TC Ord. No. 1998-16 Approving the PUD and development standards for the Village At AvonTOWN OF AVON
ORDINANCE NO. 98 -16
SERIES OF 1998
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT PLAN
AND DEVELOPMENT STANDARDS FOR THE VILLAGE AT AVON (THE "PUD
PLAN"), WHICH ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED''
TO THE TOWN OF AVON, EAGLE COUNTY, COLORADO (THE "TOWN ")
THROUGH TOWN OF AVON ORDINANCES NUMBERS 98 -14 AND 98 -15
(COLLECTIVELY, THE "PROPERTY "), AND APPROVING A SITE SPECIFIC
DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT
PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S:, TOWN OF AVON, EAGLE i
COUNTY, COLORADO
WHEREAS, EMD Limited Liability Company, PVRT NOTT I LLC, PVRT
NOTT H LLC, PVRT NOTT III LLC (collectively the "Owner ") has filed an application
for PUD zoning including approval of a Planned Unit Development Plan in conjunction
with annexation of said Property into the Town limits; and
WHEREAS, the PUD plan includes those items listed on Exhibit "A" attached
i
hereto and by this reference incorporated herein; and
'WHEREAS, the Town has annexed the property pursuant to the provisions of the ,
Town of Avon Ordinance Numbers 98 -14 and 98 -15 (the "Annexation Ordinances "); and
WHEREAS, the Town has annexed the Property in accordance with the terms
and conditions set forth in the Annexation and Development Agreement ("The,
Agreement ") between the Town and the Owner, approved by the Town Council, Town of
Avon (the "Town Council ") pursuant to Ordinance 98 -17; and
WHEREAS, the Town has agreed to establish zoning'for the Property in
accordance with the Terms of the PUD Plan and the Agreement; and
WHEREAS, the proper posting, publication and public notices for the hearings
before the Planning & Zoning Commission of the Town of Avon were provided as
required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a
public hearing, at which time the applicant and the public were given an opportunity to
express their opinions and present certain information and, reports regarding the proposed
amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded reports and recommendations on the proposed PUD Development Plan and
Development Standards to the Town Council of the Town of Avon; and
JACOUNCIUORDINAN01998 \98 -16 VAA PUDW.doc
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WHEREAS, after notices provided by law, this Council held a public hearing on
the 13th day of October, 1998, at which time the public was given an opportunity to
express their opinions regarding the proposed amendment; and
WHEREAS, the Town Council has agreed to designate the Agreement, the PUD
Plan and the Subdivision Sketch Plan for the Village at Avon (the "Sketch Plan") as the
site specific development plan for the Property in accordance with the terms and
conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S.; and
WHEREAS, it is the intent of the Town Council that its approval of the
Agreement, the PUD Plan and the Sketch Plan together shall constitute approval of a site
specific development plan establishing a vested property right in accordance with the
terms and conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S.; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as
follows:
1. That the hearings before the Planning & Zoning Commission and the Town
Council were both extensive and complete and that all.pertinent facts, matters and
issues were submitted at those hearings.
2. The amended PUD Development Plan and Development Standards are consistent
with the Town's Comprehensive Plan.
3. Adequate facilities are available to serve development for the project's type and
scope.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that:
1. The approval of the PUD Plan, together with approval of the Sketch Plan pursuant
to Town of Avon Resolution Number 98 -68 and approval of the Agreement
pursuant to Town of Avon Ordinance Number 98 -17, is hereby designated as the
site specific development plan for the Property.
2. PUD Plan is herebyapproved.
3. The Property will hereafter be zoned in accordance with the terms and conditions
of the PUD Plan and the Agreement.
4. The Agreement, the PUD Plan and the Sketch Plan hereby constitute approval of
a site specific development plan for the Property establishing a vested property
right in accordance with the terms and conditions of the Agreement and pursuant
to Article 68 of Title 24, C.R.S.
5. Within fourteen (14) days after passage on Second Reading of this Ordinance, the
Town Clerk is-hereby authorized and directed to:
A. Publish the full text of this Ordinance in a newspaper of general circulation within
the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both);'and
JACOUNCIUORDINAN01998 \98 -16 VAA P=nd.doc
B. Concurrent with the publication required in Section 5A. above, publish a notice
advising the general public that approval of the Agreement, approval'of the PUD
Plan and approval of the Sketch Plan together constitute approval of a site specific
development plan establishing a vested property right in accordance with the
terms and conditions of the Agreement and pursuant to Article 68 of Title 24,
C.R.S.
6. The effective date of this Ordinance shall be seven (7) days after publication
of the notice described in Section 5A. above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 22nd day of September, 1998, and a public hearing shall be held at the
regular meeting of the Town Council of the Town- of Avon, Colorado on the 13thday of
October, 1998, at -5:30 PM in the Municipal Building of the Town of Avon, Colorado.
SSS ZF A � Town of Avon, Colorado
`� ••� ~ Town Council
J
tsll, l own (:lerk
haws
Judy Yoder, Mayor Prbtem
JACOUNCIUORDINAN01998 \98 -16 VAA PUWnd.doc
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED published as required in accordance with Section 24 -68 -103 C.R.S., which
publication shall occur no later than 14 days following the approval date.
Town of Avon, Colorado
<� Town Council
14 1 Ar.Z77
`
_. �, �' •` Judy Yoder., Mayor Protem
ATTF)T-
1
Town Clerk
APPROVED AS TO FORM:
To Attorney
JACOUNCIL\ORDINAN01998 \98 -16 VAA PUWnd.doc
i
EXHIBIT A TO TOWN OF AVON ORDINANCE 98 -16
The " PUD Plan" as that term is used in the attached Ordinance, shall refer to each of the
following documents collectively:
1. Planned Unit Development Guide for the Village at Avon and all exhibits and
appendices thereto.
2. The PUD Development Plan/Sketch Plan for the Village at Avon,
JACOUNCIL \0RDINAN01998 \98 -16 VAA PUMnd.doc
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EXHIBIT A
The Village .
(at Avon)
PUD Guide
October 13, 1998,
356801 14 MLAYER
TABLE OF CONTENTS
Page
A. PURPOSE/GENERAL PROVISIONS .................. ...............................
1.
Purpose .... .......................................................................... ...............................
1
2.
Vested Property Rights ........................................................... ...............................
1
3.
General Provisions .................................................................. .......................... ......
2
4.
Applicability of Other Regulations ......................................... ...............................
3
5.
Conflict ................................................................................... ...............................
4
B. DEFINITIONS ..................................................................................... ..............................4
C. ASSIGNED LAND USE DESIGNATIONS ...................................... ........:.......... ...........12
D. TOTAL PERMITTED DENSITY ...................................................... .............................13
E. DWELLING UNIT AND COMMERCIAL SPACE REPORT ......... .............................14
F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD
AREAS
FOLLOWS ........................................................................... .............................14
1.
Planning Area A - Village Center .......................................... .......................:.....14
2:.
Planning Area B - Cultural / Recreational ................................. .............................16
3.
Planning Area C - Ice Skating/Events Center.... ...................... .............................17
4.
Planning Areas D, E, F - Village Residential ......................... .............................19
5..
Planning Area G - School ..................................................... ...............................
21
6.
Planning' Areas H, I - Neighborhood Center ......................... ............................. .1.
22
7.
Planning Areas J, K, L, M — Regional Commercial ............. ........... ............ ..........
24
8.
Planning Area RMF - 1 - Residential Multi- Family ............. ...............................
26
9.
Residential'Multi- Family — RMF 2 and RMF 3 ................... ...................... ..........
27
10.
Residential Single - Family Lot I and Lots 6- 96 .............................. . ................
28
11.
Planning Areas N - Community Park and P1 -P6 — Parkland ...............................
30
12.
Natural Open Space — OS 1— OS 10 ............. ........................... .....................:....:....
31
756801.14 h"YEx i
TABLE OF CONTENTS
(continued)
Page
G. SPECIAL REVIEW USE ................................................................. ............................... 32
1.
Special Review Use Permit ............................................................... ................ :..:
32
2.
Application Filing and Processing .......................................: ...........:...................
32
3.
Submittal Requirements for Special Review Use ................. ...............................
33
4.
Criteria for Review, Recommendation, and Approval of Special Review
43
7.
Uses........................................................................................ ...............................
34
5.
Amendments to Special Review Use Permit ................. ............................... ..
34
H. AMENDMENT PROCEDURES ...................................................... ...............................
34
1.
General .................................................................................... .............................34
Park, Recreation and Trail Access ..............................:......... ...............................
2.
Formal Amendments ..........................
35
45
............................... ...............................
Provision of Certain Amenities ........................................... ...............................
3.
Administrative Amendments ................................................ ...............................
35 -
I. SUPPLEMENTAL
REGULATIONS .............................................. ................:..............
39
1.
Fireplace Regulations ............................................................ ...............................
39
2. Signs ........................................................................................ .................... ..........4u
3.
Parking Requirements ........................................................ ...............................
40
4.
Surface Parking Landscaping Requirements ........................ ...............................
40
5.
Design and Improvement Standards ..................................... ...............................
41
6.
Wildlife Mitigation Plan ....................................................... ...............................
43
7.
.................. ...............................
Design Review Guide ...................... ........:..:.:.:...
43
S.
Stream Setback Provisions .................................................... ...............................
44
9.
Residential Fire Suppression Systems ............... - ............... ...........................6...
45
10.
Park, Recreation and Trail Access ..............................:......... ...............................
45
11.
Affordable Housing Plan ...................................................... ...............................
45
12.
Provision of Certain Amenities ........................................... ...............................
47
EXHIBITA Legal Description ...................................................................... ............................A -1
EXHIBITB PUD Master Plan .................................................................... ............................... B -1
35MI 14 MLAYER 1i
TABLE OF CONTENTS
'(continued)
Page
EXHIBIT C The Village (at,Avon) Parking Regulations .......................................... I............... C -,l
EXHIBIT D Wildlife Mitigation Plan ....................................:................... ............................... D -I
EXHIBIT E Minimum Design Review Guide Provisions ............. ...... .......... ............................ E -1
75MI14 MLAYER iii
The Village
(at Avon)
PUD Guide
October 13, 1998
A. PURPOSE/GENERAL PROVISIONS
1. RMose.
This PUD Guide sets forth land uses and development in an area of the Town of
Avon, County of Eagle, State of Colorado; regulates the use of land, bulk,
maximum height; provides regulations for uses permitted - therein and accessory_
buildings and uses;. and provides additional supplementary regulations.
The Village (at' Avon) is a large parcel of land under single development control
and is suitable for creation of a Planned Unit Development- (PUD).
2. - -- -- Vested Property Rights.
The Development Plan, together with the Annexation and, Development
— - -- Agreement - and - -the - approved subdivision Sketch Plan and any
subsequently approved Preliminary Plans and Final Plats_, ' together with
any amendments to any of the foregoing, constitutes an approved "site-
specific- development plan" as defined in the Vested Property Rights
Statute,: Sections 24 -68 -101 et §m. of the Colorado Revised Statutes and
Section 17.14.100 of the Avon Municipal Code. Without limiting the
generality of the foregoing, the owners of the.property within The Village
(at Avon) PUD shall have vested property rights to undertake and
- -- - - -
-complete development and use of the Property as provided in the . -
Development Plan, and as set forth "in Article 3 of the Annexation and
Development Agreement. The property rights so established shall.be and
remain vested for the-term set forth in Section 1.3 of the Annexation and
Development Agreement. - Pursuant to Section 17.14.0%, of the Avon
Municipal Code:
Approval of this plan constitutes a vested property right"pursuant to
Article 68 of Title '24, C.R.S., as amended.
756801 14 MLAYBR
3. General Provisions.
(a) Control Over Use. Location and Bulk.
After the effective date of approval of this PUD Guide. 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 Guide or the
Covenants:
(i) Any new uil ng or other structure; and -any parceY of land, may
be used; and
(ii), The use of any existing building, other structure or parcel of land
may be changed or extended; and
(iii) The Design Review Board shall, in conformance with the
Development Plan, establish the final location and bulk of all
future buildings and structures; and
(iv) Any existing building, or other structure may; be enlarged,
reconstructed, structurally altered, converted or relocated for any
purpose permitted or required by the provisions of this PUD Guide,
that are applicable to the area in' which such building; other
structure or parcel of land is located, an d for no other purposes.
(b) Incorporation of PUD Master Plan.
The PUD Master Plan is hereby incorporated by reference into this
Development Guide, together with everything shown thereon and all
amendments thereto. Collectively, this PUD .Guide and the PUD Master
Plan are referred to herein as the "Development Plan."
(c) Design Review Guide.
The Owner will prepare a Design Review Guide intended to supplement
and complement this PUD Guide. Where any conflict may occur between
the Design Review Guide and the, Development Plan, the most restrictive
provision shall govern.
(d) Covenants.
The Owner shall record one or more Declaration of Covenants, Conditions
and Restrictions ( "Covenants ") which shall govem matters related to use
and development of all or any part of the Property. Where any conflict
between the Covenants and the Development Plan may occur, the most
restrictive provision shall govern.
356801.14 MLAYER 2
(e) Planning Area Boundaries Road Alignments. Lot Lines, Building
Envelol2es.
Wherever a Planning Area abuts a street as shown in the PUD Master
Plan. the boundary is the abutting right -of -way line of 'such street.
Wherever a Planning Area does not so abut a street, the boundary shall be
as shown in the PUD Master Plan. The Owner may increase or decrease
the size of any Planning Area, pursuant to the administrative amendment
procedures -set_ forth in S_ ection H.3 below, to conform the Development
Plan to any Preliminary Plan or Final Plat. In addition, the Owner may
relocate or otherwise modify road ,alignments, lot lines, Planning Area
Boundaries and Building Envelopes due to site planning 'or engineering
considerations. To the extent that such modifications require conforming
amendments to this PUD Guide, such amendments shall be processed
administratively, pursuant to Section H.3 below.
(f) Issuance of Building; Permits.
Provided an application for issuance of a Building Permit complies with
the Building Code for the Town of Avon and the Development Plan, the
applicant shall be entitled to receive such Building Permit for any
construction, improvements or alterations at The Village (at Avon) 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 an officer of the Design Review Board shall be
affixed to the plans and specifications made a part of each building permit
application. The Building Department shall not accept for processing or
- approve any application for a Building Permit or Certificate of Occupancy
unless such certificate of Design Review Board approval. is affixed thereto
- - - as required by this subparagraph (f). __ - -_ -- -- _- -- -- - _ _ --
4. Annlicability of Other Regulations.
Except as otherwise provided in the Annexation and Development Agreement or
the Development Plan, the establishment of vested', property rights under the
- - - - -- Annexation- and Development Agreement or the Development' Plan shall not
prec Iu- e e ' app- lic`ation on a uniform and-- non--discriminatory--basis - -of Town-
regulations of general applicability (including, but not limited to, building, fire,
- - plumbing, elecmc—al 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 exist on the date of the Annexation and Development Agreement
- -- - - -- - or -- may -be enacted or amended after -the -date _of_the- Annexation_ and- Development
Town Agreement, provided that such newly enacted or amended Tow regulations shall
not directly or indirectly have the effect of materially. and adversely altering,
- impairing,_ preventing,_ - diminishing; imposing -a -- moratorium- on _ development,
75aem 14 MLAYM 3
delaying or otherwise adversely affecting any of Owner's rights set forth in the
Annexation and Development Agreement or the Development Plan. Owner does
not waive its right to oppose the enactment;.or amendment of any such regulations.
5. 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 - inconsistent with - any - provision of the Development Plan
or the Annexation and Development Agreement, control the development of The
Village (at Avon). Additionally, application of such Municipal Code provision
shall not directly or indirectly have the effect of materially and adversely altering,
impairing, preventing, diminishing, imposing a moratorium on development,
delaying, or otherwise adversely affecting any of Owner's vested property, rights
set forth in the Development Plan or the Annexation. and Development
Agreement. Provisions of the Design Review Guide which are more restrictive
than either the Development Plan or the Municipal Code shall prevail in any
instance where there is a conflict.
