TC Ord. No. 2012-10 Implementing the settlement term sheet to resolve pending litigation CV385/CV316TOWN OF AVON, COLORADO
ORDINANCE 12 -10
SERIES of 2012
AN ORDINANCE IMPLEMENTING THE SETTLEMENT TERM SHEET TO
RESOLVE PENDING LITIGATION 2008 CV 385 AND 2010 CV 316;
APPROVING THE CONSOLIDATED, AMENDED AND RESTATED
ANNEXATION AND DEVELOPMENT AGREEMENT; APPROVING
ACCEPTANCE OF REAL PROPERTY AND EQUIPMENT; APPROVING THE
ACCEPTANCE AND CONVEYANCE OF WATER RIGHTS; APPROVING AN
AMENDMENT TO THE VILLAGE (AT AVON) PLANNED UNIT
DEVELOPMENT (PUD); APPROVING THE TRAER CREEK PLAZA
CONDOMINIUM PLAT; APPROVING A REPLAT OF LOT 1; APPROVING
AMENDMENTS TO CHAPTER 18 OF THE AVON MUNICIPAL CODE; AND
TAKING SUCH OTHER ACTIONS AS SET FORTH HEREIN TO IMPLEMENT
THE SETTLEMENT TERM SHEET.
WHEREAS, the Town of Avon ( "Town "), Traer Creek Metropolitan District ( "TCMD "),
Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability
Company, Traer Creek -HD LLC, Traer Creek -WMT LLC, (collectively the "Traer Creek
Parties "), BNP Paribas ( "BNP ") and Eagle County are parties to the consolidated litigation
Civil Action No: 2008 CV 385 and Civil Action No: 2010 CV 316 ( "Litigation ");
WHEREAS, on October 7, 2011 Town, TCMD, the Traer Creek Parties, and BNP entered
into the Settlement Term Sheet ( "Settlement Term Sheet ") in an effort to resolve pending
litigation No. 2008 CV 385 and 2010 CV 316, Eagle County District Court;
WHEREAS, the Settlement Term Sheet and the documents contemplated in the Settlement
Term Sheet require the Town to approve several and various actions which are all related to and
necessary for implementation of the Settlement Term Sheet;
WHEREAS, in order to facilitate concurrent action with respect to the various documents
implementing the Settlement Term Sheet, the parties to the Settlement Term Sheet intend to
execute the Receipt and Escrow Agreement Pertaining to the Village (at Avon) Settlement
Implementation as approved by this Ordinance and defined in Section 2 below, by which all
documents implementing the Settlement Term Sheet, including without limitation, the
Development Agreement, shall be deposited into escrow and released in accordance with the
terms of such Escrow Agreement at the appropriate time; and
WHEREAS, the Town of Avon approved a PUD and corresponding PUD Guide for the
Village (at Avon) PUD by Ordinance No. 98 -16;
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WHEREAS, the Town of Avon approved administrative amendments Village (at Avon)
PUD Guide Administrative Amendment No. 1 on May 21, 2001, Village (at Avon) PUD Guide
Administrative Amendment No. 2, on February 13, 2002, Village (at Avon) PUD Guide
Administrative Amendment No. 3 on May 15, 2002, and Village (at Avon) PUD Guide
Administrative Amendment No. 4 on May 15, 2002;
WHEREAS, the Town of Avon approved Village (at Avon) PUD Guide Formal
Amendment No. 1 by Ordinance No. 06 -16 and 06 -17;
WHEREAS, the Town of Avon approved an Annexation and Development Agreement for
the Village (at Avon) by Ordinance No. 98 -17;
WHEREAS, the Town of Avon approved the First Amendment to the Annexation and
Development Agreement by Ordinance No. 01 -16, the Second Amendment to the Annexation
and Development Agreement by Ordinance No. 03 -08, and the Third Amendment to the
Annexation and Development Agreement by Ordinance No. 04 -17;
WHEREAS, Traer Creek, LLC ( "Applicant ") has submitted an application to amend the
Village (at Avon) Annexation and Development Agreement and to amend the Village (at Avon)
Planned Unit Development Guide and Master Plan Map;
WHEREAS, the Applicant submitted to the Town a draft of the Consolidated, Amended,
and Restated Annexation and Development Agreement ( "Development Agreement ");
WHEREAS, the Town Council of the Town of Avon held a public hearing for the
Development Agreement on September 11, September 25, October 9, October 23, and November
7, 2012 after posting notice as required by law, considered all comments, testimony, evidence
and staff reports provided by the Town staff prior to taking any action on the Development
Agreement amendment application;
WHEREAS, the Town Council finds that the approval of the Development Agreement will
implement the Settlement Term Sheet in part and further adopts the findings as state in the
recitals to the Development Agreement;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings
for preliminary planned unit development review on June 5 and June 11, 2012, after publishing
and posting notice as required by law, considered all comments, testimony, evidence and staff
reports provided by the Town staff, considered such information prior to formulating a
recommendation, then took action to adopt findings of fact and make a recommendation of
approval to the Town Council;
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WHEREAS, the Town Council of the Town of Avon held public hearings for preliminary
planned unit development review on June 26 and July 10, 2012, after posting notice as required
by law, considered all comments, testimony, evidence and staff reports provided by the Town
staff prior to taking any action on the preliminary Village (at Avon) PUD amendment
application;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings
for final planned unit development review on August 7, August 13, August 21 and August 27,
2012, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to adopt findings of fact and make a
recommendation of denial to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing for final planned
unit development review on September 11, September 25, October 9, October 23, and November
7, 2012, after posting notice as required by law, considered all comments, testimony, evidence
and staff reports provided by the Town staff prior to taking any action on the final Village (at
Avon) PUD amendment application;
WHEREAS, the Town Council finds the PUD Amendment application for the Village (at
Avon) complies with the review criteria set forth in Sections 7.16.060(a), (b), (e)(4) and (f)(5) as
more particularly described in the Findings of Fact attached as Exhibit A;
WHEREAS, with regard to the Traer Creek Plaza Condominium Plat, the Settlement Term
Sheet contains the following condition: "Avon must approve the Traer Creek office
building /parking garage condominium application such that the ownership of the parking
garage as established in the pertinent existing instruments between Developer and the District
are recognized and established as condominium interests. This is required to obtain legal
opinions of the re -issue of the District's bonds ";
WHEREAS, on March 22, 2012, Traer Creek Plaza LLC submitted an application for the
Traer Creek Plaza Condominium Plat, located in Section 7, Township 8 South, Range 81 West of
the 6 t ' P.M., Town of Avon, Eagle County Colorado, also known as 0101 Fawcett Road;
WHEREAS, the Traer Creek Plaza Condominium Plat is necessary to implement the
Settlement Term Sheet and complies with the requirements for consideration as a minor
subdivision and combined preliminary plat and final plat;
WHEREAS, the Town Council of the Town of Avon held a public hearing for review of the
Traer Creek Plaza Condominium Plat on May 8, 2012, after posting notice as required by law,
continued such public hearing to May 22, 2012, and considered all comments, testimony,
evidence and staff reports provided by the Town staff prior to taking any action on the Traer
Creek Plaza Condominium Plat application;
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WHEREAS, the Town Council finds the Traer Creek Plaza Condominium Plat is in
conformance with the review criteria in Sections 7.16.070(e) Preliminary Plat Review Criteria
and 7.16.070(f), Final Plat Review Criteria, Avon Municipal Code;
WHEREAS, the Town Council of the Town of Avon held a public hearing for minor
subdivision plat review for the SECOND AMENDED FINAL PLAT, THE VILLAGE (at Avon)
FILING 1, A RESUBDIVISION OF LOT 1 on October 9, October 23, and November 7, 2012,
after posting notice as required by law, considered all comments, testimony, evidence and staff
reports provided by the Town staff prior to taking any action on the Village (at Avon) PUD
amendment application;
WHEREAS, Section 7.16.070(d)(2) states that minor subdivision applications may be
approved by ordinance;
WHEREAS, the Town Council finds the SECOND AMENDED FINAL PLAT AMENDED
FINAL PLAT, THE VILLAGE (at AVON) FILING 1, A RESUBDIVISION OF LOT 1 is in
conformance with the review criteria in Sections 7.16.070(e), Preliminary Plat Review Criteria,
and 7.16.070(f), Final Plat Review Criteria, Avon Municipal Code;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Closing Escrow Agreement The Receipt and Escrow Agreement Pertaining to
the Village (at Avon) Settlement Implementation ( "Closing Escrow Agreement "), attached
hereto as Exhibit B, is hereby approved. The Mayor and the Town Clerk and their respective
designees are authorized to execute the Closing Escrow Agreement. The Town Council may
approve amendments and/or extension to the Closing Escrow Agreement by Resolution at any
time prior to the earlier to occur of the Implementation Date or the Outside Date as defined in the
Closing Escrow Agreement. The Town Council may approve documents requiring Town
approval as designated in the Closing Escrow Agreement by Resolution or Motion. This
Ordinance shall be effective for the purpose of Council taking final action on second and final
reading for the purpose of any appeal, legal challenge and referendum as set forth in Section 17
below; however, the Ordinance shall not become binding on the Town and shall not benefit or
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V8 12 -11 -07 FINAL
burden the applicable property or parties until the Implementation Date as defined in the Closing
Escrow Agreement. This Ordinance, every approval in this Ordinance and every document
approved by this Ordinance, shall all become automatically void ab initio and treated as invalid
from the outset if the Implementation Date has not occurred prior to the Outside Date as such
capitalized terms are defined the Closing Escrow Agreement.
