TC Council Packet 06-26-2012
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com
HEIL LAW
TO: Honorable Mayor Carroll and Town Council Members
CC: Patty McKenny , Acting Town Manager; Larry Brooks, Advisor; Matt Pielsticker,
Planner II
FROM: Eric Heil, Town Attorney
RE: Traer Creek LLC Preliminary PUD Amendment Application
DATE: June 22, 2012
Summary: Town Council conducted a public hearing for Preliminary PUD review of the Village (at
Avon) Planned Unit Development amendment application (“Application”) on June 19, 2012 and
took action to continue the public hearing to June 26, 2012 in order to allow preparation of
Findings of Fact for Council consideration.
Findings of Fact and Record of Decision: Attached is a draft Findings of Fact and Record of
Decision for Council consideration. Matt Pielsticker, Planner II; Larry Brooks, Town Advisor; and I
jointly worked on the draft Findings of Fact and Record of Decisions based on comments and
direction from the June 19, 2012 Avon Town Council meeting. We used our best efforts to
document what we believe we heard as comments and direction from Council. The Council can
modify the Findings of Fact and/or the decision as may be determined by Council.
Version 10 of PUD Guide: The applicant has submitted Version 10 of the PUD Guide (in
comparison format to Version 9) which incorporates responses to public comments staff
comments, Planning and Zoning Commission comments, and Town Council comments. Version
10 was submitted after business hours on June 21, 2012; therefore, a complete staff review of the
changes is not available for the Council packet. However, as a result of discussions with attorneys
for the applicant on the morning of June 21, 2012, Town staff encouraged the applicant to submit
Version 10 of the PUD Guide which incorporated applicant’s responses so that the public hearing
and review on June 26, 2012 could more accurately focus on outstanding and remaining planning
issues. The draft Findings of Fact and Record of Decision are intended to incorporate and reflect
the changes in Version 10 of the PUD Guide.
Presentation: Town staff would like to provide a comprehensive presentation to explain the
differences between Version 10 and the current PUD Guide and highlight outstanding planning
issues.
Continued Public Hearing: The Council must conduct a public hearing on June 26, 2012 prior to
taking any action on the Traer Creek LLC Preliminary PUD Application for the Village (at Avon).
Thanks, Eric
& PLANNING, LLC
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012
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AVON TOWN COUNCIL
FINDINGS OF FACT
AND RECORD OF DECISION
CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT
AMENDMENT APPLICATION FOR THE VILLAGE (AT AVON)
The following findings of fact and 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 (the “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 (the “Town”) on March 23, 2012 by Harvey Robertson of RMT Architects,
representing the owners of the Village (at Avon) property (the “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. Application Complete. On May 7, 2012 the Application was determined to be
complete.
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
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012
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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 (20) 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 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 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.
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
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
DRAFT FINDINGS OF FACT AND RECORD OF DECISION FOR COUNCIL CONSIDERATION AT THE JUNE 26, 2012
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are reflected in Version 9. The Amended PUD Guide Version 9 was also distributed to
Council on June 1, 2012.
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. Notice of Public Hearing. 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.
15. 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, Design Review Board Powers, and Parkland Dedications. The PZC listed sixteen
(16) issues that were not addressed given the amount of time afforded.
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.
17. Version 10 of PUD Guide. On late June 21, 2012, after business hours, the Town staff
received via e-mail Version 10 of the PUD Guide which incorporated numerous revisions
as stated in Applicant’s memoranda dated June 8 and June 9 and to incorporate responses
to other issues discussed at the Planning and Zoning Commission Public Hearings and
discussed at the June 19, 2012 public hearing conducted by the Avon Town Council.
Town staff was afforded minimal opportunity to review Version 10 of the PUD Guide
prior to the June 22, 2012 time for copying and delivering materials to the Avon Town
Council and prior the June 26, 2012 Avon Town Council public hearing.
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18. Continued Preliminary Public Hearing. On June 26, 2012 the Town Council
conducted the continued public hearing and continued further review of the Amended
PUD Guide.
19. Review Timeframe, Scope of Changes. The Preliminary PUD Review process and
schedule has been reduced from the minimum permitted timeframe allowed in the Avon
Municipal Code to accommodate the request of the other litigating parties in order to
implement the Settlement Term Sheet. The reduced timeframe for review and public
hearings has negatively and adversely affected the ability of the Avon Planning and
Zoning Commission, the Avon Town Council and the Avon Town staff to conduct a
complete and comprehensive review of the Preliminary Planned Unit Development
Application. At the same time, the Preliminary Planned Unit Development application
presents numerous and comprehensive changes to all aspects of the Village (at Avon)
PUD Guide which greatly exceeds the changes contemplated in the Settlement Term
Sheet.
20. 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 Avon Town Council finds that further consideration of
proposed revisions to the PUD Guide and PUD Master Plan which are not directly related
to implementing matters expressly identified in Schedule 3 of the Settlement Term Sheet
may be beneficial to the Avon community to the extent such revisions improve the
overall quality of the Village (at Avon) PUD and reduce the potential for future conflicts
in the interpretation and administration of the Village (at Avon) PUD.
21. Findings of Fact Related to Specific Aspects of the Application. The Town Council
has considered the Staff Report from Matt Pielsticker dated June 15, 2012, public
comments, applicant testimony, and makes the following Findings of Fact related to
specific aspects of the Preliminary PUD Application:
A. Extension to Vested Property Rights. The Planning and Zoning Commission
recommended approval of a six year extension of vested property rights along with
reasons and conditions stated in the PZC Preliminary PUD Findings and
Recommendations.
B. School Site Dedication. The Application proposes approximately 3.6 acres in
Planning Area I (now referred to as Planning Area E) and the remaining
approximately 3.7 acres will be satisfied through future conveyance in Planning Area
M (now referred to as Planning Area I). Planning Area E is encumbered by numerous
utility easements which reduce the useable acreage of the site and which bisect the
usable acreage of the site. The Stone Creek Charter School provided correspondence
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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dated June 5, 2012 and June 13, 2012 which states that the utility easements and
encumbrances limit the ability of the school to fully utilize the property. The Eagle
County School District provided written comments on May 29, 2012 and oral
comments objecting to the split school site proposal. The Planning and Zoning
Commission recommended that Council not approve the school site dedications as
proposed in the application.
C. Planning Area N-South. The application proposes changing a portion of the
Community Park in existing Planning Area N (Planning Area N-South) situated
adjacent to the northwest corner of the I-70/Post Boulevard interchange side from
park use to commercial zoning (proposed Planning Area J) to specifically allow
hotel/lodging in addition commercial uses such as gas station, convenience retail,
restaurant and similar uses. Due to the construction of the Post Boulevard
interchange and Swift Gulch road, existing Planning Area N has become bifurcated
by Swift Gulch road which negatively impacts the functionality of Planning Area N
as a cohesive regional park site. 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. The application proposes to relocate the 5.8 acres park land in
proposed Planning Area I, J, and/or K to be determined at the discretion of the
developer. The Planning and Zoning Commission recommended approval of the
change of use of existing Planning Area N-South from park land to commercial in the
PZC Preliminary PUD Findings and Recommendations. Version 10 of the PUD
Guide proposes minimum standards to address the planning and siting of park lands
in proposed Planning Areas I, J, and/or K.
D. Hotel Use for Proposed Planning Area J. Existing road and utility infrastructure
exists (assuming construction of water storage tank) to support hotel use. Hotel use
adjacent to or in close proximity to the I-70/Post Boulevard interchange is likely to be
a viable commercial use. Development of Planning Area J is likely to be very visible
from I-70, which presents both opportunities for marketability and commercial
viability as well as concerns about design and character of the Town of Avon’s
primary eastern gateway.
E. Road Access to Proposed Planning Area I (current Planning Area M). 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. 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.
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F. Hillside Density (Proposed Planning Areas K and RMF-1). The existing PUD
Guide allows for a maximum of 280 residential units to be served off a cul-de-sac.
G. Administrative Subdivision Approval. The PUD Guide permits “Superblocks” and
potential building massing which may impact adjoining neighborhoods. The
Administrative Subdivision approval process does not set forth a procedure or
mechanism to notify the general public or permit public hearing or comment by the
general public.
H. Maximum Commercial Density. Potential impacts of eliminating the maximum
commercial density as currently defined in the PUD Guide have not been fully
analyzed and are unknown.
I. Municipal Code Exceptions – Exhibit G. The application proposes a new Exhibit
G which itemizes specific sections of the Avon Municipal Code which do not apply
to the Village (at Avon) project. Exhibit G establishes a new regulatory format along
with changes to the Vested Property Rights language and the change to utilize the
Avon Municipal Code as exists on the “Effective Date” as defined in the CARADA.
The full extent and effect of selective exemptions from sections of the Avon
Municipal is not currently understood. The necessity of specifically exempting
specific sections of the Avon Municipal Code is also not understood. The duration of
the proposed exemptions and the applicability of amendments to the Avon Municipal
Code or regulations of general applicability to the Village (at Avon) is also not
understood.
J. Procedural Modifications and Public Review. The application proposes significant
changes to the review procedures and ability of the general public to receive notice of
various development applications and have the opportunity to comment. At the same
time, the application proposes significant greater flexibility in land uses throughout
the Project. Due process is an essential right of the residents and property owners of
Avon, including noticed hearings allowing for an informed public to provide input to
decision makers. Appropriate opportunities for public awareness and participation in
the development application review process often result in identifying potential
negative impacts of specific development proposes and potential conflicts between
land uses and promotes compatibility between land uses.
K. Buffering. Changes in the permitted uses to allow additional commercial uses and
expanded commercial uses in Planning Areas A, C, D and F may create additional
adverse impacts to adjoining neighborhoods.
L. Water Allocation Calculation and Tracking. The water rights are described as
Single Family Equivalent, which does not conform with the description of
consumptive use credits in the Traer Creek Water Storage Tank Agreement, 1997
Water Service Agreement, and the 1999 First Amendment to Water Service and Tap
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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Fee Agreement. The proposed on-going control and approval of water rights
allocation by the Master Developer presents unique implications for the
administration of the build-out of the Project.
M. Wildlife Mitigation Plan. The Town received comments from Colorado Parks &
Wildlife which may not accurately assess the potential wildlife impacts of the
application. The applicant has proposed revisions in Version 10 of the PUD Guide to
further define maximum building envelopes for Planning Area K.
N. Master Developer. The definition, role and duration of the “Master Developer”
presents long term changes from the current PUD Guide, which changes are not fully
understood.
O. Subdivision. The application proposes significant changes to the applicable
subdivision review criteria and procedures.
BASED ON THE FINDINGS OF FACT STATED HEREIN AND BASED ON THE
REVIEW CRITERIA SET FORTH IN AVON MUNICIPAL CODE §7.16.060(E)(4), THE
AVON TOWN COUNCIL HEREBY APPROVES THE PRELIMINARY PLANNED
UNIT DEVELOPMENT APPLICATION WITH THE FOLLOWING CONDITIONS:
1. In accordance with AMC Section 17.16.060(e)(3) the approval of the Village (at Avon)
Preliminary Planned Unit Development application shall vest no rights to the applicant other
than the right to submit a final PUD development plan.
2. The final PUD development plan application shall be submitted in a complete form to the
Town staff at least one week prior to the Thursday noon deadline for meeting packet for the
Planning and Zoning Commission to allow the Town staff adequate time to prepare a
complete and comprehensive staff report.
3. The application shall be revised to eliminate any changes which reduce the public review
process for all development applications.
4. The application shall be revised to propose an appropriate opportunity for public notice and
comment for administrative subdivisions for Planning Areas A, B, C, D, E, F and J.
5. The application shall be revised to eliminate the administrative subdivision process for
Planning Areas K, I and RMF-1.
6. The application shall be revised to eliminate the language regarding water rights tracking and
allocation and water rights tracking and allocation shall be addressed in the CARADA.
7. The application shall be revised to conform with the terms in the CARADA where necessary
and appropriate.
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8. Planning and Zoning Commission shall be afforded the entire minimum 35 day timeframe
from the initial public hearing on Final PUD review as set forth in AMC Section 7.16.020(e)
to provide a complete recommendation to the Avon Town Council.
9. The Planning and Zoning Commission shall specifically review and provide
recommendations on the following matters:
a. The effect of revisions to the Vested Property Rights language; the effect of restricting
the ability of the Town to apply future amendments of the Avon Municipal Code to the
Project; the effect, interpretation and consistency of exempting selected sections of the
Avon Municipal Code to the Project as set forth in Exhibit G; and the effect of adopting
definitions which replace or supplement definitions in the Avon Municipal Code.
b. The effect of changes to the public review process for all development applications in the
Village (at Avon).
c. The effect of any changes to the scope and authority of the Design Review Board.
d. The effect of general changes to the description of use categories for all Planning Areas.
e. The specific effect of adding new uses to Planning Areas.
f. The impact of proposed revisions on existing neighborhoods adjacent to the Project and
the effectiveness of any proposed development standards or other methods to mitigate
potential negative effects with particular regard to establishing or maintain effective
buffers between incompatible uses.
g. Planning considerations related to eliminating the residential density for proposed
Planning Area I.
h. Planning considerations related to the access road to proposed Planning Area I including
minimum road development and design standards.
i. Planning considerations related to changes the minimum and maximum required
percentage mix of residential and commercial uses within Planning Areas A, C, D and F.
j. The effectiveness of existing and proposed procedures and development standards to
address potential conflicts and impacts of various land uses internally within the Project
which may arise from proposed revisions to uses.
k. The size, shape, location, access and other site characteristics of Planning Area B as
relates to its intended use, including the size and use of water features and/or
impoundment areas.
TRAER CREEK LLC VAA PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT
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l. The effect of proposed revisions and clarifications to address wildlife impacts. Proposed
revisions and clarifications shall be forwarded to the Colorado Department of Wildlife for
additional comment and review provided that such referral shall not extend or delay the
time frame for review by the Planning and Zoning Commission.
m. The current and projected capacity of the Eagle County School District and the projected
student generation from the Project shall be further analyzed and considered.
n. The impact of utility easements and other encumbrances on the usability of Planning
Area E and any potential safety issues which arise from the presence of gas utilities.
o. The effect of the definition and authority of the Master Developer.
p. The effect of water rights allocation and method of tracking and accounting.
q. The effect of proposed changes to the definition of residential unit and resident uses for
proposed Planning Area K as relates to the total potential traffic impact and emergency
vehicle access for development served by a cul-de-sac.
r. Planning considerations related to dedication of Open Space Tracts OS-9 and OS-10.
s. Planning considerations related to the proposed hotel building height of 135’ for Planning
Area A and Planning Area I.
t. Planning considerations related to the reduced minimum width of current East Beaver
Creek Boulevard (proposed “Main Street”).
u. Planning considerations related to monument signage.
10. The Planning and Zoning Commission shall review and provide recommendations on such
other matters as deemed appropriate during Final PUD Review pursuant to the role, duties
and review criteria established in the Avon Municipal Code.
11. The Avon Town Council expressly reserves the right to review any and all aspects of the
application for compliance with the applicable review criteria for final PUD review.
APPROVED BY THE AVON TOWN COUNCIL BY A VOTE OF ______ IN FAVOR
AND ______ OPPOSED on the 26th day of June, 2012.
By:________________________________ Attest:____________________________________
Rich Carroll, Mayor Catherine Mythen, Deputy Town Clerk
999369.9999369.10
The Village
(at Avon)
Amended and Restated
PUD Guide
TABLE OF CONTENTS
Page
999369.9999369.10 -i-
A. PURPOSE/GENERAL PROVISIONS .............................................................................. 1
1. Defined Terms ....................................................................................................... 1
2. Purpose ................................................................................................................... 1
3. Vested Property Rights .......................................................................................... 2
4. General Provisions ................................................................................................. 3
5. Applicability of Other Regulations ........................................................................ 5
6. Conflict .................................................................................................................. 6
B. TOTAL PERMITTED DENSITY ..................................................................................... 6
1. Commercial and Industrial Uses ............................................................................ 6
2. Dwelling Units ..................................................................................................... 67
C. WATER ALLOCATION CALCULATION AND TRACKING .................................... 67
1. General ................................................................................................................. 67
2. Allocation of Water; Limitation on Development ................................................. 7
3. Water Rights Master List ..................................................................................... 78
4. Return of Water to Water Bank ........................................................................... 78
D. GENERAL LAND USE DESIGNATIONS ...................................................................... 8
1. Designations ........................................................................................................... 8
2. Permitted Uses ..................................................................................................... 89
E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD .......... 89
1. General ................................................................................................................. 89
2. Planning Area A - Village Center Mixed Use Project ........................................... 9
3. Planning Area B -Community Facilities .......................................................... 1213
4. Planning Areas C and D - Village Residential Mixed Use Projects ................ 1314
5. Planning Area E - School ................................................................................. 1718
6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects ... 1819
7. Planning Area J – Regional/Neighborhood Commercial and Residential
Mixed Use Projects .......................................................................................... 2324
8. Planning Area K - Hillside Residential ............................................................ 2527
9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ..................... 2729
10. Planning Areas P1-P43: Parkland ................................................................... 3032
TABLE OF CONTENTS
(continued)
Page
999369.9999369.10 -ii-
11. Planning Areas OS1 – 0S67: Natural Open Space ......................................... 3133
12. Planning Areas PF-1 – PF-3: Public Facility ................................................. 3335
F. SPECIAL REVIEW USE ............................................................................................ 3537
1. Special Review Use Permit .............................................................................. 3537
2. Application Filing and Processing ................................................................... 3537
3. Submittal Requirements for Special Review Use ............................................ 3638
4. Condition Precedent to Town Approval .......................................................... 3638
5. Criteria for Review, Recommendation, and Approval of Special Review
Uses .................................................................................................................. 3638
6. Amendments to Special Review Use Permit ................................................... 3739
G. TEMPORARY USES AND STRUCTURES .............................................................. 3739
1. Temporary Use Permit ..................................................................................... 3739
2. Condition Precedent to Town Approval .......................................................... 3840
3. Application Filing and Processing ................................................................... 3840
H. SUBDIVISION ............................................................................................................ 3840
1. Multiple Buildings on Single Lot or Superblock ............................................. 3840
2. Administrative Subdivision Process ............................................................... 38 40
I. DEVELOPMENT PLAN AMENDMENT PROCEDURES ...................................... 4246
1. General ............................................................................................................. 4246
2. Formal Amendments ........................................................................................ 4247
3. Administrative Amendments ........................................................................... 4347
4. Modifications Not Requiring Amendment ...................................................... 4549
J. SUPPLEMENTAL REGULATIONS ......................................................................... 4550
1. Interim Uses ..................................................................................................... 4550
2. Fireplace Regulations........................................................................................ 463. Signs 4751
3. Parking Requirements .......................................................................................... 51
4. Surface Parking Landscaping Requirements ................................................... 4751
5. Surface Parking LandscapingDrainage Requirements..................................... 4851
6. Drainage Requirements ..................................................................................... 487. Sidewalk and Trail Standards 52
7. Alternative Equivalent Compliance and Trail Standards.................................. 488. Other Variances 4852
TABLE OF CONTENTS
(continued)
Page
999369.9999369.10 -iii-
9. Supplemental Design Requirements ..................................................... 49Standards 53
10. Modifications to Building Envelopes .................................................................. 49
10 Wildlife Mitigation Plan ...................................................................................... 53
11. Wildlife Mitigation Plan ........................................... 50Design Review Guidelines 53
12. Design Review Guidelines ...................................... 50Natural Resource Protection 54
13. Stream Setback Provisions .............................................................................. 5014. Residential Fire Suppression Systems 5154
15. 14. Park, Recreation and Trail Access ................................................................... 5154
16. 15. Affordable Housing Plan ................................................................................. 5155
17. 16. Provision of Certain Amenities ........................................................................ 5356
EXHIBIT A Legal Description ............................................................................................... A-1
EXHIBIT B PUD Master Plan ............................................................................................... B-1
EXHIBIT C The Village (at Avon) Parking Regulations....................................................... C-1
EXHIBIT D Wildlife Mitigation Plan .................................................................................... D-1
EXHIBIT E Minimum Design Guideline Standards ............................................................... E-1
EXHIBIT F Street Standards .................................................................................................. F-1
EXHIBIT G Municipal Code Provisions Not Applicable to The Village (at Avon)
PUD.................................................................................................................... G-1
EXHIBIT H Referenced Development Code Sections ........................................................... H-1
EXHIBIT I Definitions............................................................................................................ I-1
999369.9999369.10
The Village
(at Avon)
Restated
A. PURPOSE/GENERAL PROVISIONS.
1. Defined Terms. Initially capitalized words and phrases used in the PUD Guide
have the meanings set forth in Exhibit I of this PUD Guide.
2. Purpose.
(a) The Village (at Avon) PUD encompasses the Property, which is a large
parcel of land under unified development control of the Master Developer (together with and on
behalf of the Developer Affiliates) as of the Effective Date, and is suitable for creation of a
Planned Unit Development (PUD) and development of the Property in accordance therewith in
accordance with applicable state law and Town policies and regulations.
(b) In accordance with the terms and conditions of that certain
SETTLEMENT TERM SHEET made and entered into the 7th day of October, 2011, by and
between the Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC,
Traer Creek-RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer
Creek-HD LLC, and Traer Creek-WMT LLC (the “Settlement Term Sheet”), the Town’s final
non-appealable approval of this PUD Guide establishes and implements specific terms and
conditions of the Settlement Term Sheet and shall be binding on all parties to the Settlement
Term Sheet.
(c) The Original PUD Guide previously was amended by and includes
(collectively, the “Prior Amendments”):
(i) PUD Development Plan Administrative Amendment No. 1
(amending the PUD Master Plan only), dated May 21, 2001, and recorded in the real
property records of Eagle County, Colorado, on July 31, 2001 at Reception No. 763439.
(ii) PUD Guide Administrative Amendment No. 2, dated February 13,
2002, and recorded in the real property records of Eagle County, Colorado, on February
29, 2002 at Reception No. 786254.
999369.9999369.10 2
(iii) PUD Guide Administrative Amendment No. 3, dated May 15,
2002, and recorded in the real property records of Eagle County, Colorado, on May 15,
2001 at Reception No. 795806.
(iv) PUD Guide Administrative Amendment No. 4, dated May 15,
2002, and recorded in the real property records of Eagle County, Colorado, on May 15,
2002 at Reception No. 795805.
(v) Formal Amendment Number One to The Village (at Avon) PUD
Guide, dated January 25, 2007, and recorded in the real property records of Eagle
County, Colorado, on March 2, 2007 at Reception No. 200705491.
(d) The purpose of this PUD Guide is to amend and restate in its entirety the
original PUD Guide, including the incorporation into a single document of the Prior
Amendments and the amendments contemplated in the Settlement Term Sheet, for ease of
reference and to implement the terms and conditions of the Settlement Term Sheet. Accordingly,
this PUD Guide expressly supersedes any additional or conflicting provisions of the Municipal
Code and sets forth the sole and exclusive approved zoning; land Uses; type, density and
intensity of Use; and Development Standards applicable within The Village (at Avon) PUD.
3. Vested Property Rights.
(a) The Original PUD Guide, together with other elements of the
Development Plan and related development approvals, was a Site Specific Development Plan as
defined in the Vested Property Rights Statute and the Town’s then-current Vested Property
Rights Regulations (i.e., Section 17.14.100 of the Municipal Code as in effect on October 13,
1998), pursuant to which the Town granted Vested Property Rights with respect to such Site
Specific Development Plans for a term of 35 years from the Original Effective Date. Consistent
with the foregoing and in implementation of the Settlement Term Sheet, this PUD Guide ratifies
the Vested Property Rights originally granted and extends the term of such Vested Property
Rights (including with respect to future amendments to any such Site Specific Development
Plan) through and including December 31,October 20, 2039.
(b) Individually and collectively, the Development Plan, the approved Sketch
Plan and any Preliminary Plans and (and each constituent element thereof) together with any
Final PlatsPlat approved by the Town as a Site Specific Development Plan subsequent to the
Original Effective Date, and any amendments to any of the foregoing approved prior or
subsequent to the Effective Date, constitute an approved Site Specific Development Plan as
defined in and authorized by the Vested Property Rights Statute and Section ___ of the
Development Agreement. Accordingly, Master Developer, the Developer Affiliates and other
Landowners within The Village (at Avon) PUD shall have Vested Property Rights to the full
extent of the Vested Property Rights Statute to undertake and complete development and use of
the Property as provided in the Development Plan and related Site Specific Development Plans,
which rights shall be and remain vested for the duration of the Vesting Term set forth in Section
____ of the Development Agreement.
999369.9999369.10 3
(c) Notwithstanding any additional or contrary provision of the Municipal
Code, including but not limited to the Vested Property Rights Regulations, the term of the
Vested Property Rights with respect to such Site Specific Development Plans (or amendments
thereto) shall not expire, be deemed forfeited, or otherwise limited or impaired prior to January
1, 2040.October 21, 2039. Without limiting the generality of the foregoing, approval of any
future amendment to this PUD Guide, the PUD Master Plan, the Development Agreement or to
any other Site Specific Development Plan approved with respect to the Property shall not be
conditioned on or be made subject to the Applicant’s, Landowner’s or Master Developer’s
consent to a Vested Property Rights term of any duration shorter than the then-remaining Vested
Property Rights term as set forth above, and the scope of Vested Property Rights established
herein specifically includes the Vested Property Right for such amendments to be and remain
vested through and including December 31,October 20, 2039.
4. General Provisions.
(a) Control Over Use, Location and Bulk. From and after the Effective Date,
and subject to compliance with the Development Standards set forth in the Development Plan for
the affected Planning Area and any additional or more restrictive standards and requirements set
forth in the Design Review Guidelines or the Design Covenant:
(i) Any new Building or Structure, and any parcel of land or Site, may
be used; and
(ii) The Use of any existing Building, Structure, parcel of land or Site
may be changed or extended; and
(iii) The Design Review Board shall, in conformance with the
Development Plan, establish the final Use and final location and bulk of all future
Buildings, Structures and improvements; and
(iv) Any existing Building or Structure may be enlarged, reconstructed,
structurally altered, converted or relocated for any purpose or Use permitted or required
by the provisions of this PUD Guide that is applicable to the Site in which such Building,
Structure, Site or parcel of land is located, and for no other purposes or Uses.
(b) Incorporation of PUD Master Plan. The PUD Master Plan, together with
everything shown thereon and all amendments thereto approved by the Town subsequent to the
Effective Date, is hereby incorporated by reference into this PUD Guide as Exhibit B.
Collectively, this PUD Guide, the PUD Master Plan and the Development Agreement are
referred to herein as the “Development Plan.”
(c) Design Covenant. The Property is encumbered by and subject to the
Design Covenant, which shall govern matters related to the use and development of all or any
part of the Property. Where any conflict between the Design Covenant and the Development
Plan may occur, the more restrictive provision shall govern.