B. DEFINITIONS - - -- - - — - -- --
For the purpose of this PUD Guide, certain words and phrases shall be defined as set
forth in this Section B. 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 word
"shall ". is mandatory; and the word "may" is permissive.
Access. - _
The place, means or way by which pedestrians and vehicles shall ' Have adequate
and usable ingress and egress to property, use or parking space.
2. Accessory Building, or r Use.
-A subordinate_building or.use which is located on the same lot on which the main
building or use is situated and which is reasonably necessary and incidental to the
conduct of the primary use of such building or main use.
3. Accommodation Unit.
- — Any - room— orgroupFof rooms - without -a- kitchen-used-primarily as a bedroom for
transient lodging, and accessible from common corridors, walks, or balconies
without passing through another Accommodation Unit or Dwelling Unit:
35MI.14 MLAYM 4
4. Affordable Housing Plan.
The sole affordable housing requirements for The Village (at Avon) PUD, as set
forth in Section I.11 below.- -
5. Annexation and Development Agreement.
The Annexation and Development Agreement concerning the Property and made
by the Town of Avon and E M D__ Limited Liability Company, PVRT NOTT I LLC,
PVRT- NOTT-II-LLC- and - P--V-RT- N0- TT_HULC___
6. Bed and Breakfast.
An owner- occupied Dwelling Unit that contains no more than three guest rooms
where lodging, with or without meals, is provided for compensation.
7. Building Envelope.
A building envelope specifies the boundaries within which improvements may be
constructed on a particular property. The building envelopes depicted on the PUD
Master. Plan designate the locations and area of the building envelopes within
Lots 6' through 96, which lots and building envelopes are vested pursuant to the
ternzsan conditions�-conditions A3: -of this PUD- Guide-as follows: --- -
(i) Lots 6-55. Building Envelopes for Lots 6 -55 are indicated on the
PUD Master Plan, as a circle of 100 feet in diameter. On a Lot by
- Lot basis, the -Design Review Board may expand a Building
Envelope by up to 20 feet in any one direction.
(ii) Lots 56 -96. Building Envelopes for Lots 56 -96 are indicated on
the PUD Master Plan as a circle of 200 feet in diameter. On a Lot
by Lot basis, the Design Review Board may expand a Building
Envelope by up to 20 feet in any one direction.
Location. - - -- -
(i) _ Lots 6 -55. On a Lot by Lot basis, the Design Review Board may
- -- - -- - - -relocate the- center - point -of a Building Envelope by up to 1, 00 feet
in any direction. - -
_ _(ii)_ . Lots 56 -96. On a Lot by Lot basis, the Design Review board may
relocate the center point-of a Building Envelope by tip to 200 feet
- - -in any- direction.----
3SU01 14 M"M 5.
(c) Building Footpri nt.
A minimum of 70% of the footprint of any structure constructed on Lots 6
through 96 must be located within the Building Envelope.
The Design Review Board shall not expand the area of or relocate any Building
Envelope 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.
8. -. - -- Building- Heig_hL_Maximum-
The distance measured vertically from the existing grade or finished grade
(whichever is more restrictive) at any given point to the top of a flat roof or
_mansard roof -orso the highest ridgeline_ of the sloping roof.
9. Building Setback.
The distance from a lot or site line, creek or stream measured horizontally to a line
or location within the lot or site which establishes the permitted location of uses,
structures, or buildings on the site.
10. Commercial Space.
"- -- -- -- - Conimerci;il space - is any aiea which may -be usecrrented-orleased for-the- purpose
of generating retail business or consumer services.
-- - - -- (a) Except as specifically provided- below, Commercial Space includes, but is
- - not limited to:
- W
(iv)
(v)
(vi)
(vii)
---- - - - - -- - (viii)
(ix)
(xi)
(xii)
(xiv)
(xv)
(xvi)
Business and professional offices;
Retail specialty and gift shops;
Restaurants;
Banks;
Barber and beauty shops;
Laundromat/dry cleaning;
_ Shoe repair,
Automobile repair and services;
Tavern;
Cinema;
Clothing stores;
Department stores;
—=Beverage-stores; -- _- - --
Furniture stores;
Hardware stores;
Food stores;
35Mi 14 M"YER 6
(xvii) Real estate sales offices;
(xviii) Uses which the Director of Community Development determines
to be similar.
(b) The following uses will not be considered Commercial Space:
(i) All residential and lodging facilities (except for areas used
specifically as_ enumerated under Subparagraph 1 above) including,
but not limited to:
(1) employee housing;
(2) condominiums;
(3) hotels;
(4) lodges;
(5) duplex residences;
(6) primary/secondary residences;
(7) single family residences; and
(8) townhouse residences
(c) For purposes of calculating,-the, total amount (in square feet). of commercial
area permitted pursuant to the PUD Guide, Commercial Space shall be
measured as -the total floor area, including exterior building walls, _that is
available for leasing to a tenant, with the following 'additional
qualifications: - - - - -- - - - =- —
(i) The following types of facilities operated for public activities shall
not constitute Commercial Space: (1) schools, and (2) except to
the extent such facilities exceed an aggregate of 200,000 square
feet, unless the Town has consented to construction of such excess
square footage, churches, skating arenas, cultural and community
centers and facilities, and recreational centers and facilities.
(ii) In office and retail buildings, hallways, lobby and reception areas,
stairwells, elevator areas, landings and entranceways, mechanical
areas, public restrooms, permanently designated corridors, public
lobbies, and common mall areas shall not constitute Commercial
Space for purposes of calculating the total amount (in square feet)
of commercial area permitted pursuant to the PUD Guide unless
- actually-- leased -to -an- individual- tenant.- -- - -- — — -
(iii) In hotels, inns and motels, hallways, lobby and reception areas,
stairwells, elevator areas, public restrooms, permanently
designated corridors, landings, entranceways, meeting andlianquet
rooms and facilities, -sundries shops, breakfast shops and other
shops intended to cater primarily to hotel guests shall not constitute
Commercial Space for purposes of calculating the total amount (in
356801 14 M"YER 7
square feet) of commercial area permitted pursuant to the PUD
Guide, but retail areas intended to cater primarily to non -hotel
guests and full- service restaurants shall constitute Commercial
-- -Space-for such purposes;- — - -
(iv) In any building, parking areas and structures shall not constitute
Commercial Space for purposes of calculating the total amount (in
_____.square- feet) of-commercial area permitted pursuant to the PUD
Guide.
A condominium is defined as any group of rooms created as a fee simple estate -in
defined air space within a multi -unit property. For purposes of Dwelling Unit
- - --
definition ; -only- condominiums which' are considered residential condominium
units shall be counted as Dwelling Units. The residential condominium will not
have more than one kitchen and all rooms will be interconnected through doors or
foyers.
12. - Covenants.
One or more Declaration of Covenants, Conditions and Restrictions which the
Owner shall establish with respect to all or any part of the Property.
13.� Design Review Guide.
Design guidelines prepared by the Owner establishing architectural design,
landscape design,--urban- - design and- -site- design- standards= for -The Village (at
Avon).
14: Design Review -Board.
The Village (at Avon) Design Review Board as appointed or elected in
accordance with the Covenants.
15. Development Plan.
- - The,PUD for -the Property, consisting-of this PUD Guide, 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
seg_, C.R.S., and Section 17.20.110 of the Municipal Code.
16. Development Standards. —., -_ -
The planning - requirements governing the development of the Property as set forth
in Section F of this PUD Guide.
756601 W MLAAR
17. Director of Community Development. .
The Director of Community Development for the Town of Avon.
18. Duplex Structure.
A duplex is considered to be one multi - family project consisting of two residences
within an architecturally integrated structure. 'If the property is resubdivided each
of the units can be owned separately as fee simple estates and ownership can then
be conveyed or transferred independently. For purposes of Dwelling Unit
definition, -each residence counts as a Dwelling Unit, thereby counting as two
Dwelling Units per structure.
19. Dwelling Units.
One or more rooms occupied by one family or- group -of people living
independently from any other family or group of people and having not more than
one indoor cooking facility, or an aggregation of Hotel, Motel and Lodge or
Extended Stay Hotel rooms as provided below:
A Hotel, Motel or Lodge room is a room within a Hotel, Motel and
Lodge or Extended Stay Hotel used primarily as a bedroom for
transient lodging. A Hotel, Motel or Lodge room may include a
bathroom, closet and balcony. Three Hotel, Motel or Lodge rooms
will be counted as one Dwelling Unit as long as (i) the 'average
square footage of all rooms in any hotel complex does not exceed
more than 600 square feet of interior space, and (ii) no more than
one indoor cooking facility is included within the'three hotel or
lodge rooms being counted as one Dwelling Unit. In the
computation of total Dwelling Units fora given Hotel, Motel or
Lodge project, any fractional value shall be rounded to the next
highest- integer. Three Extended Stay Hotel rooms will be counted
as one Dwelling Unit, in accordance with the conditions stated
above and notwithstanding the fact that each such room contains
an indoor cooking facility.
- - - - -- - -=fhe followin shall -clan the definition- ofDw- elling_Unit..,___
- - -- -- - -mss= - �'_ - - _ -- -- -- - - - - -- -- - - -- - --
_ (a) Primary /Secondary Structure as'de-fined in Section B.31 below.
(b) Duplex Structure as defined in Section B.18 above.
- == -(e) -- Condominium- as defined in Section B.11 above.
756801.14 MLAYM 9
20. Extended' Stay Hotel.
A Hotel /Motel/Lodge with rooms that have, complete, kitchen and bathroom
facilities intended and utilized primarily for transient or semi - transient occupancy.
As used in this PUD Guide, and notwithstanding any other provision of this PUD
Guide, an Extended Stay Hotel room shall be, considered a "Hotel, Motel .and
Lodge" room for purposes of the definition of "Dwelling Units."
21. Final Plat.
A Final Plat approved by the Town pursuant to Section 16.24 of the Municipal
Code.
22. Hotel, Motel and Lodge.
A building, . including an Extended. Stay Hotel, containing' three or . more
Accommodation Units, intended for temporary occupancy of 'guests. Accessory
use facilities may include 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.
23. Landscaped Area. _
"Landscaped'Area" means that portion of a parcel of land with any combination
of living plants, such as trees, shrubs, vines, groundcover, floweis;- 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.
24. ' Mixed Use Project.
The development of a lot, tract or parcel of land, building or structure with two or
more different uses as set forth within the' Development Standards designed,
planned and constructed as a unified project.
25. Municipal Code.
The Town's Municipal Code, as in effect from time to time.
26. Owner.
Collectively,, EMD Limited Liability Company, 4 Colorado limited liability
company, PVRT NOTT I LLC, a Colorado limited liability ,,cortipany,
PVRT NOTT 11 LLC, a Colorado limited liability company, ' and
PVRT NOTT III LLC, a Colorado limited liability company, and their respective
successors and assigns.
3%901 1,' MLAYER 10
27. Planning and Zoning Commission.
The Planning and Zoning Commission of the Town of Avon.
28. Planninc Area.
An area indicated as a planning area on the PUD Master Plan, the development of
which shall be regulated by The Village (at Avon) Development Plan.
29. : - P_.lanning Department.- _ --
The Planning Department of the Town of Avon. .
30. Preliminary Plan.
A preliminary plan approved by the Town pursuant to. Section 16.20 of the
Municipal Code.
31. Primary/Secondary Structure.
A primary/secondary structure consists of two Dwelling Units within a single fee
simple estate: one primary unit and one secondary unit. The secondary unit can be
no more than 25% of the -floor area of -the Primary/Secondary Structure, must be
integral with the architecture of the primary unit, and cannot be subdivided or
separately- conveyed or transferred in ownership.
32. Property.-
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.
33. Public Improvement Company.
The public improvement company having as its members property owners within
the Property which the Owner intends to create in accordance with and for the
purposes stated in Section 4.4 of the Annexation and Development Agreement.
34. PUD Master. Plan.
The Village (at Avon) P.U.D. Development Plan/Sketch Plan dated June 1998,
prepared by Peter Jamar Associates, Inc., attached hereto as Exhibit B and
incorporated herein. The PUD Master Plan indicates among other things Planning
- leas —deve op me sites, open - -spai e— parcels;-=-single family lots, Building
Envelopes and general road alignments for the development of The Village (at
Avon). The PUD Master Plan shall constitute the master plan for development
within The Village (at Avon) PUD.
756801.14 M LAYER
35. Site Coverage.
The portion of a site covered by buildings, excluding roof or balcony overhangs,
- - -
-measured at the exterior walls or supporting -- members -of the building at ground
level.
36. Sketch Plan.
A sketch plan approved by the Town pursuant to Section 16.16 of the Municipal
Code.
37. The Village (at Avon) PUD.
The Village (at Avon) PUD is a zone district authorized for the Property by the
Town of Avon. The Village (at Avon) PUD contains the Property.
38. The Village (at Avon) Parking Regulations.,
The Development Standards governing parking within The Village (at Avon)
PUD, as set forth in Exhibit C to this PUD Guide.
39. Town.
The Town of Avon, a municipal corporation of the State of Colorado.
40. Town Council.
The Town Council of the Town.
41. Use.
The purpose for which land or a building is. designated, arranged,'or-intended, or
for which it either is or may be occupied or maintained.
42. Wildlife Mitigation Plan.
The sole wildlife mitigation measures required for The Village (at Avon) PUD,
attached as Exhibit E hereto and inco orated herein.
C. ASSIGNED LAND USE DESIGNATIONS
The following list identifies Planning Areas within The Village (at Avon) PUD and their
respective land use, designations.
75MI.14 MLAYER
12
Planning Area Land Use Designation
A Village Center.
B Cultural/Recreational
C Ice Skating/Events
D Village Residential
E Village Residential
F Village Residential
G School
---R Neioilj�qffi&d Center
-I Neighborhood Center-
J, Regional Commercial
K Regional Commercial
L Regional Commercial
-M Regional-Commercial
N Community Park
OS1-10 Natural Open Space
P 1 -P6 Parkland
Lots 1-96 Single Family Residential
RMF 1-3 Multiple Family Residential
D.- -- -TOTA-L--PERMI-TT-ED-DENSI-Ty-- --
--- --l-.---The-total-l-permitted--density-for-T-he-Village (at Avon) PUD,for Planning
Areas A-L, Lots 1-96, and Planning Areas RMF 173 shall not exceed: -
(a) Commercial Space.
650,000 square feet of Commercial Space.
(b) Dwelling Units.
2,400 Dwelling Units. Five hundred of the 2,400 Dwelling Units shall be
-- constructed -as- affordable- housing,- pursuant to the- Affordable -Housing
Plan.
2. The permitted Commercial Space and Dwelling Unit densities within Planning
Area M shall be determined in the future pursuant to the amendment procedures
set forth in Section H 'below. , The Village (at Avon) and the Town of Avon
acknowledge, that Planning Area'M is entitled to be developed as mixed use
development, and uses may - include residential uses, commercial uses, and public
and institutional. uses at densities in addition to those set forth above as approved
- -- -may, the Town of von.
calculations -for -for residential development- within Planning Areas A-M and
RMF 1-3 shall exclude areas with slopes exceeding 40%.
35680I 14 MLAYER 13
E.
