The URL can be used to link to this page

TC Packet 09-11-2018 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 11, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 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 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) 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. ACTION ITEMS 4.1. PUBLIC HEARING SECOND 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) (25 MINUTES) 4.2. PUBLIC HEARING RESOLUTION 18-13, APPROVING A MINOR PUD AMENDMENT APPLICATION FOR LOT 38 AND LOT 39W, BLOCK 4, WILDRIDGE SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (25 MINUTES) 4.3. PUBLIC HEARING MOTION TO CONTINUE 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) (5 MINUTES) 4.4. APPROVAL OF MINUTES FROM AUGUST 28, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) (5 MINUTES) 5. WORK SESSION 5.1. DIRECTION ON WINTER ACCESS OUT OF THE WILDRIDGE SUBDIVISION, INCLUDING REVIEW OF THE MEMORANDUM OF UNDERSTANDING WITH THE U.S. FOREST SERVICE, DATED JULY 21, 2014 (PLANNING DIRECTOR MATT PIELSTICKER) (25 MINUTES) 6. WRITTEN REPORTS 6.1. UPDATE ON TOWN MANAGER SEARCH (HUMAN RESOURCES DIRECTOR LANCE RICHARDS) 6.2. SEPTEMBER 4, 2018 PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8. 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 OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 11, 2018 AVON LIQUOR AUTHORITY 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. 2 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 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: TOWN OF AVON EVENT NAME: COMMUNITY PICNIC EVENT DATE: SEPTEMBER 13, 2018; 5:00 P.M. UNTIL 8:00 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: LOUISE DUNCAN PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: DILLON COMPANIES INC. D/B/A CITY MARKET #26 LOCATION: 0072 BEAVER CREEK PLACE TYPE: 3.2 % BEER OFF PREMISES MANAGER: JEFF GENTILINI 5.2. APPLICANT: KRUSEN INC. D/B/A AVON LIQUORS LOCATION: 100 W. BEAVER CREEK BLVD. TYPE: LIQUOR STORE MANAGER: BRIAN KRUSE 5.3. APPLICANT: SUNCOR ENERGY SALES INC. D/B/A SHELL LOCATION: 0047 NOTTINGHAM ROAD TYPE: 3.2 % BEER OFF PREMISES MANAGER: ANAKUT LOYA 5.4. APPLICANT: WVO LICENSING LLC D/B/A WYNDHAM RESORT AT AVON LOCATION: 75 BENCHMARK ROAD TYPE: RESORT COMPLEX MANAGER: SCOTT MARTIN 6. APPROVAL OF THE MINUTES FROM AUGUST 28, 2018 MEETING 7. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Scott Wright, Sarah Smith Hymes, Amy Phillips and Jake Wolf. Matt Gennett and Megan Burch were absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Deputy Town Manager Preston Neill and Secretary Debbie Hoppe. 2. APPROVAL OF AGENDA There were not changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. RENEWAL OF LIQUOR LICENSES Start time: 01:14 4.1. Applicant: R&E Enterprise LLC d/b/a Gondola Pizza Location: 240 Chapel Place #113 Type: Hotel and Restaurant Manager: Claudiu Popa The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for R&E Enterprise LLC d/b/a Gondola Pizza. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett and Board member Burch were absent. 4.2. Applicant: Chair Four LLC d/b/a Vin 48 Location: 48 E. Beaver Creek Blvd. Type: Hotel and Restaurant Manager: Colin Baugh The application was presented with no concerns. Board member Phillips moved to approve the renewal application for Chair Four LLC d/b/a VIN 48. Board member Prince seconded the motion and it passed unanimously by Board members present. Board member Gennett and Board member Burch were absent. 5. REPORT OF CHANGE – MODIFICATION OF PREMISES Start time: 03:00 5.1. Applicant: Walmart Inc. d/b/a Walmart Store #1199 Location: 171 Yoder Ave. Manager: Samuel Pothier The application was presented with no concerns. Samuel Pothier was present to answer any questions. Board member Prince moved to approve the modification of premises application for Walmart Inc. d/b/a Walmart Store #1199. Board member Philllips seconded the motion and it passed unanimously by Board members present. Board member Gennett and Board member Burch were absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 6. APPROVAL OF THE MINUTES FROM JULY 24, 2018 MEETING Start time: 04:33 Vice Chairwoman Smith Hymes moved to approve the minutes from the July 24, 2018 Liquor Authority meeting. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett and Board member Burch were absent. 7. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett and Board member Burch were absent. The time was 5:05 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ The Village (at Avon) Final PUD – File #PUD18004 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: September 11, 2018 Topic: PUBLIC HEARING and SECOND 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 Second Reading of Ordinance 18‐14, thereby approving the Final PUD Application.  Continue Second Reading to a future meeting, pending additional information PROPOSED MOTION “I move to approve Second Reading of Ordinance 18‐14, approving the Final PUD Application and Record of Decision.” SUMMARY At the May 8, 2018 Avon Town Council meeting a Preliminary PUD application was conditionally approved. A Final PUD application was subsequently submitted to respond to the Town Council’s conditions of approval. The Final PUD went before the Planning and Zoning Commission on July 17, 2018. First reading of Ordinance 18‐14 was heard at the August 14, 2018 Avon Town Council meeting. Direction was provided to remove the minimum commercial square footage requirement and proceed to finalizing the documents. There were also questions regarding the outdoor lighting standards and the special review use process for Planning Area F; those items are addressed below. In addition to an Ordinance (Attachment 1) drafted to approve the application, the Applicant’s narrative (Attachment 2), Planning and Zoning Commission materials (Attachment 3), and public comments (Attachment 4) are attached for Town Council’s review. LIGHTING STANDARDS The lighting standards for development in the Village (at Avon) PUD are exhaustive and more prescriptive than the Avon Municipal code. The lighting standards were updated in 2012 with the assistance of an award‐winning lighting design specialist and deal not only with light fixture design, but also light intensity and light quality. The lighting standards are found in Exhibit E of the PUD Guide, and within the Design Review Guidelines for the Village (at Avon). The Village (at Avon) Final PUD – File #PUD18004 2 SPECIAL REVIEW USE As confirmed during the initial hearing, the Town of Avon Planning and Zoning Commission is the review authority for all Special Review Uses in the Village (at Avon), including Planning Area F. The review process, submittal requirements, and review criteria mirror that prescribed within the Avon Municipal Code. ATTACHMENTS 1 – Ordinance 18‐14 Exhibit A: Findings of Fact and Record of Decision Exhibit B: The Village (at Avon) Second Amended and Restated PUD Guide 2 ‐ Application Narrative 3 – PZC Staff Report & Record of Decision 4 – Written Public Comments Ord 18-14 Village (at Avon) Final PUD September 11, 2018 FINAL READING Page 1 of 3 TOWN OF AVON ORDINANCE 18-14 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, the Town Council has adopted Title 7 Development Code (“Development Code”) to the Municipal Code of the Town of Avon, Colorado, which requires certain amendments to Planned Unit Developments to be adopted by ordinance; WHEREAS, Traer Creek-RP, LLC (“Applicant”) has submitted a preliminary planned unit development application to amend the Village (at Avon) Amended and Restated PUD Guide (“Preliminary PUD Application”); WHEREAS, the Planning and Zoning Commission of the Town held a public hearing on the Preliminary PUD Application 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 to make a recommendation for conditional approval to the Town Council; WHEREAS, the Town Council of the Town held public hearings on the Preliminary PUD Application 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 PUD Application; WHEREAS, the Applicant has submitted a final planned unit development application to amend the Village (at Avon) Amended and Restated PUD Guide (“Final PUD Application”); WHEREAS, the Planning and Zoning Commission of the Town held a public hearing on the Final PUD Application 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, on August 7, 2018, took action to adopt findings of fact and to make a recommendation for conditional approval of the Final PUD Application; WHEREAS, the Town Council of the Town held public hearings on the Final PUD Application on August 14, 2018 and September 11, 2018, after posting notice as required by ATTACHMENT 1 Ord 18-14 Village (at Avon) Final PUD September 11, 2018 FINAL READING Page 2 of 3 law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking action to adopt findings of fact and to approve the Final PUD Application; WHEREAS, the Town Council finds that the Final PUD Application complies with the Preliminary PUD Application conditions of approval; WHEREAS, the Town Council finds the application in conformance with the review criteria set forth in Sections 7.16.060(e)(4) and (f)(5) of the Development Code as more particularly described in the findings of fact and record of decision; 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 Home Rule Charter for the Town of Avon, Colorado 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 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, in the form attached as Exhibit B, is hereby approved. 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 final passage in accordance with Section 6.4 of the Home Rule Charter for the Town of Avon, Colorado. ATTACHMENT 1 Ord 18-14 Village (at Avon) Final PUD September 11, 2018 FINAL READING Page 3 of 3 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, 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 Municipal Code of the Town of Avon, Colorado. 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 ATTACHMENT 1 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 application for an amendment to The Village (at Avon) Amended and Restated PUD Guide, a major amendment to Final PUD, (“Final PUD Application”), is made in accordance with Title 7 Development Code of the Municipal Code of the Town of Avon (“Development Code”) §7.16.020(f): FINAL PUD: The Avon Town Council hereby approves the Final PUD Application, with the following Findings: FINDINGS: 1. The Final PUD Application is eligible to be processed as a major amendment to an existing PUD based on the eligibility requirements in Development Code § 7.16.060(h)(1)(iv) Major Amendment. 2. The Avon Planning and Zoning Commission held a public hearing on the Final PUD Application on July 17, 2018, after posting notice of such public hearing in accordance with the requirements of Development Code § 7.16.020(d), Step 4: Notice, and recommended conditional approval of the Final PUD Application citing conformance with the review criteria set forth in Development Code §§ 7.16.020(f)(1) and 7.16.060(e)(4). 3. The Avon Town Council held public hearings on the Final PUD Application August 14, 2018 and September 11, 2018, and after posting notice of such public hearing in accordance with the requirements of Development Code § 7.16.020(d), Step 4: Notice, considered all comments, testimony, evidence and the Town staff report to the Avon Planning and Zoning Commission prior to taking action on the Final PUD Application. 4. The Final PUD Application meets the PUD Amendment Review Criteria in Development Code §7.16.060(h)(3) [which references and incorporates the review criteria in §7.16.060(e)(4)] as is more particularly described in the Town staff report dated July 17, 2018, Findings of Fact and Record of Decision of the Avon Planning and Zoning Commission, and the Final PUD Application narrative dated June 6, 2018, which documents and the findings contained in such documents are incorporated herein by this reference (“Documents of Record”). 5. Compared to the existing The Village (at Avon) Amended and Restated PUD Guide (“Amended and Restated PUD Guide”) development standards for Planning Area F, the Final PUD Application and modifications proposed for Planning Area F would not result in significant adverse impacts upon other properties as increases in density and building height in Planning Area F are mitigated by, among other items, minimum setbacks and maximum site coverage requirements, as well as topographical considerations due to the proximity of the property to the I-70 corridor and steep rising EXHIBIT A TO ORDINANCE 18-14 The Village (at Avon) Final PUD Findings of Fact and Record of Decision: #PUD18004 Page 2 of 2 slope to the I-70 roadway and the distance from other developments in the vicinity of the subject property. 6. The Final PUD Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the property subject to the Final PUD Application, 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 subject property to other parts of Town will mitigate the increased residential density. 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. The proposed increased residential density on Planning Area F does not increase density in the overall Village (at Avon) PUD and therefore does not result in adverse or increased impacts to public facilities and services other than stated above. 8. The Final PUD Application incorporates creative site design by allowing the potential development of increased residential density and housing options in Planning Area F responsive to market demands, thereby increasing the choice of living and housing environments, while not increasing the overall density of The Village (at Avon) and not increasing impacts to nearby properties. 9. The Final PUD Application promotes public health, safety and general welfare by expanding options and opportunities for housing development. 10. The Final PUD Application is consistent with the Avon Comprehensive Plan and the purposes of the Development Code, including all eligibility criteria for PUD applications as set forth in §7.16.060(b), as described in the Documents of Record. 