TC Packet 08-14-2018 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 14, 2018
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
* AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST
MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.
4. AVON PLAYHOUSE PROJECT UPDATE (HOLLI SNYDER, COLORADO MOUNTAIN NEWS MEDIA)
(20 MINUTES)
5. ACTION ITEMS
5.1. FIRST READING OF ORDINANCE 18-14, APPROVING THE FINAL PUD APPLICATION FOR THE VILLAGE (AT AVON)
PUD, AMENDING PLANNING AREA F, VILLAGE (AT AVON) (PLANNING DIRECTOR MATT PIELSTICKER)
(40 MINUTES)
5.2. FIRST READING OF ORDINANCE 18-07, ADOPTING THE 2018 AVON WORKFORCE HOUSING PLAN
(PLANNING DIRECTOR MATT PIELSTICKER) (40 MINUTES)
5.3. FIRST READING OF ORDINANCE 18-08, ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE AVON MUNICIPAL
CODE ESTABLISHING LICENSING OF TOBACCO RETAILERS (DEPUTY TOWN MANAGER PRESTON NEILL)
(40 MINUTES)
5.4. PUBLIC HEARING SECOND READING OF ORDINANCE 18-13, APPROVING AMENDMENTS TO TITLE 15, BUILDINGS
AND CONSTRUCTION, AVON MUNICIPAL CODE, CONCERNING CONTRACTOR LICENSING AND RESIDENTIAL
INSULATION STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER) (10 MINUTES)
5.5. FIRST READING OF ORDINANCE 18-15, AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO
EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE ENERGY PRODUCTION
COMPONENTS (DEPUTY TOWN MANAGER PRESTON NEILL) (10 MINUTES)
5.6. FIRST READING ORDINANCE 18-16, AMENDING CHAPTER 10.36 OF THE AVON MUNICIPAL CODE TO ENACT
REGULATIONS FOR BICYCLES APPROACHING INTERSECTIONS (TOWN ATTORNEY ERIC HEIL) (15 MINUTES)
5.7. CONSENT AGENDA (5 MINUTES)
5.7.1. APPROVAL OF SWIFT GULCH ANTENNA LEASE AGREEMENT (PLANNING DIRECTOR MATT PIELSTICKER)
5.7.2. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE NOVEMBER 6,
2018 GENERAL ELECTION (TOWN CLERK DEBBIE HOPPE)
5.7.3. MINUTES FROM JULY 24, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
6. WORK SESSION
6.1. FRONT COUNTRY RANGER PROGRAM PRESENTATION (AARON MAYVILLE, USFS DISTRICT RANGER)
(30 MINUTES)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 14, 2018
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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7. WRITTEN REPORTS
7.1. BEAVER CREEK BOULEVARD STREETSCAPE PROJECT UPDATE (TOWN ENGINEER JUSTIN HILDRETH)
7.2. AUGUST 7, 2018 PLANNING AND ZONING COMMISSION MEETING ABSTRACT
(PLANNING DIRECTOR MATT PIELSTICKER)
7.3. UPPER EAGLE REGIONAL WATER AUTHORITY JULY 26, 2018 BOARD MEETING SUMMARY
(MAYOR PRO TEM SARAH SMITH HYMES)
7.4. I-70 COALITION DRAFT LETTER TO GUBERNATORIAL CANDIDATES AND CONGRESSIONAL REPS
(MOBILITY DIRECTOR EVA WILSON)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES)
9. ADJOURNMENT
_______________________________________________________________________________________________________________________________________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council
meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule
time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the
Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment
for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or
increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted
by Resolution No. 17-05.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: August 14, 2018
Topic: AVON PLAYHOUSE PROJECT UPDATE
Holli Snyder with Colorado Mountain News Media will attend Tuesday’s meeting to give a presentation
recapping the Avon Playhouse Project.
The Village (at Avon) Final PUD Amendment – File #PUD18004 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: August 14, 2018
Topic: FIRST READING OF ORDINANCE 18-14, APPROVING A FINAL PUD APPLICATION FOR THE
VILLAGE (AT AVON) PUD
ACTION BEFORE COUNCIL
Action on Final Planned Unit Development (PUD) amendment land use application for the Village (at
Avon) PUD.
OPTIONS
• Approve First Reading of Ordinance 18-14, thereby setting a public hearing date for September
11, 2018.
• Continue First Reading to a future meeting, pending additional information
PROPOSED MOTION
“I move to approve First Reading of Ordinance 18-14, setting a public hearing date for September 11,
2018.”
SUMMARY
At the May 8, 2018 meeting a Preliminary PUD application was conditionally approved by the Town
Council. A Final PUD application was subsequently submitted to address the Town Council’s
conditions of approval. The Final PUD went before the Planning and Zoning Commission on July 17,
2018. Consistent with the Planning and Zoning Commission’s Preliminary PUD review, they
recommended a 10% minimum commercial square footage requirement for Planning Area F.
In addition to an Ordinance (Exhibit A) drafted to approve the application as submitted, all of the
supporting application and Planning and Zoning Commission materials are attached for Town Council’s
review and consideration.
ATTACHMENTS
A – Ordinance 18-14
B - PZC Materials
Ord 18-14 Village (at Avon) Final PUD
August 14, 2018 FIRST READING Page 1 of 3
TOWN OF AVON
ORDINANCE 18-14
AN ORDINANCE APPROVING A FINAL PUD APPLICATION, AN AMENDMENT
TO THE VILLAGE (AT AVON) PLANNED UNIT DEVELOPMENT (PUD)
RECITALS
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers, authority and
privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council
has adopted Title 7 Development Code to the Town of Avon’s municipal code, which requires certain
amendments to Planned Unit Developments to be adopted by ordinance;
WHEREAS, Traer Creek-RP, LLC (“Applicant”) has submitted an application to amend the Village (at
Avon) Planned Unit Development;
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing for
preliminary planned unit development review on March 6, 2018, after publishing and posting notice as
require by law, considered all comments, testimony, evidence and staff reports provided by the Town
staff, considered such information prior to formulating a recommendation, then took action to adopt
findings of fact and make a recommendation for conditional approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings for preliminary planned
unit development review on April 10, 2018 and May 8, 2018, after posting notice as required by law,
considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking
action to adopt findings of fact and a record of decision conditionally approving the Preliminary Village
(at Avon) PUD amendment application;
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing for
final planned unit development review on July 17, 2018, after publishing and posting notice as require
by law, considered all comments, testimony, evidence and staff reports provided by the Town staff,
considered such information, then took action to adopt findings of fact on August 7, 2018, making a
recommendation for conditional approval of the Final Village (at Avon) PUD amendment application;
WHEREAS, the Town Council of the Town of Avon held public hearings for final planned unit
development review on August 14, 2018 and September 11, 2018, after posting notice as required by law,
considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking
action to adopt findings of fact approving the Final Village (at Avon) PUD amendment application;
WHEREAS, the Town Council finds that the PUD Amendment application for the Village (at Avon)
complies with the Preliminary Village (at Avon) PUD application conditions of approval;
WHEREAS, the Town Council finds the application in conformance with review criteria set forth in
Sections 7.16.060(e)(4) and (f)(5) as more particularly described in the findings of fact and record of
decision; and
EXHIBIT A to August 14, 2018 Staff Report
Ord 18-14 Village (at Avon) Final PUD
August 14, 2018 FIRST READING Page 2 of 3
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in
order to provide the public an opportunity to present testimony and evidence regarding this application and
that approval of this Ordinance on first reading does not constitute a representation that the Town Council,
or any member of the Town Council, supports, approves, rejects , or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Approval of Findings of Fact and Record of Decision. Pursuant to Section 7.16.020(f) of
the Avon Development Code, the Town Council approves findings of fact and record of decision as set forth
in Exhibit A.
Section 3. Amendment to the Village (at Avon) PUD. The Village (at Avon) Second Amended and
Restated PUD Guide is hereby approved as such amendments are set forth in Exhibit B.
Section 4. Severability. If any provision of this Ordinance, or the application of such provision to
any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions
or applications of this Ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares
that it would have passed this Ordinance and each provision thereof, even though any one of the provisions
might be declared unconstitutional or invalid. As used in this Section, the term "provision " means and
includes any part, division, subdivision, section, subsection , sentence, clause or phrase; the term
"application" means and includes an application of an ordinance or any part thereof, whether considered
or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare and energy conservation. The Town
Council further determines that the Ordinance bears a rational relation to the proper legislative object sought
to be obtained.
Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
EXHIBIT A to August 14, 2018 Staff Report
Ord 18-14 Village (at Avon) Final PUD
August 14, 2018 FIRST READING Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 14, 2018 and setting such public hearing for September 11, 2018 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 11, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
EXHIBIT A to August 14, 2018 Staff Report
The Village (at Avon) Final PUD
Findings of Fact and Record of Decision: #PUD18004 Page 1 of 2
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
FINAL PLANNED UNIT DEVELOPMENT APPLICATION
FOR THE VILLAGE (AT AVON) PUD
DATE OF DECISION: September 11, 2018
APPLICATION TYPE: Final PUD
FILE NUMBER: #PUD18004
PROPERTY LOCATION: Lot 1, Filing 1, Village at Avon
APPLICANT/OWNER: Traer Creek-RP LLC
These findings of fact and record of decision for The Village (at Avon) PUD Amendment application
(“Application”) is made in accordance with the Avon Development Code (“Development Code”)
§7.16.020(f):
FINAL PUD: The Avon Town Council hereby approves the Final PUD Application for The Village (at
Avon) PUD (“Property”), with the following Findings:
FINDINGS:
1. The Application is eligible to be processed as a Final PUD approval based on the eligibility
requirements in Section 7.16.060 (b), Eligibility Criteria, as is more particularly described in the staff
report, the recommendation of the Avon Planning and Zoning Commission, and the Application.
2. The Planning and Zoning Commission held a public hearing on July 17, 2018, after posting notice
of such public hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice,
and recommended conditional approval of the Application citing conformance with the review criteria.
3. The Avon Town Council held public hearings on August 14, 2018 and September 11, 2018, and after
posting notice as required by law, considered all comments, testimony, evidence and PZC staff
report prior to taking action on the Application.
4. The Application meets the PUD Amendment Review Criteria in Section §7.16.060(e)(4), as is more
particularly described in the staff report dated July 17, 2018, Findings of Fact and Record of Decision
of the Avon Planning and Zoning Commission, and the Application narrative dated June 6, 2018.
5. Compared to the underlying The Village (at Avon) PUD Guide development standards for Planning
Area F, the Application and modifications proposed for Planning Area F would not result in significant
adverse impacts upon other properties.
6. The Application is substantially compliant with the purpose statements of the Development Code by
providing for the orderly, efficient use of the Property, while at the same time conserving the value of
the investments of owners of property in Town.
7. Increased residential density, along with reduced commercial land use, will result in increased
pedestrian demand and usage in the area; therefore, wider sidewalks, bike lanes, pedestrian
improvements, and other street scape improvements that improve the connection of the property to
other parts of Town will mitigate the increased residential density.
EXHIBIT A TO ORDINANCE 18-14
The Village (at Avon) Final PUD
Findings of Fact and Record of Decision: #PUD18004 Page 2 of 2
8. A wider streetscape and multi-modal network, compatible with other adjacent and planned east-west
thoroughfares (i.e. Future Main Street, existing Beaver Creek Boulevard) is warranted for the Planning
Area F frontage with an appropriately sized right-of-way to facilitate these shifting trends in mobility.
CONDITION: Approval of the Final PUD Application is subject to satisfaction of the following
condition:
1. Final review of the Village (at Avon) Second Amended PUD Guide is subject to Town Attorney approval
prior to execution.
APPROVED BY MOTION on September 11, 2018.
AVON TOWN COUNCIL
By:_______________________________ Attest:____________________________
Sarah Smith Hymes, Mayor Pro Tem Debbie Hoppe, Town Clerk
EXHIBIT A TO ORDINANCE 18-14
EXHIBIT B to August 14, 2018 Staff Report
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 amendments 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 Covenants for The Village (at
Avon) and The Village (at Avon) Design Review Guidelines provide for high quality design with respect to
the built environment and preservation of open space and existing vegetation.
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 conformance 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
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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
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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.
ATTACHMENT B
3
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
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.
ATTACHMENT B
4
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
(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
ATTACHMENT B
5
1025827.19 FINAL AS CORRECTED ON 5/16/13 AND AMENDED BY ADMINISTRATIVE AMENDMENT DATED 1/9/14
1650530.5
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.
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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.
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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:
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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.
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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.
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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.
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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).
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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%
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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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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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.
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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.
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(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;
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(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
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(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
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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 generate 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 amendment 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
tel 970 476 6415
fax 888 230 9544
www.naimountain.com
245 Chapel Place, Suite C201 PO Box 8690
Avon CO 81620
Build on the power of our network.™ Over 350 offices worldwide. www.naiglobal.com
July 17, 2018
Avon Planning and Zoning Commission
RE: Traer Creek, Area F
Dear Planning Commissioners,
This letter is to reiterate the points I made at the April 10th Town Council meeting as well as a follow up letter on
May 8th. As a commercial real estate broker who has handled approximately $70m worth of leasing and sales
transactions in the town of Avon over the last five years, I believe any commercial development in the mid-valley
is unnecessary at this time, and for the foreseeable future.
There is currently approximately 120,000 square feet of vacancy in the mid-valley. The clear majority of that is
within Avon, and those are spaces ranging in size from 500 to 20,000 square feet. The town core, east, and west
areas all contain high vacancy rates. The depth to this market is very thin by normal standards, with perhaps one
or two prospects at any one time looking for space. Adding additional square footage will likely sit vacant or
cannibalize the existing space that we have.
We need to bring more residents to Avon, and the way to do that is with increased residential density. I believe
the increased residential will help fill the existing vacancies. Requiring unviable commercial development will
provide no economic benefit to the town and will likely stall or prohibit much needed residential development.
When more residential has been developed in the Village and other areas of Avon, then it would probably make
most sense for valley floor commercial to be built on planning Area A next to Chapel Square, and closest to the
existing core. Please support the Traer Creek Area F proposal.
Best Regards,
Erich Schmidt
NAI Mountain Commercial – Managing Broker
ATTACHMENT D
Dear Avon Planning and Zoning Commission,
I’d like to provide my comments on the Amendment to the Village at Avon Final PUD
Application.
I am opposed to amending the maximum height on Planning Area F to 58 feet because it
would be too tall for the neighborhood. As I’ve commented before, the comprehensive
plan contemplates that the tallest buildings in Avon will be located in the West Town
Center, and heights should diminish with distance from the West Town Center. A 58
foot building on F would be 10 feet taller than the maximum height allowed on C and D,
adjacent parcels which are closer to the West Town Center. The parcels adjacent to F
across East Beaver Creek Boulevard and Post Boulevard have maximum heights of 35
feet, so a 58 foot building would be 23 feet taller than those neighboring buildings. A 58
foot building will stick out like a sore thumb in this neighborhood.
I would also like to remind P&Z that this property will not be subject to any Town design
review process and will be exempt from many of the provisions of the Avon Municipal
Code that would help ensure good development on this parcel. Exhibit G to the
Amended PUD Guide provides an extensive list of Avon Municipal Code sections that
don’t apply to the Village at Avon, including:
Impact Fees: Avon will get no additional funds to help mitigate the additional impact on
its bus service, recreational facilities, police protection, roads, etc., arising from the
additional density on this parcel. Avon should deny this amendment unless it gets
additional funds to help mitigate the impacts of the additional height, density and
residential development permitted on this parcel.
Design Review and Design Standards: Avon will have little to no control over the design
of this taller, denser development. Avon should deny this amendment unless this parcel,
with greater heights, density and visual impacts, is required to go through Avon’s design
review process.
Outdoor Lighting Standards: This taller building will not have to comply with the
outdoor lighting standards. Avon should deny additional height on this parcel unless the
improvements on F are required to comply with Avon’s outdoor lighting standards.
Approval of any Special Review Uses: Avon will have no say if the Village at Avon’s
own design review board decides to grant any special review uses on this parcel.
Consequently, the developer could install a wireless telecommunication tower on the top
of this taller building or could allow a gas station on the corner of this residential
development as its commercial component, both of which are special review uses on this
parcel. These uses would fly in the face of P&Z’s desire for this parcel to activate the
streetscape and add vibrancy to this neighborhood.
I also don’t see any public benefits to the Town for approving this PUD Amendment.
The applicant claims that the amendment will provide more customers and employees for
1
ATTACHMENT D
local businesses. If this was a public benefit, then any residential development would
meet the requirement of a public benefit. Residential development does not pay for itself,
especially in the Village at Avon, which would pay the Town only a tiny amount of sales
tax revenues generated from this property, and no transfer tax revenues, or
accommodation tax revenues. There is no guarantee that these residential units will be
small enough or affordable enough to be attainable by local residents. These residential
units could be targeted to second homeowners who might only stay in them a few weeks
a year, providing few benefits to Avon, but adding greater impacts on Avon’s services
and infrastructure.
I find it ironic that the Applicant wants to amend the PUD to reflect current market
conditions, but doesn’t allow the Town of Avon to use its current Comprehensive Plan to
determine the compatibility of the requested changes with the Town’s own master plan.