(d) Design Review Board. As contemplated by the Design Covenant, the
Design Review Board has been organized to administer and enforce the Design Covenant and
999369.9999369.10 4
Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board
shall have authority to review and approve the use and development of all or any part of the
Property. Without limiting the generality of the foregoing, the Design Review Board has
authority to approve or deny (i) any Use within the Property, including without limitation, Uses
by Right, Special Review Uses, Temporary Uses and, as applicable, Interim Uses; and (ii) an y
Building, Structure or improvement within the Property. The Town’s approval of any
Application within the Property for development of a Use or Site is conditioned upon the Town’s
prior receipt of a certificate of approval executed by the President of the Design Review Board.
(e) Design Review Guidelines. Pursuant to the Design Covenant, Design
Review Board has prepared, approved and promulgated the Design Review Guidelines to
supplement and complement this PUD Guide. Where any conflict may occur between the
Design Review Guidelines and the Development Plan, the more restrictive provision shall
govern.
(f) Planning Areas and Boundaries, Road Alignments, Lot Lines
(i) (f) Planning Areas and Boundaries, Road Alignments, Lot Lines
The street and road alignments depicted on the PUD Master Plan are either designated
thereon as either permanent, temporary (not permanent and intended to be replaced in the
future) or conceptual alignments. UntilNotwithstanding any contrary provision of this
PUD Guide, until such time as made permanent or temporary in connection with an
approved Final Platand executed Public Improvements Agreement, the conceptual
alignments are non-binding and provided only for illustrative purposes to show one of
various potential alignments, general circulation patterns, vehicular ingress and egress to
and from Planning Areas and traffic connectivity to adjacent property outside of the
Property. The alignment of future temporary and permanent streets shall be subject to
review and approval by the Town in connection with subdividing the applicable portion
of the Property and submittal by the Applicant of engineered road design plans, as set
forth in Section H of this PUD Guide. Planning Area boundaries shall be construed as
follows: (i) whenever a Planning Area abuts an exterior boundary of the Property, the
Planning Area shall be construed to coincide with such exterior boundary of the Property;
(ii) wherever a street abuts a Planning Area as shown in the PUD Master Plan, the
Planning Area boundary shall be construed to coincide with the center line of such
abutting street; and (iii) wherever a Planning Area contains or otherwise does not abut a
street or the exterior boundary of the Property, the Planning Area boundary shall be as
shown in the PUD Master Plan., and such Applicant shall be required to submit
engineered road design plans for, and shall be required to construct, only the portion of a
street that is necessary to serve the phase and property subject to the applicable
Application. Notwithstanding the foregoing, if such street shall, in connection with
future development of the Project, extend and continue further than such phase and
property subject to the Application and connect to existing or future planned street(s),
such Applicant shall submit as a part of its Application Preliminary Engineering for the
planned extension and continuation of the subject street.
(ii) Planning Area boundaries shall be construed as follows: (i)
whenever a Planning Area abuts an exterior boundary of the Property, the Planning Area
999369.9999369.10 5
shall be construed to coincide with such exterior boundary of the Property; (ii) wherever
a street abuts a Planning Area as shown in the PUD Master Plan, the Planning Area
boundary shall be construed to coincide with the center line of such abutting street; and
(iii) wherever a Planning Area contains or otherwise does not abut a street or the exterior
boundary of the Property, the Planning Area boundary shall be as shown in the PUD
Master Plan.
(g) Issuance of Building Permits; Design Review Board Certification.
(i) Provided an Application for issuance of a building permit (or
grading permit, etc.) complies with the Town’s Building Code (as defined in the
Development Code) and the Development Plan, the Town shall issue such building
permit (or grading permit, etc.) for any construction, improvements or alterations of a
Building, Structure or other form of development requiring a building permit (or grading
permit, etc.) for which the plans, specifications and details have been reviewed and
approved by the Design Review Board as defined herein. A certificate of approval
executed by the President of the Design Review Board shall be affixed to the plans and
specifications made a part of each building permit, grading permit, temporary certificate
of occupancy, permanent certificate of occupancy, etc. Application prior to the Town’s
approval thereof. To facilitate efficient review and approval of building permits (grading
permits, etc.), the Town’s building department may accept for processing a building
permit (or grading permit, etc.) concurrently with such Applicant’s submittal of plans,
specifications and details to the Design Review Board for review and approval of such
permit; provided, however, the Town shall not approve any Application for a building
permit (or grading permit, etc.) or temporary or permanent certificate of occupancy
unless a certificate of Design Review Board approval is affixed thereto as required by this
Section A.4(g)(i), such issued certification of Design Review Board approval being an
express condition precedent to the Town’s approval of any Application for a building
permit (or grading permit, etc.) or temporary or permanent certificate of occupancy.
(ii) Additionally, the Design Review Board certification shall
affirmatively state the Design Review Board’s confirmation, and the Director shall
confirm, an Application’s compliance with:
(1) the supplemental design and improvement standards set
forth in Section J.98 prior to issuing a building permit for construction of a
Building designated for Hotel, Motel and Lodging Uses within Planning Area J.
(2) the supplemental design standards for signs set forth in
Section J.92 prior to issuing a building permit for construction of off-site
monumentation within Planning Area RMF-2.Areas A, C, J and OS3, and Tract B,
Final Plat Village (at Avon) Filing 2 (a portion of Planning Area RMF-2).
5. Applicability of Other Regulations.
(a) General. Except as otherwise expressly provided in the Development
Plan, the establishment of Vested Property Rights pursuant to the Development Plan shall not
999369.9999369.10 6
preclude the application on a uniform and non-discriminatory basis of Town regulations of
general applicability to other large-scale master-planned mixed-use development projects within
the Towndevelopers in the Town on a uniform, non-discriminatory and consistent basis
(including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the
Municipal Code, and other Town rules and regulations), and subject only to the exactions and
requirements set forth in the Development Plan and any other approved Site Specific
Development Plans or the application of state or federal regulations, as all of such regulations
existed on the Original Effective Date or may be enacted or amended after the Original Effective
Date; provided, however that such newly enacted or amended Town regulations shall not directly
or indirectly have the effect of adversely altering, impairing, preventing, diminishing, imposing a
moratorium on development, delaying or otherwise adversely affecting any of Master
Developer’s, Developer Affiliates’ or other Landowners’ substantive or procedural rights set
forth in the Development Agreement, this PUD Guide, the PUD Master Plan or any approved
Preliminary Plan or Final Plat for any portion of the Property. Neither Master Developer,
Developer Affiliates nor any Landowner waive their right to oppose the enactment or
amendment of any such regulations.
(b) Modifications and Exceptions. Pursuant to the supplemental regulations
set forth in Section J of this PUD Guide, certain provisions of the Municipal Code either are
superseded in their entirety by this PUD Guide or apply within The Village (at Avon) but are
subject to the modifications set forth in such supplemental regulations. Additionally, the
provisions of the Municipal Code which are set forth in Exhibit G of this PUD Guide are,
without limiting any other present or future regulations or provisions of the Municipal Code
which have similar effect from being similarly excepted, specifically identified as provisions that
directly or indirectly have the effect of adversely altering, impairing, preventing, diminishing,
imposing a moratorium on development, delaying or otherwise adversely affecting Master
Developer’s, Developer Affiliates’ or other Landowners’ rights (whether Vested Property Rights
or other right) set forth in the Development Agreement, this PUD Guide, the PUD Master Plan or
any approved Preliminary Plan or Final Plat for any portion of the Property, and therefore shall
not be applicable within The Village (at Avon) PUD.
6. Conflict. The Development Standards and other terms, conditions and criteria set
forth in the Development Plan shall prevail and govern the development of The Village (at
Avon). Where the Development Plan does not address a specific subject, the applicable
provisions of the Municipal Code shall, to the extent such Municipal Code provisions are not in
conflict or otherwise inconsistent with any provision of the Development Plan, control the
development of The Village (at Avon). Additionally, application of such Municipal Code
provisions shall not directly or indirectly have the effect of altering, impairing, preventing,
diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting
any of Master Developer’s, Developer Affiliates’ or other Landowners’ Vested Property Rights
set forth in the Development Plan. Provisions of the Design Review Guidelines which are more
restrictive than either the Development Plan or the Municipal Code shall prevail in any instance
where there is a conflict. In interpreting the intended effect of this subsection A.6, the Town
acknowledges that the Development Plan and the Development Standards are intended to address
all potential development standards applicable within The Village (at Avon). Accordingly, the
Town shall apply that interpretation which gives the broadest reasonable effect to the
Development Standards and the Development Plan, and that gives the narrowest reasonable
999369.9999369.10 7
effect to any provision of the Municipal Code which explicitly or implicitly could be construed
to conflict with or limit the development rights established by the Development Standards and
the Development Plan. For ease of reference only, excerpts of the Development Code expressly
referenced in this PUD Guide are attached as Exhibit H to this PUD Guide, provided that such
excerpts are not and shall not be construed to be substantive provisions of this PUD Guide.
B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at
Avon) PUD shall not exceed:
1. Commercial and Industrial Uses. No stated maximum density, it being the intent
that the functional limit on development of Commercial Uses and Industrial Uses shall be
determined by compliance with the applicable Building Envelope requirements for each
Planning Area as set forth in this PUD Guide.
2. Dwelling Units. No stated maximum density,2,400 Dwelling Units (excluding
Planning Area I), provided that, subject to compliance with the total permitted density of 2,400
Dwelling Units for The Village (at Avon) for all Planning Areas excluding Planning Area I, there
shall be no maximum density on a Planning Area by Planning Area basis except as otherwise
expressly provided in this PUD Guide with respect to Planning Areas K and RMF-1, it being the
intent that the functional Planning Area by Planning Area limit on development of Residential
Uses shall be determined by compliance with the applicable Building Envelope requirements for
each Planning Area as set forth in this PUD Guide, and, with respect to Planning Area K, as
Dwelling Units
within Planning Area I shall not count toward the total permitted density of 2,400 Dwelling Units
and there shall be no maximum density regarding Residential Uses on Planning Area I.
C. WATER ALLOCATION CALCULATION AND TRACKING.
1. General. Certain water rights have been conveyed to the Upper Eagle Regional
Water Authority (“UERWA”) to be used in connection with the development of the Project and
to serve Uses within The Village (at Avon). The amount of the water rights conveyed has been
calculated based upon the application of a single-family equivalent (“SFE”) as set forth in that
certain Traer Creek Water Storage and Water Service Agreement entered by, among other
parties, the Town, the Master Developer and UERWA, dated effective as of ___________, 2012.
The total amount of such conveyed water rights is 2,800 SFE, and, accordingly, 2,800 SFE (the
“Water Rights”) are allocated to serve development within The Village (at Avon) PUD (the
“Water Bank”).
2. Allocation of Water; Limitation on Development. The Master Developer shall, in
a written notice to the Town, designate the amount of the Water Rights then-available in the
Water Bank that the Master Developer allocates to serve a Final Plat or Site (or applicable
portion thereof) within The Village (at Avon) PUD. Such allocation shall occur at the time of
Final Plat approval; provided, however, if the Final Plat approval is for a Superblock Site, the
allocation of Water Rights shall be made at the time of the Town’s approval of a building permit
for the applicable development within the Superblock. If the amount of allocated Water Rights is
insufficient to serve the Uses(s) contemplated by the Final Plat or building permit, as applicable,
the applicable Applicant shall dedicate, or cause to be dedicated, additional water (or pay
999369.9999369.10 8
applicable fees-in-lieu of water dedication) in full satisfaction of the required SFE, and such
dedication or payment of fees-in-lieu shall be a condition precedent to the Town’s recording of
the applicable Final Plat or issuance of the applicable building permit. Development of the
entirety of The Village (at Avon) as contemplated by the Development Plan may require in
excess of 2,800 SFE to serve such development. The Town shall have no obligation to record a
Final Plat or issue a building permit within the Village (at Avon) PUD unless the requisite
amount of water to serve the Use(s) contemplated by such Final Plat or such building permit, as
applicable, is available to serve the same through one or any combination of the following: (i)
allocation by the Master Developer of a portion or all of the Water Rights in the Water Bank
then-available for allocation; (ii) dedication of water by or on behalf of the applicable Applicant;
and (iii) payment of fees-in-lieu of water dedication by the applicable Applicant.
3. Water Rights Master List. The Master Developer and the Town shall coordinate
to develop and maintain a master list of the Water Rights, which shall include information
describing each allocation by Master Developer of Water Rights (in SFE) to serve a Final Plat,
Site or individual development within a Site, as applicable, and the amount of outst anding and
un-allocated Water Rights (in SFE) available in the Water Bank from time to time for allocation
to serve future development within The Village (at Avon) PUD (the “Master List”). The Master
Developer and the Town shall coordinate to update the Master List contemporaneously with each
allocation of Water Rights by the Master Developer based upon the amount of Water Rights (in
SFE) allocated pursuant to the Master Developer’s written notice of allocation in accordance
with subsection 2 above.
4. Return of Water to Water Bank. If the amount of Water Rights allocated by the
Master Developer for any particular Final Plat, Site (or portion thereof) or Use exceeds the
amount of water actually required to serve such Final Plat, Site (or portion thereof) or Use based
upon actual development and final build-out thereof, the excess and unused SFE shall be
returned to the Water Bank and the Master Developer and the Town shall coordinate to update
the Master List accordingly. Any such excess and unused SFE so returned to the Water Bank
shall be available for allocation by the Master Developer to serve The Village (at Avon) in
accordance with this Section C as though such Water Rights previously had not been allocated
from the Water Bank to serve development within The Village (at Avon).
D. GENERAL LAND USE DESIGNATIONS.
1. Designations. The following list identifies Planning Areas within The Village (at
Avon) PUD and their respective general land use designations:
(a) Planning Area A: Village Center Mixed-Use Projects
(b) Planning Area B: Community Facilities
(c) Planning Areas C and D: Village Residential Mixed-Use Projects
(d) Planning Area E: School
(e) Planning Areas F, G, H and I: Regional Commercial Mixed Use Projects
999369.9999369.10 9
(f) Planning Area J: Regional/Neighborhood Commercial and Residential
Mixed Use Projects
(g) Planning Area K: Hillside Residential
(h) Planning Areas RMF-1 and RMF-2: Multi-Family Residential
(i) Planning Areas OS1 through OS7, inclusive: Natural Open Space
(j) Planning Areas P1 through P3, inclusive: Parkland
(k) Planning Areas PF-1 through PF-3, inclusive: Public Facilities
2. Permitted Uses. Notwithstanding the generality of the foregoing land use
designations, Uses and Use Categories permitted within each Planning Area are set forth in
Section E (Development Standards), Section G (Temporary Uses and Structures) and Section J
(Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are
defined in Exhibit I of this PUD Guide.
E. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD.
1. General.
(a) The following Development Standards shall govern development of the
referenced Planning Areas. Uses permitted within The Village (at Avon) include all Use
Categories and all Uses within each Use Category, together with Accessory Uses, Primary
Structures and Accessory Structures relating to such Uses. Within each individual Planning
Area, such Uses are designated as Uses by Right, Special Review Uses or Excluded Uses. A Use
by Right within a particular Planning Area includes all Uses within the specified Use Category
except to the extent specifically designated as a Special Review Use or an Excluded Use.
(b) Where particular Uses within a Use Category are listed as Uses by Right
within a particular Planning Area and the Use Category also is listed as a Use by Right, such
particularly listed Uses shall be construed as examples and clarifications of the Use Category and
not as limitations on other Uses within the Use Category being developed as Uses by Right.
Where particular Uses within a Use Category are listed as Uses by Right with a particular
Planning Area but the Use Category is not listed as a Use by Right, such particularly listed Uses
shall be construed as Uses by Right that are exceptions to the Use Category itself not being a Use
by Right.
(c) Temporary Uses may be permitted on a case by case basis, even though
such Uses otherwise may be within a Use Category that is not permitted within the applicable
Planning Area.
(d) All Uses, Buildings and Structures within The Village (at Avon) PUD are
subject the Design Review Guidelines, the Design Covenant, and prior written approval of the
Design Review Board. For the avoidance of doubt, except as expressly set forth in this PUD
999369.9999369.10 10
Guide, the Town shall have no jurisdiction over design review with respect to The Village (at
Avon).
2. Planning Area A - Village Center Mixed Use Project.
(a) Uses by Right: Except as specifically identified as Special Review Uses in
Section E.2(b) below or specifically excluded in Section E.2(c) below, the following Primary
Uses and Accessory Uses:
(i) Commercial Uses; provided, however, no single retail business
shall occupy more than 65,000 of consolidated Gross Square Footage.
(ii) Animal Boarding (excluding outdoor Animal Boarding), as an
Accessory Use to another Commercial Use only, and subject to review and written
approval by the Design Review Board authorizing such Use.
(iii) Kennels (excluding outdoor Kennels), as an Accessory Use to
another Commercial Use only, and subject to review and written approval by the Design
Review Board authorizing such Use.
(iv) Residential Uses.
(v) Mixed Use Projects; provided, however, (a) no Uses specifically
excluded in Section E.2(c) below shall be included in such Mixed Use Project, (b) no
Uses specifically identified as Special Review Uses in Section E.2(b) below shall be
included except pursuant to the review and approval processes set forth in Section F
below, and (c) Light Industrial Use(s) are subject to the limitation set forth in subsection
(vib)(ii) above.
(vi) Light Industrial Uses; provided, however, such Use must be
developed as part of a Mixed Use Project which includes Commercial Use(s).below.
(vi) (vii) Educational facilities including, but not limited to public and
private schools, universities, and colleges.
(vii) (viii) Cabled Telecommunications Equipment, Cabled
Telecommunications Facilities and Cabled Telecommunications Services (each of the
foregoing being subject to review and written approval by the Design Review Board
authorizing such Use).
(viii) (ix) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
foregoing being subject to review and written approval by the Design Review Board
authorizing such Use).
(ix) (x) Dry Utilities (subject to review and written approval by the
Design Review Board authorizing such Use).
999369.9999369.10 11
(x) (xi) Infrastructure.
(xi) (xii) Indoor recreation and/or entertainment facilities.
(xii) (xiii) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xiii) (xiv) Parks and Open Space.
(xiv) (xv) Tramways, gondolas and lifts.
(xv) (xvi) Off-site monumentation (provided that the Design Review
Board has exclusive authority regarding review and approval of all signs, including
monumentation, within The Village (at Avon) PUD).
(xvi) (xvii) Accessory Uses and Structures customarily appurtenant to
the foregoing Uses by Right.
(xvii) (xviii) Agricultural Use (as an Interim Use only).
(xviii) (xix) Rodeo and ancillary carnival (as an Interim Use only).
(xix) (xx) Recycling Facility (as an Interim Use only).
(xx) (xxi) Snow storage (as an Interim Use only).
(xxi) (xxii) Mobile Home office/storage Use (as an Interim Use only).
(xxii) (xxiii) Driving course and accessory hospitality services related to
automobile demonstrations, promotions and sales, not to exceed 60 days in the aggregate
in a calendar year (as an Interim Use), provided that such Use exceeding 60 days in the
aggregate in a calendar year shall be a Temporary Use.
(xxiii) (xxiv) Rock and gravel crushing operations related to rock and
gravel materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
(xxiv) (xxv) Construction staging (as an Interim Use only).
(xxv) (xxvi) Additional Uses which the Director determines to be similar
to uses by right.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(i) Single retail businesses occupying more than 65,000 of
consolidated Gross Square Footage.
999369.9999369.10 12
(ii) Light Industrial Uses; provided, however, such Use must be
developed as part of a Mixed Use Project which includes Commercial Use(s).
(iii) (ii) Minor Automobile Repair Shops.
(iv) (iii) Outdoor entertainment facilities that include the use of
amplified music (subject to review and written approval by the Design Review Board
authorizing such Use).
(v) (iv) Heliport, only as an Accessory Use to a hospital or other
medical facility, including but not limited to a clinic (subject to review and written
approval by the Design Review Board authorizing such Use).
(vi) (v) Service Station (for the sale of only electric form of fuel for
motorized vehicles).
(vii) (vi) Recycling Facilities.
(c) Excluded Uses:
(i) Animal Boarding (outdoor).
(ii) Family Child Care Home.
(iii) Group Home.
(iv) Heavy Industrial Uses.
(v) Kennels (outdoor).
(vi) Mobile Homes.
(vii) Major Automobile Repair Shops.
(viii) Nude Entertainment Establishments.
(ix) (viii) Outdoor Storage.
(x) (ix) Recycling Processing Facility.
(xi) (x) Service Station, except as specifically identified as a Special
Review Use in Section E.2(b).
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Southerly and Westerly boundaries of Planning Area A: 20
feet.
999369.9999369.10 13
(2) All others: None, except as may be necessary to
accommodate utilities, drainage, access, fire and building code regulations and the
flood plain of live streams.
(ii) Maximum Building Height: 80 feet for areas north of Main Street.
55 feet for areas south of Main Street.
(1) South of Main Street: 55 feet.
(2) North of Main Street:
a. Hotel Uses (including without limitation, hotel Uses
comprising a portion of a Mixed-Use Project): 135 feet.
b. All other Uses: 80 feet.
(iii) Maximum Site Coverage: 80%
(iv) Minimum Lot Area: Not applicable.
(e) Commercial Density Maximum: Not applicable.
(f) Residential Density Maximum: Not applicable.
(g) Parking Requirements: As set forth in the Parking Regulations.
(h) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(i) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
3. Planning Area B -Community Facilities.
(a) Uses by Right: Except as specifically identified as Special Review Uses in
Section E.3(b) below or specifically excluded in Section E.3(c) below, the following Primary
Uses and Accessory Uses:
(i) Community Facilities and related amenities as may be mutually
approved by the Town and the Design Review Board.
(ii) Agricultural Use (as an Interim Use only).
(iii) Infrastructure.
(iv) Dry Utilities (subject to review and written approval by the Design
Review Board authorizing such Use).
(v) Snow storage (as an Interim Use only).
999369.9999369.10 14
(vi) Water storage and water resource management facilities.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(i) Outdoor entertainment facilities that include the use of amplified
music (subject to review and written approval of such Use by the Design Review Board).
(c) Excluded Uses:
(i) Commercial Uses.
(ii) Residential Uses.
(iii) Industrial Uses.
(iv) Mixed Use Projects (except as specifically included as a Use By
Right in Section E.3(a) above).
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks: 25 feet from the adjacent road
right-of-way. 20 feet from property line abutting Planning Area A. None from property
line abutting Main Street. There shall be no other setback requirements except as may be
necessary to accommodate utilities, drainage, access, fire and building code regulations
and flood plain of live streams.
(ii) Maximum Building Height: 35 feet.
(iii) Maximum Site Coverage: 20%
(iv) Minimum Lot Area: Not applicable.
(e) Parking Requirements: As set forth in the Parking Regulations.
(f) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
4. Planning Areas C and D - Village Residential Mixed Use Projects.
(a) Uses by Right: Except as specifically identified as Special Review Uses in
Section E.4(b) below or specifically excluded in Section E.4(c) below, the following Primary
Uses and Accessory Uses:
(i) Residential Uses.
999369.9999369.10 15
(ii) Commercial Uses; provided, however, no single retail business
shall occupy more than 5,000 of consolidated Gross Square Footage.
(iii) (ii) Agricultural Use (as an Interim Use only).
(iv) (iii) Community Facilities.
(v) (iv) Child Care Center.
(vi) (v) Bed and Breakfast, Vacation Club, Temporally Divided
Dwellings and short-term rentals.
(vii) (vi) Hospitals, Long-term Care Facilities and other medical
facilities including, but not limited to clinics, independent and assisted living facilities
(including cafeteria and food preparation areas), group and congregate care facilities and
nursing homes.
(viii) (vii) Mixed Use Projects (provided, however, no Uses specifically
excluded in Section E.4(c) below shall be included in such Mixed Use Project, and no
Uses specifically identified as Special Review Uses in Section E.4(b) below shall be
included except pursuant to the review and approval processes set forth in Section F
below).
(ix) (viii) Commercial Parking, Private Parking and Public Parking,
including but not limited to Parking Structures, Bus Stops, Bus Shelters, tramways,
gondolas and lifts.
(x) (ix) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (subject to review and written
approval of such Use by the Design Review Board).
(xi) (x) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (subject to
review and written approval of such Use by the Design Review Board).
(xii) (xi) Infrastructure.
(xiii) (xii) Dry Utilities (subject to review and written approval of such
Use by the Design Review Board).
(xiv) (xiii) Churches, museums, libraries and public buildings.
(xv) (xiv) Indoor recreation and/or entertainment facilities.
(xvi) (xv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xvii) (xvi) Parks and open space.
999369.9999369.10 16
(xviii) (xvii) Family Child Care Home.
(xix) (xviii) Minor Home Occupations.
(xx) (xix) Emergency heliport accessory to a Hospital Heliport, only as
an Accessory Use to a hospital or other medical facility, including but not limited to a
clinic (subject to review and written approval by the Design Review Board authorizing
such Use).
(xxi) (xx) Snow storage (as an Interim Use only).
(xxii) (xxi) Rock and gravel crushing operations related to rock and
gravel materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
(xxiii) (xxii) Construction staging (as an Interim Use only).
(xxiv) (xxiii) Accessory Uses and Structures customarily appurtenant to
Uses by Right.
(xxv) (xxiv) Additional Uses which the Director determines to be similar
to uses by right.
(xxvi) (xxv) Planning Area C Only:
(1) Off-site monumentation (provided that the Design Review
Board has exclusive authority regarding review and approval of all signs, including
monumentation, within The Village (at Avon) PUD).
(2) Health club, athletic club, fitness club, gymnasium and
Commercial indoor recreational facilities, including without limitation, such Use
comprising a portion of a Mixed-Use Project, provided no such Use shall exceed
40,000 square feet in consolidated Gross Square Footage.
(xxvii) (xxvi) Planning Area D Only:
(1) Property that has frontage on Main Street only:
Commercial Uses; provided, however,
a. No single retail business shall exceed 60,000 in
consolidated Gross Square Footage);
b. Animal Boarding (excluding outdoor Animal
Boarding) is subject to review and written approval by the Design Review
Board authorizing such Use; and
999369.9999369.10 17
c. Kennels (excluding outdoor Kennels) are subject to
review and written approval by the Design Review Board authorizing such
Use.
(1) (2) Recycling Facility and accessory trash facility (as an
Interim Use only).
(2) North of Main Street only:
a. Health club, athletic club, fitness club, gymnasium
and Commercial indoor recreational facilities, including without
limitation, such Use comprising a portion of a Mixed-Use Project,
provided no such Use shall exceed 40,000 of consolidated Gross Square
Footage.
(xxviii)(xxvii) Accessory Uses and Structures customarily appurtenant to
the foregoing Uses by Right.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(i) Single retail businesses occupying more than 5,000 of consolidated
Gross Square Footage.
