and time, or b) list the materials missing in order to
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submit a complete Application. At the meeting the DRB may take any of the following
actions:
• “Approved” – The entire Application as submitted is approved and the Owner
may proceed to the next step in the DRB process.
• “Approved as Noted” – The Application is not approved as submitted, but the
DRB’s suggestions for curing objectionable features or segments are noted. The
Owner must correct the plans objectionable features or segments, and the Owner
may be required to resubmit the Application or may proceed to the next step in
the DRB process as determined by the DRB.
• “Address Comments and Resubmit” – The Application contains significant
deviations or deficiencies from the Guidelines and must be corrected or clarified
before approval is granted and the Owner can move on to the next step. The DRB
may provide comments but is not required to do so. All resubmittals to the DRB
must be complete and must address each comment, and any change to the
Application must be in writing. Partial resubmittals or resubmittals of correct
sheets only will not be accepted. The Owner under all circumstances is required
to resubmit the Application.
• “Disapproved” – The entire Application as submitted is rejected. The DRB may
provide comments, but is not required to do so.
5.3.1. Pre-Design Conference
The Owner shall request a Pre-Design Conference with the DRB via written notice to
discuss the Guidelines and Owner’s Development objectives. This conference will serve
to acquaint the Owner with the DRB and will be an opportunity for the DRB to
familiarize itself with the Owner’s Development intent. It is strongly recommended that
the Owner’s design team also attend the Pre-Design Conference. The Pre-Design
Conference may include a walking tour of the site to review specific site characteristics
and opportunities upon the DRB’s request.
This early exchange will facilitate a smooth, timely, and cost-effective Development
process. It is not necessary for the Owner to invest great resources prior to the Pre-Design
Conference as any design of the Development may be subject to extensive revision by the
DRB. The DRB requires that all design teams consult with the guidelines for the specific
planning area. The Owner should be able to demonstrate the scope and character of the
proposed Development via a schematic site plan and building concept drawings.
The Pre-Design Conference Application shall include the following required submittal
materials:
1. Completed Pre-Design Conference Application Form and Agreement to pay (See
Appendix A and D).
2. Pre-Design Conference Fee and other fees (See Appendix A and Section 6.4).
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3. Site survey (including site boundaries, easements, utilities, setbacks, existing
conditions, etc.)
4. General Project Concept
Conceptual site plan (indicating general site and improvement characteristics,
circulation plan and the location of all proposed Development so that the DRB
can understand the general project concept). Specific uses proposed, and
intensity of use proposed (including showing floor area and parking demand),
demonstrating that the plan complies with the development standards as set
out in the PUD.
Demonstration of intended quality and character of architectural and site
elements (this may be character sketches, computer modeling, or photographic
images that will demonstrate your intentions, including building size and
exterior materials, roof material and color, wall treatment, glass and glazing).
5. Proposed Construction Timing.
The Owner is responsible to have an understanding of, and present Owner’s intentions
within the framework of the Guidelines, Town of Avon Regulations, and all governing
documents prior to the Pre-Design Conference.
Actions taken at the Pre-Design Conference are informal. After discussing the materials
presented, the DRB will summarize those elements that may raise potential issues at the
Preliminary Design Review.
5.3.2. Preliminary Design Review
Preliminary Design Review is the first of two Building design review stages with the
DRB. The purpose of the Preliminary Design Review is to ensure that sketch design
drawings conform to the Guidelines prior to design Development level drawings being
undertaken. It is intended to provide the Owner and DRB with the information needed to
avoid wasted time and professional fees that result from pursuing a design in conflict
with the Guidelines. An approved Preliminary Design is intended to confirm to the
Owner that so long as a project’s Final Design does not materially deviate from the
approved Preliminary Design then the project’s Final Design will be approved.
The Preliminary Design Review will focus on: Response to matters identified at the Pre-
Design Conference; Site Design, Architectural Design, and Landscape Design specific to
the site and in response to the Guidelines and other applicable regulations; Preliminary
materials and color selections; and Preliminary landscape plant massing and irrigation
concept plan.
The Preliminary Design Review Application shall include the following required
submittal materials in pdf format:
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1. Completed Preliminary Design Review Application Form (See Appendix A).
2. Preliminary Design Review Fee and deposits (See Appendix A and Section 6.4).
3. Topographical Survey at scale 1” = 20’ indicating: Site contours at 2’ intervals, Parcel
boundaries, existing improvements, easements, utilities, significant natural features
(such as rock outcroppings or mature trees), drainages, etc. Survey must be prepared
and stamped by a licensed surveyor or civil engineer.
4. Site Plan at scale 1" = 20' indicating: Property boundaries, Existing and proposed
contours at 2' intervals extending 20' beyond the Parcel lines, setback lines, and
proposed Building footprint, and roof eave and drip line locations.
a. Driveways and curb cuts, pedestrian paths, parking lot design and striping
plan.
b. Site drainage (drainage study to be prepared by an engineer)
c. Utilities including meter and exterior panel locations and evidence of adequate
sewer service gradient, adequate proposed screening.
d. Demonstrate compliance with Article 2.3 of the Design Guidelines as well as
the development standards of the PUD Guide.
5. Building envelope plans which demonstrate the exterior building boundary wall of
each floor plate included within each proposed building improvement, including all
decks and other architectural projections and protrusions.
6. Roof Plan at scale ¼” =1’0” indicating: Proposed roof pitch, overhang lengths, flue
locations, roofing materials and elevations of major ridge lines and all eave lines
prepared by a licensed architect.
7. Exterior Elevations at scale ¼” =1’0” indicating: Sufficient detail to indicate the
architectural character of the Building(s), fenestration and existing and proposed
grades. Elevations should also include a description of exterior materials and colors
prepared by a licensed architect.
8. Site/Building Sections at scale 1/8” =1’0” (minimum) indicating: Building walls,
floors and roof relative to the site, including existing and proposed grades, retaining
walls and proposed site improvements such as patios, decks, driveways and other
landscape features prepared by a licensed architect.
9. Building Height Calculation (scaled per site plan) The drawing background should be
the site plan showing all topographic contours, both existing and proposed, that run
through the entire Building. Contours should be drawn at minimum 2’-0” increments,
and clearly identified. Indicate all finish elevations for hardscape adjacent to the
building. Overlay the Roof Plan onto this drawing, including roof pitches and their
direction. Determine the high point areas of the Building, including ridges, eaves,
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and parapets. Any chimney, tower, or allowable architectural elements above the
allowable Building height limit must be shown.
10. Massing Model at scale 1/8=1’0” min. A physical massing model or a computer-
generated three-dimensional model may be used. A massing model indicating the
Building’s three-dimensional form and the scale and relationship to the site must be
brought to the meeting. A digital three-dimensional model must demonstrate the
Building’s characteristics.