If this Applicant wants changes to the PUD, then it should agree that those changes need
to be compatible with the Town’s current Comprehensive Plan, not the 1996
Comprehensive Plan.
I would suggest that any increased density on Planning Area F, reduce density in the
Village at Avon mountain lots. The Applicant claims that density should be placed on
the valley floor, so let’s have a corresponding reduction of density in the more delicate
environment of the mountain lots.
Also, be very careful with the changes the Applicant is trying to make to the PUD Guide.
For instance, I don’t see why stairs, hallways balconies, storage areas, mechanical rooms
and elevators should be deleted from residential square footage. I also don’t see why
commercial square footage of 1,000 square feet for every 150,000 square feet of
residential square feet needs to be added in only 1,000 square foot increments. If there is
at least 150,000 square feet of residential square footage, then any additional residential
square footage should accrue a proportional amount of commercial square footage. The
Town gave away the farm when it approved this development. The Settlement
Agreement only made it worse. Please don’t make this development any worse for the
Town than it already is. This is Avon’s opportunity to get some public benefit from this
development.
The Village at Avon development has taken advantage of this community and has been a
drain on our community’s resources. This dysfunctional development uses litigation as a
weapon, and often chooses to fight rather than fulfill its obligations. The Village at
Avon development failed to pay Avon for municipal services, leading to a lawsuit with
the town. The Village at Avon development failed to reimburse Corum for expenses it
incurred on the developer’s behalf to complete Buffalo Ridge, leading to a lawsuit with
Corum. The Village at Avon developer insisted on building its own water tank which has
subsequently failed, leading to more litigation. With every new twist and turn of this
development, more and more costs must be subsidized by the citizens of this valley. I
would recommend denying any amendment to the Village at Avon PUD unless the
Town of Avon gets something material and immediate in return.
2
ATTACHMENT D
Thank you for your attention to my concerns and for your service to our community.
Best regards,
Kristi Ferraro
Avon Citizen and Voter
3
ATTACHMENT D
1
Dear Planning and Zoning Commission:
I oppose Traer Creek-RP LLC’s Final PUD Amendment for Planning Area F in the Village
at Avon.
The developer attempts to gloss over your required Findings by saying that this
amendment for Planning Area F is just a tiny part of the behemoth PUD and therefore you
need not hold strictly to your code. This is incorrect. Read your criteria closely and you’ll
see that your Findings cannot be found.
Finding (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.”
What “unique situation”, “substantial benefit” or “creative site design” is being achieved through this PUD Amendment? I see none.
There are plenty of issues and problems with the Village at Avon PUD that could be solved, or partially solved, through this Amendment; remember that the town
has no design review in the Village at Avon, nor does the town receive any taxes or impact fees from the Village at Avon. P&Z must recommend to Council that
Avon receive a “substantial benefit” in exchange for approving this Amendment, for example, that Avon’s (not Traer Creek’s own) design review and design
standards be implemented in the PUD or at least on Planning Area F.
Finding (ii) – “The PUD rezoning will promote the public health, safety and general
welfare.”
Where is there any promotion of “the public health, safety and general welfare”
within Planning Area? I see none.
The developer is proposing densities as high as we have at Eagle Bend
Apartments and Buffalo Ridge Apartments, both essential affordable housing projects in Avon. These densities are only justified if Planning Area F is to be an
affordable housing project.
1
ATTACHMENT D
2
Also, the developer tries to justify increased density by saying that Planning Area F
is proximate to transportation routes; if it is proximate to the town and county bus that is only because the Town and the County are paying for the
transportation. Don’t forget that Traer Creek was supposed to pay for bus service
to and through its PUD but it has never done so.
Lastly, it’s an absurd notion that the Traer Creek PUD can be treated like it’s a
developer’s grab-bag of density among 2,400 dwelling units and that, as long as
they do not ultimately exceed the 2,400 d.u. cap, then they should be allowed to do
whatever they want. Reject this absurd notion and instead demand a master
development plan.
Finding (iii) – “The PUD rezoning is consistent with the Avon Comprehensive Plan, the
purposes of this Development Code and the eligibility criteria outlined in
Subsection 7.16.060(b).”
The PUD Amendment is very clearly not consistent with the 2017 Avon
Comprehensive Plan.
Having 58’-heights way out on Planning Area F is not in accordance with the
town’s Built Form goals and policies set forth in the Comp Plan; under the Comp
Plan, these “highest heights” are to be reserved for the town’s core. In addition, allowing 58’ on Planning Area F will serve as a slippery slope to allow increased
heights throughout the Village at Avon; remember that parcels surrounding Planning Area F have a maximum height of 48’ and 35’.
In addition, under the Comp Plan density at 22 dwelling units per acre is not
appropriate out on Planning Area F.
Finding (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."
Do not forget: the Traer Creek water tank still sits abandoned, un-usable and in
complete disrepair, waste and nuisance. You must recognize that Traer Creek’s
broken water tank is a huge burden on our whole valley and its hydrology system –
one that the Town of Avon, including P&Z, is enabling by not enforcing its own
development code!
Traer Creek continues to drag Eagle River Water & Sanitation District through the
courts, at huge taxpayer expense, instead of simply causing the water tank to be
fixed. The water tank was promised to our whole community years ago… the soils, tank pad and tank failed Memorial Day weekend 2015, and yet this developer has
refused to abide by its warranty to ERWSD and make its subcontractors fix the tank. Without a usable water tank, there is no way P&Z can make Finding No. 4 in
accordance with your development code.
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ATTACHMENT D
3
Finding (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.”
The developer is fond of pointing to the Traer Creek PUD as a whole (especially in grabbing density for Area F within the ambiguously-allocated 2,400 d.u. maximum)
and so I urge you to similarly look at the PUD as a whole. Granted the corner where Planning Area F is not the most compelling “natural environment” within the PUD,
nonetheless the air, water, noise, storm water management, wildlife and vegetationof eastern Avon must be considered.
Finding (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”.
Planning Area F will undoubtedly have a ripple effect on other properties in the
surrounding area and so you must reject the height, density, and commercial/residential square footage ratio at this point.
Finding (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.”
Be especially aware of the Special Review Uses that are allowed on Planning Area F
which are under the control of Traer Creek’s design review board, not the town.
Also, as discussed above, allowing 58’-heights here on Ara F will serve as a
slippery slope to allow increased heights throughout the Village at Avon; remember
that parcels surrounding Parcel F have a maximum height of 48’ and 35’.
Remember that Traer Creek has never submitted a master development plan and so we
are left with this ad hoc approach which will result in poor development. You, the Planning
& Zoning Commission, have an absolute obligation to enforce the town’s development
3
ATTACHMENT D
4
code and therefore I urge you to vote to Recommend Denial of this application by Traer
Creek for Planning Area F.
Thank you for your service to our town.
Sincerely,
Tamra Nottingham Underwood
Resident
Avon, Colorado
4
ATTACHMENT D
1677 Buffehr Creek Road - Vail, Colorado 81657 - 970.672.2040
August 8, 2018
Town Council
Town of Avon, Colorado
One Lake Street
P.O. Box 975
Avon, CO 81620
RE: Village at Avon – Avon, Colorado
Dear Town of Avon Council Members:
It’s my understanding that on August 14 you will be considering an amendment to the Village
at Avon PUD to allow increased residential density on one of the planning areas (F) and
reduction, if not removal of, the requirement for commercial floor area in this planning area.
I have been in conversations with the property owner about developing a luxury multi-family
community (likely rentals but possibly also some for-sale product) on a portion of the
property. My group has developed rental multi-family projects in various markets around the
country and I am currently in the process of constructing 6 West, a partially deed-restricted
rental apartment community in Edwards. This property will have 120 units on approximately
six acres of land, and I’m hoping to develop another project here in Avon.
Increasing or reallocating the density to this parcel in the Village at Avon is important to
allow the land owner to have flexibility with multi-family products, and to give the property
ultimately developed on this parcel a better chance of being successful in today’s market. The
need for multi-family housing in Eagle County is well documented, while the demand for
additional retail space has declined significantly over the last several years in Avon as well as
many other markets around the country.
Based on my knowledge of the local market, and current construction costs in the valley, it’s
my belief that requiring commercial space at this property would likely be a “deal killer” for
any developer. The real estate market in Avon will simply not support additional commercial
retail space - we all know there is currently an over-supply. If that requirement is imposed I
would not be able to move forward with discussions on this property due to the risks involved
with developing more commercial floor area in Avon that is likely to sit vacant for the
foreseeable future.
ATTACHMENT D
1677 Buffehr Creek Road - Vail, Colorado 81657 - 970.672.2040
Page Two
In summary, I would encourage you to approve this PUD amendment without imposing a
commercial floor area requirement.
Please feel free to contact me should you have questions or desire further information.
Best regards,
GORE CREEK PARTNERS, LLC
Stephen S. Spessard
CEO
ATTACHMENT D
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: August 14, 2018
Topic: FIRST READING OF ORDINANCE 18-07, APPROVING THE 2018 AVON WORKFORCE HOUSING
PLAN
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 18-07, drafted to approve the 2018 Avon
Workforce Housing Plan (“the Plan”).
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 18-07, thereby setting the public hearing date for August
28, 2018.”
UPDATES
The Plan was initially presented to Council July 10, 2018. The attached Plan has been modified based
upon the comments and direction received. In addition to numerous minor changes throughout the
document, the following list outlines the substantive changes:
- New regulations (i.e. inclusionary zoning), fee waiver program, and capital assessments for
existing deed restricted stock are prioritized in the work program – Appendix A.
- First right of refusal and land acquisition were removed from the narrative and Appendix A.
- The roles and responsibilities paragraph that speaks to Town Manager responsibilities, finance
department responsibilities, etc. was stricken.
- Inventory of 670 “workforce” units is clarified as being the number of price-controlled units; the
actual number of “workforce” housing units is much greater when the full list of affordable
properties including free-market stock is accounted for.
- For new rental opportunities the targeted AMI range was changed to 80-120 from 60-140, as “step
up” opportunities. For reference, the AMI makeup of the current residents living in Polar Star
price-controlled units is attached for your information.
Other Council general comments and responses are provided:
- Lack of Guidance for PZC site plan reviews
Staff Response: The Plan is not intended to be utilized when reviewing site plans. The
inclusionary zoning and/or commercial linkage code amendments will be reviewed by PZC and
those standards will provide guidance in the future when new developments come in.
- Is the Goal to provide housing to Avon workers or are we solving the area shortage of units?
Staff Response: The goals of the plan should not be limited to housing for workers with Avon
held jobs. Housing employees that work in other Eagle County communities is equally valuable in
creating community and stability in the local economy. Other reasons to consider keeping the
goals of the Plan flexible, and not limited to Avon-only workers:
- People change jobs frequently in the Eagle River Valley.
- We do not want the County and other jurisdictions to exclude Avon workers.
- All local deed restrictions in for-sale properties are limited to Eagle County workers. That is
not to say that future restrictions can be drafted to prioritize Avon workers.
- The overarching goal is to promote full time residents rather than excess second homes
and/or rental properties.
- AMI target range is too broad, and 60 AMI feels low given our current abundance of
price=controlled rental properties in town.
Staff Response: The targeted AMI for future rental projects has been adjusted to aim for 80-120%
AMI. Staff does not recommend limited the AMI range for new deed restricted for sale projects
since projects could have a range of AMI limits. Additionally, projects such as Habitat for
Humanity tend to have lower (i.e. 60-80 AMI) targets for working families, which in turn opens
up further funding mechanisms.
- What about aging population – plan is for active workforce and does not include entire
population.
Staff Response: The Housing Plan is devoted to worker housing development and retention.
With that being said the 2017 Comprehensive Plan includes goals and policies that support aging-
in-place and align with this comment. It should also be noted that the Town’s existing deed
restricted units do not restrict retirees so long as they occupied the unit for a period before
retirement.
BACKGROUND
Workforce housing has continually been emphasized as a priority by the Town Council. The
importance of a proactive workforce housing program was reinforced in the 2017 Comprehensive Plan
goals and policies, as well as the 2017-2019 Strategic Plan. On March 7, 2018 the Town Council
conducted a workforce housing retreat, facilitated by Willa Williford and led by housing professionals
from Eagle and Summit counties. The purpose of the retreat was to provide data regarding housing
need, review Avon’s current workforce housing stock, learn about successful workforce housing
projects in other jurisdictions, and for Council to develop actionable strategies for the Town.
Out of the retreat, a draft document was presented to the Town Council on May 8, 2018 for comments
and to gain feedback and direction to finalize the draft. After additional modifications were made to
the document it was presented to the PZC for a recommendation.
PZC REVIEW
PZC held public hearings in June before providing a formal recommendation to the Town Council.
After deliberations they provided a recommendation for approval of the Plan, with the following
comments/recommendations:
- Given the short 3-year timeframe of the Plan, PZC recommends a narrow/lower AMI range
target… concerned with trying to “be everything to everyone.”
- Consider removing Right of First Refusal as a tool.
- Consider adding rental assistance as a tool.
- Add business outreach as an action step, and more language regarding business partners as
part of the solution.
- Concern for “missing middle” and inability to recruit and retain early to mid-career professional
level staff.
- What would be a continuous funding source? Consider adding.
- Concern that this Plan doesn’t provide guidance for PZC as they review site specific
applications.
REVIEW CRITERIA
According to Section §7.16.030(e) of the Development Code, the criteria below are to be used when
evaluating the Plan. The review criteria are included here for reference; approval of a Comprehensive
Plan requires finding compliance. The draft Ordinance includes pertinent findings, including
compliance with these criteria:
1. The surrounding area is compatible with the land use proposed in the plan amendment or the
proposed land use provides an essential public benefit and other locations are not feasible or
practical;
2. Transportation services and infrastructure have adequate current capacity, or planned capacity,
to serve potential traffic demands of the land use proposed in the plan amendment;
3. Public services and facilities have adequate current capacity, or planned capacity, to serve the
land use proposed in the plan amendment;
4. The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered appropriate;
5. Strict adherence to the current plan would result in a situation neither intended nor in keeping
with other key elements and policies of the plan;
6. The proposed plan amendment will promote the purposes stated in this Development Code; and,
7. The proposed plan amendment will promote the health, safety or welfare of the Avon Community
and will be consistent with the general goals and policies of the Avon Comprehensive Plan.
AVAILABLE ACTIONS
1) Approve First Reading of Ordinance 18-07, and set forth the Public Hearing date for August 24,
2018.
2) Continue First Reading of Ordinance 18-07 with direction to return with additional information;
continuance may not be later than sixty-five days from initial hearing with Council.
ATTACHMENTS
Ordinance 18-07
- Exhibit A – 2018 Avon Workforce Housing Plan
Polar Star Properties Avon Properties Tenant AMI Analysis
Ord 18 - 07 Avon Workforce Housing Plan
July 10, 2018 FIRST READING Page 1 of 3
TOWN OF AVON
ORDINANCE NO. 18-07
AN ORDINANCE APPROVING THE 2018 AVON WORKFROCE HOUSING PLAN
RECITALS
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers, authority and
privileges to which it is entitled under Colorado law; and
WHEREAS, The Town of Avon (“Applicant”) has initiated a Comprehensive Plan Application to
address workforce housing; and
WHEREAS, the Town of Avon Planning and Zoning Commission conducted public hearings on
June 5, 2018, and June 19, 2018, and prior to formulating a recommendation to the Town Council
considered public comments, testimony, evidence and Town staff reports;
WHEREAS, the Town of Avon Planning and Zoning Commission took action to adopt Findings
of Fact in accordance with AMC §7.16.030(c), and made a recommendation to the Avon Town Council
to adopt the 2018 Avon Workforce Housing Plan; and
WHEREAS, in accordance with AMC §7.12.030, Town Council, and in addition to other authority
granted by the Town Charter, its ordinances and State of Colorado law, the Town Council has application
review and decision-making authority to approve, approve with conditions or deny the Application; and
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance
with the requirements of AMC §7.16.020(d), Step 4: Notice, held public hearings on July 10, 2018 and July
24, 2018, and prior to taking final action considered all comments, testimony, evidence and Town Staff
reports; and then took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria the Town Council has considered the
applicable review criteria for a Comprehensive Plan application, as more specifically described below; and
WHEREAS, in accordance with the review criteria outlined AMC §7.16.030(c), Review Criteria, the
Town Council finds that the 2018 Avon Workforce Housing Plan is in compliance with the purposes of the
Development Code by achieving a diverse range of attainable housing needs created by jobs in the Town;
proving a range of housing types and price points to serve a complete range of life stages to provide a stable
full time residential community balancing the visitor economy; complies with the goals and policies of the
2017 Avon Comprehensive Plan by strengthening the policy objectives related to achieving a diverse range
of housing types to serve all segments of the population; and, the 2018 Avon Workforce Housing Plan will
promote 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.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. 2018 Avon Workforce Housing Plan. The attached (“Exhibit A to Ordinance 18-
07”) document is hereby approved and considered a “Comprehensive Plan,” as defined by AMC §7.08,
Ord 18 - 07 Avon Workforce Housing Plan
July 10, 2018 FIRST READING Page 2 of 3
Definitions, and shall serve as a guiding document for housing and community development in the
Town.