(ii) (i) Within Planning Area C only:
(1) Mixed Use Projects (provided, however, no Uses
specifically excluded in Section E.4(c) below shall be included in such Mixed Use
Project).
(2) Hotel, Motel and Lodge.
(iii) (ii) Within areas of Planning Areas D only:
(1) Areas that have frontage on Main Street only:
(1) Commercial Uses having a single retail business exceeding
60,000 in consolidated Gross Square Footage.
a. (2) Educational facilities including, but not limited
to public and private schools, universities, and colleges.
(3) Light Industrial Uses (subject to review and written
approval by the Design Review Board authorizing such Use);
b. (4) Outdoor entertainment facilities that include the
use of amplified music (subject to review and written approval by the
Design Review Board authorizing such Use).
999369.9999369.10 18
c. (5) Minor Automobile Repair Shops.
d. (6) Major Home Occupations.
e. South side of Main Street only: Health club,
athletic club, fitness club, gymnasium and Commercial indoor recreational
facilities, including without limitation, such Use comprising a portion of a
Mixed-Use Project, provided no such Use shall exceed 40,000 of
consolidated Gross Square Footage.
(2) Recycling Facility and accessory trash facility (as an Interim
Use only).
(c) Excluded Uses:
(i) Animal Boarding (outdoor).
(ii) Family Child Care Home.
(iii) Group Home.
(iv) Heavy Industrial Uses.
(v) Kennels (outdoor).
(vi) Mobile Homes.
(vii) Major Automobile Repair Shops.
(viii) Nude Entertainment Establishments.
(ix) (viii) Outdoor Storage.
(x) (ix) Recycling Processing Center.
(xi) (x) Service Stations.
(xi) Within Planning Area C:
(xii) (1) Light Industrial Uses.
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Front: 25 feet
(2) Side: 20 feet
999369.9999369.10 19
(3) Rear: 20 feet
(4) Southerly boundary of Planning Area D: 20 feet
(ii) Maximum Building Height:
(1) South of Main Street: 48 feet.
(2) North of Main Street:
a. (1) Hospital Uses: 80 feet.
b. (2) All other Uses: 55 feet.
(iii) Maximum Site Coverage: 80%
(iv) Minimum Lot Area: Not applicable.
(e) Commercial Density Maximum: Not applicable.
(f) Residential Density Maximum: Not applicable.
(g) Parking Requirements: As set forth in the Parking Regulations.
(h) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(i) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
5. Planning Area E - School.
(a) Purpose: To mitigate the impact of the Residential Uses proposed for
development within The Village (at Avon) by providing land for school needs generated by the
Residential Uses proposed for development within The Village (at Avon) directly for the benefit
of the children of the Town as reasonably necessary to serve The Village (at Avon) and future
residents thereof.
(b) Uses by Right: The following Primary Uses and Accessory Uses:
(i) Educational uses, limited to use as a state licensed educational
facility serving grades K-12 (or any portion of such grades).
(ii) Agricultural Use (as an Interim Use only).
(iii) Subject to prior written approval from the Design Review Board
authorizing such Uses, the following education-related Uses:
(1) Child Care Facilities.
999369.9999369.10 20
(2) Pre-school facilities.
(3) Community/adult educational facilities.
(4) Cultural and/or art classes.
(5) Recreational facilities.
(6) Museums.
(iv) Infrastructure.
(v) Dry Utilities.
(vi) Such other cultural/community service oriented Uses and facilities
as the Design Review Board may authorize in writing.
(c) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Front: 25 feet
(2) Side: 20 feet
(3) Rear: 20 feet
(ii) Maximum Building Height: 35 feet.
(iii) Maximum Site Coverage: 80%
(iv) Minimum Lot Area: Not applicable.
(d) Parking Requirements: As set forth in the Parking Regulations.
(e) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(f) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects.
(a) Uses by Right: Except as specifically identified as Special Review Uses in
Section E.6(b) below or specifically excluded in Section E.6(c) below, the following Primary
Uses and Accessory Uses:
(i) Commercial Uses.
999369.9999369.10 21
(ii) Residential Uses.
(iii) Mixed Use Projects (provided, however, no Uses specifically
excluded in Section E.6(c) below shall be included in such Mixed Use Project, and no
Uses specifically identified as Special Review Uses in Section E.6(b) below shall be
included except pursuant to the review and approval processes set forth in Section F
below).
(iv) Agricultural Uses (as an Interim Use only).
(v) Educational facilities including, but not limited to public and
private schools, universities, and colleges.
(vi) Community Facilities.
(vii) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (each of the foregoing being subject
to review and written approval of such Use by the Design Review Board).
(viii) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
foregoing being subject to review and written approval of such Use by the Design
Review Board).
(ix) Infrastructure.
(x) Dry Utilities (subject to review and written approval of such Use
by the Design Review Board).
(xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(xii) Churches, museums, libraries and public buildings.
(xiii) Indoor recreation and/or entertainment facilities that do not include
the use of amplified music.
(xiv) Outdoor entertainment facilities that include the use of amplified
music (subject to review and written approval of such Use by the Design Review Board).
(xv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xvi) Parks and open space.
(xvii) Child Care Center.
(xviii) Animal Boarding (excluding outdoor Animal Boarding), subject to
review and written approval by the Design Review Board authorizing such Use
999369.9999369.10 22
(xix) Kennels (excluding outdoor Kennels), subject to review and
written approval by the Design Review Board authorizing such Use.
(xx) Rock and gravel crushing operations related to rock and gravel
materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
(xxi) Construction staging (as an Interim Use only).
(xxii) Planning Areas F and I Only:
(1) Agricultural Use (as an Interim Use only).
(2) Recycling Facility.
(3) Heliport, only as an Accessory Use to a hospital or other
medical facility, including but not limited to a clinic (subject to review and written
approval by the Design Review Board authorizing such Use).
(xxiii) Planning Area H Only:
(1) Building and vehicle maintenance facilities and operations
(subject to review and written approval by the Design Review Board Authorizing
such Use).
(xxiv) Planning Area I Only:
(1) Pedestrian and vehicular bridges, bridge abutments and
improvements reasonably related thereto.
(2) Minor Automobile Repair Shops.
(3) Major Automobile Repair Shops (subject to review and
written approval by the Design Review Board authorizing such Use).
(4) Light Industrial Uses.
(xxv) Additional Uses which the Director determines to be similar to
uses by right.
(xxvi) Accessory Uses and Structures customarily appurtenant to the
foregoing Uses by Right.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(i) Service Station (subject to review and written approval by the
Design Review Board authorizing such Use).
999369.9999369.10 23
(ii) Animal Boarding (outdoor), subject to review and written approval
by the Design Review Board authorizing such Use
(iii) Kennels (outdoor), subject to review and written approval by the
Design Review Board authorizing such Use.
(iv) Planning Areas G and H Only:
(1) Heliport, only as an Accessory Use to a hospital or other
medical facility, including but not limited to a clinic (subject to review and written
approval by the Design Review Board authorizing such Use).
(v) Planning Areas F, G and H Only:
(1) Animal Boarding (outdoor).
(2) Kennels (outdoor).
(vi) Planning Area I Only:
(1) Heavy Industrial Uses (subject to review and written
approval by the Design Review Board authorizing such Use).
(c) Excluded Uses:
(i) Planning Areas F, G and H:
(1) Heavy Industrial Uses.
(2) Major Automobile Repair Shops.
(3) Family Child Care Home.
(4) Group Home.
(5) Mobile Homes.
(6) Nude Entertainment Establishments.
(7) (6) Recycling Processing Center.
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Commercial Uses:
a. Front: 25 feet
999369.9999369.10 24
b. Side: None.
c. Rear: 20 feet
(2) Industrial and Residential Uses:
a. Front: 25 feet
b. Side: 20 feet.
c. Rear: 20 feet
(3) Vertically-integrated Mixed Use Projects:
a. Front: 25 feet
b. Side: None.
c. Rear: 20 feet
(ii) Maximum Building Height:
(1) Commercial Uses:
a. Hotel Uses (including without limitation, hotel Uses
comprising a portion of a Mixed-Use Project) in Planning Area I only:
135 feet.
b. a. Hospital: 80 feet.
c. b. All other Commercial Uses: 48 feet.
(2) Industrial Uses: 48 feet.
(3) Residential Uses:
a. Single-family or duplex: 35 feet.
b. Multi-family: 48 feet.
(4) Vertically-integrated Mixed Use Projects: 48 feet.
(iii) Maximum Site Coverage: 80%.
(iv) Minimum Lot Area: Not applicable.
(e) Commercial Density Maximum:
(i) Planning Areas F, G and H: Not applicable.
999369.9999369.10 25
(ii) Planning Area I only: Not applicable; provided, however, that
until such time as a secondary road access to Planning Area I is constructed and open for
use, no building permits may be issued for Commercial Uses or Industrial Uses.
(f) Residential Density Maximum:
(i) Planning Areas F, G and H: Not applicable.
(ii) Planning Area I only: Not applicable; provided, however, that
until such time as a secondary road access to Planning Area I is constructed and open for
use, building permits may be issued for no more than 280 Dwelling Units for Planning
Area I (provided that Primary/Secondary Dwelling Units situated on the same Lot shall
be considered one Dwelling Unit).
(g) Parking Requirements: As set forth in the Parking Regulations.
(h) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(i) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
7. Planning Area J – Regional/Neighborhood Commercial and Residential Mixed
Use Projects.
(a) Uses by Right: Except as specifically identified as Special Review Uses in
Section E.7(b) below or specifically excluded in Section E.7(c) below, the following Primary
Uses and Accessory Uses:
(i) Residential Uses.
(ii) Commercial Uses.
(iii) Mixed Used Projects.
(iv) Minor Automobile Repair Shops (subject to review and written
approval by the Design Review Board authorizing such Use).
(v) Community Facilities.
(vi) Agricultural Use (as an Interim Use only).
(vii) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (each of the foregoing being subject
to review and written approval of such Use by the Design Review Board).
(viii) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
999369.9999369.10 26
foregoing being subject to review and written approval of such Use by the Design
Review Board).
(ix) Infrastructure.
(x) Dry Utilities.
(xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(xii) Recreational facilities.
(xiii) Parks and open space.
(xiv) Off-site monumentation (provided that the Design Review Board
has exclusive authority regarding review and approval of all signs, including
monumentation, within The Village (at Avon) PUD).
(xv) Rock and gravel crushing operations related to rock and gravel
materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
(xvi) Construction staging (as an Interim Use only).
(xvii) Additional uses which the Director determines to be similar to uses
by right.
(xviii) Accessory Uses and Structures customarily appurtenant to uses by
right.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(i) Light Industrial Uses (subject to review and written approval by
the Design Review Board authorizing such Use).
(ii) Churches, museums, libraries and public buildings.
(iii) Child Care Center.
(c) Excluded Uses:
(i) Major Automobile Repair Shops.
(ii) Nude Entertainment Establishments.
(d) Building Envelope Requirements:
(i) Building Setback Requirements:
999369.9999369.10 27
(1) Residential and Light Industrial Uses:
a. Front: 20 feet (except as provided below).
b. Side: 20 feet (except as provided below).
c. Rear: 20 feet (except as provided below).
(2) Commercial Uses:
a. Front: 20 feet (except as provided below).
b. Side: None (except as provided below).
c. Rear: 20 feet (except as provided below).
(3) Notwithstanding the foregoing, the minimum Building
Setback within areas abutting the Interstate 70 right-of-way shall be:
a. Commercial Uses and Light Industrial Uses: 10
feet.
b. Residential Uses: 40 feet.
(ii) Maximum Building Height:
(1) Commercial and Light Industrial Uses: 48 feet.
(2) Residential Uses:
a. Single-family or duplex: 35 feet.
b. Multi-family: 48 feet.
(3) Vertically-integrated Mixed Use Projects: 48 feet.
(iii) Maximum Site Coverage: 80%
(iv) Minimum Lot Area: Not applicable.
(e) Commercial Density Maximum: Not applicable.
(f) Residential Density Maximum: Not applicable.
(g) Parking Requirements: As set forth in the Parking Regulations.
(h) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
999369.9999369.10 28
(i) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
8. Planning Area K - Hillside Residential.
(a) Uses by Right: Except as specifically excluded in Section E.8(b) below,
the following Primary Uses and Accessory Uses:
(i) Residential Uses.
(ii) Agricultural Use (as an Interim Use only).
(iii) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (each of the foregoing subject to
review and written approval of such Use by the Design Review Board).
(iv) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
foregoing subject to review and written approval of such Use by the Design Review
Board).
(v) Infrastructure.
(vi) Dry Utilities (subject to review and written approval of such Use
by the Design Review Board).
(vii) Recreational facilities.
(viii) Parks and open space.
(ix) Wedding facilities (subject to review and written approval of such
Use by the Design Review Board).
(x) Cemetery (subject to review and written approval of such Use by
the Design Review Board).
(xi) Public Facilities.
(xii) Community Facilities.
(xiii) Homeowner association facilities including, but not limited to, a
caretaker unit (as a Secondary Structure), clubhouse and restaurant, community meeting
facilities, recreational facilities, and other similar facilities and amenities.
(xiv) Rock and gravel crushing operations related to rock and gravel
materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
999369.9999369.10 29
(xv) Construction staging (as an Interim Use only).
(xvi) Accessory Uses and Structures customarily appurtenant to uses by
right.
(xvii) Additional uses which the Director determines to be similar to uses
by right.
(b) Excluded Uses:
(i) Commercial Uses (excluding cemetery, wedding facilities and
restaurant Uses).
(ii) Industrial Uses.
(c) Building Envelope Requirements: The layout, location, size and number
of Lots within Planning Area K as depicted on the PUD Master Plan are conceptual, non-binding
and provided only for illustrative purposes only. The precise layout, location, size and number
of Lots and the precise location of the Building Envelope for each Lot within Planning Area K
will be as established by and reflected in the Final Plat creating the Lot, and shall be based on
various site specific features of the Lot such as the topography, grade, natural vegetation and
similar matters, but shall generally comply with the following requirements unless such
compliance is determined to be impractical or unreasonable.
(i) Minimum Building Setbacks:
(1) Front: 25 feet (except as set forth below).
(2) Side: 20 feet (except as set forth below).
(3) Rear: 20 feet (except as set forth below).
(4) For Lot 1: 20 feet from the property line, except as
otherwise required to accommodate utilities, drainage, access, fire and building
code regulations, and the flood plain of live streams.
(ii) Maximum Building Height:
(1) Residential Uses:
a. Single-family or duplex: 35 feet.
b. Multi-family: 48 feet.
(2) Homeowner association amenities, Community Facilities
and Commercial Uses: 35 feet.
(iii) Maximum Site Coverage: As toThe lesser of (a) 1 acre of the
applicable Lot; or (b) 80% of the applicable Lot, provided that the final Site coverage
999369.9999369.10 30
shall be set forth as the Building Envelope for each Lot on the Final Plat creating the
applicable Lot, provided further that, in any event, such Building Envelope shall comply
with the requirements of this subsection.
(iv) Minimum Lot Area: 1 acre.
(d) Commercial Density Maximum: Not applicable.
(e) Residential Density Maximum: Not applicable; provided, however, that
until such time as a secondary road access to Planning Area K and Planning Area RMF-1 is
constructed and open for use, building permits may be issued for no more than 280 Dwelling
Units in the aggregate for Planning Area K and Planning Area RMF-1 (provided that
Primary/Secondary Dwelling Units situated on the same Lot shall be considered one Dwelling
Unit).
(f) Parking Requirements: As set forth in the Parking Regulations.
(g) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(h) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family.
(a) Uses By Right: The following Primary Uses and Accessory Uses:
(i) Residential Uses.
(ii) Community Facilities.
(iii) Commercial Parking, Private Parking and Public Parking.
(iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(v) Agricultural Use (as an Interim Use only).
(vi) Child Care Center.
(vii) Independent and assisted living facilities (including cafeteria and
food preparation areas).
(viii) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings
and short-term rentals.
(ix) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (each of the foregoing subject to
review and written approval of such Use by the Design Review Board).
999369.9999369.10 31
(x) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
foregoing subject to review and written approval of such Use by the Design Review
Board).
(xi) Infrastructure.
(xii) Dry Utilities (subject to review and written approval of such Use
by the Design Review Board).
(xiii) Recreational facilities.
(xiv) Temporary real estate offices and construction offices.
(xv) Residential management office.
(xvi) Planning Area RMF-1 only:
(1) Wedding facilities
(2) Restaurant
(xvii) Planning Area RMF-2 only:
(1) Pedestrian bridges.
(xviii) Tract B, Final Plat Village (at Avon) Filing 2 (a portion of
Planning Area RMF-2) only:
(1) Commercial Uses.
(2) Off-site monumentation (provided that the Design Review
Board has exclusive authority regarding review and approval of all signs, including
monumentation, within The Village (at Avon) PUD).
(xix) Rock and gravel crushing operations related to rock and gravel
materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
(xx) Construction staging (as an Interim Use only).
(xxi) Accessory Uses and Structures customarily appurtenant to uses by
right.
(xxii) Additional uses which the Director determines to be similar to uses
by right.
(b) Excluded Uses:
999369.9999369.10 32
(i) Commercial Uses (except as specifically included in Section 9(a)).
(ii) Industrial Uses.
(iii) Mobile Homes.
(c) Building Envelope Requirements:
(i) Building Setback Requirement:
(1) Front: 25 feet.
(2) Side: 20 feet.
(3) Rear: 20 feet.
(ii) Maximum Building Height:
(1) Single-family or duplex: 35 feet.
(2) Multi-family: 48 feet.
(3) Commercial: 48 feet.
(iii) Maximum Site Coverage: 80%.
(iv) Minimum Landscaped Area: 20%.
(v) Minimum Lot Area: Not applicable.
(d) Commercial Density Maximum:
(i) Planning Area RMF-2: Not applicable.
(ii) Planning Area RMF-1: Not applicable.
(e) Residential Density Maximum:
(i) Planning Area RMF-2: Not applicable.
(ii) Planning Area RMF-1: Not applicable; provided, however, that
until such time as a secondary road access to Planning Area K and Planning Area RMF-1
is constructed and open for use, building permits may be issued for no more than 280
Dwelling Units in the aggregate for Planning Area K and Planning Area RMF-1
(provided that Primary/Secondary Dwelling Units situated on the same Lot shall be
considered one Dwelling Unit).
(f) Parking Requirements: As set forth in the Parking Regulations.
999369.9999369.10 33
(g) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(h) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
10. Planning Areas P1-P3: Parkland.
(a) Uses By Right: Except as specifically identified as Special Review Uses
in Section E.10(b) below or specifically excluded in Section E.10(c) below, the following
Primary Uses and Accessory Uses:
(i) Agricultural Use (as an Interim Use only).
(ii) Construction/building material staging area (as an Interim Use
only).
(iii) Community Facilities (subject to review and written approval of
such Uses by the Design Review Board).
(iv) Equestrian, pedestrian and bicycle trails.
(v) Landscape improvements.
(vi) Indoor and outdoor, sports, training and recreation facilities
(subject to review and written approval of such Uses by the Design Review Board).
(vii) Lakes, ponds, reservoirs and irrigation ditches.
(viii) Parks, picnic facilities and temporary entertainment for special
events.
(ix) Infrastructure.
(x) Dry Utilities (subject to review and written approval of such Uses
by the Design Review Board).
(xi) Rock and gravel crushing operations related to rock and gravel
materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only).
(xii) Construction staging (as an Interim Use only).
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(c) Excluded Uses:
999369.9999369.10 34
(i) Residential Uses.
(ii) Commercial Uses.
(iii) Industrial Uses.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: No minimum except must be
sufficient to accommodate utilities, drainage, access, fire and building code regulations
and flood plain of live streams.
(ii) Maximum Building Height: 2035 feet.
(iii) Maximum Site Coverage: Not applicable.
(iv) Minimum Lot Area: Not applicable.
(e) Parking Requirements: As set forth in the Parking Regulations.
(f) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
11. Planning Areas OS1 – 0S7: Natural Open Space.
(a) Uses By Right: Except as specifically identified as Special Review Uses
in Section E.11(b) below or specifically excluded in Section E.11(c) below, the following
Primary Uses and Accessory Uses:
(i) Agricultural Use (as an Interim Use only).
(ii) Equestrian, pedestrian and bicycle trails.
(iii) Landscape improvements.
(iv) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (each of the foregoing being subject
to review and written approval of such Use by the Design Review Board).
(v) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
foregoing being subject to review and written approval of such Use by the Design
Review Board).
(vi) Infrastructure.
999369.9999369.10 35
(vii) Dry Utilities (subject to review and written approval of such Uses
by the Design Review Board).
(viii) Snow storage.
(ix) Public or private roads and utilities including but not limited to
utility improvements, lines and mains, facilities, services and buildings; provided,
however, such uses which are located in Planning Area OS6 shall be oriented on a
generally north-south axis.
(x) OS1 – OS4 and OS7:
(1) Rock and gravel crushing operations related to rock and
gravel materials excavated within the Village (at Avon) PUD in connection with
on-site development and construction of the applicable portion of the Project (as an
Interim Use only).
(2) Construction staging (as an Interim Use only).
(xi) OS1 – 0S5 and OS7:
(1) Lakes, ponds, reservoirs and irrigation ditches.
(2) Park and picnic facilities and related parking.
(xii) OS5 and OS6 (subject to review and written approval of such Uses
by the Design Review Board):
(1) Community Facilities.
(2) Recreational Uses including public river access.
(3) Pedestrian and vehicular access, roads, bridges, bridge
abutments and improvements reasonably related thereto.
(xiii) OS3:
(1) Off-site monumentation (provided that the Design Review
Board has exclusive authority regarding review and approval of all signs, including
monumentation, within The Village (at Avon) PUD).
(b) Special Review Uses:
(i) OS6 only: The following Uses shall be permitted pursuant to the
review and approval processes set forth in Section F below:
(1) Lakes, ponds, reservoirs and irrigation ditches.
999369.9999369.10 36
(2) Park and picnic facilities and related parking (subject to
review and written approval of such Uses by the Design Review Board).
(c) Excluded Uses: All Uses other than Uses by Right and Special Review
Uses specifically listed above.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: Not applicable.
(ii) Maximum Building Height: Not applicable.
(iii) Maximum Site Coverage: Not applicable.
(iv) Minimum Lot Area: Not applicable.
(v) Minimum Lot Area: Not applicable.
(e) Parking Requirements: As set forth in the Parking Regulations.
(f) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
12. Planning Areas PF-1 – PF-3: Public Facility.
(a) Uses By Right: Except as specifically identified as Special Review Uses
in Section E.12(b) below or specifically excluded in Section E.12(c) below, the following
Primary Uses and Accessory Uses:
(i) Agricultural Use (as an Interim Use only).
(ii) Public Facilities.
(iii) Landscape improvements.
(iv) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services (each of the foregoing being subject
to review and written approval of such Use by the Design Review Board).
(v) Wireless Telecommunications Equipment, Wireless
Telecommunications Facilities and Wireless Telecommunications Services (each of the
foregoing being subject to review and written approval of such Use by the Design
Review Board).
(vi) Infrastructure.
999369.9999369.10 37
(vii) Dry Utilities (subject to review and written approval of such Use
by the Design Review Board).
(viii) Within Tract E, Final Plat, The Village At Avon Filing 3 (Planning
Area PF-3), and Tract F, Final Plat, The Village At Avon Filing 3 as amended (Planning
Area PF-2), in accordance with and subject to the terms and conditions of Ordinance No.
06-16:
(1) emergency services facilities such as ambulance, fire
protection; and
(2) similar uses and services as determined by the Director.
(b) Special Review Uses: The following Uses shall be permitted pursuant to
the review and approval processes set forth in Section F below:
(i) Lakes, ponds, reservoirs and irrigation ditches.
(ii) Park and picnic facilities and related parking.
(c) Excluded Uses: All Uses other than Uses by Right and Special Review
Uses specifically listed above.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: Not applicable.
(ii) Maximum Building Height: 35 feet.
(iii) Maximum Site Coverage: Not applicable.
(iv) Minimum Landscaped Area: 20%.
(v) Minimum Lot Area: Not applicable.
(e) Parking Requirements: As set forth in the Parking Regulations.
(f) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section J below.
(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
999369.9999369.10 38
F. SPECIAL REVIEW USE.
1. Special Review Use Permit.
(a) A Special Review Use shall require a special review use permit prior to
the issuance of a building permit or the commencement of the use identified as a Special Review
Use in the Development Standards.
(b) A Special Review Use shall not be considered a Use by Right without
review and approval, as set forth in Section F.2 below, nor shall a Special Review Use be
permitted unless the Design Review Board approves a development plan for the applicable site.
(c) The procedural and substantive requirements set forth in this Section F
constitute the sole and exclusive Special Review Use regulations applicable within The Village
(at Avon) PUD and
.
2. Application Filing and Processing.
(a) An Application with required materials (see Section F.3 below) shall be
filed with Community Development. Only complete submittals shall be accepted.
(b) Staff shall review the Application in accordance with the criteria
established in this section and present the Application at a public hearing before the Planning and
Zoning Commission in accordance with Section 7.16.020(e) of the Development Code, as
amended.
(c) Developments and uses granted by special review use permit shall be
developed or established in accordance with the timeframe provided in the approved special
review use permit, or within two years of the date of approval if the timeframe is not established
in the approved special review use permit. Subject to extension in accordance with subsection
6(b) below, failure to develop or establish such development or Uses in accordance with the
timeframe established on the permit (or two years from the date of approval if no timeframe is
established on the permit) shall result in the expiration of the permit.
(d) A special review use permit is valid as long as conditions of approval are
maintained by the Applicant, unless a specific time limit for the use is set forth as part of the
approval. Subject to extension in accordance with subsection 6(b) below, if an approved Use
ceases operation for any reason for a period of one year, the special review use permit shall be
deemed expired.
(e) If the conditions of a permit become the responsibility of a person or
entity other than the Applicant, Community Development shall be notified in writing, identifying
the new person or entity responsible for maintaining the conditions of the approval/permit. Until
such notice is received, the Applicant shall remain responsible. Such notice shall be attached to
the permit on file at Community Development.
999369.9999369.10 39
(f) If conditions of approval are not maintained, it shall be considered a
violation of the Development Plan and the special review use permit shall be subject to
revocation proceedings in accordance with the applicable provisions of the Municipal Code, the
Design Review Guidelines and the Design Covenant.