Section 3. Approval of Development Agreement The Consolidated, Amended and
Restated Annexation and Development Agreement is hereby approved. The Mayor and the
Town Clerk and their respective designees are authorized to execute the Development
Agreement, attached hereto as Exhibit C.
Section 4. Acceptance of Property The Town Council hereby accepts the conveyance of
real property, easements and equipment described as follows and in the form attached to this
Ordinance, provided that the final acceptance of documents shall be subject to review by the
Town of any title reports or title insurance commitments that the Town may desire to determine
that title is acceptable to the Town, shall be subject to physical inspection of such properties,
including but not limited to soils testing and environmental investigations, shall be subject to
further negotiations which Town may seek concerning restrictions, reversions, encumbrances
and other rights and obligations which may be contained in the documents, and shall be subject
to review of additional revisions which may be requested by other parties to such conveyance
documents. Town Council may approve amendments and/or revisions to these documents
conveying property by Resolution at any time prior to the Outside Date as defined in the Closing
Escrow Agreement.
(a) Planning Area B by Special Warranty Deed as set forth in Exhibit D -1;
(b) Access Easement to Planning Area B as set forth in Exhibit D -2;
(c) Planning Area E by Special Warranty Deed as set forth in Exhibit D -3;
(d) Public Road Tracts by Special Warranty Deed as set forth in Exhibit D -4;
(e) Bill of Sale for Road Improvements as set forth in Exhibit D -5;
(f) Partial Assignment of Amended and Restated Conveyance of Roadways and Easements
as set forth in Exhibit D -6;
(g) Amended and Restated Nottingham Dam Easement and Asignment Agreement as set
forth in Exhibit D -7;
(h) Wet Well Easement Agreement as set forth in Exhibit D -8;
(i) Bill of Sale for Wet Well Improvements as set forth in Exhibit D -9;
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(j) Tract G by Special Warranty Deed as set forth in Exhibit D -10; and,
(k) Bill of Sale for Water Dissipater asset forth in Exhibit D -11.
Section 5. Acceptance and Conveyance of Water Rishts The Town Council hereby
accepts conveyance of water rights from Traer Creek Metropolitan District and Reconveyance of
such water rights to the Upper Eagle River Water Authority as set forth in Exhibit E to this
Ordinance provided that the final acceptance of documents shall be subject to review of
additional revisions which may be requested by other parties to such conveyance documents.
The Mayor and Town Clerk and their respective designees are hereby authorized to execute all
documents to effectuate such acceptance and conveyance of water rights.
Section 6. Amendment to Village (at Avon) PUD The Village (at Avon) Amended and
Restated PUD Guide and Village (at Avon) PUD Master Plan amendments are hereby approved
as such amendment is set forth in Exhibit F.
Section 7. Approval of Traer Creek Plaza Condominium Plat The Traer Creek Plaza
Condominium Plat is hereby approved as attached hereto as Exhibit G.
Section 8. Repeal of Ordinance No. 06 -17 Ordinance 06 -17 "An Ordinance Approving,
with Conditions, a PUD Amendment Application Amending the Village at Avon PUD
Development Plan by Relocating Planning Area G, from Planning Area RMF -1, Filing 3, Village
at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision," adopted by the
Town Council on January 23, 2007, is hereby repealed in its entirety.
Section 9. Approval of Replat of Lot 1 The SECOND AMENDED FINAL PLAT
AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1, A RESUBDIVISION OF
LOT 1, ( "Replat of Lot 1 ") attached hereto as Exhibit H, is hereby approved. The Mayor and
Town Clerk and their respective designees are hereby authorized to execute the Replat of Lot 1.
Section 10. Amendment to Title 18 . Avon Municipal Code Section 18.01.120 is hereby
amended by the adoption of subsection 18.01.120(e) to read as follows:
"(e) Notwithstanding any other provision in this Title 18, any provision
concerning material modification of Service Plans set forth in this Title 18,
including compliance, modification, definition, applicability, enforcement and
procedures, shall not apply to the Traer Creek Metropolitan District and The
Village Metropolitan District and all matters concerning material modification by
the Traer Creek Metropolitan District and The Village Metropolitan District shall
be governed by the Colorado Revised Statutes as may be amended from time to
time."
Section 11. Correction of Errors Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
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V8 12 -11 -07 FINAL
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 12. Severability No provision of this Ordinance shall be severable. If any
provision of this Ordinance is for any reason held to be invalid, such invalidity shall affect the
entirety of this Ordinance, and all documents and exhibits to documents approved by this
Ordinance, and shall render the entire Ordinance invalid, without and void ab initio.
Section 13. Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter for the purposes of final action as
described in Section 16 below. Notwithstanding the foregoing, the effectiveness of this
Ordinance shall be subject to Section 2 above, provided that neither this Ordinance nor any of
the instruments approved hereby shall be recorded against, be binding upon, benefit or burden
the property known as The Village (at Avon) or be binding upon any party until the occurrence,
if any, of the Implementation Date in accordance with the terms of the Closing Escrow
Agreement.
Section 14. Safety Clause The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 15. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours. The Town Clerk is further ordered to publish a
notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2)
of the Avon Municipal Code.
Section 16. Right of Referendum The right of referendum shall run thirty days from the
date of publication of the notice that a vested property right has been granted in accordance with
Section 7.16.140(d)(2)(iii) of the Avon Municipal Code.
Section 17. Final Action Approval and final adoption of this Ordinance on second reading
constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
[EXECUTION PAGE FOLLOWS')
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V8 12 -11 -07 FINAL
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on October 9, 2012 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on October 23, 2012, at 5:30 P.M. in the Council Chambers, Avon
Municipal Building, One Lake Street, Avon, Colorado.
'' ME 1 01 1
Published b pds&riii�t lLsf t
Clerk at lea seven days priorto
ATTEST: COLOR ' (3
tty�McKgnny, T
Rich Carroll, Mayor
public places in Town and posting at the office of the Town
1 action by the Town Council.
. y -
W
Tf5Wn Attorney
INTRODUCED, FINAILLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the r7 ` — day of �l , 2012.
Rich Carroll, M yor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk. Ofiq�60,
.S EA L
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V8 12 -11 -07 FINAL
AVON TOWN COUNCIL Q
FINDINGS OF FACT AND RECORD OF DECISION AV " 1,
CONCERNING THE FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
APPLICATION FOR THE VILLAGE (AT AVON), THE CONSOLIDATED AMENDED
AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT AND THE
AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1, A RESUBDIVISION
OF LOT 1
The following findings of fact and record of decision are made in accordance with Avon
Municipal Code Section 7.16.060(e)(3), Reviewing Authority:
1. Settlement Term Sheet The Avon Town Council approved a Settlement Term Sheet on
October 7, 2011, with Traer Creek LLC, Traer Creek Metropolitan District, BNP Paribas,
and other parties to the consolidated cases 2008 CV 385 and 2010 CV 316 pending in
Eagle County District Court. Implementation of the Settlement Term Sheet included in
part the preparation of an application to amend the Village (at Avon) Planned Unit
Development Guide and Development Plan in order to implement various terms stated in
Schedule 3 of the Settlement Term Sheet.
2. Application Submitted A preliminary PUD Application ( "Application "), consisting of
an Amended Planned Unit Development Guide for the Village (at Avon) ( "Amended
PUD Guide "), was submitted to the Community Development Department of the Town
of Avon ( "Town ") on March 23, 2012 by Harvey Robertson of RMT Architects,
representing the owners of the Village (at Avon) property ( "Applicant ").
3. Determination of Completeness Pursuant to Avon Municipal Code ( "AMC ")
§7.16.020(c)(1), a determination of completeness was submitted to the Applicant by letter
from Matt Pielsticker of the Community Development Department on April 3, 2012,
within ten (10) days of the application submittal. The Applicant was informed that items
remained outstanding.
4. Town Staff Initial Comments Town staff provided the Applicant with initial
comments on April 27, 2012. A letter from Eric Heil, Town Attorney, provided initial
comments regarding title insurance exceptions. Additional comments were provided by
Matt Pielsticker of Community Development Department and Justin Hildreth of the
Engineering Department.
5. Preliminary PUD Application Complete On May 7, 2012 the Application was
determined to be complete.
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Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 1 of 22
6. Referral to other Agencies The Amended PUD Guide was referred electronically via
the Town's website, www.avon.org/referral to other agencies for review and comment
on May 8, 2012 pursuant to AMC §7.16.020(c)(2). The following agencies were notified
for referral: Eagle County Planning, Eagle County School District, ECO Trails, Eagle
River Water & Sanitation District, Eagle River Fire Protection District, United States
Forest Service, Department of Transportation, Eagle County Health Service District,
Department of Wildlife, Colorado State Land Board, Colorado Geological Survey,
Colorado Mountain College, Eagle -Vail Metropolitan District, Eagle County Sheriff,
ECO Transit, Eagle Valley Library District, Upper Eagle Regional Water Authority,
Buffalo Ridge Affordable Housing Corporation, Buffalo Ridge II, Xcel Energy, Holy
Cross Electric, Comcast, Beaver Creek Metropolitan District, Beaver Creek Property
Owners Association, Beaver Creek Resort Company, Vail Resorts, Union Pacific
Railroad, and the Public Utilities Commission. Referral comments were due May 29,
2012, twenty -one (21) days after referral.