11. The option and opportunity for increased residential density is compatible in scale with existing commercial development to the east, planned school development to the south, and planned multi-family residential development to the west as well as compatible with other properties in the vicinity of the subject tract. APPROVED BY MOTION on September 11, 2018. AVON TOWN COUNCIL By:_______________________________ Attest:____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk EXHIBIT A TO ORDINANCE 18-14 1650530.6 The Village (at Avon) Second Amended and Restated PUD Guide September 11, 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. EXHIBIT B TO ORDINANCE 18-14 Table of Contents Page i A.PURPOSE/GENERAL PROVISIONS ..................................................................1 1.Defined Terms........................................................................................................1 2.Purpose ...................................................................................................................1 3.Vested Property Rights...........................................................................................2 4.General Provisions..................................................................................................3 5.Applicability of Other Regulations.........................................................................6 6.Conflict...................................................................................................................6 B.TOTAL PERMITTED DENSITY .........................................................................6 C.GENERAL LAND USE DESIGNATIONS.........................................................10 1.Designations .........................................................................................................10 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.....................17 5.Planning Area E -School .....................................................................................20 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...............................................................................................27 8.Planning Area K -Hillside Residential ................................................................30 9.Planning Areas RMF 1 and RMF 2 -Residential Multi-Family..........................32 10.Planning Areas P1-P3: Parkland .........................................................................35 11.Planning Areas OS1 –0S7: Natural Open Space................................................37 12.Planning Areas PF-1 –PF-3: Public Facility .....................................................38 E.SPECIAL REVIEW USE.....................................................................................40 1.Special Review Use Permit ..................................................................................40 2.Application Filing and Processing........................................................................40 3.Submittal Requirements for Special Review Use.................................................41 Table of Contents (continued) Page ii 4.Criteria for Review, Recommendation, and Approval of Special Review Uses ......................................................................................................................41 5.Amendments to Special Review Use Permit........................................................42 F.TEMPORARY USES AND STRUCTURES ......................................................42 G.SUBDIVISION.....................................................................................................43 1.General; Applicability ..........................................................................................43 5.Material Modification to Certain Street Connections ..........................................45 H.DEVELOPMENT PLAN AMENDMENT PROCEDURES...............................46 1.General..................................................................................................................46 2.Formal Amendments ............................................................................................46 3.Administrative Amendments................................................................................46 4.Modifications Not Requiring Amendment...........................................................49 I.SUPPLEMENTAL REGULATIONS..................................................................50 1.Interim Uses..........................................................................................................50 2.Solid Fuel Burning Devices..................................................................................50 3.Signs .....................................................................................................................50 4.Parking Requirements ..........................................................................................51 5.Surface Parking Landscaping Requirements........................................................51 6.Drainage Requirements ........................................................................................51 7.Sidewalk and Trail Standards...............................................................................52 8.Alternative Equivalent Compliance and Variances..............................................52 9.Supplemental Design Standards: Planning Area J Hotel, Motel and Lodge Requirements........................................................................................................52 10.Wildlife Mitigation Plan.......................................................................................53 11.Design Review Guidelines ...................................................................................54 12.Natural Resource Protection.................................................................................54 13.Residential Fire Suppression Systems..................................................................54 14.Park, Recreation and Trail Access........................................................................55 15.Affordable Housing Plan......................................................................................55 16.Provision of Certain Amenities ............................................................................57 EXHIBIT A LEGAL DESCRIPTION...................................................................................A-1 Table of Contents (continued) Page iii 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 1650530.6 The Village (at Avon) Second Amended and Restated PUD Guide September 11, 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. (b)The Original PUD Guide previously was amended by and includes (collectively, the “Prior Amendments”): 2 1650530.6 (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)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 the Amended and Restated PUD Guide amended and replaced the Original PUD Guide in its entirety, 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 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 Amended and Restated PUD Guide and any additional or conflicting provisions of the Municipal Code with respect to the subject matter contained herein. 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: 3 1650530.6 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 Guide 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 Guide 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. (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 4 1650530.6 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 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 5 1650530.6 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. (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. 6 1650530.6 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 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: 7 1650530.6 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 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 8 1650530.6 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%0% 30% Planning Areas G and H 0%50%50%100% 7.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. 8.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. 9 1650530.6 (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 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)).] 9.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. 10.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; 10 1650530.6 (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, 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 11 1650530.6 (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 (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. 12 1650530.6 (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. (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. 13 1650530.6 (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. (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. 14 1650530.6 (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. (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). 15 1650530.6 (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: (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: 16 1650530.6 (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. (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. 17 1650530.6 (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. (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 18 1650530.6 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. (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. 19 1650530.6 (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). (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. 20 1650530.6 (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% (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). 21 1650530.6 (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. (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. 22 1650530.6 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 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. 23 1650530.6 (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. (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. 24 1650530.6 (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. (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: 25 1650530.6 (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 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 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)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 26 1650530.6 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. 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: 27 1650530.6 (i)Planning Area F: 22 Dwelling Units per acre. (ii)Planning Areas G and H: 18 Dwelling Units per acre. (iii)Planning Area I: Subject to this Section D.6(e)(iii), 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)(iii), streets are subject to the standards set forth in Exhibit F of this PUD Guide. 7.Planning Area J –Regional/Neighborhood Commercial and Residential Mixed Use Projects. (a)Uses by Right: Except as specifically identified as Special Review Uses in Section 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). 28 1650530.6 (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: (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. 29 1650530.6 (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. (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. 30 1650530.6 (h)Street Requirements: Streets are subject to the standards set forth in Exhibit F of this PUD Guide; provided, however, (i)Section A.4(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). (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 31 1650530.6 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 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. 32 1650530.6 (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-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. 33 1650530.6 (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. (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. 34 1650530.6 (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. (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. 35 1650530.6 (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: (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. 36 1650530.6 (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. (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. 37 1650530.6 (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, 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. 38 1650530.6 (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. (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). 39 1650530.6 (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: (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. 40 1650530.6 (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. (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 41 1650530.6 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; (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; 42 1650530.6 (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 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. 43 1650530.6 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 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; (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; 44 1650530.6 (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. 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 45 1650530.6 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; (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 46 1650530.6 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 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 47 1650530.6 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 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 48 1650530.6 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 (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. 49 1650530.6 (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 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. 50 1650530.6 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 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 51 1650530.6 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 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. 52 1650530.6 (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 (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. 53 1650530.6 (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. 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. 54 1650530.6 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 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 55 1650530.6 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. (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: 56 1650530.6 (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 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; 57 1650530.6 (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). 16.Provision of Certain Amenities. (a)Community Park (Planning Area P3). 58 1650530.6 (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 (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. 59 1650530.6 (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. A-1 1650530.6 EXHIBIT A Legal Description A-2 1650530.6 A-3 1650530.6 B-1 1650530.6 EXHIBIT B PUD Master Plan [Follows This Page] B-2 1650530.6 C-1 1650530.6 EXHIBIT C The Village (at Avon) Parking Regulations C-2 1650530.6 C-3 1650530.6 C-4 1650530.6 C-5 1650530.6 C-6 1650530.6 C-7 1650530.6 D-1 1650530.6 EXHIBIT D Wildlife Mitigation Plan D-2 1650530.6 D-3 1650530.6 D-4 1650530.6 D-5 1650530.6 D-6 1650530.6 D-7 1650530.6 D-8 1650530.6 E-1 1650530.6 EXHIBIT E Minimum Design Guideline Standards E-2 1650530.6 E-3 1650530.6 E-4 1650530.6 E-5 1650530.6 E-6 1650530.6 E-7 1650530.6 E-8 1650530.6 E-9 1650530.6 E-10 1650530.6 E-11 1650530.6 E-12 1650530.6 E-13 1650530.6 E-14 1650530.6 E-15 1650530.6 F-1 1650530.6 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 F-2 1650530.6 Exhibit 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’ F-3 1650530.6 (min.)R.O.W. as generally depicted on the conceptual illustration attached as a part of this Exhibit F (illustration 10 or 12). (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 F-4 1650530.6 (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. (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 F-5 1650530.6 (i)The driving width does not included curve widening if required by AASHTO. (f)Minimum Site Distance: 200 feet (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 F-6 1650530.6 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. 