3. Submittal Requirements for Special Review Use. Only complete submittals shall
be accepted. No Application shall be deemed complete unless the Applicant has submitted to
Community Development any or all of the following materials which are, in the opinion of the
Director, relevant to the particular permit being requested:
(a) A complete special review use permit Application and required fee;
(b) A legal description of the parcel;
(c) A site plan showing proposed Uses and structures on the property;
(d) Scaled elevations and/or perspective drawings of any proposed structures;
(e) A proposed development schedule indicating:
(i) Date of the beginning of the Use and/or construction;
(ii) Phases in which the project may be developed and the anticipated
rate of development;
(iii) The anticipated date of completion of the project;
(f) Any agreements, provisions or covenants to be recorded;
(g) Restoration or reclamation plans shall be required for all Uses requiring
extensive grading, for extractive Uses, and may be required for other Uses as necessary;
(h) A statement regarding any provisions for proper ongoing maintenance of
the Use and site;
(i) Any additional materials, which, in the opinion of the Director, are
necessary to adequately review the Application.
4. Condition Precedent to Town Approval. It shall be a condition precedent to the
approval of an Application for a special review use permit that such Application is, prior to
approval, accompanied by a certificate of approval executed by the President of the Design
Review Board evidencing the Design Review Board’s review and approval of the proposed Use
and the associated site plans, elevations, drawings, development schedule and other required
documents, as applicable.
5. Criteria for Review, Recommendation, and Approval of Special Review Uses.
The staff and the planning and zoning commission shall consider the following criteria when
evaluating an Application for a special review use permit:
999369.9999369.10 40
(a) Whether the proposed Use otherwise complies with all requirements
imposed by the Development Plan;
(b) Any significant impacts (including, but not limited to, hours of operation,
traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result
from the Use will be mitigated to the extent practicable;
(c) The demand, if any, for public services or infrastructure exceeding current
capacity is mitigated as reasonably practical.
6. Amendments to Special Review Use Permit.
(a) No approved Special Review Use may be modified, structurally enlarged
or expanded in ground area, unless such modification, enlargement or expansion (i) receives the
prior approval of the planning and zoning commission, which shall be obtained by repetition of
the granting procedures provided in this Section F; or (ii) qualifies as a “minor expansion” and
receives the prior approval of the Director, which minor expansion shall processed and a
decision administratively rendered. For purposes of this Section F, a “minor expansion” is a
modification to an approved Special Review Use that does not result in more than a 2515%
increase in consolidated Gross Square Footage of such Use and does not result in more than a
2515% increase in the size of the Site for such Use.
(b) Prior to the expiration date of a special review use permit due to cessation
of an approved Special Review Use for any reason for a period of one year or due to failure to
develop or establish an approved Special Review Use in accordance with the timeframe
established on the permit (or two years from the date of such approval if no timeframe is
established on the permit) as provided for in subsection 2 above, an Applicant may request, in
writing, approval of an extension of such expiration date and the Director may administratively
approve up to a one-year extension of an approved Special Review Use.
G. TEMPORARY USES AND STRUCTURES.
1. Temporary Use Permit.
(a) Except as otherwise provided in this PUD Guide with respect to Interim
Uses (which Uses shall not be considered Temporary Uses and shall not be subject to this
Section G), a Temporary Use shall require a temporary use permit prior to the issuance of a
building permit or the commencement of such Temporary Use (excluding “exempt” Temporary
Uses as indentified in the Development Code).
(b) A Temporary Use shall not be permitted without review and approval, as
set forth in this Section G; nor shall a Temporary Use be approved unless the Design Review
Board approves such Use in writing and/or approves, as applicable, a development plan for the
applicable Site.
(c) Except as superseded, amended or supplemented by the provisions of this
Section G, the procedural and substantive requirements set forth in the Development Code for
Temporary Uses and temporary structures shall apply within The Village (at Avon) PUD. If
999369.9999369.10 41
there is any express or implied conflict between the terms and conditions of this Section G and
the terms and conditions of the Municipal Code, this Section G shall control.
2. Condition Precedent to Town Approval. It shall be a condition precedent to the
approval of an Application for a temporary use permit that such Application is, prior to approval,
accompanied by a certificate of approval executed by the President of the Design Review Board
evidencing the Design Review Board’s review and approval of the proposed Use and the
associated site plans, elevations, drawings, development schedule and other required documents,
as applicable.
3. Application Filing and Processing.
(a) An Application with required materials shall be filed with Community
Development in accordance with the Development Code
(b) Staff shall review the Application in accordance with the criteria
established in Section 7.24.080 of the Development Code and administratively process the
Application or present the Application at a public hearing before the Planning and Zoning
Commission in accordance with Section 7.24.080 of the Development Code.
(c) Notwithstanding any provision of the Development Code to the contrary,
the Design Review Board shall have sole and exclusive authority regarding review and approval
of all signs associated with a Temporary Use or structure. Any such signs approved by the
Design Review Board shall be removed by the Applicant upon the earlier of the cessation of the
Temporary Use activity or expiration of the temporary use permit.
H. SUBDIVISION.
1. Multiple Buildings on Single Lot or Superblock. Within The Village (at Avon)
PUD, multiple Buildings and/or Structures may be constructed upon a single Lot or Superblock
without the requirement of further subdivision into individual Lots so long as the real property
comprising the single Lot or Superblock upon which such Buildings and/or Structures are
situated is held in common fee ownership by a single Landowner. A ground lessee or lessee of a
Building or Structure shall not be deemed to be a Landowner, and no further subdivision into
individual Lots shall be required for ground leases or leases of BuildingBuildings or
StructureStructures within The Village (at Avon) PUD.
2. Administrative Subdivision Process.
(a) Administrative Review and Approval. General.
(i) The procedural and substantive requirements set forth in this
Section H.2 constitute the sole and exclusive subdivision regulations applicable within
The Village (at Avon) PUD and
.
(ii) SubdivisionsExcept with respect to the initial subdivision of any
land within Planning Area K and Planning Area RMF-1 and except as set forth in Section
999369.9999369.10 42
H.2(d), subdivisions, subdivision amendments and re-subdivisions within The Village (at
Avon) PUD (including without limitation, any amendments to or re-subdivisions of Lot
1, Final Plat of The Village (at Avon) Filing 1) shall require Final Plat review and
approval only (no Preliminary Plan approval shall be required), which review and
approval shall be administrative with an administrative decision rendered on such Final
Plat by the Director, provided that the Applicant first submits to Community
Development, in connection with the pre-application conference contemplated by Section
7.16.20(a) of the Development Code, an illustrative drawing depicting the proposed
layout of Lots and streets within the proposed subdivision. Initial subdivision of any land
within Planning Area K (but not subdivision amendments or re-subdivisions of any land
within Planning Area K) shall, in addition to the requirement of administrative review
and administrative approval of a Final Plat, require Preliminary Plan review and
approval, all in accordance with the requirements of this Section H.
(iii) SubdivisionNotwithstanding any provision of this Section H,
subdivision review and approval shall not be required for any division of land excepted
from the subdivision process in accordance with Section 7.16.070 of the Development
Code or for any of the following:
(1) Dedication of land for right-of-way or other public use, or
conveyances relating to the vacation of land designated for public use;
(2) Correction of a legal description in a prior conveyance;
(3) Any transfer by operation of law or bequest;
(4) Lease of property (granting of leasehold interests) for any
period of time;
(5) Division of land created by the foreclosure, or provision of
deed-in-lieu of foreclosure, of a lien, mortgage, deed of trust or any other security
instrument.
(b) Preliminary Plan.
(i) Application Filing and Processing.
(1) An Application with required materials (see Subsection H.2
below) shall be filed with Community Development. Only complete submittals
shall be accepted.
(2) Town Council shall render the final decision on a
Preliminary Plan Application in accordance with the criteria for review and
approval established in this section and after conducting a public hearing in
accordance with Section 7.16.020(e) of the Development Code.
999369.9999369.10 43
(3) Public notice of the Town Council hearing on the applicable
Preliminary Plan Application shall be given in accordance with Section 7.16.020(d)
of the Development Code.
(4) As set forth in Section J.7 of this PUD Guide, requested
variances and/or alternative equivalent compliance approvals, if any, from the
Town Development Standards (Section 7.28 of the Development Code, as amended
from time to time) or Town Engineering Improvements Standards (Section 7.32 of
the Development Code, as amended from time to time) shall be considered by the
Town.
(ii) Application Submittal Items. Only complete submittals shall be
accepted. No Application shall be deemed complete unless the Applicant has submitted
to Community Development any or all of the following materials which are, in the
opinion of the Director, relevant to the particular Preliminary Plan Application:
(1) A complete Preliminary Plan Application and required fee;
(2) A legal description of the parcel;
(3) Title commitment;
(4) Survey plat;
(5) Proposed SFE water allocation assigned to the property, as
applicable;
(6) Utility approval and verification form; and
(7) Preliminary plan.
With respect to any submittal item, if the Applicant disagrees with the determination of
the Director with respect to the required substance or quality of such submittal item, the
Town and the Applicant shall jointly appoint a third party having experience in
engineering and subdivision matters to review the Application and decide upon the
appropriateness of the required substance and quality of such submittal item. Such third
party’s determination as to the required substance or quality of such submittal item shall
be binding upon the Town and the Applicant.
(iii) Criteria for Review and Approval. Town Council shall consider
the following criteria when evaluating an Application for Preliminary Plan approval:
(1) The proposed subdivision shall comply with all applicable
Use, density and dimensional standards set forth in the Development Plan that
would affect the layout of Lots, blocks and streets;
(2) There are adequate public facilities for potable water supply,
sewage disposal (or if other methods of sewage disposal are proposed, adequate
999369.9999369.10 44
evidence that such system shall comply with state and local laws and regulations),
solid waste removal, electrical supply, fire protection and streets;
(3) The proposed road extensions are consistent with the
Development Plan;
(4) Appropriate utilities, including water, sewer, electric, gas
and telephone utilities, have provided “capacity to serve” letters for the proposed
subdivision;
(5) Evidence that all areas of the proposed subdivision that may
involve soil or topographical conditions presenting hazards or requiring special
precautions have been identified by the applicant and that the proposed use of such
areas is compatible with such conditions or adequate mitigation is proposed; and
(6) The subdivision application addresses the responsibility for
maintaining all streets, open spaces, and other public and common facilities in the
proposed subdivision.
(c) Final Plat.
(i) (b) Final Plat Application Filing and Processing.
(1) (i) An applicationApplication with required materials (see
Subsection H.2(cii) below) shall be filed with Community Development. Only
complete submittals shall be accepted.
(2) Subject to Subsection H.2(d), staff and the Director shall
review the application in accordance with the criteria established in this section and
the Director shall administratively render a decision on the Final Plat in accordance
with the criteria for review and approval of this section.
(3) (ii) Subject to Subsection H.2(e), staff and the Director shall
review the application in accordance with the criteria established in this section and
the Director shall administratively render a decision on the Final Plat in accordance
with the criteria for review and approval of this section. As set forth in Section
J.87 of this PUD Guide, requested variances and/or alternative equivalent
compliance approvals, if any, from the Town Development Standards (Section 7.28
of the Development Code, as amended from time to time) or Town Engineering
Improvements Standards (Section 7.32 of the Development Code, as amended from
time to time) willshall be considered by the Town.
(4) (iii) Except as set forth in Subsection H.2(ed), nothe sole
public notice requirements shall apply torequirement applicable to the processing
and approval of Final Plats within The Village (at Avon) shall be the giving of
mailed notice by the Town (at the expense of the Applicant) by first-class mail to
all real property owners within 300 feet of the property which is the subject of the
applicable Final Plat Application, as measured from the boundary of the subject
999369.9999369.10 45
property. Mailed notice shall be postmarked at least 11 days prior to the Director
rendering a decision on the Final Plat Application. The content of the mailed
notice shall include those matters set forth in Section 7.16.020(d)(3) of the
Development Code.
(5) (iv) Prior to the Director rendering a decision to reject or
deny a Final Plat Application, the Director shall give the Applicant prior written
notice of the Director’s intent to reject or deny such Application, which notice shall
include a detailed accounting of the reasons for such intended rejection or denial
and proposed recommendation(s) for satisfactorily addressing such deficiencies,
and the Applicant shall have an opportunity to amend such Application prior to the
Director finally rejecting or denying the Final Plat.
(6) (v) The Director’s decision on the Final Plat Application
may be appealed to the Town Council pursuant to Section 7.16.160 of the
Development Code.
(7) (vi) The approved Final Plat shall be recorded within 90
days from the date of approval, unless a later time is set forth in the Director’s
approval. If the Final Plat is not recorded in such timeframe, the approval shall be
deemed voidable in the discretion of the Director. If the Director gives written
notice that the Final Plat is void pursuant to this section, such Final Plat shall not
thereafter be recorded; provided that if a fully executed and, as applicable,
notarized, Final Plat is recorded after 90 days from the date of approval (after any
such later deadline for recordation as may be set forth in the Director’s approval),
such recordation shall be conclusive evidence that the Final Plat is not void and is
in full force and effect.
(ii) (c) Submittal Requirements for Final Plat Application Submittal
Items. Only complete submittals shall be accepted. No applicationApplication shall be
deemed complete unless the applicantApplicant has submitted to Community
Development any or all of the following materials which are, in the opinion of the
Director, relevant to the particular Final Plat being requestedApplication:
(1) (i) A complete Final Plat application and required fee;
(2) (ii) A legal description of the parcel;
(3) (iii) Title commitment;
(4) (iv) Survey plat;
(5) (v) SFE water allocation assigned to the property, as
applicable;
(6) (vi) Utility approval and verification form;
(7) (vii) Final plat;
999369.9999369.10 46
(8) (viii) Public improvements agreementImprovements
Agreement, as applicable;
(9) (ix) Transportation impact study;
(10) (x) Drainage study; and
(11) (xi) Street plan and profiles.
With respect to any submittal item, if the Applicant disagrees with the determination of
the Director with respect to the required substance or quality of such submittal item, the
Town and the Applicant shall jointly appoint a third party having experience in
engineering and subdivision matters to review the Application and decide upon the
appropriateness of the required substance and quality of such submittal item. Such third
party’s determination as to the required substance or quality of such submittal item shall
be binding upon the Town and the Applicant.
(iii) (d) Criteria for Review and Approval of Final Plat. The Director.
Town Council shall consider the following criteria when evaluating an
applicationApplication for Final Plat approval:
(i) The proposed subdivision shall comply with all applicable Use,
density and dimensional standards set forth in the Development Plan that would affect the
layout of Lots, blocks and streets;
(ii) There are adequate public facilities for potable water supply,
sewage disposal (or if other methods of sewage disposal are proposed, adequate evidence
that such system shall comply with state and local laws and regulations), solid waste
removal, electrical supply, fire protection and streets;
(iii) The proposed road extensions are consistent with the Development
Plan;
(iv) Appropriate utilities, including water, sewer, electric, gas and
telephone utilities, have provided “capacity to serve” letters for the proposed subdivision;
(v) Evidence that all areas of the proposed subdivision that may
involve soil or topographical conditions presenting hazards or requiring special
precautions have been identified by the applicant and that the proposed use of such areas
is compatible with such conditions or adequate mitigation is proposed;
(vi) The subdivision application addresses the responsibility for
maintaining all streets, open spaces, and other public and common facilities in the
proposed subdivision;
(1) (vii) The legal descriptions of all Lots and other parcels
within the proposed subdivision close and contain the entirety of the area indicated;
999369.9999369.10 47
(2) (viii) The Final Plat is correct in accordance with surveying
and platting standards of the State of Colorado;
(3) (ix) The Final Plat substantially complies with all generally
applicable technical standards adopted by the Town, except where (a) modified or
superseded by this PUD Guide; (b) alternative equivalent compliance has been
granted as contemplated in Section J.87; (c) a variance has been granted in
accordance with the provisions of the Development Code; or (d) otherwise waived
by the Director;
(4) The Final Plat does not result in any contiguous land in
common ownership (with the ownership of the land subject to the applicable Final
Plat) of less than 35 acres;
(5) The Final Plat substantially conforms to the approved
Preliminary Plan, if any; and
(6) For any subdivision, subdivision amendment or re-
subdivision within The Village (at Avon) for which there was not a requirement for
review and approval of a Preliminary Plan, the review criteria for a Preliminary
Plan shall also apply to the Final Plat Application.
(d) (e) Material Modification to Certain Street Extensions or Alignments.
(i) If there is any express or implied conflict between the terms and
conditions of the Development Plan and the terms and conditions of the Transportation
Master Plan, the Development Plan shall control.
(ii) If the street extension(s) and/or street alignment(s) proposed by the
Final Plat Application (or re-subdivisions of or amendments thereto) are materially
inconsistent with the following requirements, the Director may, in the Director’s sole
discretion, determine that such Application shall not be subject to administrative
processing and approval and may direct that the Final Plat Application be submitted to
Town Council for a decision:
(1) [Town to propose material street extension and
alignment requirements for applicant’s review.]
(iii) Notice of the Town Council meeting on the Final Plat Application
shall be given in accordance with Section 7.16.020(d) of the Development Code.
(iii) (iv) Town Council shall consider the criteria set forth in Subsection
H.2(dc)(iii) when evaluating an application for Final Plat approval, and shall render a
decision on the Final Plat Application after conducting a public hearing.
(iv) Public notice of the Town Council hearing on the Final Plat
Application shall be given in accordance with Section 7.16.020(d) of the Development
Code.
999369.9999369.10 48
(e) (f) Re-subdivisions of and Amendments to Final Plats. Subject to
Subsection H.2(ed), any re-subdivisions of or amendments to approved Final Plats within The
Village (at Avon), including without limitation, approved Final Plats within Planning Areas K
and RMF-1, shall be processed and a decision rendered administratively in accordance with the
procedures provided in this Subsection H.2.
I. DEVELOPMENT PLAN AMENDMENT PROCEDURES.
1. General.
(a) Amendments to this PUD Guide and the PUD Master Plan may be
processed by the Town either formally or administratively, with the determination of the
applicable procedure to be made in strict compliance with the terms and conditions of this
Section I and based on the intent of the Town and Master Developer that preference be given for
application of the administrative amendment provisions.
(b) During the term of the Vested Property Rights, no amendment to or
variance from the terms of the Development Plan, and no application for rezoning of all or any
part of the property included within The Village (at Avon) PUD, shall be accepted for
processing, or approved or undertaken by the Town without the prior written consent of the
Master Developer.
(c) Any such amendment shall contain the statement required pursuant to
Section 7.16.140(d) of the Development Code, shall be processed and otherwise implemented in
compliance with the terms and conditions set forth in Section A.3 above, and shall create Vested
Property Rights for the duration of the term set forth in Section A.3 above. No such amendment
shall divest, limit or otherwise impair any Vested Property Right set forth in Section A.3 above.
(d) Prior to the Director or Council, as applicable, rendering a decision to
reject or deny an Application for an amendment to the Development Plan, the Director or
Council, as applicable, shall give the Applicant prior written notice of the Director’s, or
Council’s, as applicable, intent to reject or deny such Application, which notice shall include a
detailed accounting of the reasons for such intended rejection or denial and proposed
recommendation(s) for satisfactorily addressing such deficiencies, and the Applicant shall have
an opportunity to amend such Application prior to the Director or Council, as applicable, finally
rejecting or denying the Application.
2. Formal Amendments. Amendments to this PUD Guide or the PUD Master Plan
which do not qualify for the administrative amendment process described in Section I.3 below
shall follow the formal amendment process set forth in Section 7.16.060 of the Development
Code, as amended, except that the provisions of Section I.1 above shall apply to all formal
amendments of this PUD Guide and the PUD Master Plan. Nothing herein shall be deemed to
prevent an Applicant from voluntarily choosing to apply for a formal amendment, or from
appealing to Council or the courts the Director’s determination of eligibility for administrative
amendment and/or denial of a request for an administrative amendment.
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3. Administrative Amendments.
(a) Intent; Determination of Applicable Amendment Procedure. The intent of
this Section I.3 is to provide a simplified amendment procedure for minor modifications to this
PUD Guide and the PUD Master Plan. As used herein, the term “minor modifications” means an
Application meeting the criteria stated subsection (b) below, which shall be processed and
approved administratively.
(b) Qualifying Administrative Amendments. An Application for
administrative amendment that complies with (I) the specific criteria for approval set forth in
subsections (i) through (iv) below, as applicable, shall be processed and approved
administratively, and shall be entitled to a presumption of compliance with the general criteria
for approval set forth in subsection (v) below; or (II) the general criteria for approval set forth in
subsection (v) below shall be processed and approved administratively:
(i) Road Alignments. Changes to public or private street locations,
internal circulation design/pattern and/or traffic capacity of the overall road network
within the Property that may require a confirming amendment to this PUD Guide and/or
the PUD Master Plan shall be processed and approved administratively.
(ii) Public Improvements. Amendments to the Development
Agreement, if any, that affect the scope of public improvements may require a
conforming administrative amendment to this PUD Guide and/or PUD Master Plan, if the
revision affects Development Standards for a particular Site or Planning Area.
(iii) Subdivision Related Changes Affecting Development Plans. If the
Town approves any Preliminary Plan or Final Plat that incorporates any subdivision
related element that is inconsistent or conflicts with any Development Standard or other
element of this PUD Guide or the PUD Master Plan, including without limitation, any
modifications to street extension(s) and/or street alignment(s) as described in Section
H.2(ed) of this PUD Guide, any conforming amendment to this PUD Guide or PUD
Master Plan, as applicable, that may be required shall be processed and approved
administratively. Examples of subdivision related elements that may require a
conforming amendment to this PUD Guide or PUD Master Plan include, without
limitation, lot line locations, right-of-way locations, internal public or private roadway
locations, emergency access locations, utility locations, vacations, Planning Area
boundaries, Building Envelope locations and/or areas, and other similar elements. Such
conforming amendments shall apply only to the specific Lot(s) or Planning Area(s)
affected by the Preliminary Plan or Final Plat the approval of which necessitated the
conforming amendment.
(iv) Planning Area Boundaries and Lot Lines. With the written
consent of the Master Developer and written approval of the Design Review Board, an
Applicant may amend the PUD Master Plan to increase or decrease the size of any
Planning Area to conform the PUD Master Plan to an approved Final Plat or Application
therefor that is being processed concurrently with such PUD Master Plan amendment. In
addition, with the consent of the Master Developer and written approval of the Design
999369.9999369.10 50
Review Board, an Applicant may amend the PUD Master Plan to relocate or otherwise
modify road alignments, Lot lines and Planning Area boundaries and locations due to site
planning or engineering considerations that are not directly associated with an approved
or in-process Final Plat or other Application. The foregoing PUD Master Plan
amendments and any conforming amendments to this PUD Guide (to the extent that such
modifications are necessary or desirable in connection with such PUD Master Plan
amendments) shall be processed and approved administratively so long as the size of
largest affected Planning Area is not increased or decreased by more than 10 percent. [In
example, if Planning Area X is 30 acres and Planning Area Y is 10 acres and abuts
Planning Area X, Planning Area X (being the larger of the two planning areas) may be
increased by three acres (30 acres X 10% = 3 acres) and Planning Area Y may be
decreased by the corresponding three acres, and such amendment to the PUD Master Plan
shall be administratively approved.] For the avoidance of doubt, relocation or other
modification of Planning Area locations as used in this subsection shall not be deemed to
include, and shall not include, relocation or moving of an entire Planning Area to another
location within The Village (at Avon) PUD, which relocation shall follow the formal
amendment process.
(v) Compatible and Adequately Mitigated Modifications. In addition
to the specific criteria for approval set forth in subsections (i) through (iv) above, the
Director shall approve Applications that request modifications to Development Standards
which comply with the following general criteria for approval:
(1) are not materially incompatible with immediately adjacent
Uses; and
(2) are not fundamentally inconsistent with the Development
Standards set forth in this PUD Guide other than the specific Development
Standard addressed by the requested amendment; and
(3) incorporate measures which adequately address significant
impacts, if any, to immediately adjacent Uses.
(c) Procedure.
(i) Applicants must meet with the Director or his or her designated
representative prior to submittal of an administrative amendment request (unless waived
by the Director) in order to obtain input into the appropriateness of the request and the
materials required to be submitted with the request.
(ii) Upon a complete submittal of the required materials, the Director
shall determine, within fifteen (15) days after submittal of the request, the completeness
of the request and whether it qualifies to be processed administratively.
(iii) If the administrative amendment request complies with subsections
(b)(i) through (b)(v) above, as applicable, it shall be processed and approved
administratively and the Director is authorized to approve the request. If the request does
999369.9999369.10 51
not comply with subsections (b)(i) through (b)(v), as applicable, Section I.2 above shall
apply to the request.
(iv) The Applicant may appeal any action or decision of the Director
with respect to an administrative amendment request to Council by filing a written
request for such appeal with the Town Clerk by not later than 5:00 p.m. on the 30th day
following the action or decision being appealed. Such appeal may request a review of the
Director’s determination of an Application’s eligibility for administrative processing
and/or the Director’s decision to deny approval of an administrative amendment request.
(v) Upon approval of an administrative amendment, the Applicant
shall submit to Community Development a revised PUD Guide and/or a revised PUD
Master Plan, as appropriate. Such revised documentation shall be signed by the Master
Developer and the owner(s) of record, will be kept on file at Community Development,
and shall be recorded in the real property records for the County of Eagle, State of
Colorado.
4. Modifications Not Requiring Amendment.
(a) No amendment (formal or administrative) to the Development Plan, or
applicable component thereof, shall be required to modify the following Development Standards:
(i) Maximum and Minimum Development Standards.
Building Height and Site Coverage
Development Standards Building Setback, Lot Area and
parking requirement Development Standards
(ii) Planning Area K Building Envelopes. No PUD Master Plan
amendment or PUD Guide amendment shall be required with respect to the establishment
of the final Building Envelope of a Lot or Site within Planning Area K, it being the intent
of this PUD Guide that Building Envelopes within Planning Area K shall be established
only pursuant to a Final Plat as otherwise set forth in this PUD Guide.
(b) If a modification to this PUD Guide or the PUD Master Plan does not
require an amendment pursuant to this Section I.4, the Applicant shall submit to Community
Development a revised PUD Guide and/or a revised PUD Master Plan, as applicable, setting
forth such modification. Such revised documentation shall be signed by the Master Developer
and the owner(s) of record, will be kept on file at Community Development, and shall be
recorded in the real property records for the County of Eagle, State of Colorado.
J. SUPPLEMENTAL REGULATIONS.
1. Interim Uses. Interim Uses shall be permitted within The Village (at Avon) PUD
as follows:
(a) The following Uses or structures, in existence from time to time prior to
development of the applicable portion of The Village (at Avon) PUD, shall be considered
approved Interim Uses without the requirement of further action, but subject to approval,
999369.9999369.10 52
modification and/or termination as provided above in connection with Design Review Board
processing of applications therefor in accordance with the Design Review Guidelines and Design
Covenant:
(i) Agricultural Uses within undeveloped portions of The Village (at
Avon) PUD generally;
(ii) Rodeo and ancillary carnival within Planning Area A;
(iii) Driving course and accessory hospitality services related to
automobile demonstrations, promotions and sales within Planning Area Ain Planning
Area A, not to exceed 60 days in the aggregate in a calendar year, provided that such Use
exceeding 60 days in the aggregate in a calendar year shall be a Temporary Use..
