PZC Packet 0717181 Agenda posted on Friday, July 13, 2018 at the following public places within the Town of Avon:
-Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970-748-4023 for questions.
Planning & Zoning Commission
Meeting Agenda
Tuesday, July 17, 2018
If you require special accommodation please contact us in advance and we will assist you. You may call David McWilliams at 970-
748-4023 or email cmcwilliams@avon.org for special requests.
I. Call to Order – 5:00pm
II. Roll Call
III. Additions & Amendments to the Agenda
IV. Conflicts of Interest
V. Minor Development Plan/ Alternative Equivalent Compliance - PUBLIC HEARING
Files: MNR18021 & AEC18007
Legal Description: Lot 60, Block 3, Wildridge / 4380 June Point
Applicant: Brian Sipes, Sipes Architects
Summary: 301 square foot building addition, exterior modifications including sloped roofs, and
new paint color.
VI. Final PUD (Major Amendment) Village at Avon PUD - PUBLIC HEARING
File: PUD18004
Legal Description: Lot 1, Filing 1, Village at Avon / 1000 E. Beaver Creek Blvd.
Applicant: Traer Creek-RP, LLC
Summary: Proposal to amend the PUD Guide for an approximate 13-acre property located at the
intersection of Post Blvd and East Beaver Creek Boulevard, including: 1) increased
density; 2) increase maximum allowable residential development from 50% to 100%
total floor area; decrease in minimum commercial; and 3) increase allowable building
height from 48’ to 58’; and additional related changes.
VII. Buck Creek Plaza Rezoning - PUBLIC HEARING
File: REZ18003
Legal Description: Lot 72, Block 2, Benchmark at Beaver Creek Subdivision / 110 Beaver Creek Blvd.
Applicant: Bret Burton, Burton Real Estate, LLC
Summary: Proposal to amend the zoning of the Buck Creek Plaza parcel from Shopping Center
(SC) to the Mixed-Use Commercial (MC) zone district. The change in zoning would
facilitate the conversion of second level commercial space into residential
condominiums.
VIII. Consent Agenda
A – June 19, 2018 Meeting Minutes
B – Record of Decision for File #CPA18001, Workforce Housing Plan Recommendation
IX. Sign Code Work Session
Description: A working draft will be reviewed, along with questions from staff as to the direction PZC desires
for the Code.
2 Agenda posted on Friday, July 13, 2018 at the following public places within the Town of Avon:
-Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970-748-4023 for questions.
X. Staff Updates
• Staff approvals:
i. New deck at Ein Prosit
ii. Modifications at New Town Hall
iii. Color change at 4271 Wildridge Road
iv. Garden fence at 5729 Wildridge Road
v. Deck at 2822 Ked Spur
• Tentative July 24, 2018 PZC / Town Council Work session topics:
i. Short term rental
1. Current state
2. Best practices
ii. Climate Action Plan
1. Building envelope
2. AEC requirements for certain projects
3. Mitigation and resiliency regulations
4. E-bikes
iii. Housing Plan
1. Work Plan Priorities and Schedule
XI. Adjourn
July 17, 2018 PZC Meeting – 4380 June Point 1
Staff Report – Minor Development Plan & AEC
July 17, 2018 Planning and Zoning Commission Meeting Case #MNR18021
and AEC18007
Project type
Minor Development Plan and Alternative Equivalent Compliance
Public Hearing Required
Legal Description Lot 60 Block 3Wildridge Subdivision
Zoning Planned Unit Development (PUD)
Address 4380 June Point
Prepared By David McWilliams, Town Planner
Staff Report Overview
This staff report contains two applications for consideration by the PZC: Minor Development Plan
with Design Review for a proposed addition and modification to a single-family house; and an
Alternative Equivalent Compliance for a roof pitch under the required pitch on the addition.
Summary of Request
Brian Sipes (the Applicant) proposes an addition and modifications on the existing house at Lot 60.
The proposal achieves a mountain-modern aesthetic, with large windows and more interaction
between the inside and the outside. The addition creates a stilted great room with windows on three
sides and a patio below. A small addition to the foyer is proposed for a more prominent entryway. In
total 301.3 sf of additional space is proposed, bringing the total building to approximately 4497 sf.
Further modifications include the color, wood siding, and roof material.
The proposal reaches over the Limit of Disturbance envelope from the air. Staff is comfortable that
the intent of the limit is upheld in this instance. The intent of the non-developable area line is to keep
a natural buffer around the upper limits of the subdivision and the surrounding National Forest land.
The pillars of the addition remain within the building envelope, with the rest of the building
cantilevered above it. Furthermore, the proposal removes various hardscape landscape improvements
made over the years by the previous owner that encroach on the line.
Public Notice
Notice of the public hearing was published in the July 6 edition of the Vail Daily in accordance
with Sec. 7.16.020(d) of the Avon Development Code. Mailed notice is not required for this
application type.
Property Description
Lot 60 is 2.5 acres located at the end of June Point at the top of
Wildridge. It is zoned PUD. It is a partially forested lot, with
steep topography dropping down toward the June Creek
drainage. The single-family home was constructed in 1999.
Planning Analysis
July 17, 2018 PZC Meeting – 4380 June Point 2
Lot Coverage, Setback and Easements: Lot 60 has traditional Wildridge building envelope and
easements:
Front Side Back Drainage Easement
25’ 7.5’ 10’
10’ on each side
The plat includes a line of non-developable area. The great room addition is proposed to be
cantilevered over that line by a few feet, and the roof will extend further. The best view of this is
between Attachment B, Sheet A1.2 and A2.0. A1.2 shows the line with the pillars, and A2.0 shows
where the pillars, new great room profile, and the roof profile will be in relation to each other.
Building Height: The maximum building height permitted for this property is thirty-five feet
(35’). The applicant is proposing the addition height to be 27’ – 1 3/8” according to the development
plans.
Design Standards Analysis
Landscaping & Irrigation: Staff determined that because the site was not being substantially
altered, the only area of focus shall be the disturbed area of the property. T he disturbed area
is 5,740 sf and requires 114.8 Landscape Units (LUs). The application does not propose
additional landscaping, but notes the landscaping retained, including evergreens, deciduous
trees, shrubs, ground cover, and native grasses (sheet A1.2, attachment B) for a count of 135.
Three trees will be removed to accommodate the design, one at the driveway, one at the new entry
porch, and one at the rear of the house. A site tour conducted by staff confirmed their infeasible
locations. The previous occupant constructed various sitting areas and hardscape throughout the
property, and the applicant has a vision to remove most of it. A new more functional patio will be
created below the great room. Irrigation will not be modified, and the proposal generally scales back
to more intuitive planting types and areas. There is a stone wall proposed near the south corner of the
great room exterior. A decorative stone wall at the front of the house is proposed to be removed.
Building Design, Building Materials and Colors: The primary exterior building materials are
stucco (colored “grayish”, Light Reflective Value 60), wood siding (stained brown), and stone tiles
(martials page, Attachment B). Colors were reviewed for conformance with Sec. 7.28.090
(j)(4)(viii), Building Materials, and determined to comply with the design standards. All materials
are of high quality and compliment Avon’s built landscape.
Roof Material and Pitch: The roof material and pitch were reviewed for compliance with
Sec. 7.28.090(d)(3) Roofs. The applicant is proposing primarily 2:12 roof pitches. Pitches are
required to be 3:12 or above, therefore an Alternative Equivalent Compliance review is necessary,
found below.
Exterior Lighting: The proposed lighting (Attachment C) consist of square wall luminaires that are
Dark Sky compliant.
Minor Development Plan & Design Review - Review Criteria
§ 7.16.080(f), Development Plan
1. Evidence o f substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
Staff Response: The Application is in compliance with the applicable purposes outlined in the
July 17, 2018 PZC Meeting – 4380 June Point 3
Development Code. Purpose (f) states, “Provide a planned and orderly use of land, protection of the
environment and preservation of viability, all to conserve the value of the investments of the people of
the Avon community and encourage a high quality of life and the most appropriate use of land
throughout the municipality”
2. Evidence of substantial compliance with §7.16.090, Design Review;
Staff Response: T his Minor Design and Development Plan Application should be assessed for
compliance with the Design Review criteria of the Development Code. The Design Review section
seeks quality development and structures that are visually harmonious with the site and the
surrounding vicinity. Conformance with this code section is discussed below and in Staff Analysis.
The roof pitch deviation from the Development Code is included for Alternative Equivalence
Compliance review, below.
3. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Northern Residential District (District 11 of the
Comprehensive Plan), which states, “Due to the limited number of existing trees and shrubs and the
open character of the property, special care should be taken to ensure that all structures are compatible
with one another and in harmony with the natural surroundings.” This district includes Planning
Principles that encourage open space preservation, sidewalks, and to, “encourage and support
development that: Prohibits significant alteration of natural environment as well as ridgeline and
steep slope development. This area should be highly sensitive to visual impacts of improvements,
wildlife preservation, and lighting.” This Application generally proposes a design that is consistent
with the Goals and Policies contained in the Comprehensive Plan, including, “Policy G.2.1:
Identify and avoid development in environmentally sensitive areas or steep hillsides.”
4. Consistency with any previously approved and not revoked subdivision plat,
planned development, or any other precedent plan or land use approval for the property
as applicable;
Staff Response: The application is in conformance with the accompanying requirements of the
PUD zoning and the Development Code.
5. Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and
Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development
Standards; and
Staff Response: The analysis contained in this staff report addresses all applicable Development
Code standards.
6. That the development can be adequately served by city services including but not
limited to roads, water, wastewater, fire protection, and emergency medical services.
Staff Response: All special services are well established in the subdivision.
§7.16.090(f), Design Review
1. The design relates the development to the character of the surrounding community;
or, where redevelopment is anticipated, relates the development to the character of Avon as
a whole;
July 17, 2018 PZC Meeting – 4380 June Point 4
Staff Response: The Application proposes a design that relates to the character of the
surrounding community.
2. The design meets the development and design standards established in this
Development Code; and
Staff Response: The design is either compliant with the development and design standards contained
in the Development Code, or seeks an Alternative Equivalent Compliance.
3. The design reflects the long- range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
Staff Response: Applicable adopted plans include the Avon Comprehensive Plan and provisions of the
Development Code. The design has been evaluated for conformance with these plans and staff has
determined the proposed design meets the requirements as proposed.
7.16.120 - Alternative Equivalent Compliance
Alternative equivalent compliance is a procedure that allows development to meet the intent of the
design-related provisions through an alternative design. It is not a general waiver or weakening
of regulations; rather, this application procedure permits a site-specific plan that is equal to or
better than the strict application of a design standard specified in the Development Code. This
procedure is not intended as a substitute for a variance or administrative modification or a vehicle
for relief from standards in this Chapter. Alternative compliance shall apply only to the specific
site for which it is requested and does not establish a precedent for assured approval of other
requests.
Review Criteria.
The PZC shall use the following review criteria as the basis for a decision on an application
for alternative equivalent compliance:
1. The proposed alternative achieves the intent of the subject design or development standard to
the same or better degree than the subject standard;
2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard;
3. The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard; and
4. The proposed alternative imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Title.
AEC Request
The Application proposes roof pitches of 1.25:12 and .25:12, to complement the preexisting roof
forms with the primary forms 2:12, instead of the required 4:12 (3:12 for metal) on the roof
sections, in deviation of AMC section 7.28.090(d)(3)(i) (Attachment A, page 2).
Summary of Applicant Response
The mountain modern design oftentimes uses low snug roofs. Besides the new addition, the massing
of the building is largely unchanged by the roof modifications. It mimics the property’s sloping
topography and softens the building in the landscape.
Staff Analysis
July 17, 2018 PZC Meeting – 4380 June Point 5
The intent of mandating a 3:12 pitch for metal roofs is to create an attractive angled shape of the
roof, and a unified aesthetic throughout town. Snow loading is another concern that the Municipal
Code seeks to avoid by prohibiting low-pitched roofs. The home is proposed to become mountain
modern, which generally favors a lower pitched roof, unique structure shape, and large windows.
PZC is instructed to review the alternative for
achieving the intent of the subject design standard.
Section 7.28.090(d)(3)(i) allows, “Flat roofs may be
permitted as secondary roofs or if the flat roof is
consistent with the architectural style of the building.”
Staff finds the flatter roofs consistent with the styling of
the building. The Purposes section of Avon Municipal
Code, states, “(l) Promote architectural design which
is compatible, functional, practical and
complimentary checking to Avon's sub-alpine
environment.”
The layout adheres to the Avon Comprehensive Plan,
“Policy A.1.5: Promote development that maximizes
sun exposure and protects views.” It further states,
“Policy C.1.2: Ensure compatible architectural
features between adjacent buildings.” While there are
few mentionable similarities between any of the
adjacent structures, the proposal creates a more contemporary feel to the neighborhood of western
and mountain homes of various styles.
Overall, staff is comfortable with the aesthetic achieved, of the AEC application to achieve the intent
of the Municipal Code to the same degree as the 3:12 regulation does. The PZC should carefully
assess the application for compliance with the review criteria, listed above.
Staff Recommendation:
Staff recommends approval of the Alternative Equivalent Compliance application for Lot 60 Block 3
Wildridge Subdivision with the following findings:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review, and §7.16.120 Alternative Equivalent Compliance;
2. The AEC achieves the intent of the roof design standard to the same or better degree than
the subject standard because the flatter sections are consistent with the styling of the
building;
3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same
or better degree than the roof design standards, including Policy A.1.5;
4. The AEC results in benefits to the community that are equivalent to or better than
compliance with the roof design standards; and
5. The AEC imposes no greater impact on adjacent properties than would occur through
compliance with the specific requirements of the Avon Development Code.
The primary, or most prominent, roof forms on the house
are 4:12 and gabled.
July 17, 2018 PZC Meeting – 4380 June Point 6
Recommended Motion:
“I move to approve Case #AEC18007, an application for Alternative Equivalent Compliance for Lot
60 Block 3 Wildridge Subdivision together with the findings of fact recommended by Staff.”
Staff Recommendation for MNR18021 Minor Design & Development Plan:
Staff recommends approving the Minor Development Plan application for Lot 60 Block 3 Wildridge
with the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the
application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. There is no extra demand for public services or infrastructure exceeding current capacity by
the application; and
6. The design relates the development to the character of the surrounding community.
Motion to Approve the Application:
“I move to approve Case #MNR18021, an application for Minor Design and Development Plan for
60 Block 3 Wildridge Subdivision together with the findings of fact outlined by Staff.”
Exhibits
A. Application Materials
B. Design & Development Plans
C. Lighting Cut Sheet
10 July 2018
Planning and Zoning Commission
And Planning Director
Town of Avon
75 South Frontage Road
Vail, Colorado 81657
RE: 4380 June Point Renovation – Minor Development Plan Narrative
Dear planning commissioners and director,
We are submitting for approval the attached minor development plan application for renovation and small addition to
a single-family home in Wildridge.
The primary design objectives for the project are to better capture the spectacular views from this property and to
update and modernize the architectural style. The existing home is a quasi-southwest style primarily stucco home
with wood accents. Although the existing home has very tall ceilings and spectacular views, it is constrained with
very small windows. The proposed design will completely transform this home into a contemporary mountain
modern home that embraces the environment and brings the outside in.
Specific findings related to the town development standards:
• 301.3 sf of additional area will be added to the building. This is less than the 600 sf allowed maximum for
minor development plan applications therefore we are submitting under the minor development plan
process.
• Lot size and Landscaping – the lot is 2.5 acres and includes two stands of significant mature aspen groves.
Only the minimum area necessary for construction will be disturbed and result in only one existing tree is
proposed to be removed at the entry, however it is an ornamental tree planted with the original development,
and it does not appear healthy. The remaining landscape trees plus the revegetated area exceeds the
requirements for landscape unit counts per the included table.
• Exterior materials are of high quality and durability and include stone veneer, cement stucco, stained wood,
asphalt shingles and standing seam metal roofing in natural materials and colors.
• The existing building has significant areas of flat roof in a southwestern style, yet the upper story is entirely
covered with a fully hipped pitched roof. We proposed to add low sloped roofs to 2 of the existing flat roof
areas and leave just two flat roof areas as accents to be more in keeping with the development standards for
roofline modulation and thereby making the flat roof areas truly secondary to the sloped roofs.
Because of the existing home configuration, roofs over the existing flat roof areas can not be 4:12 pitch or
they would eliminate some upper level windows. We have applied simultaneously for an alternative
minimum compliance for these roofs and fee that the resulting architectural massing is a dramatic
improvement over the existing home and achieves the goals of the design standards with respect to mass
and compatibility with the natural terrain.
• Building height will remain most unchanged. At the entry an odd upper level porch that doesn’t align under
the roof overhang above is being enclosed and extended above the roofline to create a better transition. The
flat roof over this area will extend slightly above the existing roofline but does so in an area where the grade
is such that it falls well within the allowable height of 30’.
Thank you!
Sincerely,
Brian Sipes, AIA, LEED AP
Sipes Architects
Attachment A, 1
19 June 2018
Planning and Zoning Commission
And Planning Director
Town of Avon
75 South Frontage Road
Vail, Colorado 81657
RE: 4380 June Point Renovation – Alternative Equivalent Compliance
Dear planning commissioners and director,
We are requesting a deviation from the minimum pitched roof residential development design standard under the
alternative equivalent compliance procedure (7.16.120). This request is being made simultaneously with our minor
development plan application for an existing home renovation.
The existing single-family residence has significant areas of primary flat roof in excess of what would be considered
secondary to the pitched roof areas. We are proposing to cover this primary flat roof with a low slope pitched metal
roof. The remaining flat roof areas in the proposed design will be truly secondary to the overall massing of the home.
Because this project is the renovation of an existing home, we are somewhat constrained by the existing special
layout of these primary roof spaces. The roofs over the existing primary flat roof areas cannot be of a 4:12 pitch or
they would rise taller than the eave line of the upper roof area and largely eliminate the stepped massing that is
another goal of the design standards. They would also result in the elimination of some upper level windows.
We feel that meets the intent of section 7.28.090 in that the resulting massing for the project will be organized into
areas of sloped roof massing with flat roofing accents. We also feel that the new design better achieves the specific
wildridge design standards for Building Height on Steep Slopes and Building Design because of the following:
• The design better articulates the building façade and the new sloped roof pitches down toward the valley
floor better matching the terrain and blending the home into its site.
• The addition of roof overhangs at the formerly flat roof areas will create strong shadow lines and visual
interest that softens the building into the landscape.
• At the entry, the new sloped roof will better protect the pedestrian areas and create very strong visual
interest and pedestrian scale at the public building entry.
• It must also be recognized that this is an improvement over the existing conditions and strict interpretation
of the roof pitch standard may make the project infeasible.
For these reasons we believe the design is an improvement over the existing non-complaint primary flat roof
condition; meets the goals of the comprehensive plan to the same degree; results in benefits to the community
equivalent or better than the subject standards; and causes no greater impacts on adjacent properties.
We ask for approval of the design based on alternative equivalent compliance with the residential design standards in
general and a specifically a deviation from the minimum roof pitch requirement.
Thank you!
Sincerely,
Brian Sipes, AIA, LEED AP
Sipes Architects
Attachment A, 2
stewart residence renovation minor development plan design review
4380 june point - avon, colorado
19 june 2018
Attachment B, 1
stewart residence - 4380 june point - minor development plan
existing conditions
Attachment B, 2
stewart residence - 4380 june point - minor development plan
existing conditions
Attachment B, 3
stewart residence - 4380 june point - minor development plan
existing conditions
Attachment B, 4
stewart residence - 4380 june point - minor development plan
inspiration images
Attachment B, 5
stewart residence - 4380 june point - minor development plan
proposed exterior materials
40 year asphalt shingles
color - charcoal
roof fascia
solid stain - flood pro series “cinder”
cement stucco
sherwin williams 6001“grayish”
existing and new wood siding and doors
solid stain - flood pro series “cinder”
standing seam metal roofing
metals sales corp. vertical seam panels
color - charcoal
12” flat pan with 1 3/4” vertical seams
rated to 1:12 slope over solid substrate
40 year asphalt shingles
color - charcoal
metal flashing, exposed steel beams and
window cladding - black
cement stucco
sherwin williams 6001“grayish”
existing and new wood siding and doors
solid stain - flood pro series “cinder”
natural thin stone veneer
“charcoal tv” limestone
natural thin stone veneer
“charcoal tv” limestone
Attachment B, 6
stewart residence - 4380 june point - minor development plan
proposed exterior materials
standing seam metal roofing: charcoal
SRI = 31
40 year high profile asphalt shingles: charcoal
thin stone veneer: charcoal t.v.wood siding: semi-transparent stain “cinder”
stucco: sherwin williams 6001 “grayish”
lrv 60
Attachment B, 7
Attachment B, 8
Attachment B, 9
Attachment B, 10
Attachment B, 11
Attachment B, 12
Attachment B, 13
Attachment B, 14
Attachment B, 15
Attachment B, 16
Attachment B, 17
Attachment B, 18
Attachment B, 19
stewart residence - 4380 june point - minor development plan
perspective views
Attachment B, 20
stewart residence - 4380 june point - minor development plan
perspective views
Attachment B, 21
stewart residence - 4380 june point - minor development plan
perspective views
Attachment B, 22
stewart residence - 4380 june point - minor development plan
perspective views
Attachment B, 23
stewart residence - 4380 june point - minor development plan
perspective views
Attachment B, 24
stewart residence - 4380 june point - minor development plan
roof material plan
Attachment B, 25
Fixture Type:
Catalog Number:
Project:
Location:
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Attachment C
July 17, 2018 PZC Meeting – Village at Avon Final PUD /Major Amendment 1
Staff Report – Final PUD (Major Amendment)
July 17, 2018 Planning & Zoning Commission Meeting
File #PUD18004
Public Hearing
Legal description
REQUIRED
Lot 1, Village (at Avon) Filing 1 – Planning Area F
Zoning PUD
Address 1000 East Beaver Creek Boulevard
Prepared By Matt Pielsticker, AICP, Planning Director
Introduction
Before the Planning and Zoning Commission is a Planned Unit Development (PUD) Amendment (“the
Application”) to modify the Village at Avon PUD Guide and standards for Planning Area F (PA-F). The
Application follows the conditional approval of a Preliminary PUD application, approved by the Town
Council on May 8, 2018. To review all Preliminary PUD materials, including staff reports, record of
decision, and public comments, visit here: http://www.avon.org/DocumentCenter/View/18836/Village-at-
Avon-Preliminary-PUD-Amendment-Approved?bidId
The Avon Development Code requires submittal of a Final PUD application within six months of Town
Council action on a Preliminary PUD, therefore this submittal is in compliance with the processing
requirements. A cover letter and narrative explaining changes and compliance with the review criteria
(Attachment A) is attached. The updated strikethrough version of the Village at Avon PUD Guide
(Attachment B), trip generation study (Attachment C), as well as written public comments (Attachment
D) are attached to this report.
Proposed Amendments
1) Increase density allowance from 18 dwelling units / acre to 22 dwelling units / acre;
2) Increase maximum allowable residential development from 50% to 100% total floor area; decrease in
minimum commercial development from 50% of the floor area to 1,000 sq. ft. for each 150,000-sq. ft. of
residential floor area;
3) Increase in allowable building height from 48’ to 58’ for multi-family and mixed-use buildings. If
buildings were taller than 48’ in height they would have greater setbacks from Post Boulevard (40’
setback) and “Main Street” (100’ setback);
4) Reduction in site coverage from 80% to 50% of the land area; and
6) Changes to the roadway section details providing for increased right-of-way (78’) widths to
accommodate multi-modal improvements.
Preliminary PUD Approval
On May 8, 2018 the Avon Town Council approved the Preliminary PUD application with a set of
conditions. The conditions of approval, and a response are included below:
1) A complete Final PUD application must be submitted within six (6) months of Town Council final action
on the Preliminary PUD.
STAFF RESPONSE: As stated, the Application was submitted in conformance with Avon Development
Code §7.16.060(e)(5), Submission Deadline for Final PUD.
July 17, 2018 PZC Meeting – Village at Avon Final PUD /Major Amendment 2
2) The Final PUD Application shall be updated as follows:
a. All changes enumerated in the April 27, 2018 letter from Dominic Mauriello will be incorporated,
specifically:
i. Building height increase shall be 58’ and the setback from Post Boulevard for any structure, or
portion thereof, which exceeds 48’ in height shall be increased to 40’, the setback from East
Beaver Creek Boulevard (i.e. future Main Street) for any structure, or portion thereof, which
exceeds 48’ in height shall be increased to 100’, structures shall be limited to 4 total stories
above grade, and Applicant shall propose language for review and consideration by Town to
define stories and above grade.
STAFF RESPONSE: The Village at Avon PUD Guide (Exhibit B) includes the applicable setbacks
for structures that could be in excess of 48’. The Village at Avon PUD Guide also includes a new
definition limiting buildings to four stories above finished grade.
ii. Density shall be increased to 22 residential units per acre.
STAFF RESPONSE: The density has been increased to 22 units per acre for Planning Area F.
iii. Applicant shall propose language for review and consideration by Town which requires 1,000
sq. ft. of commercial floor area to be developed as a condition of receiving a certificate of
occupancy for each 150,000-sq. ft. of residential floor area.
STAFF RESPONSE: The commercial floor area requirement has been incorporated on Pages 8
and 9 of the PUD Guide.
b. Amendments to Village (at Avon) PUD Guide, Appendix F, Illustrations 7 and 8, to revise the Urban
Local Road, Main Street (eastern segment) to be commensurate with Town of Avon Road
Standards and depict a 78’ minimum right-of-way incorporating 6’ wide minimum sidewalks on
each side of the road, 4’ bicycle lanes, 6’ landscape buffers, and potential for on-street parking
and/or vehicle turn lanes and 12’ bus pull offs for residential development that exceeds 18 units per
acre.
STAFF RESPONSE: The Street Standards for Main Street’s eastern segment are updated to
illustrate a 78’ alternative with on-street parking/bus stops, bicycle lanes, landscape buffers, and
sidewalks.
c. Applicant shall prepare for Town review a complete updated The Village (at Avon) PUD Guide to
replace and supersede the existing The Village (at Avon) PUD Guide.
STAFF RESPONSE: Incorporated and attached as Exhibit B to this staff report.
3) A transportation plan with a little more detail on planning for transportation stops and how it would
integrate into the transportation plan.
STAFF RESPONSE: Conceptual bus stop locations are incorporated in the Village at Avon PUD Guide
for areas abutting the north and south property lines for Planning Area F. No bus stop(s) is feasible
or anticipated on Post Boulevard.
July 17, 2018 PZC Meeting – Village at Avon Final PUD /Major Amendment 3
Planning Area F and Surrounding Planning Areas
Process
Major PUD Amendment
Since the Application does not meet any of the qualifying administrative amendments outlined in the
Village at Avon PUD Guide, this application is being processed as a “Formal Amendment” accordingly
under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(v), states that a PUD amendment
that is not classified as an administrative or minor amendment shall be considered “major”. Subsection
(2)(iv) sets forth the review procedures for process which includes preliminary and final PUD applications.
Before PZC is the Final PUD application. The PZC shall review a final PUD application and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town Council shall review
and render a final decision on a Final PUD application after conducting another public hearing.
Public Notification
In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all
property owners within 300’ of the property. This report certifies that mailed notices were sent on June
29, 2018. Additionally, notice was published in the Vail Daily. Written public comment is attached to this
report as Attachment D.
July 17, 2018 PZC Meeting – Village at Avon Final PUD /Major Amendment 4
Public Hearings
The July 17, 2018 meeting completes the public hearing requirements with the PZC. As noted, the Council
will make the final decision on this preliminary PUD after holding an additional public hearing. The mailed
notification outlines the following anticipated meeting schedule:
• July 17, 2018 Planning and Zoning Commission
• August 14, 2018 Town Council (First reading of Ordinance)
• September 11, 2018 Town Council (Second reading of Ordinance)
PUD Review Criteria
Pursuant to Avon Development Code §7.16.060(e)(4), Review Criteria, PZC shall consider the following
criteria when forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates
creative site design such that it achieves the purposes of this Development Code and represents an
improvement in quality over what could have been accomplished through strict application of the
otherwise applicable district or development standards. Such improvements in quality may include, but
are not limited to: improvements in open space provision and access; environmental protection;
tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or
increased choice of living and housing environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development
Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject property
while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife,
and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other
properties in the vicinity of the subject tract.
STAFF RESPONSE: Staff finds no detrimental effects on the public health, safety and/or general
welfare with changing density, commercial mix, or building height, on one portion of the development.
Additionally, the Application should not result in significant adverse impacts upon the environment.
The increase in scale (height) is generally compatible with other existing and future potential uses in
the vicinity. This compatibility is also a consequence of the natural and manmade buffers, existing
regional commercial uses in the vicinity, as well as a high level of development potential on areas of
Planning Area C to the west. The additional setbacks from “Main Street” and Post Boulevard for
buildings that could exceed 48’ help maintain appropriate buffers.
July 17, 2018 PZC Meeting – Village at Avon Final PUD /Major Amendment 5
During the Preliminary PUD application review, the Avon Town Council requested additional traffic
information to understand impacts with change in use from mixed use to majority residential. A trip
generation report was produced to asses traffic volumes with current and proposed mix of uses. The
report (Attachment C), while cursory in nature, demonstrates less traffic with the potential change in
development pattern for the Planning Area. A detailed study would be required by the Town Engineer
at the time of development.
Options for PZC Action
The Planning and Zoning Commission has the following options for action: 1) continuance, if additional
information is necessary; 2) recommend approval as submitted; 3) recommend approval with conditions;
4) recommend denial.
Recommended Motion and Findings
“I hereby recommend that the Avon Town Council Approve the Final PUD Amendment, File #PUD 18004,
together with the following findings:
1. The Application is in conformance with the Preliminary PUD conditions of approval.
2. Sufficient information is provided to determine that the development application complies with the
relevant review criteria.
3. The Application demonstrates compliance with the goals and policies of the Avon Comprehensive
Plan.
4. The Application is in conformance with Avon Development Code Section 7.16.060(e)(4), Review
Criteria, as outlined in the applicant’s written response to the review criteria.
5. Compared to the underlying development standards for Planning Area F, the Application is not likely
to result in significant adverse impacts upon other property in the vicinity.
6. Future uses on Planning Area F will be compatible in scale with potential future uses on other
properties in the vicinity.”
Attachments
A: Cover Letter and Narrative from Mauriello Planning Group – dated June 6, 2018
B: The Village at Avon Second Amended and Restated PUD Guide
C: Trip Generation Scenario – dated May 8, 2018
D: Public Comments
1
June 6, 2018
Matt Pielsticker, AICP
Planning Director
Town of Avon
1 Lake Street
Avon, CO 81620
Re: Final PUD Amendment - Village at Avon Planning Area F Amendment
Dear Matt:
This letter is intended to supplement the application for Final PUD amendment to Planning Area F, in The
Village (at Avon). Town Council approved the preliminary PUD amendment on May 8, 2018. The proposed
final amendment is consistent with the approval and all of the conditions imposed by the approval.
The submittal includes the following materials:
• Application form
• Agreement to pay application and processing fees
• Disclosure of ownership
• Authorized representative form
• Certified property owners list
• Addressed and stamped envelopes for public notice mailing
• Notice of Public Hearing
• Letter from the applicant summarizing the proposal
• Document addressing review criteria
• Traffic analysis for changes to Planning Area F
• Revised PUD Guide containing the proposed amendments to the PUD (“Revised PUD Guide”)
Below is a summary of the proposed changes:
Building Height. Consistent with the Town Council’s approval with the Preliminary PUD
amendment, the applicant is proposing an increase in maximum building height from 48’ to 58’ for residential
and vertically-integrate mixed use projects. The number of stories for these buildings is also being limited to
four stories above finished grade where a story is defined as the space in a building between two adjacent
floor levels or between a floor and the roof. Please see the Revised PUD Guide for those changes. Two
additional mitigating measures are also proposed:
• New Setback: For any structure taller than 48’, a proposed building setback of 40’ from Post
Boulevard and a building setback of 100’ from the future “Main Street.” The current setback is 25’.
ATTACHMENT A
2
This was to address the issue of buildings taller than 48’ crowding the street. The intent is also to
create a transition of building height from the south end of Planning Area F to the north end.
• New Building Coverage Standard: A new standard changing the building coverage/building
footprint standard from 80% of the site to 50% of the site. The provision addressed the site being
overcrowded with buildings and applies to all buildings on the property regardless of height.
Density in Planning Area F: Consistent with the Town Council’s approval with the Preliminary
PUD amendment, the applicant is proposing an increase in residential density from 18 units per acre to 22
units per acre. The change represents a shift in density within the PUD as there is no proposed increase to
the approved overall density within the PUD which is capped at 2,400 total dwelling units.
Commercial/Residential Allocation in Planning Area F: Planning Area F is currently
restricted to a maximum of 50% of the floor area developed as residential. The commercial floor area allowed
can be 100% of the floor area. The proposed amendment seeks to reverse that, allowing 100% of the floor
area to be residential and allowing up to 30% of the floor area developed as commercial, but not required.
There is a requirement that for each 150,000 sq. ft. of residential floor area, there shall be provided at least
1,000 sq. ft. of commercial floor area within Planning Area F.
The proposed language includes this trigger for minimum commercial floor area. However, the
applicant would prefer to eliminate the trigger for minimum commercial floor area requirement.
Typical Right-of-Way Sections and Transit Stop Locations in Planning Area F:
The applicant has provided new and revised right-of-way sections that may apply to the redevelopment of
“Main Street” within the PUD. There are three sections provided that reflect different development
scenarios (presence of onsite parking, presence of a bus stop, presence of a center turn lane, etc.). Also
included is a map showing the potential locations of transit stops adjacent to Planning Area F.
We look forward to working with you through the hearing process with these proposed final amendments.
Please feel free to contact me if you have any questions.
Sincerely,
Dominic F. Mauriello, AICP
Principal
PO Box 4777
Eagle, Colorado 81631
970.376.3318
www.mpgvail.com
ATTACHMENT A
1
The Village (at Avon) Final PUD Amendment
Planning Area F
Narrative and Review Criteria
June 6, 2018
Narrative:
This analysis and narrative is being provided intended to supplement the application materials for the Final
PUD Amendment for The Village (at Avon) PUD, Planning Area F. The Preliminary PUD amendment was
approved with conditions on May 8, 2018. This application is consistent with the preliminary approval and
addresses all of the conditions imposed by the Town Council.
As you are probably well aware, this PUD has been in place for 20 years, and amended in November of 2012
as part of a settlement agreement between the applicant, the Town of Avon and a total of more than 15
parties, that was implemented on August 1, 2014. The amendm ents proposed are not a drastic departure
from the overall intent and density allowed in the PUD. These refinements are intended to react to market
conditions and the changes nationally in the retailing sector. Locally, we all know that there is a lack of
residential inventory, especially on the valley floor and in multiple-family formats and at multiple price points.
This has created enormous demand for residential units. Planning Area F, given its context and proposed
density, will attract a more urban product that will in large measure address housing for locals in the area.
The proposed changes do not affect the total density of the PUD nor the total commercial floor area. The
amendment just allows the density and commercial floor area to be shifted on the valley floor. The valley
floor will still be anchored on the east end with the existing retail buildings and in the future by Planning Area
A and the existing Chapel Square and “West Avon” commercial core. As a higher density residential
development area, Planning Area F will help bring life through new patrons and customers to help all of
Avon improve economically. You don’t have to spend much time in Avon to see that local retailers are
struggling to survive with the lack of residential density in the Town. This amendment could help add over
600 beds to the core region of the Town, improving local revenues and Town coffers.
Review Criteria:
Below the applicant has addressed the PUD amendment review criteria as a supplement to the materials
previously provided. You will note that the criteria is written as if one is proposing a new PUD and asking
for a rezoning. In this case, the proposed amendments have little impact on the overall PUD as the density
and intent of the development, overall, is not being amended. The proposed changes are minor in the overall
scope of the PUD. Additionally, the PUD was found to be consistent with the Avon Comprehensive Plan.
As has been previously agreed to by the Town and as adopted in the settlement agreement, the regulating
Comprehensive Plan is the plan adopted in 1996 which calls for this area to be an urban center.
1. The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such
that it achieves the purposes of the Development Code and represents an improvement in quality over what could have been
accomplished through strict application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access; environmental protection;
tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and
housing environments.
ATTACHMENT A
2
Applicant Response:
The proposed amendments do not significantly change the PUD’s conformance with this criterion as the
overall quality of the PUD is unchanged.
Broadly, the PUD provides for a large-scale, master-planned mixed-use development. The uses, dimensional
limitations and development standards, among other matters, set forth in the PUD will provide for flexibility
in the development of The Village (at Avon) and will encourage innovative and coordinated development and
design, consistent with Section 7.16.060 of the Development Code. The PUD provides for a mix of
integrated uses and public facilities and amenities, including natural open space, community and pocket parks,
trail and pedestrian connectivity, a diverse housing mix and retail and commercial services for The Village (at
Avon) and the Town as a whole. The Declaration of Master Design Review Cov enants for The Village (at
Avon) and The Village (at Avon) Design Review Guidelines provide for high quality design with respect to
the built environment and preservation of open space and existing vegetation.
The PUD Amendment does not increase the overall permitted density within the Village, rather there is a
reallocation to allow for more dwelling units within Planning Area F to respond to the current market
conditions. This amendment addresses a unique situation in that it allows for more residential product
responsive to the market. The PUD Amendment results in more efficient use of existing streets, roads and
other utilities and services, as well as increased choice of living and housing environments. This PUD
amendment will allow for a residential product that will generate additional tax revenues including property
tax revenues to the Town of Avon (as well as to the Village metropolitan district), real estate transfer fees,
building permit fees and other revenues to the Town and metropolitan district. In addition, all of the added
benefits to Avon that accompany residential communities would apply, including more patrons frequenting
all of Avon’s restaurants and other retail establishments including shopping at from local shops to City
Market and Wal-Mart, as well as benefiting local employers with the potential of additional employees in close
proximity to employment centers.
The proposed application complies with this criterion.
2. The PUD rezoning will promote the public health, safety and general welfare.
Applicant Response:
The proposed amendments do not significantly change the PUD’s conformance with this criterion as the
overall impacts of the PUD are unchanged.
The existing PUD was found to promote the public health, safety, and general welfare of the community and
the amendments proposed do not change this overall condition. The amendments do promote this criterion
by increasing the choice of living and housing environments and opportunities within the Town without new
impacts being generated since the overall density and intensity of development within the PUD is unchanged.
Overall, traffic impacts associated with Planning Area F are decreased with the proposed amendments.
The proposed application complies with this criterion.
3. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of the Development Code and the eligibility
criteria outlined in Section 7.16.060(b) of the Development Code.
ATTACHMENT A
3
Applicant Response:
The proposed amendments do not significantly change the PUD’s conformance with this criterion as the
PUD as a whole was found to meet the eligibility criteria and found to be consistent with the Avon
Comprehensive Plan. In this case the operative comprehensive plan is the plan adopted in 1996.
The proposed amendments allow the PUD to maintain its compliance with the Avon Comprehensive Plan
because the amendments promote urban center design goals of shifting density to developed areas adjacent to
commercial services.
The eligibility criteria are not applicable to this PUD amendment. The proposed amendments will produce
public benefits by allowing residential density to be shifted to Planning Area F and reducing the amount of
commercial development planned 20 years ago on this parcel due to changes in the retail market and the
internet market place. The amendments will modify the restrictions on this property allowing it to be
developed for higher density residential uses thus potentially producing new and better housing opportunities
for local employees.
The proposed application complies with this criterion.
4. Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste
disposal) will be available to serve the subject property while maintaining adequate levels of service to existing development.
Applicant Response:
The proposed amendments do not significantly change the PUD’s conformance with this criterion as the
PUD as a whole was found to address all of the issues raised by this criterion. Since the proposed
amendments do not increase the overall density and intensity of development within the PUD, there are no
greater impacts to the facilities and services raised here. Additionally, we have provided a traffic analysis
focused on Planning Area F which shows that traffic will decrease with the proposed amendments.
The proposed application complies with this criterion.
5. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural
environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially
mitigated.
Applicant Response:
The proposed amendments do not significantly change the PUD’s conform ance with this criterion as the
PUD as a whole was found to address or mitigate all of the issues raised by this criterion. Since the proposed
amendments do not increase the overall density and intensity of development within the PUD, there are no
greater impacts to the issues raised here.
The proposed application complies with this criterion.
6. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other
property in the vicinity of the subject tract.
Applicant Response:
The proposed amendments do not significantly change the PUD’s conformance with this criterion as the
PUD as a whole was found to address or mitigate impacts to property in the vicinity of the existing PUD.
The change in building height is not a change producing any type of “significant adverse impact” upon
neighboring properties. Planning Area F is at a great distance to any adjoining property that might be
ATTACHMENT A
4
affected by the additional 10’ of building height. The additional height is mitigated by this great distance, as
well as the back drop of the hillside and I-70. Additionally, the introduction of a 50% site coverage limitation
and the proposed 100’ building setback from the south end of Planning Area F also helps to reduce the
potential bulk and mass of future development in the planning area.
The proposed application complies with this criterion.
7. Future uses on the subject tract will be compatible in scale with uses or potential future uses on the other properties in the
vicinity of the subject tract.
Applicant Response:
The proposed amendments do not significantly change the PUD’s conformance with this criterion as the
PUD as a whole was found to address compatibility in scale with uses on other properties within the vicinity.
The change in building height still allows the PUD to remain compatible in scale with uses in the vicinity.
Additionally, the introduction of a 50% site coverage limitation versus 80% also helps to reduce the potential
bulk and mass of future development in the planning area and allowing it to be compatible with uses within
the vicinity.
The proposed application complies with this criterion.
PO Box 4777
Eagle, Colorado 81631
970.376.3318
www.mpgvail.com
ATTACHMENT A
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/141650530.5
The Village
(at Avon)
Second Amended and Restated
PUD Guide
November 7, 2012
______________, 2018
Pursuant to Section 7.16.140(d) of the Development Code:
Approval of this plan constitutes a vested property right pursuant to Article
68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16 of the Avon
Municipal Code as amended.
ATTACHMENT B
TABLE OF CONTENTS
Page
-i-
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/141650530.5
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 ..................................................................... 6
6. Conflict .............................................................................................................. 6
B. TOTAL PERMITTED DENSITY .................................................................................. 6
C. GENERAL LAND USE DESIGNATIONS ............................................................. 1011
1. Designations ................................................................................................. 1011
2. Permitted Uses ................................................................................................. 11
D. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD ......... 11
1. General ............................................................................................................. 11
2. Planning Area A - Village Center Mixed Use Project ....................................... 12
3. Planning Area B - Community Facilities........................................................... 16
4. Planning Areas C and D - Village Residential Mixed Use Projects ............... 1718
5. Planning Area E - School.............................................................................. 2021
6. Planning Areas F, G, H and I – Regional Commercial Mixed Use Projects ....... 22
7. Planning Area J – Regional/Neighborhood Commercial and Residential
Mixed Use Projects....................................................................................... 2627
8. Planning Area K - Hillside Residential ......................................................... 2930
9. Planning Areas RMF 1 and RMF 2 - Residential Multi-Family ..................... 3133
10. Planning Areas P1-P3: Parkland .................................................................. 3335
11. Planning Areas OS1 – 0S7: Natural Open Space .......................................... 3537
12. Planning Areas PF-1 – PF-3: Public Facility ............................................... 3639
E. SPECIAL REVIEW USE ......................................................................................... 3840
1. Special Review Use Permit ........................................................................... 3840
2. Application Filing and Processing ................................................................ 3840
3. Submittal Requirements for Special Review Use .......................................... 3941
ATTACHMENT B
TABLE OF CONTENTS
(continued)
Page
-ii-
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/141650530.5
4. Criteria for Review, Recommendation, and Approval of Special Review
Uses ............................................................................................................. 4042
5. Amendments to Special Review Use Permit ................................................. 4042
F. TEMPORARY USES AND STRUCTURES ........................................................... 4043
G. SUBDIVISION ........................................................................................................ 4143
1. General; Applicability .................................................................................. 4143
5. Material Modification to Certain Street Connections .................................... 4345
H. DEVELOPMENT PLAN AMENDMENT PROCEDURES ..................................... 4446
1. General ......................................................................................................... 4446
2. Formal Amendments .................................................................................... 4446
3. Administrative Amendments ........................................................................ 4547
4. Modifications Not Requiring Amendment .................................................... 4749
I. SUPPLEMENTAL REGULATIONS ....................................................................... 4850
1. Interim Uses ................................................................................................. 4850
2. Solid Fuel Burning Devices .......................................................................... 4951
3. Signs ............................................................................................................ 4951
4. Parking Requirements................................................................................... 4951
5. Surface Parking Landscaping Requirements ................................................. 4951
6. Drainage Requirements ................................................................................ 4951
7. Sidewalk and Trail Standards ....................................................................... 5052
8. Alternative Equivalent Compliance and Variances........................................ 5052
9. Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge
Requirements ............................................................................................... 5052
10. Wildlife Mitigation Plan ............................................................................... 5254
11. Design Review Guidelines ............................................................................ 5254
12. Natural Resource Protection ......................................................................... 5255
13. Residential Fire Suppression Systems ........................................................... 5355
14. Park, Recreation and Trail Access ................................................................ 5355
15. Affordable Housing Plan .............................................................................. 5355
16. Provision of Certain Amenities ..................................................................... 5658
ATTACHMENT B
TABLE OF CONTENTS
(continued)
Page
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1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/141650530.5
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 Definitions...................................................................................................... H-1
EXHIBIT I Section 7.16.070 of Development Code ........................................................... I-1
ATTACHMENT B
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/141650530.5
The Village
(at Avon)
Second Amended and Restated
PUD Guide
November 7, 2012
______________, 2018
A. PURPOSE/GENERAL PROVISIONS.
1. Defined Terms. Capitalized words and phrases used in this PUD Guide have the
meanings set forth in Exhibit H of this PUD Guide. Words and phrases which are not defined in
Exhibit H of this PUD Guide but are defined in the Development Code shall have the meaning as
defined in the Development Code. Where any word or phrase defined in Exhibit H of this PUD
Guide is the same or substantially similar to a word or phrase defined or used in the Development
Code, the word or phrase defined in Exhibit H of this PUD Guide shall be the sole and exclusive
definition of such word or phrase. Any word or phrase which is not defined in Exhibit H of this
PUD Guide and not defined in the Development Code, but is defined elsewhere in the Municipal
Code, shall not be presumed to have the specific meaning given such word or phrase in the
Municipal Code unless expressly stated herein. Notwithstanding any provision of this Section
A.1, if, subsequent to the Effective Date, the Town amends from time to time any definitions set
forth in the Development Code, the Master Developer, in its sole discretion, may consider
amendment of this PUD Guide to incorporate such amended definitions herein, which
amendment(s), if any, shall be processed in accordance with the administrative amendment
procedure set forth in Section H.3.
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. This PUD Guide (including each
Exhibit attached hereto) shall control the zoning, Uses, Development Standards, development
application review procedures for the Property to the extent set forth in this PUD Guide, pursuant
to Section 7.16.060 Planned Unit Development (PUD) of the Development Code, adopted pursuant
to C.R.S. §24-67-104 and pursuant to the Avon’s Home Rule Authority, which implements the
Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S.
ATTACHMENT B
2
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
(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.
(b) (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.
(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.
(c) (d) The purpose of this PUD Guide is to amend and restateIn 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 the Amended and Restated PUD
Guide amended and replaced the Original PUD Guide 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, and
established and implemented specific terms and conditions of the Settlement Term Sheet, binding
on all parties to the Settlement Term Sheet.
(d) The purpose of this PUD Guide is to amend and restate in its entirety the
Amended and Restated PUD Guide to implement certain modifications thereto concerning, among
other matters, Planning Area F. Accordingly, this PUD Guide expressly replaces and supersedes
the OriginalAmended and Restated PUD Guide and the Prior Amendments and any additional or
conflicting provisions of the Municipal Code with respect to the subject matter contained herein.
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3. Vested Property Rights. The Development Plan and any subsequently approved
Preliminary Plans and Final Plats, together with any amendments to any of the foregoing,
constitutes an approved “site-specific development plan” as defined in the Vested Property Rights
Statute and pertinent provisions of the Municipal Code. Without limiting the generality of the
foregoing, the Landowners of the Property shall have Vested Property Rights to undertake and
complete development and use of the Property as provided in the Development Plan, and as set
forth in Section 2.4 of the Development Agreement. The Vested Property Rights so established
shall be and remain vested for the “Vesting Term” (as defined in the Development Agreement).
Pursuant to the Municipal Code, as in effect on the execution date of the Settlement Term Sheet:
Approval of the Development Plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended, and Title 7, Chapter 16,
of the Avon Municipal Code as amended.
Upon and after expiration of the “Vesting Term” (as defined in the Development Agreement), this
PUD guideGuide and any amendments thereto shall continue to be the zoning for the Property,
provided that the Town shall have the authority, if any, to amend this PUD guideGuide without
the consent of the Master Developer or any other owner of the Property, or any portion thereof, in
accordance with applicable law.
4. General Provisions.
(a) Control Over Use, Location and Bulk. The Development Plan shall control
the Use, location and bulk of Buildings and Structures 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) For any new Building or Structure, and any parcel of land or Site;
and
(ii) For any changes or extensions of Use of any existing Building,
Structure, parcel of land or Site; and
(iii) The Design Review Board shall, in conformance with the
Development Plan, establish the final location, Use 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.
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(c) Comprehensive Plan. The Comprehensive Plan applies to the Village at
(Avon), and no amendments to the Comprehensive Plan approved by the Town subsequent to the
Effective Date shall apply to The Village (at Avon).
(d) Design Covenant. The Property is encumbered by and subject to the Design
Covenant, which governs matters related to Uses and development of all or any portion of the
Property. Where any conflict between the Design Covenant and the Development Plan may occur,
the more restrictive provision shall govern.
(e) Design Review Board. As contemplated by the Design Covenant, the
Design Review Board has been organized to administer and enforce the Design Covenant and
Design Review Guidelines. In accordance with the Design Covenant, the Design Review Board
shall have authority to review and is the sole and exclusive authority to approve the architectural
design, landscape design, urban design and site design within the Property, subject to the Town
Council’s right of enforcement the Design Review Guidelines as set forth in Section I.11(c). The
Design Review Board shall (i) refer to the Planning and Zoning Commission, for comment only
and not for approval, ratification or disapproval, all development proposals submitted to the Design
Review Board for portions of the Property located south of Interstate 70 and all portions of the
Property located north of Interstate 70 other than Planning Areas K and RMF-1 (with respect to
which the Design Review Board shall have no obligation to refer development proposals to the
Planning and Zoning Commission); and (ii) give prior written notice to the Director, or his
designee, of each meeting of the Design Review Board at which the Design Review Board shall
initially consider any submitted development proposal(s), which notice shall include the date, time,
location and general subject matter of the meeting. At Master Developer’s option, one or more
separate design review board may be established with respect to such Planning Areas RMF-1 and
K. Such design review board(s) shall not be required to include any Town appointed representative
as a member. The Town’s approval of any building permit within the Property is conditioned upon
the Town’s prior receipt of a certificate of approval executed by the President of the Design Review
Board.
(f) Design Review Guidelines. Pursuant to the Design Covenant, the 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.
(g) Planning Areas and Boundaries, Road Alignments, Lot Lines.
(i) 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. Notwithstanding any contrary
provision of this PUD Guide, until such time as made permanent or temporary in
connection with an approved and executed Public Improvements Agreement, the
conceptual alignments are non-binding and provided only for illustrative purposes to show
one of various potential alignments and vehicular ingress and egress between Planning
Areas. 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
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Section G of this PUD Guide. The 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, and the
Applicant shall not be required to extend or continue such street beyond the Property Line
of the Site that is the subject of the applicable Application provided that such street
terminates in a turn-around, cul-de-sac or like termination (temporary or permanent, as
applicable) to permit emergency vehicle turn-around in accordance with the requirements
of the Development Code. Notwithstanding the foregoing, if such street is depicted on the
PUD Master Plan to 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 which is sufficient to demonstrate that the alignment and
grade of the construction of a portion of the street shall be adequately designed to allow
extension and continuation of the subject street in compliance with applicable road, utility
and drainage standards.
(ii) 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.
(h) 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(h)(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.
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(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 the supplemental design and improvement
standards set forth in Section I.9 prior to issuing a building permit for construction of a
Building designated for Hotel, Motel and Lodging Uses within Planning Area J.
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 Agreement shall not
preclude the application on a uniform, non-discriminatory and consistent basis of Town regulations
of general applicability (including, but not limited to, building, fire, plumbing, electrical and
mechanical codes, the Municipal Code, and other Town rules and regulations), or the application
of state or federal regulations, as all of such regulations existed on the Original Effective Date or
may be enacted or amended after the Original Effective Date; provided, however that such newly
enacted or amended Town regulations shall not directly or indirectly have the effect of materially
and 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 or any approved 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. As set forth in Sections F through I 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 sections. 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 materially and 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 or any approved 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 materially altering, impairing, preventing, diminishing, imposing a
moratorium on development, delaying, or otherwise materially 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
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either the Development Plan or the Municipal Code shall prevail in any instance where there is a
conflict.
B. TOTAL PERMITTED DENSITY. The total permitted density for The Village (at Avon)
PUD shall not exceed:
1. Planning Areas A, C, D, E, F, G, H, J, K, RMF 1 and RMF 2 shall not exceed:
(a) Commercial Uses.
825,000 consolidated Gross Square Footage of Commercial Space.
(b) Dwelling Units.
2,400 Dwelling Units. Pursuant to the terms of the Affordable Housing
Plan, 500 of the 2,400 Dwelling Units shall be constructed as affordable
housing, and, subject to satisfaction of the conditions precedent set forth in
the Affordable Housing Plan, an additional 23 of the 2,400 Dwelling Units
shall be constructed as affordable housing.
2. The permitted Commercial Use and Dwelling Unit densities within Planning Area
I shall be determined in the future pursuant to the formal amendment procedures set forth in
Section H of this PUD Guide; provided, however, the permitted Commercial Space for Planning
Area I shall not be less than 196,970 consolidated Gross Square Footage (which shall be in addition
to the 825,000 square feet of consolidated Gross Square Footage stated in Section B.1(a)), and the
permitted Dwelling Units shall not be less than 750 Dwelling Units. The Town acknowledges that
Planning Area I is entitled to be developed as mixed-use development, and Uses may include
Residential Uses, Commercial Uses, and public and institutional uses at densities in addition to
those set forth above as approved by the Town. Until such time as a secondary access road is
constructed, no non-Residential Uses shall be allowed and the maximum density of Dwelling Units
shall not exceed 280 Dwelling Units.
3. Density calculations, as applicable, for development of Dwelling Units within all
Planning Areas where Residential Uses are permitted shall be based on the gross acreage within
the applicable Planning Area as reflected in the land use table contained in the PUD Master Plan.
Density calculations shall be on a Planning Area by Planning Area basis rather than on a Final Plat
by Final Plat basis or on a Site by Site basis.
4. Subject to the requirement that the maximum number of Dwelling Units within any
particular Planning Area, as applicable, shall not exceed that permitted under the terms and
conditions of this PUD Guide, as applicable, the actual number of Dwelling Units per acre within
a particular Final Plat or Site within the affected Planning Area may exceed the maximum number
of Dwelling Units per acre based on the acreage within such Final Plat or Site. By way of example,
in a Planning Area containing 20 acres and subject to a maximum residential density of 18
Dwelling Unit per acre (i.e., a total of 360 Dwelling Units), a 10 acre Site within that Planning
Area would be permitted to be developed with 300 Dwelling Units (i.e., 30 Dwelling Units per
acre) but the remaining 10 acres could be developed with no more than 60 Dwelling Units, with
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the resulting density within such Planning Area in the aggregate being 18 Dwelling Units per acre
(i.e., (300 + 60 = 360 Dwelling Units) / 20 acres = 18 Dwelling Units per acre).
5. Density calculations for development of Residential Uses within Planning Areas A
through I, RMF 1 and RMF 2 shall exclude areas with slopes exceeding 40%. Notwithstanding
the foregoing, areas with slopes exceeding 40% created by the placement of dirt stockpiles shall
not be excluded for density calculations for development of Residential Uses within Planning
Areas A through I, RMF 1 and RMF 2.
6. At final build-out of the particular Planning Area, the following minimum and
maximum ratios of consolidated Gross Square Footage of Commercial Space and consolidated
Gross Square Footage of Residential Uses, stated as a percentage of the aggregate Gross Square
Footage the Planning Area [e.g., Gross Square Footage of Commercial Space ÷ (Gross Square
Footage of Commercial Space + consolidated Gross Square Footage of Residential Uses) =
percentage of Gross Square Footage of Commercial Space], shall apply within the following
Planning Areas:
Planning Area Residential Commercial
Min% Max% Min% Max%
Planning Area A 30% 80% 20% 70%
Planning Areas C and D 90% 100% 0% 10%
Planning Area F
70% 100%
*see
below
0%
*see
below
30%
Planning Areas F, G and H 0% 50% 50% 100%
7.
*Notwithstanding the first sentence of this Section B.6, the minimum ratio of consolidated Gross
Square Footage of Commercial Space applicable within Planning Area F shall be calculated as
follows: Gross Square Footage of Commercial Space totaling 1,000 shall be required for every
Gross Square Footage of Residential Uses totaling 150,000; provided however, for Residential
Uses comprising a Building that includes more than one Dwelling Unit, the following shall be
excluded from the calculation of Gross Square Footage: all areas located outside of the Dwelling
Units, including without limitation, common hallways and stairs, parking areas, balconies, storage
areas, mechanical rooms and elevators. No Gross Square Footage of Commercial Space shall be
required for less than Gross Square Footage of Residential Uses totaling 150,000 (as qualified by
the foregoing sentence). Further, in example, (a) Gross Square Footage of Residential Uses
totaling 299,999 (as qualified by this paragraph) shall require Gross Square Footage of
Commercial Uses totaling 1,000; and (b) Gross Square Footage of Residential Uses totaling
300,000 (as qualified by this paragraph) shall require Gross Square Footage of Commercial Uses
totaling 2,000. For purposes of this paragraph, the amount of required Gross Square Footage of
Commercial Space shall have been issued certificate(s) of occupancy as a condition precedent to
the issuance of certificate(s) of occupancy for applicable required Gross Square Footage of
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Residential Uses (as qualified by this paragraph) (e.g., before a certificate of occupancy is issued
for the 150,000th Gross Square Footage of Residential Uses (as qualified by this paragraph), a
certificate of occupancy shall have been issued for the 1,000th Gross Square Footage of
Commercial Space).
8. Although classified as a Commercial Use, Accommodations Units (including those
within Bed and Breakfasts, Extended Stay Hotels, Hotel, Motel and Lodge, Temporally Divided
Dwelling Units, Vacation Homes and similar Commercial Uses) are considered Dwelling Units
for purposes of Dwelling Unit calculation and tracking and are considered Residential Uses for
purposes of Section B.6.
9. In calculating the number of Dwelling Units within The Village (at Avon):
(a) Each Single-family Dwelling shall be counted as one (1) Dwelling Unit.
(b) Each Duplex Dwelling shall be counted as two (2) Dwelling Units.
(c) Each Dwelling Unit in a Multi-family Dwelling shall be counted as one (1)
Dwelling Unit.
(d) Each Primary/Secondary Structure or Structures situated on the same Lot
shall be counted as two (2) Dwelling Units.
(e) Each guest bedroom within a Bed and Breakfast shall be counted one-third
(1/3) of a Dwelling Unit.
(f) Each Temporally Divided Dwelling shall be counted as one (1) Dwelling
Unit.
(g) Vacation Club shall be counted as one (1) Dwelling Unit.
(h) Group Home shall be counted as one (1) Dwelling Unit.
(i) Accommodation Units in a particular Hotel, Motel and Lodge Use shall be
counted as the greater of (X) one-third (1/3) Dwelling Unit for each Accommodation Unit within
such Use (any resulting fractional number of Dwelling Units shall be rounded up or rounded down,
as applicable, to the next whole number); or (Y) in accordance with the following calculation:
(i) The aggregate Gross Square Footage of all of the Accommodation
Units within the applicable Hotel, Motel and Lodge Use, but specifically excluding
hallways, lobby and reception areas, stairwells, elevator areas, landings and entranceways,
mechanical areas, public restrooms, permanently designated corridors, public lobbies,
common mall areas and all other areas exterior to the individual lodging rooms (the
“Lodging Square Footage”), shall be measured and calculated.
(ii) The Lodging Square Footage shall be divided by 1,800 square feet,
and the result of such calculation shall be the number of Dwelling Units attributable to such
Hotel, Motel and Lodge Use. Any resulting fractional number of Dwelling Units shall be
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rounded up or rounded down, as applicable, to the next whole number. [In example, the
Lodging Square Footage of a Hotel, Motel and Lodge Use having 50 Accommodation
Units each measuring 650 square feet of Gross Square Footage and 50 Accommodation
Units each measuring 850 square feet of Gross Square Footage is 75,000 square feet of
Gross Square Footage ((50 X 650) + (50 X 850) = 75,000). Such Hotel, Motel and Lodge
Use shall be counted as 42 Dwelling Units (75,000 / 1,800 = 41.67 (rounded to 42)).]
10. The President of the Design Review Board shall submit a Dwelling Unit and
Commercial Space report to the Town along with its certificate of Design Review Board approval
for each development proposal approved by the Design Review Board. This report shall be a
detailed statement by Planning Area of the number of Dwelling Units and amount of Gross Square
Footage of Commercial Space within The Village (at Avon) to ensure that the total permitted
density for The Village (at Avon) PUD is not exceeded.
11. Commercial Space is any Building which is intended to be used, rented or leased
for a Commercial Use, except as expressly excepted in Sections B.10(a) and B.10(b) below.
(a) The following Uses shall not be considered Commercial Space:
(i) Lodging Uses, including without limitation, Bed and Breakfast,
Hotel, Motel and Lodge, Accommodation Units, Extended Stay Hotel, Temporally Divided
Dwelling and Vacation Club;
(ii) Residential Uses;
(iii) Group Home;
(iv) Short term rentals;
(v) Employee housing; and
(vi) Uses which the Director determines to be similar.
(b) For purposes of calculating the total amount (in square feet) of Commercial
Space permitted pursuant to this PUD Guide, Commercial Space shall be Gross Square Footage
that is available for leasing to a tenant, with the following additional qualifications:
(i) The following types of facilities operated for public activities shall
not constitute Commercial Space: (1) schools, and (2) except to the extent such facilities
exceed an aggregate of 200,000 consolidated Gross Square Footage, unless the Town has
consented to construction of such excess Gross Square Footage, Religious Facilities,
skating arenas, cultural and community centers and facilities, and recreational centers and
facilities.
(ii) In office Buildings, retail Buildings, Hospital Buildings, 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,
hallways, lobby and reception areas, stairwells, elevator areas, landings and entranceways,
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mechanical areas, public restrooms, permanently designated corridors, public lobbies, and
common mall areas shall not constitute Commercial Space for purposes of calculating the
total amount (in square feet) of Commercial Space permitted pursuant to this PUD Guide
unless actually leased to an individual tenant.
(iii) In Lodging Uses, hallways, lobby and reception areas, stairwells,
elevator areas, public restrooms, permanently designated corridors, landings,
entranceways, meeting and banquet rooms and facilities, sundries shops, breakfast shops
and other shops intended to cater primarily to Lodging Uses guests shall not constitute
Commercial Space for purposes of calculating the total amount (in square feet) of
Commercial Space permitted pursuant to this PUD Guide, but retail areas intended to cater
primarily to non-Lodging Use guests and full-service Restaurants shall constitute
Commercial Space for such purposes.
(iv) In any Building, parking areas and Parking Structures shall not
constitute Commercial Space for purposes of calculating the total amount (in square feet)
of Commercial Space permitted pursuant to this PUD Guide.
C. 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
(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
D (Development Standards), Section F (Temporary Uses and Structures) and Section I
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(Supplemental Regulations) of this PUD Guide, and certain of such Uses and Use Categories are
defined in Exhibit H of this PUD Guide.
D. 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 Prohibited 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 a Prohibited 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, then such particularly listed Uses shall be
construed as Uses by Right that are exceptions to the Use Category and the remainder of Uses with
the Use Category shall be interpreted to not be Use(s) by Right.
(c) Temporary Uses may be permitted in The Village (at Avon) in accordance
with the Development Code, even though such Uses otherwise may be within a Use Category that
is not permitted within the applicable Planning Area.
(d) Uses not identified as a Use by Right, Special Review Use, Temporary Use
or Interim Use shall be a Prohibited Use unless determined by the Director that the proposed use
is substantially similar to a Use by Right, Special Review Use, Temporary Use, or Interim Use.
The listing of Prohibited Uses for each Planning Area is not exhaustive and shall not limit the
interpretation of Uses by Right, Special Review Uses, Temporary Uses or Interim Uses stated in
the preceding sentence.
(e) In all Planning Areas, 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.
2. Planning Area A - Village Center Mixed Use Project.
(a) Uses by Right: Except as specifically identified as Special Review Uses in
Section D.2(b) below or specifically prohibited in Section D.2(c) below, the following Primary
Uses and Accessory Uses:
(i) Commercial Uses; provided, however, no single retail business shall
occupy more than 60,000 of consolidated Gross Square Footage.
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(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) Convenience Retail (without fuel).
(v) Restaurants (without drive-through window service).
(vi) Financial institutions (without drive-through window service).
(vii) Residential Uses.
(viii) Mixed Use Projects; provided, however, (a) no Uses specifically
prohibited in Section D.2(c) below shall be included in such Mixed Use Project, and (b) no
Uses specifically identified as Special Review Uses in Section D.2(b) below shall be
included except pursuant to the review and approval processes set forth in Section E below.
(ix) 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.
(x) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use..
(xi) Dry Utilities.
(xii) Infrastructure.
(xiii) Indoor recreation and/or entertainment facilities.
(xiv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xv) Parks and Open Space.
(xvi) Commercial Parking, Private Parking, Public Parking and public
and private transportation and transit facilities, including but not limited to, Parking
Structures, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts.
(xvii) Outdoor Storage of merchandise for sale and only as an Accessory
Use to a retail Use.
ATTACHMENT B
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(xviii) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(xix) Agricultural Use (as an Interim Use only).
(xx) Rodeo and ancillary carnival (as an Interim Use only).
(xxi) Recycling Facility (as an Interim Use only).
(xxii) Snow storage (as an Interim Use only).
(xxiii) Mobile Home office/storage Use and community garden (as an
Interim Use only).
(xxiv) Driving course and accessory hospitality services related to
automobile demonstrations, promotions and sales, not to exceed 10 days in the aggregate
in a calendar year (as an Interim Use), provided that such Use exceeding 10 days in the
aggregate in a calendar year shall be a Temporary Use.
(xxv) 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 E below:
(i) Single retail businesses occupying more than 60,000 of consolidated
Gross Square Footage.
(ii) Educational facilities, including but not limited to, public and
private schools, universities and colleges.
(iii) Automobile Repair Shop (Minor).
(iv) Outdoor entertainment facilities that include the use of amplified
music.
(v) Hospital
(vi) Heliport, only as an Accessory Use to a Hospital or other medical
facility, including but not limited to a clinic.
(vii) Hotel Uses (including without limitation, hotel Uses comprising a
portion of a Mixed Use Project) which exceed 80 feet in Building Height.
(viii) Car wash.
(ix) Drive-in Uses.
(x) Religious Facility.
ATTACHMENT B
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(xi) Service Station (for the sale of only electric form of fuel for
motorized vehicles).
(xii) Restaurants (with drive-through window service).
(xiii) Financial institutions (with drive-through window service).
(xiv) Recycling Facilities (except as permitted in Section D.2(a) above).
(xv) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(xvi) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(c) Prohibited Uses:
(i) Animal Boarding (outdoor).
(ii) Automobile Repair Shop (Major).
(iii) Family Child Care Home.
(iv) Group Home.
(v) Industrial Uses.
(vi) Kennels (outdoor).
(vii) Mobile Homes.
(viii) Medical Marijuana Businesses.
(ix) Nude Entertainment Establishments.
(x) Outdoor Storage (except as expressly allowed as a Use by Right in
Section D.2(a)).
(xi) Recycling Processing Facility.
(xii) Service Station (except as specifically identified as a Special
Review Use in Section D.2(b)).
(xiii) Tattoo parlor, body piercing.
(d) Building Envelope Requirements:
ATTACHMENT B
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(i) Minimum Building Setbacks:
(1) Southerly and Westerly boundaries of Planning Area A: 20
feet.
(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:
(1) Portions of Planning Area A located less than 250 feet from
the southerly boundary of Planning Area A: 55 feet.
(2) Portions of Planning Area A located 250 or more feet from
the southerly boundary of Planning Area A: 80 feet, provided that hotel Uses
(including without limitation, hotel Uses comprising a portion of a Mixed Use
Project) exceeding 80 feet shall be permitted up to a maximum Building Height of
110 feet as a Special Review Use as specifically identified in Section D.2(b).
(iii) Maximum Site Coverage:
(1) Portions of Planning Area A located less than 250 feet from
the southerly boundary of Planning Area A: 80%
(2) Portions of Planning Area A located 250 or more feet from
the southerly boundary of Planning Area A: 100%
(iv) Minimum Lot Area: Not applicable.
(e) Residential Density Maximum: 25 Dwelling Units per acre.
(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 I below.
(h) 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 D.3(b) below or specifically prohibited in Section D.3(c) below, the following Primary
Uses and Accessory Uses:
(i) Parks and Open Space.
ATTACHMENT B
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(ii) Community Facilities and related amenities, including without
limitation, accessory Commercial Uses, including food and beverage concessions, as may
be mutually approved by the Town and the Design Review Board.
(iii) Agricultural Use (as an Interim Use only).
(iv) Infrastructure.
(v) Dry Utilities.
(vi) Snow storage (as an Interim Use only).
(vii) 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 E below:
(i) Outdoor entertainment facilities that include the use of amplified
music.
(c) Prohibited 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 D.3(a) above).
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks: 20 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: 60 feet.
(iii) Maximum Site Coverage: 20%
(iv) Minimum Lot Area: Not applicable.
(e) Parking Requirements: As set forth in the Parking Regulations, and as
provided therein, parking requirements may be satisfied by provision of off-site parking, including
without limitation, off-site shared parking, in accordance with the Parking Regulations.
ATTACHMENT B
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(f) Supplemental Regulations: All development is further subject to the
supplemental regulations set forth in Section I 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 D.4(b) below or specifically prohibited in Section D.4(c) below, the following Primary
Uses and Accessory Uses:
(i) Residential Uses.
(ii) Commercial Uses that have frontage on Main Street.
(iii) Agricultural Use (as an Interim Use only).
(iv) Community Facilities.
(v) Vacation Club and Temporally Divided Dwellings.
(vi) Mixed Use Projects (provided, however, no Uses specifically
prohibited in Section D.4(c) below shall be included in such Mixed Use Project, and no
Uses specifically identified as Special Review Uses in Section D.4(b) below shall be
included except pursuant to the review and approval processes set forth in Section E
below).
(vii) Commercial Parking, Private Parking, Public Parking, and public
and private transportation and transit facilities, including but not limited to, Parking
Structures, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts.
(viii) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(ix) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(x) Infrastructure.
(xi) Dry Utilities.
(xii) Indoor recreation and/or entertainment facilities.
(xiii) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
ATTACHMENT B
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(xiv) Parks and Open Space.
(xv) Minor Home Occupations.
(xvi) Planning Area C Only:
(1) Pedestrian bridges.
(2) Hotel, Motel and Lodge.
(3) Bed and Breakfast.
(xvii) Planning Area D Only:
(1) Recycling Facility and accessory trash facility (as an Interim
Use only).
(xviii) Accessory Uses and Structures customarily appurtenant to the
foregoing Uses by Right.
(xix) Additional Uses which the Director determines to be similar 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 E below:
(i) In Planning Area D having frontage on Main Street only:
(1) Hotel, Motel and Lodge.
(2) Bed and Breakfast.
(3) Educational facilities, including but not limited to, public
and private schools, universities, colleges and Child Care Centers.
(4) Hospitals.
(5) Heliport, only as an Accessory Use to a Hospital or other
medical facility, including but not limited to a clinic.
(6) Religious Facilities, museums, libraries and public
buildings.
(7) Outdoor entertainment facilities that include the use of
amplified music (subject to the review and written approval of the Design Review
Board authorizing such Use).
ATTACHMENT B
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(ii) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD, each of the foregoing being subject
to review and written approval by the Design Review Board authorizing such Use.
(iii) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(c) Prohibited Uses:
(i) Automobile Repair Shops (Major).
(ii) Animal Boarding (outdoor).
(iii) Industrial Uses.
(iv) Kennels (outdoor).
(v) Mobile Homes.
(vi) Medical Marijuana Businesses.
(vii) Nude Entertainment Establishments.
(viii) Outdoor Storage, except as specifically identified as a Special
Review Use in Section D.4(b).
(ix) Recycling Processing Center.
(x) Service Stations.
(xi) Tattoo parlor, body piercing.
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Front: 25 feet
(2) Side: None
(3) Rear: 10 feet
(4) Southerly boundary of Planning Area D: 20 feet
(ii) Maximum Building Height: 48 feet.
(iii) Minimum Landscaped Area: 20%
ATTACHMENT B
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(iv) Minimum Lot Area: Not applicable.
(e) Residential Density Maximum: 18 Dwelling Units per acre.
(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 I below.
(h) 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 authorized or state
accredited educational facility serving grades K-12 (or any portion of such grades).
(ii) Agricultural Use (as an Interim Use only).
(iii) Subject to prior written approval from the Design Review Board
authorizing such Uses, the following education-related Uses:
(1) Child Care Facilities.
(2) Pre-school facilities.
(3) Community/adult educational facilities.
(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.
ATTACHMENT B
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(c) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Front:25 feet
(2) Side:7.5 feet
(3) Rear:10 feet
(ii) Maximum Building Height: 35 feet.
(iii) 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 I 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 D.6(b) below or specifically prohibited in Section D.6(c) below, the following Primary
Uses and Accessory Uses:
(i) Commercial Uses, provided, however, no single retail business on
Planning Area F shall occupy more than 60,000 of consolidated Gross Square Footage.
(ii) Residential Uses.
(iii) Mixed Use Projects (provided, however, no Uses specifically
prohibited in Section D.6(c) below shall be included in such Mixed Use Project, and no
Uses specifically identified as Special Review Uses in Section D.6(b) below shall be
included except pursuant to the review and approval processes set forth in Section E
below).
(iv) Agricultural Uses (as an Interim Use only).
(v) Community Facilities.
(vi) 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.
(vii) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
ATTACHMENT B
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Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(viii) Infrastructure.
(ix) Dry Utilities.
(x) Private and public transportation and transit, including without
limitation, Bus Stops, Bus Shelters, rail stations, tramways, gondolas and lifts.
(xi) Religious Facilities, museums, libraries and public buildings.
(xii) Indoor recreation and/or entertainment facilities that do not include
the use of amplified music.
(xiii) Outdoor entertainment facilities that include the use of amplified
music (subject to review and written approval of such Use by the Design Review Board).
(xiv) Outdoor recreation and/or entertainment facilities that do not
include the use of amplified music.
(xv) Parks and Open Space.
(xvi) Child Care Center.
(xvii) Animal Boarding (excluding outdoor Animal Boarding), subject to
review and written approval by the Design Review Board authorizing such Use
(xviii) Kennels (excluding outdoor Kennels), subject to review and written
approval by the Design Review Board authorizing such Use.
(xix) Construction staging (as an Interim Use only).
(xx) Planning Areas F and I Only:
(1) Recycling Facility.
(xxi) Planning Area I Only:
(1) Pedestrian and vehicular bridges, bridge abutments and
improvements reasonably related thereto.
(2) Automobile Repair Shops (Major and Minor).
(3) Light Industrial Uses.
(xxii) Additional Uses which the Director determines to be similar to the
foregoing Uses by Right.
ATTACHMENT B
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(xxiii) 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 E below:
(i) Single retail businesses on Planning Area F occupying more than
60,000 of consolidated Gross Square Footage.
(ii) Educational facilities including, but not limited to public and private
schools, universities, and colleges.
(iii) Service Station.
(iv) Animal Boarding (outdoor), subject to review and written approval
by the Design Review Board authorizing such Use.
(v) Kennels (outdoor), subject to review and written approval by the
Design Review Board authorizing such Use.
(vi) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(vii) 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).
(viii) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(ix) Planning Areas F, G and H Only:
(1) Animal Boarding (outdoor).
(2) Kennels (outdoor).
(3) Hospitals.
(x) Planning Area I Only:
(1) Hotel Uses (including without limitation, hotel Uses
comprising a portion of a Mixed Use Project) which exceed 55 feet in Building
Height.
(c) Prohibited Uses:
(i) Heavy Industrial Uses.
ATTACHMENT B
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(ii) Medical Marijuana Businesses.
(iii) Nude Entertainment Establishments.
(iv) Planning Areas F, G and H Only:
(1) Automobile Repair Shops (Major).
(2) Family Child Care Home.
(3) Group Home.
(4) Mobile Homes.
(5) Recycling Processing Center.
(6) Tattoo parlor, body piercing.
(d) Building Envelope Requirements:
(i) Minimum Building Setbacks:
(1) Commercial Uses:
a. Front: 25 feet
b. Side: None
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-way: 20
feet
(2) Industrial and Residential Uses:
a. Front: 25 feet
b. Side: 7.5 feet
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-way: 20
feet
(3) Residential Uses:
a. Front: 25 feet
b. Side: 7.5 feet
ATTACHMENT B
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c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-way: 20
feet
e. A Building having a Building Height exceeding 48
feet on Planning Area F only: (i) abutting existing Post Boulevard: 40 feet;
and (ii) abutting current East Beaver Creek Boulevard (future Main Street):
100 feet
(4) (3) Vertically-integrated Mixed Use Projects:
a. Front: 25 feet
b. Side: None
c. Rear: 10 feet
d. Abutting Interstate 70 or railroad right-of-way: 20
feet
e. A Building having a Building Height exceeding 48
feet on Planning Area F only: (i) abutting existing Post Boulevard: 40 feet;
and (ii) abutting current East Beaver Creek Boulevard (future Main Street):
100 feet
(ii) Maximum Building Height:
(1) Commercial Uses:
a. Hotel Uses (including without limitation, hotel Uses
comprising a portion of a Mixed Use Project) on Planning Area I only: 55
feet, provided that such Uses may be permitted up to a maximum Building
Height of 135 feet as specifically identified as a Special Review Use in
Section D.6(b).
b. Hospitals on Planning Area I only: 80 feet.
c. All other Commercial Uses: 48 feet.
(2) Industrial Uses: 48 feet.
(3) Residential Uses:
a. Single-family Dwellings and Duplex Dwellings: 35
feet.
b. Multi-family Dwellings on Planning Areas G, H and
I: 48 feet.
ATTACHMENT B
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c. Multi-family Dwellings on Planning Area F only: 58
feet, and not to exceed four Stories.
(4) Vertically-integrated Mixed Use Projects (except as set forth
in Section D.6(d)(ii)(1) with respect to hotels comprising a portion of a Mixed Use
Project):
a. On Planning Areas G, H and I: 48 feet.
b. On Planning Area F only: 58 feet, and not to exceed
four Stories.
(iii) Minimum Landscaped Area: 20%.
(iv) Minimum Lot Area: Not applicable.
(v) Maximum Site Coverage: 50% on Planning Area F only
(e) Residential Density Maximum:
(i) Planning Area F: 22 Dwelling Units per acre.
(ii) (i) Planning Areas F, G and H: 18 Dwelling Units per acre.
(iii) (ii) Planning Area I: Subject to this Section D.6(e)(iiiii), 15
Dwelling Units per acre, subject to the following: cul-de-sacs may exceed 1,000 feet in
length and service not more than 280 Dwelling Units within Planning Area I, and that the
portion of a cul-de-sac that is in excess of 1,000 feet shall not service Commercial Uses.
With respect to any cul-de-sac located both within and outside of Planning Area I, (i) no
Dwelling Units served by the portion of such cul-de-sac located outside of Planning Area
I shall be counted toward the foregoing 280 Dwelling Unit limitation; and (ii) the portion
of any such cul-de-sac located within Planning Area I shall be deemed separate and distinct
from, and not included with, any portion of the same cul-de-sac located outside of Planning
Area I for purposes of calculating the Dwelling Units counted toward the foregoing 280
Dwelling Unit limitation.
(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 I below.
(h) Street Requirements: Subject to Section D.6(e)(iiiii), streets are subject to
the standards set forth in Exhibit F of this PUD Guide.
ATTACHMENT B
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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 D.7(b) below or specifically prohibited in Section D.7(c) below, the following Primary
Uses and Accessory Uses:
(i) Residential Uses.
(ii) Commercial Uses.
(iii) Mixed Used Projects; provided, however, (a) no Uses specifically
prohibited in Section D.7(c) below shall be included in such Mixed Use Project, and (b) no
Uses specifically identified as Special Review Uses in Section D.7(b) below shall be
included except pursuant to the review and approval processes set forth in Section E below.
(iv) Automobile Repair Shops (Minor).
(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 by the Design Review Board authorizing such Use.
(viii) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(ix) Infrastructure.
(x) Dry Utilities.
(xi) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(xii) Recreational facilities.
(xiii) Parks and Open Space.
(xiv) Additional uses which the Director determines to be similar to Uses
by right.
(xv) 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 E below:
ATTACHMENT B
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(i) Child Care Center.
(ii) Religious Facilities, museums, libraries and public buildings.
(iii) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(iv) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(c) Prohibited Uses:
(i) Automobile Repair Shops (Major).
(ii) Medical Marijuana Businesses.
(iii) Nude Entertainment Establishments.
(iv) Tattoo parlor, body piercing.
(d) Building Envelope Requirements:
(i) Building Setback Requirements:
(1) Residential Uses:
a. Front: 20 feet (except as provided below).
b. Side: 10 feet (except as provided below).
c. Rear: 10 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: 10 feet (except as provided below).
(3) Notwithstanding the foregoing, the minimum Building
Setback abutting the Interstate 70 right-of-way shall be 20 feet.
(ii) Maximum Building Height:
(1) Commercial (excepting Hotel, Motel and Lodge Uses) and
Light Industrial Uses: 48 feet.
ATTACHMENT B
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(2) Residential Uses:
a. Single-family Dwellings and Duplex Dwellings: 35
feet.
b. Multi-family Dwellings: 48 feet.
(3) Vertically-integrated Mixed Use Projects: 48 feet.
(4) Hotel, Motel and Lodge Uses: 55 feet.
(iii) Minimum Landscaped Area: 20%
(iv) Minimum Lot Area: Not applicable.
(e) Residential Density Maximum: 18 Dwelling Units per acre.
(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 I below.
(h) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide; provided, however, (i) Section A.34(g)(ii) of Exhibit F of this PUD
Guide shall not apply to Planning Area J and, with respect to all or any portion of any cul-de-sac
located within Planning Area J, there is no restriction on the length of such cul-de-sac, service to
Commercial Uses by the cul-de-sac or the number of Dwelling Units that may be served by the
cul-de-sac; and (ii) notwithstanding any contrary provision of Section A.1(viii) of Exhibit F of
this PUD Guide, if Road E (as conceptually illustrated in Exhibit F of this PUD Guide) does not
connect at the roundabout at Post Boulevard and Swift Gulch Road and instead connects directly
to future Swift Gulch Road (conceptual) east of such roundabout, the street type (i.e., rural local
road, urban local road, etc.) of the portion of future Swift Gulch Road located between the
roundabout and the connection point to Road E will be determined in accordance with a traffic
study produced pursuant to the requirements of the Development Code..
8. Planning Area K - Hillside Residential.
(a) Uses by Right: Except as specifically prohibited in Section D.8(b) below,
the following Primary Uses and Accessory Uses:
(i) Single-Family Dwelling.
(ii) Duplex Dwelling.
(iii) Primary/Secondary Structure.
(iv) Agricultural Use (as an Interim Use only).
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(v) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(vi) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(vii) Infrastructure.
(viii) Dry Utilities.
(ix) Recreational facilities.
(x) Parks and Open Space.
(xi) Religious Facilities, including without limitation, cemeteries.
(xii) Conceptual Lot 1 (as depicted on the PUD Master Plan) Only:
Homeowner association facilities including, but not limited to, a caretaker unit (as a
Secondary Structure), clubhouse, recreational facilities and other similar facilities and
amenities.
(xiii) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
(xiv) Additional uses which the Director determines to be similar to Uses
by Right.
(b) Special Review Uses:
(i) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(ii) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(c) Prohibited Uses:
(i) Commercial Uses (except as specifically included in Sections D.8(a)
or D.8(b)).
(ii) Industrial Uses.
(d) 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
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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 conceptual Lot 1 (as depicted on the PUD Master Plan):
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: 35 feet.
(iii) Maximum Site Coverage:
(1) Single-Family Residential Uses: the lesser of (a) 1 acre of
the applicable Lot; or (b) 80% of the applicable Lot, provided that the final Site
coverage shall be 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 Section.
(2) All other Uses: the final Site coverage shall be 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 Section.
(iv) Minimum Lot Area: 1 acre.
(e) Residential Density Maximum: Subject to this Section D.8(e), cul-de-sacs
may exceed 1,000 feet in length and service not more than 280 Dwelling Units in the aggregate
within Planning Area K and Planning Area RMF-1; provided, however, the portion of a cul-de-
sac that is in excess of 1,000 feet shall not service Commercial Uses except those Commercial
Uses specifically included in Sections D.8(a) or D.8(b). With respect to any cul-de-sac portions
of which are located both within and outside of Planning Area K, (i) no Dwelling Units served by
the portions of such cul-de-sac located outside of Planning Area K, excepting any Dwelling Units
located within Planning Area RMF-1 and served by such cul-de-sac, shall be counted toward the
foregoing 280 Dwelling Unit limitation; and (ii) the portion of any such cul-de-sac located within
Planning Area K shall be deemed separate and distinct from, and not included with, any portion
of the same cul-de-sac located outside of Planning Area K, excepting any portion of such cul-de-
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sac located within Planning Area RMF-1, for purposes of calculating the Dwelling Units counted
toward the foregoing 280 Dwelling Unit limitation.
(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 I below.
(h) Street Requirements: Subject to Section D.8(e), 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) Preschool, nursery school, in-home child care and Child Care
Center.
(iv) Agricultural Use (as an Interim Use only).
(v) Bed and Breakfast, Vacation Club, Temporally Divided Dwellings
and short-term rentals.
(vi) Infrastructure.
(vii) Dry Utilities.
(viii) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Service, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(ix) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(x) Recreational facilities.
(xi) Temporary real estate offices and construction offices.
(xii) Residential management office.
(xiii) Accessory Uses and Structures customarily appurtenant to Uses by
Right.
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(xiv) Additional uses which the Director determines to be similar to Uses
by Right.
(xv) Planning Area RMF-1 Only:
(1) Assisted living facilities.
(xvi) Planning Area RMF-2 Only:
(1) Pedestrian bridges.
(b) Special Review Uses:
(i) Religious Facilities, museums, libraries and public buildings.
(ii) Group Home.
(iii) Commercial Parking, Private Parking and Public Parking.
(iv) Bus Stops, Bus Shelters, tramways, gondolas and lifts.
(v) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(vi) Planning area RMF-1 Only:
(1) Rock and gravel crushing operations related to rock and
gravel materials excavated within The Village (at Avon) PUD.
(c) Prohibited Uses:
(i) Commercial Uses (except as specifically included in Sections D.9(a)
or D.9(b)).
(ii) Industrial Uses.
(iii) Mobile Homes.
(d) Building Envelope Requirements:
(i) Building Setback Requirement: 20 feet from Interstate-70 right-of-
way, provided there shall be no other setback requirements except as may be necessary to
accommodate utility improvements, lines and mains, facilities, services and buildings.
(1) Front:20 feet.
(2) Side:10 feet.
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(3) Rear:10 feet.
(ii) Maximum Building Height:
(1) Single-family Dwellings and Duplex Dwellings: 35 feet.
(2) Multi-family Dwellings: 48 feet.
(3) Commercial: 48 feet.
(iii) Minimum Landscaped Area: 20%.
(iv) Minimum Lot Area: Not applicable.
(e) Residential Density Maximum:
(i) Planning Area RMF-2: 12 Dwelling Units per acre.
(ii) Planning Area RMF-1: Subject to this Section D.9(e)(ii), 6
Dwelling Units per acre; provided, however, cul-de-sacs may exceed 1,000 feet in length
and service not more than 280 Dwelling Units in the aggregate within Planning Area K and
Planning Area RMF-1; provided, further however, the portion of a cul-de-sac that is in
excess of 1,000 feet shall not service Commercial Uses except those Commercial Uses
specifically included in Sections D.9(a) or D.9(b). With respect to any cul-de-sac portions
of which are located both within and outside of Planning Area RMF-1, (i) no Dwelling
Units served by the portions of such cul-de-sac located outside of Planning Area RMF-1,
excepting any Dwelling Units located within Planning Area K and served by such cul-de-
sac, shall be counted toward the foregoing 280 Dwelling Unit limitation; and (ii) the portion
of any such cul-de-sac located within Planning Area RMF-1 shall be deemed separate and
distinct from, and not included with, any portion of the same cul-de-sac located outside of
Planning Area RMF-1, excepting any portion of such cul-de-sac located within Planning
Area K, for purposes of calculating the Dwelling Units counted toward the foregoing 280
Dwelling Unit limitation.
(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 I below.
(h) Street Requirements: Subject to Section D.9(e)(ii), 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 D.10(b) below or specifically prohibited in Section D.10(c) below, the following Primary
Uses and Accessory Uses:
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(i) Agricultural Use (as an Interim Use only).
(ii) Community Facilities (subject to review and written approval of
such Uses by the Design Review Board).
(iii) Equestrian, pedestrian and bicycle trails.
(iv) Landscape improvements.
(v) Indoor and outdoor, sports, training and recreation facilities.
(vi) Lakes, ponds, reservoirs and irrigation ditches.
(vii) Parks, picnic facilities and temporary entertainment for special
events.
(viii) Open Space.
(ix) Infrastructure.
(x) Dry Utilities.
(xi) Cabled Telecommunications Equipment, Cabled Television
Facilities and Cabled Telecommunications Services, each of the foregoing being subject to
review and written approval by the Design Review Board authorizing such Use.
(xii) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(b) Special Review Uses:
(i) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(ii) (iii) Wireless Telecommunications Equipment (antenna towers
only) and Wireless Telecommunications Facilities (antenna towers only), each of the
foregoing being subject to review and written approval by the Design Review Board
authorizing such Use.
(c) Prohibited Uses:
(i) Residential Uses.
(ii) Commercial Uses (except as specifically included in Sections
D.10(a) or D.10(b)).
(iii) Industrial Uses.
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(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: 35 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 I 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 D.11(b) below or specifically prohibited in Section D.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.
(v) Wireless Telecommunications Equipment (excluding antenna
towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless
Telecommunications Services, each of the foregoing being subject to review and written
approval by the Design Review Board authorizing such Use.
(vi) Infrastructure.
(vii) Dry Utilities.
(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,
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however, such uses which are located in Planning Area OS6 shall be oriented on a generally
north-south axis.
(x) OS1 – 0S5 and OS7:
(1) Lakes, ponds, reservoirs and irrigation ditches.
(2) Park and picnic facilities and related parking.
(xi) 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.
(b) Special Review Uses:
(i) Rock and gravel crushing operations related to rock and gravel
materials excavated within The Village (at Avon) PUD.
(ii) OS6 only: The following Uses shall be permitted pursuant to the
review and approval processes set forth in Section E below:
(1) Lakes, ponds, reservoirs and irrigation ditches.
(2) Park and picnic facilities and related parking (subject to
review and written approval of such Uses by the Design Review Board).
(iii) Wireless Telecommunications Equipment (antenna towers only)
and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing
being subject to review and written approval by the Design Review Board authorizing such
Use.
(c) Prohibited 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.
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(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 I 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 D.12(b) below or specifically prohibited in Section D.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) Infrastructure.
(v) Dry Utilities (subject to review and written approval of such Use by
the Design Review Board).
(vi) 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 E below:
(i) Lakes, ponds, reservoirs and irrigation ditches.
(ii) Park and picnic facilities and related parking.
(c) Prohibited Uses: All Uses other than Uses by Right and Special Review
Uses specifically listed above.
(d) Building Envelope Requirements:
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(i) Building Setback Requirement: Not applicable.
(ii) Maximum Building Height:
(1) Planning Area PF-1: 48 feet.
(2) Planning Areas PF-2 and PF-3: 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 I below.
(g) Street Requirements: Streets are subject to the standards set forth in
Exhibit F of this PUD Guide.
E. 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 E.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 E
constitute the sole and exclusive special review use regulations applicable within The Village (at
Avon) PUD and expressly supersede any additional or conflicting provisions of the Municipal
Code.
2. Application Filing and Processing.
(a) An Application with required materials (see Section E.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, which public hearing before the
Planning and Zoning Commission shall be in accordance with Section 7.16.020(e) of the
Development Code.
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(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 Section E.5(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 Section E.5(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.
(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;
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(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. Criteria for Review, Recommendation, and Approval of Special Review Uses.
When evaluating an Application for a special review use permit, staff and the planning and zoning
commission shall consider the following criteria:
(a) Whether the proposed Use otherwise complies with all requirements
imposed by the Development Plan;
(b) Whether the proposed Use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and features, site design, and the
control of any adverse impacts including noise, dust, odor, lighting, traffic, safety and other similar
Development Standards;
(c) Any significant adverse impacts (including but not limited to, hours of
operation, traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to
result from the use shall be mitigated or offset to the maximum extent practicable; and
(d) Facilities and services (including sewage and waste disposal, water, gas,
electricity, police and fire protection and roads and transportation, as applicable) shall be available
to serve the subject property while maintaining adequate levels of service for existing
development.
5. 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 receives the prior
approval of the Planning and Zoning Commission, which shall be obtained by repetition of the
granting procedures provided in this Section E or the Planning and Zoning Commission expressly
authorizes modifications, enlargement or expansions of the Special Review Use in the prior
approval of the Special Review Use. The Planning and Zoning Commission may authorize
administrative approval of modifications, enlargement and expansion of Special Review Uses and
may define a percentage or other parameter change to square footage of such Use, hours of
operation, traffic or other aspects of the approved Special Review Use.
(b) At least thirty (30) days 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,
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 Section E.2 above, or due to expiration of a term
established in the Special Review Use approval, an Applicant may request, in writing, approval of
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an extension of such expiration date. The Director may administratively approve up to a one-year
extension of an approved Special Review Use. The Planning and Zoning Commission may
approve an extension of the Special Review Use for longer than one year in accordance with the
procedures and criteria for review established in this Section E.
F. TEMPORARY USES AND STRUCTURES. Temporary Uses and Structures shall be
allowed in accordance with the substantive and procedural requirements of the Development Code;
provided, however, no Temporary Use or Structure shall be permitted unless the Design Review
Board approves a development plan for the applicable Site as evidenced by the issuance of a
certificate of Design Review Board approval affixed to the Application.
G. SUBDIVISION.
1. General; Applicability.
(a) Except as modified by this Section G, the procedural and substantive
requirements set forth Section 7.16.070 of the Development Code, as in effect on the date of
execution of the Settlement Term Sheet, as attached as Exhibit I to this PUD Guide, shall apply
to Planning Areas A, B, C, D, E, F and J (collectively, the “Administrative Subdivision Areas”).
Notwithstanding the foregoing, if, subsequent to the Effective Date, the Town amends from time
to time Section 7.16.070 of the Development Code, the Master Developer, in its sole discretion,
may consider amendment of this PUD Guide to incorporate such amended provisions herein,
which amendment(s), if any, shall be processed in accordance with the administrative amendment
procedure set forth in Section H.3.
(b) Except as modified by Section G.1(c), subdivision within all Planning Areas
excepting the Administrative Subdivision Areas shall be in accordance with Section 7.16.070 of
the Development Code.
(c) Subdivision review and approval shall not be required for any division of
land within the The Village (at Avon) for any of the following:
(i) Creation of a lien, mortgage, deed of trust or any other security
instrument;
(ii) Creation of any interest in an investment entity;
(iii) Creation of cemetery lots;
(iv) Creation of an interest or interests in oil, gas, minerals or water that
are severed from the surface ownership of real property;
(v) Acquisition of an interest in land in the name of a husband or wife
or other persons in joint tenancy, or as tenants in common of such interest, and any interest
in common owned in joint tenancy shall be considered a single interest;
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(vi) Dedication of land for right-of-way or other public use, or
conveyances relating to the vacation of land designated for public use, if subdivision
review and approval is waived by the Town;
(vii) Correction of a legal description in a prior conveyance, if
subdivision review and approval is waived by the Town;
(viii) Any transfer by operation of law or bequest;
(ix) Lease of property (granting of leasehold interests) for any period of
time;
(x) 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.
2. Application Submittal Items. With respect to any submittal item for a Final Plat
Application within the Administrative Subdivision Areas required by the Town, if the Applicant
disagrees with the determination of staff or the Director, as applicable, with respect to the necessity
of such submittal item or the required substance or required 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 Final Plat Application and decide upon the appropriateness of
requiring such submittal item or the appropriateness of the required substance or required quality
of such submittal item, as applicable. Such third party’s determination shall be binding upon the
Town and the Applicant. Notwithstanding the foregoing, in no event shall the Town require any
submittal item for a Final Plat Application that relates to matters that are within the exclusive
authority of the Design Review Board to approve, including without limitation, architectural
design, landscape design, urban design and site design.
3. Procedure. Except as set forth in Section G.5, subdivisions, subdivision
amendments and re-subdivisions within the Administrative Subdivision Areas (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. Public hearings shall not be required except as may
be requested by the Applicant. Notice of a subdivision Application shall be posted and mailed to
property owners within the vicinity of the property subject to the applicable Application in
accordance with the requirements of the Development Code. Prior to the Director rendering a
decision to reject or deny an 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 good faith
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. The Director shall render a written decision on the Final Plat Application and shall post a
notice of such decision in the same manner as the posting of Town ordinances, and the date of
such posting shall be the date of the final decision of the Director for appeal purposes.
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4. Criteria for Review and Approval. Subject to this Section G.4, the Director shall
consider the criteria set forth in Sections 7.16.070(e) and (f) of the Development Code, as in effect
on the date of execution of the Settlement Term Sheet, when evaluating an Application for Final
Plat approval, as modified as follows:
(i) The Director shall not consider the review criteria set forth in the
following sections, which sections shall not apply to the Administrative Subdivision Areas:
Sections 7.16.070(e)(5) & (9) and Sections 7.16.070(f)(2) & (3).
(ii) The review criteria set forth in Section 7.16.070(e)(1) is modified as
follows: The proposed subdivision shall comply with all applicable use, density,
development and design standards set forth in this PUD Guide that have not been otherwise
modified or waived through the alternative equivalent compliance process and that would
affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or
patterns of lots in the subdivision that will make compliance with such development and
design standards infeasible or impossible.
(iii) The review criteria set forth in Section 7.16.070(e)(3) is modified as
follows: The subdivision application shall be consistent with the Comprehensive Plan and
other community planning documents, as modified by the Development Plan.
(iv) The review criteria set forth in Section 7.16.070(e)(7) is modified as
follows: The proposed utility and road extensions are consistent with the utility’s service
plan and are consistent with the Comprehensive Plan and the Transportation Master Plan,
as modified by the Development Plan.
(v) The review criteria set forth in Section 7.16.070(f)(4) is modified as
follows: The development will substantially comply with all sections of the Development
Code, as modified by the Development Plan.
5. Material Modification to Certain Street Connections.
(a) 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.
(b) If an Application for an Administrative Subdivision Area proposes an
elimination of one or more of the following street connections (the “Required Street
Connections”), the Director may, in the Director’s sole discretion, determine that such Application
shall not be subject to administrative approval and may direct that such Application be submitted
to Town Council for review and decision:
(i) Main Street connection to Chapel Place;
(ii) Main Street connection to Post Boulevard roundabout;
(iii) East Beaver Creek Boulevard connection at northern boundary of
Planning Area A to existing East Beaver Creek Boulevard adjacent to the Property;
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(iv) East Beaver Creek Boulevard connection at Post Boulevard
connecting to Fawcett Road; and
(v) Connection from westernmost roundabout on Main Street to East
Beaver Creek Boulevard.
(vi) Connection across Planning Area J located east of Post
Boulevard/Swift Gulch Road roundabout to northeast corner of the “Forest Service parcel”
located east of Planning Area J and west of Planning Area I.
(c) For any Application for an Administrative Subdivision Area submitted to
Town Council pursuant to Section G.5(b), Town Council shall render a decision on the Application
after conducting a public hearing, and public notice of the Town Council hearing on such
Application shall be given in accordance with the requirements of the Development Code.
H. DEVELOPMENT PLAN AMENDMENT PROCEDURES.
1. General.
(a) Amendments to this PUD Guide 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 H.
(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 within
the timeframes afforded by the Development Code 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 which do not qualify for
the administrative amendment process described in Section H.3 below shall follow the formal
amendment process set forth in Section 7.16.060 of the Development Code, except that the
provisions of Section H.1 above shall apply to all formal amendments of this PUD Guide. Nothing
herein shall be deemed to prevent an Applicant from voluntarily choosing to apply for a formal
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amendment, or from appealing to Council or the courts the Director’s determination of eligibility
for administrative amendment and/or denial of a request for an administrative amendment.
3. Administrative Amendments.
(a) Intent; Determination of Applicable Amendment Procedure. The intent
of this Section H.3 is to provide a simplified amendment procedure for minor modifications to this
PUD Guide. As used herein, the term “minor modifications” means an Application meeting the
criteria stated Section H.3(b)(i) through H.3(b)(vi) below, which shall be processed as an
administrative amendment application, and an Application meeting the criteria stated in Section
H.3(b)(vii) below, which may be processed as an administrative amendment application in the
discretion of the Director.
(b) Qualifying Administrative Amendments. An Application for
administrative amendment that complies with (I) the specific criteria for approval set forth in
Sections H.3(b)(i) through H.3(b)(vi) 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 Section H.3(b)(vii) below; or (II) the general criteria for approval set forth in
Section H.3(b)(vii) below may be processed and approved administratively:
(i) Density Allowance. Provided the aggregate number of Dwelling
Units within Planning Areas A, C, D, F, G, H, J, K, RMF 1 and RMF 2 does not exceed
2,400, a ten percent (10%) increase in the number of Dwelling Units allowed within any
Planning Area stated herein.
(ii) Road Alignments. Changes to public or private street locations,
internal circulation design/pattern or traffic capacity of the overall road network within the
Property that has been approved by the Town and which may require a conforming
amendment to this PUD Guide shall be processed and approved administratively.
(iii) 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, if the revision affects Development
Standards for a particular Site or Planning Area.
(iv) 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, including without limitation, any modifications to street extension(s)
and/or street alignment(s) (including without limitation, elimination of the Required Street
Connections), any conforming amendment to this PUD Guide 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 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
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Preliminary Plan or Final Plat the approval of which necessitated the conforming
amendment. Any proposed elimination of a Required Street Connection that is not
processed and approved in connection with a Preliminary Plan or Final Plat shall be subject
to the formal amendment process set forth in Section H.2.
(v) Planning Area Boundaries and Lot Lines. With the written
consent of the Master Developer, 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, an
Applicant may amend the PUD Master Plan to relocate or otherwise modify 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 other 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. [e.g., 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.] The relocation of an entire
Planning Area to another location within The Village (at Avon) PUD shall follow the
formal amendment process.
(vi) Certain Text Amendments. Amendments to this PUD Guide as
contemplated by Section A.1 (Definitions) and Section G (Subdivision) and Section I.15
(Affordable Housing Plan) shall be processed and approved administratively. Any
amendment to this PUD Guide shall be processed and approved administratively. If the
Master Developer, in its sole discretion, submits an Application to the Town to amend this
PUD Guide to substitute Chapter 15.30 of the Municipal Code for the lighting standards
set forth in Exhibit E, such amendment, if any, shall be processed and approved
administratively.
(vii) Compatible and Adequately Mitigated Modifications. In addition
to the specific criteria for approval set forth in Sections H.3(b)(i) through H.3(b)(vi) above,
the Director may 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
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(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 Sections
H.3(b)(i) through H.3(b)(vii) above, as applicable, it shall be processed administratively
and the Director is authorized to approve the request. If the request does not comply with
Sections H.3(b)(i) through H.3(b)(vii), as applicable, Section H.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 or approve with conditions an administrative amendment
Application.
(v) Upon approval of an administrative amendment, the Applicant shall
submit to Community Development a revised PUD Guide, or applicable portion thereof.
Such revised documentation shall be signed by the Master Developer, the owner(s) of
record and the Director, will be kept on file at Community Development, and shall be
recorded in the real property records for the County of Eagle, State of Colorado.
4. Modifications Not Requiring Amendment.
(a) No amendment (formal or administrative) to the Development Plan, or
applicable component thereof, shall be required to modify the following Development Standards:
(i) Maximum and Minimum Development Standards. No amendment
shall be required for (x) reductions to density allowance, maximum Building Height,
square footage allowance and Site Coverage Development Standards, or (y) increases to
minimum Building Setback, Lot Area and parking requirements.
(ii) Planning Area K Building Envelopes. No 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
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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 does not require an amendment
pursuant to this Section H.4, the Applicant shall submit to Community Development a revised
PUD Guide 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.
I. SUPPLEMENTAL REGULATIONS.
1. Interim Uses. Interim Uses shall be permitted within The Village (at Avon) PUD
as follows:
(a) The following Uses or structures, in existence from time to time prior to
development of the applicable portion of The Village (at Avon) PUD, shall be considered approved
Interim Uses without the requirement of further action, but subject to approval, modification and/or
termination as provided above in connection with Design Review Board processing of applications
therefor in accordance with the Design Review Guidelines and Design Covenant:
(i) Agricultural Uses within undeveloped portions of The Village (at
Avon) PUD generally.
(ii) The rodeo and ancillary carnival use within Planning Area A to the
extent of such use for the last three years including a maximum 20% expansion of the
square footage of the existing rodeo area and related parking and expansion of seasonal
timeframe of operations (expansion in excess of 20% or expansion of hours of operation
shall require a Temporary Use permit).
(iii) Driving course and accessory hospitality services related to
automobile demonstrations, promotions and sales in Planning Area A, not to exceed 10
days in the aggregate in a calendar year, provided that such Use exceeding 10 days in the
aggregate in a calendar year shall require a Temporary Use permit.
(iv) Recycling Facility and trash drop-off within Planning Areas A and
D existing as of the Effective Date.
(v) Snow storage within undeveloped portions of The Village (at Avon)
PUD generally.
(vi) The Mobile Home office/storage Use existing as of the Effective
Date and community garden within Planning Area A.
(b) Agricultural and snow storage Uses (unless specifically designated as an
Prohibited Use within the applicable Planning Area) shall be permitted on undeveloped land within
all Planning Areas until such time as the Town approves an initial building permit Application for
construction of a Building on the applicable Site, provided that such Uses may continue on the
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portion of the applicable Planning Area for which a building permit Application has not been
approved by the Town.
2. Solid Fuel Burning Devices. Development within The Village (at Avon) PUD
shall comply with Chapter 15.24, Solid Fuel Burning Devices, of the Municipal Code, as in effect
on the date of execution of the Settlement Term Sheet.
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
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 I.3, the Design Review Board is the sole and exclusive
authority for approval of signs within The Village (at Avon) PUD. The Town has approval
authority with respect to confirming that signs 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.
Sign installation shall be subject to the requirements of Section 15.28.050(c) of the Municipal
Code.
4. Parking Requirements. Parking 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 regulations set forth in the Municipal Code, including without
limitation, any additional or conflicting such provisions. Notwithstanding the foregoing, parking
within The Village (at Avon) shall comply with the requirements of the Americans with
Disabilities Act and any other applicable federal regulations as may be amended and as may be
applicable in accordance with the provisions of such federal regulations.
5. Surface Parking Landscaping Requirements. A 10’ wide perimeter landscape
buffer shall be installed and maintained for all outdoor surface parking lots within The Village (at
Avon) PUD, except for points of ingress and egress to the parking lot, and except for those portions
of the perimeter that abut existing or planned outdoor surface parking areas. The landscaping plan
for such landscape buffers shall comply with applicable provisions of the Design Review
Guidelines, and shall be subject to prior approval of the Design Review Board.
6. Drainage Requirements.
(a) In addition to the Town’s drainage provisions, the following provisions
shall also apply to drainage:
(i) Floodplains that are a result of manmade structures can be
eliminated by enlarging the existing drainage conveyance facilities such that excessive
backwater/floodplains would be diminished, but in no event shall such enlargement of
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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,
management and detention requirements based on the mitigating effect of vegetation within the
Property. The assumptions set forth in the Johnson Study shall govern and control over any
conflicting provisions or assumptions in the Town’s drainage master plan, as may be amended
from time to time; provided, however, if the Town amends its drainage master plan, which
amendment results in less restrictive or less burdensome provisions than set forth in the Johnson
Study, such less restrictive or less burdensome provisions in the Town’s drainage master plan shall
apply to the Property.
7. Sidewalk and Trail Standards. The minimum sidewalk and trail width standards
shall be as follows:
(a) Sidewalk: Except as set forth in Exhibit F, 4’ minimum width for local
streets and 6’ minimum width for collector and arterial streets.
(b) Multi-use trails: 8’ minimum width.
8. Alternative Equivalent Compliance and Variances. Deviations from strict
application of a standard or requirement 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, provided that such deviations may only be considered by the Town for
those subject matters expressly set forth in Section 7.16.120; or (b) Section 7.16.110 (variances)
of the Development Code.
9. 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 (“Supplemental Hotel Design
Standards”) in addition to other applicable design standards set forth in this PUD Guide, including
without limitation, the Minimum Design Guideline Standards. Compliance with these
Supplemental Hotel Design 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. Deviations from these Supplemental Hotel Design Standards may be considered
and approved in accordance with Section 7.16.120 (alternative equivalent compliance) of the
Development Code. The Supplemental Hotel Design Standards are as follows:
(a) Exterior Building Materials and Color.
(i) Requirements
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(1) A minimum of 20% of the vertical surfaces on each side of
the exterior building elevation shall be comprised of stone, brick, precast concrete
or cast stone.
(2) Colors shall have a LRV (Light Reflective Value) of sixty
(60) or less.
(3) All window frames shall be metal clad or alloy extrusions.
(ii) Prohibited
(1) Colors shall not have a LRV greater than sixty (60).
(2) Asphalt siding, imitation brick, asbestos cement shingles or
siding, imitation log siding, aluminum or vinyl siding and exterior insulated
finishing system (EIFS) are not permitted.
(3) Reflective glass shall not be permitted.
(b) Roofs.
(i) Pitched
(1) All pitched roofs shall be no less than a four-to-twelve (4:12)
slope.
(2) Roof materials shall be unglazed concrete tiles, slate, copper,
zinc, standing seam pre-patina metal (CorTen or equivalent) or synthetic shakes.
Solar and thermal collectors are permitted.
(3) Overhangs are required. Buildings two (2) stories or less
shall have an overhang of no less than eighteen (18) inches, measured from the
point where the wall meets the roof. Three (3) to four (4) story Buildings shall have
an overhang of no less than twenty-four (24) inches, measured from the point where
the wall meets the roof.
(ii) Flat. Flat roofs shall have concrete pavers or stone ballast. Grass
roofs and solar and thermal collectors are permitted.
(c) Screening. All mechanical, communications and electrical equipment (wall
and roof mounted) shall be screened from view of the adjacent street level with siding and/or
roofing materials consistent with the Structure. All vent terminations, flashings, flues, safety
apparatus and similar features shall utilize adjacent materials.
(d) Articulation. Walls shall not span more than fifty (50) feet horizontally
without a minimum of two (2) feet variation in the horizontal wall plane. Walls shall not span
more than thirty (30) feet on any floor level without a minimum of one (1) architectural element.
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10. Wildlife Mitigation Plan. Development 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.
11. Design Review Guidelines.
(a) The Master Developer previously has prepared, and the Design Review
Board previously has adopted, Design Review Guidelines which the Design Review Board utilized
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 Review Guidelines shall
contain, among other matters, requirements and standards that meet or exceed the Minimum
Design Review Standards.
(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, in the discretion of the Director, may be processed formally
or administratively pursuant to Section H 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 twenty (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 I.11 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.
12. Natural Resource Protection. Development within The Village (at Avon) PUD
shall comply with Section 7.28.100 of the Development Code, as in effect on the date of execution
of the Settlement Term Sheet, 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
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from time to time, development within The Village (at Avon) PUD may occur on slopes of thirty
percent (30%) or greater for public improvements, other infrastructure improvements, streets,
drive lanes, driveways, utilities and similar improvements.
13. 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
fire suppression systems as required by applicable Eagle River Fire Protection District regulations,
as may be amended from time to time and applied on a uniform and nondiscriminatory basis within
the Town. With Respect to Planning Area RMF-1 and Planning Area K, the Town may enforce
the applicable Eagle River Fire Protection District regulations but may not adopt or apply any
residential fire suppression system regulations which are more stringent or inconsistent with
residential fire suppressions system regulations adopted by the Eagle River Fire Protection District
for Planning Area RMF-1 and Planning Area K.
14. Park, Recreation and Trail Access. All parks, recreation and trails facilities the
construction, maintenance and operation of which the “Districts” (as described in Exhibit F of the
Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, to all
residents of the Town at such times and subject to such rules and regulations as the Districts shall
prescribe. Additionally, the Master Developer shall facilitate, but shall have no obligation to
construct or install, non-motorized access through the Property to off-site trail systems as follows,
which obligations shall constitute the sole and exclusive off-site trail connection requirements for
The Village (at Avon) PUD and expressly supersede any off-site trail connection regulations set
forth in the Municipal Code:
(a) Master Developer previously has provided a public trail head location in
Planning Area RMF-2, connected by a trail to United States Forest Service property located north
of Planning Area 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, P3, OS2 and 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.
15. 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 set forth in this Section I.15.
The obligations set forth in this Section I.15 shall constitute the sole and exclusive affordable
housing requirements for The Village (at Avon) PUD and expressly supersede any affordable
housing regulations set forth in the Municipal Code. Notwithstanding the foregoing, if, subsequent
to the Effective Date, the Town amends from time to time Section 7.20.100 of the Development
Code, the Master Developer, in its sole discretion, may consider amendment of this PUD Guide to
incorporate such amended provisions herein, which amendment(s), if any, shall be processed in
accordance with the administrative amendment procedure set forth in Section H.3.
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(a) Master Developer will provide a total of 500 affordable housing units, or
assure that the same are supplied by others, as set forth below. As of the Effective Date, Master
Developer has provided 244 affordable housing units, and, therefore, Master Developer’s
obligation after the Effective Date is to provide the remaining 256 affordable housing units [500 –
244 = 256]. The Master Developer will have an obligation to provide the remaining 256 affordable
housing units at such time as both of the following conditions have been satisfied: (i) the Town
has issued final certificates of occupancy for Commercial Space within the Property in the
aggregate of 650,000 square feet of consolidated Gross Square Footage; and (ii) the Town has
issued final certificates of occupancy for an aggregate of 1,881 Dwelling Units. The foregoing
calculations shall not include past or additional affordable housing units and shall not include
Commercial Space or Dwelling Units located within Planning Area I.
(b) The Master Developer will have an obligation to provide an additional 23
affordable housing units, or assure that the same are supplied by others, as set forth below and as
follows: The Master Developer will have the obligation to provide such additional 23 affordable
housing units only upon the satisfaction of the conditions precedent as set forth in this subsection.
The Master Developer will have the obligation to provide 13 of the additional 23 affordable
housing units only upon the Town’s issuance of final certificates of occupancy for Commercial
Space within the Property in the aggregate of 750,000 square feet of consolidated Gross Square
Footage. The Master Developer will have the obligation to provide an additional 10 of such 23
affordable housing units (for a total of 23 additional affordable housing units) only upon the
Town’s issuance of final certificates of occupancy for Commercial Space within the Property in
the aggregate of 825,000 square feet of consolidated Gross Square Footage.
(c) 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.
(d) 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.
(e) 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
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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.
(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 (which unit shall be resold or rented by
Master Developer in accordance with this deed restriction) 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 (10%) of the original purchase price of the unit every ten (10) 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.
(f) In accordance with the terms of the Original PUD, a minimum of 100
affordable housing units were constructed in conjunction with the initial phase of commercial
and/or residential construction within the Project. The timing of the construction of the remaining
affordable housing units by Master Developer (or Master Developer’s designee) shall be as
described in Sections I.15(a) and I.15(b).
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16. Provision of Certain Amenities.
(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).
(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 park
within Planning Area P2.
(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. As and when set forth in Section 3.7(d)
of the Development Agreement, Master Developer and/or the Developer Affiliates shall dedicate
certain additional parkland to the Town comprising 5.8 acres in the aggregate within Planning
Areas K, J and I; provided however, Master Developer and/or the Developer Affiliates may, in
their sole discretion, dedicate any or all of such additional parkland in Planning Areas A, C and/or
D, which dedicated parkland may be adjacent to Planning Area P1 resulting in the enlargement or
widening of Planning Area P1. 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
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(v) Unless dedicated for linear park purposes (i.e., multi-use trails,
bikepaths, etc.), at least fifty percent (50%) of the dedicated parkland shall be well-drained
and level.
(d) 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 G of this PUD Guide, subject to the following conditions:
(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; and,
(4) Such modifications may be accomplished as part of an Final
Plat that establishes Lots or Blocks with respect to the adjacent or abutting Planning
Area(s), in the discretion of the Applicant.
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EXHIBIT A
Legal Description
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EXHIBIT B
PUD Master Plan
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EXHIBIT C
The Village (at Avon) Parking Regulations
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EXHIBIT D
Wildlife Mitigation Plan
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EXHIBIT E
Minimum Design Guideline Standards
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EXHIBIT F
Street Standards
A. 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.
1. Street Descriptions and Types.
(i) 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 sides of the
roadway, and on the eastern side only between Fawcett Rd. and Yoder Ave., within
an 84’ - 100’ R.O.W. The posted speed limit on Post Boulevard is 30 MPH,
changing to 35 MPH at the north end.
(ii) 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 Rd. to the cul-de-sac, within a 60’ R.O.W. A center turn
lane is provided. The posted speed limit is 25 MPH.
(iii) 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.
(iv) East Beaver Creek Boulevard (temporary): this Rural Local Road
extends from Avon Road to Post Boulevard (constructed). The posted speed limit
of 30 MPH.
(v) Swift Gulch Road (constructed): this Rural Local Road extends
from Avon Road to Post Boulevard (constructed). An 8’ wide multi-use trail exists
within the varying width R.O.W.
(vi) East Beaver Creek Boulevard (conceptual): this Urban Local Road
extends from Avon Road at the western edge of Lot 1, to Post Boulevard
(constructed). Curb, gutter, and sidewalk shall be provided along the roadway,
within a 50’ (min.) R.O.W. as generally depicted on the conceptual illustration
attached as a part of this Exhibit F (illustration 7 or 8).
(vii) 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 the roadway, as
generally depicted on the conceptual illustration attached as a part of this Exhibit
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F (for the central segment; illustration 2, 3 or 4; for the western segment illustration
5 or 6, for the eastern segment illustration 15, 16 or 17). The conceptual
illustrations for the eastern segments are intended to illustrate possible scenarios
for the width of the R.O.W. and associated improvements (i.e., sidewalks,
landscape buffers, bike lanes, etc.). The R.O.W. as designed and constructed may
vary from such illustrations relating to, among other factors, the location of such
segment and the character of the development adjacent thereto. By way of example
but not limitation, sidewalks on both sides of the travel lanes may not be necessary
in certain locations, on-street parking may not be desirable in certain locations and
center turn lanes may or may not be necessary in certain locations.
(viii) 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. Paved shoulders, and either
a bike lane or a multi-use trail 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 (illustration 10, 11, or 12). The bike lane or multi-use trail, or applicable phase
thereof, shall be provided in connection with and contemporaneously with the
construction of Swift Gulch Road, or applicable phase thereof.
(ix) 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 (illustration 5 or 6).
(x) 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 (illustration 5, 6, or 9).
(1) At the option of the applicant this may be designated as a
one-way street.
(xi) 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 (illustration 5 or 6).
(xii) 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
and a pedestrian path (attached or separated) 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 (illustration 10 or 12).
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(xiii) 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. paved 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 (illustration 10 or 12 for that section of the road below RMF-1,
and illustration 10 for that section of road above RMF-1).
(xiv) Spur Roads F-N (conceptual): these Rural Local Cul-de-sac Roads
extend from Road E (conceptual) to their cul-de-sacs. Paved 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 (illustration 10).
(xv) Roads located within Planning Areas I, K, and RMF-1 (conceptual):
Any additional roads not currently designated shall be Rural Local Roads with
paved shoulders within a 50’ (min.) R.O.W. as generally depicted on the conceptual
illustration attached as a part of this Exhibit F (illustration 10 or 12).
2. Bus stop locations may be provided within certain portions of the eastern segments
of Main Street and/or East Beaver Creek Boulevard as depicted on the conceptual
illustration attached as a part of this Exhibit F (illustration 18); provided however,
such locations and designs as depicted are conceptual in nature and non-binding,
and the location and design of such bus stops, if any, shall be established in
connection with the design of the applicable R.O.W. segment, and shall be based
on various site specific features such as the topography, grade, traffic engineering
considerations and similar matters.
3. The engineering, installation and construction of any road within The Village (at
Avon) may, at the discretion of the Applicant, be phased. Only the portion of a
road that is necessary to serve the property that is the subject of the applicable
Application shall be required to be engineered, installed and constructed in
connection with the development of such property; provided, however, if any such
road is depicted on the PUD Master Plan to extend and continue further than such
phase, the Applicant shall submit Preliminary Engineering for the extended road as
a part of its Application in accordance with Section A.4(g) of the PUD Guide.
4. Modifications to Street Standards.
(a) Minimum Driving Surface: 22 feet
(i) Except, those lots within PA-K, above RMF-1, which are limited to
20 feet per Exhibit D, Wildlife Mitigation Plan.
(b) Minimum Shoulder: 2 feet each side, paved
(i) 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.
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(c) Design Speed: 30 MPH except as listed below
(i) Post Boulevard (constructed): 35 MPH
(ii) East Beaver Creek Boulevard (temporary): 35 MPH
(iii) Spur roads F – N (conceptual): 25MPH
(d) Maximum Grade: 6% except as listed below
(i) 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%; provided, however, reduction of the grade to 6% at a spur
road or driveway access points and thereafter returning the grade to 8% shall
be permitted.
(ii) 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%; provided, however, reduction of the grade to 8% at a spur
road or driveway access points and thereafter returning the grade to 10%
shall be permitted.
(iii) Spur Road F (conceptual): 10%
(iv) 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%; provided, however, reduction of the grade to 8% at a spur
road or driveway access points and thereafter returning the grade to 10%
shall be permitted.
(e) Minimum Curve Radius: 100 feet
(i) The driving width does not included curve widening if required by
AASHTO.
(f) Minimum Site Distance: 200 feet
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(g) Cul-de-Sacs
(i) Cul-de-sacs within Planning Area C may exceed 1,000 feet in
length; provided, however, they shall not serve more than 450 Dwelling Units. The
portion of any such cul-de-sac serving 250 or more Dwelling Units shall be
constructed to Rural Collector Road, and the portion of such cul-de-sac serving less
than 250 Dwelling Units shall be constructed to Rural Local Road.
(ii) Cul-de-sacs located north of Interstate 70 may exceed 1,000 feet in
length and service not more than 280 Dwelling Units; provided, however, the
portion of any such cul-de-sac that is in excess of 1,000 feet shall not serve
Commercial Uses except those Commercial Uses specifically included in Sections
D.8(a), D.8(b), D.9(a) or D.9(b) of this PUD Guide.
(h) 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 over ten (10) feet that support naturally occurring
topography and other site development constraints shall be designed with a series
of retaining walls with landscaped terraced steps. The width of the terrace between
any two ten (10)-foot vertical walls shall be at least four (4) feet. Retaining walls
higher than ten feet shall be separated from any other retaining wall by a minimum
of five (5) feet horizontally. Terraces created between the retaining walls shall be
permanently landscaped.
(iii) Retaining walls supporting a vehicular load or structure (below-road
retaining wall) shall not exceed twenty-nine (29) feet in height. Retaining walls
supporting naturally occurring topography (above-road retaining wall) shall not
exceed twenty-nine (29) feet in height. An above-road retaining wall and a below-
road retaining wall meeting the above requirements may abut the same portion of
the right-of-way or road (such that they are above and below, respectively, the same
right-of-way or road). The Director shall have the authority to review and approve
retaining walls that exceed the foregoing height limitation. Notwithstanding the
foregoing to the contrary, retaining walls occurring along Road E (conceptual)
between SP 241.00 and SP 260.00 (as generally depicted on the conceptual
illustration map of the Project included in this Exhibit F) shall have no height
restrictions.
5. 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 accepted by the
Town for ownership and maintenance in accordance with the terms and conditions
of the applicable Public Improvements Agreement.
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6. Implementation of Settlement Term Sheet. With respect to streets to serve Planning
Areas K and RMF-1, the modifications set forth in this Exhibit F to the street
design and improvement standards contained within Sections 7.28 and 7.32 of the
Development Code are intended to implement the terms of the Settlement Term
Sheet in order that, among other matters, access be provided to the Uses permitted
on Planning Areas K and RMF-1 pursuant to the Development Standards. As
detailed engineering cannot be accomplished with respect to such streets as of the
Effective Date, it is the Master Developer’s and the Town’s intent that this Exhibit
F be modified from time to time, as reasonably necessary, in order to provide for
such financially feasible access, all in accordance with the applicable procedures as
set forth in this PUD Guide.
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EXHIBIT G
Municipal Code Provisions
Not Applicable to The Village (at Avon) PUD
1. Development Code Provisions:
(a) § 7.16.060(i) Lapse of a Final PUD
(b) §§ 7.16.060(j)(1)(ii) & (iii) Revocation of a Final PUD
(c) § 7.16.090 Design Review
(d) § 7.16.100 Special Review Use
(e) § 7.16.140(b)(2) Vested Property Rights Created (only the second sentence reading,
“Amendments to any site specific development plan shall be subject to this Chapter
and shall have a new vested property right as determined by the Town Council.”)
(f) § 7.16.140(g) Forfeiture of Vested Property Rights
(g) § 7.20.100 Employee Housing Mitigation
(h) Select sections of Chapter 7.24, specifically listed as follows: § 7.24.040, §
7.24.050(a) and (b), § 7.24.060, § 7.24.070(e)
(i) §§ 7.28.020(b)(4) & (5) Applicability and Location: Location and Ownership
(j) § 7.28.020(e) Off-Street Parking
(k) § 7.28.020(g) Computation of Parking and Loading Requirements
(l) § 7.28.020(h) Off-Site Parking
(m) § 7.28.050 Landscaping
(n) § 7.28.070(b)(4) Retaining Walls
(o) § 7.28.060 Screening
(p) § 7.28.090 Design Standards, provided that subsection (c)(5) shall apply
(q) §§ 7.28.100(a)(3)(v), (x) & (xiii)(D) Natural Resource Protection
(r) §§ 7.28.100(a)(3)(xiii)(E) Natural Resource Protection (only with respect to
Planning Areas I, K and RMF-1)
(s) §§ 7.32.010(c)(2) & (6) Engineering Improvement Standards: Standards and
Specifications
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(t) § 7.32.030(l) Engineering Improvement Standards: Streets; Grades, Curves, and
Sight Distances
(u) § 7.32.030(m) Engineering Improvement Standards: Streets; Cul-de-sacs
(v) § 7.32.040(c) Paved Trail Design: Minimum Width
(w) § 7.32.040(e) Paved Trail Design: Grades
(x) § 7.32.080 School Site Dedication (Pursuant to Section 3.7(a) of the Development
Agreement, Section 7.32.080 of the Development Code with respect to school site
dedications, subject to the provisions of Section 3.9(b) of the Development
Agreement)
(y) § 7.32.090 Park Land Dedication, subject to the provisions of Section 3.9(b) of the
Development Agreement
(z) § 7.40 1041 Regulations
2. Other Municipal Code Provisions:
(a) Chapter 3.40 Impact Fees, subject to the provisions of Section 3.9(b) of the
Development Agreement
(b) Chapter 8.32 Wildlife Protection
(c) Chapter 15.28 Sign Code (excluding Section 15.28.050(c) (sign installation
permit))
(d) Chapter 15.30 Outdoor Lighting Standards
(e) 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 3.8 of the Development Agreement, subject to the
provisions of Section 3.9(b) of the Development Agreement.
(f) Pursuant to Section I.15 of this PUD Guide, any affordable housing, attainable
housing and/or employee workforce housing provisions of the Municipal Code,
subject to the provisions of Section 3.9(b) of the Development Agreement.
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EXHIBIT H
Definitions
The definitions of words and phrases set forth in this Exhibit H 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.
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) 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.
Administrative Subdivision Areas has the meaning set forth in Section G.1(a) of this PUD Guide.
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.
Affordable Housing Plan means the sole and exclusive affordable housing requirements for The
Village (at Avon) PUD, as set forth in Section I.15 of this PUD Guide, which expressly supersede
any additional or conflicting provisions of the Municipal Code.
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.
Amended and Restated PUD Guide means the version of this PUD Guide approved by the Town
on November 7, 2012, as amended by administrative amendment dated January 9, 2014, and
recorded in the real property records of Eagle County, Colorado, on August 1, 2014 at Reception
No. 201412778.
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.
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
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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 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.
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, a Preliminary Plan, a Final Plat, a grading
permit, a building permit or similar matters.
Appurtenances means the visible, functional, or ornamental objects accessory to and part of a
building.
Arcade means a series of arches or similar architectural features supported on piers or columns.
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.).
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:
(i) with respect to Major Uses, commercial and heavy truck oriented motor vehicles,
trailers and similar large mechanical equipment; and
(ii) with respect to Minor Uses, passenger and light truck oriented motor vehicles,
trailer and similar mechanical equipment.
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.
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.
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 occupied by the
operator of such establishment.
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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.
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.
Building Envelope means the physical boundaries within which Buildings, Structures or other
above-ground improvements may be constructed on a particular Site, being a three (3) dimensional
volume circumscribed by:
(i) the applicable Building Setback requirements;
(ii) the applicable Building Height requirements;
(iii) the applicable Site Coverage requirements; and
(iv) the applicable Lot Area requirements.
(v) building envelopes as depicted on approved Final Plats for Lots in Planning Area
K as contemplated by Section D.8(d) of this PUD Guide.
Notwithstanding the foregoing, the following improvements are permitted outside of the Building
Envelope: Sidewalks, Drive Aisles, Driveways, landscape features, Infrastructure and Dry
Utilities.
Building Height means the distance measured vertically from the reference elevation (defined
below) to the top of a flat roof or mansard roof or to the highest ridgeline of a sloping roof (also
referred to as the parallel slope method and depicted by diagram in Section 7.08.010 of the
Development Code, as in effect on the Effective Date), but excluding from the calculation of
Building Height any non-habitable Architectural Projections. The “reference elevation” shall be:
(i) within Planning Areas I, K, RMF-1 and RMF-2, the Natural Grade
(ii) within the portions of Planning Areas A, D and E located less than 250 feet from
the southerly boundary of such Planning Areas, the existing grade as exists on the
date of execution of the Settlement Term Sheet
(iii) within the portions of Planning Areas A, D and E located 250 feet or more from the
southerly boundary of such Planning Areas, and within all other Planning Areas,
the Finished Grade
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
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governmental ordinances, regulations and requirements (i.e., fence enclosures for swimming
pools) are not restricted by the Building Setback requirements.
Bus Stop means a facility for the loading and discharging of passengers by publicly or privately
operated buses.
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.
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.
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.
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:
(i) 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
(ii) 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.
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.
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Commercial Space means, as more particularly described and qualified in Section B.10 of this
PUD Guide, the square footage of a Building developed for Commercial Uses.
Commercial Use(s) means the following Uses:
(a) Accommodations Units;
(b) Animal Boarding;
(c) assisted living facility;
(d) Automobile Repair Shop (Major or Minor);
(e) bakeries;
(f) bar and tavern;
(g) barber and beauty shops;
(h) Bed and Breakfast;
(i) beverage stores, coffee shops;
(j) Bus Stop;
(k) business and professional offices;
(l) Cabled Telecommunications Equipment;
(m) Cabled Telecommunications Facilities;
(n) Cabled Telecommunications Services;
(o) car wash (as the Principal Use);
(p) Child Care Center;
(q) cinema;
(r) clinic, intermediate medical care facility, urgent care facility, rehabilitation centers
and x-ray/MRI centers (i.e., out-patient services only);
(s) clothing stores;
(t) Community Facilities;
(u) commercial offices;
(v) Commercial Parking;
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(w) Convenience Retail;
(x) department stores;
(y) Drive-in Uses;
(z) employment agency;
(aa) Extended Stay Hotel;
(bb) Family Child Care Home;
(cc) Grocery Store;
(dd) Financial institutions;
(ee) fitness centers and health clubs;
(ff) furniture stores;
(gg) hardware stores;
(hh) Hotel, Motel and Lodge;
(ii) Home Occupations, Minor and Major;
(jj) Hospitals;
(kk) independent living facility;
(ll) indoor entertainment facility;
(mm) indoor storage;
(nn) Kennels;
(oo) laboratory;
(pp) landscaping and snow removal services;
(qq) laundromat/dry cleaning;
(rr) long-term care facilities and other medical facilities including, but not limited to,
group and congregate care facilities, nursing homes and independent living
facilities;
(ss) Medical Marijuana Businesses;
(tt) medical and dental offices;
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(uu) meeting facility;
(vv) newspaper and commercial printing shops;
(ww) Nude Entertainment Establishments;
(xx) nursery or garden supply;
(yy) Outdoor Storage;
(zz) pet shop (for the sale of pets, pet supplies and/or for domesticated animal
grooming);
(aaa) professional offices;
(bbb) real estate sales offices;
(ccc) photocopy and blueprint businesses;
(ddd) Public Facilities;
(eee) Private Parking;
(fff) Public Parking;
(ggg) Recycling Facility;
(hhh) Recycling Processing Facility;
(iii) Religious Facility;
(jjj) repair shops, small electronics repair;
(kkk) Restaurants;
(lll) Retail sales, specialty and gift shops; ski tuning; bike assembly
(mmm)service and social clubs;
(nnn) Service Stations;
(ooo) Studios (music, dancing, photography, movie, art and broadcasting)
(ppp) tailor, seamstress, clothing alterations
(qqq) tattoo parlor, body piercing
(rrr) Temporally Divided Dwelling
(sss) theaters;
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(ttt) trade schools and colleges;
(uuu) Transit Shelter;
(vvv) Wireless Telecommunications Equipment;
(www) Wireless Telecommunications Facilities;
(xxx) Wireless Telecommunications Services;
(yyy) Vacation Clubs;
(zzz) Uses which the Director determines to be similar.
Community Development means the Town of Avon Department of Community Development.
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.
Comprehensive Plan means the Comprehensive Plan, Town of Avon, Colorado, effective as of
date the Town approved the Original PUD.
Condominium means any group of Condominium Units developed as a unitary project within a
Site on which one or more Buildings are located.
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.
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.
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.
Design Review Guidelines means The Village (at Avon) Design Review Guidelines dated March
15, 2011, as may be further amended and/or supplemented from time to time, and as prepared,
approved and promulgated by the Design Review Board and which establish the sole and exclusive
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architectural design, landscape design, urban design and site design standards applicable within
The Village (at Avon).
Design Review Board means The Village (at Avon) Design Review Board as appointed or elected
in accordance with the Design Covenant.
Developer Affiliates means, collectively, together with their respective successors and assigns and
together with any other entity with respect to which Traer Creek LLC is the managing member
and which acquires title to any portion of the Property after the Effective Date, Traer Creek-RP
LLC, EMD Limited Liability Company, Traer Creek Plaza LLC, Traer Creek-HD LLC and Traer
Creek-WMT LLC.
Development Agreement means the Consolidated, Amended and Restated Annexation and
Development Agreement for The Village (at Avon) concerning the Property dated as of
_________________, 20___,October 22, 2013, as amended from time to time.
Development Code means Title 7 of the Municipal Code, as amended from time to time, unless
otherwise stated.
Development Plan means, as referenced in Section A.4(b) of this PUD Guide, collectively, (i) this
PUD Guide (together with each Exhibit hereto), as may be amended from time to time; and (ii) the
Development Agreement, as may be amended from time to time.
Development Standards means the planning requirements and regulations governing the
development of the Property as set forth in Section D, Development Standards within The Village
(at Avon) PUD, and Section I, Supplemental Regulations, of this PUD Guide.
Director means the Director of Community Development.
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.
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.
Driveway means a constructed vehicular access serving one (1) or more properties and connecting
directly to a public or private road.
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.
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
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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.
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), Primary/Secondary Dwelling or Major or
Minor Home Occupation.
Dwelling Unit(s) means one or more rooms 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 and having not more than one (1) primary
indoor kitchen (provided that secondary “kitchenettes” such as butler kitchens, catering kitchens,
bar kitchens and the like shall not be deemed to be primary kitchens) and at least one (1) bathroom.
Effective Date means ____________________, 20___August 1, 2014, the effective date of the
Amended and Restated PUD Guide, and is intentionally distinguished from Original Effective
Date.
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.
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. § 26-6-106(2)(p).
Final Plat means a final subdivision plat for the Property, or any portion thereof, including any
replats thereof or amendments thereto, approved by the Town pursuant to Section G of this PUD
Guide and/or Section 7.16.070 of the Development Code, as applicable.
Finished Grade means the final elevation of the ground surface after development.
Grocery Store means a retail establishment which primarily sells food for home consumption,
beverages and other convenience and household goods.
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 exterior surface of outside walls.
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.
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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.
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.
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. Hospitals expressly exclude Uses not incorporated into an institution providing health
services primarily for human inpatient medical or surgical care, including without limitation, the
following: long-term care facilities, group and congregate care facilities, nursing homes, assisted
and independent living facilities, clinics, laboratory, medical and dental offices, urgent care,
rehabilitation centers and x-ray/MRI centers.
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.
Industrial Use(s), Heavy or Light means:
(i) 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).
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(ii) with respect to Light Industrial Uses, those uses engaged in the manufacturing,
predominantly from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, packaging, incidental
storage, sales or distribution of such products. Further Light Industrial Uses shall
mean uses such as the manufacture of electronic instruments, preparation of food
products, pharmaceutical manufacturing, research and scientific laboratories or the
like. Light Industrial Uses shall not include uses such as mining and extracting
industries, petro-chemical industries, rubber refining, primary metal, or related
industries.
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.
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 I.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.
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.
Landowner means the owner(s) of fee simple title to a Block, 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.
Landscaped Area means that portion of a Site 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; structural features, such as fountains, reflecting pools, art works, screen
walls, fences and benches; and pedestrian hardscaping features such as sidewalks and plazas; but
shall not include parking areas and drive lanes.
Lodging Square Footage has the meaning set forth in Section B.8(i)(i) of this PUD Guide.
Lot(s) means a parcel of real property as shown with a separate and distinct “lot” number or letter
on a Final Plat.
Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in
acres or in square feet.
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Main Street means, as described and conceptually depicted in Exhibit F of this PUD Guide, the
primary east-west roadway connecting Post Boulevard to Chapel Place.
Manufactured Home means a Single-family Dwelling which is: partially or entirely manufactured
in a factory; at least twenty-four (24) feet wide and thirty-six (36) feet long; permanently affixed
to and installed on an engineered permanent foundation; covered by a pitched or cosmetically
equivalent roof and brick or wood exterior siding; in compliance with HUD or UBC standards, as
applicable, or meets or exceeds equivalent requirements and performance engineering standards.
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. The Developer Affiliates have designated the Master
Developer to act on behalf of themselves and their respective successors in interest with respect to
and for all purposes of this PUD Guide. The Developer Affiliates may designate a replacement
Master Developer from time to time, or may terminate the role of the Master Developer, by
delivery of written notice thereof to the Town and to Traer Creek Metropolitan District, its
successors or assigns, which is signed by a majority of the Developer Affiliates owning any part
of the Property as of the date of such notice. Any replacement Master Developer must be an entity
that is a Developer Affiliate. The designation of a replacement Master Developer or termination
of the role of Master Developer by the Developer Affiliates shall not require an amendment to this
PUD Guide and shall not require the consent of the Town.
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.
Minimum Design Guideline Standards means the minimum design guideline standards for The
Village (at) Avon set forth in Exhibit E of this PUD Guide.
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.
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.
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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).
Municipal Code means the Town’s Municipal Code, as amended from time to time, unless
otherwise stated.
Natural Grade means the elevation of the ground surface in its natural state, before man-made
alterations.
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, as in effect
on the Effective Date.
Off-street Parking Area means all off-street areas and spaces designed, used, required or intended
to be used for the parking, storage or operation of motor vehicles, including Driveways or access
ways in and to such areas, but not including any Outdoor Storage area used principally for storage
of recreational vehicles, landscaping materials or other bulk items, or public streets and
rights-of-way.
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.
Original Effective Date means October 13, 1998, and is intentionally distinguished from Effective
Date.
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.
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.
Parking Regulations means, as set forth in Exhibit C to this PUD Guide, the sole and exclusive
Development Standards regulating parking within The Village (at Avon) PUD, which expressly
supersede any additional or conflicting provisions of the Municipal Code (including but not limited
to the parking standards set forth in Chapter 7.28 of the Development Code, including without
limitation, any additional or conflicting such provisions.
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.
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Planning and Zoning Commission means the Town’s Planning and Zoning Commission.
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.
Planning Department means the Town’s Planning Department.
Preliminary Engineering means the following submittals in connection with certain future street
improvements within The Village at (Avon) as described in Section A.4(g) 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.
Preliminary Plan means a preliminary subdivision plat for the Property, or any portion thereof,
approved by the Town pursuant to Section G of this PUD Guide and/or Section 7.16.070 of the
Development Code, as applicable.
Primary/Secondary Structure means a structure that consists of two Dwelling Units within a single
fee simple estate: one primary unit (containing the Principal Use) and one secondary unit (i.e, a
“mother-in-law suite,” carriage house or caretaker’s quarters). The primary unit must be a Single-
family Dwelling. Within all Planning Areas, the secondary unit can be no more than 25% 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. For all purposes under this
PUD Guide, the primary unit and secondary unit, whether attached or detached, shall be counted
as two Dwelling Units.
Principal Use means the primary or main Use of a Site or Structure as distinguished from a
subordinate or Accessory Use.
Prior Amendments has the meaning set forth in Section A.2(cb) of this PUD Guide.
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.
Prohibited Use means a Use which is 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.
Property means the real property commonly known as The Village (at Avon) PUD, the boundaries
of which are legally described in Exhibit A to this PUD Guide.
Property Line means the boundary of any Lot, Block, 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.
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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.
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 applicable
Application as contemplated by Section 7.32.100 of the Development Code.
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 the
Development Agreement.
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.
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)).
PUD Guide means this The Village (at Avon) Second Amended and Restated PUD Guide dated
November 7, 2012,______________, 2018, and all exhibits attached hereto.
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).
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.
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.
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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.
Residential Use means the Use of a Building (or applicable portion thereof) for purposes of a
Single-family Dwelling, Duplex Dwelling, Multi-family Dwelling, Minor or Major Home
Occupation (portion of the Building not used for Commercial or Industrial Uses),
Primary/Secondary Structure or Group Home.
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:
(i) With respect to “drive-through” Restaurants, allows food or beverages to be served
directly to the customer in a motor vehicle without the need for the customer to exit
the motor vehicle.
(ii) With respect to “fast food” Restaurants:
(a) Food and beverages are usually served in paper, plastic or other disposable
containers;
(b) 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
(c) Drive-through facilities are allowed, subject to Design Review Board
review and approval of Site-internal traffic patterns, Site-internal vehicle
stacking areas, and entrance and exit locations.
(iii) 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:
(a) 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
(b) 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.
Required Street Connections has the meaning giving it in Section G.5(b) of this PUD Guide.
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
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Use Convenience Retail, fast food Restaurants, drive-through Restaurants, and/or automated or
self car washes.
Settlement Term Sheet has the meaning set forth in Section A.2(bc) of this PUD Guide.
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.
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 or any other form of
designation or combination of designations of specifically described areas of land that are
otherwise eligible to be developed under the terms of this PUD Guide and applicable law.
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 an assemblage of Lots, the
gross area contained with the entire Site).
Special Review Use means a Use or Uses permitted to be developed or conducted within The
Village (at Avon) PUD only upon further Town review and approval of such Use in accordance
with and subject to compliance with the terms and conditions of Section E 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(h) 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.
Story(ies) means a space in a Building between two adjacent floors or between a floor and an
adjacent roof, excluding vaulted spaces with or without a floor, outdoor area, rooftop patios/decks
and similar spaces, and excluding any Story which has a ceiling height that is less than 6 feet above
Finished Grade (e.g., basements, garden level basements and underground parking garages).
Where grades are necessary to be lowered to allow for vehicular parking garage access or
pedestrian access into a Story which has a ceiling height that is less than 6 feet above Finished
Grade, Finished Grade shall be assumed at a level as if these accesses did not exist (e.g., Finished
Grade level on either side of the access).
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.
Subdivision Regulations means Section 7.16.070 of the Development Code, as modified and/or
superseded by the provisions of Section G of this PUD Guide.
Supplemental Hotel Design Standards has the meaning given it in Section I.9 of this PUD Guide.
The Village (at Avon) PUD means the zone district authorized for the Property by the Town, and
which constitutes the sole and exclusive zoning regulations applicable within the Property and
expressly supersedes any additional or conflicting provisions of the Municipal Code, as superseded
or modified by the Development Plan.
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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.
Temporary Use means any Use that is not classified as a Permitted Use, Special Review Use or
Interim Use with respect to the applicable Planning Area, and which is permitted in accordance
with Section 7.24.080 of the Development Code (Temporary Uses and Structures).
Town means the Town of Avon, a municipal corporation of the State of Colorado.
Town Council means the Town Council of the Town.
Tract means a parcel of real property as shown with a separate and distinct “tract” number or letter
on a Final Plat.
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.
Transportation Master Plan. The Transportation Master Plan adopted by the Town, as may be
amended from time to time.
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.
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(h) of this PUD Guide and/or 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.
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:
(i) Residential Uses.
(ii) Commercial Uses.
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(iii) Industrial Uses.
(iv) Interim Uses.
(v) Mixed Use Projects.
(vi) Public Facilities.
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.
Vested Property Right(s) has the meaning set forth in Section 2.4 of the Development Agreement.
Vested Property Rights Regulations means Section 7.16.140 of the Development Code, as
modified by this PUD Guide.
Vested Property Rights Statute means Sections 24-68-101 et seq. of the Colorado Revised Statutes
as in effect on October 13, 1998.
Wildlife Mitigation Plan means, as set forth in Exhibit D to this PUD Guide, the sole and exclusive
Development Standards for wildlife mitigation measures applicable within The Village (at Avon)
PUD, and which expressly supersedes any additional or conflicting provisions of the Municipal
Code.
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 Equipment 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.
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.
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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EXHIBIT I
Section 7.16.070 of Development Code
7.16.07 Subdivisions.
The purpose of the subdivision review procedures is to ensure compliance with all the standards and
requirements in this Development Code and encourage quality development consistent with the goals,
policies and objectives in the Comprehensive Plan.
(a) Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering
Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning,
dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums,
apartments or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions
that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past
is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions
of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these
regulations. If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter
is subdivided so as to create a different type of subdivision (for example, conversion of a condominium
subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this
Development Code. Unless the method of disposition is adopted for the purpose of evading the
requirements of the Development Code, this procedure shall not apply to any division of land that:
(1) Is created by a lien, mortgage, deed of trust or any other security instrument;
(2) Is created by any interest in an investment entity;
(3) Creates cemetery lots;
(4) Creates an interest or interests in oil, gas, minerals or water that are severed from the surface
ownership of real property;
(5) Is created by the acquisition of an interest in land in the name of a husband and wife or other
persons in joint tenancy or as tenants in common of such interest. For the purpose of this Paragraph,
any interest in common owned in joint tenancy shall be considered a single interest;
(6) Creates a leasehold interest with a term of less than twenty (20) years and involves no change
in use or degree of use of the leasehold estate;
(b) Subdivision Categories. Categories of subdivisions are established and defined as follows for the
purpose of determining the appropriate subdivision review procedure:
(1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4)
or more separate parcels of land or which would require or which propose public improvements.
(2) Minor Subdivision. Minor subdivisions include all subdivisions which would create less than
four (4) separate parcels of land, subdivisions which do not require or propose public improvements,
subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded
subdivision plat and subdivisions which move any lot lines by more than two (2) feet; but shall not
include subdivisions which are administrative subdivisions. Condominiums and timeshare
subdivisions more than four (4) units which do not propose public improvements shall be processed as
minor subdivisions.
ATTACHMENT B
I-2
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
(3) Administrative Subdivisions. Administrative subdivisions are subdivisions which include
dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors,
condominium and timeshare subdivisions up to four (4) units and subdivisions which adjust lot lines
by two (2) feet or less and which do not change the number of lots. The Director shall have the authority
to determine that an administrative subdivision application shall be processed as a minor subdivision
where the character of the subdivision application or multiple applications presents issues which
warrant review and approval by the Town Council. All administrative subdivisions are exempt from
notice requirements outlined in Subsection 7.16.020(d).
(c) Review Procedures. Applications for a subdivision shall follow the general review procedures set
forth in Section 7.16.020, General Procedures and Requirements. Applications for subdivision must be
initiated by the owner of the real property. The Director may combine preliminary plan and final plat
review where the subdivision application can be reviewed efficiently and effectively with a combined
process. Where subdivision approval will be required to implement development in a proposed PUD, the
applicant shall file a single preliminary plan incorporating the application requirements of both the PUD
and subdivision preliminary plans. The provisions and procedures for public notice, hearing and review
for a PUD as prescribed in the Development Code shall apply to the application.
(d) Review Authority. The review authority for a subdivision application shall be determined by the
subdivision category.
(1) Major Subdivision. Major subdivisions shall be required to obtain approval for a preliminary
plan and for a final plat. The PZC shall review a preliminary plan for a major subdivision application
and shall provide a recommendation to the Town Council after conducting a public hearing. The Town
Council shall render the final decision on a preliminary plan for a major subdivision application after
conducting a public hearing. The Town Council shall review the final plat for major subdivision
applications and render a final decision after conducting a public hearing. The preliminary plan and
final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council.
(2) Minor Subdivision. Minor subdivisions shall require final plat review and approval only
where no public improvements are proposed; however, the review criteria for a preliminary plan shall
apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The
Town Council shall render the final decision on a minor subdivision application after conducting a
public hearing. Minor subdivisions shall be approved by resolution or ordinance of the Town Council.
(3) Administrative Subdivisions. Administrative subdivisions shall require final plat review and
approval only; however, the review criteria for a preliminary plan shall apply to review of
administrative subdivisions in addition to the review criteria for a final plat. The Director shall review
and render decisions on administrative subdivisions. A decision of the Director may be appealed to the
Town Council pursuant to Section 7.16.160, Appeal.
(e) Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria
as the basis for recommendations and decisions on applications for preliminary plan subdivision
applications:
(1) The proposed subdivision shall comply with all applicable use, density, development and
design standards set forth in this Development Code that have not otherwise been modified or waived
pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets.
Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with
such development and design standards difficult or infeasible;
ATTACHMENT B
I-3
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
(2) The subdivision application shall comply with the purposes of the Development Code;
(3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other
community planning documents;
(4) The land shall be physically suitable for the proposed development or subdivision;
(5) The proposed subdivision shall be compatible with surrounding land uses;
(6) There are adequate public facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads and will be conveniently located in relation to
schools, police, fire protection and emergency medical services;
(7) The proposed utility and road extensions are consistent with the utility’s service plan and are
consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan;
(8) The utility lines are sized to serve the ultimate population of the service area to avoid future
land disruption to upgrade under-sized lines;
(9) The subdivision is compatible with the character of existing land uses in the area and shall not
adversely affect the future development of the surrounding areas;
(10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master
Plan as reflected in the approval of that PUD;
(11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide
a “conditional capacity to serve” letter for the proposed subdivision;
(12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services
within the proposed subdivision shall be designed in a way that minimizes the amount of land
disturbance, minimize inefficiencies in the development of services, maximizes the amount of open
space in the development, preserves existing trees/vegetation and riparian areas, protects critical
wildlife habitat and otherwise accomplishes the purposes of this Development Code.
(13) Evidence that provision has been made for a public sewage disposal system or, if other
methods of sewage disposal are proposed, adequate evidence that such system shall comply with state
and local laws and regulations;
(14) Evidence that all areas of the proposed subdivision that may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified by the applicant and
that the proposed use of these areas are compatible with such conditions or that adequate mitigation is
proposed;
(15) The subdivision application addresses the responsibility for maintaining all roads, open spaces
and other public and common facilities in the subdivision and that the Town can afford any proposed
responsibilities to be assumed by the Town;
(16) If applicable, the declarations and owners’ association are established in accordance with the
law and are structured to provide adequate assurance that any site design standards required by this
Development Code or conditions of approval for the proposed subdivision will be maintained or
performed in a manner which is enforceable by the Town; and
ATTACHMENT B
I-4
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
(17) As applicable, the proposed phasing for development of the subdivision is rational in terms of
available infrastructure capacity and financing.
(f) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an
application for a final plat. The following criteria shall apply to review of a final plat subdivision
application:
(1) The Town Engineer shall compare the legal description of the subject property with the County
records to determine that:
(i) The property described contains all contiguous single ownership and does not create a
new or remaining unrecognized parcel of less than thirty-five (35) acres in size;
(ii) The lots and parcels have descriptions that both close and contain the area indicated; and
(iii) The plat is correct in accordance with surveying and platting standards of the State.
(2) The final plat conforms to the approved preliminary plan and incorporates all recommended
changes, modifications and conditions attached to the approval of the preliminary plan;
(3) The final plat conforms to all preliminary plan criteria;
(4) The development will substantially comply with all sections of the Development Code;
(5) The final plat complies with all applicable technical standards adopted by the Town; and
(6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water,
sewer, electric, gas and telecommunication facilities.
(g) Public Improvements Guarantee. Guarantees for public improvements shall comply with
Subsection 7.32.100(c).
(h) Revocation. An approval of a final plat is revoked pursuant to this Section.
(1) Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be
recorded within ninety (90) days from the date of approval and acceptance of the Council. In the event
that the plat is not recorded, the approval of the Council shall be deemed to be void and such plat shall
not thereafter be recorded, unless and until the Mayor executes a written authorization for recording
the final plat.
(2) Vacation. The final plat approval shall include a determination of a reasonable time by which
the project should be completed. All plats given final approval shall contain a notation indicating the
date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable
time by which the project should have been completed. A plat or any portion thereof that has been
finally approved by the Council and has been recorded shall be subject to vacation proceedings if the
project that is the subject of the subdivision is not completed within the time set by Council.
(3) Extension. Extensions of the time limit for project completion may be obtained from the
Council for good cause shown, upon request by the applicant or owner of the tract, if made before the
vacation proceedings are instituted. (Ord. 10-14 §3)
ATTACHMENT B
1
Traffic Memorandum
To: Mauriello Planning Group, LLC
Attn: Dominic Mauriello
PO Box 4777
Eagle, CO 81631
From: Kari J. McDowell Schroeder, PE, PTOE
Date: May 8, 2018
Re: Village at Avon Planning Area F Amendment
Trip Generation Scenarios
Avon, Colorado
Project Background:
The applicant is proposing a PUD amendment for the modifications to the development standards for
Planning Area F, the Village at Avon. This analysis looks at the anticipated traffic volumes associated with
multiple development scenarios.
Proposed Land Use Trip Generation:
Five trip generation scenarios were explored, as described below. At this time, no pass-by traffic, internal
capture for mixed used developments, or multi-modal reductions have been taken, as these require
greater detail of the site layout and circulation to provide realistic results. It is anticipated that the trip
generation will be reduced slightly when these factors are applied.
Option 1 - Current PUD Maximum Residential Development: This option represents the total trip
generation that would occur based upon the current PUD, with a maximum amount of residential
development. For this purpose, The Institute of Transportation Engineer’s (ITE) national rates from the
10th Edition of the Trip Generation Manual for Land Use #211 Multifamily Housing (Mid-Rise) and #820
Shopping Center were used to estimate trips that would be generated by the current PUD.
Option 1, Current PUD Maximum Residential Development, includes 234 dwelling units and 234,000 sq.
ft. of commercial space. Option 1 is estimated to generate 11,988 vehicles on the average weekday. It is
estimated to generate 794 vehicles during the morning peak hour, and 1,128 vehicles during the evening
peak hour. It will generate 1,317 vehicles during the Saturday peak hour.
Option 2 - Current PUD Mid-Range Development: This option represents the total trip generation that
would occur based upon the current PUD, with a lower density of the approved development occurring.
It represents a “mid-range” level of development. For this purpose, The Institute of Transportation
Engineer’s (ITE) national rates from the 10th Edition of the Trip Generation Manual for Land Use #211
Multifamily Housing (Mid-Rise) and #820 Shopping Center were used to estimate trips that would be
generated by the current PUD.
ATTACHMENT C
2
Option 2, Current PUD Mid-Range Development, includes 100 dwelling units and 100,000 sq. ft. of
commercial space. Option 2 is estimated to generate 6,554 vehicles on the average weekday. It is
estimated to generate 390 vehicles during the morning peak hour, and 607 vehicles during the evening
peak hour. It will generate 668 vehicles during the Saturday peak hour.
Option 3 - Proposed 100% Residential 25 Units per Acre: This option represents the total trip generation
that would occur based upon a PUD amendment that would allow up to 25 residential units per acre. For
this purpose, The Institute of Transportation Engineer’s (ITE) national rates from the 10th Edition of the
Trip Generation Manual for Land Use #211 Multifamily Housing (Mid-Rise) were used to estimate trips
that would be generated by the PUD amendment.
Option 3, Proposed 100% Residential 25 Units per Acre, includes 325 dwelling units. Option 3 is estimated
to generate 1,766 vehicles on the average weekday. It is estimated to generate 93 vehicles during the
morning peak hour, and 116 vehicles during the evening peak hour. It will gen erate 143 vehicles during
the Saturday peak hour.
Option 4 - Proposed 100% Residential 22 Units per Acre: This option represents the total trip generation
that would occur based upon a PUD amendment that would allow up to 22 residential units per acre. It
would also include 2,000 sq. ft. of commercial space. For this purpose, The Institute of Transportation
Engineer’s (ITE) national rates from the 10th Edition of the Trip Generation Manual for Land Use #211
Multifamily Housing (Mid-Rise) and #820 Shopping Center were used to estimate trips that would be
generated by the PUD amendment.
Option 4, Proposed 100% Residential 22 Units per Acre, includes 285 dwelling units and 2,000 sq. ft. of
commercial space. Option 4 is estimated to generate 1,969 vehicles on the average weekday. It is
estimated to generate 166 vehicles during the morning peak hour, and 138 vehicles during the evening
peak hour. It will generate 155 vehicles during the Saturday peak hour.
Option 5 - Proposed with Maximum Residential (22 units per acre) and Maximum Commercial (30%): This
option represents the total trip generation that would occur based upon a PUD a mendment that would
allow up to 22 residential units per acre, and also utilize the maximum allowed commercial space of 30%.
For this purpose, The Institute of Transportation Engineer’s (ITE) national rates from the 10th Edition of
the Trip Generation Manual for Land Use #211 Multifamily Housing (Mid-Rise) and #820 Shopping Center
were used to estimate trips that would be generated by the PUD amendment.
Option 5, Proposed 100% Residential 22 Units per Acre and Maximum Commercial (30%), includes 285
dwelling units and 85,500 sq. ft. of commercial space. Option 5 is estimated to generate 6,954 vehicles on
the average weekday. It is estimated to generate 396 vehicles during the morning peak hour, and 608
vehicles during the evening peak hour. It will generate 673 vehicles during the Saturday peak hour.
ATTACHMENT C
3
The trip generation analysis calculations can be seen in Table 1, attached as an enclosure.
Figure 1 shows graphically the average weekday traffic comparison of the four options:
Figure 1: Chart showing Average Weekday Traffic
Figure 2 shows graphically the peak hour traffic comparison of the four options:
Figure 2: Chart showing Peak Hour Traffic 11,9886,5541,7661,9696,954OPTION 1 OPTION 2 OPTION 3 OPTION 4 OPTION 5
TRAFFIC VOLUMES IN VEHICLES PER DAY (VPD)
AVERAGE WEEKDAY TRAFFIC
409201256719138518968992055733087079314555299465929468134670773466363227378327OPTION 1 OPTION 2 OPTION 3 OPTION 4 OPTION 5
TRAFFIC VOLUMES IN VEHICLES PER HOUR (VPH)
PEAK HOUR TRAFFIC
AM Inbound AM Outbound PM Inbound PM Outbound Sat Inbound Sat Outbound
ATTACHMENT C
4
Summary:
The four options presented here are shown to represent the relative volume of traffic between the
options. Options 2, 3, and 4 will produce less traffic than the maximum development allowed by the
current PUD. At this time, no pass-by traffic, internal capture for mixed used developments, or multi-
modal reductions have been taken, as these require greater detail of the site layout and circulation to
provide realistic results. It is anticipated that these factors will slightly lower the trip generation.
Please call if you would like any additional information or have any questions regarding this matter.
Sincerely,
McDowell Engineering, LLC
Kari J. McDowell, PE, PTOE
Traffic Engineer
Enc: Table 1 – Project Trip Generation
ATTACHMENT C
Table 1 ‐ The Village at Avon, Tract F
Project Trip Generation 4
Estimated Project‐Generated Traffic1
ITE Code Trips
(VPD)
%
Trips Trips %
Trips Trips %
Trips Trips %
Trips Trips %
Trips Trips %
Trips Trips
#221 ‐ Multifamily Housing (Mid‐Rise) 234 DU 1,271 27% 19 73% 52 60% 53 40% 35 49% 51 51% 54
#820 ‐ Shopping Center 234 kSF 10,717 54% 390 46% 333 50% 520 50% 520 52% 630 48% 582
11,988 409 385 573 555 681 636
#221 ‐ Multifamily Housing (Mid‐Rise) 100 DU 542 27% 10 73% 26 60% 26 40% 17 49% 24 51% 25
#820 ‐ Shopping Center 100 kSF 6,012 54% 191 46% 163 50% 282 50% 282 52% 322 48% 297
6,554 201 189 308 299 346 322
#221 ‐ Multifamily Housing (Mid‐Rise) 325 DU 1,766 27% 25 73% 68 60% 70 40% 46 49% 70 51% 73
1,766 256870467073
#221 ‐ Multifamily Housing (Mid‐Rise) 285 DU 1,549 27% 22 73% 61 60% 62 40% 42 49% 62 51% 64
#820 ‐ Shopping Center 2 kSF 420 54% 45 46% 38 50% 17 50% 17 52% 15 48% 14
1,969 679979597778
#221 ‐ Multifamily Housing (Mid‐Rise) 285 DU 1,549 27% 22 73% 61 60% 62 40% 42 49% 62 51% 64
#820 ‐ Shopping Center 85.5 kSF 5,405 54% 169 46% 144 50% 252 50% 252 52% 284 48% 263
6,954 191 205 314 294 346 327
Notes:
1 Values obtained from Trip Generation, 10th Edition, Institute of Transportation Engineers, 2017.
2 DU = Dwelling Units
3 kSF = 1,000 Square Feet
Option 5 ‐ Proposed with Maximum Residential (22 units per acre) and Maximum Commercial (30%)
Option 5 ‐ Proposed New Trips
Option 1 ‐ Proposed New Trips
Option 2 ‐ Proposed New Trips
Option 3 ‐ Proposed New Trips
Option 4 ‐ Proposed New Trips
Outbound
Option 4 ‐ Proposed 100% Residential 22 Units per Acre
4 ITE Land Use #221: Uses Average Rate Equation for Average Weekday and Saturday Peak Hour. Uses Fitted Curve Equation for AM Peak Hour and PM
Peak Hour. ITE Land Use #820: Uses Average Rate Equation for AM Peak Hour. Uses Fitted Curve Equation for Average Weekday, PM Peak Hour, and
Saturday Peak Hour.
Saturday Peak Hour
Inbound Outbound
Average
Weekday
Option 1 ‐ Current PUD Maximum Residential Development
Proposed Land Use
Units 2,3
Morning Peak Hour Evening Peak Hour
Inbound Outbound Inbound
Option 2 ‐ Current PUD Mid‐Range Development
Option 3 ‐ Proposed 100% Residential 25 Units per Acre
PROJECT NUMBER:
PREPARED BY:
DATE:
REVISED:
M1343
GWS
2018‐05‐08
ATTACHMENT C
1
From: Monique Nobil
Sent: Monday, July 09, 2018 2:18 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: Lot 1, Filing 1, Village at Avon 1000 E E Beaver Creek Blvd
Avon Town Council Member
I am writing regarding the upcoming planning and zoning commissions hearing for the property listed above.
I have lived on Eaglebend Drive for over 26 years. What is being proposed, I can only disapprove of. The increased
amount of units, all of which are now being just residential, the height increase allowed, etc I totally oppose. The
increase of foot traffic in our neighborhood will only increase with this development, not to mention the amount of road
traffic, vandalism (which has increased immensely over the past couple of years, and noise.
I am unable to attend the scheduled meeting for this, but I hope the council members take my letter on the merit in
which it is written.
Thank you
Monique Nobil
5270 Eaglebend Drive
Avon CO 81620
Monique Nobil
Nobil Properties
303-880-3129
ATTACHMENT D
1
From: Carol Krueger
Sent: Thursday, July 12, 2018 10:36 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Cc: John Krueger
Subject: Planning Area F, Village at Avon
Hello Matt:
I would like to ask that you please forward this email to Planning and Zoning, as well as the Avon Town
Council. I will be away for the 7/17/18 public hearing.
I am an owner in receipt of notice of the requested change to Planning F within Lot 1 of the Village at
Avon. The changes are extremely puzzling to me, and I do not know why the Town would consider
them. They are in complete contradiction to all of the work within Avon’s master plan which advises that
height and density should be primarily in the Town core, with height and density lessening towards the Town’s
perimeter. That is good development 101. Picking a spot away from the Town core and putting density and
height there without having any knowledge of the plans for what will be between the Town core and this
perimeter area is ad hoc and goes against the grain of all planning expertise. The only good reasons to grant
such a request would be if the Town gained one or more benefits from the approval, which is the minimum that
should happen for the Town to even be thinking of it. Ideas that come to mind:
1.Commitments for other planning areas showing logical progression of height and development.
2.Development fees.
3.Affordable housing.
4.Needed infrastructure.
5.Commitment to design review guidelines (isn’t this project exempt for whatever illogical reason?)
In absence of a pros/cons analysis that tips in the Town’s favor, I see no justification for approving this
height. We look in a vacuum on what development could occur here next to two story residential
buildings. Let’s do whatever we can to salvage the hodge podge that exists in Avon, let’s make future
development and our Town the best it can be. The residents and property owners deserve this consideration
from you. Please stand firm against this illogical and ill advised proposal.
Carol Krueger
5200 Eaglebend Drive
Avon, CO 81620
ATTACHMENT D
Sign Code Work Session 1
Staff Report –Sign Code Update
Project type: Sign Code Update
Report Date: July 17, 2018
Location:
Prepared By:
Throughout Town
David McWilliams, Town Planner
Introduction
For consideration are preliminary sections of a proposed sign code update. Staff wants to use
this as a starting point to show PZC some of the general directions it will take and to get the
conversation started for anything missing or in need or revision.
Questions for PZC
Should there be a “major” vs “minor MSP amendment process? Staff suggests that if the area,
size, and location are not drastically changed, and the MSP generally becomes more compliant
with town code, the MSP amendment should be able to be processed internally.
Projecting signs are proposed in this draft. They are not featured in Avon. Should they be included
at all?
Several other questions: Slim down Purpose?
Private warning sign limits?
Vehicular signs – we already have at least 2.
Flag regulations?
How long should banners be allowed?
Wall sign on residential High zones buildings?
Enumerated sf expansion of Sign Programs? (are allowed up to XX sf extra)
Sign Code Work Session 2
Schedule
The target completion date is November 9th.
Sign Code Update Draft Schedule
June 19, 2018
Work session: Staff presented the state of the sign code, detail changes in the law, and their
experience with administration of the program. PZC expressed their opinion on what direction
sign code amendments should take. Eric Heil presented legal considerations of the sign code.
July 17, 2018
Work Session: Staff will present a draft code to PZC for their review. Feedback given will be
used to produce a revised draft.
August 21, 2018
Work Session: Staff will present a draft code to PZC for their review. Feedback given will be
used to produce a final draft.
September 4, 2018
Public Hearing: Staff will present the final draft and PZC will vote on its recommendation for
adoption.
September 25, 2018
Town Council First Reading
October 9, 2018
Town Council Second Reading
November 9, 2018
Sign Code Adopted
1) Statement of Purpose
The purpose of this Article is to:
(a) Coordinate the type, placement, and physical dimensions of signs within the different sign districts.