11. Landscape Plan at scale ¼”=1’0” indicating: All existing landscaping to remain and
all existing landscaping to be removed, the location and size of all proposed
landscaped areas, other proposed improvements such as patios and decks, walkways,
retaining walls, landscape walls, fences, and both temporary and permanent measures
for slope stabilization and erosion control. These plans shall be prepared by a
landscape architect.
12. Master Sign Program (if applicable)
5.3.3 Final Design Review
Final Design Review is the second of two design review stages with the DRB. The
purpose of the Final Design Review is to ensure that design Development level drawings
conform to the Guidelines prior to construction level drawings being undertaken. It is
intended to provide the Owner and DRB with the information needed to avoid wasting
time and professional fees that result from pursuing a design in conflict with the
Guidelines.
The Final Design Review, without limitation, will focus on: Response to matters
identified at the Preliminary Design Review; design specific site plan and architecture,
Guidelines and other applicable regulations; materials and color selections that affect the
design; and landscape plant massing and irrigation concept plan.
The Final Design Review Application shall include the following required submittal
materials in pdf format, which shall be in their final form:
1. Completed Final Design Review Application Form (See Appendix A).
2. Final Design Review Fee and deposits (See Appendix A and Section 6.4).
3. Any specific information requested by the DRB as a condition of the Preliminary
Design Review Application approval.
4. Topographical Survey at scale 1” = 20’ indicating: Site contours at 2’ intervals, Parcel
boundaries, existing improvements, easements, utilities, significant natural features
(such as rock outcroppings or mature trees), drainages, etc. Survey must be prepared
and stamped by a licensed surveyor or civil engineer.
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5. Site Plan at scale 1" = 20' indicating: Property boundaries, Existing and proposed
contours at 2' intervals extending 20' beyond the Parcel lines, setback lines, and
proposed Building footprint, and roof eave and drip line locations.
a. Driveways and curb cuts, pedestrian paths, parking lot design and striping
plan.
b. Site drainage (drainage study to be prepared by an engineer)
c. Utilities including meter and exterior panel locations and evidence of adequate
sewer service gradient, adequate proposed screening.
d. Demonstrate compliance with Article 2.3 of the Design Guidelines as well as
the development standards of the PUD Guide.
6. Building envelope plans which demonstrate the exterior building boundary wall of
each floor plate included within each proposed building improvement, including all
decks and other architectural projections and protrusions.
7. Roof Plan at scale ¼” = 1’0” indicating: Proposed roof pitch, overhang lengths, flue
locations, roofing materials and elevations of major ridge lines and all eave lines
prepared by a licensed architect.
8. Exterior Elevations at scale ¼” = 1’0” indicating: Sufficient detail to indicate the
architectural character of the Building(s), fenestration and existing and proposed
grades. Elevations should also include a description of exterior materials and colors
prepared by a licensed architect.
9. Site/Building Sections at scale 1/8” = 1’0” (minimum) indicating: Building walls,
floors and roof relative to the site, including existing and proposed grades, retaining
walls and proposed site improvements such as patios, decks, driveways and other
landscape features prepared by a licensed architect.
10. Building Height Calculation (scaled per site plan) The drawing background should be
the site plan showing all topographic contours, both existing and proposed, that run
through the entire Building. Contours should be drawn at minimum 2’-0” increments,
and clearly identified. Indicate all finish elevations for hardscape adjacent to the
building. Overlay the Roof Plan onto this drawing, including roof pitches and their
direction. Determine the high point areas of the Building, including ridges, eaves,
and parapets. Any chimney, tower, or allowable architectural elements above the
allowable Building height limit must be shown.
11. Massing Model at scale 1/8=1’0” min. A physical massing model or a computer-
generated three-dimensional model may be used. A massing model indicating the
Building’s three-dimensional form and the scale and relationship to the site must be
brought to the meeting. A digital three-dimensional model must demonstrate the
Building’s characteristics.
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12. Landscape Plan at scale ¼”=1’0” indicating: All existing landscaping to remain and
all existing landscaping to be removed, the location and size of all proposed
landscaped areas, other proposed improvements such as patios and decks, walkways,
retaining walls, landscape walls, fences, and both temporary and permanent measures
for slope stabilization and erosion control. These plans shall be prepared by a
landscape architect.
13. Master Sign Program, if applicable.
5.3.4 TECHNICAL REVIEW
The purpose of the Technical Review is to ensure that all aspects of the final
Construction Drawings are consistent with the Guidelines, plans and documents approved
by the DRB at the Final Design Review prior to the Owner requesting a building permit
from the Town of Avon. The Owner shall not apply for a building permit without
receiving a Technical Review Letter of Compliance from the DRB. If Construction
Drawings are consistent with the approved Final Plans, address all prior DRB comments,
satisfy the Guidelines, and the Compliance Deposit (hereinafter referred to as the “CD”,
see Appendix B for Schedule of CDs and CD Agreement) is made the DRB shall issue a
Technical Review Letter of Compliance. The Owner shall then be allowed to submit to
the town a request for a building permit. Construction Drawings that deviate from
approved Final Plans shall be rejected. In such cases, the DRB shall provide a written
statement describing why the proposed Construction Drawings were not approved. The
Owner will need to resubmit the Construction Drawings with the appropriate revisions in
order to receive Technical Review Approval and a Technical Review Letter of
Compliance.
The Technical Review Application shall include the following required submittals
materials in pdf format:
1. Fully executed application form, including payment of fees and additional
deposits (See Section 6.4 and Appendix A).
2. A comprehensive set of Construction Drawings. The Construction Drawings
shall include, but not be limited to, stamped architectural and structural drawings
and everything listed as required in the Final Design Review stage. The
architectural Drawings shall be prepared and stamped by a licensed architect.
Structural drawings shall be prepared and stamped by a licensed engineer.
Landscape Plan (including irrigation design) shall be prepared by a landscape
architect.
3. Applicant shall be responsible, in connection with providing the Landscape Plan,
for providing the calculation for the project’s overall landscaping water demand,
as well as projected water demand for the development. Such water demand
projection shall be approved by Traer Creek LLC in the form of a water allocation
request executed by Traer Creek LLC.
Contact Information:
Michael Lindholm; (970)748-4992; michaellindholm@traercreek.com
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4. Applicant shall be responsible for demonstrating compliance with the lighting
regulations in the DRB Guidelines.
5. Applicant shall provide an executed letter from the Commercial or Mixed Use
PIC (as applicable) as evidence that all PIC fees have been determined and
calculated for payment, as appropriate.
Contact Information:
Nic Carlson (303)265-7900; nicholas.carlson@claconnect.com
Denise Denslow (303)903-9760; denise.denslow@claconnect.com
6. Applicant shall provide an executed letter from the Traer Creek Metropolitan
District as evidence that all sewer tap fees have been determined and calculated
for payment, including timing.