Section 3. Severability. If any provision of this Ordinance, or the application of such provision to
any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council
hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the
provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision”
means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
“application” means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect no sooner than thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for the health,
safety, and welfare of the public.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release,
extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit,
suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes
of action acquired or existing which may have been incurred or obtained under any ordinance or provision
hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended,
repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of
sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such
penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or
may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing,
inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals
pending before any court or administrative tribunal.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to
recording information and make similar changes, and to correct any typographical, grammatical, cross-
reference, or other errors which may be discovered in any documents associated with this Ordinance and
documents approved by this Ordinance provided that such corrections do not change the substantive terms
and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND
REFERRED TO PUBLIC HEARING and setting such public hearing for 5:00 on August 28, 2018 at
the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
SIGNATURE PAGE FOLLOWS
Ord 18 - 07 Avon Workforce Housing Plan
July 10, 2018 FIRST READING Page 3 of 3
SIGNED:
Jennie Fancher, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town Clerk
at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 28, 2018.
SIGNED:
Jennie Fancher, Mayor
Published by posting by title in at least three public places in Town and posting by title at the office
of the Town Clerk.
ATTEST:
Debbie Hoppe, Town Clerk
Page 1 of 8
2018 Avon Workforce Housing Plan
Prepared by Willa Williford for the Town of Avon
“Avon’s vision is to provide a high quality of life, today and in the
future, for a diverse population; and to promote their ability to live,
work, visit, and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017
Introduction
The Town of Avon seeks to build upon a long history as a high amenity year-round resort
community, strengthening its vibrant and inclusive community culture. The current
Comprehensive Plan sets the vision for a diversity of exciting opportunities for residents,
businesses, and visitors. The current housing market, which offers very few affordable
opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision.
The potential community benefits of increasing workforce housing efforts to include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents
and businesses;
• Greater ability to retain individuals and families throughout life and career phases,
strengthening sense of community, opportunity, and quality of life;
• Further the goals of the Climate Action Plan by reducing single occupant vehicle
commuting; and
• Greater opportunities for arts and culture to thrive.
Goals and Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
• Achieve a diverse range of housing densities, styles, and types, including rental and for
sale, to serve all segments of the population.
• Coordinate with neighboring communities to provide an attainable housing program that
incorporates both rental and ownership opportunities, affordable for local working families.
Goals and Objectives of this Housing Plan are as follows:
• Focus on increasing deed restricted homeownership opportunities for households making
equivalent of 140% or less of the Area Median Income - $430,000 for a household of three
people in 2018.
• Grow the inventory of homeownership and “missing middle” inventory, in place of
additional rental housing stock, to create a more balanced portfolio with a long-term goal
of 50% rental, 50% ownership.
• When considering new rental housing, prioritize price point, quality and amenities
attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120%
AMI level.
• Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling
units in Avon are occupied by year-round residents.
• Stabilize or increase the percentage of employees who live and work in Avon.
• Seek to add at deed restricted units to the inventory in the short term.
Exhibit A to Ordinance 18-07
2018 Avon Workforce Housing Plan Adopted_______
Page 2 of 8
• Strengthen regional partnerships with other communities and entities (i.e. Habitat for
Humanity, other municipalities, Eagle County) to make projects happen.
• As sites redevelop, strive for “no net loss” of units in the target AMI range, and when
possible, an increase of housing serving the local workforce.
• Review and re-evaluate goals and objectives on an annual basis.
The Need
Since the end of the recession jobs and population have been growing much more rapidly than
housing inventory, creating many challenges:
• Frustration for employees seeking housing;
• Employers facing unfilled positions, turnover, higher training costs, and lost productivity;
• Precipitous increases in home prices, well beyond the means of most local residents;
• Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and
• Negative impacts on individuals and families, who are spending a disproportionate amount
of their income on housing, commuting long distances, and living in locations or situations
that are not sustainable for the long term.
Median price for all dwelling units sold in Avon in 2017 was $438,000. Condominiums accounted
for 71% of these sales, with a median price of $358,500. The median price for single family
dwellings, duplexes and townhomes was $850,000. The price affordable to a median income
family is less than half than that, at about $316,000. Only four dwelling units were on the market
for $316,000 or lower in early 2018. The rental market is similarly challenging: vacancy rates
have been approaching zero, and since 2007, average rental rates have risen 48% across the
Eagle River Valley.
To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling
units will be required by 2020.1 In mid-valley, which includes Eagle Vail, Avon, and Edwards,
1,500 dwelling units will be needed. Subsidies or public/private partnerships are anticipated to
be required for the majority of these dwelling units to be financially feasible and affordable to local
employees.
Avon and the mid-valley are highly desired locations for local households. In a recent survey of
Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their
first choice for where they want to live.2
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is
setting goals, objectives, and action steps to respond. The Town’s resources include land,
funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address
the housing need, these resources will be used to leverage opportunities and create partnerships.
Strengths and Assets
Avon has numerous assets related to housing opportunities to build upon successes and lessons
learned from previous housing initiatives:
1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford
2 Ibid.
2018 Avon Workforce Housing Plan Adopted_______
Page 3 of 8
• An inventory of 670 price-controlled housing units, about 90% of which are for rent;
• An Affordable Housing Fund balance of $675,000. As the Housing Fund increases,
the additional fund should be leveraged to meet the goals of the plan;
• A partnership with The Valley Home Store for monitoring and compliance of deed
restrictions on for-sale units;
• Employee housing mitigation requirements for some new commercial development;
• Successful PUD negotiations to provide 63 perpetually deed restricted units, some of
which are now due for significant capital improvements;
• History of regional collaboration with public sector, non-profit and private sector on
housing issues;
• Significant inventory of attainable, free market housing;
• Significant opportunities for development and redevelopment, with water rights, transit
access, and existing available density on vacant and underutilized private parcels;
• Commercially zoned land that may also be appropriate for residential development;
and
• Adopted Comprehensive Plan, which sets workforce housing as top policy priority.
Tools and Strategies
In order to achieve these goals and objectives, the following tools and strategies should be
pursued. Tools and strategies are organized into three categories: Housing Development and
Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix A.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment
that is favorable for workforce housing. The Town has a strong track record in including workforce
housing in PUD approvals. The Town will continue to encourage, and, in some instances, require
workforce housing in new planning approvals.
Initiatives to update and strengthen housing policies will include:
• Review existing code for opportunities to increase the year-round occupancy of the
existing housing stock, including consideration of short term rental, accessory dwelling
units, and lock-off incentives and regulations.
• Update mitigation/linkage policies to be more proactive in addressing workforce
housing needs. Current policies are limited to very narrowly defined locations and
development requests, and the current mitigation rate is low compared with peer
communities.
• Consider implementing an inclusionary housing policy. Inclusionary housing was
considered in the 2010 code update, but was not adopted at that time. Inclusionary
housing is a tool to create housing affordable to the local workforce. It is recommended to
look at inclusionary housing and mitigation/linkage at the same time, to better understand
how the two tools complement each other, support policy goals, and maintain a level
playing field for commercial and residential development.
• Conduct a comprehensive review of fees associated with new construction and formalize a fee waiver/reimbursement process for workforce housing that meets the
goals of the plan.
2018 Avon Workforce Housing Plan Adopted_______
Page 4 of 8
Housing Development and Retention
A top priority is pursuing workforce housing development on Town owned land. Two parcels,
identified in the Town of Avon Properties Plan, are appropriate to move forward with workforce
housing development in the next three years. These sites are Wildwood and Swift Gulch.
This Plan is recommending that public outreach and feasibility analysis for Wildwood move
forward this year. Preliminary analysis for Swift Gulch can begin when there is a clear path forward
for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be
developed through public/private partnerships.
Two strategies have been identified to preserve market rate attainable housing that is currently
at risk of being lost to locals through rapid price increases and/or redevelopment. The first strategy
is to “buy-down” attainable market rate units and preserve their affordability with a permanent
deed restriction. Nearby precedents for this approach include Vail InDEED and Eagle Valley
Ranch. This is a homeownership strategy. The second strategy is to explore mechanisms such
as mobile home preservation, acquisition, and right of first refusal to preserve properties
that currently house local employees. A right of first refusal creates the opportunity for the Town
to purchase and preserve these assets, if the owner decides to sell and the Town decides the
property is a priority and is able to secure finance timely. This is a mobile home and multi-family
housing strategy. This program development is anticipated to begin in 2019.
Investing in and maintaining the current inventory of deed restricted housing is an important
component of housing development and retention. Much of the affordable rental housing inventory
has recently been renovated, however, the homeownership inventory is in need of capital
planning and reinvestment. The Town of Avon has recently contracted with The Valley Home
Store to assist with compliance monitoring and re-sale of deed restricted properties. The next
phase of this effort will be to conduct a capital needs assessment of the home ownership assets
and make a plan for funding and implementing capital improvements. This effort is anticipated to
begin in 2020.
Cultivating additional public/private partnerships for workforce housing are additional strategies
that will be ongoing. Collaborative efforts with Eagle County, other municipalities, and local
employers are imperative when fostering new opportunities for housing development and
retention.
Funding
Local funding is a key ingredient to building and maintaining workforce housing. Investing (or
“leveraging”) local funds is essential to attracting the outside funding sources such as grants,
loans, tax credits and private investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance of about $675,000. It is
anticipated that those funds will be invested in the efforts outlined in this Plan, and that additional
funds will be needed moving forward. A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine
if additional funds can be directed to housing efforts through the annual budgeting process. This
review will begin at the end of 2018.Depending on the outcome of the first step, the second step
be to seek opportunities for new funding sources, which could include approaches such as
increased linkage fees, regional collaboration, and/or support for a local ballot initiative. Public
private partnerships are also a funding strategy, generating potential access to grants, below
market loans, and resources such as the Low Income Housing Tax Credit.
2018 Avon Workforce Housing Plan Adopted_______
Page 5 of 8
The Town of Avon understands the regional nature of housing, transportation and employment in
the Eagle River Valley. In pursuit of workforce housing, the Town will continue to participate in
regional studies, seek opportunities to participate in regionally significant workforce housing
developments beyond Town boundaries, and participate in employer forums, and be an advocate
for other regional initiatives.
Investment Criteria
As the Town of Avon seeks to deploy monies from the Housing Fund, the Town will evaluate
opportunities based on the following criteria:
1. Does the program or project meet the goals and objectives of the Comp Plan and this
Housing Plan?
2. Does the investment fill a gap that would otherwise keep the proposed program or project
from moving forward?
3. Does the program or project encourage resource conservation, energy efficiency and
sustainable development? Does the location offer access to multi-model transportation
options and other services?
4. Is there participation from other regional partners, public and/or private?
2018 Avon Workforce Housing Plan Adopted_______
Page 6 of 8
APPENDIX A – WORK PLAN
2018 Avon Workforce Housing Plan Adopted_______
Page 7 of 8
APPENDIX B – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing relative
to demand generated by the new construction. For
residential, mitigation rate often increases with house
size, and deed restricted units are typically exempt. Fees
in lieu provides revenue stream that fluctuates with
building activity. Documented relationship between fee
and impact required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build affordable
housing. General funds or other source need to cover cost
of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with creating
goals and objectives, developing policies, securing
appropriate land for housing, and moving forward with
public/private partnerships. Dedicated funding sources
take many forms including grants, fee in lieu payments,
taxes, voluntary assessments, proceeds from rents or
sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build attainable units,
typically on publicly-owned sites, or using other public
resources such as property tax exemption. RFQ/RFP
process effective for selecting development partners.
Ownership of land can be retained with long-term land
leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known.
Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee-
in-lieu of replacement could be allowed.
Boulder, Basalt
2018 Avon Workforce Housing Plan Adopted_______
Page 8 of 8
APPENDIX C - Area Median Income for Eagle County 2018
Area Median Income for Eagle County, 2018
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270
Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450
60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540
Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720
Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900
Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260
Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800
Source: CHFA
Affordable Home Price Calculation by AMI, 2018
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600
Affordable Purchase price
Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915
Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132
HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434
Max Affordable Price -5% down $92,000 $184,000 $307,000 $430,000 $614,000
Affordable Rent $587 $1,175 $1,958 $2,741 $3,915
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan that 30% of their monthly income. HOA, property
taxes and insurance of 20% where included. The max mortgage assumes an interest rate of
5.0%, which is about half point higher than prevailing rates for 30-year fixed rate mortgages.
Interest rates are rising, however, and will have a profound impact on housing affordability. A
one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price
for a median income household by $30,000 to $35,000.
PSP Avon Properties
Tenant AMI Analysis
pc:demogs 2018 0802 ami.xlsx
8/6/2018 9:30 AM
AMISumm+Util
As of 8/2/18
AMI:# units % of families
# tenants
(excluding
dependants)
40% or Less AMI 60 14.6%86 8.8%
40% - 50% AMI 34 8.3%61 6.3%
50% - 60% AMI 49 11.9%103 10.6%
60% - 80% AMI 104 25.2%242 24.9%
80% - 100% AMI 80 19.4%209 21.5%
100% + AMI 85 20.6%271 27.9%
412 100.0%972 100.0%
Rent Burden (including Utilities):# units
Over 30% rent burden 195 47.3%
Less than 30% rent burden 217 52.7%
412 100.0%
ATTACHMENT TO STAFF REPORT (NOT PART OF PLAN)
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: August 14, 2018
Topic: FIRST READING ORDINANCE 18-08, ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE
AVON MUNICIPAL CODE ESTABLISHING LICENSING OF TOBACCO RETAILERS
ACTION BEFORE COUNCIL:
Before Council is action on First Reading of Ordinance 18-08 adopting a new Chapter 5.10 of Title 5 of
the Avon Municipal Code establishing licensing of tobacco retailers. The ordinance would raise the
legal age to purchase tobacco products in Avon from 18 to 21 and would create a local tobacco sales
license.
OPTIONS:
Options for Council consideration are outlined as follows:
Option 1 – Approve Ordinance 18-08, as presented. The Town would forego state cigarette tax
revenues of approximately $42,000 per year.
Option 2 – Approve Ordinance 18-08, modifying the ordinance to exclude cigarettes from the
local licensing requirements in order to retain the revenue provided by state cigarette tax.
Option 3 – Approve Ordinance 18-08, as presented, and direct staff to prepare a ballot
question, for Council consideration, that would ask Avon voters whether they would be in
favor of a local tobacco tax on cigarettes and other tobacco products.
Option 4 – Continue, table or do not approve Ordinance 18-08.
PROPOSED MOTION:
“I move to approve [with or without modifications] First Reading of Ordinance 18-08, thereby
adopting a new Chapter 5.10 of Title 5 of the Avon Municipal Code establishing licensing of tobacco
retailers.”
BACKGROUND:
Mandy Ivanov, Health Promotion Coordinator for Eagle County, met with Councilor Scott Prince and
Virginia Egger in May to discuss the Tobacco 21 Initiative, as well as recent actions by a few
municipalities in the Roaring Fork Valley. In June 2017, the Aspen City Council enacted an ordinance
raising the legal sales age for tobacco products from 18 to 21 years of age and creating a local tobacco
sales license. The Basalt Town Council followed suit with a similar ordinance in March 2018. In addition,
voters in both municipalities approved a new municipal tax on tobacco products. In November 2017,
Aspen voters approved a new $3 tax on a pack of cigarettes and a new 40 percent tax on other
tobacco products. In April 2018, Basalt voters approved a cigarette tax of $2 per pack and a 40 percent
tax on other tobacco products.
During a work session about the Tobacco 21 Initiative on June 26, 2018, Council directed staff to
prepare an ordinance for consideration that would raise the legal age to purchase tobacco products
from 18 to 21 years of age and create a local tobacco sales license for the Town of Avon.
SUMMARY:
In short, the intent of this proposed ordinance is to make it more difficult for those, age 18-20, to
purchase and use tobacco products. The licensing for tobacco retailers would be administered by a
Licensing Administrator, likely to be the Town Clerk. There would be a fee required for each license
issued, currently proposed at $500 per year, which would cover the cost of administering the licensing
program. The proposed effective date of this ordinance is January 1, 2019. The Town currently has nine
tobacco retailers and each of them has been informed of this proposed ordinance.
FINANCIAL IMPLICATIONS:
Colorado Revised Statute 39-22-623 states the following:
“Effective July 1, 1987, an amount equal to twenty-seven percent of the gross state
cigarette tax shall be apportioned to incorporated cities and incorporated towns which
levy taxes and adopt formal budgets and to counties. For the purposes of this
section, a city and county shall be considered as a city. The city or town share shall be
apportioned according to the percentage of state sales tax revenues collected by the
department of revenue in an incorporated city or town as compared to the total state
sales tax collections that may be allocated to all political subdivisions in the state; the
county share shall be the same as that which the percentage of state sales tax
revenues collected in the unincorporated area of the county bears to total state sales
tax revenues which may be allocated to all political subdivisions in the state. The
department of revenue shall certify to the state treasurer, at least annually, the
percentage for allocation to each city, town, and county, and such percentage for
allocation so certified shall be applied by said department in all distributions to cities,
towns, and counties until changed by certification to the state treasurer. In order to
qualify for distributions of state income tax moneys, units of local government are
prohibited from imposing fees, licenses, or taxes on any person as a condition for
engaging in the business of selling cigarettes or from attempting in any manner to
impose a tax on cigarettes.”