4. At final buildout of the particular Planning Area, the following minimum and
maximum ratios of commercial and residential development, stated as a
percentage of the aggregate square footage of development within the Planning
--- ----- Area [e.g.; commercial square footage - (commercial + residential square footage)
= percentage of commercial]. shall apple within the following Planning Areas:
Planning Area Residential Commercial
Min% Max% Min% Max%
Village Center (A) 30% 80% 20% 70%
Village Residential (D,E,F) 90% 100% 0% 10 %
Neighborhood Commercial
(H,I) 0% 20% 80% 100%
Regional Commercial (J,K,L) 0% 20% 18'0% 100%
DWELLING UNIT AND COMMERCIAL SPACE REPORT
The Design Review Board shall submit a Dwelling Unit and Commercial Space Report to
the Town of Avon along with its certificate-of Design Review Board approval- for -each
Final Plat application. This report is a detailed statement by Planning Area of the number
of Dwelling Units and amount of Commercial Space assigned to -each Final Plat within —
The Village (at Avon) to ensure that the total permitted density for The Village (at Avon)
PUD is not exceeded.
F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVOWPUD ARE AS
FOLLOWS:
1. Planning Area A - Village Center.
(a) Purpose: To provide sites for a variety of commercial; residential,
lodging, educational and recreational uses and activities in a mixed -use
setting in order to serve the needs of residents and guests of the Upper
Eagle River Valley.
(b) Uses by Right:
(i) ' Commercial uses including but not limited to any activity for the
purpose of generating retail business or consumer services with the
intent of producing a financial profit including, retail stores,
professional offices and' businesses, banks and ' financial
institutions, personal services, food and beverage_ establishments,
clubs -and' recreation and entertainment uses. No 'retail store
156801.11 bII.AYFA 14
occupied by a single retail business shall exceed 60,000 square feet
of Commercial Space.
(ii) -- Residential uses including, but not limited to single - family, duplex,
and multi - family dwellings including interval ownership.
(iii) Lodging facilities including, but not limited to hotel, motel, and
bed and breakfast.
- - =-
Public or rivate trans ortation, transit or parking facilities
-- -- - - -- --
--
including, but not limited to bus, rail stations, tramways, gondolas
and lifts.
(v)
Public or private roads and utilities including but not limited to "
utility improvements, lines and mains, facilities, services and
buildings.
(vi)
Churches, museums, libraries and public buildings.
(vii)
Indoor and outdoor recreation and/or entertainment facilities.
(viii)
Parks and open space.
(ix)
Day Care.
(x)
Temporary real estate sales offices and construction offices.
(xi)
Additional uses which the Director of Community Development
determines to be similar to uses by right.
(xii)
Accessory Uses and Structures customarily appurtenant to uses by
right.
(c) Special Review Uses:
(i)
Medical facilities including, but not limited to clinics, group and
congregate care facilities, nursing homes and hospitals.
(ii)
Educational facilities including, but not limited to public and
- private schools, universities, and colleges.-
(iii)
_ - Emergency_ heliport.
- - - - -- - --(iv)
- Outdoor entertainment facilities that include the use of amplified
music.
356801 14 HEAVER 15
(d). Building Setback Requirements:
Buildings shall have a minimum setback of 20 feet from East Beaver
- - - - - -- - Creek Boulevard- right -of way, and the northern, southern and western
boundaries of Planning Area A. 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.
(e)__ _Maximum Building Height:
80' for areas north of East Beaver Creek Boulevard, 55' for areas south of
East Beaver Creek Boulevard. Non - habitable architectural features such as
chimneys, towers, steeples and similar features shall be excluded from the
calculation of building height.
(f) Density Allowance:
Residential densities shall not' exceed 25 residential. Dwelling Units per,
acre.
(g) Parking Requirements:
As defined in The Village (at Avon) Parking Regulations
(h) Minimum Lot Area: None.
2. Planning Area B - Cultural/Recreational.
(a) P_ uraose:
To provide a site for cultural and recreational facilities and amenities that
serve the needs of the residents and guests of the Upper Eagle Valley.
(b) Uses by Right: - _ --
(i) Cultural, recreational and educational facilities and amenities
including, but not limited to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Community center
Facilities for the performing arts, including outdoor
amphitheaters
Museums and galleries
Community meeting facilities-- .- - - - - -- --
Recreational clubs
Classrooms
Libraries
356NI.14 N"YM 16
(8) Accessory retail and commercial facilities and food and
beverage establishments
(9) Day care facilities
(ii) Accessory living quarters for employees of the cultural /recreational
facilities.
--- - _(iii) Temporary real estate sales offices and construction offices.
= Public -or private roads and �i:utilities�ncludingtbut =not °-limited to
--utility—improve ments,— lines---- __mains,__ a itiCfes;— services -and
buildings.
(v) Additional uses which the Director of Community Development
- determines to be similar to uses by right. -
(c) Building Setback Requirements:
Buildings shall have a minimum setback of 20 feet from the adjacent road
right of way. 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.
(d) Maximum Building Height:
60 feet. Non - habitable architectural features such as chimneys, towers,
steeples and similar features shall ' be excluded from the calculation of
building height.
(e) Density Allowance:
Not to exceed more than 10 Dwelling Units.
(f) Parking Requirements:
As defined in The Village (at Avon) Parking Regulations.
(g) Minimum Lot Area: None
3. Planning Area_C_— Ice- Skatin¢/Events Center.
(a) . Purr ose:
- - -- To- proms -i - =site46r-an=ice--Skating/E-vents =C=enter =that will - serve -he =needs
. of the residents and guests of the Upper Eagle Valley.
336601.14 M"YM 17
(b) Use by Right:
(i) An ice skating and events center.
(ii) Conventions. meetings, special events. trade shows, performances.
recreational activities and uses.
(iii). Accessory retail uses and commercial uses, food and beverage
establishments.
ublic or private" roads and utilities including but not limited to
utility improvements, lines and mains; facilities, services and
- buildings. -
(v) Temporary real estate sales offices and construction offices.'
(vi) Day care facilities.
(vii) Additional uses which the Director of Community Development
determines to be similar to uses by right.
(c) Building_ Setback Requirements:
Buildings shall have a minimum setback of 20 feet from East Beaver
Creek Boulevard right of way and the southern boundary- of- Plaruung Area_
C. 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.
(d) Maximum Building g_eit?ht:
60' feet. Non - habitable architectural ;features such as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height.
(e) Density Allowance:
Not -to exceed - more - than -4- Dwelling Units.
(f) ParkinRequirements:
As defined in The Village (at Avon) Parking Regulations.
(g) - - Minimum -L-ot Area: None. - -
756801 14 MI.AYM 18
4. Planning Areas D E F - Village Residential.
(a) P- Mose:
To provide sites for a variety of residential and lodging uses and accessory
facilities to serve the needs of the residents and guests of the Upper Eagle
River Valley.
(b) ' Use by Right for Planning Areas D. E. F:
(i)_ -- Residential-uses- including; but - not - limited to siitgle- farnify, duplex,
and multi- family dwellings including interval ownership.
(ii) Temporary real estate sales offices and construction offices.
(iii) public or .private transportation, transit or parking facilities
including, but not limited to bus, rail stations, tramways, gondolas
and lifts.
(iv) Public or private roads and utilities including but not limited to
utility improvements,. lines and mains, facilities, services and
buildings.
(v) Indoor and outdoor recreation and/or entertainment facilities.
(vi) Parks and open space.
(vii) Additional uses which the Director of Community Development
determines to be similar to uses by right.
(viii) Accessory Uses and Structures customarily appurtenant to uses by
right.
(ix) - For Planning Areas E and F: In addition to those uses listed above,
areas that have frontage on East Beaver Creek Boulevard are
permitted the following uses:
_______Co minercial uses including, but not limited to any activity for the
purpose of generating retail business or consumer services
— -- -- —includingrbut_not limited to; retail stores, professional offices and
businesses, banks and financial institutions, personal services, food
and beverage establishments, clubs and recreation and
entertainment uses.
(x) For Planning Area D: In addition to those uses listed above,
pedestrian bridges and lodging facilities including, but not limited
to hotel, motel, and bed and breakfast.
356601.14 M"YER . 19
(c) Special Review Uses:
The following uses may be permitted as Special Uses within Planning
Areas E and F in areas that have frontage on East Beaver Creek
Boulevard:
(i) Lodging facilities including, but not limited to hotel, motel, and
bed and breakfast.
(ii) Medical facilities including, but not limited' to offices, clinics,
- -- gioup�rid�attgregate rcare_faciiities nursing - homes- and - hospitals:
(iii) Educational facilities including, but not limited to public and
private schools, universities, colleges and day care.
(iv) Churches, museums, libraries and public buildings.
(v) Emergency heliport.
(vi) Outdoor entertainment facilities that include ' the use of amplified
music.
(d) Building Setback Requirements:
Front: 25'
Side: 0'
Rear: 10'
The setback adjacent to the Railroad Right -of -Way shall be 20'.
(e) Maximum Building Height:
48 feet_ Non - habitable architectural features such as chimneys, towers;
steeples and similar features shall be excluded from the calculation of
building height.
(f) Density Allowance:
Residential densities shall not exceed 18 units per acre.
(g) Parking Requirements:
As defined in The Village (at Avon) Parking Regulations.
(h) Minimum Landscaped Area:.
20%
756901.14 MLAYM - 20
(i) Minimum Lot Area: None.
5. Planning Area G - School.
(a) Purpose:
To provide a school site to meet the needs of the Eagle County School
District
(b) Use by Right:
—E-ducational-uses.--
(ii) Recreational uses.
(iii)- -- -Public -or private roads and-utilities- including -but -not limited to
utility improvements, lines and mains, facilities, services and
buildings.
(iv) - Parks and open space.
(v) Day care facilities.
(vi) Additional uses which the Director of Community Development
determines to be similar to uses by- right.
(c) Building Setback Requirements:
Front 25'
Side: 7.5'
Rear: 10'
(d) Maximum Building Height:
35 feet Non-habitable architectural features such as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height.
(e) Parking Requirements:
def
As ffined_ftdThe Village
(at Avon) Parking Regulations.
(f) Minimum Lot Area: None.
3%WI.14 MLAYM 21
6. Planning Areas H I - Neighborhood Center
(a) Purpose:
To provide sites for a variety- of neighborhood oriented commercial.
residential, educational, recreational, and service oriented use.
(b) Uses by Right:
- -(i) --- Eommercialuses -- including ,- .:but_not�i�_any_actixity_for the
- - --P - -_--- -- ess- or= eewurner- services with the
intent of producing a financial profit including, but not limited; to;
retail stores, professional offices and businesses; banks.. and
financial institutions, personal services, food and beverage
establishments, recreation and entertainment complexes. No retail
store occupied by a single retail business shall exceed 60,000
square feet of Commercial Space.
(ii) Residential uses including, but not limited to single - family, duplex
and multi - family dwellings including interval ownership:
(iii) Public or private transportation; transit or parking facilities
including but not limited to bus and rail stations. ,
(iv) Public or, private roads and including- but - not - -limited -to
utility improvements, lines and mains, facilities, services and
buildings.
(v) Churches, museums, libraries, and public buildings.
(vi) Indoor and outdoor recreation and/or entertainment facilities.
(vii) Parks and open space.
(viii) Temporary real estate sales offices and construction offices.
—For For Planning Areal: Building materials sales and lumber yard.
(x) Additional uses which the Director of Community Development
determines to be similar to uses by right.
(xi) Accessory Uses and. Structures customarily appurtenant to uses by
right.
`
156801 14 HEAVER 22
(c) Special Review Uses:
(i) Medical facilities including, but not limited to offices, clinics,
group and congregate care facilities, nursing homes and hospitals.
(ii) Educational facilities including, but not limited to public and
private schools, universities, colleges and day care.
(iii) Emergency heliport.
(iv) Service Stations.
(v) Automobile repair shops. ;
(vi) Car wash.
(vii) - Outdoor entertainment facilities that include the use of amplified
music.
(viii) For Planning Area H: Building materials sales and lumber yard.
(d) Building Setback Requirements:
Front: 25'
Rear. 10'
The setback adjacent to the Railroad Right -of -Way shall be 20'.
(e) Maximum Building Height:
42 feet. Single - family or duplex residential structures shall not exceed 35
feet. Non - habitable architectural features ' such as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height. - -- - - - -
(f) Density Allowance:
- - Residential - densities not to exceed 15 residential Dwelling Units per'acre.
(g) Parking Regutrements:
As defined in The Village (at Avon) Parking Regulations.
(h) Minimum Landscaped Area:
20%
356MI 14 MLAYM 23
7. Planning Areas J K L M — Regional Commercial.
(a) Purpose:
To provide sites for a variety of - regionally oriented commercial.
residential, lodging and service oriented uses and activities in order to
serve the needs of residents and guests of the Upper Eagle River Valley.
(b) Uses by Right:
zt
(i) _--- _- COmmerciaises including; but -not _ linvited =to-any tivity for the
purpose of generating retail-business -or consumer services with the
intent of producing a financial profit including, but not limited to;
retail stores, professional offices and businesses, banks and
financial institutions,' personal services, food and beverage
establishments, clubs and recreation and entertainment complexes.
(ii) Residential uses including, but not limited to single - family, duplex
and multi - family dwellings including interval ownership.
(iii) Lodging facilities including, but not limited to hotel, motel and bed
and breakfast.
(iv) Public or private transportation, transit or parking facilities
including, but not limited tom, rail stati`ons;- tramways; -gondolas -
and lifts.
(v) Public or private roads and utilities including but not limited to
utility improvements, lines and mains, facilities, services and
buildings.
(vi) Churches, museums, libraries and public buildings.
(vii) Indoor and outdoor recreation and/or entertainment facilities.
(viii) Parks and open space.
(ix) Temporary real estate sales offices and construction offices.
- (x) - - For— P- lanning- - -Areas __ K, L and.-M: Service commercial uses
including, but not limited to; service stations, auto repair, car wash,
lumber yard, building materials sales and storage, rental and
leasing businesses and automobile sales.
(xi) For Planning Areas J, K, and L-only: No more than two (2) retail
stores occupied by a single retail business shall' exceed 60,000
square feet of Commercial Space per store.
356801.14 MLAYM 24
(xii) Additional uses which the Director of Community Development
determines to be similar to uses by right.
- (xiii) - Accessory Uses and Structures - customarily appurtenant_to_uses by .
right.
(c) Special Review Uses:
(i) Medical facilities including, but not limited to offices, clinics,
group and congregate care facilities, nursing homes and hospital's.
(ii) Educational facilities including, -but not limited to public and
private schools, universities, colleges and day care.
(iii) - Emergency heliport.
(iv) -- Outdoor entertainment facilities that include the use of amplified,
MUSIC.
(v) For Planning Area M: In addition to those Special Review Uses
listed above, the following use shall be Special Review Uses: Light
industrial uses including, but not limited to manufacturing, repair,
warehousing and distribution facilities; wholesale facilities; and
indoor and outdoor storage, display and sale of equipment, supplies
and merchandise.
(vi) 'For Planning Area J: Service commercial uses including, but not
limited to; service stations, auto repair, car wash,- lumber yard,
building materials sales and storage; rental and leasing businesses
and automobile sales.
(d) Building Setback Requirements:
Front: 25'
Side: 7.5'
Rear: 10'.
The setback adjacent to the- Railroad:Right -of -Way and the I- 70.Right -of-
Way shall'be 20'.
(e) Maximum Building g eight:
48 feet. Single - family or duplex residential structures shall not exceed 35
feet. Non - habitable architectural 'features such as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height.
SSHOI 14 MLAM • , 25' „
(f) Density Allowance:
Residential densities not to exceed 15 residential Dwelling `Units per acre.
(g) 'Parking, Requirements:
As defined in The Village (at Avon) Parking Regulations.
(h) Minimum Landscaped Area:
8. Planning Area RMF - 1 - Residential Multi - Family.
(a) Purpose:
To provide sites primarily for multi - family residential uses with
appropriate support commercial uses to serve the neighborhood.
(b) Uses by Right:
(i) Residential uses including, but not limited to single-family, duplex
and multi - family dwellings including interval ownership..