Contact Information:
Nic Carlson (303)265-7900; nicholas.carlson@claconnect.com
Denise Denslow (303)903-9760; denise.denslow@claconnect.com
7. Applicant shall provide an executed letter from the Traer Creek Metropolitan
District as evidence that Applicant has the District’s permission to connect into
existing utilities paid for by the District.
Nic Carlson (303)265-7900; nicholas.carlson@claconnect.com
Denise Denslow (303)903-9760; denise.denslow@claconnect.com
8. At the time Construction Drawings are submitted, the Compliance Deposit must
be made and Compliance Deposit Agreement executed. The Compliance Deposit
shall be in the form of a cash deposit.
5.3.5 CONSTRUCTION INSPECTIONS
The Town of Avon is the responsible agency for construction inspections. The DRB will
also inspect construction progress at certain milestones as written below. Failure to
adhere to the requirements as set out in the Guidelines and below shall result in the
guaranteed non issuance of a Certificate of Compliance by the DRB. The DRB
Certificate of Compliance is required by the Town in order to issue a Certificate of
Occupancy (Temporary Certificate of Occupancy requires a Temporary Certificate of
Compliance):
5.3.5.1 Pre-Construction Meeting (on Site)
The purpose of the Pre-Construction Meeting on site is to assure that the builder and
Owner have installed the elements of the Construction Management Plan prior to any
other construction on the site.
Owner shall notify the DRB as soon as the building permit is received and before
commencement of any construction activity. At that time, the Owner, Owner’s
Representative, and/or builder will schedule the on-site meeting with the DRB to
review the installation of all elements of the Construction Management Plan.
Once the Construction Management Plan elements are properly installed, the DRB
will release the site for construction.
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5.3.5.2 Improvement Location Certificate and Inspection
The purpose of the Improvement Location Certificate (ILC) and Inspection is to
assure that the foundation footers are located in accordance with the approved plans
and that no encroachment into setbacks or easements occurs.
The Owner is responsible to provide the DRB with a copy of an ILC prepared by a
licensed Surveyor. The DRB is not required to be present at time of surveying.
5.3.5.3 Framing/Building Height Certificate and Inspection
The purpose of the Framing/Building Height Certificate and Inspection is to ensure
that the Building is being built in accordance with approved plans.
The Owner is responsible to notify the DRB at the same time as the Town of Avon is
notified for the inspection. The DRB will attend the inspection on site. If the Building
height and framing is as provided in the approved drawings, the DRB will issue a
Framing/Building Height Certificate (see below for standard approval letter). If the
built height exceeds the approved height, remedial measures shall be required which
may include, but not be limited to, a cease construction order pending re-submittal for
amended final design approval, and/or framing demolition and reconstruction to the
approved design.
RE: Framing/Building Height Certificate
The DRB hereby agrees that the Building height and framing as constructed, is in
accordance with the approved drawings submitted during the Technical Review and
is approved.
5.3.5.4. Changes During Construction
To the extent any construction differs from the approved design, the Owner is
responsible to seek and obtain DRB approval for such changes prior to
implementation. The DRB will make reasonable efforts to review such changes
promptly. The Owner will be required to pay all costs and fees associated with the
review.
The DRB submittal and review process for design changes during construction will
be managed to an appropriate level based on the scope of the proposed changes.
Minor changes may be addressed by the DRB Administrator, whereas more
substantial changes may require full DRB action.
Changes from approved plans that are implemented without DRB consideration shall
result in a Construction Notice to Comply in accordance with Section 6.1.3.
The Owner will be assessed a charge for DRB review of any changes during
construction, whether reviewed before or after implementation of such change. The
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Owner shall be aware that implementation of major changes not in accordance with
these Guidelines or the Design Philosophy, will result in non issuance of a Letter of
Compliance (as defined in Section 5.3.5.5).
5.3.5.5. Compliance Inspection and Letter of Compliance
The purpose of the Letter of Compliance Inspection is to confirm that the
Development is constructed in accordance with the approved Construction Drawings
prior to Town issuance of a Certificate of Occupancy or Temporary Certificate of
Occupancy. The Town of Avon requires a Letter of Compliance from the DRB prior
to issuance of a Certificate of Occupancy. The Town of Avon requires a Temporary
Letter of Compliance from the DRB prior to issuance of a Temporary Certificate of
Occupancy.
Upon completion of construction activities, an Owner may submit a written request
for a Letter of Compliance Inspection from the DRB by filling out the Application
Form (See Appendix A). When the Owner submits the request for Compliance
Inspection, the Owner must complete the Application Form, and pay all fees, as well
as attach the ILC and Framing/Building Height Certificate. Should the Owner not
provide the DRB with the required submittal materials at the time of submittal then
the Owner will not receive a Letter of Compliance Inspection. Within 5 business
days of receiving such a request, the DRB will complete an inspection provided all
required submittal materials have been submitted. Within 3 business days of the
inspection, the DRB will either (a) issue a Letter of Compliance and release the CD
(excluding the warranty withholding) because all Development is in accordance with
the construction plans (and any revisions approved by the DRB), or (b) issue a Letter
of Temporary Compliance listing noncompliance items and a partial release of the
CD, if appropriate, all of which must be considered by the DRB to be minor, and a
time frame in which to fix the noncompliance items or (c) will issue a Letter of
Noncompliance listing noncompliance items when these are considered by the DRB
to be major and will prevent the Owner from receiving a Certificate of Compliance,
and therefore a Certificate of Occupancy. The Town of Avon will not grant a
Certificate of Occupancy until a Letter of Compliance is issued. A Temporary
Certificate of Occupancy may be granted by the Town of Avon if a Letter of
Temporary Compliance has been issued by the DRB. Granting of a Temporary
Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO) by the Town of
Avon also requires meeting all Town requirements.
Should a Letter of Temporary Compliance be issued the Owner will be required to
maintain the CD in an amount sufficient to cure the conditions. The CD may be in the
form of cash deposit or an Irrevocable Letter of Credit in favor of the DRB.
As soon as the conditions are cured the Owner must resubmit for a Letter of
Compliance Inspection. The DRB will confirm that the conditions have been cured
and a Letter of Compliance will be issued and the CD will be released to the Owner
(and in accordance with Section 6.1.1). All outstanding fees, fines, expenses, owed
by the Owner to the DRB, must be paid prior to the issuance of a Letter of
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Compliance. When the Letter of Compliance is issued by the DRB, the Owner has
satisfied its obligations to the DRB so that it can request from the Town of Avon a
Certificate of Occupancy. If the conditions are not cured within the specified time,
the DRB may apply the CD toward the completion of the conditions. Any residual of
the bond and CD will be returned to the Owner upon completion of the conditions
and payment of all outstanding amounts owed to the DRB.