If the Town of Avon decides to create a local tobacco sales license that includes cigarettes, the Town
would forego state cigarette tax revenues of approximately $42,000 per year. Over the past five years,
the amount ranged from $41,234 to $43,200. If the Town excludes cigarettes from the local licensing
requirements it would retain the state cigarette tax dollars and the local license would cover all forms
of tobacco other than cigarettes. The local license fee, currently proposed at $500 per year, is
designed to cover the direct costs to the Town but does not cover the revenue lost by forgoing the
state cigarette tax revenues.
ATTACHMENT:
Ordinance 18-08
Ord 18-08
FIRST READING –August 14, 2018
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 18-08
ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE AVON
MUNICIPAL CODE ESTABLISHING LICENSING OF TOBACCO
RETAILERS
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter; and
WHEREAS, Smoking rates in the U.S. have declined substantially since the Surgeon
General’s 1964 report, from 42 percent to now about 18 percent; however, it remains one of the
biggest public health problems in the United States as almost 500,000 Americans still die
prematurely each year from diseases related to cigarette smoking. This makes up 85% of deaths
from lung cancer. In Colorado, like most other states, it is the number one cause of preventable
death, and accounts for 5,100 deaths a year; and
WHEREAS, 90% of adult smokers started smoking before the age of 18 and each day more
than 3,000 adolescents in the U.S. try their first cigarette; and
WHEREAS, youth use of e-cigarettes and similar products is associated with future
cigarette use; and
WHEREAS, since 2014, after decades of effective anti-smoking campaigns and decreasing
smoking rates in the U.S., there has been a surprising upturn in youth tobacco use; and
WHEREAS, over 225 U.S. localities and the states of California and Hawaii have enacted
into law regulations prohibiting the sale of tobacco products to individuals under the age of 21
and research has shown such regulations are effective in decreasing high school tobacco use by
up to 50%; and
WHEREAS, research has shown that teens purchase cigarettes from their peers and that
90% of the “social sources” (friends and family) of tobacco for the 12-18 year olds are 18-21
year olds. It has also been shown that youth typically do not make the effort to travel to
neighboring localities if the age has increased to 21 in their city; and
WHEREAS, the Town Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Ord 18-08
FIRST READING –August 14, 2018
Page 2 of 3
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Chapter 5.10 to Title 5 of the Avon Municipal Code. Title 5 of the
Avon Municipal Code is hereby amended by the addition of a new Chapter 5.10, to read as set
forth in Exhibit A: Addition of Chapter 5.10 to Title 5 of the Avon Municipal Code, attached
hereto.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
Ord 18-08
FIRST READING –August 14, 2018
Page 3 of 3
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT 1
Page 1 of 11
EXHIBIT A: ADDITION OF CHAPTER 5.10 TO TITLE 5 OF THE AVON MUNICIPAL CODE
CHAPTER 5.10
LICENSING OF TOBACCO RETAILERS
Section 5.10.010 Incorporation of general licensing provisions.
Section 5.10.020 Legislative intent.
Section 5.10.030 Definitions.
Section 5.10.040 Minimum legal sales age.
Section 5.10.050 License requirements and prohibitions.
Section 5.10.060 Conditions of the Tobacco Product Retail License.
Section 5.10.070 Application procedure.
Section 5.10.080 Issuance of a Tobacco Product License.
Section 5.10.090 Denial of Tobacco Product License.
Section 5.10.100 License term, renewal and expiration.
Section 5.10.110 License non-transferable.
Section 5.10.120 Fee for License.
Section 5.10.130 Compliance monitoring.
Section 5.10.140 Suspension or revocation of License.
Section 5.10.150 Violation, Penalties and Fines.
Section 5.10.160 Enforcement.
Section 5.10.170 No rights in License.
Section 5.10.180 Violations
Section 5.10.190 Effective date.
5.10.010 Incorporation of general licensing provisions.
The provisions of Chapter 5.04 Town of Avon Municipal Code (Business Licenses) and Chapter 1.09 (Civil
Infractions), shall apply to this Chapter except where they are specifically modified by the provisions of this
Chapter.
5.10.020 Legislative Intent
It is the intent of the Town in enacting this Chapter to establish License requirements for Tobacco Product
and Tobacco Paraphernalia Retailers and to set forth the requirements for the sale of Tobacco Products
and Tobacco Paraphernalia to persons under twenty-one years of age to protect the health, safety and
welfare of individuals in the Town, to encourage responsible Tobacco Product and Tobacco Paraphernalia
retailing and to reduce illegal sales of said products in Avon, Colorado.
5.10.030 Definitions.
The following definitions shall apply throughout this Chapter:
(a) Accessory means any product that is intended or reasonably expected to be used with or for the
human consumption of a Tobacco Product; does not contain tobacco and is not made or derived
from tobacco; and meets either of the following: (1) is not intended or reasonably expected to affect
or alter the performance, composition, Constituents, or characteristics of a Tobacco Product; or (2)
is intended or reasonably expected to affect or maintain the performance, composition,
Page 2 of 11
Constituents, or characteristics of a Tobacco Product but (a) solely controls moisture and/or
temperature of a stored Tobacco Product; or (b) solely provides an external heat source to initiate
but not maintain combustion of a Tobacco Product. Accessory includes, but is not limited to,
carrying cases, lanyards and holsters.
(b) Adult-Only Establishment means a facility where the operator ensures or has a reasonable basis to
believe, such as by checking the identification of any person appearing to be under the age of thirty
(30), that no person under the Legal Age is permitted entrance.
(c) Cigarette means any product that contains tobacco or nicotine, that is intended to be burned or
heated under ordinary conditions of use, and consists of or contains:
(1) any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(2) tobacco in any form that is functional in the product, which, because of its appearance, the
type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or
purchased by consumers as a cigarette; or
(3) roll of tobacco wrapped in any substance containing tobacco that, because of its appearance,
the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette described in subparagraph (1)(a) above.
(4) the term includes all “roll-your-own,” i.e., any tobacco that, because of its appearance, type,
packaging, or labeling, is suitable for use and likely to be offered to, or purchased by
consumers as tobacco for making cigarettes.
(d) Component or Part means any software or assembly of materials intended or reasonably expected:
(1) to alter or affect the Tobacco Product’s performance, composition, Constituents, or
characteristics; or (2) to be used with or for the human consumption of a Tobacco Product or
Electronic Smoking Device. Component or Part excludes anything that is an Accessory, and
includes, but is not limited to e-liquids, cartridges, certain batteries, heating coils, programmable
software and flavorings for Electronic Smoking Device.
(e) Electronic Smoking Device means any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person to simulate smoking in
the delivery of nicotine or any other substance, even if marketed as nicotine-free, through
inhalation of vapor from the product. Electronic Smoking Device includes any refill, cartridge or
component part of a product, whether or not marketed or sold separately. Electronic Smoking
Device does not include any product that has been approved or certified by the United States Food
and Drug Administration for sale as a tobacco - cessation product, as a tobacco-dependence
product, or for other medical purposes, and is marketed and sold for such an approved purpose.
(f) Hearing Officer means the Town Manager or person appointed by the Town Manager.
(g) Licensee means the owner or holder of a Tobacco Product Retailer License.
Page 3 of 11
(h) License refers to the Tobacco Product Retailer License.
(i) Licensing Administrator means the person(s) within the Town government designated with
responsibilities by the Town Manager for license issuance, renewal and collection of fees.
(j) Legal Age means twenty-one (21) years of age.
(k) License Fee means the annual fee for a Tobacco Product Retail License of $500.00.
(l) Licensed Premises means any location where Tobacco Products and/or Tobacco Paraphernalia
are authorized to be sold or distributed to a consumer including, but not limited to, the grounds
occupied by a Licensee, and any store, outlet, location, vending machine or structure where
Tobacco Products and/or Tobacco Paraphernalia are sold, as designated in the approved License
application.
(m) Minimum Legal Sales Age means twenty-one (21) years of age or older.
(n) Mobile Vending means any sales of Tobacco Products and/or Tobacco Paraphernalia at other than
a fixed location.
(o) Retail Tobacco Business means any retail location that sells, offers for sale or does or offers for
exchange for any form of consideration Tobacco Products or Tobacco Paraphernalia. This
definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold,
offered for sale, exchanged or offered for exchange.
(p) Self-Service Display means the open display or storage of Tobacco Products or Tobacco
Paraphernalia in a manner that is physically accessible in any way to the general public without
assistance from the Licensee or an employee of the Licensee through a direct, person-to-person
transfer between the recipient and the Licensee or an employee of the Licensee. A vending
machine is a form of Self-Service Display.
(q) Tobacco Paraphernalia means any item designed for the consumption, use, or preparation of
Tobacco Products.
(r) Tobacco Product means and includes any product that is made or derived from tobacco or that
contains nicotine or synthetic nicotine that is intended for human consumption or is likely to be
consumed whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any
other means including, but not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff or
snus. Tobacco Product also means any Electronic Smoking Device and any Component or Part
used in the consumption of a Tobacco Product(s) such as filters, rolling papers pipe and liquids
used in Electronic Smoking Devices whether or not said product contains nicotine. Tobacco
Page 4 of 11
Product does not include drugs, devices or combination products authorized for sale by the United
States Food and Drug Administration as the terms are defined in the Federal Food, Drug and
Cosmetic Act.
(s) Tobacco Product Retail Location or Retail Location means any premises where Tobacco Products
or Tobacco Paraphernalia are sold or distributed to a consumer including, but not limited to,
hookah bar, lounge or café, any grounds occupied by a retailer, any store, outlet, location, vending
machine or structure where Tobacco Products are sold.
(t) Tobacco Product Retailer means any Person who sells, offers for sale, or does or offers to
exchange for any form of consideration, Tobacco or Nicotine Products, or Tobacco Paraphernalia.
“Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to
the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or
offered for exchange.
(u) Tobacco Product Retailing means the selling, offering for sale, or exchanging for any form of
consideration a Tobacco Product or Tobacco Paraphernalia.
(v) Vending machine shall mean any mechanical, electrical, or electronic self-service device which,
upon insertion of money, tokens, or any other form of payment, dispenses product.
(w) Youth Centered Facility means a school, park, playground, recreation center and any other facility
frequented by youth.
5.10.040 Minimum legal sales age.
Tobacco Products shall not be sold to any person younger than the Minimum Legal Sales Age.
5.10.050 License requirements and prohibitions.
(a) Tobacco Product Retailer License required.
(1) It shall be unlawful for any person to act as a Tobacco Product Retailer in the Town unless a
License has been first obtained from the Town and such License is maintained in full force and
effect pursuant to this Chapter for each location where Tobacco Product Retailing occurs.
(2) No license may be issued to authorize Tobacco Product retailing anywhere other than at a
fixed location that is designated in the License application and approved by the Licensing
Administrator. Tobacco Product Retailing by a persons on foot, from vehicles or through Mobile
Vending is prohibited.
(3) Tobacco Retailing without a valid License is a violation of this Chapter.
(b) Display of License. Each License shall be prominently displayed in a publicly visible location at the
licensed Tobacco Product Retail Location.
Page 5 of 11
(c) Display of Minimum Legal Sales Age Requirements. The requirement of the Minimum Legal Sale
Age for the purchase of Tobacco Retail Products and Tobacco Paraphernalia shall be prominently
displayed in the entrance (or other clearly visible location) of the Tobacco Product Retail Location.
(d) Other Prohibitions.
(1) A Tobacco Product Retail Location may only have one active License at one time. Every
License is separate and distinct and specific to a designated location. The License cannot be
assigned, delegated, sold, inherited or otherwise transferred between persons or transferred to
a different location, except as provided in this Chapter. No Licensee shall exercise the
privileges of any other License or delegate the privileges of its own License.
(2) A person or entity may not apply for a License for a one-year period after a License has been
revoked.
(3) No License shall be issued to any person under twenty-one (21) years of age.
5.10.060 Conditions of the Tobacco Product Retail License.
The following conditions shall apply to the Licensee:
(a) Minimum age for persons handling Tobacco Products. No Person who is younger than the
minimum age established by the Town to purchase and possess the Tobacco Products shall, while
employed at a Tobacco Product Retail Location, sell, stock, retrieve, or otherwise handle Tobacco
Products or Tobacco Paraphernalia.
(b) Prohibition of Self-Service Displays. Licensees shall stock and display all Tobacco Products and
Tobacco Paraphernalia in a manner so as to make all such products inaccessible to customers
without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the
Tobacco Product or Tobacco Paraphernalia from an employee of the business to the customer
except in an Adult-Only Establishment.
(c) Requirements of positive identification. No person engaged in Tobacco Product Retailing shall sell
or transfer a Tobacco Product or Tobacco Paraphernalia to another person who appears to be
under the age of forty (40) years without first examining the identification of the recipient to confirm
that the recipient is at least twenty-one (21) years of age.
(d) No Licenses shall be issued within 500’ of schools. No Licenses will be issued to retailers located
within 500 feet from schools or youth populated areas (community specific locations, playgrounds,
parks etc.), as determined by the Licensing Administrator. This restriction shall not apply to a Retail
Location within 500 feet of a youth populated area that existed as of the date of first reading of this
Ordinance.
5.10.070 Application procedure.
(a) An application for a License shall be submitted and signed by an individual authorized by the
person or entity making application for the License. It is the responsibility of each applicant and/or
Page 6 of 11
Licensee to be informed regarding all laws applicable to tobacco retailing, including those laws
affecting the issuance of said License. No applicant and/or Licensee may rely on the issuance of a
License as a determination by the Town that the proprietor has complied with all applicable
Tobacco Product Retailing laws.
(b) All applications shall be submitted on a form supplied by the Licensing Administrator.
(c) A licensed Tobacco Product Retailer shall inform the Licensing Administrator in writing of any
change in the information submitted on an application for a License within thirty (30) business days
of a change.
(d) All License applications shall be accompanied by the payment in full of all fees as required in this
Chapter.
5.10.080 Issuance of a Tobacco Product License.
Upon the receipt of a completed application for a License as required by this Chapter, the Licensing
Administrator shall review and act on a License application within thirty (30) days, which period may be
extended by the Licensing Administrator for good cause, including but not limited to a request for more
information. The Licensing Administrator consider the following criteria reviewing a License application and
may deny such application based on non-compliance with the following review criteria:
(a) The information presented in the application is incomplete, inaccurate or false;
(b) The applicant seeks authorization for a License at a location where this Chapter prohibits the
issuance of a License;
(c) The applicant seeks a License for a location that is not appropriately zoned for the use;
(d) The applicant previously held and operated a License under this Chapter which License was
revoked during the last three (3) years or the applicant has held multiple Licenses which were
revoked in the last twenty (20) years;
(e) The applicant is not qualified to hold the requested License under the provisions of this Chapter; or
(f) The applicant and/or retail location is not in compliance with all Town, state or federal laws;
(g) The applicant is indebted to, or obligated in any manner to the Town for unpaid taxes, liens or other
monies; or
(h) The payment of the licensing fee in the full amount chargeable for such License does not
accompany such License application.
5.10.090 Denial of Tobacco Product License.
(a) If the Licensing Administrator denies the issuance of the License, the Licensing Administrator shall
notify the applicant in writing by regular mail postage prepaid on the address shown in the
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application. The notice shall include the grounds for denial. Notice is deemed to have been
properly given upon mailing.
(b) An applicant has the right to appeal the Licensing Administrator’s denial of an application to the to
the Avon Town Council. Such an appeal shall be initiated by filing a written request with the Town
Clerk within thirty (30) days of the date of the notice of denial of the issuance of a License. The
failure to file a written appeal within thirty (30) days after the date of transmittal of the decision to
deny the application shall bar any further consideration of the application, shall bar any appeal to
the Town Council and shall bar any judicial review by a Colorado court. The written appeal shall
state the reasons for the appeal. An appeal which is filed timely shall be considered and acted
upon by the Town Council within forty-five (45) days after the date of receipt. The Town shall
provide at least three (3) days' prior notice to the applicant stating the date, time and location
where the Town Council will consider the appeal. The decision of the Town Council shall be in
writing. The Town Council shall review the appeal and application de novo and shall act on the
appeal based on compliance with the review criteria.
5.10.100 License term, renewal and expiration.
(a) Term. All Licenses issued under this Code shall be for the period of one (1) year or a fraction
thereof and shall expire on the last day of December of each calendar year unless otherwise
specifically provided.
(b) Renewal of License. A Licensee shall apply for the renewal of the License and submit the renewal
License fee no later than thirty (30) days prior to expiration of the existing term. The Licensing
Administrator shall renew the License prior to the end of the term, provided that the renewal
application and fee were timely submitted and the Licensing Administrator is not aware of any fact
that would have prevented issuance of the original License or issuance of the renewal.
(c) Expiration of License. A License that is not timely renewed shall expire at the end of its term. The
failure to timely obtain a renewal of a License requires submission of a new application. There shall
be no sale of any Tobacco Products or Tobacco Paraphernalia after the License expiration date
and before the new License is issued.
5.10.110 License non-transferable.
(a) A License shall not be transferred from one (1) person to another or from one location to another.
(b) When a License has been issued to a husband and wife, or to general or limited partners, the
death of a spouse or partner shall not require the surviving spouse or partner to obtain a new
License for the remainder of the term of that License. All rights and privileges granted under the
original License shall continue in full force and effect as to such survivors for the balance of the
term of the License.