(b) Preserve the right of constitutionally protected free expression, which may be displayed on signs.
(c) Promote signage that protects the safety of pedestrian and vehicular traffic.
(d) Encourage the innovative use of design.
(e) Promote high quality and weather resistant signs that are properly maintained over time, and renovated when necessary.
(f) Promote the use of signs that are aesthetically pleasing, of appropriate scale, and harmonious with the built scale.
(g) Guarantee equal treatment under the law through accurate record keeping and fair and consistent enforcement.
(h) Support the economic progress of the community by recognizing and protecting the right of those concerned to identify businesses, services, and other activities by the use of signs.
(i) Provide a reasonable balance between the right of an individual to identify a business or express a message, and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices.
(j) Recognize that instances may occur where strict application of the provisions of this Article may deprive a person of the reasonable use of a sign, and provide a procedure whereby variance from the regulations in this Article may, for good cause, be permitted.
(k) Encourage signage that advances and conforms with the policies of the Comprehensive Plan.
(l) Ensure that signage protects neighborhoods, supports economic development, and maintains the mountain town character of the community.
(m) Accomplish the above purposes by regulation of the size, quantity, construction, erection, alteration, location, use, and maintenance of signs.
2) Definitions As used in this Article, the following terms shall have the meanings indicated:
Aggregate sign area means the total sum of the area of all signs on the building or property, except those signs that are exempt from the permit requirements of this Article.
Animated sign means signs that use movement or change of lighting to depict action or create a special effect or scene.
Awning sign means a sign painted on, printed on, or attached flat against the surface of a shelter, which projects from and is supported by the exterior wall of a building, and which is constructed of non-rigid materials.
Banner means a sign made of fabric or any non-rigid material, typically having no enclosing or supporting framework.
Building Façade means the entire outer surface of an exterior wall of a building, including windows and parapets.
Building front means the lineal distance along the exterior face of a structure that abuts the lot front. A building shall be considered to have as many building fronts as the property upon which it is situated has lot fronts.
Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet.
Canopy sign means a sign that is mounted on a permanently roofed shelter covering a sidewalk, building entrance or other similar area, which shelter may be wholly or partially supported by a building, columns, poles, or braces extended from the ground.
Changeable copy sign means a sign on which the copy can be changed manually, or by electronic or mechanical devices, such as electrical or electronic time and temperature units, or digital displays. Changeable copy signs shall be classified as permanent signs.
Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street or sidewalk, and the lowest point of any sign, including framework and embellishments, extending over the grade.
Community Development Department means that department designated by the Town Council responsible for approving applications for sign installations and who is responsible for enforcement of the provisions of this Article.
Comprehensive sign plan means a plan detailing the location, size, height, materials, and/or construction of all signs to be placed on a building or site.
Construction sign means a temporary sign located on a parcel of property, on which construction activities of any type are being actively performed.
Copy means the wording on a sign surface in either permanent or removable letter form.
Digital Display or Electronic Message Center means a sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology.
Directional/informational sign means a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot.
Double-faced sign means a sign with two (2) faces, if not parallel then with an interior angle of not greater than ninety degrees (90º).
Drive-through sign means a permanent sign located along a drive-through lane.
Event sign means a temporary sign allowed as part of an approved event permit, on a parcel subject to the terms of such event permit.
Exempt sign means a sign expressly designated as exempt from the permit requirements under this Article.
Flag means any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building.
Flashing sign means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs or signs that, through reflection or other means, create an illusion of flashing or intermittent light.
Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from the ground and detached from a building. The term includes pole sign, pedestal sign, monument sign, and ground sign.
Government sign means a sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government.
Height (of a sign) means the vertical distance measured from the existing grade (at the time of sign permit application) below the sign to the uppermost point of the sign or sign structure, whichever is higher.
Illegal sign means a sign which does not meet the requirements of this Code, and which has not been designated as “legally nonconforming”.
Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Legal Nonconforming sign means a nonconforming sign designated as “legally nonconforming” under Section 4-9-19 of this Article.
Maintenance means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design, location, or structure of the sign.
Marquee means a permanent roof-like structure or canopy of rigid materials supported by, and extending from, the facade of a building.
Marquee sign means any sign attached to or supported by a marquee structure.
Multi-faced means any sign having more than two (2) faces.
Multiple business building means a building designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own entrance, either exterior or interior.
Off-premises sign means a commercial sign that does not pertain to the use of the premises on which it is located.
On-premises sign means a sign that pertains to the use of the premises on which it is located.
Owner means the owner of the property on which a sign is located. The property owner is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Community Development Department.
Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall.
Permanent sign means any sign that is permanently affixed or attached to the ground or to any structure.
Portable sign means any sign designed to be moved easily, and not permanently affixed to the ground or to a structure or building.
Private warning sign means an owner-erected sign designed to warn others of specific dangers or prohibitions on the property.
Project development sign means a temporary sign located at the site of a development
project that has received Development Plan approval from the Town.
Projecting sign means a sign, other than a wall sign, which is attached to and projects perpendicularly from a building wall a distance of twelve (12) inches or more, or is attached to any other structure in like manner, which structure was not designed for the sole support of the sign.
Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads and luminous paint.
Roof sign means a sign that is erected upon, over, or on top of any portion of the roof of a building.
Rotating sign means a sign in which the sign itself, or any portion of the sign, moves in a revolving manner. Such motion does not refer to methods of changing copy.
Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting; also knows as ‘A-frame sign’.
Sign means any object, device, display, structure, or fixture involving graphics, colors, symbols, written copy, or illumination designed for the purpose of advertising, identifying, or providing information about an establishment, a business, a service, an activity, or an organization.
Sign, area of means the entire surface area of a sign, as determined by the Town, including its facing, copy, symbols, electronic displays, background, and borders, but not including the supporting structure or decorative roofing, provided that there is no written copy on such structures.
a. Measuring Sign Area. When the surface area of a sign consists of a conventional geometric shape, such as a rectangle or an oval, the accepted mathematical formula for calculating area shall be used in determining the sign area.
b. Irregular Geometric Shapes. If a sign consists of a geometric shape without an accepted mathematical formula for calculating area, the sign area shall be calculated by enclosing the sign within a rectangle or the closest conventional geometric shape, with a maximum of three (3) enclosing shapes.
c. Projecting and Freestanding signs. The area of such signs shall have only one (1) face (the larger one) counted of each double-faced sign in calculating the area, provided that any one (1) interior angle formed by the planes of the sign faces does not exceed ninety degrees (90º). The sign area of a multi-faced sign shall be calculated by adding the area of all sign faces excepting one (1). If the area of the
sign faces differs, the smallest sign face will be the one excluded from the calculation. The area shall be the sum of the areas of each module or cabinet, including any framing, trim, or molding. c. Individual Letters or Symbols. If a sign is composed of individual letters or symbols using the wall as the background (signs without backing), the sign area shall be calculated by enclosing each word and/or symbol within a rectangle, or the closest conventional geometric shape, with a maximum of three (3) enclosing shapes. The combined area of the shapes shall be considered the total sign area.
Sign backing means any sign that is displayed upon, against, or through any material, color surface, or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure, or similar character, or group thereof, that is neither backed by, incorporated in, nor otherwise made a part of any larger display area.
Sign program means a comprehensive, narrative description of allowed sign types, and scaled drawings of any building, lot, parcel, collection of parcels or other premises, showing the number, size, description, color, materials and location of all signs thereon. It is used to create standard sign design guidelines for projects with multiple buildings or tenants.
Sign structure means any structure that supports, has supported, or is capable of supporting a sign.
Single business building means a structure or lot containing one (1) business or several related businesses under any form of ownership. If two (2) or more businesses are located in a structure or on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of this Article.
Snipe sign means a sign or poster affixed to a tree, fence or any object within a public street or right-of-way.
Statuary sign means any sign that is a three-dimensional, sculptured, or molded representation of an animate or inanimate object.
Temporary sign means a sign or display that is designed for short-term use, and that is not intended to be permanently attached to a building wall or permanently installed in the ground. Temporary Signs are signs permitted or allowed for a limited time under this Article.
Temporary freestanding sign means a temporary sign that can be placed on or inserted into the ground with a self-supporting stake or frame.
Under canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee.
Vehicular sign means a sign directly placed, affixed, or painted on a motor vehicle or trailer.
Walking sign means a commercial sign that is, or is intended to be, held by, attached, or affixed on a person.
Wall sign means a sign attached parallel to and extending not more than twelve (12) inches from the wall of a building. This definition includes painted, individual letter, cabinet signs, and signs on a marquee or canopy.
Wind-driven sign means a sign consisting of one (1) or a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.
Window sign means a sign applied or attached to a window or door that is visible and/or legible from the outside.
3) Permitted signs generally. The following signs are permitted subject to obtaining the required permits, unless it is specifically stated below that the sign is exempt from permit requirements:
(a) Commemorative signs, cornerstones, and plaques not exceeding six (6) square feet (exempt).
(b) Construction Signs, which must be removed on or before the date of issuance of a certificate of occupancy for the project.
(c) Directional/informational signs of six (6) square feet or less each or as indicated on an approved Comprehensive Sign Plan (exempt).
(d) Event signs, as part of an approved event permit.
(e) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty-five (35) feet in all zone districts except residential zones, in which the maximum height shall be twenty-five (25) feet (exempt). A maximum of two (2) flags per property.
(f) Freestanding signs.
(g) Government signs (exempt).
(h) Gravestones (exempt).
(i) Holiday displays and decorations (exempt).
(j) Private warning signs (exempt).
(k) Signs showing underground or public utilities (exempt).
(l) Wall Signs.
(m) Window Signs (exempt).
(n) Required street address signs 6 square feet and smaller are exempt from the aggregate sign area.
(o) Project development signs: The sign administrator may issue a permit for a development sign meeting these criteria: • not exceed an aggregate of sixteen (16) square feet and eight (8) feet in height, • not exceed two (2) signs per development project, • shall be removed if a construction sign is erected or if the project is no longer in the planning approval process; and • In no case shall a sign be retained for more than two (2) years unless an extension is granted by the Planning and Zoning Commission.
4) Design review criteria. The following shall be considered in reviewing proposed designs: (1) The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; (2) The nature of adjacent and neighboring improvements; (3) The quality of the materials to be utilized in any proposed improvement; (4) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; (5) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; (6) Whether the type, height, size and/or quantity of signs generally complies with the sign code or sign program, and are appropriate for the project; (7) Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation.
5) Compliance required.
It is unlawful hereafter to display, construct, erect, alter, use, or maintain any sign, except in conformance with the provisions of this Article. It is unlawful to alter, maintain, enlarge, use or display any such sign erected or constructed prior to the enactment of this Article, except in conformance with the provisions herein set forth.
6) General requirements.
(a) No person may engage in the business of erecting, altering, relocating, constructing,
or maintaining signs without a valid contractor license issued by the Town.
(b) Maintenance, installation, and placement standards.
(1) All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the Town, its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as the Article has not specifically directed the placement of a sign.
(2) Unless this Article imposes a greater restriction, the requirements for clearances and placement of signs on a building shall comply with the adopted International Code Council (ICC) Codes and local amendments.
(3) Wall signs, marquee signs, and canopy signs may be placed on any wall as appropriate. In no case, other than as part of an approved Comprehensive Sign Plan, shall any more than two (2) wall-mounted signs be placed on any one (1) building facade. Wall signs may not interrupt any architectural feature.
(4) Signs are not subject to the setback requirements of the zone district where they are located, provided that no sign, or part of the sign, shall project beyond a property line. On a corner lot, no freestanding sign may be located where it impairs the visibility for motor vehicles. A sight triangle shall be established in which no sign is erected in a manner that limits or obstructs the sight distance of motorists. Adjacent parcel owners may request to erect a common sign structure on their common lot lines if written agreement is presented as evidence to the Town, and the Town further agrees to such plan. No sign shall interfere with or obstruct sidewalks, multi-use trails, utilities, snow storage areas, or drainage facilities.
(5) Projecting signs shall not project over six (6) feet from the face of the building.
(6) All signs shall be properly maintained. Exposed surfaces shall be clean and painted as paint is required. Defective parts shall be replaced. The Director shall have the authority to order repairs or repainting as necessary.
(7) Permanent signs and sign structures shall be constructed by a professional sign manufacturer or be of similar professional quality. Metal sign components shall be noncorrosive or coated with suitable paint to prevent corrosion. Permanent signs shall be fabricated on materials that are of good quality, durable, and weather- resistant.
(8) Temporary signs shall be durable, weather-resistant, and fastened or anchored adequately. Temporary signs employing plywood as a substrate shall be of medium-density overlay plywood and shall show no signs of cracking
or peeling on the painted surfaces. Lightweight fabrics or similar materials shall be mounted securely to a rigid surface.
(9) A freestanding sign erected at the edge of a parking area or adjacent to a traffic lane shall have a barrier at the base to prevent collision between motor vehicles and the sign.
(10) No wall-mounted, projecting, marquee, awning, or canopy sign shall be located above the ceiling of the second story of a building.
(11) Signs shall be readable, with letters large enough to be legible, and with adequate contrast between the letters and the background.
(c) Vehicular signs. Vehicular signs are exempt from permits and are allowed if all of the following criteria are satisfied:
(1) The vehicle is operable and has a current valid registration; and
(2) The sign is permanently or directly applied to the vehicle itself; and
(3) Vehicles with signs permanently or directly applied must be normally and regularly used for the transport of persons, goods or services, or be in the service of a municipal, county, state, or federal agency; and
(4) Vehicles with signs must be parked or stored in areas designated for parking or vehicle storage, and must not obstruct site circulation.
(d) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Electronic messages, images, and/or changeable copy signs are permitted in the Town Core district, provided that they meet all of the following criteria:
(1) Such signs shall be equipped with automatic dimmers, which can be programmed to dim according to ambient light conditions.
7) Regulations in Residential Zoned Districts a. Residential project entrance signs. Residential project entrance signs are permitted; provided that: a. One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square feet in area and eight (8) feet in height; b. One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and eight (8) feet in height. c. One (1) wall sign is permitted per street frontage in the RH district. Total aggregate sign area of wall signs for shall not exceed twenty-four (24) square feet per development.
(d) One (1) construction sign shall be permitted for single family and duplex residences not to exceed six (6) square feet. Multi-family developments and other permitted uses in the zone district shall be permitted a maximum of three (3) construction signs per development site, not to exceed an aggregate sign area of eighteen (18) square feet. (e) Each property shall be allowed, without a permit, an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel’s listing in a multiple listing service or other real estate listing service.
8) Mixed use and Commercial Lot signs a) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per lineal foot of building front. b) Multiple business lot signs. 1. Total building or project identification sign area shall not exceed one (1) square foot per lineal foot of building front for the first thirty-two (32) feet and one-third (1/3) square foot per lineal foot of building front in excess of thirty-two (32) square feet. Total building or project identification sign area shall not exceed a maximum of sixty-four (64) square feet per lot front. 2. Each individual ground-level business, when part of a multiple business property, shall be permitted four (4) square feet of sign area in pedestrian-oriented locations or twenty (20) square feet of sign area in vehicular-oriented locations. 3. Total sign allowance for an individual business may be increased by a sign program approved by the Planning and Zoning Commission. The increased total sign allowance shall not exceed one (1) square foot of sign area per lineal foot of the portion of building front that is contiguous to the interior space occupied by the individual business. c) generally applicable sign requirements 1. Portable sandwich board signs are permitted in the Town Core District, provided that all of the following criteria are met: a. Sandwich board signs must have a well-maintained appearance, and shall not exceed three (3) feet in width or three (3) feet in height. b. Only one (1) sandwich board sign is permitted per business or organization. c. Sandwich board signs must be located within five (5) feet of the building entrance, or the building area occupied by the entity posting the sandwich board sign.
d. Sandwich board signs shall only be posted during business hours, or the operating hours of the entity posting the sign. e. Sandwich board signs shall not obstruct pedestrian walkways or parking areas, and shall not result in non-compliance with the Americans with Disabilities Act (ADA). 2. Each property shall be allowed, without a permit, an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, a maximum of four (4) signs per property at any one time, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel’s listing in a multiple listing service or other real estate listing service. 3. Window Signs shall not exceed twenty-five (25%) of the area of the window onto which they are attached. All window signs must be firmly attached to the interior surface of the window. Window signs are exempt from the permit requirements, and do not count towards the aggregate sign area. 4. A maximum of two (2) construction signs shall be permitted for each construction project not to exceed an aggregate sign area of sixteen (16) square feet.
9) Sign Programs.
(a) Sign programs are encouraged for all projects, and are required as a part of the design review process for all proposed projects. Sign programs shall be in accordance with:
(b) The purpose of a Comprehensive Sign Plan is to establish a common theme amongst signs on a building or development project to create visual harmony between the signs, and other design elements on the property.
(c) The owner, builder, or developer of a building designed for single use shall present to the Community Development Department, before the time of certificate of occupancy issuance, a Sign Program showing proposed locations of all signs.
(d) Multi-business buildings. The owner, builder, or developer of a building designed for occupation by two (2) or more businesses under separate ownership shall present to the Community Development Department, at the time of development review, a Comprehensive Sign Plan showing proposed sign locations, types, and methods of allocating sign area allowances to tenants' use.
(e) The sign program will demonstrate coordinated signage by maintaining a certain uniformity of appearance through the consistent application of three (3) out of the six (6) following elements: color, size, shape, materials, mounting, or lighting. All proposed locations of freestanding signs and building directories shall be shown. All signs shall comply with the approved comprehensive sign plan.
(f) The Community Development Department shall have authority to approve or reject all comprehensive sign plans and amendments thereto.
10) Prohibited signs. The following signs, unless otherwise stated herein, are prohibited:
(a) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person.
(b) Signs imitating or resembling official traffic or government signs or signals, or signs creating an unsafe distraction for motor vehicle operators.
(c) Signs that are in disrepair, damaged, dilapidated, inadequately maintained, or components of signs which do not function as intended – as determined by the Director.
(d) Moving, animated, revolving, or rotating signs, except for dials and gauges animated only to the extent necessary to display information.
(e) Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare; or which obstruct free ingress to or egress from a required entrance or exit way.
(f) Nonconforming Signs, except legal nonconforming signs.
(g) Neon, other gas-filled, or LED light tubes.
(h) Banners, except: (1) temporary banners as allowed as part of an approved event permit and (2) temporary banners allowed by permit under the following procedure: the owner or operator of a business or organization may apply to the Town for a temporary banner permit for display up to eighteen (18) weeks per calendar year, for one (1) week intervals. Maximum banner size is thirty-two (32) square feet. Banners shall be in good condition, without rips or tears, and all corners shall be attached to a building or a projection of a building. A business or organization may hang no more than one (1) banner at a time.
(i) Signs erected on public rights-of-way, except government signs.
(j) Wind-driven signs, air-activated graphics, or inflatable signs.
(k) Signs that utilize or incorporate searchlights.
(l) Signs mounted on the roof of a building, above canopies or eaves, or extending above the uppermost edge of a parapet wall.
(m) Walking signs, human signs, or sign spinners.
(n) Signs with auditory messages or sounds.
(o) Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches, streetlights, or placed on any public property or public right-of-way.
(p) Portable wheeled signs and portable message center signs.
(q) Billboards or Off Premises signs.
(r) Sandwich board signs, except as permitted in the Town Core Sign District.
(s) Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape.
(t) Statuary signs, except those proposed as part of a building sign, and whose area does not exceed fifty percent (50%) of the area of the sign.
(u) Projected image signs or signs with projected copy.
(v) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in color.
(w) Freestanding signs supported by a singular pole or post.
(x) Under-canopy or hanging signs that extend beyond the edge of the canopy or roof from which they are suspended.
(y) Back-lit awning signs.
(z) Internally illuminated cabinet signs with a predominantly white, off-white, or other light colored background.
PZC Recommendations: #CPA18001 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL
DATE OF DECISION: June 19, 2018
TYPE OF APPLICATION: Comprehensive Plan
PROPERTY LOCATION: Throughout Avon
FILE NUMBER: #CPA18001
APPLICANT: Town of Avon
These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.030(c):
DECISION: Recommendation that Town Council Approve the Comprehensive Plan titled: 2018 Avon
Workforce Housing Plan, with the following findings: 1) The Avon Workforce Housing Plan complies with the goals and policies of the Avon Comprehensive Plan by strengthening the policy objectives related to achieving a diverse range of housing types to serve all segments of the population; 2) The plan complies with the review criteria outlined in Section §7.16.030(e) of the Development Code; 3) The proposed plan bolsters the purpose statements of the Development Code; Purpose (n): “Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy”; and 4) The proposed plan promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals.”
ADDITIONAL RECOMMENDATIONS/COMMENTS: 1) Given the short 3-year timeframe of the Plan, PZC recommends a narrow/lower AMI range target. 2) Consider removing Right of First Refusal as a tool. 3) Consider adding rental assistance as a tool. 4) Add business outreach as an action step, and more language regarding business partners as part of the solution. 5) Concern for “missing middle” and inability to recruit and retain early to mid-career professional level staff. 6) Consider adding what the continuous funding source would be. 7) Concerned the Plan doesn’t provide guidance for PZC when reviewing site specific applications.
THESE FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL ARE HEREBY
APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
1 PZC Meeting Minutes – June 19, 2018
Planning & Zoning Commission
Meeting Minutes
Tuesday, June 19, 2018
Staff present: David McWilliams, Matt Pielsticker, Eric Heil.
I. Call to Order – The meeting was called to order at 5:00pm.
II. Roll Call – All Commissioners were present.
III. Selection of Chairperson and Vice Chairperson.
Action: Commissioner Nusbaum motioned to reappoint Commissioner Hardy to the Chairperson position,
and Commissioner Barnes to the Vice Chairperson. Commissioner Glaner seconded the motion and the
motion passed unanimously 7-0.
IV. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda.
V. Conflicts of Interest – There were no conflicts of interest divulged.
VI. Consent Agenda:
Meeting Minutes
• June 5, 2018 PZC Minutes
Records of Decision
• Major Development Plan – 254 Riverfront Lane
• Special Review Use - 228 and 238 West Beaver Creek Boulevard
Action: Commissioner Barnes motioned to approve the Consent Agenda, with an edit to the meeting
munities. Commissioner Glaner seconded the motion it carried unanimously 5-0 with Commissioner
Hardy abstaining due to absence and Commissioner Nusbaum abstaining due to illness.
VII. Workforce Housing Plan –PUBLIC HEARING – CONTINUED FROM JUNE 5, 2018
File: CPA18001
Summary: Review of the Avon Workforce Housing Plan, with recommendation and findings
prepared for Town Council final action.
Action: Commissioner Howell motioned to approve the recommendation with the following
findings:
1) The Avon Workforce Housing Plan 2018-2021 complies with the goals and policies of
the Avon Comprehensive Plan by strengthening the policy objectives related to
achieving a diverse range of housing types to serve all segments of the population;
2) The plan complies with the review criteria outlined in Section §7.16.030(e) of the
Development Code;
3) The proposed plan bolsters the purpose statements of the Development Code;
Purpose (n): “Achieve a diverse range of attainable housing which meets the housing
needs created by jobs in the Town, provides a range of housing types and price
points to serve a complete range of life stages and promotes a balanced, diverse and
stable full time residential community which is balanced with the visitor economy”;
and
4) The proposed plan promotes the health, safety, and welfare of the Avon Community
by supporting working families and building a stable community with opportunities
for families and young professionals.”
2 PZC Meeting Minutes – June 19, 2018
ADDITIONAL RECOMMENDATIONS/COMMENTS:
1) Given the short 3-year timeframe of the Plan, PZC recommends a narrow/lower AMI
range target.
2) Consider removing Right of First Refusal as a tool.
3) Consider adding rental assistance as a tool.
4) Add business outreach as an action step, and more language regarding business
partners as part of the solution.
5) Concern for “missing middle” and inability to recruit and retain early to mid-career
professional level staff.
6) Consider adding what the continuous funding source would be.
7) Concerned the Plan doesn’t provide guidance for PZC when reviewing site specific
applications.
Commissioner Golembiewski seconded the motion and it passed unanimously.
VIII. Work Session - Sign Code
Summary: Town staff outlined the process for updating the sign code, including moving it to
Chapter 7, updating desired sign typologies, and properly responding to recent court
cases.
IX. Staff Updates
X. Adjourn The meeting was adjourned at 7:24pm.
Approved this 17th Day of July 2018
SIGNED: ___________________________________________
Chairperson