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. F-7 1650530.6 F-8 1650530.6 F-9 1650530.6 F-10 1650530.6 F-11 1650530.6 F-12 1650530.6 F-13 1650530.6 F-14 1650530.6 F-15 1650530.6 F-16 1650530.6 F-17 1650530.6 F-18 1650530.6 F-19 1650530.6 F-20 1650530.6 F-21 1650530.6 F-22 1650530.6 F-23 1650530.6 F-24 1650530.6 G-1 1650530.6 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) G-2 1650530.6 (s)§§7.32.010(c)(2) &(6)Engineering Improvement Standards: Standards and Specifications (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. H-1 1650530.6 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 H-2 1650530.6 writing as its authorized representative for the purpose of representing the Landowner and/or acting upon any application or submittal for development of the pertinent Site (which may be a contract purchaser or owner of an option to purchase fee simple ownership of the Site or portion thereof with the fee owner’s written consent to any such application or submittal, or which may be an owners’ association for a Condominium project or like common interest ownership project). Notwithstanding any additional or conflicting provision of the Municipal Code, the 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. H-3 1650530.6 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 H-4 1650530.6 or other 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. H-5 1650530.6 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; H-6 1650530.6 (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; H-7 1650530.6 (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; H-8 1650530.6 (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 H-9 1650530.6 prepared, approved and promulgated by the Design Review Board and which establish the sole and exclusive 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 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 H-10 1650530.6 purposes of the Dwelling Unit calculation, each residence within a Duplex Structure counts as a separate Dwelling Unit, thereby counting as two Dwelling Units per Duplex Structure. If the Site on which a Duplex Structure is constructed is subsequently subdivided into two separate Lots, each of the Lots and Dwelling Units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. 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 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. H-11 1650530.6 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). H-12 1650530.6 (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. H-13 1650530.6 Lot Area means the gross area contained within the external boundary lines of a Lot, expressed in acres or in square feet. 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 H-14 1650530.6 and constructed as a unified project. Mixed Use Projects may be horizontally integrated or vertically integrated, or both. 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. H-15 1650530.6 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. 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(b)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. H-16 1650530.6 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. 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 September 11, 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). H-17 1650530.6 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. 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 H-18 1650530.6 (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 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(c)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. H-19 1650530.6 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. 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 H-20 1650530.6 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. (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 H-21 1650530.6 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. I-1 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 I-2 subdivisions more than four (4)units which do not propose public improvements shall be processed as minor subdivisions. (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: I-3 (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; (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; I-4 (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 (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 I-5 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) 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 2 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 2 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 2 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 2 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 2 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 2 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. ATTACHMENT 3 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. ATTACHMENT 3 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. ATTACHMENT 3 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. ATTACHMENT 3 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 ATTACHMENT 3 ATTACHMENT 3 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 ATTACHMENT 4 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 4 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 4 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 4 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 4 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 4 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 4 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. 2 ATTACHMENT 4 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 4 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 4 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 4 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 4 Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: David McWilliams, AICP, Town Planner Meeting Date: September 11, 2018 Topic: PUBLIC HEARING ON RESOLUTION 18‐13, APPROVING A MINOR PUD AMENDMENT APPLICATION FOR LOT 38 AND 39W BLOCK 4 WILDRIDGE PUD ACTION BEFORE COUNCIL Before Council is action on Resolution 18‐13, approving a Minor PUD Amendment Application for Lot 38 and 39w Block 4 Wildridge PUD. RECOMMENDED MOTION “I move to approve Resolution 18‐13, thereby approving a Minor PUD amendment application for Lot 38 and 39w Block 4 Wildridge PUD.” BACKGROUND The properties are currently allowed to be built with one (1) duplex each, and a shared access drive between Lot 39A, Lot 39B, and Lot 39W. The application seeks to allow for two (2) single family homes on each property, with a shared access connection. The density remains at four (4) total dwelling units for the properties. PZC REVIEW The Planning and Zoning Commission held a Public Hearing on August 21, 2018. They voted with unanimous recommendation to approve the Application, with a modification to the building envelopes. The staff report to PZC includes a thorough analysis of the mandatory review criteria for Council to consider when reviewing and acting upon this Application. While staff’s vetting of the application resulted in a recommendation for continuance, staff is satisfied that the PZC’s recommendation properly addresses concerns including:  The position Lot 38B was not deemed to be visually obtrusive due to the glass ceiling  A fire truck turnaround would be required even without the inclusion of Lot 38 in the shared access drive  Disturbed area appears to be diminished by this proposal, especially on steep slopes  The visual effect of the buildings is diminished by the duplex split OPTIONS  Continue Public Hearing, pending additional information.  Approve Resolution 18‐13, thereby approving a minor PUD amendment application to Lot 38 and 39w Block 4 Wildridge PUD. Page 2 of 2  Deny the application by approving findings of fact and record of decision reflecting said motion. ATTACHMENTS Attachment 1: Resolution 18‐13 Attachment 2: PZC Findings and Recommendation Attachment 3: August 21 Staff Report to PZC Attachment 4: Application Materials Attachment 1 TOWN OF AVON RESOLUTION 18-13 APPROVING A MINOR PUD AMENDMENT TO LOT 38 AND 39W BLOCK 4 WILDRIDGE PUD, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on July 20, 2018 by Bobby Ladd (“Applicant”); and WHEREAS, the Application requests to amend the zoning of Lot 38 and 39W Block 4 Wildridge PUD, to allow for single family houses instead of the two (2) duplex units assigned, and allow a shared access drive from Lot 39A and Lot 39B instead of an individual driveway for Lot 38; and WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(1)(ii), Avon Development Code; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 21, 2018 after posting notice of such Public Hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Development Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission recommended that the Town Council approve the Application by approving findings of fact and a record of decision; and WHEREAS, the Avon Town Council held a public hearing on September 11, 2018, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4), Avon Development Code, and made the following findings regarding the Application: (1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final PUD, Avon Development Code, which allowed the application to be processed as a minor amendment pursuant to §7.16.060(h)(1)(ii), Minor Amendment, Avon Development Code, and utilized the review criteria set forth in §7.16.060(e)(4), Preliminary PUD Review Criteria, Avon Development Code; and, (2) The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD Review Criteria, Avon Development Code, based upon review of the Application, the Town’s staff report, and other evidence considered by the Avon Town Council at the public hearing; and, (3) The Application will not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and, (4) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including limiting development on steep slopes. Attachment 1 NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that File #PUD18002, a Minor PUD Application for Lot 38 and 39W Block 4 Wildridge PUD, Town of Avon, Eagle County, State of Colorado, is hereby approved subject to the following conditions at subdivision: 1. Storm water drainage easements between property lines shall be demonstrated before subdivision; 2. Increase the east setback of Lot 39C by 40 feet; and 3. The shared driveway shall be maintained solely by the Home Owners Association of Lots 39 A-D and 38 A and B. ADOPTED this 11th day of September, 2018. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL DATE OF DECISION: August 21, 2018 TYPE OF APPLICATION: PUD Amendment PROPERTY LOCATION: Lot 38, Lot 39 W, Block 4, Wildridge Subdivision FILE NUMBER: PUD18002 APPLICANT: Bobby Ladd This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.060(h): DECISION: Approval of the development plan with the following Findings and Conditions: FINDINGS: 1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the PUD with two residential dwelling units on the Property; 6. The PUD Amendment promotes the public health, safety and welfare over that of the existing development rights for a duplex because the Applicant is imposing stricter standards than the existing development standards; and 7. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment or neighboring properties. CONDITIONS: 1. Storm water drainage easements between property lines shall be demonstrated before subdivision; 2. Increase the east setback of Lot 39C by 40 feet; and 3. The shared driveway shall be maintained solely by the Home Owners Association of Lots 39 A-D and 38 A and B. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson Attachment 2 1August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment Staff Report – Minor PUD Amendment August 21, 2018 Planning & Zoning Commission Meeting Introduction Bobby Ladd, the Applicant, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building types, for Lot 38 and 39 W, Block 4, Wildridge Subdivision (the Property). The application also proposes access to the properties, via a shared drive, from Lot 39 E to the east of these properties. Currently, two (2) duplexes, with independent driveways from the street, are permitted by‐right. The Application would amend the zoning to change the allowed building type to construct four (4) single‐family‐detached structures on re‐subdivided lots. Current Conditions Lot 38 and 39 W are currently undeveloped, zoned PUD and are included in the Wildridge Subdivision. The PUD Plat contains a Land Use Summary table indicating the number of units entitled for each individual lot. Lot 38 is shown as entitled for two (2) units in the form of one (1) structure. Lot 39 was originally entitled for four (4) units in the form of two (2) duplexes or a fourplex. One duplex is currently built on Lot 39 A and B, leaving a remaining two (2) units available for Lot 39 W. Picture showing the two properties. The lot to the left of 39W has a duplex with a driveway behind the units, in line to connect to the other properties. Process Minor PUD Amendment Process According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use Project File Case #PUD18002 Legal description Lot 38, 39 W, Block 4, Wildridge Subdivision Zoning PUD (2 Duplexes) Address 5032 and 5040 Wildridge Road East Owner Prepared By 5032‐5040 Wildridge LLC David McWilliams Town Planner Attachment 3 2August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. The application, as submitted, meets the criteria for a Minor Amendment. While the application is not eligible for processing as a Wildridge Lot Split PUD Amendment, due to the proposal including more than one duplex property, those criteria are also considered in this evaluation. 