Page 8 of 11
5.10.120 Fee for License.
(a) The annual fee for original issuance of a License for applications filed in 2018 shall be five hundred
dollars ($500). The fee to issue or to renew a License may be changed from time to time by
resolution of the Town Council. The fee shall be calculated so as to recover the direct and indirect
costs of administration and enforcement of this Chapter, including, for example, issuing a License,
administering the License program, retailer education and training, retailer inspection, compliance
checks, community outreach and education, documentation of violations, and prosecution of
violators, but shall not exceed the cost of the regulatory program authorized by this Chapter. Fees
are nonrefundable except as may be required by law.
(b) All fees and interest from proceeds of License fees under this Chapter shall be deposited in a
separate cash account established by the Town. These funds are to be used exclusively to defray
the costs of the local licensing program.
(c) As part of the annual budget process, the amount of fees charged by the Town pursuant to this
Section shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs
incurred by the Town in connection with the adoption, administration and enforcement of this
Chapter.
(d) Beginning with the fiscal 2018 budget, the amount of the fees charged by the Town pursuant to this
Section shall be fixed by Town Council as part of its annual budget process. If, for any reason,
such fees are not fixed by Town Council as part of its annual budget process, the fees for the
preceding year shall continue to in full force and effect until changed by Town Council.
5.10.130 Compliance monitoring.
(a) Compliance monitoring of this Chapter shall be by the Avon Police Department, as the Avon Police
Department (or its designee) deems appropriate.
(b) The Avon Police Department shall have discretion to consider previous compliance check history
or prior violations of a Licensee in determining how frequently to conduct compliance checks of the
Licensee with respect to individual Licensees.
(c) The Avon Police Department shall inspect each Tobacco Product Retailer at least two (2) times per
twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee or
other Person against the Town or its agents.
(d) Compliance checks shall be conducted as the Avon Police Department deems appropriate so as to
allow the Avon Police Department to determine, at a minimum, if the Tobacco Product Retailer is
conducting business in a manner that complies with laws regulating access to Tobacco Products.
When the Avon Police Department deems appropriate, the compliance checks shall determine
compliance with other laws applicable to Tobacco Products.
Page 9 of 11
5.10.140 Suspension or revocation of License.
(a) The following shall be grounds for suspension or revocation of the Licensee’s License:
(1) A violation by a Licensee or Licensee’s officers, agents, or employees of any of the provisions
of this Chapter, or any laws of the United States, the State of Colorado or ordinances of the
Town relating to the sale or furnishing of tobacco or Cigarettes to minors, or the storage or
display of Cigarettes or tobacco products;
(2) Violations of any conditions imposed by the Licensing Administrator, Hearing Officer or Town
Council in connection with the issuance or renewal of a License;
(3) Failure to pay State or local taxes that are related to the operation of the business associated
with the License;
(4) Loss of right to possession of the licensed premises; or,
(5) Fraud, misrepresentation, or a false statement of material fact contained in the original or
renewal license application.
(b) The Town Council shall hear all actions relating to the suspension or revocation of Licenses
pursuant to this Chapter. The Town Council shall have the authority to suspend, revoke, or impose
remedial sanctions for violations.
(c) The Licensing Administrator shall commence suspension or revocation proceedings by petitioning
the Town Council to issue an order to the Licensee to show cause why the Licensee’s License(s)
should not be suspended or revoked. The Town Council shall issue such an order to show cause if
the petition demonstrates that probable cause exists to determine that one or more grounds exist
pursuant to subsection (a) to suspend or revoke the Licensee’s License. The order to show cause
shall set the matter for a public hearing before the Town Council.
(d) Notice of the order to show cause order and hearing date shall be mailed to Licensee by regular
mail, postage prepaid, at the address shown on the License no later than twenty (20) days prior to
the hearing date. Notice is deemed to have been properly given upon mailing.
(e) In determining whether a License should be suspended or revoked, and in determining whether to
impose conditions in the event of a suspension, the Town Council shall consider the following
factors:
(1) The nature and circumstances of the violation;
(2) Corrective action, if any taken by the Licensee;
(3) Prior violations, if any by the Licensee;
(4) The likelihood of recurrence of the violation;
Page 10 of 11
(5) Whether the violation was knowing or willful; and
(6) Previous suspensions, revocations, penalties, fines or other sanctions, if any, imposed on the
Licensee.
5.10.150 Violation, Penalties and Fines.
(a) Licensees: penalties and fines. In addition to any other penalty authorized by law, and if the Town
Council determines based on a preponderance of the evidence, that the Licensee, or any of the
Licensee’s agents or employees, has violated any of the requirements, conditions, or prohibitions
of this Chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any
law relating to the sale of tobacco to minors including but not limited to C.R.S. sections 18-13-121
and 24-35-503, the Town Council may consider the following non-binding guidelines in determining
the sanctions to be imposed upon a Licensee as follows:
(1) One violation within thirty-six (36) months: a civil penalty of five hundred dollars ($500) and/or
suspension of the License for three (3) days.
(2) Two violations within thirty-six (36) months: a civil penalty of one thousand dollars ($1,000) and
suspension of the License for seven (7) days.
(3) Three violations within thirty-six (36) months: a civil penalty of one thousand five hundred
dollars ($1,500) and a minimum twenty (20) days suspension of the License.
(4) Four violations within thirty-six (36) months: a civil penalty of two thousand dollars ($2,000) and
revocation of License.
The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines
when warranted by the specific facts and circumstances of the case.
(b) After the effective date of this ordinance, it shall be unlawful for any Tobacco Product Retailer to
sell a Tobacco Product or Tobacco Paraphernalia without a License as mandated under this
Chapter, or with a suspended or revoked License. In addition, the Hearing Officer may impose civil
penalties of up to $2,500 for each separate Tobacco Product or Tobacco Paraphernalia sold during
the period of non-compliance with this Chapter. A retailer whose License has been suspended or
revoked 1) shall not display Tobacco Products or Tobacco Paraphernalia in public view during the
timeframe in which the License is suspended or revoked; and 2) advertisements relating to
Tobacco Products and/or Tobacco Paraphernalia that promote the sale or distribution of such
products from the location that could lead a reasonable person to believe that such products can
be obtained from that location shall not be displayed.
5.10.160 Enforcement.
(a) The remedies provided by this Chapter are cumulative and in addition to any other remedies
available at law or in equity. In addition to other remedies provided by this Chapter or by other law,
Page 11 of 11
any violation of this Chapter may be remedied by a civil action brought by the Town Attorney,
including but not limited to injunctive relief.
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall
cause the offender to be subject to the penalties set forth herein or in the Avon Municipal Code.
5.10.170 No rights in License.
Every License issued under this Chapter confers only a limited and conditional privilege subject to the
requirements, conditions, limitations and qualifications of this Chapter. The License does not confer a
property right of any kind. The License and privilege created by the License may be further regulated,
limited or completely extinguished at the discretion of Town Council or the electorate of the Town, as
provided in this Chapter, without any compensation to the Licensee. Nothing contained in this Chapter
grants to any Licensee any vested right to continue operating under the provisions of this Chapter as they
existed at the time the License was approved or issued, and every License shall be subject to any
ordinance or prohibition adopted after the License was approved or issued.
5.10.180 Violations.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of
this Chapter. Any person who violates any provisions of this Chapter shall be punished in accordance
with the provisions of Chapter 1.08 – General Penalty of this Code.
5.10.190 Effective Date.
This Chapter shall become effective as of January 1, 2019 and shall be subject to enforcement on and after
that date. Any Tobacco Product Retailer without a License after the effective date will be in violation of this
Chapter.
Ordinance 18‐13, Amendment the Avon Building Code
TOWN COUNCIL REPORT
To: Honorable Jenny Fancher and Avon Town Council
From: David McWilliams, AICP, Town Planner
Matt Pielsticker, AICP, Planning Director
Meeting Date: August 14, 2018
Topic: PUBLIC HEARING and SECOND READING OF ORDINANCE 18‐13, AMENDING
TITLE 15, BUILDINGS AND CONSTRUCTION, AVON MUNICIPAL CODE,
MODIFYING CONTRACTOR LICENSING REQUIREMENTS AND INSULATION
STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION
ACTION BEFORE COUNCIL
Before Council is action on Second Reading of Ordinance 18‐13, drafted to approve changes to the Avon
Building Code (Title 15, Avon Municipal Code).
RECOMMENDED MOTION
“I move to approve second reading of Ordinance 18‐13, thereby approving changes to the Avon Building
Code.”
SUMMARY
Contractor licensing has been administered within the Community Development division and is handled
by the building department. For many years contractor licensing has been a cash or check proposition
handled either by mail or walk in. To obtain a Contractor License, a contractor must submit the proper
insurance and pay the appropriate fee associated with the contractor type, either general contractor,
sub‐contractor or municipal contractor.
All monies are deposited with the finance department, a formal Contractor License was mailed out and
conformation of proper insurance was recorded. All contractors were kept track of in a database used
by the building division and updated as necessary. This results in labor intensive administration.
There was also a disconnect between the Contractor license and the Business license, required for all
businesses doing business in Town. The Business License is the best way to track the cost of materials
coming into the Town and the collection of taxes on such materials. While the departments do
proactively coordinate, occasionally having two systems for licensing left some contractors getting
Contractor Licenses without getting the required Business License.
Staff is in the process of executing a new contractor registration and payment system using the same
website as the business license process for ease of use. For ease of use, the process also creates slightly
different license categories and fees: General Contractor ($125); Subcontractor ($35); Municipal
Contractor ($75); and Owner‐builder ($0). Electrician and plumbing licenses are handled by the state,
and staff has eliminated the payment requirement for them in compliance with state law. Avon
Municipal Code has a different fee structure, and staff wants to bring the fee schedule in line with the
changes while the new system is still in the “soft opening”.
Ordinance 18‐13, Amendment the Avon Building Code
ADDITIONAL CODE AMENDMENT FOR BUILDING ENVELOPE
In the 2015 Residential Code R402.1.2, the Table for insulation and fenestration requirements by
Component, states: “In Climate Zone 6, Wood Frame wall, R‐Values shall be, 20+5 or 13+10, The first value
is the wall cavity insulation and the second value is to be continuous insulation.” Upon adopting the 2015
Building Codes, the Town Council gave an exception for the residential builders so they could build as
they had in the past with R21 insulation in the wall cavity and standard wood sheeting on exteriors, with
a wind barrier and some type of cladding, either siding or other wall covering.
Over the years the Energy Code has addressed the energy efficiency of building systems and appliances
such as, boilers, furnaces, water heaters, refrigerators, dishwashers and more, in an attempt to cut
down on wasted energy. These changes were easy because the building industry had no choice because
older systems were no longer available and only the most efficient appliances could be purchased. The
Energy Code now requires insulation on hot water piping, recirculation of hot water and other ways to
save energy.
When the 2015 Building Codes were adopted it was thought by some builders that the continuous
insulation was too difficult to install and would cost a lot of money, adding to the cost of the home. It is
now better understood by the building industry and products are more readily available and are more
numerous, making for a better selection and more options. The continuous insulation is installed on the
outside of the structure creating a thermal break on the outside of the building and keeping the uneven
R values of insulation, wood members, and other elements from transferring heat at different rates.
It is now understood that, in the United States, 114 million households and more than 4.7 million
commercial buildings consume more energy than the transportation or industry sectors, accounting for
nearly 40 percent of total U.S energy use. The number of households and commercial buildings vary in
other reports but this information is on the low side and comes from the U.S Energy Information
Administration EIA. The U.S Building council USGBC, has stated that buildings account for 39% of CO2
emissions in the USA. The think tank Architecture 2030, states that all buildings account for 47.6% of all
energy used in the USA and up to 75% of electricity produced in the U.S. is used just to operate buildings.
If we are to use all the tools we can for energy efficiency, the continuous insulation should be reinstated,
as drafted in the attached Ordinance, as prescribed by the Residential Code and the Energy Code.
Incremental increases in the construction costs are far outweighed by the long‐term energy savings for
the new buildings constructed in Town.
Local Permit Holders
Town staff packet information to the following contractors, who are active in the community, to solicit
comments: Saltbox Custom Homes., Dave Dantas, John Sunder Inc., Sean Reynolds, Evans Chaffee, R.A.
Nelson, and Beck Building Company. They were informed of the meeting dates and proper public
comment protocol.
Ordinance 18‐13, Amendment the Avon Building Code
AVAILABLE ACTIONS
1) Approve Second Reading of Ordinance 18‐13, thereby approving changes to the Avon Building
Code
2) Continue Second Reading of Ordinance 18‐13 with direction to return with additional
information.
ATTACHMENT
Ordinance 18‐13
Ord 18-13 Building Code Changes
July 24, 2018 FIRST READING Page 1 of 3
TOWN OF AVON
ORDINANCE 18-13
AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, AVON MUNICIPAL
CODE, MODIFYING CONTRACTOR LICENSING REQUIREMENTS AND
INSULATION STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION
RECITALS
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and
privileges to which it is entitled under Colorado law; and
WHEREAS, pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to adopt Building and Construction Codes, and make and publish ordinances necessary
and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants, and promote the conservation of energy; and
WHEREAS, the Town Council finds that the modification of Section 15.10.130, Table 402.1.2, will
promote the conservation of energy in new residential construction; and
WHEREAS, the Town Council finds that modifications to the contractor licensing requirements will
streamline processes in place for new and returning contractors doing work in the Town of Avon; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in
order to provide the public an opportunity to present testimony and evidence regarding this application and
that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 15.08.050(c), Section 109.7, Contractor Licensing, is amended to
read as follows, with strikeout indicated language to be deleted and underline indicating language to be
adopted:
“109.7 Contractor licensing. All contractors, including those except Electricians and
Plumbing Contractors, who are duly licensed by the State, shall purchase a license for
conducting work within the Town of Avon. Established annual fees and Class
designations are:
Ord 18-13 Building Code Changes
July 24, 2018 FIRST READING Page 2 of 3
Class I General Contractor $125.00
Class II Other Specialty Contractor $35.00
Class III Municipal Contractor $75.00
Class IV Owner-Builder $0
Licenses issued pursuant to this section shall be valid for a period of one year from the date
of issue. Every contractor, including Electrical Contractors and owner-builders, shall provide
current certificate of insurance for statutory workers’ compensation and commercial general
liability insurance of one million dollars per occurrence and two million dollars general
aggregate before a contractor’s license is issued.”
Section 3. Amendment to Chapter 15.10.060(d), Section 108.6, Contractor Licensing, is amended
to read as follows, with strikeout indicated language to be deleted and underline indicating language to be
adopted:
“108.6 Contractor licensing. All contractors, including those except Electricians and
Plumbing Contractors, who are duly licensed by the State, shall purchase a license for
conducting work within the Town of Avon. Established annual fees and Class
designations are:
Class I General Contractor $125.00
Class II Other Specialty Contractor $35.00
Class III Municipal Contractor $75.00
Class IV Owner-Builder $0
Licenses issued pursuant to this section shall be valid for a period of one year from the date
of issue. Every contractor, including Electrical Contractors and owner-builders, shall provide
current certificate of insurance for statutory workers’ compensation and commercial general
liability insurance of one million dollars per occurrence and two million dollars general
aggregate before a contractor’s license is issued.”
Section 4. Amendment to Chapter 15.10.130, Table 402.1.1, Insulation and fenestration
Requirements, by component, is amended to read as follows, with strikeout indicated language to be deleted:
“Climate Zone 6 – Wood frame wall R-value 20 or 20+5 or 13+10”
Section 3. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary
to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted
regulations, provided that such correction shall not substantively change any provision of the regulations
adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such provision to
Ord 18-13 Building Code Changes
July 24, 2018 FIRST READING Page 3 of 3
any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares
that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision " means and
includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
"application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the
health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare and energy conservation. The Town
Council further determines that the Ordinance bears a rational relation to the proper legislative object sought
to be obtained.
Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on July 24, 2018 and setting such public hearing for August 14, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 14, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________ Eric J. Heil, Town Attorney
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: August 14, 2018
Agenda Topic: FIRST READING OF ORDINANCE 18-15, AMENDING SECTION 3.08.037 OF THE AVON
MUNICIPAL CODE TO EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF
RENEWABLE ENERGY PRODUCTION COMPONENTS
ACTION BEFORE COUNCIL:
Council is asked to take action on First Reading of Ordinance 18-15 regarding a sales tax credit on
components for production of energy from renewable sources.
PROPOSED MOTION:
“I move to approve Ordinance 18-15, Amending Section 3.08.037 of the Avon Municipal Code to
Extend a Temporary Sales Tax Credit for the Components for Production of Energy from Renewable
Sources.”
BACKGROUND:
At the April 12, 2016 Town Council meeting, Council approved Ordinance 16-03, an ordinance
amending Chapter 3.08 of the Avon Municipal Code to enact Section 3.08.037 to provide a
temporary sales tax credit on the sale of components used in the production of electricity,
generation of heat or cooling of air, from a renewable energy source, including but not limited to
wind, solar, solar thermal systems, and geothermal energy systems. This temporary tax credit is set
to expire on December 31, 2018.
At the July 24, 2018, Council meeting, staff notified Council of the upcoming expiration of this tax
credit and inquired whether there is desire on the part of Council to extend the credit. Council
provided direction to staff to prepare an ordinance to extend the existing tax credit. The new
proposed date for expiration of the tax credit is December 31, 2021.