7. Staff Comment Letters to Applicant On May 17, 2012 Matt Pielsticker of the
Community Development Department submitted revised Initial Review Comments to the
Applicant. On May 21, 2012 Town Engineer Justin Hildreth submitted his second round
of comments on behalf of the Engineering Department to the Applicant.
8. Joint Work Session with Town Council On May 8, 2012 Planning and Zoning
Commission ( "PZC ") and the Town Council held a joint work session for an introductory
presentation of the Amended PUD Guide and the Consolidated Amended and Restated
Annexation and Development Agreement and overview of the review schedule. Version
8 of the Amended PUD Guide was submitted to both bodies at the May 8, 2012 meeting.
9. Notice of Public Hearing On May 24, 2012, pursuant to §7.16.020(d)(2), a notice of
public hearing was mailed to all real property owners within three hundred (300) feet of
the Village (at Avon) PUD property for the June 5, 2012 PZC meeting to review the
Traer Creek LLC Village (at Avon) Preliminary PUD application. On May 25, 2012,
pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for
the June 5, 2012 Planning and Zoning Commission meeting to review the Traer Creek
LLC Village (at Avon) Preliminary Planned Unit Development application.
10. Referral Comments Received Two referral comments were received by the
Community Development Department on May 29, 2012, including: A comment letter by
Eagle County School District Board signed by President Jeanne McQueeny and a
comment letter by Colorado Parks and Wildlife signed by Department Area Wildlife
Manager Perry Will. Colorado Parks and Wildlife submitted comments regarding
impacts on habitat and wildlife and lack of additional mitigation measures to reduce the
impacts. The Eagle County School District Board submitted comments regarding
amendments to the VAA PUD to change the school site dedication requirements.
11. Staff Report to PZC Matt Pielsticker submitted a Staff report to the PZC dated June 1,
2012. On May 31, 2012, the Applicant submitted Version 9 of the Amended PUD Guide.
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 2 of 22
Due to the receipt of the Version 9 of the Amended PUD Guide late in the day on May
31, 2012, staff was not able to review the changes in Version 9 and include such changes
in the Staff report analysis for the application. At the request of Town staff, the
Applicant submitted a memorandum on June 1, 2012 detailing revisions to Version 8 that
are reflected in Version 9.
12. Preliminary Public Hearing before the Planning and Zoning Commission On June
5, 2012 the PZC held a public hearing on the Application and reviewed the Application
for approximately four (4) hours. The PZC continued the public hearing to June 11, 2012
in order to further review the Application.
13. Applicant Response to Staff Comments On the morning of June 8, 2012,
representatives of the Applicant and Town staff participated in a four (4) hour conference
call with the Applicant for the purpose of clarifying, addressing and resolving staff
comments. On June 8, 2012 and June 9, 2012 the Applicant submitted memorandums
detailing responses to staff comments on Versions 8 and 9.
14. Continued Preliminary Public Hearing On June 11, 2012 the PZC conducted the
continued public hearing and continued with further review of the Amended PUD Guide
for approximately six (6) hours. At the conclusion of the meeting, PZC noted that PZC
was not able to conduct a complete review of the Application but due to the stipulated
schedule submitted to the Eagle County District Court, took action to provide
recommendations related to Vested Property Rights, School site dedication, Planning
Area J, DRB Powers, and Parkland Dedications. The PZC listed sixteen (16) issues that
were not addressed given the amount of time afforded.
15. Notice of Public Hearing. On June 8, 2012, pursuant to §7.16.020(d)(2), a notice of
public hearing was mailed to all real property owners within three hundred (300) feet of
the Village (at Avon) PUD property for the June 19, 2012 Town Council meeting to
review the Traer Creek LLC Village (at Avon) Preliminary PUD application. On June 8,
2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail
Daily for the June 19, 2012 Town Council meeting to review the Traer Creek LLC
Village (at Avon) Preliminary Planned Unit Development application.
16. Preliminary Public Hearing with Town Council. On June 19, 2012 the Avon Town
Council held a public hearing on the Application and reviewed the Application for
approximately five (5) hours. The Council received substantial public input from five (5)
members of the public. The Council continued the public hearing to June 26, 2012 in
order to further review the Application, then continued the public hearing to July 10,
2012.
17. Preliminary PUD Approval. The Preliminary PUD Amendment Application was
approved by the Town Council on July 10, 2012. In accordance with AMC Section
7.16.060(e)(3) the approval of the Preliminary PUD granted the applicant the right to
submit a Final PUD development plan. All information submitted to the Town by the
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 3 of 22
applicant, all comments from referral agencies, all staff reports and all public comments
submitted to the Town which were part of the record for the Preliminary PUD Approval
are hereby included and are part of the record for Final PUD Approval.
18. Staff Comment Letters to Applicant Town Staff provided the Applicant with
comments on July 17, 2012. A letter from Eric Heil, Town Attorney, provided additional
follow -up comments on Version 10 of the Amended PUD Guide. Included in Staff's
comments was a redline - strikethrough of the Amended PUD Guide with recommended
comprehensive language revisions and footnoted comments. Additional comments on
the Street Standards and Final Plat were provided on July 20, 2012 by Justin Hildreth,
Town Engineer.
19. Final PUD Application Submitted to PZC A Final PUD Application, consisting of an
Amended Planned Unit Development Guide for the Village (at Avon), Version 14,
resubmitted PUD Master Plan Version 11, and accompanying Memorandum, was
submitted to the Community Development Department of the Town on July 24, 2012 by
Kimberly Martin, representing the Applicant for Final PUD Amendment application
review by the Planning and Zoning Commission.
20. Public Hearing before the Planning and Zoning Commission On August 7, 2012 the
PZC held a public hearing on the Application. The PZC continued the public hearing for
three (3) additional hearings: Monday, August 13, 2012 Special Meeting, Tuesday,
August 21, 2012 Regular Meeting, and Monday, August 27, 2012 Special Meeting.
21. Staff Reports for Final PUD Eric Heil, Town Attorney, submitted memoranda to the
PZC regarding the Final PUD Amendment Application on August 3, 2012 and August
17, 2012. Matt Pielsticker submitted a memorandum regarding the Final PUD
Amendment Application to the PZC on August 10, 2012.
22. Planning and Zoning Commission Findings of Fact and Recommendations. The
Planning and Zoning Commission adopted Findings of Fact and Recommendations on
September 4, 2012 with regard to the Final PUD Amendment Application, which
included such additional findings of fact and recommendations which are included
herein.
23. Final PUD Application Submitted to Town Council Final PUD Amendment
Application to Version 16 of the Amended PUD Guide was submitted to the Town on
August 31, 2012. Eric Heil, Town Attorney, submitted a memorandum dated September
7, 2012 and comprehensive comments and revisions to Version 16 of the PUD Guide
(referred to as Version 16 -E of the PUD Guide) to the Town Council and Applicant's
representatives.
24. Notice of Public Hearing On August 31, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the September 11, 2012 Town
Council meeting to review the Traer Creek LLC Village (at Avon) Final Planned Unit
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
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Development application. On August 31, 2012, pursuant to §7.16.020(d), a notice of
public hearing was mailed to all real property owners within three hundred (300) feet of
the Village (at Avon) PUD property for the September 11, 2012 Town Council meeting
to review the Traer Creek LLC Village (at Avon) Final PUD application.
25. Public Hearing. On September 11, 2012 the Town Council held a public hearing on the
Application. The Town Council continued the public hearing to September 25, 2012
Regular Meeting, and October 9, 2012 Regular Meeting.
26. Request for Staff Report At the September 11, 2012 public hearing, the Town Council
directed the Town Staff to prepare a Staff Report in accordance with the requirements of
the Avon Development Code.
27. Staff Report on Final PUD Matt Pielsticker submitted a Staff Report to Town Council
on September 25, 2012.
28. Eagle County School District Report Eagle County School District submitted a report
"Summary of ECSD Land Needs" dated August 16, 2012 and gave a presentation to the
Avon Planning and Zoning Commission at the August 21, 2012 public hearing, and
which report is part of the record for the Avon Planning and Zoning Commission final
recommendation. Eagle County School District gave a presentation regarding the school
site dedication to the Town Council at the September 11, 2012 public hearing.
29. Reports Reports, memorandum, handouts and power point presentations are further
listed in Exhibit A: List of Documents and all such documents are hereby incorporated
into the record.
30. Public Comments Public comments were submitted to the Avon Planning and Zoning
Commission and the Avon Town Council, which are attached hereto as Exhibit B: Index
of Public Comments. Also, the Avon Town Council received public comment during
each of the public hearings held by the Avon Town Council for final PUD review. All
such public comments have been considered by the Avon Town Council and are part of
the record for the Avon Town Council.
31. Version 19 of PUD Guide Version 19 of the Amended PUD Guide was submitted on
Thursday, October 18, 2012.
32. Time Frame for Approval Section 7.16.020(e) provides that the Town Council may
continue a public hearing on a PUD application for a maximum of 35 days after the initial
public hearing without the consent of the applicant to additional continuance. The
Applicant has consented to a continuation of the public hearing hearings beyond 35 days
after the date of the initial public hearing on September 11 to October 23, 2012 and then
to November 7, 2012.
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33. Implementation of the Settlement Term Sheet The Application proposes many
revisions to the existing PUD Guide and PUD Master Plan which would implement
matters set forth in Schedule 3 of the Settlement Term Sheet and at the same time
proposes numerous changes the existing PUD Guide and PUD Master Plan which are not
directly related to implementing matters expressly identified in Schedule 3 of the
Settlement Term Sheet. The Town Council finds that numerous revisions in the PUD
Guide are mutually beneficial to the Town and the Applicant and meet the Review
Criteria and therefore approve such revisions. The Town Council also finds that
numerous revisions are not in accordance with Schedule 3 of the Settlement Term Sheet,
are not beneficial to the Town and are not incompliance with the applicable review
criteria as more specifically stated below.
34. Findings of Fact Related to Specific Aspects of the Application The Town Council
has considered the Staff Reports, public comments, applicant testimony, and makes the
following Findings of Fact related to specific aspects of the Final PUD Application:
A. Extension to Vested Property Rights. The Council finds that a six year extension
of the Vested Property Rights is appropriate due to the size of the project, the
timeframe required to finance and construct various public improvements, the limits
of absorption rates for sale of real estate products and the probability that build -out of
the project will transcend multiple real estate cycles.
B. School Site Dedication. The Town Council finds that the Stone Creek Charter
School has stated that Planning Area E is acceptable as a potential school site. The
Town Council further finds that the information presented by the Eagle County
School District demonstrates that there is not an immediate need for a school site, that
existing and planned capacity of school facilities which may serve the Avon
community may be sufficient to meet the demands generated by The Village (at
Avon) and that possibility of providing a future 7.3 acre school on Planning Area I is
incorporated into the Consolidated Amended and Restated Annexation and
Development Agreement. The Town Council finds that the school site dedications
proposed in the Final PUD Amendment Application complies with the 1996 Avon
Comprehensive Plan, A. LAND USE, Policy A1.7 The community should include
sufficient land for public uses such as schools, community facilities, and
governmental services, and D. COMMUNITY FACILITIES AND SERVICES,
Policy D1.5 Annexations and new subdivisions will include or otherwise provide for
community services and facilities based on the increased demand created by those
developments.
C. Planning Area N- South. The Town Council finds that due to the construction of the
Post Boulevard interchange and Swift Gulch road, existing Planning Area N (a
portion of proposed Planning Area J) has become bifurcated by Swift Gulch road
which negatively impacts the functionality of Planning Area N as a cohesive regional
park site; that the location of existing Planning Area N -South adjacent to the I -70
interchange reduces the utility and attractiveness of this area for outdoor park uses.
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The Town Council further finds that park areas should be integrated into
development, that development plans and designs for Planning Areas J, K, I and
RMF -1 do not currently exist, and that the Applicant has proposed to adopt the
Town's minimum park siting standards for future development, and that therefore the
flexibility afforded in locating and designating the replacement of 5.8 acres in
parkland is appropriate. The Town Council specifically finds that the proposed
relocation of 5.8 acres of parkland is incompliance with the 1996 Avon
Comprehensive Plan, Section G. Parks, Recreation and Open Space generally
and specifically with regard to Policy GLI New residential and resort developments
will incorporate recreational amenities and Policy G1.4 New annexations and
development will include or otherwise contribute to land for trails, open space and
recreational purposes.
D. Hotel Use for Proposed Planning Area J. The Town Council finds that area is
physically suitable for commercial development; that the proximity to the I -70
interchange promotes the viability of commercial development of the property; and
that additional construction of public infrastructure is not required for the commercial
development of this property. The Town Council further finds that specific minimum
standard set forth in I.10. Supplemental Design Standards: Planning Area J Hotel,
Motel and Lodge Requirements of the PUD Guide establish appropriate
supplemental design standards which are incompliance with 1996 Avon
Comprehensive Plan, Subarea 19: I -70 North District which recommends
attention be given to I -70 corridor treatments, visual quality and gateway treatments.
E. OS -9 and OS -10 (proposed OS -5 and OS -6). The Town Council finds that the
revisions to the Uses by Right to OS -5 and OS -6 are consistent with the original 1998
PUD Guide.
F. Road Access to Proposed Planning Area I (formerly Planning Area M). The
Town Council finds that Planning Area I is currently isolated and surrounding by
steep topography, the Eagle River and the Union Pacific Rail Road line; viable
alignments for the construction of a road to access Planning Area I are limited and are
complicated by property ownership patterns; construction of a road across the Forest
Service Village Parcel (situated between proposed Planning Area J and proposed
Planning Area I) is likely to be highly visible from I -70 and other locations; and the
amount of cut and fill required for construction of an access road can be reduced by
reducing the minimum required road width profile and by constructing a
pedestrian/recreation path separately from the road in a manner similar to the Swift
Gulch road construction. The Town Council finds that the road access is in
compliance with the 1996 Avon Comprehensive Plan; E. Transportation, Parking
and Circulation, generally and specifically finds that the road cross - section which
allows a narrow road and separated pedestrian, bike and recreation trail will promote
Policy E1.1 Streets should, to the extent possible, effectively accommodate transit,
pedestrian, bicycle, and other modes of transportation. and Policy F1.1 Future
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development and redevelopment shall minimize degradation of the environment,
particularly in sensitive areas.
G. Hillside Density (Proposed Planning Areas K and RMF -1). The Town Council
finds that the existing PUD Guide allows for a maximum of 280 residential units to
be served off a cul -de -sac and that the Final PUD Amendment Application is
consistent with the stated maximum allowed residential units on a cul -du -sac.
H. Planning Area B. The Town Council finds that the consolidation of former Planning
Areas B and C into Planning Area B; the central location of Planning Area B within
Planning Area A; and the location of Planning Area B in proximity to the
Nottingham - Puder ditch provides better opportunities for a central park and
recreational amenity area and provides better opportunities to incorporate water
features into such park. The Town Council finds the proposed amendment to
Planning Area B in the Final PUD Amendment Application complies with the 1996
Avon Comprehensive Plan, G. PARKS, RECREATION AND OPEN SPACE,
general and specifically Policy G1.1 New residential and resort developments will
incorporate recreational amenities and Policy G1.4 New annexations and
development will include or otherwise contribute to land for trails, open space and
recreational purposes.
I. Main Street (formerly East Beaver Creek Boulevard). The Town Council finds
that the narrowed cross - section width of East Beaver Creek Boulevard is adequate
and sufficient and complies with the 1996 Avon Comprehensive Plan, E.
TRANSPORTATION, PARKING, AND CIRCULATION generally.
J. Drainage Master Plan. The Town Council finds that the incorporation of the
Johnson Study into Section I.6.(b) of the PUD Guide is appropriate for the purposes
of determining calculated stormwater flows; that the incorporation of the Johnson
Study will permit the Town to prevent water quality degradation from stormwater
run -off, and, that such amendment is therefore in compliance with the 1996 Avon
Comprehensive Plan; F. ENVIROMENT, Policy F1.3 The river corridor will be
protected as an important riparian habitat.
K. Administrative Subdivision Review. The Town Council finds that permitting
administrative subdivision review for Planning Areas A, B, C, D, E, F and J will
promote an efficient and streamlined development application review process and
will thereby promote and facilitate beneficial economic development and revenue
producing development which is critical to the repayment of obligations of the Traer
Creek Metropolitan District and satisfaction of the Town's tax credit obligations
under the Consolidated Amended and Restated Annexation and Development
Agreement. The Town Council fords that administrative subdivision review is in
compliance with the 1996 Avon Comprehensive Plan, B. COMMUNITY AND
ECONOMIC DEVELOMPENT, generally and specifically Goal B1 Enhance the
Town's role as a principal, year -round residential community and regional
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commercial center and Goal B3 Maintain a balanced, diverse economic base that
provides employment opportunities for residents and a sustainable tax base for the
Town and Policy B3.3 Encourage development of additional service commercial
uses.
L. Integrated Applications and Approvals. The Town Council finds that the Final
PUD Application is integrated with the CARADA and the SECOND AMENDED
FINAL PLAT, AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1 A
RESUBDIVISION OF LOT 1 such that the each document and application is
considered together and that each document supports the findings and conditions
stated in this Findings of Fact and Record of Decision.
BASED ON THE FINDINGS OF FACT STATED HEREIN, INCLUDING THE
FINDINGS AND RECOMMENDATIONS IN VARIOUS STAFF REPORTS, PUBLIC
COMMENTS, AND OTHER MATERIALS CONSIDERED BY COUNCIL, AND BASED
ON THE REVIEW CRITERIA SET FORTH IN AVON MUNICIPAL CODE
§7.16.060(E)(4), THE AVON TOWN COUNCIL HEREBY APPROVES THE FINAL
PLANNED UNIT DEVELOPMENT APPLICATION WITH THE FOLLOWING
CONDITIONS:
1. Approval of this Final PUD Amendment application is expressly contingent upon
approval of the following, which final approvals, execution, implementation and
effectiveness shall occur within the timeframe established in the Closing Escrow
Agreement, as adopted in Ordinance No. 12 -10:
a. The Consolidated Amended and Restated Annexation and Development Agreement,
b. Ordinance No. 12 -10, and
c. Implementation and execution of other documents as described in the Closing Escrow
Agreement.
2. Amendments to Version 20 of CARADA. Version 20 of the CARADA is hereby
approved with the condition that CARADA is revised to incorporate the text changes
described as follows [Amendments are shown in strike - through underline fashion to
depict language to be deleted and language to be added
• Recital $-C shall be amended to read as follows: S ti b se ,, uen A to the Ofiginal Effe etive
Date Town Council approved the Service Plans ^ „ a the fe of n August 25, 1998,
and on February 3, 1999, TCMD and VMD were legally formed for the general purposes
contemplated by the Original Agreement and more specifically described in the Service
Plans.
• Section 1.4(a) shall be amended to revise the first sentence to read as follows: Due to the
size and phasing of the Project, the potential for development of the Project to be affected
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by economic and financial cycles, the effect of national and statewide markets with
regard to retailers, accommodations industry and builders, and the limitation of
absorption rates by the local market conditions, the term of the Vested Property Rights
established pursuant to Section 2-.32_4 shall continue through and including October 20,
2039 ( "Vesting Term ").
Section I.6 shall be amended to revise the first sentence to read as follows: If, after the
Execution Date, any legal or equitable action or other proceeding is commenced by a
third party challenging the effectiveness of the or-din ne ^ R this Deye'opme
^ Tr-° °men4 ^^dl ^r the Development Xan,- Ordinance No. 12 -10s the effectiveness of this
Development Agreement and /or the Development Plan, or the validity of any provision of
this Development Agreement and /or the Development Plan, the Parties shall in good faith
cooperate in defending such action or proceeding and shall each bear their own expenses
in connection therewith.
• Section 2.4(a) through 09 shall be amended to pluralize SSDP by using the acronym
"SSDPs. "
Section 2.4(e) shall be amended to revise the third sentence to read as follows: In
accordance with Section 7.1 of the Town's Charter, no initiated measure shall be
permitted that would have the effect of modifying or negating the Town ordinance by
which Town Council approved implementation of the Settlement Term Sheet, Ordinance
No. 12 -10, or any instrument implementing the Settlement Term Sheet as approved in
sueh T,.w., or-di ane,,Ordinance No. 12-10, including but not limited to the Development
Plan.
• Section 2.5 shall be amended to delete references to EMD.
• Section 3.2(b) shall be amended to delete the second and last sentence.
• Section 3.3(a) shall be amended to revise the fifth sentence to read as follows: All public
roads, whether constructed by or on behalf of a District or a Developer, shall be
constructed in accordance with the standards set forth in the PUD Guide and shall be
Dedicated to and Accepted by the Town in accordance with Section 3.3 (b) below
• Section 3.3(b)(i) shall be amended to read as follows: Existing Public Roads.
Contemporaneously with the Effective Date, TCMD conveyed to the Town all of
TCMD's right, title and interest in and to the existing public road tracts (Swift Gulch
Road, Post Boulevard, Fawcett Road and Yoder Avenue), together with the road
improvements, streetscape improvements, landscape improvements and drainage
improvements located within such rights -of -way. The Town granted Final Acceptance of
all such roadways and related improvements for maintenance without reservation or
condition, whether related to warranty periods or otherwise, and released all warranty
rN + N o r-av this a •+ 1
collateral related thereto. �,- oT��c� t t
� ����- �s�r��e�
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Section 3.3(b)(ii) the second to the last sentence shall be amended to read as follows:
Asphalt overlays shall not be required prior to Dedication of each phase of Main Street
and, as set forth in Section 4.2(d), the Town shall undertake responsibility for asphalt
overlays for each phase of Main Street only after Dedication of each such phase of Main
Street.
Section 3.3(c)(iii) shall be amended to read as follows: East Beaver Creek Boulevard.
The Town shall not require completion of East Beaver Creek Boulevard as a through road
until the earlier of: (A) such time as it becomes necessary to construct a particular phase
of East Beaver Creek Boulevard to provide a means of ingress to and egress from Sites
within Lot 1 that are undergoing vertical development and do not otherwise have access
to a public street; or (B) such time as a particular development proposal within Lot 1
requires completion of the connection in order to preclude the impact of the approved
development proposal from reducing the level of service (LOS) on Main Street below a
designation of "C" (estimated to be in the range of approximately 8,000 to 11,000 vehicle
trips per day) as established by traffic studies to be provided by a traffic engineer or firm
licensed in Colorado in connection with the particular approved development proposal.
Subject to review by the Town Engineer, Tthe north/south alignment of East Beaver
Creek Boulevard within Planning Areas C and D may be established to include an interim
or permanent connection to Main Street (e.g., East Beaver Creek Boulevard can connect
to Main Street east of Planning Area A and either continue to the roundabout at the
southeast corner of Planning Area F in an interim condition or separate from Main Street
and connect to the roundabout at the northeast corner of Planning Area F in either an
interim or permanent condition) so long as the easterly (roundabout at Post Boulevard)
and westerly (where East Beaver Creek Boulevard enters the Project) connections
depicted on the PUD Master Plan are maintained and each segment of Main Street is
maintained at not lower than LOS "C" (e.g., if the traffic studies demonstrate that LOS
"C" can be maintained on the easterly segment of Main Street with an interim connection
as described above, completion of the final through connection alignment of East Beaver
Creek Boulevard would not be required).
Section 3.6 shall be amended to revise the second sentence to read as follows: Without
limitation of the foregoing, in processing any Development Application for deve opinep*
the Town shall incorporate the assumptions of the drainage study
prepared by David Johnson for the Property with respect to reducing the calculated
stormwater flows, management and detention requirements based on the mitigating effect
of vegetation within the Property, and the assumptions set forth therein shall govern and
control over any conflicting provisions or assumptions in the Town's drainage master
plan.
Section 3.10(a) shall be amended to revise the last sentence to read as follows: Any
portion of the foregoing reserved amount that has not been utilized upon completion of
the permanent alignment of East Beaver Creek Boulevard as a through road, or upon a
determination that the LOS requirement stated in Section 3.3(bcc)(iii) has been satisfied
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upon full build -out of Lot 1, shall be released and made available to fund other Cap
Amounts as provided in elause- Section 3.10 (c) below.
Section 3.10(b) shall be amended to read as follows: Other Reserved Funds Of the total
Supplemental Bond capacity available under the Credit PIF Cap, a total of
$000 ; 000 $17,500,000 (inclusive of the $6,200,000 reserved pursuant to Section
3.10(a)) shall be reserved to fund Capital Project Costs incurred in connection with
construction of the Prioritized Capital Improvements.
• Section 3.11 shall be amended to revise the first sentence to refer to `Hurd Lane" rather
than `Hurd Land ".
Section 3.11 shall be amended to add a sentence to the end of the paragraph to read as
follows: "Master Developer may satisfy this obligation with Town's consent by tendering
a cash payment to the Town in an amount acceptable to the Town for the sole purpose of
purchasing and installing the Landscaping/Visual Mitigation described herein, and if
Town receives and accepts such cash payment then Town shall provide to the Master
Developer a written acknowledgement and release that Master Developer has satisfied in
full its obligations in this Section 3.11."
• Section 4.2(d)(i)(B) shall be amended to read as follows: As more particularly set forth
in the Asphalt Overlay Agreement (including but not limited to Section 5(b) thereof
[N ote ! Peed to ee nfir-m - c r in fi na l y eFsion of over lay- agr- eemei
regarding deemed consent under certain facts), TCMD and the Town each must provide
written approval prior to the release of any funds from the Asphalt Overlay Account.
Section 4.2(e) shall be amended to revise the last sentence to read as follows: Should the
Town not have acquired the Forest Service Village Parcel prior to such time as access is
needed to commence the process for constructing an access road to Planning Area I, the
Town egfee to acknowledge, confirm and represent to the owner of the Forest
Service Village Parcel that the PUD Master Plan approved by the Town depicts a road
crossing the Forest Service Village Parcel to provide access to Planning Area 1.
• Section 5.1(d) shall be amended to read as follows: Utilization of Credit PIF Revenues
During the Term, TCMD shall utilize Credit PIF Revenues only for the Permitted Uses as
set forth in Section 6.2(a) and shall apply Credit PIF Revenues in the priority set forth in
Sections 6.9(b) ems,, 6.9(c) and 6.9(d).
Section 5.3(f) shall be amended to read as follows: LandscapingNisual Mitigation.
Master Developer shall perform its obligations with respect to landscaping and visual
mitigation as set forth in Section 3.11.
Section 5.4(a) shall be amended to read as follows: Conveyance of School Site in
Planning Area I . Pursuant to Section 3.7(a)(i)(B), EMD or the then - current Landowner
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shall convey to the Town an approximately X 3.764 acre Site within Planning Area I for
school purposes.
• Section 6.2(b) shall be amended to revise the third sentence to read as follows: If as of
January 2, 2040, the Net Proceeds of all Supplemental Bonds issued on or before January
1, 2040, are less than the otherwise ��� unused portion of the Credit PIF Cap, the
Credit PIF Cap will be reduced in equal amount to the unftmded CupplemepAa Berk
eap aei�yu Credit PIF Can
• Section 6.2(c)(ii) shall be amended to read as follows: Except as otherwise provided in
Section 6.12, the principal amount and Bond Requirements of any refunding bonds or
other debt instruments issued to repay, refund and/or defease, in whole or in part, the Cap
Amotints obligations described in sub - sections (i), (ii), (iii) and (iv) of Section 6.2(b)
• Section 6.3(b) shall be amended to read as follows: Internet, Mail Order and Similar
Remote Taxable Transactions The Parties intend that retail sales transactions effected
remotely should be subject to the Credit PIF and the Tax Credit whether such remote
transactions are effected via the internet, by mail order or otherwise delivered into the
Project such that the transaction is a Taxable Transaction. However, due to logistical and
practical impediments to causing the Credit PIF and the Tax Credit to attach to such
transactions or otherwise tracking and allocating such revenues, it has not heretofore been
possible to effect the Financing Plan with respect to such remote transactions. The
Parties further recognize that national and state laws and business practices of retailers
regarding imposition of state and local sales tax isare evolving and soon may require
retailers to identify and report the address of the point of purchase for internet based retail
sales. The Town agrees that if and when address information of the point of sale for
retailers is available to the Town such that the Town can determine the internet based
retail sales specifically attributable to points of purchase within the Village (at Avon) for
which sales taxes are imposed and collected (or another mechanism is identified), the
Town shall use best efforts to cooperate with the PICs to impose the Retail Sales Fee and
Add -On RSF if possible or, in the alternative if imposition of such fees is not possible,
the Town shall cooperate with the PICs to impose, collect and remit the Town's retail
sales tax to the PICs in accordance with Section 6.18. If the Parties identify a method of
implementing the intent of this Section 6.3(b), such method may be implemented without
the requirement of an amendment to this Development Agreement.
• Section 6,4(a)(i) shall be amended to read as follows: Retail Sales Fee. T-ke Except to
the extent of an increased sales tax rate approved by the Town for a specific project as set
forth in Section 6.4(b)(ii), the same rate as the corresponding Town sales tax rate as in
effect from time to time. As of the Execution Date, the Town sales tax and the Retail
Sales Fee each are set at the rate of 4.0 %.
• Section 6.4(a)(iii) shall be amended to read as follows: Accommodations /Lodging Fee.
The Except to the extent of an increased accommodations /lodging tax rate approved by
the Town for a specific project as set forth in Section 6.4(b)(ii), the same rate as the
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corresponding Town accommodations /lodging tax rate as in effect from time to time. As
of the Execution Date, the Town accommodations /lodging tax and the
Accommodations /Lodging Fee each are set at the rate of 4.0 %.
• Section 6.4(b)(ii) shall be amended by amending the first sentence only to read as
follows: Exception for "Project-Specific " Town Tax Rate Increase. Notwithstanding
anything set forth in Section 6.4(a)(i), 6.4(a)(iii, ) and 6.4(b)(i) to the contrary and subject
to the terms and conditions set forth in this Section 6.4(b)(ii), the Town shall be entitled
to retain the revenues resulting from an increase in the Town's 4.0% sales tax rate or
4.0% accommodations tax rate as in effect on the Execution Date to the extent: (A) such
tax rate increase is duly adopted by the Town after the Effective Date and applies on a
uniform basis throughout all areas of the Town; (B) the proceeds of such tax rate increase
are specifically dedicated and pledged solely to a specific project identified in connection
with such adoption; (C) the financing period for such specific project does not exceed 30
years; and (D) for the purposes of sales tax and not accommodations tax such increased
tax rate does not exceed 0.75 %.
• Section 6.5(b)(i) shall be amended to read as follows: Municipal Payments. During the
Term, the Municipal Payments shall be utilized first to satisfy the Town's Asphalt
Overlay Account funding obligations as set forth in Section 6_6 and thereafter may be
utilized by the Town for any lawful purpose.
• Section 6.7(b) shall be amended to read as follows: Reduction of Credit PIF Cap A
maximum amount of $10,000,000 (TEN MILLION DOLLARS) of -Net Weeeea�
2fproceeds available for the payment of Capital Project Costs from bonds or other
financial obligation (whether in the form of bonds, direct payments, redevelopment
agreement(s) and /or cooperation/funding agreement(s)) issued or incurred to pay Cap
Amounts may be counted against and thereby reduce the remaining Credit PIF Cap;
provided, however, that the cost of improvements to or servicing Town -owned properties
(by way of example and not limitation, improvements located within, utilities extensions
servicing and/or access to and from Planning Area B, Planning Area E, or park/open
space areas Dedicated to the Town), whether financed utilizing TIF Revenues or other
revenues of the Town or AURA, shall not result in a reduction of the Credit PIF Cap.
Nothing in this Section 6.7(b) constitutes a limit on AURA's ability to finance
improvements it deems appropriate. The restriction in this Section 6.7(b) relates only to
whether bonds issued by AURA to pay for the costs of such improvements count against
the Credit PIF Cap.
• Section 6.9(b)(v)2. shall be amended to read as follows: Cure Payments. To the extent
the Town has exercised any cure rights pursuant to Section 644 - 6.13 to cure a deficiency
in payment of principal or the Bond Requirements of the Tank Project Bonds or the
TCMD Bond Reissue, to reimburse the Town for the amount of such payments and
interest thereon at the non - default interest rate commensurate with the interest paid to
bondholders at the time of the cure payment.
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• Section 6.9(d) shall be amended to revise the last sentence read as follows: The Town
shall have the right to review and approve such documentation at least forty -five (45)
days prior to issuance of such replacement or refunding bonds for the limited purpose of
confirming conformance with the general prioritization set forth in Section 6.9(b).
• Section 6.10 shall be amended to revise the last sentence to read as follows: The
issuance of Supplemental Bonds (other than Additional Developer Advances) which bear
interest at a fixed rate higher than that set forth in the preceding sentence, or which are
variable rate bonds, shall require the prior written consent of the Parties.
• Section 6.11 shall be amended to read as follows: Replacement Bonds Subject to any
applicable terms and conditions of the TCMD Reissue Documents, on or after the
Effective Date TCMD shall have the ongoing right to issue ands payable with Dist.; ^*
Revenues other- than DTI' Reve4 �Replacement Bonds to extinguish, replace,
refund or defease Past Developer Advances Bonds"). The principal
amount of the Past Developer Advances being extinguished, replaced, refunded or
defeased by such Replacement Bonds shall be deducted from and reduce the amount
counted against the Credit PIF Cap. The principal amount of the Replacement Bonds
shall not exceed $12.4 million without the Town's prior written approval, and the interest
rate of such Replacement Bonds shall bear a lower interest rate than such Past Developer
Advances. For the purposes of determining the maximum allowable interest rate of
Replacement Bonds, the interest rate of Past Developer Advances which are
extinguished, replaced, refunded or defeased with Replacement Bonds (but excluding
from such calculation those Past Developer Advances with respect to which the interest
rate has been reduced to 1.5% pursuant to Section 6.9(b)(v)(B)3.II) shall be averaged
with regard to the respective interest rate and amount of principal to detenn ne the net
effeetive interest rate The interest rate of Past Developer Advances (excluding those
Past Developer Advances with respect to which the interest rate has been reduced to
1.5% pursuant to Section 6.9(b)(v)(B)3.II) shall be as determined by this Development
Agreement on the Effective Date. To the extent the accrued and unpaid interest payable
under the terms of the Past Developer Advance documents is not capitalized in or paid
from the proceeds of the Replacement Bonds, the unpaid interest shall be carried forward
as an accrued and unpaid interest obligation under the terms of the Past Developer
Advance documents, the unpaid interest obligation shall not bear any interest, and the
unpaid interest obligation shall not be discharged until paid in full.
• Section 6.12 shall be amended to read as follows [NOTE. green depicts language which
has been moved but not changed]: Refunding and Refinancing As set forth in Section
6.2(c)(ii), and subject to the limitations set forth in this Section 6x.12, TCMD shall
have the ongoing right to issue refunding bonds or other debt instruments to repay, refund
and/or defease, in whole or in part +he Cap Amounts and, exeept as sta4e' in C° ^* ^ ^
6 42(a)—, principal and Bond Requirements of the obligations described in sub - sections
(i), (ii), (iii) and (iv) of Section 6.2(b). The principal amount of such refunding bonds or
other debt instruments shall not count against the Credit PIF Cap. Notwithstanding the
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
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Page 15 of 22
foregoing, if the principal amount of any bonds or other debt instruments issued to repay,
refund and/or defease or otherwise refinance the TOM Bond Reissue exceeds the then
outstanding principal amount of the TCMD Bond Reissue, only that portion of the
increased principal which is in excess of $52,100,000 (Fifty Two Million One Hundred
Thousand Dollars) shall be included in the Cap Amounts and count against the Credit PIF
Can. The interest rates on refunding bonds are subject to the requirements governing
interest rates for Supplemental Bonds set forth in Section 6.10 and subject to the
felle and
interest due on fixed rate refunding bonds or other debt instruments with fixed interest
rates from their date of issuance to final maturity (disregarding any option to redeem
prior to maturity), shall be less than or equal to the aggregate principal and interest due
on the debt to be repaid, refunded, defeased or otherwise refinanced, from the date of the
refunding to final maturity (disregarding any option to redeem prior to maturity).
Section 6.16(d) shall be amended to read as follows: Town Share of Eagle County Sales
Taxes The Town is entitled to collect, receive, receive expend and utilize any
portion of Eagle County's sales tax revenues generated by transactions occurring within
the Project Rywhiehthat the Town is entitled to receive pursuant to any agreements with
Eagle County in effect from time to time.
• Section 6.17 shall be amended to read as follows: Books and Records The Town,
AURA, the PICs and the Districts each shall maintain adequate books and records to
accurately perform and account for their respective obligations under this Development
Agreement. Each such Party or Limited Party shall, upon request of any other such Party
or Limited Party, permit representatives of such requesting entity reasonable access
during normal business hours to review and, at the requesting entity's expense, audit such
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 16 of 22
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Section 6.16(d) shall be amended to read as follows: Town Share of Eagle County Sales
Taxes The Town is entitled to collect, receive, receive expend and utilize any
portion of Eagle County's sales tax revenues generated by transactions occurring within
the Project Rywhiehthat the Town is entitled to receive pursuant to any agreements with
Eagle County in effect from time to time.
• Section 6.17 shall be amended to read as follows: Books and Records The Town,
AURA, the PICs and the Districts each shall maintain adequate books and records to
accurately perform and account for their respective obligations under this Development
Agreement. Each such Party or Limited Party shall, upon request of any other such Party
or Limited Party, permit representatives of such requesting entity reasonable access
during normal business hours to review and, at the requesting entity's expense, audit such
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 16 of 22
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Section 6.16(d) shall be amended to read as follows: Town Share of Eagle County Sales
Taxes The Town is entitled to collect, receive, receive expend and utilize any
portion of Eagle County's sales tax revenues generated by transactions occurring within
the Project Rywhiehthat the Town is entitled to receive pursuant to any agreements with
Eagle County in effect from time to time.
• Section 6.17 shall be amended to read as follows: Books and Records The Town,
AURA, the PICs and the Districts each shall maintain adequate books and records to
accurately perform and account for their respective obligations under this Development
Agreement. Each such Party or Limited Party shall, upon request of any other such Party
or Limited Party, permit representatives of such requesting entity reasonable access
during normal business hours to review and, at the requesting entity's expense, audit such
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 16 of 22
books and records in order to permit such requesting entity to determine compliance with
the terms of this Development Agreement or the accuracy of any information contained
in any statement, notice, invoice or report required to be provided under this
Development Agreement. All such Parties and Limited Parties shall use their best efforts
to resolve any issues, discrepancies, or inaccuracies discovered in any such statement,
notice, invoice or report or in such requesting entity's review or audit of the applicable
books and records. For so long as BNP is providing a Letter of Credit to secure the
TCMD Bond Reissue or any amounts are due and owing to BNP in connection with the
TCMD Bond Reissue, BNP shall have the same right to reasonable access to review and
audit books and records to determine compliance with the terms of this Development
Agreement or the accuracy of any information as set forth above with respect to the
Town, AURA, the PICS and the Districts.
• Section 6.22 Relationship to TCMD Service Plan and VMD Service Plan is deleted.
• Section 7.7(c)(iii)(A) shall be amended to read as follows: Pursuant to Sections 4.2(a)
and 64#} 6.2
the right to enforce the Town's obligations to maintain the Tax Credit in
effect.
• Section 7.7(c)(iii)(C) shall be amended to read as follows: Pursuant to Sections 6.3(a)
and 6.3 b , the right to enforce the Town's obligations with respect to application of the
real estate transfer tax and Real Estate Transfer Fee and with respect to retail sales
transactions that are effected remotely
• Section 7.7(c)(iv)(A) shall be amended to read as follows: Pursuant to Sections 4.2(a)
and 6 6_2,, the right to enforce the Town's obligations to maintain the Tax Credit in
effect.
• Section 7.7(c)(iv)(C) shall be amended to read as follows: Pursuant to Sections 6.3(a)
and 6.3 b , the right to enforce the Town's obligations with respect to application of the
real estate transfer tax and Real Estate Transfer Fee and with respect to retail sales
transactions that are effected remotely
• Section 7, 7(d)(i)(B) shall be amended to read as follows: Pursuant to Sections 4.2(a) and
64-(b) 6_2,. the Town's obligation to maintain the Tax Credit in effect.
• Section 7,7(d)(i)(C) shall be amended to read asfollows: Pursuant to Sections 6.3(a) and
6.3(b), the right to enforce the Town's obligations with respect to application of the real
estate transfer tax and Real Estate Transfer Fee, and with respect to retail sales
transactions that are effected remotely.
• Section 7.7(d)(i)(D) shall be amended to read as follows: Pursuant to Section 6.7(c),
BNP's right to participate on the AURA board of directors4eT with respect to any urban
renewal plans for any portion of the Property.
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Page 17 of 22
• Section 7.7(d)(i)(E) shall be amended to read as follows: Pursuant to Sections 5.1(e) and
5.3(e), BNP's right to participate on the TCMD board of directors and right for its
designee to hold a property interest sufficient to qualify for appointment or election to be
a TCMD director. [ONLY CHANGE IS TO CITATION 7.7(d)(i)(E)]
• Section 8.5 shall be amended to revise the first romanette (i) to read as follows:
"(i) the Town's approval of this Development Agreement and the Development Plan
generally is pursuant to the authority of the Vested Property Rights Statute and the
Municipal Annexation Act of 1965 set forth at CRS § 31 -12 -101 et seq, and, to the extent
permitted by law, Town is acting in a proprietary capacity in approving the Financing
Plan and therefore shall bind the Town with regard to the Town's rights and obligations
during the Term, particularly with regard to the Town's obligations to maintain the Tax
Credit in effect, in accordance with the terms and remedies set forth in this Development
Agreement;"
• Section 832 shall be amended to relocate the notice information for EMD to the Master
Developer notice information.
• CARADA in general shall be revised to replace any reference to Section 20 of Article 10
of the Colorado Constitution with a reference to Section 20 of Article X of the Colorado
Constitution, including but not limited to such reference in 1.6, 3.4(f), 63(a)(iii) and
6.18.
• Definition of Accommodations /Lodging Fee shall be amended to read as follows:
Accommodations/Lodging Fee means the Credit PIF imposed pursuant to the PIF
Covenants on accommodations /lodging transactions occurring within the Project which,
subject to application of the Tax Credit, are Taxable Transactions. The
Accommodations /Lodging Fee shall -net be construed to be part of a Taxable Transaction,
and shall be subject to the Town's tax on accommodations /lodging transactions.
• Definition of Additional Developer Advances shall be amended to read as follows:
Additional Developer Advances means funds advanced after the Effective Date for
Capital Project Costs by Master Developer, EMD, a Developer Affiliate or another
Landowner to or on behalf of TCMD or another District (whether the corresponding
Capital Projects isare undertaken directly by such District or acquired by such District
after construction by the parry entitled to reimbursement for the costs thereof), which
advances are subject to reimbursement by such District utilizing Credit PIF Revenues,
together with simple interest at a rate equal to the Municipal Market Data rate (or, if the
foregoing index is no longer published, then the Bond Buyer Revenue Bond index rate),
for a term most closely related to the term of the particular
Additional Developer Advance being issee4made for Baa investment grade bonds on the
date of such advance plus 375 basis points, and which are secured by such District's
issuance of an instrument (note, bond, funding /reimbursement agreement or similar form
of instrument) evidencing such District's financial obligation to repay such advances;
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
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provided, however, that Master Developer's contributions to the Asphalt Overlay
Account pursuant to Section 6.6(a)(iv) shall be construed to be Additional Developer
Advances only to the extent reimbursable from a District using Credit PIF Revenues.
• Definition of Credit PIF Cap shall be amended to read as follows: Credit PIF Cap has
the meaning set forth in Section 6.2(ab).
Definition of Deferred Amortization shall be amended to read as follows: Deferred
Amortization means, (i) in any year until there are no outstanding obligations to BNP
under the TCMD Reissue Documents or any subsequent reissue or refunding of such
bonds, the difference between the principal amount due on the TCMD Bond Reissue and
the principal amount that was due in that year under the financing documents governing
the TCMD Variable Rate Revenue Bonds, Series 2002 or the TCMD Variable Rate
Revenue Bonds, Series 2004, as applicable; and (ii) as of any date of computation, the
sum of all amounts determined as set forth in clause (i), for years prior to and including
(but not subsequent to) the date of computation, that have not been paid as of that date.
Definition of District Debts shall be amended to read as follows: District Debts means,
collectively, the following financial obligations of TCMD (and any refunding thereof
accomplished in accordance with the Development Agreement), the full payment of
which shall result in expiration of the Term (unless the Town elects to continue the Tax
Credit pursuant to Section 6.1(d)): (i) principal and Bond Requirements of the bond
obliga4iens the Net Pr-eeeeds of whieh are ifieluded as Cap Amounts (exeludifig Capital
6.2(b) li ations described in sub - sections (i)_(ii), (iii) and (iv) of Section 6.2(b) and
(ii) the Deferred Amortization.
Definition of District Revenues shall be amended to read as follows: District Revenues
means, collectively, the Credit PIF Revenues, the Project Ad Valorem Taxes (and related
specific ownership taxes), proceeds of Supplemental Bonds (other than Additional
Developer Advances), proceeds from Additional Developer Advances and any other
lawful revenues of the Districts, including but not limited to revenues from service
charges, development fees, impact fees tap fees (net of amounts required to be remitted
to Eagle -Vail Metropolitan District) ap fees or similar sources of revenue to the
Districts, if any.
• Definition of Site Specific Development Plan shall be amended to read as follows: Site
Specific Development Plan means a "site specific development plan" as defined in the
Vested Property Rights Statute, but for avoidance of doubt shall not be construed to
include a preliminary plat, a grading permit, a building permit, or the continuation of a
temporary use beyond the term contemplated there€eretherefor in the approval.
Definition of Term shall be amended to read as follows: Term means the period
commencing on the Effective Date and continuing through and including the date upon
which payment in full of all issued and outstanding District Debts occurs (or the Town
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 19 of 22
has exercised its option to fully fund the Credit PIF Cap pursuant to Section 6.14(a));
provided, however, the Term shall not be deemed to have expired prior to January 2,
2040, unless, prior to January 2, 2040: (A)i (iA) TCMD has issued Supplemental Bonds
up to the full amount of the Credit PIF Cap; and (4D) all such Supplemental Bonds and
all other District Debts have been fully paid; or (Bii) the Town has exercised its option to
fully fund the Credit PIF Cap pursuant to Section 6.14(a).