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. Additionally, a notice was published in the Vail Daily newspaper on August 10. Public Hearings The August 21, 2018 meeting accomplishes the public hearing requirement for PZC review. The Council will make the final decision on this Application after holding one more public hearing and acting on a Resolution. The Town Council hearing is scheduled for September 11, 2018. Property History These properties were proposed to be amended to allow for six (6) single family detached homes with platted open space in 2015, and a driveway in a similar location as what is proposed today. The application was denied. Lot 39 A and B were subsequently developed with a by‐right duplex and a rear driveway, and subdivided from Lot 39 W, which now has rights to a duplex. Proposed PUD Amendment The Application includes a narrative, response to the mandatory review criteria, and preliminary site and building design plans showing a likely development concept. This Application requests to create four (4) separate lots of record that each would be permitted one (1) single‐family‐detached structure (Attachment Sheet A0.0, page 9 and 10) with the following constraints: Lot Lot Size Building Height Glass Ceiling Height* Footprint Limit (sf) Livable Area (sf) Lot 39C 0.696 acres or 30,317 sf 35 ft. 8460 4,000 5,000 Lot 39D .610 acres or 26,571 sf 35 ft. 8455 4,000 5,000 Attachment 3 3August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment Lot 38A .478 acres or 20,821 sf 35 ft. 8440 5,000 5,000 Lot 38B .544 acres or 23,697 sf 35 ft. 8450 5,000 5,000 *indicates the maximum ridge line height no matter how tall the building is. Approval of this request would supersede the existing entitlements on the lots and would allow one (1) single‐ family‐detached structure on each new lot. The Application includes easements amended from the standard Wildridge easements of ten (10) foot front Snow Storage, Maintenance Easement, and seven and one‐half (7.5) foot side yard drainage and utility easements. A completed drainage and utility easement between properties would be required before subdivision. Proposed setbacks vary between properties and would maintain a minimum of twenty (20) feet between any of the structures. Lot 38B is of note because it is tucked so far into the corner, far from the expected development pattern under existing zoning. Lot 38 will have 15’ internal setbacks and a 30’ setback from Lot 37. Staff Analysis The current development rights allow a single‐family or duplex structure on each lot. Staff encourages PZC to view this application in two separate pieces for both lots: the shared driveway component, and the split duplex component. Staff finds a mix of advantages, disadvantages, and unclear elements of the proposed PUD Amendment, including: Advantages:  Decreased building footprint and envelope through self‐imposed restrictions resulting in increased open space/ undevelopable area.  One driveway cut may be safer on this stretch of steep and windy road and may reduce grading.  The division of the duplexes may provide for less prominent building forms and more compatible design.  The “glass ceiling” may serve to limit visual prominence of the buildings.  This plan maximizes building development on the least steep land on the sites (Attachment page 20). Disadvantages:  The application proposes a high section of Lot 38 B for development. While staff recognizes that the new proposed setbacks are more restrictive than the current ones, the practical difficulties of building in this location without the PUD amendment allowing for a shared drive seem prohibitive.  Due to the length of the shared drive, a fire truck turn‐around will be required thus disturbing more area on lot 38 A and B. Additionally, the length of shared driveway requires a wider driveway profile, and resultant retaining walls that could exceed existing development right patterns.  The duplex split for both properties is proposed in part as a way to create a smaller visual effect of the buildings, but the proposed minimum distance between buildings (and the conceptual design Setbacks Front Side Rear Lot 39C 25' 10 50' Lot 39D 50' 10' 50' Lot 38A 50' 10' 10' Lot 38B 120‐ 160' 15' east/ 30' west 10' Attachment 3 4August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment shown for Lot 39 C and D) is limited to 20 feet, which seems to only lengthen the visual impact.  The proposed driveway component still requires extensive retaining walls, driveway cuts over 30 degrees, and disturbed areas to build houses. Unclear Elements:  Staff required the applicant show a site plan demonstrating the infeasibility of conforming with the current PUD regulations (Attachment, sheet A0.3). While staff does not doubt the sincerity of the attempt, those forms are hard to judge against the proposal.  Staff is uncertain that the difference in disturbed areas that would result in the duplex splits proposed in this application are substantial, especially for the proposed Lot 39 C and D. (Attachment, Sheets A0.1 vs A0.2) PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the 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. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. PZC should carefully weigh if the application provides compatible building layouts with the surrounding area. The surrounding area is predominately single‐family and duplex development, without shared access, and driveway profiles that (with the exception of Lot 37, pictured to the east of Lot 28 on the first page of this staff report) limit retaining walls and / or disturbance by developing only high enough to capture views and provide safe ingress and egress onto the abutting roads. The request for one curb cut from Lot 39B indeed results in less site disturbance between the structures. Lot 39 A and B were not serendipitously built with the driveway in the rear, but to accommodate the general development pattern proposed in this application. Staff would have preferred incorporating the process planning for Lot 39 A and B with these neighboring lots, and now struggles to see that this application addresses a unique situation other than one of the applicant’s own making. Building on steep lots in Wildridge has been a reality for the subdivision’s entire history. Further, the current development standards seem to serve the properties as well or better than the proposed, especially with the proposed envelope of Lot 38B, and the 20‐foot minimum distance proposed between buildings. Attachment 3 5August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment The PUD amendment does not increase demands on public services. Other applicable development standards (parking, design standards, access requirements) would remain intact. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: While the proposed development standards seem more restrictive than the existing, combined with the site constraints, staff is unsure that the PUD amendment results in a design that will promote the public health, safety, and general welfare to the same degree of the original PUD. (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); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Staff finds this application generally compliant with the purposes of the Development Code, including, (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures. The site is in the Northern Residential District (District 11 of the Comprehensive Plan), which states in its overview, “due to the limited number of existing trees and shrubs and the open character of the property, special care should be taken to ensure that all structures are compatible with one another and in harmony with the natural surroundings.” This district includes Planning Principles that encourage open space preservation, sidewalks, and to, encourage and support development that: • Prohibits significant alteration of natural environment as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting. Staff does not doubt the physical limitations of building driveways and houses on these steep lots, but is hesitant to find that the PUD amendment improves the compatibility of the structures, harmony with the surroundings, or diminishes the alteration of the natural environment more than the approved PUD. (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; Staff Response: This PUD amendment does not change the current development rights to construct four Overlay showing approximate locations of the structures compared to neighboring properties. Attachment 3 6August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment residential units and the existing services can adequately serve the properties. The fire department has signed off on the proposed driveway alignment. (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; Staff Response: When compared to the existing duplex zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. Staff is unclear if there is more disturbance to the natural environment with this application. Storm water drainage easements between property lines should be a condition of approval. (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 Staff Response: While the current standards on the property do not expressly preclude development on the upper reaches of the property, the proposed Lot 38 B envelope and the closeness of houses on Lot 39 C and D are concerning for to the neighborhood aesthetic. Approval of this PUD amendment may result in a house looming over the homes in the vicinity and a visually dominant stretch of houses. (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: Single‐family‐detached residential use is compatible in scale with current and potential uses on other properties in the vicinity of the Property. Staff Recommendation Staff recommends that Lot 39 W should remain a duplex to reduce visual prominence and because the building siting area seems to allow for it; and that Lot 38 be redesigned either as a duplex or with a single‐family lot accessed from the shared drive and a single‐family lot accessed from Wildridge Road East to promote compatible development. Staff is recommending continuance in order for the applicant to address the comments in this staff report. Recommended Motion: “I move to continue Case #PUD18002, an application for a Minor PUD Amendment for Lot 38 and 39 W, Block 4, Wildridge Subdivision to address the recommendations as noted in Staff’s report” Alternatively, the following Findings and Conditions may be applied should PZC make a favorable recommendation to Council: Findings: 1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the PUD with two residential dwelling units on the Property; 6. The PUD Amendment promotes the public health, safety and welfare over that of the existing development rights for a duplex because the Applicant is imposing stricter standards than the Attachment 3 7August 21, 2018 PZC Meeting – 5032 and 5040 Wildridge Road East PUD Amendment existing development standards; and 7. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment or neighboring properties. Condition: 1. Storm water drainage easements between property lines shall be demonstrated before subdivision. Attachment A: Application Materials Attachment 3 5032 Wildridge Road East and 5040 Wildridge Road East PUD Lot Split PUD Amendment Lots 38 and 39W Block 4 Wildridge Subdivision Town of Avon, Colorado May 28, 2018 Revised June 6, 2018 Revised June 26, 2018 Revised July 19, 2018  ATTACHMENT 4 Introduction Lot 38 is approximately 1.02 ares and sits on the north side of Wildridge Road East soon after the four way intersection that signiﬁes the split of Wildridge Road East and West. The property is very steep with extremely limiting grades and building siting areas. The areas of the lots that abut Wildridge Road East are extremely steep and limiting for site access, with there in reality being only one reasonable area for site access on the far Eastern edge of the adjacent Lot 39 where the existing duplex driveway is situated. Under the Wildridge PUD, Lot 38 is currently zoned for two total dwelling units, contained in one duplex. This PUD proposes replatting Lot 38 into two separate lots permitting one single family residence on each property. These lots would be accessed by continuing the existing driveway on the adjacent property Lot 39 to the West and onto Lot 38. This would consolidate the total development for all of the property into one curb cut along Wildridge Road East creating a safer site access situation along an existing steep and and curvy road. It would also greatly limit the amount of disturbance on Lot 38 which has a very steep and challenging topography along Wildridge Road East. Lot 39W is approximately 1.306 acres and sits on the north side of Wildridge Road East soon after the four way intersection that signiﬁes the split of Wildridge Road East and West. The property is very steep with extremely limiting grades and building siting areas. The areas of the lots that abut Wildridge Road East are extremely steep and limiting for site access, with there in reality being only one reasonable area for site access on the far Eastern edge of Lot 39A where the existing duplex driveway is situated. Under the Wildridge PUD, Lot 39W has remaining zoning for two total dwelling units, contained in a duplex. Lot 39W was originally part of Lot 39 prior to a duplex being constructed on the eastern side of the lot and the Final Plat of the lot has been recorded dividing the property into Lot 39A and 39B for the existing duplex and Lot 39W for the future development of the remaining zoning rights for the property. This PUD proposes replatting Lot 39W into two separate lots permitting one single family residence on each property. These lots would be accessed by continuing the existing driveway to the West and consolidating all four units into one curb cut along Wildridge Road East. ATTACHMENT 4 Vicinity Map ATTACHMENT 4 ATTACHMENT 4 ATTACHMENT 4 ATTACHMENT 4 ATTACHMENT 4 Lot 39B Lot 39ALot 39C LOT 38A 0.696 ACRES 0.478 ACRES Lot 39D 0.610 ACRES LOT 38B 0.544 ACRES 50' SETBACK 10' SETBACK 50' SETBACK 50' SETBACK 25' SETBACK 50' SETBACK 25' SETBACK 25' SETBACK10' SETBACK10' SETBACK10' SETBACK10' SETBACK10' SETBACK15' SETBACK15' SETBACK15' S E T B A C K 30' SETBACK15' SETBAC K 15' SETBA C K 15' SETBACK6,598 SF ENVELOPE 8,113 SF ENVELOPE 11,843 SF ENVELOPE 15,476 SF ENVELOPE Lot 39W LOT 38 1.306 ACRES 1.022 ACRES Lot 39B Lot 39ALot 39A 10' SETBACK 25' SETBACK 25' SETBACK 25' SETBACK10' SETBACK10' SETBACK10' SETBACK10' SETBACK10' S E T B A C K 10' SETBACK 25' SETBACK10' SETBACK33,848 SF DEVELOPABLE AREA 43,361 SF DEVELOPABLE AREA SHEET OF : I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PNZ PUD Submittal 05.28.18 16-221B PROJECT NO.: August 15, 2018 DATE: ral DRAWN BY: SCALE: RAL Architects, Inc.2018C Edwards, Colorado 81632email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Wildridge Road Wildridge PUD S T R U C T U R A L - Block 4 Lots 38 and 39 Avon, CO 81620 B PNZ PUD Final Submittal06.05.18 5032 and 5040 Zoning Diagram Site Plan A0.0 1" = 30' Proposed Zoning Scale: 1" = 30' Existing Zoning Scale: 1" = 30' ATTACHMENT 4 Zoning Analysis Lot 38 Existing Proposed Density Lot 38 - 2 Units (Duplex)Lot 38A - 1 Unit (Single Family) Lot 38B - 1 Unit (Single Family) Total - 2 Units Total - 2 Units Setbacks Lot 38 Lot 38A Front - 25’Front - 50’ Side - 10’Side - 10’ Rear 10’Rear - 10’ Proposed Envelope - 9,481 sf Lot 38B Front - Approximately 120’-160’ from front property line East Side - 10’ West Side - 20’ Rear - 10’ Proposed Envelope - 8,976 sf Total Developable Area - 33,848 sf Total Developable Area - 18,457 sf Massing Lot 38 Lot 38A No limit Maximum footprint - 5,000sf Lot 38B Maximum footprint - 5,000sf Area Lot 38 Lot 38A No limit Maximum residential ﬂoor area - 5,000sf Lot 38B Maximum residential ﬂoor area - 5,000sf Height Lot 38 Lot 38A 35’35’, with glass ceiling elevation 8440 Lot 38B 35’, with glass ceiling elevation 8450 ATTACHMENT 4 Zoning Analysis Lot 39 Existing Proposed Density Lot 39A - 1 Unit (Existing Duplex) Lot 39A - 1 Unit (Existing Duplex) Lot 39B - 1 Unit (Existing Duplex) Lot 39B - 1 Unit (Existing Duplex) Lot 39W - 2 Units (New Duplex) Lot 39C - 1 Unit (New Single Family) Lot 39D - 1 Unit (New Single Family) Total - 4 Units Total - 4 Units Setbacks Lot 39W Lot 39C Front - 25’Front - 25’ Side - 10’Side - 10’ Rear 10’Rear - 50’ Proposed Envelope - 15,476 sf Lot 39D Front - 50’ Side - 10’ Rear - 50’ Proposed Envelope - 14,582 sf Total Developable Area - 43,361 sf Total Developable Area - 30,058 sf Massing Lot 39W Lot 39C No limit Maximum footprint - 4,000sf Lot 39D Maximum footprint - 4,000sf Area Lot 39W Lot 39C No limit Maximum residential ﬂoor area - 5,000sf Lot 39D Maximum residential ﬂoor area - 5,000sf Height Lot 39W Lot 39C 35’35’, with glass ceiling elevation 8460 Lot 39D 35’, with glass ceiling elevation 8455 ATTACHMENT 4 PUD Review Criteria Lot 38 (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director. (A) The PUD amendment does not increase the density, increase the amount of nonresidential land use or signiﬁcantly alter any approved building scale and mass of development. The proposed PUD amendment maintains the same density. Maintaining approved building scale and massing would be through creating building massing restrictions as demonstrated in the Zoning Analysis on previous pages. Additionally, separating the structure into two smaller units would create a smaller visual affect of the buildings on the property and allow for additional landscape buffers between the units softening their appearance. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. The proposed PUD amendment does not alter the character of the development as the proposed structures are consistent with the size and massing of existing structures within the Wildridge PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. Open space is not affected with this PUD amendment. Additionally, under this proposed amendment, additional area on the subject property will be removed from the developable area creating more open area within the property boundaries. (iii) Lot Split Amendment to Wildridge PUD. A proposed PUD amendment to the Wildridge PUD to permit a lot split of a duplex lot into two (2) lots is considered a Lot Split Wildridge PUD amendment if it meets the following criteria for decision and has been determined as such by the Director: (A) The proposed duplex lot split is located in the Wildridge PUD Subdivision on a vacant, undeveloped lot. The subject property is within the Wildridge PUD and undeveloped. (B) The proposed PUD amendment meets the criteria or a Minor Amendment in Section 7.16.060(h)(1)(ii). See above. ATTACHMENT 4 (C) The PUD amendment proposes to split one (1) lot permitting a residential duplex dwelling into two (2) lots permitting one (1) detached single-family- residential dwelling on each lot. See Zoning Analysis on previous pages. Additional Review Criteria. The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major amendments in the Wildridge PUD that include a Lot Split according to the following criteria in addition to the review criteria for a preliminary PUD development plan: (i) The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; The proposed zoning would restrict the development area to 55% of the current developable area of the lot. (ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and the a shared driveway curb cut would reduce site disturbance; A shared driveway is proposed coming from the adjacent property, Lot 39. The grading on Lot 38 adjacent to Wildridge Road East is steep and the lot frontage is narrow. Accessing a driveway through this portion of the property would create a steep solution with excessive grading and retaining walls. (iii) Areas not appropriate for development are designated on the PUD plan; The steepest portion of the lots are located in the front setback. This PUD amendment proposes to increase the front setback and to restrict any grading into the front setback on the newly created lots 38A and 38B to preserve these cliff like areas. (iv) The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing PUD designation; and, By splitting the proposed structures into two separate masses and overlapping the garages, the driveway area created between them will serve as the ﬁretruck turn around area required by ERFPD. This design solution uses the buildings to retain this required area and eliminates the need for signiﬁcant cuts or ﬁlls along with associated retaining walls for the ﬁretruck turn around preserving additional portions of the lot that would otherwise be disturbed to create this access area. Additionally, utilizing a shared driveway with Lot 39 preserves the site frontage along Wildridge road which is the steepest portion of the lot. These design improvements are represented in the varying options included on the attached sheet A0.2. Option 1 represents the proposed PUD amendment which splits the structure into two separate single family residences accessed from a shared ATTACHMENT 4 driveway from Lot 38. This solution uses the buildings and their adjacent driveways to create the required ﬁretruck turnaround area. Option 2 represents a typical duplex structure accessed from a shared driveway from Lot 38. In this alternative, the ﬁre truck turnaround increases the area of disturbance along with the amount of retaining walls on the site since the structure can’t be reasonably used to create the ﬁre truck turnaround. Option 3 represents a duplex structure with its own driveway accessed from Wildridge Road East. This solution creates major excavation and cuts exceeding 50’ with extensive retaining walls and would disturb the steepest portion of the site. (v) The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity including but not limited to: (A) enhanced landscaping; (B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum of ten (10) feet setback between properties); (C) designated building footprints; (D) building height restrictions; and (E) designated architectural massing, including building square footage designation. Development restrictions are proposed to limit building massing through the following: A. Separating the units into two structures creates a landscape buffer zone between the units softening the appearance and reducing the linear massing and length of the building dictated by the steep terrain. B. Building setbacks have been increased to neighboring properties and the street to create larger spacing between homes and greater buffer areas for landscaping. C. Building footprints will be restricted to maximum areas and contained in speciﬁc building envelopes that are smaller and signiﬁcantly more restrictive than the current setback requirements. D. Finite glass ceilings are proposed to prevent structures from obscuring views from neighboring properties. The glass ceiling would be in addition to the existing 35’ maximum height restriction. E. Both building footprint and total building areas will be limited to maximum sizes. See Zoning Analysis on previous pages for speciﬁc details. ATTACHMENT 4 PUD Review Criteria Lot 39 (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director. (A) The PUD amendment does not increase the density, increase the amount of nonresidential land use or signiﬁcantly alter any approved building scale and mass of development. The proposed PUD amendment maintains the same density. Maintaining approved building scale and massing would be through creating building massing restrictions as demonstrated in the Zoning Analysis on previous pages. Additionally, separating the structure into two smaller units would create a smaller visual affect of the buildings on the property and allow for additional landscape buffers between the units softening their appearance. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. The proposed PUD amendment does not alter the character of the development as the proposed structures are consistent with the size and massing of existing structures within the Wildridge PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. Open space is not affected with this PUD amendment. Additionally, under this proposed amendment, additional area on the subject property will be removed from the developable area creating more open area within the property boundaries. (iii) Lot Split Amendment to Wildridge PUD. A proposed PUD amendment to the Wildridge PUD to permit a lot split of a duplex lot into two (2) lots is considered a Lot Split Wildridge PUD amendment if it meets the following criteria for decision and has been determined as such by the Director: (A) The proposed duplex lot split is located in the Wildridge PUD Subdivision on a vacant, undeveloped lot. The subject property is within the Wildridge PUD and is undeveloped. (B) The proposed PUD amendment meets the criteria or a Minor Amendment in Section 7.16.060(h)(1)(ii). See above. (C) The PUD amendment proposes to split one (1) lot permitting a residential duplex dwelling into two (2) lots permitting one (1) detached single-family- residential dwelling on each lot. ATTACHMENT 4 See Zoning Analysis on previous pages. Additional Review Criteria. The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major amendments in the Wildridge PUD that include a Lot Split according to the following criteria in addition to the review criteria for a preliminary PUD development plan: (i) The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; The proposed zoning would restrict the development area to 63% of the current developable area of the lot. (ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and the shared driveway curb cut would reduce site disturbance; A shared driveway is proposed. Driveway disturbance across the lot would be equivalent to that required for a duplex residence as the less steep portion of the property is located on the far west side of the lot and the driveway would traverse the extent of the lot for either development scenario. (iii) Areas not appropriate for development are designated on the PUD plan; The steepest portion of the lots are located in the front setback. This PUD amendment proposes to restrict any grading into the front setback on the newly created lots 39C and 39D to preserve these cliff like areas. (iv) The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing PUD designation; and, The entire site consists almost entirely of slopes exceeding 30% including some slopes approaching 100%. The steepest areas are immediately adjacent to Wildridge Road making a separate site access for this duplex virtually impossible, dictating a solution for a shared driveway with Lots 39A and 39B. By splitting the proposed structures into two separate masses, a drainage swale is created between them. This drainage swale permits the two units to be isolated from each other and vary in vertical elevation more so than if they were attached. This will assist in limiting grading around the buildings to help keep a tighter limits of disturbance to help preserve as much of the lot as possible. (v) The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity including but not limited to: (A) enhanced landscaping; ATTACHMENT 4 (B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum of ten (10) feet setback between properties); (C) designated building footprints; (D) building height restrictions; and (E) designated architectural massing, including building square footage designation. Development restrictions are proposed to limit building massing through the following: A. Separating the units into two structures creates a landscape buffer zone between the units softening the appearance and reducing the linear massing and length of the building dictated by the steep terrain. B. Building setbacks have been increased to neighboring properties and the street to create larger spacing between homes and greater buffer areas for landscaping. C. Building footprints will be restricted to maximum areas and contained in speciﬁc building envelopes that are smaller and signiﬁcantly more restrictive than the current setback requirements. D. Finite glass ceilings are proposed to prevent structures from obscuring views from neighboring properties. The glass ceiling would be in addition to the existing 35’ maximum height restriction. E. Both building footprint and total building areas will be limited to maximum sizes. See Zoning Analysis on previous pages for speciﬁc details. ATTACHMENT 4 GRATE AND DRAIN PIPE 01 02 03 04 07 08 09 00 05 99 06 10 11 12 13 14 15 19 14.93 16.37 15.43 16.20 20 15.83 15.83 16.47 13.50 15.33 16 17.00 17.00 17 16.92 16.92 1820 20.20 18 15.5 15.5 15.5 15.5 14.0 14.0 12.5 11.5 9.5 9.5 8.0 3.0 19 21 22 23 24 25 212 SF 63 SF 69 SF 911 SF SNOW STORAGE SNOW STORAGE STORAGE SNOW STORAGESNOW ENTRY FLOORELEVATION 20.20 GARAGE FLOORELEVATION 17.0 GARAGE FLOORELEVATION 15.83 ENTRY FLOORELEVATION 15.83 MAIN FLOORELEVATION 17.0 LOWER FLOORELEVATION 5.0 LOWER FLOORELEVATION 2.0 MAIN FLOORELEVATION 14.0 CONCRETE PATIO 4.5 CONCRETEWALK CONCRETEWALK ASPHALT DRIVEWAY ASPHALT DRIVEWAY 5%120 SF SNOW STORAGE 137 SF SNOW STORAGE 77 SF SNOW STORAGE 54 SF SNOW STORAGE EXTEND EXISTING STORM EXISTING CULVERTTO REMAIN CENTERLINE OFDRAINAGE SWALE NEW CULVERT NEW STONE RIP RAP 1.5 CONCRETE PATIO DRAIN PIPEEXISTING 8" STEEL DRAIN PIPEEXISTING 6" DUCTILE EXISTING WATER VALVES NEW STONE RIP RAP DRAIN PIPEEXTEND 6" DUCTILE DRAIN PIPEEXISTING 2" PVCDRAIN PIPEEXISTING 4" PVC DRAIN PIPEEXTEND 2" PVC DRAINAGE AND UTILITY EASEMENTDRAINAGE AND UTILITY EASEMENTELEC GRAVEL ROAD GRAVEL ROAD ROCK OUTCROP SEWER SEWER TV TV ELEC LIMITS OF DISTURBAN C E LIMITS OF DISTURBANCE NEW D RAIN A G E AN D UTILITY EAS ME NT NEW DRAINAGE AND UTILITY EASMENT NEW DRAINAGE AND UTILITY EASMENT DRAIN PIPEEXTEND 4" PVC NEW STONE RIP RAP DRAIN PIPEEXTEND 8" STEEL EXISTING 48" DRAIN PIPE VERTICALLY TO MEETNEW GRADE 0203 0405040302 01 21 25 34 26 31 24 19 19 20 21 22 25 22 21 20 19 23 15 14 13 ROUGH DRIVEW A Y SILT FENCE SILT FENCE SILT FENCE SILT FENCE SILT FENCELIMITS OF DISTURBANCELIMITS OF DISTURBANCE LIMITS OF DISTURBANCELIMITS O F D I S T U R B A N C E LIMITS OF DISTURBANCE LIMITS OF DISTURBANCEROCK OUTCROP ROCK OUTCROP 20 33 24 25 26 27 28 32 2930 34 35 26 29 31 27 35 35 24 25 32 29 30 28 33 36 37 38 17.5 ENTRY FLOORELEVATION 17.50 15.15 16.00 16.25 16.00 GARAGE FLOORELEVATION 16.0 15.15 16.25 15.89 16.25 GARAGE FLOORELEVATION 16.25 MAIN FLOORELEVATION 15.0 LOWER FLOORELEVATION 4.0 UPPER FLOORELEVATION 26.0LOWER FLOORELEVATION 1.5 MAIN FLOORELEVATION 13.5 17 18 19 25 22 22 23 23 34 33 34 35 27 32 25 181716 16.00 15.87 09 3.00 14.91 13.50 12 11 10 07 04 05 05 08 06 4.40 3.70 4.60 4.60 2.76 3.15 3.88 5.25 4.76 5.25 20 21 21 22 24 25 26 26 272726 26 27 28 28 29 30 3131 3232 36 37 MAIN FLOORELEVATION 5.0 LOWER FLOORELEVATION 93.0 LOWER FLOORELEVATION 94.0 MAIN FLOORELEVATION 6.0 0298 9793 97 93 LIMITS OF DISTURBANCE SHEET OF : I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PNZ PUD Submittal 05.28.18 16-221B PROJECT NO.: August 15, 2018 DATE: ral DRAWN BY: SCALE: RAL Architects, Inc.2018C Edwards, Colorado 81632email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Wildridge Road Wildridge PUD S T R U C T U R A L - Block 4 Lots 38 and 39 Avon, CO 81620 B PNZ PUD Final Submittal06.05.18 5032 and 5040 Overall Architectural Site Plan A0.1 1" = 30' ATTACHMENT 4 GRATE AND DRAIN PIPE01020304 070809 0005 9906 1011 12 13 14 15 19 14.93 16.37 15.43 16.20 20 15.83 15.83 16.47 13.50 15.33 16 17.00 17.0017 16.92 16.92 18 2020.2018 15.5 15.5 15.5 15.5 14.014.012.511.5 9.5 9.58.0 3.019 21 222324 25 212 SF63 SF 69 SF 911 SF SNOW S T O R A G E SNOW STORAG E STORAGESNOW STORAGESNOW ENTR Y F L O O R ELEVATI O N 2 0 . 2 0 GARAGE FLOORELEVATION 17.0GARAG E F L O O R ELEVA T I O N 1 5 . 8 3ENTRY FLOORELEVA T I O N 1 5 . 