5.3.6 CONSTRUCTION REGULATIONS
The purpose of these Construction Regulations is to promote orderly construction, to
avoid unnecessary damage to the site and adjacent Parcels, to minimize construction
impacts on the neighborhood, and to implement agreements between the Village and the
Town of Avon.
Each Owner is responsible to implement these Construction Regulations with his
contractors, sub-contractors, suppliers, their employees, and all others associated with
construction on the site. Any violation of these Construction Regulations is considered a
violation of the Guidelines, and will subject the Owner to fines and charges.
The Owner is responsible to comply with all governmental safety regulations for
construction activities arising from his site. The Owner should ensure that agreements
with contractors, subcontractors, suppliers, their employees and other agents provide for
construction site safety and cleanliness.
5.3.6.1 Construction Fence
A construction fence not less than 42” tall shall be installed around the perimeter of
the Owner’s Parcel or construction limits within the Owner’s Parcel prior to
commencement of construction. An opening not more than 20 feet in width may be
provided for access to the construction site/Owner’s Parcel. The construction fence
must be, at all times, standing to help contain construction activities and debris.
5.3.6.2 Restoration or Repair of Property Damage
Any damage or scarring of other Parcels or Development including but not limited to
other sites, driveways, roads, curb, gutter and other public street improvements is not
permitted. Should such damage occur, it shall be repaired and/or restored promptly at
the expense of the person or entity causing the same; provided however, that the
Owner of the site is ultimately responsible to fully repair any damage that occurs as a
result of construction on the site.
5.3.6.3 Storage of Materials and Equipment
At Owner's sole and absolute risk, the Owner and builder are permitted to store
construction materials and equipment on the construction site during construction.
Such materials and equipment shall be placed, properly covered and secured in a neat
and orderly manner. No materials or equipment may be staged or stored on the site
more than 3 days prior to the commencement of construction without special
permission by the DRB.
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5.3.6.4 Site Cleanliness
Each construction site shall be kept neat and orderly to prevent visual nuisance for
surrounding area. Owners and contractors shall provide an adequately sized
container(s) for debris and shall clean up all trash and debris on a daily basis.
Lightweight materials and packaging shall be covered or weighted to prevent scattering
by the wind. Wind scattered debris shall be retrieved immediately and disposed of
properly.
Trash and debris shall be removed from each construction site on a timely basis to a
dumping site located off the project. No dumping, burying or burning of construction
debris is permitted on the Property or any portion of the Property. Mud, dirt or debris
resulting from construction activities on the site shall be removed promptly from streets
or adjacent Parcels.
Owner shall be solely responsible for any Town of Avon violations and shall further
indemnify and hold Traer Creek LLC and its affiliates and the Traer Creek Metropolitan
District harmless there from.
5.3.6.5 Sanitary Facilities
Each builder shall provide adequate sanitary facilities on site during construction.
5.3.6.6 General Construction Hours
Weekdays: 07:00 to 19:00 (7 a.m. to 7 p.m.)
Saturday: 09:00 to 18:00 (9 a.m. to 6 p.m.)
No outside construction or construction support is permitted at any time on Sundays
and the following Holidays: New Years Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.
The DRB reserves the right to modify the construction hours, as appropriate.
5.3.6.7 After Hours
Work and all its support machinery and activities that occur within a fully enclosed
structure are permitted any time of day or night. This provision may be revoked on
any job site upon receipt of the first complaint of construction noise or violation of
any other Construction Regulation.
5.3.6.8 Construction Noise
Use of radios, tape players, CD players etc. shall be restrained so as not to be a
nuisance to the surrounding area, including streets. Machinery shall not be operated
before or after construction hours. Concrete pours shall be scheduled with
customarily adequate time to complete the pour within authorized construction hours.
5.3.6.9 Miscellaneous Construction Policies
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The following miscellaneous construction policies apply to all Owners, contractors,
sub-contractors, suppliers, and their employees on site during construction:
1. Changing oil on any vehicle or equipment, or discharge of oil or other vehicular
products onto the ground, into utility structures, or into waters of the site is
prohibited.
2. Concrete truck or equipment wash-out or disposal of excess concrete is prohibited
except as shown on Grading/Construction Management Plan.
3. Removal of plant materials, or topsoil from any Parcel other than the subject site
is prohibited.
4. Only one construction sign (no larger than 4'x4') as approved by the DRB is
permitted on each site.
5. A minimum of one 1016 ABC rated dry chemical fire extinguisher shall be
conspicuously located and immediately available on each construction site.
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6. MISCELLANEOUS ITEMS
6.1. COMPLIANCE & COMPLETION REQUIREMENTS
6.1.1. CD (Compliance Deposit)
Prior to Town issuance of a building permit, and as a condition of Technical
Review Approval, a CD shall be delivered to the DRB along with the executed
CD Agreement. The CD will serve as security for compliance with the
performance of all previously defined activities, including but not limited to
exterior furnishings, signage, lighting and construction, and approved
Construction Drawings. The DRB may use, apply or retain any or all of a CD to
reimburse the DRB for any cost incurred in enforcing compliance on behalf of a
project, or for collecting charges for noncompliance. The DRB, prior to using the
CD, shall notify the Owner in writing.
Any time a CD is drawn below its original amount the Owner must restore the CD
to its original amount within 30 calendar days otherwise construction activities
shall be stopped immediately. Any expenses incurred by the DRB to ensure
compliance with the Guidelines, design review procedure, or with the approved
final plans, that exceed the amount of the CD may be placed as a lien on the
Owner’s Parcel.
The CD will be held by the DRB for a period of 2 years after completion as a
warranty for completion of certain items, which include, but are not limited to,
landscape materials, paving materials, signage and drainage and erosion control
appliances. Upon completion of the 2-year time period, Owner must request
return of its CD in writing to the DRB.
6.1.2. Compliance Inspections
As set forth elsewhere in these Guidelines, the DRB may from time to time
conduct inspections to ensure compliance with the Guidelines, approved final
Construction Drawings and the Construction Management Plan. If changes,
alternatives or other areas of noncompliance are found a Notice to Comply will be
issued.
6.1.3. Notice to Comply during Construction
Noncompliance with the approved Site Plan, Architectural Plans, Landscape
Plans or these Guidelines will result in the Issuance of a Construction Notice to
Comply detailing such noncompliance. Such Notice shall be delivered on site to
the construction team and a Notice will be sent to the Owner.
For a minor noncompliance, such Notice shall include a Schedule of Construction
Fines as well as a Construction Self Help date (see below for Standard Minor
Construction Notice to Comply). If the noncompliance is not fixed within 5
calendar days after receipt of Notice, then charges shall accrue at a rate of $100
per calendar day (Miscellaneous Minor noncompliances such as parking fines and
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Site Cleanliness fines attached in Appendix C). The Construction Self Help date
shall be the 10th calendar day after receipt of Notice.