3. Version 19 of the PUD Guide is hereby approved with the condition that the PUD Guide
is revised to incorporate the text changes described as follows [Amendments are shown
in strike - through underline fashion to depict language to be deleted and language to be
added
Section D.2.(a)(xvii) Outdoor Storage shall be deleted. Section D.2.(b)(xvii) shall be
added as a Special Review Use to read as follows: "Outdoor Storage of merchandise for
sale and only as an Accessory Use to a retail use."
Section D.8(e) shall be amended to read as follows: Residential Density Maximum:
Cul -de -sacs may exceed 1,000 feet in length and service not more than 280 Dwelling
Units; provided, however, that the portion of the cul -de -sac that is in excess of 1,000 feet
shall not service Commercial Uses except those Commercial Uses specifically included
in Sections DX(a) or D.8.(b).
Section H.3(b)(ii) shall be amended to read as follows: Road Alignments. Changes to
public or private street locations, internal circulation design/pattern (i fie dif , ithE t
limitation,,- Mien -of- the Required Street- C-enneEaons) or traffic capacity of the
overall road network within the Property that has been approved by Town and which may
require a een€img conforming amendment to this PUD Guide shall be processed and
approved administratively.
Section L15.(a) shall be amended to add the following sentence, "The Master Developer
will have an obligation to provide the remaining 256 affordable housing units en-er -prier
at such time as both of the following conditions have been satisfied: (i) the Town has
issued final certificates of occupancy for Commercial Space within the Property in the
aggregate of 650,000 square feet of consolidated Gross Square Footage; and (ii) the
Town has issued final certificates of occupancy for an aggregate of 1,881 Dwelling Units.
The foregoing calculations shall not include past or additional affordable housing units
and shall not include Commercial Space or Dwelling Units located within Planning Area
L "
• Section L15(l) shall be amended to read as follows: In accordance with the terms of the
Original PUD, a minimum of 100 affordable housing units were constructed in
conjunction with the initial phase of commercial and /or residential construction within
the Project_, and the N4aster- Developer- has fully satisfied all obligations under- this P!
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 20 of 22
, The timing
of the construction of the remaining affordable housing units by Master Developer (or
Master Developer's designee) the --af€r-dabl s- shall be as described in
Sections I.15(a) and (b) above.co '.*-., 1 .) as sot f ,.,-i, i fh;s See -ate 1 15
• Definition of Building Height shall be revised to read as follows:
Building Height means the distance measured vertically from the reference elevation
(defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a
sloping roof (also referred to as the parallel slope method and depicted by diagram in
Section 7.08.010 of the Development Code, as in effect on the Effective Date), but
excluding from the calculation of Building Height any non - habitable Architectural
Projections. The "reference elevation" shall be:
(i) within Planning Areas I, K, RMF -1 and RMF -2, the Natural Grade
(ii) within the portions of Planning Areas A, D and E located less than 250 feet from
the southerly boundary of such Planning Areas, the existing grade as exists on the
execution date of the Settlement Term Sheet.
(iii) within the portions of Planning Areas A, D and E located 250 feet or more from
the southerly boundary of such Planning Areas, and within all other Planning
Areas, the Finished Grade
Definition of Public Improvement Agreement shall be revised to read as follows: Public
Improvements Agreement means an agreement to be entered into between the Town and
the parry responsible for constructing public infrastructure in connection with the
applicable Application as contemplated by Section 7.32. 100 of the Development Code
• Definition of Stream Setback Provision shall be deleted.
• Definition of Temporary Use shall be revised to read as follows: Temporary Use means
any Use that is not classified as a Permitted Use, Special Review Use or Interim Use with
respect to the applicable Planning Area and which is permitted in accordance with
Section 7.24.080 of the Development Code- (Temporary Uses and Structures)
4. The Second Amended Final Plat, Amended Final Plat, the Village (at Avon) Filing 1, a
Resubdivision of Lot 1, is hereby approved with the following conditions:
• A purpose statement must be added to the Final Plat.
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 21 of 22
• The reference to the easements for East Beaver Creek Boulevard and Chapel Place must
indicate that they are temporary easements.
APPROVED BY THE AVON TOWN COUNCIL BY A VOTE OF 5 IN FAVOR AND 2
OPPOSED on NOVEMBER 7, 2012.
By: Attest: 3
Rich Carroll, Mayor Pat M Kei
Traer Creek LLC The Village (at Avon) Final PUD Amendment Application
Findings of Fact and Record of Decision by the Avon Town Council [V10 FINAL]
Page 22 of 22
Ad ID 8582999 Date 11/08/2012 Time 12:19 PM
TOWN OF AVON
PUBLIC NOTICE OF APPROVAL OF VESTED
PROPERTY RIGHT
The Town of Avon hereby provides notice that the
Avon Town Council has approved Ordinance No.
12 -10, AN ORDINANCE IMPLEMENTING THE
SETTLEMENT TERM SHEET TO RESOLVE
PENDING LITIGATION 2008 CV 385 AND 2010
CV 316; APPROVING THE CONSOLIDATED,
AMENDED AND RESTATED ANNEXATION AND
DEVELOPMENT AGREEMENT; APPROVING
ACCEPTANCE OF REAL PROPERTY AND
EQUIPMENT; APPROVING THE ACCEPTANCE
AND CONVEYANCE OF WATER RIGHTS; AP-
PROVING AN AMENDMENT TO THE VILLAGE
(AT AVON) PLANNED UNIT DEVELOPMENT
(PUD); APPROVING THE TRAER CREEK PLA-
ZA CONDOMINIUM PLAT; APPROVING A RE-
PLAT OF LOT 1; APPROVING AMENDMENTS
TO CHAPTER 18 OF THE AVON MUNICIPAL
CODE; AND TAKING SUCH OTHER ACTIONS
AS SET FORTH HEREIN TO IMPLEMENT THE
SETTLEMENT TERM SHEET, which Ordinance
No. 12 -10 creates a vested property right pursuant
to Article 68 of Title 24, C.R.S., as amended and
Title 7, Chapter 16 of the Avon Municipal Code, as
amended. In accordance with Avon Municipal
Code Section 7.16.140(d)(2) the Town provides the
following information:.
(1)By its approval of Ordinance No. 12 -10, the
Avon Town Council has approved each of the fol-
lowing as a "site specific development plan ": the
Consolidated, Amended and Restated Annexation
and Development Agreement for The Village (at
Avon), the Village (at Avon) Amended and Restat-
ed PUD Guide, the Second Amended Final Plat,
Amended Final Plat, The Village (at Avon) Filing 1,
A Resubdivision of Lot 1. The name of the project
is The Village (at Avon). The type and intensity of
the use approved is a comprehensive mixed use
project including a maximum of 825,000 "Gross
Square Footage" of "Commercial Space" (as those
terms are defined in The Village (at Avon) Amend-
ed and Restated PUD Guide) for Planning Areas A
through H, Planning Area I and Planning Area
RMF -1 and at least 196,970 Gross Square Foot-
age of Commercial Space for Planning Area I, as
defined in The Village (at Avon) Amended and Re-
stated PUD Guide, and a maximum of 2,400
Dwelling Units for Planning Areas A through H.
Planning Area J, and Planning Areas RMF -1 and
RMF -2 and a minimum of 750 Dwelling Units for
Planning Area I as defined in The Village (at Avon)
Amended and Restated PUD Guide. The specific
property affected is "The Village (at Avon)" as de-
fined in the Consolidated, Amended and Restated
Annexation and Development Agreement for The
Village (at Avon) and in said PUD Guide.
(2)A vested property right has been created for the
above - referenced "site specific development plans"
in accordance with Article 68 of Title 24, C.R.S.,
and Title 7, Chapter 16 of the Avon Municipal
Code, and the duration of the Vested Property
Right is 39 years continuing until and including
October 20, 2039.
(3)The citizen's rights of referendum shall run from
the date of this publication.
Submitted by the Avon Town Clerk and Published
in the Vail Daily on November 9, 2012.
Published in the Vail Daily November 9. 2012.
(8582999)
Ad shown is not actual print size
Thu, Nov 08, 2012
8582999
Acct: 1003066
Phone (970)949 -4280
E -Mail:
Client:
Caller Eric Heil
_Receipt
Ad Name: 8582999A
Editions: 8VD /8VD1/
Start: 11/09/12
Color:
Copyline: PUBLIC NOTICE OF APPROVAL O
Lines:
75
Depth:
6.27
Columns:
1
Discount:
0.00
Commission:
0.00
Net:
0.00
Tax:
0.00
Total
23.83
Payment
0.00
Ad Ticket #5
12:20:30
Name Town of Avon Legals
Address PO BOX 975
C Avon
State CO
Zip: 81620
Original Id: 0
Class: 0990
Stop: 11/09/12
Issue 1
Rep Pam Schultz
TOWN OF AVON
PUBLIC NOTICE OF APPROVAL OF VESTED
PROPERTY RIONT
SubmiltetlbYl1 AwJn T1= Clerk — Pu ..
in the ViN Dym November 9.20Ia.
Publlshetl 1�� Ine Vall Dally Novamhar 9. ?012
iRSR2cno: '
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