(iv) Temporary real estate sales offices in Planning Areas A, C, D, E,
F, G, H, I, J, RMF-1, RMF-2, P1 – P3, inclusive, OS1 – OS4, inclusive, and OS7.
(v) Recycling Facility and trash drop-off within Planning Areas A and
D;
(vi) Snow storage within undeveloped portions of The Village (at
Avon) PUD generally;
(vii) Mobile Home office/storage Use and community garden within
Planning Area A;
(viii) Construction staging within Planning Areas A, C, D, E, F, G, H, I,
J, RMF-1, RMF-2, P1 – P3, inclusive, and OS1 – OS4, inclusive, and OS7.
(ix) Rock and gravel crushing operations related to rock and gravel
materials excavated within the Village (at Avon) PUD in connection with on-site
development and construction of the applicable portion of the Project (as an Interim Use
only) within Planning Areas A, C, D, E, F, G, H, I, J, RMF-1, P1 – P3, inclusive, OS1 –
OS4, inclusive, and OS7.
(b) Agricultural and snow storage Uses (unless specifically designated as an
Excluded Use within the applicable Planning Area) shall be permitted on undeveloped land
within all Planning Areas until such time as an Applicant submits an application to the Design
Review Board in connection with the initial building permit Application to the Town for
construction of a Building. Upon the Town approving any application for construction of a
Building within the applicable Planning Area, the Design Review Board may terminate, modify
or attach conditions to the continued Interim Use of all or any portion of the pertinent Planning
Area for agricultural or snow storage purposes, as applicable, in accordance with the Design
Review Guidelines. No Town review of Interim Uses shall be required.
(c) 2. Fireplace Regulations. All Dwelling UnitsSolid Fuel Burning Devices.
Development within The Village (at Avon) PUD shall comply with the following Town of Avon
fireplace regulations, which comprise the sole and exclusive fireplace regulations within the
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Village (at Avon) PUD and expressly supersede any fireplace regulations set forth in Chapter
15.24, Solid Fuel Burning Devices, of the Municipal Code:.
(a) Definitions.
(i) “Solid-fuel-burning device” means any fireplace, stove, firebox or
device intended and/or used for the purpose of burning wood, pulp, paper or other non-
liquid or non-gaseous fuel. This definition specifically excludes non-
(ii) “Certified-solid-burning device which is certified by the Air
Pollution Control Division of the Colorado Department of Health to meet the emissions
standards set forth in Section IV of Regulation No. 4 of Volume I of Colorado Air
Quality
(iii) “Wood-burning fireplace” means an open hearth or fire chamber or
similar prepared place in which a fire may be made and which is built in conjunction with
a chimney.
(iv) “Gas appliance” means a fully self-contained, U.L. listed and
A.G.A. “fireplace” unit which not require venting through a chimney and which
does not permit the use of
(v) “Gas-log fireplace” means a gas appliance equipped with an
A.G.A and U.L. listed artificial-log unit is approved for the burning of natural gas.
(b) Regulations Below Elevation of 7,280 Feet. Below the elevation of 7,280
feet no new wood-burning or other solid-fuel-burning fireplaces or other devices shall be
permitted to be constructed or installed. Below such elevation certified-solid-fuel-burning
devices, gas appliances and gas-log fireplaces shall be permitted. Below such elevation there
shall also be permitted one wood-burning fireplace in the lobby of any Hotel or Lodge; provided,
a fee in the amount of $3,000 is paid at the time of application for building permit.
(c) Regulations Above Elevation of 7,280 Feet. Above the elevation of 7,280
feet one wood-burning fireplace shall be permitted in each new Dwelling Unit constructed;
provided a fee in the amount of $1,500 is paid at the time of application for building permit;
provided, no new wood-burning or other solid-fuel-burning fireplaces or other devices shall be
permitted in Dwelling Units triplex and greater in size. Above such elevation certified-solid-fuel
burning devices, gas appliances and gas-log fireplaces shall be permitted.
(d) Gas Appliances. All gas-log fireplaces shall be constructed in such a
manner that access to the firebox is prohibited except for the purpose of repair and maintenance.
2. 3. Signs. Signs shall be permitted in all Planning Areas within The Village (at
Avon) PUD provided they are in conformance with Design Review Guidelines, the terms and
requirements of which comprise the sole and exclusive sign regulations within the Village (at
Avon) PUD and expressly supersede any sign regulations set forth in the Municipal Code. All
signage and streetscape improvements, including any future modifications to built signage and
999369.9999369.10 54
streetscape improvements, located within public rights-of-way within The Village (at Avon) shall
be in conformance with the Manual of Uniform Traffic Control Devices for Streets and
Highways. Except as otherwise provided in this Section J.3,2, the Design Review Board is the
sole and exclusive authority for approval of signs within The Village (at Avon) PUD. The Town
has approval authority with respect to confirming that signs and landscaping approved by the
Design Review Board in the public rights-of-way within The Village (at Avon) PUD relating to
safety and traffic control comply with the Manual of Uniform Traffic Control Devices for Streets
and Highways. Off-site monumentation for The Village (at Avon) developed within Planning
Areas A, C, J, OS3 and Tract B, Final Plat Village (at Avon) Filing 2 (a portion of Planning Area
RMF-2), shall comply with the Design Review Guidelines, and conformance with such
compliance shall be confirmed by the Design Review Board and the Director prior to issuance of
any building permit for such monumentation.
3. 4. Parking Requirements. Parking, loading, access drive, mobility and
connectivity within The Village (at Avon) shall be in conformance with Parking Regulations set
forth in Exhibit C to this PUD Guide, which shall be the sole and exclusive parking regulations
applicable within The Village (at Avon) PUD and which expressly supersede any parking,
loading, access drive, mobility and connectivity regulations set forth in the Municipal Code,
including without limitation, any additional or conflicting such provisions.
4. 5. Surface Parking Landscaping Requirements. A 10’ wide perimeter landscape
buffer shall be installed and maintained for all outdoor surface parking lots within The Village
(at Avon) PUD, except for points of ingress and egress to the parking lot, and except for those
portions of the perimeter that abut existing or planned outdoor surface parking areas. The
landscaping plan for such landscape buffers shall comply with applicable provisions of the
Design Review Guidelines, and shall be subject to prior approval of the Design Review Board.
5. 6. Drainage Requirements.
(a) In addition to the Town’s drainage provisions, the following provisions
shall also apply to drainage:
(i) Floodplains that are a result of manmade structures can be
eliminated by enlarging the existing drainage conveyance facilities such that excessive
backwater/floodplains would be diminished, but in no event shall such enlargement of
existing facilities cause an increase in the 100-year flood level elevation on adjacent or
downstream properties.
(ii) If demonstrated that the release of flows directly into the Eagle
River does not result in an increase of the 100-year flood level elevation of the Eagle
River, such developed releases shall be allowed. This determination shall be based upon
analysis of the Eagle River basin hydrograph and the site-developed hydrograph being
combined.
(b) In processing any Application for development within the Property, the
Town shall incorporate the assumptions of the drainage study prepared by David Johnson for the
Property (the “Johnson Study”) with respect to reducing the calculated stormwater flows,
999369.9999369.10 55
management and detention requirements based on the mitigating effect of vegetation within the
Property. The assumptions set forth in the Johnson Study shall govern and control over an y
conflicting provisions or assumptions in the Town’s drainage master plan; provided, however, if
the Town amends its drainage master plan, which amendment results in less restrictive or less
burdensome provisions than set forth in the Johnson Study, such less restrictive or less
burdensome provisions in the Town’s drainage master plan shall apply to the Property.
6. 7. Sidewalk and Trail Standards. The minimum sidewalk and trail width
standards shall be as follows:
(a) Sidewalk: Except as set forth in Exhibit F, 4’ minimum width for local
streets and 6’ minimum width for collector and arterial streets.
(b) Multi-use trails: 8’ minimum width.
7. 8. Other Waivers. Other waiversAlternative Equivalent Compliance and
Variances. Deviations from strict application of any applicable provision of Sections 7.28
(development standards) and 7.32 (engineering improvement standards) of the Development
Code shall be considered by the Town on a case by case basis in accordance with (a) Section
7.16.120 (alternative equivalent compliance) of the Development Code, which waivers shall not
be unreasonably withheld; or (b) Section 7.16.110 (variances) of the Development Code.
Notwithstanding any provision of Section 7.16.120 of the Development Code to the contrary, the
alternative equivalent compliance procedure shall be available for any provision of Section 7.28
and 7.32 of the Development Code.
9. Supplemental Design Standards.
8. (a) Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge
Requirements. The following supplemental design and improvement standards shall apply to
any Hotel, Motel and Lodge Uses developed within Planning Area J, and conformance with such
supplemental design and improvement standards shall be confirmed by the Design Review Board
and the Director prior to issuance of any building permit for a Building designated for Hotel,
Motel and Lodging Uses:
(a) (i) Excepting the rear building elevation, building elevations not readily
visible from a public right-of-way and building elevations predominantly comprised of glass, a
minimum of 20% of the vertical surfaces of the exterior building elevation shall be comprised of
stone, concrete or masonry units (brick or split face block);
(b) (ii) Asphalt siding, imitation brick, asbestos cement shingles or siding,
imitation log siding and plastic or vinyl siding is not permitted;
(c) (iii) Pitch roofs are to be of unglazed concrete tiles, slate, copper, zinc or
standing seem rusty metal (CorTen or equivalent);
(d) (iv) Flat roofs shall have concrete pavers or natural colored stone as
ballast, provided that grass roofs and solar and thermal collectors are permitted;
999369.9999369.10 56
(e) (v) All mechanical equipment (wall and roof mounted) shall be screened
from view of the adjacent street level, and all vent terminations shall be consistent with adjacent
materials;
(f) (vi) All window frames shall be metal clad or alloy extrusions;
(g) (vii) All window glazing shall be clear or tinted to blend with the
environment.
(b) Planning Area RMF-1 Monumentation Requirements. The following
supplemental design standards shall apply to any off-site monumentation for The Village (at
Avon) developed within Planning Areas A, C, J, OS3 and Tract B, Final Plat Village (at Avon)
Filing 2 (a portion of Planning Area RMF-2), and conformance with such supplemental design
standards shall be confirmed by the Design Review Board and the Director prior to issuance of
any building permit for such monumentation:
(i) [Applicant to provide supplemental design standards for Town
review.]
10. Modifications to Building Envelopes.
(a) Within all Planning Areas, on a Lot by Lot basis upon receipt of a proper
application by the developer/owner of such Lot, the Design Review Board shall have the
unilateral authority, without the requirement of any amendment to the applicable Final Plat or to
this PUD Guide and/or the PUD Master Plan, to grant exceptions to:
(i) The applicable Building Setback requirements by 20%.
(ii) The applicable Building Height requirements by 20%.
(iii) The applicable Site Coverage requirements by 20%.
(iv) The applicable Lot Area requirements by 20%.
(b) Notwithstanding the foregoing, the Design Review Board shall not have
authority to expand the area of or relocate any Building Envelope within Planning Area K unless
such change does not reduce any required setback specified within the Wildlife Mitigation Plan,
the Stream Setback Provisions, or any other applicable physical constraint established by this
PUD Guide.
9. 11. Wildlife Mitigation Plan. TheDevelopment within The Village (at Avon)
PUD shall comply with the Wildlife Mitigation Plan attached as Exhibit D to this PUD Guide,
which is and shall constitute the sole and exclusive wildlife mitigation measures required for The
Village (at Avon) PUD and expressly supersedes any wildlife mitigation regulations set forth in
the Municipal Code.
10. 12. Design Review Guidelines.
999369.9999369.10 57
(a) The Master Developer previously has prepared, and the Design Review
Board previously has adopted, a Design Review Guidelines which the Design Review Board
utilities and shall utilize for review of all development proposals within The Village (at Avon).
For portions of the Property south of Interstate 70 and all portions of the Property north of
Interstate 70 other than Planning Area RMF-1 and Planning Area K, the Design Guidelines shall
contain, at a minimum, the provisions set forth in Exhibit E to this PUD Guide.
(b) The Master Developer or the Design Review Board may, in accordance
with the terms and conditions of the Design Covenant and the Design Review Guidelines, as
applicable, amend the approved and adopted Design Review Guidelines. Amendments to the
Design Review Guidelines that do not conflict with any term of or are more stringent than any
Development Standard established by this PUD Guide shall not require an amendment to this
PUD Guide, and shall not require review by the Town. Amendments to the Design Review
Guidelines which are less stringent than any Development Standard established by this PUD
Guide may require an amendment to this PUD Guide which shall be administratively processed
and decided upon by the Director pursuant to Section I of this PUD Guide.
(c) The Design Review Board shall have primary responsibility for enforcing
the Design Review Guidelines. If Council determines in good faith at a public hearing after
notice to the Design Review Board (which notice shall be in writing and given no later than 20
days prior to the date of such hearing by certified mail addressed to the President of the Design
Review Board) that the Design Review Board is not properly enforcing the Design Review
Guidelines, Council shall provide written notice to the Design Review Board of such
determination. Such notice shall state with particularity the alleged failure and Council’s factual
findings supporting such determination. If the Design Review Board fails to correct the stated
deficiency within thirty (30) days after receipt of such notice, Council may, but shall not be
obligated to, enforce the Design Review Guidelines with respect to the matters addressed in the
notice.
(d) Nothing in this Section 1210 shall be deemed to prevent Master Developer
and/or the Design Review Board from appealing to the courts the disapproval of the Design
Review Guidelines by the Town or enforcement of the Design Review Guidelines, or from
pursuing in the courts any remedy otherwise available at law or in equity.
13. Stream Setback Provisions. A thirty foot strip of land measured horizontally from
the mean annual flood high water mark on each side of any live stream located within the
boundaries of a proposed subdivision shall be protected in its natural state with the exception that
footpaths, bridges, irrigation structures, flood control and erosion protection devices may be
constructed thereon. If such stream is along the outer boundaries of the subdivision, this
requirement shall apply to that part of such stream and strip which is within the subdivision.
Underground utilities and roadway crossings may be located in such protected area provided,
that there is no practical alternative location for such utilities or roadways, that the plans are
approved by the town council through its designated representative and that all construction scars
are revegetated. The foregoing constitute the sole and exclusive stream setback requirements for
The Village (at Avon) PUD and expressly supersedes any stream setback regulations set forth in
the Municipal Code.
999369.9999369.10 58
11. Natural Resource Protection. Development within The Village (at Avon) PUD
shall comply with Section 7.28.100 of the Development Code, except as set forth in this section
or expressly exempted in Exhibit G to this PUD Guide. Notwithstanding any contrary provision
of the Municipal Code, as in effect from time to time, development within The Village (at Avon)
PUD may occur on slopes of 30 percent or greater for public improvements, other infrastructure
improvements, streets, drive lanes, driveways, utilities and similar improvements.
12. 14. Residential Fire Suppression Systems. All single-family and multi-family
residential structures constructed in Planning Area RMF-1 and in Planning Area K shall include
appropriate fire suppression systems pursuant to applicable Eagle River Fire Protection District
regulations in effect from time to time and applied on a uniform and nondiscriminatory basis
within the Town, and as approved by the Design Review Board.
13. 15. Park, Recreation and Trail Access. All parks, recreation and trails facilities
the construction, maintenance and operation of which the “Districts” (as described in Section
____ of the Development Agreement) finance shall be open, on a uniform and nondiscriminatory
basis, to all residents of the Town at such times and subject to such rules and regulations as the
Districts shall prescribe. Additionally, the Master Developer shall facilitate, but shall have no
obligation to construct or install, non-motorized access through the Property to off-site trail
systems as follows, which obligations shall constitute the sole and exclusive
:
(a) Master Developer previously has provided a public trail head location in
Planning Area RMF-2, connected by a trail to United States Forest Service property located
north of Planning Area OS1, and Master Developer’s obligations with respect to public trail
connectivity between Planning Area RMF-2 and Planning Area OS1 have thereby been fully
satisfied as of the Effective Date; and
(b) Master Developer shall facilitate, but shall not have the obligation to
construct, a trail, sidewalk and/or road to be oriented on a generally east-west axis, and which
shall cross the Property solely through Planning Areas I, J, P4, RMF-2 and the most southerly
quarter section of Planning Area K. Master Developer shall determine in its sole discretion the
location within the Property of such trail, sidewalk and/or road.
14. 16. Affordable Housing Plan. Master Developer will provide for affordable
housing within the Property at locations determined by Master Developer in its sole discretion
and in accordance with the following terms, conditions and requirements, which obligations shall
constitute the sole and exclusive
:
(a) Master Developer will provide a total of 500 affordable housing units, or
assure that the same are supplied by others, as set forth below. As of the Effective Date, Master
Developer has provided 244 affordable housing units, and, therefore, Master Developer’s
999369.9999369.10 59
obligation after the Effective Date is to provide the remaining 256 affordable housing units [500
– 244 = 256].
(b) Priority in the sale and rental of the units will first go to people employed
in the Property, second to people employed in the Town outside of the Property, and third to
people employed in Eagle County outside of the Town; provided, however, that within Planning
Area RMF-2 the priority in the rental of units qualified as required affordable housing units will
first go to people employed in the Town and second to people employed in Eagle County outside
of the Town.
(c) For-sale units will be targeted to households earning 80% - 120% of the
Eagle County Median Family Income (the “ECMFI”) as determined by the Department of
Housing and Urban Development guidelines or by the Town in the event such guidelines cease
to be maintained by the Department of Housing and Urban Development. Not more than fifty
percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI.
(d) For-sale units shall be deed restricted to require the following:
(i) The sale of units shall be restricted to “Qualified Buyers,” defined
as follows:
(1) An owner who occupies the unit as his or her primary place
of residence;
(2) An owner who is a full time employee working at least thirty
hours per week in the Town or Eagle County, or a retired person who has been a
full time employee in the Town or Eagle County a minimum of four years
immediately prior to his or her retirement, or a person having a medical disability
who has been a full time employee in the Town or Eagle County a minimum of two
years immediately prior to his or her determination of disability, or the spouse or
dependent of any such persons who resides with them;
(3) An owner whose household income does not exceed 120
percent of the ECMFI; and
(4) An owner whose total current family net assets are not in
excess of $225,000.00 ($337,500.00 for a retired person) or whose total current
family net assets have not been in excess of $225,000 ($337,500 for a retired
person) during the two years preceding if the same were transferred or disposed of
to confer eligibility hereunder. The foregoing limitations shall annually be
adjusted for inflation on the basis of the applicable Consumer Price Index (the
“CPI”). For purposes of this subparagraph (4), the CPI shall mean Series ID:
CUUSA433SA0 (All Urban Consumers; Not Seasonally Adjusted; Denver-
Boulder-Greeley, CO; All items; Base Period 1982-84=100; 1st half of 1998 =
160.5).
(ii) An annual price appreciation cap of 3%, or such higher percentage
as the Town Council may approve from time to time, will be established.
999369.9999369.10 60
(iii) If and when an owner moves out of his or her unit, he or she will
be required to sell his or her unit to Master Developer or a Qualified Buyer.
(iv) The rental units will be targeted to households earning between
50% - 80% of the ECMFI. Rents shall not exceed 30% of the tenant’s monthly income,
adjusted for household size, including utilities, for which allowances are determined
annually by the Colorado Housing Finance Agency.
(v) Capital improvements to a for-sale unit may be made up to ten
percent of the original purchase price of the unit every ten years. No restrictions on
capital improvements shall be placed on rental units.
(vi) In addition to the annual price appreciation, real estate
commissions not to exceed three percent (3%) and closing costs shall be allowed for
re-sales of for-sale units after the initial sales of such for-sale units by the Master
Developer.
(vii) First time home buyers shall be exempt from Real Estate Transfer
Fees as set forth in the Development Agreement.
15. 17. Provision of Certain Amenities. Except as otherwise provided in the
Development Agreement, the requirements of this Section J.17 fully satisfy the Master
Developer’s and the Developer Affiliates’ obligations with respect to provision of parks and
public amenities within and in connection with The Village (at Avon) PUD:
(a) Community Park (Planning Area P3).
(i) Construction of the initial fifty percent (50%) of the community
park shall be commenced prior to the date that the Town’s obligation arises to issue a
certificate of occupancy for the Dwelling Unit constituting the 601st Dwelling Unit within
the Property that otherwise is eligible to receive a certificate of occupancy.
(ii) Construction of the second fifty percent (50%) of the community
park shall be commenced prior to the date that the Town’s obligation arises to issue a
certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit
within the Property that otherwise is eligible to receive a certificate of occupancy.
(iii) Once commenced, construction of the improvements contemplated
in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound
construction practices.
(b) Pocket Parks (Planning Areas P1 and P2) and Bike Trails:
(i) As of the Effective Date, the Master Developer and the Developer
Affiliates have fully satisfied all obligations with respect to provision of a pocket
parkspark within The Village (at Avon) PUD.Planning Area P2.
999369.9999369.10 61
(ii) The Master Developer and/or Developer Affiliates shall dedicate to
the Town a pocket park generally comprising Planning Area P1 contemporaneously with
the Town’s approval of the first Final Plat within Planning Area C, provided that any and
all improvements to and within Planning Area P1 shall be the sole responsibility of the
Town.
(c) Additional Parkland Dedication (Planning Areas K, J and I). The Master
Developer and/or Developer Affiliates shall dedicate certain additional parkland to the Town
within Planning Areas K, J and I as and when set forth in Section ___ of the Development
Agreement. Unless waived by the Director, such parkland shall comply with the following
minimum requirements:
(i) Minimum one quarter (1/4) acre in size;
(ii) Centrally located within, adjacent or to neighborhoods served;
(iii) Sited to provide for public surveillance from adjacent or nearby
streets;
(iv) Accessible from the surrounding neighborhoods by sidewalks
and/or trails; and
(v) Unless dedicated for linear park purposes (i.e., multi-use trails,
bikepaths, etc.), at least 50% of the dedicated parkland shall be well-drained, level and
suitable for playing fields and recreational facilities.
(d) (c) Planning Area B.
(i) Contemporaneously with the Effective Date and as contemplated
by the Settlement Term Sheet, the Town has approved a Final Plat for Planning Area B
and Traer Creek-RP has executed and delivered to the Town a special warranty deed for
the purpose of conveying to the Town fee simple ownership of Planning Area B, subject
to the terms and conditions set forth in the special warranty deed and further subject to
compliance with all applicable terms, conditions, regulations and requirements of this
PUD Guide and the Design Covenant.
(ii) At such time as the Town determines desirable, the Town shall be
responsible for the cost of all design, construction, operation and maintenance of
improvements within or upon Planning Area B. All such Uses and improvements within
or upon Planning Area B shall be subject to review and written approval of the Design
Review Board.
(iii) As and when Master Developer determines it to be necessary or
desirable in connection with development within Planning Areas that abut or are adjacent
to Planning Areas B and upon submittal of an Application for such purposes, the
boundaries of Planning Area B shall be modified pursuant to the administrative platting
procedures set forth in Section H of this PUD Guide, subject to the following
qualifications:
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(1) The Town has not previously constructed improvements
within or upon Planning Area B that make such modifications impossible or that
would cause such modifications to unreasonably interfere with the Town’s
operation and use of such previously constructed improvements.
(2) Such modifications shall not result in a reduction in the
aggregate acreage of Planning Area B without the Town’s written consent.
(3) Concurrently with recording such Final Plat, the Town and
the Applicant(s) shall exchange special warranty deeds conveying the applicable
modified areas to the appropriate grantee, subject to matters of record and deed
restrictions, if any, reasonably acceptable to the applicable grantee.
(4) Such modifications may be accomplished as part of an Final
Plat that establishes Lots, Block or Superblocks with respect to the adjacent or
abutting Planning Area(s), in the discretion of the Applicant.
999369.9999369.10 A-1
EXHIBIT A
Legal Description
Lots 2, 3 and 4, and Tracts B and E, Final Plat, The Village (at Avon) Filing 1, according to the
plat thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder under
Reception No. 795007;
Lots 1, 5 and 6, and Tracts A, C, D, F and G, Amended Final Plat, The Village (at Avon) Filing 1,
according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk and
Recorder under Reception No. 898173;
Lots 1 through 5, inclusive, and Tracts A through H, inclusive, Final Plat, The Village (at Avon)
Filing 2, according to the plat thereof recorded in the office of the Eagle County, Colorado, Clerk
and Recorder under Reception No. 796831;
Tracts A, D, E, G and H, Final Plat, The Village (at Avon) Filing 3, according to the plat thereof
recorded in the office of the Eagle County, Colorado, Clerk and Recorder under Reception No.
882776; and
Tracts B and F, Amended Final Plat, The Village (at Avon) Filing 3, A Reconfiguration of Tracts
B and F, according to the plat thereof recorded in the office of the Eagle County, Colorado,
Clerk and Recorder under Reception No. 200712166.
TOGETHER WITH THE FOLLOWING PARCEL (OS5):
That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal
Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and
Range, accepted November 1, 1943 by the Department of the Interior General Land Office in
Washington, D.C., lying north of the Denver & Rio Grande Western Railroad right-of-way line,
described as follows:
Beginning at the N 1/4 corner of said Section 17; thence S89 23'36"E 526.76 feet, along the
northerly line of said NE 1/4 of Section 17, to the northerly right-of-way line of the Denver & Rio
Grande Western Railroad; thence, departing said northerly line of Section 17, the following two
courses along the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said
northerly right-of-way line being parallel with and 50 feet northerly of the centerline of the
existing railroad tracks: (1) S80 36'27"W 267.66 feet; (2) 263.93 feet along the arc of a curve to
the right, having a radius of 2486.03 feet, a central angle of 06 04'58", and a chord which bears
S83 38'57"W 263.81 feet, to the westerly line of said NE 1/4 of Section 17; thence N00 20'55"W
78.44 feet, along said westerly line, to the point of beginning containing 0.53 acres, more or less.
TOGETHER WITH THE FOLLOWING PARCEL (OS6):
That part of the NE 1/4 of Section 17, Township 5 South, Range 81 West of the Sixth Principal
Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and
Range, accepted November 1, 1943 by the Department of the Interior General Land Office in
Washington, D.C., lying south of the Denver & Rio Grande Western Railroad right-of-way line
and north of the centerline of the Eagle River, described as follows:
999369.9999369.10 A-2
Beginning at the Northeast 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, S01 41'49"E 73.07 feet, to the centerline of said Eagle River; thence the following
four courses along said centerline (Filum aquce): (1) N89 24'49"W 1037.9 feet; (2)
N86 07'49"W 472.00 feet; (3) N89 29'49"W 538.00 feet; (4) S82 33'11"W 595.15 feet, to the
westerly line of said NE 1/4; thence N00 20'55"W 49.18 feet, along said westerly line to the
southerly right-of-way line of the Denver & Rio Grande Western Railroad; thence, departing said
westerly line of Section 17, the following five courses along the southerly right-of-way line of the
Denver & Rio Grande Western Railroad, said southerly right-of-way line being parallel with and 50
feet southerly of the centerline of the existing railroad tracks: (1) 279.72 feet along the arc of a
curve to the left, having a radius of 2586.03 feet, a central angle of 06 11'51", and a chord which
bears N83 42'23"E 279.58 feet; (2) N80 36'27"E 350.86 feet; (3) 686.44 feet along the arc of a
curve to the right, having a radius of 3171.27 feet, a central angle of 12 24'07", and a chord which
bears N86 48'31"E 685.10 feet; (4) S86 59'25"E 1216.38 feet; (5) 112.54 feet along the arc of a
curve to the right, having a radius of 2549.33 feet, a central angle of 02 31'46". and a chord which
bears S85 43'31"E 112.53 feet, to the True Point of Beginning, containing 5.28 acres, more or less.