Standard Minor Construction Notice to Comply:
Minor Construction Notice to Comply
Dear Owner,
You are hereby notified that you and your Parcel, specifically Parcel _____, are in violation
of The Village (at Avon) Design Review Guidelines (the Guidelines). You are in violation of
Section 6.1.3, specifically, you have failed to ______________ (reason for noncompliance).
This letter shall serve as official Notice that failure to correct the noncompliance within 5
calendar days shall subject you to the daily accrual of fines (see attached Schedule of
Construction Fines). In addition, should the noncompliance fail to be cured within 10 calendar
days, the Design Review Board (the DRB) reserves the right to Construction Self Help, as
defined in the Guidelines. The DRB shall collect all fines accrued and all costs incurred in
bringing you and your Parcel into compliance in accordance with the Guidelines. The fines
accrued constitute Noncompliance Assessments, and any self-help expenses incurred by the
DRB constitute Reimbursement Assessments, both as defined in the Guidelines.
For a major noncompliance, which is any noncompliance that will result in a
denial of a Letter of Compliance from the DRB, and thus the Owner will not
receive a Certificate of Occupancy; the DRB shall issue a Major Construction
Notice to Comply (see below for Standard Major Construction Notice to
Comply). The Owner, upon receipt of the Major Construction Notice to Comply,
must contact the DRB within 2 business days to set up a meeting. Failure to do so
shall result in a daily fine of $500 per calendar day until the day the Owner
contacts the DRB. Once a meeting has been set, the Owner must present a
detailed plan and timetable to remedy the noncompliance (in accordance with
Section 5.3.5.4). If approved at the meeting, the plan and timetable are to be
implemented, and will be monitored by the DRB. If rejected, the DRB will
indicate the reasons for rejection, and the Owner will have an additional 3
business days to prepare a revised plan and timetable, and to meet with the DRB
for review and approval of the revised proposal. Failure to prepare a revised plan
shall result in a $500 per calendar day fine. Failure to rectify the noncompliance
in accordance with DRB recommendations shall result in the denial of a Letter of
Compliance, and the Owner will not receive a Certificate of Occupancy from the
Town of Avon. In addition, the DRB has the right, but not the obligation, to
Major Construction Self Help should the Owner fail to cure the Noncompliance
within 30 calendar days of receipt of Notice.
Standard Major Construction Notice to Comply:
Major Construction Notice to Comply
Dear Owner,
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You are hereby notified that you and your Parcel, specifically Parcel _____, are in violation
of The Village (at Avon) Design Review Guidelines (the Guidelines). You have failed to
_________ (reason for noncompliance). This letter shall serve as official Notice that you must
contact the Design Review Board (the DRB) within 2 business days to set up a meeting. Failure
to do so shall subject you to the daily accrual of fines in the amount of $500. You must meet
with the DRB and present a plan to remedy the noncompliance. Failure to address the
noncompliance in accordance with the Guidelines shall result in the non issuance of the DRB
Letter of Compliance, a letter the Owner needs in order to get a Certificate of Occupancy from
the Town of Avon. In addition, should the Owner fail to contact the DRB within 30 calendar
days of receipt of Notice, the DRB reserves the right to Major Construction Self Help, as
defined in the Guidelines. The DRB shall collect all fines accrued and all costs incurred in
bringing you and your Parcel into compliance in accordance with the Guidelines. The fines
accrued constitute Noncompliance Assessments, and any self-help expenses incurred by the
DRB constitute Reimbursement Assessments, both as defined in the Guidelines.
All fines etc can be deducted from the CD and all construction work is to be
stopped as is required by the provisions of the CD section above. Upon
implementation of the approved plan, the CD will be restored back to its original
balance or to an amount the DRB deems appropriate and in accordance with the
Guidelines and construction will be allowed to commence.
The DRB may use any or all of a CD to enforce resolution of a noncompliance
issue.
6.2. NON-LIABILITY, NON-WAIVER
Neither the DRB nor any member, employee, consultant, agent, will be liable to any party
for any action, or failure to act with respect to any matter.
Failure on the part of the DRB to complain of any action or non-action, or any non-
compliance etc no matter how long the same may continue, shall never be deemed to be a
waiver by the DRB of any of its rights hereunder. No waiver at any time of any of the
provisions hereof by the DRB shall be construed as a waiver of any of the other
provisions hereof, and a waiver at any time of any of the provisions hereof shall not be
construed as a waiver at any subsequent time of the same provisions. The consent or
approval of DRB, as applicable, to or of any action by the other party requiring DRB’s
consent or approval shall not be deemed to waive or render unnecessary the need to
obtain said consent or approval to or of any subsequent similar act. Unless expressly
provided to the contrary, any consent required of DRB in any provision of these
Guidelines may be withheld by the DRB in its sole discretion.
6.3. ENFORCEMENT after Construction
After a CO has been issued the Owner is responsible to ensure that the Owner’s
improvements and Development are perpetually in compliance with the Guidelines.
Should the Owner not comply with the Guidelines in any way at any time, the DRB has
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the right to enforce the Guidelines and impose fines upon the Owner until such
noncompliance has been resolved. Below are some examples of noncompliance of the
Guidelines:
-Failure to comply with the Design Philosophy or Design Theme of the DRB.
-Failure to comply with the Guidelines.
-Failure to properly maintain an improvement in accordance with the DRB
recommendations.
-Failure to properly maintain Development.
-Failure to properly remove snow in accordance with the Guidelines.
-Failure to properly maintain landscaping.
-Failure to properly modify the Landscape Plan.
-Failure to follow the landscaping guidelines.
NOTE: In certain instances, the party responsible for violating the Guidelines is not the
Owner of the Parcel or Development. In such cases, the responsible party shall follow
the Guidelines and be responsible for remedying the noncompliance in the same way that
the Owner would have been responsible. The DRB has the right to enforce fines and
charges on the responsible party, as if the responsible party is the Owner. In its sole
discretion and on a case by case basis, the DRB may enforce fines and charges on the
Owner and the responsible party.
6.3.1. Notice to Comply
In situations where a noncompliance is not discussed specifically in these
Guidelines, and except as set forth elsewhere in these Guidelines and Appendices,
the following shall apply. Should there be any noncompliance of the Guidelines,
the DRB shall send a Notice to Comply (see below) detailing the noncompliance,
such Notice shall set out the required action and time within which to cure the
noncompliance. In addition, such Notice shall include a Schedule of Fines and
the Authority to Remedy date (as set out in section 6.3.5) should the
noncompliance remain uncured.
Notice shall be sent to the Owner as soon as practicable upon detection of the
noncompliance. All Notices shall be sent to the Owner certified mail to the
Address of Notice (as defined in Section 6.5.1.).
Standard Notice to Comply:
Notice to Comply
Dear Owner,
You are hereby notified that you and your Parcel, specifically Parcel ________, are in
violation of The Village (at Avon) Design Review Guidelines (the Guidelines). You are not in
compliance with Section ___ of the Guidelines because ________ (reason for noncompliance).
This letter shall serve as official Notice that you must remedy the noncompliance by ________
(means to remedy the noncompliance), including submittal of any materials to the Design
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Review Board (the DRB) for approval, if appropriate, within ___ calendar days after receipt
of this Notice. Failure to do so will subject you to the daily accrual of fines (see attached
Schedule of Fines). In addition, if the noncompliance remains by the ___ calendar day
following receipt of this Notice, then the DRB reserves the right to Self Help, as set out in this
letter. The DRB shall collect all fines accrued and all costs incurred in bringing you and your
Parcel into compliance in accordance with the Guidelines. The fines accrued constitute
Noncompliance Assessments, and any self-help expenses incurred by the DRB constitute
Reimbursement Assessments, both as defined in the Guidelines.
NOTE: All standard Notices, Schedule of Fines, Self Help, including elsewhere in the
Guidelines, may be subject to modification to properly address the issue.
6.3.2. Violation Abatement
Once notified, the Owner must cure the noncompliance or fines will accrue based
on the Schedule of Fines included in the Notice. Immediate abatement may be
required when the noncompliance poses a health or life safety risk or when the
effects of the noncompliance are deemed to be progressive. The DRB reserves
the Authority to Remedy pursuant to section 6.3.5.
Proposed fines will be waived automatically and stop accruing once the
noncompliance is cured. In all instances, in order to cure the noncompliance, the
Owner must contact the DRB and have the DRB confirm that such
noncompliance has been cured.
The proposed fines shall accrue daily for each calendar day beyond the specified
cure time until cured.
The Owner always has the option to contact the DRB with any questions the
Owner may have or appeal the Notice to Comply in accordance with Section 6.3.3
below, however the Schedule of Fines shall continue to accrue and the Authority
to Remedy date shall not be modified unless the DRB issues a modification to the
Owner in writing.
6.3.3. Hearing
The DRB acting as Hearing Committee (made up of 2 appointed members of the
DRB and the DRB President) may consider an appeal of the Notice to Comply
should the Owner disagree with the noncompliance. The Owner must protest the
noncompliance within 5 business days after receipt of the Notice to Comply by
contacting the DRB.
The Hearing Committee will hear the matter of noncompliance at its first regular
meeting not less than 10 business days after the Committee has received Notice
that the Owner disagrees with the noncompliance. At such time, the Owner is
invited to present any statement, evidence and witness on the Owner’s behalf.
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The DRB may waive, reduce, or impose the proposed fine in the DRB’s sole
discretion.
6.3.4. Appeal
Decisions and directions of the Hearing Committee are final with no appeal
process available to the Owner.
6.3.5. Authority to Remedy
If recommended by the DRB, the DRB has the authority to enter upon a site and
undertake such measures as may be required to meet the quality of appearance
consistent with the Design Philosophy and to be in compliance with the
Guidelines (including health and fire safety etc) and/or Declaration. The DRB
will determine the Authority to Remedy date in the Notice to Comply. All costs
incurred in exercising the DRB’s Authority to Remedy (including Snow Removal
Self Help, Landscaping Self Help, Signage Self Help, Construction Self Help) are
Reimbursement Assessments (as defined in the Declaration).
6.3.6 Fines
All fines incurred, as set out in the Guidelines, because an Owner or Parcel is not
in compliance with the Guidelines and/or Declaration is a Noncompliance
Assessment (as defined in the Declaration).
NOTE: See Declaration for rules governing Assessments, including but not
limited to, the Owner’s Obligation for Assessments, Late Charges and Interest,
and Liens for Assessments.
6.4. FEES, DEPOSITS, AND FINES
The DRB retains the services of a consultant to perform the design review function and
fees are set out below:
6.4.1. Residential / Commercial / Municipal / Cultural / Recreation
Owners/Applicants shall execute the agreement (see Appendix D) to pay and
make an initial deposit payment of $5,000 for DRB Pre Design Conference
review of any residential /commercial/municipal improvement plans. The $5,000
nonrefundable deposit and executed agreement to pay shall be payable at the time
of submitting the Predesign Conference. To the extent that the $5,000 is
insufficient, then Owner shall make such additional payments as required by the
DRB. No credit for this deposit shall be applicable to future design review fees
due and owing. Applicant shall make additional deposits as determined by the
DRB Administrator in its sole discretion to cover anticipated review expenses.
See Appendix A.
6.4.2. Miscellaneous Additional One-time fees
▪ Review of plan modifications during construction: $500 to $5,000 depending on
plan modification.
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▪ Review of Master Sign Program (includes temporary signs and Development
Master Sign Program) $500
▪ Placement of Satellite Dish $100
▪ Revised Sign Program/Multiple signs: $500
▪ Review of Landscape Plan: $500
▪ New/revised Landscape Plan: $400
▪ Exterior remodel/renovation: $100 per $10,000 valuation
▪ Construction Management Plan not part of a project Application: $250
▪ Fees for projects and activities outside of the scope of this schedule will be
determined by the DRB.
6.4.3. Excess Fees
All fees are owed whether or not a consultant has been retained by DRB. The
above fees are in addition to the Application fees. The consultant will charge the
DRB on actual time and expense basis, and the Owner will be responsible to
reimburse the DRB for the consultant’s fees if they exceed the amounts set forth
in this Section 6.4. If the actual fees charged by any consultant are less than the
design review fee, the DRB shall retain any such excess to be used for further
DRB and land planning purposes.
NOTE: All regulations, rules, fines, compliance deposit requirement etc can be
modified by the DRB on a case by case basis to ensure consistency with the
Design Philosophy and the Guidelines.
6.4.4. Fines
Failure to Properly Maintain Development: $1,000 per calendar day, 5 calendar
days after receipt of Notice.
Failure to implement the modified Landscape Plan using best efforts: $1,000 per
calendar day, 5 calendar days after receipt of Notice.
6.5 MISCELLANEOUS
6.5.1 Address of Notice
Unless otherwise notified in writing, all letters sent by Owner to the DRB should
be sent to the DRB’s Address of Notice via courier mail:
The Village (at Avon) Design Review Board
0101 Fawcett Road, Suite 210
Avon CO 81620
It is the Owner’s responsibility to provide an up to date Owner’s Address of
Notice to the DRB where the Owner would like Notices and miscellaneous
correspondence to be sent via certified mail.
6.5.2 Payments made to the DRB
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All payments etc shall be in the form of checks made out to “The Village (at
Avon) Design Review Board.” Should applicant desire to wire funds, applicant
should reach out to the DRB administrator for more information.
6.5.3 DRB Administrator
The DRB shall appoint, from time to time, the DRB Administrator. Call the DRB
at 970-949-6776 for more information on the DRB Administrator.
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APPENDICIES
APPENDIX A DRB APPLICATION FORM
APPENDIX B SCHEDULE OF COMPLIANCE DEPOSITS AND
COMPLIANCE DEPOSIT AGREEMENT
APPENDIX C SCHEDULE OF CONSTRUCTION NON COMPLIANCE FINES
APPENDIX D AGREEMENT TO PAY
EXHIBITS
EXHIBIT A PUD Guide Section D - Development Standards
EXHIBIT B The Village (at Avon) PUD Master Plan
EXHIBIT C Arthur Erickson Resume
EXHIBIT D Design Inspiration Plaza
EXHIBIT E Phase I Grading
EXHIBIT F Canopy Inspiration
EXHIBIT G Planning Area J Design Imagery
EXHIBIT H The Village (at Avon) Design Concept
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APPENDIX A
DRB APPLICATION FORM
Application Date: ___________________ Fee Amount: $____________________
Type of Application:
□ Pre-Design Conference ($200 Application Fee) as well as the $5,000 deposit (See
Section 6.4)
□ Preliminary Design Review ($300 Application Fee) as well as any additional deposit
required (See Section 6.4)
□ Final Design Review ($400 Application Fee) as well as any additional deposit required
(See Section 6.4)
□ Technical Review ($500 Application Fee) as well as any additional deposit required
(See Section 6.4)
□ Letter of Compliance Inspection ($600 Application Fee) as well as any additional
deposit required (See Section 6.4)
A DRB meeting date will not be set until the Application is determined to be complete.
Application Fees must be submitted at time of Application submittal. The Agreement to
Pay must be executed and submitted in connection with the Application submittal,
including payment of the required funds.
Project Information
A. NAME OF PROJECT: ______________________________________
PROJECT DESCRIPTION: __________________________________
_________________________________________________________
B. LOCATION OF PROJECT (LEGAL ADDRESS):
LOT: ___________ BLOCK: ______________ FILING: ____________
OTHER: _________________________________________________
STREET ADDRESS: _______________________________________
C. NAME OF OWNER(S):
PRINTED NAME: _________________________________________
SIGNATURE: _____________________________________________
MAILING ADDRESS: ______________________________________
MAILING ADDRESS: ______________________________________
TELEPHONE: _____________________ FAX: __________________
E-MAIL: _________________________________________________
D. APPLICANT:
PRINTED NAME: _________________________________________
SIGNATURE: _____________________________________________
MAILING ADDRESS: ______________________________________
ATTACHMENT A
The Village (at Avon) Design Review Guidelines
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MAILING ADDRESS: ______________________________________
TELEPHONE: _____________________ FAX: __________________
E-MAIL: _________________________________________________
ATTACHMENT A
The Village (at Avon) Design Review Guidelines
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APPENDIX B
SCHEDULE OF COMPLIANCE DEPOSITS AND COMPLIANCE DEPOSIT AGREEMENT
The DRB required compliance deposit amount will be determined on a case-by-case basis. For
large developments, such as hotels, multi family, typically the DRB will require $250,000-
$300,000. For single family housing, the DRB would require a $40,000 deposit.
COMPLIANCE DEPOSIT AGREEMENT
THIS COMPLIANCE DEPOSIT AGREEMENT (this “Agreement”) is entered into as
________________ ___, 20__, between _______________ a _________________ (the “Owner”) and The
Village (at Avon) Design Review Board (the “DRB”).
RECITALS
WHEREAS, Owner has applied to the DRB for the approval of certain property development
proposals within The Village (at Avon) (the “Development”), in accordance with the terms and conditions
of The Village (at Avon) Design Review Guidelines (as may be amended, the “Guidelines”). Pursuant to
the Guidelines, Owner has delivered to the DRB a Compliance Deposit (as defined in the Guidelines); and
WHEREAS, Owner and the DRB wish to set forth the terms and conditions upon which the
Compliance Deposit is to be held, disbursed, refunded and/or supplemented.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein, Owner and the DRB agree as follows:
AGREEMENT
4. Definitions. Terms not otherwise defined herein will have the meaning ascribed to said terms in
the Guidelines.
5. Compliance Deposit. Within 2 business days after the Town has issued a building permit for the
Owner’s project, Owner shall pay to the DRB the Compliance Deposit in the form of cash or
irrevocable letter of credit, in the amount of ______________ dollars ($________), as calculated
in Appendix B of the Guidelines. The DRB will hold and disburse the Compliance Deposit to
ensure that Owner complies with all requirements under the Guidelines. The DRB has the right to
raise or lower the amount of the Compliance Deposit at any time, should the DRB determine, in its
sole and absolute discretion, that the amount of the Compliance Deposit is insufficient.
6. Disbursement of Compliance Deposit. The DRB may, in its sole and absolute discretion, draw on
the Compliance Deposit for any expenses it may incur to enforce Owner’s compliance with the
Guidelines, to remedy any noncompliance (including implementing DRB recommendations), or to
collect payment for any Assessments or any other fees or outstanding payments, in accordance with
the Guidelines. Prior to drawing on the Compliance Deposit, the DRB will provide written notice
to Owner, setting forth when the DRB intends to draw on the Compliance Deposit, and the reason
for which the DRB intends to draw on the Compliance Deposit. Owner shall have a period of 30
days after receipt of such notice in which to cure the alleged violation before the DRB draws on
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the Compliance Deposit. Any sums withdrawn by the DRB shall be used solely for the purpose of
remedying Owner’s noncompliance and to reimburse itself for expenses incurred in connection
therewith.
7. Restoration of Compliance Deposit. Should the DRB draw upon the Compliance Deposit, Owner
must restore the Compliance Deposit to its original amount within thirty (30) calendar days. If the
Compliance Deposit is not fully restored within such time all activities on Owner’s property that
are subject to the Guidelines must immediately cease.
8. Return of Compliance Deposit. The DRB will return to Owner any Compliance Deposit funds
remaining (minus amount to be withheld in accordance with Section 7) at such time as the DRB
issues Owner a Letter of Compliance, in accordance with the Guidelines (the “Deposit Release”).
9. Retention of Compliance Deposit. The DRB will retain ten percent (10%), or another amount as
deemed appropriate by the DRB, of the Compliance Deposit, (the “Retained Deposit”), for a
period of two years after the date of the Deposit Release. The DRB may draw on the Retained
Deposit in accordance with Section 3 and Section 4. After the termination of such two-year period,
Owner may submit to the DRB a written request for the return of the Retained Deposit, and the
DRB will return to Owner the Retained Deposit, provided the Owner has remained in compliance
with the Guidelines during such two-year period, or has remedied noncompliance issues raised by
the DRB within the 30 day period referenced in Section 3. Failure to comply with the Guidelines
during the 2-year period shall result in an automatic two-year extension of the Retained Deposit.