FINANCIAL IMPLICATIONS:
Since the credit was made effective, there have been five (5) installations of renewable energy
production components, totaling $93,831.00, where the taxpayers took advantage of the tax credit.
To date, a total of $3,753.24 has been credited back to consumers of these components.
COMPLIANCE WITH COMPREHENSIVE PLAN:
Policy G.4.1 of the Town of Avon Comprehensive Plan states a community policy to, “Incentive
renewable energy and building techniques which support the goals of the Climate Action Plan for the
Eagle County Community.” This ordinance would extend a temporary financial incentive to promote
the installation of energy from renewable sources by providing a temporary tax credit and waiving
planning and permit fees. This temporary sales tax credit would apply to all components for
production of renewable energy systems for residential, commercial, industrial and public facility
uses. Renewable energy systems can include solar photovoltaic, solar thermal, wind and geothermal.
ATTACHMENT:
Ordinance 18-15
Ord 18-15
FIRST READING – August 14, 2018
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 18-15
AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO
EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION
OF RENEWABLE ENERGY PRODUCTION COMPONENTS
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants;
WHEREAS, Policy G.4.1 of the Town of Avon of the Town of Avon Comprehensive Plan states a community policy to “Incentivize renewable energy and building techniques which support the
goals of the Climate Action Plan for the Eagle County Community.”; and
WHEREAS, the Town Council finds that a temporary sales tax credit to provide an incentive to
encourage the installation of renewable energy production components in Avon will promote a
community goal to conserve environmental resources and will thereby promote the health safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Avon Municipal Code Section 3.08.037. Avon Municipal Code
Section 3.08.037 Temporary tax credit for Renewable Energy Production Components is
hereby amended, with strike out indicating words which are deleted and underline indicating
words which are added, to read as follows:
“3.08.037 Temporary Tax Credit for Renewable Energy Production Components.
Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax credit to each person owing tax on the sale of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary
Ord 18-15
FIRST READING – August 14, 2018
Page 2 of 3
tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2018 2021, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change.”
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Non-severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or enforceable, such
invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not
effective. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 18-15
FIRST READING – August 14, 2018
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 18-16 Enacting Chapter 10.36 Bicycles Approaching Intersections
DATE: Aug 10, 2018
SUMMARY: Ordinance No. 18-16 is presented to Council for consideration on first reading. Ordinance No.
18-16 enacts a new Chapter 10.36 to the Avon Municipal Code to locally adopt new state regualations
concerning bicycles approaching intersections. The Colorado state legislature adopted SB 18-144 this year
which authorizes “Idaho Stops” for bicycles, which allows bicycles to proceed through intersections without
coming to a full stop when safe. SB 18-144 was intended to facilitate uniform regulations for “Idaho Stops”
in Colorado, therefore, Chapter 10.36 is presented as a verbatim adoption of the local authorization
contained in SB 18-144. Council provided direction to staff to prepare this ordinance for presentation to
Council to further implement Avon’s policy to be a bicycle friendly community.
As presented, a “reasonable speed” is 15 miles per hour. SB 18-144 authorizes lowering the “reasonable
speed” to 10 miles per hour or increasing to 20 miles per hour; however, this would require the installation
of additional signage at each intersection. Therefore, the default 15 miles per hour is proposed.
PROPOSED MOTION: “I move to approve first reading of Ordinance No. 18-16 Enacting Chapter
10.36 of the Avon Municipal Code.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 18-16
ATTACHMENT B: SB 18-144
Ord 18-16
FIRST READING –August 14, 2018
Page 1 of 2
TOWN OF AVON, COLORADO
ORDINANCE 18-16
ENACTING A NEW CHAPTER 10.36 OF TITLE 10 OF THE AVON
MUNICIPAL CODE ESTABLISHING REGULATIONS FOR BICYCLES
APPROACHING INTERSECTIONS
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter; and
WHEREAS, it is the policy of the Town to encourage and support bicycle use as a safe and
convenient mode of travel within the Town; and
WHEREAS, the Colorado legislature enacted Senate Bill 18-144 Concerning the
Regulation of Bicycles Approaching Intersections; and
WHEREAS, the Town Council finds that the adoption of regulations authozed by Senate
Bill 18-144 will promote the public health, safety, and welfare of the Avon community.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Enactment of Chapter 10.36 to Title 5 of the Avon Municipal Code. Title 10
of the Avon Municipal Code is hereby amended by the enactment of a new Chapter 10.36, to
read as set forth in Exhibit A: Enactment of Chapter 10.36 to Title 10 of the Avon Municipal
Code, attached hereto.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
ATTACHMENT A: ORD 18-16
Ord 18-16
FIRST READING –August 14, 2018
Page 2 of 2
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT 1
ATTACHMENT A: ORD 18-16
EXHIBIT A: Chapter 10.36 – Bicycles Approaching Intersections
Chapter 10.36 – Bicycles Approaching Intersections
10.36.010 – Purpose.
The purpose of this Chapter is to implement C.R.S. §42-4-1412.5. Local adopotion of alternative
regulation of bicycles approaching intersections. This Chapter shall be interpreted to comply
with C.R.S. §42-4-1412.5.
10.36.020 – Definitions.
As used in this Chapter, electrical assisted bicycle means the term as it is defined in C.R.S. §42-
1-102 (28.5).
10.36.030 – Regulations
(a) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a
roadway with a stop sign shall slow down and, if required for safety, stop before entering
the intersection. If a stop is not required for safety, the person shall slow to a reasonable
speed and yield the right-of-way to any traffic or pedestrian in or approaching the
intersection. After the person has slowed to a reasonable speed and yielded the right-of-
way if required, the person may cautiously make a turn or proceed through the intersection
without stopping.
(b) For purposes of this subsection (1), a reasonable speed is fifteen miles per hour or less.
(c) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a
roadway with an illuminated red traffic control signal shall stop before entering the
intersection and shall yield to all other traffic and pedestrians. Once the person has
yielded, the person may cautiously proceed in the same direction through the intersection
or make a right-hand turn. When a red traffic control signal is illuminated, a person shall
not proceed through the intersection or turn right if an oncoming vehicle is turning or
preparing to turn left in front of the person.
(d) A person riding a bicycle or electrical assisted bicycle approaching an intersection of a
roadway with an illuminated red traffic control signal may make a left-hand turn only if
turning onto a one-way street and only after stopping and yielding to other traffic and
pedestrians. However, a person shall not turn left if a vehicle is traveling in the same
direction as the person and the vehicle is turning or preparing to turn left. If the person is
not turning left onto a one-way street, the person shall not make a left-hand turn at an
intersection while a red traffic control signal is illuminated.
ATTACHMENT A: ORD 18-16
SENATE BILL 18-144
BY SENATOR(S) Kerr, Aguilar, Court, Crowder, Fenberg, Guzman, Hill, Kagan, Kefalas, Merrifield, Moreno, Williams A.;
also REPRESENTATIVE(S) Willett and Hansen, Becker K., Foote, Hamner, Herod, Kennedy, McLachlan, Saine, Young.
CONCERNING THE REGULATION OF BICYCLES APPROACHING INTERSECTIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 42-4-1412.5 as follows:
42-4-1412.5. Local adoption of alternative regulation of bicycles
approaching intersections -alternative regulation described -validity
of existing local resolution -definitions. ( 1) A COUNTY OR MUNICIPALITY
MAY ADOPT AN ORDINANCE OR RESOLUTION IMPLEMENTING THIS SECTION.
IF A COUNTY OR MUNICIPALITY ADOPTS AN ORDINANCE OR RESOLUTION
PURSUANT TO THIS SECTION, THE ORDINANCE OR RESOLUTION MUST SPECIFY
THE FOLLOWING:
(a)A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE
AND APPROACHING AN INTERSECTION OF A ROADWAY WITH A STOP SIGN
SHALL SLOW DOWN AND, IF REQUIRED FOR SAFETY, STOP BEFORE ENTERING
Capital letters or bold & italic numbers indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.
ATTACHMENT B: SB 18-144
THE INTERSECTION. IF A STOP IS NOT REQUIRED FOR SAFETY, THE PERSON
SHALL SLOW TO A REASONABLE SPEED AND YIELD THE RIGHT-OF-WAY TO
ANY TRAFFIC OR PEDESTRIAN IN OR APPROACHING THE INTERSECTION. AFTER
THE PERSON HAS SLOWED TO A REASONABLE SPEED AND YIELDED THE
RIGHT-OF-WAY IF REQUIRED, THE PERSON MAY CAUTIOUSLY MAKE A TURN
OR PROCEED THROUGH THE INTERSECTION WITHOUT STOPPING.
(b) FOR PURPOSES OF THIS SUBSECTION (1), A REASONABLE SPEED IS
FIFTEEN MILES PER HOUR OR LESS. A MUNICIPALITY, BY ORDINANCE, OR A
COUNTY, BY RESOLUTION, MAY REDUCE THE MAXIMUM REASONABLE SPEED
AT ANY INDIVIDUAL INTERSECTION TO TEN MILES PER HOUR OR RAISE THE
MAXIMUM REASONABLE SPEED TO TWENTY MILES PER HOUR IF THE
MUNICIPALITY OR COUNTY ALSO POSTS SIGNS AT THE INTERSECTION STATING
THAT LOWER OR HIGHER SPEED LIMITATION.
(c) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE
AND APPROACHING AN INTERSECTION OF A ROADWAY WITH AN ILLUMINATED
RED TRAFFIC CONTROL SIGNAL SHALL STOP BEFORE ENTERING THE
INTERSECTION AND SHALL YIELD TO ALL OTHER TRAFFIC AND PEDESTRIANS.
ONCE THE PERSON HAS YIELDED, THE PERSON MAY CAUTIOUSLY PROCEED IN
THE SAME DIRECTION THROUGH THE INTERSECTION OR MAKE A RIGHT-HAND
TURN. WHEN A RED TRAFFIC CONTROL SIGNAL IS ILLUMINATED, A PERSON
SHALL NOT PROCEED THROUGH THE INTERSECTION OR TURN RIGHT IF AN
ONCOMING VEHICLE IS TURNING OR PREPARING TO TURN LEFT IN FRONT OF
THE PERSON.
(d) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE
APPROACHING AN INTERSECTION OF A ROADWAY WITH AN ILLUMINATED RED
TRAFFIC CONTROL SIGNAL MAY MAKE A LEFT-HAND TURN ONLY IF TURNING
ONTO A ONE-WAY STREET AND ONLY AFTER STOPPING AND YIELDING TO
OTHER TRAFFIC AND PEDESTRIANS. HOWEVER, A PERSON SHALL NOT TURN
LEFT IF A VEHICLE IS TRAVELING IN THE SAME DIRECTION AS THE PERSON
AND THE VEHICLE IS TURNING OR PREPARING TO TURN LEFT. IF THE PERSON
IS NOT TURNING LEFT ONTO A ONE-WAY STREET, THE PERSON SHALL NOT
MAKE A LEFT-HAND TURN AT AN INTERSECTION WHILE A RED TRAFFIC
CONTROL SIGNAL IS ILLUMINATED.
(2) IF A COUNTY OR MUNICIPALITY ADOPTED A VALID ORDINANCE OR
RESOLUTION THAT REGULATES BICYCLES OR ELECTRICAL ASSISTED BICYCLES
SUBSTANTIALLY AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION PRIOR TO
PAGE 2-SENATE BILL 18-144
ATTACHMENT B: SB 18-144
THE EFFECTIVE DATE OF THIS SECTION, THAT ORDINANCE OR RESOLUTION
REMAINS VALID.
(3) THE ADOPTION OF AN ORDINANCE OR RESOLUTION IN
ACCORDANCE WITH THIS SECTION DOES NOT DIMINISH OR ALTER THE
AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION OR THE STATE
TRANSPORTATION COMMISSION AS THOSE ENTITIES ARE DEFINED IN SECTION
43-1-102 REGARDING THE DEPARTMENT'S OR COMMISSION'S AUTHORITY TO
REGULATE MOTOR VEHICLE TRAFFIC ON ANY PORTION OF THE STATE
HIGHWAY SYSTEM AS DEFINED IN SECTION 43-2-101 (1).
(4) AS USED IN THIS SECTION:
(a) "ELECTRICAL ASSISTED BICYCLE" MEANS THE TERM AS IT IS
DEFINED IN SECTION 42-1-102 (28.5).
(b) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY,
TOWN, OR CITY AND COUNTY.
SECTION 2. In Colorado Revised Statutes, 42-4-1412, amend (1)
as follows:
42-4-1412. Operation of bicycles and other human-powered
vehicles. (1) Every A person riding a bicycle or electrical assisted bicycle
shall have HAS all of the rights and duties applicable to the driver of any
other vehicle under this article ARTICLE 4, except as to special regulations
in this article ARTICLE 4, EXCEPT AS PROVIDED IN SECTION 42-4-1412.5, and
except as to those provisions which by their nature can have no application.
Said riders shall comply with the rules set forth in this section and section
42-4-221, and, when using streets and highways within incorporated cities
and towns, shall be ARE subject to local ordinances regulating the operation
of bicycles and electrical assisted bicycles as provided in section 42-4-111.
NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS ARTICLE 4, WHEN A
COUNTY OR MUNICIPALITY HAS ADOPTED AN ORDINANCE OR RESOLUTION
PURSUANT TO SECTION 42-4-1412.5, RIDERS ARE SUBJECT TO THE LOCAL
ORDINANCE OR RESOLUTION.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 3-SENATE BILL 18-144
ATTACHMENT B: SB 18-144
Kev . Grantham
PRESIDENT OF
THE SENATE
APPROVED 2. S b P c
John . Hickenlooper
GO RNOR OF THE STATE OF COLO
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Crisanta Duran
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Effie Ameen Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
PAGE 4-SENATE BILL 18-144
ATTACHMENT B: SB 18-144
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: August 14, 2018
Topic: APPROVAL OF SWIFT GULCH ANTENNA LEASE AGREEMENT
ACTION BEFORE COUNCIL
Before Council is approval of a lease agreement between the Town of Avon and Visionary
Communications Inc, (“VCN”) for microwave antennas and related equipment on the Fleet
Maintenance building located at 500 Swift Gulch Road.
PROPOSED MOTION
"I move to approve the Visionary Communication Antennae Lease and authorize the Town Attorney
and Town Manager to negotiate any final revisions."
SUMMARY
Town staff was approached by VCN to locate wireless antenna equipment at the Town’s Swift Gulch
property in order to provide improved service to areas of Beaver Creek Resort. The least agreement
is for an initial 10 year term, automatically renewable for one year terms thereafter, and subject to a
180-day termination notice.
FINANCIAL IMPLICATIONS
The lease agreement will be negotiated, and the rate is expected to result in $1,800 - $3,000 annually.
This rate is based upon comparable agreements with other carriers for similar infrastructure. Monies
will be deposited in the General Fund and coded with other Capital Lease proceeds.
AVAILABLE ACTIONS
1) Approve the Consent Agenda, thereby authorizing the Town Manager and Town Attorney to
negotiate and finalize the lease agreement.
2) Remove from Consent Agenda for further discussion.
ATTACHMENT
Antenna Lease Agreement
Town of Avon – Visionary Communications Antennae Lease
August 14, 2018
Page 1 of 6
ANTENNA FLEET SPACE LEASE
This lease (“Lease”) is made and entered into between the Town of Avon, a Colorado
home rule municipality, (“Town”), and Visionary Communications Inc., a Wyoming corporation,
(“VCN”), (collectively referred to as the “Parties”).
RECITALS
Town owns a Fleet Maintenance Facility located at GPS coordinates (39.635596, -
106.515498, NENE Section 1 T5S R82W), herein hereinafter referred to as the “Facility”.
VCN is an Internet service provider and offers high-speed wireless Internet services to
the surrounding area. Toward this end, VCN needs to locate telecommunications equipment on
the tower and in the Facility located at the base of the tower or in an enclosure adjacent to the
Faciility (such tower appurtenant equipment shall be referred to as the “Leased Premises”).
Specifically, it needs:
1. to have 24/7 access to the Leased Premises for maintenance of the equipment, including
access to gates and paths to the Leased Premises. If Town requests escorted access only
inside the Facility, then equipment can be placed outside the Facility in an enclosure
provided by VCN for unescorted 24/7 access.
2. to at its sole cost install radio equipment and antennas on the tower (tower equipment), and
use the same in a manner which does not interfere with other lessees.
3. to house radios and affiliated equipment inside the building (building equipment), and
4. to install wiring to interconnect its tower and building equipment and have power to the
same.
NOW, THEREFORE, the Parties agree as follows:
1. Lease. Town hereby leases to VCN the Leased Premises, including the tower and
appurtenant equipment as described in accordance with the Recitals, and including the right
of ingress and egress to the Leased Premises, which specific location and installation
method shall be subject to prior review and approval by the Town, and which shall be on
the following terms.
(a) Lease Payment. VCN shall pay the monthly rate of $_________ for the Leased
Premises, which shall be paid annually in advance in full in the amount of $_________,
without billing, on or before the annual date of Lease Commencement Date.
(b) Late Payment. Late payments shall be subject to a ten percent (10%) penalty and shall
accrue interest at the rate of one and one half percent (1.5%) per month.