(ii)_ Commercial uses intended to, serve surrounding residential areas
including any activity for the purpose of generating retail business
or consumer services with the intent of producing .a financial profit
including, but not limited to retail stores, professional- and business
offices, personal service shops, food and beverage establishments
and club and recreational facilities to support and provide service
to the residential development.
(iii) Temporary real estate sales offices and construction offices.
(iv) Public or private roads and utilities including but'not limited to
utility improvements, lines and mains, facilities, services and
buildings.
(v) Recreational facilities.
(vi) -- Parks and open space. - - - - - -- -
(vii) Additional uses which the Director -of Community Development
- determines to be similar to uses by right.
(viii) Accessory Uses and Structures customarily appurtenant to uses by
right.
356801.11 HEAVER , 26
(c) - Special Review Uses:
(i) Churches, museums, libraries and public buildings. .
Day care facilities.
(d) Building Setback Requirements:
Front lof line - 20 Feet - -_
Side lothne -- 1-0-Fee
Rear lot line - 10 Feet
The setback adjacent to the I -70 Right -of -Way shall be 20'.
(e) Maximum Building Height:
48 feet. Single- family or- duplex-residential structures shall not exceed 35
feet. Non - habitable architectural features such' as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height.
(f) Density Allowance:
Residential density not to exceed 6 residential Dwelling Units per acre.
(g) Parking Reguirements:
As defined in The Village (at Avon) Parking Regulations. - .
(h) Minimum Landscaped Area:
20%
9. Residential Multi - Family — RMF 2 and RMF 3.
(a) ose:
This district is intended to provide sites for residential development.
(b) Uses By Right:
(i) Residential uses including, but not limited to single - family, duplex
and in dwellings.
-(ii) -Child-care'.'----
(iii) Recreational facilities.
356801 14 MLAYER 27
(iv) Residential management office.
(v) Temporary real estate sales offices and construction offices
(vi) Public or private roads and utilities including but not limited to
pedestrian bridges, utility improvements, lines and mains,
facilities, services and buildings.
(vii) Accessory Uses and Structures customarily appurtenant to uses by
right.
(viii) Additional uses which the Director of Community - Development
determines to be similar to uses by right.
(c) Setback Requirement:
Buildings shall have a minimum - setback of 20 feet from the Interstate
Highway right of way. There ' shall be no other setback 'requirements
except as may be necessary to accommodate utility improvements; lines
and mains, facilities, services and buildings
(d) Maximum Building g eight:
48 feet. Single - family or duplex residential structures shall not exceed 35
feet. on- is stable architectural, -features such as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height.
(e) Density Allowance:
RMF - 2: 12 units per acre maximum.
RMF - 3: 6 units per acre maximum.
(f) Parking Requirements:
As defined in The Village (at Avon) Parking Regulations.
(g) Minimum Landscaped Area:
20%
10. Residential 'Sinele- Family-Loi I and Lots 6 -96 (there are no Lots numbered 2, 3, 4
and 5).
(a) Purpose:v To provide sites for single - family homes, and homeowner
- association amenities .including, but: not - limited- to, homeowner facilities
and similar uses.
28
356801.14 MLAYM -
(b) Uses by, Right:
(i) For Lot 1 only:
(I1 Homeowner association facilities including.-but not limited
to, a caretaker unit, clubhouse; recreational facilities, and
other similar facilities and amenities.
(2) Public or private roads and utilities including but not
limited to utility improvements,, lines and mains, facilities,
—i services and buildings.
(3) Temporary real estate.sales offices and construction offices.
(ii) For Lots 6 -96 only:
(1) Single family residential dwelling. - -
(2) Primary/secondary structure.
(3) Public or private roads, and utilities including but not
limited to utility improvements, lines and mains, facilities,
services and buildings.
(4) - Temporary real estate sales offices and construction offices:
(iii) Accessory Uses and Structures customarily appurtenant to uses' by
right.
(iv) Additional uses which the Director of Community Development
determines to be similar to uses by right.
(c) Setback Requirements:
(i) For Lots 6 -96: A minimum of 70% of the building footprint of any
structure shall be located within the Building Envelope.
(ii) For Lot 1: A minimum setback of 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.
(d) Maximum Building Q eight:
35 Feet. Non - habitable architectural features such as chimneys, towers,
- steeples -and similar features shall be excluded from the :'calculation of
building height.
3i6901.14 MAYER 29
(e) Residential Density Allowance:
(i) For Lots 6 -96: 1 single family dwelling or 1 primary/secondary
structure per lot.
(ii) for Lot 1: One caretaker unit (in addition to other permitted
homeowner facility uses and structures).
(f) Parking Requirements:
As defined in The Village (at Avon) Parking Regulations.
11. Plannine Areas N`- Community Park and P1 -P6 — Parkland.
(a) Purpose:
To provide sites -for park and recreation facilities,, open space, water
storage and drainage improvements and landscape improvements.,
(b) Allowed Uses:
(i) Equestrian, pedestrian and bicycle trails.
(ii) Landscape improvements.
(iii) Indoor and outdoor recreation facilities.
(iv) Lakes, ponds, reservoirs and irrigation ditches.
(v) Parks, picnic facilities and temporary entertainment for special
events.
(vi) Public or private roads and utilities including but not limited to
utility improvements, lines' and mains, facilities, ' services and
buildings.
(c) Setback Reguirement:
No minimum, except must be sufficient to accommodate utilities, drainage,
access, fire and building code regulations and flood plain of live streams.
(d) Maximum Building g eight:
35 Feet. Non - habitable architectural features such as chimneys, towers,
steeples and similar features shall be excluded from the calculation of
building height.
3%W1.14 anAYU 30
(e) Density Allowance:
N/A
(f) Parking Requirements:
As defined in The Village (at Avon) Parking Regulations.
12. Natural Open Space - OS 1 - OS 10-.-- - - - -- - - - -
(a) Purpose:
To- provide sites for natural open space, trails and park facilities, water
storage and drainage improvements and landscape improvements.
(b) Allowed Uses:
(i) Equestrian, pedestrian and bicycle trails. ,
(ii) Landscape improvements.
(iii) Public or private roads and utilities including but riot limited to
utility improvements, lines and mains, facilities,. services and
buildings. Provided, however, that such uses :which are located in.
-_--Planning' Area _OS LO shalLbe_orieated .. on a generall y north-south
axis.
(iv) For OS1 -OS9:
(1) Lakes, ponds, reservoirs and irrigation aucnes.
(2) Park and picnic facilities and related parking.
(c) Special Review Uses for OS 10:
(i) Lakes, ponds, reservoirs and irrigation ditches.
(ii) Park and picnic facilities and related parking.
(iii) Public or private roads and utilities to be oriented on a generally
------- east =west axis, including but not limited to utility improvements,
lines and mains, facilities, services and buildings.
- (d) - Setback Requirement:
N/A - - - - -- -- --
356801 14 MLAYER 31
(e) Maximum Building Height:
N/A
(f) Density Allowance,
N/A
(g) Parking_ Requirements:
G. SPECIAL REVIEW USE
1. Special Review Use Permit.
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.
A special review use shall not be considered a use by right without review and
approval, as 'set forth in Section G.2. below, nor shall the use vest unless the
Design Review Board approves a development plan for the property.
2. Application Filing and Processing.
(a) An application with required materials (see Section G.3. below) shall be
filed at the Department of Community Development. Only complete
submittals.shall be accepted. No application shall be considered complete
unless it is accompanied by a certificate of approval executed by.an officer
of the Design Review Board.
(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
17.12.100 of the Municipal Code, as amended.
- - c — - Develo _ments and - uses_ ranted -_b s eciaLre_view use permit shall_ be
O- -- I? - --- g Y p
developed or, established in accordance with an approved development
schedule, or within one year 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
- - -- - : cause _the: administrator�_vft* 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. If an approved use ceases operation for any
756801.14 WAYEX 32
reason for a period of one year, the special review use permit shall be
deemed expired.
If the conditions of a permit become the responsibility of a person or entity
other than the applicant. the department 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 the department.
(e) 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 Guide, and the
"Covenants.
3. Submittal Requirements'for Special Review Use.
The applicant shall submit to the department any or all of the following materials
which are, in the opinion of the administrator, relevant to the particular .permit
being required. Only complete submittals shall be accepted. No application shall
be deemed complete unless the application and associated site plans, elevations,
drawings, development schedule and other required documents, as applicable, are
accompanied -by-a- certificate- of- appro -vaL&e ecuted_-bK-an officer of the Design
Review Board.
(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) a Any agreements, provisions or covenants to be recorded;
35=1.14 M.A,M 33
(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 which shall be provided;
(i) Any, additional materials, which, in the opinion of the Director of
Community' Development, are necessary to adequately review the
application. '
4. Criteria-for Review Recommendation and Approval of Snecial'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) Whether the proposed use is in conformance with the Design Review
Guide;
(c) Whether the proposed use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and
features, site design, and the control of any adverse impacts including
noise, dust, odor, lighting, traffic, safety, and other similar Development
Standards. '
5. . Amendments to Special Review Use Permit.
'No approved' special review use may be modified, structurally 'enlarged or
expanded in ground area, unless such modification, enlargement, or expansion
receives the prior approval of the planning and zoning commission, which shall be
"Obtained by repetition of the granting procedures provided in this Section G.
H. AMENDMENT PROCEDURES
1. - General.
(a) Amendments to the Development Plan may be processed by the Town
either formally or administratively.
(b) During the term of the vested property rights created by this PUD Guide,
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 of Avon without the prior written
35MIA MAYM 34
consent of the Owner. For purposes of this subsection H.1.(b), "Owner"
shall mean only EMD Limited Liability Company, a Colorado limited
liability company, PVRT NOTT I LLC, a Colorado limited liability
company, PVRT NOTT II LLC, a Colorado limited liability company, and
PVRT NOTT III LLC, a Colorado limited liability company, and those
parties, if any, to whom "Owner" as defined herein has specifically
granted, in writing, the power to enter into such amendment.
(c) Any such amendment shall contain the statement required pursuant to
Section 17.14.050 of the Code and set forth in Section A.1 above, and
shall create vested property rights for the duration of the term set forth in
Section 1.3 of the Annexation and Development Agreement, and no such
amendment' shall divest, limit or otherwise ' impair any vested property
right originally created pursuant to Section A.1 above.
2. Formal Amendments.
Amendments to the Development. Plan which do not qualify for the administrative
amendment process described in subparagraph 3 below shall follow the formal
amendment process set forth in Section 17.20.1,1 OK. of the Avon Municipal Code,
as amended, except that the provisions of subsection H.1 above shall apply to all
formal amendments of this PUD Guide.
3. -- Administrative Amendments.
(a) Intent. To provide a simplified amendment procedure for minor
modifications to the Development Plan. As used herein, the term "minor
modifications" means a modification listed in subparagraph (d) below, or
proposed modifications which the Director of Community Development
otherwise determines to be eligible to be processed administratively,
pursuant to subparagraph (c) below.
(b) Determination of Appropriate Amendment Procedure.
(i) The Director of Community Development or his or her designated
representative shall determine whether a proposed amendment
qualifies to be processed administratively. Proposed amendments
which meet the criteria stated in subparagraph d. below shall be
processed and approved administratively. Additionally,, proposed
amendments which meet the criteria set forth in subsection (c)(i)
below shall be processed administratively.
(ii) Nothing herein shall be deemed to prevent an applicant from
applying for a formal amendment, or from appealing to the Town
Council or the courts the Director of Community Development's
3%01.14 tYMYM 35
determination of eligibility for administrative amendment and/or
denial of a request for an administrative amendment.
(c) General Provisions.
(i) The Director of Community Development is authorized to approve
applications that request modifications to Development Standards
which subparagraph d. does not address, but which. comply with
the following general criteria:
(1) are not in incompatible with immediately adjoining
- - 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.
(_i_i_)_ The applicant may appeal any action or decision of the Director. of
Community Development with respect to an application for
administrative amendment to the Town 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 of
Community Development's 'determination of an application's
eligibility for administrative processing and/or the 'Director of
Community Development's decision to deny a request for
administrative amendment: — - -- -- - - -
(iii) Development Standards set forth in this PUD Guide are considered
maximums and minimums as follows:
Maximums: density allowance, building height, square
footage
Minimums: setback requirements, parking requirements,
landscaped area
Unless otherwise indicated, no amendment is required for
- == reductions = -to -these---maximum--standards,--or.— increases—to these
minimum standards.
3%90114 MLAYM 36
(iv) Where Amendments to the Development Plan request dimension
or spatial modifications of established Development Standards of
up to the percentage stated in subparagraph d. below, the base used
- - — for measurement shall -be the original ly-approved -PUD Guide, or
the amendment which originally established the affected
Development Standard.
(v) Unless otherwise indicated, the criteria set forth in subparagraph d.
below shall apply both on a Planning Area by Planning Area basis,
- and- itrthe- aggregate = within he- Village {at
(d) SRecific Provisions.
A request for administrative amendment that complies with the following
specific .criteria, as applicable, shall be processed administratively, and
--shall, be, entitled to a presumption of compliance with the general criteria
for approval set forth in subparagraph 3(c)(i) of this Section H:
(i) Density Allowance.
(1) Dwelling Units. Provided the aggregate number of
_ Dwelling Units within the PUD does not-exceed 2,400, a
ten percent (10 %) increase in the number of Dwelling Units
_ - -- __allowed within any'Planning Area.
(ii) Road Alignments.-
Changes- to- public -or- private- .street - locations,, -and/or internal
circulation design that do not substantially and materially alter the
circulation pattern or traffic capacity of the overall roadway
network in the Property.
(iii) Public Improvements.
Amendments to the Annexation and Development Agreement, if
any, that affect the scope of public improvements may require a
conforming administrative amendment to the Development Plan, if
the - revision affects Development Standards fora particular site or
Planning Area.
(iv) Subdivision Related Changes Affecting Development Plans.
____Af the_Town approves any_ Sketch Plan, Preliminary Plan_or Fin_ al
Plat that. incorporates any subdivision related element that is
inconsistent or conflicts with any Development Standard or other'
element of the approved Development Plan, any conforming
156801.14 MLAYER 37
amendment to the Development Plan that may be required shall be
processed and approved administratively. Examples of subdivision
related elements that may require a conforming amendment to the
- -- --
-Development 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 Areas) affected
-- - - -by- the- Sketch_Plan,_P_reEminaq -Pl n, or Final Plat the approval of
whicTi necessitateelc the conforming amendment.
(v) Planning Area Boundaries and-Lot Lines.
The Owner may relocate or otherwise modify the Planning Area
Boundaries and lot lines depicted on the PUD Master Plan as
required to accommodate site planning or engineering
considerations. Such changes shall be processed and approved
administratively, without regard to whether they are requested in
conjunction with changes made to a Sketch Plan, Preliminary Plan
or Final Plat.
(vi) Building, Envelopes.
Changes in the location and/or area of any Building Envelope
- within the parameters stated in the definition of "Building
Envelope" set* forth in- Section-A.-2. -of this PUD Guide shall not
require an amendment to the Development .Plan. Changes in the
location and/or area of any Building Envelope that exceed the
parameters set forth in the definition of "Building Envelope" shall
be processed administratively, provided such changes do 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.
(e) Procedure.
(i) -Applicants must_ _ meet with the Director of Community
Development or his or her designated representative prior to
submittal of an administrative amendment request (unless, waived
by' the Planning Staff) in order to obtain input into the
_ appropriateness_ =of _the request_�nd _the _materials_ required to be
submitted with the request.
(ii) Upon a complete submittal of the required materials, the Director
of Community - Development shall determine, within 15 days after
35MI.14 MAYER 38
submittal of the request, the completeness of the request and
whether it qualifies to be processed administratively.