8 3 MAIN FLOORELEVAT I O N 1 7 . 0 LOWER F L O O R ELEVATION 5.0LOWER F L O O R ELEVATION 2.0MAIN FLOORELEVATION 14.0CONCRETE PATIO4.5 CONCR E T E WALKCONC R E T E WALKASPHAL T D R I V E W A Y ASPHALT DRIVEWAY5%120 SF SNOW S TORAGE 137 SFSNOW S T O R AGE 77 SF SNOW STORA G E 54 SF SNOW STORAG E EXTEN D E X I S T I N G S T O R M EXISTING C U L V E R T TO REMAINCENTER L I N E O F DRAINAGE SWALENEW CU L V E R T NEW STONE RIP RAP1.5CONCRETE PATIODRAIN P I P E EXISTING 8" STEELDRAIN PIPEEXISTING 6" DUCTILEEXISTIN G W A T E R V A L V E S NEW STONE RIP RAPDRAIN P I P E EXTEND 6 " D U C T I L E DRAIN P I P E EXISTING 2" PVCDRAIN PIPEEXISTING 4" PVCDRAIN PIPEEXTEND 2 " P V CDRAINAGE AND UTILITY EAS EME NT DRAINAGE AND UTILI TY EAS EMENT ELECGRAVEL ROADGRAVEL ROADROCK O U T C R O P SEWERSEWERTV TVELEC LIMITS OF DISTURBAN C E LIMITS OF DISTURBAN C E NEW DRAI NAG E AN D UT I L ITY EASMENT NEW DRAINAGE AND UTILITY EASMENTNEW D R A I N A G E A N D UTILITY EASMENTDRAIN PIPEEXTEND 4 " P V C NEW STONE RIP RAPDRAIN PIPEEXTEN D 8 " S T E E L EXISTING 48" DRAIN PIPEVERTICALLY TO MEETNEW G R A D E 0203040504030201 21 25 342631 24 191920 2122252221 20192315 14 13 ROUGH DRIVEWAY SILT FENCE SILT FEN C ESILT FENCE SILT FENCE SILT FENCE LIMITS O F D I S T U RBANCE LIMITS OF DISTURB AN CE LIMITS O F D ISTU R B A N CE LIMITS OF DISTURB A N CE LIMITS OF DISTURBANCE ROCK OUTCROPROCK OUTCROP2033 2425 2627 2832 29 30 34 3526 29 31 2735 35 242532 29 30 28333637 3817.5 ENTRY F L O O R ELEVATION 17.5014.40 16.00 16.00GARAGE FLOORELEVATION 16.015.15GARAG E F L O O R ELEVATION 15.5MAIN FLOORELEVA T I O N 1 5 . 0 LOWER FLOORELEVATION 4.0UPPER F L O O R ELEVATION 26.0LOWER FLOORELEVATION 1.5MAIN F L O O R ELEVA T I O N 1 3 . 5 17 18 19 25 222223233433 3435 2732 25 18 1716 16.0015.87093.00 12 11 10070405 05 08 064.40 4.60 5.25 4.765.252021 21 22 24 25 26262727 26262728282930 31 31 32 3236 37 03 LIMITS OF DISTURBANCE99 00 01 9894 93 89 9894 SHEET OF :I S S U E S L A N D S C A P EA R C H I T E C TN O T E SDATEDESCRIPTIONNO.APNZ PUD Submittal05.28.1816-221BPROJECT NO.:July 19, 2018DATE:ralDRAWN BY:SCALE:RAL Architects, Inc.2018CEdwards, Colorado 81632email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Wildridge RoadWildridge PUDS T R U C T U R A L-Block 4Lots 38 and 39Avon, CO 81620BPNZ PUD Final Submittal06.05.185032 and 5040OverallArchitecturalSite PlanA0.21" = 30'Option 1ATTACHMENT 4 GRATE AND DRAIN PIPE01020304 070809 0005 9906 1011 12 13 14 15 19 14.93 16.37 15.43 16.20 20 15.83 15.83 16.47 13.50 15.33 16 17.00 17.0017 16.92 16.92 18 2020.2018 15.5 15.5 15.5 15.5 14.014.012.511.5 9.5 9.58.0 3.019 21 222324 25 212 SF63 SF 69 SF 911 SF SNOW S T O R A G E SNOW STORAG E STORAGESNOW STORAGESNOW ENTR Y F L O O R ELEVATI O N 2 0 . 2 0 GARAGE FLOORELEVATION 17.0GARAG E F L O O R ELEVA T I O N 1 5 . 8 3ENTRY FLOORELEVA T I O N 1 5 . 8 3 MAIN FLOORELEVAT I O N 1 7 . 0 LOWER F L O O R ELEVATION 5.0LOWER F L O O R ELEVATION 2.0MAIN FLOORELEVATION 14.0CONCRETE PATIO4.5 CONCR E T E WALKCONC R E T E WALKASPHAL T D R I V E W A Y ASPHALT DRIVEWAY5%120 SF SNOW S TORAGE 137 SFSNOW S T O R AGE 77 SF SNOW STORA G E 54 SF SNOW STORAG E EXTEN D E X I S T I N G S T O R M EXISTING C U L V E R T TO REMAINCENTER L I N E O F DRAINAGE SWALENEW CU L V E R T NEW STONE RIP RAP1.5CONCRETE PATIODRAIN P I P E EXISTING 8" STEELDRAIN PIPEEXISTING 6" DUCTILEEXISTIN G W A T E R V A L V E S NEW STONE RIP RAPDRAIN P I P E EXTEND 6 " D U C T I L E DRAIN P I P E EXISTING 2" PVCDRAIN PIPEEXISTING 4" PVCDRAIN PIPEEXTEND 2 " P V CDRAINAGE AND UTILITY EAS EME NT DRAINAGE AND UTILI TY EAS EMENT ELECGRAVEL ROADGRAVEL ROADROCK O U T C R O P SEWERSEWERTV TVELEC LIMITS OF DISTURBAN C E LIMITS OF DISTURBAN C E NEW DRAI NAG E AN D UT I L ITY EASMENT NEW DRAINAGE AND UTILITY EASMENTNEW D R A I N A G E A N D UTILITY EASMENTDRAIN PIPEEXTEND 4 " P V C NEW STONE RIP RAPDRAIN PIPEEXTEN D 8 " S T E E L EXISTING 48" DRAIN PIPEVERTICALLY TO MEETNEW G R A D E 0203040504030201 21 25 342631 24 191920 212225ROUGH DRIVEWAY SILT FENCE SILT FENCE SILT FENCE LIMITS OF DISTURBANCELIMITS O F D I S T U RBANCE LIMITS OF DISTURB AN CE LIMITS O F D ISTU R B A N CE LIMITS OF DISTURB A N CE LIMITS OF DISTURBANCE ROCK OUTCROPROCK OUTCROP2033 2425 2627 2832 29 30 34 3526 29 31 35 35 36LOWER FLOORELEVATION 94.0MAIN FL O O R ELEVATION 6.040 41 42 GARAG E F L O O R ELEVATION 44GARAGE FLOORELEVATION 45LOW E R F L O O R ELEVA T I O N 4 8 LOWER FLOORELEVATION 49MAIN FLOORELEVAT I O N 6 0 MAIN FLOORELEVATION 61UPPER FLOORELEVATION 73UPPER F L O O R ELEVATION 72767872828488 GARAGE FLOORELEVATI O N 6 7 . 0 LOWE R F L O O R ELEVAT I O N 7 9 . 0 UPPER FL O O R ELEVATION 91.0SHEET OF :I S S U E S L A N D S C A P EA R C H I T E C TN O T E SDATEDESCRIPTIONNO.APNZ PUD Submittal05.28.1816-221BPROJECT NO.:July 19, 2018DATE:ralDRAWN BY:SCALE:RAL Architects, Inc.2018CEdwards, Colorado 81632email ~ bobbyl@ralarch.comP.O. Box 1805Phone ~ 970.376.4227Wildridge RoadWildridge PUDS T R U C T U R A L-Block 4Lots 38 and 39Avon, CO 81620BPNZ PUD Final Submittal06.05.185032 and 5040OverallArchitecturalSite PlanA0.31" = 30'Option 2ATTACHMENT 4 ∆ ∆ ATTACHMENT 4 Ordinance 18‐13, Amendment the Avon Building Code TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: September 11, 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 SUMMARY The second reading of Ordinance 18‐13 was continued to further streamline the contractor licensing process. Additionally, the Council was interested in a similar approach to Eagle County for residential insulation, whereby the Building Official can accept alternative means and methods to meet the insulation requirements for residential construction. Staff continues to work through the code amendments and is requesting additional time to finalize all details for final presentation and adoption. RECOMMENDED MOTION “I move to continue second reading of Ordinance 18‐13 to the October 9, 2018 meeting.” TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:06 p.m. A roll call was taken, and Council members present were Amy Phillips, Jake Wolf, Scott Prince, and Sarah Smith Hymes. Megan Burch and Matt Gennett were absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. Mayor Fancher announced that the Carboard Boat Regatta at Nottingham Lake was a huge success and praised public safety personnel for their quick response to the structure fire at Beaver Bench Condominiums. 2. APPROVAL OF AGENDA Start time 06:50 Mayor Pro Tem Smith Hymes asked for a support letter from the Climate Action Collaborative to be added to the agenda. The letter expresses support to Holy Cross Energy for actions that can be taken now and, in the future, to achieve 100% renewable electricity for the community. She asked for Council to authorize, by motion and vote, the Town of Avon to be added as a signatory to the letter. Councilor Phillips made a motion to approve the agenda with the requested addition of item 5.7.1. the letter from Climate Action Collaborative to Holy Cross Energy. Mayor Pro Tem Smith Hymes seconded the motion and the motion passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 09:26 Tom Beaver commented on the recent fire at Beaver Bench Condominiums. He talked about fundraising efforts to assist those who have been displaced by the fire. He suggested the Town set up a GoFundMe page to benefit those who have been affected. John Brenner commented on how the fire has affected him. Tsu Wolin Brown commented on Vail Valley Salvation Army's efforts to assist those who have been affected and displaced by the fire. She suggested the Town make an effort to assist and offered her assistance to the Town. Bruce Gillie with the Red Cross talked about the logistics of putting together a GoFundMe page. An idea was thrown out about letting folks who have been displaced by the fire stay at the vacant 351 Benchmark Building. Council asked staff to discuss and identify how the Town can assist. Michael Cacioppo commented on the Beaver Bench Condominiums fire and the West Beaver Creek Boulevard Streetscape Project. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 4. WORK SESSION Start time: 34:45 4.1. PRESENTATION AND REVIEW OF 2018 TOWN OF AVON COMMUNITY SURVEY DRAFT REPORT (ADAM PROBOLSKY, PROBOLSKY RESEARCH) Adam Probolsky with Probolsky Research presented an overview of the survey process and the initial draft results. He explained that a much more robust and comprehensive report is in the works and will be submitted to the Town in the coming weeks. The final report will include an executive summary, a detailed analysis, cross tabulations, key findings, and verbatim responses with demographic overlay. 5. ACTION ITEMS Start time: 1:01:24 5.1. PUBLIC HEARING SECOND READING ORDINANCE 18-07, ADOPTING THE AVON COMMUNITY HOUSING PLAN (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Fancher opened the public hearing for comments and Denise Gallagher, Wildwood Townhomes south, asked for help maintaining the building. Michael Cacioppo expressed frustration regarding the Community Survey. Kim Williams applauded the Council for the work done on the Community Housing Plan. Councilor Prince moved to approve second reading of Ordinance 18-07, thereby approving the Avon Community Housing Plan, with changes as directed by Council. Councilor Prince seconded the motion and it passed unanimously by Council members present. Councilor Gennett and Councilor Burch were absent. 5.2. PUBLIC HEARING SECOND READING 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) Start time: 1:30:08 Mayor Fancher opened the public hearing and comments were made by Phillip Qualman, Chris Lindley, Caroline Duel, Beth Riley, Jerry Lopez, Lilly Reynolds, Becky Larson, Jodi Radke and Michelle Stecher in support of the ordinance. Councilor Wolf made a motion to ban cigarettes and other tobacco products in the Town of Avon. Motion not seconded; motion failed. Councilor Prince moved to approve Second 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, with the following amendments to the ordinance: (1) Update the sixth "Whereas" statement to reflect the correct statistics, (2) Modify the definition of "Tobacco Product" to include "as a cessation product", (3) Amend Section 5.10.120 to reflect an annual license fee of $250 instead of $500, (4) Amend Section 5.10.130 (c) to read as follows: "The Avon Police Department may inspect each Tobacco TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 3 Product Retailer for compliance with this Chapter.", and (5) Amend Section 5.10.150 to strike sanction #2 and adjust the remaining sanctions accordingly. Councilor Wolf seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.3. RESOLUTION 18-12, SUBMITTING TO THE ELECTORATE OF THE TOWN OF AVON, DURING THE NOVEMBER 6, 2018 GENERAL ELECTION, A QUESTION SEEKING AUTHORITY TO INCREASE TAXES ON THE SALE OF CIGARETTES AND OTHER TOBACCO AND NICOTINE PRODUCTS (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 2:38:36 Mayor Fancher opened the discussion for comments and Jodi Radke spoke to the three options being considered. Councilor Wolf moved to approve Resolution 18-12 with Option 3 ballot language, thereby referring a local tobacco tax ballot question to the November 6, 2018 General Election. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. Option 3 ballot language reads as follows: Tax Increase on the Sale of Tobacco and Nicotine Products. SHALL TOWN TAXES BE INCREASED BY UP TO $600,000 IN 2019 AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF NEW TAXES AS FOLLOWS: BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF FIFTEEN CENTS PER CIGARETTE OR THREE DOLLARS PER PACK OF TWENTY CIGARETTES SOLD; BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES TAX OF 40% ON THE SALES PRICE OF ALL OTHER TOBACCO AND NICOTINE PRODUCTS; THE TERMS “CIGARETTES” AND “TOBACCO PRODUCTS” HAVE THE SAME MEANINGS AS IN SECTION 5.10.030 OF THE AVON MUNICIPAL CODE; AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND ALL OF THE REVENUES OF SUCH TAXES AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATION OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 4 5.4. PUBLIC HEARING SECOND 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) Start time: 2:50:37 Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved 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. Councilor Prince seconded the motion and passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.5. PUBLIC HEARING SECOND READING ORDINANCE 18-16, AMENDING CHAPTER 10.36 OF THE AVON MUNICIPAL CODE TO ENACT REGULATIONS FOR BICYCLES APPROACHING INTERSECTIONS (TOWN ATTORNEY ERIC HEIL) Start time: 2:51:45 Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved to approve the second reading of Ordinance 18-16, amending Chapter 10.36 of the Avon Municipal Code to enact regulations for bicycles approaching intersections. Councilor Prince seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.6. AUTHORIZATION TO ISSUE NOTICE OF AWARD FOR INSTALLATION OF SIDEWALKS ALONG WEST BEAVER CREEK BOULEVARD AT THE RAILROAD CROSSING (TOWN ENGINEER JUSTIN HILDRETH) Start time: 2:53:16 Councilor Wolf moved to direct staff to not construct the project in 2018 and re-bid the project in 2019. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.7. REVIEW AND DIRECTION ON ALLOCATION TARGET FOR THE 2019 TOWN OF AVON COMMUNITY GRANT PROGRAM (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 2:58:45 Councilor Wolf moved to target up to $146,000 for 2019 Community Grant Program funding that the Ad Hoc Review Committee’s funding recommendations shall not exceed. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.8. CONSENT AGENDA Start time: 3:10:09 5.8.1. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR CDOT AND THE FHWA EFFORTS TO EVALUATE VAIL PASS SAFETY IMPROVEMENTS AND WATER QUALITY ENHANCEMENTS (MAYOR PRO TEM SARAH SMITH HYMES) TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 5 5.8.2. APPROVAL OF MINUTES FROM JULY 24, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 5.8.3. APPROVAL OF MINUTES FROM AUGUST 14, 2018 COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) Mayor Pro Tem Smith Hymes moved to approve the Consent Agenda. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 6. WRITTEN REPORTS 6.1. NOTTINGHAM PARK ACTIVITY AND ENFORCEMENT (TOWN STAFF) 6.2. UPDATE ON MENTAL HEALTH SERVICES IN EAGLE COUNTY (POLICE CHIEF GREG DALY) 6.3. ABSTRACT FROM AUGUST 21, 2018 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 6.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 3:10:27 Mayor Fancher asked Police Chief Greg Daly what is being done to enforce the stage 2 fire restrictions in noticing people smoking outside. Council moved to the added item 5.7.1 5.7.1. AUTHORIZATION FOR THE TOWN OF AVON TO BE ADDED AS SIGNATORY TO THE CLIMATE ACTION COLLABORATIVE LETTER OF SUPPORT TO HOLY CROSS ENERGY. Councilor Phillips moved to add the Town of Avon as a signatory to the Climate Action Collaborative Letter of Support to Holy Cross Energy. Councilor Prince seconded the motion and it passed unanimously by Council present. Councilor Burch and Councilor Gennett were absent. Councilor Phillips gave a brief update on the Town Manager recruitment process. Mayor Pro Tem Smith Hymes gave a streamflow update and spoke about the recent Colorado Association of Ski Towns meeting she attended with Mayor Fancher. Mayor Fancher talked about the recent Colorado Association of Ski Towns meeting. She also mentioned a recently approved short term rental tax that passed in Crested Butte. The revenues are dedicated to affordable housing. 