(c) Term. The Lease Effective Date shall be August 14, 2018. The Lease
Commencement Date shall be the first day of the month after VCN installs the
Town of Avon – Visionary Communications Antennae Lease
August 14, 2018
Page 2 of 6
equipment on the tower, but shall not be later than July 1, 2019. This Lease shall
continue for 10 years after the Lease Commencement Date or December 31, 2028,
which ever date is sooner. This Lease will terminate at midnight on the last day of the
month in which the 10th annual anniversary of this date shall have occurred. After five
years have passed from the Lease Commencement Date, either party may terminate this
Lease and its obligations hereunder by providing one hundred eighty (180) days
advance written notice to the non-terminating party.
(d) Renewal. This Lease will automatically renew for four (4) additional five (5) year
terms unless either party terminates at the end of the current term by giving the other
party advance written notice one hundred and eighty (180) days prior to end of the
current Lease term of its intentions to terminate the agreement.
(e) Rental Increases. The annual rent for each five (5) year extension term, including any
additional extensions, shall be increased by five percent (5%) over the annual rental due
during the immediately preceding initial term or additional five (5) year terms.
2. Subject to the terms of this Lease, VCN may locate antennas and affiliated equipment on
the Leased Premises for purposes of receiving and transmitting data and voice traffic.
(a) VCN may not sublet, nor assign this Lease nor sublet all or any part of its rights
without the prior written consent of the Town. This Lease shall transfer to all
assignees, successors and heirs. Any assignment by Town shall not be binding on VCN
until VCN is provided with written notice thereof showing a legal assignment.
(b) Town shall have the right at all times to inspect any equipment placed on the Leased
Premises by VCN.
(c) Town reserves the right to require supervised access to the site. If notice is given to
VCN of such a request, VCN will be required to notify the Town (by phone) of the
need for access to the site. Upon request, Town shall then provide it in a timely fashion
commensurate with the situation, i.e. within 24 hours if an emergency repair needs
performed.
3. Cooperation. VCN shall give full cooperation in placing and securing equipment so as not
to be hazard or nuisance to Town and to place it where Town reasonably desires.
(a) VCN shall comply with all applicable laws and ordinances in installing and maintaining
its equipment and warrants that its equipment shall not cause interference with any
other communications equipment existing and operating on the leased premises at the
time VCN installs it. It shall cooperate with Town to the extent necessary to determine
the source of any interference that may be caused by or emitted from its equipment and,
in the event VCN’s equipment causes interference to other equipment located on the
leased premises prior to the date VCN installs its equipment, VCN shall, within fifteen
(15) days, take all steps and precautions necessary to correct and eliminate the
interference. Town represents and warrants that others permitted to have equipment on
Town of Avon – Visionary Communications Antennae Lease
August 14, 2018
Page 3 of 6
the leased premises shall be similarly constrained and that VCN is an intended
beneficiary of such constraints.
(b) VCN may use the electrical service inside the building at no additional cost provided
that such electrical service does not exceed fifty dollars ($50.00) per month, but Town
shall not be liable for any interruption of electrical service, and rental payments under
this Lease shall continue notwithstanding any interruption of power or other required
utility facility that is not caused by the gross negligence or willful misconduct of Town.
(c) At the termination of this Lease, VCN shall remove all equipment from the Leased
Premises. Any holding over shall be an unlawful detainer and Town may institute such
proceedings against VCN and shall receive any past due rent and the remaining rent for
the year as liquidated damages, plus any costs of collection including attorneys’ fees
plus accrued interest on all amounts due at the rate of one and one half percent (1.5%)
per month.
(d) If VCN’s equipment or the tower is destroyed or damaged without fault or negligence
by VCN and it cannot be repaired at a reasonable cost in a reasonable time, VCN at its
discretion may elect to terminate this Lease as of the date of the damage or destruction
by written notice given to Town no more than ten (10) days following the date of
determination of cost of the damage or destruction.
4. Non-Interference. Each party shall conduct its business, and control its agents,
employees, invitees, and visitors in such a manner as is lawful and reputable and shall not
create any nuisance or otherwise interfere with the other’s use.
5. Indemnification. VCN agrees to indemnify and save Town harmless from all liability,
loss, damage, costs, or expenses on account of any claim of any nature whatsoever for
work performed on or materials or supplies furnished to the leased premises for VCN or
persons claiming under VCN, and shall promptly discharge or bond the amount required by
a court if a claim for a lien should arise. If VCN shall be in default Town may, but is not
required to, pay the uncontested amount of any lien or claim and any costs. If it does so the
amount so paid, together with reasonable attorneys’ fees incurred in connection therewith,
shall be immediately due from VCN to Town.
6. Hold Harmless. Each party shall hold the other harmless from any loss it may incur for
any damage or injury to persons rightfully upon the Leased Premises for any purpose or for
any damage to property or said party where the injuries or other damage are caused by the
negligence or misconduct of the indemnifying (at fault) party, its agents, servants,
employees, or any other person entering upon the Leased Premises under express or
implied invitation of that party.
7. Insurance. VCN shall maintain insurance at its own cost including the following
minimum policies:
(a) Commercial General Liability insurance with limits of $2,000,000 per occurrence for
bodily injury (including death) and for damage or destruction to property.
Town of Avon – Visionary Communications Antennae Lease
August 14, 2018
Page 4 of 6
(b) Commercial Auto Liability insurance on all owned, non-owned and hired automobiles
with a combined single limit of one million ($1,000,000) each accident for bodily
injury and property damage.
(c) Workers Compensation insurance providing the statutory benefits and Employers
Liability with a limit of $1,000,000 each accident/disease/policy limit.
8. Quiet Enjoyment. Town covenants that VCN, on paying rent and preforming the
covenants herein, shall peaceably and quietly have, hold and enjoy the Leased Premises.
9. Events of Default. The following shall be deemed to be events of default by VCN under
this Lease:
(a) VCN abandons its operations on the Leased Premises, which shall be defined as
defined as failure to provide telecommunication services for a continuous period of six
(6) months;
(b) VCN fails to comply with any term, provision, or covenant of this Lease and the failure
is not cured within thirty (30) days after tendering written notice of default by Town;
or,
(c) VCN shall file a petition in bankruptcy or insolvency or for reorganization or
arrangement under the bankruptcy laws for the United States or under any insolvency
act of any state, or shall voluntarily take advantage of any such law or act by answer or
otherwise, or shall be dissolved.
10. Termination for Default. Upon the occurrence of any default set forth in this Lease Town
may terminate this Lease, in which event VCN shall immediately remove its equipment
from the leased premises. If VCN fails to remove its equipment Town may avail itself of
the forcible entry and detainer statutes of the state and seek damages.
11. No Waiver of Governmental Immunity. Nothing in this Lease shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Town, its officials, employees, contractors, or agents, or any other person acting on
behalf of the Town and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
12. Affirmative Action. VCN will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. VCN will take
affirmative action to ensure applicants are employed, and employees are treated during
employment without regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
Town of Avon – Visionary Communications Antennae Lease
August 14, 2018
Page 5 of 6
13. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Lease. It
is understood and agreed that this Lease does not create a multi-fiscal year direct or indirect
debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything
in this Lease to the contrary, all payment obligations of the Town are expressly dependent
and conditioned upon the continuing availability of funds beyond the term of the Town's
current fiscal period ending upon the next succeeding December 31. Financial obligations
of the Town payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure
to appropriate such funds, this Lease shall be terminated.
14. Limitation of Damages. The Parties agree that VCN’s remedies for any claims asserted
against the Town shall be limited to proven direct damages under the Lease and that Town
shall not be liable for indirect, incidental, special, consequential or punitive damages,
including but not limited to lost profits.
15. Governing Law, Venue, and Enforcement. This Lease shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising
under this Lease shall be in the appropriate court for Eagle County, Colorado. To reduce
the cost of dispute resolution and to expedite the resolution of disputes under this Lease,
the Parties hereby waive any and all right either may have to request a jury trial in any civil
action relating primarily to the enforcement of this Agreement. The Parties agree that the
rule that ambiguities in a contract are to be construed against the drafting party shall not
apply to the interpretation of this Lease. If there is any conflict between the language of
this Lease and any exhibit or attachment, the language of this Lease shall govern.
16. Notice. Any notice or document required or permitted to be delivered by this Lease shall
be deemed to be delivered (whether or not actually received) when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to the
parties at the respective addresses set out below.
Town: VCN:
Town of Avon Visionary Communications Inc.
500 Swift Gulch Road 1001 S. Douglas Hwy, Suite 201
P.O. Box 975 PO Box 2799 - 82717
Avon, CO 81620 Gillette, WY 82716
Robert Mckenner 307.685.5510 office
970.748.4034 307.682.2519 fax
gworthen@office.vcn.com
Town of Avon – Visionary Communications Antennae Lease
August 14, 2018
Page 6 of 6
The Parties hereby agree to the terms of this Lease:
Town: VCN:
____________________________ ______________________________
Signature Signature
____________________________ ______________________________
Print Print
Title: _______________________ Title: _________________________
____________________________ ______________________________
Date Date
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: August 14, 2018
Agenda Topic: Action on IGA with Eagle County Concerning Administration and Conduct of
November 6, 2018 General Election
ACTION BEFORE COUNCIL
The attached Intergovernmental Agreement sets forth the administration and conduct of the November 6,
2018, Coordinated General Election. If the Town Council approves the IGA, the ballot will include 4
Councilors seats. The IGA must be submitted to the County at least 70 days before the election, as required
by § 1-7-116(2), which is August 28, 2018 in order to participate.
PROPOSED MOTION
I move to approve the Eagle County Intergovernmental Agreement for the November 6, 2018 General
Election.
BACKGROUND
The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder
Regina O’Brien. In my role as Town Clerk, I would serve as the designated election official and work with the
Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison
between the Town and the County Clerk. This arrangement is outlined in the IGA, and the Town Code
Section 1.12.020.
The IGA addresses such items as follows:
Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities
for both election officials
Costs: This Section estimates election costs on a prorated basis based primarily on the number of ballot
issues, active voters, and/or items to be included on the ballot for each political subdivision. On average
election costs have been around $2,500 with presidential elections typically see higher voter turnout
and related higher costs. The Town has budgeted $2,500 for the election.
Call and Notice: This section details who is responsible for the election publication
Ballot Certification: This section details the town’s role in submitting the ballot text to the county
Preparation of Voter Lists: This section details the exchange of the voter lists
Tabor Notice: This section details responsibility with regard to the Tabor notices
Street Locator List: This section details that the town is to provide an accurate street listing to the
county
Election Judges: This section details that the county manages the appointment and training of the
judges
Canvass of Votes: This section details the role of the county in the canvassing of the votes
Cancellation: This section details that the town will notify the county if the election is cancelled
There are several exhibits to the agreement including a timeline, street locator list and affidavit.
Attachment:
• Eagle County Intergovernmental Agreement for November 6, 2018 General Election
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:15 p.m. A roll call was taken, and Council members
present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. Sarah Smith Hymes
appeared remotely. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil,
Deputy Police Chief Coby Cosper, Planning Director Matt Pielsticker, Human Resources Director Lance
Richards, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher made a request to move work session item 6.1 before action item 5.1. Council agreed to
the change. Councilor Gennett moved to approve the agenda, as revised. Councilor Wolf seconded the
motion and it passed unanimously by Council members present.
3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 15:20
Derek George commented on the definition of "single family" in the Town's Zoning Regulations.
Todd Roehr urged the Council to find an area for large vehicles to park overnight in Town.
4. JOINT WORK SESSION WITH PLANNING & ZONING COMMISSION (60 MINUTES)
Start time: 25:44
Direction was provided to staff to prepare an amendment to the Town's zoning regulations that
would further change the definition of a "single family." Staff committed to preparing and bringing
the proposed amendment to Planning and Zoning Commission and Council by the end of the year.
Staff will also investigate a Fee Waiver Program.
Derek George mentioned that the Town’s website is not updated to reflect that Nottingham Road
is included in the short-term rental overlay district.
Council moved to item 6.1. Councilor Gennett left the meeting.
6. WORK SESSION
Start time: 01:47:52
6.1. TOWN MANAGER RECRUITMENT UPDATE (HUMAN RESOURCES DIRECTOR LANCE RICHARDS)
5. ACTION ITEMS
Start time: 02:12:07
5.1. PUBLIC HEARING SECOND READING OF ORDINANCE 18-09, AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS
OF THE AVON MUNICIPAL CODE (TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Phillips moved to approve second and final reading of Ordinance 18-09, amending
Section 2.30.120 – Public Contracts of the Avon Municipal Code. Councilor Burch seconded the
motion and it passed with a vote of 5 to 0. Councilor Gennett was out of the room and Mayor
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
Pro Tem Smith Hymes was absent.
5.2. PUBLIC HEARING SECOND READING ORDINANCE 18-11, AMENDING CHAPTER 5.24 OF THE AVON MUNICIPAL
CODE TO AMEND AMPLIFIED SOUND PERMIT CRITERIA (TOWN ATTORNEY ERIC HEIL)
Start time: 02:13:31
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Phillips moved to approve the second and final reading of Ordinance 18-11, amending
Chapter 5.24 – Amplified Sound Systems. Councilor Burch seconded the motion and it passed
with a vote of 5 to 0. Councilor Gennett was out of the room and Mayor Pro Tem Smith Hymes
was absent.
5.3. PUBLIC HEARING SECOND READING ORDINANCE 18-12, FOR CAPITAL LEASE PURCHASE
(ACTING TOWN MANAGER SCOTT WRIGHT)
Start time: 02:14:35
Councilor Gennett returned to the meeting.
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Wolf moved to approve Ordinance 18-12, authorizing the execution and delivery of a
state and municipal lease/purchase agreement dated August 24, 2018 between the Town of
Avon and Clayton Holdings LLC to finance the purchase and installation of 150.15kW solar panel
array pursuant to Exhibit A of such agreement. Councilor Burch seconded the motion and it
passed with a vote of 5 to 1. Councilor Prince voted no. Mayor Pro Tem Smith Hymes was
absent.
5.4. PUBLIC HEARING VAIL VALLEY FOUNDATION PERMIT APPLICATION FOR OUTDOORS USE OF SOUND
AMPLIFICATION SYSTEM FOR DANCING IN THE PARK! ON JULY 30, 2018 AND AUGUST 8, 2018
(INTERIM SPECIAL EVENTS MANAGER LOUISE DUNCAN)
Start time: 02:16:15
Mayor Fancher opened the discussion to the public and no comments were made.
Councilor Burch moved to approve the Amplified Sound Permit for Dancing in the park Series
in Harry A. Nottingham Park on Monday, July 30 and Wednesday, August 8, 2018. Councilor
Prince seconded the motion and it passed unanimously by Council members present. Mayor
Pro Tem Smith Hymes was absent.
5.5. PUBLIC HEARING VAIL VALLEY CHARITABLE FUND PERMIT APPLICATION FOR OUTDOORS USE OF SOUND
AMPLIFICATION SYSTEM FOR BEC SPRINT & MAJOR LEAGUE TRIATHLON ON AUGUST 4, 2018
(INTERIM SPECIAL EVENTS MANAGER LOUISE DUNCAN)
Start time: 02:17:49
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 3
Mayor Fancher opened the discussion to the public and Todd Roehr mentioned he has no
objection to the start time and will be marketing the event.
Councilor Prince moved to approve the Amplified Sound Permit for Bec Tri Sprint Triathlon in
Harry A. Nottingham Park on August 4, 2018. Councilor Phillips seconded the motion and it
passed with a vote of 5 to 0. Councilor Wolf was absent. Mayor Pro Tem Smith Hymes was
absent.
5.6. FIRST READING OF ORDINANCE 18-13, APPROVING AMENDMENTS TO TITLE 15, BUILDINGS AND
CONSTRUCTION, AVON MUNICIPAL CODE, CONCERNING CONTRACTOR LICENSING AND RESIDENTIAL
INSULATION STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 02:19:57
Councilor Gennett moved to approve first reading of Ordinance 18-13, thereby approving changes
to the Avon Building Code. Councilor Phillips seconded the motion and it passed unanimously
by Council members present. Mayor Pro Tem Smith Hymes voted remotely.
5.7. MINUTES FROM JULY 10, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
Start time: 02:24:15
Councilor Burch moved to approve the July 10, 2018 Council meeting minutes. Councilor Phillips
seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem
Smith Hymes was absent.
Council moved to item 7.5
7.5. EXPIRATION OF RENEWABLE ENERGY SALES TAX CREDIT (ACTING TOWN MANAGER SCOTT WRIGHT)
Councilor Prince said he would support extending the Renewable Energy Tax Credit. The
majority of Council expressed support in extending the credit. Direction was provided to staff
to prepare an ordinance, for Council consideration, to extend the credit.
7. WRITTEN REPORTS
7.1. HAHNEWALD BARN PRE-DESIGN UPDATE (TOWN ENGINEER JUSTIN HILDRETH)
7.2. LANDSCAPING AND WATERING PROGRAM UPDATE (TOWN MASTER GARDENER JOE GILLES)
7.3. ABSTRACT FROM JULY 17, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
7.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)
7.5. EXPIRATION OF RENEWABLE ENERGY SALES TAX CREDIT (ACTING TOWN MANAGER SCOTT WRIGHT)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 02:29:00
Mayor Fancher acknowledged a member of the public who purchased a play house at the auction and
donated it to the Town. She also asked for Council to give direction to staff on the design of an Avon t-
shirt. Mayor Fancher gave an update from Police Chief Greg Daly on activity and contacts at Nottingham
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 4
Park. She also mentioned there have been discussions regarding the noise level associated with the zip
line swing in the park. The recommended changes discussed were as follows:
• The Recreation Center staff will lock the zip line at sunset each night and lock it at 7:00 p.m. on
Sundays.