(iii) Af- the - request complies -with subsections (d)(i) through- (d)(v), as
applicable. it shall be processed and approved administratively. If
the request does not comply with or is not addressed by
subsections (d)(i) through (d)(v), as applicable, but otherwise
meets -the criteria stated in subparagraph 3(c)(i) of this Section H,
the request shall be processed administratively, and the Director of
ommunity_ eve op=ut ni - authorized =to- thereupon approve the
request.
(iv) Upon approval of an administrative amendment, the applicant shall
submit a revised PUD Guide and/or a revised PUD Master Plan, as
:
- - - - -- = appropriate - --Such revised documentation - shall - be signed by the
Owner and the owner(s) of record, will- be kept on file, at the
Planning Department, and shall be recorded in the real property
records for the County of Eagle, State of Colorado.
I. SUPPLEMENTAL REGULATIONS
1. Fireplace - Regulations.
All Dwelling-Units within The Village (at Avon) shall co ply with the following
Town of Avon fireplace regulations:
(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
-- - - - - - -- - - n' - - - -- - - -
to meet the emissions standards set forth in Section IV of
Regulation No. of Volume I -of Colorado - ltiir Quality Control
Commission.
"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 to conjunction wt -a chimney: - -
35MI.14 HEAVER 39
(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 wod&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 - bunging 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 m
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.
2. Signs.
Signs shall be in conformance with The Village (at Avon) Design Review Guide.
3. Parking Requirements.
Parking-shall-be in conformance with-The Village.(at.Avon) Parking Regulations
set forth in Exhibit C to this PUD Guide.
4.
'Surface.Parkinp- Landscaping- Requirements..
A 10' wide perimeter, ,landscape buffer shall be installed and maintained for all
- outdoor: surface - parking - lots_within -the Property,- except for points of ingress and
egress to the parking lot, and except for those portions of the perimeter that abut
356801.14 MLAYER 40
existing or planned outdoor surface parking areas. The landscaping plan for such .
landscape buffers shall comply with applicable provisions of the Design Review
Guide, and shall -be subject to prior approval of the Design Review Board.
5. Design and Improvement Standards.
Development within The Village (at Avon) shall comply with the Design and
Improvement Standards contained within Section 16.40 of the Avon Municipal
Code in effect on June 1, 1998, with the following modifications:
(a) Roadways standard modif cations for roads located north of , Interstate
Highway 70 not.maintained by the Town of Avon:
(i) Minimum Driving Surface Width: 22 feet
(ii) Minimum Shoulder Width- Each Side: 2 foot paved
(1) Shoulders shall not be required if curb, gutter and sidewalk
is installed.
(iii) Design Speed: 25 miles per hour
(iv) Maximum Grade: 10%
- --(v)— Miufinum- Curve- Radius: -75- feet - - -.
(vi) Minimum Sight Distance: 150 feet
(vii) Cul -de -sacs may exceed one thousand feet (1,000') in length and
service not more than 280 residential units; provided, however, that
the portion -of the cul -de -sac that is in excess of 1,000' shall not
- service commercial uses.
(b) Roadway standard modifications for roads located south of Interstate
Highway 70 and roads maintained by the Town of Avon:
(i) Shoulders shall not be required if curb, gutter and sidewalk are
--
-----installed. - -- -_ -- -
(ii) Median areas shall not require a sidewalk and, if curb and gutter is
installed, shall not require a shoulder.
(iii) Maximum Grade: 8 1/2% for Nottingham Ranch Road (this
- - -- standard - shall -also apply- to -that portion of Nottingham Ranch
Road located north of Interstate Highway 70 and maintained by the
Town of Avon). All other roads 6 %.
3S6em ie' MUYE n 41
(iv) Minimum Curve Radius:
In accordance with Town standards except that one curve upon
East Beaver Creek Boulevard within Planning Area A may have a
minimum curve radius of 165'.
(v) Within Planning Areas D and E, cul -de -sacs may exceed one
thousand feet (1,000') in length and service not more than-450
units; provided, however,, that the total cul -de -sac length shall not
exceed five thousand linear feet (5,000') and shall not service
- commercial uses. The portion of such cul= de= sacseivicing 250`6r
more residential Dwelling Units shall be constructed to collector
street design standards, and the portion of such cul-de -sacs
servicing 250 or less residential 'Dwelling Units shall be
- constructed to local street design standards.
(c) 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 life- developed- hydrograp
being combined.
(d) The minimum sidewalk and trail width standards shall be as follows:
(i) Sidewalk: 4' minimum width for local streets
6' minimum width for collector and arterial
- - - streets
(ii) Multi -use trails: .8' minimum width.
(e) Other variances from the Town of Avon Design and Improvement
— `�Standar`ds -m - Section 1 -6.40 --of the Avon Municipal Code will
considered by the Town of Avon on a case by case basis at the Preliminary
Plan review stage as sufficient details are provided to fully _evaluate the
35MOI 14 MLAYER 42
impacts of the proposed variances, which variances shall not be
unreasonably withheld.
6. Wildlife Mitigation Plan.
The Wildlife, Mitigation Plan attached to this PUD Guide as. Exhibit D shall
constitute the sole wildlife mitigation measures required for The Village (at Avon)
PUD.
7. Design Review Guide.
(a) The Owner shall prepare, and the Design Review Board shall adopt, a
Design Review Guide which the Design Review Board shall utilize for
review:_of: all= deuelopment:.pzoposals.,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 -3 and Lots.
1 -96, the Design Guidelines shall contain, - at a minimum, the provisions
set forth in Exhibit E attached to this PUD Guide.
(b) Before adopting the initial Design Review Guide in final form, the Design
Review Board shall submit the Design Review Guide to the -Planning and
Zoning Commission for its review, and approval, which shall not be
unreasonably withheld. By not later than the sixtieth (60`x) day after the
_ date on which the Design Review Board submits the initial Design Review
Guide for review and approval, the Planning and Zoning Commission
shall- either approve the - Design Review Guide as submitted, or disapprove,
the Design Review Guide. If the Planning and Zoning Commission fails
Jo so act within the sixty (60) day review period provided herein, the
Design Review Guide shall be deemed approved as submitted and shall be
valid and effective in accordance with its terms for all purposes. If, within
the sixty (60) day review period provided herein, the Planning and Zoning
Commission disapproves the Design Review Guide, it shall deliver to the;
Design Review Board, within five (5) ' days after taking such action,
-written notice of the specific objections -upon- which it based its
disapproval. Upon receipt of such notice, the Design Review Board shall
-- -- have the- option; at its sole election, either to:.
(i) modify -the Design Review Guide to meet the stated objections and,
- ---- - - -at- -any -time thereafter, to resubmit the. modified Design Review
Guide to the Planning and Zoning Commission for review and
approval within thirty (30) days after such resubmission; or
(ii) appealT iom the —Town Council>ie- Plannirig oning
Commission's denial (whether of the initial submission or any
resubmission) by submitting the unmodified (or partially, modified)
Design Review Guide to the Town Clerk, within. thirty (30) days
3%W1.14 M AYER 43
after the date of the Planning and Zoning Commission's action, for
the Town Council's review and approval, which shall not
unreasonably be withheld, or disapproval within twenty -one (21)
days after the date on which the appeal is filed.
Nothing herein shall be deemed to prevent Owner and/or the Design
Review Board from appealing to the courts the disapproval of the Design
Review Guide by the Town Council, or from, pursuing in the courts any
remedy otherwise available at law or in equity.
(c) The - Owner or the Design Review Board may,- in - accordance with the
terms and conditions of the Covenants and the De e sign Re- - Guide, as
applicable, amend the approved and -adopted Design Review Guide.'
Aineridments: to°the- Desien-Review G_ uide that "do not- conflict with any
term-'of -of-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 Guide which are less stringent than any Development Standard,
established by this PUD Guide may require an amendment to this PUD
Guide which, in the discretion of the Director of Community
Development, may be processed either formally or administratively,
pursuant to Section H of this PUD Guide.
- - - - -(d) - - The- Design Review Board shall have primary responsibility for enforcing
the Design Review Guide. If the Town 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 Guide,'
the Town Council shall provide written notice to the Design Review Board,
of such determination. Such notice shall state with particularity the
alleged failure and the Town Council's factual f ndings supporting such
determination.. If the Design Review Board fails to correct the stated
deficiency within thirty (30) days after receipt of such notice, the Town
Council may, but shall not be obligated to, enforce the Design Review
Guide with respect to the matters addressed in the notice -.-
_- 8� - 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 - strearn - 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
3WQ1 14 MLAV a 44- ,
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.
9. Residential Fire Suppression Systems.
All single - family and multi - family residential structures constructed in Planning
Area RMF -3 and on Lots 6 -96 as shown on the PUD Master Plan, as amended,
shall include appropriate fire suppression systems as determined by the Town's
Fire Chief pursuant to applicable Town 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.
10. Park Recreation and Trail Access.
All parks, recreation and trails facilities the construction, maintenance and
operation of which the "Districts" (as described in Section 4.4 of the .Annexation
and 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, .thee
Owner shall facilitate non - motorized access through the Property to off -site trail
systems as follows:
(a) Provision of a public trail head location in Planning_Area_ RMF -2..to be
connected by a trail, the locations of which Owner will determine in its
sole discretion, to United States Forest Service property located north of,
Planning Area OS4; and
(b) Facilitation of 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 M, RMF -1, N, RMF -2 and the most southerly '/4 section of 088.
Owner shall determine in its sole discretion the location within the
Property of such trail, sidewalk and/or road.
11. Affordable Housing Plan.
Owner will provide for affordable housing within the Property at locations
determined by Owner in its sole discretion and in accordance with the following
terms, conditions and requirements:
(a) Owner will provide 500 affordable housing units, or assure that the same
are supplied by others, as set forth below.
(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
7s6eo1 14 ty"YER 45
Property, and third to people employed in Eagle County outside of the
Town.
(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"Qualif ed -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 of 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-4o- 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 subpgagrak4 (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; V half of 1998 = 160.5).
156801.14 A"YM 46
(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 Owner or a Qualified Buyer.
-_ 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 djtistefi $r- heusehol"izeAncluding
— —util-ities, - for— whic-h--allowances are - determined annually—b_y__ the
Colorado Housing Finance Agency.
— A O -- _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 Owner.
(vii)— First-time- home - buyers shall be exempt from Real Estate Transfer
Fees as set forth in the Annexation and Development Agreement.
(e) Subject to receiving all required . permits and approvals therefor; Owner
will assure that a minimum of 100 affordable housing units will be
constructed in conjunction with the initial phase of commercial and/or
residential construction within the Project (but nov iii connection with the
construction of infrastructure in preparation for such initial phase of
commercial and/or residential construction).
12. Provision of Certain Amenities.
(a) Community Park (Planning Area N):
(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 601' Dwelling Unit within the
Property that otherwise is eligible to receive a certificate of
occupancy.
-(ii) - - Construction of the - second fifty percent (50% o). -of -the_ community
park shall be commenced prior to the date that the Town's
35UG1 14 MLAYU 47
obligation arises to issue a certificate of occupancy for the,
Dwelling Unit constituting the 1200' 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)--- docket -Parks- (Planning Areas P 1 - P6) and Bike Trails:
Pocket parks and bike trail improvements shall be commenced and
prosecuted with due diligence in accordance with sound construction
practices concurrently with development -of immediately adjacent. parcels._
(c) Community Center (Planning Area B):
(i) Construction of the initial phase of the community center 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 601' Dwelling Unit within the Property that otherwise is
eligible to receive a certificate of occupancy.
(ii) Construction of the second (final) phase of the community center
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 1200` 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.
(d) Ice Skating/Events Center (Planning Area C):
Construction of the ice skating/events center shall be commenced prior to
the date that the Town's obligation arises to issue a, certificate of
occupancy for the Commercial Space including the 200,000 square foot
of floor area for which the Town has issued a certificate of occupancy for
Commercial Space within Planning Area A. Once commenced,
construction of the ice skating/events center shall be prosecuted with due
diligence in accordance with sound construction practices.
35MLM MI.AYM 48
EXHIBIT A
Legal Description
356801.11 M"YFR A-1
WEST PARCEL
That part of the SE 1/4 NE 1/4 of Section 12, Township 5 South,,
Range 82 West of the Sixth Principal Meridian, Eagle County,
Colorado, - according to-the Dependent Resurvey and Survey of said
Towns hip. and, Range, accepted September 7, 1977 by the Department of
the Interior Bureau of Land Management in Washington, D.C.,
together with that part of the NW 1/4 of Section 7' Township 5
South, Range 81 West o-f-the Sixth - Principal- "Meridian, Eagle County,
Colorado,__ according to the-Dependent Res_urvey__of- said _Township and
Range, accepted--November 1, 1943 y the Depa nt of'the Interior
General Land Office -in Washington, D.C., both _parts of said
Sections lying north of Interstate Highway No 70 and being
described as a whole as follows: -
Beginning at the Northwest corner of said' Section 7; thence the
following two courses - - along the northerly line of said Section 7:
(1) N88 °49'24 "E 1412.90 feet, to the W 1/16 corner of said Section
7 and Section 6 of said Township 5 South, Range 81 West; (2)
N88' 49' 24 "E 1378.'56 feet, to the 1/4 corner of said Sections 7 &-6;
thence, departing said northerly line, the following two courses
along the easterly line of the NW 1/4 of said Section 7; (1)
S00011112 11E 1345.19 feet, to the CN 1/16 corner of said Section 7;
(2) S00'11'12 "E 1275.81 feet, to the northerly right -of -way line of
Intersate 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 ,seven courses along said.
northerly right -of -way line: (1) N70024151 11W 2239.64 feet; (2)
N89042121 11W 211.9 feet; - -_(3) N70 °24'51 "W 500.2 feet, to the common
north -south line of said Sections 7 & 12; (4) N70024151 11W 93.9
feet; (5) 393.3 feet - along - the arc of a curve to the right, having
a radius of 5550.0 feet, a central angle of 04'03'37 ", and a chord
which bears N68'23'02 "W 393.2'feet; (6) N74'38'51 "W'98.1 feet; (7)
274.54 feet along the_arc of a curve to the right, having a radius
of 5565.0 feet, a' central- -angle of - 02049- 1-361'; -and---a-chord---which
bears N63'56'271W 274.51 feet, to the northerly line of the SE 1/4
NE 1/4 of said Section 12; thence S89 058'41 "E 793.44 feet, along
said northerly line,_ to the N 1/16 corner of said Sections 12 and
7; thence N00' 11,' 27 "W 1321.54 feet, along the westerly line of said
Section 7, to the point of beginning, containing 138.34 acres, more
or less.
REVISED 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) N88 °40141 "E 1379.49 feet, to the W 1/16 corner of said Section
8 and Section 5 of said Township and Range; (2) N88 °40'41 "E 1379.49
feet, to the 1/4 corner of said Sections 8 and 5; (3) N88 °42'58 "E -
1385.36 feet, to the E 1/16 corner of said Sections 8 and 5; (4)
N88 042158 11E 1385.36 feet, to the corner of said Sections 5, 8 and
9 and Section 4 of said Township and Range; thence the following
four courses along the northerly line of said Section 9: (1)
N83 629130 11E 1386.63 feet, to the W 1/16 corner of said Sections 9
and 4;.(2) N83 029130 "E 1386.64 feet, to the 1/4 corner of said
Sections 9 and 4; (3) N83 024112 11E 1386.30 feet, to the E'1 /16
corner of said Sections 9 and 4; (4) N83 024112 11E 1386:30 feet, to
the corner of said Sections 4, 9 and 10 and Section 3 of said
Township and Range; thence the following two courses along the
northerly line of said Section 10: (1) N86-39-2411E 1381.'29 ,feet, to
the W 1/16 corner of said Sections 10 and 3; (2) N86 039124 "E
1299.94 feet; thence, departing said northerly line, SO1 °34'076W
2699.66 feet, to the east -west centerline of said Section _10;
thence, along said east -west centerline, S86032'2311W_1304.0__6 feet,
to the W 1/16 corner of said Section 10; thence-S01 °32'50 "W 1349.33
feet, along the easterly line of the NW 1/4 SW 1/4 of said Section
10, to the SW 1/16 corner of said Section 10; thence S86 032'47 "W
1384.91 feet, along the southerly line of said NW 1/4 SW '1/4j, to
the S 1/16 corner of said Sections 10 and 9; thence S77 010'15 "W
1413.37 feet, along the southerly line of the NE 1/4 SE 1/4 of said.