TOGETHER WITH THE FOLLOWING PARCEL (EAST PARCEL):
Those parts of Sections 7, 8, 9 & 10, Township 5 South, Range 81 West of the Sixth Principal
Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and
Range, accepted November 1, 1943 by the Department of the Interior General Land Office in
Washington, D.C., described as a whole as follows:
Beginning at the Northwest corner of said Section 8; thence the following four courses along the
northerly line of said Section 8: (1) N88 40'41"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 42'58"E 1385.36 feet, to the corner of said Sections 5, 8 and 9 and
Section 4 of said Township and Range; thence the following four courses along the northerly
line of said Section 9: (1) N83 29'30"E 1386.63 feet, to the W 1/16 corner of said Sections 9 and
4; (2) N83 29'30"E 1386.64 feet, to the 1/4 corner of said Sections 9 and 4; (3) N83 24'12"E
1386.30 feet, to the E 1/16 corner of said Sections 9 and 4; (4) N83 24'12"E 1386.30 feet, to the
corner of said Sections 4, 9 and 10 and Section 3 of said Township and Range; thence the
following two courses along the northerly line of said Section 10: (1) N86 39'24"E 1381.29 feet,
to the W 1/16 corner of said Sections 10 and 3; (2) N86 39'24"E 1299.94 feet; thence, departing
said northerly line, S01 34'07"W 2699.66 feet, to the east-west centerline of said Section 10;
thence, along said east-west centerline, S86 32'23"W 1304.06 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 32'47"W 1384.91 feet,
along the southerly line of said NW 1/4 SW 1/4, to the S 1/16 corner of said Sections 10 and 9;
thence S77 10'15"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 33'02"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 34'18"E 1601.52
feet, to the CS 1/16 corner of said Section 9; thence S86 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
999369.9999369.10 A-3
9, to the W 1/16 corner of said Sections 9 and 16; thence N89°55’04”W 1371.96 feet, along the
southerly line of said SW 1/4 SW 1/4 to the section corner of said Sections 8, 9, 16, and 17 of
said Township and Range; thence N01°32’00”E 3.82 feet, along the westerly line of Section 9,
to the northerly right-of-way line of the Denver & Rio Grande Western Railroad, said northerly
right-of-way line being parallel with and 50 feet northerly of the centerline of the existing railroad
tracks; thence the following two courses along said northerly right-of-way line: (1) 104.48 feet
along the arc of a curve to the left, having a radius of 2649.33 feet, a central angle of 02°15’34”,
and a chord which bears N85°51’36”W 104.47 feet; (2) N86°59’25”W 1213.28 feet, to the
westerly line of the SE 1/4 SE 1/4 of said Section 8; thence N00°51’07”E 1337.77 feet, along
said westerly line, to the SE 1/16 corner of said Section 8; thence N89 54'54"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 01'37"E 919.47 feet, along
the easterly line of the SW 1/4 SW 1/4 of said Section 8, to the northerly right-of-way line of
Interstate Highway No. 70, as described in the deed recorded in Book 223 at Page 982 in the
office of the Eagle County, Colorado, Clerk and Recorder; thence the following ten courses
along said northerly right-of -way line: (1) N65 30'20"W 249.79 feet; (2) N78 47'50"W 317.2 feet;
(3) N83 08'20"W 506.7 feet; (4) 772.2 feet along the arc of a curve to the right, having a radius
of 1462.0 feet, a central angle of 30 15'52", and a chord which bears N54 57'56"W 763.3 feet;
(5) N34 37'50"W 331.1 feet; (6) N34 44'20"W 368.5 feet; (7) 804.9 feet along the arc of a curve
to the left, having a radius of 1812.0 feet, a central angle of 25 27'04", and a chord which bears
N51 29'50"W 798.3 feet; (8) N68 24'50"W 399.7 feet; (9) N49 47'20"W 213.6 feet; (10)
N70 20'50"W 765.1 feet, to the northerly line of the SE 1/4 of said Section 7; thence the
following two courses along said northerly line: (1) N89 50'40"E 1194.46 feet, to the CE 1/16
corner of said Section 7; (2) N89 50'40"E 1378.25 feet, to the 1/4 corner of said Sections 7 and
8; thence the following two courses along the westerly line of said Section 8: (1) N00 10'53"W
1369.09 feet, to the S 1/16 corner of said Sections 7 and 8; thence N00 10'53"W 1369.10 feet,
to the point of beginning.
EXCLUDING from above The Village (at Avon) Filing 3 according to the plat thereof recorded in
the office of the Eagle County, Colorado, Clerk and Recorder under Reception No. 882776.
Said East Parcel containing 1366.95 acres, more or less, with The Village (at Avon) Filing 3
area subtracted.
All of the above-described Property containing 1,780 acres, more or less.
999369.9999369.10 B-1
EXHIBIT B
PUD Master Plan
[to be inserted]
999369.9999369.10 C-1
EXHIBIT C
The Village (at Avon) Parking Regulations
999369.9999369.10 C-2
999369.9999369.10 C-3
999369.9999369.10 C-4
999369.9999369.10 C-5
999369.9999369.10 C-6
999369.9999369.10 C-7
999369.9999369.10 D-1
EXHIBIT D
Wildlife Mitigation Plan
1. Introduction. This Wildlife Mitigation Plan was developed to avoid, minimize,
and mitigate wildlife impacts resulting from The Village (at Avon) development proposal. The
specifics contained herein have evolved from existing wildlife information, results of field
surveys, discussions, meetings, and site visits with Colorado Division of Wildlife (“CDOW”)
representatives, and meetings and discussions with staff and professionals representing owners.
2. Wildlife Mitigation Plan. The Master Developer and Developer Affiliates, their
respective successors or assigns, including the possibility of one or more homeowners or
property owner association(s), and/or one or more public improvement companies (any of which
shall be referred to as an “Association”), which have been or may be formed and which may
undertake the Master Developer’s and Developer Affiliates’ responsibilities under this
Agreement, hereby agree to the following stipulations in conjunction with The Village (at Avon)
PUD.
3. Winter Range Compensation.
(a) To compensate for the Elk Winter Range habitat loss associated with the
development, a private The Village (at Avon) Wildlife Trust Fund (“Fund”) shall be established
at or before the issuance of the first building permit associated with residential development
north of I-70. Interest generated by this Fund shall be spent only in Game Management Unit 36
or 35 to benefit animals in the herd actually affected by winter range loss north of I-70.
Furthermore, interest generated by this Fund shall only be used to actually implement
enhancement efforts. The Fund shall not be used to pay for Fund administration, consultants,
and other incidental expenses. Disbursement and use of funds shall be overseen by an
Association. CDOW participation shall be requested at meetings where habitat enhancement is
being considered. Fund disbursement may include payments to the CDOW or a similar trust
fund (e.g., the Colorado Wildlife Heritage Foundation) to allow the CDOW to coordinate
enhancement efforts in the Eagle Valley. This approach should help maintain the functional
value of the affected winter range,
(b) Fund principal shall be based on winter range losses associated with the
development. At full build-out, The Village (at Avon) development would encroach upon 155
acres of native habitat on the property designated elk winter range. Compensation is based on
(a) the loss of 155 acres of winter range; (b) the need to treat (via aerial fertilization) 1.57 acres
of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected; (c)
current fertilization costs of $65.00/acre (in 1998 dollars); and (d) an interest rate of 5%, which
would require $5,275.98 to implement the enhancement in 1998. Fund principal required to
generate this amount of interest every three years would require a one-time payment of principal
totaling $105,519.70 (in 1998 dollars). This amount shall be deposited into the Fund upon the
Fund’s establishment.
4. Setbacks.
999369.9999369.10 D-2
(a) A 100-foot setback from the closest edge of Building Envelopes of
conceptual Lots 76, 78, 80, 81, 82, 86, 87, 96, 97, 109, 110, 119 and 120 adjacent to U.S. Forest
Service lands along the northern property boundary of Planning Area K to both buffer residential
activities from public lands and public activities (e.g., principally hunting and other recreational
uses) from the adjacent residences shall be provided.
(b) The stream setback provisions set forth in Section J.13 of The Village (at
Avon) PUD shall apply to The Village (at Avon). Impacts to jurisdictional wetlands shall be
protected by the Clean Water Act.
5. Building Envelopes.
(a) Building envelopes and rules governing the location and distribution of all
structures, surrounding yards, and all disturbance to native vegetation, with the exceptions of
utilities, driveways, etc., for single-family Residential Uses north of I-70 are set forth in Section
D (Development Standards) of The Village (at Avon) PUD and are governed by The Village (at
Avon) PUD. It is the intent that Building Envelopes in Planning Area K be clustered to
concentrate disturbance areas and leave large blocks of undeveloped habitat. This measure helps
insure that development follows a design minimizing habitat losses and facilitating continued
wildlife movements through, and use of, the Property. No vegetative manipulation shall be
permitted outside of designated Building Envelopes except as allowed by the PUD Guide and/or
where manipulation is required as part of any valid wildlife enhancement program, as authorized
to reduce wildfire potential, or for access roads, driveways, parking areas and utility installation.
The objective of this measure is to minimize the amount of natural habitat loss and maintain
existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats.
Homeowners shall be educated to appreciate and maintain the existing vegetative community,
particularly forests and shrubby areas which provide critical wildlife cover and forage values.
(b) Upon conceptual Lots 90-113 any required tree/shrub clearing for wildfire
mitigation shall be contained within the designated envelope.
(c) The area of fertilized, irrigated landscaping each Dwelling Unit is
permitted to have shall be restricted to ≤ 5,000 square feet. Residents shall also be educated to
recognize that they have moved into wildlife habitat, that some wildlife shall have strong
compulsions to eat what homeowners plant, and that the CDOW shall not be liable for wildlife
damage to landscaping.
6. Open Space.
(a) Approximately 483 acres (OS-1 and a portion of Planning Area K as set
forth on the PUD Master Plan) north of I-70 have been designated as open space. These areas
include some of the most valuable winter range, migration corridors, and other important wildlife
habitat on the Property. It is the intention that OS-1 and at least 384 acres of Planning Area K
function primarily as wildlife habitat. Other subdivision uses may occur in these areas, however,
these areas shall be preserved primarily in their undeveloped condition and managed to further
enhance wildlife values.
999369.9999369.10 D-3
(b) In addition, the portion of Planning Area K that shall be located within
future Lots for single family Residential Use but outside of the future designated Building
Envelopes of those Lots shall function as private open space. To facilitate habitat management
and enhancement on these Lots and as an additional measure precluding development outside of
envelopes, areas on all such Lots outside of designated Building Envelopes and easements north
of I-70 shall be protected as open space under provisions of The Village (at Avon) protective
covenants to be recorded in connection with future subdivision of Planning Area K.
7. Main Deer Movement Corridor. The Village (at Avon) agrees to maintain a deer
movement corridor of a minimum width of 800 feet between the western edge of the Building
Envelope for conceptual Lots 112 and 113 and the eastern edge of the Building Envelopes for
conceptual Lots 108, 110 and 111 as depicted on the PUD Master Plan. No amendment to the
location of these Building Envelopes shall be permitted that results in any encroachment into this
800’ wide designated movement corridor.
8. Roads North of Interstate Highway 70.
(a) Road design and use through portions of The Village (at Avon) has the
potential to disrupt migratory elk movements, local elk movements, and affect habitat use. The
posted speed limit (25 mph) is generally slow enough to avoid most wildlife mortality; however,
residents, guests, and contractors frequently exceed posted speed limits in similar, adjacent
residential developments. The Village (at Avon) roads shall be designed to incorporate features
requiring low vehicle speeds to reduce road-kill mortality and facilitate migratory movements
across roads.
(b) Road widths shall be as set forth in Exhibit E (Street Standards) to the
PUD Guide to force slower operating speeds and adjusted to the number of residences being
served by the road. There shall be no bike lanes or paved road shoulders beyond conceptual Lot
84. Cut and fill slopes in the vicinity of the main migration corridor and along gulches may
require additional grading or design to facilitate wildlife movements. Any necessary guard rails
installed along road sections within wildlife corridors shall be designed to allow wildlife
movements. Standard guard rails restrict wildlife movements and can increase wildlife-vehicle
collisions. Signage providing for restricted access to all single family Residential Uses within
Planning Area K shall be installed.
9. Trails.
(a) With the exception of public access through the Property along an existing
trail through OS-1, there shall be no public access through the Property to U.S. Forest Service
lands to the north. Public access and access for The Village (at Avon) along the trail through
OS-1 shall be limited to foot traffic only. Seasonal restrictions shall be associated with this trail
to ensure use is compatible with important wildlife use on and adjacent to the Property (see
below).
(b) No other trails shall be developed within the Protected Wildlife Habitat
(defined below in Section 10) on the Property without the agreement of the CDOW, except for
999369.9999369.10 D-4
an access trail/path/emergency vehicle access connecting Planning Area RMF-2 to OS-2 and P-
3.
10. Seasonal Use Restrictions. Seasonal use restrictions shall be imposed and
enforced on homeowners, guests, employees, and the public to optimize wildlife use on and
adjacent to the Property.
(a) General Protected Wildlife Habitat Restrictions. Recreational uses of OS-
1 and the open space areas of Planning Area K (hereinafter “Protected Wildlife Habitat” or
“PWH”) shall be restricted during the winter range occupancy period extending from December
15 to April 15. Recreational use, including nordic skiing, hiking, bicycling, equestrian use, etc.,
within these areas should be restricted from the above defined PWH from December 15 to April
15.
(b) Additional Restrictions Within the Main Deer Movement Corridor.
(i) In addition to the seasonal, winter range-related restrictions
presented above in Section 10(a), road and home construction activities east of Traer
Creek, within the designated 800’ wide main deer movement corridor, shall be restricted
to reduce conflicts with deer migration. Road construction within the designated 800’
wide corridor is prohibited during the spring (May 1 to June 15 [dates inclusive]) and fall
(October 1 to December 1 [dates inclusive]) migration periods. The purpose of this
measure is to eliminate disturbances (i.e., human activity) and barriers (e.g., incomplete
cut and fill slopes) within the migration corridor that could alter movements.
(ii) Home construction on conceptual Lots 105-112 could occur
throughout the year, however, daily outdoor construction periods on individual lots
(excluding construction worker travel (i.e., arrival and departure) shall be restricted to the
period between 6:30 a.m. and 5:30 p.m. hours during spring migration (defined above)
and 7:30 a.m. and 4:15 p.m. hours during fall migration (defined above). This shall
facilitate the largely nocturnal and crepuscular migration to occur through the existing
corridor with reduced human disturbance.
(c) Access Restrictions to U.S. Forest Service Lands. To protect spring deer
migration and elk winter range, migration, and calving values on U.S. Forest Service lands north
of The Village (at Avon), the public trail running through OS-1 shall be closed to all use from
December 15 to June 30, dates inclusive.
(d) Enforcement. These seasonal/areal restrictions shall be enforceable by the
Master Developer, the Developer Affiliates and/or Association(s), as applicable. Homeowners
shall also be educated about these closures on and adjacent to the Property via a “Living with
Wildlife” homeowners book. Furthermore, because these conditions are part of The Village (at
Avon) PUD, the Town, CDOW, and U.S. Forest Service may also enforce these restrictions,
within their respective jurisdictions.
11. Reclamation/Landscaping.
999369.9999369.10 D-5
(a) Native wildlife habitats disturbed by construction activity outside of
Building Envelopes in PWH should be reseeded or replanted with those native plant species
originally present. Where service access is required, the re-planting of trees could be excluded
from utility corridors. Re-planting along road shoulders can exclude trees and shrubs to
maximize vertical and horizontal sight-distances and reduce the probability of road-killed
wildlife. Vehicle speeds within the development on roads north of I-70 should be slow enough
that road shoulders could be reseeded with plants palatable to big game without increasing the
probability of road-kills.
(b) Homeowners are strongly encouraged to landscape with native plant
species to avoid wildlife damage. The CDOW shall not be liable for wildlife damage to
landscaping. The Design Review Board shall provide a list of suitable landscaping materials,
their maintenance and protection, to homeowners.
12. Dogs and Pet Control.
(a) Owners of each residential lot shall be permitted to harbor up to two dogs
and offspring up to three months old. Residents shall be prohibited from harboring dogs outside
on their property unless they have adequate facilities (i.e., a fenced yard, dog run, or kennel) to
contain the animals. Enclosed runs must be located immediately adjacent to the home, within
the applicable Building Envelope, and shall not exceed 1,000 square feet. Homeowners are
encouraged to completely cover runs (including tops) to protect dogs from possible mountain
lion predation. If facilities are inadequate to contain the resident’s dog(s), the animals shall be
immediately removed from the subdivision until adequate structures can be built.
(b) At no time are dogs to be allowed to run freely anywhere on the Property.
When dogs move beyond their owner’s property line, the dog must be controlled by a leash of no
more than 12 feet in length, under the direct control of its owner or authorized representative.
Visitors shall be discouraged from bringing dogs on-site.
(c) The Master Developer, Developer Affiliates and/or Association(s), as
applicable, shall be responsible for enforcing the dog and pet covenants set forth herein. Stray
dogs may also be controlled by the Town and CDOW. Homeowners not in compliance with
these dog restrictions shall be responsible for any and all costs incurred by the Master Developer,
Developer Affiliates, Association(s), the County of Eagle and/or CDOW for enforcing these
provisions.
(d) Homeowners should be educated that they should not feed dogs and other
pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators.
(e) Contractors shall be prohibited from bringing dogs onto the Property, even
if they would be kept inside vehicles.
13. Fencing.
(a) Fencing within The Village (at Avon) north of I-70 shall be restricted to
facilitate local and migratory wildlife movements, optimize habitat availability, and reduce
wildlife mortality. Fencing approval shall be under the purview of the Design Review Board.
999369.9999369.10 D-6
Homeowners shall be permitted a 6’ high privacy fence to enclose up to 2,500 square feet,
provided it is immediately adjacent to the house and it is entirely within the designated Building
Envelope, unless specifically approved by the Design Review Board. All other fencing shall be
prohibited. Where fencing is required to be installed to restrict domestic livestock on adjacent
properties, it shall be compatible with wildlife movements and conform to the following
specifications:
(i) Wildlife compatible fencing is permitted to a maximum of 3
strands of wire (smooth wire preferred) or 3 rails. Rails shall not be more that 4 inches
tall.
(ii) The top rail or wire strand shall not be higher than 42 inches above
mean ground level. With the exception of a split rail design, a rail fence shall not have a
top rail oriented horizontally whose width perpendicular to the ground exceeds 1 inch.
This measure is to prevent snow accumulation on the top rail from restricting big game
movements.
(iii) The middle wire strand shall be no higher than 30 inches above
mean ground level, providing a 12 inch kickspace below the top strand.
(iv) The bottom rail or wire strand shall be at least 18 inches above
mean ground level, to provide sufficient clearance for passage of elk calves, deer fawns,
and other wildlife.
(b) Fencing may be subject to more restrictive provisions as stated in the
Design Guidelines.
14. Bears and Mountain Lions/Trash Removal/Nuisance Wildlife.
(a) Bear and Related Issues. The following measures shall be required to
reduce potential bear problems:
(i) There shall be no outside storage of any trash or garbage, no matter
how briefly (e.g. overnight), at any Dwelling Unit or anywhere within the development,
unless it is contained within individual bear-proof containers which meet North American
Bear Society, CDOW or U.S. National Park Service specifications.
(ii) Prior to disposal, any refuse that might attract bears should be kept
within the garbage in a suitable receptacle with a tight-fitting lid. Refuse should not be
kept within detached garages or sheds because these structures are more likely to be
broken into by bears. Trash containers should be taken to the collection points (e.g., the
end of the driveways) the morning of collection and not put out the night before.
(iii) There shall be no dumps or underground disposal of refuse within
The Village (at Avon). Buried garbage may attract bears.
(iv) Residents should be discouraged from using a garden compost pile,
unless the compost pile is bear-proof, meeting North American Bear Society, CDOW or
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U.S. National Park Service specifications. Residents shall also be educated that
household and garden waste contributions to compost piles compose the materials that
can attract bears and other nuisance wildlife (e.g. skunks), creating conflicts. Composted
yard waste consisting of leaves, grass, small branches, etc. do not usually attract bears.
(v) Pets shall not be fed outside. Bowls of pet food left on the back
deck may attract bears and other predators (e.g., coyotes) and nuisance species (e.g.,
skunks) of wildlife. Some of these wildlife species may carry diseases that can be
transmitted to pets.
(vi) With the exception of bird feeders, the feeding, baiting, salting, or
other means of attracting wildlife to individual yards is illegal and shall be prohibited
within the Property.
(vii) Homeowners shall be educated about bears and other local wildlife
via the CDOW’s brochure entitled “Living with Wildlife in Bear Country.” One copy of
the brochure shall be provided to each homeowner at closing.
(b) Mountain Lions.
(i) All residents and perspective residents shall receive a copy of the
CDOW’s brochure entitled “Living with Wildlife in Mountain Lion Country.” One copy
of the brochure shall be provided to each homeowner at closing.
(ii) With the exception of bird feeders, the feeding, baiting, salting, or
other means of attracting wildlife to individual yards is illegal and shall be prohibited
within the Property.
15. Horses. Except as may be permitted in the PUD Guide and except for pre-
existing uses, there shall be no boarding of horses or other livestock, including but not limited to
llamas, on individual Lots or community facilities within the Property. Any horses owned by
residents of the Village (at Avon) shall be boarded off-site. Residents of The Village (at Avon)
shall not be permitted a temporary “saddle-up” area, corral, or other fenced areas to allow horses
to be kept overnight, over a weekend, or for any length of time on their Lot.
16. Wildlife Mortality on Local Roads.
(a) Posted vehicle speed limits on proposed roads within The Village (at
Avon) north of I-70 shall be as set forth in Exhibit E (Street Standards) to the PUD Guide. To
reduce road mortality associated with speeding, road design is recommended (see Section 7
above) to force motorists to obey the speed limit.
(b) The Village (at Avon) is also accessed by high speed roads, including I-70
and Highway 6, where moderate numbers of deer and elk are killed by vehicles each year.
Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the
risks of damage to personal property and injury to motorists. The Village (at Avon) residents
should be educated about avoiding wildlife mortality on roads in any educational information
that is developed.
999369.9999369.10 D-8
17. Hunting. Hunting is the primary management tool the CDOW uses to balance
wildlife populations with available habitat. Inadequate hunter access and/or hunter harvest shall
allow populations to grow, increasing game damage on the Property and adjacent properties.
Hunting by authorized residents of The Village (at Avon) or guided guests, could continue on the
Property as long as safely allowed. However, it is required that all prospective hunters must
receive written permission to hunt a specified area by the Master Developer or its designee.
Secondly, the Master Developer shall decide what type and level of hunting, if any, is compatible
with development, what areas may be safely hunted, and when all hunting on the Property shall
be terminated as the Property builds out.
18. Educating Residents. Homeowners shall be educated about wildlife issues within
the Property by providing each homeowner one copy of this Wildlife Mitigation Agreement at
the time of closing and copies of the CDOW bear and mountain lion brochures. Other wildlife-
related education sources could include a “Living with Wildlife” book similar to that prepared
for other surrounding subdivisions located in sensitive wildlife habitats.
999369.9999369.10 E-1
EXHIBIT E
Minimum Design Guideline Standards
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EXHIBIT F
Street Standards
1. Street Design and Improvement Standards. Development within The Village (at Avon)
shall comply with the street design and improvement standards contained within Sections
7.28 and 7.32 of the Development Code, as modified by the standards set forth in this
Exhibit F.
(a) Street Descriptions and Types.
a. Post Boulevard (constructed): this Urban Arterial Road extends
south from Swift Gulch Road (constructed) to US 6 and has an interchange with I-
70. Curb, gutter, and attached sidewalks are provided along both side of the
roadway, and on the eastern side only between Fawcett Rd. and Yoder Ave.,
within a 84’ - 100’ R.O.W. The posted speed limit on Post Boulevard is 30 MPH,
changing to 35 MPH at the north end.
b. Yoder Avenue (constructed): this Urban Collector Cul-de-sac
Road extends east from Post Boulevard (constructed) to the Cul-de-sac. Curb,
gutter, and attached sidewalks are provided along both sides of the roadway, and
on the south side only from Fawcett Road to the cul-de-sac, within a 60’ R.O.W.
A center turn lane is provided. The posted speed limit is 25 MPH.
c. Fawcett Road (constructed): this Urban Collector Road extends
between Post Boulevard (constructed) and Yoder Avenue (constructed). Curb,
gutter, and sidewalk are provided along both sides of the roadway, and along the
western side only from the Wal-Mart entry to Yoder Ave., with-in a 60’ – 71’
R.O.W. A center turn lane is provided. The posted speed limit is 25 MPH.
d. East Beaver Creek Boulevard (temporary): this Rural Local Road
extends from Avon Road to Post Boulevard (constructed). The posted speed limit
of 30 MPH.
(1) No commercial through traffic shall be permitted.
e. Swift Gulch Road (constructed): this Rural Local Road extends
from Avon Road to Post Boulevard (constructed). An 8’ wide multi-use trail
exists with-in the varying width R.O.W.
f. East Beaver Creek Boulevard (conceptual): this Rural Local Road
extends from Avon Road at the western edge of Lot 1, to Post Boulevard
(constructed). Hard shoulders shall be provided within a 50’ (min.) R.O.W. as
generally depicted on the conceptual illustration attached as a part of this Exhibit
F, and may, at the option of the Applicant, be constructed and installed in phases
contemporaneously with the phased development abutting the applicable portion
of East Beaver Creek Blvd.
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(1) No commercial through traffic shall be permitted.
