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PZC Packet 060512VONTo The Avon Planning and Zoning Commission Fr Jared Barnes, Planner I 0 - <, a , D „ Date June 1, 2012 RE: Lot 115, Block 1, Wildridge Subdivision — Sunday Residence Update Summary At the May 15, 2012, the Planning and Zoning Commission (PZC) tabled the Major Design and Development Plan for a new single-family residence at 2090 Beaver Creek Point. The PZC discussed the proposal and had a generally favorable view of the project. They did express concern over the reduced roof overhangs and its associated Alternative Equivalent Compliance (AEC) request. There was little support for this request as it appeared the proposed structure maximized its development envelope and the result was not an enhanced roof design. Modifications The Applicant has revised the proposed plan to reduce the overall size of the structure. This reduction allows the roof overhangs to increase in size and meet the minimum one and one-half foot (15) requirement of the code. Subsequently the applicant has withdrawn his AEC request and is solely seeking approval of the Major Design and Development Plan. Staff has included the original staff report for the May 15, 2012 PZC meeting as an attachment to this memo. Recommendation Staff is recommending approval of the Major Design and Development Plan with the conditions of approval outlined in the Staff Report dated May 11, 2012, duly noted below: 1. A soils report and structural engineered plan set be provided prior to building permit issuance, to confirm that the proposed foundation wall design (note 1) is adequate for the site; and, 2. A ROW permit be issued to allow the mulch beds to extend into the Town of Avon Right -of - Way, or the area be removed from the TOA ROW and an equal area be provided on the subject property. Attached: A. Staff Report from Jared Barnes dated May 11, 2012 Staff Report — Major Design and Development Plan/AEC TIWI May 15, 2012 Planning & Zoning Commission Meeting AV EN, Report date May 11, 2012 Project type New Residential Construction — 1 Single -Family Residence Legal description Lot 115, Block 1, Wildridge Subdivision Zoning Planned Unit Development (PUD) — 1 Unit Address 2090 Beaver Creek Point///111 inn Prepared By Jared Barnes, Planner 1 l ur,l Summary of Requests The Applicant, Jeff Manley, representing Daniel Sunday (the Owner), has submitted a Major Design and Development application, and an Alternative Equivalent Compliance (AEC) application for a new single-family residence on Lot 115, Block 1 of the Wildridge Subdivision, also described as 2090 Beaver Creek Point (the Property). The Applicant is proposing to develop an approximately forty-three hundred (4,300) square foot residence with an approximately fifteen -hundred (1,500) square foot attached garage. The residence will utilize stucco, wood siding and stone, as well as, asphalt and standing seam metal roofing. Property Description The Property is 0.38 acres with frontage on Beaver Creek point on the northern property line. The Property is relatively flat with the southeastern portion containing steeper downhill sloping grades, in addition to native vegetation. The property contains typical setbacks (twenty-five feet (25') front and ten foot (10') side and rear) and easements (ten foot (10') front and seven and one-half foot (75) side and rear), but does contain a unique plat note that restricts the allowed height, as discussed later in this report. The surrounding uses are mainly open space parcels, with a single- family structure currently under construction to the east. A Vicinity Map is included for reference as Exhibit A. Planning Analysis Allowed Use and Density. The Property is zoned for one (1) residential dwelling unit and the proposed single-family residence complies with this requirement. Lot Coverage, Setback and Easements: This unit complies with the maximum lot coverage, by providing thirty percent (30%) of site covered by the building and its overhangs. The proposed building is located within the required setbacks and a majority of all development is removed from the easements. The Applicant is proposing an at -grade patio extending into the southwestern easement, which is allowed. Building Height: The maximum building height permitted for this property is eighteen feet (18'). The maximum building height for this lot in particular is different from the rest of the Wildridge Subdivision. The Wildridge Replat #2 contains a note that states: "5. Block 1 Height Restrictions: Lots 112, 113, & 116 shall have no part of any structure on these lots of greater than 24 feet, and Lots 114 & 115 shall have no part of any structure greater than 18 feet, above finished road centerline elevation at center of lot frontage." The subject property is adjacent to the cul-de-sac, which has a center elevation of 8214.1', as exhibited on the property survey. This elevation combined with the plat note, limits the proposed May 15, 2012 PZC Meeting — Lot 115, Block 1, WR Sunday Residence structure's building height to a maximum of 8232.1'. All roof ridges comply with this elevation and the maximum building height. As the proposed building height is within eighteen inches (18") of the maximum height allowed by zoning, an Improvement Location Certificate (ILC) is required during construction to verify compliance. Parking: The parking requirement for this unit is three (3) on-site parking spaces. The Applicant is proposing a minimum of six (6) spaces (three (3) in the garage and three (3) outside the garage). The garage is oversized and will allow for double depth parking in the main garage, plus additional motorcycle parking in the extra garage space. In all, the potential interior parking could increase to five (5) spaces. The proposed side loaded garage parking configuration complies with the code requirement and allows for extra vehicle and motorcycle parking interior to the structure. Outdoor Lighting: The Applicant is proposing to use a Capital Lighting 9092RI-GD light fixture (Exhibit B). This fixture is classified as a wall sconce, but is a full -cut off fixture that is Dark Sky compliant and meets the Town of Avon standards. There will be five (5) of these fixtures as shown on the building elevations. In addition to the wall sconce fixtures, the Applicant is proposing nine (9) recessed can light fixtures to be placed at additional exterior locations. Snow Storage: The Applicant is proposing three hundred and eighty-seven (387) square feet of snow storage area along the driveway. This amount exceeds the required twenty percent (20%) of the driveway area, which amounts to three hundred and fifty-six (356) square feet. The snow storage area appears to be functional space that does not encroach into the Town of Avon's snow storage easement. Engineering Analysis General Requirements: Note 1 of the Site Plan on Sheet A1.1, states that the foundation walls will include rebar doweled into bedrock. Staff has potential concerns and would prefer that the soils report and structural engineering plans support this recommendation. Staff recommends that this comment be added as a condition of approval that will be addressed prior to the issuance of building permit. Driveways: The proposed driveway configuration, grading and drainage all meet the Town's minimum standards. Due to the flat topography of the site, the maximum driveway grade is three percent (3%). Grading: The Applicant is proposing minimal grading on-site. Most grading is proposed to achieve positive drainage away from the structure. There is proposed grading off-site to the southwest of the structure. This proposed grading extends onto Tract A, Benchmark at Beaver Creek Subdivision which is owned by S&G Partnership. Staff has received an approval letter from Jay Peterson, Bailey & Peterson, representing the owner of the property allowing the grading to extend onto this parcel. The Applicant is proposing to re -vegetate this area in conjunction with the rest of the re -vegetation that will occur. Retaining Walls: The Applicant is proposing to use a series of boulder retaining walls to the south and southwest of the structure. The proposed walls will have a maximum height of four feet (4') and will be used to help create drainage around the structure as well as create a flat area for a patio. Design Standards Analysis Landscaping: The Applicant is proposing to use a mix of trees and shrubs to create an extensive Landscape Plan. The Applicant complies with the code by proposing a landscaped area of 9,645 May 15, 2012 PZC Meeting — Lot 115, Block 1, WR Sunday Residence 2 square feet (fifty-eight percent (58%) of lot area) and irrigated area is seventeen -hundred (1,700) square feet (seventeen and one-half percent (17.5%) of landscaped area). The amount of proposed landscaped area results in the need for a minimum of one -hundred and ninety-three (193) landscape units (one (1) unit per fifty (50) square feet of landscaped area) with a minimum of twenty-five percent (25%) of those units provided as trees. As shown in the Landscape unit calculation table on Sheet A1.1, the applicant is proposing one -hundred and ninety-five and one- quarter (195.25) units with one -hundred (100) of those units being proposed as trees. Staff has reviewed the proposed design and has determined that it meets the code requirements. The landscape plan proposal includes spruce, aspen, and maple trees as well as service berry, lilac, sandcherry, spirea, and coral beauty shrubs. In addition to the plantings and grounds cover, the Applicant is proposing to retain eighteen -hundred (1,800) square foot area of native vegetation on the southern portion of the lot. Within this area there are many large established service berry shrubs that are being included as retained vegetation for the purpose of unit calculations. Staff has reviewed the retained planting request and has determined that the number proposed is a conservative amount when compared to the actual number on-site. The plan does include minimal areas of mulch beds that extend beyond the property line. Final approval of this landscaping area will be required from the Public Work Department through the issuance of a Right -of -Way (ROW) Permit. Building Materials and Colors: The primary exterior building materials are board and batt siding, stucco, and stone veneer. The proposed colors are: Porter stain "Ginger" for the siding and "Moondust" (STO 93440) for the stucco. The trim and fascia will use a Porter stain "Tahoe" (#714), while the stone veneer will be a "Telluride Negril" selection utilizing random shapes. A photograph of the color/material board is provided as Exhibit C and the board will be available for review at the meeting. Roofs: The applicant is proposing a combination of asphalt shingles and standing seam metal roofing. All of the asphalt shingles will have a five -in -twelve (5:12) roof pitch, while the standing seam metal roofing will have a three -in -twelve (3:12) pitch. Both of the proposed roof forms and pitches comply with the Design Standards which require minimum roof pitches of four -in -twelve (4:12), but allows metal roofs to have a minimum of three -in -twelve (3:12). The Design Standards also require a minimum roof overhang of one and one-half feet (1.5'). The applicant is proposing varied roof overhangs with most overhangs exceeding this minimum. There are a few locations, specifically the north side of the garage, southwest side of the dining room, and east side of the master bathroom as shown on Sheet A2.3, where the roof overhang is less than the required amount. The Applicant has proposed an AEC request (Exhibit D) to exempt these locations from this minimum. The applicant argues that the intent of this requirement is for water flow and snow shedding, protecting the pedestrian movements, and creating shadow lines. The applicant states that this intent is met because the reduced overhangs are located above landscaped areas and utilize gutters and downspouts to help with water shedding. Furthermore, the reduced roof overhang on the north side of the garage allows the garage to become larger, in turn reducing the amount of vehicles required to be parked in the driveway. If the PZC is comfortable with the requested AEC, staff suggests that the Recommended Motion be followed, otherwise Staff would encourage the PZC to either add a condition of approval or table the application to allow the Applicant to revise the proposal. May 15, 2012 PZC Meeting — Lot 115, Block 1, WR Sunday Residence 3 Review Criteria §7.16.080(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. §7.16.120, Alternative Equivalent Compliance (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. Staff Recommendation Staff recommends approval of the Major Design and Development Plan and the Alternative Equivalent Compliance applications, for Lot 115, Block 1, Wildridge Subdivision with the findings that the proposed development plan meets all applicable review criteria and with the following conditions: 1. A soils report and structural engineered plan set be provided prior to building permit issuance, to confirm that the proposed foundation wall design (note 1) is adequate for the site; and, 2. A ROW permit be issued to allow the mulch beds to extend into the Town of Avon Right -of -Way, or the area be removed from the TOA ROW and an equal area be provided on the subject property. Exhibits A: Vicinity Map B: Light Fixture Cut Sheet C: Color and Material Board D: AEC Materials E: Reduced Plan Sets May 15, 2012 PZC Meeting — Lot 115, Block 1, WR Sunday Residence Exhibit B MARTIN M A N L E Y ARCHITECTS Date: 05-10-12 RE: Exterior lighting for Beaver Point Road, Lot 115 Capital Lighting 9092RI-GD Dark Sky Energy Saver Outdoor Sconce Bronze Glass: Rust Scavo Glass Type: Acid -Washed Glass Lens Height: 8.25' width: 10" New Construction Shallow IC Airtight Housing C� Description New Construction Shallow IC Airtight Housing Specifications Product #: 11019 Dimensions: D: 6 3/8" L: 13 1/2" W: 10 3/4" H: 6 1/8" Listings: UL Listed for Damp Locations cUL Listed for Damp Locations Details • Airtight Construction: Meets airtight requirements for 2.0 CFM or less air leakage. • Safe- Thermally Protected/Listed for Damp Location: IC housing is approved for use in direct contact with insulation. • Housing Adjustment: Housing adjusts vertically for various ceiling thicknesses. • Joist Tab: Tab to locate on bottom of joist. • Notch for T -Bar Ceilings: No clips required. Secure bar hanger to T -Bars with wires or screws. • Snap -In Socket: Snap in socket locates lamp in optimum position. • Sealed Trim: One piece sealed trims. No light leaks. 6" Deep Cone Baffle Trim Black Aluminum Baffle White Aluminum Trim (paint to match stain color) Maximum Wattage: 25W bulb to be installed Sunday Residence 2090 Beaver Creek Point Exhibit C -r4lwr+de Ntr-1 Exhibit D M A R T I N M A N L E Y ARCHITECTS Date: 05-08-2012 Town of Avon Community Development Department Jared Barnes Avon, Colorado 81620 RE: Alternate Equivalent Compliance Dear Mr. Barnes, We would like to request an Alternate Equivalent Compliance for the Sunday residence located at Lot 115, 2090 Beaver Creek Point for the roof overhangs minimum dimension of 1.5 feet as called out in the Development Code section 07.28.090. (4) Roofs (ii) "Overhangs are required on pitched roofs and shall extend at least one and one-half (1.5) feet from the point where the wall meets the roof as horizontally measured from the exterior wall of the structure." This lot is one of the few lots within Wildridge that has a maximum roof ridge elevation. This limitation has the effect of spreading out the floor plan to a larger footprint. The lot has a triangle shaped property lines/building setbacks. As the plan developed, there became corners of the roof overhangs that get close to the building setbacks limiting the overhang. The major roof forms were primarily able to keep greater than the minimum roof overhang. There are some secondary roof forms with lower pitch, thinner fascia profile, and metal roofing that are reduced. The material and texture set these roof elements off as secondary to the main form that is in asphalt shingles. We believe that the balance of the roofing design is in keeping with the home's'Ranch' style and the Wildridge Subdivision. Review criteria: (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; I believe that the intent of the standard is to maintain proper water flow off the roofs, protecting the pedestrian way, and create a shadow line at the building. These roofs with the reduced overhangs are at locations that are over landscaped areas, water is controlled with gutters and downspouts, and the secondary roofs fascia is unique to the main roof creating the shadow/contrast desired by the standard. (2) The proposed alternate achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard. I believe that the goal of the standard is met by the same reasons stated in Item (1). The roof hierarchy of main roof overhang depth verses secondary roof form overhang depth fits with character of the Wildridge Subdivision and previously constructed buildings. (3) The proposed alternate results in benefits to the community that are equivalent to or better than compliance with the specified requirements of this Title. The current roof design is a less complicated roof form than may be required to achieve the 1.5 feet overhang at all roof overhangs. The current garage is designed to contain a multiple of vehicles and is already somewhat tight. The owner goal is to keep the vehicles in the garages as much as possible so that the neighborhood will maintain a clean and kept appearance. Making the garages smaller would allow it to be easier to meet the overhang requirement, but could result in vehicles needing to be stored in the drive. The benefit to the community is that there will be enough room within the garages to contain the owners vehicles. (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirement of this Title. The property has Open Space to the west and a hill, a non -buildable parcel to the south and west, the cul-de-sac to the north, and one home off the northeast of the property. The proposed Alternate Equivalent Compliance does not encroach Thank you for your consideration of this request for Alternate Equivalent Compliance for roof overhangs. Jeffrey P Manley AIA Martin Manley Architects 970.328.515 "F,nio@rmartinmanleyarchitects.cor P.O. 7 Eagle,. Colorado 8163 00 N 0 N N EXTERIOR FINISHES Roofing: 50 -Year (TL) Asphalt shingle Elk, Prestique High Def, Mission Brown Standing Seam Roofing (13" spacing between ribs) Color: naturally rusting steel Flashing and Gutters: Paint lock aluminum Color: to match dark bronze color At standing seam roofing the flashing and gutters shall match roofing Great Room Deck Redwood Terraces and Entry walk: Colorado Buff sandstone on concrete slab Drive: Bedroom terrace to be flagstone on sand bed Asphalt drive Windows: Aluminum Clad windows and doors Color: Dark Bronze Stucco Cement stucco system Texture: light sand / very light hand texture -Freeform 3/4" round outside corners Field Color: STO Moondust 93440 Timbers, newels, and fascia 2x8 and 2x12 Cedar Fascia Trim Timbers - Douglas Fir Rough sawn texture Color: Porter Dark Tahoe 714 semi -transparent Typical Board and Batten Siding Cedar Siding (10" exposed face with 2 5/8" battens) Rough sawn texture Color: Porter Ginger semi -transparent Steel trusses: (4) 4"X4"X3/16 steel angle bottom cord: natural rust color Steel plates and rods: natural rust color Railing Pickets and rails wrought iron: natural rust color (sealed) Portion of south deck to have glass panels with wrought iron rails: natural rust color (sealed) Stone Veneer Telluride Negril (random shape) Mortar set Stone wall cap to be 3" rubble of same material CONSTRUCTION DOCUMENTS NOTE: THESE CONSTRUCTION DOCUMENTS INCLUDING ARCHITECTURAL SHEETS HAVE BEEN PREPARED IN RESPONSE TO THE SPECIFIC BASIC SERVICES REQUESTED BY THE OWNER CONTEMPLATING CONTINUED INVOLVEMENT, SELECTIONS AND DECISION MAKING BY THE GENERAL CONTRACTOR AND OWNER THROUGH COMPLETION OF CONSTRUCTION. THESE DOCUMENTS INDICATE THE SCOPE OF ARCHITECTURAL DESIGN CONCEPTS APPROVED BY THE OWNER AND INCLUDE DIMENSIONS OF THE BUILDING, THE TYPES OF STRUCTURAL SYSTEMS AND AN OUTLINE OF THE ARCHITECTURAL AND STRUCTURAL ENGINEERING ELEMENTS OF CONSTRUCTION. THESE CONSTRUCTION DOCUMENTS PROVIDE THE SCOPE OF SERVICES AS OUTLINED IN THE AGREEMENT FOR ARCHITECTURAL SERVICES AND THEREFORE DO NOT NECESSARILY INDICATE OR DESCRIBE ALL MATERIALS REQUIRED FOR FULL PERFORMANCE AND COMPLETION OF THE WORK. IT IS THE UNDERSTANDING OF THE ARCHITECT AND ENGINEER THAT THE GENERAL CONTRACTOR SHALL FURNISH ALL WORK REQUIRED FOR PROPER COMPLETION OF THE WORK AND THAT THE WORK SHALL BE OF SOUND AND QUALITY CONSTRUCTION IN ACCORDANCE WITH INDUSTRY STANDARDS AND ALL MANUFACTURERS SPECIFICATIONS, INSTRUCTIONS, AND WARRANTY REQUIREMENTS. THE CONTRACTOR, BASED ON THE FOREGOING, SHALL PREPARE FOR OWNER REVIEW A REALISTIC BUDGET WITH A LATITUDE OF PRICES BASED ON ASSUMPTIONS OF SCOPE OF WORK AND OWNER PRODUCT SELECTIONS. CONTRACTOR'S RESPONSIBILITIES: SUNDAY RES DENCE Lot 115, Block 1, W'11dr'Idge subdivision 2090 Beaver Creek Point Planning and Zoning Set 04-2 5- 12 Revision #1 05-1 6-1 2 THE CONTRACTOR SHALL BE RESPONSIBLE FOR FIELD VERIFYING ALL EXISTING CONDITIONS, CONSTRUCTION DOCUMENTS, STRUCTURAL DOCUMENTS, MUNICIPAL AND/OR COUNTY ZONING CODES, PERTINENT IRC 2009 CODE REQUIREMENTS, AND GENERAL SPECIFICATIONS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MECHANICAL AND ELECTRICAL ENGINEERING, DESIGN, SPECIFICATIONS AND DRAWINGS AS REQUIRED FOR BUILDING PERMIT AND APPROVAL BY OWNER AND ARCHITECT. Grand total: 14 VICINITY MAP PROJECT INFORMATION Single Family Residence Owner: Daniel Sunday PO Box 5160 Avon, CO 81620 Location: 2090 Beaver Creek Point Avon, Colorado 81620 Lot 115 Wildridge Subdivision Parcel #: 2105-021-02-006 Class of Work: New Type of Construction: Type V -N Type of Occupancy: R3 (single family) Levels: 1 -story +basement Architect: Martin Manley Architects Jeffrey P Manley AIA PO Box 1587 Eagle, CO 81631 970.328.5151 jell@martinmanleyarchitects.com ZONING INFORMATION Lot Area = .38 acres = 16,552.8 s.f. Maximum Lot Coverage Allowed = 50% of Lot Area = 8,276.4 s.f. Minimum Landscape Area Allowed = 25% of Lot Area = 4,138,2 s.f. Proposed Lot coverage by building = 4,088 s.f. (25%) Proposed Lot coverage by building roof and overhang = 5,253 s.f. (32%) Proposed Impervious area roof and overhang + (drive + patio/terrace/walks (not covered by roof)) = 7,439 s.f. total (45%) Proposed Landscape area (Lot area= 16,552.8 s.f.)- (footprint 4,088+ imperv. paving 2,560= 6,648 s.f.) =9,904 landscape area (60%) Density = 1 single family residence Maximum Height = 18'. Height Measurements are measured from center of cul-de-sac elevation 8214.1' Proposed Max Ridge height = 8232'-1" Parking Requirements: 3 spaces per unit required Snow Storage: 20 % of 1,782 s.f. Drive = 356.4 s.f. of snow storage Exterior Lighting: Dark sky compliant, W E co Z(0 0 W 000 Q U 0 m LL H U� LL U 0 m L LU >, H L a) W L0 c� ■ Z U oo 0 Q �E ti o E a QW CL c�� o x E c�� o x E UQQ0-ii a) cc -700 a) cc 7700 o x UQQ0-LLa) O CNI (fl U 0� 00 U) (D :> U mmo 'E 0 0 N C!) v, Q _0 O O i a- 1 'E U � L _0 > J O O m � O O N 0 Z O o W tY o 0 Z r o N r Drawing List Sheet Number Sheet Name A0.0 Cover Sheet A0.1 a� Area Plans A1.1 Site Grading and Landscape A2.1 Lower Level Floor Plans A2.2 Q Main Level Floor Plan A2.3 Roof Plan A3.1 Exterior Elevations A4.1 Building Sections A4.2 Building Sections A4.3 NOT INCLUDED WITH THIS SET Buiding Sections A5.1 NOT INCLUDED WITH THIS SET Details A6.1 NOT INCLUDED WITH THIS SET Schedules A7.1 NOT INCLUDED WITH THIS SET Perspectives CM CONSTRUCTION MANAGE Grand total: 14 VICINITY MAP PROJECT INFORMATION Single Family Residence Owner: Daniel Sunday PO Box 5160 Avon, CO 81620 Location: 2090 Beaver Creek Point Avon, Colorado 81620 Lot 115 Wildridge Subdivision Parcel #: 2105-021-02-006 Class of Work: New Type of Construction: Type V -N Type of Occupancy: R3 (single family) Levels: 1 -story +basement Architect: Martin Manley Architects Jeffrey P Manley AIA PO Box 1587 Eagle, CO 81631 970.328.5151 jell@martinmanleyarchitects.com ZONING INFORMATION Lot Area = .38 acres = 16,552.8 s.f. Maximum Lot Coverage Allowed = 50% of Lot Area = 8,276.4 s.f. Minimum Landscape Area Allowed = 25% of Lot Area = 4,138,2 s.f. Proposed Lot coverage by building = 4,088 s.f. (25%) Proposed Lot coverage by building roof and overhang = 5,253 s.f. (32%) Proposed Impervious area roof and overhang + (drive + patio/terrace/walks (not covered by roof)) = 7,439 s.f. total (45%) Proposed Landscape area (Lot area= 16,552.8 s.f.)- (footprint 4,088+ imperv. paving 2,560= 6,648 s.f.) =9,904 landscape area (60%) Density = 1 single family residence Maximum Height = 18'. Height Measurements are measured from center of cul-de-sac elevation 8214.1' Proposed Max Ridge height = 8232'-1" Parking Requirements: 3 spaces per unit required Snow Storage: 20 % of 1,782 s.f. Drive = 356.4 s.f. of snow storage Exterior Lighting: Dark sky compliant, W E co Z(0 0 W 000 Q U 0 m LL H U� LL U 0 m L LU >, H L a) W L0 c� ■ Z U oo 0 Q �E ti o E a QW CL c�� o x E c�� o x E UQQ0-ii a) cc -700 a) cc 7700 o x UQQ0-LLa) O CNI (fl U 0� 00 U) (D :> U mmo 'E 0 0 N C!) v, Q _0 O O i a- 1 'E U � L _0 > J O O m � O O N 0 Z O o W tY o 0 Z N 7 r o N r LO 0 a� Oa� t Cn O � E o U Q 4- c U �o N 7 r o N r LO 0 a� Oa� t Cn O � E o U Q 4- c U �o G G 750- a) LO LP N r O N ro M, 02.0 Bedroom Level U 1/8" = 1'-0" Garage. Name 1484 SF Roof Area Mech/Storage Area. Area of Drive site coverage 251 SF Terraace 1 1735 SF Lot coverage Area Schedule Name Area Roof Area 5253 SF Area of Drive site coverage 1695 SF Terraace 1 351 SF Terrace 2 140 SF Grand total: 4 7439 SF AREA MATRIX: Lot Area = .38 acres = 16,552.8 s.f. Maximum Lot Coverage Allowed = 50% of Lot Area = 8,276.4 s.f. Minimum Landscape Area Allowed = 25% of Lot Area = 4,138,2 s.f. Proposed Lot coverage by building = 4,088 s.f. (25%) Proposed Lot coverage by building roof and overhang = 5,253 s.f. (32%) Proposed Impervious area roof and overhang + (drive + patio/terrace/walks (not covered by roof)) = 7,439 s.f. total (45%) Proposed Landscape area (Lot area= 16,552.8 s.f.)- (footprint 4,088+ imperv. paving 2,560= 6,648 s.f.) =9,904 landscape area (60%) Floor W J �E M O (fl U W � U)U U O� H U� � _ U O N L ' w T >, H LO CO a) W� ■ N L Q r-- COO CO m COU)U) MU)U) C -0-0 o x c_0_0 o x E UQQ0-ii d) UQQ0-ii d) c cUWU) " (n W c -0 -0 0 X E o-0-0= C , UQQ0-LLa) C) (D U co oo (D U 0 0 N Cn U) (D CU OY0 (U L U �> U) Co �> M o N N T iii ca O O � a L ■ OL a) � U � O 0 D_ Z O o > y W �o 0 z N T iii r O r O � a L ■ OL a) � U � O 0 D_ 24 p1 <C) �s O Tpb 75 0 - Cl) 0 ti N r 0 N ro /ORANGE CONSTRUCTION FENCING WITH SILT - FABRIC FENCING ON IN LOWER PORTIONS AND IN DRAINAGE SWALES Symbol Name Size Count Conifer Trees I I 4 CS Colorado Spruce 8'-10' tall 4 UQQ0-Ii d) (Picea pungens) J MwU) Deciduous Trees I I 18 QA QUAKING ASPEN 2.5" CAL. 16 �E M O (fl U (POPULUS TREMULOIDES) Z MM ROCKY MOUNTAIN MAPLE 2.5" CAL 2 O� U� (ACER GLABRIUM) �I O Deciduous Shrubs 46 SB SERVICE BERRY 5 GAL. 3 72 units— (AMELANCHI ER) 11 units per tree X 0=0 32 units LL DWARF KOREAN LILAC 5" GAL. 10 1.2 units per shrub X 15 =18 (SYRINGA MEYERI 'PALABIN') Perennial Ground covers _ CSC CREEPING WESTERN SANDCHERRY 5 GAL. 12 calculation (PRUNUS BESSEYI "PAWNEE BUTTES') I 1000 s.f. planting bed area/500 =2 SP SNOW MOUND SPIREA I 5" GAL. I 6 (SPIREA NIPPONICA) 181.5 units Retained Existing Vegitation Mass CE COTONEASTER DAMMERI CORAL BEAUTY 5" GAL. 15 Proposed Undisturbed Native vegitation Area = 1,800 s.f.< (COTONEASTER DAMMERI) 10 % of 181.5 units= 18.15 Perennial Ground covers GC BUFFALO GRASS 1000 square feet of cover. 199.65 units GOLDEN CARPET STONECROP ORANGE SEDUM SNOW -IN -SUMMER CARPET BUGLE Plant List 1 " = 10'-0" O Landscape units O 1 /4" = 1'-0" cC O N Landscape and Irrigation table O X 0-0-0 UQQ0-Ii d) Lot size = .38 acres X 43,560 s.f. per acre = -16,553 s.f. J MwU) Min. Landscape area = 25% of 16,553 s.f. = 4,138 s.f. U) Proposed Landscape area= 9,904 s.f. - -- U �E M O (fl U Max Irrigarion area = 20% of 9,904 s.f. = 1,980.8 s.f. Z Proposed Drip Irrigation area = 1,700 s.f. ' — Cn H Landscape Units = 9,904 s.f. / 50 s.f. per unit =198 units O� U� ■ 25% Landscape Units to be provided be trees = 25% of 198 units =49.5 units by trees O Landscape Material (trees) New Existing retained Units Deciduous 1.5" -2.5" caliper/clump = 4 units per tree X 18 =68 4 units per tree X 0 =0 72 units— Evergreen 8'-10' high = 8 units per tree X 4 =32 11 units per tree X 0=0 32 units Landscape Material (shrubs) New Existing retained Units Shrubs, 5 gallon = 1 unit per shrub X46 =46 1.2 units per shrub X 15 =18 64 units Perennial Ground covers _ Units 1 unit per 400 s.f. 1000 s.f. proposed / 400 s.f.=2.5 units 2.5 units Hardscape Material Units Awarded calculation Units Shredded Bark (mulch at planting beds) 1/500 s.f. 1000 s.f. planting bed area/500 =2 2 Units Landscape Boulders 3' high 1/boulder X9 boulders=9 9 units subtotal 181.5 units Retained Existing Vegitation Mass Bonus Landscape Units Awarded 300+ square feet of native Vegetation 10% Proposed Undisturbed Native vegitation Area = 1,800 s.f.< 300 s.f. Bonus to be applied 10 % of 181.5 units= 18.15 18.15 units Total Landscape Units Proposed (198 required) 199.65 units O Landscape units O 1 /4" = 1'-0" Proposed�X c� / -®••® '� grading XIX X X X X off lot 115 ®• I />1 / I I I O I $ I � � I i 0 o O/ I I I I� I n Site Plan O 1 " = 10'-0" cC O N W O X 0-0-0 UQQ0-Ii d) d- d) J MwU) _ U) C -p -p oX E o -a-0= M U �E M O (fl U C) Z � U)U a0 U ' — Cn H ILL O� U� ■ U O _ N L W H LOO 0) >, N \ co O ■ Z U � L Q co co 0 —100 Co N .> O m E (n O. Cn O o L.L N s� LIMITS OF DISTURBANCE Proposed�X c� / -®••® '� grading XIX X X X X off lot 115 ®• I />1 / I I I O I $ I � � I i 0 o O/ I I I I� I n Site Plan O 1 " = 10'-0" �U)U�U)U) �-U)(1) cC O N W O X 0-0-0 UQQ0-Ii d) d- d) J MwU) _ U) C -p -p oX E o -a-0= M U �E M O (fl U w � U)U a0 U ' — Cn H ILL O� U� ■ U O _ N L W H LOO 0) >, N co W � ■ Z U N L Q co co 0 —100 Co N .> O m E (n O. Cn O o L.L N s� �U)U�U)U) �-U)(1) cC O N -6 -6 O X O X 0-0-0 UQQ0-Ii d) d- d) MwU) _ U) C -p -p oX E o -a-0= M U U«d- LL d) o 0 ' — Cn �ao C10 N Z CU 0 co (� O o > U) 0 —100 Co N .> (n O. Cn O o N >y W O O Z �U)U�U)U) �-U)(1) ;= N -6 -6 O X O X 0-0-0 UQQ0-Ii d) d- d) MwU) _ (D C -p -p oX E o -a-0= M U U«d- LL d) (D r C4 T N U (.0 � co -� oo _ (D U o CL U o 0 ' — Cn �ao C10 N CU 0 co (� Ln U > U) 0 —100 Co N .> Cn O o N N T r Ln O r C4 T 0 Q. v N M J -a c ■ � E _ co 0 U o CL N M, 111�� 1 A4.2 2 A4.2 1 A4. A.1 4 A4.1 2 A4.1 3 A4.1 _ 5 1 A4.3 <-4 W J E co O LU 00 U U m O F � U r_ U O 60 ' w �> ■ F - W LO ■ uCN � � �co �E Q x a5 r - CO c c cn (n 0 0 .-- (n N cn N N C co N C (p C -O "O O x C O X U¢Qati a� c�QQ0-LL d) c cacncn W a) a) co ca-oox� 0 -0 = cu , UQQaLLa) O CN CO U co oo U) C: 0 �Q O — N (n (D O s m O YO 'E Lv �> U) J O O m � O O NLL 0 z O o � a LU N r LO O r O N r to � � L a o o W � N E � W J L � ca�O U N 0 J � „ o 0 z N r LO O r O N r to � � L a o o W � N E � W J L � ca�O U N 0 J 0 - LO 0 ti LP N r O N ro T, 41'- n° C 03.0 Main evel 1/411 = 1'-0 ca O N C -0-0 o xc_0_0 7070 rMl U Q 0- ii d) C) 0- LL d) L�,31 c w U) o LL ` �I1��01 C 03.0 Main evel 1/411 = 1'-0 ca O N C -0-0 o xc_0_0 7070 o x E U Q 0- ii d) C) 0- LL d) c w U) o LL ` N U) c -0 -0 0x E o-0-0= M , / UQQ0-LL a) O U O o o 0 O ' — cn �a CO N z ca co (� O o > U) M O COU / Co m � (n W ui 0 O o 0LO} U!E ■ 0 O L / ■ W �" TN CoLO W > / _ L C: m O ■ Z V QO ap E / or) x (a W m O E �o 0 C 03.0 Main evel 1/411 = 1'-0 �U)U�U)U) "U)(1) ca O N C -0-0 o xc_0_0 7070 o x E U Q 0- ii d) C) 0- LL d) c w U) o LL ` N U) c -0 -0 0x E o-0-0= M , U UQQ0-LL a) O U O o o 0 O ' — cn �a CO N z ca co (� O o > U) Co m � (n CL � O o N > y W �o 0 z �U)U�U)U) "U)(1) r O N r N C -0-0 o xc_0_0 7070 o x E U Q 0- ii d) C) 0- LL d) c w U) o LL ` N (D c -0 -0 0x E o-0-0= M , U UQQ0-LL a) (D r O N r N U _ � FL 0 -� oo o LL ` N (D /Ll W � U O U O o o 0 O ' — cn �a CO N ca co (� Ln U > U) Co m � � O o N N r LCA r O N r O _ � FL 0 CN o LL ` N /Ll W � A' J O U O o 4 0 CL 75 0 ti N 0 N cPc, co 1. N LO RIDGE HEIGHT 1 8232'- 1 "1 1 50 -YEAR ASPHALT SHINGLE ON WATERPROOF MEMBRANE ON ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES WITH BLOW-IN INSULATION TO R-49 MIN.. ROOF PITCH 5:12 TYPICAL LO 0 N C 1'-6" STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP WATERPROOF MEMBRANE ON- 1'- N1'- 6" 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES 5" / 12" 3" / 12" 00❑�� ❑❑C-) 00❑ 0=1 - 5" / 12" 00❑ _ ❑00 = O = - 0000 - j= LJ 0 -� 0 OO 100000- - � _ (❑I - ❑__ �_� 011_- 100 - O(❑ O_�'� ❑�❑ 1'- 6„ RIDGE HEIGH O ❑ ) C 8232'- 2 1/4" A4.1 ❑ . 3 \ � a 0 O -9 O O-9 O O, 0 -9 A,1 RIDGE HEIGHT 8232'- 2 1/8" 5" / 12" 5" / 12" 2'-0" RIDGE HEIGHT 8232'- 1" 2'- 6". (V LO ..................... O 1 _O r ❑O � ❑ ❑ 0 (V \J o O I O o � O O I O ❑ 3 A3.1 O RIDGE HEIGHT ABOVE PROPOSED �❑ r 8215'-0"- 8232'-l" = 16-11" ❑ RIDGE HEIGHT 1� 8232'- 1" r O/ 00 1 3 4 � A4.1 2 � 1 A4.1 5 1 A4.1 A4.3 000\0000 0 N � 1 6'-6" 6'-6" 1'-6" RIDGE HEIGHT N 8232'- 1" 00 NI o / N N F3'- 0" 11 STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMPS WATERPROOF MEMBRANE ON 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES (V Cl) (V LO N r LO in STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP WATERPROOF MEMBRANE ON 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES' 1'-6" o� �ry 8214 50 -YEAR ASPHALT SHINGLE ON c° r WATERPROOF MEMBRANE ON ROOF SHEATHING ON 2X14 ROOF RAFTERS WITH BLOW-IN INSULATION BETWEEN. ROOF PITCH 5:12 TYPICAL r 5" / 12" 5" / 12" r r STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP 2 WATERPROOF MEMBRANE ON r A 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES' 4'-0" r I I� 1 0 O O 9 � \ 0 1 1 1 1 1 1 ``A 1 $� 000IIIIIII� 1 ❑ 1 \ NOTE: This Lot has a restriction of a Maximum Ridge Height = 18'. Height Measurements are measured from center of cul-de-sac elevation 8214'-1 1/4" Proposed Max Ridge height = 8232'-1" O � i' ❑ O 1 O 1 \ 1 CN 0 i ❑ ❑ w 0 1 M O ih RIDGE HEIGHT ABOVE PROPOSED 8214'-0"-8232'-1"=17'-11" % i O i RIDGE HEIGH --A 8232'- co 232'-M _ O° 0 1 50 -YEAR ASPHALT SHINGLE ON O � WATERPROOF MEMBRANE ON ROOF 1 SHEATHING ON 2X14 ROOF RAFTERS WITH BLOW-IN INSULATION BETWEEN. ( �� ROOF PITCH 5:12 TYPICAL �I ( Cil 1 JII O 1 1 04 Roof Plan I i /4" = 1'-0" a 5" / 12" 5„ / 12" N � — RIDGE ❑❑ O HEIGHT ABOVE PROPOSED CJI— �❑ --0-00( _ -_ O ❑❑❑ _ 0 8206'-6" - 8232'-1" = 29'-7" 8 - 1 ► ❑ RIDGE HEIGHT - UO�❑❑000_ --Pq( �'°'C07 k 8232'- 1" 0� ��0 � 1 3' 6°�`• 10'-o„ 10' o° 3' 6° ❑❑CI 300000000 w O ca 0 N ' co W UQQ0-ii d) UQQa-ii d) J 00 1'-6" U) a 0 �E M O -0w 0 C ._�a V J C0 W 004- Z D_ U U O � 1. N LO RIDGE HEIGHT 1 8232'- 1 "1 1 50 -YEAR ASPHALT SHINGLE ON WATERPROOF MEMBRANE ON ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES WITH BLOW-IN INSULATION TO R-49 MIN.. ROOF PITCH 5:12 TYPICAL LO 0 N C 1'-6" STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP WATERPROOF MEMBRANE ON- 1'- N1'- 6" 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES 5" / 12" 3" / 12" 00❑�� ❑❑C-) 00❑ 0=1 - 5" / 12" 00❑ _ ❑00 = O = - 0000 - j= LJ 0 -� 0 OO 100000- - � _ (❑I - ❑__ �_� 011_- 100 - O(❑ O_�'� ❑�❑ 1'- 6„ RIDGE HEIGH O ❑ ) C 8232'- 2 1/4" A4.1 ❑ . 3 \ � a 0 O -9 O O-9 O O, 0 -9 A,1 RIDGE HEIGHT 8232'- 2 1/8" 5" / 12" 5" / 12" 2'-0" RIDGE HEIGHT 8232'- 1" 2'- 6". (V LO ..................... O 1 _O r ❑O � ❑ ❑ 0 (V \J o O I O o � O O I O ❑ 3 A3.1 O RIDGE HEIGHT ABOVE PROPOSED �❑ r 8215'-0"- 8232'-l" = 16-11" ❑ RIDGE HEIGHT 1� 8232'- 1" r O/ 00 1 3 4 � A4.1 2 � 1 A4.1 5 1 A4.1 A4.3 000\0000 0 N � 1 6'-6" 6'-6" 1'-6" RIDGE HEIGHT N 8232'- 1" 00 NI o / N N F3'- 0" 11 STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMPS WATERPROOF MEMBRANE ON 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES (V Cl) (V LO N r LO in STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP WATERPROOF MEMBRANE ON 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES' 1'-6" o� �ry 8214 50 -YEAR ASPHALT SHINGLE ON c° r WATERPROOF MEMBRANE ON ROOF SHEATHING ON 2X14 ROOF RAFTERS WITH BLOW-IN INSULATION BETWEEN. ROOF PITCH 5:12 TYPICAL r 5" / 12" 5" / 12" r r STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP 2 WATERPROOF MEMBRANE ON r A 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES' 4'-0" r I I� 1 0 O O 9 � \ 0 1 1 1 1 1 1 ``A 1 $� 000IIIIIII� 1 ❑ 1 \ NOTE: This Lot has a restriction of a Maximum Ridge Height = 18'. Height Measurements are measured from center of cul-de-sac elevation 8214'-1 1/4" Proposed Max Ridge height = 8232'-1" O � i' ❑ O 1 O 1 \ 1 CN 0 i ❑ ❑ w 0 1 M O ih RIDGE HEIGHT ABOVE PROPOSED 8214'-0"-8232'-1"=17'-11" % i O i RIDGE HEIGH --A 8232'- co 232'-M _ O° 0 1 50 -YEAR ASPHALT SHINGLE ON O � WATERPROOF MEMBRANE ON ROOF 1 SHEATHING ON 2X14 ROOF RAFTERS WITH BLOW-IN INSULATION BETWEEN. ( �� ROOF PITCH 5:12 TYPICAL �I ( Cil 1 JII O 1 1 04 Roof Plan I i /4" = 1'-0" a 5" / 12" 5„ / 12" N � — RIDGE ❑❑ O HEIGHT ABOVE PROPOSED CJI— �❑ --0-00( _ -_ O ❑❑❑ _ 0 8206'-6" - 8232'-1" = 29'-7" 8 - 1 ► ❑ RIDGE HEIGHT - UO�❑❑000_ --Pq( �'°'C07 k 8232'- 1" 0� ��0 � 1 3' 6°�`• 10'-o„ 10' o° 3' 6° ❑❑CI 300000000 w O ! ca 0 N ' co W UQQ0-ii d) UQQa-ii d) J 00 M U) a 0 �E M O -0w 0 Cfl U ._�a V J C0 W 004- Z D_ U U O � L U1E 0 0 O Lj U) Co M -100 Co .> aa)i ■ WC o ■ Z N N bo E U C) ~ O E m OR Q ! ca 0 N ' co U UQQ0-ii d) UQQa-ii d) 00 M U) a 0 N -0w 0 .0 ._�a V J C0 N Z D_ Co co (� 0 > U) -100 Co .> U) Cn o N NWN 0 Z ! c N ' co U UQQ0-ii d) UQQa-ii d) N N C-0 —0 0 X E 0-0-0= co UQQQ_LL d) (D r O N r O U CO co 00 M a 0 N -0w 0 .0 ._�a V J C0 N (D D_ Co co (� Ln U > U) -100 Co .> Cn o N N T O Ln r O N r O M a 0 N -0w 4- t- 4- O 0 D_ 75 0- M t` if ) r N r O N ro T_, MAX RIDGE HT 8232'- 1 1/411 STANDING SEAM METAL ROOFING SYSTEM ON HIGH TEMP WATERPROOF MEMBRANE ON 5/8" SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED ROOF TRUSSES WATERPROOF MEMBRANE TO COMPLETELY COVER SIDE WALLS OF SHED DORMER BOARD AND BATTEN CEDAR SIDING (10" EXPOSED BOARD WITH 2 5/8" BATTENS) ON THERMAL AND AIR INFILTRATION BARRIER ON WALL SHEATHING ON 2x6 STUDS WITH R-23 BLOWN -IN INSULATION 3x14 CEDAR BELLY BAND (STAIN TO MATCH TIMBERS) 5 A4.1 nWOMMM MEN- - 111=lllclll=l- • • . • - - • _III=111=111=1111=111=111=111=111: !111=111=111=111 • • • • - • • . • - I.111=111111111=1111=III�III�III1 I.111=111=III=_I — — — ;=111=111=111111=1111=111=111=111=IIIc • : � � -115III=1ll�l1151111=111■III■111.1 MASTERkTH AND . - • • _•� ■ ■ -. . __■lII(I1IB=1II1I= ■• �=l1I=I�IL1_1=111.E1..1=1=111=11111■1111E11111=I=II 1II11I[Ic RU BILE 50 YEAR ASPHALT SINGLES ON WATERPROOF MEMBRANE ON 5/8" 2 SHEATHING ON 5/8" ROOF SHEATHING ON PRE-ENGINEERED A4.1 ROOF TRUSSES 3 CEMENT STUCCO SYSTEM A4.1 % ON CHIMNEY WITH PROFILED 'T STUCCO CAP 10x14 TIMBER BEAM ON 1 0x1 0 TIMBER COLUMN BOARD AND BATTEN CEDAR SIDING (10" EXPOSED BOARD WITH 2 5/8" BATTENS) ON THERMAL AND AIR INFILTRATION BARRIER ON WALL SHEATHING ON 2x6 STUDS WITH R-23 BLOWN -IN INSULATION 4 CEMENT STUCCO SYSTEM ON A4.1 THERMAL AND AIR INFILTRATION BARRIER ON WALL SHEATHING ON 2x6 STUDS WITH R-23 BLOWN - IN INSULATION • . _� � - ■� �� die —we ?Frroll] IL �0:: I E UE LW: MM =111=111;:111=III�III=III=111=111=111=111=111=111::111_In_II�■_ - — I.III=111=III=III=1� 111=In=111=111=111=111=111=111=111=■=111=111=111:111=1n_nl__ _ _ _ _ _ _nl=1n=111_nlln1=111 — — — — — — — — — — - — —NN — =111=111=111=111=111=111=111=111=111=111=111=111::111=111=111= — — — —11=III=111=III=111=III=III=111= III■111=111■III=III=111�[II■111111■III=111111=III=:111=111i!i ' ' •' 111=111■111=111.nl.III=III=III =_■=111=111=111=III=111=■-■=■=111=1.._.. 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PROVIDE_ � U)U U STRAW ON STEEPER HILL I SIDES TO HOLD REVEGITATION I i I I I I SEEDING AND SOIL IN PLACE. 1 Construction Management Plan 1 " = 10'-0" U) (n .di cC O -� m U) c: cu W 0 x E UQQ0-ii d) UQQa-ii d) J 00 H U) c -0 -0 0 x E o -0-0=M, U �E M O (fl U W � U)U U V J H � O2 U� U O _ N L W H LO 0) >, O N Lq W c: tim ■ u N L > coO x co ` 1 cu m O E m U) o. � a O o N U) (n .di cC O -� m U) c: cu C-0-0 0 xc-0-0 0 x E UQQ0-ii d) UQQa-ii d) 00 H U) c -0 -0 0 x E o -0-0=M, U UQQa- LL a) 0 0 O V J � (/) Q N (u �0 'E co (� O o > U) cu m � U) o. � O o N > y W �o 6 z U) (n r o r -� m U) c: cu C-0-0 0 xc-0-0 0 x E UQQ0-ii d) UQQa-ii d) 00 H c 0 c -0 -0 0 x E o -0-0=M, U UQQa- LL a) N r r L o r o r O co 00 H c 0 :; U Cc:) 0 0 O V J � (/) Q N (u �0 'E co (� Ln U > U) cu m � � O o N N r r L o r o r W Q Q Z O H c 0 � U O CL cf) Z O _i/'To The Avon Planning and Zoning Commission AVM0 N Fr Jared Barnes, Planner I ` " L ° a Date June 1, 2012 RE: Lot 78B, Block 4, Wildridge Subdivision — Koch Remodel Summary The Applicant, Jeff Manley, representing Kimberly Koch (the Owner), has submitted a Minor Design and Development Plan application, for a remodel of an existing duplex residence on Lot 78, Block 4 of the Wildridge Subdivision, also described at 5691 E. Wildridge Road. The Applicant is proposing to expand a second story master bedroom and bathroom. The remodel will add approximately three hundred (300) square feet of area to the half of the duplex and will replace two (2) existing dormers with new larger dormers. Planning Analysis The proposed modifications will increase the size of the structure, size of the dormers, and height of the dormers. The increase in size and height of the dormers still comply with the maximum height allowed by zoning. The southern dormer has an existing height of thirty-two feet (32') to, and this application raises the height to thirty-three feet and seven inches (33'-7"). The northern dormer will also increase in height to thirty feet and ten inches (30'-10"). The remaining improvements pertain to Design Review, with the applicant matching all exterior building materials. The design includes adding windows to both dormers and the windows design complements the existing architecture. Staff was prepared to approve the design modifications, but after a discussion with the PZC Chairman, decided to place the item on the Consent Agenda to inform the PZC of the proposed modifications. Recommendation Staff is recommending approval of the Minor Design and Development Plan on consent agenda. Attached: A. Vicinity Map B. Reduced Plan Sets :'G?i1'r� 3ei� ysr`r ax .a.•`a.-�` .t "s'S 'r �5�" �9:� 'M a'rs-. } .�i r•. .t' •'*7��' `1"ff,(yf'i ✓' P➢ t r c.1 �" Y'. s. s s.^_. r 1 G i s i' `j*'r }'+/P„ � � °+�'✓�'.�. %. � 1'NC'�' .` '7�r .y�F '>risr k � + �. '� ♦ `�i � .5n rC �" cry G + t.t- �% §' �zi.> y- �• .. r � .Y r .Z : ti J a 1� ,y.+t r +� 4 .s jlr A !i � .XIP .�,ynf X ,� 4• Y�� py-�1'M, 4� .� �a�c�S f fi �lYr '. S � :.. Y u i$vX'} «. �r .jt °� i.'fir f T 04 Ar iL��l� �.f .] �w. a j'r w • T.� _.�v •r ,7s 4., y. j,�, b '":li �y< s.. avf:.>� }"tis. �i v��t' ?K a � r, r r ,t a1"'�', r.•, .^ ,4 .b �^.�. �s+ r .� rt!a YY b' M✓ �ry� � .+`a'r. � � � 'A 3 �Sy . 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UWERCA91N3A6wE COUNTER. MASTER BEDROOM CEILING NOTBUNDERFRP ETRE f CEWNGOFTHEMASTER BEDROOM TO FOLLOW THE GABLEOFTHEDORMFA. FROVIDESOUND INSUTATION AHOEE CEILING 0 VICINITY MAP I I �I I I I �I I I I II I II I II I II II I I II I II --------i-- I I } w J Z E n8 Q F U 0, U o �.�W uj •ZU B,. 2 �Q F mE a� Q 9 O ` 8 We z B O ~� N W O is o O LO N O ^, W o —6 n 0m ow d W Q o= 2 O m3 0- Cl - C J c U O I r J Il II / � J I / AREA: / PROPOSED NEW AREA XI'S.F. Q N �� REVISED PLAtPPER LEVEL SCA44"= -O m m / e a JI! II !IU®:SIU Staff Report — Minor Design & Development Plan / AEC N June 5, 2012 Planning & Zoning Commission Meeting A Report date June 1, 2012 Project type Minor Design and Development; Alternative Equivalent Compliance Legal description Lot 67, Block 1, Benchmark at Beaver Creek Subdivision Lot 4, Buck Creek PUD Zoning Neighborhood Commercial (NC) Planned Unit Development (PUD) Address 20 Nottingham Road / 17 wilt GuI94 Road Prepared By Jared Barnes, Planner I Summary of Request Dominic Mauriello ("the Applicant") of the Mauriello Planning Group (MPG), representing Jim Pavelich of Millsmore, LLC, the Owner of Lot 67, has submitted Minor Design and Development and Alternative Equivalent Compliance (AEC) applications for site and landscaping modifications to Lot 67, Block 1, Benchmark at Beaver Creek (BMBC) Subdivision, as well as Lot 4, Buck Creek PUD. The proposal includes: creating six (6) additional parking spaces on Lot 4, Buck Creek; moving the existing dumpster onto Lot 4, Buck Creek; and, providing one (1) additional parking space on Lot 67, Block 1, Benchmark at Beaver Creek. Additional work involves the extension of the retaining wall on the north boundary of the property and some landscaping modifications. Attached to this report are a vicinity map (Exhibit A), letter from the Applicant (Exhibit B), digital photographs (Exhibit C), and reduced plan set (Exhibit D). Background The Applicant approached Staff to gain feedback on and learn the process to construct surface parking spaces on Lot 4, Buck Creek Subdivision ("the Property"). The Property is owned by the Town of Avon and was transferred to the Town as part of the Buck Creek PUD approval process. The Applicant submitted a letter to Staff formally requesting a Town Council meeting. The Town Council provided positive feedback on the concept, but consistently commented that the approval hinged on providing a design that complied with the Development Code and received PZC approval. The applicant has moved forward with a Minor Design and Development Plan submittal to the Planning and Zoning Commission (PZC). Once the design plan is approved by the PZC, the applicant will return to Council with a license agreement similar in format to those previously approved for Ticino's, China Garden, and Lakeside Terrace Condominiums. The Development Plan for the improvements on Lot 67 was approved by the PZC at their November 16, 2010 meeting, and modifications were approved at the February 15, 2011 meeting. Modifciations were limited to roof pitches, window locations and sizes, and rooftop mechanical equipment screening. Property Description As stated above the proposal encompasses two properties: Lot 4, Buck Creek PUD; and, Lot 67, Block 1, Benchmark at Beaver Creek. Since the majority of the improvements are on Lot 4, Buck Creek, this memo will consider this parcel to be "The Property". The Property is zoned for "Public June 5, 2012 PZC Meeting Northside Coffee and Kitchen Parking and Landscaping Modifications Use" and was dedicated to the Town when the Buck Creek PUD and Final Plat were approved. The Property measures .09 acres (approximately 3,920 square feet), is generally flat, with grades sloping up to Swift Gulch Road. There are three mature trees and some newly planted aspens bordering the Property and Lot 67 immediately to the east, and the rest of the property was recently reseeded. The Property was used for temporary construction parking for contractors working on the new building located on Lot 67. Prior to receiving a Temporary Certificate of Occupancy, the Property was revegetated and closed to vehicles. There are no improvements planned by the Town of Avon on the Property in the near term, but it will be needed by the Town in the future if a roundabout is ever constructed at Swift Gulch Road as outlined in the Town of Avon Comprehensive Transportation Plan. If the PZC and Town Council agree to the construction of the parking spaces, conditions will be placed in the License Agreement stipulating that the parking is of an interim nature and not be used to meet the required parking requirements for Lot 67. Surrounding Land Uses & Zoning North: Swift Gulch Road — R.O.W. South: Gas Station/Convenience Sore — Zoned Neighborhood Commercial (NC) East: Gas Station/Convenience Store/Commercial Office, Zoned Neighborhood Commercial (NC) West Town of Avon Public ROW and Buck Creek PUD Lot 4 (Future Fire Station) Review Criteria §7.16.080(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. §7.16.120, Alternative Equivalent Compliance (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; June 5, 2012 PZC Meeting Northside Coffee and Kitchen Parking and Landscaping Modifications (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. Planning Analysis The proposed modifications include creating six (6) new parking spaces on the Property and one (1) space on Lot 67, moving the existing trash enclosure from Lot 67 to Lot 4, removing existing landscaping from Lot 4 and planting new landscape material on Lot 4 and within the Swift Gulch ROW. The proposed parking spaces are nine feet (9') by sixteen feet (16') and utilize.a twenty foot (20') drive aisle width, none of which meet the minimum sizes stipulated in Title 7 of the Municipal Code. However, the code does allow the Town Engineer to approve alternative sizes, which has occurred in this instance. The parking spaces will assist the Northside Coffee and Kitchen with additional parking areas for staff and guests; however, these spaces will not be allowed to count towards the requirements of the unfinished space located in the building. This is mainly due to the additional parking spaces temporary nature. The proposal also includes modifying the site by extending the retaining wall on the north side of Lot 67 to the west and south. The extended wall will be located on Lot 4 and will have a varying height, with a maximum of four (4) feet. The extended wall will match the existing wall in construction type, material and color. In response to Staff's comments, the Applicant has shown a sidewalk extension along the south side of Lot 4. A note on the plan indicates that a sidewalk will be constructed, but indicates that the responsibility of the construction has yet to be determined. The proposal also include moving the dumpster enclosure from its existing location along the west property line of Lot 67 and north of the existing structure, to Lot 4. The new location will be along the drive aisle with a retaining wall behind it. The moving of the dumpster from the lot it services to an adjacent lot is a policy decision the PZC must consider. Typically, developments are required to house all improvements intended to serve the subject development on the development's property. Although the intent of the Applicant and Town is to enter into a license agreement, it is uncommon for required refuge mitigation to be placed on other properties. The proposed design will require the removal of existing mature landscaping as well as a significant amount of landscaping that was planted during the construction of the 20 Nottingham Road building. The Site Plan depicts removal of three (3) existing mature trees (Sheet C1.0, Exhibit E), two (2) to the west of the existing structure and one (1) to the north where the extension of the retaining wall is located. Based on the Approved Landscape Plan (Exhibit D), additional trees and shrubs will potentially have to be removed, as depicted with the red bubble on the plan sheet. The plan shows: two (2) aspen trees in the vicinity of the extended retaining wall; one (1) aspen tree to the north of the existing dumpster enclosure; five (5) aspen trees located in the vicinity of the drive aisle and extension of the sidewalk to the northwest of the structure; and, three (3) aspen trees to the southwest of the existing structures. The proposed Landscape Plan does not depict how these plantings will be affected by the proposed improvements, but based on the improvement locations; most of these planting will be removed. The approved Landscape Plan for Lot 67 included fifteen (15) aspen trees throughout the property, of which approximately nine (9) will be potentially removed by this proposal. When June 5, 2012 PZC Meeting Northside Coffee and Kitchen Parking and Landscaping Modifications 3 combined with the proposed Site Plan tree removal, a total of one (1) existing spruce tree and eleven (11) existing aspen trees (at a minimum) will be removed. These total approximately fifty- eight (58) landscape units, but the number could be larger depending on construction activity. Staff suggests that the proposed plans be modified to address these existing plantings that will be affected by the modifications and how the Applicant intends to remedy the removal of the plantings. The proposed Landscape Plan (Exhibit E) indicates that five (5) evergreen trees and seventeen (17) shrubs will be planted around the perimeter of the parking area located on Lot 4. This Landscaping is intended to serve the requirement for perimeter landscaping for parking lots, not to remedy the removal of existing landscaping. As required by §7.28.050(f)(1), all parking lots having more than three (3) spaces are required to provide 1.2 landscape units per lineal foot of parking lot perimeter. In addition, these units are required to be located in landscape areas a minimum of six (6) feet wide. The proposed improvements require a minimum of 186 landscape units and the applicant is proposing to install fifty-seven (57) landscape units. The applicant has proposed an AEC request and outlined the reasoning behind the request (Exhibit B). Typically, landscape improvements are installed on the lot they intend to serve. The applicant is proposing all of the shrubs be located on Town of Avon right-of-way, not on Lot 4. The locations of these plantings open the door to damage from typical snow removal operations, thus reducing the overall landscape improvements. Staff recommends that these plantings be located on Lot 4 or that a different type of planting be provided so that it can withstand snow removal operations. Overall, Staff has concerns about the amount of landscaping that will be removed with the construction of the parking area, and lack of additional landscape plantings. The approval criteria for a Development Plan require substantial compliance with the Development Code (Title 7). The property currently is not in compliance with the code for the following reasons: 1. A spotlight, violating the outdoor lighting ordinance, has been installed to a southern roof . that provides up -lighting for the southern second story sign; 2. The property has installed window signs in violation of the Master Sign Program for 20 Nottingham Road and the Sign Code; and, 3. Parking is currently occurring on non -paved or hardened surfaces. If the PZC does not agree with the Staff Recommendation below, and decides to approve the application, the above mentioned items should be addressed prior to the approval becoming final and any issuance of building permits. Staff Recommendation Staff recommends the Planning and Zoning Commission table the proposed "Minor Design and Development' and "Alternative Equivalent Compliance" application for Lot 4, Buck Creek PUD and Lot 67, Block 1, BMBC to allow the Applicant to address the concerns cited in this report. Exhibits A: Vicinity Map B: Letter of Corrrespondence form Dominic Mauriello dated May 9, 2012 C: Photographs of Existing Conditions D: Approved Landscape Plan for 20 Nottingham Road (Lot 67) E: Plans dated May 22, 2012 June 5, 2012 PZC Meeting Northside Coffee and Kitchen Parking and Landscaping Modifications Vicinity Map - Lot 4, Buck Creek PUD hXD1°SLA NOV e— Residential Streets Property Boundaries o m sa N \ 1 ' I '�, YO„ - EXHIBIT B REVISED May 24, 2012 lu11 REVISED May 10, 2012 Mauriello Planning Group April 13, 2012 Town of Avon Community Development Department PO Box 975 Avon, CO 81620 Re: Submittal for a Parking Lot on Town of Avon owned property located at 17 Swift Gulch Road / Lot 4, Buck Creek To Community Development Department: Mauriello Planning Group, on behalf of Millsmore LLC (Jim Pavelich), is submitting this application to construct additional parking on Town of Avon property, located at 17 Swift Gulch Road / Lot 4, Buck Creek. Proposal. The applicant approached the Town Council earlier this year to see if there was any interest by the Town in allowing a temporary paved parking area on the Town's property. The direction from the Town Council was resounding support and encouragement to maximize the amount of parking by utilizing the lot more fully. The temporary parking area is to be permitted by the Town under a license agreement allowing the property to be restored at a later date for use by the Town. The Town Council suggested that the proposed use helped improve the vitality of the Town and ultimately improving revenues. The proposed improvements consist of 7 new parking spaces and associated drive aisle, relocation of the trash enclosure, site grading, retaining walls, and landscaping. Civil and site plans for the project are included with this submittal under separate cover, along with an updated Drainage Narrative and Erosion Control Plan. The existing parking has 29 parking spaces and none of these spaces will be affected with this proposal. One additional space will be added to the existing parking lot, and an additional 6 parking spaces will be constructed on Lot 4. The existing trash enclosure will be relocated to accommodate the drive aisle to the new parking spaces. M RY I rr� r w. ewe ru � The application we are submitting is a Minor Development Plan, in accordance with Section 7.16.080 of the Avon Development Code. In addition, we are submitting an application for Alternative Equivalent Compliance in accordance with Section 7.16.120 of the Avon Development Code. The design of the parking lot does not comply with Section 7.28.090 Design Standards of the Avon Development Code, with regard to Parking Lot Perimeter Landscaping, which states: (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 three (3) spaces where the parking lot is adjacent to a public street or a non -retail or industrial use such as a residential area, institutional use (e.g., hospital), or office. (ii) The parking lot perimeter landscaping shall achieve a minimum of one and two-tenths (1.2) landscape units per lineal foot. (iii) Where lots are being developed in a mixed-use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to both parking lots. This code section is new to the Development Code and this is the first application submitted under these requirements, and as a result has not yet been tested. Under these requirements, this small parking lot would be required 186 landscape units. Based on the units awarded for landscaping, this would not be possible to meet. For example, as 10 ft. high evergreens give you the most points at 8 points, the code would require 23 evergreens to be planted. Section 7.16.080 Development Plan of the Avon Development Code provides the review criteria for a Minor Development Plan: (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Applicant Response: The proposed additional parking is in compliance with the purpose of the Development Code. Specifically, the following purpose statements are applicable to this project: (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation, and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; 3 (1) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub -alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources, and attain sustainability; (p) Promote the health, safety, and welfare of the Avon community. While generally these purpose statements are more applicable to development on a much grander scale than the proposed additional parking spaces, the proposal is in compliance with these purpose statements. It is complementary to the existing use on the site, which has become a hugely successful business, and a redevelopment that the Town of Avon is proud of. (2) Evidence of substantial compliance with the §7.16.090, Design Review. Applicant Response: The parking lot is in substantial compliance with Section 7.16.090. The proposed parking is not required of the development and is intended to allow for extra parking. (3) Consistency with the Avon Comprehensive Plan; Applicant Response: The Avon Comprehensive Plan provides the following Future Land Use Map: J The map identifies the property as"Neighborhood Commercial' which is defined as follows: Neighborhood Commercial — These areas are intended to provide neighborhood -focused retail and service uses (such as "vkets. childcare. testatuams.:md cafes) that are conveniently located near and connected With smrorunbing residential neighborhoods. v i The proposed parking spaces are consistent with the Avon Comprehensive Plan. (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Applicant Response: The proposed parking is consistent with the above criterion. (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Applicant Response: The proposed parking complies with the above criterion. (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Applicant Response: No additional services will be required with this proposal. Section 7.16.120 Alternative Equivalent Compliance provides the following criteria as the basis for a decision on an application for alternative equivalent compliance: (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Applicant Response: The parking lot landscaping requirements are new and have not been applied to a project at this point. Upon review of them, we discovered that they are cumbersome and generally impossible to meet. In addition, because they are based on the perimeter of a parking lot, an irregular shaped parking lot is subject to significantly more landscaping than a rectangle. The effect of the regulation actually encourages more pavement area, as the perimeter is actually less than making a parking lot area smaller by doing an irregular shape. 5 (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; Applicant Response: This criterion was addressed in the analysis above. (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Applicant Response: We are proposing 5 large evergreen trees and 17 five -gallon shrubs which will more than adequately screen this parking, resulting in benefits to the community equivalent with the standards. (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. Applicant Response: The proposed alternative to the design of the parking area has no impact on adjacent properties. Thank you for your time and consideration on this matter. We .look forward to hearing your comments on our application. Should you have any questions, please do not hesitate to contact me at 970.376.3318. Sincerely, Dominic F. Mauriello, AICP Principal 0 �r LaA a ' 12 % 4 w bi F 1•r�M1e" 1 VVV t c17 4 K 0 1/ V J J V IL to 2 POP DdsHn9 POP-- l�woul� 4 PDF -(Mutt -trunk) / LOT 4 / 6 K GRPEK FUD / (TOA) 1X � n— J I Epsfi � SPluce! Nadia mbecl etl al/dBlurbeaarareas Roof shedding zone I' I 5POP I / Existing / cOHonwood Dead SWIFT GULCH ROA7 (R.O.W. VARIES) __ _ Uatin95Pluce &uH=9 Spruce --- —. --- - —.. _- _1 SPR..___ .75rs -]CGA _ 7510 T \ _ _ '- 3CGA E%IStYIg stIXle - - — \ veneer wall • A 0" vME11E11V4"aq 0� LOT 61 0511 PLFB I Bike rack G — — — — \ / I Y I I I I I IID CAR CARS B SPI I I 5JUN I 14 RHIJ HEMERq I Ha9starmon,_ T [—New concrefe Sidewalk, curb&gutter New keysf block wall fret: civw) I j I I I I { I � I I t 3POP s (Multimfiri I PAPAVER I _I I X X I I 4 rl I ek I 1 I `I flat P32 __ - _g+-- __. k PLANTING NOTES 1. ununEs:lanaaaape mnlmdaria respmaibd mr aelnw;na kwgon of all plMwgdana PLANT LIST uNlidss pda-to mmmendn9 work. 2. SEED MIX: AIH dismbed areas are b be num,ated sill a dry relive mwnWin grass seed ma madam, Nan Pawnee Boftae SaW Cu. P.O. has, 100, 605 35th Gemmel No. Samet, Greeley, CO 01 1-500-782-5941, InaalPeerse9ofteSeed.mm, Pawneaeullesauutl.cam. The Into, (or an epuNakm a mmsed W Lardems, ArdlHad) Ia omar sed of Me fdlwUng species, Nametl an eadlred native mil at has to of 501oss.. brea ft est, (4-5 lies. per 1,WO square feet) and prdedetl with 15 POPuL54emukia'es same mulch (see Nde 4): 5 or@3 cal 10 mullisleci 2-L2 20% Mountain B. 5% Tclooke Wheatgal Evergreen N% SanderWlleagress 5% Blusburch Whemlgrass 10% Slreambank W heakmas 10% Indian RkeMase 2.5% Carty Blue mal 2S% Somali Blueghom I Piceagmgent 7.5% Ad. Feswe 15% Sheep Fescue 10 25% BpolebNsh Saulnelel Shrubs 18115 3. TOPSC L Evenly armed 2- of Icpadl In areas b be misled In name greases: 4' in sodded areas; and W in sterling beds. Till in MuwgMy with a mtadller. 4. SLOPE SIABIDIATION: After seadng, on dogs d gradients less Man 2.51, apply 22 Cayrpbrls X ciammoneras Fvaf Choxe Run chi BleSprea 2-3' of woad -free ffiaw sell spiral camellia tenter et a me, d Int lbs per acre. Ereeian mnad warrens to be applied M almost N 251 gradient or sa per. 10 Canada. smommerw 5. EROSION CONTROL: To mkimbe erosion and assment-laden Rai corba wka Implement best management HeoSma dieing lammospe Insmllelion. imiuding, es COR appmprete, hay bales, ext Nixon, all detention moes. Eamon sM above MB nmdn Nang Dogwmd reforms, sail shall he e[eMlieq seeda l all immomiled will .1...= fate[ no later Man 14 mys after mnstai of the wall. 5 Jvxpervs was Buala 6. PROTECTION OF TREES TO BE RETAINED: Aspen and Spmm to remain, as mled .nth ImMawpe plan, shall be flBggM pdOr b IM1e sled M mnslrutlpn end polede] RHDA Irem damage and star mmpadim win mmauction fencing at the ddplirre. Trans, _--- D RFagmtSume Managed by mnaVusul opareian°shall be reamced at CanaacWs oast. T. MULCH: All hamemoss piano, bade shall be lopdaassed veM I- of eati 14 Rhe Irrbbal aMedded M1aNwapd bank mu'dr. All ahNb beds and b¢¢ wells shell recets0 a mlMmum 3-M ekm ba-6shredded haMwmd WM mukh. SPI6 0. EDGER: Ryemm meal edger or equivalent shall the installed wimraven sod meals R Va h Ne Sol minimal orahmb plan" beda. CMB B. IRRIGATION: AN nem trees end shrvbs in rats¢ amered areae am to moarm ddp 6 Vdumrm dereadman Sam Iffirfila iargawan. New mrennawsaub beds and soddetl areas are In recon, astray Irdgetlm with 100%v dap. Hall sorted areae may r.mee temrary poimphon for a Formal minimum um of 30 days to arils. amp. seed gertersal ; Manhattan, water mgkedon ill k bu g.d.11, decreased. Th. i i,emum system is a Incll an aua ant. dock w0h C, _ Fy an imagmWdrain smaodshut-alL HNner.* Hepry Reform' Owed y¢Ikrw DaNily J :YINCA R % Ppays'sarvxn ' _ RegPale ------ -1 I _-- slreetl t NOTTINGHAM ROAD (50' ROW) LAND5CAFE Exhibit D a L R SHEI m 0 Z PLANT LIST CKey Ory Bmlenlml Nalre Gemmel No. St.. Da.lduhom Trem POP 15 POPuL54emukia'es lege 5 or@3 cal 10 mullisleci 2-L2 Evergreen Trees SPR I Piceagmgent Ccbra]m SD 10 Shrubs 18115 1 CAR 22 Cayrpbrls X ciammoneras Fvaf Choxe Run chi BleSprea CGA 10 Canada. smommerw S,W,. Passiumb COR 0 Cmds s.rk.a IsanO Nang Dogwmd JUN 5 Jvxpervs was Buala Beab Spreadng Junper RHDA 16 Rh Gc G L W _--- D RFagmtSume RHU 14 Rhe Irrbbal TII Laf B SPI6 Samoa m.R R Va h Ne Sol CMB 6 Vdumrm dereadman Sam Iffirfila BI Muffin Vnumurn Formal / HEMERO HNner.* Hepry Reform' Owed y¢Ikrw DaNily tgal 15PAPAVc :YINCA R % Ppays'sarvxn iP 4n FI512"Ina MNCp 32 32 VXrcamma'WummeMn vark Vaniapadtl Pe@Nmde III .F32 (o�P!taLS F15) RegPale ------ -1 I _-- slreetl t NOTTINGHAM ROAD (50' ROW) LAND5CAFE Exhibit D a L R SHEI m 0 Z `Fr GULCH ROAD —'—� (R W. VARIES) \ \ 7515— --- - - _ _ - - _ - - - - _ 5 = 7 10 � --� -]SGS �� '•IIR-'' �� -- / SVAFT GULCH COMMERCIAL CONDOMINIUMS 1 71 749 Ir `---{-�11 J GRAPHIC SCALE EXHIBIT I DRAWN: RAS DESIGNED BY: RAB REVIEWED: RAS PLC JOB$: 1756.1 DATE: 5/22/2012 SHEET c1.0 REMOVE TREE- / f •: i/� /� /59'� RELOCATE MASH ENCLGSJRE "� / LOT 67 ,. PR. SNOW STORAGE 850 (3500 SF PAVED AREA, 700 SF REQUIRED) p - Q INSTALL ROAD I I CHASE DRAIN WLCN (RO.W. VARIES) 1B.M COMPACT PARKING (TYP.) I I RECRAGE E% I -.. LO 4 DRAINAGE $WALE I I / I exrsnNc IXRLNE II, 1 — �r_J✓ t`� I�l I it I/ III IREMOVE TREES I PROPERTY / UNE11 1 it PR.ASPHPLT PAVING I /�� II'N - BACKAREA M -r I I \ w�• / REALIGN EK CULVERT I I � An laftwo NOTTINGHAM ROAD SIDEWALK IMPROVEMENTS. RESPONSIBUTY TO BE DETERMINED. NOTTINGHAM ROAD (50' ROW) / SVAFT GULCH COMMERCIAL CONDOMINIUMS 1 71 749 Ir `---{-�11 J GRAPHIC SCALE EXHIBIT I DRAWN: RAS DESIGNED BY: RAB REVIEWED: RAS PLC JOB$: 1756.1 DATE: 5/22/2012 SHEET c1.0 GRAPHIC SCALE (r"�1 SWFT GULCH ROAD (R.O.W, VARIES) -------- 7-- GULCH ROAD (R.O.W. VARIES) \ —_� v / i750a NOTTINGHAM ROAD (50' ROW) / SW1FT GULCH COMMERCIAL CONDOMINIUMS / I 17 0 ; / � r / v GRADIN ELEVATION LEGEND —7505— E5mN4 COxmuR x/re.or� Enmxc cRraE z.s PRW PRWV CMpIIOJR X1fl66 PRWOSm flWSR®ptA�E I.ez vaWosEo flNSRD $LWE / / SW1FT GULCH COMMERCIAL CONDOMINIUMS / I 17 0 ; / � r / v GRADIN ELEVATION LEGEND —7505— E5mN4 COxmuR x/re.or� Enmxc cRraE z.s PRW PRWV CMpIIOJR X1fl66 PRWOSm flWSR®ptA�E I.ez vaWosEo flNSRD $LWE 0 D a Y Lu Lu U J Y d U m O� U Q w 0 Z 7- 0 �Q�oQ F— F -- LL Z WQz —LLZWQz W Q �o z cd NQ G of fVll Z Y Q a. DRAM -RA B DESIGNED BY: RAB REVIEWED: RAS PLC JOB#: 1756.1 DATE: 5/22/2012 SHEET C2.0 GRAPHIC SCALE lo (A PEEP ) � Inet — to Il _ --`---s_----GULCH ROAD _— -- \ SW \ R.O.W. VARIES) \ \ 7520 — — — — — — �\ \� S"FT GULCH ROAD (R.O.W. VARIES) I / I / I 1I I� I ' SILT CE (1YPJ I I I S1RA BALE DIKE I / I I I � II I I I I I I I I I I I I / I ✓ / I I I I I / INSTALL SEDIMENTATION B\ II / 220 SO. FT v 1' DEEP Al LOT 67 a / SWIFT GULCH COMMERCIAL CONDOMINIUMS NOTTINGHAM ROAD (50• ROW) DRAWN: RAB DESIGNED BY: RA B REVIEWED: RAB PLC JOB#: 1756.1 DATE: 5/22/2012 SHEET C3.0 Quantity Symbol Description Size Landscape Units 5 �7 Evergreen 8-10 ft. 40 17 Shrub 5 gal. 17 y �f7�wd.�V�MAO110iia ` 1 r[a+x Iv��4nvpt Wx-¢0 m ocm 4UT 47 N6SiN7iul RWD (50' Rtlh} trwT Ck LIM �- UJ INS _ I _ -------------- 1 'ciea'amc scam 1 «1 0 d Y W W U Y U in 4m 0� ~ 02 ,�dno0- vU)JU11J Z UJ r- LU r O OL OL 2 MI' Plll MD BO. RAE IV" Ful Mf. 17�... $MEET C1.0 STAFF REPORT (j June 5, 2012 Planning and Zoning Commission Meeting U Report Date June 1, 2012 Application Preliminary PUD File No. PUD12002 Zoning Planned Unit Development Prepared By Matt Pielsticker, Planner II Introduction The Applicant, Harvey Robertson of RMT Architects, representing the owners of the Village at Avon property, has submitted a Preliminary PUD Application (Exhibit A) and concurrent Subdivision Application (collectively "the Application"). The Application includes an Amended and Restated PUD Guide ("Amended PUD Guide"), Amended PUD Map ("PUD Master Plan"), a Subdivision application ("the Plat"), and Consolidated, Amended and Restated Annexation and Development Agreement ("CARA DA" ). The Application was submitted in order to implement certain provisions of the Settlement Term Sheet ("the Settlement") — made and entered into on October 7, 2011 by and between the Town, Traer Creek LLC, Traer Creek-RP,LLC, Traer Creek Plaza LLC, EMD Limited Liability, Traer Creek -HD, LLC, Traer Creek - WMT, LLC, BNP Paribas and Traer Creek Metropolitan District. Since a subdivision will be necessary to implement portions of the PUD and Settlement, a Subdivision application ("the Plat") was submitted concurrently with the Preliminary PUD. The Planning and Zoning Commission ("PZC") will review the Application and conduct a public hearing on June 5, 2012. After reviewing the Application and considering Staff's analysis, referral agency comments, and public input, PZC will forward a recommendation to the Town Council for their consideration. If the Preliminary PUD is approved, a Final PUD application would be required to finalize the approval. It must be noted that this report is based on review of version 8 of the Amended PUD Guide, and not the version distributed in the Application attached hereto as Exhibit A. Version 8 is the copy that was distributed for the joint work session with the Town Council two weeks ago. The Amended PUD Guide included in Exhibit A is version 9, and Staff has not been afforded time to review the modifications or provide a recommendation based on recent revisions. A Memorandum from Kimberly Martin, dated June 1, 2012, is included with the attached binder highlighting the revisions. Executive Summary The Application proposes a number of PUD amendments to the approved zoning control documents for the property, ranging from minor changes and clarifications to major amendments to development standards and related processes. Some of the pertinent documents that must be considered when reviewing the Application include: the existing PUD Master Plan Map, 1996 Comprehensive Plan, Existing and Proposed PUD Guides, and the Avon Municipal Code review criteria. Note that the CARADA is being processed separately by the Town Council given its legislative nature. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 11 P a g e In order to provide for an organized efficient review, this report is broken down into a number of subsections. Table 1 below summarizes the outline of this report and some of the pertinent discussion points that will need to be discussed. The report includes a background of previous PUD/Zoning Amendments, processing requirements, planning analysis including the mandatory review criteria, amendments to the PUD that are clearly called out in the Settlement, amendments not clearly defined in the Settlement, findings, and recommendation. Table 1: Report Outline A. Amendment Background B. Application Processing • Completeness Review • Public Notification Requirements • Referral Agencies C. Amendments Included in the Settlement Term Sheet 1. 6 Year Extension to the Vested Property Rights 2. Modifications to the location of the dedicated School Sites 3. Allowing Commercial (i.e. gas station) as a Permitted Use north of 1-70 in N -South & RMF -1 4. Explicitly allowing Hotel/Lodging Uses for N -South and RMF -1 and providing design standards 5. Dedicating Open Space Tracts OS -9 and OS -10 to the Town 6. Amending PUD to depict road access to Planning Area I and provide road standards 7. Increase Density on the hillside area and provide Development Standards 8. Move and Dedicate Planning Areas B and C to Town 9. Depict narrowed E. Beaver Creek Boulevard and allow phased development 10. Application of the "David Johnson Study" for drainage requirements 11. Administrative Subdivision Processing for portions of the development D. Amendments or Issues Not Addressed in Settlement Term Sheet 1. Eliminating commercial square footage cap 2. Village Residential to Mixed -Use and Retail Zoning 3. Clarifying and expanding Avon Municipal Code sections exempt to the Property (Exhibit G to PUD Guide) 4. Process changes for future PUD Amendments, SRU, Temporary Use, Interim Use, Sign Permits, and Building Envelope Modifications 5. Conceptual nature of roads and Planning Area Boundaries 6. Modifications to and Expansion of Village at Avon Design Review Board (DRB) powers 7. Monumentation Signage Allowance 8. Removal of Statements for Planning Areas 9. Master Developer concept is introduced for most future improvements 10. Inclusion of Water Rights Tracking Mechanism 11. Conflicts with Interpretation 12. Expanded Definitions and Commercial Uses 13. Wildlife Protection 14. Parking Regulations June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 2 1 P a g e E. Planning Analysis • Mandatory Review Criteria from §7.16.060(e)(4), AMC F. Engineering Department Analysis • Hillside Development • Road Layout • Road Cross Sections • Subdivision G. Findings & Staff Recommendation A. Amendment Background Annexation & Development Agreement History: The Annexation and Development Agreement was entered between EMD LLC, PVRT NOTT I LLC, PVRT NOTT II LLC, PVRT NOTT III LLC, and the Town of Avon on October 13, 1998. This agreement provided vesting and property rights for the Village (at Avon) annexation property. Development Agreement Amendment #1 Approved by Ordinance No. 01-16 on November 13, 2001 • Clarified the responsible parties and ownership of the PUD. • Administrative Amendment No. 1 to the Development Plan was correctly referenced. • Completion of 1-70 Improvements and related construction bonding extended from April 13, 2003 to June 15, 2003. • Added a phasing plan for E. Beaver Creek Blvd road improvements. • Tied the Swift Gulch Rd improvements to the same timeframe as the 1-70 improvements. • Required conveyance of the Public Works Site (Lot 5) to occur within 30 days of any issuance of any Certificate of Occupancy for Home Depot or Wal-Mart. • One -acre dedication requirement for the Fire District is specified. • Established a Retail/Real Estate Transfer Fee, Accommodation Lodging Fee, and Use Tax. • Clarified lost sales tax revenues from Wal-Mart and City Market. Development Agreement Amendment #2 Approved by Ordinance No. 03-08 on May 27, 2003 Replaced the Highway 6 exaction requirement with a Highway 6 trail exaction requirement; intended to cover the design and construction costs for sections of a future pedestrian trail system along Highway 6. Development Agreement Amendment #3 Approved by Ordinance No. 04-17 on October 26, 2004 • Corrected the method of computing the cost of police services and establishing a new formula that reflects and ensures that Traer Creek Metro District would pay for the actual cost of police services provided. • Deferred the completion of E. Beaver Creek Blvd improvements in East Avon from 2005 to in 2009. PUD Amendment History The Village (at Avon) PUD was approved by Ordinance 98-16 on October 13, 1998 in tandem with the June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 3 1 P a g e Annexation. The approval included a Master Development Plan (map) which breaks down the 1,789 acre property into different planning areas, and a PUD Guide which assigned density and use standards to each planning area. The PUD approval constituted a Site Specific Development Plan. I..Ll l4lN . &LamYW6 .mMaw uu 61a1@ THE VILLAGE LF (at Aaoaf Development Pladit teh Ptan P' Administrative PUD Amendment #1 Approved May 14, 2001 Moved location of the school site (Planning Area G) to the north side of the Interstate to an area within Planning Area RMF -1. 1998 Sketch Plan Approval Admin Amendment No.1 Administrative PUD Amendment #2 Approved February 13, 2002. Adjusted the building setback requirement for Planning Area K (Wal-Mart) due to building encroachments at the SW corner of the nursery structure. Administrative PUD Amendment #3 Approved May 15, 2002 Specified deed restrictions for Buffalo Ridge (Filing 2). June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 4 1 P a g e Administrative PUD Amendment #4 Approved May 15, 2002 Revised the design standards for Swift Gulch Rd and Recreation Path. Formal PUD Amendment # 1 Approved by Ordinance 06-17 on January 23, 2007 o Permitting separate facilities for the Eagle County Health Services District and the Eagle River Fire Protection District within Planning Area N. o Relocated the 7.3 acre school site (Planning Area G) adjacent to 1-70 within the boundaries of Planning Area D, and reduced the size of Planning Area D accordingly. Formal Amendment No.1 B. Application Processing (§7.16.020, AMC) Determination of Completeness The Application was submitted on March 23, 2012 and reviewed by the Community Development Department for completeness within ten (10) business days after receipt. The Application was eventually found complete on May 7, 2012. Since that time there has been some dialogue between Staff and the Applicant and two rounds of initial review comments were provided by Staff. Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300' of the property. In addition, a notice was published in the Vail Daily newspaper on May 25, 2012. The noticing requirements were performed by Town Staff in order to facilitate the implementation schedule that was stipulated by the Settlement. Electronic referrals were sent out on May 8, 2012 by the Community Development Department via e- mail with a link to the information materials on the Town website at www.avon.org/referral. The referral period was for twenty-one (21) days, ending May 29, 2012. All public and agency referral comments are attached to this Report as Exhibit B. The following list agencies and entities were notified pursuant to §7.16.020(c)(2), Referral to Other Agencies, Avon Municipal Code ("AMC"): Eagle County Planning, Eagle County School District, ECO Trails, Eagle River Water & Sanitation District, Eagle River Fire Protection District, United States Forest Service, Department of Transportation, Eagle County Health Service District, Department of Wildlife, Colorado State Land Board, Colorado Geological Survey, Colorado Mountain College, Eagle -Vail June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 5 1 P a g e Metropolitan District, Eagle County Sheriff, ECO Transit, Eagle Valley Library District, Upper Eagle Regional Water Authority, Buffalo Ridge Affordable Housing Corporation, Buffalo Ridge II, Xcel Energy, Holy Cross Electric, Comcast, Beaver Creek Metropolitan District, Beaver Creek Property Owners Association, Beaver Creek Resort Company, Vail Resorts, Union Pacific Railroad, and the Public Utilities Commission. To date staff has received two (2) written comments as a result of the agency referrals. A letter was received from Jeanne McQueeny, President of the Eagle County School District Board on May 29, 2012. A letter was also received from Perry Will, Area Wildlife Manager of the Colorado Parks and Wildlife Department on May 29, 2012. Both letters as well as some recently received public comments are attached as Exhibit B. Review The PZC shall review the PUD application and provide a recommendation to the Town Council after conducting a public hearing. It is customary for PZC to formulate their recommendation with a Resolution to Town Council. Staff has prepared a draft Resolution (Exhibit C) and recommendation for consideration. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing. If approved, it will be approved by Ordinance and will take two separate readings of an Ordinance and a public hearing. A public hearing before the Town Council for Preliminary PUD is tentatively scheduled for June 19, 2012. C: Amendments Included in Settlement, Schedule 3 — Land Use Issues To organize the review of this type of application, Planning Staff assembled the review into two categories: 1) Amendments Included in Settlement Term Sheet, Schedule 3 - Land Use Issues; and 2) Amendments not included in the Settlement Term Sheet. This analysis is consistent with Staff's initial review of the documents, and should assist the PZC with the various topics and in formulating a recommendation to the Town Council. Following is a list of amendments pulled directly from the Settlement, Schedule 3 — Land Uses: 1) Extension of Vested Rights Period Settlement Term Sheet: The vested rights period will be extended by six (6) years. In addition, Avon will officially recognize and agree that its Ordinance limited vested rights to a short period will not apply to any future applications within the Village (and similarly recognizes that other things won't apply — such as the fire protection fee, the new 1041 regulations, impediments to shared public parking structures). PUD: Section 1.3 of the Annexation and Development Agreement outlines the current vested rights for the property, and states that vesting shall continue until the 35th anniversary of the effective date (October 13, 1998), or until October 13, 2033. Proposed PUD: The Amended and Restated PUD Guide extends the Vested Property Rights through and including December 31, 2039. The Amended PUD Guide further states that future amendments will not be subject to a shorter vested term. The Development Agreement contains the same information. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 6 1 P a g e In terms of recognizing what AMC sections will not apply, the application includes exceptions (Exhibit I of PUD Guide) including but not limited to: portions of §7.16.040, Vested Property Rights, §7.40, 1041 Regulations, §7.28.020, Parking and Loading, and §3.40, Impact Fees. The current AMC parking regulations require that off-site parking or public parking be created by a parking district and be owned in the same ownership as the use, structure or lot which the parking serves. This scenario would not work with the existing public parking structure on Lot 2, Village at Avon Filing 1 (Traer Creek Plaza) since there is no parking district and the property owner desires to place ownership in another separate entity. This issue has been addressed with the proposed Shared Parking regulations in the PUD Guide, PUD Guide Definitions, and the recently approved Traer Creek Plaza Condominium Map. 2) School Site Dedication Settlement Term Sheet: Traer will dedicate approximately 3.6 acres from Planning Area I to TOA to convey or lease to Stone Creek Charter School. The adequacy and configuration of the School Site Dedication in Planning Area I must be confirmed by Stone Creek Charter School. TOA will agree that the school site would be conveyed or leased to Stone Creek Charter School for no cost. The remaining approximately 3.7 of the 7.3 acre School Site Dedication (and the Developer confirms that a total of 7.3 acres will ultimately be dedicated) will be satisfied through a future conveyance in Planning Area M. The timing of the future conveyance in Planning Area M will be at the time of subdivision platting. There would be no reversionary clause in the conveyance of the School Site Dedication to TOA. The School Site Dedication will be limited to use as a state licensed educational facility serving grades K -12 (or any portion of such grades). Any use of the sites would be subject to prior approval by the Village DRB, including potential future uses including but not limited to pre - school, day care, community educational, cultural, and /or art classes, museum, or recreational. The foregoing dedications will satisfy all school site dedication requirements in full. The approved amendment to the PUD required to implement the foregoing will have the effect of superseding Ordinance No. 06-17 and making the conditions and restrictions set forth therein legally inoperative. The Town shall approve a subdivision plat to create the School Site Dedication parcel within Planning Area 1 as part of the other ordinances, annexation agreement amendment, PUD plan amendment and PUD Guide amendments which are required to implement the settlement agreement. Existing PUD: The existing PUD Development Plan includes Planning Area G, a 7.3 acre planning area located within a residential planning area bordering Interstate 70 opposite the highway from Buffalo Ridge apartment and Planning Area RMF -1. Additional development standards are identified for this planning area in the PUD Guide. The PUD states that the purpose of the site is "To provide a school site to meet the needs of the Eagle County School District." Proposed PUD: Per the Settlement, the PUD Master Plan includes a relocated school site (Planning Area E — 4 acres) to the southwest corner of East Beaver Creek Boulevard and Post Boulevard intersection. While the 4 acre size and location of the Planning Area is consistent with the Settlement, the resulting size of the parcel is less. According to the accompanying Plat, this will be Lot 3 and will total approximately 3.5 acres. The new purpose statement for this Planning Area is "To mitigate the impact of the Residential Uses proposed for 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 future residents thereof." June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 7 1 P a g e According to the Application, the balance of approximately 3.3 acres for school purposes would be dedicated to the Town and recorded at the time of final subdivision of Planning Area I. This appears to be consistent with the intent of the Settlement, and the resulting timing of such future conveyance is uncertain at this point; however, if a demonstrated need exists for educational facilities in the near term it could be accommodated or combined elsewhere in the PUD according to the CARADA. Table 2 below summarizes the current and proposed school site dedications. . - Current Proposed Planning G(7.3 Acres) E(4 Acres Per PUD— 3.52 Acres per A rea/A creage Plat) Balance to be located within Planning Area I Uses • Educational • Educational, limited to state • Recreational licensed K-12 • Public/Private Roads/Utilities • Infrastructure • Parks and Open Space • Dry Utilities • Day Care Facilities • Child Care* • Pre-school* • Community/Adult Education* • Cultural and/or art Classes* • Recreational Facilities* • Other Community/Cultural Uses* • Museums* *Subject to VAA DRB approval of Uses/Design SR Us N/A None Interim Uses N/A • Agricultural • Construction Staging • Accessory Uses and Structures Height 35' + Non -habitable Architectural 35' — No architectural Projections Projections Setbacks • 25' Front • 25' Front • 7.5' Side • 20' Side • 10' Rear • 20' Rear Site Coverage Not Defined 80% The PZC must consider the suitability of Planning Area E (Lot 3 according to the Plat). Physically, it is bifurcated and encumbered by existing easements and improvements. The side and rear setbacks are increased in size (i.e. side yard setbacks increased from 7.5' to 20', rear setback from 10' to 20'). No rationale was provided for the increased setbacks, changes to the allowable uses, or Special Review Uses June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 8 1 P a g e as noted in the table above. The setback increase for the rear setback could be in response to the 25' Utility Easement. The Town would be obligated to bring any other necessary utilities to the site. School Site — Lot 3, Filing 1 3. Planning Area N South Settlement Term Sheet: Planning Areas N South and RMF -1 will be changed to commercial zoning that allows hotel/lodging and additional commercial uses such as gas station, convenience retail, restaurant and similar uses. Traer will agree that the 5.8 acres of park land in Planning Area N South would be replaced with same parkland dedications in the Hillside area, Planning Area M and /or Planning Area RMF -1 as determined by Traer. Dedication will be to TOA and park improvements will be at the Towns cost. Permitted uses could include: park, trail head, trail connections, dog park, or natural park (i.e. wetland /natural resource protection area). Existing PUD: Planning Area N South is currently zoned for Community Park Use and RMF -1 is currently Residential Multi -Family. A comparison of the existing and proposed zoning standards is included in the Planning Area comparison chart attached to this report as Exhibit D. The N -South area measures approximately 6 acres and is generally buildable since it is accessible from a completed road and the topography is graded and relatively flat. Planning Area RMF -1 is currently 31.5 acres and allows for 6 dwelling units per acre with the some neighborhood oriented commercial potential. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 9 1 P a g e �. ApproxCenteBine Location N - 14. '14' Holy Cross Energy - Underground RDW Easement At c a �o — Utility & Drainage ..- Easement 7 5` J Utility Easement 25' Utility Easement a-` k _ Lot 3 i 25' Utility Easementl Filing'1, Lot 3 — Filing 1 Easements I/'✓ a 10tt Contours Irny Proposed Lot 3, Filing1 �JFee' School Site — Lot 3, Filing 1 3. Planning Area N South Settlement Term Sheet: Planning Areas N South and RMF -1 will be changed to commercial zoning that allows hotel/lodging and additional commercial uses such as gas station, convenience retail, restaurant and similar uses. Traer will agree that the 5.8 acres of park land in Planning Area N South would be replaced with same parkland dedications in the Hillside area, Planning Area M and /or Planning Area RMF -1 as determined by Traer. Dedication will be to TOA and park improvements will be at the Towns cost. Permitted uses could include: park, trail head, trail connections, dog park, or natural park (i.e. wetland /natural resource protection area). Existing PUD: Planning Area N South is currently zoned for Community Park Use and RMF -1 is currently Residential Multi -Family. A comparison of the existing and proposed zoning standards is included in the Planning Area comparison chart attached to this report as Exhibit D. The N -South area measures approximately 6 acres and is generally buildable since it is accessible from a completed road and the topography is graded and relatively flat. Planning Area RMF -1 is currently 31.5 acres and allows for 6 dwelling units per acre with the some neighborhood oriented commercial potential. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 9 1 P a g e Current Proposed Proposed PUD: The proposed "Commercial Uses" as defined in the Amended PUD Guide would explicitly allow all uses contemplated in the Settlement including but not limited to hotel/lodging, gas station(s), convenience retail, restaurant, and other similar uses. The definition would also include a number of other uses not currently permitted. The extensive "Commercial" uses listed in Exhibit I of the Amended PUD Guide must be reviewed carefully for these two planned commercially zoned properties for compatibly as well as all other planning areas that permit Commercial as a general land -use. The N -South area is approximately 6 acres, mostly graded and suited well for commercial land uses given its proximity to an arterial street and the highway interchange. While not the ideal location for a "community park", there are several types of facilities that could function quite well in this location. Indoor recreation uses could function better than traditional outdoor park uses. Studies performed by the American Planning Association suggest that when planning park facilities the most effective designs are those that are positively incorporated within or immediately adjacent to residential development, and not isolated. It is suggested to locate future park/open space within future neighborhoods. For example, Planning Area P1 is incorporated within Planning Areas C and D to provide a guaranteed, accessible open area. Perhaps it would be more appropriate to reassign some of the displaced Park area to the valley floor and around Planning Area P1. While removing designated community park space from areas north of Interstate 70 appears to be an appropriate amendment, some of the "park" area — not necessarily "open space" areas — should be incorporated within development on the valley floor where future residents and guests could benefit the most. Human interaction and casual activities in park settings is important and encouraged when parks are easily accessible to neighborhood residents. 4. Hotel Use Settlement Term Sheet: Planning Area N South and RMF -1 will be amended to expressly allow hotel/lodging uses. Adjustment of maximum site coverage will be reviewed by Traer to determine if appropriate for this use. A short list of minimum design requirements which are objective and reviewable at building permit level will be developed. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 10 1 P a g e Proposed: As mentioned above, this Planning Area N -South would be rolled into Planning Area J — a Regional/Neighborhood Commercial and Residential Mixed Use designation. Pursuant to the Amended PUD Guide, the Town shall confirm compliance with the supplemental design improvements standards set forth in Section J.9 prior to issuance of a building permit for any Hotel, Motel and lodging Uses. Section J.9 reads: The following supplemental design and improvement standards shall apply to any Hotel, Motel and Lodge Uses developed within Planning Area J, and conformance with such supplemental design and improvement standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses: (a) Excepting the rear building elevation, building elevations not readily visible from a public right-of-way and building elevations predominantly comprised of glass, a minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of stone, concrete or masonry units (brick or split face block); (b) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding and plastic or vinyl siding is not permitted; (c) Pitch roofs are to be of unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent); (d) Flat roofs shall have concrete pavers or natural colored stone as ballast, provided that grass roofs and solar and thermal collectors are permitted; (e) All mechanical equipment (wall and roof mounted) shall be screened from view of the adjacent street level, and all vent terminations shall be consistent with adjacent materials; (f) All window frames shall be metal clad or alloy extrusions, (g) All window glazing shall be clear or tinted to blend with the environment. PZC must determine whether the above -proposed design standards and determine if they are comprehensive enough to provide surety that any potential hotel building(s) on the property would ensure a high quality aesthetic appearance given the prominence of the property and gateway nature it holds. Of note is the lack of any requirements related to color to ensure earth tone colors with a low light reflective value to ensure consistency with other commercially zoned properties in Town. The appropriateness of ensuring compliance with these standards at the building permit state of review may be problematic given the amount of investment required to reach this stage in review. S. OS -9 and OS -10 Settlement Term Sheet: OS -9 and OS -10 will be dedicated to TOA at the time of platting Area M. OS -9 and OS -10 shall be used for open space purposes with a reservation or easement allowing construction of a bridge and bridge abutments concurrently with other documents required to implement this settlement agreement. Existing PUD: These two planning areas are currently zoned for Open Space use. Planning Area OS -9 measures .5 acres and OS -10 is 5.4 acres respectively. OS -9 is bordered to the north by the USFS parcel that is currently subject of a land swap, and bordered on the south by the Union Pacific (UP) railroad right-of-way. OS -10 is bordered to the north by the UP railroad right-of-way and the edge of the Eagle River to the south. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 111 P a g e Both properties are part of the original township/range property description that includes the large piece of property to the north, which is currently referred to as Planning Area K in the Application. The recorded property description includes portions of the river and excludes railroad right-of-way; both parcels are non-contiguous with other properties in the PUD. Currently allowed uses include trails, landscape improvements, roads, and utilities. The PUD specifies that utilities and roads should be limited to a north -south axis when dealing with OS -10. Park and picnic facilities and related parking are specifically called out for OS -9. Special review uses include water features such as lakes, ponds, and irrigation ditches, park and picnic facilities and limited roads as mentioned above. OS -5/9 & OS -6/10 Proposed PUD: These parcels are now being referred to as OS -5 and OS -6 in the Application. The PUD Guide specifies uses by right, interim uses, and special review uses. In addition to customarily accepted open space uses such as trails and landscaping, the PUD now proposes the addition of cabled and wireless telecommunication equipment (if approved by the DRB). The Application now includes June 5, 2012 Planning and Zoning Commission Meeting– PUBLIC HEARING Village at Avon Preliminary PUD 12 1 Page `�.} [formOr!y OS -6 (formerly 175-1 a} Eagle Ricer 41 VAA PUD - Proposed Planning Areas — Railroad Lakes and Rivers qpM Proposed Planning Areas Feet �.+..,.�,.• o.P...e o MG 280 ��• �"�-�`� �nK OS -5/9 & OS -6/10 Proposed PUD: These parcels are now being referred to as OS -5 and OS -6 in the Application. The PUD Guide specifies uses by right, interim uses, and special review uses. In addition to customarily accepted open space uses such as trails and landscaping, the PUD now proposes the addition of cabled and wireless telecommunication equipment (if approved by the DRB). The Application now includes June 5, 2012 Planning and Zoning Commission Meeting– PUBLIC HEARING Village at Avon Preliminary PUD 12 1 Page "Agricultural" use as an allowed interim use. The special review uses are consistent with the current PUD including water features and park/picnic facilities. The Settlement contemplated the use of these tracts as a landing pad for a bridge over the Eagle River, and specified that the land would be conveyed to the Town. The potential future bridge is now called out further to the east with direct access to Planning Area I and bridge references appear to be a moot point. In terms of the timing and mechanism for conveyance, these two issues are dealt with in the CARADA. As drafted, these two areas would be conveyed by quit claim deed to the Town at the time of initial subdivision of Planning Area I to the north. The CARADA goes on to state that bridge improvements would be allowed in these planning areas and that any improvements would require DRB approval. This Settlement term appears to be addressed collectively in the Application. 6. Road Access to Plannine Area M (Now referred to as "I" Settlement Term Sheet: The PUD Plan will be amended to depict road access to Planning Area M. The PUD Guide will be amended to set forth specific road standards for this access road, including a narrowed two lane profile, ability to construct separated pedestrian/recreation trail, and specific standards for retaining walls. Existing PUD: There is no road access depicted on the PUD Plan or standards for a road accessing the regional commercial planning area through the USFS property. Planning Area RMF -1 is currently bordered on the west and north by Swift Gulch Road, and a road heading up to the hillside residential area. Proposed PUD: The PUD Master Plan includes a "conceptual non-binding road alignment" leading from the Post Boulevard/Swift Gulch Road roundabout through Planning Area J and the USFS parcel to Planning Area I. In terms of road standards, this conceptual road is indicated as a Rural Collector Road on Exhibit F of the Amended PUD Guide, but there are no specific road standards identified for this particular road. A "Rural Collector' road type could have a 50' Right -of -Way. The separated pedestrian/recreation trail and specific retaining walls standards are not addressed with the Application. The Engineering Analysis in Section G of this report analyzes the proposed road standards. The timing and instrument to dedicate this potential road access to I is addressed in the CARADA. According to Section 4.2.E, Easement for Planning Area 1, in the event the Town acquires the USFS parcel the Town would be obligated to record an easement agreement for said road within three (3) days of acquiring title and prior to a conservation easement being placed on the property. Staff has expressed concern with the timing of this requirement and would recommend a longer time period to address such request. In addition to the timing concern, this section of the CARADA fails to mention a recreational trail use within the easement, as suggested in the Settlement. 7. Hillside Density Settlement Term Sheet: The PUD Plan will be amended to increase the planned density of the hillside PUD area up to a maximum amount of residential units permitted on a cul-de-sac as set forth in the PUD Guide. Traer will propose specific PUD Guide development standards for the hillside PUD area which June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 13 1 Page shall supersede any TOA development standards as exist in 2011 and which will apply to future subdivision and development applications. Existing PUD: This existing PUD designates the majority of the northern "hillside" area as open space (OSS, OS -6, OS -7, and OS -8). The PUD permits 91 single-family home sites, each with the ability construct a caretaker unit. There is one homeowner association/caretaker lot (Lot 1), and the balance of the residential units would be contained in RMF -3. The Multi -Family residential portion of the hillside development currently measures 16.3 acres with a planned density of 6 du/acre, or approximately 98 multi -family dwelling units. In summary, the PUD currently permits 91 Single -Family units (each with a primary/secondary configuration), 1 caretaker unit, and approximately 98 Multi -Family units totaling 190 "Dwelling Units" as defined by the PUD Guide, or approximately 280 residential units. The siting of the single- family/caretaker lots and building envelopes were based largely on input from the Department of Wildlife. The Wildlife Mitigation Plan includes buffer -style setbacks for properties bordering the USFS boundary due to evidence of critical wildlife habitat. Proposed PUD: The hillside residential area (now referred to as K and RMF -1) would be permitted up to 280 "Dwelling Units", until such time as a secondary road access is provided. The PUD Guide defines primary/secondary as one (1) Dwelling unit. If all the density were constructed in the form of primary/secondary, there could be a total of 560 residential units. Given that the roads, lot layouts, lot sizes, number of lots and lot configures are all conceptual there is no assurance of structure type or location that may be constructed throughout Planning Area K. The only assurance provided is that if a primary/secondary dwelling is constructed it would be counted as one (1) Dwelling Unit, and the ratio for primary/secondary could be increased from a 75%/25% acceptable ratio to 60%/40% which results in more of a duplex style building type and inconsistent with the principle of primary/secondary. Single-family, duplex, and multi -family structures are all permitted throughout Planning Area K in the Application, including Planning Area RMF -1 which is encompassed within Planning Area K. 8. Dedication of Planning Areas B and C Settlement Term Sheet: PUD Plan, PUD Guide and Annexation Agreement will be amended to depict Planning Areas B and C on the north side of East Beaver Creek Boulevard and will state that Planning Areas B and C will be dedicated to TOA. Traer shall prepare a subdivision plat and shall dedicate planning Areas B and C to TOA concurrently with the other documents required to implement this Agreement. Improvement of Planning Areas B and C will be at Towns cost and will be subject to prior review and approval by Village DRB. TOA will cooperate with TCMD to allow improvement of pond/impoundment water feature to be designed, constructed and maintained to provide water storage for augmentation purposes. TOA shall agree that boundary adjustments and re -plats of Planning Areas B or C shall be processed and approved administratively and that TOA shall not unreasonably refuse reasonable requests by Developer to adjust or re—plat Planning Areas B or C. Existing PUD: The PUD Master Plan includes Planning Area B (2.4 acres) and C (1.7 acres) in the valley floor, separated and accessed by East Beaver Creek Blvd. The existing PUD assigns residential density June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 14 1 P a g e to each planning area, with 10 dwelling units per acre for Planning Area B and 4 dwelling unit per acre for Planning Area C respectively. Proposed PUD: The two planning areas are consolidated into a single 4 acre planning area (4.1 acres according to the Plat) on the bordering and accessed on the north side of "Main Street". In the interim period there would be a platted access easement leading from East Beaver Creek Blvd direction through a portion of the greater Lot 1 to provide interim access capabilities. Lot 2/Planning Area B The amount of energy required to fill this property to construct a useable park space is substantial. As evidenced above, there is at least a 60' grade differential from the north to south edge of the property. While the overall location of this parcel appears to be acceptable from a two-dimensional perspective, with opportunity to be surrounded by residential or mixed-use development in the middle of the valley floor, the coordination and timing required to facilitate any type of community facility envisioned is 'to be determined' and at the mercy of the Master Developer. 9. East Beaver Creek Boulevard Settlement Term Sheet: The Annexation Agreement, PUD Plan and PUD Guide will be amended to depict narrowed East Beaver Creek Boulevard and allow EBCB to be developed in phases as determined by June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 15 1 P a g e 7*i TO �a& 70 . � a se "+ ' •tib o � r ,,,"' #r MR - W, �Y +r v. 'kik i Filing 1, Lot 2 Filing Easements -. 1 Oft Contours .� J Proposed • - • #.. i 14 Lot 2/Planning Area B The amount of energy required to fill this property to construct a useable park space is substantial. As evidenced above, there is at least a 60' grade differential from the north to south edge of the property. While the overall location of this parcel appears to be acceptable from a two-dimensional perspective, with opportunity to be surrounded by residential or mixed-use development in the middle of the valley floor, the coordination and timing required to facilitate any type of community facility envisioned is 'to be determined' and at the mercy of the Master Developer. 9. East Beaver Creek Boulevard Settlement Term Sheet: The Annexation Agreement, PUD Plan and PUD Guide will be amended to depict narrowed East Beaver Creek Boulevard and allow EBCB to be developed in phases as determined by June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 15 1 P a g e Developer provided that EBCB is improved as necessary to provide access to subdivided or developed property. Existing PUD: The existing final plat for Lot 1, Filing 1 shows an 80 -foot wide easement for East Beaver Creek Blvd. The final plat and PUD Guide do not state what the road cross-section will be for East Beaver Creek Blvd so it would default to the AMC. The AMC at that time would classify the road as an arterial, which requires an 80 -foot wide right-of-way that consists of a 44 -foot wide driving surface, 8 - foot shoulder and 10 -foot wide drainage swale. The AMC does not currently contain specific standards for streets; rather, it references the Comprehensive Transportation Plan. East Beaver Creek Blvd would require a 78 -foot wide ROW following the guidelines in the Comprehensive Transportation Plan. The AMC was set up that way in order to allow for flexibility in the designing of streets in a site-specific manner. Proposed PUD: The developer is requesting a different road layout then what was in the previous PUD Guide and what was contemplated when the Settlement term sheet was approved as shown in Exhibit F of the Amended PUD Guide. The new layout proposes two east -west connections, one from Chapel Place to Yoder Avenue named Main Street, and the second from East Beaver Creek Blvd to Fawcett Road named East Beaver Creek Blvd. Main Street is proposed to have an 80 -foot wide ROW in the central segment, a 50 -foot wide ROW through the western and eastern segments. East Beaver Creek Blvd is proposed to be classified as a rural local road which will have a 50 -foot wide ROW consisting of a 22 -foot wide drive surface, two foot shoulders and the remaining area be used for drainage and snow storage. Staff has several technical corrections to the road cross sections including: on -street parallel parking is typically seven feet wide and can include the gutter, and lane widths of 11 feet are adequate but cannot include the gutter. One final technical note is that diagonal parking orientations and aisle dimensions should reference Table 7.28-01 in the AMC. 10. Drainage Master Plan Settlement Term Sheet: TOA will process and complete updates to Drainage Master Plan incorporating the assumption of the David Johnson Study. Proposed PUD: In Section J.6 of the PUD Guide it states that any application for development within the property shall incorporate the assumptions in the David Johnson Study. The David Johnson Study analyzed the vegetative cover on the slopes north of 1-70 and indicated that there is more vegetative cover than what was assumed in the Drainage Master Plan. An increase in the amount of vegetative cover dramatically decreases the amount of runoff generated from the slopes north of 1-70 so has significant consequences for several drainages. Staff agrees that the assumptions were overly conservative in the Drainage Master Plan and should be re -visited. Staff's primary concern at this point is it has not completed a full review of the Study, and it is rash to incorporate the study without proper review. 11. Administrative Subdivision Approval Settlement Term Sheet: PUD Guide will be amended to allow administrative subdivision approval (including amendments, re -plats and re -subdivision) for Lot 1, RMF -1 and Planning Area N South provided that Traer submits a sketch plan which depicts basic layout of lots and roads. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 16 1 P a g e Existing PUD: The Avon Municipal Code currently controls all land subdivisions for the Property. The Municipal Code has three types of subdivisions: Administrative, Minor and Major. Administrative subdivisions require Staff approval and are for condominium and townhome subdivisions of four or fewer units and do not require public improvements. Minor subdivisions require Town Council approval and are for subdivisions of more than 4 units and do not require public improvements. Major subdivisions require a PZC hearing and Town Council approval and are for land subdivisions of more than 4 units or those requiring public improvements. Proposed PUD: Section H- Subdivision proposes that Staff can review and approve subdivisions based on illustrative drawing depicting the proposed layouts and streets throughout the development. The AMC requires that construction drawings be submitted as part of the platting process to ensure that there is adequate right-of-way and easements for all infrastructure and to ensure the construction of public improvements that accompany subdivision. Staff does not believe that an illustrative drawing of a development is adequate to determine if public improvements can be accommodated and constructed to support the subdivision. The Application states that a Public Improvement Agreement is required with the Final Plat but that section of the AMC are listed as not applicable in Exhibit G. Also, it is not possible to develop the information that is required in Public Improvement Agreement, such as cost estimates and construction drawings, based on an illustrative drawing of the development. Also, the Application includes its own procedures and requirements for subdivision which are duplicative to the AMC. This will prevent any changes to the subdivision process without the consent of the Master Developer for the duration of the PUD Guide, and the property owner after expiration of the vesting period. This is different than in the AMC where the subdivision standards can change based on the Town's or other entities requirements with time. If Town Council wants to include these procedures in the PUD, it is recommended that they have a sunset date that coincides with the vesting period. The Application would require the dedication of right-of-way be done as part of an administrative subdivision process although staff believes current state law requires Town Council to formally accept all property, including right-of-way. The proposed PUD states that Staff must notify the applicant prior to rendering a decision to reject or deny a Final Plat. This statement is unnecessary since a decision has already been made on the application in order to notify the applicant of a decision. D. Amendments Not Included in Settlement 1) No Maximum Commercial The existing PUD caps Commercial Square Footage at 650,000 Square Feet. For reference approximately 387,000 square feet of commercial has been constructed to date in the PUD including Home Depot, Wal-Mart, and Traer Creek Plaza. Staff does not have any general concerns with eliminating an overall commercial cap for the entire property since market forces will dictate the ultimate quantity of commercial square footage. Staff has expressed serious concern with the allowable single -use retail tenant size increase from 60,000sf to 65,000sf maximum, and the added ability to exceed 65,000sf via the SRU process. Staff is June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 17 1 Page concerned with the increased maximum single retail business size. For example, one of the Town's primary retail sales tax generators — City Market, is an anchor in the East Town Center district and should be fully accounted for if it is relocated in the future. The PUD Guide does not address additional exactions or dedications to mitigate the additional impacts in the instance mentioned above, which could be similar in circumstance to the old Wal-Mart migration. Of primary concern is the ability to adequately address appropriate exactions or the matter of sales tax migration through the SRU process since those changes would require CARADA amendments and Town Council review. 2) Residential to Mix -Use and Retail The overall potential for more density and commercial density is increased in the middle of the development in the valley floor. The current Village Residential areas are what separate the Village Center with the Regional Commercial land uses. These areas currently contain park land and are primarily residential with no commercial use potential. The Application moves the current school site and expands the area of these Planning Areas and introduces a Mixed -Use concept to include retail and other land uses as that could impact neighboring residential development. While there appears to be the intent to allow less intensity between "Main Street" and the railroad tracks, there are still increases in height and an overall increased impact. 3) Development Standard Exemptions An extensive list of Municipal Code provisions that would not be applicable is included as Exhibit G to the PUD Guide. While the list is exhaustive, it appears to be incomplete and could be problematic since there are selectively chosen code sections which leave holes in other code subsections. For example, there are exceptions listed for certain design review related codes, but the processes are still in place. Design standards are exempted for obvious fact that the DRB retains a set of Design Review Guidelines; however, the Alternative Equivalent Compliance process (§7.16.120 — directly related to Design Standards) remains active. This particular comment was made during the initial completeness review of the application. Instead of addressing the concern with not exempting the AEC process in Exhibit G, the most recent PUD Guide attempts to utilize these provisions for any provision in Section 7.28 or 7.32 of the Development Code. This creates a confusing situation since there are a number of provisions in Section 7.28 and 7.32 that are not eligible for applying the AEC process. Other proposed exemptions include sections of the Natural Resource Protection section related to retaining walls, site access, and limiting development of any kind on areas greater than 40%. Outdoor Lighting Standards would be exempt, as would any provisions of the Sign Code. Staff's preference would be to not include Exhibit G, or for the applicant to provide a clear justification as to why each of these sections should be waived. The provisions in Exhibit G contain a number of objective, universally applicable standards. 4) Process changes: A) Future PUD Amendments June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 18 1 P a g e The PUD Guide proposes a host of eligible Administrative Amendments that, as drafted, obligates the Town staff to "process and approve" changes to road alignments, public improvements, lot lines, right-of-way locations, planning area boundary and size (up to 10%) modifications, and building envelopes. Section 1.3, Administrative Amendments, states that PUD Master Plan amendments shall be processed when "site planning and engineering" considerations are in relation to in -process or other applications. The vagueness of this statement may open opportunities for future disagreements with interpretation. Section 1.3(c) Procedure, contains similar processing stipulations to those found in the Subdivision process section. This section stipulates that the Director's intent to deny or reject a minor amendment request would be given to an applicant with written notice and "detailed accounting" of the reasons for such unfavorable decision. Staff does not agree with this process because appeals should not be an option midstream through any development review process. As stated, this available step in the process is unnecessary since a decision has already been made on the application. Staff has expressed continual concern with Section 1.4. Modifications Not Requiring Amendment. Please refer to Staff's initial review comments attached to the Report as Exhibit E. Modifications to building envelopes for Planning Area K should be subject to an amendment process that requires public review since this would be a zoning amendment with implications to neighboring properties or sensitive wildlife habitat. Again, the Wildlife Protection Plan must be considered and relied upon in these instances B) Road Layouts See Engineering Analysis below. C) SRU Process and Criteria Staff's preference is to keep the current SRU process being administered since this is not part of the Settlement, and there is no justification to make some of the modifications. The PUD Guide includes an extremely similar process with parallel submittal requirements. The review criteria are similar to those codified in §7.16.100, SRU, AMD and the existing PUD Guide; however, the following changes are proposed: o "Condition Precedent to Town Approval" is added to the review process to require a certificate of approval from Village DRB as submittal requirement. o Expansions permitted administratively so as not to go through public review process. A Minor Expansion is defined as not more than 25% enlargement. o Review criteria related to compatibility were modified. The following criteria were removed: appearance, architectural scale, site design. o Section 7.16.100, Special Review Use, AMC, is not applicable to the PUD Staff recommends utilization of the codified SRU process and submittal requirements, and removal of the 25% "minor expansion" clause since any changes to or expansions of SRU permits requires a public review process. The premise of the SRU process is to review unique or widely varying operating characteristic, or unusual site development features experienced with certain uses and/or buildings. The intent June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 19 1 P a O e of the SRU procedure is to encourage public review and evaluate potential adverse impacts on surrounding properties. Expansions or changes to SRU permits must receive public notification. As noted elsewhere in this report, the SRU process is inadequate to address Staff's concerns if reviewing proposed single -use tenants in excess of 65,OOOsf. D) No Temporary Use Review Section G was added to the PUD Guide to acknowledge that the Town has a process for Temporary Use review; however, the great majority of the uses that would be eligible for a temporary use permit have been added to the PUD Guide as allowed "Interim Uses" without any further staff or public review. There is no justification for these proposed changes and this was not included in the Settlement. E)Interim Uses The PUD Guide lists several temporary -type uses that have occurred on the Property (rodeo, car driving school, etc.) over time, and in order to avoid the Town Temporary Use process these uses are now listed as permitted by right way of a new land use category designation — "Interim Uses". This section should either be removed or justification provided for its inclusion as this was not contemplated in the Settlement and appears to avoid any future review of any sort other than DRB. Of particular concern is the allowance for rock and gravel crushing operations in portions of the development in the valley floor. F) No Sign Permits Exhibit G of the Amended PUD Guide proposes to exempt the property from the Town Sign code and permit authority. Staff has requested an explanation for these changes. G) Building Envelope Modifications Section 10. Modifications to Building Envelopes, contains new provisions that permit the DRB to approve amendments up to 20% for zoning standards without any amendment to the applicable Final Plat, PUD Guide, or PUD Master Plan. A public process is warranted when zoning standards are amended throughout the Town, and Staff objects to these new amendment provisions. A change by 20% to a zoning standard would require a Formal PUD Amendment Application and review procedure per the AMC. 5) Conceptual roads and planning area boundaries Section 4. (f) of the PUD Guide includes statements pertaining to Planning Areas and Boundaries, Road Alignments, and Lot Lines being non -regulatory. This new section states that the road alignments and planning area boundaries are "non-binding" and provided only for illustrative purposes. While the general circulation patterns appear to be functional, this particular section renders the road layouts conceptual. The PUD Master Plan indicates road access to Planning Area I per the Settlement, and a requirement was added to the Development Agreement requiring that if/when the Town acquires the USFS parcel, the Town shall execute a "Relocatable Roadway easement Agreement" to the Developer within three (3) business days after holding title for the "conceptual" alignment shown. This timing unrealistic in the event this turns into a business point and the premise conflicts with the speculative nature of the PUD Master Plan map and roads. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 20 1 P a g e 6) Expansion of DRB Powers The Application shifts some of the current responsibilities of the Town Council and/or Staff that often require public review and zoning applications. Without any amendment review, the DRB would have the unilateral authority to approve up to 20% exceptions to setback, height, site coverage, or lot area requirements. These types of amendments warrant a public review and decision. 7) "Monumentation" Signs on 1-70 The Application proposes to allow "Off-site monumentation related to the Village (at Avon)" signs between Buffalo Ridge and 1-70 ROW within Tract B of Filing 2, in the RMF -2 Planning Area. This type of sign may be considered "off-site advertising" per the Town of Avon Sign Code. This topic does not appear to be necessary to implement the Settlement Term Sheet. A note and placeholder was added to the PUD Guide Section J.9, Supplemental Regulations, indicating that design standards would be provided to Staff. The Town has not received any standards to determine the exact nature of these improvements that would be visible to travelers on Interstate 70. This amendment is unrelated to Settlement and there is no compelling reason to allow such improvements. 8) No Purpose Statements All Purpose Statements were removed for the Planning Areas, except for Planning Area E - School Site. Removing the Purpose Statements was not contemplated with the Settlement, and no rationale was provided in response to removing these. 9) Master Developer The concept of assigning a Master Developer to act on behalf of all developer affiliates was introduced in the Application and appears throughout both the Amended PUD Guide and the CARADA. The obligations and powers of the Master Developer vary. In some cases Master Developer approval (i.e. Design Guidelines amendments) is required and not in others. Some decisions can only be made at the sole discretion of the Master Developer, while others require DRB review or Developer Affiliates oversight. The responsibility differs and could be a concern in cases such as Water Rights Tracking, which does not necessarily involve property owner consent. 10) Water Rights Tracking Sections were added to the PUD Guide as a result of the administrative subdivision provisions. A section (C.3. Water Rights Master List) was added to the PUD Guide stating that the Developer and Town will coordinate a Water Rights Master List (Section C2) to track and rectify the then -current water allocation at Final Plat or building permit submittal. If this approach were approved it would make the water tracking method essentially "to be determined." If the Superblock concept is approved, future subdivisions (i.e. Planning Area K), would track water at building permit submittal. Staff's preference would be to have the Water Authority track water at building permit since the Town has a process in which a copy of all building permit plans are copied to the Authority. Once a subdivision plat is submitted the SFE count could be included on each subsequent plat for further tracking. 11) Conflict Interpretations New language has been added to Section A.4. General Provisions to lessen any possible effect Town regulations may impose on the PUD. In providing an interpretation for conflicting regulations, the Town June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 211 P a g e shall give the "broadest reasonable effect to the Development Standards and the Development Plan, and that gives the narrowest reasonable effect to any provision of the Municipal Code and/or Development Code which explicitly or implicitly could be construed to conflict with or limit the development rights established by the Development Standards and the Development Plan." This language was not contemplated by the Settlement and appears to diminish the Town's ability to apply general regulations in a uniform and non-discriminatory manner. 12) Definitions & Commercial Uses The definition section of the Amended PUD Guide (Exhibit 1) was amended in its entirety. Staff provided initial review comments in an attempt to streamline the review of the document and remove redundancies. The only definitions that should be contained in the PUD Guide are those germane to the PUD that are not addressed in the AMC. An exhaustive list of Commercial uses was also added to the definitions section in an attempt to capture any and all potential land -uses within the commercial or mixed-use planning areas; this is a new approach further limits any purview of the Director to determine similar uses and would limit all non - listed uses from being considered. Staff's preference would be to narrow this list and maintain discretionary approval of Commercial Uses. For example, commonly known and accepted commercial uses such "barber and beauty shop", "department store", "hardware store", and "laundry mat" are universally accepted in the planning field as Commercial and could be eliminated. There is no need to include "Medical Marijuana Businesses" in the Commercial this list as they are not permitted anywhere in the Town of Avon boundaries. 13) Wildlife Mitigation Plan The proposed PUD does not propose any changes to the Wildlife Mitigation Plan. Some of the wildlife regulations are consistent with other district wide regulations such as seasonal habitat restrictions, trash removal and bear proof cans, pet control, and fencing. The Wildlife Mitigation Plan informed the original PUD designers as to the appropriate lot layout and corresponding building envelope depictions shown on the current (and 1998) PUD Master Plan map. While the "conceptual" lot layout for Planning Area K is generally the same, there are more primary/secondary lots being proposed, and some are located in identified critical animal habitat. Staff shares the concerns raised in the Colorado Parks and Wildlife agency referral comment letter dated May 29, 2012. Given the current changes to areas north of Interstate 70 and the opportunity to now address wildlife entering the roadway, the Wildlife Mitigation Plan needs to have significant updates to address these habitat issues. Please find the Colorado Parks and Wildlife agency referral comment letter in Exhibit B. 14) Parking Regulations These requirements (Exhibit C to PUD Guide) have been modified with the addition of Section B, Shared Facilities. It clarifies that shared parking facilities are acceptable on or off site, and that public parking must remain open to the general public. This section states that loading, access drive, mobility and connectivity will be in conformance with Exhibit C, in addition to the general parking regulations. These standards are referenced but not included in the Parking Requirements section. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 22 1 Page E. Planning Analysis Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall consider a number of review criteria when evaluating this application. The applicant provided responses to the review criteria in Tab F of the application Binder (Exhibit A). The following criteria must be considered when forming the basis of a recommendation or decision on a PUD plan: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. PUD zoning by nature of its composition inherently affords opportunities to provide creative site design and planning. Flexibility and improved quality of development is the basis for PUD zoning; however, the Application does provide convincing evidence of improved quality over the existing PUD or other available zone districts for that matter. There is concern with the lack of certainty with where open space will be provided and whether or not environmental protection is achieved when some of the AMC provisions enacted to protect these very resources would be relinquished with the Application. The PZC must determine whether the Application confers a substantial benefit to the Town and/or incorporates creative site design to achieve the some of the purposes of the Development code cited above. In some cases Staff is concerned with potential compatibility issues and in other cases the possibility of increased adverse environmental impacts. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Community Development Department recognizes the need to plan for the protection of the public's health, safety and welfare. When evaluating this application it became apparent that the list of amendments must be reviewed both individually and collectively in order to realize the "big picture" of the changes. In order to understand the long-range consequences and potential impacts on public health and welfare Staff suggests that several amendments will have a negative overall impact to the Town's general welfare. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 23 1 Page Public welfare is broad and inclusive and is often most accurately reflected in the goals and policies contained in the Town's Comprehensive Plan. Comprehensive planning is the legal basis for zoning and the zoning must reflect the goals and policies contained in therein. In many instances the Application circumvents the public involvement and review process that forms the basis for a great number of land use decisions. In particular several review processes, or lack thereof, deal directly with issues that impact adjacent properties. For example, special review uses, interim uses, temporary uses, zoning amendments, and development standard exceptions would be exempt if this application were approved as submitted. Public involvement and the continuous review of the guiding land use and planning documents is essential to a healthy community. By exempting development regulations that deal with aesthetic qualities of the built environment such as retaining walls, landscaping, and lighting, the results are placed firmly in the hands of the Design Review Board, without further Town or public review. Staff has expressed continual concern with the narrowed public overview. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: Pursuant to the PUD Approval documents, the property is subject to review of the 1996 Comprehensive Plan. One of the fundamental reasons for implementing the comprehensive plan is to clearly communicate where and how land uses may occur and to promote and protect the health, safety, and welfare of the residents and visitors of the Town by using goals and policies that result from a community review process. Following is a list of Goals and Policies from the 1996 Comprehensive Plan to consider when reviewing in light of this amendment request: Goal Al. Ensure a balanced system of land uses that maintains and enhances Avon's identity as a residential community, and as a regional commercial, tourism and entertainment center. Staff Response: The amendments appear to continue a mixed use theme with a large residential component and mixed-use opportunities. Regional commercial uses are maintained and Planning Area J refocuses some of the regional commercial activities to the Interstate 70 interchange area, which appears to be an appropriate location for these types of auto -oriented activities. There is a general shift from residential to mixed-use in some areas. Policy A1.3. Flexible zoning such as Planned Unit Developments (P.U.D.) should be encouraged where it results in more effective use of the land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. Staff Response: The Application would afford the utmost level of flexibility for the property. As noted, the premise of PUD zoning is to permit creative land development with organic development patterns. Planning Staff has consistently expressed concern with the extensive list of exceptions to various Municipal Code provisions listed in Exhibit G to the PUD Guide. A number of the listed variations do not appear to be necessary to achieve "effective" development, and result in little or no assurance that the 1996 Comprehensive Plan will be June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 24 1 P a g e reflected in the final product. Some of the changes will clearly impact surrounding development as it builds out and adjacent to the PUD. Policy A1.4. Service and light industrial uses, including warehousing and light manufacturing, should be directed to terrain that supports effective vehicular access and circulation, and allows effective screening from adjacent uses and public ways. Staff Response: Light industrial land uses are limited to Special Review Use review and would be evaluated on a case-by-case basis. Policy A1.6. Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. Staff Response: The current PUD includes areas of open space, albeit largely within private lots. The Application results in open space areas that not defined like the existing PUD for the north hillside area. Staff is concerned that environmentally sensitive areas, particularly within Planning Area K, could be compromised because the application proposes to exempt select subsections of §7.28.100, Natural Resource Protection, AMC. The application proposes to exempt development regulations that deal with development on slopes greater than 40%, limits to changes in grade, retaining walls, and street access requirements. Policy A1.7. The community should include sufficient land for public uses such as schools, community facilities, and government services. Staff Response: Even though there is no immediate need for the proposed community facility or school sites, this policy must be taken into account when reviewing this application. In most every instance school and other community facilities should be located carefully and be combined whenever possible. In addition to the size and locational considerations, the physical constraints of the sites must be understood. Planning Area B in its current form is isolated, with no relationship to potential future adjacent land uses. In its current form, the land is largely undevelopable without substantial effort between the Town and the developer to place controlled fill in the site to achieve the desired public benefit of park and pond. The CARADA includes the additional stipulation details for providing potential augmentation pond of up to .6 acres in size. Goal A3. Maintain a compact urban form that respects and preserves the natural beauty of the valley, river and surrounding mountains, and maintains distinct physical and visual separations between Avon and surrounding communities. Staff Response: The changes in areas of open space may negatively impact this Goal if lower portions of Planning Area K are disturbed and/or developed. Staff has few concerns with development in the valley floor portion of the PUD as this is the most developable and readily available area for contiguous development patterns. The western boundary of the PUD appears to match up well with the established and planned "East Avon" circulation and physical development patterns. Policy A3.1. Development should first be directed to areas within and adjacent to established neighborhoods and developed areas. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 25 1 P a g e Staff Response: There is no phasing plan to ensure that this policy will be adhered to. Policy A3.6. Encourage mixed-use development throughout the community, where compatible with existing neighborhoods, to more efficiently use land. Staff Response: The general idea of mixed-use development appears to be carried forward with this PUD. Policy A3.7. Steep slopes in and around the community should be designated and preserved as open space wherever possible. Staff Response: The list of code exclusions largely preclude the requirements in place to measure against this policy. The stated purpose of the natural resource protection standards in the AMC is to "protect the public by preventing or regulating development in locations with steep slopes." This application directly conflicts with this Comprehensive Plan policy. Policy 81.1. Residential neighborhoods should be maintained to a high standard of quality through effective maintenance of streets, utilities, parks and other public facilities, and through consistent application of design standards. Staff Response: The Settlement stipulates that the Town will accept responsibility for performance of the Village at Avon Metro District's existing maintenance obligations. These obligations include maintenance of existing right-of-way landscaping, repaving, Nottingham Dam, irrigation systems, and snow removal. This policy is addressed through the ARADA and is currently being modeled to ensure that the Town will be able to provide the high standard of quality consistent with other areas of Town. Goal 84. Create a strong sense of community based on awareness and participation by residents and businesses in achieving Avon's vision for the future. Staff Response: The procedural amendments that do not involve community input are a concern, and the community would benefit if future amendments to the PUD contained a public process as currently exists. Concern has been raised by Planning Staff and the concern still remains that certain review procedures would not require public review (i.e. 20% changes to zoning requirements, "minor" amendments, etc). Goal C2. Provide for affordable housing for permanent and seasonal residents that is attractive, safe and integrated with the community. Staff Response: The project has potential for diverse, quality housing. The zoning standards and design guidelines should further address how this will be achieved. Policy C2.2. Wherever possible, affordable housing will be integrated with, rather than be separate from, the rest of the community. Staff Response: The bulk of the proposed 500 affordable housing units are already constructed in RMF -2 with 244 units in the Buffalo Ridge project. This existing arrangement is by no means integrated into the community, and could benefit from maintaining a pedestrian bridge concept over Interstate 70 at a minimum. The bridge concept was removed from the PUD Master Plan map, and no justification was provided for this change. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 26 1 P a g e (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: As proposed, the PUD appears to provide or accommodate the Town's ability to serve the property, all the while maintaining adequate levels of service. As mentioned elsewhere in this report, the Town will assume several service and maintenance responsibilities with this amendment in addition to those already provided (i.e. police, permitting). The property is served by utilities and water service and the Water Tank is being handled separately from the Application. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: The property was annexed and zoned PUD without any underlying zone district(s). Throughout this report Staff has compared the Application with the existing PUD to address this criterion. In many cases the resulting changes are difficult to weight given the remaining undeveloped acreage of the property. There is clear potential for adverse impacts to the natural environment such as steep slope development and wildlife. The utmost concern is limited oversight by the Town or public to ensure that any such impacts would be substantially mitigated. As a result, the DRB and Master Developer retain the majority of the review control. It is recognized that a PUD zoning inherently allows flexibility with development patterns, however, a lack of oversight for a PUD of this size and potential scale of development owes future reviews to ensure compliance with environmental regulations. The potential impacts with increased density and development flexibility being afforded to large areas such as Planning Area K are unclear. Staff takes the referral comments from the Colorado Parks and Wildlife Department seriously. As submitted, the PUD conflicts with the Wildlife Mitigation plan and significant updates to the Wildlife Protection Plan are warranted in order to address wildlife corridors, and also the threat of wildlife entering the Interstate corridor. One of the primary changes to the PUD Master Plan is in the middle of the valley floor between the Village Center and Regional Commercial areas (according to existing PUD). There is a general shift from residential to mixed-use with increased density opportunities and increased scale of development. Planning areas D, E, and F are currently "Village Residential" areas surrounded by parks. These areas are increased in acreage (-10 acres) and now being referred to as Planning Areas C and D "Village Residential Mixed Use" with increased height and development potential. Please see the attached (Exhibit D) Planning Area comparison chart for a side-by-side comparison. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: As mentioned throughout, there are general concerns with the lack of public involvement with review opportunities moving forward. One instance where a public hearing is still required with the PZC is for SRU permits; however, the scope of PZC review is diminished greatly. The proposed modifications to the review criteria and trigger points for changes to already operating permits seem to create more chances for potential impacts on properties to go unchecked. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 27 1 Page In order to understand some of the precise known impacts to other properties in the vicinity, Staff created the Planning Area Comparison Chart (Exhibit D). This chart demonstrates that some areas may experience increased intensity of use. An extreme example would be the allowance for Rock and Gravel Crushing operations as an allowed interim use. Other examples include increased height and allowing all of the listed commercial land uses in areas that previously were limited to residential. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: As proposed, the Application raises questions of compatibility. There are many examples of standards, lack of standards, or changes in the allowable uses/standards of properties that raise compatibility questions. In some cases there will no longer be the ability to review changes in zoning standards, even when they directly impact other properties in the vicinity. Furthermore, the PUD amendment procedures in Section I of the Amended PUD Guide and the some of the supplemental regulations in Section J of the PUD Guide raise compatibility concerns. Of particular concern is the ability to amend planning area boundaries, road alignments, and "building envelopes" —which include setbacks, height, and site coverage. The DRB could grant exceptions up to 20% for each of these building envelope requirements. The unilateral authority of the DRB to approve such modifications conflicts with this review criterion. F. Engineering Analysis The primary goal of engineering improvement standards is to ensure that there is adequate infrastructure to serve the development, the safety and welfare of the users of the development is assured, and the impact to the environment and community is mitigated. The PUD proposes an entirely different set of procedures and exempts itself from the majority of the development, engineering and natural resource standards in the AMC. Also, it removes the Planning & Zoning Commission and Town Council from subdivision approval process. If the applicant had a detailed development plan, then the subdivision process would involve implementing the plan and would not be a large concern. Since there is not a detailed development plan, the Planning & Zoning Commission and Town Council would be removed from the majority of the decisions regarding the development of the project. This is a change in direction in how projects have been approved throughout Avon. Projects go through a preliminary subdivision process that is frequently in conjunction with an accompanying zoning application. After approval of the preliminary subdivision and zoning application, the final construction and development plans are prepared by the applicant that Staff reviews and are used to create the Final Plat and Public Improvement Agreement. The applicant is requesting to skip the preliminary subdivision process and only have to prepare illustrative drawings to create the Final Plat and Public Improvement agreements which would then be approved by Town Council. Also, there is a conflict in the PUD Guide, Section H.2.(a)(ii) states that only an illustrative drawing is required for final plat approve, but Section H.2.(c) states that 11 items are required including application and fee, legal description, title commitment, survey plat, SFE water allocation, utility approval and verification, final plat, public improvement agreement, transportation impact study, drainage study and street plans and profiles. Conflicts in the PUD guide will create different viewpoints on what is required in an application and further acrimonious and potentially litigious interpretations. Also, the 11 items that are proposed to be required for a development application are not complete. It is not possible to June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 28 1 P a rj e definitely list out all of the specific plans for a project without knowing the complete scope of the project which is not known. Additional requirements may be required for items that are not included in this list because they are not known or defined at this time. Other items that may be required include utility plans and profiles, vertical and horizontal control plan, striping plan, lighting and electrical plans, landscaping plans, irrigation plans, storm water management plans, right-of-way plans, demolition plans, grading plans, retaining wall plan and profiles, erosion control plans, cross-sections, trail plans and profile, bridge plans, construction details, geotechnical study that includes subgrade and pavement design report, traffic control plans, sight distance exhibits, phasing plan and construction plans for any other improvement required for the subdivision. Hillside Development The settlement term sheet states the maximum density will be set at the number of units allowed on a cul-de-sac as described in the current PUD, which is 280 Dwelling Units, and no commercial. Also, the term sheet stated that specific development standards will be proposed for the hillside area that will supersede the AMC. The proposed PUD includes up to 560 residential units, and some commercial uses such as a clubhouse, restaurant, recreational facility and other similar facilities and amenities. This is a substantial increase to the allowed density in Planning area K, and the associated risk of residents being cut-off from emergency services during an emergency. The PUD Guide also states that this density can be increased if a secondary access is constructed. Language in the PUD Guide should be included that clarifies that the secondary access must be opened year around and will connect with another Town or County road. A Forest Service Road lacking year-round maintenance will not be adequate. The PUD Guide and Map state that the hillside lots and building envelopes are conceptual and non- binding and provided only for illustrative purposes. No specific standards are proposed for the placement of building envelopes and the PUD Guide specifically exempts the building envelope and steep slope standards in the AMC. Exhibit D, the Wildlife Mitigation Plan states that the building envelopes shown on the PUD Development Plan were chosen to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. The language in the PUD Guide contradicts language in the Wildlife Mitigation Plan and makes the Wildlife Mitigation unenforceable. Road Layout The settlement term sheet states that the development agreements shall be amended to depict a phased construction of East Beaver Creek Blvd. The road layout for Lot 1, Filing No. 1 shown on the PUD Master Plan is modified from the previous PUD. The new proposed layout represents an improvement over the existing layout. As a result, the road names are changed and the primary east -west road is now called Main Street instead East Beaver Creek Blvd. East Beaver Creek Blvd is the northern east -west road and connects to Fawcett Road. The phasing of the construction of the Lot 1 infrastructure can be accommodated without sacrificing safety and infrastructure if adequate preliminary engineering is done for Lot 1. Preliminary engineering would include final road layouts, interim road layout, utility plans, preliminary drainage plans and other associated information. The preliminary engineering should be completed as part of the first development plan for Lot 1. Road Cross Sections (PUD Guide - Exhibit F) This section replaces Section 1.5. Design Improvement Standards in the existing PUD Guide. The existing PUD guide broke the road standards into two categories: roads north of 1-70 not maintained by the Town and roads south of 1-70 and all roads maintained by the Town. The June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 29 1 Page proposed PUD attempts to create specific standards for most of the roads within the development so it is difficult to directly compare the two PUD versions. The only changes to the road standards included in the term sheet were to draft a road standard that will provide access to Planning Area I from Planning Area J through the USFS land exchange parcel and to develop a narrowed East Beaver Creek Blvd. The following comments are based on the proposed road standards: 1. The travel lane cannot include the curb and gutter but the on -street parking spaces can 2. There needs to be a sidewalk on both sides of the road in urban areas 3. There needs to be at least 8 feet on each side of the rural road to accommodate a roadside ditch and snow storage 4. There needs to be a one foot gravel shoulder on both sides of the asphalt multi -use trail 5. The center turn lane on the rural collector road should be listed as optional and would probably only be used at intersections. A note can be added that states the turn lane is only if required. 6. East Beaver Creek Boulevard must be designed to at least the Urban Local Road standard including sidewalks on both sides of the road. 7. Swift Gulch Road east of Post Blvd. must be constructed with a detached, 8 -foot minimum wide multi -use trail as stated in the settlement term sheet. 8. Road D will need to provide for pedestrian facilities 9. Roads to and within Planning Area I will require a detached, 8 -foot wide minimum multi- use trail. The interior road design will change based on the eventual land use. 10. Roads in RMF -1 should have pedestrian facilities based on the proposed density. 11. Staff recommends either a bicycle climbing lane or detached multi -use trail for the primary road in Planning Area K up to RMF -1 in order to safely accommodate bicyclists. 12. Spur Road F is proposed to be 12% grade, which will not permit adequate access for emergency response vehicles. 10% is the maximum grade for emergency vehicles and should only be used for short, straight lengths. 13. The resolution of the graphics need to be improved in the public version of the document Subdivision The Settlement contemplated the dedication of Planning Areas B, zoned for Community Facilities, and Planning Area E, the first phase of the school site dedication. In order to dedicate these two parcels, a Final Plat (Exhibit F) subdividing Lot 1, Filing 1 and creating these two lots is required. Therefore, the purpose of this subdivision is to create two new lots, Lots 2 and Lots 3, which will facilitate the dedication of the Community Facility site and school site to the Town respectively. This narrative will refer to the new parcels as Lots 2 and 3 since that is how they are shown on the attached Final Plat, but they will have to be renamed Lots 7 and 8 before the Final Plat can be executed. Process Minor subdivisions include all subdivisions which create less than four separate parcels and do not require public improvements. These applications require approval by Town Council and are included as part of this application because it is occurring concurrently with the PUD amendment. Section §7.16.060(e), Procedures for Preliminary PUD, AMC, requires the submittal and concurrent review of a subdivision application when it will be necessary to implement a PUD. June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 30 1 P a g e Discussion There is not a preliminary plan for Lots 2 and 3 and Lot 2 is not served by any public utilities and no public utilities are proposed to be constructed as part of the development application. Town Council was aware that these two criteria could not be met while negotiating the settlement term sheet so they do not apply as a result. Staff has provided the applicant with a number of technical comments that must be addressed prior to scheduling this for review and approval by the Town Council. Again, the Plat is included for your information and will be reviewed and approved solely by the Town Council at a later date. G. Findings 1. The application fails to succeed in demonstrating compliance with the stated purposes of the Development Code, particularly with respect to sensitivity with open space provisions and access or environmental protection; 2. The integrity and heritage of the natural and built environment would be compromised by exempting the PUD from several development and natural resource protection regulations; 3. A number of the proposed amendments are not necessary to implement the Settlement Term Sheet; and the long range consequences are uncertain given the narrow scope of Town and/or public review of amendments and land use decisions in the future; and 4. The PUD Amendment does not provide assurance that the public health, safety, and general welfare will be maintained. Recommendation Staff recommends denial of the application as submitted based on conflicts with the mandatory review criteria and the findings and analysis herein. Exhibits A -Application Binder, dated May 30, 2012 & Memorandum from Kim Martin dated June 1, 2012 B-Public/Agency Written Comments -Colorado Parks & Wildlife, dated May 29, 2012 -Eagle County School District, dated May 29, 2012 -Ted White, email dated May 31, 2012 C -Draft Resolution 12-04 D -Planning Area Comparison Charts E -Initial Updated Staff Comments -Matt Pielsticker, May 17, 2012 -Justin Hildreth, May 21, 2012 F -Subdivision Plat, dated February 15, 2012 G -PUD Development Plan, Formal Amendment No. 1 (Current PUD Plan) June 5, 2012 Planning and Zoning Commission Meeting— PUBLIC HEARING Village at Avon Preliminary PUD 311 P a g e Tnrlov A. LAND DEVELOPMENT APPLICATION B. AUTHORIZED REPRESENTATIVE FORM C. PROPERTY OWNERS DISCLOSURE D. CERTIFICATION OF TITLE REPORT E. CONCURRENT SUBDIVISION APPLICATION (INCLUDED UNDER SEPARATE ATTACHMENT) F. PROJECT NARRATIVE G. WRITTEN STATEMENT H. PUD GUIDE I. PUD MASTERPLAN (INCLUDED UNDER SEPARATE ATTACHMENT) 1 -PUD index 3/22/2012 Avon Community Development Department One Lake Street P08 975 Avon, Colorado 81620 website: www.avon.org LAND DEVELOPMENT APPLICATION r u Comprehensive Plan Amendment ❑ Administrative PUD Amendment u Appeal ❑ Code Text Amendment AT Preliminary PUD o Special Review Use ❑ Rezoning „ Final PUD o Variance C3 Administrative Subdivision c Annexation u Alt. Equivalent Compliance ❑ Minor Subdivision c Minor Development Plan o Right -of -Way Vacation ❑ Major Subdivision — Prelim Plan r Major Development Plan ❑ Vested Property Right ❑ Major Subdivision — Final Plat c Major Development Plan (TC) n Sign D sign n Location, Character, & Extent r, Minor Amendment ❑ 1041 The Village (at Avon) Street Address: The Village (at Avon) Legal Description: Parcel Number(s): (see attached) Name: Harvev Robertson Mailing address: P O Box 7630 City: Avon State: Colorado ZIP Code: 81620 800-587-7058 harvcy@rrntarciiitects.com hy@ 970-949-1017 Phone: Email Fax: Name: Tract Creek LLC, Marcus Lindholm, Manager Mailing address: P O Box 9429 City: Avon State: Colorado Zip Code: 81620 Phone: 970-748-499-9 Email: marcuslindholm@traurcreek.com Fax by Marcus Lindholm, manager 3-22-2012 Traer Creek LLC Date: FEY0 D APPLICATION # DATE RECEIVED CASE MGR Have you included the following? 1. Pre -application conference summary 2. Signed Fee Agreement 3. Dimensional Requirements Form 4. Submittal Requirements AUTHORIZED REPRESENTATIVE I/We permit Harvey Robertson (Authorized Representative name) to act as my/our representative in any manner regarding this application, to answer questions and to represent me/us at any meeting and public hearing(s) which may be held on this application. I/WE understand that the Town will send all correspondence to the authorized representative. It will be the representative's responsibility to keep the owner(s) adequately informed as to the status of the application. Marcus Lindholm, Traer Creek LLC Manager Property Owner Name (printed ) P O Box 9429, Avon, Colorado, 81620 Address 970-748-4995 Phone Numbers, Signature by: Traer Creek entities, by Traer Creek LLC, their Manager by Marcus Lindholm, Traer Creek LLC Manager VONT Disclosure of Property Ownership If owner is an individual; indicate name exactly as it appears on the deed. X If owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate page. Please include the articles of organization, partnership agreement, etc., as applicable. If owner is a land trust, name beneficiaries on a separate page. If applicant is a lessee, indicate the owners) on a separate page. If applicant is a contract purchaser, attach a copy of the contract, and indicate the owners) on a separate page. Please provide the neme(s), mailing address(es), street address(es), and phone number(s) for all owners. Property Ownership Affidavit I/We, EMD Limited Liability Company, Michael Lindholm, manager , hereby certify and affirm that I am (we are) the owner(s) of the property described as Parcel No. 2103-093-00-002 , and which is the subject of the application for Preliminary PUD . I (we) acknowledge that until paid, ALL LAND USE APPLICATION FEES, INCLUDING FEES FOR PROFESSIONAL REVIEW SERVICES, SHALL BECOME AND REMAIN A FIRST AND PERPETUAL LIEN ON OR AGAINST THE SUBJECT PREMISES. Executed this 22 day of Match 2012, (To be signed by all record owners). Signature/Title Manager Mailing Address: P O Box 9429, Avon, Colorado, 81620 Phone Number: 970-949-6776 PVRT NOTT I LLC, PVRT NOT II LLC, and PVRT NOTT III LLC has merged into EMD Limited Liabilty Company. ARTICLES OF ORGANIZATION OF EMD LIMITED LIABILITY COMPANY The undersigned, being a natural person of eighteen years of age or more and desiring to form a limited liability company under the laws of the State of Colorado, does hereby sign and deliver in duplicate to the Secretary of State of Colorado these Articles of Organization. ARTICLE I FORMATION The undersigned organizer certifies that there are at least two members desiring to form a limited liability company. NAME The name of the limited liability company shall be: EMD Limited Liability Company (the "Company") ARTICLE II DURATION The period of duration of the Company shall be 30 years. REGISTERED OFFICE AND AGENT The address of the initial registered office of the Company is 0020 Eagle Road, P.O. Box 666, Vail, CO 81658. The name of its initial registered agent at such address is Colorado Registrationillther the registered office or the registered agent may be changed in the manner provided by law. ARTICLE III INITIAL MANAGERS The initial managers of the company shall consist of one manager. All documents executed on behalf of the Company need only be signed by one of the managers. All third parties may rely on documents executed by one of the managers as binding the Company. The name and address of the person who shall serve as manager until the first annual meeting of members or until his successor is elected and shall qualify is as C l� F? j iii follows: Name Address William J. Post P.O. Box 3149 Vail, CO 81658 ARTICLE IV CONTINUATION Upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or the occurrence of any other event which terminates the continued membership of a member of the Company, the remaining members may unanimously agree to continue the business of the Company provided there are at least two remaining members. ARTICLE V ORGANIZER 81658. The name and address of the organizer is William J. Post, P.O. Box 3149, Vail, CO IN WITNESS WHEREOF, the above-named organizer signed these Articles of Organization, this 20th day of August, 1992. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, EMD LIMITED LIABILITY COMPANY is a Limited Liability Company formed or registered on 08/21/1992 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19921082774. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/20/2012 that have been posted, and by documents delivered to this office electronically through 03/22/2012 @ 08:51:47. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 03/22/2012 @ 08:51:47 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8200441. ******************************************End of Secretary of State of the State of Colorado Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, http://www.sos.state.co.us/bizICei-tifcateSearchCt-iteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merelyoptional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/click Business Center and select "Frequently Asked Questions. " CERT GS D Revised 08/20/2008 ��_1=0:=3 Disclosure of Property Ownership If owner Is an individual: ;ndicate name exactly as it appears on the deed_ X If owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate page. Please Inciude the an c es of organization. partnership agreement, eta. as applicable. If owner is a land trust name beneficiaries on a separate page. If applicant is a lessee. indicate the owner(sJ on a separate page. If applicants a contract purchaser_ attach a copy of the contract. and indicate the mrnehs) on a separate page_ Please provide the name(s). mailing addressles). street addrei and phone r iber(s) fa all owners. Property Ownership Affidavit IA/i Marcus Lindholm, manager, Traer Creek LLC hereby certify and affirm that I am (we are) the owners) of the property described as (see below) . and which is the subject of the application for Preliminary PUD , I (we) acknowledge that until paid. ALL LAND USE APPLICATION FEES. INCLUDING FEES FOR PROFESSIONAL REVIEW SERVICES.. SHALL BECOME AND REMAIN A FIRST AND PERPETUAL LIEN ON OR AGAINST THE SUBJECT PREMISES. Executed this 22 day of March 2012. (To be signed by all record owners)- Signature/Title e — Marcus Lindholm, manager, Traer Creek LLC Mailing Address: ox 9429, Avon, o, 81620 Phone Number: 970-748-4995 Traer Creek LLC is the manager and sole member of: Traer Creek -RP LLC, Traer Creek -L2 LLC (name change to Traer Creek Plaza LLC), Traer Creek -WMT LLC, and Traer Creek RD LLC, and is considered Owner of the following properties: Parcel Numbers 2103-073-09-002, 2103 -073 -09 -002,2103 -074-09-004,2103-07409-009,2103-072-02-004,2103-074-10-001, 2103 -074 -10 -006,2103 -074-01-001,2103-074-10-007,2103-171-00-002,2103-093-00-002, 2103-081-00-008,2103-082-00-011 ARTICLES OF ORGANIZATION .... r'nm OF a�rncAnncecueraxrDr�tATx TRAER CREEK LLC The undersigned, being a natural person of eighteen years of age or more and desiring to form a limited liability company under the laws of the State of Colorado, does hereby sign and deliver in duplicate to the Secretary of State of Colorado these Articles of Organization. ARTICLE I NAME i The name of the limited liability company shall be "Traer Creek LLC' (the "Company"). ARTICLE II REGISTERED OFFICE AND AGENT The address of the initial registered office of the Company is 880 Homestead Drive — G25, P.O. Box 666, Vail, Colorado 81658. The name of its initial registered agent at such address is Colorado Registration, Inc. Either the registered office or the registered agent may be changed in the manner provided by law. ARTICLE 111 INITIAL MANAGERS Management of the Company shall be vested in managers. The initial managers of the Company shall consist of one manager. All documents executed on behalf of the Company need only be signed by one of the managers. All third parties may rely on documents executed by one of the managers as binding the Company. The name and address of the person who shall serve as manager until the first annual meeting of members or until his successor is elected and shall qualify is as follows: Name Address Magnus Lindholm P.O. Box 640 Vail, Colorado 81658 20001097695 R $ 50.00 1 SECRETARY OF STA1'e 05-15-2000 t4:24:t7 C OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, TRAER CREEK LLC is a Limited Liability Company formed or registered on 05/15/2000 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20001097695. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/18/2011 that have been posted, and by documents delivered to this office electronically through 03/23/2011 @ 17:18:42. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 03/23/2011 @ 17:18:42 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7900133. Secretary of State of the State of Colorado ..xa:xr:+...wr:>tm+ms:rray...am»Cnd of Certificate****x+erxx•+xr:a:»»rsm*+««.:rs.r.»r:*>&w+<..m Not 1 cerdficate issued elecandcallv f the C lr1 S Ian, o(State, Wei, site is fidli, and' 1' t( l'A andll five. However, as an option, the issuance and validity, of a certificate obtained electronically may be established by visiting the Certificate Ca frmation Page of the Secretary of State's Web site, hlin.'L4mv+vsassinle.co.uv/biz/Cer70cnte.Seo d+G'ilerindo entering the certificate's con n -oration number displayed an the certificate, and jo/loving the instructions displayed. CoAAmine the issuance of a certificate is mere/, ontiona/ and is not necessmv to the valid and e(fectwe iss ranee ol'a cert/' t . For more infornralion, visit on' Website, help.//iw+t•+w.sos.stale.co.us/click Business Center and select T, egnenily Asked Questions." CERT CS D Revised 08121112008 stewart titles View your transaction progress 24/7 via SureClose. Ask us about vour loLFin todav! Date: March 20, 2012 Order Number: 957821 Buyer: Seller: Traer Creek -RP LLC, a Colorado limited liability company Property , , Please direct all Closing inquiries to: 31ilW Traer Creek -RP LLC, a Colorado limited liability company LISTING BROKER: Traer Creek -RP LLC, a Colorado limited liability company SELLING BROKER: Phone: Phone: ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Esq rt title guaranty company 3' ?L�0.PORq�F.?t >ri+; 1908 o` Senior Chairman of the Board Chairman of the Board President Order Number: 957821 ALTA Commitment (6/17/06) Title Officer: Sandy Capell COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 5, 2012, at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: 957821 Title Officer: Sandy Capell Amount of Insurance: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: TRAER CREEK -RP LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Statement of Charges: These charges are due and payable before a Policy can be issued: SCHEDULE A LEGAL DESCRIPTION A parcel of land located in the West 1/2 of the Southwest 1/4 of the northwest 1/4 of Section 8, Township 5 South, Range 81 West of the 6th Principal Meridian, Town of Avon, Eagle County, Colorado being more particularly described as follows: Commencing at the West 1/4 Corner of Section 8 from which a U.S. G.L.O. 2 1/2" Brass Cap Witness Corner bears S00°12'54"E, 33.00 feet; thence along the West line of the Northwest 1/4 of Section 8 N00°10'53"W, 538.62 feet to the True point of Beginning: thence along the West line of the Northwest 1/4 of Section 8 N00°10'53"W, 392.27 feet; thence departing said line N89°49'07"E 457.19 feet: thence S21°19'56"W 151.09 feet: thence along the arc of a tangent curve to the left 114.06 feet, having a radius of 180.00 feet, a central angle of 36°18'27" and a chord which bears S03°10'42"W 112.16 feet: thence S 14°58'31 "E 123.15 feet: thence along the arc of a tangent curve to the right 21.04 feet, having a radius of 140.00 feet, a central angle of 08°36'33" and a chord which bears S10°40'15"E 21.02 feet: thence S89°49'07"W 430.47 feet to the True point of beginning. All bearings contained herein are based on the West line of the Northwest 1/4 of Section 8. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 957821 The following are the requirements to be complied with: Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NONE, THIS REPORT HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 957821 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water services or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded August 25, 1970 in Book 218 at Pam. reserving 1) Right of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 11. All coal and other minerals in the land so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provision and limitation of the Acts of December 29, 1916 (39. Stat.862) as reserved in the United State Patent recorded August 25, 1970 in Book 218 at Page 520. 12. Easements and Rights of way, as granted to Colorado Ute Electric Association, Inc recorded September 14, 1973 in Book 231 at Page 090 and as Reception No. 126957, recorded September 14, 1973 in Book 231 at Page 92 as Reception No. 126959, recorded September 26, 1974 in Book 236 at Page 657 as Reception No. 132638, recorded May 28, 1964 in Book 182 at Page 413 as Reception No. 99372, recorded May 28, 1964 in Book 182 at Page 421 as Reception No. 99374, recorded June 3, 1964 in Book 182 at Page as Reception No. 9939, recorded June 3, 1964 in Book 182 at Page 449 as Reception No. 99393 and recorded August 6, 1965 in Book 190 at Page 391 as Reception No. 101887. 13. Ditch Statement for the Nottingham and Puder Ditch, filed September 24, 1890 and recorded March 15, 1968 in Book 212 at Page 346 as Reception No. 107724 and right of way for same. 14. Holy Cross Electric Association, Inc., Right-of-way Easement between EMD Limited Liability Company and Holy Cross Electric Association, Inc., recorded July 28, 1993 in Book 614 at Page 968 as Reception No. 511043. 15. The Order and Decree Creating District for The Village Metropolitan District recorded February 3, 1999 as Reception No. 685804. 16. Incremental Sewer Tap Agreement recorded December 7, 1998 as Reception No. 679009 and Resolution recorded December 26, 2001 as Reception No. 780922. 17. All matters shown on the Annexation Map of The Village (at Avon) No. 1 recorded November 25, 1998 as Reception No. 677739. and The Village (at Avon) No. 2 recroded August 11, 1998 as Reception No. 677741. 18. Annexation and Development Agreement recorded November 25, 1998 as Reception No. 677743 and First Amendment to Annexation and Development Agreement recorded December 10, 2001 as Reception No. 779049 and Ordinance No. 03-08 recorded July 30, 2003 as Reception No. 842248 and Ordinance No. 04-17 recorded December 22, 2004 as Reception No. 901429. 19. Town of Avon Ordinance No, 98-15 recorded November 25, 1998 as Reception No. 677742 . 20. The Village (at Avon) PUD Guide recorded November 25, 1998 as Reception No. 677744 and PUD Development Plan Administrative Amendment No. 1 to The Village (at Avon) P.U.D. Development Plan/Sketch dated October 9, 1998 as shown on document recorded July 31, 2001 as Reception No. 763439 and Formal Amendment Number One recorded March 2, 2007 as Reception No. 20075491. 21. Notice of Water Service Agreements recorded November 15, 1999 as Reception No. 714779 and Resolution recorded December 26, 2001 as Reception No. 780923. 22. Declaration of Covenants for The Village (at Avon) Mixed Use Area recorded May 8, 2002 as Reception No. 795013 23. Declaration of Master Design Review Covenants for The Village (at Avon) recorded May 8, 2002 as Reception No. 795011 and First Amendment recorded June 10, 2008 as Reception No. 200812112 and Assignment of Declarant's Rights recorded August 24, 2009 as Reception No. 200918640 and Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants for The Village (at Avon) recorded September 16, 2010 as Reception No. 201018341. 24. A Deed of Trust dated May 1, 2009, executed by Traer Creek -RP LLC, a Colorado limited liability company, to the Public Trustee, to secure an indebtedness of $50,000,000.00 in favor of Laramie Participations Inc., a Panamanian corporation recorded June 1, 2009 as Reception No. 200910538. 25. Large Planned Community Affidavit (The Village (at Avon) Mixed Use Areas) recorded May 8, 2002 as Reception No. 795024. 26. Notice of Fees and Delinquency cost recorded July 25, 2003 as Reception No. 841692. 27. Nottingham Dam Easement Agreement recorded August 25, 2004 as Reception No. 888905. 28. Amended and Restated Radius Declaration recorded January 24, 2003 as Reception No. 821384. 29. Lack of a right of access to and from the Land. DISCLOSURES Order Number: 957821 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property maybe located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice I (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. For our everyday business purposes— to process your transactions and maintain ISharing ractices How often do the Stewart Title Companies your account. This may include running the business and managing customer Yes No accounts, such as processing transactions, mailing, and auditing services, and To protect your personal information from unauthorized access and use, we use my personal information? responding to court orders and legal investigations. computer, file, and building safeguards. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your We also collect your personal information from others, such as the real estate transactions and experiences. Affiliates are companies related by common other companies. ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such ffl�fyouphave any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 0 ost Oak Blvd., Privacy Officer, Houston, Texas 77056 as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and nonfinancial companies. We may disclose vour personal information to our affiliates or to non -affiliates as nermitted by law. If you reauest a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] ISharing ractices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a notify me about their practices? transaction. How do the Stewart Title Companies protect To protect your personal information from unauthorized access and use, we use my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect We collect your personal information, for example, when you my personal information? . request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. ffl�fyouphave any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 0 ost Oak Blvd., Privacy Officer, Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.or.g. F-stewart titleuarant J Y company p Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. stewart titles View your transaction progress 24/7 via SureClose. Ask us about vour loLFin todav! Date: March 21, 2012 Order Number: 957819-C-3 Buyer: Seller: Traer Creek -RP LLC, a Colorado limited liability company Property , , Please direct all Closing inquiries to: 31ilW Traer Creek -RP LLC, a Colorado limited liability company LISTING BROKER: Traer Creek -RP LLC, a Colorado limited liability company SELLING BROKER: Phone: Phone: ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Esq rt title guaranty company 3' ?L�0.PORq�F.?t >ri+; 1908 o` Senior Chairman of the Board Chairman of the Board President Order Number: 957819- ALTA Commitment (6/17/06) Title Officer: Sandy Capell COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 5, 2012, at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: 957819-C-3 Title Officer: Sandy Capell Amount of Insurance: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: TRAER CREEK -RP LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Statement of Charges: These charges are due and payable before a Policy can be issued: SCHEDULE A LEGAL DESCRIPTION SOUTH PARCEL A (North of Railroad right of way) That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1/4 corner of said Section 17; thence 589°23'36"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right- of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80°36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06°04'58", and a chord which bears S83°38'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00°20'55"W 78.44 feet, along said westerly line, to the point of beginning SOUTH PARCEL B (South of Railroad right of way) That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: Beginning at the Northeast corner of said Section 17; thence SO 1'41'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, SO1°41'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89°2449"W 1037.9 feet; (2) N86°0749"W 472.00 feet; (3) N89°2949"W 538.00 feet; (4) S82°33'11 "W 595.15 feet, to the westerly line of said NE 1/4; thence N00°20'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06° 11'51 ", and a chord which bears N83°42'23"E 279.58 feet; (2) N80°36'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12°24'07", and a chord which bears N86°48'31 "E 685.10 feet; (4) S86°59'25"E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02°31'46". and a chord which bears S85°43'31 "E 112.53 feet, to the True Point of Beginning. EAGLE COUNTY STATE OF COLORADO COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 957819-C-3 The following are the requirements to be complied with: Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NONE, THIS REPORT HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 957819-C-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded September 18, 1888 in Book 31 at Page 455. reserving 1) Right of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 11. Ditch Statement for the Nottingham and Puder Ditch, filed September 24, 1890 and recorded March 15, 1968 in Book 212 at Page 346 as Reception No. 107724 and right of way for same. 12. Permanent Easement for a Perpetual Easement to The State Department of Highways, Division of Highway, State of Colorado recorded May 3, 1972 in Book 223 at Page 983 as Reception No. 119729_ 13. Right of way for the Denver and Rio Grande Western Railroad, as described in the Deed recorded June 14, 1887 in Book 5 at Page 222. 14. Holy Cross Electric Association, Inc., Right-of-way Easement between EMD Limited Liability Company and Holy Cross Electric Association, Inc., recorded July 28, 1993 in Book 614 at Page 968 as Reception No. 511043. 15. The Order and Decree Creating District for The Village Metropolitan District recorded February 3, 1999 as Reception No. 685804. 16. Incremental Sewer Tap Agreement recorded December 7, 1998 as Reception No. 679009 and Resolution recorded December 26, 2001 asReception No. 780922. 17. Intentionally Deleted 18. Annexation and Development Agreement recorded November 25, 1998 as Reception No. 677743 and First Amendment to Annexation and Development Agreement recorded December 10, 2001 as Reception No. 779049 and Ordinance No. 03-08 recorded July 30, 2003 as Reception No. 842248 and Ordinance No. 04-17 recorded December 22, 2004 as Reception No. 901429. 19. Town of Avon Ordinance No, 98-15 recorded November 25, 1998 as Reception No. 677742 and Town of Avon Ordinance No. 98-14 recorded November 25, 1998 as Reception No. 677740. 20. The Village (at Avon) PUD Guide recorded November 25, 1998 as Reception No. 677744 and PUD Development Plan Administrative Amendment No. 1 to The Village (at Avon) P.U.D. Development Plan/Sketch dated October 9, 1998 as shown on document recorded July 31, 2001 as Reception No. 763439 and PUD Guide Administration Amendment No. 2 Certificate of Landowner Request recorded February 19, 2002 as Reception No. 786254, PUD Guide Administrative Amendment No. 4 recorded May 15, 2002 as Reception No. 795805 and PUD Guide Administrative Amendment No. 3 recorded May 15, 2002 as Reception No. 795806. 21. Notice of Water Service Agreements recorded November 15, 1999 as Reception No. 714779 and Resolution recorded December 26, 2001 as Reception No. 780923. 22. Intentionally Deleted 23. Declaration of Covenants for The Village (at Avon) Mixed Use Area recorded May 8, 2002 as Reception No. 795013 24. Declaration of Master Design Review Covenants for The Village (at Avon) recorded May 8, 2002 as Reception No. 795011 and First Amendment recorded June 10, 2008 as Reception No. 200812112 and Assignment of Declarant's Rights recorded August 24, 2009 as Reception No. 200918640 and Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants for The Village (at Avon) recorded September 16, 2010 as Reception No. 201018341. 25. Easement with Covenants and Restrictions affecting Land ("ECR") recorded May 8, 2002 as Reception No. 795009 and amended by Amendment to Easements with Covenants and Conditions Affecting land ("Amendment") recorded July 7, 2003 as Reception No. 839304 and Amendment and Restated Conveyance of Roadways, Parklands and Easements recorded January 27, 2005 as Reception No. 904568 and Second Amendment to Easements with Covenants and Conditions Affecting Land recorded October 31, 2008 as Reception No. 200823449 and Third Amendment to Easements with Covenants and Conditions Affecting Land recorded August 13, 2010 as Reception No. 201015934. 26. Declaration of Covenants for The Village (at Avon) Commercial Areas recorded May 8, 2002 as Reception No. 795012 and First Amendment recorded June 10, 2008 as Reception No. 200812111 and Supplemental Notice of Fees and Delinquency Costs recorded September 30, 2011 as Reception No. 201118243. 27. Conveyance of Roadways, Parkland and Easements recorded May 8, 2002 as Reception No. 795010 and Amended and Restated Conveyance of Roadways, Parkland and Easement recorded January 27, 2005 as Reception No. 904568. 28. Intentionally Deleted 29. Radius Declaration recorded May 8, 2002 as Reception No. 795015 and Amended and Restated Radius Declaration recorded January 24, 2003 as Reception No. 821384. 30. Lack of a right of access to and from the Land. DISCLOSURES Order Number: 957819-C-3 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property maybe located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice I (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. For our everyday business purposes— to process your transactions and maintain ISharing ractices How often do the Stewart Title Companies your account. This may include running the business and managing customer Yes No accounts, such as processing transactions, mailing, and auditing services, and To protect your personal information from unauthorized access and use, we use my personal information? responding to court orders and legal investigations. computer, file, and building safeguards. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your We also collect your personal information from others, such as the real estate transactions and experiences. Affiliates are companies related by common other companies. ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such ffl�fyouphave any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 0 ost Oak Blvd., Privacy Officer, Houston, Texas 77056 as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and nonfinancial companies. We may disclose vour personal information to our affiliates or to non -affiliates as nermitted by law. If you reauest a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] ISharing ractices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a notify me about their practices? transaction. How do the Stewart Title Companies protect To protect your personal information from unauthorized access and use, we use my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect We collect your personal information, for example, when you my personal information? . request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. ffl�fyouphave any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 0 ost Oak Blvd., Privacy Officer, Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.or.g. F-stewart titleuarant J Y company p Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Preliminary PUD Application The Village (at Avon) Amended and Restated PUD Guide and The Village (at Avon) PUD MasterPlan Formal Amendment Two Project Narrative Traer Creek, LLC ("Applicant") submits the enclosed application for a preliminary PUD ("PUD"), including The Village (at Avon) Amended and Restated PUD Guide ("PUD Guide") and The Village (at Avon) PUD MasterPlan, Formal Amendment Two ("PUD Map"). Applicant submits the PUD on behalf of the "Owners" as defined in the existing The Village (at Avon) PUD Guide dated October 13, 2008, as amended ("Existing PUD"), for the purpose of implementing certain provisions of the "Settlement Term Sheet," as more specifically discussed and defined below. In accordance with the terms and conditions of that certain Settlement Term Sheet made and entered on October 7, 2011, by and between the Town of Avon ("Town"), Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer Creek -HD LLC, Traer Creek -WMT LLC (collectively, the "Developer Entities"), BNP Paribas and Traer Creek Metropolitan District (the "Settlement Term Sheet"), the Developer Entities agreed to submit, and the Town agreed to process and decide upon, the PUD (and a final PUD) for the purposes of implementing certain land use related matters as follows: • Extension of the vested property rights period; • Dedication of a school site; • Allowing commercial as a permitted use on (existing) Planning Areas N South and RMF -1, including hotel and lodging uses (subject to objective minimum design requirements reviewable by the Town at the time of building permit application); • Modified street standards for access to (existing) Planning Area M; • Increased density and development standards for the "hillside residential"; • Modified street width and phased development for Main Street; • Application of the "David Johnson Study" regarding drainage requirements for the hillside residential; and • Administrative subdivision processing for certain portions of The Village (at Avon). In addition to the above -referenced land use matters that have been incorporated into the PUD, certain additional modifications to the Existing PUD are proposed. A "redlined" comparison of the proposed PUD Guide against the Existing PUD Guide is included with this application for the PUD to facilitate a more efficient review of the proposed modifications. Certain of the proposed modifications include changes to the uses permitted in certain planning areas (including providing for a more specific definition of "Commercial Uses," removal of the overall density limitations for the project for commercial and residential uses, allocation and tracking of water rights to serve development of the project, incorporation of the temporary use permit 1012120.1 provisions of the Development Code, provision of street standards applicable to the project, revisions to the parking regulations governing all parking uses within the project and clarification regarding certain provisions of the Development Code and Municipal Code that do not apply to the project). Consist with the terms of the Existing PUD, proposed PUD Guide, existing "Annexation and Development Agreement" (as defined in the Existing PUD) and proposed Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) ("Agreement") submitted to the Town concurrently with the PUD, upon approval, the PUD (including the PUD Guide and the PUD Map) shall each be a "site specific development plan" and have vested property rights under state statute and the Town Development Code ("Development Code"), as modified by the terms of the Agreement and PUD Guide, for the remainder of the term prescribed in the Agreement and PUD Guide. The appropriate vesting language is provided on the cover page of the PUD Guide. The Applicant submits the most current draft of the PUD Map (version 8) produced and disseminated by the Town as a part of the application for this PUD. However, the Applicant notes that the PUD Map requires further revision with respect to the planning area boundaries as the same relate to rights-of-way that bisect planning areas, consistent with the provisions set forth in Section A.4(f) of the PUD Guide. Pursuant to Section 7.16.070(e)(4) of the Town Development Code ("Development Code"), the Planning and Zoning Commission and Town Council shall consider certain criteria as the basis for a recommendation or decision, respectively, to rezone a property to the planned unit development zone district and to approve a PUD. As noted above, the PUD is an amendment to the Existing PUD previously approved by the Town for The Village (at Avon); however, in accordance with the Development Code, the approval process with respect to such amendments are the same as for the original approval. The following are the review criteria set forth in Section 7.16.070(e)(4) of the Development Code, and describe how the PUD satisfies such review criteria, to the extent applicable. 1. The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of the Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. The PUD provides for a large-scale, master -planned mixed-use development that would not otherwise be possible under the Town Euclidian zone districts. The uses, dimensional limitations and development standards, among other matters, set forth in the PUD Guide will provide for flexibility in the development of The Village (at Avon) and will encourage innovative and coordinated development and design, consistent with Section 7.16.060 of the Development Code. The PUD provides for a mix of integrated uses and public facilities and amenities, including natural open space, community and pocket parks, trail and pedestrian connectivity, a diverse housing mix and retail and commercial services for The Village (at Avon) 1012120.1 2 and the Town as a whole. A Declaration of Master Design Review Covenants for The Village (at Avon) and The Village (at Avon) Design Review Guidelines provide for high quality design with respect to the built environment and preservation of open space and existing vegetation. 2. The PUD rezoning will promote the public heath, safety and general welfare. As discussed in response no. 1 above and response no. 5 below, the PUD, together with the Agreement (and the existing Annexation and Development Agreement), provide for public amenities, development and design standards and development review processes to ensure development of The Village (at Avon) as contemplated by the PUD will promote the public health, safety and general welfare of the owners and residents within The Village (at Avon) and the residents of the Town. 3. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of the Development Code and the eligibility criteria outlined in Section 7.16.060(b) of the Development Code. The eligibility criteria applicable to the PUD (see Section 7.16.060(b) of the Development Code) are addressed in the Written Statement submitted as a part of the application for the PUD. It is the Applicant's position that the current Avon Comprehensive Plan does not apply to The Village (at Avon) as the Existing PUD was approved under a prior comprehensive plan and the Exhibit PUD is a "site specific development plan" and has vested property rights. Notwithstanding the foregoing, the Applicant submits that the PUD is consistent with the following (among other) policies of the Avon Comprehensive Plan: A.1.5, 13.1.1, B.1.3, B.1.5, B.1.6, B.1.8, B.2.1, B.2.3, B.3.1, B.3.4, C.1.2, C.1.3, C.1.5, C.1.6, C.1.8, C.2.1, C_2.2, C.2.3, C.3.1, C.3.2, C.4.3, C.5.1, C.5.2, C.5.3, D.1.1, D.1.2, D.1.4, D.2.2, D.2.5, D.2.6, D.3.1, D.3.4, E.1.2, E.3.8, E.3.10, F.1.1, F.1.2, F.2.1, F.2.3, F.2.4, F.2.8, G.1.1, G.1.4, G.1.7, G.1.9, G.1.12, G.1.15, H.1.3, H.2.1, H.2.2, H.4.2, L 1.1, L 1.4, V.2.2, and V.2.3. 4. Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal) will be available to serve the subject property while maintaining adequate levels of service to existing development. The PUD Guide sets forth certain development limitations and standards specific to each planning area within the PUD Map, including limitations on site coverage, landscape requirements (as applicable) and appropriate setback and building height limitations, which will result in appropriate uses and building envelopes for each site developed within The Village (at Avon) to facilitate the provision of adequate facilities (including roads) and utility services. The PUD is consistent with the Town Transportation Master Plan, providing for adequate transportation facilities and connectivity to abutting properties. The Village (at Avon) includes, among other public facilities and services, fire protection and ambulance service uses. 5. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated. The PUD, together with the Agreement (and the existing Annexation and Development Agreement), provide, and have provided for, mitigation of impacts of the proposed development 1012120.1 3 of The Village (at Avon), including the prior provision of certain impact fees, public dedications, public facilities, natural open space and roads. A wildlife mitigation plan is included as a part of the PUD Guide. Section C of the PUD Guide sets forth certain requirements for allocation of water rights to serve The Village (at Avon). A significant portion of The Village (at Avon) will be maintained as natural open space. Further, a comprehensive storm drainage study has been produced for The Village (at Avon). The development of the subject property as contemplated by the PUD will not result in any significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife or vegetation. 6. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract. For the reasons provided in response no. 5 above, and because the PUD is compatible in scale with other uses or potential future uses on other adjacent properties as discussed in response no. 7 below, the PUD is not likely to result in significant adverse impacts upon other property in the vicinity of The Village (at Avon). 7. Future uses on the subject tract will be compatible in scale with uses or potential future uses on the other properties in the vicinity of the subject tract. The uses, densities and dimensional limitations set forth in the PUD Guide are compatible internally with respect to abutting planning areas within the project and allow for a mix of uses and densities, while providing for a reasonable transition among abutting planning areas, generally providing for more dense development on the valley floor, less dense development north of I-70 and within the "hillside residential" portion of the PUD as depicted on the PUD Map and more intense uses immediately north of 1-70. The most adjacent development to the Village (at Avon) is the Town Center to the west of The Village (at Avon). The uses, densities and dimensional limitations of Planning Area A as depicted on the PUD Map, which abuts the Town Center, are generally consistent and complementary to the uses, densities and dimensional limitations applicable to the Town Center. 1012120.1 4 Preliminary PUD Application The Village (at Avon) Amended and Restated PUD Guide and The Village (at Avon) PUD MasterPlan Formal Amendment Two Written Statement Pursuant to Section 7.16.070(b) of the Town Development Code, the following are the eligibility criteria for a property to be eligible to apply for PUD approval. A response describing how the application for a preliminary PUD (the "PUD"), including The Village (at Avon) Amended and Restated PUD Guide (the "PUD Guide") and The Village (at Avon) PUD MasterPlan — Formal Amendment Two (the "PUD Map"), satisfies such eligibility criteria, to the extent applicable, follows each eligibility criteria. 1. Property Eligible: All properties within the Town of Avon are eligible to apply for PUD approval. The property subject to the PUD, The Village (at Avon), is wholly within the jurisdictional boundaries of the Town of Avon ("Town"). 2. Consistency with Comprehensive Plan: The proposed development shall be consistent with the Avon Comprehensive Plan. Please see response no. 3 of the project narrative submitted with the application for the PUD, which addresses the Avon Comprehensive Plan. 3. Consistent with PUD Intent: The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). As discussed in the project narrative submitted with the application for the PUD, the PUD provides for a large-scale master -planned mixed use development that would not otherwise be possible under the Town Euclidian zone districts. The uses, dimensional limitations and development standards, among other matters, set forth in the PUD Guide will provide for flexibility in the development of The Village (at Avon) and will encourage innovative and coordinated development and design, consistent with the intent and spirit of Section 7.16.060 of the Development Code. The PUD provides for a mix of integrated uses and public facilities and amenities, including community facilities to be constructed by the Town on Planning Area B (as depicted on the PUD Map), preservation of natural open space, community and pocket parks, trail and pedestrian connectivity, school sites, a diverse housing mix (including affordable housing) and retail and commercial services for The Village (at Avon) and the Town as a whole. Existing and planned roads and utilities are contemplated to facilitate convenient and efficient extension of such services to comprehensively serve The Village (at Avon). A Declaration of Master Design Review Covenants for The Village (at Avon) and The Village (at Avon) Design Review Guidelines provide for high quality design with respect to the built environment and 1012175.1 preservation of natural features and open space and existing vegetation. The Village (at Avon) includes, among other public facilities and services, fire protection and ambulance service uses. Impact fees and public dedications previously have been provided to mitigate development impacts of The Village (at Avon), and certain future public dedications are contemplated as discussed in the project narrative submitted with the application for the PUD. 4. Compatibility with Existing Uses: The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. As discussed in response no. 7 of the project narrative submitted with the application for the PUD, the uses, densities and dimensional limitations set forth in the PUD Guide for The Village (at Avon) are compatible internally with respect to abutting planning areas within the project and allow for a mix of uses and densities, while providing for a reasonable transition among abutting planning areas, generally providing for more dense development on the valley floor, less dense development north of I-70 and within the "hillside residential" portion of the PUD as depicted on the PUD Map and more intense uses immediately north of 1-70. The Town Center is adjacent to and west of The Village (at Avon). The uses, densities and dimensional limitations of Planning Area A as depicted on the PUD Map, which abuts the Town Center, are generally consistent with and complementary to the uses, densities and dimensional limitations applicable to the Town Center. The roads as constructed within The Village (at Avon) and as conceptually set forth on the PUD Map are consistent with the Town Transportation Master Plan. 5. Public Benefit: A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. As discussed in response no. 3 above, in response no. 6 below and in the project narrative included as a part of the submittal of the PUD, many substantial public benefits have been and will be provided in connection with the establishment of the PUD, including dedications for public facilities (such as fire and ambulance facilities), school sites, community facilities, trail connections to public lands and natural open space. Substantial natural open space will be preserved by the establishment of the PUD. 6. Preservation of Site Features: Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. A significant portion of The Village (at Avon) will be preserved as natural open space. As contemplated by the Settlement Term Sheet (as defined in the project narrative for the application for the PUD), certain open space parcels within The Village (at Avon) will be dedicated to the Town. Planning Area B (as depicted on the PUD Map) will be conveyed to the Town for community facilities, including the construction of a natural amphitheater and preservation and development of a water body, along with other complementary public amenities. Trail connections to off-site public lands will be provided as set forth in the PUD 1012175.1 2 Guide. Cluster development is anticipated for the "hillside residential" lots (Planning Area K as depicted on the PUD Map), preserving open space and steep slope features. 7. Sufficient Land Area for Proposed Uses: Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. The Village (at Avon) comprises nearly 1780 acres, including land designated for residential (including affordable housing), commercial, industrial, mixed use, open space, parks, school sites, public facilities and other public amenities. The PUD, Declaration of Master Design Review Covenants for The Village (at Avon) and The Village (at Avon) Design Review Guidelines provide for a comprehensive, master -planned mixed use development with appropriate development and design standards to provide for a high quality development and to adequately serve the needs of all uses contemplated within The Village (at Avon). Development of The Village (at Avon) will comply with the density and dimensional limitations set forth in the PUD Guide. As discussed in response no. 4 above, the PUD provides for compatibility between uses within The Village (at Avon) and with adjacent properties. 1012175.1 3 The Village (at Avon) Amended and Restated PUD Guide [Insert Approval Date] Pursuant to Section 7.16.140(d) of the Development Code: Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16 of the Avon Municipal Code as amended. 999369.9 TABLE OF CONTENTS Page A. PURPOSE/GENERAL PROVISIONS.............................................................................. 1 1. Defined Terms....................................................................................................... 1 2. Purpose...................................................................................................................1 3. Vested Property Rights.......................................................................................... 2 4. General Provisions................................................................................................. 3 5. Applicability of Other Regulations........................................................................ 5 6. Conflict.................................................................................................................. 6 B. TOTAL PERMITTED DENSITY..................................................................................... 6 1. Commercial and Industrial Uses............................................................................ 6 2. Dwelling Units....................................................................................................... 6 C. WATER ALLOCATION CALCULATION AND TRACKING ...................................... 6 1. General...................................................................................................................6 2. Allocation of Water; Limitation on Development ................................................. 7 3. Water Rights Master List....................................................................................... 7 4. Return of Water to Water Bank............................................................................. 7 D. GENERAL LAND USE DESIGNATIONS...................................................................... 8 1. Designations...........................................................................................................8 2. Permitted Uses....................................................................................................... 8 E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD............ 8 1. General...................................................................................................................8 2. Planning Area A - Village Center Mixed Use Project ........................................... 9 3. Planning Area B -Community Facilities.............................................................. 12 4. Planning Areas C and D - Village Residential Mixed Use Projects .................... 13 5. Planning Area E - School..................................................................................... 17 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects ....... 18 7. Planning Area J — Regional/Neighborhood Commercial and Residential MixedUse Projects.............................................................................................. 23 8. Planning Area K - Hillside Residential................................................................ 25 9. Planning Areas RMF I and RMF 2 - Residential Multi -Family ......................... 27 10. Planning Areas P1 -P4: Parkland......................................................................... 30 999369.9 -1- TABLE OF CONTENTS (continued) Page 11. Planning Areas OS 1— OS6: Natural Open Space ............................................... 31 12. Planning Areas PF -1 — PF -3: Public Facility ..................................................... 33 F. SPECIAL REVIEW USE................................................................................................ 35 1. Special Review Use Permit.................................................................................. 35 2. Application Filing and Processing....................................................................... 35 3. Submittal Requirements for Special Review Use ................................................ 36 4. Condition Precedent to Town Approval.............................................................. 36 5. Criteria for Review, Recommendation, and Approval of Special Review Uses...................................................................................................................... 36 6. Amendments to Special Review Use Permit ....................................................... 37 G. TEMPORARY USES AND STRUCTURES.................................................................. 37 1. Temporary Use Permit......................................................................................... 37 2. Condition Precedent to Town Approval.............................................................. 38 3. Application Filing and Processing....................................................................... 38 H. SUBDIVISION................................................................................................................38 1. Multiple Buildings on Single Lot or Superblock................................................. 38 2. Administrative Subdivision Process.................................................................... 38 I. DEVELOPMENT PLAN AMENDMENT PROCEDURES ........................................... 42 1. General.................................................................................................................42 2. Formal Amendments............................................................................................ 42 3. Administrative Amendments............................................................................... 43 4. Modifications Not Requiring Amendment.......................................................... 45 J. SUPPLEMENTAL REGULATIONS............................................................................. 45 1. Interim Uses......................................................................................................... 45 2. Fireplace Regulations........................................................................................... 46 3. Signs.....................................................................................................................47 4. Parking Requirements.......................................................................................... 47 5. Surface Parking Landscaping Requirements....................................................... 48 6. Drainage Requirements........................................................................................ 48 7. Sidewalk and Trail Standards.............................................................................. 48 999369.9 -11- TABLE OF CONTENTS (continued) Page 8. Other Variances................................................................................................... 48 9. Supplemental Design Requirements.................................................................... 49 10. Modifications to Building Envelopes.................................................................. 49 11. Wildlife Mitigation Plan...................................................................................... 50 12. Design Review Guidelines................................................................................... 50 13. Stream Setback Provisions................................................................................... 50 14. Residential Fire Suppression Systems................................................................. 51 15. Park, Recreation and Trail Access....................................................................... 51 16. Affordable Housing Plan..................................................................................... 51 17. Provision of Certain Amenities............................................................................ 53 EXHIBIT A Legal Description............................................................................................... A-1 EXHIBIT B PUD Master Plan............................................................................................... B-1 EXHIBIT C The Village (at Avon) Parking Regulations....................................................... C-1 EXHIBIT D Wildlife Mitigation Plan.................................................................................... D-1 EXHIBIT E Minimum Design Guideline Standards...............................................................E-1 EXHIBIT F Street Standards.................................................................................................. F-1 EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD.................................................................................................................... G-1 EXHIBIT H Referenced Development Code Sections........................................................... H-1 EXHIBIT I Definitions............................................................................................................ I-1 999369.9 -111- The Village (at Avon) Amended and Restated PUD Guide [Insert Approval Date] A. PURPOSE/GENERAL PROVISIONS. 1. Defined Terms. Initially capitalized words and phrases used in the PUD Guide have the meanings set forth in Exhibit I of this PUD Guide. 2. Purpose. (a) The Village (at Avon) PUD encompasses the Property, which is a large parcel of land under unified development control of the Master Developer (together with and on behalf of the Developer Affiliates) as of the Effective Date, and is suitable for creation of a Planned Unit Development (PUD) and development of the Property in accordance therewith in accordance with applicable state law and Town policies and regulations. (b) In accordance with the terms and conditions of that certain SETTLEMENT TERM SHEET made and entered into the 7th day of October, 2011, by and between the Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer Creek -HD LLC, and Traer Creek -WMT LLC (the "Settlement Term Sheet"), the Town's final non -appealable approval of this PUD Guide establishes and implements specific terms and conditions of the Settlement Term Sheet and shall be binding on all parties to the Settlement Term Sheet. (c) The Original PUD Guide previously was amended by and includes (collectively, the "Prior Amendments"): (i) PUD Development Plan Administrative Amendment No. 1 (amending the PUD Master Plan only), dated May 21, 2001, and recorded in the real property records of Eagle County, Colorado, on July 31, 2001 at Reception No. 763439. (ii) PUD Guide Administrative Amendment No. 2, dated February 13, 2002, and recorded in the real property records of Eagle County, Colorado, on February 29, 2002 at Reception No. 786254. 999369.9 (iii) PUD Guide Administrative Amendment No. 3, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2001 at Reception No. 795806. (iv) PUD Guide Administrative Amendment No. 4, dated May 15, 2002, and recorded in the real property records of Eagle County, Colorado, on May 15, 2002 at Reception No. 795805. (v) Formal Amendment Number One to The Village (at Avon) PUD Guide, dated January 25, 2007, and recorded in the real property records of Eagle County, Colorado, on March 2, 2007 at Reception No. 200705491. (d) The purpose of this PUD Guide is to amend and restate in its entirety the original PUD Guide, including the incorporation into a single document of the Prior Amendments and the amendments contemplated in the Settlement Term Sheet, for ease of reference and to implement the terms and conditions of the Settlement Term Sheet. Accordingly, this PUD Guide expressly supersedes any additional or conflicting provisions of the Municipal Code and sets forth the sole and exclusive approved zoning; land Uses; type, density and intensity of Use; and Development Standards applicable within The Village (at Avon) PUD. 3. Vested Property Rights. (a) The Original PUD Guide, together with other elements of the Development Plan and related development approvals, was a Site Specific Development Plan as defined in the Vested Property Rights Statute and the Town's then -current Vested Property Rights Regulations (i.e., Section 17.14.100 of the Municipal Code as in effect on October 13, 1998), pursuant to which the Town granted Vested Property Rights with respect to such Site Specific Development Plans for a term of 35 years from the Original Effective Date. Consistent with the foregoing and in implementation of the Settlement Term Sheet, this PUD Guide ratifies the Vested Property Rights originally granted and extends the term of such Vested Property Rights (including with respect to future amendments to any such Site Specific Development Plan) through and including December 31, 2039. (b) Individually and collectively, the Development Plan, the approved Sketch Plan and any Preliminary Plans and Final Plats approved by the Town subsequent to the Original Effective Date, and any amendments to any of the foregoing approved prior or subsequent to the Effective Date, constitute an approved Site Specific Development Plan as defined in and authorized by the Vested Property Rights Statute and Section of the Development Agreement. Accordingly, Master Developer, the Developer Affiliates and other Landowners within The Village (at Avon) PUD shall have Vested Property Rights to the full extent of the Vested Property Rights Statute to undertake and complete development and use of the Property as provided in the Development Plan and related Site Specific Development Plans, which rights shall be and remain vested for the duration of the Vesting Term set forth in Section of the Development Agreement. (c) Notwithstanding any additional or contrary provision of the Municipal Code, including but not limited to the Vested Property Rights Regulations, the term of the 999369.9 2 Vested Property Rights with respect to such Site Specific Development Plans (or amendments thereto) shall not expire, be deemed forfeited, or otherwise limited or impaired prior to January 1, 2040. Without limiting the generality of the foregoing, approval of any future amendment to this PUD Guide, the PUD Master Plan, the Development Agreement or to any other Site Specific Development Plan approved with respect to the Property shall not be conditioned on or be made subject to the Applicant's, Landowner's or Master Developer's consent to a Vested Property Rights term of any duration shorter than the then -remaining Vested Property Rights term as set forth above, and the scope of Vested Property Rights established herein specifically includes the Vested Property Right for such amendments to be and remain vested through and including December 31, 2039. 4. General Provisions. (a) Control Over Use, Location and Bulk. From and after the Effective Date, and subject to compliance with the Development Standards set forth in the Development Plan for the affected Planning Area and any additional or more restrictive standards and requirements set forth in the Design Review Guidelines or the Design Covenant: (i) Any new Building or Structure, and any parcel of land or Site, may be used; and (ii) The Use of any existing Building, Structure, parcel of land or Site may be changed or extended; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final Use and final location and bulk of all future Buildings, Structures and improvements; and (iv) Any existing Building or Structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose or Use permitted or required by the provisions of this PUD Guide that is applicable to the Site in which such Building, Structure, Site or parcel of land is located, and for no other purposes or Uses. (b) Incorporation of PUD Master Plan. The PUD Master Plan, together with everything shown thereon and all amendments thereto approved by the Town subsequent to the Effective Date, is hereby incorporated by reference into this PUD Guide as Exhibit B. Collectively, this PUD Guide, the PUD Master Plan and the Development Agreement are referred to herein as the "Development Plan." (c) Design Covenant. The Property is encumbered by and subject to the Design Covenant, which shall govern matters related to the use and development of all or any part of the Property. Where any conflict between the Design Covenant and the Development Plan may occur, the more restrictive provision shall govern. (d) Design Review Board. As contemplated by the Design Covenant, the Design Review Board has been organized to administer and enforce the Design Covenant and Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board shall have authority to review and approve the use and development of all or any part of the 999369.9 3 Property. Without limiting the generality of the foregoing, the Design Review Board has authority to approve or deny (i) any Use within the Property, including without limitation, Uses by Right, Special Review Uses, Temporary Uses and, as applicable, Interim Uses; and (ii) any Building, Structure or improvement within the Property. The Town's approval of any Application within the Property for development of a Use or Site is conditioned upon the Town's prior receipt of a certificate of approval executed by the President of the Design Review Board. (e) Design Review Guidelines. Pursuant to the Design Covenant, Design Review Board has prepared, approved and promulgated the Design Review Guidelines to supplement and complement this PUD Guide. Where any conflict may occur between the Design Review Guidelines and the Development Plan, the more restrictive provision shall govern. (f) Planning Areas and Boundaries, Road Alignments, Lot Lines. The street and road alignments depicted on the PUD Master Plan are either designated thereon as either permanent, temporary (not permanent and intended to be replaced in the future) or conceptual alignments. Until such time as made permanent or temporary in connection with an approved Final Plat, the conceptual alignments are non-binding and provided only for illustrative purposes to show one of various potential alignments, general circulation patterns, vehicular ingress and egress to and from Planning Areas and traffic connectivity to adjacent property outside of the Property. The alignment of future temporary and permanent streets shall be subject to review and approval by the Town in connection with subdividing the applicable portion of the Property and submittal by the Applicant of engineered road design plans, as set forth in Section H of this PUD Guide. Planning Area boundaries shall be construed as follows: (i) whenever a Planning Area abuts an exterior boundary of the Property, the Planning Area shall be construed to coincide with such exterior boundary of the Property; (ii) wherever a street abuts a Planning Area as shown in the PUD Master Plan, the Planning Area boundary shall be construed to coincide with the center line of such abutting street; and (iii) wherever a Planning Area contains or otherwise does not abut a street or the exterior boundary of the Property, the Planning Area boundary shall be as shown in the PUD Master Plan. (g) Issuance of Building Permits; Design Review Board Certification. (i) Provided an Application for issuance of a building permit (or grading permit, etc.) complies with the Town's Building Code (as defined in the Development Code) and the Development Plan, the Town shall issue such building permit (or grading permit, etc.) for any construction, improvements or alterations of a Building, Structure or other form of development requiring a building permit (or grading permit, etc.) for which the plans, specifications and details have been reviewed and approved by the Design Review Board as defined herein. A certificate of approval executed by the President of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit, grading permit, temporary certificate of occupancy, permanent certificate of occupancy, etc. Application prior to the Town's approval thereof. To facilitate efficient review and approval of building permits (grading permits, etc.), the Town's building department may accept for processing a building permit (or grading permit, etc.) concurrently with such Applicant's submittal of plans, specifications and details to the Design Review Board for review and approval of such 999369.9 4 permit; provided, however, the Town shall not approve any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy unless a certificate of Design Review Board approval is affixed thereto as required by this Section AA(g)(i), such issued certification of Design Review Board approval being an express condition precedent to the Town's approval of any Application for a building permit (or grading permit, etc.) or temporary or permanent certificate of occupancy. (ii) Additionally, the Design Review Board certification shall affirmatively state the Design Review Board's confirmation, and the Director shall confirm, an Application's compliance with: (1) the supplemental design and improvement standards set forth in Section J.9 prior to issuing a building permit for construction of a Building designated for Hotel, Motel and Lodging Uses within Planning Area J. (2) the supplemental design standards set forth in Section J.9 prior to issuing a building permit for construction of monumentation within Planning Area RMF -2. 5. Applicability of Other Regulations. (a) General. Except as otherwise expressly provided in the Development Plan, the establishment of Vested Property Rights pursuant to the Development Plan shall not preclude the application on a uniform and non-discriminatory basis of Town regulations of general applicability to other large-scale master -planned mixed-use development projects within the Town (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations existed on the Original Effective Date or may be enacted or amended after the Original Effective Date; provided, however that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Master Developer's, Developer Affiliates' or other Landowners' substantive or procedural rights set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved Preliminary Plan or Final Plat for any portion of the Property. Neither Master Developer, Developer Affiliates nor any Landowner waive their right to oppose the enactment or amendment of any such regulations. (b) Modifications and Exceptions. Pursuant to the supplemental regulations set forth in Section J of this PUD Guide, certain provisions of the Municipal Code either are superseded in their entirety by this PUD Guide or apply within The Village (at Avon) but are subject to the modifications set forth in such supplemental regulations. Additionally, the provisions of the Municipal Code which are set forth in Exhibit G of this PUD Guide are, without limiting any other present or future regulations or provisions of the Municipal Code which have similar effect from being similarly excepted, specifically identified as provisions that directly or indirectly have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting Master Developer's, Developer Affiliates' or other Landowners' rights (whether Vested Property Rights or other 999369.9 5 right) set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved Preliminary Plan or Final Plat for any portion of the Property, and therefore shall not be applicable within The Village (at Avon) PUD. 6. Conflict. The Development Standards and other terms, conditions and criteria set forth in the Development Plan shall prevail and govern the development of The Village (at Avon). Where the Development Plan does not address a specific subject, the applicable provisions of the Municipal Code shall, to the extent such Municipal Code provisions are not in conflict or otherwise inconsistent with any provision of the Development Plan, control the development of The Village (at Avon). Additionally, application of such Municipal Code provisions shall not directly or indirectly have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting any of Master Developer's, Developer Affiliates' or other Landowners' Vested Property Rights set forth in the Development Plan. Provisions of the Design Review Guidelines which are more restrictive than either the Development Plan or the Municipal Code shall prevail in any instance where there is a conflict. In interpreting the intended effect of this subsection A.6, the Town acknowledges that the Development Plan and the Development Standards are intended to address all potential development standards applicable within The Village (at Avon). Accordingly, the Town shall apply that interpretation which gives the broadest reasonable effect to the Development Standards and the Development Plan, and that gives the narrowest reasonable effect to any provision of the Municipal Code which explicitly or implicitly could be construed to conflict with or limit the development rights established by the Development Standards and the Development Plan. For ease of reference only, excerpts of the Development Code expressly referenced in this PUD Guide are attached as Exhibit H to this PUD Guide, provided that such excerpts are not and shall not be construed to be substantive provisions of this PUD Guide. B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon) PUD shall not exceed: 1. Commercial and Industrial Uses. No stated maximum density, it being the intent that the functional limit on development of Commercial Uses and Industrial Uses shall be determined by compliance with the applicable Building Envelope requirements for each Planning Area as set forth in this PUD Guide. 2. Dwelling Units. No stated maximum density, it being the intent that the functional limit on development of Residential Uses shall be determined by compliance with the applicable Building Envelope requirements for each Planning Area as set forth in this PUD Guide, and, with respect to Planning Area K, as established pursuant to a Final Plat as otherwise set forth in this PUD Guide. C. WATER ALLOCATION CALCULATION AND TRACKING. 1. General. Certain water rights have been conveyed to the Upper Eagle Regional Water Authority ("UERWA") to be used in connection with the development of the Project and to serve Uses within The Village (at Avon). The amount of the water rights conveyed has been calculated based upon the application of a single-family equivalent ("SFE") as set forth in that certain Traer Creek Water Storage and Water Service Agreement entered by, among other 999369.9 6 parties, the Town, the Master Developer and UERWA, dated effective as of , 2012. The total amount of such conveyed water rights is 2,800 SFE, and, accordingly, 2,800 SFE (the "Water Rights") are allocated to serve development within The Village (at Avon) PUD (the "Water Bank"). 2. Allocation of Water; Limitation on Development. The Master Developer shall, in a written notice to the Town, designate the amount of the Water Rights then -available in the Water Bank that the Master Developer allocates to serve a Final Plat or Site (or applicable portion thereof) within The Village (at Avon) PUD. Such allocation shall occur at the time of Final Plat approval; provided, however, if the Final Plat approval is for a Superblock Site, the allocation of Water Rights shall be made at the time of the Town's approval of a building permit for the applicable development within the Superblock. If the amount of allocated Water Rights is insufficient to serve the Uses(s) contemplated by the Final Plat or building permit, as applicable, the applicable Applicant shall dedicate, or cause to be dedicated, additional water (or pay applicable fees -in -lieu of water dedication) in full satisfaction of the required SFE, and such dedication or payment of fees -in -lieu shall be a condition precedent to the Town's recording of the applicable Final Plat or issuance of the applicable building permit. Development of the entirety of The Village (at Avon) as contemplated by the Development Plan may require in excess of 2,800 SFE to serve such development. The Town shall have no obligation to record a Final Plat or issue a building permit within the Village (at Avon) PUD unless the requisite amount of water to serve the Use(s) contemplated by such Final Plat or such building permit, as applicable, is available to serve the same through one or any combination of the following: (i) allocation by the Master Developer of a portion or all of the Water Rights in the Water Bank then -available for allocation; (ii) dedication of water by or on behalf of the applicable Applicant; and (iii) payment of fees -in -lieu of water dedication by the applicable Applicant. 3. Water Rights Master List. The Master Developer and the Town shall coordinate to develop and maintain a master list of the Water Rights, which shall include information describing each allocation by Master Developer of Water Rights (in SFE) to serve a Final Plat, Site or individual development within a Site, as applicable, and the amount of outstanding and un -allocated Water Rights (in SFE) available in the Water Bank from time to time for allocation to serve future development within The Village (at Avon) PUD (the "Master List"). The Master Developer and the Town shall coordinate to update the Master List contemporaneously with each allocation of Water Rights by the Master Developer based upon the amount of Water Rights (in SFE) allocated pursuant to the Master Developer's written notice of allocation in accordance with subsection 2 above. 4. Return of Water to Water Bank. If the amount of Water Rights allocated by the Master Developer for any particular Final Plat, Site (or portion thereof) or Use exceeds the amount of water actually required to serve such Final Plat, Site (or portion thereof) or Use based upon actual development and final build -out thereof, the excess and unused SFE shall be returned to the Water Bank and the Master Developer and the Town shall coordinate to update the Master List accordingly. Any such excess and unused SFE so returned to the Water Bank shall be available for allocation by the Master Developer to serve The Village (at Avon) in accordance with this Section C as though such Water Rights previously had not been allocated from the Water Bank to serve development within The Village (at Avon). 999369.9 D. GENERAL LAND USE DESIGNATIONS. 1. Designations. The following list identifies Planning Areas within The Village (at Avon) PUD and their respective general land use designations: (a) Planning Area A: Village Center Mixed -Use Projects (b) Planning Area B: Community Facilities (c) Planning Areas C and D: Village Residential Mixed -Use Projects (d) Planning Area E: School (e) Planning Areas F, G, Hand I. Regional Commercial Mixed Use Projects (f) Planning Area J. Regional/Neighborhood Commercial and Residential Mixed Use Projects (g) Planning Area K. Hillside Residential (h) Planning Areas RMF -1 and RMF -2: Multi -Family Residential (i) Planning Areas OSI through OS7, inclusive: Natural Open Space 0) Planning Areas PI through P3, inclusive: Parkland (k) Planning Areas PF -1 through PF -3, inclusive: Public Facilities 2. Permitted Uses. Notwithstanding the generality of the foregoing land use designations, Uses and Use Categories permitted within each Planning Area are set forth in Section E (Development Standards), Section G (Temporary Uses and Structures) and Section J (Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are defined in Exhibit I of this PUD Guide. E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD. 1. General. (a) The following Development Standards shall govern development of the referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use Categories and all Uses within each Use Category, together with Accessory Uses, Primary Structures and Accessory Structures relating to such Uses. Within each individual Planning Area, such Uses are designated as Uses by Right, Special Review Uses or Excluded Uses. A Use by Right within a particular Planning Area includes all Uses within the specified Use Category except to the extent specifically designated as a Special Review Use or an Excluded Use. (b) Where particular Uses within a Use Category are listed as Uses by Right within a particular Planning Area and the Use Category also is listed as a Use by Right, such particularly listed Uses shall be construed as examples and clarifications of the Use Category and 999369.9 8 not as limitations on other Uses within the Use Category being developed as Uses by Right. Where particular Uses within a Use Category are listed as Uses by Right with a particular Planning Area but the Use Category is not listed as a Use by Right, such particularly listed Uses shall be construed as Uses by Right that are exceptions to the Use Category itself not being a Use by Right. (c) Temporary Uses may be permitted on a case by case basis, even though such Uses otherwise may be within a Use Category that is not permitted within the applicable Planning Area. (d) All Uses, Buildings and Structures within The Village (at Avon) PUD are subject the Design Review Guidelines, the Design Covenant, and prior written approval of the Design Review Board. For the avoidance of doubt, except as expressly set forth in this PUD Guide, the Town shall have no jurisdiction over design review with respect to The Village (at Avon). 2. Planning Area A - Village Center Mixed Use Project. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.2(b) below or specifically excluded in Section E.2(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses; provided, however, no single retail business shall occupy more than 65,000 of consolidated Gross Square Footage. (ii) Animal Boarding (excluding outdoor Animal Boarding), subject to review and written approval by the Design Review Board authorizing such Use. (iii) Kennels (excluding outdoor Kennels), subject to review and written approval by the Design Review Board authorizing such Use. (iv) Residential Uses. (v) Mixed Use Projects; provided, however, (a) no Uses specifically excluded in Section E.2(c) below shall be included in such Mixed Use Project, (b) no Uses specifically identified as Special Review Uses in Section E.2(b) below shall be included except pursuant to the review and approval processes set forth in Section F below, and (c) Light Industrial Use(s) are subject to the limitation set forth in subsection (vi) above. (vi) Light Industrial Uses; provided, however, such Use must be developed as part of a Mixed Use Project which includes Commercial Use(s). (vii) Educational facilities including, but not limited to public and private schools, universities, and colleges. (viii) Cabled Telecommunications Equipment, Cabled Telecommunications Facilities and Cabled Telecommunications Services (each of the 999369.9 9 foregoing being subject to review and written approval by the Design Review Board authorizing such Use). (ix) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use). (x) Dry Utilities (subject to review and written approval by the Design Review Board authorizing such Use). (xi) Infrastructure. (xii) Indoor recreation and/or entertainment facilities. (xiii) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xiv) Parks and Open Space. (xv) Tramways, gondolas and lifts. (xvi) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xvii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (xviii) Agricultural Use (as an Interim Use only). (xix) Rodeo and ancillary carnival (as an Interim Use only). (xx) Recycling Facility (as an Interim Use only). (xxi) Snow storage (as an Interim Use only). (xxii) Mobile Home office/storage Use (as an Interim Use only). (xxiii) Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales (as an Interim Use). (xxiv) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xxv) Construction staging (as an Interim Use only). (xxvi) Additional Uses which the Director determines to be similar to uses by right. 999369.9 10 (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Single retail businesses occupying more than 65,000 of consolidated Gross Square Footage. (ii) Minor Automobile Repair Shops. (iii) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval by the Design Review Board authorizing such Use). (iv) Heliport (subject to review and written approval by the Design Review Board authorizing such Use). (v) Service Station (for the sale of only electric form of fuel for motorized vehicles). (vi) Recycling Facilities. (c) Excluded Uses: (i) Animal Boarding (outdoor). (ii) Family Child Care Home. (iii) Group Home. (iv) Heavy Industrial Uses. (v) Kennels (outdoor). (vi) Mobile Homes. (vii) Major Automobile Repair Shops. (viii) Outdoor Storage. (ix) Recycling Processing Facility. (x) Service Station, except as specifically identified as a Special Review Use in Section E.2(b). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: None, except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and the flood plain of live streams. 999369.9 11 (ii) Maximum Building Height: 80 feet for areas north of Main Street. 55 feet for areas south of Main Street. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: Not applicable. (f) Residential Density Maximum: Not applicable. (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 3. Planning Area B -Community Facilities. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.3(b) below or specifically excluded in Section E.3(c) below, the following Primary Uses and Accessory Uses: (i) Community Facilities and related amenities as may be mutually approved by the Town and the Design Review Board. (ii) Agricultural Use (as an Interim Use only). (iii) Infrastructure. (iv) Dry Utilities (subject to review and written approval by the Design Review Board authorizing such Use). (v) Snow storage (as an Interim Use only). (vi) Water storage and water resource management facilities. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). (c) Excluded Uses: (i) Commercial Uses. 999369.9 12 (ii) Residential Uses. (iii) Industrial Uses. (iv) Mixed Use Projects (except as specifically included as a Use By Right in Section E.3(a) above). (d) Building Envelope Requirements: (i) Minimum Building Setbacks: 25 feet from the adjacent road right-of-way. 20 feet from property line abutting Planning Area A. None from property line abutting Main Street. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: 20% (iv) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 4. Planning Areas C and D - Village Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section EA(b) below or specifically excluded in Section EA(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Agricultural Use (as an Interim Use only). (iii) Community Facilities. (iv) Child Care Center. (v) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (vi) Hospitals, Long-term Care Facilities and other medical facilities including, but not limited to clinics, independent and assisted living facilities (including 999369.9 13 cafeteria and food preparation areas), group and congregate care facilities and nursing homes. (vii) Mixed Use Projects (provided, however, no Uses specifically excluded in Section E.4(c) below shall be included in such Mixed Use Project, and no Uses specifically identified as Special Review Uses in Section E.4(b) below shall be included except pursuant to the review and approval processes set forth in Section F below). (viii) Commercial Parking, Private Parking and Public Parking, including but not limited to Parking Structures, Bus Stops, Bus Shelters, tramways, gondolas and lifts. (ix) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (x) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (subject to review and written approval of such Use by the Design Review Board). (xi) Infrastructure. (xii) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (xiii) Churches, museums, libraries and public buildings. (xiv) Indoor recreation and/or entertainment facilities. (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvi) Parks and open space. (xvii) Family Child Care Home. (xviii) Minor Home Occupations. (xix) Emergency heliport accessory to a Hospital (subject to review and written approval by the Design Review Board authorizing such Use) (xx) Snow storage (as an Interim Use only). (xxi) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xxii) Construction staging (as an Interim Use only). 999369.9 14 Right. uses by right. (xxiii) Accessory Uses and Structures customarily appurtenant to Uses by (xxiv) Additional Uses which the Director determines to be similar to (xxv) Planning Area C Only: (1) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xxvi) Planning Area D Only: (1) Property that has frontage on Main Street only: Commercial Uses; provided, however, a. No single retail business shall exceed 60,000 in consolidated Gross Square Footage); b. Animal Boarding (excluding outdoor Animal Boarding) is subject to review and written approval by the Design Review Board authorizing such Use; and C. Kennels (excluding outdoor Kennels) are subject to review and written approval by the Design Review Board authorizing such Use. (2) Recycling Facility and accessory trash facility (as an Interim Use only). (xxvii) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Within Planning Area C: (1) Mixed Use Projects (provided, however, no Uses specifically excluded in Section EA(c) below shall be included in such Mixed Use Project). (2) Hotel, Motel and Lodge. (ii) Within areas of Planning Areas D that have frontage on Main Street only: 999369.9 15 (1) Commercial Uses having a single retail business exceeding 60,000 in consolidated Gross Square Footage. (2) Educational facilities including, but not limited to public and private schools, universities, and colleges. (3) Light Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use); (4) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval by the Design Review Board authorizing such Use). (5) Minor Automobile Repair Shops. (6) Major Home Occupations. (c) Excluded Uses: (i) Animal Boarding (outdoor). (ii) Family Child Care Home. (iii) Group Home. (iv) Heavy Industrial Uses. (v) Kennels (outdoor). (vi) Mobile Homes. (vii) Major Automobile Repair Shops. (viii) Outdoor Storage. (ix) Recycling Processing Center. (x) Service Stations. (xi) Within Planning Area C: (1) Light Industrial Uses. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet 999369.9 16 (2) Side: 20 feet (3) Rear: 20 feet (ii) Maximum Building Height: (1) Hospital: 80 feet. (2) All other Uses: 55 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: Not applicable. (f) Residential Density Maximum: Not applicable. (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 5. Planning Area E - School. (a) Purpose: To mitigate the impact of the Residential Uses proposed for development within The Village (at Avon) by providing land for school needs generated by the Residential Uses proposed for development within The Village (at Avon) directly for the benefit of the children of the Town as reasonably necessary to serve The Village (at Avon) and future residents thereof. (b) Uses by Right: The following Primary Uses and Accessory Uses: (i) Educational uses, limited to use as a state licensed educational facility serving grades K-12 (or any portion of such grades). (ii) Agricultural Use (as an Interim Use only). (iii) Subject to prior written approval from the Design Review Board authorizing such Uses, the following education -related Uses: (1) Child Care Facilities. (2) Pre-school facilities. (3) Community/adult educational facilities. 999369.9 17 (4) Cultural and/or art classes. (5) Recreational facilities. (6) Museums. (iv) Infrastructure. (v) Dry Utilities. (vi) Such other cultural/community service oriented Uses and facilities as the Design Review Board may authorize in writing. (c) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Front: 25 feet (2) Side: 20 feet (3) Rear: 20 feet (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (d) Parking Requirements: As set forth in the Parking Regulations. (e) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (f) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.6(b) below or specifically excluded in Section E.6(c) below, the following Primary Uses and Accessory Uses: (i) Commercial Uses. (ii) Residential Uses. (iii) Mixed Use Projects (provided, however, no Uses specifically excluded in Section E.6(c) below shall be included in such Mixed Use Project, and no 999369.9 18 Uses specifically identified as Special Review Uses in Section E.6(b) below shall be included except pursuant to the review and approval processes set forth in Section F below). (iv) Agricultural Uses (as an Interim Use only). (v) Educational facilities including, but not limited to public and private schools, universities, and colleges. (vi) Community Facilities. (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (ix) Infrastructure. (x) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Churches, museums, libraries and public buildings. (xiii) Indoor recreation and/or entertainment facilities that do not include the use of amplified music. (xiv) Outdoor entertainment facilities that include the use of amplified music (subject to review and written approval of such Use by the Design Review Board). (xv) Outdoor recreation and/or entertainment facilities that do not include the use of amplified music. (xvi) Parks and open space. (xvii) Child Care Center. (xviii) Animal Boarding (excluding outdoor Animal Boarding), subject to review and written approval by the Design Review Board authorizing such Use (xix) Kennels (excluding outdoor Kennels), subject to review and written approval by the Design Review Board authorizing such Use. 999369.9 19 (xx) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xxi) Construction staging (as an Interim Use only). (xxii) Planning Areas F and I Only: (1) Agricultural Use (as an Interim Use only). (2) Recycling Facility. (3) Heliport (subject to review and written approval by the Design Review Board authorizing such Use). (xxiii) Planning Area H Only: (1) Building and vehicle maintenance facilities and operations (subject to review and written approval by the Design Review Board Authorizing such Use). (xxiv) Planning Area I Only: (1) Pedestrian and vehicular bridges, bridge abutments and improvements reasonably related thereto. (2) Minor Automobile Repair Shops. (3) Major Automobile Repair Shops (subject to review and written approval by the Design Review Board authorizing such Use). (4) Light Industrial Uses. (xxv) Additional Uses which the Director determines to be similar to uses by right. (xxvi) Accessory Uses and Structures customarily appurtenant to the foregoing Uses by Right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Service Station (subject to review and written approval by the Design Review Board authorizing such Use). (ii) Animal Boarding (outdoor), subject to review and written approval by the Design Review Board authorizing such Use (iii) Kennels (outdoor), subject to review and written approval by the Design Review Board authorizing such Use. 999369.9 20 (iv) Planning Areas G and H Only: (1) Heliport (subject to review and written approval by the Design Review Board authorizing such Use). (v) Planning Areas F, G and H Only: (1) Animal Boarding (outdoor). (2) Kennels (outdoor). (vi) Planning Area I Only: (1) Heavy Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use). (c) Excluded Uses: (i) Planning Areas F, G and H: (1) Heavy Industrial Uses. (2) Major Automobile Repair Shops. (3) Family Child Care Home. (4) Group Home. (5) Mobile Homes. (6) Recycling Processing Center. (d) Building Envelope Requirements: (i) Minimum Building Setbacks: (1) Commercial Uses: a. Front: 25 feet b. Side: None. C. Rear: 20 feet (2) Industrial and Residential Uses: a. Front: 25 feet b. Side: 20 feet. 999369.9 21 C. Rear: 20 feet (3) Vertically -integrated Mixed Use Projects: a. Front: 25 feet b. Side: None. C. Rear: 20 feet (ii) Maximum Building Height: (1) Commercial Uses: a. Hospital: 80 feet. b. All other Commercial Uses: 48 feet. (2) Industrial Uses: 48 feet. (3) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi -family: 48 feet. (4) Vertically -integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: (i) Planning Areas F, G and H: Not applicable. (ii) Planning Area I only: Not applicable; provided, however, that until such time as a secondary road access to Planning Area I is constructed and open for use, no building permits may be issued for Commercial Uses or Industrial Uses. (f) Residential Density Maximum: (i) Planning Areas F, G and H: Not applicable. (ii) Planning Area I only: Not applicable; provided, however, that until such time as a secondary road access to Planning Area I is constructed and open for use, building permits may be issued for no more than 280 Dwelling Units for Planning Area I (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). 999369.9 22 (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 7. Planning Area J — Regional/Neighborhood Commercial and Residential Mixed Use Projects. (a) Uses by Right: Except as specifically identified as Special Review Uses in Section E.7(b) below or specifically excluded in Section E.7(c) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Commercial Uses. (iii) Mixed Used Projects. (iv) Minor Automobile Repair Shops (subject to review and written approval by the Design Review Board authorizing such Use). (v) Community Facilities. (vi) Agricultural Use (as an Interim Use only). (vii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (viii) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (ix) Infrastructure. (x) Dry Utilities. (xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (xii) Recreational facilities. (xiii) Parks and open space. 999369.9 23 (xiv) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xv) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xvi) Construction staging (as an Interim Use only). (xvii) Additional uses which the Director determines to be similar to uses by right. (xviii) Accessory Uses and Structures customarily appurtenant to uses by right. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Light Industrial Uses (subject to review and written approval by the Design Review Board authorizing such Use). (ii) Churches, museums, libraries and public buildings. (iii) Child Care Center. (c) Excluded Uses: (i) Major Automobile Repair Shops. (d) Building Envelope Requirements: (i) Building Setback Requirements: (1) Residential and Light Industrial Uses: a. Front: 20 feet (except as provided below). b. Side: 20 feet (except as provided below). C. Rear: 20 feet (except as provided below). (2) Commercial Uses: a. Front: 20 feet (except as provided below). b. Side: None (except as provided below). C. Rear: 20 feet (except as provided below). 999369.9 24 (3) Notwithstanding the foregoing, the minimum Building Setback within areas abutting the Interstate 70 right-of-way shall be: a. Commercial Uses and Light Industrial Uses: 10 feet. b. Residential Uses: 40 feet. (ii) Maximum Building Height: (1) Commercial and Light Industrial Uses: 48 feet. (2) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi -family: 48 feet. (3) Vertically -integrated Mixed Use Projects: 48 feet. (iii) Maximum Site Coverage: 80% (iv) Minimum Lot Area: Not applicable. (e) Commercial Density Maximum: Not applicable. (f) Residential Density Maximum: Not applicable. (g) Parking Requirements: As set forth in the Parking Regulations. (h) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (i) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 8. Planning Area K - Hillside Residential. (a) Uses by Right: Except as specifically excluded in Section E.8(b) below, the following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Agricultural Use (as an Interim Use only). (iii) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). 999369.9 25 (iv) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (v) Infrastructure. (vi) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (vii) Recreational facilities. (viii) Parks and open space. (ix) Wedding facilities (subject to review and written approval of such Use by the Design Review Board). (x) Cemetery (subject to review and written approval of such Use by the Design Review Board). (xi) Public Facilities. (xii) Community Facilities. (xiii) Homeowner association facilities including, but not limited to, a caretaker unit (as a Secondary Structure), clubhouse and restaurant, community meeting facilities, recreational facilities, and other similar facilities and amenities. (xiv) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xv) Construction staging (as an Interim Use only). (xvi) Accessory Uses and Structures customarily appurtenant to uses by right. (xvii) Additional uses which the Director determines to be similar to uses by right. (b) Excluded Uses: (i) Commercial Uses (excluding cemetery, wedding facilities and restaurant Uses). (ii) Industrial Uses. (c) Building Envelope Requirements: The layout, location, size and number of Lots within Planning Area K as depicted on the PUD Master Plan are conceptual, non-binding and provided only for illustrative purposes only. The precise layout, location, size and number 999369.9 26 of Lots and the precise location of the Building Envelope for each Lot within Planning Area K will be as established by and reflected in the Final Plat creating the Lot, and shall be based on various site specific features of the Lot such as the topography, grade, natural vegetation and similar matters, but shall generally comply with the following requirements unless such compliance is determined to be impractical or unreasonable. (i) Minimum Building Setbacks: (1) Front: 25 feet (except as set forth below). (2) Side: 20 feet (except as set forth below). (3) Rear: 20 feet (except as set forth below). (4) For Lot 1: 20 feet from the property line, except as otherwise required to accommodate utilities, drainage, access, fire and building code regulations, and the flood plain of live streams. (ii) Maximum Building Height: (1) Residential Uses: a. Single-family or duplex: 35 feet. b. Multi -family: 48 feet. (2) Homeowner association amenities, Community Facilities and Commercial Uses: 35 feet. (iii) Maximum Site Coverage: As to be set forth as the Building Envelope for each Lot on the Final Plat creating the applicable Lot. (iv) Minimum Lot Area: 1 acre. (d) Commercial Density Maximum: Not applicable. (e) Residential Density Maximum: 280 Dwelling Units in the aggregate for Planning Area K and Planning Area RMF -1 (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 9. Planning Areas RMF 1 and RMF 2 - Residential Multi -Family. 999369.9 27 (a) Uses By Right: The following Primary Uses and Accessory Uses: (i) Residential Uses. (ii) Community Facilities. (iii) Commercial Parking, Private Parking and Public Parking. (iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts. (v) Agricultural Use (as an Interim Use only). (vi) Child Care Center. (vii) Independent and assisted living facilities (including cafeteria and food preparation areas). (viii) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings and short-term rentals. (ix) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (x) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing subject to review and written approval of such Use by the Design Review Board). (xi) Infrastructure. (xii) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (xiii) Recreational facilities. (xiv) Temporary real estate offices and construction offices. (xv) Residential management office. (xvi) Planning Area RMF -1 only: (1) Wedding facilities (2) Restaurant (xvii) Planning Area RMF -2 only: (1) Pedestrian bridges. 999369.9 28 (xviii) Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF -2) only: (1) Commercial Uses. (2) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (xix) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xx) Construction staging (as an Interim Use only). (xxi) Accessory Uses and Structures customarily appurtenant to uses by right. (xxii) Additional uses which the Director determines to be similar to uses by right. (b) Excluded Uses: (i) Commercial Uses (except as specifically included in Section 9(a)). (ii) Industrial Uses. (iii) Mobile Homes. (c) Building Envelope Requirements: (i) Building Setback Requirement: (1) Front: 25 feet. (2) Side: 20 feet. (3) Rear: 20 feet. (ii) Maximum Building Height: (1) Single-family or duplex: 35 feet. (2) Multi -family: 48 feet. (3) Commercial: 48 feet. (iii) Maximum Site Coverage: 80%. (iv) Minimum Landscaped Area: 20%. 999369.9 29 (v) Minimum Lot Area: Not applicable. (d) Commercial Density Maximum: (i) Planning Area RMF -2: Not applicable. (ii) Planning Area RMF -1: Not applicable. (e) Residential Density Maximum: (i) Planning Area RMF -2: Not applicable. (ii) Planning Area RMF -1: 280 Dwelling Units in the aggregate for Planning Area K and Planning Area RMF -1 (provided that Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling Unit). (f) Parking Requirements: As set forth in the Parking Regulations. (g) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (h) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 10. Planning Areas P1 -P3: Parkland. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.10(b) below or specifically excluded in Section E.10(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Construction/building material staging area (as an Interim Use only). (iii) Community Facilities (subject to review and written approval of such Uses by the Design Review Board). (iv) Equestrian, pedestrian and bicycle trails. (v) Landscape improvements. (vi) Indoor and outdoor, sports, training and recreation facilities (subject to review and written approval of such Uses by the Design Review Board). (vii) Lakes, ponds, reservoirs and irrigation ditches. (viii) Parks, picnic facilities and temporary entertainment for special events. 999369.9 30 (ix) Infrastructure. (x) Dry Utilities (subject to review and written approval of such Uses by the Design Review Board). (xi) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (xii) Construction staging (as an Interim Use only). (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (c) Excluded Uses: (i) Residential Uses. (ii) Commercial Uses. (iii) Industrial Uses. (d) Building Envelope Requirements: (i) Building Setback Requirement: No minimum except must be sufficient to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (ii) Maximum Building Height: 20 feet. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 11. Planning Areas OS 1 — OS7: Natural Open Space. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.11(b) below or specifically excluded in Section E.11(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). 999369.9 31 (ii) Equestrian, pedestrian and bicycle trails. (iii) Landscape improvements. (iv) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (v) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (vi) Infrastructure. (vii) Dry Utilities (subject to review and written approval of such Uses by the Design Review Board). (viii) Snow storage. (ix) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings; provided, however, such uses which are located in Planning Area OS6 shall be oriented on a generally north -south axis. (x) OSI — OS4 and OS7: (1) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD (as an Interim Use only). (2) Construction staging (as an Interim Use only). (xi) OSI — OSS and OS7: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. (xii) OSS and OS6 (subject to review and written approval of such Uses by the Design Review Board): (1) Community Facilities. (2) Recreational Uses including public river access. (3) Pedestrian and vehicular access, roads, bridges, bridge abutments and improvements reasonably related thereto. 999369.9 32 (xiii) OS3: (1) Off-site monumentation (provided that the Design Review Board has exclusive authority regarding review and approval of all signs, including monumentation, within The Village (at Avon) PUD). (b) Special Review Uses: (i) OS6 only: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking (subject to review and written approval of such Uses by the Design Review Board). (c) Excluded Uses: All Uses other than Uses by Right and Special Review Uses specifically listed above. (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: Not applicable. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Lot Area: Not applicable. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section J below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. 12. Planning Areas PF -1 — PF -3: Public Facility. (a) Uses By Right: Except as specifically identified as Special Review Uses in Section E.12(b) below or specifically excluded in Section E.12(c) below, the following Primary Uses and Accessory Uses: (i) Agricultural Use (as an Interim Use only). (ii) Public Facilities. 999369.9 33 (iii) Landscape improvements. (iv) Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (v) Wireless Telecommunications Equipment, Wireless Telecommunications Facilities and Wireless Telecommunications Services (each of the foregoing being subject to review and written approval of such Use by the Design Review Board). (vi) Infrastructure. (vii) Dry Utilities (subject to review and written approval of such Use by the Design Review Board). (viii) Within Tract E, Final Plat, The Village At Avon Filing 3 (Planning Area PF -3), and Tract F, Final Plat, The Village At Avon Filing 3 as amended (Planning Area PF -2), in accordance with and subject to the terms and conditions of Ordinance No. 06-16: (1) emergency services facilities such as ambulance, fire protection; and (2) similar uses and services as determined by the Director. (b) Special Review Uses: The following Uses shall be permitted pursuant to the review and approval processes set forth in Section F below: (i) Lakes, ponds, reservoirs and irrigation ditches. (ii) Park and picnic facilities and related parking. (c) Excluded Uses: All Uses other than Uses by Right and Special Review Uses specifically listed above. (d) Building Envelope Requirements: (i) Building Setback Requirement: Not applicable. (ii) Maximum Building Height: 35 feet. (iii) Maximum Site Coverage: Not applicable. (iv) Minimum Landscaped Area: 20%. (v) Minimum Lot Area: Not applicable. (e) Parking Requirements: As set forth in the Parking Regulations. 999369.9 34 (f) Supplemental Regulations: All development is further subject to the supplemental regulations set forth in Section 7 below. (g) Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide. F. SPECIAL REVIEW USE. 1. Special Review Use Permit. (a) A Special Review Use shall require a special review use permit prior to the issuance of a building permit or the commencement of the use identified as a Special Review Use in the Development Standards. (b) A Special Review Use shall not be considered a Use by Right without review and approval, as set forth in Section F.2 below, nor shall a Special Review Use be permitted unless the Design Review Board approves a development plan for the applicable site. (c) The procedural and substantive requirements set forth in this Section F constitute the sole and exclusive Special Review Use regulations applicable within The Village (at Avon) PUD and expressly supersede any additional or conflicting provisions of the Municipal Code. 2. Application Filing and Processing. (a) An Application with required materials (see Section F.3 below) shall be filed with Community Development. Only complete submittals shall be accepted. (b) Staff shall review the Application in accordance with the criteria established in this section and present the Application at a public hearing before the Planning and Zoning Commission in accordance with Section 7.16.020(e) of the Development Code, as amended. (c) Developments and uses granted by special review use permit shall be developed or established in accordance with the timeframe provided in the approved special review use permit, or within two years of the date of approval if the timeframe is not established in the approved special review use permit. Subject to extension in accordance with subsection 6(b) below, failure to develop or establish such development or Uses in accordance with the timeframe established on the permit (or two years from the date of approval if no timeframe is established on the permit) shall result in the expiration of the permit. (d) A special review use permit is valid as long as conditions of approval are maintained by the Applicant, unless a specific time limit for the use is set forth as part of the approval. Subject to extension in accordance with subsection 6(b) below, if an approved Use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. 999369.9 35 (e) If the conditions of a permit become the responsibility of a person or entity other than the Applicant, Community Development shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the Applicant shall remain responsible. Such notice shall be attached to the permit on file at Community Development. (f) If conditions of approval are not maintained, it shall be considered a violation of the Development Plan and the special review use permit shall be subject to revocation proceedings in accordance with the applicable provisions of the Municipal Code, the Design Review Guidelines and the Design Covenant. 3. Submittal Requirements for Special Review Use. Only complete submittals shall be accepted. No Application shall be deemed complete unless the Applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular permit being requested: (a) A complete special review use permit Application and required fee; (b) A legal description of the parcel; (c) A site plan showing proposed Uses and structures on the property; (d) Scaled elevations and/or perspective drawings of any proposed structures; (e) A proposed development schedule indicating: (i) Date of the beginning of the Use and/or construction; (ii) Phases in which the project may be developed and the anticipated rate of development; (iii) The anticipated date of completion of the project; (f) Any agreements, provisions or covenants to be recorded; (g) Restoration or reclamation plans shall be required for all Uses requiring extensive grading, for extractive Uses, and may be required for other Uses as necessary; (h) A statement regarding any provisions for proper ongoing maintenance of the Use and site; (i) Any additional materials, which, in the opinion of the Director, are necessary to adequately review the Application. 4. Condition Precedent to Town Approval. It shall be a condition precedent to the approval of an Application for a special review use permit that such Application is, prior to approval, accompanied by a certificate of approval executed by the President of the Design Review Board evidencing the Design Review Board's review and approval of the proposed Use 999369.9 36 and the associated site plans, elevations, drawings, development schedule and other required documents, as applicable. 5. Criteria for Review, Recommendation, and Approval of Special Review Uses. The staff and the planning and zoning commission shall consider the following criteria when evaluating an Application for a special review use permit: (a) Whether the proposed Use otherwise complies with all requirements imposed by the Development Plan; (b) Any significant impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the Use will be mitigated to the extent practicable; (c) The demand, if any, for public services or infrastructure exceeding current capacity is mitigated as reasonably practical. 6. Amendments to Special Review Use Permit. (a) No approved Special Review Use may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion (i) receives the prior approval of the planning and zoning commission, which shall be obtained by repetition of the granting procedures provided in this Section F; or (ii) qualifies as a "minor expansion" and receives the prior approval of the Director, which minor expansion shall processed and a decision administratively rendered. For purposes of this Section F, a "minor expansion" is a modification to an approved Special Review Use that does not result in more than a 25% increase in consolidated Gross Square Footage of such Use and does not result in more than a 25% increase in the size of the Site for such Use. (b) Prior to the expiration date of a special review use permit due to cessation of an approved Special Review Use for any reason for a period of one year or due to failure to develop or establish an approved Special Review Use in accordance with the timeframe established on the permit (or two years from the date of such approval if no timeframe is established on the permit) as provided for in subsection 2 above, an Applicant may request, in writing, approval of an extension of such expiration date and the Director may administratively approve up to a one-year extension of an approved Special Review Use. G. TEMPORARY USES AND STRUCTURES. 1. Temporary Use Permit. (a) Except as otherwise provided in this PUD Guide with respect to Interim Uses (which Uses shall not be considered Temporary Uses and shall not be subject to this Section G), a Temporary Use shall require a temporary use permit prior to the issuance of a building permit or the commencement of such Temporary Use (excluding "exempt" Temporary Uses as indentified in the Development Code). 999369.9 37 (b) A Temporary Use shall not be permitted without review and approval, as set forth in this Section G; nor shall a Temporary Use be approved unless the Design Review Board approves such Use in writing and/or approves, as applicable, a development plan for the applicable Site. (c) Except as superseded, amended or supplemented by the provisions of this Section G, the procedural and substantive requirements set forth in the Development Code for Temporary Uses and temporary structures shall apply within The Village (at Avon) PUD. If there is any express or implied conflict between the terms and conditions of this Section G and the terms and conditions of the Municipal Code, this Section G shall control. 2. Condition Precedent to Town Approval. It shall be a condition precedent to the approval of an Application for a temporary use permit that such Application is, prior to approval, accompanied by a certificate of approval executed by the President of the Design Review Board evidencing the Design Review Board's review and approval of the proposed Use and the associated site plans, elevations, drawings, development schedule and other required documents, as applicable. 3. Application Filing and Processing. (a) An Application with required materials shall be filed with Community Development in accordance with the Development Code (b) Staff shall review the Application in accordance with the criteria established in Section 7.24.080 of the Development Code and administratively process the Application or present the Application at a public hearing before the Planning and Zoning Commission in accordance with Section 7.24.080 of the Development Code. (c) Notwithstanding any provision of the Development Code to the contrary, the Design Review Board shall have sole and exclusive authority regarding review and approval of all signs associated with a Temporary Use or structure. Any such signs approved by the Design Review Board shall be removed by the Applicant upon the earlier of the cessation of the Temporary Use activity or expiration of the temporary use permit. H. SUBDIVISION. 1. Multiple Buildings on Single Lot or Superblock. Within The Village (at Avon) PUD, multiple Buildings and/or Structures may be constructed upon a single Lot or Superblock without the requirement of further subdivision into individual Lots so long as the real property comprising the single Lot or Superblock upon which such Buildings and/or Structures are situated is held in common fee ownership by a single Landowner. A ground lessee or lessee of a Building or Structure shall not be deemed to be a Landowner, and no further subdivision into individual Lots shall be required for ground leases or leases of Building or Structure within The Village (at Avon) PUD. 2. Administrative Subdivision Process. (a) Administrative Review and Approval. 999369.9 38 (i) The procedural and substantive requirements set forth in this Section H.2 constitute the sole and exclusive subdivision regulations applicable within The Village (at Avon) PUD and expressly supersede any additional or conflicting provisions of the Municipal Code. (ii) Subdivisions, subdivision amendments and re -subdivisions within The Village (at Avon) PUD (including without limitation, any amendments to or re - subdivisions of Lot 1, Final Plat of The Village (at Avon) Filing 1) shall require Final Plat review and approval only (no Preliminary Plan approval shall be required), provided that the Applicant first submits to Community Development an illustrative drawing depicting the proposed layout of Lots and streets within the proposed subdivision. (iii) Subdivision review and approval shall not be required for any division of land excepted from the subdivision process in accordance with Section 7.16.070 of the Development Code or for any of the following: (1) Dedication of land for right-of-way or other public use, or conveyances relating to the vacation of land designated for public use; (2) Correction of a legal description in a prior conveyance; (3) Any transfer by operation of law or bequest; (4) Lease of property for any period of time; (5) Division of land created by the foreclosure, or provision of deed -in -lieu of foreclosure, of a lien, mortgage, deed of trust or any other security instrument. (b) Final Plat Application Filing and Processing. (i) An application with required materials (see Subsection H.2(c) below) shall be filed with Community Development. Only complete submittals shall be accepted. (ii) Subject to Subsection H.2(e), staff and the Director shall review the application in accordance with the criteria established in this section and the Director shall administratively render a decision on the Final Plat in accordance with the criteria for review and approval of this section. As set forth in Section J.8 of this PUD Guide, requested variances, if any, from the Town Development Standards (Section 7.28 of the Development Code, as amended from time to time) or Town Engineering Improvements Standards (Section 7.32 of the Development Code, as amended from time to time) will be considered by the Town. (iii) Except as set forth in Subsection H.2(e), no public notice requirements shall apply to processing and approval of Final Plats within The Village (at Avon). 999369.9 39 (iv) Prior to the Director rendering a decision to reject or deny a Final Plat, the Director shall give the Applicant prior written notice of the Director's intent to reject or deny such Application, which notice shall include a detailed accounting of the reasons for such intended rejection or denial and proposed recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have an opportunity to amend such Application prior to the Director finally rejecting or denying the Final Plat. (v) The Director's decision may be appealed to the Town Council pursuant to Section 7.16.160 of the Development Code. (vi) The approved Final Plat shall be recorded within 90 days from the date of approval. If the Final Plat is not recorded in such timeframe, the approval shall be deemed voidable in the discretion of the Director. If the Director gives written notice that the Final Plat is void pursuant to this section, such Final Plat shall not thereafter be recorded; provided that if a Final Plat is recorded after 90 days from the date of approval, such recordation shall be conclusive evidence that the Final Plat is not void and is in full force and effect. (c) Submittal Requirements for Final Plat Application. Only complete submittals shall be accepted. No application shall be deemed complete unless the applicant has submitted to Community Development any or all of the following materials which are, in the opinion of the Director, relevant to the particular Final Plat being requested: (i) A complete Final Plat application and required fee; (ii) A legal description of the parcel; (iii) Title commitment; (iv) Survey plat; (v) SFE water allocation assigned to the property, as applicable; (vi) Utility approval and verification form; (vii) Final plat; (viii) Public improvements agreement, as applicable; (ix) Transportation impact study; (x) Drainage study; (xi) Street plan and profiles. With respect to any submittal item, if the Applicant disagrees with the determination of the Director with respect to the required substance or quality of such submittal item, the Town and the Applicant shall jointly appoint a third party having experience in engineering and subdivision 999369.9 40 matters to review the Application and decide upon the appropriateness of the required substance and quality of such submittal item. Such third parry's determination as to the required substance or quality of such submittal item shall be binding upon the Town and the Applicant. (d) Criteria for Review and Approval of Final Plat. The Director shall consider the following criteria when evaluating an application for Final Plat approval: (i) The proposed subdivision shall comply with all applicable Use, density and dimensional standards set forth in the Development Plan that would affect the layout of Lots, blocks and streets; (ii) There are adequate public facilities for potable water supply, sewage disposal (or if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations), solid waste removal, electrical supply, fire protection and streets; (iii) The proposed road extensions are consistent with the Development Plan; (iv) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, have provided "capacity to serve" letters for the proposed subdivision; (v) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of such areas is compatible with such conditions or adequate mitigation is proposed; (vi) The subdivision application addresses the responsibility for maintaining all streets, open spaces, and other public and common facilities in the proposed subdivision; (vii) The legal descriptions of all Lots and other parcels within the proposed subdivision close and contain the entirety of the area indicated; (viii) The Final Plat is correct in accordance with surveying and platting standards of the State of Colorado; (ix) The Final Plat substantially complies with all generally applicable technical standards adopted by the Town, except where (a) modified or superseded by this PUD Guide; (b) alternative equivalent compliance has been granted as contemplated in Section J.8; (c) a variance has been granted in accordance with the provisions of the Development Code; or (d) otherwise waived by the Director. (e) Material Modification to Street Extensions or Alignments. (i) If there is any express or implied conflict between the terms and conditions of the Development Plan and the terms and conditions of the Transportation Master Plan, the Development Plan shall control. 999369.9 41 (ii) If the street extension(s) and/or street alignment(s) proposed by the Final Plat Application (or re -subdivisions of or amendments thereto) are materially inconsistent with the following requirements, the Director may, in the Director's sole discretion, determine that such Application shall not be subject to administrative processing and approval and may direct that the Application be submitted to Town Council for a decision: (1) [Town to propose material street extension and alignment requirements for applicant's review.] (iii) Notice of the Town Council meeting on the Final Plat Application shall be given in accordance with Section 7.16.020(d) of the Development Code. (iv) Town Council shall consider the criteria set forth in Subsection H.2(d) when evaluating an application for Final Plat approval, and shall render a decision on the Final Plat Application after conducting a public hearing. (f) Re -subdivisions of and Amendments to Final Plats. Subject to Subsection H.2(e), any re -subdivisions of or amendments to approved Final Plats within The Village (at Avon) shall be processed and a decision rendered administratively in accordance with the procedures provided in this Subsection H.2. L DEVELOPMENT PLAN AMENDMENT PROCEDURES. 1. General. (a) Amendments to this PUD Guide and the PUD Master Plan may be processed by the Town either formally or administratively, with the determination of the applicable procedure to be made in strict compliance with the terms and conditions of this Section I and based on the intent of the Town and Master Developer that preference be given for application of the administrative amendment provisions. (b) During the term of the Vested Property Rights, no amendment to or variance from the terms of the Development Plan, and no application for rezoning of all or any part of the property included within The Village (at Avon) PUD, shall be accepted for processing, or approved or undertaken by the Town without the prior written consent of the Master Developer. (c) Any such amendment shall contain the statement required pursuant to Section 7.16.140(d) of the Development Code, shall be processed and otherwise implemented in compliance with the terms and conditions set forth in Section A.3 above, and shall create Vested Property Rights for the duration of the term set forth in Section A.3 above. No such amendment shall divest, limit or otherwise impair any Vested Property Right set forth in Section A.3 above. (d) Prior to the Director or Council, as applicable, rendering a decision to reject or deny an Application for an amendment to the Development Plan, the Director or Council, as applicable, shall give the Applicant prior written notice of the Director's, or Council's, as applicable, intent to reject or deny such Application, which notice shall include a 999369.9 42 detailed accounting of the reasons for such intended rejection or denial and proposed recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have an opportunity to amend such Application prior to the Director or Council, as applicable, finally rejecting or denying the Application. 2. Formal Amendments. Amendments to this PUD Guide or the PUD Master Plan which do not qualify for the administrative amendment process described in Section I.3 below shall follow the formal amendment process set forth in Section 7.16.060 of the Development Code, as amended, except that the provisions of Section I.1 above shall apply to all formal amendments of this PUD Guide and the PUD Master Plan. Nothing herein shall be deemed to prevent an Applicant from voluntarily choosing to apply for a formal amendment, or from appealing to Council or the courts the Director's determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. 3. Administrative Amendments. (a) Intent; Determination of Applicable Amendment Procedure. The intent of this Section I.3 is to provide a simplified amendment procedure for minor modifications to this PUD Guide and the PUD Master Plan. As used herein, the term "minor modifications" means an Application meeting the criteria stated subsection (b) below, which shall be processed and approved administratively. (b) Qualifying Administrative Amendments. An Application for administrative amendment that complies with (I) the specific criteria for approval set forth in subsections (i) through (iv) below, as applicable, shall be processed and approved administratively, and shall be entitled to a presumption of compliance with the general criteria for approval set forth in subsection (v) below; or (II) the general criteria for approval set forth in subsection (v) below shall be processed and approved administratively: (i) Road Alignments. Changes to public or private street locations, internal circulation design/pattern and/or traffic capacity of the overall road network within the Property that may require a confirming amendment to this PUD Guide and/or the PUD Master Plan shall be processed and approved administratively. (ii) Public Improvements. Amendments to the Development Agreement, if any, that affect the scope of public improvements may require a conforming administrative amendment to this PUD Guide and/or PUD Master Plan, if the revision affects Development Standards for a particular Site or Planning Area. (iii) Subdivision Related Changes Affecting Development Plans. If the Town approves any Preliminary Plan or Final Plat that incorporates any subdivision related element that is inconsistent or conflicts with any Development Standard or other element of this PUD Guide or the PUD Master Plan, including without limitation, any modifications to street extension(s) and/or street alignment(s) as described in Section H.2(e) of this PUD Guide, any conforming amendment to this PUD Guide or PUD Master Plan, as applicable, that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a 999369.9 43 conforming amendment to this PUD Guide or PUD Master Plan include, without limitation, lot line locations, right-of-way locations, internal public or private roadway locations, emergency access locations, utility locations, vacations, Planning Area boundaries, Building Envelope locations and/or areas, and other similar elements. Such conforming amendments shall apply only to the specific Lot(s) or Planning Area(s) affected by the Preliminary Plan or Final Plat the approval of which necessitated the conforming amendment. (iv) Planning Area Boundaries and Lot Lines. With the written consent of the Master Developer and written approval of the Design Review Board, an Applicant may amend the PUD Master Plan to increase or decrease the size of any Planning Area to conform the PUD Master Plan to an approved Final Plat or Application therefor that is being processed concurrently with such PUD Master Plan amendment. In addition, with the consent of the Master Developer and written approval of the Design Review Board, an Applicant may amend the PUD Master Plan to relocate or otherwise modify road alignments, Lot lines and Planning Area boundaries and locations due to site planning or engineering considerations that are not directly associated with an approved or in -process Final Plat or other Application. The foregoing PUD Master Plan amendments and any conforming amendments to this PUD Guide (to the extent that such modifications are necessary or desirable in connection with such PUD Master Plan amendments) shall be processed and approved administratively so long as the size of largest affected Planning Area is not increased or decreased by more than 10 percent. [In example, if Planning Area X is 30 acres and Planning Area Y is 10 acres and abuts Planning Area X, Planning Area X (being the larger of the two planning areas) may be increased by three acres (30 acres X 10% = 3 acres) and Planning Area Y may be decreased by the corresponding three acres, and such amendment to the PUD Master Plan shall be administratively approved.] (v) Compatible and Adequately Mitigated Modifications. In addition to the specific criteria for approval set forth in subsections (i) through (iv) above, the Director shall approve Applications that request modifications to Development Standards which comply with the following general criteria for approval: (1) are not materially incompatible with immediately adjacent Uses; and (2) are not fundamentally inconsistent with the Development Standards set forth in this PUD Guide other than the specific Development Standard addressed by the requested amendment; and (3) incorporate measures which adequately address significant impacts, if any, to immediately adjacent Uses. (c) Procedure. (i) Applicants must meet with the Director or his or her designated representative prior to submittal of an administrative amendment request (unless waived 999369.9 44 by the Director) in order to obtain input into the appropriateness of the request and the materials required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director shall determine, within fifteen (15) days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) If the administrative amendment request complies with subsections (b)(i) through (b)(v) above, as applicable, it shall be processed and approved administratively and the Director is authorized to approve the request. If the request does not comply with subsections (b)(i) through (b)(v), as applicable, Section I.2 above shall apply to the request. (iv) The Applicant may appeal any action or decision of the Director with respect to an administrative amendment request to Council by filing a written request for such appeal with the Town Clerk by not later than 5:00 p.m. on the 30th day following the action or decision being appealed. Such appeal may request a review of the Director's determination of an Application's eligibility for administrative processing and/or the Director's decision to deny approval of an administrative amendment request. (v) Upon approval of an administrative amendment, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as appropriate. Such revised documentation shall be signed by the Master Developer and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. 4. Modifications Not Requiring Amendment. (a) No amendment (formal or administrative) to the Development Plan, or applicable component thereof, shall be required to modify the following Development Standards: (i) Maximum and Minimum Development Standards. No amendment shall be required for (x) reductions to maximum Building Height and Site Coverage Development Standards, or (y) increases to minimum Building Setback, Lot Area and parking requirement Development Standards. (ii) Planning Area K Building Envelopes. No PUD Master Plan amendment or PUD Guide amendment shall be required with respect to the establishment of the final Building Envelope of a Lot or Site within Planning Area K, it being the intent of this PUD Guide that Building Envelopes within Planning Area K shall be established only pursuant to a Final Plat as otherwise set forth in this PUD Guide. (b) If a modification to this PUD Guide or the PUD Master Plan does not require an amendment pursuant to this Section I.4, the Applicant shall submit to Community Development a revised PUD Guide and/or a revised PUD Master Plan, as applicable, setting forth such modification. Such revised documentation shall be signed by the Master Developer 999369.9 45 and the owner(s) of record, will be kept on file at Community Development, and shall be recorded in the real property records for the County of Eagle, State of Colorado. J. SUPPLEMENTAL REGULATIONS. 1. Interim Uses. Interim Uses shall be permitted within The Village (at Avon) PUD as follows: (a) The following Uses or structures, in existence from time to time prior to development of the applicable portion of The Village (at Avon) PUD, shall be considered approved Interim Uses without the requirement of further action, but subject to approval, modification and/or termination as provided above in connection with Design Review Board processing of applications therefor in accordance with the Design Review Guidelines and Design Covenant: (i) Agricultural Uses within undeveloped portions of The Village (at Avon) PUD generally; (ii) Rodeo and ancillary carnival within Planning Area A; (iii) Driving course and accessory hospitality services related to automobile demonstrations, promotions and sales within Planning Area A. (iv) Temporary real estate sales offices in Planning Areas A, C, D, E, F, G, H, I, J, RMF -1, RMF -2, P1 — P3, inclusive, OSI — OS4, inclusive, and OST (v) Recycling Facility and trash drop-off within Planning Areas A and LN (vi) Snow storage within undeveloped portions of The Village (at Avon) PUD generally; (vii) Mobile Home office/storage Use within Planning Area A; (viii) Construction staging within Planning Areas A, C, D, E, F, G, H, I, J, RMF -1, RMF -2, P1 — P3, inclusive, and OS1 — OS4, inclusive, and OST (ix) Rock and gravel crushing operations related to rock and gravel materials excavated within the Village (at Avon) PUD within Planning Areas A, C, D, E, F, G, H, I, J, RMF -1, P1 — P3, inclusive, OSI — OS4, inclusive, and OST (b) Agricultural and snow storage Uses (unless specifically designated as an Excluded Use within the applicable Planning Area) shall be permitted on undeveloped land within all Planning Areas until such time as an Applicant submits an application to the Design Review Board in connection with the initial building permit Application to the Town for construction of a Building. Upon the Town approving any application for construction of a Building within the applicable Planning Area, the Design Review Board may terminate, modify or attach conditions to the continued Interim Use of all or any portion of the pertinent Planning 999369.9 46 Area for agricultural or snow storage purposes, as applicable, in accordance with the Design Review Guidelines. No Town review of Interim Uses shall be required. 2. Fireplace Regulations. All Dwelling Units within The Village (at Avon) PUD shall comply with the following Town of Avon fireplace regulations, which comprise the sole and exclusive fireplace regulations within the Village (at Avon) PUD and expressly supersede any fireplace regulations set forth in the Municipal Code: (a) Definitions. (i) "Solid -fuel -burning device" means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non - liquid or non-gaseous fuel. This definition specifically excludes non-commercial barbecue devices used to cook food outdoors. (ii) "Certified -solid -burning device which is certified by the Air Pollution Control Division of the Colorado Department of Health to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of Colorado Air Quality Control Commission. (iii) "Wood -burning fireplace" means an open hearth or fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. (iv) "Gas appliance" means a fully self-contained, U.L. listed and A.G.A. "fireplace" unit which does not require venting through a chimney and which does not permit the use of solid fuel. (v) "Gas -log fireplace" means a gas appliance equipped with an A.G.A and U.L. listed artificial -log unit which is approved for the burning of natural gas. (b) Regulations Below Elevation of 7,280 Feet. Below the elevation of 7,280 feet no new wood -burning or other solid -fuel -burning fireplaces or other devices shall be permitted to be constructed or installed. Below such elevation certified -solid -fuel -burning devices, gas appliances and gas -log fireplaces shall be permitted. Below such elevation there shall also be permitted one wood -burning fireplace in the lobby of any Hotel or Lodge; provided, a fee in the amount of $3,000 is paid at the time of application for building permit. (c) Regulations Above Elevation of 7,280 Feet. Above the elevation of 7,280 feet one wood -burning fireplace shall be permitted in each new Dwelling Unit constructed; provided a fee in the amount of $1,500 is paid at the time of application for building permit; provided, no new wood -burning or other solid -fuel -burning fireplaces or other devices shall be permitted in Dwelling Units triplex and greater in size. Above such elevation certified -solid -fuel burning devices, gas appliances and gas -log fireplaces shall be permitted. (d) Gas Appliances. All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purpose of repair and maintenance. 999369.9 47 3. Ste. Signs shall be permitted in all Planning Areas within The Village (at Avon) PUD provided they are in conformance with Design Review Guidelines, the terms and requirements of which comprise the sole and exclusive sign regulations within the Village (at Avon) PUD and expressly supersede any sign regulations set forth in the Municipal Code. All signage and streetscape improvements, including any future modifications to built signage and streetscape improvements, shall be in conformance with the Manual of Uniform Traffic Control Devices for Streets and Highways. Except as otherwise provided in this Section J.3, the Design Review Board is the sole and exclusive authority for approval of signs within The Village (at Avon) PUD. The Town has approval authority with respect to confirming that signs approved by the Design Review Board in the public rights-of-way within The Village (at Avon) PUD relating to safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets and Highways. 4. Parking Requirements. Parking, loading, access drive, mobility and connectivity shall be in conformance with Parking Regulations set forth in Exhibit C to this PUD Guide, which shall be the sole and exclusive parking regulations applicable within The Village (at Avon) PUD and which expressly supersede any parking, loading, access drive, mobility and connectivity regulations set forth in the Municipal Code, including without limitation, any additional or conflicting such provisions. 5. Surface Parking Landscaping Requirements. A 10' wide perimeter landscape buffer shall be installed and maintained for all outdoor surface parking lots within The Village (at Avon) PUD, except for points of ingress and egress to the parking lot, and except for those portions of the perimeter that abut existing or planned outdoor surface parking areas. The landscaping plan for such landscape buffers shall comply with applicable provisions of the Design Review Guidelines, and shall be subject to prior approval of the Design Review Board. 6. Drainage Requirements. (a) In addition to the Town's drainage provisions, the following provisions shall also apply to drainage: (i) Floodplains that are a result of manmade structures can be eliminated by enlarging the existing drainage conveyance facilities such that excessive backwater/floodplains would be diminished, but in no event shall such enlargement of existing facilities cause an increase in the 100 -year flood level elevation on adjacent or downstream properties. (ii) If demonstrated that the release of flows directly into the Eagle River does not result in an increase of the 100 -year flood level elevation of the Eagle River, such developed releases shall be allowed. This determination shall be based upon analysis of the Eagle River basin hydrograph and the site -developed hydrograph being combined. (b) In processing any Application for development within the Property, the Town shall incorporate the assumptions of the drainage study prepared by David Johnson for the Property (the "Johnson Study") with respect to reducing the calculated stormwater flows, 999369.9 48 management and detention requirements based on the mitigating effect of vegetation within the Property. The assumptions set forth in the Johnson Study shall govern and control over any conflicting provisions or assumptions in the Town's drainage master plan; provided, however, if the Town amends its drainage master plan, which amendment results in less restrictive or less burdensome provisions than set forth in the Johnson Study, such less restrictive or less burdensome provisions in the Town's drainage master plan shall apply to the Property. 7. Sidewalk and Trail Standards. The minimum sidewalk and trail width standards shall be as follows: (a) Sidewalk: Except as set forth in Exhibit F, 4' minimum width for local streets and 6' minimum width for collector and arterial streets. (b) Multi -use trails: 8' minimum width. 8. Other Waivers. Other waivers from strict application of any provision of Sections 7.28 (development standards) and 7.32 (engineering improvement standards) of the Development Code shall be considered by the Town on a case by case basis in accordance with Section 7.16.120 (alternative equivalent compliance) of the Development Code, which waivers shall not be unreasonably withheld. Notwithstanding any provision of Section 7.16.120 of the Development Code to the contrary, the alternative equivalent compliance procedure shall be available for any provision of Section 7.28 and 7.32 of the Development Code. 9. Supplemental Design Standards. (a) Planning Area J Hotel, Motel and Lodge Requirements. The following supplemental design and improvement standards shall apply to any Hotel, Motel and Lodge Uses developed within Planning Area J, and conformance with such supplemental design and improvement standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses: (i) Excepting the rear building elevation, building elevations not readily visible from a public right-of-way and building elevations predominantly comprised of glass, a minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of stone, concrete or masonry units (brick or split face block); (ii) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding and plastic or vinyl siding is not permitted; (iii) Pitch roofs are to be of unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent); (iv) Flat roofs shall have concrete pavers or natural colored stone as ballast, provided that grass roofs and solar and thermal collectors are permitted; 999369.9 49 (v) All mechanical equipment (wall and roof mounted) shall be screened from view of the adjacent street level, and all vent terminations shall be consistent with adjacent materials; (vi) All window frames shall be metal clad or alloy extrusions; (vii) All window glazing shall be clear or tinted to blend with the environment. (b) Planning Area RMF -I Monumentation Requirements. The following supplemental design standards shall apply to any off-site monumentation for The Village (at Avon) developed within Planning Areas A, C, J, OS3 and Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF -2), and conformance with such supplemental design standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for such monumentation: (i) [Applicant to provide supplemental design standards for Town review.] 10. Modifications to Building Envelopes. (a) Within all Planning Areas, on a Lot by Lot basis upon receipt of a proper application by the developer/owner of such Lot, the Design Review Board shall have the unilateral authority, without the requirement of any amendment to the applicable Final Plat or to this PUD Guide and/or the PUD Master Plan, to grant exceptions to: (i) The applicable Building Setback requirements by 20%. (ii) The applicable Building Height requirements by 20%. (iii) The applicable Site Coverage requirements by 20%. (iv) The applicable Lot Area requirements by 20%. (b) Notwithstanding the foregoing, the Design Review Board shall not have authority to expand the area of or relocate any Building Envelope within Planning Area K unless such change does not reduce any required setback specified within the Wildlife Mitigation Plan, the Stream Setback Provisions, or any other applicable physical constraint established by this PUD Guide. 11. Wildlife Mitigation Plan. The Wildlife Mitigation Plan attached as Exhibit D to this PUD Guide shall constitute the sole and exclusive wildlife mitigation measures required for The Village (at Avon) PUD and expressly supersedes any wildlife mitigation regulations set forth in the Municipal Code. 12. Design Review Guidelines. 999369.9 50 (a) The Master Developer previously has prepared, and the Design Review Board previously has adopted, a Design Review Guidelines which the Design Review Board utilities and shall utilize for review of all development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF -1 and Planning Area K, the Design Guidelines shall contain, at a minimum, the provisions set forth in Exhibit E to this PUD Guide. (b) The Master Developer or the Design Review Board may, in accordance with the terms and conditions of the Design Covenant and the Design Review Guidelines, as applicable, amend the approved and adopted Design Review Guidelines. Amendments to the Design Review Guidelines that do not conflict with any term of or are more stringent than any Development Standard established by this PUD Guide shall not require an amendment to this PUD Guide, and shall not require review by the Town. Amendments to the Design Review Guidelines which are less stringent than any Development Standard established by this PUD Guide may require an amendment to this PUD Guide which shall be administratively processed and decided upon by the Director pursuant to Section I of this PUD Guide. (c) The Design Review Board shall have primary responsibility for enforcing the Design Review Guidelines. If Council determines in good faith at a public hearing after notice to the Design Review Board that the Design Review Board is not properly enforcing the Design Review Guidelines, Council shall provide written notice to the Design Review Board of such determination. Such notice shall state with particularity the alleged failure and Council's factual findings supporting such determination. If the Design Review Board fails to correct the stated deficiency within thirty (30) days after receipt of such notice, Council may, but shall not be obligated to, enforce the Design Review Guidelines with respect to the matters addressed in the notice. (d) Nothing in this Section 12 shall be deemed to prevent Master Developer and/or the Design Review Board from appealing to the courts the disapproval of the Design Review Guidelines by the Town or enforcement of the Design Review Guidelines, or from pursuing in the courts any remedy otherwise available at law or in equity. 13. Stream Setback Provisions. A thirty foot strip of land measured horizontally from the mean annual flood high water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities and roadway crossings may be located in such protected area provided, that there is no practical alternative location for such utilities or roadways, that the plans are approved by the town council through its designated representative and that all construction scars are revegetated. The foregoing constitute the sole and exclusive stream setback requirements for The Village (at Avon) PUD and expressly supersedes any stream setback regulations set forth in the Municipal Code. 14. Residential Fire Suppression Systems. All single-family and multi -family residential structures constructed in Planning Area RMF -1 and in Planning Area K shall include 999369.9 51 appropriate fire suppression systems pursuant to applicable Eagle River Fire Protection District regulations in effect from time to time and applied on a uniform and nondiscriminatory basis within the Town, and as approved by the Design Review Board. The foregoing constitute the sole and exclusive residential fire suppression requirements for The Village (at Avon) PUD and expressly supersedes any residential fire suppression regulations set forth in the Municipal Code. 15. Park, Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the "Districts" (as described in Section of the Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, to all residents of the Town at such times and subject to such rules and regulations as the Districts shall prescribe. Additionally, the Master Developer shall facilitate, but shall have no obligation to construct or install, non -motorized access through the Property to off-site trail systems as follows, which obligations shall constitute the sole and exclusive off-site trail connection requirements for The Village (at Avon) PUD and expressly supersede any off-site trail connection regulations set forth in the Municipal Code: (a) Master Developer previously has provided a public trail head location in Planning Area RMF -2, connected by a trail to United States Forest Service property located north of Planning Area OSI, and Master Developer's obligations with respect to public trail connectivity between Planning Area RMF -2 and Planning Area OSI have thereby been fully satisfied as of the Effective Date; and (b) Master Developer shall facilitate, but shall not have the obligation to construct, a trail, sidewalk and/or road to be oriented on a generally east -west axis, and which shall cross the Property solely through Planning Areas I, J, P4, RMF -2 and the most southerly quarter section of Planning Area K. Master Developer shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 16. Affordable Housing Plan. Master Developer will provide for affordable housing within the Property at locations determined by Master Developer in its sole discretion and in accordance with the following terms, conditions and requirements, which obligations shall constitute the sole and exclusive affordable housing requirements for The Village (at Avon) PUD and expressly supersede any affordable housing regulations set forth in the Municipal Code: (a) Master Developer will provide a total of 500 affordable housing units, or assure that the same are supplied by others, as set forth below. As of the Effective Date, Master Developer has provided 244 affordable housing units, and, therefore, Master Developer's obligation after the Effective Date is to provide the remaining 256 affordable housing units [500 — 244 = 256]. (b) Priority in the sale and rental of the units will first go to people employed in the Property, second to people employed in the Town outside of the Property, and third to people employed in Eagle County outside of the Town; provided, however, that within Planning Area RMF -2 the priority in the rental of units qualified as required affordable housing units will first go to people employed in the Town and second to people employed in Eagle County outside of the Town. 999369.9 52 (c) For -sale units will be targeted to households earning 80% - 120% of the Eagle County Median Family Income (the "ECMFI") as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department of Housing and Urban Development. Not more than fifty percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI. (d) For -sale units shall be deed restricted to require the following: (i) The sale of units shall be restricted to "Qualified Buyers," defined as follows: (1) An owner who occupies the unit as his or her primary place of residence; (2) An owner who is a full time employee working at least thirty hours per week in the Town or Eagle County, or a retired person who has been a full time employee in the Town or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in the Town or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them; (3) An owner whose household income does not exceed 120 percent of the ECMFI; and (4) An owner whose total current family net assets are not in excess of $225,000.00 ($337,500.00 for a retired person) or whose total current family net assets have not been in excess of $225,000 ($337,500 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index (the "CPI"). For purposes of this subparagraph (4), the CPI shall mean Series ID: CUUSA433SAO (All Urban Consumers; Not Seasonally Adjusted; Denver - Boulder -Greeley, CO; All items; Base Period 1982-84=100; 1St half of 1998 = 160.5). (ii) An annual price appreciation cap of 3%, or such higher percentage as the Town Council may approve from time to time, will be established. (iii) If and when an owner moves out of his or her unit, he or she will be required to sell his or her unit to Master Developer or a Qualified Buyer. (iv) The rental units will be targeted to households earning between 50% - 80% of the ECMFI. Rents shall not exceed 30% of the tenant's monthly income, adjusted for household size, including utilities, for which allowances are determined annually by the Colorado Housing Finance Agency. 999369.9 53 (v) Capital improvements to a for -sale unit may be made up to ten percent of the original purchase price of the unit every ten years. No restrictions on capital improvements shall be placed on rental units. (vi) In addition to the annual price appreciation, real estate commissions not to exceed three percent (3%) and closing costs shall be allowed for re -sales of for -sale units after the initial sales of such for -sale units by the Master Developer. (vii) First time home buyers shall be exempt from Real Estate Transfer Fees as set forth in the Development Agreement. 17. Provision of Certain Amenities. Except as otherwise provided in the Development Agreement, the requirements of this Section J.17 fully satisfy the Master Developer's and the Developer Affiliates' obligations with respect to provision of parks and public amenities within and in connection with The Village (at Avon) PUD: (a) Community Park (Planning Area P3). (i) Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601St Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (b) Pocket Parks (Planning Areas PI and P2) and Bike Trails: As of the Effective Date, the Master Developer and the Developer Affiliates have fully satisfied all obligations with respect to provision of pocket parks within The Village (at Avon) PUD. (c) Planning Area B. (i) Contemporaneously with the Effective Date and as contemplated by the Settlement Term Sheet, the Town has approved a Final Plat for Planning Area B and Traer Creek -RP has executed and delivered to the Town a special warranty deed for the purpose of conveying to the Town fee simple ownership of Planning Area B, subject to the terms and conditions set forth in the special warranty deed and further subject to compliance with all applicable terms, conditions, regulations and requirements of this PUD Guide and the Design Covenant. 999369.9 54 (ii) At such time as the Town determines desirable, the Town shall be responsible for the cost of all design, construction, operation and maintenance of improvements within or upon Planning Area B. All such Uses and improvements within or upon Planning Area B shall be subject to review and written approval of the Design Review Board. (iii) As and when Master Developer determines it to be necessary or desirable in connection with development within Planning Areas that abut or are adjacent to Planning Areas B and upon submittal of an Application for such purposes, the boundaries of Planning Area B shall be modified pursuant to the administrative platting procedures set forth in Section H of this PUD Guide, subject to the following qualifications: (1) The Town has not previously constructed improvements within or upon Planning Area B that make such modifications impossible or that would cause such modifications to unreasonably interfere with the Town's operation and use of such previously constructed improvements. (2) Such modifications shall not result in a reduction in the aggregate acreage of Planning Area B without the Town's written consent. (3) Concurrently with recording such Final Plat, the Town and the Applicant(s) shall exchange special warranty deeds conveying the applicable modified areas to the appropriate grantee, subject to matters of record and deed restrictions, if any, reasonably acceptable to the applicable grantee. (4) Such modifications may be accomplished as part of an Final Plat that establishes Lots, Block or Superblocks with respect to the adjacent or abutting Planning Area(s), in the discretion of the Applicant. 999369.9 55 EXHIBIT A Legal Description Lots 2, 3 and 4, and Tracts B and E, Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 795007; Lots 1, 5 and 6, and Tracts A, C, D, F and G, Amended Final Plat, The Village (at Avon) Filing 1, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 898173; Lots 1 through 5, inclusive, and Tracts A through H, inclusive, Final Plat, The Village (at Avon) Filing 2, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 796831; Tracts A, D, E, G and H, Final Plat, The Village (at Avon) Filing 3, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776; and Tracts B and F, Amended Final Plat, The Village (at Avon) Filing 3, A Reconfiguration of Tracts B and F, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 200712166. TOGETHER WITH THE FOLLOWING PARCEL (OS5): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line, described as follows: Beginning at the N 1/4 corner of said Section 17; thence S89123'36"E 526.76 feet, along the northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said northerly line of Section 17, the following two courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks: (1) S80136'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to the right, having a radius of 2486.03 feet, a central angle of 06004'58", and a chord which bears S83038'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00020'55"W 78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (OS6): That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line and north of the centerline of the Eagle River, described as follows: 999369.9 A-1 Beginning at the Northeast corner of said Section 17; thence S01041'49"E 96.93 feet, along the easterly line of said Section 17, to the True Point of Beginning; thence, continuing along said easterly line, S01041'49"E 73.07 feet, to the centerline of said Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89024'49"W 1037.9 feet; (2) N86°07'49"W 472.00 feet; (3) N89129'49"W 538.00 feet; (4) S82°33'11 "W 595.15 feet, to the westerly line of said NE 1/4; thence N00120'55"W 49.18 feet, along said westerly line to the southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said westerly line of Section 17, the following five courses along the southerly right-of-way line of the Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50 feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a curve to the left, having a radius of 2586.03 feet, a central angle of 06°11'51", and a chord which bears N83142'23"E 279.58 feet; (2) N80036'27"E 350.86 feet; (3) 686.44 feet along the arc of a curve to the right, having a radius of 3171.27 feet, a central angle of 12124'07", and a chord which bears N86048'31 "E 685.10 feet; (4) S86059'25"E 1216.38 feet; (5) 112.54 feet along the arc of a curve to the right, having a radius of 2549.33 feet, a central angle of 02031'46". and a chord which bears S85°43'31 "E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less. TOGETHER WITH THE FOLLOWING PARCEL (EAST PARCEL): Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, D.C., described as a whole as follows: Beginning at the Northwest corner of said Section 8; thence the following four courses along the northerly line of said Section 8: (1) N88040'41 "E 1379.49 feet, to the W 1/16 corner of said Section 8 and Section 5 of said Township and Range; (2) N88040'41"E 1379.49 feet, to the 1/4 corner of said Sections 8 and 5; (3) N881,42'58"E 1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4) N88042'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and Section 4 of said Township and Range; thence the following four courses along the northerly line of said Section 9: (1) N83029'30"E 1386.63 feet, to the W 1/16 corner of said Sections 9 and 4; (2) N83°29'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83°24'12"E 1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83024'12"E 1386.30 feet, to the corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the following two courses along the northerly line of said Section 10: (1) N86039'24"E 1381.29 feet, to the W 1/16 corner of said Sections 10 and 3; (2) N86039'24"E 1299.94 feet; thence, departing said northerly line, S01134'07"W 2699.66 feet, to the east -west centerline of said Section 10; thence, along said east -west centerline, S86132'23"W 1304.06 feet, to the W 1/16 corner of said Section 10; thence S01032'50"W 1349.33 feet, along the easterly line of the NW 1/4 SW 1/4 of said Section 10, to the SW 1/16 corner of said Section 10; thence S86032'47"W 1384.91 feet, along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9; thence S77010'15"W 1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said Section 9, to the SE 1/16 corner of said Section 9; thence S01033'02"W 1475.32 feet, along the easterly line of the SW 1/4 SE 1/4 of said Section 9, to the E 1/16 corner of said Section 9 and Section 16 of said Township and Range; thence S72020'31 "W 1450.43 feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4 corner of said Sections 9 and 16; thence N01034'18"E 1601.52 feet, to the CS 1/16 corner of said Section 9; thence S86007'30"W 1378.19 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 9, to the SW 1/16 corner of said Section 9; thence S01033'13"W 1506.37 feet, along the easterly line of the SW 1/4 SW 1/4 of 999369.9 A-2 said Section 9, to the W 1/16 corner of said Sections 9 and 16; thence N89055'04"W 1371.96 feet, along the southerly line of said SW 1/4 SW 1/4 to the section corner of said Sections 8, 9, 16, and 17 of said Township and Range; thence N01 °32'00"E 3.82 feet, along the westerly line of Section 9, to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15'34", and a chord which bears N85°51'36"W 104.47 feet; (2) N86°59'25"W 1213.28 feet, to the westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51'07"E 1337.77 feet, along said westerly line, to the SE 1/16 corner of said Section 8; thence N89054'54"W 1333.58 feet, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the CS 1/16 corner of said Section 8; thence N89°58'35"W 1366.46 feet, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to the SW 1/16 corner of said Section 8; thence S00001'37"E 919.47 feet, along the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses along said northerly right-of-way line: (1) N65030'20"W 249.79 feet; (2) N78°47'50"W 317.2 feet; (3) N83108'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius of 1462.0 feet, a central angle of 30015,52", and a chord which bears N54057'56"W 763.3 feet; (5) N34037'50"W 331.1 feet; (6) N34044'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve to the left, having a radius of 1812.0 feet, a central angle of 25027'04", and a chord which bears N51029'50"W 798.3 feet; (8) N68024'50"W 399.7 feet; (9) N49°47'20"W 213.6 feet; (10) N70020'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the following two courses along said northerly line: (1) N89050'40"E 1194.46 feet, to the CE 1/16 corner of said Section 7; (2) N89150'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and 8; thence the following two courses along the westerly line of said Section 8: (1) N00° 10'53"W 1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00010'53"W 1369.10 feet, to the point of beginning. EXCLUDING from above The Village (at Avon) Filing 3 according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776. Said East Parcel containing 1366.95 acres, more or less, with The Village (at Avon) Filing 3 area subtracted. All of the above-described Property containing 1,780 acres, more or less. 999369.9 A-3 EXHIBIT B PUD Master Plan [to be inserted] 999369.9 B-1 EXHIBIT C The Village (at Avon) Parking Regulations A. Relationship to Municipal Code and Development Code. Parking. loading. access drive. mobility. coiui,ectiTIty and related platters within The Village (at Avon) PTD shall be iii conformance with these Off Street Parkit7¢ Regulations. which slrill be the sole and exclusive parking regulations applicable within The Village (at AvoIl) PUD and which expressly supersede any parking, loading, access drive. mobility. connectivity and like regulations set forth in the Municipal Code or the Development Code. including xithout limitation. any additional or conflicting such provisions, olid no such provisions of the (Municipal Code or Development Code apply to The Village (at Avon) PUD even if not other« ise addressed ill these Off Street Parking Regulations or any other part of The Village (at Aeon) PUD. B. Parking Table. All required parking shall be provided in accordance with the parking requirements as set forth in the parking table or as otherwise allowed by these regulations. TYPE. OF LAND USE ]+-IINIMLTM REQUIREMENTS 1. Residential Land Use Per dwellillz Unit: Singlc-talnily or duplex 2 spaces unit 3 Spaces unit for unit5 over 2.506 sq. ft. not includ1112 garage Multifamily building and to-,,mholises Studio 1 space One bedroom 1-1: 2 spaces All others 2 spaces Per accommodation unit including lockoffs: One bedroom 1 space Over one bedroom 1 Space plus % space for each additional bedroom in excess of one Guest parking spaces: Multifamily and townhouses 3 - - 5 units 2 spaces 5 - - 10 tants 3 spaces 11 - - 15 units 4 Spaces 16 - - 20 units 5 Spaces 21 - - 25 units 6 Spaces 999369.9 C-1 TYPE OF LAND USE MINIMUM REQUIREMENTS over 25 units 7 spaces plus 1 space for each 5 units in excess of 25 up to a maximurn of 10 additional spaces Tilileshaiing units: 2. Commercial Land Use Shopping and convenience goods retail 1 space per 600 square feet but not less thill 1 space per unit unless reduced as part of a mixed-use project reduction 4 / 1000 sq. ft. of Gross Square Footage Personal services & repairs est. 3 / 1000 sq. ft. of Gross Square Business & professional services Footage Office buildings & banks (except drive -nil banks) Dii-ve-in banks 3 Z 1000 sq. ft. of Gross Square Footage plus 5 storage spaces/outside teller window or drop station Restaurants - Food consumed ,v itlaill 1 ! 60 sq. ft. of seating area structure only. outside patio �iitli a bar or restaurant do not require any F ark1112 Restaurants - Carry out only Restaurants with drive -up windo-�v Service stations Cotmilercial recreation facilities bowli112 alleys Tennis coluls Handball & racquetball courts 999369.9 C-2 10 1000 sq. ft. of Gross Square Footage I / 60 sq. ft. of seating area plus storage for 7 cardrive-up -�vii'idow 2 / 11040 sq. ft. of Gross Square Footage 4 , alley plus I ./ employee 4/ court plus 1 employee 2 court plus 1 employee TYPE OF LAND USE Sly imillina pools Skating rinks 3. Industrial Land Uses Manufactining plants, warehousing Wholesaling establishments, Freight ternlu'lals 4. Educational Land Uses Nursery schools & day care E tenientary & junior high schools Senior high schools Trade schools MINIMUM REQUIREMENTS 20/ 1000 sq. ft. of water surface area 10 1000 sq. ft. of Gross Square FootaRe I / 800 sq. ft. if Gross Square Footage 2' 1000 sq. ft. of Gross Square Foota2e I employee I. employee plias I each 6 students based on design Capacity 1. each' students 5, Medical Land Uses Doctor's offices. including optometrist. 5 i'1000 sq. ft. of Gross Square media. dental. chiropractor, chiropodist Footage and all others Hospitals 6, Office Buildings Auditol'iUms. theaters., stadiums and arenas Museunis and libraries Public -utilities companies 999369.9 C-3 I i"bed I 4 seats 4 1 1000 sq. ft. of Gross Square Footage 3 / 1000 sq. ft. of Gross Square Footage TYPE OF LAND USE MINIMUM REQUIREMENTS Other Land Uses Churches 1 ,' each 3 seats provided in main seating area Chubs and lodges 5 r 1440 sq. ft. of Gross Square Footage Other uses As determined by the Director C. Parking Facilities Generally. The parking requirements set forth in these Off Street Parking Regulations may be satisfied by the provision of off street surface parking lots and/or Parking Structure(s). Such surface parking lots and Parking Structures nnay be situated oil the same or different Site as the Use(s) to be served by such parking facilities so long as the harking facilities satisfy the requirements of these Off Street Parking Regulations. including without limitation. the required number of parking spaces for the Use(s) to be served thereby. Surface parking lots and Parking :Structures. whether situated on the same or different Site as the Uses(s) to be served by such parking facilities. may be owned by a different Owner than tine Owners. leasehold interest holders, licensees.. or perYnnitees, as applicable, of the Site or applicable portion thereof that contains the Use(s) served by such parking facility. Nomithstanding the foregoing. the requirements of Section D.3 below shall apply if (i) the parking facility is situated on a different Site as the Use(s) to be served by such facility, (ii) the parking facility is Private Parking: and (iii) the Owner of the Site upon which the Private Parking is situated is different than an Ow -leer. or leasehold interest of iner. as applicable. of the Site for the Use served by. such Private Parking. The provisions of Section D below with respect to reduction in parking requirements for Mixed -Use Projects or shared parking facilities shall apply to parking facilities situated on the same or different Site as the Use(s) to be served by such parking facilities. 'Where an Applicant within The Village (at Avon) has constructed. or proposes to construct. shared off street parking facilities (including without limitation. Parking Structure(s)). all or a part of the parking spaces required for any Use within the applicable development project may be provided within such facilities. D, Reduction in Parking Requirements for Mixed -Use Projects or Shared Facilities. 1. Shared Parking: Projects and Minimuinn Number of Parkiia Spaces. Ctirnulative parking requirennents for innixed-use occupancies or shared facilities may be reduced where it can be deterYnnrned that the peak requirements of the several occupancies occur at different tines (zither daily or seasonally). (a) The nnininum number of parking spaces for a shared use project shall be determined by utilising tile procedures of the Urban Land Institute Shared Parking Manual. The study shall be reviewed by the approval of the Director. The actual number of parking spaces required shall be based on local demand rates. if available, except that default rates from the CLI manual may be used where it is impractical to deterinine "local" demand rates. (For example. to 999369.9 C-4 proposed land use that is not found locally, or -i hose annual peak season is tors far in the future to wait to do a survey are cases where national default rates are appropriate). (b) For the purpose of determining the greatest of the aggregate gross minimurrx numbers of parking spaces for nighttirue.. daytime. and evening periods, the follo,,%-iug rules shall be applied: (1) The minimum munber of ,parking spaces that are to be provided and maintained for each use sliall be dc-terrinned by identifying the use izi the cohuYui entitled "Type of Land Use" and the corresponding minirilum nlunber of parking spaces in the same row. (ii) The gross rnirrimuin nuinber of parking spaces shall be multiplied by the "occupancy rate" shown in Tables 1 and ? for each use for the weekday night. dayti ie and evening periods. and weekend night. daytime and everring periods respectively. (iii) The gross nrini7uurn numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minimum numbers of parking spaces for each time period. (c) The larger of the aggregate gross niininrurn numbers of parking spaces for each time period shall be detemiined and shall be the miriinium number of spaces provided for the Mixed -Use Prc+ject. (d) Parking spaces to be shared cannot be reserved for specific Uses or individuals except during off-peak hours. Spaces for residents may not be shared. although guest spaces and extra residents' spaces beyond minixirurn requirements may be shared -with nonresidential uses. Table 1 Weekday Parking Occupancy Rates - Percent of Basic Minir>lrnn Deeded During Time period Uses Ni-pekday Fight Weekday Day 'Wtekday Evening Alid night - b am 8 am - 5 pm 6 pm - Midnight Residential' 100% 80% 100% Office 5 100 20 Commercial -Retail 5 94 s0 Hotel + 100 80 100 Restaurant 10 70 104 Movie Theater 10 44 so Entertainment 10 40 100 Conference/Convention 5 104 104 .fast food, breakfast or lunch -oriented establishment = 100 percent_ +Excludes conference/convention facilities. The minimum requirements for resident's own spaces must be met in exclusive (nonshared) parkins, but guest parking and extra resident's parking may be shared. 999369.9 C-5 Table 2 Weekend Parking Occupancy Plates - Percent of Basic Minimum Needed During Time period Uses Weekend Night Weekeud Day Weekend Evening Alidnight - 6 am 8 am - 5 Pin 6 pm - -Midnight Residential 100 10 80110 100% Office 5 5 5 Commercial -Retail 5 100 70 Hotel T 100 so 100 Restaurant 20 70 100 Mo%ie. Theater 10 80 100 Entertainment 50 80 100 ConferenceConvention 5 100 100 .Fast food, breakfast or lunch -oriented establishment = 100 percent. 'Excludes conferencelcon,,,ention facilities. The minimum requirements for resident's o,6N-n spaces must be met in exclusi,,,e (nonshared) parking, but guest parking and extra resident's parking may be shared - 2. Captive Market Parking Requirements. In addition to the reduction in parking requirements for Mixed -Use Projects. park -Ing requirements for retail. restaurant. hotel. convention and conference Uses may be reduced where it can be determined that solne portion of the patronage of these businesses comes fi-om other Uses (e,g.. employees of area offices Patronizing restaurants) located within a maximuni walking distance of 500 feet. Parkine requirements may be reduced up to 90 percent as appropriate with approval of the Director. (a) Procedure: The Director may approve a reduction in required parking spaces based upon the provisions of these Off Street Parking Regulations. Applications for such a reduction must be submitted in writuig accompanied by the following: (i) A parking demand analysis prepared by a qualified parking or traffic consultant. which substantiates the basis for granting a reduced number of spaces.. (ii) Shared parking operations plan showing that: (A) Parki-tig spaces intended for shared parking conveniently sere°e the land uses intended. (B) Consideration is given to the appropriate location and layout of high vs. low turnover parking spaces. (C) Any controlled parking such as paid. gated or valet parking areas should be locked in such a niallner as to control ftirnover rates but not prohibit some Parkers from using all spaces. (D) Directional signage is provided directuiia drivers to the most convenient parking areas for each particular land use (if such distinctions can be made). 999369.9 C-6 (E) Pedestrian links between parking areas and land uses are as direct and short as possible. (F) Safety and security are enstred and maintained at the parking facility through a comprehensive prograiii including. but not limited to. sianili-Q'. liahtin2 and television lnonitorin2. if warranted. (b) The owners agree that. before a change in use or operating hours that could increase peak parking demand by at least 10 percent. a follow-up study shall be provided analyzing the change in demand patterns. Any forecast deficiency must be islet by the construction of additional parking spaces. payment of ill -lieu fees. or support of shuttle service or other employee trip reduction progralll satisfactory to the Tori -11. 3. ALYreenient Reaardilig _Shared Parking Facilities. If Private Parking is to serve ttti-o or more Sites owned by different O'tvners or leasehold interest owners. then a legal agreement between the Owner of the Private Parking and the Ov ner or leasehold interest owner. as applicable. of the Sites served by such Private Parking is required that grants a legal right to utilize such Private Parking for such Use (i.e.. a lease. license or other use agreenient) and indicates responsibilities for operating. maintaining and accepting liability for personal injury and property damage. Unless explicitly stetted to the contrary, the Owner of the Site upon which the Private Parking is situated accepts respoInsibility for operating. maintaining and accepting liability for personal injury and property- dannaage. 4. 'Walking Distance and Pedestrian Connections. Shared spaces must be located within 500 feet of the principal building entrances of all sharing Uses. However. tip to 20 percent of the spaces may be located greater than 500 feet but less than 1.000 feet frons the principal entrances if they do not serve Residential Uses. Clear, safe pedestrian connections inust be provided. requiring no at grade crossing of an arterial street except at a signalized intersection along the pedestrian pathway. Up to 75 percent of nonresidential spaces may be provided at Greater distances of dedicated shuttle bus or van service is provided frons a remote parking facility. The service plait and perforniance guarantees for such a shuttle ser6ce or van service must be approved by the Director. 5. Valet and Tandem Parking. Valet or tandem (double -length) parking may be used to meet shared parking regtiirements or supported by a shared parking operations plan. Tandem spaces may only be used for residents and business fleet operations. E. Parking Space Size Reduction for Compact Cars. Up to 30 percent of the total number of parking spaces provided by off street surface parking lots or Parking Structtires oil, :Sites containing 25 or more parking spaces may be reduced in size down to a minilnttin of eight feet in width by sixteen feet in length for use by compact cars. Such spaces shall be clearly signed for compact cars only and marked with double yellow striping. 999369.9 C-7 EXHIBIT D Wildlife Mitigation Plan 1. Introduction. This Wildlife Mitigation Plan was developed to avoid, minimize, and mitigate wildlife impacts resulting from The Village (at Avon) development proposal. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions, meetings, and site visits with Colorado Division of Wildlife ("CDOW") representatives, and meetings and discussions with staff and professionals representing owners. 2. Wildlife Mitigation Plan. The Master Developer and Developer Affiliates, their respective successors or assigns, including the possibility of one or more homeowners or property owner association(s), and/or one or more public improvement companies (any of which shall be referred to as an "Association"), which have been or may be formed and which may undertake the Master Developer's and Developer Affiliates' responsibilities under this Agreement, hereby agree to the following stipulations in conjunction with The Village (at Avon) PUD. 3. Winter Range Compensation. (a) To compensate for the Elk Winter Range habitat loss associated with the development, a private The Village (at Avon) Wildlife Trust Fund ("Fund") shall be established at or before the issuance of the first building permit associated with residential development north of I-70. Interest generated by this Fund shall be spent only in Game Management Unit 36 or 35 to benefit animals in the herd actually affected by winter range loss north of I-70. Furthermore, interest generated by this Fund shall only be used to actually implement enhancement efforts. The Fund shall not be used to pay for Fund administration, consultants, and other incidental expenses. Disbursement and use of funds shall be overseen by an Association. CDOW participation shall be requested at meetings where habitat enhancement is being considered. Fund disbursement may include payments to the CDOW or a similar trust fund (e.g., the Colorado Wildlife Heritage Foundation) to allow the CDOW to coordinate enhancement efforts in the Eagle Valley. This approach should help maintain the functional value of the affected winter range, (b) Fund principal shall be based on winter range losses associated with the development. At full build -out, The Village (at Avon) development would encroach upon 155 acres of native habitat on the property designated elk winter range. Compensation is based on (a) the loss of 155 acres of winter range; (b) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected; (c) current fertilization costs of $65.00/acre (in 1998 dollars); and (d) an interest rate of 5%, which would require $5,275.98 to implement the enhancement in 1998. Fund principal required to generate this amount of interest every three years would require a one-time payment of principal totaling $105,519.70 (in 1998 dollars). This amount shall be deposited into the Fund upon the Fund's establishment. 4. Setbacks. 999369.9 D- I (a) A 100 -foot setback from the closest edge of Building Envelopes of conceptual Lots 76, 78, 80, 81, 82, 86, 87, 96, 97, 109, 110, 119 and 120 adjacent to U.S. Forest Service lands along the northern property boundary of Planning Area K to both buffer residential activities from public lands and public activities (e.g., principally hunting and other recreational uses) from the adjacent residences shall be provided. (b) The stream setback provisions set forth in Section J.13 of The Village (at Avon) PUD shall apply to The Village (at Avon). Impacts to jurisdictional wetlands shall be protected by the Clean Water Act. 5. Building Envelopes. (a) Building envelopes and rules governing the location and distribution of all structures, surrounding yards, and all disturbance to native vegetation, with the exceptions of utilities, driveways, etc., for single-family Residential Uses north of I-70 are set forth in Section D (Development Standards) of The Village (at Avon) PUD and are governed by The Village (at Avon) PUD. It is the intent that Building Envelopes in Planning Area K be clustered to concentrate disturbance areas and leave large blocks of undeveloped habitat. This measure helps insure that development follows a design minimizing habitat losses and facilitating continued wildlife movements through, and use of, the Property. No vegetative manipulation shall be permitted outside of designated Building Envelopes except as allowed by the PUD Guide and/or where manipulation is required as part of any valid wildlife enhancement program, as authorized to reduce wildfire potential, or for access roads, driveways, parking areas and utility installation. The objective of this measure is to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Homeowners shall be educated to appreciate and maintain the existing vegetative community, particularly forests and shrubby areas which provide critical wildlife cover and forage values. (b) Upon conceptual Lots 90-113 any required tree/shrub clearing for wildfire mitigation shall be contained within the designated envelope. (c) The area of fertilized, irrigated landscaping each Dwelling Unit is permitted to have shall be restricted to < 5,000 square feet. Residents shall also be educated to recognize that they have moved into wildlife habitat, that some wildlife shall have strong compulsions to eat what homeowners plant, and that the CDOW shall not be liable for wildlife damage to landscaping. 6. Open Space. (a) Approximately 483 acres (OS -1 and a portion of Planning Area K as set forth on the PUD Master Plan) north of I-70 have been designated as open space. These areas include some of the most valuable winter range, migration corridors, and other important wildlife habitat on the Property. It is the intention that OS -1 and at least 384 acres of Planning Area K function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however, these areas shall be preserved primarily in their undeveloped condition and managed to further enhance wildlife values. 999369.9 D-2 (b) In addition, the portion of Planning Area K that shall be located within future Lots for single family Residential Use but outside of the future designated Building Envelopes of those Lots shall function as private open space. To facilitate habitat management and enhancement on these Lots and as an additional measure precluding development outside of envelopes, areas on all such Lots outside of designated Building Envelopes and easements north of I-70 shall be protected as open space under provisions of The Village (at Avon) protective covenants to be recorded in connection with future subdivision of Planning Area K. 7. Main Deer Movement Corridor. The Village (at Avon) agrees to maintain a deer movement corridor of a minimum width of 800 feet between the western edge of the Building Envelope for conceptual Lots 112 and 113 and the eastern edge of the Building Envelopes for conceptual Lots 108, 110 and 111 as depicted on the PUD Master Plan. No amendment to the location of these Building Envelopes shall be permitted that results in any encroachment into this 800' wide designated movement corridor. 8. Roads North of Interstate Highway 70. (a) Road design and use through portions of The Village (at Avon) has the potential to disrupt migratory elk movements, local elk movements, and affect habitat use. The posted speed limit (25 mph) is generally slow enough to avoid most wildlife mortality; however, residents, guests, and contractors frequently exceed posted speed limits in similar, adjacent residential developments. The Village (at Avon) roads shall be designed to incorporate features requiring low vehicle speeds to reduce road -kill mortality and facilitate migratory movements across roads. (b) Road widths shall be as set forth in Exhibit E (Street Standards) to the PUD Guide to force slower operating speeds and adjusted to the number of residences being served by the road. There shall be no bike lanes or paved road shoulders beyond conceptual Lot 84. Cut and fill slopes in the vicinity of the main migration corridor and along gulches may require additional grading or design to facilitate wildlife movements. Any necessary guard rails installed along road sections within wildlife corridors shall be designed to allow wildlife movements. Standard guard rails restrict wildlife movements and can increase wildlife -vehicle collisions. Signage providing for restricted access to all single family Residential Uses within Planning Area K shall be installed. 9. Trails. (a) With the exception of public access through the Property along an existing trail through OS -1, there shall be no public access through the Property to U.S. Forest Service lands to the north. Public access and access for The Village (at Avon) along the trail through OS -1 shall be limited to foot traffic only. Seasonal restrictions shall be associated with this trail to ensure use is compatible with important wildlife use on and adjacent to the Property (see below). (b) No other trails shall be developed within the Protected Wildlife Habitat (defined below in Section 10) on the Property without the agreement of the CDOW, except for 999369.9 D-3 an access trail/path/emergency vehicle access connecting Planning Area RMF -2 to OS -2 and P- 3. 10. Seasonal Use Restrictions. Seasonal use restrictions shall be imposed and enforced on homeowners, guests, employees, and the public to optimize wildlife use on and adjacent to the Property. (a) General Protected Wildlife Habitat Restrictions. Recreational uses of OS - 1 and the open space areas of Planning Area K (hereinafter "Protected Wildlife Habitat" or "PWH") shall be restricted during the winter range occupancy period extending from December 15 to April 15. Recreational use, including nordic skiing, hiking, bicycling, equestrian use, etc., within these areas should be restricted from the above defined PWH from December 15 to April 15. (b) Additional Restrictions Within the Main Deer Movement Corridor. (i) In addition to the seasonal, winter range -related restrictions presented above in Section 10(a), road and home construction activities east of Traer Creek, within the designated 800' wide main deer movement corridor, shall be restricted to reduce conflicts with deer migration. Road construction within the designated 800' wide corridor is prohibited during the spring (May 1 to June 15 [dates inclusive]) and fall (October 1 to December 1 [dates inclusive]) migration periods. The purpose of this measure is to eliminate disturbances (i.e., human activity) and barriers (e.g., incomplete cut and fill slopes) within the migration corridor that could alter movements. (ii) Home construction on conceptual Lots 105-112 could occur throughout the year, however, daily outdoor construction periods on individual lots (excluding construction worker travel (i.e., arrival and departure) shall be restricted to the period between 6:30 a.m. and 5:30 p.m. hours during spring migration (defined above) and 7:30 a.m. and 4:15 p.m. hours during fall migration (defined above). This shall facilitate the largely nocturnal and crepuscular migration to occur through the existing corridor with reduced human disturbance. (c) Access Restrictions to U.S. Forest Service Lands. To protect spring deer migration and elk winter range, migration, and calving values on U.S. Forest Service lands north of The Village (at Avon), the public trail running through OS -1 shall be closed to all use from December 15 to June 30, dates inclusive. (d) Enforcement. These seasonal/areal restrictions shall be enforceable by the Master Developer, the Developer Affiliates and/or Association(s), as applicable. Homeowners shall also be educated about these closures on and adjacent to the Property via a "Living with Wildlife" homeowners book. Furthermore, because these conditions are part of The Village (at Avon) PUD, the Town, CDOW, and U.S. Forest Service may also enforce these restrictions, within their respective jurisdictions. 11. Reclamation/Landscaping. 999369.9 D-4 (a) Native wildlife habitats disturbed by construction activity outside of Building Envelopes in PWH should be reseeded or replanted with those native plant species originally present. Where service access is required, the re -planting of trees could be excluded from utility corridors. Re -planting along road shoulders can exclude trees and shrubs to maximize vertical and horizontal sight -distances and reduce the probability of road -killed wildlife. Vehicle speeds within the development on roads north of I-70 should be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road -kills. (b) Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife damage. The CDOW shall not be liable for wildlife damage to landscaping. The Design Review Board shall provide a list of suitable landscaping materials, their maintenance and protection, to homeowners. 12. Dogs and Pet Control. (a) Owners of each residential lot shall be permitted to harbor up to two dogs and offspring up to three months old. Residents shall be prohibited from harboring dogs outside on their property unless they have adequate facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the applicable Building Envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely cover runs (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident's dog(s), the animals shall be immediately removed from the subdivision until adequate structures can be built. (b) At no time are dogs to be allowed to run freely anywhere on the Property. When dogs move beyond their owner's property line, the dog must be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative. Visitors shall be discouraged from bringing dogs on-site. (c) The Master Developer, Developer Affiliates and/or Association(s), as applicable, shall be responsible for enforcing the dog and pet covenants set forth herein. Stray dogs may also be controlled by the Town and CDOW. Homeowners not in compliance with these dog restrictions shall be responsible for any and all costs incurred by the Master Developer, Developer Affiliates, Association(s), the County of Eagle and/or CDOW for enforcing these provisions. (d) Homeowners should be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. (e) Contractors shall be prohibited from bringing dogs onto the Property, even if they would be kept inside vehicles. 13. Fencing. (a) Fencing within The Village (at Avon) north of I-70 shall be restricted to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval shall be under the purview of the Design Review Board. 999369.9 D-5 Homeowners shall be permitted a 6' high privacy fence to enclose up to 2,500 square feet, provided it is immediately adjacent to the house and it is entirely within the designated Building Envelope, unless specifically approved by the Design Review Board. All other fencing shall be prohibited. Where fencing is required to be installed to restrict domestic livestock on adjacent properties, it shall be compatible with wildlife movements and conform to the following specifications: (i) Wildlife compatible fencing is permitted to a maximum of 3 strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches tall. (ii) The top rail or wire strand shall not be higher than 42 inches above mean ground level. With the exception of a split rail design, a rail fence shall not have a top rail oriented horizontally whose width perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation on the top rail from restricting big game movements. (iii) The middle wire strand shall be no higher than 30 inches above mean ground level, providing a 12 inch kickspace below the top strand. (iv) The bottom rail or wire strand shall be at least 18 inches above mean ground level, to provide sufficient clearance for passage of elk calves, deer fawns, and other wildlife. (b) Fencing may be subject to more restrictive provisions as stated in the Design Guidelines. 14. Bears and Mountain Lions/Trash Removal/Nuisance Wildlife. (a) Bear and Related Issues. The following measures shall be required to reduce potential bear problems: (i) There shall be no outside storage of any trash or garbage, no matter how briefly (e.g. overnight), at any Dwelling Unit or anywhere within the development, unless it is contained within individual bear -proof containers which meet North American Bear Society, CDOW or U.S. National Park Service specifications. (ii) Prior to disposal, any refuse that might attract bears should be kept within the garbage in a suitable receptacle with a tight -fitting lid. Refuse should not be kept within detached garages or sheds because these structures are more likely to be broken into by bears. Trash containers should be taken to the collection points (e.g., the end of the driveways) the morning of collection and not put out the night before. (iii) There shall be no dumps or underground disposal of refuse within The Village (at Avon). Buried garbage may attract bears. (iv) Residents should be discouraged from using a garden compost pile, unless the compost pile is bear -proof, meeting North American Bear Society, CDOW or 999369.9 D-6 U.S. National Park Service specifications. Residents shall also be educated that household and garden waste contributions to compost piles compose the materials that can attract bears and other nuisance wildlife (e.g. skunks), creating conflicts. Composted yard waste consisting of leaves, grass, small branches, etc. do not usually attract bears. (v) Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry diseases that can be transmitted to pets. (vi) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. (vii) Homeowners shall be educated about bears and other local wildlife via the CDOW's brochure entitled "Living with Wildlife in Bear Country." One copy of the brochure shall be provided to each homeowner at closing. (b) Mountain Lions. (i) All residents and perspective residents shall receive a copy of the CDOW's brochure entitled "Living with Wildlife in Mountain Lion Country." One copy of the brochure shall be provided to each homeowner at closing. (ii) With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards is illegal and shall be prohibited within the Property. 15. Horses. Except as may be permitted in the PUD Guide and except for pre- existing uses, there shall be no boarding of horses or other livestock, including but not limited to llamas, on individual Lots or community facilities within the Property. Any horses owned by residents of the Village (at Avon) shall be boarded off-site. Residents of The Village (at Avon) shall not be permitted a temporary "saddle -up" area, corral, or other fenced areas to allow horses to be kept overnight, over a weekend, or for any length of time on their Lot. 16. Wildlife Mortality on Local Roads. (a) Posted vehicle speed limits on proposed roads within The Village (at Avon) north of I-70 shall be as set forth in Exhibit E (Street Standards) to the PUD Guide. To reduce road mortality associated with speeding, road design is recommended (see Section 7 above) to force motorists to obey the speed limit. (b) The Village (at Avon) is also accessed by high speed roads, including I-70 and Highway 6, where moderate numbers of deer and elk are killed by vehicles each year. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. The Village (at Avon) residents should be educated about avoiding wildlife mortality on roads in any educational information that is developed. 999369.9 D-7 17. Hunting. Hunting is the primary management tool the CDOW uses to balance wildlife populations with available habitat. Inadequate hunter access and/or hunter harvest shall allow populations to grow, increasing game damage on the Property and adjacent properties. Hunting by authorized residents of The Village (at Avon) or guided guests, could continue on the Property as long as safely allowed. However, it is required that all prospective hunters must receive written permission to hunt a specified area by the Master Developer or its designee. Secondly, the Master Developer shall decide what type and level of hunting, if any, is compatible with development, what areas may be safely hunted, and when all hunting on the Property shall be terminated as the Property builds out. 18. Educating Residents. Homeowners shall be educated about wildlife issues within the Property by providing each homeowner one copy of this Wildlife Mitigation Agreement at the time of closing and copies of the CDOW bear and mountain lion brochures. Other wildlife - related education sources could include a "Living with Wildlife" book similar to that prepared for other surrounding subdivisions located in sensitive wildlife habitats. 999369.9 D-8 EXHIBIT E Minimum Design Guideline Standards I INTRODUCTION The general concept of these guidelines is to provide for certain minimum guidelines for the design of improvements {within The 'pillage (at Avon). The Village (at Avon) Design Review Board will prepare, adopt, and utilize a moire detailed design mview guide, This set of minimum guide es is intended to provide cerin assurances to the Town of Avon with regard to the matters covered below, A. Overall Deign Theme The overall design theme for The Village (at Avon) is to establish an attractive appearance for visitors and residents and yet be flexible enough to allow for affordable design solutions, In addition to the ,guidelines established within this document, The Village (at Avon) will be preparing detailed supplementary architectural site planning, landscape design guidelines for various areas within the project, and adopting Design Review Board Rules and Procedures, B. Purpose of the Guldelines The purpose of this document is to establish certain, nliny urn deign guidelines fur The Village (at Avon) and to serve as a tool for making design decisions as the project evolves, In addition to the Design Guidelines, there are several other documents that may affect the design and development of property within this study area. It is strongly recommended thatdevelopers, architects, and property owners review these docurnents prior to rnaki g any developmentldesign decisions. These documents include The Village (at Avon) PUD Guide, covenants, and Town of Avon bui [ding codes. Contacting The Viliage (at Avon) Design Review Hoard and the Town of Avon Deparh ent of Commumty Development to review and discuss these and other pertinent documents is a prudent first step in the design/development process, 999369.9 E-1 11 DESIGN REVIEW PROCEDURE I he design review requirements for The Village (at Avon) will follow timeframes and submittal requirements as described in The Village (at Avon) Design review Board Guidelines, Rules and Procedures.. In order to facilitate development approval, site [)Ll'. ;in11 a c°hitee_ctu-al cvl'(:w should occur as a coordinated process. The applicant should be marc. ,-aC rcvWW iitnct-ables ;end should structure plan submissions so that sufficient time For plan Triodi lrrc ations, can be scheduled. A. Pre -Application Conference Prior to the formal submittal of any request for approval to proceed with building sits; improvements., an informal pre -application conference shall be held let-, een the applicant and the Design Ro lcw Beard. This cor7furencc shall serve, to acquaint the appiicarit with the Design 6uldelines and to allow staff to become familiar wi% the applicant's development intent and Jcsigri philosophy. A schematic site plan and building concept drawings aid in discussion at this conference, however applicants are cnc011ra-ed not to prepare detailed designs which might require extterrisive revision as a result of the pre -application conference. An applicant should bring the following informati on :[r a brlef summary: • {f_rener`u project concept • Specrl!tc uses pmposcd, and int nsify of use propcscd (floor area a"d parking dentoid) • Proposed constntullon dining General concepts ccinceroirr ; h uj lcling sii,,e an eaterlcrrmaterials, aucd site plan concepts.: - An exterior materials package including, roof maternal and color, wall treatment, glass and &7.ing. N Site plan concepts including sits; organization, landscaping, trtrg tion, grading, la ]itin _ and signs. B. Governing Authority and Regulations The Village (at Avon) Design Review Board is charged with the function of reviewing and acting upon the general design and appearance of any building, construction, pavin.t-,, gracling or landscaping proposed on any lot or paruel of land within The Vi alae (at Avon). The Village (at Avon) Design l,tv: lcw Board will review any building, building alteration, landscaping, or signage proposed Within The Village (at Avon) will bo mviowed for wrnphancc With the rrritmrium guidelines 999369.9 E-2 cstahl shecl in this document as well as additional guidelines created by The '4 IIage, (aI Avon) Design Review la oard. Ill l_'RBAN D FS'PG N C ; r ran Design, as re:latcd to tl.icse guidelines, refers to all aspects of the ilovelopment excludlin architcctu.rc, within the urbanized area. of The. Village (at Avon) soirt.h of irntcnswi�` Highway 70. It includes the relationship of building to site and outdDor space. -s, parking areas and access, pedcstrianways and Sidewalks, landscaping, streetscapes and street fti dture, sculpture, signs, fencing, and lighting. Ouil r -ally all. those elements that create the image of a Town and how they are combined are considered the Urban Designs A. Gerneral Design Considerations umuudii.g the buildings and alonr ffiL public ways, landscape plantings, walks, pahl.ic, li.a liar. & sits; lurnrs11111�71, .incl si.mage should create a year- round, uuhurml and festive atmclspherc. It is til LC combination of the archite.cttrral and landscape styles that will create The Vill-age (at Avon). 1.ar d%caping should be considered an ince ral gars of the design of all pro -leets. Mdividual properties should be L; slgncd to respect and cribance th dcsi&m of streets -capes. The most ;:ippmpniate shrubs and trees are those that are known to be hardy, and which have a natural appearance w[thin Avon's inountain-valley locatlnil. B. Area Wide Guidelines Siting, Conditions buildings anal other irnprctvtmmts shOUld bu individually desi;med for the wits on which they are to be placed. The site and its relationship to other structures, .secnie values, views and climatic orientation should be the domin:Lm CaCters in the dee iL,=,n IM11 siting of buildings, Pedestrian -ace cssways should be 10C0T)0MLed inti} the sitede5igns. 13liddings and ir77l7rovements should he designed and sited to confnni'l to the te=rrain aril Icy take: ddVl prrtage ofvicr ,,i. I' T°r iced }�uil.riiir s artil I�tit`kin will minimize site disturbance, provide loss costly consmiction and provide oppo nities for privacy and views by grade separation. P=ive solar design as a component of the architectural design of mdi.vidual buildings is encouraged. 999369.9 E-3 The use of suit exposure -reducing elements such as overhangs, pergola's, canopies, eaves and awnings can be designed as integral components of the architectural design. Outdoor spaces such as courtyards and plazas can 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 hall 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 condi tions. Complete vehicular circulation, including back up and turn around .areas, if applicable must be provided. Permarcnt parking areas must be concrete, asphalt, or other lard surface with spaces clearly marked. Two handicapped stalls per cath 100 stalls is recommended. Snow storage areas equaling 15% of all outdoor surface -parking areas are recommended, Driveway or maneuvering areas within a Parking lot must be designed ed to provide for safe and masonable maneuverability Qfvehicles. Striping.. All parking spaces within permanent paved parking areas must be striped in a manner clearly showing the layout of the intended stall. Maintenance; All parking areas must be maintained in a safe and sanitary condition and kept in goad repair. Provisions should be made for the plowing of snow from all outdoor surface -parking areas. Parl a ng Area ,Lana' cape: Parking area interior landscape can be coned to islands. Trees, flowers, grasses and shrubs are rwornmended for these islands. Drainage: The builder is responsible for preventing erosion of the site bath during construction and after the project is complete. Runoff' of silt, debris or sedimentation onto adjacent streets, gutters, sidewalks, rights-of-way, storm drain systems or adjacent properties should he avoided. The Town of Avon's stormwarter and drainage manual should be reviewed and used as a guideline. Drainage mi to common open space areas is not allowed except in planned drainage channels or drai.uae easements. 999369.9 E-4 Drainage, swa-lui sliuuld not surfaeL� drd-M lac-ress MaJO %Va Wa'VS or trail systems. Drainage can tie piped or rock lined if flow-, ;M; si&FniricaM and/or if it flows, into natural channels_ Parkin; bays and walkwkvs should not slope toward the building wirboul adequate proviision" for drnmi ini7 storm water away frorn thQ structure, All paved arcas moist be sloped to ,properly drain. Paved; ares must bedesigned to carry surface,. water to the nearest pr`attfLal street, stOrnx drain or natural wxatcr coo nsc approved by the E.7esign lZeview Board, Concentrated flowsof water from parking areas she uId be coIIected I an appropriate manner. A detailed drainage study, if deemed appropriatc, mast be prepared by a Civil Engines and 9ubmittod to the Design Review Board for approval. All landscape development, including specific landscape elments'such 1.3 planters, retaining walls, and beans rnust be approved by the; Dosig,r1 Review Boar& Plant material selection and placement roust ensure safe sight manes to traffic and signs. Carc should be taken that no hazards are created for pedestrians and vcWcics by plant litter. Plants are to }ie installcd said maintained acc-ording to sound horticultural practices. Plantings must be consistent in quality and character with an appmvcd materials list by the Do -,I -ii PeView Board, Shrub planting, beds can he mulched to prevent erosion and help rtn.Lin moisture. All planting reds c_m be contained on all sides by a hard edge (i.e. sidewalk, wood, or steel cilgMAI, bki ilding, or curb). Snow loading should be considered '}seri Icfk {LtiJrg shnib areas so as to avoid winttir damage to plants. Shrubs should be a nummum size of five gallon. Hedges, in winter, become snow fences and must be placed accordingly. Frees: Trees must be planted to provide foF tree growth witficut disruption of adjacent areas. Each tree or ne "clump" must Inc no smaller titan two inches its caliper. Replacement, if necessary, and maintenance of each trey is the responsibility of the builder. Lead trees must be replaced promptly with a tree offhe sank type, €luality aTid size. 999369.9 E-5 Trees should he chosen and locatcA to ppovidc a fu ajon such as screening, shade, view enfranlernent or accent. Accent plantings can OCCUr at loe_adU11s such as building entrico, t)arcel entries or pedestrian areas, Care should be cL ken where sciccting and locaung trees so that Evergreen trees don't sip. if cantly shade, streets in wintei crcalin , hayardouis Icing conditions; nor should they block south facie, wind wv I itnitirtid Solw- access. Mulches: Mulches ciin be utilized to treat the areas around tree and shrub plantings its all runes. Rock muldi is chseoinaged adjacent to aspFialt arca:j, Grasses: G-asscs can be used in several situations, two of which are: In large open areas as a soil stabilizing agent and for visual effect fpriniarlly viewed front vehicular traffic). Closc to pedestrian areas where visual refief'from extensive pavement is desired. In large open areas numerous grass mixes can be considereJ. Thought should be given to wager requireracuts and availability,-.mintmance requirements, potential fire hazard of dry grass, and visual e fcc.t desired. In these areas, rough grass mixes could be utilized. Native grasscs and wildFlow ers"holhs require less water, less mowing and lend themselves kvell Lo the: perimcLur areas, and when utiliized, should be selected to snatch adjacent rmlive grasses. In niorc intensively developed area with pedestrian traffu. anticipated, bluegrass trtix,cs� can be utilized to provide a lush, great appear.atic-c. Bluegx ss mixes require more water and mowing than rough or dTyiatld grasses and should be used judiciously. Irrigation: Irrigation is required in all f6m)al `.4tndseaped areas. The intent is to keep the plant material hcalffiy in q)pearancc her mecting plant water rcquirements for proper growth and development. Tho type of irrigation will be deCumined by the intensity of lartt_lucape developirent and the as~soc ,aced water requirements of the placit species, )~or example, parking lot islands that contain only river rock mulch asld trees may receive a drip irrigation system whermas plates that ha•�,c hlucgrass, as well as trees and sbrubs will rNui a more traditional irrigatinu wMcros. 999369.9 E-6 Suggested irrigation tochniqucs depending on .he,: intensity of Un( cape development include t:ht. FO I 10 Wing: * iketomati£: spray i.m ation :systcrr • 11? allual sprav irrigation sv,stcm + Automatic:-t-Ickli in-igLill on system • Quick coupler �;ystc.iii Exterior Furnishings., Witbin the landscape, tlirce-dimensional ohiec:ts aTe the most readily Pcrruive.d. Careful design laud use of these elements in the public and semi-public areas i scritical in or&,r to convey vey permanence and identity, as well as theme. F'urniishings should b4 provided as appropriate and c.s(.�iblish character through a unilicd jesign vocabulary, and provide strong visual coTitinuitywbile I'ullilling functional requirements. Alechanical Screening: GIuLiud-niowiled Mluit)ri'eILL such as power trai;6156rnitr; A, -Id Mfr handling Nuipment gust be scrcc:nud frorn public view by eithcr rimerials integral with Lhc budding, a fence. or Jandscaping. all or v%hic.h mclst be approved by the Design RcVlew ]Board prior 1.0 ccxnscruc:tiuri. Uti 11w boxes should be located away fftoin building,, (oward parcel property lines or paintM to match .iur-roundings. Tn Al cases, plant material rnust he.. usod to screen these boxes. Fencing may be used in combination with plant materials, Yhonc pedestals, meters and transformers will, hie -hover possible, occur to ffic side and rear of buildings. Vacuum breakers (irrigation rtluiipm it) will b-: Incsalcd below grade iii inspection pit housings cir. adequately{ screen by l�►ricls+.�Epi�l�. Trash .ampsters: Trash dunip tern shall he properly screened on ddl aides and enclosed by a roof if located outside. enriee Area Screening - All service areas ars: In he properly screened from adjacent land uses. 999369.9 E-7 IV Lighting: The lighting systems will serve functional and aesthetic roles, These include: * TO provide socurity and visual safety. • To scare as dirwtionat indicatcros for both vehicular and pedestrian traFfic. ■ TO provide extended outdoor use time, particularly in pedestrian gathcring areas. * Tu reit fbi-cc the identity and character through form, calor and rnatenals of fixtures, visual light quality and placement, In all commrmerciallteWl and office parcels, lighting plans must be approvcd by the Design review Board. 1'ed e,s trtan Scale Lighting; The use of low level light sources at the pedestxiim scale to aeceni c,A illuminate the ground plane provides a special opportUERY to rcirlferc e the unique identity and "sense ofpt=e" found in the area. This; is achieved h�, a vanety of lighting fixture types and Inwcr mounting heights. Ai 11i"11L these design elements provide fight for safety and aestlioic effect.. B5: cim , the ,physical des ,and sizes lend animation and .scale to i3ccl4st7��1 spaces. Fixtures at a height of 16" can be uti3ized to i himinatc [3edestriar7 traffic areas. Additional pedestrian scale lights may be utile, inc u&ug Smaller bollard light (42" height) and canister type lights on overhead 4r -L C"lyres. Handicapped considerations; Consideration for the handicapped should bo a part of the design process for any project in accordance with appropxiia:te ADA oxindatds. TECRMCAL DESIGN RECOMMENDATIONS Grading and Drainage The following grades should be observcd. a Ground shall slope .array from a]I buildings at a Minimum of Siix inches (6") in temp feet (10). a All planted area's should drain at a minimum sof two percent (2%0). Maximum slopes on planted ams should be 2:1 (grass 4:1). * All paved streets and dnveways with curb and gutter should drain at a minimum of one-half percent (1 /2%)0 999369.9 E -O • 1I walkways and other paving should drain at a minimum of ane p=ent {1 Maximimi ramp grade should he eight percent (8%). Walkway slopes should he kql to a minimum to ensure pedestrian safety in the winter. • At parking, hays should drain at a minitnuin ofone-halfpment (112%). Maxi uni grade shoLJd he !ivc l+ureent to =sure pedestrian safety on ice and snow. Landscaping (recommended plant matcn ls) Deciduous Tri. • Ash 9 Aspen a Cottonwood Evergreen Trees: • Blue Spruce. • Douglas Fir i Pondm),sa Pini:% f .imhcr pine Deciduous Sbrubs: • BufPaloberry • Ccmmou Lilac • Mountain Maliagimy • Potentil€a Evergrruen Shrubs: a JitT21��f « Y Ucc.a Ground covers/Flowers: • .r i-tcmesin • Daylily • Mahoma Grasses: Slue Stem Bloc Crr&ma Bu.f to Grass ie-scue • llackhcrry no berry Sumac Willow • l��r�Ili7� f Wildflowm 999369.9 E-9 Re(*mmended Mulches: Signs: Cobble: Four to six inch (4"- b") average diametor, Lan or gray in color. Cobble shmild be, infilled with ane -quarter inch f 1/4-) peat ravel to inhibit weak growth. • Washed R i v c r kc One-half to three-quarter irieh (1 /2 average diarnetcr, szxtor th and tan or gimy in color- Gravel should be installed a AdLdm am of throe i_raches (3') dccpa * Wood clh ps, Pale Peelings or HLlual' Free of sticks or litter and should be im,t,alled a niiuimum of three inches (3") dcep- The purpose of these cri.tcria is t(, cst.ablish dcm �n sta+adards that iiasure the owner and tuts lderau kation and vri,sua] conti+lulk [ nIess otlaenvise approved by the Design Rev.iet Board as part of a unified si�,l�L��;� tal.an for a par#icul� project; the following sign stwid�Tds shall apple; Prospective owners and tenants should rcview the ctitcriei and t}terr co-ordinate directly with a selected sign contractor. After a drawing has leen prepared which me is tenant's approval, final drawings should be submitted to the Design review Board for approval. L)Tuw Ings ShOU41 indicate si V, color, type face, illurninatior4 locations, layout, Jnstallation mct[locl, auld 'wiy other pertinent InformatiOn. Material and c()Ior sarxlpleti Should also he submitted. General .'sign Recommendations: * No animated, flashing., titue-Amperature or audible signs will be permitted. * All signs and their imtallation must comply with all local building and electrical codes and bear the UL label. * 'f.'here must be no exposed MCCWaYS, crass -overs, conduits, conductors, transforrners, or unti.on boxes. * RotatMg 51'r_'I15 will not be omitted. * No si�*17 tna� r�:ien[i ala Ove the rooflane of the building. +► the letter stylrr, color, and material may he selected by tenant with approval by th-c l lesig n Review, Board, Highly stylized or extremely ornate type faces will riot be allow ud, uttiess it is an establisbcd trademark. • No advertisirxg placards, l wincrs, pumanis, insignia, rra(V.-narks or other descriptive matc ual cLui he affixed or rtaaintafiwd aionp the. glass panels and supports o shot d0017s or upralq tlic cxtc.r'ic?r walls. of the building. 999369.9 E-10 • '-NCj sigt} tn'Mufi cturer's labels or other ident J i Ica tiorr wall be Iic•.r-rri0ted on the cxpoged surface of signs, except those "quired by local ordinance which must be in an incuLLspiCLIO ;s location. * No sign, ulvertisement- billboard or advertising strucwrc: of any kind may lic. displayed fur public v1UW on any Portion of the pmpertit�s or ou any loot e%cept in accordance with the standards scl by, .and with the prior written approval of the Design Rte v . nv Board. • X411 Sigqiz� mast c uiLfurtti to prescribed setback and sight lines unlcss otlierwISL authorized. Cr'ommer-cial/keta l Signs: The length L-srwti,' sign must nr]i exceed 1;1 of;he rel-ud store frontage. The area of the sign must not exceed 10% € f elle star efronI area. Spacing between adjacent signs must be a minimum of four feet (4'). The"copy' and "logo" criteria for each sign is as follows: Tenants may only display their established trade names, or simply state their basic products (i.e. "Baker Shoes"). No additional advertising -will be allowed (i -e, "`Discount Sales", "Quality Shoes", c:tc. ). Retail/commercial shops at corner locations will be allowed no more than three signs (two fascias and one arcade). Shops in all other locations will be per ittod only two signs (one fascia and time arcadc). Free-standing buildings having four (4) exposed elevations will be allowed to have signs cmly on two primary exposed elevations, unless othc wise approved by the Design. Review Board. Office igQs: Signs for office structures are to be monument type. Maximum height a.ilowance will be six feet (G') with twelve feet (12') as a maximum horizontal dimension.. Ceneral Lighting Recommendations: Illuminating Engineering Society Criteria and Standards will prevail. Ave—raze faot candle levels vylll apply: Art.crial -- 1.0 Cc hector – 0.5 Lcacal Road 0.4 Comrnt:r:iaVBLIsir :_ss .Pa6uri,g Lots -- 0,6 999369.9 E-11 i Minimum foot candle lewls must be approximately 1/3 -'14 of the average foot eandie level, * A rninimmn un i form tv ratio of 3:1 must be maintained. + Light polc-ti w] l,c a maximum of 35', steel} aluminum or fiberglass poles, ' High Pressure soiIJllm RYps) lataps will, be used. • Controls shmild kit liplit sensing types and integral to the fixture. 999369.9 E-12 EXHIBIT F Street Standards Street Design and Improvement Standards. Development within The Village (at Avon) shall comply with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by the standards set forth in this Exhibit F. (a) Street Descriptions and Types. a. Post Boulevard (constructed): this Urban Arterial Road extends south from Swift Gulch Road (constructed) to US 6 and has an interchange with I- 70. Curb, gutter, and attached sidewalks are provided along both side of the roadway, and on the eastern side only between Fawcett Rd. and Yoder Ave., within a 84' - 100' R.O.W. The posted speed limit on Post Boulevard is 30 MPH, changing to 35 MPH at the north end. b. Yoder Avenue (constructed): this Urban Collector Cul-de-sac Road extends east from Post Boulevard (constructed) to the Cul-de-sac. Curb, gutter, and attached sidewalks are provided along both sides of the roadway, and on the south side only from Fawcett Road to the cul-de-sac, within a 60' R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. C. Fawcett Road (constructed): this Urban Collector Road extends between Post Boulevard (constructed) and Yoder Avenue (constructed). Curb, gutter, and sidewalk are provided along both sides of the roadway, and along the western side only from the Wal-Mart entry to Yoder Ave., with -in a 60' — 71' R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH. d. East Beaver Creek Boulevard (temporary): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). The posted speed limit of 30 MPH. (1) No commercial through traffic shall be permitted. e. Swift Gulch Road (constructed): this Rural Local Road extends from Avon Road to Post Boulevard (constructed). An 8' wide multi -use trail exists with -in the varying width R.O.W. f. East Beaver Creek Boulevard (conceptual): this Rural Local Road extends from Avon Road at the western edge of Lot 1, to Post Boulevard (constructed). Hard shoulders shall be provided within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of East Beaver Creek Blvd. 999369.9 F-1 (1) No commercial through traffic shall be permitted. (2) Provided that East Beaver Creek Boulevard does not connect to Post Boulevard, cul-de-sacs may exceed 1,000 feet in length and serve not more than 450 Dwelling Units; The portion of such cul-de-sacs serving 250 or more Dwelling Units shall be constructed to Rural Collector Road, and the portion of such cul-de-sacs serving less than 250 Dwelling Units shall be constructed to Rural Local Road. g. Main Street (conceptual): this Urban Local Road extends from the western edge of Lot 1 at Chapel Place to the roundabout at Post Boulevard (constructed). Curb, gutter, and sidewalk shall be provided along both sides of the roadway, within a 50' (min.) R.O.W. for the eastern and western segment, and 80' (min.) R.O.W. for the central segment as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Main Street. h. Swift Gulch Road (conceptual): this Rural Local Road extends east from the roundabout at Post Blvd. (constructed) through Planning Area J, the United States Forest Service parcel, to Planning Area L Hard shoulders shall be provided within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Swift Gulch Road. i. Road A (conceptual): this Urban Local Road extends from East Beaver Creek Blvd. (conceptual) to Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along both sides of the roadway, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road A. (1) No commercial through traffic shall be permitted. j. Road B (conceptual): this Urban Local Road extends from the western roundabout of Main Street (conceptual) to the eastern roundabout of Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along one side of the road, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road B. (1) No commercial through traffic shall be permitted. (2) At the option of the applicant this may be designated as a one-way street. 999369.9 F-2 k. Road C (conceptual): this Urban Local Cul-de-sac Road extends north from the eastern roundabout of Main Street (conceptual) to the cul-de-sac. Curb, gutter, and sidewalk shall be provided along both sides of the road, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road C. 1. Road D (conceptual): this Rural Local Cul-de-sac Road extends east from East Beaver Creek Blvd. (conceptual) to the cul-de-sac. Hard shoulders shall be provided, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road D. In. Road E (conceptual): this Rural Local Cul-de-sac Road extends north and east from the roundabout at Post Blvd. (constructed) and Swift Gulch Rd. (constructed) to the cul-de-sac. Hard shoulders shall be provided, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portion of Road E. n. Spur Roads F -N (conceptual): these Rural Local Cul-de-sac Roads extend from Road E (conceptual) to their cul-de-sacs. Hard shoulders shall be provided, within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F, and may, at the option of the Applicant, be constructed and installed in phases contemporaneously with the phased development abutting the applicable portions of Roads F -N. 07 Roads located within Planning Areas I, K, and RMF -1 (conceptual): Any additional roads not currently designated shall be Rural Local Roads with hard shoulders within a 50' (min.) R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F. (b) Modifications to Street Standards. (i) Minimum Driving Surface: a. Roads within Planning Area K east of conceptual Lot 84: 20 feet b. All other roads: 22 feet (ii) Minimum Shoulder: 2 feet each side, paved a. Shoulders shall not be required if curb and gutter are installed. Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder. 999369.9 F-3 (iii) Design Speed: 30 MPH except as listed below a. Post Boulevard (constructed): 35 MPH b. East Beaver Creek Boulevard (temporary): 35 MPH C. Spur roads F — N (conceptual): 25 MPH (iv) Posted Speed: 25 MPH except as listed below a. Post Boulevard (constructed): 30 MPH b. East Beaver Creek Boulevard (temporary): 30 MPH C. Spur roads F — N (conceptual): 20 MPH (v) Maximum Grade: 6% except as listed below a. East Beaver Creek Blvd.: 8%, provided that: (1) the grade is not maintained for a distance in excess of 500 feet; and (2) no spur roads or driveways will have access points during the run of 8%. It is an acceptable approach to reduce the grade to 6% at the spur road or driveway access points and then increase the grade back to 8%. b. Swift Gulch Road (conceptual): 10%, provided that: (1) the grade is not maintained for a distance in excess of 800 feet; and (2) no spur roads or driveways will have access points during the run of 10%. It is an acceptable approach to reduce the grade to 8 1/2% at the spur road or driveway access points and then increase the grade back to 10%. C. Spur Road F (conceptual): 10% d. Road E (conceptual): 10%, provided that: (1) the grade is not maintained for a distance in excess of 800 feet; and (2) no spur roads or driveways will have access points during the run of 10%. It is an acceptable approach to reduce the grade to 8 1/2% at the spur road or driveway access points and then increase the grade back to 10%. 999369.9 F-4 (vi) Minimum Curve Radius: 100 feet (vii) Minimum Site Distance: 200 feet (c) Retaining walls. (i) Retaining walls over four feet in height or any wall supporting a vehicular load or structure shall be structurally designed and certified by a Colorado licensed professional engineer. (ii) Retaining walls supporting naturally accruing topography and other site development constraints over four feet in height shall be designed with a series of retaining walls with landscaped terraced steps. The width of the terrace between any two four -foot vertical walls shall be at least four feet. Retaining walls higher than four feet shall be separated from any other retaining wall by a minimum of five feet horizontally. Terraces created between the retaining walls shall be permanently landscaped. (iii) Retaining walls supporting a vehicular load or structure shall not exceed 29 feet in height unless approved by the Town Planning and Zoning Commission, provided that retaining walls occurring along Road E (conceptual) between SP 241.00 and SP 260.00 shall have no height restrictions as specified in the conceptual illustrations. (d) Dedication to Town. All streets installed and constructed in accordance with the street design and improvement standards contained within Sections 7.28 and 7.32 of the Development Code, as modified by this Exhibit F, shall be eligible for dedication to the Town for ownership and maintenance. 999369.9 F-5 The Village (at Avvm) 999369.9 F-6 ❑) Pose Boulevard (constructed) V RIES VARIES VARIES Id Id VARIES VARIES, VhRI � A�r�WW k -F WILY iRA961wt MG IIlAA6 LY£ -aez f�SR O rig Post Boulevard (constructed) Urban Arterial Rocd (constructed) 999369.9 F-7 UrLan Local Road Road B (One way option) Urban Local Road 999369.9 F -O 80' R.O.W Z � '-�'� 6�-�,� 10'-9" 11'-n" ti, -0- 1tJ'-0" (i° -d° 1 �-4� Ld Ld J Y�tYIWtl WIhtYJtl RAR K LAME —IM I M41" PIiP19YC LANE I M.. MU1WW J Co6LLEENNAAIK Y m H L E 19'U' OO9 TRALEL WIpE iR0.14 LAIE 1�6' 9E LANDw— 9YEMNx Y - - M + M mI mI AW On Street Parking Option 80' R.O_W Ld 14`-d" 10'-0" 11'- ° °!?'-a° _Om 1t'-�" 10'-0" 14'-[5" a J Z5�"iIILJI. YAU1Y1y —W —E YIMYWY WI 1— 11W1 PaRgK LAME WWYW6A1 Ww, ! GE 1Rat4EL LAWE —PE IRAYFL LIRE WT OE 5CEYJlJI J 1R14VEL LANE LWp5CYFE TRAL41 LAVE 10"lY d Otl AREA ivy � 45Y 2! Y O U U � m � m m F m H V) Z W Boulevard Option 80' R.O.W. z VARIES 2`-6° 11"_0"l`-0° �,_[7"'_0" `1'-i7° VARIES VARIES a �` El@EW�Wf YNW6W WIMY�11 WkIYI;Y PAFBfNG L4M£ 9dEVYALI! U 1R14VEL LANE LWp5CYFE TRAL41 LAVE 10"lY d Otl AREA ivy � 45Y 2! Y m ¢ V1 Angled Parking Option Main Street central segment) Urbcn Local Road 999369.9 F-9 Sidewalks both sides Option VARIES 50' R.D.W. Zr-0^VARZ5 JKL�i =-. 'I ----n Optional Center Turn Lune VARIES VARIES Sidewalks one side Option (only if R.O.W. is adjacent to RR) Main Street (eastern segment) Urban Local Road 999369.9 F-10 M re Sidewalks both sides Option On Street Parking Option Main Street (western segment) Road A, B, C Urban Local Rocd 999369.9 F -I 1 26'-0e xxYue xMrw AIPMiEEA WGUL6R R' MIN F'-9' 11'—�^ 11"-0' —®� 8' MIH. ruri xrul� velar 3xGf x7cxA:� .,�c w�+a t[+� 2wxi uaar sra rwo �x+xx:c e�uxrx Typical With Bike lane {by ethers) ryxwlr xxxr S" MIN. C' 1f-0` i0'—p' 10'—C" Ci S' MIN. 3ie3i W+YY 'MER 7WM S i' ii4rrla !MI liR4'd UMC UMC TTAsiL Loi S"If91.4Q PMS Gllr%ME pllr%4riE SE kl Rural Collector Rend NOTE. Center turn lane may be required to accommodate turn lanes a# intersections urcl Reeds 999369.9 F-12 s r«r.� S' MIN. —�� 11'-4` 11'-0" S'—D' S' MIN_ S11Crt N4�.�Y vm— WE LAE 4+iM simwc um uPMx.� mr.tt we mx�,a uMc smt^" uo et�lr� With Bike lane {by ethers) ryxwlr xxxr S" MIN. C' 1f-0` i0'—p' 10'—C" Ci S' MIN. 3ie3i W+YY 'MER 7WM S i' ii4rrla !MI liR4'd UMC UMC TTAsiL Loi S"If91.4Q PMS Gllr%ME pllr%4riE SE kl Rural Collector Rend NOTE. Center turn lane may be required to accommodate turn lanes a# intersections urcl Reeds 999369.9 F-12 EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon) PUD 1. Development Code Provisions: (a) § 7.08.010 Definitions (b) § 7.16.020(b)(5) Multiple Applications (c) § 7.16.060(i) Lapse of a Final PUD (d) §§ 7.16.0600)(1)(ii) & (iii) Revocation of a Final PUD (e) § 7.16.070 Subdivision (f) § 7.16.090 Design Review (g) § 7.16. 100 Special Review Use (h) § 7.16.140(b)(2) Vested Property Rights Created (with respect to amendments to any Site Specific Development Plan) (i) § 7.16.140(g) Forfeiture of Vested Property Rights 0) § 7.20. 100 Employee Housing Mitigation (k) § 7.24 Use Regulations (excluding § 7.24.080, Temporary Uses and Structures, as modified by this PUD Guide) (1) § 7.28.020 Parking and loading (m) § 7.28.050 Landscaping (n) § 7.28.070 Retaining walls (o) § 7.28.080 (b)(2) Fences (p) § 7.28.090 Design standards (q) §§ 7.2 8. 1 00(a)(3)(i), (v) & (x) Natural resource protection (r) §§ 7.28.100(a)(3)(xiii)(D) & (E) Natural resource protection (s) §§ 7.32.010(c)(2) & (6) Standards and Specifications (t) § 7.32.020(e)(6) Buildable Area 999369.9 G-1 (u) § 7.32.020(e)(7) Building Envelopes (v) § 7.32.030(c) Compliance with Town Specifications Required (w) § 7.32.030(1) Grades, Curves, and Sight Distances (x) § 7.32.030(m) Cul-de-sacs (y) § 7.32.040(c) Minimum Width (z) § 7.32.040(e) Grades (aa) § 7.32.040(k) Maintenance (bb) § 7.32.080 School Site Dedication (Pursuant to Section of the Development Agreement, Section 7.32.080 of the Development Code with respect to school site dedications) (cc) § 7.32.090 Park Land Dedication (dd) § 7.40 1041 Regulations 2. Other Municipal Code Provisions: (a) § 3.40 Impact Fees (b) § 8.32 Wildlife Protection (c) § 15.24 Solid -Fuel -Burning Devices (d) § 15.28 Sign Code (e) § 15.30 Outdoor Lighting Standards (f) Impact fees enacted or adopted after the Effective Date, the impacts of The Village (at Avon) being adequately mitigated by, among other matters, the payment of the impact fees set forth in Section of the Development Agreement. (g) Pursuant to Section J.16 of this PUD Guide, any affordable housing, attainable housing and/or employee workforce housing provisions of the Municipal Code. 3. Any other provision of the Municipal Code expressly superseded in whole or in part pursuant to any other provision of this PUD Guide. 999369.9 G-2 EX141HIT H Referenced Development Code Sections Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific. procedure control- Table 716-1 indicates the specific review and approval procedures of this Chapter, with Section references_ Table-.16-1: Development ReiiewPioceditresand Reiiew Authoiir.�- Noce&re Direfrar PZ( rc ConWrehewive Plan Amendment (§7.16.030) R -1-P. H -D Code Text Amendment [§7.16.040) R --i-F, H -D Rezoning, (§7.16.050) R __I_P H -D Phoned Unit Development (§7.16.060) Adm iantrative PUD D A Prehmmary PUD R 111-P ILUD Final PUD R H -R H -D Administrative Subdivisicu (§7.16.070) D A Nfinnr SiAxii-mian (§716.070) R H -D Major SIrbffivlsicu (§7.16.070) Prelmnnar� Plan R _H_R H -D Final Plan R H -D A=exation §7.36) R 11-P H -D Minor Development Min (§ 716080) D A Major Development Plan (§7-16.080) R H -D A Major Development Plan in Town Core (§7.16.080) R H -R H -D Design Review (§7_16_090) R H -D A Special Re-, iew Use (§7.16.100) R H -D A Variance (§ 7.16.110) R H -D Al Alternative Equivalent Compliance (§7.16.120) R H -D or H -R A oi- E -D Right-ref-wayllacation (§7.16.130 R ELD Vested Property Rig* (§7.16.040) R H -R H -D Location, Character and Extent (§7.16.150) R H -D A Appeal (§7.16160) H -D R= Review+ Recm=endatioas H = Public Hear* D = D"ion A = Appeal 7.16.020 General procedures and requirements. The following procedures shall apply to all development applications which are reviewed under this Chapter 7.16. (a) Step 1 i Pre -application Conference. A pre -application conference is required for an development applications unless waived by the Director. The pre -application conference serves to assist the applicant with (1) identify mg information which must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues and (5) determitung appropriate fees- The Director may include other Tov%m representatives in the pre -application conference as deemed appropriate- The applicant shall provide sufficient information 999369.9 H-1 to the Director at least five (5) business days prior to a scheduled pre -application conference, unless such time frame is waived by the Director- Minimum information shall include applicant information, property description, description of the proposed development or nature of the development application and conceptual site plans or drawings which illustrate the nature of the development application, The Director may determine that the information provided is insufficient and request additional information- If the applicant fails to provide sufficient information for a pre -application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre -application conference. The Director may provide a written letter after the pre - application conference summarizing application submittal requirements, review procedures, development standards, planning issues and required fees- The informal evaluation of the Director and staff provided at the pre -application conference are not binding upon the applicant or the Town. Critical issuesrelevant to a development application may not be apparent at the pre -application conference and may require additional review, submissions or studies later in the application process_ (b)Step 2: Application Submittal. (1) Applicant- The owner of real property or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application- No development application shall be received for processing or approved and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town_ (2) Application Submittal Requirements- The applicant shall submit the application to the Director_ Applicationsubmittal requirements for every application type shall be established by the Director on submittal forms available in the Administrative Manual from the Department of Community Development or on the Town's website- The Director may adopt standards and requirements for three- dimensional electronic and graphic information for application submittal requirements- The Director may waive submission requirements where appropriate to specific applications,- however, the waiver of any submission requirement shall not preclude the Planning and Zoning Commission or Town Council from reqLurmg such infonnation where deemed necessary for evaluation of the development application with the applicable review criteria. The mininium submittal requirements for all applications shall include: (1) Completed application form; (ii) Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant-, (iii) Title insurance commitment which has been updated within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions; (iv) Legal description of the property subject to the development application-, (v) Development application review fees-, and (vi) Survey no more than three (3) years old stamped by a surveyor licensed in the State of Colorado. 999369.9 H-2 (3) Required Studies and Reports- Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria- Such reports include but are not limited to studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts and/or environmental impacts. The applicant shall funush the reports or studies needed at the applicaut's sole expense- The Town may require independent peer review of any report or study provided by the applicant. The applicant and the Town may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. A-11 required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the Director and set forth in the Administrative Manual - (4) Concurrent Review Permitted. Where multiple development applications concern the same property, then the Director may permit concurrent review of the development applications for efficiency and practicality - (5) Multiple Applications- A single property shall not be permitted to have more than one (1) application of the same type being processed concurrently - (6) Fees. Fees shall be paid in accordance with Section 7.04.100, Fees. (c) Step3: Application Processing (1) Det erminationof Completeness- A development application shall be reviewed for completeness by the Director within ten (10) bus -mess days after receipt. If the application is deterniMed to not be complete, then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the Town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria- A determination by the Director that the application is incomplete may be appealed to the Town Council in accordance with the procedures in Section 716160, Appeal - (2) Referral to Other Agencies- Development applications may be referred to other agencies for review and comment- The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report- The Planning and Zoning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review, criteria. Referral I of development applications to other agencies shall provide a rUMM-uni timeframe for review and comment of fourteen (14) days for development plans, design review, variances, amendments to text of the Development Code and minor subdivisions, and twenty-one (21) days for preliminary sub&VIsion, planned unit development, planned unit development amendments, re -zoning and 1041 permits; however, the timeframe for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified- Referral agencies may include, but are not limited to - (i) Any utility, local Improvement or service district or ditch company, when applicable, 999369.9 H-3 (ii) The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a night -of -way, interchange or other facility-, (iii) The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas and sand and gravel areas that would have a sigmficant impact on the proposed use of the land, Any other agency concerned with a matter or area of local interest that could be affected by the application-, (3) Staff Review and Report. The Director shall review the application in accordance with the criteria established in this Chapter and shall prepare written findings of fact- If authorized as the decision-making authority-, the Director shall inform the applicant in writing of the findings and deterniination. If not authorized as the decision-making authority, the Director shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision- making authority. (4) Required Processing. Applicants shall be required to continuously and diligently pursue their development applications, which shall include responding in a timely manner to staff comments and requests- An applicant which fails to respond to staff comments or requests for a period of four (4) .months shall be administratively withdrawn by the Director unless the Director determines that good cause exists to extend the application timeframe and appToves, such extension m_vvnting_ (d) Step 4: Notice- Notice shall be required for all public hearings conducted by the Planning and Zoning Commission and Town Council_ (1)Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the To mi at least eleven (11) day sPrior to the hearing date - al 1119 (2) Mailed Notice- For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property- If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting- Mailed notice shall be sent by the Town at the applicant's expense. The Eagle County Assessor's records may be used to determine the addresses of real property owners- The Town shall -include a certificate of.mailing in the public record_ Mailednotice shall be required for zoning amendments, subdivision, planned unit development and variance applications_ (3)Notice Content. Every required form of notice shall state the time and place of the he.ulng, the name of the applicant, a general description of the subject property -indicating its location sliall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the. Director's office during regular business hours for review or inspection by the public and a statement that written coniments may be submitted to the Community Development Department- All required notices shall be approved by the Director prior to posting or distributing. 999369.9 H-4 (4) Constructive Notice_ Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements_ Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede comlrnuucation of the notice to affected parties. In all cases; however, the requirements for the timing of the notice and for specifying the tinie, date and: place of a hearing shall be strictly constmed_ Any person who appears at a public hearing is deemed to have received constructive notice and waived any ,grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewilmg or decision-making body shall make a formal fording as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing and posting of notices as required by this Section, it shall be presumed that notice was given as required by this Section_ If the reviewing or decision-making body takes action to continue a hearing to a Riture specified date, timie and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required. (e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, Town staff has completed Town staff review and referral agencies have had an opportunity to provide comments_ The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full_ A complete application shall be scheduled for an initial public hearing within seventy-five Q5) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Council may continue a public hearing on its own initiative for a maxummum of thirty-five (3 5) days after the date of the initial public hearing without the consent of the applicant_ The PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant_ (f) Step 6: Review and Decision_ The following nrles shall .apply to review, recommendations and decisions conducted at public hearings: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application_ The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. 999369.9 a-5 (2) Authority to Require Additional Studies- If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary- In doing so, the reviewing authority shall indicate the specific consequence(s) or concern(s) for which the standard subinrttal requirements fail to pimade adequate means of evaluation and the data or inforniation needed for proper evaluation- The results of any study or analysis shall not dictate either approval or disapproval of the proposed project. (3) Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation. (4) Conditions- The reviewing authority may recommend approval or may approve a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code- Conditions shall be in written form and attached to the approved plan, plat or permit- Conditions may include specific time limits for performance of any condition- Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety or welfare or where deemed necessary to protect adjacent property or public infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the Town and shall be executed by the applicant_ (5)Final Decision- A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to the Town in accordance mth Section 7.16.160, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision- The Town shall mail the written findings and notification of decision to the applicant within five (5) working days of the decision of the reviewing authority- The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code, and only a decision of the Toirm Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the Director or the. PZC shall be deemed to be a waiver of any right to legally challenge such decision_ (g)Minor Amendment. The applicant may apply to the Director for minor amendments to an approved development application. Minor amendments to an approved development application may be approved-, approved with conditions or denied administratively by the Director- The Director is authorized to approve minor amendments only if the development approval, as so amended, complies with the standards of the Development Code. The Director may refer a minor amendment to the decision-making body that was responsible for the original approval if the Director determines that the amendment may result in a material change to the approved development application. Proposed amendments to an approved development application which are determined by the Director to not be a minor amendment shall be reviewed and processed in the same manner as would be required under this Development Code for the original application for which the amendment is sought and shall include full application fees- Minor amendments shall consist of any of the following: (1) Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the Director, provided that such change would not have disqualified the original application from administrative review under this Development Code had it been requested at that time-, and provided that the minor amendment does not result in an increase of 999369.9 H-6 more than ten percent (10%) in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project_ (2)Correction of any errors caused by mistakes that do not materially alter the substance of the development plan or plat as represented to the Council_ (3)A change to an approved design which results in a ten -percent or less -increase to lot coverage, ten percent (10%) or less increase to building height; adjustments to building footprints, access and parking configurations which are less than ten (10) feet; alterations to the landsca .pig plan or drainage n plan winch substantially comply with the original approval-, and changes to doors, windows, roofs or building articulation which are less than two (2) feet and wch do not alter or diminish the overall design character as approved- as are all determined by the Director - (4) Changes to an approved development application which do not result -in - (i) An increase in the approved number of dwelling units; (ii) An increase in the amount of squ=are footage of a nonresidential land use or structure-, (iii) A change in the housing mix or use mix ratio-, or, (iv) A change in the character of the development - (h) Termination of Approval- All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request- The Director and the PZC may provide one (1) extension for a maxinium of one (1) year- Town Council may provide multiple extensions and may provide extensions greater than one year. (Ord- 11-04 §4-1 Ord. 10-14 §3) 7.16.030 Comprehensive Plan amendment. This Section sets forth procedures for reviewing proposed amendments to the texts and maps of the Avon Comprehensive Plan. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy and to advance the general welfare of the Town - (a) Review Procedures- Applications to amend the Avon Comprehensive Plan shall follow the general review procedures set forth in Section 7-16-020, General Procedures and Requirements. Applications to amend the Comprehensive Plan my be initiated by the Town Council, any registered voter of the Town or any property owner in the Town. (b) Re -view Authority. The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing- The Town Council shall render the final decision on an application to amend the Avon 999369.9 H-7 (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; (14) For rezoning within an existing PUD, consistency with the relewmt PUD Master Plan as reflected in the approval of the applicable PUD; and (11) Adequate mitigation is rewired for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure- (d) nf astructure_ (d) Mitigation_ Zoning amendment applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate :mitigation of such impacts_ Greater intensity of land use or increased demands on public facilities and iufrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library- Adequate mitigation may include providing dedications of land or cash -in -lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. ((]rd- 10-14 §3) 7.16.060 Planned Unit Developinent (PUD). (a) Purpose_ This Section is intended to allow flexible development patterns that are not specifically provided for in this Development Code. It is the purpose of this Section: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Toon; (2) To promote development within the Town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size and proximity-, (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, flood plains, existing topography or rack outcroppings, unique areas of vegetation, historic landmarks or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space; (7) To n irlui e adverse environmental impacts of development, (8) To finprove the design, quality and character of new development, and 999369.9 a-0 (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. (b) Eligibility Criteria. All of the follownigcriteria must be met for a property to be eligible to apply for PUD approval- (1) Property Eligible- All properties within the Town are eligible to apply for PUD approval- (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3)Consistent with PUD Intent_ The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in Subsection 7 - 16 - 060(a) (4) Compatibility With Existing Uses. The proposed development shall not impede the controlled use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit- ArecognIzable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where, such benefit would otherwise be infeasible or unlikely_ (6) Preservation of Site Features. Long-terns conservation of natural, historical, architectural or other sigmificant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7)Sufficient Land Area for Proposed Uses- Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the P-L-JD projects and to ensure compatibility between uses and the surrounding neighborhood- (c) Dimensional and Development Standards- The following dimensional and development standards shall apply to all PUDs- (1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district- If there is no underlying zone district, one shall be established prior to or concurrently with a PUD approval- The rezoning process set forth in Section 7-16-050 shall be used to establish the underlying zone district. (2)Permitted Uses- PUD uses shall be limited to those allowed either as permitted, accessory or special review uses in the underlying zone district - (3) Development Standards- Chapter 7-28, Development Standards, shall apply to PUD projects. (d)General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD,- and 2) the final PUD- The final PUD can only be filed with the Town for review and processing after the preliminary PUD has been approved or conditionally approved by the Town Council- The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights-of-way or access control, nor shall the filed PUD plan be the neither the equivalent of nor substitute for the final platting of land- Specific procedures for preliminary PUD and final PUD are outlined below - 999369.9 H-9 (1) Coordination with Subdivision Review. It is the intent of this Development Code that subdivision review required under Section 7.15.070, Subdivisions, if applicable, be carried out concurrently with the review of PUD development plans ruder this Section_ If subdivision approval is required for the subject property,. the PUD plans required under this Section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals_ If any provisions of this Section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the Town Council. (e) Procedures for Preliminary Planned Unit Development. The general procedures set forth in Section 7.15.020 shall apply to preliminary PUD applications_ Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both. the PUD and subdivision preliminary plans_ The provisions and procedures for public notice_ hearing and review for a PUD as prescribed in this Section shall apply to the application. (1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a mi11URuum: (i) A quantitative summary of existing conditions on the subject property, (ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit and a list of temporary uses,- (iii) ses;(iii) Parking analysis based on proposed uses, (iv) Density of uses proposed; (v) Location of public and private open space; (vi) Location of existing and proposed buildings on the site; (vii) Road, street and pedestrian networks proposed; (viii) Drainage facilities, (ix) Existing or proposed utilities and public services; (x) If development is to be phased, a description of the phase components and timing; (xi) A statement that development on the site i ill meet applicable standards of the underlying zoning district and this Development Code or a ;statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications-, and (xi) A statement specifying the public benefits to be contained in or associated with the PUD_ 999369.9 H-10 (2) Not -lee. Where subdivision approval will be required to implement development in a proposed PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements. (3) Reviewing Authority- The PZC shall review a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a preliminary PUD application after conducting a public hearing - Unless otherwise approved by the Toi%m Council, approval of a preliminary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan. (4) Review Criteria. The PZC and Towm Council shall consider the following criteria as the basis for a reconialenlation or decision to rezone a property to PUD overlay and approve a preliminin., PUD plan: (1) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality my include, but are not limited to_ improvements in open space provision and access-, environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments_ (ii)The PUD rezoning will promote the public health., safety and general welfare; (iii) The PT -TD rezoning 1-5 consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b)l- (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protect -ion and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development: (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated, (vi) Compared to the underlying Zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract, and (vii) Future uses on the subject tract will be compatiblein scale with uses or potential future uses on other properties in the vicinity of the subject tract. (5) Submission Deadline for Final PUD Master Plan- Within six (6) months following approval of the. preliminary PUD plan, the applicant shall initiate the second stage of the application process by filing with the Director a final PUD plan and subdivision plat if necessary, contaimilg in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code- Upon written request by the applicant prior to the application lapsing,, the Planning and Zoning 999369.9 H-11 Conmussion, for good cause, may extend the period for filing the final PUD plan for a period not to exceed six (6) months. (f) Procedures for Final Planned Unit Development Approval- The general procedures set forth in Section 7.16-020, General Procedures and Requirements, shall apply to final Planned Unit Development applications subject to the follo,WT1119 except -ions and additions= L (1) Pre -Application Conference- A pre -application conference shall he required, uilless waived by the Director_ (2)Contents of the Final PUD Master Plan. The final PUD master plan shah contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in Subparagraph b. below-_ In addition to the materials required in the administration manual, the final PUD master plan shall include the folloixing: (i) Phasing Program- A document describing any proposed phasing program of the development for all structures.. recreational and other coninion facilities and open space improvements, including time schedule for coinmencenient and completion dates of construction of each phase- Intermediate phases shall not exceed overall project density, and a pro rata allocation of conmion open space shall be made as each phase is developed_ (ii)Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required. (iii)Plats for Recording- A copy of any subdivision plat, plat of dedication or plat of vacation that may be a necessary part of the PUD rezoning is required. (iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting development of construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same_ (3)Permitted Minor Changes From a Preliminary PUD Master Plan- Minor changes in the location, siting and height of structures, streets, driveways and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the prelinunary PUD development plan is approved- No change authorized by this Subsection may cause any of the following: (i) A change in the use or character of the development, - (ii) An increase by more than me percent (1%) in the overall coverage of structures; (in) An -increase 111 the density or intensity of use; (iv) An increase in the impacts on traffic circulation and public. utilities, (v) A reduction of not more than one percent (1%) in approved common open space; 999369.9 H-12 (4) Reviewing Authority- The PZC shall review all final PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing- The Toi�m Council shall review and render a final decision on a final PUD application after conducting a public hearing. (5) Review Criteria. The PZC: and the Town Council shall review the final PUD development plan and PUD rezoning according to the same approval criteria listed above for preliminary PUD development glans_ {g)Recordation- The applicant shall record the approved final PUD, as approved, in the office of the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD is not recorded, the approval of the Town Council shall be deemed to have been withdrawn, and the approval shall be null and void_ (h)Amendments to a Final PUD. The provisions of Subsection 7.16.020(g), Minor Amendment, are applicable to PUDs_ (1) Lapse. Unless otherwise provided by Town Council, development of an approved PUD shall commence Within twelve (12) months from the approval of the final PUD plan- If development has not e onunenced within twelve (12) months, the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property back to its prior zoning classification or, in light of other conditions, to another zoning classification and revocation of all permits issued and action taken_ 0)Revocation of a Final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this Section_ (1)Initiation of Revocation Proceedings- Revocation of a PUD may occur if (i) The landoivner or a majority of the owners of property willim the subject PUD., petition for revocation of such PUD plan in whole or in part-, (11) The project falls more than three (3) years behind the phasing plan or schedule filed with the final PLTDI (iii) Construction and/or application for building permits have not commenced within one (1) year of approval of the final PUD by the Town Council-, or (iv) The construct -ion and provision of landscaping, buffers, open space and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components. (2) Public Notice Requirements. Prior to the Town Cotmeil meeting, notice shall be given 7-16-020(d)- (3) Review Authorities_ Planningand Zoning Coninussion meeting and the in accordance with the provisions of Subsection (i) Planning and Zoning Commission Public Hearing- The Planning and Zoning Commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force or postpone the application- The Plan amg and Zoning Commission shall not recommend 999369.9 H-13 revocation of the final PUD to the Town Coiuicil unless the Planning and Zoning Commission makes the findings required for revocation- The Planning and Zoning Coninussion inay impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat. (u) Town Council Public Hearing- The Town Council shall hold a public he-UM9 and determine whether to revoke, postpone or keep the final PUD in force- The Town Council shall not revoke the final PUD unless it makes the findings required for revocation- The Town Council may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat. (4) Required Findings for Revocation- The PlamIling and Zoning Commission shall not reconunend revocation and the Toa m Council shall not revoke uiy, fugal PUD unless the following findings are made - (i) Revocation proceedings were initiated pursuant to this Section, and (11) The property owners were notified no less than sixty (60) daysPil 'or to PhIlIlluila and Zoning Conitiussim action on the rev, ocation; and {iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the revocation pursuant to the provisions of Subsection 7-16-020(d), and (iv) The PUD is not compatible with the surrounding area; or (v) There is not a need for the uses in the area 'included within the PT -0 plan, of (vi) The PUD will have adverse impacts on future development of the area, or (vii) The traffic generated by the PUD plan will have adverse impacts on the neighborhood and the surrounding area; or (viii) The PUD will have adverse impacts on commimity facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection� recreation facilities, park lands and open space; or (1x) The PUD will have adverse impacts on municipal infrastructure in the area, -including but not limited to water service, wastewater service, storni water service, transportation system and street systems; or (x) The PUL) will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public. hearing; or (m) The owner or applicant has not met all dates established in the PUD plea for the commencement of construction of the PUD or for a phase of the PUD plan:, or (xii) The revocation is 'in conformance with the provisions contained in applicable sections of this Code, consistency with the adopted Comprehensive Plan for the To Am and applicable specific plans and relevant Tovm policies. (OTd. 10-14 §3) 999369.9 H-14 7.16.070 Subdivisions. The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan. (a) Applicability- The procedures of this Section and the standards in Chapter 7.32, Engmeering Improvement Standards, shall apply to all subdivisions or re -subdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums, apartments or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law- If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the Imes of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that: (1) Is created by a lien, mortgage, deed of trust or any other security instrument, - (2) Is created by any interest M_ an investment entity, - (3) Creates cemetery lots-, (4) Creates an interest or interests in oil, gas, minerals or water that are severed from the siuface ov4mership of real property; (5) Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in coronion of such interest. For the purpose of this Paragraph, any. interest in common ov, ued in Joint tenancy shall be considered a single interest (6) Creates a leasehold 'interest with a term of less than twenty (20) years and 'involves no change In use or degree of use of the leasehold estate-, (b) Subdivision Categories. Categories of subdiusions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure: (1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvenients. (2) Minor Subdivisions- Minor subdivisions -include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat and subdivisions which move any lot hues by more than two (2) feet- but shall not include subdivisions which are administrative subdivisions_ Condonu'mhim and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions_ 999369.9 H-15 (3) Administrative Subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) twits and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots- The Director shall have the authority to detemilne that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application or multiple applications presents issues which warrant rev ieiv and approval by the Town Council- All administrative subdivisions are exempt from notice requirements outlined in Subsection 7 -16 -020(d) - (c) Re -view Procedures- Applications for a subdivision shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for subdivision must be 11,11tiated by the owner of real property- The. Director may combine prehmmary plan and final plat review ivhere the subdivision application can be reviewed efficiently and effectively with a combined process_ Wheresubdivision approval be reqLm . red to implement development in a proposed PUD, the applicant shall file a single preliminary plan -incorporating the application requirements of both the PUD and subdivision preliminary plans- The provisions and procedures for public notice, hearing and review for a PUD as prescribed in the Development Code shall apply to the application_ (d)Review Authority. The review authority for a subdivision application shall be deterl=ed by the subdivision category_ (1) Major Subdivision. Major subdivisions shall be required to obtain approval for a prelimivar_� plan and for a final plat_ The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing- The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing- The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing- The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. (2)Minor Subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed-, how, ever, the review criteria for a preliminary plan shall, apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Town Council shall render the final decision on a minor subdivision application after conductmg a public hearing- Minor subdivisions shall be approved by resolution or ordinance of the Town Council_ (3)Administrative Subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat- The Director shall review and render decisions on administrative subdivisions- A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. (e)Preliminary Plan Review Criteria- The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plan subdivision applications - (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets- Applicants shall. 999369.9 H-16 not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible-, (2) The subdivision application shall comply with the purposes of the Development Code-, (3) The subdivision application shall be consistent With the Avon Comprehensive Plan and other conununity planning documents-, (4) The land shall be physically suitable for the proposed development or subdIVISIOM (5) The proposed subdivision shall be compatible with surrounding land uses-, (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services' - (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan-, (8) The utility lines are sized to serve the ultimate population of the service area to avoid future tared disruption to upgrade tinder -sized Imes-, (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area-, (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD -1 (11) Appropriate utilities, including -water, sewer, electric, gas and telephone utilities.. shall provide a "conditional capacity to serve"" letter for the proposed subdivision" (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed -in a way that MIDIMI es the arnount of land disturbance, 1111tim"lize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing treeshegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code-, (13) Evidence that provision has been nuide for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations-, (14) Evidence that all areas of the proposed subdivision that may 'involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed-, (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; 999369.9 H-17 (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Tovm; and (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. (f) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteri-a shall apply to review of a final plat subdivision application - (1) The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (1) The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size, - (n) The lots and parcels have descriptions that both close and contain the area indicated-, and (iii) The plat is correct in accordance with surveying and platt-ig standards of the. State - (2) The final plat conforms to the approved prelinlillary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the prehniinary plan-, (3) The final plat conforms to all preliminary plan criteria; (4) The development will substantially comply with all sections of the Development Code-, (5) The final plat complies with all applicable technical standards adopted by the Town; and (6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and teleconununication facilities. (g) Public Improvements Guarantee- Guarantees for public improvements shall comply with Subsection 7_32 -100(c) - (h) Revocation- An approval of a final plat is revoked pursuant to this Section - (1) Recording- The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Council- In the event that the plat is not recorded, the approval of the Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat. (2) Vacation- The final plat approval shall include a determination of a reasonable time by which the project should be completed- All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project ect should have been completed. A plat or any portion thereof that has been 999369.9 H-18 finally approved by the Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Council. (3) Extension- Extensions of the tine limit for project completion may be obtained from the Council for good cause shoran, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted. (Ord. 10-14 §3) 7.16.080 Development plan. The purpose of the developaient plan revIieIV process is to ensure compliance with the development and design standards and provisions of this Development Code- It is designed to encourage quality development reflective of the goals, policies and objectives of the Comprehensive Plan_ (a)Applicability- A development plan shall be required for all neNv development and any modification to an existing development or development plan_ (b)Development Plan categories- Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Major Development Plan- Major development plans -include all new building construction over six hundred (600) square feet-, (2) Minor Development Plan. Minor development plans include the folloxviug: (1) All new building construction six hundred (600) squue feet or less; (ii) Modifications to Dumpster locations-, (iii) Screen wall modifications; (iv) Landscape modifications, including!, but not limited to removal of existing vegetation and addition of new vegetation-, (v) Deck modifications, including but not limited to additions, new construction and materials or color modifications-, (vi) Mechanical equipment modifications; (vii) Modifications to the exterior of an existing building, including but not In-111ted to ivIndows, doors:. Iffi'llor architectural details, colors and materials; and (viii) Other similar changes to a stiucture or property that do not significantly impact the site layout or design of a building. (c) Review Procedures- The general review procedures described in Section 716020, General Procedures and Requirements, shall apply to development plan applications. All development plan applications shall also comply with the procedures listed in Section 7.16.090, Design Review- Specific additions and modifications to the general review procedures are identified below.. 999369.9 H-19 7.16.100 Special rexiew use. (a) Purpose. This Section. provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features- The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large- Special review uses that may be allowed in each zone district are listed in Table 7-24-1, Allowed Uses. (b) Applicability- A Special Review Use (SRL) permit is required for any use allowed by special review as outlined in Table 7.21-1.. Allow -ed Uses_ (c)Review Procedures_ Applications for a special review use shall follow the general review procedures set forth in Section 716020, General Procedures and Requirements- Applications for special review use may be initiated by the owner of property for which a special review use is desired_ (d)Review Authority. The PZC shall review and render a decision on an application for a special review use after conducting a public hearing. The decision of the PZC may be appealed to the Town Council pursuant to Section 716160, Appeal - (e) Re -view Criteria- The PZC shall use the following review criteria as the basis for a decision on an application for a special review use: (1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; (2) The proposed use is consistent with the purpose and intent of the zoning g district in which it is located and any applicable use -specific standards in the Development Code-, (3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics-, (4) Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will. 1}e mitigated or offset to the maximum extent practicable-, (5) Facilities and services (including sewage and -waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development: and (6) Adequate assurances of continuing maintenance have been provided_ (f)Duration and Expiration- Special review, use approvals shall expire pursuant to this Section- The PZC may approve a SRU permit in perpetuity, but may assign a shorter time as deemed necessary- At least thirty (30) days prior to the expiration, the holder of the special review use approval may apply for a review hearing before the PZC_ The PZC shall review the use against the criteria in Subsection (e) above to determine whether the special review use will be allowed to continue_ 999369.9 H-20 (1) Developments and uses gnuited by a special review use permit shall be developed or established in accordance with an approved development schedule or within two (2) years of the date of approval if no development schedule is established- Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit. (2) If an approved use ceases operation for any reason for a period of one (1) year, the special review use permit shall be deenied expired- If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Director shall be notified in tinting, Identifying the new person or entity responsible for niaintaming the conditions of the approval.'permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the Toivn. (3) If conditions of approval are not maintained, it shall be considered a violation of this Code and subject to revocation proceedings. (Ord- 11-10 §2 Ord- 10-14 §3) 7.16.110 Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted- A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures, thereon; from topographic or physical conditions on the site or -in the in-iniediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity- Cost or inconvenience to the applicant of strict or literal conThance with a regulation shall not be a reason for granting a variance- It is not the intent of this Section to allow, variances in the classification of uses of property - (a) Review Procedures- Applications for a variance shall follow the general review procedures set forth in Section 7-16-020, General Procedures and Requirements. Applications for variance may be initiated by the owner of property for which a variance is desired - (b) Review Authority_ The PZC shall review and render a decision on an application for a variance after conducting a public hearing- The decision of the PZC may be appealed to Town Council pursuant to Section 716160, Appeal - (c) Review Criteria. The PZC shall use the following review criteria as the basis for a decision Oil an application for a variance - (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified - regulation is necessary to achieve compatibility and unfforinity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege-, (2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety-, (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance_ 999369.9 H-21 7.16.140 Vested property right. The purpose of this Section is to provide procedures necessary to -implement the provisions of Article 68 of Title 24, C.R-S., as amended. (a) As used in this Section, unless the context otherwise requires: (1) CommuW4, planning doniment means the Avon Comprehensive Plan, any other planning documents adopted by the Town through a public hearing process and any planning document adopted by other governmental and quasi -governmental entities that provide public services or facilities to the Town or which include the Town within their service or planning boundaries_ (2)Site spec�r development plan means a plamied unit development plan or any amendment thereto, approved pursuant to Section 716060, Planned Unit Developments, together with a development agreement approved pursuant to Section 7.16-140 hereof- A site specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Town Council upon request by a property o-�,Yuer-' however, such request shall not result in an application for a development approval other than a planned unit development plan to be treated as a site specific development plan for the purposes of Section 24-68-102.5(1), C.KS- (3) Vested prqpert , right means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development pian_ (b)Vested Property Right Created - (1) A vested property right shall be deemed to have been created only upon the approval of a site specific development plan HI accordance -Arith this Chapter_ (2) A vested property right shall only be created if approved by ordinance which may be combined with an ordinance approving a site specific development plan and an accompanying development agreement. Amendments to any site specific development plan shall be subject to this Chapter and shall have a new vested property right as determined by the Town Council. Any approval of a site specific development plan or amendment to an existing site specific development plan that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, Town Council may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Town Council under this Chapter. (3) The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town, including but not limited to the regulations contained in Title 15 of this Code, regulations concerning subdivision inTrovements and right-of-way dedications and regulations establishing requirements and specifications for any public infrastructure or public facility improvements_ Ordinances or regulations which are general in nature and winch are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town shall not be deemed to alter, impair, prevent, diminish, impose a moTatonuni on development or otherwise delay the development or use of a property with vested property rights regardless of the financial impact of such ordinance or regulation. 999369.9 H-22 (4) The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are general in nature, uniform in character and applicable to all properties or a similarly situated class of properties_ [c)Notice and Hearing- No site specific development plan shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). (d) Notice of Approval - (1) Each map, plat, site plan or other document constituting a site specific development plan shall contain the following language: (1) Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R-S.,. as amended and Title 7, Chapter 16 of this Municipal Code, as amended. (2) The failure of the document constituting a site specific development plan to contain the language specified in Subparagraph (d)(1)(1) above shall invalidate and void the creation of the vested property right- A notice stat -Ing that a vested property right has been created shall be published once by the Town in a newspaper of general circulation in the Tovm not more than fourteen (14) days after final adoption of the ordinance approving the site specific development plan- The notice shall include the following information: (1) A statement advising the public of the site specific development plan approval, including the name of the project, the type and intensity of the use approved and the specific property or development parcels affected-, (ii) A statement that a vested property right has been created in accordance with Article 68 of Title 24, C.R-S., and Title 7, Chapter 16 of this Municipal Code, including the duration of the vested property right; and (m) A statement that the citizen's lights of referendum shall rm from the date of ]Publication. (e) Duration of Vested Right_ (1)A property right vested pursuant to this Chapter after June 1, 2006, shall remain vested for a period of three (3) years- The Town Council may approve a period of vested property rights exceeding three (3) years by approval of a development agreement, which shall be part of the site specific development plan. (2) The guidelines in this Paragraph 7-16-140(e)(2) shall be considered when detemuning whether to grant vested property rights for a period greater than three (3) years, provided that site specific development plans that are granted vested property rights for a period greater than three (3) years because of the size, phasing or absorption rate of such site specific development plan should have separate vesting created for the various phases of the development, as set forth in Paragraph 7.16.140(e)(4). It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three (3) years. 999369.9 H-23 (i) The size and phasing of the development, specifically, but not limited to,, whether tile development can be reasonably completed within the vested rights period-, (ii) Economic cycles and specifically but not limited to resort community econonuic cycles, regional and state econonlic cycles and national economic cycles-, (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects-, (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; (v) Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, 'including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development-, Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by. the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities-, (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and Public facilities and for the pin -pose of meeting evolvM_g community needs-, (viii) The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights,-, (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon conmwnity, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans, and (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. (3)The Town may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public. health, safety and welfare of the Avon community_ (4) Any site specific development plan for a multiple -phase development approved after June 1, 2006- inay have separate vesting created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the Town Council. Such review, shall include but not be limited to whether the landoixmer, developer, successors or assigns are in compliance with its obligations to the Town, including but not limited to the terms and conditions of a site specific development plan, a development agreement and any other agreements between the landowner, developer, successor and assigns and the Town, as they may have been amended from time to time_ 999369.9 H-24 (f) Extension of Vested Property Rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least six (6) months prior to the expiration of the vested property rights- No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16-140(e)(2) shad be considered when determining whether to grant an extension to a vested property right- An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in Paragraph 7.16.140(4)(1) above shall apply to any approval for extension of vested property rights. (g) Forfeiture of Vested Property Rights_ (1)Failure to abide by the terms and conditions of a vested property right will result in a forfeiture of the vested property rights in accordance with the procedures set forth herein. (2) The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the Town Council stating the grounds therefor_ (3)No vested property right shall be deemed forfeited until after providing not -lee and conducting a public hearing. Notice shall be provided by publishing notice in a newspaper of general Circulation, posting notice in the designated official places of posting and mailing notice to the property owner sent to the address of record according to the County Assessor's records via first-class United States mail at least thirty (30) days prior to the date of a hearing. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be 'included with the mailed notice to the property owner_ (4)At the hearing, the To -%m ColLuicil shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a vested property night. The Town Council may continue the public hearing to allow, additional evidence to be gathered and presented_ (5) If the Town Council finds a failure to abide by the terms and conditions of the vested property right, the Town Council may take action by ordinance to declare the vested property rights forfeited. Theforfeiture of a vested property right shall have no effect upon public streets, alleys, rights-of-way or other lands or easements previously dedicated or conveyed to the Town or other public entities pursuant to the terms of a site specific development plan- Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use and general regulations 'in effect at the time of forfeiture and as such may be amended from time to time thereafter. (Ord. 10-14 §3) 7.16.150 Location, character and extent. This Section implements and sets forth procedures for the regulation of the location, character and extent of public facilities as provided by Section 31-23-209., C.R-S-, Legal Status of Official Plan, as amended. It is the intent of this Section to conform to the provisions of Section 31-23-209, CR -S., to define the factors to be considered in the "Location.,. Character and Extent" process and to prescribe procedures for the orderly consideration of location, character and extent applications in order to effectuate the purposes of the state statute. (a)Applicability- No road, park, public way, ground or space, no public building or structure and no major facility of a public utility shall be constructed OT authorized, and no building permit for the same 999369.9 H-25 shall be issued, 'in the To An unless and until the proposed location, character and extent thereof has been submitted to and approved by the Town. Routine extensions of public utility lines and InInorniodifications to existing facilities shall not, be subject to this procedure_ (b)Review Procedures. Applications for location, character and extent shall follow the general review- procedures eviewprocedures set forth in Sect -ion 7.16.020, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having jurisdiction over the public facility. Applications for location, character and extent may be combined with other application procedures and submittal requirements, including but not limited to development plan, design review and subdivision- The failure of the PZC and Council to act within sixty (60) days from and after the date of official submission of a complete application to the Town shall be deemed approval of such application. (c) Review Authority. The PZC shall review applications for location, character and extent after conducting a public hearing- The PZC may approve, approve with conditions or deny an application for location, character and extent. Ln case of disapproval or approval with conditions which are not acceptable to the applicant, the PZC shall communicate its reasons to the Council- The Council shall review such decision of the PZC as soon as practical after conducting a public hearing and shall have the power to overrule or modify such decision by a majority vote. The public hearing by Council shad only require posted notice three (3) days prior to the hearing- If the public way, ground space, building, structure or utility is one the authorization or fim-mcnig of which does not, under the law or charter Provisions governing the same, fall within the province of the municipal governing body., the submission to the PZC shall be by the governmental body having jurisdiction. The decision by the Council to disapprove or approve with conditions which are not acceptable to the governmental body having jurisdiction may be overruled by said governmental body by a vote of not less than two-thirds (2,3) of its membership. (d) Review Criteria- The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent - (1) Evidence of substantial compliance with the purpose of the Development Code-, (2) Consistency -with the Avon Comprehensive Plan; (3) Physical suitability of the land for the public way, place, structure, facility or utility; (4) Compatibility with surrounding land uses-, and (5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, -including but not limited to traffic, noise, odors, vibrations and property values. (Ord. 10-14 §3) 7.16.160 Appeal. This Section sets forth the procedures to appeal a decision of the Director or the PZC which is made pursuant to this Development Code- Only a final decision of the Director or the PZC may be appealed - Recommendations to a decision making authority are not subject to appeal_ (a)Appeal Procedures- An appeal may be submitted by an applicant for a development approval or by a Town Council member. The appellant must provide a written request for appeal of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the date of the decision- The Town 999369.9 H-26 Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal_ Writtennotice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least ten (10) days prior to the public hearing. (b) Review Authority- The Town Council shall review appeals of decisions of the Director or PZC after conducting a public hearing- The Town Council shall render the final decision on an appeal_ (c) Review Criteria. The Town Council shall use the applicable review criteria to the decision that is appealed- The Town Council shall review decisions de iwvo- (d) Town Council Decision Final. A decision of the Town Council is filial. An aggrieved person may appeal a decision of the Council to the district court or to another state or federal court of competent jurisdiction - (e) Decision- The Council shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal- Any decision by the Council that results in action modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the modification or reversal. Action of the Council shall become final immediately- FaEure of the Council to act within the forty (40) additional days shall be deemed action confirming the decision unless the applicant consents to an additional time extension- {Ord_ 10-14 §3) 7.14.OSO Temporary uses and structures. (a) Purpose- This Development Code allows for the establishment of certain temporary uses for limited duration, provided that such uses comply with the general and specific standards of this Section - (b) Applicability- A temporary use pernut is required for any temporary use or structure that may be allowed in each zone district as listed in this Section unless such temporary use is an exempt temporary use as defined in Subsection (f) below. (c) Review Procedures- Applications for a temporary use permit shall follow the general review procedures set forth in Section 7.16.020- Applications for temporary use permit may be initiated by the owner or lessee of the property for which a temporary use or structure is desired- A temporary use permit may be extended or renewed by applying for a new temporary use permit in accordance with the procedures and review criteria in this Section. (d) Review Authority. (1) Administrative temporary use permit_ An administrative temporary use perlint may be -issued for any temporary use as defined in Subsection (e) below, provided that the temporary use or structure 999369.9 H-27 shall not exceed thirty (30) days in a calendar year and the temporary use shall not include events exceeding three hundred (300) persons -in a single day- Administrative temporary use permits shall not exceed one (1) year in duration- No not -ice or public hearing shall be required for administrative temporary use permits. The Director may determine that the character of the requested temporary use requires PZC review with a public hearing- The decision of the Director may be appealed to the Town Council pursuant to Section 716160 (2) Temporary use permit- A temporary use permit may be issued by the PZC for any temporary use or structure not allowed as a use by night, or as an accessory use or special review use in the applicable zone district where the proposed temporary use or stricture exceeds thirty (30) days in a calendar year. The PZC shall review and render a decision on an application for a temporary use after conducting a public hearing. Mailed notice of the public hearing shall be provided in accordance with Paragraph 7-16-020(d)(2)- The decision of the PZC may be appealed to the Town Council pursuant to Section 7-16.120- (e) Teniporai�r Uses. The following uses shall be classified as temporary uses: (1) Temporary Structures- Temporaiy stnictures M-cludes, but is not limited to, temporary real estate offices, classroom, office, model home, including manufactured or mobile units or similar portable structures_ (2)Construction-related Activities. Constniction -related activities 'includes on-site construction activities that are not related to a building permit for the subject property (including construction trailers-, storage of materials and equipment, and employee parking). (3) Outdoor Sales or Events. Outdoor sales or events includes temporary outdoor display.." sales of merchandise (e.g., parking lot or sidewalk sales), seasonal sales (e.g-, Christmas trees, Halloween pumpkins, civic group merchandise), special events (e.g-, fairs, festivals or similar outdoor events, amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events and outdoor entertainment..-' sporting events, rodeos), and farmer's markets. (4) Temporary Parking for Special Events or Other Purposes_ (5)Other- Other temporary uses of a similar nature as determined by the Director_ {f) Exemptions- The regulations in this Section shall not apply to the following uses: (1) Outdoor sales or events which do not exceed five (5) days in any calendar year-, (2) Construction activities located on a subject property, -including the storage of construction materials and construction equipment, construction trailers and construction -related parking associated with a valid building permit for such property-, (3) Funeral processions, (4) Garage or estate sales; (5) Private parties-, 999369.9 H-28 (6) Weddings of munediate family of the homeowner-, (7) Regularly scheduled school events such as athletic events that use existing parking, traffic controls and public safety support-, (8) Natural disasters and emergencies, staging and assembly grounds- and (9) A governmental agency acting within the scope of its functions. (g) Permits for Special Events on Public Property. Permits for special events on any street, alley, sidewalk, public building or public park shall not be subject to the procedures and standards in this Section 7.24.080 unless the Town Council determines by mot -ion that a special event ninst apply for a temporary use permit, in which case the Town Council shall also determine if such application should be processed administratively or by public hearing by the PZC andlor Town Council. Special events on public property shag otherwise be subject to the following provisions of the Avon Municipal Code, including but not limited to: (1) Alcoholic beverage permits (Chapter 5.03, Liquor Licenses); (2) Arriplified sound (Chapter 524, AmipliEed Sound Permiits)-, (3) Public parks and special event areas (Chapter 9.40, Public Parks and Special Event Areas) - (h) Review Criteria- The following review criteria are the basis for a decision on an application for a temporary use permit - (1) The temporary use or struchii-e shall not cause unreasonable negative impacts to properties, residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of conditions on such temporary use or structure- Such negative impacts to consider include, but are not limited to: Visual, noise, vibration, trasli, hours of operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of property based upon zone district designations and community planning documents-, (2) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, roads and transportation, as applicable) will be available to serve the proposed tempor.uy use or structure while maintaining adequate levels of service for existing development-, (3) The temporary use shall comply with all applicable general and specific regulations of this Section, other Town ordinances, and state and federal law unless otherwise expressly stated-, (4) The applicant has demonstrated that he or she possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner; (5) The temporary use or structure is not of a nature that will become impractical to cease or remove over time; (6) Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary use or structare ceases-, 999369.9 H-29 (7) All temporary signs associated with the temporary we or stnxture shall be property permitted pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs first-, (8) The temporary use or structure shall not Violate any applicable conditions of approval that apply to a principal use on the site-, (9) The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits, (10) The temporary use or structure, including any associated parking and traffic circulation, shall not disturb sensitive or protected resources, including required red buffers,, one -hundred -year floodplains and required landscaping, Land the applicant shall agree to restore all disturbed areas of the site to the condition that existed Prior to the tenTorary use or structure (11) Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored and meet the requirements of the Building Official, -including fire rating-, (12) Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable parking plan shall be approved with the temporary use or struchwe-I (13) The temporary use -will not result in excessive deniands for police, ambulance, fire or other essential public seivices which may negatively impact the capacity of existing public services to meet existing public senrice demands or the applicant agrees to mitigate the 'increased demands for public sen,ices-I (14) The size, nature or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of mijw-y to persons and property, (15) Another temporary use permit application has not been received prior U-1 time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion-, (16) The location of the temporary use or structure Affli not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets; and (17) The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties, however, in no event shall a temporary use be granted for more than three (3) years. (Ord. 11-06 §2) 999369.9 H-30 EXHIBIT I Definitions The definitions of words and phrases set forth in this Exhibit I expressly supersede any additional or conflicting definitions of the same words or phrases set forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose of this PUD Guide and the interpretation, application and enforcement of this PUD Guide and related components of the Development Plan. When not inconsistent with the text, words used in the present tense include the future, words used in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The words "will" or "shall" are mandatory, and the word "may" is permissive. 2. Accessory Building, Structure or Use means a subordinate Building, Structure or Use located on the same Lot (or on a contiguous Lot in the same ownership) or Superblock on which the main Building, Structure or Use is situated, which is customarily incidental to that of the main Building or to the main Use of the Site, and which is reasonably necessary and incidental to the conduct of the Use of such Building, Structure or main Use. 3. Accommodation Unit(s) means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks, or balconies without passing through another Accommodation Unit. 4. Affordable Housin,t I means the sole and exclusive affordable housing requirements for The Village (at Avon) PUD, as set forth in Section J.16 of this PUD Guide, which expressly supersede any additional or conflicting provisions of the Municipal Code. 5. Agricultural Use means those agricultural activities commonly pursued in Eagle County including but not limited to the planting, cultivation and harvesting of crops, trees, grasses and similar crops used for production of hay and other animal feedstock, and the grazing of livestock; provided, however, that Animal Boarding, cultivation in connection with operation of a Medical Marijuana Business and large contained animal feeding operations (feed lots) and/or slaughter houses shall not be construed as an Agricultural Use. 6. Animal Boarding means the operation of an establishment, excluding the operation of Kennels, in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. Animal Boarding shall not be construed to be an agricultural Use eligible for being designated an approved Interim Use. 7. Applicant means the Landowner of the real property comprising the Site for which an Application is submitted, or an individual or entity whom the Landowner has designated in writing as its authorized representative for the purpose of representing the Landowner and/or acting upon any application or submittal for development of the pertinent Site (which may be a contract purchaser or owner of an option to purchase fee simple ownership of the Site or portion thereof with the fee owner's written consent to any such application or submittal, or which may be an owners' association for a Condominium project or like common interest ownership project). Notwithstanding any additional or conflicting provision of the Municipal Code, the 999369.9 1-1 definition of "Applicant" shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest in the Site, whether possessory or otherwise, other than fee simple ownership of the Site as reflected in the official records of the Eagle County Tax Assessors office. 8. Application means any form of application or submittal to the Town for review and approval of any form of development within The Village (at Avon), including but not limited to an application or submittal regarding an amendment to this PUD Guide, an amendment to the PUD Master Plan, a Preliminary Plan, a Final Plat, a grading permit, a building permit or similar matters. 9. Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building. 10. Arcade means a series of arches or similar architectural features supported on piers or columns. 11. Architectural Projection means a building element (i.e., Appurtenance, Arcade, Awning, Balcony, tower, steeple, portico, chimney, cupola and similar non -habitable features) which physically projects beyond the plane of a required limitation (i.e., height). Architectural Projections may project ten (10) feet or less beyond the applicable Building Envelope with the prior written consent of the Design Review Board. Architectural Projections may project greater than ten (10) feet beyond the applicable Building Envelope with the prior written consent of the Design Review Board and the Town. 12. Automobile Repair Shop (Major or Minor) means an establishment that does not sell fuel, gasoline or petroleum products which is primarily engaged in the service, repair or maintenance (including but not limited to paint, body and fender, major and minor engine and engine part overhaul, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, vehicle washing, detailing polishing similar services) of. (a) with respect to Major Uses, commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment; and (b) with respect to Minor Uses, passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment. 13. Awning means a roof -like cover (whether canvas, metal, masonry or other material) that extends in front of or over a doorway, window, deck, Balcony or entryway to provide protection from the sun, rain or snow. 14. Balcony means that portion of a Structure that is essentially open and outward from the main Building with a floor and a railing, with or without a ceiling or other form of cover, and higher than four (4) feet above ground level. 15. Bed and Breakfast means an establishment operated in a private residence or portion thereof that provides temporary accommodations to overnight guests for a fee and which is 999369.9 1-2 occupied by the operator of such establishment. For purposes of Dwelling Unit calculation, a Bed and Breakfast shall be considered one (1) Dwelling Unit. 16. Block means a unit of land designated as a "block" on a recorded Final Plat and which contains within its boundaries a group of individually platted Lots as designated on such recorded Final Plat. 17. Building means any permanent Structure constructed for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and a roof. 18. Building Envelope means the physical boundaries within which Buildings, Structures or other above -ground improvements may be constructed on a particular Site, subject to modification as provided in Section J.10 of this PUD Guide, being a three (3) dimensional volume circumscribed by: (a) the applicable Building Setback requirements; (b) the applicable Building Height requirements; (c) the applicable Site Coverage requirements; and (d) the applicable Lot Area requirements. Notwithstanding the foregoing, the following improvements are permitted outside of the Building Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and Dry Utilities. 19. Building Height means the distance measured vertically from the reference elevation (defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping roof, but excluding from the calculation of Building Height any non -habitable Architectural Projections. The parallel slope method shall be used for purposes of calculating the Building Height, and the "reference elevation" shall be: (a) within Planning Areas A, B, C, D, E, F, G, H, I, J and RMF -1, the Finished Grade; and (b) within all other Planning Areas, the Natural Grade or the Finished Grade (whichever is more restrictive). 20. Building Setback means the distance from a specified Site boundary line, a creek or a stream measured horizontally to a line or location within the Site which establishes the permitted location of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks, Drive Aisles, Driveways, landscaping features and fences required pursuant to applicable Town or other governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming pools) are not restricted by the Building Setback requirements. 999369.9 1-3 21. Bus Stop means a facility for the loading and discharging of passengers by publicly or privately operated buses. 22. Cabled Telecommunication Equipment means any equipment used to provide Cabled Telecommunication Service, but which is not affixed to or contained within a Cabled Telecommunication Facility, but is instead affixed to or mounted on an existing Building or Structure the Primary Use of which is not for the provision of Cabled Telecommunications Services. Cabled Telecommunication Equipment also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna or dish mounted on or affixed to an existing Building. 23. Cabled Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Cabled Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Cabled Telecommunications Services. 24. Cabled Telecommunication Service means services providing for the transmission through Dry Utilities facilities of analog or digital communications of any form and any similar services transmitted by or through fiber optic or other forms of below or above ground cabling, including but not limited to cable television, high speed data, telephony, and satellite television systems providing services to a Multi -family Dwelling, a collection of Single-family Dwellings, or a collection of Buildings within a Mixed Use Project. 25. Child Care Center means a facility, however named or denominated (for example, day- care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled, dependent and/or neglected children, but specifically excluding Family -care Homes), which is maintained, for the whole or part of a day, for the care o£ (a) five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager of such facility, whether operated with or without compensation for such and with or without stated education purposes; or (b) children under the age of six (6) years with stated education purposes which are operated in conjunction with a public, private or parochial educational facility, except for a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades so long as the school system is not also providing extended day care services. 26. Commercial Parking means a surface parking lot or Parking Structure that does not provide accessory parking to a specific Building or Use, is available for parking by the general public for a fee, may include reserved parking spaces, and which is owned by a private, non-governmental entity. 27. Commercial Use means the following Uses: (a) Accommodations Units; 999369.9 1-4 (b) Animal Boarding; (c) Automobile Repair Shop (Major or Minor); (d) bakeries; (e) banks and financial institutions; (f) bar and tavern; (g) barber and beauty shops; (h) Bed and Breakfast; (i) beverage stores; 0) Bus Stop; (k) business and professional offices; (1) Cabled Telecommunications Equipment; (m) Cabled Telecommunications Facilities; (n) Cabled Telecommunications Services; (o) car wash (as the Principal Use); (p) Child Care Center; (q) Churches; (r) cinema; (s) clinic, intermediate medical care facility (i.e., out-patient services only); (t) clothing stores; (u) Community Facilities; (v) commercial offices; (w) Commercial Parking; (x) Convenience Retail; (y) department stores; (z) Drive-in Uses; 999369.9 1-5 (aa) employment agency (bb) Extended Stay Hotel; (cc) Family Child Care Home; (dd) Grocery Store; (ee) Group Home; (ff) fitness centers and health clubs; (gg) furniture stores; (hh) hardware stores; (ii) Hotel, Motel and Lodge; 0j) Home Occupations, Minor and Major; (kk) Hospitals, long-term care facilities and other medical facilities including, but not limited to clinics, group and congregate care facilities, independent and assisted living facilities and nursing homes; (11) indoor entertainment facility; (mm) indoor storage; (nn) Kennels; (oo) laboratory; (pp) landscaping and snow removal services; (qq) laundromat/dry cleaning; (rr) Medical Marijuana Businesses, to the extent not wholly prohibited in the Town in accordance with applicable Town ordinance; (ss) medical and dental offices; (tt) meeting facility; (uu) newspaper and commercial printing shops; (vv) nursery or garden supply; (ww) Outdoor Storage; 999369.9 1-6 (xx) professional offices; (yy) real estate sales offices; (zz) photocopy and blueprint businesses; (aaa) Public Facilities; (bbb) Private Parking; (ccc) Public Parking; (ddd) Recycling Facility; (eee) Recycling Processing Facility; (M) repair shops; (ggg) Restaurants; (hhh) Retail sales, specialty and gift shops; ski tuning; bike assembly (iii) service and social clubs; Ojj) Service Stations; (kkk) Studios (music, dancing, photography, movie, art and broadcasting) (111) Temporally Divided Dwelling (mmm)theaters; (mm) trade schools and colleges; (000) Transit Shelter; (ppp) Wireless Telecommunications Equipment; (qqq) Wireless Telecommunications Facilities; (rrr) Wireless Telecommunications Services; (sss) Vacation Clubs; (ttt) Uses which the Director determines to be similar. 28. Community Facility means a publicly or privately owned facility, Building or Structure which is primarily intended to serve the recreational, educational, cultural administrative or 999369.9 1- entertainment needs of the community as a whole and is operated on a non-commercial, not for profit, non-profit or similar basis. 29. Condominium means any group of Condominium Units developed as a unitary project within a Site on which one or more Buildings are located. 30. Condominium Unit means an individual air space unit (as defined in C.R.S. § 38-33- 103(4)) together with the interest in the common elements (as defined in C.R.S. § 38-33-103(3)) of the Condominium appurtenant to such unit. For purposes of Dwelling Unit calculation, only Condominium Units which are designated for Residential Use shall be counted as Dwelling Units. 31. Convenience Retail means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday good and services, which may include, without limitation, ready -to -eat food products, groceries, over-the-counter drugs and sundries. 32. Community Development means the Town of Avon Department of Community Development. 33. Design Covenant means the Declaration of Master Design Review Covenants For The Village (at Avon) dated May 8, 2002 and recorded on May 8, 2002 at Reception No. 795011, as amended by the First Amendment to Declaration of Master Design Review Covenants For The Village (at Avon) dated June 4, 2008 and recorded on June 10, 2008 at Reception No. 200812112 and by the Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants For The Village (at Avon) dated September 16, 2010 and recorded on September 16, 2010 at Reception No. 201018341, and as may be further amended from time to time. 34. Design Review Guidelines means, as may be amended from time to time, The Village (at Avon) Design Review Guidelines dated , 19, as amended and as may be further amended or supplemented, and as prepared, approved and promulgated by the Design Review Board by the Master Developer and which establish the sole and exclusive architectural design, landscape design, urban design and site design standards applicable within The Village (at Avon). 35. Design Review Board means The Village (at Avon) Design Review Board as appointed or elected in accordance with the Design Covenant. 36. Developer Affiliates means, collectively, together with their respective successors and assigns and together with any other entity with respect to which Traer Creek LLC is the managing member and which acquires title to any portion of the Property after the Effective Date, Traer Creek -RP LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer Creek -HD LLC and Traer Creek-WM LLC. 37. Development Agreement means the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) concerning the Property dated as of , 2012, as amended from time to time. 999369.9 1-8 38. Development Code means Title 7 of the Municipal Code, as in effect on the Effective Date unless otherwise stated. 39. Development Plan means, as referenced in Section AA(b) of this PUD Guide, collectively: (a) this PUD Guide (together with each Exhibit hereto) and the PUD Master Plan, as amended, which shall control the zoning of the Property pursuant to the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S., and Section 17.20.110 of the Municipal Code; and (b) the Development Agreement. 40. Development Standards means the sole and exclusive planning requirements and regulations governing the development of the Property as set forth in Sections E and J of this PUD Guide, which expressly supersede any additional or conflicting provisions of the Municipal Code. 41. Director means the Director of Community Development. 42. Drive Aisle means the lane(s) within a parking lot or facility devoted to the passage of vehicles, as opposed to the parking stalls, and does not include lanes used only or primarily for drive-in customer service. 43. Drive-in Use means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 44. Driveway means a constructed vehicular access serving one (1) or more properties and connecting directly to a public or private road. 45. Dry Utilities means, excluding Infrastructure, conduit and sleeving for, and the installations contained therein, telephone, cable, fiberoptic and similar "dry" utilities intended to be privately owned, maintained and/or operated. 46. Duplex Dwelling means a single architecturally integrated Structure that contains two separate and independent residences intended to be occupied by two (2) families (or groups of people) living independently of one another, but does not encompass Primary/Secondary Structures. For purposes of the Dwelling Unit calculation, each residence within a Duplex Structure counts as a separate Dwelling Unit, thereby counting as two Dwelling Units per Duplex Structure. If the Site on which a Duplex Structure is constructed is subsequently subdivided into two separate Lots, each of the Lots and Dwelling Units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. 47. Dwelling means a Building or portion thereof the occupancy of which is exclusively for Residential Use as a Single-family Dwelling, Duplex Dwelling, Multi -family Dwelling (including Condominium Units designated for Residential Use), Major Home Occupation or Bed and Breakfast. 999369.9 1-9 48. Dwelling Unit(s) means one or more rooms with a single kitchen and at least one (1) bathroom and which is designed, occupied or intended for occupancy as separate living quarters for the exclusive use of a single family (or group of people) or individual independently from any other family or group of people, or an aggregation of Accommodation Units. 49. Effective Date means , 2012, and is intentionally distinguished from Original Effective Date. 50. Excluded Use means a Use which is specifically not permitted within a particular Planning Area, as distinguished from a Use by Right, a Special Review Use, a Temporary Use or an Interim Use. 51. Extended Staff means a Hotel/Motel/Lodge with Accommodation Units that have complete kitchen and bathroom facilities intended and utilized primarily for transient or semi - transient occupancy. 52. Family Child Care Home means a facility for Child Care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home, and may include any such other types of family Child Care homes as may be designated by rules of the State Department of Social Services pursuant to C.R.S. § 26-9-106(2)(p). 53. Final Plat means a final subdivision plat, including any replats thereof or amendments thereto, approved by the Town pursuant to Section H.2 of this PUD Guide. 54. Finished Grade means the final elevation of the ground surface after development. 55. Grocery Store means a retail establishment which primarily sells food for home consumption, beverages and other convenience and household goods. 56. Gross Square Footage means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the interior surface of joint partitions and outside walls. 57. Group Home means a Structure within which a state licensed facility for the care and/or housing of developmentally disabled persons, mentally ill persons, sex offenders, parolees or similar distinct groups of individuals is undertaken. 58. Guest House means a Secondary Structure which is physically detached from a Single- family Dwelling, is serviced through the same utility meters or connections as the Single-family Dwelling, and is intended for temporary periodic occupancy by visitors to the residents of the Single-family Dwelling. Guest Houses are a Secondary Structure and shall be construed to be an Accessory Use to the Primary Use of the Single-family Dwelling. 59. Home Occupation, Major means an occupation or business activity which results in a product or service and is conducted in whole or in part in a Dwelling Unit and does not qualify as a Minor Home Occupations because it: produces noise audible outside the Dwelling Unit; causes or requires customers, delivery persons, employees or any person to enter the property on 999369.9 1-10 or within which the Dwelling Unit is located; requires alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; requires or allows any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; and/or changes the appearance or residential character of the Structure.. A Major Home Occupation Use shall be considered a Commercial Use. 60. Home Occupation, Minor means any occupation, profession or other activity (including any activity associated with a non-profit group) that takes place entirely within a Dwelling Unit and which does not: produce noise audible outside the Dwelling Unit; cause or require customers, delivery persons, employees or any person to enter the property on or within which the Dwelling Unit is located; require alteration to the Dwelling Unit to satisfy applicable fire, building or health codes or regulations; require or allow any signs to be visible from the outside of the property on or within which the Dwelling Unit is located; or change the appearance or residential character of the Structure. A Minor Home Occupation shall be considered a Residential Use. 61. Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, cafeteria and food preparation areas, training and central services facilities and staff offices. 62. Hotel, Motel and Lodge means a Building, including an Extended Stay Hotel but excluding a Bed and Breakfast, containing three (3) or more Accommodation Units and which may include Accessory Use facilities such as offices, laundry facilities, recreation facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. 63. Industrial Use(s), Heavy or Light means: (a) with respect to Heavy Industrial Uses, those uses engaged in the basic processing and manufacturing of material or products predominately from extracted or raw materials, or a use engage in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing process that potentially involve hazardous conditions. Heavy Industrial Uses shall also mean those uses engaged in the operation, parking and maintenance of vehicles (but specifically excluding Automobile Repair Shops), cleaning of equipment or work processes involving solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminal, public works yard, container storage). (b) with respect to Light Industrial Uses, those uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further Light Industrial Uses shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light Industrial Uses shall not include uses such as mining and extracting industries, petro- chemical industries, rubber refining, primary metal, or related industries. 999369.9 1-1 1 64. Infrastructure means, excluding Dry Utilities, those man-made structures which serve the common needs of the population and are generally intended to be dedicated to, owned by and maintained by the Town, another governmental or quasi -governmental entity and/or a public utility provider, including but not limited to potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops. 65. Interim Use means a Use that is permitted on a case-by-case basis within a particular Planning Area or on a specific Site during the period prior to or during development of a Site upon an Applicant's receipt of written approval from the Design Review Board (as applicable) in accordance with Section J.1 of this PUD Guide; provided, however, that Agricultural Uses as an Interim Use shall be construed to be a Use by Right within all Planning Areas without the requirement of written approval from the Design Review Board. 66. Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as a business. 67. Landowner means the owner(s) of fee simple title to a Block, Superblock, Lot, Tract or other parcel of real property as reflected in the official records of the Eagle County Tax Assessor. Notwithstanding any additional or conflicting provision of the Municipal Code, the definition of "Landowner" shall not be construed to mean any person or entity owning, holding or possessing an easement interest, a leasehold interest, a license, a security interest or any other form of interest, whether possessory or otherwise, other than fee simple ownership as reflected in the official records of the Eagle County Tax Assessors office. 68. Landscaped Area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, groundcover, flowers, or lawns; natural features and nonliving groundcover such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include parking areas. 69. Lots means a parcel of real property as shown with a separate and distinct "lot" number or letter on a Final Plat. 70. Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. 71. Main Street means, as conceptually depicted in Exhibit E of this PUD Guide, the primary east -west roadway connecting Post Boulevard to Chapel Place, consisting of a "60' wide eastern segment," a "80' wide central segment" and the "60' wide western segment." 72. Manufactured Home means a Single-family Dwelling which is: partially or entirely manufactured in a factory; at least twenty-four (24) feet wide and thirty-six (36) feet long; permanently affixed to and installed on an engineered permanent foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. 999369.9 1-12 73. Master Developer means EMD Limited Liability Company, a Colorado limited liability company (with respect to Planning Area I only) and Traer Creek LLC, a Colorado limited liability company (in all other respects), which entities (or any successor entities) are designated and authorized to act on behalf of all Developer Affiliates and their respective successors in interest with respect to and for purposes of this PUD Guide. 74. Medical Marijuana Business means the Use of a Site, or portion thereof, for the cultivation, manufacture, production, distribution, acquisition or sale of marijuana, including for Medical marijuana Centers, manufacturing of Medical Marijuana -Infused Products, or Optional Premises as such terms are defined by C.R.S. § 12-43.3-104, as may be amended, regardless of whether such Use is for profit or not for profit. 75. Mobile Home means a Single-family Dwelling partially or entirely manufactured in a factory, built on a permanent chassis, which is designed to be transported on streets to the place where it is to be occupied as a Dwelling Unit, and is: at least twenty-four (24) feet wide and thirty-six (36) feet long; permanently affixed to and installed on an engineered permanent perimeter foundation; covered by a pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. 76. Mixed Use Project means the development of a Site, Building or Structure with two or more different Uses in accordance with the Development Standards and which is designed, planned and constructed as a unified project. Mixed Use Projects may be horizontally integrated or vertically integrated, or both. 77. Multi -family Dwelling means a Building containing three or more Dwelling Units, whether such Dwelling Units are for sale or for lease (including Condominium Units designated for Residential Use). 78. Municipal Code means the Town's Municipal Code, as in effect on the Effective Date unless otherwise stated. 79. Natural Grade means the elevation of the ground surface in its natural state, before man- made alterations. 80. Off-street Parking Area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage or operation of motor vehicles, including Driveways or access ways in and to such areas, but not including any Outdoor Storage area used principally for storage of recreational vehicles, landscaping materials or other bulk items, or public streets and rights-of-way. 81. Open Space means any land or water area with its surface open to the sky which serves specific Uses of providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archeological or historical significance, but shall not be construed to mean vacant or undeveloped land that is zoned for development. 999369.9 1-13 82. Original Effective Date means October 13, 1998, and is intentionally distinguished from Effective Date. 83. Original PUD Guide. The version of this PUD Guide originally approved by the Town on October 13, 1998 and recorded in the real property records of Eagle County, Colorado, on November 25, 1998 at Reception No. 677744, as amended by the Prior Amendments. 84. Outdoor Storage means the storage of any equipment, good, junk material, merchandise or vehicles in the same place for more than twenty-four (24) hours in any area other than within a roofed Structure. 85. Parking Regulations means, as set forth in Exhibit C to this PUD Guide, the sole and exclusive Development Standards regulating parking, loading, access drive requirements, mobility and connectivity within The Village (at Avon) PUD, which expressly supersede any additional or conflicting provisions of the Municipal Code (including but not limited to the parking and loading, access drive, and mobility and connectivity development standards set forth in Chapter 7.28 of the Development Code, as amended from time to time), including without limitation, any additional or conflicting such provisions. 86. Parking Structure(s) means an above ground or below ground Structure of one or more levels containing Drive Aisles and parking stalls, which may be a stand-alone Structure or be integrated into or within a Structure as an Accessory Use or Accessory Structure, and which may provide Commercial Parking, Public Parking or Private Parking. 87. Planned Unit Development (PUD) means an area of land, controlled by one or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include Dwelling Units, Commercial Uses, Industrial Uses, Mixed Use Projects, Public Facilities and related educational, recreational and similar complimentary Uses, in any combination, the plan for which is not required to correspond in Lot Size, bulk or type of Use, density, Lot Coverage, Open Space or other restriction set forth in the Town's existing land use regulations. 88. Planning and Zoning Commission means the Town's Planning and Zoning Commission. 89. Planning Area means an area indicated as a planning area on the PUD Master Plan, the Use and development of which shall be regulated by and be undertaken in accordance with the Development Plan. 90. Planning Department means the Town's Planning Department. 91. Primary/Secondary Structure means a structure that consists of two Dwelling Units within a single fee simple estate: one primary unit (containing the Principal Use) and one secondary unit (i.e, a Guest House, carriage house or caretaker's quarters). Within all Planning Areas, the secondary unit can be no more than 40% of the floor area of the primary unit. The secondary structure may attached to or detached from the primary unit; provided that the two units cannot be subdivided or separately conveyed or transferred in ownership. The Residential 999369.9 1-14 Use of the Secondary Structure shall be construed to be an Accessory Use to the Principal Use of the Primary Structure. 92. Principal Use means the primary or main Use of a Site or Structure as distinguished from a subordinate or Accessory Use. 93. Prior Amendments has the meaning set forth in Section A.1 above. 94. Private Parking means a surface parking lot or Parking Structure that provides accessory parking to a specific Building or Use, is available for parking by the owners, tenants and/or customers of the Building or Use, may include reserved parking spaces, and which is owned by a private, non-governmental entity such as an owners association. 95. Property means the real property commonly known as The Village (at Avon) PUD, the boundaries of which are legally described in Exhibit A attached hereto and incorporated herein. 96. Prope . Line means the boundary of any Lot, Block, Superblock, Tract, Site or other parcel of land as the same is described in the pertinent Final Plat or instrument of conveyance to the Landowner, as applicable. 97. Public Improvement(s) means any drainage ditch, storm water improvement, potable water line, sanitary sewer line, similar utility extension, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped Open Space, Off-street Parking area, Lot improvement or similar facility or improvement which benefits the public, is required by the Town to be provided by or on behalf of the Applicant and assurance of completion to be provided as a condition of any development approval, and is documented in a public improvements agreement. Public Improvements may include and generally will be comprised of Infrastructure and/or Dry Utilities, but may include types of improvements other than Infrastructure and Dry Utilities or exclude certain types of improvements that are Infrastructure or Dry Utilities. 98. Public Improvement Company means, collectively, The Village (at Avon) Commercial Public Improvement Company and The Village (at Avon) Mixed -Use Public Improvement Company, which the Master Developer has created in accordance with and for the purposes stated in Section of the Development Agreement. 99. Public Facility(ies) means constructed facilities that are owned by the Town, a District or another governmental or quasi -governmental entity, including but not limited to: transportation systems or facilities; water systems or facilities; wastewater systems or facilities; storm drainage systems or facilities; fire, police and emergency services systems or facilities; electric, gas, telecommunications utilities or facilities; and other publicly owned buildings or facilities. 100. Public Parking means a surface parking lot or Parking Structure that is available for parking by the general public and which is owned by the Town, a quasi -governmental entity (specifically including Traer Creek Metropolitan District and Village Metropolitan District and any other quasi -governmental entity or urban renewal authority approved by the Town after the Effective Date and having all or any part of its boundaries or service area located within The Village (at Avon)). 999369.9 1-15 101. PUD Guide means this The Village (at Avon) Amended and Restated PUD Guide dated , 2012. 102. PUD Master Plan means The Village (at Avon) P.U.D. Master Plan attached hereto as Exhibit B and incorporated herein. The PUD Master Plan depicts, among other things, Planning Areas and permanent, temporary and conceptual road alignments for the development of The Village (at Avon). 103. RecyclingFacility acility means a facility, which may be either contained and conducted within a Structure or conducted outside of a Structure so long as all materials are stored within an enclosed container, for the collection and temporary storage (prior to relocating to a Recycling Processing Center) of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes. 104. Recycling Processing Center means a facility in which recycling materials received from a Recycling Facility or from other sources are processed for subsequent use or distribution. 105. Religious Facility means a Building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious worship or other services or meetings of the occupants of such structure, including churches, synagogues, mosques or the like, but excluding any Buildings used for commercial endeavors. 106. Residential Use means the Use of a Building (or applicable potion thereof) for purposes of a Single-family Dwelling, Duplex Dwelling, Multi -family Dwelling, Major Home Occupation (portion of the Building not used for Commercial or Industrial Uses), Primary/Secondary Structure, Guest House or Bed and Breakfast. 107. Restaurant(s) means an establishment engaged in the Use or Accessory Use of a building or structure for the sale of foods and beverages to the customer in a ready -to consume state, and in which the design or principal method of operation includes the following characteristics: (a) With respect to "drive-through" Restaurants, allows for or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. (b) With respect to "fast food" Restaurants: (i) Food and beverages are usually served in paper, plastic or other disposable containers; (ii) The consumption of food and beverages is encouraged or permitted within the Restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building, or for carry -out; and (iii) Drive-through facilities are allowed, subject to Design Review Board review and approval of traffic patterns, vehicle stacking areas, and entrance and exit locations. 999369.9 1-16 (c) With respect to "standard" Restaurants, which may but are not required to include as an Accessory Use the on -premises production of fermented (alcoholic) malt beverages and/or malt, special malt or vinous and spirituous liquors: (i) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; and/or (ii) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the Restaurant building. 108. Service Station(s) means a facility equipped for the sale of gasoline, diesel, electricity or other forms of fuel for motorized vehicles, and which may but is not required to include as an Accessory Use Convenience Retail, fast food Restaurants, drive-through Restaurants, and/or automated or self car washes. 109. Settlement Term Sheet. As defined in Section A.1 above. 110. Single-family Dwelling means a Building designed exclusively for occupancy by one (1) family (or individual or group of individuals living independently as a unit), but expressly excluding a Mobile Home. 111. Site means a specifically described area of land which is the subject of a development Application, and which may be a Lot, an aggregation of Lots within a Mixed Use Project, a Superblock or any other form of designation or combination of designations of specifically described areas of land that are otherwise eligible to be developed under the terms of this PUD Guide and applicable law. 112. Site Coverage means the ratio, expressed as a percentage, of the area of Site which is rendered impermeable by Buildings compared to the Lot Area (or in the case of a Superblock or assemblage of Lots, the gross area contained with the entire Site). 113. Site Specific Development Plan has the meaning set forth in the Vested Property Rights Statute. 114. Special Review Use means a Use or Uses permitted to be developed or conducted within The Village (at Avon) PUD only upon further Town review and approval of such Use in accordance with and subject to compliance with the terms and conditions of Section F of this PUD Guide. Any such Special Review Uses are further subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and issuance of a building permit in accordance with Section A.4(g) above and any applicable Town use permit or business permit in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. 115. Stream Setback Provisions means the provisions and requirements set forth in Section 113 of this PUD Guide. 999369.9 1-17 116. Structure means a combination of materials to form a construction for Use, occupancy or ornamentation whether installed on, above or below the surface of land or water. 117. Subdivision Regulations means Section 7.16.070 of the Development Code, as modified and/or superseded by the provisions of Section H of this PUD Guide. 118. Superblock means, as provided in Section H of this PUD Guide, a unit of land designated as a "block" or "superblock" on a recorded Final Plat and which: (a) Is bounded by streets or by a combination of streets and public lands or other rights -of way other than an alley, waterways or any barrier to the continuity of development; (b) Does not contain within its boundaries any individually platted Lots; (c) May be legally conveyed by reference to the Block designation on the Final Plat; and (d) Within which one or more Structures and/or Buildings may be constructed and occupied without the requirement of further subdivision into individual Lots. 119. The Village (at Avon)PUD means the zone district authorized for the Property by the Town, and which constitutes the sole and exclusive zoning regulations applicable within the Property and expressly supersedes any additional or conflicting provisions of the Municipal Code, as superseded or modified by the Development Plan. 120. Temporally Divided Dwelling means any Dwelling with respect to which more than four (4) persons (or entities), whether by fee interest, leasehold or contractual right, are entitled to the use, occupancy or possession of such Dwelling according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others. Temporally Divided Dwelling includes but is not limited to a timeshare estate as defined in C.R.S. § 38-33-110, any form of interval ownership, any form of fractional fee ownership, and any form of vacation club or similar venture. For purposes of this definition, the Use of the Dwelling rather than the form of ownership of the Dwelling (i.e., whether owned in fee by a single owner, a corporate entity engaged in the business of providing services to those entitled to the use, occupancy or possession of a Temporally Divided Dwelling, or similar forms of ownership) shall be determinative of whether a Dwelling is a Temporally Divide Dwelling; provided, however that ownership of an interest in joint tenancy by two (2) persons shall be considered one (1) person. 121. Temporary Use means any Use that is not classified as a Permitted Use, Special Review Use or Interim Use with respect to the applicable Planning Area. 122. Town means the Town of Avon, a municipal corporation of the State of Colorado. 123. Town Council means the Town Council of the Town. 999369.9 1-18 124. Tract means a parcel of real property as shown with a separate and distinct "tract" number or letter on a Final Plat. 125. Transit Shelter means a Structure which provides protection from the weather to persons who are waiting to board a publicly or privately operated bus or other form of mass transit. 126. Transportation Master Plan. The Transportation Master Plan adopted by the Town, as amended from time to time. 127. Uses means the primary or principal purpose for which land or a building or structure is designated, arranged, or intended, or for which it either is or may be occupied or maintained. 128. Use(s) by Right means a Use or Uses permitted to be developed or conducted within The Village (at Avon) PUD without the requirement of further Town review or approval, subject to compliance with the applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations and approval by the Design Review Board, and with respect to which a building permit shall be issued in accordance with Section A.4(g) above and/or any applicable Town use permit or business permit shall be issued in accordance with applicable requirements of the Municipal Code, as superseded or modified by the Development Plan. 129. Use Category means one of the following general categories of Use that may be permitted within The Village (at Avon) on a Planning Area by Planning Area basis: (a) Residential Uses. (b) Commercial Uses. (c) Industrial Uses. (d) Interim Uses. (e) Mixed Use Projects. (f) Public Facilities. 130. Vacation Club means a corporate entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a Temporally Divided Dwelling which Dwelling it makes available to its members and/or guests of its members for their accommodation on a periodic basis in consideration of such members' interest or membership in the entity. 131. Vested Property Right(s) has the meaning set forth in the Vested Property Rights Statute. 132. Vested Property Rights Regulations means Section 7.16.140 of the Development Code, as modified by this PUD Guide. 133. Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado Revised Statutes as in effect on October 13, 1998. 999369.9 1-19 134. Wildlife Mitigation Plan means, as set forth in Exhibit D to this PUD Guide, the sole and exclusive Development Standards for wildlife mitigation measures applicable within The Village (at Avon) PUD, and which expressly supersedes any additional or conflicting provisions of the Municipal Code. 135. Wireless Telecommunication Equipment means any equipment used to provide Wireless Telecommunication Service, but which is not affixed to or contained within a Wireless Telecommunication Facility, but is instead affixed to or mounted on an existing Building or Structure the Primary Use of which is not for the provision of Wireless Telecommunications Services. Wireless Telecommunication Equipments also includes a ground mounted base station used as an Accessory Structure that is connected to an antenna mounted on or affixed to an existing Building. 136. Wireless Telecommunication Facility means any freestanding facility, Building, pole, tower or other Structure used to provide only Wireless Telecommunication Services, and which consists of, without limitation, antennae, equipment, storage and other Accessory Structures used to provide Wireless Telecommunications Services. 137. Wireless Telecommunication Service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal communications commission for paging systems, enhanced specialized wireless telecommunication, persona communication services, cellular telephone service and any similar services provided by means other than Cabled Telecommunication Services. 999369.9 1-20 The Village (at Avon) PUD MasterPlan -DRAFT for Discussion Purposes Only Formal Amendment Two - Version 9 DRAFT Town of Avon, Colorado 'n "j LAND USE TOWN CERTIFICATE (PUD MAP AMENDMENT) WITNESS MY HAND AND SEAL OF THE TOWN OF AVON Parks, Open Space and Public Facilities Acres Planning Areas Acres BY MAYOR: OS - Natural Open Space OS1-OS6 140 - A- Village Center Mixed Use Project 43 NOTES DRAFT B - Community Facilities 4 1. Until such time as a secondary road access to serve Planning Area K and Planning Area RMF -1 is constructed and open for use, building be issued for than 280 dwelling in the for Planning Area K Planning Area RMF P1 - Parkland 4 permits may no more units aggregate and -1, provided that "Primary/Secondary Dwelling Units" (as defined in The Village (at Avon) PUD Amended and Restated PUD Guide) ATTEST: TOWN CLERK C - Village Residential Mixed Use Project 24 situated on the same lot shall be considered one dwelling unit. P2 -Parkland 2 DRAFT2. Until such time as a secondary road access to Planning Area I is constructed and open for use, (a) building permits may be issued D - Village Residential Mixed Use Project 16 for no more than 280 dwelling units in Planning Area I, provided that "Primary/Secondary Dwelling Units" (as defined in The Village P3 - Parkland 7 (at Avon) PUD Amended and Restated PUD Guide) situated on the same lot shall be considered one dwelling unit; and (b) no building E - School 4 permits may be issued for Commercial Uses or Industrial Uses. P4 - Parkland 14 3. Pursuant to Section 7.16.140(d) of the Avon Municipal Code: "Approval of this plan constitutes a vested property right pursuant to F - Regional Commercial Mixed Use Project 13 Article 68 of Title 24, C.R.S., as amended and Title 7, Chapter 16 of this Municipal Code, as amended." PF1 - Public Facility PF2 - Public Facility PF3 - Public Facility n 1 1 -------------------------------------------------------------------------- S U BTOTAL 173 Roads and Hydrology Constructed Roads - — - Temporary Roads ---- Conceptual Roads -•••-•••-••• Nottingham Puder Ditch ------------------------------------------------ SUBTOTAL G - Regional Commercial Mixed Use Project H - Regional Commercial Mixed Use Project I - Regional Commercial Mixed Use Project J - Regional/Neighborhood Commercial and Residential Mixed Use Project K - Hillside Residential RMF1 - Residential Multi Family RMF2 - Residential Multi Family -------------------------------------------------------------------------------------------------- SUBTOTAL 5 4. A minimum of 29.5% of the acreage of Planning Area K shall be reserved and maintained as open space, and such open space shall be subject to the development standards for open space planning areas as set forth in Section E.14 of The Village (at Avon) PUD Amended and Restated PUD Guide. 26 5. The street and road alignments depicted hereon are either designated as either permanent, temporary (not permanent and intended 57 to be replaced in the future) or conceptual alignments. Until such time as made permanent or temporary in connection with an approved final plat, the conceptual alignments are non-binding and provided only for illustrative purposes to show one of various potential alignments, general circulation patterns, vehicular ingress and egress to and from planning areas and traffic connectivity to 38 adjacent property outside of The Village (at Avon). 1302 6. The layout, location, size and number of lots within Planning Area K as depicted hereon are conceptual, non-binding and provided only for illustrative purposes only. The precise layout, location, size and number of lots and the precise location of the building envelope for each lot within Planning Area K will be as established by and reflected in the final plat creating the lot, and shall be based on various 27 site specific features of the lot such as the topography, grade, natural vegetation and similar matters, but shall generally comply with the building envelope requirements set forth in Section E.11(c) of The Village (at Avon) PUD Amended and Restated PUD Guide unless such 47 compliance is determined to be impractical or unreasonable. PUD DEVELOPMENT PLANS: 1606 --------------------------------------------------------------------------------------------------- ---------------------- PROJECT TOTAL 1779 0 1. The Village (at Avon) PUD Amended and Restated PUD Guide, Town of Avon Ordinance No. 12- Recorded 2. The Village (at Avon) PUD Master Plan, Town of Avon Ordinance No. 12- , Recorded 2012 at Reception No. 2012 at Reception No. Feet �A IL E v i 0 600 1,200 COLORADO This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Author: JTK, 04/19/12 Exhibit B COLORADO PARKS & WILDLIFE 50633 Highway 6 & 24 • Glenwood Springs, Colorado 81601 Phone (970) 947-2920 • FAX (970) 947-2936 wildlife.state.co.us • parks.state.co.us May 29, 2012 Town of Avon Community Development ATTN: Matt Pielsticker PO Box 975 Avon, CO 81620 Re: Preliminary PUD application for Village at Avon. Dear Mr. Pielsticker, The Colorado Parks and Wildlife (CPW) has reviewed the preliminary PUD application for the Village at Avon and has the following comments. Due to the location and historical uses of the lands south of I-70, CPW does not have significant concerns with the development in that area. We have tried to compare the old PUD plan and to the new PUD but direct comparisons are very difficult due to changes in number of lots, open space, and renaming of the areas. The new PUD application has several significant changes from the PUD plans submitted in 1998 that resulted in the Wildlife Mitigation Plan. The current Wildlife Mitigation Pan was the result of a group effort to detail the wildlife impacts from the development and to develop a mitigation plan that could mitigate those impacts. It is important to understand that mitigation should be considered as the last alterative and that avoiding the impact is a better option. The development of the Wildlife Mitigation Plan was based on the actual number of acres of critical wildlife habitat impacted (155 acres). The new PUD amendment has numerous changes that would have significant impacts on the habitat and wildlife. The new PUD amendment does not have any additional mitigation measures shown that could be used to substantially mitigate the new impacts. The following are a list of additional impacts to habitat and/or wildlife. • The current Wildlife Mitigation Plan was based on 155 acres of impact and the intention that open space blocks OS -4 to OS -8 (approximately 483 acres under the old PUD) function primarily as wildlife habitat. STATE OF COLORADO John W. Hickenlooper, Governor. Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris. Tim Glenn, Chair. Allan Jones. Bill Kane. Gaspar Perricone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar Exhibit B Approximately 483 acres (OS -4 to OS -8) north of I-70 have been designated as common open space. These areas include some of the most valuable winter range, migration corridors, and other important wildlife habitats on the property. It is the intention that open space blfvks O—S-4 to OS -8 function primarily as wildlife babitat. Other subdivision uses may occur in these areas, however, these areas will be preserved primarily in their undeveloped condition and .managed to further enhance vrddlife values. The new PUD plan has reduced the total Natural Open Space down to 155 acres and there is no discussion on how they will be managed. • The new PUD plan has increased the miles of roads on the north side of I-70 specifically planning area K. There are new roads between lots 53 and 57, lots 22 and 29, lots 4 and 15, new road out to lots 79-81 and lot 2. • The density, number of units and acres impacted north of I-70 has increased. In the old PUD, RMF 3 was 16.3 acres in the new PUD it is shown as RMF 1 and it is 27 acres. The number of residential /single family units on the north side has gone up from 96 to 122. • The current Wildlife Mitigation Plan has specific setbacks for many lots along the USFS property line these lots were numbered in the old PUD as 57, 58, 59, 64, 69, 74, 94, and 96. These lots appear to correlate with the following lots in the new PUD plan 76, 87, 80, 82, 86, 96, 120, and 119. • The old PUD plan did not have any homes above the double switch back east of Traer Creek (between lots 78 and 83). This was the recommendation in the biotic conditions report. The new PUD has lots 101, 105, and 106 surrounding this area. The reason for the recommendation to not have any homes was due to the mule deer migration corridor coming though that location that that the road construction in back area would require significant cut/fill slopes and guard rail in this area that would likely block or deflect migratory movements. • In order to maintain the mule deer migration corridor, migration corridors were established specifically in the old PUD an 800' wide corridor between western edge of lot 84 and the eastern edge of lots 81, 82, and 83. The new PUD does not show this corridor. In order for such impacts to be substantially mitigated the current Wildlife Mitigation Plan would need to have some significant updates to address these new habitat loss issues. One of the items that were not resolved in the 1998 Wildlife Mitigation Plan was the concern of wildlife gaining access to I-70 from the interchange that was developed on the north side of I-70. The interchange required the removal of the existing deer fence thereby providing an opening for wildlife to enter the I-70 corridor. At the time there were no tested alternatives for preventing wildlife from accessing I-70. However in the last 5 years there has been several areas in Colorado (Highway 82 and 50) that have successfully used double wide cattle guards as a method to provide human access though wildlife fencing while still providing a barrier to wildlife to prevent most wildlife from entering the roadway. Currently there is only wildlife Exhibit B fencing on the north side of I-70 in the PUD area but CDOT has submitted plans for fencing the south when funding comes available. In the past several years roadkills within this area of the PUD have been increasing. In an effort to restore the integrity of the wildlife fence on the north side a double wide cattle guard should be installed at the north interchange. Thank you for the opportunity to review this proposal and provide comments. If you have questions please contact DWM Bill Andree at 970-328-6563. Sincerely, Perry Will Area Wildlife Manager cc: CPW — R.Velarde, B.Andree, file EAGLE COUNTY SCHOOLS E -ATI HO EVERY STU -T FOR $UCGESS May 29, 2012 Exhibit B P.O. BOX 740 m EAGLE, COLORADO 81631 • 970.328.6321 • FAX 970.328.1024 Mr. Matt Pielsticker Community Development Department Town of Avon P.O. Box 975 Avon, CO 81632 RE: Avon Village PUD Amendment Eagle. County School District Referral Comments Dear Mr. Pielsticker: The following comments are in response to the referral package we have received regarding proposed amendments to Avon Village, The Eagle County School District (the District) has a number of questions and issues with the proposed amendments to the PUD Plan, PUD Guide and the Annexation and Development Agreement. Avon Village is a large-scale project that could include more than 2,400 dwelling units. School - aged kids will undoubtedly live in these homes and as such the impacts to the District will be significant. In order to partially off -set the impact of new development state law allows the Town to require a land dedication to provide land for school facilities in order for the District to provide for the educational needs of the children in the development. While tax payers will need to fund the construction of a new school, the land dedication should ensure that a site suitable for a school is provided within the development and in doing so lessen the burden on tax payers throughout the County. The balance of this letter summarizes key elements of Ordinance 17 of 2006, highlights the District's issues with the proposed PUD Amendment and provides possible alternatives for the applicant to satisfy school dedication requirements. Ordinance 17 of 2006 This Ordinance addressed an amendment to change the location of the school dedication site. This ordinance contemplated a single, 7.3 acre school site and specifically referenced this site being "for the benefit of Eagle County School District". Further, this ordinance stipulated that the property owner execute a written agreement with the Town and the District that among other things addressed the criteria outlined in a letter from the School District dated January 3, 2006. This letter requested that: • Access and utilities are delivered to the school site boundary at the developer's expense, • At least 80% of the site have a slope of 10% or less and the balance of the site have a slope of less than 20%, Exhibit B Mr. Matt Pielsticker May 29, 2012 Page 2 of 4 The school site be adequately buffered from any proposed commercial development by either residential development or a community park, Development phasing is established to ensure that the school site is prepared and ready for development commensurate with the pace of residential development within the project. If implemented in accordance with the terms outlined above the District would have land available to provide a school as necessary to meet the demands of the 2,400 residential units planned for the project. The proposed PUD Amendment, while maintaining the same 2,400 dwelling units (and hence having the same impact to the District as the 2006 proposal) deviates from the terms of 2006 in a number of ways that would significantly diminish the District's ability to meet the educational needs of students generated from Avon Village. Since 2006 the Town amended its ordinances, revised the land dedication provision, and re-enacted it as Section 7.32.080. The District justifiably relied to its detriment upon the 2006 Ordnance only to have the Town and the developer now completely change the land dedication expectations of the District through the new ordinance and now this proposed Agreement. Issues with Proposed PUD Amendment The following summarize the District's major issues with the proposed amendment. • The agreement would render Ordinance 17 of 2006 "legally inoperative", in doing so eliminating previous agreements between the Town, District and land owner regarding the school site dedication upon which the District has justifiably relied. This provision is the District's fundamental concern with the Amendment. • There is only passing reference to the Eagle County School. District in the Amendment and no commitment that a school site will be provided to the District, • The Amendment refers to the use of the school site being restricted to "licensed educational facilities". District schools are not "licensed", as such the Amendment as written would preclude the dedication of a school site to the District, • In lieu of one contiguous school site two potential sites are contemplated. The Amendment refers to a +/-4 acre school site (Planning Area E) being dedicated concurrent with the Effective Date of the Agreement. The proposed subdivision plan indicates Planning Area E to be 3.5 acres and to include an easement and utility improvements that significantly diminish the functional utility of this site, • A second parcel of approximately 3.3 acres is proposed to be dedicated in Planning Area I, if and when this area is platted. The lack of certainty as to when this land will be platted is of concern, • If the District "demonstrates a need for a school site" the Town, Master Developer and EMD shall use "best efforts" to combine park land dedication with the school site contemplated within Planning Area 1. This raises the question of who determines and based on what standards whether or not the District has "demonstrated need". "Use best efforts" is a vague and unenforceable provision, particularly when considering Section 3.8 (d) which states the Master Developer has "sole discretion" regarding the dedication of park land. • There is no reference to access or utilities being provided to the site at the developers expense, Exhibit B Mr. Matt Pielsticker May 29, 2012 Page 3 of 4 There is no reference to development phasing as it relates to the future need for a school site, There is no discussion of site characteristics for the school site, and The school site is to be dedicated to the Town and then the Town "may" lease or convey the site to an educational district or organization. Leasing is not an acceptable alternative, in accordance with state statutes the school site should be conveyed to the District because the Town lacks the authority to construct or operate public schools and therefore cannot receive and hold lands for educational purposes if it lacks the authority to provide educational services. In essence the PUD Amendment will maintain the potential for 2,400 units within Avon Village yet there is no commitment what so ever to the District that a school site will be provided. In fact the proposed Amendment specifically states that it "shall not be construed to have the effect of creating a legal right of the Eagle County School District to obtain a school site within Planning Area I or creating a legal obligation of the Town, EMD, Master Developer or any Landowner or Applicant to provide a school site on Planning Area I to the Eagle County School District. Proposed Alternative The District's position is essentially the same as outlined in the 2006 letter as referenced in Ordinance 17 of 2006. 2,400 dwelling units have the potential to create an incredibly large number of school -aged children. In order to educate these students it is very likely that a new school facility will be necessary. It is for this reason the District must have assurances for the dedication of a school site of sufficient size, in an appropriate location, with site characteristics that will accommodate the unique demands of a school facility and at a time commensurate with the pace of development within the project. Two possible alternatives are suggested: Planning Area I This Planning Area could possibly provide an adequate school site, however it is less than desirable and the following significant issues would need to be resolved: • Evaluation of the site with respect to slope and other site characteristics, • Evidence that legal access is established across the USFS parcel and/or via a bridge from Hwy 6, • Further clarification of or refinement to potential land uses to ensure industrial uses or other incompatible uses are not located adjacent to the school site, • A commitment for access and utilities to be provided at land owner/developer expense, • A commitment that the site would be platted and dedicated (in a development ready condition) commensurate with the pace of residential development within the project. Planning Area P3 or Planning Area J The Planning Areas references above are centrally located within the project and generally are comprised of gently sloping terrain. In concept a 7.3 acre site within either of these two areas could potentially be an acceptable solution. The park site in particular could provide a compatible relationship with respect to shared use of athletic fields or parking lots. A school dedication site within Planning Area P3 is preferred. The following issues would need to be resolved: Exhibit B Mr. Matt Pielsticker May 29, 2012 Page 4 of 4 • Evaluation of the site with respect to slope and other site characteristics, • Further clarification of or refinement to potential land uses to ensure compatibility with the school site, • A commitment for access and utilities to be provided at land owner/developer expense, • A commitment that the site would be platted and dedicated (in a development ready condition) commensurate with the pace of residential development within the project. It is important to understand that the Eagle County School District is the only entity that has the responsibility to educate any and all children within the District. No other entity has this responsibility, obligation or ability. For this reason itis imperative that the land dedication for Avon Village comply with the original intentions of Ordinance 17 of 2006 and that the location, size and characteristics of land to be dedicated be suitable for the District to satisfy its responsibilities and obligations to educate the children from the development. The proposed amendments to the Development Agreement do not do so. We look forward to the opportunity to work with the Town and applicant on finding a mutually agreeable resolution to the future dedication of a school site. Regards, Yanne McQueen President of the Board Eagle County School district Exhibit B Matt Pielsticker From: Ned White<NWhite@intergrouparchitects.com> Sent: Thursday, May 31, 2012 3:50 PM To: Matt Pielsticker Cc: Whitney Goulden; Walter Jenny Dandy; Kristi Ferraro email; Joe Ostmeyer Subject: Village at Avon Preliminary PUD application Matt I recently received your notice about the Preliminary PUD application for the Village at Avon, I own property at 3772 Eaglebend Drive (immediately north of some of the PUD sites). After reviewing the on-line information about the PUD, I want to voice my opposition to one particular item. In the original PUD the area to the south of our location is designated Area F —Village residential maximum density of 18 du/acre. In the proposed PUD this area is changed to planning area D "Village residential mixed use", in reviewing the new PUD standards this use allows significant commercial uses including parking structures, hospitals, recreation centers and other similar uses. I am strongly opposed to this change for the property south of East Beaver Creek Blvd, to the railroad right of way. The original intent appears to have been multi -family residential use only to serve as a buffer to the duplex and single family homes to the south of Eaglebend. I think this is an important transition and buffer to those properties and commercial uses in that area should not be allowed per the original PUD. I am not able to attend the hearing on June 5, so if I need to provide my opposition in different form than this email please let me know right away. I am available by phone to discuss this further if you prefer. Thank you for your consideration in this matter. Ned White Intergroup Architects 2000 West Littleton Blvd Littleton, Co 80120 303-738-8877 303-738-2294 fax nwhite@intergrouparchitects.com Exhibit B Matt Pielsticker Subject: RE: Village at Avon Preliminary PUD application From: Whitney Goulden fmailto:WGoulden(astewart.coml Sent: Thursday, May 31, 2012 4:10 PM To: Matt Pielsticker; Ned White Cc: Walter Jenny Dandy; Kristi Ferraro email; Joe Ostmeyer Subject: RE: Village at Avon Preliminary PUD application Matt, I would like to go on record as having the same opinion as Ned. If possible, I will change my travel plans and attend the hearing. Thank you — Whitney From: Ned White[maiIto: NWhite@intergrouparchitects.coml Sent: Thursday, May 31, 2012 3:50 PM To: Matt Pielsticker Cc: Whitney Goulden; Walter Jenny Dandy; Kristi Ferraro email; Joe Ostmeyer Subject: Village at Avon Preliminary PUD application Matt I recently received your notice about the Preliminary PUD application for the Village at Avon, I own property at 3772 Eaglebend Drive (immediately north of some of the PUD sites). After reviewing the on-line information about the PUD, I want to voice my opposition to one particular item. In the original PUD the area to the south of our location is designated Area F —Village residential maximum density of 18 du/acre. In the proposed PUD this area is changed to planning area D "Village residential mixed use", in reviewing the new PUD standards this use allows significant commercial uses including parking structures, hospitals, recreation centers and other similar uses. I am strongly opposed to this change for the property south of East Beaver Creek Blvd, to the railroad right of way. The original intent appears to have been multi -family residential use only to serve as a buffer to the duplex and single family homes to the south of Eaglebend. I think this is an important transition and buffer to those properties and commercial uses in that area should not be allowed per the original PUD. I am not able to attend the hearing on June 5, so if I need to provide my opposition in different form than this email please let me know right away. I am available by phone to discuss this further if you prefer. Thank you for your consideration in this matter. Ned White Intergroup Architects 2000 West Littleton Blvd Littleton, Co 80120 303-738-8877 303-738-2294 fax nwhite(@intergrouparchitects.com Exhibit C TOWN OF AVON PLANNING COMMISSION RESOLUTION 12-04 SERIES OF 2012 A RESOLUTION RECOMMENDING DENIAL OF THE PLELIMINARY PLANNED UNIT DEVELOPMENT (PUD) APPLICATION FOR THE VILLAGE (AT AVON) TO THE AVON TOWN COUNCIL WHEREAS, Harvey Robertson ("the Applicant"), representing the owners of the property, submitted an application for a Preliminary PUD ("the Application"); and WHEREAS, at their regularly scheduled meeting held on June 5, 2012 the Planning & Zoning Commission held a public hearing to consider the merits of the Application based on Staff comments, agency referrals, and public input; and WHEREAS, the Planning & Zoning Commission considered the following review considerations, as required by the 7.16.060(e)(4), Review Criteria, AMC, as the basis for a recommendation to Council: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and welfare of the citizens of the Town of Avon would be diminished if the Application was approved as submitted. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends denial of the Preliminary PUD Application to the Town Council based on the following findings: 1. The application fails to succeed in demonstrating compliance with the stated purposes of the Development Code, particularly with respect to sensitivity with open space provision and access or environmental protection; 2. The integrity and heritage of the natural and built environment would be compromised by exempting the PUD from several development and natural resource protection regulations; 3. A number of the proposed amendments are not necessary to implement the Settlement Term Sheet; and the long range consequences are uncertain given the narrow scope of Town and/or public review of amendments and land use decisions in the future; and 4. The PUD Amendment does not provide assurance that the public health, safety, and general welfare will be maintained. APPROVED AND ADOPTED THIS JUNE, 2012 SIGNED: Chris Green, Chair ATTEST: Scott Prince, Secretary Resolution 12-05, VAA Preliminary PUD 2 EXHIBIT D EXISTING AND PROPOSED PLANNING AREA COMPARISON TABLES Planning Area A - Village Center Page 1 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning Area/Acrea e A (33 Acres) A (43 Acres) Max Density 25 DU/Acre Density Unlimited Uses • Commercial Uses • Commercial Uses • No Retail over 60,000 • No Retail over 65,000 sf. • Residential • Animal Boarding/Indoor Kennel • Lodging • Residential • Transportation facilities • Mixed Use structures (can include • Churches, Museums, Libraries Light Industrial) • Public buildings • Educational facilities • Indoor/Outdoor Recreation • Indoor/Outdoor • Entertainment facilities Recreation/Entertainment (no • Parks Open Space amplified sound) • Day Care • Telecommunications • Temp Real Estate offices • Dry Utilities • Infrastructure SR Us • Medical Facilities • Single -Use Retail over 65,000 sf. • Education • Light Industrial Uses (part of • Emergency Heliport Mixed Use) e Outdoor Entertainment • Outdoor entertainment w/ amp sound • Minor Automobile repairs • Heliport • Service Station • Recycling facilities Interim Uses N/A • Agricultural • Rodeo and supporting uses • Recycling • Snow storage • Mobile homes • Driving course • Rock and Gravel crushing • Construction staging Height . 80' north of E Beaver Creek Blvd • 80' north of Main St./ 96' with • 55' south of E Beaver Creek Blvd VAA DRB Approval • Non -habitable Architectural • 55' south of Main St. / 66' with Projections can exceed height VAA DRB Approval Setbacks 20' from E Beaver Creek Blvd & None N,S, and W boundaries of area Site Coverage Not Defined 80% Page 1 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area B - Community Facilities Page 2 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning B, C (4.1 Acres) B (4.1 Acres according to Plat) Area/Acrea e Max Density 14 DU's Total Max Residential Excluded Uses • Cultural, Recreational, and • Community Facilities w/ VAA Educational including: DRB approval • Performing Arts, outdoor Amp • Infrastructure • Museums • Dry Utilities w/ VAA DRB • Community Meeting Facilities approval • Classrooms • Water Storage and Resource • Libraries Management • Accessory Retail • Day Care • Accessory Employee Housing • Temp Real Estate Offices • Public/Private Roads & Utilities • C only: Ice Skating SR Us None Outdoor Entertainment w/Amp Sound In terim Uses N/A • Agricultural • Snow Storage Height 60' + Non -habitable Architectural 35'/ 42' w/VAA DRB Approval Projections Setbacks 20' from E. Beaver Creek Blvd & • 25' Adjacent road ROW N,S, and W boundaries of area • 20' Planning Area A • 0' Main Street Site Coverage Not Defined 20% Page 2 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area C& D - Village Residential Mixed Page 3 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning D,E,F (28.2 Acres) Cq D (39 Acres) Area/Acrea e Max Density 18 DU/Acre Unlimited Uses • Residential Uses • Residential • Temp Real Estate Offices • Community Facilities • Public/Private Transportation • Child Care, B&B, Vacation, Short • Bus, Rail, Tramways, Gondola Term, etc., • Public/Private Utilities • Hospitals, Long-term Care, • Indoor/Outdoor Assisted Living, Medical Recreation/Entertainment Facilities • Mixed Use Projects • Parks/Open Space • Commercial/Private/Public Parking • Accessory Uses • Telecommunications • Infrastructure • E&F: Commercial/Retail if • Dry Utilities fronting E. Beaver Creek Blvd • Churches, Museums, Libraries • D only: Pedestrian Bridges • Outdoor Recreation w/Amp Sound • D only: Lodging • Parks and Open Space • Minor Home Occupations • Heliport w/ DRB approval • D Only: Retail less than 60,000 sf • D only: Animal Boarding, Indoor Kennels, and Recycling Centers SR Us E&F: • C Only: Mixed Use Projects, • Lodging Hotel/Motel/Lodge • Medical • D on Main St: Retail over 60,000 sf, • Educational Facilities Educational, Light Industrial/Auto • Churches Repair, Outdoor Entertainment • Museums w/Amplified Sound • Heliport • Outdoor Entertainment Interim Uses N/A • Agricultural • Construction Staging • Snow Storage • Rock and Gravel crushing • Accessory Uses and Structures • D only: Recycling facilities Height 48' + Non -habitable Architectural • 80' north of Main St. / 96' with Projections VAA DRB Approval • 55' south of Main St. / 66' with VAA DRB Approval Setbacks • 25' Front • 25' Front • 0' Side • 20' Side • 10' Rear • 20' Rear Site Coverage Not Defined 80% Page 3 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area E - School Page 4 Exhibit D - Tables Comparing Existing and Proposed Planing Areas current Proposed Planning G(7.3 Acres) E(4 Acres Per PUD— 3.52 Acres per A rea/A creage Plat) Balance of to be located on Planning Area I Uses • Educational • Educational, limited to state • Recreational licensed K-12 • Public/Private Roads/Utilities • Infrastructure • Parks and Open Space • Dry Utilities • Day Care Facilities • Child Care* • Pre-school* • Community/Adult Education* • Cultural and/or art Classes* • Recreational Facilities* • Other Community/Cultural Uses* • Museums* *Subject to VAA DRB approval of Uses/Design SR Us N/A None Interim Uses N/A • Agricultural • Construction Staging • Accessory Uses and Structures Height 35' + Non -habitable Architectural 35' — No architectural Projections Projections Setbacks . 25' Front • 25' Front • 7.5' Side • 20' Side • 10' Rear • 20' Rear Site Coverage Not Defined 80% Page 4 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Page 5 Planning Areas F, G, and H - Regional Commercial/Mixed Use Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning H,J,K (41.5 Acres) F,G,H (41 Acres) Area/Acrea e Max Density 15 DU/Acre None Uses • Commercial Uses • Commercial Uses • Residential • Residential • Public/Private Transit/Parking • Mixed Use if approved by DRB • Public/Private Roads/Utilities • Educational • Churches, Museums, Libraries • Community Facilities • Public Buildings • Telecommunications • Indoor/Outdoor Recreation • Infrastructure • Parks and Open space • Dry Utilities w/ DRB approval • Temporary Real Estate offices • Bus Stops/Tramways/Gondola • Entertainment Facilities • Churches, Museums, Libraries • Indoor/Outdoor Recreation • J&K: Lodging, No More than 2 • Parks and Open Space retail stores not to exceed 60,000 • Child Care s.£ • Animal Boarding/Kennels • K only: Service commercial uses • F: Recycling Facility, Heliport • H: Building/Vehicle Maintenance SR Us e Medical Facilities • Service Station with DRB signoff • Educational • Outdoor Animal Boarding • Emergency Heliport • Outdoor Kennels • Amplified Sound • G/H: Heliport • H only: Lumber Sales and Yard, Service, Auto repair, Car wash • J only: Service commercial uses Interim Uses N/A • Agricultural • Rock & Gravel Crushing • Construction Staging Heigh t • 48' • 80' for Hospital • 35' for SF and Duplex • 48' Commercial/MF/Mixed-Use • H only: 42' • 35' SF/Duplex Setbacks . 25' Front • 25' Front • 7.5' Side • 0' Side (20' Side • 10' Rear Industrial/Residential) • 20' adjacent to Railroad • 20' Rear Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area I - Regional Commercial Mixed Use Page 6 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning Area/Acrea e M (47.7 Acres) I (41 Acres) Max Density 15 DU/Acre • 280 Dwelling Units with one access (Residential) Max Density N/A • No commercial with one access (Commercial) • Unlimited commercial with dual access Uses • Commercial Uses • Commercial Uses, Residential • Residential • Mixed Use if approved by DRB • Public/Private Transit/Parking • Educational facilities • Public/Private Roads/Utilities • Community facilities • Churches, Museums, Libraries • Telecommunications • Public Buildings • Infrastructure • Indoor/Outdoor Recreation • Dry Utilities w/ DRB approval • Entertainment Facilities • Bus Stops/Tramways/Gondola • Churches, Museums, Libraries • Indoor/Outdoor Recreation • Parks and Open Space • Child Care Center • Animal Boarding/Kennels • Recycling Center • Heliport* • Pedestrian/Vehicular Bridges, Bridge Abutments* • Minor Auto Repair* • Major Auto Repair w/DRB* • Light Industrial* *Subject to VAA DRB approval of Uses/Design SR Us . Medical Facilities, Emergency • Service Station with DRB signoff Heliport, Educational • Outdoor Animal Boarding • Amplified Sound • Outdoor Kennels • H: Lumber Sales and Yard • Heavy Industrial w/ DRB approval • J: Service, auto repair, car wash, lumber yard, automobile sales In terim Uses N/A • Agricultural • Rock & Gravel Crushing Height • 48' • 48' Commercial/MF/Mixed-Use — • 35' for SF and Duplex 57' w/ VAA DRB Approval • H: 42' • 35' SF/Duplex Setbacks • 25' Front • 25' Front • 7.5' Side • 0' Side (20' Side Industrial) • 10' Rear • 20' Rear Page 6 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area J Regional Neighborhood Commercial & Residential Mixed Use Page 7 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Current Proposed Planning Area/Acrea e RMF -1 (31.5 Acres) N - South (5.8 Acres)J 37 ( Acres) Max Density 6 DU/Acre Density N/A None Uses • Residential • Trails • Residential • Commercial • Landscaping • Commercial • Professional Office • Indoor/Outdoor (includes hotel) • Personal Service Recreation • Mixed Use • Food and Beverage • Lakes, Ponds, • Auto Repair • Recreational Reservoirs • Community Facilities • Parks, Picnic Facilities Facilities • Temp Real Estate • Public/Private Roads • Telecomm • Public/Private Roads • Infrastructure • Parks and Open • Dry Utilities Space • Bus stops, Gondolas, Lifts, etc. • Recreational Facilities • Parks and Open Space SR Us • Churches N/A • Light Industrial • Museums • Churches • Libraries • Libraries • Day Care • Public Buildings • Child Care Centers Interim N/A N/A • Agricultural • Rock and Gravel crushing • Construction staging Height • 35' SF/Duplex 35' • 35' SF/Duplex • 48' Other Uses • 48' Other uses - . + Non -habitable 57' wNAA DRB Architectural Approval projections Setbacks • 20' Front N/A • 20' w/ 0' side for • 10' Side/Rear commercial • Adjacent to 1-70: 20' • Adjacent to I-70: 40' Residential / 10' Other uses Site Coverage Not Defined Not Defined 80% Page 7 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Page 8 Planning Area K - Hillside Residential Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning Area/Acrea e Res — SF (916.4 Acres) K (1,302 Acres) Min Area N/A 1 Acre — can be amended without review Max Density • 91 Primary • None • 91 Secondary • Except 280 until 2°d road to serve K • 1 Caretaker on Lot 1 and RMF -1 is constructed and open • 98 Multi -family Maximum Uses • Lot 1: HOA, clubhouse, • Residential recreational facilities • Telecommunication • Public/Private Roads/Utilities • Infrastructure • Temp Real Estate Office • Dry Utilities* • Recreational Facilities • Lots 6-96: • Parks and Open Space • Single -Family Residential . Wedding Facilities* • Primary Secondary Structure • Cemetery* • Temp Real Estate Office • Public and Community Facilities • HOA facilities • Restaurants *Subject to VAA DRB approval of Uses/Design SR Us N/A None Interim Uses N/A • Agricultural • Rock and Gravel Crushing • Construction Staging Height 35' + Non -habitable Architectural • 35' SF/Duplex — 42' w/VAA DRB Projections Approval • 48' Multi -family — 57' w/ VAA DRB Approval • 35' for HOA/Community Facilities Setbacks • 20' for Lot 1 only • 25' Front • 70% of footprint within building • 20' Side/Rear envelope Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area OS - Open Space Page 9 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning 499.9 Acres 134 Acres Area/Acreage +29.5% of the acreage of Planning Area K Minimum 384 acres Uses . Equestrian, pedestrian and bicycle • All existing uses with the addition trails of the following: • Landscape Improvements • Cabled/Wired • Public or private roads and Telecommunication Equipment and utilities, except in OS 10 shall be facilities — w/DRB approval generally n/s axis • Infrastructure • OS1-OS9 —Lakes, ponds, • Dry Utilities reservoirs, irrigation ditches, park • Snow Storage and picnic facilities • OS1-OS4: Rock & Gravel Crushing • OS1-OS5: Lakes, Ponds, Irrigation • OS5&OS6: Community Facilities, Recreational Uses including river access, and pedestrian and vehicular access roads, bridges SR Us N/A • OS6: Lakes, ponds, reservoirs and irrigation ditches • OS6: Park and picnic facilities and related parking Interim Uses N/A • Construction Stating • Agricultural Page 9 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Park/Community Park Page 10 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Existing Proposed Planning lr (29 Acres) N PF1 (4 Acres), PF2 (2 Acres), Area/Acreage P1—P6 (15.7 Acres) PF3 (13 Acres) Additional 5.8 Acres may be located in I, J, and/or K at Developers discretion Uses • Trails • Public Facilities • Landscaping • Landscape Improvements • Indoor/Outdoor Recreation • Cabled/Wireless Telecomm • Lakes, Ponds, Irrigation • Infrastructure • Park and Picnic Facilities • Dry Utilities — with DRB approval • Tract E: Emergency Services — ambulance, fire protection • Ordinance 06-16 Reference SR Us • Lakes, Ponds, reservoirs and irrigation • Park and picnic facilities, and parking Interim Uses N/A Agricultural Height N — 35'+ Arch Projections 35' Setbacks No Minimum 20% Page 10 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area RMF -1 Residential Multi -Family Page 11 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning Area/Acrea e RMF -3 (16.3 Acres) RMF -1 (27 Acres) Max Density 6 DU/Acre Unlimited; 280 Max until second access is constructed Uses • Residential • Residential Uses • Child Care • Community Facilities • Residential Facilities • Commercial Parking, Private • Residential Management Office Parking • Temp Real Estate Office • Residential Management Office • Public/Private Roads/Utilities • Public Parking • Accessory Uses • Child Care Center • B&B, Vacation Club, Short Term • Telecommunications • Infrastructure • Dry Utilities • Recreational Facilities • Temporary Real Estate • Wedding Facilities • Bus Stops, Tramways, Gondolas, etc. • Assisted Living with cafeteria • Restaurant SR Us N/A None In terim Uses N/A • Agricultural Use • Rock and Gravel Crushing • Construction Staging Height • 48' Multi -family • 48' Multi -family • 35' for SF/Duplex + Arch • 35' SF/Duplex Projections Setbacks 20' from I-70? • 25' Front • 20' Side/Rear Site Coverage Not Defined 80% Page 11 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Planning Area RMF -2 Residential Multi -Family Page 12 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Current Proposed Planning 43.6 Acres 38 Acres Area/Acreage Max Density 12 DU/Acre Density None Uses . SF, Duplex, Multi -family • Additional Uses: • Child care • Community Facilities • Recreational Facilities • Parking • Residential Management Offices • Bus Stops • Temporary real estate sales • Agricultural (interim) offices • Child Care • Public/Private roads and utilities . Assisted living facilities with cafeteria • B&Bs • Cabled/Wireless Telecommunication • Infrastructure • Dry Utilities • Recreational facilities • Pedestrian bridges Height . 35' SF or Duplex • 35' SF/Duplex • 48' All other uses • 48' All other uses Page 12 Exhibit D - Tables Comparing Existing and Proposed Planing Areas Y/ 6 \_ _ e /� VONAvon... a smoke free community C O L O R A D O May 17, 2012 Harvey Robertson, RMT Architects, PC PO Box 7630 Avon, CO 81620 RE: Preliminary PUD Amendment (File #PUD 12002) Subdivision (File #SUB 12003) Updated Initial Review comments Harvey, Exhibit E Post Office Box 975 One Lake Street Avon, Colorado 81620 970-748-4000 970-949-9139 Far Relay recognized www.at,on.org The Town received updated information for the above-mentioned files on Monday, May 7, 2012. Thank you for addressing some of our initial comments and submitting the new information. The documents now include the Amended and Restated PUD Guide (Version 8), and the PUD Master Plan (Version 10). These two documents along with the Consolidated, Amended and Restated Annexation and Development Agreement (Version 1001679.6) compile the Public Referral Documents that were posted on the Town's website for the twenty-one (2 1) day referral period. The amended documents resulted in revisions to Staff s comments. For clarity, please find responses in red to Staff s initial review comments based on the revised information: A. PURPOSES/GENERAL PROVISIONS 4. (c) Design Covenant There does not appear to be any reason to include reference to the Design Covenant in this zoning control document. All references to the Design Covenant should be removed. This was not part of the Settlement Term Sheet (STS). Response: Not addressed. 4. (f) Planning Areas and Boundaries, Road Alignments, Lot Lines The road alignments are "non-binding" and provided only for illustrative purposes. The PUD Master Plan indicates road access to Planning Area I per the Settlement; however, a requirement was added to Article 4.2(e) of the Development Agreement requiring that if/when the Town acquires the USFS parcel, the Town shall execute a "Relocatable Roadway easement Agreement" to the Developer within three (3) business days after holding title for the Page 1 Community Development Comments — UPDATED May 17, 2012 Exhibit E "conceptual" alignment shown. This timing is not realistic in the event this turns into a business point. (Not in STS) Response: Not addressed. The PUD Master Plan was modified with Version 9 to show planning areas running to the centerline of abutting streets. The Municipal Code has similar provisions to use the centerline of a street for zone district boundary determination only if there is any discrepancy to a boundary. For clarity, the PUD Master Plan should reflect conceptual Right of Way limits in place of planning areas covering streets. (Not in STS) Response: Addressed with amended PUD Master Plan. 4. (g) Issuance ofBuilding Permits. Design Review Board Certification The Town's Building Department is being charged with ensuring compliance with the design and improvement standards (Section J.9) for the planned hotel in Planning Area J. The Director would be the appropriate party to ensure compliance with these site specific design standards, not the Building Department. (Not in STS) Response: Addressed. 6. Conflict New language has been added to this section to lessen any possible effect Town regulations may impose on the PUD. In providing an interpretation for conflicting regulations, the Town shall give the "broadest reasonable effect to the Development Standards and the Development Plan, and that gives the narrowest reasonable effect to any provision of the Municipal Code and/or Development Code which explicitly or implicitly could be construed to conflict with or limit the development rights established by the Development Standards and the Development Plan." This language was not contemplated by the Settlement and appears to diminish the Town's ability to apply general regulations in a uniform and non-discrimatory manner. (Not in STS) Response: This comment was not addressed. B. TOTAL PERMITTED DENSITY I understand that Larry Brooks and Eric Heil expressed support for proposing an elimination of maximum density limitations based on the approach adopted by the Town for the Town Center zone district in the Avon Development Code. The impacts of eliminating density limitations will need to be understood. The PUD Guide does not address additional exactions or dedications to mitigate the additional impacts of potential density increases. The PUD Guide proposes potential densities in excess of the maximum amount permitted on cul -du -sacs for Planning Area K, which was not included in the STS and I understand not suggested by Larry Brooks and/or Eric Heil. Response: The Density Allowance was amended and now proposes a maximum of 2,400 dwelling units. The PUD Guide was not amended to mitigate potential increases to commercial/ industrial allowances. C. WATER ALLOCATION CALCULATION AND TRACKING This section is the result of the administrative subdivision provisions and states that the Developer shall designate the amount of Water Rights available with written notice to the Town at various stages of development. This section must be updated pursuant to the Water Tank Agreement to clarify the 2,800 SFE conveyance. Response: Addressed. Page 2 Community Development Comments — UPDATED May 17, 2012 Exhibit E 3. Water Rights Master List It further states that the Developer and Town will coordinate a Water Rights Master List (Section C2) to track and rectify the then -current water allocation at Final Plat or building permit submittal, depending on where the property is located. If this approach were approved it would make the water tracking method essentially "to be determined." If the Superblock concept is approved, future subdivisions (i.e. Planning Area K), would track water at building permit submittal. Staff s preference would be to have the Water Authority track water at building permit since the Town has a process in which a copy of all building permit plans are copied to the Authority. Once a subdivision plat is submitted the SFE count could be included on each subsequent plat for further tracking. Response: Not addressed. D. GENERAL LAND USE DESIGNATIONS 2. Permitted Uses This Section implies that Uses and Use Catagories permitted in each Planning Area are set forth in Section E (Development Standards), Section G (Temporary Uses and Structures) and Section J (Supplemental Regulations). This Section should also reference Exhibit I, Definitions, as there is an exhaustive list of Commercial Uses applicable to several planning areas. Response: Addressed. E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD 2. Planning Area A — Village Center Mixed Use Project The size of this Area increased from 33 acres to 43 acres. With the increased acreage, the allowable single -use retail tenant size increased from 60,000sf to 65,000sf maximum, but with the ability to exceed 65,000sf via the SRU process. Staff is concerned with the increased maximum single retail business size. One of the Town's primary retail sales tax generators — City Market, is an anchor in the East Town Center district and recognized by the Comprehensive Plan as an anchor tenant that should be fully accounted for if it is relocated in the future. Response: Not addressed. Light Industrial was also added as a Use by Right in this Planning Area if part of a Mixed Use project. Light Industrial may not be a compatible land use in this area of Town and should at a minimum trigger a SRU process. A list of several "Interim Uses" was added to this Planning Area. Staffs preference would be to review these uses as Temporary Uses and the codified review procedure given the varying levels of impact to adjacent land uses. (Not in STS) Response: The PUD Guide was amended to include Light Industrial as a SRU and not allowed by right. The Interim Uses are still being proposed and that comment was not addressed. 3. Planning Area B — Community Facilities Pursuant to the Settlement this Planning Area was moved north and the DRB has ultimate review authority over any inprovements and uses on the site. By adding a conceptual frontage road bordering I-70, and increasing the setback from 20' to 25', the amount of usable acreage is further restricted for this Parcel/Planning Area. The northern boundary of this Planning Area should be no closer than 50' to the I-70 Right -of -Way in order to accommodate the planned "Rural Local Road" profile defined in Exhibit F — Street Standards. Page 3 Community Development Comments — UPDATED May 17, 2012 Exhibit E Response: Addressed. In addition to the development constraints mentioned above, and the physical constraints of the existing topography of this Planning Area, there does not appear to be any reason to lower the maximum allowable building Height from 60' to 35' for any potential future structures, or remove the currently permitted 10 Dwelling Units. (Not in STS) Response: Not addressed. 4. Planning Areas C and D — Village Residential Mixed Use Projects The STS did not contemplate any changes to the intensity of development for these Planning Areas. The potential scale and intensity of future development in these Areas has increased to the point where it is difficult to comprehend the potential impacts to the neighboring residential areas to the south. The complete list of Commercial uses -by -right was added (including single business retail tenants above 65,000sf with SRU approval); a mixed-use concept was added; and building heights increased from 48' to 55'- 80'. (Not in STS) S. Planning Area E — School Planning Area E (Lot 3 according to the Prelimary Plat) is encumbered and bifurcated by easements and existing improvements. The side and rear setbacks doubled in size, i.e. side yard setbacks increased from 7.5' to 20% rear setback from 10' to 20'. In addition to the physical constraints of the site, the Purpose statement was modified to limit the school requirement to needs resulting exclusively from the Residential Uses, and the following language was removed: "needs of the Eagle County School District". There is no clear rationale for increasing side and rear setbacks or changing the purpose statement. Response: Not addressed. 6. Planning Areas F, G, H and I — Regional Commercial Mixed Use Projects Area F: An 80' tall Hotel in Planning Area F does not appear to be compatible with the surrounding land Uses. (Not in STS) Response: This comment was not addressed. Area I: The size of this Area was reduced in size by 6.7 areas, and the area northern boundary borders the approximate limits of 40% slopes. "Heavy industrial" was added as an eligible use, but Heavy Industrial is not a defined term. Any Heavy Industrial use would need to be processed through the SRU process to allow public review. (Not in STS) Response: This comment was not addressed. A potential bridge to Planning Area I was also added to provide a conceptual secondary road connection in order to build more than 280 residential dwelling units. Response: No revisions necessary. 7. Planning Area J — Regional/Neighborhood Commercial & Residential Mixed Use Projects This proposed Amendment is consistent with the Settlement Terms insofar as it will change the zoning of N -South and RMF -1 (now being referred to as Planning Area J collectively) to permit commercial uses including hotel/lodging as a use -by -right. There is concern with the timing of the displaced park improvements, failure to provide minimum size requirements for future park land on the hillside, and the lack of control to ensure that future land for parks is Page 4 Community Development Comments — UPDATED May 17, 2012 Exhibit E acceptable when compared to the accessibility and centrally located N -South parcel. Town staff will need to discuss the potential benefits and impacts of changing N -South from park to commercial as part of the Town staffs review for the Planning and Zoning Commission and the Town Council. Response: No changes necessary. This subject will be reviewed through the public review process. 8. Planning Area K —Hillside Residen tial If the general building envelopes shown on the PUD Master Plan are non-binding and amendable at the DRB's discretion, there does not appear to be any reason to show envelopes on the Development Plan. There are siting considerations in addition to the wildlife mitigation that must be considered including topography and any potential geologic hazards commonly experienced with hillside development. The Settlement contemplates increased density in Planning Area K, but no other substantive changes. Response: Not addressed. 9. Planning Areas RMF -I and RMF -2 — Residential Multi Family Billboard advertisements would be explicitly allowed between Buffalo Ridge and I-70 ROW within Tract B of Filing 2, RMF -2 Planning Area. This type of advertisement is considered "off-site advertising" and prohibited by the Town of Avon Sign Code. This topic does not appear to be necessary to implement the Settlement Term Sheet. (Not in STS) Response: The PUD Guide was amended to replace the words "Billboard Advertisements" with "Off-site monumentation related to the Village (at Avon)." A note and placeholder was added to the PUD Guide Section J.9 Supplemental Regulations indicating that the Applicant will provide design standards for this sign location. The Town has not received any standards to determine the exact nature of these signs. I0. Planning Areas PI P4 The maximum permissible building height is reduced from 35' to 20' for no apparent reason. Please explain this modification to the Development Standards. (Not in STS) Response: Not addressed. 12. Planning Areas PF -I — PF -3 — Public Facility This planning area makes reference to the properties being subject to the terms and conditions of Ordinance 06-16. The two relevant remaining conditions of Ordinance 06-16 include: 1. Eagle County Health Services District site improvements shall incorporate public access restrooms available during daytime hours, and provide for public access from swift Gulch Road for use in connection with the park on Planning Area "N". 2. In the event the ERFPD site is not used by ERFPD, ERFPD shall allow the Town use of the site in accordance with Allowed Uses in the Village at Avon PUD Guide and subject to the terms and conditions of the VAA Annexation Agreement. Instead of referencing the Ordinance, Staffs preference would be to include the above- mentioned use -related conditions in the PUD Guide for transparency. (Not in STS) Response: Not addressed. Page 5 Community Development Comments — UPDATED May 17, 2012 Exhibit E F. SPECIAL REVIEW USE Staffs preference is to keep the current SRU process being administered since this is not part of the Settlement, and there is no justification to modify this process. The PUD Guide includes an extremely similar process with parallel submittal requirements. The review criteria are similar to those codified in §7.16.100, SRU, Avon Municipal Code and the existing PUD Guide; however, The following changes to the SRU section were made: o "Condition Precedent to Town Approval" is added to the review process to require a certificate of approval from Village DRB as submittal requirement. o Minor Expansions now permitted administratively so as not to go through Town review process. A Minor Expansion is defined as not more than 25% enlargement. o Review criteria related to compatibility limits the scope of review to traffic, lighting, noise, odor, etc. The following criteria were removed: appearance, architectural scale, site design as these are only approvable by the DRB. o Section 7.16.100, Special Review Use, AMC, is not applicable to the PUD Staff recommends utilization of the codified SRU process and submittal requirements, and removal of the 25% expansion clause since any changes to or expansions of SRU permits requires a public review process. (Not in STS) Response: Not addressed. G. TEMPORARY USES AND STRUCTURES This section was added to acknowledge that the Town has a process for Temporary Use review; however, the great majority of the uses that would require a temporary use permit have been added to the PUD Guide as allowed "Interim Uses" without any further public or staff review. Please explain why no Temporary Uses are listed in PUD Guide. (Not in STS) Response: Not addressed. As noted above, the PUD Guide lists several temporary -type uses that have occurred on the Property (rodeo, car driving school, etc), and in order to avoid the Town Temporary Use process listing these uses as allowed Interim Uses. This section should either be removed or justification provided for its inclusion. (Not in STS) Response: Not addressed. H. SUBIDIVISION Defer to the Engineering Department Comments under separate Correspondence. I. DEVELOPMENT PLAN AMENDMENT PROCEDURES 1. (b) General The term Owner is addressed by Section 7.08.110, Definitions, Avon Municipal Code, and a separate definition is not necessary. (Not in STS) Response: Addressed. 3. Administrative Amendments. (b) Qualifying Administrative Amendments (iii) Subdivision Related Changes Affecting Development Plans Page 6 Community Development Comments — UPDATED May 17, 2012 Exhibit E The list of qualifying Administrative Amendments is extremely exhaustive. The "major" nature of the listed amendment candidates should be reviewable by the Council. (Not in STS) Response: Not addressed. (iv) Planning Area boundaries and Lot lines While there is some acceptable limit to the degree to which a planning area boundary can be modified (10%), the language would allow changes to areas of allowed uses and any change in areas or intensity of zoning modifications should be reviewable by the Council through a PUD Amendment Process. Opening this amendment process for any "planning or engineering" consideration is broad, and Staff believes the nature of these amendments should trigger a Formal Amendment. (Not in STS) Response: Not addressed. (c) Procedure Similar to the provisions found in the Subdivision section, the Director's intent to deny or reject a minor amendment request would be given to an applicant with written notice and "detailed accounting" of the reasons for such unfavorable decision. Appeals should not be an option midstream through any development review process. Additionally, the ability for "planning staff' to waive requirements should state "Director." (Not in STS) Response: While the mention of Planning Staff now correctly references the Director, Staffs overall concern with this process has not been addressed. 4. Modifications Not Requiring Amendment Modifications to zoning standards such as setbacks, lot area, and parking requirements should be subject to an amendment process that requires public review. Response: This is a new comment, and is in a similar context with the above comment. J. SUPPLEMENTAL REGULATIONS I. Interim Uses Throughout the PUD Guide there are a number of "Interim Only" uses listed. There is an extremely similar process for Interim and Temporary Uses, except Interim Uses are approved by the DRB, and Temporary Uses could be approved by the Town and potentially the PZC. A list of permissible Temporary Uses is not included. Interim uses listed in all of the planning areas are of the nature of Temporary Uses and should be processed as such, given the potential compatibility issues that require site -by -site analysis. Rock and Gravel Crushing and agricultural uses could be objectionable Interim Use in the Valley Floor area in close proximity to other existing or future uses. (Not in STS) Response: Not addressed. 2. F enlace Regulations The Fireplace Regulations are nearly identical to the existing PUD regulations. The primary difference between these regulations and those found in Chapter 15.24, Solid Fuel -Burning - Devices, AMC, is that the AMC version requires EPA -listed devices. At a minimum, this section should be modified in order to reference the EPA regulations. These regulations are enacted for the purpose of promoting the health, safety and general welfare of residents of and visitors to the Town. Response: Not addressed. Page 7 Community Development Comments — UPDATED May 17, 2012 Exhibit E 3. Signs The Towns permit authority is removed for no apparent reason. Please explain the rationale for these modifications. (Not in STS) Response: Not addressed. As previously stated, billboard advertisements are not permitted in the Town and this should be removed. (Not in STS) Response: Not addressed. See Staff updated comments above. Traffic control signs within the Right -of -Way are not part of the DRB review authority. (Not in STS) Response: Not addressed. 4. Parking- Requirements These requirements (Exhibit C to PUD Guide) have been modified with the addition of Section B, Shared Facilities. This section states that loading, access drive, mobility and connectivity will be in conformance with Exhibit C, in addition to the general parking regulations. Please provide the mentioned access drive, mobility and connectivity standards mentioned. They do not appear to be included in Exhibit C. (Not in STS) Response: Not addressed. 8. Other Variances Variances to any Town Development or Engineering standards contained in the Avon Municipal Code shall be reviewed in accordance with the appropriately designated Municipal Code processes (Variance, AEC, etc.). Variances will not be reviewed at the Final Plat review stage and this section is not justified. (Not in STS) Response: This section is now being referred to as Waivers instead of Variances. The revised PUD Guide was modified attempting to address this comment by demanding applicability of the Town's Alternative Equivalent Compliance (AEC) provisions to any provision of Section 7.28 (Development Standards) or Section 7.32 (Engineering Improvement Standards. The AEC provisions are not considered a general waiver or weakening of regulations and are only available to the sections of the AMC listed in §7.16.120(a) Applicability. As proposed the AEC process would be open to any and all Development or Engineering Standards. 9. Planning: Area JHotel, Motel and Lod -e Requirements This section follows the Settlement agreement by adding "objective" design review standards for future development. As mentioned, the Director and/or PZC are the appropriate review authority to ensure conformance with supplemental design and improvement standards, not the Building Department. Please correctly reference the appropriate review body. (In STS) Response: Not addressed. 10. Modifications to BuildingEnvelo�nes This section permits the DRB to approve amendments up to 20% for zoning standards without any amendment to the applicable Final Plat, PUD Guide, or PUD Master Plan. A public process is warranted when zoning standards are amended throughout the Town, and Staff objects to these new amendment provisions. A change by 20% to a zoning standard would require a Formal PUD Amendment Application and review procedure. (Not in STS) Page 8 Community Development Comments — UPDATED May 17, 2012 Exhibit E Response: Not addressed. I1. Wildlife Mitjra tion Plan The Wildlife Mitigation Plan (Exhibit D) includes numerous references to specific lot numbers, Open Space parcels, and building envelopes. Please check all planning area and lot references and correct to coincide with the latest PUD Development Plan version 9. Response: Not addressed. This section states that it expressly supersedes any wildlife mitigation regulations in the Municipal Code. Wildlife Protection is addressed through Chapter 8.32, Wildlife Protection, Avon Municipal Code. This particular Chapter was not included in the List of Town regulations not applicable in Exhibit G. Please clarify. (Not in STS) Response: Addressed. This code section was added to Exhibit G of the PUD Guide Version 8. 12. Desi -n Review Guidelines Changes to Design Standards that are less stringent and require PUD Guide amendment would be reviewed and processed administratively as drafted. These types of changes could be considered Minor PUD Amendments per the Municipal Code, and processed accordingly. (Not in STS) Response: Not addressed. Is. Stream Setback Provisions Riparian Buffer Zone regulations from the Municipal Code would be exempted per these modified regulations. Staffs preference would be to implement the Natural Resource Protection requirements in the Municipal Code. (Not in STS) Response: Not addressed. 14. Fire Suppression This section reads incorrectly because there is no "Town Fire Chief." The Fire Chief does not determine the appropriate fire suppression systems. This is determined by the International Residential Code (IRC), Section R313; or the International Building Code (IBC), Chapter 9, and the International Fire Code. Any mention of alarm or fire sprinklers should include the proper NFPA standards for both systems. (Not in STS) Response: The PUD Guide now correctly references the Eagle River Fire Protection District. The appropriate code sections were not addressed. 15. Park Recreation and Trail Access This section maintains that access must be provided but "no obligation to construct or install' clause was added. This is consistent with the Settlement Terms. The Town would be obligated to make any improvements with respect to trail access or trailhead improvements. The language stating that the Owner will "facilitate" a trail, sidewalk and/or road generally traveling in an east -west axis through the lower portions of the PUD; however, the Owner shall decide at its sole discretion the location within the Property of such trail, sidewalk and/or road. This discretion is inconsistent with the similar requirement being imposed on the Town to provide potential road access to Planning Area I. Response: Not addressed. Page 9 Community Development Comments — UPDATED May 17, 2012 Exhibit E .z 7. Provision of Certain Amenities (a) Community Park (Planning Area P4) The size, separated character, and location of the east half of P4 do not appear to foster the development of a Community Park. The topography in this area may also limit the usability of this area as a Community Park amenity. The remaining —12.5 acres of Planning are P4 are severely constrained due to the creek, associated vegetation and topography. (Not in STS) Response: Not addressed. When we met to discuss these comments it was discussed that parking was the intention for the east half of P4. Please provide the conceptual level plans that were discussed for that park area if possible. (b) Pocket Parks (Planning Areas PI -P3) Staff questions the suitability of Planning Area P3 as a "Pocket Park." This parcel is more appropriately defined as Open Space and this acreage should be consolidated with P 1 for functional purposes. P3 consists of steep topography adjacent to I-70 Right -of -Way, and could not be used for any logical pocket park amenities. (Not in STS) Response: Addressed with latest PUD Plan map. EXHIBIT C: PARKING REGULATIONS Additional language was added to further state that these regulations are the "sole and exclusive regulations for Parking, Loading, access drives, mobility, connectivity and related matters." As mentioned there are no loading, access drive, mobility, or connectivity regulations in Exhibit C. Please provide these regulations or make reference to the Town's codified standards. Response: Not addressed. Sections have been added to these regulations regarding parking facilities. The additional language states that shared facilities may be owned and utilized for different land uses, and outlines the different owner(s) through leasehold interest holders, licensees, or permitees. EXHIBIT G: MUNICIPAL CODE EXCEPTIONS The list is extremely exhaustive, but appears to be incomplete. For example, there are exceptions listed for certain design review related codes, but the processes are still in place. Design standards are exempted, but the Alternative Equivalent Compliance process (7.16.120 - directly related to Design Standards) remains active. Another example is how the PUD Guide proposes to exempt the Village from §7.16.090 — Design Review, but not §7.16.080 — Development Plan; a process involving Director and/or PZC approval for any modification to any new structure or modification to existing. (Not in STS) Staffs preference would be to not to include this Exhibit, or for the applicant to provide clear justification as to why each of these sections should be waived. Response: Not addressed. EXHIBIT I: DEFINITIONS Please accept the following comments with respect to Exhibit I. The only definitions that should be contained in the PUD Guide are those germane to the PUD, and those that are not included in the Municipal Code. To expedite review a table is provided below with comments on recommended changes highlighted in Red, and recommended omissions in Blue. Page 10 Community Development Comments — UPDATED May 17, 2012 Exhibit E Definition Compared to Term Comments 1998 PUD defined by Guide AMC Accommodation Unit Yes Yes AMC limits size to 600 SF and includes 1/3 of DU for density purposes. This should reflect AMC definition for density Appurtenances No Yes Identical to AMC definition, not needed Arcade No Yes Identical to AMC definition, not needed Automobile Repair Shop No Yes AMC breaks "Major" and Minor" into (Major or Minor) separate definitions, but they are the same. Not needed. Awning No Yes AMC has similar definition, not needed Balcony No Yes Identical to AMC definition, not needed Building No Yes Identical to AMC definition, not needed Building Envelope Changed Yes Different from AMC, but similar intent. Does include 3D which isn't necessary (height). Arch Projections could extend, but not listed. Don't agree with "Balcony" inclusion. Building Height Changed Yes Similar to intent of AMC, but confusing. When using finished grade you allow for over excavation or over fill to severely alter grade. Building Setback Changed Yes AMC does not regulate location of Uses only structures Bus Stop No Yes AMC does include type of bus, but similar. Not needed Child Care Center No Yes AMC has similar definition, not needed Commercial Parking No Yes AMC has similar definition "Parking, commercial", not needed Condominium Changed Yes Not used outside of other definitions Condominium Unit No No AMC's "condominium" is similar. Convenience Retail No Yes Identical to AMC definition, not needed Design Covenant No No This reference is not necessary in the PUD Guide and should be removed Development Plan Changed Yes AMC refers to "minor" and "major" and are types of site plan reviews. Could be confusing to have separate definition. Director Changed Yes All definitions have similar intents, not needed Drive Aisle No Yes AMC has similar definition, not needed Drive-in Use No Yes Identical to AMC definition, not needed Driveway No Yes Identical to AMC definition, not needed Duplex Dwelling Changed Yes AMC does not define number of dwelling units, nor states that they can have separate ownership, but seems obvious. A portion could be removed Dwelling Unit Changed Yes AMC has similar definition Extended Stay Hotel Changed No Only used in definition section. This does not appear necessary. Family Child Care No Yes AMC has similar definition, not needed Page 11 Community Development Comments — UPDATED May 17, 2012 Exhibit E Home Finished Grade No Yes AMC has "grade, finished" and is identical definition, not needed Grocery Store No Yes AMC defines "large" and "small" based on size </> 25,00 SF Gross Square Footage No Yes AMC measures from "centerline of joint partitions and outside wall faces. Recommend matching ADC definition. Group Home No Yes AMC has multiple definitions, but intent is similar Guest House No Yes AMC has similar definition, but excludes "kitchens" Home Occupation, No Yes Similar intent to ADC's "Home Major Occupation", not needed Home Occupation, No Yes Similar intent to AMC's "Home Office", Minor not needed Hospital No Yes Similar intent to AMC, but includes "cafeterias", not needed Industrial Use(s) (Heavy No Yes AMC breaks into separate definitions for or Light) "Heavy" and "Light", but identical. Not needed Infrastructure No Yes AMC does not exclude "dry utilities" Kennel No Yes Identical to AMC definition, not needed Landscaped Area No Yes AMC has similar definition, but excludes paved walkways. Not needed Lot(s) No Yes AMC refers to "County Clerk and Recorders Office" Lot Area No Yes Different from AMC Manufactured Home No Yes Identical intent to AMC, not needed. Medical Marijuana No Yes Similar intent to AMC, not needed. Business Mobile Home No Yes Identical intent to AMC, not needed. Mixed Use Project Yes No This definition should be clarified to include residential/commercial mix in addition to commercial/commercial. Multi -family Dwelling No Yes AMC's "dwelling, multi -family" has similar intent, not needed Natural Grade No Yes AMC's "grade, natural" is identical, not needed Off -Street Parking Area No Yes Similar intent to AMC, not needed Open Space No Yes AMC further defines exclusion for parking areas Outdoor Storage No Yes AMC further limits use of containers and semi -trailers Parking Structures No No Not needed. Planned Unit No Yes Similar to AMC's definition Development PUD Planning and Zoning Yes Yes Similar to AMC, not needed Commission Planning Department Yes No Not needed. Principal Use No Yes Similar intent to ADC, not needed Page 12 Community Development Comments — UPDATED May 17, 2012 Exhibit E Property Line No Yes Similar intent to ADC, not needed Public Parking No Yes AMC's "parking, public" is similar Recycling Facility No Yes Similar to AMC definition, not needed Religious Facility No Yes Similar intent to AMC's "Church or place of worship and assembly", not needed Residential Use No No Common planning term and not needed. Restaurant(s) No Yes AMC breaks into separate definitions for "drive-through", "fast food", and "standard". Same intent, not needed Single-family Dwelling No Yes Identical to AMC's "dwelling, single- family", not needed Special Review Use No No Does not appear to be required Structure No Yes Identical to AMC, not needed Temporally Divided No Yes AMC uses "Dwelling, timeshare, interval Dwelling ownership or fractional fee ownership" Town Yes No Not needed. Contained in Dev Agreement Town Council Yes No Not needed. Transit Shelter No Yes AMC uses "Bus Shelter" same intent, not needed Use Category No No Temporary use not included Wireless No Yes Similar to AMC, not needed Telecommunication Equipment Wireless No Yes Similar to AMC, not needed Telecommunication Facility Wireless No Yes Similar to AMC, not needed Telecommunication Service Response: These comments on Definitions were not addressed. Commercial Use An exhaustive list of Commercial uses was added to the definitions section in an attempt to capture any and all potential land -uses within the commercial or mixed-use planning areas; this is a new approach further limits any purview of the Director to determine similar uses and would limit all non -listed uses from being considered. Staff s preference would be to narrow this list and maintain discretionary approval of Commercial Uses. For example, commonly known and accepted commercial uses such "barber and beauty shop", "department store", "hardware store", "laundry mat" are clearly commercial uses that are universally accepted as Commercial in the planning field and could be eliminated. "Medical Marijuana Businesses" must be removed from this list as they are not permitted anywhere in the Town boundaries. (Not in STS) Response: Not addressed. Primary/Secondary Structure This definition was changed from the current version and now limits secondary units to a 40% ratio, up from 25%. This change seems excessive and could change the makeup of housing to include more duplex -type housing instead of the commonly accepted and intended Primary/ Secondary ratio. (Not in STS) Page 13 Community Development Comments — UPDATED May 17, 2012 Exhibit E Response: Not addressed. GENERAL COMMENTS: Municipal Code vs. Development Code Referencing All references to "Municipal Code and/or the Development Code" should read "Municipal Code". The Development Code is a subsection of the Municipal Code and there is no reason to have separate references. Response: Addressed. Rock and Gravel Crushing This use was added to the majority of the planning areas as an allowable "Interim Use," without any Town review. Rock and Gravel crushing is considered a Heavy Industrial land use, which would be inappropriate in planning areas in close proximity to existing and approved residential land uses (e.g. Planning Area A, F). This topic was not addressed with the Settlement and should be avoided due to potential land -use conflict. (Not in STS) Response: Not addressed. Determination of Uses by Right Throughout the PUD Guide there are examples of specific uses that require DRB authorization. These uses cannot be considered "uses by right", especially in the case of the uses that are only allowed as Interim Uses, or those that must be authorized by the DRB. Perhaps a clearer way to outline the Planning Area Uses regulations would be to enumerate: 1) Uses by Right, 2) Uses Requiring DRB approval, 3) Interim Uses, 4) SRU, and 5) Excluded Uses. Response: Not addressed. Purpose Statements All Purpose Statements were removed for the Planning Areas, except for Planning Area E - School Site. Removing the Purpose Statements was not contemplated with the Settlement, and there is no apparent reason to remove purpose statements. (Not in STS) Response: Not addressed. Combined Planning Areas For clarity and ease of administering the document, all planning areas should be separately called out unless identical zoning provisions apply for each Planning Area. Combining multiple planning areas together and burying differentiating zoning standards, allowed uses, SRU's, and/or Interim Uses is unwarranted and confusing. (Not in STS) Response: Not addressed. Excluded Uses The existing PUD Guide does not need to call out Excluded Uses for each Planning Area. This topic is addressed in the Municipal Code and by nature of not being included in the other use categories (SRU, Allowed, etc.) these uses are not permitted and do not need to be explicitly listed as being excluded. (Not in STS) Response: Not addressed. Page 14 Community Development Comments — UPDATED May 17, 2012 Exhibit E Again thank you for submitting the revised documents Harvey. If you have any questions regarding this letter please call me at 970.748.4413. Regards, Matt Pielsticker Planner II, Community Development Page 15 Community Development Comments — UPDATED May 17, 2012 AVO I C O L O R A D O May 21, 2012 Harvey Robertson PO Box 7630 Avon, CO 81620 Avon... a smoke-free community Exhibit E Post Office Box 975 One Lake Street Avon, Colorado 81620 970-748-4000 970-949-9139 Fa.a Relay recognized www.avon.org RE: Engineering Department second review of documents pursuant to Village (at Avon) Settlement Term Sheet of the Consolidated, Amended and Restated Annexation and Development Agreement for the Village (at Avon), The Village (at Avon) Amended and Restated PUD Guide and Second Amended Final Plat, The Village (at Avon) Filing 1 a Subdivision of Lot 1 Filing 1 Dear Mr. Robertson, The following are the second round of Town of Avon, Engineering Department comments on the four documents recently submitted in order to implement the settlement term sheet. The three documents are version 6 of the Consolidated, Amended and Restated Annexation and Development Agreement for the Village (at Avon), version 8 of The Village (at Avon) Amended and Restated PUD Guide, version 10 of The Village (at Avon) PUD Master Plan, and the Second Amended Final Plat, The Village (at Avon) Filing 1, a Subdivision of Lot 1. The changes in the comments from the previous submittals are in red. These comments, although detailed, should not be considered all-inclusive as review is on-going. The items that are not in the settlement term sheet are noted below. The Village (At Avon) Amended and Restated PUD Guide, Version 8 The term Master Developer is used throughout the PUD guide but I have concerns about how this function in the future after the majority of the property has been subdivided and sold. For instance as currently proposed the Master Developer will have control of the other properties zoning in the development in perpetually. I recommend that the PUD state that zoning or other development applications should be made by the property owner. If the application pertains to more than one property, the application shall be made by all of the impacted property owners. (NOT IN TERM SHEET) Response: Not addressed. A.4.(f) Planning areas and boundaries, road alignments, lot lines. This section states that the conceptual alignments are non-binding and provided only for illustrative purposes. That is in conflict with later sections of the PUD. With the adoption of this section Town Council is giving up any right to approve the interior layout of the property because all subdivisions will be staff approved. Also, this impacts the future phasing of the construction of the infrastructure on Lot 1 because once development starts on Lot Exhibit E Harvey Robertson May 21, 2012 Page 2of12 1, the road layout must be finalized to ensure a proper road layout and coordination of utilities and drainage. Response: Not addressed. C. Water Allocation and Tracking (NOT IN TERM SHEET) 1. The proposed tracking of the water allocation throughout the development is in conflict with the fact the water rights are managed and controlled by the Upper Eagle Regional Water Authority (UERWA). Also, the current Water Service Agreement stipulates that the UERWA will serve up to 2400 residential dwelling units and 650,000 SF of commercial which is a separate issue then the capacity of the proposed water storage tank which can serve 2800 single family equivalents (SFE). The water allocation by the UERWA is done on a first come first serve basis within a subdivision and the Town regulates the subdivision process which requires justification that there are adequate facilities including water to serve the application. Therefore, the water allocation and tracking should be done through UERWA and the Town of Avon. The ERWA will track the water based on building permits and then once a subdivision plat is submitted it is recommended that it states the amount of SFEs for each lot in the subdivision. These subsets will then be broken out from the primary water bank and tracked separately. Response: Not addressed. E.7 Planning Area J (north of 1-70). A 10 -foot setback is proposed for along Interstate 70 and does not appear to be adequate considering noise, environmental and safety issues, especially for residential uses. (NOT IN TERM SHEET) Response: The setback was revised to be 40 feet for residential users and 10 feet for commercial and industrial users. E.8 Planning Area K — Hillside Residential. The term sheet states development standards will be proposed for the hillside PUD area, but the PUD does not address the location of building envelopes. Maximum Residential Units is capped at 280 dwelling units until a secondary access road is constructed and open for use. The secondary access road should be defined. The secondary access road needs to be opened and maintained year round. It cannot be a USFS road that is only open in the summer. Response: Not addressed. E.10 Planning Areas P1 -P4 - Parkland 1. The PUD requires VAA DRB approval for improvements and facilities although it was only in the term sheet for Planning Area B. Response: Not addressed. 2. The portion of P4 north of Traer Creek Run appears to be unusable. Response: planning area P4 was removed from the PUD Master Plan. 3. P3 is a slope easement for 1-70 and is therefore inappropriate for parkland. Response: Planning area P3 was reclassified to planning area 057. 4. It is not clear what P1 is on the Map. Response: Not addressed. Exhibit E Harvey Robertson May 21, 2012 H. Subdivision Page 3 of 12 1. H.1. The duration of the ground lease/lease that is exempted from the subdivision standards and procedures should be included. (NOT IN TERM SHEET) Response: Not addressed. 2. H.1. If development occurs through building permits on superblocks and without subdivision there is the potential that if the property owner desires to subdivide the property later, the property owner might not be able to if the proposed properties do not meet the development standards including setbacks. Also, the current development standards are based on the assumption of subdivision of lots and not based on development only occurring through building permits. (NOT IN TERM SHEET) Response: Not addressed. 3. H.2.(a)(ii) The term sheet agreed to administrative approval of subdivisions for Lot 1, RMF -1 and Planning area N South provided a sketch plan of the road layout is provided. The Avon Municipal Code (AMC) requires that construction drawings be submitted as part of the platting process to ensure that there is adequate right-of-way and easements for all infrastructures and to ensure the construction of the improvements that accompany subdivision. There is a concern that final plat approval could occur based on a sketch plan layout and the required without the accompanying public improvements, resulting in lots without adequate infrastructure. Response: Not addressed. 4. If development occurs through building permits on superblocks and without subdivision, there is the potential that subsequent subdivisions cannot meet the development standards including setbacks. Response: Not addressed. 5. H.2.(a)(iii)(1) Dedication of ROW must be done through the subdivision process and according to state statute Town Council must formally accept all property including rights-of-way. Response: Not addressed. 6. H.2.(a)(iii)(3) Please define does "Any transfer by operation of law or bequest"? Response: Not addressed. 7. H.2.(b)(ii) The review of the Final Plat should follow the AMC procedures. There is no reason to draft an entirely new process for this PUD. The only change required in the settlement term sheet is the type of approval and the final plat signature authority. Response: Not addressed. 8. H.2.(b)(iii) The statement that no noticing requirements shall apply to this PUD is not reasonable because it obstructs the public process. Please provide justification that it is legal by state statutes. (NOT IN TERM SHEET) Satisfactorily addressed, the applicant is proposing to follow the procedures in the Municipal Code. 9. H.2.(b)(iii) The statement that the Director must notify the applicant prior to rendering a decision to reject or deny a Final Plat, is unnecessary since a decision has already been made on the application. (NOT IN TERM SHEET) Response: Not addressed. Exhibit E Harvey Robertson May 21, 2012 Page 4 of 12 10. H.2.(b)(vi) & H.2.(c), (d) This section is redundant with the AMC, please provide justification why the PUD guide needs to have different procedures than the AMC procedures. (NOT IN TERM SHEET) Response: Not addressed. 11. H.2.(c)(viii) This section states that a Public Improvements Agreement is required with Final Plat but that section of AMC was listed as not applicable in Appendix G. (NOT IN TERM SHEET) Response: Not addressed. 12. H.2.(c) This section requires Town and Applicant to hire a third party to determine if a required submittal item is required. This requirement would likely cost more than to just complete the report. The AMC allows an Applicant to appeal a Staff decision to Town Council if there is a disagreement the decision. (NOT IN TERM SHEET) Response: This section was removed. 13. H.2.(e) The road layout in the Transportation Plan does not match the new PUD Master Plan. The PUD Guide should reference the proposed version of the PUD Master Plan and not the Transportation Plan. The Transportation Plan will have to be amended if this PUD Amendment is approved. (NOT IN TERM SHEET) Response: Satisfactorily addressed. 14. H.2.(e) the applicant is requesting the Town to propose material street extension and alignment requirements, Staff needs more guidance on what the applicant is requesting. I. Development Plan Amendment Procedures 1. 1.1.(b) This section requires that companies controlled by the Master Developer must consent to any future PUD amendment in the entire development t. If the Master Developer sells a piece of land, then the future that landowner would be unable to apply for a PUD amendment. A simple statement requiring consent of the property owners that are impacted by the PUD amendment should be adequate. (NOT IN TERM SHEET) Response: Not addressed. 2. 1.1.(d) The requirement that the Director notify the Applicant that it is going to reject an application before rejecting an application seems unnecessary since the Director is going to reject an application. (NOT IN TERM SHEET) Response: Not addressed. 3. 1.3.(b)(i) This section allows for administrative approval of road alignments if the change is consistent with the Transportation Plan. The Transportation Plan must be amended to include road layouts shown in the PUD. (NOT IN TERM SHEET) Response. The reference was changed to the PUD Master Plan. 4. 1.3.(b)(ii) This section requires that changes to the development agreement that require PUD amendments can be done administratively. Please justify why this is necessary, especially since the changes to the development agreement are going to Town Council for approval. (NOT IN TERM SHEET) Response: Not addressed. Exhibit E Harvey Robertson Page 5 of 12 May 21, 2012 5. 1.3.(b)(iii) If Town Council approves a development plan then they need to review any major changes. The changes listed in this section appear to be major. (NOT IN TERM SHEET) Response: Not addressed. 6. 1.3.(b)(iv) An increase in a planning area that results in increased density or change in use should go to Town Council and not only require approval from the VAA DRB. (NOT IN TERM SHEET) Response: Not addressed. 7. 1.3.(c)(i) The Director may waive any requirements, not the planning Staff. (NOT IN TERM SHEET) Response: Satisfactorily addressed. 8. 1.4. If the development standards are amended, than there needs to bean amendment to the PUD, even it results in reduced density. The parking requirements cannot be allowed to be arbitrarily amended. (NOT IN TERM SHEET) Response: Not addressed. J. Supplemental Regulations 1. J.1.(ix) The PUD is proposing to allow Rock and Gravel operations throughout the development as an interim use. The rock and gravel operations should be limited to Planning Areas A, C, D, P1, F, E, J and P4. There also needs to be standards so these operations do not to impact development as it occurs throughout the project. (NOT IN TERM SHEET) Response: Not addressed. 2. J.3. The VAA DRB should not have the authority to regulate traffic control signs within the ROW. (NOT IN TERM SHEET) Response: Not addressed. 3. J.4. This sections states that the parking standards will also replace the loading access drive, mobility and connectivity standards in the AMC. There are only parking standards in Exhibit F and there is not a justification for requesting the replacement of these standards in the Muni Code. (NOT IN TERM SHEET) Response: Not addressed. 4. J.6. This entire section is redundant with the AMC and this is not the proper place to address the David Johnson study in the term sheet. That should be in the development agreement. Additional language was added in the 81h version that states the Town must adopt the Johnson Study without revisions although the Town has not completed a review of the study. Also, states that the Town cannot implement more restrictive drainage provisions regardless of drainage issues that may occur with the development of the project. This language is very restrictive since the developer has not submitted a development plan with an accompanying drainage study. 5. J.7. Sidewalk and Trail Standards. This section replaces what is in the AMC with almost identical standards. Please provide justification why the standards in the AMC are not adequate. (NOT IN TERM SHEET) Response: Not addressed. Exhibit E Harvey Robertson May 21, 2012 Page 6 of 12 6. J.B. This section infers that Staff decides on variances related to the Development Standards and Engineering Standards as part of the subdivision/Final Plat application since they are approved by Staff. That is a major change from what is in the AMC. (NOT IN TERM SHEET) In version 8, this section was modified to state that any provision in Section 7.28 and 7.32 are eligible for Alternative Equivalent Compliance. The AMC currently only allows AEC for the following sections: a. Section 7.20.10, Employee Housing Mitigation b. Section 7.28.040, Mobility and Connectivity C. Section 7.28.050, Landscaping d. Section 7.28.060, Screening e. Section 7.28.070, Retaining Walls f. Section 7.28.080, Fences g. Section 7.28.090, Design Standards Section 7.32.040, Paved Trail Design 7. J.10.(a) This section states that the VAA DRB can approve changes to setback, building height, site coverage and lot area. The VAA DRB does not have the legal authority to approve changes to a PUD. (NOT IN TERM SHEET) Response: Not addressed 8. J.12(B). This section will allow Staff to approve changes to design standards instead of going to P&Z and TC. (NOT IN TERM SHEET) Response: Notaddressed. 9. J.13. The following sentence was added to the Stream setback provisions: "The foregoing constitute the sole and exclusive stream setback requirements for the VAA PUD and expressly supersedes and stream setback regulations set forth in the Municipal Code.". Please justify why this language was added to the PUD Guide. (NOT IN TERM SHEET) Response: Not addressed. 10. J.14. The agency regulating fire suppression systems should change to the Eagle River Fire Protection District. Response: Satisfactorily addressed 11. J.15. The trail section plan does not include a trail that is shown in the Eagle Valley Trails Master Plan which connects Hurd Lane to Lot 1 and then to Post Blvd. Response: Satisfactorily addressed. 12. J.17(b) This section states that the Master Developer has fully satisfied the construction of the pocket parks but P1 has not been built and P3 is a steep highway embankment. (NOT IN TERM SHEET) Response: Not addressed. Exhibit E Harvey Robertson May 21, 2012 Page 7 of 12 13. J.17(c)(iii) This section states that the Master Developer may modify the boundaries of Planning Area B if there are no improvements. There is no discussion on ensuring that what remains is usable, viable park site. Response: Not addressed. EXHIBIT D, Wildlife Mitigation Plan. The planning areas need to be renamed to reflect the new names. Response: Not addressed. EXHBIT F, Street standards. This section replaces Section 1.5. Design Improvement Standards in the existing PUD Guide. The existing PUD guide broke the road standards into two categories: roads north of 1-70 not maintained by the Town and roads south of 1-70 and all roads maintained by the Town. The proposed PUD attempts to create specific standards for most of the roads within the development so it is difficult to directly compare the two PUDs. The only changes to the road standards included in the term sheet was to draft a road standard for the road that will provide access to Planning Area I from Planning Area J through the USFS land exchange parcel and to develop a narrowed East Beaver Creek Blvd. The following comments are based on the proposed roads standards: 1. The travel lane cannot include the curb and gutter but the on -street parking spaces can 2. There needs to be a sidewalk on both sides of the road in urban areas 3. There needs to beat least 8 feet on each side of the rural road to accommodate a roadside ditch 4. There needs to be a one foot gravel shoulder on both side of the asphalt multi -use trail 5. The center turn lane on the rural collector road should be listed as optional and would probably only be used at intersections. 6. The new East Beaver Creek Boulevard must be designed to at least the Urban Local Road standard including sidewalks on both sides of the road. 7. The new Swift Gulch Road must be constructed with a detached, 8 -foot minimum wide multi -use trail. 8. Road D will need to provide for pedestrian facilities 9. Roads to and within Planning Area I will require a detached, 8 -foot wide minimum multi -use trail. The interior road design will change based on the eventual land use. 10. Roads in RMF -1 should have pedestrian facilities based on the proposed density. 11. The Engineering Department recommends either a bicycle climbing lane or detached multi -use trail for the primary road in Planning Area K up to RMF -1 in order to safely accommodate bicyclists. Exhibit E Harvey Robertson May 21, 2012 Page 8of12 12. Spur Road F is proposed to be 12% grade, which and will not permit adequate access for emergency response vehicles. 10% is the maximum grade for emergency vehicles and should only be used for short, straight lengths. 13. The resolution of the graphics need to be improved in the public version of the document Response: None of the comments on Exhibit F were addressed. EXHIBIT G: This exhibit lists sections in the AMC that will not apply to this PUD. Some of the sections should be waived because they were clearly covered in the 1998 PUD including Design Review, Special Review Use, Employee Housing Mitigation, parking, landscaping, school site dedication, park land dedication with the exception of pocket parks. Ajustification needs to be provided why all the other sections should be waived and why they should replace what is currently in the AMC. Also, if there is a standard in the PUD Guide it supersedes the AMC so it is not clear why there is a need to this this in the PUD Guide. (NOT IN TERM SHEET) Response: Not addressed. EXHIBIT I: Definitions. Only definitions that pertain to the PUD and are not in the AMC should be provided here. All other definitions should reference the Muni Code definitions for clarity and to prevent future conflicts. 1. The accommodation unit definition does not match the definition used for water rights. It should be noted that it does not pertain to the calculation of water rights and single family equivalent. Response: Not addressed. 2. The Landowner definition should be changed from who is listed in the Assessor's Office to who is shown in the Title Report. Response: Not addressed. 3. The Main Street definition does not need the street width in the definition since it is shown elsewhere in the PUD Guide. Response: Not addressed. 4. The mixed use definition needs to clarify that it is a mix of major uses like residential and commercial and not subsets of commercial uses. Response: Not addressed. 5. The definition of natural grade should clarify "man-made alterations" because the site has been disturbed for decades; of particular concern are the gravel pit and Planning Area. Response: Not addressed. PUD Master Plan Map (NOT IN TERM SHEET) 1. The debris flow ponds that are owned by the Town should be either OS or PF not RMF -2. Response: Satisfactorily addressed, the debris flow ponds are now shown as open space. 2. There needs to be verification that Planning Area B is usable and not too steep. Response: Not addressed. Exhibit E Harvey Robertson May 21, 2012 Page 9 of 12 3. Planning Area H should be identical to Lot 4, Filing 1. Response: Satisfactorily addressed, the lot lines were adjusted. 4. How should the tracts that were dedicated to CDOT be represented on the PUD Map and Guide? They were part of the original PUD and are part of Filing 1. Consider formally removing them or showing them as ROW or Public Facility. Response: Satisfactorily addressed, the CDOT ROW is removed from the PUD Map. 5. Planning area P3 consists of Lot 6 and part of Tract G. Can planning areas cross existing platted lots or consist of a portion of an existing platted lot? Response: Not addressed. 6. The notes that are of a regulatory nature and are not to clarify the map should be included in the PUD Guide text and not on the Map. Response: Not addressed. 7. Tract B, Filing No. 2 should be changed to Public Facility or OS from RMF -2. Response: Not addressed. Consolidated, Amended and Restated Annexation and Development Agreement for the Village (at Avon), Version 6 Section 2.3 Vesting of Property Rights The statement that a preliminary plan constitutes a vested property rights is what is not in the AMC. Also, preliminary plats are not final and subject to revision at the final plat stage and if there is a long duration between a preliminary plat and final plat approval the circumstances may have changed causing potential conflicts with other development in the project. Section 3.2 Design Review Currently, a member of the Town of Avon Planning and Zoning commission sits on the Design Review Board. This has been removed in the proposed Development Agreement. Section 3.3 Public Improvement Obligations 1. The agreement proposes that the public improvements that will be constructed by the TCMD are budgeted and placed in a separate account that would meet the Town's requirements for surety. This method is not currently allowed in the AMC. An escrow account if properly structured could satisfy the requirement for surety in a Public Improvement Agreement. (NOT IN TERM SHEET) 2. The Public Improvement Agreement proposes to have a one-year warranty period. The Town's standard is a two-year warranty period. (NOT IN TERM SHEET) Section 3.4 Public Roads and Access 1. The language should be clarified that any roads constructed by a landowner or developer must be accepted by the Town and not just dedicated without Town consent. Exhibit E Harvey Robertson May 21, 2012 Page 10 of 12 2. The section indicates that only the standards in the PUD Guide apply to road construction but this does not account for other standards such as CDOT M&S standards, CDOT specifications, and American Association of State Highway and Transportation Officials Geometric Design of Highways and Streets. The design and construction of roads within the project should follow Town standards with the exception of the standards in the PUD Guide. 3. Any dedication of roads to TCMD must be accompanied by a method to maintain it since after these agreements are executed TCMD will not have any funding stream for road maintenance. 4. The language implies that East Beaver Creek Blvd has streetscape and landscape improvements which it currently does not. 5. There is no requirement for the developer to prepare a layout and phasing plan of East Beaver Creek Blvd and the other roads on Lot 1 if they are constructed in segments. There is the potential for the future road to be disjointed if it is built in phases without an overall plan. I recommend that a road layout with Preliminary Engineering and phasing plan be prepared for approval before the first development project can be approved on Lot 1. This plan does not need to be drafted until there is a development proposal. This needs to not only include the road infrastructure but also the utility and drainage infrastructure. 6. All land dedications require a special warranty deed. 7. The list of roads to be transferred to the Town should include the legal descriptions and Nottingham Ranch Road was omitted. 8. The source of water used to irrigate the road right-of-ways needs to be addressed. The Town does not have adequate non -potable irrigation rights to irrigate these streetscapes and the existing irrigation system was constructed to use water from the Nottingham Puder Ditch and Nottingham Gulch. Section 3.5 Municipal Water 1. The language re -states what is in the existing water service agreements. For simplicity and to prevent conflicts, I recommend merely referencing the existing agreements. 2. We did not agree to waive the 1041 permit in the term sheet. We agreed to process the application internally. 3. The water tap fees payable to TCMD should only apply for the duration of the agreement. Section 3.6 Sanitary Sewer They are requesting the Town's assistance with having a portion of the property removed from the ERWSD. This is not in the term sheet and there is not enough documentation to evaluate this proposal to determine if it is warranted. (NOT IN TERM SHEET) Exhibit E Harvey Robertson Page 11 of 12 May 21, 2012 Section 3.8 Land and Water Rights Dedications 1. The Town does not accept Quit Claim deeds, only special warranty deeds. 2. The additional park land requirement states that the area to be dedicated is at the sole discretion of the Master Developer and there is not language to ensure that the land is suitable for a park. Section 3.9 Exactions and Fees This section needs to be clarified that it does not include application fees and building permit fees. Section 4.2 Town Obligations. 1. The tax credit to pay for the maintenance of the parking garage appears that it will last forever. (NOT IN TERM SHEET). 2. References to the asphalt overlay account are in several sections. This creates confusion and potential for conflicting language. Subdivision Application and Final Plat 1. A purpose statement needs to be added to the Final Plat. 2. A note needs to be added stating that East Beaver Creek Blvd and Chapel Place is temporary and is not being dedicated to the Town but to TCMD. 3. The note regarding a vested property right is inappropriate for a Final Plat. 4. Please submit closure calculations for each lot and the perimeter of the existing Lot 1. 5. Since this plat is to rescind the old plat and recreate the plat, the associated easements need to state they are dedicated by this plat and not the reception number of the previous plat. 6. 1 recommend that the dedication of the irrigation ditch right-of-way be switched to irrigation ditch easement. A note should be added that this is being dedicated to the Town. 7. Lot 2 is located where the former gravel pit is located. This location does not appear to be appropriate for a park. Also, I expect that when development occurs in the future, the developer may desire to place waste spoil in the pit instead of trucking it away. I recommend that language be added allowing the developer to regrade Lot 2 with the Town approving the grading plan and source of soil if the park improvements have not been constructed. 8. The access easement should be wide enough to accommodate a road with pedestrian access. 9. The names of the adjacent property owners and the reception number need to be shown on the plat. Exhibit E Harvey Robertson Page 12 of 12 May 21, 2012 10. As proposed in the PUD, there should be an assignment of SFEs for the three lots on this plat. If you have any comments or questions regarding this letter please contact me at (970) 748-4045 or at ihiIdreth(zDavon.orpz. Sincerely, w Justin Hildreth, PE Town Engineer cc: Larry Brooks Eric Heil Patty McKenny Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16 of the Avon Municipal Code as amended. SURVEYOR'S NOTES: 1) Date of Survey: February, 2012. 2) Basis of bearings is a line connecting found monuments marking north angle point and southwest corner Lot 1 being N 82'15'00" W (as shown and described hereon). 3) Notice: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification show hereon. 4) Addresses are for informational purposes only and may be subject to change. Please verify addresses with the Town of Avon. 5) Stewart Title Guarantee Company title commitment No. 957169 dated 2/6/12 was used for all easement and title information. 6) Various utilty locations found on site. Shown and labeled hereon. 7) Per Section 38-51-105 of the Colorado Revised Statutes, "The corners of each lot shall be marked within one year of the effective date of the sales contract." To be provided by the seller of the lot, tract or parcel. SURVEYOR'S CERTIFICATE I, Michael J. Post, do hereby certify that I am a Registered Professional Land Surveyor licensed under the laws of the State of Colorado, that this plat is a true, correct and complete plat of Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1 as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same were staked upon the ground in compliance with applicable regulations governing the subdivision of land. All boundary monuments were set as required by the Subdivision Regulations of the Town of Avon. In witness whereof I have set my hand and seal this _____ day of - - - - - - - - - - - - - - - - - - - - - - , A.D., 20---• Michael J. Post Colorado PLS 30116 LAND USE SUMMARY LOT AREA (acres) Lot 1 103.58 Lot 2 4.100 Lot 3 3.536 600[K11►111\uI0IQ1110IBIN yIQ/31■,I/:YI AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1 A RESUBDIVISION OF LOT 1 1>A1.18]1*3 1) Upon recordation, this amended final plat shall supersede and replace all subdivision plats previously filed of record with respect to the property described in this amended final plat, with the legal effect that all such previously recorded plats shall be considered void and of no further legal effect as applied to the property described in this amended final plat, and that the property described in this amended final plat shall be conclusively released from the encumbrance of all such previously recorded plats. Any reference in this amended final plat to previously recorded plats shall be for reference to distance and bearing measurements only. 2) Owner hereby reserves unto the Owner, its successors and assigns, the following easements: (i) the 25' wide utility easement shown on Lot 3 for sanitary sewer, water and dry utility purposes; and (ii) the 7.5' utility and drainage easement shown on Lot 3 for sanitary sewer, water, dry utiltiy and drainage purposes. Owner hereby grants to Traer Creek Metropolitan District and The Village Metropolitan District, their respective successors and assigns, the following easements: (a) the 25' wide utility easement shown on Lot 3 for sanitary sewer and water purposes; and (b) the 7.5' utility and drainage easement shown on Lot 3 for sanitary sewer and water purposes. 3) A) Declaration of Master Design Review Covenants for The Village (at Avon) recorded May 8, 2002 as Reception No. 795011 and First Amendment recorded June 10, 2008 as Reception No. 200812112 and Assignment of Declarant's Rights recorded August 24, 2009 as Reception No. 200918640 and Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants for The Village (at Avon) recorded September 16, 2010 as Reception No. 201018341. B) Easement with Covenants and Restrictions affecting Land ("ECR") recorded May 8, 2002 as Reception No. 795009 and amended by Amendment to Easements with Covenants and Conditions Affecting land ("Amendment") recorded July 7, 2003 as Reception No. 839304 and Amended and Restated Conveyance of Roadways, Parklands and Easements recorded January 27, 2005 as Reception No. 904568 and Second Amendment to Easements with Covenants and Conditions Affecting Land recorded October 31, 2008 as Reception No. 200823449 and Third Amendment to Easements with Covenants and Conditions Affecting Land recorded August 13, 2010 as Reception No. 201015934. C) Declaration of Covenants for The Village (at Avon) Commercial Areas recorded May 8, 2002 as Reception No. 795012 and First Amendment recorded June 10, 2008 as Reception No. 200812112 and Supplemental Notice of Fees and Delinquency Costs recorded September 30, 2011 as Reception No. 201118243. D) Conveyance of Roadways, Parkland and Easements recorded May 8, 2002 as Reception No. 795010 and Amended and Restated Conveyance of Roadways, Parkland and Easements recorded January 27, 2005 as Reception No. 904568. USE ADDRESS Varies to include those defined in P.U.D. Guide 0300-1000 East Beaver Creek Boulevard Varies to include those defined in P.U.D. Guide 2074 East Beaver Creek Boulevard Varies to include those defined in P.U.D. Guide 4468 East Beaver Creek Boulevard TOWN OF AVON, EAGLE COUNTY, AVON IN ERCHANGE SECTION I SECTION 6 J ` NO, 167 SECTION 12 SECTION 7 I I SECTION 7 SECTION 8 � I � � I � I � I � ------ ------ -------I-------------L------ SHEET 2 I-70 LOT 1 ,� i Cl) I0 ` = m m W 1/4 COR. SEC. 7 CEN. 1/4 COR, SEC, 7 EET 3 I —� \ o s5 E3 Q -�_ LOT 1 � � TNe BASIS F OF—BEA-RINGS EARINGS I V I I �,1Ge I HwY 6 ( ING 1 SAT qV I 0 I I ST❑NEBRIDGE DRIVE rd I SECTION 18 SEC VICINITY '1000' -/.Till ■ -MV101 ■ ■ -VAL-1 I i wIVA -VA 1:1 r..� I w r.a 41199 HIGHWAY 6 & 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 M® Klll[I1:1�1I1 CERTIFICATION OF DEDICATION AND OWNERSHIP Know all men by these presents that Traer Creek -RP LLC, A Colorado Limited Liability Company, being sole owner(s) in fee simple, subject to matters of record, of all that real property described as follows: Lot 1, Amended Plat, The Village (at Avon), Filing 1. and containing 111.22 acres, more or less, has by these presents laid out, platted and subdivided the some into Lots and Blocks as shown hereon and designate the some as Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1, Town of Avon, County of Eagle, State of Colorado and dedicate for public use the streets shown herein including avenues, drives, boulevards, lanes, courts and alleys to the Town of Avon; and the utility and drainage easements shown hereon to the Town of Avon for utility and drainage purposes only; and the easements shown hereon to the benefited parties and for the purposes indicated as set forth in Plat Note 2; and do further state that this subdivision is subject to the easements and protective covenants filed and recorded for this subdivision in the Office of the Clerk and Recorder of Eagle County, Colorado, as indicated in Plat Note 2. Executed this _____ day of_____________, A.D., 20___. OWNER: Traer Creek -RP LLC, A Colorado Limited Liability Company P.O. Box 640 Vail, CO. 81658 Traer Creek -RP LLC, A Colorado Limited Liability Company. By: Traer Creek LLC, A Colorado Limited Liability Company, It's Manager. By: -------------------------- Marcus Lindholm, Manager STATE OF __________________) )SS COUNTY OF - - - - - - - - - - - - - - - - - ) The foregoing Dedication was acknowledged before me this _____ day of __________- 20___ by Marcus Lindholm as Manager of Traer Creek LLC, A Colorado Limited Liability Company, as Manager of Traer Creek -RP LLC, A Colorado Limited Liability Company. My commission expires:____________ SUBORDINATION BY MORTGAGEE Alpine Bank, as the holder of a beneficial interest in and to portions of the property described on the Amended Final Plat under a Deed of Trust recorded February 27, 2006 as Reception No. 200604771. Modification of Deed of Trust recorded February 27, 2006 as Reception No. 200604772. Modification of Deed of Trust recorded April 1, 2010 as Reception No. 201006190. And a Deed of Trust recorded June 9, 2005 as Reception No. 918690. Bank of the West, as the holder of a beneficial interest in and to portions of the property described on the Amended Final Plat under a Deed of Trust recorded April 13, 2006 as Reception No. 200609479. First Modification Agreement to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded June 4, 2008 as Reception No. 200811766. Second Modification Agreement to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded August 20, 2008 as Reception No. 200817619. Third Modification Agreement to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded December 31, 2008 as Reception No. 200827449. Fourth Modification Agreement to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded January 28, 2009 as Reception No. 200901239. Fifth Modification Agreement to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded April 13, 2010 as Reception No. 201006844, covering Lot 1, said Deed of Trust being recorded in the office of the Clerk and Recorder of Eagle County, Colorado, hereby consents to the subdivision of the lands set forth on this Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1 and subordinates the lien represented by the aforesaid Deed of Trust to the dedications and restrictions as shown on this Amended Final Plat and protective covenants, conditions and restrictions. Alpine Bank 10 W. Beaver Creek Blvd. Avon, CO. 81620 By: ---------------------- (Title) --------------------- STATE OF COLORADO) )SS COUNTY OF EAGLE ) The foregoing Subordination by Mortgagee was acknowledged before me this _____ day of __________- 20___, by --------------------- as --------------- of Alpine Bank. My commission expires: _______- Witness my hand and official seal: Notary Public Bank of the West 1000 N. Summit Blvd. Frisco, CO. 80443 By: ------------- (Title)__________ STATE OF COLORADO) )SS COUNTY OF EAGLE ) The foregoing Subordination by Mortgagee was acknowledged before me this _____ day of __________- 20___, by as of Bank of the West. My commission expires: _______- Witness my hand and official seal: Notary Public TOWN CERTIFICATE This Plat, including vacation of any lot lines, easements and rights of way, previously dedicated and not dedicated hereon, is approved by the Town Council of the Town of Avon, County of Eagle, State of Colorado this _____ day of _____________- 20___, A.D., for filing with the Clerk and Recorder of the County of Eagle and for conveyance to the Town of the public dedications shown hereon, the same to supercede the prior Plat, subject to the provision that approval in no way obligates the Town of Avon for financing or construction of improvements on lands, streets or easements dedicated except as specifically agreed to by the Town Council and further that said approval shall in no way obligate the Town of Avon for maintenance of streets until construction of improvements thereon shall have been completed to the satisfaction of the Town Council. Approval of this plat by the Town is consent only and is not to be construed as an approval of the technical correctness of this plat or any documents relating thereto. �a►�rla��yir►-�:r_�.u>.�:a>�yx��.»ira�i•�a��►�.�s_li.��E TOWN COUNCIL OF THE TOWN OF AVON By: ---------------------- Mayor Attest: Town Clerk TITLE INSURANCE COMPANY CERTIFICATE Stewart Title Guaranty Company does hereby certify that _________________________ has examined the title to all lands shown upon this plat and that title to such lands is vested in: Traer Creek -RP LLC, A Colorado Limited Liability Compnoy, Alpine Bank and Bank of the West free and clear of all liens, encumbrances, taxes and assessments except as follows: Matters of set forth in Schedule B-2 of title commitment no. 957169 dated February 6, 2012, issued by Stewart Title Guaranty Company. Dated this _______ day of ________ Stewart Title Guaranty Company 97 Main Street, Suite W-201 Edwards, CO. 81632 By:--------------------------- as:--------------------------- CERTIFICATE OF TAXES PAID A.D., 20_____. I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of __________ upon all parcels of real estate described on this plat are paid in full. Dated this _________day of __________________A.D. 20___. Treasurer of Eagle County CLERK AND RECORDER'S CERTIFICATE This Plat was filed for record in the Office of the Clerk and Recorder at _____ o'clock _____, _______________ A.D., 20___ and is duly recorded as Reception Number ______________. Clerk and Recorder By: ------------ Deputy Exhibit F S S3• sQ, F �3 ti s3 33p, SQ 3, 20562' 25'/ LOT LINE / PE PARCEL EASEMENT /(RN 201 1 1 231 3) A=55'20'14" J R=266.90' J L=257.78' & 1 1/2 T=139.94' #9337 C LEN=247.87' & 1 1/2 BRG=S 26'14'31" E LOT 1 0300-1000 103.58 ACRES PE PARCEL 201112313) L=43'19'06" R=340.00' L=257.06' T=135.02' CLEN=250.98' BRG=N 20'13'56" W BASIS OF BEgRINGS 25\ �\ N 82.15'00" W E A=07'03'21 " R=5950.00' L=732.73' T=366.83' C LEN=732.26' BRG=S 66'47'58" E A=55'20'14" R=346.90' L=335.04' T=181.88' / C LEN=322.17' i BRG=S 26'14'31/' E N cn m ITCH APPROXIMATE LOCATION POWER LINE EASEMENT B275 P69 (SCALED ONLY, NOT DIMENSIONED ON DOCUMENT) LOT 1 0300-1000 103.58 ACRES SECOND AMENDED FINAL PLAT AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1 A RESUBDIVISION OF LOT 1 TOWN OF AVON, EAGLE COUNTY, COLORADO I ��ERST y�� Y N0 4,907, //O R' 0' w X24 N ��775,�5 W 154 06' 7.5' 29 S 68'� p, zs>> 6? 0�7 F 8�0 9Q. 5., 14 , IV S2o 668 13 4. v 9) ECL cp N v / SEE EASEMENT DETAIL 0=43'19'06" { R=260.00' L=196.57' T=103.25' CLEN=191.92' BRG=N 20'13'56" W \ X38 R/° �\ cR�NO E YtIFSTE NOTTINGHAM STATION P.U.D. IAV i rnrnin PROPERTY BOUNDARY LOT LINE OE EASEMENT L1 ADJACENT PROPERTY LINE R.O.W. LINE 70.41' APPROXIMATE LOCATION & 1 1/2 ALUM. CAP L.S. #9337 V 10' HOLY CROSS ENERGY UNDERGROUND ROW EASEMENT (RN 799222) & 1 1/2 ALUM. CAP L.S. #24318 FND #5 REBAR & 1" ALUM. CAP CDOH � FOLLOWS EXISITNG BURIED LINE & 1 1/2 80 ROAD CHAPEL SQUARE � LOT 1 © Z EASEMENT Al i UA nen . n Un, 74 o 0 RN 795001 O N0300-1000 W N 80.0' N 0=20'48'11" v 90.72' R=275.00' 103.58 ACRES LOT 2 51'28'37" / L=99.85' m S QQ T=50.48' j L10 /41 CLEN=99.30' E 80.93' Z oBRG=N 78'1017" W o W 4r) S 88'34'23" E 273.55' N 25'44'18" 2 45.47' L13 S / CHAPEL PLACE EASEMENT L14 S o W 130.50' L15 S (RN 795007) W % D=20'48'11" S 88'34'23" E 273.55' S 85'27'00" W R=325.00' L N S / L=118.00' 139.58' L18 / T=59.66' E 57.58' L19 CLEN =117.36' 04'33'00" E 11.00' BRG=N 78'10'17" W N 85'27'00" LOT 1 0300-1000 103.58 ACRES PE PARCEL 201112313) L=43'19'06" R=340.00' L=257.06' T=135.02' CLEN=250.98' BRG=N 20'13'56" W BASIS OF BEgRINGS 25\ �\ N 82.15'00" W E A=07'03'21 " R=5950.00' L=732.73' T=366.83' C LEN=732.26' BRG=S 66'47'58" E A=55'20'14" R=346.90' L=335.04' T=181.88' / C LEN=322.17' i BRG=S 26'14'31/' E N cn m ITCH APPROXIMATE LOCATION POWER LINE EASEMENT B275 P69 (SCALED ONLY, NOT DIMENSIONED ON DOCUMENT) LOT 1 0300-1000 103.58 ACRES SECOND AMENDED FINAL PLAT AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1 A RESUBDIVISION OF LOT 1 TOWN OF AVON, EAGLE COUNTY, COLORADO I ��ERST y�� Y N0 4,907, //O R' 0' w X24 N ��775,�5 W 154 06' 7.5' 29 S 68'� p, zs>> 6? 0�7 F 8�0 9Q. 5., 14 , IV S2o 668 13 4. v 9) ECL cp N v / SEE EASEMENT DETAIL 0=43'19'06" { R=260.00' L=196.57' T=103.25' CLEN=191.92' BRG=N 20'13'56" W \ X38 R/° �\ cR�NO E YtIFSTE NOTTINGHAM STATION P.U.D. IAV i rnrnin PROPERTY BOUNDARY LOT LINE OE EASEMENT L1 ADJACENT PROPERTY LINE R.O.W. LINE 70.41' FND #5 REBAR & 1 1/2 ALUM. CAP L.S. #9337 FND #5 REBAR & 1 1/2 ALUM. CAP L.S. #24318 FND #5 REBAR & 1" ALUM. CAP CDOH N SET #4 REBAR & 1 1/2 ALUM. CAP L.S. #30116 FND #5 REBAR & 1 1/2 Al i UA nen . n Un, 74 o I -/.TN ■ -MT/.l ■ ■ -WAL-1 ! i m IT/ -i'A 1:1 rm.� I w r_= 41199 HIGHWAY 6 & 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 0' 100' 200' 300' SCALE 1 " = 100' 601 L=24'02'30" -9� R=460.00' O L=193.02' T=97.95' CLEN=191.60' BRG=N 53'54'43" W 80' ROAD EASEMENT (RN 795007) 0=24'02'30" R=540.00' L=226.59' T=114.99' CLEN=224.93' \ BRG=N 53'54'43" W TRACT B LOT 2 2074 4.100 ACRES UTILITY & DRAINAGE EASEMENT CRATED BY THIS PLAT 1MD� v 40 00, <3S �� 20.00' S25' 00' 00"W 97.37 /_'S25'00'00"W 97.37' N24'04'02"E 20' ACCESS EASEMENT 97.53' GRANTED AT RECEPTION NO--------- ;>7 �1.8� 97.20' N 6S- ss, sss 4 8 20.00' w 3 N 6s. 49 68, SS s8 h W 349 68 0= 07'59' 11 " R=460.00' L=64.12' T=32.11' CLEN=64.07' BRG=N 69'55'33" W A=07'59'11 R=540.00' ®L=75.27' T=37.70' CLEN=75.21' BRG=N 69'55'33" W D=01'39'23"/ R=34427.50' L=995.33' T=497.70' C LEN=995.30' BRG=S 65' 1 6'44" E LOT V�� 16'02 288.52 cP /01 Q '0., Z Z CA Np N0 lin cp --I kp 7.5' X32 25' IRRIGATION RIGHT-OF-WAY N ,3.55 Og W 402.04. N 7 3.55 Og W 402.04, �s l L6 LOT 1 0300-1000 103.58 ACRES 0=08'01'55" R=540.00' L=75.70' T=37.91' CLEN=75.64' BRG=S 69'54'11" E L=08'01'55" R=460.00' L=64.49' T=32.30' CLEN=64.43' BRG=S 69'54'11" E 8 C �9s.2p, N 669.05 9'OS ss N 6s s Al 6Ss2,2 ,6„ 16 w W 190,x, 8 .24, Exhibit F LINE � S2, OE DISTANCE L1 7 0 67'46'11" E 70.41' L2 S 67'46'11 " 56.14' 67.54' 14.48' S 37'30'23" 95 59.26' 66.56' N AS W 109.66' EASEMENT DETAIL 75'45' 15" W 112.72' L6 N 75'45'15" W 121.48' L7 N 51'28'37" W 90.72' ' `Q' LOT 2 51'28'37" W 82.54' L9 S 25'38'00" W 82.31' L10 S 64'22'00" E 80.93' L1 1 S 03' 14' 18" W 39.48' L12 �s l L6 LOT 1 0300-1000 103.58 ACRES 0=08'01'55" R=540.00' L=75.70' T=37.91' CLEN=75.64' BRG=S 69'54'11" E L=08'01'55" R=460.00' L=64.49' T=32.30' CLEN=64.43' BRG=S 69'54'11" E 8 C �9s.2p, N 669.05 9'OS ss N 6s s Al 6Ss2,2 ,6„ 16 w W 190,x, 8 .24, Exhibit F LINE BEARING OE DISTANCE L1 S 67'46'11" E 70.41' L2 S 67'46'11 " E 67.54' L3 S 37'30'23" E 59.26' L4 N 37'30'23" W 109.66' L5 N 75'45' 15" W 112.72' L6 N 75'45'15" W 121.48' L7 N 51'28'37" W 90.72' L8 N 51'28'37" W 82.54' L9 S 25'38'00" W 82.31' L10 S 64'22'00" E 80.93' L1 1 S 03' 14' 18" W 76.52' L12 N 25'44'18" E 45.47' L13 S 64'22'00" E 152.76' L14 S 03' 14'18 11 W 130.50' L15 S 14'10'25" W 91.00' L16 S 85'27'00" W 59.98' L17 S 85'27'00" W 139.58' L18 N 85'27'00" E 57.58' L19 S 04'33'00" E 11.00' L20 N 85'27'00" E 18.83' L21 S 04'33'00" E 9.00' L22 S 17'37'57" E 98.12' L23 S 55-19'59" W 21.53' L24 N 76'06'14" W 149.93' L25 S 01'25'37" W 54.38' L26 N 33'34'44" W 35.67' L27 N 33'34'44" W 26.05' L28 N 25'00'00" E 328.62' L29 S 68' 12'27" E 280.78' L30 S 18'46'54" E 267.76' L31 S 25'00'00" W 151.01' L32 N 65'00'00" W 68.20' L33 S 70'00'00" W 169.03' L34 S 25'00'00" W 114.67' L35 N 65'00'00" W 100.00' L36 N 25'00'00" E 109.09' L37 N 20'00'21 " W 176.93' L38 N 65'00'00" W 52.75' L39 N25'00'00"E 132.09' L40 S66'02'33"E 158.54' L41 N73'53'38"W 12.09' L42N 16'06'22"E 10.00' L43 S73'53'38"E 12.03' UTI LITY LEGEND ® GAS MARKER OE ELEC VAULT -0- UTIL POLE U FIRE HYD ® SEWER MH UTIL HH EM ELEC METER © PHONE PED GUY WIRE VENT PIPE 528 X35 APPROXIMATE LOCATION HOLY CROSS ELECTRIC ASSOCIATION OVERHEAD POWER LINE EASEMENT 8276 P603 (SCALED ONLY, NOT DIMENSIONED ON DOCUMENT) <9 --'�-� s N& � i9cs. Z Z No No N6�. N N 6) N-+ N. F 6s s`3'14 e w 689 83, FgllR /V 65s3, C�cc'1 `` // ,, 68983' &Ov`F ss. ss. Ss. sem,, sem,, F 0 FT1 AM 30 N 63 O�S9, 0=07'22'09" N 63'0), w 3 R=540.00' s5 0925 L=69.45' w T= 34.77' `316 CLEN=69.40' 83 BRG=S 62'12'09" E 1832.031 PLAT.DWG JOB NO. 1862.031 DRN. BY M. POST DATE:2/15/12 PAGE: 2 OF 3 FT] Irl L N 69•0 S ss" 6 9 W ?SI.31. N 6S S N 6Ss? 76-1 790 �7, IV::786 24 N 6s.,5 . 689 �F^ � • 83. �"I F R N 65s3. CRFEk 74• w 689 83 PROPERTY BOUNDARY LOT LINE OE EASEMENT -4 ADJACENT PROPERTY LINE R.O.W. LINE ® FND #5 REBAR & 1 1/2 ALUM. CAP L.S. #9337 FND #5 REBAR & 1 1/2 ALUM. CAP L.S. #24318 FND #5 REBAR & 1" ALUM. CAP CDOH N SET #4 REBAR & 1 1/2' ALUM. CAP L.S. #30116 FND #5 REBAR & 1 1/2 ni IIAA r'AO i c JMA710 -/.TN ■ -�TI,T ■ ■ -�•i-H ! i � lT/ i'/ i w r�.� � w r.a 41199 HIGHWAY 6 & 24, EAGLE -NAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 �8 S 80'28'35„ E 40 2.78 , APPROXIMATE LOCATION HOLY CROSS ELECTRIC ASSOCIATION OVERHEAD POWER LINE EASEMENT B276 P603 (SCALED ONLY, NOT DIMENSIONED ON DOCUMENT) s� N 63. Off. L=07'22'09" N 630) 3 R=540.00' sj • 09?S, L=69.45' w T=34.77' `376 CLEN=69.40' '83' BRG=S 62'12'09" E 0=07'22'09" PE PARCEL R=460.00' 201 1 1 231 3) L=59.16' T=29.62' \ CLEN=59.12' BRG=S 62'12'09" E LOT 1 0300-1000 103.58 ACRES 25' IRRIGATION DITCH N >3.15 43 RIGHT-OF-WAY N �3 15'43., W 124.88, 128.28' N 78.4 N 3837 N S 837 °S•• kk 77 47) 77. 0=07'31'28" R=460.00' L=60.41' T=30.25' CLEN=60.37' BRG=N 62'16'49" W I �TFRST � TE yl cy�� Y /V0 o Raw S E 1202 34 , BASIS OF BEARINGS N 82-15'00" 21500 W 1 05" W N>8'41 'OS" 383.3,3' W 388.73' AB �� A=0731'28" 80' ROAD R=540.00' EASEMENT q \\ T=30.51' (RN 795007) o IV CLEN=70.87' �) O RSO BRG=N 62'16'49" W cR�NO �FST� 71�2??6 64 0' 100' 200' 300' SCALE 1 " = 100' APPROXIMATE CENTERLINE LOCATION 15' HOLY CROSS ENERGY ABOVE GROUND ROW EASEMENT (RN 799222) (FOLLOWS EXISTING OVERHEAD LINE) 260.08' S 82' 11' 42" W 42" W 262.64' S 82' 11' N 66.0 .33•. IV 6S 0 77, N 66.0 �ST 33 llF'9 6s° 77 FR cR FEk POINT OF TERMINUS 25' WIDE UTILITY EASEMENT CREATED BY THIS PLAT LOT 1 0300-1000 103.58 ACRES S 89'44'00" W 400.50' S 89' 44' 00" W 404.41' Exhibit F SECOND AMENDED FINAL PLAT AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1 A RESUBDIVISION OF LOT 1 TOWN OF AVON, EAGLE COUNTY, COLORADO APPROXIMATE LOCATION HOLY CROSS ELECTRIC ASSOCIATION OVERHEAD POWER LINE EASEMENT B276 P603 (SCALED ONLY, NOT DIMENSIONED ON DOCUMENT) WATER VALVE 25' IRRIGATION RIGHT-OF-WAY UTILITY & ACCESS EASEMENT (RN 911471) L43 L42® ELEC TRAIN APPRX. CENTERLINE LOCATION 10' HOLY CROSS ENERGY UNDERGROUND ROW EASEMENT (RN 804448) o UTILITY Q/'44o CONDUIT v^ C5 L17 81.99' __ C3 L18 J UTILITY & DRAINAGE EA CREATED BY THIS PLAT CEL (RNP 201 1 1 231 3) & 25' WIDE UTILITY EASEMENT CREATED BY THIS PLAT POINT OF TERMINUS PE PARCEL (RN 201112313) (:9 C4 C1p C11 470 � ELEC \ \ v TRANS -_B LD �I N 85' 27' 00" E L16 FCs 115.1L2' 1 C' AoPrRX. CENTERLINE LOCATION L20 HOLY CROSS ENERGY UNDERGROUND ROW EASEMENT (RN 799223) _r UTILITY EASEMENT -CREATED BY THIS PLAT \\\~ 47 LOT 3 \ 4468 3.536 ACRES v 83 \ N 642 0' 72 h 372?8. 25' 25' WIDE UTILITY EASEMI CREATED BY THIS PLAT S 51'24'09" E •103.27' 9bc \l 6� b, �; S o be 6� bl `' UTILITY T MATCH -65 r N 0 N 0-0 08 �� e 302.33, \N6' G�8 UTILITY LEGEND S 88'52'47" E \139.66' 00 00 O� TRACT F O C19 C20 LINE GAS MARKER OE ELEC VAULT -4 UTIL POLE 'c� FIRE HYD ® SEWER MH 0 UTIL HH E V ELEC METER © PHONE PED 37'30'23" GUY WIRE 59.26' VENT PIPE S 88'52'47" E \139.66' 00 00 O� TRACT F O C19 C20 LINE BEARING RADIUS DISTANCE L1 S 67'46'11" E 70.41' L2 S 67'46'11 " E 67.54' L3 S 37'30'23" E 59.26' L4 N 37'30'23" W 109.66' L5 N 75'45' 15" W 112.72' L6 N 75'45'15" W 121.48' L7 N 51'28'37" W 90.72' L8 N 51'28'37" W 82.54' L9 S 25'38'00" W 82.31' L10 S 64'22'00" E 80.93' L11 S 03'14'18" W 76.52' L12 N 25'44'18" E 45.47' L13 S 64'22'00" E 152.76' L14 S 03' 14'18 " W 130.50' L15 S 14'10025" W 91.00' L16 S 85'27'00" W 59.98' L17 S 85'27'00" W 139.58' L18 N 85'27'00" E 57.58' L19 S 0433'00" E 11.00' L20 N 85'27'00" E 18.83' L21 S 04'33'00" E 9.00' L22 S 17'37'57" E 98.12' L23 S 55'19'59" W 21.53' L24 N 76'06' 14" W 149.93' L25 S 01'25'37" W 54.38' L26 N 33'34'44" W 35.67' L27 N 33'34'44" W 26.05' L28 N 25'00'00" E 328.62' L29 S 68'12'27" E 280.78' L30 S 18'46'54" E 267.76' L31 S 25'00'00" W 151.01' L32 N 65'00'00" W 68.20' L33 S 70'00'00" W 169.03' L34 S 25'00'00" W 114.67' L35 N 65'00'00" W 100.00' L36 N 25'00'00" E 109.09' L37 N 20'00'21" W 176.93' L38 N 65'00'00" W 52.75' L39 N25'00'00"E C23 132.09' L40 S66'02'33"E 38.29' 158.54' L41 N73'53'38"W C24 12.09' L42 N16'06'22"E 5.00' 10.00' L43 S73'53'38"E C25 12.03' CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C3 28'30'27" 460.00' 228.87' 116.86' 226.52' S 80'17'46" E C4 28'30'27" 540.00' 268.68' 137.18' 265.91' S 80'17'46" E C5 18'43'25" 449.00' 146.73' 74.02' 146.08' S 85'11'17" E C6 39'45'08" 95.33' 66.14' 34.46' 64.82' N 65'34'26" E C7 32'39'56" 110.00' 62.71' 32.23' 61.87' S 78'13'02" E C8 11'12'01" 540.00' 105.56' 52.95' 105.39' S 88'57'00" E C9 09'47'02" 540.00' 92.21' 46.22' 92.10' S 70'56'04" E C 10 02'43'22" 540.00' 25.66' 12.83' 25.66' S 77' 11'116" E C11 04'48'03" 540.00' 45.25' 22.64' 45.23' S 80'56'58" E C12 30'04'50" 390.49' 205.01' 104.93' 202.66' S 02'35'35" E C13 44'15'07" 110.00' 84.96' 44.72' 82.86' S 39'45'30" E C14 9435'20" 95.00' 156.83' 102.93' 139.62' S 01'35'48" E C15 38'43' 18" 95.33' 64.42' 33.50' 63.20' N 26'20' 13" E C16 48'21'25" 528.47' 446.02' 237.26' 432.90' N 31'09'17" E C17 28'44'50" 262.00' 131.45' 67.14' 130.08' N 40'57'34" E C18 88'52' 15" 95.00' 147.35' 93.15' 133.02' N 71'01'17" E C19 25'25'33" 262.00' 116.27' 59.11' 115.31' S 77'15'23" E C20 02'04'55" 1302.51' 47.33' 23.67' 47.33' S 88'55'42" E C21 22'15'20" 262.00' 101.77' 51.53' 101.13' N 44'12'20" E C22 05'57'57" 262.00' 27.28' 13.65' 27.26' N 30'05'45" E C23 08' 17'15 " 528.47' 76.44' 38.29' 1 76.37' N 1 1*07'11 "E C24 01'05'03" 528.47' 10.00' 5.00' 1 10.00' N 15'48'20"E C25 38'59'07" 528.47' 359.58' 187.06' 352.68' N35'50'25"E Exhibit G The Village (at Avon) PUD Development Plan Municipal case: Approval of this plan costhutes a vested Property Tight, pursuant to Article 68 of Titic 24. C. R. S, as amended, s. D,i19y,n�I sa indicates a 2uilding Envelopo Lacanian, 6Unleas morn Dualling Units are approved by wl%tquercr amendmoat to this I7evelopmanl plan, the total amatbar of residential Dwellera Units widnin P["ng Area R1v1F-1 will aunt exceed 154.73 LAND USE Residentiala AMU J,OF4lTP MAXALLOWED QWATTY.DU'ACRE MAX.AUOY&D ResidentialAA=r 33,0 np slTe a n>3�ISIrv. nulADrz>: �0 Residential lSingle Family 516.4 51.2% 1 primeryll secondary Lm 1 96 PROJECT TOTAL � IM Skating) Events Center residenua pat Icl RMF -1 ResidefidallMuld-Family 31,5 1.13% 6 du/acro RMF -2 Residential l Multi -Family 43,6 2.4% 12 dulacre RMF -3 Residoutial I Multi -Family 163 09% 6 du/ocro Subtotal 1097,8 56.3% 0.5% Parks and Open Space - Schaal 7.3 - Area N • Community Park 29.0 1,6% Neighborhuud Center -Open Space 499,9 2194'9 No. 1 PUD Development Plan AdndalatrativeAmendment No. t to The Village (at Avon) P.U.D. Development Plan/ Oel 4uaeaR OS11 5,7 0,3% 15 du/acre Sketch Plan dated October 9,1998 ns shown an document recorded July 31, 2001 as Reception No, 763439 -Parkland C -I dvaughPS 15,7 99% 8.4 4enhtntal 546 30.4% Regional Commercial Residentiala AMU J,OF4lTP MAXALLOWED QWATTY.DU'ACRE 0.21/a 15 dulacre I -.._M Village Center 33,0 1,8% 25 dulncre Subtotal 66.0 17% l]<f04 B cultural I Recreational 2.4 0.1% 10 dulacre PROJECT TOTAL � IM Skating) Events Center 1.7 011% 4 du/nere Are®l7 VillageResidantial 13.2 0,7% 18 du/ace Area El VillageResidatfial 5.5 0.3% 18 dulacre Arta F VillageRasidm6s] 95 0.5% 1.8 dulaarc - Schaal 7.3 0.4% ADMINISTRATIVE AMENDMENTS: Neighborhuud Center 3.2 012°x6 L5 du/acre No. 1 PUD Development Plan AdndalatrativeAmendment No. t to The Village (at Avon) P.U.D. Development Plan/ Neighborhood Center 5,7 0,3% 15 du/acre Sketch Plan dated October 9,1998 ns shown an document recorded July 31, 2001 as Reception No, 763439 No. 2 PUD Guide Administrative Amendment No. 2 to recorded January 19.20162 as Reception No. 786254 ® Rogional Cernmercial 8.4 O.S% 15 dulacra No. 3 PUD Unide Administrative Amendenoat No. 3 to recordcd May 15, 2002 as Reception No. 795806 Regional Commercial 2919 1,7% IS dliuro No. 4 FGD Guide Administrative Amendment No. 4 to recorded May 15, 2002 as Reception No. 795805 R.Ditd WOM Ares L Regional Ccmmeroiol 4,0 0.21/a 15 dulacre Road R, 0 W. 66.0 3.7% AIN M Regional Commercial 47.7 2.7% 15 du/acre Subtotal 66.0 17% Subtotal 171.5 9.6% PROJECT TOTAL 1789.9 IDD% 7A00 maximum' P.U.D. DEVELOPMENT PLANS: No. I Tho VBfage (at Avon) PUD Development Plan, Town of Avon Ordinance No. 98-14. Recorded November 25,1999 as Reception No, 677740 TOWN CERTIFICATE (PUD MAP AMENDMENT) THIS PUD MAP AMENDMENT 15 APPROVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, 'STATE OF COLORADO THIS 23RD DAY OF JANUARY 2007, SUBJECT TO THE FINDINGS AND CONDITIONS OF ORDINANCE NO. 06-17. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON BY: MAYOR f f TNCt � P ra y; Prapared tor: EMDLIMITF:nLI MnyCONTANY E7 - " ;k andTRAERMEKLLc �J I'rolxuedlny: VAG, Irrc AisctarrEcrs aroarn UA�g ,,roc. 47x,949,704