Section 9, to the SE 1/16 corner of said Section 9; thence
S01 033'02 "W 1475.32 feet, along the easterly line of the'SW 1/4 SE
1/4 of said Section 9, to the E 1/16 corner of said Section 9 and
Section 16 of said Township and Range; thence S72 °20'31 "W 1450.43
feet, along the southerly line of said SW 1/4 SE 1/4, to the 1/4
corner of said Sections 9 and 16; thence N01 034'18 "E 1601.52 feet,
to the CS 1/16 corner of said Section 9; thence S860 07' 30 "W 1378.19
feet, along the southerly line of the NE 1/4 SW 1/4 of said Section
9, to the SW 1/16 corner of said Section 9; thence S01 °33'13 "W
1506.37 feet, along the easterly line of the SW 1/4 SW 1/4 of said
Section 9, to the W 1/16 corner of said Sections 9 and 16; thence
N89 055'04 "W 1371.96 feet, along the southerly line of said SW '1/4
SW 1/4 to the Section corner of said Sections-8, 9 and 16 and
Section 17 of said Township and Range; thence N01 032'00 "E 3.82
feet, along the westerly line of said Section 9, to the northerly
right.. -of -way line of the Denver & Rio Grande Western Railroad, said
northerly right -of -way line being parallel with and .50 feet
northerly of the centerline of the existing railroad tracks; thence
the following two courses along said northerly right -of -way line:
(1) 104.48 feet along the arc of a curve to the left, having a
radius of 2649.33 feet, a central angle of 02 °15'34 ", and a chord
which bears N85 051'36 "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 051'07 11E 1337.77 feet, along said westerly line, to the SE 1/16
corner of said Section 8; thence N89 054'54 "W 1333.58 feet, along
the southerly line of the NW 1/4 SE 1/4 of said Section 8, to the
CS 1/16 corner of said Section 8; thence N89 °58'35 "W 1366.46 feet,
along the southerly line of the NE 1/4 SW 1/4 of said Section 8, to
the SW 1/16 corner of said Section 8; thence S00 001'37 "E 919.47
feet, along the easterly line of the SW 1/4 SW 1/4 of said Section
-- 8 -,-to the -mortherly rightrto Way line- of- Interstate_Highway No. 70,
-as-- described - in -the- deed recorded in Book 223- at Page-- 982-in the
of f ice of -the Eagle -County -,-- Eo-l-orado,- Clerk - -and - Recorder; thence
the following ten courses along said northerly right -of -way line:
(1) N65 °30'20 "W 249.79 feet; (2) N78 047150 11W 317.2 feet; (3)
N83 008120 "W 506.7 feet; (4) 772.2 feet along the arc of a curve to
the right, having a radius of 1462.0 - -feet, a central angle of
30 °15152 ", and a chord which bears N54 °57'56 "W 763.3 feet; (5)
N34 037150 11W 331.1 feet; (6) N34 °44120 11W 368.5 feet; (7) 804.9 feet
along the arc of a curve to the left, having a radius of 1812.0
feet, a central angle of 25 °27'04 ", and a chord which bears
N51 029150 11W 798.3 feet; (8) N68 °24150 11W 399.7 feet; (9) N49 047120 11W
213.6 feet; (10) N70 020150 "W 765.1 feet, to the northerly line of
the SE 1/4 of said Section 7; thence the following two courses
along said northerly line: (1) N89 050'40 "E 1194.46 feet, to the CE
-- r /i6�orirer -af said Section;- (2 )-- N- 89 °- 50' -40 "E- 1378.25 feet, to the
1/4 corner of said Sections 7 and 8; thence the following two
- -- — cour -ses along---the- westerly line -__of_ said Section 8: (1) N00 ° 10' 53 "W
1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence
N00 010153 "W 1369.10 feet, to the point of beginning, containing
1468.94 acres, more or less.
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 --_r7; thence
- S89 °23'- 36 "E_- 526.- 7.6_feet,_alonq =the northerly line of said NE-1/4 0
Section 17; to the northerly right -of -way line of the- Denver & -Rio
Grande Western Railroad; thence, departing said northerly line of
Sect_ ion17,._the following- two courses along the northerly right -of-
way line " -of -the- -Denver - - &- Rio Grande - Weste_rn- Railroad; said
northerly right -of -way line being parallel with and 50 feet
northerly of the centerline of the existing railroad tracks: (1)
S80 036127 11W 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 °041581', 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 °20155 "W
78.44 feet, along said westerly line, to the point of beginning
containing 0.53 acres, more or less.
SOUTH PARCEL B - South of Railroad right- of -wav
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 theNortheast corner of said Section 17; thence
S01 ° 41' 49 "E 96.93 feet, along the easterly line of said Section 17,
to the True Point of Beginning; thence, continuing along said
easterly line, SO1 041'49 "E 73.07 feet, to the centerline of said
-Eagle -River; thence the following four courses- along said
centerline (Filum aquce): (1) N89 024149 "W 1037.9 feet; (2)
N86 007149 11W 472.00 feet; (3) N89 °29149 11W 538.00 feet; (4)
S82 033111 "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 "; an a c ord, which bears N83 042123 11E 279.58 feet; (2)
N80 036127 11E 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 024107 ", and a chord which bears 54 feet along the 685.10
rc of a curve
S86 °59'25 "E 1216.38 feet; (5) g
to the right, having a radius of 2549.33 feet, a central angle of
02 031146 ". and a chord which bears S85 °43131 "E 112.53 feet, to the
True Point of Beginning, containing 5.28 acres, more or less.
A parcel of land located in the E16 of Section 12, Township 5 South, Range
82 West of the 6th Principal Meridian. the 115 and the SEX of- Section 7.
Township_5 South_, Range 81 Nest of the 6th Principal Meridian, -and. the
SM9�SWx of Section 8. Township 5 South. Range 61 Nest of the 6th Princi
pal
Meridian lying southerly of the Interstate 70 right -of -way line, easterly
of benchmart Subdivision, and northerly of the Denver and Rio Grande Western
Railroad,right -of -way line. in Eagle County, Colorado, more particularly
'described as follows:
Beginning at a point on the .southerly right -of -way li�e_of_Interstate 70
_ - -tea hence= the_Morth�uar_ter _COOgr_of ='a id =Sect toh= �_ beers' yN = _10 ° -17' - -20" -W
_ 3308:72 feet;-,---
thence the following 12 courses along said southerly right -of -way -line:
1) -$.700 22' 43" E. 431.20 feet; _
:333.80 _feet ; -
3) - S:'51 =44' 93 "-E: 352.60 -- feet-*9- -- -- - _. _ -_•.__ _ __ —._
- 4) -S. 24° 13' 13" E. 96.20 feet;
5) S. 450 43' 43" E. 203.80 feet; -
6) S. 370 16' 13" E. 327.70 feet;
7) S. 320 40' 43" E. 168.70 feet;
8) S. SO° 10' 13" E. 210.60 feet;
9) S. 38° 45' 13" E. 521.50 feet;
10) S. 690 45' 43" E. 670.90 feet;
11) S. 80° 21' 43" E.,654.7O feet;
12) along a curve to the right having a radius of 1734.90 feet. .a central
ogle of 110 05' 140, an arc distance of.335.72 feet and -a long_ine
Chord of 335.19 feet Dearing S. 720 08' 02' E. to the easterly line
of the SW16SWf. of said Section 8; _.
thence S. 00° 01' 00" W. 65.80 feet along said easterly Iine to the southerly
line of said Section 8;
thence N. 890 32' 28" W. 529.28 feet along said southerly line to the
northerly right -of, -way line - of the hltenver and Rio Grande Western Railroad;
thence the following 12 courses along said, right -of -way line:
1) along a curve to the right having a radius of 2033.48 feet.,a
central angle of .030 44' 420. an arc distance of 132.91 feet. and
a Long Chord of 132.89 feet Dearing N. 70° 30' 09" W.;
2) N. 680 37' 48" W. 527.88 feet:
3) along a curve to the left laving a radius of 5779.70 feet. a
central angle of 02° 17' 26 ". an arc distance of 231.12 feet, and
a Long Chord of 231.09 feet bearing N. 690 46' 32" W.;
EXHIBIT B
PUD Master Plan
B-1
356801.11 ML AYER
EXHIBIT C
The Village (at Avon) Parking Regulations
756801.14 MLAYU C -1
S
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A A A A
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EXHIBIT C
THE VILLAGE
(at Avon)
Off Street Parking Regulations
A. 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
1. Residential Land Use Minimum Requirements
a. Per dwelling Unit:
(1) Single - family or duplex 2 spaces / unit
3 spaces / unit for units over
2,500 sq. ft. not including
gage
(2) Multifamily building and
- townhouses
(a) Studio
1 space
(b) One bedroom
1 -1/2 spaces
(c) All others
2 spaces
b. Per accommodation unit including
lockoffs:
(1) One bedroom
1 space
(2) Over one bedroom
1 space plus ' /z space for each
additional bedroom in excess
of one
c. Guest parking spaces:
Multifamily and townhouses
(1) 3 - - 5 units
2 spaces
(2) .5 - - 10 units
3 spaces'
(3) 11 - - 15 units
4 spaces
(4) 16 - - 20 units
5 spaces
(5) 21 - - 25 units
'6 spaces
(6) over 25 units
7 spaces plus 1 space for each
5 units in excess of 25, up to
a maximum of 10 additional
spaces
Residential Land Use Minimum Requirements
d. Mobile home parks: 2 spaces /mobile home space
e. Timesharing units: 1 space per 600 square feet
but not less than 1 space per
unit unless reduced as part of
a mixed -use project reduction
2. Commercial Land Use
Minimum Requirements
a.
Shopping and convenience
4 / 1000 sq. ft. GLFA
goods retail,
b.'-
Personal services & repairs est.
3 / 1000 sq. ft. GLFA
Business & professional services
Office buildings & banks
(except drive -in banks)
c.
Drive -in banks
3 / 1000 sq. ft. GFA plus
5 storage spaces/outside
teller window or drop
station
- - - A.
Restaurants -Food consumed
1 / 60 sq. ft., of seating area
within structure only, outside
patio used with a bar or
restaurant do not require any
parking
e.
Restaurants — Carry out only -
10 / 1000 sq. ft. GFA
f.
Restaurants with drive -up window
1 / 60 sq. ft. of seating area
plus storage for 7 car / dr_ ive=
up window
g.
Service stations
2 / 1000 sq. ft. GFA
h.
Commercial recreation
4 / alley plus 1 / employee
facilities, bowling alleys
Tennis courts
4 / court plus 1 / employee
Handball & racquetball
2 / court plus 1 / employee
Courts
Swimming pools
20 / 1000 sq. ft. GWA
2
Skating rinks
3. Industrial Land Uses
Manufacturing plants, warehousing,
Wholesaling establishments,
Freight terminals
10 / 1000 sq. ft. GFA
Minimum Requirements
1 / 800 sq. ft. GFA
Requirements - - -' --
- - a. Nursery schools & day care centers 2 / 1000 sq. ft. GFA
b. Elementary & junior high schools 1 / employee
c. Senior'high schools iYarripl6pe-e-plus-I teach
6 students based on design
capacity
d. Trade schools 1 / each 2 students
5. Medical Land Uses
a. - Docfoi's offices; including
optometrist, medical, dental,
chiropractor, chiropodist, and
all others
b. Hospitals
6. Public Buildings
a. Auditoriums, theaters,
stadiums and arenas
J"b'. v- Museuiris and- libraries- - ---
c.-- Public utilities- companies
7. Other Land -Uses
a. Churches
b. Clubs and lodges
Minimum -Requirements - -- —
- 5 /-1000 sq.-ft._GFA-----
1 / bed
Minimum Requirements
1 / 4 seats
4 / 1000 sq. ft. GFA
--3-/ 1000 sq. ft. GFA
Minimum Requirements
1/ each 3 seats provided in
main seating area
5 1 1000 sq. ft. GFA
3
c. Other uses
B. Shared Facilities
As determined by zoning
administrator
Where The Village (at Avon) has constructed or proposes to construct, shared off
street parking - facilities, all, or a part of the parking spaces required for any use
- within = the = project =may = be.provided within such - facilities - - - --- - - - ==
C. Reduction in Parking Requirements for Mixed Use Projects
1) Shared Parking: Projects and Minimum Number of Parking Spaces.
Cumulative parking requirements for mixed -use occupancies or shared
facilities may be reduced where it can be determined that, the peak
requirements of the several occupancies occur at different times (either daily
or seasonally).
The minimum number of parking spaces - for -a shared use project shall be
'determined by utilizing the following the procedures of the Urban Land
Institute SharedTParking Mzdiial. The-study -sha -bie reviewed-by li_e approval
of the Director of Community Development. The actual number of parking
spaces required shall be based on local demand rates, if available, except that
default- rates from the ULI manual may be used where it is impractical to
determine `.`local" demand rates. (For example, a proposed land use that is not
found locally or whose annual peak season is too far in the future to wait to do
- -- -a survey- are-cases -where national default rates are appropriate).
For the purpose of determining the greatest of the aggregate gross minimum
numbers of parking spaces for nighttime, daytime, and evening periods, the
following rules shall be applied:
a)- -The minimum number of parking spaces that. are to be provided and
maintained for each use shall be determined by identifying the use in the
column entitled "Type of Land Use" and the corresponding minimum
- - - number -of parking- spaces in the same row.
b) The gross minimum number of parking spaces shall be multiplied by the
"occupancy rate" shown'in Tables I and 2 for each, use for the weekday
night, daytime and evening periods, and w_ ee_ke_n_d_ night, daytime and
evening periods respectively.
c) The gross minimum 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.
4
d) The larger of the aggregate gross minimum numbers of parking spaces for
each time period shall be determined and shall be the minimum number of
spaces provided for the mixed use project.
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 minimum
requirements may be shared with nonresidential uses.
--` fa'lile -1 �day Parking Occupancy Rates = Percent o - astc-
Minimum Needed During Time period
Uses
Residential
Office
Commercial - Retail
Hotel +
Restaurant
Movie Theater
Entertainment
Conference /Convention
Weekday Night
Midnight - 6 am
100%
5
5
100
10
10
10
5
Weekday Day
8am -5 pm
80%
100
90
80
70*
40
40
100
Weekday Evening
6 pm - Midnight
100%
20
80
100
100
80
100
1U0
* Fast food, breakfast or lunch - oriented establishment = t00 percent.
Excludes confereace/convention facilities.
"Ile minimum requirements for resident's own spaces must be met in exclusive
(nonshared) parking, but guest'parking and extra resident's parking may be shared.
Table 2 Weekend Parking Occupancy Rates Percent of Basic Minimum
Needed During Time Period
Uses
Residential *'
Office
Commercial - Retail
- H-
otel-4; - - - -- - —
Restaurant
Movie-Theater - --
Entertainment
Conference/Convention
Weekend Night
Midnight - 6 am
100%
5
5
100
20
___10 -
50
5
Weekend Day
8am -5pm
80%
5
100
- -80 --
70*
80
100
Weekend Evening
6 pm - Midnight
100%
5
70
100
100
100
100
100
*- 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) parking, but guest parking and extra resident's parking may be shared.