(2) Provided that East Beaver Creek Boulevard does not
connect to Post Boulevard, cul-de-sacs may exceed 1,000 feet in length
and serve not more than 450 Dwelling Units; The portion of such
cul-de-sacs serving 250 or more Dwelling Units shall be constructed to
Rural Collector Road, and the portion of such cul-de-sacs serving less than
250 Dwelling Units shall be constructed to Rural Local Road.
g. Main Street (conceptual): this Urban Local Road extends from the
western edge of Lot 1 at Chapel Place to the roundabout at Post Boulevard
(constructed). Curb, gutter, and sidewalk shall be provided along both sides of the
roadway, within a 50’ (min.) R.O.W. for the eastern and western segment, and 80’
(min.) R.O.W. for the central segment as generally depicted on the conceptual
illustration attached as a part of this Exhibit F, and may, at the option of the
Applicant, be constructed and installed in phases contemporaneously with the
phased development abutting the applicable portion of Main Street.
h. Swift Gulch Road (conceptual): this Rural Local Road extends
east from the roundabout at Post Blvd. (constructed) through Planning Area J, the
United States Forest Service parcel, to Planning Area I. Hard shoulders shall be
provided within a 50’ (min.) R.O.W. as generally depicted on the conceptual
illustration attached as a part of this Exhibit F, and may, at the option of the
Applicant, be constructed and installed in phases contemporaneously with the
phased development abutting the applicable portion of Swift Gulch Road.
i. Road A (conceptual): this Urban Local Road extends from East
Beaver Creek Blvd. (conceptual) to Main Street (conceptual). Curb, gutter, and
sidewalk shall be provided along both sides of the roadway, within a 50’ (min.)
R.O.W. as generally depicted on the conceptual illustration attached as a part of
this Exhibit F, and may, at the option of the Applicant, be constructed and
installed in phases contemporaneously with the phased development abutting the
applicable portion of Road A.
(1) No commercial through traffic shall be permitted.
j. Road B (conceptual): this Urban Local Road extends from the
western roundabout of Main Street (conceptual) to the eastern roundabout of
Main Street (conceptual). Curb, gutter, and sidewalk shall be provided along one
side of the road, within a 50’ (min.) R.O.W. as generally depicted on the
conceptual illustration attached as a part of this Exhibit F, and may, at the option
of the Applicant, be constructed and installed in phases contemporaneously with
the phased development abutting the applicable portion of Road B.
(1) No commercial through traffic shall be permitted.
(2) At the option of the applicant this may be designated as a
one-way street.
999369.9999369.10 F-3
k. Road C (conceptual): this Urban Local Cul-de-sac Road extends
north from the eastern roundabout of Main Street (conceptual) to the cul-de-sac.
Curb, gutter, and sidewalk shall be provided along both sides of the road, within a
50’ (min.) R.O.W. as generally depicted on the conceptual illustration attached as
a part of this Exhibit F, and may, at the option of the Applicant, be constructed
and installed in phases contemporaneously with the phased development abutting
the applicable portion of Road C.
l. Road D (conceptual): this Rural Local Cul-de-sac Road extends
east from East Beaver Creek Blvd. (conceptual) to the cul-de-sac. Hard shoulders
shall be provided, within a 50’ (min.) R.O.W. as generally depicted on the
conceptual illustration attached as a part of this Exhibit F, and may, at the option
of the Applicant, be constructed and installed in phases contemporaneously with
the phased development abutting the applicable portion of Road D.
m. Road E (conceptual): this Rural Local Cul-de-sac Road extends
north and east from the roundabout at Post Blvd. (constructed) and Swift Gulch
Rd. (constructed) to the cul-de-sac. Hard shoulders shall be provided, within a 50’
(min.) R.O.W. as generally depicted on the conceptual illustration attached as a
part of this Exhibit F, and may, at the option of the Applicant, be constructed and
installed in phases contemporaneously with the phased development abutting the
applicable portion of Road E.
n. Spur Roads F-N (conceptual): these Rural Local Cul-de-sac Roads
extend from Road E (conceptual) to their cul-de-sacs. Hard shoulders shall be
provided, within a 50’ (min.) R.O.W. as generally depicted on the conceptual
illustration attached as a part of this Exhibit F, and may, at the option of the
Applicant, be constructed and installed in phases contemporaneously with the
phased development abutting the applicable portions of Roads F-N.
o. Roads located within Planning Areas I, K, and RMF-1
(conceptual): Any additional roads not currently designated shall be Rural Local
Roads with hard shoulders within a 50’ (min.) R.O.W. as generally depicted on
the conceptual illustration attached as a part of this Exhibit F.
(b) Modifications to Street Standards.
(i) Minimum Driving Surface:
a. Roads within Planning Area K east of conceptual Lot 84: 20 feet
b. All other roads: 22 feet
(ii) Minimum Shoulder: 2 feet each side, paved
a. Shoulders shall not be required if curb and gutter are installed.
Median areas shall not require a sidewalk and, if curb and gutter is installed, shall
not require a shoulder.
999369.9999369.10 F-4
(iii) Design Speed: 30 MPH except as listed below
a. Post Boulevard (constructed): 35 MPH
b. East Beaver Creek Boulevard (temporary): 35 MPH
c. Spur roads F – N (conceptual): 25 MPH
(iv) Posted Speed: 25 MPH except as listed below
a. Post Boulevard (constructed): 30 MPH
b. East Beaver Creek Boulevard (temporary): 30 MPH
c. Spur roads F – N (conceptual): 20 MPH
(v) Maximum Grade: 6% except as listed below
a. East Beaver Creek Blvd.: 8%, provided that:
(1) the grade is not maintained for a distance in excess of 500
feet; and
(2) no spur roads or driveways will have access points during
the run of 8%. It is an acceptable approach to reduce the grade to 6% at
the spur road or driveway access points and then increase the grade back
to 8%.
b. Swift Gulch Road (conceptual): 10%, provided that:
(1) the grade is not maintained for a distance in excess of 800
feet; and
(2) no spur roads or driveways will have access points during
the run of 10%. It is an acceptable approach to reduce the grade to 8 1/2%
at the spur road or driveway access points and then increase the grade
back to 10%.
c. Spur Road F (conceptual): 10%
d. Road E (conceptual): 10%, provided that:
(1) the grade is not maintained for a distance in excess of 800
feet; and
(2) no spur roads or driveways will have access points during
the run of 10%. It is an acceptable approach to reduce the grade to 8 1/2%
at the spur road or driveway access points and then increase the grade
back to 10%.
999369.9999369.10 F-5
(vi) Minimum Curve Radius: 100 feet
(vii) Minimum Site Distance: 200 feet
(c) Retaining walls.
(i) Retaining walls over four feet in height or any wall supporting a vehicular
load or structure shall be structurally designed and certified by a Colorado
licensed professional engineer.
(ii) Retaining walls supporting naturally accruing topography and other site
development constraints over four feet in height shall be designed with a
series of retaining walls with landscaped terraced steps. The width of the
terrace between any two four-foot vertical walls shall be at least four feet.
Retaining walls higher than four feet shall be separated from any other
retaining wall by a minimum of five feet horizontally. Terraces created
between the retaining walls shall be permanently landscaped.
(iii) Retaining walls supporting a vehicular load or structure shall not exceed
29 feet in height unless approved by the Town Planning and Zoning
Commission, provided that retaining walls occurring along Road E
(conceptual) between SP 241.00 and SP 260.00 shall have no height
restrictions as specified in the conceptual illustrations.
(d) Dedication to Town. All streets installed and constructed in accordance with the
street design and improvement standards contained within Sections 7.28 and 7.32
of the Development Code, as modified by this Exhibit F, shall be eligible for
dedication to the Town for ownership and maintenance.
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EXHIBIT G
Municipal Code Provisions
Not Applicable to The Village (at Avon) PUD
1. Development Code Provisions:
(a) § 7.08.010 Definitions
(a) (b) § 7.16.020(b)(5) Multiple Applications
(b) (c) § 7.16.060(i) Lapse of a Final PUD
(c) (d) §§ 7.16.060(j)(1)(ii) & (iii) Revocation of a Final PUD
(d) (e) § 7.16.070 Subdivision
(e) (f) § 7.16.090 Design Review
(f) (g) § 7.16.100 Special Review Use
(g) (h) § 7.16.140(b)(2) Vested Property Rights Created (with respect to amendments
to any Site Specific Development Plan)
(h) (i) § 7.16.140(g) Forfeiture of Vested Property Rights
(i) (j) § 7.20.100 Employee Housing Mitigation
(j) (k) § 7.24 Use Regulations (excluding § 7.24.080, Temporary Uses and
Structures, as modified by this PUD Guide)
(k) §§ 7.28.020(b)(4) & (5) Applicability and Location: Location and Ownership
(l) § 7.28.020(e) Off-Street Parking and loading
(m) § 7.28.020(g) Computation of Parking and Loading Requirements
(n) § 7.28.020(h) Off-Site Parking
(o) § 7.28.020(i) Public Parking Districts and Facilities
(p) § 7.28.040(f)(1) Mobility and Connectivity: Vehicle Circulation; Street Standards
(q) (m) § 7.28.050 Landscaping
(r) (n) § 7.28.060 Screening
(s) § 7.28.070 Retaining wallsWalls
999369.9999369.10 G-2
(t) (o) § 7.28.080 (b)(2) Fences
(u) (p) § 7.28.090 Design standardsStandards
(v) (q) §§ 7.28.100(a)(3)(i), (v), (x), (xiii)(D) & (xxiii)(E) Natural resource
protectionResource Protection
(r) §§ 7.28.100(a)(3)(xiii)(D) & (E) Natural resource protection
(w) (s) §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and
Specifications
(t) § 7.32.020(e)(6) Buildable Area
(u) § 7.32.020(e)(7) Building Envelopes
(v) § 7.32.030(c) Compliance with Town Specifications Required
(x) (w) § 7.32.030(l) Engineering Improvement Standards: Streets; Grades, Curves,
and Sight Distances
(y) (x) § 7.32.030(m) Engineering Improvement Standards: Streets; Cul-de-sacs
(z) (y) § 7.32.040(c) Paved Trail Design: Minimum Width
(aa) (z) § 7.32.040(e) Paved Trail Design: Grades
(aa) § 7.32.040(k) Maintenance
(bb) § 7.32.080 School Site Dedication (Pursuant to Section ___ of the Development
Agreement, Section 7.32.080 of the Development Code with respect to school site
dedications)
(cc) § 7.32.090 Park Land Dedication
(dd) § 7.40 1041 Regulations
2. Other Municipal Code Provisions:
(a) § 3.40 Impact Fees
(b) § 8.32 Wildlife Protection
(c) § 15.24 Solid-Fuel-Burning Devices
(c) (d) § 15.28 Sign Code
(d) (e) § 15.30 Outdoor Lighting Standards
999369.9999369.10 G-3
(e) (f) Impact fees enacted or adopted after the Effective Date, the impacts of The
Village (at Avon) being adequately mitigated by, among other matters, the
payment of the impact fees set forth in Section ___ of the Development
Agreement.
(f) (g) Pursuant to Section J.1614 of this PUD Guide, any affordable housing,
attainable housing and/or employee workforce housing provisions of the
Municipal Code.
3. Any other provision of the Municipal Code expressly superseded in whole or in part
pursuant to any other provision of this PUD Guide.
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EXHIBIT H
Referenced Development Code Sections
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999369.9999369.10 I-1
EXHIBIT I
Definitions
The definitions of words and phrases set forth in this Exhibit I expressly supersede any
additional or conflicting definitions of the same words or phrases or same general intent as set
forth in the Municipal Code and constitute the sole and exclusive definitions for the purpose of
this PUD Guide and the interpretation, application and enforcement of this PUD Guide and
related components of the Development Plan. When not inconsistent with the text, words used
in the present tense include the future, words used in the singular number include the plural,
words in the plural include the singular, and the masculine includes the feminine. The words
“will” or “shall” are mandatory, and the word “may” is permissive.
1. 2. Accessory Building, Structure or Use means a subordinate Building, Structure or Use
located on the same Lot (or on a contiguous Lot in the same ownership) or Superblock on which
the main Building, Structure or Use is situated, which is customarily incidental to that of the
main Building or to the main Use of the Site, and which is reasonably necessary and incidental to
the conduct of the Use of such Building, Structure or main Use.
2. 3. Accommodation Unit(s) means any room or group of rooms used primarily for
transient lodging and accessible from common corridors, walks, or balconies without passing
through another Accommodation Unit.
3. 4. Affordable Housing Plan means the sole and exclusive affordable housing
requirements for The Village (at Avon) PUD, as set forth in Section J.1614 of this PUD Guide,
which
4. 5. Agricultural Use means those agricultural activities commonly pursued in Eagle
County including but not limited to the planting, cultivation and harvesting of crops, trees,
grasses and similar crops used for production of hay and other animal feedstock, and the grazing
of livestock; provided, however, that Animal Boarding, cultivation in connection with operation
of a Medical Marijuana Business and large contained animal feeding operations (feed lots)
and/or slaughter houses shall not be construed as an Agricultural Use.
5. 6. Animal Boarding means the operation of an establishment, excluding the operation of
Kennels, in which domesticated animals other than household pets are housed, groomed, bred,
boarded, trained or sold. Animal Boarding shall not be construed to be an agricultural Use
eligible for being designated an approved Interim Use.
6. 7. Applicant means the Landowner of the real property comprising the Site for which an
Application is submitted, or an individual or entity whom the Landowner has designated in
writing as its authorized representative for the purpose of representing the Landowner and/or
acting upon any application or submittal for development of the pertinent Site (which may be a
contract purchaser or owner of an option to purchase fee simple ownership of the Site or portion
thereof with the fee owner’s written consent to any such application or submittal, or which may
be an owners’ association for a Condominium project or like common interest ownership
project). Notwithstanding any additional or conflicting provision of the Municipal Code, the
999369.9999369.10 I-2
definition of “Applicant” shall not be construed to mean any person or entity owning, holding or
possessing an easement interest, a leasehold interest, a license, a security interest or any other
form of interest in the Site, whether possessory or otherwise, other than fee simple ownership of
the Site as reflected in the official records of the Eagle County Tax Assessors office.
7. 8. Application means any form of application or submittal to the Town for review and
approval of any form of development within The Village (at Avon), including but not limited to
an application or submittal regarding an amendment to this PUD Guide, an amendment to the
PUD Master Plan, a Preliminary Plan, a Final Plat, a grading permit, a building permit or similar
matters.
8. 9. Appurtenances means the visible, functional, or ornamental objects accessory to and
part of a building.
9. 10. Arcade means a series of arches or similar architectural features supported on piers or
columns.
10. 11. Architectural Projection means a building element (i.e., Appurtenance, Arcade,
Awning, Balcony, tower, steeple, portico, chimney, cupola and similar non-habitable features)
which physically projects beyond the plane of a required limitation (i.e., height, setback, etc.).
Architectural Projections may project ten (10) feet or less beyond the applicable Building
Envelope with the prior written consent of the Design Review Board. Architectural Projections
may project greater than ten (10) feet beyond the applicable Building Envelope with the prior
written consent of the Design Review Board and the Town.
11. 12. Automobile Repair Shop (Major or Minor) means an establishment that does not sell
fuel, gasoline or petroleum products which is primarily engaged in the service, repair or
maintenance (including but not limited to paint, body and fender, major and minor engine and
engine part overhaul, muffler, upholstery work, tire repair and change, lubrication, tune ups and
transmission work, vehicle washing, detailing polishing similar services) of:
(a) with respect to Major Uses, commercial and heavy truck oriented motor vehicles,
trailers and similar large mechanical equipment; and
(b) with respect to Minor Uses, passenger and light truck oriented motor vehicles,
trailer and similar mechanical equipment.
12. 13. Awning means a roof-like cover (whether canvas, metal, masonry or other material)
that extends in front of or over a doorway, window, deck, Balcony or entryway to provide
protection from the sun, rain or snow.
13. 14. Balcony means that portion of a Structure that is essentially open and outward from
the main Building with a floor and a railing, with or without a ceiling or other form of cover, and
higher than four (4) feet above ground level.
14. 15. Bed and Breakfast means an establishment operated in a private residence or portion
thereof that provides temporary accommodations to overnight guests for a fee and which is
999369.9999369.10 I-3
occupied by the operator of such establishment. For purposes of Dwelling Unit calculation, a
Bed and Breakfast shall be considered one (1) Dwelling Unit.
15. 16. Block means a unit of land designated as a “block” on a recorded Final Plat and
which contains within its boundaries a group of individually platted Lots as designated on such
recorded Final Plat.
16. 17. Building means any permanent Structure constructed for the shelter or enclosure of
persons, animals, chattels or property of any kind, which is permanently affixed to the land and
has one (1) or more floors and a roof.
17. 18. Building Envelope means the physical boundaries within which Buildings, Structures
or other above-ground improvements may be constructed on a particular Site, subject to
modification as provided in Section J.10 of this PUD Guide, being a three (3) dimensional
volume circumscribed by:
(a) the applicable Building Setback requirements;
(b) the applicable Building Height requirements;
(c) the applicable Site Coverage requirements; and
(d) the applicable Lot Area requirements.
Notwithstanding the foregoing, the following improvements are permitted outside of the
Building Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and
Dry Utilities.
18. 19. Building Height means the distance measured vertically from the reference elevation
(defined below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping
roof, but excluding from the calculation of Building Height any non-habitable Architectural
Projections. The parallel slope method shall be used for purposes of calculating the Building
Height, and the “reference elevation” shall be:
(a) within Planning Areas A, B, C, D, E, F, G, H, I, J and RMF-1, the Finished
Grade; and
(b) within all other Planning Areas, the Natural Grade or the Finished Grade
(whichever is more restrictive).
19. 20. Building Setback means the distance from a specified Site boundary line, a creek or a
stream measured horizontally to a line or location within the Site which establishes the permitted
location of Uses, Structures, or Buildings on the Site. The location within a Site of Sidewalks,
Drive Aisles, Driveways, landscaping features and fences required pursuant to applicable Town
or other governmental ordinances, regulations and requirements (i.e., fence enclosures for
swimming pools) are not restricted by the Building Setback requirements.
999369.9999369.10 I-4
20. 21. Bus Stop means a facility for the loading and discharging of passengers by publicly or
privately operated buses.
21. 22. Cabled Telecommunication Equipment means any equipment used to provide Cabled
Telecommunication Service, but which is not affixed to or contained within a Cabled
Telecommunication Facility, but is instead affixed to or mounted on an existing Building or
Structure the Primary Use of which is not for the provision of Cabled Telecommunications
Services. Cabled Telecommunication Equipment also includes a ground mounted base station
used as an Accessory Structure that is connected to an antenna or dish mounted on or affixed to
an existing Building.
22. 23. Cabled Telecommunication Facility means any freestanding facility, Building, pole,
tower or other Structure used to provide only Cabled Telecommunication Services, and which
consists of, without limitation, antennae, equipment, storage and other Accessory Structures used
to provide Cabled Telecommunications Services.
23. 24. Cabled Telecommunication Service means services providing for the transmission
through Dry Utilities facilities of analog or digital communications of any form and any similar
services transmitted by or through fiber optic or other forms of below or above ground cabling,
including but not limited to cable television, high speed data, telephony, and satellite television
systems providing services to a Multi-family Dwelling, a collection of Single-family Dwellings,
or a collection of Buildings within a Mixed Use Project.
24. 25. Child Care Center means a facility, however named or denominated (for example,
day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer
camps, centers for developmentally disabled, dependent and/or neglected children, but
specifically excluding Family-care Homes), which is maintained, for the whole or part of a day,
for the care of:
(a) five (5) or more children under the age of sixteen (16) years who are not related to
the owner, operator or manager of such facility, whether operated with or without
compensation for such and with or without stated education purposes; or
(b) children under the age of six (6) years with stated education purposes which are
operated in conjunction with a public, private or parochial educational facility, except for
a kindergarten maintained in connection with a public, private or parochial elementary
school system of at least six (6) grades so long as the school system is not also providing
extended day care services.
25. 26. Commercial Parking means a surface parking lot or Parking Structure that does not
provide accessory parking to a specific Building or Use, is available for parking by the general
public for a fee, may include reserved parking spaces, and which is owned by a private,
non-governmental entity.
26. 27. Commercial Use(s) means the following Uses:
(a) Accommodations Units;
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(b) Animal Boarding;
(c) domesticated animal grooming;
(d) (c) Automobile Repair Shop (Major or Minor);
(e) (d) bakeries;
(f) (e) banks and financial institutions;
(g) (f) bar and tavern;
(h) (g) barber and beauty shops;
(i) (h) Bed and Breakfast;
(j) (i) beverage stores;
(k) (j) Bus Stop;
(l) (k) business and professional offices;
(m) (l) Cabled Telecommunications Equipment;
(n) (m) Cabled Telecommunications Facilities;
(o) (n) Cabled Telecommunications Services;
(p) (o) car wash (as the Principal Use);
(q) (p) Child Care Center;
(r) (q) Churches;
(s) (r) cinema;
(t) (s) clinic, intermediate medical care facility (i.e., out-patient services only);
(u) (t) clothing stores;
(v) (u) Community Facilities;
(w) (v) commercial offices;
(x) (w) Commercial Parking;
(y) (x) Convenience Retail;
(z) (y) department stores;
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(aa) (z) Drive-in Uses;
(bb) (aa) employment agency
(cc) (bb) Extended Stay Hotel;
(dd) (cc) Family Child Care Home;
(ee) (dd) Grocery Store;
(ff) (ee) Group Home;
(gg) (ff) fitness centers and health clubs;
(hh) (gg) furniture stores;
(ii) (hh) hardware stores;
(jj) (ii) Hotel, Motel and Lodge;
(kk) (jj) Home Occupations, Minor and Major;
(ll) (kk) Hospitals, long-term care facilities and other medical facilities including, but
not limited to clinics, group and congregate care facilities, independent and assisted
living facilities and nursing homes;
(mm) (ll) indoor entertainment facility;
(nn) (mm) indoor storage;
(oo) (nn) Kennels;
(pp) (oo) laboratory;
(qq) (pp) landscaping and snow removal services;
(rr) (qq) laundromat/dry cleaning;
(ss) (rr) Medical Marijuana Businesses, to the extent not wholly prohibited in the
Town in accordance with applicable Town ordinance;
(tt) (ss) medical and dental offices;
(uu) (tt) meeting facility;
(vv) (uu) newspaper and commercial printing shops;
(ww) Nude Entertainment Establishments;
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(xx) (vv) nursery or garden supply;
(yy) (ww) Outdoor Storage;
(zz) (xx) professional offices;
(aaa) (yy) real estate sales offices;
(bbb) (zz) photocopy and blueprint businesses;
(ccc) (aaa) Public Facilities;
(ddd) (bbb) Private Parking;
(eee) (ccc) Public Parking;
(fff) (ddd) Recycling Facility;
(ggg) (eee) Recycling Processing Facility;
(hhh) (fff) repair shops, small electronics repair;
(iii) (ggg) Restaurants;
(jjj) (hhh) Retail sales, specialty and gift shops; ski tuning; bike assembly
(kkk) (iii) service and social clubs;
(lll) (jjj) Service Stations;
(mmm)(kkk) Studios (music, dancing, photography, movie, art and broadcasting)
(nnn) tailor, seamstress, clothing alterations
(ooo) (lll) Temporally Divided Dwelling
(ppp) (mmm) theaters;
(qqq) (nnn) trade schools and colleges;
(rrr) (ooo) Transit Shelter;
(sss) (ppp) Wireless Telecommunications Equipment;
(ttt) (qqq) Wireless Telecommunications Facilities;
(uuu) (rrr) Wireless Telecommunications Services;
(vvv) (sss) Vacation Clubs;
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(www) (ttt) Uses which the Director determines to be similar.
27. 28. Community Facility means a publicly or privately owned facility, Building or
Structure which is primarily intended to serve the recreational, educational, cultural
administrative or entertainment needs of the community as a whole and is operated on a non-
commercial, not for profit, non-profit or similar basis.
28. 29. Condominium means any group of Condominium Units developed as a unitary
project within a Site on which one or more Buildings are located.
29. 30. Condominium Unit means an individual air space unit (as defined in C.R.S. § 38-33-
103(4)) together with the interest in the common elements (as defined in C.R.S. § 38-33-103(3))
of the Condominium appurtenant to such unit. For purposes of Dwelling Unit calculation, only
Condominium Units which are designated for Residential Use shall be counted as Dwelling
Units.
30. 31. Convenience Retail means a retail store containing less than five thousand (5,000)
square feet of gross floor area which sells everyday good and services, which may include,
without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries.
31. 32. Community Development means the Town of Avon Department of Community
Development.
32. 33. Design Covenant means the Declaration of Master Design Review Covenants For
The Village (at Avon) dated May 8, 2002 and recorded on May 8, 2002 at Reception No.
795011, as amended by the First Amendment to Declaration of Master Design Review
Covenants For The Village (at Avon) dated June 4, 2008 and recorded on June 10, 2008 at
Reception No. 200812112 and by the Second Amendment and Ratified First Amendment to
Declaration of Master Design Review Covenants For The Village (at Avon) dated September 16,
2010 and recorded on September 16, 2010 at Reception No. 201018341, and as may be further
amended from time to time.
33. 34. Design Review Guidelines means, as may be amended from time to time, The Village
(at Avon) Design Review Guidelines dated ___________, 19___, as amended and as may be
further amended or supplemented, and as prepared, approved and promulgated by the Design
Review Board by the Master Developer and which establish the sole and exclusive architectural
design, landscape design, urban design and site design standards applicable within The Village
(at Avon).
34. 35. Design Review Board means The Village (at Avon) Design Review Board as
appointed or elected in accordance with the Design Covenant.
35. 36. ollectively, together with their respective successors
and assigns and together with any other entity with respect to which Traer Creek LLC is the
managing member and which acquires title to any portion of the Property after the Effective
Date, Traer Creek-RP LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer
Creek-HD LLC and Traer Creek-WM LLC.
999369.9999369.10 I-9
36. 37. Development Agreement means the Consolidated, Amended and Restated
Annexation and Development Agreement for The Village (at Avon) concerning the Property
dated as of _________________, 2012, as amended from time to time.
37. 38. Development Code means Title 7 of the Municipal Code, as in effect on the Effective
Date unless otherwise stated.
38. 39. Development Plan means, as referenced in Section A.4(b) of this PUD Guide,
collectively:
(a) this PUD Guide (together with each Exhibit hereto) and the PUD Master Plan, as
amended, which shall control the zoning of the Property pursuant to the Planned Unit
Development Act of 1972, Sections 24-67-101 et seq., C.R.S., and Section 17.20.110 of
the Municipal Code; and
(b) the Development Agreement.
39. 40. Development Standards means the sole and exclusive planning requirements and
regulations governing the development of the Property as set forth in Sections E and J of this
PUD Guide, which
40. 41. Director means the Director of Community Development.
41. 42. Drive Aisle means the lane(s) within a parking lot or facility devoted to the passage
of vehicles, as opposed to the parking stalls, and does not include lanes used only or primarily
for drive-in customer service.
42. 43. Drive-in Use means an establishment which by design, physical facilities, service or
packaging procedures encourages or permits customers to receive services, obtain goods or be
entertained while remaining in their motor vehicles.
43. 44. Driveway means a constructed vehicular access serving one (1) or more properties
and connecting directly to a public or private road.
44. 45. Dry Utilities means, excluding Infrastructure, conduit and sleeving for, and the
installations contained therein, telephone, cable, fiberoptic and similar “dry” utilities intended to
be privately owned, maintained and/or operated.
45. 46. Duplex Dwelling means a single architecturally integrated Structure that contains two
separate and independent residences intended to be occupied by two (2) families (or groups of
people) living independently of one another, but does not encompass Primary/Secondary
Structures. For purposes of the Dwelling Unit calculation, each residence within a Duplex
Structure counts as a separate Dwelling Unit, thereby counting as two Dwelling Units per
Duplex Structure. If the Site on which a Duplex Structure is constructed is subsequently
subdivided into two separate Lots, each of the Lots and Dwelling Units can be owned separately
as fee simple estates and ownership can then be conveyed or transferred independently.
999369.9999369.10 I-10
46. 47. Dwelling means a Building or portion thereof the occupancy of which is exclusively
for Residential Use as a Single-family Dwelling, Duplex Dwelling, Multi-family Dwelling
(including Condominium Units designated for Residential Use), Major Home Occupation or Bed
and Breakfast.
47. 48. Dwelling Unit(s) means one or more rooms with a single kitchen and at least one (1)
bathroom and which is designed, occupied or intended for occupancy as separate living quarters
for the exclusive use of a single family (or group of people) or individual independently from
any other family or group of people, or an aggregation of Accommodation Units.
48. 49. Effective Date means ____________________, 2012, and is intentionally
distinguished from Original Effective Date.
49. 50. Excluded Use means a Use which is specifically not permitted within a particular
Planning Area, as distinguished from a Use by Right, a Special Review Use, a Temporary Use or
an Interim Use.
50. 51. Extended Stay Hotel means a Hotel/Motel/Lodge with Accommodation Units that
have complete kitchen and bathroom facilities intended and utilized primarily for transient or
semi-transient occupancy.
51. 52. Family Child Care Home means a facility for Child Care in a place of residence of a
family or person for the purpose of providing less than twenty-four (24) hour care for children
under the age of eighteen (18) years who are not related to the head of such home, and may
include any such other types of family Child Care homes as may be designated by rules of the
State Department of Social Services pursuant to C.R.S. § 26-9-106(2)(p).
52. 53. Final Plat means a final subdivision plat, including any replats thereof or amendments
thereto, approved by the Town pursuant to Section H.2 of this PUD Guide.
53. 54. Finished Grade means the final elevation of the ground surface after development.
54. 55. Grocery Store means a retail establishment which primarily sells food for home
consumption, beverages and other convenience and household goods.
55. 56. Gross Square Footage means the total floor area designed for occupancy and use,
including basements, mezzanines, stairways and upper floors, if any, expressed in square feet
and measured from the interior surface of joint partitions and outside walls.
56. 57. Group Home means a Structure within which a state licensed facility for the care
and/or housing of developmentally disabled persons, mentally ill persons, sex offenders, parolees
or similar distinct groups of individuals is undertaken.
57. 58. Guest House means a Secondary Structure which is physically detached from a
Single-family Dwelling, is serviced through the same utility meters or connections as the Single-
family Dwelling, and is intended for temporary periodic occupancy by visitors to the residents of
the Single-family Dwelling. Guest Houses are a Secondary Structure and shall be construed to
be an Accessory Use to the Primary Use of the Single-family Dwelling.
999369.9999369.10 I-11
58. 59. Home Occupation, Major means an occupation or business activity which results in a
product or service and is conducted in whole or in part in a Dwelling Unit and does not qualify
as a Minor Home Occupations because it: produces noise audible outside the Dwelling Unit;
causes or requires customers, delivery persons, employees or any person to enter the property on
or within which the Dwelling Unit is located; requires alteration to the Dwelling Unit to satisfy
applicable fire, building or health codes or regulations; requires or allows any signs to be visible
from the outside of the property on or within which the Dwelling Unit is located; and/or changes
the appearance or residential character of the Structure.. A Major Home Occupation Use shall be
considered a Commercial Use.
59. 60. Home Occupation, Minor means any occupation, profession or other activity
(including any activity associated with a non-profit group) that takes place entirely within a
Dwelling Unit and which does not: produce noise audible outside the Dwelling Unit; cause or
require customers, delivery persons, employees or any person to enter the property on or within
which the Dwelling Unit is located; require alteration to the Dwelling Unit to satisfy applicable
fire, building or health codes or regulations; require or allow any signs to be visible from the
outside of the property on or within which the Dwelling Unit is located; or change the
appearance or residential character of the Structure. A Minor Home Occupation shall be
considered a Residential Use.
60. 61. Hospital means an institution providing health services primarily for human inpatient
medical or surgical care for the sick or injured and including related facilities such as
laboratories, out-patient departments, cafeteria and food preparation areas, training and central
services facilities and staff offices.
61. 62. Hotel, Motel and Lodge means a Building, including an Extended Stay Hotel but
excluding a Bed and Breakfast, containing three (3) or more Accommodation Units and which
may include Accessory Use facilities such as offices, laundry facilities, recreation facilities,
lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory
uses commonly associated with hotels, motels and lodges.
62. 63. Industrial Use(s), Heavy or Light means:
(a) with respect to Heavy Industrial Uses, those uses engaged in the basic processing
and manufacturing of material or products predominately from extracted or raw
materials, or a use engage in storage of, or manufacturing processes using flammable or
explosive materials, or storage or manufacturing process that potentially involve
hazardous conditions. Heavy Industrial Uses shall also mean those uses engaged in the
operation, parking and maintenance of vehicles (but specifically excluding Automobile
Repair Shops), cleaning of equipment or work processes involving solid waste or sanitary
waste transfer stations, recycling establishments, and transport terminals (truck terminal,
public works yard, container storage).
(b) with respect to Light Industrial Uses, those uses engaged in the manufacturing,
predominantly from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, packaging, incidental storage,
sales or distribution of such products. Further Light Industrial Uses shall mean uses such
999369.9999369.10 I-12
as the manufacture of electronic instruments, preparation of food products,
pharmaceutical manufacturing, research and scientific laboratories or the like. Light
Industrial Uses shall not include uses such as mining and extracting industries, petro-
chemical industries, rubber refining, primary metal, or related industries.
63. 64. Infrastructure means, excluding Dry Utilities, those man-made structures which serve
the common needs of the population and are generally intended to be dedicated to, owned by and
maintained by the Town, another governmental or quasi-governmental entity and/or a public
utility provider, including but not limited to potable water systems; wastewater disposal systems;
solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other
utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and
transit stops.
64. 65. Interim Use means a Use that is permitted on a case-by-case basis within a particular
Planning Area or on a specific Site during the period prior to or during development of a Site
upon an Applicant’s receipt of written approval from the Design Review Board (as applicable) in
accordance with Section J.1 of this PUD Guide; provided, however, that Agricultural Uses as an
Interim Use shall be construed to be a Use by Right within all Planning Areas without the
requirement of written approval from the Design Review Board.
65. 66. Kennel means a facility licensed to house dogs, cats or other household pets and/or
where grooming, breeding, boarding, training or selling of animals is conducted as a business.
66. 67. Landowner means the owner(s) of fee simple title to a Block, Superblock, Lot, Tract
or other parcel of real property as reflected in the official records of the Eagle County Tax
Assessor. Notwithstanding any additional or conflicting provision of the Municipal Code, the
definition of “Landowner” shall not be construed to mean any person or entity owning, holding
or possessing an easement interest, a leasehold interest, a license, a security interest or any other
form of interest, whether possessory or otherwise, other than fee simple ownership as reflected in
the official records of the Eagle County Tax Assessors office.
67. 68. Landscaped Area means that portion of a parcel of land with any combination of
living plants, such as trees, shrubs, vines, groundcover, flowers, or lawns; natural features and
nonliving groundcover such as rock, stone and bark; and structural features, such as fountains,
reflecting pools, art works, screen walls, fences and benches; but shall not include parking areas.
68. 69. Lot(s) means a parcel of real property as shown with a separate and distinct “lot”
number or letter on a Final Plat.
69. 70. Lot Area means the gross area contained within the external boundary lines of a Lot,
expressed in acres or in square feet.
70. 71. Main Street means, as conceptually depicted in Exhibit E of this PUD Guide, the
primary east-west roadway connecting Post Boulevard to Chapel Place, consisting of a “60’ wide
eastern segment,” a “80’ wide central segment” and the “60’ wide western segment.”
71. 72. Manufactured Home means a Single-family Dwelling which is: partially or entirely
manufactured in a factory; at least twenty-four (24) feet wide and thirty-six (36) feet long;
999369.9999369.10 I-13
permanently affixed to and installed on an engineered permanent foundation; covered by a
pitched or cosmetically equivalent roof and brick or wood exterior siding; in compliance with
HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and
performance engineering standards.
72. 73. Master Developer means EMD Limited Liability Company, a Colorado limited
liability company (with respect to Planning Area I only) and Traer Creek LLC, a Colorado
limited liability company (in all other respects), which entities (or any successor entities) are
designated and authorized to act on behalf of all Developer Affiliates and their respective
successors in interest with respect to and for purposes of this PUD Guide.
73. 74. Medical Marijuana Business means the Use of a Site, or portion thereof, for the
cultivation, manufacture, production, distribution, acquisition or sale of marijuana, including for
Medical marijuana Centers, manufacturing of Medical Marijuana-Infused Products, or Optional
Premises as such terms are defined by C.R.S. § 12-43.3-104, as may be amended, regardless of
whether such Use is for profit or not for profit.
74. 75. Mobile Home means a Single-family Dwelling partially or entirely manufactured in a
factory, built on a permanent chassis, which is designed to be transported on streets to the place
where it is to be occupied as a Dwelling Unit, and is: at least twenty-four (24) feet wide and
thirty-six (36) feet long; permanently affixed to and installed on an engineered permanent
perimeter foundation; covered by a pitched or cosmetically equivalent roof and brick or wood
exterior siding; in compliance with HUD or UBC standards, as applicable, or meets or exceeds
equivalent requirements and performance engineering standards.
75. 76. Mixed Use Project means the development of a Site, Building or Structure with two
or more different Uses in accordance with the Development Standards and which is designed,
planned and constructed as a unified project. Mixed Use Projects may be horizontally integrated
or vertically integrated, or both.
76. 77. Multi-family Dwelling means a Building containing three or more Dwelling Units,
whether such Dwelling Units are for sale or for lease (including Condominium Units designated
for Residential Use).
77. 78. he Town’s Municipal Code, as in effect on the Effective Date
unless otherwise stated.
78. 79. Natural Grade means the elevation of the ground surface in its natural state, before
man-made alterations.
79. Nude Entertainment Establishments means establishments open for business to the public
in which persons appear in a state of nudity for the purpose of entertaining the patrons of such
establishments, as more particularly described in Chapter 8.26 of the Municipal Code.
80. Off-street Parking Area means all off-street areas and spaces designed, used, required or
intended to be used for the parking, storage or operation of motor vehicles, including
Driveways or access ways in and to such areas, but not including any Outdoor Storage
999369.9999369.10 I-14
area used principally for storage of recreational vehicles, landscaping materials or other
bulk items, or public streets and rights-of-way.
81. Open Space means any land or water area with its surface open to the sky which serves
specific Uses of providing park and recreation opportunities, conserving natural areas and
environmental resources, structuring urban development form, and protecting areas of
agricultural, archeological or historical significance, but shall not be construed to mean
vacant or undeveloped land that is zoned for development.
82. Original Effective Date means October 13, 1998, and is intentionally distinguished from
Effective Date.
83. Original PUD Guide. The version of this PUD Guide originally approved by the Town
on October 13, 1998 and recorded in the real property records of Eagle County,
Colorado, on November 25, 1998 at Reception No. 677744, as amended by the Prior
Amendments.
84. Outdoor Storage means the storage of any equipment, good, junk material, merchandise
or vehicles in the same place for more than twenty-four (24) hours in any area other than
within a roofed Structure.
85. Parking Regulations means, as set forth in Exhibit C to this PUD Guide, the sole and
exclusive Development Standards regulating parking, loading, access drive requirements,
mobility and connectivity within The Village (at Avon) PUD, which
(including but not limited
to the parking and loading, access drive, and mobility and connectivity development
standards set forth in Chapter 7.28 of the Development Code, as amended from time to
time), including without limitation, any additional or conflicting such provisions
86. Parking Structure(s) means an above ground or below ground Structure of one or more
levels containing Drive Aisles and parking stalls, which may be a stand-alone Structure
or be integrated into or within a Structure as an Accessory Use or Accessory Structure,
and which may provide Commercial Parking, Public Parking or Private Parking.
87. Planned Unit Development (PUD) means an area of land, controlled by one or more
landowners, to be developed under unified control or a unified plan and is developed as a
whole in a single development operation or programmed series of development stages.
The development may include Dwelling Units, Commercial Uses, Industrial Uses, Mixed
Use Projects, Public Facilities and related educational, recreational and similar
complimentary Uses, in any combination, the plan for which is not required to
correspond in Lot Size, bulk or type of Use, density, Lot Coverage, Open Space or other
restriction set forth in the Town’s existing land use regulations.
88. Planning and Zoning Commission means the Town’s Planning and Zoning Commission.
89. Planning Area means an area indicated as a planning area on the PUD Master Plan, the
Use and development of which shall be regulated by and be undertaken in accordance
with the Development Plan.
999369.9999369.10 I-15
90. Planning Department means the Town’s Planning Department.
91. Preliminary Engineering means the following submittals in connection with certain future
street improvements within The Village at (Avon) as described in Section A.4(f) of the PUD
Guide: utilities locations (excluding utility sizing), preliminary drainage report, preliminary
grading plan and street cross sections, including transitions between any different cross sections.
92. 91. structure that consists of two Dwelling Units
within a single fee simple estate: one primary unit (containing the Principal Use) and one
secondary unit (i.e, a Guest House, carriage house or caretaker’s quarters). Within all Planning
Areas, the secondary unit can be no more than 40% of the floor area of the primary unit. The
secondary structure may attached to or detached from the primary unit; provided that the two
units cannot be subdivided or separately conveyed or transferred in ownership and the secondary
unit may not be leased or subject to a leasehold interest separate from the primary unit . The
Residential Use of the Secondary Structure shall be construed to be an Accessory Use to the
Principal Use of the Primary Structure, and the Primary Structure and Secondary Structure,
whether attached or detached, shall be counted as one Dwelling Unit in the aggregate.
93. 92. Principal Use means the primary or main Use of a Site or Structure as distinguished
from a subordinate or Accessory Use.
94. 93. Prior Amendments has the meaning set forth in Section A.1 above.
95. 94. Private Parking means a surface parking lot or Parking Structure that provides
accessory parking to a specific Building or Use, is available for parking by the owners, tenants
and/or customers of the Building or Use, may include reserved parking spaces, and which is
owned by a private, non-governmental entity such as an owners association.
96. 95. he 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.
97. 96. Property Line means the boundary of any Lot, Block, Superblock, Tract, Site or other
parcel of land as the same is described in the pertinent Final Plat or instrument of conveyance to
the Landowner, as applicable.
98. 97. Public Improvement(s) means any drainage ditch, storm water improvement, potable
water line, sanitary sewer line, similar utility extension, roadway, parkway, sidewalk, pedestrian
way, tree lawn, landscaped Open Space, Off-street Parking area, Lot improvement or similar
facility or improvement which benefits the public, is required by the Town to be provided by or
on behalf of the Applicant and assurance of completion to be provided as a condition of any
development approval, and is documented in a public improvements agreement. Public
Improvements may include and generally will be comprised of Infrastructure and/or Dry
Utilities, but may include types of improvements other than Infrastructure and Dry Utilities or
exclude certain types of improvements that are Infrastructure or Dry Utilities.
99. Public Improvements Agreement means an agreement to be entered into between the
Town and the party responsible for constructing public infrastructure in connection with the
999369.9999369.10 I-16
applicable Application as contemplated by Section 7.32.100 of the Development Code, which
agreement shall be in a form mutually agreed upon by the Master Developer and the Town.
100. 98. Public Improvement Company means, collectively, The Village (at Avon)
Commercial Public Improvement Company and The Village (at Avon) Mixed-Use Public
Improvement Company, which the Master Developer has created in accordance with and for the
purposes stated in Section ___ of the Development Agreement.
101. 99. Public Facility(ies) means constructed facilities that are owned by the Town, a
District or another governmental or quasi-governmental entity, including but not limited to:
transportation systems or facilities; water systems or facilities; wastewater systems or facilities;
storm drainage systems or facilities; fire, police and emergency services systems or facilities;
electric, gas, telecommunications utilities or facilities; and other publicly owned buildings or
facilities.
102. 100. Public Parking means a surface parking lot or Parking Structure that is available for
parking by the general public and which is owned by the Town, a quasi-governmental entity
(specifically including Traer Creek Metropolitan District and Village Metropolitan District and
any other quasi-governmental entity or urban renewal authority approved by the Town after the
Effective Date and having all or any part of its boundaries or service area located within The
Village (at Avon)).
103. 101. his The Village (at Avon) Amended and Restated PUD Guide
dated __________________, 2012.
104. 102. PUD Master Plan means The Village (at Avon) P.U.D. Master Plan attached hereto
as Exhibit B and incorporated herein. The PUD Master Plan depicts, among other things,
Planning Areas and permanent, temporary and conceptual road alignments for the development
of The Village (at Avon).
105. 103. Recycling Facility means a facility, which may be either contained and conducted
within a Structure or conducted outside of a Structure so long as all materials are stored within
an enclosed container, for the collection and temporary storage (prior to relocating to a
Recycling Processing Center) of empty beverage containers, aluminum, glass, paper, cardboard,
clothing or other materials for recycling purposes.
106. 104. Recycling Processing Center means a facility in which recycling materials received
from a Recycling Facility or from other sources are processed for subsequent use or distribution.
107. 105. Religious Facility means a Building containing a hall, auditorium or other suitable
room or rooms used for the purpose of conducting religious worship or other services or
meetings of the occupants of such structure, including churches, synagogues, mosques or the
like, but excluding any Buildings used for commercial endeavors.
108. 106. Residential Use means the Use of a Building (or applicable potion thereof) for
purposes of a Single-family Dwelling, Duplex Dwelling, Multi-family Dwelling, Major Home
Occupation (portion of the Building not used for Commercial or Industrial Uses),
Primary/Secondary Structure, Guest House or Bed and Breakfast.
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109. 107. Restaurant(s) means an establishment engaged in the Use or Accessory Use of a
building or structure for the sale of foods and beverages to the customer in a ready-to consume
state, and in which the design or principal method of operation includes the following
characteristics:
(a) With respect to “drive-through” Restaurants, allows for or beverages to be served
directly to the customer in a motor vehicle without the need for the customer to exit the
motor vehicle.
(b) With respect to “fast food” Restaurants:
(i) Food and beverages are usually served in paper, plastic or other disposable
containers;
(ii) The consumption of food and beverages is encouraged or permitted within
the Restaurant building, within a motor vehicle parked upon the premises or at
other facilities on the premises outside the restaurant building, or for carry-out;
and
(iii) Drive-through facilities are allowed, subject to Design Review Board
review and approval of traffic patterns, vehicle stacking areas, and entrance and
exit locations.
(c) With respect to “standard” Restaurants, which may but are not required to include
as an Accessory Use the on-premises production of fermented (alcoholic) malt beverages
and/or malt, special malt or vinous and spirituous liquors:
(i) Customers are served their food and/or beverages by a restaurant
employee at the same table or counter at which the items are consumed; and/or
(ii) Customers are served their food and/or beverages by means of a cafeteria
type operation where the food or beverages are consumed within the Restaurant
building.
110. 108. Service Station(s) means a facility equipped for the sale of gasoline, diesel,
electricity or other forms of fuel for motorized vehicles, and which may but is not required to
include as an Accessory Use Convenience Retail, fast food Restaurants, drive-through
Restaurants, and/or automated or self car washes.
111. 109. Settlement Term Sheet. As defined in Section A.1 above.
112. 110. Single-family Dwelling means a Building designed exclusively for occupancy by
one (1) family (or individual or group of individuals living independently as a unit), but
expressly excluding a Mobile Home.
113. 111. Site means a specifically described area of land which is the subject of a
development Application, and which may be a Lot, an aggregation of Lots within a Mixed Use
Project, a Superblock or any other form of designation or combination of designations of
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specifically described areas of land that are otherwise eligible to be developed under the terms of
this PUD Guide and applicable law.
114. 112. Site Coverage means the ratio, expressed as a percentage, of the area of a Site which
is rendered impermeable by Buildings compared to the Lot Area (or in the case of a Superblock
or assemblage of Lots, the gross area contained with the entire Site).
115. 113. Site Specific Development Plan has the meaning set forth in the Vested Property
Rights Statute.
116. 114. developed or conducted
within The Village (at Avon) PUD only upon further Town review and approval of such Use in
accordance with and subject to compliance with the terms and conditions of Section F of this
PUD Guide. Any such Special Review Uses are further subject to compliance with the
applicable Development Standards, the Design Review Guidelines, the Subdivision Regulations
and approval by the Design Review Board, and issuance of a building permit in accordance with
Section A.4(g) above and any applicable Town use permit or business permit in accordance with
applicable requirements of the Municipal Code, as superseded or modified by the Development
Plan.
117. 115. Stream Setback Provisions means the provisions and requirements set forth in
Section J.1311 of this PUD Guide.
118. 116. Structure means a combination of materials to form a construction for Use,
occupancy or ornamentation whether installed on, above or below the surface of land or water.
119. 117. Subdivision Regulations means Section 7.16.070 of the Development Code, as
modified and/or superseded by the provisions of Section H of this PUD Guide.
120. 118. Superblock means, as provided in Section H of this PUD Guide, a unit of land
designated as a “block” or “superblock” on a recorded Final Plat and which:
(a) Is bounded by streets or by a combination of streets and public lands or other
rights-of way other than an alley, waterways or any barrier to the continuity of
development;
(b) Does not contain within its boundaries any individually platted Lots;
(c) May be legally conveyed by reference to the Block designation on the Final Plat;
and
(d) Within which one or more Structures and/or Buildings may be constructed and
occupied without the requirement of further subdivision into individual Lots.
121. 119. The Village (at Avon) PUD means the zone district authorized for the Property by
the Town, and which constitutes the sole and exclusive zoning regulations applicable within the
Property and
.
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122. 120. Temporally Divided Dwelling means any Dwelling with respect to which more than
four (4) persons (or entities), whether by fee interest, leasehold or contractual right, are entitled
to the use, occupancy or possession of such Dwelling according to a fixed or floating time
schedule occurring periodically over any period of time (the use, occupancy or possession by
each person being exclusive of that by the others. Temporally Divided Dwelling includes but is
not limited to a timeshare estate as defined in C.R.S. § 38-33-110, any form of interval
ownership, any form of fractional fee ownership, and any form of vacation club or similar
venture. For purposes of this definition, the Use of the Dwelling rather than the form of
ownership of the Dwelling (i.e., whether owned in fee by a single owner, a corporate entity
engaged in the business of providing services to those entitled to the use, occupancy or
possession of a Temporally Divided Dwelling, or similar forms of ownership) shall be
determinative of whether a Dwelling is a Temporally Divide Dwelling; provided, however that
ownership of an interest in joint tenancy by two (2) persons shall be considered one (1) person.
123. 121. Temporary Use means any Use that is not classified as a Permitted Use, Special
Review Use or Interim Use with respect to the applicable Planning Area.
124. 122. he Town of Avon, a municipal corporation of the State of Colorado.
125. 123. Town Council means the Town Council of the Town.
126. 124. Tract means a parcel of real property as shown with a separate and distinct “tract”
number or letter on a Final Plat.
127. 125. Transit Shelter means a Structure which provides protection from the weather to
persons who are waiting to board a publicly or privately operated bus or other form of mass
transit.
128. 126. Transportation Master Plan. The Transportation Master Plan adopted by the Town,
as amended from time to time.
129. 127. Use(s) means the primary or principal purpose for which land or a building or
structure is designated, arranged, or intended, or for which it either is or may be occupied or
maintained.
130. 128. Use(s) by Right means a Use or Uses permitted to be developed or conducted within
The Village (at Avon) PUD without the requirement of further Town review or approval, subject
to compliance with the applicable Development Standards, the Design Review Guidelines, the
Subdivision Regulations and approval by the Design Review Board, and with respect to which a
building permit shall be issued in accordance with Section A.4(g) above and/or any applicable
Town use permit or business permit shall be issued in accordance with applicable requirements
of the Municipal Code, as superseded or modified by the Development Plan.
131. 129. Use Category means one of the following general categories of Use that may be
permitted within The Village (at Avon) on a Planning Area by Planning Area basis:
(a) Residential Uses.
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(b) Commercial Uses.
(c) Industrial Uses.
(d) Interim Uses.
(e) Mixed Use Projects.
(f) Public Facilities.
132. 130. Vacation Club means a corporate entity that is the record owner, as reflected in the
records of the Eagle County Tax Assessor, of a Temporally Divided Dwelling which Dwelling it
makes available to its members and/or guests of its members for their accommodation on a
periodic basis in consideration of such members’ interest or membership in the entity.
133. 131. Vested Property Right(s) has the meaning set forth in the Vested Property Rights
Statute.
134. 132. Vested Property Rights Regulations means Section 7.16.140 of the Development
Code, as modified by this PUD Guide.
135. 133. Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado
Revised Statutes as in effect on October 13, 1998.
136. 134. Wildlife Mitigation Plan means, as set forth in Exhibit D to this PUD Guide, the
sole and exclusive Development Standards for wildlife mitigation measures applicable within
The Village (at Avon) PUD, and which
.
137. 135. Wireless Telecommunication Equipment means any equipment used to provide
Wireless Telecommunication Service, but which is not affixed to or contained within a Wireless
Telecommunication Facility, but is instead affixed to or mounted on an existing Building or
Structure the Primary Use of which is not for the provision of Wireless Telecommunications
Services. Wireless Telecommunication Equipments also includes a ground mounted base station
used as an Accessory Structure that is connected to an antenna mounted on or affixed to an
existing Building.
138. 136. Wireless Telecommunication Facility means any freestanding facility, Building,
pole, tower or other Structure used to provide only Wireless Telecommunication Services, and
which consists of, without limitation, antennae, equipment, storage and other Accessory
Structures used to provide Wireless Telecommunications Services.
139. 137. Wireless Telecommunication Service means services providing for the transmission
of wireless communications utilizing frequencies authorized by the Federal communications
commission for paging systems, enhanced specialized wireless telecommunication, persona
communication services, cellular telephone service and any similar services provided by means
other than Cabled Telecommunication Services.
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Document 2 ID PowerDocs://DENVER01/999369/10
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