• The zip line will be unlocked at 8:00 a.m. each morning.
• The current park rules sign will be moved from the old playground to the new playground.
• Existing entry signs into the park with have the hours of sunset to sunrise added.
Megan Burch commented on the Community Survey and asked a question about why certain
questions are being asked by the survey consultant.
Councilor Prince asked Louise Duncan to provide an update of the Open Water Swim Meet on August
10th. Councilor Prince remarked that he thinks full fencing should be eliminated at special events.
Councilor Prince explained the Bicycle Safety Stop Bill that is currently before the Colorado State
legislature. Council provided direction to staff to prepare an ordinance, for Council consideration, that
would enact regulations for bicycles approaching intersections.
Councilor Phillips commented on the Strategic Plan. She also mentioned the Avon Playhouse
Project and gauged Council sentiment on including the Avon Playhouse Project, or a similar project,
in the 2019 Budget.
Mayor Pro Tem Smith Hymes commented on Joe Gilles' memo on the Town's landscaping and
watering program. She also made remarks about Habitat Hero education.
9. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 8:05 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s
office, and the video of the meeting, which is available at www.highfivemedia.org.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 24, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 5
RESPECTFULLY SUBMITTED:
________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ___________________________________
Sarah Smith Hymes ___________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: August 14, 2018
Topic: FRONT COUNTRY RANGER PROGRAM
ACTION BEFORE COUNCIL
No action.
SUMMARY
Aaron Mayville will be on hand to present details of the Front Country Ranger Program for the Eagle-
Holy Cross Ranger District. There will be time for questions and answers following the presentation.
Copies of the Powerpoint are attached to this Memorandum.
ATTACHMENT
Front Country Ranger Program Powerpoint
1
Front Country Ranger Program
Eagle-Holy Cross Ranger District
704,000 ACRES
2
Eagle-Holy Cross Ranger District
704,000 ACRES
CAMPGROUNDS
Eagle-Holy Cross Ranger District
704,000 ACRES
DISPERSED
CAMPING
3
Eagle-Holy Cross Ranger District
704,000 ACRES
FRONT
COUNTRY
TRAILHEADS
•67 DEVELOPED CAMPSITES
•500+ DISPERSED CAMPSITES
•30 FRONT COUNTRY TRAILHEADS
Front Country Recreational Options
Total Staff
STEVE
4
Issues We Face
CAMPFIRES DURINGFIRERESTRICTIONS
TRANSIENT CAMPS
IMPROPER FOOD STORAGE ILLEGAL MOTORIZED USE
GARBAGE DUMPS
2008 Front Country Recreation Program
•Full-time Law Enforcement Officer
•Two full-time recreation field supervisors
•Four seasonal staff
•Associated supplies and vehicles
2018 Front Country Recreation Program
•One seasonal staff
•Associated supplies and vehicle
~$270,000
~$40,000
VISITATION HASN’T SLOWED DOWN!
5
Work We’ll Accomplish
CAMPFIRES DURINGFIRERESTRICTIONS
LONG-TERM PLANNING
ILLEGAL MOTORIZED USE
GARBAGE DUMPS
MORE TIMELY
CLEANUPINCREASEDPATROLS
REDUCED RISK OF
ESCAPED FIRES
BETTER VISITOR
EXPERIENCE
REDUCED IMPACTS TO
WATER QUALITY
IMPROVED RESOURCE
CONDITIONS
BETTER
ENFORCEMENT
TRANSIENT CAMPS
FRONT COUNTRY
ORDER MANAGEMENT
(SQUATTERS ON
BERRY CREEK, ETC)
6
Questions…
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: August 14, 2018
Topic: BEAVER CREEK BLVD STREETSCAPE PROJECT UPDATE
The Beaver Creek Blvd Streetscape Project is currently under‐construction and the General
Contractor, Hudspeth, Inc., is working on the north side of West Beaver Creek Blvd from Avon Road
to Lake Street. Work is scheduled to begin on the south side of West Beaver Creek Blvd in
September. Hudspeth is behind schedule and will not be able to complete the entire project this
year. Hudspeth has agreed to complete the eastern side of the project from Avon Road to Beaver
Creek Place in 2019. Some site demolition occurred on the eastern portion of the project and
Hudspeth will replace those elements at their expense to ensure the road is safe for winter.
1 July 17, 2018 Planning and Zoning Commission Meeting Abstract
Planning & Zoning Commission
Meeting Abstract
Tuesday, August 7, 2018
Staff Present: David McWilliams
Matt Pielsticker
I. Call to Order
• The meeting was called to order at 5:04pm.
II. Roll Call
• All Commissioners were present except Commissioner Howell.
III. Additions & Amendments to the Agenda
• There were no additions or amendments to the agenda.
IV. Conflicts of Interest
• There were no conflicts disclosed.
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.
Action: Commissioner Barnes motioned to approve the AEC application with the following
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.
6. The AEC request of changing the flat roof to pitched improves the overall design
aesthetics, thus complying with AEC requirements.
Commissioner Glaner seconded the motion and it carried unanimously 6-0.
Commissioner Dammeyer motioned to approve the MNR application with the
following Findings and Condition:
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;
2 July 17, 2018 Planning and Zoning Commission Meeting Abstract
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.
Condition:
1. The finalized plat shall be recorded with the Eagle County Clerk’s office before a
building permit is issued.
Commissioner Golembiewski seconded the motion and the motion carried
unanimously 6-0.
VI. Consent Agenda
A – July 17, 2018 Meeting Minutes
B – Record of Decision – Village at Avon Final PUD Amendment: File #PUD18004
VII. Sign Code Work Session
Description: A working draft was reviewed, with more direction given by PZC.
VIII. Staff Updates
• Staff approvals:
i. Tenant sign – Avon Town Square Building
ii. Entry deck – Lake Villas
• Staff talked about future code updates and the status of the Hahnewald barn design.
IX. Public Comments
• Resident Todd Roher spoke on issues he sees affecting the town.
X. Adjourn
• The meeting was adjourned at 6:40pm.
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: July 26, 2018
RE: Summary of Authority’s July 26, 2018, Board Meeting
The following is a summary of items discussed at the July 26, 2018, Authority Board Meeting:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes (via Skype), Secretary Kim Bell Williams, Treasurer Geoff Dreyer, directors Pam Elsner and alternate director
Kara Heide.
2017 Audit Approval James Wilkins and the Audit/Budget committee (Chair Gregory and Treasurer
Dreyer) discussed the 2017 draft audit. Discussion ensued regarding the schedule by which capital assets are depreciated, and whether the assumed lifetime of 40
years should be adjusted for some assets. Staff will look into the depreciation schedule and adjust if necessary to include a more realistic timeline, as many of the
Authority’s capital assets likely have a longer lifetime. The board unanimously approved the audit as presented and authorized Linn Brooks and James to sign
related documents on the Authority’s behalf.
Update on
Benchmarking and Metrics Reporting
Linn Brooks discussed her memo regarding the benchmarking and metrics report
being compiled by staff for presentation in October. She noted reliance on the AWWA benchmarking manual for data allowing comparison of the Authority and
District to other similar entities. Staff has also gathered trending data, allowing the Authority and District to look at its own metrics year over year. The Board agreed
with the chosen benchmarks and metrics and directed staff to continue working on the report.
Dry-Year Management Presentation and
Policies
Linn Brooks discussed current weather and water supply conditions and compared them to previous dry years in 2002 and 2012. She also discussed proposed policies
for ensuring streamflows remain viable for aquatic life if and when such low levels are approached. Large irrigators and customers alike would be asked to reduce
outdoor water use in amounts commensurate with keeping enough water in streams. Some exceptions would be made, allowing continued water use for
economic drivers like ball fields and public gardens. There was no expectation that indoor use, which has very little consumptive impact, would be limited. The Board
approved such policies for immediate implementation; documentation will follow at the August meeting for incorporation into the Rules and Regulations.
Wolcott Fire and Water Supply The Board discussed the water supply emergency that was enacted amidst a Wolcott wildfire on July 8 that threatened electric power supply to the entire valley.
Firefighting efforts successfully protected the power infrastructure, so the water supply emergency lasted only eight hours. Staff discussed use of the incident
command system, which is now standard protocol in such events. While not every specific emergency can be planned for, the ICS provides a structured system to
respond to any incident. Diane Johnson explained the many channels by which the District can communicate supply emergencies and other information; this is
dependent on the details of each event and other information dissemination that is going on at the time.
Summary of Authority’s July 26, 2018, Board Meeting Page 2 of 2
Nutrient MOU with
WQCD
Siri Roman discussed the signing of a Nutrient Management Memorandum of
Understanding with the Water Quality Control Division. The MOU is the culmination
of years of work by staff to achieve phased implementation of the state’s nutrient
regulations across the District’s three wastewater treatment facilities. This will ultimately bring larger benefits to stream health, allow for operational efficiencies,
and be more cost effective. Linn Brooks noted this was a huge achievement for staff
and signaled the WQCD’s willingness to be flexible and work with providers on innovative solutions.
Construction Costs Jason Cowles called attention to a memo by Jeff Schneider regarding construction
costs. Colorado Department of Transportation produces a quarterly construction
cost index, which was used in Jeff’s memo. Construction costs had been rapidly
increasing in the past few years and seem to have leveled off currently.
Large Irrigator
Voluntary Water Use Reductions
Diane Johnson further elaborated on efforts by large irrigators to reduce water use. She cited the specific example of the Vail Golf Course, which has been using less
water for the entire golf season and is prepared to further reduce.
Lake Christine Firefighting Effort and
Water Use
Diane Johnson referenced the Lake Christine Fire in Basalt and questions regarding where the firefighting water comes from and how the water accounting works. The fire started on July 3 and has burned nearly 12,000 acres. She noted
firefighters will take water from anywhere possible during efforts to extinguish wildfires. The accounting will take place later based on the water rights of entities in
the area.
Black Lakes Augmentation Water
Application
The Board approved the application for augmentation plan for filing regarding the Black Lakes Augmentation water. Glenn Porzak noted the water could be purely used by the Authority as augmentation water since it is located above all Authority
diversions.
WRITTEN REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Eva Wilson, Mobility Director
Meeting Date: Aug 14, 2018
Topic: I‐70 COALITION DRAFT LETTER TO GUBERNATORIAL CANDIDATES AND CONGRESSIONAL
REPS
SUMMARY:
The I‐70 Coalition is a non‐profit organization representing 28 local governments and businesses along
Colorado’s I‐70 mountain corridor.
Its mission is to enhance public accessibility and mobility in the I‐70 Central Mountain Corridor and
adjoining dependent counties and municipalities through the implementation of joint public and private
transportation management efforts.
The Coalition is outreaching to all gubernatorial candidates and congressional representatives to keep
I‐70 traffic issues in the forefront. The Town of Avon has been added as a signatory to the attached
letter. This memo is for informational purposes only.
ATTACHMENTS:
1) Draft letter to gubernatorial candidates and congressional reps
2) I‐70 Coalition Fact Sheet
[Date]
The Honorable Jared Polis
P.O. Box 3818
Littleton, CO 80161
The Honorable Walker Stapleton
P.O. Box 9865
Denver, CO 80209
Dear Gubernatorial Candidates,
As Colorado looks to you for leadership to address our state’s most pressing challenges and
opportunities, we would like to bring to your attention the ongoing and worsening state of congestion on I-
70’s Mountain Corridor, a road that is essential to Colorado’s future. We also want to make sure you are
aware that there is a plan to fix the problem, a plan that we hope your administration will embrace.
The I-70 Mountain Corridor is critically important to Colorado’s economy and quality of life. As the only
east-west interstate in Colorado, it serves as a virtual “main street” for local residents and businesses. It
is also vital to intrastate and interstate commerce, moving 11,000 tons of commercial goods through the
state and delivering goods to thousands of businesses within the state every year. In addition, it is the
main gateway to skiing, hiking, and all the other recreational activities that Coloradans love and that
contribute billions to our state’s economy.
However, congestion at peak times on I-70’s Mountain Corridor creates hours-long traffic jams, frustrating
travelers, harming local communities and small businesses, impeding commerce and creating serious
safety issues. Capacity remains largely unchanged since 1979, yet our state’s population has increased
by 75%. With Colorado’s population projected to increase by more than 50 percent from 2015 to 2050,
the problem is only going to get worse without significant investment in the corridor. It is estimated that
travel times on the already notoriously gridlocked highway could triple by 2035.
What is important for you to know is that there is a plan to fix the I-70 Mountain Corridor. And we must
continue to move forward with this plan because it is the answer to the frustrating conditions we
experience on the interstate.
This plan was issued by the Federal Highway Administration (FHWA) and the Colorado Department of
Transportation (CDOT) in June 2011. A product of years-long debate among a diverse group of
stakeholders stretching from Denver to the Western Slope, it calls for both expansion of the interstate and
high-speed transit. Extensive engineering analysis concluded that such a multi-modal approach was the
only way to meet the corridor’s capacity needs through the year 2050.
Some progress has been made in implementing this plan. Since it was issued, the Veterans Memorial
Tunnels have been expanded and the eastbound Mountain Express Lane has been built. Other highway
improvements are planned, including a westbound Mountain Express Lane and lane widening and
redesign at Floyd Hill.
These fixes alone are not enough, however. As the analysis determined, both highway improvements and
high-speed transit are necessary. One without the other will not solve the problem; both are needed to
meet the long-term needs of this critical corridor.
And this is where more needs to be done. There is a long-held perception that high-speed transit is some
far-off, prohibitively expensive fantasy. Not necessarily so.
Under CDOT’s leadership, Colorado has become ground zero for a revolution in transportation
technology. The private sector is in a race to build new transit technologies in our state that are expected
to be operational in just two to three years. Public-private partnership models can reduce costs, and these
companies are also exploring ways their systems can pay for themselves, whether through fares or other
means.
This, we believe, is a game changer.
These technologies can work in the mountain corridor. They are efficient, safe and weatherproof. They
would provide a permanent solution to congestion in the corridor. Moreover, they would help address the
congestion caused by tourist traffic that many of our mountain communities are experiencing, while still
ensuring tourists can get to those communities.
It is critical that your administration move forward with implementation of the plan for I-70. We would
welcome the opportunity to meet with you at your convenience to provide more information about this
plan and to discuss how we can move forward in solving one of Colorado’s most challenging
transportation problems.
Thank you for your attention to this important issue.
Sincerely,
[List of names]
cc:
United States Senator Michael Bennett
United States Senator Cory Gardner
United States Representative Diana DeGette
United States Representative Scott Tipton
United States Representative Ken Buck
United States Representative Doug Lamborn
United States Representative Mike Coffman
United States Representative Ed Perlmutter
THE PROBLEM
The I-70 mountain corridor is critically important to Colorado’s economy and quality of life. As the only east-west
interstate in Colorado, it serves as a virtual “main street” for local residents and small businesses and is vital to intrastate
and interstate commerce, moving 11,000 tons of commercial goods through the state and delivering goods to thousands
of businesses within the state every year. It is also the main gateway to skiing, hiking, and all the other recreational
activities that Coloradans love and that contribute billions to our state’s economy.
Congestion at peak times on I-70’s mountain corridor creates hours-long traffic jams, frustrating travelers, harming local
communities and small businesses, impeding commerce and creating serious safety issues. With Colorado’s population
projected to increase by more than 50 percent from 2015 to 2050, the problem is only going to get worse. It is estimated
that travel times on the already notoriously gridlocked highway could triple by 2035.
The good news is there is a plan for fixing I-70.
THE PLAN
The plan for I-70 was issued by the Federal Highways Administration (FHWA) and the Colorado Department of
Transportation (CDOT) in a Record of Decision (ROD) in June of 2011.
The plan is a product of a years-long and unprecedented consensus-based effort incorporating extensive engineering
analysis, research, and debate among a diverse group of over two dozen stakeholders in the region. The plan is an
innovative, multimodal solution that calls for both high-speed mass transit AND highway widening.
Some progress has been made in implementing this plan. Since it was issued:
• The Veterans Memorial Tunnels east of Idaho Springs have been expanded
• The eastbound Mountain Express Lane has been built
• Other improvements to the highway have been made with more to come, including a westbound Mountain
Express Lane, and westbound lane widening and redesign at Floyd Hill
However, these alone are not enough. As the analysis determined, highway improvements must be done in conjunction
with high-speed mass transit. One without the other will not suffice; both are needed to meet the long-term needs of this
critical corridor.
When the plan was developed, there was a perception that high-speed mass transit was something far off in the future.
However, it is rapidly becoming a present-day reality. New high-speed mass transit technologies are on the cusp of being
built in Colorado and are expected to be operational in just a few years, putting Colorado on the map as ground zero for a
revolution in transportation technology.
OPPORTUNITIES/STATUS
Good progress is being made on highway improvements; more must be done, however, on the transit side to fully address
the challenges on I-70 and plan for growth.
This plan is the most effective way to increase capacity, improve accessibility and mobility, and decrease congestion in the
corridor.
The Plan for I-70 Congestion