5
2) Captive Market Parking requirements
a) In' addition to the reduction in parking requirements' for mixed use
projects, parking requirements for retail, restaurant, hotel, convention and
conference uses may be reduced where it can be determined that some
portion of the patronage of these businesses comes from other uses (e.g..
employees of area offices patronizing restaurants) located within a
maximum walking distance of 500 feet. Parking -requirements may be
reduced up to 90 percent as appropriate with approval of the Director of
Community Development.
=. b) =- Procedure::- The – Director- of,= Gommunity_=Development may , approve' a
reduction in required parking spaces based 'upon the provisions of these
regulations. Applications for such a reduction must, be submitted in
writing accompanied by the following:
A parking' demand analysis prepared by. a qualified parking or traffic
consultant, which substantiates the basis for granting a reduced number of
spaces.
Shared: parking operations plan showing that:
• Parking spaces intended for shared parking conveniently -serve the land
uses intended.
• Consideration is given to the appropriate location and layout of high vs.
low turnover parking spaces.
• Any controlled parking such as paid,, gated' or valet parking areas should
be located in such a manner as to'control turnover rates but not prohibit
some parkers from using all spaces.
• Directional signage is provided directing drivers to the most convenient
parking areas for each particular land use (if su&distinctions can be
made).
• Pedestrian links between parking areas and land uses are as direct and
short as possible:
• Safety and security are ensured and maintained at the site through a
comprehensive program including, but not limited to, signing, lighting'
and television monitoring, if warranted.
c) 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 lDrovided' analy-zing' the change in demand patterns. Any
- - forecast deficiency must be met by -the construction- of-additional parking
- - spaces, payment - -of in -lieu fees, or support of shuttle service or other.
employee trip reduction program satisfactory to the Town.
3) Agreement Between Sharing Property Owners
If a privately owned parking facility is to serve two or more separate
properties, then a legal agreement between property owners, is required that
indicates responsibilities for operating, maintaining and accepting liability for
personal injury and property damage. Unless explicitly stated to the contrary,
Z
the property owner of the parking facility accepts responsibility for these
areas.
_4)_ -Walking -Distance and Pedestrian Connections____
Shared spaces must be located within 500 feet of the principal building
entrances of all sharing uses. However, up to 20 percent of the spaces may be
located. greater than 500 feet but less than 1,000 feet from the principal
entrances if they do not serve residential uses. Clear, safe pedestrian
connections must be provided, requiring no at grade_ crossing__ of an arterial.
street except of a 'signalized- intersection`-along -the pedestrian - pathway. Up to
75 percent---of-nonresidential spaces may be•provided at greater distances if
dedicated shuttle _bus_ or van service_ is provided from a remote parking
facility. The service plan and performance. guarantees for such a shuttle
service or van service must be approved by the Director of Community
Development.
5) Valet and Tandem Parking
Valet or tandem (double- length) parking may be used to meet shared parking
requirements or supported by a shared parking operations plan. Tandem
spaces may only be used for residents and business fleet operations.
D: " - - "- Parking Space Sze Reduction for Compact Cars
Up to thirty percent of the total number of parking' spaces provided in covered or
underground structures on lots containing twenty -five or more parking spaces
may be reduced in size down to a minimum 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.
7
EXHIBIT D
Wildlife Mitigation Plan
356801 14 M-LAYER D-I - I
EXHIBIT D
THE VILLAGE
- - - — (at Avon)
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 owners of the properties constituting The Village (at Avon) [VAA] property, their successors
or, assigns, including the possibility of one or more Homeowners 'or Property Owner
Association(s), and/or a public improvement company (any of which shall be referred to as an
Association) to be formed which may undertake owners' responsibilities under this Agreement,
hereby agree to the following stipulations in conjunction with The Village (at Avon) PUD.
3) WINTER RANGE COMPENSATION
To compensate for the Elk Winter Range habitat loss associated with the development, a ,private,
VAA 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.
Fund principal shall be based on winter range losses associated with the development. At full
buildout, VAA development would encroach upon 155 acres of native habitat on the property
designated elk winter range. Compensation, based on (1) the loss of. 155 acres of winter range,
(2) 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, (3) current fertilization costs of $65.00 /acre
(in 1998 dollars), and (4) an interest rate of 5 %, 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 totalling $105,519.70 (in 1998 dollars). This
amount will be deposited into the Fund upon the Fund's establishment.
4) SETBACKS
A 100 foot setback from the closest edge of building envelopes of lots 57, 58, 59, 64, 69, 74, 94
and 96 adjacent to U.S. Forest Service lands along the northern property boundary to both buffer
residential activities from public lands and public activities (e.g. pnncipally hunting and other
recreational uses) trom the adjacent residences will be provided
Town of Avon required stream setbacks are specified in the VAA PUD Guide and will be adequate
to protect water quality, existing riparian vegetation, and allow, for further riparian development.
Impacts to jurisdictional wetlands will be protected by the Clean Water Act.
5) BUILDING ENVELOPES
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.have
been established on all single family lots north of I -70 as indicated upon the PUD Development
Plan/Sketch Plan and are governed by The Village (at Avon) PUD Guide. These envelopes have
been 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 will
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 will be educated 'to appreciate and maintain the existing vegetative community,
particularly forests and shrubby areas which provide critical wildlife cover and forage values.
Upon lots 72 -86 any required tree /shrub clearing for wildfire mitigation shall be contained within
the designated envelope.
The area of fertilized, irrigated landscaping each residence is permitted to have will be restricted to
< 5,000 square feet. Residents will also be educated to recognize that they have moved into
wildlife habitat, that some wildlife will have strong compulsions to eat what homeowners plant,
and that the CDOW will not be liable for wildlife damage to landscaping.
6) OPEN SPACE
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 blocks OS-4 to OS -8
function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however,
these areas will be preserved primarily in their undeveloped condition and managed to further
enhance wildlife values.
In addition, a larger acreage of the property on single family lots north of I -70 will be preserved
outside of designated building envelopes and will 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 single family 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.
2
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 Lot 84 and the eastern edge of the Building
Envelopes for Lots 81. 82. and 83 as indicated upon the PUD Development Plan /Sketch 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
Road design and use through portions of VAA has the potential to disrupt migratory deer
=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.
Road widths will be minimized to force slower operating speeds and adjusted to the number of
residences being served by the road. There will be no bike lanes or paved road shoulders beyond
Lot 59. Roads near the distal, eastern portion of the development will have relatively - narrow (i.e.,
approximately 20 ft.) operating surfaces. 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 will
m
be designed to allow wildlife movements. Standard guard rails restrict wildlife_ovements- and can
increase wildlife- vehicle collisions. Restricted access, if possible, to all VAA single family
-- residential development on lots 1 =95 will reduce vehicular use- through -a -large portion of the
development to the benefit of wildlife.
9) TRAILS
With the exception of public access through the property along an existing trail through OS-4, there
shall be no public access through the property -to U.S. Forest Service lands to the north. Public
and VAA, access along the, trail through OS-4 shall be limited to foot traffic only-. - Seasonal,
restrictions will be-associated with this trail to ensure use is compatible with important wildlife use
on and adjacent to the Property (see below).
No other trails'shalfbe developed within the Protected Wildlife Habitat (defined below in Section
10) on the Property without the agreement of the CD to except for an access trail/path/emergency
_ -
-vehicle access connecting Planning Area RMF -2 to Planning Area N.
10) SEASONAL USE RESTRICTIONS
- 'Seasonal use restrictions will -be- imposed - and- enfor- c'ed -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- open space blocks OS -4 to- OS4 (hereinafter "Protected
Wildlife Habitat" [PWHJ)_will be restricted_ during the winter range occupancy period
extending from December 15'to April 1 "5: Recreational use,- iricludirig nordic "skiing,
3
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
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.
Home construction on Lots 79 -85 could occur throughout the year, however, daily outdoor
construction periods on individual lots (excluding construction worker travel (i.ie:, arrival
and departure) shall be restricted to the period between 6:30a.m. and 5:30p;rrt. hours
during spring migration (defined above) and .7:30a.m. and 4:15p.m. hours during fall
migration (defined above). This will 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 VAA, the public -trail running through parcel OS-4 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 Village (at Avon).
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 PUD, the Town, CDOW, and U.S. Forest Service may also enforce these
restrictions, within their respective jurisdictions.
11) RECLAMATION/LANDSCAPING
Native wildlife habitats disturbed by construction activity outside of building envelopes in, P W H
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 Interstate Highway 70 should be slow enough that road shoulders could be
reseeded with plants palatable to big game without increasing the probability of road -kills.
Homeowners are strongly encouraged to landscape with native plant species to avoid wildlife
damage. The CDOW will not be liable for wildlife damage to landscaping. A list of suitable
landscaping materials, their maintenance and protection will be provided to homeowners.
4
12) DOGS AND PET CONTROL
Owners of each residential lot will be permitted to harbor up to two dogs and offspring up to three
months old. Residents will 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 lot's building
envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely
enclose runs (including tops) to protect dogs from possible mountain lion predation. If facilities
are inadequate to contain the resident's dog(s), the animals will be immediately removed from the
--_ == subdivision= until- adequate= struct -ores -can be built. -- - -' - - -- :_- -. -_ -_ -- - - -
-- At no time aie =dogs to be- allowed to run: freely-_ anywhere_on: -VAA_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.
VAA shall be responsible for enforcing dog and pet covenants. Stray dogs may also be controlled
by the Town of Avon and CDOW. Homeowners not in compliance with these dog restrictions will
be responsible for any and all costs incurred by VAA, the County, and /or CDOW for enforcing
these provisions.
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.
- – — Contractors shall-be e ptohibited-'roft bringing dogs onto VAA property,– even-if-they- would-be kept
inside vehicles.
13) FENCING
Fencing on The Village (at Avon) property north of I -70 will be restricted to facilitate local and
- -- migratory- wildlife movements,- optimize habitat availability, and -reduce wildlife mortality. Fencing
approval will be under the purview of the Design Review Board or an Association. Homeowners
will -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:
Wildlife-compatible fencing is limited to a maximum of 3 strands of wire (smooth wire
preferred) or 3 rails. Rails shall not be more that 4 inches tall. 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-- rai- l- ,fenee-shall- not - have -a "- top - -r- ail oriented -- horizontally mhose- .width
perpendicular to the ground exceeds 1 inch. This measure is to prevent snow accumulation
atop the top rail from restricting big game movements. The middle wire strand shall be no
higher than 30 inches above mean ground level, providing .a 12 inch kickspace below the
top strand. 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.
5
Fencing may be subject to more restrictive provisions as stated in the Protective Covenants, Design
Guidelines, or other documents related to the Property.
- -
__14) BEARS AND MOUNTAIN LIONS / TRASH REMOVAL / NUISANCE WILDLIFE
A. Bears and Related Issues
The following measures will be required to reduce potential bear problems:
-- -__ _ _ _ -1_.- ____ - There -shall be no = outside _stor--age of_any.Arash_"r- ar-baae,- no_.matter how
- -- _any = residence or anyw ere= within -_the briefly—(e -.g._- overnight), _at
-- — - -- - - - -- -- development, unless it is contained within individual bear -proof containers
which meet North American Bear Society, CDOW, or U.S. National Park
Service specifications. These containers presently cost - around $300.00 and
can contain one 32 gallon trash can. They are nonmobile and are generally
cemented on a -stand at the junction of a resident's driveway and the local
road. Most homeowners need two containers: _-_-_
2. 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.
3. There shall be no dumps or underground disposal of refuse within the
----- - - - - -- development.- Buried garbage-will attract bears. - .------------ - - - - -- -- - - - - -- -- - - --
4. Residents should be discouraged from using, a garden compost pile, unless
the compost pile is bear- proof, meeting North American Bear Society,
CDOW, -or-U.S-.- National -Park Service specifications: Residents -will 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.
5. Pets shall not be fed outside. Bowls of pet food left on the back deck will
at 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, if the pets aren't eaten.
6...____Wit-h- the - exception- of- b-ir-d- feeders, -the feeding, baiting,salting;_or. other
means of attracting wildlife to individual yards is illegal and will be
prohibited on VAA.
- 7. Homeowners will-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
_L All residents and perspective residents will receive a copy of the CDOW's
brochure entitled "Living With Wildlife In Mountain Lion Country ". One
coPy of the brochure shall he provided to each homeowner at closing
2. With the exception of bird feeders, the feeding, baiting, salting, or other
means of attracting wildlife to individual yards is illegal and will be,
prohibited on VAA.
15) HORSES
- - -- -- - -- — - =- - - - - -- - -- -- -- - -- - - - - -- -
Subject to the VAA PUD Guide and pre- existing uses, there will be no boarding of horses or other
-
livestock, including but -not limited to llamas, -on individual lots or community facilities on VAA.
Any horses owned by residents of VAA will be boarded off -site. VAA residents will 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 property.
16) , WILDLIFE MORTALITY ON LOCAL ROADS
Vehicle speeds on proposed roads within VAA north of Interstate Highway 70 will be slow
enough for motorists to avoid killing most wildlife that may be, crossing roads, provided drivers
are adhering to speed limits. To reduce road mortality associated with speeding, road design is,
recommended (see Section 7 above) to force motorists to obey the speed limit.
VAA 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 personl property and
injury to motorists. VAA residents should be educated about avoiding wildlife mortality on -roads
in any educational information that is developed.
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 will allow populations to grow,
increasing game damage on VAA and adjacent properties., Hunting by authorized VAA residents
or guided guests, could continue on the properties as long as safely allowed. However, it is
required that all prospective hunters must receive permission to hunt a specified area by a single,
authorized VAA staff member. Secondly, VAA will decide what type and level of hunting, if any,
is compatible with their development, what areas may be safely hunted, and when all hunting on
- the-Property will be terminated-as the- Property builds out.- -- - - -- - - -- --
18) EDUCATING RESIDENTS
Homeowners will be educated about wildlife issues on VAA 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.
7
EXHIBIT E
Minimum Design Review Guide Provisions
3sU01 14 M"YFR E -1
EXHIBIT E
THE VILLAGE
(at Avon)
Design Review Guide
I INTRODUCTION
general concept of these guidelines is to provide for certain minimum
guidelines for the design of improvements within The Village (at Avon). 'The
- ,Village (at -Avon) Design. - Review Board will prepare, adopt,_ and utilize_a more
detailed design review, guide. This set of minimum guidelines is intended to
provide certain assurances to the Town of Avon with regard to the matters
covered below.
A. Overall Design 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, —md- adopting= Design
Review Board Rules and Procedures.
B. Purpose of the Guidelines
The purpose of this document is to establish certain minimum design
- - - = guidelines -for�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 that developers, architects, and property
-- - - -- - -owners- review'these-documents prior to making any development/design
decisions. These documents include The Village (at Avon) PUD Guide,
covenants, and Town of Avon building codes.
Contacting The Village (at Avon) Design Review Board and the Town of
- Avon Department of Community- Development- -to -- review- and discuss
these and other pertinent documents is a prudent first step in the
design/development process.
11 DESIGN REVIEW PROCEDURE
The 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 plan and architectural review
should occur as a coordinated process. The applicant should be aware of review,
timetables and should structure plan submissions so that sufficient time for plan
modifications can be scheduled.
A. Pre - Application Conference
Prior to the formal submittal of any request for approval to proceed with
building site improvements, an informal pre - application conference shall
be held between the applicant and the Design Review Board. This
conference shall serve to acquaint the applicant with the Design
Guidelines and to allow staff to become familiar with the applicant's
development 'intent and design philosophy. A schematic site plan and
building concept drawings will aid in discussion at this conference,
however applicants are encouraged not to prepare detailed designs which
might require extensive revision as a result of the pre - application
conference. An applicant should bring the following information in a brief
summary:
• General project concept
• Specific uses proposed, and intensity of use proposed (floor area and
parking demand)
• 'Proposed construction timing
• General concepts concerning building size and exterior materials, and
site plan concepts:
- An exterior materials package including roof material and color,
wall treatment, glass and glazing.