10. Interest. Any interest accruing on the Compliance Deposit shall accrue for the benefit of the DRB.
11. Law. This Agreement and all matters and issues collateral thereto will be governed by the laws of
the State of Colorado. Each party shall also have the right to obtain a declaratory judgment, whether
the issue is ripe or not. If a court will not issue a declaratory judgment because the issue is not ripe,
the parties agree to submit any disputes under this Agreement to the Judicial Arbiter’s Group
(“JAG”) (or similar entity if JAG is no longer in existence) for binding resolution in accordance
with the Colorado Uniform Arbitration Act.
12. Severability. If any terms, covenants, or provisions of this Agreement are found to be illegal or
unenforceable for any reason, the same will not invalidate any other term, covenants, or provisions,
and all of the remaining terms, covenants, and provisions will remain in full force and effect.
13. Counterparts; Facsimile or Electronic Signatures. This Agreement may be executed in one or more
counterparts, and each such counterparts taken together will be deemed to be one and the same
agreement. Facsimile or electronically transmitted signatures hereunder will be deemed to be
originals.
14. Attorneys' Fees/Entire Agreement/Amendment. If any party resorts to legal action to enforce its
rights under the terms of this Agreement, the prevailing party shall be entitled to receive its
reasonable attorneys’ fees and costs. This Agreement embodies the entire agreement between the
parties with respect to the matters contained herein. This Agreement may be amended only by a
written agreement signed by the parties hereto.
12. Conflict. In the event that this Compliance Deposit Agreement conflicts with the Guidelines, this
agreement shall control.
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The Village (at Avon) Design Review Guidelines
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IN WITNESS WHEREOF, Owner and the DRB have executed this Agreement as of the date first set forth
above.
Owner
By:
(Signature)
(Print Name)
TITLE: ________________________
The Village (at Avon) Design Review Board
By:
(Signature)
Eric Applegate, DRB President
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The Village (at Avon) Design Review Guidelines
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APPENDIX C
CONSTRUCTION NON-COMPLIANCE FINES
PARKING: Per vehicle per calendar day
First Offense $75.00
Second Offense, same vehicle $100.00
Third Offense, same vehicle $150.00
Fourth Offense, same vehicle $225.00 and vehicle is banned from site
SITE CLEANLINESS:
There is a 3 calendar day grace period, and then charges shall accrue at the below rate. Owner
shall be provided 6 calendar days after receipt of Notice until DRB elects to exercise its right to
self help (Site Cleanliness Self Help Date):
Each infraction, per calendar day $250.00
This list is not exhaustive. Fines may also be incurred as otherwise set forth throughout these
Guidelines.
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APPENDIX D
Agreement to pay (Read and sign by person responsible for payment)
1. I/We understand that charges for time spent processing this application will be based on the
fee schedule and the DRB Guidelines.
2. Further, I/we understand that my/our initial deposit is a retainer and not a fee. This deposit
will set up an account, which shall be charged at the hourly rate, as determined by the DRB, and
its consultants while processing the application. I/We understand that should the final costs be
more than the deposit I/we will be billed for additional charges. If the final costs are less, the
unused portion of the deposit will be kept by the DRB at the conclusion of the process or final
inspection of the completed project. Also, I/we understand that processing time may include, but
is not limited to:
a) Reviewing plans / submittal packages
b) Routing plans to and communicating with inter-office departments and outside
agencies.
c) Researching documents relative to site history.
d) Site visits.
e) Consulting with applicant and/or other interested parties either in person or by phone.
f) Preparing environmental documents.
g) Drafting of reports and resolutions.
h) Preparing pertinent maps, graphs and exhibits.
i) Attending meetings and hearings.
3. I/we also understand that receipt of all discretionary approvals does not constitute an
entitlement to begin work. Non-discretionary approvals may be required from the Building and
Engineering Divisions, Fire District, Eagle River Water & Sanitation District, Upper Eagle
Regional Water Authority, and other agencies. Other fees may be owed, including Building
Permit Fees, Right of Way Permit fees, and other fees, all of which are not included in the
retainer paid to the DRB and owed separately.
4.I/We assume full responsibility for all costs incurred by the DRB in processing this application.
I/We understand and agree that if payment for these costs is not received by the DRB within
30 days of the billing date, processing shall be terminated until all past due amounts have
been fully paid.
SIGNATURE _________________________
PRINT NAME: _______________________
DATE: __________
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EXHIBIT A
PUD Guide Section D - Development Standards (as amended)
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EXHIBIT B
The Village (at Avon) PUD Master Plan (as amended)
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EXHIBIT C
Arthur Erickson Resume
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EXHIBIT D
Design Inspiration Plaza
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EXHIBIT E
Phase 1 Grading
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EXHIBIT F
Canopy Inspiration
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EXHIBIT G
Planning Area J Design Imagery
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EXHIBIT H
The Village (at Avon) Design Concept
ATTACHMENT A
Managed by Eagle River Water & Sanitation District
846 Forest Road | Vail, Colorado 81657 | 970.477.5451 | erwsd.org
GOVERNED BY:
The Metropolitan
Districts of:
Arrowhead
Beaver Creek
Berry Creek
EagleVail
Edwards
The Town of Avon
TO Board of Directors
FROM Liz S. Miller, Government Affairs Administrator
DATE Aug. 4, 2026
SUBJECT Summary of Jul. 23, 2026, Board Meeting
The following is a summary of items discussed at the Authority’s Jul. 23, 2026, regular Board meeting.
Directors present were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Joanna
Kerwin, Kevin Hillgren, and Tamra Underwood.
Water Shortage Update
Water Dedication Policy Update
Power & Communication Outage
Response
Wildridge Booster Pump
Station
Bolts Lake Update
Staff reported that all of Eagle County remains in exceptional drought, with
the Authority and District service areas continuing under Stage III water
restrictions and a two-day watering schedule. Overall water use has
decreased 24% this summer, including a 41% reduction in irrigation use,
reflecting the community's strong conservation response to the water
shortage.
The Board approved a minor revision to the Water Dedication Policy and
Cash in Lieu Policy that was adopted on Jun. 25. The revision clarified that
Eagle Park Reservoir Company shares are an acceptable form of water
dedication.
On Jul. 7, more than 40 staff members responded overnight to maintain
essential water and wastewater services during the 14-hour outage with no
regulatory compliance issues. Staff noted the unprecedented challenges
created by the outage and the effectiveness of the District's emergency
preparedness.
Staff reviewed the project's scope, including pump and generator
upgrades, wildfire-resistant roofing, and aging infrastructure replacement,
as part of resiliency efforts in the Avon area.
Staff reported continued progress on the project including a reduced
wetlands mitigation requirement, positive on-site testing results, review of
the 60% design, updated cost estimates, and a construction schedule
targeted for August.