8. EXECUTIVE SESSION 8.1. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) REGARDING THE TOWN ATTORNEY TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET Page 6 8.2. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING A PUBLIC RECORDS REQUEST AND POTENTIAL LEGAL CLAIMS AGAINST THE TOWN UNDER C.R.S. §24-6-402(2)(B) Mayor Fancher moved to convene into Executive Session with the Town Attorney for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) regarding the town attorney and a conference with the town attorney for the purpose of receiving legal advice regarding a public records request and potential legal claims against the Town under C.R.S. §24-6-402(2)(b). Councilor Phillips seconded the motion and it passed unanimously by Council members present. The time was 8:55 p.m. Council convened into Executive Session at 8:58 p.m. Executive Session ended at 9:41 p.m. Council reconvened into the Regular meeting at 9:41 p.m. 9. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 9:41 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. RESPECTFULLY SUBMITTED: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ___________________________________ Sarah Smith Hymes ___________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ USFS Winter Access Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: September 11, 2018 Topic: DIRECTION ON WINTER ACCESS OUT OF THE WILDRIDGE SUBDIVISION, INCLUDING THE MEMO OF UNDERSTANDING DATED JULY 21, 2014 BETWEEN THE USFS AND THE TOWN OF AVON ACTION BEFORE COUNCIL No action; direction is sought on winter access out of Wildridge, including previous agreements between the USFS and Town. SUMMARY The Town commented on the USFS Draft Environmental Impact Statement for the Berlaimont Estates Access Project (DEIS/Berlaimont) earlier this year. The DEIS published in February includes the improvement of adjacent USFS 774, with a new trailhead that would accommodate winter parking and access. The Town’s comments were provided with the understanding that USFS will only permit one winter access point for motorized vehicles in this region due primarily to winter wildlife stress, and that a delay in USFS 774 parking area would allow for final consideration of USFS 779 as agreed to in the Memo of Understanding (MOU) signed on July 21, 2014, between the USFS and Town. After the Town’s comments were provided, the Town Council held a work session on April 10, 2018 with Aaron Mayville, White River National Forest District Ranger. At the work session it was agreed that further analysis of USFS 717.1B should be scheduled and made part of the Berlaimont DEIS, in addition to formal analysis of USFS 779, to assure that all options have been exhausted for winter motorized access. As a follow‐up to the work session, and in an effort to address other comments received, the Eagle‐Holy Cross Ranger District office presented modified mitigation measures to the public for comment. The modifications to the DEIS were made in part to address wildlife habitat, the Town’s comments, and other comments received during the comment period. The changes were presented in a public open house on August 15, 2018 and include the potential for a parking area on the west side of Wildridge off USFS 717.1B – as recommended by the Town for further study – and a multi‐use trail west of USFS 774 to address comments from other trail users. Written public comments received by staff are attached; further comments were received directly by the local USFS as well. Documentation and supporting correspondence with USFS staff is attached to this report tracking back to the 2011 Negotiated Resolution document that documented the Town’s appeal of USFS 779. Little if any support from the public has been expressed for pursuance of USFS 717.1B, and therefore staff is seeking direction on how to proceed. This includes a re‐review of the MOU from July 21, 2014. STRATEGIC PLAN PRIORITY The Town of Avon 2017‐2019 Strategic Plan lists the continued work with USFS on the Town’s request for USFS 779 to be open to winter motorized use as a Tier 1 priority. ATTACHMENTS 1 – Written Comments regarding USFS 717.1B 2 – USFS Materials and Correspondence 1 From: Klein, Matthew ‐ FS Sent: Friday, September 07, 2018 11:58 AM To: Matt Pielsticker Cc: Truex, Richard ‐FS ; Gilles, Marcia ‐FS Subject: RE: Wildridge Snowmobile Access Matt, Per our telephone conversation yesterday afternoon, here’s what I can tell you regarding public comments received so far: Since our public meeting on 8‐15‐2018, I have received approximately 120 emailed comments from the public regarding Berlaimont. Roughly 80 of those have been a form letter created by Wilderness Workshop. Of the remaining 40 or so, 8‐10 have been comments which specifically address the proposed snowmobile access point/parking lot off of June Creek Trail in Wildridge. All of those 8‐10 were opposed to the proposal. Hope this helps. Call if you need anything else. ‐Matt Klein Matt Klein Realty Specialist Eagle/Holy Cross Ranger District, White River National Forest 970-827-5182 1 From: Sent: To: Cc: Subject: Mike Post Thursday, August 16, 2018 10:19 AM matthewklein@fs.fed.us; Matt Pielsticker Lisa Post; ; Garrett Fonda; Garrett Fonda; Holly Post (); Carly Post Wildridge snowmobile parking lot Attention: Scott Fitzwilliams, c/o Matt Klien From: Mike Post 2935B June Creek Trail, Avon. Gentlemen, Though I do not consider myself a NIMBY I truly oppose the winter access to parking off FSR 717.1B. Before I list the reasons I must point out the lack of notification to directly impacted homeowners off June Creek Trail. Unlike the fliers that were delivered to our entry’s this summer notifying the resurfacing of June Creek Trail we received nothing. If you didn’t happen to see the story in the Daily, word of mouth or T.O.A. website you really would have no idea of this proposal. At lease a notification sign at the end of the cul‐de‐sac would have been appropriate. With that said, here are a few items to consider: 1)Directing winter use traffic through a Residential Subdivision will be much more of an impact on vehicle and foot traffic for Old Trail Road and June Creek Trail not to mention the cul‐de‐sac. As it exists now with FSR 774 all traffic is north of Moonridge Subdivision and Berry Creek Subdivision not directly impacting private roads. 2)The existing access road the descends down the 50’ Access Easement would need to be widened significantly to accommodate the multi‐sled snowmobile trailers. No way can you have two way traffic on this road as it exists presently. 3)Congestion once multiple vehicles and trailers reach parking options 1 and 2 with little turn around area would lead to a real cluster in my opinion (even with the 150’X80’ parking dimensions). 4)The above would lead to unloading of trailers in the cul‐de‐sac which has already occurred in the twenty plus years we have live there. There were at one time “no parking” signs but they were taking out a long time ago. I’ve had plenty of confrontations with dirt bikers and snowmobilers who unload at the cul‐de‐sac and then park at the kids park at the intersection of Old Trail and June Creek. 5)On heavy snow days trucks would need to chain up, (in the cul‐de‐sac) and interfere with residents trying to get in and out of their driveways. 6)You may want to talk to the T.O.A. snowplow drivers and get their opinion. Will they be plowing all the way down the access road and plowing out the parking area, (which would be a real challenge)? Or will that be the responsibility of the Lot 21 property owner? Please take these items into consideration and put this Wildridge property owner in your NO column for “Wildridge Winter Access” since that is what it really is. Regards, Mike Post Attachment 1 1 ‐‐‐‐‐Original Message‐‐‐‐‐ From: Tiffany Neal Sent: Wednesday, August 15, 2018 8:35 AM To: Matt Pielsticker <mpielsticker@avon.org> Subject: Tonight’s Forest service meeting regarding moving snowmobile access to Wildridge. Matt, I’m unable to make the meeting tonight at the forest service regarding the relocation of the snowmobile access from Berry Creek to Wildridge (June creek). I live on Old Trail rd (2330), and I am vehemently opposed to this proposition. Old Trail is already overburdened with tragic, as is Metcalf/Wildridge Rd. With only one access in and out of the Wildridge subdivision (which was a poor plan from the beginning, but that cow is already out of the barn) the addition of the hiking/biking was enough of an additional burden on our residence and the road we live on. To add trucks with trailers traffic is just too much. I moved to Wildridge because it is not in the thick of heavy traffic and the interstate, putting this access into the middle of our neighborhood defeats the entire appeal of living in Wildridge. There are already enough motorized recreational playgrounds in our area that do not impact neighborhoods and communities. Please do not allow this egregious plan to go through. Thank you, Tiffany Neal Attachment 1 1 From: Garrett Fonda Sent: Friday, August 24, 2018 8:36 AM To: matthewklein@fs.fed.us; Matt Pielsticker <mpielsticker@avon.org> Cc: Lisa Post <; ; Mike Post Judy Fonda Subject: Wildridge snowmobile parking lot Matt, I live on the short section of June Creek Trail in Wildridge just short of where the dirt begins to descend down to the June Creek drainage. Throughout the summer we are inundated with dirt bikers coming up June Creek Trail from the trails in that area. They hit the pavement, often doing wheelies and traveling well in excess of the posted speed limit of 20 mph. Discussions with the Avon Police Department has done little to slow them down or reroute them to some area that does not have a lot of children. During the winter, we already have trucks and snowmobiles driving up and down our short street and parking in front our house (which is illegal in Wildridge). Providing them a parking space at the bottom of the dirt will only increase the truck traffic in front of our house. Additionally, the dirt road from the end of the pavement to the proposed parking areas is not wide enough for two trucks to pass so it will have to be widened in order for this option to work. Would you pave the section of FSR 717.1B to the gate in order to facilitate this effort? There certainly isn’t room in the two proposed parking areas for more than a couple of trucks with trailers. Does that mean you are going to create parking? Will you pave that also? It could become quite a quagmire if it isn’t paved. It seems to me that moving access for snowmobiles to an area that will traverse a quiet residential street doesn’t make sense when the current direction does not impact residential roads. We have a number of deer that live in the area and are constantly in our yard and walking along June Creek Trail. Increasing snowmobile vehicular traffic in this area will certainly drive the remaining wildlife away. As was mentioned in the article in the Vail Daily on August 17, wildlife in Eagle County is already threatened and increasing snowmobile activity along the edge of the Wildridge neighborhood certainly won’t improve that situation. I know I sound like someone who has his special place on a quiet street and doesn’t want anyone bothering him. In part that’s correct. One of the reasons we purchased this house was because it was on a quiet cul‐de‐sac. Making June Creek Trail a thoroughfare for snowmobile traffic in the winter is one sure‐fire way of disrupting this special place. You can put me down as a definite NO for your proposal. Garrett Fonda 2935‐A June Creek Trail PO Box 9584 Avon, CO 81620 Attachment 1 Attachment 1 1 From: McDavid, Janet L. Sent: Wednesday, September 5, 2018 8:40 AM To: Avon Council Web Subject: Snowmobile Access in Wildridge My husband and I have a home in Wildridge, Avon, Colorado. We strongly oppose increasing access to the trails around Wildridge for snowmobiles. Wildridge is a quiet residential community, and the homeowners chose it for that reason. Increasing snowmobile use and access for snowmobiles is inconsistent with that quiet. It also would disrupt the very substantial wildlife population in Wildridge, which includes deer, elk, fox, bears, and more, as you know. The 50% decline in the elk population in Eagle County has been described as alarming by CPW, which attributes the decline in large part to disruption in their habitat. Increasing snowmobile use in the wild areas near Wildridge would increase that disruption. As the Vail Daily noted in its June 16, 2018, story about the decline in the elk population, quoting CPW Wildlife Manager Craig Wescoatt, “In the bigger picture, if elk are going to survive in Eagle County, there needs to be land set aside for wildlife that is off limits to humans. ‘Solitude and space are necessities for wildlife herds,’ Wescoatt said.” https://www.vaildaily.com/news/where‐has‐all‐the‐wildlife‐gone‐cpw‐officials‐cite‐50‐ percent‐drop‐in‐eagle‐valleys‐elk‐population/. We urge the Avon Town Council to oppose any increase in snowmobile usage in and around Wildridge. Thank you for your consideration, Janet McDavid Janet McDavid 5531 Coyote Ridge Avon, CO 81620 About Hogan Lovells Hogan Lovells is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP. For more information, see www.hoganlovells.com. CONFIDENTIALITY. This email and any attachments are confidential, except where the email states it can be disclosed; it may also be privileged. If received in error, please do not disclose the contents to anyone, but notify the sender by return email and delete this email (and any attachments) from your system. Attachment 1 1 From: Jennie Wahrer [ Sent: Wednesday, September 5, 2018 2:05 PM To: Avon Council Web ; Megan Burch Subject: Berliamont Project and WIldridge Snowmobile Access Dear Avon Council, I strongly oppose the Berliamont Project and WIldridge Snowmobile Access. I moved into Wildridge because of the low light, low noise pollution, limited population, and the wildlife. Snow mobiles are extremely loud and disturb the wildlife in the area. There is limited parking and I do not believe that snow mobile access or additional parking for snow mobiles should be allowed in a residential area. Since the bikes paths have been constructed I have noticed a decrease in wildlife so additional disturbance to natural wildlife habitat should be strongly discouraged. My question is why should the TOA provide snow mobile access on any TOA residential area? There are plenty of snow mobile accesses that are not part of a residential community. This snow mobile group of folks can access in areas other than residential. Please oppose this proposal! ‐‐ Jennie Wahrer 2345 Fox Lane Avon, Co Attachment 1 1 From: Jim Yager Sent: Wednesday, September 5, 2018 5:51 PM To: mathewklein@fs.fed.us; Avon Council Web <avoncouncilweb@avon.org> Cc: 'Suzanne Yager' Subject: Wildridge Snowmobile Access Dear Mathew and Avon Town Council My wife and I wish to provide our input regarding our understanding that the Town of Avon is considering snowmobile access in Wildridge as well as well as construction of a parking lot to accommodate trucks and trailers at the end of June Creek Road. Such a project will result in increased traffic as well as increased truck and snowmobile noise in our neighborhood. This project will benefit non‐residents of Avon at the expense of Wildridge and residents. We moved to Wildridge 4 years ago because of the quiet neighborhood and serene access to nature. This will certainly disturb the neighborhood considerably. We hope that the Forest Service as well as the Avon Town Council will help to protect our natural environment and not allow this project to proceed. Thank you for considering our input. Jim and Suzanne Yager 2376 Fox Lane Avon Attachment 1 1 ‐‐‐‐‐Original Message‐‐‐‐‐ From: Robert Fink Sent: Thursday, September 06, 2018 10:34 AM To: Avon Council Web ; matthewklein@fs.fed.us Cc: Scott Prince Subject: Avon Council subject: Motorized winter (and maybe the rest of the year) access to USFS 779, 774 and/or 717.1B I write in opposition to the possibility that the Avon Council will encourage the US Forest Service to use the June Creek Trail (USFS 717.1B) in the Wildridge development as one of the few entrances to the US Forest Service land in Eagle County. Let me introduce myself. I am Robert Fink, a six year resident of Wildridge, living on the corner of Old Trail and Bear Trap Rd, about a quarter of from the top of June Creek trail (or the end of the cul de sac). I write on behalf of my wife Marjorie, and on behalf of our friends and neighbors here with whom we have discussed this issue and we suspect on behalf of the vast majority of the residents of Wildridge, all of whom seem to share the same love of a quiet beautiful neighborhood, where you can see people of every age walking, hiking, biking, playing, pushing carriages and strollers along every roadway, and particularly around the children’s park on the corner of Old Trail and June Creek Point. We are among them. We learned this week of the the possibility that the Avon Council was interested in having the USFS allow June Creek Trail to be the jumping off point (with the help of a small parking lot to be constructed), for winter snowmobiling on the Forest Service roads reachable from June Creek Trail —although it could and would be use at any time of the year for any motorized activity on those Forest Service roads; indeed, as you may know, it already is used by motorized cars, bikes and motorcycles as well as snow mobiles; all of which I have encountered while hiking back there. I had a chance yesterday to speak with Matt Pielsticker who I called because I saw he had presented the issue at the last Council meeting. I appreciated his time and clarity in explaining to me how the Council views the issues it is addressing. Having discussed this with several other residents of Wildridge we remain opposed to the idea of encouraging addition transient traffic through our family neighbor, and opposed to making June Creek Trail a permanent access point to Forest Service roads for snowmobiles or other motorized vehicles. Surely, there is a better option. We appreciate your attention. Respectfully submitted, Robert F Fink Sent from my iPad Attachment 1 1 From: jan livergood Sent: Thursday, September 06, 2018 4:01 PM To: Avon Council Web Subject: Snowmobile Parking in Wildridge Dear Avon Town Council, I'm a 29 year homeowner and resident of Wildridge. I'm vehemently opposed to building snowmobile parking areas on or anywhere near Wildridge. I'm also against any attempts to reopen the Metcalf four wheel drive road to winter access. The associated traffic and noise would be completely inappropriate for our quiet residential neighborhood. I'm also disappointed to hear that these plans are associated with the Berlaimont project. I am against that project, as are many in the valley, and I don't like the fact that Avon is working with the Forest Service to enable Berlaimont. Sincerely, Jan Livergood Wildridge Attachment 1 Attachment 2 Attachment 2 FSR 774FSR 780FSR 778FSR 717.1ANFS Private Berry CreekJune CreekF S R 7 1 7 . 1 BFSR 717FSR 7 1 7 . 1 A NFS Private E d w a r d sE d w a r d s 4.4 Miles W ILD R ID G E RD WILD R ID G E R D Be r r y C r e e k R d Service Layer Credits: §¨¦70 0 500 1,000Feet Wildlife Habitat Existing Berlaimont Estates' Private Property NFS Boundary Forest Service Roads Proposed Winter Over-Snow Motorized Access Route to Close (4.4 Miles) Wildlife Habitat Elk Severe Winter Range Mule Deer Severe Winter Range Prepared by: [ August 2018 Berlaimont EstatesAccess Route EIS Data obtained from Colorado Parks and Wildlife, 2017.All NFS lands within map extent are within Elk and Mule Deer Winter Range Attachment 2 Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 March 26, 2018 Mr. Aaron Mayville, District Ranger White River national Forest 24747 US Hwy 24 - PO Box 190 Minturn, CO 81645 RE: APRIL 10TH TOWN COUNCIL MEETING: TOPICS OF INTEREST Dear Aaron, The Avon Town Council looks forward to meeting with you on April 10th. In preparation for the session, the Town would like to discuss the following topics: 1. Status of Berlaimont EIS and proposed new parking lot on FSR 774 and Town of Avon request to delay the parking lot. (DEIS Comment Letter dated February 27, 2018) 2. Status of USFS action on the Memorandum of Understanding, dated July 21, 2014. Avon’s correspondence regarding the MOU is attached. In our meeting on February 23, 2018, it was Planning Director Matt Pielsticker’s and my understanding that the USFS was placing certain new conditions on the MOU previously not disclosed or provided for in the MOU. These conditions include: 2.1 The White River National Forest now requires the proponent of an action to pay for the NEPA process. The NEPA review category has not been determined. The proponent would be the Town of Avon. 2.2 The Town is expected to design the realignment of Metcalf Creek Road prior to commencement of the NEPA process. [Note: The Town has budgeted road realignment design in 2020 ($25,000) and construction in 2021 ($235,000), subject to completion of the NEPA process.] It was an additional understanding from our meeting that it should be possible for the MOU review to be included in the 2019 USFS work program and budget, if these matters are finalized in the next couple of months. Avon, understandably, would like to discuss and resolve these conditions at the April 10th session. Thank you. Let us know if there is anything you would like to add to the list or if there is anything you would like to provide to the Council before the meeting. Please give a call if helpful. Sincerely, Virginia C. Egger Town Manager cc: Planning Director Matt Pielsticker Attachment 2 Attachment 2 ID ID ID IA IA ID FSR 774FSR 780 Berlaimont Estates'Private Property FSR 7 7 8 FSR 780 FSR 783FSR 774NFS Private NFS Private [ Existing Roads Multi-Use Trail Berlaimont Estates' Private Property NFS Boundary Proposed All Alternatives Alternative 2 Alternative 3 Alternative 4 Recreation Mitigation Trail Platted Berlaimont Property Road IA North Parking Lot IA South Parking Lot ID Residential Access Gate Alternative 2 ID Residential Access Gate Alternative 3 ID Residential Access Gate Alternative 4 ID Winter Access Gate Date: January 2018Prepared by:0 0.25 0.5Miles E d w a r d sE d w a r d s Berlaimont Estates Access Route EIS Figure 2: Action Alternatives (2–4) §¨¦70 New parking lot Attachment 2 From: Matt Pielsticker Sent: Monday, October 16, 2017 9:51 AM To: Mayville, Aaron W -FS <awmayville@fs.fed.us> Cc: Virginia Egger <vegger@avon.org> Subject: RE: USFS 779 Aaron From our last conversation it became clear that 779 would not be included in the Berlaimont project study. There are no updates on the USFS Berlaimont webpage; understanding that it is moving forward independently, could you give us any sense on where 779 is placed in your queue? Did you meet with your supervisor to go over where 779 stands in your master work list? Thanks Matt Matt Pielsticker, AICP Planning Director Town of Avon 970.748.4413 www.avon.org From: Matt Pielsticker Sent: Tuesday, May 09, 2017 10:32 AM To: Mayville, Aaron W -FS Cc: Avon Council Web; Virginia Egger; 'lancetrujillo24@gmail.com' Subject: USFS 779 Aaron, Please find the attached letter and correspondence requesting action and updates on USFS 779. Thank you, Matt Matt Pielsticker, AICP Planning Director Town of Avon 970.748.4413 www.avon.org Attachment 2 Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY DISTRIBUTION VIA EMAIL May 9, 2017 Aaron Mayville, District Ranger United States Forest Service White River National Forest, Eagle-Holy Cross Ranger District 24747 US Hwy 24, PO Box 190 Minturn, CO 81645 awmayville@fs.fed.us Dear Aaron, Thank you for speaking recently on the telephone and providing an update regarding the Berlaimont project. It is my understanding that Berlaimont is in the heart of the National Environmental Policy (NEPA) process, and alternative development (access) options are currently being created for further evaluation this summer. Additionally, a draft analysis is expected this fall to assess the alternative access options. Independent of the Berlaimont study, the Town respectfully requests that review by the USFS of year- round vehicle access and road improvements on Metcalf Creek Road (USFR 779) be commenced. This letter follows a November 7, 2016 comment letter provided by the Town and attached hereto. The Town requests year-round access for all vehicles, bicycles, horse and foot traffic be provided for USFR 779, except during any appropriate US Forest Service closure. The Town also remains committed to retaining the June Creek access in the winter as the reinstatement of USFR 779. This request includes a review of year-round vehicle access and road improvements on USFR 779 and emanates from our Memorandum of Understanding, dated July 1, 2014, which is also attached The Town appreciates your timely consideration of this proposal and honoring of the Memorandum of Understanding. It is the Town’s desire to move forward with analysis and budgeting of any potential upgrades to USFR 779 as contemplated in the Memorandum of Understanding. Please include me as the Town’s primary contact for the Berlaimont project and the USFR 779 study. With Appreciation, Matt Pielsticker, AICP Town of Avon Planning Director Attachments: November 7, 2016 Comment Letter July 1, 2014 Memorandum of Understanding CC: Avon Town Council Town Manager Virginia Egger Lance Trujillo, Holy Cross Powderhounds Attachment 2 Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY November 7, 2016 Scott Fitzwilliams, Forest Supervisor c/o Matt Klein, Realty Specialist White River National Forest 24747 US Hwy 24, PO Box 190 Minturn, CO 81645 RE: COMMENT PERIOD FOR BERLAIMONT ESTATES ROAD ENHANCEMENT PROJECT Dear Mr. Fitzwilliams and Mr. Klein, On behalf of the Town of Avon, I appreciate the opportunity to comment on the Berlaimont Estates Road Enhancement Projects, and specifically in regards to Berlaimont’s proposal to improve a segment of the existing NFSR 774, known locally as the Berry Creek Road. On August 6th, the Town Council sent the attached letter to the United States Forest Service, requesting the Forest Service begin its review of “year-round vehicle access and road improvements on Metcalf Creek Road” (USFR 779), which emanated from the Memorandum of Understanding, dated July 1, 2014, enclosed with the letter. The Town of Avon is aware that today the only permitted year-round snowmobile access available, in a reasonable distance, is via NFSR 774. Respectfully, the Town asks that during the Berlaimont Road Enhancement review and preparation of alternatives, comprehensive consideration be given by the USFS to Town’s letter of August 6th, to the needs of snowmobile access and trail connections. Finally, the Avon public has a strong interest in trail development and retention. I believe extending the review period would allow needed time for Town Council meeting notice and outreach to our residents regarding the Berlaimont project, and, as such, I request an extension be considered by the USFS. The Town is prepared to work expeditiously with all parties to address this important matter. Sincerely, Mayor Jennie Fancher Town of Avon Attachment: August 7th Letter cc: Avon Town Council Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Page 1 of 1 WRITTEN REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Lance J. Richards, Director, Human Resources Date: September 11, 2018 Agenda Topic: UPDATE ON TOWN MANAGER SEARCH SUMMARY: As of the date of this memorandum, we have received over 60 total responses to our search for a new Town Manager. On August 13th, a subset of the Search Steering Committee met, and we reviewed 49 applications. Of those 49, we have selected seven with whom we wish to speak further. Currently, we are scheduling video interviews with those seven candidates. Once those interviews are completed, we expect to have identified a short list of candidates for a first round of in-person interviews with the entire Council. The first round of in-person interviews will be held in executive session. After the first round of in-person interviews, Council may select finalists to be invited for a second round of interviews. The names of the finalists must be publicly disclosed in accordance with Colorado law. The interview process for finalist candidate will utilize a series of diverse review panels that will include community members. According to the current schedule, it is possible that finalists may be selected and scheduled for interviews in November. Thank you, Lance 1 PZC Abstract – September 4, 2018 Planning & Zoning Commission Meeting Abstract Tuesday, September 4, 2018 Staff Present: Matt Pielsticker Justin Hildreth David McWilliams Eva Wilson Eric Heil Scott Wright I. Call to Order – The meeting was called to order at 5:03pm. II. Roll Call – All commissioners were present. III. Additions & Amendments to the Agenda – There were no additions to the agenda. IV. Conflicts of Interest – There were no conflict of interest divulged. V. Joint Work Session with Avon Historic Preservation Advisory Committee - Hahnewald Barn Summary: Tamera Nottingham-Underwood presented a history of the barn. Liz Hallas presented an update of the current architectural considerations. The Planning and Zoning Commission, along with the Avon Historic Preservation Advisory Committee, discussed the final location options for the Hahnewald Barn relocation project and the programming associated with the building. VI. Work Session – E- Bikes Summary: Staff reviewed new E-Bike regulations, prepared for Town Council final action. VII. Work Session - Family Definition Summary: Staff reviewed the Avon Municipal Code’s family definition, prepared for a future public hearing. VIII. Consent Agenda A – August21, 2018 Meeting Minutes B – Record of Decisions: i. 2011 Beaver Creek Point addition – MNR18014 ii. 5032 and 5040 Wildridge Road East - PUD18002 iii. 4545 Flat Point – MJR18007 iv. 140 West Beaver Creek Boulevard – MNR18034 Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner Howell seconded the motion and it carried unanimously 7-0. IX. Staff Updates • Staff approvals: i. Buck Creek Condo fence ii. 2485 Old Trail Fence X. Adjourn The meeting was adjourned at 8:00.