- Site plan concepts including site organization, landscaping,
irrigation, grading, lighting, 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, paving, grading or landscaping proposed on any lot
or parcel of land within The Village ( "at Avon).
The Village (at Avon) Design Review Board will review any building,
building alteration, landscaping, or signage proposed within The Village
(at Avon) will be reviewed for compliance with the minimum guidelines
2
established in this document as wcll as additional guidelines created by
The Village (at Avon) Design Review Board.
111 URBAN DESIGN
Urban Design, as related to these guidelines, refers to all aspects of the
development, excluding architecture, within the urbanized area of The Village (at
Avon) south of interstate Highway 70. It includes the relationship of building to
site and, outdoor spaces, parking areas and access, pedestrianways and sidewalks,
- - - --- landscaping,-- streetscapes -and- street - furniture; sculpture, = signs; - fencing; = =and
- - -- lighting. - Generally all-those elements- that -create-the -image of a -Town -and how
they are combined are considered the Urban Design.
A. - General Design Considerations
Surrounding the buildings and along the public ways, landscape plantings,
walks, public lighting, site furnishings, and signage should - create a year -
round, coherent and festive atmosphere. It, is the combination of the
architectural and landscape styles that will - create The Village (at Avon).
Landscaping should be considered an integral part of the'design of all
-- — projects.- Ii�lVldual properties - should- be-designed- to- respect-and- enhance
the design of streetscapes. The most, appropriate shrubs and trees are
_ - - those that are known -to be-- Hardy, and-wMr"ave-a- rya- appearance-
within Avon's mountain- valley location. •
B. Area Wide Guidelines
Siting Conditions
Buildings and other improvements should be individually designed for the
site on which they are to be placed. The site and'its relationship to other
structures, scenic values, views and climatic 'orientation should be the
dominant factors in the design and siting of buildings. Pedestrian
accessways should be incorporated into the site designs.,
- - - desian- conform to
_- _-- Buildin g s—and --im rovements- should- be
_ the terrain and to take advantage of views: Terraced buildings and parking
will minimize site disturbance, provide less costly construction and
provide'opportunities for privacy and views by grade separation.
Passive solar design as a component. of the architectural design, of
individual buildings is encouraged.
3
The use of sun 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 courtvards 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 full
_use during the extreme heat of summer months and take, advantage of
warm winter days. North facing entries and outdoor spaces should be
carefully- considered because of winter conditions.
- --- - -- Complete-vehicular circulation, including back up and turn around areas,
if applicable must be provided. Permanent parking areas must be
concrete, asphalt, or other hard surface with spaces clearly marked. Two
handicapped stalls per each 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 to
provide for safe and reasonable maneuverability of vehicles.
Striping:
All parking spaces within permanent paved parking areas must be striped
----in--a- mariner clearly showing the layout-of tai -e-intended -stall. - --
Maintenance:
All parking areas must be maintained in a safe and sanitary condition and
kept in good repair. Provisions should be made for the plowing of snow
from all outdoor surface - parking areas.
Parking Area Landscape:
Parking area interior landscape can be confined to islands. Trees, flowers,
grasses and shrubs are recommended for these islands.
Drainage:
The builder is responsible for preventing erosion of the site both during
construction and after the project is complete. Runoff of silt, debris or
- - - sedimentation onto adjacent streets, gutters, sidewalks, rights -of -way,
storm drain systems or adjacent properties should be avoided. The Town
of Avon's stormwater and drainage manual should be reviewed and used
as a guideline. -- - - - - - -- ---- - -
Drainage into common open space areas is not allowed except in planned
drainage channels or drainage easements.
4
Drainage swales should not surface drain across major walkways or trail
systems. Drainage can be piped or rock lined if flows are significant
and/or if it flows into natural channels.
Parkins bays and walkways should not slope toward the building without
adequate provisions for draining storm water away from the structure.
All paved areas must be sloped to properly drain.
- v =- Paved = -areas = = must =,be- designed --to=- carry -- surface .water, =to- -the nearest
_ - _ - -- practical- street;- storm - drain- or-natural --- water- course -approved -by -the
Design- Review Board. -- Concentrated flows-of water from-parking areas
should be- collected in an appropriate manner..
A detailed drainage study, if deemed appropriate, must be prepared by a
Civil Engineer and submitted to the Design Review Board for approval.
Planting:
All landscape development, including specific landscape elements such as
planters, retaining walls, and berms must be approved by the Design
Review Board.
- - Plant- inateria-1 selection and placement -must - ensure - safe - sight -lines to
traffic and signs. Care should be taken that no hazards are created for
- - - -- -
pedestrians -and vehicles by- plant - litter: -- - - - - -- - - - --
Plants are to be installed and maintained according to sound horticultural
practices. Plantings must be consistent in quality and character with an
approved materials list by the Design Review Board.
Shrub planting beds can be mulched to prevent erosion and help retain
moisture.- All planting beds can be contained on all sides by a hard edge
(i.e. sidewalk, wood, or steel edging, building, or curb). Snow loading
should be considered when locating shrub areas so as to, avoid winter
damage to plants. Shrubs should be a minimum size of five gallon.
Hedges, in winter, become snow fences and must be placed accordingly.
Trees: - - - -- -
-- Trees must be- planted - -to provide- for -tree growth without- disruption of
adjacent areas.
Each tree or tree "clump" must be no smaller than two inches in caliper.
Replacement, if necessary, and maintenance of each tree is the
responsibility of the builder., Dead trees must be replaced promptly with a
tree of the same type, quality and size.
5
Trees should be chosen and located to' provide a; function such as
screening. shade. view enframement or accent.. Accent plantings can
occur at locations such as building entries, parcel entries or pedestrian
areas.
Care should be taken when selecting and locating trees -so that Evergreen
-- tr -ees- _don't s}gni- ficantl- y_shade- sets -in_ winter creating hazardous icing
conditions; nor should they block south facing windows limiting solar
- - -- - access.- - - - - -- - - - - -- -- - - -- --
- - - --
- - -- - - - - - -- -- - - -- -- - - -
Mulches:
-Mulches can be utilized to treat the areas around tree and shrub plantings
in all zones. Rock mulch is discouraged adjacent to asphalt areas.
Grasses:
Grasses can be used in several situations, two of which are:
• In large open areas as a soil stabilizing agent and for visual effect
(primarily'viewed from vehicular traffic).
• Close to pedestrian areas where visual relief from extensive pavement
is desired.
- In large open „areas numerous grass mixes can be considered:-, -Thought --, -
should be given to water requirements and availability, mintenance
requirements, potential fire hazard of dry grass, and visual effect desired.
In these areas, rough grass mixes could be utilized. Native grasses and
wildflowers/bulbs require less water, less mowing and lend themselves
well to the perimeter areas, and when utilized, should be selected to match
- adjacent native- grasses.
In more intensively developed areas with pedestrian traffic anticipated,
bluegrass mixes can be utilized to provide a lush, green appearance.
Bluegrass mixes require more water and mowing than rough or dryland
grasses and should be used judiciously.
Irrigation is required in all formal landscaped areas. The intent is to keep
the plant material healthy in appearance by meeting . plant water
requirements for proper 'growth and development. The type of irrigation
will be determined by the intensity of landscape development -and the
associated water requirements of the plant species. For example, parking
lot islands that contain only river rock mulch and trees may receive a drip
irrigation system whereas plazas that have bluegrass, as well as trees and
shrubs will require more traditional irrigation systems.
0
Suggested irrigation techniques depending on the intensity of landscape
development include the following:
• Automatic spray irrigation system
• Manual spray irrigation system
• Automatic trickle irrigation system
:= = Quick couplersysterr - -- - - =- - _ - - -= - -_ -- - - - -_- -
Exterior Furnishings:
Within the landscape, three- dimensional objects are the, most readily
perceived. Careful design and use of these elements in the public and
semi- public-areas is critical in order to convey permanence and identity, as
well as -theme. Furnishings should . be provided, as appropriate and
establish character through a unified design vocabulary, and provide
strong visual continuity while fulfilling functional requirements.
Mechanical Screening:
Ground - mounted equipment such as power transformers and air handling
equipment must be screened from public view by either materials integral
with .the building, a fence or landscaping, all of which must be approved
by the Design Review Board prior to construction.
Utility boxes should be located away from buildings, toward parcel
property lines or painted to match surroundings. In all cases, plant
material must be used to screen these boxes. - Fencing may be used in
combination with plant materials. Phone pedestals, meters and
transformers will, whenever possible, occur to the side and rear of
- buildings.
Vacuum breakers (irrigation equipment) will be located below grade in
inspection pit housings or adequately screened by`landscaping.
_ Trash D_umpsters:
Trash dumpsters shall be properly screened on all sides and enclosed'by a
roof if located outside.
Screening and fencing:
Service "Area Screening - All service areas are to be properly screened
from adjacent land uses.
6
Lighting:
The lighting systems will serve functional and aesthetic roles. These
include:
• To provide security and visual safety.
• To-serve as directional indicators for both vehicular and pedestrian
traffic.
• To provide extended outdoor use time, particularly in pedestrian
gathering areas.
To- reiriforce -the ideniityand characferthrough- form, color and_ -
materials of fixtures, visuanighf quality and placement. --
In all commercial /retail and office parcels, lighting plans must be
approved by the Design Review Board.
Pedestrian Scale Lighting:
The use of -low level light sources at the 'pedestrian scale to. accent or
illuminate the ground plane provides a special opportunity to reinforce the
unique identity and "sense of place" found in the area. This is achieved by
a variety of lighting fixture types and lower mounting heights. At night;
these design elements provide light for safety and aesthetic effect. By day,
the physical, shapes and sizes lend animation and scale to pedestrian
spaces. Fixtures at a height of 16" can be utilized to illuminate pedestrian--'- -- -
traffic areas.
Additional pedestrian scale lights may be utilized, including smaller
bollard light (42" height) and canister type lights on overhead structures.
Handicapped considerations:
Consideration for the handicapped should be a part of the design process
-,for-any project in accordance with appropriate ADA standards.
IV TECHNICAL DESIGN RECOMMENDATIONS
Grading and Drainage
The, following grades should be observed:
• Ground shall slope away from all buildings at -a minimum of'six inches (6 ")
in ten feet (101).
• All planted areas should drain at a minimum of two percent (2 %). Maximum
— slopes -on planted areas should be 2:1 (grass 4:1).
• All paved streets and driveways with curb and gutter should drain at a
minimum of one -half percent (1/2 %). 1 1
8
• All walkways and other paving should drain at a minimum of one percent
(1%). Maximum ramp grade should be eight percent (8 %). Walkway slopes
should be kept to a minimum to ensure pedestrian safety in the winter.
- • All- parking - bays - should drain -at--a minimum of one -half percent (1/2 %).
Maxinwin grade should be five percent (5 %). to ensure pedestrian safety on
ice and snow.
Landscaping .(recommended_plant:materials
Deciduous Trees:
• Ash
• Aspen
• Cottonwood
Evergreen Trees:
• Blue Spruce
• Douglas Fir
• Ponderosa Pine, Limber pine
-- Deciduous - Shrubs:
• Buffalobenry
- -- - - -- -- • - Common - Lilac— -
• Mountain Mahogany
• Potentilla
Evergreen Shrubs:
• Juniper
• Yucca
Ground covers/Flowers:
• _Artemesia
• Daylily
• Mahonia
Grasses:
• Blue Stem,
• Blue Grama
• Buffalo Grass
• Fescue
• Hackberry'
• Willow
• Snowbenry
• Sumac
• Willow
• Perennials
• Wildflowers
9
Recommended Mulches:
Signs : -
• Cobble: Four to, six inch (4 "- 6 ") average diameter; tan or gray in color.
Cobble should be infilled with one- quarter inch (l /4 ") pea gravel to inhibit
weak growth.
• Washed River Rock: One -half to three - quarter inch (1/2" -'/4 ") average
diameter, smooth and tan or gray in color. Gravel should be installed a
minimum of three inches (3") deep.
• Wood chips, Pole Peelings or Equal: Free of sticks or litter and should be
installed -a= minimum -of -three inches (3 ") -deep:
The purpose of these criteria is to establish design standards that insure the owner
and tenants identification and visual continuity. Unless otherwise approved by
the Design Review Board as part of a unified signage plan for a particular project;
the following sign standards shall apply:
Prospective owners and tenants should review the criteria and then co- ordinate
directly with a selected sign contractor. After a drawing has been prepared which
meets.tenant's approval, final drawings should be submitted to the Design'Review
- -- -- - - - - - --
Board for approval.
Drawings' should indicate size, color, type face, illumination, locations, layout,
installation method, I and any other pertinent information. Material and color
samples should also, be submitted.
General Sign Recommendations:
• No animated, flashing, time/temperature or audible signs will be permitted.
• All signs and their installation must comply with all local building and
- electrical codes and bear the UL label.
• There must be no exposed raceways, cross - overs, conduits, conductors,
transformers, or junction boxes.
• Rotating signs will not be permitted.
• No sign may extend above the roofline of the building.,
•. The letter style, color, and material may be selected by tenant with approval by
the Design Review Board. Highly stylized or extremely ornate type faces will
not be allowed, unless it is an established trademark.
• No advertising placards, banners, pennants, insignia, trademarks or other
descriptive material can be affixed or maintained along the glass panels and
supports of shop windows and doors or upon the exterior walls of the
building.
10
• No sign manufacturer's labels or other identification will be permitted on the
exposed surface of signs, except those required by local ordinance which must
be in an inconspicuous location.
- • -No sign, advertisement, billboard or advertising structure of any kind may be
displayed for public view on any portion of the properties or on any lot except
in accordance with the standards set by, and with the prior written approval of
the Design Review Board.
• A11 Signs must conform to prescribed setback and sight lines unless otherwise
authorized.
Commercial/Retail Signs:
The length of total sign must not exceed 1/3 of the retail store frontage. The area
of the sign must not exceed 10% of the storefront 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 ", etc.).
_- Reiii1h mmercial shops at corner locations will be allowed no more than three
signs (two fascias and one arcade). Shops in all other locations will be permitted
only two signs (one fascia and one arcade).
Free - standing buildings having four (4) exposed elevations will be allowed to
have signs only on two primary, exposed elevations, unless otherwise' approved by
the Design Review Board.
Office Signs:
Signs for office structures are to be monument type. Maximum height allowance
will be six feet (6) with twelve feet (12') as a maximum horizontal dimension.
General Lighting Recommendations:
• Illuminating Engineering Society Criteria and Standards will prevail.
• Average foot candle levels will apply:
Arterial —1.0
Collector — 0.6
Local Road — 0.4
Commercial/Business Parking Lots — 0:6
it
• Minimum foot candle levels must be approximately 1/3 -'/4 of the average foot
candle level.
• A minimum uniformity ratio of 3:1 must be maintained.
- • - Light poles -will be-a- maximum of 351, steel, - aluminum or fiberglass poles.
• High pressure sodium (lips) lamps will be used
• Controls should be light sensing types and integral to,the fixture.
12
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W
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 13th DAY OF OCTOBER
1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING
THE ADOPTION OF ORDINANCE NO. 98 -16 SERIES OF 1998:
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT PLAN AND
DEVELOPMENT STANDARDS FOR THE VILLAGE (AT AVON) (THE "PUD PLAN "),
WHICH ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED TO THE TOWN
OF AVON, EAGLE COUNTY, COLORADO (THE "TOWN ") THROUGH TOWN OF AVON
ORDINANCES NUMBERS 98 -14 AND 98 -15 (COLLECTIVELY, THE "PROPERTY"), AND
APPROVING A SITE SPECIFIC DEBELOPMENT PLAN ESTABLISHING A VESTED
PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., TOWN OF AVON,
EAGLE COUNTY, COLORADO
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
,. Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 23rd day of September, 1998.
TOWN OF AVON, COLORADO
BY:
c Mays
Deputy Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
September 2 ;� A 998:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY